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 17, 2003, 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.

**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 17, 2003

[All Members Present]

Approval of minutes of the regular meeting held September 3, 2003. ** APPROVED, 7-0 (Larson abstaining) **

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

PERMITS:

1.1 Special Permit No. 572F, (272 K) amendment to the Thomasbrook/Holmes Haven Condo Community
Unit Plan, to enclose a patio in the rear yard, on property generally located at S. 60^th Street and Normal
Boulevard.
Planning staff recommendation: Conditional Approval
Staff Planner: Tom Cajka, 441-5662
Planning Commission recommendation: CONDITIONAL APPROVAL, as set forth in the staff
report dated September 4, 2003, 8-0. Public hearing before City Council tentatively scheduled
for October 6, 2003, 1:30 p.m.

1.2 Special Permit No. 643E, (358 K) to amend the Briarhurst West Community Unit Plan, to waive the rear
yard setback and allow the deck height to be higher than 3', on property generally located at S. 27^th
Street and Old Cheney Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Becky Horner, 441-6373
Planning Commission recommendation: CONDITIONAL APPROVAL, as set forth in the staff
report dated September 4, 2003, 8-0. Public hearing before City Council tentatively scheduled
for October 6, 2003, 1:30 p.m.

1.3 Special Permit No. 1939B, (582 K) Nebraska Heart Hospital, to add medical office floor area and to
amend the parking lot layout, on property located at 7500 S. 91^st Street. *** FINAL ACTION ***
Planning staff recommendation: Conditional Approval
Staff Planner: Brian Will, 441-6362
Removed from Consent Agenda and had separate public hearing. Applicant's request for
deferral granted, with CONTINUED PUBLIC HEARING AND ADMINISTRATIVE ACTION scheduled
for October 1, 2003, 1:00 p.m.

MISCELLANEOUS:

1.4 County Miscellaneous No. 03011, (8 K) to add a new Section 3.26 to the County Subdivision
Resolution, to add a Postponement Fee of $125.00 when an application is required to be readvertised
after postponement for an indefinite period at the request of the applicant.
Planning staff recommendation: Approval
Staff Planner: Mike DeKalb, 441-6370
Planning Commission recommendation: APPROVAL, 8-0. Public hearing before County Board
to be scheduled.

1.5 Comprehensive Plan Conformance No. 03009, (212 K) to review the proposed acquisition of a
conservation easement, on property generally located at West A Street and SW 1^st Street, as to
conformance with the 2025 Lincoln-Lancaster County Comprehensive Plan. *** FINAL ACTION ***
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Greg Czaplewski, 441-7620
Planning Commission 'final action': A FINDING OF CONFORMANCE WITH THE COMPREHENSIVE
PLAN, 8-0. Resolution No. PC-00827.

1.6 Street & Alley Vacation No. 03009, (362 K) to vacate Potter Street between the east line of N. 26^th
Street and the west line of N. 27^th Street, located in Section 13- 10-6, Lancaster County, Nebraska.
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, 8-0. Public hearing before City Council will not be scheduled
until the provisions of Chapter 14.20 of the Lincoln Municipal Code have been satisfied.

1.7 Waiver No. 03011, (385 K) to waive the minimum lot depth, on property generally located at N.
1^st Street and Fairfield Street. *** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Tom Cajka, 441-5662
Removed from Consent Agenda and has separate public hearing. Planning Commission
'final action': APPROVAL, 8-0. Resolution No. PC-00828.

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. 3418, (387 K) from R-2 Residential District to H-2 Highway Business District, on
property generally located Ť block east of N. 48^th Street and Orchard Street.
Planning staff recommendation: Denial
Staff Planner: Becky Horner, 441-6373
Planning Commission recommendation: DENIAL, 7-1 (Commissioner Duvall dissenting).
Public hearing before City Council tentatively scheduled for October 6, 2003, 1:30 p.m.

PERMITS:

3.2 Special Permit No. 1423H, (397 K) to amend the HiMark Estates Community Unit Plan, to add
approximately 26 single family units, with requests to waive minimum intersection separation, side yard
setback, minimum lot size, the preliminary plat process, and width of major streets, on property generally
located at S. 84^th Street and Old Cheney Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Greg Czaplewski, 441-7620
Had public hearing. Planning Commission recommendation: CONDITIONAL APPROVAL, as
forth in the staff report dated August 22, 2003, with amendment, 8-0. Site specific conditions
of approval required to be satisfied prior to scheduling on City Council agenda.

MISCELLANEOUS:

3.3 Annexation No. 97007, (495 K) to annex approximately 503.6 acres, more or less, generally located
at S. Folsom Street and W. Van Dorn Street.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Brian Will, 441-6362
Had public hearing. Held over due to error in legal description. CONTINUED PUBLIC HEARING
AND ADMINISTRATIVE ACTION scheduled for October 1, 2003, 1:00 p.m.

4. CONTINUED PUBLIC HEARING
AND ADMINISTRATIVE ACTION:

CHANGE OF ZONE:

4.1 Change of Zone No. 2751A, (596 K) amendment to Van Dorn Acres Final Planned Unit Development,
for approximately 220 residential dwelling units, approximately 33,000 square feet of service commercial
floor area, and to approve uses found in the B-1 Local Business District including the sale of alcohol
for consumption on or off the premises within 100' of a residential district or residential use, with waiver
requests to allow a private sanitary lift station, and to waive pedestrian way easements, parking lot design
standards, building separation, height, and to allow a fence in excess of 6'4", on property generally located
at S. 84^th Street and Van Dorn Street.
Planning staff recommendation: Conditional Approval
Staff Planner: Greg Czaplewski, 441-7620
Had continued public hearing. Planning Commission recommendation: CONDITIONAL
APPROVAL, as revised by staff on September 17, 2003, with amendments, 8-0. Site specific
conditions of approval required to be satisfied before scheduling on City Council agenda.

4.2 Change of Zone No. 3413, (524 K) from R-4 Residential District to R-2 Residential District, requested
by Landon's Neighborhood Association and Regalton Neighborhood Association, on property generally
located at N. 24^th Street and Superior Street.
Planning staff recommendation: Denial
Staff Planner: Becky Horner, 441-6373
Had continued public hearing. Applicant's request for deferral granted, with CONTINUED
PUBLIC HEARING AND ADMINISTRATIVE ACTION scheduled for October 29, 2003, 1:00 p.m.
PERMITS:

4.3 Special Permit No. 1423G, (475 K) amendment to the HiMark Estates Community Unit Plan, to add
approximately 20 single family units, with requests to waive the width of major streets, the preliminary
plat process, minimum intersection separation, lot size, cul-de-sac radius, and sidewalks, on property
generally located at S. 84^th Street and Old Cheney Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Greg Czaplewski, 441-7620
Had continued public hearing. Planning Commission recommendation: CONDITIONAL
APPROVAL, as set forth in the revised staff report dated September 4, 2003. Site specific
conditions of approval required to be satisfied prior to scheduling on City Council agenda.

PLATS:

4.4 Preliminary Plat No. 02005, (274 K) Catherland Subdivision, for 8 lots, with requests to waive the
sidewalk on Cather Street, sanitary sewer running opposite street grades, and sanitary sewer draining
from one basin to another, on property generally located at N. 70^th Street and Fletcher Avenue.
Planning staff recommendation: Conditional Approval
Staff Planner: Tom Cajka, 441-5662
Had continued public hearing. Planning Commission recommendation: CONDITIONAL
APPROVAL, as set forth in the staff report dated August 1, 2003. Site specific conditions of
approval required to be satisfied prior to scheduling on City Council agenda.

* * * * * *

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

* * * * * *

PENDING LIST:

1. 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.)

2a. 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.)

2b. 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.)

3. 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.)

4a. 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.)

4b. 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.)

4c. 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.)

5. 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.)

6a. 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.)

6b. 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.)

6c. 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.)

6d. 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.)

7a. 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.)

7b. 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.)

7c. 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.)

8. 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.)

9. 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.)

10a. 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.)

10b. 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.)

11. 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.)

12. 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.
(10-2-02: Planning Commission voted 7-0 to place on pending.)

13. Comprehensive Plan Amendment No. 02002.3, S. 82^nd St. and Roca Rd.; Comprehensive Plan Amendment
No. 02002.5, Hidden Valley Golf Course; Comprehensive Plan Amendment No. 02002.6, SW. 78^th St. and
W. Van Dorn; Comprehensive Plan Amendment No. 02002.7, N. 84^th St. and Waverly Rd.
(10-16-02: Planning Commission voted to defer until completion of studies called for in the 2025
Comprehensive Plan.)

14. County Change of Zone No. 213, from AG Agricultural District to AGR Agricultural Residential District,
requested by Lloyd and Terri Jakoubek, on property generally located at NW 70^th Street and Mill Road.
(3-19-03: Planning Commission voted 9-0 to defer until completion of studies called for in the 2025
Comprehensive Plan.)

15. Special Permit No. 1583A, requested by Paul J. Peter, on behalf of Russell W. Raybould, to allow a
commercial parking lot in a residential district, on property generally located at S. 17^th Street
and Garfield Street.
(7-9-03: Planning Commission voted 7-0 to place on pending.)

16. County Change of Zone No. 216, from AG Agricultural District to AGR Agricultural Residential District,
requested by Daniel C. James, Par Excellence, L.L.C., on property generally located at S. 162^nd
Street and Pella Road.
(8-20-03: Planning Commission voted 9-0 to place on pending until November 12, 2003.)
17a. Annexation No. 03002, by the Director of Planning, at the request of Kelvin Korver, with Eiger Corp., to
annex property generally located at S. 91^st Street and Highway 2.
(8-20-03: Planning Commission voted 9-0 to place on pending until November 12, 2003.)

17b. Change of Zone No. 3411, from AG Agricultural District and AGR Agricultural Residential District to B-5
Planned Regional Business District, requested by Kelvin Korver, with Eiger Corp., on property generally
located at S. 91^st Street and Highway 2.
(8-20-03: Planning Commission voted 9-0 to place on pending until November 12, 2003.)

17c. Use Permit No. 150, requested by Kelvin Korver, with Eiger Corp. for approximately 228,000 square feet
of commercial/retail floor area, with requests to waive the requirement for a preliminary plat; to allow the
Planning Director to administratively approve final plats based upon the use permit; to allow the Planning
Director to approve final plats with private roadways and public streets; sidewalks; and transfer from one
sewage drainage basin to another, on property generally located at S. 91^st Street and Highway 2.
(8-20-03: Planning Commission voted 9-0 to place on pending until November 12, 2003.)

* * * * *
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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