Planning Commission Meeting Minutes
Monday, July 12, 2004
Chair Jack Hausmann called the regular meeting of the Wayne
Planning Commission to order at 7:30 p.m., on Monday, July 12, 2004, in the
Council Chambers of the Municipal Buildings.
Roll call was taken with the following members present: Kyle Nelson, Randy Brenner, Vicki Pick,
Sharon Braun, Marie Mohr, Darrell Miller, Bill Reeg, Chair Jack Hausmann, and
Chief Inspector/Planner George Ellyson.
Absent: Don Endicott.
Motion made by Commissioner Braun and seconded by
Commissioner Pick to approve the minutes of Monday, June 14, 2004, as
presented. Chair Hausmann stated the
motion and second. All were in favor;
motion carried.
Inspector Ellyson stated that at the time the packet was
prepared, the preliminary plat for Beckenhauer Estates may need to be tabled
until the August 2nd meeting, pending submission of all required
documents. Ellyson stated that the
required documents had been submitted prior to the meeting. Ellyson further stated that the department
heads had reviewed the documents and were okay with the plat.
Chair Hausman stated the time was at hand for the public
hearing regarding the preliminary plat for Beckenhauer Estates, developers are
Joan Lage and Sally Oden. Inspector
Ellyson stated that the preliminary plat included with the packet had been
slightly revised since it was printed.
Lot 2 has been changed to Outlot A, with dedication to the City of
Wayne. This Lot 2 lines up with Maple
Street which is located directly across the road to the south. It is 60 feet wide and there is currently a
storm sewer which drains Maple Street and Grainland Road and extends slightly
to the west of the center of Lot 2.
The developers have left Lot 2 for two reasons. One, it would provide access for any future
development that could take place to the south. The new floodplain may in fact allow for single frontage to the
south, but the current floodplain will now allow for double-wide street
development in this area. The
floodplain comes that far north. The
developers could place back to back lots in this area with only single street
frontage. Inspector Ellyson asked the
Planning Commission to consider that if they dedicate that particular log (Lot
2) to the City; do they in fact incur the responsibility of that drainage/water
shed system that comes through Lot 2?
Chair Hausmann questioned if there had been any comments
from city staff regarding this issue.
Inspector Ellyson stated that there were no comments from city staff,
other than those included with their packet.
If the City accepts Lot 2 as a dedicated lot, what are the city's
responsibilities?
Commissioner Braun questioned if the Outlot would be
dedicated as a lot or as a street, because there is a difference. Inspector Ellyson stated that on the revised
preliminary plat, Lot 2 is identified as Outlot A. Ellyson stated that in the dedication statement, it is dedicated
to the City. Commissioner Braun opined
that the purpose of the developers dedicating Lot 2 is because Maple Street would
run contiguous if it was ever decided to open up Lot 2.
Chair Hausmann questioned if there were any comments from
the public regarding the preliminary plat.
There being none, Chair Hausmann closed the public hearing and opened up
the discussion among the Commission.
Commissioner Braun stated that the property is in the zoning
jurisdiction of the City of Wayne, but in the plat the surveyor keeps referring
to it as Beckenhauer Estates to the City of Wayne. It should be corrected to read as a subdivision to Wayne County.
Inspector Ellyson stated that the corporate limits of this
area extended along the north property line of the frontages of the proposed
lots. They are on the east side of Lot
1 up to the right-of-way then west to the easterly boundary of the fairgrounds,
where the corporate limits turn north.
The proposed lots are not in the corporate limits of Wayne, but they are
eligible for annexation.
Inspector Ellyson opined that given that infrastructure and
city services – water, sanitary sewer, etc. that Council would and intends to
annex this area – as it is eligible for annexation. Council would decide whether or not to annex the area, but it
must be contiguous to be eligible for annexation.
Chair Hausmann questioned tabling the preliminary plat until
the next meeting. Inspector Ellyson
opined that the Commission should table the plat, to allow the plat to be
corrected. Motion made by Commissioner
Braun and seconded by Commissioner Brenner to table the public hearing on the
preliminary plat for Beckenhauer Estates until the August 2nd
meeting. Chair Hausmann stated the
motion and second. All were in favor,
motion carried.
Chair Hausmann opened the second public hearing regarding a
Use by Exception permit application under Section 90-395(4) drive through
service in a B-2 zoning district. The
applicant is David Hinsley, on behalf of State National Bank and Trust Company.
Inspector Ellyson gave the Commission some background
information on the hearing. Section
90-395(4) requires that all kiosks for drive-up service entities are required
to come before the Planning Commission and the City Council and apply for a use
by exception.
Dave Ley, vice-chairman of State National Bank, was present
to discuss the request. Mr. Ley stated
for the Commission that the bank wishes to build a main location on Main Street
at 122 Main, where they had been since 1892.
In order to do this and to allow for modern drive-through facilities and
still be on Main Street, State National is asking for an exception to the
setting up of cars into the drive-way.
There will be five drive-through facilities, which they feel they have
adequate space for the vehicles to mingle.
Mr. Ley introduced the design team of Dave Hinsley from
Omaha, as the chief architect. Roy Ley,
who did the design layout, and Otte Construction is the construction
manager. Mr. Ley turned the questions
over to Dave and Roy as they designed the new bank.
Dave Hinsley stated that he is excited to be building a
structure of this magnitude back on Main Street and that it will add
significantly to the community. The
bank will provide a modern-day facility including the drive-through lanes. The lot is around 75 feet deep and to allow
for the turning radius that is needed as they approach from the north to go
through the drive-thorugh and to be able to turn before getting to the Wayne
Herald building, it prevents them from getting the required three stacking
queue per kiosk. Therefore in order to
maintain the design and to handle the queue requirements, their alternative
solution is to add more lanes to prevent and sort of queuing problem in the
future.
Roy Ley stated that the main issue us getting adequate
turning radius. There are a number of
ways to enter the drive-through. There
are five drive-through lanes with the last one being an ATM. The vehicles will exit through the alley.
Inspector Ellyson stated that the main issue to remember is
that the zoning code requires three stacked queue spaces prior to the
kiosk. Zoning does not address multiple
kiosks and does not provide a number identifier for the number of queue spaces
that would be required behind multiple kiosks.
Although there may not be the three queues, there are multiple kiosks
which then afford the same queue or the same stacking numbers.
Inspector Ellyson asked Dave Ley to refresh the Planning
Commission on the ATM which State National placed along East 7th
Street in the 300 block. Mr. Ley stated
that basically they had three queues and the only way they could do that was to
make one of the queues into the turning to go back onto 7th
Street. Because of that no one could
get their car close enough to the ATM.
State National Bank then made a request to go from three queues to two
so the vehicles could line-up better with the ATM. In the past years, they have not seen a back-up of three
cars. For the most part, the ATM is
either open or has one vehicle waiting.
Dave Ley mentioned for the Commission that they did a survey
of how many vehicles they service at the drive-in facility. They service approximately 5,420
transactions per month at the drive-in facility State currently owns. That is about 28 cars per hour, and with two
lanes, averages out to be 14 cars per line.
Mr. Ley opined that he feels the new drive-through facility would not
bring as much as there would be five drive-through lanes available.
Commissioner Miller questioned what plans State National has
for the current drive-through facility.
Mr. Ley did not know for sure what the future plans were as of yet.
Chair Hausmann questioned where the vehicles would exist if
it would the west alley area. Mr. Ley
stated that for most it would be an easy turn to exist back onto Second
Street. Mr. Ley stated that it is their
intention to get back onto Main Street.
Commissioner Miller questioned Mr. Hinsley if he was aware
that the lanes overlapped one another coming out of the ATM. Mr. Hinsley stated that it would be a
learning process and that they had tried a mock run with both smaller and
larger vehicles.
There being no further comments, Chair Hausmann closed the
public hearing.
Chair Hausmann asked for any further discussion or comments.
Motion made by Commissioner Miller and seconded by
Commissioner Braun to approve and forward a recommendation of approval to the City
Council for a Use by Exception permit application under Section 90-395(4) for a
drive-through service in the B-2 Zoning District for State National Bank. Chair Hausmann stated the motion and second;
all were in favor, motion carried.
Chair Hausmann then moved to the next agenda item –
permitted accessory structures in zoning districts.
Inspector Ellyson noted for the Commission that at the last
meeting, the Commission directed him to pattern an ordinance similar to
Blair. Ellyson stated that Blair has a
50% modifier to accessory structures and they also use a percent of lot
coverage with their ordinance.
Inspector Ellyson stated for the Commission that what he drafted was a
standard percentage number that seemed to be pretty consistent with the structures
in town. Most of the newer construction
is having three stall garages attached.
Ellyson stated that Blair includes attached garages as part of the
accessory structure configuration.
Ellyson provided some examples for the Commission regarding various
percentages.
Ellyson opined that using a 60% modifier was slightly more
liberal and seemed to fit better with the numbers that are typically included
with a three stall garage. Ellyson
opined that he did not want to be restrictive with regards to many families
wanting a three stall garage.
Ellyson stated that the ordinance would restrict this to
only the R zoning districts, along with the B-2 and B-3, in which residential
units are allowed as an exception, as well as an accessory structure; therefore,
the reasoning behind placing the proposed language in the B-2 and B-3
districts.
Commissioner Braun opined that he agreed with Inspector
Ellyson in thinking ahead for the three stall garages. Commissioner Brenner questioned the size of
the lot if that was kept in mind.
Inspector Ellyson stated that it does not take into account the size of
the lot.
Chair Hausmann stated that there would still be restrictions
in regards to building so many feet to the lot line. Inspector Ellyson stated that is when the setback regulations
would come into account. Inspector
Ellyson stated that a corner lot is more restrictive than other lots.
Motion made by Commissioner Reeg and seconded by
Commissioner Mohr to set a public hearing for August 2, 2004 regarding amending
the permitted accessory structures in all R, B-2, and B-3 zoning districts,
using the 60 percent figure. Chair
Hausmann stated the motion and second.
All were in favor, motion carried.
Chair Hausmann stated that the next item on the agenda was
the discussion of the proposed changes to Chapter 90 Zoning of the Wayne
Municipal Code.
Chair Hausmann stated that included with the packet was
Draft 8 of the proposed changes and as a reminder to the Commission and those
in attendance, this is only a general discussion item and not a public
hearing. Chair Hausmann asked that if
anyone wanted to speak, that they step forward and be recognized.
Chair Hausmann asked for any general comments.
Craig Tiedtke, on behalf of the property owners, stepped
forward to voice his comments. Mr.
Tiedtke stated that the group of property owners wanted to thank the Planning
Commission for allowing them an additional 30 days, as well as a thank you to
George, Lance Webster, and Lowell for attending a meeting of the property owners.
Mr. Tiedtke opined that the group spent much of their time
discussing parking, duplexes, and the ordinance in general. Mr. Tiedtke stated that there are only two
communities in the state of Nebraska that restrict parking the way Wayne does,
including Wayne and Wahoo. The idea of
trying to regulate parking on rental properties may be premature, unless the
Commission and/or City Council would reconsider the 24-hour parking restriction
currently in place. Mr. Tiedtke opined
that parking seems to be the major concern.
The recommendation of the property owners is to look at the 24-hour
parking restriction and then re-evaluate the situation.
Don Kenning was present regarding the agenda item. Mr. Kenning read the proposed changes and
had some questions for the Commission.
Mr. Kenning asked what determined the inspection fee of $75 and not
another amount. Inspector Ellyson
stated that it was just a number used.
Inspector Ellyson stated that the fee was arrived at that there may be
tow to three inspections at each structure.
The first inspection to advise the owner of what needs to be corrected,
the second inspection to come back and verify that the changes had been made,
and if they had not been made then a third call back would be needed. Mr. Kenning questioned if he could put the
GFCI circuits in himself. Ellyson
stated that since it is commercial property, it would require a licensed
electrician.
Inspector Ellyson stated that the intent of the ordinance is
to eliminate any grandfathering status that is out there, to dispel anything
that would allow structures to continue to exist under the current
configurations.
Inspector Ellyson stated that the Planning Commission is a
recommending body only. They are doing
what Council has asked then to look into and provide something that the
Commission believes they are looking for.
This is what the Commission has been doing for about the last four to
five months and requesting comments from the public. The Commission is a recommending body only and if there are
issues the public does not like, they have a council member available to voice
those concerns to. The Commission
members get their directives from the City Council.
Inspector Ellyson stated that the Commission specifically
asked the representatives of the property owners in attendance at the June
meeting, to provide alternatives to the ordinance. The letter provided to the Commission at the July meeting from
the property owners, is the sole combination of the alternatives to the
ordinance. There are other issues (like
safety) behind Council's directive to write the ordinance other than
parking. Without any kind of draft
changes, the Planning Commission is unable to look at the issues because there
is nothing to look at. They have
received their directive from Council and the lack of evidentiary or other
information submitted from the public gives the Commission no other option than
to move forward with what they have.
Inspector Ellyson stated that he would be more than willing
to come and visit with the property owner at their rental structure to
determine what may or may not need to be brought up to code and that he would
be happy to visit with property owners about the proposed changes.
Commissioner Brenner questioned if those properties that Ellyson
had visited, were the majority of them complying or what was he finding. Inspector Ellyson asked one of the property
owners from the public to step forward and share what they had discovered.
Larry Sokol, from Wayne, shared what he and Inspector Ellyson
had discovered at his rental property.
Mr. Sokol shared the parking situation that he had with his particular
structure, concerning two vehicles out front and two to the rear of the house.
Lee Brogie, of Wayne, was present and spoke in regards to the
letter submitted by the property owners.
Ms. Brogie opined that they would like to see more time given to this
ordinance before it is finalized.
Ed Brogie, of Wayne, was present and spoke with regards to
the proposed ordinance. Mr. Brogie
opined they are representing many property owners who are concerned about their
property.
Further discussion was held among the Commission members
regarding the issue of parking on the city streets.
Paul Campbell, of Wayne, was present and spoke on the
parking issues and the proposed changes to the zoning.
Further discussion was held regarding the issue of a
single-family dwelling and a duplex and what constitutes them as such.
Chair Hausmann closed the discussion on the proposed changes
to Chapter 90 Zoning of the municipal code.
Chair Hausmann stated that if the Commission makes changes
to Draft 8, then they will need to set a public hearing for the next meeting at
which time there will be input from the public and then a recommendation will
need to be forwarded to the City Council, either for or against the proposed
changes.
Motion made by Commissioner Reeg and seconded by
Commissioner Mohr to set a public hearing for the August meeting regarding the
proposed changes to Chapter 90 Zoning of the Wayne Municipal Code. Chair Hausmann stated the motion and
second. All were in favor, with
exception of one; motion carried.
There being no further business, motion made by Commissioner
Pick and seconded by Commissioner Braun to adjourn the meeting. Chair Hausmann stated the motion and
second. All were in favor, the meeting
was adjourned.
