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07/28/2026 Resolutions 2026-189
RESOLUTION 2026-189 RESOLUTION REGARDING APPROVAL OF A CONDITIONAL USE PERMIT LOCATED ON LOT 2 OF FAWN ACRES EIGHTH SUBDIVISION. WHEREAS know all men by these presents,that Kevin and Kimberlynn Petersen,the owners of the Lot 2 of Fawn Acres Eighth Subdivision(2070 S Engleman Road)are requesting a conditional use permit to operate a zoo on their property as a private membership club in the City of Grand Island Zoning Jurisdiction. WHEREAS, Private Clubs are allowed by Conditional Use Permit in the LLR: Large Lot Residential Zone; and WHEREAS, the property is located at 2070 South Engelman Road on Lot 2 of Fawn Acres Eighth Subdivision, at the intersection of Engleman Road and Stolley Park Road; and WHEREAS,the requested use is allowed in the Large Lot Residential Zone as set forth in City Code Chapter 36 Zoning Matrix; and, WHEREAS, the conditional use is in the City's Extraterritorial Zoning Jurisdiction; and, WHEREAS,the conditional use enhances the quality of life for residents and attracts tourists to the area; and WHEREAS, the owners agree to make improvements detailed below in the conditions; and WHEREAS, the owners agree to follow all of the conditions outlined below; and WHEREAS, the property is located at the intersection of Engleman Road and Stolley Park Road both of which section line roads; and WHEREAS, the City's Comprehensive Plan identifies the properties at the intersection of section line roads as possible sites for future commercial development; and WHEREAS,the conditional use is consistent with the City's Comprehensive Plan and Zoning Regulations, and is in an area which minimizes disruption to the health, welfare, and safety of the citizens of Grand Island; and, WHEREAS,all notice requirements of Grand Island City Code Chapter 36 have been complied with; and, WHEREAS, the following terms and conditions have been proposed by the City: 1. USE: to operate a zoo as a private membership club on at 2070 S. Engleman Road with the conditions outlined below: 2. PRIMARY CONDITIONS: The permit may continue as long as the following conditions are met: (Building numbers are detailed on Attachment A) a) --____.hermits Apply for and receive building permits for all buildings requiring permits Detached accessory structures 2, 3 and 4 by January 1, 2027 with occupancy by May 31, 2027 Animal Enclosures Buildings 6, 8, 11, 12, 16, 19, 32, 35, 38 and 39 July 1,2027 -with occupancy by June 30, 2028 Entrance Building 17 August 15, 2026 with occupancy by October 15, 2026 and the building will not be used to support the use with members until occupancy has been granted. Accessory structure in zoo grounds building 7 by September 15, 2026 with occupancy granted by December 31, 2026 and the building will not be used to support the use with members until occupancy has been granted. b) Bathrooms and Plumbing Provide at least 3 porta-potties (1 must be handicap accessible) and a portable handwash station by August 1, 2026. Maintain access to these while the zoo is open. Provide the required plumbing fixtures in a permitted structure by July 31, 2028 based on the current 2021 International building code this would include: Women's 4 toilets and 2 sinks Men's 2 toilets (one may be a urinal) and 2 sinks `' Accessible drinking fountains with one high fixture (spout height between 38" and 43") one low fixture (spout height maximum of 36") One service sink The requirements above are based on the 2021 International Building Code. Requirements may change based on the code in force at the time of application for a permit. c) Parking -Moved parking surfaced with a dust free surface such as asphalt, concrete or paving bricks is required. Based on the current size of the facility a total of 15 spots are required including one handicap van accessible stall. The handicap accessible stall and four additional stalls shall be installed by April 1, 2027 with five additional stalls in place by April 1,2028 and the last five by April 1, 2029. d) Setbacks for existing structures Buildings 2, 3, 19, 20, 21, 22, 23, and 24 are all located in the front or street side yard set back for the LLR Large Lot Residential Zoning District. This can be resolved by successfully rezoning the property to B2 General Business Zone or moving the buildings to meet the required setbacks.The deadline for completing this is January 1, 2027 for buildings 2 and 3 and July 1, 2027 for building 19, 20, 21, 22, 23 and 24. e) Easements - 2 - Buildings 2 and 39 are built in an existi utility-easinent. The easement was granted to the City f util Ty acres Sixth Subdivision in 1988 when the City-antl�County approved the plat. The appIic nt-sha1 either relocate these-building with the building permit or cause the easement to be vaca .--, f) Non-profit corporation status Applicant shall apply for status as a 501-C3 nonprofit private membership club by September 1, 2026 and finalize nonprofit status by December 31, 2026. g) Animals Applicant shall provide the City with a complete list of all animals permitted by th United States Department of Agriculture (USDA) housed at this location later than August 1, 2026. To be maintained in the property file with the ity of Grand Island Building Services Division and animal control Applicant shall n_o�tify the City of any changes to the number or type of animals as permitted by the U ted States Department of Agriculture-(USDA) within 2 weeks of such changes and notify the City of Grand Island Building Services Division and animal Control,. Applicant shall notify the City of th pe and species of any other animals kept on the property that do not require permits from the United States Department of Agriculture (USDA). Notification shall be provided to animal control. All animals on the property shall be chipped to provide an electronic identification unless not permitted by the United States Department of Agriculture (USDA) or- ontraindicated by a licensed veterinarian. N P erty shall be subject to inspection by animal control at anytime duringregular usiness hours and when the zoo is open to members. h) Hours of Operation $__ Hours of operat alibe smiled to 8:00 AM to 8:00 PM Monday through Sunday`,. - i) General Property Maintenance No trash, rub i , ' dead trees, lumber,bricks,refuse or junk material of any nature whatsoever shall`-b`eeddumped,pl €Por1ocated upon such real estate and must at all times be kept al clew nd neat condition. Applicant shall notthis real estate in any way to create or tin an unreasonabl hazard or nuisance to adjacent landowners or to the gene public — - 3 - lication to Rezone Applicant shall apply to rezone the property no later than December 2, 2026 to a -- 32 General Business District kj lication to Add Zoo as an allowed use in-the "Z eneral Businessbistrict Applicant lfor a text-•aniend_ment Chapter 36-68 and/or the Zoning rix T of Chapter 36 to allow Zoos in the B eaBusn_ess s District. 1) Expiration fir','I \ , ?O r1 This permit for a private club shall expire on Deeembcr 31, 2031. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, grants the applicants request for a conditional use permit authorizing Kevin and Kimberlynn Petersen to operate a zoo as a private club Lot 2 of Fawn Acres Eighth Subdivision (2070 S. Engleman Road), west of Engleman Road and south of Stolley Park Road, that this use is granted upon passage of this resolution subject to subject to the terms and conditions set forth above. Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2026. /40' ,...e....c)>1.? ....e_e_e_24...) Roger 7Steele, Mayor Attest: ,e,t, 0ru-/-21"-c, Ji Granere, City Clerk f n(i1 inb-e- skin by shy k%rt au 4 1J/d -ex(u ,:erns .i' 1 - (,..)Jc i it ,o?cl to hi ,97201 1, 8 as 7. /noh-6 n Ado p rcl. I - 4 - Attachment A page 1 of 2 • s ''�'' iiik itzio » r © -; -{3,0332 9,©M 'M4r fly. „�, w::„ b a. .3,E . a;p » "�� i ��^=e,`'' III( a d•I,a x - iI, .a�.,'a ^ s,. , -' _ _ ..ao�; �.z�. , + ^ _�:� .. • it, �� :.�. Ni' '� � � ~� ,' �. .x��M'E C - ';.. � �. r ",•�:�:" ,`l G'< .x > � „. tx » a te .'� �ii phid � � s3$". �t > -v. „ � ' ' -M e 4, " Vx,r5 - r',_ r. ,i i a ,�1r w a ..t. li a, :a L � � �` u ' a^ ' ' ' � ". ''_' :,�'" ' >r ;"te�y .� .. „� � ,;q;> � It: . 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