The Kearney City Council met at 5:30 p.m. on July 11, 2023, to conduct two public hearings on a land use amendment and rezoning, approve the consent agenda, and receive a presentation on proposed user fees for the new SportsPlex facility. All votes were unanimous.
Well, good evening, everyone. Welcome to our council meeting for July 11th. If it will rise, we'll have a moment of silence and then the Pledge of Allegiance. Thank you. Join us in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. In accordance with Section 8841412, the Nebraska Revised Statutes current copy of the Open Meetings Act is available for review as possible in the law of the council chambers. Mayor Clouds. Here Bush Cutter. Present Nicolette. There. Okay, we have no oral communication, no unfinished business, so we'll move into public hearings one and two, and they can be discussed together but voted on separately. They pertain to property located at 2400 East 32nd Street, submitted by Miller Associates for Low Bar Park LLC. Planning Commission recommended approval. Public hearing one is to consider resolution number 2023-100, amending the land use map to MU2, Office Commercial Retail Mixed Use. And Public Hearing Two is to consider ordinance number 8636 rezoning the property to District C3 General Commercial District. All right, uh good afternoon. My name is Craig Bennett, 1111 Central Avenue with Miller Associates here for um Cody Freeze and part of Rovar Park. And so what we have before you is a rezoning request at this particular point in time. There's 2.87 acres that's located located on the north side of 32nd Street. And use this one here. There we go. North side of 32nd Street and located west of where they currently own their property. And the area that we are looking at is undeveloped, highlighted in blue, surrounded by the yellow there. And it's currently R3 PD, and we're asking tonight to have it be rezoned to C3 PD. And you'll notice from this drawing, too, it goes into what would people would think would be 32nd Street place. The north 40 feet are also a part of that because it's a road lot, so it's not really a plated street. So people think of it as a street, but it's actually a road lot. And so the FLU, the future land use map there, um shows an MDR, and so the MDR is compatible with the MU2, which would be the uh C3 zoning that we're asking for. And so the proposed zoning that you can see here adjacent to the east side is M1 PD, um adjacent and around surrounding the west and southern is the uh is the R3PD. So this would be a softer transition rather than just continuing with M1 through there, and so this will it'll be a similar type of use, probably from a commercial development standpoint. But what we're asking for tonight is to have it rezoned from R3 PD. Um there is some uh challenges with that the particular street and the right-of-way um drainage and some things like that that we've uh worked through the city staff, DRT, public works, and those particular issues there. So when we look at the plant, which was done in 1992, um lot one is this entire entire area here, and then lot two is a road lot, which is actually what you know people think of as a street. So there, so um, it's not built to city street standards and stuff, and so what we're what we're um asking for is that we would rezone this portion which goes to the west edge of of lot one, and um where there's an easement abutting the west side. Um there is a utility easement that goes through the road lot um lot two there at the bottom. So um this is the previous um site survey, it shows taking the north 40 feet and that western portion of lot one where the minor sub is remaining. Um this is looking westerly down the street there, so the area that we're looking at would be just north of that. If I zoom in a little bit, the area that we're looking at rezoning here does have a few drainage challenges and things with the street there, and so um these are some things that uh we have talked about and what improvements could be made. Um again, that's a private street, so to speak. And then looking northerly, this would be the eastern line of what's being rezoned. Some of these trees already have been taken out here along this northern wind break, and of course, these would be taken out too for commercial development. There are existing utilities already along um 32nd Street place there. Um there's a 10-inch water main. Um, and sanitary sewer is in proximity, but does diagonal crossed in between these residential apartments there, these buildings are served from the east, and it would probably be continued in a in a similar manner if a commercial development needs sanitary sewer. So having said that, that's what we're really asking for from a rezoning standpoint and the knowns about the property. Okay, thank you, Craig. Um, these are public hearings.