Sarpy County Department of Planning & Building Sarpy County Courthouse Annex 1261 Golden Gate Drive, Suite 2E

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1 Sarpy County Board of Commissioners Sarpy County Courthouse 1210 Golden Gate Drive Papillion, Nebraska To The Sarpy County Board of Commissioners: Sarpy County Department of Planning & Building Sarpy County Courthouse Annex 1261 Golden Gate Drive, Suite 2E Papillion, Nebraska Phone (402) Fax (402) Ken Tex, Planning & Zoning Coordinator February 21, 2001 The Sarpy County Planning Commission held its regular monthly meeting Wednesday, February 21, 2001 in the County Board Room at the Sarpy County Courthouse, Papillion, Nebraska. Chair Meyer called the meeting to order at 7:31 p.m. with the following members present: Charles Buller, Charles Denny, John Johnson, Don Meyer, Pam Buethe, Wayne Labart, Donald Fenster, Tom Wees and Alan Wear. Absent were Denny Nichols and Marcia Matthies. Tamra Walz, Deputy County Attorney was present. Ken Tex, Planning & Zoning Coordinator and Cindy Gilbert, Recording Secretary, were also present. Chair Meyer asked for any reports from commissioners. Chair Meyer asked Wayne Labart, Donald Fenster and Pam Buethe to introduce themselves. Donald Fenster said that he was a retired dentist who served on the Bellevue Planning Commission for 11 years and the Bridge Commission as well. He stated that he was looking forward to serving the community with the County Planning Commission. Wayne Labart introduced himself as an orthodontist. He has lived in this area for 27 years and is also looking forward to serving the community in this capacity. Pam Buethe stated that she lives outside the City of Gretna with her husband and two children and is employed by the City of Gretna. She wants to make a contribution as a planning commission member to Sarpy County as it continues to grow. Chair Meyer asked for a motion to approve the agenda as submitted. Johnson moved, seconded by Wear to the approve the agenda as submitted. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. Chair Meyer then noted a correction to the minutes stating that the motion to approve Agenda Item #9 should include the facts of finding A as it complies with the

2 comprehensive development Wees moved, seconded by Wear to approve the minutes of the January 24, 2001 meeting as corrected. Ayes- Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear Nays- none. Abstain - Johnson. Absent- Nichols and Matthies. Motion carried. I. CONSENT AGENDA ITEMS: None II. REGULAR AGENDA ITEMS: 1. Larry Biel, South 234 th Street, Gretna, 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 Tax Lot 11, located in the NE1/4 of the NW1/4 of Sec 3, Twp 13N, Rng 10E of the 6 th P.M., Sarpy County, Nebraska. (234 th & Schram) Bob Biel stated that he was representing the applicant, Larry Biel, and indicated that they wished to split this land so that Bob could purchase a portion of it. Ken Tex said that this piece of property lies on the west side of 234 th Street, making it a portion of the county that falls under the 20+ acres (Agricultural) zone on the comprehensive development plan and stated that an amendment to the plan would be required in order to change the zone. Buller moved, seconded by Wees to recommend approval of an amendment to the comprehensive development plan from Agricultural (20+ acres) to Residential Low (5+ acres) on the following described property: Part of Tax Lot 11, located in the NE1/4 of the NW1/4 of Sec 3, Twp 13N, Rng 10E of the 6 th P.M., Sarpy County, Nebraska. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. Labart moved, seconded by Denny to recommend approval of a change of zone from AG to AGR as it complies with the amended comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 2. Larry Biel, South 234 th Street, Gretna, NE requests approval of a preliminary/final plat for a subdivision to be known as Biel Addition on the following described property, to wit: Being a platting of part of Tax Lot 11, located in the NE1/4 of the NW1/4 of Sec 3, Twp 13N, Rng 10E of the 6 th P.M., Sarpy County, Nebraska. (234 th & Schram) Wees moved, seconded by Buller to recommend approval of a preliminary/final plat on a subdivision to be known as Biel Addition as it meets the subdivision regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain -none. Absent - Nichols and Matthies. Motion carried. 3. David Harder, South 168 th Street, Gretna, NE requests approval of a change of zone from AG & RE to AGD on the following described property, to wit: Being a platting of Lot 1, Harder=s Subdivision and Part of Tax Lot 5 lying North of the Creek, located in the E1/2 of the SE1/4 of Sec 33, Twp 14N, Rng 11E of the 6 th P.M., Sarpy County, Nebraska. (168 th Street, 2 mile south of Highway 370)

3 David Harder introduced himself and indicated that his intent to put these two lots back into one was based on estate planning he was doing. Ken Tex explained that this was in a future commercial area and that we would actually be losing one building lot which was favorable in this situation. Wear moved, seconded by Johnson, to recommend approval of a change of zone from AG & RE to AGD as it complies with the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 4. David Harder, South 168 th Street, Gretna, NE requests approval of a preliminary/final plat for a subdivision to be known as Harder=s Subdivision Replat I on the following described property, to wit: Being a platting of Lot 1, Harder=s Subdivision and Part of Tax Lot 5 lying North of the Creek, located in the E1/2 of the SE1/4 of Sec 33, Twp 14N, Rng 11E of the 6 th P.M., Sarpy County, Nebraska. (168 th Street, 2 mile south of Highway 370) Buethe moved, seconded by Buller to recommend approval of the preliminary/final plat on a subdivision to be known as Harder=s Subdivision Replat I as it complies with the county=s subdivision regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 5. Jim Alvarez, 3605 South 161 st Street, Omaha, NE requests approval of a change of zone from AG to AGD on the following described property, to wit: Being a platting of the NW1/4 of the SW1/4 of Sec 23, Twp 14N, Rng 10E of the 6 th P.M., Sarpy County, Nebraska. (225 th & Centennial Road) Jim Alvarez explained that he owns 140 acres, but would like to divide approximately 40 of that into 10 acre lots to sell. Ken Tex stated that this area could actually be divided into 5 acre tracts according to the comp plan, but greenbelt valuations make it more attractive as far as tax assessments are concerned. There are also other 10 acre lots in the area. Fenster moved, seconded by Labart to recommend approval of a change of zone from AG to AGD as it complies with the comp plan. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 6. Jim Alvarez, 3605 South 161 st Street, Omaha, NE requests approval of a preliminary plat for a subdivision to be known as Alta Vista Acres (Lots 1-4, inclusive)on the following described property, to wit: Being a platting of the NW1/4 of the SW1/4 of Sec 23, Twp 14N, Rng 10E of the 6 th P.M., Sarpy County, Nebraska. (225 th & Centennial Road) With no further discussion, Wees moved, seconded by Buller to recommend approval of the preliminary plat on a subdivision to be known as Alta Vista Acres as it complies with the subdivision regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 7. Pat Sullivan, agent for Pappas Telecasting of the Midlands requests approval of a special use permit to erect a television transmission tower approximately 1840' tall on the following described th

4 property, to wit: Part of the S1/2 of the NW1/4 of Sec 30, Twp 13N, Rng 11E of the 6 P.M., Sarpy County, Nebraska. (204 th & Pflug Road) Pat Sullivan introduced himself as the agent for Richland Towers. He explained that Richland Towers will own and operate the tower and Pappas owns the land it will sit on. The new tower will be approximately 1,100 feet away from the existing tower, which houses the E-911 systems antennae. Richland Tower has indicated that remedial action will be taken in the event there is any interference with the E-911 system. Mr. Sullivan also indicated these events are monitored and controlled by the FCC. Cindy Gilbert read into record the letter received from Sarpy County Emergency Management Agency. Anthony Flores, Richland Towers, stated that they are focused on providing these community structures around the country. They provide RF (radio frequency) studies at all sites. With regard to the 800 MHZ system used by Emergency Management for the 911 system, they assured the planning commission that it is a common interest to provide quality service as not to interfere with the 800 MHZ system. They will work with Motorola (911 system provider) to fix any unforeseen problems. Richland Towers will be responsible for any interference that should occur. The question was asked by Donald Fenster if any other legal papers should be drawn up to support the Special Use Permit in making Richland Towers responsible for fixing any interference. Tamra Walz stated that, as long as it is written as a part of the conditions of the permit, no other legal action would be necessary. Donald Fenster asked if the county had any specific regulations governing towers. Ken Tex indicated that, although we do not have specific regulations for towers, they are covered under the conditions of a special use permit. Dale Scherbring feels confident that Richland Towers will make sure that the 911 system is protected. Neil Johnson, Emergency Management employee, indicated that he would answer any questions the planning commission might have regarding the 911 system. He stated that it was installed in He said that it is essential that all three call sites operate together as designed. The signal from the KPTM tower is required. The EMA wants to protect Sarpy County=s investment. Pat Sullivan, again, reiterated the fact that Richland Towers will remedy any situation if necessary. After some further discussion, Wear moved, seconded by Buethe to recommend approval of the special use permit to allow Richland Towers to build a television transmission tower as it complies with the county zoning regulations with the condition that Richland Tower corrects any interference problem(s)to the Sarpy County E-911 system caused by the new tower. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 8. Janice Pawloski, 1926 South 39 th Street, Omaha, NE requests approval of a special use trailer

5 permit to park a single wide mobile home for recreational purposes only on the following described property, to wit: Lot 2N, Carl Schmid Park located in Sec 28, Twp 13N, Rng 12E of the 6 th P.M. Sarpy County, Nebraska. (Approx. 99 th Street, near the river) Janice Pawloski was unavailable, but Ken Tex explained that the trailer has been there for several years. Ms. Pawloski just recently purchased it. Wees moved, seconded by Labart to recommend approval of the special use trailer permit for recreational purposes only for a period of three years, renewable by publication as it meets the zoning regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Labart, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - Nichols and Matthies. Motion carried. 9. Recommend Landscaping Ordinance for the County Zoning Ordinances & Subdivision Regulations. Tom Wees indicated that he and Don Meyer had revised them on Friday, February 16, 2001 and would distribute copies to all the planning commission members for their review. Further discussion would be held at the next regular meeting. In a unanimous oral vote, Chair Meyer declared that this item be held over for further discussion at the next regular meeting on March 21, III. CORRESPONDENCE: Don Meyer stated he had received a call from Joe Mangiamelli expressing his appreciation to the members of the planning commission that he had served with and commended the staff for the job they do. IV. ADJOURNMENT: Being no further discussion, Labart moved, second by Buethe, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 9:04 p.m. Respectfully Submitted, Sarpy County Planning Commission Don Meyer, Chair Cindy Gilbert, Recording Secretary