Kearney Planning Commission Meeting - June 21, 2019

The Kearney Planning Commission met on June 21, 2019 at 9:00 a.m. in City Council Chambers to consider several rezoning, plat, vacation, and land use map amendment applications, as well as approval of revised bylaws and an annual report. All items were approved unanimously with minor conditions.

Consent Calendar

• The commission approved the minutes of the May 17, 2019 meeting by unanimous voice vote.

Discussion Items

• K and S Subdivision (Items 4-6): Mitch Humphrey (Buffalo Surveying Corp.) presented a request to rezone a 4.07-acre tract from AG (Agricultural) to RR-1 (Rural Residential) to allow the Kottmeyer family to split off a lot for their daughter and son-in-law to build a home. The lot would be served by individual well and septic, with access via a 40-foot-wide ingress-egress easement. Staff noted compliance with RR-1 standards and the 2016 Comprehensive Plan. The county planning commission had no objections. The rezoning, preliminary plat, and final plat were each approved unanimously.
• Trampe Estates (Items 7-9): Mitch Humphrey presented a similar request to rezone two lots (totaling 5.2 acres) from AG to RR-2 (Rural Residential, Intermediate Standards) for the Trampe family to convey a lot to their son and daughter-in-law. The property is partially within the city's extraterritorial jurisdiction. Staff recommended approval subject to a certificate of approval from the Nebraska Department of Environmental Quality (NDEQ) prior to city council action. The rezoning, preliminary plat, and final plat were each approved unanimously with that condition.
• Central Avenue Street Vacation (Item 10): Doug Stevenson (Olsson) requested vacation of 17 feet of right-of-way along the west side of Central Avenue (between 1st Street and the canal). Research indicated that a prior vacation had been recorded but never documented, and the street has been accepted at 66 feet. The city requested a utility easement over the vacated 17 feet. The commission approved the street vacation unanimously.
• Fuller and Daley Third Addition (Items 11-17): Paul Brungardt (Brungardt Engineering) and Trent Snow (surveyor) presented a complex series of actions to consolidate two existing lots (Lot 3 of First Addition and Lot 9 of Second Addition) into a new three-lot subdivision for Willis Storage, LLC. The plan included:
  • A land use map amendment from Office/Commercial and Commercial Mixed Use to Light Industrial for Lot 3.
  • Rezoning of Lot 3 from M-1 (Limited Industrial) to M-1/PD (Planned Development Overlay).
  • Vacation of an existing 40-foot access easement on the east side of Lot 1 and creation of a new 40-foot paved ingress-egress easement on the west side.
  • Partial vacation of Lot 3 and Lot 9 to allow replatting.
  • Approval of preliminary and final plats for the new Fuller and Daley Third Addition.
  • Approval of a planned district development plan for a commercial storage facility, with a deviation to permit the 40-foot easement (since city code for M-1 districts does not normally allow access via easement; staff noted the same deviation was previously approved). Staff also suggested a future land use map amendment for the adjacent Lot 9 from General Industrial (GI) to Light Industrial, but this was deferred to a later meeting. All motions passed unanimously.
• Approval of Revised Bylaws (Item 18): The commission adopted revised bylaws with a minor wording change: in Section 9, “a motion may be made to approve or deny said motion or to continue the matter” was revised to “a motion may be made to approve, deny, or continue the matter” by removing “said motion.” Motion passed unanimously.

Public Comments & Testimony

• No public comments were offered on any agenda item.

Key Outcomes

• All six major items (K & S Subdivision, Trampe Estates, Central Avenue vacation, Fuller and Daley Third Addition land use amendment, rezoning, vacations, plats, and development plan) were approved unanimously. The Trampe Estates approval included a condition requiring NDEQ certificate approval before city council action. The Fuller and Daley development plan included a deviation for a 40-foot access easement.
• The commission approved revised bylaws with a textual correction.
• Staff presented a planning commission annual report noting a decrease in overall agenda items but an increase in commercial and industrial development, and highlighted upcoming sign code amendments. The commission discussed its collaborative process and the value of the Development Review Team (DRT) in preparing polished applications.