CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT JANUARY 16, 2018 AGENDA. Subject: Type: Submitted By: Resolution #R (Public Hearing)

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1 CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT JANUARY 16, 2018 AGENDA Subject: Type: Submitted By: A request for a Special Use Permit to allow Bed-and-breakfast as a permitted use on the property legally described as N ½ of Lot 11 and all of Lot 12, Block 27, South Papillion together with all of Lot 10 and the S ½ of Lot 11, Block 27, South Papillion, generally located at 245 W Halleck Street and 711 S Jackson Street. The applicants are Gary and Gerry Cordes. (Cordes Bed-and-Breakfast) Resolution #R (Public Hearing) Mark A. Stursma, AICP Planning Director SYNOPSIS This is a request for approval of a Special Use Permit to allow Bed-and-breakfast as a permitted use. The applicants are proposing to operate a Bed-and-breakfast within 245 W Halleck Street while they reside at 711 S Jackson Street. A small retreat center is proposed as an accessory use to the bed-and-breakfast. The definition of Bed-and-breakfast requires that that it be operated by the resident owner. 245 W Halleck is adjacent to the property where the applicants reside (711 S Jackson Street). Both properties are included in the Special Use Permit application because a Bed-and-breakfast must be operated by the resident owner. Given that the properties are adjacent and part of the Special Use Permit, the applicants meet the requirement of being resident owners. FISCAL IMPACT N/A RECOMMENDATION Approval, contingent upon: o o The Bed-and-breakfast shall operate within 245 W Halleck Street. 711 S Jackson Street shall be used solely to establish that Gary and Gerry Cordes (the Applicants ) are the resident owners of 245 W Halleck Street. In the event that the Applicants wish to operate a Bed-and-breakfast within 711 S Jackson Street, the Applicants shall relinquish this Special Use Permit and apply for a new Special Use Permit to authorize the operation of a Bed-and-breakfast within both 245 W Halleck Street and 711 S Jackson Street. The new Special Use Permit application shall rescind and supersede this Special Use Permit. In such an event, the resubmitted Special Use Permit application shall be reviewed in its entirety as a brand new application with all attached exhibits to be reevaluated in connection with other factors, such as the promotion of health, safety, and welfare within the community. The Bed-and-breakfast within 245 W Halleck Street shall only be permitted to operate so long as the Applicants own both parcels and reside within one of the parcels. The Special Use Permit to operate the Bed-and-breakfast shall become void upon any one of the following conditions: The Planning Department determines that the Applicants no longer reside at 711 S Jackson Street and that they have not established residency within 245 W Halleck Street.

2 o o o The records of the Sarpy County Register of Deeds show that either 245 W Halleck Street or 711 S Jackson Street have been deeded to any entity, person, or persons other than the Applicants. Notwithstanding the foregoing, the Special Use Permit shall not be voided so long as one of the Applicants maintains ownership of both parcels. The Applicants shall operate the bed-and-breakfast in compliance with the following requirements: External effects. There shall be no change in the exterior appearance of the building or premises housing the Bed-and-breakfast. No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the Bed-and-breakfast shall be noticeable from any adjacent property or public right-of-way. The Bed-and-breakfast shall be carried on entirely within the principal residential structure and/or within a detached accessory structure. All external effects criteria are applicable for the detached accessory structure. Signage is not allowed upon the detached accessory structure. Mechanical or electrical equipment for the Bed-and-breakfast shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes. Employees. The Bed-and-breakfast shall employ no more than one fulltime or part-time employee on site other than the Applicants, provided that one off-street parking space in addition to those otherwise required for the Bed-and-breakfast is made available and used by that nonresident employee. Signage. Signage identifying the Bed-and-breakfast is considered a residential sign. One sign with a maximum of two square feet is permitted to identify the Bed-and-breakfast. Traffic generation. The Bed-and-breakfast may generate no more than 20 vehicle trips per day, or approximately twice the average trip generation of a housing unit according to the Institute of Transportation Engineers. Peak-hour traffic generation may not exceed 10 vehicle trips. Pick-ups or deliveries involving trucks, trailers or commercial vehicles shall not exceed ten individual trips daily. Deliveries or service by commercial vehicles or trucks over 10 tons gross empty weight is prohibited. Off-street parking shall be made available for vehicles operated by guests of the Bed-and-breakfast and the resident owner(s) at either 245 W Halleck Street or 711 S Jackson Street. At least one off-street parking stall for each leasable Bed-and-breakfast unit at 245 W Halleck Street shall be provided. Sufficient resident parking shall be maintained at 711 S Jackson Street Overnight on-street parking by guests of the Bed-and breakfast is prohibited. The Bed-and-breakfast shall accommodate each guest or visitor for no more than seven consecutive days during any one-month period in compliance with C. The Applicants shall obtain all necessary permits from the Building Department and approvals from the Fire Marshal to convert the use of the home at 245 W Halleck Street from Single-family Residential to Bed-and-breakfast. Pursuant to G(2), City Council may revoke the Special Use Permit should the operation of the Bed-and-breakfast violate the any of the conditions

3 identified above. On 12/13/17, the Planning Commission voted unanimously to recommend approval of the Special Use Permit for the Cordes Bed-and-Breakfast. BACKGROUND The applicants participated in a pre-application with staff. ATTACHMENTS: RES. #R Revised Special Use Permit Application (with Operating Characteristics) Planning Commission Staff Report 12/13/17 Planning Commission minutes Citizen Correspondence

4 RESOLUTION NO. R BE IT RESOLVED by the Mayor and City Council of the City of Papillion that the Special Use Permit to allow Bed-and-breakfast as a permitted use on the property legally described as N ½ of Lot 11 and all of Lot 12, Block 27, South Papillion together with all of Lot 10 and the S ½ of Lot 11, Block 27, South Papillion, generally located at 245 W Halleck Street and 711 S Jackson Street is hereby approved, contingent upon: The Bed-and-breakfast shall operate within 245 W Halleck Street. 711 S Jackson Street shall be used solely to establish that Gary and Gerry Cordes (the Applicants ) are the resident owners of 245 W Halleck Street. In the event that the Applicants wish to operate a Bed-and-breakfast within 711 S Jackson Street, the Applicants shall relinquish this Special Use Permit and apply for a new Special Use Permit to authorize the operation of a Bed-and-breakfast within both 245 W Halleck Street and 711 S Jackson Street. The new Special Use Permit application shall rescind and supersede this Special Use Permit. In such an event, the resubmitted Special Use Permit application shall be reviewed in its entirety as a brand new application with all attached exhibits to be reevaluated in connection with other factors, such as the promotion of health, safety, and welfare within the community. The Bed-and-breakfast within 245 W Halleck Street shall only be permitted to operate so long as the Applicants own both parcels and reside within one of the parcels. The Special Use Permit to operate the Bed-and-breakfast shall become void upon any one of the following conditions: o The Planning Department determines that the Applicants no longer reside at 711 S Jackson Street and that they have not established residency within 245 W Halleck Street. o The records of the Sarpy County Register of Deeds show that either 245 W Halleck Street or 711 S Jackson Street have been deeded to any entity, person, or persons other than the Applicants. o Notwithstanding the foregoing, the Special Use Permit shall not be voided so long as one of the Applicants maintains ownership of both parcels. The Applicants shall operate the bed-and-breakfast in compliance with the following requirements: o External effects. There shall be no change in the exterior appearance of the building or premises housing the Bed-and-breakfast. No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the Bed-and-breakfast shall be noticeable from any adjacent property or public right-of-way. The Bed-and-breakfast shall be carried on entirely within the principal residential structure and/or within a detached accessory structure. All external effects criteria are applicable for the detached accessory structure. Signage is not allowed upon the detached accessory structure. Mechanical or electrical equipment for the Bed-and-breakfast shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes.

5 o Employees. The Bed-and-breakfast shall employ no more than one fulltime or part-time employee on site other than the Applicants, provided that one off-street parking space in addition to those otherwise required for the Bed-and-breakfast is made available and used by that nonresident employee. o Signage. Signage identifying the Bed-and-breakfast is considered a residential sign. One sign with a maximum of two square feet is permitted to identify the Bed-and-breakfast. o Traffic generation. The Bed-and-breakfast may generate no more than 20 vehicle trips per day, or approximately twice the average trip generation of a housing unit according to the Institute of Transportation Engineers. Peak-hour traffic generation may not exceed 10 vehicle trips. Pickups or deliveries involving trucks, trailers or commercial vehicles shall not exceed ten individual trips daily. Deliveries or service by commercial vehicles or trucks over 10 tons gross empty weight is prohibited. o Off-street parking shall be made available for vehicles operated by guests of the Bed-and-breakfast and the resident owner(s) at either 245 W Halleck Street or 711 S Jackson Street. At least one off-street parking stall for each leasable Bed-and-breakfast unit at 245 W Halleck Street shall be provided. Sufficient resident parking shall be maintained at 711 S Jackson Street Overnight on-street parking by guests of the Bed-and breakfast is prohibited. o The Bed-and-breakfast shall accommodate each guest or visitor for no more than seven consecutive days during any one-month period in compliance with C. The Applicants shall obtain all necessary permits from the Building Department and approvals from the Fire Marshal to convert the use of the home at 245 W Halleck Street from Single-family Residential to Bed-and-breakfast. Pursuant to G(2), City Council may revoke the Special Use Permit should the operation of the Bed-and-breakfast violate the any of the conditions identified above. PASSED AND APPROVED THIS DAY OF, CITY OF PAPILLION, NEBRASKA Attest: David P. Black, Mayor Nicole L. Brown, City Clerk (SEAL)

6 and 711 S Jackson Street together with Lot 10 and the S 1/2 of Lot 11 Block 27 South Papillion

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8 245 W Halleck St. Owners, Gary & Gerry Cordes (corner of Jackson & Halleck) We would like our cottage to be an Airbnb / Retreat Center. I have many friends who go to quilting retreats throughout the year including myself. Our cottage would be a home away from home to be able to do the things we love to do as well as other crafter and church retreaters. Having the Cottage right next door to our home would give us full access to everything that will be happening while it is being rented. The tall hedge that surrounds the Cottage on both Jackson & Halleck Streets makes the yard very private from the neighborhood. Since our Cottage was built in 1927, we want as much of the original structure inside and out to stay the same as when the Adolf s, the Sunde s & the Beckers owned this home with the exception of updating the bathroom on the main floor to include a shower and handicap railings. The cottage is fairly small with 2 bed rooms one bath & kitchen on the main floor & an open loft on the 2 nd floor with one bathroom. As far as parking, the cottage driveway can handle 4 cars. We have 2 large driveways at our home next door where people can park also. One is off the alley and the other is off Jackson Street. If there is a need for more parking, there is parking across the street on the outer edge of Trinity Lutheran Church that is owned by the city. Thank you for considering our request, Gary & Gerry Cordes

9 CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT DECEMBER 13, 2017 AGENDA 245 W HALLECK STREET/711 S JACKSON STREET BED-AND-BREAKFAST SPECIAL USE PERMIT SUP I. GENERAL INFORMATION A. APPLICANT: Gary and Gerry Cordes 711 S Jackson Street Papillion NE B. PROPERTY OWNER: Gary and Gerry Cordes 711 S Jackson Street Papillion NE C. LOCATION: 245 W Halleck Street and 711 S Jackson Street D. LEGAL DESCRIPTION: 245 W Halleck Street: N ½ of Lot 11 and all of Lot 12, Block 27, South Papillion 711 S Jackson Street: All of Lot 10 and the S ½ of Lot 11, Block 27, South Papillion E. REQUESTED ACTION: Approval of a Special Use Permit to allow Bed-and-breakfast as a permitted use F. EXISTING ZONING AND LAND USE: Zoned Urban Family Residential (R-3), Single-Family Residential G. SIZE OF SITE: Approximately 0.4 acres II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Future Land Use map identifies this site primarily as Medium Density Residential. B. EXISTING CONDITION OF SITE: A Single-Family Residential use is established on each of the parcels.

10 2 C. GENERAL VICINITY AND LAND USE: Block 27 is zoned Urban Family Residential (R-3) and developed as single-family residential. The area to the north of Block 27 is zoned a mix of Urban Family Residential (R-3) and Multiple-Family Residential (R-4). It is developed primarily as single-family residential with a Religious Assembly use to the northwest. The area to the east of Block 27 is zoned Multiple-Family Residential (R-4) and developed as single-family residential. The area to the south of Block 27 is zoned Single-Family Residential Low Density (R-1) and developed as single-family residential. The area to the west of Block 27 is zoned Single-Family Residential Medium Density (R-2) and developed as single-family residential. D. RELEVANT CASE HISTORY: The applicant participated in a pre-application with staff. E. APPLICABLE ORDINANCES AND REGULATIONS: Zoning Regulations and Comprehensive Plan. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for approval of a Special Use Permit to allow Bedand-breakfast as a permitted use. The applicants are proposing to operate a Bed-and-breakfast within 245 W Halleck Street while they reside at 711 S Jackson Street. A small retreat center is proposed as an accessory use to the Bed-and-breakfast. 2. Bed-and-breakfast is defined as: A lodging service that provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast. Bed-and-breakfasts are usually located in large residential structures that have been adapted for this use. For the purpose of this definition, bed-and-breakfasts are always owned and operated by the resident owner of the structure, include no more than 10 units and accommodate each guest or visitor for no more than seven consecutive days during any one-month period W Halleck is adjacent to the property where the applicants reside (711 S Jackson Street). Both properties are included in the Special Use Permit application because a Bed-and-breakfast must be operated by the resident owner. Given that the properties are adjacent and part of the Special Use Permit, the applicant meets the requirement of being a resident owner. 4. The applicant shall provide operational information for inclusion with the City Council Report. December 13, 2017 Planning Commission SUP

11 3 B. LAND USE/COMPREHENSIVE PLAN: 1. The proposal is generally in conformance with the Future Land Use designation of Medium Density Residential. C. GENERAL: 1. The applicant shall comply with the following provisions as derived from the Home-Based/Home-Occupation regulations established in : a. External effects. i. There shall be no change in the exterior appearance of the building or premises housing the Bed-and-breakfast. ii. No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the Bed-andbreakfast shall be noticeable from any adjacent property or public right-of-way. iii. The Bed-and-breakfast shall be carried on entirely within the principal residential structure and/or within a detached accessory structure. All external effects criteria are applicable for the detached accessory structure. Signage is not allowed upon the detached accessory structure. iv. Mechanical or electrical equipment for the Bed-andbreakfast shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes. b. Employees. The Bed-and-breakfast shall employ no more than one full-time or part-time employee on site other than the applicants, provided that one off-street parking space in addition to those otherwise required for the Bed-and-breakfast is made available and used by that nonresident employee. c. Signage identifying the Bed-and-breakfast is considered a residential sign. One sign with a maximum of two square feet is permitted to identify the Bed-and-breakfast. d. Traffic generation. i. The Bed-and-breakfast may generate no more than 20 vehicle trips per day, or approximately twice the average trip generation of a housing unit according to the Institute of Transportation Engineers. Peak-hour traffic generation may not exceed 10 vehicle trips. Pick-ups or deliveries involving trucks, trailers or commercial vehicles shall not exceed ten individual trips daily. ii. Deliveries or service by commercial vehicles or trucks over 10 tons gross empty weight is prohibited. 2. Per , the applicant is required to provide a total of one stall per leasable units at 245 W Halleck Street. Sufficient resident parking is provided at 711 S Jackson Street. 3. A sign up to two square feet is permitted by the Zoning Regulations to identify the bed-and-breakfast. 4. The Special Use Permit shall be issued upon the following conditions: December 13, 2017 Planning Commission SUP

12 4 a. The Bed-and-breakfast shall operate within 245 W Halleck Street. 711 S Jackson Street shall be used solely to establish that the applicants are the resident owners of 245 W Halleck Street. In the event that the applicant wish to operate a Bed-and-breakfast within 711 S Jackson Street, the applicants shall relinquish the Special Use Permit associated with this applicant and apply for a new Special Use Permit to authorize the operation of a Bed-andbreakfast within both 245 W Halleck Street and 711 S Jackson Street. b. The Bed-and-breakfast within 245 W Halleck Street shall only be permitted to operate so long as the applicants own both parcels and reside within one of the parcels. The Special Use Permit to operate the Bed-and-breakfast shall become void upon any one of the following conditions: i. The Planning Department determines that the applicants no longer reside at 711 S Jackson Street and that they have not established residency within 245 W Halleck Street. ii. The records of the Sarpy County Register of Deeds show that either 245 W Halleck Street or 711 S Jackson Street have been deeded to any entity, person, or persons other iii. than the applicants. Notwithstanding the foregoing, the Special Use Permit shall not be voided so long as one of the applicants maintains ownership of both parcels. c. The applicant shall operate the bed-and-breakfast in compliance with the following requirements: i. External effects. [1] There shall be no change in the exterior appearance of the building or premises housing the Bed-and-breakfast. [2] No noise, odors, bright lights, electronic interference, storage or other external effects attributable to the Bedand-breakfast shall be noticeable from any adjacent property or public right-of-way. [3] The Bed-and-breakfast shall be carried on entirely within the principal residential structure and/or within a detached accessory structure. All external effects criteria are applicable for the detached accessory structure. Signage is not allowed upon the detached accessory structure. [4] Mechanical or electrical equipment for the Bed-andbreakfast shall be limited to that which is self-contained within the structure and normally used for office, domestic or household purposes. ii. iii. Employees. The Bed-and-breakfast shall employ no more than one full-time or part-time employee on site other than the applicants, provided that one off-street parking space in addition to those otherwise required for the Bed-andbreakfast is made available and used by that nonresident employee. Signage. Signage identifying the Bed-and-breakfast is considered a residential sign. One sign with a maximum of December 13, 2017 Planning Commission SUP

13 5 two square feet is permitted to identify the Bed-andbreakfast. iv. Traffic generation. [1] The Bed-and-breakfast may generate no more than 20 vehicle trips per day, or approximately twice the average trip generation of a housing unit according to the Institute of Transportation Engineers. Peak-hour traffic generation may not exceed 10 vehicle trips. Pick-ups or deliveries involving trucks, trailers or commercial vehicles shall not exceed ten individual trips daily. [2] Deliveries or service by commercial vehicles or trucks over 10 tons gross empty weight is prohibited. d. Off-street parking must be made available for vehicles operated by guests of the Bed-and-breakfast and the resident owner(s) at either 245 W Halleck Street or 711 S Jackson Street. Overnight on-street parking by guests of the Bed-and breakfast is prohibited. e. The Bed-and-breakfast shall accommodate each guest or visitor for no more than seven consecutive days during any one-month period in compliance with C. f. The applicant shall obtain all necessary permits from the Building Department and approvals from the Fire Marshal to convert the use of the home at 245 W Halleck Street from Single-family Residential to Bed-and-breakfast. IV. RECOMMENDATION Approval of the Special Use Permit (SUP ) for 245 W Halleck Street/711 S Jackson Street based on: 1. The proposed land use is generally consistent with the zoning, and 2. The proposed land use is generally compatible with the surrounding uses. The recommendation for approval is contingent upon the applicant: 1. Providing a description of the operational plan as described in Section III, A, Agreeing to the conditions of Sections III, C, 7. V. COPIES OF REPORT TO: Applicant Public upon request VI. ATTACHMENTS: Special Use Permit Application Aerial Report prepared by: Michelle Romeo City Planner December 13, 2017 Planning Commission SUP

14 and 711 S Jackson Street together with Lot 10 and the S 1/2 of Lot 11 Block 27 South Papillion

15

16 245 W Halleck Street (Bed-and Breakfast) 711 S Jackson Street (Owner Residence)

17 S Jackson St S Madison St S Adams St W Sherman St W Sheridan St W Halleck St Area of Application W Perry St W Patton St Crest Rd Cordes Bed & Breakfast (245 W Halleck Street & 711 S Jackson Street) SUP

18 DRAFT MINUTES PAPILLION PLANNING COMMISSION MEETING DECEMBER 13, 2017 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, December 13, 2017 at 7:00 PM. Chairwoman Rebecca Hoch called the meeting to order. Planning Assistant Andrea Blevins called the roll. Planning Commission members present were Howard Carson, Raymond Keller Jr., Jim Masters, John E. Robinson III, Leanne Sotak, and Wayne Wilson. David Barker, Judy Sunde and Herb Thompson were absent. Planning Director Mark Stursma, Assistant City Attorney Amber Rupiper, Assistant Planning Director Travis Gibbons, City Planner Michelle Romeo, and Staff Engineer Derek Goff were also present. Chairwoman Hoch led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on November 29, A copy of proof of publication is on file at the office of the City Clerk. Chairwoman Hoch announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Approval of Agenda Motion was made by Mr. Robinson III, seconded by Mr. Masters, to approve the agenda as presented. Roll call: Seven yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Mr. Keller, seconded by Ms. Sotak, to approve the November 29, 2017 minutes. Roll Call: Seven yeas, no nays. Motion carried. PUBLIC HEARINGS Special Use Permit - A Special Use Permit to allow Bed-and-breakfast as a Permitted Use on the property legally described as the N 1/2 Lot 11 & all Lot 12 Block 27 South Papillion, together with Lot 10 & S 1/2 Lot 11 Block 27 South Papillion, generally located at 245 W Halleck Street and 711 S Jackson Street. The applicant is Gary & Gerry Cordes. SUP Chairwoman Hoch opened the public hearing. Gerry and Gary Cordes, 711 S Jackson Street, stepped forward as the applicants. Mrs. Cordes explained that she and Mr. Cordes would like to use their property located at 245 W Halleck Street as an Airbnb and retreat center. She noted that because the property is located right next door to her home at 711 S Jackson Street, she and Mr. Cordes would have full access to and knowledge of the happenings therein. She pointed out that the tall hedge that surrounds the property offers privacy and screening from the neighbors. Mrs. Cordes stated that the home at 245 W Halleck Street was built in 1927, and it is her wish to maintain as much of the original detail as possible with the exception of updating the bathroom on the main level to include a shower and handicap railings. She noted that the property has two bedrooms on the main floor with a loft and bathroom on the second floor. In reference to

19 parking, Mrs. Cordes expressed that the driveway at 245 W Halleck can hold four cars and additional parking will also be provided in the two driveways at 711 S Jackson Street. She noted that there is also angle parking surrounding Trinity Lutheran Church on the northwest corner of W Halleck Street and S Jackson Street for overflow parking when necessary. Chairwoman Hoch called for proponents and opponents. Chairwoman Hoch noted that an had been received from Donna Hume, 751 S Jackson Street, in opposition to the request and that said was distributed to the Planning Commission. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission discussion. Mr. Masters commented that he lives near a bed-and-breakfast in Hunter s Crossing, which is very calm and quiet. He asked Mrs. Cordes how she and Mr. Cordes intend to vet prospective guests. Mrs. Cordes explained that she intends to build a website that includes contact information wherein prospective guests can call and book use of the bed-and-breakfast. She reiterated that because she and her husband live next door, they will be able to monitor the use of the property closely. Mr. Carson asked staff to clarify the use of a property as an Airbnb, and when such a use rises to the level of needing a Special Use Permit for the Bed-and-Breakfast use type. Michelle Romeo explained that there are a number of considerations in determining when a Special Use Permit would be required. She noted that a Special Use Permit is necessary in this case because the intended and regular use of the property would be a bed-and-breakfast and retreat center. She indicated that an Airbnb that only rents out space a few times a year during special events, and therefore do not necessarily rise to the level where a special use permit would be required. She further explained that laws that regulated when a hotel occupation tax needs to be collected are also a factor in determining if a Special Use Permit is necessary. Ms. Sotak offered her support to of the request, and asked for more clarification on the retreat center concept and the type of traffic it might generate. Ms. Cordes explained that the bed-andbreakfast would be available for both daytime retreats and overnight stays. She noted that the bed-and-breakfast would likely only be able to accommodate six to eight people at one time. With no further discussion, Motion was made by Mr. Robinson III, seconded by Mr. Carson, to recommend approval of the 245 W Halleck Street/711 S Jackson Street Special Use Permit (SUP ) because the proposed land use is generally consistent with the zoning and surrounding uses, contingent upon the applicant addressing the contingencies outlined in the Planning Commission Staff Report. Roll Call: Seven yeas, no nays. Motion carried. Preliminary Plat A Preliminary Plat for the property legally described as Tax Lot 7A of Section 28, T14N, R12E together with Tax Lot 9A of Section 21, T14 N, R12E of the 6th P.M., Sarpy County, NE, generally located on the NW corner of 96th St and Lincoln Road. The applicant is Jeff Elliott. (Lincoln Way) PP Chairwoman Hoch opened the public hearing. Larry Jobeun, W Center Rd (Omaha), stepped forward to represent the applicant. He noted that Jeff Elliott and Drew Snyder of Woodsonia Real Estate, Don Iverson the current property owner, Doug Kellner of TD2, and Deborah Kline and Jerry Slusky of SB Communities, 2 Planning Commission December 13, 2017

20 LLC were also present. He established that the project encompasses approximately 81.7 acres on the northwest corner of 96 th Street and Lincoln Road. He indicated that the project proposes 104 single-family residential lots, one multi-family lot with about 310 units anticipated, and four outlots that will be maintained by the homeowners association as passive recreation areas. Mr. Jobeun stated that the outlots are within a Special Flood Hazard Area. Mr. Jobeun advised that the project is consisted with the Future Land Use Designation as it contemplates a combination of low-density and medium-density residential uses. He noted that 41 of the single-family lots on the north half of the development will have a price point of approximately $525,000, and the remaining 63 single-family lots will have a price point of about $365,000. Mr. Jobeun clarified that the Planning Commission Staff Report contains a provision that required the development team to move the multi-family component to the north side of the development; however, staff and the development team discussed this and ultimately decided not to require this revision. He explained that the applicant does not wish to move the multifamily component because the greenspace available on the north side of the development provides an amenity for the homes in the higher price range. Mr. Jobeun noted that the preliminary plat includes dedications for Cornhusker Road right-ofway and additional right-of-way for 96 th Street. He explained that there will be three access points from the development via Cornhusker Road (to 96 th Street), Osprey Lane (to 96 th Street), and 99 th Street (to Lincoln Road). He confirmed that there would not be any direct access to 96 th Street or Cornhusker Road. He stated that access for the multi-family lot would be limited to 99 th Street and Osprey Lane in alignment with 97 th Street. Deborah Kline, 3532 S 101 Street (Omaha), stepped forward to speak about the proposed multi-family development on Lot 105 as a representative of SB Communities, LLC owned by Jerry Slusky and Bob Batt. She presented images of the Prairie Trails multi-family project in Ankeny, Iowa that will be substantially similar to the proposed project. She stressed the SB Communities, LLC aims to produce unique communities with a variety of projects. She presented elevation examples of the various apartment building types anticipated at the site, and explained the difference between the designs of each. She offered an overview of the construction materials used and the amenities that would be available. Ms. Kline explained that the average rent for units within this development would likely start at $1,000 per month, and the complex would offer studio, one, two, and three bedroom unit floorplans. She noted that the mix of unit types tends to create a diverse population of renters. She reported that the Prairie Trails project in Ankeny, IA is at 100% leasing with a waiting list. Mr. Carson asked which of the building types presented would be available at the site. Ms. Kline noted that a site plan is not available for the project; however, the site plan would be substantially similar to the Prairie Trails project and provide a mix of the various building types. She offered an overview of the general layout scheme that SB Communities, LLC typically utilizes. Mr. Masters inquired as to whether any of the units would be developed as townhomes. Ms. Kline explained that some of the units are similar to townhomes and offered a rendering of the proposed units. She noted that these units would be treated the same as the other apartment units. 3 Planning Commission December 13, 2017

21 Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission discussion. Mr. Masters offered his support for the project. Mr. Keller inquired as to where Cornhusker Road would connect to the east of the site. Mr. Jobeun confirmed that Cornhusker Road would end at 96 th Street; however, it would make a connection to the west. Mr. Stursma noted that the alignment of Cornhusker Road is not necessarily in alignment with Cornhusker Road to the east; however, it aligns with existing Cornhusker Road to the west. Mr. Wilson asked the proximity to Portal Road. Mr. Stursma noted that Lincoln Way is directly south of the Juvenile Detention Center and the West Papillion Creek on the south side of Portal Road. Mr. Jobeun noted that Portal Road is approximately one-quarter mile north of the site. Chairwoman Hoch asked whether this configuration would be in alignment with Cornhusker Road further west. Mr. Stursma confirmed that Cornhusker Road will eventually connect to the west at 108 th Street. Chairwoman Hoch asked whether there would be a deceleration lane for the intersection of 96 th Street and Cornhusker Road. Mr. Jobeun indicated that there would not be a deceleration lane. He explained that the project had not completed a traffic study. Chairwoman Hoch asked about the difference in lot size for the two different price points of the single-family lots. Mr. Jobeun and Jeff Elliott, Marcy St (Omaha), explained that the higher priced lots would be approximately 85 feet wide and 130 feet in length and the lower price point lots would be approximately feet wide and 130 feet in length. Mr. Masters asked Mr. Stursma to confirm whether staff is in agreement with Mr. Jobeun s assertion that the multi-family component does not need to be moved to the north side of the project. Mr. Stursma explained that staff wanted to note that a change in the layout had been discussed; however, the intent was not to imply that changing the layout was a requirement. Chairwoman Hoch asked whether there is a difference in grade between the north and south side of the West Papillion Creek that would buffer the homes from the industrial and civic uses to the north. Mr. Jobeun noted that the grade is relatively level now; however, the elevation of the residential lots would be need to be raised up to bring them out of the floodplain. As such, the homeowners will likely be able to see across the creek to the north; however, the uses to the north are approximately one-quarter mile away. He does not anticipate that this factor will affect the marketability of these lots. Mr. Elliot explained that a lot of thought went into the site layout because the development team wishes to minimize the impact to the floodplain areas and maximize the amenities offered to the single-family lots. He noted that each of the lots in the higher price range will be filled to a level where each home will have a walk-out basement with greenspace in the rear. He noted his belief that the uses to the north will not be an issue. Mr. Elliot justified that the multi-family component is better suited on the south side of the site due to its closer proximity to the pending community center. Chairwoman Hoch inquired about the future land use designation of the land to the north of Lincoln Way. Mr. Stursma noted that most of the land to the north of the creek abutting this project is already developed with a mix of multi-family, civic, industrial, and commercial uses. Mr. Jobeun reiterated the distance between the site and the properties to the north. 4 Planning Commission December 13, 2017

22 Mr. Carson asked whether the development team anticipates that the land to the west of this project will also develop as single-family residential. He further noted the substantial grade change to the west. Mr. Jobeun suggested that the owners of the property to the west are not currently interested in selling; however, he anticipates that this property will eventually be developed as single-family residential due to its location. He confirmed that Cornhusker Road will be able to make a connection to the west despite the grade change. Mr. Carson asked whether the development team had elevations for the proposed single-family homes. Mr. Jobeun indicated that he did not have such renderings and he could not disclose the prospective home-builder at this time. He noted that the homes in the higher price range would likely be custom homes. Mr. Carson asked for an explanation of the land swap and fill rate in regards to the Special Flood Hazard Area (SFHA). Mr. Stursma explained that the City purchased a portion of land from Don Iverson for the expansion of City Park and the community center. He noted that the purchase agreement included a provision to grant some of the City s allocation of fillable area to other properties owned by Mr. Iverson. Mr. Stursma explained that fill is limited to 25% of the SFHA (excluding floodway). He noted that the City allocated the fillable area from City Park and the community center project to this site. Mr. Carson asked how much this property needs to fill in order to bring the lowest level of the homes one foot above base flood elevation. Mr. Stursma noted that the City allocated fifteen acres of additional fill to be shared by properties owned by Mr. Iverson on the east and sides of 96 th Street. Ms. Romeo noted that the SFHA exhibit in the Planning Commission Staff Report denotes the amount of fill. Mr. Carson asked whether the greenspace on the site would be maintained as prairie grass. Mr. Jobeun answered in the affirmative. Mr. Robinson III asked staff to elaborate on its comments in the Planning Commission Staff Report regarding cul-de-sacs. Mr. Stursma explained that the City discourages cul-de-sacs because they are difficult to maintain, reduce connectivity, and do not provide benefit to the public. He noted that he believes that the cul-de-sacs proposed in this project on the north side of Cornhusker are justifiable due to geometry and the limitations created by the floodplain. He explained that staff has discussed some different options with the development team regarding the cul-de-sac on the west side of the development. Mr. Jobeun noted that the development team is working to resolve this issue. Mr. Carson noted that he has business relationships with Jerry Slusky and Deborah Kline with SB Communities, LLC; however, approval of this project will not result in any personal or financial gain to him. He offered his support of the project. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson III, to recommend approval of the Lincoln Way Preliminary Plat (PP ) because it is consistent with the Comprehensive Plan if the Preliminary Plat is revised to address Sections III, B, 2 of the Planning Commission Staff Report, is compatible with adjacent uses if the Preliminary Plat is revised to address Sections III, B, 2 of the Planning Commission Staff Report, and is compliant with the Zoning and Subdivision Regulations, contingent upon the resolution of staff comments. Mr. Jobeun interjected and noted that contingency number one listed in the Planning Commission Staff Report is no longer a requirement. Amber Rupiper explained that by allowing the resolution of staff comments, there is room to work with staff on the contingencies listed therein. Roll Call: Seven yeas, no nays. Motion carried. 5 Planning Commission December 13, 2017

23 Change of Zone A Change of Zone from Agricultural (AG) to Multiple-Family Residential (R- 4) for the property legally described as Tax Lot 7A of Section 28, T14N, R12E together with Tax Lot 9A of Section 21, T14 N, R12E of the 6th P.M., Sarpy County, NE, generally located on the NW corner of 96th St and Lincoln Road. The applicant is Jeff Elliott. (Lincoln Way) CZ Chairwoman Hoch opened the public hearing. Larry Jobeun, W Center Rd (Omaha), stepped forward to represent the applicant and offered to answer any additional questions. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission discussion. Mr. Carson asked for a project timeline. Mr. Jobeun noted that this project is being developed through the use of a Sanitary and Improvement District (SID); therefore, the public infrastructure will be constructed as soon as possible. He indicated that buildout will likely be simultaneous shortly thereafter. With no further discussion, Motion was made by Mr. Carson, seconded by Mr. Robinson III, to recommend approval of the Lincoln Way Change of Zone (CZ ) because it is compliant with the Zoning and Subdivision Regulations, contingent upon the resolution of staff comments. Roll Call: Seven yeas, no nays. Motion carried. OTHER BUSINESS With no further business to come before the Commission, Motion was made by Mr. Wilson, seconded by Mr. Robinson III to adjourn. The meeting adjourned by unanimous consent at 8:05 PM. CITY OF PAPILLION Rebecca Hoch, Chairwoman 6 Planning Commission December 13, 2017

24 From: To: Subject: Date: Donna Hume Andrea Blevins Re: Cordes Bed & Breakfast Monday, December 04, :35:08 PM I am Donna Hume and live 4 houses from the prospective Cordes Bed and Breakfast on Jackson St. I am a Registered Nurse at one of the hospitals in Omaha. I work 12 hour shifts and won't be able to go to the meeting Dec. 13th because I work until 8pm that night. I do have a bit of concern about this adventure of the Cordes'. I have known this house to have been Warren Adolf's house for many years. When he passed away Cordes' bought it. We have a wonderful OLDER neighborhood in the surrounding area of where they wish to make a bed and breakfast. My understanding of this is it is to be a house for people to rent while in surrounding area for events rather than a hotel or motel. Which is a wonderful idea or concept however it concerns me. There is no pool, lake or much of anything else that comes to mind when I think of this house to be a bed and breakfast. I don't know what the draw would be.therefor the events that would draw anyone to rent this would be events like College World Series. Which has the potential of parties for 2 weeks at all hours of the night to our neighborhood. Possibly family that has a loved one in a hospital for long stays. I have concern about our quiet mostly older and retired population in the immediate neighborhood and surrounding area for several blocks. I don't think this area is zoned commercial which is one reason I moved into the neighborhood. What would this do to crime rate around here especially with a back alley behind the house. I think the idea of a Bed and Breakfast is a cool idea but not in this quiet, older and established neighborhood. Respectfully Submitted, Donna E. Hume

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