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Record of Proceedings

Planning Commission Meeting - September 20, 2024

Planning Commission — Friday, September 20, 2024
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, September 20, 2024
StatusFILED
Video Record
0:00 / 27:56

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:02

Yeah, I think it was color because I've got her head.

0:05

That's my favorite.

0:07

I know.

0:08

Well, that's what I could make.

0:11

It's so easy to say in that.

0:13

Morning, I'm gonna bring the um planning commission meeting to order.

0:19

Uh in accordance with section 8414-12 of the Nebraska revised statutes.

0:24

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

0:30

Uh roll call, please.

0:32

Sorry.

0:33

Here can Scott Pandor here.

0:38

Rickard.

0:39

Here.

0:39

Y'all.

0:39

Here.

0:40

McGinnis.

0:41

Here.

0:42

We have a quorum.

0:43

Uh you all have seen the mat, seen and read the uh minutes of the meeting of uh August 16th.

0:49

A motion in regards to that would be in order.

0:52

Mr.

0:53

Chairman, make a motion to approve the minutes.

0:55

Second.

0:56

Then move the second.

0:57

Is there any additions or corrections?

1:01

Roll call, please.

1:03

Malone.

1:03

All right.

1:04

I Scott Pandor.

1:06

Abstain.

1:06

Cochrane.

1:08

Rickard.

1:09

Y'all.

1:10

McGinnis.

1:12

I uh we have uh two items on our agenda uh broken up into a variety of different pieces along the way.

1:20

Uh if you're going to talk to us, uh we appreciate it when the opportunity comes up that you'll come to.

1:28

We'll get to you here.

1:30

We'd appreciate it if you come up to the podium and give us your name and address.

1:35

Um if you wish to follow the uh meeting, uh the menu the uh agenda is out uh outside the I guess it's on a chair out there someplace.

1:48

So please uh make sure that you come to uh forward and um uh talk with us.

1:55

Uh the first item that we have is um uh for the same parcel of property located at 1122 Avenue B.

2:03

Uh the first part of this is a hearing, uh the both hearings.

2:07

Uh the first is a rezoning number 2024-12 of the application submitted by Lee Fly to rezone District M1 limited and industrial district um P D limited industrial district plan development overlay district.

2:24

And again, that property is L is um 1122 Avenue B.

2:29

The second part of this is then also a hearing on the rezoning for uh plan development plan 2024-12 full to two applicant um again, same applicant uh for um plan district development approval for just uh district M1PD limited industrial district plan development overlay district for the same property.

2:57

Is there someone here who wishes to talk about this?

2:59

Yes, sir.

3:02

Step up step up.

3:05

Thanks for having me.

3:06

My name is Tom Murphy.

3:08

My address is 5695 Schneider Road, Newburgh, Indiana, 47630.

3:16

I'm with a company called Center Point Integrated Solutions, and we represent UPS, uh Leafly and Powers Brown, the architect and uh Kimley Horn, the civil engineers at today's meeting.

3:28

So we're seeking, as you stated, Mr.

3:31

Chairman, a rezoning mainly due to our proposed project uh is gonna require a deviation from the code from a 25-foot setback to a 12 and a half foot setback to accommodate this little building expansion that we're gonna do.

3:52

All right, so this is the existing UPS property, this uh 6800 square foot building that we leased starting back in 1983, sometime later, not sure the date.

4:05

We added this modular uh permanent uh distribution center called MDC to accommodate 14 more of the little brown delivery trucks that go all over around in Carney.

4:17

Then in 2017, we came and requested a temporary Christmas season uh portable distribution center.

4:26

It's got a tongue on it, it can be moved every day, and my understanding is it hasn't moved one day since uh October of 2017.

4:34

So I apologize on behalf of UPS for that, but it doesn't negate the need for having those delivery vehicles.

4:42

So what we've asked to do, this this does encroach right now.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████69%
Procedural████████12%
Community Engagement███████11%
Legal Advice███5%
Transportation Safety██3%
Summary of Proceedings

Planning Commission Meeting - September 20, 2024

The Kearney Planning Commission met on September 20, 2024, at 9:00 a.m. in City Council Chambers. Chairperson Dave Malone called the meeting to order, announced the Open Meetings Act, and roll call was taken with eight members present, constituting a quorum. The meeting addressed two major development items: a rezoning and planned development for a UPS facility, and a multi-step subdivision application for the Woodward 46th Avenue area. Both items were approved unanimously with one abstention on the minutes.

Consent Calendar

  • Minutes of August 16, 2024: Approved 7–0–1 (Melissa Scott-Pandorf abstained).

Public Comments & Testimony

  • Dan Babel (4320 19th Avenue, Kearney): Neighbor to the north of the UPS property expressed support for the proposed improvements but requested that new landscaping not include tall trees that would block visibility when exiting his street. He stated he was otherwise in favor of the project.

Discussion Items

UPS Rezoning and Planned Development (Items 4 & 5 – 1122 Avenue B)

  • Applicant: Lee Fly (G.S.E.-Kearney, owner), represented by Tom Murphy of Center Point Integrated Solutions. The proposal sought to rezone from M-1 (Limited Industrial) to M-1/PD (Planned Development Overlay) and approve a Planned Development Plan for an existing UPS facility. Improvements included replacing a temporary portable distribution center with a permanent 6,800 sq ft modular building on a foundation, new concrete driveways, 130 feet of 8-foot white PVC fencing, landscaping with eight Baroque trees and irrigated grass, relocation of a trash enclosure, and elimination of an unauthorized exit onto a neighbor's driveway. The requested deviation reduced the front yard setback along Avenue A from 25 feet to 12.5 feet. Staff found the plan compatible with the Comprehensive Plan and recommended approval.
  • Commission Action: Rezoning (2024-12) approved unanimously. Planned Development Plan (2024-12, Folder #2) approved unanimously with the noted deviation and increased minimum standards (irrigation and landscaping).

Woodward 46th Avenue Second Subdivision (Items 6–9)

  • Applicant: Buffalo Surveying Corp. (Mitch Humphrey) for owners Marcile M. Woodward (Trustee) and Joel D. Woodward. The four items comprised:
    1. Rezoning 2024-13: Rezone 4.14 acres from AG (Agricultural) to RR-2 (Rural Residential Intermediate Standards).
    2. Subdivision Vacation 2019-14: Vacate Lot 1 of Woodward 46th Avenue Subdivision.
    3. Preliminary Plat 2024-09: Create Lot 1 (5.55 acres, existing house) and Lot 2 (4.14 acres, existing house) with a 40-foot ingress-egress easement across Lot 1 serving Lot 2.
    4. Final Plat 2024-09: Record the subdivision with a 1/3-acre right-of-way dedication along 46th Avenue.
  • Staff Findings: The rezoning matched adjacent RR-2 zoning; lots had individual wells and septic; access was compliant; layout compatible with the area. Staff recommended approval of all items.
  • Commission Action: All four items approved unanimously on separate motions based on staff findings of fact.

Key Outcomes

  • UPS Rezoning (2024-12): Approved 8–0.
  • UPS Planned Development Plan (2024-12): Approved 8–0 with setback deviation and landscaping requirements.
  • Woodward Rezoning (2024-13): Approved 8–0.
  • Subdivision Vacation (2019-14): Approved 8–0.
  • Preliminary Plat (2024-09): Approved 8–0.
  • Final Plat (2024-09): Approved 8–0.
  • Next Steps: Staff announced a virtual MPZA fall workshop on October 11, 2024, and continued work on ADU code updates and a micro-TIF informational session for commissioners. Staff also noted that future application packets will redact sensitive information (e.g., Social Security numbers) from deed documents while retaining them as public records.

Meeting Transcript

Yeah, I think it was color because I've got her head. That's my favorite. I know. Well, that's what I could make. It's so easy to say in that. Morning, I'm gonna bring the um planning commission meeting to order. Uh in accordance with section 8414-12 of the Nebraska revised statutes. A current copy of the open meeting act is available for review and is posted on the meeting room over here. Uh roll call, please. Sorry. Here can Scott Pandor here. Rickard. Here. Y'all. Here. McGinnis. Here. We have a quorum. Uh you all have seen the mat, seen and read the uh minutes of the meeting of uh August 16th. A motion in regards to that would be in order. Mr. Chairman, make a motion to approve the minutes. Second. Then move the second. Is there any additions or corrections? Roll call, please. Malone. All right. I Scott Pandor. Abstain. Cochrane. Rickard. Y'all. McGinnis. I uh we have uh two items on our agenda uh broken up into a variety of different pieces along the way. Uh if you're going to talk to us, uh we appreciate it when the opportunity comes up that you'll come to. We'll get to you here. We'd appreciate it if you come up to the podium and give us your name and address. Um if you wish to follow the uh meeting, uh the menu the uh agenda is out uh outside the I guess it's on a chair out there someplace. So please uh make sure that you come to uh forward and um uh talk with us. Uh the first item that we have is um uh for the same parcel of property located at 1122 Avenue B. Uh the first part of this is a hearing, uh the both hearings. Uh the first is a rezoning number 2024-12 of the application submitted by Lee Fly to rezone District M1 limited and industrial district um P D limited industrial district plan development overlay district. And again, that property is L is um 1122 Avenue B. The second part of this is then also a hearing on the rezoning for uh plan development plan 2024-12 full to two applicant um again, same applicant uh for um plan district development approval for just uh district M1PD limited industrial district plan development overlay district for the same property. Is there someone here who wishes to talk about this? Yes, sir. Step up step up. Thanks for having me. My name is Tom Murphy.

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