Mar 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
March 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, March 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: David Fanslau, Don Fenster, Tom Hurley, Brenda Kunz, Marcia Matthies, Don Meyer, Tom Wees, Doug Whitfield and Alan Wear. Absent was Pam Buethe and Wayne LaBart. 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.

Chairman Wear welcomed David Fanslau as the newest member of the Planning Commission.

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

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

I. CONSENT AGENDA ITEMS:

None.

II. REGULAR AGENDA ITEMS:

1. David Zajac, 20004 Fairview Road, Gretna, requests approval of a Special Use Permit to operate a woodworking and custom cabinet shop on the following described property, to wit: The East 55' of the South 260' of Lot 3, Sun Country, located in Sec 7, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (200th & Fairview Road)

Ken Tex stated this is an existing cabinet shop that has been there for nearly 20 years. Mr. Zajac has been an employee of this business for many years and has now purchased the business. This is a Special Use Permit that is simply changing ownership. He noted that Mr. Zajac was in the audience if the Commissioners had any questions for him.

*Public Hearing Closed at 7:34 p.m.*

Wees moved, seconded by Fenster, to recommend approval of the Special Use Permit to operate a cabinet and woodworking shop for as long as David Zajac owns the business as it meets the zoning requirements. Ballot: Ayes - Fanslau, Fenster, Hurley, Kunz, Matthies, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Buethe and LaBart. Motion carried.

2. Don Stoltenberg, 15303 S. 36th Street, Bellevue, 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 SW1/4 of the NW1/4 in Sec 21, Twp 13N, Rng 13E of the 6th P.M., Sarpy County, Nebraska. (36th Street, approximately 1/4 mile south of Platteview Road)

Don Stoltenberg asked to separate 10 acres from the family farm to build a home.

Ken Tex stated this particular piece of the family farm is in the County=s jurisdiction. The northern portion of the farm is in Bellevue=s jurisdiction. It meets the zoning regulations and Tom Lynam will have to approve the driveway location.

Don stated he had already spoke with Tom and they were working out details.

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

3. Don Stoltenberg, 15303 S. 36th Street, Bellevue, requests approval of a Preliminary/Final Plat for a subdivision to be known as Harvest Valley on the following described property, to wit: Being a platting of part of the SW1/4 of the NW1/4 in Sec 21, Twp 13N, Rng 13E of the 6th P.M., Sarpy County, Nebraska. (36th Street, approximately 1/4 mile south of Platteview Road)

*Public Hearing Closed at 7:39 p.m.*

With no further discussion,

Matthies moved, seconded by Whitfield, to recommend approval of a Preliminary/Final Plat for a subdivision to be known as Harvest Valley with the Surveyor=s approval of the driveway location as it meets the subdivision regulations. Ballot: Ayes - Fanslau, Fenster, Hurley, Kunz, Matthies, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Buethe and LaBart. Motion carried.

4. Apex Group, 14013 Industrial Road, Omaha, requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of the NE1/4 and part of the NW1/4 of Sec 27, Twp 14N, Rng 10E and part of the SE1/4 of Sec 22, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (234th & Lincoln Road)

John Kottman, Engineer for Thompson, Dreessen & Dorner, Inc., explained the request for the change of zone and the preliminary plat saying this was a 280 acre piece of land. The lot sizes average 5 acres. There will be individual septic systems and wells. The interior road will be gravel. They have added drainage easements in addition to the 66' Right-Of-Way to help with the water runoff as this area is very hilly. Most of this land is not suitable for farming. According to the well company that performed the drilling tests, there is an adequate water supply for all the proposed homes.

Don Meyer asked why they couldn=t shift the lots to make them all a minimum of 5 acres, instead of ranging from 3 to 8 acres in size.

John Kottman stated it was his understanding that it met the density requirements for an AGR zoning. He indicated part of the reason why the lots are larger on one side is because of where the road needs to be. The new road will follow the pathway already created before the platting.

Ken Tex stated the number of homes won=t change from 52 even if they had all 5 acre lots. Because of the topography of the land, this is the best way to lay it out. He also noted that, if they were all 5+ acres, some of the lots would have a creek cutting across them with no access to the rest of their property.

Don Fenster asked Tamra Madsen, Deputy County Attorney, if she felt average lot size was okay?

Tamra expressed a favorable reply.

Ken reiterated the terrain has a lot to do with how this subdivision is laid out. He read from the comp plan where it talks about reducing the lots sizes, but keeping the density.

Cindy Gilbert read into record the letter from Tim Young.

Ray Backen, neighbor to the south of this property, indicated he did not want to see 3 acre lots in this area. He was also concerned about major erosion when the agriculture is gone.

Gary Kauffman, also a neighbor to the south, feels they need to hard surface Lincoln Road all the way to 216th Street. He is also concerned about having enough water in the area for everyone.

John Kottman , in his rebuttal, stated that a drainage study was done. They have designed three 84" culverts where Mr. Backen had concerns. They fully intend to incorporate erosion control measures where needed. Mr. Kottman read the letter from Mid-America Drilling Corporation stating that there is a major sand and gravel aquifer that lies under this area.

Marty Ostransky stated he owns the property that abuts the north property line of this land and wants to know if he will be required to continue the road on through once he decides to subdivide his property.

Ken Tex responded by saying that the County will probably ask you to continue the road north to Cary.

*Public Hearing Closed at 8:05 p.m.*

Discussion took place regarding septics, water supply and lot sizes.

Ken Tex said he had talked to the State Department of Environmental Quality, who said they are required to approve subdivisions with individual wells, only if the lot sizes fall below 3 acres. This one does not and, therefore, the NDEQ has no problem with this subdivision.

Meyer moved, seconded by Fenster, to recommend denial of the change of zone from AG to AGR because it does not meet the comp plan. Ballot: Ayes - Fenster, Kunz and Meyer. Nays - Fanslau, Hurley, Matthies, Wees and Whitfield. Abstain - none. Absent - Buethe and LaBart. Motion failed.

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

5. Apex Group, 14013 Industrial Road, Omaha, requests approval of a Preliminary Plat for a subdivision to be known as Prairie Ridge on the following described property, to wit: Being a platting of the NE1/4 and part of the NW1/4 of Sec 27, Twp 14N, Rng 10E and part of the SE1/4 of Sec 22, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska. (234th & Lincoln Road)

Whitfield moved, seconded by Matthies, to recommend approval of a Preliminary Plat for a subdivision to be known as Prairie Ridge as long as they follow the County Surveyor=s comments, the NRD=s comments and place a temporary turnaround on the interior road at the north end of the subdivision as it meets the subdivision regulations. Ballot: Ayes - Fanslau, Hurley, Matthies, Wees and Whitfield. Nays - Fenster, Kunz and Meyer. Abstain - none. Absent - Buethe and LaBart. Motion carried.

6. Celebrity Homes, P.O. Box 390485, Omaha, requests approval of a Change of Zone from AG to RD-50 and RD-50PD 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)

Bob Doyle, Attorney representing Celebrity Homes, asked the Commissioners to consider a change of zone and a preliminary plat for 257 single family homes and a lot for a church and school. He quoted the number of lots that would be built with the minimum 50' width and the number of lots that would be built with the 55' width. They both fell under the percentage allowable under the APlanned Development@ zoning district. He indicated that they would participate in the paving of 180th Street down to Storage Road. The developer has already entered into an agreement to cost share in that project. He feels this is an excellent use of this ground. He also stated that the meeting to hook up to the Gretna sewer line will be held April 1. Mr. Doyle expressed his opinion that other options were available if the sewer line was not available to them right now.

Ken Tex suggested, after the sewer issue was brought up, that we should continue with the platting process and have them bring a letter from Gretna when they apply for the Final Plat.

Doug Whitfield asked if we had any regulations regarding open space (park space).

Ken Tex answered ANo@.

Mr. Doyle responded by saying that the church and school sit on approximately 15 acres and there would be plenty of green space on that lot and playground equipment. He also added that a Sanitary Improvement District would be formed.

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

7. Celebrity Homes, P.O. Box 390485, Omaha, requests approval of a Preliminary Plat for 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)

Meyer moved, seconded by Matthies, to recommend approval of the Preliminary Plat for a subdivision to be known as Sunridge with the stipulations that they follow the requests of the County Surveyor and the Papio-Missouri River NRD and they submit a letter from the City of Gretna, pertaining to the sewer hook-up, with their Final Plat application. Ballot: Ayes - Fanslau, Fenster, Hurley, Kunz, Matthies, Meyer, Wees and Whitfield. Nays - none. Abstain - none. Absent - Buethe and LaBart. Motion carried.

III. CORRESPONDENCE:

Cindy Gilbert informed the commissioners that she had some extra forms available from the Nebraska Accountability and Disclosure Commission, if needed.

Tamra Madsen informed the Planning Commission of the County Board actions taken on the previous applications.

A general discussion was held on density and the comp plan.

Mrs. Madsen also updated the commissioners on the status of the annexation noting that it is currently on appeal. She also noted that LB549 (a bill that gives standing to Counties on annexations) is in the general file at this time. She then explained the open meeting laws stating what you can and cannot do.

It was suggested that a tour be taken by the commissioners once a year to see the progress of applications that had been brought before them throughout the year.

IV. ADJOURNMENT:

Being no further discussion, Hurley moved, seconded by Fenster, to adjourn the meeting. By a unanimous oral vote, Chairman Wear declared the meeting adjourned at 9:16 p.m.

 

Respectfully Submitted,

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