SARPY COUNTY

DEPARTMENT OF PLANNING & BUILDING

1261 Golden Gate Drive, #2E

Papillion, NE 68046

Phone (402) 593-4169 Fax (402) 593-4335

Richard A. Houck, AICP, Planning & Building Director

February 15, 2007

Sarpy County Board of Commissioners

Sarpy County Courthouse

1210 Golden Gate Drive

Papillion, Nebraska 68046

To The Sarpy County Board of Commissioners:

The Sarpy County Planning Commission held a regular meeting on February 15, 2007 in the County Board Room at the Sarpy County Courthouse, Papillion, Nebraska. Chairman Wear called the meeting to order at 7:01 p.m. with the following members present: Susan Bliss, Courtney Dunbar , Don Fenster, Greg Gonzalez, Alan Wear and Tom Wees. Absent were: Mechele Burry, David Fanslau and Doug Whitfield. Also in attendance and introduced were the staff members: Brett Charles, Deputy County Attorney, Rick Houck, Planning & Building Director and Cindy Gilbert, Recording Secretary.

Chairman Wear noted that a copy of the Open Meeting Law is posted in the Board Room.

Election of Officers were held. Rick Houck called for nominations for Chairman.

Fenster moved, seconded by Wees to nominate Alan Wear as Chairman.

Wees moved, seconded by Dunbar to close the nominations.

With a 5-1 written ballot, Rick Houck declared Alan Wear as Chairman for the 2007 calendar year.

Rick Houck called for nominations for Vice-Chairman.

Gonzalez moved, seconded by Fenster to nominate Tom Wees as Vice-Chairman.

Wear moved, seconded by Dunbar to close the nominations.

With a 6-0 written ballot, Rick Houck declared Tom Wees as Vice-Chairman for the 2007 calendar year.

Chairman Wear noted that Agenda Items L & M would be tabled.

·  Fenster moved, seconded by Wees to move items L & M to the beginning of the agenda as they would be tabled. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

·  Fanslau moved, seconded by Wees to approve the agenda as changed. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

Chairman Wear asked Rick Houck to address the changes and spell out what exactly what was being changed and why.

·  Wear moved, seconded by Wees to table Agenda Item “L” until more definitive information from the Planning Director can be given to the Planning Commission. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

·  Wear moved, seconded by Wees to table Agenda Item “M” until more definitive information from the Planning Director can be given to the Planning Commission. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

·  Bliss moved, seconded by Wees to approve the minutes of the January 17, 2007 meeting. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

·  Fenster moved, seconded by Dunbar to approve the minutes of the January 24, 2007 meeting. Ballot: Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

I. CONSENT AGENDA ITEMS: Note: All consent items are automatically approved when the consent agenda is approved unless removed by a board member. Removed items will be placed under Regular Agenda Items for action by the Planning Commission. None.

II. REGULAR AGENDA ITEMS:

A. George & Jeanette McFarling, 18282 S. 192nd St., Gretna, request approval of a Change of Zone from AG to AGR & RE 2 on the following described property, to wit: The N1/2 of the NE1/4 of the SE1/4 of Sec 31, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (192nd Street, ½ mile north of Buffalo)

Rick Houck stated the applicant is looking to create three lots. A drainage study will be done. He

noted it meets the comprehensive plan and he recommends approval.

Tim Papstein, Thompson, Dreessen & Dorner, Inc. and George McFarling were available to answer

any questions.

*Public Hearing Closed at 7:22 p.m.*

·  Fenster moved, seconded by Gonzalez to recommend approval of a Change of Zone from AG to AGR & RE 2 as it meets the comprehensive plan. Ballot: Ayes - Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

B. George & Jeanette McFarling, 18282 S. 192nd St., Gretna, request approval of a Preliminary Plat for a subdivision to be known as Old Cedar Tree Estates on the following described property, to wit: The N1/2 of the NE1/4 of the SE1/4 of Sec 31, Twp 13N, Rng 11E of the 6th P.M., Sarpy County, Nebraska. (192nd Street, ½ mile north of Buffalo)

·  Fenster moved, seconded by Gonzalez to recommend approval of a Preliminary Plat for a subdivision to be known as Old Cedar Tree Estates as it meets the subdivision regulations and conforms to the zoning regulations and comp plan. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

C.  Richard Anderson, 1207 S 16 Road, Burr, NE requests approval of a Change of Zone from AG to AGR on the following described property, to wit: Being a platting of part of the W1/2 of the NE1/4 of Sec 25, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (The south end of 63rd Street)

Rick Houck stated there are three things relative to the preliminary and final plat. There is a salvage yard on the land and they are not allowed in an AGR zoning district. Under those circumstances, we will only zone the 5-acre piece that does not have the salvage yard. He recommends the change of zone be approved.

*Public Hearing Closed at 7:32 p.m.*

Gonzalez moved, seconded by Bliss to recommend approval of a Change of Zone from AG to

AGR as it meets the 2005 comprehensive plan and the zoning regulations. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

D.  Richard Anderson, 1207 S 16 Road, Burr, NE requests approval of a Preliminary Plat for a subdivision to be known as Dorothy’s Garden on the following described property, to wit: Being a platting of part of the W1/2 of the NE1/4 of Sec 25, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (The south end of 63rd Street)

·  Dunbar moved, seconded by Bliss to recommend approval of a Preliminary Plat for a subdivision to be known as Dorothy’s Garden with the facts of findings as recommended by the Planning Director (a; meets the comp plan, b; preliminary plat conforms to the subdivision regulations, and c; associated change of zoning will bring the proposed lot into conformance with the zoning regulations.)The condition for approval is to provide a revised preliminary plat showing only Lot 2, to be renamed Lot 1. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

E. Richard Anderson, 1207 S 16 Road, Burr, NE requests approval of a Final Plat for a subdivision to be known as Dorothy’s Garden on the following described property, to wit: Being a platting of part of the W1/2 of the NE1/4 of Sec 25, Twp 13N, Rng 12E of the 6th P.M., Sarpy County, Nebraska. (The south end of 63rd Street)

·  Dunbar moved, seconded by Bliss to recommend approval of a Final Plat for a subdivision to be known as Dorothy’s Garden with the facts of findings as recommended by the Planning Director (a; meets the comp plan, b; final plat conforms to the subdivision regulations, c; associated change of zoning will bring the proposed lot into conformance with the zoning regulations and d; final plat conforms to the approved preliminary plat.) The condition for approval is to provide a revised final plat showing only Lot 2, to be renamed Lot 1. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

E.  Kevin & Lori Rice, Ray & Sandi Hunter & Ken & Stephanie Tex, 17406 Cornish Road, Springfield request approval of a Final Plat for a subdivision to be known as Cornish Acres on the following described property, to wit: Being a platting of the E1/2 of the SE1/4 of the SW1/4, together with the SW1/4 of the SE1/4 of Sec 4, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska (174th & Cornish Road)

**The following items were submitted by Jarel Vinduska: a) letter from S.A.V.E., and b) letter to Rick Houck from the NRD regarding storm water run-off, and, c) pictures of water near a house on South 156th Street.

**The following item was submitted by Dan Hobbs: map showing Cornish Acres property and Hobbs property.

Rick Houck recommended conditional approval of this plat with the conditions that the NRD (Papio-Missouri River Natural Resource District) approve the grading and drainage plan and that no direct access to Cornish Road be shown on the plat either by note or in the dedication.

Comments taken from Pat Sullivan, Kevin Rice, Dan Hobbs, Jarel Vinduska John Knapp, Gary

Richter and planning commissioners included:

definition of drainage way

significant drainage problem

no identification of water sources

property drops off more than two feet from top of property to bottom

get back to interpreting constraints

power point presentation showing water ways

is in compliance with comp plan and zoning regulations

initial calculations suggest less run-off in post development

*Public Hearing Closed at 8:02 p.m.*

·  Fenster moved, seconded by Wees to recommend approval of a Final Plat for a subdivision to be known as Cornish Acres as it meets the comp plan and subdivision regulations with the stipulation that the NRD approve the grading and drainage plan and direct access to Cornish Road be shown on the plat either by note or in the dedication. Ballot: Ayes – Fenster, Gonzalez, Wees and Wear. Nays – Bliss and Dunbar. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

G. Brian & Debbie Katz, 9515 Spencer Street, Omaha request approval of a Final Plat for a subdivision to be known as Lynn Estates on the following described property to wit: Being a platting of all of Tax Lot 5 in the NW1/4 of the NE1/4 and all of the E1/2 of the NE1/4 of the NW1/4 of Sec 9, Twp 12N, Rng 11E of the 6th P.M., Sarpy County, Nebraska (176th & Cornish Road)

Rick Houck stated the engineer for this property has indicated that post-development run-off will be less than pre-development. It is still being reviewed by the NRD. It meets the comp plan, subdivision regulations and generally conforms to the preliminary plat. Rick recommends approval on the condition that prior to signing the final plat, any items required by the NRD shall be added.

Comments from Brian Katz, Jarel Vinduska, John Knapp included:

·  Land was purchased to build a home and develop the rest

·  Easement will be maintained to control development in certain areas

·  Lots will not access Cornish Road

·  Working with Jeff Thompson, Engineer and Paul Woodward, NRD on run-off issues, ie: making pond deeper and re-establishing a dam

·  Should be conservation development

·  Run-off will increase with development

*Public Hearing Closed at 8:37 p.m.*

Further comments included:

·  Who would be liable if water runs on neighbors property?

·  County has no liability for water run-off

·  Discussion of regulations and definitions, tree canopies, compaction and run-off

·  Appears that extra steps were taken to fix the water problems

·  Wees moved, seconded by Gonzalez to recommend approval of the Final Plat for Lynn Estates as it meets the comp plan and subdivision regulations with the stipulation that any requirements of the NRD be met. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.

*Break was taken at 8:56 p.m.*

*Meeting resumed at 9:04 p.m.*

H.  Gary & Beth Kauffman, 12242 Iva, Gretna request approval of a Change of Zone for AG to AGR on the following described property, to wit: Being a platting of the North 20.01 acres of the E1/2 of the SW1/4 of Sec 27, Twp 14N, Rng 10E of the 6th P.M., Sarpy County, Nebraska (237th & Lincoln Road)

Rick Houck stated this was an area northwest of Gretna and they are looking to create three lots. The applicant is aware they will need to do a drainage study. The recommendation is to approve.

Gary Kauffman, applicant, noted the Prairie Ridge subdivision is just north and Equestrian Ridge is located east of this property.

*Public Hearing Closed at 9:12 p.m.*

·  Wees moved, seconded by Bliss to recommend approval of the Change of Zone from AG to AGR as it meets the comprehensive plan and zoning regulations. Ballot: Ayes – Bliss, Dunbar, Fenster, Gonzalez, Wees and Wear. Nays – none. Abstain – none. Absent – Burry, Fanslau and Whitfield. Motion carried.