- 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
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