01-10-2018 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, January 10, 2018
Regular Meeting Packet
Commission Members:
Judd Allan Hall County
Tony Randone Grand Island
Derek Apfel Grand Island
Hector Rubio Grand Island
Leonard Rainforth Hall County
Carla Maurer Doniphan
Dean Kjar Wood River
Robin Hendricksen Grand Island
Jaye Monter Cairo Vice Chairperson
Pat O’Neill Hall County Chairperson
Greg Robb Hall County
Leslie Ruge Alda Secretary
Regional Planning Director: Chad Nabity
Planning Technician:Administrative Assistant:
Tracy Gartner
6:00 PM
City Hall Council Chambers - Grand Island
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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, January 10, 2018
Regular Meeting
Item A1
Agenda
Staff Contact: Chad Nabity
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AGENDA AND NOTICE OF MEETING
Wednesday, January 10, 2018
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 the December 6, 2017.
3.Request Time to Speak.
4.Training Session – The Comprehensive Plan and its Relationship to Zoning
Consent agenda
5.Final Plat –
6.Final Plat –
7.Director’s Report.
8.Next Meeting February 7, 2017.
9.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, January 10, 2018
Regular Meeting
Item E1
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
December 6, 2017
The meeting of the Regional Planning Commission was held Wednesday, December 6, 2017,
in the Council Chambers - City Hall – Grand Island, Nebraska. Notice of this meeting
appeared in the "Grand Island Independent" on November 24, 2017.
Present: Pat O’Neill Robin Hendricksen (arrived at 6:58 p.m.)
Les Ruge Dean Kjar
Hector Rubio Derek Apfel
Judd Allan Jaye Monter
Carla Maurer Greg Robb (arrived at 6:06 p.m.)
Absent: Leonard Rainforth, Tony Randone.
Other: Hall County Supervisor Karen Bredthauer, Grand Island City
Councilman Mitch Nickerson, Hall County Engineer Steve Riehle,
Grand Island Public Works Director John Collins.
Staff: Chad Nabity, Tracy Overstreet Gartner.
Press: Austin Koeller, Grand Island Independent.
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.
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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 the November 1, 2017 meeting.
A motion was made by Apfel and seconded by Maurer to approve the minutes
of the November 1, 2017 meeting.
The motion carried with eight members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Monter, Rubio and Kjar) and no members voting no or abstaining.
3.Request Time to Speak.
Steve Spaulding, 3204 S. Shady Bend Road, Items 6 and 7; Christie DePoorter,
3321 Conrad Drive, Items 6 and 7; Elaine Dooley, 3060 Roselawn Drive, Items
6 and 7; Linda Uhrich, 3126 Goldenrod Drive, Items 6 and 7. The following
requested time to speak during discussion on Items 6 and 7: Ray Dooley, 3060
Roselawn Drive.
4. Public Hearing – Redevelopment Plan – Take Flight Investments LLC–
Concerning an amendment to the redevelopment plan for CRA Area 1 for a Site
Specific Redevelopment Plan of 209 W. Third, Grand Island, Hall County, Nebraska
(C-07-2018GI)
This item was held after the public hearings on Items 5 and 6 as the developer had not
yet arrived, but had indicated he would be arriving from another meeting. O’Neill
opened the public hearing.
Nabity said this redevelopment plan by Think Smart LLC is seeking to redevelop the
former Connie Swanson Photography building at 209 W. Third into commercial space
on the first floor and residential space on the mezzanine and second floor. Nabity said
the mixed use downtown is consistent with Grand Island’s comprehensive plan.
Ruge asked about access to the alley for fire response. Nabity said the development will
have to comply with fire code.
O’Neill closed the public hearing.
A motion was made by Hendricksen and seconded by Allan to recommend approval of
the redevelopment plan and Resolution 2018-05, finding that the plan is consistent with
the comprehensive land use plan.
The motion carried with ten members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Monter, Rubio, Hendricksen and Kjar) and no members voting
no or abstaining.
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5.Public hearing – One and Six Year Street Improvement Plan – Grand Island –
Public hearing and action on the 2018 to 2023 street improvement plan for the City of
Grand Island, Hall County, Nebraska (C-08-2018GI)
O’Neill opened the public hearing.
Grand Island Public Works Director John Collins detailed the street improvements that
were substantially completed over the current year. He then displayed a spreadsheet
listing the proposed projects for the next six years. Collins said upgrades to the Five
Points intersection and work on the Sycamore Street underpass are of note. Upgrades to
13th Street have been moved up to the 2018-19 fiscal year due to the proposed
relocation of a fire station at 13th and North Road. Other projects in the next year
include reconfiguring Stolley Park, raising the clearance from 13 feet to 16 feet and
improving drainage on the Sycamore Street underpass, widening and improving Old
Potash Highway on either side of Highway 281, and the standard local resurfacing
projects. Collins then displayed a map of the projects for 2019-2023.
Ruge and Allan asked about state funding, design and timeline for the Highway 30
realignment, which Collins said is on tap for 2022. Ruge expressed concern that the Old
Potash work needed to extend further west to Engleman Road. Collins said that area is
under study but will likely be addressed in a separate project. Ruge said 13th Street and
the North Road area needs more upgrades that those planned. Collins said 13th Street
does have a lot of traffic. He said morning and evening commute traffic causes more
delays on 13th than traffic from Westridge Middle School, although the school does
create traffic congestion issues. Collins would like to see those addressed in the next six
years – as well as improving all the intersections along North Road. Kjar asked about a
traffic signal at 13th and North to accommodate the proposed fire station and 911 center
there. Collins said a roundabout would work better for the next 20 years. A signal
would require turning lanes.
O’Neill closed the public hearing.
A motion was made by Ruge and seconded by Kjar to recommend approval of the
Grand Island One and Six Year Street Improvement Plan.
The motion carried with nine members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Monter, Rubio and Kjar) and no members voting no or
abstaining. (Hendricksen did not vote as he hadn’t yet arrived at the meeting.)
6. Public hearing – Rezoning – Grand Island – A request to rezone part of Lot 1 and all
of Lot 2 of proposed Meadow Lane Seventh Subdivision from LLR Large Lot
Residential to B-2 General Business Zone, in the jurisdiction of the City of Grand
Island, Hall County, Nebraska (C-33-2017GI)
O’Neill opened the public hearing.
Nabity said this rezoning has been before the commission at the July meeting and was
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reconfigured to allow residential lots along Conrad and Goldenrod Drive. However, the
Grand Island City Council referred the rezoning and final plat back to the planning
commission amid drainage concerns in the area. Nabity said the area doesn’t drain well
and never really has. He said the county, which has jurisdiction over the roads in the
subdivision, last cleaned out the ditches there in 1994. Nabity said he and Hall County
Engineer Steve Riehle met with neighbors to work out possible drainage remedies.
Nabity said property owner Steve Spaulding has consented to a 30-feet wide drainage
easement through part of the subdivision, the developers have consented to creation of
a 1.5 acre water retention pond to hold and meter out rainfall and runoff and the county
has consented to cleaning out ditches.
Riehle said the county has two proposed short-term remedies – to clean out the ditches
along Conrad Drive and Goldenrod and to work with Spaulding to design and
implement a 30-feet wide drainage easement along the path of the original slough.
Riehle said long term the county plans to work with the Natural Resources District to
improve drainage along the slough. Riehle said there is a 4-inch high rise in the slough
now that serves as a dam to water trying to flow through. Riehle said ultimately work
needs to be done both up gradient (by Wal-Mart South) and down gradient (into
Merrick County) to improve water flow through the subdivision. Riehle said the water
retention cell could also help improve water flow.
O’Neill asked why the county should pay to clear out ditches when statute states
property owners should do so. Riehle said this particular issue has become a health and
welfare issue, so he feels the county should do more. Riehle said he feels the county has
been negligent in waiting so long to clear out ditches. O’Neill said he was researching
state statute and found that the county can make property owners clear drainage ways
on their property. O’Neill said if the county doesn’t take such action, five property
owner can petition the county to force the county to take action. Riehle confirmed that
state statute states a county “shall” take drainage action upon petition by five affected
property owners.
Riehle said the county is also looking at a potential paving district for an orphaned
gravel stretch of Conrad and is looking at replacing/relaying some culvert pipe along
Conrad.
Christie DePoorter, 3321 Conrad Drive, owner and developer, spoke in favor of the
rezoning. She said over the past six months work has been done to address concerns.
Residential lots were identified along Conrad and Goldenrod to maintain the
neighborhood feel, she said. DePoorter said restrictive covenants will be prepared to
require a green space on the north end of Lot 2 (commercial lot) that can be used in the
future for the creation of a 1-acre to 1.5-acre water retention cell to meter water out so
the slough is not overwhelmed. She said work is being done with Spaulding to have the
drainage easement identified that can serve as the outlet for the retention cell, which is
proposed now to be 15 to 20 inches deep with sloped sidewalls. DePoorter said the
southwest end of Lot 2 will have an access off Highway 34 and a 40-feet wide
easement road will allow access to both Lot 2 and Lot 1. The northern access on Lot 1
that enters onto Conrad is there only to meet the city’s regulations of frontage on a
public road for all lots. That Conrad access will be a maintenance driveway, not one
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that can be accessed by commercial trucks, she said. DePoorter said there are currently
no buyers for the proposed commercial lots. There were previously two interested
buyers, but their interest ceased after the concerns raised by neighbors back in July.
Steve Spaulding, 3204 S. Shady Bend Road, spoke in favor of the rezoning. He said it
makes sense to have commercial usage along Highway 34, but he also favors
improving the drainage. Spaulding said he is willing to give up one-half acre of his
property for creation of a 30-feet wide drainage easement that the county will take over
and maintain. Spaulding said the drainage easement and clearing out ditches should
improve drainage through the subdivision as it currently exists. If the Meadow Lane 7th
area is fully developed, Spaulding said the water retention cell will be needed in order
to hold about 90,000 cubic feet of water and meter it out over one to two days after a
significant rain.
Elaine Dooley, 3060 Roselawn Drive, said many concerns have been addressed,
however she is concerned about standing water in the retention cell and mosquito
populations. She is also concerned about existing Highway 34 traffic and fears vehicles
slowing to turn into the proposed commercial lots will pose a safety risk. She would
like a turn lane there. O’Neill said the state will not allow a turn lane there, however he
plans to ask for a speed limit reduction during the next Metropolitan Planning
Organization meeting, of which he is the Regional Planning Commission liaison.
Linda Uhrich, 3126 Goldenrod Drive, said the subdivision has had water problems for
more than 20 years. The residents there ask the county for improvement and nothing
happens. She said when it rains, homeowners dewater, which is nearly useless because
they pump water out into their yards, which recycles into the home again. Uhrich said
she agrees that something should happen with the field the developers want rezoned,
but she has concerns with the water. She wants to see something done so that properties
are not flooded.
O’Neill asked that the 1963 aerials shots of the area be displayed so that the
commission could see that the subdivision was built in the bottom of the slough.
O’Neill asked if drainage easements through the subdivision have been recorded.
Nabity said yes.
Ray Dooley, 3060 Roselawn Drive, asked about truck restrictions on the driveway onto
Conrad and what improvements down gradient could be made. O’Neill reiterated the
ability to force the county to improve drainage through a five-person petition. Nabity
said drainage issues up- and down-gradient aren’t issues that are related to the rezoning
of this particular parcel.
O’Neill called DePoorter to the podium and asked if she would agree to a no-truck
stipulation for the driveway on Conrad. She said yes. O’Neill asked DePoorter if she
would consent to the set aside of green space for future creation of a water retention
cell on Lot 2. She said yes. Allan asked about maintenance on the retention cell. Riehle
said he wants the floor of the retention cell built up one foot above the floor of the
ditches so that the cell remains dry except for major rain events. That will allow the cell
to be mowed and maintained.
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O’Neill closed the public hearing.
A motion was made by Ruge and seconded by Robb to recommend approval of the
rezoning from LLR Large Lot Residential to B-2 General Business.
The motion carried with nine members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Monter, Rubio and Kjar) and no members voting no and one
abstaining (Hendricksen.)
7.Final Plat – Meadow Lane 7th Subdivision – Located north of Highway 34 and west
of Shady Bent Road in the jurisdiction of Grand Island, in Hall County, Nebraska. (6
lots, 11.68 acres)
A motion was made by Ruge and seconded by Kjar to stipulate that the subdivision
agreement for the Meadow Lane 7th Subdivision (which the commission approved
September 6, 2017) include a prohibition on a commercial driveway onto Conrad Drive
and that green space be set aside on Lot 2 to accommodate the size and design of a
water retention cell that meets the approval of the county engineer.
The motion carried with nine members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Monter, Rubio and Kjar) and no members voting no and one
abstaining (Hendricksen.)
Consent Agenda
8.Final Plat – TDKM Subdivision – Hall County – located south of Platte River Drive
and west of Hilltop Road in Hall County, Nebraska (1 lot, 1.02 acres)
9.Final Plat – Walker Acres Subdivision – Hall County – located south of Lepin Road
and west of 190th Road in Hall County, Nebraska ( 1 lot, 3.4407 acres)
10.Final Plat – Stacy Jo 2nd Subdivision – Wood River – located south of Wood River
Road and east of Cottonwood Street in the City of Wood River, in Hall County,
Nebraska (1 lot, 0.551 acre)
A motion was made by Hendricksen and seconded by Apfel to recommend approval of
the final plats for TDKM Subdivison, Walker Acres Subdivision and Stacy Jo 2nd
Subdivision.
The motion carried with ten members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Monter, Rubio, Hendricksen and Kjar) and no members voting
or abstaining.
11. Election of Officers
A motion was made by Apfel and seconded by Maurer to retain the current slate of
officers: Chairman Pat O’Neill, Vice Chairman Jaye Monter and Secretary Les Ruge.
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The motion carried with ten members in favor (Apfel, Allan, O’Neill, Ruge,
Maurer, Robb, Monter, Rubio, Hendricksen and Kjar) and no members voting
or abstaining.
12. Director’s Report.
Nabity said the administrative assistant position has been offered and accepted by
Crystal Uecker. Her starting date is being worked out. Nabity said he has four
interviews Thursday for the planning technician position. He will be attending the
annual Nebraska Association of County Officials meeting in Kearney next Thursday.
13.Next Regular Meeting January 3, 2017.
13.Adjourn
O’Neill adjourned the meeting at 7:46 p.m.
___________________________________________
Leslie Ruge, Secretary
By Tracy Overstreet Gartner
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Hall County Regional Planning
Commission
Wednesday, January 10, 2018
Regular Meeting
Item 1
The Comprehensive Plan and its Relationship to Zoning
Staff Contact: Chad Nabity
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January 2018
THE COMPREHENSIVE DEVELOPMENT PLAN
AND ITS RELATIONSHIP TO ZONING
Presenter:
Chad Nabity, AICP
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Why Plan?
In the
beginning…
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Why Plan?
Then came the
Transportation
systems…….and
People
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Why Plan?
Then more people
came and formed a
town with different
uses…...
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Why Plan?
Then more people,
more uses and
signs…..
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Why Plan?
Then comes
redevelopment and
reuse and more
people….
What next?????
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Why Plan?
Blight and
deterioration OR a
community that
evolves through
Planning
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What Is Planning
PLANNING IS AN ORGANIZED WAY OF DETERMINING
COMMUNITY NEEDS AND SETTING GOALS AND
OBJECTIVES TO ADDRESS THE NEEDS.
PLANNING IS A FORWARD THINKING PROCESS.
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What Is Planning
PLANNING BRIDGES THE GAP FROM WHERE WE ARE TO WHERE
WE WANT TO GO.
PLANNING IS A PROCESS THAT CAN HELP MOVE A COMMUNITY
FROM TODAY’S REALITY TO TOMORROW’S POSSIBILITIES.
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What Is Planning
Even a journey of a thousand miles must begin with a single step.
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Authority to Plan
IF A COMMUNITY OR COUNTY CHOOSES TO PLAN THEN THE
GOVERNING BODY SHALL:
•Create a planning commission
•Create, revise and implement a comprehensive plan
•Adopt and enforce a zoning resolution/ordinance
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Jurisdictions
•CITY/VILLAGE JURISDICTION
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Purpose
THE COMPREHENSIVE PLAN
IS ABOUT POLICY
POLICIES DRIVE
REGULATIONS AND OTHER
IMPLEMENTATION TOOLS
COMPREHENSIVE PLANS
ARE NOT DIRECTLY
REGULATORY
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Purpose
DETERMINE DISTRIBUTION AND USE OF LAND
GENERAL LOCATION, CHARACTER AND EXTENT OF TRANSPORTATION
ROUTES AND FACILITIES
GENERAL LOCATION, TYPE, CAPACITY AND AREA OF PRESENT
AND PROJECTED COMMUNITY FACILITIES
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Comprehensive Plan
PLANS SHOULD CONTAIN THE FOLLOWING ELEMENTS:
•Demographics (Population statistics, housing statistics, economic statistics)
•Community/County Facilities
•Existing Land Uses
•Energy Element
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Comprehensive Plan
PLANS SHOULD CONTAIN THE FOLLOWING ELEMENTS:
•Environmental Data
•Issues, Goals & Objectives
•Future Land Uses
•Transportation Elements
•Annexation and SIDS (municipalities only)
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Environmental Issues
REVIEW ENVIRONMENTAL CONDITIONS
•Soil Suitabilities
EXISTING ENVIRONMENTAL CONDITIONS/EXISTING LAND USES =
FUTURE LAND USES
•Steeper slopes may require special conditions or prohibit development
•Floodplains and wetlands
•special conditions for development/livestock production
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Soils Mapping
Special Conditions needed in
areas colored RED
GREEN areas are ideal for
Septic System placement
YELLOW areas may need
special consideration depending
on the conditions affecting the soil
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Soils Mapping
Dwellings with Basements Dwellings without Basements Landfill Suitability Limitations on Small Commercial
Buildings
Prime Farmland Percent Slope Hydric Soils Depth to Groundwater
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Land Use
•SHOULD INCLUDE BOTH GRAPHIC & TEXTUAL MATERIAL
•LAND USE PLAN SHOULD:
§Distribution and location of specific uses
§Recommended standards of population density
§Review existing Land Uses throughout the Community and County to:
Ø Document the uses for potential non-conforming uses
Ø guide the Future Land Uses.
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Land Use
•THE FUTURE LAND USE PLAN CAN BE AS SIMPLE OR COMPLEX AS DESIRED OR NEEDED.
•THE FUTURE LAND USE PLAN IS A POLICY STATEMENT
•directs future growth and uses.
•Works at placing compatible uses together while separating incompatible uses
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Land Use
•THE FUTURE LAND USE PLAN IS A POLICY
STATEMENT
•directs future growth and uses.
•Works at placing compatible uses together
while separating incompatible uses
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Comprehensive Plans
•IMPLEMENTATION IS CRITICAL TO A SUCCESSFUL
PLAN
•ZONING AND SUBDIVISION REGULATIONS ARE
KEY IMPLEMENTATION TOOLS
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What is Zoning
•It is NOT the Zoning Police
•It is NOT Communism
•It is about PROTECTING ones INVESTMENT and
PROPERTY VALUES
•It is about placing COMPATIBLE USES next to each
other
Quincy Herald-Whig –
January 16, 2008
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Bridging from the Comprehensive Plan to Zoning
•COMPREHENSIVE DEVELOPMENT PLAN IS THE BASIS FOR WRITING THE ZONING
REGULATIONS
•§19-903 Comprehensive development plan; requirements; regulations and restrictions
made in accordance with plan; considerations .
The regulations and restrictions authorized by sections 19-901 to 19-915 shall be in accordance with a
comprehensive development plan which shall consist of both graphic and textual material and shall be
designed to accommodate anticipated long-range future growth which shall be based upon documented
population and economic projections. The comprehensive development plan shall, among other possible
elements, include:
•Case Law
Zoning regulations must be made in accordance with comprehensive plan. Weber v. City of
Grand Island, 165 Neb. 827, 87 N.W.2d 575 (1958).
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Bridging from the Comprehensive Plan to Zoning
COMPREHENSIVE DEVELOPMENT PLAN IS THE BASIS FOR WRITING THE ZONING
REGULATIONS
•§23-114.03 ZONING REGULATIONS; PURPOSE; DISTRICTS.
Zoning regulations shall be adopted or amended by the county board only after the adoption of the county comprehensive development plan by the county board and the receipt of the planning commission's specific recommendations. Such zoning regulations shall be consistent with an adopted comprehensive development plan and designed for the purpose of promoting the health, safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Nebraska, including, among others, such specific purposes as:
•CASE LAW
Under the 1967 act, a county engaged in zoning ought to adopt a comprehensive development plan
within a reasonable time. Bagley v. County of Sarpy, 189 Neb. 393, 202 N.W.2d 841 (1972).
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Zoning
•EXERCISE OF “POLICE POWER”
•TO PROMOTE:
Ø Health and safety
Ø Morals (in Nebraska)
Ø Convenience , order and prosperity
Ø Welfare of public
Property owner refuses to comply
to the zoning regulations
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Zoning Addresses
•LOCATION, HEIGHT, BULK, NUMBER OF STORIES, AND SIZE
•PERCENTAGE OF LOT AREAS TO BE OCCUPIED
•BUILDING SETBACK LINES
•SIZES OF YARDS, COURTS AND OPEN SPACES
•DENSITY OF POPULATION
•USES OF BUILDINGS
•USES OF LAND
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Purpose of Zoning
•DISTRIBUTE/CONSOLIDATE POPULATION AND LAND DEVELOPMENT
•PROTECT TAX BASE
•PROTECT PROPERTY AGAINST BLIGHT AND DEPRECIATION
•SECURE GOVERNMENTAL EXPENDITURES
•FOSTER AGRICULTURE, RECREATION AND INDUSTRIES
•ENCOURAGE APPROPRIATE USE OF LAND
•PRESERVE AND ENHANCE HISTORIC PLACES
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Zoning Districts
•MAY DIVIDE JURISDICTION INTO DISTRICTS
•REGULATE, RESTRICT OR PROHIBIT
•Erection
•Construction
•Reconstruction
•Use
•USE, CONDITION OR OCCUPANCY OF LAND
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Zoning Districts
•EXCEPTION (REGARDING BUILDING PERMITS ONLY*)
•Agricultural Structures (counties only)
•Buildings utilized for agricultural purposes on twenty acres or more which
produces $1,000 or more of farm products each year
* Nebraska Supreme Court ruled that agricultural uses were not exempt
from land use and setbacks regulations nor was it the intent of the
legislature when the Statutes were written. Holt County v. Premium Farms
Zoning Permits –
YES
Building Permits -
NO
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The Zoning Map
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The Future Land Use Map
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The Zoning Map
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Zoning Districts
•WHAT USES GO WHERE?
•What makes sense to your
community or county
•You want similar uses near
each other
•Minimizing land use conflicts
is critical
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Conditional Uses
•MAY GRANT CONDITIONAL USE PERMITS
•Specific Conditions
•Public hearings
•Equitable
•Promotes public interest
•Site Specific
•Planning Commission/Governing Body
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Conditional Uses
•BE VERY CAUTIOUS WITH WHAT YOU REQUIRE A CUP FOR?
•Adult Entertainment venues
•Signs
•Anything that has a direct constitutional protection under the 1 st Amendment
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Conditional Uses
•COUNTIES ARE REQUIRED UNDER STATUTE TO MAKE “FINDINGS OF FACT” ON
CONDITIONAL USE PERMITS
•Actually all decisions should include “Findings of Fact”
•“findings of Fact” by the Planning Commission provides the Governing Bodies with key pieces
of information – gives elected officials some insight into how the Planning Commission is
thinking.
•“Findings of Fact” by Planning Commission and the Governing Body provides a record by
which a judge can make a ruling if a municipality/County Decision is appealed.
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Board of Adjustment
•BOARD OF ADJUSTMENT
•Appointed by Governing Body
•Five members and one alternate
•Decisions appealed to District Court, not Governing Body
•Three distinct powers
Ø Hear and decide appeals
Ø Hear and decode requests for interpretation of maps
Ø Grant variance
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Variances
•VARIANCE GRANTED BY BOARD OF ADJUSTMENT WHEN:
•Regulation would produce undue hardship
•Hardship not shared by other properties
•Variance will not be detriment to adjacent property
•Based upon exceptional hardship, not profit, convenience or caprice
•SITUATION OR USE NOT TO BE ADOPTED AS AMENDMENT
•VOTE OF FOUR MEMBERS NEEDED TO:
•reverse any decision of Zoning Administrator
•grant a variance
•Decide a line on a map
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QUESTIONS?
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