Jun 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
 
June 19, 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, June 19, 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, Tom Hurley, Wayne LaBart, Marcia Matthies, Don Meyer, Denny Nichols, Alan Wear, Tom Wees and Doug Whitfield. Absent was Don Fenster and Brenda Kunz. 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. There were none.

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

Chair Meyer asked for a motion to approve the minutes of the May 15, 2002 meeting. Buethe moved, seconded by LaBart to approve the minutes as submitted. Ballot: Ayes - Buethe, Hurley, LaBart, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Kunz. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1.  Kevin Hopp, 17316 Iris Circle, Bellevue, 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 Road)

Merrell Magelli stated they wanted two 5 acre pieces of land. They will adhere to the zoning requirements and easements.

Ken Tex stated that the comp plan was for a minimum of 5 acres and said they had already platted land down in that area.

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

2. Kevin Hopp, 17316 Iris Circle, Bellevue, requests approval of a Preliminary/Final Plat on a subdivision to be known as Castel' s Second 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 Road)

Wees moved, seconded by Wear to recommend approval of a Preliminary/Final Plat on a subdivision to be known as Castel' s Second Addition as it meets the subdivision regulations. Ballot: Ayes - Buethe, Hurley, LaBart, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Kunz. Motion carried.

3. Terry Stueckrath, 9002 Valaretta Drive, Gretna, requests approval of a Change of Zone from AG to AGD on the following described property, to wit: Being a platting of Tax Lots 4A and 4B, lying within the W1/2 of the NW1/4 of Sec 19, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (Highway 6, 1/4 mile north of Cornhusker)

Terry Stueckrath introduced himself as the applicant and let Ken Tex explain about the area and existing homes. Discussion was held concerning the fact that this land is located in an area where the future land use map is Commercial/Industrial. It was admitted that the area probably should have been changed to be conducive to the rest of the area.

Ken Tex also explained where the future Papio-Missouri River NRD lake was proposed in relationship to this land.

Wear moved, seconded by Buethe to recommend an amendment to the Comprehensive Plan to change the Future Land Use Map for Tax Lots 4A and 4B in Section 19, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska from Commercial/Industrial to Transitional Agricultural as it fits the current land use in the area. Ballot: Ayes - Buethe, Hurley, LaBart, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Kunz. Motion carried.

LaBart 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, LaBart, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Kunz. Motion carried.

4. Terry Stueckrath, 9002 Valaretta Drive, Gretna, requests approval of a Preliminary/Final Plat on a subdivision to be known as Sarpy Heights 4 on the following described property, to wit: Being a platting of Tax Lots 4A and 4B, lying within the W1/2 of the NW1/4 of Sec 19, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (Highway 6, 1/4 mile north of Cornhusker)

LaBart moved, seconded by Wear to recommend approval of a Preliminary/Final Plat on a subdivision to be known as Sarpy Heights 4 as it meets the comp plan and subdivision regulations. Ballot: Ayes - Buethe, Hurley, LaBart, Matthies, Nichols, Wear, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Kunz. Motion carried.

 

5. Nextel Partners, Inc., 6750 Westown Parkway, West Des Moines, requests approval of a Special Use Permit to build a 190' monopole cell tower on the following described property, to wit: Lot 22, Lite Industrial Condo Park, a subdivision located in Sec 16, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (177th & Storage Road)

Harvey Cooper, attorney for Nextel Partners, stated his clients were looking to put a 190' monopole cell tower on Storage Road in the industrial park. He indicated there are problems covering this area and this tower will help alleviate the problems. He also indicated that this tower would be used for public service as the Gretna Fire Department is using Nextel' s service.

Brian Ramirez passed out a time line on all of the cell tower applications that had been submitted and maps of the coverage area. He also showed a map of the A dropped calls list@ indicating that this tower would eliminate a lot of those dropped calls.

Shaun Hensted said he will provide a letter from Titan Towers, the manufacturer, to show a 50% fall distance for the tower. He stated that he knows the setback requirements do not meet county regulations, but requested the Planning Commission grant a variance to relax those regulations.

Chair Meyer stated that the Planning Commission could not grant variances. They would have to petition the Board of Adjustment for a variance.

Discussion ensued on the necessity of the height of the tower.

Brian Ramirez explained that it is the frequency that they use that requires them to be higher. Other companies can operate at a lower height depending on the frequency they use.

Mr. Cooper agreed they would have to go to the Board of Adjustment to get a variance, but asked the Planning Commission to go ahead and approve the Special Use Permit.

**The public hearing was closed at 8:27 p.m.**

Discussion focused on location, height, liability and county regulations for towers.

Nichols moved, seconded by Matthies to recommend denial of the Special Use Permit to build a 190' cell tower because it does not meet Sarpy County Cell Tower Regulations for setback requirements. Ballot: Ayes - Hurley, LaBart, Matthies, Nichols, Wees and Whitfield. Nays - Buethe and Wear. Abstain - none. Absent - Fenster and Kunz. Motion carried.

III. CORRESPONDENCE:

Ken Tex told the Planning Commissioners he had indeed responded to the neighbors of Martin Marietta by letter. He stated that one of them had written back to him thanking him for his letter.

Tamra Madsen updated the Planning Commissioners on the actions taken by the County Board, stating that everything except Martin Marietta had been approved. Martin Marietta had asked for and received a continuation of their application until July 9. She also passed out information on LB 729. Tamra mentioned ex-parte communication and stated that Cindy would make sure everyone had a copy of her original memo. Also brought up was the fact that Nextel has filed suit against the Sarpy County Board of Commissioners.

It was also noted that the workshop held earlier in the evening had favorable reviews.

 

IV. ADJOURNMENT:

Being no further discussion, Matthies moved, seconded by Nichols, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 8:45 p.m.

 

Respectfully Submitted,

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