Planning Commission

PLANNING COMMISSION MEETING MONDAY, November169, 2020 City Council Chambers, 400 East Military Avenue, Fremont NE 5:00 P.M. The Municipal Building is undergoing renovations to install a new elevator. The west side of the building is closed. Please enter through the east door. You can take the stairs to the second floor or access the elevator by going through the lobby. Videoconference Meeting Participation Notice: In the interest of public health and safety, this meeting will also be conducted online through the Zoom link below. Citizens may also call into the meeting with the phone number below. To request to make a comment during a public hearing, please press *9 to electronically raise your hand allowing the Chair to call on you. Once called upon you will be notified that you are unmuted. Press *6 to unmute your phone and press *6 to mute your phone when you are finished speaking, or wait to be muted by the host. Jennifer Dam is inviting you to a scheduled Zoom meeting. Topic: Planning Commission November 16, 2020 Time: Nov 16, 2020 05:00 PM Central Time (US and Canada) Join Zoom Meeting https://zoom.us/j/91885799926?pwd=dW42a0lZN0xheHpoUWxmUDZuQ3cyZz09 Meeting ID: 918 8579 9926 Passcode: 505449 One tap mobile +16699009128,,91885799926# US (San Jose) +12532158782,,91885799926# US (Tacoma)  PLANNING COMMISSION MEETING Monday, November 16, 2020 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 19, 2020 Meeting as prepared. 5. Dispenses with the reading and approve the minutes of the November 10, 2020 study session as prepared. 6. A request by Paul Gifford on behalf of Fremont Area Land Company for a Re-Plat Final Plat of Morningside Pointe Addition to add radii to the corners of Lot 1, Block 1; Lots 1 and 16, Block 2; Lots 1 and 16, Block 3; Lots 1 and 15, Block 4; and Lots 1,5, 6 and 10, Block 5.The property is generally located between Luther Road and Lauren Lane, south of Morningside Road, Fremont, Nebraska. 7. A request by Mileydis Reyalado Artigas for a Conditional Use Permit to allow retail sales in a GI, General Industrial district on property generally located at 409 S. Main St., Fremont, Nebraska. 8. 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 19, 2020 5:00 p.m. Meeting Chairman Dev Sookram called the regular meeting to order at 5:00 p.m. He stated that 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, Nielsen, Gifford, Landholm, Lathrop, Borisow, Carlson, Sawyer, and Horeis present. All Nine 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. None of the commissioners disclosed any ex parte contacts. Chairman Sookram read the item: dispense with the reading of the minutes of the September 21, 2020 meeting. Commissioner Gifford made a motion to approve the minutes as prepared. Commissioner Carlson seconded the motion. By a roll call vote, Borisow, Gifford, Lathrop, Nielsen, Carlson, Sawyer, Sookram, Landholm and Horeis voted in favor. The motion carried 9-0. Chairman Sookram read the item: A request by David Mitchell for a special exception to Sections 11-615.03 and 11-812(d)(1 and 2) related to all weather surfacing and landscape buffering for 15.62 acre property generally located at the northwest intersection of County Road S and US Highways 77 & 275, continued from September 21, 2020. Jennifer Dam presented her staff report. David Mitchell requested additional paperwork in favor of the special exception be entered into the record. Commissioner Nielsen made a motion to receive the paperwork. Commission Landholm seconded the motion. By a roll call vote commissioners Borisow, Gifford, Sawyer, Horeis, Landholm, Lathrop, Carlson, Nielsen and Sookram voted in favor. The motion carried 9-0. Chairman Sookram opened the public hearing. One person spoke in favor of the Special Exception. Chairman Sookram closed the public hearing. Commissioner Sawyer made a motion to recommend approval of the Special Exception and Commissioner Nielsen seconded the motion. By roll call vote, Borisow, Sawyer, Lathrop, Nielsen, Sookram, Carlson, Horeis, Landholm and Gifford voted in favor. The motion carried 9-0. Chairman Sookram read the item: A request by Martunus Potgieter on behalf of Sweetwater Inc. for a Conditional Use permit for soil excavation on approximately 10 acres of property generally located at the southwest corner of the Old Highway 8 cul-de- sac and highway 275, continued from September 21, 2020. Planning Director Jennifer Dam presented her staff report. Chairman Sookram opened the public hearing. One person spoke in favor of recommending the motion. One person requested additional views of the property be entered into the record. Commissioner Landholm made a motion in favor of receiving the views and Commissioner Borisow seconded the motion. By a roll call vote Commissioners Nielsen, Landholm, Gifford, Sookram, Carlson, Lathrop, Horeis, Sawyer and Borisow all voted in favor. Motion passed 9-0.Chairman Sookram closed the public hearing. Commissioner Sawyer made a motion to recommend approval. Commissioner Landholm seconded the motion. By a roll call vote Nielsen, Lathrop, Sawyer, Borisow, Landholm, Carlson, Horeis, Sookram and Gifford voted in favor. Motion carried 9-0. Chairman Sookram read the item: A request by Jerry Heinrichs for a Conditional Use permit to expand a Non-Standard use by reducing the setbacks of existing buildings in order to allow the property to be subdivided into two lots on property generally located at Proctor and Dunbar Streets. Commissioner Sawyer recused himself. Planning Director, Jennifer Dam presented her staff report. Chairman Sookram opened the public hearing. One person spoke in favor of the Conditional Use Permit. Chairman Sookram closed the public hearing. Commissioner Landholm made a motion to approve and Commissioner Nielsen seconded the motion. By a roll call vote, Borisow, Gifford, Nielsen, Lathrop, Landholm, Carlson, Horeis and Sookram voted in favor of the motion. Commissioner Sawyer abstained 8-0 with one abstention. Motion carried. Commissioner Sawyer rejoined the meeting. Chairman Sookram read the item: A request by Charlie Pleskac for a Conditional Use Permit to expand a Non-Standard Use to allow a drive-thru restraint to be reconstructed on property generally located at 22nd and Broad Streets. Planning Director, Jennifer Dam presented her staff report.. Chairman Sookram opened the public hearing. Two people spoke in favor of the Conditional Use Permit. Chairman Sookram closed the public hearing. Commissioner Gifford made a motion recommending approval. Commissioner Horeis seconded the motion. By a roll call vote, Borisow, Lathrop, Landholm, Gifford, Sawyer, Carlson, Nielsen, Horeis and Sookram voted in favor of the motion. 9-0 Motion carried. Commissioners enjoyed a presentation by Jason Wright regarding Green and Complete Streets. Chairman Sookram stated he would entertain a motion to adjourn the meeting. It was moved by Commissioner Landholm and seconded by Commissioner Sawyer to adjourn the meeting. By roll call vote, Nielson, Landholm, Sookram, Sawyer, Lathrop, Borisow Gifford, Horeis and Carlson all voting aye. The motion carried 9-0. Meeting was adjourned at approximately 6:33 p.m. APPROVED _____________________________________ Dev Sookram, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  PLANNING COMMISSION MINUTES November 10,2020 5:30 p.m Study Session with City Council Mayor Getzschman called the regular meeting to order at 5:31 p.m. He stated that a copy of the Open Meetings Act is posted continually for public inspection located near the entrance door by the agendas. Roll call showed four Planning Commissioners present- Lathrop, Landholm, Horeis and Sookram. That did not constitute a quorum so at that point they were not allowed to participate in the study session. Sean Talia from Houseal-Lavigne described the role of the City Council and Planning Commission, particularly emphasizing reviewing documents as they are drafted, making sure that the needs of the community have been addressed, and helping to get the community engaged. Commissioner Borisow entered the meeting at 5:54, establishing a quorum of the Planning Commission. Mr. Talia reviewed the scope of work, planning process and provided an overview of the project schedule. Mr. Talia noted that a steering committee would be meeting in January, at which time there would be community kick off meetings, business workshops, student workshops, and DIY kits for the community. In response to questions, Mr. Talia said the complete process will take about two years and that different methods would be used to reach out to the community including stakeholder meetings, community wide meetings, DIY kits, student meetings, surveys, a web page and Map.Social, an interactive mapping program. Mayor Getzschman opened the floor to the City Council and Planning Commission to discuss the issues and opportunities that they saw for Fremont. In response to a question about eclectic neighborhoods, Mr. Talia said the new zoning code would look at lot sizes in the older parts of town and consider allowing similar types of housing to continue to be built in these areas. He also addressed questions about greenspace, walkable neighborhoods and trails, incorporating the Rawhide Creek into a community attraction, buffering between zoning districts, prioritizing street repairs and improvements, new sign codes, improving the entrances into the city, flooding measures, transportation needs, public safety, railroad crossings, and renovation of the mall. The study session adjourned at 6:44.  APPROVED _____________________________________ Dev Sookram, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: November 16, 2020 SUBJECT: Re-Plat- Morningside Pointe Addition Recommendation: Recommend approval to City Council Background This is a request to Re-plat the Morningside Pointe Addition in order to put radii on the lot corners adjacent to street corners. This will allow the sidewalks to be located in the right- of-way instead of in an easement on private property. The proposed re-plat is consistent with the preliminary plat. The City Council approved the Morningside Pointe Addition final Plat on August 28, 2018. This item was heard at the August 20, 2018 Planning Commission meeting. The Planning Commission voted unanimously to approve. The property is zoned PD, Planned Development. The area to the north is zoned LI, Light Industrial. The area to the east and south is zoned R, Rural. The area to the west is zoned AR, Auto-urban Residential.  Ph: 402.443.4661 PO Box 207 Wahoo, Nebraska 68066 "FINAL PLAT" NE CORNER NW1/4 FRAC. SEC. 30-T17N, R9E REPLAT OF MORNINGSIDE POINTE ADDITION APPROVAL OF THE CITY COUNCIL OF FREMONT, NEBRASKA: NW CORNER NW1/4 FRAC. SEC. 30-T17N, R9E PART OF THE NORTHWEST QUARTER OF MORNINGSIDE ROAD FRACTIONAL SECTION 30, TOWNSHIP 17 NORTH, RANGE 9 EAST 2020 FREMONT, NEBRASKA NOTE: LAUREN LANE APPROVAL OF THE CITY PLANNING COMMISSION OF FREMONT, NEBRASKA: PT. NW1/4 1 BLOCK 1 LEGAL DESCRIPTION: FRAC. SEC. 30-T17N-R9E SIXTH P.M. DODGE COUNTY, NEBRASKA Curve Table SAMUEL DRIVE Curve # Length Radius Delta Chord Direction Chord Length C1 25.01 25.00 57.32 N26° 45' 08"E 23.98 DEDICATION: FINAL PLAT 15 C2 23.07 50.00 26.44 N42° 11' 29"E 22.87 1 1 1 1 2 3 4 5 C3 66.22 50.00 75.88 N8° 58' 01"W 61.48 LAUREN LANE LAUREN LANE C4 64.47 50.00 73.88 N83° 50' 40"W 60.10 2 2 C5 24.82 50.00 28.44 S44° 59' 51"W 24.56 14 2 C6 24.98 24.45 58.54 S59° 44' 48"W 23.91 BLOCK 5 3 3 C7 25.01 25.00 57.32 N63° 11' 14"W 23.98 7 8 9 10 6 C8 23.16 50.00 26.53 N47° 47' 45"W 22.95 4 13 4 C9 66.00 50.00 75.63 S81° 07' 16"W 61.31 3 C10 63.63 50.00 72.92 S6° 50' 48"W 59.42 5 C11 25.79 50.00 29.55 S44° 23' 12"E 25.50 5 LUTHER ROAD LAUREN LANE C12 24.98 24.45 58.54 S30° 11' 34"E 23.91 REPLAT OF MORNINGSIDE POINTE ADDITION 6 12 6 C13 14.17 9.00 90.18 N46° 06' 33"W 12.75 4 C14 14.11 9.00 89.82 S43° 53' 27"W 12.71 8 9 10 C15 14.11 9.00 89.82 N43° 53' 27"E 12.71 7 7 6 7 11 BLOCK 3 C16 14.17 9.00 90.18 S46° 06' 33"E 12.75 5 BLOCK 2 BLOCK 4 8 C17 14.11 9.00 89.82 S43° 53' 27"W 12.71 8 C18 14.17 9.00 90.18 S46° 06' 33"E 12.75 9 C19 14.11 9.00 89.82 N43° 53' 27"E 12.71 9 KATE AVENUE TYPICAL LOT DETAIL C20 14.17 9.00 90.18 S46° 06' 33"E 12.75 10 C21 14.11 9.00 89.82 S43° 53' 27"W 12.71 10 C22 14.17 9.00 90.18 S46° 06' 33"E 12.75 11 C23 14.11 9.00 89.82 N43° 53' 27"E 12.71 11 C24 14.17 9.00 90.18 S46° 06' 33"E 12.75 12 C25 14.11 9.00 89.82 N43° 53' 27"E 12.71 12 P:\Engineering\180511.00 - Falco Subdivision, Fremont, NE\7 Design\2 Drawings\FINAL PLAT\S_180511-RE Plat_AH.dwg, on 10/14/2020 11:02 AM. C26 14.17 9.00 90.18 N46° 06' 33"W 12.75 13 13 PROJECT NO. 180511.00 DATE 10/3/2018 14 14 DRAWN BY AWH FILE NAME 15 TYPICAL LOT DETAIL S_180511-FINAL PLAT.dwg 15 FIELD BOOK FREMONT #35 LEGEND FIELD CREW MONUMENT FOUND 16 MONUMENT SET- 5/8"X24' REBAR WITH PLASTIC JG 16 CAP STAMPED "BORCHERS LS-766" CALCULATED POINT SURVEY FILE NO. D DEEDED DISTANCE VICINITY SKETCH 2020-99 G GOVERNMENT DISTANCE DODGE COUNTY M MEASURED DISTANCE REVIEW BY NEBRASKA P PLATTED DISTANCE R RECORDED DISTANCE R9E 1 REPLATTED LOT REVIEW DATE NW 1/4 NE 1/4 GRAPHIC SCALE REVISIONS T17N 30 SW CORNER NW1/4 0 20 40 80 160 SW 1/4 SE 1/4 FRAC. SEC. 30-T17N, R9E UNIT OF MEASURE IS NOTE: ALL BEARINGS ARE ASSUMED. 1 OF 2  Ph: 402.443.4661 PO Box 207 Wahoo, Nebraska 68066 2018 DETAIL "A" DETAIL "B" DETAIL "C" DETAIL "D" PT. NW1/4 1 BLOCK 1 SAMUEL DRIVE KATE AVENUE SAMUEL DRIVE FRAC. SEC. 30-T17N-R9E SIXTH P.M. 16 16 1 1 BLOCK 2 BLOCK 3 BLOCK 2 1 1 KATE AVENUE BLOCK 3 BLOCK 4 LAUREN LANE SAMUEL DRIVE BLOCK 5 DODGE COUNTY, NEBRASKA FINAL PLAT 1 BLOCK 2 DETAIL "F" DETAIL "H" DETAIL "E" 1 DETAIL "G" LUTHER ROAD BLOCK 1 LAUREN LANE LAUREN LANE REPLAT OF MORNINGSIDE POINTE ADDITION 6 16 10 BLOCK 5 BLOCK 2 BLOCK 5 SAMUEL DRIVE LAUREN LANE 15 5 BLOCK 4 BLOCK 5 LAUREN LANE P:\Engineering\180511.00 - Falco Subdivision, Fremont, NE\7 Design\2 Drawings\FINAL PLAT\S_180511-RE Plat_AH.dwg, on 10/14/2020 11:03 AM. CORNER TIES: PROJECT NO. NW CORNER NW1/4 FRACTIONAL SECTION 30-T17N-R9E 180511.00 DATE 10/3/2018 DRAWN BY AWH FILE NAME S_180511-FINAL PLAT.dwg FIELD BOOK NE CORNER NW1/4 FRACTIONAL SECTION 30-T17N-R9E FREMONT #35 LEGEND MONUMENT FOUND FIELD CREW MONUMENT SET- 5/8"X24' REBAR WITH PLASTIC JG CAP STAMPED "BORCHERS LS-766" CALCULATED POINT VICINITY SKETCH SURVEY FILE NO. D DEEDED DISTANCE DODGE COUNTY G GOVERNMENT DISTANCE NEBRASKA 2020-99 M MEASURED DISTANCE P PLATTED DISTANCE R9E REVIEW BY SW CORNER NW1/4 FRACTIONAL SECTION 30-T17N-R9E R RECORDED DISTANCE 1 REPLATTED LOT NW 1/4 NE 1/4 REVIEW DATE GRAPHIC SCALE T17N 30 REVISIONS 0 5 10 20 40 SW 1/4 SE 1/4 UNIT OF MEASURE IS NOTE: ALL BEARINGS ARE ASSUMED. 2 OF 2  STAFF REPORT TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: November 16, 2020 SUBJECT: Conditional Use Permit for retail sales in the GI, General Industrial District Recommendation: Recommend City Council approve. Background: This is a request for a Conditional Use Permit for retail sales in a General Industrial District. The property was previously used as a warehouse. The surrounding property is zoned GI, General Industrial. The building and areas to the north have industrial uses, non-conforming residential uses are to the north west, industrial uses to the southwest, a bar to the south and industrial uses to the east. 11-504.03 . identifies the criteria for retail sales which include: • They are located greater than 300 feet from any residential, AV, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway; • Primary access to the site is from a collector or arterial roadway; • Adequate precautions have been taken on behalf of the operator so as not to create an undue burden on neighboring properties via traffic, parking, and noise; and • The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation. The proposed use is greater than 300 feet from a residential district, access is from a collector road and the parking requirements are satisfied. No additional permits are required from the state or federal government. 11-316.05.B Identifies criteria for approval of a Conditional Use Permit. 11-316.05.B.1 states that “the conditional use shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the lot or tract proposed for development.” Finding: A grocery store will not undermine the implementation of an adopted plan. 11-316.05.B.2 states “The conditional use shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory.” Finding: The proposed shop is compatible with the surrounding land uses. 11-316.05.B.3 states “There is no practicable alternative location where the use is permitted as-of-right within 1,000 feet of the lot or tract proposed for development, or if such a location exists, the proposed location is more favorable in terms of: a) providing a needed community service; b) providing a critical mass of jobs that are likely to pay more than the median wages for the region; c) providing a balance of land uses, ensuring that appropriate supporting activities, such as employment, housing, leisure-time, and retail centers are in close proximity to one another; or d) making more efficient use of public infrastructure, such as off-peak street capacity.” Finding: There is not a site within 1,000 feet where the use is permitted as-of-right. 11-316.06.B.4 states “The approval of the conditional use will not create a critical mass of similar conditional uses that is likely to discourage permitted uses by making the area less desirable.” Finding: The proposed use will not create a critical mass of similar uses. 11-316.06.B.5 states “The conditional use and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding.” Finding: The proposed use is small 800 square foot specialty grocery store. The traffic impacts will be less than the abutting industrial uses or bar. 11-316.06.B.6 states “The conditional use will not use an unfairly disproportionate share of public services that would compromise the delivery of those services to other uses in the vicinity. Applicable public services include, but are not limited to, utilities, police protection, fire protection, schools, parks, and libraries.” Finding: The store will not disproportionately use public services. Fiscal Impact: N/A Area of Proposed Store Area of Proposal Area of Proposal