Kearney Planning Commission Meeting – February 16, 2018
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Kearney Planning Commission Meeting – February 16, 2018
The Kearney Planning Commission met on February 16, 2018, at 9:00 a.m. in the City Council Chambers to consider a conditional use permit for a daycare facility and a land use map amendment and rezoning for a potential apartment development. Both items were approved after public hearings and staff presentations.
Consent Calendar
- Approval of January 19, 2018, Minutes: The minutes were approved with Commission Member Malone abstaining and all other members voting in favor.
Discussion Items
Conditional Use Permit No. 2018‑01 (The Table Church)
- Applicant: Joshua and Lisa Miller (The Table Church) requested a Conditional Use Permit (CUP) to operate a childcare facility and preschool on property zoned R‑1 (Low Density Residential) at 515 East 56th Street.
- Presentation: Lisa Miller described the existing daycare north of Kearney that would be moved to the new location. The property has 41 parking stalls (including two handicapped spaces), two fenced playground areas, and direct building access to both playgrounds. Operating hours are 6:00 a.m. to 6:00 p.m. Monday through Friday, with no plans to extend them.
- Staff Comments: Planning staff (Colette) noted that daycare centers are a civic use allowed in R‑1 with a CUP. The proposal meets all residential‑zone requirements for parking and hours. Staff recommended approval with conditions: provide a copy of the state license, maintain hours between 6:00 a.m. and 6:00 p.m., require employees to park in the easternmost lot area, and automatically renew the CUP every five years absent legitimate complaints.
- Motion and Vote: A motion to approve the CUP with the stated conditions was made and seconded. The motion passed on a roll‑call vote (members present voted in favor; no dissent recorded).
Land Use Map Amendment No. 2018‑01 (LUM 2018‑01) and Rezoning No. 2018‑02 (Buffalo Properties, LLC)
- Applicant: Miller & Associates, representing Buffalo Properties, LLC, requested an amendment to the Future Land Use Map from Low Density Residential (LDR) to Medium Density Residential (MDR) and a rezoning from M‑1 (Limited Industrial) and R‑2 (Urban Residential Two‑Family) to R‑3 (Urban Residential Multi‑Family). The property (1.06 acres) is located at 715 Avenue D, on the southeast edge of Kearney.
- Presentation: Craig Bennett (Miller & Associates) explained that the vacant site has been platted since 1981 but never developed. A previous attempt to develop single‑family homes was abandoned due to an underground storm sewer. The applicant envisions a multifamily project (apartments) with up to 14‑15 units. Bennett noted that the surrounding zoning is mixed (M‑1, C‑3, R‑2, and AG outside city limits) and that MDR is a better transition than LDR.
- Staff Comments: Staff supported both the land‑use amendment and the rezoning. Colette noted that the property’s industrial zoning had not led to development in over 30 years. Medium density is the only classification that allows multifamily, and placing an R‑3 zone adjacent to M‑1 provides a logical buffer. The amendment applies only to this parcel; the future of the adjoining land to the east remains LDR for now.
- Commission Discussion: Commissioners asked about density (maximum ~14‑15 units), buildable area (north part is constrained by the storm sewer), and the impact on the neighboring agricultural/undeveloped land. The consensus was that MDR is a more suitable use for this parcel.
- Motions and Votes: Two separate motions were made:
- Land Use Map Amendment (LUM 2018‑01): Motion to approve the change from LDR to MDR. Passed unanimously on roll‑call vote.
- Rezoning (No. 2018‑02): Motion to rezone the property from M‑1 and R‑2 to R‑3. Passed unanimously on roll‑call vote.
Key Outcomes
- Conditional Use Permit No. 2018‑01 (The Table Church): Approved with conditions (state license, hours 6 a.m.–6 p.m., employee parking, five‑year auto‑renewal).
- Land Use Map Amendment No. 2018‑01: Approved – changed the designation of the subject 1.06‑acre parcel from Low Density Residential to Medium Density Residential.
- Rezoning No. 2018‑02: Approved – rezoned the same parcel from M‑1 (Limited Industrial) and R‑2 to R‑3 (Urban Residential Multi‑Family).
All votes were carried without opposition. The meeting adjourned following member comments.
Meeting Transcript
Meeting the order. Um in accordance with section 84 1412 of the Nebraska revised statutes, a copy of the current a current copy of the open meetings act is available for review and is posted in the wall on the wall of the council chambers. All right. Um I guess we need to have a roll call. Frederickson? Here more? Here. Malone. Here Bergland. Here. McGinnis. Here. Well. Here. Okay, we have a quorum. We you all have copies of the January 19th meeting. Uh would we have a motion to approve those? Can I move to approve the minutes? A second. And moved and seconded to approve the minutes. So we have a call, rule call. Wolf? Hi. Malone. Abstain. Frederickson. I wolf Berglund. I more. Aye. McGinnis. Motion passes. Okay, the first item on the agenda is a conditional use permit number 2018-01 for the application submitted by Joshua and Lisa Miller of the table church for conditional use permit to operate a child care facility and preschool on Property Zone District R1 Urban Residential Single Family District, Low Density, and described as lot 28 block 7. Countryside estates addition to the city of Carney, Buffalo County, Nebraska. 1515, East 56. Do we have anyone to speak? Could you give us your uh name and address for the record as well? Um Lisa Miller, 3040 East 102nd Street, Kearney, Nebraska. Okay, good. Um, so we are coming to you to ask um to apply for the conventional use permit. We currently have a daycare um north of Kearney, and we are wanting to take that facility that we have north of Carney and move it into um City Limits. Um the location that we have right now, there is um the like the parking, there's 41 parking stalls. There's already two handicapped stalls. Um our employee parking area will be on the east side of the parking lot, and then we will have two fenced-in playground areas. There is um on the west side there will be a smaller playground area, and then to the south side of the property there will be a larger um playground area, and that will be um surrounded by a four-foot um fence, and there's actually there will be three, there will be one gate separating the two, and then there'll be two other gates within the large playground area. Um there will be some inside the building. We will end up doing some updates to um for state regulations to meet um the regulations for um the restrooms and also for um the kitchen and stuff that we'll end up doing some updating um updating toward anyone have any questions. Do you have direct access from the building to both playgrounds? Um yes, so on the um north on the north side there's an exit that goes out um straight out to the lawn area, and then on the west side there is an exit that goes to the playground, and then on the south side of the building there's another exit. So there is um exits directly from inside the building to the playground area. Your uh hours of operation are from six to six.
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