11-04-2015 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, November 4, 2015
Regular Meeting Packet
Commission Members:
Terry Connick Hall County
John Hoggatt Grand Island
Derek Apfel Grand Island
Jerry Huismann Grand Island
Mark Haskins Hall County
Carla Maurer Doniphan
Dean Kjar Wood River
Dean Sears Grand Island
Jaye Monter Cairo
Pat O’Neill Hall County Chairperson
Greg Robb Hall County
Leslie Ruge Alda Secretary
Regional Planning Director: Chad Nabity
Planning Technician:
Edwin Maslonka
Planning Secretary:
Rose Rhoads
6:00 PM
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Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, 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.
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Hall County Regional Planning
Commission
Wednesday, November 4, 2015
Regular Meeting
Item A1
Agenda
Staff Contact: Chad Nabity
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REGIONAL PLANNING COMMISSION
AGENDA AND NOTICE OF MEETING
Wednesday, November 4, 2015
6:00 p.m.
City Hall Council Chambers — Grand Island
1. Call to Order.
This is a public meeting subject to the open meetings laws of the State
of Nebraska. The requirements for an open meeting are posted on the
wall in this room and anyone who would like to find out what those are
is welcome to read through them.
The Planning Commission may vote to go into Closed Session on any
Agenda Item as allowed by State Law.
The Commission will discuss and may take action on any item listed on
this agenda.
The order of items on the agenda may be reorganized by the Chair to
facilitate the flow of the meeting to better accommodate the public.
2. Minutes of October 7, 2015.
3.Request Time to Speak.
4.Public Hearing – Concerning an application for Mid America Wash Out,
located at 9551 S Locust Street, in Hall County, Nebraska. Resolution No.
2016-02. (C-04-2016HC)
Consent Agenda
5.Final Plat – Landell Holdings Second Subdivision – located north of
Capital Ave and east of Gunbarrel Rd., in the 2 mile jurisdiction of the City of
Grand Island, in Hall County, consisting of 1 lot and 3.736 acres.
6.Final Plat – Devore Second Subdivision – located south of Guenther Road
and east of Schauppsville Road, in Hall County, consisting of 2 lots and 7.41
acres.
7.Final Plat – Englehart Acres Subdivision – located north of Husker
Highway and east of Cameron Road, in Hall County, consisting of 1 lot and
5.56 acres.
8.Election of Officers
9.Next Meeting December 2, 2015
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10. Adjourn
PLEASE NOTE: This meeting is open to the public, and a current agenda is
on file at the office of the Regional Planning Commission, located on the
second floor of City Hall in Grand Island, Nebraska.
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Hall County Regional Planning
Commission
Wednesday, November 4, 2015
Regular Meeting
Item E1
Meeting Minutes
Staff Contact: Chad Nabity
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THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
October 7, 2015
The meeting of the Regional Planning Commission was held Wednesday, October 7, 2015 in
the Council Chambers - City Hall – Grand Island, Nebraska. Notice of this meeting appeared
in the "Grand Island Independent" September 26, 2015.
Present: Pat O’Neill Carla Maurer
Karen Bredthauer Terry Connick
Les Ruge Greg Robb
Dean Sears Dean Kjar
Mark Haskins Jaye Monter
Absent: Jerry Huismann, Julie Connelly
Other:
Staff:Chad Nabity, Rose Rhoads
Press:
1.Call to order.
Chairman O’Neill called the meeting to order at 6:00 p.m.
O’Neill 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 are posted on
the wall in the room and easily accessible to anyone who may be interested in reading
them.
O’Neill also noted the Planning Commission may vote to go into Closed Session on
any Agenda Item as allowed by State Law.
The Commission will discuss and may take action on any item listed on this agenda.
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The order of items on the agenda may be reorganized by the Chair to facilitate the flow
of the meeting to better accommodate the public.
2. Minutes of September 2, 2015 meeting.
A motion was made by Bredthauer and seconded by Kjar to approve the
Minutes of the September 2, 2015 meeting.
The motion carried with 10 members present and 9 voting in favor (O’Neill,
Ruge, Connick, Maurer, Sears, Kjar, Robb, Haskins, Bredthauer ) and 1
member (Monter) abstaining.
3.Request Time to Speak.
Doug Metzler & Dave Taylor – Grand Island EDC, item #6. Vincent Valentino,
Lincoln NE, Scott Bergthold, Chattanooga, TN, Item #5.5.
4.Community Beautification Award.
5.Consider/Vote on whether to enter into Executive/Closed Session for the
protection of the public interest regarding threat of litigation and legal procedures
with legal counsel for the County of Hall and City Of Grand Island.
A motion was made by Ruge at 6:33 p.m. to enter into executive/closed session and
was seconded by Monter. The motion carried with 10 members present and voting in
favor (Connick, Kjar, Bredthauer, Maurer, Robb, O’Neill, Haskins, Ruge, Monter,
Sears) and no member abstaining.
A motion was made by Ruge and seconded by Maurer to return from executive/closed
session at 6:47 p.m. The motion carried with 10 members present and voting in favor
(Connick, Kjar, Bredthauer, Maurer, Robb, O’Neill, Haskins, Ruge, Monter, Sears) and
no member abstaining.
5.5.Public Hearing – Regulation Update – Proposal of Hall County Board of Supervisors
regarding possible amendments to the Zoning Regulations of Hall County, Nebraska,
pursuant to Article 10, Section 10.01 of the Hall County Nebraska Zoning Resolution
#04-0020. The proposed amendments relate to definitional sections and regulations for
adult establishments and the land available to adult establishments as a permitted use,
in AG-SI Special Agriculture/Industrial Zone, AG-SE Agriculture/Events Zone, LI
Light Industrial District, and G-I General Industrial District, as well as harmonizing
general penalty provisions in the existing regulations. The proposed amendments
would affect Sections 2.03A, 2.03.11 through 2.03.20, 2.03.269, 2.03.389, 2.03.390,
4.06.01, 4.06.02, 4.07.01, 4.07.02, 4.14.01 to 4.14.03 (paragraph 5), 4.15.01 to 4.15.03
(paragraph 13), 6.08, 10.02, 10.03, and 11.01 of the existing regulations, and would add
a new Section 3.29 Adult Entertainment Regulations, and a new Section 7.06 Remedies
for Violation, Penalties, and Enforcement Generally. (C-01-2016HC)
O’Neill opened the Public Hearing.
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The new regulations would expand the amount of land zoned for adult-oriented
business use from the current 300 acres in general and light industrial zoned land
to nearly 9,000 acres. It added in the AG-SE Agricultural/Events and AG-SI
Agriculture/Industrial Zone land that is at the former 20-square mile Cornhusker
Army Ammunition Plant west of Grand Island.
The new regulations also make adult-oriented businesses a permitted use in those
zoned area, meaning that adult-oriented business owners in those areas will no
longer be subject to public hearings and conditional use permits. Their business
will simply be allowed.
However, the new regulations give more specificity to regulations adult-oriented
businesses must follow. Some of the rules are: Alcohol is prohibited; they must be
1,000 feet away from houses, churches, schools, parks and recreational facilities;
they must be closed between midnight and 6 a.m.; full nudity is not allowed; and
semi-nude employees must be at least six feet away from all patrons.
The planning commission asked no questions about the proposed new regulations,
nor did any member offer any comments.
The commission met in a 10-minute closed door meeting with Lincoln attorney
Vince Valentino about pending litigation facing Hall County. The pending lawsuit
is one filed in federal court by Lincoln businessman Shane Harrington, alleging
that Hall County lacks the amount of land, per capita, needed for adult-oriented
businesses.
The commission then heard a public presentation over the phone by Chattanooga,
TN attorney, Scott Bergthold about court cases across the country that have
determined that cities and counties can regulate adult-oriented businesses to
prevent negative secondary affects such as prostitution, traffic problems, litter,
burglary and the devaluation of neighboring properties.
O’Neill closed the Public Hearing.
Ruge made the motion to recommend to the County Board that the proposed zoning
regulation amendments, as updated, be adopted, and that a report be prepared for the
County Board following today’s hearing by the Planning Director, to incorporate that
the proposed changes are:
1) Needed and justified based on the need to regulate the secondary effects of adult
establishments;
2)The proposed amendments are consistent with the purposed of the general planning
program and comprehensive plan, because based upon study and review, they will:
A)Protect the tax base;
B)Protect property against blight and depreciation;
C)Secure economy in governmental expenditures;
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D)Foster the state’s industries;
E)Encourage the most appropriate use of the land in the county.
A motion was made by Ruge and seconded by Bredthauer. The motion carried with 10
members present and voting in favor (Connick, Kjar, Bredthauer, Maurer, Robb,
O’Neill, Haskins, Ruge, Monter, Sears) and no member abstaining.
6.Public Hearing – Redevelopment Plan - Public Hearing - Concerning an amendment
to the redevelopment plan for CRA, Area 7, for a Site Specific Redevelopment Plan for
property located at the southwest corner of the intersection of Schimmer Road and
Blaine Street, in Grand Island, Hall County, Nebraska. Resolution No. 2016-01. (C-02-
2016GI)
O’Neill opened the Public Hearing.
Nabity briefly spoke about the Netherlands-based company Hendix-ISA and the
acquisition of property at the Southwest corner of Schimmer Road and Blaine Street
(Approximately 20 Acres) and the subsequent site work, grading, drainage,
improvements, engineering, landscaping and parking improvements necessary for
constructing a commercial chicken hatchery at this location.
O’Neill closed the Public Hearing.
A motion was made by Bredthauer and seconded by Robb. The motion carried with 10
members present and voting in favor (Connick, Kjar, Bredthauer, Maurer, Robb,
O’Neill, Haskins, Ruge, Monter, Sears) and no member abstaining.
7.Public Hearing –Annexation Cairo – (C-03-2016C)
A tract of land in the North ½ of Section 19, Township 12 north, Range 11 West of the
6th P.M. in Hall County. Located north of and including Nebraska Highway 2, west of
and including 130th Road and south of and including One R Road. A proposed
industrial park for the Village of Cairo.
O’Neill opened the Public Hearing.
Nabity noted there have been no additional changes to the map since its
readoption in 2013. The Village Board has initiated action to annex property
owned by the village and designated for an industrial park. The annexation of this
additional property will result in the extension of the extra-territorial jurisdiction
(ETJ) and the need to extend the industrial district to cover this property in a
manner consistent with the future land use map of the Village. The property in
the ETJ will be rezoned to keep the TA Transitional Agriculture District
extending approximately ½ mile around the municipal limits and the AG
Agricultural Zone extending from the outer edge of the TA to the edge of the
jurisdiction. The Village of Cairo has chosen square off their ETJ at the quarter
quarter section boundary. This means that in some places it will not extend the
full mile from the municipal limits but will stop at the quarter quarter section line
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that is nearest to 1 mile from the municipal limits. This map will be adopted at the
completion of the passage of the ordinance for annexation.
ANNEXATIONS
The Village of Cairo will have annexed the industrial park property owned by the
Village north or Nebraska Highway 2 and the Burlington Northern Santa Fe
(BNSF) rail road tracks, west of 130th Road and south of One R Road as shown.
All of these changes are consistent with the existing uses and the Future Land Use
map for the Village of Cairo provided the proposed changes to the future land use
map also under consideration are approved. The proposed changes will
harmonize the map and make enforcement of the zoning regulations more
consistent.
This Public Hearing was considered along with item #8.
O’Neill closed the Public Hearing.
A motion was made by Bredthauer and seconded by Connick. The motion carried with
10 members present and voting in favor (Connick, Kjar, Bredthauer, Maurer, Robb,
O’Neill, Haskins, Ruge, Monter, Sears) and no member abstaining.
8.Public Hearing – Adoption of New Zoning Map for Cairo (C-03-2016C)
This map includes changes proposed with the annexation above and extension of the
Extraterritorial Zoning Jurisdiction.
This Public Hearing was considered along with item #7.
A motion was made by Bredthauer and seconded by Monter. The motion carried with
10 members present and voting in favor (Connick, Kjar, Bredthauer, Maurer, Robb,
O’Neill, Haskins, Ruge, Monter, Sears) and no member abstaining.
9.Final Plat – Concept Third Subdivision – located south 4th Street and east of Taft
Ave., in the City of Grand Island, in Hall County, consisting of 3 lots and 12.5469
acres.
10. Final Plat – Cairo Business Park Subdivision – located south of One R Rd and west
of 130th Rd., in Hall County, consisting of 20 lots and 90.072 acres.
A motion was made by Bredthauer and seconded by Kjar. The motion carried with 10
members present and voting in favor (Connick, Kjar, Bredthauer, Maurer, Robb,
O’Neill, Haskins, Ruge, Monter, Sears) and no member abstaining.
11.Next Meeting October 7, 2015
12.Adjourn
Chairman Pat O’Neill adjourned the meeting at 7:15 p.m.
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___________________________________________
Leslie Ruge, Secretary
By Rose Rhoads
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Hall County Regional Planning
Commission
Wednesday, November 4, 2015
Regular Meeting
Item F1
Conditional Use Permits
Staff Contact: Chad Nabity
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Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
October 27, 2015
SUBJECT: Concerning an Application to Hall County for a Conditional Use Permit for a
Livestock Trailer Washout to be located at 9551 South Locust Street in the NW ¼ of the SW ¼
of Section 34-Township 10 North, Range 9 West of the 6th PM in Hall County Nebraska. (C-04-
2016HC)
PROPOSAL:
Douglas R. and Nancy A. Stange, owners of the property have applied for a conditional use
permit for a livestock trailer washout to be located on their property at 9551 South Locust Street.
If the permit is granted it is their intent to sell the property to Chad Ruda with Mid-America
Washout to operate the facility at this location. A full copy of the application and all
supplementary data included with the application is attached to this report.
BACKGROUND:
According to the Hall County Zoning Regulations Definitions Section:
2.03.76 CONDITIONAL USE PERMIT shall mean a permit issued by the Planning
Commission and County Board that authorizes the recipient to make conditional use of
property in accordance with the provisions of Article 5 and any additional conditions
placed upon, or required by said permit.
This differs from a Permitted Use defined as:
2.03.119 PERMITTED USE shall mean any land use allowed without condition within a
zoning district.
A permitted use is allowed outright in a particular zoning district if it is listed in the zoning
district and/or zoning matrix as permitted. Conditional uses are assumed to fit within a particular
district if they conform to the conditions applied to the permit after a hearing. In certain cases, a
conditional use permit can be denied when it is found based on the facts presented during the
hearing that the use is incompatible with the particular site and that conditions cannot reasonably
be drafted that would allow that particular use to coexist with the existing uses. In either case,
the decision making body must make findings of fact to support either granting or denying the
permit.
Conditional Use Permits (or Special Exceptions) may be issued three different ways based on
NRSS §23-114.01 (Appendix A)
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1.The Planning Commission has the authority to grant conditional use permits unless the
County Board has specifically withheld that authority unto themselves.
2.The County Board may withhold the ability to grant conditional use permits unto
themselves.
3.The County Board may withhold the ability to grant conditional use permits unto
themselves after a recommendation from the planning commission.
The Hall County Board has retained the authority to grant conditional use permits unto
themselves since the first zoning regulations were adopted. This was confirmed with the
adoption of new regulations in 2004 (Hall County Zoning Regulations Article 5 Conditional
Uses, Procedures and Standards Section 5.01 Conditional Uses). (Appendix B)
On June 16, 2015 the Hall County Board passed Resolution #15-025 (Appendix C) giving them
the authority to refer decision making regarding a conditional use permit to the Hall County
Regional Planning Commission in cases where the Board of Supervisors feels they have a
conflict of interest that would prevent them having a quorum of its members to rule on any
particular case. Since the Board of Supervisors made a decision on a similar application for a
truck washout on this property in June of 2015, the Board did not feel they could review this new
application and grant it a fair and impartial hearing and have therefore referred the decision on
this permit to the Planning Commission.
The Planning Commission will hold a public hearing and take testimony in this case. The
Planning Commission will be asked to decide to grant or deny the permit based upon the facts
presented at the case during the hearing. This report and all of the information forwarded to
Planning Commission members including:
1.This Staff Recommendation
2.The Hall County Comprehensive Plan and those specific portions called out in the staff
report.
3.Conditional Use Permit Application by Doug Stange including exhibits 1-15c
4.Conditional Use Permit Application by Chad Ruda, with Mid America Washout and
proceedings of Hall County Board Action relative to that permit application including
both the resolution that was proposed to approve the application and the one that was
approved denying the application.
5.All Correspondence received by the Hall County Regional Planning Department prior to
sending this packet to planning commissioners, media, other interested parties and
posting to the internet. No written correspondence has been received though the planning
department has fielded several calls and sent out copies of the application and
regulations.
The Planning Commission may, at their discretion:
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1.Continue the public hearing to a later date, in an effort to gather more information prior
to making a decision,
2.Refer the issue to a committee to draft findings and or conditions that support the
decision of the planning commission.
3.Place conditions upon the operation that will mitigate negative impacts of the operation
to the County, and neighboring property owners,
The County Board considered a similar application with these as possible conditions. If the
Planning Commission wishes to consider granting the permit these conditions would potentially
address a majority of the issues. Comments on the various conditions are interspersed with the
conditions.
1. This permit shall become null and void and otherwise be revoked unless construction
and operation of the livestock trailer washout is commenced within two years of the date of the
signing of this resolution. Another consideration would be to cancel the permit if the use stops
for a period of time (12 months or 24 months)
2. The above-described real estate must, at all times, be kept in a clean, neat and orderly
condition. Said real estate shall not be subdivided or otherwise occupied by any other entity,
business or private. Applicant is authorized to build a home on-site for occupancy by applicant’s
site manager. In the construction of said house, Applicant must comply with all other
construction codes, regulations, rules, laws, ordinances or resolutions applicable to the site.
3. No waste other than the waste from livestock trailers washed out on the above-
described real estate shall be placed or stored upon the real estate. Applicant/Permittee shall take
reasonable measures to prevent other parties from dumping any other waste on the property.
4. Solid waste generated from Applicant/Permittee’s operation of a livestock trailer
washout shall be kept in an enclosed metal building with a concrete floor, and in no event may
such solid waste be kept on-site for longer than seven (7) days.
5. The liquid waste generated from Applicant/Permittee’s operation of a livestock trailer
washout shall be held and treated in an on-site lagoon meeting any and all requirements of the
United States Environmental Protection Agency and the Nebraska Department of Environmental
Quality. No such liquid waste shall be allowed to flow out of the lagoon and on to adjacent
property. Only surface waters which have historically flowed from the premises shall be
permitted to leave the same through historical natural drainage ways.
6. Applicant/Permittee shall plant, nurture and maintain (a) a row of trees between South
Locust Street and the above-mentioned lagoon for the purpose of, to the extent reasonably
possible, providing a visual barrier between the street and the lagoon; and (b), a row of trees
extending in an easterly direction from the southern end of the first row of trees, along the
southern boundary of the lagoon, to the eastern boundary of the subjected property for the same
general purpose.
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7. No uses under this Conditional Use Permit shall result in air, water or groundwater
pollution that creates an unreasonable hazard or nuisance to the adjacent landowners or to the
general public.
8. The term of this Conditional Use Permit shall be for a period of five (5) years
beginning the date this permit is signed, but may be terminated if Applicant/Permittee fails to
comply with any of the conditions, restrictions and obligations set forth herein. The Hall County
Board of Supervisors shall notify the Applicant/Permittee in writing setting forth the specific
area(s) of noncompliance. If Applicant/Permittee fails to take reasonable action to correct any or
all violations within 30 days after receiving said notice, the Hall County Board of Supervisors
shall hold a public hearing to consider the revocation and termination of this Conditional Use
Permit. Any such action will require a majority vote of said Board. Condition 8 would limit this
permit to 5 years the applicants indicate that they do not believe that this investment can be
returned in a 5 year period and that condition would negatively impact the financial feasibility of
the project. The Planning Commission could consider a different time period. The Hall County
Board has granted permits for up to 10 years. The City of Grand Island has granted permits
without an expiration date.:
9. Nothing in the grant of this Conditional Use Permit shall be construed as a grant of
right, authority or permit to allow any use of land, materials or methods which violate any state
or federal law, or rule or regulation of any federal, state or local agency other than as specifically
set forth herein. The Applicant/Permittee shall comply with all applicable local, state and federal
laws or regulations including, but not limited to, those pertaining to water quality, flood control
and protection, and environmental quality and protection.
10. The rights granted by this Permit of Conditional Use shall not be assignable or
transferable, and shall not run with the land. The acceptance by Applicant/Permittee of any
benefit or right pursuant to this resolution shall constitute Applicant/Permittee’s agreement to be
bound by the terms, conditions and restrictions of this resolution. This would need to be modified
to allow the sale of the property one time to Mid America Washout of Grand Island LLC or it
could be eliminated. In most cases conditional use permits run with the land and as long as the
conditions are met the permit can be continued for the term of the permit.
The County Board did pass a resolution denying the permit with the following findings, if the
Planning Commission wishes to deny the permit you must support that decision with findings of
fact based on the testimony presented during the hearing. Since this is a new application with
new testimony and a variety of exhibits addressing the environmental and traffic concerns the
Planning Commission can if they choose make different findings based on the evidence
presented.
County Board Findings to deny the previous application:
1. The proposed livestock trailer washout would result in a substantial risk of air
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pollution, creating an unreasonable hazard or nuisance to adjacent landowners and the general
public.
2. The proposed livestock trailer washout would result in a substantial risk of
groundwater contamination, creating an unreasonable hazard or nuisance to adjacent landowners
and the general public.
3. The proposed livestock trailer washout would result in increased truck traffic on South
Locust Street (Old Highway 281), creating an unreasonable hazard to motorists and pedestrians
who otherwise travel the road.
4. The proposed livestock trailer washout would result in increased truck traffic on South
Locust Street, creating unreasonable wear on the hard-surfaced road to the detriment of the
general public.
Other Factors to Consider in the Decision Making Process:
The property in question is shown on the Future Land Use map of Hall County as Transitional
Agriculture. The property to the north and east of this is general agricultural ground. The
following descriptions are from the Hall County Comprehensive Plan as adopted.
General Agriculture use area provides for the preservation of land currently in agricultural
production within the unincorporated areas of Hall County. It is in these locations that typical
row crop production and livestock production should occur.
Transitional Agricultural use areas delineate land adjacent to established communities within
Hall County. These land use districts act as a transitional area encouraging continued
agricultural, but would also serve as a means of protection for the communities and its residents
by not permitting intensive agricultural (new or expanded livestock production) uses.
The property in question only has access to South Locust. According to the Hall County
Engineer Steve Riehle, the pavement on South Locust is thicker than a typical paved county road
due to the fact that it was originally built as Highway 281. The average daily traffic based on the
Nebraska Department of Roads count on this section of South Locust is 1575 vehicles per day.
If this facility adds 50 trucks a day, some of which may already be using the road, this would
represent a 3.1% increase in traffic. A paved 2 lane highway typically can carry 8000 to 10,000
vehicles per day before experiencing any reduction in level of service.
There are no publically accessible livestock trailer washouts in Hall County.
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ACTION NEEDED:
The Planning Commission can move to approve or deny the application for a conditional use permit.
Either motion must be supported by facts presented during the public hearing or publically available as
part of the Planning Commission meeting packet. If the Planning moves to approve the application they
can also choose to include conditions to the permit. There are examples of conditions shown above that
could be considered. Other conditions may also be appropriate. Planning Commission could if they
choose postpone a final decision and refer the matter to a committee to recommend conditions and
findings. If the matter is referred to a committee the decision could be made at the meeting scheduled
for December 2nd or at another meeting with a date to be announced during this meeting and the
motion to postpone.
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(Appendix A)
23-114.01. County planning commission; appointment; qualifications; terms;
vacancies; compensation; expenses; powers; duties; appeal.
(1) In order to avail itself of the powers conferred by section 23-114, the county
board shall appoint a planning commission to be known as the county planning
commission. The members of the commission shall be residents of the county to be
planned and shall be appointed with due consideration to geographical and population
factors. Since the primary focus of concern and control in county planning and land-
use regulatory programs is the unincorporated area, a majority of the members of the
commission shall be residents of unincorporated areas, except that this requirement
shall not apply to joint planning commissions. Members of the commission shall hold
no county or municipal office, except that a member may also be a member of a city,
village, or other type of planning commission. The term of each member shall be three
years, except that approximately one-third of the members of the first commission
shall serve for terms of one year, one-third for terms of two years, and one-third for
terms of three years. All members shall hold office until their successors are
appointed. Members of the commission may be removed by a majority vote of the
county board for inefficiency, neglect of duty, or malfeasance in office or other good
and sufficient cause upon written charges being filed with the county board and after a
public hearing has been held regarding such charges. Vacancies occurring otherwise
than through the expiration of terms shall be filled for the unexpired terms by
individuals appointed by the county board. Members of the commission shall be
compensated for their actual and necessary expenses incurred in connection with their
duties in an amount to be fixed by the county board. Reimbursement for mileage shall
be made at the rate provided in section 81-1176. Each county board may provide a per
diem payment for members of the commission of not to exceed fifteen dollars for each
day that each such member attends meetings of the commission or is engaged in
matters concerning the commission, but no member shall receive more than one
thousand dollars in any one year. Such per diem payments shall be in addition to and
separate from compensation for expenses.
(2) The commission: (a) Shall prepare and adopt as its policy statement a
comprehensive development plan and such implemental means as a capital
improvement program, subdivision regulations, building codes, and a zoning
resolution; (b) shall consult with and advise public officials and agencies, public
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utilities, civic organizations, educational institutions, and citizens relating to the
promulgation of implemental programs; (c) may delegate authority to any of the
groups named in subdivision (b) of this subsection to conduct studies and make
surveys for the commission; and (d) shall make preliminary reports on its findings and
hold public hearings before submitting its final reports. The county board shall not
hold its public meetings or take action on matters relating to the comprehensive
development plan, capital improvements, building codes, subdivision development, or
zoning until it has received the recommendations of the commission.
(3) The commission may, with the consent of the governing body, in its own name:
Make and enter into contracts with public or private bodies; receive contributions,
bequests, gifts, or grants of funds from public or private sources; expend the funds
appropriated to it by the county board; employ agents and employees; and acquire,
hold, and dispose of property. The commission may, on its own authority: Make
arrangements consistent with its program; conduct or sponsor special studies or
planning work for any public body or appropriate agency; receive grants,
remuneration, or reimbursement for such studies or work; and at its public hearings,
summon witnesses, administer oaths, and compel the giving of testimony.
(4) In all counties in the state, the county planning commission may grant
conditional uses or special exceptions to property owners for the use of their property
if the county board of commissioners or supervisors has officially and generally
authorized the commission to exercise such powers and has approved the standards
and procedures the commission adopted for equitably and judiciously granting such
conditional uses or special exceptions. The granting of a conditional use permit or
special exception shall only allow property owners to put their property to a special
use if it is among those uses specifically identified in the county zoning regulations as
classifications of uses which may require special conditions or requirements to be met
by the owners before a use permit or building permit is authorized. The applicant for a
conditional use permit or special exception for a livestock operation specifically
identified in the county zoning regulations as a classification of use which may
require special conditions or requirements to be met within an area of a county zoned
for agricultural use may request a determination of the special conditions or
requirements to be imposed by the county planning commission or by the county
board of commissioners or supervisors if the board has not authorized the commission
to exercise such authority. Upon request the commission or board shall issue such
determination of the special conditions or requirements to be imposed in a timely
manner. Such special conditions or requirements to be imposed may include, but are
not limited to, the submission of information that may be separately provided to state
or federal agencies in applying to obtain the applicable state and federal permits. The
commission or the board may request and review, prior to making a determination of
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the special conditions or requirements to be imposed, reasonable information relevant
to the conditional use or special exception. If a determination of the special conditions
or requirements to be imposed has been made, final permit approval may be withheld
subject only to a final review by the commission or county board to determine
whether there is a substantial change in the applicant's proposed use of the property
upon which the determination was based and that the applicant has met, or will meet,
the special conditions or requirements imposed in the determination. For purposes of
this section, substantial change shall include any significant alteration in the original
application including a significant change in the design or location of buildings or
facilities, in waste disposal methods or facilities, or in capacity.
(5) The power to grant conditional uses or special exceptions as set forth in
subsection (4) of this section shall be the exclusive authority of the commission,
except that the county board of commissioners or supervisors may choose to retain for
itself the power to grant conditional uses or special exceptions for those classifications
of uses specified in the county zoning regulations. The county board of
commissioners or supervisors may exercise such power if it has formally adopted
standards and procedures for granting such conditional uses or special exceptions in a
manner that is equitable and which will promote the public interest. In any county
other than a county in which is located a city of the primary class, an appeal of a
decision by the county planning commission or county board of commissioners or
supervisors regarding a conditional use or special exception shall be made to the
district court. In any county in which is located a city of the primary class, an appeal
of a decision by the county planning commission regarding a conditional use or
special exception shall be made to the county board of commissioners or supervisors,
and an appeal of a decision by the county board of commissioners or supervisors
regarding a conditional use or special exception shall be made to the district court.
(6) Whenever a county planning commission or county board is authorized to grant
conditional uses or special exceptions pursuant to subsection (4) or (5) of this section,
the planning commission or county board shall, with its decision to grant or deny a
conditional use permit or special exception, issue a statement of factual findings
arising from the record of proceedings that support the granting or denial of the
conditional use permit or special exception. If a county planning commission's role is
advisory to the county board, the county planning commission shall submit such
statement with its recommendation to the county board as to whether to approve or
deny a conditional use permit or special exception.
Source: Laws 1967, c. 117, § 2, p. 366; Laws 1975, LB 410, § 22; Laws 1978, LB
186, § 8; Laws 1981, LB 204, § 21; Laws 1982, LB 601, § 1; Laws 1991, LB 259, §
1; Laws 1996, LB 1011, § 6; Laws 2003, LB 754, § 3; Laws 2004, LB 973, § 3; Laws
2010, LB970, § 1.
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Annotations
Subsection (5) of this section provides for a right of appeal to the district
court from a decision by the county planning commission or county board of
commissioners or supervisors, without setting forth any procedure for
prosecuting the appeal. Therefore, the appeal procedure in section 25-1937 is
also implicated. In re Application of Olmer, 275 Neb. 852, 752 N.W.2d 124
(2008).
If there is a conflict between a comprehensive plan and a zoning ordinance,
the latter is controlling when questions of a citizen's property rights are at issue.
Stones v. Plattsmouth Airport Authority, 193 Neb. 552, 228 N.W.2d 129
(1975).
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(Appendix B)
ARTICLE 5: CONDITIONAL USES, PROCEDURES, AND STANDARDS
Section 5.01 Conditional Uses
The County Board of Supervisors shall hear and make decisions on applications for conditional uses
as herein provided. The Board may grant, grant with conditions or safeguards or deny any
application for a conditional use according to the following procedure:
1.A written application for a conditional use shall be submitted to the County Board by the
property owner upon whose land the conditional use is proposed. The application shall
contain a legal description of the property, the section of this Resolution under which the
conditional use is sought and the grounds for requesting a conditional use. A development
plan, schedule of development and other supportive material may be required by the Board.
2.A public hearing shall be set for which notice shall be given 10 days in advance of such
hearing. The applicant shall be notified by mail, and public notice shall be placed in a
newspaper of general circulation within the county at least one time 10 days prior to such
hearing.
3.The public hearing shall be held at which all persons in interest may be heard.
4.After close of the hearing, the Board shall consider all evidence presented and the following
items before taking final action on the application:
A.ingress and egress to property and proposed structures with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or other emergency;
B.off-street parking and loading areas with attention to the above item;
C.the effects of noise, glare, odor, etc. of the proposed conditional use upon adjoining
properties and properties generally in the district;
D.refuse and service areas;
E.utilities required with reference to locations and availability;
F.screening and buffering proposed with reference to type, dimensions and character;
G.signs, lighting and fencing, if any, with reference to glare, traffic safety, security and
other effects upon adjacent properties;
H.required yards, open spaces, easements or right-of-ways;
I.General compatibility with adjacent properties and other properties in the area.
5.Temporary uses which may or may not be in conformance with the district in which it is
proposed to be located, and not involving the construction of a new permanent building,
may be considered by the Board in accordance with procedures in this section. Approval of
such temporary use shall be limited to a maximum of two years.
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(Appendix C)
Hall County Resolution #15-025 Dated June 16, 2015
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Hall County Regional Planning
Commission
Wednesday, November 4, 2015
Regular Meeting
Item M1
Landell Holdings Second Sub
Staff Contact: Chad Nabity
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October 21, 2016
Dear Members of the Board:
RE: Final Plat – Landell Second Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Landell Second Subdivision, located in the 2 mile
extra territorial jurisdiction of the City of Grand Island, in Hall County Nebraska.
This final plat proposes to create 1 lot, on a tract of land comprising a part of South
Half of the Southeast Quarter (S1/2 SE1/4) Section One (1), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, said tract
containing 4.00 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 November 4, 2015 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: County Clerk
County Attorney
County Public Works
County Zoning
City Clerk
City Attorney
City Public Works
City Building Department
City Utilities
Manager of Postal Operations
Rockwell & Associates
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
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Hall County Regional Planning
Commission
Wednesday, November 4, 2015
Regular Meeting
Item M2
Devore Second Sub
Staff Contact: Chad Nabity
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October 21, 2015
Dear Members of the Board:
RE: Final Plat – Devore Second Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Devore Second Subdivision, located in Hall County
Nebraska.
This final plat proposes to create 2 lots, on a tract of land comprising a part of West
Half of the Northwest Quarter (W1/2 NW1/4), Section Fourteen (14), Township Ten
(10) North, Range Eleven (11) West of the 6th P.M., and all of Lot 1, Devore
Subdivision located in Hall County, Nebraska, said tract containing 7.41 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 November 4, 2015 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: County Clerk
County Attorney
County Public Works
County Zoning
Manager of Postal Operations
Ripp Land Surveying
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
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Hall County Regional Planning
Commission
Wednesday, November 4, 2015
Regular Meeting
Item M3
Englehart Acres Sub
Staff Contact: Chad Nabity
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October 21, 2015
Dear Members of the Board:
RE: Final Plat – Englehart Acres Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Englehart Acres Subdivision, located in Hall
County Nebraska.
This final plat proposes to create 1 lot, on a tract of land in the South Half of the
Southeast Quarter (S½ SE ¼), Section Twenty Six (26) Township Eleven (11)
North, Range Twelve (12) West of the 6th P.M., in Hall County, Nebraska, said tract
containing 5.56 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 November 4, 2015 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: County Clerk
County Attorney
County Public Works
County Zoning
Manager of Postal Operations
N-Line Surveying
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
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