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Record of Proceedings

Kearney Planning Commission Meeting – January 18, 2019

Planning Commission — Friday, January 18, 2019
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, January 18, 2019
StatusFILED
Video Record
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Transcript — Verbatim
0:00

My commission to order in accordance with section 841412 of the Nebraska revised statutes a current copy of the open meetings act is available for review and is posted on the wall of the council chambers.

0:12

Roll call, please.

0:15

Hello?

0:15

Here?

0:16

Here.

0:20

Here.

0:21

McGinnis.

0:22

Here.

0:24

We have a quorum.

0:27

Before we begin this meeting, on behalf of the members of the planning commission, both those past and present.

0:35

I want to offer our sincere condolences to the family of Paul Frederickson on his very untimely passing.

0:43

Paul served on the planning commission for 11 years as a public servant dedicated to making Kearney a better community for both now and into the future.

0:53

He was our colleague, occasionally our adversary, and most importantly, our partner.

0:59

And we will miss him.

1:02

Another note, please.

1:04

If you are here to uh present to the commission, uh we would appreciate that when your opportunity comes, if you please step to the center podium, and please give us your name and address.

1:18

As often happens when we are in dialogue with a variety of people, folks will try to talk from the background.

1:26

Please come to the podium and give us your name and address so we can uh make sure we get everything we need.

1:33

Thank you very much.

1:35

You all have copies of the minutes of the uh meeting of December 21st, 2018.

1:42

Is there a motion in regards to those?

1:46

Mr.

1:46

Chairman, I'll make a motion to approve those minutes as so written.

1:51

Second.

1:52

It's been moved and seconded.

1:54

Is there any discussion regarding the minutes?

1:58

Nancy?

1:59

McGuinness.

2:00

Aye.

2:02

I alone.

2:03

Abstain.

2:04

Bacon?

2:05

Abstain.

2:06

McDermott.

2:07

Aye.

2:07

Er.

2:08

Aye.

2:09

Uh not able to pass the minutes at this meeting because we need five votes to do so.

2:13

So we'll good?

2:16

Yeah, we don't need supermajority.

2:17

Oh, just a majority of who's here.

2:19

Okay.

2:20

Good.

2:22

They are passed.

2:24

First item on the agenda is vacation of a platted utility easement number two thousand fifteen-02 for Fox Creek.

2:31

Application submitted by Miller and Associates for Fox Creek Development LLC to vacate a ten foot wide.

2:37

The utility easement shown and dedicated on the final plat of Fox Creek in addition to the city of Carney, Buffalo County, Nebraska described as the south five feet of lot three, except the east five feet thereof, and the north five feet of lot four, except the east five feet thereof.

2:55

In block three, the Fox Creek, and addition the City of Carney, Buffalo County, Nebraska.

3:00

Good morning.

3:01

Good morning, Chairman and Commissioners.

3:03

My name is Craig Bennett, 1111 Central Avenue.

3:06

I'm here to rec represent Fox Creek Development LLC.

3:10

What I have before you today is just a fairly simple easement release, although it does require going through planning commissioning council.

3:17

The easement that I'm I've got before you today is located on the east side of 9th Avenue between 8th and 4th.

3:27

And it's it's uh centered on an existing lot line as originally platted in Fox Creek edition.

3:35

And then since then that has had a minor subdivision where that easement that is located in this location would lie in the middle of the lot.

3:44

Um also in your packets was an overall uh map with some other easement changes because of that minor subdiv or minor um lot split that we had it's located right here.

3:56

A blow-up shows it here.

3:58

And so with the minor lot split in the units, that easement would now be through the middle of of the lot, but that has had a lot split, and so we're asking to release this easement.

4:10

Um this map happens to show some other easements that are being created and uh modified to adjust, but aren't before you they're handled outside of planning commission.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████55%
Water And Wastewater Management███████████14%
Engineering And Infrastructure███████9%
Procedural█████6%
Community Engagement█████6%
Public Works███4%
Religious Assembly██2%
Environmental Protection█1%
Parks and Recreation█1%
Summary of Proceedings

Kearney Planning Commission Meeting – January 18, 2019

The Kearney Planning Commission met on January 18, 2019, at 8:00 a.m. in City Council Chambers. The meeting included a tribute to former commissioner Paul Frederickson, approval of prior minutes, several development applications, and a set of code amendments. Key actions included approval of a utility easement vacation, a rezoning for Eagles Nest, and a series of approvals for Grandview Estates. The largest item, the Arbor Hills development (rezoning and plat), was deferred after extensive public comment citing concerns about lot size, stormwater, traffic, and rural character. The commission also approved multiple city code amendments.

Consent Calendar

  • Minutes of December 21, 2018: Approved by a majority of present members (initial confusion over vote tally was resolved).
  • Vacation of Platted Utility Easement No. 2015-02 – Fox Creek: Approved subject to satisfactory consent from all utility parties before City Council action on February 12, 2019. The motion included a condition that any objections be resolved prior to council.

Public Comments & Testimony

  • Arbor Hills (Items 6-8): Several adjoining landowners and residents spoke in opposition or requested delay. Garland Snow (3662 West 70th Street) submitted a letter from his attorney detailing concerns about density, stormwater runoff, topography, wastewater, traffic, and road safety. Ryan Smith (7250 46th Avenue) cited 47 lots on three-acre minimums as incompatible with the surrounding five-acre-plus lots; he questioned environmental studies, well and septic impacts, road maintenance on 70th Street, and the lack of a defined stormwater plan. Dan Melton (6700 30th Avenue) raised concerns about septic systems affecting groundwater, traffic on 30th Avenue, and a natural drainage valley where water regularly floods. Dennel Nelson (3245 West 56th Street) feared her back ten acres would become landlocked and raised safety issues with a hike/bike trail near her livestock. Dale Jansen (6815 West 46th Street) worried about well levels, septic pollution flowing downhill, and liability on the trail. Beth Baxter (6805 46th Avenue) emphasized the three-acre lots would change the rural character and endanger her horses. Andrew Hoffmeister (5630 46th Avenue) suggested reducing lot count to about 30-32 to better match the neighborhood and asked about floodplain maps and the narrow three-rod county road. Garfield Snow reiterated the need for a professional engineer’s study. The developer’s engineer, Paul Brungardt, stated that a drainage and septic study was already underway and would be completed in about two more weeks.
  • Code Amendments (Item 12): No public testimony was offered.

Discussion Items

  • Rezoning No. 2018-20 – Lots 3 and 4, Eagles Nest Addition: Staff supported removing the Planned Development (PD) overlay, noting that no PD plan was ever implemented and current C-2 standards exceed the 1974 requirements. The commission voted unanimously to approve the rezoning.
  • Arbor Hills – Rezoning No. 2018-21 (Item 6): The application sought to rezone 177.93 acres from AG to RR-1 (Rural Residential, Rural Standards) for 47 lots ranging from 3.0 to 6.15 acres. Staff noted compatibility with the Comprehensive Plan’s “Rural Estates” designation. The rezoning was approved by a vote of 7-0 (one abstention, one not recorded).
  • Arbor Hills – Preliminary and Final Plat (Items 7 & 8): During public hearing, neighbors expressed concerns about lot size (minimum three acres vs. surrounding five+ acres), stormwater drainage in the natural valley, septic system impacts on groundwater, traffic safety on 70th Street and 30th Avenue, fire access, and the proposed hike/bike trail easement near livestock. The developer offered to meet with neighbors after the hearing. The commission debated whether to require an infrastructure feasibility plan (not normally required in the ETJ). Ultimately, a motion to defer both the preliminary and final plat for 30 days (until the next planning commission meeting) passed 5-1, pending completion of the engineer’s drainage and septic study.
  • Grandview Estates – Vacation and Plat (Items 9-11): Presentation by Mitch Humphrey for Kearney Public Schools to vacate Lot 10 of Grandview Estates Tenth and then replat as Grandview Estates Thirteenth (five lots along 45th Street). The project includes stormwater management improvements (a berm and detention) to address runoff from the adjacent school athletic field. Staff recommended approval. Both the vacation and the preliminary/final plat were approved unanimously.
  • Code Amendments (Item 12): Brenda Jensen presented a series of amendments to clean up and update the zoning code. Key changes included: removing “or more” from the manufactured home definition; expanding the definition of religious assembly to include administrative offices and removing the property tax exemption requirement; adding supplemental use regulations for religious assemblies (accessory uses limited to 40% of gross floor area, but excluding fellowship/social halls which were moved back into the primary definition per commission request); revising AG district site regulations (minimum lot area reduced from 20 to 10 acres for a single-family home, lot width reduced from 500 to 225 ft, etc.); revising RR-1 district to clarify the three-acre minimum; and revising RR-2 district to set minimum lot area at 1.75 acres (changed from proposed 1.7) and require NDEQ approval for well and septic on lots under three acres. Each amendment package was approved one by one.

Key Outcomes

  • Vacation No. 2015-02 (Fox Creek): Approved with condition.
  • Rezoning No. 2018-20 (Eagles Nest): Approved (unanimous).
  • Rezoning No. 2018-21 (Arbor Hills): Approved (vote: 7-0 with one abstention).
  • Preliminary Plat No. 2018-16 & Final Plat No. 2018-16 (Arbor Hills): Deferred to the next Planning Commission meeting (February 2019), pending completion of an engineering study on drainage and septic.
  • Vacation No. 2007-09 (Grandview Estates): Approved.
  • Preliminary Plat No. 2018-17 & Final Plat No. 2018-17 (Grandview Estates Thirteenth): Approved.
  • Code Amendments (2018-03): Approved as modified (including 1.75-acre minimum for RR-2 and addition of fellowship/social halls to religious assembly definition).
  • Next Meeting: The commission acknowledged the Nebraska Planning & Zoning Association (NPZA) conference and noted that several members plan to attend.

Meeting Transcript

My commission to order in accordance with section 841412 of the Nebraska revised statutes a current copy of the open meetings act is available for review and is posted on the wall of the council chambers. Roll call, please. Hello? Here? Here. Here. McGinnis. Here. We have a quorum. Before we begin this meeting, on behalf of the members of the planning commission, both those past and present. I want to offer our sincere condolences to the family of Paul Frederickson on his very untimely passing. Paul served on the planning commission for 11 years as a public servant dedicated to making Kearney a better community for both now and into the future. He was our colleague, occasionally our adversary, and most importantly, our partner. And we will miss him. Another note, please. If you are here to uh present to the commission, uh we would appreciate that when your opportunity comes, if you please step to the center podium, and please give us your name and address. As often happens when we are in dialogue with a variety of people, folks will try to talk from the background. Please come to the podium and give us your name and address so we can uh make sure we get everything we need. Thank you very much. You all have copies of the minutes of the uh meeting of December 21st, 2018. Is there a motion in regards to those? Mr. Chairman, I'll make a motion to approve those minutes as so written. Second. It's been moved and seconded. Is there any discussion regarding the minutes? Nancy? McGuinness. Aye. I alone. Abstain. Bacon? Abstain. McDermott. Aye. Er. Aye. Uh not able to pass the minutes at this meeting because we need five votes to do so. So we'll good? Yeah, we don't need supermajority. Oh, just a majority of who's here. Okay. Good. They are passed. First item on the agenda is vacation of a platted utility easement number two thousand fifteen-02 for Fox Creek. Application submitted by Miller and Associates for Fox Creek Development LLC to vacate a ten foot wide. The utility easement shown and dedicated on the final plat of Fox Creek in addition to the city of Carney, Buffalo County, Nebraska described as the south five feet of lot three, except the east five feet thereof, and the north five feet of lot four, except the east five feet thereof. In block three, the Fox Creek, and addition the City of Carney, Buffalo County, Nebraska. Good morning. Good morning, Chairman and Commissioners.

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