Planning Commission

MINUTES PLANNING COMMISSION REGULAR MEETING MAY 21, 2012 – 5:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Sookram, Members, Barton, Fooken, Emanuel, Ridder, Sawyer, Synovec, Wiese and Winter, Planning Director Rian Harkins and Secretary Deb Pruss ABSENT: None Chairman Sookram called the meeting to order. Roll Call Vote was taken – 9 present. Chairman Sookram read a statement that a copy of the Open Meeting Law is posted continually for public inspection located near the agendas in the City Council Chambers and a Public Notice of this meeting was given in advance by publicized notice in the Fremont Tribune, a copy of which is attached to these minutes and made a part thereto, and on radio KHUB. Also, the agenda was displayed in the lobby of the Municipal Building, Police Station and the Dodge County Courthouse on May 16, 2012 and is open to the public. Moved by Fooken, seconded by Sawyer, to approve the Chairman's Statement that this meeting is now determined to be a legal meeting. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried. It was moved by Fooken, seconded by Synovec, to dispense with the reading of the Minutes of the April 16, 2012 Regular Meeting and approve as received. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried. Chairman Sookram stated the general public is invited to address the Planning Commission regarding any item on this agenda at this time or wait until discussion of their request is taking place. No public comments were received.  Consider request of Sylvia D. Gocken to rezone part of the SE ¼ of the SE ¼ of Section 33, Township 17 North, Range 8 West from AG - Agricultural/Urban Reserve District to RR – Rural Residential District (1212 County Road X). Planning Director Harkins stated this item and the following technically go together but were listed separately because the rezoning has to be approved in order for the lot split to be approved as a follow on. This is essentially a property that came before the Planning Commission a few years ago to combine the lot so that the owner could at the time have horses on the property. From then to now, the owner has decided to sell the property. The potential buyer is looking at just essentially the smaller tract of land and that is where the rezoning part comes into play. It is a property just over four acres in size. The applicant has essentially made the request to do the rezoning just for that area and leave the remaining part of the property in AG zoning. Staff finds approval of this based on the current land use that is there. It is rural residential in nature. The properties to the south are rural residential in nature. In spite of the fact that this would create an area of spot zoning, which is something we typically tend to stay away from, staff feels this is an area that might qualify as mentioned in the study session. We are going to begin working with the property owner to the south in Spoonhour (?) Acres to approach them to see what their interest would be in trying to rezone from AG to Rural 1 Residential just to match more what fits there currently. Mr. Harkins stated the applicant and their agent were present. Marlin Brabec from Don Peterson and Associates was present as the agent. Sylvia Gocken wishes to sell the property with the acreage. As many of you know, it is right along the highway south of Fremont and it is a very nice house and she has a buyer for it who wishes to close about the middle of June. It was previously in two separate tracts. She added onto the home a few years ago and to do that they needed to get the lot line moved over so that is when they came in and asked for that approval. Basically she is trying to go back and split that from the farm ground. The Spoonhour Acres is immediately across the road, Vala Heights is a little further west and Valley View is just to the east so it really needs to be the whole area that probably needs to be looked at. In their particular case, they are asking for this to be changed to the Urban Reserve District and to the Rural Residential. Member Synovec stated the obvious question was why the extra five feet. Mr. Brabec stated the extra five feet to the north was so that they can maintain a pvc fence that is currently there. The buyer wants to be able to maintain that without the farmer getting too close to the fence and be able to mow, keep it clean and maintain. The lot line to the west was moved where it is so that he can get back into the buildings to the north. It is for maintenance. Moved by Fooken, seconded by Synovec to recommend approval of rezoning the property from AG to Rural Residential. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried.  Consider request of Sylvia D. Gocken to subdivide part of the SE ¼ of the SE ¼, Section 33, Township 17 North, Range 8 West of the 6th P.M., Saunders County, Nebraska (1212 County Road X) into two lots. Moved by Ridder, seconded by Synovec to recommend approval as outlined. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried.  Consider request of Health Care Professionals, Inc. and Don Peterson and Associates to subdivide part Lot B, R & Z Addition and Lots 1 and 2, Block 2, Rodamar Addition, Fremont, Dodge County, Nebraska into two lots. Planning Director Harkins stated this is the Don Peterson office on 23rd. They are essentially trying to do a lot combination/lot split that takes another 18 feet from their property line west in order to provide some greater access and circulation patterns within that property. Harkins stated one of the representatives was present. Marlin Brabec from Don Peterson and Associates was present. He stated their intention was that they are very tight on the east side of their office building on 23rd Street and they are actually driving over into the grass when people come around the corner and Health Care Professionals agreed to sell them 18’, which would give us some parking along there and yet give us a pretty good driveway and access to the back. People from the hospital very generously are willing to sell them 18’, which they need. They are going to pave it and do some landscaping on the east side so it will be a good thing for both. Moved by Sawyer, seconded by Emanuel to recommend approval of the request. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried.  Consider request of William D. Perry, dba Irving Development, LLC, to add second floor residential space at 408 North Main as part of a permitted conditional use. Article 4, Section 405. DC – Downtown Commercial District. 2 Planning Director Harkins stated this is the property that J’s Steakhouse occupies on Main Street. The developer is looking at doing two lofts, a small office and some party room area on the second floor for J’s. The conditional use application itself is just for that residential request, the two apartments that will be on the second floor. Again, as mentioned in the Study Session, this is something that was talked about not only during the Downtown Master Plan but also the Comprehensive Plan process as well about trying to get more residential back into downtown so that we would have more people not only living but potentially buying and shopping there as well. As also mentioned during Study Session, Downtown Commercial Zoning District does not have off-street parking requirements. In spite of that, the applicant has worked to provide two off-street parking stalls in the back of the building off the alley. We have attached their pictures just to give a better idea and their sketch layouts for what they are looking at as well for the Planning Commission’s review. Staff did find this in conformance with the Comprehensive Plan as it is proposed and overall it fits the general character of the Downtown Zoning District. Member Synovec stated it looked like the elevator will comply with all the ADA requirements and such. Harkins stated as described right now, yes it would. Harkins stated they still have to come in for building permits so they would have to provide that detailed information then but from what has been described to staff so far, it would meet requirements. Moved by Synovec to recommend approval of the request since he believes this is what the Comp Plan had in mind. Seconded by Fooken. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried.  Consider Resolution approving amendment of Blight and Substandard Designation for Downtown Area. Planning Director Harkins stated in 2011 the Commission recommended approval of a Declaration of Blight and Substandard Conditions for the Downtown Area. The south end of that boundary went to First Street but it did not, although it was apparently staff’s original intention to include the depot and the property just to the east of that. It was the intention to have that included but was not for some reason. This amendment to the Blight Declaration takes those two properties and incorporates them. Staff has done field analysis of the structures and of the properties themselves. They meet most of the criteria for blight and substandard conditions under the Nebraska Community Development Law, which is why staff recommends approval. Moved by Emanuel, seconded by Wiese to recommend approval of the Blight Declaration amendment. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried.  Continued consideration of adoption of Planning Commission By-laws. Planning Director Harkins stated this item was brought to the Commission last month as an action item and was delayed a month so members could have a month to review. Feedback received up until today has been incorporated into the bylaws themselves. At this point, if there are any other changes that you want to make, that can certainly be done or the Commission can take whatever action they choose. Member Fooken voiced his concern regarding the term limits. Member Ridder asked if there was an industry standard regarding communities of the size of Fremont. Harkins stated it doesn’t go by communities our size but just varies. Most communities will either do a yearly appointment, an election; they will do two year terms or single year term. Some communities will cap the number of times in a row a person can be a Chair/Vice-Chair and others don’t. 3 There really is not a standard. Harkins stated members would still be electing or re-electing that person every year or boot them out. Fooken stated he also would like number four eliminated that deals with the Chairman making a motion. He stated he understood that it would make the meeting run a lot simpler but felt the Chairman should remain neutral. Ridder asked if his concern was that it would give too much power to the office of the Chair. Fooken stated everything he has been involved with the Chair has not made the motion. Harkins stated it is not typically allowed unless you empower the Chair to do so. Member Synovec stated he liked it in there as the Chair could prompt the meeting to move along and end a stalemate of sorts. He stated even if the Chair makes a motion, there still needs to be a second, there still needs to be a vote and have discussion. Wiese stated he also felt it prompts the meeting and the Chair can address some that are in the audience on that particular topic. Moved by Emanuel, seconded by Wiese to recommend approval of the Bylaws as presented. Member Ridder asked if this would be retroactive in regards to terms served. After discussion, it was agreed from January, 2013. Roll Call Vote showed all members present voting aye – 9 ayes. Motion Carried.  Study Session Item: Tech Park Zoning Options Planning Director Harkins stated the Greater Fremont Development Council for some time has been in the process of developing and doing the marketing and platting materials for the Tech Park area north of 23rd Street. They are starting to do the recruitment of potential clients and finishing off all of their marketing materials. There has been discussions between the Board of GFDC and staff as well as members of the Council about how to best proceed with any potential platting and more particularly rezoning. Currently the area is zoned LI – Limited Industrial. Harkins stated this was done before his time and wasn’t sure if it was done years ago as part of the last update to the Zoning Ordinance. There are uses that go with that such as recycling, small amounts of contractor yards, etc. The concern from the GFDC standpoint, with one of their board members being present, Paul Gifford, who might be able to give more detail is that going forward as the Tech Park develops we don’t have uses that would be incompatible with what the desired and intended occupants are for that area. Several different options have been discussed. This is really just a discussion item to get the ball rolling and get feedback from the Planning Commission. One is an actual Tech Park type zoning district, one is to solely rely on covenants and the third one written in is to do a zoning overlay. A fourth option that could be looked at would be taking an existing zoning district like the Business Park and trying to modify that to fit the Tech Park area. Harkins gave examples to the Commission of what would work with each of these. Paul Gifford, GFDC member, added comments as well. Planning Director Harkins stated this was just to put the information on the table and get feedback from each of the Planning Commission members and a proposal will be forthcoming.  Study Session Item: Tax Increment Financing. Planning Director Harkins presented a slide presentation which he stated was to be an introduction to TIF (Tax Increment Financing). Harkins stated the Comp Plan talks about a public education element and after some of the discussions that have come about the last couple of months, he felt this would be a good opportunity to take a few minutes and walk through some of the basics of how Tax Increment Financing works. Harkins stated more information would be provided at a later date. Meeting adjourned at 6:14 p.m. 4