---~-- BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA RESOLUTION CHANGE OF ZONE

Transcription

1 ---~ BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA RESOLUTION CHANGE OF ZONE APPLICANT: TERRY AND CARLA TIGHE; CHANGE OF ZONE FROM RS-100, SINGLE FAMILY RESIDENTIAL TO AG, AGRICULTURAL WHEREAS, pursuant to Neb. Rev. Stat (Reissue 2007), the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; and, WHEREAS, pursuant to Neb. Rev. Stat (Reissue 2007), the powers ofthe County as a body are exercised by the County Board; and, WHEREAS, the County Board of Commissioners has the authority to adopt a Zoning Regulation, which shall have the force and effect of law pursuant to Neb. Rev. Stat (Reissue 2007); and, WHEREAS, said Zoning Regulations require the County Board of Commissioners to approve Change of Zone Applications; and WHEREAS, Rebecca Homer, Planning Director has reviewed Terry and Carla Tighe's application for a Change of Zone from RS-1 00, Single Family Residential to AG, Agricultural for compliance with the Sarpy County Comprehensive Plan and the Sarpy County Zoning Regulations on the property legally described as follows: Tax Lot 3, E of RR, located in the NE Y. of Section 17, Township 13N, Range 12E of the 6 1 h P.M., Sarpy County, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF COMMISSIONERS that this Board makes the following findings of fact: Resolution Change of Zone- Tighe May 2011

2 I. A public hearing regarding the Change of Zone Application was held before the Sarpy County Planning Commission on April 20, 2011 and further, the Planning Commission gave their recommendation. II. III. A public hearing regarding the Change of Zone Application was held by this Board. Notice of each of the Public Hearings described above was published at least once in the ten ( 1 0) day period immediately prior to each respective public hearing as required by Neb. Rev. Stat (Reissue 2007), and the proof of publication has been filed in the Office of the Sarpy County Clerk. IV. The Planning Director has made a recommendation as noted in the attached Exhibit "A", which Exhibit "A" includes the Planning Director report. V. The Change of Zone Application is in compliance with the Comprehensive Development Plan. FURTHER BE IT RESOLVED THAT this Board in light of the above recited findings of fact, after due deliberation and consideration, approves the RS-1 00, Single Family Residential to AG, Agricultural on the above described property. Resolution Change of Zone - Tighe May 2011

3 Dated this [ D '1'1- day of ~ Moved by --=r~ ~<1Thf~ '2011. seconded by_]-==-...:...':-~-----=---=:~-=::...:...:-=.:. :=----, that the above Resolution be adopted. Carried. NAYS: ABSENT: ABSTAIN: Resolution Change of Zone - Tighe May 2011

4 Sarpy County Board of Commissioners Report Staff Report Prepared: May 2, 2011 County Boart Meeting Date: May 10, 2011 Subject Terry and Car)a Tighe request a Change of Zone on property legally described as Tax Lot 3, E of RR, located in the NE X of Section 17, Township 13 N, Range 12 E of the 6th P.M. Sarpy County, Nebraska ( south h St.) from RS-1 00 to AG Type Resolution and Public Hearing By Rebecca Horner, AICP Planning Director Request The applicant requests a Change of Zone from RS-1 00 (single family residential) to AG (agricultural) Comprehensive Development Plan The Comprehensive plan designates this area as a future Residential with Community Systems (Fig 5 1) History Planning Commission heard the request on April20, 2011 and recommended approval to the request 10~0 Vanek moved, seconded by Labart to recommend approval of the Consent Agenda as amended Ballot: Ayes- Bliss, Mohr, Lichter, Vanek, Thompson, Stuart, Torczon, Wear, Labart and Whitfield. Naysnone. Abstain- none. Absent- Fenster. Motion carried. (1 0 ayes, 0 nays) Staff researched the property and found that the area had been zoned many years ago to RS-1 00, although the property was never subdivided to reflect an RS-100 density pattern or development scheme. Due to the rezoning the existing agricultural use became non-conforming.. The property owner plans to establish a permitted use within the AG district. They are unable to fully utilize the existing agricultural use until the property is rezoned to AG The surrounding area is primarily agricultural with some very low density housing This Change of Zone will correct an anomaly that may have been created at the time of Platteview Schooi being built. Zoning The requested change of zoning is in conformance with the Comprehensive Plan and re-established the existing use of the property Recommendation For the reasons stated above I recommend approval to the Change of Zone for Terry and Carla Tighe at south h street from RS-100 to AG as it conforms to the amended Comprehensive Plan Subdivision and Zoning Regulations of Sarpy County ResG~ Rebecca Horner, AICP Planning Director

5 ADDITIONAL INFORMATION SARPY COUNTY BOARD OF COMMISSIONERS May 10,2011 CHANGE OF ZONE From RS-100 to AG Terry & Carla Tighe S 108 St

6 Terry & Cara Tighe S. 1 08th St.

7 (~ I. GENERAL INFORMATION A. APPLICANT: Terry and Carla Tighe south 1 oath Street Springfield, NE 6a059 \ B. PROPERTY OWNER: Terry and Carla Tighe south 1 oath Street Springfield, NE 6a059 SARPY COUNTY PLANNING COMMISSION meeting date April 20, 2011 STAFF REPORT prepared April 5, 2010 Change of Zone C. LOCATION: Southwest corner of 10ath and Fairview Road D. LEGAL DESCRIPTION: Tax Lot 3, E of RR, located in the NE X of Section 17, Township 13 N, Range 12 E of the 6th P_.M. Sarpy County, Nebraska. E. REQUESTED ACTION: The applicant requests a Change of Zone from RS~ 100 (single family residential) to AG - (agricultural). - F. EXISTING ZONING AND LAND USE: RS currently used for farming G. SIZE _QF SITE: _The total site area is acres, more or less II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Comprehensive plan designates this area as a future Residential with Community Systems (Fig. 5.1) B. EXISTING CONDITION OF SITE: The site is currently used for agricultural purposes. C. GENERAL VICINITY AND LAND USE: North, Agricultural (Papillion's ET J) South, Agricultural West, Agricultural Residential East, Agricultural

8 (' D. RELEVANT CASE HISTORY: The applicant met with Planning Department Staff. E. APPLICABLE REGULATIONS: Zoning Regulations and Comprehensive Plan. Ill. ANALYSIS AND DEVELOPMENT ALTERNATIVES STAFF COMMENTS: A. REQUEST: 1. To approve the Change of Zone from RS-1 00 to AG in order to best reflect the current and future use of the property and eliminate a non-conforming use. B. LAND USE/COMPREHENSIVE PLAN: 1. The Comprehensive Plan shows the area as a future Residential with Community Systems (Figure 5.1) C. STAFF COMMENTS: 1. Staff researched the property and found that the area had been zoned many years ago to RS-100, although the property was never subdivided to reflect an RS-100 density pattern or development scheme. Due to the rezoning the existing agricultural use became non-conforming. 2. The property owner plans to establish a permitted use within the AG district. Tbey are unable to fully utilize the existing agricultural use until the property is rezoned to AG. 3. The surrounding area is primarily agricultural with some very low density housing. 4. This Change of Zorie will correct_ an anomaly that may.have been created at the time of Platteview School being built. IV. RECOMMENDATION: Recommend approval to the Change of Zone for Terry and- Carla Tighe at south h street from RS-100 to AG as it conforms-to the amended Comprehensive Plan Subdivision and Zoning Regulations of Sarpy County. V. COPIES OF REPORT TO: -- Applicant Public upon request VI. ATIACHMENTS: Application Comments Aerial map showing adjacent property Rebecca Horner, AICP Planning Director

9 ,--- r - _(~- ( SARPY COUNTY PLANNING 1210 GOLDEN GATE DRIVE PAP1WON, NE PHONE: FAX: E,MAJL: PlANN1NG@SARPY.COM CHANGE OF ZONE APPLICATION In order for your application to be considered COMPLETE, please answer all applicable questions and provide the following: 1 Submit complete Change of Zone Application 2 Submit Non-Refundable Fee of$ Qo 6 made payable to Sarpy County Treasurer 3 Copy of Deed on file with Register of Deeds (showing applicant as owner) 4 25 full size site plan drawings (folded) 5. 1 reduced size sit plan drawing (8.5 x 11) 6 Detailed operational plans PLANNING STAFF USE ONLY: APPLICATION No..f"--'-"''2=-- 1L Dcx:t4 DATE RECHVED: CP DESIGNATION: ' ZONING DESIGNATION:----.:::;--.::;..--:=:;:...-- FEE:$.~ RECEIPT NO. ].J.I( f$9 RECEIVED BY: fot..::.t>"'-j.e-1) NOTES: APPLICANT INFORMATION: 0 CHECK BOX IF TEXT AMENDMENT APPLICATION NAME larv CaR Ia.. f0jhe ADDREss J'-1 ltj2 So Jo8~::5t,.. MAILING (IF DIFFERENT) ADDRESS: PHONE l./oc:l- 5'13- J fc_ +ljhe._ 578' {j) Ff/SIV~ r!oiy) CITY/STATE/ZIP:JP/2,'\:j v./ejd Ak;. (p~tj59 CITY/STATE/ZIP FAX: PROPERTY OWNER INFORMATION: (If multiple owners, attach separate sheet) 0 Please check box If attaching separate sheet with owner information. NAME:JcRifY (!a,e/a._, /J1he_ ADDREss-/'1/oZ 5o lob~ :51: ~-i- -fj a he 57 g C) n,.. < JJ, (!om - J - ~ ' 1 J..J MAILING (IF DIFFERENT) ADDRESS PHONE JfOcP I g 35 CITY/STATE/ZIP: FAX: ENGINEER INFORMATION: NAME ' ADDRESS MAILING (IF DIFFERENT) ADDRESS CITY/STATE/ZIP CITY/STATE/ZIP PHONE ~--- FAX SARPY COUNTY PLANNING CHANGE OF ZONE APPLICATION

10 PROJECT DESCRIPTION: (Describe the project in detail, including physical features of the site, prop05ed improvements, prop05ed uses or business, operating hours, number of employees, anticipated customers, etc -Attach additional sheets if necessary) PLEASE NOTE: A detailed project description is essential to the reviewing process of this request. a v,f) r_t PROJECT SITE INFORMATION: Complete each section in its entirety. if a question is not applicable to your project, please indicate this to show that each question has been carefully considered. AssEssoR's PARcEL NUMBER: o 1 o1 o 0!3 1 ADDITIONAL PARCEL NUMBERS LEGAL DESCRIPTION: (Describe property to wit) /410.::{ So GENERAL PROPERTY LOCATION: :S p,eirjj6i e/d AJ::; CURRENT ZONING: Jf5- /() ACRES: 5CJ, 0 5 REQUESTED ZONING: _._A :G~--- ADDITIONAL INFORMATION: Please use this space to provide any other infqrmot/on you feel is appropriate for the County to consider during review of your application. Attach extra sheets if necessary. PLEASE NOTE THE FOLLOWING PROCEDURES: 1. The Planning Commission will hold a public hearing and make a recommendation to the County Board. 2. County Board will hold a public hearing and make a final decision on the Change of Zone. 3. All necessary agreements will be recorded with the Sarpy County Register of Deeds, the cost of which will be borne by the Change of Zone applicant or the property owner. Dale I \ I SARPY COUNTY PLANNING CHANGE OF ZONE APPliCATION

11 Sandra Logue From: Sent: To: Cc: Subject: John G Miriovsky [jmiriovsky@lincoln.ne gov] Wednesday, March 16, PM Sandra Logue Jerry G. Obrist RE Change of Zone- Terry & Carla Tighe We have reviewed the request and have no issues with it. From: Jerry G. Obrist Sent: Wednesday, March 16, :22PM To: John G. Miriovsky Subject: FW: Change of Zone - Terry & Carla Tighe Please revtew and respond directly. Thank you. Jerry From: Sandra Logue [mailto:slogue@sarpy.com] Sent: Wednesday, March 16, :31 AM To: Amanda Grint; Brian Craig; Brian Hanson; Chris Shewchuk; Chris Solberg; Denny Wilson; Donna Lynam ; Eric Herbert; Jeff Davis; Jeff Loll; Jerry G. Obrist; Kathleen Gottsch; Lori Laster; Mark Wayne; Nicole O'Keefe; Nikki Lampe; Steven Fanslau; Bill Bowes (bbowes@papillion.org) Subject: Change of Zone- Terry & Carla Tighe Jfyou have any questions, please let me know. Ifw nb, Sand~f I Ofl'U.e :Pf~mnm&./l.s.Hsta nt Sm~py Co un t~j 'Pf.a.nn.rng Dt~pt 12w c;jof~ {erl (]tlte Di. 'Pc~mfi1on, ~N'E 68c) St)3-I5SS fax s aryy. com. COhlFtDE'.. -. /.LJT'! h!01ile T 1 ~ r -mad!? ~;ssag!';, ;!!C;ud!rg a1~' at:e(i1nrenl:s.~ ~:::r- ~I-.e ~ole use c~ lhe T~e.,~ec; : sc:p!ett1{5l c. -~c rnc:! :.~t :i{:.r COP"'\ie--~t!i?.! and pi!\ i~~~(~j.,fo:t 1o:icn,b.n) t;n&~;tl~~,z<--:c '~'-.'e..: t..s dlsc.:8su.e c~ o~sh4l;u1io:l!s Gr~.:ltnled If yo1.1 ~;re ~~oi 111e lpler~o,; rec ple:"!l o~eass c:.~r f:.c 1!12 ~f: ~oer by Ft:p;y e~ n2.1, r: \Li destro1r a t co~:i ~ c :boa :n.~;~ 1 J.; rnessege

12 ., ( ( Sandra Logue From: Sent: To: Subject: Laster, Lori [llaster@papionrd.org) Wednesday, March 16, :26 PM Sandra Logue, Rebecca Horner; Todd Swirczek RE. Change of Zone- Terry & Carla Tighe The District has no comments on this application. Lori Ann Laster, CFM Stormwater Management Engineer Papio-Missouri River NRD 8901 South 154th Street Omaha, Nebraska (402) office (402) cell llaster@papionrd.org From: Sandra Logue [mailto:sloque@sarpy.com] Sent: Wednesday, March 16, :31 AM To: Grint, Amanda; Brian Craig; Brian Hanson; Chris Shewchuk; Chris Solberg; Denny Wilson; Donna Lynam ; Eric Herbert; Jeff Davis; Jeff Loll; Jerry Obrist; Kathleen Gottsch; Laster, Lori; Mark Wayne; Nicole O'Keefe; Nikki Lampe; Steven Fanslau; Bill Bowes (bbowes@papillion.org) Subject: Change of Zone- Terry & Carla Tighe If you have any questions, please let me know. Thanks, Sandy Logue Planning Assjstant Sarpy County Planning Dept Golden Gate Dr. Papillion, NE Fax: slogue@sarpy com

13 ( ~ \ ( ' SARPY COUNTY PLANNING 1210 GOLDEN GATE DRIVE PAPILUON, NE PHONE: FAX: E,MAJL: PLA.l\'NING@SARPY.COM CHANGE OF ZONE APPLICATION In order for your application to be considered COMPLETE, please answer all applicable questions and provide the following: 1 Submit complete Change of Zone Application 2 Submit Non-Refundable Fee of$ Q?o 6 made payable to Sarpy County Treasurer 3. Copy of Deed on file with Register of Deeds (showing applicant as owner) full size site plan drawings (folded) 5. 1 reduced size sit plan drawing (8.5 x 11} 6. Detailed operational plans PLANNING STAFF USE ONLY: ll- oc:aj APPLICATION NO.:.l._.CI.!:.:z==---- DATE RECEIVED: CP DESIGNATION: ZONING DESIGNATION:---~~-,--=-- FEE:$~ RECEIPT NO. ]:Jlf f.$9 RECEIVED BY: fol.!.t>~)."'ij~ NOTES: APPLICANT INFORMATION: NAME:7EJf.'Ry l'a R/a., fl(jhe ADDRESS JL/JtJ2.:5o /{)8'--!-::)6. D CHECK BOX IF TEXT AMENDMENT APPLICATION f(!.~ -+/jhe_ 57&' 6) IYJSIV r!.0/1-) CITY/STATE/ZIP:5'pe,'ZJ 6 /ejd MC:. ~&'CJ59 MAILING (IF DIFFERENT) ADDRESS: , PHONE J../tJ~- $C)'3-/835 CITY/STATE/ZIP:----' FAX: PROPERTY OWNER INFORMATION: (If multiple owners, attach separate sheet) D Please check box if attaching ~eparate sheet with owner information. NAME fcrrf C:ate/~ 77 qf>e ADDRESS /cf/()2 :5o /()8c.ez.5t -f(l_...:. -fj!j he~ CITY/STATE/ZIP 5p_e; g ij fhsa), (!OrY) dj efd NC t. 5-tJS/ MAILING (IF DIFFERENT) ADDRESS---., PHONE Jfor:X g 35 CITY/STATE/ZIP FAX: ~----~ ENGINEER INFORMATION: NAME: ADDRESS.---~ MAILING (IF DIFFERENT) ADDRESS: PHONE CITY/STATE/ZIP CITY/STATE/ZIP FAX:_~--~ SARPY COUNTY PLANNING CHANGE OF ZONE APPLICATION

14 PROJECT DESCRIPTION: (Describe the project in detail, including physical features of the site, proposed improvements, proposed uses or business, operating hours, number of employees, anticipated customers, etc -Attach additional sheets if necessary.) PLEASE NOTE: A detailed project description is essential to the reviewing process of this request ( a v,f} c..t PROJECT SITE INFORMATION: Complete each section in its entirety If o question is not opplicoble to your project, please indicote this to show that each question has been carefully considered ASSESSOR'S PARCEL NUMBER: 0 l Oj 0 tz /3/ ADDITIONAL PARCEL NUMBERS '----- LEGAL DESCRIPTION: (Describe property to wit) /410.:{ So 108 GENERAL PROPERTY LOCATION: :S p,ejaj6i eld AJ::: CURRENT ZONING: Jf:S- /()0 ~--~--~ ACRES: ::S_..:._Cj'-, 0'-5= REQUESTED ZONING: _~:...A----'67::::::: ADDITIONAL INFORMATION: Please use this space to provide ony other information you feel is appropriate for the County to consider during review of your application. Attach extra sheets if necessary. PLEASE NOTE TH FOLLOWING PROCEDURES: 1. The Planning Commission will hold a public hearing and make a recommendation to the County Board. 2. County Board will.hold a public hearing and make a final decision on the Change of Zone. 3. All necessary agreements will be recorded with the Sarpy County Register of Deeds, the cost of which will be borne by 'the Change of Zone applicant or the property owner. Date 1 \ 1 SARPY COUNTY PLANNING CHANGE OF ZONE APPLICATION

15 , ( Sandra Logue From: Sent: To: Cc: Subject: John G Miriovsky Umiriovsky@lincoln.ne.gov] Wednesday, March 16, PM Sandra Logue Jerry G Obrist RE. Change of Zone- Terry & Carla Tighe We have reviewed the request and have no issues with it. From: Jerry G. Obrist Sent: Wednesday, March 16, 20111:22 PM To: John G. Miriovsky Subject: FW: Change of Zone- Terry & Carla Tighe Please review and respond directly Thank you. Jerry From: Sandra Logue [mailto:slogue@sarpy.coml Sent: Wednesday, March 16, :31 AM To: Amanda Grint; Brian Craig; Brian Hanson; Chris Shewchuk; Chris Solberg; Denny Wilson; Donna Lynam ; Eric Herbert; Jeff Davis; Jeff Loll; Jerry G. Obrist; Kathleen Gottsch; Lori Laster; Mark Wayne; Nicole O'Keefe; Nikki Lampe; Steven Fanslau; Bill Bowes {bbowes@papillion.org) Subject: Change of Zpne- Terry & Carla Tighe If you have any questions, please let me!mow. IhtXIl~.S, Sand\t Lom.u ~ (J Pl~mn ina Jlss rstant C Sa1yy Count-y T(a.n71I ng Dt:J.'~t (jot({en (i~.-1te 'Dr. 'Papifi7on., J'i'E n :fax..:j02-s s{oau.e@sa-ryy.com CONF!JENTIP.LITY NOTiCE 1lts e-rnai! r'!ss&&~ ~ hctjdlng any arthc!1mt;nl$ s fc,; n-~e sc!~;:.~ use: oi t!1t: if'llt:igtjd 1cc lr)e:.jhs) eno rne.y cont.:.;n CG! ~-der!\;cd and pri ~tfi(~f~,~-d J>1fr-~traqcn APy unal.nhortzf;d rp<. ~..:w, tl~b. ch~.. r!or,un:; vr cistributio:1 ;s j:,ro~ d;:.lted!f you a:e noi H1e :ntenc(?-d re-c:p;enl pieasg corh\~c11hp se.;:opr by ~ep!j 1 t.:-:r.ai! r~pd dgs~roy a:l coliigs of ~h.~ 01 ~>r101 P,r-;s~:?.~i;~

16 Sandra Logue From: Sent: To: Subject: Laster, Lori org] " Wednesday, March 16, :26PM Sandra Logue, Rebecca Horner; Todd Swirczek RE. Change of Zone- Terry & Carla Tighe The District has no comments on this application. Lori Ann Laster, CFM Stormwater Management Engineer Papio-Missouri River NRD 8901 South 154th Street Omaha, Nebraska (402) office (402) cell From: Sandra Logue Sent: Wednesday, March 16, :31 AM To: Grint, Amanda; Brian Craig; Brian Hanson; Chris Shewchuk; Chris Solberg; Denny Wilson; Donna Lynam ; Eric Herbert; Jeff Davis; Jeff Loll; Jerry Obrist; Kathleen Gottsch; Laster, Lori; Mark Wayne; Nicole O'Keefe; Nikki Lampe; Steven Fanslau; Bill Bowes {bbowes@papillion.org) Subject: Change of Zone- Terry & Carla Tighe If you have any questions, please let me know. Thanks, Sandy Logue Planning Assistant Sarpy County Planning Dept Golden Gate Dr. Papillion, NE Fax: slogue@sarpy.com

17 AFFIDAVIT OF PUBLICATION STATE OF NEBRASKA County of Sarpy } ss. } Being duly sworn, upon oath, Shon Barenklau deposes and says that he is the Publisher or Kirk Hoffman deposes and says that he is the Business Manager of the Bellevue Leader, Papillion Times, Gretna Breeze and Springfield Monitor, legal newspapers of general circulation in Sarpy County, Nebraska, and published therein; that said newspaper has been established for more than one year last past; that it has a bona-fide paid subscription l!st of more than three hundred; that to this personal knowledge, the advertisement, a copy of which is hereto attached, was ' printed in the said newspaper once each week, the first insertion having been on: Wednesday, April 27, 2011 Bellevue Leader Gretna Breeze Papillion Times Springfield Monitor And that said newspaper is a legal newspaper under the statutes of the State ofnebraska. The above facts are within my personal knowledge. Shon Barenklau Publisher Business Manager Today's Date Signed in my presence and sworn to before me: Printer's Fee Customer Number: Order Number: $ MAY '.

18 Proof of publication AFFIDAVIT State ofnebraska, County of Douglas, ss: Linda Shropshire, being duly sworn, deposes and says that he/she IS an employee of The Omaha World-Herald, a legal daily newspaper pnnted and pubhshed m the county of Douglas and State of Nebraska, and of general circulation ill the Counties of Douglas, and Sarpy and State of Nebraska, and that the attached prmted notice was published ill the said newspaper on the ih of April, 201), and that said newspaper is a legal newspaper under the statutes of the State of Nebr(!ska. The above facts are w1thm my personal knowledge. The Omaha World-Herald has an average crrculatwn of 153,944 Daily and 188,810 Sunday, m2011 (Signed)~A.tJ--{2 ~~ ~ 'tle: Account Executive S}ib;cribed in my presence and sworn to before me tills Lf-t/J~ V'-loJL1"-'-'~""'"'i..v'-----'' day of A GENERAL NOTARY- State of Nebraska MARCIA A. GUSTAFSON "-"'J~.. e=::.>t~. Mv Comm. Exp. June 30, 2012 Printer's Fee$ Affidavit Paid By.. MAY