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Record of Proceedings

Kearney Planning Commission Meeting - January 15, 2021

Planning Commission — Friday, January 15, 2021
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, January 15, 2021
StatusFILED
Video Record
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0:01

Yes, morning.

0:03

I'm going to call this meeting of the planning commission to order.

0:06

In accordance with section 84 1412 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 chambers.

0:17

Roll call, please.

0:19

Hello.

0:20

Here.

0:22

Here.

0:23

Dart.

0:23

Here.

0:24

Pandor.

0:25

Here.

0:25

Deacon?

0:26

Here.

0:27

Yeah.

0:27

Here.

0:29

Here.

0:30

We have a quorum.

0:31

Before we start the meeting this morning, uh, for those of you that are here, when and if you wish to speak to the commission and present, we'd appreciate it.

0:41

You come to the center podium.

0:43

Uh please give us your name and your address and then tell us uh the purpose of your presence here so we can work through anything that comes up, we hope.

0:54

Um we all have uh we have uh minutes of the meeting of December 18th.

1:01

A motion in regards to those minutes would be in order.

1:03

Mr.

1:04

Chairman, I move that we approve the minutes of December 18th, 2020 as provided.

1:10

Second, and moved and seconded.

1:12

Is there any discussion on those roll call Nancy?

1:17

Yeah.

1:18

Hi.

1:18

Pan Norf.

1:19

Aye, McGinnis.

1:20

Aye, Malone.

1:22

Fusner, Dart.

1:23

Aye.

1:24

Deacon.

1:25

I that motion carries.

1:29

Uh the first item on our agenda is a hearing.

1:32

It's a conditional use permit uh number 2020 to 02 for a daycare.

1:37

The application submitted by uh submitted by Amy Venton for BNG investments uh for a conditional use permit to operate a daycare on property zoned district R3, urban residential multifamily district medium density, and described as the south 35 feet of the of lot three of the north 7.5 feet of lot four block 10 carney land and investment companies first edition properties located at 1718 Third Avenue.

2:04

Is there anyone here to speak to this?

2:11

Good morning.

2:12

Um can you hear me all right?

2:14

Okay, I'm Amy Vinton, and my uh address is 10 Camel Lotway here in Kearney.

2:19

Um and uh forgive me, I'm a little nervous, but just take your time.

2:25

Thank you.

2:25

So I am seeking out a conditional use permit for a daycare home general use for up to 12 children at the 1718 Third Avenue address.

2:37

Okay.

2:39

Um you're in receipt, I'm sure, of the information from the city regarding the conditions of that daycare.

2:47

Um, I'm sorry, can you uh could you say that again?

2:53

I promise not to speak really hard.

2:55

No, you are you familiar with the uh conditions that the city has recommended for um applying?

3:01

Yes, I have, yes.

3:03

Um that is you need to have a uh license from the State Department of Health and Human Services, um not more than 12 uh people operation hours 6 o'clock to a.m, 6 p.m.

3:17

Umstreet parking stalls.

3:20

You have three or will have three available.

3:23

Uh and um that the cup would be re renewed in five years as long as there are no legitimate uh complaints against it.

3:32

Yes, and um I actually brought a copy.

3:34

I've been a licensed child care provider um with the state of Nebraska for 11 years, um, and I actually have brought a copy of my current uh license for that family child care home to uh and that carries on to this uh item okay.

3:54

You're gonna be doing quite a bit of remodeling on the uh facility as well, right?

3:59

Yes, we uh we brought a contractor in and we actually also brought um uh sorry I'm going blank at this moment a structural engineer in to just ensure that the property itself, since it um was built, I believe 1925, uh, just to ensure that the property itself structurally was sound.

4:18

Um, and we got the thumbs up on on all of that, and so yes, we do have a contractor that will begin work immediately.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████59%
Engineering And Infrastructure████████████16%
Procedural██████████13%
Affordable Housing██3%
Water And Wastewater Management██2%
Parks and Recreation██2%
Public Works██2%
Pending Litigation██2%
Off Street Parking█1%
Summary of Proceedings

Kearney Planning Commission Meeting

Date: January 15, 2021 | Time: 9:00 a.m. | Location: City Council Chambers, 18 East 22nd Street

The Planning Commission convened with a quorum present. The commission approved minutes from the December 18, 2020 meeting and then proceeded to hearings and decisions on multiple conditional use permits, zoning changes, plats, vacations, and annexations. The meeting also included a substantial discussion on a supplemental agreement regarding green space for the Millennial Estates Fourth Addition.

Consent Calendar

  • Minutes: Approved the minutes of the December 18, 2020 meeting by unanimous roll-call vote.

Public Comments & Testimony

  • Amy Vinton (applicant for Conditional Use Permit 2020-02): Expressed full support for her daycare proposal at 1718 3rd Avenue. She stated that neighbors were generally pleased the property would be owner-occupied and improved.
  • Brittney Seivert (applicant for Conditional Use Permit 2020-03): Expressed support for her daycare at 1934 5th Avenue. She noted limited neighbor contact but one neighbor with a child who would attend.
  • Dan Lindstrom (attorney for Millennial Estates developer): Expressed the developer's commitment to the supplemental agreement, acknowledging the need for affordable housing and the success of previous Millennial Estates phases.
  • Jacob Ryder (Olsen Engineers): Presented infrastructure plans for Millennial Estates Fourth Addition, including street widths and drainage.

Discussion Items

  • Conditional Use Permits (Items 4 & 5): Two daycare applications were presented. Each applicant described their experience, remodeling plans, and neighbor feedback. Staff recommended approval with standard conditions (state license, 12 children max, 6 a.m.–6 p.m. hours, three off-street parking stalls, 5-year renewal). Both were approved unanimously.
  • Fountain Hills Twelfth Addition (Items 6–10): Craig Bennett (Miller & Associates) presented a 7-lot subdivision (6 residential lots + stormwater detention outlot) on 8.85 acres west of 11th Avenue and north of 52nd Street. The land use map amendment from Neighborhood Mixed Use/Low Density Residential to Medium Density Residential, rezoning from AG to R-2, preliminary/final plats, and annexation were all recommended for approval by staff. The commission approved each item unanimously after brief discussion on street connectivity and detention.
  • Rezoning and Alley Vacation for Museum of Nebraska Art (Items 11–12): Craig Bennett presented a rezoning from C-3 to CBD for the museum property and adjacent city parking lot at 2401 Central Avenue, along with vacation of the alley between them. The alley would retain a utility easement. Staff recommended approval. Concerns were raised about loss of downtown parking and green space requirements, but the commission approved the rezoning (6-1? No vote tally provided but passed) and the alley vacation unanimously.
  • Street Vacation – Avenue F (Item 13): Mitch Humphrey (Buffalo Surveying) requested vacation of 10-foot strips on both sides of Avenue F between 20th and 21st Streets to allow additional development area. Staff recommended approval with retention of a sidewalk easement on the east side. Approved unanimously.
  • Millennial Estates Fourth Addition (Items 14–19): This was a continued item. City Attorney Michael Ty presented a supplemental agreement requiring the developer to plat the 2.74-acre green space parcel in 2021 and construct Avenue X and 35th Street infrastructure by the end of 2023. The city would pay its share of 35th Street infrastructure; the developer would pay all other costs. The green space would be deeded to the city for a future park. Staff recommended approval with seven deviations (smaller lot sizes, narrower streets, reduced setbacks, etc.). After discussion, the commission approved the Planned District Development Plan, vacation of lots in Millennial Estates Third Addition, rezoning, preliminary/final plats, and annexation all unanimously, with the condition that the supplemental subdivision agreement be accepted by the city council.
  • Code Amendment Withdrawal (Item 20): The proposed amendments to Chapter 57 were withdrawn by the applicant and no action was needed.

Key Outcomes

  • Conditional Use Permit 2020-02: Approved unanimously.
  • Conditional Use Permit 2020-03: Approved unanimously.
  • Fountain Hills Twelfth Addition (Items 6–10): Land Use Map Amendment, Rezoning, Preliminary Plat, Final Plat, and Annexation all approved unanimously.
  • Rezoning 2020-14: Approved (vote not explicitly tallied but motion carried).
  • Alley Vacation 2020-05: Approved unanimously.
  • Street Vacation 2020-04: Approved unanimously.
  • Millennial Estates Fourth Addition (Items 14–19): All six items (Planned District Development Plan, Vacation, Rezoning, Preliminary Plat, Final Plat, Annexation) approved unanimously, subject to a supplemental subdivision agreement to be finalized by the city council.

Note: The meeting concluded with a report on a NIFA presentation about missing middle housing; no further actions taken.

Meeting Transcript

Yes, morning. I'm going to call this meeting of the planning commission to order. In accordance with section 84 1412 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 chambers. Roll call, please. Hello. Here. Here. Dart. Here. Pandor. Here. Deacon? Here. Yeah. Here. Here. We have a quorum. Before we start the meeting this morning, uh, for those of you that are here, when and if you wish to speak to the commission and present, we'd appreciate it. You come to the center podium. Uh please give us your name and your address and then tell us uh the purpose of your presence here so we can work through anything that comes up, we hope. Um we all have uh we have uh minutes of the meeting of December 18th. A motion in regards to those minutes would be in order. Mr. Chairman, I move that we approve the minutes of December 18th, 2020 as provided. Second, and moved and seconded. Is there any discussion on those roll call Nancy? Yeah. Hi. Pan Norf. Aye, McGinnis. Aye, Malone. Fusner, Dart. Aye. Deacon. I that motion carries. Uh the first item on our agenda is a hearing. It's a conditional use permit uh number 2020 to 02 for a daycare. The application submitted by uh submitted by Amy Venton for BNG investments uh for a conditional use permit to operate a daycare on property zoned district R3, urban residential multifamily district medium density, and described as the south 35 feet of the of lot three of the north 7.5 feet of lot four block 10 carney land and investment companies first edition properties located at 1718 Third Avenue. Is there anyone here to speak to this? Good morning. Um can you hear me all right? Okay, I'm Amy Vinton, and my uh address is 10 Camel Lotway here in Kearney. Um and uh forgive me, I'm a little nervous, but just take your time. Thank you. So I am seeking out a conditional use permit for a daycare home general use for up to 12 children at the 1718 Third Avenue address. Okay. Um you're in receipt, I'm sure, of the information from the city regarding the conditions of that daycare. Um, I'm sorry, can you uh could you say that again? I promise not to speak really hard. No, you are you familiar with the uh conditions that the city has recommended for um applying?

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