Planning Commission

PAPILLION PLANNING COMMISSION MEETING OCTOBER 25, 2017 The Papillion Planning Commission met in open session at the Papillion City Hall Council Chambers on Wednesday, October 25, 2017 at 7: 00 PM. Chairwoman Rebecca Hoch called the meeting to order. Planning Assistant Andrea Blevins called the roll. Planning Commission I members present were David Barker, Howard Carson, Raymond Keller Jr., Jim Masters, John E. Robinson III, Judy Sunde, Herb Thompson, and Wayne Wilson. With a full commission present, alternate member Leanne Sotak was not required to attend. Planning Director Mark Stursma, City Attorney Karla Rupiper, Assistant Planning Director Travis Gibbons, City Planner Michelle Romeo, and Staff Engineer Derek Goff were also present. Chairwoman Hoch led those present in the Pledge of Allegiance. Notice of the meeting was given in advance by publication in the Papillion Times on October 11, 2017. A copy of proof of publication is on file at the office of the City Clerk. Chairwoman Hoch announced that a copy of the Open Meetings Act is posted in the City Council Chambers. Approval of Aqenda Motion was made by Ms. Sunde, seconded by Mr. Masters, to approve the agenda as presented. Roll call: Nine yeas, no nays. Motion carried. Approval of the Planninq Commission Minutes Motion was made by Mr. Robinson III, seconded by Mr. Barker, to approve the September 27, 2017 minutes. Roll Call: Eight yeas, no nays, one abstention from Mr. Carson. Motion carried. PUBLIC HEARINGS Preliminarv Plat —A Preliminary Plat for the property legally described as a tract of land being all of Tax Lot 6, a tax lot located in part of the SE 1/ 4 of the SW 1/ 4 and part of the NE 1/ 4 of the 6th SW 1/ 4, located in Section 21, T14N, R12E of the P. M., Sarpy County, NE, generally located NE of Wittmus Drive and Cornhusker Road. The applicant is Woodland Homes, Inc. ( Granite Lake ( Phase 3)) PP- 17- 0008 Chairwoman Hoch opened the public hearing. A representative for the applicant was not present. The Commission expressed that it would like to table the public hearing until the applicant could be present. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open. With no further discussion, Motion was made by Mr. Masters, seconded by Mr. Keller, to continue the public hearing for the Granite Lake ( Phase 3) Preliminary Plat ( PP- 17- 0008) to a 1 Planning Commission October 25, 2017 later date when the applicant is ready to present it. Roll Call: Nine yeas, no nays. Motion carried. Chanqe of Zone —A Change of Zone from Agricultural ( AG) to Multiple- Family Residential with I a PUD-2 Overlay ( R- 4 PUD- 2) for the property legally described as a tract of land being all of Tax Lot 6, a tax lot located in part of the SE 1/ 4 of the SW 1/ 4 and part of the NE 1/ 4 of the SW 1/ 4, located in Section 21, T14N, R12E of the 6`" P. M., Sarpy County, NE, generally located NE of Wittmus Drive and Cornhusker Road. The applicant is Woodland Homes, Inc. ( Granite Lake Phase 3)) CZ- 17- 0011 Chairwoman Hoch opened the public hearing. A representative for the applicant was not present. Chairwoman Hoch called for proponents and opponents. Seeing no further public input, Chairwoman Hoch left the public hearing open. With no further discussion, Motion was made by Mr. Thompson, seconded by Mr. Barker, to continue the public hearing for the Granite Lake ( Phase 3) Change of Zone ( CZ- 17- 0011) to a later date when the applicant is ready to present it. Roll Call: Nine yeas, no nays. Motion carried. Comprehensive Plan Amendment - A Comprehensive Plan Amendment to amend the Future Land Use Map to adopt future land use designations for the 156th Street and Capehart Road Sub-Area. Said Sub-Area has a northern boundary of Capehart Road, an eastern boundary of Street, a southern boundary of Platteview Road, and a western boundary of 204th Street, 156th excluding the City of Gretna' s extraterritorial jurisdiction as depicted on the Sarpy County Comprehensive Plan Future Land Use Map, revised date of September 7, 2017. The applicant is the City of Papillion. ( 156th Street and Capehart Road Sub-Area FLU Map Amendment) CPA- 17- 0006 Chairwoman Hoch opened the public hearing. Planning Director Mark Stursma, 122 E. Third Street, stepped forward to represent the applicant. He summarized that the City proposes to adopt a portion of Sarpy County's Future Land Use Map that is within the City's projected future growth area. He noted that the City wishes to ensure that the extension of its extraterritorial jurisdiction ( ETJ) in relation to the proposed 2017 Annexation No. 3 is covered by a Future Land Use Map. Mr. Stursma added that this also allows for consistency in planning. He explained that the area in question is generally located east of I- 80 and 204th Street and north of Platteview Road, and extends east to 156th Street as to not encroach on the boundary agreement that the City holds with the City of Springfield. He displayed the proposed Future Land Use Map for the described sub- area, and summarized the land use designations therein. Mr. Masters asked whether there was a relationship between this agenda item and the proposed Gretna annexation. Mr. Stursma explained that the City had been working on this amendment prior to Gretna's annexation becoming public. He observed that part of Gretna' s proposed ETJ would extend into this area should Gretna' s annexation and ETJ extension be approved. He established that the City's intent in this adoption is to offer consistency for 2 Planning Commission October 25, 2017  I de ve I opers within future growth areas of the City s h ou Id those areas be annexed or come into the Cit Y' s ETJ. Mr. Wilson asked when the County adopted their Future Land Use Map. Mr. Stursma confirmed that it was adopted in 2017. Chairwoman Hoch called for proponents and Seeing no further public input, opponents. Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Keller asked staff to briefly explain the purpose of the proposed amendment. Mr. Stursma explained that the Future Land Use Map identifies desired or expected patterns of development, as well as anticipated land uses. With no further discussion, Motion was made by Mr. Barker, seconded by Mr. Carson, to recommend approval of the 156th Street and Capehart Road Sub-Area FLU Map Amendment CPA- 17- 0006) because it is consistent with the Comprehensive Plan, Zoning Regulations, and surrounding uses. Roll Call: Nine yeas, no nays. Motion carried. Ordinance No. 1789 — An Ordinance to annex Certain Real Estate to the City Of Papillion, Nebraska, and to provide for an effective date thereof. The annexation area consists of West Tracts referred to as Tracts A — G and an East Tract referred to as Tract H, described hereto: WEST TRACTS. Tracts A —G are generally located along Highway 50 between Highway 370 and Capehart Road. Such Tracts include the Omaha National Cemetery, portions of the Hwy 50, Schram Road and Capehart Road Rights- of-Way, and various properties currently zoned as Limited Industrial ( LI) and Mixed Use ( MU). Tract A: A TRACT OF LAND LOCATED IN PART OF TAX LOT " H" IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 14 NORTH, RANGE 11 EAST, OF THE SIXTH PRINCIPAL MERIDIAN, SARPY COUNTY, NEBRASKA. Tract B: ALL OF THE HIGHWAY 50 RIGHT- OF-WAY IN THE SE 1/ 4 OF SECTION 2, T13N, R11E OF THE 6TH P. M., SARPY COUNTY, NEBRASKA TOGETHER WITH ALL OF THE HIGHWAY 50 RIGHT-OF-WAY IN THE NE 1/ 4 OF SECTION 2, T13N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, TOGETHER WITH ALL OF THE HIGHWAY 50 RIGHT-OF-WAY IN THE SW 1/ 4 OF SECTION 1, T13N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, TOGETHER WITH ALL OF THE HIGHWAY 50 RIGHT-OF-WAY IN THE NW 1/ 4 OF SECTION 1, T13N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, TOGETHER WITH ALL OF THE HIGHWAY 50 RIGHT- OF-WAY IN THE SE 1/ 4 OF SECTION 35, T14N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, TOGETHER WITH ALL OF THE HIGHWAY 50 RIGHT-OF-WAY IN THE SW 1/ 4 OF SECTION 36, T14N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, TOGETHER WITH PART OF THE HIGHWAY 50 RIGHT-OF-WAY IN THE NW 1/ 4 OF SECTION 36, T14N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, TOGETHER WITH PART OF THE HIGHWAY 50 RIGHT- OF-WAY IN THE NE 1/ 4 OF SECTION 35, T14N, R11E OF THE 6TH P. M., SAID SARPY COUNTY. Tract C: THE WEST 1/ 2 OF THE SE 1/ 4 AND THE SW 1/ 4 OF SECTION 36, T14N, R11E OF THE 6TH P. M., SARPY COUNTY, NEBRASKA, EXCEPT THE HIGHWAY 50 RIGHT- OF-WAY, TOGETHER WITH ALL OF THE SCHRAM ROAD RIGHT- OF-WAY IN THE WEST 1/ 2 OF THE NE 1/ 4 AND IN THE NW 1/ 4 OF SECTION 1, T13N, R11E OF THE 6TH P. M., SAID SARPY COUNTY, LYING EAST OF THE HIGHWAY 50 RIGHT- OF-WAY. Tract D: LOTS 1 AND 2, SOUTH HIGHWAY 50 ADDITION, A SUBDIVISION IN SARPY COUNTY, NEBRASKA, TOGETHER WITH PART OF THE NE 1/ 4 3 Planning Commission October 25, 2017 OF SECTION 2, T13N, R11 E OF THE 6TH, P. M., SAID SARPY COUNTY, LYING WEST OF THE HIGHWAY 50 RIGHT- OF-WAY, TOGETHER WITH THE 150TH STREET RIGHT- OF- WAY IN THE NW 1/ 4 OF SECTION 2, T13N, R11E OF THE 6TH, P. M., SAID SARPY COUNTY, TOGETHER WITH THAT PART OF THE SCHRAM ROAD RIGHT- OF-WAY IN THE SW 1/ 4 OF SECTION 35, T14N, R11E OF THE 6TH P. M., SAID SARPY COUNTY LYING EAST OF THE NORTHERLY EXTENSION OF THE WEST LINE OF 150TH STREET, TOGETHER WITH THAT PART OF THE SCHRAM ROAD RIGHT-OF-WAY IN THE SE 1/ 4 OF SECTION 35, T14N, R11 E OF THE 6TH P. M., SAID SARPY COUNTY LYING WEST OF THE I HIGHWAY 50 RIGHT- OF- WAY. Tract E: LOTS 1 AND 2, OXBOW WAY REPLAT 1, A SUBDIVISION IN SARPY COUNTY, NEBRASKA, TOGETHER WITH OUTLOT A, OXBOW WAY, A SUBDIVISION IN SAID SARPY COUNTY, TOGETHER WITH THAT PART OF THE SCHRAM ROAD RIGHT- OF-WAY IN THE NW 1/ 4 OF SECTION 2, T13N, R11 E OF THE 6TH, P. M., SAID SARPY COUNTY, LYING BETWEEN THE NORTHERLY EXTENSION OF THE EAST AND WEST LINES OF LOT 1, SAID OXBOW REPLAT 1, TOGETHER WITH THAT PART OF THE SCHRAM ROAD RIGHT-OF-WAY IN THE SW 1/ 4 OF SECTION 35, T14N, R11 E OF THE 6TH, P. M., SAID SARPY COUNTY, LYING BETWEEN THE NORTHERLY EXTENSION OF THE EAST AND WEST LINES OF OT 1, SAID OXBOW REPLAT 1. Tract F: LOT 1 AND OUTLOT A, SARPY COUNTY POWER PARK WEST, A SUBDIVISION IN THE SE 1/ 4 OF SECTION 2, T13N, R11E OF THE 6TH P. M., SARPY COUNTY, NEBRASKA, TOGETHER WITH ALL OF THE 150TH STREET RIGHT- OF-WAY LYING WITHIN THE SE 1/ 4 OF SAID SECTION 2, TOGETHER WITH ALL OF THE CAPEHART ROAD RIGHT- OF-WAY LYING WITHIN THE SE 1/ 4 OF SAID SECTION 2 LYING WEST OF HIGHWAY 50, TOGETHER WITH ALL OF THE 150TH STREET RIGHT-OF-WAY IN THE SW 1/ 4 OF SAID SECTION 2. Tract G: LOT 1 AND OUTLOT A, SARPY COUNTY POWER PARK EAST, A SUBDIVISION IN THE SOUTHWEST 1/ 4 OF SECTION 1, T13N, R11E OF THE 6TH P. M., SARPY COUNTY, NEBRASKA, TOGETHER WITH ALL OF THE CAPEHART ROAD RIGHT- OF-WAY IN THE SOUTHWEST 1/ 4 OF SAID SECTION 1 LYING EAST OF HIGHWAY 50. EAST TRACT. Tract H is generally located on the southwest corner of 66th Street and Cornhusker Road, and includes residential subdivisions, known as Cottonwood, a church, and portions of Cornhusker Road and 66th Street Rights-of-Way. Tract H: TAX LOT 1 C IN THE NW 1/ 4 OF SECTION 25, T14N, R12E OF THE 6TH P. M., SARPY COUNTY, NEBRASKA, TOGETHER WITH LOTS 1 THROUGH 72 AND LOTS 79A AND 79B, LOTS 80, 81 AND 82, COTTON-WOOD, A SUBDIVISION IN SAID SARPY COUNTY AND ALL STREETS, DRIVES AND CIRCLES LYING WITHIN SAID COTTON- WOOD, TOGETHER WITH LOTS 83 THROUGH 130 AND LOTS 132 THROUGH 157, COTTON- WOOD 2ND ADDITION, A SUBDIVISION IN SAID SARPY COUNTY AND ALL DRIVES LYING WITHIN SAID COTTON- WOOD 2ND ADDITION, TOGETHER WITH LOTS 158 THROUGH 197, COTTON-WOOD 3RD ADDITION, A SUBDIVISION IN SAID SARPY COUNTY AND ALL DRIVES AND CIRCLES LYING WITHIN SAID COTTON- WOOD 3RD ADDITION, TOGETHER WITH LOTS 198 THROUGH 312, COTTON- WOOD 4TH ADDITION, A SUBDIVISION IN SAID SARPY COUNTY AND ALL DRIVES AND CIRCLES LYING WITHIN SAID COTTON-WOOD 4TH ADDITION, TOGETHER WITH LOTS 1 THROUGH 12, COTTON- WOOD REPLAT I, A SUBDIVISION IN SAID SARPY COUNTY, TOGETHER WITH THAT PART OF 66TH STREET 4 Planning Commission October 25, 2017 RIGHT- OF-WAY IN THE NE 1/ 4 OF SAID SECTION 25 LYING NORTH OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID COTTON-WOOD, TOGETHER WITH THAT PART OF CORNHUSKER ROAD RIGHT- OF- WAY IN THE SW 1/ 4 AND SE 1/ 4 OF SECTION 24, T14N, R12E OF THE 6TH P. M., SAID SARPY COUNTY, LYING BETWEEN THE SOUTHERLY EXTENSION OF THE EAST LINE OF SETTLERS CREEK DRIVE AND THE EAST RIGHT-OF- WAY LINE OF 66TH STREET. The applicant is the City of Papillion. ( 2017 Annexation No. 3) MISC- 17- 0013 Chairwoman Hoch opened the public hearing. Planning Director Mark Stursma, 122 E. Third Street, stepped forward to represent the applicant. He suggested that the request proposes an annexation of areas to the east and southwest of current Papillion city limits. He gave a brief overview of the individual annexation tracts. He confirmed that the City has conducted an annexation analysis and concluded that the annexation is appropriate and that the City is able to provide services to the annexed areas within the necessary timeframe. Mr. Barker asked whether additional services would need to be added for the southwestern tracts. Mr. Stursma explained that the annexation of Cottonwood would require the City to expand the number of services offered, specifically in the need for additional police officers, cruisers, and public works services. He remarked that residential areas typically have a much higher demand for services than industrial areas. Mr. Barker asked whether the existing fire station located near 108t'' Street and Schram Road would service the southwestern tracts. Mr. Stursma answered in the affirmative. Mr. Keller asked staff to clarify how far the ETJ extends past city limits. Mr. Stursma answered that as a City of the first class, Papillion has a two mile ETJ. He noted that this annexation would not affect the City's ETJ to the east due to existing boundary agreements with the City of Bellevue and the City of La Vista; however, it would expand the ETJ to the southwest. Mr. Masters asked whether Tract E, the Oxbow Way tract, was fully developed. Mr. Stursma noted that a pet food processing and packaging facility had been built on the property. Chairwoman Hoch called for proponents and opponents. Marilyn Krautkremer, 1702 LeBaron Drive, expressed support for the annexation as a Cottonwood resident. Seeing no further public input, Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Barker inquired as to the process of annexation analysis. Mr. Stursma noted that tracts being annexed by the City must be contiguous and adjacent to the city limits, and urban or suburban in nature. He explained that the City must also take other things into consideration such as financial burden and the City's ability to provide services. He offered a brief overview of SID funding and annexation analysis. He explained that the City performs annexation analysis on an annual basis. Mr. Keller asked when the Cottonwood SID was established. Travis Gibbons confirmed that it was established over 30 years ago. 5 Planning Commission October 25, 2017 With no further discussion, Motion was made by Mr. Barker, seconded by Mr. Robinson III, to recommend approval of the Ordinance 1789 ( MISC- 17- 0013) 2017 Annexation No. 3 because it is consistent with the Comprehensive Plan, Zoning Regulations, and surrounding uses. Roll Call: Nine yeas, no nays. Motion carried. Ordinance No. 1790— An ordinance to change the official Zoning Map of the City of Papillion in accordance with Section 205- 32 of the Papillion Municipal Code to adopt a Zoning Map and to apply existing or future zoning regulations, property use regulations, building ordinances, electrical ordinances, plumbing ordinances, and all other regulatory ordinances of the City of Papillion pursuant to Neb. Rev. Stat. § 16- 901. The applicant is the City of Papillion. ( MISC- 17- 0014) Chairwoman Hoch opened the public hearing. Planning Director Mark Stursma, 122 E. Third Street, stepped forward to represent the applicant. He displayed the Extraterritorial Jurisdiction Extension exhibit. He noted that the City is not proposing to encroach on its boundary agreement with the City of Springfield with this extension. He explained how the proposal extends the City's ETJ. Mr. Stursma also displayed exhibits that portray the current zoning of the proposed area of the ETJ extension, as well as the proposed conversion and briefly explained both. He noted that there are not any existing uses in the proposed area that would fall under zoning that is inconsistent with Sarpy County's zoning designations. Mr. Keller asked what would happen if the City of Papillion and the City of Gretna had overlapping ETJs. Mr. Stursma reminded all present that the ETJ extension was prepared prior to Gretna' s annexation plan being made public. He explained that this proposal does not overlap the City of Gretna' s current ETJ, nor does it violate the City's boundary agreement with the City of Gretna. Mr. Masters asked whether the zoning conversion would have detrimental effects on any of the landowners that fall within the proposed extension. Mr. Stursma stated that he did not believe that it would, as the proposed ETJ expansion area is generally rural in nature. Mr. Carson asked whether Gretna' s annexation proposes that Gretna will extend its jurisdiction past I- 80. Mr. Stursma answered that he would not state the intention of the City of Gretna. He reiterated that the City's proposal does not overlap the City of Gretna' s current ETJ, nor does it violate the City's boundary agreement with the City of Gretna. He noted that it does appear that Gretna did honor its boundary agreement with the City of Papillion in its annexation proposal. Chairwoman Hoch called for proponents and Seeing no further public input, opponents. Chairwoman Hoch closed the public hearing and called for Commission Discussion. Mr. Masters offered his support. Mr. Wilson asked for clarification on the contiguity of the annexation tracts. City Attorney Karla Rupiper and Mark Stursma explained that the City performed a parcel by parcel legal analysis to ensure that each parcel is adjacent and contiguous, as well as urban and suburban in nature. Ms. Rupiper noted that the City presented its plan to Sarpy County's legal department. She also noted that the City is confident that the proposed annexation is legal. 6 Planning Commission October 25, 2017 Ms. Sunde asked whether the City would perform snow removal on Highway 50 after the annexation. Mr. Stursma explained that the City has one year to provide public services to the area being annexed. He noted that the City could possibly execute an agreement with the County and/ or the State to contract these services in the most efficient manner. Chairwoman Hoch asked how soon services might be provided to Cottonwood. Mr. Stursma explained that the City has one year to provide services and that a timeline for providing services is being developed based on the time required to hire additional staff and acquire the needed equipment. With no further discussion, Motion was made by Mr. Keller, seconded by Ms. Sunde, to recommend approval of the Ordinance 1790 ( MISC- 17- 0014) 2017 Annexation No. 3 because it is consistent with § 205-32 of the Zoning Regulations. Roll Call: Nine yeas, no nays. Motion carried. OTHER BUSINESS Mr. Keller recognized his students observing in the gallery. With no further business to come before the Commission, Motion was made by Mr. Keller, seconded by Mr. Thompson to adjourn. The meeting adjourned by unanimous consent at 7: 54 PM. CITY OF PAPILLION i Rebecca Hoch, C rw man 7 Planning Commission October 25, 2017