Kearney City Council Meeting: January 14, 2025 - Habitat for Humanity Subdivision, Tech One Subdivision, and Code Amendments Approved
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Kearney City Council Meeting: January 14, 2025 (5:30 PM)
The Kearney City Council met on January 14, 2025 at 5:30 PM in the City Council Chambers. Mayor Jonathan Nikkila presided. Council members present: Randy Buschkoetter (Vice-President), Tami James Moore, Kurt Schmidt, and Alex Straatman. The meeting included public hearings on three major proposals: the Marlatt Fourth Addition (primarily a Habitat for Humanity subdivision), the Tech One Fourth Subdivision, and a series of code amendments. All items on the consent agenda and regular agenda were approved with unanimous votes, except one abstention from Council Member Moore on the Village Plaza Second Addition infrastructure agreement.
Public Hearings (Items 1-3): Marlatt Fourth Addition (Habitat for Humanity)
- Applicant: Miller & Associates, for Kearney Area Habitat for Humanity, Inc., KDIVER, LLC, EXHUNTING, LLC, and the City of Kearney.
- Location: East of Avenue M, north of East 17th Street, Kearney.
- Proposals: (1) Vacate alleys, streets, and lots in Whiteaker’s Grove Addition (Ordinances 8703-8713); (2) Amend the Land Use Map from Light Industrial (LI) and Low Density Residential (LDR) to all LDR (Resolution 2025-1); (3) Rezone from R-1 to R-1D (Ordinance 8714); (4) Approve the Final Plat and Subdivision Agreement for Marlatt Fourth Addition (Resolution 2025-2).
- Details: The 14.5-acre site will create 48 total lots: 45 for Habitat for Humanity, two stormwater detention outlots, and one retained existing house lot. Habitat builds about three homes per year. The first phase includes 18 lots and one outlot. The subdivision will extend Avenue P and utilize existing water and sewer infrastructure. Stormwater detention will be provided in two cells, with outfall to a city-owned former railroad corridor that will be converted to a drainage channel. The retained house lot required a unique plat adjustment.
- Public Comment: None.
- Outcome: All ordinances and resolutions were approved unanimously (5-0).
Public Hearings (Items 4-5): Tech One Fourth Subdivision
- Applicant: Miller & Associates, for the City of Kearney.
- Location: South of 56th Street, west of Chase Avenue.
- Proposals: (1) Rezone from BP/PD (Business Park/Planned Development) to BP (Business Park) (Ordinance 8715); (2) Approve the Final Plat and Subdivision Agreement for Tech One Fourth Subdivision (Resolution 2025-3).
- Details: The 30.18-acre site is not contiguous to city limits, hence “subdivision” not “addition.” It will create four lots with access from Butler Avenue. Existing water (16-inch high-pressure main) and sewer (via the Veterans Home) are available. Lots will require on-site stormwater detention; outfall will go to the existing NRD channel. A portion of the site lies within the 1% annual flood zone (FEMA).
- Public Comment: None.
- Outcome: Both item passed unanimously (5-0).
Public Hearings (Items 6-9): Code Amendments (Ordinances 8716-8719)
- Presenter: Melissa Dordy O'Hara, City Planner.
- Changes:
- Chapter 12 (Definitions): Clarified definitions for Conditional Use Permit (CUP), Dwelling Unit, Planned Development (removed “Unit”), Townhouse Structure (consistent requirement of three or more units), and added a definition for Outlot.
- Chapter 13 (Use Types): Removed “Two-Family Residential” (antiquated and no longer used since 2002 update) and removed potentially discriminatory language from convalescent services definition.
- Chapter 14 (Zoning District Regulations): Updated use tables to replace certain Planned Development designations with Conditional Use Permits (e.g., for uses like general office in R-1D, R-2, R-3 by CUP; R-4 by right). Allowed single-family attached dwellings in commercial districts where duplexes were already allowed. Removed the two-family use designation.
- Chapter 59 (Administration and Procedures): Added clarity on CUP transfer, amendments, and sunset clauses.
- Planning Commission Recommendation: Unanimous except for Chapter 14, where one commissioner dissented citing concerns that CUPs are temporary in nature and could pose risk to businesses.
- Council Discussion: Council Member Kotsiopulos (who was not present? Actually, in transcript Schmidt asked about the dissenting vote. Staff explained that CUPs are permanent as long as conditions are met and transfer with the property, with notification required).
- Public Comment: None.
- Outcome: All four ordinances were approved unanimously (5-0).
Consent Agenda
- Items approved (all unanimously):
- Minutes of December 17, 2024.
- Claims.
- Appointments: Jonathan Nikkila to Kearney Visitors Bureau; Kurt Schmidt and Tami James Moore to Buffalo County Economic Development Council; Tami James Moore, Alex Straatman, and Chuck Ogle to Joint Airport Zoning Board.
- Extension of Conditional Use Permit 2019-04 for Vontz Paving, Inc. (sand & gravel extraction) for five years.
- Extension of Conditional Use Permit 2019-05 for Vontz Paving, Inc. (asphalt batch plant) for two years.
- Resolution 2025-4: Annual Redevelopment Project Report (CRA).
- Resolution 2025-5: Award bid for 2025 Part 1 Improvements – 30th Avenue Overpass Rehabilitation to KEA Constructors for $1,536,241.10.
- Award bid for Kearney Public Library HVAC Replacement to Rutt’s Heating & A/C Inc. for $190,750.00.
- Resolution 2025-6: Appoint City employee Brandon Shafto as City Street Superintendent for 2025.
Key Outcomes
- Marlatt Fourth Addition: All vacation ordinances (8703-8713), land use map amendment (Resolution 2025-1), rezoning ordinance (8714), and final plat resolution (2025-2) passed unanimously. This paves the way for a 45-lot Habitat for Humanity subdivision.
- Tech One Fourth Subdivision: Rezoning (Ordinance 8715) and final plat (Resolution 2025-3) passed unanimously, creating four business park lots.
- Code Amendments: Ordinances 8716, 8717, 8718, and 8719 passed unanimously, updating definitions, use types, zoning tables, and CUP procedures.
- Consent Agenda: All nine items approved unanimously.
- Regular Agenda: Resolution 2025-7 (Developer Constructed Infrastructure Agreement for Village Plaza Second Addition – KCSH Apartments) adopted with Council Member Moore abstaining.
- Adjournment: Meeting adjourned by unanimous consent.
Meeting Transcript
All right. Join me 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 Liberty and Justice Roll. All right. In accordance with section 84 1412 of the Nebraska Revised Statutes. A current copy of the Open Meetings Act is available for review and is posted on the wall of the council meet chambers. Peggy, please take roll. Here. Bush Cutter. Here, Schmidt. Here. Stratman. Here. All right. Thank you. There's no oral communications. There's no unfinished business. So we're going to start with public hearings. The first one, public hearings one through three can be discussed together but voted on separately. They pertain to the applications submitted by Miller Associates for the Carney Area Habitat for Humanity. Kiver LLC, X Huntington, LC, and City of Carney for the development of Marlat 4th Edition Planning Commission recommended approval. Craig. All right. Good evening. My name is Craig Bennett, 1111 Central Avenue, representing all of those same parties that you just uh referenced there for Marlet 4th edition, which is primarily to be known as the Habitat for Humanity Subdivision. And so it kind of just kind of take us through this property here. The area that we're talking about is highlighted by this yellow boundary here. And that is the overall preliminary plat area. So before you tonight, we'll be the rezoning of some of this vacation of some of the other lots that are located in this northern area, which were lots that were platted along the railroad right away when that used to bisect that area. So there's streets and alleys that still exist, and the lot still exists, which are uh owned by uh Cadiver and EX Hunting on this portion here and habitat owning this portion here. And so the combination of these are coming before you tonight as a combined plat, of which will ultimately be the entire property will be habitats when done, uh with the exception of one house that's remaining out there. So it's kind of a nice way to clean this up, so to speak, and so that's what we'll be taking through. It's found on the west by Avenue M and the vacated railroad, which uh the city of Kearney is the owner of that, which is utilized for future stormwater drainage conveyance uh measures. So as we take kind of take a look at it, there's also some lots here that are a part of that area as well. This particular property is a different landowner in uh butting the northwest corner and is not participating along the south side is the last phases that we did, which were known as Marlet uh for second and third, and so this will be the fourth, and we'll be continuing Avenue P northerly into this particular subdivision. Um, as a part of this, the future land use map is um bisected in the middle with LDR, low density residential on the south, and LI for the light industrial on the north, and so we're asking for that to be modified to be all LDR. The existing zoning for this entire parcel is R1. What's before you tonight is to ask for that to be rezoned to R1D. Um, the new zoning district that you guys approved, and we've been using that on some other subdivisions. It's been advantageous for helping us, especially in habitat, get a little bit more condensed footprints on some of the lots. It will also give them some opportunities if they ever um a desire to approach a duplex scenario within some of these lots, and so that has been discussed that it could be a future home type that they would have. And so uh from an existing water infrastructure, we have a four a 24-inch water main on the west side, very similar to what we did on the uh other previous phases. We've been extending water easterly through the subdivision uh to serve this property. The sanitary sewer already has a 12-inch sanitary sewer main that is in a dedicated easement that goes along this pathway and then continues northerly on Avenue O cross other people's property to serve some property that's further north of this. And so we already have this there. There will be assessments that will be applied to this when they connect and plot this stormwater. Uh we have an existing what's shown in this brown line here, uh box culvert infrastructure with a series of inlets that are adjacent on the west side, very similar to what we did in the first phase.
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