SARPY COUNTY PLANNING COMMISSION MINUTES OF MEETING. June 19, 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: Jerry Torczon, Mike Sotak, Michael George, Doug Whitfield, Tom Ackley, Charly Huddleston, Marty Giff, Deanna Korth, Gayle Malmquist and Pat Lichter. Absent: Jan Davis. 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, John Reisz, Deputy County Attorney, and Dennis Wilson, Sarpy County Engineer. ll. CONSENT AGENDA 1. Approval of Minutes from the April 17, 2018 meeting. MOTION: Lichter moved, seconded by Korth, to approve the Consent Agenda as submitted. Ballot: Ayes Torczon, George, Whitfield, Ackley, Huddleston, Korth, Malmquist, and Lichter. Nays: None. Abstain: Sotak and Giff. Absent: Davis. Motion carried. lll. REGULAR AGENDA 1. PUBLIC HEARING AND RECOMMENDATION: Tabled from the April 17, 2018 meeting. Sarpy County Planning Department requests approval of text amendments to the following section of the Sarpy County Subdivision Regulations: Section 12 Standards for Construction Plans and Specifications. Bruce Fountain, Planning Director, stated that staff is recommending text amendments to the Sarpy County Subdivision Regulations in order to update Section 12, Standards for Construction Plans and Specifications. The recommended changes are to clarify the requirements regarding water supply improvements within a subdivision. Mr. Fountain said it is being recommended that the following language regarding Water Supply Improvements be amended in the Subdivision Regulations, Section as follows: Water Mains: The subdivision shall be provided with an adequate water main supply system. The location of fire hydrants shall be shown on the water utility plan.

2 12.10 Water Mains: Where a subdivision is installing a potable water distribution system which is part of a community water system as defined by the Nebraska Department of Health and Human Services, such system shall include, if required by Sarpy County, distribution mains, valves and hydrants that are under the ownership and or legal control of the water system owner. Mr. Fountain noted that a redlined copy of the entire the Subdivision Regulations document showing this change (Attachment A ) was provided to the board for review. Chairman Ackley opened the Public Hearing on this request at 7:06 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 7:06 p.m. MOTION: Malmquist moved, seconded by Torczon, to recommend APPROVAL of the text amendments to the Sarpy County Subdivision Regulations as shown in Attachment A. Ballot: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: None. Absent: Davis. Motion carried. 2. PUBLIC HEARING AND RECOMMENDATION: Tabled from the April 17, 2018 meeting. Applicant is requesting this item be tabled to. River Oaks Development LLC has submitted applications for consideration of a Revised Preliminary Plat for River Oaks, Lots and Outlots O R, and a Final Plat (Phase 3) of a subdivision to be known as River Oaks, Lots and Outlots O and P inclusive, for a tract of land being part of Tax Lot 1, a Tax Lot located in part of the NW1/4 of the NE1/4 and also part of the SW1/4 of the NE1/4, and also part of the NW1/4 of the SE1/4 of Section 17, all located in Township 14 North, Range 11 East, of the 6 th P.M., Sarpy County, NE. Generally located south of 186 th and Harrison Streets. MOTION: Lichter moved, seconded by Malmquist, to TABLE this item to the July 17, 2018 meeting. Ballot: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: None. Absent: Davis. Motion carried. 3. PUBLIC HEARING AND RECOMMENDATION: Derrick Reinhart, representing Dogtopia, has submitted an application for a Special Use Permit in a BG Zoning District, to allow 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. General location: Southwest of 189 th and Harrison Streets. Donna Lynam, Assistant Planning Director, presented this application as stated in the Planning Department s Recommendation Report. The applicant is requesting a Special Use Permit to allow for an outdoor play area for use during daytime hours in conjunction with a dog daycare, boarding and grooming facility in the BG General Business Zoning District. Ms. Lynam reported the staff s general comments on this application: The Operational Plan states that the facility will provide daycare, overnight boarding, and grooming services. The applicant states that they will be licensed for 100 to 150 dogs for daycare and 100 dogs for overnight boarding, although they expect a daily average of 60 dogs for daycare and/or boarding with the holidays having the increased numbers. The proposed outdoor play area will be 25 x 80 and fully enclosed by an 8 foot vinyl fence. The hours of outside playtime will be Monday through Friday 8 am to 6 pm and Saturday and Sunday 10 am to 5 pm. The outdoor play area will be constructed with a high quality turf installed 1 to 2 inches above grade to allow for airflow and drainage. This type of carpet like turf assists with absorbing sound.

3 Noise should never be an issue, as the dogs will be supervised when outdoors. If they are barking too much, they will be brought inside to the indoor play area. The facility will be inspected and licensed by the Department of Agricultural Bureau of Animal Industry. A copy of the license shall be provided to the Sarpy County Planning Department for the record. Ms. Lynam said the Planning Department recommends approval of a Special Use Permit to allow a dog daycare facility with overnight boarding and outdoor play area in a General Business Zoning District located at Edna Street as specifically described in the Operational Plan and the Planning Department s Recommendation Report 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. Chairman Ackley opened the Public Hearing on this request at 7:12 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 7:12 p.m. MOTION: Whitfield moved, seconded by Giff, to recommend APPROVAL of a Special Use Permit to allow a dog daycare facility with overnight boarding and outdoor play area in a General Business Zoning District located at Edna Street as specifically described in the Operational Plan 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. This recommendation is being made as the Special Use Permit is in conformance with the Sarpy County Zoning Regulations. Ballot: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: None. Absent: Davis. Motion carried. 4. PUBLIC HEARING AND RECOMMENDATION: Angus Burgers & Shakes of Gretna, LLC has submitted an application for a Special Use Permit to allow a sidewalk café with outdoor alcohol sales in a BG Zoning District, at S 168 th Avenue, legally described as Lot 2, Tiburon Point, as surveyed, platted and recorded in Sarpy County, NE. General location: Southwest of 168 th Street and Cheyenne Road. Donna Lynam, Assistant Planning Director, presented this application as described in the Planning Department s Recommendation Report. The applicant is requesting a Special Use Permit to allow a sidewalk café or restaurant with outdoor alcohol sales area in the BG General Business Zoning District. Ms. Lynam reported the staff s general comments on this application: Angus Burgers and Shakes of Gretna will be a family restaurant serving food and drinks. Hours of operation will be Monday through Friday from 11:00 am to 10:00 pm and Saturday and Sunday 10:00 am to 10:00 pm. Proposed patio seating area approximately 20 x 25 will be fenced with rod iron fencing meeting requirement of the Nebraska State Liquor laws. There will be no live music on the patio, but there will be two speakers set to a very low volume. Applicant has applied to the State of Nebraska for a liquor license and will submit for an amendment to the license if this Special Use Permit is approved to allow for the outdoor alcohol sales. Ms. Lynam said the Planning Department recommends approval of the Special Use Permit to allow for a sidewalk café or restaurant having an outdoor seating area where alcohol will be

4 served and or consumed in the BG (General Business) Zoning District pursuant to the Recommendation Report and Operational Plan submitted by the applicant, as the request is consistent with the Sarpy County Zoning Regulations. Chairman Ackley opened the Public Hearing on this request at 7:15 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 7:15 p.m. MOTION: Lichter moved, seconded by Sotak, to recommend APPROVAL of a Special Use Permit to allow for a sidewalk café or restaurant with outdoor alcohol sales in the BG (General Business) Zoning District pursuant to the Planning Department s Recommendation Report and the Operational Plan submitted with the application, as the request is consistent with the Sarpy County Zoning Regulations. Ballot: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: None. Absent: Davis. Motion carried. 5. PUBLIC HEARING AND RECOMMENDATION: Geoff McGregor, representing Lockbox Storage, has submitted an application for a Special Use Permit in the BG Zoning District, to allow ministorage on a property legally described as Lot 95 exc Hwy ROW, Lake Ridge Estates, as surveyed, platted and recorded, Sarpy County, NE. General location: Northeast corner of 168 th Street and Highway 370. Chairman Ackley noted that the commissioners received one additional item of correspondence, a follow-up from Geoff McGregor with the correspondence he sent out to the surrounding homeowners. Donna Lynam, Assistant Planning Director, presented this application as stated in the Planning Department s Recommendation Report. The applicant is requesting a Special Use Permit to allow a mini-storage facility in the BG General Business Zoning District. Ms. Lynam reported the staff s general comments on this application: The facility will provide a total of 85,900 square feet of indoor mini storage of which 10,500 square feet will be climate controlled. The site will have increased landscaping adjacent to the Lake Ridge Estates neighborhood. 24 hour surveillance cameras will be installed along with low profile wall pack lighting Structures will be constructed with high quality architectural design and materials. Proposed building materials include: o North facing walls will have lap siding with Split-Face CMU base and piers to complement the adjacent houses. o South, East, and West end caps will have split face CMU base and piers with smooth CMU at the wall field. o Sidewalls facing the interior of the site will have standard ribbed wall panels. o Corners and accent bands will be split face concrete masonry. o All buildings will have prefinished colored metal roofing. Perimeter will be enclosed with Press Point Fencing. Proposed landscaping will include: o 68-2 caliper, balled and burlap, trees of 7 different species. This will include forty-five pines and twenty-three deciduous trees. o 154 three gallon container bushes of three different species o 80,000 square feet of sod o o All landscaping will be irrigated Existing trees along drainage area between the subject property and the Lake Ridge Estates neighborhood will remain

5 Office hours Monday - Saturday from 9 am to 5 pm, closed on Sunday. Gate Hours 7 days a week from 6 am to 10 pm. Access to the site will be controlled from one point of entry at 168 th Street. Sarpy County Public Works has provided comments stating that the access will be limited to right-in, right-out due to recently adopted polices in the Comprehensive Plan and the offset with Oakmont Drive to the west. Storm water drainage will be controlled on site per Sarpy County Regulations. Ms. Lynam said staff requested and received a detailed operational plan that included all of the above comments along with the following two items that staff felt should be incorporated into the Special Use Permit: o Outside storage will be prohibited o Dumpster location and proposed enclosure Ms. Lynam noted that the on-site dumpster location is proposed along the south property line incorporated into a recessed retaining wall. Ms. Lynam said the Planning Department recommends approval of this Special Use Permit application to allow for a mini storage facility in the BG Zoning District with comments as noted in the Planning Department s Recommendation Report, as this request is in compliance with the Sarpy County Comprehensive Plan and Zoning Regulations. Geoff McGregor, applicant, Stone Gate Circle, appeared in support of this application. Mr. McGregor reported that a meeting was held on April 24 at Tiburon Golf Course to present and discuss the project with the neighbors. He felt everyone understood that the site was going to eventually be developed for commercial and liked the idea that this is a low intensity use, averaging about 10 cars per day. The neighbors asked for a bit more landscaping along the north property line and wanted the property irrigated, and those changes were made to the plans prior to the submittal of the Special Use Permit application. Mr. McGregor said current code requires 13 trees and 39 shrubs to be along this north elevation; 33 trees and 51 shrubs are proposed. Mr. McGregor said they are in approval with staff comments that there be no outside storage, however, are concerned with the recommendation of restricted access on 168 th Street. In 2011, there was a condemnation along the south side of the property by the State of Nebraska whereby some ground was taken from the property owner First National Bank. Mr. McGregor said when they placed this property under contract, they believed that the condemnation document provided for full access to this property from 168 th Street. However, The County Attorney is saying that the document does not grant a full access, but is saying that the State of Nebraska would not oppose a full access. Mr. McGregor said they feel there is a discrepancy in the interpretation of that document, but are asking that full access to 168 th Street be allowed for this project, keeping in mind this lot has been sitting vacant for quite some time, and that their project provides the lowest intensity use that could be on this site. Bruce Fountain, Planning Director, noted that the County s policy adopted in the Comprehensive Plan, states that full access would be limited to the qtr mile. This is a horrible intersection, and staff does not feel that access should go beyond right in, right-out at this location, which was pointed out at early pre-application meetings on this project. Nicole Spitzenberger,Deputy County Attorney, addressing the legal document referred to by Mr. McGregor, stated that the document is from a 2010 condemnation action between First National Bank and the State of Nebraska. The County was not a party to the agreement. The pertinent language is on number 5, and it says that the State has no objection to a full movement access so long as it is outside of their new controlled access area (along Highway 370). However, Ms. Spitzenberger said The State of Nebraska has no jurisdiction to approve or deny an access 500

6 feet from the Highway 370 intersection on a County road, therefore in her legal opinion, this document does not bind the County to provide access. Denny Wilson, Sarpy County Engineer, said there are traffic issues with this entire section of 168 th Street. The traffic, at 14,000 vehicles a day, is extremely high for a road of this type. The addition of a second left turn lane has helped immensely, but this would be one of the worse locations to put in a left turn access. Mr. Wilson stated that 168 th Street will eventually be seven lanes of traffic, so he does not see where they can allow full access. Chairman Ackley opened the Public Hearing on this request at 7:39 p.m. Ken Tamblen, Chairman of SID at Lake Ridge Estates, SID 176, pointed out the location of the sewage lift station located just to the north of the AT&T communications building. This lift station not only pumps sewage for Lake Ridge Estates, but also pumps sewage for Tiburon South, Pebblebrooke, and Tiburon Ridge and they want to be sure that there are no entrances whereby that station could be damaged. Mr. Tamblen further pointed out there is a main drainage ditch located between the existing trees adjacent to the neighborhood and the proposed trees on this property that collects rainwater from the north and carries it under Highway 370 and over to Werrspann Lake. Doug Groebner, S 79 th Street, appeared on behalf of First National Bank, the current owner of the property, and spoke in support of the plan. Tracy Dice, S 167 th Street, resident of Lake Ridge Estates, said she would prefer the proposed storage facility on the property rather than a multi-use or multi-family use, and believes the applicant has done a good job of landscaping it and making sure the exterior of the buildings match the home covenants. However, she is concerned with the traffic flow on 168 th Street and supports the recommendation for right-in, right-out only onto 168 th Street at least during peak traffic hours. Geoff McGregor addressed the SID s concerns. He said the access to their development will be paved and located within a fence, so traffic entering their property will be controlled and should not create any damage to the lift station. Additionally, their PCSMP basin is located in this area to the north of their access road, which creates another barrier to the pump station, and will retain the water from their property per the requirements of the County. Mr. McGregor asked if the County would be open to allowing full access onto 168 th Street, with some kind of signage that restricted left-in, left-out access from 7-9, 4-6 p.m. during the weekday. Denny Wilson, Sarpy County Engineer, said his office is open to talk with the applicant on this issue, but at this point does not see an option working, since 168 th Street is planned to be improved with seven lanes across and the State of Nebraska Department of Transportation has in their 15-year plan to put additional lanes on both the north and south side of Highway 370 as well. With no one else coming forward, Chairman Ackley closed the Public Hearing at 7:50 p.m. MOTION: Sotak moved, seconded by Torczon, to recommend APPROVAL of a Special Use Permit to allow for a mini storage facility in the BG Zoning District with the Planning Department s comments as noted in the Recommendation Report and that access to the site will be controlled from one point of entry along 168 th Street and is limited to right-in and rightout only. This recommendation is being made as this request is in compliance with the Sarpy County Comprehensive Plan and Zoning Regulations. Ballot: Ayes Torczon, Sotak,

7 George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: None. Absent: Davis. Motion carried. 6. PUBLIC HEARING AND RECOMMENDATION: SAHA LLC has submitted an application for an Amendment to a Special Use Permit in the AG Zoning District, to allow a Commercial Recreational Area (Haunted Attraction known as Scary Acres) at Giles Road, legally described as Part of Tax Lot 6 west of Tiburon Creek except road, in Sec 16, Twp 14N, Rng 11E of the 6 th P.M., Sarpy County, NE. General location: Northwest of 168 th Street and Giles Road. Chairman Ackley noted that the board received an additional correspondence from Shannon Greenway. Donna Lynam, Assistant Planning Director, presented this request as described in the Planning Department s Recommendation Report: The Comprehensive Plan designates the area as low to medium density residential. The site has operated as Scary Acres offering several different types of attractions since Sarpy County approved the first Special Use Permit for Scary Acres in March 2002 and amendments in June 2006, February 2008, and September The applicant is requesting an amended SUP changing the name on the permit, extending the permit for a period of ten years to November 2029, and adding approval to host other events throughout the year not to exceed a total of 30 days with prior notification to Sarpy County. The history of the operation started in 2002 with the approval of the first SUP to DCL Enterprises. The SUP was amended in 2006 allowing for the installation of two additional buildings. The Special Use Permit was amended again in early 2008 allowing four additional weekends for a Renaissance Festival and a Pirate Festival and amended later in 2008 increasing the hours of the operation. The most recent amendment was in 2009 adopting new operational plans, relocation of the corn maze and parking area, and extending the duration of the permit to November of The applicant, now SAHA LLC has submitted a new operational plan requesting the following: o Duration of permit for 10 years, extending it to November of o The property is operated as a haunted attraction as it has been in the past from the third Friday in September through October 31 of each year, except when October 31 st falls on a Thursday or Friday in which the closing date would then be November 2 nd. o Hours of operation remains the same: Sunday through Thursday, gates open at 6:30pm, ticket sales start at 7pm, ticket sales end at 10pm, closing of all attractions at 10:30 pm and all patrons off the property by 11:00 pm. Friday and Saturday, gates open at 6:30pm, ticket sales start at 7pm, ticket sales end at 12 am, closing of all attractions at 12:30 am and all patrons off the property by 1:00 am. (Haunted Forest Attraction will close at 12 am) o Structures and Haunted attractions remain the same and include: House on the Hill Master s Castle Attraction Haunted Woods Attraction Funnel Cake Booth Concession Booth T-Shirt Booth Ticket Booth/Office Prop Room (staff dressing room) Storage Containers (tools and supplies)

8 Quonset (tool room) o Sound effects used shall not exceed 50 decibels after 10 pm, measured from the property line. (Planning staff has provided a list of items and their decibel levels for information purposes) o No alcohol will be served on the property during the operation as a haunted attraction. o Security provided at all times by off duty police officers as well as other security. o Closed circuit cameras are located throughout the premises, no one will enter or exit the premise without being seen and recorded by cameras. o 100% reimbursement to Sarpy County cost participation for dust control suppressant on Giles Road In addition to the haunted attraction, applicant is requesting: o Maximum of additional 30 days per year to operate for various events including the Renaissance Faire, with all events under the control and operation of the applicant. o Such additional events shall operate between the hours of 9 am to 9 pm and security shall commensurate with the type of event and the number in attendance. o Additional events may allow for overnight camping on the premises the night before and or the morning following an event. o Prior Notice Procedure - SAHA LLC will provide a written operational plan for such event to the Planning Director containing a short narrative of the event that is to occur including the estimated number of people, dates and hours of operation. Planning Director to forward copy to the Public Works Department for review. Planning Director shall review the information to determine if event is consistent with and within the parameters of the Special Use Permit. Planning Director shall notify the SUP holder of approval, disapproval, or approval with conditions within two weeks of receipt of event notification. o In the event that it is approved with conditions unacceptable to the SUP holder or disapproved, the Planning Director and the SUP holder shall attempt to resolve whatever issues may exist. If the issue is not resolved, the SUP holder shall not hold such event unless an application to amend the SUP is made and approved by the County Board of Commissioners. o If no approval, disapproval, or approval with conditions is received by the SUP holder, said event shall be deemed approved as provided in the written narrative. o Planning Director may require additional dust suppressant on Giles Road with the recommendation of the Public Works Department. Ms. Lynam said staff suggests the following amendments to that submittal: All but two of the structures on this site are located in the Flood Plain with the majority being located in the Floodway, as identified on the Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Association (FEMA). This will require any man made improvements occurring within the designated flood plain to follow the Flood Plain Regulations in the Sarpy County Zoning Regulations and have an approved Flood Plain Development Permit prior to the commencement of any work being done. No new construction will be allowed in the Flood Way in accordance with FEMA regulations. Since the last amendment to the DCL Enterprise SUP for Scary Acres, residential developments such as Southern Pines, Garden Oaks, Palisades West and Hills of Aspen Creek have all developed and are located within a half mile of this site. Existing residential subdivisions within one half mile such as Cedar Hollow, Cedar Ridge, Harrison Woods, Hickory Ridge, Millard Park South, Hillview and Palisades have all filled in over the last 5 years. Additional residential development is in the planning stage for the site directly west and southwest of the subject property. Sarpy County Planning Department has record of complaints filed over the years with regards to this property.

9 The Gretna Fire Department submitted comments and has numerous concerns with the property that they feel can be addressed and corrected. A list of concerns is provided below and the GVFD letter is attached. o False Alarms that tie up resources from both the Fire Department and Sheriff s Office o Alarms are not correctly identified to the correct buildings o Points of access for emergency vehicles are not well maintained o Improved Good access to all structures on site for both fire and medical calls o Water sources o Complaints due to smoke from the fire pits on the property. Staff recommends that the applicant complete a fire safety review with the Gretna Volunteer Fire Department prior to any event on the site to ensure access and clearance for emergency equipment. Staff has questions following their review of the submittal: o What type of sanitary facilities are provided and how are they maintained? o Trash containers? o How many fire pits are used? o How many parking spaces does the venue have? ADA compliant parking spaces? Staff recommends that the fire pits be relocated to an area that is furthest from the residential properties and to an area that would prevent smoke from hanging in the treed area that is used for the haunted forest for safety and health purposes. Staff recommendations on applicant s request for additional 30 days for various events: o Notification must be provided to County at least 60 days in advance of event o Should any event include overnight camping or alcohol, it will need a separate SUP. o SUP holder shall not hold any event until such time as they have received written authorization to do so. Sarpy County Public Works comments are attached for your review. Those comments include the following: o Applicant should cost participate in the maintenance of Giles Road in the vicinity of the parcel during events, including but not limited to dust control Ms. Lynam said the Planning Department recommends APPROVAL of this Special Use Permit application to allow for a Commercial Recreational Area located in an AG Zoning District for use as a haunted attraction from the third Friday in September through October 31 of each year, except when October 31 st falls on a Thursday or Friday in which the closing date would then be November 2 nd and for other events, as approved by the Planning Director, that do not involve overnight camping and alcohol on site for a maximum of 30 days per year with the following stipulations: 1. While the property has been utilized for such events for a number of years, it does not comply with the provisions of the currently adopted Future Land Use Map. Staff recommends that the SUP only be granted for a period of three years due to current development patterns and growth in the area. 2. Any event involving overnight camping or alcohol use must have a separate SUP 3. Notification of any event, other than the haunted attraction must be submitted to Sarpy County Planning Director 60 days prior to event for review and written approval must be granted before event can be held. 4. Fire Safety Review with GVFD must be completed prior to any event. A letter from the GVFD indicating compliance will need to be submitted to the Sarpy County Planning Director prior to any event. 5. Relocation of fire pits to an area more suitable for airflow, as well as further away the Haunted Forest area and from residential areas. 6. Applicant participation in the maintenance of Giles Road and dust suppressant as required by Sarpy County Public Works. 7. All activity occurring in the designated Flood Plain on the property must meet Sarpy County Flood Plain Regulations.

10 Pat Sullivan, Attorney representing the applicant, noted that there is an error in the Operational Plan, and the applicant would like to amend it to read, for use as a haunted attraction from the second Friday in September through October 31 of each year. Mr. Sullivan responded to the staff s questions: There are portable bathrooms on the premises (approximately 20) that get changed out regularly. There are trash containers and dumpsters with Waste Management. There are six (6) fire pits. There are approximately 200 parking stalls and 4 handicapped stalls. Mr. Sullivan reported that the applicant takes decibel meters out to the edge of the property to make sure the noise level is not above 50 decibels. As a reference, he said 40 decibels is a library sound, 50 is a quiet stream, 55 decibels is a percolating coffee machine and a regular conversation is 60 decibels. Mr. Sullivan said the Fire Department has raised some legitimate concerns and the applicant will meet with Gretna Fire Dept. to work out the issues. However, they would rather not move the fire pits as their current location is within the same concentrated area with the other attractions and it is easier for their security staff to monitor all activity if left at their current location. Mr. Sullivan said his client has not heard of any complaints with regard to smoke. He requested that any complaints received by staff come to his client so they can be addressed as opposed to hearing about the complaints at the application stage. Mr. Sullivan reported that the applicant has 18 more years on their lease with the property owner. This attraction has been marketed for over 16 years, and the applicant has every desire to continue and maintain this attraction. There is a lot of capital investment that goes into an attraction such as this, and it would be very difficult and costly to rebuild at a new location. At a minimum, the applicant would like to see this permit renewed to at least Chairman Ackley opened the Public Hearing on this request at 8:27 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 8:27 p.m. Bruce Fountain, Planning Director, said this area is rapidly building out and while we understand the operational concerns staff feels this use is becoming not compatible with development going on around it. The zoning on the property is agricultural and the future land use calls for this area to be a residential land use. Korth said she does not think the board should give the applicant more than three years because the use is not consistent with what we have decided to do as a County. In her opinion, ten years is a long time, but three years gives us a chance to evaluate what has happened in that area. MOTION: Whitfield moved, seconded by Sotak, to recommend APPROVAL of a Special Use Permit to allow for a Commercial Recreational Area located in an AG Zoning District for use as a haunted attraction from the second Friday in September through October 31 of each year, except when October 31 st falls on a Thursday or Friday in which the closing date would then be November 2 nd and for other events, as approved by the Planning Director, that do not involve overnight camping and alcohol on site for a maximum of 30 days per year with the following stipulations: 8. This Special Use Permit granted through November 5, 2025,

11 9. Any event involving overnight camping or alcohol use must have a separate Special Use Permit. 10. Notification of any event, other than the haunted attraction, must be submitted to Sarpy County Planning Director 60 days prior to event for review and written approval must be granted before event can be held. 11. A Fire Safety Review with Gretna Volunteer Fire Department (GVFD) must be completed prior to any event. A letter from the GVFD indicating compliance will need to be submitted to the Sarpy County Planning Director prior to the events. 12. Applicant shall participate in the maintenance of Giles Road and dust suppressant as required by Sarpy County Public Works. 13. All activity occurring in the designated Flood Plain on the property must meet Sarpy County Flood Plain Regulations. This recommendation is being made as this application is in compliance with the Sarpy County Zoning Regulations. AMENDMENT TO MOTION: Korth moved, seconded by Malmquist, to amend Number 4 in the motion as follows: A Fire Safety Review with GVFD must be completed annually, prior to opening of the haunted attraction on the second Friday in September, AND prior to each additional event. A letter from the GVFD indicating compliance will need to be submitted to the Sarpy County Planning Director prior to any event. Ballot: Ayes Torczon, Sotak, George, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: Whitfield. Abstain: None. Absent: Davis. Motion carried. AMENDED MOTION: Whitfield moved, seconded by Sotak, to recommend APPROVAL of a Special Use Permit to allow for a Commercial Recreational Area located in an AG Zoning District for use as a haunted attraction from the second Friday in September through October 31 of each year, except when October 31 st falls on a Thursday or Friday in which the closing date would then be November 2 nd and for other events, as approved by the Planning Director, that do not involve overnight camping and alcohol on site for a maximum of 30 days per year with the following stipulations: 1. This Special Use Permit granted through November 5, 2025, 2. Any event involving overnight camping or alcohol use must have a separate Special Use Permit. 3. Notification of any event, other than the haunted attraction, must be submitted to Sarpy County Planning Director 60 days prior to event for review and written approval must be granted before event can be held. 4. A Fire Safety Review with Gretna Volunteer Fire Department (GVFD) must be completed annually, prior to the opening of the haunted attraction on the second Friday of September, AND prior to each additional event. A letter from the GVFD indicating compliance will need to be submitted to the Sarpy County Planning Director prior to the events. 5. Applicant shall participate in the maintenance of Giles Road and dust suppressant as required by Sarpy County Public Works. 6. All activity occurring in the designated Flood Plain on the property must meet Sarpy County Flood Plain Regulations. This recommendation is being made as this application is in compliance with the Sarpy County Zoning Regulations. Ballot on Amended Motion: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Malmquist, and Lichter. Nays: Giff and Korth. Abstain: None. Absent: Davis. Motion carried. 7. PUBLIC HEARING AND RECOMMENDATION: Alan Hans has submitted an application for a Final Plat of a subdivision to be known as River Ranch, Lots 1 9 and Outlot A, being a platting

12 of Tax Lot T2 in the NW1/4 together with Tax Lot P3A in the SW1/4 of Section 11, Township 12N, Range 11E, also together with Tax Lot 13A in the SE1/4 of Section 10, Township 12N, Range 11E, of the 6 th P.M., Sarpy County, NE. Generally located northwest of Highway 50 and Riha Road. Chairman Ackley noted that the board received additional correspondence concerning this application from Diane Wagner, Jami Kotera and Pat Dowse, Public Works Dept. Bruce Fountain, Planning Director, gave an overview of this application. The Preliminary Plat and Change of Zone from AG to RE2 were approved in December The change of zone would not take effect until a Final Plat is filed with the Register of Deeds. The Preliminary Plat proposes a nine lot subdivision with lots 2-3 acres in size and one outlot all accessed by a new cul-de-sac road coming off Riha Road. A waiver was approved at the time of Preliminary Plat to allow a longer cul-de-sac than normal regulations allow. Mr. Fountain further noted: The development will be served with utilities as follows: Water by common well located on Outlot A and serving all lots. A letter from DHHS has been provided which documents their concurrence that the water system as a non-public system. With this determination by DHHS, fire hydrants are not required for the subdivision. Sanitary sewer by on-site wastewater treatment system located on Outlot A and serving all lots. Again, Title 124, On-Site Wastewater Treatment Systems, regulates the installation and use of a system. Title 124 requires the system to be reviewed and approved by Nebraska Department of Environmental Quality (NDEQ) prior to construction. Documentation has been provided from the NDEQ approving the cluster on-site wastewater treatment system as well as the related injection well (large capacity septic system) see attached letters. Gas by individual propane tanks Electrical power by OPPD Mr. Fountain reported that an addendum to the staff report was ed out this afternoon that was also put on the County s website, ed out to some concerned citizens that staff has had correspondence with, and ed to the County Board. Mr. Fountain explained that after further and more detailed review of a couple of issues related to the Final Plat application for the River Ranch Subdivision, staff has found some items that need to be addressed that were inadvertently overlooked in the original Recommendation Report to the Planning Commission. Those items and a revised Staff Recommendation are outlined below. I. Stormwater Management: A Post Construction Stormwater Management (PCSWM) Plan for the project was submitted by the applicant and routed to the Papio-Missouri Natural Resources District (PMNRD) and the Sarpy County Public Works Department. PMNRD normally reviews these plans for the County and submits comments back to the Planning Department if they have any. If no comments are received within the review timeline, it is assumed there are no comments being made by the PMNRD and that the plan is acceptable. The Planning Department had not received any comments back from the PMNRD at the time of the original Recommendation Report. We contacted the PMNRD staff again by and requested that they take another look at the project and provide comments or a no comments letter. We received a comment letter this afternoon from Amanda Grint, Water Resources Engineer for the PMNRD, and have included it as part of this report. The applicant will still have to submit their PCSWM plan

13 to the Omaha Permix website for further review and permitting as part of the development process. This typically takes place after Final Plat approvals. Planning Commission The Sarpy County Public Works Department has provided comments related to stormwater management, which were provided in the original Recommendation Report. They have requested that additional information be provided regarding the culvert crossing for Riha Circle prior to moving the project forward to the County Board for review. Additional Requirement: The Resolution passed by the County Board approving the Preliminary Plat for this project also required that a hydrologic and hydraulic study of the site be submitted for review with the Final Plat application. The applicant has not submitted this study at this time. II. Highway 50 and Riha Road Intersection: The Resolution passed by the County Board approving the Preliminary Plat for this project required that written documentation from the Nebraska Department of Transportation (NDOT) on the design for intersection improvements at the Highway 50 and Riha Road Intersection be submitted with the Final Plat application. The applicant has not submitted documentation from the NDOT. Based on the language of the Resolution, it is somewhat unclear what that documentation needs to include. Staff will work with the Board to get clarification on this. The applicant has proposed that a provision be included in the subdivision agreement obligating the developer to participate in the costs of any future improvement to the intersection and that the amount of participation should be determined based on the volume of traffic generated by the River Ranch development in relation to the total traffic at the intersection. This proposal was submitted in their application cover letter and is attached for your information. While everyone agrees that improvements to better align this intersection are needed, it will be a costly project. Based on how the County has dealt with other developments throughout the County, staff does not believe this development proposal of nine acreage lots can bear the entire cost of the improvements. This development did not create the issue, and while it will add to the traffic on Riha Road, it will be minimal compared to other developments in the area. Staff believes a fair, equitable solution to improving this intersection needs to investigated, and ultimately, the County Board will have to make a decision on how to proceed on design, timing and cost allocations. III. Revised Staff Recommendation: Staff recommends APPROVAL of the Final Plat of a subdivision to be known as River Ranch (Lots 1-9 and Outlot A inclusive), subject to the comments and conditions contained within the original Recommendation Report as well as the following conditions: a. The applicant shall submit information to the PCSWM Permix Website and the Sarpy County Planning Department to address the comments contained the letter dated June 19, 2018, from Amanda Grint, Water Resources Manager for the PMNRD. b. The applicant shall submit a hydrologic and hydraulic report addressing drainage issues to the satisfaction of the Sarpy County Public Works Department. c. The applicant shall provide additional information regarding the culvert crossing for Riha Circle to the Sarpy County Public Works Department for their review and approval. d. The issues regarding design, cost allocation and timing of improvements to the Riha Road and Highway 50 intersection must be resolved prior to submittal to the County Board for consideration of the Final Plat application.

14 Staff makes this recommendation with the conditions above, as the proposal will meet the requirements of the Sarpy County Zoning and Subdivision Regulations and further the goals and policies of the Comprehensive Plan once those conditions are met and the additional information is found by the County to be acceptable. Mark Westergard, E & A Consulting Group, Mill Valley Road, appeared on behalf of the applicant, Alan Hans, in support of this application. Mr. Westergard noted that he did receive the amended recommendation report. Mr. Westergard recalled that there were two big issues at the preliminary plat stage, the water situation and the community septic system. He reported that the subdivision has received NDEQ approval on the cluster septic and the injection well. The water situation is being addressed with a nonpublic community system, adding that it will never be a public community water system as the developer has drilled a second well to stay under the threshold. With regard to the issues of storm water management and hydraulic and hydrologic studies, Mr. Westergard said initially a full drainage study was not required for this subdivision. They have rural section streets and do not have a storm sewer system. There was a question on the Riha Road culvert, and they will supply the computations on that to show that it is adequate for Sarpy County. Mr. Westergard said a post construction storm water management plan was submitted along with the grading permit application to Permix and the Papio-Missouri NRD s comments were minor on that item. Mr. Westergard said the biggest outstanding issue is the issue with improvements to the intersection on Hwy 50. He acknowledged that there is an issue there, the intersection is skewed and should be at a right angle, but this subdivision did not cause that intersection to be that way and it is not contributing to exasperating that issue. Mr. Westergard reported that they did a traffic count down there for a.m. peak hour showing that the most dangerous movement is the left turning movement from Riha Road onto Highway 50. There were 39 left turning movements. This subdivision during a.m. peak hour will generate an additional five cars that will be turning left onto Highway 50. While the developer understands that intersection improvements should be made, they should not be fully this developer s responsibility. This subdivision will participate in those improvements in a way that is prorated to the amount of traffic this subdivision contributes to that intersection. He said that is the fair way and the way most other traffic improvements are paid for. The applicant is requesting that that method be employed here and are willing to put that into the subdivision agreement. Chairman Ackley opened the Public Hearing on this request at 9:05 p.m. Bob Vodicka, Crestview Drive, said he has lived in Meadow Oaks for 11 years, and Riha Road drainage ditch has not worked in all that time and it is the same problem year after year. Mr. Vodicka encouraged that County to understand and solve the engineering in advance, because as soon as they start building all of the water coming off the hill will go to Riha Road continuing the same mess. Mr. Vodicka said the access to Highway 50 is extremely dangerous, and is an accident waiting to happen. A driver can see left, but it is very hard to see south because of a telephone pole and because the driver is trying to cross traffic. He encouraged the County to figure out what to do with that intersection now rather than later. Phil Wagner, Crestview Road, Meadow Oaks, agreed with Mr. Vodicka s comments, adding that the other significant thing about traffic on Hwy 50 is the cement truck traffic that travels continuously up and down Highway 50 from the plant in Louisville and the Martin Marietta plant near Weeping Water.

15 Mr. Wagner noted that the ditch does not drain because it is relatively flat, but the sediment that plugs up the ditch is coming off of the land they are proposing to build on, so part of the solution is figuring out how to minimize the sediment coming off of the property. With no one else coming forward, Chairman Ackley closed the Public Hearing at 9:12 p.m. Mark Westergard, said they would look at the drainage situation so see if it can be improved, noting that the actual problem is caused by a culvert that is not on their property. Denny Wilson, Sarpy County Engineer, said his office will look into the two issues to see what can be done. He agreed this is a dangerous intersection and will work diligently to see if money can be found in the budget to do something with that intersection regardless of what share they get because it is a dangerous intersection. George agreed that it is a dangerous intersection, and because it probably will take some time to get the work done, he suggested closing north bound Riha Road. In his opionion, this might be a better solution than waiting for the inevitable disaster at the intersection. MOTION: Sotak moved, seconded by Korth, to recommend APPROVAL of the Final Plat of a subdivision to be known as River Ranch (Lots 1-9 and Outlot A inclusive), subject to the comments and conditions contained within the original Recommendation Report as well as the following conditions: a. The applicant shall submit information to the PCSWM Permix Website and the Sarpy County Planning Department to address the comments contained the letter dated June 19, 2018, from Amanda Grint, Water Resources Manager for the PMNRD. b. The applicant shall submit a hydrologic and hydraulic report addressing drainage issues existing at the subdivision and adjacent to the subdivision to the satisfaction of Sarpy County Public Works Department for the purpose of determining the participation level of the applicant in the future. c. The issues regarding design, cost allocation and timing of improvements to the Riha Road and Highway 50 intersection are to be worked out with the applicant for the purpose of determining the applicant s cost participation for improvements to the intersection when the County chooses to do the improvement. This recommendation with the conditions above, is being made as the proposal will meet the requirements of the Sarpy County Zoning and Subdivision Regulations and further the goals and policies of the Comprehensive Plan once those conditions are met and the additional information is found by the County to be acceptable. Ballot: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist, and Lichter. Nays: None. Abstain: None. Absent: Davis. Motion carried. IV. CORRESPONDENCE AGENDA 1. Commissioner s Reports None. 2. Planning Director s Report County Board Approvals Nebraska APA/NPZA Awards Sarpy County s Comprehensive Plan won Daniel Burnham Award Gayle Malmquist won the Carol Swayne award for Planning Commissioner for her service on both the Sarpy County Planning Commission and her contribution