Mar 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

March 20, 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, March 20, 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: Tom Hurley, Brenda Kunz, Wayne LaBart, Marcia Matthies, Don Meyer, Alan Wear and Tom Wees. Absent were Pam Buethe, Don Fenster and Denny Nichols. Lee Polikov, Sarpy County Attorney was present. Ken Tex, Planning & Zoning Coordinator and Cindy Gilbert, Recording Secretary, were also present.

Chair Meyer asked for commissioner reports.

Brenda Kunz stated she had attended the planning and zoning conference in Kearney and had met some interesting people and learned a lot from the conference.

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

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

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. David Vermeulen, 7109 Florence Street, LaVista requests approval of a Special Use Permit to amend the operational plan on the following described property, to wit: Tax Lots 1 & 2, located in Sec 10, Twp 13N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (156^th & Fairview Road) (Tabled item from February 20)

Ken Tex read into record the letter from David Vermeulen stating that he was withdrawing his application to amend his Special Use Permit and thanked the commissioners for their time and effort.

Wees moved, seconded by LaBart to accept the withdraw of the application for a Special Use Permit. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

2. Ballena Limited Partnership, 9749 S. 175^th Circle, Omaha requests approval of a Change of Zone from RS-72 to RE 1 on the following described property, to wit: Being a replat of Lots 123 through 184, inclusive, Ballena, located in the E1/2 of Sec 28, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (168^th & Ridgemont) (Tabled item from February 20)

Don Heine, Hill-Farrell Associates, Inc., represented Ballena Limited Partnership stating that this was originally platted as 52 single family lots. They would like to change the zone to allow for 1+ acre lots. With this change, there would only be 22 lots. The developer feels there is more of a market for larger homes in this area.

LaBart moved, seconded by Wees, to recommend approval of a Change of Zone from RS-72 to RE 1 for Ballena Estates as it complies with the comp plan and zoning regulations. Ballot: - Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

3. Ballena Limited Partnership, 9749 S. 175^th Circle, Omaha requests approval of a Preliminary Plat on a subdivision to be known as Ballena Estates on the following described property, to wit: Being a replat of Lots 123 through 184, inclusive, Ballena, located in the E1/2 of Sec 28, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (168^th & Ridgemont) (Tabled item from February 20)

With no further discussion,

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

4. Ken Harpenau, 23211 Fairview Road, Gretna requests approval of a Change of Zone from AGD to AGR on the following described property, to wit: Being a replat of Lot 1, Harp' s Third Addition, located in the NE1/4 of Sec 15, Twp 13N, Rng 10E of the 6^th P.M., Sarpy County, Nebraska. (234^th & Fairview)

Ken Harpenau deferred the explanation of his application to Ken Tex who stated that Mr. Harpenau was looking to divide his 15 acre lot into two lots. One lot would be approximately 7 acres and the other would be approximately 8 acres. Ken Tex also explained that the 12' easement should be acceptable since there won' t be any other lots that have access to that easement. Widening that easement would take out an entire row of mature trees.

Keith Carson indicated that he has a 99 year land lease contract that affects the property that Mr. Harpenau is dividing. He wanted to make that known to the Planning Commission.

Lee Polikov, Sarpy County Attorney, stated that the lease is a matter of legal record in the Register of Deeds Office and generally goes with the land, regardless of who owns it. It doesn't affect the division of the land, but would be disclosed to a potential buyer.

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

5. Ken Harpenau, 23211 Fairview Road, Gretna requests approval of a Preliminary/Final Plat on a subdivision to be known as Harp' s Third Addition Replat 1 on the following described property, to wit: Being a replat of Lot 1, Harp' s Third Addition, located in the NE1/4 of Sec 15, Twp 13N, Rng 10E of the 6^th P.M., Sarpy County, Nebraska. (234^th & Fairview)

With no further discussion,

Wear moved, seconded by Kunz, to recommend approval of the Preliminary/Final Plat for Harp' s Third Addition Replat 1 as it complies with the zoning regulations. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

6. Qwest Wireless, LLC, 910 N. 43^rd Avenue, Omaha requests approval of a Special Use Permit to build a 113' monopole cellular communications tower on the following described property, to wit: A part of Tax Lot 5, located in the SE1/4 of Sec 14, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (149^th & Chandler)

Bob Westfall, representing Qwest Wireless, requested approval from the Planning Commission to build a 113' monopole communications tower. He gave the location as 14901 Chandler Road and explained that this was in a commercial zone.

When questioned, Corby Dill, Qwest Wireless, stated that he thinks they presently have 10 to 15 towers in Sarpy County ranging in height from 50' to 185'.

Wees moved, seconded by Wear, to recommend approval of a Special Use Permit to build a 113' monopole cell tower as it complies with the comp plan and zoning regulations as long as it allows room for co-locations. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

7. Harrison Woods, LLC, 8701 West Dodge Road, Omaha requests approval of a Change of Zone from AG to RS-72 & RD-50PTD on the following described property, to wit: Being a platting of part of the SW1/4 of the NE1/4 of Sec 16, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (174^th & Harrison)

Doug Dreessen, Thompson, Dreessen & Dorner, Inc., introduced himself as the representative for Harrison Woods, LLC and explained that they were wanting to extend the town homes and villas south on 173^rd Street. He reminded the commissioners that the preliminary plat had already been approved with town homes.

Ken Tex displayed the map of the original preliminary plat and noted that the street layout had not changed.

Tom Hurley asked why they would choose to put additional town homes when they had already platted several.

Mr. Dreessen indicated the market seemed to be calling for smaller homes for smaller families at this time.

Ken Tex explained that, although there will be more units of housing, the setback requirements will cause there to be 20' between the town homes and villas instead of the normal 10' as a single family home has.

Robert Doyle, Attorney for Hillview, LLC, supports Harrison Woods endeavor and wants access to Hillview, but would like to see them remove the town homes from the east side of 173^rd Street at Chandler. He doesn' t think that would be compatible with the RS-72 zone in Hillview that will back up to the proposed town homes.

Mark Wayne, Sarpy County Administrator, feels the Planning Commission should have been able to see the layout for the town homes before the meeting. He thinks there is too much going back and forth as far as the zoning is concerned and would like to see them go back and redesign the area so it will fit together better. Mr. Wayne also stated his concern that this will be too much density and will cause more parking on the street.

Tom Falcone, developer of Hillview subdivision, indicated that Millard Park was a perfect example of how town homes and houses were built around each other. He' s sure that both will sell and one size lot doesn' t threaten the other.

Tom Wees stressed the need for mixed use communities.

Doug Dreessen said this platting is just an extension of what had already been approved.

Ken Tex suggested, if the Planning Commission was having a problem with any part of the Preliminary, they could approve only the parts they were comfortable with.

Lee Polikov agreed with Mr. Tex' s statement.

Bob Doyle indicated approving part of the Preliminary was also a good idea.

Alan Wear implied the applicant should either request approval of a portion of the preliminary or risk the plat being denied as submitted.

Doug Dreessen would prefer to see the whole thing approved, but will accept the approval of just the lots that line up with 173^rd Street.

LaBart moved, seconded by Matthies, to recommend approval of a Change of Zone from AG to RS-72 & RD-50 PTD as it meets the comp plan and zoning regulations. Ballot: Ayes - Kunz, LaBart, Matthies and Wees. Nays - Hurley and Wear. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

8. Harrison Woods, LLC, 8701 West Dodge Road, Omaha requests approval of a Preliminary Plat on a subdivision to be known as Harrison Woods (Phase 2) on the following described property, to wit: Being a platting of part of the SW1/4 of the NE1/4 of Sec 16, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (174^th & Harrison)

After some continued discussion,

Matthies moved, seconded by LaBart, to recommend approval of a Preliminary Plat for Harrison Woods Replat 1 for all of Lot 164, sublots 1-2 of Lot 165 and sublots 4-14 of Lot 167 as it complies with the zoning regulations. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies and Wees. Nays - Wear. Absent - Buethe, Fenster and Nichols. Motion carried.

9. Hillview, LLC, 17116 Washington, Omaha requests approval of a Change of Zone from AG to RS-72 & RD-50PTD on the following described property, to wit: Being a platting of part of Tax Lot 3A, located in the SE1/4 of Sec 16, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (NW corner of 168^th & Giles)

Jeff Elliott, E & A Consulting, introduced himself as the representative for Hillview, LLC. He stated this piece of property lies directly south of Harrison Woods and is approximately 27 acres. They intend to put single family homes everywhere in the subdivision except along the railroad tracks where they felt the town homes would work better. The town homes would sit on lots that measure 80' X 125'.

Wayne LaBart asked Mr. Elliott if they would entertain the possibility of working out an agreement with Harrison Woods on the re-location of some of the town homes.

Cindy Gilbert read into record the letters from the Papio-Missouri River Natural Resource District and the Sarpy County Emergency Management Agency.

Jeff Elliott agreed to comply with the NRD' s requests and cooperate with SCEMA in placing a siren where needed.

Tom Hurley raised the concern of only one access and asked when the other road would be put in.

Tom Falcone said he feels growth will push it east in a fairly short period of time.

Mark Wayne stated that the County Highway Department could recommend they go ahead and have them put the second entrance in. Lots 17 - 30 seem to be too small to have the house cover no more than 25% of the lot.

Alan Wear questioned the setbacks on those lots.

Ken Tex explained that the side yard setbacks on those lots are 5'. When you allow a 0' lot line on one side, you will add the 5' to the other side making the houses 20' apart.

LaBart moved, seconded by Matthies, to recommend approval of the Change of Zone from AG to RS-72 & RD-50 PTD as it complies with the comp plan. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

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10. Hillview, LLC, 17116 Washington, Omaha requests approval of a Preliminary Plat on a subdivision to be known as Hillview on the following described property, to wit: Being a platting of part of Tax Lot 3A, located in the SE1/4 of Sec 16, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (NW corner of 168^th & Giles)

LaBart moved, seconded by Wees, to recommend approval of the Preliminary Plat for Hillview as it complies with the zoning regulations with the stipulations that the maintenance easement be granted to the S.I.D., the NRD' s requests be followed and they discuss a warning siren with Sarpy County Emergency Management. Ballot: Ayes - Hurley, Kunz, LaBart, Matthies, Wear and Wees. Nays - none. Abstain - none. Absent - Buethe, Fenster and Nichols. Motion carried.

***A short break was taken at 9:32 p.m.***

***The meeting resumed at 9:40 p.m.***

III. CORRESPONDENCE:

1. Discussion regarding a new zoning district to allow 50' wide lots.

John Fullenkamp, Attorney, provided his view of creating a Planned Subdivision Ordinance to balance growth and provide equal opportunity for all people. He added that the cost of preparing the ground is considerably higher than it used to be, and, every time you increase the cost of a home by $1,000, you eliminate 3% to 4% of the market. If we can provide green space and wider roads, we can provide a little more density. He stated that Bellevue has a zoning district that will accommodate 50' wide lots as long as other criteria are met. Omaha also has lots available at 50' widths. Mr. Fullenkamp feels it would be appropriate to see a 50' lot width. It wouldn' t necessarily mean more density, but could gear it to today' s market.

Bob Doyle indicated he has worked a lot with zoning and residential developing and would like to see some planned developments with the 50' wide lot. The trend lately has been more density. Eventually Sarpy County will run out of land. We will be excluding a lot of A young people and empty nesters@ if we don' t provide more areas with smaller lots and homes. He stated he would like to see something similar to Bellevue' s zoning district. It allows the developer to be more flexible in design as long as other certain criteria are met. He indicated that times are changing as are the needs of people. Allowing a planned subdivision will allow the flexibility needed for developers and the market trends.

Mark Wayne does not want to see another subdivision where all the lots are 50' wide. He would be more open to 50' wide lots if the developers will use some innovation. It needs other amenities that make it unique.

Pat Sullivan voiced his concerns about creating more ordinances ultimately costing the builder more. That will, in turn, drive the prices up. Spending $1,000 to $4,000 more will be cutting out a large portion of people capable of buying a home.

David Potter, LaVista City Planner, stated that the City of LaVista is against 50' wide lots. Reducing lot width will increase density, which will increase parking problems as well as fire and safety issues. The City has a minimum lot width of 70' and already has to deal with the County' s 60' wide lots. He suggested the County take a look at a Planned Unit Development.

Ken Tex said that, even if the lot width is 50', the zoning district still has a minimum square foot restriction.

Pat Sullivan indicated that there is a huge market for lesser priced homes.

Tom Wees said that large lots are only for people who can afford them.

The general consensus was that more information needed to be gathered to make a decision on how to proceed. A committee was formed to study the need for an additional zoning district. The committee consists of Planning Commissioners Tom Hurley, Tom Wees and Brenda Kunz. Also serving on the committee will be Ken Tex and Mark Wayne.

2. Discussion regarding addition to the zoning ordinances for communication towers.

Ken Tex noted that he had received the cell tower ordinances from several city jurisdictions and had compiled them into a draft copy of an ordinance for the County. He then read excerpts from the compilation.

Brian Ramirez, Nextel, stated that he deals with zoning ordinances all over the country and feels it is a necessity. It is easier to know what the guidelines are before you start searching for ground to build towers. He explained that high and low frequencies and the topography of the land account for the need for different size tower.

Gene Mackey doesn' t feel that there should necessarily be height restrictions. Looking at the surrounding area should be more important.

After a brief discussion, it was decided that the ordinance that was presented to the Planning Commission should be brought back at the next regular meeting for action.

IV. ADJOURNMENT:

Being no further discussion, LaBart moved, seconded by Wear, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 11:17 p.m.

Respectfully Submitted,

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