Planning Commission Meeting Minutes
Monday, January 8, 2007
Chair
Sharon Braun called the meeting of the Wayne Planning Commission to order at
7:00 p.m., Monday, January 8, 2007, in the Council Chambers of the Municipal
Building. Roll call was taken with the
following members present: Kelby
Herman, Stephanie Hansen, Pat Melena, Derek Hill, Bill Kranz, Chair Sharon
Braun, and Chief Inspector/Planner George Ellyson. Absent: Mark Ahmann,
Darrell Miller, and Vicki Pick.
Chair
Braun stated the next item on the agenda is the election of officers, including
Chair, Vice-Chair, and Secretary.
Motion was made by Commissioner Melena and seconded by Commissioner
Hansen nominating Sharon Braun as Chair. Roll call was taken with the
following: Commissioner Kranz - aye;
Commissioner Hill - aye; Commissioner Melena - aye; Commissioner Hansen - aye;
and Commissioner Herman - aye. Sharon
Braun was elected as Chair of the Planning Commission.
Inspector
Ellyson stated that Commissioner Pick is the current Vice-Chair and has stated
that once her term has expired Commissioner Pick no longer wishes to serve on
the Planning Commission. Chair Braun
stated that Commissioner Pick's term expires in June of 2007, as well as
Darrell Miller who only agreed to serve one more term, which also expires in
June of 2007.
Chair
Braun stated that in the event of her absence the Vice-Chair would conduct the
meeting. Motion made by Commissioner
Kranz and seconded by Commissioner Melena to nominate Kelby Herman as
Vice-Chair. Roll call was taken with
the following: Commissioner Hansen -
aye; Chair Braun - aye; Commissioner Melena - aye; Commissioner Hill - aye; and
Commissioner Kranz - aye. Chair Braun
stated the motion carried unanimously and Kelby Herman was elected Vice-Chair
of the Planning Commission.
Chair
Braun stated the next election of officer was for Secretary. Motion was made by Commissioner Herman and
seconded by Commissioner Hill to nominate Pat Melena as Secretary. Chair Braun stated the motion and second. All were in favor; motion carried
unanimously. Pat Melena was elected
Secretary of the Planning Commission.
Motion
was made by Commissioner Herman and seconded by Commissioner Herman to approve
the minutes of the December 18, 2006 special meeting as presented. Chair Braun stated the motion and
second. All were in favor; motion
carried, and the minutes were approved as presented.
Chair
Braun stated the time was at hand for the first public hearing regarding the
Western Ridge First Addition Final Plat, developers being Victoria Pick, Mark
& Lona Meyer, and Steven & Cynthia Meyer. Chair Braun opened the hearing for public comments. There being no comments from the public,
Chair Braun closed the hearing and opened discussion among the Commission.
Planning
Commission Meeting Minutes
Monday,
January 8, 2007
Page
Two
Inspector
Ellyson stated the final plat is pretty much the same as the preliminary plat,
with the exception of the identification of the water line easement that goes
to the building site. The water line attaches
to a main along the west side of Greenwood Cemetery. Inspector Ellyson stated that the easement was given in
concession for the water main easement along the west side of the cemetery
years ago in 1968 or 1969; however, there is no documentation as to where the
water line runs. This easement line is a best guess lined up with the well pit
by the house. Once development occurs
in this 21 acre area, the easement will go away and the water will be
reattached to the water main along Highway 35.
Chair
Braun noted that there are no signature lines to provide for the county to sign
the final plat as this parcel is not in the city limits, only in the zoning
jurisdiction.
Inspector
Ellyson stated that the final plat had been brought before the county at their
regular meeting and the issue of no signature line for the county was
discussed. Consistent with recent plats
wherein the county is involved, they can sign off on the final plat. Inspector Ellyson stated the school district
gets a copy of the plat, but they are not required to sign the plat.
Commissioner
Kranz questioned if there was to be an easement along the east side for the
trail. Inspector Ellyson stated that
was purchased. Included in the
Commission's packet, the developers conveyed to the City, 15 feet along the
western boundary of the cemetery as the dedication or park fee for this
particular subdivision. Commissioner
Kranz questioned if that would be noted in this plat. Inspector Ellyson stated
that would be platted in the 21 acre parcel located to the east of this parcel.
Chair
Braun suggested that the county consent to the plat, even though there is no
dedication.
Inspector
Ellyson suggested creating a signature line for the county on the plat.
Inspector
Ellyson suggested that if the Commission forwards a recommendation of approval to
the City Council, with that condition, then the final plat would not need to
come back before the Commission at their February meeting.
Motion
was made by Commissioner Melena and seconded by Commissioner Hansen to forward
a recommendation of approval to the City Council, with the condition of a
signature line being added for the County, for the Western Ridge First Addition
Final Plat. Chair Braun stated the
motion and second. All were in favor;
motion carried unanimously.
Planning
Commission Meeting Minutes
Monday,
January 8, 2007
Page
Three
Chair
Braun stated the next item on the agenda is the public hearing regarding a
rezoning request from R-2 Residential to A-2 Agricultural Residential, applicants
being Matthew Kavan and Frank Mrsny.
Chair
Braun opened the public hearing for comments from the public.
John
Witkowski, 57491 Grainland Road, was present to address the Commission
regarding the rezoning request. Mr.
Witkowski did not know what the letter meant that he received regarding the
request.
Inspector
Ellyson stated he was notified as he resides within 300 feet of the request
area. Inspector Ellyson detailed the
area of the rezoning request.
Mr.
Witkowski questioned what can be done under the A-2 zoning that cannot be done
under the R-2 zoning. Inspector Ellyson
stated that since this area is exterior of the corporate limits, it will allow
the property owners to have animals.
The one property owner wishes to run a couple horses on the pasture
area.
Mr.
Witkowski does not have an issue with that; however, he would like to address
the Mrsny land at another time.
Inspector
Ellyson stated that the previous owner was there as a legal non-conforming use
and since the use was non-existent for 12 consecutive months, the current
property owner needed to come before the Commission to allow for animals.
Mr.
Witkowski opined that if it is a horse issue, he is not in opposition; however,
if it would allow Mr. Mrsny more flexibility then he is in opposition.
Inspector
Ellyson stated that area is included because a zoning district cannot be jumped
over; it must be contiguous with an area of similar use. With the A-2 zone across
the road to the west of Pheasant Run would had to of included Mrsny's in order
to get the A-2 designation for this area.
Even at that, Mr. Mrsny is there as a legal non-conforming use, whether
it be an A-2 or R-2 designation.
Mr.
Witkowski stated that he was okay with the rezoning if the intent of the
rezoning is just for a horse, he is fine with that. Inspector Ellyson stated that is what the applicant indicated to him
was that he wanted to run a couple horses on his land.
Commissioner
Hill questioned if the pasture land was owned by Mr. Kavan. Inspector Ellyson stated that was correct.
Commissioner
Herman questioned how the land to the south of Grainland Road was zoned. Inspector Ellyson stated it was zoned either
R-1 or R-2.
Planning
Commission Meeting Minutes
Monday,
January 8, 2007
Page
Four
Commissioner
Herman questioned how far it goes.
Inspector Ellyson stated it goes to the floodplain zone. Commissioner Herman opined that he does not
see a reason to change it if the area to the south is zoned R-2; the area to
the north would eventually be residential lots. The new residential development south of Grainland Road is in the
corporate limits, to the east line of the fairgrounds is corporate limits, and
beyond that west is county.
Commissioner
Kranz questioned if there was some sort of agreement to get Grainland Road, to
do something long term. Inspector
Ellyson stated that Lage's own the farm ground on the south side of Grainland.
When they organized the subdivision on the south side of Grainland, their
intent was futureristictly at some point in time, to extend that subdivision on
west to the gravel. Obviously things
would need to occur, sewer lines would need to be extended, even water would
need to be extended before a subdivision could be created.
Commissioner
Kranz questioned if there was some state support on this road. Inspector Ellyson stated Grainland Road was
STP funded, but the county applied for their share of STP funds based on their
criteria and the city did some of it as well - that what was in the city limits
was STP funded. Inspector Ellyson stated
that the city's part of the STP funds stops at the east line of the fairgrounds
and the county's goes from there on west as their STP funds.
Commissioner
Herman opined that the city is trying to develop lots for residential and this
whole street along here is perfect for that; there is a street already there,
you would need to put water and sewer there, but why would you want to rezone
that area, wouldn't that be taking a step backwards.
Inspector
Ellyson opined that one could look at it two ways. First, you could look at it
as going backwards, in so much as now you are going back to a more rural
environment. And secondly, it is
consistent with the land and the way the land has been and is being used.
In
the event an owner would decide to develop this area, right now A-2 would allow
for farmsteads to be built. The pasture area is 300 feet north / south and it
is 650 feet east / west. Probably not
as deep as a developer would like, that one could put three rows of housing on,
but rather if two rows of housing, the developer would have what is known as a
pass-through lot. In other words, the
lots would have dual-frontages, if the area was divided north / south. If you created some other context of
cul-de-sacs or anything like that, then obviously, the developer could come to
the Planning Commission and ask for a rezoning back to an R-2 designation.
This
request basically further identifies consistent with the comprehensive plan
that those areas that are currently ag and ag-uses maybe they should have never
been zoned as a residential because of the restrictions it places on them;
Planning
Commission Meeting Minutes
Monday,
January 8,2007
Page
Five
they
would have been more appropriate had they been left A-2 and let the need or
desire develop. It is still urban in
design and character, but yet we still provide the owner the opportunity to
utilize their land as they see fit at the present time, but the owner also has
the opportunity to expand it to some other use.
Commissioner
Herman questioned if whoever owns the land could they have ten or fifteen head
of cattle on the land. Inspector
Ellyson stated they cannot. The zoning restricts the number of animals allowed
- one or two animal units per acre are all they are allowed - the A-2 restricts
the number and type of animals allowed.
The A-2 zone does not allow for feedlots.
Commissioner
Hansen questioned if Dr. Wiseman is zoned A-2?
Inspector Ellyson stated that he is zoned either R-1 or R-2, but he is
there as a legal non-conforming use.
Commissioner
Hansen questioned why the property owners are coming to the Planning Commission
because they want horses. Inspector
Ellyson stated the owners are coming before them because they want to rezone
the area to A-2.
Chair
Braun opined that Mr. Kavan wants the area rezoned and that Mr. Mrsny does not
really care.
Inspector
Ellyson stated that Mr. Mrsny does not care if the area is rezoned or not; Mr.
Kavan is the one truly seeking the rezoning request. However, Mr. Mrsny needed
to be included in the request because you cannot skip over zoning districts;
they must be contiguous.
Commissioner
Kranz questioned how Mr. Mrsny's property would fit in either one of the
categories. Inspector Ellyson stated
that he would not; a junk yard is not a permitted use in an A-2 or an R-2.
Commissioner
Herman noted that Mr. Mrsny's property is considered a legal non-conforming use
and it is being moved from one zoning district to another. Inspector Ellyson stated that was correct. Mr. Mrsny's property has been a legal
non-conforming use since pre-zoning.
Inspector
Ellyson noted for the Commission, the applicant (Mr. Kavan) was not able to
attend the meeting, not because he did not want to, but because his work
schedule at the last minute did not allow him to attend. The applicant asked Inspector Ellyson if it
looked like there was going to be discussion or because he was not able to be
there or if the Commission needed more questions answered or if it was not
going to be passed, that it be tabled until February.
Commissioner
Hansen opined that she would like to hear more from the applicant.
Planning
Commission Meeting Minutes
Monday,
January 8, 2007
Page
Six
Commissioner
Hill questioned if the applicant sold the land, could the new owner put up
additional buildings that they could not in an R-2.
Inspector
Ellyson stated that the new owner would need to divide the land. The division
of the land would then not meet the minimum lot sizes for the A-2 zoning
district which mandates a minimum of 2.5 acres per lot. Because of this, the new owner would need to
create a subdivision or a division of land that met the minimum lot sizes and
with only 4 acres, only one lot could be created that would meet the minimum
lot size.
Commissioner
Hill questioned if the new owner could come in and build an eight stall
barn. Inspector Ellyson stated that the
new owner could do this because it would be considered accessory. Commissioner Hill opined that his concern
was that if Lage's are going to try and develop the area to the west
residential and if this across the street is A-2, rather than keep it an R-2,
it would not fit with the R-2 zone.
Commissioner
Herman opined that was his point earlier, you would be hindering the future
development of the area by rezoning it to an A-2 zone.
Inspector
Ellyson reminded the Commission that the number of animal units allowed in an
A-2 is limited by current zoning language.
Chair
Braun also reminded the Commission that the subdivision created by Lage's is in
an R-2 and south of those lots is farmland.
So anyone building a house on Grainland Road should expect that behind
is farmland. Inspector Ellyson stated
that that area is also in the floodplain and that it would take a great deal of
work to develop this area below the floodplain into housing. The probably of
there being any residential development to the south is unlikely and the
chances of the floodplain changing is unlikely. So consequently whatever Lage's
develop will be along Grainland Road and the south side will be farmland.
Commissioner
Hill questioned if the Lage's would continue to go west, what is that area
zoned as. Inspector Ellyson stated it
is zoned A-1 and to the northwest of the intersection it is zoned A-2.
Commissioner
Kranz opined that he was concerned with the list of potential animals that
could be placed on the property and the impact it could have on the property to
the south.
Chair
Braun noted that when Munter's owned the land, they had horses on the property,
but since Kavan's did not continue that legal non-conforming use, the use no
longer could be continued. However, now
Kavan's are wishing to sell the land and have people interested in purchasing
the land and using it as Munter's had in the past.
Planning
Commission Meeting Minutes
Monday,
January 8, 2007
Page
Seven
Commissioner
Hansen opined that is one reason why she would like to have the applicant
present, is to answer those types of questions.
Commissioner
Melena opined that when the houses on the south side of Grainland Road were
built, there were horses in that pasture; when Ken Kwapnioski bought his house
on the north side of Grainland Road, there were horses in that pasture; he
personally does not have any issues with changing the zoning to A-2 in allowing
them to put horses back in the pasture.
If the present owner had put horses in that pasture, even for one week,
in the past year, the Commission would not even be having this discussion as he
would still be considered legal non-conforming.
Commissioner
Hill opined that he does not have an issue with a couple horses, but if it is
zoned to something else and the next buyer has a higher limit where they could
put something besides horses in there, are they going to run into problems in
the future. If they would put cattle in
there and they would get out and go across the road to where the newer homes
are built, there will be issues there as well.
Chair
Braun noted that horses could get out as well.
She questioned if Commissioner Hill had a preference of horses to cattle
or a dog to a cat. Commissioner Hill
did not have a problem of them putting whatever out there; he just did not want
to open the door for something down the road the Commission may have an issue
with and this may be looking too far in the future.
Inspector
Ellyson noted for the Commission that maybe they want to look at the livestock
allowances in an A-2 zone, so that something like that may not happen; perhaps
reduce the number of animal units per acre in the A-2 zone.
Motion
was made by Chair Braun and seconded by Commissioner Melena to forward a
recommendation to the City Council approving the rezoning request from R-2 to
A-2. Roll call was taken with the
following: Commissioner Herman - nay; Commissioner
Hansen - aye; Commissioner Melena - aye; Commissioner Hill - nay to allow for
more information from the applicant; Commissioner Kranz - nay; Chair Braun -
aye. Chair Braun stated the motion
failed due to lack of quorum.
The
next item on the agenda was the discussion of the Planning Commission workshop
to be held on either March 17 or March 24.
Inspector
Ellyson stated that Commissioner Miller left a message stating that either date
would work for him. Chair Braun opined
she would prefer the 24th.
Consensus of the Commission was to hold the workshop on the 24th
of March, beginning at 8:30 a.m. till 12:00 p.m. or until done prior to noon,
taking place at the fire hall meeting room.
Planning
Commission Meeting Minutes
Monday,
January 8, 2007
Page
Eight
Commissioner
Hill questioned if an invitation would be extended to the Mayor and
Council. Inspector Ellyson stated that
an invitation would be extended.
Chair
Braun stated the next agenda item was the discussion of the NPZA conference
being held February 21 through the 23rd.
Inspector
Ellyson noted for the Commission that included in their packet was the
conference agenda and material and that anyone interested in attending the
conference, turn the information back into him by Tuesday the 16th
of January. Inspector Ellyson noted for the Commission, that the city would
cover costs of meals, motel, registration, and mileage.
Commissioner
Hansen asked if Wednesday would be the best day to attend, if they could
attend. Inspector Ellyson opined that
it just depends on what you are interested in.
Chair
Braun opined that she has heard Dave Ptak speak a number of different times and
that he is a very interesting speaker.
Inspector
Ellyson noted that another good topic is ethics, conflicts of interest, public
hearings, is another good topic. On
Thursday, a good topic is how the comprehensive plan relates to zoning. Friday
is mainly just a morning session.
Inspector Ellyson noted that if you pick a session and you do not like
it, get up and go to another session. Those putting on the session do not care
if you do this or not.
Chair
Braun stated that the final item on the agenda is the discussion of current
zoning map discrepancies.
Inspector
Ellyson noted for the Commission that he had installed his new AutoCADD program
and due to problems with the program he was unable to print zoning maps for the
Commission with regards to the final agenda item.
Chair
Braun stated that this agenda item, the discussion of current zoning map
discrepancies, be tabled until the February 5 meeting.
There
being no further discussion, motion was made by Commissioner Hansen and
seconded by Commissioner Hill to adjourn the meeting. Chair Braun stated the motion and second. All were in favor, motion carried
unanimously, meeting was adjourned.
