Seward County Commissioners heard the Seward County Planning Commission’s views on a property owner’s proposal to change rural housing density rules on Nov. 25, but took no action on the matter.
At issue is a proposed change in zoning regulations from Dave Kendle, a retired geologist who lives in eastern Seward County. His proposal would allow owners of property zoned A-1 agriculture who have reached the maximum number of two houses allowed on a quarter of land to request a zoning change to TA-1 transitional agriculture that allows four houses without the currently required approval of the planning commission and county commissioners.
Kendle said this would increase property owners’ power over the use of their land by a “small measure.”
The potential change has been discussed by the planning commission and the commissioners since Kendle first proposed it in August. After the planning commission voted 7-2 against such a change, the county board asked them to study the proposal more closely.
The study report from a subcommittee was presented to the Planning Commission on Nov. 17, and the commissioners voted to recommend the county maintain the current regulations on a 5-0 vote, with four commissioners absent.
Planning Commission Vice Chair Dale Niemann shared the subcommittee’s review and presented pros and cons to the county board Nov. 26.
He specifically noted the change could increase property valuations, increase traffic on surrounding roads, increase demand for water in the Seward County Water Conservation District, and reduce the amount of agriculture land in the county.
The report also notes that eliminating the planning commission and board of commissioners’ reviews cancels out their voices in the zoning process.
Kendle delivered his response to the planning commission’s study to the commissioners, noting that if more houses can be built, the tax base would be expanded, leading to lower tax burden, increased wealth for current landowners and growth in the standard of living.
He said traffic increases would be small and offset by the expanded tax base and only a small portion of land would be removed from agriculture use when more homes are built.
Niemann said 1,599, or 69.4%, of Seward County’s 2,304 quarter sections of land are zoned A-1 for agriculture. He said 284 quarter sections, or 12.2%, are zoned TA-1 for transitional agriculture.
Kendle said he counted only 155 quarters, about 10% of the A-1 total, that are now at capacity for housing.
Not all of those property owners would want to rezone their land to add homes. He estimated if all of them did rezone, new housing could remove about 310 acres of land based on the five-acre parcel requirement from the agricultural zone.
The quarter of land on which Kendle lives is at capacity for A-1, but he said he has no immediate plans to add an additional home.
“But if one of our kids or grandkids wanted to move out there, we might like to do that,” he said.
Property owners whose A-1 quarter sections are not at capacity must apply for building permits through the zoning administrator in compliance with regulations, but those applications do not come before the planning commission or county board unless a conditional use permit is required for some reason.
Commission Chair Misty Ahmic said the county is careful in its rezoning to avoid “spot zoning,” but she noted other options may be considered to change the housing allowances, such as increasing the size of acreages required with houses.
She also noted that while the county needs more affordable housing, she is not sure the additional homes that would be constructed if the zoning restrictions were changed would be more affordable.
The Seward County Chamber and Development Partnership (SCCDP) will study countywide housing in the coming months, Ahmic said.
Ahmic also noted that the county has had some issues with people building rural housing without complying with the building permit process.
Pekarek said he would be concerned about road maintenance as housing increases and brings more private vehicle and school bus traffic on existing roads. He said the addition of housing in the county should not be done “willy nilly.”
“You have some good points in your amendment, but I don’t agree with the fact that the county planning board would not have a say,” he said.
Ahmic asked Kendle and Niemann to work with Commissioner Scott Pekarek and her to consider some of the issues discussed.
Kendle also contends the County Water Conservation District created in the eastern portion of the county about 20 years ago is unnecessary and causes property owners to worry more about their access to drinkable water than need be.
He noted that the science of aquifers is complicated.
Ahmic, who participated in a two-year Water Academy as a commissioner, noted how different the Ogallala Aquifer that runs under western Seward County and the Dakota Aquifer that runs under eastern Seward County are.
The county does not regulate the installation of wells. Those are registered with the state.
Commissioner Darrell Zabrocki noted that Seward County has the only water conservation district in the state.
“I am curious as to why we maintain that. I am not sure that purpose is relevant anymore,” Zabrocki said.
Commissioner Raegan Hain, who lives in the western half of the county, said people in her area are also mindful of water supplies due to recent drought.
“We have a lot of issues with the water,” she said. “I would like to hear more about those potential options.”
