November 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, Planning and Zoning Coordinator

November 17, 1999

Sarpy County Board of Commissioners
Sarpy County Courthouse
1210 Golden Gate Drive
Papillion, Nebraska 68046

To The Sarpy County Board of Commissioners:

The Sarpy County Planning Commission held its regular monthly meeting Wednesday, November 17, 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 Buller, Charles Denny, Bill Leonard, John Johnson, Marcia Matthies, Joe Mangiamelli, Dennis Nichols, Wendy Gottsch, Thomas Wees and Alan Wear. Ken Tex, Sarpy County Planning and Zoning Coordinator, Tamra Walz, Sarpy County Deputy Attorney and Cindy Gilbert, Recording Secretary were also present.

Chair Meyer asked for any reports from commissioners. Bill Leonard expressed concern over the letter each commission member received from James Iske stating that he was holding them personally responsible for recommending approval of the waste water treatment facility in Hanson Lake.

Tamra Walz explained that since they were conducting business as a planning commission, they could not be held personally responsible and, furthermore, they are a recommending body and the County Board of Commissioners is the group that ultimately has the final decision on approvals and denials.

Wees moved, seconded by Leonard for Tamra Walz, as the commission=s legal counsel, to draft a letter in response to the letter they received from Mr. Iske. Ballot: Ayes - Buller, Denny, Johnson, Leonard, Matthies, Mangiamelli, Nichols, Gottsch, and Wees. Nays - none. Abstain - Wear. Motion carried.

Chair Meyer asked for a motion to approve the agenda as submitted. Johnson moved, seconded by Gottsch to approve the agenda as submitted. Ballot: Ayes - Buller, Denny, Johnson, Leonard, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Abstain - none. Motion carried.

Leonard moved, seconded by Johnson to approve the minutes of the October 20, 1999 meeting as submitted. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Gottsch, Wees and Wear. Nays - none. Abstain - Mangiamelli and Nichols. Motion carried.

1. Cindy Petersen (Van Buren Acres), 22655 Cary Street, Gretna, Nebraska requests approval of a special use permit to build and operate a private kennel on the following described property, to wit: Lot 1, Van Buren Acres, located in part of the SW1/4 of the NW1/4 of Sec 23, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska.

Cindy Petersen said that she intended to house approximately 25 to 30 dogs for boarding and grooming. There will be an enclosed building as well as dog runs outside. She said they would be using a septic system to dispose of the waste.

Tom Wees expressed his concern about the operation of a kennel and suggested that a written operational plan be submitted for review before approval was given.

Len Lemon indicated he had concerns about the noise level of barking dogs.

John Muenster raised concerns about the noise level and the odor level and about how many animals could be on 10 acres of land.

Ken Tex read from the zoning regulations that there can be as many animals as desired on 10+ acres. It is under that acreage that limits to the number of livestock go in effect.

Marlene Muenster voiced her opposition because of traffic, odor and noise. She questioned the commission members on who was going to police the area to make sure the rules of the special use permit are being followed properly.

Mangiamelli moved, seconded by Johnson to hold this application over for one month to give the applicant time to put together, in writing, an operational plan including a site plan and landscaping. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

2. Don G. Plambeck and William Nelson of 13322 Millard Avenue, Omaha, Nebraska requests approval of a change of zone from AG to RD-50 on the following described property, to wit: Part of Tax Lot 4 located in the NW1/4 of Sec 16, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.

Jeff Elliot, E & A Consulting, Inc., represented Mr. Plambeck and Mr. Nelson in their absence, to briefly explain that the change of zone was needed to proceed with another phase of Hickory Ridge subdivision and that the comp plan would need to be amended.

Nichols moved, seconded by Matthies to recommend an amendment to the Comprehensive Development Plan on the above described property from Commercial/Industrial to Residential High because it is consistent with the area. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

Nichols moved, seconded by Matthies to recommend approval of a change of zone from AG to RD-50 on the above described property as it complies with the comp plan. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

3. HearthStone Homes of 8425 Madison Street, Omaha, Nebraska requests approval of a preliminary plat on a subdivision to be known as Hickory Ridge located on part of Tax Lot 4 in the NW1/4 of Sec 16, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.

Jeff Elliot of E & A Consulting also represented HearthStone Homes, Inc. to request approval of a preliminary plat for the Hickory Ridge subdivision.

Questions concerning cul-de-sacs, fences, sidewalks and water runoff problem that could develop for the commercial property to the south of Hickory Ridge.

After a brief discussion concerning the aforementioned items, Nichols moved, seconded by Mangiamelli to recommend approval of the preliminary plat with the stipulations that (1) a fence be erected along the south end of the subdivision, (2) a sidewalk be constructed along 180th Street when appropriate, (3) S.I.D. #190 to share in the cost of improvements to 180th Street according to the surveyor=s office, (4) to eliminate as many cul-de-sacs as possible, and (5) to minimize the amount of water run-off that would affect the commercial property to the south. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

4. Sarpy R & R Company, Hwy 50 and Riha Road, Springfield, Nebraska requests approval of a change of zone from AG to AGD & AGR on the following described property, to wit: A tract of land located in the S1/2 of the S1/2 of Sec 10, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.

Louis Riha explained that he was interested in developing a nine lot subdivision. Five of those would be 5+ acres and the other four would be 10+ acres. The comp plan would have to be amended to accommodate the 10 acre lots because the future use shows an agricultural zoning.

Ken Tex spoke about the need to be flexible in this area as there is no transitional area between the residential low (5+ acres) and the Agricultural (20+ acres). Adding transitional agriculture in this area would help it blend better.

Mangiamelli moved, seconded by Matthies to recommend approval of an amendment to the Comprehensive Development Plan from Agricultural to Transitional Agricultural on the west 40 acres of development. Plan is to be amended to form a reasonable transition from five to twenty acre area. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

Matthies moved, seconded by Wear to recommend a change the zone from AG to AGD and AGR as it conforms to the comp plan. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

5. Sarpy R & R Company, Hwy 50 and Riha Road, Springfield, Nebraska requests approval of a preliminary plat on a subdivision to be known as Meadow Oaks South on the following described property, to wit: A tract of land located in the S1/2 of the S1/2 of Sec 10, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.

Matthies moved, seconded by Leonard to recommend approval of a preliminary plat as it complies with the comp plan. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

6. Sarpy R & R Company, Hwy 50 and Riha Road, Springfield, Nebraska requests approval of a special use permit to mine sand and gravel on the following described property, to wit: Part of Sections 1, 2 and 11 of Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.

Louis Riha spoke to the commissioners about where his mine and gravel operation would be and an approximate time when it would be started and how long he anticipated the operation to be in business.

Cindy Gilbert read into record the letter received from the Papio-Missouri River Natural Resource District stating that they had no objection from a flood plain point of view.

Mr. Riha answered the question about what road trucks will enter onto. They will enter onto Highway 50, which will eliminate a dust problem.

Johnson moved, seconded by Denny, to recommend approval of the special use permit for as long as Mr. Riha is involved in the operation to mine sand and gravel because it meets zoning regulations. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

7. Ken Harpenau, 23211 Fairview Road, Gretna, Nebraska requests approval of a change of zone from AG to AGD on the following described property, to wit: Part of the N1/2 of the NE1/4 of Sec 15, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska.

Ken Harpenau presented his request for a change of zone and a preliminary/final plat for approximately 10 acres of his land to separate from the rest.

It was determined that it would fit in with the comp plan.

Johnson moved, seconded by Denny to recommend approval for a change of zone from AG to AGD as it complies with the comp plan. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

8. Ken Harpenau, 23211 Fairview Road, Gretna, Nebraska requests approval of a preliminary/final plat on a subdivision to be known as Harps Addition on the following described property, to wit: Part of the N1/2 of the NE1/4 of Sec 15, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska.

Nichols moved, seconded by Wees to recommend approval for a preliminary/final plat as it complies with the comp plan. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

Dave Ostblom stated that he didn=t have a problem with Mr. Harpenau=s request but that he was displeased at the way the planning and building department is publishing and posting properties. He said he remembered the county board saying that all zoning applications would be published in the local paper that is closet to the property so that people who don=t take the Bellevue Leader can be aware of meetings that might concern them.

Ken Tex stated that the department follows state statutes as far as legal publications are concerned and added that multiple signs and advertising can get very costly, but he will check into doing multiple publications for every zoning application received.

Ken Harpenau also expressed his displeasure at the way legal advertising is done.

John Johnson stated that since the general public was aware that the Bellevue Leader was the legal publication for this county, that they should consider getting a subscription to that paper.

9. Wilson Concrete, 802 Allied Road, LaPlatte, Nebraska requests a change of zone from IL to ILM on the following described property, to wit: Part of the N1/2 of the NE1/4 of Sec 26, Twp 13N, Rng 13E of the 6th P.M., Sarpy County, Nebraska.

Morrie Workman of Wilson Concrete explained that he didn=t realize, until they tried to purchase some property in the area, that the zone for their property was zoned to light for what they should be. It was therefore, his reason for requesting a change of zone.

A commissioner asked what the zoning was in the area.

It was stated that the zoning in the area in question was already zoned ILM and that Wilson Concrete needed to be in the same zone to be in compliance.

Johnson moved seconded by Mangiamelli, to recommend approval of a change of zone from IL to ILM as it complies with the comp plan. Ballot: Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch, Wees and Wear. Nays - none. Absent - none. Motion carried.

Correspondence:

Ken Tex addressed the situation with City Wide Rock indicating that the Planning & Building Department had received numerous complaints about the blasting and the dust from the quarry. He stated that he had responded with a letter and asked the members if they had any concerns they would like to pass on to the county board.

Tamra Walz explained the appeals process of nuisance complaints and added she doesn=t believe the planning commission needs to decide whether or not a special use permit is in compliance. She thinks it should be dealt with directly with by the Board of County Commissioners.

Tom Wees thinks the special use permits should be looked at very carefully when they start amending the zoning regulations. He thinks certain regulations should decease and desist to accommodate rapid growth.

Ken Tex mentioned the possibility of having two meetings each in the month of January and February to plan the changes that need to be recommended to the zoning regulations and comprehensive development plan.

Tamra Walz asked the commission members if they were interested in attending a conference in December. She indicated that the information would be forwarded to them.

There being no further business, Matthies moved, seconded by Leonard to adjourn the meeting. By a unanimous oral vote, the meeting adjourned at 9:27 p.m.

 

Respectfully Submitted,

Sarpy County Planning Commission
Don Meyer, Chairman
Cindy Gilbert, Recording Secretary