The Kearney Planning Commission convened on January 17, 2020, at 9:00 a.m. in City Council Chambers. The commission considered several land use applications, including rezoning, plat approvals, and conditional use permits for properties within the city and its extraterritorial jurisdiction. All items were approved unanimously with conditions as recommended by staff.
That is zoned RR2 in the area. The piece that we're talking about we're requesting to zone to RR2 there. As you know, the lots that are developed that are in the city's jurisdiction for that matter, pretty much across the state. Uh, if they're going to have well and septic and they're less than three acres, they have to have the Department of Environment and Energy's approval to satisfy the Title 124 requirements for the separation of the well and septics and those sorts of things. You do have a letter, or at least I presented a letter to the planet or the planning staff from the individuals with the state of Nebraska indicating that their reviews not needed due to the age of the structures. They included the original Kamar house and their review to ensure the they'd cover their bases. It is interesting that any project that is situated where the home or the structure is older than the adoption of their regulations, they don't they they don't take governance over that from the subdivision aspect. So if what I'm saying is that really we didn't have to go through a process where we do percolation tests and the soils tests and those sorts of things. What they will do is, for example, in this situation, should a new buyer come in and decide to put in a new well or rebuild the septic system, then the well or septic installers responsible for addressing that situation. So it's been my recommendation to the staff and and even this commission that maybe we look at the codes and and address that that element such that the state doesn't have to write a letter for every one of these to the city when these small parcels come up that they have no interest in taking care of. But that's kind of a side note. Um the area to be zoned consists of two point three four acres with the resulting lot to the I'm gonna look to the preliminary plat the resulting lot 1.1 acres with a 50 foot of right-of-way dedicated for public road. On this screen, the uh area outlined in red here is about where the house is. There's some other small outbuildings that some of them are fairly portable, I think, uh from the standpoint they've been there a long time, but but uh they're not they're not uh situated such that a like a house with a great foundation and so forth or a basement. I would assume that that someday uh if if there'd be any reconstruction or something or another along there that any building would have to be pushed back behind the setback line as required by your code, but right now it's kind of a legal non-conforming use or something like that. I'm not sure of the exact terminal terminology. Legal non-conforming structure. That's the structure. There you go. So really uh I do have a designation of the flood zone A on the map, but the shading didn't really show up very well on this aerial photo image, but basically all this north area for the most part is in zone A. There's a fenced-in area around the existing house site that sits up on top there of the property, it's on a hill that that's not in zone A. So there's plenty of room should they have to put in a new septic or well or add on to the house or whatever have you to satisfy the front, rear and side yard setbacks in the future. The uh final plat, I guess, would look like that with the resulting lot, the road right-of-way dedication. And essentially, that's my presentation. There isn't really a whole lot to this project. Um it got a little complicated when we had to address some of the state issues or the DEQ issues, but uh that wasn't so bad overall. So, with that said, if you have any questions, I can I can answer them or defer to Colette. Commissioners have any questions for Mr. Humphrey. Um staff, do you have any uh comments? Yep. Um the reason we're here is because this isn't our jurisdiction, it's outside the corporate limits and inside the extraterrestrial or the ETJ. Um they're rezoning the 2.3 acres from AG to R R2. The remaining portion, like Mitch said, will just remain zoned AG and just be put on the farmstead portion, so that's how that kind of stays. When we're looking at it from the staff's finding of facts for support, R R2 zoning is compatible with the future land use NAP designation of RE. The development is consistent with Chapter 18 district R2's zoning purpose. This is exactly what that zoning was made for. The lot is compliant with R R2 zoning district site development regulations in the area in in lot area, lot width, rear yard setback, height, building coverage, and impervious coverage. The development is consistent with uh 2016 comprehensive plan policy that was stated in the memo. Um this subdivision layout is compatible and complements the surrounding rural estates, it's in the same line as them. Um we also will not have a subdivision agreement for this subdivision because it's an already existing one, and um Mitch is right, staff accepts the letter that came from the NDEQ. There's they have no issue with the existing, if they don't have an issue, we don't have an issue. Um so in the end, staff recommends approval for rezoning preliminary plot and final plot as shown in the application and presented today. Thank you. Do any of the commissioners have any questions for staff? Uh this is a hearing. Is there anyone also present who wishes to be heard on these matters? If so, please state your name and address. I don't see any. No.