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Commissioners table Luce rezoning request after neighbors object; buyer interest could change outcome
Summary
A request to rezone two small residential lots to agricultural and merge them with adjacent acreage was tabled to the first meeting in March to allow for possible purchase negotiations between neighbors.
The Scotts Bluff County Board of Commissioners temporarily deferred a decision on a rezoning request by landowner David Luce after neighboring property owners raised objections during a public hearing.
County staff described the request as a proposal to remove two small lots from the rural residential subdivision and consolidate them with adjacent agricultural land along Spring Creek Road east of Mitchell. The lots total about 2.1 acres (a 0.5-acre strip and a 1.6-acre lot); planning staff said the H & M subdivision had been consolidated previously because original lots were too small for septic and well separation.
The county planning commission recommended denial of the request by a 5-2 vote after neighboring property owners testified about concerns including livestock, road safety and impacts on adjacent residential uses. Several neighbors told the board during the public hearing that the parcels had remained undeveloped and that cattle had previously entered the lots when they were rented, causing worry about animals and traffic.
One neighbor, identifying himself as the owner of the property north of the parcel, said he would be interested in buying the land if the owner were to sell. Commissioners discussed the possibility of tabling the matter to give neighbors time to negotiate a purchase agreement that could resolve both Luce's tax concerns and neighbors' objections.
Commissioners made a motion to table the rezoning request until the first board meeting in March (approximately 60 days) to allow time to pursue a purchase agreement; the motion carried by unanimous vote. The board recorded that if an agreement is reached, the applicant could withdraw the rezoning petition and no further action would be required. If negotiations fail, the item will be returned for formal consideration.
Why it matters: Rezoning that converts small residential lots to agricultural use can change tax assessments and the adjacent neighborhood's character; the commissioners chose to allow time for neighbors to pursue a private resolution before making a final land-use decision.
Next steps: Staff or the applicant will return the matter to the board if negotiations break down; if the applicant withdraws the petition because of a sale, the county will not act on the request.
