Planning Commission

PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, October 15, 2018 STUDY SESSION – 4:30 P.M. – CITY COUNCIL CHAMBERS 1. Call to Order. 2. Roll Call. 3. Disclosure of Ex Parte communication regarding any item on the agenda 4. Dispense with the reading and approve the minutes of the September 17, 2018 Regular Meeting as prepared. 5. Consider a request by Justin Stark on behalf of PCCW,. Inc. for change of zoning at 1762 Hills Farm Road, Fremont, NE, from R Rural to GI General Industrial for purposes of renovating an existing house into offices and building a new demonstration building. • Staff report • Public Hearing • 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 September 17, 2018 4:30 p.m. Study Session 5:00 o’clock pm. Regular Meeting After the study session, Vice-chairman Gifford called the meeting to order and stated a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll call showed -chairman Gifford, Commissioners Bowen, Borisow, Horeis, Nielsen, Carlson, and Sawyer present, Commissioners Sookram and Barton was absent. Seven Commissioners present – a quorum was established. Vice-chairman Gifford read the item; disclosure of Ex Parte communication regarding any item on the agenda into the record. There were no Ex Parte communications reported. Vice-chairman Gifford read the item, dispense with the reading and approve the minutes of the August 20, 2018 Regular Meeting as prepared into the record. It was moved by Commissioner Sawyer and seconded by Commissioner Horeis to approve the minutes of the August 20, 2018 Regular Meeting as prepared. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Review and consider Amendments to Chapter 11 of the Fremont Municipal Code pertaining to subdivision and site development regulations, hereinafter referred to as the Unified Development code of the City of Fremont (“UDC”), particularly amendments to Section 11-706.05 Lots. C. Access and Frontage, particularly 4. Outlots AND Section 11-920 Definitions, particularly Outlot, into the record. The Director of Planning offered an Exhibit. It was moved by Commissioner Sawyer and seconded by Commissioner Carlson to receive the Exhibit into the record. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford opened the public hearing. Vice- chairman Gifford closed the public hearing after receiving comments from the public. Commissioner Bowen moved to approve the definition to be the same as Lincoln, Nebraska’s, and seconded by Commissioner Carlson to approve Amendments to Chapter 11 of the Fremont Municipal Code pertaining to subdivision and site development regulations, hereinafter referred to as the Unified Development code of the City of Fremont (“UDC”), particularly amendments to Section 11-706.05 Lots. C. Access and Frontage, particularly 4. Outlots AND Section 11-920 Definitions, particularly Outlot. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Review and consider Amendments to Chapter 11 of the Fremont Municipal Code pertaining to subdivision and site development regulations, hereinafter referred to as the Unified Development code of the City of Fremont (“UDC”), particularly amendments to Section 11-305.06 Subdivision Improvement plans, F.6. Performance and maintenance securities as required by Subsection 11-316.06G., Securities, amended to read: F.6. Performance and maintenance securities as required by Subsection 11-315.06G., Securities. Into the record. Vice-chairman Gifford opened the public Hearing. Vice-chairman Gifford closed the public hearing after receiving no comments from the public. It was moved by Commissioner Bowen and seconded by Commissioner Sawyer to approve Amendments to Chapter 11 of the Fremont Municipal Code pertaining to subdivision and site development regulations, hereinafter referred to as the Unified Development code of the City of Fremont (“UDC”), particularly amendments to Section 11-305.06 Subdivision Improvement plans, F.6. Performance and maintenance securities as required by Subsection 11-316.06G., Securities, amended to read: F.6. Performance and maintenance securities as required by Subsection 11-315.06G., Securities. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Mark Boschult on behalf of Boschult Engineering Co. for change of zoning at 340 West 22nd Street, Fremont, NE, for the remaining area of block 14 not already zoned general commercial east of Fremont Rental property, from SC Suburban Commercial to GC General Commercial to allow the existing 2 story concrete/masonry structure and surrounding buildings to be used as storage facility. It was noted that the adjacent property to the west already zoned GC General Commercial. Vice-chairman Gifford opened the public hearing. Vice-chairman Gifford closed the public hearing after receiving no comments from the public. It was moved by Commissioner Sawyer and seconded by Commissioner Bowen to approve the request by Mark Boschult on behalf of Boschult Engineering Co. for change of zoning at 340 West 22nd Street, Fremont, NE, for the remaining area of block 14 not already zoned general commercial east of Fremont Rental property, from SC Suburban Commercial to GC General Commercial to allow the existing 2 story concrete/masonry structure and surrounding buildings to be used as storage facility. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a revised Sunridge Place Preliminary Plat located at between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, into the record. Vice-chairman Gifford opened the public hearing. A member of public asked that a document be entered into the record. It was moved by Commissioner Nielsen and seconded by Commissioner Borisow to receive the document into the record. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously A member of public asked that a document be entered into the record. It was moved by Commissioner Nielsen and seconded by Commissioner Carlson to receive the document into the record. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford closed the public hearing after receiving comments. It was moved by Commissioner Sawyer and seconded by Commissioner Bowen to approve the request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a revised Sunridge Place Preliminary Plat located at between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Final Plat to be known as Sunridge Place First Addition, consisting of 20.57 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, into the record. Vice-chairman Gifford then stated that Citizens wishing to be heard during a Public Hearing shall, after being recognized by the Vice-chairman and in an orderly fashion, approach the Commission and state his or her name and address for the record before making their remarks. Remarks will be limited to three minutes for the public and five minutes for the applicant. Vice-chairman Gifford opened the public hearing. Vice-chairman Gifford closed the public hearing after receiving comments. It was moved by Commissioner Sawyer and seconded by Commissioner Bowen to approve, upon the condition of the City Council approval of the revised Sunridge Place Preliminary Plat, the request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Final Plat to be known as Sunridge Place First Addition, consisting of 20.57 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Voluntary Annexation of Sunridge Place First Addition, consisting of 20.57 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, into the record. Vice-chairman Gifford opened the public hearing. Vice-chairman Gifford closed the public hearing after receiving comments. It was moved by Commissioner Nielsen and seconded by Commissioner Carlson to approve upon the condition of the City Council approving the revised Preliminary Plat , and the Final Plat of Sunridge Place First Addition, the request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Voluntary Annexation of Sunridge Place First Addition, consisting of 20.57 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Final Plat to be known as Sunridge Place Second Addition, consisting of 28.58 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, into the record. Vice-chairman Gifford opened the public hearing. Vice-chairman Gifford closed the public hearing after receiving comments. It was moved by Commissioner Sawyer and seconded by Commissioner Carlson to approve upon the condition of the City Council approving the revised Preliminary Plat of Sunridge Place, the request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Final Plat to be known as Sunridge Place Second Addition, consisting of 28.58 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Voluntary Annexation of Sunridge Place Second Addition, consisting of 28.58 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska, into the record. Vice-chairman Gifford opened the public hearing. Vice-chairman Gifford closed the public hearing after receiving comments. It was moved by Commissioner Nielsen and seconded by Commissioner Carlson to approve upon the condition of the City Council approving the revised Preliminary Plat and Final Plat of Sunridge Place Second Addition, the request by Steve Dodd on behalf of Don Peterson and Associates Real Estate Co. for approval of a Voluntary Annexation of Sunridge Place Second Addition, consisting of 28.58 acres located between Military Avenue, Jack Sutton Drive, Luther Road & Johnson Drive, and more particularly described as a portion of a parcel of land being part of the NW1/4 of Section 19, Township 17 North, Range 9 East of the 6th P.M., Dodge County, Nebraska. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Vice-chairman Gifford read the item: Consider a request by Marie Hammang for approval of a Voluntary Annexation of Morningside Crossing, consisting of 35.00 acres located on the Northeast corner of Morningside Rd, Johnson Rd., and more particularly described as approximately 35.00 acres of TL 43 and part of TL 44, Dodge County, Nebraska, into the record. Vice-chairman Gifford opened the public hearing. Vice- chairman Gifford closed the public hearing after hearing no comments. It was moved by Commissioner Nielsen and seconded by Commissioner Bowen to approve the request by Marie Hammang for approval of a Voluntary Annexation of Morningside Crossing, consisting of 35.00 acres located on the Northeast corner of Morningside Rd, Johnson Rd., and more particularly described as approximately 35.00 acres of TL 43 and part of TL 44, Dodge County, Nebraska. A roll call vote showed all seven Commissioners present voting aye. Motion carried unanimously. Hearing no other business, Vice-chairman Gifford adjourned the Meeting at approximately 6:19 p.m. APPROVED _____________________________________ Chairman of the Planning Commission ATTEST ________________________________ Director of Planning  Staff Report TO: Planning Commission FROM: Jennifer Dam, AICP, Director of Planning DATE: October 9, 2018 SUBJECT: Zoning Change – R to GI 1762 Hills Farm Road Background: The owner of property located at 1762 Hills Farm Road, is requesting approval of a zoning change from R Rural to GI General Industrial. The reason for the request is to renovate an existing house into offices and to construct a new demonstration building on the property. The subject property currently consists of a residence, and farm utility buildings, and is listed as Rural. The Future Land Use Plan identifies the subject property as Industrial. GI General Industrial would therefore be consistent with the City’s Comprehensive Plan for Future Land Use and Character. The property is adjacent to GI, Industrial zoned property. The area is within the 100 year flood plain. Any future development will be required to conform to floodplain regulations. An annexation of this property and the preliminary and final plats associated with the Costco property will come forth in the future. Fiscal Impact: N/A Area of Proposed Change Area of Proposed Change