2017-240 BOARD OF COUNTY COMMISSIONERS SARPY … · BOARD OF COUNTY COMMISSIONERS SARPY COUNTY,...
Transcript of 2017-240 BOARD OF COUNTY COMMISSIONERS SARPY … · BOARD OF COUNTY COMMISSIONERS SARPY COUNTY,...
Resolution Special Use Permit – Lighthouse Bar and Grill –July 2017
BOARD OF COUNTY COMMISSIONERS SARPY COUNTY, NEBRASKA
RESOLUTION: SPECIAL USE PERMIT FOR G.G.P. 8, INC. d/b/a LIGHTHOUSE BAR AND GRILL.
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 thereto; and
WHEREAS, G.G.P. 8, Inc. (d/b/a Lighthouse Bar and Grill) has applied for a Special Use Permit for a sidewalk café or restaurant having an outdoor area where alcohol will be served and or consumed in the BG (General Business) Zoning District in compliance with the Sarpy County Comprehensive Plan and the Sarpy County Zoning Regulations on the property located at 10215 S 168th Ave. and legally described as follows:
Lot 1, Tiburon Point as surveyed, platted and recorded in Sarpy County, NE.
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 Application was held before the Sarpy County Planning Commission on June 20, 2017 and further, the Planning Commission gave their recommendation.
II. A public hearing regarding the Special Use Permit Application was held by thisBoard.
III. Notice of each of the Public Hearings described above was published at least once inthe ten (10) day period immediately prior to each respective public hearing asrequired by Neb. Rev. Stat. §23-164, and the proof of publication has been filed in theOffice of the Sarpy County Clerk.
IV. The Planning Director has made a recommendation as noted in the attached Exhibit“A”, which Exhibit “A” includes his report.
2017-240
Resolution Special Use Permit – Lighthouse Bar and Grill –July 2017
V. The Special Use Permit Application is in compliance with the Comprehensive Development Plan.
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 for a sidewalk café or restaurant having an outdoor area where alcohol will be served and or consumed in the BG (General Business) Zoning District, on the above described property, subject to the following conditions:
1. Hours of operation will be Monday through Sunday 11:00 am to 2:00 am.2. Proposed patio seating area approximately 19’ x 26’ will be fenced with rod iron
fencing meeting requirement of the Nebraska State Liquor laws.3. There will be no live music on the patio, recorded music from jukebox or TV
coverage for sporting events may be played through 2 small speakers located onpatio with same audio from inside but at a lower level.
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
11th July
Sarpy County Board of Commissioners Exhibit “A”
Planning Department Report County Board Meeting Date: July 11, 2017
I. GENERAL INFORMATION
A. APPLICANT: G.G.P. 8, Inc. 10215 S 168th Ave, Suite 201 Omaha, NE 68136
B. PROPERTY OWNER:
Tiburon Point – Lynch LLC 16808 Willow Street Omaha, NE 68136
C. SUBJECT PROPERTY LOCATION: Subject property located on 168th Street, south of
Cheyenne Road.
D. LEGAL DESCRIPTION: Lot 1, Tiburon Point as surveyed, platted and recorded in Sarpy County, NE.
E. SUBJECT PROPERTY SIZE: approximately 1.87 acres
F. EXISTING FUTURE LAND USE AND ZONING DESIGNATIONS: Future Land Use Designations: Park and School Site (already developed as a
commercial area). Zoning: BG (General Business)
G. REQUESTED ACTION(S):
To approve a Special Use Permit to allow for a sidewalk café or restaurant having an outdoor area where alcohol will be served and or consumed in the BG (General Business) Zoning District.
H. PURPOSE OF REQUEST: Pursuant to Sarpy County Zoning Regulations, Section 20.2.9 a sidewalk café or restaurant having an outdoor area where alcohol will be served and or consumed is required to get a Special Use Permit for such activity. The Lighthouse Bar and Grill will be occupying three bays in a newly constructed building and they will have a 19’x 26’ outdoor seating area.
Subject Type By
To approve a Special Use Permit to allow a sidewalk café or restaurant having an outdoor area where alcohol will be served and or consumed for the Lighthouse Bar and Grill located at 10215 S 168th Ave.
Public
Hearings and Resolutions
Donna Lynam, CFM Assistant Director,
Planning & Building
II. BACKGROUND INFORMATION A. EXISTING CONDITION OF SITE: The site is currently being improved with a
commercial building and The Lighthouse Bar and Grill is completing a tenant finish on three of the seven bays.
B. GENERAL VICINITY – FUTURE LAND USE (FLU) AND CURRENT ZONING (CZ)
DIRECTION
FROM SUBJECT
PROPERTY
FUTURE LAND USE
DESIGNATION (reference attached map)
CURRENT ZONING
DESIGNATION (reference attached map)
SURROUNDING DEVELOPMENT
NORTH Mixed Use Center BG Tiburon Village
SOUTH Urban Residential RE1 Tiburon Estates
EAST Urban Residential RS-100 Cheyenne Country Estates
WEST Park and School Site BG/AG Tiburon Village/Tiburon Driving Range
AG = Agricultural RE1 = Residential Estates 1 Acre RS-100 = Single-Family Residential BG = General Business
C. RELEVANT CASE INFORMATION: Lighthouse Bar and Grill at Tiburon Point will be a sports bar and grill serving food and
drinks Hours of operation will be Monday through Sunday 11:00 am to 2:00 am Proposed patio seating area approximately 19’ x 26’ will be fenced with rod iron
fencing meeting requirement of the Nebraska State Liquor laws. There will be no live music on the patio, recorded music from jukebox or TV coverage
for sporting events may be played through 2 small speakers located on patio with same audio from inside but at a lower level.
D. APPLICABLE REGULATIONS: Sarpy County Comprehensive Development Plan Sarpy County Zoning Regulations:
Section 20, General Business District Section 41, Special Use Permits
III. ANALYSIS / STAFF COMMENTS
A. COMPREHENSIVE PLAN: The Comprehensive Plan shows the area as Park and School Site but it is already
improved as a commercial retail development area.
B. TRAFFIC AND ACCESS: Access to the subject property is from 168th Avenue via Cheyenne Road.
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 or objections to the application had been received.
D. GENERAL COMMENTS:
Applicant has applied to the State of Nebraska for a liquor license but was not aware of the regulations requiring a SUP for outdoor alcohol sales in the BG District. Proposed use is allowed by SUP in BG Zoning District.
IV. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended approval of the Change of Zone and Special Use Permit applications at their June 20, 2017 meeting by a vote of 10-0.
MOTION: Malmquist moved, seconded by Korth to recommend APPROVAL of the Special Use Permit to allow for a sidewalk café or restaurant with outdoor alcohol sales in the BG (General Business) Zoning District pursuant to the staff report and operational plan submitted. This recommendation is being made as the request is in conformance with the Sarpy County Zoning Regulations. Ballot: Ayes – Torczon, Sotak, Davis, George, Whitfield, Ackley, Huddleston, Giff, Korth, and Malmquist. Nays: None. Absent: Lichter. Motion carries.
V. STAFF RECOMMENDATIONS:
Staff recommends APPROVAL of the Special Use Permit to allow for a sidewalk café or restaurant having an outdoor area where alcohol will be served and or consumed in the BG (General Business) Zoning District pursuant to the staff report and operational plan submitted. Staff makes this recommendation as the request is consistent with the Sarpy County Zoning Regulations.
VI. ATTACHMENTS TO REPORT:
1. Site Plan 2. Operational Plan 3. Current Zoning Map 4. Current Development Structure Plan – Figure 5.1 of Comprehensive Plan
(showing subject property area)
VII. COPIES OF REPORT SENT TO: 1. G.G.P.8, Inc. (applicant) 2. Tiburon Point – Lynch LLC (owner) 3. Public Upon Request
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RE1
RS-100
RE1
BGRD-50
RD-50
BG
RE1
AG
AGC
inna
mon
Dr
S 16
6th
St
S 170th Cir
Cypress St
Oakmont St
Cheyenne Rd
Colony Dr
S16
5th
St
S 171st St
S 16
8th
St
S 172nd Cir
Cornhusker Rd
LongbowLoop
S 168th Ave
Cany
on
Trl
S 168th Ave
Vicinity Map - Current Zoning
BellevuePapillionLa Vista
Gretna
Springfield
Vicinity Map – Current Zoning10215 S 168th Avenue – Lot 1 Tiburon PointSpecial Use Permit
Subject Property(Outlined in red)
Cornhusker Rd
S 16
1st S
t
Co lony DrChutney Dr
S163r d
S t
S170th
Cir
S16
3rd
Ave
S 17
3rd
St
Cypress St
S16 4th St
Ridgemont St
Cinn
amon Dr
S16
5th
St
S175th
Cir
Cheyenne Rd
S172nd
St
Sedona St
S 16
6th
St
S172nd
Cir
S17
3rd
Ave
Riviera Dr
Ridge
mont CirLo
ngbow Loop
Fairway DrS
1 68thAve
Canyon Trl
S16
2nd S
t
S17
3rd
Cir
Sage St
S 16
8th
St
Current FLU - Sarpy Co
Land Use ProposedBellevue Future Growth
Business Park
Civic
Conservation Residential
Estate Residential
Greenway
Industrial
Light Industrial/Storage
Long Term Residential Growth
Mixed Use
Mixed Use Center
New Richfield Village
Park/School Site
Pflug Interchange Development
Residential - Community Systems
Urban Residential
Urban Residential II
Cross County Arterial
City Limit
City ETJ
Highway Corridor Overlay
Comprehensive Development PlanFigure 5.1: Development Structure PlanSarpy County, NebraskaLegend
Amended 6-11-2015
0 0.250.125 Miles
Vicinity Map – Current Zoning10215 S 168th Avenue – Lot 1 Tiburon Point
Special Use Permit
Subject Property Outlined in blue(Park/School Site)