Planning Commission

b t ACES•' PAPILLION PLANNING COMMISSION MEETING JANUARY 30, 2019 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday,, January 30, 2019 at 7: 02 PM. Vice Chairman John E. Robinson III called the meeting to order. Planning Assistant Andrea Blevins called the roll, Planning Commission members present were Howard Carson, Leanne Sotak, Judy Sunde, and Wayne Wilson. David Barkier, Rebecca Hoch, Raymond Keller Jr., Jim Masters, 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., Vice Chairman Robinson III led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on January 16, 201, 19. A copy, of proof of publication is on file at the office of the City Clerk. Vide Chairman Robinson III announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Aporoval of,Aaie nidla Miot'ionwas made by Mr. Carson, seconded by Ms. Sotak, to approve the agenda as presented. Roll call: Five yeas,, no nays. Motion carried. I Approvial of the Pliannina Ciommssion Minutes motio n was made byMr. Carson, seconded by Mr. Wilson, to approve the November 28, 2018 Roll Call: Five yeas, no nays. Motion carried. milnut ies. FINAL PLATS F'si nal Plat —A Final Plat for the property legally described as Tax Lot 20E, the N 10' of the E1/ 2 of Tax Lot 21, and ' Tax Lot 20C, Section 27, T1 N, R12e of the 61h P. M., , harpy County, NE, generally located at 830 S Madison St and 831 S Harrison St. The applicants are Ashley and Jacob Millier. (' Millar'", Paradise) FP -18- 0010 Vice Chairman Robinson 1/ 1 noted that discussion and consideration of thi's item would occur alfter the, Motion and Vote for the Millerys Paradise Preliminary Plat Upon completion of the Motion and Vote on the Miller' s Paradise Preliminary Plat, Vice Chairman Robinson III called for consideration of the Miller's Paradise Final Plat. Ashley Miller, 83,10 S Madison Street, stepped forward as the applicant and offered to address any questions or concerns of the Commission. She noted that her comments from the Preliminary Plat carry, over to the Final Plat application. Vice Chairman Robinson III called for discussion amongst the Commission Mr. Carson inq ui red about the chosen plat name. M rs - Mi I ler summarized how her husband chose the name., With no, further discussion, Motion was made by Mr. Carson, seconded by Mr. Wilson, to recommend approval of the Miller' s Paradise Final Plat ( FP -18- 0010) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with Zoning and Subdivision regulations, contingent upon the resolution of staff comments. Roll Call: Five yeas, no, nays. Motion carried. PUBLIC HEARINGS Onle & Six Year, Road Plan —To consider the One & Six Year Road Plan for the City of Papillion. The applicant is the City of apillion. MISC- 19- 0001 Vice Chairman Roblinson III opened the public hearing. Public ' Works, Administrative Manager and Development Coordinator Jennifer Roesler, 9909 Portal Road, stepped forward to represent the applicant. She noted that the plan must be approved annually, per the Nebraska Department of Transportation ( NDOT ). Vice Chairman Robinson 111 called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Carsion stated that there were additional projects not listed on the road plan and offered his support. With no, further discussion, Motion was made by Mr. Carson, seconded by Ms. Sotak, to recommend approval of the One & Six Year Road Plan ( MISC- 19- 0001) based on consistency with the Comprehensive Plan. Roll Call: Five yeas, no nays, Motion carried. Spe16ial Use Plermit —A Special Use Permit to allow Commercial Recreation ( Controlled Impact) as a permitted use on the property legally described as Tax Lot Al B 1 A, Al B 1 C, & Al 61 C, all looted in Section 23, T14N, R 2 of the 61h P. M., Sarpy County, NE, generally located at 841 Tara Piz. The applicant is Karen' s Fireside, Inc. ( Karen' s Fireside) SUP -18- 0009 Vice Chairman Robinson III opened the public hearing. Julie Maben, 1 o Walnut Creek Drive, stepped forward as the applicant and summarized that she recently sold the former location of Karen' s Fireside to a childcare center, and would be moving to a smaller venue at Tara Plaza. Vice Chairrnan Robinson III called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Carson asked for clarification of the location. Ms. Maben noted that 841 Tara Plaza is north of the, Grecian Gyros restaurant that she also owns. Mr. Carson asked whether Grecian Gyros Karent and Fireside would share any space. Ms. s Maben noted that there may be opportunities for, Grecian Gyros to cater events at Karen' s Fireside; however, the businesses would operate independently. 2 Planning Commission January 30, 1019 Mr. Carson asked for, clarification on the types of gatherings anticipated at this location. Ms. Mablen noted that she hosts several civic organizations on a regular basis, as well as parties, dances, and wedding receptions. Mr. Carson asked about the size of the venue. Ms. Maben noted that the space was approximately 2, 8100 square feet in size and would accommodate up to 100 guests. With no, further discussion, Motion was made by Mr. Carson, seconded by Ms. Sunde, to recommend approval of the Karen' s Fireside Special Use Permit ( SUP -18- 0009) because the proposed use is, generally consistent with the zoning, and the proposed land use is generally compatible with the surrounding uses, contingent upon the resolution of staff comments. Roll Call: Five yeas, no nays. Motion carried. Clear of Zone —A change of Zone from LC Limited Commercial to CC Community Commercial for the property legally, described as Lot 4, Summerfield 2nd Addition, generally located at 780 Pinnacle Dr. The applicant is Jarrod Reece. ( St. Martha' s Episcopal Church) CZ -18- 0013 Vilce, Chairman Robinson III opened the public hearing. Jarrod Reece, 78,0 Pinnacle Drive, stepped forward to represent the applicant. He explained that the church is, requesting the Change of . one to allow for addition signage on the lot. Vice Chairman Robinson III called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Carson asked whether the church would need to come back before the Planning Commission and City Council if additional modifications were to be made to the property. Mr. Reece answered in the affirmative. Mr. Carson offered his support. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Wilson, to recommend approval of St. Martha' s Episcopal Church Change of Zone ( CZ -1 8- 0013) because the lexis,ti ng Iand use is genlera Ily con siste nt with the proposed zoningI the proposed zoni ng district is generally, compatible with the surrounding uses, and the proposed zoning district is consistent with the zoning of the Summerfield 2, d Addition lots to the south and the underlying zoning of the Settlers Greek Mixed Use District to the east, contingent upon the resolution of staff comments. Roll Call: Five yeas, no nays. Motion carried. Preliminary Pla,t —A Preliminary Plat for the property legally described as Tax Lot 20E, the N 1 Of of the E 1/ 2 of Tax Lot 21, and Tax Lot 20C, Section 27, T1 4N R 12 E of the 61hP. M., Sar py County, P NE, generally located at 830 S Madison St and 831 S Harrison St, The applicants are Ashley and Jialcob Miller. ( Millier' s Paradise) PP -18- 0011 Vice, Chairman Robinson III opened the public hearing. Ashley Miller, 8130 S Madison Street, stepped forward as the applicant and summarized that she purchased approximately eight feet of the property at 831 S Harrison Street in order to make a proposed garage addition compliant with the required setbacks. Vicle Chairman Robinson III called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. 3 Planning Commission January 30, 2019 Mr. Carson asked whether the Millers planned to tear down the existing garage. Mrs. Miller stated that she was, unsure because she is now considering selling the home. With no further discussion, Motion was made by Mr. Carson, seconded by Ms. Sunda, to recommend approval of the Miller' s Paradise Preliminary Plat ( PP -1 8- 0011) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with Zing and Subdivision Regulations, contingent upon the resolution of staff comments. Roll Call: Five yeas, ono, nays. Motion carried. PrelliminaU Plat — A Preliminary Plat for the property legally described as fax Lot 3A1A1, 61h lcate,d in Section 2, x" 1' 3 1, R1 1 E of the P. M., Sarpy County, N E, generally located in the NW 1501h corner of St & Capehart Rd. The applicant is Raven Northbrook, LLC. (,harpy County Power Park West Addition) PP -18- 12 Vice Chairman Robinson 111 opened the public hearing. David Madden, 16011 Dodge Street, Suite 3700 ( Omaha), stepped forward to represent the He noted that the applicant seeks to add the property in question to the current site for applicant. Sarpy County Power Park West. Mr. Madden explained that the applicant is also requesting an amendment to the Comprehensive Plan to allow for the realignment of S 150th Street around the subject property. He noted that there are significant safety and security advantages gained by the app'l'icant by allowing the realignment of the road to create a contiguous campus for the Facebook data center. Mr., Madden assured the Commission that the scope of the amendment to the Mixed Use Development Agreement would simply be to add the subject property and that the established site regulators would remain the same. Exiecutive Director of Sarpy County Economic Development Corporation Andrew Rainbolt, 808 Coin agra Drive, Suite 4100 ( Omaha), stepped forward to offer support for the project. 1h Kevin Tach, 123,70 S 1, 5 Street, stepped forward to offer support for the project. He noted that Faicebolok has been a good neighbor thus far. In addition, he anticipates that the use will be less intrusive than other possible uses for the site once fully constructed. Jim Amerinie, 1515,12 Capehart Road, stepped forward to express concerns about access to his farmland from the realigned S 150th Street. T.J. Heinert, 153106 Capehart Road, 50th stepped forward to express concerns regarding the proposed realignment of S, 1 Street. He noted that the road being much closer to his property could be adetriment. Hie further stated that Facebook is also interested in land to the south of Capehart Road in Springfilield"s, extraterritorial jurisdiction, and he suspects that the developer may also attempt to vacate Capehart Road. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. 1501h Carson asked staff to address the public concerns regarding access to the newly realigned S Street. 11r. Stursma noted that the developer and the City are still formulating solutions 4 Planning Commission January 30, 2019 regarding access for adjacent properties. He explained that the Subdivision Agreement Amendment would include language that allows streets or driveways to connect to the road. Mr. Stursma added that he is not sure whether the grades along the road will allow for farm access. Project Enig"I neer Eric Galley, 2111 S 671 Street, Suite 200 ( Omaha), confirmed that language is being drafted to allow road and driveway access from the west. He added that he was unaware of any discussion regarding farm access. Mir. Carson asked the development team to address Mr. Heinert' s concerns. Mr. Madden explained that there would likely be a landscape buffer between the newly aligned road and Mr. 11 Hleinert s property to help mitigate the 'Impact of the road being moved closer to his property. He reiterated that the Subdivision Agreement Amendment would contractually allow properties to the west to connect to the road once those properties develop or redevelop. Mr. Carson asked whether the development team was confident that it could address the contingencies listed in the Planning Commission Staff Report. Mr. Madden answered in the affirmative. With no further discussion, Motion by Mr. Carson, seconded by Ms. Sunde, to was made recommend approval of the Sarpy County Power Park West Addition Preliminary Plat ( PP -1 8- 01012) because it is gienerally consistent with the Comprehensive Plan should City Council approved the proposed Comprehensive Plan Amendment, compatible with adjacent uses, and compliant with Zoning and Subdivision Regulations, contingent upon the resolution of staff comments. Roll Call: Five yeas, no nays. Motion carried. Cannie of Zone — A Change of Zone from AG Agricultural to MU Mixed Use for the property legally, described as Tai Lot 3A1 A1, located in Section 2, T13N, R11E of the 61" P. M., Sarpy County, NE, generally located in the NW corner of 1501h St & Capehart Rd. The applicant is Raven Northbrook, LLC. ( Sarpy County Power Park West Addition) CZ -11 8- 0014 Vice Chairman Robinsion 111 opened the public hearing. David Madden, 1601 Dodge Street, Suite 3070 ( Omaha), stepped forward to represent the applicant. Vice Chairman Robinson III called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Carson for clarification regarding the original scope of the Facebook project. Mr. asked Madden confirmed that Raven Northbrook, LLC purchased and platted the quarter sections on the northeast ands northwest corners of HWY 50 and Capehart Road. Mr. Carson inquired as to where the Springfield extraterritorial jurisdiction begins. Mr. Madden noted that the centerline of Capehart Road is the boundary at this location, With no further discussion, Motion was made by Mr. Carson, seconded by Ms. Sunde, to recommend approval of the Sarpy County Power Park West Addition Change of Zone ( CZ -18- 00,14) because it is generally consistent with the Comprehensive Plan should City Council approved the proposed Comprehensive Plan Amendment, compatible with adjacent uses, and compliant with Zoning and Subdivision Regulations, contingent upon the resolution of staff clomments. Roll Calll: Five yeas, no nays. Motion carried. 5 Planning Commission January 30, 2019 Clomprehiensive Plan Amendment —A Comprehensive Plan Amendment for the property legally 6th described as, Tax Lot 3A1A1 , located in Section 2, T13N R1 I E of the 1 P. M., Sarpy County, NE, 1501h generally located in the N1W corner of St & Capehart Rd. The applicant is Raven Northbrook, LLC. ( Sarply, County Power Park West Addition) CPA -19- 0001 Vice Chairman Robinson 111 opened the public hearing. David Madidenp 1601 Dodge Street, Suite 3070 ( Omaha), stepped forward to represent the applicant,. 1111, 1 WHO= oic MA ME T.J. Hleinert, 151306 Capehart Road, stepped forward to express opposition to the proposed 1501h realignment of S Street. Seeing no further public Input, Vice Chairman Robinson III closed the public hearing and called for Commission DiScUssion. Ms. Sunda asked ' why a Comprehensive Plan Amendment was necessary for this project. Mr. Stursma explained that this proposal changes the anticipated road network by realigning a major roadway; therefore, the new alignment must be noted on the Future Land Use Map. Mr. Carson noted that he did not believe that S 1501h Street is a main through street because it enids, at Schram Road and Fairview Road. He stated that S 1561 Street would likely be the main through street in the future. With ino further discussion, Motion was made by Mr. Carson, seconded by Mr. Wilson, to recommend approval Sarpy County Power Park West Addition Comprehensive Plan of the Amendment ( CPA -19- 01001) because it is generally consistent with the Comprehensive Plan should City Council approved the proposed Comprehensive Plan Amendment, compatible with adjacent uses, and compliant with Zoning and Subdivision Regulations, contingent upon the riesiolutilon of staff comments. Roll Call: Five yeas, no nays. Motion carried. Mixed Use Development Agireement Amendment — A Mixed Use Development Agreement Amendment for the property legally described as Tax Lot 3A1 A1, located in Section 2, T1 3N7 R11 E of the P. M' ., 161 Sarpy County, NE, generally located ire the NW corner of 1 501h St & Ca pehart Rd. The applicant its Raven Northbrook, LLC, ( Sarpy County Power Park West Addition) MISC- 19W10002 Vice Chairman Robinson III opened the public hearing. David Madden, 11601 Dodge Street, Suite 3070 ( Omaha), stepped forward to represent the applicant. Vilice Chairman Robinsion I I I called for proponents and opponents. Seeing no further public 'input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Wilson asked whether the perimetersecurity fence would be shielded with landscaping. Froject Engineer Eric Galley, 2111 S 67 Street, Suite 200 ( Omaha), stated that the landscaping for this portion of the project is being designed but will have to abide by the regulators within the 6 Planning Commission January 30, 2019 Z)Iarpy County Power, Park West Mixed Use Development Agreement. He anticipated that the fencing would likely be wrought iron within streetscape buffers. With no further discussion, Motion was made by Ms. Sunde, seconded by Mr. Wilson, to recommend approval of the Sarpy County Power Park West Addition Mixed Use Development Agreement Amendment ( MISC- 19- 0002) because it is generally consistent with the Comprehensive Plan should City Council approved the proposed Comprehensive Plan Amendment, compatible with adjacent uses, and compliant with Zoning and Subdivision Regulations, n ntingen lupon the resolution of staff comments. Roll Call: Five yeas, no nays. Motion carried, Gridinance No. 18,32 —,Small Wireless Facilli endment —An ordinance to amend Section 205-270 and Section 205- 272 both of Article XXXVIII (Wireless Telecommunications Facilities) of Chapter 2105 of the Papillilon Municipal Code, having to do with Small Wireless Facilities and Small Wireless Facility, Support Poles. The applicant is the City of Papillion. ( Small Wireless Facility Amendment) TC -119- 0001 Vice Chairman Robinson III opened the public hearing. Planning Director Mark Stursma, 122 E V Street, stepped forward to represent the applicant. He explained that this ordinance amendment is meant to bring the City's ordinance into compliance with Inew FCC regulations regarding the time limits allowed for the approval of permits for small wireless facilities. Mr. Stursma displayed examples of small wireless facilities and offered a brief olveirview, of their form and function. He added that the current process to approve a new wireless facility requires a Special Use Permit, and that process is not timely enough to abide by the FCC guidielines. Vice, Chairman Robinson III called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Carson asked about the function of small wireless facilities. Mr. Stursma notes that small wireless facilities are meant to function similarly to a wireless telecommunications tower; however, small wireless, facilities utilize a network of many small antennas placed close together. Mr. Carson asked whether the City would be compensated by telecommunications companies for the use of public rilght- of- way. Mr. Stursma noted that there is an opportunity for franchise agreements for the use of public right-of-way; however, the FCC places limits on how much a municipality may charge. He noted that the new regulations are an industry wide effort to make the implementation of small wireless facilities a simpler process. Mr. Carson asked who owns the light poles where small wireless facilities may be placed. Mr. Stursima noted that OPPD owns the light poles, but the City owns the right-of- way, He added that the City currently leases antenna space on its water towers to telecommunications companies. Mr. Carson asked whether these changes in process would speed up the approval process for small wireless facilities. Mr. Stursma explained that this change would require approval for a small wireless, facility on an existing pole within 60 days of application, and approval for a new pole w ithin 90 days of application. He noted that this is similar to the process for other types of utilities located in the, public right-of-way. 7 Planning Commission January 30, 2019 Mr. Carson asked whether the City has received any applications for small wireless facilities. Assistant Planning Director Travis Gibbons explained that the City had not yet received any such application; however, he anticipates that they will soon be arriving. Assistant City Attorney Amber Rupiper added that the fees collected for franchise agreements to occupy, public right- of-way are not a revenue source, but instead are meant to cover the cost of staff time and other City resources utilized in the installation of such facilities. She added that regulatory access also encourages companies to utilize public right-of-way appropriately. Ms. Sunda asked whether the installation of small wireless facilities would help bring 5G to the area. Mr. Gibbons responded in the affirmative. Withl no further discussion, Motion was made by Ms. Sotak, seconded by Mr. Wilson to recommend approval of ordinance No. 1832 —Small Wireless Facility Amendment (TC -19- 0001 . Roll Call: Five yeas,, Ino nays. Motion carried. Qrdinante No. 18311 — Mixed Use District Amendment —An ordinance to amend Article XXII MU Mixed Use District) of Chapter 205 of the Papillion Municipal Code having to do with Mixed Use District,. The applicant is the City of Papillion. ( Mixed Use District Amendment) TC -19- 0002 Vice, Chairman Robinson III opened the public hearing. Planiningl Director Mark Stursma, 122 E 3rd Street, stepped forward to represent the applicant. He explained that this amendment is meant to bring the zoning regulations in compliance with Neb. Rev. Stat. § 19- 904 and current Planning Department practices. He explained that Neb. Rev. Stat. 19- 19014 requires public hearings for changes to regulations, and Mixed Use Agreements and amendments thereto affect site regulators. He noted that the current ordinance is not wrong in not requiring a public hearing; however, holding a public hearing for Mixed Use Agreements is best practice and adds confidence to the process. Vice, Chairman Robinson III called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. Mr. Wilson asked how this change would affect developers. Mr. Stursma explained that this new process does not affect the timeline for approvals; however, it may require that additional information be provided up front. Ms. Rupiper reiterated that this process should provide developers more confidence in the legality and defensibility of the process. Ms. Sunde asked whether this amendment was intended to come into compliance with state law. Mr. Stursma noted that the intention is to codify best practices that comply with state law. With further discussion, Motion was made by Mr. Carson, seconded no by Ms. Sunde to recommend approval of Ordinance No. 1831 — Mixed Use District Amendment ( TC -19- 0002) blecause lit is, consistent with Neb. Rev. Stat. § 19- 904, consistent with current Planning Department practices, and consistent with the vision and goals of the Comprehensive Plan. Roll Call,: Five yeas, no nays. Motion carried. 1011THER BILISINESS Mr., Stursma discussed the upcoming NPA annual conference and the Comprehensive Plan update. 8 Planning Commission January 30, 2019 With no further business to come before the Commission, Motion was made by Ms. Sun e, selcondeld by Mr. Carson,, to adjourn. The meeting adjourned by unanimous consent at 8: 19 PM. CITY OF PAPILLION J0 E. Robinson 111, Vice Chair 9 Planning Commission January 30, 2019