Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, MAY 15, 2017 STUDY SESSION: 4:30 P.M. – CITY COUNCIL CHAMBERS MEETING: 5:00 P.M. – CITY COUNCIL CHAMBERS 1. Call to Order. 2. Roll Call. OLD BUSINESS NEW BUSINESS 3. Dispense with the reading and approve the minutes of the April 17, 2017, Regular Meeting as prepared. 4. Consider a request of Thompson, Dreessen, and Dorner, on behalf of Ritz Lake, LLC, owners of approximately 2.2 acres located at 3237 N Ritz Place, for approval of a Final Plat to be known as Ritz Lake Replat 4.  Staff report  Commission discussion and recommendation 5. Consider a request of Dodd Engineering and Surveying, LLC, on behalf of New Horizon Land and Farm, LLC, owners of approximately 1.1 acres located at 2639 N Laverna St., for approval of a Final Plat to be known as Replat of Lots 1 and 2, Block 1, Yorkshire Third Subdivision.  Staff report  Commission discussion and recommendation 6. 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 APRIL 17, 2017 – 5:00 PM PRESENT: Chairman Dev Sookram, Commissioners, Amber Barton, Zach Carlson, Brad Fooken, Marty Gifford, Rol Horeis, Carl Nielsen, Mitch Sawyer, and Brian Wiese, and Planning Director, Troy Anderson. ABSENT: None. 1. Call to Order. Chairman Sookram called the meeting to order at 5:00 p.m. 2. Roll Call. A roll call showed nine (9) members present and zero (0) members 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. Dispense with the reading and approve the minutes of the March 20, 2017, Regular Meeting as prepared. 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 Barton, to dispense with the reading of the minutes and approve the minutes as provided. A roll call vote showed eight (8) members voting aye with Commissioner Carlson abstaining – the motion carried. 4. Consider a petition of Charles H. Diers and Mary Lou Diers, owners of approximately 4.7 acres described as a part of the Southwest Quarter of the Southwest Quarter of Section 18, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, and more generally located at 2900 E Brooks Hollow Dr., for annexation into the City of Fremont’s corporate limits. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Hearing none, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing no discussion, Sookram entertained a motion. Motion: It was moved by Commissioner Fooken, and seconded by 1  Commissioner Sawyer, to recommend approval of the Annexation. A roll call vote showed all members present voting aye – the motion carried unanimously. 5. Consider a request of Dodd Engineering & Surveying, LLC, on behalf of Deer Pointe Corporation, owners of approximately 4.7 acres located at 2900 E Brooks Hollow Dr., for approval of a Zoning Change from AG Agricultural to R-1 Single- Family Residential. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Scott Getzschman, 1832 N Fawn Cir., inquired into the ownership of the property. Anderson informed Getzschman that after consulting with the City’s legal department, the variation in agenda item descriptions would not create an issue. Hearing no further discussion, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing no discussion, Sookram entertained a motion. Motion: It was then moved by Commissioner Gifford, and seconded by Commissioner Wiese, to recommend approval of the Zoning Change. A roll call vote showed all members present voting aye – the motion carried unanimously. 6. Consider a request of Charles H. Diers and Mary Lou Diers, owners of approximately 4.7 acres located at 2900 E Brooks Hollow Dr., for approval of a Final Plat to be known as Brooks Hollow First Addition. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram then opened the floor to Commission discussion and action. Hearing no discussion, Sookram entertained a motion. Motion: It was moved by Commissioner Sawyer, and seconded by Commissioner Barton, to recommend approval of the Final Plat. A roll call vote showed all members present voting aye – the motion carried unanimously. 7. Consider a request of Robert Schlumberger, owner of approximately 13.6 acres located at 4130 N Luther Rd., for approval of a Zoning Change from AG Agricultural to GC General Commercial. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Hearing none, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing no discussion, Sookram entertained a motion. Motion: It was then moved by Commissioner Nielsen, and seconded by Commissioner Sawyer, to recommend approval of the Zoning Change. A roll call vote showed all members present voting aye – the motion carried unanimously. 2 8. Consider an amendment to Fremont Zoning Ordinance No. 3939 Sections 510 - 519 pertaining to PD Planned Unit Development Districts. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Hearing none, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. Motion: Commissioner Fooken moved that subsection 510.C.2. be revised to read, “The Zoning Administrator shall prepare a written report analyzing the development site plan…” The motion failed for lack of a second. Motion: It was then moved by Commissioner Sawyer, and seconded by Commissioner Barton, to recommend approval of the Code Amendment. A roll call vote showed all members present voting aye – the motion carried unanimously. 9. Consider a request of Gallery 23 East, LLC, on behalf of Cosentino Holdings, LLC, owner of approximately 115.8 acres located at 4551 E 23rd St., for approval of a Zoning Change from GC General Commercial and R-3/TND Mixed-Density Residential with a Traditional Neighborhood Development overlay to PD Planned Development. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Brad Marshall, owner’s agent, introduced himself, provided a brief overview of the project as a whole, and offered to answer any questions. Commissioner Horeis inquired into traffic concerns. Marshall responded with a summary of conversations that they’ve had with the Nebraska Department of Roads. Commissioner Wiese inquired into the phasing plans. Marshall responded with a generalization of phasing in each of the nonresidential, multi-family, and low density residential components. Commissioner Horeis inquired into whether or not the development intended to provide connection to E Military Ave. Marshall responded that there are no plans to connect and that a County Road just east of the development could provide connection. Hearing no further discussion, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing no discussion, Sookram entertained a motion. Motion: It was then moved by Commissioner Barton, and seconded by Commissioner Sawyer, to recommend approval of the Zoning Change. A roll call vote showed all members present voting aye – the motion carried unanimously. 3 10. Consider a request of Ron & Grace Strnad, owners of approximately 9,240 square feet located at 507 E 6th St., for approval of a Conditional Use Permit for Day Care (General). Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Hearing none, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. Motion: It was then moved by Commissioner Horeis, and seconded by Commissioner Nielsen, to recommend approval of the Conditional Use Permit. A roll call vote showed all members present voting aye – the motion carried unanimously. 11. Consider a request of Apex Land Surveying, LLC, on behalf of Brian & Shari Harris, owners of approximately 0.6 acres located at 350 Cathy Ave., for approval of a Final Plat to be known as Prairie Acres Block 3 Replat 1. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram then opened the floor to Commission discussion and action. Hearing no discussion, Sookram entertained a motion. Motion: It was moved by Commissioner Fooken, and seconded by Commissioner Horeis, to recommend approval of the Final Plat. A roll call vote showed all members present voting aye – the motion carried unanimously. 12. Consider a recommendation for approval of a zoning change from R-2 Moderate- Density Residential, GC General Commercial, and GI General Industrial to DC Downtown Commercial for properties more generally located at or near the intersection of East 1st Street and South Union Street. Chairman Sookram read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Sookram proceeded to open the floor to public hearing. Larry Gitt, address undisclosed, suggested that his property is a strip mall and that the zoning won’t fit that. Gitt further argued that every time he rents out a space that he has to get approval from the City. Gitt concluded that the City exclude his property so that he doesn’t have to ask for approval each time he rents it out. Dan Blackburn, 1300 W South St., indicated that he felt blindsided because the Planning Commission previously recommended disapproval and that he would like the Commission to recommend disapproval as well so that he can seek legal counsel as to whether or not the change would impact his property value. Blackburn also inquired into the property owner notice process. Blackburn concluded that he didn’t want to pay the downtown tax. Hearing no further discussion, Sookram closed the floor to public hearing and opened the floor to Commission discussion and action. 4  Anderson responded to comments relating to notice of the meeting and meeting items. Motion: It was then moved by Commissioner Barton, and seconded by Commissioner Wiese, to postpone consideration of the Zoning Change indefinitely. A roll call vote showed seven (7) members voting aye with Commissioners Fooken and Sookram voting nay – the motion carried. 13. Adjournment. Hearing no further business, Chairman Sookram adjourned the meeting at approximately 6:05 p.m. APPROVED: Dev Sookram, Chairman ATTEST: Troy Anderson, Planning Director 5  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 12, 2017 SUBJECT: Final Plat – 3237 N Ritz Place Recommendation: move to recommend approval. Background: The owners of approximately 2.2 acres located at 3237 N Ritz Place, Ritz Lake, LLC, are requesting approval of a Final Plat to be known as Ritz Lake Replat 4. The reason for the request is to adjust interior lot lines, creating two fewer lots, for conveyance purposes. Currently the subject properties are zoned MU Mixed Use. The 10 lots being proposed would meet or exceed the MU Mixed Use district requirements for area [6,000 square feet for single- family detached/one-family dwellings] and width [60 feet for single-family detached/one-family dwellings] – with the exception of Outlot F which is a lot dedicated to “Open Green Space” and not for conveyance as a single-family detached/one-family dwelling. The lots front along an existing public right-of-way [N Ritz Place and Robyn Ridge Rd.], and would be served by all necessary utilities. The proposed plat appears to meet all state and local requirements for subdivisions. Fiscal Impact: N/A  RITZ LAKE REPLAT 4 OF LOTS 2 THRU 11, INCLUSIVE, BLOCK 1 AND LOT 1, BLOCK 2, AND OUTLOT F LOTS 2 THRU 9, INCLUSIVE, BLOCK 1 AND LOT 1, BLOCK 2 AND OUTLOT F BEING A REPLATTING OF LOTS 2 THRU 11, INCLUSIVE, BLOCK 1, AND LOT 1, BLOCK 2 AND OUTLOT F, RITZ LAKE ADDITION LOCATED IN THE NW 1/4 OF SECTION 7, T17N, R9E OF THE 6th P.M., DODGE COUNTY, NEBRASKA. thompson, dreessen & dorner , inc. SURVEYOR'S CERTIFICATE 10836 Old Mill Rd Omaha, NE 68154 p.402.330.8860 f.402.330.5866 td2co.com RITZ LAKE LAKE REPLAT 4 OF ACKNOWLEDGEMENT OF NOTARY LEGAL DESCRIPTION LOTS 2 THRU 11, INCLUSIVE BLOCK 1, ACKNOWLEDGEMENT OF NOTARY F APPROVAL OF FREMONT CITY COUNCIL AND LOT 1, BLOCK 2 AND OUTLOT F OUTLOT LOTS 2 THRU 9, INCLUSIVE, DEDICATION LOT 1 APPROVAL OF CITY OF FREMONT PLANNING COMMISSION AND LOT 1 AND OUTLOT F 0' 25' 50' LOT 1 F LOT 3 LOT 2 LOT 4 Revision Dates LOT 6 LOT 5 OUTLOT LOT 8 LOT 7 LOT 9 No. Description MM-DD-YY -- -- -- -- -- -- -- -- -- -- -- -- Job No.: A1436-17-4A Drawn By: RJR Reviewed By: JDW Date: APRIL 13, 2017 Book: Page: Sheet Title DODGE COUNTY FINAL PLAT Sheet Number SHEET 1 OF 1  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: May 12, 2017 SUBJECT: Final Plat – 2639 N Laverna St. Recommendation: move to recommend approval. Background: The owners of approximately 1.1 acres located at 2639 N Laverna St., New Horizon Land and Farm, LLC, are requesting approval of a Final Plat to be known as Replat of Lots 1 and 2, Block 1, Yorkshire Third Subdivision. The reason for the request is to combine existing lots to further development plans for the subject property. Currently the subject property is zoned R-4 High-Density Residential. The one lot being proposed would meet or exceed the R-4 High-Density Residential district requirements for area [7,500 square feet for multi-family residential dwellings] and width [70 feet for multi-family residential dwellings]. The lot fronts along an existing public right-of-way [N Laverna St.], and would be served by all necessary utilities. The proposed plat appears to meet all state and local requirements for subdivisions. Fiscal Impact: N/A