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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Kearney Planning Commission Meeting - July 21, 2023

Planning Commission — Friday, July 21, 2023

BodyKearney, Nebraska

SessionPlanning Commission

DateFriday, July 21, 2023

StatusFILED

Video Record

0:00 / 2:00:53

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

0:09

Good morning.

0:10

We're going to call this meeting of the Planning Commission to order, and in accordance with section 84 1412, the Nebraska revised statutes.

0:18

A current copy of the open meetings act is available for review and is posted on this uh on the meeting room right over here.

0:26

As for a roll call, please.

0:28

Start.

0:29

Here.

0:29

Malone.

0:30

Here.

0:30

Baker.

0:31

Here.

0:31

Y'all?

0:32

Here.

0:32

McGuinness.

0:33

Here.

0:34

We do have a quorum.

0:37

For those of you that are here this morning, if you are going to address us on any of the projects that are here, we ask you please come to the center microphone and speak into the microphone, giving us your name and your address.

0:51

We also have the agenda out in the hallway.

0:54

If you don't have an agenda, please pick that up so you'll know when each project is coming.

1:00

You all have a copy of the minutes of the June 16th meeting.

1:05

A motion in regards to those would be an order.

1:08

Mr.

1:08

Chairman, I move that we approve agenda item number three, approval minutes of meeting held June 16th, 2023, as so written.

1:15

Second.

1:16

And moved and seconded.

1:17

Is there any discussion, questions, comments?

1:21

Hearing none.

1:23

Malia?

1:24

Malone.

1:24

I baker.

1:26

I McGinnis.

1:28

I start.

1:29

Aye.

1:30

The motion carries.

1:32

Um our first item today is uh number four on the agenda, and it's a hearing.

1:37

Uh a rezoning hearing to rezone from District R 3 Urban Residential Multifamily District Medium Density to District U C mixed use urban corridor district.

1:49

Uh this property is located at 116, excuse me, 116 and 118 West 27th Street.

1:56

Uh and on and uh the address is 2615 2nd Avenue.

2:01

Good morning.

2:02

Good morning.

2:02

My name is Craig Bennett from Miller Associates 1111 Central Avenue.

2:06

Here to represent Five Stones Investment Group LLC.

2:09

And so before you today, we'll be talking just only about a rezoning project here.

2:14

So the area that we have I've highlighted in yellow here is located at the southeast corner of the intersection of 27th and 2nd Avenue here.

2:25

And so the current zoning map that we have right now, this particular property consists of a commercial business, uh residential single family home and residential single family home as well.

2:37

Um the five stones investment group owns all three lots, um, and that's where their business is located at.

2:45

So it's currently all sitting in an R3 zone, um, and some of which would be nonconforming and things like that by what we have, but it's been pre-existing non-conforming.

2:56

So this is uh this lot here is in the old uh Perkins and Hartford um strip uh subdivision, and this is it, these two lots are in the um South uh the Southwest Quarter School District, if I'm saying that correctly.

3:11

But this is the R3 zone that we have.

3:14

So before you today, we are proposing to have this zoned from R3 to UC, which would be the blue UC.

3:24

I you see, you see.

3:26

Um I just came out that way, sorry.

3:29

Very clever.

3:30

I appreciate that.

3:32

I've always wondered like R3 P you know.

3:36

So anyway, uh yeah.

3:39

Or C3.

3:41

Okay, so anyway, um so the UC is what we're proposing today, which would take it clear to the center, obviously, but the lots being requested would be the three lots that the abutting alley would be the same as well.

3:53

Um so the future land use map is uh MU2, uh, which would remain.

3:58

There would be no change in that.

4:00

That is consistent with the proposed U UC zone.

Discussion Breakdown — Share of Meeting

Zoning and Land Use████████████████████████████████████36%

Engineering And Infrastructure████████████████████████24%

Procedural█████████████████17%

Economic Development█████5%

Environmental Protection████4%

Water And Wastewater Management████4%

Affordable Housing███3%

Housing Issues███3%

Transportation Safety██2%

Summary of Proceedings

Kearney Planning Commission Meeting Summary - July 21, 2023

The Kearney Planning Commission met on July 21, 2023, at 9:00 AM in the City Council Chambers. The commission considered several rezoning requests, a conditional use permit for resource extraction, a large residential development (The Meadows) requiring multiple approvals, amendments to redevelopment plans, and a presentation on the 2023-2024 capital improvements budget. All agenda items except one received unanimous approval; Commissioner Dart voted against the five items related to The Meadows development.

Consent Calendar

Agenda Item 3 – Approval of Minutes (June 16, 2023): Approved as written by unanimous vote.

Public Comments & Testimony

Kenneth Rector (12855 At A Loaf Road, Kearney) spoke in support of Conditional Use Permit No. 2023-01 (resource extraction). He is the adjoining property owner and stated he sold the subject property years ago and is now applying for a similar CUP for his own land.

Discussion Items

Item 4 – Rezoning No. 2023-11 (Five Stones Investment Group, LLC): Proposal to rezone 116-118 West 27th Street and 2615 2nd Avenue (three lots, approx. 0.5 acre) from R-3 (Medium Density Multi-Family) to UC (Mixed-Use Urban Corridor). The existing commercial building is non-conforming. Applicant Craig Bennett stated the owner plans to construct a commercial building over all three lots. Staff found the rezoning compatible with the Future Land Use Map (MU2) and consistent with the 2016 Comprehensive Plan. The hearing was closed with no public opposition. Motion to approve carried 6-0 (roll call not individually recorded; all aye).
Item 5 – Rezoning No. 2023-12 (WWS Land, LLC): Rezone approximately 10.5 acres west of Imperial Avenue and north of 45th Street from AG (Agricultural) to M-1 (Limited Industrial). Applicant Mitch Humphrey stated owner Bill Shapley plans to relocate his pivot irrigation sales/service business to the site. Staff found the rezoning compatible with the area's commercial/light industrial trend. A future preliminary and final plat will be required. Motion to approve carried unanimously.
Item 6 – Conditional Use Permit No. 2023-01 (Blessing Premier Property, LLC): Application to operate a resource extraction (borrow pit) on 29.33 acres west of 7310 2nd Avenue, zoned AG. The site had a CUP in 2002-2004 but it expired; extraction continued without a valid permit. The applicant proposes a 5-year CUP with a plan to eventually create three rural residential lots and a pond. Conditions include a 100-foot undisturbed buffer from residential areas (Glenwood Estates), a 20-foot setback along the west property line, proper sloping of banks, and 14 other mitigation measures. The applicant agreed to all 15 conditions. Staff recommended approval. The hearing included one supportive public comment. Motion to approve with conditions carried unanimously.
Items 7-11 – The Meadows First Addition (Starostka Group Unlimited): A multi-part proposal for a subdivision at 2050 East 39th Street, covering approximately 50 lots (plus two outlots) with single-family and duplex units. Actions included:
- Rezoning (No. 2023-13) from AG to R-2, R-2/PD, and R-3.
- Planned Development Plan (No. 2023-13, Folder #2)
- Preliminary Plat (No. 2023-07)
- Final Plat (No. 2023-07)
- Annexation (No. 2023-03) Staff recommended approval with deviations: reduction of minimum lot width to 67 feet on 11 lots (Block 2, Lots 2-12) and to 56 feet on 15 lots (Block 7, Lot 1; Block 8, Lots 2-15). Increases in standards included dedication of a 10-foot trail easement along 39th Street for an 8-foot wide sidewalk, cost-sharing per city policy, and increased storm pipe sizing to accommodate future drainage from 18 acres to the west. Applicant Jacob Ryder argued that the PD designation allows for more affordable lots by reducing lot width by 3-14 feet from the conventional 70-foot R-2 minimum, saving homeowners $8,000-$10,000 in infrastructure costs per lot. Commissioner Yaw questioned whether the benefit to the city (trail easement) adequately balanced the density increase. After discussion, each item was voted separately. Commissioner Dart voted "no" on all five motions; all other members present voted aye. Motions carried 5-1 on each.
Items 12-13 – Amendments to Redevelopment Plans:
- Item 12: Amendment to Redevelopment Plans for Areas 2 and 8 (Younes Redevelopment Project) – modifies the Enhanced Employment Area (EEA) boundary by reducing it to only fully developed areas and creates a second EEA boundary for undeveloped land east of Crown Plaza.
- Item 13: Amendment to Area 8 Redevelopment Plan (2023 Younes Expansion Project) – establishes a new EEA boundary for a mixed-use project (Eunice Landing) and a dual-brand hotel. Assistant City Manager Brendan Jensen presented. The EEA designation allows a self-imposed 1% occupation tax (GBOT) on retail, restaurant, and hotel sales within the boundary to finance public infrastructure. The new EEA is expected to generate 260-340 new jobs and $40 million in new investment. Both proposed redevelopment plan amendments were found consistent with the 2016 Comprehensive Plan. Staff recommended approval. Motions carried unanimously.
Item 14 – Presentation of Capital Expenditures (2023-2024 Budget): Finance Director Kayla James outlined planned capital improvements:
- Street Improvement Fund: $500,000 for miscellaneous paving; $1.435 million for Eunice Drive sewer, water, storm sewer, and street construction; $200,000 for 30th Avenue Overpass maintenance.
- Special Sales Tax Fund: $370,000 for asphalt street replacement at various local sites; $797,000 for concrete removal/replacement on 28th Street (Avenues I-L) plus storm sewer improvements.
- Sewer Fund: $500,000 for miscellaneous sewer districts; approximately $19 million for the ongoing $35 million wastewater treatment plant Phase II renovation (new headworks, primary clarifiers, aeration basins).
- Water Fund: $400,000 for miscellaneous water districts; $1.3 million for lead service line replacement program in disadvantaged neighborhoods (over 5 years, total project approx. $4 million).
- Stormwater Utility Fund: $550,000 for Eunice Drive stormwater drainage; $185,000 for the Kearney Sportsplex detention cell. The commission recommended approval of the capital improvements plan per state statute. Motion carried unanimously.

Key Outcomes

Approved: Consent calendar minutes; Rezonings 2023-11, 2023-12, and 2023-13; Conditional Use Permit 2023-01; Planned Development Plan, Preliminary Plat, Final Plat, and Annexation for The Meadows First Addition (all with deviations and increases as recommended); two amendments to Redevelopment Plans (Areas 2 & 8 and Area 8); and the 2023-2024 Capital Improvements Plan.
Votes: Items 7-11 passed 5-1 (Commissioner Dart dissenting); all other votes were unanimous.
Next Steps: Conditional Use Permit applicant must adhere to 15 conditions; The Meadows developer will proceed with construction pending final approvals; Redevelopment Plan amendments will go to the Community Redevelopment Authority and City Council. The lead service line replacement program will include town hall meetings in fall 2023.

Meeting Transcript

Good morning. We're going to call this meeting of the Planning Commission to order, and in accordance with section 84 1412, the Nebraska revised statutes. A current copy of the open meetings act is available for review and is posted on this uh on the meeting room right over here. As for a roll call, please. Start. Here. Malone. Here. Baker. Here. Y'all? Here. McGuinness. Here. We do have a quorum. For those of you that are here this morning, if you are going to address us on any of the projects that are here, we ask you please come to the center microphone and speak into the microphone, giving us your name and your address. We also have the agenda out in the hallway. If you don't have an agenda, please pick that up so you'll know when each project is coming. You all have a copy of the minutes of the June 16th meeting. A motion in regards to those would be an order. Mr. Chairman, I move that we approve agenda item number three, approval minutes of meeting held June 16th, 2023, as so written. Second. And moved and seconded. Is there any discussion, questions, comments? Hearing none. Malia? Malone. I baker. I McGinnis. I start. Aye. The motion carries. Um our first item today is uh number four on the agenda, and it's a hearing. Uh a rezoning hearing to rezone from District R 3 Urban Residential Multifamily District Medium Density to District U C mixed use urban corridor district. Uh this property is located at 116, excuse me, 116 and 118 West 27th Street. Uh and on and uh the address is 2615 2nd Avenue. Good morning. Good morning. My name is Craig Bennett from Miller Associates 1111 Central Avenue. Here to represent Five Stones Investment Group LLC. And so before you today, we'll be talking just only about a rezoning project here. So the area that we have I've highlighted in yellow here is located at the southeast corner of the intersection of 27th and 2nd Avenue here. And so the current zoning map that we have right now, this particular property consists of a commercial business, uh residential single family home and residential single family home as well. Um the five stones investment group owns all three lots, um, and that's where their business is located at. So it's currently all sitting in an R3 zone, um, and some of which would be nonconforming and things like that by what we have, but it's been pre-existing non-conforming. So this is uh this lot here is in the old uh Perkins and Hartford um strip uh subdivision, and this is it, these two lots are in the um South uh the Southwest Quarter School District, if I'm saying that correctly. But this is the R3 zone that we have. So before you today, we are proposing to have this zoned from R3 to UC, which would be the blue UC. I you see, you see.

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