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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Kearney Planning Commission Meeting - June 16, 2023: Rezoning and Future Land Use Map Amendment for 2400 East 32nd Place

Planning Commission — Friday, June 16, 2023

BodyKearney, Nebraska

SessionPlanning Commission

DateFriday, June 16, 2023

StatusFILED

Video Record

0:00 / 32:57

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

0:13

Okay, I'm gonna call this meeting of the planning commission to order and ask for a roll call, please.

0:18

Start.

0:19

Here.

0:20

Malone.

0:20

Here.

0:21

Daken.

0:22

Here.

0:22

Scott Pandor.

0:23

Here.

0:23

Cochrane.

0:24

Here.

0:25

Record.

0:26

McGuinness.

0:28

Here.

0:30

We have a quorum.

0:32

In accordance with section 841412 of the Nebraska State Revised Statutes.

0:37

The current copy of the open meetings act is available for your view and is posted on the wall of the council chambers.

0:42

If you need a um if you need information about today's meeting, there are uh papers on the hall outside.

0:51

Um I'll have copies of the minutes the May 19th meeting.

0:57

Is there a motion in regards to those?

0:59

Mr.

1:00

Chairman, I move that we approve the minutes of the meeting held May 19th, 2023 as so written.

1:07

It's been moved and seconded any discussion.

1:13

Hello.

1:14

Dakon.

1:14

I Scott Pandor Abstain.

1:17

Cochrane.

1:17

I McGuinness.

1:19

Aye.

1:19

Start.

1:20

Aye.

1:21

That motion carries.

1:22

Uh we have two items on our agenda and agenda today.

1:26

They both pertain to the same parcels of property.

1:29

If you have anything to contribute to the discussion this morning, uh please bring come to the center uh podium and uh speak into the microphone.

1:39

Also provide us with your name and address when you do so.

1:43

Um the two items that we have all pertain to the same parcel of the property, which is generally located at 2400 east 20 30 seconds uh place.

1:52

The first one is a hearing on the future land use map uh to be amended 2023-01.

1:58

It's an application uh submitted by Miller and Associates for Rovar Park LLC.

2:04

Uh an amendment to the future land use map of the city of Kearney comprehensive development plan for MDR medium density residential to MU2 office commercial retail next use.

2:17

Again, this property is located 20 uh 400 east 32nd place.

2:21

The second item is also a hearing, it's a rezoning of the same property.

2:25

Uh to rezone from District R3 PD Urban Residential Multifamily District Medium Density uh Planned Development Overlay District to District C three general commercial district.

2:40

Um both of these are hearings, and so we'll open them at this time and um your discussion on them.

2:46

All right, good morning.

2:47

My name is uh Craig Minnett, 1111 Central Avenue with Miller Associates here to represent Rovar Park LLC.

2:55

And so um care of Cody Frees.

2:57

This is uh uh individual for Rovar Park here that we're representing.

3:01

So the area that we're looking at is a 2.887-acre track located west of Antelope Avenue and just north of what is um actually a a road lot but is um coined as uh 32nd Street or 32nd um place, east 32nd place.

3:25

So the area that we're looking at here that we're asking this morning is simply rezoning of this particular parcel, and so it's currently zoned R3PD, and we're asking for it to be rezoned from R3PD to C3.

3:40

Uh the future land use map or the FLU currently has this property in an MDR medium density residential um overlay.

3:49

Uh we would ask that it would be changed to an MU2, which would be consistent with what's abutting and adjacent to the east side, uh which is also compatible with the proposed uh C3 zoning that we're asking for.

4:02

So from a zoning map standpoint, the proposed zoning that we have in place today is that it is sitting on top of what would be R3PD, which is the orange color adjacent to M1, PD, and M1 is kind of around that area on the north side is AG as well.

4:22

So R3PD, M1, AG are the three different abutting uh or the two different abutting um zoning districts.

4:30

So you can see that from when we overlay that zoning district to with the aerial map and kind of seeing through through the area, there's just some trees on the north, which some of these have been removed a little bit, um, some trees on the south, and the area that we have includes the north 44 feet of that road lot.

4:47

So he owns the north 44 feet of the said for road lot as well as as this portion of the property.

4:55

So when we overlay the plant in 1982, where it was St.

5:00

Luke's Good Samaritan Village, the property uh the um parcel that we're looking at is known as lot one, which includes this entire area here.

5:09

Well, actually, to this north line of the the road lot.

5:13

The road is actually on lot two.

Discussion Breakdown — Share of Meeting

Zoning and Land Use█████████████████████████████████████████████60%

Public Engagement█████████████████23%

Economic Development███████9%

Procedural████5%

Public Notification Procedures██3%

Summary of Proceedings

Kearney Planning Commission Meeting - June 16, 2023

The Kearney Planning Commission met on June 16, 2023, at 9:00 a.m. in City Council Chambers. The commission approved the minutes of the May 19, 2023, meeting (with one abstention), held public hearings on a future land use map amendment and a rezoning for the same property at 2400 East 32nd Place, and received reports on new public notification procedures and the commission's annual report. Both the map amendment and rezoning were approved unanimously. The meeting lasted approximately one hour.

Consent Calendar

Approval of Minutes (May 19, 2023): Moved and seconded. Roll call: Dakan – aye, Scott-Pandorf – abstain, Cochran – aye, McGuinness – aye, Start (Yaw?) – aye. Motion carried.

Public Comments & Testimony

Ted Sepp (address provided) asked about responsibility for paving the private road (East 32nd Place) and the gravel transition area. Staff clarified that any improvements would be the responsibility of the property owners, not the city.
Pat Slack (Century 21, representing Evangelical Lutheran Good Samaritan Society, the adjacent landowner) stated that the adjacent landowner has no objection to the zoning change and is supportive of the development. He acknowledged the road situation is challenging but expressed optimism.

Discussion Items

Future Land Use Map Amendment No. 2023-01 & Rezoning No. 2023-10 (2400 East 32nd Place)

Applicant Presentation: Craig Minnett (Miller & Associates) represented Rovar Park, LLC. The 2.887-acre parcel, currently zoned R-3/PD (Urban Residential Multi-Family with Planned Development Overlay) and designated MDR (Medium Density Residential) on the Future Land Use Map, is sought to be rezoned to C-3 (General Commercial) and the land use designation changed to MU2 (Office/Commercial Retail Mixed Use). The property is west of Antelope Avenue and accessed via a private road lot (East 32nd Place). The applicant noted that the north 44 feet of the road lot is owned by the applicant and the rezoning would include that portion. No specific development plans were presented; the request was solely for the zoning change.
Staff Recommendation (presented by Melissa, Development Services staff): Staff recommended approval of both the FLU amendment and the rezoning. Findings included: the property has remained undeveloped since a 1974 rezoning for residential use; the MU2 designation is consistent with adjacent development to the west; C-3 provides a transition from commercial to residential; no deviations are requested; and no PD plan is required. Staff concluded the requests are consistent with the comprehensive plan.
Commission Discussion: Questions focused on access and road conditions. Commissioner Rickard asked about access only from the southern boundary; Minnett confirmed. Commissioner Dakan inquired about the possibility of making the road a city street; Minnett noted challenges with current standards and that any improvement would require owner cooperation. Chair Malone noted that paving would require a 51% agreement from adjacent landowners under a paving district. Staff clarified that the city would not facilitate improvements.

Reports

New Public Notification Procedures: Staff presented a new procedure approved by City Council adding mailed notification letters to neighboring properties within 300 feet of a subject property, in addition to the existing on-site sign and newspaper publication. The letters will include a map of notified properties. For this hearing, six letters were sent. Staff noted that letters are sent by regular (first class) mail, and the procedure may evolve over time. Commissioners praised the initiative and suggested adding information about future City Council hearing dates to the notifications.
Planning Commission Annual Report (2022-2023): Staff reported that the commission conducted 87 public hearings over the past 12 months, a decrease from 104 the prior year, reflecting a general slowing in development due to higher interest rates. The report highlighted major residential and commercial projects, two conditional use permits, code updates, and staffing changes. Three commissioners (Yaw, Malone, Scott-Pandorf) are up for reappointment at the end of July. The report will be presented to City Council.

Key Outcomes

Future Land Use Map Amendment No. 2023-01: Approved unanimously. (Roll call: Malone – aye, Dakan – aye, Scott-Pandorf – aye, Cochran – aye, McGuinness – aye, Yaw – aye. Motion carried.)
Rezoning No. 2023-10: Approved unanimously. (Same roll call result.)
No further actions taken. The meeting adjourned following the reports.

Meeting Transcript

Okay, I'm gonna call this meeting of the planning commission to order and ask for a roll call, please. Start. Here. Malone. Here. Daken. Here. Scott Pandor. Here. Cochrane. Here. Record. McGuinness. Here. We have a quorum. In accordance with section 841412 of the Nebraska State Revised Statutes. The current copy of the open meetings act is available for your view and is posted on the wall of the council chambers. If you need a um if you need information about today's meeting, there are uh papers on the hall outside. Um I'll have copies of the minutes the May 19th meeting. Is there a motion in regards to those? Mr. Chairman, I move that we approve the minutes of the meeting held May 19th, 2023 as so written. It's been moved and seconded any discussion. Hello. Dakon. I Scott Pandor Abstain. Cochrane. I McGuinness. Aye. Start. Aye. That motion carries. Uh we have two items on our agenda and agenda today. They both pertain to the same parcels of property. If you have anything to contribute to the discussion this morning, uh please bring come to the center uh podium and uh speak into the microphone. Also provide us with your name and address when you do so. Um the two items that we have all pertain to the same parcel of the property, which is generally located at 2400 east 20 30 seconds uh place. The first one is a hearing on the future land use map uh to be amended 2023-01. It's an application uh submitted by Miller and Associates for Rovar Park LLC. Uh an amendment to the future land use map of the city of Kearney comprehensive development plan for MDR medium density residential to MU2 office commercial retail next use. Again, this property is located 20 uh 400 east 32nd place. The second item is also a hearing, it's a rezoning of the same property. Uh to rezone from District R3 PD Urban Residential Multifamily District Medium Density uh Planned Development Overlay District to District C three general commercial district. Um both of these are hearings, and so we'll open them at this time and um your discussion on them. All right, good morning. My name is uh Craig Minnett, 1111 Central Avenue with Miller Associates here to represent Rovar Park LLC. And so um care of Cody Frees. This is uh uh individual for Rovar Park here that we're representing. So the area that we're looking at is a 2.887-acre track located west of Antelope Avenue and just north of what is um actually a a road lot but is um coined as uh 32nd Street or 32nd um place, east 32nd place. So the area that we're looking at here that we're asking this morning is simply rezoning of this particular parcel, and so it's currently zoned R3PD, and we're asking for it to be rezoned from R3PD to C3.

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