Planning Commission

PLANNING COMMISSION MEETING MONDAY, November 15, 2021 City Council Chambers, 400 East Military Avenue, Fremont NE 5:00 P.M. 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. Topic: November 15 2021 Planning Commission Time: November 15, 2021 5:00 PM Central Time (US and Canada) Join Zoom Meeting https://us06web.zoom.us/j/86299987351?pwd=OUhkNVVKaitSV2pJd3dUb3lqWHk 5Zz09 Meeting ID: 862 9998 7351 Passcode: 045653 One tap mobile +17207072699,,86299987351# US (Denver) +12532158782,,86299987351# US (Tacoma) Dial by your location +1 720 707 2699 US (Denver) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) Meeting ID: 862 9998 7351 Find your local number: https://us06web.zoom.us/u/kcOtA2VA6Q Jennifer Dam is inviting you to a scheduled Zoom meeting.  PLANNING COMMISSION L MEETING MONDAY, November 15, 2021 City Council Chambers, 400 East Military Avenue, Fremont NE 5:00 P.M. 1. Call to Order. 2. Roll Call. 3. Dispense with the reading and approve the minutes of the October 26, 2021 Special Planning Commission Meeting as prepared. 4. Dispense with the reading and approve the minutes of the October 26, 2021 Special Planning Commission and City Council Meeting as prepared. 5. A request by Mark Bruckwicki on behalf of Holcim for a waiver of the landscape requirement for property generally located at 3350 N. Broad Street, Fremont, Nebraska (continued from August, 16, 2021.). 6. A request by Matt Taylor of Fremont Beef Company for a sign plan for property generally located at 960 Schneider Street, Fremont, Nebraska. 7. A request by Mitch Chitwood on behalf of Stone Bridge Christian Church for a Conditional Use Permit for a Child Care Center on property generally located at 1041 N. Nye Avenue, 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 SPECIAL MEETING October 26, 2021 5:00 p.m. Meeting Chairman Jarod Borisow called the 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, Nielsen, Landholm, Lathrop, Carlson, Jaeger, Sawyer, and Horeis were present. A quorum was established. Chairman Borisow read the item: Dispense with the reading and approve the minutes of the October 18, 2021 Meeting as prepared. Commissioner Landholm made a motion to approve the minutes which was seconded by Commissioner Horeis. The motion carried 7-0 with Chairman Borisow abstaining. Chairman Borisow read the item Comprehensive Plan Amendment from Commercial to Industrial on property generally located between Somers, N. Broad and south of W. County Rd. T. Planning Director Dam gave her staff report. Chairman Borisow opened the public hearing. There was no public comment. Chairman Borisow closed the public hearing. Commissioner Sawyer made a motion to approve the amendment which was seconded by Commissioner Jaeger. Motion carried 8-0. Chairman Borisow requested a motion to adjourn the meeting. Commissioner Landholm made a motion to adjourn, Commissioner Nielsen seconded. By a roll call vote Lathrop, Landholm, Horeis, Carlson, Nielsen and Jager, Sawyer and Borisow all voted in favor. Motion carried 8-0. Meeting adjourned at approximately 5:10 p.m. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Planning Director  JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING SPECIAL MEETING MONDAY, October 26, 2021 City Council Chambers, 400 East Military Avenue, Fremont NE FOLLOWING PRECEEDING MEETING Mayor Spellerberg called the joint City Council and Planning Commission meeting to order. He stated that a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll Call. Roll call showed Planning Commissioners Borisow, Lathrop, Landholm, Horeis, Nielsen, Carlson, Sawyer and Jaeger present. 8 members were present constituting a quorum. The Mayor called the item: Receive a report and hold discussion regarding the update of the Comprehensive Plan, Long Range Transportation Plan and Unified Development Code from Houseal Lavigne. Houseal Lavigne provided a presentation. No action was taken. Motion was made by Commissioner Landholm and seconded by Commissioner Nielsen to adjourn the meeting at 6:03 p.m. Roll call by voice vote had Commissioners Borisow, Nielsen, Landholm, Sawyer, Jaeger, Lathrop, Carlson and Horeis voting in favor. The motion carried 8-0. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Planning Director  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: November 15, 2021 SUBJECT: Waiver of required landscape buffer Recommendation: Approve waiver of landscape buffer Background Mark Bruckwicki is requesting a waiver of the landscape requirements for Holcim, Inc, generally located at 3350 N. Broad. The parcel is zoned GI, General Industrial. The surrounding properties are zoned GI, General Industrial. The Future Land Use map from the Comprehensive Plan designates the west side of this property of those to the north and south as commercial. The properties to the east are designated as industrial. Section 11-815.02 of the UDC requires a “C” type bufferyard between the GI, General Industrial and R, Rural zoning district to the east. A “C” type bufferyard requires a 25 foot wide buffer along the property lines adjacent to the R district with 3 trees and 10 shrubs per 100 feet of length. Table 11-815.04 requires a type C bufferyard adjacent to Broad Street . Additionally, the GI district requires a 15% minimum landscape surface ratio with one small tree and two shrubs for every 250 square feet of side and rear planting areas. If the entire 15% planting area were to be planted with one small tree and two shrubs for every 250 square feet, the required planting would be 775 small trees and 1,550 shrubs. Holcim is proposing a landscape plan that includes 42 trees. 28 of the trees would be in the green area at the western entrance and 14 would be along the eastern property line. Additionally, they are proposing that a natural grass seed mix be planted in low lying areas. Section 11-812(D) of the UDC states: Adjustments and Changes: 1. Necessary or requested adjustments or changes to the requirements of Section 11-810, Landscaping, Buffering, and Screening,may only be by reason of:  a. Site constraints or impracticalities that are due to special conditions of the property that do not exist on other properties in the same zoning district; b. Conditions that have not been brought about by action of the applicant or owner; and c. Unnecessary hardship caused by the strict interpretation of this UDC. 2. In these instances, the planning commission may consider authorizing a special exception, or if the standards of approval may not be met, by considering approval, approval with conditions or denial of the site plan, as set out in Section 11-315.08 Site Plan. The amount required landscaping on this industrial site, surrounded by other industrial uses creates a hardship for the owner given the cost of installation and maintenance. The applicant is proposing some landscaping that is appropriate for the site. Vicinity Map From: David Harnisch <dharnisch@eacg.com> Sent: Tuesday, October 12, 2021 5:26 PM To: Dam, Jennifer <Jennifer.Dam@fremontne.gov>; Mark BRUCKWICKI <mark.bruckwicki@lafargeholcim.com> Cc: zzEACG_Project_2020.204.002 <2020.204.002@eacg.com> Subject: FW: Holcim, Fremont - 2020.204.002 - 10/11/2021 Jennifer, I believe previously it was stated there was a lot of flexibility in what we could do to meet the expectations for landscaping and the 15% requirement, especially if we have native grasses and ponds. Right now, as you and I discussed Friday, the 15% area is 4.45 Acres, which equates to 775 small trees and 1550 shrubs, at the 1 small tree and 2 shrubs per 250 sf rate you referenced. I may have misheard or misinterpreted what you said, as this is a tremendous amount of trees. Do we have options as far as counting the pond/ditch areas and perhaps going to a designated area that is in a CRP type rotation to meet that requirement? Thanks! David R. Harnisch, Jr., P.E. *Licensed in NE, IA, KS, MO, IL, AR, SC, GA, FL, TX & SD E & A Consulting Group, Inc. 402.895.4700 (o) • 402.506.5014 (d) • 402.320.7313 (m) From: David Harnisch Sent: Monday, October 11, 2021 5:16 PM To: 'Mark BRUCKWICKI' <mark.bruckwicki@lafargeholcim.com> Cc: zzEACG_Project_2020.204.002 <2020.204.002@eacg.com> Subject: Holcim, Fremont - 2020.204.002 - 10/11/2021 Mark, We need 22 trees for the 25’ bufferyard along the frontage on the west. For the 4.45 Acres (15%) landscaped area, we need a total of 775 small trees, and 1,550 shrubs, I will have a better pictorial representation of that tomorrow, CAD is not working properly this afternoon. Please see attached. David R. Harnisch, Jr., PE Civil Engineer* Engineering Answers..by turning your dreams into plans *Licensed in NE, IA, KS, MO, IL, AR, SC, GA, FL, TX & SD E & A Consulting Group, Inc. 10909 Mill Valley Road, Suite 100 • Omaha, NE 68154 402.895.4700 (o) • 402.506.5014 (d) • 402.320.7313 (m) eacg.com  ne1call.com E & A CONSULTING GROUP, INC. Engineering · Planning · Environmental & Field Services know what's below. Dial: 811 Call before you dig. 10909 Mill Valley Road, Suite 100 Omaha, NE 68154 www.eacg.com Phone: 402.895.4700 Fax: 402.895.3599 100 0 100 1 inch = 100 ft. PLANT SCHEDULE SYM QTY BOTANICAL NAME COMMON NAME SIZE TYPE A 8 Gleditsia triacanthos 'Shademaster' Shademaster Honeylocust 2" B&B B 6 Quercus rubrum Red Oak 2" B&B C 13 Quercus bicolor Swamp White Oak 2" B&B D 9 Picea pungens Colorado Blue Spruce 7'-8' B&B E 6 Picea abies Norway Spruce 7'-8' B&B TREE NOTES: 3-A 1. Landscape contractor must coordinate with all utilities and general contractor to field verify all utility locations that may conflict 11-C with all proposed tree planting locations on the project site. NOTES: - 198,135 SF - Areas to be installed with City/County/NRD Rural Mix from United Seeds Inc. Install seed per manufacturer specifications. 13 16 LANDSCAPE NOTES: 1. Locate and verify the location of all underground utilities prior to the start of any construction. Care should be taken not to 108,395 SF disturb any existing utilities during construction. Any damage to utilities or other improvements caused by the Contractor will be LAFORGE HOLCIM 3350 N BROAD ST DODGE COUNTY, NEBRASKA Seed Mix repaired at no cost to the Owner. 2. All plant material shall be of good quality and sizes shall meet required size specifications. 22,207 SF Seed Mix 3. All plants are to be watered in immediately after planting and then watered once a week for a period of two months from time of planting. 4. All plant material shall be guaranteed to be in a live and healthy growing condition for two full growing seasons (trees) and one full growing season (perennials & shrubs) after final project acceptance or shall be replaced free of charge with the same grade and species including labor. 17 14 5. Verify all dimensions and conditions prior to starting construction. The location of plant material is critical and shall be installed as indicated on plans. Field adjustments may be necessary based on field conditions (i.e., root ball and drop inlet conflict). All adjustments must be approved by the landscape architect. 6. The Landscape Contractor shall remove all construction debris and materials injurious to plant growth from planting pits and beds prior to backfilling with planting mix. All planting areas shall be free of weeds and debris prior to any work. 7. Provide locally available shredded hardwood mulch on all trees and in all planting beds to a 3-4 inch minimum depth unless otherwise noted. Mulch ring to extend 1'-0" minimum beyond planting pit. Minor site grading to be included if needed. 8. All trees are to be staked for a period of not less than one year from time of planting. 3-E 3-D 3-D 9. Contractor to coordinate work with other amenities contractors. 3-D 3-E Proposed Entrance Sign 100' SEEDING NOTES: Site Triangle 2-A 1. Seed to be installed per United Seeds Inc. specifications. 100' 3-B 67,533 SF Seed Mix 2-C 2. All seeded areas to include matting (NAG SC150BN Rolled Erosion Control Blanket OR EQUIVALENT). 3-A 3. Contractor to coordinate work with other amenities contractors. LANDSCAPE PLAN 3-B Do not heavily prune the tree at planting. Prune only crossover limbs, co-dominant leaders, and broken or dead branches. Some interior twigs and lateral branches may be pruned; however, do not remove the terminal buds of branches that extend to the edge of the crown K:\Projects\2020\204\p02\Engineering\CAD Files\Civil Site\LANDSCAPE - Laforge Holcim - 000.dwg Stake and wrap all trees for Each tree must be planted such that the trunk flare is stabilization and protection visible at the top of the root ball. trees where the trunk flare is not visible shall be rejected. Do not cover the top of the root ball with soil Top of root ball shall be slightly higher than the surrounding finish grade Mulch Ring (6 ft.) dia. min. (8ft.) Dia. Preferred (4 in.) high Earth Saucer beyond edge of root ball Minimum 4 inches of shredded wood mulch. Do not place mulch in contact with tree trunk. Maintain the mulch weed-free for a minimum of two years after planting Description 8" Remove all twine, rope and wire, and burlap Water thoroughly to eliminate Revisions from top half of root ball air pockets, settling and to soak root ball and surrounding soil Remove all twine, rope and wire, and Dig hole 2' wider in burlap from top half of root ball diameter than root ball Date Tamp soil around root ball base firmly with foot pressure Place root ball on unexcavated or tamped soil 11/4/2021 10:45 AM to eliminate air pockets and settlement to support root ball and reduce settling No MAT MAT 11/02/2021 P2020.204.002 AS SHOWN 1 TREE PLANTING DETAIL - B & B TREE 1 of NOT TO SCALE Proj No: Designed By: Drawn By: David Harnisch Date: Scale: Sheet:  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: November 15, 2021 SUBJECT: Fremont Beef Sign Plan Recommendation: Approval with the condition that the existing sign be replaced with a sign of the same size. Background: Fremont Beef is proposing a sign plan for its building that consists of three wall signs. The criteria in 11-827.02 specify that the number, types, maximum size and materials may be adjusted with an approved sign plan. The sign regulations in Table 11-825.01.02 allows one wall sign attached sign per building in the GI district. The sign is required to be on a façade that contains a public entrance, and faces a public street or parking lot. The applicant proposes two new illuminated wall signs- one on the southwest façade and one on the southeast façade. Each sign is proposed to be 5’x10’ or 50 square feet. That is within the size requirements for a single sign. Each sign will face the approach from the east or west along Cloverly Road, and will help truck traffic locate the facility. The applicant also proposes to replace the existing wall sign on the west façade near the pedestrian entrance. The existing sign is approximately 240 square feet. The proposed sign is 320 square feet and is 20’ tall by 16’ wide. The existing sign is more proportionate to the building than the proposed sign. Section 11-827 of the UDC provides that a Sign Plan Program can be approved as an alternate to the requirements of Section 11-820. Section 11-827.01 states that the purpose of a sign program alternative is to allow for “unified presentation of signage throughout a lot or tract for development, flexibility to provide for unique environments, and pre-approval of designs and design elements to make subsequent applications for sign permits more efficient.” 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.” The contents of the sign plan are to include the sign locations, heights and dimensions, material colors, illumination, illumination levels, a design theme, and a demonstration that the sign plan will improve the aesthetics of the development, per 11-827.01B. The proposed information is attached, however we do need the illumination levels of the proposed signage. The scale of the proposed illuminated signs on the south end of the building facing east and west are appropriate. The proposed increase in size of the existing sign is disproportionate to that wing of the building. The proposed sign plan does not have an adverse impact on the adjacent property or the community. Rather, it provides needed direction for the large scale of the facility. Section 11-827.02A allows a deviation from “the standards of this section in terms of the types and numbers of signs allowed, the maximum sign area, and materials and illumination standards (including changeable copy message centers), subject to compliance with a sign plan that is approved according to criteria set out in this subsection.” Section 11-827.02.D states: 1. “All signs shall be architecturally integrated into or complimentary to the design of the building and character of the site, and shall use similar and coordinated design features, materials and colors. The sign plan shall establish an integrated architectural vocabulary and cohesive theme for the lot or tract proposed for development. 2. The design, character, location, and/or materials of all detached and attached signs proposed in a sign plan shall be demonstrably more attractive than signs otherwise permitted on the tract proposed for development under the minimum standards of this subsection.” 11.827.02.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:” The proposed signs are in scale with the size of the proposed building on the southeast and southwest facades. The proposed replacement sign is disproportionate and should remain at the same size as the existing sign. 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” The signage is needed to help traffic circulation and wayfinding. d. “Hierarchy of signage” The hierarchy of signage is appropriate e. “Relationship between the site and adjacent uses” The site is in an industrial area on a large site. The wall signage is appropriate and wayfinding signage is needed. f. “The desired function of the site” The site is an industrial plant. g. “Consistency with the objectives and design policies of the comprehensive plan” The proposed signage is consistent with the comprehensive plan. Recommendation: Approval with the condition that the existing sign be replaced with a sign of the same size Vicinity Map View from the west looking east General location of proposed sign View from East looking west General Location of proposed sign Existing sign on west façade by pedestrian entrance on Schneider St.  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: November 15, 2021 SUBJECT: Request for Conditional Use Permit for child care center Recommendation: Recommend conditional approval to City Council Background: Mitch Chitwood has requested approval of a Conditional Use Permit for a child care center on behalf of Stone Bridge Christian Church at 1041 N Nye. The applicant is requesting that the Conditional Use Permit be issued to the Church so that they can work with interested daycare providers. The property is zoned SR, Suburban Residential and UR, Urban Residential. Child Care Centers are conditional uses in SR and UR districts. The Child Care Center would utilize the classrooms in the church. The applicant has worked with the State Department of Health and Human Services to determine the maximum number of children that a center could be licensed for in the church. The applicant states that maximum number would be 62 children on the second floor and 44 on the first floor for a total of 106. The applicant has not identified the number of staff that would be present at the daycare center. The applicant has not shown the location of the outdoor play area. Section 11-504.02 E states: E. Child Care Centers are conditionally permitted provided that: 1. Child Care Centers in the R, SR, AR or UR districts may only be permitted in places of public assembly that provide adequate area for off-street circulation, drop-off and parking. The proposed facility meets the parking requirements of the UDC. 2. In all instances the site is 300 feet from a MH, LI, GI, AV or PO district as measured from the boundary lines nearest each other, unless separated from such district by a type B bufferyard or a collector or arterial roadway; The site is greater than 300 feet from a MH, LI, GI, AV or PO district. 3. Primary access to the site is from a collector or arterial roadway. Access is from a collector road. 4. 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 site can accommodate the child care facility. Parking and noise are not an issue, provided that the playground is properly located and fenced. 5. The application shall be accompanied by the following information a. The number of children and number of staff members on the largest shift; The staffing requirement still needs to be provided. b. A physical description of the facility and a site plan drawn to scale that includes, but is not limited to, property boundaries, structures on the site, the location and arrangement of parking spaces, the traffic circulations pattern, loading and unloading areas, fencing, landscaping, play area, and entrances/exits to such facility. A site plan is attached. The play area needs to be identified. c. Prior to occupancy, such facilities shall comply with all applicable state and local laws and regulations. State licensure is required. The applicant will need to provide proof of licensure before the child care center can operate. Use of a church facility during the work week makes sense, as the facility meets the needs for a child care center and provides adequate parking. Conditions of approval should include proof of state licensure prior to operation and an updated site plan showing a fenced play area that meets the requirements of the State for size and location. Vicinity Zoning General Area of Application General Area of Application