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08-05-2009 Regional Planning Regular Meeting PacketHall County Regional Planning Commission Wednesday, August 05, 2009 Regular Meeting Packet Commission Members: Regional Planning Director:Chad Nabity Technician: Edwin Maslonka Secretary: Rose Woods 7:00:00 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 August Summary Insert a narrative here Wednesday, August 05, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Staff Recommendation Summary For Regional Planning Commission Meeting August 5, 2009 4. Public Hearing – Text Amendment to amend parking regulations by allowing parking for up to 14 days on all unimproved surfaces. Amendments to be considered pertain to the §36-96 Off-Street Parking Requirements in the Grand Island City Code (C-21-2009GI). Consent Agenda 5. Final Plat – R Quandt Subdivision, located north of White Cloud Rd and west of Quandt Rd., in the 2-mile extraterritorial jurisdiction of Grand Island in Hall County Nebraska consisting of 4.184 acres (1 Lot). This splits an existing farmstead from tract of 20 acres or more. 6. Final Plat – Pilkington Subdivision, located north of Abbott Rd., and east of 80th Rd., in Hall County Nebraska, consisting of 4.617 acres (1 Lot). This splits an existing farmstead from tract of 20 acres or more. 7. Preliminary Plat – Woodland Park Subdivision, Revised Preliminary Plat, located west of Independence Ave and north of Capital Ave., in the City of Grand Island, Nebraska, consisting of (17 Lots). This revised preliminary plat changes New Jersey Avenue into a cul-de-sac named New Jersey Circle. Final Plat – Woodland Park 10th Subdivision, located east of Independence and north of Capital Ave., in Grand Island in Hall County Nebraska, consisting of (16 Building Lots and one outlot). Item E2 July Meeting Minutes Insert a narrative here Wednesday, August 05, 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 July 1, 2009 The meeting of the Regional Planning Commission was held Wednesday, July 1, 2009, in the Community Meeting Room - City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the "Grand Island Independent" June 20, 2009. Present: Pat O’Neill Leslie Ruge Karen Bredthauer Bill Hayes Deb Reynolds Scott Eriksen Ray Aguilar Mark Haskins Don Snodgrass Absent: Jaye Monter, John Amick, Lisa Heineman, Other: Staff: Chad Nabity, Rose Woods, Wes Nespor 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 June 3, 2009 meeting. A motion was made by Bredthauer, and seconded by Hayes, to approve the Minutes of the June 3, 2009 meeting as presented. The motion carried with 9 members present 7 voting in favor(Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer) and 2 members present abstaining (Eriksen, Snodgrass). 3. Request time to speak. James Hatch 360 Midaro Dr., Bev Hatch 360 Midaro Dr. , Don Razey 520 Midaro Dr., Carol White 4315 Creming St., Omaha NE, Mel Kucera 3916 22nd St., Columbus NE, Gary Williams 610 Midaro Dr, Grand Island. 4. Public Hearing – Regarding proposed changes to the Future Land Use Map of the Grand Island Comprehensive Plan. The proposed changes would shift the boundaries of property planned for GC General Commercial and properties planned for LM Low to Medium Density Residential in an area east of South Locust and south of the Wood River. (Hearing, Discussion, Action) 5. Public Hearing - Rezoning request concerning a part of Lot 34 of Matthews Subdivision as more particularly described below (2819 South Locust), in Grand Island, in Hall County. Located east of South Locust, and north of Midaro Rd., rezone from R2 Low Density Residential Zone & LLR Large Lot Residential Zone to B2 General Business Zone. (C-20-2009GI) (Hearing, Discussion, Action) O’Neill opened the Public Hearing addressing items number 4 and 5 together. Nabity explained that this application includes approximately 12 acres of land north of Midaro Drive and east of Locust Street. This property is owned by Lyman Richey Corporation and was the business location for the sand and gravel pit that operated out of this location since the mid 1970’s. The property is located within the Grand Island municipal limits. The applicant is asking that the zoning on this property be changed from R2 Low Density Residential and LLR-Large Lot Residential to B2 General Business. The stated purpose of this rezoning is to allow the applicant to continue to store mining equipment and materials in the building. Planning staff is including an amendment to the Grand Island Comprehensive Plan and Future Land Use map to change the proposed future use of this property from low to medium density residential use to general commercial use as part of this application. A portion of the property is already planned for commercial use but the entire piece is not included in the general commercial area. O’Neill entered into record the petition signed by 12 surrounding property owners, June 15, 2009, given to Grand Island Planning Department supporting the zoning request. Entered into record was the protest for Central Sand & Gravel, 2819 S Locust by James and Bev Hatch. The Hatch’s protest the rezoning of 2819 S Locust, a part of Lot 34, Matthews Subdivision from R2 Low Density Residental Zone and LLR Large Lot Residential Zone to B2 General Business Zone contending that the following: a. The covenants prohibit anything but residential lots. b. This is a lake property for homes and should remain residential. c. The business does not abut a dedicated road. d. License agreement states when mining finished property will be sold. e. When 211 Midaro was purchased in 2003 Carl Roberts assured the Hatch’s Central Sand and Gravel would clean up and leave after the Conditional Use Permit expired. f. Central Sand and Gravel has a history of not playing by the rules. g. Central Sand and Gravel has a new location on Shady Bend Road in Grand Island, it is time they finished moving. Another concern presented by the Hatch’s is the equipment that is lying around the location site is not appealing, they have future plans to build a new home on their property and the current view is obstructed by mining equipment. The Hatch’s also stated the City is not taking action to enforce the clean up of the property now that the conditional use permit has expired. The Hatches presented their testimony and evidence to the commission. A copy of their written and printed material was entered into the record of the case. Mr. Don Razey, 520 Midaro Dr., stated Lyman Richey has never been a bad neighbor; they have followed through on every request he has made to them, working with him to improve area conditions. He stated there are some misstatements made by the Hatch’s. Razey also commented on the Commercial building located to the west of Lyman Richey. Carol White, 4315 Creming St, Omaha NE, noted the scale house has been sold and removed as of July 1, 2009; all that remains is the metal building. Lyman Richey is currently mining in a separate location, they were hoping to keep the building on the property they own vs. moving to a new location that is just leased. Snodgrass asked about all the excess unused equipment that is lying around, White stated they would like to move that equipment to their new location but at the time had not spoke to Mr. Williams. Mr. Gary Williams, 610 Midaro Dr, stated there is not as much trash located around the area, he mowed the area last year and never had any issues. He stated this is a mining facility and you expect to find mining equipment on the site. The Planning Commission asked if the city is responsible for enforcing or abiding by covenants. Nabity stated that covenants on the property are a private civil matter and do not apply to actions taken by the City with regard to zoning. The City can rezone the property as they feel appropriate regardless of what the private restrictions require. There was further discussion regarding the roadway. A roadway easement has been dedicated when the property was platted. This easement appears to have been acquired to provide legal access to these properties from Midaro Drive. The City has enforced the easement and required that gates across the easement be removed to allow access. Nabity stated the conditional use permit allowed the building to be used as a warehouse/shop for operation for as long as they were still operating or mining. Now they are no longer operating in the area, the building can stay, in LLR zone the building could be used as a house; this is a permitted use in the LLR zone. Lyman Richey would like to rezone the area to be used the building for commercial uses. O’Neill closed the Public Hearing and asked for motions regarding the proposed changes. A motion was made by Bredthauer and seconded by Reynolds, to recommend the approval of the changes to the Future Land Use Map of the Grand Island Comprehensive Plan finding that a portion of this property is already planned for General Commercial Use; the remainder of the property is adjacent to property planned for general commercial use and the future land use map is a general guideline not a strict. A roll call vote was taken and the motion passed with 9 members present, 7 voting in favor (Aguilar, O’Neill, Ruge, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and 2 members against (Hayes, Reynolds). A motion was made by Ruge and seconded by Aguilar to recommend the approval of the zoning change for 2819 S Locust, a part of Lot 34, Matthews Subdivision as presented from R2 and LLR to B2 Zone findings that the City is not bound by covenants and deed restrictions CCR or any private license agreements; that the existing use is consistent with the rezoning and that the zoning changes is consistent with the Grand Island Comprehensive Plan. A roll call vote was taken and the motion passed with 9 members present, 7 voting in favor (Aguilar, O’Neill, Ruge, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and 2 members against (Hayes, Reynolds). Consent Agenda 6. Final Plat – E & K Estates Subdivision, located north of White Cloud Rd. and west of McGuire Rd., in Hall County Nebraska consisting of 3.449 acres (1 Lot). This is a one time split from a parcel of 80 acres or more. 7. Final Plat – Journeys End Subdivision, located north of Wildwood Drive and east of Stuhr Rd. in Hall County, consisting of 1.6920 acres (1 Lot). This is a one time split from a parcel of 80 acres or more. 8. Final Plat – DKS Subdivision, located north of Chapman Rd., and west of State Highway 11, in Hall County, consisting of 3.0119 acres (1 Lot). This is a one time split from a parcel of 80 acres or more. A motion was made by Eriksen and seconded by Hayes to approve the plats as presented. A roll call vote was taken and the motion passed with 9 members present (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and no member present abstaining. 9. Planning Director’s Report Budget changes were planned personnel expenses, projected increases for comparability and step increases. Operating cost has been cut by 10% going into next year. Budget has been forwarded to the Hall County Board. A motion was made by Hayes and seconded by Haskins to approve the budget for the 09/10 fiscal year. A roll call vote was taken and the motion passed with 9 members present (Aguilar, O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Bredthauer, Snodgrass) voting in favor and no member present abstaining. 10. Next Meeting August 5, 2009 11. Adjourn Chairman O’Neill adjourned the meeting at 7:00 p.m. _____________________________________________ Leslie Ruge, Secretary by Rose Woods Item F3 Text Amendment Insert a narrative here Wednesday, August 05, 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: August 5, 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 §36-96 Off-Street Parking Requirements (C-21-2009GI) PROPOSAL: The changes proposed here were suggest by City of Grand Island Staff in response to the relocation of the Nebraska State Fair to Fonner Park. While these changes will address issues that will arise during the State Fair they also address issues for similar events at other locations in the city and its 2 mile ETJ. All areas with changes are highlighted. Additions are Italicized and underlined and deletions are in strike out. §36-96. Off-Street Parking Requirements (A) Purposes: (1) It is the intent of this section that all buildings and uses shall provide off-street parking and loading facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private property and under the same ownership as such buildings or uses. The accommodations may consist of lots, garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the ground. (2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be sited and built according to the requirements contained in this section, and shall require an application for and issuance of a building permit pursuant to §8-22. (B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading facility and space hereafter constructed, upon proper application and permit being granted shall be sited and constructed pursuant to the requirements of this section. No application for a building permit for such building, addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of off-street parking and loading spaces as required herein for the existing or proposed building or use and including all such additions or alterations. No occupancy or use permit shall be issued unless the required parking and loading facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all zones and districts but not to include the following business districts or tracts of land as identified below: (1) Central Business District as identified and described in Chapter 13 of this code as the Downtown Improvement and Parking District No. 1. (2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore Street; thence southerly on Sycamore Street to 100 feet south of the south right-of-way line of North Front Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street to the point of beginning. (3) tracts of land ten acres or more used for seasonal events(1 event every 3 months) of not more than 14 consecutive days in duration and a minimum of 14 days between events.. OVERVIEW: Fonner Park appears to have sufficient hard surface parking to accommodate the existing buildings and the new buildings to be placed on site for the State Fair. Areas that have improved parking will be used for the Midway, food vendors and possibly display areas during the State Fair. These areas will not be available for parking during the fair. The current regulations do not make any provisions for parking on unimproved surfaces. These proposed changes would allow Fonner Park and others such as the Heartland Shooting Park, Grand Island Airport and even Stuhr Museum to use unimproved parking for seasonal events lasting not longer than 14 days. As long as these events are temporary in nature and seasonal they are unlikely to create regular and significant issues with dust. It is not the intent of this change to permit the development of parking areas with gravel, crushed rock, asphalt millings or other non-dust free surfaces. If the parking were required to be improved it would increase the likelihood of drainage problems in the area as paved surfaces shed more water and shed water faster than unpaved surfaces. For events that are held regularly it is appropriate to find some other means of handling the drainage; for events that are sporadic or seasonal it is more appropriate to allow grassed areas that will not shed water quickly. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the changes to the Grand Island Code §36-96 Off- Street Parking Requirements as suggested by staff. ___________________ Chad Nabity AICP, Planning Director Item J4 Consent Agenda Insert a narrative here Wednesday, August 05, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Item M5 Final Plat Insert a narrative here Wednesday, August 05, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission July 22, 2009 Dear Members of the Board: RE: Final Plat – R Quandt Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of R Quandt Subdivision, located west of Quandt Rd and North of White Cloud Rd, in the 2-mile extraterritorial jurisdiction of Grand Island, 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 Northeast Quarter (S1/2NE1/4) in Section Twenty Three (23), Township Twelve (12) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska and said tract containing 4.184 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 5, 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 This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. July 21, 2009 Dear Members of the Board: RE: Final Plat – Pilkington Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Pilkington Subdivision, located east of 80th Rd., and north of Abbott Rd., in Hall County, Nebraska. This final plat proposes to create 1 lot on a tract of land comprising a part of the North Half of the Northwest Quarter (N1/2NW1/4) in Section Thirty (30), Township Twelve (12) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, and said tract containing 4.617 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 5, 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 This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Item L6 Prelim/Final Plat Woodland Park Insert a narrative here Wednesday, August 05, 2009 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission July 21, 2009 Dear Members of the Board: RE: Preliminary Plat Revised Woodland Park Subdivision Final Plat – Woodland Park Tenth Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a Preliminary Plat Revised Woodland Park Subdivision and the Final Plat for Woodland Park Tenth Subdivision, located east of Independence Ave., and north of Capital Ave., in the City of Grand Island, in Hall County, Nebraska. This final plat proposes to create 17 lots on a tract of land consisting of part of the West Half of the Southeast Quarter (W1/2, SE1/4) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, in Hall County Nebraska, said tract containing 13.491 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. August 5, 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 Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.