Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, JULY 17, 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 June 19, 2017, Regular Meeting as prepared. 4. Consider a request of Chris Olson, on behalf of J.P.H. Realty, LLC, owner of approximately 1.4 acres located at 520 W. 23rd St., for approval of a Conditional Use Permit for Go Kart Track and Nerf Arena.  The applicant has requested that this item be continued to the next regularly scheduled meeting of the Commission dated August 21, 2017. 5. 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 JUNE 19, 2017 – 5:00 PM PRESENT: Commissioners, Amber Barton, Zach Carlson, Marty Gifford, Rol Horeis, Carl Nielsen, Mitch Sawyer, and Planning Director, Troy Anderson. ABSENT: Chairman Dev Sookram and Commissioners Brian Wiese. 1. Call to Order. In accordance with Article II, Subsection 2, Planning Commission By-Laws and Rules of Procedure, Director Anderson called the meeting to order at 5:00 p.m., subsequently selected Commissioner Horeis to serve as Temporary Chair, and immediately relinquished the chair to Commission Horeis for the remainder of the meeting. 2. Roll Call. A roll call showed seven (7) members present and two (2) members absent – a quorum was established. Temporary Chair Horeis 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 May 15, 2017, Regular Meeting as prepared. Temporary Chair Horeis read the item into the record. Hearing no discussion, Horeis entertained a motion. Motion: It was moved by Commissioner Gifford, and seconded by Commissioner Barton, 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. Consider a request of Derek Kovick, owner of approximately 92.8 acres located at 1045 W South St., for approval of a Zoning Change from RR Rural Residential and R-2 Moderate-Density Residential to PD Planned Development. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then proceeded to open the floor to the applicant. Applicant representative Johnny Dorn, introduced himself and briefly described the project and offered to answer any questions. 1  The applicant, Derek Kovick then introduced himself and also offered to answer any questions. Horeis then proceeded to open the floor to public hearing. Roger Goree, 1125 Hansen Rd., informed the Commission that he owned Goree Excavating, that his operations generate a significant amount of noise, equipment and activity, and that he simply wanted to put the Commission on notice before any future residents made any complaints – his business was there first. Theresa Bilava, 820 Prospect Ave., also wanted to inform the Commission that she is involved in Golden Retriever training, which includes the use of shotguns, and that she too wanted to put the Commission on notice before any future residents made any complaints – her business was there first. Hearing no other comments from the public, Horeis closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing no discussion, Horeis entertained a motion. Motion: It was moved by Commissioner Barton, and seconded by Commissioner Borisow, to recommend approval of the Zoning Change. A roll call vote showed six (6) members voting aye and one (1) member, Commissioner Nielsen, voting naye – the motion carried 6-1. 5. Consider a request of Nebco Inc., owners of approximately 21.8 acres located at 2003 E Hills Farm Rd., for approval of a Conditional Use Permit for Construction Batch Plant. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then proceeded to open the floor to the applicant. Applicant Tony Potoff introduced himself, provided a brief explanation of the request, and offered to answer any questions. Horeis then proceeded to open the floor to public hearing. Hearing none, Horeis closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing no discussion, Horeis entertained a motion. Motion: It was then moved by Commissioner Sawyer, 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. 6. Consider a request of Carson and Alice Day, on behalf of David and Laura Mussman, owners of approximately 0.9 acres located adjacent to 976 S Co. Rd. 26, for approval of a Zoning Change from AG Agricultural to RR Rural Residential. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson informed the Commission that the applicant had withdrawn their request. Horeis then proceeded to the next item on the agenda. 2 7. Consider a request of Carson and Alice Day, on behalf of themselves, Dwayne and Nicole Jesse, and David and Laura Mussman, owners of approximately 157.8 acres located adjacent to 976 S Co. Rd. 26, for approval of a Final Plat to be known as Day Subdivision. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then proceeded to open the floor to Commission discussion and action. Hearing no discussion, Horeis entertained a motion. Motion: It was then moved by Commissioner Gifford, and seconded by Commissioner Sawyer, to recommend approval of the Final Plat. A roll call vote showed all members present voting aye – the motion carried unanimously. 8. Consider a request of Candace Martin, on behalf of herself and Art Camenzind Farms, LLC, owners of approximately 1.1 acres located at 7158 E Military Ave., for approval of a Zoning Change from AG Agricultural to RR Rural Residential. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson informed the Commission that the applicant had withdrawn their request. Horeis then proceeded to the next item on the agenda. 9. Consider a request of Candace Martin, owner of approximately 1.1 acres located at 7158 E Military Ave., for approval of a Final Plat to be known as Martin Subdivision. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then proceeded to open the floor to Commission discussion and action. Hearing no discussion, Horeis entertained a motion. Motion: It was then moved by Commissioner Barton, and seconded by Commissioner Sawyer, to recommend approval of the Final Plat. A roll call vote showed all members present voting aye – the motion carried unanimously. 10. Consider a request of Marilyn Spooner owner of approximately 3.2 acres located at 3449 N Somers Ave., for approval of a Final Plat to be known as Spooner Subdivision. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then proceeded to open the floor to Commission discussion and action. Hearing no discussion, Horeis entertained a motion. Motion: It was then moved by Commissioner Gifford, and seconded by Commissioner Sawyer, to recommend approval of the Final Plat. A roll call vote showed all members present voting aye – the motion carried unanimously. 11. Consider a request of Jordan and Amber Paden, owners of approximately 9,354.5 square feet located at 2521 Oxford St., for approval of a Final Plat to be known as Cambridge Square 1st Addition Replat of Lot 2, Block 2. 3  Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then proceeded to open the floor to Commission discussion and action. Hearing no discussion, Horeis entertained a motion. Motion: It was then 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. 12. Adjournment. Hearing no further business, Temporary Chair Horeis adjourned the meeting at approximately 5:27 p.m. APPROVED: Rol Horeis, Temporary Chair ATTEST: Troy Anderson, Planning Director 4  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: June 14, 2017 SUBJECT: Conditional Use Permit – 520 W 23rd St. Recommendation: continue the item to the next regularly scheduled meeting of the Commission. Background: The applicant has requested that consideration of this item be continued to the next regularly scheduled meeting of the Commission dated August 21, 2017. Fiscal Impact: N/A