Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, FEBRUARY 16, 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 January 19, 2015 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 Paul Knapp, 2263 Stork, Dodge County, Fremont, Nebraska, to re-plat Lots 4 & 5, Block 2, of the Deerfield Subdivision into 1 lot. 6. Consider request of Dirk Daubert, 119 East Deborah, along with Dennis and Sheila Bracht, 120 East Deborah Dodge County, Fremont Nebraska to preliminarily plat Part of TL 76 in the NE 1/4 of the NE 1/4 of the SW 1/4 of Section 2, Township 17 North, Range 8 E of the 6th P.M. Dodge County, Fremont Nebraska. 7. Consider request of Dirk Daubert, 119 East Deborah, along with Dennis and Sheila Bracht, 120 East Deborah, Dodge County, Fremont Nebraska to create a final plat of TL 76 in the NE 1/4 of the NE 1/4 of the SW 1/4 of Section 2, Township 17 North, Range 8 E of the 6th P.M. Dodge County, Fremont Nebraska. 8. Consider request of Molacek Investments, LLC, 1342 Maplewood Dodge County Fremont Nebraska to re-plat Fremont North Business Park, Lot 5 into Lot 5A and Lot 5B. 9. Consider request of Delta Plaza, LLC 49 West 37th St, New York, NY to re-plat Rodamar Addition, Lot 1 and 4, Re-plat One, Dodge County, Fremont Nebraska. 10. Consider request of Chris and Maureen Zavadil, 1635 Parkview Drive, Dodge County, Fremont Nebraska to re-plat parts of Lots 3, 4, 5 and 6, Block 204, Original Town, Dodge County, Fremont, Nebraska. 11. Consider request of First Christian Church, 1041 N Nye Ave, along with David and Kimberly Mitchell, 1129 North Nye, Dodge County, Fremont Nebraska, to re-plat Reynold's Addition, Re-Plat 3 of Part of Block 71, Dodge County, Fremont Nebraska. 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 FEBRUARY 6, 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: February 9, 2015 SUBJECT: Request to Replat Lots 4 & 5, Block 2, of Deerfield Subdivision into 1 Lot. Recommendation: Move to recommend approval of the replat of Lots 4 & 5, Block 2, of Deerfield Subdivision. Background: This replat is being requested by Paul Knapp, owner of 2263 Stork Street. The property owner owns the lot adjacent to his current residence and would like to plat the two lots into a single lot. The property is zoned R-1 – Single Family Residential. The Department of Utilities has reviewed the plat for these two lots and has made the following comments: the sewer service must be capped off for Lot 4, Block 2, Deerfield Subdivision and the water service must be capped off as well, or it could be used for irrigation if a meter was placed on the service line. These comments have been provided to the property owner. Findings: A comment letter from the City has been sent to the property owner.. The proposed replat will be in compliance with the R-1 – Single Family Residential zoning and the 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: February 9, 2015 SUBJECT: Request to Preliminary Plat Part of Tax Lot 76 in the NE ¼ of the NE ¼ of the SW ¼ of Section 2, Township 17 North, Range 8 East of the 6 th P.M., Dodge County, NE. Recommendation: Move to recommend approval of the Preliminary Plat of Part of Tax Lot 76 of 2-17-8 with the condition of adding an additional utility easement along the shared lot line of Lots 2 & 3. Background: This preliminary plat is being requested by Dirk Daubert, owner of 119 E Deborah and Dennis and Sheila Bracht, owners of 120 E Deborah. This preliminary plat is located on E Deborah Street to the east of Sapp Brothers off of N Broad Street. This plat will divide the existing properties into 4 platted lots as well as extend Deborah Street to the east to service these lots. Along with the street, extensions of a water main and sanitary sewer main will be required to serve these lots. The property is zoned GI - General Industrial. All comments made by Staff have been addressed. Findings: 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. Zetterman, Justin From: Zetterman, Justin Sent: Monday, February 09, 2015 1:44 PM To: 'dirkd@daubertconstruction.com'; 'Steve Dodd' Subject: RE: Daubert Subdivision I apologize, I forgot to mention the size of the easement. They are requesting a total of 20’. This can be centered on the lot line or one lot or the other. Thank you, Justin Zetterman, P.E. City Engineer / Interim Planning Director City of Fremont, NE Ph: 402.727.2638 M: 402.317.1474 From: Zetterman, Justin Sent: Monday, February 09, 2015 11:07 AM To: 'dirkd@daubertconstruction.com'; Steve Dodd Subject: Daubert Subdivision Dirk & Steve, The Department of Utilities has reviewed your plats for Daubert Subdivision. There only comment is requesting a utility easement along the north line Lot 3 or along the south line of Lot 2, within the drainage easement to allow them to in the future extend a water main to the east. Please make this change. I will be putting packets together today for the Planning Commission meeting so this will just be a condition on approval of the plats and will need to be completed before we go to City Council. I apologize that we will have to sign the plat again. Thank you, Justin Zetterman, P.E. City Engineer / Interim Planning Director Ph: 402.727.2638 M: 402.317.1474 Fx: 402.727.2659 400 E. Military Ave Fremont, NE 68025 www.fremontne.gov 1  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: February 9, 2015 SUBJECT: Request to Final Plat Part of Tax Lot 76 in the NE ¼ of the NE ¼ of the SW ¼ of Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, NE. Recommendation: Move to recommend approval of the Final Plat of Part of Tax Lot 76 of 2-17-8 with the condition of adding an additional utility easement along the shared lot line of Lots 2 & 3. Background: This final plat is being requested by Dirk Daubert, owner of 119 E Deborah and Dennis and Sheila Bracht, owners of 120 E Deborah. This final plat is located on E Deborah Street to the east of Sapp Brothers off of N Broad Street. This plat will divide the existing properties into 4 platted lots as well as extend Deborah Street to the east to service these lots. Along with the street, extensions of a water main and sanitary sewer main will be required to serve these lots. The property is zoned GI - General Industrial. All comments made by Staff have been addressed. Findings: 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. Zetterman, Justin From: Zetterman, Justin Sent: Monday, February 09, 2015 1:44 PM To: 'dirkd@daubertconstruction.com'; 'Steve Dodd' Subject: RE: Daubert Subdivision I apologize, I forgot to mention the size of the easement. They are requesting a total of 20’. This can be centered on the lot line or one lot or the other. Thank you, Justin Zetterman, P.E. City Engineer / Interim Planning Director City of Fremont, NE Ph: 402.727.2638 M: 402.317.1474 From: Zetterman, Justin Sent: Monday, February 09, 2015 11:07 AM To: 'dirkd@daubertconstruction.com'; Steve Dodd Subject: Daubert Subdivision Dirk & Steve, The Department of Utilities has reviewed your plats for Daubert Subdivision. There only comment is requesting a utility easement along the north line Lot 3 or along the south line of Lot 2, within the drainage easement to allow them to in the future extend a water main to the east. Please make this change. I will be putting packets together today for the Planning Commission meeting so this will just be a condition on approval of the plats and will need to be completed before we go to City Council. I apologize that we will have to sign the plat again. Thank you, Justin Zetterman, P.E. City Engineer / Interim Planning Director Ph: 402.727.2638 M: 402.317.1474 Fx: 402.727.2659 400 E. Military Ave Fremont, NE 68025 www.fremontne.gov 1  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: February 9, 2015 SUBJECT: Request to replat Lot 5, Fremont North Business Park into 2 lots. Recommendation: Move to recommend approval of replatting Lot 5, Fremont North Business Park into 2 lots. Background: This replat is being requested by Molacek Investments, 1342 Maplewood Drive, Fremont, NE. This replat will simply split existing platted Lot 5, Fremont North Business Park into 2 lots, 5A and 5B. The existing ground is zoned GI – General Industrial. Findings: The proposed replatt is in compliance with the GI – General Industrial zoning district and 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: February 9, 2015 SUBJECT: Request to replat Lots 1 & 4, Rodamar Addition Replat 1. Recommendation: Move to recommend approval of replatting Lots 1 & 4, Rodamar Addition Replat 1 subject to staff conditions. Background: This replat is being requested by Delta Plaza, LLC, owner of the Fremont Mall, 860 E 23rd Street. The replat will increase the size of existing Lot 4, Rodamar Addition Replat 1. The existing ground is zoned CC – Community Commercial with a Planned Development District overlay. The City Council has tasked the Public Works Department with investigating alternatives to connect Bell and Yager Streets in the vicinity of 23rd Street. Some of these alternatives involve extending Bell Street north of 23rd and connecting with Yager Street via an s-curve through the mall parking lot. The current east lot line of Lot 4 Rodamar Addition Replat 1 and subsequently the east line of proposed Lot 2 Rodamar Addition Replat 2 sits within the area of future right-of-way that would be required to construct this alternative. To that end, the following requests have been made of the developer: 1. Shift the entire proposed Lot 2 Rodamar Addition Replat 2 to the west 8.5 feet. This shift would provide enough room for a future right-of-way acquisition to extend Bell Street to the north. The applicant objects this request as it may imply that they are lending support to an alignment alternative for the Bell/Yager project that they strongly do not support. 2. Along with the shifting of the lot, the City has requested a 15’ setback be placed on the east line of the proposed Lot 2 to function as a future street yard setback. For the same reason, the applicant objects this request. As an alternative, the City suggested simply a 23’ setback along the east line of proposed Lot 2. For the same reason given above, the applicant does not support this alternative. Additional comments were made on this plat as listed below: 3. Adding a 25’ setback along the south line of proposed Lot 2 adjacent to 23 rd Street. The applicant has agreed to this. 4. The dedication of 7’ of right-of-way along the east line of proposed Lot 1 to provide additional space for any future widening of Yager Road. The applicant has agreed to this. 5. The addition of a note on the plat stating that no access to 23rd Street will be permitted from proposed Lot 2. No comment on this has been received from the applicant. Additionally it was pointed out to the applicant that sanitary sewer service does not currently exist for proposed Lot 2. The applicant will be responsible for extending service to this lot at such time as development takes place. There is an existing public main along the east side of Yager Road that could be connected to and either brought through the right-of-way of 23rd Street or an easement could be added to the plat north of Lot 5 Rodamar Addition Replat 1 to allow for this future connection. Conditions: 1. Lot 2 be shifted 8.5 feet to the west. 2. A 15’ setback be added to the east line of Lot 2. 3. A 25’ setback be added to the south line of Lot 2. 4. The dedication of 7’ of right-of-way along the east line of Lot 1. 5. The addition of a note specifying that no access to 23rd Street from Lot 2 will be permitted. Findings: The proposed replat is in compliance with the CC – Community Commercial zoning district and will be in compliance Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow.  YAGER ROAD PROPOSED NORTH S CURVE 3 LANE TO 5 LANE 0 40 80 PROPOSED MEDIAN ENTER RUNZA RUNZA EXISTING DRIVE REMOVED EXISTING YAGER ROAD YAGER ROAD SIGN BILL BOARD 'S VILLAGE VILLAGE INN INN SIGN BELL STREET SQUARE TIRE 23RD STREET J.C. PENNYS EXISTING PARKING LOT LAYOUT  ROW YAGER ROAD PROPOSED NORTH S CURVE 3 LANE TO 5 LANE RIGHT-OF-WAY ROW ROW 0 40 80 ROW ROW EXISTING RIGHT-OF-WAY ROW RUNZA ROW PROPOSED RIGHT-OF-WAY ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW YAGER ROAD ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW VILLAGE INN ROW ROW W ROW RO ROW BELL STREET ROW RO W ROW ROW W RO ROW PROPOSED RIGHT-OF-WAY W RO 23RD STREET ROW  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: February 9, 2015 SUBJECT: Request to replat Parts of Lots 3, 4, 5 & 6, Block 204 Original Town, Fremont, NE into 2 lots. Recommendation: Move to recommend approval of replatting parts of Lots 3, 4, 5, & 6, Block 204 Original Town into 2 lots pending Board of Adjustment approval. Background: This replat is being requested by Chris and Maureen Zavadil, owners of 124 – 132 N Main Street. This replat will separate the proposed north building into a separate lot so that it can potentially be sold separately from the other buildings in the future. The existing ground is zoned LI – Limited Industrial. The minimum lot width for the LI zoning district is 50 feet wide. The proposed Lot 1 will only be 17 feet wide. In a typical LI district, outside of the downtown area, this would be a concern, but as this building was originally built with a typical downtown standard of 0’ front and side yard setbacks and is in the downtown area this width would not be unusual for the area. This width also essentially matches the width of the lot directly to the north. Findings: The proposed replat is not in compliance with the LI zoning district due to the small width of the proposed Lot 1, but will be in compliance Future Land Use Plan as this block is considered to be Downtown (Urban) and is thus in conformance with the Comprehensive Plan, Blueprint for Tomorrow.  STAFF REPORT TO: Planning Commission FROM: Justin Zetterman, Interim Planning Director DATE: February 9, 2015 SUBJECT: Request to replat Parts of Block 50, Original Town and Parts of Block 71 Reynold’s Addition into 2 lots. Recommendation: Move to recommend approval of replatting parts of Block 50, Original Town and parts of Block 71 Reynold’s Addition into 2 lots. Background: This replat is being requested by David and Kimberly Mitchell, owners of 1129 N Nye Avenue and First Christian Church, owners of 1041 N Nye Avenue. The First Christian Church is selling a portion of their ground to the Mitchells. This plat will incorporate that acquired piece of ground into 1129 N Nye Avenue. The existing ground is zoned R1 – Single Family Residential. Findings: The proposed replat is in compliance with the R1 – Single Family Residential zoning district and will be in compliance Future Land Use Plan, and is in conformance with the Comprehensive Plan, Blueprint for Tomorrow.