Planning Commission

MINUTES PLANNING COMMISSION REGULAR MEETING JUNE 16, 2014 – 5:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Sookram, Members, Fagan, Fooken, Sawyer, Winter, Emanuel and Wiese, Interim Planning Director Justin Zetterman and Chief Building Inspector, Don Simon ABSENT: Members Ridder and Barton Chairman Sookram called the meeting to order. Roll Call Vote was taken – 7 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 June 6, 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 Emanuel, to dispense with the reading of the Minutes of the May 19, 2014 Regular Meeting and approve with corrections made to number of members present. Roll Call Vote showed all members present voting aye – 7 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.  Approve minutes from the April 7, Special Planning Commission meeting. Moved by Fooken, seconded by Fagan to approve the minutes. Roll call vote showed all members present voting aye – 7 ayes. Motion approved.  Consider request by Dan DeMuth to re-plat Lot 12, Block 3 of Cambridge Square 1st Addition into two lots. Moved by Winter, seconded by Sawyer to approve to re-plat. Roll call vote showed all members present voting aye – 7 ayes. Motion approved.  Consider Richard and Cindy Horeis request to re-plat Umsteads W 60', Lots 3 & 4, Blk 6, and Umsteads S 60' of the E 90' and 14' Vac St Adj Lot 3, Blk, 6 and TL368. Moved by Wiese, seconded by Winter to approve the re-plat. Roll Call vote showed 6 members voting aye and Fooken voting nay. 5 ayes, 1 nay – motion approved.  Consider Bo Borisow's request to re-plat TL34, TL88 – 101708 into one lot. 1 Moved by Fooken, seconded by Sawyer to approve the re-plat with the condition that Board of Adjustments grants the variance on June 23. A roll call vote showed all members present voting aye – 6 ayes.  Consider Eric Bowman's request to re-plat Lot 3, 4, 5 and 6, together with the north 60' of lot 2, excepting the east 70' of the south 6' of the north 60' of said lot 2, all in blk 23, Abbott's Addition. Moved by Emanuel seconded by Sawyer to approve the re-plat subject to the Board of Adjustment granting a variance. Roll call vote showed all members present voting aye. 6 ayes.  Consider Eric Bowman's request to re-zone Lot 3, 4, 5 and 6, together with the north 60' of lot 2, excepting the east 70' of the south 6' of the north 60' of said lot 2, all in blk 23, Abbott's Addition from R2 to LI. Moved by Sawyer, seconded by Fagan to approve the re-zone. Roll call vote showed all members present voting aye. 6 – Ayes.  Consider request of Cyndi Whitten, of Shiloh Place, LLC to allow group care facility at 915 North H St as part of a conditional use permit in an R3 zoning district. Moved by Fooken, seconded by Emanuel to approve the conditional use permit. Roll call vote showed all members present voting aye. 6 – Ayes.  Consider request of Ron Vlach, Victory Lake Marine to erect an oversized accessory building as part of a conditional use permit. Richard Register, 509 W Military, spoke on behalf of the Isaak Walton League against approving the conditional use permit. He stated they didn't believe the building was for personal use, it is just too large. He also stated he wasn't certain the notification process was done correctly. Melissa Peterson, 2390 W Military Ave, Fremont Nebraska spoke against the permit stating she worried about property values declining, wildlife concerns, and the size of the building. 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 was certain the board members wives wouldn't want to look at that building all the time. David Dather, treasurer of the Isaak Walton League spoke against the conditional use permit. He stated there is a walking trail planned for the area beside where the building will go and doesn't believe it would be conducive to the area. Representative from Head Start spoke against the conditional use permit. She stated she works with the small children and they take hikes in the area to see the baby animals. She believes this wildlife would relocate if the building were allowed. Moved by Emanuel and seconded by Winter to approve the conditional use permit. Roll call vote showed 5 members voting aye – Fagan voted nay. 5 ayes – 1 nay – motion approved. 2   Public Hearing on the General Redevelopment Plan for the downtown area. It was moved by Fookan and seconded by Sawyer to open the public hearing. Roll Call vote showed 6 members voting aye. Member Winter did not vote – 6 ayes – Motion approved Interim City Planning Director Justin Zetterman asked for any public comment. There being none, it was moved by Fooken, seconded by Sawyer, to close the public hearing. Roll call vote showed all member present voting aye. 7 ayes. Motion approved. It was moved by Fooken and seconded by Wiese to close the public hearing. A Roll call vote showed all members present voting aye. 7 – Ayes. Motion approved.  Consider request to approve the Downtown General Redevelopment Plan It was moved by Fooken and seconded by Sawyer to approve the Downtown General Redevelopment Plan. A Roll Call vote showed all members present, voting aye. 7 – 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 Sawyer 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. 7 – Ayes. Motion approved. Interim City Planning Director, Justin Zetterman asked for public comment. Dave Mitchell, President of the GFDC, spoke in favor of designating the area blighted and substandard. He stated they were not aware that this had not already been formally declared in 2012 when the first study was done. They are asking the city again to do this as it will increase the inventory of investment properties. They understand there may some legal issues with blighting outside city limits but are asking for city support if in fact it is deemed legal. Member Fooken commented the entire area should be annexed and then declared blighted and substandard. Interim City Planning Director, Justin Zetterman said he believes we are operating under the assumption it is legal for the board to declare the area outside of city limits but in our extra territorial jurisdiction blighted as long as we stay within the 35% requirement. No TIF funds are available until the area is annexed. It was moved by Fooken, seconded by Sawyer to close the public hearing. Roll call vote showed all members present voting aye. 7 – Ayes. Motion approved.  Consider request to declare blighted and substandard conditions for Morningside Road It was moved by Winter, seconded by Fagan to approve this declaration of blight and substandard conditions for Morningside Road. Roll call vote showed all members present voting aye. 7 – Ayes - Motion carried.  Public Hearing to approve a designation of blighted and substandard conditions for 23rd and Bell. 3 It was moved by Fooken, seconded by Sawyer to open the public hearing. Roll call vote showed all members present voting aye. 7 – Ayes. Motion approved. No public comment It was moved by Fooken, seconded by Winter to close the public hearing. Roll call vote showed all members voting aye. 7 – Ayes. Motion approved.  Consider request to declare blighted and substandard conditions at 23rd and Bell. It was moved by Fooken and seconded by Fagan to approve the declaration of blighted and substandard conditions at 23rd and Bell. Roll call vote showed all members present voting aye. 7-ayes – Motion approved. Meeting adjourned 7:30pm 4