08-01-2018 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, August 1, 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:
Rashad Moxey
Administrative Assistant:
Norma Hernandez
6:00 PM
City Hall
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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, August 1, 2018
Regular Meeting
Item A1
Agenda
Staff Contact:
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Staff Summary August 2018 Page 1
Staff Recommendation Summary
For Regional Planning Commission Meeting
July 11, 2018
4.Public Hearing – Zoning Change – Doniphan: - Concerning an application
to rezone lots 30 and 31 for Scudder’s Second Addition to the Village of
Doniphan from R3-Multiple Family Residential District to I-2 Heavy Industrial.
This property is located south of Cedar Street and east of York Street in the
Village of Doniphan. The proposed use for this property includes a storage
building. (C-23-2018D) (Hearing, Discussion, Action) See full
recommendation.
5.Public Hearing – Zoning Change – Grand Island: Concerning an
application to rezone property proposed for platting as The Orchard
Subdivision located south of Capital Avenue, east of Beal Street north of the
intersection of 12th Street and Lambert Avenue and west of the railroad
tracks from LLR Large Lot Residential and R2-Low Density Residential to
R3-SL Medium Density Small Lot Residential. (C-24-2018GI) See full
recommendation
Discussion of the Preliminary Plat for The Orchard Subdivision.
Review and discussion of the Preliminary Plat for The Orchard Subdivison as
part of the discussion on the rezoning to R3-SL. Planning Commission will
not be making any recommendations on this subdivision at this meeting.
6.Request for Conservation Easement - Concerning a Conservation
Easement – Sections 33 and 34 in Township 10 N, Range 10 W. of the 6th
P.M. (C-25-2018HC) An additional conservation easement is being
proposed for 1.89 acres of property already covered by a conservation
easement that was approved in 1983. On August 9, 1983 the Hall County
Board passed a resolution approving a conservation easement between the
The Platte River Whooping Crane Critical Habitat Maintenance Trust and the
Nature Conservancy property located between the South Channel of the
Platte River and I-80 and Alda Road and U.S. Highway 281. In order to
mitigate wetlands that will be disturbed for the development of the new
hospital on property south of Husker Highway and west of U.S. Highway
281, Prataria Ventures is constructing 1.89 acres of wetlands on Crane Trust
property within the existing conservation easement to specifications
approved by the Army Corps of Engineers, the Nature Conservancy and the
Crane Trust. The Army Corps of Engineers is requiring an additional
Conservation Easement on this property to cover the 1.89 acres. This
additional easement needs to be approved following the procedures for a
conservation easement. As the County has already approved a
conservation easement on this property that limits development and since
this activity is consistent with the purposes of the first easement it is
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Staff Summary August 2018 Page 2
recommended that the Planning Commission recommend approval of this
easement. See full recommendation (C-25-2018HC)
Consent Agenda
7.Final Plat – Felske Subdivision Hall County- A tract of land consisting of
all of lot 1 Felske Subdivision and part of the Southeast Quarter (SE1/4) of
Section Twenty-six(26), Township Twelve (12) north, Range Eleven (11)
west of the 6th P.M., Hall County, Nebraska. Between Nebraska Highway 2
and Abbott Road west of 90th Road. This is increasing the size of an existing
farmstead subdivision.
8.Preliminary and Final Plat – Industrial Foundation Subdivison Grand
Island - Located south of Schimmer Drive west of Blaine Street Grand
Island, Nebraska. Preliminary plat 11 lots one outlot 57.32 acres. Final plat 6
lots and 1 outlot 21.52 acres. This property is zoned M2-Heavy
Manufacturing. City sewer and water will be extended to serve all lots. City
streets will be built according the approved street standards for industrial
lots.
9.Final Plat – Jensen Subdivison Grand Island- Located north of Capital
Avenue and west of Webb Road in Grand Island, Nebraska. (1 lots, 1 acre).
This property is zoned R-1 Suburban Density Residential. This combines a
platted lot with a metes and bounds tract. The owner wishes to consolidate
the two parcels into a single lot.
10.Final Plat – Prairie Commons 2nd Subdivision – Located south of Husker
Highway and west of U.S. Highway 281 (8 lots, 1 outlot 95.32 acres)
Property is zoned CD Commercial Development Zone, B-2 General
Business and RO Residential Office. This is a replat of the Prairie Commons
Sudivision that corrects property lines and easements and dedicates
additional right of way as needed for public streets.
11.Final Plat - Sterling Estates 10th Subdivision – Located north of Sterling
Estates Park between Sunrise Avenue and Ebony Lane (28 Lots, 4.919
acres). This property is zoned R-4 High Density Residential.
12.Final Plat – Woodland Park 17th Subdivision – Located on the south side
of Iowa Avenue, between Idaho and Independence Avenues (3 lots 0.666
acres). This property is zoned R-2 Low Density Residential. This divides 2
existing lots into 3 lots. The developer will be responsible for the cost of
relocating existing electrical utilities and installing sewer and water
connection for the third lot.
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item E1
Minutes of the July 11, 2018
Staff Contact:
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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
July 11th, 2018
The meeting of the Regional Planning Commission was held Wednesday, June 6th, 2018, at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the "Grand Island
Independent" on May 25th, 2018.
Present: Pat O’Neill,Leonard Rainforth Tony Randone
Derek Apfel Carla Maurer
Greg Robb Jaye Monter
Absent: Judd Allan, Leslie Ruge, Dean Kjar, Hector Rubio, Robin Hendricksen
Other:
Staff: Chad Nabity, Rashad Moxey (excused), Norma Hernandez
Press: Julie Blum, 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.
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.
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2. Minutes of the June 6th, 2018 meeting.
A motion was made by Randone and seconded by Robb to approve the minutes
of the June 6th, 2018 meeting.
The motion carried with seven members in favor (O’Neill, Apfel, Maurer, Robb,
Monter, Rainforth, and Randone) .
3.Request Time to Speak.
Commissioner O’Neil stated Robb would abstain from item #5. There will not
have quorum to vote on item #5. Nabity said the item will be moved to the
August 1st meeting. The following requested time to speak during discussion:
Ron Depue, 308 N. Locust, Item 4.
4. Public Hearing- Redevelopment Plan Grand Island Area 21 – Concerning a site
specific redevelopment plan amendment for Lots 1 and 2 of Bosselman Brothers
Second Subdivision located north of U.S. Highway 30 and east of Stuhr Road in the
City of Grand Island. This plan would approve tax increment financing for the
development of a cattle pot and truck wash at this location, (C-22-2018GI).
O’Neill opened the public hearing.
Nabity stated the property is located north of the Pump & Pantry on Highway 30 east of
Stuhr Rd. The proposal is to demolish the buildings to the north of it to build a truck
wash/cattle pot/ stock trailer washout. The area is served by city sewer. The location is
zoned M2 heavy manufacturing. The truck wash and cattle pot are a permitted
principal use in that zoning district. The plan for the property in the comprehensive
plan is that this would be industrial as it is in between the highway and the railroad
tracks. It is consistent with the conformance with plan. The Planning Commission is
really looking at this for the consistency with the conformance to the plan. Nabity also
noted changes made to the resolution based on changes made to state law.
Ron Depue, attorney representing the Dixons, Central Nebraska Truck Wash Inc. and
Bruce Shriner, their CPA. Ron followed up on Nabity’s comments. He stated the area is
dedicated to the trucking industry. Dixon’s current family trucking operation located to
the north. The location is perfect being near JBS, not highly visible and behind the
Bosselman location.
Ron explained how the truck and trailer wash would fill a need. Currently
approximately 5,000 head of cattle per day delivered to JBS. The trucks will drive into
JBS, unload, head west on Swift Road, and turn right or left on Stuhr Rd. Truckers
wanting to use the facility will turn right coming out of JBS, head north for ½ mile to
Hwy 30 and cross at the light to the truck wash. They will drive in directly through
Dixon’s driveway; pull through the trailer wash, the doors will close, the technician will
come out with a high powered hose. The trailers will then be cleaned out, the water and
liquid will go directly into the city sewer. Any materials or product will be caught in
16 inch separators and will be pressed out, further liquid will be drained out into city
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sewer. Remaining product is a soil builder will be trucked off to family farms in
Howard County. The added benefit is an additional $180,000 of revenue to the city.
The project is consistent with the current comprehensive plan which anticipates
industrial manufacture uses for this area consistent with the existing zoning, ordinances,
building codes, no amendments to codes or ordinances.
Commissioner O’Neil asked if a conditional use permit is required for this in the county
not in the city. Nabity clarified it is not required in the M2 zone in the city or in the
industrial zones in the county. There are zoning districts in the County that would
permit this use by conditional use permit.
O’Neill closed the public hearing.
A motion was made by Robb and seconded by Apfel to approve Resolution 2018-10
finding that this redevelopment plan and proposed project are consistent with the Grand
Island Comprehensive Development Plan..
The motion carried with five members in favor (Apfel,Maurer,Robb,Monter,and
Rainforth ) one member voting no (Randone) and one member abstaining (O’Neill)
5.Public Hearing- Zoning Change - Concerning an application to rezone lots 30 and 31
for Scudder’s Second Addition to the Village of Doniphan from R3-Multiple Family
Residential District to I-2 Heavy Industrial. This property is located south of Cedar
Street and east of York Street in the Village of Doniphan (C-23-2018D)
Moved to August 1, 2018 meeting. The Commission did not have quorum to consider
this matter as Commissioner Robb is the owner of the property. The Village of
Doniphan will not consider the matter until their August meeting in any case so there is
no delay to the applicant.
Consent Agenda:
6.Final Plat - B & M Estates Grand Island - Located north of 13th Street W., east of
Mansfield Road, west of North Road N. and south of Craig Drive in the jurisdiction of
Grand Island, Nebraska (2 lots, 9.8759 acres). This property is zoned R1 Suburban
Residential Zone.
7.Final Plat – Hayes Family 2nd Doniphan- Located north of Cedar Street E. and east of
First Street N. in the jurisdiction of Doniphan, Nebraska. (3 lots, 11.37 acres). This
property is zoned I2 Heavy Industrial Zone, R6 Multiple-Family Residential Zone and
TA Transitional Agriculture Zone.
8.Final Plat – Lowry Acres Cairo - Located north of White Cloud Road W, and east of
150th Road N. in the jurisdiction of Cairo, Nebraska (1 lot, 2.631acres). This property is
zoned AG Agriculture Zone
A motion was made by Rainforth and seconded by Maurer to recommend approval of
all Consent Agenda Items.
The motion carried with seven members in favor (Apfel, O’Neill, Maurer, Robb,
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Monter, Rainforth, and Randone) with no members voting no or abstaining.
9.Budget – Proposed budget for 2018-19 fiscal year beginning October 1, 2018. (C-24-
2018)
Chad noted the budget for the next year has been submitted to the County. The City
side is not fully done. Budgeting $260,000.00 for the upcoming year. This is less than
what was requested last year. The change is due to employee health insurance. No
changes to fees this year.
A motion was made by Monter and seconded by Maurer to recommend the approval of
the Proposed budget for 2018-19 fiscal year beginning October 1, 2018. (C-24-2018)
The motion was carried with seven members in favor (Apfel, O’Neill, Maurer, Robb,
Monter, Rainforth, and Randone) with no members voting no or abstaining.
10.Directors Report
Nabity talked about the issue with accessory dwelling units in buildings in the M2 zone
district. Warehouses or small shops that people have gone in and have built an apartment
up above. Nabity asked if it should be considered to allow an accessory dwelling unit in an
M2 zone district. The advantages would be making it easier to permit them. They would
meet fire codes and have sprinklers and meet life safety codes. O’Neill asked how many
are there and Nabity said there are about four that are known. Nabity noted this is an issue
that should be addressed and decided on in the future.
11.Next Meeting August 1, 2018
12.Adjourn.
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item F1
Public Hearing Change of Zoning Doniphan R3 to I2 Lots 30 and
31 of Scudder's Second Addition
Staff Contact:
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Agenda Item #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
June 25, 2018
SUBJECT:Zoning Change (C-23-2018D)
PROPOSAL:This application includes approximately 2 lots at the south of Cedar Street
east of York Street.. The property is located within the Village of Doniphan.
The applicant is requesting that the zoning on this property be changed from R3 Multiple
Family Residential to I2 – Heavy Industrial. The stated purpose of this rezoning is to
allow the applicant to build a commercial storage building.
OVERVIEW:
Site Analysis
Current zoning designation:R3-Multiple Family Residential,
Permitted and conditional uses:R3 - Agricultural uses, a variety of residential uses
at a density of up to 1 unit per 3000 square feet of
property.
Comprehensive Plan Designation:Designated for residential purposes but the
adjacent property immediately to the north and east
are both designated for Industrial
Existing land uses.Vacant property
Adjacent Properties Analysis
Current zoning designations:North: TA-Transitional Agriculture and I-2 Heavy
Industrial
East: TA-Transitional Agriculture.
South and West: R3-Multiple Family Residential
Permitted and conditional uses:TA- Agricultural uses, recreational uses and
residential uses at a density of 1 unit per 20 acres.
Comprehensive Plan Designation:North and East Industrial
South and West: Residential
Existing land uses:North: Agricultural and Industrial Truck Parking
East: Agricultural
South and West: Residential
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EVALUATION:
Positive Implications:
Will provide for additional industrial space near Doniphan: Doniphan has been
struggling to find property that could be developed for industrial uses over the past
several years.
Property is immediately adjacent to property already being used for Industrial
purposes and next to property that is planned for Industrial uses.
Increases Development within the Village Limits without Increasing any Strain on the
Doniphan Sewer System. At the present time Doniphan is severely limited in the
amount of increase they can allow within their sewer treatment plant. This is a
constraining factor for community growth. The proposed use for this property would
not negatively impact the sewer treatment facilities.
Monetary benefit to the applicant: The applicant will be able to develop the property
as proposed if the rezoning is permitted.
Negative Implications:
Could negatively impact existing residential properties. This does encroach with
Industrial uses adjacent to the residential. This type of transition was anticipated to
the east of this property however. The house to the immediate west faces onto York
Street so will back on to this property. Cedar Street is platted but has not been built
along the north side of the subject property.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Village of Doniphan
rezone this site from R3 Multiple Family Residential to I2 – Heavy Industrial.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item F2
Public Hearing Zoning Change Orchard Subdivision
Staff Contact:
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Agenda Item #6,
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
July 25, 2018
SUBJECT:Change of Zoning for property, proposed for platting as The Orchard
Subdivision, located in the E ½ NW ¼ of 10-11-9 located South of Capital Avenue,
and East of Saint Paul Road north of the intersection of 12th and Lambert Streets,
from LLR Large Lot Residential and R2 Low Density Residential to R3-SL Medium
Density- Small Lot Residential (C-25-2018GI)
PROPOSAL:This proposed development would create 160 lots for single-family
attached dwellings (duplexes or townhomes) in Northeast Grand Island. The developer
is proposing a residential development with lots designed for the construction of more
affordable housing. The project would be developed in multiple phases.
This property was rezoned to RD Residential Development Zone in 2003 with 115 lots
and duplexes proposed on each lot. The current proposal would take advantage of the
R3-SL zoning district to allow smaller lot sizes (minimum 3000 square feet and 24’ wide
for townhouse lots). The subdivision was approved by Council provided that the
developer build 37’ wide streets. No action was ever taken on the subdivision and RD
zoning district was removed and changed to an R2 Low Density Residential.
The internal streets will be 32’ wide back of curb to back of curb and are proposed as
public streets. All of the lots will be served by public sewer and water. Due to the
development of the sewer trunk line to the along the north side a portion of the drainage
way has been filled in and the streets can connect through the Lassonde Subdiivison to
Capital Avenue.
OVERVIEW:
Site Analysis
Current zoning designation:R-2-Low Density Residential and LLR Large Lot
Residential.
Permitted and conditional uses:R-2: To provide for residential neighborhoods at a
maximum density of seven dwelling units per acre
with supporting community facilities. LLR-
Agricultural uses, recreational uses and residential
uses at a density of 2 dwelling units per acre.
Minimum lot size 20,000 square feet.
Comprehensive Plan Designation:Designated for future low to medium residential
development.
Existing land uses.Vacant
Adjacent Properties Analysis
Current zoning designations:North: R3-SL-Medium Density Small Lot
Residential,
South, R2 Low Density Residential and R4 High
Density Residential
East, R2- Low Density Residential
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and West:. LLR-Large Lot Residential and R2 Low
Density Residential
Permitted and conditional uses:LLR- Agricultural uses, recreational uses and
residential uses at a density of 2 dwelling units per
acre. Minimum lot size 20,000 square feet. R2
residential uses at a density of 7 units per acre.
Minimum lot size 6,000 square feet. R-3SL:
Residential uses with a density of 1 unit per 3,000
square feet of property. Minimum lot size of 3,000
square feet. R4 residential uses at a density of 43
units per acre. Minimum Lot size 6,000 square feet.
Comprehensive Plan Designation:North, South, East and West: Designated for
future low to medium density residential
development and or medium density residential to
to office uses.
Existing land uses:North,: Drainage ROW and vacant property
recently resubdivided and rezoned for residential
development.
East, Agricultural land, Railroad ROW
West: Some acreage development along St. Paul
Road. Typical urban scale residential along the
south and west.
South: Typical urban scale residential
EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated for long term low to medium density residential redevelopment. This
development would allow 160 dwellings on a 23.813 acre parcel. This is an average
of 6.71 units an acre or slightly less than the 7 units per acre permitted in the current
R2 zoning district the R3-SL does allow for smaller lot sizes though. The proposed
development would be considered between low and suburban density development.
Provides additional housing opportunities in Northeast Grand Island. This would be
the largest residential subdivision in this area in more than 50 years. Most of the
new development and housing in this part of the community has been done by
Habitat for Humanity.
Provides for new construction housing in a lower price range than is available across
most of Grand Island. This development will provide for new construction housing in
a price range that is very hard to meet with the current costs of development. The
smaller lot sizes, attached single-family construction, and standardized floor plans all
make this project a more efficient (less costly) development.
Is infill development. This development is using property that is within the existing
functional and legal boundaries of the City of Grand Island.
Accessible to Existing Municipal Infrastructure: City water and sewer services are
available to service the rezoning area.
Monetary Benefit to Applicant: Would allow the applicant to develop and sell this
property.
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Narrower Streets lower development and maintenance costs: Narrower streets do
not cost as much as wider streets. These lower costs can be passed on to the
homeowner. With this development, the narrower streets also increase the amount
of greenspace available in this subdivision.
Negative Implications:
Additional development in this part of town will likely increase the school age
population: Grand Island public schools will have to deal with additional students at
Lincoln elementary school. This development will be phased so not all of the units
will come online at the same time.
Other Considerations
This particular property has been the subject of three RD zones since 1995. The first
RD was approved for apartments on the entire tract with 120 units on the smaller
southern tract (south of 14th Street) additional units were expected in the northern
portion. Nothing happened within the 18 month time frame after approval of the RD
zone. The applicant requested that the time frame be extended for the southern portion
of the project and this was approved. In January of 2000, that extension was reversed
due to the passage of another 18 months without any development. In 2003 an RD
zone was approved for 115 duplex units contingent on the developer building 37’ public
streets to serve the subdivision. After 18 months without any development the RD
zoning was reversed. No action has been taken on the property between 2003 and
2018.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council approve the preliminary plat for The Orchard Subdivision and approve the
change of zoning from R2-Low Density Residential to R3-SL – Medium Density
Small Lot Residential.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item F3
Request for Conservation Easement
Staff Contact:
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Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
July 25, 2018
SUBJECT:Conservation Easement C-25-2018HC
PROPOSAL: Prataria Ventures LLC and The Platte River Whooping Crane
Maintenance Trust, Inc, along with the Army Corps of Engineers and The Nature
Conservancy have submitted a request to Hall County for the approval of a conservation
easement on property owned by The Crane Trust in sections 33 and 34 township 10N,
Range 10W of the 6th P.M. This property is located between the south and middle
channels of Platte River west of the end of Elm Island Road.
The Hall County Board of Supervisors forwarded this matter to the planning commission
per statutory requirements at their meeting on July 24, 2018.
OVERVIEW:
On August 9, 1983 the Hall County Board passed a resolution approving a
conservation easement between the The Platte River Whooping Crane Critical
Habitat Maintenance Trust and the Nature Conservancy property located between
the South Channel of the Platte River and I-80 and Alda Road and U.S. Highway
281. In order to mitigate wetlands that will be disturbed for the development of the
new hospital on property south of Husker Highway and west of U.S. Highway 281,
An additional conservation easement is being proposed for 1.89 acres of property
already covered by a conservation easement that was approved in 1983. Prataria
Ventures LLC is constructing 1.89 acres of wetlands on Crane Trust property within
the existing conservation easement to specifications approved by the Army Corps of
Engineers, the Nature Conservancy and the Crane Trust. The Army Corps of
Engineers is requiring an additional Conservation Easement on this property to cover
the 1.89 acres. This additional easement needs to be approved following the
procedures for a conservation easement. As the County has already approved a
conservation easement on this property that limits development and since this
activity is consistent with the purposes of the first easement it is recommended that
the Planning Commission recommend approval of this easement. Based on a strict
reading of the statutes pertaining to conservation easements it appears that action
by the Planning Commission and County Board is required prior to filing an additional
easement.
A recommendation on this easement to determine conformity with the Comprehensive
Plan is required by State Statutes. This recommendation is fully supported by the
existing conservation easement on the property.
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Site Analysis
Current zoning designation: AG-R-River Corridor Agricultural District
Permitted and conditional uses: Agriculture and Recreation Related uses with
specific limitations the River Overlay and Flood
Plain
Comprehensive Plan Designation: River Protection Corridor
Existing land uses: Pasture and other conservation related uses
Site constraints: 100 year or 500 year flood plain the entire site
Adjacent Properties Analysis
Current zoning designations: North, South, East and West: AG-R-River
Corridor Agricultural District
Comprehensive Plan Designation: North, South, East and West: River Protection
Corridor
Existing land uses: River
Farm Ground/Pasture Ground/Farm House
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General Location of the the Propose Easement in Relation to the Existing Conservation Easements.
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Detailed area for additional conservation easement.
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EVALUATION:
The easement is proposed on a property that is already covered by a conservation
easement, and used for agricultural purposes and planned to be used for agricultural
purposes for the foreseeable future. There are some significant development
constraints on the property because the property is located within an existing
approved conservation easement and located in the flood plain.
Hall County Comprehensive Plan General Land Use Policies
Goal 1
Hall County should manage the land in a cost-effective and efficient manner while protecting the
environment and natural resources, as well as maintaining and increasing land values. Guiding future
growth and development in Hall County towards a compact pattern of land uses based upon the
efficient and economical expansion of public infrastructure will continue to maintain and improve the
quality of life for Hall County residents.
1.1.7 Discourage and minimize leapfrog development outside of cities and villages.
1.1.8 Hall County should allow agricultural production in all areas in which agricultural uses are
appropriate, and non-agricultural development in agricultural areas should be allowed in
specifically designated areas which does not negatively impact the agricultural uses.
1.2.5 Encourage low to zero non-farm densities in prime farmland areas and other agricultural districts
by providing residential lot size requirements and proper separation distances between residential
and agricultural uses.
It would appear that based on the current zoning, the future land use plan for the
county, the desire of the county as expressed in the comprehensive plan general
land use policies 1.1.7, 1.1.8, 1.2.5 that it would be in conformance with the Hall
County Comprehensive Plan to permit this conservation easement.
Nebraska State Statutes allow local governing bodies to review conservation
easements between private parties and challenge the easement if the acquisition is
not in the public interest. Statute recognizes three reasons that an easement would
not be in the public interest if one of the following three items are true.
• (a) the easement is inconsistent with a comprehensive plan for the area which had been
officially adopted and was in force at the time of the conveyance,
• (b) the easement is inconsistent with any national, state, regional, or local program
furthering conservation or preservation, or
• (c) the easement is inconsistent with any known proposal by a governmental body for use
of the land. NRSS 76-2,112(3)
This easement appears to be in compliance with the Hall County Comprehensive
Plan as adopted, is consistent with the existing conservation easement as shown by
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the letter of consent from The Nature Conservancy and does not appear to be
inconsistent with the public interest.
RECOMMENDATION:
Recommend that this easement should be approved by the Hall County Board,
finding the easement to be in compliance with the Hall County Comprehensive Plan
as adopted, consistent with the existing conservation easement as shown by the
letter of consent from The Nature Conservancy and not inconsistent with the public
interest.
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Deed Restriction
COVENANT OF DEDICATION
Platte River Whooping Crane Maintenance Trust, Inc. now stipulates to the following statements
of fact, and further agrees to restrict the use and title of the realty described in Attachment 1 to this
document (hereinafter referred to as the “Land”) in accordance with the terms and conditions set forth
herein.
STIPULATIONS OF FACT
1.That Prataria Ventures, LLC is the applicant for Department of the Army permit
number NWO-2005-11444-WEH to place fill material in the wetlands located in Grand Island,
Nebraska; and that the U.S. Army Corps of Engineers has regulatory jurisdiction over the discharge
of dredged or fill material into said wetlands pursuant to Section 404 of the Clean Water (33 USC
1344).
2.That Platte River Whooping Crane Maintenance Trust, Inc. is the owner in fee of the
real estate described in Attach 1.
3.That Prataria Ventures, LLC and the Omaha District of the U.S. Army Corps of
Engineers have reached an agreement whereby Prataria Ventures, LLC will be permitted to discharge
fill material in wetlands in accordance with the terms and conditions of Department of the Army
permit number NWO-2005-11444-WEH; and that in consideration for said discharge of fill material
in the wetland, Prataria Ventures, LLC will provide mitigation for the adverse environmental effects
resulting from the placement of fill material in the wetland by dedicating the realty described in
Attachment 1 for perpetual use as a conservancy area in accordance with the terms and conditions of
this document and the above-mentioned permit.
4.That the above-mentioned dedication shall consist of the execution of this document
by all parties necessary to restrict the use and title of the land; and that this document shall be
recorded in the Office of the Register of Deeds for Hall County, Nebraska.
5.That upon receipt of a certified copy of this document, as recorded in the Office of
the County Register of Deeds for Hall County, Nebraska, the District Engineer of the Omaha District
of the U.S. Army Corps of Engineers will issue a validated permit, number NWO-2005-11444-WEH
to Prataria Ventures, LLC; and that said permit shall be issued in consideration for the execution of
this Covenant.
6.That the terms and conditions of this Covenant of Dedication shall, as of the date of
execution of this document, bind Platte River Whooping Crane Maintenance Trust, Inc. to the extent of
his legal and/or equitable interest in the land; and that this Covenant shall run with the land and be
binding on Platte River Whooping Crane Maintenance Trust, Inc. and its successors and assigns
forever.
7.That the terms and conditions of this Covenant shall be both implicitly and explicitly
included in any transfer, conveyance, or encumbrance of the Land or any part thereof, and that any
instrument of transfer, conveyance, or encumbrance affecting all or any part of the Land shall set
forth the terms and conditions of this document either by reference to this document or set forth in
full text.
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DEED AND USE RESTRICTIONS
Platte River Whooping Crane Maintenance Trust, Inc. hereby warrants that he is the owner in
fee of the realty described in Attachment 1; and that the Land is hereby dedicated in perpetuity for
use as a conservancy area.
Platte River Whooping Crane Maintenance Trust, Inc. hereby agrees to restrict the use and title
of the Land as follows:
1.There shall be no construction or placement of structures or mobile homes, fences,
signs, billboards or other advertising material, or other structures, whether temporary or permanent,
on the land.
2.There shall be no filling, draining, excavating, dredging, mining, drilling or removal
of topsoil, loam, peat, sand, gravel, rock, minerals or other materials.
3.There shall be no building of roads or paths for vehicular or pedestrian travel or any
change in the topography of the land.
4.There shall be no removal, destruction, or cutting of trees or plants; spraying with
biocides, insecticides, or pesticides; grazing of animals, farming, tilling of soil, or any other
agricultural activity. Management activities are acceptable upon approval from the Corps.
5.There shall be no operation of all-terrain vehicles or any other type of motorized
vehicle on the land.
6.This Covenant of Dedication may be changed, modified or revoked only upon written
approval of the District Engineer of the Omaha District of the U.S. Army Corps of Engineers. To be
effective, such approval must be witnessed, authenticated, and recorded pursuant to the law of the
State of Nebraska.
This Covenant needs to be reviewed by the Corps of Engineers prior to signature to assure
compliance with permit conditions.
COE representative’s initial
7.This Covenant is made in perpetuity such that the present owner and its heirs and
assigns forever shall be bound by the terms and conditions set forth herein.
By:
Platte River Whooping Crane Maintenance Trust, Inc.
Executed before me this ____ day of _________, 20____, by ______________, ______________ of
the Platte River Whooping Crane Maintenance Trust, Inc. who is personally known to me.
Notary Public My commission expires
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Attachment A
(Legal Description)
4810-9176-7661, v. 1
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From an email conversation between The Crane Trust and The Nature Conservancy regarding
the wetlands to be created by Prataria on Crane Trust Property.
Dear Brice,
As we discussed, the Crane Trust intends to carry out a project to enhance at least two acres of
sandhill and whooping crane habitat by restoring a wet meadow and slough complex on the
northwest portion of Mormon Island (Terry 1 and 2), on which TNC holds a conservation
easement.
Based on the information you’ve provided to TNC, TNC understands that the restoration work
will consist of permanently removing (and not replacing) an old road, filling (and not replacing)
an old drainage ditch, re-contouring the sloughs and wet meadow to return them to a more
natural state, and reseeding the project area with local eco-type seed, all to restore and improve
habitat for sandhill cranes and whooping cranes. We also understand that the Crane Trust will
need to remove and replace a 1,650 ft. section of cattle fence that supports existing cattle grazing
on the property in order to carry out the habitat restoration project, but that the fence line will not
be expanded or moved as a result of this project.
Because the project is being done to improve whooping and sandhill crane habitat, and based on
the information provided by the Crane Trust to TNC regarding the project, TNC considers the
project as presented to be in compliance with the conservation easement.
Thanks
Rich
Rich Walters
Director of Stewardship
rwalters@tnc.org
(308) 390-2511
The Nature Conservancy
1007 Leavenworth Street
Omaha, NE 68102
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item J1
Final Plat - Felske Subdivision Hall County
Staff Contact:
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90TH RD NABBOTT RD W
NEBRASKA 2 HWY W
Felske Second Subdivision
0 580 1,160290 Feet ¬
PROPOSED AREALOCATION MAP
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item J2
Preliminary and Final Plat - Industrial Foundation Subdivision
Grand Island
Staff Contact:
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SCHIMMER DR WSCHEEL RDBLAINE ST SIndustrial FoundationSubdivision
0 650 1,300325 Feet ¬
PROPOSED AREALOCATION MAP
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item J3
Final Plat - Jensen Subdivision
Staff Contact:
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OLD 2 HWY W
WEBB RD NJensenSubdivision
0 200 400100 Feet ¬
PROPOSED AREALOCATION MAP
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item J4
Final Plat - Prairie Commons 2nd Subdivision
Staff Contact:
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US 34 HWY W
RAE RD
JAMES
RDLAKEVIEWCIRHUSKER HWY TECH DRPONDEROSADRLA N GENHEDERSTUS 281 HWY SPrairie Commons 2ndSubdivision
0 775 1,550387.5 Feet ¬
PROPOSED AREALOCATION MAP
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item J5
Final Plat - Sterling Estates 10th Subdivision
Staff Contact:
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EBONY LNNORSEMAN AVE
ROYAL AVECAPITAL AVE W
GROVE AVESUNRISE AVESterling Estates 10th Subdivision
0 320 640160 Feet ¬
PROPOSED AREALOCATION MAP
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Hall County Regional Planning
Commission
Wednesday, August 1, 2018
Regular Meeting
Item J6
Final Plat - Woodland Park 17th Subdivision
Staff Contact:
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IDAHO AVETEXAS AVE
IOWA AVE
MICHIGAN AVE
Woodland Park 17thSubdivision
0 160 32080 Feet ¬
PROPOSED AREALOCATION MAP
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