DRAFT
PAPILLION PLANNING COMMISSION MEETING
AUGUST 26, 2009
The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, August 26, 2009 at 7:00 PM. Chairman Mallorycalled the meeting to order. Planning Assistant Michelle Wehenkel called the roll. Planning Commission members present wereHoward Carson, Ken Melhus,Jan Sanderson, and Jim Smith. Rebecca Hochwas absent. David Barker joined the Commission at 7:02 PM. Judy Sunde joined the Commission at 7:05 PM. There is one vacancy on the Planning Commission at this time. Planning Director Mark Stursma, City Planner Brian Craig,City Engineer Art Beccard and City Attorney Michael Schirberwere also present.
Notice of the meeting was given in advance by publication in the Papillion Times on August 13, 2009. A copy of proof of publication is on file at the office of the City Clerk.
Chairman Mallory led those present in the Pledge of Allegiance.
Chairman Mallory announced that a copy of the Open Meetings Act is posted in the City Council Chambers.
Approval of Agenda
Motionwas made byMr. Smith, seconded byMr. Melhus, to approve the agenda. Roll call: sixyeas, no nays. Motion carried.
Approval of the Planning Commission Minutes
Motion was made byMs. Sanderson, seconded by Mr. Smith, to approve the 7/29/09 minutes. Role Call: six yeas, no nays. Motion carried.
FINAL PLAT
Final Plat - To consider a final plat for the property legally described as a replat of Lots 4A1A and 4B, Huntington Park, a subdivision as surveyed, platted, and recorded in Sarpy County, NE, generally located at 11111 S. 84th St. The applicant is Alegent Health. FP-09-0001
Chairman Mallory called for the applicant for the final plat. Gordon Malm, 14929 Burt Dr. (Omaha), Director of Facility Planning for Alegent Health, stepped forward as representative for the applicant. He advised that final plat supports Alegent Health’s data center project. He noted that the purpose of the data center is to support the hospital system. The data center will be located on the southeast corner of the MidlandsHospital campus. Mr. Malm stated that the data center is a joint venture between Alegent Health and CoSentry. They are proposing to divide off the data center lot so it can be purchased by the joint venture. He explained that Alegent Health has a 51% share in the joint venture. Mr. Malm advised that Outlot A was proposed to maintain access to Lot 2, which is where the data center will be located. The segmenting of the lot due to the addition of Outlot A led to the creation of Lot 3. Mr. Malm indicated that Alegent Health’s master plan does not have any plans identified for Lot 3. At this time, the hospital is not growing in that direction. He noted that Lot 3 may be used as a parking area in the future.
Ms. Sanderson noted that she visited the site. She asked if the curved drive is the boundary for Lot 2. Mr. Malm advised that the boundary is placed along the existing road to give Lot 2 the required area needed for the structure and parking lot.
Ms. Sanderson asked if CoSentry is a for profit business. Mr. Malm confirmed that it is a for profit business.
Ms. Sanderson asked if CoSentry has a 49% share in the joint venture. Mr. Malm confirmed that CoSentry’s share is 49%.
Ms. Sanderson asked if CoSentry would service clients other than Alegent Health. Mr. Malm explained that CoSentry will have two bays in the data center that can be used for other clients. He advised that half of the data center is reserved for Alegent Health’s use.
Ms. Sanderson asked if Mr. Malm envisioned the percentage of use of space would change. Mr. Malm indicated that Alegent Health and CoSentry each have one bay allocated to them with a second bay reserved for expansion. He advised that the data center has additional capacity built into the design. He indicated that it would be unlikely that Alegent Health would need less capacity.
Ms. Sanderson asked if the intent was for the data center to always be used for Alegent Health. Mr. Malm confirmed that the data center will always be used for Alegent Health. He indicated that Alegent would buy out CoSentry if their needs change.
Mr. Melhus asked if there would be any special tax considerations since Alegent Health is a nonprofit organization and CoSenty is a for profit organization. Chairman Mallory deferred the question to Mr. Schirber. Mr. Schirber advised that he did not know the tax implications. Chairman Mallory deferred the question to Mr. Stursma. Mr. Stursma advised that the tax situation would be handled by the county. He noted that the tax situation would not impact the platting process.
Ms. Sanderson asked Mr. Beccard if the regulations would be the same for a nonprofit organization and a for profit organization. Mr. Beccard deferred the question to Mr. Schirber. Mr. Schirber advised that both types of organizations would be subject to the same regulations.
Ms. Sanderson stated that she had concerns about the partnership. She indicated her willingness to support the plat provided that the data center lot is not landlocked and if the replat was the only way for the data center to be located in Papillion. Ms. Sanderson observed that the data center lot will be buffered by the creek/ditch so the operations would not impact local residents. She noted that her concerns did not impact the platting of the property.
With no further discussion, a motion was made by Ms. Sanderson, seconded by Ms. Sunde, to recommend approval of the final plat subject to staff comments. Roll Call: Seven yeas, no nays. Motion carried.
PUBLIC HEARING
Change of Zone – Toconsider of a change of zone from R-4 to MU for the property legally described as a portion of Lot 22A, Huntington Park Replat further described as follows: Beginning at a 3/4" pinched top pipe at the southwest corner of said Lot 22A, Huntington Park Replat; Thence North 14°35'00" West (assumed bearings) for 20.00 feet along the west line of said Lot 22A to a 5/8" rebar with 1 1/4" yellow plastic cap stamped LS 561; Thence North 75°24'17" East for 132.23 feet parallel with and twenty feet (20') north of the south line of said Lot 22A to a 5/8" rebar with 1 1/4" yellow plastic cap stamped LS 561; Thence North 14°35'00" West for 119.43 feet to a 5/8" rebar with 1 1/4" yellow plastic cap stamped LS 561 in the north line of said Lot 22A; Thence North 75°19'36" East for 300.70 feet along said north line to a 1" open top pipe in the east line of said Lot 22A; Thence South 02°26'40" East for 143.05 feet along said east line to a 3/4" pinched top pipe in the south line of said Lot 22A; Thence South 75°24'17" West for 402.85 feet along said south line to the Point of Beginning, generally located at SE Corner of Fenwick Dr. & Grandview Ave. The applicant is Dolores Bangert.CZ-09-0001
Chairman Mallory opened the public hearing.
Chris Langan, 14710 West Dodge Rd. (Omaha), from Lamp, Rynearson, and Associates stepped forward as representative for the applicant. He advised that Mosaic intends to build two more group care facilities like the one that is already located on site. Mr. Langan explained that the change of zone is needed to allow two buildings to be built on one lot. He indicated that the permitted uses and setbacks would be consistent with the R-4 District.
Chairman Mallory requested confirmation that the applicant wants to build two group homes. Mr. Langan confirmed.
Chairman Mallory called for proponents and opponents. Seeing or hearing none, he called for discussion amongst the Commission.
Mr. Langan requested that the request be tabled as the applicant is working on planning and engineering issues.
Ms. Sanderson stated that she has a number of questions regarding the request but is willing to table it to allow the applicant more time to work on theapplication.
Ms. Sunde asked if the public hearing had been closed. Chairman Mallory stated that he did not close the public hearing.
Mr. Schirber recommended that the public hearing be kept open and that the request be continued to a specific date.
With no further discussion, a motion was made by Ms. Sanderson, seconded by Mr. Barker, to recommend table the request until the September 30, 2009 Planning Commission. Roll Call: Seven yeas,no nays. Motion carried.
Special Use Permit – To consider a Special Use Permit to allow Medical Office as a permitted use for the property legally described as South 40’ of Lot 5 & all of Lot 6, Block 16, South Papillion, generally located at 546 S. Washington St. The applicant is John F. Hansen. SUP-09-0003
David Dunn, 3909 Twin Creek (Bellevue), with Century 21 stepped forward as representative for the applicant. He advised that the building at 546 S. Washington St. is under contract to be sold. He explained that the building was previously used for a real estate office; however, the new owners want to operate an oral surgery office. The office will have two oral surgeons and five employees.
Ms. Sanderson asked Mr. Dunn if he had any front elevations of the building. Mr. Dunn advised that he did not have elevations for review.
Chairman Mallory opened the public hearing and called for proponents and opponents. Seeing or hearing none, he closed the public hearing.
Ms. Sanderson asked if the property is located in an overlay district. Mr. Stursma advised that it is not in an overlay district. He noted that may have been located near the downtown overlay district, which was eliminated when development design standards were adopted for the whole city. Any expansion of the building would need to comply with the design standards.
Ms. Sanderson advised that she is comfortable with allowing a small office. She noted that it would be a nice addition to the city. Ms. Sanderson stated that she has some concerns about the parking lot and building layout. She indicated that it is important to keep the character of the downtown area. Mr. Stursma stated that the site has challenges because the building has been there for a long time. He observed that the site would have developed differently if the building was constructed today. He noted that the history of how a real estate office was allowed to locate on a residential R-4 lot is unclear. Mr. Stursma advised that he spoke with the applicant about whether he should apply for a change of zone or a special use permit. He noted that the applicant chose to pursue a special use permit because of timing. A special use permit requires one reading a City Council versus a change of zone which requires three reading. Mr. Stursma advised that he supports the special use permit because it allows only the proposed use. A change of zone would allow all uses within the requested zoning district. If a more intensive use is desired, then another request would need to be made to Planning Commission.
With no further discussion, a motion was made by Mr. Smith, seconded by Ms. Sunde, to recommend approval of the special use permit. Roll Call: Seven yeas, no nays. Motion carried.
Special Use Permit – To consider a Special Use Permit to allow Commercial Recreation (High Impact) as a permitted use for the property legally described as NE ¼ of the SE ¼ of Section 30, T14N, R12E, generally located at 12202 HWY 370. The applicant is SarpyCounty. SUP-09-0004
Chairman Mallory opened the public hearing.
Mark Wayne, 1210 Golden Gate Dr., the Sarpy County Administrator, stepped forward as representative for the applicant. Mr. Wayne advised that it had been an 18 month process for this request to come to the Planning Commission. He noted that agreements are in place between the Sarpy County Board, the Omaha Royals, and the developer. He explained that the County is in the process of amending the agreement with the developer with respect to the road projects. He thanked the city for their partnership since the city has agreed to providesanitary sewer and water improvements to the site. Mr. Wayne observed that Mr. Stursma has been at numerous meetings regarding the project. He indicated that Todd Lorenz, Civil Engineer from Olsson Associates, and Mike Piernicky, Traffic Engineer from Olsson Associates, were present to answer any technical questions. He stated that the County has letters of interest out forstreet construction for the stadium. He advised that a selection committee will be appointed to review the Request for Proposals (RFP’s) for the site. He observed that construction is anticipated to begin this fall or winter. Thedeadline for the return of the RFP’s is the end of September. Mr. Wayne indicated that the RFP’s will be reviewed and a recommendation will be made to the CountyBoard so a contractor can be selected by the first of October. He explained that the plan is for the developer to have the site graded by that time. He noted that the concrete seating bowl will be constructed this winterso the contractor can start the structure in the spring. Mr. Wayne advised that the deadline for constructing the stadium is March 15, 2011. He noted that all parties involved are working to meet the deadlines. Mr. Wayne advised that the developer will be obtaining a grading permit this fall. SarpyCounty’s contractor will be taking out building permits for the seating bowl this winter. He noted that the city’s Building and Planning Departments will be involved in the permit process as well as the design of the project. He stated that it is important that the stadium be a Class A facility. The goal is to showcase the stadium and its surrounding development. Mr. Wayne explained that the special use permit is for the stadium so it does not include the surrounding development. He noted that the developer will submit an application for a preliminary plat later this fall.
Todd Lorenz, 1111 Lincoln Mall, Suite 111 (Lincoln), with Olsson Associates, displayed the site plan for the stadium. He showed the future 126th Street along the west side of the stadium. He advised that the stadium site is 31 acres with approximately 2,000 parking stalls and 6,000 fixed seats. Mr. Lorenz indicated that water and sewer will be provided by the City of Papillion. The sewer will likely come from the Wood Hollow sewer on the west side of the property. The water main will be along HWY 370. He displayed a rendering of the potential stadium design. He noted that the stadium orients northeasterly from home base to second base with the parking lot to the west. Mr. Lorenz indicated the future site of the dam and the mixed use area.
Ms. Sanderson asked if the road shown at the bottom of the stadium was HWY 370 or a circulation road. Mr. Lorenz confirmed that it is a circulation road. It is an east to west connector that will serve the site as well as future development.
Ms. Sanderson asked about the connections at 120th Street and 126th Street. Mr. Lorenz stated that streets are only being shown for the stadium area. He explained that 126th Street on the west, 120th Street on the east, and the east-west connector create a loop to provide circulation. He advised that the preliminary traffic study was reviewed by the City Engineer. A final traffic study is in progress and it will dictate what improvements are needed on Highway 370 at 120th and 126th Streets.
Mr. Lorenz asked if Item #6 in the staff report allowed for roads to either be platted public right-of-way or public access easement until platted. Mr. Stursma advised that both optionsare acceptable.
Mr. Lorenz stated that he agreed with Item #7 that NDOR access approval is important. He stated that he is hopeful about the SID funding will be available to assist with the project. He questioned if SID financing was a mandatory condition of the special use permit. Mr. Stursma advised that the staff report says that verification of financing may be required. He indicated that he shares Mr. Lorenz’s hope regarding SID funding. Mr. Stursma stated that SID financing will be addressed at the appropriate time.
Chairman Mallory called for proponents and opponents. Seeing or hearing none, he closed the public hearing and asked for discussion amongst the Commission.
Mr. Carson asked if a traffic signal would be placed on the hill on Highway 370. He requested clarification on who would stipulate the necessary requirements for handling traffic at that location. Mr. Stursma indicated that NDOR would need to approve improvements. SID finances could be used to help pay for the signal or the County will be responsible for the cost. He noted that the traffic signal will be installed when warranted. Mr. Carson noted that safety is his only concern given that the stadium will increase traffic in the area.
Ms. Sanderson stated that she wished she had more information on the project. She indicated that she trusts the Planning Department to guide development of the project. Ms. Sanderson noted that safeguards are in place such as the requirement for grading and building permits. She observed that she likes what has been proposed. She noted that she normally advocates for time restrictions for special use permits; however, she is willing to support an ongoing permit due to the 25-year contract and the large financial investment.
With no further discussion, a motion was made by Ms. Sanderson, seconded by Mr. Melhus, to recommend approval of the special use permit subject to staff comments. Roll Call: Seven yeas, no nays. Motion carried.