SARPY COUNTY DEPARTMENT OF PLANNING 1210 GOLDEN GATE DRIVE, PAPILLION, NE PHONE: (402) FAX: (402) REBECCA HORNER, DIRECTOR

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1 SARPY COUNTY DEPARTMENT OF PLANNING 1210 GOLDEN GATE DRIVE, PAPILLION, NE PHONE: (402) FAX: (402) REBECCA HORNER, DIRECTOR PLANNING COMMISSION MEETING MINUTES April 21, 2010 April 21, 2010 Sarpy County Board of Commissioners Sarpy County Courthouse 1210 Golden Gate Drive Papillion, Nebraska To The Sarpy County Board of Commissioners: The Sarpy County Planning Commission held a regular meeting on April 21, 2010, in the County Board Room at the Sarpy County Courthouse, Papillion, Nebraska. Chairman Whitfield called the meeting to order at 7:00 p.m. with the following members present: Susan Bliss, Donald Fenster, Pat Lichter, Gary Stuart, John Thompson, Jerry Torczon, Alan Wear, Wayne Labart, Dennis Vanek and Doug Whitfield. Absent were: Courtney Dunbar. Also in attendance were the staff members: Rebecca Horner, Planning Director, Nicole O Keefe, Deputy County Attorney and Michelle Alfaro, Planning Assistant. Chairman Whitfield gave notice of the Open Meeting Law. Chairman Whitfield asked for Commissioner reports. Chairman Whitfield asked for a motion to approve the agenda. Bliss moved, seconded by Wear to approve the agenda as submitted. Ballot: Ayes: Bliss, Fenster, Lichter, Stuart, Thompson, Torczon, Wear, Vanek, Labart and Whitfield. Nays: None. Abstain: None. Absent: Dunbar. Motion carried.(10-0) Chairman Whitfield asked for a motion to approve the March 17, 2010 minutes. Wear moved, seconded by Whitfield, to approve the minutes of the March 17, 2010 meeting as amended. Ballot Ayes: Bliss, Fenster, Lichter, Stuart, Thompson, Torczon, Wear, Labart and Whitfield. Nays: None. Abstain: Vanek. Absent: Dunbar. Motion carried.(9-1) 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.. II. None. REGULAR AGENDA ITEMS: Preliminary and Final Plat A. Public Hearing & Recommendation: Special Use Permit Rozann Hendrickson, S. 150 th Street, requests a special use permit for a kennel on Tax Lot 3A1A2 located in the SW ¼ of Section 02 Township 13N, Range 11E of the 6 th P.M. Sarpy County, Nebraska. 1

2 Introduction: Ms. Horner stated the request was for a special use permit for a kennel for breeding purposes. Ms. Rozanne Hendrickson came forward and stated why she was requesting a special use permit. Commissioner Bliss questioned if Ms. Hendrickson could submit the revised site plan. Ms. Hendrickson stated that would not be a problem. Discussion: *Public Hearing opened at 7:12 P.M.* None came forward. *Public Hearing closed at 7:12 P.M.* Commissioner Whitfield questioned the reasoning for a five year expiration instead of ten year expiration. Ms. Horner stated in review she thought that encroachment could occur within five years, and that five years was reasonable and would provide the Planning Commission a chance to review. Chairman Whitfield questioned if they would be able to do that administratively. Ms. Horner stated it was based on a case by case. Chairman Whitfield recommended to remove the AKC portion of the Special Use Permit. Ms. Hendrickson stated removing the AKC portion of the recommendation was not a problem. Commissioner Vanek stated on the site plan the fence to the south side appeared to be closer than the 100. Ms. Horner stated that was why it would be important to receive a site plan to show where the dogs would be, to verify they would be 100. Ms. Hendrickson, stated the south side had a fort and play area. On the north side of the house the fence was 6 foot high and dogs were on the north side. Commissioner Thompson questioned if it was required to be done by a surveyor. Ms. Horner responded that was not required. 2

3 Fenster moved, seconded by Bliss to approve the Special Use Permit for a kennel to breed Boxers that shall be limited to five years, after which the permit may apply for renewal, and provided that a revised site plan showing all buildings and facilities (including outdoor fenced areas) to be at least 100 from any property line prior to scheduling to the County Board as it conforms to the Comprehensive Plan, Zoning and Subdivision Regulations of Sarpy County. Ayes: Bliss, Fenster, Lichter, Stuart, Thompson, Torczon, Wear, Vanek, Labart and Whitfield. Nays: None. Abstain: None. Absent: Dunbar. Motion carried.(10-0) REGULAR AGENDA ITEMS: Special Use Permit B. Public Hearing & Recommendation: Special Use Permit Introduction: Jim Mowinkel, Capehart Road, requests an amendment to an existing special use permit for the sales and rental of vacation and travel trailers on Lot 1 Mintken s Addition located in Section 5, Township 13N, Range 11E of the 6 th P.M. Sarpy County, Nebraska. Ms. Horner stated the request by Jim Mowinkel was to amend the existing special use permits business plan. Pat Sullivan, attorney, came forwarded and stated the main issue was the last provision would allow them to sell new trailers in combination with the rental trailers. The Special Use Permit and zoning was changed in 2008 which specifically added that sales and rental were changed. There would not be additional trailers other than what was listed. Commissioner Bliss questioned if the 15 trailers would be in the shed or on the property. Mr. Mowinkel came forward and stated that they will be in the shed or the parking lot on the East side. Commissioner Bliss questioned how many could be on the east side at one time. Mr. Mowinkel stated 15. *Public Hearing opened at 7:23 P.M.* Mr. Matt Doud came forward and provided information regarding the NIZC, beautification efforts, and stated that Landscaping Regulations should apply. Mr. Knapp came forward and stated that he felt it was spot zoning and stated his opinion on the request to amend the special use permit. *Public Hearing closed at 7:27 P.M.* 3

4 Discussion: Applicant Rebuttal: Pat Sullivan stated zoning code specifically allows for the requested use and are they were not operating any activity that was prohibited in the zoning ordinances. Ms. Horner stated that the business plan would be attached to the resolution. Mr. Sullivan came forward and stated that it was approved in 2008 with a maximum of 20 trailers, and approved for a period of 5 years, and there were less than 3 years remaining on this special use permit. Commissioner Thompson questioned if the building would become non-conforming with standards. Ms. Horner stated that the property was platted prior to the date stated in the Highway Corridor Overlay District. Labart moved, seconded by Wear to approve the amendment to the Special Use Permit for the sales & rental of travel and vacation trailers on Lot 1 Mintken s Addition as it conforms to the Comprehensive Plan and Zoning Regulations. Ballot: Ayes: Fenster, Lichter, Vanek, Stuart, Labart, Thompson, Torczon, Wear and Whitfield. Nays: Bliss. Abstain: None. Absent: Dunbar. Motion carried.(9-1) C. Public Hearing & Recommendation: Special Use Permit Introduction: Hank Leitner DBA Rum Runner, 7001 S. 181 st Street, requests an amendment to an existing special use permit for a drinking establishment on Lot 3, Sunridge Replat Three, located in the NE ¼ of Section 17, Township 14N Range 11E of the 6 th P.M. Sarpy County, Nebraska. Ms. Horner stated the request was to expand the existing liquor permit and the Special Use Permit would be amended to include the area for their Special Use Permit. The impact was minor, and no additional occupancy was proposed, the kitchen was a permitted use as part of the General Business, but because was it an accessory use to the drinking establishment it was necessary for the applicant to amend the existing special use permit. Discussion: Mr. Hank Leitner came forward to answer questions. *Public Hearing opened at 7:38 P.M.* None came forward. *Public Hearing closed at 7:39P.M.* Chairman Whitfield questioned if the square footage changed. 4

5 Mr. Leitner stated he took over part of the bay next door to allow for dry storage, pool table and office. Bliss moved, seconded by Lichter to approve the modification to the existing Special Use Permit for a drinking establishment as shown in the attached interior site plan, AKA Rum Runner, as it conforms to the Comprehensive Plan, Zoning and Subdivision Regulations of Sarpy County. Ayes: Bliss, Fenster, Lichter, Stuart, Thompson, Torczon, Wear, Labart, Vanek and Whitfield. Nays: None. Abstain: None. Absent: Dunbar. Motion carried.(10-0) D. Public Hearing & Recommendation: Change of Zone SWN Investments, Meadows Boulevard, requests a Change of Zone from IL, Light Industrial, to BGH, Heavy General Business district on Lot 1, Lakeview South II Replat 1 located in the NE ¼ of Section 23, Township 14N, Range 11E of the 6 th P.M. Sarpy County, Nebraska. Introduction: Ms. Horner described the applicant s request and provided history of the site. Heavy General Business would allow for the sales and bank and would remain in conformance with the regulations and would not create any new non-conformities, instead would correct the existing non-conformities. Staff findings were that the change was in conformance with the Comprehensive Plan and that BGH zoning would be compatible in the area. Discussion: Mr. Mark Zach, came forward and stated he would be the owner of the auto sales for special built handicapped vehicles and had the same business across the street and had three owners in the last four years. *Public Hearing opened at 7:46 P.M.* None came forward. *Public Hearing closed at 7:46 P.M.* Chairman Whitfield questioned pyramid zoning. Ms. Horner stated zoning was misinterpreted and she could not locate code that was pyramid zoning. It was an interpretation at the time and people were inclined to do things below the code when it wasn t written that way. Bliss moved, seconded by Wear to approve the Change of Zone from Light Industrial (IL) to Heavy General Business (BGH) for SWN Investments as it conforms to the Comprehensive Plan and Zoning Regulations of Sarpy County. Ayes: Bliss, Fenster, Lichter, Vanek, Stuart, Thompson, Torczon, Wear, Labart and Whitfield. Nays: None. Abstain: None. Absent: Dunbar. Motion carried.(10-0) E. Discussion: Planning Commission By Laws, meeting procedures, Open Meetings Act, Political Accountability and Disclosure Act and ethics. 5

6 Ms. O Keefe came forwarded and discussed planning commission by-laws, meeting procedures, the open meetings act, political accountability and disclosure act and ethics. III. IV. CORRESPONDENCE: The following items were briefly discussed to provide updates to the Planning Commissioners. ADJOURNMENT: Being no further discussion, Wear moved, seconded by Stuart to adjourn the meeting. By a unanimous oral vote, Chairman Whitfield declared the meeting adjourned at 10:33 p.m. Respectfully Submitted, Doug Whitfield, Chairman Michelle Alfaro, Planning Assistant 6