OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning Commission Meeting – June 15, 2018

Planning Commission — Friday, June 15, 2018
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, June 15, 2018
StatusFILED
Video Record
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Transcript — Verbatim
0:00

For section 841412 of the Nebraska Revised Statutes current copy of the opens meeting act is available for review and is posted on the wall of the council chambers.

0:10

We'll call, please.

0:11

Frederickson?

0:12

Here.

0:14

Here.

0:16

Here.

0:17

Here.

0:18

Here.

0:19

McGinnis.

0:19

Here.

0:20

Hello?

0:20

Here.

0:22

We have a quorum.

0:24

You all have copies of the minutes of the May 18th meeting.

0:28

And motion in regards to those would be in order.

0:32

I'll make a motion we approve the minutes or sent out.

0:36

Second.

0:37

It's been moved and seconded.

0:39

Is there any discussion about anything on the minutes?

0:43

Nancy.

0:44

McGinnis?

0:45

Yes.

0:46

Aye.

0:47

Hello?

0:48

Yes.

0:48

Sweeney?

0:49

Epstein.

0:50

Frederickson.

0:52

More.

0:52

Abstain.

0:54

Abstain.

0:56

Where did that pass?

0:59

We got three out of seven.

1:02

Should be good.

1:02

Yeah, right.

1:04

Okay, we got four.

1:05

They looked good, but it wasn't here, so I probably shouldn't.

1:11

You look good.

1:13

Um several meeting items on the agenda.

1:16

We're gonna start with item number four and number five and hear them together.

1:20

They are both uh relative to the same parcel of ground.

1:23

The first is a hearing on the land use map amendment for property located at 1616 West 39th Street.

1:30

Uh that request is to um amend the land use map of Carney uh comprehensive development plan from civic to neighborhood mixed use property.

1:41

Uh and the rezoning for that same property would be to rezone the property from District R1 Urban Residential Single Family District to Low Density, uh low density to district CO office district.

1:52

Uh this is the property located at 1616 West 39th Street.

1:57

Morning.

1:58

All right, good morning, Chairman.

1:59

My name is uh Craig Bennett, 1111 Central Avenue from Millen Associates, and I'm here to represent uh the first Baptist Church of Kearney.

2:08

Uh the property as you described is already located um south of 39th Street and east of 17th Avenue, uh long-standing developed uh piece of property for the first Baptist Church.

2:21

And so the reason that we're here today is um they are obviously uh uh relocating, and so this is a component of um uh leaving that site, and they would like to ask for this site to be rezoned uh from R1 uh to the CO.

2:38

And so I'll just kind of go through that.

2:40

It's about a little over three acres, 3.23 acres.

2:43

And one of the things from a rezoning standpoint is we took a broad look at what is that 39th Street corridor look like today and how is it evolved.

2:53

And so this map here I've kind of used to show show 39th Street from 2nd Avenue, clear west to 30th Avenue.

3:00

And as we look at 39th Street, we can see intersperse of what used to be R1 all the way through that corridor, and now we see a mix of um CO, C1, and even C2 through there.

3:15

And as we look at this corridor, even at this intersection here, we've already seen that change in density from uh R1 to R3, and that is in the um uh multifamily housing components, but we see CO and C1 at that same intersection and then right across the street, uh which is a building they had at one time too, which is now CO as as well.

3:38

But we see that CO, which is a purple consistently all the way through that corridor.

3:43

Uh this is a uh an in an intersection of two arterial streets.

3:48

It does have a stoplight on it, and it does make good sense for for that probably to be changed, really.

3:54

The use that you see with um a church or facility, the traffic counts and things like that, probably looks and feels a lot like a CO at some of those peak times as well.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████65%
Sign Regulations██████████14%
Procedural████████12%
Public Works███5%
Transportation Safety█2%
Public Engagement█2%
Summary of Proceedings

Planning Commission Meeting – June 15, 2018

The Kearney Planning Commission met on June 15, 2018 at 9:00 a.m. in City Council Chambers. The commission considered four public hearings: a land use map amendment and rezoning for a church property, a rezoning to rural residential, a conditional use permit for a telecommunications tower (tabled), and an annexation of state-owned land. All actions except the tabled item were approved. The meeting concluded with board comments on billboard regulations and the annual report.

Consent Calendar

  • Approval of Minutes (May 18, 2018): The minutes were approved by a voice vote. The roll call showed 4 ayes, with at least one abstention, resulting in passage.

Public Comments & Testimony

  • Item 4 & 5 – Land Use Map Amendment & Rezoning (1616 West 39th Street): Craig Bennett of Miller & Associates, representing First Baptist Church, presented the request. He stated the church is relocating and seeks to rezone its 3.23-acre site from R-1 (single-family residential) to C-O (office district) and amend the land use map from Civic to Neighborhood Mixed Use (MU1). He argued that the 39th Street corridor has evolved with mixed uses and that C-O is the least intensive commercial zone, compatible with adjacent residential. Staff (Colette) recommended approval, noting the comprehensive plan supports orderly development and that staff opposed any zone higher than C-O. No public testimony from other citizens was given.
  • Item 6 – Rezoning (1850 West Highway 40): The applicant (Trenton Snow for Wayne and Jamie Paquin) was not present. Staff explained the request to rezone a 2.5-acre parcel from C-3/PD to RR-1 to unify zoning under a single, less intensive district. Staff supported the rezoning. No public testimony.
  • Item 8 – Annexation (State-owned land east of Kearney): City Attorney Michael Ty presented the proposal to annex approximately 654 feet north of Highway 30, east of Cherry Avenue. He stated the state acquired the land for the expressway project and is agreeable to annexation. Annexation would allow future redevelopment and grant eligibility. No public testimony.

Discussion Items

  • Items 4 & 5 (Land Use Map Amendment & Rezoning – 1616 West 39th Street): Commissioners discussed traffic impacts and potential uses. Craig Bennett noted the church's traffic is limited to specific days, and C-O uses (e.g., medical offices) generate less traffic than retail. Commissioner McGinnis expressed unease about not knowing a specific buyer, but others noted C-O is the least impactful option. Staff confirmed a medical or office use is likely. After closing the hearing, a motion to approve the land use map amendment passed on a roll call (7-0). A subsequent motion to approve the rezoning also passed unanimously (7-0).
  • Item 6 (Rezoning – 1850 West Highway 40): The commission discussed that the C-3/PD zone had been applied earlier but never developed. Commissioner McGinnis asked if the change requires additional screening; staff said no because it is less intense. The commission closed the hearing and approved the rezoning unanimously (7-0).
  • Item 7 (Conditional Use Permit – Viaero Wireless, 3821 2nd Avenue): The applicant requested a continuance. Commissioner Darby (or other) moved to table the matter to a future meeting. The motion carried unanimously.
  • Item 8 (Annexation No. 2018-01): City Attorney Ty answered questions about environmental liability (the state retains responsibility), contiguity (via the Cabela's parcel), and the purpose of enabling future development. The commission closed the hearing and approved the annexation on a 6-0 roll call (Commissioner Sweeney voted aye; all others present voted aye; one commissioner absent).
  • Board Comments: A discussion arose about billboard changes on Second Avenue. Commissioner McGinnis noted a new four-face sign and questioned if an old two-face sign was removed. Staff and City Attorney Ty explained the existing sign code allows relocation and upgrading of existing signs, but new billboards are limited. The commission requested staff research the specific sign and report back. Commissioner Frederickson commended staff for thorough preparation and noted the annual report showed high approval rates, reflecting effective pre-processing. They also thanked volunteer commissioners.

Key Outcomes

  • Land Use Map Amendment No. 2018-02 (1616 West 39th Street): Approved (7-0). Changed designation from Civic to Neighborhood Mixed Use.
  • Rezoning No. 2018-09 (1616 West 39th Street): Approved (7-0). Rezoned from R-1 to C-O.
  • Rezoning No. 2018-10 (1850 West Highway 40): Approved (7-0). Rezoned from C-3/PD to RR-1.
  • Conditional Use Permit No. 2018-03 (Viaero Wireless): Tabled at applicant's request (unanimous).
  • Annexation No. 2018-01: Approved (6-0). Annexed state-owned parcels east of Kearney along the expressway corridor.
  • Next Steps: Staff to research billboard modification details as requested by Commissioner McGinnis. The annual report was acknowledged with appreciation.

Meeting Transcript

For section 841412 of the Nebraska Revised Statutes current copy of the opens meeting act is available for review and is posted on the wall of the council chambers. We'll call, please. Frederickson? Here. Here. Here. Here. Here. McGinnis. Here. Hello? Here. We have a quorum. You all have copies of the minutes of the May 18th meeting. And motion in regards to those would be in order. I'll make a motion we approve the minutes or sent out. Second. It's been moved and seconded. Is there any discussion about anything on the minutes? Nancy. McGinnis? Yes. Aye. Hello? Yes. Sweeney? Epstein. Frederickson. More. Abstain. Abstain. Where did that pass? We got three out of seven. Should be good. Yeah, right. Okay, we got four. They looked good, but it wasn't here, so I probably shouldn't. You look good. Um several meeting items on the agenda. We're gonna start with item number four and number five and hear them together. They are both uh relative to the same parcel of ground. The first is a hearing on the land use map amendment for property located at 1616 West 39th Street. Uh that request is to um amend the land use map of Carney uh comprehensive development plan from civic to neighborhood mixed use property. Uh and the rezoning for that same property would be to rezone the property from District R1 Urban Residential Single Family District to Low Density, uh low density to district CO office district. Uh this is the property located at 1616 West 39th Street. Morning. All right, good morning, Chairman. My name is uh Craig Bennett, 1111 Central Avenue from Millen Associates, and I'm here to represent uh the first Baptist Church of Kearney. Uh the property as you described is already located um south of 39th Street and east of 17th Avenue, uh long-standing developed uh piece of property for the first Baptist Church. And so the reason that we're here today is um they are obviously uh uh relocating, and so this is a component of um uh leaving that site, and they would like to ask for this site to be rezoned uh from R1 uh to the CO.

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