SARPY COUNTY PLANNING & BUILDING DEPARTMENT
RECOMMENDATION REPORT
REZONE (RZ 21-001)
PRELIMINARY PLAT (PP 21-001)
TIBURON RIDGE NORTH Lots 1 – 38 AND OUTLOTS A - B APPLICANT: JMF, LLC
PLANNING COMMISSION HEARING OF: FEBRUARY 16, 2021
I. GENERAL INFORMATION A. APPLICANT:
JMF, LLC 11550 I Street Omaha NE 68137
B. PROPERTY OWNERS:
JMF, LLC 11550 I Street Omaha NE 68137
C. SUBJECT PROPERTY LOCATION: Subject property is located at the northeast corner of 180th Street and Highway 370.
D. LEGAL DESCRIPTION: Lot 1 Tiburon Ridge Commercial as surveyed, platted and recorded in Sarpy County, Nebraska.
E. SUBJECT PROPERTY SIZE: approximately 9.454 acres
F. EXISTING FUTURE LAND USE AND ZONING DESIGNATIONS:
Future Land Use Designation: Mixed Use
Zoning: RG-15 (General Residential – Multi-Family).
G. REQUESTED ACTION(S): To approve a Rezoning from RG-15 to RD-50 PD and a Preliminary Plat for a subdivision to be known as Tiburon Ridge North, Lots 1-38 and Outlots A-B. The applicant is requesting to rezone the property to RD-50, adding the Planned Development Overlay District (PD) to allow up to 20% of the lot widths to be a minimum width of 45 feet.
II. BACKGROUND INFORMATION
A. EXISTING CONDITION OF SITE: Graded for development.
B. GENERAL VICINITY AND LAND USE DIRECTION
FROM SUBJECT PROPERTY
FUTURE
LAND USE DESIGNATION
(reference attached map)
CURRENT ZONING DESIGNATION
(reference attached map)
SURROUNDING DEVELOPMENT
NORTH Low to Medium Density Residential RE2 & RE1 Acreage Residential
SOUTH Mixed Use RG-15 HC & BG Approved for Multi-
Family
EAST Low to Medium Density Residential RS-100 & RS-72 Single-Family Residential WEST Low to Medium Density Residential AGR, RE2 & RE1 Acreage Residential
AG = Agricultural (20 acre minimum lot)
AGR = Agricultural Residential (5 acre minimum lot) RE2 = Residential Estates (2 acre minimum lot) RE1 = Residential Estates (1 acre minimum lot)
RS-100 = Single-Family Residential District (10,000 sq. ft. minimum lot) RS-72 = Single-Family Residential District (7,200 sq. ft. minimum lot) BG = General Business
HC= Highway Corridor Overlay
C. RELEVANT CASE INFORMATION:
The original Preliminary Plat and Change of Zone for Tiburon Ridge Development were approved by the County Board in 2012 (Resolution 2012-357 and 2012-358).
- That Preliminary Plat approved in 2012 proposed the development of this area to include commercial and multi-family uses.
This Preliminary Plat proposes to change the large lot along the northern edge of the development from multi-family development to 38 single-family residential lots and 2 outlots for common space.
Utilities:
- Water service will be provided by MUD - Gas service by Black Hills Energy
- Sanitary Sewer would be provided by the City of Gretna. A Wastewater Service Agreement with Gretna will be required prior to advancing the applications on to the County Board for consideration.
- Electric service will be provided by OPPD D. APPLICABLE REGULATIONS:
Sarpy County Comprehensive Plan –
- On its own, this application does not comply with the Mixed Use Future Land Use Designation, but the full scope of the owner/applicant’s Tiburon Ridge Commercial Development includes multi-family, single-family, and commercial which does meet objectives set forth by the Mixed Use Future Land Use.
- The rest of the application is consistent with the Future Land Use Map and policies of the Comprehensive Plan
Sarpy County Zoning Regulations
SECTION 16, RD-50 (Two-Family Residential District)
- 16.4.1 Development must meet the following minimum requirements, except as provided in Section 34 Supplementary Regulations:
Single Family Dwelling (by Special Use Permit)
• Lot Area – 5,000 sq. ft.
• Lot Width – 50 feet
• Front Yard Setback – 25 feet
• Side Yard Setback – 5 feet
• Street Side Yard Setback – 15 feet
• Rear Yard Setback – 25 feet
• Maximum Height – 35 feet
SECTION 27 - PD PLANNED DEVELOPMENT DISTRICT
- This zoning district is created to be appended to a residential, commercial, or industrial district to provide for the placement and location of more than one building on a lot in an arrangement to permit more feasible, original and better siting of buildings.
- 27.4.3 The changes or reductions are granted by the County Board of Commissioners after receiving the recommendations of the Planning Commission and the changes substantially meet the following:
a) Twenty percent of the total number of lots of the overall subdivision may be reduced to a minimum lot width of 45 feet.
b) Ten percent of the total number of lots of the overall subdivision may be reduced to a minimum lot width of 40 feet.
c) Front yards may be reduced to a minimum of 20 feet where double-car width driveways are provided;
d) Side yards, other than street side yards, may be reduced to zero lot line, provided the opposite side yard is increased by the same distance;
e) Rear yards may be reduced to a minimum of 15 feet;
This Preliminary Plat as submitted specifies these requirements and complies with the County Zoning Regulations.
SECTION 36, Landscaping Regulations
36.3 STREET YARD REQUIREMENTS AND LANDSCAPING
• 36.3.1 Residential Developments adjacent to arterial streets, and/or major arterial streets shall provide, a 20' landscaped buffer along the perimeter of the development.
a) Plant materials shall include a combination of deciduous and coniferous trees with a minimum placement of one tree every thirty feet.
b) A landscaped earth berm not exceeding six feet in height may be used in combination with the plant materials.
c) The landscaped buffer shall contain only approved landscaped materials.
d) No fence shall be placed within the 20' landscaped buffer.
- 36.4 A landscaped side yard and rear yard buffer shall be provided when a more intensive land use is established adjacent to a less intensive land use. The owner, developer or operator of the more intensive land uses shall install and maintain a landscaped side yard and rear yard buffer on a lot or site of not less than 20 feet.
Staff recommends that a 20 foot wide landscape buffer easement be added along the northern perimeter of the site. A Landscape Plan for the buffer should also be submitted prior to moving the applications forward to the County Board for
consideration. Such plan should include proposed landscaping materials, irrigation, and include stipulations that no fences will be allowed to be erected within the designated landscape buffer area. A note to this effect needs to be added to the Final Plat as well.
Sarpy County Subdivision Regulations – the overall Preliminary Plat application and submittal documents comply with the County Subdivision Regulations.
III. ANALYSIS
A. COMPREHENSIVE PLAN:
The Comprehensive Plan’s Future Land Use Map shows the area as Mixed Use.
While the proposed development does not meet the Mixed Use Development Future Land Use, the area was platted prior to the adoption of the Comprehensive Plan and is proposing three types of uses in the area, which is the intent of the Mixed Use land use designation.
2012 - Tiburon Ridge Subdivision was initially platted
2014 - Change of Zone from AG to RG-15, RS-72
2017 - Sarpy County Comprehensive Plan was adopted; Future Land Use shown as Mixed Use.
The proposal of Single-Family Residential, along with approved Multi-Family and Commercial uses in the area, meets the Mixed-Use objectives for this area.
B. TRAFFIC AND ACCESS:
Access to the subject property will be available as follows:
- S 178th Avenue, S 178th Street, and S 177th Street via Cypress Drive C. PUBLIC NOTIFICATION AND PUBLIC COMMENTS:
Notice of the public hearing for this application was published in area newspapers, notification letters were sent out to property owners within 300 feet of the subject property, and the subject property was posted with a sign indicating a zoning action was pending on it.
D. OTHER AGENCY REVIEW/COMMENTS:
The applications were sent to area jurisdictional agencies or departments that may have an interest to allow them to comment. Comments received from JEO,
consultant for Sarpy County Public Works, are attached. Should any additional comments be received, they will be provided at the public hearing.
IV. STAFF RECOMMENDATION:
A. REZONE: Staff recommends APPROVAL of the application for a Change of Zone from RG-15 (General Residential) to RD-50 PD (Two-Family Residential with Planned Development Overlay), subject to the comments found in this staff report and
attachments.
Staff makes this recommendation as the proposal is consistent with the Sarpy County Comprehensive Plan and complies with the requirements of the Sarpy County Zoning Regulations.
B. PRELIMINARY PLAT: Staff recommends APPROVAL of the application for a Preliminary Plat for a subdivision to be known as Tiburon Ridge North, Lots 1 through 38 inclusive and Outlots A and B, subject to the comments and attachments in this staff report as well as the following conditions:
1) An approved Wastewater Service Agreement with the City of Gretna must be submitted to Sarpy County Planning prior to moving the applications forward to the County Board for consideration.
2) A Landscape Plan for the buffer area shall be submitted prior to moving the
applications forward to the County Board for consideration. Such plan shall include proposed landscaping materials, irrigation, and include stipulations that no fences will be allowed to be erected within the designated landscape buffer area. A note to this effect will need to be added to the Final Plat.
3) The attached comments and recommendations from the Sarpy County Public Works Department and JEO (County consultant) must be addressed.
4) A draft Subdivision Agreement must be submitted before taking Preliminary Plat to County Board
Staff makes this recommendation as the proposal, with the comments and conditions as noted in this staff report and its attachments, is consistent with the Sarpy County Comprehensive Plan and complies with the requirements of the Sarpy County Zoning and Subdivision Regulations.
V. PLANNING COMMISSION RECOMMENDATION:
A. MOTION: REZONE
B. MOTION: PRELIMINARY PLAT VI. ATTACHMENTS TO REPORT:
1. Proposed Preliminary Plat 2. Comments Received 3. Aerial Map of Site
4. Current Future Land Use Map (showing subject property area) 5. Current Zoning Map
VII. COPIES OF REPORT SENT TO:
1. JFM LLC, (applicant and owner)
2. Joe Flaxbeard, Lamp Rynearson (applicant’s engineering consultant) 3. Public Upon Request
Know what's
below.
before you dig.
Call
R
14710 W. DODGE RD, STE. 100 OMAHA, NE 68154
402.496.2498 LampRynearson.com
WILLIAM E. KNIGHT LS-566
January 28, 2021
To: Leslie Steel, Sarpy County Public Works From: Julie Ogden, JEO Consulting Group RE: Tiberon Ridge - North
Preliminary Plat
JEO Project No. R190208-066
Documents Received for this Review:
• Current Zoning Map (not reviewed)
• Future Land Use Map (not reviewed)
• Preliminary Plat
• Paving exhibit
• Street Profile exhibit
• Utilities exhibit
• Grading/Erosion control exhibit
• PCSMP exhibit
• Drainage Study (from Tiberon Ridge Phase 4)
Project/Submittal Comments:
# Reference or Document
Reviewer’s Comments, Questions, Proposals Author Correction or Justification (by the Consultant/Developer) 1 Preliminary Plat For the lots with the proposed storm sewer easement
or sanitary sewer easement (28, 29, 38 & 19), how does the proposed building envelope coordinate with this easement? Provide width of the easement on each lot.
JAO
2 Preliminary Plat Building envelopes are not shown on non-square shaped lots.
JAO 3 Preliminary Plat Utilities already constructed in Cypress Drive ROW are
not shown on the preliminary plat.
JAO 4 Paving/Sanitary
Sewer Exhibit
Street ROW dedication meets minimum standard.
Street paving width meets minimum standards. On 178th Street, with the narrow lots and anticipated double width driveways, will there be enough available parking for the residences as on street parking for that area would be limited because of driveway curb cuts
JAO
5 Paving/Sanitary Sewer Exhibit
Proposed sanitary sewer appears to be flowing against grade on 178th Street. Why?
JAO 6 Storm Sewer,
Grading &
Erosion Control Exhibit
The drainage study provided did not include
calculations to support the sizing of the storm sewer pipes. Why are the storm sewer pipes that would parallel Cypress Drive not installed within the Street ROW?
JAO
7 Storm Sewer, Grading &
Erosion Control Exhibit
Only erosion control measure shown is silt fence on the west and south sides. Site will also require a
construction entrance, concrete washout pit among other times. Please update and resubmit plan.
JAO
8 PCSMP Exhibit Shows a table on Pond A (outside plat limits) but a drainage study showing storm water retention to satisfy county requirements is not provided.
JAO
9 Water Exhibit Water main layout appears to allow for proper separation between sanitary sewer and storm sewer.
JAO
Leslie Steel January 28, 2021
RE: Tiberon Ridge - North Page 2 of 2
# Reference or Document
Reviewer’s Comments, Questions, Proposals Author Correction or Justification (by the Consultant/Developer) 10 Street Profile
exhibit
An exhibit showing the proposed profile of each street was not included for review and is a requirement of the submittal. Please provide.
JAO
11 Drainage Study The study provided was from the Tiberon Ridge-Phase 4 platting. While it showed the detention cells already constructed that included detention for run-off from this plat. The curve number is appropriate for a residential area of lots about 10,000 sf. Since some lots are smaller than this, it should be reviewed and updates.
Calculations for the sizing of the storm sewer inlets and pipes was not included. A study for this area should be provided to verify the proposed lot/street layout still meets the detention requirements and also includes the design sizing for the storm sewer pipes and inlets.
JAO
Other Items of Note:
• The City of Omaha has updated their standard specifications for construction and standard plates.
Versions of these documents are available for use. Sarpy County allowing use of either the 2014 or 2020 specifications at this time.
• The reviewer did not check and list all items that require a design waiver as part of this review. It is up to the developer/design engineer to request all waivers required for this subdivision. Any waivers noted are for the information of the developer/ design engineer and should be included in a revised formal waiver request if desired. The reviewer and/or the Sarpy County Engineer cannot approve design waivers, only provide recommendations to the County Planning Commission and County Board.
