Jul 2001

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 & Zoning Coordinator
July 18, 2001

 

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 18, 2001 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: Pam Buethe, Charles Buller, Charles Denny, Donald Fenster, John Johnson, Wayne Labart, Marcia Matthies, Don Meyer, Dennis Nichols, Tom Wees and Alan Wear. Tamra Walz, Deputy County Attorney was present. Ken Tex, Planning & Zoning Coordinator and Cindy Gilbert, Recording Secretary, were also present.

Chair Meyer asked for commissioner reports. There were none.

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

Chair Meyer asked for a motion to approve the minutes of the June 20, 2001 meeting. Wees moved, seconded by Buethe to approve the minutes as submitted. Ayes- Denny, Fenster, Johnson, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - Buller and Matthies. Absent - none. Motion carried.

I. CONSENT AGENDA ITEMS:

None

II. REGULAR AGENDA ITEMS:

3. Thomas and Susan Rippy, 6022 S. 39th Street, Omaha, requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Part of Government Lot 4, A H Farms, Inc., located in Sec 25, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (75th Street & the Platte River)

The applicants were not in attendance.

Ken Tex stated that this was a change of ownership and the trailer was already sitting there.

Nichols moved, seconded by Labart to recommend approval of a Special Use Trailer Permit for a period of three years, renewable by publication as it meets zoning regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

2. Tom and Virginia Geiser, 604 N. Front Street, Waterloo, requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 22AE Vencils Island, located in Sec 28, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (9900 South 252nd Street)

The applicants were not in attendance.

Ken Tex indicated this trailer had been moved. He had spoke to the previous owner and told him he could not have power to the trailer because it was in violation of zoning codes. The previous owner then sold it to the Geiser=s. The current owners tried to get power to the trailer. At that time, Ken told them that the trailer had been moved and that it was not in compliance with zoning ordinances. They still wanted to try to get the permit.

Wees moved, seconded by Fenster to recommend denial of the Special Use Permit as it does not meet with zoning ordinances and flood plain regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

3. Kent Johnson, 6754 S. 52nd Street, Omaha, requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 6, Nebco Land, located in Sec 19, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (W. Highway 31 & Barr Lane)

Kent Johnson introduced himself and explained that he had recently purchased this trailer and would like to fix it up some.

Nichols moved, seconded by Matthies to recommend approval of a Special Use Trailer Permit for three years, renewable by publication, as it meets County regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

4. Paul and Shelly Freeman, 7700 Garland, Lincoln, requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 5, South Bend Lakes, located in Sec 18, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (Highway 31 and the Platte River)

The applicants were not present.

Ken Tex told the commission that this was an existing trailer with new owners.

Nichols moved, seconded by Matthies to recommend approval of a Special Use Trailer Permit for three years, renewable by publication, as it meets County regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

5. Gene Mackey, 14610 Chandler Street, Omaha, requests approval of a Change of Zone from RS-72 to IGM on the following described property, to wit: Lot 5, Echo Hills Replat III, located in the NE1/4 of Sec 14, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (148th & Chandler)

Gene Mackey explained that he just purchased the land adjacent to his property from the S.I.D. It had previously been parkland. He was wanting to change it to the same zoning as his current property. He answered the question that the residential lot that abuts this property to the north is vacant. He indicated that the S.I.D. knew of his intentions when they sold it to him. His plans are to use that lot for a parking lot and a turn around for his trucks.

Charles Babcock said he owns the lot directly west and indicated that Mr. Mackey had agreed not to put a building up on that property. As long as that is the case, Mr. Babcock does not oppose the change of zone.

Tom Wees stated to Mr. Mackey that the comprehensive plan is what they normally like to follow.

Keith Harvey spoke about having just purchased the lot directly north of the this one and said that he had contacted Mr. Mackey in an effort to purchase it from him. Mr. Mackey declined the offer. He is concerned about what goes there as he feels it could reduce the value of his property. He thinks that maybe a buffer of trees and the fence would be okay.

Discussion took place concerning the fact that, if the zoning is changed to a commercial zone, Mr. Mackey can put up a building if he wishes. The residential zoning that is already in place would not allow for any building other than a residence.

Johnson moved, seconded by Fenster to recommend denial of the Change of Zone as it is inconsistent with the neighborhood and comp plan. Ballot: Ayes - Fenster and Johnson. Nays - Buller, Denny, Matthies, Labart, Nichols, Buethe, Wees and Wear. Abstain - none. Absent - none. Motion failed.

Buller moved, seconded by Wear to recommend approval to amend the Comprehensive Development Plan to change Lot 5, Echo Hills Replat III from Residential High to Commercial/Industrial because it is goes with the land next to it. Ballot: Ayes - Buller, Denny, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - Fenster and Johnson. Abstain - none. Absent - none. Motion carried.

Nichols moved, seconded by Matthies to recommend approval of a change of zone from RS-72 to IGM as it is now consistent with the comp plan with the stipulation that no building or parking be allowed within 15' of a residential lot line. Ballot: Ayes - Buller, Denny, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - Fenster and Johnson. Abstain - none. Absent - none. Motion carried.

6. Springfield Lake Development (W. M. Looby), 13004 Cottonwood Lane, Springfield, requests approval of a Change of Zone from RE/FP to RS-100/FP on the following described property, to wit: Lots 76-89, inclusive and Outlots J & M, Villa Springs located in Sec 31, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (Buffalo Road & East Lake Drive)

Bill Dorner, representing Springfield Lake Development, requested the change of zone and the preliminary plat. He explained that the lake size is currently 10 acres and would expanded to 12 acres. Each lot will have its own septics and wells. Roads will be paved and the County will be asked to participate in the paving. The lots will be approximately 1 acre each. He addressed the letter from the Papio Missouri River Natural Resource District (NRD). He also stated that they have sent the Nebraska Department of Environmental Quality (DEQ) the site plan for this plat as they will need to approve the site for the septics and wells.

Joan Olander, resident of Villa Springs, stated that during the flood of 1993, water over the road made it very difficult to evacuate and with additional people living there and the lay of the land, it could be more difficult to get out.

Bill Dorner responded that this new development will not increase the amount the could go over the road.

Nichols moved, seconded by Matthies to recommend approval of a Change of Zone from RE/FP to RS-100/FP as it is consistent with the comp plan and meets the regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

7. Springfield Lake Development (W. M. Looby), 13004 Cottonwood Lane, Springfield, requests approval of a Preliminary Plat on a subdivision to be known as Villa Springs Replat I on the following described property, to wit: Lots 76-89, inclusive and Outlots J & M, Villa Springs located in Sec 31, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (Buffalo Road & East Lake Drive)

Matthies moved, seconded by Nichols to recommend approval of a Preliminary Plat on a subdivision to be known as Villa Springs Replat I as it meets the subdivision regulations and the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

8. Janet and Bradley Goldenstein, 9002 S. 168th Street, Omaha, requests approval of a Final Plat on a subdivision to be known as Goldenstein=s 2nd Addition (Lot 2) on the following described property, to wit: Being a platting of part of Tax Lot 11, located in the NE1/4 of Sec 21, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (168th Street, 2 mile south of Giles Road)

Cindy Gilbert read into record the letter received from Gross and Welch, Attorney=s At Law, asking that this application be tabled for thirty days.

Wees moved, seconded by Buethe to table this application until the next regular meeting of the Planning Commission on Wednesday, August 15, 2001. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

9. The Sarpy County Fire Chiefs of the Cities of Bellevue, Gretna, LaVista, Millard, Papillion and Springfield requests approval of amendments and additions to Section 10 (Minimum Design Standards) of the Sarpy County Subdivision Regulations.

Cindy Gilbert read into record the letter from the Chairman of the Fire Chiefs and the letter from Tom Lynam, County Surveyor.

Travis Mayer introduced himself as the Chairman of the Sarpy County Fire Chiefs. He stated that the fire chiefs had met at the urging of Commissioner Schram to come up with a plan that might bring uniformity to the county in regards to fire safety and standards set for new housing and commercial subdivisions. He went through each of the items in the letter.

Discussion took place concerning M.U.D. standards for hydrant placement, flow requirements, cul-de-sac width and ingress/egress.

Tom Wees suggested that an engineer be hired to document statistics that could assure the safety and well being of our citizens.

10. Ross Rossell, 16115 Buffalo Road, Springfield, requests approval of a Special Use Permit to operate a dog kennel on the following described property, to wit: Tax Lot 2, located in Sec 3, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (16115 Buffalo Road)

Ross Rossell stated that he bought this property for his horses and dogs. He has been training quarter horses and dogs since the seventies. He indicated that he does not breed dogs every year. He currently has three breeding and three stud dogs. He figures the most dogs he will have at one time will be 12 adults plus two litters (average 6 to 7 a litter). He is not proposing any boarding facilities. He only does training. When asked about kennels to keep them in, he indicated that there were enough buildings on the property, he didn=t need any more. He also stated that he usually ends up selling about half of the litter. He only keeps the dogs he thinks will be the best at what they are being trained for. Mr. Rossell said he trains dogs for hunting and cattle herding. He also raises seeing eye dogs and trains dogs for police protection.

Phil Leach, Nebraska Humane Society, noted that he had received an anonymous call stating that this property had eight dogs on it and didn=t think they were being watered. He said he visited the property and found only four dogs and he said, not only were they watered, but he thought Mr. Rossell was running a very nice operation.

Sandy Goetzinger-Comer owns 20 acres to the east of this property and had looked for 5 years to find something that they could use for retirement. She is very concerned that the noise will ruin the quiet enjoyment of her property and also that the traffic will increase too much.

Heidi Henningson indicated that she, too, owns 20 acres east of this property and is also very concerned about the noise from the barking. She stated that no matter how well trained they are, they still bark. She is also concerned about where the waste from the dogs will go.

Mr. Rossell responded by saying that he will have a septic for the kennel area.

When asked to comment on what can be required on a special use permit, Tamra Walz stated that perimeters can be put on for hours of operation, limiting number of animals and length of time the permit is allowed, etc.

Nichols moved, seconded by Johnson to recommend approval of a Special Use Permit to operate a dog kennel for a period of two years with the stipulation that the operational plan be followed as submitted. Ballot: Ayes - Buller, Denny, Fenster Johnson, Nichols, Buethe and Wees. Nays - Labart and Wear. Abstain - Matthies. Absent - none. Motion carried.

11. Beacon View Inc., 4209 S. 149th Street, Omaha, requests approval of a Preliminary Plat on a subdivision to be known as Beacon View on the following described property, to wit: Being a platting of those parts of the W1/2 of Sec 29, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (Highway 6 & 255th Street)

Art Beccard, Thompson, Dreessen and Dorner, Inc., stated that the plan was to plat 14 lots. Nine of them already have homes on them and five of them are vacant. A portion of the area known as Beacon View (12 lots) had been platted in 1975. These are lots adjacent to the platted portion. Mr. Beccard then introduced Marlin Petermann, Papio-Missouri River Natural Resource District.

Mr. Petermann indicated that the Western Sarpy Drainage Levee Project would help protect some of this area from floods. The Beacon View area is just phase 1 of a $15 million levee project. He stated that he would be in favor of this platting.

Nichols moved, seconded by Matthies to recommend approval of the Preliminary Plat of Beacon View as it meets the flood plain regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none.

12. O. Arthur Armbrust, 18151 Harrison Street, Omaha, requests approval of a Special Use Permit to operate a dog kennel on the following described property, to wit: Tax Lot 6A, 6B & Tax Lot 7, located in Sec 21, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (Approximately 174th & Giles - south side)

**Denny Nichols excused himself from the discussion and voting for this application. He then left the room.**

Art Armbrust explained that he is operating the business at 181st & Harrison at this time. They are looking at selling the property and relocating the business to their property at 174th & Harrison. He said that own 80 acres and that he intended to put up a 60' X 100' soundproof building to accommodate approximately 35 dogs. The building will have a drive-through service so that doors can be closed for pick-ups and deliveries to reduce any noise the barking might cause. He also said that he doesn't generally raise puppies, although he may get them back at the age of 6 months to train for hunting.

Paul Rung stated that he owns the property to the south. His concern is that this area has a future zoning of residential high and doesn=t feel that the kennel is compatible with residential neighborhoods. Therefore, he is opposed.

John Liakos, an attorney representing Harrison Woods, L.L.C., explained to the commission that this kennel is in the path of residential development and feels the market value would be adversely affected by the approval of this application. He gave statistics on the potential tax base for the area and requested denial of this application on behalf of Harrison Woods, L.L.C.

Chuck Wilhelm stated his opposition and presented a petition with 178 signatures also in opposition to this application. He reminded the planning commission that a kennel only 200 yards away from this location was denied a few months ago because it was in a residential high area.

Marcia Nattrass also indicated that the noise level would be too much for the area. She explained that she went to a neighborhood approximately 1/4 mile away from his current location and the three residents that spoke to her said that they could hear the dogs barking late at night and early in the morning.

**Tom Wees excused himself from the meeting at 10:20 p.m.**

Randi Folkerts, resident of Cinnamon Acres, said he would welcome such activity to the area as he can already hear train traffic and cars from I-80 and 168th Street. He stated that there are already dogs in the neighborhood that bark and didn=t think there would be any more noise than there already is. He also said that he would rather have the open land than more residential homes in the area.

Richard Krambeck voiced his opposition with the concern that the values of the homes in the area would go down.

Art Armbrust gave his rebuttal by reminding the commission that the building would be soundproofed and not visible to the people in the area. He wouldn=t have more than one or two dogs outside at a time and that pick up and delivery would be done from inside the building.

Alan Wear reiterated that, in the near future, the area will be surrounded by residential subdivisions.

Wear moved, seconded by Johnson to recommend denial of the Special Use Permit to operate a kennel as it is not in line with the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Buethe and Wear. Nays - none. Abstain - none. Absent - Nichols and Wees. Motion carried.

**Denny Nichols re-entered the board room at approximately 10:45 p.m.**

13. 156 Street, L.L.C., 11230 Sahler Street, Omaha, requests approval of a Final Plat on a subdivision to be known as Giles Ridge on the following described property, to wit: Being a platting of Tax Lot 3A, located in the SW1/4 of Sec 14 and also Tax Lot 2, located in the NW1/4 of Sec 14, all located in Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (156th & Giles Road)

Jeff Elliott, E & A Consulting, spoke as agent for Giles Ridge explaining that the only difference from the preliminary plat was that they were able to get one more lot. It did not change the street layout or anything else. When asked about the lot owner that they had agreed to speak with during the application for the preliminary plat, Mr. Elliott stated that they had met with him and mutually agreed that the slope on his lot should be left alone.

Nichols moved, seconded by Wear to recommend approval of the Final Plat for Giles Ridge as it conforms with the preliminary plat with the stipulations that they follow the requests of the Papio-Missouri River NRD and the County Surveyor. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe and Wear. Nays - none. Abstain - none. Absent - Wees. Motion carried.

 

III. CORRESPONDENCE:

Tamra Walz told the commission that the County Board had denied Mr. Gray's change of zone in Villa Springs and they approved the Final Plat for Lakeside at Tiburon.

IV. ADJOURNMENT:

Being no further discussion, Johnson moved, second by Matthies, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 10:52 p.m.

 

Respectfully Submitted,

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