Resolution SUP – Hibbitts June 2017

BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA

RESOLUTION: SPECIAL USE PERMIT – Robert Kyle Hibbitts Lot 12 Meadow Oaks Replat 1, (20407 Meadow Ridge Drive) Sarpy County, Nebraska

WHEREAS, pursuant to Neb. Rev. Stat. § 23-104, the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; and,

WHEREAS, pursuant to Neb. Rev. Stat. § 23-103, the powers of the County as a body are exercised by the County Board; and,

WHEREAS, the County Board of Commissioners has the authority to adopt a Zoning Regulation, which shall have the force and effect of law pursuant to Neb. Rev. Stat.' 23-114; and,

WHEREAS, said Zoning Regulations require the County Board of Commissioners to approve Special Use Permits; and

WHEREAS, the Planning Department has reviewed the Robert Kyle Hibbitt’s Special Use Permit application to allow operation of a Home Occupation I (Major) involving the repair, refinishing, custom build and sale of new and used firearms from a personal residence on the property located at 20407 Meadow Ridge Drive and legally described as follows hereinafter the “Property”:

Lot 12, Meadow Oaks Replat 1 as surveyed, platted and recorded in Sarpy County, Nebraska.

NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF COMMISSIONERS that this Board makes the following findings of fact:

I. A public hearing regarding the Special Use Permit was held before the Sarpy County Planning Commission on May 16, 2017 and further, the Planning Commission gave their recommendation.

II. A public hearing regarding the Special Use Permit was held by this Board.

III. Notice of each of the Public Hearings described above was published at least ten (10)days prior to each respective public hearing.

IV. The Planning Department has made a recommendation as noted in the attachedExhibit “A”, which Exhibit “A” includes the Planning Department report, theoperation plan, the Site Plan and an aerial view of the subject property.

V. The zoning at the property described above is zoned RE 1, Residential Estates 1.

2017-200

Resolution SUP – Hibbitts June 2017

VI. The Special Use Permit is in compliance with the Comprehensive Development Planand the Sarpy County Zoning Regulations.

VII. The performance standards set out at Section 41.5 of the Sarpy County ZoningRegulations have been met.

FURTHER BE IT RESOLVED THAT this Board in light of the above recited findings of fact, after due deliberation and consideration, approves the Special Use Permit application for operation of a Home Occupation I (Major) involving the repair, refinishing, custom build and sale of new and used firearms from a personal residence subject to the following conditions:

1. The applicant remain consistent with the operation plan/business plan submitted with theapplication.

2. Hours of operation for customers without appointments shall be 6PM – 10PM Tuesday-Thursday and 8AM to 5PM on Saturday. All other times for customers shall be byappointment only.

3. The applicant and his wife will be the only employees and both shall reside at the Property.

4. No external evidence of the home occupation is allowed except for customer vehicles andsignage as allowed by section 35.11.14 of the Sarpy County Zoning Regulations.

5. No radio, television, newspaper, handbills, internet or similar types of advertising linkingthe Property with the home occupation shall be allowed.

6. Any on-site operations of the home occupation shall be carried on entirely within theprincipal structure or detached accessory structure on the Property. Discharging of firearmsby customers on the Property is prohibited.

7. Any firearm inventory kept on the Property shall be locked in a gun safe.

8. The applicant provide the Sarpy County Planning Department with a copy of theapplicant’s approved Federal Firearm License and any other required BATFE permits orlicenses within 60 days following the date of the County Board signature set out below.

The above Resolution was approved by a vote of the Sarpy County Board of Commissioners at a public meeting duly held in accordance with applicable law on the ___ day of _______________, 2017.

Attest SEAL

___________________________ _______________________________ Sarpy County Board Chairman County Clerk

13thJune

Sarpy County Board of Commissioners Exhibit “A”

Planning Department Report County Board Meeting Date: June 13, 2017

I. GENERAL INFORMATION

A. APPLICANT: Robert Kyle Hibbitts 20407 Meadow Ridge Dr Springfield, NE 68059

B. SUBJECT PROPERTY OWNER: Robert Kyle Hibbitts 20407 Meadow Ridge Dr Springfield, NE 68059

C. SUBJECT PROPERTY LOCATION: South of Cornish Road on Meadow Ridge Drive.

D. LEGAL DESCRIPTION: Lot 12, Meadow Oaks Replat 1 as surveyed, platted and recorded in Sarpy County, Nebraska.

E. SUBJECT PROPERTY SIZE: 1.9 acres

F. EXISTING FUTURE LAND USE AND ZONING DESIGNATIONS: Future Land Use Designations: Conservation Residential Zoning: RE1 (Residential Estates)

G. REQUESTED ACTION(S): To approve a Special Use Permit for a Home Occupation I (major) to allow for the repair, refinishing, custom build and sale of new and used firearms from a personal residence.

H. Purpose of Request: Any business or use operated from a residence involving customer visits to the location is considered to be a Home Occupation I (major) as defined in Section 44 of the Sarpy County Zoning Regulations and requires an approved Special Use Permit (SUP) prior to commencing such business or use.

II. BACKGROUND INFORMATION

A. EXISTING CONDITION OF SITE: The site is improved with a 1200 square foot single-family home with a 672 square foot attached garage. An 865 square foot detached garage is located approximately 75 feet behind the dwelling towards the rear of the property.

B. SURROUNDING AREA CURRENT ZONING AND LAND USE DESIGNATIONS Residential Estate acreage development and open agricultural land.

Subject Type By

To approve a Special Use Permit (SUP) to allow for a Home Occupation I (major) in the RE1 Zoning District located at 20407 Meadow Ridge Drive, Lot 12, Meadow Oaks Replat 1.

Public

Hearings and

Resolutions

Donna Lynam, CFM Assistant Director,

Planning & Building

C. RELEVANT CASE INFORMATION: Applicant’s Operational Plan states he wishes to repair, refurbish, and custom build

firearms as well as sell new and used firearms on his property. Hours of operation are Monday 6 pm to 10 pm and Thursday 8 am to 8 pm. All other

times by appointment only. As a structured service business, walk-in customers would be very limited with the

majority of the firearms being delivered and picked–up in person by reservation or via shipment with a package delivery carrier.

D. APPLICABLE REGULATIONS: Sarpy County Zoning Regulations:

- Section 13, RE1 Residential Estates District - Section 35.12 Home Occupations - Section 41 Special Use Permits - Section 44 Definitions - Home Occupations

III. ANALYSIS / STAFF COMMENTS

A. COMPREHENSIVE PLAN:

The Comprehensive Plan shows the area as Conservation Residential

B. TRAFFIC AND ACCESS: Access to the subject property is off of Meadow Oaks Blvd within the Meadow Oaks

Subdivision.

C. OTHER AGENCY REVIEW/COMMENTS: The applications were sent to area jurisdictional agencies or departments that may have an interest. At the time of this staff report, no comments were received by Staff in regards to the application.

D. PUBLIC NOTIFIATION AND PUBLIC COMMENTS: Notice of the public hearing for this application was published in area newspapers,

notification letters also were sent out to property owners within 300 feet of the subject property, and the subject property was posted with a sign indicating a zoning action was pending on it. At the time of this staff report, no inquiries or comments have been received by Staff in

regards to the application.

E. GENERAL COMMENTS: The applicant and his wife will be the only employees and both must reside at the

residence. Hours of operation would be 6 pm to 10 pm Tuesday – Thursday and 8AM to 5 pm on

Saturday. All other times by appointment only. A copy of the FFL License issued to the applicant will need to be filed with the Sarpy

County Planning and Building Department within 60 days following the date of approval by County Board. No external evidence of the home occupation is allowed except for customer vehicles

and signage as allowed by Section 35.12.4 of the Sarpy County Zoning Regulations. Advertising displays and devises displayed through a window of the building shall not

be permitted. There shall be no radio, television, newspaper, handbills, internet or similar types of

advertising linking the address of the dwelling premises with the home occupation Any on-site operations of the home occupation shall be carried on entirely within the

principal structure or detached accessory structures on the property. Discharging of firearms on site in conjunction with the business will be prohibited.

Staff recommends any firearms inventory kept on the premises shall be locked in a gun safe.

IV. PLANNING COMMISSION RECOMMENDATION: The Planning Commission held public hearings on these applications at their May 16, 2017 meeting and recommended APPROVAL to the County Board.

MOTION: Sotak moved, seconded by Lichter, to recommend Approval of the Special Use Permit for a Home Occupation I (major) to allow for the repair, refurbish, custom build and sell of new and used firearms from the personal residence located at 20407 Meadow Ridge Drive, Springfield, NE pursuant to the general comments made by the Planning Department and included in their Recommendation Report. This recommendation is being made as the Special Use Permit is in conformance with the Sarpy County Zoning Regulations. Ballot: Ayes – Torczon, Sotak, George, Whitfield, Ackley, Huddleston, Giff, and Lichter. Nays: Malmquist. Absent: Davis and Korth. Motion carries.

V. STAFF RECOMMENDATIONS:

Staff recommends APPROVAL of a Special Use Permit for a Home Occupation I (major) to allow for the repair, refurbish, custom build and sell of new and used firearms from the personal residence located at 20407 Meadow Ridge Drive, Springfield, NE pursuant to the Operational Plan submitted and the attached staff report. Staff makes this recommendation as the request is in conformance with the Sarpy County Zoning Regulations.

VI. ATTACHMENTS TO REPORT: 1. Business Plan 2. Current Zoning Map 3. Current Development Structure Plan – Figure 5.1 of Comprehensive Plan

(showing subject property area)

VII. COPIES OF REPORT SENT TO: 1. Robert Kyle Hibbitts (owner and applicant) 2. Public Upon Request

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20407 Meadow Ridge Drive – Lot 12, Meadow Oaks Replat 1Special Use Permit

Subject Property(Outlined in red)

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Mixed Use

Mixed Use Center

New Richfield Village

Park/School Site

Pflug Interchange Development

Residential - Community Systems

Urban Residential

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City Limit

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Highway Corridor Overlay

Comprehensive Development PlanFigure 5.1: Development Structure PlanSarpy County, NebraskaLegend

Amended 6-11-2015

0 0.1 0.20.05 Miles

20407 Meadow Ridge Drive – Lot 12, Meadow Oaks Replat 1Special Use Permit

Subject Property Outlined in blue(Conservation Residential)