Kearney Planning Commission Meeting Summary for December 20, 2024

The Planning Commission met on December 20, 2024, at 9:00 a.m. in the City Council Chambers. The agenda covered three major groups: the Marlatt Fourth Addition (Habitat for Humanity development), the Tech One Fourth Subdivision, and a series of code amendments to the Unified Land Development Ordinance. All proposed items were approved unanimously, with one member (Vice-Chairperson Monte Dakan) absent. The meeting also included a report on Accessory Dwelling Units (ADUs), where staff indicated no current plans to advance ADU code changes.

Consent Calendar

• Minutes: Approved unanimously for the meeting held October 18, 2024.
• Alley Vacation No. 2024-04, Street Vacation No. 2024-03, and Subdivision Vacation No. 1950-075: These three non-hearing items were bundled and approved in a single motion. They vacate alleys, streets, and subdivided lots in Whiteaker’s Grove Addition (east of Avenue M, north of E 17th Street) to facilitate replatting for Habitat for Humanity.

Public Comments & Testimony

• No members of the public came forward to speak during any of the public hearings.

Discussion Items

Marlatt Fourth Addition (Items 4–10)

• Applicant/Representative: Miller & Associates (Craig Bennett) on behalf of Kearney Area Habitat for Humanity, Inc., KDIVER, LLC, EXHUNTING, LLC, and the City of Kearney.
• Overview: A comprehensive proposal to vacate obsolete alleys, streets, and subdivision lots, then rezone and replat the area for a 45‑lot residential subdivision. The project will be built in phases over an estimated 15 years (Habitat builds about three homes per year). The site is located east of Avenue M and north of East 17th Street.
• Future Land Use Map Amendment (2024-05): Changed from Light Industrial (LI) and Low Density Residential (LDR) to all LDR, consistent with the surrounding residential trend.
• Rezoning (2024-16): From R-1 (Urban Residential Single-Family, Low Density) to R-1D (Residential District), which allows slightly smaller lots and duplexes, giving Habitat flexibility.
• Preliminary Plat (2024-11) and Final Plat (2024-11): Approved as presented. The final plat includes two outlots for stormwater detention (Outlot A and Outlot B), 45 residential lots, and retains one existing house on a conforming lot. Infrastructure (water, sewer, stormwater) will be extended in phases; the first phase includes a temporary cul‑de‑sac. The project is in a blight/substandard area and will use Tax Increment Financing (TIF).
• Staff Recommendation: Approval based on consistency with the Comprehensive Plan, compatibility with adjacent uses, and adequate infrastructure.
• Vote: All four items (FLU amendment, rezoning, preliminary plat, final plat) were each approved by separate unanimous votes (7‑0, with Dakan absent).

Tech One Fourth Subdivision (Items 11–13)

• Applicant/Representative: Miller & Associates (Craig Bennett) on behalf of the City of Kearney.
• Overview: A 30+‑acre subdivision south of 56th Street and west of Chase Avenue, intended for continued business park development. The site is adjacent to an MPPD substation, a solar farm, and existing tech park lots.
• Rezoning (2024-15): From BP/PD (Business Park with Planned Development Overlay) to BP (Business Park). The PD overlay was no longer needed because BP regulations have been updated since the original 2011 rezone.
• Preliminary Plat (2024-10) and Final Plat (2024-10): Create four lots in two blocks (one lot on the west side of Butler Avenue Place, three lots on the east side). A 50‑foot right‑of‑way dedication along 56th Street will allow future widening to four lanes. All lots must provide on‑site stormwater detention. An existing city well on Lot 1 will be preserved with an easement.
• Traffic Concerns: Commissioner Yaw questioned the number of access points on 56th Street. Staff noted that no direct drives will be permitted onto 56th Street; all access will be via Butler Avenue Place. Future traffic studies may be warranted as development continues.
• Staff Recommendation: Approval.
• Vote: All three items approved unanimously (7‑0).

Code Amendments (Items 14–17)

• Presenter: Melissa Scott-Pandorf (City Planner).
• Overview: A package of amendments to chapters 12, 13, 14, and 59 of the Unified Land Development Ordinance. Key changes included:
  • Chapter 12 (Definitions): Revised definitions for Conditional Use Permit, Dwelling Unit, Planned Development, Townhouse Structure (units changed from two to three to match Chapter 13), and added a definition for Outlots.
  • Chapter 13 (Use Types): Removed outdated “Two‑Family Residential” term; cleaned up “Convalescent Services” language.
  • Chapter 14 (Use Matrix – Table 14-1): Changed several use types from “PD” (Planned Development) to “CUP” (Conditional Use Permit) for better regulatory control (e.g., auto dealerships, lodging in CBD). Added “General Office” as a conditional use in R‑1D, R‑2, and R‑3 districts, and by right in R‑4. Allowed single‑family attached in commercial districts.
  • Chapter 59 (CUP Procedures): Clarified transfer, sunset clauses, and amendment processes for Conditional Use Permits.
• Staff Recommendation: Approval, noting that changes provide clarity, flexibility, and align with best practices and the Comprehensive Plan.
• Vote: Each of the four code amendments (2024-06, 2024-07, 2024-08, 2024-09) was approved unanimously (7‑0).

Reports (Item 18) – Accessory Dwelling Units (ADUs)

• Melissa Scott-Pandorf reported that after extensive public outreach and evaluation, the City is not pursuing ADU code changes at this time. She cited limited staff bandwidth and a cost‑benefit analysis that showed minimal impact in other communities. She noted that the department will continue to explore other housing solutions, such as the R‑1D district used in the Marlatt project.
• Commissioner John Rickard expressed strong disappointment, stating that ADUs could help residents age in place, generate rental income, and that Kearney is behind peer communities. He urged reconsideration. Staff replied that there is no timeline for revisiting ADUs, but the topic is not permanently closed.

Key Outcomes

• All votes were unanimous (7‑0) with Vice‑Chairperson Monte Dakan absent. The members present were Chairperson Dave Malone, Melissa Scott‑Pandorf, Jeffery Baker, Joey Cochran, John Rickard, Brent Yaw, and Kristi Gargan (listed as McGinnis in transcript).
• Approved items: Minutes, three vacations (alley, street, subdivision), FLU amendment, rezoning, preliminary plat, and final plat for Marlatt Fourth Addition; rezoning, preliminary plat, and final plat for Tech One Fourth Subdivision; four code amendments (2024-06 through 2024-09).
• No action taken on ADUs; staff will provide a summary report but has set no date for further consideration.
• Next steps: The Marlatt project will proceed with infrastructure and phasing; the Tech One subdivision lots will be available for development; code amendments take effect upon city council approval (final action by council is required for code changes).