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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Kearney Planning Commission Meeting - December 17, 2021

Planning Commission — Friday, December 17, 2021

BodyKearney, Nebraska

SessionPlanning Commission

DateFriday, December 17, 2021

StatusFILED

Video Record

0:00 / 25:29

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:06

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

0:09

Um 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 that wall of the council chambers.

0:23

We'll call please start here, Malone here, Dakon, here fusner here, Pandor, here Cochrane, here McGuinness.

0:35

Here we have a quorum.

0:37

Uh you all have copies of the minutes of the November 19th meeting.

0:42

Um a motion in regards to those would be in order.

0:45

Mr.

0:45

Chairman, I move that we approve the minutes of the November 19th 2021 minutes as so written.

0:52

Second, been moved and seconded are there any questions, comments, corrections?

0:59

If not, uh call the roll, please.

1:01

Malone.

1:03

Dakin.

1:03

Hi.

1:05

Pandor.

1:06

I Cochran.

1:07

I'll McGuinness.

1:10

I start.

1:11

Hi.

1:13

Um we have several items on the agenda today, and we'd appreciate it as your item, excuse me, as your item comes up before us.

1:24

If you have something to present to us, please step to the center podium and provide us with your um name and address, and we'll uh make everything work from there.

1:35

Um the first items on the agenda are items number four, five, and six, and they are uh regarding a rezoning uh preliminary and final plat on a parcel of property uh that is southeast of 75 Sweetwater Avenue.

1:57

The first item is a rezoning uh number 2021 20 Buffalo Island subdivision, and that rezoning is from District AG through to District RR1 rural residential rural standards, and then from that point we uh deal with the preliminary plat and final plat for Buffalo Island subdivision.

2:21

Is there anyone here to be heard on this matter?

2:24

Please step forward.

2:29

Hi.

2:30

I'm John Croates, and my address is 74 Sweetwater Avenue.

2:36

Can you give us an idea of what you're about?

2:40

Um if just a piece of ground that um it'd be an awesome little piece of ground just to spend some time on.

2:47

Um I know there's uh the well head rules against it or on it.

2:52

Um so at the very worst, we can do a dry cabin or something like that.

2:57

Um I've already talked to Dawson Power about rounding electricity out there, and that's all doable.

3:03

Um the well's easy.

3:05

Um I've talked to them about where to put the well.

3:08

I know I have to be a thousand feet off of the uh well field, which is very doable for where the property is located, and so if I get those two things, even if I can't uh in the future put a drag cabin there or something, we still got a place we can go spend weekends with the camper or something in the summertime.

3:27

So it's just uh if I can have electricity there and stuff, then we can I can talk to wife into taking a camper over there.

3:33

So I think she's gonna have something to say to us here shortly what else I say, yeah.

3:41

So that's pretty much it for now.

3:45

Um I don't know what else you need, so I've never done this.

3:51

We will never do it again.

3:52

You're doing you're doing fine, you're doing fine.

3:55

You're doing fine.

3:56

Um does anybody have any questions for Ms.

3:59

Croates?

4:02

Uh Melissa, do you have any comments in regards to this?

4:06

I do.

4:06

I'll just let the planning commission know that um we are rezoning today from AG to R R1.

4:11

Um that is because he'd like to divide four-acre parcel of land from a larger parcel.

4:18

Um, there will be a easement from Sweetwater Avenue to the property, which we allow under code.

4:24

Um, and that uh the proposed zoning is compatible with the blue designation and purpose.

4:30

The law is complaining with the zoning district site development regulations and the subdivision layout is compatible with surrounding land uses.

4:38

The development is consistent with the 2000 2016 comprehensive plan and policy policy and action strategies above, and the staff recommends approval of the rezoning preliminary plat and final plat as presented, and I can answer any questions if we have any.

4:54

Okay, any questions for Melissa.

4:56

I I have just a informational question so you can educate me on something here.

5:01

In your cover memo, you mentioned that uh the septic system can't be installed, cannot be installed, and you indicate the reasons why.

5:11

Uh would there have to be a change in the well-held protection zone and floodplain development uh regulations in order for a septic tank to be installed?

5:22

Um at this time it would just have to be with the overhead wellhead protection zone.

5:27

So if that should ever change, and or um there is a septic system that Mr.

5:32

Krotz could find that would um meet the state standards and city standards.

5:38

Um, then in the future that's a possibility that could be developed.

5:42

Okay, thank you.

Discussion Breakdown — Share of Meeting

Zoning and Land Use█████████████████████████████████████████████74%

Procedural█████████████21%

Noise Pollution███5%

Summary of Proceedings

Kearney Planning Commission Meeting - December 17, 2021

The Kearney Planning Commission met on December 17, 2021, at 9:00 AM in the City Council Chambers. The commission considered a rezoning, preliminary and final plats for Buffalo Island Subdivision; a subdivision vacation, preliminary and final plats, and a rezoning for Grace Fellowship Second; and a code amendment to allow commercial recreation (outdoor) uses in the Agricultural district. All items were approved unanimously.

Consent Calendar

Approval of Minutes: The commission unanimously approved the minutes of the November 19, 2021, meeting.

Public Comments & Testimony

Buffalo Island Subdivision (Items 4-6): Applicant John Krotz (74 Sweetwater Avenue) spoke in support of the rezoning from AG to RR-1 and the preliminary/final plats. He described plans to use the parcel for a weekend retreat with a camper, noting that wellhead protection restrictions might limit septic installation but that a dry cabin or similar was possible. He had contacted Dawson Power for electricity and planned to locate a well outside the 1,000-foot wellhead protection zone.
Grace Fellowship Second (Items 7-10): Surveyor Trenton Snow (1309 Central Avenue) presented the proposal on behalf of Grace Fellowship Church and First Church of God. He explained that a land swap would allow Grace Fellowship to acquire overflow parking area from First Church of God, requiring vacation of Lot 1 of Grace Fellowship Addition, creation of a new subdivision (Grace Fellowship Second) with two lots (12.43 acres and 3.31 acres), and rezoning of Lot 2 from R-3/PD to R-1. He noted that 40 feet of right-of-way along 17th Avenue would be dedicated.
Code Amendment (Item 11): City staff (Melissa) presented the proposed amendment to add commercial recreation (outdoor) as a permitted use in the AG district, with supplemental regulations addressing hours of operation, parking, buffering, and setbacks. She explained that staff had been approached about such projects over the past 18 months and that the amendment would also apply to existing districts.

Discussion Items

Buffalo Island Subdivision: Commissioner Melissa Scott-Pandorf (staff) noted that the rezoning, preliminary plat, and final plat were consistent with the comprehensive plan and staff recommended approval. Commissioner John Rickard asked about the septic system restriction; staff explained that the wellhead protection zone currently prohibits septic, but future changes or alternative systems could allow development.
Grace Fellowship Second: Staff requested that the preliminary plat and final plat be voted on separately because the preliminary plat is a final action by the commission and does not go to the city council. The commission complied.
Code Amendment: Several commissioners raised questions. Commissioner Brent Yaw asked about the 20-acre minimum in AG, which staff confirmed would remain. Commissioner Jeffery Baker inquired about noise standards for outdoor recreation; staff stated that existing city noise codes would apply and enforcement would be based on complaints. Commissioner Joey Cochran asked whether a firearms range could be allowed; staff noted that discharge of firearms is prohibited within city limits but could be considered in the ETJ, subject to state and federal regulations for projectile containment. Commissioner Jamie Bernu asked about horse racing tracks; staff indicated no pending projects but that the amendment was a proactive measure. Commissioner Monte Dakan noted that the amendment was consistent with practices in other communities.

Key Outcomes

Rezoning No. 2021-20 (Buffalo Island Subdivision): Approved unanimously.
Preliminary Plat No. 2021-22 (Buffalo Island Subdivision): Approved unanimously.
Final Plat No. 2021-22 (Buffalo Island Subdivision): Approved unanimously.
Subdivision Vacation No. 2000-14 (Grace Fellowship Addition): Approved unanimously.
Preliminary Plat No. 2021-26 (Grace Fellowship Second): Approved unanimously.
Final Plat No. 2021-26 (Grace Fellowship Second): Approved unanimously.
Rezoning No. 2021-25 (Grace Fellowship Second): Approved unanimously.
Code Amendment No. 2021-02: Approved unanimously.
Staff Reports: The city council tabled the Kadivor LLC CUP request and rezoning until January 25, 2022. Staff requested three volunteers for a subcommittee to review off-street parking requirements; volunteers will be sought at the January meeting.
Adjournment: The meeting was adjourned.

Meeting Transcript

I'm gonna call this meeting of the planning commission to order. Um 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 that wall of the council chambers. We'll call please start here, Malone here, Dakon, here fusner here, Pandor, here Cochrane, here McGuinness. Here we have a quorum. Uh you all have copies of the minutes of the November 19th meeting. Um a motion in regards to those would be in order. Mr. Chairman, I move that we approve the minutes of the November 19th 2021 minutes as so written. Second, been moved and seconded are there any questions, comments, corrections? If not, uh call the roll, please. Malone. Dakin. Hi. Pandor. I Cochran. I'll McGuinness. I start. Hi. Um we have several items on the agenda today, and we'd appreciate it as your item, excuse me, as your item comes up before us. If you have something to present to us, please step to the center podium and provide us with your um name and address, and we'll uh make everything work from there. Um the first items on the agenda are items number four, five, and six, and they are uh regarding a rezoning uh preliminary and final plat on a parcel of property uh that is southeast of 75 Sweetwater Avenue. The first item is a rezoning uh number 2021 20 Buffalo Island subdivision, and that rezoning is from District AG through to District RR1 rural residential rural standards, and then from that point we uh deal with the preliminary plat and final plat for Buffalo Island subdivision. Is there anyone here to be heard on this matter? Please step forward. Hi. I'm John Croates, and my address is 74 Sweetwater Avenue. Can you give us an idea of what you're about? Um if just a piece of ground that um it'd be an awesome little piece of ground just to spend some time on. Um I know there's uh the well head rules against it or on it. Um so at the very worst, we can do a dry cabin or something like that. Um I've already talked to Dawson Power about rounding electricity out there, and that's all doable. Um the well's easy. Um I've talked to them about where to put the well. I know I have to be a thousand feet off of the uh well field, which is very doable for where the property is located, and so if I get those two things, even if I can't uh in the future put a drag cabin there or something, we still got a place we can go spend weekends with the camper or something in the summertime. So it's just uh if I can have electricity there and stuff, then we can I can talk to wife into taking a camper over there. So I think she's gonna have something to say to us here shortly what else I say, yeah. So that's pretty much it for now. Um I don't know what else you need, so I've never done this. We will never do it again. You're doing you're doing fine, you're doing fine. You're doing fine. Um does anybody have any questions for Ms. Croates? Uh Melissa, do you have any comments in regards to this? I do. I'll just let the planning commission know that um we are rezoning today from AG to R R1. Um that is because he'd like to divide four-acre parcel of land from a larger parcel. Um, there will be a easement from Sweetwater Avenue to the property, which we allow under code. Um, and that uh the proposed zoning is compatible with the blue designation and purpose. The law is complaining with the zoning district site development regulations and the subdivision layout is compatible with surrounding land uses.

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