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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S 16

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S 170th Cir

Cypress St

Oakmont St

Cheyenne Rd

Colony Dr

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S 16

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S 172nd Cir

Cornhusker Rd

LongbowLoop

S 168th Ave

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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

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Co lony DrChutney Dr

S163r d

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S16

3rd

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3rd

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Cypress St

S16 4th St

Ridgemont St

Cinn

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S16

5th

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S175th

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Cheyenne Rd

S172nd

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Sedona St

S 16

6th

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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)