CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT MAY 31, 2017 AGENDA I COMMERCE PRELIMINARY PLAT & CHANGE OF ZONE PP ; CZ

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1 I. GENERAL INFORMATION CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT MAY 31, 2017 AGENDA I COMMERCE PRELIMINARY PLAT & CHANGE OF ZONE PP ; CZ A. APPLICANT: Dowd Grain Co. 220 N. 89 th Street, Suite 201 Omaha, NE B. PROPERTY OWNER: Dowd Grain Co. 220 N. 89 th Street, Suite 201 Omaha, NE C. LOCATION: South of HWY 370 between I-80 and 156 th Street D. LEGAL DESCRIPTION: Tax Lot 2D and Tax Lot 7 of that part of the NW1/4 of Section 35, T14N, R11E and Lots 1 and 2, Corn s 2 nd Addition Replat 1, Tax Lot 8 and Tax Lot 9 of that part of the NE1/4, NW1/4 and SE1/4 of Section 34, T14N, R11E of the 6 th P.M., Sarpy County, NE E. REQUESTED ACTION: Approval of a Preliminary Plat and a Change of Zone from Agricultural (AG), General Commercial (GC), and Limited Industrial (LI) to MU (Mixed Use) F. EXISTING ZONING AND LAND USE: Agricultural (AG), General Commercial (GC), and Limited Industrial (LI), undeveloped with the exception of the commercial use established on Tax Lot 2D. G. SIZE OF SITE: acres II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Future Land Use Map identifies the proposed development area as Business Park.

2 2 B. EXISTING CONDITION OF SITE: Undeveloped, with the exception of a commercial building on Tax Lot 2D. C. GENERAL VICINITY AND LAND USE: The area to the north that is within the City of Papillion s jurisdiction consists of 370 North, which is primarily Mixed Use (MU) and intended to be developed with a mix of commercial and industrial uses. The areas to the north and west, across I-80 that are within Sarpy County s jurisdiction are zoned General Business (BG) and Agricultural Farming (AG). The BG District is partially developed with commercial uses. The AG District is undeveloped. The area to the east consists of Corn s Addition, Commerce Business Centre, Krambeck Industrial Park, which are all zoned LI and partially developed with a mix of commercial and industrial property. The area to the east also consists of unplatted land, which is zoned Agricultural (AG) and primarily undeveloped, with the exception of commercial use (Lil Annie s Nursery). The area to the south, across Schram Road, is zoned Agricultural (AG) and undeveloped. D. RELEVANT CASE HISTORY: In 1984, the Sarpy County Board of Commissioner s approved Corn s Addition. Replat 1 was subsequently approved as an administrative replat in Replat 2 was subsequently approved as an administrative replat in In 2001, the Sarpy County Board of Commissioner s approved Commerce Business Centre. It was subsequently replatted six times between 2002 and In 2015, the Sarpy County Board of Commissioner s approved Krambeck Industrial Park. In 2015, the Papillion City Council approved ORD #1715 for the City s 2015 Annexation and ORD #1716 to extend the City s corresponding extra-territorial jurisdiction. As a result of ORD #1716, a portion of the proposed development area was brought within the City of Papillion s extra-territorial jurisdiction. In 2016, the Papillion City Council approved ORD #1737 for the City s 2016 Annexation and ORD #1738 to extend the City s corresponding extra-territorial jurisdiction. As a result of ORD #1738, the entire area of the proposed development was brought within the City of Papillion s extra-territorial jurisdiction. Prior to the extension of the City of Papillion s extra-territorial jurisdiction, the areas included within this proposed subdivision were within Sarpy County s jurisdiction and zoned AG (Agricultural Farming), IL (Light Industrial) and BG (General Business). The foregoing zoning was approved by Sarpy County separately from a final plat, with the exception of Lots 1 and 2, Corn s 2 nd Addition Replat 1, so the majority of the proposed development area has never been platted. May 31, 2017 Planning Commission PP / CZ

3 3 In 2016, City Council adopted the Sarpy County Future Land Use Map for the HWY 50 and HWY 370 Sub-Area. The proposed development is located within said sub-area. E. APPLICABLE ORDINANCES AND REGULATIONS: Zoning and Subdivision Regulations and Comprehensive Plan. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for a Preliminary Plat and Change of Zone North is proposed to consist of 39 lots. The Mixed Use District is proposed to be developed with civic, commercial, industrial, and office uses. 3. Seven outlots are proposed. The outlots are to be used for sewer and drainage. They will be owned and maintained by the I Commerce Business Association. The applicant shall verify that Outlot G is intended to be used for sewer and drainage. If an alternative purpose is proposed, the applicant shall revise the Preliminary Plat notes section accordingly. 4. The requested Change of Zone is from GC (General Commercial) and RE (Rural Residential Estates) to MU (Mixed Use). B. LAND USE/COMPREHENSIVE PLAN: 1. The current future land use designation is Business Park. The Business Park use type is intended to combine office, warehousing and distribution, and limited industrial uses in flex buildings, and more conventional industrial uses. (Comprehensive Plan, page 28) C. TRAFFIC AND ACCESS: 1. Access will be provided from: a. Shepard Street b. 156 th Street c. Schram Road 2. The Preliminary Plat includes the dedication of right-of-way for an internal public street system that will connect to 156 th Street and Schram Road. 3. The applicant shall verify that all necessary right-of-way has been dedicated for 150 th Street, Shepard Street, 156 th Street, and Schram Road. Any necessary dedication(s) shall be identified specifically on the preliminary plat as a right-of-way dedication. May 31, 2017 Planning Commission PP / CZ

4 4 4. The applicant shall provide written documentation that the Nebraska Department of Roads (NDOR) reviewed and will approve, if applicable, the following: a. The width of the intersection of 150 th Street and HWY 370. b. The need for any additional right-of-way for the realignment of 150 th Street. c. Continued access to 150 th Street from Lot The cul-de-sac (156 th Circle) proposed to serve Lot 18 will essentially function as a driveway as the other adjoining lot (Lot 17) will be provided access via Gold Coast Road. As such, it is not in the best interest of the SID and then the City upon annexation to have maintenance responsibility for such access. The applicant shall revise the Preliminary Plat and all supporting exhibits to eliminate 156 th Circle. The conversion of Lot 18 to a flag lot with a pole connecting to Gold Coast Road would be an acceptable alternative. A private driveway may then be constructed by the owner of Lot Shepard Street/156 th Street will essentially function as a minor arterial connection between HWY 370 and Schram Road. Staff is concerned about the number of lots and driveways that are proposed to have direct access to Shepard Street/156 th Street. The applicant shall revise the Preliminary Plat to either i) reduce the number of lots that have access to Shepard Street/156 th Street or ii) add notes that restrict access to Shepard Street/156 th Street to a defined number of shared access points. The second option will require the interconnection of parking lots between lots that share access points. 7. Staff understands that 164 th Circle is proposed to be a cul-de-sac due to financial concerns about adding an additional crossing over the drainageway. However, the limited access to Lots is a concern due to the number of high traffic generating uses identified on the Permitted Uses List. As such, the applicant shall either i) revise the Preliminary Plat to extend 164 th Circle to connect to 162 nd Street or ii) propose a restriction on the uses permitted on Lots Staff is concerned that Lot 1 s existing access to 150 th Street presents a safety concern. As a condition of the Subdivision Agreement, the applicant will be required to relinquish access to 150 th Street and provide access to Lot 1 via Shepard Street. The timing and terms of the access relocation shall be negotiated as part of the Subdivision Agreement process. 9. The applicant will be required to participate in future traffic signals and associated intersection improvements for the intersections of i) 150 th Street/HWY 370 and ii) 156 th Street and Schram Road. The responsibility for participation in these improvements will be addressed as a provision in the Subdivision Agreement. 10. The Subdivision Agreement will include a provision that requires the SID to enter into any necessary interlocal cooperation agreements May 31, 2017 Planning Commission PP / CZ

5 5 with Sarpy County. The applicant is encouraged to begin that process with Sarpy County to ensure that all roadway improvements and financial contributions are correctly identified. This includes, but is not limited, to: a. Recent improvements to 156 th Street from south of Cooper Street to Gold Coast Road; and b. Future improvements to 156 th Street from Gold Coast Road to Schram Road. c. Future improvements of the 150 th Street and HWY 370 intersection. d. Future Improvements to Schram Road. 11. Per Sarpy County Engineering Manager Pat Dowse, Depending on the uses of the proposed lots and any requirements to circulation, it may be in the best interest of the Developer to work with the County to prioritize the improvements from Gold Coast Road to Schram Road. D. PAVING: 1. The applicant shall revise the Street Profiles to identify the SSD or HLD values for all vertical curves. E. DRAINAGE/STORM SEWER: 1. Pond No.1 SB-1 appears to indicate ten 6 holes in the riser which seems excessive compared to the typical 2 diameter hole sizing for sediment basins. The applicant shall confirm that the hole sizing is correct. 2. The applicant shall provide a Post-Construction Stormwater Management Plan that includes all proposed lots. It appears that only the southern lots are intended to be served by shared community level treatment basins. F. WATER/SANITARY SEWER: 1. The proposed subdivision is located within Sarpy County s sewer service area and Metropolitan Utilities District s (MUD s) water service area. As such, the developer will be required to work with those entities for sanitary sewer and water services. The obligations related to this requirement shall be detailed in the Subdivision Agreement. 2. The applicant is proposing to connect to Sarpy County s Wood Hollow Outfall. A detailed study of the service capacity of Wood Hollow was performed by another engineering firm and it did not appear to include this area into their calculations. The applicant shall provide calculations showing this development area can be serviced by the Wood Hollow Outfall for review by Sarpy County Public Works and City staff. Further, the applicant shall provide written confirmation from Sarpy County Public Works that the necessary capacity is available and that connection to Wood Hollow will be provided. May 31, 2017 Planning Commission PP / CZ

6 6 3. Upon completion of the Wood Hollow Outfall assessment, the applicant shall revise the Sanitary Sewer plans to identify those portions of sewer, which will be considered an outfall. Only portion of the sanitary sewer which are outside the District boundary and service an area outside the District boundary may be considered an outfall for the purposes of qualifying for general obligation financing. 4. The sewer computations are presented in a format that is not typical for sanitary sewer. The applicant shall provide all of the design assumptions used based on the City of Omaha s most recent sewer element study. All base flow values should be in GPCD and peak flow in GPD and CFS. Further, the applicant shall indicate the calculated Capita for industrial/commercial use and the Peaking Factor and also add the Peak Velocity and Full Velocity at Minimum Slope to the table. 5. The applicant will be required to enter into an agreement with Sarpy County for sanitary sewer service. Any fees that are due to Sarpy County in conjunction with the final plat shall be paid prior to signature of the final plat mylars. G. UTILITIES/EASEMENTS: 1. Standard utility easements shall be provided along all lot lines. 2. All proposed easements shall be by separate instruments including a prescription outlining the rights and terms of the easements. Copies of the recorded documents shall be provided to the City of Papillion. H. MIXED USE DISTRICT: 1. The applicant shall revise the Permitted Uses list as follows: a. Alphabetize the use type categories. b. Eliminate the extra spaces under Civic Use Types. c. Under Automotive and Equipment Services, eliminate Trucks, heavy equipment, rental, sales, and services. This is not an identified use type and is redundant in that these uses are classified as Equipment Rental and Sales, which already appears on the Permitted Uses List. d. Correct Business or Trade School to be Business or Trade Schools. e. Consider eliminating Kennels as a use type because it allows for keeping dogs outdoors, which is not compatible with proposed uses such as Lodging. Pet Services, which allows for indoor care of dog, would be more appropriate in the context of the proposed district. It would also complement Veterinary Services. f. Consolidate Restaurants (drive-in), Restaurants (drivethrough), and Restaurants (fast food) to be Restaurants (drive-in/drive-through/fast food). g. Add Public Assembly as a complement to Religious Assembly. May 31, 2017 Planning Commission PP / CZ

7 7 h. Identify the sub-types of the Office Use Types that are allowed. i. Eliminate the duplicate Financial Services. j. Propose restrictions on the uses permitted on Lots should 164 th Circle remain a cul-de-sac. k. Correct Light an Industry to be Light Industry. 2. As noted above, the number of lots and driveways that propose direct access to Shepard Street/156 th Street is a concern. In the event that the applicant chooses to limit the lots to a defined number of shared access points, the applicant shall revise the Mixed Use Plan to show such defined accesses and the interconnection of parking lots between lots that share access points. Further, the proposed drive from Lot 11 to 156 th Street shall be aligned with existing adjacent Cooper Street to minimize turning movement conflicts. 3. The applicant shall revise the Mixed Use Plan to comply with (B)(2). 4. The Mixed Use Development Agreement (MUA) will be required to incorporate the Highway Overlay District regulations, the Commercial, Civic, and Office Design Guidelines, the Industrial Guidelines, and the NIZC model regulations. 5. The MUA must address views from I-80, HWY 370, 156 th Street, and Schram Road. 6. Outdoor storage is commonly associated with Automotive and Equipment Services uses, Recreational Vehicle Sales and Storage, and Industrial use types. The MUA must address such storage to ensure that it is not visible from I-80, HWY 370, 156 th Street, and Schram Road. The outdoor storage should be integrated into the development in manner that minimizes the visual impact to the public rights-of-way and surrounding lots. 7. Landscaping must be provided along I-80, HWY 370, and Schram Road. I. GENERAL: 1. The applicant shall revise the Preliminary Plat as follows: a. Per C(5), provide the legal descriptions for: i. The lots between Lot 5 and 6 that are not part of the Preliminary Plat. ii. The land south of Shepard Street. iii. The land east of 156 th Street. iv. The land south of Schram Road. v. The land west of Interstate 80 north of Outlot G. b C(7), dimension all lots. c. Identify instrument numbers for all existing easements. d. Add 150 th Street to Note 8 as access to 150 th Street shall be relinquished. May 31, 2017 Planning Commission PP / CZ

8 8 e. Remove 159 th Circle and convert Lot 18 to be a flag lot. f. If an alternative purpose is proposed for Outlot G, the applicant shall revise the notes section accordingly. g. Remove the proposed paving and utility line locations from the Preliminary Plat. This is more appropriately shown on the Paving Plan and the Utility Plan, respectively. h. Remove the existing buildings and other site improvements. This is more appropriately shown on an Existing Conditions exhibit. i. Remove existing and proposed contours. This is more appropriately shown on the Grading Plan. 2. The Source and Use of Funds (SUF) document is under review. Comments will be provided in writing to the applicant. Such comments shall be addressed by the applicant prior to City Council consideration of the Preliminary Plat. 3. The applicant shall provide an Existing Conditions exhibit that: a. Shows all existing buildings and other site improvements, such as wells, septic fields, accessory buildings, driveways, signs, and parking lots. b. Identifies existing trees. Clumps of numerous trees may be identified as a tree group. c. Identifies any existing buildings or site improvements that will require removal. Include the timing and who is responsible for removal. 4. The applicant shall confirm coordination with all applicable agencies and that all necessary permitting and agreements, as applicable, are being obtained including, but not limited to, the Army Corps of Engineers (404 Permit), MUD (water service), NDOR (Permit to occupy ROW and modifications to HWY 370, and approval of Sarpy County (sanitary sewer service and exterior roadway improvements). IV. RECOMMENDATION The Planning Department recommends approval of the I Commerce Preliminary Plat (PP ) and Change of Zone (CZ ) based on: 1. General consistency with the Comprehensive Plan. 2. Compatibility with adjacent uses. 3. Compliance with the Subdivision Regulations. 4. Compliance with the Zoning Regulations. The recommendation for approval is contingent upon the applicant: 1. Clarifying the purpose, ownership, and maintenance responsibility for the outlots per Section III, A, Verifying the need for right-of-way as described in Section III, C, Providing written documentation from NDOR as detailed in Section III, C, Revising 156 th Circle as described in Section III, C, Addressing access to Shephard Street/156 th Street as described in Section III, C, 6. May 31, 2017 Planning Commission PP / CZ

9 9 6. Addressing 164 th Circle as detailed in Section III, C, Addressing Sarpy County Engineer Pat Dowse s comment as detailed in Section III, C, Revising the Street Profiles as detailed in Section III, D, Revising the drainage study as described in Section III, E, Providing the PSCMP per Section III, E, Confirming the sanitary sewer capacity and revising the Sanitary Sewer plans as described in Sections III, F, Revising the sewer computations as detailed in Section III, F, Revising the Permitted Uses list per Section III, H, Revising the Mixed Use Plan to address Sections III, H, Revising the Preliminary Plat per Section III, I, Addressing any comments that result from the Source and Use of Funds review. (Section III, I, 2) 17. Providing an Exhibit Conditions exhibit. (Section III, I, 3) 18. Confirming coordination with all applicable agencies as described in Section III, I, 4. V. COPIES OF REPORT TO: Applicant Public upon request VI. ATTACHMENTS: Preliminary Plat Application Preliminary Plat Change of Zone Application Permitted Uses List Mixed Use Plan Aerial Report prepared by: Mark Stursma, Planning Director Derek Goff, Staff Engineer May 31, 2017 Planning Commission PP / CZ

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13 I COMMERCE 150TH STREET HIGHWAY 370 LOTS 1 THROUGH 39 AND OUTLOTS A THROUGH G SARPY COUNTY, NEBRASKA thompson, dreessen & dorner, inc Old Mill Rd Omaha, NE p Project Name PROJECT LOCATION 80 I Commerce IN TE RS TA T E SUBDIVIDER ENGINEER PHASE 1 LEGAL DESCRIPTION W VICINITY MAP TYPICAL SETBACKS FRONT YARD STREET SIDE STREET SIDE YARD AND LANDSCAPE BUFFER ALONG INTERSTATE 80 INTERIOR SIDE YARD REAR YARD LEGEND 100' 159TH CIRCLE 0' 200' 25 FEET 25 FEET 50 FEET Dowd Grain Co. 10 FEET 15 FEET 156TH STREET PHASE 2 Client Name AD IN T ER ST AT E 80 GOLD COAST RO 158TH STREET Professional Seal NOTES Revision Dates No. Description MM-DD-YY 156TH STREET 80 PHASE 3 Drawn By: MEM Job No.: Reviewed By: BPH Date: Sheet Title Preliminary Plat 164TH CIRCLE TE IN TE TA S R 162ND STREET MAPLE STREET W SCHRAM ROAD SCHRAM ROAD Sheet Number W Exhibit A

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16 PROPOSED, POSSIBLE USE TYPES I COMMERCE SARPY COUNTY, NEBRASKA Commercial Use Types Agricultural sales and Services Automotive and Equipment Services o Automotive rental and sales o Auto services o Body Repair o Equipment rental and sales o Equipment repair services o Trucks, heavy equipment rental, sales and services Business Support Services Business or Trade School Cocktail Lounge Commercial Recreation (Controlled) Commercial Recreation (High Impact) Communication Services Construction Sales and Services Consumer Services Food Sales o Convenience Food Sales Limited Food Sales Garden Center Kennels Lodging Personal Services Recreation Vehicle Sales and Storage Research Services Restaurants (drive-in) Restaurants (drive-through) Restaurants (fast food) Restaurants (general) Retail Services (Large) Retail Services (Limited) Retail Services (Mass) Storage (Limited Access) Trade Services Veterinary Services Office Use Types Corporate Offices

17 Data Center Financial Services General Offices Financial Services Medical Offices Civic Use Types Administration Health Care Hospital Postal Facilities Religious Assembly Safety Services Industrial Use Types Custom Manufacturing Light an Industry General Industry Warehousing (Enclosed)

18 164TH CIRCLE 159TH CIRCLE 156TH STREET 158TH STREET 156TH STREET I COMMERCE HIGHWAY TH STREET LOTS 1 THROUGH 39 AND OUTLOTS A THROUGH G SARPY COUNTY, NEBRASKA thompson, dreessen & dorner, inc Old Mill Rd Omaha, NE p PROJECT LOCATION SUBDIVIDER INTERSTATE 80 Project Name I Commerce ENGINEER PHASE 1 LEGAL DESCRIPTION W VICINITY MAP LEGEND PHASE 2 TYPICAL SETBACKS FRONT YARD STREET SIDE STREET SIDE YARD AND LANDSCAPE BUFFER ALONG INTERSTATE 80 INTERIOR SIDE YARD REAR YARD 25 FEET 25 FEET 50 FEET 10 FEET 15 FEET Client Name Dowd Grain Co. 0' 100' 200' GOLD COAST ROAD INTERSTATE 80 Professional Seal NOTES Revision Dates No. Description MM-DD-YY MAPLE STREET INTERSTATE ND STREET PHASE 3 Drawn By: MEM Reviewed By: BPH Job No.: Date: Sheet Title Mixed Use Plan W SCHRAM ROAD SCHRAM ROAD W Sheet Number Exhibit H

19 Area of Application I Commerce PP ; CZ