Kearney Planning Commission Meeting – October 19, 2018

The Planning Commission met on October 19, 2018 at 7:00 a.m. at City Council Chambers. The meeting began with an announcement on the Open Meetings Act and roll call. The commission approved minutes of the September 21, 2018 meeting and took action on several land-use items. The main focus was a series of applications for the Prairie Meadows Addition (DT Development), which drew significant public opposition and was continued for one month to allow further discussion between the developer and neighborhood residents. A conditional use permit for temporary dirt storage was approved unanimously. An update on the Housing Committee and study was also presented.

Consent Calendar

• Minutes Approval: The commission unanimously approved the minutes from the meeting held September 21, 2018.

Conditional Use Permit No. 2018-04 – 3985 Coal Chute Road

• Application: Blessing, LLC dba Blessing Premier Property requested a Conditional Use Permit to temporarily store dirt on property zoned AG (Agricultural District).
• Staff Recommendation: Staff recommended approval subject to six conditions, including stockpiling existing soil only, contouring the stockpile, maintaining ground cover, and removing the dirt within two years from city council approval.
• Applicant Presentation: Craig Binnett (Miller & Associates) represented the applicant. He stated that the dirt had been on site for about 5-6 months and noted that ground cover would be maintained to prevent blowing. He agreed to all conditions.
• Public Comment: No public comments were offered.
• Vote: Motion to approve the conditional use permit subject to the listed conditions passed unanimously (all members present voting aye).

Prairie Meadows Addition – Items 5-11 (Vacations, Rezoning, Preliminary/Final Plat)

These items pertained to the same parcel at the northeast corner of 56th Street and 11th Avenue. The applications included vacations of platted utility easements, street vacation, partial vacation, land use map amendment, rezoning, preliminary plat, and final plat. DT Development (represented by Craig Binnett) sought to reorganize lots, vacate and re-plat streets (including converting 10th Avenue to a private street), and rezone portions from R-1 and R-2/PD to R-2, C-1(N)/PD, and C-2. The conceptual plan showed a mixed-use neighborhood with commercial and second-story residential.

Public Comments & Testimony

• Rick Rhodes (5912 6th Avenue): Opposed the rezoning, stating he would not have built his home if commercial zoning had been disclosed. Cited traffic concerns near Buffalo Hills Elementary and the loss of residential character.
• Dean Pegg (1005 West 61st Street Place): Strongly opposed, stating he spent $600,000 on his home and felt deceived. He argued proposed buffers are inadequate and that commercial development would ruin the neighborhood.
• Jason Shouda (1004 West 61st Street Place): Questioned traffic flow options, noting no entrance off 56th Street and reliance on the roundabout near the school.
• John Lobig (6007 11th Avenue): Opposed, stating he was told the area would remain single-family and that a hike/bike path had not been built. Raised concerns about water issues and traffic.
• Sally Dubbs (5907 6th Avenue): Opposed, noting that residents can already walk to existing commercial areas and that a strip mall would harm the neighborhood.
• Chelsea Lubig (6007 11th Avenue): Strongly opposed, stating she and her husband (a city officer) built their dream home expecting single-family residential only.
• Bryce Johnson (corner of 11th and 64th Street): Opposed, citing existing water problems in basements and concerns that parking lots would exacerbate drainage issues.
• Matt Myers (5908 6th Avenue): Opposed, agreeing with neighbors that the buffer is insufficient and that commercial would be visible from his back deck.
• Tiffany Shuda (1004 West 61st Street Place): Concerned about traffic flow, stating that walking children to school is already stressful and commercial traffic would worsen safety.
• Kim Pegg (1005 West 61st Street Place): Opposed, arguing property values would decline and asked for studies on the impact.
• Dr. Aaron May (5904 Sixth Avenue): Opposed, citing deception, safety concerns for children, and the loss of natural surroundings.

Discussion Items

• Craig Binnett Presentation: He explained the rationale for the rezoning—to create a walkable neighborhood with a mix of commercial and residential, consistent with the 2016 Comprehensive Plan and the planned hike/bike trails. He noted the C-1(N)/PD district limits building size (under 10,000 sq ft) and requires further design review.
• Staff Comments (Colette): Staff supported the applications, noting compatibility with the Comprehensive Plan and the transition from commercial to lower-density residential.
• Commission Discussion: Several commissioners expressed concern about the lack of communication between the developer and residents. Chairman Stan Dart suggested continuing the items for one month to allow the developer to meet with neighbors. A motion to continue all DT Development items (5-11) was made, seconded, and approved unanimously.

Key Outcomes

• Conditional Use Permit No. 2018-04: Approved unanimously with conditions.
• Prairie Meadows Addition Items (5-11): All items were continued for one month (to the November 2018 meeting) to enable a meeting between DT Development and neighborhood residents. The developer’s representative, Craig Binnett, indicated willingness to schedule a meeting, and lead objector Rick Rhodes offered to coordinate.
• Housing Initiative Update: The commission received a report from Assistant City Manager Eric Hellrigal on the housing study recommendations. Discussion included TIF limitations, need for rehabilitation of older homes, workforce development in construction trades, and downtown second-story redevelopment challenges. No action was taken.