Planning Commission

MINUTE RECORD PAPILLION PLANNING COMMISSION MEETING MAY 29, 2024 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, May 29, 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, Raymond Keller Jr., Heather Bernady, Mike Erdman, Herb Thompson, Chris Tointon, and Craig Mielke. Leann Sotak 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. 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 May 15, 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. Bernady, seconded by Mr. Carson, to approve the agenda as presented. Roll call: Eight yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Ms. Bernady, seconded by Mr. Tointon, to approve the April 24, 2024 minutes. Roll Call: Eight yeas, no nays. Motion carried. Presentation by HDR – Western Sarpy Transportation Enhancement Plan (WE-STEP) Chairwoman Hoch called for the presenter. James Boerner, 2222 Cumming Street (Omaha), transportation planner with the Omaha Council Bluffs Metro Planning Agency, provide an overview of WE-STEP. He explained the project was started by Gretna and joined by Springfield, Papillion, and Sarpy County. Mr. Boerner introduced Jason Carbee, 1917 S 67th Street (Omaha), Transportation Planner with HDR, to speak on the details of the plan. Mr. Carbee explained the study area is the southwest portion of Sarpy County from Schram Road south to the river and west of 72nd Street. It is currently rural in nature but will be urbanizing. He advised that the WE-STEP plan hopes to get all the communities on the same page about how to lay out the road networks when urbanization occurs. Mr. Carbee further discussed how the research was conducted for travel and population projections. He also emphasized the need to look at all forms of travel, not just automobiles. He explained that the plan should be flexible and adjust to growth as it happens. He noted that WE- STEP looks to 2050 and beyond. The plan will develop tools to help jurisdictions adhere to the design standards that will be agreed on. Mr. Carbee showed the difference between arterial sizes and design. For example, the arterial street design for S 168th Street and S 192nd Street has 150-foot-wide right-of-way to accommodate six lanes of traffic and a shared use path. More typical arterial designs will require 100 to 120 feet of right-of way to accommodate travel lanes and a shared use path. Mr. Carbee advised that the plan is expected to be finished this summer, so the participating jurisdictions can adopt it into their Comprehensive Plans. PUBLIC HEARINGS Change of Zone – A request for a Change of Zone for the property legally described Lots 6 and 7, Schewe Farms, Lots 1 and 2, Schewe Farms Replat 1, generally located at the NE corner of S 120th Street and HWY 370. The applicant is Gerald Torczon. CZ-24-0001 (Schewe Farm) Chairwoman Hoch opened the public hearing and called for the applicant. Pat Sullivan, 1413 S Washington Street Suite 300, explained that they are trying to simplify the development process by going from a Mixed Use district to Community Commercial zoning. He noted that the desired uses are permitted in the Community Commercial District. Chairwoman Hoch called for proponents and opponents. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Carson asked the engineer about the elevation change on the property and inquire whether the developer will have adequate protection to keep mud and runoff from going downhill to the Schram Creek. Randy Kuzak, 4710 W Dodge Road (Omaha), responded that the site plan is conceptual; however, substantial erosion control efforts will be needed when the lots developed. He advised that the developer would work with Public Works during the grading permit process to identify appropriate erosion control measures. For example, it is anticipated that a detention basin for the large lot would act as a temporary sediment control basin during construction while the smaller lots will have silt fences. Mr. Erdman asked if the reason for changing the zoning was to create an entertainment district. Mr. Sullivan explained that the lots are not part of the entertainment district developing to the west. He noted that the change is to simplify the process because the desired uses for the development already fit the Community Commercial District. With no further discussion, Motion was made by Mr. Carson, seconded by Mrs. Bernady, to recommend approval of Schewe Farms (CZ-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 carried. Preliminary Plat – A request for a Preliminary Plat for the property legally described W1/2 of the SW1/4 of the NW1/4 of Section 10, T13N, R11E of the 6th P.M., Sarpy County, NE, generally located Southeast of S 168th Street and Capehart Road. The applicant is Metropolitan Utilities District. PP-24-0001 (Southwest Reservoir and Pumping Station) Chairwoman Hoch opened the public hearing and called for the applicant. Derek Gardels, 1917 S 67th Street (Omaha) explained that the project was identified in the Metropolitan Utilities District’s 2022 water system master plan. He noted that it is needed to handle the expected growth in that area. Mr. Gardels advised that the reservoir and pumping station is planned to be built in phases and in compliance with the City of Papillion ordinances. Chairwoman Hoch called for proponents and opponents. George Schram, 16502 Capehart Rd, stated he was the one who sold the land to the Metropolitan Utilities District but had questions about the purpose of the meeting. Mr. Gibbons explained the process the development process which includes platting and changing of zone and public hearings at Planning Commission and City Council. Mr. Schram told the Commission that crime is now happening on his property after he sold the land. Mr. Erdman recommended he contact the county sheriff's office to see if they can help. Seeing no more public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Erdman asked about the time frame of population growth in that area. Mr. Gardels explained that the need for a reservoir and pump station site was identified in the Metropolitan Utilities District’s 2022 water system master plan. He advised that Phase 1 construction is anticipated in the near future; however, the second phase would be beyond 10 years. Mr. Carson wanted to know what the final design would look like and if it held sewage or treated water. Mr. Gardels responded it is finished water with a roof on it in a large round concrete structure. Mr. Mielke asked if the plan could change and be pushed closer to future growth. Mr. Gardels explained that the site improvement could go slightly to the east to accommodate additional S 168th Street right-of-way. Mr. Mielke said he has a water reservoir near his house in Summit Ridge. He expressed support for the Metropolitan Utilities District’s future planning. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Keller, to recommend approval of MUD (PP-24-0001) because it is generally consistent with the Comprehensive Plan and future use contingent on the applicant addressing staff comments prior to City Council. Roll Call: Seven yeas, no nays, one abstention by Ms. Bernady because she works for HDR. Motion carried. Change of Zone– A request for a Change of Zone for the property legally described W1/2 of the SW1/4 of the NW1/4 of Section 10, T13N, R11E of the 6th P.M., Sarpy County, NE, generally located Southeast of S 168th Street and Capehart Road. The applicant is Metropolitan Utilities District. CZ-24-0002 (MUD) Chairwoman Hoch opened the public hearing and called for the applicant. The applicant had nothing further to add. 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. Carson, seconded by Mr. Erdman, to recommend approval of MUD (CZ-24-0002) 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, one abstention by Ms. Bernady because she works for HDR. Motion carried. Ordinance Amendment- A request to amend Article XXIII (PUD Planned Unit Development Overlay District) having to do with regulations applicable to residential development and open space requirements within Planned Unit Development Overlay Districts. TC-24-0002 (PUD Update) Chairwoman Hoch opened the public hearing and called for the applicant. Mr. Gibbons explained that the ordinance amendment would give the Planned Unit Development ordinance guidelines to foster creative developments that go above and beyond a standard zoning district. He noted that the Planned Unit Development overlay is a voluntary request that developers can go through. He advised that the update focuses on driveways, garage locations, building elevations, mixing of uses, and open space requirements. Mr. Gibbons then showed pictures of different examples of what the City should avoid and what the City should promote. Pictures of development to avoid included houses with rows of driveways, buildings with the same façade, and streetscapes dominated by garages. Pictures of development to promote focused on rear or side loaded garage, front porches, and varying building elevations. Mr. Gibbons discussed the need for open space to offset setback reductions and what will count for the requirement if the amendment is approved. Chairwoman Hoch called for proponents and opponents. Seeing no public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Carson inquired about the impact on the cost of homes as housing affordability is a concern. Mr. Gibbons explained that many places all over the United States already build this way. He noted that the overall impact was not known; however, there would be less costs for smaller driveways and alleys. He indicated that the changes to the facades would be slight adjustments. Mr. Gibbons advised that homes in PUD could be smaller, which could lower overall costs. Mr. Carson supported what was being proposed; provided that is applies only to when a voluntary Planned Unit Development overlay is requested. Mr. Gibbons confirmed that a Planned Unit Development overlay is a voluntary request since a developer can build homes following the regulation of a base zoning district. Mrs. Bernady asked about rear alley access and parking. Mr. Gibbons responded that the streets would still be 25 feet wide with on-street parking and additional parking could be created with parking pads. He noted that any alley maintenance would initially be a private cost through the homeowner’s association. Mr. Tointon talked about his experience with developments like those shown by Mr. Gibbons. He encouraged the Commission to look at concrete amounts and green space required in a Planned Unit Development. Mr. Erdman inquired if green space under utility easements such as under power lines could be limited to a 30% credit like detention and retention ponds. Mr. Gibbons advised the Planning Commission could amend the proposed ordinance to add that limitation. Mr. Mielke asked for clarification on how utility easements would be credited as open space. Ms. Romeo clarified the proposal is to restrict the utility easements to a 30% credit. Mr. Meilke expressed support for limiting utility easements to a 30% credit. Chairwoman Hoch asked for specific language for the amendment for the record. Motion by Mr. Erdman, seconded by Mr. Tointon, to amend proposed §205-136(A)(4) to read “Open Space, at least 20% any Planned Unity Development with residential uses shall be devoted to common open space, regardless of project size. Open space shall be land devoid of any aboveground structures or buildings, except for (1) landscape structures such as terraces, planters, walls, or retaining walls or (2) open-air structure and buildings such as pergolas, gazebos, pavilions, or similar open-air structures or buildings. Open space may include: (1) natural areas, (2) landscape buffer areas, (3) upland habitats, including those areas of on-site preservation, (4) conservation areas, (5) recreation areas which may include parks, golf courses, sports fields, bicycle, pedestrian or equestrian paths and facilities but shall not include swimming pools, tennis courts, or other impervious activity area, (6) common open space which may include common landscaping or planting areas, (7) stormwater detention and retention facilities and utility easements provided that no more than 30% of the overall open space requirement shall be satisfied in this manner, (8) water features other than stormwater detention and retention facilities, or (9) areas intended for public purposes other than street or road rights-of-way. Mr. Tointon seconded the motion. Roll Call: Eight yeas, no nays. Motion carried. Chairwoman Hoch wanted to know what it would take to adopt the prohibition of repeating facades in all development. Mr. Gibbons advised that an ordinance amendment would be required. He noted that applying the requirement to a voluntary zoning overlay is the first step. Mr. Erdman inquired about alley maintenance. Mr. Gibbons confirmed that alley maintenance would be a private cost to the homeowner’s association. He noted that alleys will need to meet fire access standards. Chairwoman Hoch expressed support for the amendment She noted that allowing conservation- based landscaping would also be a forward looking move for the community. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Mielke, to recommend approval of the amended Ordinance #2024 to amend Article XXIII (Planned Unit Development Overlay District) (TC-24-0002) based on consistence with the Nebraska Revised Statue § 19-901 and compatibility with § 205-128. Roll Call: Eight yeas, no nays. Motion carried. With no further business to come before the Commission, Motion was made by Mrs. Bernady, seconded by Mr. Tointon, to adjourn. Roll call: Eight yeas, No nays. Motion carried. The meeting adjourned by unanimous consent at 8:05 P.M. CITY OF PAPILLION __________________________ Rebecca Hoch, Chairwoman