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Record of Proceedings

Kearney Planning Commission Meeting - March 15, 2019

Planning Commission — Friday, March 15, 2019
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, March 15, 2019
StatusFILED
Video Record
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Transcript — Verbatim
0:00

Meetings Act is available for review and is posted on the wall of the council chambers.

0:05

Roll call, please.

0:10

Rickard.

0:11

Here.

0:11

Hello.

0:12

McSweeney.

0:13

Here.

0:14

Here.

0:15

McGuinness?

0:16

Here.

0:16

Fusener.

0:17

Here.

0:18

We have a quorum.

0:21

The next item is the minutes of the meeting of the planning commission on February 15th.

0:27

I assume you've all had received and read those minutes.

0:31

A motion in regards to them would be in order.

0:35

Mr.

0:35

Chairman, I'll make a motion to approve the minutes of the February 15th, 2019, as so written.

0:41

Second.

0:42

Moved and seconded.

0:43

Is there any discussion?

0:44

Additions, corrections.

0:47

Nancy.

0:48

McGuinness.

0:49

Aye.

0:50

Rickard.

0:50

Aye.

0:51

Fusener.

0:52

I McSweeney.

0:53

I know.

0:57

I start.

0:58

Abstain.

1:00

The motion passes.

1:03

We have six items on the or three items on the schedule today.

1:08

If you are here to speak on those, please come to the center podium, provide us with your name and address, and tell us the nature of your request.

1:20

The first item is a hearing.

1:22

Revised development plan approval number 1994-22 CMH interiors.

1:28

Application submitted by Brungar Engineering for DevMad properties for revised planned district development plan approval for the proposed construction of addition to the current business building on the property zone.

1:41

District C2 P D community commercial plan development overlay district and described as lot six, block two.

1:48

North Anchor 5th, in addition to the city of Carnival Buffalo County Nebraska, accepting there from the north 125 feet of lot six and except accepting there from all that part of the aforescribed portion of land of said lot conveyed to the city of Nebraska for highway right-of-way.

2:08

Property at 5804 2nd Avenue.

2:11

Good morning.

2:12

Good morning, Mr.

2:13

Dart.

2:14

My name is Paul Brengar with Bringard Engineering.

2:16

I'm at 2715 2nd Avenue Suite C.

2:20

I'm here to represent uh Mr.

2:22

Hallowell and CMH Interiors on their proposed expansion of their facility.

2:27

Um I'll just do a little precursor before that, and that is you might hear me cough and sneeze and wheeze and I'm a little under the weather, but um I'll make sure and keep it as quick as I can and stay back there.

2:39

I know everyone keeps saying stay away.

2:44

Poor Mr.

2:44

Bennett here is gonna have to touch this microphone in this after I'm done with it.

2:48

So sorry, Chris.

2:50

Just sorry right now.

2:51

So get into problems.

3:01

All right, so let's try.

3:05

Thank you.

3:09

So CMH Interiors recently purchased the old Sears building, which is up there on North Second Avenue.

3:15

As you can see from the aerial, they are sitting right here.

3:18

Uh Graham Tires is to the south of them.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████████36%
Procedural███████████████████████████████31%
Engineering And Infrastructure█████████████13%
Sign Regulations███████████11%
Legal Advice████4%
Transportation Safety███3%
Real Estate Matters██2%
Summary of Proceedings

Kearney Planning Commission Meeting - March 15, 2019

The Kearney Planning Commission met on March 15, 2019, at 7:00 a.m. in the City Council Chambers. The meeting included two public hearings: a revised development plan for CMH Interiors' expansion and a rezoning and final plat for Dwayne Second Subdivision. Both items were approved unanimously. Commissioners also discussed professional development, improved motion language, and a volunteer committee for sign code revisions.

Consent Calendar

  • Approval of Minutes (February 15, 2019): Approved on a motion by Commissioner Rickard, seconded by Commissioner Fusener. Vote: 7 ayes, 1 abstention (Commissioner McSweeney). Passed.

Public Comments & Testimony

  • No members of the public testified at either hearing.

Discussion Items

Item 4: Revised Development Plan No. 1994-22 – CMH Interiors (5804 2nd Avenue)

  • Applicant: Paul Brungardt (Brungardt Engineering) for DevMad Properties, LLC.
  • Proposal: Expand the existing 9,200 sq ft Sears building by adding an 18,000 sq ft warehouse (with potential future 4,000 sq ft building). The project includes 9 additional parking stalls, a fire hydrant, an 8-inch water main, stormwater detention, and replacement of three dead trees. The zoning is C-2/PD (Planned Development Overlay).
  • Discussion: Commissioners asked about stormwater management (surface detention), adequacy of the 20-foot buffer yard to the west, and fire sprinkler requirements. Staff (Colette) noted the development meets all site regulations and comp plan goals for infill. No deviations were requested. The existing buffer yard and trees will be retained. The applicant stated the new building will be fully sprinkled.
  • Vote: Motion by Commissioner Cochran, seconded by Commissioner Rickard. Vote: all ayes. Passed.

Items 5 & 6 (Heard Together): Rezoning No. 2019-03 and Final Plat No. 2019-03 – Dwayne Second Subdivision

  • Applicant: Craig Vennitz (Miller & Associates) for DS Farms, a Nebraska Partnership.
  • Proposal: Rezone a 4.97-acre tract (part of a previously preliminarily platted 40-acre parcel) from AG (Agricultural) to M-1 (Limited Industrial) and approve the final plat for a 4.61-acre lot (after dedicating 50 feet of right-of-way). The property is located east of Imperial Road, about 1,300 feet north of Highway 30, within the city’s extraterritorial jurisdiction (ETJ).
  • Discussion: The lot is the second phase of the Dwayne Subdivision (the first lot was approved the prior month). It will have well and septic, on-site stormwater detention. Commissioners asked about ownership (the buyer chose this lot over the first) and road naming (49th Street for 911 purposes). The site is in the aviation overlay district. Staff confirmed the rezoning is consistent with the General Industrial future land use map and the 2016 Comprehensive Plan. Buffalo County had submitted a comment on the first phase (regarding a cul-de-sac radius) but no comment on this phase was received in time for the meeting.
  • Vote on Rezoning: Motion by Commissioner Rickard, seconded by Commissioner Cochran. Vote: all ayes. Passed.
  • Vote on Final Plat: Motion by Commissioner Rickard, seconded by Commissioner Cochran. Vote: all ayes. Passed.

Board Comments & Other Business

  • NPZA Conference: Several commissioners attended the Nebraska Planning and Zoning Association conference the prior week. Commissioner Rickard emphasized the value of stating factual bases in motions for the record. Commissioner Scott-Pandorf encouraged more discussion on items with public opposition.
  • Liability Insurance: A question was raised about whether the city's insurance covers commissioners in legal challenges. Staff is following up.
  • Bylaws Review: Commissioner Scott-Pandorf proposed reviewing the commission’s bylaws, which have not been updated in over 3.5 years. Staff will distribute them for review before the next meeting.
  • Sign Code Revision: Staff announced a revision of the city’s sign code (last updated 2003) to comply with a federal Supreme Court decision. Three commissioners volunteered to serve on a subcommittee: Dave Malone, Monte Dakan, and Jamie Bernu. The revision will involve input from sign installers and contractors.

Adjournment

  • The meeting adjourned unanimously at approximately 8:30 a.m.

Meeting Transcript

Meetings Act is available for review and is posted on the wall of the council chambers. Roll call, please. Rickard. Here. Hello. McSweeney. Here. Here. McGuinness? Here. Fusener. Here. We have a quorum. The next item is the minutes of the meeting of the planning commission on February 15th. I assume you've all had received and read those minutes. A motion in regards to them would be in order. Mr. Chairman, I'll make a motion to approve the minutes of the February 15th, 2019, as so written. Second. Moved and seconded. Is there any discussion? Additions, corrections. Nancy. McGuinness. Aye. Rickard. Aye. Fusener. I McSweeney. I know. I start. Abstain. The motion passes. We have six items on the or three items on the schedule today. If you are here to speak on those, please come to the center podium, provide us with your name and address, and tell us the nature of your request. The first item is a hearing. Revised development plan approval number 1994-22 CMH interiors. Application submitted by Brungar Engineering for DevMad properties for revised planned district development plan approval for the proposed construction of addition to the current business building on the property zone. District C2 P D community commercial plan development overlay district and described as lot six, block two. North Anchor 5th, in addition to the city of Carnival Buffalo County Nebraska, accepting there from the north 125 feet of lot six and except accepting there from all that part of the aforescribed portion of land of said lot conveyed to the city of Nebraska for highway right-of-way. Property at 5804 2nd Avenue. Good morning. Good morning, Mr. Dart. My name is Paul Brengar with Bringard Engineering. I'm at 2715 2nd Avenue Suite C. I'm here to represent uh Mr. Hallowell and CMH Interiors on their proposed expansion of their facility. Um I'll just do a little precursor before that, and that is you might hear me cough and sneeze and wheeze and I'm a little under the weather, but um I'll make sure and keep it as quick as I can and stay back there. I know everyone keeps saying stay away.

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