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- SARPY COUNTY
- DEPARTMENT OF PLANNING & BUILDING
- Sarpy County Courthouse Annex
- 1257 Golden Gate Drive, Suite 10W
- Papillion, Nebraska 68046
- Phone (402) 593-2156
- Fax (402) 593-4335
Ken Tex, Chief Building Inspector/Planning Coordinator
August 18, 1999
- Sarpy County Board of Commissioners
- Sarpy County Courthouse
- 1210 Golden Gate Drive
- Papillion, Nebraska 68046
The Sarpy County Planning Commission held its regular monthly meeting
Wednesday, August 18, 1999 in the County Board Room at the Sarpy County Courthouse,
Papillion, Nebraska. Chair Meyer called the meeting to order at 7:30 p.m. with the
following members present: Charles Denny, Bill Leonard, John Johnson, Marcia Matthies,
Dennis Nichols, Wendy Gottsch, Thomas Wees and Alan Wear. Absent were Charles Buller and
Joe Mangiamelli. Ken Tex, Sarpy County Chief Building Inspector/Planning Coordinator,
Cindy Gilbert, Recording Secretary were also present.
Chair Meyer asked for any reports from commissioners. There were none.
Chair Meyer asked for a motion to approve the agenda as submitted.
Johnson moved, seconded by Denny, to approve the agenda as submitted. Ballot: Ayes -
Denny, Leonard, Johnson, Matthies, Nichols, Gottsch, Wees and Wear. Nays - none. Absent -
Buller and Mangiamelli. Motion carried.
Chair Meyer asked for additions or corrections to the minutes of the
previous meeting. Cindy Gilbert added N1/2 to the legal description of
Barkley Farms, Inc. Johnson moved, seconded by Gottsch, to approve the addition to the
minutes. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Nichols, Gottsch and Wear. Nays
- none. Abstain - Wees. Absent - Buller and Mangiamelli. Motion carried.
Notice of this meeting and the applications to be heard was published
in the Bellevue Leader. Notice of the meeting and the agenda were sent to all members of
the Sarpy County Planning Commission and the applicants.
Consent Agenda:
No applications were listed on the consent agenda.
Regular Agenda:
1. Rachel Slobotski of 5627 Hickory Street, Omaha, NE 68106 requests a
change of zone from AG to AGD and a preliminary/final plat on a subdivision to be known as
Blue Sky on the following described property, to wit: Tax Lot 3A located in the NW1/4 of
Sec 35, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska.
Rachel Slobotski explained that they were looking to split their land,
build a house on their lot and sell the other one.
The question was raised concerning the driveway. Ken Tex addressed the
commissioners by saying that this was referred to as a flag lot and the lane from Ruff
Road was part of the lot. The other lot has access from 228th Street, and there
would still be 10.1 acres after the road dedication.
Chair Meyer entertained a motion to change the zone. Nichols moved,
seconded by Wees to recommend a change of zone from AG to AGD as it complies with the
comprehensive development plan. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Nichols,
Gottsch, Wees and Wear. Nays - none. Absent - Buller and Mangiamelli. Motion carried.
Nichols then moved, seconded by Wear to recommend approval of the
preliminary/final plat as it conforms to the comp plan. Ballot: Ayes - Denny, Leonard,
Johnson, Matthies, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - Buller and
Mangiamelli. Motion carried.
2. Michael & Susan Patak of 8787 S 204th Street, Gretna,
NE 68028 requests approval of a change of zone from AG to AGR (Lot 1) and AG to AGD (Lot
2) and a preliminary/final plat of a subdivision to be known as Sarpy Heights III Replat 1
on the following described property, to wit: Being a replatting of Lot 2, Sarpy Heights
III, a subdivision as surveyed, platted and recorded in Sarpy County, Nebraska. (Hwy 6
& Lindale Drive)
Susan Patak introduced herself and reiterated their plan to split their
lot so that they can sell their existing home and possibly build a new one on lot 2.
Rodney Oberle, S.I.D. 34 Chairman, addressed the commissioners on
behalf of the Board of Trustees for the S.I.D.
He read into record the minutes of the meeting that pertained to the
Patak=s request to the Planning Commission for a
change of zone and a preliminary/final plat. The S.I.D. indicated that, although they had
some concerns, most of them were addressed and answered during the meeting. With that in
mind, S.I.D. 34 voted to give their support of the Patak=s
request by recommending to the planning commission that approval be given.
Susan Patak answered a question by Thomas Wees concerning the future
land use being commercial by saying that someone had originally planned a golf course in
that area which would explain a commercial use in a predominantly residential area.
Nichols moved, seconded by Matthies, to recommend approval of an
amendment to the comprehensive development plan that would show residential low instead of
commercial. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Nichols, Gottsch, Wees and
Wear. Nays - none. Absent - Buller and Mangiamelli. Motion carried.
Matthies moved, seconded by Wees, to
recommend approval of a change of zone from AG to AGR on Lot 1 and From AG to AGD on Lot 2
as it complies with the comprehensive development plan. Ballot: Ayes - Denny, Leonard,
Johnson, Matthies, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - Buller and
Mangiamelli. Motion carried.
Chair Meyer entertained a motion for the
preliminary/final plat. Leonard moved, seconded by Gottsch, to recommend approval of the
preliminary/final plat as it conforms to the comp plan. Ballot: Ayes - Denny, Leonard,
Johnson, Matthies, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - Buller and
Mangiamelli. Motion carried.
3. Glen Hansen of R.R. 2, Box 15, Syracuse, NE requests a change of
zone from IL to AG on the following described property, to wit: The South 1/2 of the SE1/4
of Sec 25, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.
Mike Jones, attorney for Glen Hansen and
family, gave a brief explanation of the reason for changing the zone. Being in a
commercial zone will cause them to lose greenbelt value. Since the land did not sell to
Shopko as originally planned, it will continue to be farmed.
Dan Pittman, Sarpy County Assessor, spoke
to the commissioners about how his office interprets the State Statutes concerning the
greenbelt issue. He has recently drafted a letter to Cathy Lang, Director of the State
Department of Property Taxation and Assessment, requesting six (6) zones, including IL
(Light Industrial) be clarified as accepted zoning to retain greenbelt value. He indicated
that if the property was zoned to AG that the greenbelt recapture could possibly be waived
despite the fact that it was zoned IL for a time. If this property is not pulled out of
the IL zoning by the time levies are assessed in October, the property will be subject to
greenbelt recapture.
Louis Riha indicated to the commissioners
that an opinion by Attorney General Clarence Meyers had been rendered several years ago
stating that greenbelt was determined by land use, not zoning. Mr. Riha stated that going
by zoning could hurt a lot of people in the county.
Tim Schram, County Board of Commissioners,
urged the commissioners to consider the AG zoning for Mr. Hansen.
After discussion between commissioners
ensued concerning comprehensive plan and changes that could and should be made, Nichols
moved, seconded by Gottsch, to recommend approval of a change of zone from IL to AG as it
will allow the land to be zoned as it is being used and the commission will still have the
ability to change to commercial/industrial at a later date as it would respond to the
comprehensive plan. Ballot: Ayes - Matthies, Nichols, Gottsch, Wees and Wear. Nays -
Denny, Leonard and Johnson. Absent - Buller and Mangiamelli. Motion carried.
Correspondence:
Louis Riha posed a plan to the
commissioners about subdividing some land. He asked if they thought that this proposal
might be plausible with the comp plan. After a brief discussion, the general consensus
was, unofficially, to proceed with his plans by bringing it to the planning commission as
an agenda item.
Tim Schram addressed the commissioners on
the subject of the Sarpy County Industrial Sewer and the LaVista City
Council meeting with Millard Park Phase V
that took place on August 17, 1999.
There being no further business, Matthies
moved, seconded by Gottsch to adjourn the meeting. By a unanimous oral vote of the members
present, the meeting adjourned at 8:39 p.m.
Respectfully Submitted,
- Sarpy County Planning Commission
- Don Meyer, Chairman
- Cindy Gilbert, Recording Secretary

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