Planning Commission

PLANNING COMMISSION L MEETING MONDAY, July 18, 2022 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 June 20, 2022 Planning Commission meeting minutes as prepared. 4. A request by Brian Wiese for a special exception to waive sidewalks in the Copperhead subdivision on property generally located at the northwest corner of Business Park Dr. and W. Military Ave. 5. A request by Dave Mitchell on behalf of Woody’s Airboat Tours for a Conditional Use Permit for an Outdoor Commercial Recreation use on property generally located at 2865 and 2835 Big Island Road. 6. Adjournment THIS MEETING WAS PRECEDED BY PUBLICIZED NOTICE IN THE FREMONT TRIBUNE, THE AGENDA DISPLAYED IN THE LOBBY OF THE MUNICIPAL BUILDING AND POSTED ONLINE AT WWW.FREMONTNE.GOV IN ACCORDANCE WITH THE NEBRASKA OPEN MEETINGS ACT, A COPY OF WHICH IS POSTED CONTINUALLY IN THE COUNCIL CHAMBERS FOR PUBLIC INSPECTION, AND SAID MEETING IS OPEN TO THE PUBLIC. A COPY OF THE AGENDA WAS ALSO KEPT CONTINUALLY CURRENT AND AVAILABLE TO THE PUBLIC IN THE PRINCIPLE OFFICE OF THE DEPARTMENT OF PLANNING, 400 EAST MILITARY AVENUE. THE PLANNING COMMISSION RESERVES THE RIGHT TO ADJUST THE ORDER OF ITEMS ON THIS AGENDA.  PLANNING COMMISSION MINUTES JUNE 20, 2022 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 Sawyer, Jaeger, Horeis, Lathrop, Landholm and Carlson were present. A quorum was established. Chairman Borisow read the item: dispense with the reading of the minutes of the May 16, 2022, meeting. Chairman Borisow made a motion to approve the minutes as prepared. Commissioner Carlson seconded the motion. By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Chairman Borisow read the item: A request by the Director of Planning for a Change of Zone from SC, suburban Commercial to AR, Auto Urban Residential on properties generally bounded by 8” Street on the north, Military Avenue on the south, Bell Street on the east, and a north-south line between Military Avenue and 8th Street that is approximately 148 feet west of Union Street. Planning Director Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. Steve Dodd appeared to read a letter in opposition and to provide copies to the Commission. Commissioner Sawyer made a motion to receive the letter which was seconded by Commissioner Horeis. On a voice vote, commissioners Borisow, Sawyer, Horeis, Jaeger, Lathrop, Landholm and Carlson voted in favor. The Motion carried 7-0. William Aukerman appeared to read a letter in opposition and to provide copies of the letter to the Commission. Chairman Borisow made a motion to receive the letter which was seconded by commissioner Horeis. On a voice vote, Commissioners Borisow, Sawyer, Horeis, Jaeger, Lathrop, Landholm and Carlson voted in favor. The Motion carried 7-0. Cynthia Lauritzen appeared to speak in support of the change. Chairman Borisow closed the public hearing. The Commission discussed the proposed change. Chairman Borisow made a motion to remove the two westernmost parcels and the property at 432 E. Military from the proposed change. The motion was seconded by Horeis. By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Chairman Borisow then made a motion to approve the amended change of zone. The motion was seconded by Commissioner Landholm. By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Chairman Borisow read the item: A request by Brian Wiese for a final plat for the Copperhead Subdivision consisting of 19 lots and an outlot on property generally located at the northwest corner of Business Park Dr. and W. Military Ave. Planning Director Dam gave her staff report. Chairman Borisow opened the public hearing. The applicant’s engineer offered to answer any questions. Chairman Borisow closed the public hearing. Commissioner Sawyer moved to recommend approval which was seconded by Commissioner Horeis. By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Chairman Borisow read the item: A request by Brian Wiese for a voluntary annexation of approximately 16.4 acres of property generally located at the northwest corner of Business Park Dr. and W. Military Ave. Planning Director Dam gave her staff report. Chairman Borisow opened the public hearing. No one appeared in support or opposition. Chairman Borisow closed the public hearing. Commissioner Landholm moved to recommend approval which was seconded by Commissioner Jaeger. By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Commissioner Borisow read the item: A request by the City of Fremont for a Hall’s Subdivision Replat of Lot 1, except the west 64 feet and Lot 31, Block 53 and part of Section 24, T17N, R8E of the 6th P.M., generally located at Railroad Street and Clarmar Avenue. Planning Director Dam gave her staff report. Chairman Borisow opened the public hearing. Steve Hasebroock spoke in support of the proposal. Chairman Borisow closed the public hearing. Commissioner Horeis moved to recommend approval which was seconded by Commissioner Landholm. By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Commissioner Landholm made a motion to adjourn the meeting which was seconded by Commissioner Sawyer. . By a roll call vote, Borisow, Landholm, Sawyer, Jaeger, Lathrop, Horeis and Carlson all voted in favor. The motion carried 7-0. Meeting adjourned approximately 5:46pm. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: July 18, 2022 SUBJECT: Request for waiver of sidewalks Recommendation: Conditional Approval Background: This is a request by Brian Wiese for a special exception to waive sidewalks in the Copperhead subdivision on property generally located at the northwest corner of Business Park Dr. and W. Military Avenue The applicant originally requested the waiver at the time the Copperhead Final Plat was submitted. However, at that time it was unclear that the UDC allowed a waiver. Section 11-713.09 (F) of the UDC states: Modification of Sidewalk Requirements. Sidewalk requirements may be altered or waived if a sidewalk or trail plan that provides equal or greater pedestrian circulation is submitted to and approved by the planning commission. These trade-offs may be permitted if better pedestrian and bicycle access and connectivity is provided through the use of off-street trails or multi-use pathways that connect to sidewalks or other off- street trails or multi-use pathways on the perimeter of the lot or tract proposed for development. Sidewalk requirements may also be altered or waived by the planning commission in the form of a special exception, where in the opinion of the planning commission the subject property is not integrated into the city's sidewalk and pedestrian network, and is not located adjacent to, or within 300 feet of facilities oriented to or commonly associated with pedestrian traffic (emphasis added). There are no sidewalks along Military Avenue or Business Park Drive in this vicinity. The industrial subdivisions to the north do not have sidewalks. The closest sidewalk is in front of the parking lot at Christensen Field approximately 2/3 mile away. The closest sidewalk along Military Avenue is approximately 1.2 miles from the entrance to the Copperhead subdivision on Military Avenue and 1 mile to the entrance on Business Park Drive. That sidewalk only fronts both the Military and Davenport frontage of one lot. The sidewalk is not connected to any other sidewalks The closest sidewalk along Military Avenue is located at Ridge Road approximately 1 mile from the Military Avenue entrance to the Copperhead subdivision and 7/8 mile to the Business Park Road entrance. There are no sidewalks in the industrial subdivisions to the north. There is likely to be little pedestrian traffic within this subdivision. However, it would be preferable to have a sidewalk on one side of Copperhead Road to provide a safe pedestrian area for individuals who want to walk to a different lot. The Public Works Director does not object to an exception to waive the sidewalks. A condition of granting a special exception should be that a document will be filed with the plat with the Register of Deeds indicating that the property owners within the subdivision would not object to a sidewalk district in the future if at some point sidewalks are needed in Military Avenue, Business Park Drive or Copperhead Road. COPPERHEAD SUBDIVISION Area of Application Sidewalk Sidewalk  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: July 18, 2022 SUBJECT: Request for Conditional Use Permit for Airboat Facility Recommendation: Approval conditioned upon provision of a no-rise certification prior to scheduling on the City Council agenda Background: This is a request by Dave Mitchell on behalf of Woody’s Airboat Tours for a Conditional Use Permit for an Outdoor Commercial Recreation use on property generally located at 2865 and 2835 Big Island Road. Section 11-504.02(O) of the Unified Development Code specifies the following conditions for an Outdoor Commercial Amusement facility: O. Outdoor Commercial Amusement facilities are permitted if it is demonstrated that: 1. They are located greater than 300 feet from either SR, AR, MH, GI or AV district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway; 2. Primary access to the site is from a collector or arterial roadway; 3. Activities are limited such that noise levels at the property line do not exceed: a. 70 dBA between the hours of 10:00 a.m. and 9:00 p.m.; b. 60 dBA between the hours of 9:00 p.m. and 11:00 p.m.; and c. 40 dBA between the hours of 11:00 p.m. and 10:00 a.m; and 4. The use operates in accordance with all other applicable federal, state, and local laws and, if additional permits are required, such permits were obtained prior to beginning operation. The property is located more than 300 feet from the above-mentioned zoning districts. Big Island Road is not classified as an arterial or as a collector on the Nebraska Functional Classification map, however the UDC defines “Collector” as: Collector. A street that serves or is designated to serve as the connection from minor streets to the arterial street system, such as the main entrance street of a residential development, or as a secondary connection between arterial streets. Big Island Road serves as a main street to access the residential development along the Platte River. The applicant states that they will operate on a Monday-Sunday basis between the hours of 10:00 a.m. and 9:00 p.m. They anticipate that two to three hours a day will be scheduled during that time. One airboat will be used, with the capacity for 13 passengers. The airboat will idle at no-wake speed until mid-river in order to minimize noise levels. The property is located within the floodway. A no-rise certification from an engineer is required for the parking lot and out-house. The certification must be provided prior to scheduling this on the City Council’s agenda. Surrounding Zoning General Area Of Application Flood Plain Map General Area of Application Big Island Road Aerial Leisure Lake Rd Big Island Rd