Kearney Planning Commission Meeting – May 17, 2019
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Kearney Planning Commission Meeting – May 17, 2019
The Kearney Planning Commission met on May 17, 2019, at 7:00 a.m. in City Council Chambers. The meeting covered a revised planned development for transitional housing, a three-item rezoning/final plat/annexation for the Arbor View First subdivision, approval of revised by-laws, and election of a vice-chairman. Public testimony highlighted concerns over road access, drainage, and maintenance responsibilities.
Consent Calendar
- Approved the minutes of the April 19, 2019, meeting by unanimous voice vote.
Public Comments & Testimony
- Marsha Wilkerson (1621 East 67th Street) expressed support for the Arbor View development but raised concerns about only two exits (one onto a minimum maintenance road), potential traffic impacts, stormwater runoff, and the burden on 20 homeowners to pay for future improvements to 67th Street. She requested more paved exits and equitable cost-sharing.
- Del Madsen (1421 East 67th Street) questioned who would maintain Avenue R after it is built to county RL2 standard, noting the county had stated they would not maintain it. He was concerned about increased traffic past his home.
- Chris Holtz (1341 East 67th Street) echoed concerns about road maintenance, annexation of Avenue R, and stormwater drainage. He noted that houses behind his lot would drain water onto his property, potentially affecting his septic system. He also asked about the 25-foot building setback from property lines.
- Kurt Wilkerson (1621 East 67th Street) asked about utility line depth and who would bear costs if lines were damaged during construction of Avenue R.
- Katie Rickard (1431 East 67th Street) supported growth but emphasized the need for a second paved exit from Arbor View, citing safety for children and traffic congestion. She noted that the county only maintains the road when asked politely.
Discussion Items
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Revised Planned District Development Plan No. 2006-06 – Just for Ladies (Item 4): Nick McIntyre (White Site Construction) presented the plan to remodel the north half of the existing facility into 16 transitional housing units. The plan includes removing a swimming pool and exercise area, adding a central hallway, and providing sprinkler systems. Staff confirmed the use is permitted in C-1/PD zoning, parking exceeds requirements (88 spaces vs. 66 required), and the project is consistent with the comprehensive plan. Chairperson Dave Malone recused himself from this item. The hearing was closed, and a motion to approve carried on roll call (7-0).
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Arbor View First – Rezoning, Final Plat, Annexation (Items 5-7): Craig Bennett (Miller & Associates) presented Phase 1 of a 66-acre master-planned subdivision. The phase covers 17 acres east of Avenue N, between 65th and 67th Streets. The proposal includes rezoning from AG to R-1, final plat approval for 30 lots, and annexation into the city. Infrastructure plans include sanitary sewer, water, and stormwater drainage with detention cells and inlets. Staff from the city (Colette) noted that a letter from Buffalo County raised concerns about road width, drainage, and maintenance, but staff found the proposal met standards. The county’s letter was made part of the record. Discussion focused on drainage along the north property line, road connectivity, and emergency vehicle access. All three motions passed on roll call votes.
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Revised By-Laws (Item 8): The commission reviewed proposed changes to the by-laws, particularly the wording of item number 9 regarding motions following public hearings. After debate, a motion to table the by-laws for clarification of language was approved by voice vote.
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Election of Vice-Chairman (Item 9): The floor was opened for nominations. Richard McGinnis was nominated and seconded. No other nominations were made. By secret ballot, McGinnis was elected vice-chairman.
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Reports/Comments (Item 10): Staff reported that new aerial photographs for GIS are expected by mid-June. The sign committee is continuing work on the sign code and will meet after the meeting.
Key Outcomes
- Approved Revised Planned District Development Plan No. 2006-06 (Just for Ladies) – motion carried 7-0.
- Approved Rezoning No. 2019-06 (Arbor View First – AG to R-1) – motion carried.
- Approved Final Plat No. 2019-05 (Arbor View First) – motion carried.
- Approved Annexation No. 2019-05 (Arbor View First) – motion carried.
- Tabled Approval of Revised By-Laws – motion carried; further clarification of item number 9 wording requested.
- Elected Richard McGinnis as Vice-Chairman.
- Adjourned at approximately 8:15 a.m. (local time) after a motion and second.
Meeting Transcript
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 rickard here McDermott here Malone here Dart here Deacon here McGuinness here Cochran here fusner here we have a quorum um you all have copies of the meeting minutes from April nineteenth a motion in regards to those would be in order Mr. Chairman I move we approve the minutes that were for the April 19 2019 meeting second has been moved and second uh joey gets this one thank you um any additional discussion Nancy Malone Fusner record dart McDermott Cochrane Deacon I McGuinness aye motion carries uh we have uh several items on the agenda this morning before we get started a couple of things that I'd like for you to consider as we go through go through this first of all if and when it's time for you to come to the uh to provide any information to us please come to the center podium speak into the microphone and provide us with your name and address likewise um I will I think we need to reaffirm occasionally that the planning commission is a recommendated body to the city council the action that we take here is sent on further to the city council for their final approval uh you're welcome to comment and um again when you do if you do please come to the center microphone and participate in the conversation the first item that we have on the agenda today is a hearing on revised plan development district plan number two thousand six oh six uh just for ladies the application submitted by Crossroads Center for revised planned district development plan approval for the proposed remodeling of the current north half of the facility into a transit transitional housing units on property zone district C1 PD limited commercial plan development overlay district and described as lot two grand view estate's eighth edition in addition of the city of county Buffalo County uh Nebraska the property is located at eight fourteen oh eight east thirty ninth street is there anyone here to be heard on this matter Mr. Chairman I'm gonna recuse my cell phone okay let that uh be noted that Mr. Malone has left the panel please come forward and talk to us good morning I am Nick McIntyre I'm a sales representative for white site construction out of Stamford Nebraska that's 10250710 Road and I'm here representing uh crossroads on the development of this of this property here so I assume that you had some information on this property this is basically the front facility just for ladies and the backs of course where the uh six sixteen apartments will be remodeled out of the back part anyway where the swim pools back there will be taken out all those that all that we gutted and basically referbished into 16 apartments access from the front and the back and of course then it's the center hallway down through the middle all this is being developed by uh Brandenburg Bradley Vandenberg engineering if you have questions I don't know exactly what I've never been here before never been at one of these meetings so it's kind of new to me as to what to do or expect so I assume someone from your firm participated with the city uh development plan hearing or discuss this with the city they have been on this okay is that part of the building where the apartments will be put in is it vacant now or is it in use? No there's a swimming pool back there and there's exercise area back there for just for ladies as I said that will all be removed the pool will be taken out and filled in and so that we have one flat floor out there to develop the whole inside of it. Um, have any questions for access from the business into the residences? How is that going to be managed? Well, there's one door opening, you know, going out the back part over the left-hand side there, going into a corridor back there that goes into the apartments. Now, whether that will be left there or not, you know, it doesn't need to be because there is another exit out of the just for ladies to the east and also to the front entrance to the south. If I were to look at this, I would say it's somewhat of a motel sort of traffic pattern. You've got an opening at one end and an opening up the other, and tenants will move through that central hallway. Correct. And the apartments themselves do not have individual openings out into the outside. Correct. Okay. They do not it is sprinkled, so I mean they've got sprinkler systems that's set up to go in there. Sure. The opening that's shown up on the right, that doesn't go directly into an apartment. Well, that one does right now, and then uh we're going we're leaving that up to the architects, you know, to tell us if that has to be there or not. Okay. We do have one going out to the north end of the building, which the door is already there, and then there's one going out to the west side. Any further questions? Colin, do you have any comments? Yeah, so let's just go through this um slowly. So there was a PD put on this property earlier when they asked for an addition, which was going to bring the total building over 10,000 square foot, which is the max for a C1 district, and that was granted. These guys are not going outside their building footprint whatsoever, so they remain within their PD. Um, when we look at the um when we look at the C One zoning, it does allow for multi-family. There's multi-family to the east of this property, there's duplexes to the north. We also have um commercial and a um shelter to that to the west. Um we're moving from there. Um, the other thing that we needed to look at was the parking and how that would change because there's a shared parking agreement with crossroads and this property and crossroads that is directly to the west requires 15 of these parking spaces. Um there are 51 parking spaces required by the now they just for ladies with this the um efficiency apartments there. So we have a total of 66 required parking spaces, and there are 88 parking spaces on site. Um when we look at the comprehensive related reference, ensure all residents have access to a variety of safe, decent sanitary housing types, and then also promote the development of residential options for residents at all income levels. Um city staff's finding a facts for the support of this project are the multifamily residential use is permitted in C One. The development land use is consistent with the future land use map, the existing buildings area is consistent with the building to the west and smaller than the multifamily buildings to the east. The development is consistent with the 2016 plan policies just stated. The proposed residential use is compatible with adjacent residential uses, C One zoning district is compatible with low density residential and circulation allows for emergency vehicles accessibility to the structure. Um staff recommends approval of the revised plan development plan as presented here today. Uh this is a hearing. Is there anyone who wishes to be heard on this item? Uh if not, I'm gonna close the hearing and ask for a motion in regards to item number four on the agenda. I'm gonna close the hearing and ask for a motion regarding item number four on the end. Chairman, I'll make a motion to approve the uh agenda item number four, revised plan district development play in number two thousand six-06-just for ladies based upon the city's findings of the facts of the multifamily residential use type is permitted by right and sea wind zoning districts. The multifamily residential use type is permitted by right and sea wind zoning districts. The developments land use is consistent with the future land lose designation purpose. The existing buildings area is consistent with the building to the west and smaller than the multifamily buildings to the east. The development is consistent with the 2016 comprehensive plans policies. The proposed residential use is compatible with adjacent residential land uses. The C1 zoning district is compatible with the low density residential flu designation.
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