Planning Commission Kearney, Nebraska 9:00 a.m. Chairman Ganz called to order the City of Kearney Planning Commission meeting in the Council Chambers at 9:00 a.m. on Friday,. The following members were present: Jim Ganz Jr., Paul Fredrickson, Robert Cunningham, John Lowe, Jim McKeon, Andrew Williams. Stan Dart arrived at 9:02 a.m. and Steve Homan arrived at 9:07 a.m. The following member was absent: Jack McSweeney. Suzanne Brodine, Assistant City Manager/Development Services Director and Lance Lang, City Planner were also present. Some of the citizens present in the audience included: Dave Starostka, Mike Kennedy, Paul Brungardt, Donnie Franzen, Richard Stacy, Tom Henning, Chad Henning, Dan Schulte, Stan Johnston, Kent Cordes, Dave Behle, Crystal Winkler, JoAnn Englert, Collette Gruber, Mary Jane Skala from the 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 Ganz announced that in accordance with Section 84-1412 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 FEBRUARY 15, 2013 MINUTES Moved by Fredrickson and seconded by Williams that the minutes of the February 15, 2013 Planning Commission meeting be approved. Roll call resulted as follows: Aye: Williams, Cunningham, Fredrickson, Lowe, Ganz, McKeon. Absent: McSweeney, Dart, Homan. Motion carried. PARTIAL VACATION NO. 1962-01 MIDWAY INDUSTRIAL DISTRICT Application submitted by Stan Johnston (Applicant) for Baldwin Filters, Inc. (Owner) to vacate property described as a tract of land comprised of Tract B, Midway Industrial District, a subdivision being part of the North Half of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (4400 East Highway 30). This and the next item were discussed together but voted on separately. The two items before the Planning Commission for this applicant are basically house-keeping in nature, or perhaps a better way to describe it is cleaning up some paperwork. In 2008 Baldwin Filters and the City negotiated an agreement to facilitate a major expansion of the Baldwin facility in Kearney. The City owned property to the east of the existing plat and a subdivision was prepared to transfer ownership of approximately 20 additional acres to Baldwin which also entailed relocating some utilities and relocating Airport Road further to the east to its current configuration. Then, unfortunately, the economic downturn became a significant factor in delaying further progress. Because the project was on-hold the Final Plat was never filed at
Page 2 that time. In late 2012, when the applicant attempted to file the plat the Register of Deeds found what she determined to be errors on the plat and would not accept it without some modifications. One of her concerns had to do with the vacation of the pre-existing subdivision and also some of the text on the plat document needed to be revised. The revisions have been made and the Register of Deeds has reviewed the documents to verify that the changes are correct. Therefore, the applicant is requesting vacation of the existing tract known as Midway Industrial Tract B and also requesting approval of the Final Plat for Baldwin Subdivision. Vacation Tract B of Midway Industrial Tract, which was originally platted in 1962, is to be vacated so that the land can be recognized as a new subdivision to be known as Baldwin Subdivision. Final Plat The final plat for this property combines the existing and new land into one 61.88 acre lot. The plat has been revised as previously discussed, changes have been reviewed by the Register of Deeds, and consequently, the plat is ready to be filed with the Register of Deeds pending approval by the Planning Commission and City Council. This property is not in the City limits at this time but will be annexed in the future as set forth in the existing development agreement between the City and Baldwin. Stan Johnston from Baldwin Filters presented these items to the Planning Commission. Mr. Johnston stated in 2007 Baldwin Filters began looking into expanding their manufacturing and distribution operations. In 2008 Baldwin Filters negotiated a land acquisition and exchange with the City of Kearney in order to expand their facility to the east. In the fall of 2008 the economic crisis hit and Baldwin Filters put their expansion plans on hold with full intention of expanding as soon as the economy recovered. The plat was never filed with the Register of Deeds when it was approved in 2008. When Baldwin s attempted to file the plat, the Register of Deeds wanted Tract B vacated and also wanted some of the text on the plat document revised. Since the plat was not filed within the required time frame, Baldwin s need approval from Planning Commission and City Council to vacate Tract B of Midway Industrial District and Final Plat approval for Baldwin Subdivision. Moved by Williams and seconded by McKeon that the application submitted by Stan Johnston (Applicant) for Baldwin Filters, Inc. (Owner) to vacate property described as a tract of land comprised of Tract B, Midway Industrial District, a subdivision being part of the North Half of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (4400 East Highway 30) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Williams, Dart, Cunningham, Fredrickson, Lowe, Ganz, McKeon, Homan. Nay: None. Absent: McSweeney. Motion carried. FINAL PLAT NO. 2008-17 PROPOSED BALDWIN SUBDIVISION Chairman Ganz opened the public hearing on the application submitted by Stan Johnston (Applicant) for Baldwin Filters, Inc. (Owner) for the Final Plat for Baldwin Subdivision of Buffalo County, Nebraska for property described as a tract of land comprised of Tract B, Midway Industrial District (to be vacated), and part of the North Half of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (4400 East Highway 30).
Page 3 This item was discussed during the hearing to vacate property. Chairman Ganz closed the hearing. Moved by Williams and seconded by McKeon that the application submitted by Stan Johnston (Applicant) for Baldwin Filters, Inc. (Owner) for the Final Plat for Baldwin Subdivision of Buffalo County, Nebraska for property described as a tract of land comprised of Tract B, Midway Industrial District (to be vacated), and part of the North Half of Section 33, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (4400 East Highway 30) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Dart, Cunningham, Fredrickson, Lowe, Ganz, McKeon, Homan, Williams. Nay: None. Absent: McSweeney. Motion carried. PLANNED DISTRICT DEVELOPMENT PLAN APPROVAL NO. 2007-15 MIDLAND MOLDING Chairman Ganz opened the public hearing on the application submitted by Midland Molding (Applicant) for Wendell Dubbs (Owner) for Planned District Development Plan Approval for the construction of offices/production/warehouse on property zoned District M-1/PD, Limited Industrial/Planned Development Overlay District for property described as Lot 1, Northeast Industrial Sixth Subdivision, a subdivision being part of the Northeast Quarter of the Northwest Quarter in Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (3209 East 39th Street). The applicant is requesting approval of Development Plans for an industrial business on 39th Street just east of the City Recycling Center. The property is zoned M-1/PD. The Planned District Overlay requires a Development Plan Package. Midland Molding is going to build a 40,000 square foot building (125 feet by 320 feet) east of the Recycling Center and Box Butte Avenue. Following is a summary of the proposed project: Box Butte Avenue is platted at this location but has not been constructed. City Code requires Box Butte Avenue to be paved the length of the property to the property line on the south side. Unfortunately, utilities are not ready to go in at this time and under normal circumstances the City would like to install water and sewer at the same time as the paving since these utility lines are typically located under the street pavement. As a compromise the City is requesting an eight-inch water main be installed on the west side of Box Butte Avenue within the public right-of-way extending south to the south lot line. A 16 inch diameter water main is available in 39th Street. Future sanitary sewer will be installed on the east side of Box Butte Avenue. Sanitary sewer is available near the northwest corner of Lot 1, Northeast Industrial Second Subdivision. There is a 25-foot building setback line along the east side of the street which will provide adequate room to accommodate the sewer main and required landscaping in the future when combined with the property within the public right-of-way. To allow for this future construction, street trees along the east side of Box Butte Avenue shall be delayed until after the sewer is installed and any fencing along the east side of the street shall be no closer to the street than the 25-foot setback line. Detention will be in the southeast corner of the lot draining into the existing drainage easement going east. Detention calculations are required at the time of building permit. Street trees of a deciduous canopy species with a minimum size of two-inch caliper are required for the entire length of the 39th Street frontage. Nineteen (19) trees are shown
Page 4 on the site plan along 39th Street. A minimum 10-foot wide grass strip along the street frontage is required with the tree plantings. Irrigation is not required in an M-1 zoning district but is suggested in order to keep the trees alive because if the trees die they have to be replaced. There may be a shared access drive in the future for the property owner to the east to share with this lot. The Fire Code requires a fire hydrant within 600 feet of all buildings that are equipped with fire sprinkler systems. Trash service will be provided by the City. A Development Agreement will be prepared addressing the future utility concerns. Upon review of the plans staff requests the following additional information: a) A 200-foot radius map indicating all improvements within 200 feet including adjacent zoning districts and land uses. b) A Landscape Schedule depicting the quantity, species and cultivar, and size of the proposed trees. The trees along Box Butte Avenue shall be shown in a manner that designates them for future installation as opposed to the 39th Street trees which shall be installed with the initial building permit, or a note pertaining to this issue shall be provided on the plans. c) Proposed trash enclosure locations shall be shown on the plans. Michael Kennedy from Mudd Jockies presented this item to the Planning Commission. Mr. Kennedy stated Midland Molding is proposing a 40,000 square foot building which is 125 feet by 320 feet and will be located just east of the Recycling Center and Box Butte Avenue. The majority of the building will be warehouse but will also have a production and office area. The front of the building will have brick veneer wainscoting. Homan asked what the developer was going to do since water and sewer are not ready to go in at this time. City Planner stated generally the City likes to install water and sewer at the same time as the paving but utilities are not ready to go in at this time. Box Butte Avenue will be paved the length of the property to the property line on the south side of this parcel at this time. There will be an easement on the west side of Box Butte for a water line and an easement on the east side of Box Butte for sanitary sewer when it becomes available. In the interim, a 16 inch water main is available in 39th Street and sanitary sewer is available near the northwest corner of Lot 1, Northeast Industrial Second. The development will have a force main so sewer can be provided to the building. There is a Subdivision Agreement and Infrastructure Agreement which will cover all of the utility issues. The trees on the east side of Box Butte will not go in at this time because the City does not want to take the trees out when the utilities go in. The developer will plant the trees along 39th Street and there may be a shared access drive in the future for the property owner to the east to share with this lot. Detention will be in the southeast corner of the lot draining into the existing drainage easement going east. Chairman Ganz asked if the shared access was part of the Subdivision Agreement. Mr. Kennedy stated the shared access is addressed in the Subdivision Agreement and it is also on the Deed. Chairman Ganz asked if the City was going to share the cost of paving Box Butte Avenue.
Page 5 City Planner stated the City will pay for half of Box Butte Avenue and the developer will pay half. Cunningham asked if the developer was aware of the City s request for a 200-foot radius map, a landscape schedule and proposed trash enclosure locations be shown on the plans. Mr. Kennedy stated the trash enclosure is shown on the plans. City Planner stated the developer can work with the Utility Department to make sure the trash enclosure is located where they would like it. The trees are shown on the plans but the City needs a Landscape Schedule depicting the quantity, species and cultivar, and size of the proposed trees. All Planned Districts are required to provide a 200-foot radius map. The easiest way to provide a 200-foot radius map is to go to the City s website and then at each corner of the property indicate where 200 feet around the property is. Chairman Ganz closed the hearing. Moved by Cunningham and seconded by Homan that the application submitted by Midland Molding (Applicant) for Wendell Dubbs (Owner) for Planned District Development Plan Approval for the construction of offices/production/ warehouse on property zoned District M-1/PD, Limited Industrial/Planned Development Overlay District for property described as Lot 1, Northeast Industrial Sixth Subdivision, a subdivision being part of the Northeast Quarter of the Northwest Quarter in Section 32, Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (3209 East 39th Street) be submitted to City Council with recommendation for approval provided the following items are addressed prior to the City Council meeting: a) A 200-foot radius map indicating all improvements within 200 feet including adjacent zoning districts and land uses; b) A Landscape Schedule depicting the quantity, species and cultivar, and size of the proposed trees. The trees along Box Butte Avenue shall be shown in a manner that designates them for future installation as opposed to the 39th Street trees which shall be installed with the initial building permit, or a note pertaining to this issue shall be provided on the plans; c) Proposed trash enclosure locations shall be shown on the plans. Roll call resulted as follows: Aye: Cunningham, Fredrickson, Lowe, Ganz, McKeon, Homan, Williams, Dart. Nay: None. Absent: McSweeney. Motion carried. PLANNED DISTRICT DEVELOPMENT PLAN APPROVAL NO. 2008-08 CASH-WA Chairman Ganz opened the public hearing on the application submitted by Miller & Associates (Applicant) for Cash-Wa Distributing Co., Inc. (Owner) for Planned District Development Plan Approval for the construction of a freezer addition on property zoned District M-1/PD, Limited Industrial/Planned Development Overlay District for property described as Lot 1 of Block One, Cash-Wa Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (615 West 4th Street). The applicant is requesting approval of Development Plans for expansion of the existing Cash- Wa freezer warehouse located west of the main building. The property is zoned M-1/PD. Older parts of the Cash-Wa campus, including the main building, are not in the planned overlay area and are zoned straight M-1. Ultimately there are plans to add more warehousing space to the main building, relocate truck and trailer parking, and revise some access and circulation routes, but those changes are not part of this application and will not come before Planning Commission in the future since that area of the campus is straight M-1 zoning.
Page 6 With this project, the applicant is proposing a 69,830 square foot building addition on the north side of the existing free-standing refrigerated warehouse. In essence the proposed addition provides about double the enclosed refrigerated space as the existing building. The addition is split into two equal halves with the southern half that abuts the existing building reserved for freezer space while the northern half will be used as refrigerated space until renovations to the main campus building will allow all frozen inventory to be stored in the freestanding building and the north half will be converted to full time freezer use. Site development requirements such as stormwater detention and landscaping were designed and implemented when the freezer building was constructed and are already in place. The proposed and existing buildings are well set back from property lines and screening and buffering are accounted for. Some new concrete must be poured to complete the parking and circulation area around the new addition. Staff noted that there are no proposed lights shown for parking, street lights or security. The City Code requires sharp cut-off, shielded, downcast fixtures that do not negatively impact the neighboring properties. Staff requests the applicant to address the lighting issue with Planning Commission. Planning Commission may request a lighting plan be prepared prior to the City Council hearing to ensure the lighting issues are adequately addressed. Richard Stacy from Miller and Associates presented this item to the Planning Commission. Mr. Stacy presented a PowerPoint showing the vicinity map, zoning map, 200 foot radius map, floor plan, elevations, site and landscape plan, utilities, site grading and drainage plan and erosion and sediment control plan to the Planning Commission. Mr. Stacy stated the freezer addition will be located on the north side of the existing freezer building that was developed approximately three years ago. Eventually Cash-Wa will move all of the cold storage from the original building to the freezer warehouse. The property where the freezer addition is located is zoned M-1/PD, but the main building located to the east is straight M-1 zoning and will not require development plans. The exterior of the building will match the existing freezer warehouse. The landscaping is all in place and was done with the original development. Mr. Stacy stated the City s comments indicate there are no proposed lights shown for parking, street lights or security and asked what the City s concern was regarding the lighting. City Planner stated the City s concern is basically to protect the neighbors adjacent to this development because, for security purposes, larger industrial developments have lighting that can be intrusive to the neighborhood. Also, the City wondered if there was any lighting proposed to go in to the north or west of this development. Dart asked if the current lighting system Cash-Wa has, even though it deviates from what was originally planned, met the concerns the City had. Also, have there been any complaints from the neighbors regarding the lighting? City Planner stated there have not been any complaints with regard to the lights at Cash-Wa. He does not believe the City noticed the lighting that is noted on the plan; he believes they thought there was no lighting shown on the plans. The City just wanted the developer to understand that lighting could be a concern to the neighborhood.
Page 7 Mr. Stacy stated the existing lighting fixtures comply with Code; they are the sharp cut-off lighting fixtures. The lighting was actually kept to a minimum so it would not be intrusive to the neighbors. There are a couple of exit lights that are required by Code and they are attached to the building and are strictly to light the exit. There is no lighting on the north side. This lighting will be kept to a minimum because of energy use and the development does not need a lot of security lighting because it is entirely fenced in. Fredrickson voiced a concern with regard to employee parking. Mr. Stacy stated the developer has met Code with regard to the number of parking spaces for the development. Homan asked Mr. Stacy to address the berm and how stormwater runoff will flow because of the berm. Mr. Stacy stated every lot to the north of this development has a pipe in their backyard that goes through the berm into the drainage swale. He does not believe there has ever been a complaint from the neighbors with regard to stormwater backing up into their backyards. Chairman Ganz asked City Planner if he was aware of any complaints from the neighbors regarding stormwater runoff. City Planner stated a few years ago there were some issues with flooding but that is when this developer put the pipes in and reshaped the berm. There has not been a problem since the pipes were installed. Chairman Ganz closed the hearing. Moved by Homan and seconded by Williams that the application submitted by Miller & Associates (Applicant) for Cash-Wa Distributing Co., Inc. (Owner) for Planned District Development Plan Approval for the construction of a freezer addition on property zoned District M-1/PD, Limited Industrial/Planned Development Overlay District for property described as Lot 1 of Block One, Cash-Wa Second Addition, an addition to the City of Kearney, Buffalo County, Nebraska (615 West 4th Street) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Fredrickson, Lowe, Ganz, McKeon, Homan, Williams, Dart, Cunningham. Nay: None. Absent: McSweeney. Motion carried. VACATION NO. 2011-12 EASTBROOKE THIRTEENTH Application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) to vacate Lot 1, of Block 1, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive). This and the next four items were discussed together but voted on separately. The applicant is requesting approval to vacate portions of an existing subdivision and replat the area into the next phase of residential neighborhood generally known as Eastbrooke. This phase of Eastbrooke includes both single-family homes and duplexes. The developer had originally planned the northwest corner of the intersection of 56th Street and Eastbrooke Drive
Page 8 for R-2 development, then rezoned it to R-3/PD for multi-family apartments, but now would like to go back to an R-2 duplex project at this location. The adjacent area to the north was preliminary platted into single-family R-1 type lots and the preliminary plat is still valid. The duplex development will consist of condominium style ownership with common areas in shared ownership. With this phase of development, the final section of Eastbrooke Drive will be paved from the terminus of the existing paving south to 56th Street replacing the gravel-based emergency access road that exists there now. Vacation Lot 1 of Block 1, Eastbrooke Thirteenth containing some 5.11 acres is the subject of the vacation request. The applicant would like to combine this property with some of the surrounding property that was subdivided as approved on the preliminary plat and replat the combined total containing 32 lots on 18.71 acres into a proposed subdivision to be known as Eastbrooke Fourteenth, an addition to the City. Rezoning Current zoning of the property is R-3/PD and AG. Rezoning to R-2/PD and R-1 is required. The planned zoning district is required because the developer is proposing private streets (drives) through the duplex development as shown in Road Lot A. This property is designated for Mixed Use 1 on the Future Land Use Map of the City of Kearney Comprehensive Development plan so no amendment is required. Subdivision Plats Eastbrooke Fourteenth as proposed consists of: 29 R-1 lots. A 6.5 acre tract platted as Lots 1, 2, 3 of Block 4 that will contain 13 duplex buildings, 2 single-family homes, all served by a private road system contained in Road Lot A. One additional R-2 lot, approximately 90 x 150 feet. Paving of 58th Street eastward to Eastbrooke Drive Paving of Eastbrooke Drive from Eastbrooke 9th Addition south to 56th Street. The Preliminary Plat was previously approved as was a Public Works Plan for overall Eastbrooke subdivisions. 29 single-family lots are proposed north of 58th Street. Lots 1 3, Block 4 consists of about 6.5 acres that will accommodate the 13 duplex buildings, 2 singlefamily homes, and Road Outlot A. Lot 4, Block 4 is the single R-2 lot south of 58th Street which will likely end up with a single-family home instead of a duplex, although either could be constructed by right in R-2 zoning. A new combined Public Works Plan has been submitted to demonstrate feasibility of serving the duplex area with infrastructure and utilities. Brungardt Engineering has prepared the PW Plan for the duplex project while Miller & Associates is designing the public improvements to serve the remainder of the development located within the platted street right of-ways. The two engineering firms are coordinating the utility layout. A Developer Constructed Infrastructure Agreement will be required for the water and sanitary sewer for the duplex development. City sanitary sewer, water, and storm sewer for the duplex development will be located within a dedicated easement shown as Road Lot A. A separate Developer Constructed Infrastructure agreement will be required for the water, sanitary sewer, paving and storm sewer within the platted street right of ways. All city utilities and infrastructure in street right-of-ways will be installed under Developer Constructed Infrastructure provisions for both the R-1 and R-2 areas, although 59th Street paving, water and sanitary sewer will be delayed to a future date. A Subdivision Agreement will also be required.
Page 9 Avenue T will be extended to Eastbrooke Drive at this time while Avenue U will be extended approximately the length of one additional lot. 59th Street paving will be delayed to a future date and 58th Street will continue east in the future. Sanitary Sewer Connection fees relative to Sewer Connection District 2001-1 in the amount of $34.51 per foot for 78 feet of frontage in Lot 1, Block 6 totaling $2,691.78 must be paid before connecting to the sanitary sewer system. Annexation All City services are available to the property and the property is contiguous to the city limits. Therefore, this subdivision shall be annexed as an addition to the City of Kearney. Development Plans. A site plan of the duplex area is part of the development plan package. The key components of the project include: The duplex units are set back 25 feet from Road Lot A and a minimum of 30 feet from rear property lines. There are 28 guest parking spaces scattered throughout the duplex development in seven locations. The entry into the duplex development from Eastbrooke Drive is approximately 150 feet north of 56th Street. Road Lot A contains a 25-foot wide paved private drive and also serves as an easement for City utilities. Eastbrooke Drive will feature center medians with landscaping and there will be an Eastbrooke sign and a gazebo where Eastbrooke Drive connects to 56th Street mirroring the same entry statement that was created at Avenue N and Eastbrooke Drive to the northwest. The duplex units will have basements and each will have a two-car attached garage. An eight-foot wide hike/bike trail with two-foot shoulders is required along the 56th Street frontage in conformance with the trails master plan. There are no landscaping requirements in an R-2 zoning district even though Landscape Plans are generally required as part of the Development Plan submittal. Staff requests a Landscape Master Plan for the file in the future, perhaps during building permit phase. An association of owners shall be established and a Home Owners Association (HOA) agreement shall be filed at the Register of Deeds office. All common areas shall be maintained by the developer or the HOA, including landscaping within the duplex development and in public areas, such as the roadway medians. Detention will be towards the north-central part of the duplex development. Lot 1, Block 2 is questionable as to whether the lot provides enough space to build a house once all setbacks are accounted for. This lot and the adjoining lots may need to be reconfigured. Kent Cordes with Miller and Associates presented these items to the Planning Commission. Mr. Cordes stated the property is located east of the currently platted Eastbrooke Subdivision. Eastbrooke Thirteenth is part of this proposed subdivision and the developer is asking that it be vacated and replatted as part of Eastbrooke Fourteenth. The Future Land Use Map shows the area to be Medium Density Residential and Mixed Use 1. The developer is asking that the condominium development be rezoned to R-2/PD and Lots 1 through 3 of Block 1; Lots 1 through 5 of Block 2; Lots 1 through 13 of Block 3; Lots 1 through 7 of Block 5; and Lot 1 of Block 6 be rezoned to R-1. The Final Plat consists of 29 single-family lots and 4 lots zoned R-
Page 10 2/PD which is where the condominium project will be located. Lot 4 of Block 4 is proposed to be a single-family dwelling or a duplex. Mr. Cordes stated the Public Works Plan was approved at the time the Preliminary Plat was approved and showed the Planning Commission where the water and sewer would be located and explained how the lots would be served. Paul Brungardt with Brungardt Engineering explained the Public Works Plan and Landscape Plan for the condominium project to the Planning Commission and showed them the building elevations for the single-family dwellings and duplexes. McKeon asked if the easements that were on Eastbrooke Eighth and Eastbrooke Thirteenth would remain in the same location. Mr. Brungardt stated those easements will remain in the same location as originally platted. Chairman Ganz stated the comments from the City indicate an 8 foot wide hike/bike trail is required along 56th Street. Mr. Brungardt stated the developer shows the hike/bike trail on the Public Works Plan and Landscaping Plan and they will extend the 8 foot wide hike/bike trail across 56th Street to Eastbrooke Drive. McKeon asked if street lighting had been addressed. Mr. Brungardt stated they have addressed the street lighting and it is shown on the Public Works Plan. City Planner stated Lot 1 of Block 2 is questionable as to whether the lot provides enough space to build a house once all of the setbacks are accounted for. Mr. Cordes stated the developer has looked at that lot and he believes he can put a house on the lot that will fit. The house will not be able to have a three car garage it will have to be a two car garage. Moved by McKeon and seconded by Cunningham that the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) to vacate Lot 1, of Block 1, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Lowe, Ganz, McKeon, Homan, Williams, Dart, Cunningham, Fredrickson. Nay: None. Absent: McSweeney. Motion carried. REZONING NO. 2013-04 PROPOSED EASTBROOKE FOURTEENTH Chairman Ganz opened the public hearing on the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) to rezone from District AG, Agricultural District and District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District to District R-1, Urban Residential Single-Family (Low Density) District and District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District
Page 11 property described as Lot 1 of Block One, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), and part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive). This item was discussed during the hearing to vacate property. Chairman Ganz closed the hearing. Moved by McKeon and seconded by Cunningham that the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) to rezone from District AG, Agricultural District and District R-3/PD, Urban Residential Multi-Family (Medium Density)/Planned Development Overlay District to District R-1, Urban Residential Single-Family (Low Density) District and District R-2/PD, Urban Residential Mixed-Density/Planned Development Overlay District property described as Lot 1 of Block One, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), and part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Ganz, McKeon, Homan, Williams, Dart, Cunningham, Fredrickson, Lowe. Nay: None. Absent: McSweeney. Motion carried. FINAL PLAT NO. 2013-04 PROPOSED EASTBROOKE FOURTEENTH Chairman Ganz opened the public hearing on the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) for the Final Plat for Eastbrooke Fourteenth, an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1 of Block One, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), and part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive). This item was discussed during the hearing to vacate property. Chairman Ganz closed the hearing. Moved by McKeon and seconded by Cunningham that the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) for the Final Plat for Eastbrooke Fourteenth, an addition to the City of Kearney, Buffalo County, Nebraska for property described as Lot 1 of Block One, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), and part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive) be submitted to City Council with recommendation for approval.
Page 12 Roll call resulted as follows: Aye: McKeon, Homan, Williams, Dart, Cunningham, Fredrickson, Lowe, Ganz. Nay: None. Absent: McSweeney. Motion carried. ANNEXATION NO. 2013-04 PROPOSED EASTBROOKE FOURTEENTH Chairman Ganz opened the public hearing on the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) for the annexation of Eastbrooke Fourteenth, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive). This item was discussed during the hearing to vacate property. Chairman Ganz closed the hearing. Moved by McKeon and seconded by Cunningham that the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) for the annexation of Eastbrooke Fourteenth, an addition to the City of Kearney, Buffalo County, Nebraska for property described as part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Homan, Williams, Dart, Cunningham, Fredrickson, Lowe, Ganz, McKeon. Nay: None. Absent: McSweeney. Motion carried. PLANNED DISTRICT DEVELOPMENT PLAN APPROVAL 2013-04 PROPOSED EASTBROOKE FOURTEENTH Chairman Ganz opened the public hearing on the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) for Planned District Development Plan Approval for the construction of a condominium development on property to be zoned District R-2/PD, Urban Residential Mixed-Density/ Planned Development Overlay District for property described as Lot 1 of Block One, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), and part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive). This item was discussed during the hearing to vacate property. Chairman Ganz closed the hearing. Moved by McKeon and seconded by Cunningham that the application submitted by Buffalo Surveying Corp. (Applicant) for Camron, Inc. (Owner) for Planned District Development Plan Approval for the construction of a condominium development on property to be zoned District R-
Page 13 2/PD, Urban Residential Mixed-Density/ Planned Development Overlay District for property described as Lot 1 of Block One, Eastbrooke Thirteenth, an addition to the City of Kearney, Buffalo County, Nebraska (to be vacated), and part of the Southeast Quarter of the Southwest Quarter of Section 19, and part of the East Half of the Southwest Quarter of Section 19, all located in Township 9 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (north of 56th Street along Eastbrooke Drive) be submitted to City Council with recommendation for approval. Roll call resulted as follows: Aye: Williams, Dart, Cunningham, Fredrickson, Lowe, Ganz, McKeon, Homan. Nay: None. Absent: McSweeney. Motion carried. Cunningham left the meeting at 10:13 a.m. ANNEXATIONS Chairman Ganz opened the public hearing on the proposed annexation of the following tracts of land to be included within the corporate limits: ANNEXATION NO. 2013-01 5110 17TH AVENUE Lot 1, Smith Addition, a subdivision located in the Southeast Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (5110 17th Avenue). ANNEXATION NO. 2013-02 5120 17TH AVENUE A tract of land located in the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: a point which is 987 feet north of the East Quarter corner of said Section 27 which is the point of beginning, thence west 596 feet parallel with the south line of said Northeast Quarter, thence north 208 feet, thence east 596 feet, thence south 208 feet along said east line to the place of beginning, all in Buffalo County, Nebraska to be included within the corporate limits (5120 17th Avenue). ANNEXATION NO. 2013-03 5308 17TH AVENUE Lot 1 of Block 2, Northridge Retirement Subdivision, a subdivision being part of the East Half of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (5308 17th Avenue). ANNEXATION NO. 2013-04 5410 17TH AVENUE A tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring to the northeast corner of the Northeast Quarter of said Section 27; thence southerly on the east line of said Northeast Quarter a distance of 484.43 feet to the ACTUAL PLACE OF BEGINNING; thence continuing southerly on the aforedescribed course a distance of 522.0 feet; thence westerly parallel with the north line of said Northeast Quarter a distance of 956.43 feet; thence northerly parallel with the east line of said Northeast Quarter a distance of 956.43 feet to a point on the south right-of-way line of 56th Street, said point also being 50.0 feet south of the north line of the Northeast Quarter of said Section; thence easterly on the aforesaid south right-of-way line of 56th Street and 50.0 feet southerly from and parallel with the north line of the Northeast Quarter of said Section a distance of 354.82 feet; thence southerly parallel with the east line of said Northeast Quarter a distance of 434.43 feet; thence easterly parallel with the north line of said Northeast Quarter a distance of 601.61 feet to the
Page 14 place of beginning, containing 15.99 acres, more or less, Buffalo County, Nebraska to be included within the corporate limits (5410 17th Avenue). ANNEXATION NO. 2013-05 5514 17TH AVENUE Lot 1 and part of Lot 2, Block One, Northridge Retirement Subdivision, a subdivision being part of the East Half of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, with that part of Lot 2 being more particularly described as follows: Referring to the southeast corner of Lot 1, Northridge Retirement Subdivision and assuming the east line of Lot 1 and Lot 2 of said Northridge Retirement Subdivision as bearing south and all bearings contained herein are relative thereto; thence south on the east line of said Lot 2 a distance of 25.00 feet; thence S89 33'08"W and parallel with the north line of said Lot 1 a distance of 568.99 feet; thence north on a line being 17.29 feet westerly of as measured at right angles from the west line of said Lot 1 a distance of 459.49 feet to a point on the North line of said Lot 2; thence N89 33'08"E and on the north line of said Lot 2 a distance of 17.29 feet to the northwest corner of said Lot 1; thence south on the west line of said Lot 1 a distance of 434.43 feet to the southwest corner of said Lot 1; thence N89 33'08"E and on the south line of said Lot 1 a distance of 551.61 feet to the place of beginning, all in Buffalo County, Nebraska to be included within the corporate limits (5514 17th Avenue). ANNEXATION NO. 2013-06 SPRUCE HOLLOW ESTATES THIRD Lot One of Block One and Lot One, Lot Two and Outlot A, of Block Two, Spruce Hollow Estates Third, being part of the Southeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (northwest corner of 56th Street and 17th Avenue). ANNEXATION NO. 2013-07 2407 WEST 56TH STREET Part of Lot 1, Bent Bar C Subdivision East, a subdivision being part of the Southwest Quarter of the Southeast Quarter and part of the Southeast Quarter of the Southwest Quarter and part of the Southwest Quarter of the Southeast Quarter all located in Section 22, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (2407 West 56th Street). Pursuant to the City Council s annexation policy, City staff has reached Annexation Agreements with residents along the western side of 17th Avenue on the edge of Kearney City limits. There are also several parcels that have agreed to annexation as a part of their development agreements with the City. City Council has approved three Annexation Agreements for properties located at 5110 17th Avenue, 5120 17th Avenue, as well as the adjacent property owned by Vetter Holding, Inc. These three property owners have agreed to annexation by the City of Kearney. The remaining property owners that are a part of the proposed annexation have consented to annexation as a part of their Development Agreements when the properties were originally platted. These parcels are contiguous with the City limits of the City of Kearney and either presently have City services available to them or services will be available very shortly. City Planner presented this item to the Planning Commission. City Planner stated three property owners located at 5110 17th Avenue, 5120 17th Avenue and 5308 17th Avenue have agreed to annexation and the City Council has approved those agreements. The remaining property owners that are a part of this proposed annexation have consented to annexation as part of their Subdivision Agreements when the properties were originally platted.
Page 15 Homan asked if the City could explain to the public what being annexed means to a person being annexed and what the annexation means to the City. City Planner stated Code states when a property is within 300 feet of City services they are supposed to hook up to those services. The City works with the property owner and allows them to remain on well and septic until such time as those would fail and then the owner would have to hook up to City services. As far as taxes, he is not sure what the impact will be for those property owners. Fredrickson stated whenever the City annexes property it not only affects the property owners being annexed but it also affects the property owners two miles out. Most of those people in the two-mile jurisdiction have no idea they are all of a sudden under the control of the City. Did the City look at the map and see if there are any rural subdivisions that are going to be affected by these annexations? He believes it is important for the people in the two mile jurisdiction to know they are under the control of the City. City Planner stated the City did not look and see how far the two mile jurisdiction would bump out and if it would bring in any rural subdivisions. This issue has come up in the past but he does not know that the City has a legal obligation to send notice to those property owners. The City s GIS Coordinator adds all of the new subdivisions when they are approved and adjusts the City limit and ETJ line accordingly so a person can get on the City s website and see where those lines are. Chairman Ganz closed the hearing. Moved by Dart and seconded by Fredrickson that the proposed annexation of the following tracts of land to be included within the corporate limits be submitted to City Council with recommendation for approval: ANNEXATION NO. 2013-01 5110 17TH AVENUE Lot 1, Smith Addition, a subdivision located in the Southeast Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (5110 17th Avenue). ANNEXATION NO. 2013-02 5120 17TH AVENUE A tract of land located in the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: a point which is 987 feet north of the East Quarter corner of said Section 27 which is the point of beginning, thence west 596 feet parallel with the south line of said Northeast Quarter, thence north 208 feet, thence east 596 feet, thence south 208 feet along said east line to the place of beginning, all in Buffalo County, Nebraska to be included within the corporate limits (5120 17th Avenue). ANNEXATION NO. 2013-03 5308 17TH AVENUE Lot 1 of Block 2, Northridge Retirement Subdivision, a subdivision being part of the East Half of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (5308 17th Avenue).
Page 16 ANNEXATION NO. 2013-04 5410 17TH AVENUE A tract of land being part of the Northeast Quarter of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, more particularly described as follows: referring to the northeast corner of the Northeast Quarter of said Section 27; thence southerly on the east line of said Northeast Quarter a distance of 484.43 feet to the ACTUAL PLACE OF BEGINNING; thence continuing southerly on the aforedescribed course a distance of 522.0 feet; thence westerly parallel with the north line of said Northeast Quarter a distance of 956.43 feet; thence northerly parallel with the east line of said Northeast Quarter a distance of 956.43 feet to a point on the south right-of-way line of 56th Street, said point also being 50.0 feet south of the north line of the Northeast Quarter of said Section; thence easterly on the aforesaid south right-of-way line of 56th Street and 50.0 feet southerly from and parallel with the north line of the Northeast Quarter of said Section a distance of 354.82 feet; thence southerly parallel with the east line of said Northeast Quarter a distance of 434.43 feet; thence easterly parallel with the north line of said Northeast Quarter a distance of 601.61 feet to the place of beginning, containing 15.99 acres, more or less, Buffalo County, Nebraska to be included within the corporate limits (5410 17th Avenue). ANNEXATION NO. 2013-05 5514 17TH AVENUE Lot 1 and part of Lot 2, Block One, Northridge Retirement Subdivision, a subdivision being part of the East Half of the Northeast Quarter of Section 27, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska, with that part of Lot 2 being more particularly described as follows: Referring to the southeast corner of Lot 1, Northridge Retirement Subdivision and assuming the east line of Lot 1 and Lot 2 of said Northridge Retirement Subdivision as bearing south and all bearings contained herein are relative thereto; thence south on the east line of said Lot 2 a distance of 25.00 feet; thence S89 33'08"W and parallel with the north line of said Lot 1 a distance of 568.99 feet; thence north on a line being 17.29 feet westerly of as measured at right angles from the west line of said Lot 1 a distance of 459.49 feet to a point on the North line of said Lot 2; thence N89 33'08"E and on the north line of said Lot 2 a distance of 17.29 feet to the northwest corner of said Lot 1; thence south on the west line of said Lot 1 a distance of 434.43 feet to the southwest corner of said Lot 1; thence N89 33'08"E and on the south line of said Lot 1 a distance of 551.61 feet to the place of beginning, all in Buffalo County, Nebraska to be included within the corporate limits (5514 17th Avenue). ANNEXATION NO. 2013-06 SPRUCE HOLLOW ESTATES THIRD Lot One of Block One and Lot One, Lot Two and Outlot A, of Block Two, Spruce Hollow Estates Third, being part of the Southeast Quarter of Section 22, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (northwest corner of 56th Street and 17th Avenue). ANNEXATION NO. 2013-07 2407 WEST 56TH STREET Part of Lot 1, Bent Bar C Subdivision East, a subdivision being part of the Southwest Quarter of the Southeast Quarter and part of the Southeast Quarter of the Southwest Quarter and part of the Southwest Quarter of the Southeast Quarter all located in Section 22, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska to be included within the corporate limits (2407 West 56th Street).