Planning Commission

MINUTE RECORD PAPILLION PLANNING COMMISSION MEETING ocToBER 25, 2023 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, October 25,2023 at 7:00 PM. Vice Chair Howard Carson called the meeting to order. Planning & Legal Clerk Tarja Koistila called the roll. Planning Commission members present were Craig Mielke, Michael Erdman, Raymond Keller Jr, John Robinson lll, Leanne Sotak and Heather Bernady. Rebecca Hoch, Herb Thompson, and Wayne Wilson were absent. Planning Director Travis Gibbons, Senior Planner Michelle Romeo, Planner I Kevin Pflager, Assistant City Attorney Carla Heathershaw Risko, and Deputy City Engineer Derek Goff were also present. Vice Chair Carson stated that the Highway 370 Mixed-Use Development Mixed Use Development Agreement Amendment has been withdrawn by the applicant and will not be heard at the meeting. Vice Chair Carson led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Sarpy County Times on October 11, 2023. Copies of proof of publication are on file at the office of the City Clerk. Vice Chair Carson announced that a copy of the Open Meetings Act is posted in Council Chambers. Mayor Black stepped forward to swear in new Planning Commission member Craig Mielke. Approval of Aqenda Motion was made by Mr. Robinson lll, seconded by Ms. Sotak, to approve the agenda as presented. Roll call: Seven yeas, no nays. Motion carried. Approval of the PlanninE Commission Minutes Motion was made by Mr. Robinson lll, seconded by Ms. Bernady, to approve the August 30, 2023 minutes. Roll Call: Seven yeas, no nays. Motion carried. Approval of the 2024 Planninq Commission Schedule. Motion was made by Mr. Robinson lll, seconded by Ms. Bernady, to approve the 2024 Planning Commission Schedule. Roll Call: Seven yeas, no nays. Motion carried. PUBLIC HEARINGS Revised Preliminarv Plat - A request for a Revised Preliminary Plat for the property legally described as a tract of land located in the SE lo of lhe SW % of Section 36, T14N, R12E of the 6th P.M., Sarpy County, generally located at NW of 66h Street and Schram Road. The applicant is Spruce Capital Group, LLC. PP-22-0003R (Tighe Farm) Vice Chair Carson opened the public hearing and called for the applicant. 1 Planning Commission October 25, 2023 Mr. Larry Jobeun, 'l 1440 W Center Rd, Omaha NE, stepped forward to represent the client. Mr. Jobeun stated that the Preliminary Plat was previously approved by Council; however, a revised version if being presented because the project is proposed to be phased. He also stated that there are no changes to either the Preliminary Plat or the Final Plat for phase 1. Mr. Jobeun stated that the reason for phasing the project is the cost associated with installing S 66th Street, which will be completed with Phase 2. Vice Chair Carson acknowledged that correspondence was received from Carla Tighe, 14102 S 108th St, Springfield NE. He noted that such correspondence was part of the public hearing record. Vice Chair Carson called for proponents and opponents. Mr. TerryTighe, 14102 S 108th St, Springfield NE, asserted that having one entrance from Schram Road would cause issues with construction equipment and be especially difficult for emergency vehicle access. Mr. Tighe also stated that at a previous City Council meeting it had been promised that 66s Street would be put through immediately. Seeing no further public input, Vice Chair Carson closed the public hearing and called for Commission Discussion. Mr. Jobeun explained that Phase 1 will have two access points onto Schram Road. He also stated that Phase 1 will have 165 dwelling units and Phase 2 will have 205 dwelling units. He noted that the two access points from Schram Road will be sufficient for Phase 1. Mr. Jobeun stated that the subdivision agreement will have provisions for constructing S 66s Street including triggering events and a requirement to construct it with Phase 2. He also stated that the timing of Phase 2 will be partially dependent on development of the sunounding area. Mr. Keller asked about the timing of S 66th Street and Phase 2. Mr. Jobeun stated that Phase 2 will trigger the construction of S 66th Street, which should take two years to complete. Mr. Mielke asked about the reason for phasing the poect. Mr. Jobeun stated that the phasing is directly related to the cost of S 66th Street because Tighe Farm cannot solely financially support the construction of S 66rh Street. Ms. Sotak request mnfirmation that contingencies #2 and #9 of the Planning Commission Staff Report apply to S 66h Street. Ms. Romeo explained that contingency #2 requires the design of S 66h Street to follow the ridgeline boulevard section. She then advised that contingency #9 requires approvals from Sarpy County since S 66th Street is going to be a part of the county's road system. Mr. Keller asked about obtaining the S 66h Street right-of-way from the land to the east. Mr. Jobeun stated that the subdivision agreement will require that the SID enter into an interlocal cooperation agreement with Sarpy County, and typically Sarpy County will acquire the right-of- way necessary for the street improvement. He noted that Sarpy County has the power of eminent domain. With no further discussion, Motion was made by Mr. Robinson, seconded by Mr. Keller, to recommend approval of Tighe Farm (PP-22-0003R) because it is generally consistent with the 2 Planning Commission October 25, 2023 Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Seven yeas, no nays. Motion passed. Final Plat - A request for a Final Plat for the property legally described as described as a tract of tanO tocateO in the SE Ya of the SW % of Section 36, T'14N, R12E of the 6th P'M', Sarpy County, generally located at NW of 66th Street and Schram Road. The applicant is Spruce Capital Group, LLC. FP-23-0008 (Tighe Farm) Vice Chair Carson called for the applicant. Mr. Larry Jobeun, '1 1440 W Center Rd, Omaha NE, stepped forward stating that he had no further comment. Vice Chair Carson called for Commission Discussion. Mr. Mielke asked if the subdivision agreement would be reviewed by the Planning Commission. Mr. Gibbons explained that subdivision agreements are not reviewed by the Planning Commission. He noted that the next Planning Commission item would likely be the Final Plat for Phase 2. With no further discussion, Motion was made by Mr. Keller, seconded by Ms. Bernady, to recommend approval of Tighe Farm (FP-23-0008) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Seven yeas, no nays. Motion passed. Golf Course Fences. Ordinance Amendment- A request to approve the Ordinance #1975 to amend $ 205-128(G) having to do with golf course fences. The applicant is City of Papillion - Council Member Tom Mumgaard . TC-22-0O02 Vice Chair Carson opened the public hearing and called for the applicant. Mr. Tom Mumgaard, '1216 Cork Dr, Papillion stepped forward as the applicant. Mr. Mumgaard stated that this is a minor amendment to the long-standing Zoning Ordinance that prohibits fences on properties backing up to a municipal golf course. He stated that the residents living by golf courses generally approve of the rules. Mr. Mumgaard stated that he came forward last year asking for an amendment regarding fences being allowed in the same area as an existing deck to allow homeowners to have a dog run. He stated that the revised amendment would be specific to decks that are fully enclosed with a roof. Vice Chair Carson called for proponents and opponents. Seeing no public input, Vice Chair Carson closed the public hearing and called for Commission Discussion. Ms. Sotak asked Mr. Mumgaard if there is a petition or signatures from residents stating that they support the proposed amendment. Mr. Mumgaard stated that the residents he spoke with do not want fencing for pet areas. He also stated that several residents have spoken with the homeowners association stating that they are in favor of this amendment. 3 Planning Commission October 25, 2023 Ms. Sotak asked if there was a formal petition for the residents to sign, to which Mr. Mumgaard stated that no, they asked him as their council member to bring it up. Mr. Carson asked if the change is fair to residents who bought their homes with the assumption there would not be any fences. Mr. Mumgaard noted there is only one house on Tara Hills Golf Course with an enclosed deck that would qualify to have a fence if the amendment is approved. Ms. Bernady asked if he knew how many houses have a completely enclosed deck that would be able to add a fence. Mr. Mumgaard estimated that about 10 houses on Tara Hills Golf Course have a roof over the deck but are not enclosed. He stated that he is not sure about Eagle Hills Golf Course; however, he is aware of only one resident who has raised this concern. He also stated that there are a few houses that have a dog run on the side of the house which has been permitted since the beginning. Mr. Mielke requested confirmation that only one of the six examples of decks and palios identified in the Planning Commission Staff Report would be allowed to have the fence that extends to the edge of the enclosed and covered deck. Mr. Mumgaard confirmed that only one example meets the requirement. He also stated that previously the word "structure" was interpreted to include a deck that was covered but not enclosed. Mr. Mielke requested confirmation thatan enclosed patio with a roof would not be allowed to have a fence. Mr. Gibbons stated that the proposed amendment would only allow an enclosed deck with a roof to have a fence, so an enclosed patio with a roof would not qualify to have a fence. Mr. Mielke asked if a resident could apply for a permit to fully enclose an existing deck. Mr. Gibbons confirmed that an existing deck could be enclosed and covered with a roof if it is compliant with the Zoning Ordinance and building code requirements. Mr. Erdman asked about the fence material and design requirements. Mr. Gibbons stated that a fence must be wrought iron, or similar material, and be more than 50% open, so a privacy fence would not be allowed. With no further discussion, Motion was made by Mr. Keller, seconded by Mr. Erdman, to recommend approval of the Ordinance #1975 (TC-22-0002). Roll Call: Five yeas, two nays by Ms. Bernady and Ms. Sotak. Motion passed. OTHER BUSINESS With no further business to come before the Commission, Motion was made by Ms. Bernady, seconded by Ms. Sotak, to adjourn. Roll call: Seven yeas, no nays. Motion passed. The meeting adjourned by unanimous consent at 7:50 P.M. CITY OF PAPILLION Howard Carson, Vice Chair 4 Planning Commission October 25, 2023