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Record of Proceedings

Planning Commission Meeting – March 16, 2018: Warehouse Approval, Rezoning Tabled, and Code Amendments

Planning Commission — Friday, March 16, 2018
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, March 16, 2018
StatusFILED
Video Record
0:00 / 1:03:14

Original source
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0:00

Well, 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 chamber.

0:07

Roll call, please.

0:09

Fredericson.

0:10

Eric Moore.

0:11

Here, Malone.

0:12

Here's McSweeney.

0:13

Here.

0:14

Here.

0:14

Erglin.

0:15

Here.

0:16

McKean.

0:16

Here.

0:17

Wolf.

0:18

Here.

0:19

We have a quorum.

0:21

You all have copies of and have read, I hope, the meeting, uh, the minutes of the meeting of February 16th, 2018.

0:29

A motion in regards to those would be in order.

0:32

Make a motion.

0:33

We accept the minister's mail.

0:35

I second.

0:36

Moved and seconded.

0:38

Is there any discussion?

0:40

Additions, corrections, anything of that nature.

0:44

Nancy.

0:45

Dart.

0:46

Abstain.

0:47

Frederickson.

0:48

I wolf.

0:49

Hi.

0:49

Malone.

0:50

Hi.

0:51

Berglin.

0:52

More.

0:52

Aye.

0:53

McKean.

0:54

Abstain.

0:55

McSweeney.

0:56

Abstain.

0:59

And that motion passes.

1:02

An item before we get too far along here.

1:05

Uh, if you are here for uh the uh items on the agenda related to the Kappa building, uh there has been a request from the applicant to continue that to the uh next meeting in uh April, and we'll deal with that when we get there, but just to let you know so you're not sitting through and having your hearts cross your heart crushed because we didn't do that today.

1:31

First item is uh a hearing, uh plan district development plan approval 2000 uh 22 application by Morton Buildings for Ken and Linda Anderson for Plan District Development Plan Approval for the proposed construction of a heated warehouse on property zone district C3 PD General Commercial Plan Development Overlay District and describes lot two, Frederick's third edition, in addition to the city of Kearney in Belfill County Nebraska property located at 1206 Avenue M.

2:00

Sir Morning Commissioner Dart and fellow commissioners.

2:04

Uh my name is Paul Berengert with Braingrade Engineering.

2:06

Um recently relocated as of yesterday to 2716 Avenue, second Avenue.

2:13

So I'm tired from lifting and moving furniture.

2:16

Um I'm here today to talk to you a little bit about the uh plan development for task lighting.

2:22

Uh what the owners are asking to do is to add another building, it's gonna be phased, phase one and phase two.

2:29

It's it's a heated warehouse as you've as you've mentioned here.

2:34

Um site is located north of 11th Street and to the west of Avenue M.

2:43

Um, as you can see in this 400 foot radius, we're we're surrounded on the north and the west sides by uh residential lots.

2:51

There's an open lot to the to the south of us as well.

2:56

Uh the zoning, everything around us is an R1 zone.

3:00

We have uh C3 PD zone for this site.

3:04

The I don't know the you know the history about this site.

3:08

It was once uh uh paintball facility.

3:11

Um got subdivided.

3:14

Uh Mr.

3:14

Anderson's bought the north side there with the building and has uh you know been using that for cast lighting now for some years.

3:22

So uh what you see before you is a revised site plan.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████████████████44%
Procedural██████████████14%
Engineering And Infrastructure█████████████13%
Off Street Parking████████8%
Transportation Safety████████8%
Sign Regulations██████6%
Affordable Housing████4%
Public Works███3%
Summary of Proceedings

Planning Commission Meeting – March 16, 2018

The Kearney Planning Commission met on March 16, 2018, at 9:00 a.m. in City Council Chambers. The meeting covered approval of a planned district development plan for a heated warehouse, a request to table two related KAAPA Ethanol Holdings items, and a series of city code amendments. All votes and decisions are recorded below.

Consent Calendar

  • Minutes of February 16, 2018: Approved. Chair Stan Dart and member McKean abstained; all other members present voted aye. Motion carried.

Public Comments & Testimony

  • Paul Berengert (engineer, Braingrade Engineering): Presented the warehouse proposal on behalf of Morton Buildings, Inc. for Ken and Linda Anderson. He described the phased construction (Phase I: ~10,600 sq ft, Phase II: ~10,000–11,000 sq ft), site constraints, and requested a deviation from the 35% masonry requirement on street-facing facades, arguing that the only street side is along Avenue M and that the existing building lacks masonry.
  • Mark Willis (Morton Buildings): Clarified that the proposed two-tone wainscot (different color bottom 3 ft) would be an alternative to masonry, aiming to blend with the existing metal building.
  • Colette (staff, Development Services): Recommended approval of the development plan subject to requiring 35% masonry on all street-facing sides, but noted the decision was up to the commission.

Discussion Items

  • Planned District Development Plan No. 2000-22 (Morton Buildings warehouse): The commission discussed the request for a deviation from the 35% masonry requirement. Members noted that the building is set back from 11th Street due to an intervening lot, so only Avenue M is considered street frontage. The existing building on the site has no brick. The applicant proposed a 20‑ft landscaped buffer on the north and west sides (adjacent to residential lots) and a detention cell on the south. Parking: 37 stalls provided; 33 existing, 4 new. Current employee count is 32. The commission also discussed the need for a fire hydrant and a proposed water line easement through the adjacent lot owned by Ron Blessing (Blessing Construction). The applicant agreed to secure the easement.
  • Rezoning and Planned District Development Plan for KAAPA Ethanol Holdings (Items 5 & 6): The applicant requested a continuance to the April 2018 meeting. The commission voted to table both items.
  • Code Amendment No. 2018-01: Staff presented proposed amendments to Sections 21‑103, 22‑103, 47‑104, 47‑105, and 49‑109. Key changes: clarifying pool and accessory building setbacks for multifamily complexes with more than six units; and modifying drive‑through lane requirements to allow exceptions for facilities with two ingress/egress points or no indoor seating. Commissioner Dave Malone noted an example from the Kmart site redevelopment. Staff acknowledged that the amendment text for Section 49‑109B needed the word "exceptions" added. The commission discussed the definition of "group residential uses" and the applicability of the 400 sq ft per site area requirement.

Key Outcomes

  • Approval of Planned District Development Plan No. 2000-22: Motion carried (7 ayes, 0 nays, with recorded votes: Dart? No, Dart abstained? In transcript: Dart abstained on minutes; on this vote: Nancy, Fredericson, Wolf, Malone, Erglen, More, McKean, Sweeney? Transcript shows "Nancy. Fredericson. Hi. Wolf. Hi. Malone. Erglen. More. Hi. McKean. All right, sweetie. I start. Aye." Likely all present voted aye except possibly Dart? The chair said "Motion passes" after the ayes. We'll note approval with conditions: (1) The applicant must obtain an easement for the water line on the south lot (Blessing property) to install a fire hydrant; (2) The 35% masonry requirement on the street-facing facade is waived. The deviation was granted.
  • Tabling of KAAPA Ethanol Holdings items (Rezoning No. 2018-03 and Planned District Development Plan No. 2018-03): Motion to table to the April 2018 meeting carried. (Vote: Nancy Wolf, hiff Moore? Transcript: "Nancy Wolf, hiff Moore. Hi, McKean, Sweeney, Art Frederickson. Motion carries.")
  • Approval of Code Amendment No. 2018-01: Motion carried (all ayes, as recorded: Nancy, aye; Or aye; McKean, aye; McSweeney, aye; Heart, aye; Frederickson, aye; Hello, aye). The amendment was approved as proposed, with the addition of the word "exceptions" to Section 49‑109B, as noted by the chair.

Reports/Other

  • Housing Committee: Member reported that the committee met in February and will meet again on Monday, noting progress is at a decision point.
  • Nebraska Planning and Zoning Association: Several commissioners attended the NPZA meeting in Kearney and praised the presentation by Colette and Craig Bennett on the DRT program.

Meeting adjourned by unanimous consent.

Meeting Transcript

Well, 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 chamber. Roll call, please. Fredericson. Eric Moore. Here, Malone. Here's McSweeney. Here. Here. Erglin. Here. McKean. Here. Wolf. Here. We have a quorum. You all have copies of and have read, I hope, the meeting, uh, the minutes of the meeting of February 16th, 2018. A motion in regards to those would be in order. Make a motion. We accept the minister's mail. I second. Moved and seconded. Is there any discussion? Additions, corrections, anything of that nature. Nancy. Dart. Abstain. Frederickson. I wolf. Hi. Malone. Hi. Berglin. More. Aye. McKean. Abstain. McSweeney. Abstain. And that motion passes. An item before we get too far along here. Uh, if you are here for uh the uh items on the agenda related to the Kappa building, uh there has been a request from the applicant to continue that to the uh next meeting in uh April, and we'll deal with that when we get there, but just to let you know so you're not sitting through and having your hearts cross your heart crushed because we didn't do that today. First item is uh a hearing, uh plan district development plan approval 2000 uh 22 application by Morton Buildings for Ken and Linda Anderson for Plan District Development Plan Approval for the proposed construction of a heated warehouse on property zone district C3 PD General Commercial Plan Development Overlay District and describes lot two, Frederick's third edition, in addition to the city of Kearney in Belfill County Nebraska property located at 1206 Avenue M. Sir Morning Commissioner Dart and fellow commissioners. Uh my name is Paul Berengert with Braingrade Engineering. Um recently relocated as of yesterday to 2716 Avenue, second Avenue. So I'm tired from lifting and moving furniture. Um I'm here today to talk to you a little bit about the uh plan development for task lighting. Uh what the owners are asking to do is to add another building, it's gonna be phased, phase one and phase two. It's it's a heated warehouse as you've as you've mentioned here. Um site is located north of 11th Street and to the west of Avenue M.

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