Apr 2002

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

April 17, 2002

 

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, April 17, 2002 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: Don Fenster, Tom Hurley, Brenda Kunz, Wayne LaBart, Marcia Matthies, Don Meyer, Denny Nichols, Alan Wear and Tom Wees. Absent was Pam Buethe. Tamra Madsen, Deputy County Attorney was present. Ken Tex, Planning & Zoning Coordinator and Cindy Gilbert, Recording Secretary, were also present.

Chair Meyer asked for commissioner reports.

Tom Wees welcomed Tamra Madsen back from her honeymoon and indicated the Planning Commission was happy to have her back.

Tom Hurley stated to the Planning Commission that the special committee meeting regarding planned subdivisions that was to be held at 6:30 p.m. had been cancelled.

Ken Tex indicated that another meeting would be scheduled as soon as possible.

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

Chair Meyer asked for a motion to approve the minutes of the March 20, 2002 meeting. Wees moved, seconded by Hurley to approve the minutes as submitted. Ballot: Ayes - Fenster, Hurley, Kunz, LaBart, Matthies, Nichols, Wear and Wees. Nays - none. Abstain - None. Absent - Buethe. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. Recommend an addition to the Sarpy County Zoning Ordinances regarding wireless communication towers.

Ken Tex stated that this ordinance had been a compilation of ordinances from surrounding areas.

Chair Meyer opened up the floor for discussion.

Tamra Madsen, Deputy County Attorney, indicated she found a couple of areas that she felt need clarification. The first one concerns Section 37A.10.3. It was her opinion that it contradicted itself. The other concern was in Section 37A.11.4 where it was unclear to her who would grant the extension and if there was a fee involved with the extension.

After some brief discussion among the commissioners, the following changes were made to the ordinance:

1) 37A.10.3 - Add to the end of the second sentence: except those indicated as future residential areas.

2) 37A.11.4 - Add into the first sentence: One extension, at no charge, of no more than six months in duration...

Except for correcting any grammatical errors, no other changes were recommended.

Wees moved, seconded by Matthies, to recommend approval of the wireless tower regulations as amended both verbally and written as follows:

1) 37A.10.3 - Add to the end of the second sentence: except those indicated as future residential areas.

2) 37A.11.4 - Add into the first sentence: One extension, at no charge, of no more than six months in duration... and,

3) other non-substantive changes.

Ballot: Ayes - Fenster, Hurley, Kunz, LaBart, Matthies, Nichols, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe. Motion carried.

2. Nextel Partners, (Brian Ramirez, agent), 6750 Westown Parkway, Des Moines, IA, requests approval of a Special Use Permit to build a 240' cellular communications tower and equipment shelter on the following described property, to wit: the South 2 of the SE1/4 of Sec 16, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (173rd & Giles Road, north side)

Brian Ramirez, Nextel, introduced himself and stated they were coming back with an application similar to the one they had brought before the Planning Commission a few months ago. Instead of asking for a 250' cell tower, they are now asking for a 240' tower. Brian noted that he was aware of the new ordinance being voted on and said he still had to try for approval of his current application.

Denny Nichols questioned the need for a tower so tall.

Mr. Ramirez explained that, because of the terrain in that area, a taller tower was needed to get the coverage desired.

Ken Tex stated that he had received a call from Mr. Losole who currently has a lease on the land Nextel is trying to lease.

Gene Mackey said that all the parties involved had met and had come to an agreement about the land.

It was noted that shorter towers could be used in this area, but it would take more of them.

When the maximum height of the towers in a residential area were questioned, Ken responded by saying that these new ordinances had been gathered from four different cities within the area and we were trying to be consistent with them.

Gene Mackey stated that this land was very undesirable for home sites and that the 150' height limitation was foolishness. There are other poles in the area that appear to be much higher than the tower would.

After a brief discussion among the commissioners,

LaBart moved, seconded by Wees, to deny the request for a Special Use Permit as it would be in conflict with the cell tower ordinance that is being recommended to the County Board. Ballot: Ayes - Fenster, Hurley, Kunz, LaBart, Matthies, Nichols, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe. Motion carried.

3. Brad Fisher, 10130 S. 222nd Street, Gretna, requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Part of the NE1/4 of the NW1/4 of Sec 26, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (222nd & Cornhusker Road)

Brad Fisher introduced himself as the owner of the property and expressed his desire to have the change of zone and the preliminary/final plat approved to aid him in financing his home.

Ken Tex explained that Mr. Fisher owns 27 acres total and that he wants to plat a 5 acre piece of land where his home sits from the rest of his property. Ken also noted that it would be appropriate for this area as it meets the comprehensive plan of residential low (5+ acres).

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

4. Brad Fisher, 10130 S. 222nd Street, Gretna, requests approval of a Preliminary/Final Plat for a subdivision to be known as Chimera Ridge on the following described property, to wit: Part of the NE1/4 of the NW1/4 of Sec 26, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (222nd & Cornhusker Road)

Brad Fisher had no additional comments for this portion of his application.

Hurley moved, seconded by Nichols, to recommend approval of the Preliminary/Final Plat for Chimera Ridge as it meets the zoning regulations. Ballot: Ayes - Fenster, Hurley, Kunz, LaBart, Matthies, Nichols, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe. Motion carried.

5. Harrison Woods, LLC, 8701 West Dodge Road, Omaha, requests approval of a Final Plat on a subdivision to be known as Harrison Woods Replat 1 on the following described property, to wit: The SW1/4 of the NE1/4 of Sec 16, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (SE corner of 173rd and Chandler Street)

Doug Dreessen, representative for Harrison Woods, asked for approval of the Final Plat of Harrison Woods as it was consistent with the portion of the Preliminary Plat that was approved by the Planning Commission last month noting that he had met with the owners and developers of the Hillview subdivision located just south of Harrison Woods and it appeared they had worked out their differences.

Mr. Dreessen gave Denny Nichols a brief synopsis of what was discussed at last months meeting and also stated that this was not a replat and should be approved as Harrison Woods.

LaBart moved, seconded by Fenster, to recommend approval of the Final Plat for Harrison Woods as it complies with the comp plan and zoning regulations. Ballot: Ayes - Fenster, Hurley, Kunz, LaBart, Matthies, Nichols, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe. Motion carried.

6. Gerry Torczon, 5004 S. 110th Street, Omaha, requests approval of a Change of Zone from RE to IL on the following described property, to wit: Lots 3, 4, 5 & 6 of Corn= s 2nd Addition, located in the NW1/4 of Sec 35, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (Just south of 150th Street and State Highway 370)

Ken Tex stated several lots were zoned IL (Light Industrial) several years ago. There were also four lots near there zoned RE (Residential Estates). Gerry Torczon has recently purchased all of these lots and wishes to change them all to IL.

Nichols moved, seconded by Wear, to recommend approval of the Change of Zone from RE to IL as it complies with the comprehensive plan. Ballot: Ayes - Fenster, Hurley, Kunz, LaBart, Matthies, Nichols, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe. Motion carried.

III. CORRESPONDENCE:

The Planning Commissioners were reminded of the May 4th workshop being sponsored by the County and City Planners.

IV. ADJOURNMENT:

Being no further discussion, Matthies moved, seconded by Hurley, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 8:37 p.m.

 

Respectfully Submitted,

 

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