Planning Commission Meeting Minutes

Monday, March 7, 2005

 

Chair Jack Hausmann called the regular meeting of the Wayne Planning Commission to order at 7:30 p.m. on Monday, March 7, 2005 in the Council Chambers of the Wayne Municipal Building.  Roll call was taken with the following members present:  Marie Mohr, Kyle Nelson, Randy Brenner, Don Endicott, Chair Jack Hausmann, and Chief Inspector/Planner George Ellyson.  Absent:  Vicki Pick, Darrell Miller, and Sharon Braun.

 

Motion made by Commissioner Mohr and seconded by Commissioner Brenner to approve the minutes as presented for February 7, 2005.  Chair Hausmann stated the motion and second, all were in favor, motion carried unanimously.

 

Inspector Ellyson stated that the Nebraska Planning and Zoning Association conference will be held in April in Kearney.

 

Chair Hausmann moved onto the agenda item concerning the discussion of the Wayne Zoning Map.  Inspector Ellyson stated that annually he presents the Commission with an updated map.  This is more of a house-cleaning issue.  Prior to the GIS/GPS system, whenever maps needed to be updated, they would need to be sent to a firm outside of Wayne for printing.  Inspector Ellyson stated that he would need to budget at least $1,400 for professional services to help cover these types of printing costs.  Now these services can be done in-house saving time and funds.

 

Chair Hausmann stated the time was at hand for the 7:35 p.m. public hearing regarding the Final Plat for Homestead Addition.  The applicant is Homestead Homes.  Inspector Ellyson stated that there are no changes from the submission of the Preliminary Plat.  Chair Hausmann asked for any comments from the Commission.

 

Chair Hausmann stated that the Commission had requested a copy of the covenants for this subdivision.  They were placed in the Commission's packet.

 

Inspector Ellyson stated for the record, that the City of Wayne does not enforce covenants.  They are enforced by the developer.

 

Chair Hausmann closed the public hearing regarding the Final Plat for Homestead Addition.  There being no further discussion, motion was made by Commissioner Endicott and seconded by Commissioner Mohr to approve and forward a recommendation to the City Council for the Final Plat of Homestead Addition.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann moved onto the agenda item regarding the Blight and Substandard Determination Study for the Area Referenced to as the East Wayne Redevelopment Project Area.  Chair Hausmann stated that at the last meeting the Commission asked Inspector Ellyson to clean-up the area.  A map of the revised area was included in the Commission's packet.

 

Inspector Ellyson stated that the drawing included in the packet is close to the same one with the exception of including a little more area to the north side of Highway #35.  The attorney who is advising the City of Wayne with regards to the Blight and Substandard process, advised that rather than going down the centerline of right-of-ways, to move to the opposing right-of-way widths; then, if there were any infrastructure or street repairs, etc., then that portion of the street included in the Blighted and Substandard area would be eligible for the funds available.  The area was expanded to include all of the right-of-ways that provide a border and then expanded the area including the Sportsman motel and the land east of the Sportsman.

 

Lowell Johnson, City Administrator, was present to discuss the Blight and Substandard Study with the Commission.  Administrator Johnson stated that there was an error with the legal description that was published in the paper for the hearing by the City Council.  Administrator Johnson stated that the hearing notice is being republished in the March 10 edition of the paper.  The City Council will hold the hearing at their next meeting on March 29.  Administrator Johnson stated that he has not yet received any information from the developers as far as a proposal.

 

Chair Hausmann asked for any further discussion on the agenda item.  Commissioner Endicott questioned if it was based on so much area.  Chair Hausmann stated that it cannot be greater that 35 percent of the total community.  Commissioner Endicott wanted to know what percentage this area was.  Inspector Ellyson stated that the area will be a little over 90 acres.  The total city limits is over 1,300 acres.  Chair Hausmann stated that he would close discussion on this agenda item and move onto the next public hearing.

 

Chair Hausmann stated that the time was at hand for the 7:45 p.m. public hearing regarding amending the Wayne Municipal Code, specifically 90-10 Definitions.

 

Inspector Ellyson stated that this agenda item is to provide a place in the zoning for what is identified as legal businesses.  This amendment would provide a place for adult entertainment business, primarily focused around media and novelties.

 

Chair Hausmann questioned if Captain Video and the Movie Theater were already providing these types of movies.  Inspector Ellyson noted that he thought only one of the outlets has a real small area of the store that is not open to the public and then there is a second convenience type store that offers three or four magazines for sale.  The proposed language would not affect either of the two entities because the area they have devoted to these specific types of movies does not qualify.

 

Chair Hausmann stated as a review, if there is nothing placed in the Municipal Code, for such a facility, they can come to the Planning Commission as well as the City Council and ask them for an exception.  And by placing this type of business in a particular area, then this means that is the only place they can go.

 

Chair Hausmann closed the public hearing.  There being no further business, motion was made by Commissioner Endicott and seconded by Commissioner Nelson to approve and forward a recommendation of approval to the City Council regarding amending the Wayne Municipal Code Section 90-10 Definitions.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann stated there was still time before the 7:55 p.m. public hearing regarding the amending of the Wayne Municipal Code, B-1 District, Sections 90-352, 90-354, and 90-355.

 

Inspector Ellyson stated that this section amending the code provides use by exception language that allows by exception these video rentals only in the B-1 zoning.  Adult media outlets could only sell books, periodicals, magazines, adult videos, but shall not include a sex shop.  The language provides an exception clause to the B-1 zoning district that allows for adult video rental establishments, the exception would need to come before both the Planning Commission and the City Council as a public hearing.

 

Chair Hausmann stated that there was still time before the second public hearing.  Chair Hausmann then re-opened discussion regarding the Blight and Substandard Study.  Commissioner Endicott questioned if before someone can come in and the TIF funds be distributed, the developer would need to come before the Planning Commission and the City Council.  Chair Hausmann stated that was correct.  Chair Hausmann stated that the Commission can only make a recommendation to the Council.  Inspector Ellyson questioned Administrator Johnson asking for the approval of a particular applicant for TIF financing, it must come before the Planning Commission.  Administrator Johnson stated that it does not need to be a public hearing, but the Commission does need to review it and make a recommendation to the Council.  Commissioner Endicott wanted to verify that the Council can either approve or deny the request.  Inspector Ellyson stated that was correct.

 

There being no further discussion, motion was made by Commissioner Endicott and seconded by Commissioner Mohr to approve Resolution No. 2005-1 and forward the same onto the City Council regarding the Blight and Substandard Determination Study for Area Referenced as the East Wayne Redevelopment Area.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann stated the time was now at hand for the 7:55 p.m. public hearing regarding the amending of the Wayne Municipal Code, B-1 District, Section 90-352, 90-354, and 90-355.

 

Inspector Ellyson restated his comments made prior regarding the public hearing.

 

Chair Hausmann closed the public hearing.  There being no further discussion, motion was made by Commissioner Mohr and seconded by Commissioner Brenner to approve and forward a recommendation of approval amending the Wayne Municipal Code, B-1 District, specifically Section 90-352, 90-354, and 90-355.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann stated that there was time until the next public hearing; therefore, Chair Hausmann moved onto the agenda item regarding the Final la for Beckenhauer Estates, developers Ronald and Joan Lage and Mert and Sally Oden.

 

Chair Hausmann stated that in the Commission's packet was a copy of the final plat.  Inspector Ellyson stated that there was no dedication of right-of-way; it was a fairly simple plat.  Chair Hausmann questioned if there was to be land dedicated for a park or were the developers paying a park fee.  Inspector Ellyson stated that the developers opted to pay the park fee and also that the land has been annexed to the city.

 

There being no further discussion, motion was made by Commissioner Endicott and seconded by Commissioner Mohr to approve and forward a recommendation of approval to the City Council for the Final Plat for Beckenhauer Estates.  Chair Hausmann stated the motion and second. All were in favor; motion carried unanimously.

 

Chair Hausmann moved onto the discussion item regarding the potential amendments to the Wayne Municipal Code Zoning Districts B-1, B-2, and B-3.  Chair Hausmann asked the Commission who had drafted any potential items of interest concerning large retail stores.

 

Commissioner Endicott opined that he had a book regarding large retail outlet stores.  Recently he had a conversation with a business owner in Aberdeen, South Dakota who told him that they had hired lawyers regarding recent events with large retail outlet stores.  The city had passed an ordinance regarding large retail outlet stores and when one particular company came to the Council, the Aberdeen Council made every effort to help this company come in and build.  Commissioner Endicott opined that he felt the community of Wayne would be similar to Aberdeen in allowing a larger retail company to come and build here.  Commissioner Endicott further opined that he has put a lot of time and effort into this and the one thing he felt was that there would not be enough financial support to hire a lawyer from the area businesses.

 

Chair Hausmann stated the time was at hand for the 8:05 p.m. public hearing regarding the amending of the Wayne Municipal Code for the I-1 district, specifically sections 90-482, 90-484, and 90-485.

 

Inspector Ellyson stated that amending this section of the code is an attempt to provide a place where adult video and sex shops would be a permitted use and this is in the I-1 Industrial section only, not the I-2.  As Chair Hausmann stated earlier, if you do not provide a place for a legal use then that legal use can be located anywhere in the municipality where a similar use exists.  By providing a place for that particular content only, then one is not discriminating against that content only, but it is being identified somewhere as a legal use.  The only distinction between sex shop and adult video is the fact that a sex shot provides novelty items, clothing, etc.

 

Commissioner Brenner questioned if there was an age limit.  Inspector Ellyson stated that along with the zoning amendments there is also language that will be presented to Council regarding regulating this type of business.  Each of these types of entities, the owner of the entity, licensing, fees, etc., will be provided within the municipal code.  Inspector Ellyson stated that there is much more to this that is on-going, but the changes will be within the municipal code.  The municipal code will be the regulatory agent of this and will be enforced by the police department rather than through zoning.

 

Chair Hausmann questioned if anyone wanted to speak on behalf of the public hearing.  There being no further comments, Chair Hausmann closed the public hearing.  Motion was made by Commissioner Mohr and seconded by Commissioner Endicott to forward a recommendation of approval to the City Council amending the Wayne Municipal Code I-1 Zoning District, specifically sections 90-482, 90-484, and 90-485. Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously.

 

Chair Hausmann then re-opened discussion regarding potential amendments to the Wayne Municipal Code concerning large retail outlet stores.

 

Chair Hausmann opined that he would feel more comfortable having more Planning Commission members in attendance to discuss this particular agenda item.

 

Commissioner Mohr opined can the Commission legally state what the business can have, such as brick fronts or can the business come back and say that the building one block over is constructed of tin.  Will this stand up in court?

 

Commissioner Endicott stated that it would.  The community of Seward had gone through this same thing.  It takes more than one person, it takes a community that wants to stick together and Commissioner Endicott opined that he gets a crumbling feeling from some of the Council members.  Commissioner Endicott opined that an impact study should be done and that it should be done by an independent firm.  The impact study should tell you how many, if any, jobs that would be lost; what it will do to the tax base; generally on the tax base, it may rise, but then fall after a few years.

 

Commissioner Brenner opined that charitable contributions tend to decline as well when a large retail outlet store comes in.

 

Commissioner Mohr questioned if these large retail outlet stores have a tendency to locate outside the city limits where there is no city water or sewer or electricity.

 

Commissioner Endicott opined that they play one town against another – if we cannot locate here we will go elsewhere.  Commissioner Endicott further opined that he read where one particular retailer is concentrating on smaller stores rather than the larger ones.

 

Inspector Ellyson stated that he had written one stipulation being an independent economic impact study would need to be conducted, including implications to jobs and tax base.  What would constitute independent?  Does the Planning Commission need to approve the independent firm that is going to conduct the study?

 

Commissioner Endicott opined that the city should be the entity to choose that firm.  Why would you want the large retailer picking the firm?  Inspector Ellyson stated that this needs to be some of the language included in the code.  Inspector Ellyson further noted that there were some other points that had been discussed that needed to be included.  They were:  firm to be approved by the City Council; large retailer to pay for economic impact study.

 

Commissioner Brenner opined that he would like to see the impact study be the first part completed so that the impact study has to be required before the retailer came and then work no a secondary phase where if the impact study was favorable, then the retailer would need to meet a certain set of criteria, such as brick and mortar.  If the impact study is not favorable, then more than likely the retailer would not be approved.

 

Inspector Ellyson noted that if the economic impact study was condition number one, then associated with condition one would be condition number two.  Maybe once approved by Council, then some of the other type conditions would be a part of the conditional approval (brick facing, etc.).

 

Commissioner Endicott read some items related to community impacts.  1) Describe the impact on surrounding neighborhoods; 2) describe the scale of the project in relationship to scenic views; 3) valuate the relationship of design to the surrounding areas and prevailing architectural style; 4) identify the impact on historic properties; 5) estimate the number and types of jobs created and any impact on existing employers; 6) estimate the spin-off of development impact; 7) changing land use patterns; 8) development pressure on surrounding neighbors; 9) impact on the downtown business district; 10) identify potential impacts on neighboring communities.

 

Inspector Ellyson asked Commissioner Endicott to write those items as a part of the impact study and submit them at the next Planning Commission meeting.

 

Chair Hausmann closed the discussion on the potential amendments to the Wayne Municipal Code Zoning District for B-1, B-2, and B-3 and tabled the discussion until the next regular meeting.

 

There being no further discussion, motion was made by Commissioner Nelson and seconded by Commissioner Brenner to adjourn the meeting.  Chair Hausmann stated the motion and second.  All were in favor; motion carried unanimously; meeting was adjourned.