August 1999

 

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