CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT SEPTEMBER 5, 2017 AGENDA. Subject: Type: Submitted By: Ordinance #1787.

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1 CITY OF PAPILLION MAYOR AND CITY COUNCIL REPORT SEPTEMBER 5, 2017 AGENDA Subject: Type: Submitted By: A request for a Change of Zone from Agricultural (AG) to Rural Residential Estates (RE) for the property legally described as a tract of land located in part of the NE1/4 of the NE1/4 of Section 14, T13N, R12E of the 6th P.M., Sarpy County, NE, generally located on the southwest corner of Fairview Road and S. 72 nd Street. The applicant is the Thomas Pribil. (Lee Lynn) Ordinance #1787 (Introduction) Mark A. Stursma, AICP Planning Director SYNOPSIS This is a request for approval of an ordinance for a change of zone from Agricultural (AG) to Rural Residential Estates (RE) for Lee Lynn. The change in zone will only apply to Lot 1, which is the single-family home site. Lot 1 (3.024 acres) is proposed to be zoned Residential Estate (RE) and Outlot A ( acres) is proposed to remain Agriculture (AG). No development of Lot 1 or Outlot A is proposed at this time. In order for Outlot A to continue to retain the rights for farming the property and the ability to construct agricultural accessory structures as permitted within Sections & 43; a Subdivision Agreement outlining the permitted uses will be required prior to consideration of the final plat at City Council. The current Future Land Use designation is Urban Reserve. Land within the Urban Reserve area should generally be preserved in current agricultural and open space uses, with extension of urban services programmed in the future. Appropriate uses identified within the Urban Reserve zone include agricultural uses and rural estate development (large acreage); therefore this request is consistent with the Comprehensive Plan. FISCAL IMPACT None. RECOMMENDATION Introduction. On 07/26/17, the Planning Commission unanimously recommended approval of the Lee Lynn change of zone contingent upon resolution of staff comments. The conditions required to introduce the change of zone have been addressed. BACKGROUND The applicant held pre-application meeting with staff. ATTACHMENTS: Ordinance #1787 Revised Change of Zone Exhibit 07/26/17 Planning Commission Staff Report 07/26/17 Planning Commission minutes

2 ORDINANCE NO AN ORDINANCE TO APPROVE THE CHANGE OF ZONE OF CERTAIN REAL PROPERTY WITHIN THE ZONING JURISDICTION OF THE CITY OF PAPILLION, SARPY COUNTY, NEBRASKA, LEGALLY DESCRIBED AS A TRACT OF LAND LOCATED IN PART OF THE NE1/4 OF THE NE1/4 OF SECTION 14, T13N, R12E OF THE 6 TH P.M., SARPY COUNTY, NE, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF FAIRVIEW ROAD AND S. 72 ND STREET, FROM AGRICULTURAL (AG) TO RE RURAL RESIDENTIAL ESTATES (RE), TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF PAPILLION BY CHANGING THE ZONING DISTRICT BOUNDARIES OF THE ZONING MAP IN ACCORDANCE WITH SECTION OF THE PAPILLION MUNICIPAL CODE, AND TO PROVIDE FOR AN EFFECTIVE DATE THEREOF. WHEREAS, Neb. Rev. Stat provides that the City may, by ordinance, designate its jurisdiction over territory outside of the corporate limits of the City under or of the Nebraska Revised Statutes by reference to an official zoning map; and WHEREAS, pursuant to of the Papillion Municipal Code, the City of Papillion adopted a zoning map depicting boundaries of zoning districts established by the City, which map, together with legends, references, symbols, boundaries, and other information, is prominently displayed in the City Council chambers; and WHEREAS, it is anticipated that the following described real property generally located on the southwest corner of Fairview Road and S. 72 nd Street will be platted into Lee Lynn which shall be comprised of Lot 1 and Outlot A, as depicted in Exhibit A, the latter of which shall remain zoned Agricultural (AG); and WHEREAS, the City Council of the City of Papillion has received a recommendation from the Papillion Planning Commission to approve the Change of Zone Application to rezone the real property from Agricultural (AG) to RE Rural Residential Estates (RE). BE IT ORDAINED by the Mayor and City Council of the City of Papillion, Nebraska, as follows: Section 1. That the Change of Zone Application be and the same is approved to rezone Lot 1 only, as depicted on Exhibit A, of the following described real property from Agricultural (AG) to RE Rural Residential Estates (RE): A TRACT OF LAND LOCATED IN PART OF THE NE1/4 OF THE NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6 TH P.M., SARPY COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

3 BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF FAIRVIEW ROAD; THENCE S E ALONG SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD, A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE SOUTH RIGHT- OF-WAY LINE OF SAID FAIRVIEW ROAD; THENCE N E ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE WEST RIGHT-OF-WAY LINE OF 72 ND STREET; THENCE S E ALONG SAID WEST RIGHT-OF-WAY LINE OF 72 ND STREET, A DISTANCE OF 1, FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE S W ALONG SAID SOUTH LINE OF THE NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE SOUTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N W ALONG THE WEST LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE POINT OF BEGINNING. Section 2. That the zoning district boundaries of the official zoning map, which is prominently displayed in the City Council chambers pursuant to of the Papillion Municipal Code, be and the same is changed, modified, and amended in accordance with of the Papillion Municipal Code to reflect the change of zone for the above described real property. Section 3. Effective Date. This Ordinance shall be in full force and effect fifteen (15) days after its passage. The City Clerk is directed to effectuate the publishing of this Ordinance for at least one (1) week in a newspaper in general circulation within the City of Papillion, which publication must take place within fifteen days after the passage of this Ordinance by the City Council. The City Clerk shall cause this Ordinance to be published in book or pamphlet form. That this Ordinance shall have the same force and effect as though it had been published at large. That a copy of said Ordinance shall be filed for use and examination by the public in the office of the City Clerk. PASSED AND APPROVED this day of, CITY OF PAPILLION, DAVID P. BLACK, Mayor

4 Attest: NICOLE L. BROWN, City Clerk Planning Commission: First Reading: Second Reading: Third Reading: (SEAL)

5 33' 33' 50' NORTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E SOUTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E 50' 369' 1277' 286' 133' PRIVATE ACCESS DRIVE DRIP LINE HOUSE 1126 BUILDING AC. 123' 1124 EXISTING WELL ' 1114 EXISTING SEPTIC TANK & LATERALS ' ' 902' ' ADDITIONAL RIGHT-OF-WAY DEDICATION ' OUTLOT "A" AC ' ' DRAINAGE & MAINTENANCE EASEMENT INST. No ' 50' 1276' 50' 50' 50' 50' NORTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E 50' 50' SOUTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E ' SIDE YARD 1 inch = 100 ft. LEGEND BOUNDARY LINE RIGHT OF WAY LINE LOT LINE BUILDING STREET EASEMENTS 20' SIDE YARD 20' SIDE YARD EXIST. MAJOR CONTOURS EXIST. MINOR CONTOURS 35' REAR YARD 35' FRONT YARD RE ZONING SETBACK REQUIREMENTS STREET 96TH STREET 25' STREET CORNER SIDE YARD LEGAL DESCRIPTION 84TH STREET FAIRVIEW ROAD PROJECT SITE CAPEHART ROAD PLATTEVIEW ROAD VICINITY MAP A TRACT OF LAND LOCATED IN PART NE1/4 OF NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA. SAID TRACT OF LAND CONTAINS 1,676,150 SQUARE FEET OR ACRES, MORE OR LESS. DEVELOPER / OWNER THOMAS L. PRIBIL SOUTH 125TH AVENUE PAPILLION, NE ZONING: EXISTING AG PROPOSED: RE, LOT 1 AG, OUTLOT "A" NOTES: 25' SIDE YARD STREET 72ND STREET 25' SIDE YARD 25' SIDE YARD 50' REAR YARD 63RD ST 50' FRONT YARD AG ZONING SETBACK REQUIREMENTS 1. DIRECT VEHICULAR ACCESS WILL NOT BE ALLOWED TO 72ND STREET FROM ANY LOTS ABUTTING SAID STREETS. 2. TYPICAL UTILITY EASEMENTS WILL BE DEDICATED WITH THE FINAL PLAT. 3. LOT 1 IS BEING SERVED BY A WELL AND SEPTIC TANK. OUTLOT "A" HAS NO WELL OR SEPTIC TANK. OUTLOT "A" DOES NOT SHARE A WELL OR SEPTIC TANK WITH LOT THE EXISTING HOME SITUATED ON LOT 1 IS SERVED WITH A PRIVATE WELL FOR WATER SERVICE AND AN ON-SITE WASTEWATER TREATMENT SYSTEM FOR SANITARY SEWER. THE LOCATIONS OF THESE FACILITIES HAS BEEN SHOWN ON THE PRELIMINARY PLAT. AT SUCH TIME AS MUNICIPAL WATER AND/OR SANITARY SEWER SERVICE BECOMES AVAILABLE TO THE PROPERTY, CONNECTION(S) SHALL BE MADE TO THE MUNICIPAL SYSTEMS. THE COST OF ABANDONING AND REMOVING THE EXISTING PRIVATE SYSTEMS SHALL BE BORNE BY THE PROPERTY OWNER OF RECORD AT THE TIME MUNICIPAL SERVICES BECOME AVAILABLE TO THE SITE. STREET 60TH STREET 25' STREET CORNER SIDE YARD Revisions Date Description E & A CONSULTING GROUP, INC. Engineering Planning Environmental & Field Services LEE LYNN LOT 1 & OUTLOT "A" Date Description PRELIMINARY PLAT PAPILLION, NEBRASKA Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: K:\Projects\2017\103\p01\Plat\Preliminary Design\PP-000.dwg Exhibit A P No 07/25/17 Proj No: Date: JRS Designed By: JRS Drawn By: 1" = 100' Scale: Sheet: 1 of 1 8/14/2017 2:21 PM Brian Herr

6 33' 33' 50' NORTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E SOUTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E 50' 369' 1277' 286' 133' AC. 123' 94' 45' 399' 902' 50' ADDITIONAL RIGHT-OF-WAY DEDICATION 1279' OUTLOT "A" AC. 865' 50.0' DRAINAGE & MAINTENANCE EASEMENT INST. No ' 50' 1276' 50' 50' 50' 50' NORTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E 50' 50' SOUTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E inch = 100 ft. LEGEND BOUNDARY LINE RIGHT OF WAY LINE LOT LINE EASEMENTS LEGAL DESCRIPTION 96TH STREET 84TH STREET FAIRVIEW ROAD PROJECT SITE CAPEHART ROAD PLATTEVIEW ROAD VICINITY MAP A TRACT OF LAND LOCATED IN PART OF THE NE1/4 OF THE NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N87 08'22"E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD; THENCE S02 51'13"E ALONG SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD, A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF SAID FAIRVIEW ROAD; THENCE N87 08'22"E ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE WEST RIGHT-OF-WAY LINE OF 72ND STREET; THENCE S02 44'17"E ALONG SAID WEST RIGHT-OF-WAY LINE OF 72ND STREET, A DISTANCE OF 1, FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE S87 05'59"W ALONG SAID SOUTH LINE OF THE NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE SOUTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N02 37'05"W ALONG THE WEST LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,676,150 SQUARE FEET OR ACRES, MORE OR LESS. 72ND STREET 63RD ST 60TH STREET K:\Projects\2017\103\p01\Plat\Preliminary Design\PP-000.dwg Brian Herr 8/11/ :12 AM Revisions Date Description E & A CONSULTING GROUP, INC. Engineering Planning Environmental & Field Services LEE LYNN LOT 1 & OUTLOT "A" Date Description CHANGE OF ZONE EXHIBIT PAPILLION, NEBRASKA Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Proj No: Date: P No 06/12/2017 Designed By: JRS Drawn By: JRS Scale: 1" = 100' Sheet: 1 of 1

7 I. GENERAL INFORMATION A. APPLICANT: Thomas Pribil S. 125 th Ave. Papillion, NE CITY OF PAPILLION PLANNING COMMISSION STAFF REPORT July 26, 2017 AGENDA LEE LYNN PRELIMINARY PLAT, CHANGE OF ZONE PP ; CZ B. PROPERTY OWNER: Thomas & Margaret Pribil S. 125 th Ave Papillion. NE C. LOCATION: Southwest corner of Fairview Road and S. 72 nd Street D. LEGAL DESCRIPTION: A tract of land located in part of the NE ¼ of the NE ¼ of Section 14, T13N, R12E of the 6 th PM, Sarpy County, NE E. REQUESTED ACTION: Approval of a Preliminary Plat and a Change of Zone from AG (Agricultural) to RE-Rural Estate. F. EXISTING ZONING AND LAND USE: Zoned AG, Farmstead G. SIZE OF SITE: Acres II. BACKGROUND INFORMATION A. COMPREHENSIVE PLAN SPECIFICATIONS: The Future Land Use map of the City of Papillion Comprehensive Plan identifies this site as Urban Reserve. B. EXISTING CONDITION OF SITE: There is an existing single-family residence on the site which was built in 1995, along with an outbuilding. The remaining acreage is used for agricultural purposes.

8 2 C. GENERAL VICINITY AND LAND USE: Surrounding the property, in all directions, consists of property used for agricultural related services and farmsteads. The surrounding properties are zoned AG-Agricultural. D. RELEVANT CASE HISTORY: The applicant held pre-application meeting with staff. 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 and Change of Zone from Agricultural (AG) to Residential Estate (RE). The change in zone will only apply to Lot 1, which is the single-family home site. 2. Lot 1 (3.024 acres) is proposed to be zoned Residential Estate (RE) and Lot 2 ( acres) is proposed to remain Agriculture (AG). 3. No development of Lot 1 or Lot 2 is proposed at this time. 4. Lot 2 will need to be classified as Outlot A on the preliminary plat. In order for Outlot A to continue to retain the rights for farming the property and the ability to construct agricultural accessory structures as permitted within Sections & 43; a Subdivision Agreement outlining the permitted uses will be required prior to consideration of the final plat at City Council. 5. A conceptual site plan was submitted to the Department as a discussion item only. The conceptual site provided to the Department illustrated a street and lot layout for the undeveloped agricultural lot (Outlot A ). Approval of this Preliminary Plat does not warrant approval of the conceptual site plan received by the Department. The Department has concerns with the large acreage lots fronting Fairview Road and the layout of the street network. Future development of Outlot A will require a rezoning and replat, in which a full review of the proposed subdivision will occur. Additional pre-application discussions with staff for the development of Outlot A are encouraged. B. LAND USE/COMPREHENSIVE PLAN: 1. The current Future Land Use designation is Urban Reserve. Land within the Urban Reserve area should generally be preserved in current agricultural and open space uses, with extension of urban services programmed in the future. Appropriate uses identified within the Urban Reserve zone include agricultural uses and rural July 26, 2017 Planning Commission PP /CZ

9 3 estate development (large acreage); therefore this request is consistent with the Comprehensive Plan. C. TRAFFIC AND ACCESS: 1. Access to the proposed lots will be provided from Fairview Drive. 2. The Preliminary Plat includes a 50 foot right-of-way dedication for Fairview Drive. 3. The applicant will need to confirm with Sarpy County Public Works that no additional right-of-way or easements are required for S. 72 nd Street. 4. There is a 50 foot wide tract of land to the west of Lot 1, which is included with Lot 2 (Outlot A ). This will provide the minimum required width for right-of-way required for public street access when Lot 2 (Outlot A ) is developed in the future. 5. No direct access to 72 nd Street will be permitted from any lots abutting said street. 6. The new right-of-way will not be improved until the surrounding areas are developed and street improvements are warranted. As such, the Subdivision Agreement will need to detail the following responsibilities: a. The applicant (or subsequent property owner) shall contribute proportionately to future street improvements. b. The applicant (or subsequent property owner) shall maintain the right-of-way until it is improved. D. WATER/SANITARY SEWER: 1. The applicant has identified on the application that water service is provided by a private well and sanitary sewer is provided by a septic system. 2. The preliminary plat needs to identify that the well and septic systems are confined to Lot The applicant needs to be confirm whether the outbuilding identified on Lot 2 (Outlot A ) is or is not sharing a well and septic system with Lot At the time of redevelopment or a City Utility connection is required; the lots will be required to pay sewer, water and any other connection fees. E. UTILITIES/EASEMENTS: 1. Standard utility easements shall be provided along all lot lines. 2. All proposed easements shall be by separate instruments including a prescription outlining the rights and terms of the easements. Copies of the recorded documents shall be provided to the City of Papillion. July 26, 2017 Planning Commission PP /CZ

10 4 F. PRELIMINARY PLAT: 1. The applicant shall revise the Preliminary Plat as follows: a. Rename Lot 2 to Outlot A. b. Per C(4), Identify the locations all existing utilities including well and septic systems and add a note that identifies when such systems will be removed and who will be responsible for removal at the time when City services become available. G. GENERAL: 1. No development is proposed with this Preliminary Plat request. The existing single-family residence will remain in its current configuration on Lot 1. Lot 2 (Outlot A ) contains the remaining acres which will continue to be used for agricultural purposes. 2. Lot 2 will be required to be designated as Outlot A at this time. Outlot A has no development plans at this time therefore it is more appropriate to leave this property as an outlot. In the future, when development of Outlot A is contemplated, the property will be required to be rezoned and platted accordingly. 3. In order to allow for the continued operation of agricultural uses and any future accessory agricultural structures, a Subdivision Agreement will need to provide language stipulating the allowable uses for Outlot A. 4. The Subdivision Agreement must be approved by the developer and city staff prior to consideration of the final plat at City Council. IV. RECOMMENDATION The Planning Department recommends approval of the Lee Lynn Preliminary Plat (PP ) and Change of Zone (CZ ) based on: 1. General consistency with the Comprehensive Plan. 2. Compatibility with adjacent uses. 3. Compliance with the Subdivision Regulations. 4. Compliance with the Zoning Regulations. The recommendation for approval is contingent upon the applicant: 1. Renaming Lot 2 to Outlot A on the Preliminary Plat per Section III, F, 1a. 2. Revising the Preliminary Plat per Section III, F, 1b. 3. Identifying on the Preliminary Plat that the well and septic system is confined to Lot 1 per Section III, D, Confirming whether the outbuilding is not sharing a well and septic system with Lot 1 per Section III, D, 3. V. COPIES OF REPORT TO: Applicant Public upon request July 26, 2017 Planning Commission PP /CZ

11 5 VI. ATTACHMENTS: Preliminary Plat Application Preliminary Plat Change of Zone Application Change of Zone Exhibit Aerial Report prepared by: Travis Gibbons, Assistant Planning Director Jeffrey Thompson, City Engineer July 26, 2017 Planning Commission PP /CZ

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15 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN PART OF THE NE1/4 OF THE NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N87 08'22"E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD; THENCE S02 51'13"E ALONG SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD, A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID WEST RIGHT-OF- WAY LINE OF FAIRVIEW ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF SAID FAIRVIEW ROAD; THENCE N87 08'22"E ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE WEST RIGHT-OF-WAY LINE OF 72ND STREET; THENCE S02 44'17"E ALONG SAID WEST RIGHT-OF-WAY LINE OF 72ND STREET, A DISTANCE OF 1, FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE S87 05'59"W ALONG SAID SOUTH LINE OF THE NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE SOUTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N02 37'05"W ALONG THE WEST LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,676,150 SQUARE FEET OR ACRES, MORE OR LESS.

16 SOUTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E ' 50' RIGHT-OF-WAY DEDICATION 50' ADDITIONAL 1279' ' ' 94' ' ' AC. 286' 399' NORTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E PRIVATE ACCESS DRIVE DRIP LINE HOUSE BUILDING 50' 369' ' 50' ' ' 50' AC ' ' ' DRAINAGE & MAINTENANCE EASEMENT INST. No ' 50' 1276' 50' 50' NORTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E SOUTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E STREET 35' FRONT YARD RE ZONING SETBACK REQUIREMENTS inch = 100 ft. LEGEND BOUNDARY LINE RIGHT OF WAY LINE LOT LINE EASEMENTS BUILDING EXIST. MAJOR CONTOURS EXIST. MINOR CONTOURS STREET 35' REAR YARD 20' SIDE YARD 20' SIDE YARD 20' SIDE YARD PROJECT SITE PLATTEVIEW ROAD VICINITY MAP 63RD ST FAIRVIEW ROAD 96TH STREET 84TH STREET 72ND STREET 60TH STREET CAPEHART ROAD 25' STREET CORNER SIDE YARD 25' STREET CORNER SIDE YARD STREET 50' FRONT YARD AG ZONING SETBACK REQUIREMENTS LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN PART NE1/4 OF NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA. SAID TRACT OF LAND CONTAINS 1,676,150 SQUARE FEET OR ACRES, MORE OR LESS. DEVELOPER / OWNER THOMAS L. PRIBIL SOUTH 125TH AVENUE PAPILLION, NE ZONING: EXISTING AG PROPOSED: RE, LOT 1 AG, LOT 2 NOTES: 1. DIRECT VEHICULAR ACCESS WILL NOT BE ALLOWED TO 72ND STREET FROM ANY LOTS ABUTTING SAID STREETS. 2. TYPICAL UTILITY EASEMENTS WILL BE DEDICATED WITH THE FINAL PLAT. STREET 50' REAR YARD 25' SIDE YARD 25' SIDE YARD 25' SIDE YARD Proj No: Date: P /12/2017 Designed By: Drawn By: Scale: JRS JRS 1" = 100' Sheet: 1 of 1 No Revisions Date Description E & A CONSULTING GROUP, INC. Date Description PRELIMINARY PLAT LEE LYNN LOTS 1 & 2 PAPILLION, NEBRASKA Engineering Planning Environmental & Field Services Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Brian Herr 6/9/2017 9:26 AM K:\Projects\2017\103\p01\Plat\Preliminary Design\PP-000.dwg

17 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 followinci information must be provided for the aoplication to be considered complete: APPLICANT INFORMATION: Name: Thomas Pribil tlp5555(a)hotmail.com Address: S 125th Ave. Citv/State/ZiD: Papillion, NE Phone Number: Fax Number: PROPERTY OWNER INFORMATION: (Attach a separate sheet if multiple properties. Name: Thomas & Margaret Pribil E-MaiI: tlp5555@hotmail.com Address: S 125th Ave. Citv/State/ZiD: Papillion, NE Phone Number: Fax Number: PROPERTY INFORMATION: (Attach a separate sheet if needed.) General Location: 7445 Fairview Road Acres: Legal Description: See attached sheet

18 Current Zoning: AG Requested Zoning: RE Source of Services: Water: Well Sewer: Septic Tank Gas: Propane Tank School: SorinQfield/Platteview Please note the followinq procedures: 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 Stgff to enter the propertyjor inspection related to the specific request during this process. ^ L^M^ ^^- ^^- ^^r Owner Signature (or authorized agent) Date

19 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN PART OF THE NE1/4 OF THE NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N87 08'22"E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD; THENCE S02 51'13"E ALONG SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD, A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID WEST RIGHT-OF- WAY LINE OF FAIRVIEW ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF SAID FAIRVIEW ROAD; THENCE N87 08'22"E ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE WEST RIGHT-OF-WAY LINE OF 72ND STREET; THENCE S02 44'17"E ALONG SAID WEST RIGHT-OF-WAY LINE OF 72ND STREET, A DISTANCE OF 1, FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE S87 05'59"W ALONG SAID SOUTH LINE OF THE NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE SOUTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N02 37'05"W ALONG THE WEST LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,676,150 SQUARE FEET OR ACRES, MORE OR LESS.

20 Change of Zone Application 1) Site plan drawings: a) Legal description (see attached) b) Metes and bounds description (See attached Exhibit) c) Floodplain/floodway boundaries (FEMA map 31153C0200G has been supplied) d) Existing Easements (preliminary plat has been supplied) e) Relation to City Limits: i) Property located just southeast of City Limits. ii) Property located within City Jurisdiction 2) Description of operating characteristics and reason for request: This 38 acre site is currently zoned AG and is being farmed. A 3 acre piece of this site will be spilt off and be used as a residential acreage, to be zoned as RE. The rest of the 35 acre site will remain to be used as farm land. The rezoning requested is compatible with adjacent land uses and is consistent with the City of Papillion Master Plan. 3) Written description of use or occupancy of building(s): See above 4) PDF Files for all exhibits submitted: FEMA Map, metes and bounds, preliminary plat PDF s have been supplied. 5) Title Company certified property owners list: 2 sets of mailing labels have been supplied with the Preliminary Plat application. 6) Application fee: See attached. 7) A list with contact information for applicant consultants not listed in the application such as the surveyor, engineer, attorney, etc. Mark Westergard E & A Consulting Group, Inc Mill Valley Road, Suite 100 Omaha, NE (402) mwestergard@eacg.com

21

22 33' 33' 50' NORTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E SOUTHWEST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E 50' 369' 1277' 286' 133' AC. 123' 94' 45' 399' 902' 50' ADDITIONAL RIGHT-OF-WAY DEDICATION 1279' AC. 865' 50.0' DRAINAGE & MAINTENANCE EASEMENT INST. No ' 50' 1276' 50' 50' 50' 50' NORTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E 50' 50' SOUTHEAST CORNER NE1/4 OF THE NE1/4 SEC. 14-T13N-R12E inch = 100 ft. LEGEND BOUNDARY LINE RIGHT OF WAY LINE LOT LINE EASEMENTS LEGAL DESCRIPTION 96TH STREET 84TH STREET FAIRVIEW ROAD PROJECT SITE CAPEHART ROAD PLATTEVIEW ROAD VICINITY MAP A TRACT OF LAND LOCATED IN PART OF THE NE1/4 OF THE NE1/4 OF SECTION 14, TOWNSHIP 13 NORTH, RANGE 12 EAST OF THE 6TH P.M., SARPY COUNTY, NEBRASKA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N87 08'22"E (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD; THENCE S02 51'13"E ALONG SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD, A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF SAID FAIRVIEW ROAD; THENCE N87 08'22"E ALONG SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD A DISTANCE OF FEET TO THE POINT OF INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE OF FAIRVIEW ROAD AND THE WEST RIGHT-OF-WAY LINE OF 72ND STREET; THENCE S02 44'17"E ALONG SAID WEST RIGHT-OF-WAY LINE OF 72ND STREET, A DISTANCE OF 1, FEET TO A POINT ON THE SOUTH LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE S87 05'59"W ALONG SAID SOUTH LINE OF THE NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE SOUTHWEST CORNER OF SAID NE1/4 OF THE NE1/4 OF SECTION 14; THENCE N02 37'05"W ALONG THE WEST LINE OF SAID NE1/4 OF THE NE1/4 OF SECTION 14, A DISTANCE OF 1, FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1,676,150 SQUARE FEET OR ACRES, MORE OR LESS. 72ND STREET 63RD ST 60TH STREET K:\Projects\2017\103\p01\Plat\Preliminary Design\PP-000.dwg Brian Herr 6/9/2017 9:38 AM Revisions Date Description E & A CONSULTING GROUP, INC. Engineering Planning Environmental & Field Services LEE LYNN LOTS 1 & 2 Date Description CHANGE OF ZONE EXHIBIT PAPILLION, NEBRASKA Mill Valley Road, Suite 100 Omaha, NE Phone: Fax: Proj No: Date: P No 06/12/2017 Designed By: JRS Drawn By: JRS Scale: 1" = 100' Sheet: 1 of 1

23 S 72nd St Fairview Rd Area of Application Platteview Rd Lee Lynn PP ; CZ S 75th St -

24 DRAFT MINUTES PAPILLION PLANNING COMMISSION MEETING JULY 26, 2017 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, July 26, 2017 at 7:00 PM. Chairwoman Rebecca Hoch called the meeting to order. Planning Assistant Andrea Blevins called the roll. Planning Commission members present were David Barker, Howard Carson, Raymond Keller Jr., John E. Robinson III, Judy Sunde, Herb Thompson, and Wayne Wilson. Jim Masters and Leanne Sotak were absent. Planning Director Mark Stursma, City Attorney Karla Rupiper, Assistant Planning Director Travis Gibbons, City Planner Michelle Romeo, and Staff Engineer Derek Goff were also present. Chairwoman Hoch led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on July 12, A copy of proof of publication is on file at the office of the City Clerk. Chairwoman Hoch announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Mayor David Black administered the Oath of Office to new Planning Commission member Wayne Wilson. Approval of Agenda Motion was made by Mr. Barker, seconded by Ms. Sunde, to approve the agenda as presented. Roll call: Eight yeas, no nays. Motion carried. Motion was made by Ms. Sunde, seconded by Mr. Barker, to amend the approved agenda to allow agenda items D4a and D4b to be moved up on the agenda to items D3a and D3b. Roll call: Eight yeas, no nays. Motion carried. Approval of the Planning Commission Minutes Motion was made by Mr. Robinson III, seconded by Mr. Barker, to approve the June 28, 2017 minutes. Roll Call: Eight yeas, no nays. Motion carried. FINAL PLATS Final Plat A Final Plat for the property legally described as a tract of land being part of Tax Lot 1, Tax Lot 2A, Tax Lot 2B, and Tax Lot 3A, all located in part of the NE1/4 of the NW1/4 and part of the SE1/4 of the NW1/4, Section 28, T14N, R12E of the 6 th P.M., Sarpy County, NE, generally located northeast of S 108 th St. and Lincoln Rd. The applicant is Woodland Homes, Inc. (Granite Lake (Phase 2)) FP Mark Westergard, Mill Valley Road #100 (Omaha), stepped forward to represent the applicant. He explained that the second phase of the Granite Lake subdivision contemplates 120 single-family residential lots. He noted that Wittmus Drive would not be extended with this phase. Mr. Westergard offered to address any questions or concerns. 1 Planning Commission July 26, 2017

25 Chairwoman Hoch called for discussion amongst the Commission. Mr. Carson expressed that he would not be willing to support projects from the applicant until the silting issue caused by grading within North Shore Commercial is fully repaired. Mr. Westergard stressed that the applicant has been doing his due diligence to correct the issue at North Shore Commercial. Chairwoman Hoch inquired about the lack of a park site on the proposed plan. Mr. Westergard noted the need for a park within this development was eliminated due to Granite Lake s proximity to the proposed WP-7 dam site and a contribution to a splash pad east of Liberty Middle School. Chairwoman Hoch asked staff to address the subdivision s plan for a recreational facility if dam site WP-7 is not constructed. Mr. Stursma explained that staff is confident that dam site WP-7 will be constructed as the land has been acquired and the project is funded. Mr. Barker asked whether a timeline for the construction of WP-7 is in place. Mr. Stursma stated that he was unsure of the construction schedule. With no further discussion, Motion was made by Mr. Robinson III, seconded by Mr. Barker, to recommend approval of the Granite Lake (Phase 2) Final Plat (FP ) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with the Zoning and Subdivision Regulations, contingent upon the resolution of staff comments. Roll Call: Six yeas, two nays by Mr. Carson and Mr. Thompson. Motion carried. PUBLIC HEARINGS Change of Zone A Change of Zone from GC (General Commercial) to AG (Agricultural) for the property legally described as Tax Lot 6B located in Section 9, T13N, R12E of the 6 th P.M., Sarpy County, NE, generally located on the at S 105 th St. The applicant is Ryan Anderson (Tax Lot 6B ). CZ Property owner Tim Barrett, 811 Maple Street (Springfield), stepped forward to represent the applicant. He was joined by Ryan Anderson, 525 E 2nd Street (Alvo, NE). Mr. Barrett explained that the change of zone would allow him to build an outbuilding on the property. Chairwoman Hoch called for proponents and opponents. Kirk and Sonya Holmes, S 105 th Street (Richfield), stepped forward to ask what uses would be allowed on the property with the change of zone. Mr. Stursma reported that changing the zoning from General Commercial (GC) to Agricultural (AG) restricts the number of uses allowed on the property. Mr. Holmes asked whether the change would allow the property owner to build several storage buildings on the property. Mr. Stursma explained that the uses would move from commercial to agricultural. Ms. Holmes asked whether a concrete crushing business would be allowed under the agricultural zoning district. Mr. Stursma answered that a concrete batch plant would not be permitted by right, and that the owner would need a Temporary Use Permit to allow such a use. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. 2 Planning Commission July 26, 2017

26 Mr. Barker asked staff how the land came to be commercially zoned. Mr. Stursma explained that the zoning was converted to commercial when the Richfield was still incorporated as a town site. He added that when Richfield came into Sarpy County s jurisdiction, the zoning was converted to the most similar zoning jurisdiction. The same happened when the area came into Papillion s extraterritorial jurisdiction. He noted the use of the site is agricultural in nature even through it is zoned for commercial use. With no further discussion, Motion was made by Mr. Keller, seconded by Ms. Sunde, to recommend approval of the Tax Lot 6B Change of Zone (CZ ) from GC (General Commercial) to AG (Agricultural) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with the Subdivision Regulations and Zoning Regulations, contingent upon the resolution of staff comments. Roll Call: Eight yeas, no nays. Motion carried. Change of Zone A Change of Zone from GC (General Commercial) to R-1 (Single-Family Residential (Low Density)) for the property legally described as Lots 8 12, Block 6 Richfield, generally located on the NW corner of S 105 th St. and Walnut St. The applicant is Ryan Anderson. (Lots 8-12, Block 6 Richfield) CZ Property owner Tim Barrett, 811 Maple Street (Springfield), stepped forward to represent the applicant. He was joined by Ryan Anderson, 525 E 2nd Street (Alvo, NE). Mr. Barrett explained that he intends to build a home on the property in question. Chairwoman Hoch called for proponents and opponents. Kirk Holmes, S 105 th Street (Richfield), stepped forward express concern about the possibility of an additional home overloading the neighboring well systems. He suggested that the applicant consult a well professional prior to building the home. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. With no further discussion, Motion was made by Mr. Keller, seconded by Ms. Barker, to recommend approval of Lots 8 12, Block 6 Richfield Change of Zone (CZ ) from GC (General Commercial) to RE (Rural Residential Estates) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with the Subdivision Regulations and Zoning Regulations, contingent upon the resolution of staff comments. Roll Call: Eight yeas, no nays. Motion carried. Preliminary Plat A Preliminary Plat for the property legally described as a tract of land located in part of the NE1/4 of the NE1/4 of Section 14, T13N, R12E of the 6 th P.M., Sarpy County, NE, generally located at 7445 Fairview Rd. The applicant is Thomas Pribil. (Lee Lynn) PP Mark Westergard, Mill Valley Road #100 (Omaha), stepped forward to represent the applicant. He noted that Thomas Pribil, the applicant, and Pat Sullivan, the applicant s attorney, were also present. Mr. Westergard explained that Mr. Pribil wishes to sell the homestead and three surrounding acres and keep the surrounding farmland. He added that the applicant was asked to show what future development may look like at the site. He reported that the three acre 3 Planning Commission July 26, 2017

27 tract in the northwestern portion of the lot would be rezoned to RE (Rural Residential Estates), and the remainder would stay AG (Agricultural) and be converted to an outlot on the final plat. Chairwoman Hoch called for proponents and opponents. Pat Sullivan, 1246 Golden Gate Drive, stepped forward to express that the homestead being platted contains a $500,000 home, and as such he does not believe that the house would be demolished to make room for development. He added that the property is being platted in such a way that the home would not disrupt new development. He explained that the plat will allow for a road on the northwestern side of the plat. Mr. Sullivan added that the applicant has no issues with the contingencies listed in the Planning Commission Staff Report. John Werthmann, 1002 S Madison Street, stepped forward to express concern about a different agenda item. He was notified that the item he was speaking on would be heard later in the meeting. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. With no further discussion, Motion was made by Mr. Robinson III, seconded by Mr. Carson, to recommend approval of the Lee Lynn Preliminary Plat (PP ) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with the Subdivision Regulations and Zoning Regulations, contingent upon the resolution of staff comments. Roll Call: Eight yeas, no nays. Motion carried. Change of Zone A Change of Zone from AG (Agricultural) to RE (Rural Residential Estates) for the property legally described as a tract of land located in part of the NE1/4 of the NE1/4 of Section 14, T13N, R12E of the 6 th P.M., Sarpy County, NE, generally located at 7445 Fairview Rd. The applicant is Thomas Pribil. (Lee Lynn) CZ Mark Westergard, Mill Valley Road #100 (Omaha), stepped forward to represent the applicant. He reiterated that the rezoning will only apply to the three acre tract to Rural Residential Estates (RE) and that the rest of the property will remain Agricultural (AG). Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Carson asked Mr. Westergard to confirm whether the three acre parcel was the only portion of the property being rezoned. Mr. Westergard answered in the affirmative. With no further discussion, Motion was made by Mr. Barker, seconded by Mr. Robinson III, to recommend approval of the Lee Lynn Change of Zone (CZ ) from AG (Agricultural) to RE (Rural Residential Estates) because it is generally consistent with the Comprehensive Plan, compatible with adjacent uses, and compliant with the Subdivision Regulations and Zoning Regulations, contingent upon the resolution of staff comments. Roll Call: Eight yeas, no nays. Motion carried. 4 Planning Commission July 26, 2017

28 Preliminary Plat A Preliminary Plat for the property legally described as part of the NE1/4 of Section 34, T14N, R12E of the 6 th P.M., Sarpy County, NE, generally located on the NW corner of Washington St. and HWY 370. The applicant is Royce Enterprises, Inc. (Papillion Commons) PP Larry Jobeun, W Center Road (Omaha), stepped forward to represent the applicant. He noted that Chip James and Bob Begley of Royce Enterprises were in attendance. He also noted that Katie Underwood, Kellen Heideman, and Chris Rolling of Olsson Associates were in attendance. Mr. Jobeun noted that the 110 acre property is located on the northwest corner of 84 th Street and HWY 370. He established that the property has a rolling topography. Mr. Jobeun indicated that the applicant considers the proposed plan to be generally consistent with Papillion s City Center Concept. He noted that the City Center Concept contemplates office, retail, civic, and residential uses, as well as a mixed use building, plaza space, and a park expansion. He pointed out that the development will connect 84 th Street to 90 th Street with the continuation of Cedardale Road. Mr. Jobeun emphasized that the proposed development will be pedestrian friendly with a continuation of the existing trail system on the north side of the development and sidewalks. Mr. Jobeun noted that the project would be developed in two phases. The first phase encompasses a 25 lot mixed use area with three outlots that will provide for detention facilities, trail, and park space. He reported that phase two would encompass Lot 26 (approximately 8.87 acres) on the northwest corner of the development. He summarized that the applicant intends to rezone this lot to Urban Family Residential (R-3) and the owner will possibly donate the lot to a civic entity. Mr. Jobeun presented the site plan and noted that the proposal envisions a mix of commercial retail uses on the east half of the property that are intended to attract mid-range, new to market retailers. He added that the plan also contemplates two hotels with approximately units each, a senior living facility, and apartments with up to 350 units. He suggested that the applicant will likely develop the commercial and office portions of the plan, and sell the multifamily and assisted living components to a different developer. Mr. Jobeun noted that there is approximately 123,000 square feet of office space anticipated on the western portion of the plan and 297,000 square feet of commercial retail. He expressed that the plan also shows three distinct plaza spaces within the development. He shared some examples of the architecture that may be used at the site. Mr. Jobeun indicated that there is a significant sanitary sewer issue to the east and north of the development and that the developer plans replace said sewer with the buildout of this development. He noted that the developer would seek cost sharing from the appropriate agencies to cover the approximately two million dollar cost. Mr. Jobeun confirmed that 90 th Street would be improved to a three lane section from HWY 370 to the edge of the development just south of Woodland Avenue. He explained that the intersection at 90 th Street and HWY 370 would also be improved. He added that the intersection of Cedardale Road and 84 th Street would be improved to allow two left hand turn lanes into the development. Mr. Jobeun pointed out that there are nearly 2,622 residential lots in Papillion s extraterritorial jurisdiction that this development would serve. Chairwoman Hoch called for proponents and opponents. 5 Planning Commission July 26, 2017

29 Eric Borst, 1120 Delmar Street, Unit 4F, stepped forward to express concern about the increased traffic from the site putting too much stress on the culverts running underneath 84 th Street on the north end of the development. He also expressed that there is a need for a buffer between the existing residential and the development. John Werthmann, 1002 S Madison Street, stepped forward to express that he would prefer that the developer not include hotels and apartments in the concept. He noted that the apartments might overload the local school system and increase his taxes. Mr. Werthmann also expressed concern about the potential increase in traffic. Chelsey Kastrup, 1001 S Adams Street, stepped forward to express concern about the potential traffic increase. She added that she would prefer that the development were less dense and that the hotels and apartments be developed in such a way to mitigate the impact to the existing residential. Katie Rainbolt, 1307 Scott Road, stepped forward to express concern about the amount of light, noise, and traffic that would be generated by the development. She voiced that there is a need for a buffer to the existing residential. ShirLee Walsh, 105 Valley Road, stepped forward to express concern about drainage, traffic, and buffers at the site. Leo R. Rivard, 1105 Locust Avenue, stepped forward to express concern about the traffic generation on 90 th Street. He also asked whether his taxes would increase as a result of the sewer upgrade. Patty Falcone, 800 Devon Drive, stepped forward to comment on the density and increased traffic. She noted that the hotels and fast food were unnecessary as similar uses exist nearby. She also expressed the need for a buffer to the existing residential. Gary France, 909 S Fillmore Street, stepped forward to express concern about the additional traffic near Trumble Park Elementary School and possible tax implications. He also asked what type of signalization would be added along 90 th Street. Elizabeth Garvey, 909 Woodland Avenue, stepped forward and expressed concerns about the light pollution, traffic, and density that would be generated by the proposed project. Frederick J. Skinner, 1301 Devon Circle, stepped forward to express concerns about traffic, density, school congestion, tax implications, sewer, and drainage. He expressed opposition to the multiple-family residential, retail, and hotel components. Larry Jobes, 1313 Scott Road, stepped forward to express concern about the additional traffic generation. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Jobeun reiterated that the proposed hotels are relatively small, and that the presented plan is conceptual in nature. He noted that the Mixed Use Development Agreement will help to 6 Planning Commission July 26, 2017