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05-06-2009 Regional Planning Regular Meeting PacketHall County Regional Planning Commission Wednesday, May 06, 2009 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 Ray Aguilar Grand Island John Amick Hall County Karen Bredthauer Grand Island Vice Chairperson Scott Eriksen Grand Island Mark Haskins Hall County Bill Hayes Doniphan Lisa Heineman 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 Page for May 6, 2009 Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Staff Recommendation Summary For Regional Planning Commission Meeting May 6, 2009 4. Public Hearing - Rezone request concerning 3059 St Paul Rd., Garden Place Sub., Washington Township, S1/2, Lot 4 in the 2-mile extraterritorial jurisdiction of Grand Island, in Hall County, from M2 Heavy Manufacturing to LLR Large Lot Residential. See full recommendation (C-14-2009GI) (Hearing, Discussion, Action) 5. Public Hearing - Rezone request concerning 1403 Adams St., a part SE ¼ of Section 21 Township 11, Range 9, West of the 6th P.M. in Grand Island, in Hall County. Rezone from a M2 Heavy Manufacturing to R3 Medium Density Residential. See full recommendation (C-15-2009GI) (Hearing, Discussion, Action) 6. Public Hearing - Text Amendment of Zoning Ordinance. Concerning proposed amendments to section 36.173 the Setbacks and Separation or Buffer Requirements in the Grand Island City Code. See full recommendation (C-16-2009GI) (Hearing, Discussion, Action) 7. Request for Conservation Easement – Concerning a Conservation Easement comprising a part of the West Half (W1/2) of Section Twenty Four (24), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M. See full recommendation (C-17-2009HC) (Discussion, Action) 8. Request for Conservation Easement - Concerning a Conservation Easement – comprising a part of the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) and Lot One (1) in Section Three (3), Township Nine (9) North, Range Eleven (11) West of the 6th P.M. See full recommendation (C-13-2009HC) (Discussion, Action) Consent Agenda 9. Final Plat – South Place Subdivision, located east of Adams Street, in Grand Island, in Hall County Nebraska, consisting of 3.135 acres (4 Lots). This subdivision is zoned M2 Heavy Manufacturing with a request to rezone to R3 Medium Density Residential. Sewer and water are available. 10. Final Plat – Miracle Valley Second Subdivision, located east of Engleman in Grand Island Nebraska consisting of 4.375 acres (2 Lots). This subdivision is zoned LLR Large Lot Residential. Sewer and water are available. 11. Final Plat – DSK Subdivision, located north of Bismark Rd., in the 2 -mile extraterritorial jurisdiction of Grand Island, in Hall County Nebraska, consisting of 10 acres (6 Lots). This subdivision is zoned LLR Large Lot Residential. Sewer and water are not available. 12. Final Plat – Yoder Subdivision HC, located south of Loup River Rd., and east of Bluff Center Rd., in Hall County Nebraska, consisting of 3.050 acres (1 Lot). This splits an existing farmstead from a parcel of 20 acres or more. 13. Final Plat – SA Scholz Subdivision HC, located south of Prairie Rd., and west of Webb Rd., in Hall County Nebraska, consisting of 3.115 acres (1 Lot). This splits an existing farmstead from a parcel of 20 acres or more. 14. Final Plat – Allan Acres Subdivision HC, located north of Stolley Park Rd and east of 150th Road, in Hall County Nebraska, consisting of 3.00 acres (1 Lot). This splits an existing farmstead from a parcel of 20 acres or more. 15. Final Plat – Schweitzer Second Subdivision HC, located east of State Hwy 11, and north of Chapman Road, in Hall County Nebraska consisting of 5.014 acres (1 Lot). This will add property to Schweitzer subdivision. It does not create any additional lots. Item E2 Meeting Minutes for April 1, 2009 Insert a narrative here Wednesday, May 06, 2009 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 April 1, 2009 The meeting of the Regional Planning Commission was held Wednesday, February 4, 2008, in the Community Meeting Room - City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the "Grand Island Independent" January 24, 2009. Present: Pat O’Neill Leslie Ruge Karen Bredthauer Bill Hayes Scott Eriksen Ray Aguilar Jon Amick Mark Haskins Jaye Monter Absent: Deb Reynolds, Don Snodgrass, Lisa Heineman Other: Staff: Chad Nabity, Rose Woods Press: Tracy Overstreet, Independent 1. Call to order. Chairman O’Neill called the meeting to order at 6:00 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 March 4, 2009 meeting. A motion was made by Aguilar, and seconded by Bredthauer, to approve the Minutes of the March 4, 2009 meeting as presented. The motion carried with 9 members present 7 voting in favor(Aguilar, O’Neill, Ruge, Haskins, Bredthauer, Hayes, Amick) and 2 members present abstaining (Monter and Eriksen). 3. Request time to speak. No one requested time to speak. Chair O’Neill requested all Final Plats be on a Consent Agenda. Nabity briefly explained. Consent Agenda 4. Final Plat – Woodland Park Eighth Subdivision, located east of Independence Ave, in Grand Island, in Hall County Nebraska, consisting of 4.636 acres (14 Lots). 5. Final Plat – Devall Subdivision, located south of Capital Avenue, and north of Hwy 30, in the 2-mile extraterritorial of Grand Island, in Hall County Nebraska, consisting of 7.446 acres (1 Lot). 6. Final Plat – Schweitzer Second Subdivision HC, located east of State Hwy 11, and north of Chapman Road, in Hall County Nebraska, consisting of 5.014 acres (1 Lot). 7. Final Plat – P & D Acres Subdivision HC, located north of Capital Avenue and east of 150th Rd., in Hall County Nebraska, consisting of 5.177 acres (1 Lot). A motion was made by Aguilar and seconded by Haskins, to recommend the approval of the Concent Agenda for the above mentioned plats, as presented. A roll call vote was taken and the motion passed with 9 members present all voting in favor (Aguilar, Amick, O’Neill, Ruge, Hayes, Bredthauer, Haskins, Eriksen, Monter). 8. Planning Director’s Report Nabity commented there will be more on the Agenda for next months meeting. 9. Next Meeting is May 6 2009. 10. Adjourn Chairman O’Neill adjourned the meeting at 6:05 p.m. _____________________________________________ Leslie Ruge, Secretary by Rose Woods Item F3 Rezone request for 3059 St Paul Rd (C-14-2009GI) Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Zoning Change (C-14-2009GI) PROPOSAL: To rezone approximately 5.84 acres of land south of Airport Road and east of St. Paul Road from M2 Heavy Manufacturing to LLR Large Lot Residential. The property is being used for residential purposes and has been since at least 1920. The owners would like to insure that they can rebuild if the house is destroyed for any reason. OVERVIEW: Site Analysis Current zoning designation: M2 – Heavy Manufacturing Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Comprehensive Plan Designation: Designated for future development as a low to medium density residential. Existing land uses. Single Family Residence Proposed Zoning Designation LLR –- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. Adjacent Properties Analysis Current zoning designations: North: M2- Heavy Manufacturing East: TA- Transitional Agriculture, South and West: LLR-Large Lot Residential Permitted and conditional uses: TA Agricultural uses including: raising of livestock, but not confined feeding, raising crops, greenhouses and nurseries and residential uses up to a density of 1 unit per 20 acres. Minimum lot size 20 acres. LLR –- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Comprehensive Plan Designation: North, South, West: Designated for Low to Medium Density Residential. East: Designated for Manufacturing Existing land uses: North: Storage Yard, Residential, Salvage Yard South: Very Low Density Residential, Ag uses, Sod Farm East: Farm Ground, Rail Road West: Very Low Density Residential, Ag uses EVALUATION: Positive Implications: · Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for low to medium density residential (typically LLR to R3 zoning). · Would allow for expansion or rebuilding of the existing uses: This would allow the property owners to expand or rebuild on this site. · Consistent with existing uses: This change is consistent with the existing uses in the area. Some heavier uses are near this to the north but none to the east, south or west. Negative Implications: · May inhibit development of manufacturing uses adjacent to this property: The property to the east of this is planned for manufacturing uses as is most of the property surrounding the airport. The airport is most consistent manufacturing uses. Airports do not mix well with residential uses. Other Considerations The this property is already intended for possible low to medium density residential uses as shown below on the Future Land Use Map for the City of Grand Island. Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from M2-Heavy Manufacturing to LLR-Large Lot Residential as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Item F4 Rezone Request for 1403 Adams St (C-15-2009GI) Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Agenda Item # 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Zoning Change (C-15-2009GI) PROPOSAL: To rezone approximately 3.135 acres of land south of Fonner Park Road and east of Adams Street from M2 Heavy Manufacturing to R3 Medium Density Residential. This property is currently vacant. The applicant has an option to purchase this property contingent on rezoning. He intends to build apartments at this location. OVERVIEW: Site Analysis Current zoning designation: M2 – Heavy Manufacturing Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. Comprehensive Plan Designation: Designated for future development as a low to medium density residential. Existing land uses. Vacant Proposed Zoning Designation R3 –- Medium Density Residential, Residential uses at a density of 14 dwelling units per acre with 50% coverage, non-profit uses, recreational uses and agricultural uses. Adjacent Properties Analysis Current zoning designations: North: M2- Heavy Manufacturing South and East: R4- High Density Residential, West: R3-Medium Density Residential Permitted and conditional uses: M2 –Heavy Manufacturing - A wide variety of warehousing, storage, manufacturing and industrial uses and no residential uses. Storage wholesale and retail sale of grain/seed and agricultural chemicals permitted. Minimum lot size of 6000 square feet with 65% coverage. R3 –- Medium Density Residential, Residential uses at a density of 14 dwelling units per acre with 50% coverage, non-profit uses, recreational uses and agricultural uses. R4 –- High Density Residential, Residential uses at a density of 42 dwelling units per acre with 60% coverage, non-profit uses, recreational uses and agricultural uses. Comprehensive Plan Designation: North and West: Manufacturing South, and East: Designated for Low to Medium Density Residential. South and East properties are adjacent to this piece. Existing land uses: North: Sta-Rite Industries South: Multi Family Residential East: Detention Cell West: Farm Ground owned by Grand Island Public Schools as a future school site. EVALUATION: Positive Implications: · Generally Consistent with the City’s Comprehensive Land Use Plan: The area around the subject property is designated for low to medium density residential (typically LLR to R3 zoning). The future land use map is intended to be interpreted base on surrounding uses not as hard lines on the map. · Would allow for expansion residential development: This would allow apartments o be built at this location. · Is infill development: This site has all of the required municipal infrastructure. It has been in the city limits and undeveloped for a number of years. · Allows for efficient development of a small site: This zoning change would allow development of the site in a manner consistent with the surrounding properties and would maximize the benefits to both the developer and the city. Negative Implications: · None Foreseen Other Considerations The property is surrounded by land intended for low to medium density residential development. Most of his development has already occurred. The property to the west is owned by Grand Island Public Schools and is the site for a future elementary school. The Future Land Use Map for the City of Grand Island for this area is shown below. Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from M2-Heavy Manufacturing to R3- Medium Density Residential as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Item -5 Text Amendment Change (C-16-2009GI) Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Agenda Item #6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Concerning amendments to the Zoning Ordinance for the City of Grand Island and its 2 mile extra-territorial jurisdiction. Amendments to be considered pertain to the Communication Towers §36-173 Setbacks and Separation or Buffer Requirements (C-16-2009GI) PROPOSAL: The changes proposed here were requested by Patrick Buettner of Grand Island, Nebraska. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet except where such setback is from property owned by a government entity and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property.. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. OVERVIEW: The proposed changes would give the City Council flexibility in determining the appropriate setbacks for a tower when the property the tower is on is bounded by public property. Property owned by a government entity could include a: city, state, federal, natural resource district, fair board and/or public school district among others. The types of property could include: detention cells, road right of way, parks, schools, fair grounds, drainage way or projects, lakes etc… In the particular case that Mr. Buettner is interested in the tower would abut a detention cell on state owned property that is maintained by the City. Another option for amending these regulations would be to change the regulations as shown below: §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet except where such setback is from property owned, controlled and/or maintained the City and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. This change would only allow the City Council to reduce the required setbacks when the City has some interest in the property that will allow the exemption. The regulations as they are currently written do not permit Council to reduce the required setback under any circumstances. A 190 foot tower is required to be placed 145 feet from a side property line in the M2 zoning district (M2 side yard setback is 5 feet. One foot setback for every foot over 50 feet in height. 190-50 = 145). These setbacks from a side property line are required by the current regulations regardless of the adjoining use. In some cases, such as: very large rights-of-way, lakes, detention cells and other drainage structures it may be reasonable to lower the requirement on a case by case basis. The changes as proposed both by Mr. Buettner and by planning staff would let Council take the specific circumstances of either government owned or City owned controlled or maintained property into consideration while granting the permit and reduces the required setback. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the changes to the Grand Island Zoning Ordinance as suggested by staff. ___________________ Chad Nabity AICP, Planning Director §36-172. Tower Development Permit; Procedure After receipt of an application for a Tower Development Permit, the City Clerk shall schedule a public hearing before the City Council to consider such application. Notice of such application shall be placed in a newspaper of general circulation in the City at least one (1) time ten (10) days prior to such hearing. In addition to the publication, the City Clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall be not less than eighteen (18) inches in height and twenty four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1½) inches in height. Such posted notice shall be so placed upon the premises so that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The public hearing shall be held at which all interested parties shall be heard. The City Council may approve a Tower Development Permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate based upon the application and/or input received at the public hearing or deny the application. In all zoning districts in which towers are a permitted conditional use of land, the Tower Development Permit shall be deemed a conditional use permit for said tract of land. §36-173. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet except where such setback is from property owned by a government entity and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property.. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self- supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. §36-174. Structural Standards for Towers Adopted The Structural Standards For Steel Antenna Towers And Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. §36-175. Illumination and Security Fences (A) Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this Article shall be equipped with dual mode lighting. (B) All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. §36-176. Exterior Finish Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the City Council as part of the application approval process. All towers which must be approved as a conditional use shall be of stealth design unless stealth features are impractical or the cost of such features represents an undue burden on the applicant. §36-177. Landscaping All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the City Code. §36-178. Maintenance, Repair or Modification of Existing Towers All towers constructed or under construction on February 1, 1998 may continue in existence as a non-conforming structure and may be maintained or repaired without complying with any of the requirements of this Article. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this Article, including applying for and obtaining a Tower Development Permit. Any modification or reconstruction of a tower constructed or under construction on February 1, 1998, shall require compliance with the requirements of this Article including applying for and obtaining a Tower Development Permit. Said application shall describe and specify all items which do not comply with this Article and may request, subject to approval by the Mayor and City Council, an exemption from compliance as a condition of the Tower Development Permit. §36-179. Inspections The City reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities and antennas upon reasonable notice to the tower owner or operator to determine compliance with this Article and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the Building Code and any other construction standards set forth in the City Code, federal and state law or applicable ANSI standards. §36-180. Maintenance The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same does not constitute a nuisance to or a danger to the life or property of any person or the public. §36-181. Abandonment If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the Building Department shall notify the tower owner that the site will be subject to a determination by the Building Department Director that the site has been abandoned. Upon issuance of a Notice to Show Cause by the Building Department Director, the tower owner shall have thirty (30) days to show by a preponderance of the evidence that the tower has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower has been in use or under repair during the relevant period, the Building Department Director shall issue a final determination of abandonment of the site and the tower owner shall have seventy five (75) days thereafter to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall be declared a public nuisance by the Building Department Director, or his/her designee and a written request shall be directed to the City Attorney to proceed to abate said public nuisance pursuant to §20-15 of the Grand Island City Code, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the said real estate. §36-182. Satellite Dish Antennas, Regulation After February 1, 1998 installation of satellite dish antennas shall be permitted within the zoning jurisdiction of the City of Grand Island only upon compliance with the following criteria: (A) In residential zoned districts, satellite dish antennas may not exceed a diameter of ten (10) feet. (B) Single family residences may not have more than one (1) satellite dish antenna. (C) Multiple family residences with ten or less dwelling units may have no more than one (1) satellite dish antenna. Multiple family residences with more than ten (10) dwelling units may have no more than two (2) satellite dish antennas. (D) In residential zoning districts, satellite dish antennas shall not be installed in the required front yard setback area or side yard setback area. (E) All satellite dish antennas installed within the zoning jurisdiction of the City after February 1, 1998, shall be of a neutral color such as black, gray, brown, or such other color as will blend with the surrounding dominant color in order to camouflage the antenna. §36-183. Severability If any clause, section, or any other part of this Article shall be held invalid or unconstitutional by any court of competent juris diction, the remainder of this Article shall not be affected thereby, but shall remain in full force and effect. §36-184. Reserved §36-185. Reserved §36-186. Reserved §36-187. Reserved Item -6 Request for Conservation Easement (C-17-2009HC) Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Agenda Item # 7 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Conservation Easement C-17-2009HC PROPOSAL: Ricky V. Yoder and Cynthia M. Yoder and Central Platte NRD have submitted a request to Hall County for the approval of a conservation easement on property owned by the Yoder’s’ in the West Half (W1/2) of Section Four (4), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M. Hall County Nebraska. This property is located east of Bluff Center Road and south of Loup River Road. The Hall County Board of Supervisors forwarded this matter to the planning commission per statutory requirements at their meeting on April 14, 2009. OVERVIEW: Ricky and Cynthia Yoder currently own this property and wish to grant a conservation easement to the Central Platte NRD. This easement will restrict irrigation of this property. No well with a capacity of greater than 50 gpm will be permitted. Clusters of 50 gpm wells are not permitted. An existing well on the property used to irrigate other land can remain and may still be used to irrigate the other property. No pumping is allowed from an adjoining stream. No sub irrigated plants may be planted on the property. Excavations that would expose ground water, gravel pits or mines are not permitted. Residential, commercial or industrial development is limited by permission of the easement holder. As such, they are proposing to place a conservation easement on the property with rights to enforce that easement remaining with the Central Platte NRD. As defined by NRSS §76-2112, The Central Platte NRD is eligible to receive, hold and enforce the conservation easement. A recommendation on this easement to determine conformity with the Comprehensive Plan is required by State Statutes. Site Analysis Current zoning designation: AG1- Agricultural District Permitted and conditional uses: Agriculture and Agriculture Related Uses very limited residential, commercial limited to ag related commercial Comprehensive Plan Designation: Agriculture Existing land uses: Farm Ground Site constraints: none Adjacent Properties Analysis Current zoning designations: North South, East and West: AG-1 Comprehensive Plan Designation: Primary Agriculture Existing land uses: Farm Ground Figure 1. Future Land Use Map with Proposed Easement Highlighted EVALUATION: The easement is proposed on property that is zoned for agricultural purposes and planned to be used for agricultural purposes for the foreseeable future. There are no real development constraints on the property except the distance from municipal services. This property is not located on a major road way and is unlikely to attract any commercial development. Hall County Comprehensive Plan General Land Use Policies Goal 1 Hall County should manage the land in a cost-effective and efficient manner while protecting the environment and natural resources, as well as maintaining and increasing land values. Guiding future growth and development in Hall County towards a compact pattern of land uses based upon the efficient and economical expansion of public infrastructure will continue to maintain and improve the quality of life for Hall County residents. 1.1.7 Discourage and minimize leapfrog development outside of cities and villages. 1.1.8 Hall County should allow agricultural production in all areas in which agricultural uses are appropriate, and non-agricultural development in agricultural areas should be allowed in specifically designated areas which does not negatively impact the agricultural uses. 1.2.5 Encourage low to zero non-farm densities in prime farmland areas and other agricultural districts by providing residential lot size requirements and proper separation distances between residential and agricultural uses. It would appear that based on the current zoning, the future land use plan for the county, the desire of the county as expressed in the comprehensive plan general land use policies 1.1.7, 1.1.8, 1.2.5 that it would be in conformance with the Hall County Comprehensive Plan to permit this conservation easement. RECOMMENDATION: That the Regional Planning Commission recommends that the Hall County Board approve this request for a conservation easement as presented. ___________________ Chad Nabity AICP, Planning Director Item -7 Request for Conservation Easement (C-13-2009HC) Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Agenda Item # 8 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: May 6, 2009 SUBJECT: Conservation Easement C-13-2009HC PROPOSAL: Larry M. Woitaszewski and Anne M. Bohan and Central Platte NRD have submitted a request to Hall County for the approval of a conservation easement on property owned by Woitaszewski and Bohan in the NE ¼ of the NE ¼ and Lot 1 in 3-9- 11. This property is located South of U.S. Interstate 80 and west of Schaupsville Road. The Hall County Board of Supervisors forwarded this matter to the planning commission per statutory requirements at their meeting on March 31, 2009. OVERVIEW: Woitaszewski and Bohan currently own this property and wish to grant a conservation easement to the Central Platte NRD. This easement will restrict irrigation of this property from surface water sources. As such, they are proposing to place a conservation easement on the property with rights to enforce that easement remaining with the Central Platte NRD. As defined by NRSS §76-2112, The Central Platte NRD is eligible to receive, hold and enforce the conservation easement. A recommendation on this easement to determine conformity with the Comprehensive Plan is required by State Statutes. Site Analysis Current zoning designation: AG-R-River Corridor Agricultural District Permitted and conditional uses: Agriculture and Agriculture Related Issues with specific limitations based on the zoning district Comprehensive Plan Designation: Agriculture and River Protection Corridor Existing land uses: Farm Ground Site constraints: Flood Plain over portions of the site Adjacent Properties Analysis Current zoning designations: North South, East and West: AG-R-River Corridor Agricultural District Comprehensive Plan Designation: River Protection Corridor Existing land uses: Farm Ground Figure 1. Zoning Map with proposed Easement Highlighted Figure 2. Future Land Use Map with Proposed Easement Highlighted EVALUATION: The easement is proposed on property that is zoned for agricultural purposes and planned to be used for agricultural purposes for the foreseeable future. There are some development constraints on the property because a portion of the property is located within the flood plain. Hall County Comprehensive Plan General Land Use Policies Goal 1 Hall County should manage the land in a cost-effective and efficient manner while protecting the environment and natural resources, as well as maintaining and increasing land values. Guiding future growth and development in Hall County towards a compact pattern of land uses based upon the efficient and economical expansion of public infrastructure will continue to maintain and improve the quality of life for Hall County residents. 1.1.7 Discourage and minimize leapfrog development outside of cities and villages. 1.1.8 Hall County should allow agricultural production in all areas in which agricultural uses are appropriate, and non-agricultural development in agricultural areas should be allowed in specifically designated areas which does not negatively impact the agricultural uses. 1.2.5 Encourage low to zero non-farm densities in prime farmland areas and other agricultural districts by providing residential lot size requirements and proper separation distances between residential and agricultural uses. It would appear that based on the current zoning, the future land use plan for the county, the desire of the county as expressed in the comprehensive plan general land use policies 1.1.7, 1.1.8, 1.2.5 that it would be in conformance with the Hall County Comprehensive Plan to permit this conservation easement. RECOMMENDATION: That the Regional Planning Commission recommends that the Hall County Board approve this request for a conservation easement as presented. ___________________ Chad Nabity AICP, Planning Director Item J8 Consent Agenda Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Item M9 Final Plat - South Place Subdivision Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 20, 2009 Dear Members of the Board: RE: Final Plat – South Place Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of South Place Subdivision, located east of Adams St., and north of Stolley Park Rd., in the City of Grand Island, in Hall County, Nebraska. This final plat proposes to create 4 lots on a tract of land comprising a part of East Half of the Northwest Quarter of the Southeast Quarter (E1/2NW1/4SE1/4), of Section Twenty One (21) Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County Nebraska. 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Inspections City Utilities Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item M10 Fianl Plat - Miracle Valley Second Subdivision Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 17, 2009 Dear Members of the Board: RE: Final Plat – Miracle Valley Second Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Miracle Valley Second Subdivision, located east of Engleman Rd and north of Michigan Ave., in the City of Grand Island, in Hall County, Nebraska. This final plat proposes to create 2 lots on a tract of land comprising all of Lot One (1), Miracle Valley Subdivision, in the City of Grand Island, Hall County Nebraska, and said tract containing 4.375 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Inspections City Utilities Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item M11 Final Plat - DSK Subdivision Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 20, 2009 Dear Members of the Board: RE: Final Plat – DSK Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of DSK Subdivision, located east of Swan Lane and north of Bismark Rd., in the 2-mile extraterritorial of Grand Island in Hall County, Nebraska. This final plat proposes to create 6 lots on a tract of land comprising a part of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in Hall County, Nebraska. 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: City Clerk City Attorney City Public Works City Building Inspections City Utilities Hall County Clerk Hall County Attorney Hall County Public Works Hall County Building Department Manager of Postal Operations Rockwell & Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item M12 Final Plat - Yoder Subdivision HC Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 20, 2009 Dear Members of the Board: RE: Final Plat – Yoder Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Yoder Subdivision, located east of Bluff Center Rd., and north of Prairie Rd., in Hall County, Nebraska. This final plat proposes to create 1 lot on a tract of land comprising a part of the Northwest Quarter (NW1/4) of Section Four (4), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M. in Hall County, Nebraska. 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: Hall County Clerk Hall County Attorney Hall County Public Works Hall County Building Department Manager of Postal Operations Rockwell & Associates LLC This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item M13 Final Plat - SA Scholz Subdivision HC Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 20, 2009 Dear Members of the Board: RE: Final Plat – SA Scholz Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Scholz Subdivision, located east of Engleman Rd., and north of Chapman Rd., in Hall County, Nebraska. This final plat proposes to create 1 lot on a tract of land comprising a part of the Northeast Quarter (NE1/4) of Section Eleven (11), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: Hall County Clerk Hall County Attorney Hall County Public Works Hall County Building Department Manager of Postal Operations Rockwell & Associates LLC This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item M14 Final Plat - Allan Acres Subdivision HC Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 20, 2009 Dear Members of the Board: RE: Final Plat – Allan Acres Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Allan Acres Subdivision, located east of 150th Road and north of Stolley Park Rd., in Hall County, Nebraska. This final plat proposes to create 1 lot on a tract of land comprising a part of the South Half of the Northwest Quarter (S1/2NW1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Twelve (12) West of the 6th P.M. in Hall County, Nebraska. 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: Hall County Clerk Hall County Attorney Hall County Public Works Hall County Building Department Manager of Postal Operations Benjamin & Associates, INC. This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item M15 Final Plat - Schweitzer Second Subdivision HC Insert a narrative here Wednesday, May 06, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission April 20, 2009 Dear Members of the Board: RE: Final Plat – Schweitzer Second Subdivision Modified from April 1, 2009 RPC meeting. For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Schweitzer Second Subdivision, located west of Nebraska Highway 11 and north of Chapman Rd., in Hall County, Nebraska. This final plat proposes to create 1 lot on a tract of land comprising all of Lot 1, Schweitzer Subdivision and a part of the Southeast Quarter (SE1/4) of Section Twelve (12), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M. in Hall County, Nebraska. 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 May 6, 2009 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director cc: Hall County Clerk Hall County Attorney Hall County Public Works Hall County Building Department Manager of Postal Operations Benjamin & Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.