Sep 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

September 18, 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, September 18, 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, Don Fenster, Brenda Kunz, Tom Hurley, Marcia Matthies, Don Meyer, Tom Wees and Doug Whitfield. Absent was Wayne LaBart, Denny Nichols and Alan Wear. 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.

Chair Meyer reported on the trip to West Des Moines saying that it had been attended by himself, Brenda Kunz, Tom Wees, Ken Tex, Cindy Gilbert, Mark Wayne and Tim Gay. He felt it was a good trip and indicated he had seen things that made an impression.

 

Tom Wees noted that because of the stringent landscaping ordinances, the developments were well done.

Don Meyer also stated that West Des Moines uses Tax Increment Financing to help pay off the debt incurred from the construction of the infrastructure also noting that the cities cooperate very well with each other.

Tom Hurley asked if there was any written information on the tour available.

Ken Tex said the Sarpy County Economic Development Corporation would most likely do a follow up on the tour since it was sponsored by them.

Don Meyer asked Ken Tex to update the Commissioners on the Highway 370 Corridor meeting held on Friday, September 13.

Ken Tex indicated the meeting included several architects, engineers, developers and county and city staff to get a concept on what Highway 370 should look like from around 90th Street west towards Interstate 80. The results of that meeting should be available in a month or so.

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

Chair Meyer asked for a motion to approve the minutes of the August 21, 2002 meeting. Wees moved, seconded by Buethe to approve the minutes as submitted. Ballot: Ayes - Buethe, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - Fenster. Absent - LaBart, Nichols and Wear. Motion carried.

 

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. Brian Newell, representative for Harriett Knake, 11006 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) (Tabled from August 21 meeting)

Cindy Gilbert read into record the letter from Mr. Newell asking to withdraw his application because the road improvements would take too much of the land there to build.

Fenster moved, seconded by Hurley to accept the withdraw letter from Mr. Brian Newell. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - LaBart, Nichols and Wear. Motion carried.

2. Amendment to Section 35 (Flood Plain District) of the Sarpy County Zoning Ordinances. (Tabled from August 21 meeting)

Ken Tex asked the Planning Commissioners to table this item until the November 20th meeting because the County will be meeting with the Papio-Missouri River NRD on September 25 and doesn= t know if it will take more than one meeting to discuss the proposed changes.

Wees moved, seconded by Fenster to table the proposed amendment to the flood plain district until the November 20, 2002 meeting. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - LaBart, Nichols and Wear. Motion carried.

3. Nextel Partners, Inc., 6750 Westown Parkway, West Des Moines, IA, request approval of a Special Use Permit to build a 190' cellular tower on the following described property, to wit: Lot 22, Lite Industrial Condo Park, a subdivision in Sarpy County, Nebraska. (177th & Storage Road)

Brian Ramirez of Nextel Partners asked the Planning Commission to approve a request for a Special Use Permit to build a 190' monopole cell tower at 17719 Storage Road, Lot 22, Lite Limited Industrial Condo Park. He indicated it would be a 6-carrier pole. He noted that it did fall within the new amended wireless tower ordinance for setback requirements and has a 50% break point.

Doug Whitfield asked why there were letters from two different tower companies.

Mr. Ramirez explained that, originally, Titan Towers had contracted with Nextel to build the tower. When that contract fell through, a contract was entered with Valmont. In the meantime, the Planning Commission had asked for statistics from Titan on fall distances, etc. That is why there are two contractor letters in the packet. Brain added that Valmont will own, build and maintain this tower.

Wees moved, seconded by Hurley to recommend approval of the Special Use Permit to build a 190' monopole cell tower as long as the applicant (Nextel) holds the lease. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - LaBart, Nichols and Wear. Motion carried.

4. Larry & Judith Kersten, 14901 S. 204th Street, Gretna, request approval of a Change of Zone from AG to IL on the following described property, to wit: Tax Lot 1A1B located in Sec 18, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (204th & Platteview Road)

Pat Sullivan, attorney, representing Larry and Judy Kersten, introduced himself and asked to amend the legal description for the applicants to read A That portion of Tax Lot 1A1B that lies south of Tax Lot 1B located in Sec 18, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska.@ He indicated that the northern portion of the tax lot is not used for the trucking company. It is still an agricultural use. He stated that the Kersten= s have been long time business merchants of the community and have had their business there for approximately 30 years. Several years ago, the Assessor= s Office began taxing the land as commercial. The Kersten= s thought it was time they bring the zoning up to date with the future use of the area, and therefore, request approval of this application.

Charles Meier, area resident, introduced himself as representing some of the homeowners in the area and presented a petition in protest of the re-zoning. He indicated that there was much less than the 20 acres required for agricultural use. He presented ariel photographs of Mr. Kersten= s land that shows no trucking on the property. He also indicated the only reason they amended the application to leave out the north section of that tax lot was because of the building that is being illegally put up for the hog confinement operation. He stated Mr. Kersten has expanded his business considerably in the last few years. Mr. Meier also noted that this is a residential area and commercial should not be a part of it. He asked the Planning Commission to deny the request for the zone change. He and his neighbors feel this business is a nuisance because of the noise it produces and feels it is wrong for the Planning Commission to make this nuisance legitimate.

Marcia Matthies asked Mr. Meier where his house was in relationship to the Kersten= s.

He pointed it out on a map.

Tom Hurley asked how long he had lived in the area.

Mr. Meier indicated it had been 11 years.

Ken Tex stated that his office had received a few phone calls from neighbors, but the only reference to the trucking business came from Commissioner Schram. Mr. Schram had received an e-mail and forwarded it to his Mr. Tex= s office. That letter mentioned the truck traffic and that fact that the trucks start up at three and four o= clock in the morning.

Don Fenster asked Ken Tex if there was anything illegal going on at the Kersten= s.

Ken Tex replied that, to his knowledge, there was not.

Ken Tex noted that the present zoning on the whole property is AG (Agricultural). The 1993 Future Land Use Map shows that Platteview Road is in a highway corridor protected area, which means that commercial/industrial use is the preferred use for that area. If anyone else was to come to re-zone a property to an industrial use, they would be allowed to.

Glen Closner purchased his property in 1994 and built his house in 1996. He indicated there were very few trucks five years ago and the business has expanded more in the last couple of years. He also stated the value of his property has gone down. He doesn= t know how many trucks Mr. Kersten has, but they shake his house. Mr. Closner also added that the covenants in their neighbor don= t allow commercial businesses, noting that Mr. Kersten does not live on property covered by those covenants.

Curt Yager asked if Kersten= s business was allowed to expand.

Mr. Tex answered yes.

Charles Meier that the trucks enter a driveway from a gravel road, not a paved one.

With Pat Sullivan= s rebuttal, he simply asked the Commissioners to allow the Kersten= s to bring their business up-to-date with what the Future Land Use Map indicates is appropriate for the area. He further noted that the Comprehensive Development Plan was developed with a scheme, knowing that Platteview Road would be a major thoroughfare and was planned accordingly. He again asked that the zoning be proper for the operation.

Matthies moved, seconded by Buethe to recommend approval of a Change of Zone from AG to IL on the modified application (being that part of Tax Lot 1A1B lying south of Tax Lot 1B) as it meets the comp plan for land use. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - LaBart, Nichols and Wear. Motion carried.

5. Matt & Tracy Hawkins (Thomas Hurst, owner), 17525 Madison Street, Omaha, request approval of a Change of Zone from AG to IL on the following described property, to wit: Being a platting of part of the NW1/4 of Sec 20, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (192nd & Giles Road)

Pat Sullivan, attorney representing Matt and Tracy Hawkins, pointed out on the map where this property was located and noted that the section that lies immediately east of this property has a future land use of commercial/industrial. He stated that it is a unique property, triangular in shape and sits between a creek and railroad ground. Mr. Sullivan indicated that the Hawkins= would like to put a mini-storage facility in this location. He considers this to be the highest and best use for the property. There is only 1.7 buildable acres. He continued by saying this is compatible with the future land use in the area. The creek and railroad land are natural buffers for this property.

Cindy Gilbert read into record the letter from the State of Nebraska regarding land elevations.

Ken Tex said that mini-storage facilities are not allowed in any zoning less than and IL(Light Industrial) zoning district.

It was brought up that this could be considered spot zoning as there is nothing else around this area yet.

Don Fenster stated that on occasions such as this, the thing to do is take the highest and best use of the property and he feels this is fitting for this land.

6. Matt & Tracy Hawkins (Thomas Hurst, owner), 17525 Madison Street, Omaha, request approval of a Preliminary/Final Plat for a subdivision to be known as Hawkins= s 1st Addition on the following described property, to wit: Being a platting of part of the NW1/4 of Sec 20, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (192nd & Giles Road)

Fenster moved, seconded by Matthies to recommend approval to amend the Comprehensive Development Plan from Residential High to Commercial/Industrial because it is compatible with the area. Ballot: Ayes - Buethe, Fenster, Hurley and Matthies. Nays - Kunz, Wees and Whitfield. Abstain - none. Absent - LaBart, Nichols and Wear. Motion carried.

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

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

7. Dowd Grain Company & HearthStone Homes, Inc., 8424 West Center Road, Omaha, request approval of a Change of Zone from AG to RD-50PD, RG25 & BG on the following described property, to wit: Being a platting of the SE1/4 of Sec 15, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (NW corner of 156th & Giles Road)

Cindy Gilbert read into record letters from the Papio-Missouri River NRD, the City of LaVista and Tom Lynam, County Surveyor.

Ken Tex explained the new PD (Planned Development District) zoning the County Board voted on the September 10, 2002. He said they had reduced the percentage from 20% to10% of the total number of lots that can be 50' wide.

John Fullenkamp, Attorney, indicated that a revised Preliminary Plat had been submitted that would conform to the new zoning district regulations. He stated this subdivision would be set on approximately 160 acres which would include 613 single family homes, 9 acres for general business use, approximately 12.6 acres to be used as multi-family and 11+ acres of treed area in the middle of the subdivision as green space. He also noted that the subdivision will do what the NRD has requested.

Don Meyer questioned the one cul-de-sac in the neighborhood.

Mr. Fullenkamp stated they do very few cul-de-sacs in neighborhoods anymore at the request of the County and Fire Districts.

Mr. Fullenkamp also noted that a siren will be installed in the subdivision. Streets will be named with the streets they line up with and this plat does allow for the improvements from 156th Street to 168th Street and Giles Road.

Wees moved, seconded by Whitfield to recommend approval of a Change of Zone from AG to RD-50PD, BG and RG-25 as it meets the comp plan. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - LaBart, Nichols and Wear. Motion carried.

8. Dowd Grain Company & HearthStone Homes, Inc., 8424 West Center Road, Omaha, request approval of a Preliminary Plat for a subdivision to be known as Springhill on the following described property, to wit: Being a platting of the SE1/4 of Sec 15, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (NW corner of 156th & Giles Road)

Wees moved, seconded by Hurley to recommend approval of the Preliminary Plat to be known as Springhill because it meets the subdivision regulations, comp plan and the new zoning regulations for a Planned Development. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - LaBart, Nichols and Wees. Motion carried.

III. CORRESPONDENCE:

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

IV. ADJOURNMENT:

Being no further discussion, Matthies moved, seconded by Fenster, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 9:20 p.m.

 

Respectfully Submitted,

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