Resolution No. R BOARD OF COMMISSIONERS SARPY COUNTY, NEBRASKA

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AGENDA ITEM REQUEST 19-107

Board of Commissioners - Jul 09 2019

Public Hearing and Resolution

ITEM DESCRIPTION

Approve Change of Zoning Designation from IL (Light Industrial) to BGH (Heavy General Business District) for Lots 1, 2, 3, 4, 5, 6 & 7 Lakeview South and Lots 1 & 2 Lakeview South Replat 1; Applicant: Sarpy County Planning & Building Department.

SPEAKER

Bruce Fountain, Planning Director 593-1555 SUMMARY AND BACKGROUND

see Recommendation Report STAFF RECOMMENDATION

Approval. FISCAL IMPACT Fiscal Year

n/a

Total County cost of project: n/a

Is Item in current year budget? ☐ Yes ☐ No

Does this item commit the County to future expenses beyond this amount? ☐ Yes ☐ No

ATTACHMENTS

R2019-183 - CZ Lakeview South - Pending

2019-07-09 Resolution Sarpy County CZ from IL to BGH 144th & I-80 7-9-2019 CB DR Affidavit

Submitted by: Kelly Jeck, Planning Administrative Specialist 593-2315 ☐ Legal review completed

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Resolution No. R2019-183 - CZ Lakeview South

Resolution No. R2019-183

BOARD OF COMMISSIONERS SARPY COUNTY, NEBRASKA

Change of Zoning Designation from IL (Light Industrial) to BGH

(Heavy General Business District) for Lots 1, 2, 3, 4, 5, 6 & 7 Lakeview

South and Lots 1 & 2 Lakeview South Replat 1 (Applicant: Sarpy

County Planning Department)

WHEREAS, pursuant to Neb. Rev. Stat. § 23-104, the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; and,

WHEREAS, pursuant to Neb. Rev. Stat. § 23-103, the powers of the County as a body are exercised by the County Board; and,

WHEREAS, the County Board of Commissioners has the authority to adopt a Zoning Regulation, which shall have the force and effect of law pursuant to Neb. Rev. Stat.' 23-114; and,

WHEREAS, said Zoning Regulations require the County Board of Commissioners to approve Change of Zone Applications; and,

WHEREAS, the Sarpy County Planning Department staff has reviewed the application for a Change of Zonefrom IL (Light Industrial) to BGH (Heavy General Business District), for compliance with the Sarpy County Comprehensive Plan and the Sarpy County Zoning Regulations on the properties generally located at the northwest corner of 144th Street and Interstate 80 and legally described as follows, hereinafter “the Property”:

LOTS 1, 2, 3, 4, 5, 6 & 7 LAKEVIEW SOUTH AND LOTS 1 & 2 LAKEVIEW SOUTH REPLAT 1, SARPY COUNTY, NEBRASKA.

NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF COMMISSIONERS that this Board makes the following findings of fact:

I. A public hearing regarding the Change of Zoning Application was held before the Sarpy County Planning Commission on June 18, 2019 and further, the Planning Commission gave their recommendation.

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Resolution No. R2019-183 - CZ Lakeview South

III. Notice of each of the Public Hearings described above was published at least ten (10) days prior to each respective public hearing and the proof of publication has been filed in the Office of the Sarpy County Clerk.

IV. The Planning Department staff made a recommendation as noted in the attached Exhibit “A”, which includes the Planning Department Report.

V. The Change of Zoning Application is in compliance with the Comprehensive Development Plan.

FURTHER BE IT RESOLVED THAT this Board in light of the above recited findings of fact, after due deliberation and consideration, approves the change of zone from IL (Light Industrial) to BGH (Heavy General Business District) on the Property legally described above, consistent with the proposed lot designations described herein and in the Planning Department report. The above Resolution was approved by a vote of the Sarpy County Board of

Commissioners at a public meeting duly held in accordance with the applicable law on the day of

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Sarpy County Board of Commissioners Exhibit “A”

Planning Department Report

County Board Meeting Date: July 9, 2019

I. GENERAL INFORMATION A. APPLICANT:

Sarpy County Planning & Building Department 1210 Golden Gate Drive

Papillion, NE 68046

B. PROPERTY OWNER:

A list of the five (5) property owners is included in the Property Owner and Project Information Sheet (attached).

C. SUBJECT PROPERTY LOCATION: Subject properties are located at the northwest corner 144th_{Street and Interstate 80.}

D. LEGAL DESCRIPTION: LOTS 1, 2, 3, 4, 5, 6 & 7 LAKEVIEW SOUTH AND LOTS 1 & 2 LAKEVIEW SOUTH REPLAT 1

E. SUBJECT PROPERTY SIZE: approximately 11.27 acres

F. EXISTING FUTURE LAND USE AND ZONING DESIGNATIONS:

 Future Land Use Designation: General Commercial

 Zoning: IL (Light Industrial).

G. REQUESTED ACTION(S): Approval of a Change of Zone from IL (Light Industrial District) to BGH (Heavy General Business District).

Sarpy County is proactively proposing this change of zone because of a recent request to make improvements to one of these properties where such improvements are not permitted as the proposed use is not allowed in an IL (Light Industrial) zoning district. The proposed rezoning to BGH (Heavy General Business) will make the zoning classification consistent with the existing land use activity on this property as well as the others.

The BGH (Heavy General Business, Section 21 of Sarpy County Zoning

Regulations), zoning classification is more appropriate for commercial corridors allowing such uses as automotive sales, rental and service, convenience stores with fuel sales, motels and hotels, restaurants and drinking establishments, including drive-ins, service stations and truck stops. The proposed rezoning will not restrict the existing use of these properties.

Subject Type By

Approval of a Change of Zone Application from IL (Light Industrial) to BGH (Heavy General Business) for LOTS 1, 2, 3, 4, 5, 6 & 7 LAKEVIEW SOUTH AND LOTS 1 & 2 LAKEVIEW SOUTH REPLAT 1

Public Hearing & Resolution

Bruce Fountain, AICP, MPA Director, Planning & Building

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II. BACKGROUND INFORMATION

A. EXISTING CONDITION OF SITE: The site of the proposed change of zone consists of five adjacent parcels located along 145th Street including the following businesses: Baxter Ford, Red Carpet Inn, Hardee’s, Anderson Convenience Market, and Econo Lodge Inn and Suites. A map showing these properties is attached.

B. GENERAL VICINITY – FUTURE LAND USE (FLU) AND CURRENT ZONING (CZ)

DIRECTION FROM SUBJECT PROPERTY FUTURE LAND USE DESIGNATION (reference attached map)

CURRENT ZONING DESIGNATION

(reference attached map) SURROUNDING DEVELOPMENT

NORTH Commercial

La Vista ETJ

C-2

La Vista ETJ Commercial office

SOUTH Light Industrial IL Outdoor equipment sales/

Truck Stop/Interstate 80

EAST General

Commercial BGH/BG

Convenience store/Fast food restaurants/Auto auction yard

WEST Light Industrial IL Concrete company/Equipment

storage/Auto storage & sales

BG = General Business

BGH = Heavy General Business IL = Light Industrial

C-2 = General Commercial

C. RELEVANT CASE INFORMATION:

 The County has initiated this rezoning request because of a recent business owners’ request to make improvements to one of these properties where such improvements are not permitted as the proposed use is not allowed in an IL (Light Industrial) zoning district. This brought the non-conformity of the area to staff’s attention.

 The zoning change is being proposed to eliminate the non-conforming use for these parcels. Currently, per Section 4.4.3 of the Sarpy County Zoning Regulations, if any non-conforming use of a building or structure is destroyed or damaged by any means to the extent exceeding 50 percent of the building or structure, it shall not be reconstructed and shall be removed if the cost to reconstruct is more than 50 per cent of the market value of the structure before the damage occurred. Any future uses would then have to be in conformance with the current IL zoning.

 The proposed rezoning to BGH (Heavy General Business) would make the zoning classification consistent with the existing land use activity on these parcels.

 All current property owners affected by this change were notified by certified mail of the proposed rezoning.

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III. APPLICABLE REGULATIONS

A. SARPY COUNTY COMPREHENSIVE PLAN CHAPTER 3: Land Use & Growth Management

 Future Land Use – Map 12 Future Land Use Map classifies these properties as General Commercial. The General Commercial land use district is intended to accommodate a wide variety of commercial uses at various locations throughout the county. The designated areas are intended to be near existing municipalities, at major intersections of interstates, highways and/or arterial roads.

 Zoning districts associated with the General Commercial land use designation include:

– BG - General Business District

– BGH – Heavy General Business District

 Future Land Use – Growth Management – Map 13 Growth Management Zones

designates this site as being within the Urban Development Zone. The Urban Development Zone is intended to provide opportunity for immediate investment and development.

CHAPTER 4 – Infrastructure

 The site is located in an area where public utilities are available.

CHAPTER 5 – Transportation

 Federal Roadway Functional Classification – Map 17 Sarpy County Federal Roadway Functional Classification identifies 144th_{Street as an “Other Principal} Arterial.”

 Existing street infrastructure serves the businesses on the parcels proposed for rezoning. No improvements are required.

B. SARPY COUNTY ZONING REGULATIONS:

 Section 21, BGH (Heavy General Business District)

The existing uses of the subject properties are in conformance with the requirements of the BGH Zoning District.

C. OTHER AGENCY REVIEW/COMMENTS: The applications were sent to various jurisdictional agencies and departments within Sarpy County that may have an interest.

City of La Vista commented: The City has no objections to the proposed rezoning. The proposed BGH zoning more effectively matches the uses that are currently in place along this strip of parcels and the zoning provides a buffer between Hwy 50 and the heavier industrial uses to the west. Additionally, Lot 1 Lakeview South II Replat I in La Vista’s jurisdiction is zoned C-2 General Commercial, rather than an industrial zoning type, and is abutting this string of parcels.

No other comments have been received at the time of this report.

D. GENERAL COMMENTS:

 Change of Zone

- Proposed zoning of BGH (Heavy General Business) is compatible with the General Commercial land use designation in the Comprehensive Plan.

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IV. STAFF COMMENTS AND RECOMMENDATION

Staff recommends APPROVAL of the Change of Zone from IL (Light Industrial) to BGH (Heavy General Business) on Lots 1, 2, 3, 4, 5, 6 & 7 Lakeview South and Lots 1 & 2 Lakeview South Replat 1 as the request meets the requirements of the Sarpy County Comprehensive Plan and Zoning Regulations.

V. PLANNING COMMISSION RECOMMENDATION

The Planning Commission held a public hearing on June 18, 2019 and recommended approval of this change of zone application.

MOTION: Lichter moved, seconded by Whitfield to recommend APPROVAL of the Change of Zone from IL (Light Industrial) to BGH (Heavy General Business) on Lots 1, 2, 3, 4, 5, 6 & 7 Lakeview South and Lots 1 & 2 Lakeview South Replat 1 as the request meets the requirements of the Sarpy County Comprehensive Plan and Zoning Regulations. Ballot: Ayes – George, Whitfield, Ackley, Huddleston, Giff, Korth, Malmquist and Lichter. Nays: Abstain: None. Absent: Torczon, Davis and Sotak. Motion carried.

VI. ATTACHMENTS TO REPORT:

1. Property Owner and Project Information Sheet 2. Comments received

- City of La Vista - Ray Anderson

3. Vicinity Map - Current Zoning (showing subject property area)

4. Future Land Use Map of the Sarpy County Comprehensive Plan (showing subject property area)

VII. COPIES OF REPORT SENT TO:

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PROPERTY OWNER AND PROJECT INFORMATION SHEET

ZONE CHANGE APPLICATION AT OR NEAR 145TH ST & CORNHUSKER RD.

ADDRESS ADDRESS ADDRESS ADDRESS ADDRESS

9203 S 145TH ST 9305 S 145TH ST 9407 S 145TH ST 9501 S 145TH ST 9595 S 145TH ST

USE USE USE USE USE

BAXTER FORD SOUTH RED CARPET INN HARDEE'S ANDERSON CONVENIENCE MARKET ECONO LODGE & SUITES

PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER PROPERTY OWNER

EKC ENTERPRISES OF OMAHA MAHARAJ BAPA LLC 4G PROPERTIES LLC ANDERSON BROTHERS AMOCO INC JAI BAPA LLC

7310 E KELLOGG 2427 N 187TH AVE 10703 BARKLEY 15410 W CENTER RD 9595 S 145TH ST

WICHITA, KS 67207 ELKHORN, NE 68022 OVERLAND PARK, KS 66211 OMAHA, NE 68144 OMAHA, NE 68138

ASSESSORS PARCEL NUMBER ASSESSORS PARCEL NUMBER ASSESSORS PARCEL NUMBER ASSESSORS PARCEL NUMBER ASSESSORS PARCEL NUMBER

11122854 11122897 1122900 11122919 11254777

LEGAL DESCRIPTION LEGAL DESCRIPTION LEGAL DESCRIPTION LEGAL DESCRIPTION LEGAL DESCRIPTION

LOTS 1, 2, 3 & 4 LAKEVIEW SOUTH LOT 5 LAKEVIEW SOUTH LOT 6 LAKEVIEW SOUTH LOT 7 LAKEVIEW SOUTH LOTS 1 & 2 LAKEVIEW SOUTH REPLAT 1

SIZE SIZE SIZE SIZE SIZE

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From: Christopher Solberg

To: Steve Miller

Cc: Bruce Fountain

Subject: RE: Sarpy County initiated rezoning adjacent to your City near I-80 and 144th St./Highway 50

Date: Friday, June 7, 2019 9:16:19 AM

**This message has originated from an External Source. Please use good judgment and caution when opening attachments, clicking links, or responding to this email.**

Use the "Phish Alert" button if you think this email is malicious.

Steve,

My apologies for the delay in my response to this inquiry. The City has no objections to the proposed rezoning. The proposed BGH zoning more effectively matches the uses that are currently in place along this strip of parcels and the zoning provides a buffer between Hwy 50 and the heavier industrial uses to the west. Additionally, Lot 1 Lakeview South II Replat I in La Vista’s jurisdiction is zoned C-2 General Commercial, rather than an industrial zoning type, and is abutting this string of parcels.

Thank you for requesting the City’s input on this proposed rezoning. Regards,

Christopher A. Solberg, AICP

Senior Planner

City of La Vista

From: Steve Miller

Sent: Tuesday, May 21, 2019 4:02 PM

To: Christopher Solberg

Cc: Bruce Fountain

Subject: Sarpy County initiated rezoning adjacent to your City near I-80 and 144th St./Highway 50 Dear Chris,

This is Steve Miller, a planning consultant working on behalf of the Sarpy County Planning Department, under the direction of Bruce Fountain, Planning and Building Director. I’m emailing to notify you that Sarpy County proposes to rezone the parcels referenced below from IL – Light Industrial – to BGH – Heavy General Business. Copies of Sections 21 (Heavy General Business District) and 22 (Light Industrial District) of the Sarpy County Zoning Regulations are attached.

RE: Proposed rezoning of parcels located at 9203 S 145th St

9305 S 145th St 9407 S 145th St

9501 S 145th St 9595 S 145th St

This zoning change, near 145th St. and Cornhusker Road by the I-80 interchange, include the following businesses: Baxter Ford, Red Carpet Inn, Hardee’s, Anderson Convenience Market, and Econo Lodge Inn and Suites. A map showing these properties and property owner and parcel information is attached. This proposal is being initiated because of a recent request to

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make improvements to one of these properties and these improvements are not permitted as the proposed use is not allowed in an IL (Light Industrial) zoning district.

The proposed rezoning to BGH (Heavy General Business) will make the zoning classification of these parcels consistent with the existing land use activity on the parcels and consistent with the zoning classification on parcels located east, across 144th Street/Highway 50 that have general business land uses too. The BGH (Heavy General Business) zoning classification is more appropriate for commercial corridors.

The optimal outcome for these parcels resulting from the proposed zoning change is that the non-conforming use status will be eliminated. Currently, per Section 4.4.3 of the Sarpy County Zoning Regulations, if any non-conforming use of a building or structure is destroyed or

damaged by any means to the extent exceeding 50 percent of the building or structure, it shall not be reconstructed and shall be removed if the cost to reconstruct is more than 50 per cent of the market value of the structure before the damage occurred. A copy of Section 4 (Non-Conforming Uses) is attached.

A public hearing for the proposed zoning change is tentatively scheduled before the Sarpy County Planning Commission for June 18, 2019 at 7:00 PM at the Sarpy County Courthouse in Papillion, Nebraska. If you have questions or if you would like to meet with Bruce or me, please contact me at your earliest convenience at smiller@sarpy.com or at (402) 525-4848. Best regards,

On behalf of the Sarpy County Planning Department Steve Miller, AICP

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From: Steve Miller

To: Bruce Fountain

Subject: FW: Additional Information Request

Date: Thursday, June 13, 2019 4:21:19 PM

Attachments: image004.png

FYI. This is the only comment I have received so far.

Steve

From: Ray Anderson III [mailto:ray@anderson1952.com] Sent: Wednesday, June 12, 2019 1:22 PM

To: Steve Miller

Subject: RE: Additional Information Request

**This message has originated from an External Source. Please use good judgment and caution when opening

attachments, clicking links, or responding to this email.**

Thank you Steve, very helpful. Ray From: Steve Miller <smiller@sarpy.com> Sent: Wednesday, June 12, 2019 10:38 AM To: Ray Anderson III <ray@anderson1952.com> Cc: Ray Anderson Sr <randerson@anderson1952.com>; Bruce Fountain <bfountain@sarpy.com> Subject: RE: Additional Information Request Hi Ray, Thank you for the email. The owner of the Red Carpet Inn at 9305 S. 145th St. requested a building permit to remodel one hotel room unit into a manager’s apartment. Hotels and motels are not permitted uses under the current Light Industrial District zoning classification. As a result, the permit cannot be issued. When the building permit application was requested, the Sarpy County Planning and Building Department became aware that five (5) of the businesses along 145th St. are legal, non-conforming uses that are not permitted within the existing Light Industrial District. I attached a copy for reference. As a result, the Sarpy County Planning and Building Department is requesting the change of zone to Heavy General Business (a copy is attached for reference) so that all of the businesses will be located within an appropriate zoning district and will become permitted uses. I hope this explanation is helpful. If you have more questions, please email or call. Best regards,

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Steve Miller, AICP

On Behalf of the Sarpy County Planning and Building Department smiller@sarpy.com

402.525.4848

From: Ray Anderson III [mailto:ray@anderson1952.com] Sent: Wednesday, June 12, 2019 7:28 AM

To: Steve Miller Cc: Ray Anderson Sr

Subject: Additional Information Request

**This message has originated from an External Source. Please use good judgment and caution when opening

attachments, clicking links, or responding to this email.**

Steve: Thank you for the May 22, 2019 update on the proposed rezoning of parcels near Lakeview South near 144th & I-80. We own and operate 9501 S. 145th, Anderson Convenience Market/Phillips 66. May we ask what property is seeking this amendment, and what the intended use is for that is currently not allowed under current zoning? Thank you. Ray Anderson III 402.415.4540

Raymond D. Anderson III President

R.A. INC.

15410 West Center Road Omaha, NE 68144 402.891.6300 Ext 14

Anderson Convenience Market www.Anderson1952.com

Anderson AutoCare www.AndersonAutoCare.com E-Mail: Ray@Anderson1952.com

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https://www.linkedin.com/in/rayandersoniii/

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Land Use Planning Agriculture Residential Estates

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Parks, Recreation, and Open Space

Future Land Use Sarpy County, Nebraska Legend Amended 9-12-2017 9203 S 145th Street – Lots 1, 2, 3 & 4 Lakeview South 9305 S 145th Street – Lot 5 Lakeview South 9407 S 145th Street – Lot 6 Lakeview South 9501 S 145th Street – Lot 7 Lakeview South 9595 S 145th Street – Lots 1 & 2 Lakeview South Replat 1 Change of Zone from IL to BGH Subject Properties Outlined in blue (General Commercial) 9203 S 145TH ST 9305 S 145TH ST 9407 S 145TH ST 9501 S 145TH ST 9595 S 145TH ST