InterLinc: Planning : Planning Commission Agenda

City of Lincoln
Planning

Planning Commission Agenda

*** ACTION BY PLANNING COMMISSION ***

NOTICE:
The Lincoln City/Lancaster County Planning Commission will hold
a public hearing on Wednesday, September 4, 2002, at 1:00 p.m. in the
City-Council Chambers, County-City Building, 555 South 10th Street,
Lincoln Nebraska, on the following items. For more information,
call the Planning Department, 441-7491.

The Planning Commission will meet on Wednesday, September 4, 2002,
12:00 - 1:00 p.m. in Room 113 of the County-City Building, 555 South 10th
Street, Lincoln , Nebraska, for the purpose of introduction to the new Director
of Planning, Marvin S. Krout, and a briefing by city staff on the Infrastructure
Financing Strategy, Impact Fee Ordinance.

**PLEASE NOTE: The Planning Commission action is final
action on any item with a notation of "FINAL ACTION". Any
aggrieved person may appeal Final Action of the Planning
Commission to the City Council by filing a Notice of Appeal
with the City Clerk within 14 days following the action of the
Planning Commission. **

The Planning Commission action on all other items is a
recommendation to the City Council or County Board.

AGENDA

WEDNESDAY, SEPTEMBER 4, 2002

Approval of minutes of the regular meeting held August 21, 2002. ** APPROVED, 8-0, Newman abstaining **

1. CONSENT AGENDA:
(Public Hearing and Administrative Action)

PERMITS WITH RELATED ITEMS:

1.1a County Special Permit No. 196, (993 K) View Pointe North Community Unit Plan, requested
by Lyle Loth, with ESP, on behalf of Willard Giebenrath, for 14 residential acreage lots, on
property generally located at N. 70^th Street and Waverly Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Mike DeKalb, 441-6370
Removed from Consent Agenda and had separate public hearing. Planning Commission
recommendation: DENIAL, 8-1 (Duvall dissenting).

1.1b City Special Permit No. 1976, (993 K) View Pointe North Community Unit Plan, requested
by Lyle Loth, with ESP, on behalf of Willard Giebenrath, for 14 residential acreage lots, on
property generally located at N. 70^th Street and Waverly Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Mike DeKalb, 441-6370
Removed from Consent Agenda and had separate public hearing. Planning Commission
recommendation: DENIAL, 8-1 (Duvall dissenting).

1.1c City/County Preliminary Plat No. 02014, (993 K) View Pointe North, requested by Lyle Loth,
with ESP, on behalf of Willard Giebenrath, for 14 Lots, with requests to waive street lighting,
sidewalks, street trees, storm water detention, block length, cul-de-sac length, and landscape
screening, on property generally located at N. 70^th Street and Waverly Road
Planning staff recommendation: Conditional Approval
Staff Planner: Mike DeKalb, 441-6370
Removed from Consent Agenda and had separate public hearing. Planning Commission
recommendation: DENIAL, 8-1 (Duvall dissenting).

PLATS:

1.2 Final Plat No. 02008, (1,238 K) Pine Lake Heights South 4^th Addition, requested by John Brager
and Thomas White of Ridge Development Co. and Gerald Schleich of Southview, Inc., to final plat 81
lots and 8 outlots on property generally located northeast of the intersection of S. 27^th St. and Yankee
Hill Rd. *** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Brian Will, 441-6362
Planning Commission 'final action': APPROVAL, 9-0, Resolution No. PC-00763.

MISCELLANEOUS:

1.3 Comprehensive Plan Conformance No. 02008, (811 K) requested by Marc Wullschleger, Director
of Urban Development, to review the North 27^th Street Corridor and Environs Redevelopment Plan as to
conformance with the 2025 Lincoln City-Lancaster County Comprehensive Plan. The area is composed
of the city blocks generally bounded on the south by N Street, on the west by 23^rd Street, on the north
by Leighton Avenue and on the east by 31^st Street.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Duncan Ross, 441-7603
Removed from Consent Agenda and DEFERRED, with CONTINUED PUBLIC HEARING AND
ADMINISTRATIVE ACTION scheduled for October 2, 2002, with pre-meeting briefing at 12:00
Noon on October 2, 2002.

1.4 Street & Alley Vacation No. 02009, (676 K) requested by James Abel, of NEBCO, Inc., to vacate
Nighthawk Road west of the west line of NW 6^th Street.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Tom Cajka, 441-5662
Planning Commission recommendation: A FINDING OF CONFORMANCE WITH THE
COMPREHENSIVE PLAN, 9-0.

2. ITEMS REMOVED FROM CONSENT AGENDA:

2.1 __________________________________

2.2 __________________________________

3. PUBLIC HEARING
AND ADMINISTRATIVE ACTION:

CHANGE OF ZONE:

3.1 Change of Zone No. 3372, (553 K) from R-3 Residential District to H-2 Highway Business District,
requested by Michael Rierden, on behalf of Believers Fellowship, on property generally located at N. 40^th
Street and Superior Street.
Planning staff recommendation: Denial
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission recommendation: DENIAL, 9-0. Public hearing
before City Council tentatively scheduled for 9/23/02.

PERMITS:

3.2 Use Permit No. 43B, (738 K) an amendment requested by Dennis Plachy, with Capitol Sign Co., to
modify sign regulations and update site plan, on property generally located at S. 13^th Street and
Stockwell Street.
Planning staff recommendation: Approval of sign area decrease on 14^th St. sign; Denial of sign
area increase and height increase on 13^th St. sign
Staff Planner: Abigail Davis, 441-6372
Had public hearing. Planning Commission recommendation: APPROVAL of the applicant's
request, with conditions, 6-3 (Steward, Duvall, Bills-Strand, Larson, Taylor and Schwinn voting
'yes'; Krieser, Carlson and Newman voting 'no').

3.3 Use Permit No. 89B, (1,318 K) an amendment requested by Stephen Clymer, with Olsson
Associates, and Danay Kalkowski, on behalf of Northern Lights, L.L.C., to allow the sale of alcoholic
beverages for consumption on the premises within 100' of a residential district, on property generally
located at S. 14^th Street and Pine Lake Road.
Planning staff recommendation: Denial
Staff Planner: Brian Will, 441-6362
Had public hearing. DEFERRED, with CONTINUED PUBLIC HEARING AND ADMINISTRATIVE
ACTION scheduled for October 2, 2002.

3.4 Special Permit No. 1691C, (719 K) an amendment to the Shadow Pines 1^st Addition Community
Unit Plan, requested by Brian Carstens and Associates, on behalf of Canyon Homes, L. L. C., for 16
dwelling units, with request to waive lot depth, on property generally located at S. 56^th Street and Shadow
Pines Drive.
Planning staff recommendation: Conditional Approval, unless City Attorney's office determines
that legal notification is needed for waivers
Staff Planner: Ray Hill, 441-6371
Had public hearing. DEFERRED, with CONTINUED PUBLIC HEARING AND ADMINISTRATIVE
ACTION scheduled for October 2, 2002.

3.5 Special Permit No. 1984, (971 K) requested by Brian Carstens and Associates, on behalf of David
and Doreen Miller, for a paved parking lot in the R-6 Residential District, on property generally located
at S. 17^th Street and Garfield Street.
Planning staff recommendation: Conditional Approval
Staff Planner: Abigail Davis, 441-6372
Had public hearing. DEFERRED, with CONTINUED PUBLIC HEARING AND ADMINISTRATIVE
ACTION scheduled for September 18, 2002.

3.6 Special Permit No. 1985, (1,310 K) requested by Brian Carstens and Associates, on behalf of
Alonzo and Marijane Athey, to expand and reconstruct a nonconforming use, with request to waive
side yard screening and paving of an existing gravel parking lot, on property generally located at S. 94^th
Street and Yankee Hill Road.
Planning staff recommendation: Denial
Staff Planner: Abigail Davis, 441-6372
Had public hearing. Planning Commission recommendation: CONDITIONAL APPROVAL, with
amendments as requested by the applicant, 7-1 (Carlson dissenting; Duvall absent).

MISCELLANEOUS:

3.7 Waiver of Design Standards No. 02016, (571 K) requested by Jerry C. Joyce, on behalf of The
Legacy Limited, to waive street trees and sidewalks, on property generally located at S. 58^th Street
and Pioneers Boulevard.
Planning staff recommendation: Approval of the waiver of street trees and Denial of the
waiver of sidewalk
Staff Planner: Tom Cajka, 441-5662
Had public hearing. Planning Commission recommendation: APPROVAL OF STAFF
RECOMMENDATION, 7-1 (Krieser dissenting; Duvall absent). Public hearing before City Council
tentatively scheduled for September 23, 2002.

* * * * * *

AT THIS TIME, ANYONE WISHING TO SPEAK ON AN ITEM
NOT ON THE AGENDA, MAY DO SO.

* * * * * *

PENDING LIST:

1. Change of Zone No. 3277, requested by Richard Wood, of the University of Nebraska-Lincoln, from R-2
Residential District to O-2 Suburban Office District, on property generally located at N. 70^th Street and
Stoney Ridge Road.
(9-6-00: Planning Commission voted 8-0 to place on pending at the request of the applicant.)

2. Change of Zone No. 3299, requested by the Director of Planning, to amend Sections 27.69.044, 27.69.047,
and 27.69.049 of the Lincoln Municipal Code, to adjust permitted signage in the O-3 Office Park District and
adjacent to the Interstate in the H-1 Interstate Commercial, H-3 Highway Commercial, and H-4 General
Commercial Districts.
(1-24-01: Planning Commission voted 9-0 to place on pending.)

3a. Change of Zone No. 3292, a text amendment to Title 27 of the Lincoln Municipal Code, requested by the
Director of Planning, to add Chapter 27.53, to create an overlay district, the Entryway Corridors District,
concerning permitted uses, parking regulations, sign regulations, grading and land disturbance regulations,
area regulations, and design standards, for corridors in the vicinity of Interstate 80 and Interstate 180.
(2-7-01: Planning Commission voted 8-0 to place on pending.)

3b. Miscellaneous No. 00011, requested by the Director of Planning, to adopt design standards for the Entryway
Corridors District, an overlay district in the vicinity of Interstate 80 and Interstate 180.
(2-7-01: Planning Commission voted 8-0 to place on pending.)

4. Change of Zone No. 3321, requested by Michael T. Johnson, on behalf of West Gate, Inc., from R-7
Residential District to B-4 Lincoln Center Business District, on property generally located at 1729 M
Street
(6-13-01: Planning Commission voted 6-0 to place on pending at the request of the applicant.)

5a. Change of Zone No. 3279, requested by Lyle Loth, with ESP, from AG Agricultural District to AGR
Agricultural Residential District, on property generally located at S. 70^th Street and Countryview
Road.
(6-13-01: Planning Commission voted 6-0 to place on pending until January, 2002 at the request of
the applicant.)

5b. Special Permit No. 1868, Windmill Ridge Estates Community Unit Plan, requested by Lyle Loth, with
ESP, for 23 single family lots, on property generally located at S. 70^th Street and Countryview Road.
(6-13-01: Planning Commission voted 6-0 to place on pending until January, 2002 at the request of
the applicant.)

5c. Preliminary Plat No. 00023, Windmill Ridge Estates, requested by Lyle Loth, with ESP, for 23 Lots, with
requests to waive ornamental street lights; sidewalks; street trees; landscape screens; and block length;
on property generally located at S. 70^th Street and Countryview Road.
(6-13-01: Planning Commission voted 6-0 to place on pending until January, 2002 at the request of
the applicant.)

6. Street & Alley Vacation No. 01014, requested by Thomas Tiedgen, with Midwest Steel Works, to vacate the
east 20' of South 7^th Street, generally located at S. 7^th Street and N Street.
(10-3-01: Planning Commission voted 7-0 to place on pending indefinitely at the request of the
applicant.)

7a. Annexation No. 01008, requested by the Director of Planning, to annex property generally located at
Coddington Avenue and West Van Dorn Street.
(4-3-02: Planning Commission voted 8-0 to place on pending.)

7b. Change of Zone No. 3195, from R-3 Residential District to B-2 Planned Neighborhood Business District,
requested by Lyle Loth of ESP on behalf of R.C. Krueger Development Company, on property generally
located at So. Coddington Avenue and West Van Dorn Street.
(4-3-02: Planning Commission voted 8-0 to place on pending.)

7c. Change of Zone No. 3253, from R-3 Residential District to B-2 Planned Neighborhood Business District,
requested by DaNay Kalkowski on behalf of Stockwell Properties, L.L.C., on property generally located at
the southeast corner of So. Coddington Avenue and West Van Dorn Street.
(4-3-02: Planning Commission voted 8-0 to place on pending.)

7d. Use Permit No. 133, requested by J.D. Burt of Design Associates on behalf of Stockwell Properties, L.L.C.,
and by Brian D. Carstens and Associates on behalf of R.C. Krueger Development Company, for commercial
retail and office uses, with requests to modify the rear, side, and front yard setbacks; to waive street trees; to
adjust the minimum frontage requirements for signs; and to waive lot frontage and access to public street or
private roadway; on property generally located at S. Coddington Avenue and West Van Dorn Street.
(4-3-02: Planning Commission voted 8-0 to place on pending.)

8a. Change of Zone No. 3364, text amendments to Title 27 of the Lincoln Municipal Code (the Zoning Ordinance)
requested by the Directors of the Public Works & Utilities, Parks & Recreation and Planning Departments,
to generally adopt "Standards for Arterial Streets 120' or More in Width" and to make other minor
amendments to the Zoning Ordinance by adding Section 27.03.082, Arterial Streets; and by amending
Section 27.31.090, Height and Area Regulations for B-2 Planned Neighborhood Business District; Section
27.37.060, Height and Area Regulations for B-5 Planned Regional Business District; Section 27.45.070,
Height and Area Regulations for H-4 General Commercial District; Section 27.51.090, Height and Area
Regulations for I-3 Employment Center District; Section 27.67.030, General Conditions for Parking; Section
27.71.080, Fences; and Section 27.77.010, Requirements for Changed or New Occupancy.
(5-15-02: Planning Commission voted 8-0 to place on pending.)

8b. Miscellaneous No. 02002, text amendments to Title 26 of the Lincoln Municipal Code (the Land Subdivision
Ordinance), requested by the Directors of the Public Works & Utilities, Parks & Recreation and Planning
Departments, to generally adopt "Standards for Arterial Streets 120' or More in Width", to revise the
provisions for sureties and timing of sidewalk improvements along local and collector streets, and to make
other minor amendments to the Land Subdivision Ordinance by amending Section 26.07.190, Major Street;
Section 26.11.039, Requisites for Final Plat Approval; Section 26.11.040, Installation of Improvements;
Section 26.23.040, Street and Other Public Way Widths; Section 26.23.120, Easements; Section 26.23.140,
Lot; and Section 26.27.090, Trees.
(5-15-02: Planning Commission voted 8-0 to place on pending.)

8c. Miscellaneous No. 02003, text amendments to the City of Lincoln Design Standards, requested by the
Directors of the Public Works & Utilities, Parks & Recreation and Planning Departments, to generally adopt
"Standards for Arterial Streets 120' or More in Width" and to make other minor amendments to the Design
Standards by amending Chapter 2.15, Urban Public Street Design Standards; Chapter 2.35, Design
Standards for Street Trees; and Chapter 3.50, Design Standards for Screening and Landscaping; and by
adding Chapter 5.00, Design Standards for Landscaping Streetscapes, Medians, Boulevards, Roundabouts
and Arterial Streets.
(5-15-02: Planning Commission voted 8-0 to place on pending.)

9. Change of Zone No. 3367, from AG Agricultural District to AGR Agricultural Residential District, requested by
Mark Hunzeker, on property generally located NE of SW 70^th Street and West Van Dorn Street.
(6-12-02: Planning Commission voted 8-0 to place on pending until an associated Comprehensive Plan
Land Use proposal comes before Planning Commission.)

10a. Change of Zone No. 3366, a text amendment to Title 27 of the Lincoln Municipal Code (the Zoning Ordinance),
proposed by the Directors of the Public Works and Utilities, Parks and Recreation and Planning Departments,
to add a new Chapter 27.82, "Impact Fees", to provide a title, authority and applicability; legislative findings
and purpose; definitions; to provide for imposition of impact fees; to provide exemptions from impact fees; to
provide for the creation of an impact fee fund and impact fee accounts; to provide for refunds of impact fees
paid; to provide for Pre- and Post-Ordinance Credits against impact fees; to provide for an expiration for
credits; and to provide for miscellaneous provisions relating to the proper implementation of impact fees.
(6-26-02: Planning Commission voted 8-0 to place on pending until September 18, 2002.)

10b. Miscellaneous No. 02005, a text amendment to Title 26 of the Lincoln Municipal Code (the Land Subdivision
Ordinance), proposed by the Directors of the Public Works and Utilities, Parks and Recreation and Planning
Departments, to amend Section 26.23.040 (Table 26.23.040) of the Lincoln Municipal Code, to modify the
reference to the Comprehensive Plan and to increase the minimum right-of-way width for bikeways from a
14-foot easement to a 20-foot easement; to amend Section 26.23.160 to require a dedication of land or
payment of an impact fee for neighborhood parks and trails; and to repeal Sections 26.23.040 and 26.23.160.
(6-26-02: Planning Commission voted 8-0 to place on pending until September 18, 2002.)

11. Special Permit No. 1961, requested by Chris Hansen, for material and equipment storage, on property
generally located at Yankee Hill Road and Coral Drive.
(7-24-02: Planning Commission voted 9-0 to place on pending.)

12a. County Special Permit No. 195, Beaver Creek Community Unit Plan, requested by J. D. Burt, with
Design Associates, for 7 residential acreage dwelling units, on property generally located at the
southeast corner of 134^th and "O" Streets.
(8-7-02: Planning Commission voted 7-0 to place on pending.)

12b. County Preliminary Plat No. 02011, Beaver Creek, requested by J. D. Burt, with Design Associates, for
approximately 7 lots, with requests to waive sidewalks, street trees, street lighting, and block length, on
property generally located at the southeast corner of 134^th and "O" Streets.
(8-7-02: Planning Commission voted 7-0 to place on pending.)

* * * * *
The Planning Commission meeting
which is broadcast live at 1:00 p.m. every other Wednesday
will be rebroadcast on Sundays at 1:00 p.m. on 5 City-TV, Cable
Channel 5.

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