Planning Commission

REGULAR PLANNING COMMISSION MEETING June 17, 2024 - 5:00 p.m. City Council Chambers 400 East Military, Fremont, NE 1. Meeting called to order. 2. Roll call. 3. Dispense with the reading and approve the minutes of the April 22, 2024 Planning Commission meeting as prepared. 4. A request by Mary Ann Diers Yost to annex property generally located at Heatherwood Dr. and Peterson Ave., Fremont, NE. 5. A request by Mary Ann Diers Yost for a Change of Zone from R, Rural to SR, Suburban Residential on property generally located at Heatherwood Dr. and Peterson Ave., Fremont, NE. 6. A request by Mary Ann Diers Yost for the Brooks Hollow 3rd Final Plat consisting of 17 residential lots generally located at Heatherwood Dr. and Peterson Ave., Fremont, NE. 7. A request by Dave Brakenhoff on behalf of Nebco Inc and Western Sand and Gravel to annex property generally located southeast of Hills Farm Rd. and the BNRR. 8. A request by Dave Brakenhoff on behalf of Nebco Inc and Western Sand and Gravel for the Hills Farm Lake Addition Final Plat consisting of 29 residential lots and 2 outlots on property generally located southeast of Hills Farm Rd. and the BNRR. 9. 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 PRINCIPAL 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 April 22, 2024 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, Nielsen, Sawyer, Carlson, Sawyer, Darling, Horeis Jaeger and McKay were present. A quorum was established. Chairman Borisow read the item: Dispense with the reading of the minutes of the March 18, 2024 Planning Commission meeting. Commissioner Darling made a motion to approve the minutes, Commissioner Sawyer seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, McKay, Jaeger and Horeis all voted in favor. The motion carried 9-0. Chairman Borisow read the item: A request by Lyle Boggs for a Conditional Use Permit for an Outdoor Electronic Message sign on property generally located at 4210 East County Rd. U Blvd., Fremont, NE. Chairman Borisow opened the public hearing. Having no public comment, Chairman Borisow closed the public hearing. Commissioner Darling made a motion to approve the request, Commissioner Carlson seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, McKay, Jaeger and Horeis all voted in favor. The motion carried 9-0. Chairman Borisow read the item: A request by Western Sand & Gravel for a Conditional Use Permit for sand and gravel excavation of 110 acres generally located in the east half of Section 36, T17N, R8E south of Hills Farm Rd. and east of the existing excavation site. Chairman Borisow opened the public hearing. Having no public comment, Chairman Borisow closed the public hearing. Commissioner Sawyer made a motion to approve the request, Commissioner Landholm seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, McKay, Jaeger and Horeis all voted in favor. The motion carried 9-0. Chairman Borisow read the item: A request by Agustin Guerrero for a Conditional Use Permit to operate an Auto Sales facility located at 540 S. Broad St., Fremont, NE. Chairman Borisow opened the public hearing. Having no public comment, Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the request, Commissioner Jaeger seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, McKay, Jaeger and Horeis all voted in favor. The motion carried 9-0. Chairman Borisow read the item: A request by Tom Sawyer for a Conditional Use Permit to Expand a Non-Standard Use on property located at 220 and 306 W. Cloverly, Fremont, NE. Chairman Borisow opened the public hearing. Having no public comment, Chairman Borisow closed the public hearing. Commissioner Nielsen made a motion to approve the request. Commissioner Carlson seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Darling, McKay, Jaeger and Horeis all voted in favor. Sawyer abstained. The motion carried 8-0 with 1 abstention. Chairman Borisow read the item: A request by Robert Fields for the Singsaas Fields Preliminary Plat consisting of 4 lots and two outlots on property generally located west of South Howard at Donna Street, Fremont, NE. Chairman Borisow opened the public hearing. Commissioner Landholm made the motion to accept into the record planned drawings for the Singsass Fields development.Commissioner Horeis seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, McKay, Jaeger and Horeis all voted in favor. The motion carried 9-0. After receiving public comment, Chairman Borisow closed the public hearing. Commissioner Sawyer made a motion to approve the request with staff comments, Commissioner Landolm seconded the motion. By a roll call vote, Borisow, Landholm, Carlson, Darling, Jaeger and Horeis all voted in favor. Nielsen voting no. McKay abstained. The motion carried 7-1 with 1 abstention. Chairman Borisow read the item: A request by Robert Fields for a Singsaas Fields Addition Final Plat consisting of four residential lots and two outlots generally located at the northwest corner of S. Howard and Donna Streets, Fremont, NE Chairman Borisow opened the public hearing. After receiving public comment, Chairman Borisow closed the public hearing. Commissioner Darling made a motion to approve with staff comments, seconded by Commissioner Landholm. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, Jaeger and Horeis all voted in favor. McKay abstained. The motion carried 8-0 with 1 abstention. Motion was made by Commissioner Landholm to adjourn the meeting. Seconded by Commissioner Sawyer. By a roll call vote, Borisow, Landholm, Carlson, Nielsen, Sawyer, Darling, McKay, Jaeger and Horeis all voted in favor. The motion carried 9-0. Meeting adjourned at approximately 6:15 pm. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: June 17, 2024 SUBJECT: Brooks Hollow 3rd Annexation Recommendation: Recommend approval Background: This is a request by Mary Ann Diers Yost on behalf of Charles Diers, LLC. to annex property associated with the Brooks Hollow Third Addition Final Plat and a change of zone from R, Rural to SR, Suburban Residential The Comprehensive Plan Future Land Use Map designates this area for residential use. The parcel is surrounded by residential development that is within the city limits. The property is suburban in nature as existing streets stub into the parcel and utilities are available to be extended to serve the parcel. The proposed annexation meets the requirements of the UDC and State Statutes. The city would like to have the entire area annexed to eliminate the “donut hole” to facilitate the provision of police and fire services to an area surrounded by the city.  Vicinity Map Generalized area of application  Surrounding Zoning Generalized area of application  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: June 17, 2024 SUBJECT: Change of Zone from R, Rural to SR, Suburban Residential Recommendation: Recommend approval Background: This is a request by Mary Ann Diers Yost on behalf of Charles Diers, LLC. for a change of zone from R, Rural to SR, Suburban Residential. It is associated with the Brooks Hollow Third Addition Final Plat and a request for annexation. The Comprehensive Plan Future Land Use Map designates this area for low density residential use. The area is adjacent to property zoned SR, Suburban Residential. The parcel is surrounded by residential development that is within the city limits. The property is suburban in nature as existing streets stub into the parcel and utilities are available to be extended to serve the parcel. The proposed annexation meets the requirements of the UDC and State Statutes. The city would like to have the entire area annexed to eliminate the “donut hole” to facilitate the provision of police and fire services to an area surrounded by the city.  Vicinity Map Generalized area of application  Surrounding Zoning Generalized area of application  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: June 17, 2024 SUBJECT: Brooks Hollow 3rd Addition Final Plat Recommendation: Recommend approval Background: This is a request by Mary Ann Diers Yost on behalf of Charles Diers, LLC. for a the Brooks Hollow Third Addition Final Plat consisting of 17 lots. It is associated with a request for annexation and a change of zone from R, Rural to SR, Suburban Residential. The Comprehensive Plan Future Land Use Map designates this area for low density residential use. The area is adjacent to property zoned SR, Suburban Residential. The parcel is surrounded by residential development that is within the city limits. The property is suburban in nature as existing streets stub into the parcel and utilities are available to be extended to serve the parcel. A subdivision agreement is required. The City Engineer had the following comments: • Special Provisions Section 6B. – The City does not allow plastic storm sewer pipe in Public ROW. All Storm Sewer Pipe located with public Right of Way shall be reinforced concrete pipe. • Plastic drainage pipe located within lot easements is considered private and is acceptable. • Improvement Plans – The only construction Entrance shown is located at the south end of Heatherwood. If construction access is made to the site from the North (Heatherwood) or West (12th Street), then a rocked construction entrance will be required at these locations as well. • There needs to be reflective “End of Road” markers at the west end of 12th Street after pavement is constructed. Posts and signs similar to what was used in previous phases is adequate. • These comments can be addressed at a later date during bidding and construction phases. I do not see a reason to hold up the approval of the plat. Vicinity Map Generalized area of application  Surrounding Zoning Generalized area of application  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: June 17, 2024 SUBJECT: Hills Farm Lake Annexation Recommendation: Recommend approval Background: This is a request by Dave Brakenhoff on behalf of Nebco Inc and Western Sand and Gravel to annex property generally located southeast of Hills Farm Rd. and the BNRR. This is associated with a request for the Hill’s Farm Addition final Plat. The Comprehensive Plan Future Land Use Map designates this area for residential use. The property is adjacent to the city limits at the northwest corner of the proposed annexation. The proposed annexation meets the requirements of the UDC and State Statutes.  Vicinity Maps: General area of Application Existing City Limits General area of Application  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: June 17, 2024 SUBJECT: Hills Farm Addition Recommendation: Recommend conditional approval Background: This is a request by Dave Brakenhoff on behalf of Nebco Inc and Western Sand and Gravel for a final plat consisting of 29 residential lots and 2 outlots generally located southeast of Hills Farm Rd. and the BNRR. This is associated with a request to annex the subdivision. The Comprehensive Plan Future Land Use Map designates this area for residential use. The property is adjacent to the city limits at the northwest corner of the proposed annexation. The proposed subdivision is consistent with the Preliminary Plat. The lots will be consecutively numbered with the completion of all phases. The subdivision will be served with public water and sewer services. The grading and drainage study has been approved. The lots range in size from .55 acre to 1.1 acre. The subdivision consists of portions of several tax lots. The tax lots will need to be consolidated and a new legal description provided prior to the request being scheduled on the City Council agenda. The City Engineer, Fire Department and Police Department did not have comments. A subdivision agreement is required at the time this is scheduled for the City Council agenda.  Vicinity Maps: General area of Application Existing City Limits General area of Application