OTOE COUNTY PLANNING COMMISSION

REGULAR MEETING

THURSDAY, DECEMBER 17^TH, 2009

495 MIDLAND STREET

SYRACUSE CITY HALL

COUNCIL CHAMBERS, SYRACUSE NE

7:00 P.M.

AGENDA

CALL TO ORDER:

ROLL CALL:

MINUTES:

BILLS:

COMMUNICATIONS:

PUBLIC HEARING:

OLD BUSINESS: Review wind energy regulations.

NEW BUSINESS:

Discussion to Amend Agriculture District Conditional Use Section 501.05, # 15, Transitional Agriculture District Conditional Use Section 502.05, FE# 6, Surface Water Protection Agriculture District Section 503.03, # 10 & Extensive Commercial District Section 508.03, #15, dealing with radio, television, microwave and other types of towers and their offsets to property lines.

DISCUSSION:

ADJOURN:

NEXT MEETING: January 21st, 2009 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

DECEMBER 17^TH, 2009

SYRACUSE, NEBRASKA

Otoe County Planning Commission met in regular session December 17^th, 2009 at the Council chambers in Syracuse. The meeting was called to order at 7:08 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, and Daniel Hodges. Board member William Umland arrived at 7:10 p.m. Other attendees of this meeting were Zoning Administrator David Schmitz, Mike and Anita Smith, Neil and Stephanie Stedman, and Arnold Wirthele.

Chairperson Hodges asked for a motion to approve the minutes of the November 19^th minutes. Bebout made the motion and it was seconded by Haupt to approve the November minutes. Voting aye was Hodges, Haupt, Bebout with Wirthele abstaining. Nay – none. Motion Carried.

Old business discussed at this time was Reviewing Wind Energy Regulations. David Schmitz Zoning Administrator handed out to all members and attendees a preliminary draft of Wind Turbine Regulations 2010. He and Orville Stahl had come up with these preliminary changes. Changes were made to the definitions in section 501.12-1 GENERAL DEFINITIONS RELATED TO WIND TURBINE GENERATORS AND TOWERS

After much discussion on Wind Energy Regulations there was several major items discussed. In section 501.12-1 GENERAL DEFINITIONS RELATED TO WIND TURBINE GENERATORS AND TOWERS, under Impact Easement, there was a discussion about the owners of the land where the Wind Turbine Generator Tower is located.

In section 501.12-2 SMALL WIND ENERGY SYSTEMS under Compliance with Building and Zoning Codes: Application for a self supported structure will show compliance and be accompanied by standard drawings of the turbine structure, the tower base and footing. They will also show compliance with official building codes of Otoe County and the state of Nebraska if required. A zoning and building permit will be applied for by the customer/owner and will not be issued until approval by the County Zoning Administrator.

In section 501.12-3 COMMERCIAL / UTILITY GRADE ENERGY SYSTEMS under Requirements. Added was any improvement needed on bridges and roads will be paid for buy the owner/developer of the WECS.

The following changes were made in section 501.12-3 COMMERCIAL / UTILITY GRADE ENERGY SYSTEMS

Wind Turbine Setbacks: There was a change in the distance to any existing inhabited dwelling shall be at least 1300 feet. A reduced setback shall be considered only with the written consent and signed document of the owner(s) of the inhabited existing structure or by a mutually signed impact easement.

Zoning and Building Permits: The zoning and building permits will be $1000.00 per wind turbine.

Public Inquiries and Complaints: If there are complaints about wind turbine generators towers, the procedure will be to contact the Zoning Administrator directly instead of the owner of the Wind Turbine Generator Tower site or system, and the Zoning Administrator will inform the owner and file the complaint and will keep a detail record of all complaints.

Irrevocable line of credit or escrow account: The applicant will need either an irrevocable line of credit or escrow bearing account equal to 10% of the original cost of the structure for removal.

There were several comments from the attendees, the board members and zoning administrator Schmitz took them all into consideration and thanked them for their feed back.

New business discussed was to amend the following Zoning Districts under these sections:

Existing Regulations to be amended:

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, 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 any (right-of-way or property lines) a distance equal to or exceeding the height of the tower. (Any guy wires shall be at least 50 feet from any rights-of-way or property line.) This will be brought forth at the next public hearing on January 21, 2010.

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. Loreen made the motion and was seconded by Bebout to adjourn the meeting. With all members voting aye. Meeting adjourned at 9:25 p.m.

Next regularly scheduled meeting will be January 21^st, 2010 at 7:00 p.m.

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