Planning Commission

PLANNING COMMISSION MEETING MONDAY, December 19, 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 October 17, 2022 Planning Commission meeting minutes as prepared. 4. A request by Steve Gallucci on behalf of All Pallets, Inc. for a waiver of the required landscaping on property generally located at 601 E. Dodge Street, Fremont, NE. 5. A request by Skip Sawyer for a waiver of landscaping requirement on property generally located at 346 S. Broad Street, Fremont, Nebraska. 6. A request by Skip Sawyer for a Conditional Use Permit to allow auto sales in a Light Industrial district on property generally located at 346 S. Broad Street, Fremont, Nebraska. 7. A request by Kathy Mesner on behalf of Fremont Northside Apartments to waive the requirement for sidewalks along N. Yager Rd. on property generally located at 2740 N. Yager Road, Fremont, Nebraska. 8. Adjournment This meeting was preceded by publicized notice in the Fremont Tribune, the agenda displayed in the lobby of the Municipal Building and posted online at www.fremontne.gov IN ACCORDANCE WITH THE NEBRASKA OPEN MEETINGS ACT, a copy of which is posted continually in the council chambers for public inspection, and said meeting is open to the public. A copy of the agenda was also kept continually current and available to the public in the principle office of the DEPARTMENT OF PLANNING, 400 East Military Avenue. The Planning Commission reserves the right to adjust the order of items on this agenda.  PLANNING COMMISSION MINUTES October 17, 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, Jaeger, Horeis, Lathrop, Carlson, McKay and Landholm were present. A quorum was established. Chairman Borisow read the item: dispense with the reading of the minutes of the September 19, 2022, meeting. Commissioner Horeis made a motion to approve the minutes with his corrections, Commissioner Landholm added his correction and seconded the motion. By a roll call vote, Borisow, McKay, Carlson, Jaeger, Lathrop, Horeis and Landholm all voted in favor. The motion carried 7-0. Chairman Borisow read the item: A request by Jason Indra of I & I Holdings for a waiver of the required landscaping on property generally located at 425 W County Rd T, Dodge County, Nebraska. Planning Director, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. One person spoke in favor of the waiver. Chairman Borisow closed the public hearing. Commissioner Landholm made a motion to approve the waiver and commissioner Carlson seconded. By roll call vote Jager, Lathrop, Horeis, Landholm, McKay, Borisow, and Carlson voted in favor. Motion Carried 7-0. Chairman Borisow read the item: A request by Jeff ray of JEO on behalf of the property owners for the “And One Subdivision” Preliminary Plat consisting of 3 lots, generally located east of County Rd. S and Highway 77, and with the general address of 1866 N Highway 77, Dodge County, Nebraska. Planning Director, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing, one person spoke in favor of the preliminary plat. Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the plat with conditions A, C, and D. Commissioner Horeis seconded. By a roll call vote Carlson, Landholm, Borisow, Horeis, Lathrop, Jaeger and McKay all voted in favor. Motion carried 7-0. Chairman Borisow read the item: A request by Jeff ray of JEO on behalf of the property owners for the “And One Subdivision” Final Plat consisting of 3 lots, generally located east of County Rd. S and Highway 77, and with the general address of 1866 N Highway 77, Dodge County, Nebraska. Planning Director, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. One person spoke in favor of the final plat. Commissioner Borisow closed the public hearing. Commissioner Borisow made a motion to approve the final plat with conditions 1 – 7. Commissioner Landholm seconded. By a roll call vote Commissioners McKay, Carlson, Landholm, Borisow, Jaeger, Lathrop and Horeis all voted in favor. Motion carried 7-0. Chairman Borisow read the item: A request by Jeff ray of JEO on behalf of the property owners for Change of Zone from R, Rural to LI, Light Industrial, generally located east of County Rd. S and Highway 77, and with the general address of 1866 N Highway 77, Dodge County Nebraska. Planning Director, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. One person spoke in favor of the Zoning Change. Chairman Borisow closed the public hearing. Commissioner Horeis made a motion to approve the zoning change with conditions and commissioner Landholm seconded. By a roll call vote commissioners Landholm, Borisow, Carlson, Jaeger, Lathrop, McKay and Horeis all voted in favor. Motion carried 7-0. Chairman Borisow read the item: A request by Jeff Ray of JEO on behalf of the property owners for a Conditional Use Permit for Self-Storage facilities on proposed Lot 1 And One Subdivision generally located east of County Rd. S and Highway 77, and with the general address of 1866 N Highway 77, Dodge County Nebraska. City Planner, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. One person spoke in favor of the CUP. Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve with conditions 1 – 8. Commissioner Landholm seconded. By a roll call vote commissioners Landholm, Borisow, Carlson, Jaeger, Lathrop, McKay and Horeis all voted in favor. Motion carried 7-0. Chairman Borisow read the item: A request by Jeff Ray of JEO on behalf of the property owners for a Conditional Use Permit for Self-Storage facilities on proposed Lot 2 And One Subdivision generally located east of County Rd. S and Highway 77, and with the general address of 1866 N Highway 77, Dodge County Nebraska. City Planner, Jennifer Dam presented her staff report. Chairman Borisow opened the public hearing. One person spoke in favor of the CUP. Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the CUP with conditions 1-7. Commissioner Landholm seconded. By a roll call vote commissioners Landholm, Borisow, Carlson, Jaeger, Lathrop, McKay and Horeis all voted in favor. Motion carried 7-0. Chairman Borisow asked for a motion to continue the next 4 items on the agenda to the next planning commission meeting. Commissioner Landholm made a motion to continue and commissioner McKay seconded. By a roll call vote commissioners Landholm, Borisow, Carlson, Jaeger, Lathrop, McKay and Horeis 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, commissioner Jaeger seconded. By a roll call vote commissioners Landholm, Borisow, Carlson, Jaeger, Lathrop, McKay and Horeis all voted in favor. Motion carried 7-0. Meeting adjourned at approximately 5:45pm. APPROVED _____________________________________  Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: December 19, 2022 SUBJECT: Waiver of required landscaping Recommendation: Approval of a partial waiver of landscaping Background Kyle Haase of E&A Consulting Group is requesting a special exception for a waiver of the landscaping on behalf of Steve Gallucci of Palleton on property located at 601 E. Dodge St., Fremont, Nebraska. Specifically, they are requesting that the required landscape surface ratio be reduced from 15% to 8.5%. The parcel is zoned LI, Light Industrial. The properties to the north and east are also zoned LI, Light Industrial and developed with light industrial uses. The property to the south is zoned GI, General Industrial and is developed with rail road tracks and industrial uses. Properties to the east across Union Street are zoned GI, General Industrial, GC, General Commercial and DC, Downtown Commercial. They are developed with storage buildings, a shelter and offices. Palleton hired a local contractor to pave the western portion of the site with concrete last spring. This allowed a loading dock and storage space to be created. They also put down crushed rock on the north side of the building in the right of way and along the west part of the entry that had been grass. Neither the contractor nor Palleton was aware of the landscaping requirement. The following pictures show the green space before and the concrete and gravel on the site after installation.  Gravel placed in front next to Concrete and Gravel placed in right-of-way loading dock and Concrete Placed on property here The City received a complaint about the removal of the green areas. Staff met with the property owner, engineer and architect on site to discuss options. Staff recommended that they evaluate whether it made sense to place landscaping on the south side of the building and if it was feasible on the east side of the building, given the concrete liner and gutters. Staff further suggested that the right-of-way needed to be put back into plant materials and that the green space in front of the building should be restored. The LI, Light Industrial district requires a 15% minimum landscape surface ratio which can be in turf, ground cover, or landscaped. The lot contains 51,401 square feet, which would require 7,710 square feet of landscape area. The landscape architect from E&A Consulting group confirms that landscaping would not be viable on the south side of the building. The existing ground is compacted. Even if soil were removed and replaced with amended soil four feet deep, they state that it would be difficult for plant materials to survive adjacent to the rail road tracks. The reflection off of the light- colored building would also make it difficult for plant material to survive. The applicant is proposing 4,385 square feet of landscaping, of which 2,545 square feet is in the City right-of way. Proposed landscaping on the Palleton property equals 1,840 square feet or 3.6% of the total area of the site. The area at the front of the building that was rocked is roughly 2,000 square feet. If it were returned to landscaped area the total landscaped site area would be approximately 7.5%. The five-foot wide landscape strip proposed on the east side of the building will require the removal of a concrete liner that runs approximately two-thirds the length of the building. The Public Works Director noted that the continuous curb cut does not meet City standards. The applicant needs to work with Public Works to replace curbing and establish a driveway that will meet standards. The right-of-way that is outside of an established drive will need to be returned to a turf area. Storage of materials in the front or street-yard of the building is not permitted under the UDC. 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 site is constrained by the rail road to the south. Additionally, this is an older area of town in which it is difficult to redevelop and utilize properties and strictly meet the requirements of the UDC. A reduction in landscape area is needed to utilize the building for production and to utilize the loading dock on the west side of the building. However, landscaping in the front of the building and in the right-of-way should be provided. The following adjustments to the proposed green space exhibit are proposed:  Right of way restored to landscape area but does not count toward total site landscaping Provide landscaping as proposed Restore landscaping to this area Work with Pubic Works director to establish a driveway that adheres to City standards. Restore landscaping/turf to right-of-way outside of driveway and return Zoning Map General Area of Application Vicinity Map General Area of Application E& A CONSULTING GROUP, INC. Engineering Answers 10909 Mill ValleyRoad,Suite100 • Omaha,NE68154-3950 P402.895.4700 • F 402.895,3599 www.eacg.com November 16,2022 Jennifer L. Dam, AICP, Director of Planning 402.727.2641 CityofFremont 400 E. Military Fremont/NE 68025 Re: Palleton Warehouse in Fremont, NE E & A Project #P2022.282.001 Jennifer, We are submitting the attached documents on behalf of E&A Consulting Group, Inc. client, Palleton. During a site visit, with our Landscape Architect (Matt Tiarks), we examined the entire property for areas to convert into additional landscaping. The area along the South side of the building is completely compacted with a mix of clay soils and rock. Even if the property owner were to dig down 4f and replace this whole area with amended soils, most perennials, shrubs, and/or grasses would still have a tough survival rate along the railroad tracks. We are attempting to plant native grasses in the South-West comer of the property, where there isa little more potential for a native species to get established and have success in growing. We believe that the area directly East of the building and the North-East corner of the property has the potential for grass seed & matting to be successful in being established here. The area directly North of the building is in the R.O.W. because there is very limited space to add back permeable area to this property. We plan to install a mix of grass and perennial beds that will include shade tolerant species due to the amount of shade this area receives throughout each day. These species consist ofOakleaf Hydrangea, Green Velvet Boxwoocf, Liberty Hosta, and Purple Palace Coralbells. We are also adding in some river rock & river jack along each concrete gutter path to help cut down on any erosion that these areas may present during rain events. We are submitting the attached exhibits to request a special exception to grant a waiver of landscaping. We are also requesting the landscaping percentage to be reduced and feel that this request can be supported as it is difficult due to the tight constraints of the existing property and unfavorable site/soil conditions, between the existing building and railroad tracks. This reduced landscape surface ratio would be from 15% to 8.5%. In advance, thank you for your tinne and consideration to our application. If you have any questions, please feel free to contact me at 402-895-4700. Sincerely, Kyle Haase E & A Consulting Group  E & A CONSULTING GROUP, INC. Engineering · Planning · Environmental & Field Services 20 0 20 10909 Mill Valley Road, Suite 100 · Omaha, NE 68154 Phone: 402.895.4700 · Fax: 402.895.3599 East Dodge Street 1 inch = 20 ft. 1193 See Landscape Plan for Details www.eacg.com 875 S.F. 2,545 S.F. State of NE Certificate of Authorization #CA0008 350 S.F. 1192 15' 170' Areas to be Seeded & Matted. 3 35' See This Sheet for Details. 119 South Union Street 5 119 11 94 11 10' 95 175' 9.4' 73.8 1' PALLETON, INC. 70' FREMONT, NEBRASKA 8.6' 615 S.F. See Landscape Plan for Details 1194 PROPOSED 5' 119 4 K:\Projects\2022\282\p01\Planning & Platting\Planning\Concept\CAD Concepts\Green Space Exhibit-000.dwg 119 GREEN SPACE EXHIBIT 5 PROPOSED GREENSPACE = 4,385 S.F. (8.5%) Description Revisions SEEDING NOTES: 1. Seeding shall be Superturf II no rye (sod grower) lateral spread tall fescue kentucky bluegrass Date mixture from United Seeds, Inc. Planting method and seeding rate shall be 10 lbs per 1,000 sq ft. Seeding dates: March-June, dormant seeding: December-March. 11/15/2022 2:28 PM No 2. Matting shall be installed over all seeding areas (S75 - NAG Single Net Straw Matting OR 1 P2022.282.001 11/15/2022 1" = 20' MAT MAT/KJH EQUIVALENT). 3. Contractor to coordinate work with other amenities contractors. 1 of Proj No: Designed By: Drawn By: Matthew Tiarks Date: Scale: Sheet:  E & A CONSULTING GROUP, INC. Engineering · Planning · Environmental & Field Services East Dodge Street 10 0 10 10909 Mill Valley Road, Suite 100 · Omaha, NE 68154 Phone: 402.895.4700 · Fax: 402.895.3599 1 inch = 10 ft. 3-D www.eacg.com 3-D 3-D 3-D 3-D 3-D 4-C 4-C 1192 State of NE Certificate of Authorization #CA0008 4-C 4-C 4-C 4-C 3-B 5-A 3-B 5-A 3-B 5-A 3-B 3-B 3-B 119 3 5 119 11 94 11 95 PALLETON, INC. FREMONT, NEBRASKA LANDSCAPE NOTES: PLANT SCHEDULE 1. Locate and verify the location of all underground utilities prior to the start of any construction. Care should be taken not to disturb any existing utilities during construction. Any damage to utilities or other improvements caused by the Contractor will SYM QTY BOTANICAL NAME COMMON NAME SIZE TYPE be repaired at no cost to the Owner. A 15 Hydrangea quercifolia 'Snow Queen' Oakleaf Hydrangea 5 Gal. Cont. 2. All plant material shall be of good quality and sizes shall meet required size specifications. B 18 Buxus x 'Green Velvet' Green Velvet Boxwood 5 Gal. Cont. 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 C 24 Hosta x 'Liberty' Liberty Hosta 3 Gal. Cont. Top of root ball shall be slightly Heuchera micrantha 'Palace Purple' Purple Palace Coralbells Minimum 4 inches of shredded wood mulch. PROPOSED of planting. D 18 2 Gal. Cont. higher than the surrounding Maintain the mulch to be weed free finish grade 4. All plant material shall be guaranteed to be in a live and healthy growing condition for two full growing seasons (trees) and one for a minimum of 2 years LEGEND: full growing season (perennials & shrubs) after final project acceptance or shall be replaced free of charge with the same K:\Projects\2022\282\p01\Planning & Platting\Planning\Concept\CAD Concepts\Landscape Plan-000.dwg grade and species including labor. - Areas to be installed with mix of river jack stones and 3" of river rock with weed barrier fabric and steel edging. LANDSCAPE PLAN 5. Verify all dimensions and conditions prior to starting construction. The location of plant material is critical and shall be installed - Areas to be installed with seed & matting. See this sheet for details. Water thoroughly to eliminate as indicated on plans. Field adjustments may be necessary based on field conditions (i.e., root ball and drop inlet conflict). All air pockets, settling and to soak Remove container from adjustments must be approved by the landscape architect. root ball and surrounding soil root ball 6. The Landscape Contractor shall remove all construction debris and materials injurious to plant growth from planting pits and Soil Mixture: beds prior to backfilling with planting mix. All planting areas shall be free of weeds and debris prior to any work. 4 parts by volume of topsoil mixed with one part decomposed organic material, firm soil 7. Provide locally available shredded hardwood mulch on all trees and in all planting beds to a 3-4 inch minimum depth unless around root ball 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. SHRUB & PERENNIAL PLANTING DETAIL Description NOT TO SCALE 9. Contractor to coordinate work with other amenities contractors. Revisions SEEDING NOTES: 1. Seeding shall be Superturf II no rye (sod grower) lateral spread tall fescue kentucky bluegrass mixture from United Seeds, Inc. Planting method and seeding rate shall be 10 lbs per 1,000 sq ft. Date Seeding dates: March-June, dormant seeding: December-March. 11/15/2022 2:30 PM No 2. Matting shall be installed over all seeding areas (S75 - NAG Single Net Straw Matting OR 1 P2022.282.001 11/15/2022 1" = 20' MAT MAT/KJH EQUIVALENT). ne1call.com 3. Contractor to coordinate work with other amenities contractors. 1 of Proj No: Designed By: Drawn By: Matthew Tiarks know what's below. Dial: 811 Call before you dig. Date: Scale: Sheet:  E & A CONSULTING GROUP, INC. Engineering · Planning · Environmental & Field Services 10 0 10 10909 Mill Valley Road, Suite 100 · Omaha, NE 68154 South Union Street Phone: 402.895.4700 · Fax: 402.895.3599 1 inch = 10 ft. www.eacg.com State of NE Certificate of Authorization #CA0008 64-E PALLETON, INC. FREMONT, NEBRASKA LANDSCAPE NOTES: PLANT SCHEDULE 1. Locate and verify the location of all underground utilities prior to the start of any construction. Care should be taken not to disturb any existing utilities during construction. Any damage to utilities or other improvements caused by the Contractor will SYM QTY BOTANICAL NAME COMMON NAME SIZE TYPE be repaired at no cost to the Owner. A - Hydrangea quercifolia 'Snow Queen' Oakleaf Hydrangea 5 Gal. Cont. 2. All plant material shall be of good quality and sizes shall meet required size specifications. B - Buxus x 'Green Velvet' Green Velvet Boxwood 5 Gal. Cont. 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 C - Hosta x 'Liberty' Liberty Hosta 3 Gal. Cont. Top of root ball shall be slightly Heuchera micrantha 'Palace Purple' Purple Palace Coralbells Minimum 4 inches of shredded wood mulch. PROPOSED of planting. D - 2 Gal. Cont. higher than the surrounding Maintain the mulch to be weed free finish grade 4. All plant material shall be guaranteed to be in a live and healthy growing condition for two full growing seasons (trees) and one E 64 Micanthus sinensis Gracillimus Maiden Hair Grass 3 Gal. Cont. for a minimum of 2 years full growing season (perennials & shrubs) after final project acceptance or shall be replaced free of charge with the same K:\Projects\2022\282\p01\Planning & Platting\Planning\Concept\CAD Concepts\Landscape Plan-000.dwg grade and species including labor. LEGEND: LANDSCAPE PLAN - Areas to be installed with a minimum 4" of hardwood mulch. See this sheet for details. 5. Verify all dimensions and conditions prior to starting construction. The location of plant material is critical and shall be installed Water thoroughly to eliminate as indicated on plans. Field adjustments may be necessary based on field conditions (i.e., root ball and drop inlet conflict). All air pockets, settling and to soak Remove container from adjustments must be approved by the landscape architect. root ball and surrounding soil root ball 6. The Landscape Contractor shall remove all construction debris and materials injurious to plant growth from planting pits and Soil Mixture: beds prior to backfilling with planting mix. All planting areas shall be free of weeds and debris prior to any work. 4 parts by volume of topsoil mixed with one part decomposed organic material, firm soil 7. Provide locally available shredded hardwood mulch on all trees and in all planting beds to a 3-4 inch minimum depth unless around root ball 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. SHRUB & PERENNIAL PLANTING DETAIL Description NOT TO SCALE 9. Contractor to coordinate work with other amenities contractors. Revisions SEEDING NOTES: 1. Seeding shall be Superturf II no rye (sod grower) lateral spread tall fescue kentucky bluegrass mixture from United Seeds, Inc. Planting method and seeding rate shall be 10 lbs per 1,000 sq ft. Date Seeding dates: March-June, dormant seeding: December-March. 11/15/2022 2:31 PM No 2. Matting shall be installed over all seeding areas (S75 - NAG Single Net Straw Matting OR 1 P2022.282.001 11/15/2022 1" = 20' MAT MAT/KJH EQUIVALENT). ne1call.com 3. Contractor to coordinate work with other amenities contractors. 1 of Proj No: Designed By: Drawn By: Matthew Tiarks know what's below. Dial: 811 Call before you dig. Date: Scale: Sheet:  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: December 19, 2022 SUBJECT: Waiver of required landscaping Recommendation: Approval of a waiver of landscaping conditioned on providing a landscape plan Background Skip Sawyer is requesting a special exception for a waiver of the landscaping on property located at 346 S. Broad St., Fremont, Nebraska. This application is associated with a request for a Conditional Use Permit for auto sales. The primary concern is that a 25 foot buffer yard would reduce the area of the lot enough that it would be difficult to have enough space for cars. Specifically, they are requesting that the required landscape buffer yard be reduced from 25 feet to 8 feet along S. Broad Street, and from 10 feet to 5 feet along W. Jackson St. and a reduction in the required amount of landscaping. The request does not specify, however, how much of a reduction in landscaping is requested. A Type C buffer yard is required along Broad Street, which would be 25 feet wide requiring 3 trees and 10 shrubs per 100 lineal feet. A Type B buffer is required along W. Jackson, which would be 10 feet wide with 2 trees and 8 shrubs per 100 lineal feet. The Broad Street frontage is approximately 200 feet in length. The W. Jackson Street side is about 100 feet. The property contains 12,900 square feet. The proposed landscape area is approximately 2,350 square feet or 18.2%. This meets the requirement for 15% landscape area in the LI, Light Industrial District. The parcel is zoned LI, Light Industrial. The properties to the west, east and south are also zoned LI, Light Industrial and developed with light industrial uses. The property to the north is zoned GI, General Industrial and is developed with rail road tracks and heavy industrial uses. The property abuts Broad Street/ Highway 77 which has a wide right-of-way at this point. The wide grassy parkway area begins the ascent up the viaduct at this point. The grassy strip is approximately 25 feet wide at the south end of the property and widens to about 66 feet at the north end of the property. This provides an unusual green space in the right-of-way and elevation adjacent to the parcel. A picture shows this below:  Property in application Right-of-way The parcel had previously been used for auto-sales but lost its legal non-conforming status when the auto-sales use was discontinued for more than 12 months. The property is in an older industrial area. The lot has existing buildings and an asphalt parking lot on it. It is more difficult to provide landscape buffering required by the UDC in developed areas. The proposed and required landscape areas are shown in the image below. The proposed buffer areas are shown in the green wave pattern and purple dot pattern. The additional area that is required under the UDC is shown in red.  Proposed Buffer Area Required Buffer Area Proposed Buffer Area 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 site has been developed for years prior to the requirement for buffer yards. The proposal for a Conditional Use Permit for auto-sales brings about the requirement to comply with the landscaping requirements. A 25’ buffer yard would significantly limit the area of the lot that could be utilized. The existing wide, grassy right-of-way adjacent to the site helps with the buffer. Staff suggests that a type B buffer yard with 2 trees and 8 shrubs per 100 lineal feet can be accommodated along S. Broad Street. The property frontage is about 200 feet in length, so the total amount of plant material would be 4 trees and 16 shrubs. A type A buffer yard could be accommodated along W. Jackson, which would require 2 trees and 5 shrubs. Zoning Map General Area of Application Vicinity Map  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: December 19, 2022 SUBJECT: Conditional Use Permit for Auto Sales Recommendation: Approval conditioned upon a permit from the State of Nebraska and compliance with landscape requirements as determined by the Planning Commission. Background Tim Ogborn is requesting a Conditional Use Permit for auto sales on property generally located at 346 S. Broad St., Fremont, NE. This application is associated with a request for a waiver of landscaping requirements. The primary concern is that a 25 foot buffer yard would reduce the area of the lot enough that it would be difficult to have enough space for cars. The parcel is zoned LI, Light Industrial. The properties to the west, east and south are also zoned LI, Light Industrial and developed with light industrial uses. The property to the north is zoned GI, General Industrial and is developed with rail road tracks and heavy industrial uses. The parcel had previously been used for auto-sales but lost its legal non-conforming status when the auto-sales use was discontinued for more than 12 months. Auto sales are allowed via a conditional use permit in the Light Industrial zoning district. The requirements are: E. Auto Sales and Service Establishments are permitted if it is demonstrated that: 1. They are located greater than 300 feet from any residential, GI, AV, CU, or PO district boundaries, as measured from the boundary lines nearest each other, unless separated from such district by a type C bufferyard or a collector or arterial roadway; 2. Primary access to the site is from a collector or arterial roadway; 3. 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; 4. All outdoor display areas for sales, rental, and service are improved with all- weather surfaces, in accordance with Subsection 11-804.06., Surfacing and Maintenance;  5. Body repair services are subordinate and incidental to the principal use of auto sales and service establishments; 6. No vehicles will be parked on the public right-of-way (vehicles will be towed by the city without notice, at the owner's expense, and shall constitute a zoning violation); 7. In all districts for which the use is a limited or conditional use: a. Repair bays do not front adjacent public rights-of-way or face any residential district; b. No more than one elevated display is used, raising the vehicle no more than three feet off the ground; c. Accessory uses and structures, such as car wash facilities and their incidental functions (vacuums and air compressors) are set back a minimum distance of 50 feet from adjacent public rights-of-way and any residential district; and d. No existing buildings shall be occupied or re-used for vehicle sales, rental and service unless all parking, loading, access, landscaping, buffering, screening, signage, and exterior lighting is brought into compliance with Article 8, Site Development; and 8. 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 proposal meets the requirements of items 1 through 7 except the landscape screen requirement. A waiver has been requested to reduce the required screening. A permit from the State of Nebraska as an auto-dealer is required prior to operation. Zoning Map General Area of Application Vicinity Map  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: December 19, 2022 SUBJECT: Request for waiver of sidewalks Recommendation: Conditional Approval Background: This is a request by Kathy Mesner for a special exception to waive sidewalks along Yager Road for the Yager North Subdivision. 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). The closest sidewalk on the east side of Yager Rd. is approximately 900 feet to the south. There are no sidewalks to the north on this side of Yager Rd. A sidewalk exists adjacent to the Fountain Springs apartment development to the northwest on Yager Rd. and along 29th Street. A subdivision is planned on the southwest side of 29th & Yager Roads that will be similar to the duplex developments immediately to the west. The subdivision will provide a sidewalk on 29th Street and along Yager Rd. Sidewalks will eventually be installed in the Fremont Technology Park to the north and east. However, there is likely to be little pedestrian traffic to that subdivision. Internal sidewalks are being provided within the subdivision. The Public Works Director does not object to an exception to waive the sidewalks. A condition of granting a special exception should be to require a document to be filed with the Register of Deeds indicating that the property owners will not object to a sidewalk district in the future when sidewalks are needed along the east side of Yager Road. Area of Request