Planning Commission Meeting Minutes

Monday, February 7, 2005

 

Chair Jack Hausmann called the regular meeting of the Wayne Planning Commission to order at 7:35 p.m., on Monday, February 7, 2005 in the Council Chambers of the Municipal Building.  Roll call was taken with the following members present:  Bill Reeg, Sharon Braun, Darrell Miller, Marie Mohr, Chair Jack Hausmann, and Chief Inspector/Planner George Ellyson.  Absent:  Kyle Nelson, Randy Brenner, Vicki Pick, and Don Endicott.

 

Motion made by Commissioner Miller and seconded by Commissioner Braun to approve the minutes as presented for January 3, 2005.  Chair Hausmann stated the motion and second, all were in favor, motion carried unanimously.

 

Chair Hausmann stated the time was at hand for the public hearing regarding the final plat for Westside Heights Subdivision, applicant Don Endicott.  Inspector Ellyson noted that the final plat was received from Chris Connolly, attorney representing Northeast Nebraska Public Power, after the packets had been distributed to the Commission members, along with a letter from Chris Connolly requesting that no subdivision agreement be drafted due to the fact that there are no dedications to the City of Wayne taking place.

 

Duane Schroeder, representing Don Endicott, was present to answer any questions the Commission had regarding the final plat.

 

Mike Pieper, attorney representing Northeast Nebraska Public Power District, was present to answer any questions the Commission had on the final plat.  Mr. Pieper stated that some minor changes were made to the final plat, including the correction of a misspelled name and the inclusion of all three lots.

 

Commissioner Miller questioned if the letter from Chris Connolly was on behalf of the applicants.  Attorney Duane Schroeder stated that normally a subdivision agreement is required; however, in this instance it was suggested that since no public improvements would be constructed, there are limited easements, that the letter from Chris Connolly be filed at the county courthouse as part of the permanent record.

 

There being no further discussion, Chair Hausmann closed the public hearing.  Motion was made by Commissioner Braun and seconded by Commissioner Mohr to forward a recommendation of approval to the City Council for the final plat of Westside Heights Subdivision.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann stated that the next item on the agenda is the discussion of the adult oriented business language.  Chair Hausmann stated that in the Commission's packet was some information concerning the agenda item and that at the January meeting, a directive was given to Inspector Ellyson to bring forward some language for discussion.

 

Inspector Ellyson stated that in the packet was a cover letter from him regarding legal uses in zoning districts.  Inspector Ellyson stated that if something is considered a legal use, then a place must be provided for it within the zoning language.

 

Commissioner Braun questioned if this language was derived from other communities and whether or not the city attorney has had a chance to review the proposed language.

 

Inspector Ellyson stated that the city attorney has not yet reviewed the language.  Much of the language in the proposed amendments came from Blair and the language before the Commission only deals with where the legal use can go within the zoning districts.  Other communities, such as Blair, regulate these businesses more through municipal code rather than zoning.

 

Chair Hausmann opined that after reading the proposed language, that this type of business would be placed in an industrial zoning district.  Inspector Ellyson stated that this is typical with other communities and that they are generally placed on the exterior portion of town or along highways.

 

Commissioner Miller questioned if all these issues needed to be addressed.

 

Inspector Ellyson stated that he and City Administrator Lowell Johnson have had a great deal of discussion on this topic and that Ellyson compared the adult business language with that of the on and off sale liquor.  Evidently those particular municipalities saw a need to include as much as they could in their respective municipal codes.

 

Chair Hausmann asked for any further questions or comments.  Inspector Ellyson stated that the Commission needs to be very cautious about what conditions are placed on the use by exceptions.  These conditions cannot make it impossible for a legal use to be in a particular zoning district.

 

Inspector Ellyson questioned Mike Pieper, attorney, if he was interpreting this correctly.  Mr. Pieper stated that even if the business was considered a permitted use in a particular zone, that the Commission could place conditions on that use.

 

Inspector Ellyson stated this might be a reason why other municipalities place much of this in their municipal code – licensure, business application, etc.

 

Mr. Pieper opined that some communities do not feel these types of businesses should be allowed therefore they try to cover all the bases when establishing an ordinance of this nature.

 

Without expressly providing a place for a particular type of business, they can locate where a similar legal use is located.

 

Inspector Ellyson opined that the municipal code language should come from the police department, city attorneys and that the zoning language needs to come from the Commission.

 

Inspector Ellyson questioned the Commission if they had any conditions they wanted to place on the exceptions.

 

There being no further discussion, motion made by Commissioner Miller and seconded by Commissioner Reeg directing Inspector Ellyson to set a public hearing for the March meeting regarding the adult business language.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann stated the next agenda item was the discussion of proposed amendments to business zoning districts B-1, B-2, and B-3.  Chair Hausmann stated that included in the packet was a memo from Inspector Ellyson, with some proposed language.

 

Inspector Ellyson noted that his memo regarding this agenda item is similar with regards to stating that, if one is to provide a minimum or maximum size for a retail business, then you need to do the same for larger retail stores as well.  One cannot legislate against a legal use without legal complications.  Inspector Ellyson stated for the Commission that he intentionally left the conditions under the exception area blank, in order to have the Commission set the standards for this item they feel most appropriate.

 

Chair Hausmann stated that each member should establish a short list of what they feel should be included in the condition.

 

Commissioner Miller questioned if any other member was aware of another community that had established a similar zoning ordinance.

 

Chair Hausmann stated that the City of Papillion had established a similar ordinance.

 

Commissioner Mohr questioned if the could set conditions on the use, such as brick fronts, landscaping, etc, so that the building does not all look concrete.

 

Inspector Ellyson stated that the Commission could place those types of conditions on the use.

 

Chair Hausmann stated that an economic impact study could also be included.

 

Commissioner Braun opined that one could go onto the internet and find an equal number of articles favoring big box stores, as there are opposing big box stores.

 

Chair Hausmann closed discussion on the proposed amendments to the business zoning districts and stated that the Commission would discuss further at the next meeting.

 

Chair Hausmann stated the next agenda item was the discussion and recommendation of the Blight and Substandard Determination Study for area referenced to as the East Wayne Redevelopment Project Area.

 

Lowell Johnson, City Administrator, was present and stated that he had previously mailed a notice to the Commission, as required by state statute, regarding the city council public hearing.  Administrator Johnson handed out a copy of the public hearing notice to the Commission members, as required by state statute.  Administrator Johnson stated that the Commission is not required to hold a public hearing but they are required by state statute to review and make any comments to the Council on the study area.

 

Administrator Johnson explained to the Commission the area included in the blight and substandard study area.

 

Administrator Johnson explained why this particular area and how tax increment financing works for the Commission.

 

Administrator Johnson explained the blight and substandard and TIF process.

 

Commissioner Hausmann opined that the public needs to be better informed and educated regarding this type of funding process.

 

Discussion among the Commission members was that they (the Commission) need to decide if this is truly a benefit for the community.

 

Motion made by Commissioner Braun and seconded by Commissioner Miller to forward a recommendation of approval to the City Council for the Blight and Substandard Determination Study for the area referenced to as the East Wayne Redevelopment Project Area.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann stated the final agenda item is the discussion of the Nebraska Planning and Zoning Association Conference.  Inspector Ellyson discussed the Nebraska Planning and Zoning Association Conference to be held April 6 through 8 in Kearney, Nebraska.  Inspector Ellyson stated that any Commission member who wanted to attend, any or all of the conference, should contact him so that reservations could be made.

 

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