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, October 2, 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, October 2, 2002, 12:00 -
1:00 p.m., in Room 113 of the County-City Building, 555 South 10th St., Lincoln,
Nebraska, for a briefing by city staff on the North 27th Street Corridor and
Environs Redevelopment Plan.

**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, OCTOBER 2, 2002

[Commissioners Krieser and Steward absent]

Approval of minutes of the regular meeting held September 18, 2002. ** APPROVED, 7-0 **

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

CHANGE OF ZONE:

1.1 Change of Zone No. 76HP, (1,238 K) requested by Jeramie Swanson, on behalf of Sigma Phi Epsilon
Foundation of Nebraska, for a landmark designation, on property generally located at N. 16^th Street and
Vine Street.
Planning staff recommendation: Approval
Staff Planner: Ed Zimmer, 441-6360
Planning Commission recommendation: APPROVAL, 7-0. Public Hearing before City Council
tentatively scheduled for October 21, 2002, 1:30 p.m.

PERMITS:

1.2 Special Permit No. 1987, (497 K) requested by Capitol Sign Co., to increase height of flag pole
from 75' to 100', on property generally located at N. 1^st and West "O" Streets. *** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Brian Will, 441-6362
Planning Commission 'final action': CONDITIONAL APPROVAL, 7-0, Resolution No. PC-00764.

PERMITS WITH RELATED ITEMS:

1.3a Special Permit No. 1982, (758 K) Sunshine Hills Community Unit Plan, requested by Brian Carstens
and Associates, on behalf of Carol Anderson, for 4 acreage lots and 4 outlots, with requests to waive
sidewalks, street trees, street lighting, landscape screening, cul-de-sac length, and block length, on
property generally located at N. 40^th Street and Bluff Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Duncan Ross, 441-7603
Planning Commission recommendation: CONDITIONAL APPROVAL, 7-0.

1.3b Preliminary Plat No. 02015, (758 K) Sunshine Hills, requested by Brian Carstens and Associates, on
behalf of Carol Anderson, for 4 acreage lots and 4 outlots, with requests to waive sidewalks, street trees,
street lighting, landscape screening, cul-de-sac length, and block length, on property generally located
at N. 40^th Street and Bluff Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Duncan Ross, 441-7603
Planning Commission recommendation: CONDITIONAL APPROVAL, 7-0.

PLATS:

1.4 Final Plat No. 02005, (563 K) I-80 Business Park Addition, requested by Robert Hampton of
Hampton L.L.C., to final plat 14 lots on property generally located at NW. 27^th St. and West 'O" St.
*** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Becky Horner, 441-6373
Planning Commission 'final action': APPROVAL, 7-0, Resolution No. PC-00765.

1.5 Final Plat No. 02017, (648 K) Hartland Homes East 8^th Addition, requested by Hartland Homes,
Inc., to final plat 48 lots on property generally located at S. 82^nd St. and Old Cheney Rd.
*** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Tom Cajka, 441-5662
Planning Commission 'final action': APPROVAL, 7-0, Resolution No. PC-00766.

1.6 Final Plat No. 02026, (821 K) North Hills 3^rd Addition, requested by Thomas White, John Brager
and Gerald Schleich, to final plat 96 lots and 1 outlot on property generally located at N. 14^th St. and
Morton Ave. *** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Becky Horner, 441-6373
Planning Commission 'final action': APPROVAL, 7-0, Resolution No. PC-00767.

1.7 Final Plat No. 02031, (532 K) Alderwood Addition, requested by Alderman Builders, to final plat 15
residential lots on property generally located at S. 83^rd St. and Bancroft Ave. *** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Brian Will, 441-6362
Planning Commission 'final action': APPROVAL, 7-0, Resolution No. PC-00768.

MISCELLANEOUS:

1.8 Comprehensive Plan Conformance No. 02010, (453 K)
requested by the Lancaster County Engineer, to review the proposed
Lancaster County Road and Bridge Construction Program, Fiscal Year 2003 and 2004-2008,
as to conformity with the Lincoln City/Lancaster County Comprehensive Plan.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Duncan Ross, 441-7603
Planning Commission recommendation: A FINDING OF CONFORMANCE WITH THE COMPREHENSIVE
PLAN, 7-0. Public Hearing before Lancaster County Board of Commissioners tentatively
scheduled for Tuesday, November 12, 2002 at 7:00 p.m.

1.9 Waiver of Design Standards No. 02018, (693 K) requested by August Ponstingl, with Ross
Engineering, on behalf of Aspen Builders, Inc., to waive paving, sidewalks, and street lighting, on
property generally located at SW 27^th Street and West A Street.
Planning staff recommendation: Approval, with the condition that when W. Washington St. is
connected with SW. 27^th St., all improvements will be required
Staff Planner: Tom Cajka, 441-5662
Planning Commission recommendation: APPROVAL, with the condition that when W. Washington
St. is connected with SW. 27th St., all improvements will be required, 7-0. Public Hearing before
City Council tentatively scheduled for October 21, 2002, 1:30 p.m.

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. 71HP, (1,140 K) from R-4 Residential District to R-4 Residential with Landmark
Designation, requested by the Historic Preservation Commission, for Landmark Designation of the
Bryan/LGH Medical Center West Nurse's Residence, on property located at 1650 Lake Street.
Planning staff recommendation: Approval
Staff Planner: Ed Zimmer, 441-6360
Had public hearing. Planning Commission recommendation: APPROVAL, 7-0. Public Hearing
tentatively scheduled for October 21, 2002, 1:30 p.m.

3.2 Change of Zone No. 3376, (565 K) from R-2 Residential District to H-3 Highway Commercial
District, requested by Ron McMahan, on property generally located at NW 14^th Street and West "O"
Street.
Planning staff recommendation: Denial
Staff Planner: Becky Horner, 441-6373
Had public hearing. Planning Commission recommendation: DENIAL, 7-0. Public Hearing
tentatively scheduled for October 21, 2002, 1:30 p.m.

3.3 Change of Zone No. 3378, (872 K) from R-5 Residential District and R-6 Residential District to R-2
Residential District, requested by David Witters, on behalf of the Near South Neighborhood Association,
on property generally located at S. 18^th Street and C Street.
Planning staff recommendation: Approval
Staff Planner: Ed Zimmer, 441-6360
Had public hearing. Planning Commission recommendation: APPROVAL, 6-0. Commissioner
Carlson declaring a conflict of interest. Public Hearing before City Council tentatively scheduled
for October 21, 2002, 1:30 p.m.

4. CONTINUED PUBLIC HEARING
AND ADMINISTRATIVE ACTION:

CHANGE OF ZONE WITH RELATED ITEMS:

4.1a Change of Zone No. 3375, (1,418 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: Approval
Staff Planner: Brian Will, 441-6362
Had Continued Public Hearing. Planning Commission recommendation: APPROVAL, 7-0.

4.1b Use Permit No. 146, (1,418 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: Conditional Approval
Staff Planner: Brian Will, 441-6362
Had Continued Public Hearing. Planning Commission recommendation: CONDITIONAL APPROVAL,
with amendment to Condition #1.1.1, 7-0.

PERMITS:

4.2 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 Continued Public Hearing. Applicant's request to place on PENDING granted, 7-0.

4.3 Special Permit No. 1691C, (736 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 requests to waive lot depth, lot width, and average lot area, on property generally located at S.
56^th Street and Shadow Pines Drive.
Planning staff recommendation: Conditional Approval
Staff Planner: Tom Cajka, 441-5662
Had Continued Public Hearing. Planning Commission recommendation: CONDITIONAL APPROVAL,
with amendment deleting Condition #1.1.12, 5-2 (Newman and Taylor dissenting).

MISCELLANEOUS:

4.4 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 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.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Duncan Ross, 441-7603
Had Continued Public Hearing. Planning Commission recommendation: A FINDING OF
CONFORMANCE WITH THE COMPREHENSIVE PLAN, 7-0. Public Hearing before City Council
tentatively scheduled for October 28, 2002, 5:30 p.m.

* * * * * *

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. County Change of Zone No. 209, 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.
(9-18-02: Planning Commission voted 9-0 to place on pending.)

13a. 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 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.
(9-18-02: Planning Commission will have Administrative Action on 10-16-02.)

13b. 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.
(9-18-02: Planning Commission will have Administrative Action on 10-16-02.)

* * * * *
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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