Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, OCTOBER 16, 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. 3. Dispense with the reading and approve the minutes of the September 18, 2017, Regular Meeting as prepared. OLD BUSINESS NEW BUSINESS 4. Consider a request of Jennifer Stevens, on behalf of MAS Properties, LLC, owner of approximately 11,400 square feet located at 2040 N Maxwell Ave., for approval of a Conditional Use Permit for Day Care (General).  Staff report  Public comment  Commission discussion and recommendation 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 SEPTEMBER 18, 2017 – 5:00 PM PRESENT: Commissioners, Amber Barton, Jarod Borisow, Zach Carlson, Marty Gifford, Rol Horeis, Carl Nielsen, Mitch Sawyer, and Brian Wiese, and Planning Director, Troy Anderson. ABSENT: Chairman Dev Sookram. 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 Commissioner Horeis for the remainder of the meeting. 2. Roll Call. A roll call showed eight (8) members present and one (1) member absent – a quorum was established. Temporary Chair Rol 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 August 21, 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 Barton, and seconded by Commissioner Gifford, 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 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. 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 public hearing. Hearing none, Horeis closed the floor to public hearing and opened the floor to Commission discussion and action. 1  Motion: It was moved by Commissioner Sawyer, and seconded by Commissioner Carlson, to disapprove the request for Conditional Use Permit. A roll call vote showed all members present voting aye – the motion carried unanimously. 5. Consider a request of Derek Kovick, owner of approximately 89.5 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. Johnny Dorn, representative of the applicant, provided a brief overview of the project. Hearing nothing more from the applicant, Horeis proceeded to open the floor to public hearing. David Mitchell, representative of Paul and Mary Wachter, elaborated on the location of his client’s property in relation to the subject property, the elevations associated with the same and his client’s concern with drainage. Mitchell then expressed his opposition to Staff’s interpretation as to whether the request was consistent with the future land use plan and the future land use map in particular. Mitchell concluded with emphasis on his client’s relationship with the community and the City over the years. Stacey Heatherly, 302 S Woodland Ct., opposed the zoning change suggesting that processes and procedures have been ignored (Heatherly then proceeded to hand an exhibit to the Chair), that the final project will be unrecognizable from the plan proposed, and that the project is not appropriate for the neighborhood. Dan Blackburn, 1300 W South St. Lot 12, indicated that he was representative of himself and “Rainbow Lake.” He then suggested that the elevation of the project would cause trash to blow onto their property and that they are not opposed to the development but that they are opposed to a “planned” development. He continued to suggest that there were concerns with traffic and drainage, and that property values would be affected. Lastly, Blackburn indicated that there is an industrial mill to the south that will cause dust. Denise Richards, 1049 Skyline Dr., suggested that the development plan is contrary to proposed regulations identified as Chapter 11, that she believes [Rainbow Lake] property values will decline, and inquired into the number of bedrooms associated with the residences and the number of children associated with the same. Mitchell again approached the Commission with an exhibit illustrating the floodplain and the base flood elevations. Anderson then suggested that the Commission consider a motion to receive and file both the exhibit provided earlier by Heatherly and the exhibit provided by Mitchell. It was moved by Commissioner Borisow, and seconded by Gifford, to receive and file the exhibits. A roll call vote showed all members present voting aye – the motion carried unanimously 2  Paul Wachter, 2035 Teakwood, elaborated on how he came to acquire his property and the improvements that have been made over the years. Wachter also indicated that he was not opposed to development in general but was concerned with the density of the development being proposed. He also indicated that he has worked with the City in the past, with selling them land, and that he would like to see the City work with him now. Blackburn again approached the Commission and asked the applicant’s representative if the property owner was going to keep the existing residence. After responding that the existing residence would not remain, Blackburn then suggested that the owner was not going to continue to reside on the property because it wasn’t a good project. Cheryl Auge, 915 W South St., indicated that she was not opposed to development but was opposed to the “planned” development. Shen then reiterated that the neighborhood is concerned with drainage and traffic. Hearing no other comments, Horeis closed the floor to public hearing and opened the floor to Commission discussion and action. Motion: It was moved by Commissioner Wiese, and seconded by Commissioner Carlson, to recommend disapproval of the Zoning Change. A roll call vote showed five (5) members voting aye and Commissioners Barton, Borisow, and Gifford voting nay – the motion carried. 6. Consider a request of Marv, Inc., owner of approximately 0.7 acres located at 353 W 23rd St., for approval of a Zoning Change from CC Community Commercial to GC General Commercial. 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. Mike Arvanites, 228 E 1st St., and owner of the subject property, introduced himself and informed the Commission that he’s simply requesting the zoning change to help a buyer obtain the necessary zoning to redevelop the property. Hearing nothing more from the applicant, Horeis 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 none, Horeis entertained a motion. Motion: It was moved by Commissioner Gifford, and seconded by Commissioner Barton, to recommend approval of the Zoning Change. A roll call vote showed all members present voting aye – the motion carried unanimously. 7. Consider a request of Staff, on behalf of the City, owner of approximately 12.6 acres located at 3002 E 1st St., for approval of a Zoning Change from RR Rural Residential to LI Limited Industrial. 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 public hearing. 3  Hearing none, Horeis closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing none, Horeis entertained a motion. Motion: It was moved by Commissioner Wiese, and seconded by Commissioner Borisow, to recommend approval of the Zoning Change. A roll call vote showed all members present voting aye – the motion carried unanimously. 8. Consider a request of Dodd Engineering & Surveying, LLC, on behalf of Dana & June Leland, owners of approximately 10,646 square feet located at 2539 N Oxford St., for approval of a Final Plat to be known as the Replat of Lot 3, Block 2, Cambridge Square First Addition. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then opened the floor to Commission discussion and action. Hearing none, Horeis entertained a motion. Motion: It was moved by Commissioner Nielsen, 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. 9. Consider a request of Dodd Engineering & Surveying, LLC, on behalf of Ashville Townhomes, LLC, owners of approximately 9,874 square feet located at 3019 N Cedar St., for approval of a Final Plat to be known as the Replat of Lot 3, Block 1, Central Park Second Addition. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then opened the floor to Commission discussion and action. Hearing none, Horeis entertained a motion. Motion: It was moved by Commissioner Sawyer, and seconded by Commissioner Gifford, 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 Dodd Engineering & Surveying, LLC, on behalf of Ashville Townhomes, LLC, owners of approximately 9,600 square feet located at 3038 N Howard St., for approval of a Final Plat to be known as the Replat of Lot 2, Block 3, Central Park Second Addition. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then opened the floor to Commission discussion and action. Hearing none, Horeis entertained a motion. Motion: It was moved by Commissioner Nielsen, and seconded by Commissioner Gifford, 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 Dodd Engineering & Surveying, LLC, on behalf of Borisow Homes, LLC, owners of approximately 9,630 square feet located at 3026 N 4  Howard St., for approval of a Final Plat to be known as the Replat of Lot 3, Block 3, Central Park Second Addition. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then opened the floor to Commission discussion and action. Hearing none, Horeis 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 seven (7) members present voting aye with Commissioner Borisow abstaining – the motion carried unanimously. 12. Consider a request of Apex Land Surveying, LLC, on behalf of Cuddy Borisow, owner of approximately 0.5 acres located at 315 N Luther Rd., for approval of a Final Plat to be known as Garden City Second Subdivision Replat 1. Temporary Chair Horeis read the item into the record. Planning Director, Troy Anderson read Staff’s Report. Horeis then opened the floor to Commission discussion and action. Hearing none, Horeis entertained a motion. Motion: It was moved by Commissioner Barton, and seconded by Commissioner Sawyer, to recommend approval of the Final Plat. A roll call vote showed seven (7) members present voting aye with Commissioner Borisow abstaining – the motion carried unanimously. 13. Consider an amendment to pending Fremont Municipal Code legislation applicable to Chapter 11, zoning and subdivision regulations, and more particularly Section 11-623, pertaining to nonresidential and mixed-use development standards. 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 public hearing. Melissa Ball, 2390 W Military Ave., inquired into whether this item pertained to adoption of the UDC in its entirety or whether it was just one particular section and whether it was an appropriate time to comment on other sections. Anderson responded that it was just one particular section and that other sections would be discussed at the Study Session tomorrow evening and the City Council meeting the following week. Hearing no other comments, Horeis closed the floor to public hearing and opened the floor to Commission discussion and action. Hearing none, Horeis entertained a motion. Motion: It was moved by Commissioner Borisow, and seconded by Commissioner Barton, to recommend approval of the Amendment. A roll call vote showed all members present voting aye – the motion carried unanimously. 5  14. Adjournment. Hearing no further business, Temporary Chair Horeis adjourned the meeting at approximately 6:29 p.m. APPROVED: Rol Horeis, Temporary Chair ATTEST: Troy Anderson, Planning Director 6  Staff Report TO: Planning Commission FROM: Troy Anderson, Director of Planning DATE: October 12, 2017 SUBJECT: Conditional Use Permit – 2040 N Maxwell Ave. Recommendation: 1) open the public hearing, 2) receive testimony, 3) close the public hearing, and 4) move to recommend approval with conditions. Background: The agent for the owner of approximately 11,400 square feet located at 2040 N Maxwell Ave., Jennifer Stevens, is requesting approval of a Conditional Use Permit for Day Care (General). The reason for the request is to gain the necessary approvals to operate a day care facility. The subject property is located along the east right-of-way line of N Maxwell Ave. between W 19th St. and W 21st St. All properties surrounding the subject property are zoned R-2 Moderate- Density Residential and are listed as residential. According to the Nebraska Department of Health & Human Services (NEDHHS), inspections of the home are required by both the Nebraska Fire Marshall’s Office, or local fire authority, and child care licensing inspection prior to licensure and Nebraska law also requires the Department to make at least one unannounced inspection to all Family Child Care Home II programs each year.” 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.” 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