May 17

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
May 17, 2000
Draft
 
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, May 17, 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, Bill Leonard, John Johnson, Marcia Matthies, Denny Nichols, Wendy Gottsch and Tom Wees. Absent was Charles Denny 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. There were none.

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

Chair Meyer then asked for a motion to approve the minutes as submitted. Johnson moved, seconded by Mangiamelli to approve the minutes of the April 19, 2000 meeting as submitted. Ballot: Ayes - Buller, Leonard, Johnson, Matthies, Mangiamelli and Nichols. Nays - none. Abstain - Gottsch and Wees. Absent - Denny and Wear. Motion carried.

 

I REGULAR AGENDA ITEMS:

 

1. Ken & Jane Harpenau, 23211 Fairview Road, Gretna, Nebraska requests approval of a change of zone from AG to AGD on the following described property, to wit: a platting of part of the N1/2 of the NE1/4 of Sec 15, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (234th & Fairview Road)

Ken Harpenau introduced himself and said he would answer any questions the commissioners might have.

No questions were asked.

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

2. Ken & Jane Harpenau, 23211 Fairview Road, Gretna, Nebraska requests approval of a preliminary/final plat on a subdivision to be known as Harp=s Second Addition on the following described property, to wit: a platting of part of the N1/2 of the NE1/4 of Sec 15, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (234th & Fairview Road)

Ken Harpenau indicated he had nothing to add in his request for a preliminary/final plat.

Ken Tex asked Mr. Harpenau how many acres he would have left.

Mr. Harpenau stated he would have 20.24 acres remaining.

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

3. Darrell Fraynd, 18210 Sandy Point, Springfield, Nebraska requests approval of a change of zone from SRH/FP to RE 1 on the following described property, to wit: Lot 24, Villa Springs, a subdivision as platted, recorded and surveyed in Sarpy County, Nebraska. (132nd & Buffalo Road)

Gary Bishop, architect, represented Darrell Fraynd stating that Mr. Fraynd was looking to build another detached garage. The SRH zoning won=t allow for the height he needs for the garage, but the RE 1 zoning does. In trying to maintain the aesthetics for the area, he wants to have a 12/12 pitch for the roof so it would match his home.

Ken Tex noted that we had received several phone calls concerning this property, but once we explained what they were planning to do, it eased concerns.

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

4. Gerald Torczon, BHI Investments, Omaha, Nebraska requests approval of a change of zone from AG to IL and BG to IL on the following described property, to wit: Part of the N1/2 of the NE1/4 of Sec 35, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (SW corner of Highway 50 & Highway 370)

Cindy Gilbert read into record a letter from Mark Wayne, County Administrator, with the concern that the lot size and type of businesses that would not be conducive to larger commercial or office park development.

Doug Hill of Hill, Farrell & Associates, represented Jerry Torczon reminding them that a plat for this land had been approved a while back, but due to condemnation of some of the land by the State, the approval had expired and they were now returning with a somewhat different version of what had been approved earlier. The lots are smaller now, but they will have a 15' tree buffer between the road and the development on the north, west and east sides of the development. He also indicated that the name had been changed from >Highway Crossing Industrial Park= to >Highway Crossing=. This would help attract more commercial businesses rather than industrial style businesses. Mr. Torczon has began working on a set of covenants that would be enforced by the developer. Mr. Torczon is very interested in his subdivision complimenting the county.

Tom Wees asked is the maximum height limit for the buildings would be included in the covenants.

Ken Tex stated that the height restriction falls under the county=s zoning ordinances and would be enforced by the county.

Denny Nichols asked if the covenants could be enforced by the county in the event the owner didn=t care to enforce what had been written.

Ken replied that the county could not enforce their covenants, but could only enforce what already in our regulations.

John Yochum, Sarpy County Economic Development Corporation, indicated that the concerns of the Administrator should be considered, but the developer is very willing to talk these things through. He said it would be better if the lots were a little bigger. John also added that companies will frequently purchase more than one lot if they need more space.

Doug Hill stated that Jerry Torczon has developed other parks similar to this one and has a good understanding of how it should be laid out.

After additional discussion, Chair Meyer entertained a motion to approve the change of zone.

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

5. Gerald Torczon, BHI Investments, Omaha, Nebraska requests approval of a preliminary plat for a subdivision to be known as Highway Crossing Industrial Park on the following described property, to wit: Part of the N1/2 of the NE1/4 of Sec 35, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (SW corner of Highway 50 & Highway 370)

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

6. David Vermeulen, 7109 Florence St., LaVista, Nebraska requests approval of a special use permit to operate a Christmas Tree Farm with retail sales of various products on the following property, to wit: Tax Lots 1 & 2, located in Sec 10, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (156th & Fairview Road)

Don Meyer stated, for the record, that he would not be participating in the discussion on this application because he is a neighbor of that property.

David Vermeulen showed an architectural drawing of his Christmas Tree Farm including the buildings, trails, parking, etc. will eventually be located. He indicated that it would take 6 to 7 years for farm grown trees to be mature enough to cut, but in the meantime, he will sell potted trees. Sleigh rides will also be available, as well as food and drinks and a petting zoo. Metal buildings will be constructed and outside bathroom facilities will be handicap accessible.

A neighbor, Gayle Hughes, was concerned that the animals would be left unattended as no one lives there.

Mr. Vermeulen stated that he would make sure the animals were removed.

Wees moved, seconded by Mangiamelli to recommend approval of a special use permit to operate a Christmas Tree Farm from November 1 through December 24 as shown in operational plan as long as he owns and operates the business as it complies with the comp plan. Ballot: Ayes - Buller, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wees. Nays - none. Abstain - none. Absent - Denny and Wear. Motion carried.

7. Jerry Larsen, 8815 South 180th Street, Omaha, Nebraska requests approval of a special use permit to provide boarding facilities for dogs and cats on the following described property, to wit: Tax Lot 10, located in Sec 21, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (Approximately 1/2 mile south of Giles Road on 180th Street)

Jerry Larsen explained his operational plan for a boarding facility and offered to answer any questions anyone may have.

Discussion among the commissioners and Mr. Larsen included building material, cleaning the facility, activities and a pool for the dogs, pick up and delivery service, emergency vet care and setbacks pertaining to residential areas.

Nichols moved, seconded by Mangiamelli to recommend approval of the special use permit as long as he owns and operates the business as it is consistent with the comp plan. Ballot: Ayes - Buller, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wees. Nays - none. Abstain - none. Absent - Denny and Wear. Motion carried.

8. Adopt a HA (Horticultural/Agricultural) zoning district.

Cindy Gilbert read into record a letter from Dan Pittman, Sarpy County Assessor asking that this be approved.

Tamra Walz stated that there was a discrepancy in the proposal that was originally sent to the commissioners and the one that was attached to Mr. Pittman=s letter.

Discussion ensued about the green belt laws, the State Statutes and whether a new zoning district will be legal in the eyes of the State Department of Assessment and Taxation Office. It was suggested that the meeting be tabled until the next meeting so that some questions can be answered by the Assessor and Mike Smith of the County Attorney=s Office.

Gottsch moved, seconded by Wees to table the vote on the HA (Horticultural/Agricultural) zoning district until the next meeting due to lack of information. Ballot: Ayes - Buller, Leonard, Johnson, Matthies, Mangiamelli, Nichols, Gottsch and Wees. Nays - none. Abstain - none. Absent - Denny and Wear. Motion carried.

II CORRESPONDENCE:

Ken Tex addressed the commissioners concerning a letter sent to them by Lloyd Dowding, Sarpy County Register of Deeds. Nebraska State Statute prohibits the Deeds office from refusing to record any subdivision and plat presented for recording if signed and approved by the appropriate governing body. Therefore, he would like to see an amendment to the regulation for final plats stating that the proposed name for a subdivision should not duplicate any previously filed plat names.

The planning commission members suggested that it be added to the list of amendments that have already been proposed so that it can be voted on at the same time as the rest.

Ken Tex also stated that he had been contact by a realtor concerning the ability to split Lot 1, Sunset Acres. This particular lot is presently five acres. He explained that all of the surrounding lots were at least five acres, except one, which was just under five.

The members agreed that this would not be consistent with what is already there.

Larry Beal asked the commissioners about splitting ten acres off his land. He has 90 acres, but 33 of it sits on the other side of the road. That is the side he would like to see split so that he may sell it to his son. The comprehensive plan shows that particular side as being in the 20 acre minimum.

Although the commissioners were sympathetic, they indicated that if they were to allow that split in this area, it might set a precedence that they could not stop.

There being no further business, Wees moved, seconded by Johnson to adjourn. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 9:34 p.m.

Respectfully Submitted,

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