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07-07-2010 Regional Planning Regular Meeting PacketHall County Regional Planning Commission Wednesday, July 07, 2010 Regular Meeting Packet Commission Members: Regional Planning Director:Chad Nabity Technician: Edwin Maslonka Secretary: Rose Woods 6:00:00 PM Council Chambers - City Hall 100 East First Street Ray Aguilar Grand Island John Amick Hall County Karen Bredthauer Grand Island Vice Chairperson Julie Connelly Grand Island Scott Eriksen Grand Island Mark Haskins Hall County Bill Hayes Doniphan Jaye Monter Cairo Pat O'Neill Hall County Chairperson Deb Reynolds Hall County Leslie Ruge Alda Secretary Don Snodgrass Wood River Hall County Regional Planning Commission Call to Order Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for Commission consideration should complete the Request for Future Agenda Items form located at the Regional Planning Office on the second floor of City Hall. If the issue can be handled administratively without Commission action, notification will be provided. If the item is scheduled for a meeting, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. DIRECTOR COMMUNICATION This is an opportunity for the Director to comment on current events, activities, and issues of interest to the commission. Hall County Regional Planning Commission Item .A1 July Summary Insert a narrative here Wednesday, July 07, 2010 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Staff Recommendation Summary For Regional Planning Commission Meeting July 7, 2010 4. Public Hearing – Annexation - Property located at US Hwy 34 & Blaine St., in the 2-mile extraterritorial jurisdiction of Grand Island. A map and exact legal description are available at the Hall County Regional Planning Department located within Grand Island City Hall. See the attached annexation plan. (C-18-2010GI) 5. Preliminary Plat – Lake Heritage 2nd Subdivision – south of NE State Hwy 34 and east of Blaine, in the 2 -mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Consisting of 38 acres (11 Lots). This property is zone LLR-Large lot residential, no new streets are proposed, water is available or can be extended to the entire subdivision, sewer is available along Bass Road through a proposed agreement with the Rainbow Lakes Homeowners Association. Final Plat – Lake Heritage 2nd Subdivision – south of NE State Hwy 34 and east of Blaine, in Grand Island, in Hall County, Nebraska. Consisting of 38 acres. (5 Lots and 1 outlot) 6. Final Plat – Northview 8th Subdivision – located east of Idaho Ave., and south of US Hwy 2, in Grand Island, in Hall County, Nebraska. Consisting of 7.25 acres. This is zoned R1-Suburban Density Residential, sewer a nd water are available and the development is consistent with the approved preliminary plat. (20 Lots) Item E2 June Meeting minutes Insert a narrative here Wednesday, July 07, 2010 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND, WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN, NEBRASKA Minutes for June 2, 2010 The meeting of the Regional Planning Commission was held Wednesday, June 2, 2010, in the Community Meeting Room - City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the "Grand Island Independent" May 22, 2010. Present: Leslie Ruge Karen Bredthauer Bill Hayes Pat O’Neill Don Snodgrass John Amick Julie Connelly Ray Aguilar Deb Reynolds Absent: Jaye Monter, Scott Eriksen, Mark Haskins Other: Staff: Chad Nabity, Rose Woods Press: 1. Call to order. Chairman O’Neill called the meeting to order at 6:00 p.m. He stated that this was a public meeting subject to the open meetings laws of the State of Nebraska. He noted that the requirements for an open meeting were posted on the wall in the room and easily accessible to anyone who may be interested in reading them. 2. Minutes of May 5 , 2010 meeting. A motion was made by Reynolds and seconded by Aguilar, to approve the Minutes of the May 5, 2010 meeting as presented. The motion carried with 9 members present and 7 voting in favor (Aguilar, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Snodgrass) and 2 member abstaining (Amick, O’Neill). 3. Request time to speak. Eugene Caroll 2057 Wilderness Ridge Dr., Lincoln NE 68512 item # 5 and Robert Naumann 2905 N 169th Ave, Omaha NE 68116 for item # 5 . 4. Public Hearing – Concerning a request to rezone the proposed Lot 1 and Outlot A of Crane Valley 7th Subdivision approximately 7.25 acres of land north of Faidley Avenue and west of Diers Avenue from B2-General Commercial to RD- Residential Development Zone, in the City of Grand Island. (C-16-2010GI). O’Neill opened the Public Hearing. Nabity explained the developer is proposing to build eight apartment buildings with eight dwelling units in each building on this site (64 units total). At the proposed density, this development would be 8.8 units per acre or 1 unit for every 4950 square feet. This is significantly less development than could be allowed in a B2 or RO or even R4 or R3 district. This development provides for public utilities within the development. Road access from Faidley Avenue into the development splits to provide a circular access pattern to the apartments. The access to the apartments north of Faidley would be a private drive not a public street. O’Neill closed the Public Hearing. A motion was made by Snodgrass and seconded by Reynolds to approve the Rezone request of Crane Valley 7th from B2 - General Commercial to RD - Residential Development Zone. A roll call vote was taken and the motion passed with 9 members present voting in favor (Aguilar, Ruge, Hayes, Reynolds, Monter, Eriksen, Bredthauer, Connelly, Snodgrass) and no member present voting against. 5. Public Hearing – Concerning proposed changes to the Wireless Communications Tower Regulations for Hall County (6.01) the City of Grand Island (Chapter 36 Article XI), the city of Wood River (Section 7.11) and the Villages of Alda, Cairo and Doniphan (7.11). A copy of the proposed regulations is available at the office of the Hall County Regional Planning Department (C-14- 2010All). O’Neill opened the Public Hearing. Nabity stated these new regulations if adopted would establish a consistent framework for approving wireless communications facilities across the County. The main advantage to contracting with CMS is technical expertise. The Center for Municipal Solutions is a group of professionals with extensive experience in wireless communications facilities. They have people that understand the engineering diagrams and discussion, and that can ask intelligent questions about the need for a tower and review the answers provided by wireless communication companies. This expertise can be made available to the County, Cities and Villages at no direct cost to the communities. The regulations as proposed include a payment into an escrow account to be maintained by the community and used to pay the consultants. The process of getting a conditional use permit does not begin until the wireless company has paid the money into the escrow account. The new regulations for Grand Island, Hall County, Alda, Doniphan, Wood River and Cairo suggest an existing tower or structure on government property to be the first site for a new cell phone location. That was followed by an existing tower or structure on private property. If an existing tower or structure couldn't be found, the new regulations favor industrially zoned land, then manufacturing property, then commercial property, then agricultural property and as a final resort residential property. Nabity said by removing the priority for government property, it doesn't exclude government property from being used. It just doesn't give it a preference. "Giving priority to government over its taxpayers?" Planning Commission Chairman Pat O'Neill asked. "I have a problem with that." Nabity also entered into the record, a letter from The Wireless Infrastructure Association (PICA), they represent the wireless infrastructure industry. Only one telecommunications company came to speak against the regulations. Viaero site acquisition specialist Eugene Carroll of Lincoln objected to the new rule that a third-party review must be done for any tower request. He specifically objected to the third-party reviewer being the Center for Municipal Solutions (CMS), which Nabity has recommended be given a three-year review contract. Carroll said CMS is against new telecommunications towers. "Their motto is -- towers will go in as a last resort," he said. "That is not really an independent report." Carroll said the fees required under the new rules are also "not fair and reasonable" as required under Nebraska law. Application for a new telecommunications tower would cost $3,000. A new configuration on an existing tower would cost $1,500. Along with that, the telecommunications company would have to place $8,500 in an escrow account to pay for the cost of the third-party review. Carroll said there's no basis for the $8,500. It's unknown how much the third-party company will spend and charge out. Bob Naumann of CMS said more than 700 communities nationwide have hired CMS to provide tower expertise to cities and counties. CMS does not work for any telecommunication companies it is independent of the telecommunication industry, but has all the same engineering, site and analysis experts. The goal is to not have more towers than necessary while protecting communities from unnecessary lawsuits related to telecommunication towers. The $8,500 escrow account is common and has never been used in total. Any funds left over are refunded to the telecommunication company, per there request, Nabity said. Naumann said the fees paid out from the escrow account are determined greatly by how cooperative and forthcoming with information the telecommunication company is that is applying for the tower. "The cost is as much in their control as anybody's," Naumann said. Regarding the $3,000 application fee, Nabity urged the commission to remember that fee covers the expenses of the tower over the life of the tower, which is about 20 years. Considering that the current Hall County fee for a five-year conditional use permit is $500, that permit would cost $2,000 over 20 years. Add in periodic staff time for reviews and updates over that time and the $3,000 is reasonable, Nabity said. O’Neill closed the Public Hearing. An amended motion was made by Reynolds and seconded by Ruge, to amend Section 36-168.09 to eliminate items 1 and 3, that doesn’t give preferential treatment to government property. A roll call vote was taken and the motion passed with 9 members present and 6 voting in favor (O’Neill, Ruge, Reynolds, Bredthauer, Connelly, Snodgrass) and 3 members abstaining (Aguilar, Amick, Hayes). A motion was made by Amick and seconded by Hayes to approve the Wireless Communication Tower Ordinance. A roll call vote was taken and the motion passed with 9 members present (Aguilar, Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Snodgrass) voting in favor and no members present abstaining. 6. Final Plat – Woodland Park Eleventh Subdivision – located north of Capital Ave and west of North Rd., in Grand Island, in Hall County, Nebraska. Consisting of 4.317 acres. (11 Lots) A motion was made by Ruge and seconded by Bredthauer to approve the Woodland Park Eleventh Subdivision plat as presented. A roll call vote was taken and the motion passed with 9 members present (Aguilar, Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Snodgrass) voting in favor and no member present abstaining. 7. 2010-2011 Budget and Fees. Based on the proposed budget Regional Planning Commission is requesting $100,475 in budget authority for fiscal year 2010-2011 from both Hall County and the City of Grand Island. The budget as submitted to the County last year was $211,332. This included $105,666 from both Hall County and Grand Island. Once again the Planning Department is requesting no funding for Capital equipment this year. The proposed changes to the budget will cover increased personnel costs, the Director’s salary will be frozen for the 2010-2011 budget year and the secretary position will be eligible for step increase and both the secretary and technician positions include a 3.5% increase in base salary as approved with the union contract Nabity proposed increasing routine fees charged by the department for services such as rezoning requests and filing plat maps. He also recommended a new $10 fee for a signed floodplain interpretation, $50 for a map amendment that is sent to the Federal Emergency Management Agency and a $500 fee for tax- increment financing applications. Nabity said all those fees are user fees. A motion was made by Hayes and seconded by Bredthauer to approve the Budget as submitted. A roll call vote was taken and the motion passed with 9 members present (Aguilar, Amick, O’Neill, Ruge, Hayes, Reynolds, Bredthauer, Connelly, Snodgrass) voting in favor and no member present abstaining. 8. Planning Director’s Report Nabity asked for some volunteers to be on the Community Beautification committee. Anyone wishing to nominate a specific business were encouraged to do so. 9. Next Meeting July 7, 2010 10. Adjourn Chairman O’Neill adjourned the meeting at 7:10 p.m. _____________________________________________ Leslie Ruge, Secretary by Rose Woods Item H3 Annexation Insert a narrative here Wednesday, July 07, 2010 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: June 26, 2010 SUBJECT: Annexation of Properties (C-18-2010GI) PROPOSAL: To annex property as shown on the attached annexation plan. OVERVIEW: This property is contiguous with the Grand Island City Limits. The owners have requested that Lake Heritage Second Subdivision be approved as an addition to the City. These properties are within the Grand Island Utilities Electrical Service District. Water is available to the subdivision. Sewer is available to the southern side of the subdivision along Bass Road. These properties are all within the Cedar Hollow/Northwest School District. These annexations will not impact the two-mile extraterritorial jurisdiction of Grand Island. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council annex these properties as presented. ___________________ Chad Nabity AICP, Planning Director ANNEXATION PLAN –June 2010 June, 2010 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1. Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2. Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3. Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4. Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5. Ensure ability to impose and consistently enforce planning processes and policies. 6. Address housing standards and code compliance to positively impact quality of life for residents. 7. Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8. Anticipate and allocate resources for infrastructure improvements. 9. Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 10. Provide long term visioning abilities as it relates to growth and provision of services. Other Factors Anne xation of adjacent properties can also be considered upon the request of the owner(s) of the property. The Jerome W. Niedfelt Revocable Trust has submitted Lake Heritage Second Subdivision for approval as an addition to the City. A comprehensive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: · Existing infrastructure in affected area(s) · Summary of expenditures to extend existing infrastructure · Summary of operating expenditures associated with increased services · Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services will take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area. Water lines are available to this property and extensions can be made to those portions not adjacent to water lines. A private sewer line is available along the south side of the property and the developers will be responsible for negotiating connections o the sewer line. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. Lake Heritage Second Subdivision Property This property is located along in southeast Grand Island and is south of U.S. Highway 34 east of Blaine Street. The City of Grand Island provides electric services to the area. Sewer is available to portions of this property and water is available or can be extended to serve all lots in the subdivision. INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Handling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis, by over 90 FTE and 9 PTE. The Police Department is staffed at a rate of 1.66 officers per one thousand populations. No additional officers will be necessary to maintain this ratio if all proposed area is annexed. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #3 located at Webb Road and Stolley Park Road, approximately 2 miles from the nearest part of the proposed annexation area. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 27 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island will provide sanitary sewer services in the area through existing sewer lines where available. Service to the lots along Blaine Street and U.S. Highway 34 will require the installation of septic systems until such time as sewer lines are extended. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing The portions of Blaine Street and Bass Road adjacent to the subdivision will become city streets. U.S. Highway 34 is maintained by the State of Nebraska Department of Roads. 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. Water service to this area is available. 8. Maintenance of Parks, Playgrounds, and Swimming Pools. No impact is anticipated as a result of annexation. Recreation facilities and area amenities, including parks and pools, that are privately owned and operated, or operated and maintained by another governmental entity, will be unaffected by the annexation. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available to portions of the property. New mains will be required to serve the remainder at some point in the future. Roads and Streets Approximately 1 mile of street will be added Electric Service Already in GI Service Area Water Service Available Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Other No Impact School District Already ????? Financial Impacts of Lake Heritage Subdivision Annexation Financial Impact Before Annex After Annex Property Valuation $108,740 $300,000 City sales tax now applicable Yes Assume $108,740 Property 2007 Tax Levy Before Annex Tax Levy After Annex City Levy 0.000000 $0.00 0.207213 $621.64 City Bond 0.000000 $0.00 0.065287 $195.86 CRA 0.000000 $0.00 0.018076 $54.23 Hall County 0.430262 $188.09 0.430262 $1290.79 Rural Fire 0.052291 $22.86 $0.00 Fire Bond* 0.010873 $4.75 0.010873 $32.62 GIPS School 1.071624 $3214.87 Bond 0.081182 $243.55 Bond 0.044883 $134.65 NW School 82 1.062440 $464.46 $0 Bond 0.051780 $22.64 0.051780 $155.34 Bond 0.059060 $25.82 0.059060 $177.18 ESU 10 0.01500 $6.56 0.01500 $45.00 CCC 0.099275 $43.40 0.099275 $297.83 CPNRD 0.047295 $20.68 0.047295 $141.89 Ag Society 0.004350 $1.90 0.004350 $13.05 Airport 0.012342 $5.40 0.012342 $37.03 Airport Bond 0.010737 $4.69 0.010737 $32.21 Total Combined 1.855705 $811.24 2.229239 $6,687.72 *previously approved bond will remain with property until paid off Item M4 Final Plats Insert a narrative here Wednesday, July 07, 2010 Regular Meeting Hall County Regional Planning Commission Staff Contact: Hall County Regional Planning Commission June 22, 2010 Dear Members of the Board: RE: Preliminary Plat – Lake Heritage 2nd Subdivision Final Plat – Lake Heritage 2nd Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Lake Heritage 2nd Subdivision, located south of US Hwy 34 and east of Blaine St., in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 5 lots on a tract of land comprising part of the NW1/4 of the NW1/4 of Section 33, Township 11, North Range 9 West of the 6th P.M., in the City of Grand Island, in Hall County, Nebraska, said tract containing 38 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on July 7, 2010 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Inspections City Utilities Manager of Postal Operations Jake Ripp This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. June 22, 2010 Dear Members of the Board: RE: Final Plat – Northview Eighth Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a final plat of Northview Eighth Subdivision, located south of US Hwy 2 and east of Idaho Ave., in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 11 lots on a tract of land, consisting of part of the East Half of the Northeast Quarter (E1/2, NE1/4) of Section 2, Township 11, North, Range 10 West of the 6th P.M. in the City of Grand Island, in Hall County, Nebraska, said tract containing 7.25 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on July 7, 2010 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Inspections City Utilities Manager of Postal Operations Olsson Assoc. This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.