Planning commission approves amendment to Highmark Estates plan with grading-certification condition

The Lincoln Lancaster County Planning Commission on July 9 approved a final-action amendment to Special Permit 1423M that adds nine lots to the Highmark Estates community unit plan and requires a grading certificate verifying implementation of the approved grading and drainage plan before the final plat is recorded.

The amendment, which the commission approved 6-0, would add four lots along Highmark Lane and five lots along South 80 Ninth Street. Planning staff said the applicant has submitted a grading and drainage plan and worked with Watershed Management to address stormwater concerns; the commission added a condition requiring submission of grading certificates showing the grading and drainage plan has been executed prior to final plat.

Jacob Schlenge of the Planning Department summarized the updates and the added condition, saying staff’s biggest change since the last hearing was “a condition added that prior to final plat, the applicant would need to submit grading certificates showing that the grading and drainage plan has been executed appropriately.”

Tim Gergen, representing the applicant (Clark & Anderson), described revisions to the site plan made in response to neighbors and watershed staff. He said the plan eliminates two of three proposed chip-and-putt areas, leaving only one, and shows the new lots will be graded so rear yards drain toward the street rather than toward adjacent townhomes. "All the proposed lots are gonna be graded so the backyard all drains all the way to the front yard to the street," Gergen said, and the detention pond will discharge to the east, away from the townhomes.

Tim Zock of Watershed Management explained the grading-certificate process. He said a licensed surveyor or engineer must submit an as-built grading certificate declaring the ground has been graded per the approved plan; Watershed had requested that certificate be provided even though some public-improvement triggers (road, sewer, water) already exist. Zock said the office could work with Building and Safety to conduct additional checks at the building-permit stage if neighbors report concerns during lot construction.

Jerry Elfreen, president of Highmark Estates Townhomes Inc., testified in opposition, saying neighbors had limited notice of the updated plan, questioned the visibility of elevations on the posted plan and expressed concern that a four-foot cut would not be sufficient to ensure drainage away from the townhomes. Elfreen requested that grading issues be resolved before further approvals.

Applicant representatives said they had met with neighbors, were willing to pave certain cart paths and to plant or replant trees outside construction limits, and that the developer would work with Watershed on erosion-control measures and grading certification. The applicant also said deed or covenant changes requested by neighbors (for example, conveying part of an outlot) could involve additional administrative steps and costs for both sides.

Commissioners who spoke in support noted the applicant’s work with Watershed Management, the revised grading plan that directs runoff to the street and detention cell, and the new condition requiring the grading certificate. The motion to approve included the conditions in the staff report; the commission clarified that the certification requirement would allow Building and Safety opportunities to check grades during subsequent building permits.

Votes at a glance — Special Permit 1423M: motion to approve with staff-recommended conditions and grading plan certification requirement passed 6-0 (Campbell: yes; Cruz: yes; Ebert: yes; Edens: yes; Feit/Fite/Feidt: yes; Joy: yes).

The approval is final action by the Planning Commission for this special permit item. The Planning Department record will include the grading and drainage plan and the requirement that a licensed surveyor or engineer submit a grading certificate for Watershed Management review before the final plat is recorded. The commission and Watershed staff encouraged neighbors to report any post-permit concerns to Watershed or Building and Safety so inspectors can verify lot grades during home construction.