Page 1 – Special Permit #19043

COMPATIBILITY WITH THE COMPREHENSIVE PLAN This request is in conformance with the future land use plan of the 2040 Comprehensive Plan. With the 100 feet setback there is no impact on adjacent land uses. KEY QUOTES FROM THE 2040 COMPREHENSIVE PLAN

P. 12.3 - this site is shown as future agricultural on the 2040 Lincoln Area Future Land Use Plan. P. 12.6 – this site is in Tier III. P.12.9 – Tier III provides an approximately 131 square mile area for Lincoln’s longer term growth potential-beyond 44 years. Little active planning of utilities or service delivery is likely to occur in the near term in Tier III. However, it should also remain in its present use in order to provide for future development.

LINCOLN/LANCASTER COUNTY PLANNING COMMISSION STAFF REPORT FROM THE LINCOLN/LANCASTER COUNTY PLANNING DEPARTMENT, 555 S. 10TH STREET, SUITE 213, LINCOLN, NE 68508

APPLICATION NUMBER Special Permit #19043

FINAL ACTION? Yes

DEVELOPER/OWNER Glacier Park, LLC

PLANNING COMMISSION HEARING DATE October 2, 2019

RELATED APPLICATIONS None

PROPERTY ADDRESS/LOCATION 4201 NW 70th Street

RECOMMENDATION: CONDITIONAL APPROVAL

BRIEF SUMMARY OF REQUEST This is a request for a special permit per LMC 27.63.250 for a permitted use to exceed the maximum height of the AG District for two towers. The towers are 60 feet tall and would be used for recreational purposes. The towers will be setback a minimum of 100 feet from all property lines.

JUSTIFICATION FOR RECOMMENDATION This site is in Tier III and is shown to remain agricultural in the 2040 Lancaster County Future Land Use Plan. Personal recreation is the primary use of the land and the towers are for recreational purposes. The towers will not impact any future growth of the City to the east.

APPLICATION CONTACT Ann Post, 402-475-1075 apost@baylorevnen.com STAFF CONTACT Tom Cajka, (402) 441-5662 or tcajka@lincoln.ne.gov

Page 2 – Special Permit #19043

ANALYSIS

1. This request is to exceed the maximum height for permitted uses. The proposed use is for two towers that are 60 feet in height. The towers will have a 100 feet setback to all property lines. The height limit in the AG District is 35 feet.

2. The applicant states that the towers would be used as deer stands for hunting on the property. Although the intended use is for a deer stand, the special permit does not prohibit the towers being used for other recreational purposes. The towers came from the former state fairgrounds race track and were moved to this site. The applicant does not want to shorten or alter the towers which are a little less than 60 feet in height.

3. The towers are considered accessory buildings. The definition of Accessory Building is “An accessory building is a subordinate building or a portion of the main building, the use which is incidental to that of the main building or to the main use of the premises.” The towers are accessory to the main use which is Personal Recreation. Personal Recreation could include uses such as hiking, fishing, or other forms of personal enjoyment for a person, family and friends. Currently, there is no dwelling unit on the property.

4. Section 27.06.020(c)(2) of the Lincoln Zoning Ordinance states that no accessory building shall be constructed upon a lot until the construction of the main building has been commenced. The main building is located in the northeast corner of the site and is used for recreational purposes.

5. This site is within the Lincoln Airport turning zone. This application was reviewed by the Lincoln Airport and they had no concerns. A separate airport height permit and building permit will still be required prior to the installation of the towers.

CONDITIONS OF APPROVAL: See attached. EXISTING LAND USE & ZONING: AG-Agriculture Open space SURROUNDING LAND USE & ZONING

North: AG-Agriculture Farm ground South: AG-Agriculture Farm ground East: AG-Agriculture Farm ground and LES substation. West: AG-Agriculture Farm ground and acreage lots APPROXIMATE LAND AREA: 159 acres, more or less LEGAL DESCRIPTION: Lot 37 Irregular Tract locate in the NE1/4 of Section 11, Township 10 North, Range 5 East and Lots 15 and 17 Irregular Tracts in Section 2, Township 10 North, Range 5 East, all located in Lancaster County, NE. Prepared by ___________________________ Tom Cajka, Planner Date: September 17, 2019 Applicant: Ann Post Baylor Evnen 1248 “O” Street, Suite 600 Lincoln, NE 68508 402-475-1075 apost@baylorevnen.com Contact: Same as applicant

Page 3 – Special Permit #19043

Owner: Glacier Park LLC One Talent Plus Way Lincoln, NE 68506 F:\DevReview\SP\19000\Sp19043 towers.tjc.docx

Page 4 – Special Permit #19043

CONDITIONS OF APPROVAL – SPECIAL PERMIT #19043

Per Section 27.63.250 for Permitted Uses Exceeding the Maximum Height Permitted in the District, this approval allows permitted accessory uses up to 60 feet in height, provided those over 35 feet in height are setback a minimum of 100 feet from all property lines. Site Specific Conditions: 1. Before receiving building permits the permittee shall cause to be prepared and submitted to the Planning

Department a revised and reproducible final plot plan including 3 copies with all required revisions and documents as listed below:

1.1 Revise the note on the site plan to read, “Accessory structures over the district height up to 60 feet are not allowed within 100 feet of the property line.”

2. Before receiving building permits provide the following documents to the Planning Department:

2.1 Verification from the Register of Deeds that the letter of acceptance as required by the approval of the special permit has been recorded.

Standard Conditions: 3. The following conditions are applicable to all requests:

3.1 Before occupying the buildings all development and construction shall substantially comply with the approved plans.

3.2 The physical location of all setbacks and yards, buildings, parking and circulation elements, and similar matters be in substantial compliance with the location of said items as shown on the approved site plan.

3.3 The terms, conditions, and requirements of this resolution shall run with the land and be binding upon the Permittee, its successors and assigns.

3.4 The applicant shall sign and return the letter of acceptance to the City Clerk. This step should be completed within 60 days following the approval of the special permit. The City Clerk shall file a copy of the resolution approving the special permit and the letter of acceptance with the Register of Deeds, filing fees therefor to be paid in advance by the applicant. Building permits will not be issued unless the letter of acceptance has been filed.

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File: F:\DevReview\PlannerPacket\MXD\Agendadrawings.mxd (SP19043)

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2018 aerial

Two Square Miles:Sec.02 T10N R05ESec.11 T10N R05E

Zoning:R-1 to R-8AGAGRO-1O-2O-3R-TB-1B-2B-3B-4B-5H-1H-2H-3H-4I-1I-2I-3P

Residential DistrictAgricultural DistrictAgricultural Residential DistrictOffice DistrictSuburban Office DistrictOffice Park DistrictResidential Transition DistrictLocal Business DistrictPlanned Neighborhood Business DistrictCommercial DistrictLincoln Center Business DistrictPlanned Regional Business DistrictInterstate Commercial DistrictHighway Business DistrictHighway Commercial DistrictGeneral Commercial DistrictIndustrial DistrictIndustrial Park DistrictEmployment Center DistrictPublic Use District

Zoning Jurisdiction Lines

Area of Application

Lancaster County Jurisdiction

PDF: F:\Boards\PC\Internet\out\

Special Permit #: SP19043NW 70th St & W Superior St