Moved by Fredrickson and seconded by Malone that the minutes of the May 19, 2017 Planning Commission meeting be approved.

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1 Planning Commission Kearney, Nebraska June 16, :00 a.m. Chairman Dart called to order the City of Kearney Planning Commission meeting in the Council Chambers at 9:00 a.m. on Friday, June 16, The following members were present: Paul Fredrickson, Dave Malone, Jack McSweeney, Stan Dart, Justin Wolf. The following members were absent: Tami Moore, Ed Berglund, Jim McKeon, Richard McGinnis. Paul Brisino, Assistant City Manager and Coelette Gruber, City Planner, were also present. Some of the citizens present in the audience included: John Younes, Jason Godwin, Trenton Snow, Jim Nickman, Jan Brandt, David Brandt, Brent Yaw, Mitch Humphrey and Erika Pritchard from the Kearney Hub. Notice of the meeting was given in advance thereof by publication in the Kearney Hub, the designated method for giving notice, a copy of the proof of publication being filed with these minutes. Advance notice of the meeting was also given to the Planning Commission and availability of the Agenda was communicated in the advance notice. All proceedings hereafter shown were taken while the meeting was open to the attendance of the public. ANNOUNCEMENT Chairman Dart announced that in accordance with Section of the Nebraska Revised Statutes, a current copy of the Open Meetings Act is available for review and is posted on the wall at the back of the Council Chambers. APPROVAL MAY 19, 2017 MINUTES Moved by Fredrickson and seconded by Malone that the minutes of the May 19, 2017 Planning Commission meeting be approved. Roll call resulted as follows: Aye: Dart, Fredrickson, Wolf, McSweeney, Malone. REZONING NO LOT 5, BOA 2 ND SUBDIVISION Chairman Dart opened the public hearing on the application submitted by John and Mervat Younes to rezone from District R-1, Urban Residential Single-Family District (Low Density) to District R-2, Urban Residential Mixed-Density District property described as Lot 5, Boa 2nd Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (south of 34th Street, west of Grand Avenue). John Younes presented this item to the Planning Commission. Mr. Younes stated he is requesting approval to rezone his property from District R-1 to

2 June 16, 2017 Page 2 District R-2 in order to construct a duplex on the lot. There is District R-1 zoning on all sides of the lot except to the west which is zoned District R-2. City Planner stated with a duplex the lot meets or exceeds the minimum lot width and lot area required by City Code for an R-2 lot. R-2 zoning is compatible with the Future Land Use Map which is Medium Density Residential. According to the Comprehensive Plan this development encourages infill housing and the use of an existing lot. Moved by Malone and seconded by Fredrickson the application submitted by John and Mervat Younes to rezone from District R-1, Urban Residential Single-Family District (Low Density) to District R-2, Urban Residential Mixed-Density District property described as Lot 5, Boa 2nd Subdivision, a subdivision to the City of Kearney, Buffalo County, Nebraska (south of 34th Street, west of Grand Avenue) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Fredrickson, Wolf, McSweeney, Malone, Dart. REZONING NO PROPOSED AUBURN OAKS Chairman Dart opened the public hearing on the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, to rezone from District RR-1, Rural Residential District (Rural Standards) to District RR-1/PD, Rural Residential District (Rural Standards)/Planned Development Overlay District property described as a tract of land being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street). This and the next three hearings were discussed together but voted on separately. Trenton Snow presented these items to the Planning Commission. Mr. Snow stated the parcel is acres located east of 46 th Avenue and north of 56 th Street. The property is owned by James Joseph Signature Homes and they are proposing a five lot subdivision. The entrance into the subdivision is off of 56 th Street and will be known as 44 th Avenue Place. There is an ingress/egress easement located on the west side of this parcel. The developer considered using the ingress/egress easement as the street into the property, but the owner of the easement was not interested in selling the ground which is why the developer has to have a cul-de-sac. The cul-de-sac is less than 600 feet off of 56 th Street so a person is able to see from 56 th Street to the end of the cul-de-sac. Lot 3 and Lot 4 do not meet the 200 foot minimum lot width at the setback line as required by Code. In order for Lots 3 and 4 to

3 June 16, 2017 Page 3 have a lot width of 200 feet, the setback line would be pushed back far enough that the topography would not allow the owner to develop those lots. The City suggested the developer rezone the property from RR-1 to RR-1/PD which would allow the developer to request a deviation to the required lot width for Lots 3 and 4. Lot 3 is 41.1 feet short of the 200 foot minimum lot width requirement and Lot 4 is 6.2 feet short of the minimum lot width requirement. Even though the house will be facing 44 th Avenue Place and the rear yard will be to the west, City Code considers the north lot line as the rear yard which requires a 100 foot setback. He believes there is a Code amendment on the Agenda for the Planning Commission to consider changing the rear yard setback in RR-1 zoning districts from 100 feet to 50 feet, but the developer is asking for a deviation of 50 feet to the rear yard setback. The lots will be on private well and septic systems and the lots meet the minimum 3 acre requirement. McSweeney asked where the location of the cul-de-sac would be in relation to the crest of the hill on 56 th Street. He has a concern with people being able to see traffic along 56 th Street. Mr. Snow stated proposed 44 th Avenue Place will be just west of the County s spillway. Jim Nickman with James Joseph Signature Homes stated the County came out to the site and reviewed the location of proposed 44 th Avenue Place; since 44 th Avenue Place is on the crest of the hill they did not have any concerns with the location of the street. Fredrickson asked if City water was available to the area. Mr. Snow stated the existing water transmission main on the south side of 56th Street cannot be utilized for domestic water at this location due to the lack of water pressure that the system currently has in this area. Dart asked if the building envelope for Lot 2 and Lot 5 was sufficient to put a house on that lot. Mr. Snow stated there was sufficient area to build a house on Lot 2. If the Planning Commission grants a 50 foot rear yard setback deviation there will be sufficient area to build a house on Lot 5. City Planner stated according to the Comprehensive Plan this development fulfills a residential need for rural estate properties. According to Land Use Policies LU 2, page 219 of the 2016 Comprehensive Plan, this development establishes and maintains land-use development patterns and densities in the community, that best conform to the desires and needs of the residents and emphasizes improved quality of development and livability for the residents of the community. Fredrickson stated since this is a planned development will the developer have to come to Planning Commission each time they build a house?

4 June 16, 2017 Page 4 City Planner stated if the builder follows Code requirements regarding site regulations and builds within the setbacks shown on the final plat they will not have to come back to Planning Commission for development plan approval. Malone stated there has been some discussion about reducing the number of cul-de-sacs in Kearney. Is the reason for the cul-de-sac in this development due to the fact the developer could not use the easement to the west? City Planner stated at the first DRT meeting it was suggested the developer investigate the possibility of using the 60 foot easement of Dr. Stephens as a secondary access to the property. Since Dr. Stephens was not willing to sell the easement and due to the topography, the only way to develop this parcel is to have a cul-de-sac. The cul-de-sac is less than 600 feet; it is only 515 feet long. The Public Works Department has looked at the length of the cul-de-sac and the location of the access off of 56 th Street and they are comfortable with the vision clearance at this location. Andy Hoffmeister stated he lives west of Lot 1 of proposed Auburn Oaks. He is happy the City is requiring a minimum of three acres for the lots. He does have a concern with access onto 56 th Street. Moved by McSweeney and seconded by Wolf the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, to rezone from District RR-1, Rural Residential District (Rural Standards) to District RR-1/PD, Rural Residential District (Rural Standards)/Planned Development Overlay District property described as a tract of land being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Wolf, McSweeney, Malone, Dart, Fredrickson. PRELIMINARY PLAT NO AUBURN OAKS Chairman Dart opened the public hearing on the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, for the Preliminary Plat for Auburn Oaks, a subdivision being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street). This hearing was discussed during the hearing to rezone property.

5 June 16, 2017 Page 5 Moved by McSweeney and seconded by Wolf the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, for the Preliminary Plat for Auburn Oaks, a subdivision being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street) be approved. *FINAL ACTION* Roll call resulted as follows: Aye: McSweeney, Malone, Dart, Fredrickson, Wolf. FINAL PLAT NO AUBURN OAKS Chairman Dart opened the public hearing on the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, for the Final Plat for Auburn Oaks, a subdivision being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street). This hearing was discussed during the hearing to rezone property. Moved by McSweeney and seconded by Wolf the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, for the Final Plat for Auburn Oaks, a subdivision being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: McSweeney, Malone, Dart, Fredrickson, Wolf. PLANNED DISTRICT DEVELOPMENT PLAN APPROVAL NO AUBURN OAKS PROPOSED Chairman Dart opened the public hearing on the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, for Planned District Development Plan Approval for construction of a subdivision on property to be zoned District RR-1/PD, Rural Residential District (Rural Standards)/Planned Development Overlay District property described as a tract of land being part of the West Half of the Southwest

6 June 16, 2017 Page 6 Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street). This hearing was discussed during the hearing to rezone property. Moved by McSweeney and seconded by Wolf the application submitted by Trenton Snow for James Joseph Signature Homes, LLC, for Planned District Development Plan Approval for construction of a subdivision on property to be zoned District RR-1/PD, Rural Residential District (Rural Standards)/Planned Development Overlay District property described as a tract of land being part of the West Half of the Southwest Quarter of Section 21, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (lying between 4055 West 56th Street and 4345 West 56th Street) be submitted to City Council with recommendation for approval allowing a minimum lot width deviation on Lot 3 of 41.1 feet; a minimum lot width deviation on Lot 4 of 6.2 feet and a rear yard setback deviation of 50 feet for Lot 5. Roll call resulted as follows: Aye: Malone, Dart Fredrickson, Wolf, McSweeney. PARTIAL VACATION NO SHREVE S SUBDIVISION Application submitted by Trenton Snow for Godwin Properties L.L.C., to vacate a tract of land being part of Tract 3 (said part to be vacated) of Shreve s Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska, and any accretions thereto (east of 195 and 215 Avenue M). This and the next three hearings were discussed together but voted on separately. Trenton Snow presented these items to the Planning Commission. Mr. Snow stated this parcel is located in part of Tract 3, Shreve s Subdivision. The parcel has two houses on it; the house located on proposed Lot 1 has quite a few acres to the east. The owner would like to plat two lots where the homes are located and rezone the property to the east and break that parcel off from the two houses. The property where the homes are located are currently zoned R-1 and will not be rezoned. The area the owner is requesting to be rezoned from AG to RR-1 is east of proposed Lot 1 along with 150 feet south into the dinosaur lake. Part of Tract 3, Shreve s Subdivision will have to be vacated in order to create two separate lots where the houses are located. Proposed Lot 1 is 2.02 acres and proposed Lot 2 is 1.20 acres. In the future, the developer wants to build a house on the property to the east that is being rezoned to RR-1. 2 nd Street is being dedicated where the gravel drive is currently located. 2 nd Street will provide access to the parcel to the east. The house located on

7 June 16, 2017 Page 7 proposed Lot 1 uses the gravel drive to access Avenue M. The access for proposed Lot 2 comes directly off of Avenue M. Dart asked if 2 nd Street was the same as Talmadge. Mr. Snow stated originally he named the street Talmadge since it is in alignment with the current Talmadge Street but the City requested the street be renamed to 2 nd Street. City Planner stated the applicant is requesting the approval to rezone the unplatted acres east of the vacated properties from AG to RR-1. Since the property is over 10 acres it does not need to be platted, but it does need to be rezoned because it is less than 20 acres. RR-1 zoning is compatible with the Future Land Use designation of UR, Urban Reserve. There was no one present in opposition to the vacation of property. Moved by Wolf and seconded by Malone the application submitted by Trenton Snow for Godwin Properties L.L.C., to vacate a tract of land being part of Tract 3 (said part to be vacated) of Shreve s Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska, and any accretions thereto (east of 195 and 215 Avenue M) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Dart, Fredrickson, Wolf, McSweeney, Malone. REZONING NO PROPOSED LAKELAND HEIGHTS Chairman Dart opened the public hearing on the application submitted by Trenton Snow for Godwin Properties L.L.C., to rezone from District AG, Agricultural District to District RR-1, Rural Residential District (Rural Standards) property described as part of Lot 3 and part of Tracts 2 and 3, Shreve s Subdivision, located in Section 7, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (east of 195 and 215 Avenue M). This hearing was discussed during the hearing to vacate property. Moved by Wolf and seconded by Malone the application submitted by Trenton Snow for Godwin Properties L.L.C., to rezone from District AG, Agricultural District to District RR- 1, Rural Residential District (Rural Standards) property described as part of Lot 3 and part of Tracts 2 and 3, Shreve s Subdivision, located in Section 7, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (east of 195 and 215 Avenue M) be submitted to City Council with recommendation for approval.

8 June 16, 2017 Page 8 Roll call resulted as follows: Aye: Fredrickson, Wolf, McSweeney, Malone, Dart. PRELIMINARY PLAT NO LAKELAND HEIGHTS Chairman Dart opened the public hearing on the application submitted by Trenton Snow for Godwin Properties L.L.C., for the Preliminary Plat for Lakeland Heights, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Tract 3 (to be vacated) of Shreve s Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska (195 and 215 Avenue M). This hearing was discussed during the hearing to vacate property. Moved by Wolf and seconded by Malone the application submitted by Trenton Snow for Godwin Properties L.L.C., for the Preliminary Plat for Lakeland Heights, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Tract 3 (to be vacated) of Shreve s Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska (195 and 215 Avenue M) be approved. *FINAL ACTION* Roll call resulted as follows: Aye: Wolf, McSweeney, Malone, Dart, Fredrickson. FINAL PLAT NO LAKELAND HEIGHTS Chairman Dart opened the public hearing on the application submitted by Trenton Snow for Godwin Properties L.L.C., for the Final Plat for Lakeland Heights, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Tract 3 (to be vacated) of Shreve s Subdivision, an addition to the City of Kearney, Buffalo County, Nebraska (195 and 215 Avenue M). This hearing was discussed during the hearing to vacate property. Moved by Wolf and seconded by Malone the application submitted by Trenton Snow for Godwin Properties L.L.C., for the Final Plat for Lakeland Heights, an addition to the City of Kearney, Buffalo County, Nebraska for property described as a tract of land being Tract 3 (to be vacated) of Shreve s Subdivision, an addition to the City of Kearney,

9 June 16, 2017 Page 9 Buffalo County, Nebraska (195 and 215 Avenue M) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Wolf, McSweeney, Malone, Dart, Fredrickson. LAND USE MAP AMENDMENT NO PROPOSED PAUL OTTO SECOND SUBDIVISION Chairman Dart opened the public hearing on the application submitted by Buffalo Surveying for Steven Otto for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from Mixed Use 1 to Urban Reserve property described as part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue). This and the next three hearings were discussed together but voted on separately. Mitch Humphrey with Buffalo Surveying presented these items to the Planning Commission. Mr. Humphrey stated this property is located south of the intersection of West 11 th Street and east of 46 th Avenue in the City s two-mile ETJ. The owner would like to rezone approximately acres surrounding Lot 1, Paul Otto Subdivision and plat a one lot subdivision containing 5.75 acres to be known as Paul Otto Second Subdivision; 33 feet of right-of-way will be dedicated along 46 th Avenue. The remaining parcel will have a balance of acres so it does not have to be platted at this time. The City is unable to serve the site with public utilities so the parcel will be served by a private well and septic systems. A portion of the parcel is located in the flood plain and is shown on the preliminary and final plat. McSweeney asked if the gravel road located along the south property line was part of this property. Mr. Humphrey stated the gravel road along the south property line is an easement for the property owner to the south to get access to his house. City Planner stated the Future Land Use designation for this parcel is MU1, Neighborhood Mixed Use which is on the east side of 46 th Avenue. The Future Land Use Map on the west side of 46 th Avenue is UR, Urban Reserve and is compatible with RR-1 zoning. The one lot subdivision meets or exceeds the minimum site area per house unit, minimum lot area, and minimum lot width.

10 June 16, 2017 Page 10 Moved by Malone and seconded by Fredrickson the application submitted by Buffalo Surveying for Steven Otto for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from Mixed Use 1 to Urban Reserve property described as part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: McSweeney, Malone, Dart, Fredrickson, Wolf. REZONING NO PROPOSED PAUL OTTO SECOND SUBDIVISION Chairman Dart opened the public hearing on the application submitted by Buffalo Surveying for Steven Otto to rezone from District AG, Agricultural District to District RR- 1, Rural Residential District (Rural Standards) property described as part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue). This hearing was discussed during the hearing to amend the Land Use Map. Moved by Malone and seconded by Fredrickson the application submitted by Buffalo Surveying for Steven Otto to rezone from District AG, Agricultural District to District RR- 1, Rural Residential District (Rural Standards) property described as part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Malone, Dart, Fredrickson, Wolf, McSweeney. PRELIMINARY PLAT NO PAUL OTTO SECOND SUBDIVISION Chairman Dart opened the public hearing on the application submitted by Buffalo Surveying for Steven Otto for the Preliminary Plat for Paul Otto Second Subdivision, a subdivision being part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue). This hearing was discussed during the hearing to amend the Land Use Map.

11 June 16, 2017 Page 11 Moved by Malone and seconded by Fredrickson the application submitted by Buffalo Surveying for Steven Otto for the Preliminary Plat for Paul Otto Second Subdivision, a subdivision being part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue) be approved. *FINAL ACTION* Roll call resulted as follows: Aye: Fredrickson, Wolf, McSweeney, Malone, Dart. FINAL PLAT NO PAUL OTTO SECOND SUBDIVISION Chairman Dart opened the public hearing on the application submitted by Buffalo Surveying for Steven Otto for the Final Plat for Paul Otto Second Subdivision, a subdivision being part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue). This hearing was discussed during the hearing to amend the Land Use Map. Moved by Malone and seconded by Fredrickson the application submitted by Buffalo Surveying for Steven Otto for the Final Plat for Paul Otto Second Subdivision, a subdivision being part of Government Lot 1, located in Fractional Section 9, Township 8 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (south of 11th Street and east of 46th Avenue) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Fredrickson, Wolf, McSweeney, Malone, Dart. REZONING NO PART OF LOTS 5 AND 6, WEST ADDITION Chairman Dart opened the public hearing on the application submitted by David & Jan Brandt to rezone from District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conversation Overlay District to District R-1/ND-1, Urban Residential Single-Family (Low Density)/Pioneer Park Neighborhood Conservation Overlay District property described as Lot 5 and Lot 6, Block 15, except the West 65 feet of said Lots, West Addition to the City of Kearney, Buffalo County, Nebraska (1920 5th Avenue).

12 June 16, 2017 Page 12 David and Jan Brandt presented this item to the Planning Commission. Ms. Brandt stated they would like to build an addition onto their home and in order to do so they must rezone their property from M-1/ND-1 to R-1/ND-1. City Planner stated R-1 zoning is compatible with the Future Land Use designation of LDR, Low Density Residential. The rezoning will allow an addition to a Pioneer Park neighborhood home and remove the possibility of incompatible M-1 zoning. Moved by Wolf and seconded by Malone the application by David & Jan Brandt to rezone from District M-1/ND-1, Limited Industrial/Pioneer Park Neighborhood Conversation Overlay District to District R-1/ND-1, Urban Residential Single-Family (Low Density)/Pioneer Park Neighborhood Conservation Overlay District property described as Lot 5 and Lot 6, Block 15, except the West 65 feet of said Lots, West Addition to the City of Kearney, Buffalo County, Nebraska (1920 5th Avenue) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Dart, Fredrickson Wolf, McSweeney, Malone. CODE AMENDMENT NO Chairman Dart opened the public hearing on the proposed amendments to the following chapters/sections of the City Code as follows: Table 14-1 Use Matrix of Chapter 14 Zoning District Regulations Agricultural and Residential Types to allow Animal Production in District RR-1, Rural Residential District (Rural Standards) and District RR-2, Rural Residential District (Intermediate Standards) as allowed by Section B. Table 14-1 Use Matrix of Chapter 14 Zoning District Regulations Civic Use Types to allow Day Care Home Services (Limited) as a permitted use in District C-O, Office District and District CBD, Kearney Center Mixed Use District ; to allow Day Care Home Services (General) as a permitted use in District C-O, Office District, District C- 1, Limited Commercial District, District C-2, Community Commercial District, District CBD, Kearney Center Mixed Use District, District C-3, General Commercial District, District BP, Business Park District ; to allow Day Care Centers as a permitted use in District C-O, Office District, District C-1, Limited Commercial District, District C-2, Community Commercial District, District C-3, General Commercial District, District BP, Business Park District and to add Supplemental Regulations C to Day Care Home Services (Limited), Day Care Home Services (General) and Day Care Centers. Section Site Development Regulations of Chapter 16 District RR-1, Rural Residential District (Rural Standards) to reduce the rear yard setback requirements from 100 feet to 50 feet.

13 June 16, 2017 Page 13 Section Site Development Regulations of Chapter 18 District RR-2, Rural Residential District (Intermediate Standards) to reduce the minimum depth of landscaping adjacent to the street right-of-way line (feet) from 50 feet to 40 feet to be consistent with front yard setbacks. Section Site Development Regulations of Chapter 19 District R-1, Urban Residential Single-Family District (Low Density) to add a note identifying Supplemental Regulation E for rear yard setbacks for irregular lots. Section Site Development Regulations of Chapter 30 District BP, Business Park District to delete minimum depth of landscaping adjacent to street rightof-way line (feet) and add language minimum off-set of building for every 100 feet of horizontal distance for building articulation to correct misprint. Section Supplemental Use Regulations; Agricultural Uses, Subparagraph B, Keeping Animals in Residential Zoning Districts of Chapter 46 Supplemental Use Regulations to delete the following language: provided that any building housing such animals shall be at least 50 feet from any property line and 25 feet from any dwelling unit on the site and no barn or stable shall be located closer than 50 feet to any dwelling unit on the site or 50 feet from any property line, or 25 feet from any dwelling unit on the site to remove conflicting accessory building setbacks. Section Supplemental Use Regulations; Civic Uses, Subparagraph C, Day Care Homes Services and Day Care Centers of Chapter 46 Supplemental Use Regulations to delete the language pertaining to item number 2 and item number 3 regarding Day Care Home Services (General) and Day Care Centers to remove conflicting parking requirements and identify section with parking requirements. Section Accessory Buildings of Chapter 47 Supplemental Development Regulations as it pertains to setbacks and general requirements for building construction in District RR-1, Rural Residential District (Rural Standards) and District RR-2, Rural Residential District (Intermediate Standards). Section Schedule of Off-Street Parking Requirements of Chapter 49 Off-Street Parking to amend Table 49-1: Minimum Off-Street Parking Requirements deleting language pertaining to Day Care Services, adding language pertaining to Day Care Home Services (Limited and General) requiring 2 off-street parking spaces and adding language pertaining to Day Care Centers to require 1 parking space per 300 square feet of building. Coelette Gruber, City Planner, presented this item to the Planning Commission. City Planner stated the proposed code amendments remove inconsistencies within the code. Animal production in R-1 and R-2 zoning districts is allowed in the supplemental use regulations but it was omitted in the use matrix in Chapter 14. Allowing animal production in RR-1 and RR-2 zoning districts has been added to the use matrix in Chapter 14. Currently, Day Care Home Services and Day Care Centers are only allowed in commercial zoning districts with a Conditional Use Permit. The negative effects of a day care use type in commercial zoning districts can be mitigated with screening and parking regulations. The proposed code amendment allows Day Care Home Services

14 June 16, 2017 Page 14 and Day Care Centers as permitted by right with supplemental regulations in districts C- O, C-1, C-2, C-3, CBD, and BP. There is also a conflict with parking requirements for daycare services and daycare centers. There are different parking requirements for daycare services and daycare centers in the supplemental use regulations than what is being shown in the off-street parking matrix. The City looked at surrounding communities to see what they required for parking and took the median of the surrounding communities. Instead of determining the amount of parking required by the number of children, parking requirements will be required by the size of the building. The State determines the number of children allowed by the size of the facility. City Planner stated the Board of Adjustment has granted five setback variances in RR-1 and RR-2 zoning districts over the last year. RR-1 and RR-2 zoning districts are often found within the 2-mile ETJ and outside the city limits. Pre-existing lots, topography and water is at times a restraint to rural residential development. The proposed code amendments allow a reduction in the building setbacks in RR-1 and RR-2 districts and remove inconsistency between site regulation tables, supplemental use regulations, and accessory building supplemental development regulations. Section reduces the minimum depth of landscaping adjacent to the street right-of-way line from 50 feet to 40 feet to be consistent with front yard setbacks in RR-2 zoning districts. Section moves the note identifying Supplemental Regulation E for rear yard setbacks for irregular lots to Chapter 19. Section deletes minimum depth of landscaping adjacent to street right-of-way line and adds language minimum off-set of building for every 100 feet of horizontal distance for building articulation to correct a misprint. Section deletes the language pertaining to item number 2 and item number 3 regarding Day Care Home Services (General) and Day Care Centers to remove conflicting parking requirements and identify the section of the code pertaining to parking requirements. Section amends Table 49-1 and deletes language pertaining to Day Care Services, adding language pertaining to Day Care Home Services (Limited and General) requiring 2 off-street parking spaces and adding language pertaining to Day Care Centers to require 1 parking space per 300 square feet of building. Moved by McSweeney and seconded by Fredrickson the application to amend Table 14-1 Use Matrix of Chapter 14 Zoning District Regulations Agricultural and Residential Types ; Table 14-1 Use Matrix of Chapter 14 Zoning District Regulations Civic Use Types ; Section Site Development Regulations of Chapter 16 District RR-1, Rural Residential District (Rural Standards) ; Section Site Development Regulations of Chapter 18 District RR-2, Rural Residential District (Intermediate Standards) ; Section Site Development Regulations of Chapter 19 District R-1, Urban Residential Single-Family District (Low Density) ; Section Site Development Regulations of Chapter 30 District BP, Business Park District ;

15 June 16, 2017 Page 15 Section Supplemental Use Regulations; Agricultural Uses, Subparagraph B, Keeping Animals in Residential Zoning Districts of Chapter 46 Supplemental Use Regulations ; Section Supplemental Use Regulations; Civic Uses, Subparagraph C, Day Care Homes Services and Day Care Centers of Chapter 46 Supplemental Use Regulations ; Section Accessory Buildings of Chapter 47 Supplemental Development Regulations ; Section Schedule of Off-Street Parking Requirements of Chapter 49 Off-Street Parking be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Fredrickson, Wolf, McSweeney, Malone, Dart. ADOPTION OF THE KEARNEY HOUSING STUDY AS PART OF THE KEARNEY COMPREHENSIVE PLAN Paul Briseno, Assistant City Manager, presented this item to the Planning Commission. Assistant City Manager stated last month RDG presented the housing study to the Planning Commission and gave an opportunity for additional input from the Planning Commission as well as the general public. This month the City is requesting the Planning Commission approve the housing study to be part of the Comprehensive Plan which will then go to City Council for their approval. Three pages have been added to the housing study since the last Planning Commission meeting and are located in the appendix. The housing study will be a lot like the Comprehensive Plan. The City Planner notes how a development meets the objectives of the Comprehensive Plan in the Planning Commission memos; the Planning Commission memo will also note how the development meets the intention of the housing study. The housing study will also be included in a lot of the decisions the City makes with code changes and policy changes. He believes the study was well done but does believe there are some areas of opportunities that could have been expanded and there might have been some areas that were lacking. Dart asked what areas the Assistant City Manager sees as having been somewhat deficient or less than expected. Assistant City Manager stated he always comes from a fiduciary standpoint so he would have loved to see the actual impact of housing to the City in general. The assisted living facility that was just approved by City Council is going to add approximately 125 jobs and the Veteran s Home will add more jobs; the increases in housing impacts the City with regard to service and infrastructure. Is the City getting a good return on the type of development that is coming to Kearney? McSweeney asked what a manufactured dwelling was. City Planner stated the definition of a manufactured home dwelling is a factory built single-family dwelling structure which is to be used as a place for human habitation,

16 June 16, 2017 Page 16 which bears a label certifying that it was manufactured or constructed in compliance with National Manufactured Home Construction and Safety Standards, 24 C.F.R et seq., promulgated by the United States Department of Housing and Urban Development, or a modular housing unit as defined in Section of the Nebraska Revised Statutes bearing a seal in accordance with the Nebraska Uniform Standards for Modular Housing Units Act, and which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than to a permanent site, does not have permanently attached to its body or frame any wheels or axels, and which complies with the following architectural and aesthetic standards listed below. For the purpose of any of these regulations, manufactured home shall be considered the same as a single-family detached dwelling. McSweeney asked if manufactured home could be a tiny home. City Planner stated a tiny house could be a manufactured home but there are size standards according to building code. Malone stated he believes in order to take advantage of the housing study and the ideas that were presented in Chapter 4, it will take a very skilled person to be the coordinator. It will take a person that has a rapport with the City, with realtors, with developers and with lenders and can pick out the best ideas and go to the people that will actually be implementing the development. Assistant City Manager believes a lot of the ideas presented in the housing study can be implemented incrementally. Wolf stated he does not believe the housing study will be implemented without the City being the driving force; the City will need to be the organizer of implementing the housing study. Chairman Dart stated he hopes once the City Council adopts the housing study the Council will create a commission who is charged with bringing together public and private entities and within a specific time frame have that commission identify the things they agree on to move forward to put the housing study in process. Moved by Malone and seconded by McSweeney the adoption of the Kearney Housing Study as part of the Kearney Comprehensive Plan be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Wolf, McSweeney, Malone, Dart, Fredrickson.

17 June 16, 2017 Page 17 PRESENTATION BY THE FIRE DEPARTMENT Terry Eirich, Fire Inspector, gave an overview of the Fire Department s operations to the Planning Commission. REPORTS/COMMENTS FROM BOARD MEMBERS ADJOURNMENT Moved by Fredrickson and seconded by Wolf that the meeting be adjourned. Roll call resulted as follows: Aye: McSweeney, Malone, Dart, Fredrickson, Wolf. Nancy Eckhoff Recording Secretary