Planning Commission

REGULAR PLANNING COMMISSION MEETING July 22, 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 June 17, 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 the Planning Director to change the text of Section 11-616 Height and Area Exceptions of the Fremont Municipal Code to include press boxes on the top of bleachers as an architectural projection that can exceed the maximum height of the district regulations. 7. A request by the Planning Director to change the text of Section 11-615.02 Fences and Walls to increase the maximum height of a fence in a non-residential district to eight feet and to require an eight foot fence in the rear and/or side yard between non-residential and residential zoning districts. 8. A request by Josh Borchers on behalf of CDLD, LLC to annex property generally located at 2420 E. 23rd St. and generally described as a parcel of land located in the Southeast Quarter Southeast Quarter of Section 12, being part of Lots D and E of Howard Williams Et. Al. Re-subdivision of the South half Southeast Quarter of Section 12, and North half Northeast Quarter of Section 13, all in Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska 9. A request by the Chief Building Inspector to adopt the 2023 National Electric Code with local amendments. 10. Adjournment. 11. 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 June 17, 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, Sawyer, Darling, Horeis and McKay were present. Commissioners Carlson and Jaeger were absent. A quorum was established. Chairman Borisow read the item: Dispense with the reading of the minutes of the April 22, 2024 Planning Commission meeting. Commissioner Sawyer made a motion to approve the minutes, Commissioner Landholm seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7-0. Chairman Borisow read the item: A request by Mary Ann Diers Yost to annex property generally located at Heatherwood Dr. and Peterson Ave., Fremont, NE. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Sawyer made a motion to approve the request, Commissioner McKay seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Borisow made a motion to approve the request, Commissioner Landholm seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Landholm made a motion to approve the request, Commissioner Nielsen seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Nielsen made a motion to approve the request, Commissioner Sawyer seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Nielsen made a motion to approve the request, Commissioner Landholm seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7-0. Motion was made by Commissioner Nielsen to adjourn the meeting. Seconded by Commissioner Sawyer. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, McKay, and Horeis all voted in favor. Absent Jaeger and Carlson. The motion carried 7- 0. Meeting adjourned at approximately 5:30pm. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: July 22, 2024 SUBJECT: Brooks Hollow 3rd Annexation Recommendation: 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 developer has agreed to annex the entire area to eliminate the “donut hole” to facilitate the provision of police and fire services to an area surrounded by the city. The Planning Commission reviewed a partial annexation at the June 17, 2024 meeting and recommended approval. The Planning Commission needs to review the entire parcel because the map associated with the action showed only annexation of the partial area. 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.  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: July 22, 2024 SUBJECT: Change of Zone from R, Rural to SR, Suburban Residential Recommendation: 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 Planning Commission reviewed a change of zone for a portion of the area at the June 17, 2024 meeting and recommended approval. The Planning Commission needs to review the entire parcel because the map associated with the action showed only the change of zone for the partial area. 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.  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: July 22, 2024 SUBJECT: Change to Section 11-616 Height and Area Exceptions Recommendation: Approval Background: Fremont Public Schools is renovating the football field at the high school and wants to erect a press box on top of the bleachers. The bleachers will be 35 feet tall and they are proposing that the press box be 46 feet tall. High school bleachers and press boxes in many areas are built into a hill so that the height is not an issue. However, that is not an option in Fremont due to the flat terrain. The high school property consists of approximately 38 acres. The proposed bleachers would run north south and will back to the high school. The scale of the property, the high school building and the setbacks are proportionate to the height and scale of proposed bleachers and press box. The proposed bleachers will be over 300 feet from the closest residential uses. The “Height Exception” portion of Section 11-616- Height and Area Exceptions pertains to equipment, architectural projections, and structures that are unique and by their nature tend to exceed the height in underlying zoning districts. Section 11-616.A reads: A. Height Exceptions. The following shall be exempt from the height limitations set forth in the applicable district regulations. 1. Architectural Projections. Chimneys, attic ventilators, plumbing vent stacks, mechanical equipment, elevator bulkheads, tanks, steeples, penthouses not exceeding 25 percent of the total roof area, and stage towers or scenery lofts. 2. Grain, Cement and similar elevators and silos including bucket elevators, unloading towers and associated mechanical equipment. 3. Water Towers. The proposal would allow press boxes associated with educational or public athletic fields to be up to 48 feet high. The proposed text reads: Section 11-616.A reads: A. Height Exceptions. The following shall be exempt from the height limitations set forth in the applicable district regulations. 1. Architectural Projections. Chimneys, attic ventilators, plumbing vent stacks, mechanical equipment, elevator bulkheads, tanks, steeples, penthouses not exceeding 25 percent of the total roof area, and stage towers or scenery lofts. 2. Grain, Cement and similar elevators and silos including bucket elevators, unloading towers and associated mechanical equipment. 3. Water Towers. 4. Press boxes on top of bleachers associated with educational or public athletic fields may be up to 48 feet tall.  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: July 22, 2024 SUBJECT: Change to Section 11-615.02 Fences and Walls Recommendation: Approval Background: Two members of the City Council were approached by a constituent with concerns about the screening fence between his yard and a commercial area. The area is currently screened with an 8-foot privacy fence in need of repair. The code currently allows only a 6-foot privacy fence. The grade between the commercial and residential properties is such that a 6-foot fence does not provide adequate screening and would still allow car lights to shine into the back of the house. The constituent is concerned and requested that 8-foot fences be allowed as they previously were. The City Council members agreed and requested that this be addressed. Currently, fences in commercial areas have the same requirements as those in residential areas- with a maximum of 6’ in height. In many cases, taller fences in commercial areas are desired for screening and increased security. There have been numerous concerns that privacy fencing is not required between commercial and residential areas to provide screening and minimize noise. The proposed amendment would require an 8-foot privacy fence or wall between commercial and residential uses. The proposed amendment will allow fences in commercial and industrial areas to be 8-feet tall. Sec. 11-615.02. Fences and walls. A. Generally. The requirements of this section apply to fences and walls in nonresidential and mixed-use districts. B. Application. This section applies to all fences and walls with a height of 30 inches or more, above finished grade. C. Height. The maximum height of a fence or wall within a required front yard or street yard setback in the SC, Suburban Commercial or GC, General Commercial districts shall be 42 inches. The maximum height in the The maximum height of any fence or wall outside of a required front yard shall be six eight feet. A solid fence or wall that is eight feet high shall be required between commercial or industrial uses and residential uses. Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may be built to a height of six eight feet, so long as access to the property is not taken from the same arterial street. D. Openness. Fences located in a required front yard or street yard setbacks shall not exceed more than 50 percent opacity. All other fences and walls built in nonresidential and mixed-use districts outside of required front or street yards may exceed 50 percent opacity. Exception: A fence or wall built within the required street yard of a lot abutting an arterial street, including street yards of corner lots and rear yards of double frontage lots, may exceed 50 percent opacity, so long as access to the property is not taken from the same arterial street. E. Materials. 1. Allowed Materials. Materials used for fences and walls shall be durable, and of a character commonly used in nonresidential and mixed-use applications, including: a. Weather-resistant or pre-finished (painted or stained and sealed) wood; b. Ornamental wrought iron or powder-coated aluminum (except on fences/walls that are used for screening purposes); c. Masonry (brick, stucco-finished concrete, split face concrete masonry units, or stone), but not unfinished concrete block; or d. Any combinations of these materials. 2. Limited Materials. a. Slatted cChain link is only permitted in side and rear yards, not adjacent to a public or private street. b. Wire mesh is only permitted where enclosing sport courts and tennis courts. 3. Prohibited Materials. The following materials are not permitted as fence or wall components: scrap lumber, plywood, tree branches, tree trunks, sheet metal, plastic or fiberglass sheets, barbed wire, spikes, nails, razors, electric currents or other features specifically designed to injure or scratch an individual or animal who attempts to negotiate the fence or wall. Exception: Barbed wire or razor wire may be permitted by the planning commission in the form of a special exception where it can be demonstrated that such security measures are required and cannot be achieved by other means. F. Fence/Wall Orientation and Maintenance. Created: 2024-01-30 09:13:51 [EST] (Supp. No. 9) Page 1 of 2  1. Orientation. It is strongly encouraged that all fence runs be finished and identical on both sides of the fence (i.e. pickets on both sides). Where fences are not finished and identical on both sides of the fence, and where written authorization has been provided by the adjacent property owner, 50 percent of the fence run, in linear increments no less than six feet and no more than eight feet, may be finished with pickets facing inward toward the subject property; all other fence runs shall be finished with all pickets facing outward toward neighboring properties or adjacent rights-of-way. 2. Maintenance. Fences and walls shall be maintained in an upright position (not more than five degrees from vertical orientation), and in good condition (e.g., free of rust, peeling paint or coatings, missing or broken pickets, wood rot, or graffiti). G. Exceptions. Fences or walls, which are specifically required pursuant to Section 11-810, Landscaping, Buffering, and Screening, shall conform to the requirements in that section. H. Location Restriction and Drainage. 1. No fence or wall shall be built on any lot or tract outside the surveyed lot lines. 2. No fence or wall shall be built which obstructs the flow of water in natural drainage courses, or drainageways created within easements (see Subsection 11-405.02, Floodway (FW) Overlay and Flood Fringe (FF) Overlay Districts). Created: 2024-01-30 09:13:51 [EST] (Supp. No. 9) Page 2 of 2  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: July 22, 2024 SUBJECT: Annexation 2420 E 23rd Street Recommendation: Approval Background: This is a request by Josh Borchers on behalf of CDLD, LLC to annex property generally located at 2420 E. 23d St. The property is associated with the Sid Dillon Mazda, Cadillac, Buick, GMC dealerships. The property was combined by resolution in 2011, but somehow this portion was not annexed. The Comprehensive Plan Future Land Use Map designates this area for commercial use. The parcel is surrounded by commercial development on the east, west and south 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.  Vicinity Map Generalized area of annexation  City Limits Map Generalized area of application