Sarpy County planners approve Novacek Acres rezoning, preliminary plat for seven-lot subdivision with conservation set-aside

The Sarpy County Planning Commission on June 17 recommended approval of a rezoning and preliminary plat submitted by CCR Land LLC for a seven-lot subdivision called Novacek Acres, located southeast of 220 Eighth Street and Rough Road.

The commission voted 6-0 with four members absent to approve rezoning the property from AG (Agricultural) to AGR (Agricultural Residential), to grant waivers for cul-de-sac length and gravel surfacing of the interior road, and to forward the preliminary plat for Lots 1–7 and Outlots A–C to the Sarpy County Board subject to staff conditions.

The proposed subdivision would divide the roughly 80-acre parcel into seven single-family lots and three outlots for drainage and conservation. Staff said the site is within the conservation development overlay and that the proposed outlots account for 42.6% of the site, exceeding the overlay's 40% requirement.

"We think what the applicant's proposing here is a perfect long term fit for this property," said Josh Seal, the project's engineer, describing the plan as a match to nearby farmhouses to the north and the conservation area to the southeast. Planning staff recommended approval, subject to conditions in the staff report.

During public comment, area resident Susie Bliss said many neighbors understood the property and surrounding parcels to be 10-acre minimums for estate planning and opposed the subdivision as laid out. "They thought it was 10," Bliss said, recounting conversations with neighbors and family members. She raised concerns about terraces, runoff and water availability in the area, saying she has had two wells installed and experiences sand issues that require frequent filter changes.

Commissioners discussed those concerns and the regulatory record. Planning Director Robert Lorocco told commissioners that the county's zoning, subdivision regulations and current comprehensive plan do not require a 10-acre minimum for lots here, and that the 10-acre practice in the past often reflected an informal approach people used to avoid formal subdivision processes.

As part of the approval, the commission added conditions that will be required before the final plat: documentation that septic systems will function (percolation tests) and a requirement that, prior to or with submittal of the final plat, the applicant demonstrate the viability of wells to serve the proposed lots. The commission also recommended that a subdivision agreement address potential future dedication of right of way if adjacent conserved parcels ever became developable.

Staff noted that the parcels to the south and east are encumbered by a conservation easement owned by Nebraska Land Trust and that, because of that easement, staff supported removing proposed right-of-way dedications to the south and east on the plat. Lorocco said the easement is titled as permanently protected to the land trust.

The applicant requested waivers to allow a gravel internal road (the connecting road to 220 Eighth Street is already gravel), to allow a longer cul-de-sac than normally permitted, and to allow gravel surfacing for the interior circulation. Staff supported those waivers given the rural context and the conservation overlay.

The motion to recommend approval included as conditions that a homeowners association be formed to maintain the outlots and roadways, completion of a subdivision agreement spelling out developer responsibilities, technical information demonstrating septic viability, participation in any required improvements to 220 Eighth Street, and addressing comments from other departments and agencies. Commissioners also required that the applicant demonstrate well viability prior to or with final plat submission.

The commission's recommendation now moves to the Sarpy County Board, which will make final decisions on the rezoning and final plat.

Votes at a glance: The Planning Commission recorded a voice vote that resulted in 6 yays and 4 absences (Whitfield, Weese, Mattia, Huck). No nays or abstentions were recorded for this item.