05-02-2018 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, May 2, 2018
Regular Meeting Packet
Commission Members:
Judd Allan Hall County
Tony Randone Grand Island
Derek Apfel Grand Island
Hector Rubio Grand Island
Leonard Rainforth Hall County
Carla Maurer Doniphan
Dean Kjar Wood River
Robin Hendricksen Grand Island
Jaye Monter Cairo Vice Chairperson
Pat O’Neill Hall County Chairperson
Greg Robb Hall County
Leslie Ruge Alda Secretary
Regional Planning Director: Chad Nabity
Planning Technician:
Rashad Moxey
Administrative Assistant:
Norma Hernandez
6:00 PM
City Hall
Grand Island Regular Meeting - 5/2/2018 Page 1 / 129
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.
Grand Island Regular Meeting - 5/2/2018 Page 2 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item A1
Agenda
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 3 / 129
AGENDA AND NOTICE OF MEETING
Wednesday, May 2, 2018
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.
The order of items on the agenda may be reorganized by the Chair to
facilitate the flow of the meeting to better accommodate the public.
2.Minutes of the April 4, 2018.
3.Request Time to Speak.
4.Public Hearing – Blight and Substandard Study – Grand Island –
Concerning a blight and substandard study for Area 26 comprising 28.42
acres on located west of the Central Nebraska Railroad tracks between
Capital Avenue and 12th Street (extended) in the City of Grand Island,
Nebraska. (C-19-2018GI)
5.Public Hearing Redevelopment Plan Grand Island Area 12 - Concerning
a redevelopment plan amendment for Phase 2 of Copper Creek in CRA Area
12 south of Old Potash Highway and east of Engleman Road for the
construction of streets, sewer, water and storm sewer and 80 additional
houses and Substandard Study and Generalized Redevelopment Plan for
the City of Grand Island including various areas of the community as shown
in the study and plan. (C-20-2018GI)
Consent Agenda:
6.Subdivision – New Northwest Subdivision Hall County Final Plat-
Located north of One-R Road and west of North Road in the jurisdiction of
Hall County, Nebraska. (1 lots, .81 acres). This property is zoned A1
Primary Agricultural Zone.
7.Subdivision – JTL Subdivision Hall County Final Plat- Located north of
Platte River Drive and west of Alda Road in the jurisdiction of Hall County,
Grand Island Regular Meeting - 5/2/2018 Page 4 / 129
Nebraska. (1 lots, 2.979 acres). This property is zoned A1 Primary
Agricultural Zone.
8.Subdivision – Bosselville Subdivision Grand Island ETJ Final Plat-
Located south of Wood River Road and west of U.S. Highway 281 in the
jurisdiction of Grand Island, Nebraska. (2 lots, 25.591 acres). This property
is zoned B2 General Business Zone.
9.Subdivision – Copper Creek 10th Estates Subdivision Grand Island
Final Plat- Located south of Indian Grass Road and west of Brome Grass
Road in the jurisdiction of Grand Island, Nebraska. (9 lots, 2.08 acres). This
property is zoned R2 Low Density Residential.
10.Subdivision – Fonner View Estates Subdivision Grand Island
Preliminary Plat- Located south of Stolley Park Road and west of Stuhr
Road in the jurisdiction of Grand Island, Nebraska. (6 lots, 34.848 acres).
This property is zoned LLR Large Lot Residential.
11.Subdivision – Critel Subdivision Wood River Final Plat- Located north
of Eleventh Street and west of Elm Street in the jurisdiction of Wood River,
Nebraska. (2 lots, 1.378 acres). This property is zoned TA Transitional
Agriculture Zone.
12.Subdivision – Fugate Subdivision Grand Island Final Plat- Located north
of State Road, west of U.S. Highway 281 and east of Diers Ave. in the
jurisdiction of Grand Island, Nebraska. (2 lots, 1.44 acres). This property is
zoned B2 General Business Zone.
13.Subdivision- Stander Subdivision Grand Island Final Plat – Located
south of 13th Street and west of North Road in the jurisdiction of Grand
Island, Nebraska. (4 lots, 20.063 acres). This property is zoned R1 Suburban
Residential.
14.Discussion- Text Amendment of Hall County Zoning Resolution.
Concerning proposed amendments to various parts of Article 2 Section 2.03
Definition of Terms, and Article 4 Section 4.02 Agricultural – Primary District
and Section 4.03 A-2 Secondary Agricultural District relative to livestock
production. (C-06-2017HC)
15.Directors Report
16.Next Meeting June 6, 2018.
17.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
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second floor of City Hall in Grand Island, Nebraska.
Grand Island Regular Meeting - 5/2/2018 Page 6 / 129
Staff Recommendation Summary
For Regional Planning Commission Meeting
May 2, 2018
4.Public Hearing – Blight and Substandard Study - Grand Island
Commissioned by Fred Hoppe on 28.42 acres of property between Capital
Avenue and 12th Street west of the Central Nebraska Railroad line in
northeast Grand Island., This area is largely vacant and undeveloped
despite the proximity long time developed property. Hoppe is seeking to
have the area declared blighted and substandard. A redevelopment
project could then be brought forward. Resolution No. 2018-08 is before
the commission for possible approval. (C-19-2018GI) (Hearing,
Discussion, Action)
5.Public Hearing – Redevelopment Plan – Grand Island – Concerning an
amendment to the redevelopment plan for Community Redevelopment
Authority Area 12. This redevelopment plan amendment is for the Phase 2
of the Copper Creek development and would permit the use of TIF for 80
additional single family homes within the development. The home will
have an initial sales price of $185,000 for 1300 to 1500 square foot homes
with unfinished basements. The tax increment created by the new homes
would be used to offset the costs of streets, sewer, water, storm sewer
and site grading for the development. A motion on Resolution 2018-09 s
in order. (C-20-2018GI) (Hearing, Discussion, Action)
6.Subdivision – New Northwest Subdivision Hall County Final Plat-
Located north of One-R Road and west of North Road in the jurisdiction of
Hall County, Nebraska. (1 lots, .81 acres). This is a proposed site for an
electric substation. This property is zoned A1 Primary Agricultural Zone
7.Subdivision – JTL Subdivision Hall County Final Plat- Located north
of Platte River Drive and west of Alda Road in the jurisdiction of Hall
County, Nebraska. (1 lots, 2.979 acres). This splits an existing farmstead
from a tract of 20 acres or more. This property is zoned A1 Primary
Agricultural Zone.
8.Subdivision – Bosselville Subdivision Grand Island ETJ Final Plat-
Located south of Wood River Road and west of U.S. Highway 281 in the
jurisdiction of Grand Island, Nebraska. (2 lots, 25.591 acres). This will
separate the parking lot west of the truck center from the truck center.
Private water is available from the Bosselman water system. Sewer is
available either from the city through the tap district or through the private
system maintained by Bosselmans. This property is zoned B2 General
Business Zone
Grand Island Regular Meeting - 5/2/2018 Page 7 / 129
9.Subdivision – Copper Creek 10th Estates Subdivision Grand Island
Final Plat- Located south of Indian Grass Road and west of Brome Grass
Road in the jurisdiction of Grand Island, Nebraska. (9 lots, 2.08 acres).
This property is served by city sewer and water and the streets are 37’
residential streets. This property is zoned R2 Low Density Residential.
10.Subdivision – Fonner View Estates Subdivision Grand Island
Preliminary Plat- Located south of Stolley Park Road and west of Stuhr
Road in the jurisdiction of Grand Island, Nebraska. (6 lots, 34.848 acres).
This development is proposed with individual well and septic systems.
Access onto Stuhr Road will be limited with the subdivision agreement at
the time of the final plat. This property is zoned LLR Large Lot Residential.
The property is adjacent to the Grand Island City limits and is being
submitted as an addition to the City of Grand Island.
11.Subdivision – Critel Subdivision Wood River Final Plat- Located north
of Eleventh Street and west of Elm Street in the jurisdiction of Wood River,
Nebraska. (2 lots, 1.378 acres). This property is zoned TA Transitional
Agriculture Zone.
12.Subdivision – Fugate Subdivision Grand Island Final Plat- Located
north of State Road, west of U.S. Highway 281 and east of Diers Ave. in
the jurisdiction of Grand Island, Nebraska. (2 lots, 1.44 acres). This
property is zoned B2 General Business Zone.
13.Subdivision- Stander Subdivision Grand Island Final Plat – Located
south of 13th Street and west of North Road in the jurisdiction of Grand
Island, Nebraska. (4 lots, 20.063 acres). This development proposed has
4 lots, 3 of which the City is considering for purchase. The fourth lot may
have additional subdivision. This property is zoned R1 Suburban
Residential. The property is adjacent to the Grand Island City limits and is
being submitted as an addition to the City of Grand Island.
14.Text Amendment of Hall County Zoning Resolution. Concerning
proposed amendments to various parts of Article 2 Section 2.03 Definition
of Terms, and Article 4 Section 4.02 Agricultural – Primary District and
Section 4.03 A-2 Secondary Agricultural District relative to livestock
production. This is a continuation of the discussion of potential changes to
the Hall County zoning regulations regarding livestock. No action is
expected. This is an opportunity for the whole commission to discuss
proposed changes in an open session prior to public hearing. (C-06-
2017HC) (Discussion)
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Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item E1
Minutes of the April 4, 2018 Meeting
Staff Contact:
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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
April 4th, 2018
The meeting of the Regional Planning Commission was held Wednesday, April 4th, 2018, at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the "Grand Island
Independent" on March 23rd, 2018.
Present: Pat O’Neill,Leonard Rainforth Hector Rubio
Les Ruge Dean Kjar Tony Randone
Judd Allan Greg Robb
Carla Maurer Derek Apfel
Absent: Robin Hendricksen, Jaye Monter
Other: Hall County Public Works Director Steve Riehle
Staff: Chad Nabity, Rashad Moxey.
Press: Julie Blum, Grand Island Independent.
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.
O’Neill also noted 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.
The order of items on the agenda may be reorganized by the Chair to facilitate the flow
Grand Island Regular Meeting - 5/2/2018 Page 10 / 129
of the meeting to better accommodate the public.
2. Minutes of the March 14th, 2018 meeting.
A motion was made Rainforth and seconded by Kjar to approve the minutes of
the March 14th, 2018 meeting.
The motion carried with ten members in favor (O’Neill, Apfel, Allan, Ruge,
Maurer, Robb, Rainforth, Rubio, Randone and Kjar) and no members voting no
or abstaining.
3.Request Time to Speak.
The following requested time to speak during discussion: Kim Bockmann 5537
N Webb Rd., Item 5; Zachary Zoul, 2723 Brentwood Blvd., Item 5; Frank
Doland 825 M St., Lincoln, NE, Item 7; Arend Baack, P.O. Box 790, G.I, Item
8; Greg Baxter, 2121 N. Monitor Rd., Item 8.
4. Public Hearing Rezoning- Concerning the rezone of Lot One (1) Block Nine (9) of the
Second Amendment to Lot1 Block 9 of Continental Gardens Subdivision, in the City of
Grand Island, Hall County, Nebraska from CD Commercial Development to Amended
Commercial Development Zone. This property is located east of Webb Road and south
of Rue de College. (C-16-2018GI)
O’Neill opened the public hearing.
Nabity explained an application has been made to change zoning (amend the approved
development plan) for the property where Arby’s is located on Webb Road.
The Development Plan for approved in 1997 shows the Arby’s building at the south
end of Lot 1 Block 9 of Continental Gardens Subdivision. The Developers are
requesting changes to the plan as approved to allow a new Arby’s store to be built at the
north end of the lot. After building the new store the existing store will be demolished
and paved for parking.
The CD Zone allows for up to 50% of the property to be covered with buildings. The
proposed coverage within this development at full development as shown is well below
the maximum coverage.
O’Neill closed the Public Hearing.
A motion was made by Maurer and seconded by Apfel to recommend approval of the
amended development plan and request to rezone as presented.
A roll call vote was taken and the motion passed with 10 members present voting in
favor (O’Neill, Ruge, Maurer, Robb, Kjar, Rainforth, Apfel, Allan, Rubio, and
Randone) and no members voting no or abstaining.
Grand Island Regular Meeting - 5/2/2018 Page 11 / 129
5.Public Hearing – Rezoning – Hall County – Request to rezone 33.57 acres from A-1
Agriculture Primary to PUD Planned Unit Development for the Prairie Creek Meadows
Second Subdivision located south of One-R Road and east of Webb Road in Hall
County, Nebraska. (C-17-2018HC)
O’Neill opened the public hearing.
Nabity explained that the application brought forth is a request to a zoning change from
A1 to PUD for the Prairie Creek Meadows Second Subdivision. He went onto say that
the proposed development would consist of 9 lots; 1 lot for a proposed private street, 1
lot with an existing house and 6 lots which would be available for future development.
Also, 1 lot which was initially apart of Prairie Creek Meadows first Subdivision but is
being extended into the 2nd subdivision to change the configuration of the lot square up
the property lines.
Nabity stated that all lots within Prairie Creek Meadows Second Subdivision are more
than 3 acres which qualify them for well and septic and city utilities are not extended to
this particular location as yet. He also explained that the addition of these properties
will not be a significant impact on the County public services. Nabity noted that the
addition of these properties would generate revenue for the County and School District
and provide rural housing.
O’Neill asked if we would need to require no net fill on this development like we did
on the development to the west. Nabity stated that the property is in the flood plain and
while the floodway is not delineated across this site it would be prudent to impose the
same requirements. If specific types of soil are needed for construction purposes the
same amount of soil must be removed from the property as is brought in. This item will
be discussed further with the final development plan if the County Board approves the
preliminary plan and rezoning.
Kim Bockmann, a resident in the area expressed her concern of the proposed
development, stating that the existing subdivision Prairie Creek Meadows First has
created nuisance conditions at her property adjacent to the first subdivision. She noted
that lights from the construction site are an issue late into the night and that debris from
construction sites are being blown onto her property. She also, expressed her concerns
about safety, lack of privacy, lack of peace and quiet. Bockmann explained that the
loud noises are causing stress to the horses and that she no longer feel safe at home at
night due to the number of workers being around late.
Zachary Zoul, spoke in favor of the development noting that the design is compatible to
the existing houses in the area and expressing that it has a low impact on the existing
public services provided to the area. Zoul noted that the development would have no
demands on public services. He went on to explain that the design of the lots took into
consideration the protection of the ecosystem and the area’s natural resources.
Commissioner Maurer asked if lots in the future can be subdivided and create smaller
lots for development. Nabity explained that it is possible however the owners would
have to go through the same process as Prairie Creek Meadows as well as meet DEQ
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requirements.
O’Neill closed the Public Hearing.
A motion was made by Randone and seconded by Robb to recommend approval to
rezone 33.57 acres from A-1 Agriculture Primary to PUD Planned Unit Development
for the Prairie Creek Meadows Second Subdivision
A roll call vote was taken and the motion passed with 9 members present voting in
favor (O’Neill, Ruge, Robb, Kjar, Rainforth, Apfel, Allan, Rubio, and Randone) and 1
member voting no (Maurer).
6.Public Hearing Blight Study and Redevelopment Plan –Wood River - Concerning a
Blight and Substandard Study and Generalized Redevelopment Plan for the City of
Wood River including various areas of the community as shown in the study and plan.
(C-18-2018WR)
O’Neill opened the public hearing.
Nabity introduced Wood River’s Blight Study and Redevelopment Plan and explained
that the study was conducted by Hanna:Keelan Associates based out of Lincoln, NE.
Nabity noted that the Wood River city Council passed a resolution to forward the
blight study to the Reginal Planning commission for review and recommendation for
approval. Nabity noted that the study indicated that the area can be considered blight
and substandard and he would recommend approval of the study.
No members of the public spoke for or against the study and plan.
O’Neill closed the public hearings.
A motion was made by Rainforth and seconded by Allan to recommend approval for
the Blight and Substandard Study and Generalized Redevelopment Plan for the City of
Wood River and approve Resolution 2018-07
A roll call vote was taken and the motion passed with 10 members present voting in
favor (O’Neill, Ruge, Maurer, Robb, Kjar, Rainforth, Apfel, Allan, Rubio, and
Randone) and no members voting no or abstaining.
7.Subdivision – Wilkinson Subdivision Hall County Preliminary and Final Plat–
Located north of Interstate 80 and west of U.S. Highway 281 in the jurisdiction of Hall
County, Nebraska. (3 lots, 8.69 acres). This property is zoned RC Restricted
Commercial.
O’Neill opened the public hearing.
Nabity introduced the proposed development explaining that it intends on creating 3
lots on an 8.69 acre parcel of land located north of I-80 and west of U.S. Highway 281
and east of Bluff Center Road in Hall County. Nabity noted that the property is zoned
RC-Restricted Commercial and the intended development is in compliance of the RC
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zone. He also stated that RC zone was specifically designed for the Interstate
interchange within Hall County. Nabity explained that permitted uses in the RC zones
consist of Gas station, Truck stops, Hotels, and/or other uses which specifically support
the traveling public.
Nabity also explained that the property will hook up to the city sewer and the sewer line
will be extended across the property to make it accessible to the property to the west of
the proposed subdivision. He also, stated that there will be an easement around the edge
of the property to allow access to the property to the west of the proposed area. He also
noted that parts of the property are located in the floodway and that these areas are
proposed to be used as parking spaces.
Nabity also explained, Nebraska Department of Transportation (NDOT) has approved
the access to US 281 as it is proposed.
Commissioner Ruge expressed concerns about traffic flow and safety at the proposed
access point. Frank Doland project Civil Engineer, explained that they have worked
closely with NDOT District 4. He explained that a traffic impact study was conducted
at the request of NDOT. Based on the results NDOT approved the access contingent on
intersection improvements such as the existing left turn lanes being offset for better
opposing views, southbound a right turn lane must be created to gain access into the
development to eliminate the chances of backing up traffic.
Commissioner O’Neil asked who was going to fund the improvements; Doland stated
that the developer will pay for all improvements to this area.
Commissioner Ruge asked about traffic signals being placed at the access point.
Doland’s response was no there will not be any traffic signals installed until they are
warranted. He also noted that there is a clause in the contract with NDOT that when
signals are warranted the developer is responsible in paying for them to be placed at the
access point. Doland went onto explained that the developer has offered to put traffic
signals in during the development stage, however NDOT turned it down stating that
they were not warranted.
Nabity then explained that NDOT does not allow traffic control devices unless they
meet warrants. If they started doing that they could have to do it at every location where
the lower threshold met is without meeting the warrants. He explained that using traffic
engineers’ guidelines when it meets warrants help with justifying putting them in.
O’Neill closed the public hearing
A motion was made by Robb and seconded by Randone to recommend approval for
Wilkinson Subdivision Hall County Preliminary and Final Plat– Located north of
Interstate 80 and west of U.S. Highway 281 in the jurisdiction of Hall County,
Nebraska.
A roll call vote was taken and the motion passed with 10 members present voting in
favor (O’Neill, Ruge, Maurer, Robb, Kjar, Rainforth, Apfel, Allan, Rubio, and
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Randone) and no members voting no or abstaining.
8.Discussion - Text Amendment of Hall County Zoning Resolution - Concerning
proposed amendments to various parts of Article 2 Section 2.03 Definition of Terms,
and Article 4 Section 4.02 Agricultural – Primary District and Section 4.03 A-2
Secondary Agricultural District relative to livestock production. (C-06-2017HC)
O’Neill opened a public discussion and explained that no action will be taken.
Nabity walked commissioners through the proposed changes. The subcommittee
members agreed that the changes as proposed are consistent with their vision and
understanding of the changes. Some minor areas for cleanup were noted as the review
occurred. Nabity stated that he would make those changes prior to bringing them back
for review. Arend Baack expressed concern with removing the distance requirement
between livestock operations and presented diagrams of the potential impact of that
change. He also brought up some of the minor clean up issues that were previously
discussed.
9.Director’s Report.
Nabity reported that he would be attending the APA National Conference in New
Orleans at the end of April.
10.Next Regular Meeting May 2nd, 2018
11.Adjourn
O’Neill adjourned the meeting at 7:40 p.m.
___________________________________________
Leslie Ruge, Secretary
By Chad Nabity, and Rashad Moxey
Grand Island Regular Meeting - 5/2/2018 Page 15 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item F1
Blight and Substandard Study Grand Island Area 26
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 16 / 129
1
Agenda Item # 4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
April 16, 2018
SUBJECT:CRA Blight Study (Proposed CRA Area 26) C-19-2018GI
PROPOSAL: Attached is a copy of a Substandard and Blight Study as prepared by Marvin
Planning Consultants entitled “Grand Island NE, Blighted and Substandard Study Area 26”. This
area as defined by the study will be referred to as Community Redevelopment Authority (CRA)
Area 26. The study as prepared and submitted indicates that this property could be considered
substandard and blighted. This only includes property that is located within the municipal limits of
Grand Island. The study as presented shows that this property meets the criteria to be declared
blighted and substandard of its own accord. If the Planning Commission does not make a
recommendation within 30 days Council can proceed with a decision on the declaration without
recommendation from Planning Commission.
OVERVIEW
This study is for approximately 28.42 acres of property in northeast Grand Island located west of
the Central Nebraska Railroad tracks and between Capital Avenue and 12th Street (extended).
The Statutory authority and direction to the Planning Commission is referenced below to explain the
Planning Commission purpose in reviewing the study:
Section 18-2109
Redevelopment plan; preparation; requirements.
An authority shall not prepare a redevelopment plan for a redevelopment project area unless
the governing body of the city in which such area is located has, by resolution adopted after
a public hearing with notice provided as specified in section 18-2115, declared such area to
be a substandard and blighted area in need of redevelopment. The governing body of the city
shall submit the question of whether an area is substandard and blighted to the planning
commission or board of the city for its review and recommendation prior to making its
declaration. The planning commission or board shall submit its written recommendations
within thirty days after receipt of the request. Upon receipt of the recommendations or after
thirty days if no recommendation is received, the governing body may make its declaration.
~Reissue Revised Statutes of Nebraska
The attached study does not include a redevelopment plan. If this study is approved subsequent
action will be necessary by both the Planning Commission and the City Council prior to any action
involving Tax Increment Financing or the expenditure of tax dollars from the CRA budget within
this area.
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2
It is appropriate for the planning commission in conducting its review and considering its
recommendation regarding the substandard and blighted designation to:
1.review the study,
2.take testimony from interested parties,
3.make findings of fact, and
4.Include those findings of fact as part of its recommendation to Council.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of the
Community Redevelopment Statutes. Those terms as defined by Statute are included below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise requires:
(10) Substandard areas shall mean an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to
the public health, safety, morals, or welfare;
(11) Blighted area shall mean an area, which (a) by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or inadequate street
layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or
unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or
special assessment delinquency exceeding the fair value of the land, defective or unusual
conditions of title, improper subdivision or obsolete platting, or the existence of conditions
which endanger life or property by fire and other causes, or any combination of such factors,
substantially impairs or arrests the sound growth of the community, retards the provision of
housing accommodations, or constitutes an economic or social liability and is detrimental to the
public health, safety, morals, or welfare in its present condition and use and (b) in which there is
at least one of the following conditions: (i) Unemployment in the designated area is at least one
hundred twenty percent of the state or national average; (ii) the average age of the residential
or commercial units in the area is at least forty years; (iii) more than half of the plotted and
subdivided property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the area is lower
than the average per capita income of the city or village in which the area is designated; or (v)
the area has had either stable or decreasing population based on the last two decennial
censuses. In no event shall a city of the metropolitan, primary, or first class designate more than
thirty-five percent of the city as blighted, a city of the second class shall not designate an area
larger than fifty percent of the city as blighted, and a village shall not designate an area larger
than one hundred percent of the village as blighted;
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3
~Reissue Revised Statutes of Nebraska
ANALYSIS-Blight and Substandard Study
The following findings are copied directly from the Study. The analysis of the substandard and
blighted factors is conducted on pages 5 to 11 of the study.
FINDINGS FOR GRAND ISLAND
Study Area 26 has several items contributing to the Blight and Substandard Conditions. These
conditions include:
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
Substantial number of deteriorating structures
o Within the study are 50.0% of the primary structures were deemed to be in worn out condition.
Deterioration of site or other improvements
o Sidewalk is missing along Capital Avenue within the study area
o Curb and Gutter is missing along Capital Avenue within the study area
Combination of factors which are impairing and/or arresting sound growth.
o The study area abuts a railroad spur
o The study area has a drainage ditch through its middle.
o The 11+ acres to the south has limited to no access to public rights-of-way
Insanitary and Unsafe Conditions
o The western most property within the study area contains numerous accessory structures on site that
are in a worn-out state and are unsafe
Dangerous conditions to life or property due to fire or other causes
o The western most property within the study area contains numerous accessory structures on site that
present a dangerous condition relating to life or property due to fire or other causes.
Diversity of Ownership
o There are three different property owners in the study area including the City of Grand Island.
o The diversity of ownership may be a barrier to future development.
Faulty Lot Layout
o A portion of the study area has limited access to public rights-of-way.
o Three lots, along the eastern edge, abut a railroad spur.
Defective/Inadequate Street layouts
o There is very limited access to the vacant land at the southern portion of the study area.
Stable or decreasing population based on the last two decennial censuses
o The population of the Study Area has remained stable over the past two decennial censuses.
Criteria under Part B of the Blight Definition
The average age of the residential or commercial units in the area is at least forty years
o 1 (50.0%) buildings or improvements were determined to be 40 years of age or older
o 1 (50.0%) buildings or improvements were determined to be less than 40 years of age
o The average age based upon a cumulative age calculation is 51.0 years.
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4
The other criteria for Blight were not present in the area, these included:
Improper Subdivision or Obsolete Platting
Tax or special assessment delinquency exceeding fair value of the land.
Defective or unusual condition of title,
Unemployment in the designated area is at least 120% of the state or national average.
One-half of unimproved property is over 40 years old.
The per capita income of the area is lower than the average per capita income of the city or village in which the
area is designated.
These issues were either not present or were limited enough as to have little impact on the overall condition of the study
area
Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of buildings or improvements, whether
nonresidential or residential in character, which, by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding,
or the existence of conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the public health, safety, morals, or
welfare;”
This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised Nebraska State Statutes.
FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #26
Blight Study Area #26 has several items contributing to the Blight and Substandard Conditions. These conditions
include:
Blighted Conditions
Substantial number of deteriorating structures
Deterioration of site or other improvements
Combination of factors which are impairing and/or arresting sound growth.
Insanitary and Unsafe Conditions
Dangerous conditions to life or property due to fire or other causes
Diversity of Ownership
Faulty Lot Layout
Defective/Inadequate Street layouts
Stable or decreasing population based on the last two decennial censuses
The average age of the residential or commercial units in the area is at least forty years
Substandard Conditions
Average age of the structures in the area is at least forty years
RECOMMENDATION:
Blight and Substandard Designation
Planning Commission staff is recommending consideration of the following questions as a starting
point in the analysis of this Study and in making a recommendation on the question of whether the
property in question is blighted and substandard.
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5
Recommend Questions for Planning Commission
Does this property meet the statutory requirements to be considered blighted and
substandard? (See the prior statutory references.)
Are the blighted and substandard factors distributed throughout the Redevelopment Area, so
basically good areas are not arbitrarily found to be substandard and blighted simply because
of proximity to areas which are substandard and blighted? Is development of adjacent
property necessary to eliminate blighted and substandard conditions in the area?
Is public intervention appropriate and/or necessary for the redevelopment of the area?
Will a blight declaration increase the likelihood of development/redevelopment in the near
future and is that in the best interest of the City?
What is the policy of the City toward increasing development and redevelopment in this area
of the City?
Findings of fact must be based on the study and testimony presented including all written
material and staff reports. The recommendation must be based on the declaration, not based on
any proposed uses of the site. All of the testimony, a copy of the study and this memo along
with any other information presented at the hearing should be entered into the record of the
hearing.
If the Regional Planning Commission concludes that the area in question meets the definition of
blighted and substandard and supports such conclusion with findings of fact they should move to
recommend approval of the declaration as blighted and substandard based on the facts presented
and identified at this meeting.
If the Regional Planning Commission concludes that the area in question does not meet the
definition of blighted and substandard and supports such conclusions with findings of fact, they
should move to recommend denial of the declaration as blighted and substandard based on the
facts identified.
___________________ Chad Nabity AICP, Planning Director
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Grand Island, Nebraska
Blight and Substandard Study - Area 26
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Blight and Substandard Study: Grand Island Habitat for Humanity and Hoppe
City of Grand Island, Nebraska • February 2018 Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within a specific part of Grand Island. This study has been commissioned by Grand Island Habitat
for Humanity and Mr. Fred Hoppe in order to analyze the possibility of declaring the area as
blighted and substandard.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking
at those issues and definitions provided for in the Nebraska Community Redevelopment Law as
found in Chapter 18, Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in
carrying out the provisions of Sections 18-2101 to 18-2144, shall afford maximum
opportunity, consistent with sound needs of the city as a whole, to the rehabilitation
or redevelopment of the community redevelopment area by private enterprises. The
governing body of a city shall give consideration to this objective in exercising its
powers under sections 18-2101 to 18-2144, including the formulation of a workable
program, the approval of community redevelopment plans consistent with the
general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and
occupancy of buildings and improvements, the disposition of any property acquired,
and providing of necessary public improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body
for formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the
Community Development Law may formulate for the entire municipality a workable
program for utilizing appropriate private and public resources to eliminate or prevent
the development or spread of urban blight, to encourage needed urban
rehabilitation, to provide for the redevelopment of substandard and blighted areas,
or to undertake such of the aforesaid activities or other feasible municipal activities
as may be suitably employed to achieve the objectives of such workable program.
Such workable program may include, without limitation, provision for the prevention
of the spread of blight into areas of the municipality which are free from blight
through diligent enforcement of housing, zoning, and occupancy controls and
standards; the rehabilitation or conservation of substandard and blighted areas or
portions thereof by replanning, removing congestion, providing parks, playgrounds,
and other public improvements by encouraging voluntary rehabilitation and by
compelling the repair and rehabilitation of deteriorated or deteriorating structures;
and the clearance and redevelopment of substandard and blighted areas or
portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial
number of deteriorated or deteriorating structures, existence of defective or
inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility,
or usefulness, insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title,
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Blight and Substandard Study: Grand Island Habitat for Humanity and Hoppe
City of Grand Island, Nebraska • February 2018 Page 2
improper subdivision or obsolete platting, or the existence of conditions which
endanger life or property by fire and other causes, or any combination of such
factors, substantially impairs or arrests the sound growth of the community, retards
the provision of housing accommodations, or constitutes an economic or social
liability and is detrimental to the public health, safety, morals, or welfare in its present
condition and use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
state or national average; (ii) the average age of the residential or commercial units
in the area is at least forty years; (iii) more than half of the plotted and subdivided
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the
area is lower than the average per capita income of the city or village in which the
area is designated; or (v) the area has had either stable or decreasing population
based on the last two decennial censuses. In no event shall a city of the
metropolitan, primary, or first class designate more than thirty-five percent of the city
as blighted, a city of the second class shall not designate an area larger than fifty
percent of the city as blighted, and a shall not designate an area larger than one
hundred percent of the as blighted;”
The Study is intended to give the Hall County Regional Planning Commission and Grand Island
City Council the basis for identifying and declaring Blighted and Substandard conditions existing
within the City’s jurisdiction and as allowed under Chapter 18, Section 2123.01. Through this
process, the City and property owners will be attempting to address economic and/or social
liabilities which are harmful to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. A Redevelopment Plan to be submitted in
the future containing, in accordance with the law, definite local objectives regarding
appropriate land uses, improved traffic, public transportation, public utilities and other public
improvements, and the proposed land uses and building requirements in the redevelopment
area and shall include:
• The boundaries defining the blighted and substandard areas in question (including existing
uses and conditions of the property within the area), and
• A list of the conditions present, qualifying the area as blighted and substandard.
BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
This study targets a specific area within an established part of the community for evaluation. The
area is indicated in Figure 1 of this report. The existing uses in this Blighted and Substandard Area
include residential uses including accessory uses within the corporate limits of Grand Island.
Through the redevelopment process the City of Grand Island can guide future development
and redevelopment throughout the area. The use of the Community Redevelopment Act by the
City of Grand Island is intended to redevelop and improve the area. Using the Community
Redevelopment Act, the City of Grand Island can assist in the elimination of negative conditions
and implement different programs/projects identified for the City.
The following is the description of the designated area within Grand Island.
The study area is defined as follows: the Point of beginning is located at the NE corner of a lot
described as Lassonde Sub Lot 1; thence, southerly along the east property line of same said
lot and continuing to the SE corner of a lot described as Miscellaneous Tracts 10-11-9 PT E ½
NW ¼ W of RR and S of Co Road XC City; thence, westerly along the south property line of
same said lot to the intersection with the SW corner of a lot described; thence, northerly along
the west property line of same said lot and continuing to SE corner of a tract described as
Miscellaneous Tracts 10-11-9 PT W ½ NW ¼; thence, westerly along the southern property line
of said tract to the SW corner of said tract; thence northerly along the to the NW corner of a
lot described as; thence, westerly along the west property line of said lot to the NW corner of
said lot (assumed centerline of E. Capital Avenue); thence easterly along said centerline of E.
Capital Avenue to a point in line with the extended east property line of a lot described as
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Study Area
Figure 1: Study Area Map
Source: Google Earth and Marvin Planning Consultants 2018
Note: Lines and Aerial may not match.
Study Area Boundary
Property Lines
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Figure 2: Existing Land Use
Multi -family
Residential
Single -family
Residential
Drainageway
Vacant
Vacant
Source: Hall County GIS and Marvin Planning Consultants 2018
Note: Lines and Aerial may not match
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Blight and Substandard Study: Grand Island Habitat for Humanity and Hoppe
City of Grand Island, Nebraska • February 2018 Page 5
Lassonde Sub Lot1; thence, southerly along the east property line of said lot to the POB; plus
Lot 1 of Lincoln Heights Subdivision and the east 75 feet of Lots 4 and 5 of Norwood
Subdivision.
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific
parcel of land. The number and type of uses are constantly changing within a community and
produce a number of impacts either benefitting or detracting from the community. Existing
patterns of land use are often fixed in older communities and neighborhoods, while
development in newer areas is often reflective of current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as
well as data collection online using the Hall County Assessors website. This survey noted the use
of each parcel of land within the study area. These data from the survey are analyzed in the
following paragraphs.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2018
Type of Use Acres Percent of Developed land
within the Study
Area
Percent of Study Area
Residential 1.26 49.6% 4.4%
Single-family 0.83 32.7% 2.9%
Multi-family 0.43 16.9% 1.5%
Manufactured Housing 0 0.0% 0.0%
Commercial 0 0.0% 0.0%
Industrial 0 0.0% 0.0%
Quasi-Public/Public .78 30.7% 2.7%
Parks/Recreation 0 0.0% 0.0%
Transportation 0.50 19.7% 1.8%
Total Developed Land 2.54 100.0%
Vacant/Agriculture 25.88 91.1%
Total Area 28.42 100.0%
Source: Marvin Planning Consultants 2018
Table 1 includes the existing land uses for the entire study area. The table contains the total
acres determined per land use from the survey; next is the percentage of those areas compared
to the total developed land; and finally, the third set of data compare the all land uses to the
total area within the Study Area. The Study Area is made up of single-family (4.4%) and land
considered vacant accounts for 91.1% of the total area.
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the study examines the conditions found in the study area. The Findings Section
will review the conditions based upon the statutory definitions.
CONTRIBUTING FACTORS
There were a number of conditions examined and evaluated in the field and online. There are a
number of conditions that will be reviewed in detail, on the following pages, while some of the
statutory conditions are not present.
Structural Conditions
Structural conditions were evaluated, structures were either rated as: Very Good, Good, Fair,
Average, badly worn or worn out. The data and rating system comes from the Hall County
Assessor’s database and is the same database used to value properties in the area.
Based upon the data provided to the planning team, the following is the breakdown for
structures in the study area:
• 0 ( 0.0%) structures rated as very good
• 1 (50.0%) structures rated as good
• 0 ( 0.0%) structure rated as fair
• 0 ( 0.0%) structures rated as average
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City of Grand Island, Nebraska • February 2018 Page 6
• 1 (50.0%) structure rated as badly worn or worn out
Based upon these data, an assumption has been made that average condition and less would
constitute less than desirable conditions due to age and conditions. It is common for older
structures to get more maintenance and upkeep in order to maintain a good or higher
condition. Even an average structure will show some signs of deteriorating which in turn can
become a dilapidated structure in the future if it is not addressed over time. Overall, 50.0% of the
structures in this study area are average condition or worse.
Due to the stated conditions found in the Hall County Assessor’s data, the condition of the
structure is a contributing factor.
Deterioration of Site or Other Improvements
Sidewalk Conditions
Sidewalks, regardless of the area and uses within a community, should provide a safe means of
movement for pedestrians. Sidewalks become increasingly more important along transportation
routes considered to be arterials and highways. A sidewalk allows for pedestrian movement
while keeping people off heavily traveled streets.
The sidewalk conditions were analyzed in the Study Area. The sidewalks were rated on four
categories; adequate, deteriorating, dilapidating, and missing completely.
Within the study area there is approximately 500 lineal feet of area where sidewalk could or
should be located. After reviewing the conditions in the field, the following is how the sidewalk
conditions breakdown within the study area:
• 0 (0.0%) lineal feet of adequate sidewalk
• 0 (0.0%) lineal feet of deteriorating sidewalk
• 500 (100.0%) lineal feet of no sidewalk.
There are no sidewalks present within the study area accessible to pedestrian traffic. Considering
the uses along Capital Avenue there should be sidewalk in place. However, this is considered a
County Highway and was developed as a rural section road. At some point in the future,
sidewalk would be a nice improvement.
The lack of sidewalk is likely due to the fact that this part of Grand Island was once outside the
corporate limits and Capital in places is still functioning similar to a rural section roadway. This is
something that will need to be undertaken in the future.
Curb and Gutter
Curb and Gutters have a number of direct and indirect roles in neighborhoods. Their primary
functions is to be a barrier to collect and direct water to be drained away. On a secondary
level, they can help define where the streets start and stop, and they act as a physical barrier
between pedestrian and vehicular traffic.
Curb and gutter for the Study Area were examined similarly to sidewalks. The curb and gutter
were graded as either adequate, deteriorating, dilapidated, or missing.
Within the study area there is approximately 500 lineal feet of curb and gutter possible. After
reviewing the conditions in the field, the following is how the curb and gutter conditions
breakdown within the corporate limits:
• 0 ( 0.0%) lineal feet of adequate curb and gutter
• 0 ( 0.0%) lineal feet of deteriorating curb and gutter
• 500 (100.0%) lineal feet of no curb and gutter or rural section.
• There was no curb and gutter deemed to be dilapidated.
In total, 100% of the study area has no curb and gutter present.
The lack of curb and gutter is likely due to the fact that this part of Grand Island was once
outside the corporate limits and Capital in places is still functioning similar to a rural section
roadway. This is something that will need to be undertaken in the future. However, this is
Grand Island Regular Meeting - 5/2/2018 Page 29 / 129
Figure 3: Structural Condition Map
Source: Google Earth, Hall County Assessor and Marvin Planning Consultants 2018
Note: Lines and Aerial may not match.
Good Conditions
Badly Worn Out
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Figure 4: Structural Age Map
Source: Google Earth, Hall County Assessor and Marvin Planning Consultants 2018
Note: Lines and Aerial may not match.
Less than 40 years of age
40 years old or older
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Blight and Substandard Study: Grand Island Habitat for Humanity and Hoppe
City of Grand Island, Nebraska • February 2018 Page 9
considered a County Highway and was developed as a rural section road. At some point in the
future, when the area becomes more urbanized, curb and gutter may become a necessity.
Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter
conditions would be a direct contributing factor.
Insanitary and Unsafe Conditions
The property on the immediate western edge of
the study area has a considerable number of
dilapidated structures (old dog kennels) behind
the primary structure. The observations have been
made from Capital Avenue and the use of aerial
photography.
The condition of these structures a direct
contributing factor to the area being considered
blighted.
Dangerous conditions to life or property due to fire or other causes
The property on the immediate western edge of the study area has a considerable number of
dilapidated structures (old dog kennels) behind the primary structure. The observations have
been made from Capital Avenue and the use of aerial photography.
The condition of these structures a direct contributing factor to the area being considered
blighted.
Stable or decreasing population based on the last two decennial censuses
Over the past 20 years the population within the study area has been stable or decreasing. The
population within the Study Area has had limited population for the past two decennial
censuses. Therefore, it meets the criteria for a stable or decreasing population.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of structures 40 years of age or older to be a
contributing factor regardless of their condition. The following paragraphs document the
structural age of the structures within the Study Area. Note the age of structure was determined
from the Appraisal data within the Hall County Assessor’s website data.
TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD - 2017
Number of Structures Construction date Age Cumulative Age
1 1952 65 65
1 1980 37 37
0
Total Cummulative 2 102
Average Age 51.0 Source: Hall County Assessor’s and Marvin Planning Consultants 2017
Within the study area there are two primary structures. After researching the structural age on
the Hall County Assessor’s and Treasurer’s websites, the following breakdown was determined:
• 1 (50.0%) unit was determined to be 40 years of age or older
• 1 (50.0%) unit was determined to be less than 40 years of age
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Blight and Substandard Study: Grand Island Habitat for Humanity and Hoppe
City of Grand Island, Nebraska • February 2018 Page 10
However, when examining the age based upon a cumulative approach, as in Table 2, the
average age of the primary structures is equal to 51.0 years; thus, meeting the requirements of
the statutes.
The age of the structures would be a direct contributing factor.
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
• Substantial number of deteriorating structures
o Within the study are 50.0% of the primary structures were deemed to be in worn out
condition.
• Deterioration of site or other improvements
o Sidewalk is missing along Capital Avenue within the study area
o Curb and Gutter is missing along Capital Avenue within the study area
• Combination of factors which are impairing and/or arresting sound growth.
o The study area abuts a railroad spur
o The study area has a drainage ditch through its middle.
o The 11+ acres to the south has limited to no access to public rights-of-way
• Insanitary and Unsafe Conditions
o The western most property within the study area contains numerous accessory structures
on site that are in a worn-out state and are unsafe
• Dangerous conditions to life or property due to fire or other causes
o The western most property within the study area contains numerous accessory structures
on site that present a dangerous condition relating to life or property due to fire or other
causes.
• Diversity of Ownership
o There are three different property owners in the study area including the City of Grand
Island.
o The diversity of ownership may be a barrier to future development.
• Faulty Lot Layout
o A portion of the study area has limited access to public rights-of-way.
o Three lots, along the eastern edge, abut a railroad spur.
• Defective/Inadequate Street layouts
o There is very limited access to the vacant land at the southern portion of the study area.
• Stable or decreasing population based on the last two decennial censuses
o The population of the Study Area has remained stable over the past two decennial
censuses.
Criteria under Part B of the Blight Definition
• The average age of the residential or commercial units in the area is at least forty years
o 1 (50.0%) buildings or improvements were determined to be 40 years of age or older
o 1 (50.0%) buildings or improvements were determined to be less than 40 years of age
o The average age based upon a cumulative age calculation is 51.0 years.
The other criteria for Blight were not present in the area, these included:
• Improper Subdivision or Obsolete Platting
• Tax or special assessment delinquency exceeding fair value of the land.
• Defective or unusual condition of title,
• Unemployment in the designated area is at least 120% of the state or national average.
• One-half of unimproved property is over 40 years old.
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City of Grand Island, Nebraska • February 2018 Page 11
• The per capita income of the area is lower than the average per capita income of the city
or village in which the area is designated.
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area
Substandard Conditions
Average age of residential or commercial units in the area is at least 40 years
Age of structures can be a contributing factor to the blighted and substandard conditions in an
area. Statutes allow for a predominance of units that are 40 years of age or older to be a
contributing factor regardless of their condition. Note the age of structure was determined from
the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of two primary structures. After researching the structural
age on the Hall County Assessor’s and Treasurer’s websites, the following breakdown was
determined:
• 1 (50.0%) units were determined to be more than 40 years of age
• 1 (50.0%) units were determined to be less than 40 years of age
• In addition, the cumulative approach gives this area an average age of 51.0 years.
There is a predominance of units 40 years of age or older.
Substandard Summary
Nebraska State Statute requires that “…an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to
the public health, safety, morals, or welfare;”
This Study Area in Grand Island meets the defintion of Substandard as defined in the Revised
Nebraska State Statutes.
FINDINGS FOR GRAND ISLAND BLIGHT STUDY AREA #26
Blight Study Area #26 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
• Substantial number of deteriorating structures
• Deterioration of site or other improvements
• Combination of factors which are impairing and/or arresting sound growth.
• Insanitary and Unsafe Conditions
• Dangerous conditions to life or property due to fire or other causes
• Diversity of Ownership
• Faulty Lot Layout
• Defective/Inadequate Street layouts
• Stable or decreasing population based on the last two decennial censuses
• The average age of the residential or commercial units in the area is at least forty years
Substandard Conditions
• Average age of the structures in the area is at least forty years
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Resolution Number 2018-08
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF A BLIGHT AND
SUBSTANDARD STUDY BY THE CITY OF GRAND ISLAND, NEBRASKA;
AND APPROVAL OF RELATED ACTIONS
WHEREAS, the Grand Island City Council at its April 10, 2018 meeting, referred the Blight
and Substandard Study commissioned by Fred Hoppe to the Hall County Regional Planning
Commission, (the “Commission”) for review and recommendation as to its conformity with the
general plan for the development of the City of Grand Island, Hall County, Nebraska, pursuant to
the Nebraska Community Development Law, Chapter 18, Article 21, Reissue Revised Statutes of
Nebraska, as amended (the “Act”); and
WHEREAS, the Commission has reviewed said Blight and Substandard Study and confirmed the
following findings:
This property as presented in the study meets the requirements to be declared
substandard,
This property as presented in the study meets the requirements to be declared
blighted,
The factors are necessary to declare the property blighted and substandard are
sufficiently distributed to impact development across the entire site,
This property despite its proximity to other developed parts of the city has not
experienced development in large part because of the lack of public infrastructure in
and around the site,
That development of this property to its full potential is in the best interest of the City
of Grand Island and the entire region,
That there are projects ready to develop at this site if they can meet the financial goals
of the developers,
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL
PLANNING COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Blight and Substandard Study.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of
this resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided
by law.
Grand Island Regular Meeting - 5/2/2018 Page 35 / 129
DATED: May 2, 2018.
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST:By: ___________________________________
Chair
By: ___________________________________
Secretary
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Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item F2
Redevelopment Plan Amendment Grand Island Area 12 Copper
Creek Phase 2
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 38 / 129
Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 6, 2017
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area 12 for
a Site Specific Redevelopment Plan for property located south of Old Potash Highway and
west of Engleman Road, Copper Creek Phase 2 in Grand Island, in Hall County, Nebraska
to support this development. (C-20-2018GI)
PROPOSAL:
The Guarantee Group LLC is proposing to build 80 additional 1300 to 1500 square foot home in
the next phase of the Copper Creek development. The property is zoned R-2 Low Density
Residential and the proposed lot sizes are appropriate for single family home development at a
density consistent with the R-2 zoning district.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard area is to provide
incentives for development in underdeveloped areas of the community. This proposed plan
encourages a mix of commercial and residential uses that has been identified as a priority
for development in the downtown area. 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 R-
2 Low Density Residential. The R-2 zone allows for a residential units at a density of 1 unit
per 6000 square feet of lot space and requires a minimum lot size of 6000 square feet.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan calls low to medium
density residential 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 a mixed use development at this
location appears to be supported by the plan.
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RECOMMENDATION:
That the Regional Planning Commission recommends 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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Redevelopment Plan Amendment
Grand Island CRA Area #12
April 2018
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to approve a Redevelopment Plan for Area #12 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure related project in Area #12.
Executive Summary:
Project Description
THE ORIGINAL PLAN FOR THIS DEVELOPMENT CALLED FOR THE
COSTRUCTION OF UP TO 620 UNITS OF SINGLE FAMILY HOUSING WITH UP
TO 239 WITH THE FIRST PHASE TO BE DEVELOPED AT MARKET DEMAND
ESTIMATED AT 15 TO 30 UNITS PER YEAR. THE FINAL COUNT OF THE FIRST
PHASE WILL BE 208 INSTEAD OF 239 AS THE LOT SIZES WERE INCREASED
SLIGHTLY. AS OF APRIL 1, 2018 PERMITS HAVE BEEN PULLED FOR 193
HOUSES IN THIS PROJECT, 15 MORE LOTS ARE AVAILABLE AS PART OF THE
FIRST PHASE. THE SECOND PHASE OF THIS DEVELOPMENT ANTICIPATES
THE USE OF TAX INCREMENT FINANCING FOR THE NEXT 80 UNITS OF
SINGLE FAMILY HOUSING. IT WAS ANTICIPATED AT THE BEGINNING OF
THIS PROJECT THAT THERE WOULD BE ADDITIONAL PHASES THAT WOULD
NEED APPROVAL. THE DEVELOPER HAS INDICATED THAT
THE CONSTRUCTION OF 80 UNITS OF SINGLE FAMILY HOMES. THE HOMES
TO BE CONSTRUCTED WILL HAVE AN INTIAL SALE PRICE $185,000 FOR THE
BASE LEVEL HOME IN 2018 THAT MEETS THESE MINIMUM
SPECIFICATIONS:
1300 SQUARE FEET FINISHED FIRST FLOOR, FULL UNFINISHED
BASEMENT, 2 CAR ATTACHED GARAGE, KITCHEN APPLIANCES,
CENTRAL HEATING AND AIR CONDITIONING, LANDSCAPING AND
SPRINKLED LAWN.
THE HOUSES WILL BE CONSTRUCTED WITHIN THE COPPER CREEK
SUBDIVISION LOCATED SOUTH OF OLD POTASH HIGHWAY AND EAST OF
ENGLEMAN ROAD. THE PROJECT WILL INCLUDE THE PUBLIC
IMPROVEMENTS NECESSARY TO SUPPORT THIS DEVELOPMENT
INCLUDING BUT NOT LIMITED TO INSTALLATION OF STREET,
STORMWATER FACILITIES, WATER AND SANITARY SEWER UITILITIES,
ENGINEERING, SURVENYING, LANDSCAPING AND OTHER IMPROVEMENTS
AS NECESSARY. THE CONSTRUCTION OF ADDITIONAL UNITS AND ANY AD
VALORUM REVENUE GENERATED BY THOSE ADDITIONAL UNITS SHALL BE
SUBJECT TO APPROVAL OF THE CITY AND SUBSEQUENT CONTRACTS
BETWEEN THE CRA AND THE DEVELOPER.
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The developer intends to use Tax Increment Financing to aid in site development
including necessary site work, installation of streets, storm sewer, sanitary sewer, water,
other utilities and engineering, surveying and other consultant costs associated with and
necessary for the redevelopment of this property. The developer intends to build single
family homes ranging from 1300 to 1500 square feet with an attached garage on each lot.
The 2018 sale price of these homes will be $185,000. The developer expects to build 80
units with five phases of development. The original approved preliminary plat for this
project anticipated 620 homes. Some changes have been made to the proposed
development. Phase 1 was reduced from 239 homes (plus the 5 house from the first
attempt at developing this property) to 213 homes by increasing the lot sizes. Phase two
anticipates 80 additional lots, the water tower site has reduced the number of lots in the
southwest corner. The current approved preliminary plat shows plat an additional 244
lots that could be developed. The total number of lots based on current plans in the
development is 537 lots for homes, 2 lots for utility purposes, 1 lot for detention and 1 for
on-site storage of campers and boats belonging to residents of the subdivision.
The developer intends to install the infrastructure for phase two of this project in five
intervals to create the 80 additional lots south of the existing streets. The second phase is
designed to serve the next 80 lots and set the property up for development of up to 244
additional lots in the future. The tax increment from the new home construction will be
used to make necessary site improvements and utility extensions to support this
development. This project would not be possible in an affordable manner without the use
of TIF.
The site is owned by Guarantee Group, LLC. All site work, demolition, streets and
utilities will be paid for by the developer. The developer is responsible for and will
provide evidence that they can secure adequate debt financing to cover the costs
associated with the acquisition, site work, engineering, surveying and utility and street
infrastructure. The Grand Island Community Redevelopment Authority (CRA) intends to
pledge the ad valorem taxes generated beginning January 1, 2019 towards the allowable
costs and associated financing for the acquisition, site work, streets and utility
infrastructure. The CRA also intends to continue pledging ad valorem taxes generated by
future phases of this development in future contracts for Tax Increment Financing during
the life of this project.
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 south of Old Potash Highway and east of Engleman Road in
northwest Grand Island. The attached map identifies the subject property and the
surrounding land uses:
Legal Descriptions
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A TRACT LOCATED IN PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP
11 NORTH, RANGE 23 WEST OF THE 6TH PM, IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT A POINT 1,059.29' FEET SOUTH OF THE NORTHWEST CORNER OF
SECTION 23 TOWNSHIP 11 NORTH, RANGE 10 WEST, HALL COUNTY, NEBRASKA
ALSO BEING THE SOUTHWEST CORNER OF COPPER CREEK ESTATES EIGHTH
SUBDIVS ION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID COPPER
CREEK ESTATES EIGHTH SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 17,
COPPER CREEK ESTATES EIGHTH SUBDIVISION; THENCE NORTH ALONG THE
EASTERLY LINE OF SAID LOT 17 TO THE NORTHEAST CORNER OF LOT 17,
COPPER CREEK ESTATES SUBDIVISION, ALSO BEING A POINT ON THE SOUTH
LINE OF INDIAN GRASS ROAD AND THE SOUTH WEST CORNER OF COPPER
CREEK ESTATES SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID
INDIAN GRASS ROAD TO THE NORTHWEST CORNER OF LOT 1, COPPER CREEK
ESTATES SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 1,
TO THE SOUTHWEST CORNER OF LOT 1 COPPER CREEK SUBDIVISION; THENCE
EAST ALONG THE SOUTH LINE OF LOTS 1-7 OF SAID COPPER CREEK ESTATES
SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 7 COPPER CREEK
SUBDIVISION; THENCE SOUTH PARALLEL AND 35' WESTERLY OF THE EAST LINE
OF THE NORHTWEST QUARTER OF SAID SECTION 23 TOWNSHIP 11 NORTH
RANGE 10 WEST TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST
QUARTER AND 35' FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID
NORTHWEST QUARTER; THENCE WESTERLY TO THE SOUTHEAST CORNER OF
LOT 2, COPPER CREEK ESTATES NINTH SUBDIVISION; THENCE WESTERLY
ALONG THE SOUTH LINE OF LOTS 1 & 2, COPPER CREEK ESTATES NINTH
SUBIDIVISION AND THE SOUTH LINE OF SAID NORTHWEST QUARTER TO
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 23; THENCE
NORTHERLY ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER TO
THE PLACE OF BEGINNING. LESS AND EXCEPT ALL OF COPPER CREEK NINTH
SUBDIVISION.
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The tax increment will be captured for the tax years the payments for which become
delinquent beginning in years 2020 and ending upon expiration of the final contract for
construction of affordable housing.
The increase will come from the development single family homes on this property.
Increases are anticipated from the next 80 houses to be building. The anticipated taxable
valuation of this project at completion of the phase two 80 homes is $18,400,000. The
actual final valuation will be subject to appreciation and inflationary forces over the
course of the development timeframe.
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 January 1, 2019 and
the effective date of each subsequent contract and or contract amendment associated with
this redevelopment plan.
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 May 14, 2013. [§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 install the required public infrastructure needed to develop the property
in a manner consistent with the comprehensive plan and previously approved
development plans.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
This amended Redevelopment Plan for Area #12 does not provide for real property
acquisition. There is no proposed acquisition by the authority. The developer acquired
the property as an expense included in the first redevelopment plan after approval of the
first TIF contract.
b. Demolition and Removal of Structures:
The project to be implemented with this plan amendment does not call for the demolition
and removal 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 residential use consistent with R2 zoning district and the approved
preliminary and final plats for this site. [§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 R2 Low Density Residential. No zoning changes are anticipated with
this project. Additional streets will be constructed in a manner consistent with the
approved preliminary and final plats for the property. 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. The single family residential is permitted in
the current zoning district. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The R2 zoning district allows for the development of 1 dwelling unit per 6000 square
foot of lot area. The platted and proposed lots are more than 6000 square feet in size but
less than the 12,000 square feet that would be required for a 2 family dwelling. [§18-
2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
This site has full service to municipal utilities. No utilities would be impacted by the
development. Water and sewer will need to be extended throughout the site. Extension
of utilities is one of the planned uses for Tax Increment Financing.
Electric, gas, phone and cable utilities will be extended through the site as necessary to
serve the development through agreements between those providers and the developer.
No other utilities would be impacted by the development. [§18-2103(b) and §18-2111]
4. The Act requires a Redevelopment Plan provide for relocation of individuals and
families displaced as a result of plan implementation.
This property is in private ownership. This is vacant property that has been used for
agricultural purposes. No individuals or families will be relocated as a result of this
project. Additional housing will be created by the project. [§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]
Tom Gdowski a member of the CRA Board does not hold any interest in this property
but works for Equitable Bank in Grand Island and may be involved in the financing of
this project or houses sold within the project.
6. Section 18-2114 of the Act requires that the Authority consider:
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a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer owns the entire site. The developer is estimating the costs TIF eligible for
Phase 2 activities as shown below:
Cost for Tax Increment Financing Eligible Activities
Planning (Architecture and Engineering)245,000
Land Acquired with Phase 1
Legal/Developer/Audit Fees 275,000
City Fees 2,100
Subtotal 522,100
Grading and Infrastructure Phase 2
Sanitary Sewer 732,346.5
Water Main 794,191
Paving and Storm 2,119,710.2
Fill 586,500
Subtotal 4,232,748
Total Eligible Expenses 4,754,848
The estimated costs for the eligible activities of this project are $4,754,748. Site
improvements including: utility improvements and site grading and fill of $4,232,748
Architectural and Engineering planning services of $245,000 and are included as a TIF
eligible expense. Legal, Developer and Audit Fees including a reimbursement to the City
and the CRA of $277,100 are included as TIF eligible expense. The total of eligible
expenses for this project is $4,754,748.
No property will be transferred to redevelopers by the Authority. The developer
will provide and secure all necessary financing.
b. Statement of proposed method of financing the redevelopment project.
The developer will provide all necessary financing for the project. The Authority will
assist the project by granting an estimated sum of $4,754,848 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. TIF revenues shall be made available to
repay the original debt and associated interest after January 1, 2019 for a period that may
extend through 15 years from the date of the final contract for this project.
c. Statement of feasible method of relocating displaced families.
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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,
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
amendment, in and of itself will promote consistency with the Comprehensive Plan, in
that it will allow for development consistent with the future land use plan for the City of
Grand Island and the previously approved development of this site. The development of
single family residential on this property is consistent with the property development
along the north side of Old Potash Highway. This will have the intended result of
preventing recurring elements of unsafe buildings and blighting conditions such as
incomplete infrastructure.
8. Time Frame for Development
Development of this project is anticipated to begin in June 2018. Infrastructure for this
phase of the development, including the next 80 lots is expected to be complete with the
phasing of the development. The developer expects to complete between 15 and 30
affordable single family dwelling units each year until completion of the subdivision.
Expected completion of Phase two of the project will occur sometime between 2022 and
2030. Excess valuation should be available for this project beginning with the 2019 tax
year.
9. Justification of Project
The housing vacancy rate in Grand Island has been hovering between 2% and 3% since at
least 2000 Since the late 1980’s, every housing study done in Grand Island has indicated
a lack of housing and housing options in Grand Island. The market is providing for
houses in the $220,000 plus price range and almost 300 market rate apartments have been
built in the last 2 years and there are currently plans for upwards of 250 new additional
market rate apartments. Providers of elderly housing supported by Low Income Housing
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Tax Credits all have waiting lists and applications for new projects are submitted to NIFA
every year.
As of today (April 3, 2018), there 73 housing units (single family and condominium) on
the market based on the Multiple Listing Service, at all price ranges ($59,900 to
$499,000). Grand Island has almost 13,000 single family housing units, so less than
0.56% of the total units are currently available and on the market.
The projected price range of the houses to be built with this project puts them within the
reach of people earning a family income of $22 an hour and above. This price puts these
houses within reach of people working at JBS Swift, many of the retail stores in the
community, incoming teachers and many others that have trouble finding housing in
Grand Island. The cost to develop lots in Grand Island, even the smaller lots that are
proposed in this subdivision makes the development and sale of houses in this price range
prohibitive without some kind of public private partnership.
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:
Project Sources and Uses. Public funds from tax increment financing in the amount of
$4,754,848 provided by the Grand Island Community Redevelopment Authority will be
required to complete the project. This investment by the Authority will leverage
$14,852,962 in private sector financing and equity investment; a private investment of
$3.12 for every TIF dollar invested.
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition Acquired with Phase I
Site Improvements/Utilities $4,232,747.7 $4,232,747.7
New Construction Costs $13,360,000 $13,360,000
Legal and Plan $275,000 $275,000
Engineering/Arch $245,000 $245,000
City Fees/Reimbursements $2,100 $2,100
Financing Fees $1,492,962 $1,492,962
TOTALS $4,754,848 $14,852,962 $19,607810
Tax Revenue. The property to be redeveloped has January 1, 2018, valuation of
approximately $504,382 for the 82 acres of undeveloped land. Based on the 2017 levy
this would result in a real property tax of approximately $11,360. It is anticipated that the
assessed value will increase by $18,400,000 upon full completion, as a result of the site
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redevelopment. This development will result in an estimated tax increase of over
$414,450 annually. The tax increment gained from this Redevelopment Project Area
would not be available for use as city general tax revenues, for a period of 15 years, or
such shorter time as may be required to amortize the TIF bond, but would be used for
eligible private redevelopment costs to enable this project to be realized.
Estimated 2018 assessed value:$ 504,382
Estimated taxable value after completion $ 18,904,382
Increment value $ 18,400,000
Annual TIF generated (estimated)$ 6,217,000
TIF bond issue $ $4,754,848
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The proposed development of these houses will result in an estimated additional
$18,400,000 of taxable valuation based on an initial 2018 sale price of homes at
$185,000 including the value of the lot to bring total valuation to $230,000 per unit. No
tax shifts are anticipated from the project. The project creates additional valuation that
will support taxing entities for life of those homes after the completion of the TIF
contracts.
(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 need to be extended through the site but have sufficient capacity to
support the development. The electric utility has sufficient capacity to support the
development. This development will have an impact on the Grand Island School
system as it will likely result in increased attendance at all grade levels. The average
number of persons per household in Grand Island for 2012 to 2016 according the
American Community Survey is 2.65. Eighty additional household would house 212
people. According to the 2010 census 19.2% of the population of Grand Island was
between the ages of 5 and 18. If the averages hold it would be expected that there would
be an additional 41 school age children generated by this development. According to the
National Center for Educational Statistics1 the 2015-16 enrollment for GIPS was 9,698
students and the cost per student in 2013-14 was $12,343 of that $5,546 is generated
locally. The Grand Island Public School system has indicated that they will not oppose
the development of this phase of the project and can accommodate the increase in
enrollment. It is likely that they would not be able to absorb additional development
without adding to school facilities. 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;
1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016
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The proposed development will provide jobs for persons employed by the contractors
that will be involved with the project. In 2015 the National Association of Home
Builders estimated the impacts of each single family home built in a community at 3.94
FTE’s 2.37 of which are direct impact employees. (NAHB Housing Policy Department,
2015). Using that number and an estimated construction schedule of 15 units per year,
the direct impact of this project is the equivalent of a manufacturing facility employee
base of 35.55 FTE’s. This project will also supply housing at a price point that is
affordable to those at or below the median income in Grand Island. The median income
in Grand Island for 2016 according to the U.S. Census is $49,118.
(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
This should not have any measurable negative impacts on other employers or
employees in the city.
(e) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
This will provide housing for residents of Grand Island in a much needed price range
that is not being provided by the housing market. The 2014 housing study identified a
need for over 1,700 new housing units including over 1000 owner occupied units. In
2015, 2016 and 2017 a total of 348 permits were issued for new single family homes in
Grand Island. Without the use of TIF this project will not move forward. The cost for the
required infrastructure for these 80 lots is estimated at $4,232,748 or $52,900 per lot.
Portions of this development will potentially serve additional development in the future
but all of the infrastructure is necessary to serve these 80 lots. The estimated cost of
construction of these houses is $167,000 (approximately $130 per square foot) it is not
possible to sell these houses for $185,000 without a public private partnership. This
project is not economically feasible without the use of TIF and can positively impact
persons at or below the median income level within the City of Grand Island.
Time Frame for Development
Development of this project is anticipated to begin in June 2018. Infrastructure for this
phase of the development, including completing streets and utilities for these 80 lots is
expected to be complete by January 1, 2024. The base tax year should be calculated
beginning in 2018 and each subsequent contract should be set in the year during which it
is anticipated construction on the houses will begin. The developer expects to complete
between 15 and 30 affordable single family dwelling units each year until completion of
the subdivision. Expected completion of this project will occur sometime between 2022
and 2025. Excess valuation should be available for this project beginning with the 2019
tax year. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA
per each contract between the CRA. Contract periods shall not exceed 15 years. The
amount of TIF excess distributed shall not exceed the actual cost of the TIF eligible
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expenses incurred for this project including streets, storm sewer, sanitary sewer, water,
other necessary utilities, engineering, architecture and surveying, legal fees and interest
associated with the TIF bonds.
Proposed Development Attached Subject to Final Platting and Approval
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Resolution Number 2018-09
HALL COUNTY REGIONAL PLANNING COMMISSION
A RESOLUTION RECOMMENDING APPROVAL OF A SITE SPECIFIC
REDEVELOPMENT PLAN OF THE CITY OF GRAND ISLAND, NEBRASKA;
AND APPROVAL OF RELATED ACTIONS
WHEREAS, the Chairman and Board of the Community Redevelopment Authority of the City of
Grand Island, Nebraska (the “Authority”), referred the Redevelopment Plan for Copper Creek Phase
2 for Guarantee Groupp LLC to the Hall County Regional Planning Commission, (the “Commission”)
for review and recommendation as to its conformity with the general plan for the development of
the City of Grand Island, Hall County, Nebraska, pursuant to Section 18-2112 of the Community
Development Law, Chapter 18, Article 21, Reissue Revised Statutes of Nebraska, as amended (the
“Act”); and
WHEREAS, the Commission has reviewed said Redevelopment Plan as to its conformity with
the general plan for the development of the City of Grand Island, Hall County;
NOW, THEREFORE, BE IT RESOLVED BY THE HALL COUNTY REGIONAL
PLANNING COMMISSION AS FOLLOWS:
Section 1. The Commission hereby recommends approval of the Redevelopment Plan.
Section 2. All prior resolutions of the Commission in conflict with the terms and provisions of
this resolution are hereby expressly repealed to the extent of such conflicts.
Section 3. This resolution shall be in full force and effect from and after its passage as provided
by law.
DATED: May 2, 2018.
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST:By: ___________________________________
Chair
By: ___________________________________
Secretary
Grand Island Regular Meeting - 5/2/2018 Page 57 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J1
Subdivision- Final Plat New Northwest Subdivision Hall County
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 58 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – New Northwest Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of New Northwest Subdivision, located in Hall
County, Nebraska.
This final plat proposes to create 1 lot, in a tract of land being part of the Southeast
Quarter of the Southeast Quarter (SE1/4, SE1/4) of Section Fourteen (14),
Township Twelve (12) North, Range Ten (10) West of the 6th P.M., in, Hall County,
Nebraska, containing .81 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 59 / 129
ONE-R RD W
NORTH RD NNew Northwest Subdivision
0 260 520130 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 60 / 129
ONE-R RD W NORTH RD NNew Northwest Subdivision
0 260 520130 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 61 / 129
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Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J2
Subdivision – Final Plat JTL Subdivision Hall County
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 63 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – JTL Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of JTL Subdivision, located in Hall County, Nebraska.
This final plat proposes to create 1 lot, in a tract of land comprising a part of the
West Half of the Northwest Quarter of the Northeast Quarter (W1/2, NW1/4,NE1/4)
of Section Thirteen (13),Township Nine (9) North, Range Eleven (11) West of the 6th
P.M., in, Hall County, Nebraska, containing 2.979 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 64 / 129
ALDA RD SPLATTE RIVER DR
0 440 880220 Feet ¬
PROPOSED AREALOCATION MAP
JTLSubdivision
Grand Island Regular Meeting - 5/2/2018 Page 65 / 129
PLATTE RIVER DR
0 380 760190 Feet ¬
PROPOSED AREALOCATION MAP
JTLSubdivision
Grand Island Regular Meeting - 5/2/2018 Page 66 / 129
Grand Island Regular Meeting - 5/2/2018 Page 67 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J3
Subdivision – Final Plat Bosselville Subdivision Grand Island ETJ
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 68 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – Bosselville 4th Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Bosselville 4th Subdivision, located in Hall County,
Nebraska.
This final plat proposes to re-plat all of 1 lot, Bosselville 3rd Subdivision in, Hall
County, Nebraska, containing 25.591 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 69 / 129
WOODRIVERR D W
US 281 HWY SBOSSELMAN AVEBosselville FourthSubdivision
0 500 1,000250 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 70 / 129
WOODRIVERR D W
US 281 HWY SBOSSELMAN AVEBosselville FourthSubdivision
0 500 1,000250 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 71 / 129
Grand Island Regular Meeting - 5/2/2018 Page 72 / 129
Grand Island Regular Meeting - 5/2/2018 Page 73 / 129
Grand Island Regular Meeting - 5/2/2018 Page 74 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J4
Subdivision – Final Plat Copper Creek 10th Estates Subdivision
Grand Island
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 75 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – Copper Creek 10th Estates Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Copper Creek 10th Estates Subdivision, located in
Hall County, Nebraska.
This final plat proposes to create 1 lot, in a tract of land being part of the Northeast
Quarter of the Northwest Quarter (NE1/4, NW1/4) and apart of the of Northwest
Quarter of the Northwest Quarter (NW1/4, NW1/4) Section Twenty-three (23),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in, Hall County,
Nebraska, containing 2.08 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 76 / 129
INDIAN GRASS RD WINDIAN GRASSCIR SYARROW CIRBUFFALO GRASS STYARROW DR
SUNFLOWERCIRSWITCHGRASS STASTER DR
LOVEGRASS DR
BROME GRASS DRCopper Creek EstatesTenth Subdivision
0 200 400100 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 77 / 129
INDIAN GRASS RD WINDIAN GRASSCIR SYARROW CIRBUFFALO GRASS STYARROW DR
SUNFLOWERCIRSWITCHGRASS STASTER DR
LOVEGRASS DR
BROME GRASS DRCopper Creek EstatesTenth Subdivision
0 200 400100 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 78 / 129
Grand Island Regular Meeting - 5/2/2018 Page 79 / 129
Grand Island Regular Meeting - 5/2/2018 Page 80 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J5
Subdivision – Preliminary Plat Fonner View Estates Subdivision
Grand Island
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 81 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – Fonner View Estates Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Fonner View Estates Subdivision, located in Hall
County, Nebraska.
This final plat proposes to create 6 lots, in a tract of land being part of the East Half
of the Southeast Quarter (E1/2, SE1/4) of Section Twenty-Seven (27),all in
Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in, in the
jurisdiction of Grand Island, Hall County, Nebraska, containing 34.848 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 82 / 129
STUHR RD SSTOLLEY PARK RD E
Fonner View Estates Subdivision
0 500 1,000250 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 83 / 129
STUHR RD SSTOLLEY PARK RD E
Fonner View Estates Subdivision
0 500 1,000250 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 84 / 129
Grand Island Regular Meeting - 5/2/2018 Page 85 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J6
Subdivision – Final Plat Critel Subdivision Wood River
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 86 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – Critel Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Critel Subdivision, located in Hall County,
Nebraska.
This final plat proposes to create 2 lots, in a tract of land being part of the Southeast
Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Nineteen (19),
Township Ten (10) North, Range Eleven (11) West of the 6th P.M., in, Wood River,
Hall County, Nebraska, containing 1.378 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 87 / 129
U S 3 0 H W Y W
THIRTEENTHSTE
TWELFTH ST EPINE STSIXTH ST E
NINTH ST E
R A IL R O A D S T E
ELM ST SELEVENTH ST E 130TH RD SCritel Subdivision
0 410 820205 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 88 / 129
U S 3 0 H W Y W
THIRTEENTHSTE
TWELFTH ST EPINE STSIXTH ST E
NINTH ST E
R A IL R O A D S T E
ELM ST SELEVENTH ST E 130TH RD SCritel Subdivision
0 410 820205 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 89 / 129
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Grand Island Regular Meeting - 5/2/2018 Page 91 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J7
Subdivision – Final Plat Fugate Subdivision Grand Island
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 92 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat – Fugate Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Fugate Subdivision, located in Hall County,
Nebraska.
This final plat proposes to create 2 lots, in a tract of land comprising of Lot Three (3)
of Menard Subdivision in the city of Grand Island, Hall County, Nebraska, containing
1.44 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 93 / 129
STATE ST WDIERS AVE NUS 281 HWY NCONESTOGA DRFugateSubdivision
0 200 400100 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 94 / 129
STATE ST WDIERS AVE NUS 281 HWY NCONESTOGA DRFugateSubdivision
0 200 400100 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 95 / 129
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Grand Island Regular Meeting - 5/2/2018 Page 97 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item J8
Subdivision – Final Plat Stander Subdivision Grand Island ETJ
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 98 / 129
April 19th, 2018
Dear Members of the Board:
RE: Final Plat –Stander Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Stander Subdivision, located in Hall County,
Nebraska.
This final plat proposes to create 3 lots, in a tract of land being part of the North Half
of the Northeast Quarter (N1/2, NE1/4) of Section Fourteen (14), Township Ten (10)
North, Range Eleven (11) West of the 6th P.M., in, jurisdiction of Grand Island, Hall
County, Nebraska, containing 20.063 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 May 2nd, 2018, 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 Utilities
City Building Director
County Assessor/Register of Deeds
Manager of Postal Operations
Stevens Land Surveying
Brian McMahon
This letter was sent to the following School Districts 2, 19, 82, 83, 100, 126.
Grand Island Regular Meeting - 5/2/2018 Page 99 / 129
ALLEN AVE
NORTH RD NMEADOW RDSWEETWOOD DRCAROL STDRIFTWOOD CTWARBLERRD
SUMMERFIELDAVEWA
R
BLERCIR
CRAIG DR
13TH ST W
PATCHWORK PL
MORRISON DRDRIFTWOOD DR
M
ANSFIELD
R
D
NORWOOD DRREDWOOD RDStanderSubdivision
0 410 820205 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 100 / 129
ALLEN AVE
NORTH RD NMEADOW RDSWEETWOOD DRCAROL STDRIFTWOOD CTWARBLERRD
SUMMERFIELDAVEWA
R
BLERCIR
CRAIG DR
13TH ST W
PATCHWORK PL
MORRISON DRDRIFTWOOD DR
M
ANSFIELD
R
D
NORWOOD DRREDWOOD RDStanderSubdivision
0 410 820205 Feet ¬
PROPOSED AREALOCATION MAP
Grand Island Regular Meeting - 5/2/2018 Page 101 / 129
Grand Island Regular Meeting - 5/2/2018 Page 102 / 129
Hall County Regional Planning
Commission
Wednesday, May 2, 2018
Regular Meeting
Item 1
14. Discussion- Text Amendment of Hall County Zoning
Resolution. Livestock Regulations
Staff Contact:
Grand Island Regular Meeting - 5/2/2018 Page 103 / 129
Agenda Item # 14
PLANNING DIRECTOR MEMO TO REGIONAL PLANNING
April 18, 2018
SUBJECT: Proposed changes regarding livestock operations in Hall County.
In January of 2017 the Hall County Regional Planning Commission appointed a committee to review livestock
zoning regulations within Hall County. The committee was composed of five planning commissioners - all four of
those appointed by Hall County, Pat O’Neill, Len Rainforth, Judd Allan, and Greg Robb, and Les Ruge of Alda,
who was appointed in 1990 and is the longest-serving planning commissioner. The Planning Commission
requested that the Hall County Board assign one or two members of the board to the committee as well and
Steve Schuppan and Karen Bredthauer were appointed. The committee began meeting in the latter part of
January and has met several times since then to review the A-1 zoning regulations, livestock definitions, livestock
operation siting matrix as developed for the Nebraska Department of Agriculture (NDA) and the Livestock Friendly
County designation through the Nebraska Department of Agriculture.
The committee began with a review of the current Hall County agriculture regulations and a comparison of those
regulations with regulations from the surrounding counties. It was concluded that Hall County’s regulations,
allowing 1,000 animal units as a permitted use on a farming operation were less strict than Adams, Buffalo and
Howard Counties. Hamilton County regulations do not provide any guidance regarding the size of operation and
Merrick County regulations would permit 2,500 animal units without a conditional use permit. Hamilton, Merrick,
Howard and Adams counties have all been designated as Livestock Friendly by the Nebraska Department of
Agriculture.
The ag zoning regulation changes as proposed add a localized version of the Livestock Siting Matrix into the
decision-making process. They do not propose to change size categories within the livestock operation mix
although earlier versions did contemplate adding a size between 1001 and 5000. They do address newer
confinement technologies, such as hoop buildings. The committee did review the Nebraska Department of
Agriculture definitions of types of feeding operations based on the manure management and the setbacks
proposed by the NDA. The committee is recommending that Hall County continue to divide Livestock Feeding
Operations (LFOs) by open lots and environmentally-controlled housing. It is recommended that the separation
distances between LFOs and other uses remain as they are in the current regulations. The required separation for
environmentally-controlled housing would remain the same for all classes.
The Livestock Siting Matrix is a major change to the regulations. As proposed, the LFO Class II and above (1,001
animal units or more) would need to score at least 75 points to be considered as a permitted use. The first 25
point would come from approval and compliance with Nebraska Department of Environmental Quality (NDEQ)
permits and regulations that apply to all LFOs with more than 1,000 animal units. The second 25 points would
come from meeting the county separation distances or having impact easements that waive the separation
distance. Those 50 points would be required. The other 25 points would be based on management practices
including, but not limited to, environmental compliance, water quality protection, odor and dust control, manure
application practices, traffic, economic impact and aesthetics.
Another significant change that has been suggested is that the county would recognize impact easements that
could be agreed upon by all property owners that would allow feeding operations to locate closer to a neighboring
use than the regulations would allow or allow a house to locate closer to a feeding operation than would otherwise
be allowed. The Nebraska courts have validated these mutually agreed upon impact easements for livestock
operations.
The Planning department did receive a number of comments on the proposed regulations after the meeting in
April of 2017 many of the comments referenced both the Livestock Friendly County Designation and the proposed
Grand Island Regular Meeting - 5/2/2018 Page 104 / 129
changes. Copies of those comments were included in the March 14 Regional Planning Commission packet and
are available online or from the office.
In May of 2017, the Hall County Board authorized the Planning Department to make an application to the State of
Nebraska Department of Agriculture for Hall County to be designated as Livestock Friendly. The Livestock
Friendly County Designation was officially awarded to the Hall County during the Governor’s Breakfast the first
Sunday of the 2017 Nebraska State Fair.
At the March 2018 Regional Planning Commission meeting a hearing was held on the proposed changes. The
commission chose to take no action on the proposed changes and referred them back to the committee for further
discussion. The commission specifically directed the committee to consider expanding the number of
classifications to allow a classification between the type I and type II operations as had been previously
considered and to eliminate the need for conditional use permit for at least some of the operations with more than
1000 animal units. The commission also wanted to clarify the ability of people living in the primary agricultural
zone to house animals for 4-H projects and similar activities.
The committee decided to recommend no changes to the minimum size for the type I operation. Their suggestion
is that operations with between 301 and 1000 animal units continue to be classified as a type I LFO. The
previous version would have classified any operation with less than 1001 animal units as a type I LFO. This
should also help address 4-H projects and other activities.
At the meeting on April 4, 2018, the planning commission discussed the proposed changes. Some areas were
identified that needed slight rewording. Andy Baack spoke and identified some areas that appear to create
conflicts, changes have been made to address those conflicts.
At the May 2, 2018 meeting the Planning Commission will again review and discuss the proposed changes. The
committee agreed that this should be brought back to the Commission for discussion purposes. Prior to making a
final recommendation to the Hall County Board regarding any proposed changes the planning commission will
advertise and hold a public hearing to gather additional public comments. A recommendation will not occur
before the June 6, 2018 regular meeting of the Hall County Regional Planning Commission.
____________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 5/2/2018 Page 105 / 129
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
1
HALL COUNTY, NEBRASKA
ZONING RESOLUTION
A resolution, consistent with the Comprehensive Development Plan, Adopted for the purpose of promoting health,
safety, morals, convenience, order, prosperity, and welfare of the present and future inhabitants of Hall County,
Nebraska, to regulate and restrict the location, height, bulk, number of stories, size of buildings and other
structures, including tents, cabins, house trailers, and automobile trailers; the percentage of lot areas which may be
occupied, building setback lines; size of yards, courts, and other open spaces; the density of population; the uses of
buildings; and the uses of the land for agriculture, forestry, recreation, residence, industry, and trade, after
considering factors relating to soil conservation, water supply conservation, surface water drainage and removal, or
other uses; to divide the County into districts of such number, shape, and area as may be best suited to carry out the
purposes of this resolution to regulate, restrict, or prohibit the erection, construction, reconstruction, alteration or
use of non-farm buildings or structures, and the use, conditions of use or occupancy of land in the unincorporated
areas of the County; to provide for the adoption of a zoning map; to provide for a board of adjustment, its members,
powers, and duties; to provide for off-street parking and loading area requirements; to provide for conditional uses
by conditional use permit; to provide for the proper subdivision and development of land, as provided in the
Subdivision Regulations; to provide for non-conforming uses, to provide for the administration and the
enforcement of these provisions, and for the violations of its provisions and the prescribed penalties, and including
among others such specific purposes as:
(1) Developing both urban and non-urban areas;
(2) Lessening congestion in the streets or roads;
(3) Reducing the waste of excessive amounts of roads;
(4) Securing safety from fire and other dangers;
(5) Lessening or avoiding the hazards to persons and damage to property resulting from the
accumulation or run-off of storm or flood waters;
(6) Providing adequate light and air;
(7) Preventing excessive concentration of population and excessive and wasteful scattering of
population or settlement;
(8) Promoting such distribution of population, such classification of land uses, and such distribution
of land development as will assure adequate provisions for transportation, water flowage, water
supply, drainage, sanitation, recreation, soil fertility, food supply, and other public requirements;
(9) Protecting the tax base;
(10) Protecting property against blight and depreciation;
(11) Securing economy in governmental expenditures;
(12) Fostering the County's agriculture, recreation, and other industries;
(13) Encouraging the most appropriate use of land in the County; and
(14) Preserving, protecting, and enhancing historic buildings, places, and districts, all in accordance
with the comprehensive plan.
WHEREAS Nebraska Revised Reissued Statutes, 1943, Sections 23-114 through 23-114.05 and 23-164 through
23-174.06 as amended, empowers the County to adopt a zoning and subdivision resolution and to provide for its
administration, enforcement, and amendment; and
WHEREAS, the Hall County Board of Supervisors deem it in the interest of the public health, safety, morals,
convenience, order, prosperity, and welfare of said County and its present and future residents; and
WHEREAS, the Hall County Board of Supervisors has adopted a Comprehensive Development Plan pursuant to
Neb. R. R. S. 1943, Sections 23-114 through 23-114.03, as amended, and known as Hall County Comprehensive
Development Plan, 2003, as amended; and
WHEREAS, the Hall County Planning Commission has recommended the division of the unincorporated areas of
the County into districts and recommended regulations pertaining to such districts consistent with the adopted
Comprehensive Development Plan based on a future land use plan designed to lessen congestion on roads and
highways, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the
Grand Island Regular Meeting - 5/2/2018 Page 106 / 129
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
2
overcrowding of land, to avoid undue concentration of population, to conserve agricultural land and values, to
facilitate sewerage, schools, parks, and other public needs; and
WHEREAS, the County Planning Commission has given reasonable consideration, among other things, to the
prevailing agricultural and rural characteristics now predominant in the County, to the character of the districts and
their peculiar suitability for the particular permitted uses, with a reasonable understanding of the objective to
conserve the value of lands and improvements while encouraging the development of the most appropriate uses of
land throughout the County; and
WHEREAS, the County Planning Commission has made a preliminary report, held public hearings, submitted its
recommended final report to the County Board of Supervisors; and the County Board of Supervisors have given
due public notice of hearings relating to the Comprehensive Development Plan, to the zoning districts, regulations,
subdivision regulations, and restrictions, and has held such public hearing; and
WHEREAS, The County Board of Supervisors have deemed it necessary to adopt the Comprehensive Development
Plan, the zoning districts, regulations, subdivision regulations, and restrictions for the purpose of the conservation
of the existing rural agricultural developments and land uses, of providing for the harmonious development and
orderly expansion of urban areas radiating outwardly from existing rural communities, for the orderly extension and
planned arrangements of county roads, utilities, for adequate sanitary facilities, for safe and health drinking water,
and for reducing flood damage potentials; and
WHEREAS, the requirements of Neb. R.R.S. 1943, Section s 23-114 through 23-124.05, Sections 23-164 through
23-174, and Section 23-174.02, as amended, with regard to the recommendations of the Planning Commission, the
Comprehensive Development Plan, the zoning districts, regulations, subdivision regulations and restrictions and the
subsequent action of the County Board of Supervisors have been met;
NOW THEREFORE BE IT RESOLVED BY THE COUNTY BOARD OF SUPERVISORS OF HALL COUNTY,
NEBRASKA.
Grand Island Regular Meeting - 5/2/2018 Page 107 / 129
ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
3
Definitions
2.03.09 ACREAGE shall mean any tract or parcel of land that does not qualify as a farm or development.
2.03.23 AGRICULTURAL AND FARM BUILDINGS AND STRUCTURES shall mean any building or
structure which is necessary or incidental to the normal conduct of a farm including but not limited to
residence of the operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry
and farm machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and
water storage tanks.
2.03.24 AGRICULTURAL OPERATIONS (see “Farming”)
2.03.25 AGRICULTURE shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of,
livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any
other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel of land
of less than twenty acres or any non-agricultural commercial or industrial development.
2.03.79 BUFFER ZONE shall mean an area of land that separates two zoning districts and/or land uses that acts
to soften or mitigate the effects of one use on the other.
2.03.92 CEMETERY shall mean land used or intended to be used for the burial of the dead and dedicated for
such purposes, including columbariums, crematoriums, and mausoleums.
2.03.104 COMMERCIAL FEEDING OPERATION (See Livestock Feeding Operation)
2.03.112 COMPATIBLE USES shall mean a land use that is congruous with, tolerant of, and has no adverse
effects on existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic
generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution,
glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical
interference, and radiation.
2.03.114 CONDITIONAL USE shall mean a use allowed by the district regulations that would not be appropriate
generally throughout the entire zoning district without special restrictions. However, said use if controlled
as to number, size, area, location, relation to the neighborhood or other minimal protective characteristics
would not be detrimental to the public health, safety, and general welfare.
2.03.115 CONDITIONAL USE PERMIT shall mean a permit issued by the Planning Commission and County
Board that authorizes the recipient to make conditional use of property in accordance with the provisions
of Article 5 and any additional conditions placed upon, or required by said permit.
2.03.117 CONFINED ANIMAL FEEDING OPERATION, LARGE shall mean an farming operation which meets
the following minimum numbers:
700 mature dairy cows 125,000 chickens except laying hens (other than
liquid manure handling system)
1,000 beef cattle or heifers 82,000 laying hens (other than liquid manure
handling system)
2,500 swine (each 55lbs or more) 1,000 veal calves
10,000 swine (each under 55 lbs.) 500 horses
30,000 ducks (other than liquid manure handling
system)
10,000 sheep
5,000 ducks (liquid manure systems) 55,000 turkeys
30,000 chickens (liquid manure systems)
Any combination of animals shall follow the definition of Animal Units in order to establish the intensity of
Confined Animal Feeding Operation
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2.03.122 CONFINED ANIMAL FEEDING OPERATION, MEDIUM shall mean an farming operation which
meets the following minimum numbers:
200 mature dairy cows 37,500 chickens except laying hens (other than
liquid manure handling system)
300 beef cattle or heifers 25,000 laying hens (other than liquid manure
handling system)
750 swine (each 55lbs or more) 300 veal calves
3,000 swine (each under 55 lbs.) 150 horses
10,000 ducks (other than liquid manure handling
system)
3,000 sheep or lambs
1,500 ducks (liquid manure systems) 16,500 turkeys
9,000 chickens (liquid manure systems)
Any combination of animals shall follow the definition of Animal Units in order to establish the intensity of
Confined Animal Feeding Operation
2.03.123 CONFINEMENT shall mean totally roofed buildings, which may be open-sided (for ventilation purposes
only) or completely enclosed on the sides, wherein animals or poultry are housed over solid concrete or
dirt floors, or slatted (partially open) floors over pits or manure collection areas in pens, stalls, cages, or
alleys, with or without bedding materials and mechanical ventilation. The word "confinement" shall not
mean the temporary confined feeding of livestock during seasonal adverse weather.
2.03.124 CONFLICTING LAND USE shall mean the use of property that transfers over neighboring property
lines, negative economic or environmental effects. Including, but not limited to, noise, vibration, odor,
dust, glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched
layout of adjacent uses, loss of privacy, and unsightly views.
2.03.135 DAIRY FARM shall mean any place or premises upon which milk is produced for sale or other
distribution.
2.03.170 ENVIRONMENTALLY CONTROLLED HOUSING shall mean any livestock operation meeting the
definition of a Livestock Feeding Operation (LFO) and is contained within a building which is roofed, and
may or may not have open sides and contains floors which are hard surfaced, earthen, slatted or other type
of floor. The facility is capable of maintaining and regulating the environment in which the livestock are
kept. Does not include Hoop Houses with dry bedding.
2.03.179 FARM shall mean an area containing at least 20 acres or more which is used for growing of the usual
farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the raising
thereon of the usual farm poultry and farm animals. The term farming includes the operating of such area
for one or more of the above uses with the necessary accessory uses for treating or storing the produce and
the feeding of livestock as hereinafter prescribed; provided such accessory uses do not include the feeding
of garbage or offal to swine or other animals.
2.03.180 FARMING shall mean the planting, cultivating, harvesting and storage of grains, hay or plants commonly
grown in Nebraska with the necessary accessory uses for treating or storing the produce and the feeding of
livestock as prescribed hereunder, provided such accessory uses do not include the feeding of garbage or
offal to swine or other animals.
2.03.181 FARMSTEAD, In contrast to a farmstead dwelling, a tract of land of not less than one (1) acre and not
more than 20 acres, upon which a farm dwelling and other outbuildings and barns existed at the time of the
adoption of this resolution and was used for single-family resident purposes.
2.03.182 FEED LOT shall mean the confinement of horses, sheep, pigs, and other food animals in buildings, lots,
pens, pools or ponds which normally are not used for raising crops or for grazing animals.
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HOOP HOUSE shall mean a temporary or permanent structure typically constructed with, but not limited to,
piping or other material covered with translucent material. Hoop houses are typically used for the purpose of
growing food, ornamental crops and livestock, but not for storage of inorganic materials. A hoop house for raising
livestock that uses a dry bedding systems shall be treated as an open feed lot. A hoop house for raising livestock with
a slatted floor, deep pit or other liquid manure management system shall be treated as environmentally controlled
housing."
IMPACT EASEMENT shall mean an easement or deed restriction recorded in the office of the County
Register of Deeds. Impact easements shall run with the land. Impact easements are an agreement between
property owners where the grantor shall hold the grantee harmless for odor, smoke, dust, or other legal
impacts associated with such use on the grantor’s property when such use is operated in accordance with
the terms of such easement or deed restriction. Eg. The owner of a home may grant an impact easement to
a Livestock Feeding Operation allowing the operation to expand or locate closer to the home than
permitted by the County regulations. Conversely, the owner of a Livestock Feeding Operation may grant
an impact easement to allow the construction of a house within the separation distance required between
the feeding operation and a new residential structure under different ownership than the feeding
operation.
2.03.233 LAGOON shall mean a wastewater treatment facility that is a shallow, artificial pond where sunlight,
bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes
both human and livestock wastes. All lagoons shall meet the minimum design criteria established by the
Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human
Services. All lagoons shall have the proper permits approved prior to starting construction.
2.03.239 LIQUID MANURE shall mean that type of livestock waste that is in liquid form, collected in liquid
manure pits or lagoons and which can be sprayed or injected beneath the surface.
2.03.240 LIQUID MANURE STORAGE PITS shall mean earthen or lined pits wholly or partially beneath a semi
or totally housed (ECH) livestock operation or at some removed location used to collect waste production.
2.03.241 LIVESTOCK (See Animals, Farm)
2.03.242 LIVESTOCK FEEDING OPERATION (LFO) shall mean any farming operation exceeding the per
acre Animal Unit (A.U.) ratio as defined under “farming” or the feeding, farrowing, or raising cattle,
swine, sheep, poultry, or other livestock, in a confined area where grazing is not possible, and where the
confined area is for more than six (6) months in any one calendar year, and where the number of animals
so maintained exceeds three 300 Animal Units as defined below. The confined area of the LFO shall
include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds, and related facilities.
Such facilities shall be constructed and operated in conformance with applicable county, state, and federal
regulations. Two (2) or more LFO's under common ownership are deemed to be a single LFO if they are
adjacent to each other; or if they utilize a common area of or system for the disposal of livestock wastes
and are located within the required setback distance based on class size as further defined within these
regulations regardless of ownership.
Animal Units (A.U.) are defined as follows:
One (1) A.U.= One (1) Cow/Calf combination;
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (1) A.U.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) A.U.= Two and One Half (2.5) Swine (55 lbs or more);
One (1) A.U.= Twenty Five (25) Weaned Pigs (less than 55 lbs);
One (1) A.U.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
One (1) A.U.= One Hundred (100) Chickens;
One (1) A.U.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
2.03.242a LIVESTOCK SITING MATRIX shall mean the matrix attached to this zoning resolution as
APPENDIX B as adopted by the Hall County Board of Supervisors for the purpose of determining if a new
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livestock operation in classes II, III, and IV should be allowed or if an existing operation should be allowed to
expand into classes II, III or IV.
2.03.243 LIVESTOCK WASTES shall mean animal and poultry excreta and associated feed losses, bedding,
spillage, or overflow from watering systems, wash and flushing waters, sprinkling waters from livestock
cooling, precipitation polluted by falling on or flowing onto a livestock operation, and other materials
polluted by livestock or their direct product.
2.03.282 NON-FARM BUILDINGS are all buildings except those buildings utilized for agricultural purposes on a
farmstead of twenty acres or more which produces one thousand dollars or more of farm products each
year.
NON-FARM RESIDENCE any residential dwelling not located on a farm.
2.03.289 OPEN LOTS shall mean pens or similar concentrated areas, including small shed-type areas or open-front
buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are substantially or
entirely exposed to the outside environment except for possible small portions affording some protection
by windbreaks or small shed-type areas.
2.03.309 POULTRY, COMMERCIAL FEEDING shall mean a poultry commercial feed lot, whether the
confined feeding operations are enclosed or outdoors.
2.03.438 WASTE HANDLING SYSTEM shall mean any and all systems, public or private, or combination of
said structures intended to treat human or livestock excrement and shall include the following types of
systems
1. Holding pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for temporary storage of liquid livestock wastes, generally
receiving runoff from open lots and contributing drainage area.
2. Lagoon shall mean an impoundment made by constructing an excavated pit, dam, embankment
or combination of these for treatment of liquid livestock waste by anaerobic, aerobic or
facultative digestion. Such impoundment predominantly receives waste from a confined livestock
operation.
3. Liquid manure storage pits shall mean earthen or lined pits located wholly or partially beneath
a semi or totally housed livestock operation or at some removed location used to collect waste
production.
4. Sediment shall mean a pond constructed for the sole purpose of collecting and containing
sediment.
2.03.439 WASTEWATER LAGOON (See Lagoon)
2.03.440 WATERS OF THE STATE shall mean all waters within the jurisdiction of this state, including all
streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and all other bodies or accumulations of water surface or
underground, material or artificial, public or private, situated wholly within or bordering upon the state.
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Article 3: General Regulations
Section 3.23 Building Setback
1. The building setback lines shall be determined by measuring the horizontal distance from the property
line to the furthest architectural projection of the existing or proposed structure.
2. All new non-farm residences shall locate no less than at the corresponding distances provided in
Section 4.02.08 from an Existing permitted LFO with more than 100 300 animal units. located in any
affected adjacent Zoning District
.
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Section 4.02: A-1 Agricultural – Primary District
4.02.01 Intent
The A-1 Agricultural District regulations are intended to provide for the preservation of lands best suited for
agricultural uses of all types including feed lots and the commercial feeding of livestock and accessory uses; to
prevent encroachment of uses of land that could be mutually incompatible and continue to provide for agricultural
uses as a major uses to the economy of the area for the use and conservation of agricultural land, to protect the
value of such land, and to protect it from indiscriminate residential and urban development and other incompatible
and conflicting land uses. The A-1 Agricultural District is also intended to conserve and protect the value of open
space, wooded areas, streams, mineral deposits and other natural resources and to protect them from incompatible
land uses and to provide for their timely utilization. The district intends to provide for the location and to govern
the establishment and operation of land uses that are compatible with agriculture and are of such nature that their
location away from residential, commercial and industrial areas is most desirable. In addition, to provide for the
location and to govern the establishment of residential uses which are accessory to and necessary for the conduct of
agriculture and to provide for the location and to govern the establishment and use of limited non-agricultural
residential uses. Such non-agricultural residential uses shall not be so located as to be detrimental to or conflict with
other uses that are named as permitted or conditional uses in this district and are appropriate to other property in the
area.
The nature of the A-1 Agricultural District and the uses allowed outright or by conditional use permit precludes the
provision of services, amenities and protection from other land uses which are afforded to residential uses by the
regulations of other districts, and it is not intended that the A-1 Agricultural District regulations afford such
services, amenities and protection to residential uses located therein.
4.02.012 Permitted Principal Uses
The following principal uses are permitted in the Agriculture A-1 District.
A Agricultural operations, and the usual agricultural and farm buildings and structures, including
the residences of the owners and their families and any tenants and employees who are engaged in
agricultural operations on the premises.
1. State Agencies shall govern all use of farm chemicals, including application of
pesticides and herbicides, and applicants using restricted-use pesticides shall be required to be
certified as required by law.
2. The spreading of manure by a “Farming” Operation. (as defined in Article 2 of this Resolution)
3. Agricultural operations having up to 1,000 A.U.’s are considered a farm and are permitted by
right, provided other requirements in this district are met and submission of a no-fee livestock
registration permit to the Hall County Regional Planning Director is done.
4. Operations having up to 1,000 animal units shall locate at least 1,320 feet from a platted
residential area, Public Park, recreational area, church, cemetery, religious area, school, historical
site, and Residential District.
5. Mobile homes are permitted only when the land is used or intended to be used only for
agricultural operations. All mobile homes require a special one- (1) year permit which must be
renewed annually and which shall be subject to the conditions of the permit.
B Ranch and farm dwellings, subject to Section 4.02.08.
C Recreational camps, parks, playgrounds, golf courses, country clubs, tennis courts, riding academies and
other similar recreational uses.
D Single family dwelling subject to Section 4.02.08
E Utility substation, pumping station, water reservoir and telephone exchange
F Fire Stations.
G Churches, seminary and convent.
H Public and parochial school; college.
I Publicly owned and operated buildings and facilities such as community centers, auditoriums, libraries,
museums.
J Private kennels and facilities, provided that all buildings and facilities be at least 100 feet from the
property line and 300 feet from any neighboring residence.
K Roadside stands offering agricultural products for sale on the premises.
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L Seed and feed sales, machine repair shop, livestock equipment construction and sales, as a primary
occupation in conjunction with an agricultural operation and be operated on the premises.
M Farm and industrial equipment sales.
N Public and private riding academies provided that no stable, building or structure in which horses or other
animals are kept is no closer than 100 feet from the property line
O Keeping of livestock on properties of less than 20 acres at a density not to exceed 2 animal units per acre
regardless of other setback requirements
NP Class II Livestock Feeding Operations provided they meet the minimum setback/separation requirements
with 25 points (or have impact easements) and NDEQ requirements with 25 points (NDEQ requirements
must be met prior to operation) and score at least 25 additional points for a minimum score of 75 points
on the Livestock Siting Matrix found in Appendix B
OQ All other Permitted Uses as indicated as Permitted within the Zoning Matrix.
4.02.03 Conditional Uses
The following uses are subject to any conditions listed in this Resolution and are subject to conditions relating to
the placement of said use on a specific tract of ground in the A-1 Agricultural District.
A Bed and breakfast residence subject to the following conditions in addition to those imposed by the
County Board:
A. The bed and breakfast residence shall be within a conforming single-family
dwelling.
B. Guest rooms shall be within the principal residential building only and not within an
accessory building.
C. Each room that is designated for guest occupancy must be provided with a smoke
detector which is kept in good working order.
D. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one
(1) off-street parking space for each sleeping room designated for guests. Such parking areas shall
not be within the required front or side yards.
E. One (1) identification sign on not more than four (4) square feet of sign area shall be
permitted.
B Publicly and privately owned dude ranches, forest and conservation areas, and golf driving ranges,
motorized cart tracks, or other outdoor recreational areas such as gun clubs, and archery, trap and skeet
ranges.
C Industrial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a
developed public or private road that accesses an improved county road or highway.
D Commercial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a
developed public or private road that accesses an improved county road or highway.
E All other Conditional Uses as indicated within the Zoning Matrix, provided the following minimum
conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a
developed public or private road that accesses an improved county road or highway.
F Development of natural resources and the extraction of raw materials such as rock, gravel, sand, etc.,
including gas and oil extraction and exploration, and subject to the requirements of the Supplementary
Regulations.
G Radio, cellular and television towers and transmitters and are subject to the requirements of Section 6.01
of the Supplementary Regulations.
H Airports.
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I Manufacture of light sheet metal products including heating and ventilation equipment.
J Manufacture and/or processing of agricultural products including but not limited to ethanol plants and
mills.
K Truck and freight terminals.
L Commercial mining, quarries, sand and gravel pits and accessory uses.
M Storage of trucks, tractors, and trailers engaged in the transportation of explosives.
N Race tracks, drag strips and similar uses and associated accessory uses.
O Wind Energy devices.
P Community sewage disposal facilities.
Q Sanitary landfill siting or expansion conducted in a manner and method approved by the County Board of
Supervisors, provided said landfill is not closer than 1,000 feet to a municipal well and/or one mile to any
village or city limits or any subdivision, addition or residence platted as of the effective date of this
resolution, see Section 6.04 of the Supplemental Regulations.
R Lawn and Garden Nurseries.
S Commercial Kennels and facilities for the raising, breeding and boarding of dogs and other small animals,
including exotic, non-farm and non-domestic animals, provided that all buildings and facilities be at least
100 feet from the property line and 300 feet from any neighboring residence.
T The spreading, stockpiling, or composting of dead livestock, sludge, by-products from manufacturing or
any processing plant, and/or paunch manure on agricultural land by municipalities or operations inside or
outside of the County.
U The application of livestock manure in Hall County by operations located outside the County.
V Class III, and IV Livestock Feeding Operations, subject to the license requirements, waste disposal
requirements and recommendations of the State of Nebraska and the Land Use specifications in the Hall
County Comprehensive Plan.
4.02.04 Standards for Livestock Feeding Operations
1. The following setbacks and design standards are the minimum sanitation and odor practices for Hall
County. In addition, the Hall County Board of Supervisors, when considering the health, safety, and
general welfare of the public, may impose more restrictive requirements. These requirements should
consider such things as:
property values,
dust,
lighting,
waste disposal and
Dead livestock.
3. A Conditional Use Permit may be approved after public notice has been given and public hearing is
conducted as required by law.
4. Agricultural Operations of 1,000 A.U. and under are considered a farm as defined in these Regulations and
do not require a Conditional Use Permit
5. All existing LFO’s that have been granted a conditional use permit may expand within their designated
level; except for the 20,000 and above which requires a new Conditional Use Permit for each expansion
beyond 20,000 A.U.’s, as outlined in Table 1, without applying for another conditional use permit. All
new LFO’s and those expanding to the next level shall require a Conditional Use Permit and shall be
located no less than at a distance from non-farm residences or other residences not on an owner's property
in any affected Zoning District as hereafter described:
A. Livestock Feeding Operations (LFO) will be categorized either as Environmentally Controlled
Housing (ECH) Operations or Open Lot Operations. LFOs having more than one type of feeding
operation at one location shall be categorized according to the operation which constitutes the
majority of the total operation. Each operation type shall be classified in one of four levels
according to total number of animal units (A.U.) in the operation at any one time. Levels will
include:
Class I Facility = 300-1,000 animal units;
Class II Facility = 1,001-5,000 animal units;
Class III Facility = 5,001-20,000 animal units; and
Class IV Facility = 20,001 or more animal units.
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LFOs having more than one type feeding operation at one location shall be categorized according
to the total number of animal units.
6.
TABLE 1: LFO SPACING AND DISTANCE (Distances given in feetmiles)
Size of Proposed LFO in Animal Units. Non-farm or Other Residence and Other LFOs (feet)
Class I
301-1000
ECH 1,320
OPEN 1,320
Class II
1001-5000
ECH 5,280
OPEN 2,640
Class III
5001-20,000
ECH 5,280
OPEN 2,640
Class IV
20,000+
ECH 7,920
OPEN 3,960
ECH = Environmentally Controlled Housing
OPEN = Open Lot Operations
B. LFOs having more than a 1,000 300 animal units shall also locate at a distance as specified under
the ECH or Open Lots, in Table 1 from a a house under different ownership than the
owner/operator of the LFO a platted, a residential area, public park, recreational area, church,
cemetery (excluding abandoned and personal historic cemeteries), religious area, school, state or
nationally designated historical site, and Rresidential Ddistrict. LFO’s may locate closer than the
specified distance if the owner of said property has granted an impact easement (distance waiver)
and filed said documents against the property granting the easement.
C. All LFO’s over 20,000 Animal Units shall be required to obtain a new Conditional Use Permit
prior to any expansion, unless it meets the standards of the exceptions in the Exceptions Section.
D. The producer shall have a Pre-submission meeting with the Hall County Regional Planning
Director and Hall County Building Inspector to discuss tentative plans and layouts prior to formal
submission of the Conditional Use Permit for Livestock Feeding Operations.
1. A proposed site plan and conditions or requirements of this regulation pending approval
of application for a proposed operation and waste disposal plan from the Nebraska
Department of Environmental Quality (NDEQ) or any other applicable State Agency.
2. The applicant shall submit all pertinent materials and designs, as per the Conditional Use
Permit Application for Livestock Feeding Operations.
3. The applicant shall file a copy of the proposed Operation and Maintenance Plan and
proposed Manure Management Plan. The approved plans shall be submitted after NDEQ
approval if different from the proposed. Said plans shall be filed with the Hall County
Regional Planning Director.
4. Shall also file a copy of all approved NDEQ plans and permits with the Hall County
Regional Planning Director within 30 days after they are issued by the NDEQ.
5. An annual manure management plan shall be submitted to the Hall County Regional
Planning Director which shall follow “best possible management practices” as specified
by NDEQ in order to protect the environment, as well as the health, safety and general
welfare of the public and their property values.
6. If stockpiling of animal waste and/or composting of dead carcasses, as per State Statutes,
are part of the manure management plan, the waste shall be maintained in an area as
outlined in Table 1 of this Section. Said area shall also located on the proposed site plan
indicated in number (A) above.
7. All ground surfaces within outside livestock pens shall be maintained to insure proper
drainage of animal waste and storm or surface runoff in such a manner as to minimize
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manure from being carried into any roadway ditch, drainage area or onto a neighbor's
property.
8. In no event shall any manure storage unit or system be constructed where the bottom of
the unit or system is either in contact with or below the existing water table where the
unit or system is to be constructed. Application of manure in flooded areas of standing
water shall be prohibited.
9. All runoff or waste generated by an LFO facility shall be contained within the associated
farming operation, or, on the premises upon which the confined feeding facility or
feedlot is located. The applicant must verify that all runoff control ponds, lagoons,
methods of manure disposal and dust control measures are designed to minimize offer
and air pollution, and avoid surface or groundwater contamination as regulated by the
State of Nebraska.
10. The setbacks from an LFO to any non-farm dwelling, other residence or other LFO are
as follows in Table 2:
5. Exceptions:
A. Any Class I Livestock Feeding Operation use in existence as of the effective
date of this Resolution, and which is located within the minimum spacing distance in Table 1
to any church, school, public use, other LFO or single-family dwelling within the current
class or to the next class, may expand in animal units and/or land area under a Conditional
Use Permit, provided the proposed expansion complies with all of the following limitations:
1. Such expansion will not decrease the distance from the LFO use to any church,
school, public use, other LFO or single-family dwelling not of the same ownership
and not on the same premises with said LFO which is less than the minimum
prescribed spacing distance.
2. Any physical expansion of the existing LFO shall be immediately contiguous with
the facilities of the existing LFO.
3. Such expansion may occur in phases over time, but in no event shall such
expansion(s) result in a LFO that is more than 50% larger in animal units than the
one-time capacity of the use which existed as of the effective date of this
Resolution. Any expansion beyond this limitation is prohibited unless a Conditional
Use Permit for expansion that meets all requirements is heard by the Planning
Commission and authorized by the County Board of Supervisors.
4. If such expansion results in such LFO being required to obtain a new construction
permit from NDEQ, introduction of additional animals shall be prohibited until said
permit is issued by NDEQ or other applicable or successor agency has been issued
and such LFO shall be operated at all times in a manner consistent with the
requirements of said permit and applicable regulations of this Resolution.
4.02.05. Accessory Uses
The following accessory buildings and uses are permitted in the A-1 District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Home occupation.
3. Temporary buildings and uses incidental to construction work which shall be removed upon
the completion or abandonment of the construction work.
4.02.06 Lot Requirements and Intensity of Use
1. The following table lists the minimum lot requirements and maximum building requirements in an A-1
District. These requirements shall be followed unless otherwise modified by this Resolution
Setbacks
Uses Min
Lot
Area
(acres)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min Lot
Area per
dwelling unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted Uses 20 100 35 35 20 10% 20,000 351
Conditional
Uses
20 100 35 35 20 10% 20,000 351
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Agricultural
uses
1 100 35 35 20 10% 20,000 351
1 for structures intended for human occupancy, all others no restrictions.
2. The following requirements are allowed in specific situations within the jurisdiction of Hall County. These
requirements are:
A. ANY PERSON OR PERSONS WHO:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family
dwelling, providing such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling that is 10 years old or more may sell a tract
containing such dwelling;
(3) providing the following space limitations are complied with:
Setbacks
Min Lot
Area
(sq. ft.)
Min. Lot
Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max.
Lot
Coverag
e
Max.
Building
Height
(feet)
20,000 80 30 25 15 40% 351 1 for structures intended for human occupancy, all others no restrictions.
4.02.07 Prohibited Uses
1. Any use not specifically listed as a permitted principal use or permitted accessory use.
4.02.08. Supplementary Regulations
1. Residential dwelling units on non-agricultural land existing at the time of passage of these
regulations, may construct accessory structures, make repairs, replace, remodel, rebuild or replace the
residential structure in case of damage regardless of the percent of damage or extent of structural
change provided the use does not change.
A. All new and existing livestock feeding operations and farms with livestock of
300 animal units or less more shall require a no-fee livestock registration permit. In addition,
all new or expanded Livestock Feeding Operations of over 35000 animal units shall meet the
minimum setback/separation requirements with 25 points (or have impact easements) and
NDEQ requirements with 25 points (NDEQ requirements can be met after issuance of the
conditional use permit but prior to operation) and score at least 25 additional points for a
minimum score of 75 points on the Livestock Siting Matrix found in Appendix B and require
a Conditional Use Permit as subject to in Section 4.03, subsection B of this Article.
B.A. New non-farm residences shall be located no less than at the following
distances and those shown in Table 2: Non-farm Residentialce Spacing and Distance, from
an existing permitted agricultural operation having between more than50 and 300 animal
units and an LFO based upon the type of operation. New residences may be located closer to
an LFO if the owner of such residence has been granted an impact easement from the owner
of the LFO and the owner of the residence has granted an impact easement to the LFO..
Both easements shall be filed with the Register of Deeds.
TABLE 2: NON-FARM RESIDENTIALCE SPACING AND DISTANCE (Distances given in feet)
301-1,000 1001-5,000 5,001-20,000 20,000+
New Residence* near
open lots
1,980
3,960
3,960 5,940
New Residence* near
ECH
1,980 7,920 7,920 11,880
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
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*This shall not prohibit building a residence within the specified distance as part of the farming/feeding operation.
Section 4.03: A-2 – Secondary Agricultural Secondary District
4.03.01 Intent
The intent of this district is to recognize the agricultural uses of land and communities; to encourage the
continued use of that land which is suitable for agriculture, but limit the land uses that may be a detriment to
the efficient pursuit of agricultural production.
4.03.02 Permitted Principal Uses
The following principal uses are permitted in the A-2 – Secondary Agricultural Secondary District:
1. Agriculture, farming, dairy farming, livestock and poultry raising, and all uses commonly classed as
agricultural, with no restrictions as to operation of such vehicles or machinery as are customarily
incidental to such uses, and with no restrictions as to the sale or marketing of products raised on the
premises; provided that the operation is no more than 500 animal units and, that any building,
structure or yard for the raising, confinement, housing, or sale of livestock or poultry shall be located
at least 1,320 feet from a neighbor’s dwelling, and further provided, that there shall be no feeding,
spreading, accumulation or disposal of garbage, rubbish, or offal on any open surface of the land.
2. Churches and publicly owned and operated community buildings, public museums, public libraries.
3. Single-family dwellings, provided the intensity of use and all other requirements of this district are
met. In no case are single-family dwellings permitted on tracts without legal access to an improved
road.
4. Fish hatcheries, apiaries, aviaries.
5. Forests and wildlife reservations, or similar conservation projects.
6. Fur farming for the raising of fur bearing animals.
7. Golf courses and clubhouses customarily accessory thereto, except miniature golf, driving ranges and
other similar activities operated as a business.
8. Hospitals, sanitariums, homes for the aged and feeble minded.
9. Private Kennels, provided the buildings and pens shall be located at least 100 feet from the property
line and 300 feet from any neighboring residence.
10. Mushroom barns and caves.
11. Nurseries, greenhouses, and truck gardens.
12. Philanthropic or eleemosynary institutions.
13. Picnic groves.
14. Publicly owned parks and playgrounds, including public recreation or service building within such
parks, public administrative building, police and fire stations and public utility buildings and
structures.
15. Public schools, elementary and high, and private schools with curriculum equivalent to that of a
public elementary or high school, and institutions of higher learning, including stadiums and
dormitories in conjunction, if located on the campus.
16. Railroad rights-of-way not including railroad yards.
17. Riding stables and riding tracks.
18. Cemeteries and mortuaries.
18.19. Keeping of livestock on properties of less than 20 acres at a density not to exceed 2 animal units per
acre regardless of other setback requirements
19.20. All Permitted Uses as indicated in the Zoning Matrix.
4.03.03 Conditional Uses
The following conditional uses may be allowed as per Article 5 of this Resolution. Approval shall depend upon
the ability of the application to meet specific minimum conditions/requirements. The final consideration may
require additional conditions to be met that are specific to the site in question.
1. Airports and heliports.
2. Bed and breakfast residence subject to the following conditions in addition to those imposed by the
Governing Body:
A. The bed and breakfast residence shall be within a conforming single-family dwelling.
B. Guest rooms shall be within the principal residential building only and not within an
accessory building.
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ARTICLE 4: DISTRICTS AND INTERPRETATION OF DISTRICT BOUNDARIES
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C. Each room that is designated for guest occupancy must be provided with a smoke detector
which is kept in good working order.
D. Two (2) off-street parking spaces shall be provided for each dwelling unit plus one (1) off-
street parking space for each sleeping room designated for guests. Such parking areas shall
not be within the required front or side yards.
E. One (1) identification sign on not more than four (4) square feet of sign area shall be
permitted.
3. Commercial kennels and facilities for the raising, breeding and boarding of dogs and other small
animals, including exotic, non-farm and non-domestic animals, provided that all buildings and
facilities be at least 100 feet from the property line and 300 feet from any neighboring residence.
4. Industrial uses as provided in the Zoning Matrix and the following minimum conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a
developed public or private road that accesses an improved county road or highway.
5. Commercial uses as provided in the Zoning Matrix and the following minimum conditions are
met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed public
or private road that accesses an improved county road or highway.
6. All other Conditional Uses as indicated within the Zoning Matrix, provided the following minimum
conditions are met:
A. Meets minimum lot requirements as established by this Resolution.
B. Meets minimum off-street parking requirements as established by this Resolution.
C. Meets minimum sanitary sewer requirements for the proposed use.
D. The lot(s) takes access from an improved county road or highway or are along a developed public
or private road that accesses an improved county road or highway.
7. Farm and industrial equipment sales
8. Development of natural resources and the extraction of raw materials, such as rock, gravel,
sand and soil and conditions referred to in Section 6.02 of the Supplemental Regulations.
9. Wind Energy systems
10. The application of manure by any livestock feeding operation (LFO as defined in these
Regulations) from inside or outside the County.
11. Utility installations such as electric substations, sewer lift stations, telephone exchanges, gas
regulators and major transmission lines (not including utility office, repair, storage or
production facilities).
12. Radio, Cellular and television towers and transmitters and subject to the requirements of
Section 6.01 of the Supplemental Regulations.
4.03.04 Permitted Accessory Uses.
The following accessory buildings and uses are permitted in the A-2 District.
1. Buildings and uses customarily incidental to the permitted and conditional uses.
2. Home occupation.
3. Temporary buildings and uses incidental to construction work and shall be removed
upon the completion or abandonment of the construction work.
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4.03.05 Area and Intensity Regulations
In the A-2 - Secondary
Agricultural Secondary District the height of buildings, the minimum dimensions of lots and yards, and the
minimum lot area per family permitted on any lot shall be as follows:
The minimum lot requirements shall be as follows:
Setbacks
Uses Min Lot
Area
(acres)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Min Lot
Area per
dwelling unit
(sq. ft.)
Max.
Building
Height
(feet)
Permitted
Uses
3 100 30 25 15 25% 20,0002 351
Conditional
Uses
3 100 30 25 15 25% 20,0002 351
1 for structures intended for human occupancy, all others no restrictions.
4.03.06 Prohibited Uses
Any use not specifically listed as a permitted principal use or permitted accessory use.
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