RES 2018-1044a - Planning Recs with MapsMRC
City of Omaha Planning Department
Planning Board
Memo
To: Chairman and Members of the Planning Board
From: David K. Fanslau
Planning Director
Date: August 29, 2018
Subject: THE RIDGES REPLAT 15
South of Shadow Ridge Drive and east of 186th Street
Case #C10-18-003, C12-18-004
The request for Preliminary and Final Plat approval along with a rezoning from DR to DR and
R4 was laid over at the January 3, 2018 Planning Board meeting to allow the applicant time to
further discuss the proposal with the neighbors.
The applicant stated that they have met with the neighbors. No new information has been
submitted.
ANALYSIS:
As this replat involves the golf course, an application for a Minor Amendment to the existing
Special Use Permit (Case #C8-91-091) for Outdoor sports and recreation will be required before
the final plat can be forwarded to the City Council for final action.
Conditionally, the proposed subdivision and rezoning is consistent with the City’s subdivision
regulations and carries out the goals and objectives of the City of Omaha Master Plan.
RECOMMENDATIONS:
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 stormwater management regulations.
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.
ATTACHMENTS:
Preliminary and Final Plat
Recommendation report dated December 27, 2017
Sheet TitleSheet Numberthompson, dreessen & dorner, inc.10836 Old Mill RdOmaha, NE 68154p.402.330.8860 f.402.330.5866td2co.comTHE RIDGES REPLAT 15
LOTS 1 AND 2CITY OF OMAHAPRELIMINARY PLATSHEET 1 OF 1Revision DatesNo.DescriptionMM-DD-YYJob No.: A1436-17-9PDrawn By: RJRReviewed By: JDWDate: NOVEMBER 8, 2017Book: Page:------------------------0'25'50'LOTS 1 AND 2THE RIDGES REPLAT 15LOT 21,708,123 SQUARE FEETOR 39.213 ACRESLOT 21,708,123 SQUARE FEETOR 39.213 ACRESLOT 135,186 SQUARE FEETOR 0.808 ACRESV I C I N I T Y M A PPROJECT SITELOT 135,186 SQUARE FEETOR 0.808 ACRES
Sheet TitleSheet Numberthompson, dreessen & dorner, inc.10836 Old Mill RdOmaha, NE 68154p.402.330.8860 f.402.330.5866td2co.comTHE RIDGES REPLAT 15
LOTS 1 AND 2CITY OF OMAHAFINAL PLATSHEET 1 OF 1Revision DatesNo.DescriptionMM-DD-YYJob No.: A1436-17-9ADrawn By: RJRReviewed By: JDWDate: NOVEMBER 8, 2017Book: Page:------------------------0'25'50'DEDICATIONACKNOWLEDGEMENT OF NOTARYBEING A REPLATTING OF LOT 272, THE RIDGES, A SUBDIVISION IN DOUGLAS COUNTY, NEBRASKA.APPROVAL OF CITY OF OMAHA PLANNING BOARDREVIEW BY THE DOUGLASCOUNTY ENGINEERLOTS 1 AND 2THE RIDGES REPLAT 15SURVEYOR'S CERTIFICATECOUNTY TREASURER'S CERTIFICATEAPPROVAL OF CITY ENGINEERAPPROVAL OF OMAHA CITY COUNCILLOT 21,708,123 SQUARE FEETOR 39.213 ACRESLOT 21,708,123 SQUARE FEETOR 39.213 ACRESLOT 135,186 SQUARE FEETOR 0.808 ACRESLOT 1
The Ridges Replat 15
Case Number: C10-18-003, C12-18-004
Page 1
MRC
City of Omaha
Planning Department
1819 Farnam Street
Suite 1100
Omaha, NE 68183
402-444-5150
Planning.CityofOmaha.org
I. GENERAL INFORMATION:
Purpose: To replat and rezone property to create one additional residential lot
(0.808 acres) from a portion of golf course property.
Existing Use(s): Golf course (vacant area) Existing Zoning: DR
Adjacent Land Use(s): Adjacent Zoning
North: Golf Course, Single Family
Residential
North: DR and R4
South: Single Family Residential South: DR
East: Single Family Residential East: R4
West: Golf Course West: DR
Future
Land Use
Designation(s):
Low density residential
Zoning History: C10-16-029, C12-16-030 - Preliminary and Final Plat approval of The
Ridges Replat 13, a minor plat inside the city limits, with rezoning from DR
to DR and R4, approved by City Council – April 19, 2016 (near 182nd
Circle and Shadow Ridge Drive).
C10-91-093, C12-91-094, C8-91-091 – Preliminary & Final Plat of The
Ridges with SUP to allow Outdoor sports and rec (golf course) – Approved
by City Council – September 12, 1991.
Applicable
Regulations:
55-181-55-187, R4-Single Family Residential District (High Density) for
the new residential lot.
II. SPECIAL INFORMATION:
Site
Characteristics:
The subject site is an area of golf course property located along the south
side of Shadow Ridge Drive, west of Lot 20 (18535 Shadow Ridge Drive).
This land slopes down from north to south towards the golf course and is
vacant other than street trees along Shadow Ridge Drive and an existing
golf cart path that will be relocated as part of this project.
Date: December 27, 2017
Case Number: C10-18-003
C12-18-004
Applicant: Justin Shanahan
Request: Preliminary and Final Plat approval of THE RIDGES REPLAT 15, a minor
plat inside the city limits, with rezoning from DR-Development Reserve
District to DR-Development Reserve District and R4-Single-Family
Residential District (High-Density).
Location: South of Shadow Ridge Drive and east of 186th Street
The Ridges Replat 15
Case Number: C10-18-003, C12-18-004
Page 2
MRC
Development
Proposal:
The purpose of the request is to create one (1) additional residential lot for
development from an unused portion of golf course property. This replat
will transfer 35,186 square feet (0.808 acres) of the golf course property in
order to create the additional residential lot. The golf course is zoned DR,
therefore a rezoning request to R4 has also been submitted by the
applicant in order to develop the lot with the same zoning regulators as the
adjacent residential lots. The remaining area of about 39.2 acres will
continue to be zoned DR as part of the golf course.
Public
Improvements:
Sidewalks: Existing sidewalk is provided along Shadow Ridge Drive.
Grading and
Drainage:
Any future development will be required to comply with all applicable
stormwater management ordinances and policies, including providing for a
no net increase in stormwater runoff and must treat the first ½” of
stormwater for water quality.
Land Use and
Planning:
The proposed subdivision is consistent with Chapter 53 Subdivision of the
Omaha Municipal Code.
As this replat involves the golf course, an application for a Minor
Amendment to the existing Special Use Permit (Case #C8-91-091) for
Outdoor sports and recreation will be required before the final plat can be
forwarded to the City Council for final action.
III. ANALYSIS:
Conditionally, the proposed subdivision is consistent with the City’s subdivision regulations
and carries out the goals and objectives of the City of Omaha Master Plan.
IV. RECOMMENDATIONS:
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 stormwater management regulations.
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.
V. ATTACHMENTS:
Preliminary Plat
Final Plat
PLANNING 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
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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