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Record of Proceedings

Kearney Planning Commission Meeting, March 19, 2021

Planning Commission — Friday, March 19, 2021
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, March 19, 2021
StatusFILED
Video Record
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Transcript — Verbatim
0:00

That is available for review and is posted on the wall of the council chambers over there.

0:06

Roll call, please.

0:08

Dart.

0:09

Uh here.

0:10

Day King.

0:11

Here.

0:12

Fusner.

0:12

Here.

0:13

Malone.

0:13

Here.

0:14

McGuinness.

0:15

Here.

0:15

Richard.

0:17

Here.

0:18

A record record.

0:19

I'm sorry.

0:19

And here.

0:22

We have a quorum.

0:25

Before we start this morning, I'd like to remind folks that as your item comes before us, please step to the center podium and give us your name and address and tell us why you're here and what you want to do.

0:39

I think that's all the announcement we need for the most part.

0:43

So we're going to move right on to item number four on our excuse me.

0:54

Mr.

0:54

Chairman, I would make a motion to approve the minutes of the February 19th, 2021 meeting as so written.

1:01

I'll second.

1:02

It's been moved and seconded our Mr.

1:04

Chairman.

1:06

I'd like to note that it the first paragraph on page two.

1:11

It states this property located east of 11th Avenue, East is capitalized, and I think that should be a small small E rather than a large E, and further south it says south of a Sterling apartments.

1:32

Noted.

1:35

Anything additional.

1:38

I'll amend my motion to reflect that change.

1:42

Very good.

1:47

Yes, uh roll call, please.

1:50

Dakin Houstoner.

1:53

Malone.

1:54

McGinnis.

1:55

Hi.

1:56

Rickard.

1:56

I.

1:57

Yeah.

1:58

Dart.

1:59

Hi.

2:01

Item number four on the agenda is uh rezoning, and it also includes items number five and six, which are preliminary and final plots for the same parcel of property, which is described as a tract of land being the southeast quarter of the northwest quarter of section eight township nine north range 15 west of the sixth principal meridian, Buffalo County, Nebraska.

2:23

Properties located east of Antelope Avenue and on north of uh 92nd Street.

2:29

We can treat the rezoning as one item and the preliminary and final plat together.

2:34

Good morning.

2:35

Good morning.

2:36

Alright, take this off.

2:37

Fogs up my glasses, I can't see.

2:39

Yeah.

2:40

For the record, my name is Mitch Humphrey with Buffalo Surveying Corporation located here in Kearney at 5308 Parkland Drive.

2:47

And I'm here to represent a project for uh Brent and Carolyn Hoffer and uh Craig and Kimberly Capellen.

2:57

Let's see, what am I doing wrong here?

3:01

That's not wanting to advance.

3:03

It's not wanting to advance.

3:06

Is it on?

3:07

I don't know.

3:09

Show me what the on that is well.

3:16

Ah, look on the wrong side.

3:20

That works anyway.

Discussion Breakdown — Share of Meeting
Zoning and Land Use███████████████████████████████████35%
Procedural█████████████████17%
Public Works████████████████16%
Engineering And Infrastructure███████████████15%
Water And Wastewater Management██████6%
Community Engagement█████5%
Environmental Protection██2%
Legal Advice██2%
Public Engagement█1%
Summary of Proceedings

Kearney Planning Commission Meeting - March 19, 2021

The Kearney Planning Commission met on March 19, 2021, at 9:00 a.m. in City Council Chambers. The commission considered several rezoning, platting, subdivision vacation, annexation, and code amendment requests. All items except the code amendment were approved unanimously; the code amendment passed 7-1.

Consent Calendar

  • Minutes Approval: The minutes of the February 19, 2021 meeting were approved as amended to correct a capitalization error (changing "East" to "east" in a property description).

Public Comments & Testimony

  • Development Services Director Collette reported that neighbors called after noticing the public hearing posting for the Hofferber-Capellen rezoning (Item 4–6), but after receiving an explanation that only two rural residential lots were proposed, they had no further concerns.
  • No other members of the public testified during any of the hearings.

Discussion Items

Hofferber-Capellen Subdivision (Items 4–6)

  • Applicant Mitch Humphrey of Buffalo Surveying Corp. presented a request to rezone approximately 9.6 acres (part of the SE¼ of the NW¼ of Section 8, T9N, R15W) from AG (Agricultural) to RR-1 (Rural Residential, Rural Standards) and to approve a preliminary and final plat creating two lots (Lot 1: ~6.5 acres, Lot 2: ~3 acres). The property is east of Antelope Avenue and north of 92nd Street, within the city’s two-mile extraterritorial jurisdiction.
  • The rezoning aligns with the county’s AGR (Ag-Residential) zoning and is intended to bring the property into compliance as the city grows. Lots will be served by individual wells and septic; no city utilities are planned. A 50-foot right-of-way dedication along 92nd Street was provided (vs. the county’s 40-foot requirement). The property contains a floodplain area and a transmission line but no developable concerns.
  • Staff recommended approval based on consistency with the Comprehensive Plan and site development regulations.

Stoneridge Tenth Addition (Items 7–11)

  • Mitch Humphrey presented a multi-step request: (1) vacate Lot 1, Block 1 of Stoneridge Eighth Addition (the Norwood homesite), (2) rezone 8.77 acres from AG to R-1 (Urban Residential Single-Family Low Density), (3) approve a preliminary and final plat for 14 single-family lots, and (4) annex the property. The site is north of Eastbrooke Drive and Avenue K, east of Stoneridge Lake.
  • The vacation allows the Norwood lot to be enlarged by ~21.5 feet to match adjacent lot widths. The subdivision extends Avenue K northward to terminate in a cul-de-sac and connects with 63rd Street. Sanitary sewer and water will be extended; stormwater will drain via an 18-inch pipe to Stoneridge Lake, which has an automated irrigation well to maintain water level.
  • Commissioner Fusner raised concerns about the city’s liability for the stormwater pipe discharging into the lake, particularly regarding long-term maintenance of riprap beyond the city’s easement. Staff agreed to review the subdivision agreement to address this issue between the Planning Commission and City Council meetings. The motion was amended to include a recommendation that city staff investigate the need for an easement or maintenance provisions for the stormwater drainage outfall.
  • Staff recommended approval of all items based on consistency with the Comprehensive Plan and development regulations.

Tech One Third Subdivision (Items 12–16)

  • Applicant Brad Bennett of Miller & Associates presented requests for Compute North NE05, LLC: (1) vacate Lot 2 of Tech One Second Subdivision (a 5-acre lot at 3215 Global Drive Place), (2) amend the Future Land Use Map from a mix of Business Park and Light Industrial to Business Park, (3) rezone from M-1 (Limited Industrial) and BP/PD (Business Park/Planned Development Overlay) to BP (Business Park), and (4) approve a preliminary and final plat for a single 11-acre lot (Tech One Third Subdivision) combining the vacated lot with an adjacent 6-acre parcel.
  • The site is part of the Tech One data center park. No new utilities are needed; water is already extended, and sanitary will be served by septic. Stormwater drains via an existing outfall ditch to the NRD channel. The rezoning removes the Planned Development overlay to provide more flexible uses, consistent with the recent update to the BP district.
  • Staff recommended approval.

Code Amendments No. 2021-01 (Item 17)

  • City Clerk Lauren Brant presented proposed clean-up amendments to Chapter 56 of the City Code (Public Improvements and Infrastructure) to: (a) replace references to “City Engineer” with “Director of Public Works or his/her duly appointed representative” (the city no longer has a City Engineer position), (b) change “storm water” to “stormwater” in multiple sections, and (c) reduce the notice period for required stormwater facility maintenance from 30 days to 5 days, consistent with the nuisance abatement notice timeline.
  • Discussion centered on the five-day notice period. Commissioners questioned whether five days was sufficient for property owners to respond, especially with mail delays. Staff explained that the notice is not a demand for completion within five days but a prompt to begin the process or contact public works; this mirrors other city codes. Several commissioners expressed concern about the removal of the “City Engineer” designation, noting that state statute may require engineering decisions to be made by a licensed professional engineer. Staff clarified that regardless of title, all engineering plans are still required to bear a professional engineer’s stamp, and the change only aligns the code with current staffing. The motion passed with one dissenting vote (Commissioner Rickard).

Key Outcomes

  • Hofferber-Capellen Subdivision: Approved unanimously.
    • Rezoning 2021-02: Approved (motion passed).
    • Preliminary Plat 2021-02: Approved.
    • Final Plat 2021-02: Approved.
  • Stoneridge Tenth Addition: Approved with a recommendation for further investigation.
    • Subdivision Vacation 2007-18: Approved.
    • Rezoning 2021-03: Approved.
    • Preliminary Plat 2021-03 and Final Plat 2021-03: Approved (motion included a recommendation that city staff investigate extension of the easement on the surface/stormwater drainage to address long-term maintenance).
    • Annexation 2021-03: Approved.
  • Tech One Third Subdivision: Approved unanimously.
    • Subdivision Vacation 2019-09: Approved.
    • Future Land Use Map Amendment 2021-04: Approved.
    • Rezoning 2021-04: Approved.
    • Preliminary Plat 2021-04 and Final Plat 2021-04: Approved.
  • Code Amendments 2021-01: Approved 7-1 (Commissioner Rickard opposed). The amendments will go to City Council on March 23, 2021.
  • Meeting adjourned after reports (commissioners attended an NPZA conference and discussed virtual engagement tools).

Meeting Transcript

That is available for review and is posted on the wall of the council chambers over there. Roll call, please. Dart. Uh here. Day King. Here. Fusner. Here. Malone. Here. McGuinness. Here. Richard. Here. A record record. I'm sorry. And here. We have a quorum. Before we start this morning, I'd like to remind folks that as your item comes before us, please step to the center podium and give us your name and address and tell us why you're here and what you want to do. I think that's all the announcement we need for the most part. So we're going to move right on to item number four on our excuse me. Mr. Chairman, I would make a motion to approve the minutes of the February 19th, 2021 meeting as so written. I'll second. It's been moved and seconded our Mr. Chairman. I'd like to note that it the first paragraph on page two. It states this property located east of 11th Avenue, East is capitalized, and I think that should be a small small E rather than a large E, and further south it says south of a Sterling apartments. Noted. Anything additional. I'll amend my motion to reflect that change. Very good. Yes, uh roll call, please. Dakin Houstoner. Malone. McGinnis. Hi. Rickard. I. Yeah. Dart. Hi. Item number four on the agenda is uh rezoning, and it also includes items number five and six, which are preliminary and final plots for the same parcel of property, which is described as a tract of land being the southeast quarter of the northwest quarter of section eight township nine north range 15 west of the sixth principal meridian, Buffalo County, Nebraska. Properties located east of Antelope Avenue and on north of uh 92nd Street. We can treat the rezoning as one item and the preliminary and final plat together. Good morning. Good morning. Alright, take this off. Fogs up my glasses, I can't see. Yeah.

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