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 16, 2003

 

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 16, 2003 in the County Board Room at the Sarpy County Courthouse, Papillion, Nebraska. Chairman Wear called the meeting to order at 7:30 p.m. with the following members present: Pam Buethe, David Fanslau, Don Fenster, Tom Hurley, Brenda Kunz, Wayne LaBart, Marcia Matthies, Don Meyer, Tom Wees and Alan Wear. Absent was Doug Whitfield. Tamra Walz, Deputy County Attorney was present. Also present were Ken Tex, Planning & Building Coordinator and Cindy Gilbert, Recording Secretary.

Chairman Wear asked for commissioner reports. There were none.

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

Chairman Wear asked for a motion to approve the minutes of the March 19, 2003 meeting. Fenster moved, seconded by Hurley to approve the minutes of the previous meeting as submitted. Ballot: Ayes - Fenster, Hurley, Kunz, Matthies, Meyer, Fanslau and Wees. Nays - none. Abstain- Buethe and LaBart. Absent - Whitfield. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

1. Dodge Land Company, 8701 West Dodge Road, Omaha, requests approval of a Final Plat for a subdivision to be known as Millard Park South 2 on the following described property, to wit: Lots 330-345, inclusive, being a platting of part of the SW1/4 of Sec 15, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska (NE corner of 168^th & Giles Road)

Chris Cain, HGM Associates, representing the developer, explained how they had changed the lots to the north of Redwood so they matched the single family homes that were already there. He also indicated the connecting streets linking Millard Park South and Springhill have been adjusted so they match up.

Cindy Gilbert read into record the letter from Dave Petrocchi, E & A Consulting Group, Inc., representing the Springhill subdivision to Chris Cain, E & A Consulting Group, Inc., stating Springhill would be adjusting their final plat to reflect the lining up of the two connecting streets between Millard Park South 2 and Springhill.

Cindy Gilbert read into record the letter from the City of LaVista regarding the aforementioned agenda item asking about any variations to the yard setbacks and open space requirements and recommending the item be tabled until further information is gathered.

The question was asked if a turnaround was going to be put in.

Chris Cain stated that another platting of the land to the south, where that street ends, is already in the works.

*Public Hearing was Closed at 7:40 p.m.*

Ken Tex reminded the commissioners that these items had already been discussed in the Preliminary Plat and the Final Plat conforms to the Preliminary.

Fenster moved, seconded by Hurley, to recommend approval of the Final Plat for a subdivision to be known as Millard Park South 2 as it complies with the subdivision regulations. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Matthies, Meyer, Fanslau and Wees. Nays - none. Abstain - none. Absent - Whitfield. Motion carried.

2. Steven Lapke, 1103 Galvin Road, Bellevue, requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of Lot 1, Lapke= s Addition, together with part of the NE1/4 of the NE1/4 of Sec 24, Twp 13N, Rng 13E of the 6^th P.M., Sarpy County, Nebraska (2 mile south of Platteview Road, between 57^th & 63^rd Streets)

Steve Lapke stated he and his brother, Bob, together owned 37.2 acres. They are looking to subdivide this acreage into 6 lots ranging in size from 5 acres to 10 acres. There will be one access off 57^th Street and one access off 63^rd Street.

Ken Tex noted that a 66' access to the lots in the back gives room for the roadway in the event the lots go smaller someday in the future.

Steve Lapke stated that the only place they have been able to find water is on the 63^rd Street side. They will give water rights for the existing well and drilling rights for a second well if and when needed.

*Public Hearing was Closed at 7:48 p.m.*

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

Wees moved, seconded by LaBart to recommend approval of a Final Plat for a subdivision to be known as Harrison Woods Replat 3 with the stipulation they put in a 12' turn lane as suggested by the County Surveyor= s office, as it complies with the subdivision regulations. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Matthies, Meyer, Fanslau and Wees. Nays - none. Abstain - none. Absent - Whitfield. Motion carried.

5. Joe Olivo, 9701 Mitchell Road, Papillion, requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 15, Lake Olivo, located in Sec 28, Twp 13N, Rng 12E of the 6^th P.M., Sarpy County, Nebraska (99^th Street, south of Mitchell Road)

Joe Olivo stated this trailer will be set on Lot 15 of Lake Olivo. It will have a septic system and water. It will meet flood plain regulations for height and be used for recreation only. He said they already have 13 trailers in that area now. He also indicated that Hill-Farrell Associates would be doing the survey for flood elevation for him.

*Public Hearing was Closed at 7:59 p.m.*

Matthies moved, seconded by Fanslau to recommend approval of a Special Use Trailer Permit to park a single wide trailer for recreational use only, renewable every three years by publication as it meets the zoning requirements and flood plain requirements. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Matthies, Meyer, Fanslau and Wees. Nays - none. Abstain - none. Absent - Whitfield. Motion carried.

6. Ready Mixed Concrete, 4315 Cuming Street, Omaha, requests approval of a Change of Zone from RS-72 to IL on the following described property, to wit: Lots 16-21, Block 12, Chalco, located in the NW1/4 of Sec 14, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska (152^nd & Chandler)

Jeff Ward, Operations Manager for Ready Mixed Concrete, stated Ready Mixed Concrete= s desire to re-zone Lots 16-21 to IL (Light Industrial). There is a 36' x 42' barn currently on one of the lots that they would like to tear down and replace with a 25' x 50' metal structure for the storage of re-bar and other materials.

Cindy Gilbert read into record the letter from the City of LaVista regarding their recommendation to deny this application based upon its nonconformance with the comprehensive plan and the potential impact on the surrounding residential properties.

Ken Tex noted that Lot 16 and 17 had already been re-zoned to BG (General Business) in 1995. He gave a general layout of the area showing where the business is compared to the residential areas.

Mr. Ward stated their long range plans are to use these lots for parking and storage. They purchased the business from Penne Concrete in 1989.

When asked about Jasper Street, it was unclear if that street had been vacated by the County or not. It now consists of a small strip of grass about 6' wide. It is generally maintained by Ready Mixed Concrete.

Buffers were discussed for other businesses such as I-80 Industrial Park and Don Fenster ask how we got them to create a buffer of 50'.

Ken Tex explained it was a much larger area and the residential area was already there when the industrial area came in. Therefore, a buffer was requested to reduce noise from the residents in the area.

It was asked and answered that Emerald Oaks subdivision was platted in 1994.

Brian Stone, a resident across the street, stated that he has a fence in his back yard and he doesn= t think that strip of grass is 6' wide.

Steve Longwell questioned whether Ready Mixed is planning to purchase even more property than what they are trying to re-zone now.

Chairman Wear noted that the only property they would discuss was what the applicant had applied for.

Todd Nowka, neighboring resident, stated he lives east of the property and noted that this neighborhood used to be a peaceful place. He had understood the plant was supposed to be temporary. He stated the noise level is way too high. When the trucks are backing up, their beepers are very loud and they pound on the trucks with hammers to break the concrete off. He can= t enjoy his property with all the noise.

Tom Hurley asked Mr. Nowka if he had attended the meeting in 1989 when the zoning issue came up. He said he was there, but it didn= t do any good.

Scott Paskewitz, a resident of Emerald Oaks, says when you drive up 155^th Street, you can see the huge trucks. He also stated their home is very dusty because of the concrete dust that blows around.

Kim Lynch, Emerald Oaks resident, asked if they could build a bigger building than they indicated without permission.

Ken Tex said they would be able to do that.

Another resident commented on the fact they don= t have a problem with the plant the way it is. They just don= t want it to expand.

Brad Rueb stated he is against the re-zoning.

Tom and Lori Wickwire expressed their concerns with noise, traffic danger on the streets with young children, and the inability to sell their home. They feel this will be a detriment to their property value and intend to submit a nuisance complaint with the Planning & Building Department. Tom mentioned they had purchased this home when their other home sale fell through. He also stated the noise from the trucks is very disturbing.

Brian Williams noted that the trucks are closer to his house in the summer because of the increased number of trucks they use.

*Public Hearing was Closed at 8:37 p.m.*

Don Fenster stated he felt this was poor planning from the beginning.

Tom Wees expressed the need for a landscape ordinance that would help buffer commercial and industrial zoning districts from residential ones.

Don Fenster asked if we could require Ready Mixed Concrete to build a wall of some kind in order to approve the zone change.

Tamra Walz Madsen, Deputy County Attorney, said the County could not require them to build one in that zoning district as it does not run under a special use permit. Once zoning is in place, restrictions can not be placed on that business.

Jeff Ward, Ready Mixed Concrete, stated they wish to be good neighbors. They are willing to take a look at sound barriers. He indicated their summer hours are longer, generally running from 5:30 a.m. to 8:00 p.m.

Tom Hurley suggested this application be held over to give Ready Mixed Concrete and their neighbors a chance to sit down and discuss things that concern them.

Fenster moved, seconded by Meyer to table this agenda item until the next regular meeting to give Ready Mixed Concrete and their concerned neighbors a chance to resolve some of their differences. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Matthies, Meyer, Fanslau and Wees. Nays - none. Abstain - none. Absent - Whitfield. Motion carried.

*A short break was taken at 8:55 p.m.*

*The meeting resumed at 9:03 p.m.*

Fenster moved, seconded by LaBart, to recommend approval of an amendment to an existing Special Use Permit by allowing the addition of a train as it meets zoning regulations. Ballot: Ayes - Buethe, Fanslau, Fenster, Hurley, Kunz, LaBart, Matthies, Meyer and Wees. Nays - none. Abstain - none.

Absent - Whitfield. Motion carried.

12. Jerry & Kim Larsen, 8815 S. 180^th Street, Gretna, requests approval of a Special Use Permit to operate a pet services company (daytime boarding facility) on the following described property, to wit: Tax Lot 10, located in Sec 21, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska (180^th Street, 1/4 mile south of Giles Road)

Jerry Larsen stated the land in question is zoned Agriculture. He read from the zoning book a list of the permitted uses he thought his operation might fall under claiming maybe he did not need to be applying for a special use permit after all. He then read the operational plan he had given to the Planning Commission.

Cindy Gilbert read into record the letter from the City of LaVista regarding this item, recommending approval with added conditions.

When asked about buffers, Mr. Larsen stated that, on the west side of 180^th Street there is a large sub-station, the south side of the property has the large power lines with a 160' to 170' buffer. There is a creek to the east and a cattle lot to the north. Mr. Larsen then read the letter of support from his brother who owns the land. He added there is a demand in the area for additional care centers for dogs. He indicated the dogs would be segregated by size.

Gene Pope, resident of the Tiburon subdivision, stated this location is within 2 mile of homes and doesn= t think it would be appropriate for the area.

Paul Runge, property owner adjacent to Mr. Larsen, said Mr. Larsen can already hear the dogs barking he has now. He feels his property has development potential and this would harm that potential.

Mae Heger owns the farm to the north of Larsen and feels this would deter from the value of their property. She also indicated the cattle get spooked by the dogs.

Lori Heger agreed with her mother saying she felt this wasn= t the right area for this business and that their cattle farm had grandfather rights.

Richard Krambeck indicated he now had a sewer line running through his property, so development would not be far behind.

When asked about the animal waste, Mr. Larsen stated the animal waste could legally be hauled to the landfill. He indicated he would do that when necessary, but noted the dogs could be fed in a way that they could go before they got to the care center and wouldn= t need to go as much while they were there. He also added that, if someone did not come to pick up their pet, he would deliver it to them and that he would be supplied with a key to get into their home.

Paul Runge added that this applicant had been turned down before, as well as Mr. Armbrust. He felt there was no reason to approve this one if three applications had already been turned down.

*Public Hearing was Closed at 10:33 p.m.*

Ken Tex explained where the other applicant, who was turned down for a similar project, was located in relationship to this property. He also stated the other applications had been turned down because this area has a future land use of Residential High.

Tom Wees suggested that a suitable area for this kind of permit should be added to the comp plan so they know what areas this would be allowable.

Don Fenster asked if there were kennels and boarding facilities in the county already, and, if so, why not allow this one?

Ken Tex explained that the kennels we have currently are not in areas where the future land use is geared for residential subdivisions.

Fenster moved, seconded by Fanslau, to recommend denial of the Special Use Permit because they have already denied two other applications for this area due to the future land use map being heavy residential. Ballot: Ayes - Buethe, Fanslau, Fenster, Kunz, LaBart, Matthies, Meyer and Wees. Nays - none. Abstain - Hurley. Absent - Whitfield. Motion carried.

Being no further discussion, Matthies moved, seconded by Buethe, to adjourn the meeting. By a unanimous oral vote, Chairman Wear declared the meeting adjourned at 11:33 p.m.

 

Respectfully Submitted,

Sarpy County Planning Commission

Alan Wear, Chairman

Cindy Gilbert, Recording Secretary