05/21/2024 Resolutions 2024-128 RESOLUTION 2024-128
WHEREAS know all men by these presents,that Hooker Brothers Sand and Gravel is
requesting an extension of their conditional use permit to continue using property at 3860 S.Locust
for uses accessory to their Sand and Gravel Pumping Operation at 3947 S.Locust,both of which are
within the jurisdiction of the City of Grand Island. They have requested approval of a conditional
use permit to continue to use existing facilities for sand and gravel processing, storage, stocking
piling, distribution, and sales, both wholesale and retail at this location.
WHEREAS, commercial mines, quarries, sand and gravel pits and accessory uses
are allowed by Conditional Use Permit in the TA Transitional Agriculture zoning district; and
WHEREAS, this is use is in direct support of and necessary for the sand and
gravel operation located at 3849 S. Locust; and
WHEREAS, this property is owned by Hooker Brothers and was an active sand
and gravel operation that is still in need of final grading, and
WHEREAS, the Grand Island City Council finds that:
This use will improve and protect the health, welfare and safety of the citizens of
Grand Island,
This use and similar uses throughout the City have historically not caused any
problems for property owners or other citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND,NEBRASKA, that this use is granted for a period of ten
years with an option to renew for an additional 10 years beginning June 9, 2024 upon passage of
this resolution subject to the following conditions.
CONDITIONS:
1). USE: The proposed uses are limited to those listed in the application, accessory uses to the
sand and gravel permit approved for 3947 S. Locust Street, sand and gravel processing, storage,
stocking piling, distribution, and sales, both wholesale and retail. Retail sale may also include the
sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or
processing of other aggregate materials, such as asphalt or concrete is not allowable unless
specifically listed, nor are the operation of concrete or asphalt batch plants. Equipment storage
and maintenance for the sand and gravel operation.
2). CLOSURE: Closure of the mining operation has begun with leveling of the stockpiles and
distribution of top soil around the lake.
3). PRIMARY CONDITIONS:
(a). The permit shall be granted for a period not to exceed 10 years with the possibility of
renewal for an additional time at the end of the 10 year period. The effective start date for the
permit shall be June 9, 2024.
(b). Pumping of product shall not be allowed. The finished width of developable property
adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A
setback of 100 feet from any adjacent property line shall be maintained from the lake edge.
(c). Activities (including lighting) at the site shall be limited to daylight hours (15) minutes
before sunrise and(15) minutes after sunset Mondays through Saturdays. No processing
activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes
before sunrise. Two exceptions to this condition shall be in the months of March, April, October,
and November activities may operate from 6:00a.m. to 10:00p.m.to allow for winter condition.
The second exception shall be that trucking of the product shall be allowed on Sundays from
7:00 a.m. to 12:00 noon to allow for contracted sales.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
"hospital grade muffler" designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Emergency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations.No
product, material or equipment shall be stored within any easement or in such a manner that it
would violate any safety provisions of the National Electric Safety Code.
(f).All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g).No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over and
across any public highway or road unless said sand and gravel is complete dry and free from
water or is hauled in trucks which are designed and equipped so as to prevent water from leaking
onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of any pumping operations shall be
retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only
surface waters that have historically flowed from the premises shall be permitted to leave the
same through historical natural drainage ways.
(1). Applicant shall continue accessory operations. If at any time during the life of the permit
issued the operations shall cease for a period of a continuous 18 months the permit shall become
null and void and subject to reapplication and rehearing. Additionally, if at any time during the
life of the permit issued the operation shall cease for a period of a continuous 18 months the
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I permit shall become void and a renewal shall be obtained before becoming once again
operational.
Adopted by the City Council of the City of Grand Island, N braska, May 21, 2024.
, -'64)
R r G. Sterele, Mayor
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Attest:
APro Tj
Jill Gran r City Clerk
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