PLANNING COMMISSION MEETING

Transcription

1 PLANNING COMMISSION MEETING The Norfolk Planning Commission of the City of Norfolk conducted a public meeting in the City Council Chambers, 309 N. 5th Street, on the 3rd day of November, 2015, beginning at 7:30 a.m. The Planning Commission Chair, Brian Lundy, called the meeting to order and informed the public about the location of the current copy of the Open Meetings Act posted in the meeting room and accessible to members of the public. Roll call found the following Commission Members present: Brian Lundy, Barb Marsh, Sue Beckman, Dan Spray, Maynard Ohl, Martin Griffith, Merlin Milander, and Bill Fisher. Absent: Suzanne Davis. Staff members present were: City Administrator Shane Weidner, City Attorney Clint Schukei, City Planner Val Grimes, Director of Public Works Dennis Smith, City Engineer Mark Dolechek, Economic Development Director Courtney Dentlinger, Risk Manager Lyle Lutt and Susan Hansen. Chair Brian Lundy presided and the Planning Commission Secretary recorded the proceedings. Current Business Commissioner Beckman moved, seconded by Commissioner Spray to approve the full agenda as printed. Commissioner Marsh moved, seconded by Commissioner Beckman to approve the October 27, 2015 meeting minutes. Public Hearings and Related Items Public Hearing (Conditional Use Permit, Oversize Accessory Building) (206 N Boxelder St, Arent) A public hearing was opened at 7:31 a.m. to consider the Conditional Use Permit request, by Brian Arent, for an oversize accessory building at the location of 206 N Boxelder Street.

2 Brian Arent spoke to his request giving a description of his plan to tear down an old shed/chicken coop on his property and construct a 2000 square foot garage for his camper and vehicle. The garage will not include any living space. Mr. Arent plans to pave a driveway to the building, remove a tree, and make plans for the garage to be architecturally compatible to his house. A curb cut will be required for the new driveway. Three neighbors provided letters in support of Mr. Arent s project, and Val Grimes, City Planner, had not received any communication in opposition. No one else appeared either in favor of or in opposition to the Conditional Use Permit request. Chair Lundy closed the public hearing at 7:35 a.m. Planning Commissioners discussed conditions for the permit. Commissioner Ohl requested the structure to be architecturally compatible (color & siding) with the current residence. Commissioner Beckman moved to table the request in order for staff to prepare the Conditional Use Permit for consideration at the next regularly scheduled Planning Commission meeting, seconded by Fisher. Public Hearing (Zone change, 2420 W Omaha Ave, TCK Leasing) (Zone change, S 25 th St & Michigan Ave, SWAD, LLC) Public hearings were opened simultaneously at 7:38 a.m., to consider a zone change from I-1 (Light Industrial) to C-3 (Service Commercial) at the request of T C K Leasing of Norfolk LLC, on property located at the northeast corner of 25 th Street & Omaha Avenue also known as 2420 West Omaha Avenue; and at the request of SWAD, LLC, on property located on South 25 th Street and south of Michigan Avenue. Commissioner Fisher addressed Chair Lundy before any testimony to state his intention to abstain from the discussion and vote on the zone change recommendation. He is a member of Our Savior Lutheran Church and is concerned of the perception that his vote may create. At this time Commissioner Fisher stepped down allowing the public hearing to continue. Attorney Lee Hamann, Omaha, Ne, representing TCK Leasing, spoke to the support of both zone change applications. Both properties are under contract to sell to Our Savior Lutheran Church. Key points made by Mr. Hamann included: City ordinance regarding general welfare and public safety enables the City to allow for this zone change.

3 Comprehensive plan has these properties designated for commercial use in the future under State law this is intended to be a strong guideline for future zoning decisions. A rezone in this location does not detract from industrial growth as there is plenty of potential for industrial growth in the northeast area of Norfolk. Current ownership has not been successful developing the property under the current zoning or finding potential buyers for the properties. A zone change would allow for an adaptive reuse of the property. The Church relocation represents opportunity for applicant and community to make use of this property rather than remain vacant and undeveloped. Stated that the Church is a compatible use for the property. Addressed safety concerns regarding daycare and pointed out that daycares are permitted in the current zoning according to land use matrix. Pointed out the location the Church would be vacating would be marketable. Bruce Nelsen, Omaha, Ne, Eagle Distributing and property owner of 2420 West Omaha Avenue Spoke to history of acquisition, and plan to consolidate to smaller facility in Norfolk. Marketed property silently for 1.5 years as to not disrupt current business. First strategy was to market property under current zoning. New real estate firm with national ties has not had any interested parties in property. Pastor Lee Weander, Our Savior Lutheran Church Our Savior Lutheran Church has outgrown current location at 25 th & Norfolk Avenue. Informed Planning Commission of Congregation s support, as evidenced by the large turnout of members for the public hearing. Does not feel like relocating in a residential location is a good place for growth. They are looking for a site in a commercial area, as that is the trend for large churches. Emphasized the savings in time and money that the proposed location would offer. Denny Siscoe, Omaha, Real Estate Firm Industrial specialist marketing the current Budweiser facility. Industrial users were first contacted as a marketing strategy, no interest, tapped all resources. Dick Johnson, Johnson Engineering, agent for TCK Leasing & SWAD, LLC Conducted study of traffic traveling east and west on Omaha Avenue and north and south on 25 th Street on 10/14/15 from 7 a.m. to 5 p.m. Determined traffic load was within daily capacity limits. Also conducted review of land use matrix and found 348 permitted uses under C-3 zoning and 432 permitted uses under I-1, of which 303 were permitted under both, making the argument that there was minimal difference between the two zone districts.

4 Lee Hamann introduced the architectural illustration created for the Church using this property. Jim Nord, Sioux Falls, Architect Addressed questions regarding use of the truck wash building, stating the intent to remove the building from property during renovation. Demonstrated on illustrations location of the primary access points, parking, green space, and how the current building would be remodeled. Rhiannon Dyer and Allison Deck provided information about Our Savior s Daycare / Preschool facility Current capacity is 99 with a waiting list, age ranging 6 weeks to 12 years. Open Monday Friday from 6 a.m. to 6:30 p.m. Mark Fitzgerald, Attorney representing the interests of opposing industry Nucor Cold Finish, Nucor Detailing, and Vulcraft Local employers additionally opposed: Affiliated, Continental, and Northwest Electric. Pointed out graphic and narrative inconsistency in the Comprehensive Plan, with the graphic showing Commercial future use and narrative suggesting Industrial use. Provided traffic count from Vulcraft based on gate count to illustrate truck traffic. Present industry have similar emergency training, contingency plans and response methods, the proposed neighbor would provide a different set of priorities not consistent with industrial. Nucor is open 24/7. Noted a single major decision can affect future increase &/or decrease of industrial growth. Douglas Graham, Union Pacific Opposed to request due to future traffic and safety issues on Omaha Avenue & 25 th Street with regard to the future location of a wind turbine distribution center on South 25 th Street. Troy Brooks, Nucor/Vulcraft Concerned about safety of team members & neighbors, and effect on growth of Vulcraft and surrounding industries. Expansion is not reflective only by building permits, Vulcraft s recent growth is labor intensive, adding 79 new jobs in recent year. David Potter, JEO Spoke to inconsistencies in the City s Comprehensive Plan, the importance to consider compatibility of suggested rezone and if those permitted uses are right for the location. Emphasized that consideration should also be given to infrastructure investment in the locations requesting zone changes.

5 Randy Osberg, Nucor/Vulcraft, Truck Driver supervisor, concerned about safety of truck drivers and other motorists. Dave Ptak, Hastings City Attorney, spoke regarding legality issues concerning the current zoning applications State Statute regulation and restrictions adopted by zoning should be in accordance to the Comprehensive Development Plan. City Code 27-8 any amendment to the district regulations or map shall conform to the comprehensive plan adopted by the city council. In order for zoning to be consistent with the comprehensive plan, the comprehensive plan must first of all be consistent with itself. Courtney Dentlinger, City of Norfolk Economic Development Director Emphasized the importance of keeping this area zoned industrial. Infrastructure is in place in this area which is a determinate in recruiting industry. Shovel ready sites with required infrastructure are currently limited. No one else appeared either in favor of or in opposition of the zone change requests and Chair Lundy declared the hearings closed at 10:03 a.m. Commissioner Milander moved to recommend the zone change from I-1 to C-3 on the property located at 2420 W Omaha Avenue, seconded by Spray. Roll Call: Commission Members: Ayes: Lundy, Marsh, Beckman, Spray, Ohl, and Milander. Nays: Griffith. Absent: Davis. Abstaining: Fisher. Motion carried. Commissioner Beckman moved to recommend the zone change from I-1 to C-3 on the property located on South 25 th Street and south of Michigan Avenue, seconded by Ohl. Roll Call: Commission Members: Ayes: Lundy, Marsh, Beckman, Spray, Ohl, and Milander. Nays: Griffith. Absent: Davis. Abstaining: Fisher. Motion carried. City Planner Val Grimes presented the October 2015 Building Report. There was no other discussion and Chair Lundy declared the meeting adjourned at 10:10 a.m. Stacey Hansen, Secretary/Norfolk Planning Commission