Planning Commission Meeting Summary – May 21, 2021

The Kearney Planning Commission met on May 21, 2021, at 9:00 a.m. in City Council Chambers. The commission considered several rezoning requests, plats, a future land use amendment, and planned development plans, including two major development proposals. All items were approved, with one planned development plan approved subject to modified deviations.

Consent Calendar

• Minutes of April 16, 2021: Approved unanimously.

Discussion Items

Item 4 – Rezoning 2021-08 (Miller / Table Acres Properties)

• Applicant: Joshua and Lisa Miller (Table Acres Properties LLC) seek to rezone 515 East 56th Street (Lot 28, Block 7, Countryside Estates) from R-1 (Low-Density Residential) to C-O (Office District).
• Purpose: Expand existing daycare center onto adjacent property, adding a gym and classrooms. The gym would be used for nonprofit organizations and community rentals during non-daycare hours.
• Staff Position: Staff recommended approval, noting the rezoning is compatible with the civic future land use designation and no complaints have been received since the daycare opened in 2018.
• Commission Questions: Lisa Miller stated the current parking lot has 41 stalls; the daycare is licensed for 85 children but currently cares for 62. Expansion would not necessarily increase capacity, but a second building would receive a separate state license. Additional staff would be hired if capacity increases.
• Outcome: Unanimously approved.

Item 5 – Rezoning 2021-09 (Premier Merchants Group / Kurt Karjalainen)

• Applicant: Kurt Karjalainen for Premier Merchants Group LLC seeks to rezone 3995 Coal Chute Road from C-3 (General Commercial) to BP/PD (Business Park/Planned Development Overlay).
• Purpose: Allow a service business (customer service for convenience stores) with flexibility to phase pavement and utilities. The property has no city sewer/water; developer will install well and septic initially, with future hookup when utilities become available.
• Staff Position: Recommended approval; the rezoning is consistent with the comprehensive plan and adjacent land uses.
• Outcome: Unanimously approved.

Items 6-10 – Millennial Estates Fifth Addition (Starostka Group Unlimited)

• Applicant: Jacob Ryder (Olson Engineers) for Danny Starostka presented a unified development for 11 lots (seven single-family, one duplex, three single-family on Block 2) south of 39th Street, east of Avenue W, north of Grand Avenue.
• Key Details:
  • Rezoning from AG and R-1 to R-2/PD.
  • Preliminary/Final Plat for 11 lots and a 2.77-acre park dedicated to the city.
  • Annexation of the 11.8+ acre tract.
  • Planned Development Plan with deviations (fire hydrant locations, driveway spacing, etc.) as outlined in staff memo.
• Infrastructure: 36-foot wide Avenue X, 32-foot 35th Street Drive; water, sewer, and storm drainage extended. Existing drainage storage previously addressed.
• Staff Position: Recommended approval with developer-requested deviations.
• Commission Questions: Commissioner McGuinness inquired about the dedication of the park; confirmed dedication will occur this year.
• Outcome: Each of the five actions (rezoning, preliminary plat, final plat, annexation, PD plan) was approved unanimously. The final plat and PD plan motions included the referenced deviations.

Items 11-15 – 4 Suns Subdivision (Two Sisters’ Farm, Inc. / Steven Mercer Trust)

• Applicant: Craig Bennett (Miller & Associates) for Levi Arneson and the trust, proposing a 350,000-square-foot commercial warehouse on 26.17 acres at the southwest corner of 11th Street and Antelope Avenue.
• Proposed Actions: Future Land Use Amendment (from Neighborhood Mixed Use and Office/Commercial Retail Mixed to Office/Commercial Retail Mixed), Rezoning from AG to BP/PD, Preliminary/Final Plat (22.2 acres after dedications), and Planned Development Plan.
• Warehouse Details: A 1,000-foot by 350-foot building with loading docks, office area, and fire lane. Occupied by XPO Logistics. Building height 38 feet 9.5 inches. Setback >270 feet from property line. Landscaping includes coniferous trees, a solid fence (6–8 ft) for screening, and additional green space.
• Deviations Requested: 1A: Substitute masonry requirement on 11th Street facing facade (30% masonry instead of 35% required). 1B: 100% reduction on Antelope Avenue facade (0% masonry). 2: Substitution for building offset every 100 feet (awnings and color gradients in lieu of physical jogs). 3: Delay in required off-street parking (phase with future expansion). 4: Delay in constructing Antelope Avenue (pavement, storm, sewer). 5: Delay in Avenue X paving/storm/sanitary (west half not yet dedicated). 6: Delay in sidewalk installation until city deems necessary.
• Staff Position: Recommended approval with all listed deviations.
• Commission Discussion: Several commissioners expressed concerns:
  • Commissioner McGuinness opposed deviations 1A and 1B, citing lack of visual diversity and the precedent of waiving masonry requirements. Called for more creativity in design.
  • Commissioner Yaw raised traffic safety concerns, particularly left-turn lanes on 11th Street. Staff indicated that a turning lane would likely be required before occupancy, based on traffic counts. Applicant noted they are working with public works on acceleration/deceleration lanes and future widening.
  • Commissioner Scott-Pandorf supported deviations 2–6 but was unconvinced about 1B.
  • Commissioner Baker noted the substantial setback (270 ft) and landscaping mitigate visual impact.
• Motions:
  • Future Land Use Amendment: Approved unanimously.
  • Rezoning: Approved unanimously.
  • Preliminary/Final Plat: Approved unanimously.
  • Planned Development Plan: Initial motion to approve as submitted failed (no second). A subsequent motion to approve with deviations 2 through 6 only (excluding 1A and 1B) was made and seconded. That motion passed by roll call: Commissioner Yaw voted nay; all others aye. (Deviations 1A/1B were effectively denied.)

Public Comments & Testimony

• No public comments were received from non-applicants during the hearings. However, Danny Starostka (different project) spoke during the 4 Suns hearing, urging the commission to require turn lanes and apply consistent rules.

Key Outcomes

• Approved Unanimously:
  • Minutes of April 16, 2021.
  • Rezoning 2021-08 (Miller/Table Acres) to C-O.
  • Rezoning 2021-09 (Premier Merchants) to BP/PD.
  • Rezoning, Preliminary Plat, Final Plat, Annexation, and Planned Development Plan for Millennial Estates Fifth Addition (with deviations as in staff memo).
  • Future Land Use Amendment, Rezoning, Preliminary and Final Plat for 4 Suns Subdivision.
• Approved with Modified Deviations:
  • Planned Development Plan for 4 Suns Subdivision, approved with deviations 2–6 only (excluding deviation 1A and 1B regarding masonry).
• Staff Note: Colette Gruber, City Planner, was recognized for her six years of service; her last day was May 21. She will transition to a horticulturist role with Parks and Recreation.
• Council Next Step: All commission recommendations will be forwarded to the Kearney City Council for final action.