Planning Commission

PLANNING COMMISSION MEETING MONDAY, August 21, 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 July 17, 2023 regular Planning Commission meeting minutes as prepared. 4. A request by Brian Wiese on behalf of Apple D Acres for a Change of Zone from R, Rural to LI, Light Industrial on property generally described as Tax Lot 101 generally located at the northeast corner of Prairie Rd. and Judy Rd., Dodge County, Nebraska. 5. A request by Brian Wiese on behalf of Apple D Acres for a Conditional Use Permit for a self- storage facility on property generally described as Tax Lot 101 generally located at the northeast corner of Prairie Rd. and Judy Rd., Dodge County, Nebraska. 6. A request by Myra Katherine Hale for a Conditional Use Permit for a Childcare Center on property located at 45 E 6th St. Continue until August 28th. 7. Update by Planning Director regarding timeline for UDC, Affordable Housing Plan and Urban Design planning for the area between Broad, D, Military and 8th Streets. 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 July 17, 2023 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, Landholm, Horeis, Nielsen and McKay were present. Commissioners, Carlson, Sawyer, Jaeger and Darling were absent. A quorum was established. Chairman Borisow read the item: Dispense with the reading of the minutes of the June 26, 2023 meeting. Commissioner Landholm made a motion to approve the minutes, Commissioner Horeis seconded the motion. By a roll call vote, Borisow, Landholm, Horeis, Nielsen and McKay voted in favor. Absent were Commissioners Carlson, Sawyer, Jaeger and Darling. The motion carried 5-0, 4 absent. Chairman Borisow read the item: A request by Robert Fields for a Planned Unit Development consisting of sixty attached single- family dwelling units on individual lots on property generally located west of South Howard at Donna Street. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After hearing from the public, Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the request with conditions detailed in the staff report, seconded by Commissioner Landholm. By a roll call vote, Borisow, Landholm, McKay, Neilsen and Horeis all voted in favor. Absent were Commissioners Carlson, Sawyer, Jaeger and Darling. Motion carried 5-0, 4 absent. Chairman Borisow read the item: A request by Robert Fields for a Preliminary Plat consisting of sixty residential lots and one outlot on property generally located west of South Howard at Donna Street. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After discussion, Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the request with conditions detailed in the staff report, seconded by Commissioner Horeis. By a roll call vote, Borisow, Horeis, Landholm, McKay, and Neilsen all voted in favor. Absent were Commissioners Jaeger, Carlson, Sawyer and Darling. Motion carried 5-0, 4 absent Chairman Borisow read the item: A request by Robert Fields for a Final Plat consisting of four lots generally located at the northwest corner of S. Howard and Donna Streets. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After no discussion, Chairman Borisow closed the public hearing. Commissioner Horeis made a motion to approve the request with conditions specified in the staff report, seconded by Commissioner Borisow. By a roll call vote, Landholm, McKay, Borisow, Neilsen and Horeis all voted in favor. Absent were Commissioners Sawyer, Carlson, Jaeger and Darling. Motion carried 5-0, 4 absent. Chairman Borisow read the item: A request by the City Administrator/Interim Director of Finance for a review and recommendation regarding the Capital Improvement Plan for the 2023-2024 and 2024-2025 fiscal years. Chairman Borisow opened the public hearing. After hearing discussion, Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the request, seconded by Commissioner Nielsen. By a roll call vote, Borisow, Horeis, Landholm, McKay, and Neilsen all voted in favor. Absent were Commissioners Jaeger, Carlson, Sawyer and Darling. Motion carried 5-0, 4 absent. Chairman Borisow read the item : A request by Brian Reilly on behalf of Fremont Mall, LLC to amend the 23rd & Bell Street Redevelopment Plan to identify a project to rehabilitate the Fremont Mall and to designate an Enhanced Employment area for the imposition of a two percent (2%) occupation tax on sales on property described as Lots 5 and 6, Rodamar Addition Replat 1; Lots 1 and 2 Rodamar Addition Replat 2 and generally located at the northwest corner of 23rd St. and Yager Rd. Commissioner Landholm made a motion to continue the request until complete information was submitted for review, seconded by Commissioner Nielsen. By a roll call vote, Landholm, McKay, Borisow, Neilsen and Horeis all voted in favor. Absent were Commissioners Sawyer, Carlson, Jaeger and Darling. Motion carried 5-0, 4 absent.. Motion carried 5-0, 4 absent. Chairman Borisow read the item: A request by Brian Reilly on behalf of Fremont Mall, LLC for a waiver of landscaping on property described as Lots 5 and 6, Rodamar Addition Replat 1; Lots 1 and 2 Rodamar Addition Replat 2 and generally located at the northwest corner of 23rd St. and Yager Rd. Commissioner Neilsen made a motion to continue the request until complete information was submitted for review, seconded by Commissioner Landholm. By a roll call vote, Landholm, McKay, Borisow, Neilsen and Horeis all voted in favor. Absent were Commissioners Sawyer, Carlson, Jaeger and Darling. Motion carried 5-0, 4 absent. Motion made by Commissioner Neilsen to adjourn the meeting. Seconded by Commissioner Landholm. By a roll call vote, Landholm, McKay, Borisow, Neilsen and Horeis all voted in favor. Absent were Commissioners Sawyer, Carlson, Jaeger and Darling. Motion carried 5-0, 4 absent. Meeting adjourned at approximately 5:55 pm. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: August 21, 2023 SUBJECT: Conditional Use Permit for Self-Storage Facility Recommendation: Approval Background: This is a request for a change of zone from R, Rural to LI, Light Industrial. It is associated with a request for a Conditional Use Permit for a Self-Storage Facility. The Land Use Plan in the Comprehensive Plan designates the future land use of this area as “Flex Commercial.” A “Flex Commercial” zoning district does not yet exist. LI, Light Industrial is compatible with the adjacent zoning and land uses. The proposed zoning is consistent with the Comprehensive Plan. The property is outside of the City limits. City water and sewer services are not immediately available. The property will be required to connect to these utilities as soon as they are available.  Vicinity Map General Area of Application  Surrounding Zoning General Area of Application  Land Use Plan General Area of Application  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: August 21, 2023 SUBJECT: Conditional Use Permit for Self-Storage Facility Recommendation: Approval with conditions specified in staff report Background: This is a request for a Conditional Use Permit for a Self-Storage Facility. It is associated with a request for a change of zone from R, Rural to LI, Light Industrial. The Land Use Plan in the Comprehensive Plan designates the future land use of this area as “Flex Commercial.” A “Flex Commercial” zoning district does not yet exist. LI, Light Industrial is compatible with the adjacent zoning and land uses. The proposed zoning is consistent with the Comprehensive Plan. The property is outside of the City limits. City water and sewer services are not immediately available. The property will be required to connect to these utilities as soon as they are available. The proposed master site plan shows two buildings with bays that can be used by contractors or as shops for hobbyists. An additional two building have large bays that eventually could be used as shops or large storage units. 10 buildings are shown for self-storage units. The contractor bays are permitted uses in the LI district. The storage units require the Conditional Use Permit The initial phase of the development would contain a detention basin, one contractor/hobbyist building and one self-storage building. The site contains 8.84 acres or 385,070.4 square feet. The maximum floor area ratio (FAR) in the LI district is .462. At buildout, a maximum of 177,902 square feet could be constructed. The phase 1 construction proposes 19,980 square feet on 127,159 square feet of the site generating a FAR of .157. The Phase 1 landscaping exceeds the minimum required. A C buffer yard is provided along Prairie Rd. and a Type A buffer is provided along Judy Rd. The remainder of the lot will be sodded or seeded. A landscape plan and the landscape ratio has not been provided for full build out. A 4:1 slope is proposed at the north and east sides of the property. The landscape plan should identify low maintenance plant materials that will help in securing the slope. Additionally, a Type C buffer yard is required to the north. The property is in an A0-2 flood plain- an area of low depth sheet flooding. Structures are required to be elevated 3 feet above the highest adjacent grade. Section 11-405.02.E.3.c requires adequate drainage paths be shown around structures to guide floodwaters around and away from proposed structures. The grading plan shows storm drainage to a detention basin on the interior of the site. The exterior of the site is graded to drain to the perimeter. Revisions are necessary to show the drainage paths away from abutting property. Drainage calculations have not been provided. Such calculations are necessary to show that the existing ditches can accommodate the flows; that the proposed grading will not cause stormwater to negatively impact the abutting properties to the north and east, and; that the curve in the drainage way at Prairie Rd and Judy Rd can accommodate the flows. The post development discharge rates from the property and detention basin cannot exceed pre-development discharge rates. The grading plan should be revised to show how the full site development will tie into the phase 1 grading. If the applicant intends to apply for a Letter of Map Revision based on Fill (LOMR- F), the requirements in FEMA Technical Bulletin 10 must be followed and certified by an engineer. This may require the entire site to be graded at once. An elevation certificate will be required with the flood plain permit documenting pre- and post- construction elevations. This will be contingent upon the City Council approving the Change of Zone. Staff recommends approval provided that the following conditions are met prior to scheduling on the Council agenda: 1. Provide a more detailed grading plan showing how the phases will be tied together and tie the proposed contours to existing contours. 2. Provide drainage calculations for Phase 1 and the full build-out demonstrating  that the ditches, culverts and detention basin are properly sized; that there will be no run-off impacting abutting properties greater than the pre-development conditions; and showing the drainage paths around the buildings. 3. Provide a landscape plan for the full build-out. 4. Identify how water and sanitary sewer services are to be provided. 5. Further identify how the access and driving aisles along Prairie Rd. will be accommodated. 6. Identify any fencing that is proposed. Vicinity Map General Area of Application  Surrounding Zoning General Area of Application  Land Use Plan General Area of Application 400 East Military Avenue, Fremont, NE 68025-5141 MEMORANDUM TO: Planning Commission From: Jennifer Dam, Planning Director Date: August 21, 2023 RE: Project Update The following is an update on the tentative timelines for the review of the updated UDC, the Affordable Housing Plan and Design Guidelines for the area between Broad, D, Military and 8th Streets. UDC I have continued to edit and revise the chapters of the draft UDC, particularly: • Subdivision Regulations o I have met with several surveyors, title abstractors and the Register of Deeds regarding standards for plat naming, dedication language, and signature blocks. The standards will be incorporated in the revisions to the subdivision section of the UDC. o I have been meeting with members of the Utility Departments and the Public Works director to incorporate standard requirements for preliminary, final and administrative plats. The intent is to incorporate clear requirements and expectations for the submission of applications and associated plans and documents.  Once the draft has been finalized I will schedule a meeting with developers, engineers, surveyors and other interested parties to review the draft and take comments prior to forwarding a final “staff revision” to Houseal-Lavigne. o I am working on a “guide to development” that will be a supplement to help guide applicants through the development process. • Signs: o I have been asked by the Mayor to develop a proposal that would allow Billboards and Electronically Changeable Message Billboards in certain areas. o I am revising the draft sign requirements/ allowances based on our previous meetings. Planning Department • Phone: 402-727-2641 • Fax: 402-727-2659  • Definitions and Land Uses o I have made many changes as I have reviewed the land use tables and definitions to ensure consistency and clarity. • I have been incorporating the changes recommended by the Planning subcommittee • Anticipated Timeline: o Final edits/ revisions to Jackie by end of August o Houseal-Lavigne returns updated draft UDC to me September 25 to share with Planning Commission and public  Interim comments to Jackie by October 13 o Public Open house and Planning Commission/ City Council Presentation October 24/25 o Planning Commission review and make recommendation to City Council November 20 o Jackie to incorporate any revisions recommended by Planning Commission and return by December 1 o December 12 First Reading of the UDC by City Council o January 9 Second Reading of UDC o January ? Special meeting- Final Reading or continued review? o February ? UDC takes effect Affordable Housing Action Plan The State Legislature required under LB 866 that First Class communities prepare an Affordable Housing Action Plan and submit it to the Urban Affairs Committee by the end of 2023. We have retained RDG to prepare the plan for us. • Anticipated Timeline: o Listening Sessions with special interest groups September 19/21 and potentially week of October 1 o Listening Session with PC (and hopefully CC) after regular PC meeting September 18 o Present draft plan to Dodge County Housing Task Force Week of November 6 o Present to Planning Commission for Approval November 20 o Present to Council for Approval November 28 or December 12. Design Guidelines for Blocks Bounded by Broad, D, Military and 8th Streets The Comprehensive Plan identified areas on the north side of Military for a potential Catalyst site for the development of a new police station and other potential new private developments. We have retained AO* to help create a vision for the area that will be supported by design guidelines. The consultants have been working with a group to facilitate ideas and develop design concepts. It is anticipated that the guidelines and conceptual plan will be before the: • Planning Commission for review October 16th • City Council October 31. Future Training I have included funds in my budget for the 2023-2024 fiscal year to provide training for the Planning Commission and Board of Adjustment. I anticipate that the Planning Commission training will provide the following: • An overview of the Nebraska enabling legislation and roles/responsibility of the Planning Commission • The relationship between the Comprehensive Plan and zoning • Subdivisions and the relationship to the Comprehensive Plan and zoning • Flood Plain regulations What else are you interested in learning more about? Are week nights or weekends better for training sessions? I would like to keep the sessions to 2 hours or less, although we might need more time to review the relationships between the Comprehensive Plan, Zoning and Subdivisions.