Planning Commission Meeting Minutes

Monday, December 6, 2004

 

Chair Jack Hausmann called the regular meeting of the Wayne Planning Commission to order at 7:30 p.m., on Monday, December 6, 2004, in the Council Chambers of the Municipal Building.  Roll call was taken with the following members present:  Sharon Braun, Vicki Pick, Bill Reeg, Kyle Nelson, Randy Brenner, Darrell Miller, Marie Mohr, Chair Jack Hausmann, and Chief Inspector/Planner George Ellyson. Absent:  Don Endicott.

 

Motion made by Commissioner Braun and seconded by Commissioner Reeg to approve the minutes of the Monday, November 1, 2004 meeting as presented.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

For the record, Chair Hausmann stated that the public hearing scheduled for 7:55 p.m. regarding Chapter 90 Zoning Amendments to the Wayne Municipal Code, specifically sections 90-10, 90-710, and 90-717, has been postponed to the January 3, 2005 meeting at 7:35 p.m.

 

The first item on the agenda was the discussion and recommendation of the preliminary re-plat of Lots 6D, 6E, & 6F, Block 2 Gary Donner Addition and the re-plat of administrative lot split of Lots 7A and 7B, Block 2 Gary Donner Addition.

 

Chair Hausmann stated that the Commission had before them the preliminary re-plat of Gary Donner Addition and the new revised copies should have been distributed to the Commission.

 

Inspector Ellyson noted that the copies were made due to a modification in the lot layout, specifically in the southwest corner. There was a lot reconfiguration, 7C has become a larger lot, but basically it is the same packet as that distributed with the packets.

 

Chair Hausmann stated that the Commission would resume discussion on this item later in the meeting, but it was time for the first public hearing.

 

Chair Hausmann stated that the time was as at hand for the public hearing at 7:35 p.m. regarding the request to rezone property from R-4 Residential to B-1 Highway Business, applicants Northeast Nebraska Public Power District (NeNPPD.

 

Chris Connolly, representing NeNPPD, was present to answer any questions the Commission may have regarding the rezoning request.  Mr. Connolly stated that Mark Schultz with NeNPPD was also present.  Mark is the current manager of the power district.  Part of the short range goals is to establish a new pole yard for storage. The current pole yard is located in the south part of town by Zach Oil.  The present area is in a low lying area and any poles or other equipment stored

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there does get wet.  Mark began searching for another area and possibly a place for expansion.  Mark is also in the process of reorganizing the work crews and there will also be a construction crew based out of Wayne.  With this in mind, Mark began looking for another piece of land for certain truck facilities at the moment and provide the kind of space needed for future growth, storing equipment and poles, etc. 

 

Mr. Connolly stated that the property NeNPPD is looking at is located west of Pac-N-Save and the former Fritz Ellis apartments, now known as Donner Apartments.  NeNPPD would be creating two lots, one for NeNPPD (Lot 1) and the other for Pac-N-Save area (Lot 2).  Part of the agreement with Don Endicott, property owner, he will be granting an easement to be able to access the property south of Donner's apartments, in case Mr. Endicott decides to develop the area in the future. 

 

Mr. Connolly stated that he has visited with the city regarding a 15 foot easement around the entire property.  After discussing the easements with city staff, NeNPPD is willing to at some point in the future to give an easement to the city, along the north side, given the event that Highway 35 may be widened and the state requires any utilities in the current right-of-way would have to be moved.  Along the west, Pheasant Run, NeNPPD would be willing to grant an easement at the same time.  NeNPPD is reluctant to grant an easement at this time because they do not know where fence lines will be located and NeNPPD does not want fence in any easements.  Any future buildings would be taken into consideration regarding easement placement.

 

Mr. Connolly stated that after visiting with city staff, that an easement is not necessary on the south side.  The remaining property, Mr. Connolly has been visiting with Duane Schroeder, who is representing Don Endicott.  Mr. Connolly suggested that Mr. Schroeder and Mr. Endicott would need to work something out with NeNPPD on the remaining easements.  The private access road will still be kept and maintained.  NeNPPD is asking that the current R-4 be rezoned to B-1 and the section of the code that NeNPPD is seeking under the municipal code is transportation warehousing.

 

Inspector Ellyson noted that frequently since the GPS mapping system has been put into place, with the advantage of the photo underlay, frequently zoning lines have been straightened out that typically zoning lines travel down the center of right-of-ways or it travels on property lines.  Inspector Ellyson showed the Commission the overhead where the property lines were following and where they were not.  Inspector Ellyson opined that with the rezoning request before the Commission, it is helping to clean up more zoning lines.

 

 

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Mark Schults, manager of NeNPPD, was present and spoke to the Commission regarding any questions they may have about the request.  Mr. Schults noted for the Commission that they only seek to do things correctly.  An architect from South Dakota has been employed by NeNPPD.  The architect will first construct a site plan on where to put a building.  NeNPPD plans on constructing next summer for a garage/warehouse facility on the lot.  Mr. Schults stated that all the line trucks and light trucks will be parked at the new building, along with two crews of men, working on daily basis, plus having warehouse storage. It will very likely be a steel building.

 

Inspector Ellyson stated that the first and second public hearings are tied in with the preliminary plat discussion for Westside Heights Subdivision.  Contained in the B-1 zoning, there is no definitive permitted use language which allows for a pole yard or power district use.  Inspector Ellyson opined that since there was no specific language that permitted the use, that it is was typical of other uses that were identified in the B-1 zone, but was not expressly indicated in the permitted use and would better be identified in the use by exception and allow for input by the Commission and public.

 

Mr. Connolly stated that moving the headquarters to the lot has not yet been decided by the board. The design process may take this into consideration and it may be a possibility.

 

Chair Hausmann closed the first public hearing regarding the rezoning request and moved onto the second hearing regarding the use by exception request section 90-354(6), applicants NeNPPD.

 

Chris Connolly, attorney was representing NeNPPD, regarding the request.  Mr. Connolly stated that this exception falls under section 90-354(6), which talks about public uses of an administrative, public service, or cultural type, including city, county, or state or federal administrative centers.  NeNPPD is certainly a public service type of activity. 

 

Commissioner Reeg questioned if Mr. Endicott would be maintaining the area from Highway 35 to the lower area of the apartments.  Mr. Connolly stated that NeNPPD would have everything west of the west property line of the apartments all the way to the south property line of Lot 2. 

 

Chair Hausmann questioned if NeNPPD would have an entrance onto Pheasant Run as well.  Mr. Connolly stated that they had visited with the county and the county has agreed.  The entrance has not yet been marked. 

 

Commissioner Brenner questioned where the traffic would enter off of Highway 35. Mr. Connolly noted that deliver trucks would probably end up using the

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highway entrance, but that Mark has noted that some power district trucks would use the Pheasant Run entrance.  Mr. Schults noted that most of the heavier equipment would probably end up using the Pheasant Run entrance. The Pheasant Run entrance could be made bigger, but the entrance from the highway would require prior permission from the State.

 

Commissioner Miller questioned why the area south of the apartments could not remain R-4.

 

Commissioner Pick questioned the area south of Pac-N-Save how it was zoned and how was Mr. Endicott going to gain accessibility to that area of land.

 

Mr. Connolly stated what does not show very well on the map is Nathan Drive which is located to the east and south of Pac-N-Save.  There is also a private drive located to the west of Pac-N-Save.

 

Inspector Ellyson stated that the apartments owned by Donner are still located in the R-4 zone and by extending that to the area south of the apartments, would keep it consistent with the present zoning.  By keeping that area R-4, it would create a buffer between the present R-1 to the east and the request to rezone to B-1 to the west.

 

Mr. Connolly questioned if that would affect NeNPPD in any way. Inspector Ellyson stated that it would not; it is more a planning issue.

 

Chair Hausmann questioned if the Commission was not running into a similar situation that they have been fighting for years in that particular area, and that is if at some future date Nathan Drive was to be extended westward, there will then be no way to get to Pheasant Run but to use the access road into Pac-N-Save.

 

Commissioner Mohr opined that was her concern as well.  Commissioner Mohr stated that in prior talks, the Commission discussed having residential in that area and then expanding even further west.  At one time there was a farm considered as residential development. Across the highway, the Commission thought about the farm north of Highway 35 as residential development.  Commissioner Mohr expressed concern that this development was going right in the middle of this area, when there is all that land designated east of Wayne for industrial.  Commissioner Mohr also stated that she was excited to see some growth in Wayne.

 

Mr. Connolly stated that NeNPPD did look east of Wayne, but could not find the same type of highway access.  Mr. Connolly also stated that the land needed to have a higher contour than the present location.

 

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Commissioner Reeg questioned if the layout of the building and storage of poles was not yet determined, and also questioned if the poles would be sitting next to the highway.

 

Mark Schults stated that some discussion has taken place with the architect.  The front portion of the lot would probably remain open for future office space.  The architect is going to create different scenarios for NeNPPD.

 

Commissioner Reeg stated that is a critical portion of the decision, the aesthetic of the design.  Commissioner Reeg questioned if there would be anything that would keep NeNPPD from placing the pole storage next to the highway frontage.

 

Inspector Ellyson stated that could be a condition of the use by exception request, where the pole storage would be placed.

 

Commissioner Pick questioned if the power district in Hartington had the offices located with the maintenance as well.

 

Mr. Schults stated that Hartington's site is very similar to the one Wayne would have, as far as land size and contour of the land.

 

Commissioner Pick questioned how far the Dorcey land went on the opposite side, if it went across Pheasant Run from this or if it is Carmen's.

 

Chair Hausmann did not know where it went.

 

After further discussion among the Commission members, it was determined that Dorcey's land was further south and located on the west side of Pheasant Run.

 

Commissioner Pick's only concern is what will be done with the two areas of land located south of Pac-N-Save and the apartments.

 

Mr. Connolly noted for the Commission that neither Mr. Endicott nor Mr. Schroeder has indicated anything to them that there are any plans for future development of those areas.

 

Chair Hausmann questioned what the time frame was for this site.

 

Mr. Connolly stated that NeNPPD is hoping to get final approval in January and close with Mr. Endicott and then starting construction in the spring.

 

Chair Hausmann asked for any other comments or questions.

 

 

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Rod Tompkins was present and opined that the NeNPPD lot is one of the last residential areas of town left for development and that it should be located on the east side of town.

 

There being no further comments or questions, Chair Hausmann closed the public hearing regarding the use by exception request.

 

Chair Hausmann stated that the Commission would now reopen discussion on the first agenda item, which is the preliminary re-plat.

 

Commissioner Braun suggested that the entire re-plat be renamed.

 

Developer Rod Tompkins opined that he was okay with renaming the re-plat area.  Mr. Tompkins stated that the engineer and Inspector Ellyson had worked the re-plat area and he, Mr.Tompkins, liked what he saw.  The cul-de-sac was moved to the west about 120 feet.  One request Mr. Tompkins suggested was that the previous developer had the water shed from the homes being diverted around to the front of the homes.  Mr. Tompkins understands that there has always been a concern with the water draining down the hill into the ditch.  One issue that by moving the cul-de-sac to the west and the cul-de-sac right-of-way and then the front yard requirement, which is 30-feet, there is 180 degree circle around the new cul-de-sac and all that water would be new water that prior to the re-plat would drain to the rear yards and then drain down the hill.  Now that water would drain to the street.  Mr. Tompkins opined that he had a concern that if someone builds a house and runs that water down a drain spout and try and move all that water down from the backside and side of the house to the front, it would not make it there in the wintertime and the water would freeze and there would be ice damming up the back of the shingles.

 

Mr. Tompkins opined that by moving the cul-de-sac, there would be more water running into the street and not to the back yards than there was before.

 

Inspector Ellyson stated that the original platting of the area and the first cul-de-sac extension from Donner Phase Two that grading did a good job of diverting the water. From the building setback line, basically the topography was created all the way around the initial cul-de-sac.  The building line has now extended around to the second cul-de-sac and even so much as that water based on the projected topography of the drawing, the water from the front of the building line is still going to travel to the cul-de-sac ultimately to the street, Donner Pass onto the collector.  There is an additional 30-foot of drainage that has been extended now into some of the previous lots that were not included in the original phase.

 

Chair Hausmann questioned what size of water and storm sewer lines were located in the area.

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Inspector Ellyson stated that it is all surface drained in that area all the way to Nathan Drive and Donner Pass.

 

Chair Hausmann asked for any further questions. There being no further questions, Chair Hausmann stated that he would entertain a motion.

 

Commissioner Reeg questioned if Inspector Ellyson was comfortable with the water shed issue.  Inspector Ellyson stated that he was and that it was better than with Phase Two.

 

Commissioner Braun made a motion and seconded by Commissioner Pick to forward a recommendation of approval to the City Council for the preliminary re-plat of Gary Donner Addition, with the preliminary plat name being changed by the developer and keeping the lot configurations the same as presented, and lifting the drainage requirement on the previous platting of Gary Donner Addition, with regards to roof surfaces.  Chair Hausmann stated that motion and second. All were in favor; motion carried unanimously.

 

Chair Hausmann then re-opened the public hearing regarding the request to rezone from R-4 to B-1, applicant NeNPPD.

 

Chair Hausmann asked if there were any other comments or questions regarding the rezoning request.

 

Commissioner Mohr stated that her concerns were the same as previously mentioned and that Mr. Tompkins explained it very well, in saying that the area to be rezoned is the last piece of property that could be developed down the road that would allow students to walk to the public school and they are still concerned about where Nathan Drive is going to go west.  Commissioner Mohr opined that they did not want to end up with another Oak Drive that was not very well planned originally and caused some problems in the years since. They have had the training that Nathan Drive would extend all the way to Pheasant Run and there would be housing developments on either side of Nathan Drive.

 

Commissioner Braun opined that being on the Commission only two years has not allowed her to be privy to long range planning for the city.  In her opinion the property has sat like it has for many years and the same thing to the north over by the cemetery.  People keep talking about making those areas residential, how much longer do you wait?  Commissioner Braun opined that the NeNPPD is a good neighbor.  They have a need and it is something that meets their needs and is very comparable to Hartington and if you have seen Hartington's public power district, it is a nice facility.  Commissioner Braun asked how long should the Commission wait for someone to say that they want to develop that area into

 

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residential.  Commissioner Braun opined that there are a few houses moving out towards the west, but most of the housing is in the northern section of town.

 

Inspector Ellyson noted for the Commission that one of the problems encountered by a property owner along Pheasant Run was that the second story of the house would only have 15 pounds of water pressure and that means that the north water tower is not high enough to provide static pressure for the second story of a house.  One of the restrictions that are becoming clearer is in an essence that infrastructure is although not impossible, but with a two story house and you need to pump water to the second story, it raises the cost of construction. These are some of the conditions that are being faced with construction towards the west.

 

Chair Hausmann opined that he would like to find a way to get away from the bottle-neck that is in that area of town.  Nathan Drive has been that future road to get away from the bottle-neck, where it would actually go (whether Pheasant Run or the highway) has never really been determined.

 

Commissioner Mohr opined that before a recommendation can be made that the Commission needs to speak with Don Endicott and the Commission needs to look at the area to the south of the apartments and also the area south of Pac-N-Save. They need to find out the plans for that particular area.

 

Chair Hausmann asked for any further discussion among the Commission.

 

Commissioner Pick opined that she would also like to visit with Don Endicott about his plans and what he has to say regarding the property that he owns.  Commissioner Pick opined that she hopes NeNPPD will develop the land and that it looks wonderful, but it will still be by use by exception.

 

Commissioner Braun opined that if you look where Nathan Drive is at right now and if you look at the property that Pac-N-Save will continue to own, irregardless of whether or not some of the land to the west is sold to NeNPPD, if Nathan Drive is extended west, it will cut right through the area owned by Pac-N-Save, just to get to Pheasant Run. If Pac-N-Save wants to sell the west piece to NeNPPD, Pac-N-Save is still going to have the property to the south and Nathan Drive could not go straight west because it would go through the area owned by NeNPPD, Nathan Drive could extend south and the Ag Society could provide some means of access.  Commissioner Braun wanted to emphasize that there is still a way to get Nathan Drive to Pheasant Run – it may look different but it could be possible.

 

Inspector Ellyson noted that there is 52 foot easement that runs along the west side of Pac-N-Save and the east side of the apartment complex.  The right-of-

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way needs to be 60 feet, so it is only shy by 8 feet, to exit Nathan Drive onto Highway 35 rather than Pheasant Run.  The 52 foot easement is of record.

 

Inspector Ellyson stated that without tabling the hearing to a specified date, then the hearing would need to be re-published in the paper as to when the hearing would be.

 

Commissioner Reeg questioned if waiting an additional 30-days would place an added pressure onto NeNPPD. Mark Schults said that it would put a little, but that it should not be a problem.

 

Motion made by Commissioner Pick and seconded by Commissioner Miller to continue the discussion and recommendation of the preliminary plat for Westside Heights Subdivision, the request to rezone from R-4 to B-1, and the use by exception request to the January 3, 2005 Planning Commission meeting.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

There being no further business, motion made by Commissioner Miller and seconded by Commissioner Mohr to adjourn the meeting.  Chair Hausmann stated the motion and second.  All were in favor; meeting was adjourned.