Planning Commission

MINUTE RECORD PAPILLION PLANNING COMMISSION MEETING DECEMBER 13, 2017 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, December 13, 2017 at 7: 00 PM. Chairwoman Rebecca Hoch called the meeting to order. Planning Assistant Andrea Blevins called the roll. Planning Commission members present were Howard Carson, Raymond Keller Jr., Jim Masters, John E. Robinson III, Leanne Sotak, and Wayne Wilson. David Barker, Judy Sunde and Herb Thompson were absent. Planning Director Mark Stursma, Assistant City Attorney Amber Rupiper, Assistant Planning Director Travis Gibbons, City Planner Michelle Romeo, and Staff Engineer Derek Goff were also present. Chairwoman Hoch led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on November 29, 2017. A copy of proof of publication is on file at the office of the City Clerk. Chairwoman Hoch announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Approval of Agenda Motion was made by Mr. Robinson Ill, seconded by Mr. Masters, to approve the agenda as presented. Roll call: Seven yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Mr. Keller, seconded by Ms. Sotak, to approve the November 29, 2017 minutes. Roll Call: Seven yeas, no nays. Motion carried. PUBLIC HEARINGS Special Use Permit - A Special Use Permit to allow Bed- and- breakfast as a Permitted Use on the property legally described as the N 1/ 2 Lot 11 & all Lot 12 Block 27 South Papillion, together with Lot 10 & S 1/ 2 Lot 11 Block 27 South Papillion, generally located at 245 W Halleck Street and 711 S Jackson Street. The applicant is Gary& Gerry Cordes. SUP- 17-0003 Chairwoman Hoch opened the public hearing. Gerry and Gary Cordes, 711 S Jackson Street, stepped forward as the applicants. Mrs. Cordes explained that she and Mr. Cordes would like to use their property located at 245 W Halleck Street as an Airbnb and retreat center. She noted that because the property is located right next door to her home at 711 S Jackson Street, she and Mr. Cordes would have full access to and knowledge of the happenings therein. She pointed out that the tall hedge that surrounds the property offers privacy and screening from the neighbors. Mrs. Cordes stated that the home at 245 W Halleck Street was built in 1927, and it is her wish to maintain as much of the original detail as possible with the exception of updating the bathroom on the main level to include a shower and handicap railings. She noted that the property has two bedrooms on the main floor with a loft and bathroom on the second floor. In reference to parking, Mrs. Cordes expressed that the driveway at 245 W Halleck can hold four cars and additional parking will also be provided in the two driveways at 711 S Jackson Street. She noted that there is also angle parking surrounding Trinity Lutheran Church on the northwest corner of W Halleck Street and S Jackson Street for overflow parking when necessary. Chairwoman Hoch called for proponents and opponents. Chairwoman Hoch noted that an email had been received from Donna Hume, 751 S Jackson Street, in opposition to the request and that said email was distributed to the Planning Commission. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission discussion. Mr. Masters commented that he lives near a bed- and- breakfast in Hunter's Crossing, which is very calm and quiet. He asked Mrs. Cordes how she and Mr. Cordes intend to vet prospective guests. Mrs. Cordes explained that she intends to build a website that includes contact information wherein prospective guests can call and book use of the bed- and- breakfast. She reiterated that because she and her husband live next door, they will be able to monitor the use of the property closely. Mr. Carson asked staff to clarify the use of a property as an Airbnb, and when such a use rises to the level of needing a Special Use Permit for the Bed-and- Breakfast use type. Michelle Romeo explained that there are a number of considerations in determining when a Special Use Permit would be required. She noted that a Special Use Permit is necessary in this case because the intended and regular use of the property would be a bed- and- breakfast and retreat center. She indicated that an Airbnb that only rents out space a few times a year during special events, and therefore do not necessarily rise to the level where a special use permit would be required. She further explained that laws that regulated when a hotel occupation tax needs to be collected are also a factor in determining if a Special Use Permit is necessary. Ms. Sotak offered her support to of the request, and asked for more clarification on the retreat center concept and the type of traffic it might generate. Ms. Cordes explained that the bed- and- breakfast would be available for both daytime retreats and overnight stays. She noted that the bed- and- breakfast would likely only be able to accommodate six to eight people at one time. With no further discussion, Motion was made by Mr. Robinson III, seconded by Mr. Carson, to recommend approval of the 245 W Halleck Street/711 S Jackson Street Special Use Permit SUP- 17- 0003) because the proposed land use is generally consistent with the zoning and surrounding uses, contingent upon the applicant addressing the contingencies outlined in the Planning Commission Staff Report. Roll Call: Seven yeas, no nays. Motion carried. Preliminary Plat — A Preliminary Plat for the property legally described as Tax Lot 7A of Section 28, T14N, R12E together with Tax Lot 9A of Section 21, T14 N, R12E of the 6th P. M., Sarpy County, NE, generally located on the NW corner of 96th St and Lincoln Road. The applicant is Jeff Elliott. ( Lincoln Way) PP- 17- 0013 Chairwoman Hoch opened the public hearing. Larry Jobeun, 11440 W Center Rd ( Omaha), stepped forward to represent the applicant. He noted that Jeff Elliott and Drew Snyder of Woodsonia Real Estate, Don Iverson the current 2 Planning Commission December 13, 2017 property owner, Doug Kellner of TD2, and Deborah Kline and Jerry Slusky of SB Communities, LLC were also present. He established that the project encompasses approximately 81. 7 acres on the northwest corner of 96th Street and Lincoln Road. He indicated that the project proposes 104 single-family residential lots, one multi-family lot with about 310 units anticipated, and four outlots that will be maintained by the homeowners association as passive recreation areas. Mr. Jobeun stated that the outlots are within a Special Flood Hazard Area. Mr. Jobeun advised that the project is consistent with the Future Land Use Designation as it contemplates a combination of low-density and medium- density residential uses. He noted that 41 of the single-family lots on the north half of the development will have a price point of approximately $525, 000, and the remaining 63 single-family lots will have a price point of about 365,000. Mr. Jobeun clarified that the Planning Commission Staff Report contains a provision that required the development team to move the multi-family component to the north side of the development; however, staff and the development team discussed this and ultimately decided not to require this revision. He explained that the applicant does not wish to move the multi- family component because the greenspace available on the north side of the development provides an amenity for the homes in the higher price range. Mr. Jobeun noted that the preliminary plat includes dedications for Comhusker Road right-of- way and additional right-of-way for 96th Street. He explained that there will be three access points from the development via Cornhusker Road ( to 96th Street), 99th Osprey Lane ( to 96th Street), and Street( to Lincoln Road). He confirmed that there would not be any direct access to 96th Street or Cornhusker Road. He stated that access for the multi-family lot would be limited to 99th Street and Osprey Lane in alignment with 97th Street. Deborah Kline, 3532 S 101 Street ( Omaha), stepped forward to speak about the proposed multi-family development on Lot 105 as a representative of SB Communities, LLC owned by Jerry Slusky and Bob Batt. She presented images of the Prairie Trails multi-family project in Ankeny, Iowa that will be substantially similar to the proposed project. She stressed the SB Communities, LLC aims to produce unique communities with a variety of projects. She presented elevation examples of the various apartment building types anticipated at the site, and explained the difference between the designs of each. She offered an overview of the construction materials used and the amenities that would be available. Ms. Kline explained that the average rent for units within this development would likely start at 1, 000 per month, and the complex would offer studio, one, two, and three- bedroom unit floorplans. She noted that the mix of unit types tends to create a diverse population of renters. She reported that the Prairie Trails project in Ankeny, IA is at 100% leasing with a waiting list. Mr. Carson asked which of the building types presented would be available at the site. Ms. Kline noted that a site plan is not available for the project; however, the site plan would be substantially similar to the Prairie Trails project and provide a mix of the various building types. She offered an overview of the general layout scheme that SB Communities, LLC typically utilizes. Mr. Masters inquired as to whether any of the units would be developed as townhomes. Ms. Kline explained that some of the units are similar to townhomes and offered a rendering of the proposed units. She noted that these units would be treated the same as the other apartment units. 3 Planning Commission December 13, 2017 Chairwoman Hoch called for proponents and Seeing no further public input, opponents. Chairwoman Hoch closed the public hearing and called for Commission discussion. Mr. Masters offered his support for the project. Mr. Keller inquired as to where Cornhusker Road would connect to the east of the site. Mr. Jobeun confirmed that Comhusker Road would end at 96th Street; however, it would make a connection to the west. Mr. Stursma noted that the alignment of Cornhusker Road is not necessarily in alignment with Comhusker Road to the east; however, it aligns with existing Comhusker Road to the west. Mr. Wilson asked the proximity to Portal Road. Mr. Stursma noted that Lincoln Way is directly south of the Juvenile Detention Center and the West Papillion Creek on the south side of Portal Road. Mr. Jobeun noted that Portal Road is approximately one-quarter mile north of the site. Chairwoman Hoch asked whether this configuration would be in alignment with Comhusker Road further west. Mr. Stursma confirmed that Cornhusker Road will eventually connect to the west at 108th Street. Chairwoman Hoch asked whether there would be a deceleration lane for the intersection of 96th Street and Comhusker Road. Mr. Jobeun indicated that there would not be a deceleration lane. He explained that the project had not completed a traffic study. Chairwoman Hoch asked about the difference in lot size for the two different price points of the family lots. Mr. Jobeun and Jeff Elliott, 17007 Marcy St ( Omaha), explained that the single- higher priced lots would be approximately 85 feet wide and 130 feet in length and the lower price point lots would be approximately 72— 80 feet wide and 130 feet in length. Mr. Masters asked Mr. Stursma to confirm whether staff is in agreement with Mr. Jobeun' s assertion that the multi-family component does not need to be moved to the north side of the project. Mr. Stursma explained that staff wanted to note that a change in the layout had been discussed; however, the intent was not to imply that changing the layout was a requirement. Chairwoman Hoch asked whether there is a difference in grade between the north and south side of the West Papillion Creek that would buffer the homes from the industrial and civic uses to the north. Mr. Jobeun noted that the grade is relatively level now; however, the elevation of the residential lots would be need to be raised up to bring them out of the floodplain. As such, the homeowners will likely be able to see across the creek to the north; however, the uses to the north are approximately one-quarter mile away. He does not anticipate that this factor will affect the marketability of these lots. Mr. Elliot explained that a lot of thought went into the site layout because the development team wishes to minimize the impact to the floodplain areas and maximize the amenities offered to the single-family lots. He noted that each of the lots in the higher price range will be filled to a level where each home will have a walk-out basement with greenspace in the rear. He noted his belief that the uses to the north will not be an issue. Mr. Elliot justified that the multi-family component is better suited on the south side of the site due to its closer proximity to the pending community center. Chairwoman Hoch inquired about the future land use designation of the land to the north of Lincoln Way. Mr. Stursma noted that most of the land to the north of the creek abutting this project is already developed with a mix of multi-family, civic, industrial, and commercial uses. Mr. Jobeun reiterated the distance between the site and the properties to the north. 4 Planning Commission December 13, 2017 Mr. Carson asked whether the development team anticipates that the land to the west of this project will also develop as single- family residential. He further noted the substantial grade change to the west. Mr. Jobeun suggested that the owners of the property to the west are not currently interested in selling; however, he anticipates that this property will eventually be developed as single-family residential due to its location. He confirmed that Cornhusker Road will be able to make a connection to the west despite the grade change. Mr. Carson asked whether the development team had elevations for the proposed single-family homes. Mr. Jobeun indicated that he did not have such renderings and he could not disclose the prospective home- builder at this time. He noted that the homes in the higher price range would likely be custom homes. Mr. Carson asked for an explanation of the land swap and fill rate in regards to the Special Flood Hazard Area ( SFHA). Mr. Stursma explained that the City purchased a portion of land from Don Iverson for the expansion of City Park and the community center. He noted that the purchase agreement included a provision to grant some of the City's allocation of fillable area to other properties owned by Mr. Iverson. Mr. Stursma explained that fill is limited to 25% of the SFHA ( excluding floodway). He noted that the City allocated the fillable area from City Park and the community center project to this site. Mr. Carson asked how much this property needs to fill in order to bring the lowest level of the homes one foot above base flood elevation. Mr. Stursma noted that the City allocated fifteen acres of additional fill to be shared by properties owned by Mr. Iverson on the east and sides of 96th Street. Ms. Romeo noted that the SFHA exhibit in the Planning Commission Staff Report denotes the amount of fill. Mr. Carson asked whether the greenspace on the site would be maintained as prairie grass. Mr. Jobeun answered in the affirmative. Mr. Robinson III asked staff to elaborate on its comments in the Planning Commission Staff Report regarding cul-de-sacs. Mr. Stursma explained that the City discourages cul- de- sacs because they are difficult to maintain, reduce connectivity, and do not provide benefit to the public. He noted that he believes that the cul- de- sacs proposed in this project on the north side of Cornhusker are justifiable due to geometry and the limitations created by the floodplain. He explained that staff has discussed some different options with the development team regarding the cul- de-sac on the west side of the development. Mr. Jobeun noted that the development team is working to resolve this issue. Mr. Carson noted that he has business relationships with Jerry Slusky and Deborah Kline with SB Communities, LLC; however, approval of this project will not result in any personal or financial gain to him. He offered his support of the project. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson III, to recommend approval of the Lincoln Way Preliminary Plat ( PP- 17-0013) because it is consistent with the Comprehensive Plan if the Preliminary Plat is revised to address Sections III, B, 2 of the Planning Commission Staff Report, is compatible with adjacent uses if the Preliminary Plat is revised to address Sections III, B, 2 of the Planning Commission Staff Report, and is compliant with the Zoning and Subdivision Regulations, contingent upon the resolution of staff comments. Mr. Jobeun interjected and noted that contingency number one listed in the Planning Commission Staff Report is no longer a requirement. Amber Rupiper explained that by allowing the " resolution of staff comments," there is room to work with staff on the contingencies listed therein. Roll Call: Seven yeas, no nays. Motion carried. 5 Planning Commission December 13, 2017 Change of Zone —A Change of Zone from Agricultural ( AG) to Multiple- Family Residential ( R- 4) for the property legally described as Tax Lot 7A of Section 28, T14N, R12E together with Tax Lot 9A of Section 21, T14 N, R12E of the 6th P. M., Sarpy County, NE, generally located on the NW corner of 96th St and Lincoln Road. The applicant is Jeff Elliott. ( Lincoln Way) CZ-17-0017 Chairwoman Hoch opened the public hearing. Larry Jobeun, 11440 W Center Rd ( Omaha), stepped forward to represent the applicant and offered to answer any additional questions. Chairwoman Hoch called for proponents and Seeing no further public input, opponents. Chairwoman Hoch closed the public hearing and called for Commission discussion. Mr. Carson asked for a project timeline. Mr. Jobeun noted that this project is being developed through the use of a Sanitary and Improvement District( SID); therefore, the public infrastructure will be constructed as soon as possible. He indicated that buildout will likely be simultaneous shortly thereafter. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson III, to recommend approval of the Lincoln Way Change of Zone ( CZ- 17- 0017) because it is compliant with the Zoning and Subdivision Regulations, contingent upon the resolution of staff comments. Roll Call: Seven yeas, no nays. Motion carried. OTHER BUSINESS With no further business to come before the Commission, Motion was made by Mr. Wilson, seconded by Mr. Robinson III to adjourn. The meeting adjourned by unanimous consent at 8:05 PM. CITY OF PAPILLION Rebecca o6r, Chairwoman 6 Planning Commission December 13, 2017