RES 2019-0392a - Planning Recs with MapsPJB
City of Omaha
Planning Department
1819 Farnam Street
Suite 1100
Omaha, NE 68183
402-444-5150
Planning.CityofOmaha.org
I. GENERAL INFORMATION:
Purpose: To subdivide and rezone this 9.77 acre parcel to allow the construction of
one (1) single family residence.
Existing Use(s): Agricultural
(Undeveloped)
Existing Zoning: AG
Adjacent Land Use(s): Adjacent Zoning
North: Agricultural (Undeveloped) North: AG
South: Agricultural (Undeveloped) South: AG
East: Agricultural/Residential East: AG
West: Agricultural/Residential West: AG
Future Land Use Designation(s): Low Density Residential, Future Development Zone
Applicable
Regulations:
If approved, the site is subject to compliance with the DR-
Development Reserve regulations.
No building permits 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 is currently comprised of 9.77 acres of property located within a
primarily agricultural area northwest of the City. The site is undeveloped
and used for agricultural purposes.
Development
Proposal:
The applicant is proposing to turn the existing parcel into one (1) single
family residential lot and rezone the property to the DR District in order to
allow development of the site with a single family residence.
Land Use and
Planning:
The Future Land Use Plan shows that the property is located within the
Future Development Zone. The property does not comply with the
minimum lot size requirements of the AG-Agricultural District, however,
this site was a recorded parcel of land existing before 2002 having an area
less than 20 acres and is therefore considered legally nonconforming and
may be used as a building site. Proper subdivision of the parcel along with
rezoning the site will bring it into compliance with the requirements of the
City’s subdivision and zoning regulations.
It should be noted that further subdivision of the property will not be
Date: November 28, 2018
Case Number: C10-18-271, C12-18-272
Applicant: Scott Iverson
Request: Preliminary and Final Plat approval of EVERGREEN ACRES, a subdivision
located outside the city limits, with rezoning from AG-Agricultural District to
DR-Development Reserve District.
Location: Southwest of 132nd Street and Bennington Road
Case Number: C10-18-271, C12-18-272
EVERGREEN ACRES
Page: 2
PJB
permitted until such time as the property is located within the Present
Development Zone.
The southwest corner of this site has been designated for a future dam
site. The applicant must coordinate with the Natural Resources District as
part of this request for their determination on the extent of the future dam
site impacts to the area in this subdivision, and place the area of future
NRD acquisition in an outlot, as well as provide for the use, ownership,
and maintenance of the outlot in a final subdivision agreement. This outlot
will also require a waiver of lot frontage.
Other: Any new or revised driveway connections to Bennington Road will require
a permit from the Douglas County Engineer’s Office.
III. ANALYSIS:
Conditionally, the proposed Preliminary Plat is consistent with subdivision ordinances and
carries out the goals and objectives of the City of Omaha Master Plan.
The proposed Final Plat needs to be laidover to allow the applicant to coordinate with the
NRD for their determination on the extent of the future dam site impacts to the area in this
subdivision, and place the area of future NRD acquisition in an outlot. This will also allow for a
waiver of lot frontage for the outlot to be added to the request.
IV. RECOMMENDATIONS:
Approval of the Preliminary Plat, subject to the following conditions:
1. Coordinate with the Natural Resources District for their determination on the extent of
the future dam site impacts to the area in this subdivision, and place the area of future
NRD acquisition in an outlot.
2. Provide for the use, ownership, and maintenance of the outlot in a subdivision
agreement.
Layover the Final Plat to allow the applicant to coordinate with the NRD for their
determination on the extent of the future dam site impacts to the area in this subdivision,
place the area of future NRD acquisition in an outlot, and allow for a waiver of lot frontage for
the outlot to be added to the request.
V. ATTACHMENTS:
Preliminary/Final Plat
PLANNING BOARD MINUTES
10. C10-18-271
C12-18-272
Scott Iverson
REQUEST: Preliminary and Final Plat approval of
EVERGREEN ACRES, a subdivision located
outside the city limits, with rezoning from AG
to DR
LOCATION: Southwest of 132nd Street and Bennington
Road
At the Planning Board meeting held on December 5, 2018, Mr. Scott Iverson, 5212 North 158th Avenue
appeared before the Board with Mr. Jeff Elliott, 17007 Marcy Street, in support of the request. Mr. Elliott
provided an aerial view of the area with the location of this projected highlighted for the Board members.
He stated that the Iversons plan was to build one, single family home, on 9.77 acres they own at this
location. He stated that after reviewing the recommendation report, he had contacted Amanda at the NRD
about the future dam site planned which will touch the applicant’s property in the next 20 years. He showed
on the aerial photograph the area which will include the “top of dam” elevation. He stated that the NRD
asked the Iverson’s to place the southern portion of their property into an outlot which would be purchased
by the NRD at a later date for the dam site. He explained that the northern portion of the site has a large
hill on which it would be possible to place their home. In response to a question from the Board, Mr. Elliot
stated that if the property for the dam site is not considered, the applicants would still have approximately
4 to 5 acres on which to build a house.
Mr. Eric Englund, Manager of Current Planning, stated that the department discovered the NRD dam
information during their review of the application. The department discussed the application with the NRD
and it was suggested that the southern portion be placed in an outlot for future purchase by the NRD. He
stated that the department recommends approval of the rezoning, approval of the preliminary plat subject
to the conditions listed in the recommendation report and layover of the final plat to allow the applicant to
coordinate with the NRD.
In response to a question from Mr. Rosacker, Mr. Elliott stated that the NRD dam is only in the preliminary
planning stages. He also stated that after talking with Amanda and looking at the preliminary plans, it is
anticipated that they would be able to get the necessary information back to the Planning Department by
the deadline for the January, 2019 Planning Board meeting.
Mr. Rosacker motioned for approval of the rezoning from AG to DR and approval of the Preliminary Plat,
subject to the following conditions:
1. Coordinate with the Natural Resources District for their determination on the extent of the future dam
site impacts to the area in this subdivision, and place the area of future NRD acquisition in an outlot.
2. Provide for the use, ownership, and maintenance of the outlot in a subdivision agreement.
as well as a layover of the Final Plat to allow the applicant to coordinate with the NRD for their determination
on the extent of the future dam site impacts to the area in this subdivision, place the area of future NRD
acquisition in an outlot, and allow for a waiver of lot frontage for the outlot to be added to the request. Mr.
Moore seconded the motion which carried 6-0.
December 5, 2018
pln0502jp
SUBJECT AREA IS SHADED - DECEMBER 2018
AG
AGAG
AG
Bennington R d N132ndSt±0 1,000
Feet
10CASE:C10-18-271,C12-18-272APPLICANT:Scott IversonREQUEST:Preliminary and Final Plat approval of EVERGREEN ACRES, a subdivision locatedoutside the city limits, with rezoning from AG to DRLOCATION:Southwest of 132nd Street and Bennington Road