OTOE COUNTY PLANNING COMMISSION

REGULAR MEETING

THURSDAY,  MARCH 18TH, 2010

COUNCIL CHAMBERS, SYRACUSE NE

7:00 P.M.

 

AGENDA

CALL TO ORDER:

 

ROLL CALL:

 

MINUTES:

 

BILLS:

 

COMMUNICATIONS:

 

PUBLIC HEARING:

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. 

 

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.

 

OLD BUSINESS:  Discussion on building permit fees for commercial and small wind turbines.  Also discuss possible alternate regulations on small wind turbines.

 

NEW BUSINESS:

 

DISCUSSION:  Discussion on Amending Agriculture District 501.02, Outright Principal Uses and Structures, Transitional District 502.02, Outright Principal Uses and Structures,  & Surface Water Protection District 503.02,  Outright Principal Uses and Structures, to Correspond to Article 8, Administration and Enforcement, Section 804, # 1, Non-residential farm buildings shall require a Certificate of Zoning Compliance as amended in 2007.

 

Prime Swine / Action Pig Permit.

 

ADJOURN:

 

NEXT MEETING:  April 15th, 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

MARCH 18, 2010

CITY HALL, SYRACUSE, NEBRASKA

 

Otoe County Planning Commission met in regular session March 18, 2010 at the Council Chambers in Syracuse. The hearings were published in the Nebraska City News Press. The meeting was called to order @ 7:10 P.M. by Chairperson Dan Hodges. 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 Howard Bebout, William Umland, Richard Warner, Loreen Haupt and Chairman Daniel Hodges. Commission members Cheri Wirthele and William Behling were absent as well as Zoning Assistant Shilah Martin. Other attendees of the meeting were Zoning Administrator David Schmitz and Dean Neels.

Chairperson Hodges asked for a motion to approve the minutes of the February 18, 2010 meeting. Loreen Haupt commented on a spelling mistake in the minutes which will be corrected. Bebout made the motion to approve the minutes with the spelling correction with a second by Warner with Bebout, Warner, Umland, Haupt and Hodges voting aye. Motion carried.

Public hearing to amend Agriculture District Conditional Use Section 501.054, # 15, Transitional Agriculture District Conditional Use Section 502.05, # 6, Surface Water Protection District Section 503.03, # 10, and Extensive Commercial District Conditional Use Section 508.03, # 15. The board discussed the existing regulation which reads as follows: Radio, television, microwave and other types of erected towers in excess of 40 feet in height, subject to and 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 or from an existing dwelling unit by a distance equal to or exceeding the height of the tower.

The revised regulation: Radio, television, microwave and other types of erected towers in excess of 40 feet in height, subject to and 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.  A motion was made by Warner, seconded by Umland to send the revised regulation to the County Commissioners for their approval and Resolution adoption. Voting aye were Warner, Umland, Bebout, Haupt and Hodges. Motion carried

Old business discussed were the building permit fees for commercial grade wind turbines and small wind turbines under 100 KV.  Zoning Administrator Schmitz recommended per Knox Counties fee structure that the commercial grade turbines be assessed a fee based upon a $5.00 per $10,000 in construction cost which would make the following fees: $1,000,000 turbine fee would be $ 500.00, $2,000,000 turbine would be $1000.00, $3,000,000 turbine would be $1500.00 and a $4,000,000 turbine would be $ 2000.00. After much discussion, it was decided by the Board that we would keep the proposed $1000.00 fee per turbine as is in our proposed regulations and send onto the Commissioners. The small wind fees would be $ 250.00 as per our proposed regulations.

Zoning Administrator Schmitz also brought forward new Legislative Bill # 1058 which the State of Nebraska is addressing wind turbines permits and decommission. Schmitz stated that he still does not like our decommission language and maybe we should consider letting the state take care of this problem. Bebout stated that the power district would probably take over the wind turbine farm after five years and our hands would probably be tied in assessing damages during decommission due to the public power system in Nebraska. Schmitz gave the website to the Board and requested them to review this bill and report back at the next meeting. County Attorney Partsch is reviewing this item also.

No New business.

Discussion: To amend Agriculture District 501.02, Outright Principal Uses and Structures, Transitional Agriculture District 502.02, Outright Principal Uses and Structures, & Surface Water District 503.02, Outright Principal Uses and Structures, to correspond to Article 8, Administration and Enforcement, Section 804, # 1, Non-residential farm buildings shall require a certificate of zoning compliance as amended in 2007. Schmitz brought to the Board as he had received a complaint that these regulations were not compatible. The above mentioned regulations are in conflict as they state that no zoning permit or certificate of zoning compliance is required for farm buildings. The board wishes to change the regulation which at the present time reads: the following uses and structures shall be allowable uses outright and shall NOT require a zoning permit or certificate of zoning compliance. They wish to change the aforementioned regulations to read as follows: The following uses and structures shall be allowable uses outright and shall not require a zoning permit but shall require a certificate of zoning compliance. Schmitz will bring the amendment to these regulations at the next meeting.

Discussion also was held on the dual feedlot permit for Prime Swine & Action Pig. Schmitz stated that he believes there should be a separate permit for each entity. Dean Neels, President of Action Pig, Inc. explained the situation where Action Pig owns and operates a commercial feedlot on a 6.62+- acre tract situated in the same quarter of ground as Prime Swine. The manure is put into the lagoons owned by Prime Swine and then spread into an adjoining 80 acres within and the same quarter of ground where both facilities are located. The Board and Mr. Neels agreed that Schmitz should draft a new permit letter to Action Pig so they have their own permit. There being no further business, a motion to adjourn was made by Warner, seconded by Bebout with all members voting aye. Meeting adjourned @ 8:20 P.M.

Next scheduled meeting to be held on April 15, 2010 @ 7:00 p.m. 

Report by Zoning Administrator Schmitz