Planning Commission

MINUTE RECORD PAPILLION PLANNING COMMISSION MEETING NOVEMBER 20, 2019 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, November 20, 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 Raymond Keller Jr., Jim Hrabik, Jim Masters, Leanne Sotak, Herb Thompson, and Wayne Wilson. Howard Carson and John E. Robinson Ill were absent. Judy Emswiler joined the Commission at 7: 02 P. M. Planning Director Mark Stursma, Assistant City Attorney Carla Heathershaw Risko, 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 6, 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. 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 Mr. Hrabik, seconded by Mr. Keller, to approve the October 30, 2019 minutes. Roll Call: Seven yeas, no nays. Motion carried. FINAL PLATS Final Plat— A Final Plat for the property legally described as a tract of land located in part of the NW 1/ 4 located in Section 5, T13N, R12E of the 6th P. M., 114th Sarpy County, NE, generally located SW of S Street & Schram Road. The applicant is Felker Family Farms, LLC. ( Belterra formerly Ashbury Heights)) FP- 19- 0011 The applicant' s representative indicated that he did not wish to speak. Chairwoman Hoch called for discussion amongst the Commission. Mr. Masters asked whether the applicant was confident that he could resolve the contingencies listed in the Planning Commission Staff Report. Jason Thiellen, 10909 Mill Valley Road, Suite 100 Omaha), stepped forward for the applicant and answered in the affirmative. With no further discussion, Motion was made by Mr. Keller, seconded by Mr. Thompson, to recommend approval of the Belterra (formerly Ashbury Heights) Final Plat( FP- 19- 0011) 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. Final Plat— A Final Plat for the property legally described as part of the E 1/ 2 of the SE 1/ 4 of the SW 1/ 4 of Section 2, T13N, R12E of the 6th P. M., Sarpy County, NE, generally located NE of S 80th Street and Capehart Road. The applicant is Shadow Lake 2, LLC. ( Shadow Lake 2 ( Phase 2)) FP- 19- 0013 Pat Hillyer, 14710 W Dodge Road, Suite 100 ( Omaha), stepped forward to represent the applicant. He explained that Phase 2 is the same product as Phase 1 of Shadow Lake 2. Chairwoman Hoch called for discussion amongst the Commission. Mr. Masters asked for a brief overview of the project. Mr. Hillyer summarized the location of the project and displayed the plat. He noted that Phase 2 is filling in the gap between Shadow Lake and Shadow Lake 2 along Capehart Road. He noted that this phase is consistent with Phase 1 of Shadow Lake 2 with average lot sizes of 85 feet in width and 130 feet in length. With no further discussion, Motion was made by Mr. Masters, seconded by Mr. Hrabik, to recommend approval of the Shadow Lake 2 ( Phase 2) Final Plat ( FP- 19- 0013) 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 One & Six Year Road Plan— To consider the One & Six Year Road Plan for the City of Papillion. The applicant is the City of Papillion. MISC- 19- 0030 Chairwoman Hoch opened the public hearing. Jennifer Roesler, 9909 Portal Road, stepped forward to represent the applicant. She explained that the approval of Legislative Bill 82 ( LB 82) has made the reporting structure for the One and Six Year Road Plan more flexible in regards to time of adoption. She noted that the City would now adopt the One and Six Year Road Plan in mid- summer such that it will be adopted concurrently with the Capital Improvement Plan ( CIP). Chairwoman Hoch asked whether there were any highlights within the plan that the applicant would like to address. Ms. Roesler explained that the Road Plan is flexible, and therefore, subject to change. She noted that the City intends to apply for federal funding from the Transportation Alternatives Program ( TAP) to help fund the proposed pedestrian underpass at HWY 370 between S 114th Street and S 120th Street. Chairwoman Hoch called for proponents and opponents. Seeing no further input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Masters asked whether the plan contemplates the State' s pending relinquishment of NE HWY 85 ( S 84th Street/ Washington St). Ms. Roesler noted that the plan does not include the added costs of maintenance because the state has not relinquished the right-of-way. She explained that the needed maintenance will be identified as the relinquishment process is completed. 2 Planning Commission November 20, 2019 Mr. Keller asked why the plan would come back for consideration in mid- summer. Ms. Roesler stated that because LB 82 has given jurisdictions discretion as to when they adopt road plans, the City wishes to adopt the plan in conjunction with the CIP. She noted that the plan will be reviewed annually in mid- summer instead of the beginning of the year starting in 2021. Mr. Keller asked about the likelihood of the proposed improvements to S 90th Street coming to fruition. Ms. Roesler added that those improvements are contemplated in conjunction with the development of the Papillion Commons project. She noted that the City is unsure of the timing 90th and funding for S Street because Papillion Commons has not received final approval. She acknowledged that improvements to S 90th Street are needed due to the condition of the street. With no further discussion, Motion was made by Mr. Hrabik, seconded by Ms. Sotak, to recommend approval of the One & Six Year Road Plan ( MISC- 19- 0033) based on consistency with the Comprehensive Plan. 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 for 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. Mark Stursma, 122 E 3rd Street, stepped forward to represent the applicant. He noted that the need for this amendment came to light due to a recent request for a Special Use Permit from Papillion La Vista High School which included the need for tennis court enclosures. Fences for schools are limited to eight feet in height, which is not necessarily sufficient in height for various athletic facilities associated with school uses. He explained that the proposed amendment seeks to create an allowance for taller fences surrounding athletic facilities. He summarized that the proposed amendment also amends the definition of" fence" to make it less ambiguous, eliminates redundancies within Article XXXIV, and allows opaque fences within street side yards. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Masters asked if staff was comfortable moving forward with the amendment in its current form. Mr. Stursma answered in the affirmative. Chairwoman Hoch asked what prompted the exception for opaque fences in a street side yard. Mr. Stursma noted that this change was partially motivated by trends that staff has observed in residential fencing, as well as the existence of nonconforming fences within Papillion' s jurisdiction. Chairwoman Hoch asked whether this change is related to the technology of remote meter reading. Mr. Stursma stated that it is not. Mr. Hrabik asked why six foot fences are required around pools but not detention basins. Mr. Stursma discussed that the purpose and design of detention ponds. Mr. Keller asked the applicant to give a brief overview of why fencing matters for the students present. Mr. Stursma summarized that fence regulations are important for reasons related to health, safety, welfare, and design. 3 Planning Commission November 20, 2019 Mr. Thompson asked whether the change from the eight foot height limit to the twenty foot height limit for Secondary Educational uses would cover the foreseeable needs for such uses. Mr. Stursma answered in the affirmative. He noted that staff saw no clean way to avoid classifying enclosures for athletic facilities as fences. He added that staff believes that the twenty foot limit should cover the needs of most such uses. He stated that the Board of Adjustment can grant a height exception without the need for a variance. With no further discussion, Motion was made by Mr. Hrabik, seconded by Ms. Emswiler, to recommend approval of Ordinance No. 1860 — Fence Zoning Amendment ( TC- 19- 0006). Roll Call: Eight yeas, no nays. Motion carried. OTHER BUSINESS Chairwoman Hoch addressed the students in the gallery. Mr. Keller gave a brief overview of the applied learning project for the students. Mr. Masters encouraged the students to be civically involved. 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 7: 35 P. M. CITY OF PAPILLION i Rebecca Hoch, (!T . irwoman 4 Planning Commission November 20, 2019