Kearney Planning Commission Meeting - May 18, 2018
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Kearney Planning Commission Meeting - May 18, 2018
The Kearney Planning Commission met on May 18, 2018, at 9:00 a.m. in the City Council Chambers. All members were present (Chairman Stan Dart, Dave Malone, Richard McGinnis, and others). The meeting covered several agenda items including land use changes, policy adoptions, and updates to the comprehensive plan. All votes were unanimous unless noted otherwise.
Consent Calendar
- Minutes Approval: The minutes from the April 20, 2018 meeting were approved unanimously.
Public Comments & Testimony
- Tim Norwood (part owner of Fox Creek Development LLC) spoke in support of the Fox Creek Second subdivision and storage unit development. He explained that Fred Hammer’s long-term vision included donating part of the property (Lot 5) to the city as open space. He answered questions about infrastructure costs and security plans.
- Scott Hayden (Parks and Recreation Director) provided an update on the potential donation of Lot 5 for public open space. The Parks Board had already recommended acceptance, but formal City Council action was expected in July. He described a minimal-impact design with trails and a small parking area.
Discussion Items
- Vacation No. 2006-02 and 2014-07 & Rezoning No. 2018-06 – Equestrian Hills Third and Fifth: Craig Bennett (Miller & Associates) presented the proposal to vacate and rezone 21.77 acres from RR-2/PD (Rural Residential/Planned Development) to AG (Agricultural). The property consists of undeveloped lots and common areas north of Rolling Hills Road and Clydesdale Circle. Staff noted that the rezoning is consistent with the comprehensive plan (future land use: Rural Estates/Agriculture). The board discussed the existing limitation on second access for further development, which remains unchanged. The vacation and rezoning were approved separately.
- Rezoning No. 2018-07 & Development Plan No. 2018-07 – 715 Avenue D: Craig Bennett presented the application for a 1.06-acre site to add a Planned Development Overlay to existing R-3 zoning to allow a 16-unit two-story apartment building. The density (2,872 sq ft per unit) exceeds the conventional R-3 minimum of 3,000 sq ft, but meets the PD standard of 2,500 sq ft. Staff noted that the development is an infill project on a previously industrial (M1) site. The rezoning and development plan were approved separately.
- Vacation No. 2015-02, Preliminary Plat No. 2018-04, Final Plat No. 2018-04, Rezoning No. 2018-08, & Development Plan No. 2018-08 – Fox Creek Second: A series of interrelated applications to adjust lot lines within an existing subdivision and develop a storage unit building on an MU (Mixed Use) lot. The changes involve shifting boundaries slightly (less than 10 feet), vacating existing lots, and rezoning small strips to R-2 and MU. Lot 5 is proposed to be dedicated to the city as open space. The development plan includes three storage buildings with a total of 30, 20, and 40-foot alleyways, landscaping buffer yards, and a detention cell. Staff recommended approval, noting compatibility with surrounding uses and the planned open space. The vacation, preliminary and final plats, rezoning, and development plan were approved in sequence.
- Adoption of Future Street Map to the 2016 Comprehensive Plan: City Engineer Rod presented an updated future street functional classification map, last revised in 2004. The map designates arterial and collector roads and aims to control access points on arterials. The plan is flexible, allowing adjustments for traffic generators like schools and hospitals. The commission approved the amendment to Section 4.6 of the comprehensive plan.
- Consideration of Policies – Annexation, District Formation, and Agricultural Deferral: Assistant City Manager Paul Rosino presented three policy updates. The Annexation Policy (originally 2009) was updated to remove a note about water rates (now governed by a separate resolution) and to clarify the two-mile extraterritorial jurisdiction boundary and notification requirements. The District Formation Policy establishes criteria for creating special assessment districts, including infrastructure improvement, economic impact, and housing targets. The Agricultural Deferral Policy outlines state statute requirements and triggers for termination, and notes that over $2 million in deferrals are currently outstanding. All three policies were approved as presented.
Key Outcomes
- All motions passed unanimously (votes recorded as ayes for all items).
- The housing committee presented a draft report to the City Council for the following Tuesday, focusing on three recommendations: code adjustments for setbasks and infill lots, an infill lot program, and TIF policy changes.
- Board members expressed appreciation for outgoing Assistant City Manager Paul Rosino’s service and contributions to the commission.
- The meeting adjourned after item 15 (reports and comments).
Meeting Transcript
The Nebraska revised statute. A current copy of the Open Meetings Act is available for review and is posted on the wall of the council chambers over there. Roll call, please. Here. Hello. Dart. Here. McKee. Here. McGuinness. Here. Wolf. Here. We have a quorum. You all have copies of the April 20th minutes of the plan of commission. A motion in order is in order regarding those. Motion to approve is so written. Second. It's been moved and seconded. Is there additional discussion? Nancy. Wolf. Aye. Frederick. McGuinness. Aye. Dirt. Aye. McKean. That motion passes. We have several items on the agenda today. When your item comes up for discussion, please come to the front podium and give us your name and your address. Items four and five are uh tied together and we will hear them together. Uh the hearing is on the rezoning. So uh these items uh are first of vacation uh number 2006-02 and 201407 for equestrian hills third and fifth uh edition, as well as a hearing on rezoning uh number 201806, equestrian hills third and fifth. The first item is to vacate the property uh as described here, and then to rezone that from District RR2 PD rural residential intermediate standards plan development overlay district to District Ag Agriculture District Property described as lot one uh and two of Equestrian Hills Fifth of Crest Valley Ranch, part of that west half is section of 20 uh section 33 Township 9 North Range 16 West of the Sixth Principal Meridian, Buffalo County, Nebraska, as well as lots two, lot four, lot five, and commons areas, um Hefflinger estates all on Equestrian Hills third uh of uh Crest Valley Ranch, a subdivision being lot one equestrian hills of Crest Valley Ranch, now vacated in part of the west half of section 33 Township 9 North, Range 16 West 6. All of this in Buffalo County, north of Rolling Hills Road and Clydesdale Circle. Sir Well said. My name is uh Craig Bennett from Miller Associates, 1111 Central Avenue, and um I'm here to represent uh first Firefly on this uh first Friday Friday LLC on this particular property as you described. Um primarily uh what I'll be talking about here is is about 21.7 acres, 21.77 acres as we go through the rezoning and vacation because they're one and the same, but I'll describe what those lots or parcels look like. And so primarily our property is located on the north side of what would be rolling hills, equestrian hills, and it's portions of Equestrian Hills third. Um primarily is what we're we're asking to be vacated and rezoned back to AG, but it's um highway 30 would be here, and it's basically north and then west of uh which would be the uh golf course. Uh the property currently right now is zoned RR2 with a PD overlay on it, and so we're asking for that to be vacated, those associated lots from that plat and rezone back to AG. The adjoining property that is also owned by the same party is currently uh borders up to what would be 39th Street, the corporate limits, which is zoned AG, and then obviously um Cotton Mill Park and in that area, and so basically all of this is egg around the outside of it, and we're asking for everything that we could possibly get back to A, except for the where there's two lots that have houses on it to it that would remain. So when we look at the total property shown in red here, that total area um encompasses 177 acres. There's two green parcels that are also a part of it, um, which is under the same ownership there, um, and we're asking to to vacate this one as as well. This commons area would remain as well. Um the owner is also uh the president of the HOA for that and ownership of the Commons area. Um the property that we have here, there is a house right here where Mr. Boken Camp lives.
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