LINCOLN CITY/LANCASTER COUNTY PLANNING STAFF REPORT …€¦ · reports and documents in order to determine if substandard conditions were ... were deteriorating or dilapidated. The

LINCOLN CITY/LANCASTER COUNTY PLANNING STAFF REPORT___________________________________________________

for August 17, 2005 PLANNING COMMISSION MEETING

P.A.S.: Miscellaneous #05015West “O” Street Redevelopment Area: Blight and SubstandardDetermination Study

PROPOSAL: Darl Naumann, Aide to the Mayor’s Office for Economic Developmentand Marc Wullschleger, Director of the Urban Development Department,has forwarded a request to review the West “O” Street Blight andSubstandard Determination Study and to recommend theRedevelopment Area be declared blighted and substandard.

CONCLUSION: The West “O” Street Redevelopment Area qualifies as blighted andsubstandard within the definition set forth in the Nebraska CommunityDevelopment Law, NEB REV STAT § 18-2103, as determined by the West“O” Street Blight and Substandard Determination Study. The Blightand Substandard Determination Study is consistent with theredevelopment and revitalization activities identified in 2025Comprehensive Plan.

RECOMMENDATION: Finding that there is a reasonable presence of blighted and substandard conditions in the

Redevelopment Area as per § 18-2103 (11)Nebraska Revised Statutes.

GENERAL INFORMATION:

LOCATION: An area generally bounded by 10th Street on the east, a ½ mile west ofNW 70th Street on the west, and either side of West "O" Street, butlocated south of Interstate 80 and north of the Burlington Railroad Yardon the south.

PURPOSE: Nebraska Community Development Law, NEB REV STAT § 18-2109requires the Planning Commission to review whether an area issubstandard and blighted. A recommendation of the PlanningCommission is required to be provided to the City Council prior to aredevelopment area being declared blighted and substandard.

Misc. #05015 Page 2West “O” Street Blight and Substandard Determination Study

LEGAL DESCRIPTION: See Appendix.

COMPREHENSIVE PLAN SPECIFICATIONS:

Guiding Principles for the Urban Environment - Overall FormMaximize the community’s present infrastructure investment by planning for residential andcommercial development in areas with available capacity. This can be accomplished in many waysincluding encouraging appropriate new development on unused land in older neighborhoods, andencouraging a greater amount of commercial space per acre and more dwelling units per acre innew neighborhoods. (F 17)

Encourage mixed-use redevelopment, adaptive reuse, and in-fill development including residential,commercial and retail uses. (F 18)

Preserve and enhance entryway corridors into Lincoln and Capitol View Corridors. (Page F 19)

Encourage renovation and reuse of existing commercial centers. Infill commercial developmentshould be compatible with the character of the area and pedestrian oriented. (page F 49)

Maintain and encourage retail establishment and businesses that are convenient to, and serve,neighborhood residents, yet are compatible with, but not intrusive upon residential neighborhoods. (page F 49)

Encourage efforts to find new uses for abandoned, under utilized or “brownfield” sites that arecontaminated. (Page F 49)

ANALYSIS:

1. This is a request to determine whether the West “O” Street Redevelopment Areashould or should not be declared blighted and substandard per § 18-2103 (11)Nebraska Revised Statutes. After an area is declared blighted and substandard,the City may proceed with the preparation and approval of a Redevelopment Plan. Redevelopment activities may include utilizing Tax Increment Financing (TIF) fromprivate development to pay for public infrastructure and improvements.

2. The Redevelopment Area comprises 1,361.3 acres. Approximately 60% of theland is vacant, 15% is in right-of-way, 20% is in commercial or industrial use, and5% is residential or other uses.

3. The Blight and Substandard Determination Study is consistent with revitalizationactivities outlined in the 2025 Comprehensive Plan.


4. A consultant was hired by the City of Lincoln to conduct the study to determinewhether or not there was a presence of substandard or blighting conditions in thestudy area per § 18-2103 (11) Nebraska Revised Statutes.

5. A substandard area is defined in the Nebraska Revised Statutes as containing apredominance of buildings with the presence of the following four conditions:

1. Dilapidation/deterioration2. Age or obsolescence3. Inadequate provision for ventilation, light, air, sanitation or open

spaces4. a) High density of population and overcrowding; or

b) The existence of conditions which endanger life or property by fireand other causes; orc) Any combination of such factors, is conducive to ill health,transmission of disease, infant mortality, juvenile delinquency, andcrime, and is detrimental to the public health, safety, morals orwelfare.

6. The consultant conducted a detailed exterior structural survey of 255 structures, aparcel-by-parcel field inventory, interviews with City staff, and a review of pertinentreports and documents in order to determine if substandard conditions werepresent in the area. There are 255 structures located in the Redevelopment Area. A field study of exterior building conditions found that 48 or 19% of the structureswere deteriorating or dilapidated. The field survey found that 7 of the 140commercial/industrial structures were substandard and had a major deficiency. (Pages 24-25 of Blight and Substandard Determination Study)

7. The consultant concluded that the area could be considered substandard because

three of the four factors were found to be present to a reasonable extent, and oneto a strong extent. The factors were found to be reasonably distributed throughoutthe study area.

8. The factors that were found to be present to a reasonable extent were: # Dilapidation/ deterioration. # Age or obsolescence. # Inadequate ventilation, light, air, sanitation or open spaces.

The presence of conditions which endanger life or property by fire and other causeswas found to a strong extent.

9. A blighted area is defined in the Nebraska Revised Statutes as having thepresence of twelve conditions:


1. A substantial number of deteriorated or deteriorating structures;2. Existence of defective or inadequate street layout;3. Faulty lot layout in relation to size, adequacy, accessibility or

usefulness;4. Insanitary or unsafe conditions;5. Deterioration of site or other improvements;6. Diversity of ownership;7. Tax or special assessment delinquency exceeding the fair value of

the land;8. Defective or unusual conditions of title;9. Improper subdivision or obsolete platting;10. The existence of conditions which endanger life or property by fire or

other causes;11. Any combination of such factors, substantially impairs or arrests the

sound growth of the community, retards the provision of housingaccommodations or constitutes an economic or social liability;

12. Is detrimental to the public health, safety, morals, or welfare in itspresent condition and use; and in which there is at least one of thefollowing conditions:

a) Unemployment in the designated blighted area is at leastone hundred twenty percent of the state or national average;b) The average age of the residential or commercial units inthe area is at least 40 years;c) More than half of the plotted and subdivided property in thearea is unimproved land that has been within the City for 40years and has remained unimproved during that time;d) The per capita income of the designated blighted area islower than the average per capita income of the city or City inwhich the area is designated; ore) The area has had either stable or decreasing populationbased on the last two decennial censuses.

10. The area was reviewed to determine if the blighting factors were present to anextent that public intervention was appropriate or necessary, and that the factorswere reasonably distributed throughout the study area.

11. The consultant determined that six of the blighting factors were present to a strongextent; four were present to a reasonable extent; and two factors were not present.

12. The six blighting factors found to be present to a strong extent were:

# Faulty lot layout.


# Insanitary or unsafe conditions.# Deterioration of site or other improvements.# Improper subdivision or obsolete platting. # Existence of conditions which endanger life or property by fire or

other causes. # Other environmental and blighting factors.

13. It is the conclusion of the Consultant that the number, degree and distribution ofblighting factors, as documented in this Study, are beyond remedy and controlsolely by regulatory processes in the exercise of the police power and cannot bedealt with effectively by the ordinary operations of private enterprise without the aidsprovided in the Nebraska Community Development Law. The findings of this Blightand Substandard Determination Study warrant designating the RedevelopmentArea as substandard and blighted.

14. A copy of the executive summary of the report is attached. The full report is on filewith the Urban Development Department and the Planning Department.

Prepared by:

________________________Duncan L. Ross, AICPPlanner

DATE: August 11, 2005

APPLICANT: Darl NaumannEconomic Development Aide/ Office of the Mayor555 S. 10th Street, Suite 208Lincoln, NE 68508Phone: 441-7514

Marc Wullschleger, DirectorUrban Development Department.808 P Street, Suite 400Lincoln, NE 68508Phone: 441-7606


CONTACT: Ernesto CastilloUrban Development Department808 P Street, Suite 400Lincoln, NE 68508Phone: 441-7606

F:\FILES\PLANNING\PC\MISC\05000\MISC05015.west o blight.dlr.wpd


Legal Description

Appendix

The West “O” Redevelopment Area boundary is described as an area in or adjacentto the City of Lincoln, Lancaster County, Nebraska, described as follows: Beginningat the intersection of the West line of Lot 35 in Section 23, Township 10 NorthRange 5 East of the 6 P.M. and the Interstate Highway 80 Right of Way, thence th

continuing in a Southeasterly direction along t h e S o u t h R i g h t o f W a y line ofInterstate Highway 80 to the Southeast corner o f intersection of such InterstateHighway 80 Right of Way and Northwest 27 Street, thence South along the East th

line of Northwest 27 Street to the Southeast corner of the intersection of West Q th

Street and Northwest 27 Street, thence East along the South line of West Q Street th

to the Northeast corner of Irregular Tract Lot 210 in the Southwest Quarter ofSection 21, Township 10 North, Range 6 East of the 6 P.M., thence Southeast th

along the East line of said Lot 210 to the intersection of such line with the Northline of Irregular Tract Lot 209 in such section, thence in an Easterly direction to theSouthwest corner of Irregular Tract Lot 94 in said Section, thence North along theWest line of said Lot 94 to the Northwest corner of said Lot 94, thence East alongthe North line of said Lot 94 and continuing East to a point on the West line ofNorthwest 24 Street, thence South along the West line of Northwest 24 Street to th th

the intersection of such line in the extended South line of Lot A, Bolton Addition,thence East along such line to a point on the East line of Northwest 22 Street, nd

thence North along said East line to the Southwest corner of Lots 41 through 44,Block 2, North Manchester A d d i t i o n , t h e n c e E a s t a l o n g s a i d S o u t h line andcontinuing on such line extended to a point on the West line of Northwest 20 th

Street, thence North along said West line to a point on the South line of Lot 1 ,Quattrocchi Addition, extended, thence East along said line and continuing on suchline extended to the Southeast corner of Lot 10, Block 10, Woods Brothers LakeviewAcres, thence North along the East line of said Lot 10 to the South line of West QStreet, thence East along the South line of West Q Street to the Southwest corner ofthe intersection of West Q Street and Northwest 18 Street, thence South along the th

East line of Northwest 18 Street to the Southwest corner of Lot 9, Block 11, Woods th

B r o t h e r s L a k e v i e w Acres, thence East along the South line of said Lot 9 andcontinuing East on said lot line extended to a point on the East line of CapitolBeach Boulevard, thence South along said East line to the Northeast corner of theintersection of Capitol Beach Boulevard and West P Street, thence East along theNorth line of West P Street to the Northwest corner of the intersection of West PStreet and Sun Valley Boulevard, thence Northeasterly along the West line of SunValley Boulevard to a point on the South line of West Gate Park for Business andIndustry, thence due East to a point on the West line of Salt Creek, thence in aNortheasterly direction along said West line of Salt Creek to a point on the Eastline of 2 Street, thence South along the East l ine o f Second Street to the nd

Northeast corner of the intersection of 2 Street and P Street, thence East along nd

the North line of P Street to the Southeast corner of Lot 8, Block 254, Original Plat,thence South across P Street and along the East line of Lot 5, and the East line ofLot 10, Block 249, Original Plat to a point on the North line of O Street, thence Eastalong the North line of O Street to the Northeast corner of the intersection of O


Street and 9 Street, thence South along the East line of 9 Street to the Southeast th th

corner of the intersection of O Street and 9 Street, thence West along the South th

line of O Street to the Southwest corner of the intersection of O Street and 3 r d

Street, thence South along the West line of 3 Street to the Northwest corner of the rd

intersection of N Street and 3 Street, thence West along the North line of N Street rd

to the Northeast corner of the intersection of N Street and 2 Street, thence South nd

along the East line of 2 Street to the Southeast corner of the intersection of 2 n d n d

Street and L Street, thence West along the South line of L Street to a point on theWest line of Lot 9, Union Land Co. subdivision, thence South to the Southeastcorner of said Lot 9, thence West along said South line of Lot 9 and continuing Westto the Southwest corner of Irregular T r a c t Lot 98 of the Northeast Quarter ofS e c t i o n 2 7 , T o w n s h i p 1 0 North, R a n g e 6 E a s t o f t h e 6 P . M . , t h e n c e t h

Northwest/North along the West side of said Lot 98 to the Northeast corner ofIrregular Tract Lot 109 in the Northwest Quarter of Section 27, Township 10 North,Range 6 East of the 6 P.M., thence in s West/Southwesterly direction along the th

South line of said Lot 109 to i ts intersection with the Burlington Northern RailroadRight of Way, thence continuing in a Southwesterly direction along the South line ofthe Burlington Northern Railroad Right of Way to the intersection of such Right ofWay and the West line of Capital Beach Boulevard, thence North along the Westline of Capital Beach Boulevard t o the North line of said Burlington NorthernRailroad Right of Way, thence in a Westerly direction along the North line of saidBurlington Northern Railroad Right of Way to a point on the West line of Lot 35 inSection 23, Township 10 North Range 5 East of the 6 P.M., Lancaster County, th

N e b r a s k a , t h e n c e N o r t h a l o n g s a i d W e s t l i n e t o t h e p o i n t o f beg inning .

F:\FILES\PLANNING\PC\MISC\05000\MISC05015.west o blight.dlr.wpd

NW 1/4, NE 1/4 NE 1/4, NE 1/4

LO T 38LO T 37

LO T 36

LO T 35

LO T 55

LO T 9

80. 00 | Ac. 40. 00 | Ac. 40. 00 | Ac.

54. 79 | Ac.

28. 55 | Ac.

34. 40 | Ac.

19. 80 | Ac.

112 .33 | Ac.

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Miscellaneous #05015West ’O’ Blight Study •

2005 aerial

Area of Application

Sheet 1 of 4Overview

NW 1/4, NE 1/4 NE 1/4, NE 1/4

LOT 38LOT 37

LOT 36

LOT 35

LOT 55

LOT 9

80.00 | Ac. 40.00 | Ac. 40.00 | Ac.

54.79 | Ac.28.55 | Ac.

34.40 | Ac.

19.80 | Ac.

112.33 | Ac.

127.63 | Ac.

9.71 | Ac.

C. B. & Q. R. R.

9.50 | Ac.LOT 12

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287.

491

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Area of Application

Sheet 2 of 4

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2005 aerial

Area of Application

Sheet 4 of 4

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2005 aerial

Area of Application

Sheet 4 of 4

Documents

LINCOLN CITY/LANCASTER COUNTY PLANNING STAFF REPORT …€¦ · reports and documents in order to determine if substandard conditions were ... were deteriorating or dilapidated. The