Kearney Planning Commission Meeting – November 16, 2018: Rezoning, Vacation, and Plat Approvals
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Kearney Planning Commission Meeting – November 16, 2018
The Planning Commission met on Friday, November 16, 2018, at 8:00 a.m. in City Council Chambers to conduct hearings on a rezoning and development plan for Heartland Motor Sports, street and lot vacations for the Larsen and Morris Subdivision, and a continuation request for the Prairie Meadows Addition. All items except the Prairie Meadows items were approved; the Prairie Meadows items were continued to the December 21, 2018 meeting.
Consent Calendar
- Minutes of October 19, 2018: Approved as written. Commissioner Frederickson abstained; all other members present voted aye.
Public Comments & Testimony
- No members of the public spoke during the hearings. A neighbor referred to by the applicant expressed favor for the Larsen and Morris vacation/plat items, but no formal testimony was given.
Discussion Items
- Heartland Motor Sports Rezoning and Development Plan (Items 4–5): Application by Brungardt Engineering for Bendwager, LLC (Heartland Motor Sports) to rezone Lot 3, Abood Addition (1000 East 1st Street) from C-2 (Community Commercial) to C-2/PD (Planned Development Overlay) and to approve a development plan for a 10,500-square-foot ATV/UTV dealership with showroom, warehouse, and shop. The site is over four acres, triggering the PD requirement. A 20-foot landscape buffer along the west property line (adjacent to a flag lot residential parcel) was waived by staff to avoid snow accumulation issues; the buffer along the north residential lot remains required. Staff recommended approval. The commission approved both items.
- Larsen and Morris Subdivision Vacations and Plat (Items 6–9): Four related applications: (1) Street Vacation No. 1991-10 for Iron Road and Canal Heights Drive; (2) Partial Vacation No. 1991-10 for Lots 1 and 9, Block 1, and Lot 1, Block 2; (3) Preliminary Plat No. 2018-14 for Larsen and Morris Second Subdivision (a 10.23-acre outlot); (4) Final Plat No. 2018-14. Owners Dennis Larsen and Scott Morris seek to preserve the natural, undeveloped character of the property (home to deer, turkey, fox). Existing utilities and drainage easements were retained. Staff noted the outlot complies with R-1 regulations and subdivision agreement will waive rights to protest future improvement districts. The commission approved all four items.
- Prairie Meadows Addition (Items 10–16): The applicant (DT Development) requested a continuance to the December 21, 2018 Planning Commission meeting. These items include vacation of platted utility easements, street vacation, partial vacation, land use map amendment, rezoning, preliminary plat, and final plat. The continuance was approved unanimously.
- Recognition and Remarks: Planning Director Colette thanked Commissioner Tammy Moore for over four years of service. Chairman Stan Dart noted two new appointees: Christy Fitzgerald (attending as observer) and Joey Cochran (starting next month). Mayor Klaus was present and acknowledged.
Key Outcomes
- Rezoning No. 2018-16 (Heartland Motor Sports): Motion to approve by roll call. All aye (Commissioners Moore, McGinnis, Frederickson, McSweeney, Dakin, Dart). Passed.
- Development Plan Approval No. 2018-16 (Heartland Motor Sports): Motion to approve with the specified landscape deviation (20-foot buffer not required along west property line). Roll call: all aye. Passed.
- Street Vacation No. 1991-10 (Larsen and Morris): Motion to approve. Roll call: all aye. Passed.
- Partial Vacation No. 1991-10 (Larsen and Morris): Motion to approve. Roll call: all aye. Passed.
- Preliminary and Final Plat No. 2018-14 (Larsen and Morris Second Subdivision): Motion to approve both together. Roll call: all aye (McSweeney absent? Check transcript: roll call shows Dakin aye, Dart aye, Moore aye, McGinnis aye, Frederickson aye, McSweeney aye? Actually transcript says: "Dakin. Aye. Dart. Aye. Moore. Aye. McGinnis. Aye. Frederickson. McSweeney. Hi." – likely 'aye' for McSweeney. Yes, all aye). Passed.
- Continuation of Items 10–16 (Prairie Meadows): Motion to continue to December 21, 2018. Roll call: all aye.
Meeting Transcript
I'll make a motion to approve the minutes of October 19th as so written. Second. Move to second. Is there discussion? All in favor? Aye. Well, let's do the world. More. Hi. McInnes. Hi. Frederickson. I abstain. McSweeney. I think. Aye. That motion carries. Before we start, I would like to note for you that items number 10 through 16 in regards to Spruce Hollow will not be heard today. They have asked for a continuance to the December meeting. So if you are here to uh on those items, they will not be heard today. Uh and will continue to the December meeting. The first item on our agenda today is a hearing on rezoning number 2018-16 lot three for the abood edition. This is an application submitted by Brungaard Engineering for Benwick Ben Wager LLC, which is Heartland Motor Sports to rezone from District 2 C2 commercial community commercial district. Uh two district C2 PD, community commercial district plan development overlay district for property described as lot three, the boot addition in addition to the city of Kearney. The property is located at 1000 East First Street. Morning, Commissioner Dark. I'm here today to talk to you a little bit about this uh lot three of the Abu edition. Uh Hard Lane Motorsports is looking to relocate off of set off of East Highway 30 out to this facility out here. And with where they're relocating, it's just a little over four acres, so it's a it's it's currently zoned as a C2 zone, but because of the codes, it's a little over four acres. We have to rezone it to a C2PD plan development. So we'll present to you today the request to rezone this lot from C2 to C2PD, and then to also show you the plan development and what they want to do with this facility. So as Mr. Dark stated, we're currently located on East First Street. Uh we are the southeast corner of the Abud development here to the east of uh to the east of us is Ag the First Land. There's a uh commercial developed lake over to the east of us, to the north is a residential lot, and then another C2 zone lot is to the west of us. Currently, as you see the current existing zoning map, once again to the north of us is the residential lot, the driveway down the middle there for the lot, and we'll talk about that here in a minute with Colette about uh landscaping features here. But then we have C2, C2, and then Agrifer. And obviously, because it's over four acres, we're asking to make this a plan development. So what we're looking at here is the actual site, and so yes, this piece of ground right here is residential, and by the code, we're supposed to have a landscape buffer along that. But I'm talking with the city, and Colette will probably address this a little bit better. This is just a driveway. And so we made the suggested to this. Um we'll put the the buffer zone, the 20-foot buffer zone between the lot and the residence to the back, but we won't put that driveway, we won't enclose that driveway with with landscaping with the buffer zone. I think if you think about snow removal and everything else, we could create some problems for their drifting if we were to put that culture build up along the edge here. Uh the site itself, they're looking at right now. Motorsports is looking to only put in a 10,500 square foot building down in the southeast, southwest corner of the lot. Turnaround lane for their vehicles to come in, peel off for their their trucks and everything else, and then closed surface, uh hard surface fenced area in the back. The rest of it's gonna be the way it is. It's gonna stay as an open lot. They're not going to be using it for a track so they can test drive their four-wheelers.
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