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Council denies appeal, affirms Planning Commission approval for Highmark Estates lots after drainage debate
Summary
The City Council denied an appeal of Planning Commission approval for a nine‑lot amendment at Highmark Estates, rejecting a last‑minute request to require grading certification prior to occupancy permits. Neighbors and developers agreed on most conditions; watershed management will enforce approved grading plans.
The Lincoln City Council on Aug. 11 denied an appeal by the Highmark Estates Townhome Homeowners Association and affirmed the Planning Commission’s conditional approval of a special permit to add nine lots at the Highmark Golf Course site.
Attorney Troy Bird represented the homeowners and said the main unresolved concern was how to ensure the certified grading remains unchanged after individual builders excavate basements and finish lots. Bird asked the council to add a condition requiring a licensed surveyor or engineer to certify compliance with the approved grading plan prior to issuance of occupancy permits for the four lots adjacent to the townhomes.
Tim Gurgan, civil engineer for the developer (Newmark LLC), and Planning and Watershed staff said the development will submit a mass‑grading certification to Watershed Management at the final plat stage; that certification establishes a baseline that watershed staff will use if subsequent complaints arise. Gurgan said the developer will not certify repeated re‑checks for each builder because homes and landscaping commonly change grades later; instead, homeowners and builders would be responsible to restore grades if they are altered.
Highmark Estates Townhome Association President Jerry Elfreen described past incidents of runoff and a mudslide in the vicinity, said watershed inspections had not resolved recurring issues, and urged additional protections. City Planning Director David Carey and Watershed Management staff told the council the approved drainage plan remains on file and Watershed has authority to investigate and require correction if grades are altered in substantial, non‑conforming ways.
Council members said most appealed items had been addressed in negotiations; Councilwoman Sandra Washington said she would not support adding the extra certification requirement because city code already gives Watershed Management enforcement authority and the mass‑grading certification will create a documented baseline. The council voted 6‑0 to reject the appeal and affirm the Planning Commission decision.
Votes and next steps The Planning Commission’s conditions remain in place; Watershed Management will coordinate with Building & Safety to monitor construction and respond to homeowner complaints about grading or drainage that deviate from the approved plan.
