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 29, 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.

The Planning Commission will meet on Wednesday, November 12, 2003, 12:30 - 1:00 p.m. in
Room 113 of the County-City Building, 555 South 10th Street, Lincoln, Nebraska, for a briefing
by City staff on the Rural Acreage Studies.

The Planning Commission has canceled their meeting scheduled for December 24, 2003

**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, NOVEMBER 12, 2003

Approval of minutes of the regular meeting held October 29, 2003. ** APPROVED, 6-0 (Larson absent;
Bills-Strand abstained) **

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

MISCELLANEOUS WITH RELATED ITEMS:

1.1a Comprehensive Plan Conformance No. 03011, (224 K) to review the proposed declaration of surplus
property, generally located at NW 12^th Street, north of West Highlands Boulevard, as to conformance
with the 2025 Lincoln City-Lancaster County Comprehensive Plan.
Planning staff recommendation: Conformance with the Comprehensive Plan
Staff Planner: Becky Horner, 441-6373
Removed from the Consent Agenda and had separate public hearing. Planning Commission
recommendation: A FINDING OF CONFORMANCE WITH THE COMPREHENSIVE PLAN, 7-0,
(Larson absent). Public hearing before City Council tentatively scheduled for December 1,
2003, 1:30 p.m.

1.1b Change of Zone No. 3425, (224 K) from P Public Use District to O-3 Office Park District, on
property generally located at NW 12^th Street and West Highlands Boulevard.
Planning staff recommendation: Approval
Staff Planner: Becky Horner, 441-6373
Removed from the Consent Agenda and had separate public hearing. Planning Commission
recommendation: APPROVAL, 7-0 (Larson absent). Public hearing before City Council
tentatively scheduled for December 1, 2003, 1:30 p.m.

2. ITEMS REMOVED FROM CONSENT AGENDA:

2.1 ___________________________________

2.2 ___________________________________

3. PUBLIC HEARING
AND ADMINISTRATIVE ACTION:

PERMITS:

3.1 Special Permit No. 1013J, (237 K) to adjust the front yard setback to allow a driveway to be located
in the front yard, on property generally located at S. 56^th Street and Highway 2.
Planning staff recommendation: Conditional Approval
Staff Planner: Greg Czaplewski, 441-7620
Had public hearing. Planning Commission recommendation: CONDITIONAL APPROVAL, as set
forth in the staff report dated October 31, 2003, with amendment to Condition #2, 7-0 (Larson
absent). Site specific conditions of approval required to be satisfied before scheduling on
Council agenda.

MISCELLANEOUS:

3.2 Waiver No. 03013, (187 K) to waive the lot width to depth ratio, on property generally located at S.
43^rd Street and South Street. *** FINAL ACTION ***
Planning staff recommendation: Approval
Staff Planner: Tom Cajka, 441-5662
Had public hearing. Planning Commission 'final action': APPROVAL, 5-3 (Larson, Bills-
Strand, Duvall, Krieser and Steward voting 'yes'; Carlson, Marvin and Taylor voting 'no').
Resolution No. PC-00834.

MISCELLANEOUS WITH RELATED ITEMS:

3.3a Annexation No. 02012: Part 1 (997 K) , Part 2 (1,059 K) to annex property generally located
at the southeast corner of S. 27^th Street and Yankee Hill Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission recommendation: APPROVAL, subject to an
Annexation Agreement, 8-0.

3.3b Change of Zone No. 3423: Part 1 (997 K) , Part 2 (1,059 K) from AG Agricultural District to
R-3 Residential District, R-5 Residential District, O-3 Office Park District, and B-2 Planned Neighborhood
Business District, on property generally located at the southeast corner of S. 27^th Street and Yankee
Hill Road.
Planning staff recommendation: Approval
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission recommendation: APPROVAL, 8-0.

3.3c Special Permit No. 1999: Part 1 (997 K) , Part 2 (1,059 K) Wilderness Hills Community Unit
Plan, for approximately 640 dwelling units, with requests to waive the preliminary plat process,
landscaping, setbacks, sidewalks, lot area, maximum allowed height, and to allow sewer to run
opposite street grades, on property generally located at the southeast corner of S. 27^th Street and
Yankee Hill Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission recommendation: CONDITIONAL APPROVAL, as
set forth in the staff report dated October 30, 2003, with the amendments as requested by the
applicant and agreed upon by staff, 8-0. Site specific conditions of approval required to be
satisfied prior to scheduling on Council agenda.

3.3d Use Permit No. 154: Part 1 (997 K) , Part 2 (1,059 K) for approximately 494,500 square feet
of office/commercial floor area, with requests to waive the preliminary plat process, landscaping,
setbacks, sidewalks, lot area, maximum allowed height, and to allow sanitary sewer to run
opposite street grades, on property generally located at the southeast corner of S. 27^th Street and
Yankee Hill Road.
Planning staff recommendation: Conditional Approval
Staff Planner: Brian Will, 441-6362
Had public hearing. Planning Commission recommendation: CONDITIONAL APPROVAL, as
set forth in the staff report dated October 30, 2003, with the amendments as requested by the
applicant and agreed upon by staff, 8-0. Site specific conditions of approval required to be
satisfied prior to scheduling on Council agenda.

4. CONTINUED PUBLIC HEARING
AND ADMINISTRATIVE ACTION:

CHANGE OF ZONE:

4.1 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.
Staff Planner: Mike DeKalb, 441-6370
*** WITHDRAWN BY THE APPLICANT, 11/3/03 ***

MISCELLANEOUS WITH RELATED ITEMS:

4.2a Annexation No. 03002, (24 K) 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.
The applicant has requested deferral until December 10, 2003
Staff Planner: Brian Will, 441-6362
Had continued public hearing. Applicant's amended request for deferral until January 7, 2004,
granted.

4.2b Change of Zone No. 3411, (24 K) 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.
The applicant has requested deferral until December 10, 2003
Staff Planner: Brian Will, 441-6362
Had continued public hearing. Applicant's amended request for deferral until January 7, 2004,
granted.

4.2c Use Permit No. 150, (24 K) 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.
The applicant has requested deferral until December 10, 2003
Staff Planner: Brian Will, 441-6362
Had continued public hearing. Applicant's amended request for deferral until January 7, 2004,
granted.

(See 10-29-03 agenda for staff reports on the following items.)

PERMITS:

4.3 Special Permit No. 2039, (603 K) for authority to sell alcoholic beverages for consumption off the
premises, on property generally located at S. 48^th Street and Highway 2.
Planning staff recommendation: Conditional Approval
Staff Planner: Brian Will, 441-6362
Had continued public hearing. Planning Commission recommendation: CONDITIONAL
APPROVAL, as set forth in the staff report dated October 15, 2003, 5-3 (Larson, Bills-Strand,
Marvin, Duvall and Steward voting 'yes': Carlson, Taylor and Krieser voting 'no'). Site
specific conditions of approval required to be satisfied prior to scheduling on Council
agenda.

CHANGE OF ZONE WITH RELATED ITEMS:

4.4a Change of Zone No. 3399, (45 K) to amend Ordinance No. 18113 relating to impact fees by amending
Section 6 adding a new section 27.82.060 (Exemption from Impact Fees) to the Lincoln Municipal Code
by amending Section 27.82.060 to clarify that valid building permit applications submitted prior to June
2, 2003 are exempt from impact fees, to provide when a building permit application shall be deemed
complete, to clarify that amendments, modifications or other changes to an approved development
which is categorically exempt will be subject to the imposition of impact fees in accordance with the
provisions of Section 27.82.050, to delete Table 27.82.060(b), to delete references to approvals qualifying
for category exemptions, to clarify when a claim of exemption for Low Income Owner-Occupied Housing
and Low Income Rental Housing must be made, and when said claims become valid; by amending
Section 7 adding a new section numbered 27.82.070 (Impact Fee Funds) to the Lincoln Municipal Code
amending Section 27.82.070 to clarify that no more than 2% of the impact fees collected may be used to
compensate the City for administrative expenses including refunds; by amending Section 8 adding a new
section numbered 27.82.080 (Refunds of Impact Fees Paid) to the Lincoln Municipal Code by amending
Section 27.82.080 to provide for a refund of impact fees previously paid when the development subsequently
qualifies for an Owner-Occupied Low Income Housing Exemption; by amending Section 11 adding a new
section numbered 27.82.110 (Miscellaneous Provisions) to the Lincoln Municipal Code by amending
Section 27.82.110 to eliminate reference to administrative costs, to modify provisions regarding reducing
impact fees to allow a subsidy based upon meeting established economic criteria, to modify provisions
regarding adjustments for inflation, and to reletter the various subsections; by amending Section 16
adopting and incorporating the Downtown/Antelope Valley Exclusion Area Map, the Water Distribution
Impact Fee Benefit Areas Map, the Arterial Street Impact Fee Benefit Areas Map, and the Neighborhood
Park and Trail Impact Fee Benefit Areas Map into Ordinance No. 18113 to provide that those maps be
codified in the Lincoln Municipal Code as Appendixes 1 through 4 to Chapter 27.82; by amending Section
17 adopting and incorporating the Impact Fee Study prepared by Duncan Associates into Ordinance No.
18113 by amending Table 4, Arterial Street Cost Per Mile, to exclude sidewalks, water and wastewater line
adjustments and to reduce the number of units for full intersection traffic signals from 3.5 to 1.5 units per
mile in determining the total cost per mile for a four-lane arterial and by deleting the second paragraph of
text on page 12 of the Study and to provide that one copy of the Impact Fee Study be filed in the office of
the City Clerk for use and examination by the public; by amending Section 20 to provide that Ordinance
No. 18113 shall be in full force and effect as of June 2, 2003 after its passage and posting on the official
bulletin board of the City in lieu of newspaper publication, and repealing Sections 6, 7, 8, 11, 16, 17, and
20 of Ordinance No. 18113 and Sections 27.82.060, 27.82.070, 27.82.080, and 27.82.110 of the Lincoln
Municipal Code as hitherto existing.
Planning staff recommendation: Approval
Staff Planner: Steve Henrichsen, 441-6374
Had continued public hearing. Planning Commission recommendation: APPROVAL, with
amendment to 27.82.110, reinstating language in subsection (k), "Such adjustments in such
fees shall become effective upon approval by resolution of the City Council.", 8-0. Public
hearing before City Council tentatively scheduled for December 1, 2003, 1:30 p.m.

4.4b Miscellaneous No. 03012, (38 K) adopting Criteria for the City of Lincoln for the Reimbursement of
Impact Fees for Economic Development. The criteria provides for reimbursement of arterial street impact
fees of qualifying businesses who meet specific thresholds in job creation and investment in Lincoln.
Planning staff recommendation: Approval
Staff Planner: Steve Henrichsen, 441-6374
Had continued public hearing. Planning Commission voted 8-0 to place on pending for
six months.

* * * * * *

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. Comprehensive Plan Amendment No. 03007, by the Director of Planning, at the request of the Lancaster
County Board of Commissioners, to amend the 2025 Lincoln/Lancaster County Comprehensive Plan, to
remove a statement relating to the future determination of county impact fees.
(5-21-03: Planning Commission voted 5-1 to defer until completion of the rural acreage studies called
for in the Comprehensive Plan.)

16. Comprehensive Plan Amendment No. 03009, by the Director of Planning, at the request of Jim Hrouda,
Mayor for the City of Hickman, to amend the 2025 Lincoln/Lancaster County Comprehensive Plan, to
adopt the Hickman Horizon Plan as an approved subarea plan and amend the Land Use Plan to reflect
commercial and low density residential uses in the vicinity of Hickman.
(5-21-03: Planning Commission voted 6-0 to defer until completion of the rural acreage studies
called for in the Comprehensive Plan.)

17. 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.)

18. Change of Zone No. 3413, 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.
(10-29-03: Planning Commission voted 6-0 to place on pending until February 18, 2004.)

The Planning Commission has canceled their meeting scheduled for December 24, 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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