CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT APRIL 3, 2018 AGENDA. Subject: Type: Submitted By: Resolution #R

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1 CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT APRIL 3, 2018 AGENDA Subject: Type: Submitted By: A request for a Final Plat for the property legally described as Tax Lot 3 located in the NE 1/4 of the NW 1/4 of Section 34, T14N, R12E of the 6 th P.M. of Sarpy County, generally located at S 90 th Street. The applicant is the City of Papillion. (Bitting Nye) Resolution #R Mark A. Stursma, AICP Planning Director SYNOPSIS This is a request for a Final Plat for Bitting Nye, which consists of a single lot that is proposed to be zoned as Single-Family Residential Low Density (R-1). No outlots are proposed. The site is already developed with a single-family residence. The applicant is proposing to add an addition to the existing building. Given that the addition will require the property owner to connect to the City s sanitary sewer system, approvals related to zoning and platting are required at this time. The Final Plat is consistent with the approved Preliminary Plat. FISCAL IMPACT No public improvements are required as a result of the proposed Final Plat. RECOMMENDATION Approval, contingent upon City Council approval of: Bitting Nye Change of Zone, ORD. #1795 Bitting Nye Subdivision Agreement, RES. #R On 11/29/17, the Planning Commission unanimously recommended approval of the Bitting Nye Final Plat contingent upon resolution of staff comments. The conditions required to approve the Final Plat have been addressed. BACKGROUND In July and August 2017, the property owner submitted permits related to the remodel of the property. The permits included replacement of the then existing foundation, which had partially collapsed. As part of the building permit review process, the need to plat and zone the property was identified. In August 2017, the Planning Commission considered the Overland Hills Point Preliminary Plat, Final Plat, and Change of Zone applications for the property to the east. The applications propose to plat and zone the site of Overland Hills Baptist Church to allow for an addition to the church. City Council approved the Overland Hills Point Preliminary Plat in October In December 2017, City Council approved the Preliminary Plat for Bitting Nye. ATTACHMENTS: RES. #R /29/17 Planning Commission Staff Report 11/29/17 Planning Commission minutes

2 RESOLUTION NO. R BE IT RESOLVED by the Mayor and City Council of the City of Papillion that the Bitting Nye Final Plat for the property legally described as Tax Lot 3 located in the NE 1/4 of the NW 1/4 of Section 34, T14N, R12E of the 6 th P.M. of Sarpy County, generally located at S 90 th Street, is hereby approved contingent upon City Council approval of: Bitting Nye Change of Zone, ORD. #1795 Bitting Nye Subdivision Agreement, RES. #R PASSED AND APPROVED THIS DAY OF, CITY OF PAPILLION, NEBRASKA Attest: David P. Black, Mayor Nicole L. Brown, City Clerk (SEAL)

3 CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT NOVEMBER 29, 2017 AGENDA BITTING - NYE PRELIMINARY PLAT, FINAL PLAT & CHANGE OF ZONE PP ; FP ; CZ I. GENERAL INFORMATION A. APPLICANT: City of Papillion 122 E 3 rd Street Papillion, NE B. PROPERTY OWNER: Amanda Nye (FKA: Amanda Bitting) S 90 th Street Papillion, NE C. LOCATION: S 90 th Street D. LEGAL DESCRIPTION: Tax Lot 3 of Section 34, T14N, R12E of the 6 th P.M. of Sarpy County E. REQUESTED ACTION: Approval of a Preliminary Plat, Final Plat, and Change of Zone from Agricultural (AG) to Single-Family Residential Low Density (R-1) F. EXISTING ZONING AND LAND USE: Agricultural (AG), Single-Family Residential G. SIZE OF SITE: 2 acres II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Future Land Use map identifies the area as Low-Density Residential. B. EXISTING CONDITION OF SITE: The application area is developed as a single-family residence. C. GENERAL VICINITY AND LAND USE: The area to the north is zoned Single-Family Residential Low Density (R-1) and developed as single-family residential. The area to the east is zoned Agricultural (AG) and Multiple-Family Residential (R-4) and Single- Family Residential Low Density (R-1) and developed as Overland Hills

4 2 Baptist Church and Trumble Park Elementary School, respectively. The areas to the west and south are zoned Single-Family Residential Medium Density (R-2) and is developed as single-family residential. D. RELEVANT CASE HISTORY: In July and August 2017, the property owner submitted permits related to the remodel of the property. The permits included replacement of the then existing foundation, which had partially collapsed. As part of the building permit review process, the need to plat and zone the property was identified. In August 2017, the Planning Commission considered the Overland Hills Point Preliminary Plat, Final Plat, and Change of Zone applications for the property to the east. The applications propose to plat and zone the site of Overland Hills Baptist Church to allow for an addition to the church. City Council approved the Overland Hills Point Preliminary Plat in October E. APPLICABLE ORDINANCES AND REGULATIONS: Zoning and Subdivision Regulations and Comprehensive Plan. III. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. This is a request for a Preliminary Plat, Final Plat, and Change of Zone from Agricultural (AG) to Single-Family Residential Low Density (R-1). 2. The site is already developed with a single-family residence. The applicant is proposing to add an addition to the existing building. Given that the addition will require the property owner to connect to the City s sanitary sewer system, approvals related to zoning and platting are required at this time. B. LAND USE/COMPREHENSIVE PLAN: 1. The proposed zoning is consistent with the designated future land use of Low-Density Residential. It is also consistent with the zoning of the surrounding lots, which are primarily zoned residential. C. TRAFFIC AND ACCESS: 1. The preliminary plat includes dedication of right-of-way for 90 th Street and Chisholm Trail. Both streets are located on a section line abutting the property. As such, state law reserves that 33 along each side of the section line for public streets of right-of-way on the west side of the section line will be dedicated for 90 th Street to be consistent with the right-of-way dedicated by the properties to the south and the future improvement of 90 th Street to three lanes. November 29, 2017 Planning Commission PP /FP /CZ

5 3 3. The applicant has agreed to remove the existing driveway connection to 90 th Street and replace it with a driveway connection to Chisholm Trail. Given that 90 th Street is a collector and the driveway is offset from the Overland Hills Baptist Church driveway location, direct driveway access is not desirable as it adds turning movement conflicts. Chisholm Trail is a safer and more desirable driveway location because it is a local street designed for driveway connections. Removal of the existing driveway and construction of the new driveway will be the responsibility of the applicant. D. WATER/SANITARY SEWER: 1. The property is currently served by City water. 2. Bitting Nye will connect to the City of Papillion s sewer system. The development is within the City Connection Outfall Service Area. At the time of the building permit application, the property was served by an on-site septic system. As part of the building permit application, the applicant proposed an addition to the existing single-family residence that would exceed the capacity of the existing septic system. Given that the property is within reasonable distance of the City s sanitary sewer system, expansion of the capacity of the septic systems was not permitted and connection to the City s sanitary sewer system was required. E. GENERAL: 1. The applicant will be required to enter into a subdivision agreement. The subdivision agreement will address connection to the City s sanitary sewer systems and relieve the applicant of any cost sharing for future improvements to 90 th Street. IV. RECOMMENDATION The Planning Department recommends approval of the Bitting Nye Preliminary Plat (PP ), Final Plat (FP ), and Change of Zone (CZ ) based on: 1. Consistency with the Comprehensive Plan. 2. Compatibility with surrounding uses. 3. Compliance with the Subdivision Regulations. 4. Compliance with the Zoning Regulations. The recommendation for approval is contingent upon the applicant: 1. Agreeing to enter into a Subdivision Agreement per Section III, E, 1. V. COPIES OF REPORT TO: Applicant Public upon request VI. ATTACHMENTS: Preliminary Plat Application Preliminary Plat Change of Zone Application November 29, 2017 Planning Commission PP /FP /CZ

6 4 Final Plat Application Final Plat Aerial Report prepared by: Michelle Romeo, City Planner Derek Goff, Staff Engineer November 29, 2017 Planning Commission PP /FP /CZ

7 PRELIMINARY PLAT APPLICATION The following items must be submitted with the application for consideration: 1. Five full sized, folded Preliminary Plat drawings for initial review that meet the criteria of C; 2. Preliminary Plat checklist attached to application form; 3. Three full sized, folded: grading plans, utility plans, Post Construction Stormwater Management Plans, street profiles, and other sheets as may be applicable; 4. PDF files for all exhibits submitted; 5. A CAD file of the Preliminary Plat and any supplemental exhibits (as requested by the City Engineer); 6. Title Company certified property owners list, and two sets of mailing labels, within 300 of request; 7. Application fee ($800, plus $10 per lot); 8. A list with contact information for applicant consultants not listed in the application such as the surveyor, attorney, etc.; and 9. Source and Use of Funds with supporting documentation. The following information must be provided for the application to be considered complete: APPLICANT INFORMATION: Name: _The City of Papillion _jefft@papillion.org Address: 122 E. 3 rd Street City/State/Zip: Papillion, NE Phone Number: _ Fax Number: PROPERTY OWNER INFORMATION: (Attach a separate sheet if there are multiple properties.) Name: Amanda Nye Address: _11204 S. 90 th St City/State/Zip: Papillion, NE Phone Number: Fax Number: ENGINEER INFORMATION: Name: Jim Warner, TD2 _jwarner@td2co.com Address: _10836 Old Mill Rd. City/State/Zip: Omaha, NE Phone Number: Fax Number:

8 PLAT INFORMATION: (Attach a separate sheet if needed.) Plat Name: _Bitting-Nye SID #: N/A_ General Location: _11204 S 90 th St Legal Description: Tax Lot 3 located in the NE 1/4 of the NW 1/4 of Section 34, T14N, R12E of the 6 th P.M., Sarpy County, NE. Section: 26 Township: 14 Range: 12 DEVELOPMENT DETAIL*: Zoning Acres # of Lots # of Units Use Type** R Residential * A change of zone application must be filed for any change in zoning. **Single Family Residential, Townhomes, Multi-Family Residential, Commercial, Industrial, or Other Gross Acres: 2 Anticipated Total Taxable Valuation: Land: Improvements: Please note the following procedures: 1. The Planning Commission will hold a public hearing and make a recommendation to the City Council. 2. City Council will hold a public hearing and make a final decision on the preliminary plat. 3. All necessary agreements will be recorded with the Sarpy County Register of Deeds, the cost of which will be borne by the preliminary plat applicant or property owner. 4. The conditional approval of the preliminary plat shall be effective for a period of one year unless an extension is granted. Extension requests must be made in writing and will require additional application fees. 5. Please see the Planning Department s fee policy regarding revision/resubmittal fees. I, the undersigned, understand a sign will be posted on my property and will remain until the public hearing process at Planning Commission and City Council is complete. I further understand the plat process as stated above and I authorize City Staff to enter the property for inspection related to the specific request during this process. Owner Signature (or authorized agent) Date

9 PRELIMINARY PLAT CHECKLIST The following information is required with the submittal under C: Name, location, acreage, owner and designer of subdivision. Present Zoning. Date, north point and Graphic scale (1 =100 ). Streets, street names, lots, setback lines, lot numbers and other similar information. Location of property lines, roads, existing utilities with size of lines and other underground installation and easements. Name of adjoining properties or subdivisions. Proposed utility system (type, capacity and the location of major transmission lines and treatment plants). Names of new streets. Dimensions, lot lines and building setbacks. Location of proposed culverts, retention ponds and other drainage provisions including floodplain information. Contours at five-foot intervals at a scale of Proposed improvements and grading concepts. Location of existing buildings. Proposed easements, dedications and reservations of land required shall be provided. Location of existing trees. Clumps of numerous trees may be identified as a tree group. A Post Construction Stormwater Management Plan is required per for any preliminary plat that creates 5,000 SF or more of impervious coverage. The following information must be distributed: Copies of the completed application form and one copy of the preliminary plat and grading plans have been sent to the following agencies by the applicant (REQUIRED): o Papio-Missouri NRD, 8901 South 154 th Street, Suite #1, Omaha Nebraska o Department of Environmental Quality, Post Office Box 98922, Lincoln, Nebraska, o Natural Resources Conservation Service, 8901 South 154 th Street, Suite #4, Omaha, Nebraska o Nebraska Department of Roads and Sarpy County Public Works (depending on proximity to a state/county road facility).

10 BITTING - NYE LOT 1 PROJECT SITE thompson, dreessen & dorner, inc Old Mill Rd Omaha, NE p f td2co.com V I C I N I T Y M A P BITTING - NYE LOT 1 0' 20' 40' LOT 1 Know what's below. Callbeforeyou dig. Revision Dates No. Description MM-DD-YY Job No.: A P Drawn By: RJR Reviewed By: JDW Date: OCTOBER 13, 2017 Papillion Book: 3 Pages: 1 & 2 CITY OF PAPILLION PRELIMINARY PLAT Sheet Number SHEET 1 OF 1

11 CHANGE OF ZONE APPLICATION The following items must be submitted for consideration: 1. Five folded site plan drawings including; a. Legal description of the property with site layout (1 =20 ); b. Metes and bounds description with lot size; c. Floodplain/floodway boundaries; d. Existing easements; e. Relation to City Limits; f. Elevations or other supporting materials. 2. Description of operating characteristics and reason for request; 3. Written description of use or occupancy of building(s); 4. PDF files for all exhibits submitted; 5. Title Company certified property owners list, and two sets of mailing labels, within 300 of request (unless the application is submitted with a Preliminary Plat application); 6. Application fee (See Master Fee Schedule Fee is variable depending on requested zone and parcel size); and 7. A list with contact information for applicant consultants not listed in the application such as the surveyor, engineer, attorney, etc. The following information must be provided for the application to be considered complete: APPLICANT INFORMATION: Name: _The City of Papillion _jefft@papillion.org Address: 122 E. 3 rd Street City/State/Zip: Papillion, NE Phone Number: _ Fax Number: PROPERTY OWNER INFORMATION: (Attach a separate sheet if there are multiple properties.) Name: Amanda Nye Address: _11204 S. 90 th St City/State/Zip: Papillion, NE Phone Number: Fax Number: PROPERTY INFORMATION: (Attach a separate sheet if needed.) General Location: S 90 th St Acres: 2 Legal Description: Tax Lot 3 located in the NE 1/4 of the NW 1/4 of Section 34, T14N, R12E of the 6 th P.M., Sarpy County, NE. Current Zoning: AG Requested Zoning: R-1

12 Source of Services: Water: City of Papillion Sewer: City of Papillion Please note the following procedures: Gas: _Black Hills Energy School: Papillion-La Vista 1. The Planning Commission will hold a public hearing and make a recommendation to the City Council. 2. The City will prepare the ordinance for consideration by the City Council. 3. The ordinance will have three readings at City Council, the second of which will be a public hearing. Any request to waive the three separate readings must be made in writing with the initial Change of Zone Application. 4. If a Mixed Use Agreement is required, the agreement will be recorded with the Sarpy County Register of Deeds, the cost of which will be borne by the final plat applicant or property owner. 5. Please see the Planning Department s fee policy regarding revision/resubmittal fees. I, the undersigned, understand a sign will be posted on my property and will remain until the public hearing process at Planning Commission and City Council is complete. I further understand the rezoning process as stated above and I authorize City Staff to enter the property for inspection related to the specific request during this process. Owner Signature (or authorized agent) Date

13 BITTING - NYE LOT 1 BEING A PLATTING OF TAX LOT 3, LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 34, T14N, R12E OF THE 6th P.M., SARPY COUNTY, NEBRASKA. ACKNOWLEDGEMENT OF NOTARY SURVEYOR'S CERTIFICATE thompson, dreessen & dorner, inc Old Mill Rd Omaha, NE p f td2co.com REVIEW BY THE SARPY COUNTY PUBLIC WORKS SARPY COUNTY TREASURER'S CERTIFICATE N O T E S APPROVAL BY PAPILLION CITY PLANNING COMMISSION APPROVAL BY PAPILLION CITY ENGINEER DEDICATION BITTING - NYE LOT 1 APPROVAL OF PAPILLION CITY COUNCIL 0' 25' 50' Revision Dates LOT 1 80,088 SQUARE FEET OR ACRES No. Description MM-DD-YY Job No.: A A Drawn By: RJR Reviewed By: JDW Date: OCTOBER 13, 2017 Papillion Book: 37 Pages: 1 & 2 Sheet Title CITY OF PAPILLION FINAL PLAT Sheet Number SHEET 1 OF 1

14 FINAL PLAT APPLICATION The following items must be submitted with the application for consideration: 1. Five full sized, folded final plat drawings that meet the criteria of C; 2. Final Plat checklist; 3. Application fee ($500, plus $10 per lot); 4. PDF files for all exhibits submitted; 5. A CAD file of the Final Plat and any supplemental exhibits (as requested by the City Engineer); 6. A list with contact information for applicant consultants not listed in the application such as the surveyor, attorney, etc.; 7. Source and Use of Funds with supporting documentation; and 8. A minimum of three Mylars and a digital copy of the plat shall be required upon City Council approval of the Final Plat. The following information must be provided for the application to be considered complete: APPLICANT INFORMATION: Name: _The City of Papillion _jefft@papillion.org Address: 122 E. 3 rd Street City/State/Zip: Papillion, NE Phone Number: _ Fax Number: PROPERTY OWNER INFORMATION: (Attach a separate sheet if there are multiple properties.) Name: Amanda Nye Address: _11204 S. 90 th St City/State/Zip: Papillion, NE Phone Number: Fax Number: ENGINEER INFORMATION: Name: Jim Warner, TD2 _jwarner@td2co.com Address: _10836 Old Mill Rd. City/State/Zip: Omaha, NE Phone Number: Fax Number:

15 PLAT INFORMATION: (Attach a separate sheet if needed.) Plat Name: _Bitting-Nye SID #: N/A_ General Location: _11204 S 90 th St Legal Description: Tax Lot 3 located in the NE 1/4 of the NW 1/4 of Section 34, T14N, R12E of the 6 th P.M., Sarpy County, NE. Section: 26 Township: 14 Range: 12 DEVELOPMENT DETAIL*: Zoning Acres # of Lots # of Units Use Type** R Residential * A change of zone application must be filed for any change in zoning. **Single Family Residential, Townhomes, Multi-Family Residential, Commercial, Industrial, or Other Gross Acres: 2 Anticipated Total Taxable Valuation: Land: Improvements: Please note the following procedures: 1. The Planning Commission will make a recommendation to the City Council. 2. City Council will make a final decision on the final plat. 3. If applicable, a subdivision agreement and a water and sewer connection agreement must be completed prior to City Council action on the final plat. 4. The City will prepare the subdivision agreement and water and sewer connection agreement. 5. The subdivision agreement, other necessary agreements, and any applicable easement dedications and/or vacations will be recorded with the Sarpy County Register of Deeds. The cost of which will be borne by the final plat applicant or property owner. 6. Please see the Planning Department s fee policy regarding revision/resubmittal fees. I, the undersigned, understand the final plat process as stated above and I authorize City Staff to enter the property for inspection related to the specific request during this process. Owner Signature (or authorized agent) Date

16 FINAL PLAT CHECKLIST The following information is required with the submittal under C: Date, title name and location of subdivision. Streets, street names, lots, setback lines, lot numbers and other similar information. Graphic scale and true north point. Survey monuments. Dimensions, angles, bearings and complete legal description of the property. Location, dimensions and purpose of any easements. Purpose for which sites are dedicated or reserved. Certification by surveyor or engineer certifying to the accuracy of survey and plat. Certification signed and acknowledged by all parties holding title or having any title interest in the lad subdivided and consenting to the preparation and recording of the plat as submitted. Certification of approval by the Planning Commission, City Engineer and City Council. The following may be required: Subdivision agreements and sewer and water connection agreements (to be drafted by City staff) Protective covenants if any in form for recording (to be drafted by developer).

17 Shawnee Rd S 90th St Macarthur Dr Pinto Cir Timber Dr Knapp Dr Locust Ave S Fillmore St S Taylor St Frontier Dr S Polk St S Harrison St S Harrison St Prospect Dr Pierce St Corral St Colt Cir Sherman St Sherman St W Sherman St Overland Trl Sherman Cir Sherman St Laramie Cir Buckboard Blvd Chisholm Trl Cimarron St Cody Cir W Perry St Laredo Cir Crest Cir Cumberland Ct Lariat Cir Horseshoe Cir Crest Rd Crest Rd Gruenther St Conestoga Rd Area of Application Woodland Ave Valley Rd Shawnee Rd Rawhide Rd Palomino Cir Devon Dr Berkley Cir Apache Cir Berkley Ave Devon Dr Bitting - Nye PP ; CZ ; FP

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