Planning Commission

MINUTES OF THE MEETING OF THE NORTH PLATTE PLANNING COMMISSION HELD ON THE 23 rd DAY OF MAY 2023 IN THE CITY HALL COUNCIL CHAMBERS. MEMBERS PRESENT: David Fudge, Jeff Bain, Emily Wurl, Kathleen Matthews, Angie Forbes, Nelson Jett, Lee Davies, Don Weber MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Judy Clark, Planning Administrator; Michelle Bain, Recording Secretary, Bill Troshynski, City Attorney Notice of the meeting was given in advance thereof, by posting in at least three places in the City as follows: North Platte Public Library, Lincoln County Courthouse, and City Hall offices. Notice of the meeting was given to the Chairman and all members of the Planning Commission. Availability of the agenda was communicated in the advance notice and in the notice to the Chairman and members of the Commission. All proceedings thereafter shown were taken while the convened meeting was open to the attendance of the public. Chair Fudge called the meeting to order at 5:30 p.m. and stated a current copy of the open meetings act of Nebraska is posted at the back of the Council Chambers. 2. Bain moved and Davies seconded the motion to approve the minutes of the meeting held April 25, 2023. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. 3. Public Hearing File No. AM23-005 Discuss and consider action on an amendment to the Official City of North Platte Zoning Map extending the 2-mile extraterritorial jurisdiction (ETJ) located on the southwest side of North Platte along West State Farm Road and South Buffalo Bill Avenue approximately 839 acres. Chair Fudge opened the public hearing. Judy stated that Nebraska State Statute Section 16-901 allows cities of the first class to extend zoning and building regulations to 2-miles outside the corporate limits. A 2-Mile ETJ may be amended as a result of annexation. Planning staff recommends extension of the 2-Mile ETJ. The extended 2-Mile ETJ meets the requirements in Nebraska State Statute and will be a benefit to the City of North Platte’s future growth and development. Bain moved and Weber seconded the motion to close the public hearing. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. Wurl moved and Forbes seconded the motion to make a recommendation to extend and adopt the City’s 2-Mile ETJ amendment as shown with the addition of noting South Buffalo Bill as well as West State Farm Road (map provided in Planning Commission materials). Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. 4. Public Hearing File No. AM23-003 Discuss and consider action on an amendment to the City of North Platte Nebraska Comprehensive Plan 2011 Future Land Use Map amending certain land from Agricultural Vacant to Residential Low Density Single Family on property located at 6547 East State Farm Road and described as lying in the Southeast Quarter of Section 18, Township 13 North, Range 29 West of the 6th P.M., Lincoln County, Nebraska (Proposed Lot 1 State Farm Subdivision). Chair Fudge stated that Items #4 and #5 on the agenda involve the same property and may be discussed together. If Item #4 is not approved, then Items #5 and #6 cannot be acted on and will be pulled from the agenda. Chair Fudge opened the public hearing on Item Nos. 4 and 5 on the agenda. Judy stated that in order to rezone a property, it is the duty of the planning commission to ensure that the rezoning is in conformance with the current comprehensive plan. The request for the amendment has been North Platte Planning May 23, 2023 Page - 2 submitted in conjunction with a rezoning and subdivision. The applicants are requesting the amendment to allow a change in zoning and subdivision to occur. Planning Staff has no objections to the amendment. The parcel currently shows an existing dwelling site on the southeast portion of the property. On State Farm Road there are several small dwelling sites toward the west, it is logical that dwelling sites on less than 10 acres and within the 2-Mile ETJ be zoned as suburban residential. Planning Staff has no objections to the rezoning if the amendment to the Comprehensive Plan Land Use Map has been approved the zone change will not be a detriment to the surrounding area. Bain moved and Jett seconded the motion to close the public hearing on Item Nos. 4 and 5 on the agenda. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. Bain moved and Wurl seconded the motion to approve File No. AM23-003 an amendment to the City of North Platte Comprehensive Plan 2011 Future Land Use Map to amend certain land from Agricultural Vacant to Residential Low Density Single Family located at 6547 East State Farm Road. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. 5. Public Hearing File No. Z23-004 Discuss and consider action on an application by Trey and Dayna Wasserburger to rezone certain land from an A-1 Transitional Agricultural District to an R-L Suburban Dwelling District on property located at 6547 East State Farm Road on property described as lying in the Southeast Quarter of Section 18, Township 13 North, Range 29 West of the 6th P.M., Lincoln County, Nebraska (Proposed Lot 1 State Farm Subdivision). The public hearing for Item No. 5 was held with Item No. 4 above. Bain moved and Davies seconded the motion to approve File No. Z23-004 to rezone certain land from an A-1 Transitional Agricultural District to an R-L Suburban Dwelling District on property located at 6547 East State Farm Road. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. 6. File No. SU23-012 Discuss and consider action on an application by Trey and Dayna Wasserburger for State Farm Subdivision located at 6547 East State Farm Road on property described as lying in the Southeast Quarter of Section 18, Township 13 North, Range 29 West of the 6th P.M., Lincoln County, Nebraska. Judy stated that the subdivision will split a 2.45 acre existing dwelling site from the remaining agricultural property. Planning Staff has no objections to approval of State Farm Subdivision since the amendment to the Comprehensive Plan Land Use Map and rezoning have been approved. With those approvals, the proposed subdivision meets zoning and subdivision regulations. Wurl moved and Jett seconded the motion to approve File No. SU23-012 preliminary and final approval of State Farm Subdivision. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. 7. Public Hearing File No. AM23-004 Discuss and consider action on an amendment to the City of North Platte Nebraska Comprehensive Plan 2011 Future Land Use Map amending certain land from Agricultural Vacant to Residential Low Density Single Family on property located on West State Farm Road and described as lying in the Northeast Quarter of Section 24, Township 13 North, Range 31 West of the 6th P.M., Lincoln County, Nebraska (Proposed Rolling Prairie Subdivision) Chair Fudge explained that Items #7, #8 and #9 on the agenda involve the same property and may be discussed together. If Item #7 is not approved, then Items #8 and #9 cannot be acted on and will be pulled from the agenda. The public hearing for item nos. 7 and 8 will be held and discussed together. Chair Fudge opened the public hearing on Item Nos. 7 and 8 on the agenda. Judy explained that in order to rezone a property, it is the duty of the planning commission to ensure that the rezoning is in conformance with the current comprehensive plan. The request for the amendment has been North Platte Planning May 23, 2023 Page - 3 submitted in conjunction with a rezoning and subdivision. The applicants are requesting the amendment to allow a change in zoning and subdivision to occur. Planning Staff has no objections to the amendment. Future development of the City of North Platte is trending toward the south and west of the corporate limits. Allowing for suburban housing development on the fringe of the city provides the community with different types of housing development opportunities such as larger acreage residential areas. Planning Staff has no objections to the rezoning if the amendment to the Comprehensive Plan Land Use Map has been approved. The proximity of the property makes this area reasonable for future housing development. The surrounding area is a mixture of residential dwelling sites, agricultural properties and commercial agricultural properties. Richard Reimer, 4980 W. State Farm Rd., was present and asked if his property would be affected with the zone change. Judy explained that his property would not be affected. John Boettcher, 4801 S. Range Rd., was present. He explained that he is seeing a lot of businesses coming to town and would like to help make some houses available for homeowners. The name of the subdivision is intended to be Legends. The names of the roads should be all tied with the Huskers, Frazier Lane and Berringer Lane connected by Osborne Way. Shelly Greeley, 4268 W. State Farm, was present and asked about the development and how many homes. She also asked what is going to happen with State Farm Road. Judy showed her the information on the development and explained as far as State Farm Road, it is paved up until a half mile from this. There has been some conversation between Jason Schultz with the County Department of Roads about paving that portion and doing a cost share of some sort. The roads in the development will be paved. Ms. Greeley asked if the homeowner have to cost share. Judy stated the homeowner would not have to pay. They may leave it gravel but it makes more sense for it to be paved. Gary Person, President, North Platte Area Chamber and Development Corporation, 502 S. Dewey, was present and stated that the Chamber likes to see any housing in the community and would like to see this brought forward. Bain moved and Davies seconded the motion to close the public hearing on Item Nos. 7 and 8 on the agenda. Voting Aye: Fudge, Bain, Wurl, Matthews, Forbes, Davies, Jett, Weber. Voting Nay: None. Absent: None. Motion carried. Matthews stated she needs to abstain from voting on the last three items. Jett moved and Davies seconded the motion to approve File No. AM23-004 an amendment to the City of North Platte Comprehensive Plan 2011 Future Land Use Map to amend certain land from Agricultural Vacant to Residential Low Density Single Family located on West State Farm Road. Voting Aye: Fudge, Bain, Wurl, Forbes, Davies, Jett, Weber. Voting Nay: None. Abstain: Matthews. Absent: None. Motion carried. 8. Public Hearing File No. Z23-005 Discuss and consider action on an application by John Boettcher (Allura, LLP) to rezone certain land from an A-1 Transitional Agricultural District to an R-L Suburban Dwelling District on property located on West State Farm Road and described as lying in the Northeast Quarter of Section 24, Township 13 North, Range 31 West of the 6th P.M., Lincoln County, Nebraska (Proposed Rolling Prairie Subdivision) The public hearing for Item No. 8 was held with Item No. 7 above. Davies moved and Wurl seconded the motion to approve File No. Z23-005 to rezone certain land from an A-1 Transitional Agricultural District to an R-L Suburban Dwelling District on property located on West State Farm North Platte Planning May 23, 2023 Page - 4 Road. Voting Aye: Fudge, Bain, Wurl, Forbes, Davies, Jett, Weber. Voting Nay: None. Abstain: Matthews. Absent: None. Motion carried. 9. File No. SU23-013 Discuss and consider action on an application by John Boettcher (Allura, LLP) for Rolling Prairie Subdivision located on West State Farm Road and described as lying in the Northeast Quarter of Section 24, Township 13 North, Range 31 West of the 6th P.M., Lincoln County, Nebraska. Judy stated that the subdivision will divide one parcel into 18 separate lots, with a potential of a total of 37 lots in the future. This is a planned phased development. New roads will be installed and will be constructed in accordance with Lincoln County Road standards. Planning Staff has no objections to approval of Rolling Prairie Subdivision if the amendment to the Comprehensive Plan Land Use Map and rezoning have been approved. With those approvals, the proposed subdivision meets zoning and subdivision regulations. The applicant requested a name change for the subdivision itself and the names on the roads. One question that came up: There are drainage structures that are dams out there. Under Note #4 it talks about the drain way that has to stay in place or be approved by the NRD. Bain moved and Davies seconded the motion to approve File No. SU23-013 preliminary and final approval of Legends Subdivision. Voting Aye: Fudge, Bain, Wurl, Forbes, Davies, Jett, Weber. Voting Nay: None. Abstain: Matthews. Absent: None. Motion carried. 10. Old Business. There was no old business to be discussed. 11. New Business. There was no new business to be discussed. Judy invited the City Planning Commission to the June 13, 2023 Lincoln County Planning Commission meeting where they will be having a discussion on regulations for crypto mining, wind generation and solar. Someone from Dawson is going to give a demonstration. 12. Adjourn. Chair Fudge adjourned the meeting at 6:04 p.m. Respectfully Submitted, Michelle Bain Recording Secretary