04/08/2025 Resolutions 2025-112 RESOLUTION 2025-112
RESOLUTION REGARDING APPROVAL OF A CONDITIONAL USE PERMIT LOCATED
IN THE SE '/4, SW1/433-11-9 AND NE1/4, SW1/433-11-9.
WHEREAS know all men by these presents,that Hooker Bros.Sand and Gravel,Inc.on behalf
of Mark Hanssen/Deep Water Developments, the owners of Parcels # 400208326 & 400208377
located in the SE 1/4, SW 1/4 33-11-9 and NE 1/4,SW 1/4 33-11-9,is requesting a conditional use permit
to operate a Sand and Gravel Operation in the City of Grand Island Zoning Jurisdiction.
WHEREAS, Sand and Gravel Operations are allowed by Conditional Use Permit in the TA:
Transitional Agricultural Zone; and
WHEREAS,the properties are located in the SE 1/4, SW 1/4 33-11-9 and NE 1/4,SW 1/4 33-11-9,
east of Blaine Street and North of Schimmer Road; and
WHEREAS,the requested use is allowed as a conditional use as set forth in City Code Chapter
36 Section 60 (B); and,
WHEREAS, the proposed conditional use is located in an undeveloped area of the City's
Jurisdiction; and,
WHEREAS, the proposed conditional use is consistent with the City's Comprehensive Plan
and Zoning Regulations,and is located in an area which minimizes disruption to the health,welfare,
and safety of the citizens of Grand Island; and,
WHEREAS, all notice requirements of Grand Island City Code Chapter 36 Section 90 have
been complied with; and,
WHEREAS, the following terms and conditions have been proposed by the City:
1. USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping 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.
2. CLOSURE:A drawing of the proposed development of the property after the closing of the
sand and gravel operation was provided with the original application. The finished width of
the developable property at the time the operation of mining is terminated shall be 300'
adjacent to any public right of way and 200' adjacent to neighboring property lines.
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.
b. Pumping of product shall not be allowed within 150 feet of any public road right of
way and protected by a 6 foot earthen berm during pumping. 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.
c. Pumping and other activities (including lighting) at the site shall be limited to
daylight hours, (15) minutes before sunrise and (15) minutes after sunset Mondays
through Fridays.No pumping or other processing activities shall be permitted on Sundays
or from fifteen minutes after sunset to fifteen minutes before sunrise. Applicant shall
cease pumping operations at noon on Saturdays and no pumping or hauling will be
allowed on Sundays. One exception to this condition shall be in the months of March,
April, October, and November where activities may operate from 6:00 a.m. to 10:00
p.m.to allow for winter conditions.
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 an easement or in
such a manor 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 from the premises and over
and across any public highway or road unless said sand and gravel is completely 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. Applicant will take reasonable efforts to avoid negatively impacting public health,
safety, and welfare during the duration of this conditional use permit such as those that
may impair wells on neighboring properties. Applicant understands that, in the event
operations create a future negative impact on public health, safety, and welfare, this
conditional use permit may be terminated by the Grand Island City Council prior to its
scheduled expiration
1. All water accumulated upon the premises by virtue of such mining and 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.
m. Applicant shall begin the mining operation within 18 months of this approval or the
permit shall be considered null and void. If, at any time during the life of the permit as
issued,the operation ceases for a continuous period of 18 months,the permit shall become
void and a renewal shall be obtained before becoming once again operational.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, grants the applicants request for a conditional use
permit authorizing Hooker Bros. Sand and Gravel, Inc. on behalf of Mark Hanssen/Deep Water
Developments to conduct a sand and gravel operation plant on properties located in the SE 1/4,SW 1/4
33-11-9 and NE 1/4, SW 1/4 33-11-9, east of Blaine Street and North of Schimmer Road (Parcels #
400208326&400208377), approximately 74.86 acres that this use is granted upon passage of this
resolution subject to subject to the terms and conditions set forth above.
Adopted by the City Council of the City of Grand Island,Nebraska, April 8, 2025.
eiP2-#-}x75(e .
RogyOG. Steele, Mayor
Attest:
6L2: t-c_
1 Granere, City Clerk
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