SARPY COUNTY PLANNING COMMISSION MINUTES OF MEETING. December 18, 2018

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1 SARPY COUNTY PLANNING COMMISSION MINUTES OF MEETING l. CALL MEETING TO ORDER A meeting of the Planning Commission of Sarpy County, Nebraska was convened in open and public session at the call of Chairman Tom Ackley at 7:00 P.M. at the Sarpy County Courthouse in Papillion, Nebraska. Chairman Ackley noted that this meeting is being held in accordance with the Nebraska Open Meetings Act a copy of which is posted on the north wall of the Sarpy County Boardroom. Roll call attendance was taken followed by the Pledge of Allegiance. Present: Mike Sotak, Jan Davis, Michael George, Doug Whitfield, Tom Ackley, Marty Giff, Deanna Korth, Gayle Malmquist and Pat Lichter. Absent: Jerry Torczon and Charly Huddleston. Notice of the public hearing was given in advance thereto by publication in the Omaha World- Herald dba Bellevue Leader, Papillion Times, Gretna Breeze and Springfield Monitor, and in the Daily Record of Omaha. Proof of Publication is on file in the Planning Department. Notice of the meeting was simultaneously given to all members of the Planning Commission of Sarpy County, Nebraska. Availability of the agenda was communicated in the published notice and in the notice to members of the Planning Commission of this meeting. Sarpy County staff present: Bruce Fountain, Planning Director, Donna Lynam, Assistant Planning Director, Kelly Jeck, Planning & Zoning Assistant, Nicole Spitzenberger, Deputy County Attorney, and Kayla Hathcote, Deputy County Attorney. ll. CONSENT AGENDA 1. Approval of Minutes from the September 18, 2018 meeting. MOTION: Sotak moved, seconded by Giff, to approve the Consent Agenda as submitted. Ballot: Ayes Sotak, George, Ackley, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: Davis and Whitfield. Absent: Torczon and Huddleston. Motion carried. lll. REGULAR AGENDA 1. PUBLIC HEARING AND RECOMMENDATION: Diane Scholting has submitted applications for consideration of a Change of Zone from AG to AG, AGD and RE-2, and Preliminary and Final Plats of a subdivision to be known as Scholting Estates, Lots 1 7 and Outlot A, being a platting of Tax Lot 4 and Tax Lot 6A located in the E ½ of the NE ¼ of Section 32 Township 13N, Range 11E of the 6 th P.M., Sarpy County, Nebraska. Generally located northwest of 180 th Street and Buffalo Road. Donna Lynam, Assistant Planning Director, presented the following relevant information on this request as outlined in the Planning Department s Recommendation Report: This existing farmstead of approximately acres in size includes a dwelling, various farm structures and a 4+-acre pond. The surrounding properties to the north, south, east and west are all zoned AG with tillable farm ground. The Future Land Use designation of the area is Low to Medium Density Residential. The proposed zoning of AG, AGD and RE2 is compatible with the Comprehensive Plan adopted by Sarpy County.

2 The applicant is proposing to split the existing farmstead into seven buildable lots for acreage development and one thirty-four acre unbuildable outlot for future development in accordance with the Sarpy County Comprehensive Plan. The proposed outlot will include a number of existing farm buildings, but no new improvements will be allowed. The existing dwelling and all future dwellings will be served with common wells, private septic systems, propane gas and OPPD for power. Pursuant to the Septic Suitability Map in the Comprehensive Plan, this area is suitable for the use of septic systems. All lots will have access from Cade Street via 180 th Street with the exception of Lot 4 that will have direct access from 180 th Street. Access to the existing farmstead on proposed Lot 1, will maintain full movement access and will become right-in, right-out when roadway improvements dictate such means is necessary. The Sarpy County Slope Diagram in the Comprehensive Plan shows this area having slopes varying from 9% to 20%. Areas of concern with this site include slopes with a possible gradient higher than 15%. The applicant has provided information, signed and stamped by a licensed Land Surveyor that indicates the site contains slopes that are less than 15% gradient. The applicant has included a note on the plat stating that the existing tree mass located between Lots 3 and 4 is only to be disturbed for construction of dwellings. The Growth Management Map designates this site as being within the Urban Reserve Zone. This zone is intended to manage growth in areas identified to be eventually serviceable with sanitary sewer and other public utilities. In order to facilitate the transition of agricultural land to urbanized area, development in this area is limited and regulated by build-through subdivision regulations. A subdivision within the Build-Through designation shall provide future sanitary sewer trunk line easements and construction easements for the sewer as designated using the most recent final reports. The Southern Ridge Wastewater Study shows a proposed trunk line for phase 3 of the sewer running through this property. An easement for such trunk line shall be shown on the preliminary and final plats to meet build-through development requirements, therefore the Scholting Estates plats will need to be revised before being scheduled for County Board consideration Ms. Lynam said while the Scholting Estates proposal is not consistent with the Future Land Use designation of Low to Medium Density Residential, the Residential Development Decision Matrix allows large lot residential development as part of a Build Through Acreage Development in the Urban Reserve Zone where 60% of the area is set aside for future development with a higher density to be served by municipal services. With the inclusion of Outlot A, the final plat for the Scholting Estates subdivision meets the criteria. Ms. Lynam noted that the Build-Through Acreage Overlay District (BTA) should be attached to each underlying zoning district (AG/BTA, AGD/BTA, RE2/BTA). Ms. Lynam added that the County Attorney s Office is currently drafting a development agreement for this subdivision that will need to be completed and signed by the applicant before the applications are scheduled for County Board consideration. Ms. Lynam said the Planning Department recommends approval of the Change of Zone from AG (Agricultural) to AG (Agricultural), AGD (Agricultural Development District), and RE2 (Residential Estates 2) for the proposed Scholting Estates subdivision, with the addition of the Build-through Acreage Overlay District (BTA) attached to each underlying district. The zoning change to become effective with the filing of the Final Plat. Staff makes this recommendation as the Change of Zone meets the requirements of the Sarpy County Comprehensive Plan, Zoning, and Subdivision Regulations.

3 The Planning Department recommends approval of the Preliminary Plat and Final Plat of the subdivision to be known as Scholting Estates with the easements for future sewer trunk lines being shown on the final plat as required by the Build Through Acreage development requirements, as both the Preliminary and Final Plats meet the requirements of the Sarpy County Comprehensive Plan, Zoning, and Subdivision Regulations. Andy Scholting, representing his mother Diane Scholting, spoke in support of this proposal. Chairman Ackley opened the Public Hearing on this request at 7:13 p.m. Derek Beenblossom, Surveyor for the applicant on this parcel, also appeared in support of this request. With no one else coming forward, Chairman Ackley closed the Public Hearing at 7:14 p.m. MOTION: Whitfield moved, seconded by Sotak, to recommend APPROVAL of the Change of Zone from AG (Agricultural) to AG (Agricultural), AGD (Agricultural Development District), and RE2 (Residential Estates 2 acres) for the proposed Scholting Estates development, with the addition of the Build-through Acreage Overlay District (BTA) being attached to each underlying district and with the permanent and temporary easements for the future sewer being shown on the Preliminary and Final Plats prior to this development going before the County Board. The zoning changes to become effective with the filing of the Final Plat. This recommendation is being made as the Change of Zone meets the requirements of the Sarpy County Comprehensive Plan, Zoning, and Subdivision Regulations. Ballot: Ayes Sotak, Davis, George, Whitfield, Ackley, Giff, Korth, Malmquist, and Lichter. Nays: Abstain: None. Absent: Torczon and Huddleston. Motion carried. MOTION: Whitfield moved, seconded by Sotak, to recommend APPROVAL of the Preliminary Plat of a subdivision to be known as Scholting Estates with the easements for future sewer trunk lines being shown on the plat as required by the Build-through Acreage Development requirements prior to this development going to the County Board, as the Preliminary Plat meets the requirements of the Sarpy County Comprehensive Plan, Zoning, and Subdivision Regulations. Ballot: Ayes Sotak, Davis, George, Whitfield, Ackley, Giff, Korth, Malmquist, and Lichter. Nays: Abstain: None. Absent: Torczon and Huddleston. Motion carried. MOTION: Whitfield moved, seconded by Sotak, to recommend APPROVAL of the Final Plat of a subdivision to be known as Scholting Estates with the easements for future sewer trunk lines being shown on the plat as required by the Build-through Acreage Development requirements prior to County Board, as the Final Plat meets the requirements of the Sarpy County Comprehensive Plan, Zoning, and Subdivision Regulations. Ballot: Ayes Sotak, Davis, George, Whitfield, Ackley, Giff, Korth, Malmquist, and Lichter. Nays: Abstain: None. Absent: Torczon and Huddleston. Motion carried. 2. PUBLIC HEARING AND RECOMMENDATION: Derrick Reinhart, representing Dogtopia, has submitted an application for consideration of a revision to an existing Special Use Permit in the BG, General Business Zoning District, for a dog daycare with outdoor runs and boarding at Edna Street, legally described as Lot 1, Sugar Creek Neighborhood Center, as surveyed, platted and recorded in Sarpy County, NE. Generally located southwest of 189 th and Harrison Streets. Donna Lynam, Assistant Planning Director, said the applicant is requesting approval of a Revised Special Use Permit to allow for a larger outdoor play area, for use during daytime hours, in conjunction with a dog daycare, boarding, and grooming facility in the BG Zoning District.

4 Ms. Lynam said the applicant was granted a Special Use Permit this past July that included a 25 x 80 outdoor area (2,000 sq. ft.). The applicant is now requesting approval of a larger outdoor area of 58 x 70 (4,060 sq. ft.). Ms. Lynam pointed out that the property owner is proposing a different building layout on the site, which is a change from the conceptual drawing submitted when the Special Use Permit was approved. Under the current site plan, access to the site will only be from Edna Street. No other changes are being proposed to the existing Special Use Permit. Ms. Lynam said the Planning Department recommends approval of the Revised Special Use Permit allowing for a larger outdoor play area in conjunction with a dog daycare facility with overnight boarding in the BG (General Business) Zoning District located at Edna Street subject to the operational plan and conditions of the Special Use Permit approved by Resolution as it is in conformance with the Sarpy County Zoning Regulations. Staff makes this recommendation with the condition that the applicant provide the Sarpy County Planning & Building Department with a copy of their Boarding Kennel Facility License as issued by the State of Nebraska Department of Agriculture Bureau of Animal Industry. Derrick Reinhart, applicant, appeared in support of this request. In response to discussion about the site plan presented, Ms. Lynam clarified that the Special Use Permit will only be for the dog daycare facility, which will be located in the building on Lot 1, Sugar Creek Neighborhood Center. Chairman Ackley opened the Public Hearing on this request at 7:27 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 7:27 p.m. MOTION: Lichter moved, seconded by Korth, to recommend APPROVAL of the Revised Special Use Permit allowing for a larger outdoor play area in conjunction with a dog daycare facility with overnight boarding in the BG (General Business) Zoning District located at Edna Street, subject to the operational plan and conditions of the Special Use Permit approved by Resolution as it is in conformance with the Sarpy County Zoning Regulations. This recommendation is being made with the condition that the applicant provide the Sarpy County Planning & Building Department with a copy of their Boarding Kennel Facility License as issued by the State of Nebraska Department of Agriculture Bureau of Animal Industry. Ballot: Ayes Sotak, Davis, George, Whitfield, Ackley, Giff, Korth, Malmquist, and Lichter. Nays: Abstain: None. Absent: Torczon and Huddleston. Motion carried. 3. PUBLIC HEARING AND RECOMMENDATION: Sarpy County Planning Department requests approval of text amendments to various sections of the Sarpy County Zoning Regulations: Sections Bruce Fountain, Planning Director, stated that while the process to completely update the County s Zoning Regulations is underway, staff believes the proposed text amendments need to be adopted now in order to move forward with pending development projects. Below is a summary of the proposed amendments: Section 21: BGH Heavy General Business District and Section 22: BHS Highway Service Business District Staff proposes to delete Section 22, the BHS zoning district, and combine it into Section 21 BGH Heavy General Business District. This combination will streamline the regulations into one district, as the current district designations are extremely similar. Outdoor Storage is being added as a permitted special use in this district.

5 Section 36: Wireless Tower Regulations (renumbered to Section 35) This section has being edited to clarify the standard under which wireless communication towers will be reviewed and to update those standards to the most current revision of the TIA/EIA-222, Revision H. Section 42: Board of Adjustment Conflicting language in this section is being corrected. There are areas in this section that state that variance applications shall be filed with the County Clerk s office and other areas which state that the applications are to be filed with the Director of Planning. We have corrected these discrepancies and propose language stating that variance applications are to be filed with the County Clerk s office. Once filed, the Clerk s office will route the application to the Planning Department for processing. This assures that all information is submitted to a neutral party and processed appropriately. General Formatting and Section Numbering: Other redlines within the Zoning Regulations document are due to the necessary re-numbering of section due to the elimination of the current Section 22 BHS as well as any references to sections throughout the document that required updating as a result of this re-numbering. Mr. Fountain said the Planning Department recommends approval of the changes to the Sarpy County Zoning Regulations as shown in Attachment A (red-lined copy of the Zoning Regulations), as staff believes the text amendments as outlined above and shown in detail in Attachment A are consistent with the overall Zoning Regulations of the County. MOTION: Malmquist moved, seconded by Lichter, to recommend APPROVAL of the changes to the Sarpy County Zoning Regulations as shown in Attachment A (red-lined copy of the Zoning Regulations), as the proposed text amendments are consistent with the overall Zoning Regulations of Sarpy County. Ballot: Ayes Sotak, Davis, George, Whitfield, Ackley, Giff, Korth, Malmquist, and Lichter. Nays: Abstain: None. Absent: Torczon and Huddleston. Motion carried. IV. CORRESPONDENCE AGENDA 1. Commissioner s Reports: No report(s). 2. Planning Director s Report: No report. 3. Next Currently Scheduled Meeting: Tuesday, January 15, V. ADJOURNMENT There being no further discussion, Chairman Ackley adjourned the meeting of the Planning Commission at 7:37 p.m. Tom Ackley, Chairman Kelly Jeck, Recording Secretary