Oct 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

October 17, 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, October 17, 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, 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. Nichols moved, seconded by Matthies to approve the agenda as submitted. Ballot: Ayes - Buethe, Buller, Denny, Fenster, Johnson, Matthies, Nichols, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

Chair Meyer asked for a motion to approve the minutes of the September 19, 2001 meeting. Wees moved, seconded by Wear to approve the minutes as submitted. Ayes- Buller, Denny, Fenster, Johnson, Matthies, Nichols, Wees and Wear. Nays - none. Abstain - Buethe. Absent - Labart. Motion carried.

I. CONSENT AGENDA ITEMS:

1. Linda Gelbowitz, 8866 Holmes, 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 2E, Vencil=s Island, located in Sec 21, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (9900 S 252nd St)

2. Denny & Linda Johnson, 13529 AZ@ 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 28BP, Vencil=s Island, located in Sec 20, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (9900 S 252nd St)

Buethe moved, seconded by Johnson to recommend approval of consent agenda items #1 & 2 for three years, renewable by publication as it meets the County=s zoning requirements. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

II. REGULAR AGENDA ITEMS:

4. Beacon View, Inc., 4209 South 149th Street, Omaha requests approval of a Final 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)

**The rules of conduct were read into record**

Art Beccard, Thompson, Dreessen & Dorner, Inc., introduced himself as the representative for Beacon View, Inc. and explained that there are 14 lots being platted. He indicated the Nebraska Department of Environmental Quality had already approved the septic and well sites. They are still waiting for the Federal Emergency Management Agency to approve three lots with Letter of Map Amendments(LOMA), removing those lots from the floodway. He stated that two of those lots already have existing homes on them.

Dennis Nichols questioned Outlot 5.

Mr. Beccard noted that Outlot 5 was actually the access to most of the lots that are being platted. It would run right along the levee scheduled to be built.

Discussion between commissioners included the lots regarding the LOMA letters.

Nichols moved, seconded by Johnson to recommend approval of the Final Plat for Beacon View if the LOMA letters are approved for lots 13, 25 and 26 with the stipulation that this application not move forward to the County Board until the LOMA letters have been received. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

2. Gerald & Marilyn Hintz, 23506 Ruff Road, Gretna requests approval of a Special Use Trailer Permit to park a single wide mobile home for farmhand use only on the following described property, to wit: A portion of the NE1/4 of the SW1/4 in Sec 27, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (238th & Ruff Road)

Marilyn Hintz requested renewal of her previous permit to allow the mobile home to sit there an additional 2 years. She stated that her son helps his ailing father with the chores on the farm.

Ken Tex reminded the commissioners that the last Special Use Trailer Permit was approved with the stipulation that it not be renewed.

After a brief discussion,

Johnson moved, seconded by Matthies to recommend denial of the Special Use Trailer Permit. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

3. Don & Sandra Spicer, 16101 South 87th Street, Papillion requests approval of a Change of Zone from AG to AGD on the following described property, to wit: Being a platting of Tax Lot 4, located in the SW1/4 of Sec 23, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (87th Street, 2 mile south of Platteview)

**Marcia Matthies stated she would be leaving the room**

Don Spicer introduced himself and explained he had purchased this property in 1991and continued by noting some of the excerpts from the purchase agreement. He stated his wish to split his twenty acres in half.

Dave Weyh spoke in opposition to the subdividing of this property stating he thought there was an understanding that no one in that area would reduce their property below the twenty acres that was sold to them.

Don Meyer explained the Future Land Use Map and Zoning that the County uses to determine what can be done.

Steve Rasmussen indicated that he owns the first home on the private road. He stated that there is a 25' easement and if any more easement was granted, the road would be in his living room. He indicated that there is not enough road to accommodate any more traffic.

Ken Tex drew a map of the area showing where the easement sits and how it expands as it goes back into that area farther. He also explained the 66' easement that would be necessary if more property were to be subdivided.

Don Spicer thought maybe the opposition=s side should have inquired about county zoning and what is allowed in this area and further indicated that the posts on Rasmussen=s property might be keeping the road from being wide enough.

Discussion commenced concerning easements, zoning and subdividing.

The public hearing portion for this application was closed at 8:45 p.m.

More discussion took place among the commissioners regarding easements.

Nichols moved, seconded by Johnson to recommend denial of the Change of Zone because the easement does not meet the County requirements. Ballot: Ayes - Johnson and Nichols. Nays - Buller, Denny, Fenster, Buethe, Wees and Wear. Abstain - none. Absent - Labart and Matthies. Motion failed.

Buethe moved, seconded by Wear to recommend approval of the Change of Zone as it meets the comp plan. Ballot: Ayes - Fenster, Buethe, Wees, Wear and Meyer. Nays - Buller, Denny, Johnson and Nichols. Abstain - none. Absent - Labart and Matthies. Motion carried.

4. Don & Sandra Spicer, 16101 South 87th Street, Papillion requests approval of a Preliminary/Final Plat on a subdivision to be known as Stonegate on the following described property, to wit: Being a platting of Tax Lot 4, located in the SW1/4 of Sec 23, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (87th Street, 2 mile south of Platteview)

Steve Rasmussen reiterated his concern about the easement not being able to accommodate any more traffic.

Wendy Fleming asked why they had not been informed of the meetings for the Comprehensive Plan.

Ken Tex explained that they did indeed advertise and that they held approximately 20 public hearings. He also indicated it took almost two years worth of planning before this was voted on by the County Board.

Fenster moved, seconded by Buethe to recommend approval of the Preliminary/Final Plat as it meets the subdivision regulations and goes with the land use. Ballot: Ayes - Denny, Fenster, Buethe, Wees and Wear. Nays - Johnson and Nichols. Abstain - Buller. Absent - Labart and Matthies. Motion carried.

5. Hulda Schmid, 16104 Schmid Drive, Papillion requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of part of Government Lot 4, a tax lot located in the E1/2 of the SW1/4 in Sec 28, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (108th Street & Whitney Road)

6. Hulda Schmid, 16104 Schmid Drive, Papillion requests approval of a Preliminary/Final Plat on a subdivision to be known as Schmid=s First Addition on the following described property, to wit: Being a platting of part of Government Lot 4, a tax lot located in the E1/2 of the SW1/4 of Sec 28, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (108th Street & Whitney Road)

Gail Hennings, representing Hulda Schmid, indicated Ms. Schmid was looking to sell the house and five acres of land with it.

Buethe moved, seconded by Wees to recommend approval of a Change of Zone from AG to AGR as it meets the comp plan. Ballot: Ayes - Buethe, Buller, Denny, Fenster, Johnson, Matthies, Nichols, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

Johnson moved, seconded by Buethe to recommend approval of the Preliminary/Final Plat for Schmid=s First Addition as it meets the subdivision regulations. Ballot: Ayes - Buethe, Buller, Denny, Fenster, Johnson, Matthies, Nichols, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

7. Hulda Schmid, 16104 Schmid Drive, Papillion requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of part of Tax Lot C1, a tax lot located in the NW1/4 of the NE1/4 Sec 28, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (99th Street & Mitchell Road)

8. Hulda Schmid, 16104 Schmid Drive, Papillion requests approval of a Preliminary/Final Plat on a subdivision to be known as Schmid=s Second Addition on the following described property, to wit: Being a platting of part of Tax Lot C1, located in the NW1/4 of the NE1/4 of Sec 28, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (99th Street & Mitchell Road)

Gail Hennings again stated that Ms. Schmid was looking to sell a house and five acres of land with it. He indicated that the land wasn=t suitable for farming and, therefore, did not need this house or land anymore.

Buethe moved, seconded by Fenster recommend approval of a Change of Zone from AG to AGR as it meets the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

Fenster moved, seconded by Wees to recommend approval of a Preliminary/Final Plat for Schmid=s Second Addition as it meets the subdivision regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

9. Kevin Hopp, 17312 Iris Circle, Omaha requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of part of the W1/2 of Sec 19, Twp 13N, Rng 13E of the 6th P.M., Sarpy County, Nebraska. (57th Street, 3/4 mile south of Platteview)

10. Kevin Hopp, 17312 Iris Circle, Omaha requests approval of a Preliminary Plat on a subdivision to be known as Castile=s First Addition on the following described property, to wit: Being a platting of part of the W1/2 of Sec 19, Twp 13N, Rng 13E of the 6th P.M., Sarpy County, Nebraska. (57th Street, 3/4 mile south of Platteview)

Kevin Hopp explained that he owned 20+ acres that he was looking to split into four (4) five-acre lots. He also told the commissioners the name had been changed from Castile=s to Castel=s and would be reflected on the final plat. Mr. Hopp indicated that he had spoke to Ken Tex and agreed to change the egress to 66' and the utility easement from 10' to 16'. That would also be shown on the final plat.

Wees moved, seconded by Wear to recommend approval of a Change of Zone from AG to AGR as it meets the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

Wees moved, seconded by Wear to recommend approval of a Preliminary Plat for Castel=s Addition as it meets the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Labart. Motion carried.

III. CORRESPONDENCE:

Tamra Walz suggested that maybe a change in the flood plain regulations be changed so that it will be legal to park recreational vehicles/campers in the floodplain between October 11 and April 15 as long as they are attended.

Ms. Walz also stated that the Annexation proposed by the City of Papillion had been put on hold by the City

Council so the City Planning Commission could hold a public hearing on the matter.

Ken Tex discussed the Nebraska State Statute that deals with First Class Cities needing plat approval from the County Planning Commission and stated that he would like to see the Commissioners delegate that duty to the Planning & Building Department.

IV. ADJOURNMENT:

Being no further discussion, Wees moved, seconded by Buethe, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 9:52 p.m.

Respectfully Submitted,

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