Planning Commission

1 NIJ'I F RECORD PAPILLION PLANNING COMMISSION MEETING JUNE 28, 2023 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, June 28, 2023 at 7: 00 PM. Chairwoman Rebecca Hoch called the meeting to order. Planning & Legal Clerk Tarja Koistila called the roll. Planning Commission members present were Howard Carson, Michael Erdman, Jim Hrabik, Herb Thompson, Raymond Keller Jr., Wayne Wilson, and Heather Bernady. Leanne Sotak and John Robinson III were absent. Planning Director Travis Gibbons, Planner I Kevin Pflager, and Deputy City 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 Sarpy County Times on June 14, 2023. Copies of proof of publication are on file at the office of the City Clerk. Chairwoman Hoch announced that a copy of the Open Meetings Act is posted in Council Chambers. Approval of Agenda Motion was made by Mr. Hrabik, seconded by Mr. Thompson, to approve the agenda as presented. Roll call: Eight yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Mr. Carson, seconded by Mr. Hrabik, to approve the May 31, 2023 minutes. Roll Call: Eight yeas, no nays. Motion carried. PUBLIC HEARINGS Mixed Use Development Agreement Amendment — A request for an amendment to the Mixed Use Development Agreement for the property legally described as Lots 1 — 5 and Lot 7, West Cornhusker Plaza and Lot 1, West Cornhusker Plaza Replat One. The applicant is First Street, LLC. MISC- 23- 0014 ( West Cornhusker Plaza — Caliber Collision) Chairwoman Hoch opened the public hearing and called for the applicant. Trevor Hudson, 3207 S Sam Houston Pkwy # 100, Houston TX, stepped forward to represent the applicant. Mr. Hudson stated the proposed location is Lot 2 at West Cornhusker Plaza. He also stated this is the first new Caliber Collision in the area but have developed body shops in other regions. Mr. Hudson said he will be available for any questions. Chairwoman Hoch called for proponents and opponents. Michael Riggle, 312 Sea Pines Dr, Papillion, stepped forward as a neighboring resident. Mr. Riggle stated his house backs up to the planned project and has been a resident for 30 years. He 1 Planning Commission June 28, 2023 stated he is a former marine, studied biology and has done environmental site assessments. Mr. Riggle provided an overview of his environmental related work with the Army Corps of Engineers and the Department of Defense. He noted that he has done studies for similar uses. He asserted that uses like collision centers violate regulations, and that chemicals contaminations will be a concern. Mr. Riggle is also concerned about dust, VOCs, paint fumes, runoff, spills, noise, traffic, and trash, as he stated there already issues with Discount Tires and Brakes Plus. He also stated these types of businesses should only be in an industrial area, not by Cottonwood. He expressed concerned for his own health and impact to his existing medical conditions. Mr. Riggle asserted that he will litigate if the project is approved. Rachel Vargas, 1310 Beaufort Dr, stepped forward as a neighboring resident. Ms. Vargas stated that she is worried about fumes and environmental issues. She is also concerned for the families and does not want the business by a residential area. Ms. Vargas is concerned about property values, health issues, night drop- offs for vehicles, and safety. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Hrabik reminded the Commission they turned down a crematory which he asserted had less impact on air quality than the proposed collision center. He also stated concern about the proximity to residential neighborhood, which he asserted was more of a concern than the proximity of Discount Tires and Brakes Plus. Mr. Hrabik asserted that collision centers are not regulated as much as they should be, so the use would be a better fit in an industrial area. Mr. Carson asked if there is a filter on the paint booth to which Mr. Hudson affirmed. He noted that the Omaha collision center has a slightly different filter. Mr. Carson asked whether Caliber Collision is a franchise. Mr. Hudson stated it is Corporate owned. Mr. Erdman asked why this site was chosen. Mr. Hudson sited a few reasons, such as attractive population growth, a desire to be by retail, availability of multiple access points, and proximity to similar uses like Brakes Plus and Discount Tire. He also stated that all work is done inside the building, so no repairs done outdoors. Mr. Hudson stated that the only outdoor activity will be parking and that will be screened. Mr. Erdman questioned whether Caliber Collision would go above and beyond on the environmental and noise impact. Mr. Hudson replied they are following the City' s guidelines. He also stated they have built by neighborhoods in other jurisdictions and followed all the regulations. Mr. Erdman questioned whether Caliber Collision would find a different location- if the project is not approved at West Cornhusker Plaza. Mr. Hudson responded that they would, and stated Caliber Collision likes to be by the Air Force bases because they have partnerships with USAA. He explained that the proposed location is attractive Papillion is close to Offutt and pricing for the lot was favorable. 2 Planning Commission June 28, 2023 With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Hrabik, to recommend approval of West Cornhusker Plaza — Caliber Collision ( MISC- 23- 0014) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Three yeas, Five nays ( Hrabik, Keller, Bernady, Thompson & Hoch). Motion failed; therefore, the recommendation is denial. Revised Preliminary Plat — A request to approve the Revised Preliminary Plat for the property legally described as a tract of land located in part of the SW1/ 4 of the NW1/ 4 along with all of the SE1/ 4 of the NW1/ 4 excluding any right- of-way dedication for S 72nd Street, Stony Point Drive, and Ponderosa Drive, all located in Section 01, T13N, R12E of the 6th P, M., Sarpy County, generally located SE of 72nd Street and Schram Road. The applicant is Ponderosa 72 Development, LLC. PP- 23- 0003 ( Ponderosa Place) Chairwoman Hoch opened the public hearing and called for the applicant. Mr. Caleb Beasley, 10909 Mill Valley Rd, Omaha NE, stepped forward to represent the applicant. He stated Phase 1 will include 248 multiple -family residential units, 137 rowhouses, 58 duplexes attached single- family residential units], and detached single- family homes and Phase 2 will have duplexes [ attached single- family residential units] and detached single- family homes. Mr. Beasley stated they are trying to stay in the $ 220- 250, 000 range for the rowhouses and are working with staff to be able to achieve the affordability. He also stated that they are working on water modeling and the Traffic Impact Study and have met with the school about Maass Road dedication and will provide a letter. Mr. Beasley stated that the owner will move the apartment building closer to 72nd Street and eliminate the proposed retail. He noted that they are currently at 3. 99% debt ratio, but this may increase when the comments on their submitted plans are addressed. Chairwoman Hoch called for proponents and opponents. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Keller asked to see renderings of the rowhouses. Mr. Beasley displayed a building elevation of the rowhouses and the attached single- family attached residential units. He stated they are still looking for a builder for the detached single- family residences, so a rendering is not available. Mr. Keller stated his concern about fire protection between the rowhouse units. Mr. Beasley explained they will follow the fire code. Mr. Hrabik asserted that the minimum fire rating in the attic is one hour, and that no fire sprinklers are required for two story but are for three story units. Mr. Gibbons stated that the Fire Marshal is part of the review team, and he has requested the trail for fire access. Mr. Hrabik asked what the price will be for the attached single- family residential. Mr. Beasley said the estimated value is $ 300, 000. Mr. Wilson asked about them not yet having a builder for the detached single- family homes. Mr. Beasley responded that most of the homes are in Phase 2 which is in the future. He noted that 3 Planning Commission June 28, 2023 they could expand duplexes to the east due to the economy slowing for single- family home construction. Mr. Carson expressed his encouragement for the applicant agreeing to move the parking lot away from S 72nd Street. He encouraged the applicant to consider the landscaping and design for post - construction stormwater management basin because S 72nd Street is going to be a major corridor. Mr. Carson noted that Papillion has a nice standard set by West Cornhusker Plaza. He also noted that it is important to have buildings by the road due to the proximity to Shadow Lake. He cited the Axis at Lincoln Way as an example of a well maintained post -construction stormwater management basin. Mr. Beasley stated they will follow the post -construction stormwater management basin rules and improve the aesthetics as much as possible. Mr. Hrabik stated that he was in the missing middle discussions, but he noted concern about the number of apartment buildings being added and requests to reduce regulations. Mr. Hrabik also asserted that apartments are a blight and is concerned that this is repeating the 1970' s. Ms. Hoch questioned if his concerns were related to the Planned Unit Development. Mr. Hrabik stated that there are too many buildings in a small area and asserted that fire codes are not being followed. He also stated that he does not support apartments or shotgun houses. Mr. Gibbons stated that building codes, fire codes, and planning codes are not being violated. He explained that the future land use for the site is Medium Density Residential and Low Density Residential which allows these types of buildings per the Comprehensive Plan. Medium Density Residential is designed to for up to 12 units per acre, Low Density Residential is 1 - 6 units, and combined the average is 8 units per acre. Mr. Hrabik asked for the setbacks. Mr. Gibbons said that the setbacks are 25 feet in the front and 10 feet on the side for single- family residential. He also stated that this includes the missing middle as it includes rowhouses and duplexes and is an opportunity zone for development. Mr. Gibbons also reiterated that no codes are being violated and that Building and Fire codes are stricter now. Mr. Hrabik stated that he does not like apartments and asserted that the City is reverting on fire codes because 5 foot side yards are being allowed. He also stated that fire safety is a concern. Mr. Gibbons stated that the City is not reverting on fire codes and that the Fire Marshal reviews the plans for code compliance. He also stated the side yards between the buildings add up to 10 feet. Mr. Wilson stated that he will vote against Ponderosa Place because he feels the City is putting in more apartments than houses. Mr. Erdman expressed concern about the density and that too many apartments are being constructed. He also stated that he is concerned about setback adjustments and will be voting against Ponderosa Place. Mr. Keller stated that he is not sure there is a better way to bring in the missing middle. He expressed concern that the City does not have enough duplexes. He also said that the City needs to some give if the City wants some diversified, affordable housing. Mr. Keller stated that apartments give people who cannot afford to a $ 400, 000 home an opportunity to live here as 4 Planning Commission June 28, 2023 teachers, fire fighters and police officers are being priced out of the community. He stated that he will vote for Ponderosa Place. Mr. Erdman said that there is affordable housing in Papillion and his concern is the density of apartments. Ms. Hoch stated density allows for the missing middle because of land cost. Mr. Erdman stated that lots in Monrovia are a money grab at $ 70, 000 - $ 100, 000 each. He also stated that the land use fits the plan but not opportunities for homebuying. Ms. Hoch stated that we have approved at least two to three developments recently with Planned Unit Developments. Mr. Hrabik said that he will vote no. Mr. Wilson stated that it is not the Planning Commission' s job to figure out the financing. He stated that if we keep adding apartments then there will be less houses causing single- family houses to get more expensive. Mr. Carson advocated for looking at whether a project is a good fit for a location. He asserted that this is an appropriate location for apartments because S 72" d Street is already has a 4 lane divided street. He stated that he would vote in support of the project. Mr. Erdman asked about the two phases and expressed concerns about the plan changing due to the Phase 2 Final Plat being delayed at a recent City Council. Ms. Romeo stated the approved filing extension was for the Phase 2 Final Plat for Seventy Two Place, not Ponderosa Place. She noted that the Ponderosa Place Final Plat has not been to City Council. She also mentioned that any major changes to a Final Plat would come back to Planning Commission for review. Mr. Wilson stated that Ponderosa Place does not fit Papillion. Mr. Hrabik stated that he does not like apartments and car washes on the arterials and that apartments are overgrown. Mr. Keller questioned whether Mr. Hrabik' s solution was to single- family homes backing up to 72nd Street. Mr. Hrabik answered with a " no". Mr. Keller asked about the average percentage of apartments in Papillion. Mr. Gibbons answered it is staying consistent around 28 — 30%. He noted that multi -family residential develops first due to cost, followed by single- family residential. With no further discussion, Motion was made by Mr. Hrabik, seconded by Mr. Keller, to recommend approval of Ponderosa Place ( PP- 23- 0003) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Five yeas, Three nays by Hrabik, Erdman, and Wilson. Motion passed. Revised Change of Zone —A request to approve a Change of Zone from AG Agricultural to R- 4 Multiple - Family Residential and R- 4/ PUD- 2 Multiple - Family Residential with a Specific Planned Unit Development Overlay for the property legally described as a tract of land located in part of the SW1/ 4 of the NW1/ 4 along with all of the SE1/ 4 of the NW1/ 4 excluding any right- of- way dedication for S 72" d Street, Stony Point Drive, and Ponderosa Drive, all located in Section 01, T13N, R12E of the 6th P. M., Sarpy County, generally located SE of 72" d Street and Schram Road. The applicant is Ponderosa 72 Development, LLC. CZ- 23- 0004 ( Ponderosa Place) 5 Planning Commission June 28, 2023 Chairwoman Hoch opened the public hearing and called for the applicant. Mr. Beasley stated he had no further comments. Chairwoman Hoch called for proponents and opponents. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. With no further discussion, Motion was made by Mr. Keller, seconded by Mr. Hrabik, to recommend approval of Ponderosa Place ( CZ- 23- 0004) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Five yeas, Three nays by Hrabik, Erdman, and Wilson. Motion passed. Final Plat —A request to approve a Final Plat for the property legally described as a tract of land located in part of the SW1/ 4 of the NW1/ 4 along with all of the SE1/ 4 of the NW1/ 4 excluding any right- of-way dedication for S 72' Street, Stony Point Drive, and Ponderosa Drive, all located in Section 01, T13N, R12E of the 6th P. M., Sarpy County, generally located SE of 72' Street and Schram Road. The applicant is Ponderosa 72 Development, LLC. FP- 23- 0006 ( Ponderosa Place) Chairwoman Hoch called for the applicant. Mr. Beasley stated he had no further comments. Chairwoman Hoch called for Commission Discussion. Mr. Wilson asked if it is now more common to finalize the Final Plat at the same time as the Preliminary Plat. Mr. Gibbons stated that this is a special circumstance as the Preliminary Plat was previously approved; however, there was a significant revision that needed to come back through Planning Commission. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Hrabik, to recommend approval of Ponderosa Place ( FP- 23- 0006) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Five yeas, Three nays by Hrabik, Erdman, and Wilson. Motion passed. ELECTIONS Chairperson — Motion was made by Mr. Thompson, seconded by Mr. Hrabik, to open nominations for Chairperson. Roll Call: Eight yeas, no nays. Motion passed. Nominations: Rebecca Hoch Motion was made by Mr. Keller, seconded by Mr. Carson, to close nominations for Chairperson. Roll Call: Eight yeas, no nays. Motion passed. Ms. Koistila announced that Rebecca Hoch received the majority vote. 6 Planning Commission June 28, 2023 Motion was made by Mr. Hrabik, seconded by Mr. Erdman, to approve the election of Rebecca Hoch as Chairperson. Roll Call: Eight yeas, no nays. Motion passed. Vice Chairperson — Motion was made by Ms. Bernady, seconded by Mr. Thompson, to open nominations for Vice Chairperson. Roll Call: Eight yeas, no nays. Motion passed. Nominations: Raymond Keller and Howard Carson Motion was made by Ms. Bernady, seconded by Mr. Hrabik, to close nominations for Vice Chairperson. Roll Call: Eight yeas, no nays. Motion passed. Ms. Koistila announced that the vote was a tie. Chairwoman Hoch called for the Commission to vote again. Ms. Koistila announced that Howard Carson received the majority vote. Motion was made by Ms. Bernady, seconded by Mr. Thompson, to approve the election of Howard Carson as Vice Chairperson. Roll Call: Eight yeas, no nays. Motion passed. OTHER BUSINESS With no further business to come before the Commission, Motion was made by Mr. Hrabik, seconded by Mr. Robinson III, to adjourn. Roll call: Eight yeas, No nays. Motion passed. The meeting adjourned by unanimous consent at 8: 08 P. M. CITY OF PAPILLION Rebecca Hoch, Chairwoman 7 Planning Commission June 28, 2023