10-07-2015 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, October 7, 2015
Regular Meeting Packet
Commission Members:
Terry Connick Hall County
Karen Bredthauer Grand Island Vice Chairperson
Julie Connelly Grand Island
Jerry Huismann Grand Island
Mark Haskins Hall County
Carla Maurer Doniphan
Dean Kjar Wood River
Dean Sears Grand Island
Jaye Monter Cairo
Pat O’Neill Hall County Chairperson
Greg Robb Hall County
Leslie Ruge Alda Secretary
Regional Planning Director: Chad Nabity
Planning Technician:
Edwin Maslonka
Planning Secretary:
Rose Rhoads
6:00 PM
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Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, 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.
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item A1
Agenda
Staff Contact: Chad Nabity
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REGIONAL PLANNING COMMISSION
AGENDA AND NOTICE OF MEETING
Wednesday, October 7, 2015
6:00 p.m.
City Hall Council Chambers — Grand Island
1. Call to Order.
This is a public meeting subject to the open meetings laws of the State
of Nebraska. The requirements for an open meeting are posted on the
wall in this room and anyone who would like to find out what those are
is welcome to read through them.
The Planning Commission may vote to go into Closed Session on any
Agenda Item as allowed by State Law.
The Commission will discuss and may take action on any item listed on
this agenda.
2. Minutes of September 2, 2015.
3.Request Time to Speak.
4.Community Beautification Award.
5.Consider/Vote on whether to enter into Executive/Closed Session for
the protection of the public interest regarding threat of litigation and
legal procedures with legal counsel for the County of Hall and City Of
Grand Island.
5.5.Public Hearing – Regulation Update – Proposal of Hall County Board of
Supervisors regarding possible amendments to the Zoning Regulations of
Hall County, Nebraska, pursuant to Article 10, Section 10.01 of the Hall
County Nebraska Zoning Resolution #04-0020. The proposed
amendments relate to definitional sections and regulations for adult
establishments and the land available to adult establishments as a
permitted use, in AG-SI Special Agriculture/Industrial Zone, AG-SE
Agriculture/Events Zone, LI Light Industrial District, and G-I General
Industrial District, as well as harmonizing general penalty provisions in the
existing regulations. The proposed amendments would affect Sections
2.03A, 2.03.11 through 2.03.20, 2.03.269, 2.03.389, 2.03.390, 4.06.01,
4.06.02, 4.07.01, 4.07.02, 4.14.01 to 4.14.03 (paragraph 5), 4.15.01 to
4.15.03 (paragraph 13), 6.08, 10.02, 10.03, and 11.01 of the existing
regulations, and would add a new Section 3.29 Adult Entertainment
Regulations, and a new Section 7.06 Remedies for Violation, Penalties,
and Enforcement Generally. (C-01-2016HC)
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6.Public Hearing – Redevelopment Plan - Public Hearing - Concerning an
amendment to the redevelopment plan for CRA, Area 7, for a Site Specific
Redevelopment Plan for property located at the southwest corner of the
intersection of Schimmer Road and Blaine Street, in Grand Island, Hall
County, Nebraska. Resolution No. 2016-01. (C-02-2016GI)
7.Public Hearing –Annexation Cairo – (C-03-2016C)
A tract of land in the North ½ of Section 19, Township 12 north, Range 11
West of the 6th P.M. in Hall County. Located north of and including Nebraska
Highway 2, west of and including 130th Road and south of and including One
R Road. A proposed industrial park for the Village of Cairo.
8.Public Hearing – Adoption of New Zoning Map for Cairo (C-03-2016C)
This map includes changes proposed with the annexation above and
extension of the Extraterritorial Zoning Jurisdiction.
Consent Agenda
9.Final Plat – Concept Third Subdivision – located south 4th Street and east
of Taft Ave., in the City of Grand Island, in Hall County, consisting of 3 lots
and 12.5469 acres.
10. Final Plat – Cairo Business Park Subdivision – located south of One R Rd
and west of 130th Rd., in Hall County, consisting of 20 lots and 90.072 acres.
11.Next Meeting November 4, 2015
12. Adjourn
PLEASE NOTE: This meeting is open to the public, and a current agenda is
on file at the office of the Regional Planning Commission, located on the
second floor of City Hall in Grand Island, Nebraska.
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item E1
Meeting Minutes
Staff Contact: Chad Nabity
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THE REGIONAL PLANNING COMMISSION OF HALL COUNTY, GRAND ISLAND,
WOOD RIVER AND THE VILLAGES OF ALDA, CAIRO, AND DONIPHAN,
NEBRASKA
Minutes
for
September 2, 2015
The meeting of the Regional Planning Commission was held Wednesday, September 2, 2015
in the Council Chambers - City Hall – Grand Island, Nebraska. Notice of this meeting
appeared in the "Grand Island Independent" August 22, 2015.
Present: Pat O’Neill Carla Maurer
Karen Bredthauer Terry Connick
Les Ruge Greg Robb
Julie Connelly Dean Kjar
Mark Haskins Jerry Huismann
Absent: Dean Sears
Other:
Staff:Chad Nabity, Rose Rhoads
Press:
1.Call to order.
Chairman O’Neill called the meeting to order at 6:00 p.m.
O’Neill 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
are posted on the wall in the room and easily accessible to anyone who may be
interested in reading them.
2. Minutes of August 12, 2015 meeting.
A motion was made by Bredthauer and seconded by Robb to approve the
Minutes of the August 12, 2015 meeting.
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The motion carried with 9 members present and 7 voting in favor (O’Neill,
Ruge, Connick, Maurer, Huismann, Robb, Bredthauer ) and 2 members
(Haskins and Connelly) abstaining.
3.Request Time to Speak.
No one requested time to speak.
4.Public Hearing - Rezone - A request to rezone property from CD Commercial
Development Zone to Amended CD Commercial Development Zone, located north of
State Street and east of US Hwy 281, in Grand Island, in Hall County, Nebraska. (C-
24-2015GI)
O’Neill opened the Public Hearing.
Nabity reviewed the request for the rezone.
O’Neill closed the Public Hearing.
A motion was made by Haskins to approve the rezone as presented and seconded by
Bredthauer.
Motion carried with 9 members present and 9 voting in favor (O’Neill, Ruge, Connick,
Maurer, Huismann, Robb, Bredthauer, Haskins and Connelly).
Dean Kjar joined the meeting at 6:03 p.m.
5.Public Hearing - Concerning an amendment to the redevelopment plan for CRA, Area
2, for a Site Specific Redevelopment Plan for 1607 S Locust St., in Grand Island, Hall
County, Nebraska. Resolution No. 2015-06. (C-25-2015GI)
O’Neill opened the Public Hearing.
Nabity reviewed the Redevelopment Plan.
O’Neill closed the Public Hearing.
A motion was made by Robb to approve the Redevelopment Plan as presented and
seconded by Kjar.
Motion carried with 10 members present and 10 voting in favor (O’Neill, Ruge,
Connick, Maurer, Huismann, Robb, Bredthauer, Kjar, Haskins and Connelly).
6.Final Plat – Park-View 6th Subdivision – located south of Pioneer Blvd and east of
Blaine Street, in the City of Grand Island, in Hall County, consisting of 2 lots and
2.6234 acres.
7.Grand Island Mall Eighteenth Subdivision – located west of Webb Rd in the City of
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Grand Island, in Hall County, consisting of 6 lots and 16.43 acres.
A motion was made by Ruge and seconded by Connelly to approve the consent
agenda. The motion carried with 10 members present and 10 voting in favor
(O’Neill, Ruge, Maurer, Robb, Kjar, Bredthauer, Huismann, Connick, Haskins
and Connelly) and no member abstaining.
4.Next Meeting October 7, 2015
5.Adjourn
Chairman Pat O’Neill adjourned the meeting at 6:20 p.m.
___________________________________________
Leslie Ruge, Secretary
By Rose Rhoads
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item F1
Regulation Update
Staff Contact: Chad Nabity
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Agenda Item #5.56
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
September 3, 2015
SUBJECT:
Concerning amendments to the Zoning Resolution for the Hall County. The Hall
County Board of Supervisors passed resolution 15-049 at their meeting on August 25,
2015 forwarding proposed amendments to the Hall County Zoning Regulations, as
otherwise provided by Neb. Rev. Stat. §23-114(1)(c), and in the manner specified by
Article 10, Section 10.01, paragraph 2 of the existing zoning regulations, proposes a
number of amendments to the Hall County Nebraska Zoning Resolution No.04-0020
(2004): (C-01-2016HC) A copy of the proposed changes as updated is attached..
PROPOSAL:
The changes proposed here were suggested by the County’s Legal Counsel.
The proposed changes are consistent with current case law regarding regulation of adult
establishments. The changes as proposed would permit adult establishments in four
zoning districts including the AG-SI, AG-SE, LI and GI districts. These districts
represent approximately 8,651 acres (13.5 square miles an area equal to about 40% of the
Grand Island Municipal Limits). This 8,651 acres represents 89.1% of the total
commercial or industrial zoned property within the jurisdiction of Hall County.
Adult establishments would be permitted principal uses in these districts subject to the
performance criteria listed as section 3.29.02 in the attached resolution. Adult
establishments that do not meet these minimum standards would be in violation of the
regulations and subject to legal action by the County. Such uses would also be subject to
minimum lot size, setbacks, fire and building codes as adopted and enforced and other
health and safety regulations applicable to all businesses in those zoning districts.
As part of this packet you will find a list of resources documenting the secondary effects
of adult establishments, for your consideration. A representative from the Law Office of
Mr. Scott D. Bergthold will present this information during a conference call to be held
during the meeting and included in the record of the meeting, and answer any questions
of the members of the Commission.
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RECOMMENDATION:
That the Regional Planning Commission recommend that the Hall County Board of
Supervisors approve the changes to the Hall County Zoning Resolution as presented
finding that it is in the best interest of the citizens of Hall County to regulate adult
establishments to limit reduce the negative secondary impacts of such uses as
documented in the information presented and included in the record.
___________________ Chad Nabity AICP, Planning Director
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Zoning Districts Impacted by the proposed changes
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A full copy of all the research regarding Secondary Effects can be found at the link provided
below.
http://tinyurl.com/HallCountySecondaryEffects2015
A copy of these documents was mailed to the Planning Commissioners on a CD with their
meeting packet 9/23/2015.
The documents found at this link represent a full copy of what was provided to the Planning
Commissioners.
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item F2
Redevelopment Plan Area 7
Staff Contact: Chad Nabity
Grand Island Regular Meeting - 10/7/2015 Page 65 / 113
Agenda Item #6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
September 18, 2015
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area 7 for a
Site Specific Redevelopment Plan for property located at the southwest corner of the
intersection of Schimmer Road and Blaine Street, in Grand Island, in Hall County, Nebraska
to support this development. (C-02-2016GI)
PROPOSAL:
Hatchery Holdings, LLC is proposing to acquire property, and prepare the site for construction
of a chicken hatchery. The property is zoned M2 Heavy Manufacturing and a hatchery is a
permitted principal use.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard areas is to provide
incentives for development in underdeveloped areas of the community. This project will
provide manufacturing development in a location that is intended for these uses.
Development of this property will hopefully spur additional development at the industrial
park. It will also provide jobs necessary to meet the employment requirements of the CDBG
Grant used to pay for street, sewer and water infrastructure adjacent to the property. This
area has already been declared blighted and substandard by the CRA, the Hall County
Regional Planning Commission and the Grand Island City Council.
This project is consistent with the existing zoning and the future land use plan for this
area within the City of Grand Island. This is evident by the fact that the property is zoned
M2 Heavy Manufacturing. The M2 zone allows for a variety of commercial, office and
manufacturing/industrial uses including those proposed with this plan as permitted principal
uses.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan calls for
manufacturing uses here.
The Planning Commission is required to comment on these applications to confirm that
expenditure of public funds through TIF is not supporting uses that would be inconsistent
with the Comprehensive Plan. The proposed use for manufacturing at this location appears
to be supported by the plan.
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RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve of the
redevelopment plan amendment as submitted. A resolution is attached for your
consideration.
___________________ Chad Nabity AICP, Planning Director
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BACKGROUND INFORMATION RELATIVE TO
TAX INCREMENT FINANCING REQUEST
Project Redeveloper Information
Business Name: Hatchery Holdings, LLC
Operational Site Address: SW Corner of Blaine and Schimmer Drive, Grand
Island, NE 68801
Contact: Peter Mumm
Managing Director
Hendrix-ISA, LLC
5953 Frase Court
Fall Creek, WI, 54742
Cell: 937-935-6713
Business/Admin Office Address:
5800 Merle Hay Road, Suite 14
PO Box 394
Johnston, IA 50131
Contact: Todd Carlson – Phone: (515)253-0943 Ext 136, Fax No: (515)253-0942
Brief Description of Applicant’s Business:
Development, Construction and Operation of a Hatchery facility that will produce
approx. 24,000,000 day old chicks per year. The chicks will be sold to egg
producing layer operations regionally, including sales in the states of Nebraska,
Iowa, Missouri, South Dakota, Colorado and Minnesota. There will be 6-8 related
Grand Island Regular Meeting - 10/7/2015 Page 69 / 113
breeder operations in the Grand Island area to support the hatchery operations.
The operation will include a vaccination department/area to vaccinate the chicks
with the appropriate governmental/industry approved vaccinations. There will be
approximately 50 employees at the hatchery location.
Present Ownership Proposed Project Site: Owned by Grand Island Economic
Development Corporation
Approximately 20 acres in the NE ¼ of Section 5 Township 10 N Range 9 W of
the 6th PM in Hall County Nebraska.
Proposed Project:
20 acre site
60,000 sq/ft building including 5,400 sq/ft of office/support space
Slab on grade construction with steel frame, bar joist for roof support, exterior
interlocking insulated foam panels with Kynar finish
Approx 8,000 S.Y. of roadway/parking access, 6,000 S.Y. of concrete at dock
areas & 240’x420’ of asphalt parking area
If Property is to be Subdivided, Show Division Planned:
Sub-division/Platting in process. Will forward upon receipt.
VI.Estimated Project Costs:
Acquisition Costs:
A. Land $ 1,600,000
B. Building $ 0
Construction Costs:
A. Renovation or Building Costs:$ 10,034,177
B. On-Site Improvements:
1.Utilities to Building $ 136,313
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2.Grading $ 174,000
3.Site Preparation $ 84,000
4.On Site Drainage Facilities $ 25,000
5.Parking Lots $ 314,687
6.Signage $ 5,000
7.Parking Lot Lighting $ 20,000
8.Landscaping $ 20,000
9.Tap Fees $ 25,000
C. Hatchery Equipment $ 6,000,000
Soft Costs:
A. Architectural & Engineering Fees:$ 350,000
B. Financing Fees: $ 540,000
C. Legal/Developer/Audit Fees:$ 280,000
D. Contingency Reserves:$ 360,000
E. Other (Please Specify)$ 0
TOTAL $19,998,177
Total Estimated Market Value at Completion:$ 21,000,000
Source of Financing:
A. Developer Equity:$ 4,875,647
B. Commercial Bank Loan:$ 12,243,217
Tax Credits:
1. N.I.F.A.$ 0
2. Historic Tax Credits $ 0
D. Industrial Revenue Bonds:$ 0
E. Tax Increment Assistance – Site Funding:$ 2,674,313
F. Nebraska Sites Building Development Fund $ 125,000
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Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor:
Architect:
TBD
Engineer:
Civil – TBD
Mechanical - TBD
General Contractor:
Henning Companies, LLC
5800 Merle Hay Road, Suite 14
Johnston, IA 50131
Phone: (515) 253-0943
Fax: (515) 253-0942
Estimated Real Estate Taxes on Project Site Upon Completion of Project:
Dave – please insert calculation here based on details above.
Current Valuation $220,000 Current Taxes $4805
Expected Valuation $11,600,000 Expected Taxes $253,330
Annual Taxes $253,330 Less Base $4805 Expected Increment $248,525
Project Construction Schedule:
Construction Start Date: October 15, 2015
Construction Completion Date: September 15, 2016
XII.Please Attach Construction Pro Forma
In process, will forward upon completion
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XIII. Please Attach Annual Income & Expense Pro Forma
New entity, currently under development by Hatchery operating entity
TAX INCREMENT FINANCING REQUEST INFORMATION
Describe Amount and Purpose for Which Tax Increment Financing is Requested:
Requesting a 15 year deferral of taxes on the property – based on the current
assessed value of the property vs the improved value of the property.
Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing
for Proposed Project:
The support of the Nebraska Sites and Building Development Fund will bridge
the current financing/equity gap to get the project started yet this fall. We are
requesting a $175,000 award to allow us to start the project per the sources/uses
gap that exists at this point. $125,000 of this will be available for building and
$50,000 will be available for training.
Municipal and Corporate References (if applicable). Please identify all other
Municipalities, and other Corporations the Applicant has been involved with, or
has completed developments in, within the last five (5) years, providing contact
person, telephone and fax numbers for each:
o Mr. Rand Fisher, President
Iowa Area Development Group
2700 Westtown Parkway, Suite 425
West Des Moines, IA 50256
rfisher@iadg.com, (515)223-4743
o Mr. Rob Cleveland, Director Economic Development
Indiana Michigan Power
recleveland@aep.com
(260)408-3453
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o Ms. Kathy Bantz, Mayor
City of Montpelier Indiana
300 West Huntington Street
Montpelier, IN 47359
mayorbantz@montpeliercity.net
(765)728-6500
IV.Please Attach Applicant’s Corporate/Business Annual Financial Statements for
the Last Three Years.
* Not applicable, new entity.
Post Office Box 1968
Grand Island, Nebraska 68802-1968
Phone: 308 385-5240
Fax: 308 385-5423
Email: cnabity@grand-island.com
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Redevelopment Plan Amendment
Grand Island CRA Area 7
September 2015
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 7 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of an industrial project in Area 7.
Executive Summary:
Project Description
THE ACQUISITION OF PROPERTY AT THE SOUTHWEST CORNER OF
SCHIMMER ROAD AND BLAINE STREET (APPROXIMATELY 20 ACRES) AND
THE SUBSEQUENT SITE WORK, GRADING, DRAINAGE IMPROVEMENTS,
UTILITY IMPROVEMENTS, ENGINEERING, LANDSCAPING AND PARKING
IMPROVEMENTS NECESSARY FOR CONSTRUCTING A COMMERCIAL
BUILDING TO BE USED AS A COMMERCIAL CHICKEN HATCHERY AT THIS
LOCATION.
The use of Tax Increment Financing (TIF) to aid in the acquisition of property, necessary
site work including drainage, and installation of public utilities and utility connections
necessary to develop this site. The use of TIF for this project was proposed by the Grand
Island Area Economic Development Corporation (GIAEDC) in their proposal to bring
this project to Grand Island. This project developer is willing to locate this business in
Grand Island provided TIF is available to support the project.
The acquisition, site work and construction of all improvements will be paid for by the
developer based on their agreements with GIAEDC. The developer is responsible for and
has provided evidence that they can secure adequate debt financing to cover the costs
associated with the acquisition, site work and other necessary expenditures. The Grand
Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem
taxes generated over the 15 year period beginning January 1, 2017 towards the allowable
costs and associated financing for the acquisition and site work.
TAX INCREMENT FINANCING TO PAY FOR THE ACQUISTION OF THE
PROPERTY AND RELATED SITE WORK WILL COME FROM THE
FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
This property is located west of Blaine Street south of Schimmer Drive in southern Grand
Island, the attached map identifies the subject property and the surrounding land uses:
Legal Description Exact description to be provided later but 20 acres more
or less consisting generally of either the N ½ or E ½ of NE ¼ of the NE ¼ of
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Section 5, Township 10 North, Range 9 west of the 6th P.M. in Grand Island, Hall
County, Nebraska.
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Based on the proposal the tax increment will be captured for the tax years
the payments for which become delinquent in years 2018 through 2031
inclusive.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the construction of new
commercial space on this property.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be set with the signed
contract estimated now to be January 1, 2017. Said taxes shall be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
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Redevelopment Plan Amendment Complies with the Act:
The Community Development Law requires that a Redevelopment Plan and Project
consider and comply with a number of requirements. This Plan Amendment meets the
statutory qualifications as set forth below.
1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on August 28, 2007.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan
amendment and project are consistent with the Comprehensive Plan, in that no changes in
the Comprehensive Plan elements are intended. This plan merely provides funding for
the developer to acquire the necessary property and provide the necessary site work for
the construction of a permitted use on this property.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
This Redevelopment Plan for Area 7 provides for real property acquisition. There is no
proposed acquisition by the authority. The applicant will be acquiring the property from
the current owner.
b. Demolition and Removal of Structures:
The project to be implemented with this plan will not require demolition of any existing
structures.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for manufacturing development [§18-2103(b) and §18-2111]. The attached map
also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
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City of Grand Island Future Land Use Map
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d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
The area is zoned M2 Heavy Manufacturing District. No zoning changes are anticipated
with this project. No changes are anticipated in street layouts or grades. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to acquire property and build a 60,000 square foot building to
be used as a chicken hatchery to supply chickens for egg production in the surrounding
agricultural zoning districts in Hall County and the surrounding counties. [§18-2103(b)
and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. Connections for water and
sewer will have to be extended to serve the proposed future development.
Adequate electric utility infrastructure is available to support this development.
No other utilities would be impacted by the development.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
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4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation. This amendment does not
provide for acquisition of any residences and therefore, no relocation is
contemplated. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer is proposing to purchase this property for redevelopment for $1,600,000
provided that TIF is available for the project as defined. The cost of property acquisition
is being included as a TIF eligible expense. Costs for site preparation, grading and
drainage structures, utility extensions and connection fees, of $444,313 and planning and
legal costs of $630,000 are included as TIF eligible expenses. It is estimated based on the
proposed increased valuation of the project of $11,600,000 will result in $3,728,000 of
increment generated over a 15 year period.
No property will be transferred to redevelopers by the Authority. The developer and
GIAEDC will provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer and GIAEDC will provide all necessary financing for the project. The
Authority will assist the project by granting the sum of $2,674,313 for the project from
the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be
repaid from the Tax Increment Revenues generated from the project. It is expected that
TIF revenues shall be made available to repay the original debt after January 1, 2018
through December 2032 depending on the final building schedule and contract date.
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
7. Section 18-2113 of the Act requires:
Prior to recommending a redevelopment plan to the governing body for approval, an
authority shall consider whether the proposed land uses and building requirements in the
redevelopment project area are designed with the general purpose of accomplishing, in
conformance with the general plan, a coordinated, adjusted, and harmonious development
of the city and its environs which will, in accordance with present and future needs,
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promote health, safety, morals, order, convenience, prosperity, and the general welfare, as
well as efficiency and economy in the process of development, including, among other
things, adequate provision for traffic, vehicular parking, the promotion of safety from
fire, panic, and other dangers, adequate provision for light and air, the promotion of the
healthful and convenient distribution of population, the provision of adequate
transportation, water, sewerage, and other public utilities, schools, parks, recreational and
community facilities, and other public requirements, the promotion of sound design and
arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of insanitary or unsafe dwelling accommodations or conditions of blight.
The Authority has considered these elements in proposing this Plan Amendment. This
development, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for the utilization of the property for manufacturing purposes consistent
with the intent of the Comprehensive Plan. This property was purchased by the GIAEDC
in 2006 for the purpose of encouraging industrial development. The City and the
GIAEDC have invested substantial funds in extending infrastructure to serve this
property for manufacturing purposes. New manufacturing development will raise
property values and encourage further development of this property.
8. Time Frame for Development
Development of this project is anticipated to be completed between October of 2015 and
September of 2016. Excess valuation should be available for this project for 15 years
beginning with the 2017 tax year.
9. Justification of Project
The property is located at the northeast corner of the property referred to variously as
Platte Valley Industrial Park East (PVIP East) and more recently as Wildwood Business
Park south of Schimmer Drive and west of Blaine Street. A community development
block grant of $935,000 from the Nebraska Department of Economic Development was
used to pay for a portion of the paving of Blaine Street and the installation of sanitary
sewer and water lines adjacent to the site. The use of those funds obligates the City and
the GIAEDC to recruit businesses that will create at least 37 jobs 51% of which are to be
“held by” or “made available to” people that are currently considered low to moderate
income. This project as proposed would fulfill the job creation requirements of that
grant.
10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority
conduct a cost benefit analysis of the plan amendment in the event that Tax Increment
Financing will be used. This analysis must address specific statutory issues.
As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat.
(2012), the City of Grand Island has analyzed the costs and benefits of the proposed
Redevelopment Project, including:
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Project Sources and Uses. Approximately $2,674,300 in public funds from tax
increment financing provided by the Grand Island Community Redevelopment Authority
will be required to complete the project. The total private investment on this project is
the total of the costs not eligible for is TIF $17,003,687. This $2,674,300 investment by
the Authority and the people of Grand Island will leverage $17,003,687 in private sector
financing and investment; a private investment of $6.35 for every TIF dollar investment.
Use of Funds. Phase 1
Description Eligible for TIF Funds Private Funds Total
Site Acquisition $1,600,000 $1,600,000
Utilities/On Site
Improvements $444,313 359,687 $804,000
Legal Private $250,000 $250,000
Legal CRA Cost $30,000 $30,000
Fees1 $1,600 $1,600
Architecture $350,000 $350,000
Building Construction
Costs $10,034,000 $10,034,000
Soft Costs $610,000 $610,000
Personal Property $6,000,000 $6,000,000
TOTALS $2,675,913 $17,003,687 $19,679,600
Tax Revenue. The property to be redeveloped has a January 1, 2015, valuation of
approximately $220,000 according to the Hall County Assessor’s Office. Based on the 2014 levy
this would result in a real property tax of approximately $4,804. It is anticipated that the assessed
value will increase by almost $11,400,000 upon full completion, as a result of the site
redevelopment. This development will result in an estimated tax increase of over $248,525
annually resulting in $3,728,000 of increment over the 15 year period. The tax increment gained
from this Redevelopment Project Area would not be available for use as city general tax
revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF
bond, but would be used for eligible private redevelopment costs to enable this project to be
realized.
Estimated 2015 assessed value:$ 220,000
Estimated value after completion $ 11,600,000
Increment value $ 11,380,000
Annual TIF generated (estimated)$ 248,525
TIF bond issue $ 2,674,313
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $220,000.
The proposed redevelopment and commercial construction at this location will result in
an additional $11,380,000 of taxable valuation based on valuations of similar properties.
No tax shifts are anticipated from the project. The project creates additional valuation
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that will support taxing entities long after the project is paid off. The project will not add
any tax burdens to taxing entities. Therefore no tax shifts will occur.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This project will not negatively impact employers or employees in the area directly. It is
anticipated that this project will create 50 additional jobs more than half of which will be
available to people currently considered low to moderate income meeting the job creation
component of the Community Development Block Grant that was used to extend utilities
to the property and pave Blaine Street. The increase in available jobs may result in
further tightening of the job market.
(d) Impacts on other employers and employees within the city or village and the
immediate area that are located outside of the boundaries of the area of the
redevelopment project; and
No major impacts are anticipated outside of the city or immediate area to total
employment from this project. The satellite farming operations that will be raising
chickens for egg production will stabilize and diversify the ag sector. There may be an
increase in employment in the construction sector during construction of this project and
the outlying facilities that will support this plant.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This project will serve as a catalyst project developing a 20 acre parcel within the Platte
Valley Industrial Park East. This project will meet the obligations the City and the
GIAEDC have for job creation as part of the CDBG grant that was used to install utilities
across the property and pave Blaine Street. This project will diversify the ag employment
sector into new production that is not currently found in central Nebraska, specifically
egg and chicken production.
Time Frame for Development
Development of this project is anticipated to be completed during between October 2015
and September of 2016. The date of TIF will be established with the approved contract
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but it is anticipated that he base tax year should be calculated on the value of the property
as of January 1, 2016. Excess valuation should be available for this project for 15 years
beginning with the 2017 tax year. Excess valuation will be used to pay the TIF
Indebtedness issued by the CRA per the contract between the CRA and the developer for
a period not to exceed 15 years or an amount not to exceed $2,674,313 the projected
amount of the eligible expenses for this project. Based on the purchase price of the
property and estimates of the expenses of renovation activities and associated engineering
fees, the developer will spend more than $2,674,313 on TIF eligible activities.
See Attached Site Plan
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item F3
Re-Adoption of the Village of Cairo Zoning Map
Staff Contact: Chad Nabity
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Agenda Item #7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
September 17, 2015
SUBJECT: Concerning the re-adoption of the Village of Cairo Zoning Map as produced using the Hall
County Geographic Information System as the official zoning map for the City of Cairo. (C-03-2016C)
PROPOSAL:
In December of 2015 the Cairo Village Board approved a revised zoning map for the Village of Cairo.
This map was produced using the Hall County GIS system as the official zoning map for the Village of
Cairo based on the 2003 Comprehensive Plan for the Village of Cairo. As a matter of course, the
Village of Cairo occasionally re-adopts the zoning map incorporating all changes since the last re-
adoption of the entire map along with other changes as recommended by staff and the Hall County
Regional Planning Commission. This will allow a newly revised and adopted copy of the map to be
printed for official use by the Board, staff and the general public. This hearing is being held for that
purpose. This map will also serve to give notice to all parties that the Cairo Village limits, and 1 mile
extraterritorial jurisdiction, is as shown on the map.
BACKGROUND:
ZONING CHANGES
There have been no additional changes to the map since its readoption in 2013. The Village Board has
initiated action to annex property owned by the village and designated for an industrial park. The
annexation of this additional property will result in the extension of the extra-territorial jurisdiction
(ETJ) and the need to extend the industrial district to cover this property in a manner consistent with the
future land use map of the Village. The property in the ETJ will be rezoned to keep the TA Transitional
Agriculture District extending approximately ½ mile around the municipal limits and the AG
Agricultural Zone extending from the outer edge of the TA to the edge of the jurisdiction. The Village
of Cairo has chosen square off their ETJ at the quarter quarter section boundary. This means that in
some places it will not extend the full mile from the municipal limits but will stop at the quarter quarter
section line that is nearest to 1 mile from the municipal limits. This map will be adopted at the
completion of the passage of the ordinance for annexation.
ANNEXATIONS
The Village of Cairo will have annexed the industrial park property owned by the Village north or
Nebraska Highway 2 and the Burlington Northern Santa Fe (BNSF) rail road tracks, west of 130th Road
and south of One R Road as shown.
All of these changes are consistent with the existing uses and the Future Land Use map for the Village
of Cairo provided the proposed changes to the future land use map also under consideration are
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approved. The proposed changes will harmonize the map and make enforcement of the zoning
regulations more consistent.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Village Board of Cairo adopt this map as
presented as the official Zoning Map for the Village of Cairo.
____________________ Chad Nabity AICP, Planning Director
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VILLAGE OF CAIRO
SUSAN KLUTHE, CLERK/TREASURER
P.O. Box 456 • Cairo, NE 68824 •
Phone (308) 485-4400 • Fax (308) 485-4400
Website: www.cairocommunity.com
September 1, 2015
Chad Nabity, Planning Director
Regional Planning Commission
P.O. Box 1968
Grand Island, NE 68801
Dear Chad:
RE: Consideration to annexing Business Park & amendment to Zoning Map
At the regular Board meeting on August 11, 2015, the Village Board had a discussion on
annexing the Business Park that is owned by the Village and to amend the zoning map. These
changes in zoning will flow with the current zoning for the use of the annexed property to be zoned
Heavy Industry (I-2). The Village of Cairo would like for the Regional Planning Commission to
review the following changes as recommended by the Village Board. The change being
requested is annexing the village property that is outlined in green on the attached
map and to change zoning to continue the Heavy Industry Zone from the current
I-2 zoning from the south side of Hwy 2 to Kansas Street (One R-Road) and from its current zoning to
130th Road and extending the ETJ by adopting a new map.
If you have any questions or need additional information, feel free to email me at
cairoclerk@gmail.com or call (308)485-4400.
Sincerely,
Susan Kluthe, Clerk/Treasurer
Village of Cairo
“This institution is an equal opportunity provider, and employer.”If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaintfilingcust.html or at any USDA office, or call (866)632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202)690-7442 or email at program.intake@usda.gov.”
Grand Island Regular Meeting - 10/7/2015 Page 93 / 113
ANNEXATION PLAN –Cairo Nebraska
September 16, 2015
OVERVIEW
Section 17-405 of The Nebraska State Statute allows Villages 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 village 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 village 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-village 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 village 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. This
would include extension of sewer, water and electrical infrastructure.
9.Provide long term visioning abilities as it relates to growth and provision of
services.
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Other Factors
The Village has caused to be prepared an annexation plat of the parcels under
consideration and has forwarded a request to make a recommendation on annexation of
these properties to the Hall County Regional Planning Commission.
A comprehensive inventory of services and facilities has been developed, with the types
and level of services currently being provided as well as the types of level of services
anticipated as a result of annexation.
The inventory includes general information concerning:
Existing infrastructure in affected area(s)
Summary of expenditures to extend existing infrastructure
Emergency services
Summary of operating expenditures associated with increased 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 if necessary will take place over a
reasonable 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 Village’s enterprise funds. Individual property owners will be
responsible for the cost of extending services through neighborhoods and for
connecting their properties to the public systems.
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Inventory of Service and Service Plan
The parcels under consideration are located adjacent to the Cairo Village limits from the
between and including Nebraska Highway 2 and One R Road and west of and including
130th Road.
INVENTORY OF SERVICES
1.Police Protection. The Hall County Sheriff’s Department under contract with the
Village of Cairo 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 offered by contract for all properties within the municipal limits of
Cairo.
2.Fire Protection. The Cairo Rural Fire Department will provide emergency and
fire prevention services in the annexation area. These services include:
Fire suppression and rescue
Hazardous materials regulation
Periodic inspections of commercial properties
Public safety education
3.Wastewater (Sanitary Sewer). The Village of Cairo currently maintains the
wastewater utilities services for the proposed annexation area. Wastewater services to
new development and subdivisions will be provided according to standard policies and
procedures of the Village.
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4.Maintenance of Roads and Streets. The Village of Cairo will maintain public
streets over which the Village has jurisdiction. A section of 130th Road between Nebraska
Highway 2 and One R Road and One R Road west of 130th are existing roads that will be
included with the municipal limits. These services include:
Snow and ice removal
Emergency pavement repair
Preventative street maintenance
Asphalt resurfacing
Ditch and drainage maintenance
Sign and signal maintenance
The Village of Cairo will coordinate with the State of Nebraska for the necessary services
in regard to that portion of Nebraska Highway 2 that is being annexed will assume
responsibility or reimburse the State of Nebraska for those services to the extent
required.
5.Water Utilities. The Village of Cairo currently maintains the water utilities
services for the proposed annexation area.
6.Maintenance of Parks, Playgrounds, and Swimming Pools. No impact on public
or private recreation facilities 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.
7.Zoning Regulations. The Village of Cairo is not enforcing building regulations.
Zoning permits are issued through an agreement with Hall County by the Hall County
Building and Grounds Department. Hall County will continue to oversee services
associated with zoning regulations, including:
Zoning Permit Issuance
Investigation and Enforcement of Zoning Violations
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8.Summary of Impacts
Summary of Impacts
Police Protection No Impact
Fire Protection No Change
Wastewater Available
Roads and Streets Possible Change of Maintenance
responsibilities along the perimeter of
Cairo including 130 Road, One R Road and
Nebraska Highway 2
Water Service Available
Parks, Playgrounds and Swimming Pools No Impact
Zoning Regulations Already Subject to Cairo Regulations
School District District 100 (Centura)
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Appendix A1
Nebraska Revised Statutes
The Nebraska Revised Statutes address annexation for Cities in Section §17-405 through §17-405.04.
These sections read as follows:
17-405. Contiguous land; annexation; petition; plat; approval of council; recording; effect.
(1) Whenever the owner or owners and inhabitants, or a majority thereof in numbers or value, of
any territory lying contiguous to the corporate limits of any city or village, whether the territory be already
in fact subdivided into lots or parcels of ten acres or less or remains unsubdivided, except as provided in
section 13-1115, shall desire to annex such territory to any city or village, they shall first cause an
accurate plat or map of the territory to be made, showing such territory subdivided into blocks and lots,
conforming as nearly as may be to the blocks, lots, and streets of the adjacent city or village. It shall also
show the descriptions and numberings, as provided in section 17-415, for platting additions, and
conforming thereto as nearly as may be.
(2) Said plat or map shall be prepared under the supervision of the city engineer in cases of
annexation to adjacent cities, and under the supervision of a competent surveyor in any case. A copy of
said plat or map, certified by said engineer or surveyor, as the case may be, shall be filed in the office of
the clerk of the city or village, together with a request in writing, signed by a majority of the property
owners and inhabitants in number and value of the territory described in said plat for the annexation of
said territory. The city council or board of trustees shall, at the next regular meeting thereof after the filing
of such plat and request for annexation, vote upon the question of such annexation, and such vote shall be
spread upon the journal of said council or board of trustees. If a majority of all the members of the council
or board of trustees vote for such annexation, an ordinance shall be prepared and passed by the council or
board declaring the annexation of such territory to the corporate limits of the city or village, and extending
the limits thereof accordingly.
(3) An accurate map or plat of such territory certified by the engineer or surveyor, and
acknowledged and proved as provided by law in such cases shall at once be filed and recorded in the office
of the county clerk or register of deeds and county assessor of the proper county, together with a certified
copy of the ordinance declaring such annexation, under the seal of the city or village. Thereupon such
annexation of such adjacent territory shall be deemed complete, and the territory included and described in
the plat on file in the office of the clerk or register of deeds shall be deemed and held to be a part of said
original corporate city or village, and the inhabitants thereof shall thereafter enjoy the privileges and
benefits of such annexation, and be subject to the ordinances and regulations of said city or village.
17-405.01. Annexation; powers; restrictions.
(1) Except as provided in subsection (2) of this section and section 17-407, the mayor and council
of any city of the second class or the chairperson and members of the board of trustees of any village may
by ordinance, except as provided in sections 13-1111 to 13-1118, at any time, include within the corporate
limits of such city or village any contiguous or adjacent lands, lots, tracts, streets, or highways as are
urban or suburban in character, and in such direction as may be deemed proper. Such grant of power shall
not be construed as conferring power to extend the limits of any municipality over any agricultural lands
which are rural in character.
(2) The mayor and city council of any city of the second class or the chairperson and members of
the board of trustees of any village may, by ordinance, annex any lands, lots, tracts, streets, or highways
which constitute a redevelopment project area so designated by the city or village or its community
redevelopment authority in accordance with the provisions of the Community Development Law and
sections 18-2145 to 18-2154 when such annexation is for the purpose of implementing a lawfully adopted
redevelopment plan containing a provision dividing ad valorem taxes as provided in subsection (1) of
section 18-2147 and which will involve the construction or development of an agricultural processing
facility, notwithstanding that such lands, lots, tracts, streets, or highways are not contiguous or adjacent or
are not urban or suburban in character. Such annexation shall comply with all other provisions of law
1 This information was provided by Keith Marvin, AICP of Marvin Planning Consultants of David City
Nebraska from similar plans provided for other communities in Nebraska
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relating to annexation generally for cities of the second class and villages. The city or village shall not, in
consequence of the annexation under this subsection of any noncontiguous land, exercise the authority
granted to it by statute to extend its jurisdiction beyond its corporate boundaries for purposes of planning,
zoning, or subdivision development without the agreement of any other city, village, or county currently
exercising such jurisdiction over the area surrounding the annexed redevelopment project area. The
annexation of any noncontiguous land undertaken pursuant to this subsection shall not result in any change
in the service area of any electric utility without the express agreement of the electric utility serving the
annexed noncontiguous area at the time of annexation, except that at such time following the annexation of
the noncontiguous area as the city or village lawfully annexes sufficient intervening territory so as to
directly connect the noncontiguous area to the main body of the city or village, such noncontiguous area
shall, solely for the purposes of section 70-1008, be treated as if it had been annexed by the city or village
on the date upon which the connecting intervening territory had been formally annexed.
(3) For the purposes of subsection (2) of this section, agricultural processing facility means a
plant or establishment where value is added to agricultural commodities through processing, fabrication,
or other means and where eighty percent or more of the direct sales from the facility are to other than the
ultimate consumer of the processed commodities. A facility shall not qualify as an agricultural processing
facility unless its construction or development involves the investment of more than one million dollars
derived from nongovernmental sources.
Source: Laws 1967, c. 74, § 1, p. 240; Laws 1997, LB 875, § 1; Laws 2009, LB495, § 6.
17-405.02. Contiguous land, defined.
Lands, lots, tracts, streets, or highways shall be deemed contiguous although a stream, roadway,
embankment, strip, or parcel of land not more than five hundred feet wide lies between the same and the
corporate limits.
Source: Laws 1967, c. 74, § 2, p. 241; Laws 1971, LB 890, § 1.
17-405.03. Use regulations; effect of annexation.
Any extraterritorial property use regulations imposed upon any annexed lands by the municipality before
such annexation shall continue in full force and effect until otherwise changed.
Source: Laws 1967, c. 74, § 3, p. 241.
17-405.04. Inhabitants of annexed land; benefits; ordinances.
The inhabitants of territories annexed under the provisions of sections 17-405.01 to 17-405.05 shall receive
substantially the benefits of other inhabitants of such municipality as soon as practicable, and adequate
plans and necessary city council or village board action to furnish such benefits as police, fire, snow
removal, and water service must be adopted not later than one year after the date of annexation, and such
inhabitants shall be subject to the ordinances and regulations of such municipality; Provided, that such
one-year period shall be tolled pending final court decision in any court action to contest such annexation.
Source: Laws 1967, c. 74, § 4, p. 241.
Governing Case Law
There has been a number of Nebraska Supreme Court cases handed down regarding annexation and the
annexation of land used for agriculture. There are six specific cases that are used in this annexation study.
These cases are known as:
183 Neb. 511; Sullivan v. City of Omaha; 162 N. W. 2d 227 (1968) (referred to herein as Sullivan)
186 Neb. 232; Voss v. City of Grand Island; 182 N. W. 2d 427 (1970) (referred to herein as Voss)
188 Neb. 117; Holden v. Tecumseh; 195 N. W. 2d 225 (1972) (referred to herein as Holden)
221 Neb. 272; SID No. 95 v. City of Omaha; **** (referred to herein as SID 95)
243 Neb. 607; Swedlund v. City of Hastings; 501 N.W. 2d 302 (1993) (referred to herein as Swedlund)
248 Neb. 486, 489; SID 57 v. City of Elkhorn; (referred to herein as SID 57)
(Case no????) City of Elkhorn v. City of Omaha; (referred to herein as Elkhorn)
In the Sullivan case the Nebraska Supreme Court ruled that: “The use of land for agricultural purposes
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does not necessarily mean it is rural in character. It is the nature of its location as well as its use which
determines whether it is rural or urban in character.”
In the Voss case the Nebraska Court expanded the Sullivan case by stating: “The term ‘agricultural lands
which are rural in character’ clearly lends the inference that lands may be currently utilized in an
agricultural fashion and still not be rural in character and meet the test of urban and suburban in
character. … The statute does not prescribe, nor does reason dictate, that annexation must be blindly
confined to land and areas that have already been zoned and developed into nonagricultural uses. Any
such construction of the statute would seriously impair intelligent planning and coordination of the
change-over in the use of land for urban purposes.”
The Holden case provides: “Although the principal use made by the Holden tract is for agricultural
purposes, the evidence shows that its value for residential or commercial use exceeds its value as
agricultural land. Because of the development of the city its has become urban and suburban in
character rather than rural”
The Swedlund case challenged both the definition of contiguous and adjacency as well as urban and
suburban in character, The Supreme Court stated: “The burden is on one who attacks an ordinance, valid
on its face and enacted under lawful authority, to prove facts to establish its invalidity…. Therefore, the
burden is not upon the City to prove that it did not annex the landowners’ property for the purpose of
increasing tax revenues. Rather, the burden is upon the property for an impermissible purpose”
The SID 95 case challenged the validity of an annexation based upon revenue only. The Supreme Court
stated: “The burden is on one who attacks an ordinance, valid on its face and enacted under lawful
authority, to prove facts to establish its invalidity…. Therefore, the burden is not upon the City to prove
that it did not annex the landowners’ property for the purpose of increasing tax revenues. Rather, the
burden is upon the property for an impermissible purpose”
The SID 57 case once again challenged the validity of an annexation based upon revenue only. The
Supreme Court stated: “Prudent annexation planning compels the city to consider any revenue to be
engendered by an annexation, in light of liabilities to be incurred.”
The Elkhorn case, in regards to the Fairbury annexation has a specific finding that applies. The Supreme
Court stated: “…we have implicitly recognized in Wagner, Bierschenk, and Swedlund that a municipality
may annex several tracts as long as one tract is substantially adjacent to the municipality and the other
tracts are substantially adjacent to each other.”
It is these statutory sections and Nebraska Supreme Court decisions which will guide the analysis of this
study. Upon completion of this study, it shall be the responsibility of the Mayor and City Council, as well
as the City Attorney to review the findings and recommendations and provide the appropriate input on
these and/or other properties.
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item M1
Concept Third Sub
Staff Contact: Chad Nabity
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September 22, 2015
Dear Members of the Board:
RE: Final Plat – Concept Third Subdivision
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Concept Third Subdivision, located in the City of
Grand Island, in Hall County Nebraska.
This final plat proposes to create 3 lots, a tract of land comprising all of Lot One (1),
Concept Second Subdivision in the City of Grand Island, in Hall County, Nebraska,
said tract containing 12.547 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 October 7, 2015 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 Department
City Utilities
Manager of Postal Operations
Benjamin & Associates, Inc.
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
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Hall County Regional Planning
Commission
Wednesday, October 7, 2015
Regular Meeting
Item M2
Cairo Business Park
Staff Contact: Chad Nabity
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September 22, 2015
Dear Members of the Board:
RE: Final Plat – Cairo Business Park
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Cairo Business Park Subdivision, located in Hall
County Nebraska.
This final plat proposes to create 20 lots, a tract of land located in part of the
Northeast Quarter (NE1/4), of Section Nineteen (19), Township Twelve (12) North,
Range Eleven (11) in Hall County, Nebraska, said tract containing 90.072 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 October 7, 2015 in the
Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: Village Clerk
Village Attorney
Hall County Public Works
Hall County Zoning Department
Manager of Postal Operations
Olsson Associates
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
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