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Record of Proceedings

Kearney Planning Commission Meeting - November 20, 2020: Tabling of Millennial Estates Fourth Addition

Planning Commission — Friday, November 20, 2020
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, November 20, 2020
StatusFILED
Video Record
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Transcript — Verbatim
0:02

All right, I'm ready to go.

0:04

Good morning.

0:05

I'm gonna call this meeting of the Planning Commission to order.

0:08

In accordance with section 841412 of the Nebraska Revised Statutes, current copy of the Open Meeting Act is available for review and is posted on the wall of the council chamber.

0:20

Please Rickard.

0:23

Cochrane said he was gonna be here.

0:30

Malone?

0:30

Here.

0:31

McGuinness.

0:32

Here.

0:34

Pandorf.

0:34

Here.

0:36

Here.

0:36

Fusner.

0:37

Here.

0:38

We have a quorum.

0:42

Before we begin, everybody I think knows the rules, but please, if you're going to comment on anything, please come to the center stage, center podium, and speak into the microphone.

0:52

Please give us your name and your address as we work through.

0:59

And before we begin, please note that fogging my glasses.

1:10

Items four through nine on today's agenda all pertain to the same parcels of land and by the same developer and owner.

1:19

Items four, five, six, seven, and eight are dependent upon the passage.

1:24

Minutes.

1:35

Mr.

1:36

Chairman, I move that we approve the minutes of the October 16th planning commission meeting.

1:41

I'll second them.

1:44

It's been moved and seconded.

1:45

Is there any discussion?

1:49

Okay, Nancy.

1:50

McGuinness.

1:51

Yes.

1:52

Fusner.

1:53

Dart.

1:54

Hi.

1:55

Rickert?

1:56

Pandorf.

1:57

Hi.

1:57

Bacon.

1:59

All right.

2:00

That motion carries.

2:02

And I will then return to what I was talking about before.

2:06

Items number four, five, six, seven, and eight are dependent on the passage of item number nine, which is the plan district development plan approval number 2020-12.

2:15

As chair, I have the option to vary the order of the agenda and the sequence of voting.

2:20

In this case, I am moving item number nine, the hearing on the planned development district approval number 2012, 2020 to item 4 on today's agenda, with the basis of my decision being that the vacation rezoning plating and annexation sought in item number four through eight are dependent on the passage approval of the planned district development plan approval.

2:44

Without that approval, those items would not have would not have any standing or validity.

2:50

So following our action on the planned development item, we can discuss the other items as necessary.

2:59

So is there anyone here to be heard on item number nine?

3:10

Brian Deegan, 2511 Park Drive, Grand Island, Nebraska, 68801.

3:16

And then I was gonna just uh talk to you kind of about the whole the whole development here.

3:21

Um so this is uh millennial states fourth edition.

3:25

Um I think most of you are probably familiar with the Millennial States development.

3:29

Um this is just uh continuation of the development.

3:33

And uh I guess is it okay if I go through the whole thing, or do you want me to just talk about the planning district for now?

3:39

That's let's focus on the plate on the PD.

3:42

The PD.

3:42

Okay.

3:43

Um so I'll skip the zoning.

3:47

Um so here is the uh the exhibit we put together for the the plan district development plan.

3:56

Um I can see the job.

3:59

So the fourth the fourth edition here is gonna be just to the north of the third edition.

4:04

Um it's still in between Avenue V and Avenue X.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████50%
Procedural█████████████████████23%
Parks and Recreation█████████████14%
Transportation Safety████4%
Engineering And Infrastructure███3%
Public Engagement██2%
Public Safety██2%
Legal Advice██2%
Summary of Proceedings

Kearney Planning Commission Meeting - November 20, 2020

The Planning Commission met on November 20, 2020 at 9:00 a.m. in City Council Chambers. The primary focus was on a series of applications (Items 4–9) for the Millennial Estates Fourth Addition, submitted by Danny Starostka/Starostka Group Unlimited. The chair reordered the agenda to hear Item 9 (Planned District Development Plan Approval) first, as approval of that item was necessary for the other applications. Extensive discussion centered on a previously agreed-upon 2.8-acre open space that had not yet been platted or dedicated. The commission voted to table all related items to allow the developer to present a specific plan and timeline for the open space.

Consent Calendar

  • Minutes Approval: The commission unanimously approved the minutes of the October 16, 2020 meeting (motion by Commissioner, seconded, voice vote carried).

Discussion Items

  • Reordering of Agenda: Chairperson Dave Malone moved Item 9 (Planned District Development Plan Approval No. 2020-12) to Item 4 on the agenda because the subsequent applications (vacation, rezoning, preliminary/final plat, annexation) were dependent on its passage.
  • Planned District Development Plan (Item 9): Brian Deegan (2511 Park Drive, Grand Island, representing the developer) presented the plan for Millennial Estates Fourth Addition, a continuation of the existing subdivision between Avenue V and Avenue X, north of 37th Street. The plan included 32-foot roadway sections, smaller lots with two-car garages, and utility extensions. Two larger lots on the northwest and northeast were noted as undevelopable until future PD approval.
  • Open Space Issue: Commissioners repeatedly raised the lack of progress on a 2.8-acre open space promised during Phase One of the development. Chair Dart expressed frustration that the open space had been discussed for three years and said he would not move forward without a specific, time-sensitive plan. Commissioner Yaw emphasized the importance of holding the developer to commitments to set a precedent. Staff noted the open space dedication was included in earlier subdivision agreements but had not been executed. City Attorney Michael Ty explained the legal context: the developer could dedicate the land only after platting and installing adjacent infrastructure (e.g., extending Avenue X to connect to Grand Avenue), and the city council would need to accept the dedication. Commissioners discussed tabling options to allow time for the developer to produce a plan.
  • Fire Access & Traffic: Staff confirmed that the subdivision design maintained an 18-foot clear cartway for fire trucks, and Avenue X connection was tied to the open space dedication.
  • Staff Recommendation: City staff recommended not supporting the proposed project as presented due to the unresolved open space obligation.

Key Outcomes

  • Tabling of All Items (4–9): Commissioner Stan Dart moved to table Vacation No. 2019-04, Rezoning No. 2020-12, Preliminary Plat No. 2020-10, Final Plat No. 2020-10, Annexation No. 2020-10, and Planned District Development Plan Approval No. 2020-12 until the next Planning Commission meeting. The motion was seconded and carried unanimously.
  • Next Steps: The developer was directed to return at the next meeting with a specific plan and timeline for platting, dedicating, and developing the 2.8-acre open space and its adjacent infrastructure. The commission indicated that unless these issues were resolved, they might not act favorably on the proposals.

Meeting Transcript

All right, I'm ready to go. Good morning. I'm gonna call this meeting of the Planning Commission to order. In accordance with section 841412 of the Nebraska Revised Statutes, current copy of the Open Meeting Act is available for review and is posted on the wall of the council chamber. Please Rickard. Cochrane said he was gonna be here. Malone? Here. McGuinness. Here. Pandorf. Here. Here. Fusner. Here. We have a quorum. Before we begin, everybody I think knows the rules, but please, if you're going to comment on anything, please come to the center stage, center podium, and speak into the microphone. Please give us your name and your address as we work through. And before we begin, please note that fogging my glasses. Items four through nine on today's agenda all pertain to the same parcels of land and by the same developer and owner. Items four, five, six, seven, and eight are dependent upon the passage. Minutes. Mr. Chairman, I move that we approve the minutes of the October 16th planning commission meeting. I'll second them. It's been moved and seconded. Is there any discussion? Okay, Nancy. McGuinness. Yes. Fusner. Dart. Hi. Rickert? Pandorf. Hi. Bacon. All right. That motion carries. And I will then return to what I was talking about before. Items number four, five, six, seven, and eight are dependent on the passage of item number nine, which is the plan district development plan approval number 2020-12. As chair, I have the option to vary the order of the agenda and the sequence of voting. In this case, I am moving item number nine, the hearing on the planned development district approval number 2012, 2020 to item 4 on today's agenda, with the basis of my decision being that the vacation rezoning plating and annexation sought in item number four through eight are dependent on the passage approval of the planned district development plan approval. Without that approval, those items would not have would not have any standing or validity. So following our action on the planned development item, we can discuss the other items as necessary. So is there anyone here to be heard on item number nine? Brian Deegan, 2511 Park Drive, Grand Island, Nebraska, 68801. And then I was gonna just uh talk to you kind of about the whole the whole development here. Um so this is uh millennial states fourth edition. Um I think most of you are probably familiar with the Millennial States development.

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