July 2000

SARPY COUNTY
DEPARTMENT OF PLANNING & BUILDING
Sarpy County Courthouse Annex
1261 Golden Gate Drive, Suite 2E
Papillion, Nebraska 68046
Phone (402) 593-2156
Fax (402) 593-4335
Ken Tex, Planning and Zoning Coordinator

July 19, 2000

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, July 19, 2000 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, Joe Mangiamelli, Marcia Matthies, Denny Nichols, and Alan Wear. Absent was Wendy Gottsch and Tom Wees. 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. There were none.

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

Chair Meyer then asked for a motion to approve the minutes of the June 14, 2000 meeting as submitted. Johnson moved, seconded by Denny to approve the minutes of the June 14, 2000 as corrected. Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols and Wear. Nays - none. Abstain - none. Absent - Gottsch and Wees. Motion carried.

Chair Meyer then asked for a motion to approve the minutes of the June 21, 2000 meeting as submitted. Johnson moved, seconded by Denny to approve the minutes of the June 21, 2000 meeting as submitted. Ballot: Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols and Wear. Nays - none. Abstain - none. Absent - Gottsch and Wees. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. Valley Ridge Business Park Replat I, being a replat of Lots 2-5, Valley Business Ridge Park, John Kottmann, agent. (142nd Street, just north of Cornhusker)

Chair Meyer read into record a letter from John Kottmann asking that this request be tabled because of a change in ownership which will affect signature blocks on the final plat after which he entertained a motion to table.

Leonard moved, seconded by Johnson, to table the application until the next regular meeting. Ballot: Buller, Denny, Leonard, Johnson, Mangiamelli, Nichols and Wear. Nays - none. Abstain - none. Absent - Gottsch and Wees. Motion carried.

2. Recommend a landscaping ordinance for the Sarpy County Zoning Ordinances.

Mark Wayne, County Administrator, commended that committee that put this ordinance together, including Planning Commissioners Tom Wees and Bill Leonard. He also thanked Ken Tex, Tamra Walz and Wendy Johansen for their time and effort. He indicated that he had staff from the Sarpy County Economic Development Corporation and Thompson, Dreessen and Dorner, Inc. review this product and give their input as well. Mr. Wayne said that the goal of this ordinance is to provide a guideline for landscaping when developers are creating new commercial subdivisions. It would also apply to apartment complexes. This ordinance would help create aesthetically pleasing subdivisions while providing some uniformity and harmony to the county. He then touched on the highlights of the proposal.

Wendy Gottsch joined the commissioners at 7:45 p.m.

Some questions were raised concerning the restrictive nature of this proposal and the manpower to enforce this ordinance. Different views were held on certain wording and after lengthy discussion, specific changes were requested.

John Yochum, Sarpy County Economic Development Corporation, indicated that he did not feel the proposed ordinance was to restrictive, nor does he think that it will be a deterrent to businesses looking to locate in Sarpy County. He believes that it is necessary to have an ordinance to produce the effect that Sarpy County is looking for. He feels this is a good time to initiate that. He then introduced Toby Churchill as the new Executive Director of the SCEDC and Mr. Churchill agreed that this is a necessity and also does not feel that this would deter any business from locating here. He feels it will encourage businesses knowing that their neighbors must adhere to guidelines designed to keep the area looking good.

Mangiamelli moved, seconded to recommend approval of the landscaping ordinance with the following changes: 1) Remove #3 from Section 37.14.2 and add it to Section 37.13.2 while changing the word required to encouraged and changing the word shall to should; 2) Adjust the numbering in Section 37.24; 3) Change the wording in Section 37.28.2 to eliminate county design review architect; and 4) Change wording on Appendix C (second paragraph) to Two (2) black and white prints and one (1) color print and delete the word architect. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli and Gottsch. Nays - none. Abstain - Nichols and Wear. Absent - Wees. Motion carried.

3. Recommend revisions to the Sarpy County Zoning Ordinances.

Tamra Walz reminded the commissioners that the public hearing had already been closed on these proposals and that each section would need to be voted on individually.

Chair Meyer then entertained a motion to approve or deny the proposed revisions.

Buller moved, seconded by Matthies, to recommend approval of the addition to Section 2.5 allowing a 90 day extension of a permit by the building inspector. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval of the addition to Section 2.7 stating that books are not kept for more than four (4) years. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to delete from Section 10.2.7 the entire usage for commercial feed lots for swine, poultry facilities, fox, mink chinchilla, or similar forms. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to delete from Sections 11.2.6, 11.2.7, 12.2.4, 12.2.5, 13.2.4, 13.2.5, 23.2.2, , 23.2.5, 24.2.8, 24.2.9, 25.2.2, 25.2.7, 26.2.4, 26.2.5, 27.2.2, 27.2.3, 28.3.1 and 28.3.2 the entire usage from these sections for allowing sludge disposal and storage sites as well as construction and demolition waste disposal sites. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to raise the accessory building height from 15' to a maximum of 25' in Section 13.4.1. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to delete the Section 28.1.24 (the subsection), On any other industrial, manufacturing or commercial agricultural use. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval in Section 40 to require a written operational plan for all uses. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to delete Section 42.7 (the subsection), that refers to failure to start construction within two years of a re-zoning.

Leonard moved, seconded by Denny, to recommend approval to change the definition FARM and FEED LOT OR FEED YARD, COMMERCIAL to read:

FARM - shall mean any parcel of land utilized for agricultural purposes and containing a minimum of 80 acres which produces $1,000.00 or more of farm products each year.

FEED LOT OR FEED YARD, COMMERCIAL - shall mean a parcel of land with a minimum of 40 acres where the principal business is the feeding of livestock and such feeding is not done as a subordinate activity to the production of crops on the premises of which the feed lot is a part. They must be located at least one-half mile from another residence and shall require a Special Use Permit.

and

to recommend approval to add the definitions ACREAGE, ANIMAL UNIT, AND LIVESTOCK FARM to read:

ACREAGE - shall mean any parcel of land between 10 and 79 acres, and if used for agricultural purposes, will be limited to one (1) animal unit * per acre without a special use permit. *(See definition)

ANIMAL UNIT - shall mean the number of animal equivalent to one (1) unit.

2 feeder or calves under 500 lbs. = 1 AU
1 feeder or slaughter steer = 1 AU
3 swine over 50 lbs = 1 AU
10 swine under 50 lbs = 1 AU
1 dairy cow = 1 AU
10 sheep or goats = 1 AU
100 layer or broiler = 1 AU
50 turkeys = 1 AU
1 horse = 1 AU
1 non-traditional farm animal = 1 AU
2 miniature animals = 1 AU

Any amount of animal units 300 or less shall constitute a farm operation. Any amount over 300 shall be considered a commercial operation.

LIVESTOCK FARM - shall mean any parcel of land utilized for the raising of livestock with 300 or less animal units*. *(See definition)

Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to Section 37.9 to increase the lot coverage for any district, other than Residential, from a maximum of thirty-five percent (35%) to a maximum of seventy-five percent (75%).Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

4. Recommend revisions to the Sarpy County Subdivision Regulations.

Leonard moved, seconded by Denny, to recommend approval to Section 5.3 to increase the number of copies required from twenty (20) to twenty-five (25). Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to Section 5.3 to allow material for preliminary plat to be submitted to the Building Inspector at least thirty (30) days instead of twenty (20) days prior to meeting. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to Section 7.2 to allow material for final plat to be submitted to the Building Inspector at least thirty (30) days instead of twenty (20) days prior to meeting. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to Section 8.2.1 to allow mylar to be submitted thirty (30) days instead of twenty (20) days prior to the meeting. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to Section 8.2.1 to increase the number of copies of plats from twenty (20) to twenty-five (25). Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

Leonard moved, seconded by Denny, to recommend approval to add to Section 8.2.3.1 stating the name of subdivision, that is not a duplicate of any previously filed plat names.

5. Recommend revisions to the Sarpy County Comprehensive Development Plan (specifically, the Future Land Use Map)

Denny Nichols noted a correction to the Westmont and Sky Masters area that should have put those subdivisions in a Residential High district instead of the Residential Low district that the map indicated. He also brought up Section 19, Twp 14N, Rng 11E, stating his notes had indicated that section should all be in a Residential High district.

After a brief discussion, it was decided to leave it as Commercial/Industrial.

Steve Johnson, representing Ash Grove Cement, expressed concern that by changing the West one-third of Sec 10 the North one-half of Sec 15, Twp 12N, Rng 11E from AG to Residential Low, would inhibit Ash Grove=s ability to expand their business in that area. He went on to explain about the kind of sand and gravel that could be extracted from that area and the cost effectiveness of being able to do so.

After a short discussion, it was agreed to put the sections he described back into the AG district.

Nichols moved, seconded by Mangiamelli, to recommend approval of the Sarpy County Comprehensive Development Plan=s Future Land Use Map as designated on AExhibit A (map)@. Ballot: Ayes - Buller, Denny, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

III. CORRESPONDENCE:

Cindy Gilbert presented an idea from Mark Walters, Information Systems Director, to offer a link from Sarpy County=s web site to the planning commissioners personal e-mail so the commissioners could receive correspondence from the public through the internet.

Tamra Walz reminded them that ex-parte communication could result if this was used.

The general consensus was not to accept Mr. Walters offer.

IV. ADJOURNMENT.

Leonard moved, seconded by Wear to adjourn the meeting. After a unanimous oral vote, Chair Meyer declared the meeting adjourned at 9:10 p.m.

 

Respectfully Submitted,

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