ORD-41997a - Planning Recs with MapsECE
City of Omaha Planning Department
Planning Board
Memo
To: Chairman and Members of the Planning Board
From: David K. Fanslau, Planning Director
Date: July 31, 2019
Subject: Approval of an Amendment to the Future Land Use Element of the City's Master
Plan from Industrial to Low-density residential
Case #C3-19-137
Northwest of 120th Street and Rainwood Road
This request was laid over by the Planning Board on July 3, 2019 to allow the applicant time to
address items associated with the WOUNDED WARRIORS FAMILY SUPPORT – DUNHAM
ADDITION preliminary plat (#C3-19-136, C10-19-124, C12-19-125).
ANALYSIS:
This request is to amend the Future Land Use Element of the City’s Master Plan. The
requested amendment would change the future land use map for the property generally located
northwest of 120th Street and Rainwood Road (between future 123rd and 126th Streets).
Currently, the future land use map shows Industrial. The requested future land use is Low-
density residential and is related to a concurrent application (C3-19-136, C10-19-124, C12-19-
125) regarding this site for platting and rezoning to allow a long-term care facility for combat
wounded veterans.
As stated in the Omaha Master Plan:
Policies and proposals within the Master Plan represent the willful intention of
Omaha’s citizens. It is appropriate and necessary that the Master Plan be
reviewed and amended regularly to ensure that it continues to represent
community standards and values.
Applicants submitting development and zoning requests which do not match the
Master Plan and its elements must first request approval of an amendment to the
Master Plan. Project proposals that are not in conformance with the Master Plan
should not be approved until such proposals are modified to be in conformance
or the Master Plan is amended to allow for the proposal. In order for an
amendment to be approved, it must be shown that:
Case #C3-19-137
Page 2
ECE
a. there is a factual defect in the map, illustration or section of the Plan with
which the proposal is in conflict; or
b. the proposal will further another important aspect of the Master Plan and
its elements.
In order to show that the proposal meets one of these two criteria, the request
must be accompanied by a formal analysis (Development Impact Assessment)
which outlines:
1. how the proposal differs from the Plan and its elements;
2. how it meets one of the criteria
3. how the Plan and its elements would need to be changed to allow for
proposal;
4. the justification for the proposed change;
5. the positive and negative effects of the difference;
6. how the applicant proposes to mitigate the effects.
The applicant has submitted a Development Impact Assessment. In the assessment, the
applicant stated the proposal will further other important aspects of the Master Plan and its
elements. Specifically, the applicant states,
The development will provide the appropriate housing accommodations and
outdoor amenity areas to persons who have served in the U.S. Military and have
been injured or impaired in some way. The development will be context
appropriate, as large areas of the subject parcel will be preserved for natural
open space and all buildings, drives, and parking areas will be laid out in such a
way as to limit the amount of site grading and utility work required.
The parcel’s current future land use designation of Industrial is not optimal in
terms of its location relative to Blair High Road (Highway 133). Sitting more than
1/2 mile west of Blair High Road, the parcel lies on the outer edge of the
proposed industrial corridor along Highway 133. Thus, it has neither the ease of
access nor the visibility from the highway desirable for industrial land uses.
The designation change also does not adversely change the regional future land
use composition. The adjacent properties to the west and south are designated
for residential uses in Omaha’s Master Plan. Thus, the parcel’s development
would complement the current property owners as well as promote better
efficiencies among the abutting parcels.
ANALYSIS: Generally, the applicant has satisfactorily met the criteria to support the Master
Plan change. The proposal to change the Future Land Use designation for the subject site from
Industrial to Low-density residential will further other important aspects of the Master Plan and
its elements.
DEPARTMENT RECOMMENDATION: Approval.
ATTACHMENT: Future Land Use map
PLANNING BOARD MINUTES
5.
C3-19-137
John Folsom
REQUEST: Approval to an Amendment to the Future
Land Use element of the City’s Master Plan
from Industrial to Low density residential (laid
over from 7/3/19)
LOCATION: Northwest of 120th Street and Rainwood
Road
*Ms. Karnes advised that agenda items #5 (C3-19-137) and #7 (C10-19-124 & C12-19-125) would be
heard together with but that both cases would be voted on separately*
At the Planning Board meeting held August 7, 2019, Mr. Adam Charlson, 13330 California Street, Suite
200, appeared before the Board on behalf of the applicant. He stated that the request is for a change to the
Master Plan and rezoning to allow the construction of a residential long term care facility for combat
wounded veterans. Mr. Charlson advised that Colonel John Folsom, members of the HDR team, and Mr.
Hal Daub were also present at the meeting to provide more information and answer questions from the
Board.
Colonel John Folsom, 1719 North 60th Street, appeared before the Board as the applicant for this request.
He described this project as being a one of a kind facility in the United States to provide care for combat
wounded veterans who have suffered injuries from I.E.D. and other attacks such as kinetic trauma causing
moderate to severe traumatic brain and spinal injuries. Colonel Folsom stated that his inspiration was a
young soldier with whom he served in Iraq who was injured when an explosive device, which was placed
“head high” was detonated as he was performing clearing duty in Rimadi, causing brain trauma so severe
that the young man, while not in a vegetative state, is now completely reliant on the care of others. He
stated that the primary care giver for this young man, and many other single young soldiers, is his mother.
Colonel Folsom noted that, eventually, the parents of soldiers in such dire condition would be unable to
care for their child either due to age, illness, or death and that the only alternatives for the care at that point
would be a VA veterans home, or another assistive care facility, both of which are geared towards elderly
people. He stated that his vision is to build this facility in Omaha because in addition to the availability of
excellent medical facilities, Omaha is also nearly in the exact center of the United Stated. Colonel Folsom
stated that once the facility is ready to go, there will be a national call for applicants. Initially, phase one of
the program will include 24 beds.
Mr. Don Vokee, 12640 & 12610 Rainwood Road, appeared before the Board in support of the project. Mr.
Vokee stated that he will be the adjacent neighbor to this project and emphasized that he was not asked to
address the Board and had not discussed his testimony with the applicant, but he wanted to express that
he was highly in favor of the project. He stated that he had grown up and gone to school in Omaha. After
leaving the area for 43 years, he and his wife returned and spent two years searching for the perfect location
for their home before finding the right place. He stated that the residents in this area of Omaha feel the area
is special and are not interested in selling their land for any purpose not related to agriculture. Mr. Vokee
stated that while he believes that, like most people, his neighbors prefer the land to remain undeveloped,
he understands that progress happens and if the land is to be developed he believes this is the best project
to put there due to the design of the project by HDR and the engineering contractor. Mr. Vokee stated that
he wanted to speak to address the erroneous claims which had been made in social media that the
neighbors were opposed to this project and to state that he thinks the world of the soldiers who will be
served by this project and welcomes their presence.
Mr. Vokee stated that he understands that the Master Plan currently calls for this land to eventually be
zoned heavy industrial and that he would like for the department to revisit the future land use plan for the
area to possibly revise the best use for that land.
Mr. Hal Daub, 314 North 97th Court, appeared before the Board in support of the request. Mr. Daub stated
that he is passionate about this project not only for the singular national implication, but also because
Omaha has grown into a center of health care for the country. He stated that they had looked all around
the country before deciding on this location due to the proximity of health care, hospitals, rehabilitation
centers and other specialized services which will be necessary for the success of the project, as well as
allowing the potential for growth into a larger facility in the future. Mr. Daub advised that this was a perfect
place being surrounded by rural homes, horse riding communities and large agricultural acreages which
will provide a peaceful, serene setting for the residents at the facility.
Mr. Daub stated that they appreciated the work the Planning Department and HDR had put into making this
project workable. He stated that Wounded Warriors Family Support organization had their headquarters in
Omaha and is one of only five 501c-3 organizations in the country devoted to veteran services who had
earned Morningstar’s elite 5 star rating.
Mr. Eric Englund, Acting Assistant Director, addressed the Board to describe the department’s
recommendations. Mr. Englund stated that the department is always reviewing Master Plan to ensure the
best zoning fit for various areas of the city. He stated that the department believes that this area is a good
location to rezone to low density residential for this project. Mr. Englund stated that the department has
been working with the applicant and development team for some time to get to this point where the
department can support the application for an amendment. He stated that the Planning staff believes this
is a great project and are glad they are able to recommend this request for approval. He also explained that
with the Preliminary Plat and rezoning request (agenda item #7, C10-19-124 & C12-19-125) there is also a
request for a variance to the boundary of the Present Development Zone and with this project the applicant
will be required to extend the sanitary sewer from Blair High Road and with the installation of a street
network, the department is supportive of extending the boundary of the Present Development Zone.
Mr. Englund stated that the proposed use will likely be classified as an Assisted Living Facility which will
require a Special Use Permit which is anticipated to be included in the Final Plat.
At the request of Mr. Pate, Colonel Folsom returned to the podium to answer questions from the Board
regarding the project. Mr. Pate stated that he believes this is a great project and that it will be very good for
the veterans it will serve as well as for the community as a whole. In response to questions from the Board,
Colonel Folsom stated that the facility will be open to both male and female veterans and that this phase
will not include medical facilities on site, but it is anticipated in a future phase. He explained that there will
be small pods built to accommodate skilled care, similar to family style housing rather than a big hospital
or dormitory type building. He reminded the Board that the conditions of the veterans with traumatic brain
and spinal injuries will not improve, it is his goal to build a facility where these young men and women can
live the remainder of their lives. Colonel Folsom stated that his long term goal is to have no development
east of the current location, even if he has to purchase all of that land, this is to allow the residents of the
facility to go out on the veranda and watch the sunrise/sunset, relax, and just enjoy the Nebraska
countryside. He is confident that once the facility is up and running, it will be something that the entire
country will get behind. He also assured the neighboring residents that this would never be an eyesore with
high rise buildings, rather it will be single floor pods, resembling residential homes which will conform to the
land and will be something Omaha as a whole can be proud of.
Mr. Hal Daub returned to address the Board and answer questions as well. He stated that initially the first
20 to 24 veterans who are admitted will be in an independent living situation, however, it will also have to
have the facilities to accommodate the progression of the physical and mental condition of their residents
into assisted living, and then to skilled nursing care. He also stated that the initial buildings will possibly not
require the use permit, however the second and third phases may. Mr. Daub explained that as their physical
and mental condition deteriorates, the veterans may be moved from one building to another which will be
built to accommodate their condition.
Mr. Pate stated that he believes there is a huge demand for this type of facility and expressed his belief
that it will be a model used throughout the country to create similar facilities. Mr. Daub agreed and stated
that they are confident that after this is developed and in operation, other groups around the country will
see that there is, indeed, a demand and will rise to meet that demand.
In response to a question from Mr. Magid, Colonel Folsom stated that the facility will only house the
veterans, their families will not reside there at all. He reminded the Board that many warriors returning home
are single young men and women, and that their primary caregivers are their parents. He stated that as the
parents age and as the condition of the veteran deteriorates, there will be a time when the parent is unable
to provide care for their son or daughter. The goal of Mr. Daub and Colonel Folsom is to create a facility
which can provide a home for these wounded warriors when they cannot be cared for in their parent’s home
or in a situation where a wounded soldier comes home and their spouse is unable to handle the
responsibility for their care. Colonel Folsom stated that their goal in a later phase is to create a facility similar
to a Ronald McDonald House where the families can stay for a short time, however, there is no plan to
provide permanent or long term housing for family members. Mr. Magid observed that this facility will
probably also draw people into the community who wish to live near their loved one who is in the facility.
Colonel Folsom stated that this could possibly happen, however, since Omaha is so centrally located, it will
also be possible for families to travel relatively short distances from where they currently live to see their
family member as well.
There were no opponents.
Mr. Eric Englund advised that there are three different components within the code regarding assisted living
facilities (1) independent housing, (2) semi-independent housing, and (3) dependent housing. He went on
to explain that an assisted living facility can be a mixture of any or all of those components and that those
details can be worked out with the applicant when the final plat is brought to the department. Mr. Englund
stated that the department recommends approval of the amendment to the Future Land Use element of the
City’s Master Plan.
Prior to the vote, Mr. Rosacker stated that he commends the vision of Colonel Folsom and the development
team to provide a much needed service to combat wounded veterans and the wisdom to assemble the
team which will be able to move this project forward to completion.
Mr. Magid motioned for approval. Mr. Moore seconded the motion which carried 6-0.
August 7, 2019
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5CASE:C3-19-137APPLICANT:John FolsomREQUEST:Approval to an Amendment to the Future Land Use element of the City’sMaster Plan from Industrial to Low density residentialLOCATION:Northwest of 120th Street and Rainwood Road