Planning Commission

PLANNING COMMISSION MEETING MONDAY, March 15, 2021 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. Jennifer Dam is inviting you to a scheduled Zoom meeting. Jennifer Dam is inviting you to a scheduled Zoom meeting. Topic: March Planning Commission Time: Mar 15, 2021 05:00 PM Central Time (US and Canada) Join Zoom Meeting https://zoom.us/j/92944964839?pwd=eWZ2Ny8zSUEwdy9iZDdWN2t5UGF1dz09 Meeting ID: 929 4496 4839 Passcode: 740404 One tap mobile +16699009128,,92944964839# US (San Jose) +12532158782,,92944964839# US (Tacoma) 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.  PLANNING COMMISSION MEETING MONDAY, March 15, 2021 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 February 15, 2021 Meeting as prepared. 5. A request by Trent R. Sidders for an amendment to the Redevelopment Plan for the North Broad Street Redevelopment Area for the Project Protein Redevelopment Project generally located on the west side of N. Yager Road, approximately 880 feet south of Highway 30/275. 6. A request by the City of Fremont for a text change to Table 11-603.01.01 and Table 11-603.01.02 of the Unified Development Code to adjust the floor area ratio and setbacks in the BP, Business Park zoning district. 7. A request by Karen and Matt Wewel for a text change to Section 11-614.02 of the Unified Development Code regarding fences and walls in residential districts. 8. A request by Sarah Bosehart for a sign plan for a future Scooters generally located at the northeast corner of E 23rd Ave. and N Luther Road. 9. A request by Scott Kolb for a sign plan for Dairy Queen generally located at the northeast corner of 22nd and N Broad Streets. 10. Review and update the Planning Commission By-Laws 11. 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 February 15, 2021 5:00 p.m. Meeting Chairman Jarod Borisow 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 Borisow and Commissioners Gifford, Carlson, Washburn, Landholm, Lathrop, Sawyer, and Horeis present. Eight Commissioners present – a quorum was established. Chairman Borisow 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 Borisow read the item: dispense with the reading of the minutes of the January 18, 2021 meeting. Commissioner Sawyer made a motion to approve the minutes as prepared. Commissioner Nielsen seconded the motion. By a roll call vote, Borisow, Gifford, Lathrop, Nielsen, Washburn, Sawyer, Landholm and Horeis voted in favor. The motion carried 8-0. Chairman Borisow read the item: a request by William Stott on behalf of the Salvation Army for a Conditional Use Permit to expand a non-standard use into the rear yard setback on property described as Lots 1 and 2 and the South 16’ of the East 104.18’ of Lot 11, Balding’s Subdivision of Block 109 of the Original Town of Fremont. This property is located in Dodge County at 707 N I Street, Fremont, NE. Planning Director Dam presented her staff report. No one from the public testified in favor or in opposition. Commissioner Gifford moved to recommend approval, seconded by Commissioner Landholm. By a roll call vote, Commissioners Carlson, Sawyer, Landholm, Horeis, Borisow, Lathrop, Gifford and Washburn voted aye. The motion carried 8-0. Chairman Borisow read the item: a request by the Public Works Director to review the 1- and 6- year road plan for conformance with the Comprehensive Plan. Public Works director gave his staff report. No one testified in favor or opposition. Commissioner Sawyer moved to find the plan in conformance with the Comprehensive Plan. The motion was seconded by Commissioner Landholm. The motion passed 8-0 by a roll call vote with Commissioners Gifford, Lathrop, Borisow, Sawyer, Landholm, Horeis, Washburn and Carlson voting in favor. Chairman Borisow read the item: a request by the City of Fremont to consider the Fremont Area 10 Blight and Substandard Study covering an area generally described as lying between the Fillmore Western Railway line on the south and the Burlington Northern Santa Fe rail line on the north. N. Yager Road on the east and approximately 250 feet west of N. Broad Street on the west; and including the Mid America Truck Wash property located at 321 Cathy Ave. The properties are located in Section 2, Township 17 N, Range 8E and in Section 11, Township 17 N, Range 8 E, Dodge County, Nebraska. Commissioner Washburn indicated that he had a conflict of interest and left the room. Planning Director Dam gave her staff report. There were no comments in favor or against from the public. Commissioner Landholm moved to recommend that the area be declared blighted and substandard. Commissioner Gifford seconded the motion. By a roll call vote, Commissioners Borisow, Carlson, Lathrop, Horeis, Gifford, Sawyer and Landholm voted in favor, Commissioner Washburn abstained. The motion carried 7 to 0 with 1 abstention. Chairman Borisow read the item: a request by Trent R. Sidders for a Change of Zone from R, Rural to PD, Planned Development with General Industrial uses on property generally described as Tax Lots 35 and 37 located in Section 2, Township 17 North, Range 8E, Dodge County, Nebraska and generally located on the west side of Yager Road approximately 880 feet south of Highway 30. Planning Director Dam gave her staff report. The applicant provided an overview of the project. Sawyer moved to recommend approval, seconded by Washburn. By a roll call vote, Commissioners Sawyer, Borisow, Gifford, Carlson, Lathrop, Horeis, Landholm and Washburn voted in favor. Motion carried 8-0. Chairman Borisow read the item: a request by Trent R. Sidders to voluntarily annex property generally described as a portion of Tax Lot 48, a portion of Tax Lot 33, Tax Lot 35, Tax Lot 37 all located in Section 2, Township 17 North, Range 8E, along with Lots 2 and 4, Block 2, L J Abbott Subdivision, Dodge County, Nebraska. Commissioner Washburn indicated that he had a conflict of interest and left the room. Planning Director Dam provided her staff report. Commissioner Gifford moved to recommend approval which was seconded by Horeis. By a roll call vote, Commissioners Horeis, Borisow, Gifford, Carlson, Sawyer and Lathrop voted in favor while Commissioner Washburn abstained. Motion carried 7-0 with 1 abstention. Chairman Borisow indicated that the following item would be continued until March 15, 2021: A request by the City of Fremont for a Change of Zone from BP, Business Park to LI, Light Industrial on property generally located between N. Yager Rd. on the west; 110 feet west of N. Laverna St. on the east; the Rawhide Creek on the south, and; 32nd Street on the north, located in Fremont, Nebraska. Commissioner Landholm made a motion to continue the item which was seconded by Gifford. By a roll call vote, Commissioners Landholm, Borisow, Lathrop, Carlson, Gifford, Horeis, Sawyer and Washburn voted in favor of the continuance. The motion carried 8-0. Chairman Borisow read the item: a request by the City of Fremont to amend Table 11- 502.02 of the Unified Development Code to add the land use Personal Camp Site. Consultant Jackie Wells from the Houseal-Lavigne planning firm provided an overview of the “expedited” amendments to the UDC. Planning Director Dam provided her staff report. Commissioner Landholm moved to recommend approval which was seconded by Carlson. By a roll call vote, Commissioners Landholm, Borisow, Lathrop, Carlson, Gifford, Horeis, Sawyer and Washburn voted in favor. The motion carried 8-0. Chairman Borisow read the item: a request by the City of Fremont to amend Table 11- 502.03 of the Unified Development Code related to the following uses: Carwash; Non- transient Lodging Services; Restaurant, drive-through, and; Small Animal Boarding Facilities/Kennels. Consultant Jackie Wells from the Houseal-Lavigne planning firm provided an overview of the “expedited” amendments to the UDC. Planning Director Dam provided her staff report. There was no public testimony. Commissioner Washburn moved to recommend approval which was seconded by Gifford. By a roll call vote, Commissioners Sawyer, Borisow, Gifford, Carlson, Lathrop, Horeis, Landholm and Washburn voted in favor. Motion carried 8-0. Chairman Borisow read the item: a request by the City of Fremont to amend Section 11- 504.02 of the Unified Development Code regarding Institutional, Recreation, and Amusement Use Standards for Campgrounds and Personal Camp Sites. Planning Director Dam provided her staff report. There was no public testimony. Commissioner Horeis moved to recommend approval which was seconded by Landholm. By a roll call vote, Commissioners Sawyer, Borisow, Gifford, Carlson, Lathrop, Horeis, Landholm and Washburn voted in favor. Motion carried 8-0. Chairman Borisow read the item: a request by the City of Fremont to amend Section 11- 504.03 of the Unified Development Code regarding Commercial Use Standards for Restaurant, Drive Through; Carwash; Service station; and Small Animal Boarding Facility/Kennel. Planning Director Dam provided her staff report. There was no public testimony. Commissioner Sawyer moved to recommend approval which was seconded by Carlson. By a roll call vote, Commissioners Sawyer, Borisow, Gifford, Carlson, Lathrop, Horeis, Landholm and Washburn voted in favor. Motion carried 8-0. Chairman Borisow read the item: a request by the City of Fremont to amend Section 11- 616.B regarding encroachments of required yards to include egress window wells and temporary ADA ramps. Planning Director Dam provided her staff report. There was no public testimony. The Planning Commission discussed patios and egress window wells. Commissioner Horeis moved to recommend approval which was seconded by Carlson. By a roll call vote, Commissioners Sawyer, Borisow, Carlson, Lathrop, Horeis, Landholm and Washburn voted in favor while Gifford voted against. Motion carried 7-1. Chairman Borisow read the item: a request by the City of Fremont to amend Section 11- 920 of the Unified Development Code regarding the definitions of Campground, Camping Unit, Carwash, Duplex, Dwelling Unit, Kennel, Lodging House, Lot, Multifamily, Personal Camp Site, Rowhome, Service Station, Storage Yard, Townhome, and Transient Lodging Services. Consultant Jackie Wells from the Houseal-Lavigne planning firm provided an overview of the “expedited” amendments to the UDC. Planning Director Dam provided her staff report. There was no public testimony. Planning Commissioner Gifford had a question about the duplex definition which requires a fire wall between two units in a duplex. The Chief Building Official, Don Simon, stated that the building code already requires that a 2- hour fire wall between the units in a duplex or a townhouse. There was discussion among the Planning Commission. Commissioner Sawyer moved to recommend approval which was seconded by Landholm. By a roll call vote, Commissioners Borisow, Carlson, Landholm, Sawyer and Lathrop voted aye and Commissioners Horeis, Gifford and Washburn voted nay. The motion carried 5-3. Chairman Borisow read the item: a request by Deborah Newill on behalf of FurEver Home, Inc for a conditional use permit for a small animal boarding facility/kennel on property generally located at 925 W. 6th St., Fremont, Nebraska. Planning Director Dam read her staff report. The applicant responded to questions from the Planning Commission regarding the fenced area and noise. A member of the Public testified in opposition. He stated concerns about noise, the proximity to residential uses, whether the building would provide adequate air circulation and drainage, and the impact on his property values. The applicant responded that the building would meet all Department of Agriculture guidelines, would have insulation that would reduce noise, described the outdoor area, and noted that the trains made more noise. Planning Commissioner Horeis made a motion to recommend conditional approval which was seconded by Gifford. By a roll call vote, Commissioners Borisow, Carlson, Lathrop, Horeis and Sawyer voted in favor. Commissioners Washburn, Gifford and Landholm voted against. The motion carried 5-3. Commissioner Sawyer made a motion which was seconded by Commissioner Landholm to adjourn the meeting. By roll call vote, Carlson, Landholm, Washburn, Sawyer, Lathrop, Borisow, Gifford, and Horeis voting aye. The motion carried 8-0. Meeting was adjourned at approximately 6:44 p.m. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  Staff Report TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: March 15, 2021 SUBJECT: Request for Amendment to the North Broad Street Redevelopment Plan for the Project Protein Redevelopment Project Recommendation: Recommend approval of the redevelopment plan amendment and adoption of the findings to the Community Development Authority and the City Council. Background: This is a request for an amendment to the North Broad Street Redevelopment Plan to include the Project Protein redevelopment project. The expanded area, including the area of Project Protein, was declared blighted and substandard by the Fremont City Council on February 23, 2021. The original area was declared blighted and substandard by the Fremont City Council on November 28, 2017. The Redevelopment Plan for the North Broad Street Redevelopment Area was approved by the Fremont City Council on February 13, 2018. The purpose of the amendment is to amend the Redevelopment Area to add blighted and substandard property and to identify the Project Protein redevelopment project. The Project Protein Redevelopment Project will include the construction of an approximately 202,000 square foot cold storage warehousing, distribution and manufacturing facility. An approximately 165,000 square foot expansion of the facility is anticipated for a second phase for a total of approximately 367,000 square foot facility. The facility operations will include receiving and blast freezing fresh protein products, storing the products and exporting the products. A rail switch and siding to connect to the adjacent Burlington Northern Santa Fe rail road track. The Industrial use of the property is consistent with the Comprehensive Plan, which designates the area for Industrial Uses on the Future Land Use Map. 18-2103(28) of the Nebraska Revised Statutes defines what work may be included in a redevelopment project, including land acquisition, installation of public improvements, preparation of the plan, and survey work, among other things. Findings: The area was declared blighted and substandard in February 2021. The industrial uses are consistent with the Comprehensive Plan and the North Broad Street Redevelopment Plan. The base project area valuation is $284,737 The estimated completed Project Assessed Valuation is $43,384,744 The estimated Tax Increment Base is $43,099,007 The estimated annual projected tax shift is $882,334 The estimated total project investment is approximately $75,000,000 An estimated $9,549,902 in tax increment financing is necessary to provide for the construction and installation of infrastructure and related eligible expenditures. The proposed redevelopment projects would not be feasible without tax increment financing. The proposed redevelopment projects are in the best economic interest of the City of Fremont.  AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE NORTH BROAD STREET REDEVELOPMENT AREA OF THE CITY OF FREMONT, NEBRASKA (PROJECT PROTEIN REDEVELOPMENT PROJECT) The City of Fremont, Nebraska (“City”) has undertaken a plan of redevelopment within the community pursuant to the adoption of the Redevelopment Plan for the North Broad Street Redevelopment Area in the City of Fremont, as amended (the “Redevelopment Plan”). The Redevelopment Plan was prepared by the City in January of 2018 and was approved by the City Council of the City on February 13, 2018. The Redevelopment Plan serves as a guide for the implementation of redevelopment activities within certain areas of the City, as set forth in the Redevelopment Plan. Pursuant to the Nebraska Community Development Law codified at Neb. Rev. Stat. §§ 18-2101 through 18-2154 (the “Act”), the City created the Community Development Agency of the City of Fremont (“CDA”), which has administered the Redevelopment Plan for the City. The purposes of this Plan Amendment are to: (a) amend the Redevelopment Area described in the Redevelopment Plan to add certain blighted and substandard property, as depicted on the map attached hereto as Exhibit “A” and incorporated herein by this reference (the “Additional Redevelopment Area”), to the Redevelopment Area; and (b) identify a specific project (the “Project”) within the Redevelopment Area that will cause the removal of blight and substandard conditions on the Project Site, as hereinafter defined, and describe the implementation of the Project, which will occur in two phases. I. GENERAL REDEVELOPMENT PLAN AMENDMENT A. Statutory Requirements The Act defines a “redevelopment plan” as “a plan, as it exists from time to time for one or more community redevelopment areas, or for a redevelopment project, which (a) conforms to the general plan for the municipality as a whole and (b) is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelopment area, zoning and planning changes, if any, land uses, maximum densities, and building requirements.” Neb. Rev. Stat. §18-2103(13). The Act further defines the required contents of a redevelopment plan: “A redevelopment plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements, and the proposed land uses and building requirements in the redevelopment project area, and shall include without being limited to: (1) The 1 boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property therein; (2) a land-use plan showing proposed uses of the area; (3) information showing the standards of population densities, land coverage, and building intensities in the area after redevelopment; (4) a statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, or building codes and ordinances; (5) a site plan of the area; and (6) a statement as to the kind and number of additional public facilities or utilities which will be required to support the new land uses in the area after redevelopment. Any redevelopment plan may include a proposal for the designation of an enhanced employment area.” Neb. Rev. Stat. §18-2111. The Act also states that a redevelopment plan may contain a provision authorizing tax increment financing. Neb. Rev. Stat. §18-2147. The Redevelopment Plan for the North Broad Street Redevelopment Area contains the required elements of a redevelopment plan under the Act. In order to expand the Redevelopment Area described therein, this Plan Amendment addresses the statutory requirements of a redevelopment plan with respect to the Additional Redevelopment Area. B. Redevelopment Area The real property constituting the Additional Redevelopment Area is described on Exhibit “B” attached hereto and incorporated herein by this reference. The Additional Redevelopment Area to be added to the North Broad Street Redevelopment Area was declared blighted and substandard by the City Council of the City of Fremont on February 23, 2021, based upon a Blight and Substandard Study prepared by JEO Consulting Group, Inc. in December of 2020. The Additional Redevelopment Area will be annexed by the City of Fremont upon approval of an annexation ordinance by the City Council of the City of Fremont, which is to be considered on March 30, 2021, immediately preceding the approval of this Plan Amendment. The Additional Redevelopment Area is adjacent to, contiguous with, and an uninterrupted continuation of the North Broad Street Redevelopment Area. A map of the Revised Redevelopment Area, consisting of both the North Broad Street Redevelopment Area and the Additional Redevelopment Area, is attached hereto as Exhibit “C”. Any future reference to the “North Broad Street Redevelopment Area” or the “Redevelopment Area” shall be deemed to include the property described herein as the Revised Redevelopment Area. The legal description and map of the North Broad Street Redevelopment Area set forth in the Redevelopment Plan are hereby amended and replaced in their entirety such that the North Broad Street Redevelopment Area shall consist of the property set forth on the map attached hereto as Exhibit “C”. A portion of the Study Area identified in the Blight and Substandard Study is currently located adjacent to but outside the corporate limits of the City of Fremont. 2 Land outside the corporate limits of the City is not included in the Redevelopment Area at this time and is not eligible for the use of tax increment financing until such land is annexed into the City. Provided, however, it is the intent of the City of Fremont and the Community Development Agency of the City of Fremont (the “CDA”), that this Redevelopment Plan shall be amended to include that portion of the Study Area outside the corporate limits of the City upon the annexation of such remaining land and that land shall be eligible for the use of tax increment financing as part of a redevelopment project. C. Land Use Plan This Redevelopment Plan adopts and incorporates the Comprehensive Plan of the City as it relates to the Additional Redevelopment Area. The “Guiding Principles” included in the Land Use and Character chapter of the Comprehensive Plan include ensuring the availability of commercial and industrial land to attract new businesses to the community. Further, the policies identified in the Economic Development chapter of the Comprehensive Plan include expansion of the use of economic development tools, specifically including tax increment financing. This Redevelopment Plan is consistent with the Comprehensive Plan in that it ensures the availability of land for commercial and industrial uses, and expands opportunities for the use of tax increment financing which will attract new businesses to the City. A map showing the existing uses of the real property in and around the City, including the Additional Redevelopment Area, is attached hereto as Exhibit “D” and incorporated herein. A map showing the future uses of the real property in and around the City, including the Additional Redevelopment Area, is attached hereto as Exhibit “E” and incorporated herein. The Future Land Use Map contained in the City’s Comprehensive Plan reflects that the Additional Redevelopment Area should be developed for commercial and industrial uses. This Redevelopment Plan is consistent with that designation in the City’s Comprehensive Plan. D. Project Specific Requirements As future redevelopment projects that occur in the Additional Redevelopment Area are identified, this Redevelopment Plan shall be amended to include, at a minimum, the following information with respect to each such redevelopment project, as required by the Act: (1) The boundaries of the redevelopment project area, with a map showing the existing uses and condition of the real property therein; (2) a land-use plan showing proposed uses of the area; (3) information showing the standards of population densities, land coverage, and building intensities in the area after redevelopment if relevant; (4) a statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, or building codes and ordinances; (5) a site plan of the area; and (6) a statement as to the kind and number of additional public facilities or utilities which will be required to support the new land uses in the area after redevelopment. This Plan Amendment identifies an initial redevelopment project that will 3 occur in the Additional Redevelopment Area. As stated above, additional redevelopment projects shall be identified in amendments to the North Broad Street Redevelopment Plan. E. Tax Increment Financing The City and the CDA contemplate the use of tax increment financing (“TIF”) for the redevelopment projects identified in this Plan Amendment, as amended from time to time. TIF is authorized under Section 18-2147 of the Act, which states that any ad valorem tax levied upon real property, or any portion thereof, in a redevelopment project shall be divided, for a period not to exceed fifteen years after the effective date as identified in the project redevelopment contract or in the resolution of the authority authorizing the issuance of bonds pursuant to the Act, as follows: (a) That portion of the ad valorem tax which is produced by the levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds of each such public body in the same proportion as are all other taxes collected by or for the body (“Base Tax Amount”); and (b) That portion of the ad valorem tax on real property, as provided in the redevelopment contract or bond resolution, in the redevelopment project in excess of the Base Tax Amount, if any, (referred to as the “Incremental Tax Amount”) shall be allocated to and, when collected, paid into a special fund of the authority to be used solely to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans, notes, or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such authority for financing or refinancing, in whole or in part, the redevelopment project. For any redevelopment project in the North Broad Street Redevelopment Area that will utilize TIF, this Redevelopment Plan shall be amended to identify the redevelopment project and shall provide sufficient information to support a determination that: (i) the redevelopment project as designed would not be economically feasible without the use of TIF; (ii) the redevelopment project as designed would not occur in the North Broad Street Redevelopment Area without the use of TIF; and (iii) the costs and benefits of the redevelopment project are in the long-term best interest of the City. F. Conclusion This Plan Amendment expands the North Broad Street Redevelopment Area to include the Additional Redevelopment Area. The Additional Redevelopment Area is in need of redevelopment to remove blight and substandard conditions. The Redevelopment Plan for the North Broad Street Redevelopment Area, as amended from time to time, shall guide and assist the CDA and the City in their efforts to 4 foster and facilitate redevelopment activities pursuant to the Act. II. PROJECT PROTEIN REDEVELOPMENT PROJECT The purpose of this Article II of the Plan Amendment is to identify a specific redevelopment project within the amended North Broad Street Redevelopment Area that will cause the removal of blight and substandard conditions on the site located in the City of Fremont, Nebraska described on the attached and incorporated Exhibit “F”. The Project under consideration consists of the construction of an approximately 202,000 square foot cold storage warehousing, distribution and manufacturing facility, as well as an approximately 165,000 square foot expansion of the facility, in a series of two phases on the Project Site for a total of 367,000 square feet. Operations in the newly constructed facility are intended to include receiving and blast freezing fresh protein products, storing, and ultimately exporting the same. The Project is also anticipated to include installation of a rail switch and siding connecting to the adjacent Burlington Northern Santa Fe railroad track in order to export the protein products that are frozen and stored on site. A. The Project Site The Project Site is in need of redevelopment. The CDA has considered whether the redevelopment of the Project Site will conform to the City’s general plan and the coordinated, adjusted, and harmonious development of the City and its environs. In this consideration, the CDA finds that the proposed redevelopment of the Project Site will promote the health, safety, morals, order, convenience, prosperity, and the general welfare of the community including, among other things, the promotion of safety from fire, the promotion of the healthful and convenient distribution of population, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary and unsafe dwelling accommodations or conditions of blight. The blighted condition of the Project Site and the Redevelopment Area has contributed to its inability to attract business and/or development. In order to support private development, the Project Site and the Redevelopment Area are in need of redevelopment. The Project Site is currently vacant and undeveloped. In order to attract private development, the Project Site will require significant upfront costs, including site preparation and grading, installation of public utilities, and infrastructure improvements. Due to the upfront costs required to eliminate the blight and substandard conditions from the Project Site, the Project is not feasible without the use of tax increment financing, which will be used to pay for eligible expenditures under the Act. The redevelopment of the Project Site is anticipated to eliminate the current blight and substandard conditions of the Project Site and will further the purposes of the Act in conformity with the Redevelopment Plan. 5  B. Description of the Project VCS Fremont Property I, LLC, (as successor to Compound Holdings, LLC) (the “Redeveloper”) has submitted a proposal for the redevelopment of the Project Site in two phases. Phase I of the Project will consist of the construction of an approximately 202,000 square foot cold storage warehousing, distribution and manufacturing facility. A subsequent approximately 165,000 square foot expansion will constitute Phase II of the Project and result in a total size of 367,000 square feet. It is anticipated that construction of the first phase of the Project will commence in April of 2021, with substantial completion occurring early in 2022. Phase II of the Project is anticipated to commence in approximately 2024 or 2025. The proposed site plan for the Project is attached hereto as Exhibit “G” (the “Site Plan”). The Site Plan is conceptual in nature and is subject to revision, but it presents the vision and intended character for the Project. In order to implement the Project in two phases, the Project Site will be subjected to a condominium regime to create at least two distinct parcels for real estate tax assessment purposes. Implementation of the Project in two phases is crucial to the successful development of the Project Site because it will allow the Redeveloper to maximize the tax increment financing resources available for critical public improvements in the Redevelopment Area. The implementation of the Project in phases is described in greater detail below. The Redeveloper will pay the costs of the private improvements, including the costs of construction of the buildings on the Project Site. As part of the Project, the CDA shall capture available tax increment revenues generated by the phased redevelopment of the Project Site to reimburse the Redeveloper or assist in payment for the public improvements listed as eligible expenditures under the Act in the Redevelopment Area and to be more fully described in the Redevelopment Agreements. Such public improvements may include, but are not limited to: site acquisition, site preparation and grading, installation of public utilities, architectural and engineering fees, installation of streets and sidewalks, construction of a rail spur, façade enhancements, energy enhancements, landscaping, and other improvements deemed feasible and necessary in support of the public health, safety, and welfare which qualify as eligible expenditures for public improvements under the Act. The specific public improvements for which the available tax increment revenues generated by the Project will be used will be described in more detail in the Redevelopment Agreement. The Project is consistent with the Redevelopment Plan for the North Broad Street Redevelopment Area and the Comprehensive Plan of the City of Fremont, which encourage commercial and industrial development, and the use of economic development tools to attract new businesses to the City. The Future Land Use map set forth in the Comprehensive Plan identifies the future land use of the Project Site as industrial. 6  C. Implementation of the Project The Redeveloper intends to complete the Project in two phases. In order to do so, the Project Site will be subject to a condominium regime, which will establish separate and distinct parcels for Phase I and Phase II of the Project. The private improvements and the public improvements to be constructed by the Redeveloper as a part of each phase will be more particularly described in Redevelopment Agreements for each phase of the Project between the CDA and the Redeveloper. The implementation of each phase will mirror the Redeveloper’s anticipated construction schedule. Each phase may support separate tax increment financing indebtedness for such phase. Further, the “Effective Date” for the division of the ad valorem taxes generated by each phase of the Project will be determined for each phase by its construction schedule and completion date in order to preserve the tax increment financing resources available for the public improvements to be constructed as part of the Project. The implementation of the Project in two phases is crucial to the successful development of the Project, as it will allow the Redeveloper to incrementally increase its warehousing, distribution and manufacturing capacity, and adapt Phase II of the Project to the needs of its growing business. For this reason, the size of the Phase II expansion facility, and the schedule for implementation of Phase II, are subject to adjustment. The CDA acknowledges that any adjustments to the private improvements, the public improvements, or the timing of construction of Phase II of the Project shall be a minor modification to the Redevelopment Plan and this Redevelopment Plan Amendment. Further, completion of the Project in two phases will allow the Redeveloper to optimize the tax increment financing resources available for public improvements in the Redevelopment Area. Due to the scope of the Project and the public improvements to be constructed, the CDA acknowledges that the Redeveloper would not undertake Phase I of the Project, without the benefit of tax increment financing with respect to Phase II of the Project. D. Statutory Elements As described above, the Project envisions the capture of the incremental taxes created by the Project on the Project Site to pay for those eligible expenditures as set forth in the Act. Attached as Exhibit “H” and incorporated herein by this reference is a consideration of the statutory elements under the Nebraska Community Development Law. E. Cost-Benefit Analysis Pursuant to Section 18-2113 of the Act, the CDA must conduct a cost-benefit analysis for any redevelopment project that will utilize TIF. The Cost-Benefit Analysis for the Project is attached hereto as Exhibit “I” and shall be approved as part of this Plan Amendment. The estimated costs of the Project, the estimated TIF proceeds, and the proposed method of financing the Project are set forth in the Cost- 7 Benefit Analysis. F. Additional Project Information The Redeveloper has represented that without the use of TIF, this Project would not be feasible and the Redeveloper could not undertake the Project as designed on the Project Site. Redeveloper and Compound Holdings have both filed applications with the Department of Revenue to receive tax incentives under the Nebraska Advantage Act, and such applications will include, as one of the tax incentives, a refund of the City’s local option sales tax revenue. The application of the Redeveloper and Compound Holdings have been approved. However, it is unclear at this time whether the Redeveloper’s current application or the Compound Holdings application will be utilized for the Project. 8  EXHIBIT “A” Additional Redevelopment Area Exhibit “A”  EXHIBIT “B” Description of Additional Redevelopment Area Parcel 270139122 That portion of the North Half of the Southeast Quarter (N1/2SE1/4) of Section Two (2), Township Seventeen (17) North, Range Eight (8), East of the 6th P.M., Dodge County, Nebraska lying South and East of the Railroad Right-of-Way, also known as Tax Lots Thirty-Five (35) and Thirty-Seven (37) in the North Half of the Southeast Quarter (N1/2SE1/4) of Section Two (2), Township Seventeen (17) North, Range Eight (8), East of the 6th P.M., Dodge County, Nebraska. Parcel 270138086 That part of the Southwest Quarter of the Southeast Quarter of Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska, lying South and East of the Southeasterly R.O.W. of the C.B. and Q, Railroad, less the South 44 feet thereof. Said tract also known as Tax Lot 48. AND the Northwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Said tract also known as Tax Lot 33; EXCEPT part of Tax Lot 48, lying in the SW1/4 SE1/4 of Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska, and more particularly described as follows: From the Southeast corner of the SW1/4 SE1/4 of Section 2, Township 17, Range 8 East; and assuming the South line of said SW1I4 SE1I4 to bear N90°00'00"W; thence N00°10'26"W along the East line of said SW1I4 SE1/4 a distance of 44.00 feet to the point of beginning; thence N90°00'00"W parallel to and 44.00 feet North of the South line of said SW1/4 SE1/4 a distance of 775.65 feet; thence N00°10'28"W a distance of 695.81 feet; thence N90°00'00"E a distance of 374.85 feet; thence S00°10·28"E a distance of 258.65 feet; thence N90°00'00"E a distance of 400.80 feet to a point on the East line of said SW1/4 SEW1/4; thence S00°10'28"E along said East line a distance of 437.16 feet to the point of beginning. Parcel 270101108 Part of Tax Lot 48, lying in the SW1/4 SE1/4 of Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska, and more particularly described as follows: From the Southeast corner of the SW1/4 SE1/4 of Section 2, Township 17, Range 8 East; and assuming the South line of said SW1/4 SE1/4 to bear N90°00'00"W; thence N00°10'26"W along the East line of said SW1/4 SE1/4 a distance of 44.00 feet to the point of beginning; thence N90°00'00"W parallel to and 44.00 feet North of the South line of said SW1/4 SEW1/4 a distance of 775.65 feet; thence N00°10'28"W a distance of 695.81 feet; thence N90°00'00"E a distance of 374.85 feet; thence S00°10'28"E a distance of 258.65 feet; thence N90°00'00"E a distance of 400.80 feet to a point on the East line of said SW1/4 SE1/4; thence S00°10'28"E along said East line a distance of 437.16 feet to the point of beginning. Parcel 270103390 Lots 2 and 4, Block 2, L J Abbott Subdivision, Dodge County, Nebraska. Parcel 270101122 Tax Lot 18, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Exhibit “B” Parcel 270101745 Tax Lot 64, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270138311 Part of Tax Lot 90, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270139034 South 134’ of Tax Lot 68, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101759 Tax Lot 8, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101115 Tax Lot 42, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101766 Tax Lot 9, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101752 Tax Lot 63, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101192 Tax Lot 31, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. (SE1/4, SE1/4) Parcel 27010150 Tax Lot 22, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270061159 Part of Tax Lot 68, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. (W1/2, NW1/4) Parcel 270101178 Tax Lots 28 and 29, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. (SE1/4, SE1/4) Exhibit “B” Parcel 270101171 Tax Lots 26 and 27, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. (SE1/4, SE1/4) Parcel 270101129 Tax Lots 51 and 52, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101136 Tax Lots 19 and 50, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101199 Tax Lot 105, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101157 Tax Lot 23, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101143 Tax Lot 20, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270130501 Tax Lot 75, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270139253 Part of Tax Lot 74, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270061145 Part of Tax Lot 74, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101185 Tax Lot 30, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101164 Tax Lots 24 and 25, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Exhibit “B” Parcel 270129759 Tax Lot 106, Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270101675 Tax Lot 1, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270137324 Tax Lot 88, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270137325 Tax Lot 87, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270137988 Tax Lot 89, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270137984 Tax Lot 91, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270133203 Tax Lot 84, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270139653 Part of Tax Lot 90, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Parcel 270137261 Part of Tax Lot 90, Section 11, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska. Exhibit “B”  EXHIBIT “C” Revised Redevelopment Area Exhibit “C”  EXHIBIT “D” Existing Land Use Exhibit “D”  EXHIBIT “E” Future Land Use Exhibit “E”  EXHIBIT “F” Project Site The Project Site is legally described as follows: Part of Tax Lot 48, lying in the SW1/4 SE1/4 of Section 2, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska, and more particularly described as follows: From the Southeast corner of the SW1/4 SE1/4 of Section 2, Township 17, Range 8 East; and assuming the South line of said SW1/4 SE1/4 to bear N90°00'00"W; thence N00°10'26"W along the East line of said SW1/4 SE1/4 a distance of 44.00 feet to the point of beginning; thence N90°00'00"W parallel to and 44.00 feet North of the South line of said SW1/4 SEW1/4 a distance of 775.65 feet; thence N00°10'28"W a distance of 695.81 feet; thence N90°00'00"E a distance of 374.85 feet; thence S00°10'28"E a distance of 258.65 feet; thence N90°00'00"E a distance of 400.80 feet to a point on the East line of said SW1/4 SE1/4; thence S00°10'28"E along said East line a distance of 437.16 feet to the point of beginning. The general location of the Project Site is set forth on the map below: Exhibit “F” EXHIBIT “G” Site Plan Exhibit “G”  EXHIBIT “H” Statutory Elements A. Property Acquisition, Demolition and Disposal No public acquisition of private property or relocation of families or businesses is necessary to accomplish the Project. The Redeveloper is under contract to acquire the Project Site. B. Population Density The proposed Project includes the construction of cold storage warehousing, distribution, and manufacturing facilities on undeveloped land, which will not affect population density in the project area. C. Land Coverage The first phase of the Project is anticipated to consist of construction of an approximately 202,000 square foot cold storage warehousing, distribution, and manufacturing facility on the approximately 52 acre Project Site, with an approximately 165,000 square foot expansion intended for Phase II. The Project will meet the applicable land-coverage ratios and zoning requirements as required by the City of Fremont. D. Traffic Flow, Street Layouts, and Street Grades No adverse impacts are anticipated with respect to traffic flow, street layouts and street grades. The Project Site is currently vacant, so the Project will naturally increase traffic to and from the Project Site. However, a Traffic Study prepared by Lamp Rynearson indicates that the existing configuration of the intersection of Highway 77 and Carlstrom Road is adequate to handle the existing and estimated future traffic volumes generated by the Project. In addition, the Project includes improvements to Yager Road, which should be beneficial to overall traffic flow to and from the Project Site. Further, the Redeveloper anticipates that the majority of the product at the facility will be exported by rail, which should reduce any potential negative traffic impacts. E. Parking The Project will include construction of surface parking lots that will meet or exceed parking requirements set forth in the applicable zoning district. F. Zoning, Building Code, and Ordinances Redeveloper has applied to the City of Fremont to change the zoning designation of the Project Side to Planned Development General Industrial. The Project is a permitted use in said zoning district. Redeveloper will be responsible for obtaining any other zoning, building code, or ordinance changes that are necessary for the Project. Exhibit “H”  EXHIBIT “I” Cost-Benefit Analysis COMMUNITY DEVELOPMENT AGENCY CITY OF FREMONT, NEBRASKA PROJECT PROTEIN REDEVELOPMENT PROJECT COST-BENEFIT ANALYSIS (Pursuant to Neb. Rev. Stat. § 18-2113) The cost-benefit analysis for the Project Protein Redevelopment Project (the “Project”), as described in the Amendment to the Redevelopment Plan for the North Broad Street Redevelopment Area is presented below. The Project will consist of construction of a cold storage warehouse, distribution, and manufacturing facility in up to 2 phases. The private improvements and the public improvements to be constructed as part of the Project are subject to adjustment, however, for purposes of this cost- benefit analysis, it is assumed that the first phase of the Project will consist of construction of an approximately 202,000 square foot cold storage warehouse facility including shipping/receiving facilities, office/employee welfare facilities, truck shipping/receiving facilities, rail shipping/receiving facilities, storm water retention facilities, parking and truck trailer facilities, and warehouse expansion and future production facilities, as more particularly described on Exhibit “D-1”. This cost-benefit analysis focuses solely on the first phase of the Project. However, as described in the Amendment to the Redevelopment Plan, the second phase of the Project is anticipated to be substantially similar to the analysis set forth below. Any additional relevant cost- benefit analysis information for the second phase of the Project shall be provided with the supplement to the Amendment to the Redevelopment Plan for the second phase. The cost-benefit analysis for the Project, which will utilize funds authorized by Neb. Rev. Stat. § 18-2147, can be summarized as follows: 1. Tax shifts resulting from the approval of the use of funds pursuant to Section 18-2147: a. Estimated Base Project Area Valuation: $285,737 b. Estimated Completed Project Assessed Valuation: $43,384,744 c. Estimated Tax Increment Base (b. minus a.): $43,099,007 d. Estimated Annual Projected Tax Shift: $882,334 Notes: 1. The Estimated Annual Projected Tax shift is based on assumed values and levy rates; actual amounts and rates will vary from those assumptions, and it is understood that the actual tax shift may vary materially from the projected amount. The estimated tax levy for this analysis is 2.047225, which is the 2020 Dodge County tax levy, and is subject to change. 2. The Estimated Completed Project Assessed Valuation is the estimated completed assessed value of all of the private improvements that the redeveloper anticipates will be constructed as part of the first phase of the Project. The Project will be completed in multiple phases, and each phase may have a different effective date Exhibit “I”  for the division of the ad valorem tax. As a result, the Estimated Annual Projected Tax Shift will vary during the Project. 2. Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project: a. Public infrastructure improvements and impacts: The Redeveloper anticipates expenditures in excess of $75,000,000 for the acquisition, renovation, construction and installation of the cold storage warehouse facility and related improvements including equipment during the first phase of the Project. It is proposed that approximately $9,549,902 of these expenditures will be financed with the proceeds of tax increment financing indebtedness from the first phase of the Project, with the remaining balance to be paid by the Redeveloper. It is proposed that approximately $14,833,371 of eligible costs will be incurred by the Redeveloper for the first and subsequent phases of the Project as part of the first phase of the redevelopment. It is anticipated that additional eligible costs will be incurred by the Redeveloper for the second phase of the Project. The sources and uses of the TIF indebtedness will be more particularly set forth in the Redevelopment Agreements for this Project. It is anticipated that eligible uses of the TIF indebtedness may include the following: site acquisition, site preparation, architectural and engineering fees, public utility extension and installation, installation of streets and sidewalks, landscaping (including retention ponds), façade enhancements, energy efficiency enhancements, railroad siding and rail switch, and other improvements deemed feasible and necessary in support of the public health, safety, and welfare. All expenditures financed by tax increment financing indebtedness shall be eligible in accordance with the requirements of the Nebraska Community Development Law. It is not anticipated that the Project will have a material adverse impact on existing public infrastructure. The Project will require substantial infrastructure improvements to the public sewer facilities, public water facilities, and public roads serving the Project Site, which will materially benefit and serve the newly annexed Project Site, as well as other property in and around the City. b. Local Tax impacts (in addition to impacts of Tax Shifts described above): The Project will create material tax and other public revenue for the City and other local taxing jurisdictions. As part of the Project, the Redeveloper anticipates expenditures of approximately $27,000,000 for equipment required to operate the cold storage warehouse facility, which will be on the property tax rolls upon its acquisition and installation.1 1 Redeveloper may be entitled to a personal property tax exemption under the Nebraska Advantage Act. This is possible if the Redeveloper is able to utilize the Nebraska Advantage Act application of Compound Holdings for the Project. If the Compound Holdings application is available to the Redeveloper, then a personal property tax exemption would exist for up to 10 years. Such exemption could only be claimed if 100 new full time jobs are created. Creation of 100 new jobs is not anticipated until the completion of the second phase of the Project. Any years during which the 100 new full time jobs are not created would be lost in terms of the personal property tax exemption. Exhibit “I”  While the use of tax increment financing will defer receipt of a majority of new ad valorem real property taxes generated by the Project, it is intended to create a long term benefit and substantial increase in property taxes to the City and other local taxing jurisdictions. Since the Project Site was not within the corporate limits of the City, the City has not historically relied on tax revenue from the Project Site, and the City would be unlikely to realize additional ad valorem taxes in the near future without the Project because the Project Site is unlikely to be redeveloped without the utility and infrastructure improvements being constructed as part of the Project. 3. Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project: It is anticipated that the Project will have a material positive impact on employers and employees of firms locating or expanding within the boundaries of the redevelopment project because the Project includes the construction of utilities and infrastructure that are anticipated to attract additional redevelopers to the area of the Project. Further, the Project will likely require products and services from firms located within the boundaries of the area of the redevelopment project, such as janitorial services, office and hardware supplies, and similar services. It is not anticipated that the Project will have a material adverse impact on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project. The Redeveloper anticipates that the first phase of the Project will create around 70 jobs by 2024 (35 jobs are estimated upon completion of construction in 2022 with the total jobs rising to 55 in 2023) when the first phase of the Project is fully constructed and operational. However, because the complete Project will be constructed in phases and the total jobs may be filled over a period of years, the Project is not anticipated to have a negative impact on other existing employers. An additional 30 to 60 jobs are estimated to be created following construction of the second phase of the Project. 4. Impacts on other employers and employees within the City and the immediate area that is located outside of the boundaries of the area of the redevelopment project: The Project should have a material positive impact on private sector businesses in and around the area outside the boundaries of the redevelopment project. The Project involves the installation of utilities and infrastructure to newly annexed areas of the City. The use of tax increment financing will reduce the costs of these and other public improvements which would otherwise be paid through tax revenue or special assessments that would burden adjacent property owners. The Project should also act as a catalyst for further redevelopment in the North Broad Street Redevelopment Area. Lastly, the Project should increase the need for products and services from existing businesses outside the boundaries of the redevelopment project as well. Exhibit “I”  The Project is not anticipated to impose a burden or have a negative impact on other local area employers. As stated above, the first phase of the Project, when constructed and fully operational, should create around 70 jobs, which will be filled over time, reducing any stress on existing employers. 5. Impacts on the student populations of school districts within the City: The Project involves the construction of cold storage warehouse facilities, and related facilities on the Project Site. It is not expected to have an impact on student populations of school districts within the City of Fremont because the Project does not include the construction of any dwelling units. 6. Other impacts determined by the agency to be relevant to the consideration of costs and benefits arising from the redevelopment project: Upon completion of the first phase of the Project, the Project is anticipated to create approximately 70 jobs on the Project Site by 2024. Upon completion of all of the phases of the Project, the Project is anticipated to create approximately 100 to 130 jobs on the Project Site. When secondary employment effects in other employment sectors are added, the total employment effects are expected to be even higher. The public improvements that will be constructed in the redevelopment area in connection with the Project are anticipated to act as a catalyst, attracting additional development to the North Broad Street Redevelopment Area that may generate additional ad valorem property taxes. There are no other material impacts determined by the agency relevant to the consideration of the cost of benefits arising from the Project. 7. Cost Benefit Analysis Conclusion: Based upon the findings presented in this cost benefit analysis, the benefits outweigh the costs of the proposed Project. Approved by the Community Development Agency, City of Fremont this ____ day of ____________, 2021. ____________________________________ ______________________, Chairman _____________________________________ ___________________, Secretary 4814-7814-7543, v. 4 Exhibit “I”  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: March 15, 2021 SUBJECT: Request to amend Table 11-603.01.01 Floor Area Ratio for BP district Recommendation: Recommend approval Background: This is a request by the City Administrator to amend Table 11-603.01.01 as it pertains to the Floor Area Ratio (FAR) in the BP, Business Park district. The Floor Area Ratio (FAR) measures the allowable area of a building in relation to the size of a lot. A higher FAR indicates that a larger volume of building can be constructed. Along with the setbacks and landscape ratio, the FAR regulates the density of buildings in a district. Below is an example from the MetroCouncil.org Local Planning Handbook “Calculating Floor Area Ratio”. Some developers who are interested in parcels in the Fremont Technology Park are finding that the current floor area ratio (FAR) will not allow construction or expansion of a building of a satisfactory size. This proposal is to increase the allowable floor area ratio (FAR) from 0.342 to 0.41 for single story structures; from 0.435 to 0.635 for two-story structures and from 0.478 to n/a for three-story structures. The change would allow larger building footprints. The setbacks and building height are not proposed to change. The proposed increase in FAR results in a smaller foot print than was allowed under the previous zoning regulations. Prior to the UDC and at the time the Technology Park was initially platted, the floor area ratio in the BP district was 2.0 and the maximum building coverage was 60%. That would allow a building that had twice the square footage of the underlying lot to be constructed. However, a building of the maximum size would need to be multiple stories. The maximum footprint a building could fill on a 210’ by 210’ corner lot is 23,800 square feet (60% of the lot is 26,400 then the area of the building in the setbacks would need to be removed). The following diagram illustrates the differences. Development of properties in a BP district still need to provide a minimum 20% landscape surface ratio and need to accommodate parking and driveways. The following diagram illustrates the existing and proposed coverage with a .342 and .41 FAR, respectively, for a single-story building on a 44,100 square foot lot (approximately 1 acre.) Under the existing regulations, a 13,487 square foot building could be constructed. Under the proposed change, a 18,081 square foot building could be constructed, a difference of 4,594 square feet. Sec. 11-603.01. - Development standards. A. Generally. The standards that are applicable to nonresidential and mixed-use development are provided in Table 11-603.01.01., Nonresidential and Mixed Use Development Standards. The table includes provisions for minimum landscape surface ratio (LSR), FAR, minimum lot area, minimum street frontage, and maximum building height. Where Section 11-504, Limited and Conditional Uses, sets out standards for the LSR, height, lot area, or frontage of a proposed use, the standards that are specified supersede the standards of this section. B. Standards. The LSR, minimum area of lots or tracts proposed for development, minimum street frontage, and maximum building height shall be as set out in Table 11-603.01.01., Nonresidential and Mixed Use Development Standards. Table 11-603.01.01. Nonresidential and Mixed Use Development Standards Zoning District Standard Stories SC GC DC 1 BP LI GI AV CU PO Minimum Landscape Surface n/a 25% 15% 1% 20% 15% 15% 20% 20% 20% Ratio (LSR) 1 0.321 0.280 n/a 0.342 0.41 0.462 0.518 0.342 0.342 0.342 2 0.408 0.335 n/a 0.435 0.478 0.634 n/a 0.435 0.435 0.435 Floor Area Ratio ("FAR") 2 3 n/a n/a n/a 0.478 n/a n/a n/a 0.478 0.478 0.478 4 n/a n/a n/a n/a n/a n/a n/a n/a n/a Minimum Lot Area 7,500 7,500 0 10,000 10,000 10,000 n/a n/a n/a Minimum Street Frontage n/a 60' 50' 0' 80' 50' 50' 125' 125' 125' Maximum Building Height 3 n/a 35' 45' 60' 45' 45' 60' 45' 45' 45' TABLE NOTES: 1. No off-street parking is required in the Downtown Commercial (DC) District. 2. The FARs account for the Landscape Surface Ratio (including setbacks, bufferyards, on-site drainage, and parking lot landscaping) and required on-site parking, excluding the DC District. Multiplying the site area by the FAR determines the maximum building size. 3. Refer to Subsection 11-603.01., Development Standards, Item C.2.c., Setback Planes. (Ord. No. 5453, 7-31-18)  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: Mach 15, 2020 SUBJECT: Request to change the text of the UDC regarding fences in a residential area Recommendation: Recommend approval to City Council Background: This is a request by Karen and Matt Wewel for a change to the text of the UDC regarding fences in the street yard of a lot abutting an arterial street. The Wewel’s are purchasing a house on a corner lot on Broad Street. They want to extend an ornamental 6-foot tall fence along the street yard on the side street. They also want to re-design the access to the house so that the driveway is from the side street instead of from Broad Street. The UDC currently allows 6-foot tall fences on the street yard of a lot abutting an arterial as long as access is not taken from the street. The proposed change would allow access from the street as long as a vision clearance triangle is maintained. The proposed change addresses the safety concern regarding a 6-foot tall fence and driveway access. A fence would either need to be lowered by the driveway so a vision clearance triangle can be maintained or the fence would need to be translucent enough to see through. The proposed change applies to all residential corner lots that front on an arterial road. The proposed change is in the redlined text as follows: Sec. 11-614.02. - Fences and walls. A. Generally. The requirements of this section apply to fences and walls in residential districts. B. Application. This section applies to all fences and walls with a height of 30 inches or more, above finished grade. Any owner or authorized agent who intends to construct, enlarge, alter, repair, relocate, or demolish a fence, shall first make application to the zoning administrator and obtain the required permit. C. Height. The maximum height of a fence or wall within a required front yard or street yard setback shall be 42 inches. The maximum height of any fence or wall outside of a required front yard shall be six feet.  Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may be built to a height of six feet, so long as vision clearance is provided if access to the property is not taken from the same arterial street. D. Openness. Fences located in a required front yard or street yard setback shall not exceed more than 50 percent opacity. All other fences and walls built on residential property outside of required front or street yards may exceed 50 percent opacity. Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may exceed 50 percent opacity, so long as access to the property is not taken from the same arterial street. E. Materials. 1. Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in residential applications, including: a. Weather-resistant or pre-finished (painted or stained and sealed) wood; b. Ornamental wrought iron or powder-coated aluminum (except on fences/walls that are used for screening purposes); c. Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block; or d. Chain link along the front or street side yard is only allowed if installed flush with the face of the house. Chain link is permitted in the rear or side yard; or e. Any combinations of these materials 2. Limited Materials. a. Slatted chain link is only permitted in side and rear yards, not adjacent to a public or private street. b. Wire mesh is only permitted where enclosing sport courts and tennis courts. 3. Prohibited Materials. The following materials are not permitted as fence or wall components: scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic or fiberglass sheets, barbed wire, spikes, nails, razors, electric currents or other features specifically designed to injure or scratch an individual or animal who attempts to negotiate the fence or wall. Exception: Barbed wire is permitted in R Rural districts where enclosing lots or tracts used exclusively for crop production and/or animal husbandry. F. Fence/Wall Orientation and Maintenance. 1. Orientation. It is strongly encouraged that all fence runs be finished and identical on both sides of the fence (i.e. pickets on both sides). Where fences are not finished and identical on both sides of the fence, and where written authorization has been provided by the adjacent property owner, 50 percent of the fence run, in linear increments no less than six feet and no more than eight feet, may be finished with pickets facing inward toward the subject property; all other fence runs shall be finished with all pickets facing outward toward neighboring properties or adjacent rights-of-way. 2. Maintenance. Fences and walls shall be maintained in an upright position (not more than five degrees from vertical orientation), and in good condition (e.g., free of rust, peeling paint or coatings, missing or broken pickets, wood rot, or graffiti). G. Protective Fences around Swimming Pools. An outdoor swimming pool, including an in-ground, above-ground or on-ground pool, hot tub or spa, shall be surrounded by a barrier in accordance with the most recently adopted version of the building code, and any local amendments thereto. H. Location Restriction and Drainage. 1. No fence or wall shall be built on any lot or tract outside the surveyed lot lines. 2. No fence or wall shall be built which obstructs the flow of water in natural drainage courses, or drainageways created within easements (see Subsection 11-405.02, Floodway (FW) Overlay and Flood Fringe (FF) Overlay Districts).  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: March 15, 2021 SUBJECT: Sign Plan for Scooter’s 23 & Bell RECOMMENDATION: Staff recommendation: Approval This is a request by Sarah Bosshart of Skidmore Enterprises for a sign plan for a new Scooter’s Coffee at E. 23rd Ave. N and N. Luther Rd. The property is zoned GC, General Commercial. Properties to the north, east, southwest and west are zoned GC, General Commercial and are developed with commercial uses. The property to the south, is undeveloped and zoned R, Rural. The GC zoning district allows a freestanding sign of up to 112 square feet, and one attached sign per building per tenant frontage of up to 2 square feet per lineal feet of building/tenant frontage. Additional wall signs are permitted if there is a minimum of 30 feet between the nearest edge of any two signs and the signs are mounted on a wall facing a separate direction. The proposed signage includes a monument sign, wall signs stating “Scooter’s Coffee Drive-Thru” on the two long sides of the building and logo signs on each short edge of the building. Three poster size menu signs area also proposed on the long sides of the building. The proposed building is 37 feet long by 13 feet wide. Given the size of the building, it not be possible to separate the signage by 30 feet from the nearest edge of the sign on each wall. The proposed building has frontage along N. Luther Rd. and along E. 23rd Ave N. There is not street frontage on the north or east sides of the building. Existing establishments in the area such as Panda, Taco Johns, Hardees, Applebee’s, and Aspen Dental have signage on three sides of their buildings. This is a subject that will be evaluated in depth with the update of the UDC.  Section 11-827.01.A.1 of the UDC provides that a Sign Plan Program can be approved as an alternate to the requirements of Section 11-820. The purpose is to provide for “alternative standards [that] may contribute to the aesthetic qualities of the development.” Section 11-827.01.A.2 states that “the planning commission may approve a sign plan if it results in a substantially improved, comprehensive, and unified proposal compared to what is allowed through strict compliance with the sign regulations of this section...The zoning administrator shall review all sign types…to determine the degree of compliance with this section and shall report to the planning commission with regard to the degree of deviation from these standards.” (Emphasis added) The approval criteria are that the Planning Commission may approve a sign plan if it “results in a substantially improved, comprehensive, and unified proposal compared to what is allowed through strict compliance with the sign regulations of this section.” (Emphasis added) Section 11-827.02.D states that the proposed signs shall be architecturally integrated into or complimentary to the design of the building and character of the site and must be demonstrably more attractive than signs otherwise permitted. (Emphasis added) 11.827.2.F.1 states: “The height, area, number and location of signs permitted through the sign plan shall be determined by the planning commission based on the following criteria: a. The overall size of the lot or tracts proposed for development and the scale of the use or uses located or anticipated to be located there. b. Relationship between the building setback and sign location (additional signage may be appropriate for buildings with less visibility, particularly where buffering is providing an aesthetic and/or environmental benefit to the city); c. Intended traffic circulation pattern and the need for way-finding d. Hierarchy of signage e. Relationship between the site and adjacent uses f. The desired function of the site g. Consistency with the objectives and design policies of the comprehensive plan.” Vicinity Map Area of Application Surrounding Zoning Area of Application  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: March 15, 2021 SUBJECT: Sign Plan for Dairy Queen at 22nd & Broad RECOMMENDATION: Approve amended plan as recommended by staff This is a request by Scott Kolb of Clear Image Signs for a sign plan for the new Dairy Queen at 22nd & N. Broad Streets. The property is zoned SC, Suburban Commercial. Properties to the north, and west are also zoned SC, Suburban Commercial and are developed with commercial uses. The property to the Northeast and east is zoned UR, Urban residential and is developed with residential, park and congregate living uses. The property to the south is zoned SR, Suburban Residential and is developed with residential uses. The SC zoning district allows a freestanding sign of up to 72 square feet, and one attached sign per building with up to 1 square foot per lineal feet of building/tenant frontage. An additional wall sign is permitted on each side of the corner of a building if there is a minimum of 30 feet between the nearest edge of any two signs and the signs are mounted on a wall facing a separate direction. The proposed signage includes replacing the existing “Dairy Queen” logo on the existing pole sign with an updated 40 square foot sign, and retaining the existing electronic message sign. The proposed signage on the south face contains a total of approximately 75.75 square feet including a 46.75 square foot DQ logo sign and 29 square feet of “Grill and Chill” lettering. The UDC would allow 38.25 square feet of signage along this side. There is no signage proposed on the west face, which fronts Broad Street. The signage proposed for the east side of the building includes a 24 square foot logo sign and 29 square feet of “Grill and Chill” lettering for a total of 53 square feet. In addition, image signage of an upside-down shake and a spoon are proposed. The area of those were not provided. If this were on the west side of the building, 73 square feet of signage would be allowed. This side of the building faces a residential district and does not have street frontage. Finally, the applicant proposes directional signage stating “enter”, “exit”, and “Drive Thru”. Signage will be evaluated in depth with the update of the UDC. Section 11-827.01.A.1 of the UDC provides that a Sign Plan Program can be approved as an alternate to the requirements of Section 11-820. The purpose is to provide for “alternative standards [that] may contribute to the aesthetic qualities of the development.” Section 11-827.01.A.2 states that “the planning commission may approve a sign plan if it results in a substantially improved, comprehensive, and unified proposal compared to what is allowed through strict compliance with the sign regulations of this section...The zoning administrator shall review all sign types…to determine the degree of compliance with this section and shall report to the planning commission with regard to the degree of deviation from these standards.” (Emphasis added) The approval criteria are that the Planning Commission may approve a sign plan if it “results in a substantially improved, comprehensive, and unified proposal compared to what is allowed through strict compliance with the sign regulations of this section.” (Emphasis added) Section 11-827.02.D states that the proposed signs shall be architecturally integrated into or complimentary to the design of the building and character of the site and must be demonstrably more attractive than signs otherwise permitted. (Emphasis added) 11.827.2.F.1 states: “The height, area, number and location of signs permitted through the sign plan shall be determined by the planning commission based on the following criteria: a. The overall size of the lot or tracts proposed for development and the scale of the use or uses located or anticipated to be located there. b. Relationship between the building setback and sign location (additional signage may be appropriate for buildings with less visibility, particularly where buffering is providing an aesthetic and/or environmental benefit to the city); c. Intended traffic circulation pattern and the need for way-finding d. Hierarchy of signage e. Relationship between the site and adjacent uses f. The desired function of the site g. Consistency with the objectives and design policies of the comprehensive plan.” Overall, the proposed signage is in a cohesive package. However, the primary signage on the east side of the building faces residential dwellings and is not oriented toward street frontage. The amount of frontage on the south side of the building is almost twice the square footage as is allowed in the SC zoning district. Staff recommends that the signage plan be amended to: Reduce the total signage on the south side of the building to 38 square feet; Remove the “DQ” and “Grill and Chill” signage from the east side of the building and move it to the west side of the building. Provide the dimensions and area of the upside down shake and spoon on the east side of the building. Vicinity Map Area of Application Surrounding Zoning Area of Application  CITY OF FREMONT, NEBRASKA PLANNING COMMISSION BY-LAWS AND RULES OF PROCEDURE ARTICLE I - Objectives The objectives and purposes of the Planning Commission of Fremont, Nebraska are those set forth in Chapter 18-1301 to 19-130719, Sections 19-925 to 19-929, Nebraska State Revised Statutes and amendments and supplements thereto, and powers and duties delegated to the Planning Commission by the Fremont City Council by ordinance and such other duties as the City Council has or may in the future delegate to the Commission. ARTICLE II - Officers and Their Duties 1. The Planning Commission shall organize annually at its first meeting after January 1, and elect from among its members a Chair and a Vice-Chair to serve for a term of one year. The chair and vice-chair shall be elected by a majority vote of the BoardCommission members present. The chair shall not serve for more than three consecutive terms. The BoardCommission shall appoint a Secretary who may be an officer or employee of the City. 2. The Chair shall preside at all meetings of the Planning Commission. In the absence of the Chair, the Vice-Chair shall preside. In the absence of both the Chair and the Vice-Chair, the Planning Director or their designee shall preside to select a temporary Chair, and the Planning Director shall forthwith relinquish the Chair after selection of a temporary Chair. 3. The presiding officer shall direct the conduct of and shall preserve strict order and decorum in all meetings of the Planning Commission. Subject to these rules, the presiding officer shall, on the recommendation and advice of the duly appointed legal counsel, decide all points of order and procedure, unless overruled by a majority of the members present. 4. The Chair or other presiding officer shall have the right to make motions and to second motions without vacating the Chair; provided, however, that when the Planning Director is serving as presiding officer, under the provisions of Article II, paragraph 2 above, he or she shall not have the right to make or second motions, nor shall he or she have a vote. 5. The officer presiding at the meeting and the Secretary shall sign any resolutions and other official documents adopted or approved by the Planning Commission. 6. Subject to these Rules and the direction of the BoardCommission, the Secretary and/or Planning Director shall submit reports on all official matters occurring between meetings; conduct all official correspondence; send all notices required by these Rules and orders of the BoardCommission; prepare meeting agendas;  make the necessary inspections of premises; attend all meetings and hearing; keep the Minutes of the BoardCommission's proceedings; prepare the necessary resolutions; compile the required records; maintain the necessary files and generally supervise all the clerical and technical work of the BoardCommission. 7. The BoardCommission shall be composed of nine members appointed by the Mayor per Chapter 2.202 of thepursuant to the Fremont Municipal Code. ARTICLE III - MEETINGS 1. Regular meetings shall be held at 5:00 PM on the third Monday of each month if there is business to transact. The Commission will meet in the Fremont City Hall Council Chambers. 2. A majority of the membership of the Commission shall constitute a quorum, and the number of votes necessary to transact business shall be a majority of the members of the Commission present. Voting shall be by roll call. A record of the roll call shall be kept as a part of the minutes. 3. The Chairman may call special meetings. The Chairman shall also call a special meeting when requested to do so by four members of the Planning Commission. 4. All meetings at which official action is taken shall be open to the general Public, in accordance with the Nebraska Open Meetings Act. 5. Upon the absence of any member without prior notification for four consecutive meetings, the Planning Commission shall notify the Mayor and City Council for action in accordance with Section 18-130319-926, Nebraska State Statutes. The Mayor shall be notified of upcoming vacancies on the Commission by the City Clerk and/or Planning Director. 6. During the course of any meeting, the presiding officer may grant permission to abstain from voting when a boardCommission member has a conflict of interest or has not been present during or reviewed the official record of proceedings regarding a matter before the Planning Commission and such member requests permission to abstain. If a member is granted permission to abstain from voting, such member shall not participate in the discussions or proceedings regarding the application or appeal and shall disassociate themselves from the Planning Commission. Unless such permission shall have been granted, or unless there shall have been a negative vote cast by such member, that member's silence in voting shall be recorded as an abstention. 7. If a Commission member is deemed to have a conflict of interest on a matter before the Planning Commission, that member shall leave the room during all matters pertaining to that agenda item. ARTICLE IV - Committees 1. Committees may be appointed by the Chairman for purposes necessary for fulfilling the duties of the Planning Commission. 2. The terms of the members of committees shall be concurrent with the term of the Chairman. 3. The Chairman may appoint committees as he/she feels appropriate in order to conduct Planning Commission business. ARTICLE V - Referrals 1. All applications received by the City for amendments to the zoning ordinance, approval of subdivision plats, vacation of streets or alleys, Capital Improvement Plans, Road Plans and other matters pertaining to the physical development of Fremont shall be referred to the Planning Commission for their recommendations.a recommendation. 2. Original applications shall be filed with the Planning Department by the cut-off date noted on the meeting schedule approved by the Planning Commission. 3.2. The Planning Commission shall review each application before submitting their recommendations to the City Council for amendments to the zoning ordinance, approval of subdivision plats, vacation of streets or alleys, , Capital Improvement Plans, Road Plans and all other zoning and/or subdivision items. 4.3. The Commission may, at its discretion, hold public hearings on any other matters when it decides that such hearings will be in the public interest. ARTICLE VI - Public Hearings and Notifications 1. Notice of public hearings required herein or called by the Commission shall be published in the official newspaper of Fremont at least 10 days before the time of the hearing and as otherwise prescribed by law. 2. A sign shallneeds to be posted on the property subject to the hearing in as prescribed by law. accordance with the City of Fremont Municipal Code 10 days prior to the hearing. 2. 3. A notice of the hearing and subject matters shall also be mailed to the property owners within 100 ft whose names and addresses the applicant shall furnish. 4.3. The public hearing shall be conducted in accordance with the rules and procedures determined by the Chairman in concurrence with the Commission and state law. ARTICLE VII - Final Disposition of Application 1. The final disposition of every application shall be in the form of a voice vote or a resolution signed by the Chair and Secretary. Every zoning or subdivision action taken by the Planning Commission shall be accompanied by findings of fact and reasons for granting or denying the action and various conditions may be stipulated by the Planning Commission to be fulfilled as a condition of granting of the action. 2. An affirmative vote of at least a majority of the members appointed and qualified, shall be necessary to approve an action. In case of failure to reach an affirmative vote of a majority of the members, the item shall be denied. 3. An applicant may withdraw the application at any time prior to the final action of the Planning Commission. Such a withdrawal would cancel and close the case, but the filing fee shall not be refunded. 4. The Secretary or Planning Director shall notify the applicant in writing of the final action of the Planning Commission if the applicant is not present at the meeting. 5.3. The Planning Commission may delegate to the Planning Director such duties as review and approval of a landscape plan, site plan, restrictive covenant, or other such documents or information required as a condition of approval of an application. The Planning Commission shall give specific direction to the Planning Director as to what it expects the plan or document to include. 6.4. If, after reviewing the plan or document and discussing the same with the applicant, the Planning Director does not believe that the intent of the Planning Commission has been carried out, the Planning Director shall schedule the plan or document for review by the Planning Commission at its next meeting. The BoardCommission shall then determine whether such plan or document satisfies its previous requirement for approval of the application. 7.5. The Planning Commission may delegate to the Planning Director such duties as to review and monitor compliance of any condition to which any zoning or subdivision action is approved. If the Planning Commission, based on the information provided by the Planning Director determines that such conditions have not been met, the Planning Commission may request that the matter be placed on the agenda of its next meeting for review. The Secretary or Planning Director shall notify the applicant that the matter is to be reviewed by the Planning Commission. ARTICLE VIII - Amendments 1. Amendment to these rules may be introduced at any meeting of the Planning Commission and voted on at the same or any subsequent meeting, provided that notice of the consideration of any such amendment or passage, either in the form of a letter or official Agenda of the boardCommission, is mailed to each member prior to its first introduction at a regular meeting. ARTICLE IX - Fees A fee shall be paid to the City of Fremont for each application in accordance with the current master fee schedule adopted by the Fremont City Council.