OTOE COUNTY PLANNING COMMISSION

REGULAR MEETING

THURSDAY, FEBRUARY 18^TH, 2010

COUNCIL CHAMBERS, SYRACUSE NE

7:00 P.M.

AGENDA

CALL TO ORDER:

ROLL CALL:

MINUTES:

BILLS:

COMMUNICATIONS:

PUBLIC HEARING:

Public hearing to approve Wood-Ruhge Subdivision, a 15.01 acres tract, located in the N.E. ¼ of the S.E. ¼ of Section 6, T.9N, R.12E. This is requested by Brian A. Wood and Stephanie Ann Wood, husband and wife.

Site is located @ 1539 North 38^th Road.

Public hearing to approve Section 508.03, #15 Existing regulations: Radio, television, microwave, and other types of erected towers, in excess of 40 feet in height, subject to any applicable airport, airstrip, and helicopter restrictions set forth in this Resolution and provided that such towers shall be set back from the right-of-way line of any public roadway or from an existing dwelling unit by a distance equal to or exceeding the height of the tower.

Proposed Regulation: Radio, television, microwave, cellular and other types of erected towers not otherwise specifically regulated herein, in excess of forty (40) feet in height, subject to any applicable airport, airstrip, and helicopter restrictions set forth in this Resolution; and provided that such towers shall be set back from any right-of-way lines, property lines, and any existing dwelling units a distance equal to or exceeding the height of the tower.  Any guy wires shall be at least fifty (50) feet from any rights-of-way lines, property lines, and existing dwelling units. 

OLD BUSINESS:

NEW BUSINESS:

DISCUSSION:

ADJOURN:

NEXT MEETING: March 18^th, 2010 at 7:00 p.m.

*A COPY OF THIS IS KEPT CURRENT AND IS AVAILABLE FOR PUBLIC INSPECTION AT THE OTOE COUNTY CLERK’S OFFICE, NEBRASKA CITY, NE.

OTOE COUNTY PLANNING COMMISSION MINUTES

February 18, 2010

SYRACUSE, NEBRASKA

Otoe County Planning Commission met in regular session February 18^th, 2010 at the Council chambers in Syracuse. The meeting was called to order at 7:05 p.m. by Chairperson Daniel Hodges; Hearings were published in the Nebraska City Newspress. This meeting was open to the public, and the Open Meetings Act is posted on the wall of the Council chambers. Answering to roll call was Cheri Wirthele, Loreen Haupt, Howard Bebout, William Umland, William Behling Richard Warner and Daniel Hodges. Other attendees of this meeting were Zoning Administrator David Schmitz and Michael Cooper.

Chairperson Hodges asked for a motion to approve the minutes of the December 17^th, 2009. Umland made the motion and it was seconded by Haupt to approve the December 2009 minutes. Voting aye were Umland, Hodges, Wirthele, Haupt, Warner, Bebout with Behling abstaining. Motion – Carried.

Public hearing to approve Wood-Ruhge Subdivision, a 15.01 acres tract, located in the N.E. ¼ of the S.E. ¼ of Section 6, T.9N, R.12E. This is requested by Brian A. Wood and Stephanie Ann Wood, husband and wife. Site is located at 1539 North 38^th Road. Zoning Administrator David Schmitz was present to represent the Woods. The Woods want to sell 8.84 acres to Rod Ruhge who farms Lot B. After a short discussion of the board members, Haupt made the motion which was seconded by Bebout to except the Wood-Ruhge Subdivision. Voting aye were Hodges, Umland, Bebout, Wirthele, Haupt, Warner and Behling. Motion – Carried.

Public Hearing to Amend Agriculture District Conditional Use Section 501.05, # 15, Transitional Agriculture District Conditional Use Section 502.05, # 6, Surface Water Protection Agriculture District Section 503.03, # 10 & Extensive Commercial District Section 508.03, #15:

Existing regulations: Radio, television, microwave, and other types of erected towers, in excess of 40 feet in height, subject to any applicable airport, airstrip, and helicopter restrictions set forth in this Resolution and provided that such towers shall be set back from the right-of-way line of any public roadway or from an existing dwelling unit by a distance equal to or exceeding the height of the tower.

Proposed Regulation: Radio, television, microwave, cellular and other types of erected towers not otherwise specifically regulated herein, in excess of forty (40) feet in height, subject to any applicable airport, airstrip, and helicopter restrictions set forth in this Resolution; and provided that such towers shall be set back from any right-of-way lines, property lines, and any existing dwelling units a distance equal to or exceeding the height of the tower.  Any guy wires shall be at least fifty (50) feet from any rights-of-way lines, property lines, and existing dwelling units. This hearing brought up lots of discussion and the board made an adjustment on the wording of the regulation to state as follows:

Revised Regulation:

Radio, television, microwave, and other types of erected towers, in excess of 40 feet in height, subject to any applicable airport, airstrip, and heliport restrictions set forth in this Resolution and provided that such towers shall be set back from the right-of-way line of any public roadway, from an existing dwelling unit or property lines by a distance equal to or exceeding the height of the tower.

The motion was made by Bebout and it was seconded by Wirthele to send the revision back to County Attorney Partsch for his consideration.

Chairperson Hodges would like this regulation to come back as a public hearing at the March 18^th, 2010 meeting. Zoning Administrator Schmitz will take the revision to County Attorney Partsch and get his thoughts on this revision.

There was no Old Business to discuss on the agenda. However, Bebout asked Zoning Administrator Schmitz about wind energy regulation revisions. Zoning Administrator Schmitz said that he took all the necessary items to County Attorney Partsch and he is awaiting his response.

No New Business was discussed at this time.

A Discussion was brought by Zoning Administrator Schmitz about the Splitting of Lot 1, Fleischman 2^nd Subdivision into two lots located in the Open Agriculture District in the North ½ of Section 1, T.9N, R.9E for Christan Northup and Dale Messenger, sub dividers. Mr. Dale Messenger came to Zoning Administrator Schmitz to get a recommendation from the board on splitting Lot 1, before he purchases the ground. The farm was originally split before the revised regulations in 2003. The existing acreage is 6.96 acres and has all the necessary requirements to be a buildable lot. After careful consideration and looking at the zoning regulation book Chairperson Hodges read Open Agriculture District Section 501.03 9. E as it pertains to permitted uses to the board. After hearing this regulation the board members unanimously decided to give Mr. Messenger a recommendation to split Lot 1 into 2 lots.

There being no further business, and since all items on the agenda have been discussed. Chairperson Hodges asked for a motion from the board to adjourn the meeting. Behling made the motion and was seconded by Haupt to adjourn the meeting. With all members present voting aye. Meeting adjourned at 8:02 p.m.

Next regularly scheduled meeting will be March 18th, 2010 at 7:00 p.m.

Report by Zoning Assistant Shilah Martin, approved by Zoning Administrator David Schmitz.