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Record of Proceedings

Planning Commission Meeting - February 17, 2023: Approval of Arbor View Second Subdivision and Related Rezonings

Planning Commission — Friday, February 17, 2023
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, February 17, 2023
StatusFILED
Video Record
0:00 / 44:38

Original source
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0:03

Good morning.

0:03

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

0:07

And in accordance with section 84 1412 of the last revised statutes, current copy of the open meetings act is available for review and is posted on the wall of the council chambers.

0:19

Roll call, please.

0:22

Here.

0:22

Melow.

0:23

Taken.

0:24

Here.

0:24

Record.

0:25

Here.

0:25

Yah.

0:26

Here.

0:26

McGuinness.

0:27

Here.

0:29

We have a quorum.

0:30

You all have copies of and have read the minutes of the meeting of January 20th.

0:35

Motion in regards to those would be in order.

0:38

Mr.

0:38

Chairman, I would move that we approve the minutes of the meeting held on January 20th, 2023.

0:43

As so written.

0:44

Second.

0:45

Movement second to any further discussion or discussion.

0:50

Leah?

0:51

Malone.

0:53

Taken.

0:53

Steve.

0:54

Record.

0:55

Steve.

0:56

Y'all.

0:57

Aye.

0:57

McGinnis.

0:58

Hi.

0:59

Dart.

1:00

Aye.

1:00

So we do not have a majority vote.

1:04

We don't have a quorum for this vote due to the two abstaining.

1:07

So we'll move this to our uh March meeting.

1:11

I don't think we need to take any action on that.

1:13

It's kind of automatic.

1:15

Okay.

1:17

Very good.

1:18

Um we have several things on the agenda this morning.

1:21

And uh just for your information, if you're going to participate, please come to the center and speak into the microphone as and please give us your name and address for the record.

1:32

Um this morning we have several items that are all pertinent to the same parcels of property.

1:40

Uh several of them are hearings.

1:42

Um just in brief, uh, we're going to be looking at a storm detention, a stormwater detention cell easement vacation uh for a parcel of property, and all of these properties have generally the same uh legal or approximate uh designation property property uh at 63rd Street uh east of Avenue N.

2:04

The next portion of that would be a permanent right-of-way utility easement uh for a parcel of property in that same neighborhood.

2:11

And then subsequently there are hearings on a rezoning of two parcels of property, a final uh preliminary final plat, and then an annexation.

2:20

Uh all these properties are identified as being uh on 63rd Street lying east of Avenue N.

2:29

Good morning.

2:30

All right, good morning.

2:31

My name is Craig Bennett, 1111 Central Avenue from Miller Associates, and I'm here to represent Fox Creek Development LLC.

2:38

One thing I need to note is that we do have a set of hearings, so all of those here we're going to hear all of this as one con uh one process, and basically all of the hearings are open at this time, and we will treat the hearings one by one as we move through as a formality.

2:55

All right.

2:56

Well, thank you, Chairman.

2:58

Um this would be known as uh what I'm talking about today will be known as our review second.

3:04

And uh I've brought through or we did back in 2018 the preliminary plat for this area, and so we'll just kind of go through um the next phase of it, so to speak, and the rezoning components and some of the uh infrastructure that we've already put in place and easements that we're releasing.

3:23

So not every application's in here, but almost most of them are a part of this submittal here.

3:29

So the area that we're talking about today is highlighted at this yellow shaded area here in the black area that we have here is what's known as our review first, um, in the dashed area, which is the boundary of what we preliminary platted uh originally and then came back and done the final plat of our review first.

3:50

So our review second that we have today before you is consisting of 43 lots in all the associated public hearings.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████47%
Transportation Safety██████████████████████████27%
Engineering And Infrastructure███████████11%
Procedural████████8%
Water And Wastewater Management█████5%
Public Engagement██2%
Summary of Proceedings

Planning Commission Meeting - February 17, 2023

The Planning Commission of Kearney, Nebraska, met on February 17, 2023, at 9:00 a.m. in City Council Chambers. The commission considered a series of applications from Miller & Associates for Fox Creek Development, LLC, related to the Arbor View Second subdivision on 63rd Street east of Avenue N. All items were approved unanimously after a presentation and discussion. The commission also attempted to approve the January 20, 2023 minutes, but the vote failed due to a lack of quorum (two abstentions), and the item was moved to the March meeting.

Consent Calendar

  • Stormwater Detention Cell Easement Vacation No. 2023-02: Approved to vacate a 525-foot by 70-foot easement.
  • Permanent Right-of-Way & Utility Easement Vacation No. 2023-03: Approved to vacate a 2,545-foot by 60-foot easement.

Public Comments & Testimony

  • No members of the public came forward to speak on any of the agenda items.

Discussion Items

  • Presentation by Craig Bennett (Miller & Associates): Bennett outlined the Arbor View Second subdivision, which consists of 43 lots (23 R1 single-family and 20 R2 mixed-density duplex lots) on approximately 20.54 acres. The original 2018 preliminary plat had 49 lots for the same area; the new plan reduces lot count but increases housing units because of duplexes. The development includes a revised infrastructure feasibility plan, with a temporary gravel road for secondary access, and all rezoning is consistent with the Low Density Residential (LDR) future land use map. Bennett noted that construction is already underway under developer's agreements.
  • Commissioner Questions:
    • Commissioner Melissa Scott-Pandorf asked about the fiscal note for reimbursable expenses; staff clarified that reimbursement occurs after infrastructure completion.
    • Commissioner Brent Yaw inquired about a previously discussed park area; Bennett indicated a lot is reserved for green space but no detailed plans exist.
    • Commissioner Jamie Bernu raised concerns about traffic congestion on Avenue N, the single access point, and the potential for increased density to worsen safety. Staff noted that the city evaluates traffic access and that the future land use map caps density at R2. Commissioner Bernu also asked about rules limiting subdivision size with one entrance; staff promised to provide an informational email on policies.
    • Commissioner Jeffery Baker asked about the owner of adjacent agricultural property; Bennett identified it as owned by Jerry McKean.
  • Staff Report: City staff supported all applications, noting no objections had been received. The findings confirmed compatibility with the comprehensive plan and adherence to site development regulations.

Key Outcomes

  • Minutes of January 20, 2023: Motion to approve failed (2 abstentions, lacking quorum); moved to March meeting.
  • Agenda Items 4 and 5 (Easement Vacations): Approved unanimously (motion carried).
  • Agenda Item 6 (Rezoning to R-1, No. 2023-02): Approved unanimously.
  • Agenda Item 7 (Rezoning to R-2, No. 2023-03): Approved unanimously.
  • Agenda Item 8 (Preliminary Plat No. 2023-02): Approved unanimously.
  • Agenda Item 9 (Final Plat No. 2023-02): Approved unanimously.
  • Agenda Item 10 (Annexation No. 2023-01): Approved unanimously.
  • Reports: Staff announced the appointment of Jeffrey Baker to fill a vacancy on the commission, effective March, and reminded commissioners of the Nebraska Planning Association conference (March 8–10).
  • Adjournment: Meeting adjourned after reports.

Meeting Transcript

Good morning. I'm going to call this meeting of the Planning Commission to order. And in accordance with section 84 1412 of the last revised statutes, current copy of the open meetings act is available for review and is posted on the wall of the council chambers. Roll call, please. Here. Melow. Taken. Here. Record. Here. Yah. Here. McGuinness. Here. We have a quorum. You all have copies of and have read the minutes of the meeting of January 20th. Motion in regards to those would be in order. Mr. Chairman, I would move that we approve the minutes of the meeting held on January 20th, 2023. As so written. Second. Movement second to any further discussion or discussion. Leah? Malone. Taken. Steve. Record. Steve. Y'all. Aye. McGinnis. Hi. Dart. Aye. So we do not have a majority vote. We don't have a quorum for this vote due to the two abstaining. So we'll move this to our uh March meeting. I don't think we need to take any action on that. It's kind of automatic. Okay. Very good. Um we have several things on the agenda this morning. And uh just for your information, if you're going to participate, please come to the center and speak into the microphone as and please give us your name and address for the record. Um this morning we have several items that are all pertinent to the same parcels of property. Uh several of them are hearings. Um just in brief, uh, we're going to be looking at a storm detention, a stormwater detention cell easement vacation uh for a parcel of property, and all of these properties have generally the same uh legal or approximate uh designation property property uh at 63rd Street uh east of Avenue N. The next portion of that would be a permanent right-of-way utility easement uh for a parcel of property in that same neighborhood. And then subsequently there are hearings on a rezoning of two parcels of property, a final uh preliminary final plat, and then an annexation. Uh all these properties are identified as being uh on 63rd Street lying east of Avenue N. Good morning.

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