November 5, 2009
Agenda Item 2 Wind Energy Text Amendments
Request: To amend Sections 5.03, 5.04, 5.05 and the zoning matrix
As the Commission will recall, new Wind Energy Regulations were recently adopted by the County.
These amendments are clean-up (house cleaning) items in the Zoning Regulations that conflict with those newly adopted regulations. They are as follows:
* Section 5.03: A-1 Agricultural Primary District
5.03.03 Conditional Uses
The following uses are subject to any conditions listed in this Regulation and any other conditions as recommended by the Commission and approved by the Board.
6. Wind Energy devices.
(staff comment: we can delete this as the new wind turbine regs allow the wind turbines as a permitted use in any zoning district if the lot is 2 acres or larger; if less than 2 acres then a conditional use permit required)
* Section 5.04: TA-1 Transitional Agricultural District
5.04.03 Conditional Uses
The following uses are subject to any conditions listed in this Regulation and any other conditions as recommended by the Commission and approved by the Board.
7. Wind Energy devices.
(staff comment: we can delete this as the new wind turbine regs allow the wind turbines as a permitted use in any zoning district if the lot is 2 acres or larger; if less than 2 acres then a conditional use permit required)
* Section 5.05: H-A Homestead Agricultural
5.05.02 Permitted Principal Uses:
The following principal uses are permitted in the H-A District:
3. Wind generator.
(staff comment: we can delete this as the new wind turbine regs allow the wind turbines as a permitted use in any zoning district if the lot is 2 acres or larger; if less than 2 acres then a conditional use permit required)
* Zoning Matrix: (current)
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LAND USE CATEGORY |
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ZONING |
DISTRICT |
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A-1 |
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TA-1 |
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A-2 |
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RS-1, H-A |
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RS-2 |
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RA |
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C-1 |
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C-2 |
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I-1 |
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I-2 |
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wind energy installation P P P P P P P P P P
Zoning Matrix: (proposed)
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LAND USE CATEGORY |
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ZONING |
DISTRICT |
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A-1 |
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TA-1 |
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A-2 |
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RS-1, H-A |
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RS-2 |
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RA |
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C-1 |
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C-2 |
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I-1 |
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I-2 |
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wind energy system, small P, C P, C P, C P, C P, C P, C P, C P, C P, C P, C
(refer to the Wind Energy Regulations)
(Staff comments: The C for conditional is added as small wind energy systems can either be a conditional or permitted use based on whether the property is 2 acres in size. Also, add the verbiage "refer to the Wind Energy Regulations." This would alert readers to that Section of the Regulations where the 2 acres is explained).
November 5, 2009
Agenda Item 1 Combine Preliminary Plat
REQUEST: Preliminary Plat of Tuscany Ridge Subdivision (Dutch Hall Meadows)
PETITIONER: John Combine
LEGAL DESCRIPTION: Tax Lot 53 and the N1/2 SW1/4, Section 35-Township 17 North-Range 12 East of the
Sixth P.M.
SURVEYOR: E & A Consulting Group
PRESENT ZONING: A-1, Agriculture Farming
LANDMARK LOCATION: west side of County Road P43 approximately Ό mile north of the Dutch Hall Road \
County Road P43 intersection (aka 1385 County Road P43)
SIZE: approximate 54 acres
EXISTING LAND USE: existing house & outbuildings, pasture land
SUBDIVISION REFERENCE: Article 4, Preliminary Plat
SURROUNDING ZONING: North: A-1, Agriculture Primary
Northwest: R-2, Kameo Estates Subdivision
South: A-1, Agriculture Primary
East: " " "
West:
SPECIAL INFORMATION
PHYSICAL CHARACTERISTICS: flat to moderately rolling to steep
UTILITIES: Papio NRD water and private septic tanks & drain fields
ANALYSIS
COMMENTS: The specifics of the proposed Tuscany Ridge (Dutch Hall Meadows) Subdivision:
* 10 residential lots, all greater than 5 acres in size
* served by individual septic tanks & drain fields
* served by the Papio NRD Rural Water System
* the 66-foot wide internal easement road (Outlot A - not yet named) can be gravel surfaced - shall be engineered &
built to County specs, but privately maintained
Other information:
* enclosed is email (dated 10-29-2009) from Dick Sklenar, NRD regarding public water
* enclosed is letter (dated 10-26-2009) from Jerry Beach, Fort Calhoun Superintendent of Schools requesting a hard
surfaced bus loop (built per County specifications)
* enclosed is email (dated 10-29-2009) from Gerry Bowen, NRD
* enclosed is letter (dated 10-21-2009) from Dick Hansen, County Surveyor
* enclosed is letter (dated 10-29-2009) from Cheryl Parsons, County Highway Superintendent
* enclosed is letter (dated 10-28-2009) from County Engineer Julie Ogden
* as County Road P43 is hard surfaced, the County Highway Superintendent requires a 40-foot dedication along
County Road P43
* as County Road P43is hard surfaced, the entrances into the subdivision will also be hard surfaced a short distance
(per Highway Superintendent)
* all lots will access the as yet unnamed road (Outlot A) not County Road P43
* staff received a phone call from Township #1 Chairman Gene Ohrt; he stated that he and 2 other officers of the
Township reviewed the plat and has no objections (staff note: County Road P43 is not a township road)
* enclosed is information regarding NDEQ (Nebraska Department of Environmental Quality) and a solid waste issue
(note: this property is on the west side of County Road P43, not the east side of P43 as referenced in the
letters)
* as of press time, a letter has not been received from the Fort Calhoun Volunteer Fire Department
* as of press time, a draft of protective covenants has not been received
As required, 9 certified mail, return receipt letters were sent to property owners within 200.
If all lots remain over 5 acres in size, the property will be rezoned RS-2 in an upcoming meeting.
Information to be provided later includes the subdivision-wide percolation tests (at the rate of one test hole per 4 building sites) and the drainage study.
RECOMMENDATION: none at this time as there are some unresolved issues
