05/27/2025 Resolutions 2025-175 RESOLUTION 2025-175
RESOLUTION REGARDING APPROVAL OF A CONDITIONAL USE PERMIT LOCATED
IN THE SE 1/4, SE 1/4 2-11-9.
WHEREAS know all men by these presents, that Tommy L Ummel the owner of Parcel
#400205203 located in the SE 1/4, SE 1/4 2-11-9, working with Mid Nebraska Land Developers, is
requesting a conditional use permit to operate a Concrete Crushing Operation for a two year period
in the City of Grand Island Zoning Jurisdiction.
WHEREAS, this property is zoned M2 Heavy Manufacturing and planned for intensive
manufacturing and construction activities; and
WHEREAS, the property is located in the SE 1/4, SE 1/4 2-11-9 east of Shady Bend Road and
North of Capital Avenue, south of the Central Nebraska Airport; and
WHEREAS, manufacturing uses are the most appropriate uses near the airport to protect the
integrity and viability of the airport; and
WHEREAS, the temporary uses for a period of up to two years are allowed set forth in City
Code Chapter 36 Section 89; and
WHEREAS, the proposed conditional use is located in an undeveloped area of the City's
Jurisdiction; and
1 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, storage, stocking piling,
crushing, distribution, and sales, both wholesale and retail of crushed concrete and asphalt. Retail
sale may also include the sale of black dirt, and similar landscaping materials. The storage,
recycling,or processing of other aggregate materials, is not allowable unless specifically listed,nor
are the operation of concrete or asphalt batch plants.Neither of these operations have been requested
in this application.
2). CLOSURE: The applicant shall restore the property to a state similar to the current state of the
property or repurpose it for a use permitted in this district and follow all rules and regulations related
to that use.
3). PRIMARY CONDITIONS:
(a).The permit shall be granted for a period not to exceed 2 years with the possibility of renewal for
an additional time at the end of the 2 year period.
(b).Storage of product shall not be allowed within 20 feet of any public road right of way.
(c).Crushing 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 Saturdays. No crushing or
other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to
fifteen minutes before sunrise. (d). Any internal combustion crushing 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 manor that it would violate any safety
provisions of the National Electric Safety Code, nor shall the existing grade elevations be altered.
(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 material from the premises and over and across any
public highway or road unless said material 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.
111 (k).All water accumulated upon the premises by virtue of such 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 begin the operation within a period of 6 months from the issuance of this permit
or if the applicant fail to begin operations within the 6 months the permit shall be considered null
and void and subject to reapplication and rehearing.Additionally if at anytime during the life of the
permit issued the operation shall cease for a period of a continuous 6 months the permit shall become
void and a renewal shall be obtained before becoming once again operational.
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 Tommy L Ummel the owner of Parcel#400205203 located in the SE'/4,SE'/4 2-
11-9, working with Mid Nebraska Land Developers, to operate a cement crushing operation on
property located in the SE '/4, SE '/4 2-11-9 east of Shady Bend Road and North of Capital Avenue,
south of the Central Nebraska Regional Airport;,approximately 37.04 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, May 27, 2025.
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IAttest: Roger G. Steele, Mayor
Jill Granere, City Clerk
Item died for lack of a Motion.
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