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Record of Proceedings

Planning Commission Meeting – April 21, 2023

Planning Commission — Friday, April 21, 2023
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, April 21, 2023
StatusFILED
Video Record
0:00 / 2:01:04

Original source
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0:04

Okay, good.

0:08

We're good to go.

0:09

Yes, we're good to go.

0:11

Good morning.

0:11

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

0:15

In accordance with sections 84, 14, 12 that are brought to revised statutes.

0:20

A current copy of the open meetings act is available for review and is posted on the wall here in this room.

0:27

Roll call, please.

0:29

Dart.

0:30

Here.

0:32

Dakon.

0:32

Here.

0:33

Scott Pandor.

0:34

Here.

0:34

Baker.

0:35

Here.

0:35

Cochrane.

0:36

Here.

0:36

Record.

0:37

Here.

0:38

Yaw.

0:38

Here.

0:39

McGinnis.

0:39

Here.

0:40

We have quorum.

0:43

We have a variety of you all have minutes of the March 17th meeting.

0:49

Motion in regards to those would be an order.

0:51

Mr.

0:51

Chairperson, I would move that we approve the minutes of the meeting held on March 17th, 2023 as so written.

0:57

Second.

0:58

Moved and seconded.

0:59

Any discussion.

1:04

Malone.

1:05

Daken.

1:06

Scott Pandor.

1:08

Abstain.

1:08

Baker.

1:09

Yes.

1:10

Cochrane.

1:11

Rickard.

1:12

I beg Guinness.

1:17

Motion carries.

1:18

Before we get underway, if you have something to present to us this morning, please come to the center podium and speak into the microphone so that we can hear you.

1:27

And for the record, we'll have that available.

1:31

And if you do not have a agenda for this morning, I think there are some out in the hallway if you'd like one so that you can follow along.

1:40

The first item we have is a hearing on a rezoning 2023-05.

1:47

This was postponed in March and brought back to us here at this time.

1:52

And this is uh proposal to for east of uh to rezone a parcel of property east of Cherry Avenue and south of East 11th Street.

2:02

Um this is to re zone from District AG agricultural district to district C3 General Commercial District.

2:09

And again, this property is located east of Cherry Avenue and south of East 11th Street.

2:16

Uh is someone here to talk to us about that.

2:19

Step right up.

2:23

I'm Roger Harders, and I'm I guess I'm representing West Limited LLC, which is a LLC I own.

2:30

And uh I guess um I own this land, and I would like to right now I'm trying to recruit like a Casey's or a pump and pantry out there for the for 10 10 acres of it.

2:43

And uh I think uh we might stand a better chance of developing it if it's zone commercial, and then instead of saying agricultural, uh I think it might attract some more people.

2:54

We presently have it uh advertised in the MLS and Omaha Lincoln Fremont uh and uh through Realtors.com and uh other outlets.

3:07

So and uh I think uh hopefully we can find some business that would like to relocate or expand in Carney.

3:16

I know Pump and Pantries already here and Casey's is already here, but Covey's isn't I don't know of any in here, but they're a convenience store in east eastern Nebraska, a little smaller chain, but they have nice facilities.

3:30

So that's what I'm presently doing, and uh the property is oh she already clicked it for me.

3:38

Okay, it's just uh the south southwest quarter of the northwest quarter of that section, and uh that's where it's at presently right now.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████32%
Transportation Safety█████████████████████████████29%
Engineering And Infrastructure██████████████████████████26%
Procedural██████6%
Active Transportation████4%
Public Engagement███3%
Summary of Proceedings

Planning Commission Meeting – April 21, 2023

The Kearney Planning Commission met on April 21, 2023, at 9:00 a.m. in City Council Chambers. The commission considered six rezoning requests, one subdivision vacation, two preliminary plats, and two final plats, all of which were approved unanimously. A staff presentation on traffic impacts and planning principles generated discussion about future growth and infrastructure needs.

Consent Calendar

  • Approval of Minutes: The minutes of the March 17, 2023, meeting were approved (7-0-1 abstention, Scott-Pandorf abstained; motion carried).

Public Comments & Testimony

  • No public testimony was offered by citizens not associated with the agenda items.

Discussion Items

  • Rezoning No. 2023-05 (East of Cherry Avenue & South of E 11th Street): Applicant Roger Harders (West Limited, LLC) requested rezoning from AG (Agricultural) to C-3 (General Commercial) for a 10-acre parcel. Harders stated he is recruiting a convenience store (e.g., Casey's or Pump & Pantry) and noted the property is currently farmed. Staff confirmed the rezoning is compatible with the future land use designation (MU3) and recommended approval. The commission approved unanimously.
  • Rezoning No. 2023-06 (715 and 805 22nd Avenue): Applicant Craig Bennett (Miller & Associates) for KPT&G, LLC requested rezoning from R-3/PD (Urban Residential Multi-Family/Planned Development) to C-O (Office District) for two undeveloped lots. The lots are adjacent to a park, and landscaping requirements will apply. Staff recommended approval. The commission approved unanimously.
  • Rezoning No. 2023-07 (East of 30th Avenue & North of 56th Street): Craig Bennett for DT Development, Inc. requested rezoning of 36.85 acres from AG to C-2 (Community Commercial) to align with a previously approved preliminary plat. Staff recommended approval. The commission approved unanimously.
  • Rezoning No. 2023-08 (Spruce Hollow West Second): Craig Bennett for DT Development requested rezoning of 84.94 acres from AG to RR-2 (Rural Residential Intermediate Standards) as the first phase of a larger subdivision. Lots will be served by private wells and septic. Staff recommended approval. The commission approved unanimously.
  • Final Plat No. 2023-04 (Spruce Hollow West Second): The final plat for the same 84.94-acre parcel, creating 20 large lots (3–4 acres each) with paved roads, was approved unanimously.
  • Rezoning No. 2023-09 (Taylor Villas): Craig Bennett for Gene and Deb McElhinny requested rezoning of 11 lots (plus two lots west of Avenue O) from R-1 to R-2 (Urban Residential Mixed-Density) to allow duplexes with slab-on-grade construction. The lots have been undeveloped for over a decade. A temporary cul-de-sac easement will provide emergency access. Staff recommended approval. The commission approved unanimously.
  • Partial Subdivision Vacation No. 2013-10 (Taylor Addition): The vacation of the existing plat for Lots 1–11, Block 1 of Taylor Addition was approved unanimously.
  • Preliminary Plat No. 2023-05 (Taylor Villas): The preliminary plat for 10 lots (replat of the vacated lots) was approved unanimously.
  • Final Plat No. 2023-05 (Taylor Villas): The final plat for the same 10 lots was approved unanimously.
  • Reports – Traffic Impacts and Planning Presentation: Staff (Melissa Scott-Pandorf and City Engineer Luke Decher) presented on how land use, zoning, street function, access management, and traffic volumes are considered in development decisions. Key points included:
    • Density and intensity metrics guide residential and commercial zoning.
    • Street functional classification (arterial, collector, local) and access management (driveway spacing, intersection placement) affect traffic flow.
    • Examples of average daily traffic counts: 30th Avenue south of viaduct ~8,000 vehicles/day; 39th Street near Country Club ~5,600; 11th Avenue in Fountain Hills ~1,150.
    • Traffic signal warrants are federally mandated (MUTCD); signals cannot be installed without meeting volume or safety criteria.
    • Level of Service (LOS) A–F describes intersection performance; most Kearney roads operate at LOS B–D during peak hours.
    • Discussion followed about balancing development with infrastructure costs, proactive vs. reactive planning, and the need for public education. Commissioner Yaw asked about developer responsibility for future turn lanes; staff noted that such obligations are generally limited to the time of development. The presentation was well received, and commissioners requested copies.

Key Outcomes

  • All nine agenda items (rezonings, vacation, plats) were approved unanimously by voice vote.
  • The traffic presentation was informational; no formal action was taken.
  • The meeting adjourned at approximately 10:45 a.m. (no specific time given, but after the presentation and discussion).

Meeting Transcript

Okay, good. We're good to go. Yes, we're good to go. Good morning. I'm going to call this meeting of the planning commission to order. In accordance with sections 84, 14, 12 that are brought to revised statutes. A current copy of the open meetings act is available for review and is posted on the wall here in this room. Roll call, please. Dart. Here. Dakon. Here. Scott Pandor. Here. Baker. Here. Cochrane. Here. Record. Here. Yaw. Here. McGinnis. Here. We have quorum. We have a variety of you all have minutes of the March 17th meeting. Motion in regards to those would be an order. Mr. Chairperson, I would move that we approve the minutes of the meeting held on March 17th, 2023 as so written. Second. Moved and seconded. Any discussion. Malone. Daken. Scott Pandor. Abstain. Baker. Yes. Cochrane. Rickard. I beg Guinness. Motion carries. Before we get underway, if you have something to present to us this morning, please come to the center podium and speak into the microphone so that we can hear you. And for the record, we'll have that available. And if you do not have a agenda for this morning, I think there are some out in the hallway if you'd like one so that you can follow along. The first item we have is a hearing on a rezoning 2023-05. This was postponed in March and brought back to us here at this time. And this is uh proposal to for east of uh to rezone a parcel of property east of Cherry Avenue and south of East 11th Street. Um this is to re zone from District AG agricultural district to district C3 General Commercial District. And again, this property is located east of Cherry Avenue and south of East 11th Street.

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