Planning Commission Meeting Minutes
Monday, August 2, 2004
Chair Jack Hausmann called the regular meeting of the Wayne
Planning Commission to order at 7:30 p.m., on Monday, August 2, 2004, in the
Council Chambers of the Municipal Building.
Roll call was taken with the following in members present: Marie Mohr, Kyle Nelson, Darrell Miller,
Bill Reeg, Randy Brenner, Don Endicott, Chair Jack Hausmann, and Chief
Inspector/Planner George Ellyson.
Absent: Vicki Pick and Sharon
Braun.
Motion made by Commissioner Reeg and seconded by
Commissioner Nelson to approve the minutes of the Monday, July 12, 2004, as
presented. Chair Hausmann sated the
motion and second. All were in favor;
motion carried.
Chair Hausmann stated that there are several public hearings
scheduled and that the Commission would try to keep on course, time-wise.
Chair Hausmann stated that there was time before the first
scheduled public hearing and asked if there was anything that needed to be
discussed.
Commissioner Sharon Braun arrived at the meeting at 7:34
p.m.
Due to time, Chair Hausmann opened the first public hearing
regarding the Preliminary Plat for Beckenhauer Estates, developers are Joan
Lage and Sally Oden. Chair Hausmann
stated that included in the packet was a copy of the preliminary plat. Chair Hausmann opened the public hearing for
comments.
Inspector Ellyson stated that at the last meeting there were
two issues that were raised. One being
that land cannot be dedicated to the city that lies outside the corporate
limits. While visiting with the
owners/developers, they have since that meeting, petitioned the City Council
for annexation to the city. It is a
requirement that annexation occur before the final plat is approved. According to that, it is okay for the
Commission to approve and forward a recommendation of approval to the Council
for the preliminary plat. The second
issue was the submission of a park fee.
The owners/developers have since submitted the fee to the city. These were the only two outstanding issues at
the last Planning Commission meeting.
Chair Hausmann asked for any further comments regarding the
preliminary plat. There being no
further comments, Chair Hausmann closed the public hearing and opened
discussion among Commission members.
Commissioner Reeg questioned how the park fee issue was
resolved. Inspector Ellyson stated that
the developers had sent the park fee.
Commissioner Mohr questioned if that had to be recorded in
the preliminary plat. Inspector Ellyson
stated that it did not.
Chair Hausmann asked for any further comments. Hearing none, Chair Hausmann asked for a
motion. Motion made by Commissioner
Mohr and seconded by Commissioner Miller to approve and forward a
recommendation of approval for the Preliminary Plat of Beckenhauer Estates to
the Wayne City Council. Chair Hausmann
stated the motion and second. All were
in favir; motion carried.
Chair Hausmann stated that the Commission is moving ahead of
schedule and the public hearing scheduled for 7:45 p.m. was opened at 7:36 p.m.
regarding amending the Wayne Municipal Code specifically those sections
pertaining to the permitted accessory uses and structures. Chair Hausmann stated that the Commission
had copies of the amended sections included in their packets.
Inspector Ellyson stated that the language is similar to
what was brought forward at the last Planning Commission meeting. At that meeting, the Commission asked
Inspector Ellyson to use a 60 percent value of the principal structure. That value has been included in the revision.
Chair Hausmann asked for any comments from the public. If there are any public comments, Chair
Hausmann asked that person to come forward to the microphone and state your
name.
Melodie Longe, 420 East 5th Street, was present
and spoke on the agenda item. Ms. Longe
stated that she has a small footprint of a home and has a lot that would
accommodate a larger garage than what the proposed language would allow. The footprint of the house is around 750
square feet and the proposed language would only allow for a 20x20 garage. Ms. Longe stated that when they looked at
the house they wanted something they could expand. Ms. Longe opined that the Commission needs to look at the
southeast part of town with small houses and lots that could accommodate more
than a 20x20 garage.
Duane Witt, 209 East 3rd Street, was present to
speak on the agenda item. Would like to
build a three car garage on his property, with this proposed language, Mr. Witt
opined that he could only build a two car garage, but he already has two cars
(his and his wife's), his son has a car now, and when his son graduates, his
daughter will have a car. Mr. Witt
opined that when his kids have gone, he will be close to retirement and he can
start looking for something to do for retirement or a hobby. By limiting how big he can build the
structure, Mr. Witt opined that he is too poor or not good enough to have a
three car garage. Mr. Witt stated that
he is proposing to build his garage and attach it to his house, with siding so
that it looks presentable.
Paul Lindner, 601 Westwood Road, was present and spoke on
the agenda item. Mr. Lindner stated
that the proposed language is based on a 60 percent figure. Mr. Lindner owns a piece of property on
Grainland Road that consists of three lots. The house footprint is about 800 square feet and one of the lots
is empty. According to the proposed
ordinance, Mr. Lindner opined that he could not put anything on that lot because
there is no property adjoining it. Mr.
Lindner questioned how this ordinance affects empty lots? Is the Commission considering a piece of
property that does not have a house on it, plus 60 percent of the square
footage is way too small looking at the square footage of these properties. Mr. Lindner opined that this needs to be
looked at from a case by case basis as a building permit would need to be
applied for anyway. The building permit
would require proper setbacks and if those were not met, the permit would not
be issued.
Jeff Morlok, 902 Pearl Street, was present and spoke in
regards to the agenda item. Mr. Morlok
opined that he concurs the current language is vague but that the system works
well. Mr. Morlok stated that his own
garage would exceed the percentages that are being proposed. Mr. Morlok opined that he drove around town
for about 15 minutes and found at least a half dozen homes that the ordinance
would not allow garages to be built.
Mr. Morlok opined that he felt the intent of the ordinance is so that
the garage does not over-shadow/over-power the house. Mr. Morlok opined that he is concerned that the purpose of the
ordinance is to react to an issue where a garage was proposed and was denied
and the resident is taking the appeal all the way to court. As a member of the Board of Adjustment, Mr.
Morlok stated that in his opinion, even though the reason for denying the
permit was upheld due to size, he felt there were several issues that were
involved in the Board of Adjustment's supporting the denial of the permit other
than size. Mr. Morlok further opined the
location of the garage was only ten feet away from the adjacent property's
home. The height of the garage was
going to be 16 feet to the eve, not counting the regular roof, over-shadowing
the home next door. Further, the siding
and the roof were not going to be consistent with the house as well. The ordinance further states that metal
siding cannot be used on a garage. Mr.
Morlok opined that that further prompted the ordinance. Also, as part of being a Board of Adjustment
member, Mr. Morlok stated that they are to use logic and reason in determining
the intent of the code. Mr. Morlok felt
that logic and reason did dictate why the Board of Adjustment upheld the
original denial permit for that property.
David Longe, 420 East 5th Street, spoke regarding
the agenda item. Mr. Longe opined that
he has two vehicles plus some other items he would like to keep in a
garage. This ordinance would prevent
him from building the garage he would like to.
Lowell Johnson, City Administrator, questioned Mr. Longe how
an 80 percent percentage would effect him.
Mr. Longe opined that the footprint of his home is small and
would not allow him to have a garage – his ladder would be longer than his
garage would be.
Chair Hausmann asked for any further comments, there being
none, Chair Hausmann closed the public hearing and opened up discussion among
the Commission.
Commissioner Reeg opined that there were some really good
observations and comments made by the public.
Commissioner Endicott opined amending the language to use
something other than a percentage such as the way it's shaped or the depth.
Chair Hausmann stated that there is always the recourse of
coming back to gain an exception.
Inspector Ellyson noted for the Commission that there are
communities that do regulate beside the percentage of the base footprint, the
communities do take into consideration the percent of green space that does
figure into the base principal area.
This may be something the Commission may want to consider as additional
language.
Commissioner Brenner opined providing provisions in the
language for what is considered today's standards for double or triple stall
garages and allowing for people to build no matter what size home they may
have.
Commissioner Reeg opined that the Commission should consider
including some language that this be on an individual basis.
Commissioner Braun questioned Inspector Ellyson over the
last five years how many people have applied for a building permit that would
have caused the accessory structure to be greater that the house – has there
been just one isolated case? Inspector
Ellyson stated that there has not. He
has issued building permits where he was not sure if the accessory structure
was greater than the house.
Chair Hausmann stated that because of time constraints that
a motion to table the public hearing be entertained. Motion made by Commissioner Reeg and seconded by Commissioner
Brenner to table the public hearing.
Chair Hausmann stated the motion and second. All were in favor; motion carried.
Chair Hausmann stated the time was 7:55 p.m. and that the
public hearing regarding the changes to Chapter 90 Zoning of the Municipal Code
was at hand. Chair Hausmann stated for
those in attendance that each person who wished to speak would be given a three
minute time limit; and, if one person has already spoken, please allow someone
else the opportunity to speak.
Chair Hausmann stated that before the public hearing would
begin, City Administrator Lowell Johnson would give some background information
on the hearing.
Administrator Johnson stated that during the first two years
he was here in Wayne, he did not hear many comments but the last two years,
more complaints have been surfacing.
Administrator Johnson showed several photos depicting cars being parked
all over lawns and too many people living in the house. The city does not know unless a complaint is
received.
Administrator Johnson stated that what the city is finding
is that when there are a lot of cars parked in front of a house next door to
someone, the neighbor is unhappy about it.
This is how this discussion has come about.
Most of the time, when something is said to someone, the
issue will be taken care of, dealt with, and resolved. One of the issues is that people are nor
allowed to park on the street. When
people cannot park on the street they have to park somewhere on the
property. Some properties are not
capable of having a lot of cars parked on them.
Administrator Johnson stated that over the last two years,
the city has followed the enforcement of occupancy, one even going to
court. The Council has basically
directed George and himself to move from a complaint driven process (hit and
miss) to a review and regulation procedure where over some period of time, all
properties are looked at and evaluated.
This is essentially what this process is doing.
Administrator Johnson state that Council asked for something
to loot at and the plan that Kearney was using looked to be the model. Administrator Johnson stated that he,
Inspector Ellyson, and Police Chief Webster had visited with some of those in
attendance.
Administrator Johnson stated that the one thing that seems
to be very frustrating for people is the registration process. There are several ways to handle this, but
to treat everyone the same there needs to be some process and this is one
mandate that the Council gave them, was to move from a complaint process to a
review and regulation process.
Administrator Johnson stated that the area where most of the
complaints and calls come from is where the city is looking at. Rarely are calls received from multi-unit
homes, most are from relatively quiet neighborhoods. Right or wrong, this is what starts the process.
Administrator Johnson stated that if the ordinance is not
passed, the city will still be reviewing duplexes to see if they are duplexes,
safety issues will still be looked at.
These issues will not go away; the ordinance is only providing some sort
of orderly system.
Administrator Johnson stated that no new staff would be
hired to help enforce the ordinance; but that there are legitimate issues
contained within the ordinance.
Administrator Johnson also stated that one issue that will not go away
is the duplex issue – it is a frustrating, grey area. The code is fairly specific about what constitutes a duplex and
in the past, before George and himself, it has been fairly loose as to the
enforcement of duplexes.
Administrator Johnson used the example of someone buying a
structure and having six people living in the structure and it is not a duplex;
that is a serious income change. Right
now if the city receives a complaint on a house and the city looks at it and it
is not a duplex and it was not changed before 1979 (date Wayne established
zoning), then the city can enforce the issue.
It is a hit and miss type situation.
The definition of a duplex has remained the same in Wayne zoning – it is
a national code that is very clear and specific.
Administrator Johnson stated how do those properties that
are out of compliance, brought back into compliance, that is what the ordinance
is set up to do, is have some orderly process.
As a result of lack of process, the Council directed George and himself
to go find a process, bring it back, and because it involves zoning, the Planning
Commission is also involved. This issue
has come about because of a series of complaints that started about two years
ago.
Chair Hausmann then opened up the public hearing for public
discussion.
Bill Woehler, 814 Pearl Street, was present and spoke on the
agenda item. Mr. Woehler questioned why
the property rights shouldn't stay with the property and move forward with the
new owners. When a property is sold,
the new owners should continue to use the property as it had been used
previously. Mr. Woehler opined that if
this issue was about parking then why are egress windows, why do they GFCI, and
the rest of the life safety issues that are suppose to be for the health. If all the green areas are paved over, you
will raise the temperature in town by five to six degrees.
Gary Van Meter, 321 West 5th Street, was present
and spoke on the agenda item. Mr. Van
Meter opined that he had concerns that the Commission was going to approve and
pass the ordinance onto Council with little or no discussion. Mr. Van Meter asked that the Commission
request to Council that a committee be appointed to help establish equal
legislation for all those involved.
Ed Brogie, 319 West 6th Street, spoke on the
agenda item. Mr. Brogie stated that he
had previously submitted a letter to the Commission regarding the agenda
item. Mr. Brogie informed the
Commission that he had bought the property at 1120 Main Street as a college
student and later moved out and rented the property. Mr. Brogie then bought more rental property in Wayne. At the time he was purchasing rental
property, he felt open to buy the properties.
Mr. Brogie opined that free enterprise rather than zoning should run a
city.
Paul Lindner, 601 Westwood Road, was present and spoke on
the agenda item. Mr. Lindner opined
that the Landlord Association had spent several hours working on a draft to
present to the Commission. None of the
Association disagree with the health and safety issues, none disagree that they
need safe housing. The Association
feels that the ordinance has gone a step too far in saying that certain
regulations have to be applied. The
Association is asking that an ordinance be designed that will be something all
can agree with. The Association agrees
that something needs to be done, but that they want to be part of the change.
Lee Brogie, 319 West 6th Street, spoke regarding
the agenda item. Ms. Brogie handed the
Commission a two page handout regarding the agenda item. Ms. Brogie stated that Wayne attempted to
adopt the ordinance from Kearney. Ms.
Brogie opined that the proposed ordinance seems to be redundant and contradicts
itself in the Category One, Two, and Three sections. Ms. Brogie opined that the contradiction in the categories is in
the user of the property and not the use of the property. Ms. Brogie opined on the Nonconforming
Development section of the ordinance.
Don Koening, Wakefield, was present and spoke on the agenda
item. Mr. Koening stated that he owns
property at 1014 and 1016 Douglas. Mr.
Koening stated that he has no problems with the life safety issues. He does not rent to college students, only
families. The properties have eight
foot driveways and are 40 feet long.
The garage is also eight feet wide and less than 18 feet long. According to the ordinance, the parking
would not be acceptable as it is not the required 9x20. The garage would not qualify as a parking
stall. Mr. Koening asked that the
Commission consider these types of issues before approving the ordinance.
Irene Buck, South Sioux City, was present and spoke in
regards to the agenda item. Ms. Buck
stated that they are property owners of 1202 Main Street. She noted that she has done research of
other communities, such as Iowa City, Ames, Fremont, Lincoln, and Sioux
City. Wayne surpasses many of what
these communities have in place. Ms.
Buck opined that the Commission table the item and approach it in a committee
form. Ms. Buck opined that they want to
see fair and equal treatment for everyone.
Jewell Schock, 1000 Lilac Lane, spoke in regards to the
agenda item. Mr. Schock stated that he
is a home owner and does not have rental property. He stated that he lives close to the college and that he has
rental properties next door to him. He
appreciates all the concerns and efforts of those in attendance. Mr. Schock opined that he has heard many
comments at the meeting, and he feels they are worthy of consideration. Mr. Schock opined that he has not heard much
in regards to the welfare of students or tenants in rental properties or with
concerns of property owners adjacent to rental properties. Mr. Schock stated that he lives next door to
a property that is being rented out to a family, they have no complaints. But in the past, they have seen the property
rented out to what started out to be two students who invited others, who in
turn invited others. Mr. Schock opined
that the tenants need some disclipline and he hopes that the landlords provide
this, but that does not always happen.
Mr. Schock asked that the Commission not lose sight of the landlords,
the next door neighbors, and the tenants.
Mr. Schock opined that he would like to see some legislation that would
hold the tenants and landlords accountable.
Jeff Morlok, 902 Pearl Street, was present and spoke in
regards to the agenda item. Mr. Morlok
stated that he was a member of the Wayne Rental Association. Mr. Morlok stated that at the last
Commission meeting the Association had asked the Commission to start over on
the ordinance. The Association
presented their comments to the Commission before the meeting. Mr. Morlok opined that the Association
agreed that the health and safety issues need to be maintained. They are only asking for more time to work
with the Association on some reasonable language because they agree that some
ordinances may be needed to clarify some parking issues specifically. The Association also suggested that
structures be reviewed on an issue by issue basis – keep parking separate from
health and safety, separate from zoning, separate from code issues, and break
them apart.
Greg Kalhoff, 503 Donner Pass, spoke in regards to the
agenda item. Mr. Kalhoff stated that he
owns property in Wayne and bought them believing that they were a duplex as
that is how they were sold to him. Mr.
Kalhoff opined that he has learned over the past eight months and from reading
the ordinance that he may not even be able to rent to four people but three
because of the parking situations.
Jan Magnuson, 701 Fairacres Road, was present and spoke
about the agenda item. She had drafted
a letter and it was previously submitted to the Commission before the
meeting. Her letter addressed duplexes
specifically. With the proposed
changes, this may increase the rent for the tenants. Ms. Magnuson asked that the Commission look at the ordinance
before sending it to the Council and that they work with the Association.
Craig Tiedtke, 108 West 8th Street, and president
of the Wayne Rental Association, spoke with regards to the agenda item. Mr. Tiedtke wanted to stress process and
that the outcome would be better. Mr.
Tiedtke stated that the ordinance does have an impact on the tenants, college,
and a financial impact on the owners.
Mr. Tiedtke asked the Commission to visit with the Association and that
together they could come up with something better.
Bill Sweeney, 425 Oak Drive, was present and spoke with
regards to the agenda item. Mr. Sweeney
opined that the landlords are concerned with their tenants and with the amount
of tenants in their houses and what they do to the houses and the neighboring
properties. Mr. Sweeney opined that the
Commission needs to involve the Association to work together.
There being no further comments, Chair Hausmann closed the
public hearing and opened up the discussion among the Commission members.
Commissioner Miller opined that he is relatively new to the
Commission, but feels that the Commission at no time didn't have the welfare of
the students in mind. He opined that is
one of the primary focuses was to have up to code as much as possible with
older homes for their safety and welfare.
Commissioner Miller opined that over the years he has noticed that
almost every student has a car and this is probably causing some of the
problems. This results in more cars
needing to be parked. Commissioner
Miller further opined that children are not as disciplined as they were a
number of years ago, his included. He
opined that he liked the idea of getting together to form a committee with some
of the various members and break down the areas into different sections and
work on them one at a time. The
Commission also needs to be concerned with the neighborhoods and the neighbors.
Chair Hausmann opined that there are several issues that he
feels, as a Planning Commission need to be recommended to the City
Council. One is in regards to parking
which seems to be the biggest issue with regards to the proposed
ordinance. The parking issue is
something very big and as Chair Hausmann has mentioned before, that different
times the Planning Commission has asked the City Council to look into the
parking issue. This isn't something
that the Planning Commission has not been aware of. Another item Chair Hausmann opined feels is something that can be
negotiated is the fee, this seems to be one of the major concerns. In reviewing the proposal, Chair Hausmann
feels there is a misunderstanding with regards to the fee. There is a one time fee. Once someone has met the criteria of the
zoning code, then unless you sell that property, you should not have to pat
that additional fee. The dollar amount
of the fee is something that can be negotiated. And one other point is the thickness of the concrete. Generally speaking, most of the contractors
Chair Hausmann spoke with thought that four inches of concrete would be
sufficient for parking.
Commissioner Endicott opined that he has mixed feelings over
the proposed ordinance. As a business
person, he understands what they feel – such as any added cost to the
‘business' is cumbersome and is not good.
Commissioner Endicott understands that because of his own business with
upgrading, etc. But on the other hand,
he understands where the Council and Administration are coming from. Commissioner Endicott opined that this
ordinance is a very deep issue that needs to be dealt with, not by a vote at
the current meeting, but should be expanded and committees created to work
together to get the best results, knowing that neither side is going to get
everything, but it will cost some money, because everything costs money.
Commissioner Reeg questioned who would create the committee.
Commissioner Endicott opined that the Planning Commission
should and that it should be a mutual thing with the Planning Commission, City
Council, Planning Office, Administration, and Rental Association. Commissioner Endicott further opined that
this ordinance needs to be done correctly.
Commissioner Reeg questioned if the Commission does this,
they need to set a time frame. This
cannot go on for another year or two.
Commissioner Brenner opined that he is in agreence with
Commissioner Endicott on the fact that at the last meeting, the Commission
asked the Rental Association to come back with something that they could work
with so the Commission could look at it, analyze it, and see what can be
changed. The Association had done
that. Commissioner Brenner opined that
a committee is needed and that a time line be set.
Commissioner Endicott made a motion that the Commission form
a Committee to better understand the proposed ordinance with the Committee
consisting of representatives from the Planning Commission, City Council, City
Administration (Lowell and George), and the Rental Association to meet and then
set a two month time frame.
Commissioner Braun stated that she was concerned with what
constitutes a public meeting – how many from Council and how many the
Commission, without publishing legal notices.
City Administrator stated that the Commission could set up
the committee, with ten or twelve people.
If there are no more than two council members, then the open meeting law
is not in violation and no combination of groups will violate the law either.
Chair Hausmann stated he would entertain a second motion.
Commissioner Miller seconded the motion.
Chair Hausmann stated that a motion and second had been made
to form a committee made up of members from the Planning Commission, City
Council, Rental Association, City Administrator, and City Planner to discuss
the proposed ordinance. Chair Hausmann
asked if Commissioner Reeg wanted to add to the motion. Commissioner Reeg stated that he wanted to
include in the time frame a period of 90 days.
Chair Hausmann restated the motion and second to include a time period
of 90 days. Motion carried unanimously.
Chair Hausmann thanked those in attendance for speaking at
the public hearings.
Chair Hausmann stated the next item on the agenda was the
discussion of amending the retail store language. Chief Inspector Ellyson stated the amended language was brought
forward by City Administrator Johnson.
City Administrator Johnson was present and spoke on the
discussion agenda item regarding amending the retail store language.
Commissioner Miller suggested if the square footage number
should be lowered from 35,000 to maybe 25,000.
Commissioner Brenner stated that his store is 32,000 square
feet.
Commissioner Endicott stated that his store is approximately
22,000 square feet. If he would like to
build a new store, he would look at something in the area of 35,000. The stores that the Commission is concerned
with are around 40 to 50,000 square feet, minimum.
Commissioner Miller was questioning if the Big Box Stores
built a smaller store and then came in and added on. Commissioner Endicott stated that he did not think it was.
Chair Hausmann questioned if other communities were adding
this type of language to their zoning.
Administrator Johnson re-directed the question to Inspector
Ellyson. Inspector Ellyson stated that
the NPZA (Nebraska Planning and Zoning Association) is almost the mind-set of
shutting the barn door after the horse is already gone. Zoning is not designed nor intended to deny,
nor restrict a particular use. Zoning
is intended to protect an environment or a use and to designate a specific
space and area. Inspector Ellyson
stated that so many times when zoning is used to shut the door, then it is not
used in the correct definition of zoning.
Zoning is designed to protect.
The amended language for retail stores is a serious attempt at
protection. It is not an attempt to
deny.
Commissioner Brenner suggested that the language should
include who will perform the impact study.
If the company coming in does the impact study, the study may be swayed.
Administrator Johnson stated that the city would want some
control over that.
Inspector Ellyson suggested that the language should be
modified to include and indicate who would perform the impact study.
Administrator Johnson stated that the study should be a
negotiated deal between the city of Wayne and the company wanting to come to
Wayne.
Inspector Ellyson stated that the language needs to be
specific.
Commissioner Endicott suggested that a committee be
formed. Commissioner Endicott opined
that this language is about protecting the community and making it
stronger. There needs to be something
in place that will make the company prove themselves. Many small communities are being overpowered by larger companies.
Commissioner Reeg opined that the companies are not good
stewards of the community.
Commissioner Endicott opined that the Big Box stores do not
give back to the communities.
Inspector Ellyson opined if anyone on the Commission had any
ideas or thoughts as to what should be included. What would a good impact study include?
Commissioner Endicott stated that he was going to contact
David Domina and find out exactly what needs to be done and what needs to be
said. So many times these big stores
come into a community and they make you think that they are going to do real
well for you and according to Domina, communities do not have to let them in if
they don't want to.
Commissioner Reeg questioned if they need to involve Doug
Cunningham.
Commissioner Endicott opined that he has not gotten a real
positive feel from Cunningham, which is why Endicott is willing to spend his
own money.
Motion made by Commissioner Braun and seconded by
Commissioner Endicott to adjourn the meeting.
Chair Hausmann stated the motion and second; all were in favor, meeting
was adjourned.
