Aug 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
 
August 21, 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, August 21, 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: Pam Buethe, Brenda Kunz, Tom Hurley, Marcia Matthies, Don Meyer, Denny Nichols, Alan Wear, Tom Wees and Doug Whitfield. Absent was Don Fenster and Wayne LaBart. Tamra Madsen, Deputy County Attorney was present. Also present were Ken Tex, Planning & Building Coordinator and Cindy Gilbert, Recording Secretary.

Chair Meyer asked for commissioner reports.

Tom Hurley indicated he would not be available for the bus tour to Des Moines, but asked that someone give a report of the tour.

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

**Tom Wees joined the meeting at 7:34p.m.**

Chair Meyer asked for a motion to approve the minutes of the July 17, 2002 meeting. Wear moved, seconded by Matthies to approve the minutes as submitted. Ballot: Ayes - Hurley, LaBart, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - Buethe. Absent - Fenster and LaBart. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. Brian Newell, representative for Harriett Knake, 1106 Prairie Brook Road, Omaha, requests approval of a Change of Zone from RS-72 to IL on the following described property, to wit: Lot 5A and 6A, Block 14, Chalco, located in the NW1/4 of Sec 14, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (151st & Chandler)

Mr. Newell was not in attendance at the meeting.

Wees moved, seconded by Buethe to move this agenda item to the end of the meeting, agenda item #5A in case Mr. Newell came in later. Ballot: Ayes - Buethe, Hurley, Kunz, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - Buethe. Absent - Fenster and LaBart. Motion carried.

2. Steve Lapke, 12908 S. 36th Street, Bellevue, requests approval of a Change of Zone from AG to AGD and a Preliminary/Final Plat on a subdivision to be known as Lapke= s Second Addition on the following described property, to wit: Being a platting of part of the NE1/4 of Sec 24, Twp 13N, Rng 12E and part of the NW1/4 of Sec 19, Twp 13N, Rng 13E of the 6th P.M., Sarpy County, Nebraska. (57th Street, approximately 1/4 mile south of Platteview Road)

Steve Lapke introduced himself and explained that he wanted to plat a two lot subdivision with an 11 acre and a 15 acre lot.

Ken Tex added that we have already platted several 5 & 10 acre pieces down in that area and that it meets the comp plan requiring a minimum of 5 acres and also meets zoning regulations.

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

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

3. Amendment to Section 35 (Flood Plain District) of the Sarpy County Zoning Ordinances.

Ken Tex explained that we had received a suggestion from the Papio-Missouri River Natural Resource District (NRD) to amend our flood plain regulations for appurtenant structures. It was re-worded to match what the NRD= s regulation states. We then received a letter from the NRD asking us to table this proposed amendment until they could meet with County officials and discuss this further.

Buethe moved, seconded by Wees to table the amendment to Section 35 (Flood Plain District) as requested by the NRD until the next regular meeting. Ballot: Ayes - Buethe, Hurley, Kunz, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and LaBart. Motion carried.

4. Amendment to Section 33 (Planned Development District) of the Sarpy County Zoning Ordinances.

Cindy Gilbert read into record the letter received from the City of LaVista.

Chair Meyer asked to clarify each change that was proposed.

Ken Tex explained that the only change we are looking at is to add that 20% of the lots may be reduced to a minimum lot width of 50'. Density will remain the same because the size of the lot will not change. He gave and example of the Hickory Ridge stating that they had been given a variance several years ago to put in all 50' wide lots. Even with the right to put all the lots the same size, most of the lots are still wider than 50' because of the style of home that goes on them. This simply gives the developer a little flexibility.

John Fullenkamp talked about the cost of a A running foot@ and indicated that it saves the developer a little money when the lot widths are reduced. He also added that the developers won= t be completely happy with this amendment, but stated it is a compromise that they can live with because it does give them some flexibility.

Pam Buethe said that any saved money won= t be passed on to the consumer. It will just go into the developers pocket. She also stated that since we aren= t having any trouble building homes with the zoning the way it is, she can= t see a good reason why we should change it.

Mr. Fullenkamp indicated that A starter homes@ in this area start at about $115,000.00 and for every $1,000.00 that is added to the cost of a home, one percent (1%) of the market is eliminated.

Tom Wees stated he lives in Lakewood Villages and, right now, 85% of the 50' wide lots are sold, while only 10% of the 70' wide lots have been sold.

Doug Whitfield questioned the lot sizes in a PD Zoning for the Cities of Bellevue and Papillion.

Mr. Tex stated Bellevue allows a 50' wide lot and Papillion recently platted a subdivision that would allow an 82' wide lot for duplexes which could be split into two 41' wide lots for single-family homes.

Don Meyer that the Cities didn= t openly participate in the joint meeting with the Sarpy County Board of Commissioners.

Pam Buethe indicated that the Cities were unaware that they could participate.

It was noted that, during the meeting, Tim Gay asked them their opinion and few comments were given.

Alan Wear stated he felt there might be some problems with parking if the lot sizes were reduced.

Ken Tex explained that there still be a minimum of four off-street parking spaces with a double-sized driveway.

Doug Whitfield asked what the average size of a house is built on a 50' wide lot.

John Fullenkamp indicated the houses are usually split-level houses with 1,100 to 1,200 square feet. He explained that split-levels don= t need as wide a lot as ranch-style homes do. He added that parking is rarely a problem unless it is on a cul-de-sac. He went on to say that cul-de-sacs have been eliminated as much as possible at the County= s request.

Tom Hurley indicated that we should be looking at the current laws and what we can do to make them better and also to make sure that all residents are being taken care of.

Brenda Kunz questioned our responsibility to the Cities.

Ken Tex indicated that we have compromised with them by not allowing all the lots to be reduced to 50' wide. Our proposed amendment would only allow 20% of them to be reduced to that size. He also stated that by amending the Planned Development District, we are not changing the regular Zoning Districts at all.

After some further discussion concerning green space, lot size, lot area, etc.;

Nichols moved, seconded by Wees to recommend approval of the amendment to Section 33 (Planned Development District) that allows 20% of the lots to be reduced to a minimum of 50' wide lot as it meets the market demand and the flexibility of land use. Ballot: Ayes - Hurley, Kunz, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and LaBart. Motion carried.

5. Amendment to Section 37A (Wireless Tower Regulations) of the Sarpy County Zoning Ordinances.

Ken Tex started by saying that, when we originally put this together, we used the setback requirements identical to the City of LaVista. Recently, the County Board of Commissioners have asked us to take another look at this portion and add something that could reduce the required setback to allow a tower to go into a smaller area.

Denny Nichols asked what the liability would be for the County if one of the towers were to fall.

Tamra Madsen suggested that we could be sued.

Alan Wear said that monopole tower don= t fall easily given the design.

Doug Whitfield asked if the tower manufacturers have some kind of design standards they are required to follow.

Harvey Cooper, Attorney, stated that Valmont (a manufacturer of towers) said that many times they will design a tower to fall at 50% of its height. He added that, in Valmont= s 40 years in business, they have never had a tower fail. They do have to meet ANSI (American National Standards Institute) standards.

Ken Tex asked the commissioners if they thought the ordinance might be too restrictive.

Alan Wear said he thought they made a mistake by passing it in the first place and feels it is still too restrictive.

Harvey Cooper stated that the telecommunications industry is ever-changing and the demand for service increases as the area grows.

After further discussion,

Nichols moved, seconded by Wees to recommend approval of an amendment to Section 37A (Wireless Tower Regulations) with the following changes: (1) Change the word manufactures to manufacturers; (2) Change: The height....."the top of any telecommunications facilities" to "the top of the tower"; (3) Change: "manufacturers fall distance rate" to "manufacturers designed fall distance rate".

5A. Brian Newell, representative for Harriett Knake, 1106 Prairie Brook Road, Omaha, requests approval of a Change of Zone from RS-72 to IL on the following described property, to wit: Lot 5A and 6A, Block 14, Chalco, located in the NW1/4 of Sec 14, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (151st & Chandler)

As Mr. Newell did not show up, Ken Tex stated he had spoke with the County Highway Department in reference to this site. He was told that, because of future road improvements to Chandler, a large portion of Lot 5A would be gone. Mr. Tex explained to Mr. Newell approximately how much of that lot he would be losing and Mr. Newell indicated he was not sure he wanted to continue. Mr. Tex advised him to send our office a letter of withdraw if he chose not to continue with the application. Mr. Newell did not send a letter to the Planning Department. Ken then suggested that we table the application and give Mr. Newell extra time to decide what he wants to do.

Wees moved, seconded by Nichols to table the application submitted by Mr. Newell until the next regular meeting. Ballot: Ayes - Buethe, Hurley, Kunz, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and LaBart. Motion carried.

III. CORRESPONDENCE:

Tamra Madsen informed the commissioners of the zoning actions taken by the County Board at their last meeting.

Ken Tex mentioned that Olson & Associates had been hired to do a study of the corridor protection along Highway 370 from about 90th Street to Interstate 80. He stated that members of the Planning Commission will be invited to future meetings.

V. 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 9:12 p.m.

 

Respectfully Submitted,

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