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I i I. al I 11 1 i rs 11. r j.'I:,:: sA A +'+A1 `� of : � ,-1 .1',J y,i x _ I n,}, t i +ry s -t '' PARK 120 OAK HILLS 1„ _:„ l Height: Exterior Materials List; ■ Will Not Exceed 75'Zoning Windows=Vinyl `----" Requirement Doors=Vinyl N E I L Roof=Asphalt Shingles Walls=Board and Batten Siding Cement Board Horizontal Lap Siding COMPANY BUILDERS Stucatto Siding Brick Veneer with Stone Accents Roof Awnings=Color Clad Metal Exhibit"B" Conditions: 1. Compliance with the proposed site plan. 2. Compliance with the proposed landscape plan. 3. Compliance with the proposed concept elevations. 4. Compliance with all other applicable codes and regulations. P1n2254tg C-25A CITY OF OMAHA LEGISLATIVE CHAMBER June 24, 2014 Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Section 55-884 of the Omaha Municipal Code,provides for the grantii}g of a Special Use Permit; and, WHEREAS, an application has been submitted by McNeil Company Builders for a Large Project Special Use Permit in a CC-Community Commercial District, for property located at 5505 South 120th Street, Omaha,Nebraska; and, WHEREAS,the City Planning Board has recommended that said permit be granted pursuant to the application,a copy of which is attached hereto as Exhibit"A"and made a part hereof by this reference,and the conditions set out in Exhibit"B"attached hereto and made a part hereof by this reference. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Special Use Permit application submitted by McNeil Company Builders for a Large Project Special Use Permit in a CC-Community Commercial District, for property located at 5505 South 120th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor,provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. BE IT FURTHER RESOLVED: THAT, the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code. APPROVED AS TO F -9/5/ CITY ATTORNEY DATE Pln2253tg By � r Councilmember Adopted JUL 5 2010 6j i' L.... , ,ea e g r/J,f 4 �' „opLcleam Ci Clerk ���, �-© Approv d.... �"� / / / ‘ Mayor Resolution by Res. that the Special Use Permit application submitted by McNeil Company Builders for a Large Project Special Use Permit in a CC- Community Commercial District for property located at 5505 South 120th Street, Omaha, , Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor, provided the conditions set out in Exhibit"A" of the above s referenced application, conditions set out in I 1 Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. That the proposed Special Use Permit has been reviewed and evaluated pursuant to, and meets each of,the criteria set forth in Section 55-885 of the Omaha Municipal Code. Pln2253tg Presented to City Council JUN ? 4 ?014 /- ' /f s L t.,lt'�.��:/L a/./.�f�,(.%'� . .y/.'// / ���Z�..1/I. 1 _a C._-/c Y{ �C�L'fa"t'! .d --� / f� 4 JUL 1 5 20t4 Adopted ,49_/tie k-�� , 2c 72,; gaiter grown City Clerk F° k, N'��9 ? F: i f '� - [� Planning Department � r u Omaha/Douglas Civic Center prep 1819 Farnam Street,Suite 1100 2 �, ) r' Omaha,Nebraska 68183 o^' a: b (402)444-5150 oR �_�� Telefax(402)444-6140 arFD FeB4�P James R.Thele City of Omaha ' '` '` Director Jean Stothert,Mayor June 24, 201.4 C8-14-060 Honorable President and Members of the City Council, The attached Resolution approves the request of McNeil Company Builders for a Large Project Special Use Permit in a CC-Community Commercial District for property located at 5505 South 120th Street. CASE DESCRIPTION: The purpose of the request is to allow construction of a multiple family residential development with two hundred and sixty-eight units (268) in nine (9) 2-4-story buildings that includes 134 one-bed, 116 two-bed and 16 three-bedroom units are proposed along with accessory surface/garage parking, clubhouse/pool and landscaped areas. DEPARTMENT RECOMMENDATION: Approval of the Large Project Special Use Permit to allow Multiple family residential in a CC District subject to the following being addressed prior to forwarding the request to the City Council: 1. Compliance with the proposed site plan. 2. Compliance with the proposed landscape plan. 3. Compliance with the proposed concept elevations. 4. Compliance with all other applicable codes and regulations. SUMMARY OF TESTIMONY: The Planning Board held a public hearing on this request June 4, 2014, May '7, 2014 and April 2, 2014. A full summary of the proceedings is attached. PLANNING BOARD RECOMMENDATION: Approval, as recommended by the Planning Department. 7-0. Respectfully submitted, Referred to City Council for Consideration: !< , k- 4/4/r y �.0".---J t CP/�(/r i-( -- arnes R. Thele Date Mayor's Office Date Planning Director P1n2251tg INTER-OFFICE COMMUNICATION City of Omaha,Nebraska Planning Department TO: Chairman and Members of the Planning Board FROM: James R.Thele Planning Director DATE: May 28,2014 SUBJECT: Large Project Special Use Permit to allow Multiple family residential in a CC District 5505 South 120th Street Case#C8-14-060 The Planning Board at their regular meeting May 7,2014,laid over the applicant's request. The applicant was directed by the Planning Board to either submit a plan that observes the existing easements of record and all other applicable regulations or to provide documentation that the abutting property owners to the north are all in agreement with the proposed plan. The applicant has stated that the abutting property owners to the north have given the go ahead to the most recent plan. The proposed site/landscape plan dated May 15,2014,complies with Chapter 55 Zoning of the Omaha Municipal Code,Section 55-885 review criteria and the Master Plan. The proposed concept building elevations and the proposed operating statement are acceptable. The proposed site/landscape plan dated May 15 2014,however,does include improvements within the 50 foot easement area along the north boundary of said lot. RECOMMENDATION: Approval of the Large Project Special Use Permit to allow Multiple family residential in a CC District subject to the following being addressed prior to forwarding the request to the City Council: 1. Compliance with the proposed site plan. 2. Compliance with the proposed landscape plan. 3. Compliance with the proposed concept elevations. 4. Compliance with all other applicable codes and regulations. ATTACHMENTS: Site plan Landscape plan Elevations CR OMAHA CITY PLANNING DEPARTMENT RECOMMENDATION REPORT February 26,2014 Case Number: #C8-14-060 Applicant: McNeil Company Builders Request: Approval of a Large Project Special Use Permit to allow Multiple family residential in a CC-Community Commercial District. Location: 5505 South 120th Street I. GENERAL INFORMATION: Purpose: The purpose of the request is to allow construction of a multiple family residential development. Existing Land Use:Vacant commercial Existing Zoning:CC Adjacent Land Use and Zoning: North Office CC South Golf course and single family residential DR and R3 East Interstate 80 West Single family residential R4(35) Future Land Use Plan Designation:The site is designated as existing office/commercial in the Future Land Use Element of the City's Master Plan. Redevelopment of the site for high density residential adjacent to office/commercial development would be in keeping with the Master Plan. Applicable Regulations: In the CC District Multiple family residential is an allowed use upon approval of a Conditional Use Permit. However,any project that includes 10 acres or more of land requires Planning Board and City Council approval of a Large Project Special Use Permit. In this case it would be redundant to require application for both a CUP and a Large Project SUP;so being the more restrictive of the two use permits the Large Project SUP was required(55-364,55-367 OMC). In the CC District Multiple family residential is required to comply with the site development regulations for the R7-Medium-Density Multiple Family Residential District(55-367 OMC). The interior side yard setbacks are determined by the building height. A minimum setback of 10 feet is required; and for each 10 feet over 45 feet of height requires an additional 2 foot setback added to the base 10 feet(55-246 OMC). The proposed site plan shows an 11 to 12 foot setback along the north property line;this would equate to buildings no taller than 45 to 55 feet. The applicant has indicated that the buildings will be 60 to 75 feet in height;according to information submitted. The maximum impervious coverage allowed would be 60% (55-246 OMC). The submitted information indicates 60% impervious coverage. A minimum of nine handicapped accessible parking stalls is required (55-738 OMC). The information submitted indicates that the nine stalls will be provided,however they need to be shown on the site plan. Section 55-787 OMC requires that storm shelters be provided. Information that indicates compliance with this section should be included on the site plan. CR Recommendation Report Case#C8-14-060 Page 2 The site is located within the Millard Airport zone. Prior to application for a building permit the applicant will be required to obtain FAA approval of the project. No Building Permit will be issued based on a site plan that does not comply with the provisions of the Zoning Ordinance. II. SPECIAL INFORMATION: Site Characteristics: The site includes just over 11 acres of vacant commercially zoned land. The topography of the site falls from the southwest to the northeast from 1160 m.s.l. to 1110 m.s.l. Development Proposal: The applicant proposes to develop the site as Multiple family residential. Two hundred and sixty-eight units in nine 2-4-story buildings that will include 132 one-bed,116 two-bed and 16 three-bedroom units are proposed along with accessory surface/garage parking, clubhouse/pool and landscaped areas. Construction is proposed to begin this summer with occupancy next summer. A full summary of the applicant's statement is attached for reference. Public Improvements: • Traffic and Circulation-Public Works has indicated that the proposed access on 120th Street will require public improvements to 120th Street to provide for a southbound left turn lane. • Sidewalks-The applicant should coordinate with the neighboring property owner on the north to construct a sidewalk connection to the existing sidewalk that leads to"Q" Street at 118th Street. Grading and Drainage: Development of the site will be required to comply with all applicable stormwater management ordinances and policies;including providing a no net increase in stormwater and treatment of the first 1/z inch of stormwater for water quality. Land Use and Planning: Multiple family residential is allowed upon approval of a use permit in the CC District subject to compliance with all applicable site development regulations and Section 55-885 review criteria. III. ANALYSIS: The Future Land Use Element of the City's Master Plan states that"Multi-family housing located adjacent to the office,commercial or civic portions of a community sized mixed use area will be limited to 500 units. The intersection of 120th and"L" Streets is classified as a Community 165 Mixed- use area. The applicant's site is adjacent to developed office portions of the mixed-use area. The Future Land Use Element also states that"The City will ensure that policies and programs are in place to create healthy and diverse neighborhoods and sure that Omahan's can find affordable housing throughout the city". It also states that"The City will establish practices and guidelines which ensure that Omahan's have access to all styles and types of housing in a multiple of market ranges, throughout the City." CR Recommendation Report Case#C8-14-060 Page 3 The proposed development can and will be required to comply with all the applicable base district development standards. The proposed development is consistent with Section 55-885 review criteria and is consistent with and carries out the goals and objectives of the City of Omaha Master Plan. The proposed use is an appropriate use of the land which will not adversely affect the neighborhood by causing congestion;endangering public safety;causing undue concentration of people;impeding the use of transportation,water,sewer,schools,parks or other public facilities;or,reducing the value of buildings. IV. RECOMMENDATION: Approval of the Large Project Special Use Permit to allow Multiple family residential in a CC District subject to the following being addressed prior to forwarding the request to the City Council: 1. Compliance with a revised site plan that complies with all applicable site development regulations. 2. Compliance with a revised landscape plan that complies with all applicable site development regulations. 3. Submittal of architectural elevations in compliance with the proposed concept elevations and all applicable site development regulations. 4. The applicant providing for a southbound left turn lane as indicated by the Public Works Department. 5. Providing an additional sidewalk connection to the north that meets the existing sidewalk leading to 118th and"Q" Streets. V. ATTACHMENTS Statement of use Site plan Landscape plan Concept building elevations Section 55-885 Review CR Project Review Case No: C8-14-060 Project Name: Location: 5505 South 120th St. Zoning: CC Site Plan Review/Mixed Use Date: 02/26/14 Conditional Use/Special Use Permit Reviewed By: CR CRITERIA GUIDELINES 1. Land Use Compatibility: a. Development Density Site area per unit, Floor Area Ratio, and/or Intensity Rating should be similar to surrounding uses if not separated by major manmade or natural features. COMMENTS: Acceptable. 2. Height and Scale: a. Height and Bulk Development should minimize differences in height and building size from surrounding structures. Substantial differences must be justified by urban design considerations. COMMENTS: Acceptable. Bufferyards have been provided. b. Setbacks Development should respect pre-existing setback lines in surrounding areas. Variations must be justified by significant site features or operating characteristics. COMMENTS: Acceptable. c. Building Coverage When possible, building coverage should be similar to that displayed in surrounding areas. Higher coverage should be mitigated by landscaping or other site amenities. COMMENTS: Acceptable. Landscaping and site amenities provided. 3. Site Development: a. Frontage Generally, a project's frontage along a street or private way should be similar to its lot width. b. Parking/ Internal Circulation 1. Parking and circulation should serve all structures with minimal vehicular and pedestrian conflicts. 2. All structures must be readily accessible to public safety vehicles. 3. Development must have access to adjacent public streets or private ways. Internal circulation should distribute traffic to minimize congestion at access points. COMMENTS: Acceptable, public improvement to 120th Street required. c. Landscaped Areas Landscaped areas should be planned as an integral part of the development, providing street landscaping and buffering, and dividing otherwise unbroken paved areas. Parts of a site with steep slopes, wooded areas, and natural drainageways should be preserved. COMMENTS:Acceptable with code compliance. CR 4. Building Design: Architectural design and building materials should be compatible with surrounding areas if located adjacent to landmark districts or in highly visible locations. COMMENTS: Acceptable. 5. Operating Characteristics: a. Traffic Capacity Projects should not materially reduce the existing level of service on adjacent streets. Projects will be required to make street improvements and/or dedicate right-of-way to mitigate negative effects. COMMENTS: Acceptable, public improvement to 120th Street required. b. External Traffic Effects Project design should direct non-residential traffic away from residential areas. COMMENTS: Acceptable. c. External Effects- Projects with long operating hours must minimize effects on surrounding residential areas. Operating Hours COMMENTS: Acceptable. d. Outside Storage If permitted, outside storage areas must be screened from adjacent streets and less intensive zoning districts and uses. COMMENTS: Not allowed. 6. Public Facilities: a. Sewage Disposal Developments within 500 feet of a public sanitary sewer must connect to the public sewer system. If permitted, individual systems must not adversely affect public health,safety,or welfare. COMMENTS: Connection required. b. Sanitary Sewer Capacity Sanitary sewer must have adequate capacity to serve development. COMMENTS: Acceptable. c. Storm Water Management 1. Development design should handle storm water without overloading or substantially diminishing capacity of public storm sewer system. 2. Development should not inhibit development of other properties. 3. Development should not increase probability or erosion, flooding, landslides, or other endangerment to surrounding properties. COMMENTS: Acceptable with compliance with all stormwater management policies and ordinances. d. Utilities Project must provide evidence of utility service to site. COMMENTS: Acceptable. 7. Comprehensive Plan: Projects should be consistent with the comprehensive plan of the City of Omaha and should minimize adverse economic effects on surrounding properties. COMMENTS: Project conforms to Master Plan. CR PLANNING BOARD MINUTES 2. C8-14-060 REQUEST: Approval of a Large Project Special Use McNeil Company Builders Permit to allow Multiple-family residential in a CC District(laid over from 05/07/14) LOCATION: 5505 South 120th Street At the Planning Board meeting held on June 4, 2014, Jim Boozer, 10250 Regency Cir., appeared before the Board on behalf of the applicant. Mr. Boozer stated that since the last Planning Board meeting, discussions held with adjacent property owners successfully resolved issues and that a revised site plan was submitted to the Department. John Fullenkamp, 11440 W. Center Rd. appeared before the Board. Mr. Fullenkamp stated that he represented adjacent property owners, Project Harmony and Oak Hills Country Club, and that both parties were in agreement with the terms of the revised site plan. He explained that Project Harmony agreed to modifications of the easement, with the conditions that the developer constructed the modifications and also shared future maintenance costs. He added that Project Harmony also agreed to minimizing the building to two stories, with no windows or doors on the north side of the building which faced their healing garden, and to the installation of berms, landscaping and fencing to shelter their healing garden from the proposed building. Mr. Fullenkamp then explained that Oak Hills Golf Course agreed to an increased setback of the building, recessed and screened decks, impact resistant building materials, no entrances, exits or sidewalks on the side facing the golf course, and landscaping and berms between the properties. He added that the location of the pool was moved to the northwest side of the property and that landscaping, berm and fencing would be installed to protect the pool from flying golf balls. He mentioned that the applicant agreed to include language in the tenant leases and from the owner of potential damage from golf balls and also agreed to clean up the existing fence from overgrown trees. Mr. Boozer stated that the applicant was in agreement with Mr. Fullenkamp's requests. Dave Fanslau, Acting Assistant Planning Director stated that the Department recommended approval of the request, subject to the four conditions on the recommendation report. Mr. Harding moved for approval of the Large Project Special Use Permit to allow Multiple family residential in a CC District subject to the following being addressed prior to forwarding the request to the City Council: 1) Compliance with the proposed site plan, 2) Compliance with the proposed landscape plan, 3) Compliance with the proposed concept elevations, and 4) Compliance with all other applicable codes and regulations. Mr. Hoich seconded the motion, which carried 4-0-1, with Mr. Nesbitt recusing. 6/14 PIn2251 tg(a) PLANNING BOARD MINUTES 8. C8-14-060 REQUEST: Approval of a Large Project Special Use McNeil Company Builders Permit to allow Multiple-family residential in a CC District(laid over from 04/02/14) LOCATION: 5505 South 120th Street At the Planning Board meeting held on May 7, 2014, Jim Boozer, 10250 Regency Cir., appeared before the Board on behalf of the applicant. Mr. Boozer stated that a meeting was held with interested parties regarding revisions to the project and that the applicant agreed to a layover. John Fullenkamp, 11440 W. Center Rd, appeared before the Board in opposition. Mr. Fullenkamp stated that he represented Project Harmony and Oak Hills Country Club and that acceptable revisions were discussed at a meeting today with the applicant. He also was agreeable to a layover. Vic Stanish, 11815 Oakair Plz., appeared before the Board in opposition. Mr. Stanish stated that he was a resident in the Saint Andrews Point neighborhood just south of the site and was concerned with the high density of the project. He also was agreeable to a layover. Dave Fanslau, Acting Assistant Planning Director, stated that the Department recommended to layover the request to discuss concerns. Mr. Hoich moved to layover the request for 60 days, 30 days if ready, to allow the applicant additional time to either provide a site/landscape plan that complies with all applicable regulations and honors the easements of record; or the easements of record issue being resolved prior to the proposed plans being placed back on the Planning Board agenda for further action. Ms. Nubel seconded the motion, which carried 5-0, with Mr. Nesbitt recusing. 5/14 PIn2251tg(b) PLANNING BOARD MINUTES 8. C8-14-060 REQUEST: Approval of a Large Project Special Use McNeil Company Builders Permit to allow Multiple-family residential in a CC District(laid over from 03/05/14) LOCATION: 5505 South 120th Street At the Planning Board meeting held on April 2, 2014, Jim Boozer, 10250 Regency Parkway, appeared before the Board on behalf of the applicant. Also in attendance were Patrick McNeil and Deb Sand with McNeil Company Builders; John Coolidge and Regan Pence with Lamp, Rynearson &Associates; Randy Lenhoff is the Property Manager. Mr. Boozer presented the site plan to the Board. He explained that the project consists of 9 buildings with a total of 268-units. One of the proposed buildings along the golf course will be 4 stories; the rest are three stories, with the exception of the clubhouse which is 2 stories. He showed the locations of the buildings. He briefly discussed Mr. McNeil's experience as a builder of several Class A apartment buildings in the City of Omaha. With regards to density, he noted that the previously submitted plan included 296 units. At the request of the Planning Department, the plans were revised and the number of units was reduced to 268. The Special Use Permit allows R7 regulations to apply to this district which is zoned CC (Community Commercial District). He explained that the R7 site development regulations allow up to 43 units per acre, which equates to 481 units. As proposed, the plan show 24 units per acre which below what is allowed. Mr. Boozer stated that after a neighborhood meeting, many of the commercial neighbors expressed that they did not agree with how traffic would be directed to 120th Street. As a result, the ingress/egress point was relocated further to the south of the site. Individuals from Project Harmony and Centris Federal Credit Union stated at another meeting that they did not agree with the revised plan for traffic flow through the site. They felt that there would be issues with employees who use the light at 120th Street to exit the area. Consequently, the plans were changed to reflect an entrance at 118th Street. He stated that Mr. McNeil has repeatedly met with individuals from WRK Systems, Inc. to work out some parking issues they currently have. He further added that Centris and WRK are in full support of the site plan, the ingress/egress easement agreement, and the project. Mr. Boozer mentioned the great respect that he and the applicant have for Project Harmony and the services they provide for the community. Gene Klein, Exectuive Director — Project Harmony, appeared in opposition to the request. He briefly explained the purpose and mission of the organization, which provides services to children are the victims of abuse. He stated that currently there are over 200 professionals that work out of the facility which is located near 120th & Q. He explained the reasons why the location was ideal for the facility. He described the project as being an invasive type of development which would allow over 500 people to live in apartments within feet of Project Harmony. He felt that the project as planned is overbuilt with little regard for the respect and privacy of the children and families being served. There would also be a need for more security due to the number of surrounding residents. He stated that the project as proposed does not need to be as large, dense, or as close to be considered for multi-family use. Harvey Cooper, 8712 West Dodge Road — Project Harmony Board member, appeared in opposition to the request. He submitted copies of the easement documents to Dave Fanslau (Assistant Planning Director — City of Omaha, and members of the Board. He spoke mainly about the easement issue. He explained that there is an east/west easement that goes from 120th Street to the adjoining lots to the east, including Lot 3 and Lot 1 which is the location of the proposed project. He explained that the applicant plans to build in the easement which is not allowed unless all parties consent; Project Harmony does not consent to that plan. He presented several documents which included the initial plat and an agreement between Harry Koch and Center Associates. The easement agreemtn, which benefits Lots 1 — 3, states that there is to be nor parking or obstruction permitted in the roadways so as not to inhibit the free flow of traffic. He concluded that the applicant should not be permitted to construct in an easement when it has been clearly stated that they cannot. He referred to a recent proposal from the applicant for a new easement. Under this agreement the property owners would give up their current easement rights, they would be assessed by the owners of Lot 1 for maintenance of the easement, and they would give a temporary 10' construction easement to the south. He added that the current warranty deeds do not require assessments to property owners for upkeep since it is the sole responsibility of each lot owner. He further explained that the temporary construction easement would be really close to the property line and would almost touch the healing garden that is part of the Project Harmony facility. Jim Jansen, 10519 Madison Street — Project Harmony Board member, appeared in opposition to the request. Mr. Jansen pointed out that the Master Plan states that projects must be compatible with the neighborhood in which they would be built. He stated that originally, the plans for Lot 1 was that it would be an office complex that would be located an acceptable distance from the Project Harmony facility. He related various examples of the density of new and established complexes that have been built by the applicant and the Seldin Company: Harrison Hills (17 units/acre); Pedcor properties (10 unites/acre); Montclair apartments (21 units/acre); Westport Apartments (17 units/acre); and Tuscany Place (15 units /acre). He noted that the applicant is proposing to build with 25 units/acre, but the 15' easement takes away approximately 1 acre of usable space. This would result in 268 units on 10 acres or 26 units per acre. He suggested that the request be denied as submitted or be modified so that it is similar to the density of the complexes he mentioned. Neil Morien, 12009 Jefferson Plaza, President - Board of Directors - Oak Hills Country Club. The club, which abuts the proposed development, opposes the project as presented because the scale, mass and density is out of character with other West Omaha apartment complexes. He added that it would present a safety risk to its renters since the building and pool would be located within 30' of the golf course. He felt that an additional 60' to 90' clearance zone would be appropriate. He also requested that the Board require that the complex owners assume liability for any damage to property or lives and that the renters' lease should acknowledge that they understand they are living near a golf course and that they assume liability for damage to their property and that of their guests. He concluded that, as proposed, the project is not the right scale or design for the property. Steve Andersen, 6244 Oak Hills Plaza, appeared in opposition to the request. He stated that there are currently traffic issues in the area and that if the proposed density were added, it would be even more difficult to enter and exit the neighborhood. Doug Quinn, 5918 South 118th Plaza, Board of Directors—St. Andrew's Pointe, appeared in opposition to the request. He felt that the applicant should be sensitive to the concerns of Project Harmony. He expressed concern with the density of the project and speeding along 120th Street. He also anticipates a left turn issue at 120th& Q. In response to the issues raised by the opposition, Mr. Boozer stated that the Multi-Family Use is a better use than other potential uses that could be allowed on the site. He noted that the density of the project is in line with with regulations. With regards to the easement issue, he referred to the warranty deeds which states that the easement space on the west side is actually 50'. There is also a 120' easement that runs north to south. He stated that there are some innacuracies in the documents. He stated that both Centris and WRK have inidicated that they would be willing to waive their easement rights to the left; he felt that something could be worked out with Project Harmony. He further stated that the applicant would be willing to modify the site plan out of respect for the easement rights of their future neighbors; however it would be better to work on a solution that would benefit all parties involved. Pat McNeil, 4666 South 132nd Street, appeared before the Board. He expressed his desire to create a responsible project that would benefit the City. He explained the reasons for the density of the previously mentioned apartment projects, noting that many were within a normal range. He stated that, as propsed, the units that are adequately spaced and would have the necessary parking. He stated that only one of the buildings would face the golf course and that the porches on that side will be screened in. Randy Lenhoff, CEO — Seldin Company, 16306 Valley Street, mentioned that he has worked with the applicant on other projects that originally had the same concerns at the proposed complex. He explained that, because of the pricing of the apartments, many of the residents of the complexes are empty-nesters. He stated that he would work with the neighbors and make every attempt to be a good neighbor. Ryan Hass, Public Works, stated that Public Works evaluated the signal timing and operations at 120th & Q. It was determined that, based on the site plan, a traffic study was not necessary since the existing reserve capacity could handle what is being proposed for the site. There was some discussion about easement widths and condition, the proposed agreement, and the proximity of one of the building to the Project Harmony property. Mr. Cooper stated that he would be agreeable to working with the applicant to come to acceptable solutions for these issues. In response to Ms. Nubel, Mr. Jansen stated that Project Harmony is concerned with the proximity of the proposed road and traffic to the healing garden. He added that perhaps landscaping or the addition of a burro could be added as a buffer between the two. He felt that there should be a compromise as to the location of the buildings, preferably farther away from their site. Mr. McNeil addressed some of the issues and stated that he would be agreeable to adding whatever landscaping was necessary to maintain the privacy of the healing garden location. He added that the buildings could be repositioned, although he felt it would affect the quality of the project. Mr. Morien suggested that landscaping be added near the pool to preven golf balls from hitting people. He felt that, even with screening, the property owners and renters should still be required to resume the liability for damage to themselves and their property. Dave Fanslau, Acting Assistant Director, stated that the Planning Department supports the project and recommends approval of the request. He explained that it meets the intent of the Master Plan and also zoning code requirements with regards to density. He further explained that since the site is over 10 acres, a Large Project Special Use Permit is required. He noted that the number of proposed units for the site are fewer that what is allowed. He stated that the Department had very recently received a plan that showed nothing in the easement for Lot 1, but that there was no chance to review it to ensure it meets code. He stated that a layover would allow time for the Department to review the plan. He advised that the site plan would need to be agreed upon by all parties involved before the case went before City Council. Mr. Boozer stated that he preferred that no conditions be added for approval before the case went to City Council, since it could result in a larger delay. He explained that if an agreement could not be reached with Project Harmony, a revised site plan would be submitted. Mr. Harding moved to layover for 30 days. Ms. Nubel seconded the motion, which carried 4-0-1, with Mr. Deeb absent. 4/14 PIn2251 tg(c) 2 CASE: C8-14-060 APPLICANT: McNeil Company Builders REQUEST Approval of a Large Project Special Use Permit to allow Multiple-family residential in a CC District (laid over from 05/07/14) LOCATION: 5505 South 120th Street SUBJECT AREA IS SHADED - JUNE 2014 -11ci7111 116:(3 ch Q St LO III 1001 I 7 7 -- ,: ' ' ' ,-..--,-4-:, ' 1 " ' J i all 1 ir IIIIIr 1 r ......,-...-...,_ .4 DR ■ ■ ■ ■ ■ 0� ' 118-thp�z • • id Alt MI Vic' ■ i I DR .ill illi ' �' .1 , N • 0 800 PLANING•ONIA" Feet No. 7t3 Planning Board and Planning Department recommend approval of the request of McNeil Company Builders for a Large Project Special Use Permit in a CC- Community Commercial District for property located at 5505 South 120th Street. Pln2252tg RECEIVED Presented to Council: L2.4.201 -L e JUL 1 5 2014- Avin on Buster Brown City Clerk PLANNING BOARD MINUTES 2. C8-14-060 REQUEST: Approval of a Large Project Special Use McNeil Company Builders Permit to allow Multiple-family residential in a CC District(laid over from 05/07/14) LOCATION: , 5505 South 120th Street At the Planning Board meeting held on June 4, 2014, Jim Boozer, 10250 Regency Cir., appeared before the Board on behalf of the applicant. Mr. Boozer stated that since the last Planning Board meeting, discussions held with adjacent property owners successfully resolved issues and that a revised site plan was submitted to the Department. John Fullenkamp, 11440 W. Center Rd. appeared before the Board. Mr. Fullenkamp stated that he represented adjacent property owners, Project Harmony and Oak Hills Country Club, and that both parties were in agreement with the terms of the revised site plan. He explained that Project Harmony agreed to modifications of the easement, with the conditions that the developer constructed the modifications and also shared future maintenance costs. He added that Project Harmony also agreed to minimizing the building to two stories, with no windows or doors on the north side of the building which faced their healing garden, and to the installation of berms, landscaping and fencing to shelter their healing garden from the proposed building. Mr. Fullenkamp then explained that Oak Hills Golf Course agreed to an increased setback of the building, recessed and screened decks, impact resistant building materials, no entrances, exits or sidewalks on the side facing the golf course, and landscaping and berms between the properties. He added that the location of the pool was moved to the northwest side of the property and that landscaping, berm and fencing would be installed to protect the pool from flying golf balls. He mentioned that the applicant agreed to include language in the tenant leases and from the owner of potential damage from golf balls and also agreed to clean up the existing fence from overgrown trees. Mr. Boozer stated that the applicant was in agreement with Mr. Fullenkamp's requests. Dave Fanslau, Acting Assistant Planning Director stated that the Department recommended approval of the request, subject to the four conditions on the recommendation report. • Mr. Harding,moved for approval of the Large Project Special Use Permit to allow Multiple family residential in a CC District subject to the following being addressed prior to forwarding the request to the City Council: 1) Compliance with the proposed site plan, 2) Compliance with the proposed landscape plan, 3) Compliance with the proposed concept elevations, and 4) Compliance with all other applicable codes and regulations. Mr. Hoich seconded the motion, which carried 4-0-1, with Mr. Nesbitt recusing. 6/14 • • Pln2251tg(a) m TH q ma •. - -: ; arcs 97 ..2�. aa oe�ND,UNFTNLY �_mcoz_ a a"_ t M dY ' ; ,' ---_ — .. ',ix .., � ,..�«-e .- ' _ ac� Ga }w�e.+ra.n. �C 3 STORY Ianiiiii 3 STORY m-- lit ... x II I ® 0 3 .¢ 3 e�vors�. 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Q D1 E r i ri I ii i$ 2g .. > ,, C T r Y! a I ,. i ., , r(7/LOn, , No. 783 Document submitted by John Fullenkamp, Attorney representing Project Harmony and Oak Hills Country Club, re: the Resolution to approve the request of McNeil Company Builders for a Large Project Special Use Permit in a CC District for property located at 5505 South 120th Street. p: RECEIVED Presented to Council: July 15, 2014—From Chair on File Buster Brown City Clerk "NOTICE OF HEARING FOR A SPECIAL THE DAILY RECORD USE PERMIT FOR AILARGE PROJECT SPECIAL USE PERMIT IN A CC- COMMUNITY COMER IAL DISTRICT" OF OM1r��A-H - Application by McNeil ompany Builders,requesting issuance of a for a Large Project Speci pedalI Use Use ermiter a LYNDA K. HENNINGSEN, Publisher CC Community Commerci I District, located at 5505 South 120'" S eet, and legally PROOF OF PUBLICATION described as: BL PLAZA 120 LOT 1CK 0 IRREG, in Douglas County,N a. UNITED STATES OF AMERICA, A copy of said plan is a ailable for public The State of Nebraska, inspection in the City Clerk' Office. Public Hearing will be i d before the City Ss. Council of the City o Omaha, in the District of Nebraska, Legislative Chambers, On ha/Douglas Civic County of Douglas, Center, 1819 Farnam Stre t, on July 15,2014 at 2:00 p.m. i City of Omaha, BUSTER BROWN, 6-27-14 City Clerk J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on June 27, 2014 That said Newspaper during that time was re in gPnr�ral c im�yjpti rb ',lied and on in*hp •unty of Douglas, :,r . GENERAL NOTARY-State of Nebraska Nebraska, CONNIE L. NOVACEK .4' - -., My Comm.Exp.November 16,2015•ubscribed in my Ares 0 and sworn to before Publisher's Fee $19.10 27th me this day of Additional Copies $ June Total $19.10 2014 Notary Public in a for Douglas County, State of Nebraska