01-08-2020 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, January 8, 2020
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
Council Chambers
Grand Island Regular Meeting - 1/8/2020 Page 1 / 59
Call to Order
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
DIRECTOR COMMUNICATION
This is an opportunity for the Director to comment on current events, activities, and issues of interest to
the commission.
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Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item A1
Agenda 1/8/20 Meeting
Staff Contact:
Grand Island Regular Meeting - 1/8/2020 Page 3 / 59
AGENDA AND NOTICE OF MEETING
Wednesday, January 8, 2020
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 December 3, 2019.
3. Request Time to Speak.
4. Public Hearing-Zoning Change-Superbowl Subdivision – Lot 1 of Superbowl
Subdivision 641 S. Cherry Street from CD Commercial Development Zone to Amended
CD Commercial Development Zone and RD Residential Development Zone. (C -06-
2020GI)
a. Preliminary and Final Plat of Nikodym Subdivision
5. Public Hearing-Zoning Change- Part of the NW ¼ Section 14, Township 11 north
Range 10 west of the 6th P.M.– Approximately 138 acres south of 13th Street east of
Engleman Road from TA Transitional Agriculture to R1- Suburban Residential Zone. (C -
07-2020GI)
6. Public Hearing-Redevelopment Plan Amendment- Tabitha Grand Island Inc. Prairie
Commons Phase 3- Concerning an amendment to the redevelopment plan for CRA Area
No. 17 for Phase 3 of the Prairie Commons development. The request from Tabitha
Grand Island Inc. for redevelopment of 1 lot west of Ewoldt Street and south of Husker
Highway for senior living facilities including independent living, assisted living, memory
care and skilled nursing care. (C-08-2020GI)
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7. Public Hearing-Zoning Change- Readoption of the Wood River Zoning Map with
proposed changes– Readoption of the Wood River Zoning map incorporating all
amendments and annexations since October 31, 2018 and making changes to some
zoning districts to better accommodate the growth and development of the city.(C -09-
2020WR)
8. Public Hearing-Regulation Change- Chapter 36 of the Grand Island City Code Article
XI Wireless Communications Towers- Consideration of proposed changes to Chapter
36 sections 168 to 187 regarding regulations for wireless communications towers. (C -10-
2020GI)
9. Director’s Report
a. Nebraska Planning Conference March 4-6
10. Next Meeting February 5, 2020.
11. Adjourn.
PLEASE NOTE: This meeting is open to the public, and a current agenda is on file at the
office of the Regional Planning Commission, located on the second floor of City Hall in
Grand Island, Nebraska.
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Staff Recommendation Summary
For Regional Planning Commission Meeting
January 8, 2020
4. Public Hearing-Zoning Change-Superbowl Subdivision – Lot 1 of
Superbowl Subdivision 641 S. Cherry Street from CD Commercial
Development Zone to Amended CD Commercial Development Zone and
RD Residential Development Zone. (C -06-2020GI) (Hearing, Discussion,
Action) See Full Recommendation
Preliminary and Final Plat of Nikodym Subdivision A replat of
Superbowl Subdivision creating 3 lots including 1 for the existing bowling
alley to be used as a the library and museum for a car club and
reception hall, one lot north of the existing building for a single family
home and a 3 lot to the north and west of the existing building reserved
for future residential development.
5. Public Hearing-Zoning Change- Part of the NW ¼ Section 14, Township
11 north Range 10 west of the 6th P.M.– Approximately 138 acres south of
13th Street east of Engleman Road from TA Transitional Agriculture to R1-
Suburban Residential Zone. (C -07-2020GI) (Hearing, Discussion, Action)
See Full Recommendation
6. Public Hearing-Redevelopment Plan Amendment- Tabitha Grand
Island Inc. Prairie Commons Phase 3- Concerning an amendment to the
redevelopment plan for CRA Area No. 17 for Phase 3 of the Prairie
Commons development. The request from Tabitha Grand Island Inc. calls
for redevelopment of the western most lot of Prairie Commons Subdivision
west of Ewoldt Street south of Husker Highway for senior housing. Tax
increment financing will we used for acquisition, public infrastructure,
grading and site preparation. (C-08-2020GI) (Hearing, Discussion, Action) A
motion on Resolution 2020-04 is in order. See Full Recommendation
7. Public Hearing – Readoption of Zoning Map – Wood River– Public
Hearing to re-adopt the City of Wood River Zoning Map, with proposed
changes due to annexation as produced using the Hall County Geographic
Information System. The proposed map does change the zoning on two
blocks north and west of downtown from commercial to residential to better
reflect the exist uses on those properties. (C-09-2020WR) (Hearing,
Discussion, Action) See Full Recommendation
8. Public Hearing-Regulation Change- Chapter 36 of the Grand Island
City Code Article XI Wireless Communications Towers- Consideration of
proposed changes to Chapter 36 sections 168 to 187 regarding regulations
for wireless communications towers. This is an update to the
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telecommunication section of the zoning regulations and will result in a
regulations that reflect the current state of technology and are compliant
with state and federal regulations. City staff has been working with Bob
Duchen, an attorney with River Oaks Communications Corporation of
Colorado Springs CO for the last year regarding updates to this section of
the regulations. (C -10-2020GI) (Hearing, Discussion, Action) See Full
Recommendation
9. Director’s Report Nebraska Planning Conference Kearney March 4-6 and
moving the March meeting.
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Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item E1
Meeting Minutes
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
December 4, 2019
The meeting of the Regional Planning Commission was held Wednesday, December 4, 2019,
at City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the "Grand Island
Independent" on November 23, 2019.
Present: Pat O’Neill Leslie Ruge
Jaye Monter Robin Hendricksen
Carla Maurer Dean Kjar
Leonard Rainforth
Absent: Hector Rubio, Darrel Nelson, Tony Randone,
Judd Allan and Greg Robb
Other:
Staff: Chad Nabity, Rashad Moxey, Norma Hernandez
Press:
1.Call to order.
Chairman O’Neill called the meeting to order at 6:00 p.m.
O’Neill stated that this was a public meeting subject to the open meetings laws of the
State of Nebraska. He noted that the requirements for an open meeting are posted on
the wall in the room and easily accessible to anyone who may be interested in reading
them.
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.
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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 November 6, 2019 meeting.
A motion was made by Ruge and second by Maurer to approve the minutes of
the November 6, 2019 meeting.
The motion carried with six members in favor (O’Neill, Ruge, Maurer, Monter,
Hendricksen, and Kjar) and one member abstaining (Rainforth).
3.Request Time to Speak.
No requests were made.
4.Final Plat – Prairie Creek Meadows Third – Hall County – A tract of land
consisting of all of Lots 3,4,5 and 6 of Prairie Creek Meadows Second Subdivision in
Hall County, Nebraska. Located south of One R Road and west of Boxelder Drive.
A motion was made by Kjar and second by Rainforth to approve the Final Plat – Prairie
Creek Meadows Third Subdivision.
The motion carried with seven members voting in favor (O’Neill, Ruge, Maurer,
Monter, Rainforth, Hendricksen and Kjar and no members voting no.
5. Director’s Report
Potential Changes to the Grand Island Subdivision and Zoning Regulations
- Number of copies. Only be sent electronically. Copies as needed.
-Driveway regulations – in front of a house 25 ft setback.
Changes with cell tower regulations.
-The small cell in the right of way, small cell on street lights and potentially on
electric distribution poles
6.Next Meeting January 8, 2019
7. Adjourn at 6:20
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
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Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item F1
Public Hearing - Zoning Change - Superbowl Subdivision
Staff Contact:
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Agenda Item # 4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
December 18, 2019
SUBJECT:Zoning Change(C-06-2020GI)
PROPOSAL: To change a portion of Lot 1 Super Bowl Subdivision from Commercial
Development Zone (CD) to Residential Development Zone (RD) and amend the current
CD zoning district changing the use from Bowling Alley/Family Entertainment Center to
Museum and Reception Hall. The new development will consist of 3 lots. Lot 1 will
remained zoned CD, the existing building is to be converted to a car museum and
reception hall. Lot 2 will be a single family house, while lot 3 is to be reserved for future
development and restricted until such time as approved by Council.
OVERVIEW:
Site Analysis
Current zoning designation: CD: Commercial Development Zone
Permitted and conditional uses: CD: The intent of this zoning district is to permit a
more flexible regulation of land use so as to more
fully implement comprehensive planning for large
parcels of land proposed for commercial use.
Permitted uses includes and not limited to retail
uses, offices, hotels and entertainment uses.
Comprehensive Plan Designation: Designated for future development as a Park or
Recreational uses. Commercial and residential
uses are planned adjacent to this property.
Existing land uses:Commercial use (bowling alley)
Proposed Zoning Designation:RD: Residential Development Zone/
Amended CD: Commercial Development Zone
Permitted and conditional uses: RD:The intent of this zoning district is to permit a
more flexible regulation of land use, and so as to
more fully implement comprehensive planning for
large parcels of land proposed predominantly for
residential use. Permitted uses includes and not
limited to residential uses, community building, and
retirement and/or assisted living.
CD: The intent of this zoning district is to permit a
more flexible regulation of land use so as to more
fully implement comprehensive planning for large
parcels of land proposed for commercial use.
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Permitted uses includes and not limited to retail
uses, offices, hotels and entertainment uses.
Adjacent Properties Analysis
Current zoning designations: North: RD - Residential Development Zone
South: R1 - Suburban Density Residential
East: B2 - General Business
West: R2 - Low Density Residential Zone
Permitted and conditional uses: RD: Residential Development Zone – residential
uses, community building, and retirement and/or
assisted living.
R1: Residential uses at a density of 4 dwelling units
per acre, churches, schools, parks;
B2: Commercial and retail uses including those
with outside storage of merchandise, office uses
and residential uses up to a density of 43 units per
acre.
R2: Residential uses at a density of 14 to 15
dwelling units per acre, churches, schools, parks.
Comprehensive Plan Designation: North: Designated for low to medium density
residential
East: Designated for General Commercial and
some low to medium density residential
South: Designated for low to medium density
residential
West: Designated for low to medium density
residential
Existing land uses: North: Apartments
South and West: Single family residential
East: Single family residential and commercial
development.
EVALUATION:
Positive Implications:
Largely Consistent with the existing land use within the area.
Accessible to Existing Municipal Infrastructure: City water and sewer services
have been extended to serve the rezoning area.
Would provide additional housing: This would provide for more modernized
housing allowing for more housing choices throughout the community
Monetary Benefit to Applicant: Would allow the applicant to develop the property
that better relates to the existing uses within the area.
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Negative Implications:
None foreseen:
Other Considerations:
Will allow for residential uses and may reduce heavy outside traffic within the
existing neighborhood.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site from CD: Commercial Development Zone to
an RD: Residential Development Zone by amending the Subdivision Agreement
and development plan as shown above and in the attached Exhibit 1.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item F2
Public Hearing - Zoning Change - Lechner
Staff Contact:
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Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
December 18, 2019
SUBJECT:Zoning Change(C-07-2020GI)
PROPOSAL: To rezone tract of land consisting of 137 acres located in the NW ¼ of
Section 14 Township 11 range 10 West of the 6th Principal Meridian Hall County,
Nebraska from TA: Transitional Agricultural Zone to R1: Suburban Residential Zone.
This property is located south of 13th Street, and east of Engleman Road. At this time
there is no subdivision proposed for this property
OVERVIEW:
Site Analysis
Current zoning designation: TA: Transitional Agricultural Zone
Permitted and conditional uses: TA: The intent of this zoning district is to provide for
a transition from rural to urban uses, and is
generally located on the fringe of the urban area.
This zoning district permits both farm and non-farm
dwellings at a maximum density of two dwelling
units per acre, as well as other open space and
recreational activities. The intent of the zoning
district also would allow the raising of livestock to a
limit and within certain density requirements.
Comprehensive Plan Designation: Designated for low to medium density residential
uses.
Existing land uses:Vacant (Farm-ground)
Proposed Zoning Designation:R1: Suburban Residential Zone
Permitted and conditional uses: R1: Residential uses at a density of 4 dwelling units
per acre, churches, schools, parks
Adjacent Properties Analysis
Current zoning designations:North:R1: Suburban Density Residential, TA:
Transitional Agricultural Zone & LLR: Large Lot
Residential Zone
South:TA: Transitional Agricultural Zone & LLR:
Large Lot Residential Zone
East:R1: Suburban Density Residential & LLR:
Large Lot Residential Zone
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West: AG-2: Secondary Agricultural Zone
Permitted and conditional uses: AG-2: Agricultural operation, residential uses such
as single family dwellings, ranch and farm
dwellings, recreational camps, parks, playgrounds,
churches, and schools.
LLR: Residential uses at a density of 2 dwelling
units per acre, churches, schools, and parks.
R1: Residential uses at a density of 4 dwelling units
per acre, churches, schools, and parks.
TA: farm and non-farm dwellings at a maximum
density of two dwelling units per acre, churches,
schools, and parks.
Comprehensive Plan Designation: North: Designated for low to medium density
residential
East: Designated for low to medium density
residential and public uses
South: Designated for low to medium density
residential
West: Designated for transitional agriculture
Existing land uses: North: Single family residential
South and East: Single family residential
West: Agricultural commercial uses
EVALUATION:
Positive Implications:
Largely Consistent with the City’s Comprehensive Land Use Plan: The property
is designated for low to medium density residential use.
Accessible to Existing Municipal Infrastructure: City water and sewer services
have been extended to serve the rezoning area.
Would provide additional housing: This would provide for more modernized
housing stock allowing for more housing choices throughout the community
Monetary Benefit to Applicant: The applicant will be able to develop the property
as proposed if the rezoning is permitted.
Negative Implications:
The change zoning from TA to R1 will allow for encroachment of urban uses
(housing) near an existing feed lot.
Other Considerations:
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RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on this site from TA: Transitional Agricultural Zone to
R1: Suburban Residential Zone.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item F3
Public Hearing - Redevelopment Plan Amendment - Tabitha
Grand Island Inc. Prairie Commons Phase 3
Staff Contact:
Grand Island Regular Meeting - 1/8/2020 Page 27 / 59
Agenda Item #7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
December 26, 2019
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area 17 for
a Site Specific Redevelopment Plan for property located south of Husker Highway and west
of Ewoldt Street, Prairie Commons Phase 3 in Grand Island, in Hall County, Nebraska to
support this development. (C-08-2020GI)
PROPOSAL:
Tabitha Grand Island Inc. is proposing to build 157 units of senior housing including 80 units of
independent living, 20 units of assisted living, 20 units of memory care and 36 units of skilled
nursing care on the western most lot of the Prairie Commons Subdivision west of the new
hospital. The property is zoned R-O residential office and the proposed use is consistent with
the current zoning and future land use of the property.
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 commercial uses for the traveling public at the intersection of two major roads
in the City. 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
RO Residential Office. The RO zoning district allows a variety of residential uses including
apartments and nursing homes.
The Regional Planning Commission recommendation is limited to the appropriateness of the
proposed use at this location. The Grand Island Comprehensive Plan calls commercial
development transitioning to residential to the west.
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 senior housing 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 17
November 2019
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 17 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific project in Area 17.
Executive Summary:
Project Description
PHASE 3 OF THE REDEVELOPMENT OF PROPERTY LOCATED SOUTH OF
HUSKER HIGHWAY AND WEST OF U.S. HIGHWAY 281 THE PROJECT SITE
CONSISTS OF 1 LOT WITHIN THE PRAIRIE COMMONS 4th SUBDIVISION
IMMEDIATELY WEST OF EWOLDT STREET AS PLATTED. THE PROJECT
WILL CONSIST OF ACQUISITION, SITE WORK AND GRADING TO PROMOTE
AND ENHANCE DRAINAGE ACROSS THE SITE, INTALLATION OF PUBLIC
AND PRIVATE ROADS, SEWER, WATER AND OTHER UTILITY
INFRASTRUCTURE TO SUPPORT DEVELOPMENT OF THE SITE. THIS PHASE
OF THIS DEVELOPMENT WILL CONSIST OF THE CONSTRUCTION A SENIOR
HOUSING FACILITY WITH 157 APARTMENTS INCLUDING: 81 INDEPENDENT
LIVING UNITS, 20 ASSISTED LIVING UNITS, 20 MEMORY CARE UNITS AND 36
SKILLED NURSING CARE UNITS.
Tax Increment Financing will aid with installing the necessary infrastructure and grading
improvements to redevelop property currently platted as part of lot 2 of Prairie Commons
Third Subdivision and approved as Prairie Commons Fourth Subdivision in the City of
Grand Island. The use of Tax Increment Financing is an integral part of the development
plan and necessary to make this project economically feasible. The first phase of this
development including the Hospital and Medical Office Building to the east of this site is
currently in progress. The second phase consists of three office buildings to be
constructed to the west of the Hospital. It was anticipated when that project was
approved that subsequent phases of the remainder of the site would include housing,
office space and retail development. This third phase will consist of senior housing
ranging from independent living to skilled nursing and memory care. This development
will be approximately 200,000 square foot of developed area designed to serve the needs
of seniors. The developer has indicated that this development would not be considered
nor financially feasible for at this location without the use of TIF.
Tabitha is a mission focused non-profit that offers a comprehensive line of Senior Care
services. Tabitha provides senior care in 28 Nebraska Counties. Their main campus is in
the heart of Lincoln, Nebraska with other community campuses in Lincoln, Williamsburg
neighborhood and in Crete Nebraska. Tabitha has regional offices in Grand Island, York
and Nebraska City. This project will be developed with some portions tax exempt and
other portions subject to property taxes. The Grand Island Community Redevelopment
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Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year
period beginning January 1, 2021 towards the allowable costs.
TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE
PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY:
Property Description (the “Redevelopment Project Area”)
Legal Descriptions: Lot 1 of Prairie Commons Fourth Subdivision in the City of Grand
Island, Hall County, Nebraska.
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Existing Land Use and Subject Property
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This plan amendment provides for the issuance TIF Notes, the proceeds of which
will be granted to the Redeveloper. The tax increment will be captured for up to 15
tax years the payments for which become delinquent in years 2021 through 2034
inclusive or as otherwise dictated by the contract.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The incremental value for the first phase will be
created by the construction a 200,000 square foot senior housing facility. This area
is planned for commercial development with the Grand Island Comprehensive Plan
and is currently zoned RO Residential Office, a variety of residential, office and
medical uses are permitted in this district including nursing facilities and senior
housing.
Statutory Pledge of Taxes.
In accordance with Section 18-2147 of the Act and the terms of the Resolution
providing for the issuance of the TIF Note, the Authority hereby provides that any ad
valorem tax on the Redevelopment Project Area for the benefit of any public body be
divided for a period of fifteen years after the effective date of this provision as set forth in
the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall
be divided as follows:
a. That portion of the ad valorem tax which is produced by levy at the rate
fixed each year by or for each public body upon the redevelopment project valuation shall
be paid into the funds, of each such public body in the same proportion as all other taxes
collected by or for the bodies; and
b. That portion of the ad valorem tax on real property in the
redevelopment project in excess of such amount, if any, shall be allocated to and, when
collected, paid into a special fund of the Authority to pay the principal of; the interest on,
and any premiums due in connection with the bonds, loans, notes, or advances on money
to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise,such
Authority for financing or refinancing, in whole or in part, a redevelopment project.
When such bonds, loans, notes, advances of money, or indebtedness including interest
and premium due have been paid, the Authority shall so notify the County Assessor and
County Treasurer and all ad valorem taxes upon real property in such redevelopment
project shall be paid into the funds of the respective public bodies.
Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged
to the repayment of loans or advances of money, or the incurring of any indebtedness,
whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in
whole or in part, the redevelopment project, including the payment of the principal of,
premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness.
Redevelopment Plan Amendment Complies with the Act:
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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 June 9, 2015.[§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 rehabilitate the building for permitted uses on this property as defined by
the current and effective zoning regulations. The Hall County Regional Planning
Commission held a public hearing at their meeting on January 8, 2020 and passed
Resolution 2020-04 confirming that this project is consistent with the Comprehensive
Plan for the City of Grand Island.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
This Redevelopment Plan for Area 17 does anticipate real property acquisition by the
developer. There is no proposed acquisition by the authority.
b. Demolition and Removal of Structures:
The project does not provide for the demolition or removal of any existing structures.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. This property is
in private ownership and is planned for commercial uses [§18-2103(b) and §18-2111]. A
site plan of the area after the proposed redevelopment is also attached. [§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 property is currently platted as Prairie Commons Third Subdivision and approved as
Prairie Commons Fourth Subdivision. The property will be developed in substantial
compliance with the existing plat. No changes in zoning are anticipated for the expected
uses.
No other planning changes contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing to build on the site within the constraints allowed by the
current zoning districts. The RO zoning district would allow up to 75% coverage. [§18-
2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. Sufficient capacity exists
within these systems to support this development at completion. Sewer, water will be
extended throughout the site. The developer will be responsible for engineering and
installation of all required utilities. Said utilities are expected to become part of the city
infrastructure and will be accepted into the city systems after construction and inspection.
Electric infrastructure will be extended throughout the site according to typical
commercial installation requirements. Natural gas and communications infrastructure
will be installed according to the agreements formed with the private companies that
provide those services. The City of Grand Island will secure all necessary easements for
utility infrastructure with the platting and development processes. [§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. No individuals or businesses
will be relocated due to this development. [§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] No members of the
authority or staff of the CRA has any ownership interest in this property at this time.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer is showing a purchase price of this property of $1,354,000. The cost of
property acquisition is included as a TIF eligible expense. Costs for site preparation
Grand Island Regular Meeting - 1/8/2020 Page 36 / 59
including, grading and fill is estimated at $356,861.Utility extensions, storm water,
sewer electrical and water are estimated at $638,260. Building plans and engineering and
other planning expenditures are expected to cost $1,436,827. The developer will be
paying $1,167,417 in additional costs to improve the façade of the buildings in a manner
consistent with the rest of the Prairie Commons development. The cost of private streets
and recreational trails is $350,054. An additional $20,000 of expenses for legal work,
fees and financial tracking of this project are also included as eligible expenses for a total
maximum TIF request of $5,127,334 and potential eligible expenses of $5,329,165. It is
estimated based on the proposed increased valuation to $15,383,121 will result in
$348,350 of increment generated annually. Based on a TIF Bond of $5,127,334 this
project should pay off prior to the end of the 15 year period.
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 the sum of $5,127,334 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, 2021 through December
2034 or such term as identified within the approved contract with no portion to exceed a
term of 15 years. The developer will use the TIF Note to secure debt financing in an
amount not to exceed $5,127,334 to be paid to the note holder during the term of the
financing.
c. Statement of feasible method of relocating displaced families.
The property is vacant and no families will be dislocated.
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
Grand Island Regular Meeting - 1/8/2020 Page 37 / 59
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. This
will have the intended result of preventing recurring elements of blighted and substandard
conditions within the area.
8. Time Frame for Development
Development of this project is anticipated to be completed between April of 2020 and
August of 2021. Excess valuation should be available for this project for 15 years
beginning with the 2021 tax year. This is the third phase of development of this property
and it is anticipated that additional projects will be brought forward for separate
consideration on other lots within this and adjacent subdivisions.
9. Justification of Project
Extension of utilities, substantial site grading and installation of private streets are
necessary to facilitate redevelopment of this site. The redevelopment of this property by
Tabitha Grand Island Inc., will result in increased employment and housing opportunities.
In addition to providing 157 units of housing this facility is anticipated to employ 100
individuals (66 FTE) with wages ranging between $13 and $50 per hour depending on the
position and an average wage of $20/hour. This is development is a continuation of
efforts to extend development south along U.S. Highway 281 toward U.S. Interstate 80.
The Grand Island City Council has made in the past made it clear through previous
decisions that they support development toward the I-80/281 interchange.
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
project, including:
Project Sources and Uses. A maximum of $5,127,334 in public funds from tax
increment financing provided by the Grand Island Community Redevelopment Authority
will be required to complete the project. This investment by the Authority will leverage
$40,059,001 in private sector financing and investment; a private investment of $8.00 for
every TIF dollar investment. It is estimated this will pay off in less than 15 years.
Grand Island Regular Meeting - 1/8/2020 Page 38 / 59
Use of Funds. Source of Funds
Description TIF Funds Private Funds Total
Site Acquisition $
1,354,665
$
1,354,665
Building Costs $
26,360,974
$
26,360,974
Sewer $
27,500
$
27,500
Storm Sewer $
202,570
$
202,570
Water $
8,190
$
8,190
Electric $
400,000
$
400,000
Private Streets $
264,990
$
264,990
Trails $
85,145
$
85,145
Site preparation/Dirt Work $
356,861
$
356,861
Façade Enhancement $
1,167,417
$
1,167,417
Architecture/Engineering $
1,336,827
$
1,336,827
Financing Fees $
944,011
$
944,011
Legal $
20,000
$
20,000
Developer Fees
$
1,485,774
$
1,485,774
Audit Fees $
20,000
$
20,000
Contingency $
1,373,274
$
1,373,274
Working Capital $
2,067,409
$
2,067,409
Capitalized Interest $
1,439,087
$
1,439,087
Govt. Fees and Expenses $
240,000
$
240,000
Grand Island Regular Meeting - 1/8/2020 Page 39 / 59
Mkt Research, Feasibility &
Planning
$
100,000
$
100,000
Marketing Expenses $
785,000
$
785,000
Property Taxes during Const. $
4,000
$
4,000
Debt Service Reserve $
2,606,641
$
2,606,641
Pre-Open Salaries $
19,000
$
19,000
Tax Study $
5,000
$
5,000
Personal Property $
2,512,000
$
2,512,000
$
-
TOTALS $
5,329,165
$
39,857,170
$
45,186,335
Grand Island Regular Meeting - 1/8/2020 Page 40 / 59
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition 1,354,665$ $ 1,354,665
Building Costs $ 26,360,974 $ 26,360,974
Sewer $ 27,500 $ 27,500
Storm Sewer $ 202,570 $ 202,570
Water $ 8,190 $ 8,190
Electric $ 400,000 $ 400,000
Private Streets $ 264,990 $ 264,990
Trails $ 85,145 $ 85,145
Site preparation/Dirt Work $ 356,861 $ 356,861
Façade Enhancement $ 1,167,417 $ 1,167,417
Architecture/Engineering $ 1,336,827 $ 1,336,827
Financing Fees $ 944,011 $ 944,011
Legal $ 20,000 $ 20,000
Developer Fees 1,485,774$ $ 1,485,774
Audit Fees $ 20,000 $ 20,000
Contingency $ 1,373,274 $ 1,373,274
Working Capital $ 2,067,409 $ 2,067,409
Capitalized Interest $ 1,439,087 $ 1,439,087
Govt. Fees and Expenses $ 240,000 $ 240,000
Mkt Research, Feasibility & Planning $ 100,000 $ 100,000
Marketing Expenses $ 785,000 $ 785,000
Property Taxes during Const. $ 4,000 $ 4,000
Debt Service Reserve $ 2,606,641 $ 2,606,641
Pre-Open Salaries $ 19,000 $ 19,000
Tax Study $ 5,000 $ 5,000
Personal Property $ 2,512,000 $ 2,512,000
$ -
TOTALS $ 5,329,165 $ 39,857,170 $ 45,186,335
Source of Funds
Tax Revenue. The property to be redeveloped has a January 1, 2020 valuation of
approximately $80,599. Based on the 2019 levy this would result in a real property tax of
approximately $1,800. It is anticipated that the assessed value will increase by $15,033,522 upon
full completion, as a result of the site redevelopment. This development will result in an
estimated tax increase of over $341,823 annually resulting in approximately $5,127,344 of
increment over the 15 year period. The tax increment gained from this Redevelopment Project
Area would not be available for use as city general tax revenues, for a period of 15 years, or such
shorter time as may be required to amortize the TIF bond, but would be used for eligible private
redevelopment costs to enable this project to be realized.
Grand Island Regular Meeting - 1/8/2020 Page 41 / 59
Estimated 2020 assessed value: $ 80,599
Estimated value after completion $ 15,383,121
Increment value $ 15,302,522
Annual TIF generated (estimated) $ 348,350
TIF bond issue $ 5,127,334
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $80,599. The
proposed extension improvements at this location will result in at least an additional
$15,303,522 of taxable valuation based on the Hall County Assessor’s office evaluation
of the project. No tax shifts are anticipated from the project. The project creates
additional valuation that will support taxing entities long after the project is paid off. The
project will not add any tax burdens to taxing entities. Therefore no tax shifts will occur.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed uses at this site would provide for expansion of nursing home jobs within
the area and compete with similar facilities located in and locating in the City.
(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 project is may result in increased demand for nursing home employees and have
impact on other similar employers and employees within the city.
(e)Impacts on the student population of school districts within the city or village;
and
This project is unlikely to create any direct increase in cost for schools in the area. This
development will be limited to serve seniors and those needing nursing/memory care.
(f) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
Grand Island Regular Meeting - 1/8/2020 Page 42 / 59
This project will continue growth along the 281 corridor in the direction of I-80.
Time Frame for Development
Development of this project is anticipated to be completed between April of 2020 and
August of 2021. The base tax year should be calculated on the value of the property as of
January 1, 2020. Excess valuation should be available for this project for 15 years
beginning in 2021 with taxes due in 2022. Excess valuation will be used to pay the TIF
Indebtedness issued by the CRA per the contract between the CRA and the developer for
a period not to exceed 15 years or an amount not to exceed $5,127,334 the projected
amount of increment based upon the anticipated value of the project and current tax rate
and the eligible activities.
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Grand Island Regular Meeting - 1/8/2020 Page 44 / 59
Resolution Number 2020-04
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 Phase 3 of Prairie
Commons for Tabitha Grand Island Inc. 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: January 8, 2020
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
Grand Island Regular Meeting - 1/8/2020 Page 45 / 59
Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item F4
Public Hearing - Zoning Change - Readoption of the Wood River
Zoning Map with Proposed Changes
Staff Contact:
Grand Island Regular Meeting - 1/8/2020 Page 46 / 59
ChadN J:\2019-2020 RPC Meetings\04 January\C-09-2020WR_Wood River Zoning Map\Directors Recommendation WR Zoning Map Readoption C-09-
2020WR.doc Last printed 12/30/2019 1:56:00 PM Page 1
Agenda Item #8
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
December 27, 2019
SUBJECT: Concerning the re-adoption of the City of Wood River Zoning Map as produced using the Hall County
Geographic Information System as the official zoning map for the City of Wood River. (C-09-2020WR)
PROPOSAL:
The effective date of the last Wood River Zoning Map was December 31, 2018. The Wood River City Council
approved using a map produced from the Hall County GIS as the official zoning map for the City of Wood River.
The City of Wood River occasionally re-adopts the zoning map incorporating all changes since the last re-
adoption of the entire map along with other changes as recommended by staff and the Hall County Regional
Planning Commission. This will allow a newly revised and adopted copy of the map to be printed for official use by
Council, staff and the general public. The Wood River City Council has reviewed the map and is suggesting
changes that are consistent with the comprehensive plan and the existing development within the City. Prior to
considering such changes they are asking for a recommendation of the planning commission. This hearing is
being held for those purposes. This map will also serve to give notice to all parties that the Wood River City limits
and 1 mile extraterritorial jurisdiction is as shown on the map.
BACKGROUND:
No zoning changes have been approved since readoption of the zoning map in 2018
No property has been annexed since the readoption of the zoning map in 2018.
The Wood River City Council at the request of concerned citizens has reviewed the current zoning map and found
that the zoning of certain areas north of downtown is inconsistent with the current and historic uses of those
properties. The Wood River City Council is considering changes for properties located generally between Dodd
and Marshall Streets and Eighth and Ninth Streets from BG General Business to R-6 Medium Density Residential
and on both sides of Ninth Street between Marshall and West Street from BGC Central General Business Zone to
R-6 Medium Density Residential in order to encourage the upkeep and resale of these residential units.
ANALYSIS
Staff is recommending approval of the proposed changes as they are consistent with the intent of the
Comprehensive Plan and Future Landuse Map that show a mix of residential and commercial uses on these
blocks. The Wood River Comprehensive plan was updated and adopted in December of 2015.
This revised zoning map serves to notify any and all interested parties of the current boundaries of the City of
Wood River, the extents of the extraterritorial jurisdiction for the City of Wood River and the zoning of property
within the jurisdiction of the City of Wood River.
RECOMMENDATION:
That the Regional Planning Commission recommends that the City Council of Wood River adopt this map as
presented as the official Zoning Map for the City of Wood River.
____________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 1/8/2020 Page 47 / 59
ChadN J:\2019-2020 RPC Meetings\04 January\C-09-2020WR_Wood River Zoning Map\Directors Recommendation WR Zoning Map Readoption C-09-
2020WR.doc Last printed 12/30/2019 1:56:00 PM Page 2
Grand Island Regular Meeting - 1/8/2020 Page 48 / 59
Grand Island Regular Meeting - 1/8/2020 Page 49 / 59
Grand Island Regular Meeting - 1/8/2020 Page 50 / 59
Hall County Regional Planning
Commission
Wednesday, January 8, 2020
Regular Meeting
Item F5
Public Hearing - Regulation Change- Chapter 36 of the Grand
Island City Code Article XI Wireless Communications Towers
Staff Contact:
Grand Island Regular Meeting - 1/8/2020 Page 51 / 59
Agenda Item # 8
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
December 27, 2019
SUBJECT:
Concerning proposed amendments to Article XI Wireless Communication
Towers Section 36-168 to 36-187 (C-10-2020GI)
PROPOSAL:
To amend and update the telecommunications section of the City of Grand Island Zoning
Ordinance to reflect changes in technology and federal and state rules and laws.
OVERVIEW:
The Grand Island Legal Department and Hall County Regional Planning
Department have been working with Bob Duchen an attorney with River Oaks
Communications Corporation in Colorado Springs CO since the fall of 2018. We
were aware that the FCC was making changes to rules regarding cell towers
specifically those for micro-cell towers located on light poles and other utility
poles within the street right-of-way. As part of that review Mr. Duchen has made
suggestions for changes to the Grand Island Zoning Ordinance to update the
rules for Macro Cell Towers located on private property.
The Grand Island Legal and Planning Departments along with representatives
from Grand Island Utilities, Public Works and Building departments have
reviewed and modified the proposed changes to fit Grand Island for macro cell
towers located on private property.
A companion ordinance regulating and authorizing the use of public right-of-way
by wireless telecommunications companies will be presented to Council along
with these proposed changes to Chapter 36.
All of the proposed regulations changes are compliant with the current FCC
Rules and Nebraska State Statutes.
A red line copy of the changes to Chapter 36 is attached.
Grand Island Regular Meeting - 1/8/2020 Page 52 / 59
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island
City Council approve the changes to the Grand Island Zoning Ordinance as
presented.
___________________ Chad Nabity AICP, Planning Director
Grand Island Regular Meeting - 1/8/2020 Page 53 / 59
Article XI. Macro Cell Towers
§36-168. Purpose
The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act)
grants the Federal Communications Commission (FCC) jurisdiction over certain aspects of
telecommunications services. This Article is intended to regulate macro cell towers, telecommunications
facilities and antennas in the City in conformance with the Act without prohibiting or intending to prohibit
any person from providing wireless communications services. Telecommunications facilities, towers and
antennas in the City shall be constructed in a way to protect residential areas and land uses from potential
adverse impact through careful design, siting, and camouflaging, to promote and encourage shared
use/collocation of towers and other antenna support structures rather than the construction of additional
single use towers, to avoid potential damage to property caused by towers, telecommunications facilities
and antennas by ensuring such structures are soundly and carefully designed, constructed, modified,
maintained, repaired and removed when no longer used or are determined to be structurally unsound and to
ensure that towers and antennas are compatible with surrounding land uses.
§36-169. Definitions
As used in this Article, the following terms shall have the following meanings:
Antenna means communications equipment that transmits or receives electromagnetic radio frequency
signals used in providing wireless services.
Antenna Support Structure means any building or structure other than a tower which can be used for
the location of telecommunications facilities.
Applicant means any person that applies for a Tower Development Permit.
Application means a process by which the owner of a tract of land within the zoning jurisdiction of
the City submits a request to develop, construct, modify, or operate a tower upon such tract of land.
The term application includes all written documentation, verbal statements, and representations, in
whatever form or forum, made by an applicant to the City concerning such request.
Engineer means any engineer qualified and licensed by the State of Nebraska.
Owner means any person owning personal property, or real property with fee simple title or a
leasehold exceeding (ten) 10 years in duration to any tract of land within the zoning jurisdiction of the
City who desires to develop, construct, modify, or operate a tower upon such tract of land.
Person means an individual, a corporation, a limited liability company, a partnership, an
association, a trust, or any other entity or organization.
Stealth means any telecommunications facility, tower, or antenna which is designed to enhance
compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-
mounted antennas, antennas integrated into architectural elements, and towers designed to look other
than like a tower such as light poles, power poles and trees.
Telecommunications Facilities means any cables, wires, lines, antennas, or any other equipment or
facilities associated with the transmission or reception of communications signals which a person seeks
to locate or has installed upon or near a tower or antenna support structure. However,
telecommunications facilities shall not include:
(1) Any satellite dish two (2) meters in diameter or less which is located on real estate zoned AG,
TA, RO, B1, B2, B3, M1, M2, M3 and ME.
(2) Any satellite dish of one (1) meter or less in diameter, regardless of the zoning applicable to
the location of the satellite dish.
Tower means a self-supporting lattice, guyed, or monopole structure which supports
Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio
operators equipment as licensed by the FCC or a structure supporting an antenna serving residential
premises or dwelling units exclusively.
Tower Development Permit means a permit issued by the City upon approval by the Mayor and City
Council of an application to develop a tower within the zoning jurisdiction of the City; which permit
shall continue in full force and effect for so long as the tower to which it applies conforms to this
Article. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the
permit’s duration and may be transferred, conveyed and assigned by the applicant to assignees and
successors-in-interest.
Grand Island Regular Meeting - 1/8/2020 Page 54 / 59
Tower Owner means any person with an ownership interest of any nature in a proposed or existing
tower following the issuance of a Tower Development Permit.
All terms in this Article which are not specifically defined herein shall be construed in accordance
with the Communications Act of 1934, the Telecommunications Act of 1996 and the Orders, Rules and
Regulations of the Federal Communications Commission (FCC).
§36-170.Location Of Towers, Construction Standards and Collocation
(A) Towers shall be permitted conditional uses of land in only those zoning districts where specifically
listed and authorized in this code.
(B) No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning
jurisdiction of the City prior to approval of its application for a Tower Development Permit by the Mayor
and City Council and issuance of the permit by the City. Applicants shall submit their application for a
Tower Development Permit to the Building Department in triplicate and shall pay a filing fee in accordance
with the City of Grand Island Fee Schedule.
(C) All towers, telecommunications facilities and antennas on which construction is commenced within
the zoning jurisdiction of the City after ____________, 2020, shall conform to the Building Code and all
other construction standards set forth in the City Code, federal and state law, and applicable Industry
standards. Upon completion of construction of a tower and prior to the commencement of use, an
engineer's certification that the tower is structurally sound and in conformance with all of the
aforementioned applicable regulatory standards shall be filed with the Building Department.
(D) It is the policy of the City to minimize the number of towers and to encourage the collocation of
antennas of more than one wireless services provider on a single tower.
§36-171. Application To Develop A Tower
Prior to commencement of development or construction of a tower, an application shall be submitted in
triplicate to the Building Department for a Tower Development Permit and shall include the following:
(A) The name, address and telephone number of the owner and if applicable, the lessee of the tract of land
upon which the tower is to be located. Applicants shall include the owner of the tract of land and all
persons having an ownership interest in the proposed tower. The application shall be executed by all
applicants.
(B) The legal description and address of the tract of land on which the tower is to be located.
(C) The names, addresses and telephone numbers of all owners of other towers or useable antenna support
structures within a one (1) mile radius of the location of the proposed tower, including publicly and
privately owned towers or structures.
(D) An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain
permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna
support structure within a one (1) mile radius of the proposed tower location or written technical evidence
from an engineer that the applicant's telecommunications facilities cannot be installed or collocated on
another tower or useable antenna support structure within a one (1) mile radius of the proposed tower
location.
(E) Written evidence from an engineer that the proposed tower will meet the Building Code, all other
construction standards set forth by the City Code and federal and state law and applicable Industry
standards.
(F) Color photo simulations showing the proposed location of the tower with a photo-realistic
representation of the proposed tower as it would appear viewed from the nearest residential zoned property
and nearest roadway, street or highway.
(G) A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-
site land uses and zoning district, adjacent land uses and zoning districts (including when adjacent to other
municipalities or the County), adjacent roadways, a depiction of all proposed transmission equipment,
proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed
tower and any other structures, topography, landscaping, fencing, and finished color, method of camouflage
and illumination, parking, utility runs and other information deemed necessary to assess compliance with
this Article.
(H) A clear and complete written statement of purpose which shall minimally include: (a) a description of
the objective to be achieved; (b) a to-scale map that identifies the proposed site location and the targeted
service area to be benefited by the proposed project; and (c) full-color signal propagation maps with
Grand Island Regular Meeting - 1/8/2020 Page 55 / 59
objective units of signal strength measurement that show the applicant’s current service coverage levels
from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites
with the proposed site, and predicted service coverage levels from the proposed site without all adjacent
sites. These materials shall be reviewed and signed by a Nebraska-licensed professional engineer.
(I) Descriptions and diagrams of the proposed tower, telecommunications facilities and antennas,
manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other
security enclosures with sufficient detail to allow persons reviewing the application to understand the kind
and nature of the proposed facility.
(J) An application for a building permit pursuant to Chapter 8 of the City Code.
§36-172. Tower Development Permit, Procedure and Factors
After receipt of an application for a Tower Development Permit, the City Clerk shall schedule a
public hearing before the City Council to consider such application. Notice of such application shall be
placed in a newspaper of general circulation in the City at least one (1) time ten (10) days prior to such
hearing. In addition to the publication, the City Clerk shall cause a notice to be posted in a conspicuous
place on the property on which action is pending. Such notice shall be not less than eighteen (18) inches in
height and twenty four (24) inches in width with a white or yellow background and black letters not less
than one and one-half (1½) inches in height. Such posted notice shall be so placed upon the premises so
that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to
the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such
posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The
public hearing shall be held at which all interested parties shall be heard. The City Council may approve a
Tower Development Permit as requested in the pending application with any conditions or safeguards it
deems reasonable and appropriate based upon the application and input received at the public hearing or
deny the application. In all zoning districts in which towers are a permitted conditional use of land, the
Tower Development Permit shall be deemed a conditional use permit for said tract of land.
§36-173. Preferred Tower Locations
(A) All new towers are permitted only after application of the following siting priorities, ordered from
most-preferred (1) to least-preferred (5):
(1) manufacturing zones;
(2) commercial zones;
(3) other non-residential zoning districts;
(4) parcels of land in residential zoning districts;
(5) designated historic districts.
(B) The applicant for a tower shall address these preferences in an alternative sites analysis prepared
pursuant to §36-174 below.
§36-174. Alternative Sites Analysis
(A) For a tower, the applicant must address the City’s preferred tower locations with a detailed
explanation justifying why a site of higher priority was not selected. The City’s tower location preferences
must be addressed in a clear and complete written alternative sites analysis that shows at least three (3)
higher ranked, alternative sites considered that are in the geographic range of the service coverage
objectives of the applicant, together with a factually detailed and meaningful comparative analysis between
each alternative candidate and the proposed site that explains the substantive reasons why the applicant
rejected the alternative candidate.
(B) A complete alternative sites analysis provided under this subsection may include less than three (3)
alternative sites so long as the applicant provides a factually detailed written rationale for why it could not
identify at least three (3) potentially available, higher ranked, alternative sites.
(C) For purposes of disqualifying potential collocations or alternative sites for the failure to meet the
applicant’s service coverage or capacity objectives the applicant will provide (a) a description of its
objective, whether it be to address a deficiency in coverage or capacity; (b) detailed maps or other exhibits
with clear and concise Radio Frequency (“RF”) data to illustrate that the objective is not met using the
alternative (whether it be collocation or a more preferred location); and (c) a description of why the
alternative (collocation or a more preferred location) does not meet the objective.
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§36-175. Setbacks and Separation or Buffer Requirements
(A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the
underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in
height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet, except
where such setback is from property owned, controlled and/or maintained by the City of Grand Island and
the City Council finds in granting the permit that reducing such additional setback will not cause harm to
the intended use of the public property. The height of a tower shall be measured from the grade at the foot
of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback
requirements shall be measured from the base of the tower to the property line of the tract of land on which
it is located.
(B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district
and must be separated from all residential zoned land and occupied structures other than those utilized by
the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of
the proposed tower, whichever is greater.
(C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts
provided said tower is separated from any residential structure, school, church, and/or occupied structures
other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of
the proposed tower.
(D) Towers must meet the following minimum separation requirements from other towers:
(1) Monopole tower structures shall be separated from all other towers, whether monopole, self-
supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet.
(2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed
towers by a minimum of one thousand five hundred (1,500) feet.
6.§36-17 Illumination and Security Fences
(A) Towers shall not be artificially lighted except as required by the Federal Aviation Administration
(FAA). In cases where there are residential zoned properties located within a distance of 300% of the
height of the tower, any tower subject to this Article shall be equipped with lighting that minimizes its
effect on residential zoned properties.
(B) All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure
designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner
which will preclude to the extent practical, unauthorized climbing of said structure.
§36-177. Exterior Finish, Notice, Signs and Visual Impact
Exterior Finish. Towers shall have an exterior finish which enhances compatibility with adjacent land uses,
subject to review and approval by the City Council as part of the application approval process.
(B) Notice. For purposes of this Article, any Tower Development Permit shall require notice to
surrounding property owners located within two hundred (200) feet of the legal boundary of the real
property where the tower is to be located. An applicant or its designee shall provide this list to the City.
(C) Signs. No tower may bear any signage or advertisement(s) other than signage required by law or
expressly permitted or required by the City.
(D) Visual Impact. All towers are encouraged to be sited and designed to minimize adverse visual impacts
on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent
with the proper functioning of the tower.
§36-178. Landscaping
All tracts of land on which towers, antenna support structures, telecommunications facilities
and/or antennas are located shall be subject to the landscaping requirements of the City Code.
§36-179. Maintenance, Repair or Modification of Existing Towers
All towers constructed or under construction on February 1, 1998 may continue in existence as a
non-conforming structure and may be maintained or repaired without complying with any of the
requirements of this Article. Nonconforming structures or uses may not be enlarged or the degree of
nonconformance increased without complying with this Article, including applying for and obtaining a
Tower Development Permit. Any modification or reconstruction of a tower constructed or under
construction after February 1, 1998, shall require compliance with the requirements of this Article
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including applying for and obtaining a Tower Development Permit. Said application shall describe and
specify all items which do not comply with this Article and may request, subject to approval by the Mayor
and City Council, an exemption from compliance as a condition of the Tower Development Permit.
§36-180. Inspections
(A) The City reserves the right to conduct an inspection of towers, antenna support structures,
telecommunications facilities and antennas upon reasonable notice to the tower owner or operator to
determine compliance with this Article and to prevent structural and equipment failures and accidents
which may cause damage, injuries or nuisances to the public. Inspections may be made to determine
compliance with the Building Code and any other construction standards set forth in the City Code, federal
and state law or applicable Industry standards.
(B) If, upon inspection, the City concludes that a tower, antenna support structure, telecommunications
facilities or antennas fail to comply with codes or standards and constitute a danger to persons or property,
then upon written notice being provided to the owner, the owner shall have sixty (60) days to bring such
into compliance with the codes and standards. Failure to bring such into compliance within said sixty (60)
days shall constitute grounds for removal at the owner’s expense.
§36-181. Maintenance
The towers, antenna support structures, telecommunications facilities and antennas shall at all
times be kept and maintained in good condition, order and repair so that the same do not constitute a
nuisance to or a danger to the life or property of any person or the public.
§36-182. Abandonment
If any tower shall cease to be used for a period of three hundred sixty-five (365) days, the Building
Department shall notify the tower owner that the site will be subject to a determination by the Building
Department Director that the site has been abandoned. Upon issuance of a Notice to Show Cause by the
Building Department Director, the tower owner shall have thirty (30) days to show by a preponderance of
the evidence that the tower has been in use or under repair during the period of apparent abandonment. In
the event the tower owner fails to show that the tower has been in use or under repair during the relevant
period, the Building Department Director shall issue a final determination of abandonment of the site and
the tower owner shall have seventy five (75) days thereafter to dismantle and move the tower. In the event
the tower is not dismantled and removed, the tower shall be declared a public nuisance by the Building
Department Director, or his/her designee and a written request shall be directed to the City Attorney to
proceed to abate said public nuisance pursuant to §20-15 of the Grand Island City Code, and charge the
costs thereof against the real estate on which the tower is located or the owner of record of the said real
estate.
§36-183. Certificate of Completion, Compliance and Appearance
(A) A certificate of completion will only be granted upon satisfactory evidence that the tower was
installed in substantial compliance with the approved plans and photo simulations.
(B) If it is found that the tower does not substantially comply with the approved plans and photo
simulations, the applicant shall make any and all such changes required to bring the tower into compliance
promptly.
(C) The site and tower, including all landscaping, fencing and related transmission equipment must be
maintained at all times in a neat and clean manner and in accordance with all approved plans.
(D) All graffiti at a tower site must be removed at the sole expense of the permittee after notification by
the City to the owner or operator of the tower.
(E) If any FCC, State or other governmental license or any other governmental approval to provide
communication services is ever revoked as to any tower site permitted or authorized by the City, the
permittee must inform the City of the revocation within thirty (30) days of receiving notice of such
revocation.
§36-184. Satellite Dish Regulations
After February 1, 1998, installation of satellite dish antennas shall be permitted within the zoning
jurisdiction of the City of Grand Island only upon compliance with the following criteria:
(B
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(A) Single family residences may not have more than one (1) satellite dish.
(B) Multiple family residences with ten or less dwelling units may have no more than one (1) satellite
dish. Multiple family residences with more than ten (10) dwelling units may have no more than two (2)
satellite dishes.
(C) In residential zoning districts, a satellite dish shall not be installed in the required front yard setback
area or side yard setback area.
(D) All satellite dishes installed within the zoning jurisdiction of the City after February 1, 1998, shall be
of a neutral color such as black, gray, brown, or such other color as will blend with the surrounding
dominant color in order to camouflage the dish.
§36-185. Severability
If any clause, section, or any other part of this Article shall be held invalid or unconstitutional by
any court of competent jurisdiction, the remainder of this Article shall not be affected thereby, but shall
remain in full force and effect.
186. Conflicts
These Macro Cell Towers regulations are in addition to other regulations in the City Code. In case
of a conflict between regulations, the more restrictive shall apply.
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