Minutes

MINUTES OF THE LAST MEETING

DRAFT #1

WASHINGTON COUNTY PLANNING COMMISSION MINUTES

February 4, 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.

Matt Mathiesen, Vice-Chairman

Lyle Schjodt

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, 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

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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

PREVIOUS MONTHS MINUTES

WASHINGTON COUNTY PLANNING COMMISSION MINUTES

October 1, 2009 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.

Matt Mathiesen, Vice-Chairman

Wes Petznick

Lyle Schjodt

Eileen Stamp

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COMMISSION ACTION

Chairman Lambrecht called the meeting to order at 7:00 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

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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 30^th 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.

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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.

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“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

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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.

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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 28^th 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 ½ 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

½ 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.
Don and Robbin Jeffrey

----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 2^nd 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 29^th 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 27^th), 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 11^th

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 11^th 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 11^th 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 11^th 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