Planning Commission

MINUTE RECORD PAPILLION PLANNING COMMISSION MEETING SEPTEMBER 25, 2019 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, September 25, 2019 at 7: 00 PM. Vice Chairman John E. Robinson Ill the meeting to order. Planning Assistant Andrea Blevins called the called Planning roll. Commission members present were Howard Carson, Raymond Keller Jr., Jim Masters, Judy Sunde, Herb Thompson, and Wayne Wilson. Rebecca Hoch, Jim Hrabik, and Leanne Sotak were absent. Planning Director Mark Stursma, Assistant City Attorney Carla Heathershaw Risko, Assistant Planning Director Travis Gibbons, and Staff Engineer Derek Goff were also present. Vice Chairman Robinson Ill led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on September 11, 2019. A copy of proof of publication is on file at the office of the City Clerk. Vice Chairman Robinson Ill announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Approval of Agenda Motion was made by Mr. Masters, seconded by Mr. Thompson, to approve the agenda as presented. Roll call: Seven yeas, no nays. Motion passes. Approval of the Planning Commission Minutes Motion was made by Ms. Sunde, seconded by Mr. Carson, to approve the August 25, 2019 minutes. Roll Call: Seven yeas, no nays. Motion carried. PUBLIC HEARINGS Special Use Permit—A Special Use Permit to allow Storage( Limited Access) as a permitted use on the property legally described as part of Lot 164A, Tara Hills, generally located NE of N Washington St & Cary St. The applicant is Dennis Hogan, as Trustee. ( Tara Hills Storage) SUP- 19- 0006 Vice Chairman Robinson Ill opened the public hearing. Jessica Thomas, 10250 Regency Circle, Suite 300 ( Omaha), stepped forward to represent the applicant. She noted that the architect, Mike Purdy, and developer, Jeff Cizek, were available for questions. Jeff Cizek, 15740 W Center Road ( Omaha), stepped forward to represent the applicant. He explained that a three story building approximately 100, 000 square feet in size is being proposed. He described that the proposed office hours are 8:00 AM to 6: 00 PM Monday through Friday, and 10: 00 AM to 2: 00 PM Saturday and Sunday with controlled access twenty-four hours a day. Mr. Cizek displayed the proposed elevations of the building. He added that the applicant intends to reconstruct the access road along the property frontage as part of the development of this property. Vice Chairman Robinson III called for proponents and opponents. Dan Myers, 1213 Limerick Road, stepped forward to express concerns about lighting, elevations, noise production, and height of the proposed building. He asked whether alternate uses could be considered on the property. Mr. Myers also expressed concerns regarding existing and future landscape buffers to the golf course. Sharon Taubert, 1203 Limerick Road, expressed similar concerns to Mr. Myers regarding external effects at the site. She emphasized the need for non- intrusive lighting, and questioned whether Storage ( Limited Access) was the best use for the site. She acknowledged that the access road has been problematic for quite some time. John, Brandeau, 911 Michael Drive, expressed concerns regarding external effects at the site. He inquired as to what entity would be responsible for continued maintenance of the access road. Seeing no further public input, Vice Chairman Robinson III closed the public hearing and called for Commission Discussion. 120th Mike Purdy, 2121 N Street( Omaha), explained that developer has no intention of removing the existing trees along the western property line, and noted that an additional nineteen trees would be added at the site. He added that the proposed building height would be approximately thirty-one to thirty-five feet tall. He compared the proposed height to that of the adjacent grocery store which is approximately twenty-four to twenty-six feet tall. In regards to exterior lighting, Mr. Purdy noted that three required light poles would illuminate the parking lot, and that security lights would be placed at each exterior exit as required by code. He added that there may be some lighting on the east side of the property for the sidewalk that is proposed to be installed. Mr. Purdy explained that the applicant intends to reconstruct the private access road to private road standards with Type " A" curb and gutter. He added that the developer will enter into a maintenance agreement with the City that will identify the developer's obligation to construct and maintain the private access drive. In regards to external noise at the site, Mr. Purdy noted that all freight elevators are internal, and should not be heard from outside. Mr. Carson inquired as to who would be the end user of the property. Ms. Thomas noted that an entity would be formed that would hold the land, and that Cizek Property Management would be the developer. Mr. Carson asked whether heating and cooling systems for the property would be located on the rooftop. Mr. Purdy noted that the system would be mostly internal with rooftop condensers. Mr. Carson asked whether there is a grade change from the adjacent grocery store to the subject property in order to ascertain whether the proposed building would be taller than the grocery store. Mr. Purdy stated that a three story building is necessary to justify the cost of the development to the developer. He noted that with the grade change between the subject property and the adjacent grocery store, the two buildings should appear to be approximately the same height. 2 Planning Commission September 25, 2019 Mr. Carson inquired as the type of trees that would be planted as a buffer, and suggested that evergreens be added to provide year round screening. Mr. Purdy stated that evergreen trees are not recommended or required as they tend to grow more slowly than other types of trees. He explained that over story trees would be utilized which are typically between twelve and fifteen feet tall at installation and grow faster than evergreen trees. Mr. Carson displayed a nighttime photo of the Dino' s Storage building located southeast of 72nd Street and Cedardale Road. He noted that the architecture of that building created a lot of light pollution and asked the applicant whether he would utilize similar design elements. Mr. Purdy noted that there would be a glass component at the main entrance, but it would not be illuminated to the level of the example shown. He noted that the remainder of the elevations would be brick and aluminum panels. Mr. Masters asked whether the lighting utilized would be shielded to prevent light pollution. Mr. Purdy answered in the affirmative. Mr. Masters noted that a variety of uses would be permitted at this location. Mr. Stursma noted that the Storage ( Limited Access) use requires a Special Use Permit in the GC General Commercial District, and that such use only allows for internal access to the storage bays. He added that the maximum permitted building height in the GC District is 75 feet, and that the applicant is proposing a building height much shorter than the maximum. He concurred that many more intensive uses would be permitted by right on the property, and such uses would not require public hearings to develop. Ms. Sunde mirrored Mr. Stursma' s comments regarding more intensive uses being permitted by right on the lot. Mr. Stursma added GC General Commercial is the highest commercial zone in terms of high impact uses being permitted by right. Ms. Sunde commended the applicant on the building design, and added that there is a need for storage in Papillion. She added that modern lighting is generally respectful to the impact on nearby properties. Mr. Masters asked whether the applicant met with the neighbors regarding this project, and if not, whether he plans to meet with neighbors in the future. Mr. Cizek stated that this meeting is the first encounter with the Tara Hills neighborhood, and added that he was open to meetings with the neighbors. Mr. Thompson expanded on the importance of neighborhood meetings. Ms. Sunde noted that the developer may not have recognized a need to contact residential neighbors due to the commercial zoning already established on the property. Ms. Thomas added that the developer has been in contact with those property owners immediately adjacent to the property( i. e. the City of Papillion and adjacent businesses). Ms. Sunde asked for clarification on maintenance for the access road. Mr. Purdy reiterated that the access road would be privately maintained by the developer. Mr. Carson asked for clarification on the proposed external materials. Mr. Purdy detailed that the current elevations show the use of brick, aluminum panels, and glass on the entrance corner. Mr. Carson noted that the applicant should consider making the west elevation architecturally interesting as it faces the golf course and residences. Mr. Purdy noted that architectural variation is already included in the proposed design. Mr. Carson asked whether the developer preferred 3 Planning Commission September 25, 2019 the light or dark elevations provided as an exhibit to the Planning Commission Staff Report. Mr. Purdy stated that the applicant was leaning toward the darker elevation. Mr. Wilson asked whether the access road reconstruction would span the entire frontage of the property. Mr. Purdy answered in the affirmative. Mr. Carson suggested that storage uses contribute to crime and traffic. Mr. Carson asked staff to address the memo provided to the Commission ahead of the meeting. Mr. Stursma noted that the memo summarized that a maintenance agreement will be required as a condition of Special Use Permit approval for this project; however, the required design of such reconstruction may be negotiable. With no further discussion, Motion was made by Mr. Masters, seconded by Mr. Keller to recommend approval of the Tara Hills Storage Special Use Permit ( SUP- 19- 0006) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with Zoning regulations, contingent upon the resolution of staff comments. Roll Call: Six yeas, one nay by Mr. Carson. Motion carried. Special Use Permit - A Special Use Permit to allow Child Care Center as an accessory use on the property legally described as Lots 1- 12, Block 23, South Papillion and vacated alley adjacent, generally located at 330 W Halleck St. The applicant is Ruth Castro. ( Tulip Daycare) SUP- 19- 0007 Vice Chairman Robinson Ill opened the public hearing. 27th Paul Kimmons, 10808 N Street ( Omaha), stepped forward to represent the applicant. He displayed a copy of the interior remodel plan and summarized the proposed changes. He noted that the applicant, Ruth Castro, operates two additional Child Care Centers in Bellevue, and currently has a waiting list for this facility. He explained that the proposed Child Care Center use will initially offer services to between thirty and forty children with a possible future expansion to approximately 100 children. Vice Chairman Robinson III called for proponents and opponents. Jim Kvasnicka, 532 S Adams Street, stepped forward to express concerns regarding the possibility of traffic increases. He inquired as to the proposed hours of operation and whether additional commercial uses would be permitted at the site if the daycare did not expand into the remainder of the available space. stated the facility would operate from 5: 00 AM to 7: 00 Ruth Castro, 2703 Tulip Lane ( Bellevue), PM, Monday through Friday. Mr. Kimmons noted that the church use is existing, and suggested that little of the drop- off and pick- up traffic for the Child Care Center would coincide with high traffic times associated with the nearby school. He added that off-street parking at the site is more than adequate. Seeing no further public input, Vice Chairman Robinson Ill closed the public hearing and called for Commission Discussion. 4 Planning Commission September 25, 2019 Mr. Masters asked for clarification on the times of highest traffic volume generated by the Child Care Center use. Mr. Kimmons reiterated that the heaviest traffic for the Child Care Center use would likely not coincide with the heaviest traffic times of the nearby school. Mr. Thompson asked whether Ms. Castro operates as a for-profit entity or a non- profit entity. Ms. Castro suggested that her operation is non- profit in nature. Mr. Carson asked how staff determines whether to condition a Special Use Permit with a renewal period. Mr. Stursma indicated that when significant costs are associated to outfit a property to support the proposed use, staff typically recommends that the Special Use Permit runs with the applicant but not the property. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Keller, to recommend approval of the Tulip Daycare Special Use Permit ( SUP- 19- 0007) because the proposed land use is generally consistent with the zoning, and the proposed land use is generally compatible with the surrounding uses, contingent upon the applicant agreeing to the conditions outlined in the Planning Commission Staff Report. Roll Call: Seven yeas, no nays. Motion carried. Ordinance No. 1855 - An Ordinance to amend § 205- 119 of Article XXI ( Downtown Overlay District), of Chapter 205 of the Papillion Municipal Code having to do with the existing single- family residential uses on Limited Commercial Lots. ( Downtown Overlay District Amendment) TC- 19- 0005 Vice Chairman Robinson Ill opened the public hearing. Mark Stursma, 122 E 3rd Street, stepped forward to represent the applicant. He displayed a map and offered a summary of the Downtown Overlay District boundary. He noted that the current regulations allow existing residential structures within the Downtown Overlay District zoned LC Limited Commercial to be treated as a permitted use. He added that there are several residential structures located in the Downtown Overlay District that are commercially zoned, and that residential loans are often contingent upon the legality of the residential use on a property. Mr. Stursma stated that the City recently received requests for zoning verifications for residential structures located in a GC General Commercial District. He suggested that the limitation to LC Limited Commercial District properties was purposeful at the time of the original adoption of the LC Limited Commercial District exception; however, including GC General Commercial and CC Community Commercial properties within the exception is of benefit to such properties. He added that the amendment includes a provision for the right to reconstruct single-family residential structures on commercially zoned properties within the Downtown Overlay District. Vice Chairman Robinson Ill called for proponents and opponents. Seeing no further public input, Vice Chairman Robinson Ill closed the public hearing and called for Commission Discussion. Mr. Masters asked how Neb. Rev. Stat § 19- 901 relates to the application. Ms. Blevins clarified that Neb. Rev. Stat § 19- 901 refers to the City's power to adopt zoning regulations. With no further discussion, Motion was made by Mr. Keller, seconded by Mr. Thompson to recommend approval of Ordinance No. 1855 — Downtown Overlay District Amendment (TC- 19- 0005) because it is consistent with Neb. Rev. Stat. § 19- 901, and consistency with the vision and goals of the Comprehensive Plan. Roll Cal: Seven yeas, no nays. Motion carried. 5 Planning Commission September 25, 2019 OTHER BUSINESS Mr. Stursma introduced new Assistant City Attorney, Carla Heathershaw Risko, to the Planning Commission. Mr. Carson inquired about the status of the Redevelopment Area in Downtown Papillion. Mr. Stursma offered a brief overview. With no further business to come before the Commission, Motion was made by Mr. Carson, seconded by Ms. Sunde, to adjourn. The meeting adjourned by unanimous consent at 8: 09 P. M. CITY OF PAPILLIO 1, r E. Robinson III, Vice Chairman 6 Planning Commission September 25, 2019