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 18, 2002, at 1:00 - 5:00
p.m. in the City-Council Chambers, County-City Building, 555 South
10th Street, Lincoln Nebraska, on the following items. The Planning
Commission will reconvene at 6:00 p.m. for any further public testimony.
For more information, call the Planning Department, 441-7491.

**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 18, 2002

Approval of minutes of the regular meeting held September 4, 2002.

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

PERMITS:

1.1 Special Permit No. 1986, (806 K) requested by J. D. Burt, with Design Associates, on behalf of TJK
Investments, Inc., for a parking lot in a residential zoning district, on property generally located at 27^th
Street and Vine Street.
Planning staff recommendation: Conditional Approval
Staff Planner: Duncan Ross, 441-7603
Removed from Consent Agenda and had separate public hearing due to letter in oppostion from
the Hartley Neighborhood Association. Planning Commission recommendation: CONDITIONAL
APPROVAL, 5-4 (Steward, Larson, Carlson and Newman dissenting).

MISCELLANEOUS:

1.2 Street & Alley Vacation No. 02010, (723 K) petitioned by Matthew and Briana Graham, to vacate
the west 18' of Madison Street, a county road in Walton, generally located at S. 119^th Street and Madison
Street, south of A Street.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Mike DeKalb, 441-6370
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 County Change of Zone No. 209, (623 K) from AG Agricultural District to AGR Agricultural Residential
District, requested by Bruce Pester, on behalf of Yankee, L.L.C., on property generally located at S. 12^th
Street (Highway 77) and West Sprague Road.
Planning staff recommendation: Deferral; Denial if action is requested
Staff Planner: Mike DeKalb, 441-6370
Had public hearing. Planning Commission voted to PLACE ON PENDING, 9-0.

CHANGE OF ZONE WITH RELATED ITEMS:

3.2a Change of Zone No. 3375, (1,356 K) from R-1 Residential District and AGR Agricultural Residential
District to O-3 Office Park District, requested by Steve Miller, with Olsson Associates, on behalf of West
Gate Bank, on property generally located at Highway 2 and Old Cheney Road.
Planning staff recommendation: Deferral
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission voted 5-4 to defer with CONTINUED PUBLIC
HEARING AND ADMINISTRATIVE ACTION scheduled for 10/2/02. (Duvall, Krieser, Larson
and Schwinn dissenting).

3.2b Use Permit No. 146, (1,356 K) requested by Steve Miller, with Olsson Associates, on behalf of West
Gate Bank, for a 60,000 square foot office and financial building, with requests to waive the maximum
height limit in the O-3 District and street trees along Highway 2, on property generally located at Highway
2 and Old Cheney Road.
Planning staff recommendation: Deferral
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission voted 5-4 to defer with CONTINUED PUBLIC
HEARING AND ADMINISTRATIVE ACTION scheduled for 10/2/02. (Duvall, Krieser, Larson
and Schwinn dissenting).

MISCELLANEOUS:

3.3 Street & Alley Vacation No. 02011, (554 K) requested by Benjamin and Stacy Hollingsworth, to
vacate the north 18' of Glade Street from S. 48^th Street, east 124.2'.
Planning staff recommendation: A finding of nonconformance with the Comprehensive Plan
Staff Planner: Abby Davis, 441-6372
Had public hearing. Planning Commission recommendation: A FINDING THAT THE PROPOSED
STREET VACATION DOES NOT CONFORM WITH THE COMPREHENSIVE PLAN, 7-2. (Duvall
and Krieser dissenting).

3.4 Waiver of Design Standards No. 02017, (1,134 K) requested by Susan J. Johnson, to waive sidewalk
and pedestrian way easement, on property generally located at S. 70^th Street and Old Cheney Road.
Planning staff recommendation: Approval to waiving sidewalk adjacent to Lot 1; Denial to
waiver of sidewalks within the pedestrian easement and adjacent to Lot 2, along S. 70^th St.
Staff Planner: Tom Cajka, 441-5662
Had public hearing. Planning Commission recommendation: APPROVAL OF THE WAIVERS AS
REQUESTED BY THE APPLICANT, 7-2. (Carlson and Newman dissenting). Public hearing before
City Council is tentatively scheduled for October 7, 2002.

4. CONTINUED PUBLIC HEARING
AND ADMINISTRATIVE ACTION:

PERMITS:

4.1 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: Abby Davis, 441-6372
Had continued public hearing. Planning Commission recommendation: CONDITIONAL
APPROVAL, 9-0.

CHANGE OF ZONE WITH RELATED ITEMS:

4.2a Change of Zone No. 3366, (1,288 K) 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 section 27.82.010 to provide a title, authority
and applicability; to add a new section 27.82.020 to provide legislative findings and purpose; to add
a new section 27.82.030 to provide intent; to add a new section 27.82.040 to provide definitions; to
add a new section 27.82.050 to provide for imposition of impact fees; to add a new section 27.82.060
to provide exemptions from impact fees; to add a new section 27.82.070 to provide for the creation of
an impact fee fund and impact fee accounts; to add a new section 27.82.080 to provide for refunds of
impact fees paid; to add a new section 27.82.090 to provide for post-ordinance developer agreements
regarding Impact Fee Facilities; to add a new section 27.82.100 to provide for developer reimbursement
for participation in financing or constructing Impact Fee Facilities; and to add a new section 27.82.110 to
provide for miscellaneous provisions.
Planning staff recommendation: Approval
Staff Planner: Steve Henrichsen, 441-6374
Had continued public hearing. After a motion to take action on September 18, 2002 failed, the
Planning Commission voted to DEFER WITH ADMINISTRATIVE ACTION scheduled for October
16, 2002. Public hearing was closed.

4.2b Miscellaneous No. 02005, (1,288 K) 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.
Planning staff recommendation: Approval
Staff Planner: Steve Henrichsen, 441-6374
Had continued public hearing. After a motion to take action on September 18, 2002 failed, the
Planning Commission voted to DEFER WITH ADMINISTRATIVE ACTION scheduled for October
16, 2002. Public hearing was closed.

* * * * * *

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.)

10. 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.)

11a. 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.)

11b. 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.)

12. Comprehensive Plan Conformance No. 02008, 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 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 Ave. and on the east by 31^st Street.
(9-4-02: Planning Commission voted 9-0 to continue public hearing on 10-2-02.)

13. Use Permit No. 89B, 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.
(9-4-02: Planning Commission voted 8-0 to continue public hearing on 10-2-02.)

14. Special Permit No. 1691C, 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.
(9-4-02: Planning Commission voted 8-0 to continue public hearing on 10-2-02.)

* * * * *
The Planning Commission meeting
which is broadcast live at 1:00 p.m. every other Wednesday
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Channel 5.

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