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Planning Commission

Regular Meeting

Fremont, NE · November 17, 2014

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Minutes

MINUTES PLANNING COMMISSION REGULAR MEETING NOVEMBER 17, 2014 – 5:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Sookram, Members, Fooken, Wiese, Ridder, Barton, Sawyer, Fagan, and Emanuel, Interim Planning Director Justin Zetterman and Chief Building Inspector, Don Simon, Public Works Director, Dave Goedeken ABSENT: Member Winter Chairman Sookram called the meeting to order. Roll Call Vote was taken – 8 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 November 14, 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 October 20th, 2014 regular meeting and approve as distributed. Roll Call Vote showed all members present voting aye – 8 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 Doug Ritthaler, Representative of Ritz Lake, to re-plat Lots 6 -14, Block 4, Ritz Lake Addition, Dodge County, Fremont Nebraska into ten lots. It was moved by Sawyer and seconded by Emanuel to approve. A roll call vote showed all members present voting aye. 8-Ayes. Motion Approved.  Consider annexation of out lot "C" of Ritz Lake Addition, Dodge County, Fremont Nebraska. It was moved by Emanuel and seconded by Ridder to approve. A roll call vote showed all members present voting aye. – 8 Ayes – Motion approved. 1  Consider annexation of Brooks Hollow Addition, Dodge County, Fremont Nebraska. It was moved by Fagan and seconded by Sawyer to approve. A roll call vote showed all members present voting aye. – 8 ayes – Motion approved.  Consider request of Jill Crithfield, 114 East Military Ave, Dodge County, Fremont Nebraska to allow a conditional use permit for a downtown residential use in a downtown commercial zoning district. It was moved by Ridder and seconded by Barton to approve. A roll call vote showed all members present voting aye. 8 ayes – Motion approved. Meeting Adjourned. 2

Agenda

STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: November 12, 2014 SUBJECT: Request to replat Ritz Lake Addition, Lots 6-14, Block 4 into 10 lots. Recommendation: Move to approve the replat Ritz Lake Addition, Lots 6-14, Block 4 Background: The re-plat is being requested by the existing owner of Lots 6-14, Block 4, Ritz Lake Addition, City of Fremont, Nebraska. The owner is proposing to replat the above referenced 9 lots into 10 lots. The lots sit within a MU – Mixed Use zoning district and is surrounded on all four sides by AG zoned parcels. Findings: The proposed re-plat will be in compliance with the requirements of the LI Limited Industrial zoning and the Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow. All lots created by this replat meet the minimum lot size restrictions spelled out in the Mixed Use Agreement for Ritz Lake Addition. Staff Report TO: Planning Commission FROM: Justin Zetterman, City Engineer / Interim Planning Director DATE: October 10, 2014 SUBJECT: Annexation of the remainder of Ritz Lake – Phase I Recommendation: Make recommendation to approve the annexation Background: The City of Fremont requests the annexation of property located in the NW ¼ of Section 7, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, more particularly described below. This tract of land represents the remainder of the first phase of the Ritz Lake development. The Developer and Project Engineer are in support of this annexation. COMMENCING AT THE SOUTHEAST CORNER OF OUTLOT “C”, RITZ LAKE ADDITION, SAID POINT BEING THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 17 NORTH, RANGE 9 EAST OF THE 6TH P.M., SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY ON THE SOUTH LINE OF SAID OUTLOT “C”, SAID LINE BEING THE SOUTH LINE OF SAID NORTHWEST QUARTER ON AN ASSUMED BEARING OF S89°59'40"W, A DISTANCE OF 2,627.53' TO THE SOUTHWEST CORNER OF SAID OUTLOT “C”, SAID POINT BEING ON A EAST RIGHT-OF-WAY LINE OF LUTHER ROAD; THENCE N00°01'47"E, ON A WEST LINE OF SAID OUTLOT “C”, SAID LINE BEING A EAST LINE OF SAID RIGHT-OF-WAY, SAID LINE ALSO BEING 75.00’ EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 49.95' TO A NORTH CORNER OF SAID OUTLOT “C”; THENCE N89°59'18"E, ON A NORTH LINE OF SAID OUTLOT “C”, A DISTANCE OF 488.08' TO A NORTH CORNER OF SAID OUTLOT “C”; THENCE N36°55'07"E, ON A NORTHWEST LINE OF SAID OUTLOT “C”, A DISTANCE OF 176.75' TO A WEST CORNER OF SAID OUTLOT “C”; THENCE N53°04'53"W, ON A SOUTHWEST LINE OF SAID OUTLOT “C”, A DISTANCE OF 135.00' TO A WEST CORNER OF SAID OUTLOT “C”, SAID POINT BEING ON A SOUTHEAST RIGHT-OF-WAY LINE OF RITZ PLACE; THENCE N36°55'07"E, ON A NORTHWEST LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTHEAST LINE OF SAID RIGHT-OF- WAY, A DISTANCE OF 15.00' TO A NORTH CORNER OF SAID OUTLOT “C”, SAID POINT BEING ON A SOUTHWEST RIGHT-OF-WAY LINE OF BRYAN SHORE DRIVE; THENCE S53°04'53"E, ON A NORTHEAST LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTHWEST LINE OF SAID RIGHT-OF- WAY, A DISTANCE OF 122.50' TO A POINT OF CURVATURE OF A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A CENTRAL ANGLE OF 36°55'27", A RADIUS OF 527.50', AN ARC LENGTH OF 339.95' ON A NORTH LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTH LINE OF SAID RIGHT- OF-WAY, A CHORD LENGTH OF 334.09', A TANGENT LENGTH OF 176.11', AND A CHORD BEARING OF S71°32'36"E, TO A POINT; THENCE N89°59'40"E, ON A NORTH LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTH LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 1,184.26' TO A POINT OF CURVATURE OF A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A CENTRAL ANGLE OF 03°40'27", A RADIUS OF 647.50', AN ARC LENGTH OF 41.52' ON A NORTH LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTH LINE OF SAID RIGHT-OF-WAY, A CHORD LENGTH OF 41.52', A TANGENT LENGTH OF 20.77', AND A CHORD BEARING OF N88°09'27"E, TO A POINT; THENCE N86°19'13"E, ON A NORTH LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTH LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 141.71' TO A POINT OF CURVATURE OF A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A CENTRAL ANGLE OF 88°32'35", A RADIUS OF 297.50', AN ARC LENGTH OF 459.75' ON A NORTHWEST LINE OF SAID OUTLOT “C”, SAID LINE BEING A SOUTHEAST LINE OF SAID RIGHT-OF-WAY, A CHORD LENGTH OF 415.35', A TANGENT LENGTH OF 290.03', AND A CHORD BEARING OF N42°02'56"E, TO A POINT; THENCE N02°13'22"W, ON A WEST LINE OF SAID OUTLOT “C”, SAID LINE BEING A EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 244.18' TO A POINT OF CURVATURE OF A CURVE IN A CLOCKWISE DIRECTION HAVING A CENTRAL ANGLE OF 02°04'02", A RADIUS OF 552.50', AN ARC LENGTH OF 19.94' ON A WEST LINE OF SAID OUTLOT “C”, SAID LINE BEING A EAST LINE OF SAID RIGHT-OF-WAY, A CHORD LENGTH OF 19.93', A TANGENT LENGTH OF 9.97', AND A CHORD BEARING OF N01°11'20"W, TO A POINT; THENCE N00°09'19"W, ON A WEST LINE OF SAID OUTLOT “C”, SAID LINE BEING A EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 642.42' TO A POINT; THENCE N89°51'26"E, A DISTANCE OF 79.99' TO A POINT OF INTERSECTION WITH AN EAST LINE OF SAID OUTLOT “C”; THENCE S00°08'34"E, ON A EAST LINE OF SAID OUTLOT “C”, SAID LINE BEING A EAST LINE OF THE NORTH HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 6.57' TO THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID NORTHWEST QUARTER; THENCE S00°09'19"E, ON A EAST LINE OF SAID OUTLOT “C”, SAID LINE BEING THE EAST LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER, A DISTANCE OF 1,323.78' TO THE POINT OF BEGINNING, SAID TRACT CONTAINS A CALCULATED AREA 379,753.29 SQUARE FEET OR 8.72 ACRES, MORE OR LESS. Findings: The proposed annexation meets the Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow. Staff Report TO: Planning Commission FROM: Justin Zetterman, City Engineer / Interim Planning Director DATE: October 10, 2014 SUBJECT: Annexation of the Brooks Hollow Addition Recommendation: Make recommendation to approve the annexation Background: The City of Fremont requests the annexation of property located in the SW1/4 SW1/4 of Section 18, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, more particularly described below. The Developer and Project Engineer are in support of this annexation. A PARCEL OF LAND LOCATED IN THE SW1/4 OF THE SW1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 9 EAST OF THE 6TH P.M., DODGE COUNTY NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMENCING AT THE SOUTHWEST CORNER OF SAID SW ¼ OF THE SW ¼; THENCE N89°53’10”E (ASSMED BEARING) ALONG THE SOUTH LINE OF SAID SW ¼ OF THE SW ¼ A DISTANCE OF 25.00 FEET TO THE EAST LINE OF LUTHER ROAD AND THE POINT OF BEGINNING; THENCE N00°03’55”E ALONG THE EAST LINE OF LUTHER ROAD A DISTANCE OF 756.14 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF BRENTWOOD PARK FOURTH ADDITION; THENCE N89°58’27”E ALONG THE SOUTH LINE OF BRENTWOOD PARK FOURTH ADDITION AND THE WESTERLY EXTENSION THEREOF A DISTANCE OF 369.19 FEET; THENCE S00°01’33”E A DISTANCE OF 55.53 FEET; THENCE S58°58’49”E A DISTANCE OF 69.54 FEET; THENCE S27°56’28”E A DISTANCE OF 96.64 FEET; THENCE S07°56’01”E A DISTANCE OF 100.70 FEET; THENCE S26- °02’42”W A DISTANCE OF 98.57 FEET; THENCE S69°58’19”E A DISTNACE OF 124.62 FEET; THENCE S68°15’13”E A DISTANCE OF 55.03 FEET; THENCE S75°01’34”E A DISTANCE OF 76.34 FEET; THENCE S00°06’50”E A DISTANCE OF 137.10 FEET; THENCE S12°17’59”E A DISTANCE OF 56.27’; THENCE S00°06’50”E A DISTANCE OF 115.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SW ¼ OF THE SW ¼ ; THENCE S89°53’10”W ALONG SIAD SOUTH LINE A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING; CONTAINING 9.69 ACRES, MORE OR LESS. Findings: The proposed annexation meets the Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow. FINAL PLAT OF Brooks Hollow Addition TO THE CITY OF FREMONT, NEBRASKA. PART OF THE SW1/4 SW1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 9 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA. 5 22 4 20 21 19 3 1 C K O BL 2 18 16 17 1 11 15 3 4 O CK CK L O 14 B 13 12 BL9 7 Email: Steve@doddengineering.net 402 North D St., P.O. Box 1855 6 4 Fremont, NE 68026-1855 C K 2 L O C K5 4 3 2 1 26 B O Ph. 402-727-9067 BL Stephen W. Dodd, P.E. & L.S. Brooks Hollow Addition TO THE CITY OF FREMONT DODGE COUNTY, NEBRASKA FINAL PLAT STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, City Engineer / Interim Planning Director DATE: November 12, 2014 SUBJECT: Request to approve a conditional use permit to allow for Downtown Residential use in a Downtown Commercial Zoning District. Recommendation: Staff recommends approval of the Conditional Use Permit Background: This request is for an existing building located at 114 East Military Avenue, the Dragonfly building. The owner, Jill Crithfield would like to have a business on the first floor of the building and use the upper floors as a residence. The area is zoned DC – Downtown Commercial, as is all ground immediately adjacent. A Downtown Residential Use, defined as “The use of upper levels above street level of a building within the Central Business District of the City of Fremont for single or multi-family residential uses”, is allowed at this location by Conditional Use Permit. Downtown Residential uses are only allowed within the area defined as the “Main Street Fremont Plan Area as set forth in the City’s 1999 Comprehensive Development Plan”. This particular parcel resides within this area. Findings: The proposed conditional use will be in compliance with the requirements of the DC – Downtown Commercial zoning district as well as meeting the intent of the Future land Use Plan, and is in conformance with the proposed Comprehensive Plan, Blueprint for Tomorrow. CRITERIA Compliance Land Use Compatibility Development Density Site area per unit or floor area ratio should be similar to Yes surrounding uses if not separated by major natural or artificial features. Height and Scale Height and Bulk Development should minimize differences in height and Yes building size from surrounding structures. Differences should be justified by urban design considerations. Setbacks Development should respect pre-existing setbacks in Yes surrounding area. Variations should be justified by site or operating characteristics. Building Coverage Building coverage should be similar to that of surrounding Yes development of possible. Higher coverage should be mitigated by landscaping or site amenities. Site Development Frontage Project frontage along a street should be similar to lot width. Yes Parking and Internal Parking should serve all structures with minimal conflicts Yes Circulation between pedestrians and vehicles. All structures must be accessible to public safety vehicles. Yes Development must have access to adjacent public streets and Yes ways. Internal circulation should minimize conflicts and congestion at public access points. Landscaping Landscaping should be integral to the development, Yes providing street landscaping, breaks in uninterrupted paved areas, and buffering where required by surrounding land uses. Parts of site with sensitive environmental features or natural drainage ways should be preserved. Building Design Architectural design and building materials should be Yes compatible with surrounding areas or highly visible locations Operating Characteristics Traffic Capacity Project should not obstruct traffic on adjacent streets. Yes Compensating improvements will be required to mitigate impact on street system operations. External Traffic Effects Project design should direct non-residential traffic away Yes from residential areas. Operating Hours Projects with long operating hours must minimize effects on Yes surrounding residential areas. Outside Storage Outside storage areas must be screened from surrounding Yes streets and less intensive land uses. Public Facilities Sanitary Waste Disposal Developments within 500 feet of a public sanitary sewer Yes must connect to sewer system. Individual disposal systems, if permitted, shall not adversely affect public health, safety, or welfare. Sanitary sewer must have adequate capacity to serve Yes development. Utilities Project must be served by utilities. Yes Rural estate subdivisions should be located in designated NA areas which can accommodate utility and infrastructure installation consistent with the need to protect the environment and public health. Comprehensive Plan Projects should be consistent with the City of Fremont’s Yes Comprehensive Development Plan.

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