2354ORDINANCE NO. 2354
COUNCIL MEMBER WILLIS INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF BLAIR
BY ESTABLISHING AN OVERLAY DISTRICT UNDER SECTION 1003 PUD (PLANNED
UNIT DEVELOPMENT DISTRICT) OF THE CITY OF BLAIR ZONING REGULATIONS TO
CREATE PUD -201802 INTENDED TO ESTABLISH THE LAND USE STANDARDS THAT
WILL BE PERMITTED IN FOR NORTHERN VIEW ADDITION TO THE CITY OF BLAIR,
NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT AND PUBLISHING IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. PUD -201802 application submitted by Melvin Sudbeck Homes, Inc. to create
PUD -201802 intended to establish the land use standards that will be permitted in Northern View
Addition to the City of Blair, Nebraska. This PUD district, used in combination with the base
zoning district is intended to permit flexibility in the regulation of land development and to
encourage innovation in land use and variety in design, layout, and type of structures constructed.
A PUD district also requires approved land uses or activities be compatible with adjacent land uses
and in accordance with the current Comprehensive Plan.
SECTION 2. That Exhibit "A" attached hereto and duly included herein by reference
adopts PUD -201802, establishing an overlay district on Northern View Addition to the City of
Blair, Nebraska.
SECTION 3. Be it further ordained by the Mayor and City Council of the City of Blair
that the official zoning map of the City of Blair should be changed to reflect the PUD -201802
overlay district.
SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
PASSED AND APPROVED this 10TH day of APRIL, 2018.
CITY OF BLAIR, NEBRASKA
BY
JAqE5 REALPH, MAYOR
ATTEST:
/ It" —
BRENDA WHEELER, CITY CLEkk
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and forgoing Ordinance was passed and
approved at a regular meeting of the Mayor and City Council of said City held on the 10th day of
April, 2018.
e
BRENDA WHEELER, CITY CLERK
Filing Date
Receipt Number
1 G (6 1-, 31
APPLICATION FOR PUD (PLANNED UNIT DEVELOPMENT OVERLAY DIST4MM# 4
1. Melvin Sudbeck Homes, Inc. 16255 Woodland Drive Omaha. NE 68136 402-895-3288
Applicant's Name Mailing Address Telephone
Thompson, Dreessen and Dorner, Inc.
2. Donald O. Heine P.E. 10836 Old Mill Road Omaha, NE 68154 402-330-8860
Agent's Name Mailing Address Telephone
3. Melvin Sudbeck Homes Inc 16255 Woodland Drive Omaha, NE 68136_ 402-895-3288
Owner's Name Mailing Address Telephone
4. Tax Lots 78 and 79, in the SW1/4 of the NW 1/4 of Section 13, Township 18 North,
Address and Legal description of Location - Subject Property
Range 11 East of the 6th P.M.and East 1/2 of vacated alley adjacent thereto,
City of Blair, Washington County, Nebraska
5. Present Parent Zoning District RML
6. Select One for this Application: [A PUD -1 (General PUD)
[ ] CITY -INITIATED PUD -1 (General PUD)
[ ] PUD -2 (Specific PUD) / Existing PUD -1 District: -- )i 0 L
7. Please submit the following information in a written Development Plan as part of your application:
For a PUD -1 (General PUD), all items required in Zoning Regulations Section 1003.05.1 and Table 1003.14
For a CITY -INITIATED PUD -1 (General PUD), all items required in Zoning Regulations Section 1003.05.2
For a PUD -2 (Specific PUD), all items required in Zoning Regulations Section 1003.05.3 and Table 1003.14
/�W�
Signature of Applicant
�® —
Date
Signature of Owner(s) Date
Signature of Owner(s)
Date
Northern View Addition to the City of Blair
PUD Application
PUD Application Form
See Attachment 1
Map showing location, size and legal description of site
See Attachment 2 for Final Plat
Map showing existing topography at 2 -foot intervals
See Attachment 3
Map showing location and description of major site features
See Attachment 3
Grading Plan
See Attachment 4
Map showing location of existing and proposed utilities
See Attachment 5
Map showing densities/quantities of land uses
See Attachment 2 — the 17.876 acre site will be subdivided into 55 single family lots
providing for a density of approximately 1 lot per 14,150 S.F.. All proposed lots will be
zoned RML with a PUD -1 overlay.
Master site plan
See Attachment 2
Conceptual use of open/public space
See Attachment 2
Minimum lot sizes and lot dimensions
See Attachment 2
Building design standards
See Attachment 6
Front, rear and side yard setbacks
See Attachment 2
Minimum separation between building on the same lot
There will only be one, single family home on each lot.
Maximum lot coverages
The single family homes on each site will be limited in size to fit within the required building
setbacks and the maximum lot coverage of 40% by zoning regulation. The minimum
sized lot (6,285 S.F.) could have a maximum building size of 2,514 S.F. base on the
allowable coverage of 40% based on the zoning.
Maximum heights of proposed structures
The maximum building height will be 35' base on zoning regulations.
Sinn regulation by use
This item is not applicable for the single family use.
Location and design of vehicular, pedestrian or trail system transportation
improvements
See Attachment 2 for layout. New roadways will be 25' wide, concrete roadways. There
will be 4' wide sidewalks set back 8' from the curbs fronting all lots.
Deed restrictions, covenants, etc.
See Attachment 6
Schedule indicating proposed phasing and scheduling of development
The development will be phase to be constructed in four phases. The phases will be:
- Phase 1 — lots 17 through 31 including the construction of S. 14th Avenue from
Wilbur Street southerly to and through the Poulson Drive intersection, Poulson
Drive and Mount Hope Circle
- Phase 2 — lots 10 through 16 and 41 through 46 and the adjacent paving on S.
14th Avenue
- Phase 3 — lots 1 through 9 and 47 through 55 and the remainder of the paving
on S. 14th Avenue
- Phase 4 — lots 32 through 40 and S. 14th Circle
The timing of the phases will be based on demand/build out of homes within each phase
to provide ample construction sites as homes as brought on line.
Attachment 1
Filing Date Receipt Number
APPLICATION FOR PUD (PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT)
1. Melvin Sudbeck Homes Inc. 16255 Woodland Drive Omaha NE 68136 402-895-3288
Applicant's Name Mailing Address Telephone
Thompson, Dreessen and Dorner, Inc.
2. Donald O. Heine P.E. 10836 Old Mill Road Omaha, NE 68154 402-330-8860
Agent's Name Mailing Address Telephone
3. Melvin Sudbeck Homes Inc 16255 Woodland Drive Omaha NE 68136 402-895-3288
Owner's Name Mailing Address Telephone
4. Tax Lots 78 and 79, in the SW1/4 of the NW 1/4 of Section 13, Township 18 North,
Address and Legal description of Location - Subject Property
Range 11 East of the 6th P.M.and East 1/2 of vacated alley adjacent thereto,
City of Blair, Washington County, Nebraska
5. Present Parent Zoning District RL and RML
6. Select One for this Application: [A PUD -1 (General PUD)
[ ] CITY -INITIATED PUD -1 (General PUD)
[ ] PUD -2 (Specific PUD) / Existing PUD -1 District:
7. Please submit the following information in a written Development Plan as part of your application:
For a PUD -1 (General PUD), all items required in Zoning Regulations Section 1003.05.1 and Table 1003.14
For a CITY -INITIATED PUD -1 (General PUD), all items required in Zoning Regulations Section 1003.05.2
For a PUD -2 (Specific PUD), all items required in Zoning Regulations Section 1003.05.3 and Table 1003.14
Signature of Applicant
X
Date
Signature of Owner(s) Date
Signature of Owner(s)
Date
DO NOT WRITE BELOW THIS LINE
PLANNING COMMISSION RECOMMENDATION:
DATE OF NOTICE:
DATE OF PUBLIC HEARING:
VOTE: TO TO
CITY COUNCIL ACTION:
DATE OF PUBLIC HEARING:
VOTE: TO TO
APPROVED DEVELOPMENT PLAN:
A copy of the written Development Plan, as approved by the City Council, shall be permanently
appended to this application.
NORTHERN VIEW ADDITION TO THE CITY OF BLAIR
LOTS 1 THRU 55, INCLUSIVE
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NORTHERN VIEW ADDITION TO THE CITY OF BLAIR
LOTS 1 THROUGH 55
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NORTHERN VIEW ADDITION TO THE CITY OF BLAIR
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NORTHERN VIEW ADDITION TO THE CITY OF BLAIR
LOTS 1 THROUGH 55
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ADDITION TO THE
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Attachment 6
Attachment 6
DECLARATION
OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR NORTHVIEW IN WASHINGTION COUNTY, NEBRASKA
THIS DECLARATION made on the date hereinafter set forth, by Melvin Sudbeck Homes, Inc, a
Nebraska corporation ("Declarant").
PRELIMINARY STATEMENT
The Declarant is the owner of certain real property located within Washington County, Nebraska
and described as follows:
Lots 1 through 55, inclusive, in Northern View, an Addition to the City of Blair, as surveyed,
platted and recorded in Washington County, Nebraska.
Such lots are herein referred to collectively as the "Lots" and individually as each "Lot".
The Declarant desires to provide for the preservation, protection and enhancement of the values
and amenities of such community and for the maintenance of the character, value, desirability,
attractiveness and residential integrity of the Lots.
NOW, THEREFORE, the Declarant hereby declares that each and all of the Lots shall be held, sold
and conveyed subject to the following restrictions, covenants, conditions and easements ("the
Covenants"), all of which are for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Lots. These restrictions, covenants, conditions and easements shall run
with such real estate and shall be binding upon all parties having or acquiring any right, title or
interest in each Lot, or any part thereof, as is more fully described herein. The Lots and each Lot
are and shall be subject to all and each of the following conditions and other terms:
ARTICLE 1
RESTRICTIONS AND COVENANTS
1. Each Lot shall be used exclusively for residential purposes.
2 For a period of then (10) years after the filing of this Declaration or the date that the
Declarant is no longer the owner of any lot or lots, whichever first occurs, no residence, building,
fence, wall, driveway, patio enclosure, rock garden, swimming pool, tennis court, doghouse,
stable, treehouse, antenna, satellite receiving station ("dish") flag pole, solar heating or cooling
device, tool shed, windmill, wind generating equipment, or other external Improvement, above
or below the ground (herein all referred to as any "Improvement") shall be constructed erected,
placed or permitted to remain on any LOT. Nor shall any grading or excavation for any
Improvement be commenced, except for Improvements which received the prior approval of
Declarant as follows:
A. An owner desiring to erect an Improvement shall deliver two sets of construction plans,
landscaping plans and plot plans to Declarant (herein collectively referred to as the
"Plans"). Such plans shall be consistent with these Covenants and reflect the type of
structure, quality and use of exterior materials, exterior design, exterior color or colors
(which must be earth tone colors) and location of structure proposed for such
Improvement. Concurrent with the submission of the Plans, owner shall notify the
Declarant of the owner's mailing address.
B. Declarant shall review such Plans in relation to the type and exterior of Improvements
and construction or approved for construction, on neighboring Lots and in the
surrounding area and any general scheme or plans formulated by Declaration. In this
regard, Declarant intends that the Lots shall form a developed residential community with
homes constructed of high quality materials. If Declarant determines that the proposed
Improvement will not protect and enhance the integrity and character of all the Lots and
neighboring Lots as a quality residential community, Declarant may refuse approval of the
proposed Improvement.
C. Written notice of any approval to construct a proposed Improvement shall be mailed to
the owner at the address specified by the owner upon submission of the Plans. If notice
of approval is not mailed within such period, the proposed Improvement shall be deemed
denied by Declarant.
D. The final decision to approve or refuse approval of a proposed Improvement shall be
exercised by the Declarant to protect the value, character and residential quality of all
0j
Lots. However, no Lot Owner, or combination of Lot owners, or other person or persons
shall have any right to any action by the Declarant, or to control, direct or influence the
acts of the Declarant with respect to any proposed Improvement. No responsibility,
liability or obligation shall be assumed by or imposed upon Declarant by virtue of the
authority granted to Declarant in this Section or as a result of any act or failure to act by
Declarant with respect to any proposed Improvement.
Unless earlier otherwise transferred to a design review committee of lot owners
delegated by Declarant, upon the expiration of the aforementioned ten (10) year period
or when the Declarant no longer owns any Lots, Declarant's rights set forth above shall
be transferred to, and administered by a design review committee lot owners delegated
by Declarant or if no such delegation is made by the Declarant then to a design review
committee elected by a majority of the lot owners present in person or by proxy at such
election. Upon such transfer, the design review committee shall succeed to all rights of
the Declarant to the extent that wherein the term Declarant is used in this Declaration by
the design review committee shall be substituted therefore.
r•�-Arrd1aII
RESTRICTIONS FOR RESIDENTIAL DWELLINGS
1. Single Family Lots. Lots 1 through 55 shall be subject to the following restrictions.
A. The Lots shall be used only for residential purposes, and no lot shall contain more than
one (1) single family unit.
B. No dwellings shall be created, altered, placed or permitted to remain on any Lot other
than the single family dwellings.
C. All buildings on all lots shall comply with the set -back requirements of the Zoning Code
and Applicable Requirements of the City of Blair as the same may be amended from
time to time.
2. General Restrictions. All dwelling units described above shall comply with the following
restrictions.
A. All dwellings shall, as a minimum, have attached, built in, or enclosed, side-by-side
not less than two car garages which must contain a minimum area of 400 square feet.
Other or additional garages may be permitted at the discretion of the Architectural
Control Committee.
3
B. Exposed portions of the foundation on the front of each dwelling are to be covered
with clay -fired brick stone.
C. No fence shall be constructed, or permitted to be placed in front of the front building
line of the main residence erected on each lot. All fence installations shall first require
the procurement of a permit from the City of Blair, in accordance with the then
applicable ordinances and codes.
D. No dog runs shall be constructed on any lots.
E. No structure of a temporary character, trailer, basement, tent, shack, barn or other
out building shall be erected on any Lot, or used as a residence, temporarily or
permanently. No prefabricated or factory built house or residential dwelling shall be
moved onto or assembled on any of said Lots. No precut dwelling shall be assembled
on any of said Lots. No full or partial subterranean dwellings or log houses shall be
constructed or erected on any Lot. No dwelling shall be moved from outside of the
Properties onto any of said Lots.
F. No trailer, recreational vehicle, motor home, boat, tractor, semi -truck or unlicensed
vehicle of any type shall be permitted to be placed or parked on any portion of the
properties unless in the process of loading or unloading its contents.
G. Public concrete sidewalks four feet (4') wide by four inches (4") thick shall be
constructed by the then Owner of a Lot prior to the time of completion of a dwelling,
or as soon as weather permits. Owners of corner lots shall construct sidewalks along
each street side of the lot. Each dwelling unit shall have a paved driveway extending
between the street and garage of not less than eight feet (8') in width for each garage
bay; the driveway shall be of concrete or brick.
H. The Declarant has created a water drainage plan by grading the Properties and
installing improvements and easements for storm drainage in accordance with
accepted engineering principles. No building shall be placed, nor any Lot graded, to
interfere with such water drainage plan nor cause damage to the building or
neighboring buildings or Lots.
All Lots shall be kept free of rubbish, debris, merchandise and building material;
however, building materials may be placed on Lots when construction is started on
the main residential structure intended for such Lot. In addition, vacant Lots where
capital improvements have not yet been installed shall not be used for dumping of
earth or any waste materials, and shall be maintained level and smooth enough for
machine mowing. Nothing herein contained shall prohibit Declarant from utilizing lots
4
within the properties for placement of usable building materials, equipment or earth
for reasonable periods of time in anticipation of construction commencement on such
properties.
J. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything
be done thereon which may be, or may become, an annoyance or nuisance to the
neighborhood, including, but not limited to, odors, dust, glare, sound, lighting, smoke,
vibration and radiation.
K. A dwelling on which construction has begun must be completed within one (1) year
from the date the foundation was dug for said dwelling.
L. No advertising signs or posters of any kind shall be erected or placed on any of the
said Lots, except the residential "For Sale" and "Sold" signs, not exceeding Twenty
Four inches (24") by Thirty Six inches (36") in size, shall be permitted and, provided
further, that such restriction as to sign size shall not apply to signs erected by the
Declarant, or his agents, in the development of Northview.
M. All driveways shall be constructed of concrete or brick.
N. No television antenna, or antenna of any kind or nature, except satellite dishes, shall
be allowed on the Lots except that if they are inside the dwellings or otherwise
completely concealed from view all other Lots television antennas will be allowed.
0. One non-metal, detached structure, no larger than 8' x 10', shall be allowed only
pursuant to these Covenants and the existing building codes for the applicable
governmental subdivision. Plans and approval for same shall be subject to the
architectural control provisions of Article I, Paragraph 2 hereof, where applicable.
Such detached structures shall be compatible with the dwelling unit in color, decor
and dimension. In no event shall construction of such detached structure commence
until the dwelling unit construction has passed inspections by the local governing
body, unless construction is done by the builder in conjunction with the dwelling unit.
In all events, construction of such detached structure shall be completed with sixty
(60) days of commencement.
5
ARTICLE III
EASEMENT
A perpetual license and easement is hereby granted to the Omaha Public Power District, and any
company which has been granted a franchise to provide a cable television/internet system in the
area to be subdivided, their successors and assigns, to erect, operate, maintain, repair and renew
poles, wire, cables, conduits and other related facilities and to extend thereon wire or cables for
the carrying and transmission of electric current for light, heat and power and for the
transmission of signals and sounds of all kinds including signals provided by a cable television
system, and the reception on, over, through, under and across a five foot (5') wide strip of land
abutting all front and side boundary lot lines and an eight foot (8') wide strip of land abutting all
rear lot lines of all interior lots and Eight foot (8') wide strip of land abutting the rear boundary
lot lines of all exterior lots. A perpetual easement is hereby granted to Blair Public Works and
Black Hills Energy, their successors and assigns, to erect, install, operate, maintain, repair and
renew pipelines hydrants and other related facilities, and to extend thereon pipes for the
transmission of gas and water on, through, under and across a five foot (5') wide strip of land
abutting all streets, avenues and circles. No permanent buildings, trees or retaining walls or loose
rock walls shall be placed in the saideasement ways, but the same may be used for gardens,
shrubs, landscaping sidewalks, driveways and other purposes that do not then or later interfere
with the aforesaid uses or rights herein granted. All such utility service lines from the property
line to dwelling shall be underground.
ARTICLE IV
GENERAL PROVISIONS
1. The Declarant, the Association, their successors in interest or any owner of a Lot shall have
the right to enforce by a proceeding at law or in equity, all reservations, restrictions,
conditions and covenants now, or hereinafter imposed by the provision of the Declaration
including all amendments or modifications hereof, either to prevent or restrain any violation
or to recover damages of any kind or nature whatsoever resulting from such violation.
Failure by the Declarant, the Association or their successors in interest or by the owner of
any Lot to enforce any covenant or restriction herein contained shall in no event be deemed
a waiver of any rights of the Declarant, the Association or any owner to enforce any other
reservation, restriction, condition or covenant thereafter.
2. The covenants and restrictions of the Declaration shall run with and bind the land for a term
of twenty (20) years from the date of this Declaration is recorded. Thereafter the covenants,
restrictions and other provisions of this Declaration shall automatically renew for successive
ten (10) year periods unless with the written consent of the City of Blair it is terminated or
amended by the owners of not less than seventy five percent (75%) of the Lots, which
termination or amendment shall thereupon become binding upon all the lots. This
Declaration with the written consent of the City of Blair may be amended by Declarant, in
any manner which it may determine in its full and absolute discretion for a period of ten (10)
years from the formation hereof or until such time as it no longer is the owner of any of the
Lots.
3. Invalidation of anyone of these covenants by judgement or court order shall in noway affect
any of the other provisions hereof which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this
day of 2018.
ATTEST:
Secretary
STATE OF NEBRASKA
COUNTY OF SS:
MELVIN SUDBECK HOMES, INC
a Nebraska Corporation, Inc.
Melvin J Sudbeck, Its President
On this day of , 2018, before me, a Notary Public, duly commissioned and
qualified in and for said County, appeared Melvin J. Sudbeck, personally known to me to be the
President of Melvin Sudbeck Homes, Inc. And the identical person whose name is affixed to the
foregoing instrument, and he acknowledged the execution thereof to be his voluntary act and
deed.
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Public
7