Jun 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

June 18, 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, June 18, 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: Christina Boyer, David Fanslau, Tom Hurley, Brenda Kunz, Wayne LaBart, Marcia Matthies, Tom Wees, Doug Whitfield and Alan Wear. Absent were Don Fenster and Don Meyer. Tamra Madsen, Deputy County Attorney was present. Also present were Ken Tex, Planning & Building Coordinator and Cindy Gilbert, Recording Secretary.

Chairman Wear asked for commissioner reports.

Chairman Wear moved the presentation by Mark Wayne for the Highway 370 Corridor to ‘Correspondence’ at the end of the regular meeting.

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

Chairman Wear asked for a motion to approve the minutes of the May 21, 2003 meeting. LaBart moved, seconded by Matthies to approve the minutes of the previous meeting as submitted. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain- none. Absent - Fenster and Meyer. Motion carried.

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. 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 19A, Lake Olivo, located in Sec 28, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (99th Street, south of Mitchell Road)

Ken Tex explained that Mr. Olivo had been approved by the Planning Commission a couple of months ago to place this trailer on a different lot. He stated that there had been a change in plans and would like to place the trailer on this lot instead. He will meet the same requirements for flood plain regulations by elevating the trailer one foot above the base flood elevation. Ken said Mr. Olivo understands this permit is for recreational use only.

*Public Hearing Closed at 7:35 p.m.*

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

2. David Kracht, 4647 N. 230th Street, Elkhorn, 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: the NE1/4 of the NW1/4 of Sec 16, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (240th Street and Harrison Street)

Ken Tex explained that Mr. Kracht was wanting to park a trailer on his land that lies east of the Elkhorn River. Mr. Kracht indicated verbally that he is aware this is for recreational use only and agrees to elevate the trailer one foot above the base flood elevation.

*Public Hearing Closed at 7:37 p.m.*

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

3. Harrison Woods, LLC, 8701 West Dodge Road, Omaha, requests approval of a Final Plat for a subdivision to be known as Harrison Woods on the following described property, to wit: Part of the SE1/4 of Sec 15, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska (174th & Harrison Street)

Dean Jaeger, Thompson, Dreessen & Dorner, Inc., stated this is a request for a Final Plat for 143 lots in Harrison Woods. One minor change was made from the Preliminary Plat that allowed 169th Street to line up with the same street in the subdivision to the south of Harrison Woods. It simply moved a lot from one side of the street to the other.

*Public Hearing Closed at 7:42 p.m.*

Wees moved, seconded by Fanslau, to recommend approval of a Final Plat for Harrison Woods as it complies with the comp plan and subdivision regulations. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

4. Steve Lapke, 1103 Galvin Road, Bellevue, requests approval of a Final Plat for a subdivision to be known as Lapke’s Second Addition on the following described property, to wit: 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 6th P.M., Sarpy County, Nebraska. (½ mile south of Platteview Road, between 57th & 63rd Streets)

Ken Tex noted this six lot subdivision is south of Platteview Road. They added the 66' ingress/egress easement, 100' diameter cul-de-sac and dedicated Right-Of-Way to the final plat mylar. He added they meet all the requirements for a subdivision.

*Public Hearing Closed at 7:45 p.m.*

LaBart moved, seconded by Kunz, to recommend approval of a Final Plat for Lapke’s Second Addition as it meets the subdivision regulations and all requests by the Surveyor had been met. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

5. Gerard Wemhoff, 15010 S. 63rd Street, Papillion, requests approval of Change of Zone from AG to AGR on the following described property, to wit: Being a platting of part of the NE1/4 of the SE1/4 and the SE1/4 of the NE1/4 of Sec 24, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (63rd Street, approximately one mile south of Platteview Road)

Ken Tex stated that Mr. Wemhoff is dividing 26 acres into three lots. This property is south of the Lapke property (Agenda Item #4). This subdivision meets the comp plan because it states this is a 5 acre minimum area. The plat shows the Right-Of-Way dedication.

When asked about water availability, Mr. Wemhoff stated there would be a well on each lot.

Access was discussed. Ken stated that the County Highway Department would determine where and how many accesses Mr. Wemhoff would be given off 63rd Street.

*Public Hearing Closed at 7:50 p.m.*

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

6. Gerard Wemhoff, 15010 S. 63rd Street, Papillion, requests approval of a Preliminary Plat for a subdivision to be known as North Slope Acres on the following described property, to wit: Being a platting of part of the NE1/4 of the SE1/4 and the SE1/4 of the NE1/4 of Sec 24, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (63rd Street, approximately one mile south of Platteview Road)

Whitfield moved, seconded by Wees, to recommend approval of a Preliminary Plat for a subdivision to be known as North Slope Acres with the stipulation the driveway(s) are approved by the County Highway Department. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

7. Tiburon Limited Partnership, 11850 Nicholas Street, Omaha, requests approval of a Change of Zone from AG to RS-72PD on the following described property, to wit: Being a replat of part of Lot 396, Tiburon, located in the SW1/4 of Sec 21, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (175th Circle, north of Cornhusker)

Larry Hagewood, Tiburon Limited Partnership, explained that this is an extension of Tiburon View. The current zoning on the rest of Tiburon View is RS-72PD, which is what he would like to continue.

Ken Tex noted that this subdivision will sit on top of the old sewer treatment plant once the sewer comes in.

It was questioned if this was safe. Mr. Hagewood responded by stating that the treatment plant is a self-contained unit that will be lifted out of the ground and eight to ten feet of fill dirt will be brought in.

Ken Tex explained that this was not a lagoon, but a fully enclosed system that should not pose any kind of hazard to the homeowners.

*Public Hearing Close at 7:58 p.m.*

Wees moved, seconded by Boyer, to recommend approval of a Change of Zone from AG to RS-72PD as it meets the comp plan. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

8. Tiburon Limited Partnership, 11850 Nicholas Street, Omaha, requests approval of a Preliminary Plat for a subdivision to be known as Tiburon View III on the following described property, to wit: Being a replat of part of Lot 396, Tiburon, located in the SW1/4 of Sec 21, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (175th Circle, north of Cornhusker)

Wees moved, seconded by Matthies, to recommend approval of a Preliminary Plat for a subdivision to be known as Tiburon View III as it meets the subdivision regulations. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

9. Thomas Hintz, 7770 Lafayette, Omaha, requests approval of a Change of Zone from AG to AGD on the following described property, to wit: Being a platting of part of the SE1/4 of Sec 27, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (230th & Ruff Road)

Ken Tex stated that this property is in a 10 acre minimum area and it does meet the comp plan. He has asked to have the mylar changed to move the lot pin location to the 50' Right-Of-Way instead of the middle of the road.

When asked if water was available out there, Tom Hintz replied he would have a well.

*Public Hearing Closed at 8:04 p.m.*

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

10. Thomas Hintz, 7770 Lafayette, Omaha, requests approval of a Preliminary/Final Plat for a subdivision to be known as Sunny Acres on the following described property, to wit: Being a platting of part of the SE1/4 of Sec 27, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (230th & Ruff Road)

Whitfield moved, seconded by LaBart, to recommend approval of a Preliminary/Final Plat for a subdivision to be known as Sunny Acres with the stipulation that the Final Plat mylar be adjusted to reflect the correct lot pin location and the County Highway Department approves the driveway location, as it meets the subdivision regulations. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

11. Celebrity Homes, P. O. Box 390485, Omaha, requests approval of a Change of Zone from AG to RD-50PTD on the following described property, to wit: Being a platting of part of the E1/2 of the NE1/4 of Sec 17, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (180th & Harrison Street)

Bob Doyle, attorney representing Celebrity Homes, explained that they are looking to change the zone on the lots north of Josephine to allow townhomes and villa complexes. They have been very successful with these style homes in the past. This zone change and revised preliminary plat will give them 97 sublots on which to build. Homeowners purchasing these homes will pay an association fee that will pay for the exterior maintenance and snow removal. He added that there is a good market for these right now.

Mr. Doyle also indicated that the church and school that had originally wanted to go on the lot north of this area did change their mind and it appears, at this time, that it will be marketed as general business. The townhomes and villas will make a good buffer for the single family homes to the south.

Tom Hurley asked if the City of Gretna had given approval for sewer capacity.

Bob Doyle indicated he had attended the City Council meeting for Gretna the night before and they had voted to allow this subdivision to hook on.

*Public Hearing Closed at 8:14 p.m.*

LaBart moved, seconded by Fanslau, to recommend approval of a Change of Zone from AG to RD-50PTD on Lots 172-176 as it meets the comp plan. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - none. Motion carried.

12. Celebrity Homes, P. O. Box 390485, Omaha, requests approval of a Revised Preliminary Plat for Lots 172-176 & Lot 177 of a subdivision to be known as Sunridge on the following described property, to wit: Being a platting of part of the E1/2 of the NE1/4 of Sec 17, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (180th & Harrison Street)

Whitfield moved, seconded by Kunz, to recommend approval of the revised Preliminary Plat for a subdivision known as Sunridge as it meets subdivision regulations. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

13. Celebrity Homes, P. O. Box 390485, Omaha, requests approval of a Final Plat for Lots 1-171 of a subdivision to be known as Sunridge on the following described property, to wit: Being a platting of part of the E1/2 of the NE1/4 of Sec 17, Twp 14N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (180th & Harrison Street)

Bob Doyle stated this phase of Sunridge will have 171 single family homes. It conforms to the Preliminary Plat and meets all the requirements. Gretna City Council did approve inclusion to the sewer.

Wees moved, seconded by Matthies, to recommend approval of the Final Plat (Lots 1-171) for a subdivision to be known as Sunridge as it meets the subdivision regulations. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

14. Lyman-Richey Corporation, P. O. Box 964, Columbus, Nebraska, requests an extension of a previous Special Use Permit to excavate, process, stockpile and sell sand, gravel and rock on the following described property, to wit: Tax Lot 1 and 2 in the N1/2 of Sec 17, Twp 13N, Rng 10E and Tax Lot A in the N1/2 of Sec 18, Twp 13N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (252nd & Fairview Road)

Carl Roberts, Lyman-Richey Corporation, asked the Commissioners for permission to extend their current permit. Although they are scheduled to be finished this year, they will need time to bring the property back to its original elevation and condition.

When the leased portion of this land was mentioned, Tamra Madsen stated that it should not be addressed in this meeting as it is a civil matter.

Brenda Kunz asked if there had been any complaints with Lyman-Richey on this permit.

Ken Tex stated there had not been any complaints on Lyman-Richey at all.

Wees moved, seconded by Fanslau, to recommend approval of an extension of the current Special Use Permit for a period of three years with the stipulation that the original requirements remain in force as it meets the zoning regulations. Ballot: Ayes - Boyer, Fanslau, Hurley, Kunz, LaBart, Matthies, Wees and Whitfield. Nays - none. Abstain - none. Absent - Fenster and Meyer. Motion carried.

15. Lyman-Richey Corporation, P. O. Box 964, Columbus, Nebraska, requests a Special Use Permit to excavate, process, stockpile and sell sand, gravel and rock on the following described property, to wit: Part of the E1/2 of the NW1/4 lying west of 255th Street of Sec 29, Twp 13N, Rng 10E of the 6th P.M. consisting of approximately 39 acres, and part of the NE1/4 lying north of the Burlington Northern Railroad in Sec 29, Twp 13N, Rng 10E of the 6th P.M. consisting of approximately 113 acres, and the part of the NE1/4 lying south of Nebraska Highway 6 in Sec 29, and the part of the SE1/4 lying east and north of Ruff Road in Sec 29, and the NW1/4 of Sec 28, and the N1/2 of the SW1/4 of Sec 28, Twp 13N, Rng 10E of the 6th P.M. consisting of approximately 332 acres, Sarpy County, Nebraska. (Northeast and East of Linoma Beach with Highway 6 dividing the property)

Cindy Gilbert read into record the letter from the Papio-Missouri River Natural Resource District.

Carl Roberts, Lyman-Richey Corporation, explained that this property is in the flood plain. He has spoken with Randy Graham, HDR Engineering, and he concurred with Mr. Roberts and the NRD that this project could be carried out as planned. Mr. Roberts also indicated that the land would be returned to farmland at the completion of the project, which was expected to take 25 to 30 years. The area on the north side of Highway 6 will be excavated first, taking approximately seven years to complete. Excavation will then move to the south side and take approximately 23 years to complete. The Papio-Missouri River NRD has an easement for water flowage in areas of this project which will be honored by Lyman-Richey. There shouldn’t be more than one to two stockpiles at any given time. The north and south sides will both have lakes by the end of the project.

When asked where the extra dirt will come from for restoration, Mr. Roberts replied that most of it would come from the lakes being created.

A concerned area resident asked about access and truck traffic.

Mr. Roberts stated he has currently applied for access off Highway 6 that will have an acceleration lane. The State has not yet given permission.

Marlin Petermann, Papio-Missouri River NRD, indicated that Lyman-Richie has always been a "good neighbor" and doesn’t foresee any problems with Lyman-Richey following their recommendations and requirements. He talked about property line setbacks, flow of obstruction, easements and restoration.

Carl Roberts mentioned that the biggest noise factor would be the ‘back-up alarms’ on the trucks and said the alarms are required, which is why he will have the trucks facing the Linoma Beach area so the alarms will be facing the opposite direction of the beach area.

When asked about future development in the area, Mr. Roberts stated that almost the entire area is in the floodway, so there won’t be any future development, as there is no construction allowed in the floodway.

*Public Hearing Closed at 9:20 p.m.*

Wees moved, seconded by Matthies, to recommend approval of a Special Use Permit to extract sand and gravel with the stipulation they follow the NRD’s requirements and recommendations for a period of thirty (30) years as it complies with Section 40 of the Flood Plain Regulations for Sarpy County. Ballot: Ayes - Boyer, Fanslau, Hurley, LaBart, Matthies and Wees. Nays - Kunz and Whitfield. Abstain - none. Absent - Fenster and Meyer. Motion carried.

III. CORRESPONDENCE:

Mark Wayne spoke with the Planning Commissioners on the Highway 370 Corridor proposal, indicating this proposal is to be used as a guideline for development and construction in this corridor area. He discussed several topics including landscaping and screening guidelines, land use map associated with the corridor, site design guidelines, materials guidelines and a design review committee. He also noted he would not be available for the July meeting, but he would like to see this on the agenda at the August meeting for a vote. He indicated this could be a possible ‘overlay’ district.

IV. ADJOURNMENT:

Being no further discussion, Matthies moved, seconded by Wees, to adjourn the meeting. By a unanimous oral vote, Chairman Wear declared the meeting adjourned at 10:41 p.m.

 

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