Minutes
Perkins County Planning Commission
Meeting Wednesday May 5, 2010
7:30 p.m.
Perkins County Courthouse
District Courtroom
Grant, Nebraska
1. The Perkins County Planning Commission held a meeting on Wednesday, May 5, 2010, at the Perkins County Courthouse District Court room in Grant, Nebraska. Chairman Dennis Demmel called the meeting to order at 7:35 p.m. Roll call found the following members present: Joe Krajewski, Dennis Demmel, Bev Hendricks, Cathy Harden, and Tom Tines. Not present were: Chad Rosentrater, Bob McCormick, Deb Osler and Val Foster. Also present was Zoning Administrator Chris Loeffler, Perkins County Attorney Rick Roberts, Keith County Zoning Administrator Jack Quinlivan, West Central Nebraska Development District CEO Karl Elmshaeuser and numerous members of the public.
2. Chris gave certification of publication of the meeting and public hearings that was published in the Grant Tribune Sentinel’s April 22, 2010 edition. The Open Meetings Act was pointed out on the south wall of the room. President Demmel went over the agenda briefly.
3. Chairman Demmel asked for comments on the February 9, 2010 minutes. It was moved by Joe and seconded by Tom to dispense with the reading and approve the minutes of the February 9, 2010 meeting as presented, with the change that the draft changes of the airport regulation amendment language be attached as a document. Roll call vote. Joe Krajewski, aye; Dennis Demmel, aye; Bev Hendricks, aye; Cathy Harden, abstain; Tom Tines, aye. Motion failed for lack of a majority. It was stated that if another member comes to the meeting, this motion would be re-visited.
4. Chairman Demmel opened the public hearing for the Conditional Use application submitted by James and Nicholle Armbruster for a Convenience Store with Liquor License at 7:39 p.m. He asked the board if any ex-parte communication had occurred with the applicant. The members indicated that none had. The Chairman asked if the applicant would like to give a brief explanation of the project, and Mr. Armbruster talked briefly about the proposed use. The Chairman then asked the Zoning Administrator to present her findings of fact. The Zoning Administrator went over her Findings of Fact document, attached to these minutes as document # 01-05052010. Chris also submitted a letter she received from Mr. Warren McClintock, attached to these minutes as document # 02-05052010. Deb Osler arrived at 7:52 p.m. The Chairman asked if there were any comments from the public. Mr. Adrian Gasseling made the comment that he was owner of lots 11 and 12 in block 7 in Grainton. He said he didn’t have any objection against the proposed use, but was concerned with traffic possibly driving on his property. Mr. Gasseling was also concerned about hours of operation, and the possibility of theft, since no one would be living there. Mr. Armbruster replied that his property would be fenced to keep traffic from driving on neighboring lots. Mr. Armbruster said that the hours of operation will be from 6 a.m. to 7 p.m. and that a security system will be installed. Chairman Demmel asked if any other members of the public had comments. Being none, he closed the public hearing at 7:58 p.m.
5. It was moved by Tom, and seconded by Joe, to recommend approval of Conditional Use #01-2010, submitted by James and Nicholle Armbruster, for a Convenience store with liquor license, located on lots 1-10, block 7, of Grainton, Nebraska, with the following conditions: 1. Applicant will need to apply for a liquor license (they have indicated that this process has started.) They will also need to obtain the proper DEQ permit for the sewage treatment, and any other permits required by other agencies. 2. Applicant is notified that the County is not liable for increased maintenance of road 351 due to increased traffic to their business. 3. If truck traffic enters the lots, it is not to cross over the alley without vacation of the alley. Roll call vote: all ayes. Motion carried. Applicant was advised that the public hearing with the County Board was set for Monday, June 7, 2010.
6. The chairman re-visited the motion for passage of the minutes, since Deb Osler had arrived. It was moved by Joe and seconded by Tom to dispense with the reading and approve the minutes of the February 9, 2010 meeting as presented, with the change that the draft changes of the airport regulation amendment language be attached as a document. Roll call vote. Joe: aye, Dennis: aye, Bev: aye, Deb: aye, Cathy: abstain, Tom: aye. Motion carried.
7. The Chairman opened the public hearing dealing with airport language amendments to the Zoning Regulations at 8:04 p.m. The Chairman gave some opening comments, and then turned it over to Zoning Administrator Chris Loeffler. She went through the proposed amendment, attached as document # 03-05052010, and explained why certain things were in the amendment, and what effect the language would have. She then went through findings of fact about the proposed amendment, attached to these minutes as document #04-05052010.
8. The Chairman then introduced Mr. Karl Elmshaeuser, who spoke on the amendments. He spoke on the need to protect the Grant Municipal Airport. The Chairman asked the public to sign in as they stepped to the podium to speak, and Mr. Leon Kumor spoke first. He handed out document # 05-050510, attached to these minutes. Mr. Kumor explained how he felt it was important to keep the AA district overlay zones around the grassed runways in Perkins County. He then handed out document # 06-050510, a document prepared by the Grant City/County Airport Zoning Board. He briefly described the board’s position on the amendment, and read the last summary paragraph.
9. Mr. Bob Bounds spoke next. He went over the document prepared by the Airport Zoning Board. He felt that these regulations are in excess of what the FAA requires, and is unnecessary. He felt that private airports should be allowed in outright, and should be considered an agricultural use. He felt many of the definitions are unnecessary, and the setbacks in the sections dealing with the conditions a private airport would have to meet are too strict. He felt that if the 2000’ setback is adhered to, no airplane could fly in the state. He felt that the county should not be in the business of regulating private airports.
10. Ted Deaver spoke next. He felt that the pilots should have been consulted to help draft the regulations. He felt that the private protection surrounding each of the private airports should be lifted, because otherwise, no new private airport could come in without getting permission from every land owner within 3 miles of that airport. The wind generation rights would be taken away from each of the surrounding land owners.
11. Shannon Malmkar spoke next. He spoke about two issues: one being the protection (the AA district) of private airports, and the other being the conditions a private airport must meet to obtain a Conditional Use permit. He didn’t know if the two issues could be handled separately, but felt maybe there was a need to.
12. Doug Beck spoke next. He felt that the concerns the Airport Zoning Board had brought before the Planning Commission were not being addressed. It was explained that tonight was the first time the Planning Commission had obtained the concerns, and that they would be dealt with after the public hearing was closed.
13. The Chairman asked Karl Elmshaeuser to comment on the concerns brought before the board. He said he understood the pilot’s concerns, but that ultimately, the Grant airport needs to be protected, and that there is a liability to the County in offering an airport approach overlay district to private airports. He also explained to the board how approaches to an airport work.
14. Chris then addressed some of the concerns brought out by the public. She stated that she was concerned about the AA overlay districts surrounding private airports right now. For instance, a grain elevator leg taller than 150’ could come in within an AA district without her knowledge, because agricultural uses such as a private elevator leg do not have to acquire a zoning permit. Then, a pilot within that district could come back on the County with a complaint, because their airspace for that private airport had not been protected. She also explained that currently, no new private airports can come into the county, there has to be language adopted of some kind, and it’s just a question of where to draw the line in the sand. She explained that we are also charged with this kind of regulating with passage of LB512. She addressed Mr. Bounds concerns about the 2000’ setback, that this setback would be on the ground only, and not in the air. She explained that the issue of an airport being an agricultural use was already covered with the Board of Adjustment last fall when they upheld her decision that it wasn’t an agricultural use. She explained that it’s the job of Planning and Zoning to weigh all sides of an issue, and come to the right decision for all parties concerned.
15. The Chairman then asked the public once again if they had any comments. Mr. Ole Sihm asked why, in the definition of small aircraft, we wouldn’t allow one larger than 12,500 pounds to land on a grassed runway. It was explained that the definition of small aircraft did not restrict any poundage aircraft to land on a grassed runway. It was simply a definition, and if a larger aircraft wanted to land on a grassed runway, that was their decision. The Chairman closed the public hearing at 9:59 p.m. and declared a break, and informed the Planning Commission not to visit about the issue with each other or the public during the break.
16. Reconvened at 10:10 p.m. The Chairman asked the board about their desires concerning the amendment language. Did they want to move ahead with it, or work on it some more? Bev stated that she would like to move ahead, and the general consensus was to work on the language tonight, and move it ahead to the County Board. The Board went over several of the public’s concerns, and discussed them at length. They added the words, “horizontal setback” to the regulations dealing with private airport setbacks. It was moved by Deb Osler, and seconded by Bev Hendricks, to recommend approval of the amendment language, attached to these minutes as document # 03-05052010 and recommend passage to the County Board with the words “horizontal setback” added to section 501.05-5d, and 502.05-9d. Roll call vote. All Ayes. Motion carried. The public was notified that the County Board hearing dealing with this amendment would be held on June 7, 2010.
17. The Zoning Administrator gave her report, attached to these minutes as document # 07-05052010.
18. The Chairman adjourned the meeting at 11:01 p.m.
Respectfully submitted,
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Deb Osler, substitute secretary for Val Foster