Planning Commission

PLANNING COMMISSION MEETING MONDAY, August 15, 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 July 18, 2022 Planning Commission meeting minutes as prepared. 4. A request by Dale Nattress for a special exception to allow chain-link fencing in the front yard of property generally located at 105 S. Morrell St., Fremont, NE. 5. A request by Dave Mitchell on behalf of Kevin and Lori Yount for a Change of Zone from R, Rural to GI, General Industrial on property generally located at 602 E. County Road T, Fremont, NE. 6. Adjournment SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING MONDAY, August 15, 2022 City Council Chambers, 400 East Military Avenue, Fremont NE 5:30 P.M., FOLLOWING PLANNING COMMISSION MEETING 1. Call to Order. 2. Roll Call City Council 3. Roll Call Planning Commission 4. Presentation by Jackie Wells regarding UDC 5. Discussion 6. Adjournment City Council 7. Adjournment Planning Commission 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 JULY 19, 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, Nielsen, Sawyer, Jaeger, Horeis, Lathrop, and Landholm were present. A quorum was established. Chairman Borisow read the item: dispense with the reading of the minutes of the June 20, 2022, meeting. Commissioner Landholm made a motion to approve the minutes as prepared. Commissioner Horeis seconded the motion. By a roll call vote, Borisow, Nielsen, Sawyer, Jaeger, Lathrop, Horeis and Landholm all voted in favor. The motion carried 7-0. Chairman Borisow read the item: 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. Planning Director, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. Having no discussion Chairman Borisow closed the public hearing. Commissioner Horeis made a motion to approve the special exception and commissioner Lathrop seconded. By roll call vote Jager, Lathrop, Horeis, Landholm, Sawyer, Borisow, and Nielsen voted in favor. Motion Carried 7-0. Chairman Borisow read the item: 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. Planning Director, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing, three people spoke in favor of the permit. Chairman Borisow closed the public hearing. Commissioner Sawyer made a motion to approve the permit with the condition that a “no- rise” certificate is provided prior to scheduling on the City Council agenda, commissioner Horeis seconded. By a roll call vote Nielsen, Landholm, Borisow, Horeis, Lathrop, Jaeger and Sawyer all voted in favor. Motion carried 7-0. Chairman Borisow asked for a motion to adjourn the meeting. Commissioner Landholm made a motion to adjourn and Commissioner Sawyer seconded. By a roll call vote commissioners Nielsen, Landholm, Lathrop, Jaeger, Horeis, Sawyer and Borisow voted in favor. Motion carried. 7-0. Meeting adjourned approximately 5:15pm.  APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: August 15, 2022 SUBJECT: Request for Special Exception to allow chain link fence in front yard Recommendation: Approval Background: This is a request by Dale Nattress for a special exception to allow a chain-link fence in the front yard of property generally located at 105 S. Morrell St. The Planning Commission may grant a special exemption to allow chain link fences in the front or street-side yard if the proposed fence is found to be compatible with the surrounding area. The request must meet the following criteria for approval: 1. The special exemption shall not be of a type that would tend to undermine the implementation of an adopted plan that includes the lot or tract proposed for development. Finding: The proposed chain link fence will not undermine the implementation of a plan. 2. The special exemption shall be compatible with surrounding land uses and the natural environment, and will not materially detract from the character of the immediate area or negatively affect the planned or anticipated development or redevelopment trajectory. Finding: Several properties in the area have chain link fences or wire fences in the front yard. The proposed fence will not detract from the character of the area. 3. The special exemption and any conditions of development shall adequately protect public health and safety against natural and man-made hazards which include, but are not limited to, traffic noise, water pollution, airport hazards, and flooding. Finding: The proposed fence will adequately protect the public health and safety. The property is in a flood plain, however, chain link will allow waters to flow through. Attached are photos of properties in the surrounding area. Morrell Street is not paved. The property across the street is developed with a chain link fence in the front yard. Vicinity Map General Area of Application Property to the east across S. Morrell Street: Chain link fence Area of Application Property to the northeast across W 1st and S Morrell Streets: Wire fence  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: August 15, 2022 SUBJECT: Request for Change of Zone from R,Rural to GI, General Industrial Recommendation: Recommend Approval to City Council Background: This is a request by Dave Mitchell on behalf of Kevin and Lori Yount for a Change of Zone from R, Rural to GI, General Industrial on property generally located at 602E. County Rd. T, Fremont, NE. The property contains approximately 10.98 square feet and is adjacent to the rail road track. The applicant intends to install a rail spur and operate a metal recycling facility. A recycling facility is a conditional use in the GI, General Industrial district. The properties to the west and south are zoned GI, General Industrial. The property to the north is zoned R, Rural. The property o the north east is zoned PD, Planned Development for a cold-storage facility. The property immediately east is zoned R, Rural while the property further east along Yager Rd is zoned GI, General Industrial. The current and proposed Comprehensive Plan shows the future land use of this area as Industrial. The property is within the City limits. The Gas department noted that there is a high-pressure gas line that will need to be put into a sleeve and lowered prior to installation of a rail spur. The Water/Wastewater department noted that connection to the City sanitary sewer is required. The use of a well for water is acceptable given the property is more than 300 feet from a water main.  Surrounding Zoning General Area of Application  General Vicinity Map General Area of Application