Kearney Planning Commission Meeting - April 19, 2024

The Kearney Planning Commission met on April 19, 2024, at 9:00 a.m. in City Council Chambers to consider a lengthy agenda including a conditional use permit for resource extraction, two subdivision plats, a large commercial development (Younes Center Tenth Addition) involving rezoning, future land use map amendment, vacancy, preliminary/final plats, annexation, and several code amendments related to agricultural and civic uses. All items were approved, with Commissioner Cochran abstaining on certain votes related to the Younes Center due to a conflict of interest.

Consent Calendar

• Approval of Minutes: The minutes of the March 15, 2024 meeting were approved unanimously by roll call (all present voting aye).

Public Comments & Testimony

• Conditional Use Permit No. 2024-02: Dan Melton, neighbor at 6700 30th Avenue, spoke in support of the resource extraction operation proposed by Charlie Isaac, stating that neighbors had met with the applicant and had no objection as long as conditions were followed. Melton noted past issues with a different operation and expressed trust in the applicant's plan.

Discussion Items

• Conditional Use Permit No. 2024-02 (Resource Extraction – Clay): Applicant Charlie Isaac requested a five-year conditional use permit to extract clay from a 35-acre agricultural parcel at 6880 30th Avenue, with the goal of flattening the site for a future Christmas tree farm. Isaac described mitigation measures including a berm for erosion control, a crushed concrete driveway, and truck traffic limited to three trucks. Staff noted a previous temporary permit had one reported violation (working on a Saturday) which was resolved. No valid complaints were on file. The permit includes 17 conditions, with expiration set for May 14, 2029, renewable if conditions met. The commission approved unanimously.

• Preliminary Plat No. 2024-03 and Final Plat No. 2024-03 – Clinch Tech Park Subdivision: Presented by Josh Gilbertson of Oak Creek Engineering, the plats formalize existing lots and dedicate roadway right-of-way for a single lot subdivision east of 625 East 1st Street. No new infrastructure is proposed; on-site detention will be reviewed at building permit stage. Staff recommended approval, citing consistency with the comprehensive plan and zoning requirements. The preliminary plat was approved unanimously on a roll call vote. The final plat, which also required a hearing, was approved similarly.

• Younes Center Tenth Addition (Items 7-13): This large project encompasses 73 acres north of Talmadge Street between 10th and 15th Avenues, involving multiple applications presented by Craig Bennett of Miller & Associates. The project includes:

  • Rezoning of a 1.61-acre parcel (Gealy's Addition) from RR-1 to C-2 (Item 7).
  • Future Land Use Map Amendment from General Commercial/Low Density Residential to General Commercial (Item 8).
  • Rezoning of 57.28 acres from AG to C-2 (Item 9).
  • Subdivision Vacation of the existing Gealy's Addition plat (Item 10).
  • Preliminary Plat (Item 11) and Final Plat (Item 12) for Younes Center Tenth Addition.
  • Annexation of 49.3 acres (Item 13).

  Bennett detailed utility extensions, floodway/floodplain constraints, and a master circulation plan including future 16th Avenue extension north across Turkey Creek. Staff found all applications consistent with the comprehensive plan and recommended approval. Commissioner Cochran abstained from votes on items 7, 9, 10, 11, 12, and 13 due to a conflict of interest (Nebraska Land Bank involvement). All items passed with remaining members voting aye.

• Code Amendments (Items 14-17): Melissa Darty-O'Hara presented a set of amendments to the Unified Land Development Ordinance:

  • 2024-02 (Ch. 13): Added definitions for aquaculture, community gardens, and expanded agricultural accessory retail sales.
  • 2024-03 (Ch. 12): Added definition for "aquaponics greenhouse."
  • 2024-04 (Ch. 46): Revised supplemental regulations for agricultural uses and urban farming, clarifying when a conditional use permit is needed.
  • 2024-05 (Table 14-1): Updated the use matrix to reflect where new uses are permitted by right or by conditional use permit (e.g., aquaculture permitted by right in AG, BP, M1, M2; community gardens permitted by right in most districts except M1, M2, BP, and with a CUP in CBD/Urban Corridor).

  Staff highlighted that these changes address past interpretation issues and expand agricultural opportunities in the city. All four amendments were approved unanimously.

• Reports (Item 18): Staff provided an update on ongoing outreach for accessory dwelling units (ADUs), noting a public meeting scheduled for April 22, 2024, from 6-7 p.m. at the Carnegie Public Library with a Zoom option. Feedback so far shows general support for ADUs with appropriate regulations.

Key Outcomes

• Conditional Use Permit No. 2024-02 approved (5-year duration, expires May 14, 2029).
• Preliminary Plat No. 2024-03 for Clinch Tech Park Subdivision approved (final action).
• Final Plat No. 2024-03 for Clinch Tech Park Subdivision approved.
• Rezoning No. 2024-05 (RR-1 to C-2 for 1.61 acres) approved (Commissioner Cochran abstained).
• Future Land Use Map Amendment No. 2024-01 approved.
• Rezoning No. 2024-06 (AG to C-2 for 57.28 acres) approved (Cochran abstained).
• Subdivision Vacation No. 1996-07 approved (Cochran abstained).
• Preliminary Plat No. 2024-04 for Younes Center Tenth Addition approved (Cochran abstained).
• Final Plat No. 2024-04 for Younes Center Tenth Addition approved (Cochran abstained).
• Annexation No. 2024-03 for Younes Center Tenth Addition approved (Cochran abstained).
• Code Amendment No. 2024-02 approved unanimously.
• Code Amendment No. 2024-03 approved unanimously.
• Code Amendment No. 2024-04 approved unanimously.
• Code Amendment No. 2024-05 approved unanimously.
• Adjournment at approximately 10:45 a.m. (estimated from transcript).