Planning Commission
Regular MeetingFremont, NE · September 18, 2023
Agenda
PLANNING COMMISSION
MONDAY, SEPTEMBER 18H, 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 September 7, 2023 Special Planning
Commission meeting minutes as prepared.
4. A request by Christy Borgeois for a Conditional Use Permit to operate a cheerleading academy
(indoor recreation) on property generally located at 3303 N. Broad St.
5. A request by Tyler Petersen on behalf of Debora Carpenter, dba Subway, for a waiver of
landscaping on property located at the southwest corner of E. 23rd St. and Clarkson St.
6. A request by the Dodge County Highway Roads Superintendent regarding relinquishment of
the south 300 feet of the vacated S. Jones Street right-of-way generally located at S. Jones
St, Proctor St and Old Highway 275.
7. 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.
8. 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.
9. A request by the Planning Director for changes to Sections 11-824 et seq. and 11-825 et seq.
of the Unified Development Code relating to off-premise directional signs and to off-premise
commercial electronic messaging signs.
10. 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
September 7, 2023 Special Meeting
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, Carlson, Darling and McKay were present. Commissioners Jaeger,
Nielsen and Sawyer were absent. A quorum was established.
Chairman Borisow read the item: Dispense with the reading of the minutes of the August
217, 2023, meeting. Commissioner Darling made a motion to approve the minutes,
Commissioner Landholm seconded the motion. By a roll call vote, Borisow, Landholm,
Horeis, Carlson, Darling and McKay all voted in favor. Absent were Commissioners
Jaeger, Sawyer and Nielsen. The motion carried 6-0, 3 absent.
Chairman Borisow read the item: Chairman Borisow read the item: A request by Myra
Katherine Hale for a Conditional Use Permit for a Childcare Center on property located
at 445 E 6th St. Commissioner Borisow made a motion to approve the request, seconded
by Commissioner McKay. By a roll call vote, Borisow, Landholm, Horeis, Carlson, Darling
and McKay all voted in favor. Absent were Commissioners Jaeger, Nielsen and Sawyer.
The motion carried 6-0, 3 absent.
Motion made by Commissioner Landholm to adjourn the meeting. Seconded by
Commissioner McKay. By a roll call vote, Borisow, Landholm, Horeis, Carlson, Darling
and McKay all voted in favor. Absent were Commissioners Jaeger, Nielsen and Sawyer.
The motion carried 6-0, 3 absent.
Meeting adjourned at approximately 5:08 pm.
APPROVED
_____________________________________
Jarod Borisow, Chairman
ATTEST
________________________________
Jennifer Dam, Director of Planning
Staff Report
TO: Planning Commission
FROM: Jennifer Dam, Planning Director
DATE: September 18, 2023
SUBJECT: Conditional Use Permit for Indoor Recreation (Cheerleading)
Recommendation: Approval
Background
Christy Borgeois is requesting a Conditional Use Permit to operate a cheerleading academy
(indoor recreation) at property generally located at 3303 N. Broad Street.
The parcel is zoned LI, Light Industrial. The properties to the north and south are also zoned
LI, Light Industrial and developed with light industrial uses. The property to the east is zoned
GI, General Industrial and is developed with heavy industrial uses. The property to the west is
zoned SR, Suburban Residential and is developed with a golf course.
Section 11-504.02.N of the Unified Development Code sets out the following standards for a
Conditional Use Permit for Indoor Recreational facilities:
Indoor Recreation facilities are permitted if it is demonstrated that:
1. They are located greater than 300 feet from any residential, GI or AV district
boundaries, as measured from the boundary lines nearest each other, unless
separated from such district by a type C bufferyard or a collector or arterial
roadway;
2. Primary access to the site is from a collector or arterial roadway;
3. 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;
and
4. The use operates in accordance with all other applicable federal, state, and local
laws and, if additional permits are required, such permits were obtained prior to
beginning operation.
The property is not zoned GI or AV.
Access to the site is from an arterial roadway.
This will have little impact on the abutting properties as the hours of operation are primarily
evenings and weekends.
There are no other permits required for operation.
Zoning Map
General Area
of Request
Vicinity Map
General
Area of
Application
Staff Report
TO: Planning Commission
FROM: Jennifer Dam, Planning Director
DATE: September 18 2023
SUBJECT: Waiver of required landscaping
Recommendation: Continue until the October 16, 2023 Planning Commission meeting to
allow the applicant to provide a specific landscape plan proposal.
Background
This is a request by Tyler Petersen on behalf of Debora Carpenter for approval of a special
exception to waive required landscaping at the Subway located at the southwest corner of E
23rd and N. Clarkson Streets.
Subway has received a building permit for a complete remodel and expansion.
The current assessed value of the building is $174,131 and the value of the improvements is
$511,192. Thus, the investment represents a substantial improvement of over 60% of the
value of the structures which is required to fully comply with all provisions of the UDC (Table
11-325.02).
There is no landscaping on the site today.
The applicant is suggesting that they be allowed to install shrubs instead of trees. However,
they have not provided a specific landscape plan.
The building has a “parking floor area” of 459 square feet, which requires 5 parking stall.
Some of the parking could be removed to provide landscape 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 decades prior to the requirement for landscaping. However, a
specific alternate plan has not been provided.
Vicinity Map
E. 23rd Street
N. Clarkson St.
General Area of Application
Staff Report
TO: Planning Commission
FROM: Jennifer Dam, Planning Director
DATE: September 18 2023
SUBJECT: Relinquishment of vacated Jones Street to abutting property owners
Recommendation: Approval
Background
The County Zoninig Administrator has requested the Planning Commission and City Council to review and make
a recommendation to the County Board regarding the relinquishment of the vacated portion of Jones Street,
south of Morningside Road.
The street was vacated by the County at some point in the past.
The abutting property owners would like to purchase the property.
The south portion of Jones Street will remain open to Old Highway 275.
The Public Works director does not obnect.
The Comprehensive Plan and Long Range Transportation Plan do not show any projects that would have an
impact on the relinquisment of the property.
Staff Report
TO: Planning Commission
FROM: Jennifer Dam, Planning Director
DATE: September 18, 2023
SUBJECT: Amendment to 23rd & Bell Redevelopment Plan
Recommendation: Finding that the Redevelopment Plan is in conformance with the
Comprehensive Plan
Background
This is a request by Brian Reilly on behalf of Fremont Mall, LLC for an amendment to the 23rd
and Bell St. Redevelopment Plan to designate the Fremont Mall as an Enhanced Employment
Area.
The area was declared blighted and substandard in 2014.
This request is associated with a request for approval of a special exception to waive required
landscaping at the Fremont Mall located at the northwest corner of E. 23rd St. and N. Yager
Rd. The applicant does propose to install some landscaping, but not the amount required by
the UDC.
The mall proposes an investment of over fourteen million dollars ($14,000,000) to rehabilitate
the mall, the parking lot and for promotion and management. Of that, over twelve million
dollars ($12,000,000) will be directly invested in the improvements to the buildings. To
accomplish this, they are requesting that the area be designated as an Enhanced Employment
Area in order to impose a 2% occupation tax (sales tax) to fund $6,500,000 of the
improvements.
The 2022 Fremont Comprehensive Plan designates this area for targeted reinvestment. The
plan states on page 46:
“The existing development pattern is auto-oriented with buildings in the back of lots and
parking located adjacent to rights-of-way. Although Fremont residents access this area
by car, it is difficult to safely navigate on foot and several properties feature large
parking lots with little vegetation, further detracting from the pedestrian experience. The
City should consider constructing sidewalks along both sides of the roadway, requiring
all development to include walkways that connect sidewalks to building
entrances…Heightened landscaping requirements such as treed islands within parking
lots, landscaped building perimeters should also be considered. The Fremont Mall,
along E 23rd Street north of Bell Street, poses a redevelopment opportunity.” (emphasis
added.)
The proposed landscape plan for the mall includes treed islands in the parking lot, a
landscaped pedestrian walkway from 23rd Street to the mall entrance and a sidewalk
connection to Yager Road.
The following action items from the Comprehensive Plan are addressed by the redevelopment
proposal:
39. Focus commercial reinvestment in areas with deteriorating physical conditions and
with greater vacancy rates, including Downtown, . 23rd Street, N. Bell Street, and S.
Broad Street and W. Military Avenue.
49. Promote internal pedestrian access on sites with commercial, mixed and multi-
family uses, including pedestrian walkways.
50. Require parking lot landscaping, treed islands within parking lots, perimeter parking
lot screening, and the provision of vegetation on nonresidential and multi-family sites to
control stormwater and enhance appearances.
The Fremont Mall contains 231,846 square feet. Currently 33,1144 square feet are vacant or
have temporary tenants, or 14%. The mall intends to make improvements that will attract
additional retail tenants and increase retail sales.
The mall is committing to demolish the USA Steak Buffet building if it is not leased by June 30,
2024.
The mall is committing to cooperate with the City to find a solution that enhances the flow of
traffic along Yager and Bell Streets.
Section 18-2116 of Nebraska Revised Statutes requires that an investment within an
enhanced employment area must result in ten (10) new employees and a new investment of at
least $500,000 in counties with fewer than fifty-thousand (50,000) inhabitants. Dodge County
was estimated to have 37,103 residents in 2021 by the U.S. Census Bureau.
Section 18-2142.04 of Nebraska Revised Statutes allows a redeveloper to use an occupation
tax to pay for one or more of the following purposes in an Enhanced Employment Area:
(i) The acquisition, construction, maintenance, and operation of public offstreet parking
facilities for the benefit of the enhanced employment area;
(ii) Improvement of any public place or facility in the enhanced employment area,
including landscaping, physical improvements for decoration or security purposes, and
plantings;
(iii) Construction or installation of pedestrian shopping malls or plazas, sidewalks or
moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting,
benches or other seating furniture, sculptures, trash receptacles, shelters, fountains,
skywalks, and pedestrian and vehicular overpasses and underpasses, and any useful or
necessary public improvements;
(iv) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing
parking lots or parking garages, both above and below ground, or other facilities for the
parking of vehicles, including the power to install such facilities in public areas, whether
such areas are owned in fee or by easement, in the enhanced employment area;
(v) Creation and implementation of a plan for improving the general architectural design
of public areas in the enhanced employment area;
(vi) The development of any public activities and promotion of public events, including
the management, promotion, and advocacy of retail trade activities or other promotional
activities, in the enhanced employment area;
(vii) Maintenance, repair, and reconstruction of any improvements or facilities
authorized by the Community Development Law;
(viii) Any other project or undertaking for the betterment of the public facilities in the
enhanced employment area, whether the project is capital or noncapital in nature;
(ix) Enforcement of parking regulations and the provision of security within the
enhanced employment area; or
(x) Employing or contracting for personnel, including administrators for any
improvement program under the Community Development Law, and providing for any
service as may be necessary or proper to carry out the purposes of the Community
Development Law;
Vicinity Map
N Yager Rd
E. 23rd Street
General Area of Application
Legend of Symbols & Abbreviations
SURVEY CERTIFICATION ZONING AND SETBACK INFORMATION TOTAL AREA Gas Power_Pole
drawn by
1,626,175 Square Feet Found Iron_Pin
Per zoning letter Dated January 26, 2015, the surveyed Light_Pole
M - Measured Distance jwc
To Protective Life Insurance Company, a Tennessee corportation, its successors and/or assigns property is zoned CC - Community Commercial Zoning or Manhole R- Recorded Distance
as their interest may appear; Freemont Mall, LLC, a Nebraska limited liability company; Old District with a PD - Planned Unit Development
Republic National Title Insurance Company; and Nebraska Title Company 37.33 Acres more or less
Electric Hydrant/PIV work completed by
Water Valve
All setbacks are City Approved in a Planned Unit Development Generator jlc/ms
Bollard
This is to certify that this map or plat and the survey on which it is based were made in accordance Telephone Box
with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly
established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 6(a), 6(b), 7(a), 7(b)(1), 7(c), PARKING INFORMATION Flag Pole
8, 9, 10(a), 11(a), 13, 16, 17, 18, 19, 20(a) and 22 of Table A thereof. The field work was completed
file name
1 stall per 200 sq ft of building space = 1288 required X X Fence Line AC15421
on March 30, 2015
1 handicap stall per 50 regular stalls = 26 required Adjacent property lot lines
0' 80' 160'
Lot lines
Parking requirements were shown on a survey completed SCALE: 1" = 80'
by Louis Surveying dated July 29, 2004. - Requirements
____________________________________ may have been adjusted per a Planned Unit Development
CLARENCE ROGER CARRELL approval.
REGISTRATION NO: 306
STATE OF NEBRASKA Parking Count
Survey Date: MARCH 31, 2015 Regular Stalls - 1034
Revised: APRIL 1, 2015 Handicap Stalls - 32
Total Stalls - 1066
STATEMENT OF APPARENT ENCROACHMENTS:
NONE
FLOOD NOTE:
THIS PROPERTY IS IN ZONE X OF THE FLOOD INSURANCE
RATE MAP, COMMUNITY PANEL NO 31053C0405 E, DATED JANUARY
2, 2008. NO FIELD SURVEYING WAS PERFORMED TO DETERMINE
THIS ZONE AND AN ELEVATION CERTIFICATE MAY BE NEEDED TO VERIFY
THIS DETERMINATION OR APPLY FOR VARIANCE FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
SURVEY NOTES:
SN1 - This survey was made in accordance with laws and/or Minimum Standards of
the State of Nebraska.
SN2 - The property described hereon (the "Property") is the same as the property
described in Nebraska Title Company, acting as an Agent for Old Republic National
Title Insurance Company, Commitment No. 0261196 with an effective date of March
26, 2015 and that all easements, covenants and restrictions referenced in said title
commitment or apparent from a physical inspection of the Property or otherwise
known to me have been plotted hereon or otherwise noted as to their effect on the
Property.
SN3 - All utilities serving the Property enter through adjoining public streets and/or
easements of record.
SN4 - There are no encroachments onto adjoining premises, streets or alleys by any
buildings, structures or other improvements located on the Property, and no encroachments
onto the Property by buildings, structures or other improvements situated on adjoining
premises.
SN5 - The Property has direct access to 23rd Street (US Highway #30) and Yager Road,
both being a dedicated public street or highway
SN6 - The total number of striped parking spaces on the Property is 1066, including
1034 regular stalls and 32 designated handicap spaces, and to the extent possible,
are graphically shown hereon.
SN7 - Table A Item 16 -There was no observed evidence of current earth moving work,
building construction or building additions at the Property
SN8 - Table A Item 17 - There are no proposed changes in street right of way lines affecting
the Property, according to the City of Fremont Planning Department
SN9 - Table A Item 17 - There was no observed evidence of recent street or sidewalk
construction or repairs affecting the Property.
SN10 - Table A Item 18 - There was no observed evidence of use of the Property as a solid
ALTA SURVEY
waste dump, sump or sanitary landfill
FREMONT MALL
SN11- Table A - Item 10(a) - Party/Division walls as shown on drawing
SN12 - All storm drainage is directly into public right-of-way or storm inlets located on
surveyed property. Subject property does not depend upon or cross over any other
property for drainage purposes.
SPECIAL EXCEPTION NOTES
Per Commitment for Title Insurance, File No. 0261196, Dated March 24, 2015 at 8:00 AM,
Prepared by Nebraska Title Company
a-h: NOT SURVEY MATTERS
i. Easement for Electric Power Line granted to the Department of Utilities of the City of
Fremont, Dodge County, Nebraska, recorded July 5, 1966 in Book 2, Page 117; records
of Dodge County, Nebraska. - AFFECTS PROPERTY AS SHOWN
j. Easement recorded July 13, 1970 in Book 5, Page 612; records of Dodge County,
Nebraska.- AFFECTS PROPERTY AS SHOWN
k-q: NOT SURVEY MATTERS
r. Easements and restrictions reserved and shown in the Plat and Dedication of Rodamar
Addition Replat 1, recorded May 31, 2007 in Book 2007, Page 3376; records of Dodge
County, Nebraska. - AFFECTS PROPERTY AS SHOWN
s: NOT A SURVEY MATTER
t. Easements and restrictions reserved and shown in the Plat and Dedication of Rodamar job number
Addition Replat 2, recorded March 23, 2015 as Inst. No. 201501231; records of Dodge
County, Nebraska. - AFFECTS PROPERTY AS SHOWN
AC 15421
date
MARCH 31, 2015
revised
LEGAL DESCRIPTION JANUARY 26, 2023
Lots Five (5), Six (6) and Seven (7), Rodamar Addition Replat 1, City of Fremont,
Dodge County, Nebraska.
Lots One (1) and Two (2) Rodamar Addition Replat 2, City of Fremont, Dodge County, Nebraska.
sheet
1 OF 1
CITY OF FREMONT
AMENDMENT TO THE 23RD AND BELL
REDEVELOPMENT PLAN
PROVIDING FOR THE
FREMONT MALL REHABILITATION
INCLUDING REQUEST FOR
DESIGNATION AS AN ENHANCED EMPLOYMENT AREA AND IMPOSITION OF A
TWO PERCENT OCCUPATION TAX ON SALES
I. INTRODUCTION.
The City of Fremont, Nebraska, recognizes that blight is a threat to the continued stability
and vitality of the City as a focal point of business, financial, social, cultural and civic activity of
the region, and a focus of community pride and achievement. Therefore, the City has initiated a
program of revitalization whose goal is to enhance the City of Fremont as the center of government
in the county-wide region; as the center of retail, business, industry, office, financial and
entertainment activities for the community. To reach this goal of maintaining the City of Fremont
as a multi-use center of the region, it will be necessary that the 23rd and Bell Redevelopment Plan
be amended to provide for the redevelopment of the Fremont Mall which is vital to increasing
private market activity within the region. This area constitutes a critical portion of the community
located on a major thoroughfare. This plan seeks to enhance the Fremont Mall by assisting in site
rehabilitation in order to attract new tenants and generate increased retail activity. The level of
investment to finance the needed site rehabilitation will require a combination of public initiative
programs with private investment and risk.
This Redevelopment Plan covers a portion of the area north of U.S. Highway 30 and west
of North Yeager Road which is legally described and shown on Exhibit “A”, attached hereto and
incorporated herein by this reference (“Community Redevelopment Area”). The Community
Redevelopment Area was declared blighted and substandard by the Fremont City Council pursuant
to the Nebraska Community Development Law. The Community Redevelopment Area has been
determined, through the blight and substandard resolution, to be in need of revitalization and
strengthening to ensure that it will contribute to the economic and social well-being of the City.
This redevelopment plan amendment specifically excludes the portion of the Fremont Mall
occupied by the HyVee grocery store and HyVee convenience store.
To encourage private investment in the Community Redevelopment Area, this
Redevelopment Plan has been prepared to set forth the Fremont Mall Rehabilitation
Redevelopment Project (“Redevelopment Project”), which is considered to be of the highest
priority in accomplishing the goal of revitalizing and strengthening the Community
Redevelopment Area.
II. EXISTING SITUATION.
This section of the Redevelopment Plan examines the existing conditions within the
designated Community Redevelopment Area. This section is divided into the following
subsections: existing land use, existing zoning, existing public improvements, and existing
building condition/blighting influences.
A. Existing Land Use. The Community Redevelopment Area contains a portion of a
retail mall. The mall consists of approximately 231,846 square feet in the main building and
additional buildings on out lots. There is a substantial vacancy in the mall of approximately 33114
square feet as of August, 2023, with a proposed absorption of most of the remaining 33,114 square
feet with a possible new tenant. An additional 21,589 square feet is occupied with reduced rents.
The rent reduction was made in order to retain the tenants. This occupancy decline has followed
a national trend and occurred in the last 5 years. A depiction of the Redevelopment Area and the
vacancy is shown on Exhibit “B-1” and “B-2” respectively.
B. Existing Zoning. The Community Redevelopment Area is zoned GC, General
Commercial with a Planned Unit Development. The intent of the district is to provide for an area
for a unified commercial center which provides goods and services to a regional trade area. Some
of the permitted uses include retail stores.
C. Existing Public Improvements.
1. Street System. There is no internal street network or system constructed
within the Community Redevelopment Area. There are however driving lanes in the parking
areas with public access, including north-south access from N. Bell Street into the property and east-west access
to Yager Rd. The only sidewalks that exist on the site are those adjacent to the front of the mall.
. Highway 30 (23rd Street) adjoins the Redevelopment Area on the south and North Yeager Road
adjoins the Area on the east
2. Utilities. Existing public utilities are available in the Redevelopment Area.
D. Existing Building Conditions/Blighting Influences. The Fremont Mall has suffered
significant declines in retail occupancy, similar to many malls in the country with a movement to
online purchasing. Today approximately 30% of the mall is vacant, though a new tenant is nearing
occupancy that will improve this situation. Estimated retail sales in the mall have declined from
$17,922,151 in 2015 to less than an estimated $7,120,000 in 2020. It is further estimated that City
sales tax generated at the mall has declined from $268,000 in 2015 to less than $107,000 in 2020.
The current layout of the mall is obsolete for recruiting new tenants. Significant revision, repair
and replacement will be required to update the mall to entice today’s buying public to re-engage
in local retail shopping. The mall continues to lose retail tenants. Although the Mall has attracted
Dunhams Sporting Goods store, the cost to repair and repurpose the remainder of the mall for new
tenants, combined with the significantly reduced rents demanded by the few retail prospects
prohibits redevelopment without assistance.
III. FUTURE SITUATION.
This section of the Redevelopment Plan examines the future conditions within the
Community Redevelopment Area. This section is divided into the following subsections:
A. Proposed Land Use Plan
B. Conformance with the Comprehensive Plan; Conformance with the Community
Development Law Declarations
C. Relationship to Local Objectives
D. Building Requirements and Standards after Redevelopment
E. Proposed Changes and Actions
F. Enhanced Employment Declaration
G. Proposed Cost and Financing
A. Proposed Land Use Plan. No changes are contemplated in the current Land Use
Plan for the area. The Redevelopment Project will primarily provide for site rehabilitation,
repairs to and repurposing of the retail facility, and enhancements to the mall entrance to attract
new tenants.
The Agency will negotiate a specific redevelopment agreement with the Developer
outlining the proposed Redevelopment Project, In such case the written redevelopment agreement
would include specific funding arrangements, and specific covenants and responsibilities of the
City, Agency and the Redeveloper to implement the Redevelopment Project.
B. Conformance with the Comprehensive Plan; Conformance with the Community
Development Law Declarations. In accordance with Nebraska State Law, the Redevelopment Plan
described in this document has been designed to conform to the City of Fremont General Plan
2030 (“Comp Plan”) adopted October 4, 2022. The City Council finds that this redevelopment
plan is feasible and in conformity with the general plan for the development of the City as a whole
and the plan is in conformity with the legislative declarations and determinations set forth in the
Community Development Law.
This finding is documented as follows:
(1) The legislature has determined in Section 18-2102 of the Act, “that salvageable
substandard and blighted areas can be conserved and rehabilitated through appropriate
public action and the cooperation and voluntary action of the owners and tenants of
property in such areas.”
(2) The area encompassing the Fremont Mall has been determined to be blighted
and substandard by the Fremont City Council.
(3) This Redevelopment Plan Amendment demonstrates that public intervention is
necessary to rehabilitate the obsolete Redevelopment Area and will result in rehabilitation
as described in the Act.
(4) This Redevelopment Plan Amendment is consistent with the Comprehensive
Plan as it strengthens and supports the GC, General Commercial zoning designation by
improving the site and structures in a retail mall.
C. Relationship to Local Objectives. The Redevelopment Plan has been developed on
the basis of the goals, policies and actions adopted by the City for the community as a whole and
for the Fremont Mall area.
D. Building Requirements and Redevelopment Standards. The redevelopment of the
Community Redevelopment Area should generally achieve the following requirements and
standards:
1. Population Density. There are no dwelling units currently located within
the Community Redevelopment Area. The development proposed under this
Redevelopment Plan does not include any residential construction. Consequently, there
will be no change proposed for the permanent population density within the Community
Redevelopment Area.
Redevelopment of the Community Redevelopment Area will provide for
revitalization of the Mall and the site. Often an investment and improvement of the
magnitude proposed by this Plan has the benefit of spurring improvements in nearby
commercial areas.
2. Land Coverage and Building Density. The Redevelopment Area covers
approximately 178,106 square feet of the main mall building within the Community
Redevelopment Area with additional coverage on three out lot structures.
3. General Environment. This plan will rehabilitate a retail mall that has
suffered significant retail closings over the past 6 years. The vacation of the former JC
Penny’s space resulted in a huge loss of retail activity and sales tax revenue for the City.
Replacing this tenant and a tenant for the former Gordmans has been a substantial financial
drain on the owner. Additionally, the mall has suffered deferred maintenance due to loss
of revenue from the vacancies. When tenants are no longer present to pay common area
and maintenance costs the landlord bears a disproportionate amount of this cost, which is
never anticipated by an owner in the acquisition and ongoing operation of a mall. This
Redevelopment Plan Amendment when implemented will support increased commercial
activity and will intensify and strengthen Fremont as a focal point for local and regional
retail sales and development.
Implementation of this Plan will provide for the significant reinvestment in the Mall
with new tenant improvements, structural improvements, including the roof and HVAC
units, enhanced site landscaping, pedestrian circulation, parking lot renovation and
rehabilitation/demolition of a dilapidated structure. This activity is intended to increase
the amount and variety of activity in the Fremont Mall while maintaining good traffic flow,
pedestrian movement and visual interest.
Significant funds will be required to reconfigure retail space from time to time as
new tenants are located. Immediately, roof repair and HVAC repair and site and interior
enhancements are necessary.
4. Pedestrian ways and Open Spaces. Provide a pedestrian circulation system
to facilitate the movement of pedestrians to and within the major development activities
within the area. The proposed redevelopment will include the construction of a pedestrian
corridor from the sidewalk on 23td Street through the parking lot to the Mall. This will
significantly enhance pedestrian circulation and safety within the area.
5. Building Heights and Massing. Building heights and massing for the
proposed project comply with the GC, General Commercial zone. A new storefront
equivalent in height to the Dunham’s fascia would be constructed between Dunham’s and
the existing mall main entrance. Additional enhancements would include modifications to
the EIFS fascia of the mall, lighting and landscaping.
6. Circulation, Access and Parking. The Plan provides for vehicular access to
the Community Redevelopment Area in a manner consistent with the needs of the
development and the community. Enhancing the look and traffic flow of the mall is
planned. Since various constituencies (tenants, lenders, etc) have requirements for parking,
site changes etc, the Owner will work in conjunction with City Planning to enhance traffic
flow while limiting the impact on parking ratios and sight lines. The owner is also aware
of the need for enhanced flow of north and southbound traffic along Yeager and Bell and
is committed to cooperating with the city to find a solution that will improve this for the
betterment of the mall, its tenants and the city.
The Plan provides for an adequate supply of appropriately located parking in
accordance with applicable zoning district regulations. Adequate parking needs to be
provided so the development does not generate parking problems for abutting commercial
and residential streets.
7. Off-Street Loading, Service and Emergency Facilities. The Plan provides
consolidated off-street loading and service facilities.
The Plan provides for emergency vehicle access in a manner compatible with
established design and environmental objectives.
E. Proposed Changes and Actions. The Community Redevelopment Area is
anticipated to function as an upscale retail mall after significant investment through
implementation of an Enhanced Employment Area Occupation Tax and Developer capital
investment. This section describes the proposed changes needed, if any, to the zoning ordinances
or maps, street layouts, street levels or grades, and building codes and ordinances, and actions to
be taken to implement this Redevelopment Plan.
1. Zoning, Building Codes and Ordinances. The Community Redevelopment
Area is zoned GC with a Planned Unit Development. No additional changes to the City’s
Zoning Ordinances, Building Codes, or other local ordinances are contemplated to
implement this Redevelopment Plan.
2. Traffic Flow, Street Layout and Street Grades. The primary streets
providing access to the Community Redevelopment Area are 23rd Street (Highway 30) and
North Yager Road. No changes are planned for traffic flow or street grades, however the
Owner is committed to cooperating with the city on future traffic flow improvements noted
in Sec D 6 above.
3. Public Redevelopments, Improvements, Facilities, Utilities and
Rehabilitations. In order to support the uses in the Community Redevelopment Area, no
additional public redevelopments, improvements, facilities, utilities and rehabilitations will
be needed as noted in Sec D 4 above.
4. Site Preparation and Demolition. Site preparation will consist of demolition
and relocation of interior walls to resize tenant spaces and the re-facing of mall entrance as
noted in Sec D 5 above. .
5. Private Redevelopment, Improvements, Facilities and Rehabilitation. The
private improvements anticipated within the Community Redevelopment Area include site
preparation, repair of the roof, rehabilitation of the HVAC system, replacement of exterior
lights and required interior rehabilitation for tenant relocation to the Mall. In addition to
the sidewalks, landscaping, façade and parking improvements noted above, including areas
of resurfacing, restriping and repair, the Owner will commit to demolition of the USA
Steak Buffett building if it is not leased by June 30, 2024.
6. Open Spaces, Pedestrian ways, Landscaping, Lighting, Parking. The
proposed site plan and private sector improvements will comply with the City’s minimum
open space, pedestrian way, landscaping, lighting, and parking standards as defined in the
Zoning and Subdivision Ordinances, Building Codes, or other local ordinances. In
addition, the City may elect to require additional standards in these areas as described in a
written redevelopment agreement in order to help remove blight and substandard
conditions. The site was developed more than 50 years prior and bears many restrictions to
its flexibility for redevelopment. However, in coordination with City Planning the owner
will work to add landscaping and traffic flow improvements such as islands, a tree-lined
entry feature, sidewalks and pedestrian-access improvements.
F. Proposed Costs and Financing; Statements. The Agency will work with the
Redeveloper owner of the Community Redevelopment Area to identify proposed funding,
timeframe, ability to carry out the proposed Redevelopment Project, and what, if any, contributions
are necessary to be made by the Agency and the City of Fremont.
The Agency will begin good faith negotiating on a specific written redevelopment
agreement with the Redeveloper owner of the Community Redevelopment Area. The written
redevelopment agreement will include a site plan consistent with this Redevelopment Plan,
development descriptions, specific funding arrangements, and specific covenants and
responsibilities of the City and the Redeveloper to implement the Redevelopment Project.
Estimated Redevelopment Project costs, including site preparation, and rehabilitation are
broken down as follows:
POTENTIAL ELIGIBLE PRIVATE IMPROVEMENTS AND COSTS
Enhanced Employment Area (EEA) ELIGIBLE COSTS OVER EEA PERIOD
Roof repair $925,000
HVAC replace and repair 575,000
Rehabilitate vacant space for tenants (excluding Dunhams) 4,262,500
Rehabilitate restrooms 100,000
Mall entrance enhancement 175,000
Engineering/ architecture 165,000
Ongoing maintenance 6,000,000
Promotion and management 1,800,000
Parking lot rehabilitation $200,000
Landscaping $100,000
Total EEA Costs $14,302,500
Non EEA Costs provided by Developer
Rehabilitate vacant space for Dunhams (completed) $ 1,402,230
TOTAL EEA and PRIVATE IMPROVEMENTS $15,704,730
The figures above are estimates. Final figures are subject to a specific site plan, design
specifications, City approval and public procedures and regulations.
Fremont Mall, LLC, requests that the Community Development Agency declare the
Redevelopment Area, shown on attached Exhibit “A” as an Enhanced Employment Area under
the Community Development Law; that the City impose a 2.0% occupation tax on such area to
finance the payment of an Occupation Tax Bond issued by the Agency in the amount of
$6,500,000 Specific undertakings related to the Enhanced Employment Area and the Occupation
Tax are shown in Section IV below.
The Proposed EEA Improvements will exceed the amount of funds available from the
imposition of a 2.0% occupation tax rate. This Plan proposes that the Occupation Tax Bond be
purchased by the Developer to fund the required rehabilitation of the Fremont Mall. The balance
of private improvements shall be paid by the Developer.
This Redevelopment Plan does not contemplate the use of tax increment financing.
IV. ENHANCED EMPLOYMENT AREA DESIGNATION.
THE ENHANCED EMPLOYMENT AREA DESIGNATED BY THE AGENCY AS
ELIGIBLE FOR THE IMPOSITION OF AN OCCUPATION TAX TO PAY FOR
AUTHORIZED WORK WITHIN THE AREA IS DESCRIBED AS FOLLOWS:
Property Description (the “Enhanced Employment Area”)
This property is generally referred to as the Fremont Mall.
Legal Descriptions See attached Exhibit “A” for the legal description of the tract to be
declared as an Enhanced Employment Area
The Act provides the EEA authorized work within the Enhanced Employment Area means
the performance of any one or more of the following purposes:
(a) The acquisition, construction, maintenance, and operation of public off street parking facilities
for the benefit of the Enhanced Employment Area;
(b) Improvement of any public place or facility in the Enhanced Employment Area, including
landscaping, physical improvements for decoration or security purposes, and plantings;
(c) Construction or installation of pedestrian shopping malls or plazas, sidewalks or moving
sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating
furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular
overpasses and underpasses, and any useful or necessary public improvements;
(d) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking
lots or parking garages, both above and below ground, or other facilities for the parking of vehicles,
including the power to install such facilities in public areas, whether such areas are owned in fee
or by easement, in the Enhanced Employment Area;
(e) The development of any public activities and promotion of public events, including the
management, promotion, and advocacy of retail trade activities or other promotional activities, in
the enhanced employment area
(f) Maintenance, repair, and reconstruction of any improvements or facilities authorized by the
Community Development Law;
Redevelopment Plan to the Enhanced Employment Area Complies with the Act:
The Act requires that in connection with the approval of any redevelopment plan which includes
the designation of an enhanced employment area, the governing body may approve the
redevelopment plan if it determines that any new investment within such enhanced employment
area will result in at least ten new employees and new investment of five hundred thousand dollars
in counties with at least twenty five thousand inhabitants but fewer than fifty thousand inhabitants
This Plan meets these enhanced employment area statutory qualifications because (a) at project
stabilization employment for the new tenant in in the Enhanced Employment Area is expected to
increase by 20 full time equivalent employees and will include a mixture of part time, full time
and managerial positions, (b) the project in the Enhanced Employment Area includes estimated
new private sector investment of $2,589,874, and (c) as of the 2020 census, Dodge County’s
population was 36,222.
Levy of General Business Occupation Tax and Levy:
A City may levy a general business occupation tax upon the businesses and users of space within
an enhanced employment area for the purpose of paying all or any part of the costs and expenses
of any redevelopment project within such enhanced employment area. Any occupation tax
imposed pursuant to the Act shall make a reasonable classification of businesses, users of space,
or kinds of transactions for purposes of imposing such tax.
The businesses and their classification in the Enhanced Employment Area are as follows:
BUSINESS CLASSIFICATION
1 Apparel Clothing Retail
2. Hobby & Crafts Hobby & Craft Retail
3. Shoes Shoe Retail
4. Cosmetics Beauty Retail
5. Quick Serve Prepared Food Retail
6. Specialty Store Specialty Retail
7. Salon Service Retail
8. Restaurant Prepared Food Retail
9. Service/Fitness Service Retail
10. Fast Food Prepared Food Retail
11. Theatre/ entertainment Entertainment
12. Sporting Goods Sporting Goods Retail
13. Miscellaneous Retail Retail
14. Vehicle Repair Retail
No occupation tax shall be imposed on any business or transaction which is subject to tax under
section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602, or 77-4008 of the Act
or which is exempt from tax under section 77-2704.24 of the Act. Any such occupation tax agreed
to by the Agency and the City shall remain in effect so long as the Agency has bonds outstanding
which have been issued stating such occupation tax as an available source for payment.
The collection of a tax imposed pursuant to the Act shall be made and enforced in such a manner
as the governing body shall by ordinance determine to produce the required revenue. The
governing body may provide that failure to pay the tax imposed pursuant to this section shall
constitute a violation of the ordinance and subject the violator to a fine or other punishment as
provided by ordinance.
Undertaking by Fremont Mall, LLC.
The Developer undertakes to rehabilitate the Redevelopment Area and in so doing invest
more than $500,000 and create through new FTEs, (over current employment) more than 10 full
time equivalent jobs.
This Plan requests that:
The Community Development Agency declare the EEA Area as and Enhanced
Employment Aera under the Act;
The City impose an occupation tax, pursuant to Section 18-2142.02 of the Nebraska
Statutes, in the EEA area at the rate of a two percent (2.0%) on all sales that are taxable under the
Nebraska sales tax for purposes of paying the principal, interest and administrative costs of a bond
to be issued by the Fremont Community Development Agency;
The City and the Agency enter into a Redevelopment Agreement with the Redeveloper to
rehabilitate the Fremont Mall and provide for the issuance of an occupation tax bond by the Agency
in the amount of $6,500,000. The bond will be purchased by the Redeveloper and the bond
proceeds will be granted to the Redeveloper to pay for a portion of the mall rehabilitation,
maintenance and management.
EXHIBIT “A”
REDEVELOPMENT AREA
Lots Five (5), Six (6) and Seven (7), Rodamar Replat 1, City of Fremont, Dodge
County, Nebraska.
Lots One (1) and Two (2) Roadamar Addition Replat 2, City of Fremont, Dodge
County, Nebraska
EXHIBIT “B-1”
SURVEY OF REDEVELOPMENT AREA
EXHIBIT “B-2”
VACANCY
Fremont Mall Vacancy DP MGMT
2015 - 2020
Fremont Mall Vacancy DP MGMT
2021 - 2023
Staff Report
TO: Planning Commission
FROM: Jennifer Dam, Planning Director
DATE: September 18 2023
SUBJECT: Waiver of required landscaping
Recommendation: Approval of a special exception to waive required landscaping
conditioned upon installation of landscaping as shown on approved plan
Background
This is a request by Brian Reilly on behalf of Fremont Mall, LLC for approval of a special
exception to waive required landscaping at the Fremont Mall located at the northwest corner of
E. 23rd St. and N. Yager Rd.
This request is associated with a request for an amendment to the 23rd and Bell St.
Redevelopment Plan to designate the Fremont Mall as an Enhanced Employment Area for the
imposition of a 2% occupation tax to fund improvements to the property.
The mall proposes to invest over fourteen million dollars ($14,000,000) to rehabilitate the mall,
the parking lot and for promotion and management. Of that, over twelve million dollars
($12,000,000) will be directly invested in the improvements to the buildings.
The mall and the out-buildings included in the redevelopment plan are currently assessed at
$4.2 million. Thus, the investment represents a substantial improvement of over 60% of the
value of the structures which is required to fully comply with all provisions of the UDC (Table
11-325.02).
The mall is proposing to add some landscape islands at the end of parking rows, a landscaped
sidewalk that provides pedestrian access from 23rd Street to the mall, landscaping along N.
Yager Rd. and landscaped driving aisles at the north end of the “Bell Street” entrance.
While the proposed landscaping does not bring the properties into conformance with the
landscape requirements, it does provide buffering that advances the spirit of Section 11-800.
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 decades prior to the requirement for buffer yards. The
proposed landscaping is an incremental improvement to the existing site.
Vicinity Map
N Yager Rd
E. 23rd Street
General Area of Application
Staff Report
TO: Planning Commission
FROM: Jennifer Dam, Planning Director
DATE: September 18 2023
SUBJECT: Off Premises Electronic Messaging Signs and Off-Premisess Non-profit
Directional Signs
Recommendation: Approval of staff’s proposed amendment
Background
The UDC was adopted in October 2017 and took affect January 1, 2018. At that time all off-
premisess signs became non-permitted uses and no new off-premisess signs could be
constructed. Existing billboards and other off-premisess signs became non-conforming uses.
Off-premisess signs are those that advertise goods and services or contain messages that are
not related to a business or occupant on the property on which they are located.
Several individuals have expressed a desire for electronic changeable billboards along the
south bi-pass, Highway 275, Highway 30 between Highway 275 and Highway 77 north of town,
and north on Highway 77.
Some non-profit organizations have expressed a desire to construct directional signs to their
organization along the same highways.
At the request of the Mayor, staff developed language and met with the interested parties.
The regulations that were agreed upon at the meeting allow electronic changeable message
centers every 5,000 feet along the corridors, adjacent to property zoned GI, LI, PA and GC,
within 25 feet of the rights-of-way by Conditional Use Permit. The goal is to allow advertising
along the exterior highway corridors, but to also limit the number of new signs. No new static
off-premises advertising signs will be allowed.
The following language is proposed:
Sec. 11-825.04 Off-Premises Electronic Changeable Message Advertising Signs
A. Generally. This subsection sets out the location and districts in which off-premises electronic changeable
message (ECM) advertising signs may be permitted, and the size and height standards that apply to
them. New static off-premises advertising signs are not permitted.
B. Corridor. Off-Premises ECM signs may be permitted by Conditional Use Permit in the following areas:
1. Within twenty-five (25) feet of the following rights-of-way: Highway 77 south of Inglewood; the
Highway 77 south by-pass; on any side of the intersection of Highway 77 and Highway 30;
Highway 77 north of Highway 30; Highway 275; or on any side of the intersection of Highway 275
and Highway 30.
C. The underlying property shall be zoned LI, Light Industrial; GI, General Industrial; PA, Port Authority; or,
GC, General Commercial.
D. Signs shall be mounted on a monopole structure constructed of tubular steel.
E. No more than one sign face facing the same direction shall be permitted on a pole.
E. Sign faces facing the same direction shall be at least 5,000 feet from one another.
F. Sign faces facing opposite directions shall be on the same pole,
G. If an existing static off-premises advertising sign is modified, one side may be an ECM face and the other
may be an equal size static face.
H. Sign faces shall not be greater than fourteen (14’) feet tall by forty-eight (48) feet wide.
I. The total height of the sign and structure shall not exceed 40’ from the ground.
J. Signs shall meet all federal, state and local regulations.
K. Signs shall not be placed within 800 feet from property that contains a residential use, is zoned for
residential use, is shown for residential use on the Land Use Plan in the Comprehensive Plan, or property
that has a pending application for residential zoning.
The following is proposed for off-premises directional signs for non-profit entities:
Table 11-825.02.01.
Permissible Detached Sign Types
Rural, Residential, Campus/University, and Parks and Open Space Districts
District R SR AR UR MH CU PO
Detached Signs, Generally
Allowances Freestanding signs shall be limited to one per property held in single and
separate ownership except for a property that has frontage on more than
one street, unless otherwise limited herein, in which case one such sign
shall be permitted for each separate street frontage. If a property has
frontage that exceeds 300 lineal feet on any given roadway, one additional
such sign on such frontage shall be permitted; and for each multiple of 300
lineal feet of frontage thereafter, one additional such sign shall be
permitted for each separate street frontage.
Flags and Flagpoles 1
Not Allowed Allowed Not
Allowed
Number Allowed - 1 flag; 1 -
pole
Flag Size - 60 sf. -
Pole Height - 45 ft. -
Freestanding Sign Allowed
Number Allowed 1 per lot or tract
Maximum Sign Area 12 sf.2
Maximum Sign Height 5 ft.
Off-Premise Directional Sign for Allowed Not Allowed
Religious,Educational,
Governmental, or Non-Profit
Entities3
Number Allowed 1
Maximum Sign Area 32 s.f.
Maximum Sign Height 5 ft
TABLE NOTES:
1. Applicable to flags not meeting the exemption as set forth in Subsection 11-822.B., Exempt Signs.
2. Freestanding signs associated with residential park/subdivision identification shall be limited to one per
property held in single and separate ownership, regardless of frontage on more than one street; said sign
shall not exceed 50 sf.
3. An off-premise directional sign containing only the direction and name of a church, governmental entity, educational
institution or non-profit may be allowed abutting a Highway.
PA
Additional requests from Dave Mitchell Formatted: Font color: Red
Sec. 11-825.04 Off-Premise Electronic Changeable Message Advertising Signs
A. Generally. This subsection sets out the location and districts in which off-premise electronic changeable
message (ECM) advertising signs may be permitted, and the size and height standards that apply to them.
New static off-premise advertising signs are not permitted.
B. Corridor. Off-Premise ECM signs may be permitted by Conditional Use Permit in the following areas:
1. Within two hundred fifty (250) feet of the following rights-of-way: Highway 77 south of Commented [DJ1]: Staff disagrees with 250 feet. I am
Inglewood; the Highway 77 south by-pass; on any side of the intersection of Highway 77 and willing to consider 50 feet, as that is still within the highway
Highway 30; Highway 77 north of Highway 30; Highway 275; or on any side of the intersection of corridor.
Highway 275 and Highway 30. Deleted: twenty-five (25)
C. The underlying property shall be zoned LI, Light Industrial; GI, General Industrial; PA, Port Authority; or,
GC, General Commercial.
D. Signs shall be mounted on a monopole structure constructed of tubular steel.
E. No more than one sign face facing the same direction shall be permitted on a pole.
E. Sign faces facing the same direction shall be at least 5,000 feet from one another.
F. Sign faces facing opposite directions shall be on the same pole,
G. If an existing static off-premise advertising sign is modified, one side may be an ECM face and the other
may be an equal size static face up to 672 square feet per side. Commented [DJ2]: Staff is agreeable with this proposal
H. Sign faces shall not be greater than fourteen (14’) feet tall by forty-eight (48) feet wide. Commented [DJ3R2]: Staff agrees to this change
I. The total height of the sign and structure shall not exceed 45’ from the ground. Commented [DJ4]: Staff agrees with this change
J. Signs shall meet all federal, state and local regulations. Commented [DJ5R4]: Staff disagrees with this change. It is
important to minimize any impact to residential uses that
K. Signs shall not be placed within 200 feet from property that is zoned for single family residential use..
exist and/or are planned in the future.
Notes— Deleted: 40’
Section B—While the goal is to place the sign close to the ROW, sign companies need flexibility for placement Deleted: 800
to avoid obstructions and optimize visibility.
Deleted: contains a residential use,
Section G--- It is possible that the replacement face might be smaller in square footage so the “up to” language Deleted: , is shown for residential use on the Land Use
allows the size to be reduced but in any event not to exceed 672 square feet. Plan in the Comprehensive Plan, or property that has a
Section I--- After further thought, 45’ is more appropriate particularly if a sign is increased from 10.6 by 35 to pending application for residential zoning.
14 by 48.
Section K---I have attached a copy of a study done by Watchfire Signs, LLC, a leader in digital sign
manufacturing and sign sales. It is a study of NIT brightness for 3 Victor locations—1100 Bud Blvd, HWY
275 and HWY 30 exit ramp and HWY 30 HWY 77 at the exit.
--All Victor signs have automatic brightness adjustments with a 100 step hardware photocell with a back-
up photocell.
The signs are simply not bright at night and in any event, after 100 feet, the ambient light broadcast is
minimal. The 200 foot modification to the suggested spacing is consistent with the data and should be
limited to distancing from an area actually zoned for single residential use.
ADDDITIONAL PROPOSAL—We would like the city to consider permitting the placement of a new back to back
structure that would include one ECM sign face in exchange for the removal of two structures with two Commented [DJ6]: Staff does not agree with this proposal.
sign faces on each structure. The new sign faces would not be larger than any of the removed sign faces. The goal is to limit new electronic signs along highway
For example, if Victor removed both structures at 16th and Bell consisting of 4 sign faces, it would be corridors. We do not desire a proliferation within town.
allowed to erect on structure with only 2 back to back faces, one of which would be ECM. The end result
Formatted: Superscript
in that case would be the removal of the large side by side structures on Bell and replace the same with
more attractive signage on other commercial property that is in high demand by the business community.
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