Planning Commission Meeting Minutes
Monday, January 3, 2005
Chair Jack Hausmann called the regular meeting of the Wayne
Planning Commission to order at 7:30 p.m., on Monday, January 3, 2005, in the
Council Chambers of the Municipal Building.
Roll call was taken with the following members present: Don Endicott, Sharon Braun, Darrell Miller,
Bill Reeg, Vicki Pick, Randy Brenner, Chair Jack Hausmann, and Chief
Inspector/Planner George Ellyson.
Absent: Marie Mohr and Kyle
Nelson.
Motion made by Commissioner Braun and seconded by
Commissioner Miller to approve the minutes as presented for December 6,
2004. Chair Hausmann stated the motion
and second, all were in favor, motion carried unanimously.
Chair Hausmann noted the next meeting will be February 7 at
7:30 p.m. Commissioner Pick noted that
she will be absent from the meeting.
Commissioner Nelson arrived at 7:33 p.m.
Chair Hausmann stated the time was at hand for the first
public hearing regarding the preliminary plat for Westside Heights Subdivision,
applicant Don Endicott.
Chair Hausmann noted for the Commission that this agenda
item was discussed at the December meeting and discussion on the agenda item is
being re-opened. The applicant, Don
Endicott, was unable to attend the last meeting and there were a number of
questions regarding the plat.
Inspector Ellyson questioned Chris Connolly if the plat
still stood as submitted to the Commission.
Chris Connolly was present representing Northeast Nebraska
Public Power District (NNPPD). Mr.
Connolly stated that there is one change to the submitted plat; that being the
result of discussions with Don Endicott and his attorney Duane Schroeder. The small area located just south of Donner
Apartments would become Lot 2 at the request of Don Endicott and Duane
Schroeder and part of the request would be to rezone this area to B-1 as
well. There would still be access in
the northeast corner of the property via the easement running north and south
on the east side of Donner Apartments.
Mr. Connolly stated that Pac-N-Save is not in a position to provide an
easement on the east side of the building lot.
Commissioner Pick questioned if the Fire Department had any
regulations regarding gaining access to Lot 2.
Inspector Ellyson stated that within the zoning subdivision regulations
mandates that no street can be more than 600 feet in a length to a dead-end.
Commissioner Braun questioned so that the Commission had a
better understanding, that Lot 1 is the area proposing to be sold to NNPPD; Lot
2 is the little square area south of Donner Apartments; and Lot 3 would be the
Pac-N-Save area and the area north of Donner Apartments.
Chair Hausmann asked for any further questions or comments
regarding the preliminary plat.
Duane Schroeder, attorney representing Don Endicott, was
present to answer questions for the Commission. Mr. Schroeder stated that Don does not have any intentions to
develop homes on the land. He intends
for it to remain business and any development would be of the business nature
and anything else would impose a burden on Don without any benefit to anyone
else.
Commissioner Miller questioned if the area straight south of
Pac-N-Save was zoned R-1?
Inspector Ellyson stated that the area is zoned R-1.
Chris Connolly stated that the Subdivision Agreement would
include an easement to allow access to the distribution line for the city. Between NNPPD and the City, NNPPD would
grant any easement necessary so that the City could access the line for
maintenance purposes. Mr. Connolly
distributed photos of the Hartington Nebraska public power district. Hartington's lot size and set-up is similar
to that of Wayne's.
Lowell Johnson, City Administrator, questioned Commissioner
Braun if a lender would have issues granting funds with no easement to the
south and east of the Donner Apartments for the purpose of gaining access.
Commissioner Braun gave some background information on the
apartments. At one time Roy Coryell
owned all the property and he conveyed 1.99 acres to Fred Ellis and then about
seven years later it was determined that they needed something in writing, so
an easement was written from Roy Coryell to Fred Ellis and their successors and
assigns for an easement for a private road 52 feet that abuts Mr. Donner's
property. The southeast edge of Donner's
property is the south line of the easement, 52 feet to the east and then north
to the highway. Only a court judge has
the ability to take away this easement from Gary Donner or his successors or
assigns, unless at some point in time this strip of land was dedicated to the
city, then Mr. Donner could care less, because his purpose of the easement is
to gain access to the property.
Gary Donner was present and questioned Mr. Endicott what his
intentions were for the area to the south of the store. Mr. Endicott indicated that if he did
anything it would eventually be rezoned to B-1 and that he has no intentions of
making the area residential. Mr. Donner
stated that he was discouraged that Nathan Drive was not going to continue to
the west. He owns a fairly good sized
vacant lot to the south of the apartments that he was hoping to develop into
more apartments.
Mr. Endicott questioned why he would not develop that area,
as he has an easement down along the whole piece of property, so he would have
access to the apartments.
Chair Hausmann closed the public hearing on the preliminary
plat and opened the public hearing regarding the request to rezone the property
from R-4 Residential to B-1 Highway Business, applicant NNPPD.
Mark Shults, general manager of the Wayne NNPPD, was present
to answer questions regarding the rezoning request. Mr. Shults noted for the Commission that they have recently had
the opportunity to move some additional work force into the Wayne community,
and this is in addition to the two jobs relocated from Emerson. When NNPPD restructured, the construction
work force was also located here in Wayne.
Mr. Shults stated that NNPPD wants to make an additional investment in
Wayne. NNPPD feels that the building
and project being proposed is keeping with the other businesses located in this
area. NNPPD has retained an architect,
the same one used by the County Courthouse for their project, and also the
Cedar-Knox PPD project. Mr. Shults
stated that NNPPD would anticipate something similar to the Cedar-Knox
building, with a 12-bay and office area and highway access.
Chris Connolly, attorney, spoke on behalf of NNPPD. Mr. Connolly handed out to the Commission
the site plan for the proposed building.
The plan shows where the building will sit, the type of screening, where
the materials will be kept; and no major changes are expected in these types of
elements. Will the building size change
– quite possibly; will the exact footprint of the building change – possibly,
but this drawing gives a good indication of what to expect. There is screening located on three
sides. The pole yard which is the piece
that has the most resistance, will be located to the back of the lot and will
be a slightly elevated position but with the buildings in the front and the
screening around it, the materials should not be seen. There are no large structures that will
stick out above the trees. There will
be racks built to help hold the poles, transformers will be on the ground and
not visible from the highway and at the same time, these items will be slightly
elevated off the ground, which is what NNPPD needs to help protect the
materials.
Mr. Connolly reviewed the photos handed out earlier
regarding the Cedar-Knox facility. They
have two buildings. The truck center
was constructed about five to six years before and the offices were just
recently constructed. Their property is
approximately the same size as NNPPD and their pole yard is located to the back
of the truck center to the south.
Commissioner Braun questioned if NNPPD is seeking to
purchase Lot 1 only and if just Lot 1 was being requested for rezoning from R-4
to B-1. Mr. Connolly stated that was
correct and also that the new Lot 2 be rezoned from R-4 to B-1 as well.
Commissioner Braun questioned if Mr. Endicott was the owner
of Lot 2, wouldn't he need to submit his own rezoning request to have the area
rezoned from R-4 to B-1 and that this would not hinder nor hold-up the request
for NNPPD.
Chair Hausmann stated that the hearing is for what NNPPD is
proposing to purchase only.
Chair Hausmann questioned the area that will sit south of
the proposed garage. Mr. Endicott and
other individuals had leveled off a portion of that and right now there is
pretty good drop-off. Chair Hausmann
assumed that up above that area is where the poles would sit and would there be
more dirt removed?
Mr. Connolly stated that there would be more dirt
removed. And there is one of two ways
the architect is looking at with regards to drainage. One is that there would be a straight slope, in other words, the
land would slope to the north and west and more of that dirt will be removed to
help provide fill on the property in general.
The second idea is to deal with tiers, so that the drainage is to the
north and west. This would provide more
areas of relatively flat or flatter spaces in which to do things. Mr. Connolly thought the architect had not
made a final determination as to which direction he was going to go, but he was
also studying water flows as well. But
more of the dirt to the south will be removed.
This does not mean that the pole yard itself will be elevated so high
that it would be over the top of the main building.
Chair Hausmann asked for any further comments or questions,
there being none the hearing was closed and the next public hearing regarding
the use by exception for section 90-354(6), applicants NNPPD was opened.
Chris Connolly, attorney, was present representing NNPPD on
the use by exception request. Mr.
Connolly stated that he did not have anything new to add, with the exception
that this is just the third step in the process.
Inspector Ellyson stated that because the proposed use was
not expressly stated as a permitted use, this use then comes before the
Commission as an exception to allow for discussion.
Chair Hausmann asked for any further questions or comments
regarding the hearing.
Commissioner Miller opined that neighbors are nor real happy
about seeing a pole storage in their backyard.
Commissioner Miller questioned what type of trees would be planted.
Mr. Connolly opined that deciduous trees make the best type
of screening, whether one row or two.
Once the trees are up and growing, they should hide everything.
Dick Carmen, resides near the rezoning request. Mr. Carmen stated that he was concerned with
the rezoning to B-1 as it would have a negative impact on property values. The Cedar-Knox PPD is located in more the
industrial part of Hartington which is where this facility should be located.
Jon Witkowsky, resides on Grainland Road near the
request. Mr. Witkowsky opined that the
Commission should remain with what is written in the comprehensive plan and not
make these types of exceptions.
Commissioner Braun opined that zoning is meant to protect
people and it is also meant to change, if not, the Commission would not be
there. If the Commission could not
change what was enacted back in 1979, they would see no future or potential
growth within the City of Wayne and that one needs to keep an open mind with
what is before the Commission.
Jerry Dorcey resides near the rezoning request. Mr. Dorcey opined that he is not opposed to
the NNPPD doing anything, but as a farmer he has posts laying back in the
grove, but they are not in the driveway right next to the road where others can
see them. Mr. Dorcey feels that the
City should consider the same. Do they
want people coming into town and seeing old posts? Mr. Dorcey questioned if there was land available for NNPPD in
the Industrial Park.
Mr. Connolly stated that two problems were encountered with
the Industrial Park. One is highway
access and the second the low grade of the land. It would be very expensive to put in enough fill to get the area
up out of a flooding situation for the poles and equipment.
Craig Tiedtke, resident of Wayne, spoke in regards to the
hearing. Mr. Tiedtke opined that it
would be a hard decision to make and that he is not opposed to NNPPD; however,
he opined this area is within close proximity to the schools and the activity
center and if NNPPD is allowed to build, does this mean that Wayne will not
grow west – residentially.
Gary Donner asked that the Commission consider the
apartments located to the east of the proposed NNPPD site.
Commissioner Braun opined that many people have expressed a
desire to turn the property into residential and in the past the Commission had
thought that would be the natural growth of the area; the property owner (Don
Endicott) has the option of selling or not selling the land. Commissioner Braun questioned how long does
one wait before something moves to residential in this area or does the
Commission risk the potential of losing a key investor in the community because
the city does not want to change.
Don Endicott, owner of the land, stated that Pac-N-Save ahs
been in Wayne since 1987 and virtually nothing has happened in this area since
then. Mr. Endicott and Inspector
Ellyson had discussed that some potential areas of growth are located in the
northwest. With over 100 available
building lots in town and at a rate of four or five homes built per year, it
will last quite some time. Mr. Endicott
opined that there has been talk of the area north of Pac-N-Save being developed
into housing; this would add countless more to the north. Mr. Endicott opined that he does not feel
NNPPD would make this area look blighted.
Commissioner Reeg questioned if Mr. Endicott has had any
residential developers approach him regarding the land. Mr. Endicott stated that he really has
not. He bought the land with the idea
of protecting the area from future growth that would take away from Pac-N-Save.
Chair Hausmann asked for any further comments, there being
none, the hearing was closed and the hearing regarding amendments to Chapter 90
was re-opened.
Chair Hausmann asked for any initial comments from Inspector
Ellyson. Inspector Ellyson stated that
the biggest changes are located in Section 90-710 Parking. Inspector Ellyson stated that the biggest
change between Draft 14 and Draft 13 was some amended language to Section
90-710(d) regarding parking on the property.
Chair Hausmann asked for any comments regarding the changes
and Draft 14.
Lee Brogie, 319 West 6th Street, was present
representing the Wayne Rental Association.
Ms. Brogie distributed to the Commission a copy of her presentation
regarding Draft 14 stating reasons why the Commission should reconsider
forwarding the Draft to the City Council.
The parking concern will be dealt through the Municipal Code and will be
a citywide issue and not just rental.
The Rental Association would like to continue discussions, including the
$50 registration fee and two-family dwellings.
Paul Campbell, resident of Wayne, spoke as a landlord. Mr. Campbell opined that he was concerned
with creating more bureaucracy in the City of Wayne. Mr. Campbell opined that he wanted to know how the rental
inspection would be conducted when the city is discussing adding 100 plus homes
in the Westwood, Fairway, Vintage Hill area and the complete renovation of Main
Street. All of these new homes and Main
Street are going to need inspections.
Mr. Campbell opined establishing a complaint driven basis for rental
properties this would cover the health and safety issues without creating all
the bureaucracy for 800 plus inspections.
Commissioner Reeg questioned what Mr. Campbell's concern was
if it was how Inspector Ellyson was going to handle the inspections. Mr. Campbell stated that he was concerned
with the cost of implementing this legislation. If the city is concerned with health and safety issues, then those
need to be addressed. The inspection
fee would just end up being a pass-through cost to the tenants.
Paul Lindner, resident of Wayne, spoke in regards to the
hearing. Mr. Lindner stated that he is
addressing the parking issue in front of the homes. Mr. Lindner stated that he drove around Wayne and found 139 homes
in Wayne that would be affected by the Draft because the area is not paved or
the residents are parking on grass or gravel.
If this many areas would need to be paved, with an average of $1,300 per
site including tax would be approximately $1,350 per property, on average, to
meet code. This would amount to
approximately $188,000 to pave the parking and most property owners cannot
afford this.
Commissioner Reeg questioned if these property owners would
be able to voice their concerns at a city council meeting? Inspector Ellyson stated that they would.
Commissioner Reeg opined that if the neighborhood is
enhanced, they may think differently.
There being no further comments, Chair Hausmann closed the
hearing regarding amendments to Chapter 90 Zoning.
Chair Hausmann asked for any further discussion on the preliminary plat for Westside Heights
Subdivision. Motion made by
Commissioner Braun and seconded by Commissioner Reeg to forward a recommendation
of approval to the City Council for Westside Heights Subdivision including Lots
1, 2, and 3, with the changes as outlined by Chris Connolly. Chair Hausmann stated the motion and second. All were in favor; motion carried
unanimously, with the exception of Don Endicott who abstained from voting due
to personal interest.
Chair Hausmann asked if there was any further discussion
regarding the request to rezone.
Commissioner Reeg thanked Mark Shults of NNPPD for the drawings and
photos provided – it was helpful in making a decision. Motion made by Commissioner Braun and
seconded by Commissioner Brenner to forward a recommendation of approval to the
City Council for the request to rezone Lot 1 of Westside Heights Subdivision
from R-4 Residential to B-1 Highway Business.
Chair Hausmann stated the motion and second. All were in favor; motion carried unanimously.
Chair Hausmann asked for further discussion on the Use by
Exception Request. There being none,
motion was made by Commissioner Miller and seconded by Commissioner Braun to
approve and forward a recommendation of approval to the City Council for the
use by exception request, with the condition that a tree boundary be placed
around the storage area. Inspector
Ellyson stated that in the zoning language, it states that when a B-1 abuts a
residential district a screening fence or something similar is required,
minimally, to the east along the apartments.
Beyond that, there is nothing required in the zoning language, unless
the Commission places a condition on the request.
Mr. Connolly stated for the record that NNPPD makes an
assurance that a fence will be around the property and that landscaping will be
done with trees.
Inspector Ellyson stated that as an option when the
architect has a design proposal that it be submitted to his office along with
the building plans.
Chair Hausmann stated the Commission could add to the
recommendation that a barrier be added to the west side of the property.
Commissioner Miller added to the motion that a meaningful
barrier/screening with trees be placed around the property, specifically the
west side. Chair Hausmann stated the
motion and second. All were in favor;
motion carried unanimously.
Chair Hausmann asked for any further discussion on the last
public hearing regarding the amendments to Chapter 90 Zoning.
Commissioner Miller questioned what happened between the
drafts and the last meeting.
Chair Hausmann stated that the committee thought there
needed to be more defined language between the categories. One main concern was what constitutes a
duplex and other. This is what
Inspector Ellyson and the city tried to define. Much of the language was thrown out and simplified. The reason there were no additional meetings
held was due to the holiday season and not able to get many people together to
hold a meeting.
Chair Hausmann stated that Inspector Ellyson has spent a
tremendous amount of time on the amendments and he further thanked the
individuals who served on the committee.
Any items that are still in the draft are still viable; however, the
Commission needs to remember that any number of the items can be changed by the
City Council. The Commission is only
going to forward a recommendation to the Council.
Commissioner Braun questioned the $50 inspection fee and
what would the Rental Association, feel is reasonable.
Ms. Brogie opined that the first inspection should be free
of charge and that if another inspection is required that a fee should be
paid. She stated that Sioux City
requires a $15 annual fee be paid.
Commissioner Braun opined that she read the draft to mean
that a one-time $50 inspection fee is paid and that if everything is checked
out okay, then no other inspection fee would be required, until the property is
sold again or someone filed a complaint.
Craig Tiedtke questioned what would be the time frame to get
the properties inspected – two, three, or four years.
Paul Lindner wanted to know how much time will there be
between passage of the draft and inspections.
Inspector Ellyson stated that he and the City Administrator
have discussed the inspection procedure process. They are working on developing some sort of system wherein the
units are identified and put into a random drawing and several addresses chosen
at one time. They also looked at taking
different voting wards within the community.
Inspector Ellyson was also looking into working with the college on
this. He and the City Administrator
have not yet worked out a definitive plan of implementation at this time.
Chair Hausmann stated that the Planning Commission will not
set the inspection fee, but rather let the fee be set by the City Council.
City Administrator Johnson stated that the Council threw out
an inspection fee of $50 and that it is more of a budget issue than anything
else. He did not see this inspection
process being completed in less than four or five years.
Inspector Ellyson stated that since he began working for the
city, nearly six years ago, his office has processed over 200 complaint-driven
issues regarding single family residences.
Administrator Johnson stated he does not foresee hiring any
new staff and does not foresee having them all done in the first year, but
rather phasing in over some period of time, such as parking or paving. The safety is being addressed as more people
realize the issues.
Commissioner Reeg opined that if the fee is an issue, then
let the City Council determine what it should be set at.
There being no further discussion, motion made by
Commissioner Reeg and seconded by Commissioner Miller to forward a
recommendation of approval regarding the amendments to Chapter 90 Zoning
(Section 90-10, 90-710, and 90-717), and letting the inspection fee be
determined by the City Council. Chair
Hausmann stated the motion and second.
All were in favor; motion carried unanimously.
Chair Hausmann stated that next agenda item was the
discussion of adult oriented businesses.
Inspector Ellyson stated that a municipality is required to
provide a place for legal uses within the zoning jurisdiction. If the uses are not specifically identified
as a permitted use, a use by exception, or in some other way, then the uses can
come into the community and they cannot just go any place, but they can go in
similar districts where the uses occur.
Being adult oriented businesses where the income is from printed
materials whether periodicals, magazines, or electronic media, then adult
oriented businesses could go in any of the commercial zones in the City of
Wayne because we currently have video rental stores in all of the commercial
zones in Wayne.
Inspector Ellyson noted that it is felt that in order to
place a legal business in an area that has the least secondary impact to the
community you identify a use zone where an adult business would be allowed as a
permitted use.
Inspector Ellyson noted that there are about five different
types of adult businesses that have been identified by society, two of which
are protected by the first amendment, those medias that are expressed in
written form or electronic form is protected.
The grey area as to what is or is not protected, are those retail
outlets then that provided what are titled novelty items. These outlets begin to fall out of the
category for what is protected by the first amendment. Then there are state statutes that come in
and affect those entities. The two uses
that the city is dealing with in the language are identified as adult video
shop and sex shop (deal in novelty items).
Most communities are placing the adult businesses in industrial/manufacturing;
those areas that tend to be highway fronted towards the exterior of the
municipality itself.
Inspector Ellyson stated that he looked at the I-1 zone and
the restrictions. These two types of
businesses would fit within the restrictions identified in the proposed
language in the I-1 zone. The
businesses would also be included in the B-1 zone as a use by exception with
seven restrictions for granting the exception in the B-1 zone. Basically the proposed ordinance would
provide a specific place for these two types of businesses that meet the intent
and design of the zoning language in so much as they are legal and so therefore
a place needs to be provided for them.
Inspector Ellyson asked the Commission if they had read the
proposed language provided in the packet and that he had also prepared a map
depicting the areas where the businesses would be allowed as a use by
exception. The map did not depict the
I-1 zones, but they are primarily on the eastern edge of town near the
Centennial Road area.
Inspector Ellyson noted for the Commission that during his
research, he was informed that the businesses needed to be placed within the
two mile zoning jurisdiction. This is
what most communities are finding.
Based on what is happening in other communities, the best way for the
city to protect itself, is to provide a place within the zoning for it.
Commissioner Braun asked who provided him with the studies
the Commission was given. Inspector
Ellyson stated that he received the information from Blair. Although some judges will accept secondary
affect studies from other communities, one cannot use a secondary affect study
from Houston and apply it to Wayne because the logistics are different.
Chair Hausmann questioned if Norfolk has drafted an
ordinance. Inspector Ellyson stated
that Norfolk does allow it provided that a certain percentage of the floor area
does not exceed that percentage. They
allow video rental only, no sex shops are allowed.
Chair Hausmann directed Inspector Ellyson to bring some draft
language regarding this agenda item before the Commission at their next
meeting.
The last agenda item was the discussion of revising some
zoning language. Inspector Ellyson
stated that while he was doing research on the previous agenda item, he found
some discrepancies with the zoning language regarding Section 90-358 and 90-428
pertaining to federal-aid primary.
Inspector Ellyson stated he contacted someone from the Department of
Roads office in Lincoln and asked them how they classify Highway 35 and Highway
15 through Wayne. For both highways,
NDOR classifies them as major arterial.
Streets such as Logan, Claycomb, and Grainland are considered collector
streets or federal-aid secondary.
Inspector Ellyson asked the Commission to allow him to bring language
before them regarding revising the zoning language to reflect the terms used by
the State. Chair Hausmann directed him
to bring this forward at the next meeting.
There being no further business, motion made by Commissioner
Braun and seconded by Commissioner Nelson to adjourn the meeting. Chair Hausmann stated the motion and
second. All were in favor; motion
carried unanimously.
