SARPY COUNTY PLANNING COMMISSION MINUTES OF MEETING June 20, 2017

Transcription

1 SARPY COUNTY PLANNING COMMISSION MINUTES OF MEETING l. CALL MEETING TO ORDER A meeting of the 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: Jerry Torczon, Mike Sotak, Jan Davis, Michael George, Doug Whitfield, Tom Ackley, Charly Huddleston, Marty Giff, Deanna Korth, and Gayle Malmquist. Absent: Pat Lichter. 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 of Sarpy County, Nebraska. Availability of the agenda was communicated in the published notice and in the notice to members of the of this meeting. Sarpy County staff present: Bruce Fountain, Planning Director, Kelly Jeck, Planning & Zoning Assistant, and Nicole Spitzenberger, Deputy County Attorney. ll. CONSENT AGENDA 1. Approval of Minutes from the May 16, 2017 meeting. MOTION: Sotak moved, seconded by Malmquist, to approve the Consent Agenda. Ballot: Ayes Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, and Malmquist. Nays: None. Abstain: Davis and Korth. Absent: Lichter. Motion carries. lll. REGULAR AGENDA 1. PUBLIC HEARING AND RECOMMENDATION: Rick Iske has submitted applications for consideration of a Change of Zone from AG (Agricultural Farming District) to AGD (Agricultural Development District) and a Preliminary Plat and Final Plat of a subdivision to be known as Iske Sixth Addition, Lots 1 and 2, being a platting of Tax Lot 8 in the SE ¼ of the SE ¼ of Section 30, Township 13 North, Range 11 East of the 6 th P.M., Sarpy County, NE. Generally located southwest of 192 nd Street and Pflug Road. Bruce Fountain, Planning Director, stated that the applicant is proposing to subdivide this acre parcel into two parcels, the existing house will be on acres and the unimproved parcel will be acres after dedication of additional right-of-way. Each parcel will be served with private septic and well and will have access to 192 nd Street. This property is subject to the South Sarpy Watershed Management Fee and the Platte River Watershed Sewer Connection Fee at the appropriate times.

2 Mr. Fountain said the Sarpy County Comprehensive Plan shows the area as Long Term Residential Growth and the proposed development is consistent with that future land use designation. The Planning Department recommends approval of the applications for the Change of Zone from AG to AGD for the proposed Iske Sixth Addition to become effective with the filing of the Final Plat. Staff also recommends approval of the Preliminary and Final Plats of the subdivision to be known as Iske Sixth Addition as the proposals are consistent with the Sarpy County Comprehensive Plan, Zoning Regulations and Subdivision Regulations. Rick Iske, applicant, appeared in support of the proposed applications. Chairman Ackley opened the Public Hearing on this request at 7:07 p.m. With no one coming forward to speak in regard to this application, Chairman Ackley closed the Public Hearing at 7:07 p.m. MOTION: Huddleston moved, seconded by Malmquist to recommend APPROVAL of the Change of Zone from AG (Agricultural Farming District) to AGD (Agricultural Development District) for the proposed subdivision to be known as Iske Sixth Addition. This recommendation is being made as the proposal is in conformance with the Sarpy County Comprehensive Plan and the requirements of the Sarpy County Zoning Regulations. Ballot: Ayes Torczon, Sotak, Davis, George, Whitfield, Ackley, Huddleston, Giff, Korth, and Malmquist. Nays: None. Absent: Lichter. Motion carries. MOTION: Huddleston moved, seconded by Malmquist to recommend APPROVAL of the Preliminary Plat of a subdivision to be known as Iske Sixth Addition. This recommendation is being made as the proposal meets the requirements of the Sarpy County Zoning and Subdivision Regulations. Ballot: Ayes Torczon, Sotak, Davis, George, Whitfield, Ackley, Huddleston, Giff, Korth, and Malmquist. Nays: None. Absent: Lichter. Motion carries. MOTION: Huddleston moved, seconded by Malmquist to recommend APPROVAL of the Final Plat of a subdivision to be known as Iske Sixth Addition. This recommendation is being made as the proposal meets the requirements of the Sarpy County Zoning and Subdivision Regulations. Ballot: Ayes Torczon, Sotak, Davis, George, Whitfield, Ackley, Huddleston, Giff, Korth, and Malmquist. Nays: None. Absent: Lichter. Motion carries. 2. PUBLIC HEARING AND RECOMMENDATION: G. G. P. 8, Inc., dba Lighthouse Bar & Grill, has submitted an application for consideration of a Special Use Permit to allow a sidewalk café or restaurant with outdoor alcohol sales in BG (General Business District) at S 168 th Avenue, legally described as Lot 1, Tiburon Point, as surveyed, platted and recorded in Sarpy County, NE. General location: Southwest of 168 th Street and Cheyenne Road. Chairman Ackley noted for the record that the commission has received an additional site plan relating to this application. Bruce Fountain, Planning Director, said the applicant is requesting a Special Use Permit to allow for a sidewalk café or restaurant with an outdoor seating area where alcohol will be served or consumed in the BG (General Business) Zoning District. The applicant will occupy three bays of the newly constructed building and they will have a 19 x 26 outdoor seating area. Mr. Fountain said the Comprehensive Plans shows the area as Park and School site but was previously platted as commercial retail in The General Business Zoning District requires the approval of a Special Use Permit for any outdoor area where alcohol will be sold or consumed.

3 Mr. Fountain provided the following information from the applicant s Operational Plan: The Lighthouse Bar and Grill at Tiburon Point will be a sports bar and grill serving food and drink. The proposed 19 x 26 patio seating area will be fenced with a rod iron fence in compliance with the State Liquor Commission requirements. There will be no live music on the patio, however, recorded music from a jukebox or TV coverage for sporting events may be played through 2 small speakers located on the patio with the same audio as the inside but at a lower level. Hours of operation will be Monday through Sunday, 11 a.m. to 2 a.m. Mr. Fountain reported that the applicant has applied to the State of Nebraska for a liquor license, but was not aware of the regulations requiring a Special Use Permit for outdoor alcohol sales in the BG Zoning District. The County Board has recommended approval of their liquor license for the inside area of the restaurant. The applicant can amend the liquor license for the outdoor area if this SUP is approved. Mr. Fountain noted that the application was sent to area jurisdictional agencies for review and no responses were received. Also, property owners within 300 were also notified as per the regulations. Mr. Fountain said the Planning Department recommends approval of the Special Use Permit to allow for a sidewalk café or restaurant having an outdoor seating area where alcohol will be served and or consumed in the BG (General Business) Zoning District pursuant to the staff report and operational plan submitted. Staff makes this recommendation as the request is consistent with the Sarpy County Zoning Regulations and Special Use Permit Regulations. Gueoraui Platchkov, representing Lighthouse Bar & Grill, appeared in support of this application. Chairman Ackley opened the Public Hearing on this request at 7:13 p.m. With no one coming forward to speak in regard to this application, Chairman Ackley closed the Public Hearing at 7:13 p.m. MOTION: Malmquist moved, seconded by Korth to recommend APPROVAL of the Special Use Permit to allow for a sidewalk café or restaurant with outdoor alcohol sales in the BG (General Business) Zoning District pursuant to the staff report and operational plan submitted. This recommendation is being made as the request is in conformance with the Sarpy County Zoning Regulations. Ballot: Ayes Torczon, Sotak, Davis, George, Whitfield, Ackley, Huddleston, Giff, Korth, and Malmquist. Nays: None. Absent: Lichter. Motion carries. 3. PUBLIC HEARING AND RECOMMENDATION: Sarpy County Planning Department and Sarpy County Public Works Department request approval of text amendments to the following sections of the Sarpy County Subdivision Regulations: Section 10 Minimum Design Standards and Section 12 Standards for Construction Plans and Specifications. Bruce Fountain, Planning Director, said the proposed text amendments to the Sarpy County Subdivision Regulations are recommended in order to update and clarify Section 10, Minimum Design Standards and Section 12, Standards for Construction Plans and Specifications. The recommended changes have been proposed by the Sarpy County Engineer s office to better align the requirements with today s standards and regulations.

4 Mr. Fountain explained that Public Works Department staff has been reviewing the County s Subdivision Regulations and has found that some of the requirements are antiquated and obsolete and in some cases make it near impossible for the subdivisions to meet the requirements. For the most part, the Public Works Department has been reviewing subdivisions to be compliant with City of Omaha Standard Specifications for Public Works Construction in terms of roadway and right-of way requirements and wanted to get this formally into the code. Mr. Fountain explained each of the proposed red lines in Sections 10 and 12 of the Subdivision Regulations. Chairman Ackley opened the Public Hearing on this request at 7:20 p.m. With no one else coming forward to speak, Chairman Ackley closed the public hearing at 7:20 p.m. MOTION: Davis moved, seconded by Sotak to recommend APPROVAL of the Text Amendments to Sections 10 and 12 of the Sarpy County Subdivision Regulations as shown in Attachment A. Ballot: Ayes Torczon, Sotak, Davis, George, Whitfield, Ackley, Huddleston, Giff, Korth, and Malmquist. Nays: None. Absent: Lichter. Motion carries. Sotak excused himself from the meeting and did not return. 4. PRESENTATION AND PUBLIC HEARING: Sarpy County Planning Department introduces the New Sarpy County Comprehensive Plan for discussion and public comment. Bruce Fountain, Planning Director, stated that the new Sarpy County Comprehensive Plan was developed over the past two years with the assistance of a consulting team: JEO, HDR, SB Friedman and Steven Jensen Consulting. He introduced the consulting team members in attendance: Kevin Anderson with JEO Consulting Group; Steve Jensen, and Brian Ray with HDR. Mr. Fountain stated that the Planning Advisory Committee consisting of approximately 40 people with a good mix of expertise and interests in the community provided input throughout the process. In order to gain the input of the public, the consulting team conducted focus group meetings with each of the five Sarpy County communities, held one-on-one interviews with key stakeholders in the community, and held two public workshops with over 300 people attending at Papillion La Vista South High School. One of those workshops was in conjunction with the Platteview Road Corridor Study which helped draw people out to the workshop. In addition, Mr. Fountain said the online forums MySidewalk and Survey Monkey were utilized to get additional input from the public if they could not make a meeting. Mr. Fountain said part of the reason this Plan has been two years in development is that there were several other studies going on simultaneously that really needed to be completed and implemented into this plan including the Platteview Road Corridor Study, Southern Ridge Wastewater Treatment Study, Trails Master Plan, the new alignment of 180 th Street south of Harrison Street that will curve over to 192 nd Street and tie into an interchange at I-80 to provide a major north-south corridor in the future, and the Transit Feasibility Study. Mr. Fountain presented the new Sarpy County Comprehensive Plan and provided a brief description of each of the nine chapters within the document. Discussion focused on Chapter 3 Land Use & Growth Management. Enlarged versions of the Future Land Use and Growth Management Zone maps were presented. Mr. Fountain listed the four County Growth Zones defined for Sarpy County that identify the different levels of development primarily based on their ability to be served with sanitary sewer infrastructure: Conservation Zone, Urban Reserve Zone, Urban Development Zone, and Rural Development Zone.

5 Mr. Fountain explained that the Urban Development Zone includes areas that are already served by sanitary sewer or can be served by sanitary sewer, and where development can continue at urban densities. The Urban Reserve Zone reserves areas for higher density development that are capable of being served by sanitary sewer in the future. This is to ensure that the County will have the higher densities of development required to pay for the sewer infrastructure in the future. Development in this area will be limited and regulated by build-through subdivision regulations. This allows the County to plan into the future as to where streets, utility easements, and lots can be subdivided to provide a greater density and help provide the funds needed to pay for the sewer improvements. Kevin Anderson, JEO Consulting Group, said the Growth Management Zone map is essentially a phasing plan for the full build out of the Future Land Use Plan. He presented a graphic to help explain the build-through process and the provisions that will be applied primarily to the Urban Reserve Zone. Whitfield said he would like to know how many acres the Urban Reserve Zone entails compared to the other zones, and what the time frame is of the anticipated build out of that zone. In response to a question by Whitfield, Nicole Spitzenberger, Deputy County Attorney, said once this document is approved, then there will be a comprehensive review of the Zoning and Subdivision Regulations, but what is enforceable in the interim until new regulations are adopted are the current regulations. Steve Jensen said the Future Land Use Growth Management Zone chart provides the basis for the subdivision and zoning ordinance changes that the County would adopt later to protect those areas. The build-through does not prevent development, but it gives staff the opportunity to make recommendations based on planned road connections or routes for a sewer line, or other infrastructure that will service the larger area in the future. Mr. Jensen said the County is going to need higher density development ultimately to pay for the sewer extensions in the Urban Reserve Zone, so you want to make sure you leave as much land available for that future higher density as possible. There was extensive discussion about build-through subdivision platting and what the requirement might imply for a property owner wanting to develop their property. George stated that a build-through subdivision will have to be clearly defined in the Comprehensive Plan otherwise it will cause confusion. Mr. Fountain noted that Sarpy County does currently have a build- through overlay district in the Zoning Regulations which provides the details and definitions. Whitfield said he is concerned about forcing a property owner with over 20 acres to spend extra engineering money up front for future development that may be well into the future. Mr. Fountain said he is not sure it is an extra cost, but it forces everyone to think how a subdivision affects the surrounding properties. Mr. Jensen stated that if Sarpy County wants standard suburban development to occur in the southern part of the county in the future where sewers can be put in, it is going to be important to control the subdividing of that area in the interim or the County is not going to have the ability to subdivide to more of a suburban density later. George questioned if the cities are bound by this Comprehensive Plan and how this translates over to the cities when they annex the property.

6