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ORD 41678a - Planning Recs with MapsPLANNING BOARD MINUTES 5. C10-18-003 C12-18-004 Justin Shanahan REQUEST: Preliminary and Final Plat approval of THE RIDGES REPLAT 15, a minor plat inside the city limits, with rezoning from DR to DR and R4 (laid over from 1/3/18) LOCATION: South of Shadow Ridge Drive and east of 186th Street *Prior to the beginning of discussion, Ms. Karnes recused herself from hearing this case and left the meeting. At the Planning Board meeting held on September 5, 2018, Mr. Larry Jobeun, 11440 West Center Road, appeared before the Board on behalf of the applicant, Mr. Justin Shanahan. Mr. Jobeun stated that Justin and Ellen Shanahan, and Steve Shanahan, owner of the Shadow Ridge Country Club, are present to answer any questions or give further information as needed. He explained that the request is for approval of the preliminary and final plat as well as rezoning for an area on which Justin and Ellen Shanahan will build a single family residence for their own use. Mr. Jobeun explained that the case was laid over from the January 3, 2018 meeting to allow time for the applicant to meet with the neighbors surrounding this single family, residential lot and that those meetings have occurred. He also stated that in the intervening time, a second project was undertaken by the applicant. Mr. Jobeun stated that there are approximately four lots which directly abut this property, the property owners to the north and to the east have expressed that they have no objection to the development of the single family residential home. The only objection has come from the property owner primarily to the west and a property owner to the southwest also raised some objections at the meeting in January. Mr. Jobeun reiterated that since the January meeting, the applicant has had meetings to attempt to come to an agreement with the property owners abutting the development. Mr. Jobeun stated that the applicant is here for approval of the preliminary and final plat as well as rezoning because the subdivision includes a portion of the outlot which includes hole #8. He also stated that later there will be minor amendment to the Outdoor Sports and Recreation special use permit which will be administrative because it is minor in nature. Mr. Jobeun presented several overviews of the lot in question as well as the surrounding area. He stated that he believes it is important to note that the development will not do anything with respect to hole #8, the hole will still have t-box, fairway, rough, and sand traps. He stated that the hole has been renovated since the photos were taken which resulted in some change to the sand traps, but the hole still has a green, a hole, and a pin and will continue to function as it has in the past. Mr. Jobeun advised that the property involved in this case is surplus property which is currently, and has been, unused by the golf course, he provided more overviews of the line of site of hole #8 from the abutting properties, none of which will change, and a view showing the property from the west to the proposed area to be developed. He stated that one of the questions which came up in the January meeting was about the elevations from Shadow Ridge Drive and concern about possible a retaining wall behind the residence. Mr. Jobeun stated that in the months since that meeting a proposed grading plan was developed which would support a single family, residential home at this location. This plan shows that there is no retaining wall required as it is possible to grade out the space adequately without it. In response to a question from the Board, Mr. Jobeun stated that there is enough room to make up the grade so that there will be no need for a retaining wall. Mr. Jobeun stated that the developer will subject the lot to the neighborhood covenants with respect to the Design Review Board, which is the only covenant that applies to this piece of property. The Shanahans had a drone fly over the property to the west to show the view from that property to the area of the proposed residential home. The drone showed significant landscaping which block the view from the property to the west towards this proposed residence. One of the views from the drone was taken from the location to be developed, raised up 55 feet which would be the height of the peak of a 2-story home, and showing towards the property to the west. This view showed that only the very top of the home to the west is visible from the proposed development. In response to a question from Mr. Pate, Mr. Jobeun stated that the trees are on the Campbell’s property and will not be removed, and few, if any on the property belonging to the applicant will be removed. Mr. Jobeun stated that the only potential change to the golf course will be the re-alignment of the cart path, which he believes has already occurred with the recent renovation at the golf course. Mr. Jobeun presented a photo he had taken at the “pin” on the 8th hole which illustrated that the Campbell’s home was not visible from that hole. Mr. Jobeun stated that he is aware that the City does not involve themselves in Neighborhood Agreements or Covenants, however, Mr. Jobeun provided a copy of the Agreement, which stated that none of the covenants apply to the golf course lots with the exception of it being subject to the approval of the Design Review Board of any structures which will be built on golf course lots. He also stated that the Design Review Board has reviewed the plans and have approved them subject to a couple of conditions, one of which is that the single family, residential home will be included in the Cherry Ridge subdivision in the Ridges to which the homeowner will be required any assessments and dues. The Design Review Board will review the architectural components of the proposed structure subject to the applicable covenants. The Design Review Board found that the proposed residence is consistent with the integrity and character of the neighborhood and will preserve the value and amenities of the neighborhood. Mr. Jobeun stated that this proposed development is consistent with the City’s Master Plan which indicates this area for low density residential as it will be utilizing only one lot in a subdivision of approximately 685 lots, so it does not increase the density significantly. He reiterated that the property is surplus property which is better used as a single family, residential lot within the subdivision. Mr. Robert Campbell, 1801 South 186th Street, appeared before the Board in opposition. Mr. Campbell stated that he was there to speak for himself and 140 other residents of the subdivision who signed a petition and had five points he wished to make. Mr. Campbell stated that he believes the proposal has a significant, direct, and negative impact on his family. He also stated that his family purchased their home solely because it was a golf course lot with no residences behind it and there was never any indication in the marketing material that there would be a house built on that lot, therefore, no reasonable person would expect a home to be built there. Mr. Campbell presented the map showing the Ridges master plan indicating his home and the proposed lot, stating that the golf course, as it is now, was what was included in the marketing materials to perspective homeowners for the Ridges development which included nothing to indicate that the area in question would ever become a residential lot. Mr. Campbell stated that 25 years ago, the Ridges was marketed as a golf course community and people either purchased or had homes built based upon that marketing information. He stated that residents in the neighborhood never expected a residential lot to be “shoe horned” into the golf course by stating that the land is surplus and/or unused. Instead, Mr. Campbell stated that the land in question provides green space vistas on the golf course property, which went into his decision to purchase his home in the location he chose. He stated that he, and 140 of his neighbors who signed a petition, believed that the golf course would remain a golf course with all of its amenities which were present at the time they purchased their homes in the Ridges. Additionally, Mr. Campbell stated that they have sought legal counsel who advised them that this proposed rezoning and development is illegal and therefore, they are seeking to have what they believe to be their legal rights enforced. He stated that he hopes the Board will protect their property rights rather than forcing them to undertake expensive, time consuming litigation. Mr. Campbell then read what he says are the three important sentences from a letter he stated was sent to the Board by his attorney. These sentences referenced the neighborhood covenants and a prior case which was upheld by the Nebraska Supreme Court regarding what he believes to be contain nearly identical facts at Skyline Ridge Homeowners Association. Mr. Campbell stated that the photos shown by Mr. Jobeun did not show the conditions at the location. He provided photos showing the view from his dining room when the leaves are off of the trees and other similar photos, all showing that they can see the golf course from their windows when there are no leaves on the trees. Mr. Jobeun returned to address the Board to respond to Mr. Campbell. He stated that the belief that the new residence will lower the value of the homes or in some way have a negative impact is not based in fact. The new residence will be comparable, if not exceeding, the value of any of the neighboring homes. The new construction will be in the Cherry Ridge community and will be held to the same Design Review standards as any home in the community. Mr. Jobeun again stated that the neighborhood covenants, which Mr. Campbell referred to, plainly state that the golf course lots are not a part of the covenants except for the requirement that any development on the golf course lots must be approved by the Design Review Board, which has already occurred. Mr. Jobeun explained that the covenants only say that the golf course must be maintained as an 18 hole, championship golf course, which it is. The Shanahans are in the process of completing a $5,000,000 renovation to the golf course and clubhouse. Mr. Jobeun stated that the Shanahans have every intention of maintaining the golf course to very high standards. He reiterated that the golf course was an 18 hole golf course yesterday, is the same today, and remain the same 18 hole, champion golf course plus a $5,000,000 renovation. In addition, Mr. Jobeun stated again that none of the holes on the golf course will be affected by this construction. The cart path has been moved, some sand traps have been redone and some greens have been redone as a part of a major renovation in progress to improve the golf course and club house. Regarding the petition presented by Mr. Campbell, Mr. Jobeun stated that it is their belief that many of the signatures came from people who were scared into signing it based on the brochure handed out by the Campbell’s which contained a number of inaccurate statements. The brochure in question was previously submitted to the Board which stated that the applicant planned to “chop up the golf course” which would hurt property values and have very negative effects on the neighborhood. Mr. Jobeun stated that he believes the falsehoods and misrepresentations in the materials provided by the Campbell’s to the neighbors led them to believe that there was a horrible thing in the works to ruin their neighborhood, which is just not factual. He mentioned that none of the 140 people who signed this petition were present before the Board at this meeting. Mr. Jobeun stated that it needs to be remembered that the Shanahans also have property rights, they are in fact the largest property owners in the neighborhood. He explained that they have the largest investment in the neighborhood and ensuring that the neighborhood looks great, as well as the golf course being held to high standards, is what draws people into the golf course. Mr. Jobeun stated that, as has been discussed before, the Skyline Golf Course case had a completely different set of circumstances in that the owner of that golf course allowed it to completely deteriorate and had the intention of redeveloping the entire golf course to the point that it could no longer be used as a golf course. The Shanahans on the other hand have just invested $5,000,000 in renovations to improve the Shadow Ridge Golf Course and are continuing to maintain it as a championship golf course. With regards to the Master Plan, he stated that the single family, residential home is well within the low density requirements. Mr. Steve Shanahan, 2029 South 189th Court, addressed the Board on behalf of the applicant at the request of Mr. Rosenbaum. Mr. Shanahan stated that he is the owner and founder of the Shadow Ridge Golf Course as well as being the owner of the property abutting the back of the 8th hole where his son, Justin Shanahan, is planning to build his home. Mr. Shanahan stated that as the property owner, he is the one with property rights on that property and he believes it is disingenuous and against common sense to consider that property rights bleed over onto his property from others in the neighborhood. He stated that there is precedence as this same type of thing has been done 10 times in the past on what the City calls valuable unused or surplus property, like the property where his son is proposing to build his home. He stated that the property is valuable, as well as other property in the neighborhood, because of the golf course which has created hundreds of millions of dollars in construction, in property taxes, and in the development of the community. He stated that the photos provided by Mr. Campbell are old photos as evidenced by the lack of trees as shown in the drone photos which also show that the Campbell’s home is not visible from the property where his son is proposing to build his home, and that the Campbell’s do not have a view of his son’s property. Mr. Shanahan stated that 25 years ago he started the Shadow Ridge Golf Club and he is the one who created the brochures which Mr. Campbell provided to the Board. Mr. Shanahan stated that there is no comparison between Skyline Woods and Shadow Ridge Golf Course. He stated that the owner of Skyline Woods intended to develop it as a water park, where Shadow Ridge will always be a golf club as he intended when he built it. Mr. Shanahan stated that the golf course is held to high standards which he and his family intend to maintain as evidenced by the major renovation and upgrade which was just completed throughout the entire golf course property and he believes that for his son to build his house there on his property, adjacent to his golf course, makes perfect sense. Mr. Campbell stated that he would like to have an opportunity to provide rebuttal to Mr. Shanahan’s statement. Mr. Rosenbaum allowed him to return to address the Board. Mr. Campbell stated that he disagreed with Mr. Shanahan’s assertion that the Shadow Ridge Golf Course had the largest investment in the neighborhood, he believes that the community has the larger investment. Additionally, he stated that although this type of development may have been done before, he believed that it was because people did not know before that they could challenge the development. Mr. Campbell stated that the photos that he presented were not old, that they were taken in March of this year, he also presented another photo he stated was taken in March which showed the vistas that he feels will be lost with this development. Mr. Campbell stated in closing that he is not a member of the Shadow Ridge Club because he does not have the time to play golf so it would not be financially feasible for him to join. In response to a question from Mr. Magid, Mr. Campbell stated that he is there for the view of the golf course rather than to play golf. Mr. Eric Englund, Manager of Current Planning, stated that the case before the Board is to split one large, platted lot into two lots with a rezoning for the one smaller, residential lot. He also stated that Mr. Jobeun was correct in stating that there would need to be a minor amendment to the special use permit to allow outdoor sports and recreation which would have to be submitted before sending the final plat to the City Council for final approval. Mr. Englund pointed out that the City is not a party to private covenants with regards to any development within the City jurisdiction, including this one. The applicant’s request meets all the City requirements with regards to zoning and subdivisions. The City recommends approval of the rezoning from DR to DR and R4, approval of the preliminary plat subject to the two conditions in the recommendation report, and approval of the final plat subject to the conditions of preliminary plat approval and submittal of an acceptable final subdivision agreement (if necessary) prior to forwarding it to City Council for final approval. Mr. Rosacker stated for the record that in addition to not being a party to any neighborhood covenants, they are also not bound by any representations made in any marketing materials for neighborhood development. He stated that the Board is taxed with ensuring that the applications meet the City codes with regards to zoning and subdivisions, and he is convinced that this case meets all of those requirements. Mr. Rosacker moved for approval of the rezoning from DR to DR and R4; approval of the Preliminary Plat, subject to the following conditions: 1) Submittal of an application for a Minor Amendment to the existing Special Use Permit for Outdoor sports and recreation; 2) Compliance with all applicable storm water management regulations; and approval of the Final Plat, subject to the conditions of Preliminary Plat approval, along with submittal of an acceptable final subdivision agreement (if necessary) prior to forwarding the plat to the City Council. Mr. Morris seconded the motion which carried 6-0-1 with Ms. Karnes recused. Ms Karnes rejoined the meeting. September 5, 2018 pln0142jp SUBJECT AREA IS SHADED - SEPTEMBER 2018 R4 R4 R4 R4 R4 R4 DRR4R4 MU R5 R4 R4 R4 R4 R4 R4 R4 R4 DR MU R4 R5 R5 R4 R4R4 R4 R4 DR R4 DR DR S1 8 6 th C irFrance s StS179th StArbor St Hickory Cir S18 5thC i r Cedar Cir S 183rd Cir W illiam CirS182nd C ir ShirleyCir S 182ndCirWo olw orth Cir S180thPlzS 186thS tS h a d ow R i d ge Dr Marinda Cir PineSt S184thCirPierceCirS182ndCirS182ndAvenueCirS 1 8 1 stPlz S179thAveS 180th StS184thCirS186thCirS183 rdCi rPoppletonCirC e n t e r R i dgeDr S183rdCirS185thSt S 179th StS181 stSt S 1 8 1 stCir DR R4 ±0 1,700 Feet 5CASE:C10-18-003,C12-18-004APPLICANT:Justin ShanahanREQUEST:Preliminary and Final Plat approval of THE RIDGES REPLAT 15, a minor plat inside thecity limits, with rezoning from DR to DR and R4 (laid over from 1/3/18)LOCATION:South of Shadow Ridge Drive and east of 186th Street