Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, FEBRUARY 15, 2016 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. Dispense with the reading and approve the minutes of the January 18, 2016, Regular Meeting as prepared. 4. Consider a request of Ed Christoffersen, on behalf of JDJ Investments, owner of approximately 13.6 acres located at 1255 Front St., for approval of a Voluntary Annexation Petition for said properties.  Staff report and presentation  Public Hearing  Recommendation 5. Consider a request of Midland University, owner of approximately 34.9 acres located at 900 N Clarkson St., for approval of a Zoning Change from R-2 Moderate-Density Residential, R-3 Mixed-Density Residential, and UC Mixed Use Urban Corridor to CC Community Commercial.  Staff report and presentation  Public Hearing  Recommendation 6. Consider a request of Dodd Engineering & Surveying, LLC, on behalf of Eastowne Development, LLC, owner of approximately 7.0 acres located at 1020 E 29th St., for approval of a Final Plat to be known as Fountain Springs Fourth Subdivision, Dodge County, Nebraska.  Staff report and presentation  Public Comment  Recommendation 7. Receive a report from the Future Land Use Plan Evaluation Subcommittee. 8. Receive a report from Staff regarding a presentation made at the City Council Retreat.  9. 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 JANUARY 18, 2016 – 5:00 PM PRESENT: Chairman, Dev Sookram Commissioners, Amber Barton, Bryan Fagan, Brad Fooken, Marty Gifford, Carl Nielsen, Mitch Sawyer, and Tom Winter, and Planning Director, Troy Anderson ABSENT: Commissioner, Brian Wiese. 1. Call to Order. Chairman Sookram called the meeting to order at 5:00 p.m. 2. Roll Call. A roll call showed eight (8) members present and one (1) absent – a quorum was established. Chairman Sookram then read the following statement: 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. This meeting is hereby declared to be duly convened and in open session. 3. Elect a Chair and Vice-Chair in accordance with Commission By-laws. Chairman Sookram opened the floor to nominations for Chair. Commissioner Winter nominated Chairman Sookram, Commissioner Gifford seconded the motion, and by a vote of 8-0 the motion carried. Chairman Sookram then opened the floor to nominations for Vice-Chair. Commissioner Winter nominated Commissioner Fooken, Commissioner Sawyer seconded the motion, and by a vote of 8-0 the motion carried. 4. Public comment period. Chairman Sookram opened the floor to public comments. Hearing none, Sookram closed the floor and proceeded onto the regular agenda. 5. Minutes of the December 21, 2015, Regular Meeting. Chairman Sookram read the item into the record. Hearing no discussion, Sookram 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. 1  6. Hear a presentation and receive input on the City’s 1 and 6 Year Street Improvement Plan. Director of Public Works, Dave Goedeken, briefly summarized discussions held during the work-session including annual averages, trails, pedestrian signals, and the levy timeline. Hearing no further comments, Sookram concluded discussion of the item and proceeded to the next item on the agenda. 7. Receive a report from the Future Land Use Plan Evaluation Subcommittee. Commissioner Fooken indicated that the group was unable to meet and that they had no news to report at this time. Hearing no further comments, Sookram concluded discussion of the item and proceeded to the next item on the agenda. 8. Review and consider amendments to Article 5 of the draft Unified Development Ordinance. Planning Director Anderson introduced proposed amendments to Article Five [Part 2 of 2] of the draft Unified Development Ordinance (UDO) including: 1. Reorganization; 2. Defining when and where street pavement widths less than thirty-two (32) feet are permitted; 3. Extending noise control to all districts; 4. Relocating the bulk of floodplain management regulations to subsection 11-305.02; and 5. General word-smithing. Hearing no further comments, Sookram concluded discussion of the item and proceeded to the next item on the agenda. Chairman Sookram then asked if there was any other business of the Commission. Hearing no further business, Chairman Sookram adjourned the meeting at approximately 5:15 p.m. APPROVED: Dev Sookram, Chairman ATTEST: Troy Anderson, Planning Director 2  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: February 15, 2016 SUBJECT: Voluntary Annexation Petition Background: A Voluntary Annexation Petition has been received by JDJ Investments, requesting annexation of approximately 13.6 acres into the corporate limits. According to Nebraska Revised Statutes § 19-929, “The municipal governing body shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the planning commission if such commission in fact has been created and is existent.” As it pertains to annexation, according to the City’s Comprehensive Plan: The areas not identified for annexation are those that, at this time, are expected to occur beyond the horizon of this plan and which warrant evaluation upon the five-year update of this plan. Given the uncertainties of development though, these areas may be subject to annexation and development in which case the following principles may be used to guide the decision: • The decision to extend infrastructure and provide municipal services will include, among others, the location of the proposed development relative to existing development and the proximity to existing utilities and adequate road infrastructure. [the subject property is generally considered occupied and developed] • The existing infrastructure systems have adequate capacities to accept and sustain the demands of the proposed development without an inordinate requirement for capital investment on behalf of the City. [the subject property is generally considered as being served by existing infrastructure] • The subject development will not disrupt an orderly and fiscally responsible progression of growth and development. [the subject property is bounded by properties to the north, east, south, and west generally considered occupied and developed]  Dodge County, NE Overview Legend Highways <all other values> I LS N R US Parcels Sections Airport Streets Zoning <all other values> AG CC CC/PD DC GC GI LI MU MU / TND R-1 R-2 509 ft R-2/NC R-3 R-4 R-5 RR UC UC/SC UNKNOWN Date created: 2/12/2016 Last Data Upload: 2/12/2016 12:33:03 AM Developed by The Schneider Corporation  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: February 15, 2016 SUBJECT: Zoning Change – 900 N Clarkson St. Background: The owner of approximately 34.9 acres located at 900 N Clarkson St., Midland University, is requesting approval of a zoning change from R-2 Moderate-Density Residential, R- 3 Mixed-Density Residential, and UC Mixed Use Urban Corridor to CC Community Commercial. The reason for the request is to further long-range campus planning. Due to its complexities, rather than describing the boundaries of the property here, I’ll direct the Commission to the attached vicinity map for the location of the subject property. The surrounding properties appear to be primarily residential in nature, and the subject property is currently occupied and developed as a college/university. For all intent and purposes, the Midland University campus is zoned residential (more specifically, R-2 Moderate-Density Residential, R-3 Mixed-Density Residential, and UC Mixed Use Urban Corridor). Unfortunately, the existing zoning does not respond well to college/university related uses. More specifically, college/university requires a conditional use permit in R-2 and R-3 zoning districts. The same land use classification however is permitted as a use-by-right (i.e. permitted use) in CC zoning districts. College and University Facilities is more broadly described as, “An educational institution of higher learning, which offers a course of study designed to culminate in the issuance of a degree, certified by a generally recognized accrediting organization.” (FZO § 305.d.) Please keep in mind that currently there are no development plans for the University. This is simply a strategic planning process so that the University can continue their discussions of a long-term growth and development plan. As far as the impact on neighboring residents is concerned, the use of the property as a college/university will not change nor does this request include lands which are not currently owned by the University. Again, there are no development plans currently being proposed – this is simply a long-range planning process. The Future Land Use Plan (FLUP) identifies the subject property as Public and Institutional. Unfortunately we don’t currently have a zoning district classification that entirely represents public and institutional land uses. However, the FLUP does elaborates on [public and] institutional as Auto-Urban and “due to the site-specific nature of their design, layout, and use, these facilities should fit within their environmental context." (Blueprint for Tomorrow, 2012, p. 2.13) Auto-Urban is then described as commercial in nature and includes “Public/Institutional” as a specific development type. (Op. cit., p. 2.11) Therefore it could be argued that CC Community Commercial zoning would be consistent with the Comprehensive Plan. Fiscal Impact: N/A  Dodge County, NE Overview Legend Highways <all other values> I LS N R US Parcels Airport Streets Zoning <all other values> AG CC CC/PD DC GC GI LI MU MU / TND R-1 R-2 R-2/NC 509 ft R-3 R-4 R-5 RR UC UC/SC UNKNOWN Date created: 2/3/2016 Last Data Upload: 2/3/2016 12:21:43 AM Developed by The Schneider Corporation  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: February 15, 2016 SUBJECT: Final Plat – 1020 E 29th St. Background: The agent for the owner of approximately 7.0 acres located at 1020 E 29th St., Dodd Engineering & Surveying, LLC, is requesting approval of a Final Plat to be known as Fountain Springs Fourth Subdivision. The reason for the request is to replat previously platted tracts of land. The property is zoned R-4 High-Density Residential. The two (2) lots being proposed meet or exceed the area [four thousand (4,000) square feet] and width [seventy (70) feet] requirements for lots in R-4 zoning districts. The lots front along a public right-of-way [East 29th Street and East 32nd Street], and are served by all necessary utilities. The proposed plat appears to meet all state and local requirements for subdivisions. Fiscal Impact: N/A  Dodge County, NE Overview Legend Highways <all other values> I LS N R US Parcels Sections Airport Streets Zoning <all other values> AG CC CC/PD DC GC GI LI MU MU / TND R-1 R-2 255 ft R-2/NC R-3 R-4 R-5 RR UC UC/SC UNKNOWN Date created: 2/12/2016 Last Data Upload: 2/12/2016 12:33:03 AM Developed by The Schneider Corporation