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08-13-2008 Regional Planning Regular Meeting PacketHall County Regional Planning Commission Wednesday, August 13, 2008 Regular Meeting Packet Commission Members: Regional Planning Director:Chad Nabity Technician: Edwin Maslonka Secretary: Rose Woods 6:00:00 PM Council Chambers - City Hall 100 East First Street John Amick Hall County Karen Bredthauer Grand Island Scott Eriksen Grand Island Mark Haskins Hall County Vice Chairperson Bill Hayes Doniphan Lisa Heineman Grand Island Dianne Miller Grand Island Jaye Monter Cairo Pat O'Neill Hall County Chairperson Deb Reynolds Hall County Leslie Ruge Alda Secretary Don Snodgrass Wood River Hall County Regional Planning Commission Call to Order Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for Commission consideration should complete the Request for Future Agenda Items form located at the Regional Planning Office on the second floor of City Hall. If the issue can be handled administratively without Commission action, notification will be provided. If the item is scheduled for a meeting, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. DIRECTOR COMMUNICATION This is an opportunity for the Director to comment on current events, activities, and issues of interest to the commission. Hall County Regional Planning Commission Item .A1 Summary Insert a narrative here Wednesday, August 13, 2008 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Staff Recommendation Summary For Regional Planning Commission Meeting August 13, 2008 5. Council Referral – Concerning the formation of a new business improvement district for Second Street in Grand Island to create BID 6. (C- 22-2008GI) (Discussion, Action) 6. Council Referral – Concerning the formation of a new business improvement district for South Locust Street in Grand Island to create BID 7, to replace BID 3. (C-21-2008GI) (Discussion, Action) 7. Final Plat – Powell 4th Subdivision HC, located north of Schimmer Drive, between 60th Rd., and Monitor Rd., and south of Husker Hwy., in Hall County, Nebraska. (1 lot) A tract of land comprising all of Lot One (1) Powell Third Subdivision and a part of the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4), all in Section Thirty Three (33), Township Eleven (11) North, Range Ten (10). 8. Public Hearing – Text Amendment change to Doniphan Zoning Regulations relative to allowing Livestock Waste Control Facilities for existing livestock feeding operations by conditional use permit within the TA-Transitional Agriculture District in Doniphan, Nebraska. (C-19-2008 DON) Item E2 July Meeting Minutes Insert a narrative here Wednesday, August 13, 2008 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND, WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA Minutes for July 2, 2008 The meeting of the Regional Planning Commission was held Wednesday, July 2, 2008, in the Community Meeting Room - City Hall – Grand Island , Nebraska. Notice of this meeting appeared in the "Grand Island Independent" June 26, 2008. Present: Pat O’Neill Dianne Miller Deb Reynolds Mark Haskins Don Snodgrass Karen Bredthauer Scott Ericksen Lisa Heineman Absent: John Amick, Les Ruge, Bill Hayes, Jaye Monter Other: Staff: Chad Nabity, Rose Woods Press: 1. Call to order. Chairman O’Neill called the meeting to order at 6:10 p.m. He stated that this was a public meeting subject to the open meetings laws of the State of Nebraska. He noted that the requirements for an open meeting were posted on the wall in the room and easily accessible to anyone who may be interested in reading them. 2. Minutes of June 4 , 2008 meeting. A motion was made by Bredthauer, and seconded by Haskins, to approve the Minutes of the June 4, 2008 meeting as presented. 3. Request time to speak. There was no one who requested time to speak. 4. Final Plat Nabity described this final plat propose to create 4 lots between Ravenwood Subdivision and Hidden Lakes Subdivision. Two lots are slightly more than 1 acre in size and the other two are 3 and 4.4 acres. City Sewer and Water are not available to these lots. The Nebraska Department of Environmental Quality has approved septic systems on these lots. All of the lots front onto existing public right-of-way. The property is zoned LLR Large Lot Residential and would permit 20,000 square foot lots. This land consists of approximately 10.135 acres. He stated it met all the requirements and he recommends approval. No comments or questions were made. O’Neill asked for a motion. A motion was made by Miller, and seconded by Eriksen, to recommend approval as submitted. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Reynolds, Eriksen, Heineman, Haskins, Bredthauer, Snodgrass) all voting in favor. 5. Planning Commission Budget Nabity explained the budget didn’t have a lot of changes; the main change is the employee step increases, and insurance. There was a drop in operating expenses, and it falls within where the County Board recommended. Nabity recommends the budget as well. O’Neill asked if there were any questions or changes. O’Neill asked for a motion. A motion was made by Haskins and seconded by Bredthauer. To accept the budget as presented. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Reynolds, Eriksen, Heineman, Haskins, Bredthauer, Snodgrass) all voting in favor. 6. Planning Director’s Report Community Beautification Award, application forms are out. Applications are on the Grand Island web site. If there are places that you would like to nominate please do. A committee needs to be created to judge those applications. Applications are being accepted until July 31, 2008. Volunteer nominations are Bredthauer, O’Neill, Snodgrass and Ruge. Nabity explained there are two awards that will be given out if there are enough applications from different local smaller towns. He also encouraged the Commission members to nominate a business from a town they may happen to be in, Alda, Cairo, Doniphan or Wood River. They need to be represented as well, with three nominations from each area. Hazard Mitigation Plan, Nabity has not seen a draft of what they have approved. He anticipates they will want to hold a public hearing at the August meeting. There will be some Mitigation funding coming forward, from damages this spring. In order to get the funding there needs to be a plan approved. It’s a requirement of the funding to have the plan. Nabity asked to move the August 6, meeting to August 13, 2008, there are two Bids’, that will need planning commission recommendations, South Locust and Second Street. He is not sure that they will make the July 22 meeting for referral. There is a Council meeting on August 12 and it likely they will be referred on that date. Bredthauer made a motion to approve the meeting date change to August 13; motion was seconded by Miller to approve the new meeting date to August 13, 2008. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Reynolds, Eriksen, Heineman, Haskins, Bredthauer, Snodgrass) all voting in favor. 7. Next Meeting August 13, 2008 Chairman O’Neill adjourned the meeting at 6:20 p.m. _____________________________________________ Leslie Ruge, Secretary by Rose Woods Item -3 Council Referral BID 6 Insert a narrative here Wednesday, August 13, 2008 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission ChadN S:\Docs\520.doc Last printed 8/11/2008 1:43 PM Page 1 Agenda Item #5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: July 25, 2008 SUBJECT: Creation of Business Improvement District 6 (C-20-2008GI) PROPOSAL: To create a Business Improvement District for U.S. Highway 30 (Second Street) between Eddy Street and Garfield Street as shown on the attached map. This is a new BID created to pay for and maintain common landscaping. OVERVIEW: The purpose of a Business Improvement District is to raise funds for projects that serve the interests of business owners in the district. Nebraska Statutes allow the creation of Business Improvement Districts that assess and tax business owners for services provided by the BID. These are voluntary organizations that require a majority of the property owners to agree before they can be created. RECOMMENDATION: That the Regional Planning Commission recommend that City Council approve the creation of Business Improvement District #6 in Grand Island. ___________________ Chad Nabity AICP, Planning Director ChadN S:\Docs\520.doc Last printed 8/11/2008 1:43 PM Page 2 Budget Proposal Business Improvement District No. 6 Grand Island, Nebraska Submitted to the Honorable Mayor and City Council of Grand Island July 25, 2008 By Business Improvement District No. 6 Board: Bob Dodendorf, Chair Cheryl Nietfeldt John Folsom Bill Raile Phil Maltzahn Mike Wanek Dallas Kime Proposed Budget and Purposes for Business Improvement District No. 6 The board members of Business Improvement District No. 6 have completed a thorough and disciplined process to identify their mission and prioritize the work to be accomplished over the next five years – the life of Business Improvement District No. 6 along U.S. Highway 30 (Second Street) in Grand Island. While many resources will be employed in the achievement of our mission, including the talent and efforts of stakeholders, this proposal requests a total of $183,600 for the five year life of the District. The Board is asking for $43,864 in year one with a proposed $0.50 per foot decrease. The average assessment over the 5 year period would be $5.00 per foot. Beautification and Maintenance of the Public Areas Creating a unified landscaping along Second Street is essential to the improvement of the properties. To accomplish this goal the Board has a vision for improvements of the streetscape including landscaping, trees, shrubs and grass. The developed nature of this street and the width of the roadway severely limit the amount of landscaping that can be done. Creation of the District will allow coordination of both the installation and maintenance of the landscaping. A coordinated effort will enhance the looks of the whole area and visually tie the properties together even if ownership remains separate. The District will have to seek other sources of funds for the majority of the landscaping. These sources include but are not limited to: the State of Nebraska Department of Roads and the Grand Island Community Redevelopment Authority. Both have demonstrated support for this District and have indicated that they are willing to continue and expand that support. Table 1. Business Improvement District #6 Five-Year Financial Plan Fiscal years beginning October 1, 2008 2009 2010 2011 2012 Total BID #6 Revenue 43,800 38,800 35,400 34,500 31,100 183,600 100.00% Landscaping 38,500 34,000 30,600 29,700 26,300 159,100 87% Improvements, Trees, Shrubs, Hardscaping, Maintenance and Utilities Administration of BID Board 5,300 4,800 4,800 4,800 4,800 24,500 13% Legal Notices, Advertising, Publications, Management of Contracts, Board Support Item -4 Council Referral BID 7 Insert a narrative here Wednesday, August 13, 2008 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission ChadN S:\Docs\522.doc Last printed 8/11/2008 1:43 PM Page 1 Agenda Item #6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: July 25, 2008 SUBJECT: Creation of Business Improvement District 7 (C-20-2008GI) PROPOSAL: To create a Business Improvement District for South Locust Street between Stolley Park Road and Husker Highway as shown on the attached map. This BID would replace the existing BID 3 that is set to expire later this year. The purpose of this district is to maintain the landscaping along South Locust in front of the businesses. OVERVIEW: The purpose of a Business Improvement District is to raise funds for projects that serve the interests of business owners in the district. Nebraska Statutes allow the creation of Business Improvement Districts that assess and tax business owners for services provided by the BID. These are voluntary organizations that require a majority of the property owners to agree before they can be created. . RECOMMENDATION: That the Regional Planning Commission recommend that City Council approve the creation of Business Improvement District #7 in Grand Island. ___________________ Chad Nabity AICP, Planning Director ChadN S:\Docs\522.doc Last printed 8/11/2008 1:43 PM Page 2 Budget Proposal Business Improvement District No. 7 Grand Island, Nebraska Submitted to the Honorable Mayor and City Council of Grand Island June 18, 2008 By Business Improvement District No. 7 Board of Directors: Jeff Reed, Chair Bud Rasmussen Gene McCloud Dave Bartz Bill Lawrey Rhonda Saalfeld Dan Naranjo Proposed Budget and Purposes for Business Improvement District No. 7 The board members of Business Improvement District No. 7 have completed a thorough and disciplined process to identify their mission and prioritize the work to be accomplished over the next five years – the life of Business Improvement District No. 7 along South Locust in Grand Island. While many resources will be employed in the achievement of our mission, including the talent and efforts of stakeholders, this proposal requests a total of $45,000 for year one with a 5% increase for each consecutive year for a total of $250,000 over the life of this Business Improvement District, to complete essential work determined by the Board of Directors: Beautification and Maintenance of the Public Areas Creating an atmosphere that is bright, beautiful and safe is essential to the South Locust corridor. To accomplish this goal the Board has a vision for continued improvements of the streetscape, with ideas such as trash receptacles, benches, replacement of or new trees and shrubs, and a welcome sign near the corner of Highway 34 and South Locust Street. Finally, all the resources and talent vested in Business District No. 7 rely upon the successful completion of each project and careful maintenance of the area to ensure the best possible results from the careful planning and investments of the stakeholders. To accomplish many of the duties inherent in this proposal, we must secure the necessary human resources to implement the work and maintenance pursuant to the mission of the Business District No. 7. Table 1. Business Improvement District #7 Five-Year Financial Plan Fiscal years beginning October 1, 2008 2009 2010 2011 2012 Total BID #7 Revenue 45,000 48,000 50,000 52,000 55,000 250,000 100.00% Beautification 4,100 6,500 5,600 6,500 7,500 30,200 12% Trash receptacles, benches, trees and shrubs, signage Implementation and Maintenance 40,900 41,500 44,400 45,500 47,500 219,800 88% Landscaping, lighting, snow removal, sidewalks, trees and shrubs, irrigation and irrigation system Item M5 Final Plat Powell 4th Insert a narrative here Wednesday, August 13, 2008 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission July 28, 2008 Dear Members of the Board: RE: Final Plat – Powell 4th Subdivision. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Powell 4th Subdivision, located west of Monitor Road and east of 60th Rd., and between Schimmer Drive and Husker Hwy., Grand Island, Hall County, Nebraska. This final plat proposes to create 1 lot on a tract of land comprising all of Lot One (1) Powell Third Subdivision and a part of the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4), all in Section Thirty Three (33), Township Eleven (11) North, Range (10) West of the 6th P.M., in Hall County, Nebraska. This land consists of approximately 1.258 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on August 13, 2008 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: Village Clerk Village Attorney Director of Public Works Director of Building Inspections Manager of Postal Operations Rockwell and Associates, LLC This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item F6 Text Amendment Change to Doniphan Zoning Insert a narrative here Wednesday, August 13, 2008 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission ChadN S:\Docs\526.doc Last printed 8/11/2008 1:44 PM Page 1 Agenda Item #8 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: July 25, 2008 SUBJECT: Concerning amendments to the Zoning Regulations for Doniphan. Amendments to be considered pertain to relocation of livestock waste control facilities in the Transitional Agriculture TA district to allow greater separation between these facilities and the more intensive or higher density residential uses. (C-19- 2008DON) PROPOSAL: Greg Robb, of Robb Feed Yards north of Doniphan, is requesting this zoning ordinance text change to allow him to request that the Village Board grant a conditional use permit to allow relocation/expansion of livestock waste control facilities for existing operations to property located farther away from the Village limits than the site of his existing operation. The requested changes are shown below and attached along with an application submitted by Stephan D. Mossman on behalf of Mr. Robb. This proposed language would be added to the conditional use permit section in the TA Transitional Agriculture district of the Doniphan Zoning Regulations: 18. Livestock Waste Control Facilities: if such facilities are required to bring an existing Livestock Feeding Operation (LFO) into compliance with state or federal regulations pertaining to livestock waste regulations and if such facilities are located further from the corporate boundaries of the Village of Doniphan and further from established residential subdivisions of 5 or more houses on 10 acres or less than alternative locations. Such approval by conditional use permit for the construction of livestock waste control facilities shall have no impact on the status of an LFO as an existing non-conforming use and shall be considered a separate use of such property OVERVIEW: The Village of Doniphan placed great importance on protecting the Village from negative impacts of livestock operations near the corporate limits when they adopted their 2004 Zoning Map. The steering committee and Village board both agreed that it was a benefit to the Village to zone all of the undeveloped farm ground within the extra territorial jurisdiction of the village as TA Transitional Agriculture to limit the size and intensity of confined feeding operations near the Village. Livestock operations that existed at the time of the adoption of the map were permitted to continue as non- conforming uses. As Doniphan continues to grow, the Village Board will extend their jurisdiction and may bring additional feeding operations into that jurisdiction. Under the current regulations , changes required by State or Federal law or regulation to an existing non-conforming facility are permitted as long as they do not change the foot ChadN S:\Docs\526.doc Last printed 8/11/2008 1:44 PM Page 2 print of the site and occur on site. Changes, such as the addition of livestock waste control facilities, are not permitted anywhere except within the foot print of the existing operation. This zoning ordinance text change would allow livestock producers having existing operations to request that the Village Board grant them a conditional use permit that would allow them to meet state and federal requirements and to build livestock waste control facilities further from the Village limits or existing residential development. These changes would not permit new operations to be developed; or give the Village Board an additional ability to permit new or expanded of new livestock operations in zoning districts that do not allow them. As part of the conditional use permit the Board would be able to include conditions on the permit that should include but are not limited to: 1. Limiting the use of the facility to only the specified operation. 2. Limiting the size of the operation so that it can only accommodate the number of animals that are allowed in the non-conforming operation. 3. Specifying that the permit is null and void and the operation shall cease if the operation expands. 4. Require that the facility and the associated LFO meet and operate within the bounds of state and federal regulations. As an alternative to making these conditions of the permit they could be included in the proposed ordinance change as required conditions on any permit that is granted. For instance the planning commission could recommend approval of the changes as modified: 18. Livestock Waste Control Facilities: if such facilities are required to bring an existing Livestock Feeding Operation (LFO) into compliance with state or federal regulations pertaining to livestock waste regulations and if such facilities are located further from the corporate boundaries of the Village of Doniphan and further from established residential subdivisions of 5 or more houses on 10 acres or less than alternative locations. Such approval by conditional use permit for the construction of livestock waste control facilities shall have no impact on the status of an LFO as an existing non-conforming use and shall be considered a separate use of such property, as long as any future approval of said conditional use permit is conditioned upon (1) said livestock waste control facility shall only be allowed to accept livestock waste from the subject LFO needing to comply with state or federal livestock waste regulations, (2) the subject LFO, needing to comply with state or federal livestock waste regulations, shall not be allowed to increase its then-current permitted or grandfathered livestock numbers, at that specific facility location, (3) this permit shall be null and void if the existing LFO expands in size or number of animals, (4) this livestock waste control facility and the associated LFO shall operate within the bounds of state and federal regulations.. Many of the goals espoused in the Doniphan Comprehensive Plan (Envision Doniphan section) adopted in 2004 support the proposed changes. Specific goals that would support these changes are included below. Goals from the Comprehensive Plan (Envision Doniphan) that would support these changes: ChadN S:\Docs\526.doc Last printed 8/11/2008 1:44 PM Page 3 Economic Development: Goal: Encourage development in a manner that is in harmony with the natural and built environment while expanding the tax base. Land Use: Goal: Minimize land use conflicts within the Village. Public Health, Safety and Welfare: Goal: Maintain a safe, clean, and sanitary environment for all residents. The proposed changes would allow the Village board to protect the tax base of the community and encourage/allow uses that may have a detrimental impact on the tax base to locate further from the Village limits than they otherwise might. The changes should minimize land use conflicts by creating great separation between conflicting uses. Helping local business meet the requirements of the Nebraska Department of Environmental Quality and the US Environmental Protection Agency conforms to maintaining a safe, clean and sanitary environment for all residents. RECOMMENDATION: That the Regional Planning Commission recommend that the Doniphan Village Board, approve the changes to the Zoning Regulations including the specified conditions as part of the regulation along with findings to support the changes that could include the goals listed above and other finding identified during the public hearing. ___________________ Chad Nabity AICP, Planning Director