City of Yutan

August 8 Planning Commission Minutes

August 10, 2023

CITY OF YUTAN

P.O. BOX 215  112 VINE ST.

YUTAN, NE  68073

(402) 6252112

EXTRACT FROM MINUTES OF A YUTAN PLANNING COMMISSION MEETING, IN THE COUNTY OF SAUNDERS, STATE OF NEBRASKA HELD AT THE YUTAN CITY HALL IN SAID CITY ON THE 8^TH DAY OF AUGUST 2023, AT 6:00 p.m.

Notice of the meeting was given in advance thereof by posting notice, a designated method for giving notice, as shown by the Certificate of Posting Notice attached to these minutes. Notice of this meeting was given to all members of the Yutan Planning Commission, and a copy of their acknowledgment of receipt of notice and the agenda is attached to these minutes. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. 

The meeting was called to order at 6:00 p.m. by Commission Chairperson Duffy. Planning Commission Members Duffy, Gay, Kitt, Smith, and Shea were present.  Members Thompson and Winn were absent.

Duffy informed all individuals present of the location of the Open Meetings Act. 

1. Presentation/Conversation with Jeff Ray, JEO, City of Yutan Zoning Administrator.  To begin updating the Zoning Ordinance and Subdivision Regulations.  Jeff Ray with JEO presented various examples of zoning and subdivision regulations that other communities are using and asked for input from the members.  He explained to the members that the comprehensive plan is a guidance tool that helps define the zoning and subdivision regulations which are the enforcement tool for the city.  A general discussion was had regarding the current ordinances and what areas the members would like to see improved upon.  Mr. Ray highlighted areas of concern in his opinion that should be addressed in the new ordinance.  He also explained current trends in planning and zoning that the city should be aware of when drafting the new ordinance.  Some of the proposed changes to be included in a draft ordinance included the following.  Increase in minimum lot size for TA, rezoning RS and R1 in the ETJ to a residential acreages zone.  Updates to legal requirements in the code.  Floodplain changes, solar/wind energy regulations, accessory structure updates.  Mr. Ray Also explained the differences in Planned Use Developments (PUD) vs. Multiple use developments (MUD) and how those types of projects could impact Yutan.  He also discussed the need to address data centers and heavy industry in our ordinance, both to effectively plan for their placement and development, or to keep them from being built at all if that is the route the community would like to go.  Mr. Ray will have a draft for the next meeting, and will focus on more of the details at that time.

2. Ordinance 801 - Zoning Text Amendment to allow Law Office as a conditional use in TA Zoning.
   1. Staff Report - City Administrator Heaton explained to the commission that Joe Vandenack is wanting to add a two car garage to his law office which is in a TA zoned area in our ETJ.  While the garage itself is not an issue, the property is currently a non-conforming use and no expansion is allowed per the city zoning ordinance.  Heaton explained that he has been working with Joe, Jeff Ray, and the City Attorney to find a way to make this happen.  The City Attorney has advised to allow the Law Office as a conditional use and then approve a conditional use for the law office & construction.  Jeff Ray proposed a slightly different approach where the city would allow non-conforming use as a conditional use.  Heaton explained to the group that either way could open up the possibility of more business trying to open up in the TA area, but didn’t see an immediate concern.  Chairperson Duffy stated a concern not only for the business currently in the TA but those that would be brought in when Yutan expands.  Duffy also explained a brief history of how we got in this situation, since the Law Office was in place before the ETJ and zoning reached that far.  Duffy also expressed concern that other existing non-conforming uses may approach the city for a conditional use permit, and that as the ETJ grows, other existing non-conforming uses may request conditional use permits in the future.  
   2. Chairperson Duffy opened a Public Hearing  at 6:12 closed at 6:20 - Joe Vandenack spoke about the history of the property and the need for more storage/security on the property.  He also has intentions of this property becoming suitable for a residence when he retires.  Mr. Vandenack explained to the commission that the original building was approved and granted a permit for construction and use by Saunders County in the 1970’s.
   3. Ordinance 801 Commission Recommendation - A motion to Approve was made Shea by and seconded by Smith. Upon roll call vote was as follows: YEAH: Kitt, Smith, Shea.  NO: Duffy, Gay.  ABSENT: Thompson and Winn.  Motion Carried.

3. Conditional Use Permit - Chief Dilwig (Vandenack Law Office)
   1. Staff Report - City Administrator Heaton presented the conditional use permit application for the Vandenack Law Office.  Heaton explained that there is not a lot to report with this since it is already a law office, and there have been no complaints.  He also explained that a notice was sent to each surrounding landowner and placed in the paper.  
   2. Chairperson Duffy opened a Public Hearing at 6:29 Closed at 6:31 - Joe Vandenack spoke about his plans for the addition and shared an elevation plan.  
   3. Conditional Use Permit Commission Recommendation - A motion to Approve was made by Shea and seconded by Kitt. Upon roll call vote was as follows: YEAH: Gay, Kitt, Shea, Smith.  NO: Duffy.  ABSENT: Thompson and Winn.  Motion Carried.

A motion to Adjourn at 8:13 was made by Gay and seconded by Smith. Upon roll call vote was as follows: YEAH: Duffy, Kitt, Shea, Smith, Gay.  NO: None.  ABSENT: Thompson and Winn

Next Meeting - Monday September 18, 2023 at 6:00