Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, APRIL 20, 2015 STUDY SESSION: 4:30 P.M. - CITY COUNCIL CHAMBERS MEETING: 5:00 P.M. - CITY COUNCIL CHAMBERS 1. Call to Order. 2. Roll Call. 3. 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. 4. Dispense with the reading and approve the minutes of the March 16, 2015, Regular Meeting as prepared. 5. Consider a request of the Eastern Nebraska Chapter of the National Railway Historical Society, the owner of approximately 3.1 acres located at 1835 North Somers Avenue, for approval of a Zoning Change from R-2 Moderate Density Residential to LI Limited Industrial. 6. Consider a request of Oscar and Katie Duran, the owner of approximately 0.1 acres located at 445 North Broad Street, for approval of a Conditional Use Permit for Downtown Residential. 7. Consider a request of Metropolitan Community College, the owner of approximately 0.2 acres located at 250 West 9th Street, for approval of a Replat of Lot 5, a part of Lot 6, and the south half of the adjacent vacated alley, Block 83, Original Town. 8. Consider a request of Charles H. Diers, LLC, the owner of approximately 2.8 acres located at 3350 East Elk Lane, for approval of a Replat of Lots 1 and 2, Block 2, Diers Second Addition. 9. Consider a recommendation for Zoning Change from LI Limited Industrial to DC Downtown Commercial for a part of Block 182, all of Blocks 183, 184, 185, 204 and a part of Block 205, Original Town. 10. Hear a presentation and discuss a timeline for reviewing and recommending approval of adopting a Unified Development Ordinance. 11. Adjournment. THIS MEETING WAS PRECEDED BY PUBLICIZED NOTICE IN THE FREMONT TRIBUNE, THE AGENDA DISPLAYED IN THE LOBBY OF THE MUNICIPAL BUILDING AND POSTED ONLINE AT WWW.FREMONTNE.GOV IN ACCORDANCE WITH THE NEBRASKA OPEN MEETINGS ACT, A COPY OF WHICH IS POSTED CONTINUALLY IN THE COUNCIL CHAMBERS FOR PUBLIC INSPECTION, AND SAID MEETING IS OPEN TO THE PUBLIC. A COPY OF THE AGENDA WAS ALSO KEPT CONTINUALLY CURRENT AND AVAILABLE TO THE PUBLIC IN THE PRINCIPLE OFFICE OF THE DEPARTMENT OF PLANNING, 400 EAST MILITARY AVENUE. THE PLANNING COMMISSION RESERVES THE RIGHT TO ADJUST THE ORDER OF ITEMS ON THIS AGENDA.  PLANNING COMMISSION MINUTES REGULAR MEETING MARCH 16, 2015 – 5:00 PM PRESENT: Chairman Dev Sookram, Commissioners Amber Barton, Mike Emanuel, Brian Fagen, Brad Fooken, Mitch Sawyer, and Brian Wiese, Planning Director, Troy Anderson, Chief Building Inspector, Don Simon and City Engineer, Justin Zetterman ABSENT: Commissioners Marty Gifford, and Tom Winter 1. Call to Order. Chairman Sookram called the meeting to order at 5:00 p.m. 2. Roll Call. A roll call showed seven (7) members present and two (2) absent – a quorum was established. Chairman Sookram then read a statement that the meeting was preceded by publicized notice in the Fremont Tribune, that the agenda was displayed in the lobby of the Municipal Building and posted online at www.fremontne.gov; and distributed to the Mayor, City Council, and the Planning Commission on March 11, 2015, and that the meeting was open to the public. Sookram also stated that a copy of the agenda was kept continually current and available to the public at the office of the City Planner, 400 East Military Avenue and a copy of the open meetings law is posted continually for public inspection located near the Council Chambers entrance door by the agendas. 3. Minutes of the February 16, 2015, Regular Meeting. Chairman Sookram read the item into the record. Hearing no discussion, the Chairman entertained a motion. Motion: It was moved by Commissioner Fooken, and seconded by Commissioner Sawyer, to dispense with the reading of the minutes and approve the minutes as provided. A roll call vote showed all members present voting aye – the motion carried unanimously. 4. Public comment period. Chairman Sookram opened the floor to public comments. Hearing none, the Chairman closed the floor and proceeded onto the regular agenda. 5. Consider annexation of First Lutheran Church. Property located in the northeast quarter of the northwest quarter of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Fremont, Nebraska. Chairman Sookram read the item into the record. Hearing no discussion, the Chairman entertained a motion. Motion: It was moved by Commissioner Barton, and seconded by Commissioner Sawyer, to recommend accepting the voluntary annexation 1  petition thereby expanding the City’s corporate limits. A roll call vote showed all members present voting aye – the motion carried unanimously. 6. Consider a request from Shillelagh, LLC, the owner of approximately 0.81 acres located at 1841 East 23rd Street, Dodge County, Fremont, Nebraska, for approval of a Replat of Lot 3, Block 2, McClarys' Subdivision. Chairman Sookram read the item into the record. Hearing no discussion, the Chairman entertained a motion. Motion: It was moved by Commissioner Sawyer, and seconded by Commissioner Fagan, to recommend approval of the replat. A roll call vote showed all members present voting aye – the motion carried unanimously. 7. Discuss a recommendation for Zoning Change from LI Limited Industrial to DC Downtown Commercial for a part of Block 182, Blocks 183, 184, 185, 204 and a part of Block 205, Fremont Original Town. Planning Director Anderson presented a possible zoning change to the Commission for discussion. Anderson identified an approximate six (6) block area immediately south of “downtown” (identified by DC Downtown Commercial zoning) that is currently zoned LI Limited Industrial. Anderson illustrated the differences pertaining to land use and bulk, area, and height regulations between each of the zoning districts as well as the benefits and consequences to various landowners affected by such a zoning change. Commissioner Fooken suggested contacting property owners personally prior to neighbor notification. Hearing no additional concerns or objections, Anderson informed the Commission that he would return at the next Commission meeting with a formal recommendation for zoning change. No action of the Commission was required. Hearing no further business, Chairman Sookram adjourned the meeting at 5:10 p.m. APPROVED: Dev Sookram, Chairman ATTEST: Troy Anderson, Planning Director 2  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: April 20, 2015 SUBJECT: Zoning Change – 1835 N Somers Ave. Background: The applicant and owner of approximately 3.1 acres located at 1835 North Somers Avenue, the Eastern Nebraska Chapter of the National Railway Historical Society, is requesting approval of a zoning change from R-2 Moderate Density Residential to LI Limited Industrial. The reason for the request is for marketing and conveyance purposes. The subject property is located south and west of the intersection of North Somers Avenue and West 19th Street. Properties to the north and to the east appear to be a single family residences (zoned R-2 Moderate Density Residential), to the south is Ronin Park, a community park and pool (zoned R-2 Moderate Density Residential), and to the west is the Chicago and Northwestern Railroad and Burlington Northern Railroad lines. The subject property includes approximately 6,500 SF of what appears to be office/warehouse improvements and an industrial spur/branch line. The Future Land Use Plan identifies the property as Auto-Urban Industrial. LI Limited Industrial zoning would therefore be consistent with the City’s Comprehensive Plan for future Land Use and Character. Fiscal Impact: N/A Dodge County, NE Date Created: 4/13/2015 198 ft Parcel ID 270061789 Alternate ID 2391-15-1-92100-000-0002 Owner Address E NE CHAPTER OF NAT'L RAILWAY HISTORICAL SOC Sec/Twp/Rng 15-17-8 Class RP - Real Property 1835 N SOMERS FREMONT, NE 68025 Property Address 1835 N SOMERS Acreage n/a District 1 - FREMONT CITY Brief Tax Description TL 22,164 & 165 3.131A 15 17 8 (Note: Not to be used on legal documents) Last Data Upload: 4/13/2015 10:35:03 AM  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: April 20, 2015 SUBJECT: Conditional Use Permit – 445 N Broad St. Background: The applicant and owner of approximately 6,160 SF located at 445 North Broad Street, Oscar and Katie Duran, is requesting approval of a Conditional Use Permit for Downtown Residential. The reason for the request is to allow for mixed use residential and commercial uses. The subject property is located at the southwest corner of North Broad Street and West 5th Street. Property to the north appears to be retail, to the northeast a financial institution, to the east is the county courthouse and judicial center, immediately south is a vacant lot but properties south of that, and properties to the west of the subject property, appear to be either retail or unoccupied; all surrounding properties are zoned DC Downtown Commercial. The subject property includes approximately 3,520 SF of retail improvements not including the second floor or basement (currently unimproved). The applicant and owner would like to renovate the back half of the ground floor for use as a dwelling unit. They would then move in and live in the building while the second floor is being renovated; the intent is for construction of two (2) residential dwelling units. Upon completion of the second story renovations, they would then move upstairs, occupying one (1) of the two (2) dwelling units, allowing the ground floor to be occupied entirely by nonresidential tenants. According to subsection 1203.e., Fremont Zoning Ordinance (FZO), “The Planning Commission and City Council shall review and act upon the application based on the criteria established in Table 12-1 and conformance with applicable regulations in these Zoning Regulations.” Table 12-1 has been included in Staff’s Report for your convenience. Subsection 1203.f., FZO, continues to read, “1. The City Council may, at its discretion, apply a Conditional Use Permit to a specific owner or applicant. The City Council may establish special site development or operational regulations as a condition for approval of a Conditional Use Permit. 2. The City Council shall not grant a Special Use Permit for any home occupation/home- based business which is otherwise prohibited under Section 611 of these Regulations.” While Section 611, FZO, does not pertain to the subject property, subsection 603.e., FZO, does provide specific conditions for Downtown Residential uses, as follows: Downtown Residential use when permitted in the DC, GC and LI Districts are subject to the following conditions: 1. Locations shall be limited to the Main Street Fremont Plan Area as set forth in the City’s 1999 Comprehensive Development Plan and shall be approved by the Planning Commission and City Council. [the subject property is located within the Main Street Fremont Plan Area] 2. Downtown Residential uses are allowed in the DC, GC and LI Districts only on levels above street level except that a unit specifically designed for occupancy by disabled residents or a unit not fronting a street and not exceeding 50% of the street level floor area and not being the primary use of the street level floor area, may be developed at street level, subject to approval by the Planning Commission and City Council. 3. Residents of units must be informed by the owner of the building that lawful commercial uses have priority over residential uses. 4. All upper level apartments must have two separate means of egress. [emphasis and commentary added] Fiscal Impact: N/A  ADMINISTRATION AND PROCEDURES Table 12-1: Criteria For Site Plan Review And Conditional Use Permits CRITERIA APPLIES TO Land Use Site Plan Conditional Compatibility Review Use Permit Development Density Site area per unit or floor area ratio should be similar X to surrounding uses if not separated by major natural or artificial features. Height and Scale Height and Bulk Development should minimize differences in height X X and building size from surrounding structures. Differences should be justified by urban design considerations. Setbacks Development should respect pre-existing setbacks in X X surrounding area. Variations should be justified by site or operating characteristics. Building Coverage Building coverage should be similar to that of X X surrounding 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 X X width. Parking and Internal Parking should serve all structures with minimal X X Circulation conflicts between pedestrians and vehicles. All structures must be accessible to public safety X X vehicles. X X Development must have access to adjacent public streets and ways. Internal circulation should minimize conflicts and congestion at public access points. Landscaping Landscaping should be integral to the development, X X 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 drainageways should be preserved. Building Design Architectural design and building materials should be X compatible with surrounding areas or highly visible locations Operating Characteristics Traffic Capacity Project should not obstruct traffic on adjacent streets. X X Compensating improvements will be required to mitigate impact on street system operations. External Traffic Effects Project design should direct non-residential traffic X X away from residential areas. Operating Hours Projects with long operating hours must minimize X X effects on surrounding residential areas. 12-5 REVISED 7-31-12  ADMINISTRATION AND PROCEDURES Table 12-1: Criteria For Site Plan Review And Special Use Permits CRITERIA APPLIES TO Operating Site Plan Conditional Characteristics Review Use Permit Outside Storage Outside storage areas must be screened from X X surrounding streets and less intensive land uses. Public Facilities Sanitary Waste Developments within 500 feet of a public sanitary X X Disposal sewer 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 X X development. Storm Water Development should handle storm water adequately X X Management to prevent overloading of public storm water management system. Development should not inhibit development of other X X properties. Development should not increase probability of X X erosion, flooding, landslides, or other run-off related effects. Utilities Project must be served by utilities. X X Rural estate subdivisions should be located in X X designated 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 X Fremont’s Comprehensive Development Plan. 12-6 REVISED 7-31-12 Dodge County, NE Date Created: 4/13/2015 99 ft Parcel ID 270003402 Alternate ID 1-2-1120- Owner Address VIJA LLC Sec/Twp/Rng n/a Class Com - Commercial 115 W JEFFERSON RD FREMONT, NE 68025 Property Address 445 N BROAD Acreage n/a FREMONT District 1 - FREMONT CITY Brief Tax Description OT N44' LOTS 1 & 2 BLK 156 & TL 273 (Note: Not to be used on legal documents) Last Data Upload: 4/13/2015 10:35:03 AM  445 Broad Street Second Floor South Apt 2 (1 Bedroom) Gallery Space Bedroom Bathroom East West Bedroom Bathroom Gallery Space Apt 1 Master (2 Bedroom) Bedroom Furnace Washer/Dryer Stackable Water Heater Sink North  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: April 20, 2015 SUBJECT: Final Plat – 250 W 9th St. Background: The applicant and owner of approximately 10,400 SF located at 250 West 9th Street, Metropolitan Community College, is requesting approval of a Replat of Lot 5, a part of Lot 6, and the south half of the adjacent vacated alley, Block 83, Original Town. The reason for the request is to combine lots and parts of lots or tracts, eliminating interior lot lines. The property is zoned UC/SC Mixed Use Urban Corridor/Special Corridor Overlay. The one (1) lot being proposed meets or exceeds the minimum area [seven thousand five hundred (7,500) square feet] and width [sixty (60) feet] requirements for lots in UC/SC zoning districts. The lot fronts along a public right-of-way [West 9th Street], and is served by all necessary utilities. The proposed replat appears to meet all state and local requirements for subdivisions. Fiscal Impact: N/A Dodge County, NE Date Created: 4/13/2015 93 ft Last Data Upload: 4/13/2015 10:35:03 AM  "ORIGINAL TOWN, REPLAT OF LOT 5, WEST 27 1/3 FEET OF LOT 6, AND THE SOUTH HALF OF THE ADJACENT VACATED ALLEY, BLOCK 83" LEGAL DESCRIPTION: Ph: 402.443.4661 PO Box 207 Wahoo, Nebraska 68066 REPLAT OF LOT 5, WEST 27 1/3 FEET OF LOT 6 AND THE DEDICATION SOUTH HALF OF THE ADJACENT VACATED ALLEY, BLOCK 83 FREMONT, NEBRASKA 'H' STREET LOT 1 10,389 SQ. FT. PLAT DOCUMENT P:\Engineering\141471.00 - Metropolitan Community College Fremont Campus\7 Design\2 Drawings\141471-SURV.dwg, on 4/1/2015 7:04 PM. 9TH STREET SURVEYOR'S CERTIFICATE: PLANNING COMMISSION APPROVAL PROJECT NO. 141471 DATE 3/18/2015 DRAWN BY DF LEGEND FILE NAME MONUMENT FOUND MONUMENT SET FIELD BOOK FREMONT #27 CALCULATED POINT CITY COUNCIL ACCEPTANCE D DEEDED DISTANCE FIELD CREW MS G GOVERNMENT DISTANCE REVIEW BY M MEASURED DISTANCE ---- P PLATTED DISTANCE REVIEW DATE R RECORDED DISTANCE ---- SURVEY FILE NO. GRAPHIC SCALE 0 7.5 15 30 60 1 OF 1  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: April 20, 2015 SUBJECT: Final Plat – 3350 E Elk Ln. Background: The applicant and owner of approximately 2.8 acres located at 3350 East Elk Lane, Charles H. Diers, LLC, is requesting approval of a Replat of Lots 1 and 2, Block 2, Diers Second Addition. The reason for the request is to adjust an interior lot line. The property is zoned CC Community Commercial. The two (2) lots meet or exceed the minimum area [six thousand (6,000) square feet] and width [fifty (50) feet] requirements for lots in CC zoning districts. Both lots front along a public right-of-way [East Elk Lane], and both lots are served by all necessary utilities. The proposed replat appears to meet all state and local requirements for subdivisions. Fiscal Impact: N/A  76,326 SQ.FT. LOT 2 47,641 SQ. FT. LOT 1 Email: Steve@doddengineering.net 402 North D St., P.O. Box 1855 Ph. 402-727-9067 Fremont, NE 68026-1855  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: April 20, 2015 SUBJECT: Recommendation for Zoning Change Fremont Original Town Background: As a follow-up to the discussion item at the March 16, 2015, Planning Commission meeting, Staff is requesting that the Commission consider a recommendation for approval of a zoning change for a part of Block 182, all of Blocks 183, 184, 185, 204 and a part of Block 205, Original Town, from LI Limited Industrial to DC Downtown Commercial. The following was Staff’s Report from the March 16, 2015, Planning Commission meeting: Background: Earlier this year, our offices received a replat application for a part of Lots 3, 4, 5, and 6, Block 204, Fremont Original Town. The owners, Chris and Maureen Zavadil, wanted to subdivide their property for conveyance purposes. Unfortunately, one of the lots [Lot 2] did not meet the minimum area or width requirements for a lot zoned LI Limited Industrial. Despite this fact, the plat document was prepared and was presented to the Zoning Commission and City Council for approval. On February 24, 2015, City Council, with a recommendation from the Zoning Commission, approved the plat with the condition that the applicant obtain the necessary approval (e.g. variance) to comply with zoning regulations [correction, council moved to continue consideration of the plat so it could be heard by the board of adjustment]. On February 23, 2015, our offices received an application for variance which would reduce the required lot area, width and setbacks, allowing for the filing of the plat document. Upon closer inspection Staff has identified the potential for a larger issue with properties in the immediate area. Findings: When we look at future development, including redevelopment, the conversation is always two-fold. There are the bulk, area, and height requirements on the one hand, and land use(s) on the other. Consider the following matrix as we discuss the concern for future development/redevelopment in the Lower Downtown Warehouse District.  DC Downtown Commercial LI Limited Industrial Land Use Bulk, Area & Height Currently the subject property, along with a number of other properties in the immediate vicinity, are zoned LI Limited Industrial. For properties zoned LI Limited Industrial, there are specific land uses that are either prohibited or only conditionally permitted – namely Retail Services and Restaurants, respectively – which may be counterintuitive to the goals and objectives of the Comprehensive Plan. The following is an excerpt from that Plan: Designate the southern half of Downtown as the “Lower Downtown Warehouse District,” which is to include live-work/flex-space units, clean production and merchandising, and stall space for artisans. (Downtown: Recommended Actions, 2.15) Also, properties zoned LI Limited Industrial require a minimum lot area of five thousand (5,000) square feet, a minimum lot width of fifty (50) feet and minimum setbacks of twenty-five (25) feet in the front, twenty-five (25) feet for street yards, and twenty-five (25) feet for rear yards. Initial observations would suggest that a number of properties in the Lower Downtown Warehouse District are therefore nonconforming. Alternatively, land uses such as Retail Services and Restaurants are listed as uses permitted by right in DC Downtown Commercial zoning districts and, there are no lot area, lot width or setback requirements for properties zoned DC Downtown Commercial. Staff would like to consider making a recommendation to rezone a part of Block 182, Blocks 183, 184, 185, 204 and a part of Block 205, Fremont Original Town, and would like to discuss the implications of such with the Planning Commission. Fiscal Impact: N/A