July 13, 2024 at 8:00 AM - Planning Commission
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1. Notify the public of the "Open Meetings Act" posted on the west wall of the meeting room;
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2. Roll Call;
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3. Acceptance of the minutes of the June 8, 2024, meeting;
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4. Public hearing to consider annexing the Campbell property located at 175 West A Street, Part of the North half of the Northwest Quarter of Section 30, Township 15 North, Range 3 East of the Sixth P.M., Butler County, Nebraska, described as follows:
Referring to the Northeast corner of the Northwest Quarter of said Section 30; Thence N89º09’42”W (Butler County Low Distortion Projection) on the North line of said Northwest Quarter, a distance of 1070.00 feet to the west right of way line of the Burlington Northern and Santa Fe Railway; Thence S00º48’12”W on said West right of way line, a distance of 300.00 feet to the point of intersection with the Easterly extension of the South line of a tract of land previously described and recorded in instrument number 2021-01298; Thence N89º09’17”W on said Easterly extension, a distance of 49.87 feet to the Southeast Corner of said tract; Thence continuing N89º09’17”W on said South line, a distance of 249.94 feet to the Southwest corner of said tract; Thence N00º46’04”E on the West line of said tract, a distance of 300.00 feet to the North line of said North half of the Northwest Quarter; Thence N89º09’17”W on said North Line, a distance of 80 feet, more or less, to the Northwest Corner of a tract of land previously described and recorded in instrument number 2021-01325; Thence S00º46’04”W on the West line of said tract, a distance of 385 feet, more or less, to the Southwest corner of said tract; Thence S89º10’36”E on the South line of said tract, a distance of 330 feet, more or less, to the Southeast corner of said tract; Thence N00º47’24”E on the East line of said tract, a distance of 84.87 feet to the point of beginning, containing 1.19 acres, more or less. |
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5. Consideration of annexing the Campbell property located at 175 West A Street, Part of the North half of the Northwest Quarter of Section 30, Township 15 North, Range 3 East of the Sixth P.M., Butler County, Nebraska, described as follows:
Referring to the Northeast corner of the Northwest Quarter of said Section 30; Thence N89º09’42”W (Butler County Low Distortion Projection) on the North line of said Northwest Quarter, a distance of 1070.00 feet to the west right of way line of the Burlington Northern and Santa Fe Railway; Thence S00º48’12”W on said West right of way line, a distance of 300.00 feet to the point of intersection with the Easterly extension of the South line of a tract of land previously described and recorded in instrument number 2021-01298; Thence N89º09’17”W on said Easterly extension, a distance of 49.87 feet to the Southeast Corner of said tract; Thence continuing N89º09’17”W on said South line, a distance of 249.94 feet to the Southwest corner of said tract; Thence N00º46’04”E on the West line of said tract, a distance of 300.00 feet to the North line of said North half of the Northwest Quarter; Thence N89º09’17”W on said North Line, a distance of 80 feet, more or less, to the Northwest Corner of a tract of land previously described and recorded in instrument number 2021-01325; Thence S00º46’04”W on the West line of said tract, a distance of 385 feet, more or less, to the Southwest corner of said tract; Thence S89º10’36”E on the South line of said tract, a distance of 330 feet, more or less, to the Southeast corner of said tract; Thence N00º47’24”E on the East line of said tract, a distance of 84.87 feet to the point of beginning, containing 1.19 acres, more or less. |
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6. Public hearing to consider amending the Zoning Ordinance No. 1060 by amending Section 4.09.05 Yard Requirements by removing Any yard for a commercial or industrial use located within any Commercial or Industrial zoning district, which is adjacent to any residential use, or district shall be increased to 40 feet and shall contain landscaping and planting suitable to provide effective screening; except in Downtown Commercial District. Included in the increased yard, a solid or semi-solid fence or wall at least six feet, but not more than eight feet high provided adjacent to an adjoining residential district unless the adjacent residential district and industrial district are separated by a street right-of-way. The owner or owners of the property in the Commercial and/or Industrial District shall maintain said fence or wall in good condition. Said fencing shall be constructed of commercially available fencing.
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7. Consideration of amending the Zoning Ordinance No. 1060 by amending Section 4.09.05 Yard Requirements by removing any yard for a commercial or industrial use located within any Commercial or Industrial Zoning District, which is adjacent to any residential use, or district shall be increased to 40 feet and shall contain landscaping and planting suitable to provide effective screening; except in Downtown Commercial District. Included in the increased yard, a solid or semi-solid fence or wall at least six feet, but not more than eight feet high shall be provided adjacent to an adjoining residential district unless the adjacent residential district and industrial district are separated by a street right-of-way. The owner or owners of the property in the Commercial and/or Industrial District shall maintain said fence or wall in good condition. Said fencing shall be constructed of commercially available fencing.
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8. Public hearing to consider amending the Zoning Ordinance No. 1060 by amending Section 5.08.03 R-2 Two-Family Residential - Conditional Uses to include the following language as requested by Nick Sypal, a landowner and taxpayer in David City, Nebraska, proposes the following Amendment;
11. The processing and storage of wood and firewood and tree servicing such equipment commonly used for said purposes on a lot no less than one (1) acre in size on which the applicant lives or adjacent to a lot on which the applicant lives, and within three-hundred (300) feet of an "I" zoning district. Retail sale of such wood and firewood is allowed only subject to express approval as part of a conditional use permit. Any conditional use permit granted pursuant to this section shall be personal to the applicant and shall not run with the land. |
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9. Consideration of amending Zoning Ordinance No. 1060 by amending Section 5.08.03 R-2 Two-Family Residential - Conditional Users to include the following language as requested by Nick Sypal, a landowner and taxpayer in David City, Nebraska, proposes the following Amendment:
11. The processing and storage of wood and firewood and tree servicing such equipment commonly used for said purposes on a lot no less than one (1) acre in size on which the applicant lives or adjacent to a lot on which the applicant lives, and within three-hundred (300) feet of an "I" zoning district. Retail sale of such wood and firewood is allowed only subject to express approval as part of a conditional use permit. Any conditional use permit granted pursuant to this section shall be personal to the applicant and shall not run with the land. |
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10. Public hearing to consider the request from Nick Sypal for a conditional use permit for the property described as West half of the Southwest Quarter of Section 19, Township 15, Range 3 East, Butler County, Nebraska, physical address of 273 West C Street, David City, for processing and storage of wood and firewood and tree servicing use such equipment commonly used for said purpose;
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11. Consideration of the request from Nick Sypal for a conditional use permit for the property described as West Half of the Southwest Quarter of Section 19, Township 15, Range 3 East, Butler County, Nebraska, physical address of 273 West C Street, David City, for processing and storage of wood and firewood and tree servicing use such equipment commonly used for said purpose;
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12. Adjourn
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