12-01-2021 Regional Planning Regular Meeting Packet
Hall County Regional
Planning Commission
Wednesday, December 1, 2021
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
Grand Island Regular Meeting - 12/1/2021 Page 1 / 94
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, December 1, 2021
Regular Meeting
Item A1
Meeting Agenda 12/1/21
Staff Contact:
Grand Island Regular Meeting - 12/1/2021 Page 3 / 94
AGENDA AND NOTICE OF MEETING
Wednesday, December 1, 2021
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 November 3, 2021.
3. Request Time to Speak.
4. Presentation of 2021 Community Beautification Award
5. Public Hearing – Redevelopment Plan-Grand Island. Public Hearing Concerning a
redevelopment plan for CRA Area No. 6 to allow for redevelopment of property located north
of State Street and west of Wheeler Avenue in Grand Island, Hall County, Nebraska. The
request calls for redevelopment of this property for residential uses. Resolution 2022-03 (C-
09-2022GI)
6. Public Hearing – Proposed CRA Area #35- Grand Island Proposed CRA Area #35 located
north of Capital Avenue and east of Engleman Road (Old Engleman School). Resolution
2022-04 (C-10-22GI)
7. Public Hearing – Proposed CRA Area #36- Grand Island Proposed CRA Area #36 on
either side of Independence Avenue south of Nebraska Highway 2 Resolution 2021-05 (C-11-
22GI)
8. Public Hearing Proposed Changes to the Wood River Zoning Ordinance – Wood
River Public Hearing to consider changes to the BGC and GC Commercial Zoning
Districts in Wood River to permit residential uses. (C-12-22WR)
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9. Request for Conservation Easement – Hall County- Concerning a Conservation Easement
for the Wetlands Reserve Program comprising a part of the South Half (S1/2) of Section
Thirty-Six (36), Township Ten (10) North, Range Nine (09) West of the 6th P.M. (Discussion,
Action) (C-13-22 HC)
10. Final Plat - WWTP Subdivision- Grand Island- Located west of Shady Bend Road and
north of the BNSF rail road tracks in Grand Island, Nebraska. (2 lots, 95.986 acres). This
property is zoned M2 Heavy Manufacturing and TA Transitional Agriculture.
11. Directors Report
Comprehensive Plan Update
Hazard Mitigation Plan Update
12. Next Meeting January 5, 2022.
13. 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.
Grand Island Regular Meeting - 12/1/2021 Page 5 / 94
Staff Summary December 2021 Page 1
Staff Recommendation Summary
For Regional Planning Commission Meeting
September 1, 2021
4. Presentation of the 2021 Community Beautification Award
5. Public Hearing Consideration of a Site Specific Redevelopment Plan
for CRA Area #6 Lot 2 of Skag-Way Fourth Subdivision, Lots 1 and 2
of Nattrass Subdivsion and Lot 9 of Home Subdivision -Grand Island
Concerning an amendment to the redevelopment plan for CRA Area No.
6 for property located north of State Street and west of Wheeler Avenue.
The request calls for redevelopment of this property for residential uses.
A resolution has been prepared. (C-10-22GI) See Full Recommendation
(Hearing, Discussion, Action)
6. Public Hearing – Proposed Substandard and Blight Area 35
Concerning a study to determine if the proposed CRA Area #35 qualifies
as substandard and blighted and to forward a recommendation on the
study to the Grand Island City Council. Proposed CRA Area #35 is
approximately 3.4 acres of property in northwest Grand Island north of
Capital Avenue and east of Engleman Road (old Engleman School). A
resolution has been prepared. (C-10-22GI). See Full Recommendation
(Hearing, Discussion Action)
7. Public Hearing – Proposed Substandard and Blight Area 36
Concerning a study to determine if the proposed CRA Area #36 qualifies
as substandard and blighted and to forward a recommendation on the
study to the Grand Island City Council. Proposed CRA Area #36 is
approximately 55.4 acres of property in northwest Grand Island on either
side of Independence Avenue south of Nebraska Highway 2. A resolution
has been prepared. (C-11-22GI). See Full Recommendation (Hearing,
Discussion Action)
8. Public Hearing – Proposed Changes of the Commercial Districts
Zoning in Wood River. The Wood River City Council has requested that
the Hall County Planning Commission make a recommendation on
permitting residential uses in the BGC and GC Commercial zoning
Districts in Wood River. (C-12-2021GI) See Full Recommendation
(Hearing, Discussion, Action)
9. Request for Conservation Easement – Hall County- Concerning a
Conservation Easement for the Wetlands Reserve Program comprising a
part of the South Half (S1/2) of Section Thirty-Six (36), Township Ten (10)
North, Range Nine (09) West of the 6th P.M. The property is located south
of the Lowry Road east of Shady Bend Road. The proposed easement
would permanently protect wetlands on this property through the NRCS
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Staff Summary December 2021 Page 2
wetland reserve program. This property is located in the jurisdiction of
Hall County. Per state statutes they can consider approval of the
easement after a recommendation from the planning commission or 60
days after referral. This item was referred to the planning commission on
November 9, 2021. (Discussion, Action) (C-13-22 HC)
10. Final Plat - WWTP Subdivision- Grand Island- Located west of Shady
Bend Road and north of the BNSF rail road tracks in Grand Island,
Nebraska. (2 lots, 95.986 acres). This property is zoned M2 Heavy
Manufacturing and TA Transitional Agriculture. This plat consolidates all
of the property owned by the City of Grand Island for the waste water
treatment plant into 2 lots.
11. Director’s Report
Hazard Mitigation Plan Update City and county staff have been working
with the Central Platte NRD and JEO Consulting on the update of the
Hazard Mitigation Plan.
Comprehensive Plan Update – Grand Island and Hall County
Next Meeting January 5, 2022.
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Hall County Regional Planning
Commission
Wednesday, December 1, 2021
Regular Meeting
Item E1
Meeting Minutes 11/3/21
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
November 3, 2021
The meeting of the Regional Planning Commission was held Wednesday, November 3, 2021 at
City Hall – Grand Island, Nebraska. Notice of this meeting appeared in the “Grand Island
Independent” on October 23, 2021.
Present: Leslie Ruge Nick Olson Tyler Doane
Pat O’Neill Leonard Rainforth
Jaye Monter Darrell Nelson
Greg Robb Hector Rubio
Absent: Judd Allan, Robin Hendricksen and Tony Randone
Other:
Staff: Chad Nabity and Rashad Moxey
Press: Brandon Summers
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. She 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.
Grand Island Regular Meeting - 12/1/2021 Page 9 / 94
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 October 6, 2021 meeting.
A motion was made by Rainforth and second by Nelson to approve the minutes
of the October 6, 2021 meeting.
The motion carried with nine members voting in favor (O’Neill, Ruge, Nelson,
Rainforth, Olson, Robb, Rubio, Monter, and Doane) and no members voting no.
3.Request Time to Speak.
Amos Anson, 4234 Arizona Ave, Grand Island, NE – Item #5
Albert Moeller, 3829 South Blaine Street, Grand Island, NE – Item #4
Andrew Toupin, 1733 Ingalls, Grand Island, NE – Item #4
4.Public Hearing – Rezoning – Grand Island. Public Hearing regarding the rezoning
in the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the
Southeast Quarter of Section 25, Township 11 North, Range 10 west of the 6th P.M.,
Hall County, Nebraska. This property is located north of Husker Highway and west of
Prairieview Street in the City of Grand Island. The request would rezone property from
R2 Low Density Residential to RD Residential Development Zone. (C-08-2022GI)
(C-02-2022GI)
a.Preliminary – Legacy 34 Subdivision – Grand Island – Located north of Husker
Highway and west of Prairieview Street in the City of Grand Island. (313 lots,
197.14 acres). This property is zoned R2 Low Density Residential and M1 Light
Manufacturing with proposed zoning changes as development occurs.
b.Final Plat – Legacy 34 Subdivision – Grand Island – Located north of Husker
Highway and west of Prairieview Street in the City of Grand Island. (12 lots,
5.4 acres). This property is under construction for rezoning to RD Residential
Development Zone.
O’Neill opened the public hearing:
Nabity stated the application has been made to rezone 5.43 acres of property proposed
for platting as Legacy 34 Subdivision from R2 Low Density Residential Zone to RD
Residential Development Zone. The developers are proposing to build nine apartment
buildings (90 units) on the property. This property will be subject of many rezoning
applications as it moves forward. The proposed development is consistent with the
comprehensive plan. Staff is recommending approval.
Albert Moeller, 3829 South Blaine Street, Grand Island, NE stated the project is north
of his property. Mr. Moeller’s concern is how will the water flow be maintained so it
does not back up.
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Andrew Toupin, 1733 Ingalls, Grand Island, NE, an engineer with Olsson Associates,
stated there is a wetland located in the southwest corner of the property and the
development is staying away from it. Toupin explained how water from the wetland
flows south underneath Husker Highway and then east. He explained, during the first
phase of the project a detention cell will be created to help with drainage and water
from the development will not drain into the wetland because the land would not be
graded to drain in that direction. Mr. Toupin later explained water from the project site
would generally flow north through the pond system being developed with the project
Commissioner Robb asked if water from the south husker Highway will be retained on
site. Toupin showed on a map how water will flow, and noted with the possible
expansion of Husker Highway drainage issues will be considered.
Commissioner Rainforth asked about the retention capacity level of the detention cell.
Tupin explained that it would retain a 100 year flood event well over the required 50
year event by the State.
O’Neill closed the public hearing
A motion was made by Ruge and second by Robb to approve rezoning from R2 Low
Density Residential to RD Residential Development Zone.
The motion was carried with nine members voting yes (Nelson, O’Neill, Ruge, Olson,
Robb, Monter, Rainforth, Rubio and Randone) and no members voting no.
O’Neill stated each final plat brought forward will also include a drainage plan.
A motion was made by Ruge and second by Rubio to approve the preliminary and final
plat for Legacy 34.
The motion was carried with nine members voting yes (Nelson, O’Neill, Ruge, Olson,
Robb, Monter, Rainforth, Rubio and Randone) and no members voting no.
5.Discussion – Potential Changes to Parking Requirement for Collective Parking
Facilities
Nabity explained a request to make changes to the parking requirments has been
submitted. Nabity noted that the Planning and Building Departments are working
together to make possible updates to the requirements and is using the parking
requirements for the Downtown area as a reference and starting point.
Amos Anson, 4234 Arizona Ave, Grand Island, NE, explained that the
reduction in parking requirements can potentially help developer reduce the cost
of the project and allow for more greenspace amenities.
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6.Updates to Hall County Zoning Regulations
Nabity informed Commissioners that staff was working on updates to the Hall County
Regulations similar to those done for Alda and Doniphan and that staff would be
brining those forward soon.
7.Director’s Report -
Community Beautification Award – will be awarded at the December meeting
Comprehensive Plan Update – working on RFP will be sent out mid-January.
Hazard Mitigation Plan Update – Moving forward.
8. Next Meeting December 1, 2021.
9.Adjourn.
O’Neill adjourned the meeting at 6:38 p.m.
___________________________________________
Leslie Ruge, Secretary
By Norma Hernandez
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Hall County Regional Planning
Commission
Wednesday, December 1, 2021
Regular Meeting
Item F1
Public Hearing - Redevelopment Plan - Grand Island - Public
Hearing Concerning a redevelopment plan for CRA Area No. 6 to
allow for redevelopment of property located north of State Street
and west of Wheeler Avenue in Grand Island, Hall County,
Nebraska.
Staff Contact:
Grand Island Regular Meeting - 12/1/2021 Page 13 / 94
Agenda Item #5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
November 23, 2021
SUBJECT:
Redevelopment plan amendment for property located in Blight and Substandard Area 6,
located at east of Wheeler Avenue, north of State Street and Blessed Sacrament Church
and east of Super Saver at Five Points in Grand Island, Nebraska to support this
development. (C-09-22GI)
PROPOSAL:
In 2014 Super Market Developers, Inc., the developer of the Five Points Super Saver
originally intended to develop the lot to the east of their store for inline commercial and
an outlot for a restaurant. In 2018 they sold the property to the east of their store to Ray
O’Conner without proceeding with further development as the market would not have
supported that development. Mesner Development of Central City has acquired an
option on the lot east of Super Saver and the property north of Blessed Sacrament that
extends to Wheeler Avenue. They are proposing to redevelop this property with
between 64 and 72 duplex style town house units.
Attached is an amended plan that addresses the changes proposed for the plan
presented by Super Market Developers in 2014 and add the additional property to the
site specific redevelopment plan.
OVERVIEW:
The purpose of the CRA and the designated blight and substandard areas is to provide
incentives for development in underdeveloped areas of the community. This project will
provide commercial development in a location that is intended for these uses. This
redevelopment as proposed includes a significant amount of private funding in an older
commercial district. 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. The area is planned for a combination of
commercial and residential development. The proposed use would allow densities at
the consistent with the low to medium density residential districts. The developers have
requested that the Planning Commission and Council rezone this entire property to R3-
SL Medium Density Small Lot zoning district at their meetings in January to facilitate the
development of this property and such rezoning is supported by the comprehensive
development plan.
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The Regional Planning Commission recommendation is limited to the appropriateness
of the proposed use at this location. The Grand Island Comprehensive Plan calls for
residential development across a majority of this site and the commercial zoning
districts also allow for higher density residential development at this location.
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 commercial uses
including a new grocery store at this location appears to be supported by the plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that City Council approve of the
redevelopment plan amendment as submitted. A resolution is attached for your
consideration.
___________________ Chad Nabity AICP, Planning Director
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Redevelopment Plan Amendment
Grand Island CRA Area 6
June 2014 Amended November 2021
The Community Redevelopment Authority (CRA) of the City of Grand Island
intends to amend the Redevelopment Plan for Area 6 within the city, pursuant to
the Nebraska Community Development Law (the “Act”) and provide for the
financing of a specific infrastructure redevelopment related projects in Area 6.
Executive Summary:
Project Description
THE ACQUISITION OF PROPERTY AT FIVE POINTS EAST OF BROADWELL
AVENUE AND NORTH OF STATE STREET BY THE DEVELOPER AND
SUBSEQUENT SITE PREPARATION, DEMOLITION, UTILITY IMPROVEMENTS,
LANDSCAPING AND PARKING IMPROVEMENTS NECESSARY FOR BUILDING
A NEW GROCERY STORE, INLINE RETAIL SPACE AND RESTAURANT SPACE
RESIDENTIAL DEVELOPMENT INCLUDING UP TO 70 TOWNHOUSES IN 2 AND
3 UNIT CONFIGURATIONS AT THIS THE LOCATION IDENTIFIED.
The use of Tax Increment Financing (“TIF”) to aid in the acquisition of property,
demolition of existing structures, necessary site work and installation of public utilities
and street improvements necessary to redevelop this site. The use of TIF makes it feasible
to complete all of the phases of the proposed project within the timeline presented. This
project could not be completed without the use of TIF.
The acquisition, site work and construction of all improvements will be paid for by the
developer. The developer is responsible for and has provided evidence that they can
secure adequate debt financing to cover the costs associated with the acquisition, site
work and remodeling. The Grand Island Community Redevelopment Authority (CRA)
intends to pledge the ad valorem taxes generated over the 15 year period beginning
January 1, 2016 towards the allowable costs and associated financing for the acquisition
and site work for the development of the grocery store. The CRA intends to pledge the
ad valorem taxes generated up to 15 years for each of the proposed townhomes on the
expanded site.
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 at the northeast corner of Broadwell Avenue and State Street in
northeast Grand Island including the attached map identifies the subject property and the
surrounding land uses:
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Legal Descriptions Lot 3 of Skag-Way Subdivision and Lot 1 of Skag-
Way Second Subdivision. Grocery Store on Lot 1 of Skag-Way Fourth
Subdivision, Townhomes to be developed on Lot 2 of Skag-Way Fourth
Subdivision, Lots 1 and 2 of Nattrass Subdivsion and Lot 9 of Home Subdivision
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Original Redevelopment Plan Area
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Existing Land Use Map as Amended November 2021
Grand Island Regular Meeting - 12/1/2021 Page 19 / 94
The tax increment will be captured for the tax years the payments for which become
delinquent in years 2017 through 2030 inclusive on the grocery store. It is
anticipated that the increment on the townhouses will be capture over a period not
to exceed 20 years with no portion extending over 15 years beginning in 2023.
The real property ad valorem taxes on the current valuation will continue to be paid
to the normal taxing entities. The increase will come from the construction of new
commercial space on this property.
Statutory Pledge of Taxes.
Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in
the Redevelopment Project Area shall be divided, for the period not to exceed 15 years
after the effective date of the provision, which effective date shall be January 1, 2016 for
the grocery store and as determined by the contract for the townhouses.
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:
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.
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1. The Redevelopment Project Area has been declared blighted and substandard by
action of the Grand Island City Council on October 9, 2007.[§18-2109] Such
declaration was made after a public hearing with full compliance with the public
notice requirements of §18-2115 of the Act.
2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13)
(a) and §18-2110]
Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment
plan amendment and project are consistent with the Comprehensive Plan, in that no
changes in the Comprehensive Plan elements are intended. This plan merely provides
funding for the developer to acquire the necessary property and provide the necessary
site work for the construction of a permitted use on this property. The Hall County
Regional Planning Commission held a public hearing at their meeting on December 1,
2021 and passed Resolution 2022- confirming that this project is consistent with the
Comprehensive Plan for the City of Grand Island. The Grand Island Public School
District has submitted a formal request to the Grand Island CRA to notify the District
any time a TIF project involving a housing subdivision and/or apartment complex is
proposed within the District. The school district was notified of this plan amendment at
the time it was submitted to the CRA for initial consideration.
3. The Redevelopment Plan must be sufficiently complete to address the following
items: [§18-2103(13) (b)]
a. Land Acquisition:
The Redevelopment Plan for Area 6 provides for real property acquisition and this plan
amendment does not prohibit such acquisition. There is no proposed acquisition by the
authority. The applicant will be acquiring the property from the current owner.
b. Demolition and Removal of Structures:
The project to be implemented with this plan does intend several structures along on the
subject property to be removed or demolished. The structures to be demolished are all
non-residential in nature and use. No additional structures will need to be demolished for
the development of the townhouses.
c. Future Land Use Plan
See the attached map from the 2004 Grand Island Comprehensive Plan. The site is
planned for commercial development. [§18-2103(b) and §18-2111] The attached map
also is an accurate site plan of the area after redevelopment. [§18-2111(5)]
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City of Grand Island Future Land Use Map from Original Plan
Grand Island Regular Meeting - 12/1/2021 Page 22 / 94
City of Grand Island Future Land Use Map for Amended Area
d. Changes to zoning, street layouts and grades or building codes or ordinances or
other Planning changes.
Grand Island Regular Meeting - 12/1/2021 Page 23 / 94
The area is zoned B2- General Business zone, R2 Low Density Residential and R3
Medium Density Residential.No zoning changes are anticipated with this project.No
changes are anticipated in street layouts or grades.The property identified for the
townhouse development will likely be changed to an R3 Medium Density Residential
District or R3-SL Medium Density Small Lot District and a street will be extended
through the development between State Street and Wheeler Avenue. No changes are
anticipated in building codes or ordinances. Nor are any other planning changes
contemplated. [§18-2103(b) and §18-2111]
e. Site Coverage and Intensity of Use
The developer is proposing remove all of the structures on the subject property in two
phases. The buildings on Lot 3 of Skag-Way Subdivision will be demolished and a new
grocery store will be constructed at that location, fuel pumps will be added near
Broadwell Avenue and after the construction of the new store the old store will be
demolished and the site will be prepared for additional retail and restaurant space to be
constructed at a time when the market allows for said construction. The property is zoned
B2 and could accommodate a building of up to 100% of the property. The area east of the
grocery store identified for townhouse development in this plan would be rezoned to
accommodate the development of the townhomes. An R3 or R3-SL zoning district would
allow up to 50% of each lot to be developed with buildings. [§18-2103(b) and §18-2111]
f. Additional Public Facilities or Utilities
Sewer and water are available to support this development. Water mains will have to be
extended throughout the site to support the configuration of the proposed development.
New water and sewer services may be required for this building. Water mains and sewer
mains will need to be extended for the townhouse development. Electric service will also
need to be extended through the area.
The developer will be responsible for replacing any sidewalks damaged during
construction of the project.
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 amendment does not
provide for acquisition of any residences and therefore, no relocation is
contemplated. [§18-2103.02]
5. No member of the Authority, nor any employee thereof holds any interest in any
property in this Redevelopment Project Area. [§18-2106]
Barry Sandstrom, Chairman of the Grand Island Community Redevelopment Authority,
is President of Home Federal Bank in Grand Island and Home Federal has a branch office
and an ATM on the property. Mr. Sandstrom will recuse himself from action on this
Grand Island Regular Meeting - 12/1/2021 Page 24 / 94
application. As of this amendment, Mr. Sandstrom is no longer a member of the CRA and
no members of the CRA or employees hold any interest in this project.
6. Section 18-2114 of the Act requires that the Authority consider:
a. Method and cost of acquisition and preparation for redevelopment and estimated
proceeds from disposal to redevelopers.
The developer is proposing to purchase this property for redevelopment for $2,600,000 in
October of 2014 provided that TIF is available for the project as define. The cost of
property acquisition is being included as a TIF eligible expense. Costs for site
preparation, utility and parking improvements are estimated at $3,004,953 as related to
the demolition and site preparation are included as a TIF eligible expense. It is estimated
based on the proposed increased valuation of $4,416,000 will result in $1,600,000 of
increment generated over a 15 year period, substantially less than the TIF allowable
expenses.
Mesner Development will be acquiring the property identified for townhouses as part of
the eligible activities for this development. The TIF granted on the first project did not
cover the full cost of acquisition so the cost of Lot 2 of Skag-Way Fourth Subdivision can
be included as an eligible expense with the other properties that make this project
feasible.
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 $1,600,000 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, 2016 through December
2030 for the grocery store phase of this project.
The developer will provide all necessary financing for the townhouse phase of the project
as described in this amended plan. The Authority will assist the project by granting the
sum of $1,779,000 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, 2023 through December 2043
c. Statement of feasible method of relocating displaced families.
No families will be displaced as a result of this plan.
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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 the utilization of and redevelopment of commercial lots. This will
not significantly impact traffic at the Five Points intersection. New commercial
development will raise property values and provide a stimulus to keep surrounding
properties properly maintained. This will have the intended result of preventing recurring
elements of unsafe buildings and blighting conditions. New residential construction
between the grocery store and Wheeler Avenue north of Blessed Sacrament Church will
utilize property that has been in the City Limits and largely vacant for more than 60
years. This is infill development of housing near community services such as banking,
groceries, churches and existing parks.
8. Time Frame for Development
Development of phase one of this project (including construction of the new grocery
store) is anticipated to be completed between October of 2014 and October of 2015.
Demolition of the existing Skagway store and preparation of the eastern portion of the
site for further development will occur after the opening of the new store. Excess
valuation should be available for this project for 15 years beginning with the 2016 tax
year. Phase one of the project was completed as expected. Phase two including in line
retail and restaurant uses did not materialize as marketability of this property for those
purposes was not feasible. This amended plan would allow phase two to include
development of up to 70 townhouses and include additional property that was not in the
original plan.
9. Justification of Project
Skagway has been a commercial anchor for the Five Points neighborhood since the
1950’s. This redevelopment and reinvestment by AWG at this location represents a great
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opportunity to strengthen and sustain this neighborhood commercial development. This is
infill development in an area with all city services available. This project does not
propose to tear down any buildings with historic value.
Phase two of this project as shown in this amended plan would add up to 70 townhouses
some potentially developed with low income housing tax credits. This would transition
the commercial node at the Five Points intersection with the residential to the north and
east of the site and provide needed housing in the community as infill development using
vacant property with the ability to extend services. At this time housing is a critical need
in Grand Island and across the state of Nebraska.
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
AWG-Skagway North Redevelopment Project, including:
Project Sources and Uses. Approximately $1,600,000.00 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
$14,430,000.00 in private sector financing; a private investment of $9.02 for every TIF
dollar investment.
Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition $1,600,000 $1,000,000 $2,600,000
Site preparation $3,004,953
Legal and Plan
Building Costs
Phase 1 $4,725,000 $4,725,000
Phase 2 $3,000,000 $3,000,000
Fuel Center $500,000 $500,000
Personal Property $1,000,000 $1,000,000
Soft Costs $1,200,000 $1,200,000
TOTALS $1,600,000 $14,429,953 $16,029,953
Project Sources and Uses Phase 2. Approximately $1,779,000.00 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 $14,609,018 in private sector financing; a private investment of $8.25 for every
TIF dollar investment.
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Use of Funds.
Description TIF Funds Private Funds Total
Site Acquisition 484,000$ $ 484,000
Building Costs $ -
Market Rate Units $ 6,080,000 $ 6,080,000
LIHTC Units $ 8,529,018 $ 8,529,018
Sewer $ 361,176 $ 361,176
Water $ -
Electric $ 72,000 $ 72,000
Public Streets/Sidewalks $ 488,378 $ 488,378
Site preparation/Dirt Work $ 179,000 $ 179,000
Architecture/Engineering $ 80,000 $ 80,000
Legal/TIF Contract -$ $ -
Contingency Reserves 102,855$ $ 102,855
$ -
Total $ 1,767,409 $ 14,609,018 $ 16,376,427
Source of Funds
Tax Revenue Phase 1.The property to be redeveloped is anticipated to have a January 1,
2014, valuation of approximately $3,442,551. Based on the 2013 levy this would result in a real
property tax of approximately $75,783. It is anticipated that the assessed value will increase by
$4,416,000, upon full completion, as a result of the site redevelopment. This development will
result in an estimated tax increase of over $97,200.00 annually adjusted with a 2% appreciation in
value for 15 years resulting in $1,600,000 of increment over the 15 year period. The tax
increment gained from this Redevelopment Project Area would not be available for use as city
general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize
the TIF bond, but would be used for eligible private redevelopment costs to enable this project to
be realized.
Estimated 2014 assessed value: $ 3,442,551.00
Estimated value after completion $ 7,858,035.00
Increment value $ 4,415,484.00
Annual TIF generated (estimated) $ 97,200.00
TIF bond issue $ 1,600,000.00
Tax Revenue Phase 2. The property to be redeveloped for townhouses is anticipated to have a
January 1, 2021, valuation of approximately $574,685. Based on the 2020 levy this would result
in a real property tax of approximately $12,508. It is anticipated that the assessed value will
increase by $14,514,333, upon full completion, as a result of the site redevelopment. This
development will result in an estimated tax increase of over $319,557 annually or an increment of
$4,793,348 over the 15 year period. The tax increment gained from this Redevelopment Project
Area would not be available for use as city general tax revenues, for a period of 15 years, or such
shorter time as may be required to amortize the TIF bond, but would be used for eligible private
redevelopment costs to enable this project to be realized.
Estimated 2021 assessed value: $ 574,685
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Estimated value after completion $ 15,089,018
Increment value $ 14,514,333*
Annual TIF generated (estimated) $ 319,557
TIF bond issue $ 1,767,409
*This is a market rate increment value and if LITHC is used for the project the actual
annual revenues generated would likely be reduced by as much as half.
Phase 1
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $3,442,591.
The proposed demolition, new parking lot and renovations at this location will result in
an additional $4,415,444 of taxable valuation based on an analysis by the Hall County
Assessor’s office. 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.
(b) Public infrastructure and community public service needs impacts and local tax
impacts arising from the approval of the redevelopment project;
No additional public service needs have been identified. Existing water and waste
water facilities will not be impacted by this development. The electric utility has
sufficient capacity to support the development. It is not anticipated that this will impact
schools. Fire and police protection are available and should not be impacted by this
development.
(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
This project will protect and enhance the existing employment within the Project Area by
maintaining a grocery store at this location. Additional employment is anticipated with
the inline retail and restaurant also proposed at this site. At project stabilization
employment is expected to increase to 28 full time equivalent employees. Temporary
construction employment will increase during the construction. The construction period
is expected to exceed 12 months.
(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
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This facility could draw employees from other similar facilities within the City. The
latest available labor statistics show that the Grand Island labor pool is 27,961 with a
3.3% unemployment rate1.
(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 appropriate development at a key entrance into the City of Grand
Island. Five Points is an iconic location in Grand Island. This redevelopment plan will
result in substantial new construction in the neighborhood. Skagway has been a key
business at the Five Points location for more than 60 years. This site has had a
neighborhood grocery store since before the area to the north and east was developed.
Redevelopment of this site will preserve this neighborhood commercial district and
strengthen and preserve the surrounding residential values.
Personal property in the project is subject to current property tax rates. Personal property
for the Project is estimated at $1,000,000 resulting in an estimated personal property tax
for the first year of operations of $22,000. Personal property tax is not subject to TIF and
will be paid to the normal taxing entities. There will additionally be more city sales taxes
paid to the city of Grand Island as a result of new taxable sales at the restaurant and inline
stores.
Phase 2
(a) Tax shifts resulting from the approval of the use of Tax Increment Financing;
The redevelopment project area currently has an estimated valuation of $574,685.
The proposed redevelopment at this location will result in an additional $14,514,333 of
taxable valuation based on an analysis by the Hall County Assessor’s office. The project
creates additional valuation that will support taxing entities long after the project is paid
off and provide housing in the next four years.
(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. This development may have an impact on
the schools in the area as further discussed below. Fire and police protection are available
and should not be significantly impacted by this development but all new development
does create potential issues for staffing and response.
1 https://neworks.nebraska.gov Labor Force, Employment and Unemployment for Grand Island City in
May 2014
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(c) Impacts on employers and employees of firms locating or expanding within the
boundaries of the area of the redevelopment project;
The proposed project will provide either workforce housing for employees in the area or
potentially retirement housing for older citizens of Grand Island that would be moving
out of existing homes making those available to new residents. Housing is a major
concern for all expanding employers in the City of Grand Island.
(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
The proposed project will provide either workforce housing for employees in the area or
potentially retirement housing for older citizens of Grand Island that would be moving
out of existing homes making those available to new residents. Housing is a major
concern for all expanding employers in the City of Grand Island.
(e) Impacts on student populations of school districts within the City or Village:
This development will have an impact on the Grand Island School system and
will likely result in additional students at both the elementary and secondary school
levels.
The average number of persons per household in Grand Island for 2015 to 2019
according the American Community Survey is 2.61. 70 additional households would
house 182 people. According to the 2010 census 19.2% of the population of Grand Island
was over 4 years old and under 18 years old. 2020 census number for this population
cohort are not yet available but 27.6% of the 2021 population is less than 18 years of age
this is the same percentage as the under 18 age cohort in 2010. If the averages hold it
would be expected that there would be an additional 35 school age children generated by
this development. Given the nature of the units ( a maximum of 70- 2 bedroom
townhomes) proposed these numbers are likely to be significantly less than for detached
single family development. If this develops as proposed with at a rate of around 16 unit
per year for 4 years approximately 9 children could be added to the school age population
every year with this development. These 9 children will likely be spread over the full
school age population from elementary to secondary school. According to the National
Center for Educational Statistics2 the 2019-20 enrollment for GIPS was 10,070 students
and the cost per student in 2017-18 was $12,351 of that $4,653 is generated locally. The
Grand Island Public School System was notified on November 4, 2021 that the CRA
would be considering this application at their November 10, 2021 meeting.
(f) Any other impacts determined by the authority to be relevant to the
consideration of costs and benefits arising from the redevelopment project.
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The proposed development will provide workforce housing in the short term. This is
infill development that will utilize property within the city limits that has been
undeveloped.
Time Frame for Development
Development of phase 1 of this project is anticipated to be completed during between
October 2014 and October of 2015. The base tax year should be calculated on the value
of the property as of January 1, 2015. Excess valuation should be available for this
project for 15 years beginning with the 2016 tax year. Excess valuation will be used to
pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the
developer for a period not to exceed 15 years or an amount not to exceed $1,600,000 the
projected amount of increment based upon the anticipated value of the project and current
tax rate. Based on the purchase price of the property and estimates of the expenses of
renovation activities and associated engineering fees, the developer will spend more than
$5,000,000 on TIF eligible activities.
Development of phase 2 of this project is anticipated to be completed between 2022 and
2025. The base tax year will be set with contract amendments based on the completion
of structures. Excess valuation should be available for this project for 15 years beginning
with the 2023 tax year. Excess valuation will be used to pay the TIF Indebtedness issued
by the CRA per the contract between the CRA and the developer for a period not to
exceed 15 years or an amount not to exceed $1,767,409 based upon the anticipated value
of the project and current tax rate.
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Resolution Number 2022-03
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 Trinity Heights
project located north of State Street and west of Wheeler Avenue –Mesner Development 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: December 1, 2021.
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
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Hall County Regional Planning
Commission
Wednesday, December 1, 2021
Regular Meeting
Item F2
Public Hearing - Proposed CRA Area #35 - Grand Island -
Proposed Area #35 located north of Capital Avenue and east of
Engleman Road (Old Engleman School). Resolution 2022-04 (C-09-
2022GI)
Staff Contact:
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1
Agenda Item # 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
November 17, 2021
SUBJECT:CRA Blight Study (Proposed CRA Area 35) C-10-22GI
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 35. This
area as defined by the study will be referred to as Community Redevelopment Authority (CRA)
Area 35. 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. The Planning Commission recommendation must be
forwarded to the Grand Island City Council within 30 days of making the recommendation.
OVERVIEW
This study is approximately 3.4 acres of property located east of Engleman Road and north of
Capital Avenue in northwest Grand Island (Study Area).
The Statutory authority and direction to the Planning Commission is referenced below to explain
the Planning Commission purpose in reviewing the study:
18-2109.3 Redevelopment plan; preparation; requirements; planning
commission or board; public hearing; notice; governing body; public hearing;
notice.
18-2109. Redevelopment plan; preparation; requirements; planning commission
or board; public hearing; notice; governing body; public hearing; notice.
(1) 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 the public hearings required under this section,
declared such area to be a substandard and blighted area in need of
redevelopment.
(2) Prior to making such declaration, the governing body of the city shall
conduct or cause to be conducted a study or an analysis on whether the area is
substandard and blighted and shall submit the question of whether such area is
substandard and blighted to the planning commission or board of the city for its
review and recommendation. The planning commission or board shall hold a
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2
public hearing on the question after giving notice of the hearing as provided in
section 18-2115.01. Such notice shall include a map of sufficient size to show the
area to be declared substandard and blighted or information on where to find such
map and shall provide information on where to find copies of the substandard and
blighted study or analysis conducted pursuant to this subsection. The planning
commission or board shall submit its written recommendations to the governing
body of the city within thirty days after the public hearing.
(3) Upon receipt of the recommendations of the planning commission or board,
or if no recommendations are received within thirty days after the public hearing
required under subsection (2) of this section, the governing body shall hold a
public hearing on the question of whether the area is substandard and blighted
after giving notice of the hearing as provided in section 18-2115.01. Such notice
shall include a map of sufficient size to show the area to be declared substandard
and blighted or information on where to find such map and shall provide
information on where to find copies of the substandard and blighted study or
analysis conducted pursuant to subsection (2) of this section. At the public
hearing, all interested parties shall be afforded a reasonable opportunity to
express their views respecting the proposed declaration. After such hearing, the
governing body of the city may make its declaration.
(4) Copies of each substandard and blighted study or analysis conducted
pursuant to subsection (2) of this section shall be posted on the city’s public web
site or made available for public inspection at a location designated by the city.
~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.
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.
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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:
(3) Blighted area means an area (a) which, 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. A
redevelopment project involving a formerly used defense site as authorized under section 18-
2123.01 shall not count towards the percentage limitations contained in this subdivision;
(31) 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;
~Reissue Revised Statutes of Nebraska
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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 6 to 19 of the study.
FINDINGS FOR GRAND ISLAND
Study Area 35 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 area 100.0% of the primary structures were deemed to be in an average
condition or worse.
Deterioration of site or other improvements
o Curb and gutter are missing throughout 100% of the study area.
o Sidewalks are missing within 100.0% of the entire study area.
o Streets through the study area were of an average or poorer condition.
Insanitary and Unsafe Conditions
Broken glass outside of windows on the structures.
Lack of ADA ramp access to the structures.
Potholes on walking surface around the structures.
Asphalt surface around structures slopes into the structures, leading to potentially poor
drainage and or water ponding. Water ponding can be a breeding ground for
communicable diseases.
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.
3 (100.0%) buildings or improvements were determined to be 40 years of age or older.
The average age based upon a cumulative age calculation is 58.0 years.
These other criteria for Blight were not present in the area, these included:
Factors Which Are Impairing And/or Arresting Sound Growth
o Diversity of Ownership
o Dangerous conditions to life or property due to fire or other causes.
o Faulty lot layout.
o Improper subdivision or obsolete platting.
o Stable or decreasing population based on the last two decennial censuses.
o Tax or special assessment delinquency exceeding fair value of the land.
o Defective or unusual condition of title.
o Unemployment in the designated area is at least 120% of the state or national
average.
o One-half of unimproved property is over 40 years old.
o 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
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5
Average age of the residential 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 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.
TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD – 2021
Number Year Age Cumulative
1 1960 61 65
1 1962 59 120
1 1967 54 174
3 359
58.0
Source: Hall County Assessor’s and Marvin Planning Consultants 2021
Age of Structure
Within the study area there are three primary structures. After researching the structural age with
the Grand Island Public Schools Building and Grounds Department, 3 (100.0%) units were
determined to be 40 years of age or older.
However, when examining the age based upon a cumulative approach, as seen in Table 1, the
average age of the primary structures is equal to 58.0 years; thus, meeting the requirements of
the statutes. The age of the structures would be a direct contributing factor.
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;”
Study Area #35 meets the defintion of Substandard as defined in the Revised Nebraska State
Statutes.
FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #35
Blight Study Area #35 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
Substantial number of deteriorated or deteriorating structures.
Deterioration of site or other improvements.
Average age of the residential or commercial units in the area is at least 40 years.
Insanitary and Unsafe Conditions.
Substandard Conditions
Average age of the structures in the area is at least forty years.
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6
RECOMMENDATION:
Blight and Substandard Designation
Unlike the process for approving a redevelopment plan statute does not specify what planning
commissions are to look for in making a recommendation on a study to declare an area blighted
and substandard. 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.
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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City of Grand Island, NE
Blight and Substandard Study
Area #35
November 2021
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 1
PURPOSE OF THE BLIGHT AND SUBSTANDARD STUDY
The purpose of completing this Blight and Substandard study is to examine existing conditions
within Study Area 35 of the City of Grand Island. This study has been commissioned by Grand Island
Public Schools to analyze the possibility of declaring the area as blighted and substandard within
this specific study area.
The Hall County Regional Planning Commission and Grand Island City Council, 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 the Community Development Law, shall afford maximum
opportunity, consistent with the 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 the Community Development Law, 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 of land and the
use and occupancy of buildings and improvements, the disposition of any property
acquired, and the 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; disaster assistance; effect. 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.”
“Notwithstanding any other provisions of the Community Development Law, where the
local governing body certifies that an area is in need of redevelopment or
rehabilitation as a result of flood, fire, hurricane, earthquake, storm, or other
catastrophe respecting which the Governor of the state has certified the need for
disaster assistance under federal law, the local governing body may approve a
redevelopment plan and a redevelopment project with respect to such area without
regard to the provisions of the Community Development Law requiring a general plan
for the municipality and notice and public hearing or findings other than herein set
forth.”
Based on the Nebraska Revised Statutes §18-2103 the following definitions shall apply:
“Blighted area means an area (a) which, 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,
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Blight and Substandard Study – Area 35
Page 2 City of Grand Island, NE – Area 35 • October 2021
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. A redevelopment project
involving a formerly used defense site as authorized under section 18-2123.01 shall not
count towards the percentage limitations contained in this subdivision;”
“Extremely blighted area means a substandard and blighted area in which: (a) The
average rate of unemployment in the area during the period covered by the most
recent federal decennial census is at least two hundred percent of the average rate
of unemployment in the state during the same period; and (b) the average poverty
rate in the area exceeds twenty percent for the total federal census tract or tracts or
federal census block group or block groups in the area;”
“Substandard area 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; and”
“Workforce housing means:
(a) Housing that meets the needs of today's working families;
(b) Housing that is attractive to new residents considering relocation to a rural community;
(c) Owner-occupied housing units that cost not more than two hundred seventy-five
thousand dollars to construct or rental housing units that cost not more than two hundred
thousand dollars per unit to construct. For purposes of this subdivision (c), housing unit
costs shall be updated annually by the Department of Economic Development based
upon the most recent increase or decrease in the Producer Price Index for all
commodities, published by the United States Department of Labor, Bureau of Labor
Statistics;
(d) Owner-occupied and rental housing units for which the cost to substantially rehabilitate
exceeds fifty percent of a unit's assessed value; and
(e) Upper-story housing.”
This Blight and Substandard Study is only for a portion of the corporate limits of the city which has
not previously been so designated. 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,
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 3
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 will contain, 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, which qualify the area as blighted and substandard.
BLIGHT AND SUBSTANDARD ELIGIBILITY STUDY
The study area is indicated in Figure 1 of this report. The existing use is Public.
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
is intended to redevelop and improve areas of the community. 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 the City of Grand Island.
Point of beginning (POB) is the intersection of the centerlines of Engelman Rd N and Capital Ave
W going northerly along the centerline of Engelman Rd N to the extended north property line of
a tract referred to as Miscellaneous Tracts 2-11-10 to City of Grand Island Pt W ½ SW ¼ 2 AC;
thence easterly along the northern property line of said lot continuing to the northeast corner of
said lot; thence southerly along the eastern property line of said lot continuing to the centerline of
Capital Ave W; thence westerly along the centerline of Capital Ave W continuing to the POB, +/-
3.4 acres.
Study Area
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Blight and Substandard Study – Area 35
Page 4 City of Grand Island, NE – Area 35 • October 2021
Figure 1
Study Area Map
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 5
Figure 2
Existing Land Use Map
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Blight and Substandard Study – Area 35
Page 6 City of Grand Island, NE – Area 35 • October 2021
EXISTING LAND USE
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. Because of this, the
short and long-term success and sustainability of the community is directly contingent upon
available resources utilized in the best manner given the constraints the City faces during the
course of the planning period. 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.
FIGURE 3: EXISTING LAND USE, Study Area 35 – 2021
Source: Marvin Planning Consultants 2021 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
the tract in the study area. These data from the survey are analyzed in the following paragraphs.
Figure 3 shows the only use present in the study area is Public.
FINDINGS OF BLIGHT AND SUBSTANDARD CONDITIONS ELIGIBILITY STUDY
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. These
conditions 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: Excellent, Very Good, Above
Normal, Normal, Below Normal, Poor, or Very Poor. The data and rating system come from the Hall
Public100.00%
Public
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 7
County Assessor’s database and is the same database used to value properties in the area.
According to the data there are three different structures making up the facility.
Based upon the data provided to the planning team, the following is the breakdown for
structures in the study area:
• 0 (0.00%) structure rated as Excellent
• 0 (0.00%) structure rated as Very Good
• 0 (0.00 %) structures rated as Above Normal
• 0 (0.00%) structures rated Normal
• 3 (100.00%) structures rated Below Normal
• 0 (0.00%) structure rated Poor
• 0 (0.00%) structure rated as Very Poor
Based upon these data, an assumption has been made that normal condition and less would
constitute the possibility of some or considerable deterioration. It is common for older structures to
need more maintenance and upkeep to maintain a good or higher condition. Even a structure
rated as normal 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, 100.0% of the structures in this study
area are considered as Below Normal.
Due to the stated conditions found in the field analysis, the condition of the structures is a
contributing factor. See photos 1 – 13 below.
Photo 1 Photo 2
Photo 5 Photo 3 Photo 4
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Blight and Substandard Study – Area 35
Page 8 City of Grand Island, NE – Area 35 • October 2021
Photo 6 Photo 7
Photo 9 Photo 8
Photo 10 Photo 11
Photo 13 Photo 12
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 9
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 analyzed in the Study Area were rated on five categories: Excellent,
Good, Average, Fair, and Poor or Missing.
Within the study area there is approximately 710 lineal feet or 0.13 miles 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 (0.00%) lineal feet of Excellent sidewalk
• 0 (0.00%) lineal feet of Good sidewalk
• 0 (0.00%) lineal feet of Average sidewalk
• 0 (0.00%) lineal feet of Fair sidewalk
• 721 (100.0%) lineal feet of Poor or Missing sidewalk
There is no sidewalk present in the study area. Sidewalk is critical to the overall pedestrian
movement of an area long-term. Even sidewalk constructed, which at present there is none, will
eventually connect to several portions of the community. Because 100.0% of the area is missing
sidewalk, sidewalks are considered a direct contributing factor. See photo 14 and 15 below for
areas where sidewalk could be located but is not.
Photo 15 Photo 14
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Blight and Substandard Study – Area 35
Page 10 City of Grand Island, NE – Area 35 • October 2021
Figure 4
Structural Conditions
No longer standing
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 11
Figure 5
Sidewalk Conditions
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Blight and Substandard Study – Area 35
Page 12 City of Grand Island, NE – Area 35 • October 2021
Figure 6
Curb and Gutter Conditions
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 13
Figure 7
Street Conditions
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Blight and Substandard Study – Area 35
Page 14 City of Grand Island, NE – Area 35 • October 2021
Curb and Gutter
Curb and Gutters have a number of direct and indirect roles in communities. Their primary function
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 Excellent, Good, Average, Fair, and Poor or Missing.
Within the study area there is approximately 735 lineal feet of curb and gutter possible. After
reviewing the conditions in the field, the following is how the curb and gutter conditions break
down within the corporate limits:
• 0 (0.0%) lineal feet of Excellent curb and gutter
• 0 (0.00%) lineal feet of Good curb and gutter
• 0 (0.00%) lineal feet of Average curb and gutter
• 0 (0.00%) lineal feet of Fair curb and gutter
• 735 (100.0%) lineal feet of Poor or Missing curb and gutter
•
Due to the large amount of deteriorating and missing curb and gutter, the curb and gutter
conditions would be a direct contributing factor.
Streets
Streets within a community are essential to moving people and vehicles from place to place. Their
condition and construction have an impact on the appearance of a community, which leads
directly to how a community is perceived by the outside world.
Within the study area there is approximately 760 lineal feet or 0.14 miles of street possible. After
reviewing the conditions in the field, the following is how the street conditions breakdown within
the corporate limits:
• 0 (0.0%) lineal feet of Excellent street
• 0 (0.0%) lineal feet of Good street
• 760 (100.0%) lineal feet of Average street
• 0 (0.00%) lineal feet of Fair street
• 0 (0.00%) lineal feet of Poor street
Within the study area Engelman Rd N and Capital Ave are both paved. The streets in the study
area appear to have been paved in some sort of asphaltic material or armor coated. The streets
in the study area are both average. See photos 16 and 17 below to see street conditions.
Photo 16 Photo 17
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 15
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 data provided
by the Director of Buildings and Grounds for Grand Island Public Schools.
TABLE 1: AVERAGE STRUCTURAL AGE, BY METHOD – 2021
Number Year Age Cumulative
1 1960 61 65
1 1962 59 120
1 1967 54 174
3 359
58.0
Source: Hall County Assessor’s and Marvin Planning Consultants 2021
Age of Structure
Within the study area there are three primary structures. After researching the structural age with
the Grand Island Public Schools Building and Grounds Department, 3 (100.0%) units were
determined to be 40 years of age or older.
However, when examining the age based upon a cumulative approach, as seen in Table 1, the
average age of the primary structures is equal to 58.0 years; thus, meeting the requirements of the
statutes. The age of the structures would be a direct contributing factor.
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Blight and Substandard Study – Area 35
Page 16 City of Grand Island, NE – Area 35 • October 2021
Figure 8
Age of Structures
No longer standing
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 17
Blighting Summary
These conditions are contributing to the blighted conditions of the study area.
• Substantial number of deteriorating structures
o Within the study area 100.0% of the primary structures were deemed to be in an average
condition or worse.
• Deterioration of site or other improvements
o Curb and gutter are missing throughout 100% of the study area.
o Sidewalks are missing within 100.0% of the entire study area.
o Streets through the study area were of an average or poorer condition.
• Insanitary and Unsafe Conditions
o Broken glass outside of windows on the structures.
o Lack of ADA ramp access to the structures.
o Potholes on walking surface around the structures.
o Asphalt surface around structures slopes into the structures, leading to potentially poor
drainage and or water ponding. Water ponding can be a breeding ground for
communicable diseases.
Photo 19 Photo 18
Photo 20 Photo 21
Photo 22 Photo 23 Photo 20
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Blight and Substandard Study – Area 35
Page 18 City of Grand Island, NE – Area 35 • October 2021
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.
• 3 (100.0%) buildings or improvements were determined to be 40 years of age or older.
• The average age based upon a cumulative age calculation is 58.0 years.
These other criteria for Blight were not present in the area, these included:
• Factors Which Are Impairing And/or Arresting Sound Growth
o Diversity of Ownership
o Dangerous conditions to life or property due to fire or other causes.
o Faulty lot layout.
o Improper subdivision or obsolete platting.
o Stable or decreasing population based on the last two decennial censuses.
o Tax or special assessment delinquency exceeding fair value of the land.
o Defective or unusual condition of title.
o Unemployment in the designated area is at least 120% of the state or national
average.
o One-half of unimproved property is over 40 years old.
o 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 the residential 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 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.
TABLE 2: AVERAGE STRUCTURAL AGE, BY METHOD – 2021
Number Year Age Cumulative
1 1960 61 65
1 1962 59 120
1 1967 54 174
3 359
58.0
Source: Hall County Assessor’s and Marvin Planning Consultants 2021
Age of Structure
Within the study area there are three primary structures. After researching the structural age with
the Grand Island Public Schools Building and Grounds Department, 3 (100.0%) units were
determined to be 40 years of age or older.
However, when examining the age based upon a cumulative approach, as seen in Table 1, the
average age of the primary structures is equal to 58.0 years; thus, meeting the requirements of the
statutes. The age of the structures would be a direct contributing factor.
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Blight and Substandard Study – Area 35
City of Grand Island, NE – Area 35 • October 2021 Page 19
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;”
Study Area #35 meets the defintion of Substandard as defined in the Revised Nebraska State
Statutes.
FINDINGS FOR BLIGHT AND SUBSTANDARD STUDY AREA #35
Blight Study Area #35 has several items contributing to the Blight and Substandard Conditions.
These conditions include:
Blighted Conditions
• Substantial number of deteriorated or deteriorating structures.
• Deterioration of site or other improvements.
• Average age of the residential or commercial units in the area is at least 40 years.
• Insanitary and Unsafe Conditions.
Substandard Conditions
• Average age of the structures in the area is at least forty years.
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Area: 35
¯
PROPOSED BLIGHTED & SUBSTANDARD AREALOCATION MAP
300 Feet
LegendCity of Grand Island Municipal BoundaryParcelsCRA Blighted & Substandard Areas
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Resolution Number 2022-04
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 November 10, 2021 meeting, referred the Blight and
Substandard Study for CRA Area 34, commissioned by Grand Island Public Schools 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 held a public hearing regarding said Blight and Substandard Study at their
meeting on December 1, 2021, 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,
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.
DATED: December 1, 2021
HALL COUNTY REGIONAL PLANNING
COMMISSION
ATTEST: By: ___________________________________
Chair
By: ___________________________________
Secretary
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Hall County Regional Planning
Commission
Wednesday, December 1, 2021
Regular Meeting
Item F3
Public Hearing - Proposed CRA Area #36 - Grand Island -
Proposed CRA Area #36 on either side of Independence Avenue
south of Nebraska Highway 2 Resolution 2021-05 (C-11-22GI)
Staff Contact:
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City of Grand Island, NE
Blight and Substandard Study
Area #36
November 2021
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Hall County Regional Planning
Commission
Wednesday, December 1, 2021
Regular Meeting
Item F4
Public Hearing - Public Hearing Proposed Changes to the Wood
River Zoning Ordinance - Wood River - Public Hearing to
consider changes to the BGC and GC Commercial Zoning Districts
in Wood River to permit residential uses.
Staff Contact:
Grand Island Regular Meeting - 12/1/2021 Page 65 / 94
Agenda Item # 5
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
November 19, 2021
SUBJECT:
Concerning proposed amendments to Article 5: Zoning Districts of Wood
River Zoning Ordinance specifically to Section 5.11 BGC Central General
Business District, and Section 5.12 BG General Business District (C-12-
2022GI)
PROPOSAL:
To remove the conditions on residential uses within the BG General Business
zoning district and to allow for residential uses in the BGC Central General
Business District and BG General Business District as permitted principal use.
OVERVIEW:
The purpose of these changes is to allow for residential uses to be permitted as
principal uses to avoid situations created by the zoning ordinance that may
hinder homes being rebuilt if damaged more than 51% without a conditional
permit. Currently there it’s estimated to be more than 10 manufacturing mobile
homes and single family structures located within each of the BGC zoning district
and BG zoning district.
Over 17 years ago in 2004 after approval of the Wood River Zoning Regulation
allowed for residential use to be permitted as a conditional use in the BG General
Business zoning district in conjunction with the principal use when located above
ground floor. The BGC Central General Business District zone did not permit
residential uses outside the condition use specifically for churches, temples,
seminaries, and convents to allow for residences for teachers and pastors.
Section 5.12 BG General Business District
5.12.01 Intent: The (BG) General Business District is intended to establish standards that will
foster and maintain an area within the district boundaries that will benefit the retail trade,
business, cultural, and social activities of the entire community.
5.12.02 Permitted Uses:
1. Business and professional services including: attorneys, banks, insurance, real estate,
offices, postal stations, printing, credit services, security brokers, dealers and exchange,
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title abstracting, savings and loans, finance services and investment services; but not
including uses defined in Adult Establishment.
2. Child care/day care.
3. Dance studio, not including uses defined in Adult Establishment.
4. Meeting hall, not including uses defined in Adult Establishment.
5. Retail business or service establishment supplying commodities or performing services,
such as, or in compatibility with and including the following:
A. Agricultural implement sales and service centers.
B. Apparel shop.
C. Appliance store.
D. Antique store.
E. Automobile displays, sales, service, and repair.
F. Automobile parking lot.
G. Automobile parts and supplies store.
H. Bakery shop.
I. Bar and tavern.
J. Barber and Beauty shop.
K. Bookstore, not including uses defined in Adult Establishment.
L. Business or professional school.
M. Building materials retail sales.
N. Clothing and tailoring shops.
O. Commercial greenhouses.
P. Communication services.
Q. Computer store.
R. Department store.
S. Drug stores and prescription shops.
T. Dry cleaners and establishments (not over two-thousand (2,000) square feet in
floor area) with one dry cleaning unit having a capacity not to exceed 35 pounds
per cycle using nonflammable or non-explosive solvents.
U. Exercise, fitness and tanning spa, not including uses defined in Adult
Establishment.
V. Floral shop.
W. Furniture store or showroom.
X. Gift and curio shop.
Y. Grocery store.
Z. Hardware store.
AA. Hobby, craft, toy store.
BB. Indoor amusement and entertainment establishment, including bowling alleys
and movie theaters, not including uses defined in Adult Establishment.
CC. Laundry and dry cleaning pick-up and delivery stations.
DD. Liquor store.
EE. Medical and dental clinics.
FF. Mortuaries and funeral chapels.
GG. Newsstands, not including uses defined in Adult Establishment.
HH. Outdoor amusement and entertainment establishment, including miniature golf,
but not including outdoor movie theaters.
II. Photography studio.
JJ. Picture framing shop.
KK. Restaurants, cafes, and fast food establishment.
LL. Second hand stores.
MM. Shoe store.
NN. Tanning salon.
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OO. Variety store, not including uses defined in Adult Establishment.
PP. Video store, not including uses defined in Adult Establishment.
QQ. Social club and fraternal organizations, not including uses defined in Adult
Establishment.
RR. Telephone exchange.
SS. Telephone answering service.
TT. Public overhead and underground local distribution utilities
6. Dwelling units not to exceed 9 units per acre if any are located on the ground floor or 20
units per acre if all units are located above the ground floor.
5.12.03 Permitted Conditional Uses:
1. Temporary structure for festivals or commercial events.
2. Recreational establishments.
3. Amusement arcades.
4. Garden supply and retail garden center.
5. Pool hall.
6. Temporary greenhouses.
7. Totally enclosed, automated and conveyor-style car washes.
8. Outdoor Entertainment.
9. Convenience store with limited fuel sales.
10. Residences in conjunction with the principle use when located above the ground floor.
11. Churches, temples, seminaries, and convents including residences for teachers and
pastors.
12. Printing and publishing.
13. Car wash.
14. Garden supply and retail garden center.
15. Retail building material sales.
16. Service station and minor automobile repair services.
17. Tire store and minor automobile repair service.
18. Warehousing and storage. (Ordinance No. 518, Oct. 20, 2009)
Section 5.11 BGC Central General Business District
5.11.01 Intent: The (BGC) Central General Business District is intended to provide for
commercial development within the existing downtown area of Wood River that will benefit the
retail trade, business, cultural, and social activities of the entire community.
5.11.02 Permitted Uses:
1. Business and professional services including: attorneys, banks, insurance, real estate,
offices, postal stations, printing, credit services, security brokers, dealers and exchange,
title abstracting, savings and loans, finance services and investment services; but not
including uses defined in Adult Establishment.
2. Dance studio, not including uses defined in Adult Establishment.
3. Meeting hall, not including uses defined in Adult Establishment.
4. Retail business or service establishment supplying commodities or performing services at
a small scale, such as, or in compatibility with and including the following:
A. Apparel shop.
B. Appliance store.
C. Antique store.
D. Automobile parts supply store, not including repair or service facilities.
E. Bakery shop.
F. Barber and Beauty shop.
G. Bookstore, not including uses defined in Adult Establishment.
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H. Clothing and tailoring shops.
I. Communication services.
J. Computer store.
K. Drug stores and prescription shops.
L. Floral shop and commercial greenhouses.
M. Furniture store or showroom.
N. Gift and curio shop.
O. Grocery store.
P. Hardware store.
Q. Hobby, craft, toy store.
R. Indoor amusement and entertainment establishment, including bowling alleys and movie
theaters, not including uses defined in Adult Establishment.
S. Laundry and dry cleaning pick-up and delivery stations.
T. Liquor store.
U. Newsstands, not including uses defined in Adult Establishment.
V. Photography studio.
W. Picture framing shop.
X. Restaurants.
Y. Second hand stores.
Z. Shoe store.
AA. Tanning salon.
BB. Variety store, not including uses defined in Adult Establishment.
CC. Video store, not including uses defined in Adult Establishment.
DD. Telephone exchange.
EE. Telephone answering service.
5. Dwelling units not to exceed 9 units per acre if any are located on the ground floor or 20
units per acre if all units are located above the ground floor.
5.11.03 Permitted Conditional Uses:
1. Automobile parking lot.
2. Automobile sales and service facilities, including tire sales and installation.
3. Business or professional school.
4. Car wash.
5. Churches, temples, seminaries, and convents including residences for teachers and
pastors.
6. Convenience store with limited fuel sales.
7. Dance club, not including uses defined in Adult Establishment
8. Dry cleaners and establishments (not over two-thousand (2,000) square feet in floor
area) with one dry cleaning unit having a capacity not to exceed 35 pounds per cycle
using nonflammable or non-explosive solvents.
9. Exercise, fitness and tanning spa, not including uses defined in Adult Establishment.
10. Frozen food locker.
11. Garden supply and retail garden center.
12. Gas station.
13. Liquor store.
14. Lumber yard, home improvement center.
15. Outdoor advertising signs.
16. Tavern and cocktail lounge, not including uses defined in Adult Establishment.
17. Veterinarians’ offices and hospitals, and boarding kennels, provided that no structure or
building used to house horses or other animals is located closer than one-hundred feet
(100’) to any residential use.
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RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island
City Council approve the changes to the Wood River Zoning Ordinance as
presented.
___________________ Chad Nabity AICP, Planning Director
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Hall County Regional Planning
Commission
Wednesday, December 1, 2021
Regular Meeting
Item F5
Request for Conservation Easement - Hall County - Concerning a
Conservation Easement for the Wetlands Reserve Program
comprising a part of the South Half (S1/2) of Section Thirty-Six
(36), Township Ten (10) North, Range Nine (9) West of the 6th
P.m.
Staff Contact:
Grand Island Regular Meeting - 12/1/2021 Page 71 / 94
Agenda Item #9
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
November 17, 2021
SUBJECT:Conservation Easement C-11-22HC
PROPOSAL: The Larry L. Brummund Estate has submitted a proposed Wetland
Reserve Program conservation easement with the Natural Resources
Conservation Service (NRCS) to Hall County for approval. The WRP
conservation easement is proposed on property owned by the Larry L.
Brummund Estate in the S ½ of the NW ¼ of Section 36 Township 10 N, Range
9 west of the 6th P.M. The property is located south of the Lowry Road east of
Shady Bend Road.
The Hall County Board of Supervisors forwarded this matter to the planning
commission per statutory requirements at their meeting on November 9, 2021.
OVERVIEW:
The Larry L. Brummond Estate currently owns this property and wishes to
transfer a conservation easement on this property to NRCS under the WRP
program. They are proposing to place a conservation easement on the property
with rights to enforce that easement transferred to NRCS. The owner of the
property is agreeable to the easement and subsequent restrictions on use. As
defined by NRSS §76-2112, the NRCS. is eligible to receive, hold and enforce
the conservation easement.
A recommendation on this easement to determine conformity with the Comprehensive
Plan is required by State Statutes.
Site Analysis
Current zoning designation: A-1-Primary Agricultural District
Permitted and conditional uses: Agriculture and Recreation Related uses
Comprehensive Plan Designation: Agricultural
Existing land uses: Row Crop and Wetlands
Site constraints: Wetlands cover the center of the property
Adjacent Properties Analysis
Current zoning designations: North, South, East and West: A-1 Primary
Agricultural District
Comprehensive Plan Designation: North South, East and West: Agriculture
Existing land uses: Farm Ground/
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Figure 1 Zoning Map with proposed Easement Highlighted
Figure 2 Future Land Use Map with Proposed Easement Highlighted
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EVALUATION:
The easement is proposed on property that is zoned for agricultural purposes and
planned to be used for agricultural purposes for the foreseeable future. While the
property is not in the flood plain the existing of the wetlands across the property does
limit the potential for development.
Hall County Comprehensive Plan General Land Use Policies
Goal 1
Hall County should manage the land in a cost-effective and efficient manner while protecting the
environment and natural resources, as well as maintaining and increasing land values. Guiding future
growth and development in Hall County towards a compact pattern of land uses based upon the
efficient and economical expansion of public infrastructure will continue to maintain and improve the
quality of life for Hall County residents.
1.1.7 Discourage and minimize leapfrog development outside of cities and villages.
1.1.8 Hall County should allow agricultural production in all areas in which agricultural uses are
appropriate, and non-agricultural development in agricultural areas should be allowed in
specifically designated areas which does not negatively impact the agricultural uses.
1.2.5 Encourage low to zero non-farm densities in prime farmland areas and other agricultural districts
by providing residential lot size requirements and proper separation distances between residential
and agricultural uses.
It would appear that based on the current zoning, the future land use plan for the
county, the desire of the county as expressed in the comprehensive plan general
land use policies 1.1.7, 1.1.8, 1.2.5 that it would be in conformance with the Hall
County Comprehensive Plan to permit this conservation easement.
RECOMMENDATION:
That the Regional Planning Commission recommends that the Hall County Board
approve this request for a conservation easement as presented.
___________________ Chad Nabity AICP, Planning Director
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U.S.Department of Agriculture NRCS-LTP-30
Natural Resources Conservation Service 10/2017
WARRANTY EASEMENT DEED
IN PERPETUITY
AGRICULTURAL CONSERVATION EASEMENT PROGRAM –
WETLAND RESERVE EASEMENT
EASEMENT NO.
THIS WARRANTY EASEMENT DEED is made by and between
of
(hereafter referred to as the
“Landowner”), Grantor(s), and the UNITED STATES OF AMERICA and its assigns
(hereafter referred to as the “United States”), Grantee. The Landowner and the United States are
jointly referred to as the “Parties.”
The United States of America is acquiring this property by and through the Commodity Credit
Corporation (CCC) and the acquiring agency of the United States is the Natural Resources
Conservation Service (NRCS), United States Department of Agriculture.
Witnesseth:
Purposes and Intent. The purpose of this easement is to restore, protect, manage,
maintain, and enhance the functional values of wetlands and other lands, and for the conservation
of natural values including fish and wildlife and their habitat, water quality improvement, flood
water retention, groundwater recharge, open space, aesthetic values, and environmental
education. It is the intent of NRCS to give the Landowner the opportunity to participate in the
restoration and management activities on the Easement Area.
Authority. This easement deed acquisition is authorized by Subtitle H of Title XII of the
Food Security Act of 1985, as amended, for the Agricultural Conservation Easement Program -
Wetland Reserve Easement.
NOW THEREFORE, for and in consideration of the terms of these mutual obligations
and benefits recited herein to each party and the sum of
Dollars
($ ), paid to Grantor(s) subject to commensurate
reduction under 7 CFR Part 1400, the receipt of which is hereby acknowledged, Grantor(s)
hereby grants and conveys with general warranty of title to the UNITED STATES OF
AMERICA and its assigns (Grantee), in perpetuity, the lands comprising the Easement Area
described in Part I and appurtenant rights of access to the Easement Area, but reserving to the
Clear Form
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2
Landowner only those rights, title, and interest in the lands comprising the Easement Area
expressly enumerated in Part II. It is the intention of the Landowner to convey and relinquish
any and all other property rights not so reserved. This easement shall constitute a servitude
upon the land so encumbered; shall run with the land for the duration of the easement; and shall
bind the Grantor(s), their heirs, successors, assigns, lessees, and any other person claiming
under them.
SUBJECT, however, to all valid rights of record, if any.
PART I. Description of the Easement Area. The lands encumbered by this easement deed,
referred to hereafter as the Easement Area, are described on EXHIBIT A, which is appended
to and made a part of this easement deed.
TOGETHER with a right of access for ingress and egress to the Easement Area across
adjacent or other properties of the Landowner. Such a right-of-way for access purposes is
described in EXHIBIT B, which is appended to and made a part of this easement deed.
PART II. Reservations in the Landowner on the Easement Area. Subject to the rights, title, and
interest conveyed by this easement deed to the United States, including the restoration,
protection, management, maintenance, enhancement, and monitoring of the wetland and other
natural values of the Easement Area, the Landowner reserves:
A.Title. Record title, along with the Landowner’s right to convey, transfer, and
otherwise alienate title to these reserved rights.
B.Quiet Enjoyment. The right of the Landowner to enjoy the rights reserved on the
Easement Area without interference from others.
C.Control of Access. The right to prevent trespass and control access by the general
public subject to the operation of State and Federal law.
D.Recreational Uses. The right to undeveloped recreational uses, including
undeveloped hunting and fishing and leasing of such rights for economic gain,
pursuant to applicable State and Federal regulations that may be in effect at the time.
Undeveloped recreational uses may include use of hunting or observation blinds that
will accommodate no more than four people and are temporary, nonpermanent, and
easily assembled, disassembled, and moved without heavy equipment. Undeveloped
recreational uses must be consistent with the long-term protection and enhancement
of the wetland and other natural values of the Easement Area.
E.Subsurface Resources. The right to oil, gas, minerals, and geothermal resources
underlying the Easement Area, provided that any drilling or mining activities are to
be located outside the boundaries of the Easement Area, unless activities within the
boundaries are specified in accordance with the terms and conditions of EXHIBIT C
which is appended to and made a part of this easement deed, if applicable.DRAFTGrand Island Regular Meeting - 12/1/2021 Page 87 / 94
3
F.Water Rights and Water Uses. The right to water uses and water rights identified
as reserved to the Landowner in EXHIBIT D, which is appended to and made a
part of this Easement Deed, if applicable.
PART III. Obligations of the Landowner. The Landowner shall comply with all terms and
conditions of this Easement, including the following:
A.Prohibitions. Without otherwise limiting the rights of the United States acquired
hereunder, it is expressly understood that the rights to carry out the following
activities and uses have been acquired by the United States and, unless authorized by
the United States under Part IV, are prohibited on the Easement Area:
1.Haying, mowing, or seed harvesting for any reason;
2.Altering of grassland, woodland, wildlife habitat, or other natural features by
burning, digging, plowing, disking, cutting, or otherwise destroying the
vegetative cover;
3.Accumulating or dumping refuse, wastes, sewage, or other debris;
4.Harvesting wood or sod products;
5.Draining, dredging, channeling, filling, leveling, pumping, diking, impounding,
or related activities, as well as altering or tampering with water control
structures or devices, except as specifically set forth in EXHIBIT D, if
applicable;
6.Diverting or causing or permitting the diversion of surface or underground
water into, within, or out of the Easement Area by any means, except as
specifically set forth in EXHIBIT D, if applicable;
7.Building, placing, or allowing to be placed structures on, under, or over the
Easement Area, except for individual semi-permanent hunting or observation
blinds for undeveloped recreational uses, the external dimensions of which will
be no more than 80 square feet and 8 feet in height, with the number, locations,
and features of blinds approved by NRCS under Part IV;
8.Planting or harvesting any crop;
9.Grazing or allowing livestock on the Easement Area;
10.Disturbing or interfering with the nesting or brood-rearing activities of wildlife
including migratory birds;
11.Use of the Easement Area for developed recreation. These uses include but
are not limited to, camping facilities, recreational vehicle trails and tracks,
sporting clay operations, skeet shooting operations, firearm range operations,
and the infrastructure to raise, stock, and release captive raised waterfowl,
game birds and other wildlife for hunting or fishing;
12.Any activities which adversely impact or degrade wildlife cover or other
habitat benefits, water quality benefits, or other wetland functions and values
of the Easement Area; and
13.Any activities to be carried out on the Landowner’s land that is immediately
adjacent to, and functionally related to, the Easement Area if such activities
will alter, degrade, or otherwise diminish the functional value of the
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B.Noxious Plants and Pests. The Landowner is responsible for noxious weed control
and emergency control of pests as required by all Federal, State, and local laws. A
plan to control noxious weeds and pests must be approved in writing by the NRCS
prior to implementation by the Landowner.
C.Fences. Except for establishment cost incurred by the United States and replacement
cost not due to the Landowner’s negligence or malfeasance, all other costs involved
in maintenance of fences and similar facilities to exclude livestock are the
responsibility of the Landowner. The installation or use of fences which have the
effect of preventing wildlife access and use of the Easement Area are prohibited on
the Easement Area, easement boundary, or on the Landowner’s land that is
immediately adjacent to, and functionally related to, the Easement Area.
D.Restoration. The Landowner shall allow the restoration and management activities
NRCS deems necessary for the Easement Area.
E.Access Maintenance. The Landowner is responsible to maintain any non-public
portions of the access route described in Exhibit B such that the access route can be
traversed by a standard four-wheel all-terrain vehicle at least annually.
F.Use of Water for Easement Purposes. The Landowner shall use water for
easement purposes as set forth in EXHIBIT D, which is appended to and made a
part of this Easement Deed, if applicable.
G.Protection of Water Rights and Water Uses. As set forth in EXHIBIT D, if applicable,
the Landowner shall undertake actions necessary to protect any water rights and water
uses for easement purposes.
H.Taxes. The Landowner shall pay any and all real property and other taxes and
assessments, if any, which may be levied against the land.
I.Reporting. The Landowner shall report to the NRCS any conditions or events which
may adversely affect the wetland, wildlife, and other natural values of the Easement
Area.
J.Survival. Irrelevant of any violations by the Landowner of the terms of this Easement
Deed, this easement survives and runs with the land for its duration.
K.Subsequent Conveyances. The Landowner agrees to notify NRCS in writing of the
names and addresses of any party to whom the property subject to this Easement
Deed is to be transferred at or prior to the time the transfer is consummated.
Landowner and its successors and assigns shall specifically refer to this Easement
Deed in any subsequent lease, deed, or other instrument by which any interest in
the property is conveyed.DRAFTGrand Island Regular Meeting - 12/1/2021 Page 89 / 94
PART IV. Compatible Uses by the Landowner.
A.General. The United States may authorize, in writing and subject to such terms and
conditions the NRCS may prescribe at its sole discretion, the temporary use of the
Easement Area for compatible economic uses, including, but not limited to, managed
timber harvest, periodic haying, or grazing.
B.Limitations. Compatible use authorizations will only be made if, upon a
determination by NRCS in the exercise of its sole discretion and rights, that the
proposed use is consistent with the long-term protection and enhancement of the
wetland and other natural values of the Easement Area. The NRCS shall prescribe
the amount, method, timing, intensity, and duration of the compatible use.
Compatible use authorizations do not vest any rights in the Landowner and can be
revoked by NRCS at any time.
PART V. Rights of the United States. The rights of the United States include:
A.Management Activities. The United States has the right to enter the Easement Area
to undertake, on a cost-share basis with the Landowner or other entity as determined
by the United States, any activities to restore, protect, manage, maintain, enhance,
and monitor the wetland and other natural values of the Easement Area. The United
States may apply to or impound additional waters, in accordance with State water
law, on the Easement Area in order to maintain or improve wetland and other natural
values.
B.Access. The United States has a right of reasonable ingress and egress to the
Easement Area over the Landowner’s property, whether or not the property is
adjacent or appurtenant to the Easement Area, for the exercise of any of the rights of
the United States under this Easement Deed. The authorized representatives of the
United States may utilize vehicles and other reasonable modes of transportation for
access purposes. To the extent practical, the United States shall utilize the access
identified in EXHIBIT B. The United States may, in its discretion, conduct
maintenance activities on the access route identified in Exhibit B to obtain physical
access to the Easement Area for the exercise of any of the rights of the United States
under this Easement Deed. The United States also has the right of reasonable
ingress and egress across the Easement Area to other adjacent or appurtenant
property in which the United States holds real property rights acquired by and
through NRCS.
C.Easement Management. The Secretary of Agriculture, by and through the NRCS,
may delegate all or part of the management, monitoring or enforcement
responsibilities under this Easement Deed to any Federal or State agencies authorized
by law that the NRCS determines to have the appropriate authority, expertise, and
resources necessary to carry out such delegated responsibilities. State or Federal
agencies may utilize their general statutory authorities in the administration of any
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6
delegated management, monitoring or enforcement responsibilities for this easement.
The authority to modify, subordinate, exchange, or terminate this easement under
Subtitle H of Title XII of the Food Security Act of 1985 is reserved to the Secretary
of Agriculture in accordance with applicable law. If the United States at some future
time acquires the underlying fee title in the property, the interest conveyed by this
Easement Deed will not merge with fee title but will continue to exist and be
managed as a separate estate.
D.Violations and Remedies – Enforcement. The Parties, Successors, and Assigns, agree
that the rights, title, interests, and prohibitions created by this Easement Deed
constitute things of value to the United States and this Easement Deed may be
introduced as evidence of same in any enforcement proceeding, administrative, civil
or criminal, as the stipulation of the Parties hereto. If there is any failure of the
Landowner to comply with any of the provisions of this Easement Deed, the United
States or other delegated authority shall have any legal or equitable remedy provided
by law and the right:
1.To enter upon the Easement Area to perform necessary work for prevention of
or remediation of damage to wetland or other natural values; and,
2.To assess all expenses incurred by the United States (including any legal fees
or attorney fees) against the Landowner, to be owed immediately to the
United States.
PART VI. General Provisions.
A.Successors in Interest. The rights granted to the United States shall accrue to any of
its agents or assigns. All obligations of the Landowner under this Easement Deed
shall also bind the Landowner’s heirs, successors, agents, assigns, lessees, and any
other person claiming under them. All the Landowners who are parties to this
Easement Deed shall be jointly and severally liable for compliance with its terms.
B.Rules of Construction and Special Provisions. All rights in the Easement Area not
reserved by the Landowner shall be deemed acquired by the United States. Any
ambiguities in this Easement Deed shall be construed in favor of the United States to
effect the wetland and conservation purposes for which this Easement Deed is being
acquired. The property rights of the United States acquired under this easement shall
be unaffected by any subsequent amendments or repeal of the Agricultural
Conservation Easement Program. If the Landowner receives the consideration for
this easement in installments, the Parties agree that the conveyance of this easement
shall be totally effective upon the payment of the first installment.
C.Environmental Warranty. “Environmental Law” or “Environmental Laws” means
any and all Federal, State, local or municipal laws, orders, regulations, statutes,DRAFTGrand Island Regular Meeting - 12/1/2021 Page 91 / 94
7
ordinances, codes, guidelines, policies, or requirements of any governmental
authority regulating or imposing standards of liability or standards of conduct
(including common law) concerning air, water, solid waste, hazardous materials or
substance, worker and community right-to-know, hazard communication, noise,
radioactive material, resource protection, subdivision, inland wetlands and
watercourses, health protection and similar environmental health, safety, building,
and land use as may now or at any time hereafter be in effect.
“Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous
chemicals, hazardous wastes, hazardous substances, extremely hazardous substances,
toxic substances, toxic chemicals, radioactive materials, infectious materials, and any
other element, compound, mixture, solution or substance which may pose a present or
potential hazard to human health or the environment.
Landowner warrants that it is in compliance with, and shall remain in compliance
with, all applicable Environmental Laws. Landowner warrants that there are no
notices by any government authority of any violation or alleged violation of, non-
compliance or alleged non-compliance with or any liability under any Environmental
Law relating to the operations or conditions of the Easement Area. Landowner
further warrants that it has no actual knowledge of a release or threatened release of
Hazardous Materials on, beneath, near, or from the Easement Area.
D.General Indemnification. Landowner shall indemnify and hold harmless the United
States, its employees, agents, and assigns for any and all liabilities, claims, demands,
losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, and cost
of actions, sanctions asserted by or on behalf of any person or government authority,
and other liabilities (whether legal or equitable in nature and including, without
limitation, court costs, and reasonable attorneys’ fees and attorneys’ fees on appeal)
to which the United States may be subject or incur relating to the Easement Area,
which may arise from, but is not limited to, Landowner’s negligent acts or omissions
or Grantor’s breach of any representation, warranty, covenant, or agreements
contained in this Easement Deed, or violations of any Federal, State, local or
municipal laws, including all Environmental Laws.DRAFTGrand Island Regular Meeting - 12/1/2021 Page 92 / 94
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TO HAVE AND TO HOLD, this Warranty Easement Deed is granted to the United
States of America and its assigns forever. The Landowner covenants that he, she, or they are
vested with good title to the Easement Area and will warrant and defend the same on behalf of
the United States against all claims and demands. The Landowner covenants to comply with the
terms and conditions enumerated in this document for the use of the Easement Area and adjacent
lands for access, and to refrain from any activity not specifically allowed or that is inconsistent
with the purposes of this Easement Deed.
Dated this day of , 2 .
Landowner(s):
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this day of , 2 , before me, the undersigned, a
Notary Public in and for said State personally appeared , known
or proved to me to be the person(s) described in and who executed the foregoing instrument,
and acknowledged that executed the same as
free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
Notary Public for the State of
Residing at
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ACCEPTANCE BY GRANTEE:
I (name), (title),
being the duly authorized representative of the United States Department of Agriculture Natural
Resources Conservation Service, do hereby accept this Warranty Easement Deed with respect to
the rights and duties of the United States of America, Grantee.
Dated this day of , 2 .
Signature
Title
This instrument was drafted by the Office of General Counsel, U.S. Department of Agriculture,
Washington, DC 20250-1400.
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and
activities on the basis of race, color, national origin, age, disability, and where applicable, sex,
marital status, familial status, parental status, religion, sexual orientation, genetic information,
political beliefs, reprisal, or because all or a part of an individual’s income is derived from any
public assistance program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact USDA’s TARGET Center at (1202) 720-2600 (voice
and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil
Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 705-3272
(voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section
522a). Furnishing this information is voluntary; however, failure to furnish correct, complete
information will result in the withholding or withdrawal of such technical or financial assistance.
The information may be furnished to other USDA agencies, the Internal Revenue Service, the
Department of Justice, or other State or Federal law enforcement agencies, or in response to
orders of a court, magistrate, or administrative tribunal. DRAFTGrand Island Regular Meeting - 12/1/2021 Page 94 / 94