Kearney Planning Commission Meeting - October 16, 2020

The Kearney Planning Commission met on Friday, October 16, 2020 at 9:00 a.m. in the City Council Chambers to consider an alley vacation, a street vacation, two rezonings with planned development approvals, a final plat, and two annexations. All items received staff recommendations for approval and were ultimately approved by the commission. One public comment raised drainage concerns.

Consent Calendar

• Approval of Minutes (September 18, 2020): Approved 8-0-1 (Commissioner Dakin abstained).

Public Comments & Testimony

• Kip Ingram (2826 East 39th Street): During the discussion of Items 5–7 (TBK Transmissions), Mr. Ingram expressed concern that the proposed development would trap stormwater on his property, as past grading by a neighbor had already altered natural drainage. He requested a better water management plan and sought assurance that his drainage would not be further impaired. The applicant (Craig Bennett) responded that the site plan includes impervious surfaces that would convey water westward to the existing ditch, and that they would not worsen the situation. Commission members noted the flat topography and limited options for deeper ditches.

Discussion Items

• Item 4 – Alley Vacation No. 2020-02 (RYGA, LLC): Applicant Trenton Snow requested vacation of a 14-foot wide north-south alley between Avenue N and Avenue O from 20th Street to 21st Street. Utilities were located; no gas lines in the alley. Two consent forms returned with no objection. Staff recommended approval of the alley vacation as compliant with city codes and the 2016 comprehensive plan. The commission voted unanimously to recommend approval to the City Council.
• Items 5, 6, 7 – Street Vacation No. 2020-03, Rezoning No. 2020-10 (C3 to C3/PD), and Planned District Development Plan No. 2020-10 (TBK Transmissions, LLC): Applicant Craig Bennett (Miller & Associates) presented a proposal for a commercial transmission/auto repair building on a flag lot at the northeast corner of 39th Street and Antelope Avenue. The project required vacation of Banner Avenue (including its cul-de-sac), rezoning the underlying C3 parcel to C3/PD to allow deviations, and approval of a development plan. Three deviations were requested: (1) use of gravel outside the 39th Street street yard, (2) use of a private street/ingress-egress easement, and (3) delay of sidewalk construction until future street improvements. The site includes a 10,000+ sq. ft. building, parking, a fenced vehicle storage area, and a future 40×40 building. Staff supported the plan, noting it maintains C3 zoning at an arterial intersection while allowing compatibility with adjacent M1 districts. Despite Mr. Ingram’s drainage concerns, the commission approved all three items unanimously.
• Items 8, 9, 10 – Rezoning No. 2020-11 (AG to C2), Final Plat No. 2020-09, and Annexation No. 2020-09 (Oak Park Center Second, Sorensen Acres, LLC): Craig Bennett also presented a one-lot subdivision at the northwest corner of 54th Street and 2nd Avenue. The 50-foot setback along the east side (for intersection visibility) and a 30-foot south setback were noted. Infrastructure (water, sewer, stormwater) already serves the area via previous preliminary platting. A separate 20-foot easement will be recorded to complete the 40-foot road/utility right-of-way. Staff recommended approval as compliant with C2 regulations and comprehensive plan. The commission approved all three items unanimously.
• Item 11 – Annexation No. 2020-01 (Patriot Park area): Lauren Brandt, City Clerk, presented the proposed annexation of approximately 136.97 acres east of the Kearney East Expressway, west of Airport Road, south of 56th Street. The area includes Patriot Park (city-owned) and Midwest Partitions property (with a previous annexation agreement). The land is already served by city sewer and water; snow removal on 56th and Airport Road is shared with the county. The annexation will extend the 2-mile extraterritorial jurisdiction. Staff recommended approval as compliant with annexation policy. The commission voted unanimously to recommend approval. The first reading of the annexation ordinance is set for October 27 with final reading on November 24.

Key Outcomes

• All agenda items were approved unanimously, with the exception of the minutes (one abstention). Specific votes: Alley Vacation (unanimous), Street Vacation (unanimous), Rezoning to C3/PD (unanimous), Planned Development Plan with deviations (unanimous), Rezoning to C2 (unanimous), Final Plat (unanimous), Annexation Oak Park Center Second (unanimous), Annexation Patriot Park (unanimous).
• No referrals or directives were issued; all decisions are recommendations to the City Council, except the annexations which will proceed to readings.
• Reports: Commissioners discussed attending the NPZA virtual conference, noting technical issues but valuable sessions on planning commission duties and solar energy field case studies. Commissioner Yaw reported attending other states’ virtual meetings. Staff mentioned that the city manager requested the governor to allow continuation of virtual meetings. The commission expressed interest in future educational sessions on topics such as water retention enforcement and urban chickens/goats.