Planning Commission

MNNII'TE RECORD PAPILLION PLANNING COMMISSION MEETING April24,2024 The Papillion Planning Commission met in open ,session at the Papillion City Hall Council chambers on wednesday, April 24, 2024 at 7:oo pM. chainrvoman Rebecca H-och called the meeting to order. Planning & Legal Clerk Tarja Koistila called the roll. Planning Commission members present were Howard carson, Raymond Keller Jr., wayne wilson, Heither Bernady, Leanne sotak, chris Tointon, and craig Mielke. Mike Erdman and Herb rhompson 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. Chairwoman Hoch led those present in the pledge of Allegiance. N-otice the meeting was given in advance by publication in the sarpy county Times on April 16, _of ' 2024. Copies of proof of publication are on file at the office of the City Clerk. chairuoman Hoch announced that a copy of the open Meetings Act is posted in council Chambers. Approval of Aqenda Motion was made by Mrs. sotak, seconded by Ms. Bernady, to approve the agenda as presented. Roll call: Seven yeas, no nays. Motion carried. Approval of the Planninq Commission Minutes Motion was made by Mr. Mielke, seconded by Mr. carson, to approve the February 2g, 2024 minutes. Roll Call: Seven yeas, no nays. Motion carried. Amendment to the Approved Aqenda Motion was made by Mr. Keller, seconded by Ms. Bernady to amend the approved agenda to move item 8.3. Planning commission Rules & procedures (Mlsc 24-0006) to item-B.4 and replace it with item 8.4 Oath of Office of Mr. Tointon to the Planning Commission. Roll Call: 7 yeas, no nays. Motion carried. Oath of Office Mr. Tointon was sworn in to the role of Planning Commissioner by Assistant City Attorney Carla Heathershaw Risko. Planninq commission.Bules & Procedures Amendment A request to approve the 2024 - Amendment to the City of Papillion Planning Commission Rules and Procedures io allow planning Commissioners to make a motion to deny (or recommend denial) of a request. chainrvoman Hoch asked the applicant, the city of papillion, to speak. Ms. Romeo explained that this amendment will allow a Planning commissioner to make a motion to deny (or to iecommend 1 Planning Commission April24,2024 denial) instead of making a motion to approve (or recommend approval), and then voting against it to aihieve a denial (or iecommendation of denial). She explained that allowing a motion to deny (or to recommend denial) would provide the ability to make supporting statements to justify why the request should be denied. Mr. Carson asked for clarification on how the new voting procedures would function if a vote on a motion of denial was one yea and seven nays. Ms. Romeo explained that the Commissioners would need to further discuss the request until someone made a motion to either approve or deny that passed. Mr. Mielke wanted to know if a different denial motion could be made with different supporting evidence if the first denial motion one was not carried. Ms. Romeo confirmed that multiple motions could be made until one was Passed. Mr. Keller expressed concern about the change but wanted to know what other cities use. Ms. Romeo explained that other cities allow denial motions. She explained that using a motion to deny provided legal juslification that can be used in the event that a denial was challenged in a court. Chairwoman Hoch added that instead of a failed vote being a deny, now it would lead back to committee discussion until a vote of approval, denial, or continuance was passed. Mr. Keller and Mr. Wilson requested a list of legally sound reasons to deny an application. Mrs. Heathershaw Risko Said she would work with staff and prepare a list for the commissioner. Mr. Keller asked about voting against staff recommendations and Mr. Carson responded by explaining that difference between the roles of Planning Commissioner and staff in his view. Mr. Gibbons provided guidance on how a Planning Commissioner's interpretation could be different than staffs interpretation of a request. Ms. Romeo noted that staffs recommendation could be denial, although that is an uncommon occurrence. Chairwoman Hoch asked if a motion with a recommendation of denial was still able to go City council and Ms. Romeo conflrmed that it would because Planning commission is a recommending body. Chairuvoman Hoch suggested that they could approve the amendment with an amendment to wait to implement the new piocedure till next Planning Commission. Mr. Mielke asked if they approved if the amendment would take immediate effect. Chairwoman Hoch stated it would' With no further discussion, Motion was made by Mr. Mielke, seconded by Ms. Bernady, to approve the Planning Commission Rules and Procedures Amendment with the amendment to deiay implementation until the next Planning Commission meeting. Roll Call: Eight yeas, no nays' motion passes. Final plat - A request for a Final Plat for the property legally described as a replat of Lots 3-234 iIOE'iiSSa-S62, Lots 364-367, and Outlot B, Oak Leaf, generally located at SE corner of S 72nd Street and Capehart Road. The applicant is Gene Graves. FP'24-0001. (Oak Leaf Replat 1) Chainaroman Hoch opened the public hearing and called for the applicant. 2 Planning Commission Aptil24,2024  Mr' Foley, '14503 Grover st # 1 02, omaha, stepped forward to represent the applicant. He explained that the applicant wants to condense lot sizes so they can fii an extra 74 homes due to the changing builder for the subdivision. Ms. Sotak asked if the smaller lots would lead to lower home prices in the area. Mr. Foley said the target price for the lots is probably about $450,000. Mr. Mielke asked for clarification on the number and other changes happening. Foley confirmed the number of lots and that no other changes besides more sanitary sew6r stubi would be needed. Chairwoman Hoch asked about stormwater runoff. Mr" Foley explained stormwater runoff was not a concern due to the amount of green space. Mr. carson asked if Mr. Foley could share the name of the home builder. Mr. Foley confirmed it was D.R. Horton Homes. with no further discussion, Motion was made by Mr. carson, seconded by Ms. Bernady, to recommend approval of Oak Leaf Replat 1 (FP-24-0001) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Eight yeas, no nays. Motion passed. PUBLIC HEARINGS s@E'!-ArequestforaSpecialUsePermittoalloWReStaurantS(Drive-in/DriVe- Through or Fast-Food) as a principal use for the property legally described as Lot 2, LJI Addition, generally located at sE corner of Portal Road and S ggth circle. The applicants are shannon Taylorand Todd Petersen. SUP -24-0002 (Cabin Coffee) Chairuoman Hoch opened the public hearing and called for the applicant. Todd Peterson,'1 1304 Oakland Drive Papillion, explained he picked Papillion for the Cabin Coffee franchise because he is from Papillion, so he wanted to bring the business to papillion. Brad Barber, 406 North shore Drive, clear Lake lowa, gave a presentation on the building site plan and design, how Cabin Coffee operates, and the history of Cabin Coffee. Chairwoman Hoch called for proponents and opponents. Seeing no public input, Chairuvoman Hoch closed the public hearing and called for Commission Discussion. Mr. Tointon inquired about the Portal Road trail and whether a left turn land is currenly at S 99th Circle and Portal Road. Mr. Gibbons confirmed that Portal Road is a two-lane road with no lefi turn lane at S 99h Circle, but the City has plans for improvements to portal Road. Mr' Wilson asked about outdoor seating and expressed concerns about traffic. Mr. Barber confirmed that Cabin Coffee will have outdoor seating. 3 Planning Commission April24,2024 Ms. Bernady asked about employment numbers. Mr. Baber said that Cabin Coffee would have between two to six workers per shift. Mr. Mielke expressed concerns about traffic, trail design, and bike parking. He encouraged adding the a tum lane, adjusting the trail design, and adding extra bike parking. Mr. Gibbons conflrmed trails will line up. Mr. Carson asked about a traffic impact study and how many cars drive on Po(al Road each day. Mr. Barber stated approximately 12,000 cars driving on Portal Road each day. Mr. Carson expressed concerns about the design of Portal Road and traffic conditions. Mr. Gibbons confirmed that the traffic issues were contemplated, and that development will occur at some point. He noted that Public Works is working on design plans for improving Portal Road. Mr. Keller expressed concerns about traffic while noting that people will learn to navigate it. Mr. Meilke inquired whether the applicant was willing to look into building a turn lane on Portal Road. Chairwoman Hoch advised that Mr. Meilke's inquiry was not within the scope of the discussion. Mrs. Sotak expressed excitement about the project but noted that traffic was a concern. with no further discussion, Motion was made by Mr. Keller, seconded by Mr. Tointon, to recommend approval of the Cabin Coffee Special Use Permit (SUP-24-0002) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, compliant with Zoning and Subdivision Regulations. Roll Call: Eight yeas, no nays. Motion passed. SSWP Stormwatel Manaqement Polices - A request for a Comprehensive Plan Amendment to update the Southern Sarpy Watershed Partnership Slormwater Management Policies. The applicant is the City of Papillion. CPA-24-0001 (SSWP Policies) Chairwoman Hoch opened the public hearing and called for the applicant. Travis Gibbons explained that approximately every five years Southern Sarpy Watershed Partnership Stormwater Management Policies are reviewed and updated if needed. He noted that the proposed Comprehensive Plan Amendment would adopt updated policies related to water quality, peak flows, and stream setbacks. Chairwoman Hoch called for any proponents or opponents. Seeing and hearing none, Chairuoman Hoch closed the public hearing and opened the floor for commission discussion. Mr. Carson expressed concerns about erosion and sediment control measures that failed during subdivision development and impacted Prairie Queen Recreation Area. Ms. Romeo explained that erosion and sediment control is covered by Chapter 206 of the City of Papillion's Municipal Code. 4 Planning Commission Aptil24, 2024 With no further discussion, Motion was made by Mr. Keller, seconded by Ms. Bernady, to recommend approval of the Comprehensive Plan Amendment to update the SSWP Stormwater Management Polices (CPA-24-0001) because it is generally consistent with the Comprehensive Plan, compliant with zoning and Subdivision Regulations. Roll call: Eight yeas, no nays. Motion passed. PGWP stormwater Manaqement Polices - A request for a comprehensive plan Amendment to update the Papillion Creek Watershed Partnership Stormwater Management Policies. The applicant is the City of Papillion. CPA-24.0002 (PCWP poticies) Chairwoman Hoch opened the public hearing and called for the applicant. Ms. Romeo explained that the Papillion Creek Watershed Polices are typically reviewed and updated, if needed, in five-year intervals. She explained that the PCWP Watershed Polities apply north of the ridge line. She advised thal the most significant update will require channel surveys to determine if new developments need a stream buffer. Chairwoman Hoch called for any proponents or opponents. Seeing and hearing none, Chairwoman Hoch closed the public hearing and opened the floor for commission discussion. Mr. Mielke asked how the changes to the policies affect current applications in progress with the planning department. Ms. Romeo stated that applications are reviewed under the regulations that were in place when they were submitted, so the update in policies would only affect future applications. with no further discussion, Motion was made by Mr. Mielke, seconded by Ms. Bernady, to recommend approval of the comprehensive plan Amendment to update the pcwp stormwater Management Polices (CPA-24-0002) because it is generally consistent with the Comprehensive Plan, compliant with Zoning and subdivision Regulations. Roll call: Eight yeas, no nays. Motion passed. Preliminarv Plat Application Requirements - A request for O rdinance #2022lo amend Chapter 170 (Subdivision of Land), Article lV (Plat Review and Submittal Requirements) of the Papillion Municipal Code having to do with preliminary plat supplemental materials as it relates to the Comprehensive Plan Amendments to adopt stormwater policies for the Papillion Creek and Southern Sarpy Watersheds. The Applicant is the City of papillion. TC- 24-OOO1. Chairuvoman Hoch opened the public hearing and called for the applicant. Ms. Romeo explained that the ordinance amendment will formalize the SSWp and pcwp stormwater Management policy updates to require a stream survey within 12 months of a Preliminary PIat application. Chairwoman Hoch called for any proponents or opponents. 5 Planning Commission Aptil24,2024 Seeing and hearing none, Chainrvoman Hoch closed the public hearing and opened the floor for commission discussion. Mr. Mielke inquired whether any other ordinance updates are required due to the policy updates. Ms. Romeo explained that Chapter 206 would also be amended to reflect the stormwater management policy updates; however, Chapter 206 amendments do not require a Planning Commission recommendation. She explained that the policy updates will require seven actions at City Council. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Wilson, to recommend approval of Ordinance #2022 (TC-24-0001) because Nebraska State Statutes 19- g16 through 19-92l allows for the adoption regulations related to subdivisions and it is generally consistent with the Comprehensive Plan. Roll Call: Eight yeas, no nays. Motion carried. OTHER BUSINESS Nick Guina from the Papillion Fire Department introduced himself to the Planning Commission and explained his role in the development review process. With no further business to come before the Commission, Motion was made by Mr. Tointon, seconded by Ms. Bernady, to adjourn. Roll call: Eight yeas, No nays. Motion passed. The meeting adjourned by unanimous consent at 8:24 P.M. CITY OF PAPILLION 6 Planning Commission April24,2024