DRAFT
5/07/08
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
May 1, 2008 7:30 p.m.
Supervisors Room, County Courthouse, 1555 Colfax Street, Blair, Nebraska
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“Staff reports either mailed or hand delivered 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, Vice-Chairman
Lyle Schjodt
Eileen Stamp
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COMMISSION ACTION:
Chairman Lambrecht called the meeting to order at 7:33 p.m.
At time of roll call, member Voss was absent.
With regard to the April 3, 2008 minutes, the following action was taken:
MOTION: Stamp
I move the April 3, 2008 minutes be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Dierks, Mathiesen, Petznick, Schjodt, Stamp and Lambrecht
Nay - none MOTION CARRIED
With regard to the agenda, the following action was taken:
MOTION: Petznick
I move the agenda be approved as presented.
SECOND: Stamp
VOTE: Aye – Mathiesen, Petznick, Schjodt, Stamp, Lambrecht and Dierks
Nay – none MOTION CARRIED
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PUBLIC HEARINGS:
1. Final Plat application for George F. and Marlene J. Vogel (continued from April meeting)
George and Marlene Vogel final plat of Lazy S Ranches Subdivision, a 6 lot residential subdivision, a
Subdivision of Tax Lot 65, Section 36-Township 17 North-Range 12 East of the Sixth P.M. (general
location: north side of Dutch Hall Road, north and west of 6626 Dutch Hall Road)
The staff report was contained in the Commission’s packet. The Planning Administrator noted that a letter
(email) from Dick Sklenar of the NRD (dated April 23, 2008) had been received and also received was a
letter (email) from Amanda Grint of the NRD (dated April 30, 2008); both of which were distributed to the
Commission tonight.
The Chairman noted this meeting is conducted in accordance with the Nebraska Open Meetings Act and a
copy is posted in the room.
Julie Ogden, JEO, the County engineering consultant, noted the following:
* the newest version of the drainage study is more accurate than the first drainage study
* the applicant’s engineer uses methodology utilized by Douglas County; while she uses Nebraska
Department of Roads methodology
* the difference in those two methodologies is in rainfall intensity and for some reason the rainfall totals
don’t match
* drainage studies are not an exact science
* there is no detention required on this site
* there is an existing terrace; the plan shows it will not be disturbed
* any drainage \ runoff would be “sheet flow”
* there will be silt traps around the culverts
* the SWPPP appears to be appropriate
* her opinion is that this drainage study meets the adopted County Storm Water Policies
* the drainage study assumes a 4000 sq. ft. rooftop surface
Applicant Marlene Vogel stated:
* they are asking for approval tonight
*Abby Road has been engineered to County specifications
* throughout this process, there has been no neighborhood opposition
* they are now proposing wells in order to avoid the controversy over a 4” or 6” water line
* Abby Road is approximately 800’ in length depending on where on the cul-de-sac is measured to
Chairman Lambrecht opened the public hearing.
Dick Sklenar, water system project manager from the Papio-Missouri River NRD, stated:
* from County Road 45 there is a 4” water line running approximately 800’ east along Dutch Hall Road
* according to their engineers, that 4” line can accommodate 80 more residences
* that line does not have enough capacity for a fire hydrant
* Surrey Hills and Spring Valley subdivisions do not have fire hydrants
* the NRD water system is about water quality
* providing water service to this property is not a problem
* at the end of the Abby Road cul-de-sac the NRD will place a clean-out hydrant that the Fort Calhoun
VFD is welcome to use
* there is also a filing station at the intersection of County Road 45 and Dutch Hall Road
* a fire hose can be attached to a clean-out hydrant
* because this system is not a fire fighting system, he prefers no more than 2 clean-out hydrants per mile
Mike Smith, Chief, Fort Calhoun Volunteer Fire Department stated:
* his letter is a template letter that is sent on every County development proposal
* the VFD realizes a 6” water line is not economically feasible everywhere
* clean-out hydrants are worthless in a structure fire scenario
* they use soft suctions on a “standard” fire hydrant; even in Fort Calhoun
* requested a turn-around approximately half-way up Abby Road
Chairman Lambrecht closed the public hearing.
J. Ogden stated that she would work with the developer’s engineer and the NRD to address all comments
provided in the NRD letter prior to presenting this plat to the County Supervisors.
MOTION: Petznick
I move the George and Marlene Vogel final plat of Lazy S Ranches Subdivision, a 6 lot
residential subdivision, a subdivision of Tax Lot 65, Section 36-Township 17 North-Range
12 East of the Sixth P.M. (general location: north side of Dutch Hall Road, north and
west of 6626 Dutch Hall Road) be approved provided the 4” NRD water line serve the
subdivision; and that a waiver be granted to the 600-foot maximum length of a cul-de-sac
provided an eyebrow cul-de-sac be provided on Lot 2, close to the midpoint of Abby
Road.
SECOND: Schjodt
VOTE: Aye – Petznick, Schjodt, Lambrecht, Dierks and Mathiesen
Nay –Stamp MOTION CARRIED (5-1)
REZONING
2. Rezoning application for George F. and Marlene J. Vogel (continued from April meeting)
George and Marlene Vogel rezoning of Lazy S Ranches Subdivision, a 6 lot residential subdivision, from
A-1 Agriculture Primary to RS-2 Rural Subdivision-2, Section 36-Township 17 North-Range 12 East of the
Sixth P.M. (general location: north side of Dutch Hall Road, north and west of 6626 Dutch Hall Road)
The staff report was contained in the Commission’s packet.
M. Vogel noted all the lots meet \ exceed the minimum lot size for the RS-2 zoning designation (5.01 acres).
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman
Lambrecht closed the public hearing.
MOTION: Mathiesen
I move the George and Marlene Vogel rezoning of Lazy S Ranches Subdivision, a 6 lot
residential subdivision, from A-1 Agriculture Primary to RS-2 Rural Subdivision-2,
Section 36-Township 17 North-Range 12 East of the Sixth P.M. (general location: north
side of Dutch Hall Road, north and west of 6626 Dutch Hall Road) be approved as
presented.
SECOND: Dierks
VOTE: Aye – Schjodt, Lambrecht, Dierks, Mathiesen, Petznick and Stamp
Nay –none MOTION CARRIED
LOT SPLIT
3. Lot Split application for Louise Voss
Louise Voss lot split to create a 4.97-acre parcel, from the E1/2 NE1/4, Section 15-Township 17 North-
Range 11 East of the Sixth P.M. (address: 13221 County Road 34)
The staff report was contained in the Commission’s packet.
Steve Neuverth, neighbor to and representing L. Voss, presented the request noting that he will be
purchasing the remaining farm ground while his brother will be purchasing the lot split property.
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman
Lambrecht closed the public hearing.
MOTION: Stamp
I move the Louise Voss lot split to create a 4.97-acre parcel, from the E1/2 NE1/4,
Section 15-Township 17 North-Range 11 East of the Sixth P.M. (address: 13221 County
Road 34) be approved as presented.
SECOND: Schjodt
VOTE: Aye – Lambrecht, Dierks, Mathiesen, Petznick, Stamp and Schjodt
Nay –none MOTION CARRIED
4. Rezoning application for Louise Voss
Louise Voss rezoning from A-1 Agriculture Primary to A-LSR Agricultural – Lot Split Residential of a
4.97-acre parcel, from the E1/2 NE1/4, Section 15-Township 17 North-Range 11 East of the Sixth P.M.
(address: 13221County Road 34)
The staff report was contained in the Commission’s packet.
Steve Neuverth, neighbor to and representing L. Voss, presented the request noting this rezoning request is
as required by the Zoning Regulations.
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman
Lambrecht closed the public hearing.
MOTION: Dierks
I move the Louise Voss rezoning request from A-1 Agriculture Primary to A-LSR
Agricultural – Lot Split Residential of a 4.97-acre parcel, from the E1/2 NE1/4, Section
15-Township 17 North-Range 11 East of the Sixth P.M. (address: 13221County Road
34) be approved as presented.
SECOND: Stamp
VOTE: Aye – Dierks, Mathiesen, Petznick, Stamp, Schjodt and Lambrecht
Nay –none MOTION CARRIED
5. Rezoning application for Timothy and Cheryl Curtis
Timothy and Cheryl Curtis rezoning from A-LSR Agricultural – Lot Split Residential to A-1 Agriculture
Primary of Tax Lot 35, a 5.01-acre parcel, Section 33-Township 18 North-Range 12 East of the Sixth P.M.
(address: 7474 County Road 39)
The staff report was contained in the Commission’s packet.
C. Curtis explained that a buyer has been found who wishes to purchase the “original” 22- acre parcel and so
they are requesting that the lot split and rezoning the County approved last Fall be “erased.”
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman
Lambrecht closed the public hearing.
MOTION: Petznick
I move the Timothy and Cheryl Curtis rezoning from A-LSR Agricultural – Lot Split
Residential to A-1 Agriculture Primary of Tax Lot 35, a 5.01-acre parcel, Section 33-
Township 18 North-Range 12 East of the Sixth P.M. (address: 7474 County Road 39)
be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Mathiesen, Petznick, Stamp, Schjodt, Lambrecht and Dierks
Nay –none MOTION CARRIED
SUBDIVISION REGULATION TEXT AMENDMENT
6. Washington County Subdivision Regulation Text Amendment
A Subdivision Regulation text amendment to Article 5: Final Plat, Section 5.02 Final Plat Requirements
This proposal would: a) change the requirement, from 17 days to 10 days prior to the County Planning
Commission meeting, that letters from the County Surveyor, County Highway Superintendent and County
Building Inspector be submitted to the County Planning Department; b) delete the requirement that an
electronic version of the approved final plat be provided to the County 17 days prior to the County Planning
Commission meeting.
The staff report was contained in the Commission’s packet.
Planning Administrator Cook explained the request.
Commissioner Stamp expressed a concern that items were put on the agenda without all the required
information being obtained. During a general discussion among the members, Cook explained that he
advises applicants what is needed for the County to act on the particular request and must assume that
information will be obtained. He then stated he is working on another text amendment that will further
clarify responsibilities.
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman
Lambrecht closed the public hearing.
I move the Subdivision Regulation text amendment to Article 5: Final Plat, Section 5.02
Final Plat Requirements that changes the requirement, from 17 days to 10 days prior to
the County Planning Commission meeting, that letters from the County Surveyor, County
Highway Superintendent and County Building Inspector be submitted to the County
Planning Department; and b) deletes the requirement that an electronic version of the
approved final plat be provided to the County 17 days prior to the County Planning
Commission meeting, be approved as presented.
SECOND: Mathiesen
VOTE: Aye – Mathiesen, Petznick, Schjodt, Lambrecht and Dierks
Nay –Stamp MOTION CARRIED (5-1)
SUBDIVISION REGULATION TEXT AMENDMENT
7. Washington County Subdivision Regulation Text Amendment
A Subdivision Regulation text amendment to Article 5: Final Plat, Section 5.05 Other Requirements:
This proposal would require that an electronic version (Auto Cad) of the approved final plat shall be
provided to the County.
The staff report was contained in the Commission’s packet.
Planning Administrator Cook explained the request.
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman
Lambrecht closed the public hearing.
MOTION: Dierks
I move the Subdivision Regulation text amendment to Article 5: Final Plat, Section 5.05
Other Requirements requiring that an electronic version (Auto Cad) of the approved final
plat shall be provided to the County, be approved as presented.
SECOND: Schjodt
VOTE: Aye – Petznick, Schjodt, Lambrecht, Dierks, Mathiesen and Stamp
Nay –none MOTION CARRIED
SUBDIVISION REGULATION TEXT AMENDMENT
8. Washington County Subdivision Regulation Text Amendment
A Subdivision Regulation text amendment to add a Section 2.05 – Replat of a Subdivision. This proposal
would create a new section in the Subdivision Regulations specifying the procedure for replatting previously
platted subdivisions.
The staff report was contained in the Commission’s packet.
Planning Administrator Cook explained the request.
Chairman Lambrecht opened the public hearing. There were no comments from the audience. Chairman Lambrecht closed the public hearing.
MOTION: Stamp
I move the Subdivision Regulation text amendment to add a Section 2.05 - Replat of a
Subdivision, be approved as presented.
SECOND: Petznick
VOTE: Aye – Schjodt, Lambrecht, Dierks, Mathiesen, Stamp and Petznick
Nay –none MOTION CARRIED
NEW BUSINESS
Referred from the Board of Supervisors:
1. Discussion on a Resolution providing for individual lot erosion control
Bill Burdess accused the Planning Administrator of violating the United States Constitution in that these
regulations were exempting some individuals based on the size of their lots. He stated that everyone must be
treated equally.
G. Andersen noted that the City of Omaha has 9 inspectors checking for erosion control throughout the
City; and even that many is not enough.
Commissioner Stamp recommended a penalty clause (monetary fines) be added to the Resolution.
MOTION: Stamp
I move discussion on the Resolution on individual lot erosion control be continued to the
next meeting.
SECOND: Petznick
VOTE: Aye – Lambrecht, Dierks, Mathiesen, Stamp, Petznick and Schjodt
Nay –none MOTION CARRIED
2. Discussion on a Resolution providing for the review of drainage studies, erosion control plans and a
schedule of fees
Julie Ogden, JEO, briefly explained this Resolution.
There were no comments from the audience.
MOTION: Stamp
I move the Resolution providing for the review of drainage studies, erosion control
plans and a schedule of fees be forwarded on to the County Supervisors with no
objections with the understanding that the fee schedule be updated on a regular basis.
SECOND: Dierks
VOTE: Aye – Lambrecht, Dierks, Mathiesen, Stamp, Petznick and Schjodt
Nay –none MOTION CARRIED
REPORTS FROM STAFF
The Planning Administrator noted that the Board had continued the Vogel final plat to May 12th and
additionally that all CUP reviews were as per Planning Commission recommendations.
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OLD BUSINESS
1. Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
97-08 Arp hog confined feeding continue to next meeting
05-08 Neale Shaner caretaker mobile home revoke, no longer necessary
04-02 Neale Farms corn milling biosolids approve, 3 month review
04-08 Jeff Hoier corn milling biosolids approve, 3 month review
07-02 Mohr \ Black equine vet clinic approve, 10 year review
07-03 Mike Smith corn milling biosolids approve, 3 month review
07-04 John Tyson corn milling biosolids approve, 3 month review
07-06 Robert Peterson corn milling biosolids approve, 3 month review
07-07 Shaner Family Farms corn milling biosolids approve, 3 month review
07-08 Randy Blomker corn milling biosolids approve, 3 month review
95-13 (1)Kriete Farms sludge approve, 3 month review
95-13 (2)Kriete Farms sludge approve, 3 month review
04-05 Boettger\Hoier corn milling biosolids approve, 3 month review
98-07 Hoegermeyer Farms sludge approve, 3 month review
07-09 Rick Muhe acc. bldg. b\f hse. in subdivision approve, 1 year review
MOTION: Dierks
I move the Conditional Use Permit reviews be approved as listed above.
SECOND: Stamp
VOTE: Aye – Dierks, Mathiesen, Stamp, Petznick, Schjodt and Lambrecht
Nay –none MOTION CARRIED
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ADJOURNMENT
The meeting was adjourned at 10:00 p.m.
______________________
Gary Lambrecht, Chairman
DRAFT
04-21-2008
WASHINGTON COUNTY PLANNING COMMISSION MINUTES
April 3, 2008 7:30 p.m.
Supervisors Room, County Courthouse, 1555 Colfax Street, Blair, Nebraska
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“Staff reports either mailed or hand delivered to all Commission members prior to this meeting.”
MEMBERS PRESENT STAFF PRESENT
Gary Lambrecht, Chairman Doug Cook, Plng. Admin. (staff)
Matt Mathiesen
Wes Petznick
Lyle Schjodt
Eileen Stamp
Kay Voss
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COMMISSION ACTION:
Member Lambrecht called the meeting to order at 7:31 p.m.
At time of roll call, members Dierks and Mathiesen were absent (see below).
With regard to the March 6, 2008 minutes, the following action was taken:
MOTION: Schjodt
I move the March 6, 2008 minutes be approved with the following correction: delete Wes
Petznick’s name, and replace with Kay Voss’ name, for the voting on agenda item #7
(Petznick was not present at that meeting).
SECOND: Voss
VOTE: Aye – Lambrecht, Petznick, Schjodt, Stamp 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: Petznick
VOTE: Aye – Petznick, Schjodt, Stamp, Voss and Lambrecht
Nay - none MOTION CARRIED
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PUBLIC HEARINGS:
1. Final Plat application for George F. and Marlene J. Vogel
George and Marlene Vogel final plat of Lazy S Ranches Subdivision, a 6 lot residential subdivision, a
subdivision of Tax Lot 65, Section 36-Township 17 North-Range 12 East of the Sixth P.M. (general
location: north side of Dutch Hall Road, north and west of 6626 Dutch Hall Road)
The staff report was contained in the Commission’s packet. The Planning Administrator noted that a letter
(email) from the NRD (dated March 28, 2008) had been received and was distributed to the Commission
tonight.
Applicant G. Vogel stated this request is to develop 6 lots, all greater than 5-acres in size, on approximately
35 acres with a road running through the middle. He said he will be extending the 4” NRD water line
approximately 1000’ along Dutch Hall Road to get to Abby Road. He continued that there appears to be a
drainage issue between his engineer, the County’s engineer and the NRD’s engineer. M. Vogel noted that
where sidewalks are referenced in their engineers’ letter that refers to the walkway from a driveway to a
porch; not public sidewalks such as in an urban setting.
Member Mathiesen arrived at this time.
Chairman Lambrecht opened the public hearing.
Commission members voiced the following:
* the Abby Road cul-de-sac is well in excess of the permitted 600’
* the Fort Calhoun Volunteer Fire Department is requesting a 6” water line serve the property
* an NRD 4” water line is available, but any “hydrant” would be only a fill station
* the Fire Department expressed no objection to the length of the Abby Road cul-de-sac
Brad Andersen, Chairman of the City of Blair Planning Commission, stated the NRD is not asking for a 6”
line through the subdivision.
Pam Daly, representing herself, stated:
* JEO is incorporating their review with the County’s adopted Storm Water Policies
* page 3 of the Storm Water Policy, under Root Policy, sets the criteria for runoff
Staff noted there appears to be some confusion over different verbiage in copies of the Storm Water
Policies. He stated he will check on that.
Chairman Lambrecht said he can understand why there might be different versions of the Storm Water
Policies as there were many, many drafts circulated before a final version was adopted. He continued that
JEO’s responsibility is to bring the drainage facts forward; but the County is the ultimate authority.
Member Stamp noted the percolation tests have not been provided. Applicant G. Vogel admitted it was an
error on his part that they are not yet available.
Julie Ogden, Engineer from JEO (the County’s drainage consultant), stated:
* the length of the cul-de-sac, from the center of the section line along Dutch Hall Road to the center of the
Abby Road cul-de-sac, is approximately 950’
* generally, JEO will not say “it is approved’; but they will highlight issues the County may want to
consider
* she stated her review of this subdivision was based upon the Root Policy on page 3, sentence 2 that states
“in new development, no net increase in storm water runoff is allowed.”
* her interpretation of the Policy is that because there is no basin that the “detention portion” of the Root
Policy would not be applicable
* an NPDES permit has been submitted to the State for this subdivision
* in this subdivision, there is no area where water concentrates
* she stated she will look at active existing ravine erosion
Chairman Lambrecht noted that the Storm Water Policies are still a work in progress and that continued
tweaking will be necessary; for instance some counties require that the first 1/2 “ of rain be captured as that
is when most of the pollutants are released. He stated the Storm Water Policies were developed by Douglas
and Washington County citizens and officials with the purpose to develop policies that would meet NPDES
permits and against the building of structures that permanently hold water (dams). He emphasized they are
policies, not regulations.
He also expressed concern that the NRD has issues with the applicant’s engineer’s report. He concluded by
stating that the County could require a 6” line be placed in the ground, but not used, at this time, and that at
some point in the future, if deemed necessary by someone, could be hooked-up and utilized.
Member Schjodt asked if we have required subdivisions prior to this one to hook onto a 6” line; and if not,
have we established some precedence.
It was noted that hooking the existing 4” NRD water line to a new 6” water line would result in a loss of
water pressure.
Applicant G. Vogel then inquired as to what would happen if he changed his subdivision request to state that
water will be supplied by private wells?
It was suggested that Dick Sklenar, NRD, and Mike Smith, Fort Calhoun Fire, be present at the next
meeting.
Commission members then noted:
* the Fire Chief is not stating that development shouldn’t occur
* Dick Sklenar has said in past meetings that the NRD water system is for providing water for rural
residents, not for fighting fires
Chairman Lambrecht closed the public hearing.
MOTION: Stamp
I move the George and Marlene Vogel final plat of Lazy S Ranches Subdivision, a 6 lot
residential subdivision, a subdivision of Tax Lot 65, Section 36-Township 17 North-Range
12 East of the Sixth P.M. (general location: north side of Dutch Hall Road, north and
west of 6626 Dutch Hall Road) be continued to the next meeting for the following
reasons: (1) percolation tests have not been received; (2) the SWPPP has not been
received; (3) all parties do not agree on the drainage study; (4) length of cul-de-sac not
decided.
SECOND: Schjodt
VOTE: Aye – Schjodt, Stamp, Mathiesen, Voss
Nay – Lambrecht, Petznick MOTION CARRIED (4-2)
2. Rezoning application for George F. and Marlene J. Vogel
George and Marlene Vogel rezoning of Lazy S Ranches Subdivision, a 6 lot residential subdivision, from
A-1 Agriculture Primary to RS-2 Rural Subdivision-2, Section 36-Township 17 North-Range 12 East of the
Sixth P.M. (general location: north side of Dutch Hall Road, north and west of 6626 Dutch Hall Road)
MOTION: Stamp
I move the George and Marlene Vogel rezoning of Lazy S Ranches Subdivision, a 6 lot
residential subdivision, from A-1 Agriculture Primary to RS-2 Rural Subdivision-2,
Section 36-Township 17 North-Range 12 East of the Sixth P.M. (general location: north
side of Dutch Hall Road, north and west of 6626 Dutch Hall Road) be continued to the
next meeting.
SECOND: Mathiesen
VOTE: Aye – Stamp, Mathiesen, Voss, Lambrecht and Schjodt
Absent (out of room) - Petznick MOTION CARRIED
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REPORTS FROM STAFF
The Planning Administrator reported the Supervisors concurred with all the Commission’s March, 2008
recommendations.
ITEMS FROM THE PUBLIC
Ronald Hineline (7997 County Road P26) addressed the Commission regarding a buffer zone along the
Papio creeks:
* we don’t need dams in the County
* how about a ˝ mile no-build buffer zone along the two Papio Creeks and also along any future dams built
in the County?
* exceptions from this could be approved by the Commission and Board
* any existing buildings would be grandfathered
* the ˝ mile distance is not set in concrete; but some distance should be established
Chairman Lambrecht advised R. Hineline that this topic will be placed on the Subcommittee of Six’s list of
discussion items.
OLD BUSINESS
1. Conditional Use Permit reviews:
FILE # APPLICANT PURPOSE STAFF RECOMMENDATION
97-08 Arp hog confined feeding &