Planning Commission

PLANNING COMMISSION L MEETING MONDAY, FEBRUARY 20, 2023 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 January 31, 2023 Special Planning Commission meeting minutes as prepared. 4. A request by David Mitchell on behalf of SCD, LLC to waive required landscaping at, Sid Dillon Cadillac & Sid Dillon Mazda on property generally located at 2420 E. 23rd St., Fremont, Nebraska. 5. A request by David Mitchell on behalf of SCD, LLC to waive required landscaping at Sid Dillon Chevrolet, on property generally located at 2500 E. 23rd St., Fremont, Nebraska. 6. A request by Jerry Nelson on behalf of CDLD, LLC for a Conditional Use Permit to expand a Non-Standard Use to erect permanent canopies to cover automobiles at Sid Dillon Cadillac & Sid Dillon Mazda on property generally located at 2420 E. 23rd St., Fremont, Nebraska. 7. A Request by Jerry Nelson on behalf of SCD, LLC for a Conditional Use Permit to expand a Non-Standard Use by erecting permanent canopies to cover automobiles at Sid Dillon Chevrolet, on property generally located at 2500 E. 23rd St., 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 January 31, 2023 5:00 p.m. Meeting Vice Chairman Carl Nielsen 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 Vice Chairman Nielsen and Commissioners, Jaeger, Horeis, Sawyer, Carlson, and McKay were present. A quorum was established. Vice Chairman Nielsen read the item: dispense with the reading of the minutes of the January 16, 2023 meeting. Commissioner Landholm made a motion approve the minutes. Commissioner Horeis seconded the motion. By a roll call vote, McKay, Carlson, Jaeger, Sawyer, Horeis and Nielsen all voted in favor. The motion carried, 6-0. Vice Chairman Nielsen read the item: “Review the Fremont Municipal Airport Capital Improvement Plan.” Public Works Director Justin Zetterman presented his staff report. Commissioner Sawyer made a motion to find the Fremont Municipal Airport Capital Improvement Plan in conformance with the Comprehensive Plan. The motion was seconded by Commissioner Landholm. By a roll call vote, McKay, Jaeger, Carlson, Horeis, Nielsen and Sawyer all voted in favor. The motion carried 6-0. Commissioner Sawyer made a motion to adjourn, which was seconded by Commissioner Horeis. By a roll call vote, McKay, Jaeger, Carlson, Horeis, Nielsen and Sawyer all voted in favor. The motion carried 6-0. Meeting adjourned at approximately 5:07p.m. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: February 20, 2023 SUBJECT: Waiver of required landscaping Recommendation: Approval of a waiver of landscaping conditioned upon installation of landscaping as shown on approved plan Background Jerry Nelson, on behalf of CDLD, LLC, is requesting a special exception for a waiver of the landscaping on property located at 2420 E. 23rd St., Fremont, Nebraska. This application is associated with a request for a Conditional Use Permit to expand a non- standard use. The addition of a canopy over the cars on the lot, if approved, would generate a requirement to provide a “Type C” landscape buffer that is 25’ wide with 3 trees and 10 shrubs per 100 lineal feet. The applicant is requesting approval of landscaping as shown on the attached plan. Specifically, Area E would contain 1 weeping white spruce, 6 Karl Forester grass clumps, 3 Little Lime Hydrangea and river boulders. Area F would contain 4 Karl Forester grass clumps, 4 Little Lime Hydrangea, 1 weeping white spruce and river boulders. Area G would contain 1 weeping white spruce, 3 Karl Forester grass clumps and 3 grape lollipop phlox. Areas H and I would contain repeated groupings of 3 green velvet boxwood, 3 clumps of Karl Forester grass clumps and river boulders. The proposed landscaping will soften and enhance the site. 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, Right-of-way  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 brings about the requirement to comply with the landscaping requirements. The original front yard was purchased by the State of Nebraska in order to install the frontage road. That reduced the area available for landscaping. A 25’ buffer yard would significantly limit the ability of the lot to continue to be used for auto sales.  Vicinity Map E. 23rd Street General Area of Application February 1st, 2023 To: Jennifer Dam, Director of Planning Planning Commission, City Council, Mayor Spellerberg All interested parties RE: Request for Landscape Waiver Sid Dillon Cadillac & Mazda Approximately 2420 East 23rd Street Fremont, Nebraska Jennifer, On behalf of CDLD, LLC, I am requesting a landscape waiver at their present location approximately 2420 East 23rd Street known as Sid Dillon Cadillac & Sid Dillon Mazda car lot. Sid Dillon Cadillac & Sid Dillon Mazda are proposing to alter the bufferyard requirements along East 23rd street. Street frontage capacity for vehicles are imperative to the automobile dealership. Moving the existing display vehicles farther North to create the standard bufferyard depth would reduce the width of the existing parking lot drive between the vehicles and the showroom. That drive is heavily used by car transports, delivery trucks, employees, and the ingress/egress of large fleet truck sales. For safety reasons, it is imperative to keep the range of vision as large as possible. The waiver request acknowledges the importance of landscape while recognizing the existing use of the property by adding professionally designed focused landscape areas in lieu of the standard bufferyard. These focused areas will add aesthetic improvements to the city entrance beyond the requirements of a traditional bufferyard. I appreciate your consideration. Please reach out to me with any questions or concerns. Sincerely, Jerry Nelson, AIA 620 N. 48th Suite 102 • Lincoln, NE 68504 • (402) 467-4328 Email: jnelson@ailincoln.com • Visit us online at www.ailincoln.com  CITY 0F Planning & Development 400 E. Military Ave. Fremont, NE 68025 Phone: 402-727-2636 N E 8 Ft A S K A Fax: 402-727-2659 LANDSCAPE WAIVER APPLICATION FOR OFFICE USE ONLY Application Fee: $425 Legal Notification Fee: $75 Total Fees: $500 AIPPuCANT (all correspondence will be directed to the applicant) Name -JC=-`pezA`,t4 u= ^'ciLs8|,\ ,-,Aft;\f,4(t/`-"zc.:,t,, c Phone (L~`cl z - `;/t;'7 7 ' ';''3 +'' f`; `=u„,`_c`, ./oz Fax Address 6:?,a ,t;`,: L{9~`jt <j~,71?€c£.'( Lw €a2 ca i (i \ vl C,{j ~ , Czo W PROPERIrv CNINER (if not the same as applicant above| Name CtT`l--~LJ, LLf ~ <j,g, \ L,L_c' i`| Phone `t4 2-` 7Z/( .~Zz s3 Address Z`iz_`> {S f-~£,ixp <,Tr2.2ft-\ City 4 (I:` n^ <` ,\\ -1 Emai| C'j ( ~1 (a) C>'tcJJt` ((c*`\ , CoM ENGINEER, SURVEYOR, OR ARCHITECT (trnof the scrme os app/t.ccrnr crbove) Name Address State Email AIGENr `if not the same as applicant above) <,+ L4uJ 0-f lr, - 'Avfly I//': ( .i CtlTZL,L, Name Phone 4``.'2_ ~ 77~ ( -C ( to I ,J --,, C:I-r\ =~=,T¢aeT Address Fax `/£`?, -7Z~t 'G```)f; City :¢-JZTy,A,a,uT-- Email d'C"` €-1 Vo.~>T \c`i^J ftz7-,wh 4c,fyi,\ (continued on next page} Page 1 of 2  CITY OF Planning & Development 400 E. Military Ave. Fremont, NE 68025 Phone: 402-727-2636 N E 8 Ft A S K A Fax: 402-727-2659 LANDSCAPE WAIVER APPLICATION PROPERTY INFORMATION Address of Property zLrco -i £7|,/ 7_ii == z,-3j3io sty_t_i=`T General tocatiion `if no address is available) Legal Description of Property rL '\.liz. 3aBC.A \?~ Ill Descr.iptiion Of Request (the following does not satisfy the "statement" requirement as descrl.bed herein; a separate ``stqtemenr -/`\l~'i ly' I is \j =i`v (J{i,\! required p:y2_T> tor2u be r, u considered complete) \`yg-_ci\;,fi ,.€yfu;i, <, I `v / J1__1,_`/ _\j I tr2-i) T2j___(i_u \`y?-_C)„'vl i.3TL''i <> A`.c I\u L __2E_7_ '{'`- <;.-. y `= r=T An application may be filed only by the owner(s) of the property, or duly authorized officer or agent of the owner(s). By executing this application, he/she does hereby acknowledge the above statements to be true and accurate to the best of their knowledge, and understand that knowing and willful falsification of information will result in rejection of the application and may be subject to criminal prosecution. I have received, read and understand the terms and conditions of this request, and agree to compliance with all applicable codes and ordinances of the City. /,,, ---- A. i,L --------- ; , -' -,,.-. _,,.f=`,,i,+in.. I.(== -^ a 0 I - __7 (-, ±? 5 Signature Print Name Date Office Use Only Submittal Date Project No. Payment Amount Receipt No. Other Comments Page 2 Of 2  Staff Report TO: Planning Commission FROM: Jennifer Dam, Planning Director DATE: February 20, 2023 SUBJECT: Waiver of required landscaping Recommendation: Approval of a waiver of landscaping conditioned upon installation of landscaping as shown on approved plan Background Jerry Nelson, on behalf of SCD, LLC, is requesting a special exception for a waiver of the landscaping on property located at 2500 E. 23rd St., Fremont, Nebraska. This application is associated with a request for a Conditional Use Permit to expand a non- standard use. The addition of a canopy over the cars on the lot, if approved, would generate a requirement to provide a “Type C” landscape buffer that is 25’ wide with 3 trees and 10 shrubs per 100 lineal feet. The applicant is requesting approval of landscaping as shown on the attached plan. Specifically, Areas A and B would contain 3 Karl Forester grass clumps, 3 grape lollipop phlox and 1 weeping white spruce. Area C would contain 2 weeping white spruce, 3 little lime hydrangea, 6 Karl Forester grass clumps and 5 river boulders. Area D will contain 1 wheeping white spruce, 3 grape lollipop phlox and 4 river boulders. The proposed landscaping will soften and enhance the site. 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. Right-of-way The site has been developed for years prior to the requirement for buffer yards. The proposal for a Conditional Use Permit brings about the requirement to comply with the landscaping requirements. The original front yard was purchased by the State of Nebraska in order to install the frontage road. That reduced the area available for landscaping. A 25’ buffer yard would significantly limit the ability of the lot to continue to be used for auto sales.  Vicinity Map E. 23rd Street General Area of Application February 1st, 2023 To: Jennifer Dam, Director of Planning Planning Commission, City Council, Mayor Spellerberg All interested parties RE: Request for Landscape Waiver Sid Dillon Chevrolet Approximately 2500 East 23rd Street Fremont, Nebraska Jennifer, On behalf of SCD, LLC, I am requesting a landscape waiver at their present location approximately 2500 East 23rd Street known as Sid Dillon Chevrolet car lot South of the main building. Sid Dillon Chevrolet is proposing to alter the bufferyard requirements along East 23rd street. Street frontage capacity for vehicles are imperative to the automobile dealership. Moving the existing display vehicles farther North to create the standard bufferyard depth would reduce the width of the existing parking lot drive between the vehicles and the showroom. That drive is heavily used by car transports, delivery trucks, employees, and the ingress/egress of large fleet truck sales. For safety reasons, it is imperative to keep the range of vision as large as possible. The waiver request acknowledges the importance of landscape while recognizing the existing use of the property by adding professionally designed focused landscape areas in lieu of the standard bufferyard. These focused areas will add aesthetic improvements to the city entrance beyond the requirements of a traditional bufferyard. I appreciate your consideration. Please reach out to me with any questions or concerns. Sincerely, Jerry Nelson, AIA 620 N. 48th Suite 102 • Lincoln, NE 68504 • (402) 467-4328 Email: jnelson@ailincoln.com • Visit us online at www.ailincoln.com  planning & Development 400 E. Military Ave. Fremont, NE 68025 Phone: 402-727-2636 N E 8 R A S I( A Fax: 402-727-2659 LANDSCAPE WAIVER APPLICATION FOR OFFICE USE ONLY Application Fee: $425 Legal Notification Fee: $75 Total Fees: $500 AIPPuCAINIT loll correspondence will be directed to the applicant) Name JQZIAIM`€ ,`'\,'i>ond -Ai&C¢'r~-Bc`7"d"Lj;;"LtATi„\/cj Phone i/O-Z 7'(-7 ~ L/;Zg T`_+ (;Ty2._{zsT . su..Le Address C7Z,o ,u` Fax City L! NLO[f i. _______ _ __________ ___ _________s:kf TkeLe Email '\"e`r>eAj a C?\~:(t'ncc7L/v', clc;L` \, PROPERTY CNINER (if not the same as applicant above| Name SCT> L,-C, -C=,Dt>/ phone 4/a.'~ ~ 7Z,t ~ ZZ,33 Address t/\`f T7C> LA4LA,ti jj'4'"E~ City /iJ3]:/civ.i State /Ve_ • i \ (1 71, , i L1 ' ,`1 Email Sl.c`€-i-``'-=1, ENGINEER, SURVEYOR, OR ARCHITECT (irnof the scrme os app/r.ccrnr cibove) Name Address State Email AIGENT `if not the same as applicant above) /2./i,..- `Di``Let± |''ullLTct`tL= Phone i/a z_ - 7Z, t ~ 6 I /F Name \/o,,t / Address 8i'` /u <,~TJ± C5ii2j£=trT Fi|x Lr/i`iz-' ]z+ ~ 6/C|8 City i i2Sim c i` .T state /l/a- Emai| C}C~,'zlz\ LC' Vf`5 i LAuu i ;P/~\ , £o/Lr` / (continued on next page) Page 1 of 2  CITY 0F JE jia a i planning & Development 400 E. Military Ave. Fremont, NE 68025 Phone: 402-727-2636 NEBRASKA Fax: 402-727-2659 LANDSCAPE WAIVER APPLICATloN PROPERTY INFORMATloN Address of Property zfiao e, z777=D -sT-y2_¢sT=T5T- Ger\eral tocahiion (if no address is avajlable| Legal Description of Property 41,-t` '-c-`--~-^-,-- ` ,, `, I-s± `i`lt{ i,, /zl -.-,,- A A , r ` IL Descr.iptiion Of Request (the following does not satisfy the ``statement" requirement as described herein,. a sepqrate "statement" is required to be considered complete| L-Tu3X)_ F?>1/I -i/ „ e, 2J-,-€,(,,,' An application may be filed only by the owner(s) of the property, or duly authorized officer or agent of the owner(s). By executing this application, he/she does hereby acknowledge the above statements to be true and accurate to the best of their knowledge, and understand that knowing and willful falsification of information will result in rejection of the application and may be subject to criminal prosecution. I have received, read and understand the terms and conditions of this request, and agree to compliance with all applicable codes and ordinances of the City. /I =rf :'./r``_ ___ ; _ i/i:- \)E`#-A/VIIE= ;\:I/;'m|`, (.)'_ r)I /,,`]/, -, Signature Print Name Office Use Only Submittal Date Project NO. Payment Amount Receipt No. Other Comments Page 2 of 2  Staff Report TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: February 20, 2023 SUBJECT: Request to expand non-standard use at 2420 E. 23rd St. Recommendation: Recommend approval to City Council Background: This is a request to expand a non-standard use by allowing a canopy structure to be constructed to cover the cars in the parking lot along East 23rd St. at Sid Dillon Cadillac and Mazda. This request is associated with a request to waive a portion of the required landscaping on the site. A similar Conditional Use Permit and landscape waiver request have been submitted for Sid Dillon Chevrolet. The request is to construct a canopy structure similar to the ones along Luther Rd. Sid Dillon has also constructed similar canopy structures to cover their auto inventory in Lincoln, Wahoo and in Blair. The purpose of the canopy is to reduce the risk of hail damage to the vehicles and to provide a better shopping environment for their customers. The current parking lot is non-standard with respect to setbacks and landscaping. The proposed structure will be within the required setbacks. The applicant is requesting that the existing conditions with regard to parking be allowed to continue. The applicant is requesting a waiver of a Type C bufferyard in an associated action, but is proposing the addition of some landscaping. The property is zoned GC, General Commercial. Auto sales are a permitted use in the GC zoning district. The property is developed with 100 percent impervious surface. The proposed expansion will not increase the amount of impervious coverage. The drainage is designed to predominately flow to the grassy area and detention cell to the west, which is under the same ownership as this parcel. I was concerned about the aesthetics of the proposed canopy along 23rd Street- a primary corridor in Fremont. I had seen some smaller tent like canopies in Westminster, Colorado that were a smaller mass and provided some articulation. Images are attached of the Dillon canopies in Lincoln, Blair, and Fremont; the canopies that I saw in Westminster; and other options available for large tent like canopies. The applicant’s architect did look into the small canopies as well as larger options to evaluate their viability. The smaller canopies do not provide sufficient protection for a large inventory of cars. Additionally, they don’t provide the same degree of coverage for a few cars that the proposed large canopy will provide. The netting materials and the large tent like canopies do not provide full protection from hail as there are holes and gaps. The materials that other canopies are made of are subject to fading, tearing and would need to be replaced after several years. They do not allow for sufficient drainage of rain water- which tends to leak onto the cars. They are not as cost effective as the proposed structure. The aesthetics of the proposed structure seem no worse than the large tent-like options. 11-324-04 allows the granting of a Conditional Use Permit to expand a non-standard use provided that a decrease in the minimum requirements would not adversely affect the surrounding area and that the decrease is necessary to allow the structure to be enlarged, extended, structurally altered, converted, or reconstructed. • This will not adversely impact the surrounding area. The applicant is providing some additional landscaping that will soften the site and provide some additional pervious surface. 11-324-04 requires specific consideration of the effects on adjacent property, safety, traffic, or city utility service needs, the density of land use zoning for the subject property and adjacent property and the economic impact for the city. • The proposal will not negatively impact adjacent property, safety, traffic or service needs. The proposal is not impacting the density of land use. The proposed canopy will provide an economic benefit to the applicant and will increase the City’s tax base. The criteria established for approval in 11-316-05(B) are addressed below: • The proposed expansion will not undermine an adopted plan. • The proposed expansion is compatible with the surrounding land uses. • The conditional use will not use a disproportionate share of public services.  Vicinity Map General Area of Application E. 23rd Street Area Zoning General Area of Application Sid Dillon Lincoln at 27th & Pine Lake Sid Dillon Blair Sid Dillon Fremont- Luther Road Other options explored: Example of “tent” type covering in Westminster, Colorado Westminster Colorado Other “tent” type canopies Metal net cover  PROPERTY LINE WAIVE SETBACK 15' SIDE YARD SETBACK 20' REAR YARD SETBACK PROPERTY LINE PROPOSED CANOPY OPEN ALL SIDES EXISTING BUILDING SID DILLON CADILLAC EXISTING CURB EAST 23rd Ave PROPERTY LIN LANDSCAPE N PRELIMINARY DRAFT E NOT FOR CONSTRUCTION PROPOSED CANOPY OPEN ALL SIDES EXISTING BUILDING EXISTING CURB SID DILLON MAZDA 15' SIDE YARD SETBACK EAST 23rd STREET PROPERTY LINE 10' FRONT YAR LANDSCAPE ADMINISTRATIVE REPLAT D SETBACK SITE LAYOUT N SITE CONCEPT Project: 22-05094 Date: 01 FEB 2023 Revision Date: A1.0 February 1st, 2023 To: Jennifer Dam, Director of Planning Planning Commission, City Council, Mayor Spellerberg All interested parties RE: Request for Expansion of NonStandard Conditional Use Permit Sid Dillon Cadillac & Mazda Approximately 2420 East 23rd Street Fremont, Nebraska Jennifer, On behalf of CDLD, LLC, I am requesting an Expansion of NonStandard Conditional Use Permit per Unified Development Code (UDC) Section 11-324.04(D) at their present location approximately 2420 East 23rd Street known as Sid Dillon Cadillac & Sid Dillon Mazda car lot South of the main buildings. In addition, CDLC, LLC is requesting the reduction of the front yard setback to 10’ along East 23rd Street and the South 100’ of the West side yard setback to 0’. It is the intent of CDLC, LLC to administratively replat the East property line to comply with the zoning setbacks Sid Dillon Cadillac & Sid Dillon Mazda area proposing to construct two canopies over their existing sales lot as represented in the enclosed site plan drawings. Also enclosed are pictures of similar canopies built at the Sid Dillon Chevrolet East and North lots. The proposed canopies would provide several benefits. The employees and customers would benefit from rain, hail, and snow protection and the canopies would provide shade for a more pleasant experience in the summer. The Expansion of NonStandard Conditional Use Permit would recognize the existing paved sales area that was constructed prior to the adoption of the UDC. The expansion would include the proposed canopy. The canopy structure above paving and foundations would not encroach any easements. The existing paving portion of the structure would be allowed to remain as is. Code excerpts allowing the use permit: UDC Section 11-324-04 D. Expansion of Nonstandard Uses. Notwithstanding any provision contained in this UDC to the contrary, in all zoning districts, a conditional use permit may be granted to authorize (1) the enlargement, extension, 620 N. 48th Suite 102 • Lincoln, NE 68504 • (402) 467-4328 Email: jnelson@ailincoln.com • Visit us online at www.ailincoln.com structural alteration, conversion, or reconstruction of a building or structure located upon a premises with a nonstandard use; and/or (2) decreased minimum requirements upon a premises with a nonstandard use provided that the city council finds that such decrease in minimum requirements (i) would not adversely affect the surrounding area; and (ii) the decrease is necessary in order for a building or structure located upon a premises to practicably be enlarged, extended, structurally altered, converted, or reconstructed, o r such decrease is otherwise necessary to allow an existing premises to be subdivided. The conditional use permit shall be granted pursuant to the procedures set forth in Section 11-316.05(c) for conditional use permits and shall comply with the standards for conditional use permits set forth in Section 11- 316.05(B)(1-6). In consideration of applications for the conditional use permits under this Section 11-324.04(D), the following criteria shall be given specific consideration: 1. Effects on adjacent property, safety, traffic, city utility service needs; 2. Density of land use zoning for the subject property and adjacent property; and 3. Economic impact for the city. UDC Section 11-920 – Definitions of the UDC refers to Chapter 2 of the International Building Code Structure (see Chapter 2 Definitions, International Building Code, as amended from time to time) IBC Chapter 2 Definition: STRUCTURE. That which is built or constructed Per definition, the sales paving is considered a structure and therefore qualifies for Expansion of Non- Standard Use per section 11-324-04. Conditional items are met as follows: 1. Proposed canopy has no negative effects on adjacent property, safety, traffic, or city utility services. Sides are fully open thus not creating any blind spots and allowing egress from any location. The use has not changed or increased and as a result no additional traffic is being created. 2. Density of land use has not changed 3. Additional structure value will increase real estate taxes being paid to the City of Fremont. In addition, we will be vigilant during design and construction to maintain all existing pervious surfaces. I appreciate your consideration. Please reach out to me with any questions or concerns. Sincerely, Jerry Nelson, AIA 620 N. 48th Suite 102 • Lincoln, NE 68504 • (402) 467-4328 Email: jnelson@ailincoln.com • Visit us online at www.ailincoln.com  Staff Report TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: February 20, 2023 SUBJECT: Request to expand non-standard use at 2500 E. 23rd St. Recommendation: Recommend approval to City Council Background: This is a request to expand a non-standard use by allowing a canopy structure to be constructed to cover the cars in the parking lot along East 23rd St. at Sid Dillon Chevrolet. This request is associated with a request to waive a portion of the required landscaping on the site. A similar Conditional Use Permit and landscape waiver request have been submitted for Sid Dillon Cadillac and Mazda. The request is to construct a canopy structure similar to the ones along Luther Rd. Sid Dillon has also constructed similar canopy structures to cover their auto inventory in Lincoln, Wahoo and in Blair. The purpose of the canopy is to reduce the risk of hail damage to the vehicles and to provide a better shopping environment for their customers. The current parking lot is non-standard with respect to setbacks and landscaping. The proposed structure will be within the required setbacks. The applicant is requesting that the existing conditions with regard to parking be allowed to continue. The applicant is requesting a waiver of a Type C bufferyard in an associated action, but is proposing the addition of some landscaping. The property is zoned GC, General Commercial. Auto sales are a permitted use in the GC zoning district. The property is developed with 100 percent impervious surface. The proposed expansion will not increase the amount of impervious coverage. The drainage is designed to predominately flow to the grassy area and detention cell to the west, which is under the same ownership as this parcel. I was concerned about the aesthetics of the proposed canopy along 23rd Street- a primary corridor in Fremont. I had seen some smaller tent like canopies in Westminster, Colorado that were a smaller mass and provided some articulation. Images are attached of the Dillon canopies in Lincoln, Blair, and Fremont; the canopies that I saw in Westminster; and other options available for large tent like canopies. The applicant’s architect did look into the small canopies as well as larger options to evaluate their viability. The smaller canopies do not provide sufficient protection for a large inventory of cars. Additionally, they don’t provide the same degree of coverage for a few cars that the proposed large canopy will provide. The netting materials and the large tent like canopies do not provide full protection from hail as there are holes and gaps. The materials that other canopies are made of are subject to fading, tearing and would need to be replaced after several years. They do not allow for sufficient drainage of rain water- which tends to leak onto the cars. They are not as cost effective as the proposed structure. The aesthetics of the proposed structure seem no worse than the large tent-like options. 11-324-04 allows the granting of a Conditional Use Permit to expand a non-standard use provided that a decrease in the minimum requirements would not adversely affect the surrounding area and that the decrease is necessary to allow the structure to be enlarged, extended, structurally altered, converted, or reconstructed. • This will not adversely impact the surrounding area. The applicant is providing some additional landscaping that will soften the site and provide some additional pervious surface. 11-324-04 requires specific consideration of the effects on adjacent property, safety, traffic, or city utility service needs, the density of land use zoning for the subject property and adjacent property and the economic impact for the city. • The proposal will not negatively impact adjacent property, safety, traffic or service needs. The proposal is not impacting the density of land use. The proposed canopy will provide an economic benefit to the applicant and will increase the City’s tax base. The criteria established for approval in 11-316-05(B) are addressed below: • The proposed expansion will not undermine an adopted plan. • The proposed expansion is compatible with the surrounding land uses. • The conditional use will not use a disproportionate share of public services.  Vicinity Map E. 23rd Street General Area of Application Area Zoning General Area of Application Sid Dillon Lincoln at 27th & Pine Lake Sid Dillon Blair Sid Dillon Fremont- Luther Road Other options explored: Example of “tent” type covering in Westminster, Colorado Westminster Colorado Other “tent” type canopies Metal net cover  EAST 23rd Ave N 10' FRONT YARD SETBACK EAST 23rd STREET PROPERTY LINE 15' SIDE YARD SETBACK LANDSCAPE PROPERTY LINE EXISTING BUILDING SID DILLON CHEVROLET PROPERTY LINE 20' REAR YARD SETBACK PROPOSED CANOPY OPEN ALL SIDES PRELIMINARY DRAFT NOT FOR CONSTRUCTION EXISTING CURB EXISTING CANOPY LANDSCAPE LANDSCAPE K 25' STREET YARD SETBAC PROPERTY LINE LANDSCAPE SITE LAYOUT NORTH LUTHER ROAD Project: 22-05094 Date: 01 FEB 2023 N SITE CONCEPT Revision Date: A1.0 February 1st, 2023 To: Jennifer Dam, Director of Planning Planning Commission, City Council, Mayor Spellerberg All interested parties RE: Request for Expansion of NonStandard Conditional Use Permit Sid Dillon Chevrolet Approximately 2500 East 23rd Street Fremont, Nebraska Jennifer, On behalf of SCD, LLC, I am requesting an Expansion of NonStandard Conditional Use Permit per Unified Development Code (UDC) Section 11-324.04(D) at their present location approximately 2500 East 23rd Street known as Sid Dillon Chevrolet car lot South of the main building. In addition, SCD, LLC is requesting the reduction of the front yard setback to 10’ along East 23rd Street. Sid Dillon Chevrolet is proposing to construct a canopy over their existing sales lot as represented in the enclosed site plan drawing. Also enclosed are pictures of similar canopies built at the Sid Dillon Chevrolet East and North lots. The proposed canopies would provide several benefits. The employees and customers would benefit from rain, hail, and snow protection and the canopies would provide shade for a more pleasant experience in the summer. The Expansion of NonStandard Conditional Use Permit would recognize the existing paved sales area that was constructed prior to the adoption of the UDC. The expansion would include the proposed canopy. The canopy structure above paving and foundations would not encroach any easements. The existing paving portion of the structure would be allowed to remain as is. Code excerpts allowing the use permit: UDC Section 11-324-04 D. Expansion of Nonstandard Uses. Notwithstanding any provision contained in this UDC to the contrary, in all zoning districts, a conditional use permit may be granted to authorize (1) the enlargement, extension, structural alteration, conversion, or reconstruction of a building or structure located upon a premises with a nonstandard use; and/or (2) decreased minimum requirements upon a premises with a nonstandard use 620 N. 48th Suite 102 • Lincoln, NE 68504 • (402) 467-4328 Email: jnelson@ailincoln.com • Visit us online at www.ailincoln.com provided that the city council finds that such decrease in minimum requirements (i) would not adversely affect the surrounding area; and (ii) the decrease is necessary in order for a building or structure located upon a premises to practicably be enlarged, extended, structurally altered, converted, or reconstructed, o r such decrease is otherwise necessary to allow an existing premises to be subdivided. The conditional use permit shall be granted pursuant to the procedures set forth in Section 11-316.05(c) for conditional use permits and shall comply with the standards for conditional use permits set forth in Section 11- 316.05(B)(1-6). In consideration of applications for the conditional use permits under this Section 11-324.04(D), the following criteria shall be given specific consideration: 1. Effects on adjacent property, safety, traffic, city utility service needs; 2. Density of land use zoning for the subject property and adjacent property; and 3. Economic impact for the city. UDC Section 11-920 – Definitions of the UDC refers to Chapter 2 of the International Building Code Structure (see Chapter 2 Definitions, International Building Code, as amended from time to time) IBC Chapter 2 Definition: STRUCTURE. That which is built or constructed Per definition, the sales paving is considered a structure and therefore qualifies for Expansion of Non- Standard Use per section 11-324-04. Conditional items are met as follows: 1. Proposed canopy has no negative effects on adjacent property, safety, traffic, or city utility services. Sides are fully open thus not creating any blind spots and allowing egress from any location. The use has not changed or increased and as a result no additional traffic is being created. 2. Density of land use has not changed 3. Additional structure value will increase real estate taxes being paid to the City of Fremont. In addition, we will be vigilant during design and construction to maintain all existing pervious surfaces. I appreciate your consideration. Please reach out to me with any questions or concerns. Sincerely, Jerry Nelson, AIA 620 N. 48th Suite 102 • Lincoln, NE 68504 • (402) 467-4328 Email: jnelson@ailincoln.com • Visit us online at www.ailincoln.com