WASHINGTON COUNTY PLANNING COMMISSION MINUTES
August 5, 2010 7:00 p.m.
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“All Commission members receive staff reports approximately one week prior to the meeting”
MEMBERS PRESENT STAFF PRESENT________
Gary Lambrecht, Chairman Doug Cook, Plng. Admin.
Doug Dierks Barb Brazelton, Plng. Ass’t.
Lyle Schjodt
Matt Mathiesen
Wes Petznick
Eileen Stamp
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COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:00 p.m.
At time of roll call, “new” member Dale Albracht was absent.
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in accordance with the
Nebraska Open Meetings Act and a copy of that Act is posted in the room; and noted that copies of material
(staff reports) the Commission receives are also available in the hallway.
With regard to the June 3, 2010 minutes, the following action was taken:
MOTION: Mathiesen
I move the June 3, 2010 minutes be approved as presented.
SECOND: Stamp
VOTE: Aye – Stamp, Petznick, Mathiesen, Schjodt, Dierks and Lambrecht
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Stamp
I move the agenda be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Petznick, Mathiesen, Schjodt, Dierks, Lambrecht and Stamp
Nay – none MOTION CARRIED
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PUBLIC HEARINGS:
PRELIMINARY PLAT
1. Preliminary Plat request of Benjamin Rogge
Of Lots 1 and 2 of River Shores Subdivision, both lots greater than 10 acres in size, a subdivision
of part of Tax Lot 42 in Section 29 and part of Tax Lot 23 in Section 30-Township 19 North-Range
12 East of the Sixth P.M. (general location: north side of Riverside Lane across
from 10267 Riverside Lane)
Chairman Lambrecht recognized the staff report and asked staff if there was any new information
since the packets were received. The Planning Administrator responded that letters from the Blair
Fire Chief, Blair Postmaster, Township # 2 Chairperson Mary Sully, the NRD and Blair Schools
have now been received and were on the members’ table.
Chairman Lambrecht opened the public hearing.
Applicant Rogge then explained the request:
* he would like to sell-off Lots 1 and 2
* he is working to have all \ part of these Lots to be taken out of the Floodway (per proposed
new DFIRM Maps)
* the cul-de-sac has not been constructed, however it is being engineered
Lois Gnuse, from the Cottonwood cabin area, expressed concern about the 2” water line being
adequate to serve 2 new homes; she would prefer no more water taps.
Chairman Lambrecht closed the public hearing.
The Planning Administrator explained that even though the two lots are over 10-acres in size, they
both cross a section line and, per the County Surveyor, tax lots cannot cross section lines. Only
by subdividing does the section line “disappear.”
Members Schjodt and Stamp expressed concerns that there was incomplete information with this
request, such as covenants were poorly written, the City main water line location not shown on the
plat, and where does the 2” water line go to the east of the section line.
MOTION: Lambrecht
I move the Preliminary Plat request of Benjamin Rogge of Lots 1 and 2 of River
Shores Subdivision, both lots greater than 10 acres in size, a subdivision of part
of Tax Lot 42 in Section 29 and part of Tax Lot 23 in Section 30-Township 19
North-Range 12 East of the Sixth P.M. (general location: north side of Riverside
Lane across from 10267 Riverside Lane) be approved provided:
1. that a permanent access easement be created (or proof of existing easement
be provided) for existing Riverside Lane
2. that the applicant work with the County’s Engineer regarding a drainage
review (all costs at developers’ expense)
3. that no action be taken on a final plat until the improvements to County Road
P14 have been completed and approved by the County Highway
Superintendent.
SECOND: Petznick
VOTE: Aye – Petznick, Mathiesen, Dierks and Lambrecht
Nay – Schjodt and Stamp MOTION CARRIED
The staff was requested to ask County Surveyor Dick Hansen be present at the September meeting
to explain the tax lot \ section line issue.
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REPORTS FROM STAFF
The Planning Administrator noted the County Supervisors concurred with the Commission’s June
recommendations.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
Conditional Use Permit reviews:
FILE APPLICANT PURPOSE STAFF RECOMMENDATION
91-02 James Sanford mfg. home (caretaker) REVOKE, no longer applicable
02-05 R. Wilkins & Sons sludge approve, 1 year review
87-03 Tyson Farms mfg. home approve, 5 year review
79-01 Summitt Pig mobile home approve, 5 year review
MOTION: Mathiesen
I move to concur with the staff’s recommendation on CUP reviews # 91-02,
02-05, 87-03 and 79-01.
SECOND: Stamp
VOTE: Aye – Mathiesen, Schjodt, Dierks, Lambrecht, Stamp and Mathiesen
Nay – none MOTION CARRIED
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 7:50 p.m.
___________________________
Gary Lambrecht, Chairman
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
June 3, 2010 7:00 p.m.
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“All Commission members receive staff reports approximately one week prior to the meeting”
MEMBERS PRESENT STAFF PRESENT________
Gary Lambrecht, Chairman Barb Brazelton, Plng. Ass’t.
Doug Dierks
Matt Mathiesen, Vice-Chairman
Wes Petznick
Lyle Schjodt
Eileen Stamp
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COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:02 p.m.
At time of roll call, member Voss was absent.
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in accordance
with the Nebraska Open Meetings Act and a copy of that Act is posted in the room; and noted that
copies of material (staff reports) the Commission receives are also available in the hallway.
With regard to the May 6, 2010 minutes, the following action was taken:
MOTION: Petznick
I move the May 6, 2010 minutes be approved as presented.
SECOND: Stamp
VOTE: Aye – Schjodt, Mathiesen, Stamp, Petznick, Dierks and Lambrecht
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Mathiesen
I move the agenda be approved as presented.
SECOND: Stamp
VOTE: Aye – Mathiesen, Stamp, Petznick, Dierks, Lambrecht and Schjodt
Nay – none MOTION CARRIED
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PUBLIC HEARINGS:
CONDITIONAL USE PERMITS
1. Conditional Use Permit request of John C. and Clara M. Hammon
To temporarily allow two single-family residences on Tax Lot 40, Section 31-Township 17 North-Range
12 East of the Sixth P.M. (address: 1691 State Highway 133).
Applicant Hammon explained that he proposes to construct a new residence further north and west
of the existing house while living in the other residence. He continued that once the new house can
be occupied, the State will remove the existing house.
Chairman Lambrecht opened the public hearing. There were no public comments. Chairman
Lambrecht closed the public hearing.
MOTION: Stamp
I move the Conditional Use Permit request of John Hammon to temporily allow
two single-family residences on Tax Lot 40, Section 31-Township 17 North-
Range 12 East of the Sixth P.M.(address: 1691 State Highway 133) be approved
as presented with a review in one year.
SECOND: Petznick
VOTE: Aye – Stamp, Petznick, Dierks, Lambrecht, Schjodt, and Mathiesen
Nay – none MOTION CARRIED
2. Conditional Use Permit request of Tom M. Andersen
To allow a water well drilling service and on-premise sign on Tax Lot 33, Section 16-Township 19
North-Range 11 east of the Sixth P.M. (address: 16624 US Highway 75).
Staff noted that Tom Andersen is proposing a 3’ x 5’ sign to be placed on the west side of the building,
on the east side of Highway 75. The sign will be unlighted and be a business sign (on premise).
Applicant Andersen explained that he wanted to move his existing well drilling business into the
building on the property. He also explained that he would like a 3’ x 5’ sign placed on the side of
the building so delivery vehicles could find his business.
Chairman Lambrecht opened the public hearing. There were no public comments.
Chairman Lambrecht closed the public hearing.
MOTION: Stamp
I move the Conditional Use Permit request of Tom Andersen to allow a water well
drilling service and 3’ x 5’ on premise sign on Tax Lot 33, Section 16-Township
19 North-Range 11 East of the Sixth P.M. (address: 16624 US Highway 75) be
approved as presented with a review in ten years.
SECOND: Mathiesen
VOTE: Aye – Petznick, Dierks, Lambrecht, Schjodt, Mathiesen and Stamp
Nay – none MOTION CARRIED
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REPORTS FROM STAFF
Brazelton reported on the County Supervisor actions on the May Commission recommendations.
Chairman Lambrecht stated that three members needed to be appointed to the Subcommittee of Six.
The past members, Mathiesen, Schjodt, and Lambrecht stated that they would serve on the
subcommittee for the next year. Chairman Lambrecht stated that Stamp would be available
to substitute if needed.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
09-04 Gordon Husk 2 homes temporarily revoke, no longer applicable
09-05 Neale Shaner, trustee trailer for farm land approve, review in 1 year
MOTION: Stamp
I move that we concur with the staff recommendations on the reviews of
Conditional Use Permit files 09-04 and 09-05.
SECOND: Mathiesen
VOTE: Aye – Lambrecht, Dierks, Schjodt, Mathiesen, Stamp and Petznick
Nay – none MOTION CARRIED
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 7:25 p.m.
___________________________
Gary Lambrecht, Chairman
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
May 6, 2010 7:00 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
“All Commission members receive staff reports approximately one week prior to the meeting”
MEMBERS PRESENT STAFF PRESENT________
Gary Lambrecht, Chairman Doug Cook, Plng. Admin.
Doug Dierks
Wes Petznick
Eileen Stamp
Kay Voss
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:00 p.m.
At time of roll call, members Mathiesen and Schjodt were absent.
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in
accordance with the Nebraska Open Meetings Act and a copy of that Act is posted in the room;
and noted that copies of material (staff reports) the Commission receives are also available in
the hallway.
With regard to the April 8, 2010 minutes, the following action was taken:
MOTION: Petznick
I move the April 8, 2010 minutes be approved as presented.
SECOND: Voss
VOTE: Aye – Stamp, Petznick, Voss and Dierks
Abstain - Lambrecht
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Stamp
I move the agenda be approved as presented.
SECOND: Voss
VOTE: Aye – Dierks, Stamp, Petznick, Voss and Lambrecht
Nay – none MOTION CARRIED
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PUBLIC HEARINGS:
LOT SPLIT
1. Lot Split request of Charles H. Ostler
To create a 2.10-acre tract, from the SE1/4 SW1/4, Section 34-Township 17 North-Range 12
East of the Sixth P.M. (address: 1173 County Road P41)
Applicant Ostler explained the purpose of the lot split is to separate the existing house from the
surrounding farm ground. He noted that the house will be hooked on to the NRD water system
within 30 days of County Supervisor approval, if granted. He reported that the encompassing
approximately 160 acres will continue to be farmed.
Chairman Lambrecht opened the public hearing. There were no public comments. Chairman
Lambrecht closed the public hearing.
MOTION: Petznick
I move the Lot Split request of Charles H. Ostler to create a 2.10-acre tract, from
the SE1/4 SW1/4, Section 34-Township 17 North-Range 12 East of the Sixth
P.M. (address: 1173 County Road P41) be approved provided the property be
hooked-up to the P-MR NRD water system within 60 days of County Supervisor
approval of the lot split and that documentation of such be provided to the County
Planning Department by the NRD.
SECOND: Voss
VOTE: Aye – Stamp, Petznick, Voss, Dierks and Lambrecht
Nay – none MOTION CARRIED
REZONING
2. Rezoning request of Charles H. Ostler
From A-1 Agriculture Primary to A-LSR Agriculture-Lot Split Residential, of a proposed 2.10-
acre tract from the SE1/4 SW1/4, Section 34-Township 17 North-Range 12 East of the Sixth
P.M. (address: 1173 County Road P41)
Applicant Ostler was present.
Chairman Lambrecht opened the public hearing. There were no public comments. Chairman
Lambrecht closed the public hearing.
MOTION: Stamp
I move the Rezoning request of Charles H. Ostler from A-1 Agriculture Primary to
A-LSR Agriculture-Lot Split Residential, of a proposed 2.10-acre tract from the
SE1/4 SW1/4, Section 34-Township 17 North-Range 12 East of the Sixth P.M.
(address: 1173 County Road P41) be approved as presented.
SECOND: Dierks
VOTE: Aye – Petznick, Voss, Stamp, Lambrecht and Dierks
Nay – none MOTION CARRIED
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REPORTS FROM STAFF
None
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
None
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 7:14 p.m.
___________________________
Gary Lambrecht, Chairman
DRAFT #1
04-12-2010
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
April 8, 2010 7:00 p.m.
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“All Commission members receive staff reports approximately one week prior to the meeting”
MEMBERS PRESENT STAFF PRESENT________
Matt Mathiesen, Vice-Chairman Doug Cook, Plng. Admin.
Wes Petznick Barb Brazelton, Plng. Ass’t.
Lyle Schjodt
Eileen Stamp
Kay Voss
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Vice-Chairman Mathiesen called the meeting to order at 7:00 p.m.
At time of roll call, members Lambrecht and Dierks were absent.
Vice-Chairman Mathiesen welcomed everyone and stated this meeting will be conducted in
accordance with the Nebraska Open Meetings Act and a copy of that Act is posted in the room;
and noted that copies of material (staff reports) the Commission receives are also available in the
hallway.
With regard to the February 4, 2010 minutes, the following action was taken:
MOTION: Schjodt
I move the February 4, 2010 minutes be approved as presented.
SECOND: Stamp
VOTE: Aye – Schjodt, Mathiesen, Stamp, Petznick and Voss
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Voss
I move the agenda be approved as presented.
SECOND: Stamp
VOTE: Aye – Mathiesen, Stamp, Petznick, Voss and Schjodt
Nay – none MOTION CARRIED
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PUBLIC HEARINGS:
LOT SPLIT
1. Lot Split request of Neil Plugge
To create a 5.01-acre tract from Tax Lot 11, Section 26-Township 18 North-Range 10 East of the
Sixth P.M. (address: 8689 County Road P19)
Applicant Plugge explained the request noting that he proposes to separate the homestead and
outbuildings from the surrounding ground - which will be sold off.
Vice-Chairman Mathiesen opened the public hearing. There were no public comments. Vice-
Chairman Mathiesen closed the public hearing.
MOTION: Stamp
I move the Lot Split request of Neil Plugge to create a 5.01-acre tract from Tax
Lot 11, Section 26-Township 18 North-Range 10 East of the Sixth P.M. (address:
8689 County Road P19) be approved as presented.
SECOND: Voss
VOTE: Aye – Stamp, Petznick, Voss, Schjodt, and Mathiesen
Nay – none MOTION CARRIED
REZONING
2. Rezoning request of Neil Plugge
From A-1 Agriculture Primary to A-LSR Agriculture-Lot Split Residential of a proposed 5.01-acre
tract from Tax Lot 11, Section 26-Township 18 North-Range 10 East of the Sixth P.M.
(address: 8689 County Road P19)
Vice-Chairman Mathiesen opened the public hearing. There were no public comments.
Vice-Chairman Mathiesen closed the public hearing.
MOTION: Petznick
I move the Rezoning request of Neil Plugge from A-1 Agriculture Primary to
A-LSR Agriculture-Lot Split Residential of a proposed 5.01-acre tract from Tax
Lot 11, Section 26-Township 18 North-Range 10 East of the Sixth P.M. (address:
8689 County Road P19) be approved as presented.
SECOND: Stamp
VOTE: Aye – Petznick, Voss, Schjodt, Mathiesen and Stamp
Nay – none MOTION CARRIED
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REPORTS FROM STAFF
Cook reported on the County Supervisor actions on the February Commission
recommendations.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
09-03 Greg Petersen 2 homes temporarily revoke, no longer applicable
05-02 Martin Hoer 2 homes temporarily approve, review 11-2010
09-01 Camp Fontanelle religious camp & retreat ctr. approve, review in 10 years
00-02 Camp Fontanelle religious camp & retreat ctr. approve, review in 10 years
09-02 Camp Fontanelle RV Park (6 spaces) approve, review in 1 year
04-09 Bill Roskens 3 homes on one lot revoke, no longer applicable
09-06 Ricketts \ Hugo Entpr. religious camp \ retreat ctr. revoke, no longer applicable
MOTION: Stamp
I move that we concur with the staff recommendations on the reviews of
Conditional Use Permit files 09-03, 05-02, 09-01, 00-02, 09-02, 04-09 and 09-06.
SECOND: Voss
VOTE: Aye – Voss, Schjodt, Mathiesen, Stamp and Petznick
Nay – none MOTION CARRIED
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 7:08 p.m.
___________________________
Matt Mathiesen, Vice-Chairman
DRAFT #1
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
February 4, 2010 7:00 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
“All Commission members receive staff reports approximately one week prior to the meeting”
MEMBERS PRESENT STAFF PRESENT________
Gary Lambrecht, Chairman Doug Cook, Plng. Admin.
Doug Dierks Barb Brazelton, Plng. Ass’t.
Matt Mathiesen, Vice-Chairman
Lyle Schjodt
Eileen Stamp
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:00 p.m.
At time of roll call, members Voss and Petznick were absent.
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in
accordance with the Nebraska Open Meetings Act and a copy of that Act is posted in the room;
and noted that copies of material (staff reports) the Commission receives are also available in
the hallway.
With regard to the November 5, 2009 minutes, the following action was taken:
MOTION: Mathiesen
I move the November 5, 2009 minutes be approved as presented.
SECOND: Stamp
VOTE: Aye – Schjodt, Dierks, Mathiesen, Stamp and Lambrecht
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Schjodt
I move the agenda be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Dierks, Mathiesen, Stamp, Lambrecht and Schjodt
Nay – none MOTION CARRIED
With regard to the election of Officers, the following action was taken:
Mathiesen nominated Lambrecht for Chairman. No other nominations were presented.
MOTION: Schjodt
I move that nominations close and a unanimous ballot be cast for Gary
Lambrecht as Chairman for 2010.
SECOND: Stamp
VOTE: Aye – Dierks, Mathiesen, Stamp, Lambrecht and Schjodt
Nay – none MOTION CARRIED
Schjodt nominated Mathiesen for Vice-Chairman. No other nominations were presented.
MOTION: Schjodt
I move that nominations close and a unanimous ballot be cast for Matt Mathiesen
as Vice-Chairman for 2010.
SECOND: Stamp
VOTE: Aye – Mathiesen, Stamp, Lambrecht, Schjodt and Dierks
Nay – none MOTION CARRIED
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PUBLIC HEARINGS:
LOT SPLIT
1. Lot Split request of Benjamin J. and Evelyn J. Rogge
To create a 2.14 acre tract from Tax Lot 20, Section 30-Township 19 North-Range 12 East of
the Sixth P.M. (address: 10265 Riverside Lane)
Applicant B. Rogge stated he and his wife wish to split off the house and accessory building
from the surrounding farm ground.
Chairman Lambrecht opened the public hearing. In reply to a question from the audience, it
was noted the surrounding farm ground will remain zoned agricultural.
Chairman Lambrecht closed the public hearing.
MOTION: Dierks
I move the Lot Split request of Benjamin J. and Evelyn J. Rogge to create a 2.14
acre tract from Tax Lot 20, Section 30-Township 19 North-Range 12 East of the
Sixth P.M. (address: 10265 Riverside Lane) be approved as presented.
SECOND: Stamp
VOTE: Aye – Stamp, Lambrecht, Schjodt, Dierks and Mathiesen
Nay – none MOTION CARRIED
REZONING
2. Rezoning request of Benjamin J. and Evelyn J. Rogge
From A-1 Agriculture Primary to A-LSR Agriculture-Lot Split Residential of a proposed 2.14-acre
tract from Tax Lot 20, Section 30-Township 19 North-Range 12 East of the Sixth P.M. (address:
10265 Riverside Lane)
Chairman Lambrecht opened the public hearing. In reply to a question from Schjodt, B. Rogge
stated that there are no plans to develop the remaining property at this time.
Chairman Lambrecht closed the public hearing.
MOTION: Mathiesen
I move the Rezoning request of Benjamin J. and Evelyn J. Rogge from A-1
Agriculture Primary to A-LSR Agriculture-Lot Split Residential of a proposed
2.14-acre tract from Tax Lot 20, Section 30-Township 19 North-Range 12 East of
the Sixth P.M. (address: 10265 Riverside Lane) be approved as presented.
SECOND: Schjodt
VOTE: Aye – Lambrecht, Schjodt, Dierks, Mathiesen and Stamp
Nay – none MOTION CARRIED
/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
REPORTS FROM STAFF
Cook reported on the County Supervisors actions on the November Commission
recommendations.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
1. Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
95-13 (1) Kriete Farms sludge approve, review in 1 year
95-13 (2) Kriete Farms sludge “ “ “
98-07 Hoegermeyer Farms sludge “ “ “
01-08 Laura \ Neale Shaner sludge “ “ “
98-09 Allen Trumble sludge “ “ “
98-12 Richard Thompson sludge “ “ “
05-03 Neale Shaner sludge “ “ “
07-07 Shaner Family Farms corn milling biosolids “ “ “
07-08 Randy Blomker corn milling biosolids “ “ “
04-05 Boettger \ Hoier corn milling biosolids “ “ “
07-04 John Tyson corn milling biosolids “ “ “
04-04 Mike Fitzgerald corn milling biosolids “ “ “
04-06 Shaner Family Farms corn milling biosolids “ “ “
07-06 Robert Peterson corn milling biosolids “ “ “
07-03 Mike (Kathy) Smith corn milling biosolids “ “ “
04-02 Neale Farms corn milling biosolids “ “ “
04-08 Jeff Hoier corn milling biosolids “ “ “
MOTION: Mathiesen
I move that Conditional Use Permit reviews for files 95-13 (1), 95-13 (2), 98-07,
01-08, 98-09, 98-12, 05-03, 07-07, 07-08, 04-05, 07-04, 04-04, 04-06, 07-06,
07-03, 04-02, 04-08 be approved with a review in one year.
SECOND: Stamp
VOTE: Aye - Lambrecht, Schjodt, Dierks, Mathiesen and Stamp
Nay - none MOTION CARRIED
2. March 2010 Conditional Use Permit reviews:
90-06 Blair Telephone Co communication tower
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 7:13 p.m.
___________________________
Gary Lambrecht, Chairman
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
October 1, 2009 7:00 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
“All Commission members receive staff reports approximately one week prior to the meeting”
MEMBERS PRESENT STAFF PRESENT________
Gary Lambrecht, Chairman Doug Cook, Plng. Admin.
Doug Dierks Barb Brazelton, Plng. Ass’t.
Matt Mathiesen, Vice-Chairman
Wes Petznick
Lyle Schjodt
Eileen Stamp
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:00 p.m.
At time of roll call, member Voss was absent.
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in
accordance with the Nebraska Open Meetings Act and a copy of that Act is posted in the room;
and noted that copies of material (staff reports) the Commission receives are also available in the hallway.
With regard to the September 3, 2009 minutes, the following action was taken:
MOTION: Mathiesen
I move the September 3, 2009 minutes be approved as presented.
SECOND: Stamp
VOTE: Aye – Schjodt, Dierks, Petznick, Mathiesen, Stamp and Lambrecht
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Stamp
I move the agenda be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Dierks, Petznick, Mathiesen, Stamp, Lambrecht and Schjodt
Nay – none MOTION CARRIED
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
PUBLIC HEARINGS:
CONTINUED FROM SEPTEMBER MEETING
1. Conditional Use Permit request of Karl E. and Caren Jensen
For a campground and recreational vehicle park on Tax Lot 19, Section 27-Township 17 North-
Range 13 East of the Sixth P.M. (general location: on the west side of the Missouri River
immediately north of Gibreal’s cabins on the north side of North River Lane)
The Planning Administrator noted that letters received from the NRD and Fort Calhoun
Volunteer Fire Department were on the Commission’s table and in the hallway.
The applicant’s were present and stated they wish to lease 40 – 49 RV and tent sites, that their
internal road will be built to County specifications, no permanent structures will be allowed and
holding tanks will be used for sewage with cisterns for potable water. They stated that as the
cisterns and holding tanks will be the responsibility of each renter that is the logic behind the
long-term leases.
Chairman Lambrecht opened the public hearing.
David Drew, attorney representing Wooden Properties, stated the following:
* requested the Commission consider this proposed development as a residential subdivision
noting that leases may be as long as ten years
* there are 24 permanent cabins in his clients’ development (Gibreal's Cabins)
* his clients have a 40’ – 60’ wide easement (a metes and bounds description) that probably
follows the existing road (North River Lane)
* Fish and Wildlife has no interest in having the existing 16 foot wide easement (North River
Lane) widened
* the existing driving surface of North River Lane is not exactly on the north 16’ of the property
lines
* his clients do not have the ability to allow Jensen’s to widen the easement
* the additional traffic that this development creates will damage the road (North River Lane)
and negatively impact his clients’ property
* in his interpretation of the County Engineer’s (Julie Ogden) letter she is saying that a 20 foot
road is the minimum requirement – he asked the County follow that standard
* who will maintain the road (North River Lane)?
The applicant’s responded:
* they interpret Julie Ogden’s letter to say that a 20 foot wide road would be ideal but that a 16
foot wide road is O.K.
* as per the County’s Flood Plain Regulations, this RV park and campground will generally
follow a 6 month calendar of May 1 to October 30th of each year
* in explaining North River Lane:
* approximately 1 mile long
* on Fish and Wildlife property, that the government does not maintain
* there is a 16-foot wide easement document filed in 1972 that Fish and Wildlife honors
* a driving surface of 16 feet
* is the only access to Gibreal’s cabins
* if their request is approved, they will re-grade North River Lane to a full 16-foot driving surface
as grass\weeds have encroached onto the driving surface
* they will then maintain North River Lane
* they have not decided if their internal road will be gated at the point where it intersects with
North River Lane
Chairman Lambrecht closed the public hearing.
MOTION: Lambrecht
I move the Conditional Use Permit request of Karl E. and Caren Jensen for a
campground and recreational vehicle park on Tax Lot 19, Section 27-Township
17 North-Range 13 East of the Sixth P.M. (general location: on the west side of
the Missouri River immediately north of Gibreal’s cabins on the north side of
North River Lane) be approved with the following conditions:
(1) the entrance into the development not be gated so that the Fire Department
and Law Enforcement have access into the property;
(2) that the September 23, 2009 from County Highway Superintendent Cheryl
Parsons be followed (specifically that a hard-surfaced approach from County
Road P51 to the walking trail be constructed to County specifications at the
applicant’s expense);
(3) that the October 1, 2009 letter from the NRD be followed;
(4) that all County water, sewer and electrical requirements be followed; and
(5) a review in one year
SECOND: Schjodt
VOTE: Aye – Dierks, Petznick, Mathiesen, Lambrecht and Schjodt
Nay – Stamp MOTION CARRIED 5 -1
NEW ITEM
2. Washington County Zoning Regulation Text Amendment
To Article 7: Supplemental Regulations, Section 7.08 Sign Regulations. To permit temporary
signs, to change the requirements for subdivision signs and to require a conditional use permit
for subdivision related temporary signs
The Planning Administrator briefly explained the request noting these changes to the current regulations:
1. Section 7.08.05 #2, Other Permitted Signs, letter f
* delete the word”Entrance” as the term Sign, Subdivision is defined in the Regulations;
the term “Subdivision Entrance” is not
2. Section 7.08.05 Other Permitted Signs, letter i
* add the word “Sign” after Pole
3. Section 7.08.05 #2, Other Permitted Signs, letter j
* add “Temporary Signs” to the list of Other Permitted Signs
4. Section 7.08.05 #4, chart of allowable signs by zoning district, Sign Type, Subdivision
Entrance
* delete the word “Entrance”
* under “Max. Size (Square Ft.)” delete the number 32 across the row
* under “Max. Height (Ft.)” delete the number 8 across the row
* under “Number Allowed \ Subdivision” replace the number “1” with the following
verbiage “no more than 2 signs at each entrance to the subdivision”
* add the following requirements for Subdivision Signs:
a. May be monument style signs
b. To be of such size and construction that if it should topple, it would not
land on a road surface
5. Section 7.08.06
* add the following phrase “, through the building permit process unless otherwise stated
in this Section,”
6. Section 7.10.05 Signs Prohibited under these Regulations
* delete #9 “Temporary Signs”
7. Section 7.10.07
* create this Section to say “Subdivision related temporary signs require a Conditional
Use Permit (process as per the Zoning Regulations)”
Chairman Lambrecht opened the public hearing.
Jay Anderson, American Broadband, noted that, contrary to a statement made at a prior
meeting, American Broadband is not a monopoly in that they compete with wireless companies,
cell phone companies, and dish networks, among others. He also stated that it sounds like a
vocal minority is forcing their views onto the County. He concluded by stating it is not in their
business plan to go through a Conditional Use Permit to put up a sign.
At the request of Doug Demers, Washington County Bank, the Planning Administrator explained
the Conditional Use Permit process. Demers inquired as to what safety hazard the signs in
question pose. He also stated that a conditional use permit process seems like a lot of work
and expense for a 4’ x 6’ or 5’ x 4’ size sign.
After general discussion, Demers was not opposed to a $20 fee for a building permit for a sign.
Chairman Lambrecht closed the public hearing.
MOTION: Schjodt
I move the Washington County Zoning Regulation Text Amendments to Article 7:
Supplemental Regulations, Section 7.08 Sign Regulations be approved as
presented tonight, with the exception of the deletion of the proposed Section
7.10.07 (point #7 as listed above)
SECOND: Dierks
VOTE: Aye – Petznick, Mathiesen, Schjodt, Lambrecht and Dierks
Nay – Stamp MOTION CARRIED 5 -1
It was noted that this motion would allow temporary signs.
/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
REPORTS FROM STAFF
Cook reported on the County Supervisors actions on the September Commission recommendations.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
1. October 2009 Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
01-02 Abe’s Trash Service contractor’s yard & office approve, same conditions, 5 year
review
07-05 Joe Zagata acc. bldg. before hse. in sub. revoke, no longer necessary
MOTION: Petznick
I move Conditional Use Permit 01-02 for Abe’s Trash Service for a contractor’s
yard and office be approved with the same conditions as original approval and
with a review in 5 years; and Conditional Use Permit # 07-05 for Joe Zagata be
revoked as it is no longer necessary.
SECOND: Stamp
VOTE: Aye – Mathiesen, Stamp, Schjodt, Dierks, Lambrecht and Petznick
Nay – none MOTION CARRIED
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 8:47 p.m.
___________________________
Gary Lambrecht, Chairman
DRAFT #1
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
September 3, 2009 7:30 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
“Staff reports hand delivered to all Commission members prior to this meeting”
MEMBERS PRESENT STAFF PRESENT
Gary Lambrecht, Chairman Doug Cook, Plng. Admin. (staff)
Doug Dierks Barb Brazelton, staff
Matt Mathiesen
Wes Petznick
Lyle Schjodt
Eileen Stamp
Kay Voss
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:32 p.m.
At time of roll call, all members were present.
With regard to the August 6, 2009 minutes, the following action was taken:
MOTION: Mathiesen
I move the August 6, 2009 minutes be approved as presented.
SECOND: Voss
VOTE: Aye – Voss, Schjodt, Dierks, Petznick, Mathiesen, Stamp and Lambrecht
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Voss
I move the agenda be approved as presented.
SECOND: Stamp
VOTE: Aye – Schjodt, Dierks, Petznick, Mathiesen, Stamp, Lambrecht and Voss
Nay – none MOTION CARRIED
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in
accordance with the Nebraska Open Meetings Act and a copy of that Act is posted in the room;
and noted that copies of material the Commission has is also available in the hallway.
/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
PUBLIC HEARINGS:
LOT SPLIT
1. Lot Split request of Betty J. Peterson, Lois J. Ronhovde and John C. Peterson
Of the E1/2 NE1/4 NW1/4, Section 20-Township 17 North-Range 11 East of the Sixth P.M. (address: 3815 County Road P25)
Rick Ronhovde, on behalf of his wife Lois, presented the request, noting they wish to separate the existing house and outbuildings from the surrounding farm ground.
Chairman Lambrecht opened the public hearing. There were no comments from the public.
Chairman Lambrecht closed the public hearing.
MOTION: Petznick
I move the lot split request of Betty J. Peterson, Lois J. Ronhovde and John
C. Peterson of the E1/2 NE1/4 NW1/4, Section 20-Township 17 North-Range 11
East of the Sixth P.M. (address: 3815 County Road P25) be approved as
presented.
SECOND: Stamp
VOTE: Aye – Dierks, Petznick, Mathiesen, Stamp, Lambrecht, Voss and Schjodt
Nay – none MOTION CARRIED
REZONING
2. Rezoning request of Betty J. Peterson, Lois J. Ronhovde and John C. Peterson
From A-1 Agriculture Primary to A- LSR Agriculture – Lot Split Residential of a proposed 4.52-
acre tract from the E1/2 NE1/4 NW1/4, Section 20-Township 17 North-Range 11 East of the
Sixth P.M. (address: 3815 County Road P25)
Chairman Lambrecht opened the public hearing. There were no comments from the public.
Chairman Lambrecht closed the public hearing.
MOTION: Stamp
I move the rezoning request of Betty J. Peterson, Lois J. Ronhovde and John C.
Peterson from A-1 Agriculture Primary to A- LSR Agriculture – Lot Split
Residential of a proposed 4.52-acre tract from the E1/2 NE1/4 NW1/4, Section
20-Township 17 North-Range 11 East of the Sixth P.M. (address: 3815 County
Road P25) be approved as presented.
SECOND: Voss
VOTE: Aye – Petznick, Mathiesen, Stamp, Lambrecht, Voss, Schjodt and Dierks
Nay – none MOTION CARRIED
CONDITIONAL USE PERMITS
3. Conditional Use Permit request of Mike Quinn
For the construction of an accessory building prior to the start of home construction in a platted
subdivision, on Lot 4, Blue’s Spirit Acres, Section 31-Township 18 North-Range 12 East of the
Sixth P.M. (general location: west side of County Road P35, directly across from Buck Lane, at
the west end of Blue’s Spirit Lane)
M. Quinn presented the request stating that the proposed 50’ x 80’ building will be used to store
supplies, a boat, mower, tractor, etc. The plan, he noted, is to start new home construction in
Spring 2010.
Chairman Lambrecht opened the public hearing. There were no objections from the public.
Chairman Lambrecht closed the public hearing.
MOTION: Petznick
I move the Conditional Use Permit request of Mike Quinn for the construction of
an accessory building prior to the start of home construction in a platted
subdivision, on Lot 4, Blue’s Spirit Acres, Section 31-Township 18 North-Range
12 East of the Sixth P.M. (general location: west side of County Road P35,
directly across from Buck Lane, at the west end of Blue’s Spirit Lane) be
approved with a review in one year to receive a status report.
SECOND: Mathiesen
VOTE: Aye – Mathiesen, Stamp, Lambrecht, Voss, Schjodt, Dierks and Petznick
Nay – none MOTION CARRIED
4. Conditional Use Permit request of Karl E. and Caren Jensen
For a campground and recreational vehicle park on Tax Lot 19, Section 27-Township 17 North-
Range 13 East of the Sixth P.M. (general location: on the west side of the Missouri River
immediately north of Gibreal’s cabins on the north side of North River Lane)
The applicants stated the following:
* they are proposing to lease 40 – 49 sites
* their internal road (that each site abuts) will be widened and improved (re-grade, lower the top,
then rock)
* only RV’s, campers and tents will be permitted
* no permanent structures, per County Flood Regulations
* there will be power to each site
* for waste, a holding tank will be utilized
* for water, either a cistern or hauled water will be utilized
* sites will be rented, at a minimum, on a one-year basis; some contracts could be for 10 years
* 30 sites have already been spoken-for
* access to the property from County Road P51 is along North River Lane
* North River Lane is an existing road located on government property – the Lane also provides
access to the Gibreals’s cabin development
* the 16’ easement road, aka North River Lane, was filed in 1972
* North River Lane is not a dedicated public road and is not County maintained
Chairman Lambrecht opened the public hearing.
Dave Drew, attorney representing Wooden Properties, an adjacent property owner, discussed
his August 28th letter which had been sent to each Commission member, making the following
points:
* the access to this proposed development, and the adjacent Gibreals cabin development, is
on a 16’ easement road on government property (Fish & Wildlife)
* there are approximately 24 permanent cabins on his client’s property
* in an emergency, can this easement handle the traffic?
* the Jensen development should be considered by the County as a subdivision as the leases
are long term (10 or more years) and should be reviewed through the subdivision
process
* maintenance of North River Lane is done by the Wooden’s
* there are some existing septic tanks and wells on the Gibreals property, however all new
sewerage systems are holding tanks (not septic tanks)
* asked the County to deny the Conditional Use Permit
The Jensen’s’ then responded:
* the existing road surface (driving surface) of North River Lane is 15’ - 16’ wide
* they have talked with the Fish & Wildlife Service and they will not allow the road (North River
Lane) to be expanded beyond the 16’ as per the 1972 easement. If the County requires
a wider road, then they will have to build an entirely new road to their RV park
* the 1972 easement says maintenance of the easement is to be shared
* lessees of the RV spaces will be responsible for their own water & sewerage systems
* there is approximately 7 – 12 acres of land involved in the RV park (including the internal road)
* there is approximately 7 acres of the RV park in trees and brush
* initially, they had thought about each lessee having to clear off their individual space, but they
are now thinking that they should clear the property all at one time
Chairman Lambrecht closed the public hearing.
Commission members vocalized that comment letters from the County Road Superintendent,
County Sheriff, Volunteer Fire Department and NRD should be obtained.
MAIN MOTION:
MOTION: Lambrecht
I move the Conditional Use Permit request of Karl E. and Caren Jensen
for a campground and recreational vehicle park on Tax Lot 19, Section 27-
Township 17 North-Range 13 East of the Sixth P.M. (general location: on the
west side of the Missouri River immediately north of Gibreal’s cabins on the north
side of North River Lane) be approved
SECOND: Petznick
AMENDMENT TO MOTION:
MOTION: Schjodt
I move that letters be provided to the Commission from the Volunteer Fire
Department, Sheriff’s Department, Roads Department and NRD before this
request is acted upon by the County Supervisors.
SECOND Stamp
VOTE: Aye – Mathiesen, Stamp, Voss, Schjodt, Dierks and Petznick
Nay – Lambrecht MOTION CARRIED 6 -1
VOTE ON MAIN MOTION
VOTE: Aye – none
Nay - Mathiesen, Stamp, Voss, Schjodt, Dierks and Petznick and Lambrecht
MOTION: Schjodt
I move the Conditional Use Permit request of Karl E. and Caren Jensen
for a campground and recreational vehicle park on Tax Lot 19, Section 27-
Township 17 North-Range 13 East of the Sixth P.M. (general location: on the
west side of the Missouri River immediately north of Gibreal’s cabins on the north
side of North River Lane) be continued until comment letters have been received
from the Volunteer Fire Department, Sheriff’s Department, Roads Department
and NRD.
SECOND: Stamp
VOTE: Aye – Mathiesen, Stamp, Voss, Schjodt, Dierks, Petznick and Lambrecht
Nay – none MOTION CARRIED
ZONING REGULATION TEXT AMENDMENTS
5. Washington County Zoning Regulation Text Amendment
To delete the current Article 7: Supplemental Regulations, Section 7.03 Wind Energy
Installations and replace with new
Cook and Member Schjodt presented the request noting that this matter has been discussed by
the Subcommittee of Six.
Chairman Lambrecht opened the public hearing.
The following people made the following comments:
* Owen Picton - what about ice flying off the blades?
* Robbin Jeffrey - what about light flicker in adjacent houses?
* Ken Koop - who measures that the setbacks from property lines are correct (based on tower
height)?
* Ted Japp - does the County regulate ice falling from power lines?
Phil Green, Assistant City Manager- Blair, requested that verbiage be added to the text such
that “local” regulations are considered, specifically the Blair Joint Airport Zoning Board and any
Blair airport height regulations.
Captain Phil Brazelton, County E-911 Communications Division, requested that every applicant
be required to obtain a microwave path study for each request showing that the wind turbine will
not interfere with the County’s E-911 communications system.
Chairman Lambrecht closed the public hearing.
MOTION: Mathiesen
I move the Washington County Zoning Regulation Text Amendment
to delete the current Article 7: Supplemental Regulations, Section 7.03 Wind
Energy Installations and replace with new Section 7.03 Wind Energy Regulations
as presented tonight with the additional verbiage as requested by Phil Green and
Phil Brazelton be approved.
SECOND: Voss
VOTE: Aye – Voss, Schjodt, Dierks, Petznick, Lambrecht and Mathiesen
Nay – Stamp MOTION CARRIED 6 -1
6. Washington County Zoning Regulation Text Amendment
To Article 7: Supplemental Regulations, Section 7.08 Sign Regulations. To add to the list of
signs exempt from regulation subdivision entrance signs and signs advertising facilities, utilities,
realty companies, financial institutions, etc. (phone providers, internet providers, water provider,
etc.) provided the signs are located on private property in the subdivision and to allow a
temporary off-premise advertising sign for an in-County subdivision.
Member Mathiesen, subcommittee of 6 member, briefly explained this amendment noting that
complaints had been received about subdivision signs, that the subcommittee of 6 has
discussed this matter for months, and this proposed amendment is presented to attempt to
address the issue. He continued that after this proposal (Option A) was advertised in the paper,
the subcommittee met again and now is offering another proposal (Option B) that subdivision
signs would require a conditional use permit. He noted that we cannot act on Option B tonight
as it was not advertised.
Chairman Lambrecht read into the record emails from the following people (they were not in the
Commission’s packet as they had been received by the Planning Department after the packets
had been hand delivered): Wes Stamp, forse@huntel.net, safeearthomaha@gmail.com, Jeff
Mabry, Marty Buckingham, Paul Cerio, Anne Breitkreutz, Don and Robbin Jeffrey, Jackie
Mapes, Troy Roehrs and Marcia McGill. Those emails are attached to, and a part of, these
minutes.
Cook explained Option A and Option B.
Chairman Lambrecht opened the public hearing.
The Chairman then explained that what some may consider as a narrow focused discussion on
subdivision signage evolves into a much broader perspective, such as how to regulate
agricultural signs (seed brand \ company signs), County Fair signage, MCH Rummage Sale
signage, Christmas Tree Farm signage, etc. He noted sign regulations impact the entire
County.
The following people made the following comments:
* Wes Stamp - this amendment is designed to bail out 2 – 3 developments
* Robbin Jeffrey – nothing wrong with seed corn signs, County Fair signs, etc as they are limited
use short term signs; the requirements of the Zoning Regulations should be enforced;
the subdivision signs have not been taken care of by the Planning Department
Jay Andersen (American Broadband) – they have over $2 million invested in the infrastructure in
the County; signs are their method of advertising their County services for people
coming to the County
* Pam Daly – option A is insane; you don’t need to re-write the sign regulations, just deal with
this specific problem; Clearwater Creek now has 7 signs, Glen Oaks 4 signs; who came
up with this amendment; American Broadband is a monopoly – they don’t need signs;
signs are ugly, but Washington County doesn’t care about aesthetics
Dennis McCormick – why pass laws and then not enforce them?
Dan Daly – don’t give preferential treatment to people with money; Doug Cook has given
preferential treatment to developers
Chairman Lambrecht closed the public hearing.
Lambrecht commented that the signs advertising County facilities (phone, internet, financing)
are also temporary signs. He noted that Option B (conditional use permit requirement) sets a
higher standard, and creates more restrictive regulations, for subdivision signs than any other
signs.
Member Petznick noted that Pam and Dan Daly have a home occupation sign in violation of
County regulations.
MOTION: Petznick
I move the Washington County Zoning Regulation Text Amendment to Article 7:
Supplemental Regulations, Section 7.08 Sign Regulations. To add to the
list of signs exempt from regulation subdivision entrance signs and signs
advertising facilities, utilities, realty companies, financial institutions, etc.
(phone providers, internet providers, water provider, etc.) provided the
signs are located on private property in the subdivision and to allow a
temporary off-premise advertising sign for an in-County subdivision
(Option A) be denied.
SECOND: Dierks
VOTE: Aye – Schjodt, Dierks, Petznick, Lambrecht, Mathiesen, Voss and Stamp
Nay – none MOTION CARRIED
7. LoHo LLC Request for Deviation from Nebraska Minimum Design Standards
Title 428 – Board of Public Roads Classifications and Standards, 001.16 Minimum Design
Standards – Rural Roads for an RL-1 Road, in Glen Oaks subdivision, Sections 4, 8 and 9-
Township 17 North-Range 12 East of the Sixth P.M. (general location: bounded by County Road
P32 on the south, County Road P39 on the east and County Road 39 on the west; and
generally extending ˝ mile north of the P32 \ P39 intersection and one mile north of the 39
\ P32 intersection)
Mark Westergard, E & A Consulting, and project engineer for Glen Oaks Subdivision, presented
the request stating the following:
* admitted an error in that he used the wrong table from the Nebraska Minimum Design
Standards booklet (he used the municipal street side of Title 428)
* they (LoHo) are requesting deviations on street grades for 4 locations in Glen Oaks
Subdivision
* referenced his letter (undated) received by the Planning Department on July 21, 2009
* adjustments to the roads were made with conservation in mind
* conservation of natural resources was a big issue for the public during hearings on this
subdivision
* many County Roads do not meet the criteria this subdivision is being required to meet
* the County’s standards are not consistent with other cities and counties in this area – they are
unrealistic
* to meet the County’s standards, there would have been a 38’ cut at the top of the hill –
resulting in virtually taking out all the tree cover along the top of the hill
* concluded by stating that allowing the deviations is a vote for conservation
Chairman Lambrecht opened the public hearing. He reminded everyone that this subdivision
was approved prior to the County having hired a licensed professional engineering firm to
provide engineering services.
He then introduced Julie Ogden, the County’s hired licensed professional engineer, from the
JEO Consulting Group.
Ogden referenced her July 29, 2009 and then reviewed each of the 4 deviation locations and
provided a recommendation for each as follows:
* Site #1 – (prefers a rise up to the County Road) - accept deviation as proposed and require
that signs be installed warning of the steep grade
* Site #2 – install curbs
* Site #3 – install curbs
* Site #4 – accept deviation as proposed
She also noted that a 25 mph speed limit should be established throughout the subdivision.
The following people made the following comments, all in opposition to the granting of the
deviation request:
* Pam Daly – played a video showing the steepness of the road and erosion; deviation request
is not legal as Mark Westergard is not the owner, the SID is the owner; there is no
provision in County law for retroactive deviations; the plat itself may be considered
invalid; these roads are a significant danger to County citizens
* Robbin Jeffrey – no one forced the developer to put the roads where they did; these roads are
a safety issue
* Wes Stamp – the County Comprehensive Plan and Zoning Regulations are routinely ignored
or violated; why was the deviation request not made prior to actual construction;
County officials are not doing their jobs in properly monitoring; this developer is making a
mockery of the Commission and Doug Cook in particular
Ogden commented:
* installation of guardrails is also an option to be considered
* the character of these roads do not reflect typical rural roads – they are more like municipal
streets
* if a county road needs a deviation, or a relaxation of standards, a request is taken to the
State Board of Classifications and Standards beforehand
* on county roads, a 10% grade is not out of the ordinary
* as past City of Elkhorn engineer, she has encountered a 10% grade on many local streets –
exceptions are requested during the platting process and curbs and gutters may be
necessary
* a rough cost of curb and gutter is $10 per lineal foot
* if curb \ gutter is required, the impact on the drainage system must also be considered (will
need to be engineered and designed)
Chairman Lambrecht closed the public hearing.
In response to a question from Mathiesen, Ogden stated that had she been the County’s
engineering consultant at the time Glen Oaks was being subdivided, she would have brought
this discrepancy to the developer’s attention and requested a re-design.
The Chairman noted that this deviation should have come to the County before any work began
at the site.
MOTION: Stamp
I move the LoHo LLC Request for Deviation from Nebraska Minimum Design
Standards Title 428 – Board of Public Roads Classifications and Standards,
001.16 Minimum Design Standards – Rural Roads for an RL-1 Road, in Glen
Oaks subdivision, Sections 4, 8 and 9-Township 17 North-Range 12 East of the
Sixth P.M. (general location: bounded by County Road P32 on the south, County
Road P39 on the east and County Road 39 on the west; and generally extending
˝ mile north of the P32 \ P39 intersection and one mile north of the 39 \ P32
intersection) be denied.
SECOND: Schjodt
Members Mathiesen and Dierks noted that, as per Ogden’s recommendation, Sites #2 and #3
need improvements.
Member Schjodt agreed that steep, even steeper, slopes exist on County roads. He also noted
this request should have been presented to the County before construction of the roads.
VOTE: Aye – Voss and Stamp
Nay – Mathiesen, Dierks, Lambrecht, Petznick and Schjodt MOTION FAILED 2-5
MOTION: Mathiesen
I move the Commission recommend to the County Supervisors that the following
corrective action be taken in Glen Oaks Subdivision:
1. Sites #1 and #4 be accepted with the current conditions per recommendation
of Ogden;
2. Site #2 be curbed all the way to the creek; curb at intersection on both sides;
corners covered with curbs (this to be designed and engineered and reviewed by
Ogden) and steep grade signs be installed at the developers expense;
3. Site #3 the outside curve be curbed to the intersection (this to be designed
and engineered and reviewed by Ogden) and steep grade signs be installed at
the developer’s expense;
4. a speed limit of 25 mph be set in the subdivision;
5. that all Ogden’s costs are to be paid by the applicant.
SECOND: Voss
VOTE: Aye – Mathiesen, Stamp, Voss, Schjodt, Dierks, Petznick and Lambrecht
Nay – none MOTION CARRIED
It was re-iterated that all plans are to be reviewed by Ogden and all her costs are to be paid by
the applicant \ developer. Ogden noted that the plans will be reviewed with the County’s Storm
Water Policies in consideration.
REPORTS FROM STAFF
Cook reported that all August Commission recommendations were concurred with by the
County Supervisors.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
1. September 2009 Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
91-08 Ruwe’s sludge approve, review in 1 year
93-27 Ruwe’s sludge approve, review in 1 year
86-02 R. Wilkens & Sons sludge approve, review in 1 year
92-18 R. Wilkins & Sons sludge approve, review in 1 year
89-05 3C’s % T. Cameron sludge approve, review in 1 year
With regard to the CUP reviews, Gordon Andersen – Omaha Sludge Coordinator, stated all of
these are good and viable sites.
MOTION: Stamp
I move Conditional Use Permits 91-08, 93-27, 86-02, 92-18 and 89-05 be
approved with the conditions that all requirements of the City of Omaha be
continually met and with a review in one year.
SECOND: Schjodt
VOTE: Aye – Mathiesen, Stamp, Voss, Schjodt, Dierks and Lambrecht
(Petznick out of the room)
Nay – none MOTION CARRIED 6-0
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
1. In answer to a question from the Commission, Andersen stated he prefers his items to be
last on the agenda.
2. Effective immediately, Commission meetings will now begin at 7:00 p.m.
ADJOURNMENT
The meeting was adjourned at 11:26 p.m.
___________________________
Gary Lambrecht, Chairman
----Original
Message-----
From: forse@huntel.net [mailto:forse@huntel.net]
Sent: Sunday, August 09, 2009 10:52 AM
To: pdaly@huntel.net
I want the signs at subdivisions to comply with our zoning laws.
I think the
real issue is the lack of enforcement of the substantive zoning
regulations by the planning and zoning department and by the Board. The
excess signage is merely a
visible example. The Board needs to be made aware of the circumstance,
that is, one of their employees is not preforming the duties for which
he is responsible and either the employee carries out the Board approved
zoning laws or someone should be hired who will. Seems to me this is
insubordination although the employee probably has de facto approval of
his misconduct by the Board.
Wes Stamp
From:
safeearthomaha@gmail.com [mailto:safeearthomaha@gmail.com]
Sent: Monday, August 10, 2009 10:10 AM
To: Pam Daly
I WANT THE SIGNS AT SUB-DIVISIONS TO COMPLY WITH OUR COUNTY ZONING LAWS. THANKS!
From:
Jeff Mabry [mailto:JMabry@Woodhouse.Com]
Sent: Monday, August 10, 2009 10:26 AM
To: Pam Daly
I want the signs at subdivisions to comply with our zoning laws
The above statement is a necessity, not a need!!!
Thank you,
Jeff Mabry
From:
Marty Buckingham [mailto:rmbuck@huntel.net]
Sent: Monday, August 10, 2009 10:23 AM
To: Pam Daly
I want the signs at subdivisions to comply with our zoning laws. What good are the laws we have in our county if they aren't enforced? If the county and the developers want to be able to continue to have the unlawful signage then they should go through the process of having the law changed, not just a "good old boys" agreement.
-----Original Message-----
From: cerioandassoc@huntel.net [mailto:cerioandassoc@huntel.net]
Sent: Monday, August 10, 2009 11:30 AM
To: pdaly@huntel.net
I want the signs at subdivisions to comply with our zoning laws. I
am goin gto rry to make that meeting.
Paul
From: Anne Breitkreutz [mailto:abreit@hotzweaver.com]
Sent: Monday, August 10, 2009 12:03 PM
To: 'Pam Daly'
Subject: RE: Please send reply email
I have recently learned that subdivisions in Washington County have not been complying with county regulations as to signage. I am asking that county officials enforce the zoning regulations as to signage immediately.
Anne M. Breitkreutz
Hotz, Weaver, Flood, Breitkreutz & Grant
444 Regency Parkway Drive, Suite 310
Omaha, NE 68114
Phone: (402) 397-1140
Facsimile: (402) 397-1199
Website: hotzweaver.com
|
We do not want any more signs in Washington County than are currently
allowed in the zoning ordinances. |
----Original
Message-----
From: jlmapes@huntel.net [mailto:jlmapes@huntel.net]
Sent: Tuesday, August 11, 2009 8:47 AM
To: pdaly@huntel.net
Subject: Zoning
I could not agree more about the zoning issue. The County needs to
enforce the zoning regulations!! Doug Cook should force all
businesses and subdivisions to comply with ALL the zoning ordinances
including the signs springing up everywhere. Words cannot express
the disgust and anger I have when seeing all the signs and billboards
as I travel the roads.
In the Clearwater Creek subdivision and Glen Oaks large billboards
and signs abound. Is this a my sign is bigger than yours contest.
Where is Doug Cook? Isn't he in charge of these?
Sincerely,
Jackie Mapes
From: Troy Roehrs
[mailto:troehrs2@huntel.net]
Sent: Monday, August 10, 2009 9:00 PM
To: Pam Daly
Subject: Sub signs
I want the signs at subdivisions to comply with our zoning laws. This would seem like one of the more easier laws to conform to and the boards lack of compliancy remains a huge let-down to its citizens.
Troy Roehrs
From: Mjmcgill@aol.com [mailto:Mjmcgill@aol.com]
Sent: Monday, August 10, 2009 11:48 PM
To: pdaly@huntel.net
Subject: Subdivision entrance sign violations
I want the signs at subdivisions to comply with our zoning laws!
Marcia McGill
DRAFT #2
(deletions crossed-out; additions italicized)
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
August 6, 2009 7:30 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
“Staff reports mailed to all Commission members prior to this meeting”
MEMBERS PRESENT STAFF PRESENT
Gary Lambrecht, Chairman Doug Cook, Plng. Admin. (staff)
Doug Dierks Barb Brazelton, staff
Matt Mathiesen
Wes Petznick
Lyle Schjodt
Eileen Stamp
Kay Voss
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:30 p.m.
At time of roll call, all members were present.
With regard to the July 9, 2009 minutes, the following action was taken:
MOTION: Stamp
I move the July 9, 2009 minutes be approved as presented.
SECOND: Schjodt
VOTE: Aye – Lambrecht, Voss, Schjodt, Dierks, Petznick, Mathiesen and Stamp
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Schjodt
I move the agenda be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Voss, Schjodt, Dierks, Petznick, Mathiesen, Stamp and Lambrecht
Nay – none MOTION CARRIED
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted
in accordance with the Nebraska Open Meetings Act and a copy of that Act is posted
in the room; and noted that copies of material the Commission has is also available in the hallway.
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
PUBLIC HEARINGS
CONDITIONAL USE PERMIT
1. Conditional Use Permit request of J. Joseph Ricketts and Hugo Enterprises, LLC
(applicant) and Larry L. and Cynthia J. Hald (owners)
For a religious camp and retreat center in the NW1/4 SW1/4 and Tax Lots 10, 24, 31 and 32 in
Section 33-Township 17 North-Range 10 East of the Sixth P.M. and Tax Lots 16, 17, 18, 19, 21
and the SW1/4 NW1/4, W1/2 SW1/4, E1/2 SE1/4 NW1/4, W1/2 SE1/4 NW1/4, E1/2 W1/2
SW1/4 NE1/4, W1/2 W1/2 SW1/4 NE1/4, E1/2 SW1/4 NE1/4, and along with a 30 foot road
easement for ingress and egress as in Book 111, Page 37, Washington County Register of
Deeds Office, all in Section 32-Township 17 North-Range 10 East of the Sixth P.M. (address:
1705 County Road P15)
Jim Ricketts, brother of applicant J. Joseph Ricketts presented the request noting the following:
* his brother would like to share his financial success with society
* this retreat center will be patterned after one in Demontreville, Minnesota
* maximum of 50 retreatants per weekend retreat
* there will be a “retreat master” who gives 12 talks over the weekend to the retreatants
* buildings to be constructed are a chapel, dining hall and overnight residences (dorms)
* architecture of buildings would be stone \ wood
* cars of retreatants will park in an existing 120’ x 30’ pole shed – there is no “driving around”
the property
* there is no intent to take the property off the County tax rolls
* this concept is not a money making venture
* these are same-sex retreats
Scott Dye, attorney for the applicants, presented to the Commission a binder bound document
entitled “Ignation Retreat Center Presented to the Washington County Planning Commission
August 6, 2009”, briefly describing its contents and also stating the following:
*since the County’s Zoning Regulations do not define the term “religious camp and retreat
center” they have provided their own definition
* they will not apply for an alcohol license for the property
* they request a review of this Conditional Use Permit in 7 years
* maximum of 45 retreats per year
* there will be a small full-time staff to maintain the property
* they agree to work with the Arlington Volunteer Fire Department about installing a “dry
hydrant” system
* they acknowledge the need to install a 2nd water well on the property
* there will be no access to River Bend Acres subdivision except as required \ requested by the
Arlington VFD for emergency access \ vehicles
* their proposed use of the property will preserve the natural beauty of the area
* they do request approval of a monument type sign, maximum of 8’ tall, with 32 square feet of
sign face per side, lighted only from dusk to 10:00 p.m.
Chairman Lambrecht opened the public hearing. Robert Dobson and Leslie Fletcher spoke. It
was explained that this property does not abut the Dobson property. Staff explained that any
septic system installed will be as per State (County) codes.
Chairman Lambrecht closed the public hearing.
The Chairman read an email, dated August 5, 2009, from Mary Ann Nipp, in support of the
request.
In response to questions from the Commission, Jim Ricketts explained:
* the property does abut Laver Lane
* the property will not be used as a hunting camp
* they have no intent to fence the property boundaries
* there may have to be “deer maintenance” performed on the property, but there will be no
commercial deer hunting allowed
* due to the number of hunters on surrounding property, they will consider not having retreats on
deer hunting weekends
* even if approval for this CUP is granted, the retreat will probably not be operational for 2–3
years
The Planning Administrator requested that the following be deleted from his list of
recommended conditions: “(4) if required by the State, an NPDES permit will be obtained”
MOTION: Schjodt
I move the Conditional Use Permit request of J. Joseph Ricketts and Hugo
Enterprises, LLC (applicant) and Larry L. and Cynthia J. Hald (owners)
for a religious camp and retreat center in the NW1/4 SW1/4 and Tax Lots 10, 24,
31 and 32 in Section 33-Township 17 North-Range 10 East of the Sixth P.M. and
Tax Lots 16, 17, 18, 19, 21 and the SW1/4 NW1/4, W1/2 SW1/4, E1/2 SE1/4
NW1/4, W1/2 SE1/4 NW1/4, E1/2 W1/2 SW1/4 NE1/4, W1/2 W1/2 SW1/4 NE1/4,
E1/2 SW1/4 NE1/4, and along with a 30 foot road easement for ingress and
egress as in Book 111, Page 37, Washington County Register of Deeds Office,
all in Section 32-Township 17 North-Range 10 East of the Sixth P.M. (address:
1705 County Road P15) be approved with the following conditions:
(1) the definition of religious camp and retreat center be as provided in the
applicants’ July 29th letter;
(2) there will be no access to, or through, River Bend Acres Subdivision, except
as required \ requested by the Arlington VFD;
(3) the County’s erosion control regulations will be followed (by paying for and
obtaining the individual lot notice of intent) for all new non-accessory buildings
constructed on site (church, residence halls, etc);
(4) per recommendations of the Arlington Fire Chief (letter dated July 27th), a fire
department over ride key system be utilized and a dry hydrant system be
installed;
(5) one monument type sign be permitted, maximum of 8’ tall, with 32 square
feet of sign face per side, lighted only from dusk to 10:00 p.m.
(6) a review in 7 years; and
(7) that the binder bound document be kept in the file.
SECOND: Stamp
VOTE: Aye – Schjodt, Dierks, Petznick, Mathiesen, Stamp and Voss
Nay – Lambrecht MOTION CARRIED 6 -1
REZONING
2. Rezoning request of Donald Paul Leinbach
From R-2 Estate Residence and A-1 Agriculture Primary to A-1 Agriculture Primary of Tax Lot
190, Section 31-Township 17 North-Range 13 East of the Sixth P.M. (address: 4381 County
Road P40)
D. Leinbach, applicant, presented the request noting that he recently expanded his lot from .75
acres to 2.00 acres to encompass his driveway into his property and that lot expansion resulted
in two different zoning classifications on the 2-acre tract. The purpose of this rezoning request,
he explained, is to have one zoning classification on the 2-acre parcel (Tax Lot 190).
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
Member Schjodt stated he has no objection to what the applicant is doing. However, he
continued, this 2-acre tract is not agriculture property and should not be zoned agricultural. He
concluded that property should be zoned the way it is actually used. He noted he has discussed
this matter
with staff and will be addressed by the 6 Pack Subcommittee of 6
in the future.
MOTION: Petznick
I move the Rezoning request of Donald Paul Leinbach from R-2 Estate
Residence and A-1 Agriculture Primary to A-1 Agriculture Primary of Tax Lot 190,
Section 31-Township 17 North-Range 13 East of the Sixth P.M. (address: 4381
County Road P40) be approved as presented.
SECOND: Voss
VOTE: Aye – Mathiesen, Dierks, Stamp, Lambrecht, Voss, Petznick and Schjodt
Nay – none MOTION CARRIED
LOT SPLIT
3. Lot Split request of Donald W. Weikle, Jr. and Bonnie J. Weikle
Of Tax Lot 28 Section 28-Township 19 North-Range 11 East of the Sixth P.M. (address: 14227
County Road 14)
Dave Drew, attorney representing the applicants, stated the staff report explains the request.
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Mathiesen
I move the Lot Split request of Donald W. Weikle, Jr. and Bonnie J. Weikle
of Tax Lot 28 Section 28-Township 19 North-Range 11 East of the Sixth P.M.
(address: 14227 County Road 14) be approved as presented.
SECOND: Stamp
VOTE: Aye – Dierks, Stamp, Lambrecht, Voss, Petznick, Schjodt and Mathiesen
Nay – none MOTION CARRIED
REZONING
4. Rezoning request of Donald W. Weikle, Jr. and Bonnie J. Weikle
From A-1 Agriculture Primary to A- LSR Agriculture – Lot Split Residential of a proposed 6.18-
acre tract from Tax Lot 28, Section 28-Township 19 North-Range 11 East of the Sixth P.M.
(address: 14227 County Road 14)
Dave Drew, attorney representing the applicants, stated the staff report explains the request.
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Mathiesen
I move the Rezoning request of Donald W. Weikle, Jr. and Bonnie J. Weikle
from A-1 Agriculture Primary to A- LSR Agriculture – Lot Split Residential of a
proposed 6.18-acre tract from Tax Lot 28, Section 28-Township 19 North-Range
11 East of the Sixth P.M. (address: 14227 County Road 14) be approved as
presented.
SECOND: Voss
VOTE: Aye – Stamp, Lambrecht, Voss, Petznick, Schjodt, Mathiesen and Dierks
Nay – none MOTION CARRIED
REZONING
5. Rezoning request of Salem Evangelical Lutheran Church % H. John Wilkening, Jr.
From R-2 Estate Residence and A-1 Agriculture Primary to H-A Homestead Agricultural of Lot 1
Revised, Block 113 Fontanelle Village; and part of 11th Street as platted and recorded in the
Original Town site of Fontanelle, and lying in the SW1/4 of the SW1/4 of Section 9, Township 18
North, Range 9 East of the 6th P.M. and more particularly described as follows: beginning at the
Southwest Corner of Block 113 in the Original Town site of Fontanelle, Washington County,
Nebraska; thence westerly along the Westerly Projection of the Southerly Line of said Block
113 a distance of 280.00 feet; thence northerly parallel to and 28.00 feet westerly of the
Westerly Line of said Block 113 a distance of 400.02 feet more or less, to a point on the
Westerly Projection of the Northerly Line of said Block 113; thence easterly along said westerly
projected northerly block line a distance of 28.00 feet to the Northwest Corner of said Block 113;
thence southerly along the Westerly Line of said Block 113 a distance of 400.02 feet, more
or less, to the Point of Beginning and containing 0.26 acres, more or less. (address: 11022 11th
Street, Fontanelle)
H. John Wilkening, Jr. explained the request noting the Church was built in 1928. An addition
was built to the north in 2000 and they would like to add another addition to the north. He
concluded that the requested H-A designation would allow for this expansion to occur and the
addition will be no closer to 11th Street than the current established building line.
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Petznick
I move the Rezoning request of Salem Evangelical Lutheran Church % H. John
Wilkening, Jr. from R-2 Estate Residence and A-1 Agriculture Primary to H-A
Homestead Agricultural of Lot 1 Revised, Block 113 Fontanelle Village; and part
of 11th Street as platted and recorded in the Original Town site of Fontanelle,
and lying in the SW1/4 of the SW1/4 of Section 9, Township 18 North, Range 9
East of the 6th P.M. and more particularly described as follows: beginning at the
Southwest Corner of Block 113 in the Original Town site of Fontanelle,
Washington County, Nebraska; thence westerly along the Westerly Projection of
the Southerly Line of said Block 113 a distance of 280.00 feet; thence northerly
parallel to and 28.00 feet westerly of the Westerly Line of said Block 113 a
distance of 400.02 feet more or less, to a point on the Westerly Projection of the
Northerly Line of said Block 113; thence easterly along said westerly projected
northerly block line a distance of 28.00 feet to the Northwest Corner of said Block
113; thence southerly along the Westerly Line of said Block 113 a distance of
400.02 feet, more or less, to the Point of Beginning and containing 0.26 acres,
more or less. (address: 11022 11th Street, Fontanelle) be approved as presented.
SECOND: Voss
VOTE: Aye – Lambrecht, Voss, Petznick, Schjodt, Mathiesen, Dierks and Stamp
Nay – none MOTION CARRIED
CONDITIONAL USE PERMIT
6. Conditional Use Permit request of Salem Evangelical Lutheran Church % H. John Wilkening, Jr.
For a church (recognizing a pre-existing use and to allow for expansion) on Lot 1 Revised, Block
113 Fontanelle Village; and part of 11th Street as platted and recorded in the Original Town site
of Fontanelle, and lying in the SW1/4 of the SW1/4 of Section 9, Township 18 North, Range 9
East of the 6th P.M. and more particularly described as follows: beginning at the Southwest
Corner of Block 113 in the Original Town site of Fontanelle, Washington County, Nebraska;
thence westerly along the Westerly Projection of the Southerly Line of said Block 113 a distance
of 280.00 feet; thence northerly parallel to and 28.00 feet westerly of the Westerly Line of said
Block 113 a distance of 400.02 feet more or less, to a point on the Westerly Projection of the
Northerly Line of said Block 113; thence easterly along said westerly projected northerly block
line a distance of 28.00 feet to the Northwest Corner of said Block 113; thence southerly along
the Westerly Line of said Block 113 a distance of 400.02 feet, more or less, to the Point of
Beginning and containing 0.26 acres, more or less. (address: 11022 11th Street, Fontanelle)
H. John Wilkening was present.
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Voss
I move the Conditional Use Permit request of Salem Evangelical Lutheran
Church % H. John Wilkening, Jr. for a church (recognizing a pre-existing use and
to allow for expansion) on Lot 1 Revised, Block 113 Fontanelle Village; and part
of 11th Street as platted and recorded in the Original Town site of Fontanelle,
and lying in the SW1/4 of the SW1/4 of Section 9, Township 18 North, Range 9
East of the 6th P.M. and more particularly described as follows: beginning at the
Southwest Corner of Block 113 in the Original Town site of Fontanelle,
Washington County, Nebraska; thence westerly along the Westerly Projection of
the Southerly Line of said Block 113 a distance of 280.00 feet; thence northerly
parallel to and 28.00 feet westerly of the Westerly Line of said Block 113 a
distance of 400.02 feet more or less, to a point on the Westerly Projection of the
Northerly Line of said Block 113; thence easterly along said westerly projected
northerly block line a distance of 28.00 feet to the Northwest Corner of said Block
113; thence southerly along the Westerly Line of said Block 113 a distance of
400.02 feet, more or less, to the Point of Beginning and containing 0.26 acres,
more or less. (address: 11022 11th Street, Fontanelle) be approved with a review
in 99 years.
SECOND: Stamp
VOTE: Aye – Voss, Petznick, Schjodt, Mathiesen, Dierks, Stamp and Lambrecht
Nay – none MOTION CARRIED
REPORTS FROM STAFF
Cook reported that all July Commission recommendations were concurred with by the County Supervisors.
ITEMS FROM THE PUBLIC
None
OLD BUSINESS
None
NEW BUSINESS
None
ITEMS FROM THE MEMBERSHIP
None
ADJOURNMENT
The meeting was adjourned at 8:40 p.m.
___________________________
Gary Lambrecht, Chairma
n
07-21-2009
WASHINGTON COUNTY PLANNING COMMISSION MINUTE
July 9, 2009 7:30 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
“Staff reports mailed to all Commission members prior to this meeting”
MEMBERS PRESENT STAFF PRESENT
Gary Lambrecht, Chairman Doug Cook, Plng. Admin. (staff)
Doug Dierks
Matt Mathiesen
Wes Petznick
Lyle Schjodt
Eileen Stamp
Kay Voss
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COMMISSION ACTION
Chairman Lambrecht called the meeting to order at 7:30 p.m.
At time of roll call, all members were present.
With regard to the June 4, 2009 minutes, the following action was taken:
MOTION: Voss
I move the June 4, 2009 minutes be approved as presented.
SECOND: Stamp
VOTE: Aye – Stamp, Lambrecht, Voss, Schjodt, Dierks, Petznick and Mathiesen
Nay – none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Schjodt
I move the agenda be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Lambrecht, Voss, Schjodt, Dierks, Petznick, Mathiesen and Stamp
Nay – none MOTION CARRIED
Chairman Lambrecht welcomed everyone and stated this meeting will be conducted in
accordance with the Nebraska Open Meetings Act and a copy of that Act is posted in the room;
and noted that copies of material the Commission has is also available in the hallway.
///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
PUBLIC HEARINGS
REZONING
1. Rezoning request of Dorothy Wilkening
From A-LSR (Agriculture – Lot Split Residential) to RA (Rural Acreage) of Tax Lot 7, Section 1-
Township 18 North-Range 9 East of the Sixth P.M. (address: 12644 County Road 9)
Proposed purchaser of the property, Andrew Sleight, stated they cannot obtain a loan to
purchase this property if the zoning in any way has the word “agricultural” attached to it.
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Mathiesen
I move the rezoning request of Dorothy Wilkening, from A-LSR (Agriculture – Lot
Split Residential) to RA (Rural Acreage) of Tax Lot 7, Section 1-Township 18
North-Range 9 East of the Sixth P.M. (address: 12644 County Road 9) be
approved as presented.
SECOND: Voss
VOTE: Aye – Voss, Schjodt, Dierks, Petznick, Mathiesen, Stamp and Lambrecht
Nay – none MOTION CARRIED
LOT SPLIT
2. Lot Split request of Jeffrey P. and Linda S. Lauritsen
Of Tax Lot 6, Section 30-Township 19 North-Range 11 East of the Sixth P.M. (address: 16731
County Road 14)
Linda Lauritsen, applicant, stated they wish to sell off the home site from the surrounding farm
ground.
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Petznick
I move the lot split request of Jeffrey P. and Linda S. Lauritsen of Tax Lot 6,
Section 30-Township 19 North-Range 11 East of the Sixth P.M. (address: 16731
County Road 14) be approved as presented.
SECOND: Schjodt
VOTE: Aye – Schjodt, Dierks, Petznick, Mathiesen, Stamp, Lambrecht and Voss
Nay – none MOTION CARRIED
REZONING
3. Rezoning request of Jeffrey P. and Linda S. Lauritsen
From A-1 (Agriculture Primary) to A- LSR (Agriculture – Lot Split Residential) of a proposed 3.01
acre tract from Tax Lot 6, Section 30-Township 19 North-Range 11 East of the Sixth P.M.
(address: 16731 County Road 14)
Chairman Lambrecht opened the public hearing. There were no comments from the audience.
Chairman Lambrecht closed the public hearing.
MOTION: Stamp
I move the rezoning request of Jeffrey P. and Linda S. Lauritsen, from A-1
(Agriculture Primary) to A- LSR (Agriculture – Lot Split Residential) of a proposed
3.01 acre tract from Tax Lot 6, Section 30-Township 19 North-Range 11 East of
the Sixth P.M. (address: 16731 County Road 14) be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Dierks, Petznick, Mathiesen, Stamp, Lambrecht, Voss and Schjodt
Nay – none MOTION CARRIED
CONDITIONAL USE PERMIT
4. Conditional Use Permit request of J. Joseph Ricketts and Hugo Enterprises, LLC
(applicant) and Larry L. and Cynthia J. Hald (owners)
For a religious camp and retreat center in the NW1/4 SW1/4 and Tax Lots 10, 24, 31 and 32 in
Section 33-Township 17 North-Range 10 East of the Sixth P.M. and Tax Lots 16, 17, 18, 19, 21
and the SW1/4 NW1/4, W1/2 SW1/4, E1/2 SE1/4 NW1/4, W1/2 SE1/4 NW1/4, E1/2 W1/2
SW1/4 NE1/4, W1/2 W1/2 SW1/4 NE1/4, E1/2 SW1/4 NE1/4, and along with a 30 foot road
easement for ingress and egress as in Book 111, Page 37, Washington County Register of
Deeds Office, all in Section 32-Township 17 North-Range 10 East of the Sixth P.M. (address:
1705 County Road P15)
Scott Dye, attorney representing Hugo Enterprises and Mr. J. Joseph Ricketts, presented the
request. Also speaking were Jim Hain, Alfred Levitt and Dolores Silkworth. They stated
the following:
* they are requesting a Conditional Use Permit for a religious camp and retreat center on 460
acres
* the land is under contract to purchase from the Hald’s
* retreats are “silent”
* full building “build-out” would be a minimum of three years from County approval
* buildings would include a meeting hall, residence facilities, and “live-in” full time staff
accommodations
* 10 – 15 retreats per year in the beginning working up to 40 per year maximum
* a full-time staff of 5- 7 on-site
* will be operated in the commonly thought term of a religious retreat facility
* will only be operated as a religious retreat facility; no other use will occur on the property
* the wild character of the land is what makes the property desirable
* inaccessible portions of the property would be operated as a nature preserve
* current agriculture land would be changed to be wildlife friendly land
* they are not asking for, nor will the property be, Church land – it will be owned by Mr.
Ricketts individually, a Foundation or an LLC
* they do not intend to have the land taken off the tax rolls
* retreatents would arrive on a Thursday and leave the following Sunday (3 days later)
At the request of the Commission, staff read the July 2, 2009 letter from Cheryl Parsons, County
Highway Superintendent.
Chairman Lambrecht then opened the public hearing.
Neighbors Robert Dobson, Laurie Schmidt, Leslie Fletcher and John Klosterman expressed the following concerns:
* there is an easement through Lots 6 & 7 of River Bend Acres Subdivision from Laver Lane
north – will that be opened up and used for access to the property?
* any intent to have horses?
* what assurance will there be that other uses (weddings, campgrounds, special events like
concerts, youth rallies, hunting camp, etc.) will not occur?
* is alcohol permitted?
* what happens if a retreatent trespasses on adjacent property?
* how will this use impact their property values?
Chairman Lambrecht closed the public hearing.
Scott Dye responded:
* obviously, there will be more traffic on County Road P15
* This is a very benign use compared to other uses allowed in the A-1 District (animal
confinement, sanitary landfill, commercial kennels, boarding or rooming house, etc.)
The Commission commented:
* more information is needed regarding County Road P15 from the County Highway
Superintendent
* further define the uses proposed to occur on the property
* clarify the tax exempt status
* specify how many retreatents and how often retreats will occur
* limit the acreage for the CUP to just the building site (improvements) area
* specify the trail surface
* do a drainage study
* use the RS-1 Regulations as a guide for issues to address
MOTION: Dierks
I move the Conditional Use Permit request of J. Joseph Ricketts and Hugo
Enterprises, LLC (applicant) and Larry L. and Cynthia J. Hald (owners) for a
religious camp and retreat center in the NW1/4 SW1/4 and Tax Lots 10, 24, 31
and 32 in Section 33-Township 17 North-Range 10 East of the Sixth P.M. and
Tax Lots 16, 17, 18, 19, 21 and the SW1/4 NW1/4, W1/2 SW1/4, E1/2 SE1/4
NW1/4, W1/2 SE1/4 NW1/4, E1/2 W1/2 SW1/4 NE1/4, W1/2 W1/2 SW1/4 NE1/4,
E1/2 SW1/4 NE1/4, and along with a 30 foot road easement for ingress and
egress as in Book 111, Page 37, Washington County Register of Deeds Office,
all in Section 32-Township 17 North-Range 10 East of the Sixth P.M. (address:
1705 County Road P15) be denied.
SECOND: Voss
VOTE: Aye – Petznick, Dierks and Voss
Nay – Mathiesen, Lambrecht, Stamp and Schjodt
MOTION FAILED
The following motion was then made:
MOTION: Schjodt
I move the Conditional Use Permit request of J. Joseph Ricketts and Hugo
Enterprises, LLC (applicant) and Larry L. and Cynthia J. Hald (owners) for a
religious camp and retreat center in the NW1/4 SW1/4 and Tax Lots 10, 24, 31
and 32 in Section 33-Township 17 North-Range 10 East of the Sixth P.M. and
Tax Lots 16, 17, 18, 19, 21 and the SW1/4 NW1/4, W1/2 SW1/4, E1/2 SE1/4
NW1/4, W1/2 SE1/4 NW1/4, E1/2 W1/2 SW1/4 NE1/4, W1/2 W1/2 SW1/4 NE1/4,
E1/2 SW1/4 NE1/4, and along with a 30 foot road easement for ingress and
egress as in Book 111, Page 37, Washington County Register of Deeds Office,
all in Section 32-Township 17 North-Range 10 East of the Sixth P.M. (address:
1705 County Road P15) be continued to the next meeting with greater details
provided based on the comments \ questions brought up tonight.
SECOND: Stamp
VOTE: Aye – Dierks, Voss, Mathiesen, Lambrecht, Stamp, Schjodt and Petznick
MOTION CARRIED
REPORTS FROM STAFF
Cook reported that all June Commission recommendations were concurred with by the County
Supervisors.
OLD BUSINESS
July 2009 Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
07-10 Jerry Schueler 2 homes temporarily revoke, no longer necessary
02-05 R. Wilkens & Sons sludge approve, 1 year review
MOTION: Voss
As per the recommendation of staff,