Planning Commission

PAPILLION PLANNING COMMISSION MEETING May 25, 2016 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, May 25, 2016 at 7: 00 PM. Chairman Mike Mallory called the meeting I to order. Planning Assistant Andrea Blevins called the roll. Planning Commission members present were David Barker, Howard Carson, Rebecca Hoch, Raymond Keller Jr, Jim Masters, Ken Melhus, and Leanne Sotak. Judy Sunde was absent. Assistant Planning Director Amber Rupiper, City Engineer Jeff Thompson, and City Planner Michelle Romeo were also present. Chairman MaAory led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on May 11, 2016. A copy of proof of publication is on file at the office of the City Clerk. Chairman Mallory announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Aaproval of As enda Motion was made by Ms. Hoch, seconded by Mr. Barker, to approve the agenda as presented. Roll call: Eight yeas; no nays. Motion carried. Apqroval of the Plannin Commission Minutes Motion was made by Mr. Masters, seconded by Mr. Barker, to approve the 04/27/ 16 minutes. Roll Call: Seven yeas, no nays, one abstention from Mr. Melhus. Motion carried. PUBLIC HEARlNG ORD # 1740 — An ordinance to adopt the 2012 International Building Code ( IBC) published by the International Code Council ( ICC). The applicant is the City of Papillion. MISC- 16-0005 Chairman Mallory opened the public hearing. Chairman Mallory recognized that the applicant has requested that this agenda item be continued until staff is ready to present it. Motion was made by Mr. Keller, seconded by Mr. Barker, to continue the public hearing for ORD. # 1740 to adopt the 2012 International Building Code ( IBC) ( MISC- 16- 0001) to a later date when staff is ready to present it. Roll Call: Eight yeas, no nays. Motion carried. Special Use Permit — A Special Use Permit to allow Automotive Rental and Sales as a permitted use on the property legally described as Lot 2, Cedardale Industrial Park, a subdivision as surveyed, platted and recorded in Sarpy County, NE, generally located at 1107 1 Planning Commission May 25, 2016  Applewood Drive. The applicant is Midlands Auto and Truck Services, L. L. C. ( Midland' s Auto and Truck Services) SUP- 16- 0002 Chairman Mallory opened the public hearing. Molly Miller with Adams and Sullivan Attorneys at Law, 1246 Golden Gate Drive, Suite 1, stepped forward to represent the applicant. Ms. Miller explained that the owner of Midland' s Auto and Truck Services, Ray LeBlanc, is seeking to get his dealership license through the State of Nebraska, and the Special Use Permit is required. She added that Mr. LeBlanc owns a repair business at the current location, and automotive repairs will still be the predominant use at the property. She further explained that Mr. LeBlanc's intention is to obtain vehicles that he and his staff can repair during times of slower business to keep his employees working. She assured the Commission that Mr. LeBlanc never plans to have an excess of ten vehicles for sale, and that ten would be at the very high end of vehicles on display for sale. Ms. Miller concluded that there is sufficient space on the lot and parking stalls currently at the site, and that the applicant has no objections in complying with the contingencies in the Planning DepartmenYs staff report. Mr. Melhus asked if the automobiles waiting for repair would be sitting idle in the parking lot. Ms. Miller answered that the applicant already operates an existing repair business and it is not his intention to have a plethora of vehicles in need of repair sitting on his lot. She added that the building has the ability to store some of the vehicles waiting for repair inside while they are not being repaired. She stated that the applicant would likefy only have a couple vehicles stored outside at a time. Mr. Melhus added that he wants to ensure that wrecked vehicles are not stored in plain view as he has viewed in other places. Ms. Miller assured the Commission that the applicant does repair and maintenance work rather than body work so any vehicles that would be sitting outside of the building would not likely be in severe aesthetical disrepair. Mr. Masters explained that he recently toured the property and that the facility looks great and is well kept. He added that there was nothing he deemed problematic outside, and that he only noticed one vehicle being stored outside on his visit. Mr. Masters inquired about the history of the property, regarding the staff report comment that the north parking lot at the facility was constructed without a permit. He asked if this was built prior to the applicant purchasing the building. Ms. Miller answered that she and the applicant discovered through the application process that the north parking lot was, in fact, constructed without a building permit prior to the applicant' s ownership. She added that she and the applicant have been working with the Chief Building Official Brian Craig to remedy the issues created by the parking lot addition being built without the proper permits. Ray LeBlanc of Midland' s Auto and Truck Services, L.. C., 1107 Applewood Drive, stepped forward to add that he purchased the building in November of 2008 so the original construction and updates predate his occupancy. Chairman Mallory called for proponents and opponents. Pat and Jody Duffy of Shadow Lake Child Care and neighbors to Midland' s Automotive and Truck Services, 1103 Applewood Drive, stepped forward and noted that their concern that there would be an excessive number of cars stored outdoors on the property due to the proposed use type was addressed through the Commission discussion. 2 I Planning Commission May 25, 2016 Seeing no further public input, Chairman Mallory closed the public hearing and called for Commission Discussion. Mr. Carson asked that the applicant be mindful about outdoor storage of vehicles, particularly vehicles in disrepair. He added that the property has a rear frontage facing 72"d Street, which is a main corridor in our City that the Commission wants to ensure that it looks as nice as possible. Chairman Mallory asked if the applicant was confident that they could address the contingencies in the Planning Commission staff report. Ms. Miller assured the Commission that the applicant had no objections to addressing these comments. Mr. Masters asked what the applicant would need to do if the number of vehicles he had available for sale ever exceeded ten vehicles. City Planner Michelle Romeo answered that the applicant will be limited to displaying no more than ten vehicles for sale at one time as a condition of the Special Use Permit. She added that if the applicant wished to display more vehicles that he wou(d need to amend his Special Use Permit to allow more vehicles to be displayed for sale. Ms. Sotak asked if the designated parking stalls for vehicles for sale could be moved, or if they needed to stay in the designated location. Ms. Miller answered that the licensing required ten continuous spots, and that she, her client and City Staff determined that this was the best location on the property to accommodate this requirement. With no further discussion, Motion was made by Ms. Hoch, seconded by Mr. Barker, to recommend approval of the Midland' s Auto and Truck Services Special Use Permit ( SUP- 16- 0002) to allow Automotive Rental and Sales as a permitted use contingent upon staff comments, because it is generally compatible with adjacent uses and consistent with the Zoning and Subdivision Regulations. Roll Call: Eight yeas, no nays. Motion carried. CURRENT BUSINESS: A discussion and vote regarding proposed amendments to the Planning Commission Rules and Procedures to accommodate the appointment of an alternate member. MISC- 16-0006 Mr. Masters requested clarification on the word " other" referenced in third comment of the staff report on page three regarding other portions of the Rules and Procedures being revised. Assistant Planning Director Amber Rupiper directed the Commissioners attention to the legislative version of the proposed amendments to the Planning Commission Rules and Procedures, which shows all changes in this document outlined in blue. Ms. Rupiper added that other changes would primarily encompass changes that are a reflection of state statute unrelated to the addition of an alternate and changes that were made to reflect current Planning Commission practices. Chairman Mallory asked if the alternate member would participate in the Commission discussion and voting if there was the absence of one or more regular members, and if all members were in attendance, whether the alternate would be invited to attend the Planning Commission meeting, but would not be allowed to vote. He continued to ask who would be in charge of informing the alternate of when they need to be in attendance, and what will be required of them in this position. Ms. Rupiper confirmed that under Section 17( D) in the 3 Planning Commission May 25, 2016  proposed amendments to the Rules and Procedures, the alternate would be expected to "attend and prepare" for every Planning Commission meeting to the same extent as any regular member unless notified by the Planning Department in advance that his or her presence will not be required at that particular meeting. She added that this provision puts the burden on the Planning Department staff to inform the alternate member whether he or she will be required to attend. Ms. Hoch asked for confirmation that the alternate member should be at every meeting unless he or she is told his or her attendance is not required because the nine regular members will be present. Ms. Rupiper confirmed that this was correct. She also added that the alternate will be welcome to attend as a member of the public in the event that the nine regular members are present because the state statute contemplates that the alternate is not allowed to participate in their full capacity when the nine regular members are present. She continued to explain that if all nine regular members were in attendance and a regular member needed to recuse themselves from voting for a particular reason, then the alternate would then be allowed to step in during the recusaL Mr. Keller asked what would happen if the ninth regular member showed up late and the alternate was already sitting and voting in their place. Ms. Rupiper explained that the rules contemplate that if the ninth member is present and capable of voting then the alternate member would need to relinquish that seat to the regular member. She added that the regular member could leave and allow the alternate to stay. Ms. Hoch asked if there has been a full CQmmission at any of the past finrelve meetings of the Planning Commission. Ms. Rupiper answered that she has yet to see all nine members present in the past eight months of her employment with the City. Chairman Mallory added that in the past finrenty years, he does not believe that he as seen all nine members present at a meeting, but that it is very rare that there is not at least a quorum of five members. Ms. Hoch added that she has seen some difficult situations where the Commission has just been at quorum, and that the addition of an alternate would be nice and give the Planning Commission the ability to better serve the citizens of Papillion. Chairman Mallory asked about the process for incorporating the new Rules and Procedures. Ms. Rupiper answered that the document presented in the Planning Commission staff report was prepared by staff and is proposed as the new Rules and Procedures. She added that the current Rules and Procedures require that there be an affirmative vote of at least five members of the Planning Commission to adopt the amended Rules and Procedures. She commented that should such a vote occur then the presented amendments would be adopted and considered the current Ru(es and Procedures effectively replacing the current document. With no further discussion, Motion was made by Ms. Hoch, seconded by Mr. Carson, to adopt the proposed amendments to the Planning Commission Rules and Procedures ( MISC- 16- 0006) contingent upon the approval of ORD. 1736 by City Council. Roll Call: Eight yeas, no nays. Motion carried. OTHER BUSINESS With no further business to come before the Commission, Motion was made by Mr. Barker, seconded by Mr. Melhus, to adjourn. The meeting adjourned by unanimous consent at 7:41 PM. 4 Planning Commission May 25, 2016 I  CITY OF PAPILLION Mic el Mallory, Chairm 5 Planning Commission May 25, 2016