SARPY COUNTY PLANNING COMMISSION MINUTES OF MEETING l. CALL MEETING TO ORDER A meeting of the Planning Commission of Sarpy County, Nebraska was convened in open and public session at the call of Chairman Tom Ackley at 7:00 P.M. at the Sarpy County Courthouse in Papillion, Nebraska. Chairman Ackley noted that this meeting is being held in accordance with the Nebraska Open Meetings Act a copy of which is posted on the north wall of the Sarpy County Boardroom. Roll call attendance was taken followed by the Pledge of Allegiance. Present: Mike Sotak, Jan Davis, Michael George, Tom Ackley, Charly Huddleston, Marty Giff, Gayle Malmquist, and Pat Lichter. Absent: Jerry Torczon, Doug Whitfield, and Deanna Korth. 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 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 Pat Dowse, Chief Deputy County Engineer. ll. CONSENT AGENDA 1. Approval of Minutes from the October 17, 2017 meeting. MOTION: Lichter moved, seconded by George, to approve the Consent Agenda as submitted. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. lll. REGULAR AGENDA 1. PUBLIC HEARING AND RECOMMENDATION: Sarpy County Planning Department requests approval of a text amendment to the following section of the Sarpy County Subdivision Regulations: Section 10 Minimum Design Standards. Bruce Fountain, Planning Director, presented the proposed text amendment as described in the Planning Department s Recommendation Report and shown in Attachment A of that report. Mr. Fountain explained that the recommended change is due to the inadvertent omission of the design requirements for cul-de-sac streets when the Subdivision Regulations were last amended in July 2017. The language being reinserted in Section 10.2.14 of the Subdivision Regulations is the same language that was in the regulations prior to the July 2017 amendment: 10.2.14 Cul-de-sac streets shall a right-of-way diameter of 110 feet at their terminal end, a pavement turn around diameter of 80 feet, and a maximum length of 600 feet. Chairman Ackley opened the Public Hearing on this request at 7:07 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 7:07 p.m.
MOTION: Malmquist moved, seconded by Lichter to recommend APPROVAL of the proposed text amendment to the following section of the Sarpy County Subdivision Regulations: Section 10 Minimum Design Standards. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. 2. PUBLIC HEARING AND RECOMMENDATION: Tabled from the October 17, 2017 meeting. Applicant has requested this item be Tabled to the January 16, 2018 meeting. River Oaks Development LLC has submitted an application for consideration of a Final Plat of a subdivision to be known as River Oaks, Lots 193-236 and Outlots O & P (Phase 3), for a tract of land being part of Tax Lot 1, a tax lot located in part of the SE1/4 of Section 17, and also part of the SE1/4 of the NE1/4 said 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 & Harrison Streets. Chairman Ackley stated there is a request from the applicant to table this item again to the January 16, 2018 meeting of the Planning Commission. MOTION: Sotak moved, seconded by Davis to TABLE this item to the January 16, 2018 meeting of the Planning Commission. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. 3. PUBLIC HEARING AND RECOMMENDATION: Tabled from the October 17, 2017 meeting. Alan Hans has submitted applications for consideration of a Change of Zone from AG to RE2 and a Preliminary Plat of a subdivision to be known as River Ranch, Lots 1 9 and Outlot A, being a platting of Tax Lot T2, a tax lot located in the NW1/4 of Section 11, together with Tax Lot P3A a tax lot located in the SW1/4 of said Section 11, also together with Tax Lot 13A, a tax lot located in the SE1/4 of Section 10, all located in Township 12 North, Range 11 East, of the 6 th P.M., Sarpy County, NE. Generally located northwest of Highway 50 and Riha Road. Chairman Ackley noted that the commission received one additional correspondence, a memo dated from Pat Dowse, Deputy County Engineer. Bruce Fountain, Planning Director, said this application is proposing nine lots of 2-3 acres in size and one outlot on this approximately 22 acre site. All lots will be accessed from a new cul-d-sac street coming off of Riha Road. Mr. Fountain pointed out that portions of the site have been identified as environmentally sensitive areas (the slopes and the woodland areas along the street frontage). Staff asked the applicant to verify that less than 15% of the entire site is encumbered by environmentally sensitive areas as required by the Comprehensive Plan. Mr. Fountain presented the survey submitted by the applicant signed and sealed by a professional civil engineer indicating that the woodland areas and the slopes total 13.7% of the site which is under the 15% threshold requirement. Mr. Fountain said the new cul-de-sac street is 889 feet in length and the applicant is requesting a waiver of the Subdivision Regulations to allow that distance. Staff believes a waiver of the 600 foot cul-de-sac length requirement is reasonable for this project. Staff did not want to see another intersection added onto Riha Road in that area due to safety concerns and a connection to Riha Road would require the removal of large portions woodland areas on the site. Mr. Fountain reported that in conversations with the Springfield Fire Chief he was not opposed to the longer cul-de-sac as long as the turnaround radius was large enough for their tanker trucks to maneuver. Sarpy County Public Works has stated that they do not have any issues with the length of the culde-sac.
Mr. Fountain stated that water for all lots within this development will be served by a common well located on Outlot A. He read the following from the Planning Department s Recommendation Report: There has been a question arise from an area resident regarding requirements for fire hydrants within all new subdivisions (see attached letter from James Jaros dated November 3, 2017). Section 12.10 of the Sarpy County Subdivision Regulations states 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. The County has consistently interpreted adequate water main supply system to include private (individual), community and municipal water systems. In addition, it has consistently been interpreted that fire hydrants shall be shown on the water utility plan IF they are required by the County. Current County subdivision regulations do not provide a minimum or maximum number of lots in which fire hydrants shall be required. The County, in consultation with area fire departments, has only required fire hydrants within suburban density subdivisions with municipal water service or rural acreage subdivisions with a large number of lots that are connected to a municipal or community water system. Examples of such subdivisions include Meadow Oaks, Cheyenne Country Estates, Lake Ridge Estates, and Cinnamon Acres. Smaller rural acreage subdivisions have not been required to have fire hydrants. Examples of such would be Little Prairie, Prairie Ridge, Fairview Heights, Hidden Valley Ranches, and other smaller subdivisions south of Platteview Road along 57 th Street and 63 rd Street. Further research has provided clarification of Title 178, Private Water Systems and Title 179, Public Water Systems. A water system is considered to be private if it meets one of the following criteria: 1) serves 24 or fewer residents; 2) is used less than 60 days a year; or 3) has less than 15 hookups. If it does not meet the criteria for a private water system, it is considered to be a public water system and must meet the regulations of Title 179. Title 179 has minimum requirements for a public water system, one being a distribution system. Such a distribution system must provide for fire hydrants. The well and water system must be approved by the Nebraska Department of Health and Human Services (NDHHS) prior to activation. While staff believes the language within the County s Subdivision Regulations is not well written and is left open to varying interpretations, we believe the County has been consistent in its implementation regarding the requirement of providing fire hydrants. Based on this consistent implementation, staff does not believe fire hydrants should be required for this subdivision unless the Nebraska Department of Health and Human Services determines it to be a public water system. Mr. Fountain said sanitary sewer will be provided by an on-site wastewater treatment system located on Outlot A and serving all nine lots. Title 124, On-Site Wastewater Treatment Systems, regulates the installation and use of such a system. Title 124 will require the system to be engineered and approved by the Nebraska Department of Environmental Quality (NDEQ) prior to construction. Mr. Fountain added that this application is for approval of a preliminary plat so the engineering work and the approvals from the State of Nebraska are yet to come and will need to be submitted with the final plat. Mr. Fountain said another waiver that the applicant has requested is to allow for a rural drainage system which would be an open ditch type system that is seen in rural subdivisions throughout the County. Public Works would have no objection to this waiver provided the drainage conveyances are properly designed and that clarification will be required to be submitted with the final plat.
Mr. Fountain pointed out that the Planning Department s Recommendation Report further provides details on how this subdivision meets various policies and goals of the Comprehensive Plan. With that, staff recommends approval of the Change of Zone from AG to RE2 as the proposal is consistent with the Sarpy County Comprehensive Plan and the requirements of the Zoning Regulations. Staff also recommends approval of the Preliminary Plat with approval of the requested waivers, as the proposal meets the requirements of the Sarpy County Zoning and Subdivision Regulations. Mark Westergard, E & A Consulting Group, 10909 Mill Valley Road, appeared on behalf of the applicant and spoke in support of the applications. Chairman Ackley opened the Public Hearing on this request at 7:28 p.m. Phil Wagner, 20206 Crest View Drive, stated the Meadow Oaks subdivision is served by a public water system with fire hydrants and individual septic tanks. Their water system is supplied from two (2) wells located to the east and south of the proposed community septic and lateral field being proposed in Outlot A. He noted that there are other private wells located nearby (Nathan Jensen across the street, Chad Nolte to the west, and David Carlson to the east). The concern is that a large septic system serving 9 residences could possibly contaminate the only water source for these existing water wells. Over 80 houses are totally dependent on two wells that are near where the proposed septic field will be located. Mr. Wagner further addressed the drainage off of the subject site. Currently there is a ditch north of Riha Road that captures the drainage from the subject site and the land the west. The water is supposed to flow in an easterly direction along the north side of Riha Road and eventually flow into the creek that flows under Highway 50 at the intersection of Highway 50 and Riha Road. The current problem is that the north ditch is relatively flat and water just sits in the ditch and eventually overflows Riha Road. Also, a lot of sediment comes off of the adjacent land and this eventually silts in the ditch. The Sarpy County road maintenance works routinely to clean out the ditch so that the water does not flow over Riha Road. The concern is that the current drainage problem along Riha Road will only get worse when a paved street, paved driveways and roof runoff are added. The current drainage problem in the ditch should be addressed before any additional drainage is added to the ditch. Mr. Wagner submitted written concerns from the Meadow Oaks subdivision about the proposed River Ranch Subdivision stating additional concerns about access, fire protection, land slope and required minimum lot frontages. In response to the concern about the lot frontages in the proposed subdivision not meeting the criteria of the RE2 zoning district, Bruce Fountain, Planning Director, stated that the revised plan does show that all lots meet the required 100 foot width at the setback line, noting that there was only one lot that initially did not meet that requirement. Randy Beets, 16002 Ramblewood Drive, resident of Meadow Oaks and representing SID Board 79, said the SID is concerned about wellhead protection, both from the well and the proposed sewage system in this subdivision. Mr. Beets said the SID is servicing 80 customers (75 in Meadow Oaks and 5 outside) with their two wells and in the peak season are pumping 2.5 million gallons per month. Their wells are regulated by the State of Nebraska who makes inspections and takes water samples every month. He questioned if the applicant s proposed water system will be under the same scrutiny. Mr. Beets also noted that there are three other private wells in addition to the two SID wells in close proximity. The SID is also concerned about where the waste water from this subdivision will end up adding that the SID cannot afford to have either of their wells shut down because they do not meet water quality standards.
With no one else coming forward, Chairman Ackley closed the Public Hearing 7:42 p.m. Planning Commission Mark Westergard said the comments with respect to separation from a public water system are valid and this will need to go through the State of Nebraska Department of Environmental Quality procedures. If the system that is proposed is not acceptable, or poses a threat, or is located in an area where the required separations from a public water system are not met, they will be going back to the drawing board. At this time, Mr. Westergard said he thinks the 1.1 acre lot in this subdivision is sufficient to do a common septic field, but they have yet to do a detailed design. Mr. Westergard stated that this subdivision is at the preliminary plat stage and the applicant is asking for the ability to go through the process to make sure the criteria can be met, understanding that those details will need to be ironed out prior to this coming back for a final plat. In regard to the drainage issue, Mr. Westergard said he does not think it is a problem with the capacity of the ditch itself along Riha Road but that there is a downstream culvert that has some issues, and that issue should be addressed by the County. Pat Dowse, Chief Deputy Engineer, said he was not aware of any issues but would discuss this with the highway crew. Donna Lynam, Assistant Planning Director, stated that Title 124 regulates onsite waste water septic systems both private and a common system. The system for this subdivision will have to be an engineered system and they will also need to take into consideration any well head protections that might be in the area. There are setback distance requirements that have to be met from an existing public or private water system and those distances will be looked at not only by the State, but also by Planning Department staff. Bruce Fountain, Planning Director, added that that there is a wellhead protection area on the Meadow Oaks wells and the State of Nebraska designates those in working in conjunction with the SIDs. He noted, however, that the County does not want to inundate the area with nine individual septic tanks and wells either. Sotak said, in addition to the normal NDEQ regulations, this area is a Hydrologically Connected Area (HCA) to the Platte River so it will be scrutinized at a pretty high level of detail given where it is located. If there is anything wrong it is going to come out in the design. The applicant still has the burden of proof with NDEQ to make this work. In addition, Sotak believes there are existing regulations in place to protect surrounding development. The Meadow Oaks subdivision has been around for decades and there is a good baseline of information and records to provide what is going on now. So, if there is a problem in the future with Meadow Oaks wells, it is not going to be very hard to figure out where the problem came from. Patty Miller, resident of Meadow Oaks, questioned how a problem with water contamination might be remedied. Sotak said there would probably be an executive order from NDEQ to shut down the use of the offending septic system and the owner would have to come up with another plan. Sotak added that if the applicant gets a septic system approved within the HCA of the Platte River then they have covered all of their basis as it will not be an easy task. Mr. Fountain reiterated that this request is for preliminary plat approval only. The applicant wants to know that their general concept is acceptable before they spend time and money on all of the engineering. The applicant will come back before the Planning Commission with the final plat sometime in the future.
MOTION: Sotak moved, seconded by Malmquist to recommend APPROVAL of the application for a Change of Zone from AG (Agricultural Farming District) to RE2 (Residential Estates 2 acre minimum) for the proposed subdivision to be known as River Ranch. This recommendation is being made as the proposal is in compliance with the Sarpy County Comprehensive Plan and the requirements of the Sarpy County Zoning Regulations. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. MOTION: Sotak moved, seconded by Malmquist to recommend APPROVAL of the Preliminary 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 Planning Department s Recommendation Report with 1) a waiver of the 600 cul-de-sac length due to safety concerns about a connection to Riha Road and for preserving the environmentally sensitive areas, and with the cul-de-sac reviewed and approved by Sarpy County Public Works Department; and 2) waiver of the curb, gutter and sidewalk requirements, subject to review and approval of a hydrologic and hydraulic study by Sarpy County Public Works Department, because it is consistent with surrounding developments. This recommendation is being made as the Preliminary Plat meets the requirements of the Sarpy County Zoning and Subdivision Regulations and furthers the goals and policies of the Comprehensive Plan. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. PUBLIC HEARING AND RECOMMENDATION: Frank Sladek has submitted an application for consideration of a Special Use Permit in the AG Agricultural Farming District to allow a commercial recreation and camping area at 11303, 11411, and 11431 Buffalo Road, legally described as Tax Lots E1, E2, E3, all in Section 32, Township 13N, Range 12E of the 6 th P.M. Sarpy County, NE. Generally located southeast of 120 th Street and Buffalo Road. Chairman Ackley noted that two additional emails with this application. Donna Lynam, Assistant Planning Director, said the subject 7 acre sited is zoned AG and is located 100% within the floodway. The surrounding areas are all zoned Agricultural and Agricultural-Flood Plain. The area is designated as Residential Estates in the Future Land use Map. Ms. Lynam provided the following relevant information: The property currently has 26 leased recreational vehicle sites. The property has operated as a seasonal recreational area for many years. The applicant is working with Sarpy County to bring the property into compliance with current zoning regulations and building codes. Code requires that all RV and appurtenant structures that prohibit flow to be removed from the Flood Plain from October 31 to April 1 of each year. Any existing appurtenant structures prohibiting flow must be rectified so that they can be removed from the area as required by code. The RV sites are served with individual water. Each RV contains their own wastewater storage tank which are emptied weekly by a contracted pumping service. According to the Flood Insurance Rate Maps (FIRM) issued by the Federal Emergency Management Agency (FEMA), the majority of the property is located in the Flood Way of the Platte River and will have to comply with all applicable regulations in Section 30 of the Sarpy County Zoning Regulations, Flood Plain Regulations. Any man-made improvements to the land or any new/existing structures/camping sites located within the designated Flood Plain will require the approval of a Flood Plain Development Permit prior to making any such improvements pursuant to Section 30 of the Sarpy County Zoning Regulations.
Ms. Lynam said after reviewing the application staff provides the following comments: For public health and safety reasons, staff recommends that the applicant consider future construction of a facility to serve as a storm shelter for use during severe weather situations. With limited access to the site and without the ability for any additional access points, staff recommends that the pad sites for this area be limited to 26. Any man made improvements to the site and all activities occurring on the site must meet the rules and regulations of local, state and federal requirements which include the Zoning and Flood Plain Regulations. Applicant must accompany Sarpy County Planning Department staff on an annual inspection of the property during the month of November. Provide access for emergency response staff. (Sarpy County Sheriff and Springfield Fire and Rescue) To allow access for emergency vehicles, interior roads must be a minimum of 10 feet wide per traffic lane with an additional 8 feet if parallel parking is allowed, must maintain a 30 foot internal radius, and trees and brush must be kept clear to the side and above the roads (minimum clearance of 16 feet above the roadway surface). The applicant has submitted an Emergency Action Plan for the property but the Papio- Missouri NRD would like to have additional details on addressing how the recreational vehicles could be removed during a flood event or if they are anchored to prevent flotation, and how they are anchored. Ms. Lynam referred to the written comment received from an adjacent property owner, Jeffrey Dolezal, regarding setback requirements, the construction of a shed without proper permits, and a gated easement that he has to use to access his property on the west side of the Sladek properties. Ms. Lynam said if there are buildings without the proper approvals, staff would recommend that the applicant bring the property into compliance before this application is considered by the County Board. If the property is in compliance, staff recommends approval of the Special Use Permit for the operation of a Commercial Recreation and Camping Area in the AG-FP (Agricultural/Flood Plain) zoning district to allow for 26 pad sites for recreational vehicles meeting the conditions as stated above and further noted in the Planning Department s Recommendation Report. Staff makes this recommendation as the request is in conformance with the Sarpy County Zoning Regulations and Future Land Use Map. Steve Sladek, appeared on behalf of the applicant in support of this request. Mr. Sladek said in the event of a flood warning their protocol would be to contact all campers immediately and if they are unable to remove their vehicle within a timely manner they have the equipment to move them off-site. He said all campers can be stored at the Riha Farm across Buffalo Road which outside of the floodway. Mr. Sladek questioned how they would be allowed to build a storm shelter if their entire property is in the floodway? Ms. Lynam replied that they would work with FEMA to work something out if necessary. In response to Mr. Dolezal s email, Mr. Sladek said access to their property is via an easement given to them by Frank Riha that wraps all the way around the outside of their property on the north and directly ties in with Mr. Dolezal s property to the west. Gates have been placed throughout this easement to eliminate trespassers as well as vandalism of their campers. He said Mr. Dolezal does have a key to access their main gate to use the road to get to his property and that easement is unobstructed and maintained.
As it relates to the setback requirement, Mr. Sladek said the structure referred to as the shed is actually a carport. He said they would be happy to move the carport back 5 feet off of the front of Mr. Dolezal s house, but feels that a 30 foot clearance from his front deck is sufficient. Mr. Sladek noted that the camper pad on that site is in that position currently because there is an old creek bed that runs through that site and it holds water when there is moisture, so there would be an issue with having a camper sit in an old creek bed. Chairman Ackley opened the Public Hearing on this request at 8:10 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 8:10 p.m. Discussion continued about the location of the carport adjacent to the Dolezal property and the setback requirements of this area. Donna Lynam, Assistant Planning Director, stated that any manmade structure that happens in the flood plain is required to get a flood plain development permit and a building permit. She confirmed that the carport structure is new and that there is not a building permit on file. The applicant will need to get a permit for that structure to make sure the setbacks are being met. However, she noted that the setbacks in the AG zoning district are 100 on the front, 50 side, 25 on the rear and that is for any permitted use. Ms. Lynam said this is a Special Use Permit so conditions such as setback requirements from any property line can be recommended. Sotak said it appears there are a list of items to be taken care of with this application and he does not see how he can make a recommendation without further information. He noted that an aerial map showing the property lines and the distance from the property lines to the existing structures would be beneficial in this case. MOTION: Sotak moved, seconded by Lichter to TABLE this application for a Special Use Permit to the January 16, 2018 meeting of the Planning Commission, pending the following, 1) upgrade of the Emergency Response Plan to address the comments of Papio-Missouri Natural Resource District, 2) continued work on the carport issue adjacent to Mr. Dolezal s property, 3) continued work with the Planning Department on permitting the structures within the flood plain, and 4) provision of an aerial map showing the property lines, and the distance from the property lines to the existing pad sites and structures. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. 4. PUBLIC HEARING AND RECOMMENDATION: Richland Homes, LLC has submitted an application for consideration of a Final Plat of a subdivision to be known as Hills of Aspen Creek (formerly Aspen Falls), Lots 1 472, inclusive and Outlots A through O, inclusive, being a platting of Tax Lot 1A1 and Tax Lot 1A2 located in the Southeast Quarter, together with Tax Lot 6 located in the South Half of the Northeast Quarter, all in Section 20, Township 14 North, Range 11 East, of the 6 th P.M., Sarpy County, NE. Generally located northwest of 180 th Street and Cornhusker Road. Donna Lynam, Assistant Planning Director, said this is a request for approval of a Final Plat for a 472 lot urban residential subdivision to be known as Hills of Aspen Creek (the Preliminary Plat was approved as Aspen Falls) on an approximately 156 acre site. The Change of Zone to RS- 72, RD-50 and RD-50 PD was approved with the Preliminary Plat and will become effective with the filing of the Final Plat. The Future Land Use Map classifies the site as Low to Medium Density Residential and Parks, Recreation, and Open Space (within the power line easement running through the area).
Ms. Lynam said the surrounding properties to the south and east have been approved for low to medium density residential subdivisions (Bridgeport and Palisades West) which will be zoned RS- 72 and RS-100 once the final plats are recorded. The properties to the north and west are currently zoned agricultural and being farmed with row crops. Future Land Use for the property to the north is Business Park and Low to Medium Density Residential and Parks, Recreation and Open Space for the property to the west. The parcels located at the northwest corner of 180 th Street and Cornhusker Road and the parcels located at the northeast corner of future 186 th Street and Cornhusker Road are not a part of this current project. However, the applicant has submitted plans on how those parcels could be incorporated into the overall development in the future. Ms. Lynam said the applicant proposes to construct a linear park within the 150 foot wide power line easement running east to west through the site. This will include a trail system connecting the neighborhood to other future trails in the area. The proposal includes a 20 foot deep landscaped easement along the adjacent County roadways to buffer the residential properties from the corridors. This landscaped buffer must be maintained at all times and no structures or fences shall be placed within the buffer. Ms. Lynam said the proposed access points to the subdivision are as follows: One access point from 180 th Street to the east and will align with Palisades Drive in the Palisades West Subdivision. Two access points from Cornhusker Road to the south (S. 181 st St. and S. 184 th St.) that will align with access to the Bridgeport Subdivision to the south. One or the other may be restricted to less than full movement in the future due to traffic, safety or other unforeseen issues not currently contemplated. Access restrictions at that time will need to be coordinated with the Bridgeport SID as well. One access point to the north (S. 184 th St.) to connect to future development. One access point to the west (Palisades Drive) to connect with future S. 186 th Street. Ms. Lynam noted that a signed copy of the approved Waste Water Service Agreement with the City of Gretna will need to be submitted prior to this application being considered by the County Board. Ms. Lynam said the Planning Department recommends approval of Final Plat of a subdivision to be known as Hills of Aspen Creek, Lots 1-472 and Outlots A-O, subject to the comments contained within the staff s Recommendation Report, as the proposal meets the requirements of the Sarpy County Zoning and Subdivision Regulations and furthers the goals and policies of the Comprehensive Plan. Pat Sullivan, attorney for the developer, spoke in support of this application. Mr. Sullivan clarified that the proposed linear park is actually 250 feet wide, even though the easement is 150 foot, and is about 10 acres in size. In response to concerns raised at the last meeting, Mr. Sullivan said there have been slight adjustments made to the plat. The 3:1 plus 20 slope adjacent to the creek encroached a bit on some of the lots, so a few lot lines have been moved so that the 3:1 plus 20 would be completely outside of the lots and fully contained within the outlot. Additionally, some drop structures have been added to reduce degradation of the stream. Chairman Ackley opened the Public Hearing on this request at 8:37 p.m. With no one coming forward, Chairman Ackley closed the Public Hearing at 8:37 p.m. George questioned if all of the erosion concerns have been resolved.
Pat Hillyer, Lamp, Rynearson & Associates, stated that a full topo was done to get the more accurate 3:1 plus 20 in the cul-de-sac area in the northeast. Consequently, the cul-de-sac (180 th Avenue Circle) had to go from an offset cul-de-sac to a straight cul-de-sac to ensure the out lots are out of that. The Source and Use of Funds includes three (3) drop structures to have more grade control and to reduce the degradation of the stream. In addition, Mr. Hillyer said a geotechnical firm is providing extra borings adjacent to the stream so any soils issues can be addressed. Sotak noted that there is a history of problems with the soils in subdivisions in this part of town and he thinks the development will be faced with some challenges. But, he said the steps that have been taken by the developer are steps in the right direction, i.e. the sewer has been moved outside of the 3:1 plus 20. Sotak said, in his opinion, the 3:1 plus 20 is a guideline, not a hard rule, and is probably not sufficient in areas of highly erodible soils and there are some in the area. MOTION: George moved, seconded by Lichter to recommend APPROVAL of the application for a Final Plat of a subdivision to be known as Hills of Aspen Creek. This recommendation is being made as the Final Plat is in compliance with Sarpy County Comprehensive Plan and the requirements of the Sarpy County Zoning and Subdivision Regulations. Ballot: Ayes Sotak, Davis, George, Ackley, Huddleston, Giff, Malmquist and Lichter. Nays: None. Abstain: None. Absent: Torczon, Whitfield, and Korth. Motion carries. IV. CORRESPONDENCE AGENDA 1. Commissioner s Reports No reports this meeting. 2. Planning Director s Report Mr. Fountain reported that the following items have been approved by the County Board: The text amendments to the following sections of the Sarpy County Zoning Regulations: Section 1 General; Section 3 General Requirements; Section 28 Planned Development District (PD); Section 30 Flood Plain District; Section 31 CD Conservation Development Overlay District; Section 33 Build Through Acreages; Section 36 Wireless Tower Regulations; Section 43 Amendments and Rezoning; Section 44 Definitions. The Change of Zone from AG to RS-72, RD-50 and RD-50PD and Preliminary Plat application submitted by Richland Homes, LLC for the subdivision to be known as Aspen Falls; generally located northwest of 180 th Street and Cornhusker Road. Mr. Fountain announced that the December 19, 2017 Planning Commission meeting has been cancelled due to no applications, and the next meeting of the Planning Commission will be on January 16, 2018. V. ADJOURNMENT There being no further discussion, Chairman Ackley adjourned the meeting of the Planning Commission at 8:45 p.m. Tom Ackley, Chairman Kelly Jeck, Recording Secretary