Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, JANUARY 19, 2015 STUDY SESSION: 4:30 P.M. - CITY COUNCIL CHAMBERS MEETING: 5:00 P.M. - CITY COUNCIL CHAMBERS 1. Meeting Called to Order. 2. Roll Call. 3. Reading of the Minutes of the December 15, 2014 Regular Meeting. 4. Public comment period. The general public is invited to address the Planning Commission regarding any item on this agenda. The overall and individual speaking time allotments may be limited by the Chair. 5. Consider request of Daniel Boyd, 1444 West 9th, Fremont Nebraska to erect covered deck at Summerhaven Lake, #14 (a cluster sub-division) of Dodge County, Fremont Nebraska. 6. Consider request of WAD Investments, LLC., 2650 N Rawhide Dr, Dodge County, Fremont Nebraska to preliminarily plat W.A.D. Subdivision known as TL45 and Part of TL44, Section 9, Township 17N Range 8E. 7. Consider request of WAD Investments, LLC., 2650 N Rawhide Dr. Dodge County, Fremont Nebraska to Create final plat of W.A.D. Subdivision known as TL45 and part of TL44 of Section 9, Township 17N, Range 8E. 8. Consider request of Billy Hubbell III, Kristen J. Hubbell, owners of 1638 North Nye Ave and request of Eric Johnson, owner, 1628 North Nye Ave, to re-plat. 9. Consider request of Rick and Mary Coates, 2235 N Nye Ave to re-zone from CC to R2. 10. Consider request of Yvonne B. Lueschen, 2211 N Nye Ave to re-zone from CC to R2. 11. Public Hearing on 1 and 6 year Street Improvement Plan. 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 JANUARY 14, 2015 AND IS OPEN TO THE PUBLIC. A COPY OF THE AGENDA WAS KEPT CONTINUALLY CURRENT AND AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE CITY PLANNER, 400 EAST MILITARY. A COPY OF THE OPEN MEETING LAW IS POSTED CONTINUALLY FOR PUBLIC INSPECTION LOCATED NEAR THE ENTRANCE DOOR BY THE AGENDAS. THE PLANNING COMMISSION RESERVES THE RIGHT TO ADJUST THE ORDER OF ITEMS ON THIS AGENDA.  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Request to erect a covered deck on #14 Summerhaven Lake. Recommendation: Move to approve the construction of the covered deck. Background: Daniel Boyd intends to construct a new covered deck at 645 South Ridge Road #14 on Summerhaven Lake. All construction activity on Summerhaven Lake requires that the applicant come before the City for approval. Findings: The proposed covered deck has been approved by the Summerhaven Lake Association. The approval email has been attached.  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Request to Preliminary Plat Tax Lot 45 and part of Tax Lot 44 of Section 9, Township 17N, Range 8E. Recommendation: Move to approve the Preliminary Plat of Tax Lot 45 and part of Tax Lot 44 of 9-17-8. Background: This preliminary plat is being requested by the owners of Tax Lot 45 and part of Tax Lot 44 of Section 9, Township 17N, Range 8E. This property is located on West 23rd Street to the west of the airport with a connection in the northwest corner to Business Park Drive. The property is zoned General Industrial. Both proposed lots are fully served by municipal utilities. Findings: A comment letter from the City to the owner’s engineer is attached. All comments have been satisfactorily met or will be met prior to going to City Council. The proposed preliminary plat will be in compliance with the requirements of the GI – General Industrial zoning and the Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow. 400 East Military Avenue, Fremont, NE 68025-5141 January 9, 2015 Mr. Steve Dodd 402 North D Street PO Box 1855 Fremont, NE 68026-1855 RE: W.A.D. Subdivision Plat Submittal Mr. Dodd, Below is a list of the comments by the City of Fremont for the W.A.D. Subdivision submittal. Preliminary Plat: • A 10’ utility easement is required running from W 23rd Street north to the north line of Lots 3, 4 or 5 to tie the proposed easement along said north lines to the existing utilities along West 23rd Street. • The zoning listed for the property should be change from GC to GI – General Industrial • I am unsure what the 50’ wide portion of ground along the east edge of Lot 1 tying into W 23rd Street is to be used for. If this is meant to be a future right-of-way it will need to be increased to 65’ to meet the minimum requirements for an industrial street. Both Preliminary and Final Plats: • A 10’ utility easement is required running from W 23rd Street north to the north line of Lot 2 to tie the proposed easement along said north line to the existing utilities along W 23rd Street. The City preference would be for this to be placed on the west line of proposed Lot 2. • An existing easement along the north right-of-way line of W 23rd Street is labeled as 10’ wide on the Final Plat and 20’ wide on the Preliminary Plat. Please correct the plat that has the error. • The portion of land directly west of Lot 1, Fremont West Business Park and east of Business Park Drive is the right-of-way for Rawhide Drive. Please label the right-of-way. • Right-of-way widths for Rawhide Drive and Business Park Drive should be shown on the plats. • To minimize the number of driveway connections to Business Park Drive, it would be preferred that access to Lot 1 come from Rawhide Drive. This will require a 25’ setback along the Rawhide Drive frontage. Given the possibility of access from Business Park Drive, the 25’ setback along Business Park Drive should remain. • Tax Lot 44 was subdivided by instrument number 201402624 into Parcel 1 (north) and Parcel 2 (south). Please add labels for Parcel 1 and Parcel 2. Please provide updated copies of the proposed plats as soon as possible. If possible, we would like to receive 2 copies of the final plat signed by you and the owners prior to the Planning Commission meeting on January 19th. This will speed up the process of recording the plat. Thank you for your assistance. Sincerely, Justin Zetterman City Engineer / Interim Planning Director Public Works Department ∙ Phone: 402.727.2638 ∙ Fax: 402.727.2659  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Request to Final Plat Tax Lot 45 and part of Tax Lot 44 of Section 9, Township 17N, Range 8E. Recommendation: Move to approve the Final Plat of Tax Lot 45 and part of Tax Lot 44 of 9-17-8. Background: This final plat is being requested by the owners of Tax Lot 45 and part of Tax Lot 44 of Section 9, Township 17N, Range 8E. This property is located on West 23rd Street to the west of the airport with a connection in the northwest corner to Business Park Drive. The property is zoned General Industrial. Both proposed lots are fully served by municipal utilities. Findings: A comment letter from the City to the owner’s engineer is attached. All comments have been satisfactorily met or will be met prior to going to City Council. The proposed final plat will be in compliance with the requirements of the GI – General Industrial zoning and the Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow. 400 East Military Avenue, Fremont, NE 68025-5141 January 9, 2015 Mr. Steve Dodd 402 North D Street PO Box 1855 Fremont, NE 68026-1855 RE: W.A.D. Subdivision Plat Submittal Mr. Dodd, Below is a list of the comments by the City of Fremont for the W.A.D. Subdivision submittal. Preliminary Plat: • A 10’ utility easement is required running from W 23rd Street north to the north line of Lots 3, 4 or 5 to tie the proposed easement along said north lines to the existing utilities along West 23rd Street. • The zoning listed for the property should be change from GC to GI – General Industrial • I am unsure what the 50’ wide portion of ground along the east edge of Lot 1 tying into W 23rd Street is to be used for. If this is meant to be a future right-of-way it will need to be increased to 65’ to meet the minimum requirements for an industrial street. Both Preliminary and Final Plats: • A 10’ utility easement is required running from W 23rd Street north to the north line of Lot 2 to tie the proposed easement along said north line to the existing utilities along W 23rd Street. The City preference would be for this to be placed on the west line of proposed Lot 2. • An existing easement along the north right-of-way line of W 23rd Street is labeled as 10’ wide on the Final Plat and 20’ wide on the Preliminary Plat. Please correct the plat that has the error. • The portion of land directly west of Lot 1, Fremont West Business Park and east of Business Park Drive is the right-of-way for Rawhide Drive. Please label the right-of-way. • Right-of-way widths for Rawhide Drive and Business Park Drive should be shown on the plats. • To minimize the number of driveway connections to Business Park Drive, it would be preferred that access to Lot 1 come from Rawhide Drive. This will require a 25’ setback along the Rawhide Drive frontage. Given the possibility of access from Business Park Drive, the 25’ setback along Business Park Drive should remain. • Tax Lot 44 was subdivided by instrument number 201402624 into Parcel 1 (north) and Parcel 2 (south). Please add labels for Parcel 1 and Parcel 2. Please provide updated copies of the proposed plats as soon as possible. If possible, we would like to receive 2 copies of the final plat signed by you and the owners prior to the Planning Commission meeting on January 19th. This will speed up the process of recording the plat. Thank you for your assistance. Sincerely, Justin Zetterman City Engineer / Interim Planning Director Public Works Department ∙ Phone: 402.727.2638 ∙ Fax: 402.727.2659  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Request to replat of Lot 2, Block 10 Nye Hawthorne Addition to the City of Fremont. Recommendation: Move to approve the replat of Lot 2, Block 10 Nye Hawthorne Addition. Background: This replat is being requested by Bill and Kristin Hubell and Eric Johnson, owners of the properties at 1638 North Nye Avenue and 1628 North Nye Avenue. The intention of this replat is to create a larger backyard for the property located 1638 North Nye Avenue. The properties are zoned R-1 Single-Family Residential. After the replat, both lots will still exceed the minimum required area for an R-1 zoning district. Both lots currently do not meet the minimum lot width requirement of 75 feet. Findings: The proposed preliminary plat will be in compliance Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow.  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Request to Rezone Tax Lot 43 of Section 14, Township 17N, Range 8E and Tax Lot 3 of Section 15, Township 17N, Range 8E from CC Community Commercial to R-2 Moderate Density Residential. Recommendation: Move to approve the Rezoning of Tax Lot 43 of Section 14, Township 17N, Range 8E and Tax Lot 3 of Section 15, Township 17N, Range 8E from CC Community Commercial to R-2 Moderate Density Residential. Background: This lot, located at 2235 N Nye Street, is owned by Rick and Mary Coates. The property is currently zoned CC Community Commercial making the residence a non-conforming use under the current zoning code. As a non-conforming use, it can be more difficult to obtain financing for the purchase of the property and the zoning code prohibits reconstruction of the non-conforming use should it be damaged at a cost that exceeds 60% of the homes value. The rezoning of the property, along with rezoning 2211 North Nye Avenue will make the rezoned properties contiguous with the R-2 zoning directly to the south along North Nye Avenue. The future land use plan for this area is designated as Suburban Village. This designation includes the following development types: Mixed Use, Attached Residential Dwellings, Live/Work Units, Commercial Retail, Office, Public/Institutional, Entertainment, Parking Structures, Parks, Plazas and civic spaces. The current use of the land would be categorized as a detached residential dwelling. Findings: The proposed rezoning will not be in compliance with the Future Land Use Plan, and thus is not in conformance with the Comprehensive Plan, Blueprint for Tomorrow. It is staff’s opinion that creating a conforming use for this property outweighs the small difference between a detached and attached residential dwelling.  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Request to Rezone Tax Lot 44 of Section 14, Township 17N, Range 8E and Tax Lot 4 of Section 15, Township 17N, Range 8E from CC Community Commercial to R-2 Moderate Density Residential. Recommendation: Move to approve the Rezoning of Tax Lot 43 of Section 14, Township 17N, Range 8E and Tax Lot 3 of Section 15, Township 17N, Range 8E from CC Community Commercial to R-2 Moderate Density Residential. Background: This lot, located at 2211 N Nye Street, is owned by Yvonne Leuschen. The property is currently zoned CC Community Commercial making the residence a non-conforming use under the current zoning code. As a non-conforming use, it can be more difficult to obtain financing for the purchase of the property and the zoning code prohibits reconstruction of the non-conforming use should it be damaged at a cost that exceeds 60% of the homes value. The rezoning of the property will make the rezoned property contiguous with the R-2 zoning directly to the south along North Nye Avenue. The future land use plan for this area is designated as Suburban Village. This designation includes the following development types: Mixed Use, Attached Residential Dwellings, Live/Work Units, Commercial Retail, Office, Public/Institutional, Entertainment, Parking Structures, Parks, Plazas and civic spaces. The current use of the land would be categorized as a detached residential dwelling. Findings: The proposed rezoning will not be in compliance with the Future Land Use Plan, and thus is not in conformance with the Comprehensive Plan, Blueprint for Tomorrow. It is staff’s opinion that creating a conforming use for this property outweighs the small difference between a detached and attached residential dwelling.  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: January 14, 2015 SUBJECT: Review of the 2015 One and Six Year Plan. Recommendation: Staff recommends finding the 1 & 6 Year Street Plan in conformance with the Comprehensive Plan. Background: This is an annual process used to further identify specific street projects that the City will undertake over the next few years. This is required by the State of Nebraska in order to utilize state/federal money for projects and to utilize gas tax revenue. Findings: The proposed One and Six Year Plan is in conformance with the transportation element of the comprehensive plan.  M-291(916) FREMONT, NEBRASKA ONE AND SIX YEAR PLAN M-291(192) FISCAL YEAR 2015-2020 LEGEND --CITY LIMITS M-291(912) --ONE YEAR --SIX YEAR M-291(911) M-291(213) M-291(195) M-291(214) M-291(164) M-291(904) M-291(918) M-291(903) M-291(212) M-291(215) M-291(175) M-291(209) M-291(904) M-291(216) M-291(224) M-291(198) M-291(918) M-291(918) M-291(226) M-291(205) M-291(915) M-291(914) M-291(919) M-291(918) M-291(219) M-291(918) M-291(917) M-291(177) M-291(217) M-291(902) M-291(186) M-291(182) M-291(919) M-291(220) M-291(211) M-291(218) M-291(204)