Feb 2003

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

February 19, 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, February 19, 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, Don Fenster, Tom Hurley, Brenda Kunz, Wayne LaBart, Don Meyer, Tom Wees, Doug Whitfield and Alan Wear. Absent was Denny Nichols and Marcia Matthies. 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.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. Proposed amendments to the Sarpy County Comprehensive Plan regarding the future land use map.

Ken Tex gave an overview of the area of the comprehensive plan that is being looked at to reduce the acreage size. It is an area between 168th Street west to the Interstate and south of Buffalo Road towards the river. He stated that approximately two-thirds of the County already has a 5-acre minimum for lot sizes. He indicated he had received a letter from the State of Nebraska, Department of Environmental Quality, stating they did not anticipate a significant effect on ground water by allowing 5-acre lots in the area described, provided the systems are properly sited, designed, installed and maintained. Ken also said he had spoke with Tom Lynam, who feels the roads are adequate enough to accommodate the added traffic.

Cindy Gilbert read the comments from the City of LaVista.

Pat Sullivan, Attorney, representing residents of that area, expressed his opinion in favor of reducing the minimum acre size stating it would be more economical for the County as it would increase the tax base. He stated there would be little need to increase infrastructure, since the road system is already there. He also indicated that people know what their surroundings are in a farming community and still choose to live there. He doesn't see this as pushing out farms.

Jack Koke, realtor and land owner, sees advantages in reducing the acreage size, noting that most people looking to live in rural areas do not want 20 acres. They prefer to have closer to 5 acres siting that it is easier to maintain.

John Knapp expressed his opposition to the reduction because the infrastructure is not there. He said most of the roads in his area are like washboards in the summer. He stated the County will have more complaints about the roads if there are more people traveling them. He also said he thinks septic systems will fail more quickly in clay soil. He also claims there will be problems finding water in certain areas. Mr. Knapp stated he feels that a denser population will cause more complaints from neighbors.

Mark Wayne, County Administrator, explained that this concept is not a new one, but the timing might not be right. The County is trying to get federal funding to aid in a study for sewer and water in this area and feels we should wait until that study has been completed. It could answer some questions about issues facing the County in the future. He said he is not necessarily opposed to the reduction in lot size and feels cluster subdivisions might be appropriate in this area. It would preserve more of the open land and the water supply and septic systems could be shared. He also indicated that Cities in Sarpy County would like to see the growth come out from the city limits and grow outward.

Tom Wees noted that maybe we should wait for the study to be completed to have some better knowledge of any potential water issues we might be facing.

Kent Holm, Douglas County Environmental Services, said they are facing some of the same issues and therefore, suggests that we look at ongoing and future infrastructure.

Jerry Johnson asked what happens to current residents of the area when their wells go dry because more people are moving into the area and where the water is going to come from as new people move in?

*Public Hearing Closed at 8:20 p.m.*

Discussion centered on water issues.

Fenster moved to table the amendments to the comprehensive plan definitely until further study could be gathered. Motion failed for lack of a second.

Whitfield moved, seconded by Buethe to recommend leaving the comprehensive plan as is for now. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Marcia Matthies and Denny Nichols. Motion carried.

2. Larry and Sherri Eggers, 19602 S. 204th Street, Gretna, requests approval of a Change of Zone from AG to RE 2 & AGR on the following described property, to wit: Being a platting of the S1/2 of the NW1/4 of Section 6, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (204th & Buffalo Road)

Ken Tex noted that the Eggers are looking to plat 11 five acre lots in the area we just discussed regarding the comp plan. The comp plan currently allows for a 20 acre minimum lot size.

Sherri Eggers added that most people looking to buy in the rural areas are not looking to have 20 acres. They would rather have 5 acres or so because they are looking to live outside the city, but not farm. She also indicated that she feels this area should be in a 5 acre minimum lot size instead of the area north. She added that they already have a 218' well on this land.

Jack Koke stated he doesn't believe that there will be a water shortage problem in this particular area. He added that this land is not being farmed at this time, so there won't be losing any farm ground here. It is just being used as pasture.

John Knapp again noted there is not enough water for everyone in this area.

Jerry Johnson said that M.U.D. doesn't have the water to bring to new customers.

Gerry Iske wanted to know how many people were looking for 5-acre lots noting that there is a very large area of the county that is already marked for 5-acre lots.

Ken Tex said that water should not be an issue because it is up to the land owner to figure out if there is water on the property.

Dennis Milroy doesn't think this should be reduced since the amendments to the comprehensive plan weren't approved.

Chuck Arbaugh also expressed his concerns about the water supply and the fact that they wouldn't sell him a 20 acre piece last year.

*Public Hearing Closed at 8:47 p.m.*

Tamra Madsen, Deputy County Attorney, concurred with Ken that the water supply, or lack of it, should not be an issue. That should be left up to the buyers and the water experts.

When asked about spot zoning, Mrs. Madsen stated, that, in her opinion, it was spot zoning.

Fenster moved, seconded by Whitfield to deny the request for a Change of Zone because it is considered spot zoning. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Matthies and Nichols. Motion carried.

3. Larry and Sherri Eggers, 19602 S. 204th Street, Gretna, requests approval of a Preliminary Plat for a subdivision to be known as Prairie Acres on the following described property, to wit: Being a platting of the S1/2 of the NW1/4 of Section 6, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (204th & Buffalo Road)

Fenster moved, seconded by Wees to deny the Preliminary Plat for a subdivision to be known as Prairie Acres as it does not meet the comprehensive development plan. Ballot: Ayes- Buethe, Fenster, Hurley, Kunz, LaBart, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Matthies and Nichols. Motion carried.

4. Jesse Martin, 15610 120th Street, Louisville, Nebraska, requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of Tax Lot 1A2, located in the SE1/4 of Section 34, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (156th & Buffalo Road)

Ken Tex explained that Mr. Martin recently purchased a 15-acre piece that he would like to split. He had wanted to re-open the original driveway, but has agreed to grant an easement across one of the lots for access to the other because of a sight distance problem.

Jesse Martin said he couldn't add anything to Ken's overview except that he wants to build a home on one of the lots.

*Public Hearing Closed at 9:00 p.m.*

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

5. Jesse Martin, 15610 120th Street, Louisville, Nebraska, requests approval of a Preliminary/Final Plat for a subdivision to be known as Martin's Acres on the following described property, to wit: Being a platting of Tax Lot 1A2, located in the SE1/4 of Section 34, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (156th & Buffalo Road)

LaBart moved, seconded by Buethe to recommend approval of a Preliminary/Final Plat for a subdivision to be known as Martin's Acres, with the stipulation that the Final Plat include the driveway easement, because it meets the subdivision regulations. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Matthies and Nichols. Motion carried.

6. Comstock Investments, LTD, 1510 Schropp Circle, Ashland, Nebraska, requests approval of a Preliminary/Final Plat for a subdivision to be known as Comstock's Subdivision on the following described property, to wit: Being a platting of part of the SW1/4 of the SE1/4 of Section 14, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (219th & Platteview Road)

Jerry Comstock indicated that he intends to build a 12,000 square foot building for manufacturing on this 2 acre lot. He is trying to put in businesses that will be good for the county.

Ken Tex mentioned that he has spoke with Mr. Comstock about platting the rest of his land all at once instead of just doing one lot at a time. The infrastructure will need to be in place.

Mr. Comstock stated that was very costly to put in the road.

*Public Hearing was Closed at 9:12 p.m.*

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

*A break was taken from 9:14 to 9:22 p.m.*

7. Harrison Group, LLC, 1941 S. 42nd Street, Omaha, requests approval of a Preliminary Plat for a subdivision to be known as Harrison Woods Replat 3 on the following described property, to wit: Being a re-platting of Lots 1-4, Harrison Woods, a platted and recorded subdivision of part of the NE1/4 of Section 16, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (SW corner of 168th & Harrison Street)

Victor Pelster stated that the previous owner had platted 4 commercial lots. Mr. Pelster indicated that he thought he would have a little more flexibility increasing the number of lots to 10. He stated he felt it would attract more neighborhood businesses.

Ken Tex noted the access points have not changed and the zoning remains the same.

*Public Hearing was Closed at 9:25 p.m.*

Doug Whitfield questioned the buffer between the commercial area and the homes that sit just to the south.

Ken Tex stated the area is separated by a creek and a treed area.

Whitfield moved, seconded by Meyer to recommend approval of Preliminary Plat for a subdivision to be known as Harrison Woods Replat 3, with the stipulation that the Surveyor's request for a deceleration lane be built, as it meets the subdivision regulations. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Matthies and Nichols. Motion carried.

8. Dodge Land Co. Inc., 8701 West Dodge Road, Omaha, requests approval of a Change of Zone from AG to RS-72 and RD-50 PTD on the following described property, to wit: Being a platting of part of the SW1/4 of Section 15, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (NE corner of 168th & Giles Road)

Chris Cain, an engineer with HGM Associates, sees this as a transition from the larger lots in Millard Park to the smaller lots in the subdivision Springhill (immediately to the east of the property in question). He also indicated that the rest of Millard Park South 2 is intended as RS-72 zoning (single family homes).

Bill Morrison said he was approached by the builder because of the success of the town homes. This area is similar to others that have been approved that are working very well. It will be compatible with the neighborhood. Being the developer, he can't control who they are sold or rented to. There are also single family homes being rented in the area.

Barbara Kaeter said she had tried talking to someone with the developer, but didn't get any satisfaction. She stated she felt no prejudice for renters and had been told this area was supposed to be single family homes. She doesn't think they would have purchased a home here if she would have known there were town homes going in. She is concerned that this will lower her valuation of her home.

Lisa Buschelman noted she shares the same feelings Barbara Kaeter does and added that she is worried about being able to sell her home if there are town homes there.

Diane Honaker stated she had spoke to someone in the County Assessor's Office who said the value of her property could go down. They live in custom homes in this area and don't think the town homes are compatible with what is already there.

Bill Morrison noted that Millard Park already has some town homes mixed in with the single family homes. There hasn't been any affect on sales of either the single family homes or town homes in Millard Park.

*Public Hearing was Closed at 10:03 p.m.*

Discussion was held regarding Home Owner's Associations, maintenance of condo regimes, rentals, compatibility and zoning.

It was suggested that the lots that face the northern most lots on the east side of 162nd Street and north of Redwood Street be single family homes under the RS-72 zoning requirements.

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

9. Dodge Land Co. Inc., 8701 West Dodge Road, Omaha, requests approval of a Preliminary Plat for a subdivision to be known as Millard Park South 2 on the following described property, to wit: Being a platting of part of the SW1/4 of Section 15, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (NE corner of 168th & Giles Road)

Wees moved, seconded by Hurley to recommend approval of a Preliminary Plat for a subdivision to be known as Millard Park South 2 with the stipulation that the lots on the east side of 162nd Street and north of Redwood Street be single family homes under the RS-72 zoning requirements as it meets the subdivision regulations. Ballot: Ayes - Buethe, Fenster, Hurley, Kunz, LaBart, Wees and Whitfield. Nays - Meyer. Abstain - none. Absent - Matthies and Nichols. Motion carried.

III. CORRESPONDENCE:

Tamra Madsen informed the Planning Commission that the County Board had agreed with all the recommendations from their January 15 meeting. She also added that LB 549 had advanced in the Legislature. She explained that LB 549 granted counties standing to contest annexes done by cities.

Ken Tex stated that he had received a letter of resignation from Denny Nichols.

A general discussion was held regarding what the Planning Commission should and should not consider when hearing public testimony regarding zoning issues.

IV. ADJOURNMENT:

Being no further discussion, Meyer moved, seconded by LaBart, to adjourn the meeting. By a unanimous oral vote, Chairman Wear declared the meeting adjourned at 10:25 p.m.

 

Respectfully Submitted,

Sarpy County Planning Commission
Alan Wear, Chairman
Cindy Gilbert, Recording Secretary