Kearney Planning Commission Meeting - February 15, 2019

The Kearney Planning Commission met on February 15, 2019, at 8:00 a.m. in the City Council Chambers. Chairperson Dave Malone presided. The meeting included a continued hearing on The Arbor Hills subdivision (preliminary and final plat), hearings on the Dwayne Subdivision (rezoning, preliminary and final plat), and hearings on Park View Estates Ninth (rezoning, preliminary and final plat, and annexation). The City Attorney also presented on the process for vacating utility easements. Several members of the public spoke on The Arbor Hills proposal.

Consent Calendar

• Minutes of January 18, 2019: Approved unanimously with Commissioners McSweeney and Rickard abstaining.

Public Comments & Testimony

• Garland Snow (adjacent property owner at 3662 W. 70th St.) expressed concerns that lot sizes were too small (3 acres) for the area, that the hike/bike trail would create livestock safety and liability issues, and that promises made by the developer (e.g., considering larger lots) had not been kept.
• Ken Pierce (3711 W. 56th St.) questioned school bus route safety, soil permeability (clay not sand), and argued the subdivision would set a precedent by placing a “small village in the middle of agriculture.” He urged the commission to vote based on current information, not speculation about county road maintenance.
• Beth Baxter (6805 46th Ave.) noted dangerous road conditions near the proposed entrance on 70th Street and increased liability from more people near her horses.
• Lorna Snow (3662 W. 70th St.) clarified that neighbors oppose the large number of lots (47), not the RR-1 zoning itself.
• Deborah Gibbs (3845 W. 56th St.) noted that the rezoning for Arbor Hills had been continued at city council, asked who would maintain drainage structures after lots are sold, and expressed concern about lack of enforceable covenants.
• Dan Melton (6700 30th Ave.) echoed safety and liability concerns regarding livestock and hike/bike trail, and questioned who would enforce promises made by the developer.
• Denel Nelson (3245 W. 56th St.) argued that 3-acre lots are not “like and kind” to the surrounding agricultural area, and that fireworks from 47 new homes would disturb her cattle. She felt the development would push agriculture out.

Discussion Items

• Arbor Hills (Preliminary Plat No. 2018-16 & Final Plat No. 2018-16) – Continued from January 18, 2019. Applicant Mitch Humphrey (Buffalo Surveying Corp.) and engineer Paul Brungard presented updated plans, including a drainage study with eight detention cells/berms, a well and septic conceptual plan for 3-acre lots, and comparisons of road widths on nearby county roads. They noted that the county’s road maintenance policy was under discussion but not yet changed. City Attorney Mike Tice clarified that the county board had only referred the issue to its planning commission. The developer (Seth Tisher) offered to enter into a stormwater maintenance agreement with the city. Staff recommended approval. After public comment, the commission voted 5-2 to approve both the preliminary and final plats (Commissioners McGuinness and Dakan opposed).

• Dwayne Subdivision (Rezoning No. 2019-01, Preliminary Plat No. 2019-01, Final Plat No. 2019-01) – Applicant Chad Dixon (Miller & Associates) proposed rezoning 5 acres (Lot 1) from AG to M-1 (Limited Industrial) and platted 8 lots on 43.5 acres east of Imperial Road, north of Highway 30. No city utilities would be used; wells and septic are planned. County comments led to a 66-foot cul-de-sac radius. Staff recommended approval. The commission voted unanimously to approve the rezoning, the preliminary plat, and the final plat for Lot 1.

• Park View Estates Ninth (Rezoning No. 2019-02, Preliminary Plat No. 2019-02, Final Plat No. 2019-02, Annexation No. 2019-02) – Applicant Chad Dixon proposed rezoning 8 lots from AG to R-1 (single-family) and R-2 (mixed-density) between 13th and 17th Avenues south of 8th Street, with the intent to build single-family homes on the ends and duplexes in the middle. The subdivision would be annexed into the city. Existing water, sewer, and stormwater infrastructure can serve the site. Staff recommended approval. The commission voted unanimously to approve the rezoning, the preliminary and final plats, and the annexation.

• Presentation by City Attorney on Easement Vacations – Mike Tice explained the process for vacating public easements, including notice to utilities and upcoming changes to ensure utility comments are received before the planning commission hearing. The commission discussed density issues in the extraterritorial jurisdiction and agreed to consider a future agenda item on minimum lot sizes.

Key Outcomes

• Arbor Hills: Preliminary Plat No. 2018-16 and Final Plat No. 2018-16 approved 5-2 (McGuinness and Dakan dissenting). The developer offered to sign a stormwater maintenance agreement with the city.
• Dwayne Subdivision: Rezoning No. 2019-01, Preliminary Plat No. 2019-01, and Final Plat No. 2019-01 (Lot 1) all approved unanimously.
• Park View Estates Ninth: Rezoning No. 2019-02, Preliminary Plat No. 2019-02, Final Plat No. 2019-02, and Annexation No. 2019-02 all approved unanimously.
• The commission expressed interest in discussing minimum lot sizes in the ETJ at a future meeting.