Planning Commission

PLANNING COMMISSION MEETING MONDAY, November 18, 2019 City Council Chambers, 400 East Military Avenue, Fremont NE PLANNING COMMISSION MEETING – 5:00 P.M. AGENDA 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 October 21, 2019 Meeting as prepared. 5. An application by Hoppe & Son LLC for a Change of Zone from R, Rural to PD, Planned Development to develop up to 290 multifamily dwelling units, 113 attached single family units consisting of duplex, triplex and row house designs along with commercial uses on property generally located at the southwest corner of Luther Road and County Road T. 6. An application by Hoppe & Son LLC for a Preliminary Plat generally consisting of 5 multifamily residential lots, 2 commercial lots, and 113 attached single family lots and 3 out lots on property generally located at the southwest corner of Luther Road and County Road T. 7. An application by Hoppe & Son LLC for a Final Plat generally consisting of 2 out lots, 63 attached single family, and 3 multifamily lots generally on property generally located at the southwest corner of Luther Road and County Road T. 8. A request by Jared Borisow to amend Section 11-920 of the City of Fremont UDC to amend the definitions of Front Yard, Side Yard, Street Side Yard and Rear Yard. 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 October 21, 2019 5:00 o’clock p.m. Meeting Chairman Dev Sookram called the meeting to order at 5:00 o’clock p.m., He stated a copy of the Open Meetings Act is posted continually for public inspection located near the entrance door by the agendas. Roll call showed Chairman Sookram and Commissioners, Landholm, Bowen, Carlson, Gifford, and Borisow were present. Six Commissioners present – a quorum was established. Chairman Sookram read the item: disclosure of Ex Parte communication regarding any item on the agenda into the record. There were no Ex Parte communications stated. Chairman Sookram read the item: dispense with the reading of the minutes of the September 16, 2019 Planning Commission Meeting as prepared into the record. It was moved by Commissioner Gifford and seconded by Commissioner Landholm to approve the minutes of the September 16, 2019 Planning Commission Meeting as prepared. A roll call vote showed all six present Commissioners voting aye. Motion carried unanimously. City Attorney Tim Buckley noted that the agenda stated the minutes were from the August 19, 2019 Planning Commission agenda instead of the September 16, 2019 agenda. Motion by Landholm, seconded by Borisow to correct the agenda to reflect the September 16, 2019 minutes instead of August 19, 2019. A roll call vote showed all six present Commissioners voting aye. Motion carried unanimously. Chairman Sookram read the items: • A request by Steve Dodd on behalf of Charles H. Diers for a final plat to be known as Brooks Hollow Second Addition consisting of 18 lots on a 5.76 acre parcel of ground located in the southwest quarter of the southwest quarter of S18, T17N, R9E generally located north of the intersection of Brooks Hollow Drive and Aberdeen Street. • An application by Steve Dodd on behalf of Charles H. Diers for a change of zone from R, Rural to SR, Suburban Residential on a 5.76 acre parcel of ground located in the southwest quarter of the southwest quarter of S18, T17N, R9E generally located north of the intersection of Brooks Hollow Drive and Aberdeen Street. • A request by Steve Dodd on behalf of Charles H. Diers for the voluntary annexation of a 5.76 acre parcel of ground located in the southwest quarter of the southwest quarter of S18, T17N, R9E generally located north of the intersection of Brooks Hollow Drive and Aberdeen Street. The Planning Director presented her staff report on these three items. She recommends approval of the Brooks Hollow Second Addition final plat with conditions that sanitary sewer service to lot 1 was provided in a previous phase; consideration be given for sanitary service north of Lot 3 and Lot 6; barricades and “end of road” signs be installed by the developer at the north end of Heatherwood and Aberdeen Streets; an approval letter must be received from the Nebraska Department of Environment & Energy for Sanitary Sewer prior to construction; approval of Notice of Intent and development of a SWPPP is received from the Nebraska Department of Environment & Energy prior to grading; approval of the Change of Zone, and; Updated November 4, 2019 approval of the Voluntary Annexation contingent upon approval of the Final Plat and Change of Zone. Chairman Sookram opened the public hearing on the final plat. No one spoke on the maters. Chairman Sookram closed the public hearing and asked for Planning Commission discussion of the item. Commissioner Borisow moved to approve the Brooks Hollow Second Final Plat with the conditions that sanitary sewer service to lot 1 was provided in a previous phase; consideration be given for sanitary service north of Lot 3 and Lot 6; barricades and “end of road” signs be installed by the developer at the north end of Heatherwood and Aberdeen Streets; an approval letter must be received from the Nebraska Department of Environment & Energy for Sanitary Sewer prior to construction; approval of Notice of Intent and development of a SWPPP is received from the Nebraska Department of Environment & Energy prior to grading. The motion was seconded by Gifford. By roll call vote, the motion carried unanimously. Chairman Sookram opened the public hearing on the Change of Zone. No one spoke on the matter. Chairman Sookram closed the public hearing and asked for Planning Commission discussion of the item. Commissioner Borisow moved approval, seconded by Commissioner Landholm. By roll call vote, the motion carried unanimously. Chairman Sookram opened the public hearing on the Conditional Annexation. No one spoke on the item. Chairman Sookram closed the public hearing. Motion by Gifford to approve the annexation conditioned upon approval of the Change of Zone and Final Plat. Seconded by Bowen. By roll call vote, the motion carried unanimously. Chairman Sookram read the item: A request by Megan Flower on behalf of Crown Castle USA, Inc. for an amendment to a conditional use permit to replace an existing cell tower with a new tower with an overall height of 129 feet on property described as a part of Tax Lot 119 located in the northeast quarter of the northwest quarter of 24, T17N, R8E, Fremont, Nebraska, generally located in Memorial Field at 1600 E Military Avenue. The planning director presented her staff report. Chairman Sookram opened the public hearing. No one spoke. Chairman Sookram closed the public hearing and asked for Planning Commission discussion. Commissioner Borisow noted that the staff report stated that landscaping around the base of the facility had previously been waived. The Planning Director stated that was the case. Commissioner Borisow indicated that he thought that landscaping was needed. He moved approval with the condition that a landscape buffer be installed around the base of the facility and that no strobe lighting be installed on the tower. Bowen seconded the motion. By roll call vote, the motion passed 5 to 1 with Gifford dissenting. Chairman Sookram read the related items: • An application by Cris Larson of Mesner Development for a conditional Commented [BN1]: Check spelling use permit to construct four triplex residential buildings on property generally described as the south 135 feet of Tax Lot 38, in Section 15, Township 17 N Range 8E, generally located between K and L Streets, south of Linden Ave., Fremont, NE. • An application by Stan Darling on behalf of the Presbyterian Church of Fremont for an amendment to a pre-existing conditional use permit for a church on property generally located at 520 W. Linden Ave., Fremont, Nebraska. Updated November 4, 2019 Commissioner Bowen indicated that he is on the LifeHouse Board, the group that is proposing the triplex application. He recused himself due to a conflict of interest and left the room. The Planning Director presented her staff reports. Chairman Sookram opened the public hearing regarding the conditional use for four triplex buildings. Tera Kucera from LifeHouse and Kelby Herman builder for Mesner Development addressed the commission and offered to answer any questions. Seeing no one else wishing to speak on the matter, Chairman Sookram closed the public hearing. Gifford moved approval conditioned upon Ordinance #5507 being approved by the City Council. The motion was seconded by Landholm. By roll call vote, the motion carried 5 to 0 with Bowen abstaining. Chairman Sookram opened the public hearing regarding an amendment to the pre-existing conditional use permit for the Presbyterian Church. Stan Darling spoke on behalf of the church. Seeing no one else wishing to speak on the matter, Chairman Sookram closed the public hearing. Borisow moved approval conditioned upon subdividing the green space from the parking lot via an administrative plat. Seconded by Carlson. The motion was seconded by Landholm. By roll call vote, the motion carried 5 to 0 with Bowen abstaining. Commissioner Bowen re-entered the meeting at approximately 5:25 pm. Chairman Sookram read the item: A request by Dan Martinez of Apex Land Surveying on behalf of Country Builders, LLC for a conditional use permit for a self-storage facility on property described as Lot 1 KM Subdivision generally located at 460 W. 52nd St, Fremont, NE. The Planning Director gave her staff report. Chairman Sookram opened the public hearing. Dan Martinez indicated that he was there on behalf of the applicant and available to answer any questions. No one else spoke on the matter. Chairman Sookram closed the public hearing. Commissioner Gifford moved approval, seconded by Commissioner Bowen. By roll call vote, the motion carried 6-0. Chairman Sookram read the item: An application by Gerald Kelly of the Lund Co. for a conditional use permit to add a 44 unit apartment structure to the Deerfield Clubhouse Apartment complex on property generally described as Lot 1, Deerfield 2nd Subdivision generally located at 1021 Howard St, Fremont, NE. The Planning Director gave her staff report. Chairman Sookram opened the public hearing. Gerald Kelly of the Lund Corporation gave a brief overview and offered to answer any questions. No one else spoke on the matter. Chairman Sookram closed the public hearing. Discussion amongst the Commission followed regarding the operation of the rain garden. Commissioner Bowen moved approval with the condition that the City Council approve Ordinance #5507. Commissioner Carlson seconded the motion. By roll call vote, the motion carried 6-0. Chairman Sookram read the related items: • A request by Justin Stark on behalf of Lincoln Premium Poultry to annex a portion of Lot 8, Poultry Complex Addition consisting of approximately 2.82 acres and located in Sections 25, 26 and 36 all in T17N, R8E, Dodge County Nebraska. Updated November 4, 2019  • A request by Justin Stark on behalf of Lincoln Premium Poultry to de-annex a portion of property consisting of approximately 12.34 acres located in S26,T17N, R8E, Dodge County, Nebraska and generally located north of Hills Farm Road and east of South Main Street. The Planning Director presented her report on both items. Chairman Sookram opened the public hearing on the request to annex a portion of Lot 8, Poultry Complex Addition. No one spoke on the matter. Chairman Sookram closed the public hearing. Commissioner Bowen moved to approve the annexation. Commissioner Gifford seconded the motion. By roll call vote, the motion carried 6-0. Chairman Sookram opened the public hearing on the request to de-annex a property consisting of approximately 12.34 acres located in S26, T17N, R8E, Dodge County, Nebraska and generally located north of Hills Farm Road and east of South Main Street. No one spoke on the matter. Chairman Sookram closed the public hearing. Commissioner Borisow moved to approve the de-annexation. Commissioner Landholm seconded the motion. By roll call vote, the motion carried 6-0. Chairman Sookram stated he would entertain a motion to adjourn the meeting. It was moved by Commissioner Landholm and seconded by Commissioner Carlson to adjourn the meeting. A roll call vote showed all six Commissioners voting aye. Motion carried unanimously. Meeting was adjourned at approximately 5:44 p.m. APPROVED _____________________________________ Dev Sookram, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning Updated November 4, 2019  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: November 18, 2019 SUBJECT: Bluestem Commons Planned Unit Development Recommendation: Recommend to City Council to approve ordinance Background: This is a request for a change of zone from R, Rural to PD, Planned Development. On property generally described as: THE NORTH 1406.00 FEET OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, LYING EAST OF THE ABANDONED CHICAGO AND NORTHWESTERN RAILWAY COMPANY RIGHT OF WAY. The property is zoned R, Rural. The property to the north, west and south is zoned R, Rural. The Ritz Lake subdivision to the east which is zoned PD, Planned Development. The Future Land Use Map from the Comprehensive Plan shows the area as future residential use. This proposal is associated with a Preliminary Plat and a Final Plat. The developer intends to establish a Sanitary Improvement District (SID) rather than annex the area of the final plat into the city. A subdivision agreement will be submitted for the action of the City Council prior to action by the City Council on the Planned Development District, Preliminary Plat or Final Plat. This staff report will be the same as the preliminary plat staff report as the issues with both overlap. The planned development is proposed to contain 114 duplex, triplex, and row house lots, 5 multi-family residential lots and two commercial lots. The duplex, triplex and row house lots meet or exceed the minimum lot sizes in the UR, Urban Residential District. The multi-family lots would contain a total of 8 apartment buildings with between 30 and 36 units each, totaling between 240 to 288 dwelling units. An additional lot for a clubhouse and green space area is provided. This will serve the entire development. An outlot with a stormwater detention cell and trail is located in the southwest corner of the property. The detention cell will be oversized to accommodate a “100 year” storm event. The overall design of the proposed Planned Development provides alternative housing types with amenities to appeal to a broad section of the Fremont market. A homeowner’s association will be established to maintain the outlots, detention cell and trail. The two commercial lots are proposed on the northeast side of the development. The narrative states that the uses on the lots are proposed to be: Permitted uses shall include but are not limited to: • Service Station/Convenience Store • Restaurant/Coffee Shop (NO drive-thru window/automobile queueing lanes) • Laundromat • Child Care Center • Mail Services • Office (Medical/Urgent Care, Insurance Agent, Lawyer, Accounting, Real Estate) • Retail Service Establishment (Boutique Commercial, Salon/Spa) • Automotive Repair Services/Car Wash • Small Animal Veterinary Services • Animal Grooming Facilities • Financial Services/Check Cashing Conditional uses shall include but are not limited to: • Financial Institutions (with drive-thru window/auto queueing lanes) • Restaurant / Fast food (with drive-thru window/auto queueing lanes) • General Merchandise Retail Sales Establishment • Mixed Use • Funeral Establishment/Funeral Home • Farmers’ Market • Small Animal Boarding Facilities • Bar/Tavern Prohibited uses shall include but are not limited to: • Adult establishments • Auto Sales and Service Establishments The proposed uses are all either limited, conditional or permitted uses in the GC, General Commercial district. The Planning Commission will need to review and the City Council will need to approve an amendment to the PD at the time the commercial lots are developed. This will allow additional review of the uses, site plan and screening. The applicant needs to provide a formula regarding the density of development for the residential areas, the bulk/height/area restrictions for the commercial areas. The developer will coordinate with the Department of Utilities to extend gas through the development. The costs will be addressed in the subdivision agreement. The developer will work with the County to widen Luther Rd and to pave and install curb and gutters in County Road T. The paving will be extended to the limits of Phase I initially. This will be addressed in the subdivision agreement. The subdivision agreement will address the costs of paving County Road T. County Road T will be required to be paved with the last phase of the development of Big Bluestem Road. The Public Works Director has found the grading and drainage study and plan satisfactory. The developer has provided easements as requested by the Utilities Department. The water design is satisfactory to the Utilities Department. The developer will work with the Utilities Department regarding the design of the sanitary sewer service to best accommodate the future growth of this area. One option is to route sanitary sewer service from the north through Bluestem Commons to a lift station. The Public Works Director, Assistant City Administrator for Utilities and the developer have agreed to work together to finalize the best design. The final design solution will be addressed in the subdivision agreement. Fire hydrants and street signage will be addressed in the subdivision agreement. Bicycle parking will be provided. The Public Works Director noted that the City Council will need to grant permission for the parking along the north end of Big Bluestem Road to back into the right-of-way. The Public Works Director noted that the sidewalks along outlots and common areas should be part of the public improvements and addressed in the subdivision agreement. Fiscal Impact: Developer will bear the cost of all public improvements required by the development per the subdivision agreement.  14710 W. DODGE RD, STE. 100 OMAHA, NE 68154 402.496.2498 LampRynearson.com R Know what's below. Call before you dig.  14710 W. DODGE RD, STE. 100 OMAHA, NE 68154 402.496.2498 LampRynearson.com R Know what's below. Call before you dig. November 7, 2019 Ms. Jennifer Dam, AICP Planning Director City of Fremont Planning & Development Department 400 East Military Avenue Fremont, NE 68026 REFERENCE: Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 Dear Ms. Dam: Submitted herewith is the revised Bluestem Commons Project Narrative for the Planned Development Rezoning Application, as required by the City of Fremont PD Response Letter and Unified Development Code Section 11.405.07. PROJECT NARRATIVE – as required by City of Fremont PD Response Letter – Section 11.405.07 The Fremont Community Housing project is a proposed PD – Planned Development located on the northeast side of the City of Fremont, consisting of approximately 34 acres at the southwest corner of County Road T and Luther Road. The existing zoning is R – Rural with adjacent zoning consisting of R – Rural to the north, west, south, and the Ritz Lake subdivision to the east which is zoned PD. The overall concept of the proposed PD is to create a multi-product residential housing community consisting of multi-family, townhomes (duplex and triplex units), and rowhomes (4 – 5 attached units) with a central clubhouse/amenity space, complemented with community focused commercial uses adjacent to the intersection of County Road T and Luther Road. The multi-family buildings will include a minimum of 30 units each and a maximum of 36 units each. The development is proposed to be constructed in 3 phases and provide a mix of residential product types supporting a range of incomes. These housing types are focused on maintaining price points accessible to employees of expanding Fremont businesses, either by renting or through ownership. The residential housing types listed above are the only permitted uses within the residential lots located throughout the development. The two proposed commercial lots within the development are each approximately 1 acre in size and are focused on supporting the residential community. Uses shall be as follows: Permitted uses shall include but are not limited to: • Service Station/Convenience Store • Restaurant/Coffee Shop (NO drive-thru window/automobile queueing lanes) Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 2 of 8 • Laundromat • Child Care Center • Mail Services • Office (Medical/Urgent Care, Insurance Agent, Lawyer, Accounting, Real Estate) • Retail Service Establishment (Boutique Commercial, Salon/Spa) • Automotive Repair Services/Car Wash • Small Animal Veterinary Services • Animal Grooming Facilities • Financial Services/Check Cashing Conditional uses shall include but are not limited to: • Financial Institutions (with drive-thru window/auto queueing lanes) • Restaurant / Fast food (with drive-thru window/auto queueing lanes) • General Merchandise Retail Sales Establishment • Mixed Use • Funeral Establishment/Funeral Home • Farmers’ Market • Small Animal Boarding Facilities • Bar/Tavern Prohibited uses shall include but are not limited to: • Adult establishments • Auto Sales and Service Establishments Multi-Family Residential – Apartments The multi-family apartments are a mix of studios, 1, 2, and 3-bedroom units. There are 15 garages with 6 dwelling units on the ground floor and 12 dwelling units on both the 2nd and 3rd floors. Based on building materials and design at the time of construction, the elevations shown in Figure 1 below are representational and subject to change as necessary. Figure 1. Front Elevation Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 3 of 8 Left Elevation Right Elevation Rear Elevation Single Family Residential – Townhomes (Duplexes / Triplexes) The townhomes consist of primarily duplexes with a few triplexes available. These are proposed to be 1-story homes, slab on grade, approximately 31’ x 61’. Based on building materials and design at the time of construction, the elevations shown below in Figure 2 are representational and subject to change as necessary. Figure 2. Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 4 of 8 Single Family Residential – Rowhomes The rowhomes consist primarily of 5 attached units with 4 attached units also available. These are proposed to be 2-story homes, slab on grade, approximately 24’ x 42’. Based on building materials and design at the time of construction, the elevations shown below in Figure 3 are representational and subject to change as necessary. Figure 3. Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 5 of 8 Clubhouse / Office Building A clubhouse/office building is the only other proposed and permitted building within the residential lot area throughout the development. The proposed clubhouse building is currently shown as a single story, slab on grade building with its own parking lot, centrally located with various amenities connected or within proximity to it. Based on building materials and design at the time of construction, the elevations shown below in Figure 4 are representational and subject to change as necessary. The clubhouse is meant to help support the community, with a programmatic management style to support residents and foster engagement/interaction (e.g. specified times for food truck events, trivia / movie nights, etc.). The clubhouse may also serve as a specific transit station/hub location for various city employers wishing to provide a means of transportation for larger groups of their employees. Uses within the clubhouse shall include but are not limited to: • General offices • Fitness center • Multi-purpose room • Conference center and work space rooms • Common lounge Figure 4. Front Elevation Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 6 of 8 Left Elevation Right Elevation Rear Elevation Amenity spaces to be accessible to all residents are intended to be centrally located adjacent to the clubhouse/office building and shall include but not be limited to the following: Phase 1 and/or 2 • Sundeck • BBQ, picnic area, and play structures • Dog park / dog run Phase 3 • Walking trail and outdoor trails around the lake Additional amenities being considered • Sports courts/fields • Playground equipment • Workplace transportation • Swimming pool Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 7 of 8 Monument Signage Two monument signs are proposed for the development, each to be located within the roadway medians at both main entrances to the development. Phase 1 would include a sign within the median at the intersection of 36th Street and Luther Road while Phase 3 would add the other sign in the median at Big Bluestem Road and County Road T. Conceptually, the signs are 6’ high by 14’ long. Based on building materials and design at the time of construction, the elevations shown below in Figure 5 are representational and subject to change as necessary. The owners acknowledge signs are not currently allowed within street ROW’s per the UDC and anticipate requesting permission from the City Council to locate them within the medians as noted above and as shown on the PD Site Plan. This request is being made to take advantage of the fill required to elevate Big Bluestem Road and 36th Street. Locating the signs within the medians would help elevate them high enough to minimize flooding potential and would be the most visually advantageous to help clearly identify the development for vehicles travelling in both directions. Locating the signs within the medians with proposed landscaping and concrete curbing will also help protect them. All maintenance required will be the neighborhood association’s responsibility. The signs will be located to comply with sight triangle requirements and shall meet all other UDC signage requirements. Figure 5. Front/Rear Elevation Left Elevation Right Elevation Land along both County Road T and Luther Road is being dedicated to the City of Fremont for public right-of- way purposes, which will update Luther Road to a 120’ wide R.O.W. and County Road T to an 80’ wide R.O.W. Easements have been created for private storm and sanitary sewer lines as well as a sanitary lift station. Please reference the plat documents for all dedications and easements. Bluestem Commons Planned Development – Revised Project Narrative – Resubmittal Job No. 0119078.01-002 November 7, 2019 Page 8 of 8 A Sanitary & Improvement District (SID) will be formed for the construction of public infrastructure. The SID will be responsible for maintenance of public sewers, water mains, streets, Outlots A, B, and C, and for the public park in Outlot C (as shown on the preliminary plat). A neighborhood association will be formed through covenants and be responsible for maintenance of the areas around the clubhouse and amenity space, as well as the main entrance monument signs. November 7, 2019 Ms. Jennifer Dam, AICP Planning Director City of Fremont Planning & Development Department 400 East Military Avenue Fremont, NE 68026 REFERENCE: Bluestem Commons – Hoppe Homes PD Zoning RESUBMITTAL / City Response Letter Job No. 0119078.01-002 Dear Ms. Dam: Submitted herewith are the required resubmittal documents for the City of Fremont Planning Commission’s November 18th, 2019 meeting/agenda regarding the Bluestem Commons project, as well as formal responses to the City’s Comment Letter dated October 29th, 2019, and the Public Works /Engineering Memo dated October 25th, 2019. Resubmittal documents shall be transmitted electronically via e-mail/PDF files and by hard copy, enclosed as follows: 1. PD – Planned Development Project Narrative (2 copies). 2. PD Plan Documents: Site Layout Plan, Storm Sewer and Grading Plan, Sanitary Sewer and Water Plan, Landscape Plan (2 copies of each). 3. Drainage Study (1 copy). 4. Preliminary Plat (2 copies). 5. Final Plat (2 copies). 6. Legal Description – Final Plat (electronic word document only). Engineer’s Responses to the City of Fremont’s October 29, 2019 comment letter. 1. A subdivision agreement is required prior to scheduling the items on the City Council agenda. RESPONSE: A subdivision agreement will be submitted as soon as possible. Owner acknowledges the City is requesting to have the first draft of the subdivision agreement submitted no later than the end of November. The City’s schedule for Planning Commission and City Council meetings is as follows: • Planning Commission: 5pm, November 18th, 2019 • City Council 1st Reading: 7pm, December 10th, 2019 • City Council 2nd Reading: 7pm, January 14th, 2020 • City Council Final Reading: 7pm, January 28th, 2020 Bluestem Commons PD Zoning RESUBMITTAL / City Response Letter November 7, 2019 Project No.: 0119078-001 Page 2 of 7 2. Outlots A, B and C need to be maintained by the SID/homeowner’s association. RESPONSE: Agreed, no issue taken. Outlots A, B and C will be maintained by the SID. The homeowner’s association will maintain the areas around the clubhouse building and amenity space as well as the main entrance monument signs. 3. Will this be an all-electric development or will you need gas? Gas lines will need to be looped in County Rd. T if you will be using it. You can coordinate with the utility department to address the costs to include in the subdivision agreement. RESPONSE: Gas will be needed for the development. No issue taken to loop the gas as requested. It is our understanding gas and power utilities are coordinated through the City of Fremont. Gas requires an application fee and is an SID cost. Power is approximately $750 per residential lot and paid per SF for the multi-family, clubhouse, and commercial lots. It is our understanding power and gas will only need to be extended to the limits of the construction within Phase 1 indicated on the plat documents. 4. Luther will need to be widened and have curb and gutter installed to County Road T. RESPONSE: Agreed, no issue taken. It is our understanding paving improvements will only need to be extended to the limits of construction within Phase 1 indicated on the platting documents. 5. The intersection at County Rd. T and Luther will need to be paved. RESPONSE: Agreed, no issue taken. It is our understanding paving improvements will only need to be extended to the limits of construction within Phase 1 indicated on the platting documents. 6. County Road T will need to be widened and paved. The subdivision agreement shall address the cost and the amount to be set aside to ensure the paving when the northern section of this subdivision is platted. RESPONSE: Agreed, no issue taken. It is our understanding provisions related to securing funds for this future work and cost sharing with the City of Fremont will be included in the subdivision agreement. 7. The area outside of the proposed final plat needs to be included as an outlot. RESPONSE: The final plat has been revised to address this. 8. More detail needs to be provided regarding the grading and drainage for the final plat and area outside of the final plat area, particularly as it relates to the pond and pond outflow. Bluestem Commons PD Zoning RESUBMITTAL / City Response Letter November 7, 2019 Project No.: 0119078-001 Page 3 of 7 RESPONSE: Additional information has been added to the drainage study as well as displayed on the grading and storm sewer plans to help define the design intent for the phased grading activities, pond sizing and overflow, as well as planned grading activities beyond Phase 1 limits which occur at the same time as Phase 1 construction to provide positive drainage patterns. The proposed pond improvements defined within the drainage study are to enlarge the existing pond on the southwestern corner of the site. The enlarging and regrading of the existing pond shall provide full retention of the 100-year and 500-year storm events at 3 feet below top of pond and 1 ½ feet below the top of pond. 9. The subdivision agreement should address a contract for fire services and an annual fee of $500 for the fire department to maintain the civil defense siren, if the area is to be in a S.I.D. RESPONSE: Agreed, no issue taken. 10. Easements are required on the perimeter of the plat to the satisfaction of the Department of Utilities. RESPONSE: The final plat has been updated to address this issue. 11. Water and sewer need to be extended to the boundaries of the plat. RESPONSE: Water – There is an existing 20” water main currently located within the Luther Road pavement ending just north of 34th Street. Our understanding is with the construction of Phase 1, we can extend the 20” main northerly on the west side of Luther Road ROW to the intersection of County Road T, then extend the 20” main westerly on the south side of County Road T ROW terminating at the proposed intersection of County Road T and Big Bluestem Road. To loop the water system internally, an 8” main will connect to the 20” main at the intersection of 36th Street and Luther Road and at the intersection of Big Bluestem Road and County Road T. Our understanding is for all main extensions in Luther Road and County Road T ROW, the SID will be responsible for half the cost of an 8” main. The other half of the 8” main cost will be paid by the City as well as all upsizing costs for the 20” main. Sanitary – The sanitary sewer system for the development will connect to an existing sanitary sewer located on the southeast side of the Luther Road and 34th Street intersection. The City has requested the existing sewer be extended in Luther Road ROW at the City’s minimum allowable slope requirement of 0.15%. This extension will allow providing sewer service to additional property to the north of Bluestem Commons. The revised Sanitary Sewer and Water plan includes this sewer extension. To verify the required capacity for this sewer extension, to verify the required capacity for the Bluestem Commons internal sanitary lift station, and to further evaluate the need for additional lift stations, we are requesting the City provide information regarding the area to be served by the sewer extension. This is also needed to evaluate cost-sharing with the City for the sewer extension and/or lift stations. 12. Turn-arounds need to be provided at the dead-end streets that can accommodate a fire truck. Bluestem Commons PD Zoning RESUBMITTAL / City Response Letter November 7, 2019 Project No.: 0119078-001 Page 4 of 7 RESPONSE: One easement has been added to the plat documents to address this issue as 34th Street is the only dead-end street extending more than 150’ past an intersecting street (Switchgrass Street). 13. Fire hydrants and street signage need to be provided by the developer. This needs to be addressed in the subdivision agreement. RESPONSE: Agreed, no issue taken. 14. The water system needs to be looped at the north end of the development at County Road T and the unnamed interior road. RESPONSE: The water main design as shown currently is looped and is noted per the response in item #11 above. 15. The SID will be required to pay half the cost of placing the water mains in Luther Rd. RESPONSE: Agreed, no issue taken; this item is addressed and noted in item #11 above. 16. The SID is required to pay to extend sewer to County Road T. RESPONSE: This item is addressed and noted in item #11 above. 17. The developer is required to design water and sewer systems to County Road T. RESPONSE: This item is addressed and noted in item #11 above. 18. All plans need to show lot, building envelope, setback and parking dimensions. RESPONSE: Building envelopes, setbacks, and parking dimensions are shown on all PD plan sheets. 19. Bicycle parking is required per the UDC. RESPONSE: Bicycle parking for the commercial, apartment, and clubhouse lots has been added and noted accordingly on the site plan. 20. Parking is not allowed in or backing into the right-of-way. RESPONSE: It is the owner’s intent to respectfully request City Council permission to keep the onstreet parking within the right-of-way as shown on the revised PD Site Plan. The onstreet parking spaces serve several uses, but primarily help supplement resident and guest parking for apartment buildings A and B. The number of parking spaces required for buildings A and B are provided for within the parking lot between them; however, these onstreet parking spaces would help meet the consistent 2:1 ratio provided for all the other units in the development and could serve both residents and guests needs. These spaces would also not be Bluestem Commons PD Zoning RESUBMITTAL / City Response Letter November 7, 2019 Project No.: 0119078-001 Page 5 of 7 exclusive to only apartment buildings A and B. With their proximity to the open green space and amenity area adjacent to the clubhouse building, these spaces can be equally available for public use. As noted in the PD Narrative, the clubhouse/amenity space area is centrally located within the development and is intended to host multiple programmatic events to serve the entire neighborhood; thus, these spaces can help serve both residents and nonresidents of Bluestem Commons. From a safety perspective, onstreet parking can help slow down traffic which is important in this type of residential development. Speed tables have also been added at the two crosswalk locations bordering the onstreet parking (from apartment building B to D, and the intersection of Big Bluestem Road and 37th Street) to help slow vehicular traffic down within this space. The onstreet parking spaces themselves have also been slightly realigned so they are more centered between these crosswalks. 21. Sidewalks are required in County Rd. T and in Luther Rd. They need to be shown on the plans. RESPONSE: Sidewalks are shown on the PD Site Plan and have been added to all other PD plans. 22. A “type C” buffer yard needs to be identified adjacent to County Road T and Luther Streets adjacent to the commercial lots on the landscape plan. Plant materials need to be shown. RESPONSE: Type C buffer yards have been added accordingly and a schematic plant schedule has been amended to help identify potential plantings. 23. A Type C buffer yard is required between the commercial lots and the apartment lots. RESPONSE: Type C buffer yard has been added accordingly. 24. Plant materials need to be identified and shown around the apartment buildings and club house. RESPONSE: Plant materials are currently shown around all buildings, and a schematic plant schedule has been amended to help identify potential plantings. 25. The specific plant materials in the planting areas need to be identified. RESPONSE: A schematic plant schedule has been amended to help identify potential plantings. A full landscape plan will be provided for review and approval at a future date when development commences. 26. The walkway from the residential area to the commercial lots, through the apartment area, needs to be shown on the landscape plan, PUD plan and preliminary plat. RESPONSE: The walkway is now shown on all PD plans. Per Dave Goedeken’s comments, sidewalks within outlots and common areas will be noted in the subdivision agreement to be built with public improvements. Bluestem Commons PD Zoning RESUBMITTAL / City Response Letter November 7, 2019 Project No.: 0119078-001 Page 6 of 7 Responses to David Goedeken, Director of Public Works/City Engineering, comments included in the memo dated October 25, 2019 regarding the Bluestem Commons preliminary layout and final plat submittal are as follows. 1. Street Improvements: Luther Road is presently 25’ +/- wide in rural section. They need to add an 8’ roadway section with curb and gutter through their frontage as Ritz Lake did previously. RESPONSE: Agreed, no issue taken. 2. Street Improvements: County Road “T” needs to be paved with a 28’ wide roadway section. Curb and gutter would not be required at this time. RESPONSE: Agreed, no issue taken. 3. Street Improvements: The site plan shown on-street parking adjacent to proposed lot 1, multi family. I’m not sure this is practice as this is their main thru street and cars would be backing out into traffic. RESPONSE: Please see item #20 above. 4. Street Improvements: They show that monument signs at their main entrances. Monuments in the right-of- way require City Council approval per city code 8-315. RESPONSE: The owner acknowledges signs are not currently allowed within street right-of-way per the UDC and anticipate requesting permission from the City Council to locate them within the medians as noted in the revised PD narrative and as shown on the PD Site Plan. This request is being made to take advantage of the fill required to elevate Big Bluestem Road and 36th Street. Locating the signs within the medians would help elevate them high enough to minimize flooding potential and would be the most visually advantageous to help clearly identify the development for vehicles travelling in both directions. Locating the signs within the medians with proposed landscaping and concrete curbing will also help protect them. All maintenance required will be the neighborhood association’s responsibility. The signs will be located to comply with sight triangle requirements and shall meet all other UDC signage requirements. 5. Street Improvements: Proposed 37th Street paving is shown stopping short of the west property line. This street should extend to the property line so future development to the west isn’t required to extend into this development. RESPONSE: Agreed, no issue taken. 6. Street Improvements: It will be my recommendation that stop signs be placed at all entrance points on to Luther Road and County Road “T”, and side street points entering 36th Street and Big Bluestem Road.  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: November 18, 2019 SUBJECT: Bluestem Commons Planned Unit Development Recommendation: Recommend to City Council to approve ordinance Background: This is a request for a change of zone from R, Rural to PD, Planned Development. On property generally described as: THE NORTH 1406.00 FEET OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, LYING EAST OF THE ABANDONED CHICAGO AND NORTHWESTERN RAILWAY COMPANY RIGHT OF WAY. The property is zoned R, Rural. The property to the north, west and south is zoned R, Rural. The Ritz Lake subdivision to the east which is zoned PD, Planned Development. The Future Land Use Map from the Comprehensive Plan shows the area as future residential use. This proposal is associated with a Preliminary Plat and a Final Plat. The developer intends to establish a Sanitary Improvement District (SID) rather than annex the area of the final plat into the city. A subdivision agreement will be submitted for the action of the City Council prior to action by the City Council on the Planned Development District, Preliminary Plat or Final Plat. This staff report will be the same as the preliminary plat staff report as the issues with both overlap. The planned development is proposed to contain 114 duplex, triplex, and row house lots, 5 multi-family residential lots and two commercial lots. The duplex, triplex and row house lots meet or exceed the minimum lot sizes in the UR, Urban Residential District. The multi-family lots would contain a total of 8 apartment buildings with between 30 and 36 units each, totaling between 240 to 288 dwelling units. An additional lot for a clubhouse and green space area is provided. This will serve the entire development. An outlot with a stormwater detention cell and trail is located in the southwest corner of the property. The detention cell will be oversized to accommodate a “100 year” storm event. The overall design of the proposed Planned Development provides alternative housing types with amenities to appeal to a broad section of the Fremont market. A homeowner’s association will be established to maintain the outlots, detention cell and trail. The two commercial lots are proposed on the northeast side of the development. The narrative states that the uses on the lots are proposed to be: Permitted uses shall include but are not limited to: • Service Station/Convenience Store • Restaurant/Coffee Shop (NO drive-thru window/automobile queueing lanes) • Laundromat • Child Care Center • Mail Services • Office (Medical/Urgent Care, Insurance Agent, Lawyer, Accounting, Real Estate) • Retail Service Establishment (Boutique Commercial, Salon/Spa) • Automotive Repair Services/Car Wash • Small Animal Veterinary Services • Animal Grooming Facilities • Financial Services/Check Cashing Conditional uses shall include but are not limited to: • Financial Institutions (with drive-thru window/auto queueing lanes) • Restaurant / Fast food (with drive-thru window/auto queueing lanes) • General Merchandise Retail Sales Establishment • Mixed Use • Funeral Establishment/Funeral Home • Farmers’ Market • Small Animal Boarding Facilities • Bar/Tavern Prohibited uses shall include but are not limited to: • Adult establishments • Auto Sales and Service Establishments The proposed uses are all either limited, conditional or permitted uses in the GC, General Commercial district. The Planning Commission will need to review and the City Council will need to approve an amendment to the PD at the time the commercial lots are developed. This will allow additional review of the uses, site plan and screening. The applicant needs to provide a formula regarding the density of development for the residential areas, the bulk/height/area restrictions for the commercial areas. The developer will coordinate with the Department of Utilities to extend gas through the development. The costs will be addressed in the subdivision agreement. The developer will work with the County to widen Luther Rd and to pave and install curb and gutters in County Road T. The paving will be extended to the limits of Phase I initially. This will be addressed in the subdivision agreement. The subdivision agreement will address the costs of paving County Road T. County Road T will be required to be paved with the last phase of the development of Big Bluestem Road. The Public Works Director has found the grading and drainage study and plan satisfactory. The developer has provided easements as requested by the Utilities Department. The water design is satisfactory to the Utilities Department. The developer will work with the Utilities Department regarding the design of the sanitary sewer service to best accommodate the future growth of this area. One option is to route sanitary sewer service from the north through Bluestem Commons to a lift station. The Public Works Director, Assistant City Administrator for Utilities and the developer have agreed to work together to finalize the best design. The final design solution will be addressed in the subdivision agreement. Fire hydrants and street signage will be addressed in the subdivision agreement. Bicycle parking will be provided. The Public Works Director noted that the City Council will need to grant permission for the parking along the north end of Big Bluestem Road to back into the right-of-way. The Public Works Director noted that the sidewalks along outlots and common areas should be part of the public improvements and addressed in the subdivision agreement. Fiscal Impact: Developer will bear the cost of all public improvements required by the development per the subdivision agreement. 14710 W. DODGE RD, STE. 100 OMAHA, NE 68154 402.496.2498 LampRynearson.com TODD L. WHITFIELD LS-561  14710 W. DODGE RD, STE. 100 OMAHA, NE 68154 402.496.2498 LampRynearson.com R Know what's below. Call before you dig.  14710 W. DODGE RD, STE. 100 OMAHA, NE 68154 402.496.2498 LampRynearson.com R Know what's below. Call before you dig.  Staff Report TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: November 18, 2019 SUBJECT: Bluestem Commons Addition Final Plat Recommendation: Approval Background: This request for the Bluestem Commons Addition final plat is associated with a request for a change of zone from R, Rural to PD, Planned Development and with a request for the Bluestem Commons Preliminary Plat. The developer intends to use an SID instead of annexing the development into the city with the approval of the final plat. The proposed final plat is consistent with the proposed preliminary plat. The Future Land Use map shows the area for residential development. A subdivision agreement is required to prior to approval by City Council to address the issues specified in the Preliminary Plat and Planned Development reports, and to establish the SID.  14710 W. DODGE RD, STE. 100 OMAHA, NE 68154 402.496.2498 LampRynearson.com TODD L. WHITFIELD LS- “ ”  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP DATE: November 18, 2019 SUBJECT: Proposed change to UDC Recommendation: Recommend approval of amended language to City Council Background: This is a request by Jarod Borisow to amend the definitions in 11-920 of Front Yard, Side Yard, Street Side Yard and Rear Yard. The changes are proposed to clarify parking in commercial and industrial areas, particularly with landscaped buffer yards. The proposed changes are as follows: 11-920 Definitions: Front Yard. Open, landscaped area at grade between the front yard setback line(s) and the front lot line(s), and extending the full width of the lot. The front yard shall be reserved as a landscaped area, however it may be crossed by a sidewalk or driveway serving the property. Parking may be utilized in the Front Yard except in required buffer yards. Rear Yard. Open, landscaped area at grade between the rear] yard setback line(s) and the rear lot line(s) extending the full depth of the lot. The rear side yard shall be reserved as a landscaped area, however it may be crossed by a sidewalk or driveway serving the property. Parking may be utilized in the Rear Yard except in required buffer yards. Side Yard. Open, landscaped area at grade between the side yard setback line(s) and the side lot line(s), and extending the full depth of the lot. The side yard shall be reserved as a landscaped area, however it may be crossed by a sidewalk or driveway serving the property, however it may be crossed by a sidewalk or driveway serving the property, including a driveway along the length of the side yard. Parking may be utilized in the Side Yard except in required buffer yards. Street Side Yard. Open, landscaped area at grade between the street [side] yard setback line(s) and the street [side] lot line(s) extending the full depth of the lot. The street side yard shall be reserved as a landscaped area. Parking may be utilized in the Street Side Yard except in required buffer yards.