Planning Commission Meeting – December 21, 2018

The Kearney Planning Commission met on December 21, 2018, at 8:00 a.m. in City Council Chambers to consider multiple zoning, platting, and vacation requests. The meeting included a conditional use permit for a preschool, two rezoning applications, a large mixed-use development (Prairie Meadows Addition), a new residential subdivision (Spruce Hollow Estates Eighth Addition), and an alley vacation. All items were recommended for approval by staff and were approved by the Commission, often after public hearings and developer presentations.

Consent Calendar

• Approval of Minutes: The minutes from the November 16, 2018, meeting were approved.

Public Comments & Testimony

• Item 4 (First Baptist Church Preschool): Amber Watson, applicant, stated the preschool serves 56 families, operates four sessions with a maximum of 16 children per class, and currently has three staff. She confirmed hours would be 8:25 a.m. to 2:25 p.m. The permit requires a state license, 6 a.m. to 6 p.m. operating window, and termination if conditions are not met.
• Items 6 & 7 (Elementary School Second Addition): Kent Washington, resident at 1110 East 52nd Street, expressed concern about additional traffic at the intersection of Avenue N and 56th Street, especially during school hours. He asked that access be limited to a single driveway and that the property not be rezoned to C-1. Applicant Mitch Humphrey confirmed access would be from 55th Street (approximately 350 feet from the intersection) and that the CO (office) zoning would remain.
• Items 8–14 (Prairie Meadows Addition): No public comments were received at this meeting; however, Commissioner Malone noted that nine neighbors spoke in opposition at the October 19, 2018, meeting and that subsequent neighborhood meetings had resolved concerns.

Discussion Items

• Item 4 – Conditional Use Permit No. 2018-05 (First Baptist Church Preschool): The applicant requested a conditional use permit to operate a preschool at 3610 6th Avenue, zoned R-1. Staff (Colette) stated preschools fall under daycare centers and are allowed with a conditional use permit when licensed. The site meets parking and supplemental regulations. The permit was approved contingent on submission of a state license, limited hours (6 a.m.–6 p.m.), and termination clauses.
• Item 5 – Rezoning No. 2018-17 (First Baptist Church): The church sought to rezone a 2.5-acre vacant parcel at the southwest corner of 39th Street and 6th Avenue from R-1 to C-O (Office District). Staff recommended adding a Planned Development overlay (C-O/PD) to buffer adjacent R-1 homes. The applicant agreed. The rezoning was approved.
• Items 6 & 7 – Land Use Map Amendment No. 2018-05 & Rezoning No. 2018-18 (Elementary School Second Addition): A 3.58-acre parcel west of Avenue N and south of 56th Street, formerly owned by Kearney Public Schools, was proposed for amendment from Civic to Neighborhood Mixed Use and rezoning from R-1 to C-O. Staff found both compatible with the comprehensive plan. The applicant noted a single access point and plans to preserve existing trees as a buffer. Both actions were approved.
• Items 8–14 – Prairie Meadows Addition (Multiple Related Actions): This group included vacation of utility easements, street vacation, parcel vacation, land use map amendment (from Low Density Residential to Neighborhood Mixed Use for a portion), rezoning of several parcels (from R-1, R-2/PD to R-2, C-O, C-1(N)/PD, and C-2), and approval of preliminary and final plats. Applicant Craig Bennett (Miller & Associates) described changes made after neighborhood meetings, including reducing commercial intensity, adding an open space lot, and maintaining an R-1 buffer. Staff supported the revised plan. All seven actions were approved separately.
• Items 15–18 – Spruce Hollow Estates Eighth Addition: A 12.14-acre parcel north of Spruce Hollow Boulevard was rezoned from AG to R-1, and a preliminary/final plat (29 single-family lots) and annexation were approved. The plat includes a note prohibiting individual lot access onto Spruce Hollow Boulevard. No public comments were received.
• Item 19 – Alley Vacation No. 2018-02 (Patriot Industrial Park): The City of Kearney requested vacation of a 30-foot-wide alley in Patriot Industrial Park to allow larger lot configurations. The alley had not been developed and utilities can be served from adjacent streets. The vacation was approved without hearing.

Key Outcomes

• Item 4 – Conditional Use Permit 2018-05: Approved (majority vote; Malone abstained initially but later voted aye).
• Item 5 – Rezoning 2018-17: Approved (unanimous voice vote).
• Item 6 – Land Use Map Amendment 2018-05: Approved (unanimous).
• Item 7 – Rezoning 2018-18: Approved (unanimous).
• Item 8 – Utility Easement Vacation: Approved (unanimous).
• Item 9 – Street Vacation: Approved (unanimous).
• Item 10 – Parcel Vacation: Approved (unanimous).
• Item 11 – Land Use Map Amendment 2018-04: Approved (unanimous).
• Item 12 – Rezoning 2018-15 (Prairie Meadows Addition): Approved (unanimous).
• Items 13 & 14 – Preliminary & Final Plat 2018-13: Approved (unanimous).
• Item 15 – Rezoning 2018-19 (Spruce Hollow Eighth Addition): Approved (unanimous).
• Items 16 & 17 – Preliminary & Final Plat 2018-15: Approved (unanimous).
• Item 18 – Annexation 2018-15: Approved (unanimous).
• Item 19 – Alley Vacation 2018-02: Approved (unanimous).

All approved items will be forwarded to the City Council for final action on January 8, 2019, as announced at the start of the meeting.