Planning Commission Meeting – December 15, 2017

The Kearney Planning Commission convened on December 15, 2017, at 9:00 a.m. to consider a full agenda including utility easement vacations, land use amendments, rezoning requests, preliminary and final plats for several subdivisions, and two code amendments. The meeting covered 20 agenda items, with most recommendations approved, one tied vote forwarded to city council, and two code amendments adopted with modifications.

Consent Calendar

• Minutes of the November 17, 2017, meeting were approved unanimously.

Public Comments & Testimony

• Item 4 – Vacation of Utility Easement: Doug Windhorst, the applicant, explained the easement had never been used and he wished to remove it to allow future development. No opposing public testimony was offered.
• Items 5 & 6 – Lake Villa Estates Rezoning: Justin Herman (attorney) and Shauna Doggren (CFO of Kappa Ethanol Holdings) spoke in favor of the C2 zoning and land use change, stating the lots would be redeveloped into an administrative office building. Ron Blessing (Lake Villa resident) expressed general support for the project but neutral on C2 vs. CO. John Strayer and Mary Strayer (residents) voiced concerns about potential incompatible uses under C2, preferring CO for better transition to residential. No other public testimony opposed the project.
• Items 7–9 – Hagan Subdivision: Craig Bennett represented the applicants; no public testimony was offered.
• Items 10–12 – Spruce Hollow Estates Seventh: Craig Bennett for DT Development described plans for a convenience store and road network; no public testimony was offered.
• Items 13–15 – BT Acres: Craig Bennett for the Brandt Trust; no public testimony was offered.
• Items 16–17 – Patriot Second Subdivision: Craig Bennett for the City of Kearney; no public testimony was offered.
• Item 18 – Rezoning 105 West 25th Street: Brad Ryan (tenant/lessee) testified in favor, stating the car lot had generated revenue and the property needed revitalization. No opposing public testimony was offered.
• Item 19 – Sign Code Amendment: Max Richardson (Building Official) explained the amendment; no public testimony was offered.
• Item 20 – CBD Encroachment Code Amendment: Brent Yaw proposed the amendment; no public testimony was offered.

Discussion Items

• Item 4 – Vacation of Platted Utility Easement No. 1999-19: Staff supported the vacation, noting the easement was unused and adjacent utilities were adequate. The commission approved unanimously.
• Items 5 & 6 – Land Use Map Amendment and Rezoning for 11 South Central Avenue: The applicant requested C2 zoning to match the adjacent lot (former Grandpa’s Steakhouse). Some commissioners questioned whether CO (Office) would be a better transition to the R1 residential to the south. Staff noted C2 was consistent with surrounding commercial and that the comprehensive plan supported redevelopment. The public expressed mixed views but ultimately the commission approved both the land use amendment (unanimous) and the rezoning (6–1, with Frederickson dissenting).
• Items 7–9 – Hagan Subdivision: Rezoning from AG to RR-1, preliminary and final plat for a 3.01-acre lot to allow an outbuilding. The lot had a non-conforming frontage of 195 feet (minimum 200 feet), but staff noted setbacks were sufficient. Approved unanimously.
• Items 10–12 – Spruce Hollow Estates Seventh: Partial vacation of Lot 1, Block 1, followed by preliminary and final plat creating four lots. Infrastructure plans included new streets (57th Street, 18th Avenue) and a roundabout. A convenience store was planned at the northwest corner of 56th Street and 17th Avenue. Approved unanimously.
• Items 13–15 – BT Acres: Rezoning from AG to BP/PD, preliminary and final plat for a 5.29-acre lot. The site lacked sanitary sewer; a subdivision agreement would require connection when sewer becomes available. Approved unanimously.
• Items 16–17 – Patriot Second Subdivision: Preliminary and final plat for a two-lot subdivision on city-owned property. A 50-foot buffer strip along Piper Avenue was retained for city control. The existing building on lot one will be retained. Approved unanimously.
• Item 18 – Rezoning No. 2017-22 – 105 West 25th Street: The applicant sought to rezone from CBD to C3 to allow continued use as a car lot. The commission had requested staff contact adjacent property owners, but the city manager directed staff not to, citing potential coercion. The vote was tied 4–4 (Nancy, Moore, Dart, McGinnis in favor; Frederickson, Sweeney, Malone, McKean against). The motion failed, so the matter will be forwarded to city council with a split recommendation.
• Item 19 – Code Amendment No. 2017-05 – Sign Regulations: The amendment clarified language in Tables 50-3 and 50-4 and Section 50-113, allowing outdoor advertising signs to be relocated up to 150 feet on the same property with an administrative permit. The commission added an amendment to include “his or her designee” after “chief building official.” Approved with that modification.
• Item 20 – Code Amendment No. 2017-02 – CBD Encroachment: The amendment proposed allowing balconies, windows, and architectural features to encroach into the public right-of-way, consistent with the International Building Code. Staff recommended a minimum height of 12 feet with a maximum encroachment of 4 feet, limited to street frontages, and subject to a license agreement. The commission approved the amendment with staff’s modifications (including the license agreement requirement).

Key Outcomes

• Vacation of Utility Easement: Approved unanimously.
• Land Use Map Amendment (Lake Villa Estates): Approved unanimously.
• Rezoning (Lake Villa Estates to C2): Approved 6–1 (Frederickson dissenting).
• Hagan Subdivision (Rezoning, Preliminary & Final Plat): Approved unanimously.
• Spruce Hollow Estates Seventh (Vacation, Preliminary & Final Plat): Approved unanimously.
• BT Acres (Rezoning, Preliminary & Final Plat): Approved unanimously.
• Patriot Second Subdivision (Preliminary & Final Plat): Approved unanimously.
• Rezoning 105 West 25th Street: Motion failed on a 4–4 tie; forwarded to city council.
• Sign Code Amendment: Approved with added “his or her designee” language.
• CBD Encroachment Code Amendment: Approved with staff modifications (12-foot minimum height, 4-foot maximum encroachment, street frontage only, license agreement required).
• Housing Study Committee: Reported progress; next meeting scheduled for the following Monday.