PLANNING COMMISSION STAFF REPORT MAY 27, 2015 AGENDA REVISE ZONING MAP MISC-15-0006 I. GENERAL INFORMATION A. APPLICANT: City of Papillion 122 East Third St. Papillion, NE 68046 B. REQUESTED ACTION: Approval of Ordinance 1716 to revise the Zoning Map for the annexation of the 2015 Annexation Area. II. ANALYSIS AND DEVELOPMENT ALTERNATIVES A. STAFF COMMENTS: 1. Ordinance 1716 will change the official zoning map of the City of Papillion in accordance with Section 205-32 of the Papillion Municipal Code, which allows the City to adopt a zoning map and to apply existing or future zoning regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances, and all other regulatory ordinances of the City of Papillion pursuant to Neb. Rev. Stat. Section 16-901 and to provide for an effective date thereof. 2. A portion of the 2015 Annexation Area is already located within the City s extra-territorial zoning jurisdiction. No conversion of the area s zoning districts is required. 3. A portion of the 2015 Annexation Area is located outside of the City s extra-territorial zoning jurisdiction. Additionally, the City s extraterritorial jurisdiction will expand as a result of the annexation. As such, the zoning for these areas will require a zoning conversion from Sarpy County s zoning districts to the City of Papillion s zoning districts. Per 205-35, the additions shall be zoned according to the zoning district that most nearly resembles either the designated zoning of the previous jurisdiction or the current use of the property. The primary method for conversion is illustrated in the following table. The secondary method for conversion is based on use as some existing uses of property are more consistent with a different zoning district than that identified on the table.
2 Sarpy County Zoning District AG (Agricultural Farming) AGD (Agricultural Development) AGR (Agricultural Residential) RE2 (Residential Estates II) RE1 (Residential Estates I) RS-100 (Single Family Residential) RS-72 (Single Family Residential) RD-50 (Two- Family Residential) RG-35 (Two- Family Residential) RG-15 (General Residential) Papillion Zoning Conversion Notes District AG (Agricultural) Sarpy County AG zoned properties will be converted to AG with the exception of AG (Agricultural) All Sarpy County AGD zoned properties will be converted to AG. RE (Rural All Sarpy County AGR zoned Residential properties will be converted to Estates) RE. RE (Rural All Sarpy County RE2 zoned Residential properties will be converted to Estates) RE. RE (Rural All Sarpy County RE1 zoned Residential properties will be converted to Estates) RE. R-1 (Single- Sarpy County RS-100 zoned Family properties will be converted to Residential Low R-1 with the exception of the Density) Westmont Elementary School (Lot 2 Replat of Lot 1 Block 9 Westmont Addition). This lot will be converted to R-4 because Primary Educational Facilities requires a special use permit in the R-1 District and is permitted by right in the R-2 (Single- Family Residential Medium Density) R-3 (Urban Family Residential) R-4 (Multiple- Family Residential) R-4 (Multiple- Family Residential) R-4 District. Sarpy County RS-72 zoned properties will be converted to R-2 with the exception of the multi-family residential located on Lot 3 Block 8 Westmont Addition. This lot will be converted to R-4 because Multiple-Family Residential is not permitted in the R-2 District and is permitted by right in the R-4 District. All Sarpy County RS-50 zoned properties will be converted to R-3. All Sarpy County RG-35 zoned properties will be converted to R-4. All Sarpy County RG-15 zoned properties will be converted to R-4. May 27, 2015 Planning Commission MISC-15-0006
3 RMH (Mobile Home Residential) BG (General Business) BGH (Heavy General Business) BHS (Highway Service Business) IL (Light Industrial) IGM (General Manufacturing) N/A No properties with the conversion area have RMH zoning. GC (General Sarpy County BG zoned Commercial) properties will be converted to GC with the exception of 1) the BG lots located within the Werner Enterprises campus (Lots 7A and 16, Prairie Corners). Those lots will be converted to LI because the use of the lots is permitted by right in that district and 2) Tax Lot 11A2 26-14-11 (parking for Young Truck and Trailer Repair) wichi will be converted to LI because the Young Truck and Trailer Repair lot (zoned IL) is being converted to LI and the use of Tax Lot 11 is GC (General Commercial) permitted by right in LI District. Sarpy County BGH zoned properties will be converted to GC with the exception of the BGH lots located within the Werner Enterprises campus (Lots 4 6, and 7B, Prairie Corners, Lot 1, Prairie Corners Replat 4, and Lots 1 2, Prairie Corners Replat 5). Those lots will be converted to LI because the use of the lots is permitted by right in that district. N/A No properties with the conversion area have RMH zoning. LI (Limited Industrial) Sarpy County BGH zoned properties will be converted to GC with the exception of the area within Prairie Queen Recreation Area (Annexation Tracts J and N). Those lots will be converted to AG to be consistent with the majority of the tax lots within the Prairie Queen Recreation Area. N/A No properties with the conversion area have IGM zoning. May 27, 2015 Planning Commission MISC-15-0006
4 MU (Mixed Use) MU No properties with the conversion area have MU zoning. It is possible that the Sarpy County Board of Commissioners will approve MU zoning for some areas within the annexation area prior to the annexation becoming effective. If that occurs, those lots will be converted to MU zoning. AP (Airport) N/A No properties with the conversion area have AP zoning. AA (Airport N/A This is an overlay district. No Approach Zone) properties with the conversion PD (Planned Development) PTD (Planned Townhouse Development) FP (Floodplain) CD (Conservation Development) HC (Highway Corridor) BTA (Build Through Acreages) N/A N/A FP/FW (Floodplain/Flood way) N/A HOD (Highway Overlay) area are within the AA overlay. This is an overlay district. No properties with the conversion area are within the PD overlay. This is an overlay district. No properties with the conversion area are within the PTD overlay. This is an overlay district. Properties within the Special Flood Hazard Area (SFHA) will be converted to the FP/FW Overlay District. This is an overlay district. No properties with the conversion area are within the CD overlay. Properties within the I-80, HWY 370, and HWY 50 corridor will be converted to the HOD. N/A This is an overlay. No properties with the conversion area are within the BTA overlay. 4. A number of development applications are pending in Sarpy County. If a change of zone application is approved prior to the effective date of the annexation, the zoning will be administratively converted to reflect that change of zone. III. RECOMMENDATION The Planning Department recommends approval based on consistency with 205-32 of the Zoning Regulations. May 27, 2015 Planning Commission MISC-15-0006
5 IV. COPIES OF REPORT TO: Applicant Public upon request V. ATTACHMENTS: Ordinance 1716 Annexation Exhibits Zoning Map for Converted Areas Section 8 Establishment of Districts (Sarpy County Zoning Regulations) Report prepared by: Mark Stursma, Planning Director May 27, 2015 Planning Commission MISC-15-0006
ORDINANCE NO. 1716 AN ORDINANCE TO CHANGE THE OFFICIAL ZONING MAP OF THE CITY OF PAPILLION IN ACCORDANCE WITH SECTION 205-32 OF THE PAPILLION MUNICIPAL CODE TO ADOPT A ZONING MAP AND TO APPLY EXISTING OR FUTURE ZONING REGULATIONS, PROPERTY USE REGULATIONS, BUILDING ORDINANCES, ELECTRICAL ORDINANCES, PLUMBING ORDINANCES, AND ALL OTHER REGULATORY ORDINANCES OF THE PURSUANT TO NEB. REV. STAT. 16-901 AND TO PROVIDE FOR AN EFFECTIVE DATE THEREOF. WHEREAS, Neb. Rev. Stat. 16-905 provides that the City may, by ordinance, designate its jurisdiction over territory outside of the corporate limits of the City under 16-901 or 16-902 of the Nebraska Revised Statutes by reference to an official zoning map; and WHEREAS, 205-32 of the Papillion Municipal Code 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, Neb. Rev. Stat. 16-902 allows the City of Papillion to designate, by ordinance, the portion of the territory located within two miles of the corporate limits of the City and outside of any other organized city or village within which the City of Papillion will exercise the powers and duties granted by 16-902 to 16-904 of the Nebraska Revised Statutes. THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Papillion, Nebraska, as follows: Section 1: That the extraterritorial jurisdiction of the City of Papillion will be maintained within two miles of the present corporate limits of the City, except to the extent the two mile boundary would cross over I-80 and conflict with the City of Gretna and City of Papillion Boundary Agreement. Section 2: That the zoning map which is prominently displayed in the City Council chambers pursuant to 205-32 of the Papillion Municipal Code should be and is hereby amended to include those parcels and areas annexed by Ordinance No. 1715. Section 3: There is hereby applied to the territory located within two miles of the corporate limits of the City of Papillion as depicted by the jurisdiction map attached hereto the existing or future zoning regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances and all other regulatory ordinances adopted by the City of Papillion to the unincorporated area two miles beyond and adjacent to the corporate boundaries of the City of Papillion with the same force and effect as if such outlying area were in the corporate limits of the City of Papillion, except that this ordinance shall not extend or apply so as to prohibit, prevent or interfere with the conduct of existing farming, livestock operations, businesses, or industry.
Section 4. That attached hereto and incorporated herein by reference is a graphic description of the City of Papillion corporate limits after the adoption of Ordinance No. 1715. Section 5. 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 of the passage of the ordinance by the City Council. PASSED AND APPROVED this day of, 2015., Attest: DAVID P. BLACK, Mayor ELIZABETH BUTLER, City Clerk (SEAL) First Reading: Second Reading: Third Reading:
Portal Rd 132nd St 126th St 120th St 114th St I-80 J H B A I F D Cornhusker Rd G E C L K Lincoln Rd M N HWY 370 ORD 1715 Annexation Tracts 108th St
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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I-80 144th Street/HWY 50!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 132nd Street!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Cornhusker Road Lincoln Road HWY 370!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Schram Road AG!!!!!!!!!! RE R-1!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! R-2 R-3 R-4!!!!!!!!!! GC LI!!!!!!!!!!!!!!!!!!!!!!!!!! Lot!!!!!!!!!!!!!! ETJ Extension to I80 La Vista Current ETJ!!!!!!!!!!!!!!!!!!!!!!!!!!!! Papillion Current ETJ!!!!!!!!!!!!!!!! Capehart Road Springfield Current ETJ Zoning Conversion for 2015 Annexation
SECTION 8 - ESTABLISHMENT OF DISTRICTS 8.1 For the purpose of these Zoning Regulations, that portion of Sarpy County, Nebraska, which is outside the limits of any incorporated city or village, or is outside the zoning jurisdictional limits of any incorporated city or village, and over which such city or village is not exercising such jurisdiction, is hereby divided into the following districts: 8.1.1 AG AGRICULTURAL FARMING DISTRICT Provides for use of land for general agricultural purposes such as farming and the usual buildings and structures; minimum area 20 acres; and, interim uses under special or conditional permits. 8.1.2 AGD AGRICULTURAL DEVELOPMENT DISTRICT Provides for use of land for farming and agricultural-related activities such as elevators and storage, and terminals; minimum lot area of 10 acres; and, interim uses under special permits. 8.1.3 AGR AGRICULTURAL RESIDENTIAL DISTRICT Provides for agricultural, low density, residential development; minimum lot area of 5 acres. 8.1.4 RE2 RESIDENTIAL ESTATE II DISTRICT Provides for single family homes on a minimum of 2 acre lots. 8.1.5 RE1 RESIDENTIAL ESTATE I DISTRICT Provides for single family homes on a minimum of 1 acre lots. 8.1.6 RS-100 SINGLE FAMILY RESIDENTIAL DISTRICT Provides for single-family residential uses; minimum lot area of 10,000 square feet. 8.1.7 RS-72 SINGLE FAMILY RESIDENTIAL DISTRICT Provides for single-family residential uses; minimum lot area of 7,200 square feet. 8.1.8 RD-50 TWO-FAMILY RESIDENTIAL DISTRICT Provides for two-family residential uses; minimum lot area of 5,000 square feet per living unit. 8.1.9 RG-35 GENERAL RESIDENTIAL DISTRICT Provides for multi-family residential uses; minimum lot area of 3,500 square feet per living unit. 8.1.10 RG-15 GENERAL RESIDENTIAL DISTRICT Provides for multi-family residential uses; minimum lot area of 1,500 square feet per living unit.
8.1.11 RMH MOBILE HOME RESIDENTIAL DISTRICT Provides mobile home parks placement of one or more mobile structures on a zoned lot. 8.1.12 BG GENERAL BUSINESS DISTRICT Provides for a wide range of related business activities such as construction, repair, garages, building materials and similar establishments. 8.1.13 BGH HEAVY GENERAL BUSINESS DISTRICT Provides for business establishments closely related to light industrial operation. 8.1.14 BHS HIGHWAY SERVICE BUSINESS DISTRICT Provides for business and service establishments that require greater land area and highways or other arterials to do business. 8.1.15 IL LIGHT INDUSTRIAL DISTRICT Provides for commercial and light industrial uses meeting comparatively rigid environmental specifications as to nuisance-free performance. 8.1.16 IGM GENERAL MANUFACTURING DISTRICT Provides for the widest range of industrial and manufacturing activities which perform under environmental Protection Agency specification and are reasonably nuisance-free. 8.1.17 MU MIXED USE DISTRICT Provides for accommodation of projects which combine several compatible land uses into an integrated development. The MU District may also be used to designate parts of the County which is appropriate for a mixture of residential, commercial, office, and accessory uses. 8.1.18 AP AIRPORT DISTRICT Provides for airport facilities. 8.1.19 AA AIRPORT APPROACH ZONE DISTRICT Provides an appending district for limited land uses and low density uses within the airport approach zones on either side of the centerline of the run-way extended. 8.1.20 PD PLANNED DEVELOPMENT DISTRICT An appending or combining district designated to provide for an unusual or different arrangement of residential, business, or industrial uses in accordance with an approved development plan. 8.1.21 PTD PLANNED TOWNHOUSE DEVELOPMENT
An appending district designated to provide for innovative platting of lots and sublots of residential uses. 8.1.22 FP FLOOD PLAIN DISTRICT An appending district designated to provide for restrictive land use and construction within a designated flood plain. 8.1.23 CD CONSERVATION DEVELOPMENT OVERLAY DISTRICT Provides for the use of conservation techniques by which new residential developments permanently designate a portion of the total parcel to open space conservation areas. 8.1.24 HC HIGHWAY CORRIDOR OVERLAY DISTRICT Provides for the basic guidelines that promote quality design along the most visible and heavily traveled road corridors in the Sarpy County zoning jurisdiction: Highway 370, Highway 50, Interstate 80, Platteview Road, Highway 31, and Highway 75. 8.1.25 BTA BUILD THROUGH ACREAGES It provides for the eventual transition of the previously developed acreage subdivision to higher densities when the extension of urban services occurs.