Planning Commission

miNurrE RECORD PAPILLION PLANNING COMMISSION MEETING OCTOBER 30, 2019 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, October 30, 2019 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, Jim Hrabik, Raymond Keller Jr., John E. Robinson III, Leane Sotak, Herb Thompson, and Wayne Wilson. Jim Masters and Judy Emswiler were absent. Planning Director Mark Stursma, Assistant City Attorney Carla Heathershaw Risko, 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 October 16, 2019. 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 III, seconded by Mr. Hrabik, to approve the agenda as presented. Roll call: Eight yeas, no nays. Motion passes. Approval of the Planning Commission Minutes Motion was made by Mr. Robinson III, seconded by Mr. Thompson, to approve the September 25, 2019 minutes. Roll Call: Eight yeas, no nays. Motion carried. Approval of the 2020 Planning Commission Meeting Schedule Motion was made by Mr. Robinson III, seconded by Ms. Sotak, to approve the 2020 Planning Commission Meeting Schedule as presented. Roll Call: Eight yeas, no nays. Motion carried. FINAL PLATS Final Plat —A Final Plat for the property legally described as part of Lot 5, Sarpy Development Industrial Park No. 2, a subdivision located in the NW 1/ 4 of the NW 1/4 of Section 23, T14N, R12E of the 6th P. M., Sarpy County, NE, generally located at 1255 Royal Dr. The applicant is Wildewood Christian Church. ( Sarpy Development Industrial Park No. 2 Replat 1) FP- 19- 0012 The applicant was not present. Chairwoman Hoch called for discussion amongst the Commission. With no further discussion, Motion was made by Mr. Robinson III, seconded by Mr. Carson, to recommend approval of the Sarpy Development Industrial Park No. 2 Replat 1 Final Plat( FP- 19- 0012) 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: Eight yeas, no nays. Motion carried. PUBLIC HEARINGS Special Use Permit —A Special Use Permit to allow for the construction of tennis courts and supplemental off-street parking on proposed Lot 2, Sarpy Development Industrial Park No. 2 Replat 1, generally located at 1255 Royal Drive to serve a Secondary Educational Facility Papillion La Vista High School). The applicant is Papillion La Vista Community Schools. ( PLHS Tennis Courts) SUP- 19- 0008 Chairwoman Hoch opened the public hearing. Joe Zadina, 14710 W Dodge Road ( Omaha), stepped forward to represent the applicant. He acknowledged that Assistant Superintendent Doug Lewis was also in attendance. Mr. Zadina summarized that the pending additions to Papillion La Vista High School will displace the existing tennis courts. As such, the school district is purchasing a three acre lot from Wildewood Christian Church to construct new tennis courts and additional parking. Mr. Zadina explained that the parking lot for the tennis courts would have lighting designed to reduce glare and spillage onto the adjacent residential properties; however, the tennis courts would not be lit. He summarized the applicant' s plan for stormwater detention and discharge. Chairwoman Hoch called for proponents and opponents. Rhonda Webb, 1202 Edgewood Boulevard, stepped forward to ask questions regarding the location of the proposed parking facilities and tennis courts, in relation to her property. Mr. Zadina demonstrated such locations on the site plan. Ms. Webb expressed concerns regarding the slated removal of trees on the site and lighting. Rosann Steffensmeier, 1220 Edgewood Boulevard, stepped forward to express concerns regarding site lighting. She also inquired as to whether the prospective property owners would allow access to the rear of her lot for tree maintenance and removal. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Carson asked the applicant to address the public' s questions. In regards to site lighting, Mr. Zadina explained that the applicant is still working on site design, and pointed to possible locations for parking lot lighting on the site plan. He noted that the maximum number of lights for the parking lot would likely be four. In regards to the question regarding access, Mr. Zadina expressed that Ms. Steffensmeier would need to work with the appropriate property owners to make such an arrangement. He added that the proposed fencing would only be located around the perimeter of the tennis courts and not the perimeter of the property, and therefore, should not restrict the requested access. Mr. Thompson asked that the applicant be cognizant of the adjacent residential uses when designing lighting for the site. Mr. Zadina agreed and summarized the capabilities of light filtering with modern LED lighting. 2 Planning Commission October 30, 2019 Ms. Sotak asked why the applicant is choosing not to light the tennis courts. Doug Lewis, 420 S Washington Street, explained that excluding lighting on the tennis courts was done purposefully to limit the effect on the neighboring residential uses, as it will prevent activity at the site after dark. Mr. Hrabik asked for more detail regarding stormwater detention. Mr. Zadina summarized that a school owned property to the west of this site would be utilized to route stormwater to the nearest inlet. Mr. Hrabik inquired about the size of the existing storm sewer. Derek Goff explained that he has been working with the applicant to find the best solution for stormwater at the site because a direct connection to the inlet is not feasible. Mr. Zadina affirmed that the existing storm sewer would be able to handle this project. Chairwoman Hoch asked about the design for spectator seating. Mr. Zadina pointed out the proposed ten foot by twenty foot concrete pads and explained that those are meant to accommodate removable bleachers. He added that there is also lawn space for chairs. Chairwoman Hoch asked whether there would be sufficient sidewalk access to Papillion La Vista High School facilities to the south. Mr. Zadina answered in the affirmative. With no further discussion, Motion by Mr. Keller, Mr. Hrabik to was made seconded by recommend approval of the Papillion La Vista High School Tennis Courts Special Use Permit SUP- 19- 0008) 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: Eight yeas, no nays. Motion carried. Mixed Use Development Agreement Amendment—A First Amendment to the 370 North Mixed Use Development Agreement for the property legally described as, Lots 1- 7, 10- 14, 16, and 17 and Outlots A, B, and E, 370 North; Lots 1- 2, 370 North Replat 1; Lots 1- 7, 370 North Replat Two; and Outlots A and B, 370 North Replat Three, generally located on the NW corner of HWY 50 and HWY 370. The applicant is Ted Zetzman. ( First Amendment to 370 North Mixed Use Development Agreement) MISC- 19- 0027 Chairwoman Hoch opened the public hearing. She and Mr. Stursma noted that the applicant requested a continuance on this item. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open and called for Commission Discussion. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Thompson, to continue the public hearing for the First Amendment to 370 North Mixed Use Development Agreement ( MISC- 19- 0027) to a later date when the applicant and staff are ready to present it to the Commission. Roll Call: Eight yeas, no nays. Motion carried. Preliminary Plat— A Preliminary Plat for the property legally described as a tract of land located in the NE 1/ 4 of the NW 1/ 4 and part of the NW IA of the NW 1/4, located in Section 1, T13N, R12E 6th of the P. M., Sarpy County, NE, generally located on the SE of 72nd St and Schram Rd. The applicant is Papio Park, LLC. ( Papio Park) PP- 19- 0002 Chairwoman Hoch opened the public hearing. 3 Planning Commission October 30, 2019 Jason Thiellen, 10909 Mill Valley Road, Suite 100 ( Omaha), stepped forward to represent the applicant and noted that project attorney Larry Jobeun and project engineer Kyle Vohl were also present for the applicant. Mr. Thiellen summarized the project location and added that the proposal includes approximately 35, 000 square feet of commercial space, 150 multi-family residential units, a single-family rental product, and 136 single-family residential lots over the 80 acre parcel. He confirmed that the applicant will continue to work on the conditions set forth in the Planning Commission Staff Report. Larry Jobeun, 11440 W Center Road, Suite C ( Omaha), stepped forward to represent the applicant. He explained that the project has a lot of challenges as it is flanked on three sides by major roadways, which prompts high costs for public improvements. He mirrored Mr. Thiellen' s comment regarding the resolution of the conditions set forth in the Planning Commission Staff Report. 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 expressed that he would not support the project as it appears that the applicant had not done the work to resolve the 31 contingencies within the Planning Commission Staff Report since the first time the project was on the Planning Commission Agenda. Ms. Sotak asked whether the project includes a park dedication. Mr. Jobeun stated that this project does not include a park; however, it will contribute to a regional park. Mr. Stursma explained that the pending update to the Comprehensive Plan contemplates a regional park southeast of this project along the 66th Street corridor. Ms. Sotak asked the applicant whether there were any commitments for the commercial portion of the project. Mr. Jobeun stated that he was unaware of any potential commitments; however, uses permitted within the CC Community Commercial District could be anticipated. Ms. Sotak noted that she agrees with the assertion in the Planning Commission Staff Report regarding the proposed subdivision name. Mr. Jobeun confirmed that the applicant is willing to change the subdivision name. Mr. Thompson noted that there was a large number of contingencies listed in the Planning Commission Staff Report. Mr. Jobeun asserted that the bulk of said contingencies are related to infrastructure. He stated that these improvements are being negotiated with the City in order to make the project fiscally feasible. He added that said contingencies must be resolved prior to final plat approval. Mr. Carson asserted that it appears that the applicant is leveraging the Administration Department to circumvent the Planning Department. Mr. Hrabik mirrored his comments, and confirmed that he would not support the project. Mr. Thiellen argued that the requested improvements are not feasible due to the size of the project. He declared that some of the requested improvements are not necessarily driven by this development. He indicated that the applicant believes that the project is in compliance with the Comprehensive Plan and compatible with adjacent uses. Mr. Thompson asked whether the Planning Commission could continue the public hearing on this item to give the applicant more time to resolve some of the aforementioned conditions. Mr. 4 Planning Commission October 30, 2019 Thiellen expressed that the applicant would prefer a recommendation whether for approval or denial. Mr. Stursma stated that it is within the Planning Commission' s purview to continue the public hearing. Chairwoman Hoch asked staff whether contingencies 29 through 31 in the Planning Commission Staff Report are typical contingencies. Mr. Stursma answered in the affirmative. He stated that many of the comments within the Planning Commission Staff Report are tied to financial aspects that are being negotiated. He added that the Administration Department needed to be involved because they and City Council ultimately decide on matters regarding fiscal impact. Chairwoman Hoch asked whether addressing the non- financial issues is being delayed until the fiscal issues are resolved. Mr. Jobeun answered in the affirmative. Mr. Keller asked for a brief overview of SID financing. Mr. Jobeun obliged. Mr. Keller mirrored Chairwoman Hoch' s question regarding the resolution of the fiscal issues prior to resolution of other staff comments. Mr. Jobeun answered in the affirmative. Chairwoman Hoch asked for information regarding project phasing. Mr. Thiellen explained that the multiple-family residential component is expected to develop first, followed by the remaining residential components, with the commercial component likely developing last. Chairwoman Hoch asked about access day one access at the site. Mr. Thiellen and Mr. Stursma gave a brief overview. Mr. Robinson III asked whether the issues regarding the Source and Use of Funds were within the Planning Commission' s purview. Mr. Stursma explained that the Planning Commission does not typically do a deep dive into fiscal issues, but financials do play a role in whether the project is viable. He added that the Planning Commission typically focuses on design issues. Mr. Jobeun added that many of the contingencies will be addressed through the Subdivision Agreement. Mr. Keller asked staff for examples of affordable housing. Mr. Stursma summarized that affordable can have many meanings, but confirmed that there is a local need for affordable housing. Mr. Keller asked the applicant whether they could provide elevations. Mr. Thiellen noted that this project will likely be before the Planning Commission again to add Planned Unit Development zoning for the residential component and elevations would be required for that action. Ms. Sotak asked for clarification on the requested waiver of block length. Mr. Thiellen and Mr. Stursma expressed that this is a typical waiver. Chairwoman Hoch asked whether the single-family rental project would forego garages to make the units more affordable. Mr. Thiellen stated that this product would likely include shared garages. He added that there is a large market for this product. He expressed that one of the largest barriers to affordable housing in Papillion is setbacks. He added that the required ten foot side yard setback in residential districts reduces density and creates more expensive lots. Chairwoman Hoch inquired about the size of the single-family rental product. Mr. Thiellen stated that these units would likely be 1, 200 to 1, 400 square feet. Mr. Thompson offered his support to the project. 5 Planning Commission October 30, 2019 Mr. Hrabik restated that he was uncomfortable voting in favor of the project due to the large number of unresolved issues. Mr. Stursma explained that the applicant is working to resolve the financial aspect of the project prior to investing in the design. He added that the contingencies must be addressed prior to final plat approval. Mr. Carson restated that he believes that the applicant is trying to circumvent the required zoning and subdivision regulations. As such, he is unable to offer his support to the project. Kyle Vohl, 10909 Mill Valley Road ( Omaha), stepped forward to represent the applicant and expressed that the had submitted a Traffic Study, however, staff has requested applicant additional detail. He added that the applicant will not invest money in the engineering aspects until he had some assurance that the project could move forward. Mr. Carson asked whether the project would move forward to City Council with a recommendation of continuance. Mr. Stursma responded in the negative. He added that the project could move forward to City Council with a recommendation of either approval or denial. With no Motion was made by Mr. Keller, seconded by Mr. Wilson to further discussion, recommend approval of the Papio Park Preliminary Plat ( PP- 19- 0002) because it is generally consistent with the Comprehensive Plan should the applications be revised as specified within the October 30, 2019 Planning Commission Staff Report, compatible with adjacent uses, and compliant with Zoning and Subdivision Regulations should the applications be revised as specified within the October 30, 2019 Planning Commission Staff Report, contingent upon the resolution of staff comments. Roll Call: Six yeas, two nays by Carson and Hrabik. Motion carried. Change of Zone —A Change of Zone from AG Agricultural to CC Community Commercial and R- 4 Multiple- Family Residential for the property legally described as a tract of land located in the NE 1/ 4 of the NW 1/ 4 and part of the NW 1/ 4 of the NW 1/ 4, located in Section 1, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located on the SE of 72nd St and Schram Rd. The applicant is Papio Park, LLC. ( Papio Park) CZ- 19- 0002 Chairwoman Hoch opened the public hearing. Larry Jobeun, 11440 W Center Road, Suite C ( Omaha), stepped forward to represent the applicant. He asked that the testimony from the Preliminary Plat hearing carry over to this item. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. With no further discussion, Motion by Mr. Keller, seconded by Ms. Sotak to was made recommend approval of the Papio Park Change of Zone ( CZ- 19- 0002) because it is generally consistent with the Comprehensive Plan should the applications be revised as specified within the October 30, 2019 Planning Commission Staff Report, compatible with adjacent uses, and compliant with Zoning and Subdivision Regulations should the applications be revised as specified within the October 30, 2019 Planning Commission Staff Report, contingent upon the resolution of staff comments. Roll Call: Six yeas, two nays by Carson and Hrabik. Motion carried. 6 Planning Commission October 30, 2019 Ordinance No. 1859 — An ordinance to amend Article XXXVIII ( Wireless Telecommunications Faiclities) of Chapter 205 Zoning having to do with Small Wireless Facilities ( Small Cells) and Eligible Facilities Requests. The applicant is the City of Papillion. ( Wireless Telecommunications Facilities Zoning Amendment) TC- 19- 0007 Chairwoman Hoch opened the public hearing. Travis Gibbons, 122 E 3rd Street, stepped forward to represent the applicant. He summarized that the proposed changes are meant to bring the Zoning Regulations in compliance with LB 184 in regards to the definitions for Small Wireless Facilities. He noted that LB 184 is more restrictive than the Federal Communications Commission ( FCC) in that it allows Small Wireless Facilities in the public right-of-way by right. He added that an additional chapter( Chapter 207) is proposed to be added to the Papillion Municipal Code to govern Small Wireless Facilities. Mr. Gibbons added that the amendment will also eliminate the Eligible Facilities Request Permit process to eliminate redundancy, as the purpose of this application is covered under the Commercial Building Permit for eligible facilities requests. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Carson asked for more information on small wireless facilities. Mr. Gibbons gave a brief overview of the form and function of small cells. Mr. Wilson stated that a small number of City' s have 5G wireless available. Mr. Gibbons confirmed. Mr. Thompson offered his support and asserted that 5G will improve communication for emergency response services. With no further discussion, Motion was made by Mr. Wilson, seconded by Mr. Hrabik to recommend approval of Ordinance No. 1859 — Wireless Telecommunications Facilities Zoning Amendment( TC- 19- 0007). Roll Call: Eight yeas, no nays. Motion carried. Ordinance No. 1860 — An ordinance to amend Section 205- 11 ( Definition of general terms) of Article II and Section 205- 218 ( Fence regulations) of Article XXXIV, both of Chapter 205 Zoning having to do with the definition of the term " Fence" and general guidelines for residential, civic, office, commercial, and industrial fences. The applicant is the City of Papillion. ( Fence Zoning Amendment) TC- 19- 0006 Chairwoman Hoch opened the public hearing. She acknowledged that the applicant has asked that the item be continued. Mark Stursma, 122 E 3rd Street, stepped forward to represent the applicant. He provided a brief overview language. of the request, and noted that staff needs more time to work through some confusing Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open and called for Commission Discussion. 7 Planning Commission October 30, 2019 With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Hrabik, to continue the public hearing for Ordinance No. 1860 — Fence Zoning Amendment ( TC- 19- 0006) to a later date when staff is ready to present it to the Commission. Roll Call: Eight yeas, no nays. Motion carried. OTHER BUSINESS Chairwoman Hoch and Mr. Keller recognized the students who attended the meeting. With no further business to come before the Commission, Motion was made by Mr. Keller, seconded by Ms. Sotak, to adjourn. The meeting adjourned by unanimous consent at 8: 32 P. M. CITY OF PAPILLIO N ir_i 7 Rebecca Hoch, Chairwoman 8 Planning Commission October 30, 2019