RES 2023-0998 - Bennington Cottages - Preliminary Plat12
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Preliminary Plat
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thompson, dreessen & dorn er, inc.
10836 Old Mill Rd
Omaha, NE 68154
p.402.330.8860 www.td2co.com
Project Name
Professional Seal
Revision Dates
Sheet Title
No. Description MM-DD-YY
Client Name
Drawn By: Reviewed By:
Job No.: Date:
dba: TD2 Engineering & Surveying
NE CA-0199
Project Location
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1523-126 08-07-23
RBR MEM
10650 N 168th Street
Bennington, NE 68007
ne1call.comNebraska
Know what's below.Call before you dig.
Bennington
Cottages
168th Cottages LLC
PROGRESS PRINT
NOT TO BE USED FOR
CONSTRUCTION
DATE PRINTED:August 7, 2023
0' 30' 60'
Sheet Number
Exhibit A
BENNINGTON COTTAGES
LOTS 1 THROUGH 56 AND
OUTLOTS A THROUGH G
DOUGLAS COUNTY, NEBRASKA
LEGAL DESCRIPTION
NOTES
ENGINEERSUBDIVIDER
LEGEND
PROJECT LOCATION
VICINITY MAP
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Exhibit “B”
1. Place a note on the plat that there shall be no direct access to 168th Street from
Lots 1 or 2, and that Chicory Street at 168th Street will be restricted to right-in/right-
out only upon future improvements to 168th Street.
2. Provide traffic calming for all streets longer than 1000’.
3. The on-street parking on Chicory Street must be diagonal.
4. Coordinate with Public Works on the acceptability of the stopping sight distance
waiver request.
5. Construct the Chicory Street approach to 168th Street as a 25’ wide two-lane street
with no median.
6. Dedicate 50’ of ROW along 168th Street.
7. Grant a 115 foot noise attenuation easement along the centerline of 168th Street,
and show the standard easement language on the plat.
8. Provide for the widening of 168th Street along the subdivision’s frontage, as well
as the turn lane and taper for the northbound left turn lane at Chicory Street.
9. Construct the private streets in Outlot C to City standards, per Chapter 53 of
Municipal Code; grant utility and public sanitary sewer easements in the outlot.
10. Coordinate with the Planning and Public Works Departments on the Complete
Streets Design Guide Design Checklists.
11. Proposed site grades along the eastern boundary of the platting, adjacent to 168th
Street, must be coordinated with the future improvement of the roadway.
12. Obtain all necessary permits from Douglas County.
13. Temporary turn-arounds must be provided at the terminus of all temporarily dead-
ended streets.
14. A provision must be included in the subdivision agreement that assig ns
responsibility for the routine maintenance and snow removal of the parking areas
located on public right-of-way.
15. If Bennington Cottages Addition will not be located in a Sanitary Improvement
District, a maintenance agreement will be required.
16. Construct public sanitary sewers to serve each lot.
17. Submit the 30% design report for the sanitary sewer to the Public Works Design
Division per Section 2.14 of the City’s Wastewater Collection Systems Design
Manual.
18. Storm sewer design computations and final plans must be submitted to the
Douglas County Engineer’s office for review
19. Sidewalks must be constructed along all public streets, including along the
subdivision’s 168th Street frontage.
20. OPPD has existing single phase overhead. Coordinate with OPPD for removal or
relocation.
21. Receive preliminary approval of the PCSMP from Public Works prior to the
application for final plat approval; upload the drainage study and preliminary plans
to Permix.
22. The development must comply with all applicable stormwater management
ordinances and policies.
23. Coordinate with the adjacent SIDs to make improvements to park area #18.
Contact the City of Omaha Park’s department for additional assistance.
24. Trails and/or open space constructed within the development that are not part of
the suburban park master plan shall be privately constructed and maintained by
the developer, HOA or other approved entity.
25. Provide for the use, ownership, and maintenance of the outlots in the subdivision
agreement.
26. Submit a letter of approval from Douglas County for a Noxious Weed Plan.
27. Submit a wetland and waters of the U.S. delineation analysis along with a
mitigation plan, if necessary.
28. Submit an acceptable tree mitigation planting plan.
29. Submit a letter from Douglas County Emergency Management confirming that
acceptable emergency warning is being provided for the area.
30. Obtain the necessary setback waivers for the cluster lots from the Zoning Board of
Appeals (prior to submitting for building permit).
31. Coordinate with the city on the existing structures being retained within the outlot,
the acceptability of the proposed uses, and the associated language to be included
in the final subdivision agreement.
32. Coordinate with Planning staff on appropriate street names within the
development.
Pln584blj
PJB
City of Omaha
Planning Department
1819 Farnam Street
Suite 1100
Omaha, NE 68183
402-444-5150
Planning.CityofOmaha.org
Date: August 30, 2023
Case Number: C10-23-221, C12-23-222
Applicant: Jasper Stone Partners
Request: Preliminary Plat approval of BENNINGTON COTTAGES, a cluster
subdivision outside city limits, with rezoning from AG to DR, R5, and R6,
along with a waiver to Sections 53-8, Site Stopping Distance, and 53-9(9),
Sidewalks.
Location: Southwest of 168th and Abigail Streets
I. GENERAL INFORMATION:
Purpose: To allow for development of the site with a variety of residential uses.
Existing Use(s): Undeveloped Existing Zoning: AG
Adjacent Land Use(s): Adjacent Zoning
North: Residential North: Bennington
South: Undeveloped/Agricultural South: AG
East: Undeveloped/Agricultural East: AG
West: Undeveloped/Agricultural West: AG
Future
Land Use
Designation(s):
Low Density Residential
Applicable
Regulations:
If approved, development of the site will be subject to the underlying DR,
R5, and R6 zoning regulations, cluster regulations, and all other
applicable 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 subject site is approximately 18.4 acres and is currently zoned AG-
Agricultural District. The site is part of two unplatted parcels. The property
at 10650 North 168th Street is developed with an existing residence and
multiple outbuildings. The adjacent parcel is undeveloped and has
historically been used as a tree farm operation. The site is designated for
Low density residential in the Omaha Master Plan.
Development
Proposal:
The applicant proposes platting the site into 54 lots zoned as R5 for single
family cottage style homes (Lots 3-56), two lots zoned as R6 for multi-
family residential development (Lots 1-2), and seven outlots zoned as DR.
The single family lots as well as Outlots B-G are proposed as part of a
cluster subdivision.
The project proposes to retain multiple existing structures on the property
as part of this development. The two south most structures are shown in a
BENNINGTON COTTAGES
Case No.C10-23-221, C12-23-222
PJB
Page: 2
platted lot and will be the caretaker's house and detached garage. The
northern three existing structures are shown in an outlot and will be
refinished and used for community spaces (garden shed, greenhouse, and
small event barn).
Public
Improvements:
Plat: Place a note on the plat that there shall be no direct access to 168th
Street from Lots 1 or 2, and that Chicory Street at 168th Street will be
restricted to right-in/right-out only upon future improvements to 168th
Street.
Traffic and Circulation: Provide traffic calming for all streets longer than
1000’.
The on-street parking on Chicory Street must be diagonal.
Coordinate with Public Works on the acceptability of the stopping sight
distance waiver request.
Construct the Chicory Street approach to 168th Street as a 25’ wide two-
lane street with no median.
Dedicate 50’ of ROW along 168th Street.
Grant a 115 foot noise attenuation easement along the centerline of 168th
Street, and show the standard easement language on the plat.
Provide for the widening of 168th Street along the subdivision’s frontage,
as well as the turn lane and taper for the northbound left turn lane at
Chicory Street.
Construct the private streets in Outlot C to City standards, per Chapter 53
of Municipal Code; grant utility and public sanitary sewer easements in the
outlot.
Coordinate with the Planning and Public Works Departments on the
Complete Streets Design Guide Design Checklists.
Proposed site grades along the eastern boundary of the platting, adjacent
to 168th Street, must be coordinated with the future improvement of the
roadway. The consultant will be required to submit cross section
information, for review purposes, that shows the relationship of the
proposed site grading to the existing and future 168th Street
improvements. Certification of the grade coordination will be required
prior to the County Engineer’s signing of the final plat.
The proposed street connection from the development to 168th Street will
require permits from the Douglas County Engineer’s office and must meet
proper sight distance criteria and incorporate intersection improvements
as required by current City/County Access Policy. The cost of the
roadway improvements for the street connection, if required, will be the
responsibility of the developer. The sight distance criteria to be used in
BENNINGTON COTTAGES
Case No.C10-23-221, C12-23-222
PJB
Page: 3
the evaluation of the street connections, will be AASHTO Stopping Sight
Distance for 50 MPH design (425’).
Temporary turn-arounds must be provided at the terminus of all
temporarily dead-ended streets.
A provision must be included in the subdivision agreement that assigns
responsibility for the routine maintenance and snow removal of the parking
areas located on public right-of-way.
If Bennington Cottages Addition will not be located in a Sanitary
Improvement District, a maintenance agreement will be required before
Douglas County will provide routine maintenance of public streets or
request street lights on behalf of the Developer. If not located in a
Sanitary Improvement District, major maintenance activities are the
responsibility of the adjacent property owner.
Sanitary Sewer: Construct public sanitary sewers to serve each lot.
Submit the 30% design report for the sanitary sewer to the Public Works
Design Division per Section 2.14 of the City’s Wastewater Collection
Systems Design Manual.
Storm Sewer: Storm sewer design computations and final plans must be
submitted to the Douglas County Engineer’s office for review that relate to
the handling of roadway and site drainage along the development
boundaries adjacent to 168th Street.
Sidewalks: The applicant is requesting a waiver of Section 53-9(9),
Sidewalks, as part of this application. The city has historically supported
sidewalk waiver requests for the private ways in similar cluster-style
developments. The requested sidewalk waiver is acceptable for the
private streets of the proposed development. However, sidewalks must be
constructed along all public streets, including along the subdivision’s 168th
Street frontage. It should also be noted that the cluster portion of the
development includes a trail-like sidewalk system, which provides each
cluster lot pedestrian access throughout the development.
Utilities: Any grading, sewer or utility work carried out in conjunction with this
development, in 168th Street right-of-way, will require a permit(s) from the
Douglas County Engineer’s office.
OPPD has existing single phase overhead. Coordinate with OPPD for
removal or relocation.
Grading and
Drainage:
Receive preliminary approval of the PCSMP from Public Works prior to the
application for final plat approval; upload the drainage study and
preliminary plans to Permix.
The development must comply with all applicable stormwater
management ordinances and policies, including providing for a no net
BENNINGTON COTTAGES
Case No.C10-23-221, C12-23-222
PJB
Page: 4
increase in stormwater runoff and treatment of the first ½ inch of
stormwater for water quality.
Parks and
Open Space:
Parks, Recreation and Public Property: Coordinate with the adjacent SIDs
to make improvements to park area #18. Contact the City of Omaha
Park’s department for additional assistance.
Trails and/or open space constructed within the development that are not
part of the suburban park master plan shall be privately constructed and
maintained by the developer, HOA or other approved entity.
Outlots: Provide for the use, ownership, and maintenance of the outlots in
the subdivision agreement.
Environmental: Noxious Weeds: Nebraska Statute (2-955) states that property owners are
responsible for the control of noxious weeds and to prevent noxious weed
seeds from spreading onto adjoining properties. The applicant will be
required to submit a letter of approval from Douglas County for a Noxious
Weed Plan.
Tree Canopy/Wetlands: The PCSMP and Drainage exhibits show
delineated wetlands in Outlot B with drainage running through lots
45-47. A wetland and waters of the U.S. delineation analysis is required to
be submitted with the final plat. The inclusion of a Threatened and
Endangered Species Evaluation summary from the Nebraska
Conservation and Environmental Review Tool (Nebraska CERT) is
recommended for all wetlands delineation reports.
Much of the existing canopy was planted as farmstead windbreaks. The
tree canopy analysis is acceptable, with one mitigation tree required.
Mitigation trees must be planted within an outlot or common area separate
from detention basin outlots and may not impede maintenance access to
stormwater detention basins.
Emergency
Management:
The applicant will be required to submit a letter from Douglas County
Emergency Management confirming that acceptable emergency warning
is being provided for the area.
Financing: The proposed development will be privately funded.
Land Use and
Planning:
Cluster Development: The applicant’s proposed cluster style of
development for Lots 3-56 and Outlots B-G allows properties to be
clustered or grouped to provide for greater flexibility in design and
development of subdivisions to: (1) produce innovative environments, (2)
provide for more efficient use of land, (3) protect topographical features,
(4) permit common open space, and (5) permit private pedestrian and
vehicular access. Cluster subdivisions allow for exceptions to minimum lot
width and lot area to be reduced below that required for the base zoning
district and that there is no minimum lot depth requirement.
This part of the project proposes a density of approximately 7,900 square
feet per unit, which is acceptable in the R5 District. The R5 District
regulations allow for the Single-family residential (detached) use as
proposed with this portion of the development. The proposed rezoning
from AG to DR and R5 for the single-family lots and outlots is appropriate,
BENNINGTON COTTAGES
Case No.C10-23-221, C12-23-222
PJB
Page: 5
given the Low Density Residential designation for the site in the Omaha
Master Plan.
Cluster subdivisions must comply with Section 55-784, which provides for
exceptions to the normal site development regulations of the base zoning
district, including:
● Perimeter yards (setback) from a public street of the larger of 25 feet
or the required front yard setback for the zoning district.
● Perimeter yards (setback) from any property line forming the
boundary of the subdivision of 20 feet
● Individual cluster lots are exempt from minimum lot area and yard
setbacks although a minimum separation of 6 feet and average of 10
feet shall be established between all residential structures not
attached to each other.
● Individual cluster lots are exempt from minimum building and
impervious coverage and street yard landscaping regulations.
However, the cluster subdivision as a whole, including streets, access
ways and other paved surfaces, must comply with the building and
impervious surface coverages of the R5 District.
The applicant has provided documentation estimating the building and
impervious coverage for the overall development in compliance with the
R5 maximum of 50 percent for building coverage and 60 percent for
impervious coverage.
A minimum 25 foot setback is required for the proposed garages to the
adjacent private ways per Section 55-784 (d)(2) Exceptions to site
development regulations for cluster subdivisions of the Omaha Municipal
Code. The applicant is proposing reducing setbacks for the proposed
garages to the adjacent accessways to approximately 5 feet, noting this is
to discourage residents from parking vehicles in their driveways. A waiver
of this zoning code section can be supported due to the fact that they are
internal to the site and if the development were to be proposed as a single
lot, the site would be in compliance with this zoning regulation. The
applicant must obtain the necessary garage setback waiver from the
Zoning Board of Appeals (prior to submitting for building permit).
A minimum 25 foot setback is required to the adjacent public streets per
Section 55-784 (c)(1), Exceptions to site development regulations for
cluster subdivisions of the Omaha Municipal Code. The applicant is
proposing an approximately 19 foot setback for various structures to the
property lines abutting Chicory and 171st Streets, which are public streets.
A reduction in this setback requirement can be supported as this setback
would be consistent with the standard street yard setback for a single-
family home in the R5 District. The applicant must obtain the necessary
waiver from the Zoning Board of Appeals (prior to submitting for building
permit).
Multi-family Development: The subject site is designated for low-density
residential development in the Future Land Use element of the Omaha
BENNINGTON COTTAGES
Case No.C10-23-221, C12-23-222
PJB
Page: 6
Master Plan. However, the Master Plan allows for groupings of 100 multi-
family units outside of the density corridors and away from the office,
commercial or civic portions of a mixed-use area, provided it is more than
a quarter mile away from the nearest multi-family development. The
subject site is more than a quarter mile away from any adjacent multi-
family development and the R6-zoned portion of the development is 4.1
acres, which would limit the number of possible multi-family units to 89,
per the allowed density in the R6 district. The proposed R6 zoning for Lots
1 and 2 is acceptable.
Existing Structures: The applicant will need to coordinate with the city on
the existing structures being retained within the outlot, the acceptability of
the proposed uses, and the associated language to be included in the final
subdivision agreement. These buildings cannot be used for commercial
purposes.
Street Names: Coordinate with Planning staff on appropriate street names
within the development.
III. ANALYSIS:
Conditionally, the proposed subdivision and rezoning comply with the requirements of
Chapter 53 Subdivisions of the Omaha Municipal Code and the City’s Master Plan.
IV. RECOMMENDATIONS:
Approval of the waiver of Section 53-9(9) Sidewalks, for the proposed privates streets.
Approval of the Preliminary Plat, subject to the following conditions:
1. Place a note on the plat that there shall be no direct access to 168th Street from Lots 1
or 2, and that Chicory Street at 168th Street will be restricted to right-in/right-out only
upon future improvements to 168th Street.
2. Provide traffic calming for all streets longer than 1000’.
3. The on-street parking on Chicory Street must be diagonal.
4. Coordinate with Public Works on the acceptability of the stopping sight distance waiver
request.
5. Construct the Chicory Street approach to 168th Street as a 25’ wide two-lane street
with no median.
6. Dedicate 50’ of ROW along 168th Street.
7. Grant a 115 foot noise attenuation easement along the centerline of 168th Street, and
show the standard easement language on the plat.
8. Provide for the widening of 168th Street along the subdivision’s frontage, as well as the
turn lane and taper for the northbound left turn lane at Chicory Street.
9. Construct the private streets in Outlot C to City standards, per Chapter 53 of Municipal
Code; grant utility and public sanitary sewer easements in the outlot.
10. Coordinate with the Planning and Public W orks Departments on the Complete Streets
Design Guide Design Checklists.
11. Proposed site grades along the eastern boundary of the platting, adjacent to 168th
Street, must be coordinated with the future improvement of the roadway.
12. Obtain all necessary permits from Douglas County.
BENNINGTON COTTAGES
Case No.C10-23-221, C12-23-222
PJB
Page: 7
13. Temporary turn-arounds must be provided at the terminus of all temporarily dead-
ended streets.
14. A provision must be included in the subdivision agreement that assigns responsibility
for the routine maintenance and snow removal of the parking areas located on public
right-of-way.
15. If Bennington Cottages Addition will not be located in a Sanitary Improvement District,
a maintenance agreement will be required.
16. Construct public sanitary sewers to serve each lot.
17. Submit the 30% design report for the sanitary sewer to the Public Works Design
Division per Section 2.14 of the City’s Wastewater Collection Systems Design Manual.
18. Storm sewer design computations and final plans must be submitted to the Douglas
County Engineer’s office for review
19. Sidewalks must be constructed along all public streets, including along the
subdivision’s 168th Street frontage.
20. OPPD has existing single phase overhead. Coordinate with OPPD for removal or
relocation.
21. Receive preliminary approval of the PCSMP from Public Works prior to the application
for final plat approval; upload the drainage study and preliminary plans to Permix.
22. The development must comply with all applicable stormwater management ordinances
and policies.
23. Coordinate with the adjacent SIDs to make improvements to park area #18. Contact
the City of Omaha Park’s department for additional assistance.
24. Trails and/or open space constructed within the development that are not part of the
suburban park master plan shall be privately constructed and maintained by the
developer, HOA or other approved entity.
25. Provide for the use, ownership, and maintenance of the outlots in the subdivision
agreement.
26. Submit a letter of approval from Douglas County for a Noxious Weed Plan.
27. Submit a wetland and waters of the U.S. delineation analysis along with a mitigation
plan, if necessary.
28. Submit an acceptable tree mitigation planting plan.
29. Submit a letter from Douglas County Emergency Management confirming that
acceptable emergency warning is being provided for the area.
30. Obtain the necessary setback waivers for the cluster lots from the Zoning Board of
Appeals (prior to submitting for building permit).
31. Coordinate with the city on the existing structures being retained within the outlot, the
acceptability of the proposed uses, and the associated language to be included in the
final subdivision agreement.
32. Coordinate with Planning staff on appropriate street names within the development.
V. ATTACHMENTS:
Preliminary Plat
Site Plan
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OUTLOT A
0.57 ACRES
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5
6 7 8 9 10 11 12
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OUTLOT E
0.45 ACRES
15
18 19 21
22
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OUTLOT F
0.48 ACRES
25
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31
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OUTLOT G
0.39 ACRES
28
OUTLOT D
1.68 ACRES
OUTLOT C
1.67 ACRES
LOT 1
1.58 ACRES
LOT 2
2.52 ACRES
54
55
56
OUTLOT B
1.84 ACRES
Preliminary Plat
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thompson, dreessen & dorn er, inc.
10836 Old Mill Rd
Omaha, NE 68154
p.402.330.8860 www.td2co.com
Project Name
Professional Seal
Revision Dates
Sheet Title
No. Description MM-DD-YY
Client Name
Drawn By: Reviewed By:
Job No.: Date:
Sheet Number
dba: TD2 Engineering & Surveying
NE CA-0199
Project Location
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1523-126 08-07-23
RBR MEM
10650 N 168th Street
Bennington, NE 68007
ne1call.comNebraska
Know what's below.Call before you dig.
Bennington
Cottages
168th Cottages LLC
PROGRESS PRINT
NOT TO BE USED FOR
CONSTRUCTION
DATE PRINTED:August 7, 2023
0' 30' 60'
Exhibit A
BENNINGTON COTTAGES
LOTS 1 THROUGH 56 AND
OUTLOTS A THROUGH G
DOUGLAS COUNTY, NEBRASKA
LEGAL DESCRIPTION
NOTES
ENGINEERSUBDIVIDER
LEGEND
PROJECT LOCATION
VICINITY MAP
16
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OUTLOT A
0.57 ACRES
16
17
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6 7 8 9 10 11 12
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OUTLOT E
0.45 ACRES
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OUTLOT F
0.48 ACRES
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OUTLOT G
0.39 ACRES
28
OUTLOT D
1.68 ACRES
OUTLOT C
1.67 ACRES
LOT 1
1.58 ACRES
LOT 2
2.52 ACRES
54
55
56
OUTLOT B
1.84 ACRES
Development
Layout
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thompson, dreessen & dorn er, inc.
10836 Old Mill Rd
Omaha, NE 68154
p.402.330.8860 www.td2co.com
Project Name
Professional Seal
Revision Dates
Sheet Title
No. Description MM-DD-YY
Client Name
Drawn By: Reviewed By:
Job No.: Date:
Sheet Number
dba: TD2 Engineering & Surveying
NE CA-0199
Project Location
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1523-126 08-07-23
RBR MEM
10650 N 168th Street
Bennington, NE 68007
ne1call.com
Nebraska
Know what's below.
Call before you dig.
Bennington
Cottages
168th Cottages LLC
PROGRESS PRINT
NOT TO BE USED FOR
CONSTRUCTION
DATE PRINTED:August 10, 2023
0' 30' 60'
Exhibit A-1
CLUSTER SUBDIVISION COVERAGE AREAS
CLUSTER SUBDIVISION AREA = 499,769 SF OR 11.47 ACRES
IMPERVIOUS AREA = 210,521 SF OR 4.83 ACRES
IMPERVIOUS PERCENTAGE = 42%
PERVIOUS AREA = 289,248 SF OR 6.64 ACRES
PERVIOUS AREA = 58%
PROPOSED ZONING IS R5
MAXIMUM IMPERVIOUS AREA FOR R5 = 60%, THEREFORE ADEQUATE.
BENNINGTON COTTAGES
LOTS 1 THROUGH 56 AND
OUTLOTS A THROUGH G
DOUGLAS COUNTY, NEBRASKA
LEGAL DESCRIPTION
NOTES
ENGINEERSUBDIVIDER
LEGEND
PROJECT LOCATION
VICINITY MAP
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18. C10-23-221
C12-23-222
Jasper Stone Partners
REQUEST: Preliminary Plat approval of BENNINGTON
COTTAGES, a cluster subdivision outside
city limits, with rezoning from AG to DR, R5,
and R6, along with a waiver to Sections 53-8,
Site Stopping Distance, and 53-9(9),
Sidewalks
LOCATION: Southwest of 168th and Abigail Streets
At the Planning Board meeting held September 6, 2023, Bradley Huyck, 10836 Old Mill Road, TD2
Engineering, appeared before the Board on behalf of the applicant.
DJ Hinman, 16820 Frances Street Suite 206, appeared before the Board. Mr. Hinman stated that this
property was a tree farm. He stated that they plan to keep the trees and grading.
In response to Mr. Pate, Mr. Hinman stated that this is a single-family detached project with homes that are
smaller in scale. He stated the homes will be 700 to 1000 square feet.
Jared Kutschara, 107 Abigail Street, appeared before the Board. Mr. Kutschara stated his concerns are
lights, privacy, and noise.
Eric Englund, Assistant Director, appeared before the Board on behalf of the Planning Department. Mr.
Englund stated that the Preliminary Plat is also a cluster subdivision. He stated that the site is 18 ½ acres,
54 lots, two multi-family lots, seven outlots. He discussed the public right-of-way streets and private streets
going through the proposed plan. Mr. Englund further detailed the unique layout of the cluster subdivision
in regards to the types of waivers being requested including the sidewalk waiver for the internal private
street. He stated that Public Works will continue to coordinate with the development team on the stopping
site distance waiver which will be a continued item. Mr. Englund also stated that there are some outstanding
items standard with a Preliminary Plat i ncluding a full Wetlands analysis and items that need the Zoning
Board of Appeals regarding setback waivers as it relates to the cluster subdivision. He stated that there will
need to be coordination on final language regarding the request to preserve the outbuildings for community
use. He briefly touched on the multi-family use portion of the plan stating that it is Master Plan compliant.
Mr. Englund stated that staff recommends approval of the waiver of Section 53-9(9) Sidewalks, for the
proposed privates streets, approval of the rezoning from AG to DR, R5, and R6, and approval of the
Preliminary Plat, subject to the 32 conditions in the report.
Mr. Pate motioned for approval of the waiver of Section 53-9(9) Sidewalks, for the proposed privates streets,
approval of the rezoning from AG to DR, R5, and R6, and approval of the Preliminary Plat, subject to the
following conditions:
1. Place a note on the plat that there shall be no direct access to 168th Street from Lots 1 or 2, and
that Chicory Street at 168th Street will be restricted to right-in/right-out only upon future
improvements to 168th Street.
2. Provide traffic calming for all streets longer than 1000’.
3. The on-street parking on Chicory Street must be diagonal.
4. Coordinate with Public Works on the acceptability of the stopping sight distance waiver request.
5. Construct the Chicory Street approach to 168th Street as a 25’ wide two-lane street with no median.
6. Dedicate 50’ of ROW along 168th Street.
7. Grant a 115 foot noise attenuation easement along the centerline of 168th Street, and show the
standard easement language on the plat.
8. Provide for the widening of 168th Street along the subdivision’s frontage, as well as the turn lane
and taper for the northbound left turn lane at Chicory Street.
9. Construct the private streets in Outlot C to City standards, per Chapter 53 of Municipal Code; grant
utility and public sanitary sewer easements in the outlot.
10. Coordinate with the Planning and Public Works Departments on the Complete Streets Design
Guide Design Checklists.
11. Proposed site grades along the eastern boundary of the platting, adjacent to 168th Street, must be
coordinated with the future improvement of the roadway.
12. Obtain all necessary permits from Douglas County.
13. Temporary turn-arounds must be provided at the terminus of all temporarily dead-ended streets.
14. A provision must be included in the subdivision agreement that assigns responsibility for the routine
maintenance and snow removal of the parking areas located on public right-of-way.
15. If Bennington Cottages Addition will not be located in a Sanitary Improvement District, a
maintenance agreement will be required.
16. Construct public sanitary sewers to serve each lot.
17. Submit the 30% design report for the sanitary sewer to the Public Works Design Division per
Section 2.14 of the City’s Wastewater Collection Systems Design Manual.
18. Storm sewer design computations and final plans must be submitted to the Douglas County
Engineer’s office for review
19. Sidewalks must be constructed along all public streets, including along the subdivision’s 168th
Street frontage.
20. OPPD has existing single phase overhead. Coordinate with OPPD for removal or relocation.
21. Receive preliminary approval of the PCSMP from Public Works prior to the application for final plat
approval; upload the drainage study and preliminary plans to Permix.
22. The development must comply with all applicable stormwater management ordinances and
policies.
23. Coordinate with the adjacent SIDs to make improvements to park area #18. Contact the City of
Omaha Park’s department for additional assistance.
24. Trails and/or open space constructed within the development that are not part of the suburban park
master plan shall be privately constructed and maintained by the developer, HOA or other approved
entity.
25. Provide for the use, ownership, and maintenance of the outlots in the subdivision agreement.
26. Submit a letter of approval from Douglas County for a Noxious Weed Plan.
27. Submit a wetland and waters of the U.S. delineation analysis along with a mitigation plan, if
necessary.
28. Submit an acceptable tree mitigation planting plan.
29. Submit a letter from Douglas County Emergency Management confirming that acceptable
emergency warning is being provided for the area.
30. Obtain the necessary setback waivers for the cluster lots from the Zoning B oard of Appeals (prior
to submitting for building permit).
31. Coordinate with the city on the existing structures being retained within the outlot, the acceptability
of the proposed uses, and the associated language to be included in the final subdivision
agreement.
32. Coordinate with Planning staff on appropriate street names within the development.
Mr. Sotolongo seconded the motion which carried 7-0.
SUBJECT AREA IS SHADED - SEPTEMBER 2023
AG
AG
N 1
71s
t
S
t
N
172nd
St
N 169th StSophia St
Be nja min S t
Abigail St
N
1
69t
h
Ave
N
170t
h
St
N 171st Ave
Cora St
N 168th St
R6
DR
DR
R5
R5
R5
R5
R5 R5
±0 1,300
Feet
18CASE:C10-23-221, C12-23-222APPLICANT:Jasper Stone PartnersREQUEST:Preliminary Plat approval of BENNINGTON COTTAGES, a cluster subdivisionoutside city limits, with rezoning from AG to DR, R5, and R6, along with a waiver toSections 53-8, Site Stopping Distance, and 53-9(9), SidewalksLOCATION:Southwest of 168th and Abigail Streets