Planning Commission

MINUTES PLANNING COMMISSION REGULAR MEETING MAY 19, 2014 – 5:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Sookram, Members Barton, Fagan, Fooken, Ridder, Sawyer and Wiese, Planning Director Rian Harkins and Chief Building Inspector, Don Simon ABSENT: Member Emanuel Chairman Sookram called the meeting to order. Roll Call Vote was taken – 6 present. Chairman Sookram read a statement that this meeting was preceded by publicized notice in the Fremont Tribune and the agenda displayed in the lobby of the Municipal Building and posted online at www.fremontne.gov; and distributed to the Planning Commission, Mayor and City Council on May 19, 2014 and is open to the public. Chairman Sookram also stated a copy of the agenda was kept continually current and available to the public at 400 East Military, 3rd floor and a copy of the open meeting law is posted continually for public inspection located near the Council Chambers entrance door by the agendas. It was moved by Fooken, seconded by Sawyer, to dispense with the reading of the Minutes of the April 21, 2014 Regular Meeting and approve as received. Roll Call Vote showed all members present voting aye – 6 ayes. Motion approved. 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.  Consider request of Group Med Partnership to split part of Tax Lot 44, SE 1/4 of SW 1/4 of Section 9-17-8E into two lots. Moved by Fooken, seconded by Wiese to approve the lot split. Roll call vote showed all members present voting aye – 6 ayes. Motion approved.  Consider request by Group Med Partnership to combine part of Tax Lot 44, SE 1/4 of SW 1/4 of Section 9-17-8E into two lots. Moved by Fooken, seconded by Wiese to approve to combine lots. Roll call vote showed all members present voting aye – 6 ayes. Motion approved.  Consider request of Ron Vlach for a conditional use permit to allow for an oversized accessory building in RL zoning district. Article 7, Section 704. Sandra Cadwallader, 2494 W Military Ave, spoke against allowing the conditional use permit. She is concerned the building is too close to her lot line and worried about property values going down. She also stated that she only received her written notification of the meeting the same day as the meeting. 1 Rian Harkins, City Planning Director stated the applicant would have to go before the Board of Adjustments May 27 in order to apply for a variance in order to place the building where he wanted to, OR move the building to a different location on the ground. Richard Register, 509 W Military, spoke on behalf of the Isaak Walton League against approving the conditional use permit. Their concerns were property values decreasing and the building not being harmonious with the lake area. Ron Vlach, applicant explained how this is the third time he has tried to find a place for his building. The cemetery wants some of his land and a neighbor is looking at purchasing part of his land so he felt this was the best place for his building. It was moved by Sawyer and seconded by Fagan to approve the motion with the two stipulations - which were contingent upon the Board of Adjustments approving a variance for the location of the building or the building would have to be moved somewhere else on the lot. Roll call vote showed all members present voting aye. 6 – ayes. Motion approved.  Consider request of the Dodge County SID #2 for a waiver of Article V, Section F of the subdivision ordinance relating to street standards. Dave Mitchell, Attorney for the SID stated the membership believes that they would be improving their neighborhood and when and if annexation were to happen, the process would be easier as a result of this work. The scope of work would meet the minimum requirement of the NDOR. Troy Johnston, engineer with JEO Associates stated that the ditches will have a larger capacity for the volume of water it has to drain. He stated in his opinion it wouldn't be feasible to change what is currently working now to what the city requirements are. Bob Porter, resident spoke in favor of the waiver citing safety issues, too much dust from the gravel roads and he mentioned his ditch was already too steep to mow so if the paving made the ditches a little deeper it would not impact him. Brandi Cady, 3428 Sheryl, spoke in favor of the waiver. She stated she had premature twins at home and is concerned about the health issues all the dust may complicate. She also stated there are elderly people having to breathe the dust as well. Larry Andreasen, Chairman of the SID spoke in favor of the waiver. He stated he has lived there for 42 years, the ground is not level and difficult to take care of the roads with no help. The gravel gets into the ditches and hampers the drainage. He too mentioned the dust being a problem. It was moved by Wiese and seconded by Fagan to approve the waiver of 22 foot paved streets. Roll call vote showed all members present voting aye. 6 – ayes. Motion approved.  Public Hearing on the General Redevelopment Plan for the downtown area. It was moved my Fookan and seconded by Wiese to open the public hearing. Roll Call vote showed all members present voting aye. 6 – ayes. Motion approved. 2 City Planning Director Rian Harkins explained this was a general plan and any entity interested in the redevelopment plan would submit their own very detailed plans. This is a general plan to stimulate economic growth as talked about for the last 3 to 5 years. It was moved by Fooken and seconded by Wiese to close the public hearing. A Roll call vote showed all members present voting aye. 6 – ayes. Motion approved.  Consider request to approve the Downtown General Redevelopment Plan It was moved by Ridder and seconded by Sawyer to approve the Downtown General Redevelopment Plan. A Roll Call vote showed all members present, voting aye. 6 – ayes. Motion approved.  Public Hearing to approve a designation of blighted and substandard conditions for Morningside Road It was moved by Fooken and seconded by Fagan to open the public hearing to approve a designation of blighted and substandard conditions for Morningside Road. A roll call vote showed all members present voting aye. 6 – ayes. Motion approved. City Planning Director Rian Harkins explained Morningside Road study included properties inside the city limits as well as outside the city limits. He stated the commission had 5 options before them. They could defer any recommendation upon more information needed, recommend approval of the entire area, recommend approval of just the area inside the city limits, make no motion and it dies or recommend denial of the entire designation. GFDC has asked that this declaration be moved forward but without differentiating out of city limits and inside city limits it will be difficult to do. It was moved by Fooken, seconded by Ridder to close the public hearing. A roll call vote showed all members present voting aye. 6 – ayes. Motion approved.  Consider request to declare blighted and substandard conditions for Morningside Road It was moved by Ridder, seconded by Sawyer to approve this declaration subject to annexation. A Roll call vote showed all members present voting aye. 6 – ayes. Motion approved.  Public Hearing on the Morningside Road General Redevelopment Plan It was moved by Fooken and seconded by Wiese to open the Public Hearing on the Morninside Road General Redevelopment Plan. A roll call vote showed all members present voting aye. 6 – ayes. Motion approved. It was moved by Ridder and seconded by Sawyer to close the public hearing on Morningside Road General Redevelopment plan. A roll call vote showed all members present voting aye. 6- ayes. Motion approved.  Consider request to approve the Morningside Road General Redevelopment Plan It was moved by Fooken and seconded by Fagan to approve the motion subject to the City Council's blight declaration. A roll call vote showed all members present voting aye. 6-ayes Motion approved. Meeting adjourned 6:45pm 3 4