Planning Commission

REGULAR PLANNING COMMISSION MEETING August 12, 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 July 22, 2024 Planning Commission meeting as prepared. 4. A request by Scott Osterhouse to annex approximately 15.49 acres of property generally located at the southwest corner of the Highway 77 south bi-pass and Downing Street located in the Northwest Quarter (NW¼) of Section Thirty-Six (36) and the Southwest Quarter (SW¼) of Section Twenty-Five (25), all in Township Seventeen (17) North, Range Eight (8) East of the Sixth P.M., Dodge County, Nebraska . 5. A request by Jerry Nelson on behalf of CDLD, LLC for a Conditional Use Permit to expand a non-standard use in order to erect a metal canopy structure to cover vehicles on property generally located at 2420 E. 23rd St., Fremont, Nebraska. 6. Adjournment. 7. 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 July 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, Sawyer, Darling, Horeis, Carlson, and Jaeger were present. Commissioners McKay was absent. A quorum was established. Chairman Borisow read the item: Dispense with the reading of the minutes of the June 17, 2024 Planning Commission meeting. Commissioner Darling made a motion to approve the minutes, Commissioner Landholm seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Jaeger, Carlson, and Horeis all voted in favor. Absent McKay. The motion carried 8-0. 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 Nielsen made a motion to approve the request, Commissioner Sawyer seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Jaeger, and Horeis all voted in favor. Absent McKay. The motion carried 8-0. 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 Landholm made a motion to approve the request, Commissioner Darling seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor. Absent McKay. The motion carried 8-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow open the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Darling made a motion to approve the request, Commissioner Nielsen seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor. Absent McKay. The motion carried 8-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow open the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. After discussion Commissioner Nielson made a motion to amend the proposal to add at the end of Section 11-615.02, C., Fences to include the language “The Planning Commission may grant a waiver to reduce the height of a required privacy fence to six feet if it can be demonstrated that the is no adverse impact to an abutting residential property.” Commissioner Darling seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor of the amended text. Absent McKay. The motion carried 8-0. Commissioner Borisow made a motion to approve the request as amended. Commissioner Sawyer seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor. Absent McKay. The motion carried 8-0. Chairman Borisow read the item: 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. Planning Director Dam provided her staff report. Chairman Borisow opened the public hearing. After receiving no comments, Commissioner Borisow made a motion to approve the request, Commissioner Sawyer seconded the motion. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor. Absent McKay. The motion carried 8-0. Chairman Borisow read the item: A request by the Chief Building Inspector to adopt the 2023 National Electric Code with local amendments. Chairman Borisow open the public hearing. After receiving no comments, Chairman Borisow closed the public hearing. Commissioner Sawyer made a motion to approve the request, Commissioner Horeis seconded the motion. By a roll call vote, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor. Absent McKay. Borisow voted against. The motion carried 7-1. Motion was made by Commissioner Landholm to adjourn the meeting. Seconded by Commissioner Sawyer. By a roll call vote, Borisow, Landholm, Nielsen, Sawyer, Darling, Carlson, Jeager and Horeis all voted in favor. Absent McKay. The motion carried 8-0. Meeting adjourned at approximately 6:10pm. APPROVED _____________________________________ Jarod Borisow, Chairman ATTEST ________________________________ Jennifer Dam, Director of Planning  STAFF REPORT TO: Planning Commission FROM: Jennifer L. Dam, AICP, Planning Director DATE: August 12, 2024 SUBJECT: Annexation of property at southwest corner of S. Downing St. and the Hwy 77 bypass Recommendation: Recommend approval Background: This is a request by Scott Osterhouse on behalf of Nebco Inc to annex property generally located at the southwest corner of S. Downin St. and the Highway 77 bypass. The property is adjacent to the city limits to the west, north and east 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: August 12, 2024 SUBJECT: Request to expand non-standard use at 2420 E. 23rd St. Recommendation: Recommend approval to City Council Background: This is a request to expand a non-standard use by allowing a canopy structure to be constructed to cover the cars in the parking lot behind Sid Dillon Cadillac. A landscape waiver request and a Conditional Use Permit for canopy structures in front of the Sid Dillon Cadillac and Mazda were previously approved. The landscaping will be installed once the temperatures are lower to ensure the viability of the plant material. The Planning Director approved a minor modification to the landscape plan given the location of the utilities and footings for the canopy. The information is attached. The request is to construct a canopy structure similar to the ones along Luther Rd. Sid Dillon has also constructed similar canopy structures to cover their auto inventory in Lincoln, Wahoo and in Blair. The purpose of the canopy is to reduce the risk of hail damage to the vehicles and to provide a better shopping environment for their customers. The current parking lot is non-standard with respect to setbacks and landscaping. The proposed structure will be within the required setbacks. The applicant is requesting that the existing conditions with regard to parking be allowed to continue. The applicant is requesting a waiver of a Type C bufferyard in an associated action, but is proposing the addition of some landscaping. The property is zoned GC, General Commercial. Auto sales are a permitted use in the GC zoning district. The property is developed with 100 percent impervious surface. The proposed expansion will not increase the amount of impervious coverage. The drainage is designed to predominately flow to the grassy area and detention cell to the west, which is under the same ownership as this parcel. 11-324-04 allows the granting of a Conditional Use Permit to expand a non-standard use provided that a decrease in the minimum requirements would not adversely affect the surrounding area and that the decrease is necessary to allow the structure to be enlarged, extended, structurally altered, converted, or reconstructed.  • This will not adversely impact the surrounding area. The applicant is providing some additional landscaping that will soften the site and provide some additional pervious surface. 11-324-04 requires specific consideration of the effects on adjacent property, safety, traffic, or city utility service needs, the density of land use zoning for the subject property and adjacent property and the economic impact for the city. • The proposal will not negatively impact adjacent property, safety, traffic or service needs. The proposal is not impacting the density of land use. The proposed canopy will provide an economic benefit to the applicant and will increase the City’s tax base. The criteria established for approval in 11-316-05(B) are addressed below: • The proposed expansion will not undermine an adopted plan. • The proposed expansion is compatible with the surrounding land uses. • The conditional use will not use a disproportionate share of public services.  Vicinity Map General Area of Application E. 23rd Street  Area Zoning General Area of Application