Planning Commission

MINUTE RECORD PAPILLION PLANNING COMMISSION MEETING JANUARY 31, 2024 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, January 31, 2024 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, Wayne Wilson, John Robinson III, and Craig Mielke. Leanne Sotak, Herb Thompson, and Raymond Keller were absent. Planning Director Travis Gibbons, Planner I Kevin Pflager, Senior Planner Michelle Romeo, Assistant City Attorney Carla Heathershaw Risko, 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 January 17, 2024. 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. Robinson, seconded by Mr. Erdman, to approve the agenda as presented. Roll call: Six yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Mr. Robinson, seconded by Mr. Erdman, to approve the November 15, 2023 minutes. Roll Call: Six yeas, no nays. Motion carried. FINAL PLATS Final Plat — A request for a Final Plat for the property legally described as part of Tax Lot 7, Section 12, T13N, R12E of the 6ch P. M., Sarpy County, generally located at the SE corner of S 72nd Street and Capehart Road. The applicant is Oakleaf Development, LLC. FP- 23- 0009 ( Oak Leaf) Chairwoman Hoch called for the applicant. Larry Jobeun, 11440 W Center Road, Omaha NE, stepped forward to represent the client. Mr. Jobeun stated that he is available for questions and stated that the Final Plat is consistent with the Revised Preliminary Plat that was approved by City Council. Chairwoman Hoch called for Commission Discussion. With no further discussion, Motion was made by Mr. Robinson, seconded by Mr. Erdman, to recommend approval of the Oak Leaf ( FP- 23- 0009) Final Plat because it is generally consistent with the Comprehensive Plan, compatible with the approved Revised Preliminary Plat, compatible 1 Planning Commission January 31, 2024 with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Six yeas, No nays. Motion passed. Chairwoman Hoch announced that the Granite Falls North Replat 1 Final Plat would be heard after item number D. 2. Granite Falls North Replat 1 Change of Zone. PUBLIC HEARINGS Special Use Permit —A request for a Special Use Permit to allow the continuance of operating a Child Care Center at the property legally described as Lots 9 — 14, Barrington Place 3 Replat 1, generally located at 605 Gold Coast Rd. The applicant is Premier NE Papillion, LLC. SUP-23- 0002 Chairwoman Hoch opened the public hearing and called for the applicant. Elliot Jarvis, 120 S Lasalle St, Chicago IL, stepped up as the applicant. Mr. Jarvis stated that this Child Care Center has been the same use for years, and that Premier plans to continue to operate it as a Child Care Center. He explained that Premier is a large operator of family -owned, and independently owned Centers throughout the country. Mr. Jarvis also stated that they want to continue the legacy that the owner and entrepreneur had with the City of Papillion. Chairwoman Hoch called for proponents and opponents. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Erdman expressed support for the continued operation of the Child Care Center. Mr. Mielke questioned if a similarly situated childcare center would be required to go through the same special use permit process. He questioned whether the facility would have to go through the same kind of continuation of process if the property changes owner in the future. Ms. Romeo explained that a Special Use Permit was required because the property has residential zoning. She noted that the daycare across the street is on a commercially zoned property, so they did not have to get a special use permit. Ms. Romeo stated that it is unique to have someone build a Child Care facility and have it tied specifically to that single person, but 20 years ago was a little bit of a different time. She explained that the R- 3 Zoning District requires a Special Use Permit for a Child Care Center to ensure compatibility with residential uses. She noted that conditions may be required, but staff would not recommend limiting the Special Use Permit to a specific person or entity. Ms. Romeo highlighted that the staff report recommendation is for the Special Use Permit to run with the land rather than to the specific operator of the business, so that way ownership can transfer more easily in the future. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Wilson, to recommend approval of Our House Children' s Learning Center Special Use Permit ( SUP- 23- 0002) because it is consistent with the zoning, compatible with adjacent uses, generally compliant with the surrounding uses, and a Special Use Permit has been in place for a Child Care Center since 2002 and the applicant will continue to operate the child care center in compliance with said 2 Planning Commission January 31, 2024  permit and contingent upon the applicant agreeing to the conditions of Section III, C, 3. Roll Call: Six yeas, No nays. Motion passed. Change of Zone — A request for approval for a Change of Zone from R- 2 Single -Family Residential ( Medium Density) to R- 4/ PUD- 2 for the property legally described as a replatting of Lots 180 — 289 and Outlots L — P and S, Granite Falls North, generally located at the SE corner of S 114th Street and Cornhusker Road. The applicant is Richland Homes, LLC. ( Granite Falls North Replat 1) CZ- 23- 0007 Chairwoman Hoch opened the public hearing, called for the applicant, and stated that written testimony was provided by Ryan Kellogg at 10418 S 111th Street and Anthony Ciochetto, no address provided. Mr. Pat Sullivan, 1246 Golden Gate Drive, Papillion, stepped forward to represent the applicant. Mr. Sullivan stated that the request rezoning is to R- 4 which is called Multiple -Family Residential; however, they have no intention to put in apartments. He explained that the R-4 zoning allows for single- family homes. He stated that the rezoning will allow a little different housing product. Mr. Sullivan asserted that it is getting more and more difficult for first time home buyers to find housing so increasing the density will make houses more affordable for that group. Chairwoman Hoch called for proponents and opponents. Mr. Brandon Bachman, 11010 Freeboard Drive, stepped forward as a neighboring resident. Mr. Bachman stated that his immediate concern was that multi -family units would be built across the street from his home. He expressed relief that it would not be multi -family units. Mr. Bachman expressed opposition to the request due to his concerns about traffic. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Erdman acknowledged the challenging topography of the property. He noted concern about the proposed density because allowing five- foot interior yard setbacks could add more residences. He requested more information about the density and the house price level. Mr. Sullivan explained that high apartment demand is related to older populations who do not want to keep up with household maintenance and the lack of affordable housing for first time homebuyers. He stated that the developer has a similar type of housing in Gretna, and the starting price before construction was $ 225, 000 but when completed it was $ 325, 000. He noted concern about people being able to purchase homes and start the American dream of building equity. Mr. Sullivan identified that the City's comprehensive plan encourages a diversity of homes. Mr. Sullivan asserted that the Granite Falls North PUD has immediate access to two arterial roads, so residents in the PUD have no reason to go through the other phases of Granite Falls North. He noted that S 114th Street would be widened. He explained that the OPPD easement in the PUD would be a large green space with a walking trail and exercise equipment. Mr. Erdman asked about the types of homes that will be built on these properties. He noted concern that the small driveways and short garages will create street parking would create an 3 Planning Commission January 31, 2024 issue for snow removal emergencies. Mr. Sullivan advised that the applicant would work with staff on resolving those issues before Final Plat approval. Mr. Sullivan discussed the importance of affordable housing options as reflected by the legislative bills at the Nebraska Legislature. Mr. Goff commented that some grading rework would be needed since the majority of the grading is already complete. He noted that the grades will not significantly change. Mr. Erdman commented that the green space in an OPPD easement has limited uses so it should not be counted the same as a green space that is not in an easement. Mr. Mielke inquired about the proposed improvements to S 114th Street improvements. Mr. Sullivan explained that S 114' h Street will be improved from Cornhusker Road to Highway 370 and a traffic signal will replace the roundabout at S 114th and Lincoln Road. Mr. Goff clarified that Sarpy County would improve S 114th Street south of Lincoln Road and the Granite Falls North SID has obligations for S 114th Stret north of Lincoln Road. Mr. Mielke expressed concern that the five- foot varying front yard setbacks would not make a difference on the visual effect created from the wall of garages. He also noted concerns about parking and driveway layouts. Mr. Mielke referenced other alternatives such as alleys with rear loaded garages. Mr. Sullivan deferred to staff. Mr. Gibbons advised that the City of Papillion is always looking for creative ideas for housing. He noted that the current ordinances do not require the design alternative suggested by Mr. Mielke. Mr. Gibbons discussed how the PUD conforms to the City' s Affordable Housing Action Plan. He further explained that it would be cost prohibitive to move the existing infrastructure to achieve an alley -loaded design. Chairwoman Hoch asked about the green space and about recreation opportunities in the other phases of the development. Mr. Sullivan deferred. Ms. Romeo clarified that Granite Falls North has a trail system that will extend into Granite Falls North Replat 1, which will have workout stations. She noted that the nearest public park with playground equipment is in Kingbury Hills. Mr. Carson asked about whether five-foot setbacks are allowed in the surrounding communities. Mr. Sullivan advised that the surrounding communities all have five- foot side yard setbacks as the normal setback. Mr. Goff identified the Grove development in Omaha as an example of a quality development with five- foot setbacks. Mr. Carson expressed support for allowing a five- foot setback to support affordable housing in the City of Papillion. Mr. Wilson questioned whether the intention is to add more lots in the development and how many lots would be added. Ms. Romeo advised that 73 lots would be added since Phase 4 originally had 110 lots and Replat 1 has 183 lots. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson, to recommend approval of the Granite Falls North Replat 1 Change of Zone ( CZ- 23- 0007) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Six yeas, No nays. Motion passed. Final Plat —A request to approve the Final Plat for the property legally described as a replatting of Lots 180 — 289 and Outlots L — P and S, Granite Falls North, generally located at the SE corner 4 Planning Commission January 31, 2024  of S 114th Street and Cornhusker Road. The applicant is Richland Homes, LLC. ( Granite Falls North Replat 1) FP- 23- 0010 Chairwoman Hoch called for the applicant. Mr. Pat Sullivan, 1246 Golden Gate Drive, Papillion, stepped forward to represent the applicant. He offered to answer questions. Mr. Mielke inquired about the trail system connecting to the Cornhusker Road trail system. Mr. Sullivan advised that the connection would be addressed with staff. Chairwoman Hoch called for Commission Discussion. With no further discussion, Motion was made by Mr. Robinson, seconded by Mr. Wilson, to recommend approval of Granite Falls North Replat 1 Final Plat ( FP- 23- 0010) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Six yeas, No nays. Motion passed. Preliminary Plat —A request for a Preliminary Plat for the property legally described as the E1/ 2 of the SE1/ 4 located in Section 3, T13N, R11E of the 6th P. M., Sarpy County, NE, generally located at the Northwest corner of S 156th Street and Capehart Road. The applicant is Prairie Tower Business Park, LLC. ( R & R Commerce Park South Three) PP- 23- 0006 Chairwoman Hoch opened the public hearing, called for the applicant, and stated that the R & R Commerce Park South Three project had agreed to a continuance. Mr. Pat Sullivan, 1246 Golden Gate Drive, Papillion, stepped forward to represent the applicant. Patrick Sullivan on behalf of the applicant, agreed with the staff recommendation of a continuance. Chairwoman Hoch reminded the Commission the procedure for a continuance. Mr. Sullivan advised that the applicant would like to hear from neighbors and citizens on the proposed plan. Chairwoman Hoch called for proponents and opponents. Steven Nabity, 16010 Capehart Road, Gretna, NE 68028, spoke as neither a proponent nor opponent. Mr. Nabity requested more information about the project and made himself known to the applicant as a neighboring property owner. Seeing no further public input, Chairwoman Hoch left the public hearing open and opened the floor for Planning Commission discussion or a motion of continuance. With no further continue of discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson to the the R & R Commerce Park South Three Preliminary Plat ( PP- 23- 0006) to a future Planning Commission meeting. Roll call: Six yeas, no nays. Motion passed. Change of Zone —A request for a Change of Zone from AG Agricultural to LI Limited Industrial for the property legally described as Tax Lot 3A1B1 and Tax Lot 3A1B2 located in Section 2, 5 Planning Commission January 31, 2024 T13N, R11E of the 6" P. M., Sarpy County, NE., generally located at the Northwest corner of S is Prairie Tower Business Park, LLC. ( R & R 156' Street and Capehart Road. The applicant Commerce Park South Three) CZ-23- 0006 Chairwoman Hoch opened the public hearing, called for the applicant, and stated that the R & R Commerce Park South Three project had agreed to a continuance. Mr. Pat Sullivan, 1246 Golden Gate Drive, Papillion, stepped forward to represent the applicant. Patrick Sullivan on behalf of the applicant, agreed with the staff recommendation of a continuance. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open and opened the floor for Planning Commission discussion or a motion of continuance. With no further discussion, Motion was made by Mr. Robinson, seconded by Mr. Erdman to the continue of the R & R Commerce Park South Three Change of Zone ( CZ- 23- 0006) to a future Planning Commission meeting. Roll call: Six yeas, no nays. Motion passed. Comprehensive Plan Amendment — A request for a Comprehensive Plan Amendment for the property legally described as the E1/ 2 of the SE1/ 4 located in Section 3, T13N, R11E of the 6th P. M., Sarpy County, NE, generally located at the Northwest corner of S 156" Street and Capehart Road. The applicant is Prairie Tower Business Park, LLC. ( R & R Commerce Park South Three) CPA- 23- 0003 Chairwoman Hoch opened the public hearing, called for the applicant, and stated that the R & R Commerce Park South Three project had agreed to a continuance. Mr. Pat Sullivan, 1246 Golden Gate Drive, Papillion, stepped forward to represent the applicant. Patrick Sullivan on behalf of the applicant, agreed with the staff recommendation of a continuance. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open and opened the floor for Planning Commission discussion or a motion of continuance. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson to grant the continuance of the R & R Commerce Park South Three Comprehensive Plan Amendment CPA- 23- 0003) Roll call: Six yeas, no nays. Motion passed. Large Project Special Use Permit — A request for a Large Project Special Use Permit for the property legally described as the E1/ 2 of the SE1/ 4 located in Section 3, T13N, R11E of the 6th P. M., Sarpy County, NE, generally located at the Northwest corner of S 156" Street and Capehart Road. The applicant is Prairie Tower Business Park, LLC. ( R & R Commerce Park South Three) SUP- 23- 0003 Chairwoman Hoch opened the public hearing, called for the applicant, and stated that the R & R Commerce Park South Three project had agreed to a continuance. 6 Planning Commission January 31, 2024 Mr. Pat Sullivan, 1246 Golden Gate Drive, Papillion, stepped forward to represent the applicant. Patrick Sullivan on behalf of the applicant, agreed with the staff recommendation of a continuance. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open and opened the floor for Planning Commission discussion or a motion of continuance. With no further discussion, Motion was made by Mr. Robinson, seconded by Mr. Mielke to grant the continuance of the R & R Commerce Park South Three Large Project Special Use Permit SUP- 23- 0003) to a future Planning Commission meeting. Roll call: Six yeas, no nays. Motion passed. OTHER BUSINESS With no further business to come before the Commission, Motion was made by Mr. Carson, seconded by Mr. Robinson, to adjourn. Roll call: Six yeas, No nays. Motion passed. The meeting adjourned by unanimous consent at 7: 57 P. M. CITY QF' PAPILLION ebecca" Hob , Chairwoman 7 Planning Commission January 31, 2024