01/23/2024 Resolutions 2024-27RESOLUTION 2024-27
RESOLUTION REGARDING APPROVAL OF A CONDITIONAL USE PERMIT AT 4199 WEST
STOLLEY PARK ROAD
WHEREAS, an application has been filed by Werner Construction, r questing a Conditional Use
permit to operate a mobile concrete batch plant on property owned by the State of Nebraska at 4199 W.
Stolley Park Road in the NW '/4 of Section 26, Township 11 North, Range 10 West of the 6�` PM; and,
WHEREAS, the location proposed is within the jurisdiction of the City of Grand Island; and,
WHEREAS, the applicants have secured consent of the property owner, State of Nebraska, by
and through a lease agreement to make said application; and,
WHEREAS, the property is currently zoned LLR Large Lot Residential; and,
WHEREAS, the temporary uses not expressly identified in a given zoning district are anticipated
and allowed as set forth in City Code Chapter 36 Section 89 (E); and,
WHEREAS, the proposed temporary use is located in an undeveloped area of the City and would
not exceed two years of use; and,
and,
WHEREAS, the proposed use is necessary to support planned improvements to U.S. Highway 30;
WHEREAS, the proposed conditional use has been authorized pursuant to a contract between the
applicant and the Nebraska Department of Transportation; and,
WHEREAS, the proposed conditional use would support activities which are consistent with the
City's Comprehensive Plan and Zoning Regulations,; and is located in an area which minimizes
disruption to the health, welfare, and safety of the citizens of Grand Island; and,
WHEREAS, all notice requirements of Grand Island City Code Chapter 36 Section 90 have been
complied with; and,
WHEREAS, the following terms and conditions have been proposed the City:
1. That the conditional use permit be issued for a period of time not to exceed two years as
authorized by City Code Chapter 36 Section 89;
2. That the applicant must provide a copy of a duly executed lease agreement with the State
of Nebraska priar to commencing operations on site;
3. That the applicant must commence operations at this site within six months of the
passage of this resolution or their conditional use permit shall automatically expire;
4. That the applicant will provide written notice to the City of Grand Island Community
Development Department of the date their operations begin at this site and will provide
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written notice when said conditional use terminates should work conclude prior to
automatic expiration of the two-year conditional use permit;
That said written notice will include contact information for a designated representative
who will be supervising day-to-day operations of the site and who may serve as a point of
contact and notice for any law enforcement, code enforcement, fire, or other emergency
management purposes;
That applicant acknowledges that the City of Grand Island has resources located within
easements located on the property and will take all efforts to minimize or eliminate
activities within and across those easements;
That applicant acknowledges and accepts responsibility for any damage or disruptions
they may cause to City infrastructure located on the site and, by acceptance of this
Conditional Use Permit agrees to be financially responsible for any repairs, replacements,
or other expenses related to their Conditional Use permit should they occur;
That applicant will restore the property to its preconstruction condition, or an improved
condition, within six months of ceasing operations at the site or expiration of the
Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED that the City Council grants the applicants request for a
conditional use permit authorizing a temporary use for the construction of a mobile concrete batch plant
located at 4199 West Stolley Park Road subject to the terms and conditions set forth above.
Adopted by the City Council of the City of Grand Island, Nebraska, January 23, 2024.
-c_J
Roger Steele, Mayar
Attest:
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' 1 Granere, City Clerk