planning commission - City of Kearney

planning commission - City of Kearney

PLANNING COMMISSION AGENDA City Council Chambers, 18 East 22nd Street June 19, 2014 9:00 a.m. 1. Announcement on Open Meetings Act. 2. Roll call. ...

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PLANNING COMMISSION AGENDA City Council Chambers, 18 East 22nd Street June 19, 2014 9:00 a.m. 1.

Announcement on Open Meetings Act.

2.

Roll call.

3.

Approve Minutes of meeting held May 16, 2014.

4.

Hearing: Conditional Use Permit No. 2014-03 – Viaero Wireless Application submitted by NE Colorado Cellular, Inc., dba Viaero Wireless and Arram Equities, Inc. and Arram Ventures, Inc. for a Conditional Use Permit to locate a rooftop cell site for wireless communications on property zoned District C-2, Community Commercial District and described as Lot 3, Archway Village, an addition to the City of Kearney, Buffalo County, Nebraska (214 West 42nd Street, Suite A).

5.

Hearing: Rezoning No. 2014-08 – Proposed Austin Estates Sixth Application submitted by Miller & Associates for Aaron Broadfoot and Austin Broadfoot to rezone from District AG, Agricultural District to District RR-1, Rural Residential District (Rural Standards) property described as a tract of land being located in part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of West 68th Street and east of future 8th Avenue).

6.

Hearing: Preliminary Plat No. 2014-09 – Proposed Austin Estates Sixth Application submitted by Miller & Associates for Aaron Broadfoot and Austin Broadfoot for the Preliminary Plat for Austin Estates Sixth Subdivision, Buffalo County, Nebraska, for property described as a tract of land being located in part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of West 68th Street and east of future 8th Avenue). *FINAL ACTION*

7.

Hearing: Final Plat No. 2014-09 – Proposed Austin Estates Sixth Application submitted by Miller & Associates for Aaron Broadfoot and Austin Broadfoot for the Final Plat for Austin Estates Sixth Subdivision, Buffalo County, Nebraska, for property described as a tract of land being located in part of the Northeast Quarter of Section 23, Township 9 North, Range 16 West of the 6th P.M., Buffalo County, Nebraska (north of West 68th Street and east of future 8th Avenue).

8.

Hearing: Conditional Use Permit No. 2014-04 – Verizon Wireless Application submitted by Verizon Wireless and Kearney Cinema, LLC for a Conditional Use Permit to locate a telecommunications facility on property zoned District M-1, Limited Industrial District and District C-2, Community Commercial District and described as Lot 1, Ess of Kay Addition, an addition to the City of Kearney, Buffalo County, Nebraska (220 3rd Avenue).

June 20, 2014

9.

Page 2

Hearing: Revised Planned District Development Plan Approval No. 2007-13 - Cowpoke Application submitted by Duncan Theis Construction, Inc. for D & M Cowpoke, Inc., a Nebraska Corporation for Revised Planned District Development Plan Approval to construct a building addition and minor renovation on property zoned District C-2/PD, Community Commercial/Planned Development Overlay District and described as Lot 1, Elken Subdivision in Buffalo County, Nebraska (7310 2nd Avenue).

10. Partial Vacation No. Prior to 1950-01 – Original Town of Kearney Junction Application submitted by Buffalo Surveying for Brigham Lofts, LLC and JWB, LLC to vacate Lots 535 thru 539, inclusive, and the south 20 feet of Lot 540, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 and 2013 Avenue A). 11. Hearing: Preliminary Plat No. 2014-10 Brigham and Pierce Addition Application submitted by Buffalo Surveying for Brigham Lofts, LLC and JWB, LLC for the Preliminary Plat for Brigham and Pierce Addition, an addition to the City of Kearney, Buffalo County, Nebraska, for property described as Lots 535 thru 539, inclusive, and the south 20 feet of Lot 540, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 and 2013 Avenue A). *FINAL ACTION* 12. Hearing: Final Plat No. 2014-10 Brigham and Pierce Addition Application submitted by Buffalo Surveying for Brigham Lofts, LLC and JWB, LLC for the Final Plat for Brigham and Pierce Addition, an addition to the City of Kearney, Buffalo County, Nebraska, for property described as Lots 535 thru 539, inclusive, and the south 20 feet of Lot 540, Original Town of Kearney Junction now the City of Kearney, Buffalo County, Nebraska (2001 and 2013 Avenue A). 13. Hearing: Land Use Map Amendment No. 2014-05 – Proposed Tacha Addition Application submitted by Buffalo Surveying for Lynn and Sandra Tacha for an amendment to the Land Use Map of the City of Kearney Comprehensive Development Plan from Agriculture/Open to Mixed Use 2 property described as a tract of land being part of the South Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (1170 30th Avenue). 14. Hearing: Rezoning No. 2014-09 – Proposed Tacha Addition Application submitted by Buffalo Surveying for Lynn and Sandra Tacha to rezone from District AG, Agricultural District to District C-3, General Commercial District property described as a tract of land being part of the South Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (1170 30th Avenue). 15. Hearing: Preliminary Plat No. 2014-11 – Proposed Tacha Addition Application submitted by Buffalo Surveying for Lynn and Sandra Tacha for the Preliminary Plat for Tacha Addition, an addition to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the South Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (1170 30th Avenue). *FINAL ACTION*

June 20, 2014

Page 3

16. Hearing: Final Plat No. 2014-11 – Proposed Tacha Addition Application submitted by Buffalo Surveying for Lynn and Sandra Tacha for the Final Plat for Tacha Addition, an addition to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the South Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (1170 30th Avenue). 17. Hearing: Annexation No. 2014-11 – Proposed Tacha Addition Application submitted by Buffalo Surveying for Lynn and Sandra Tacha for the annexation of Tacha Addition, an addition to the City of Kearney, Buffalo County, Nebraska, for property described as a tract of land being part of the South Half of the Southeast Quarter of Section 4, Township 8 North, Range 16 West of 6th P.M., Buffalo County, Nebraska (1170 30th Avenue). 18. Extend Conditional Use Permit No. 2011-09 Extend/renew Conditional Use Permit No. 2011-09 granted to Werner Construction, Inc. and Kappas Enterprises, LLC to operate a construction batch plant on property described as Government Lots 1, 2, 3 and 4 in Section 9, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (east side of Cherry Avenue, north of Wastewater Treatment Plant). 19. Extend Conditional Use Permit No. 2011-10 Extend/renew Conditional Use Permit No. 2011-10 granted to Werner Construction, Inc. and Archview LLC to operate a gravel pit to provide aggregate for the Cherry Avenue Bypass and improvements to I-80 on property described as a tract of land being part of the Northeast Quarter, the East Half of the Northwest Quarter and Government Lots 3, 4, 5, 6, 7 and 12 in Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (west side of Cherry Avenue, north of Wastewater Treatment Plant). 20. Hearing: Code Amendment No. 2014-01 – Continued from the May 16, 2014 Planning Commission Meeting Proposed amendments to Table 14-1 “Use Matrix of Chapter 14 “Zoning District Regulations” of the City Code to allow Retail Services (Medium) being permitted in District CBD, Kearney Center Mixed Use District and that planned development is required for Retail Services (Large) in District CBD, Kearney Center Mixed Use District; Section 28-102 “Site Development Regulations” to change the site area per housing unit, minimum lot area, maximum floor area ratio, the rear yard requirements, and the project size requiring a planned development in District CBD, Kearney Center Mixed Use District”; and Section 28-103 “Special regulations and Standards” providing the following: (1) all street facing building facades shall have a minimum transparency of 75 percent on the storefront or ground floor and a minimum transparency of 40 percent on upper floors; (2) simulated building stone is not an acceptable masonry material for street facing facades; (3) mechanical equipment shall not be visible from the street; and (4) roofs shall be flat, or slope concealed from street view by parapet cap, cornice or other measure. 21. Report/Comments from Board Members. 22. Adjournment.

June 20, 2014

Page 4

Chairman James Ganz, Jr. 22 Hillcrest Drive Kearney, NE 68845 237-5146 [email protected]

Vice-Chairman Stan Dart 2410 65th Avenue Place Kearney, NE 68845 234-1616 msdart[email protected]

Board Member Robert Cunningham 1709 West 38th Street, #37 Kearney, NE 68845 865-7276 [email protected]

Board Member Jim McKeon 711 13th Avenue Kearney, NE 68845 236-2223 [email protected]

Board Member Jason Peck 910 East 30th Drive Kearney, NE 68847 627-3568 [email protected]

Board Member Paul Fredrickson 914 Avenue D Kearney, NE 68847 236-5928 [email protected]

Board Member Ed Berglund 212 East 46th Street Kearney, NE 68847 627-6012 [email protected]

Board Member John Lowe 7 Wedge Way Kearney, NE 68845 440-3709 [email protected]

Board Member Jack McSweeney 2712 Central Avenue Kearney, NE 68847 234-5550 [email protected]

A current agenda is on file at the Office of Development Services, 1st Floor at City Hall, 18 East 22nd Street, Kearney, Nebraska. For more information, call (308) 233-3254 or visit our website at www.cityofkearney.org.

Planning Commission Kearney, Nebraska May 16, 2014 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, May 16, 2014. The following members were present: Jim Ganz, Jr., Paul Fredrickson, Robert Cunningham, John Lowe, Ed Berglund, Jim McKeon and Jack McSweeney. The following members were absent: Stan Dart and Jason Peck. 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: Janice Shultz, Terry Holtzen, Walter Martin, Ashley White 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 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 APRIL 18, 2014 MINUTES Moved by McKeon and seconded by Lowe that the minutes of the April 18, 2014 Planning Commission meeting be approved. Roll call resulted as follows: Aye: Ganz, McSweeney, Fredrickson, Lowe, Berglund, McKeon. Nay: None. Cunningham abstained. Absent: Dart, Peck. Motion carried. CODE AMENDMENT 2014-01 – CENTRAL BUSINESS DISTRICT Chairman Ganz opened the public hearing on the proposed amendments to Table 14-1 “Use Matrix of Chapter 14 “Zoning District Regulations” of the City Code to allow Retail Services (Medium) being permitted in District CBD, Kearney Center Mixed Use District and that planned development is required for Retail Services (Large) in District CBD, Kearney Center Mixed Use District; Section 28-102 “Site Development Regulations” to change the site area per housing unit, minimum lot area, maximum floor area ratio, the rear yard requirements, and the project size requiring a planned development in District CBD, Kearney Center Mixed Use District”; and Section 28-103 “Special regulations and Standards” providing the following: (1) all street facing building facades shall have a minimum transparency of 75 percent on the storefront or ground floor and a minimum transparency of 40 percent on upper floors; (2) simulated building stone is not an acceptable masonry material for street facing facades; (3) mechanical equipment shall not be visible from the street; and (4) roofs shall be flat, or slope concealed from street view by parapet cap, cornice or other measure. Suzanne Brodine, Assistant City Manager/Development Services Director presented this item to the Planning Commission.

May 16, 2014

Page 2

Assistant City Manager/Development Services Director stated the proposed Code amendments are for the Central Business District which was created out of a joint working group consisting of two Planning Commission members, two CRA members and two members from the Downtown Improvement Board. The goal of the group was to find a balance between preservation of the buildings, the look and feel of the downtown district and personal property rights. Assistant City Manager/Development Services Director stated the current Code has minimum setback requirements but no maximum setback requirements in the CBD zoning district. The minimum setback requirements for front yard, side yard, street side yard and rear yard are zero. The proposed Code amendment adds a maximum setback requirement which is zero for front yard, side yard, street side yard and 60 feet for the rear yard. Assistant City Manager/Development Services Director stated the comments the City received from individuals attending the listening session and from individuals who have either called or emailed the office have been how the proposed Code amendment will affect existing buildings and the site area per housing unit. The proposed Code amendment is not retroactive so the owner will not be required to make any changes to the building unless the building is demolished and new construction takes place. The current Code has the site area per housing unit at 1,000 square feet. The proposed Code amendment has reduced the site area per housing unit to 650 square feet. After discussion with the property owners who attended the sessions, efficiency apartments and studio apartments are more prevalent in the downtown area so the City is suggesting the site area per housing unit be reduced from 650 square feet to 325 square feet. McSweeney asked if the proposed Code amendments were approved if that would make the existing buildings in the downtown district non-conforming uses. Assistant City Manager/Development Services Director stated the use would not be non-conforming because they would still be a retail store with apartments, which is allowed with the proposed Code amendment. The façade would be non-conforming just like many of the older buildings in commercial districts that do not meet the 35% masonry requirement on all street facing facades. McSweeney stated the problem he has with a building being considered a non-conforming use is that it creates insurance problems and mortgage problems. Assistant City Manager/Development Services Director stated Chapter 14 could be amended to add the “E” indicating it is an existing use allowed in that zone. Fredrickson asked if a person were to do substantial remodeling to their building if they would be required to bring the façade up to current Code. Assistant City Manager/Development Services Director stated if a person is not touching the façade as part of their building remodel there would be no reason to bring the façade up to current Code. Fredrickson asked what can be used regarding the masonry material. Assistant City Manager/Development Services Director stated the masonry material can be brick, split-faced concrete or building stone. The proposed Code amendment eliminates the use of simulated building stone. Fredrickson stated simulated stone is a common building product and you can’t tell the difference between simulated stone and real stone products.

May 16, 2014

Page 3

Berglund asked what the reason was for eliminating the use of simulated stone. Assistant City Manager/Development Services Director stated the reason the proposed Code amendment eliminates the use of simulated stone is because of aesthetics. Lowe stated masonry would probably be more permanent and UV resistant. He believes the owner knows what is best for their building and the owner will not want to use something that will fade and not look good within five years. The downtown district is an eclectic use of all buildings and he believes cement brick would be better than fiberglass brick, but he does not think simulated brick should be prohibited; it should be up to the owner to determine what is best for their building. Planning Commission continued to discuss simulated stone and the City’s reasoning for eliminating it from the Code. Chairman Ganz stated the proposed Code amendment requires a minimum transparency of 40% on upper floors. If a person was not going to use the 2nd floor why would they need to have 40% transparency? Assistant City Manager/Development Services Director stated the transparency for 2nd floors came from the National Trust. The reason behind the 40% transparency is to make a building look like it has two stories rather than flat facades running across the upper floors as a person looks down the block. Ganz stated by requiring 40% transparency on the upper floors it could cause problems regarding utility costs. McSweeney stated the proposed Code amendment states, “The storefront or ground floor shall not be reflective, smoky, or heavily tinted.” Where is the breakoff of heavily tinted or tinted? Assistant City Manager/Development Services Director stated typically that means opaque. The goal is to be able to see into the storefront and create a pedestrian friendly environment. Lowe stated he likes the opaque windows at the tattoo parlors and the adult novelty shop. The reason they have closed off the windows on the 2nd floor of their buildings is because of the pigeons flying into the windows and breaking them. Planning Commission continued to discuss the proposed Code amendment regarding transparency of windows. There was discussion regarding clarifying the boundaries of the downtown district. Walter Martin spoke in support of the proposed Code amendments which he believes will help preserve the aesthetics of the historic downtown district. Terry Holtzen, General Manager of Kearney Crete & Block, suggested the City adopt the ASTM or the ACI standards for simulated stone instead of eliminating it from the proposed Code amendment. There was no one present in opposition to this hearing. Chairman Ganz closed the hearing.

May 16, 2014

Page 4

Moved by McKeon and seconded by McSweeney that the proposed amendments to Table 14-1 “Use Matrix of Chapter 14 “Zoning District Regulations” of the City Code to allow Retail Services (Medium) being permitted in District CBD, Kearney Center Mixed Use District and that planned development is required for Retail Services (Large) in District CBD, Kearney Center Mixed Use District; Section 28-102 “Site Development Regulations” to change the site area per housing unit, minimum lot area, maximum floor area ratio, the rear yard requirements, and the project size requiring a planned development in District CBD, Kearney Center Mixed Use District”; and Section 28-103 “Special regulations and Standards” providing the following: (1) all street facing building facades shall have a minimum transparency of 75 percent on the storefront or ground floor and a minimum transparency of 40 percent on upper floors; (2) simulated building stone is not an acceptable masonry material for street facing facades; (3) mechanical equipment shall not be visible from the street; and (4) roofs shall be flat, or slope concealed from street view by parapet cap, cornice or other measure be continued to the June 20, 2014 Planning Commission meeting to allow City staff time to meet with the downtown owners again and clarify some items that were discussed at the hearing. Roll call resulted as follows: Aye: McSweeney, Lowe, Berglund, Ganz, Frederickson, Cunningham, McKeon. Nay: None. Absent: Dart, Peck. Motion carried. REPORTS/COMMENTS FROM BOARD MEMBERS None. ADJOURNMENT Moved by Berglund and seconded by Lowe that the meeting be adjourned. Roll call resulted as follows: Aye: Berglund, Ganz, Fredrickson, Cunningham, McKeon, McSweeney, Lowe. Nay: None. Absent: Dart, Peck. Motion carried.

_____________________________ Nancy Eckhoff Recording Secretary

PLANNING COMMISSION MEMO ITEM NO. 4 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Conditional Use Permit Rooftop Cellular Antenna Site for Viaero Telecommunications Equipment at Archway Village - 214 West 42nd Street, Suite A

PRESENTER:

Chris Riha – Viaero Wireless

Discussion: The applicant is requesting approval of a Conditional Use Permit (CUP) to install telecommunications equipment for Viaero Wireless on the roof of Archway Village retail center. The property is zoned C-2. Viaero will have a retail store at this location and they have an agreement with the Owner to install antennas and associated equipment on the roof to upgrade to 4G service similar to the upgrades they made at the hospital and at Big Apple Fun Center. The scope of the installation includes coaxial cables, a microwave dish and 4G antennas as well as alignment of the microwave to communicate with the fairgrounds tower. A CUP application package has been submitted. •

From the material submitted it is unclear how the equipment will be attached to the roof. Staff requests a letter from a licensed structural engineer verifying the load and attachment method meet industry requirements for structural integrity.

Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of the requested Conditional Use Permit subject to the engineering letter.

"We provide services, solutions, and opportunities for our community."

For Office Use Only File Number: Date Filed:

CITY OF KEARNEY

Fee: Receipt No.:

APPLICATION FOR CONDITIONAL USE PERMIT

Revised 09- 11

If you have any questions about this application form, please contact the Development Coordinator at 233-3227.

1.

Applicant/Agent's Name:

2.

Applicant/Agent's Address:

3.

Phone No.:

5.

Owner's Name:

NE COLORADO CELLULAR, INC., d/b/a VIAERO WIRELESS 1224 W. Platte Avenue, Fort Morgan. CO 80701

___.l-:(9=-:.7-=0L)-=-86::.:7'---=-67:. . :6=-:.7_ _ _ _ 4.

E-Mail Address:

--=c:..:.:hr~ is::.:.r.:.:.ih.:.:::a:[email protected],v:..::ia::..:e:.:..ro ::.:·..::.co ::.:m..:..:...__ _ __

6.

Arram Equities, Inc. & Arram Ventures, Inc. EXHIBIT~- Certified CoDv of Reco1:lEd Ia:rl. Owner's Address: 214 W. 42 • SuifeAKearney, NE68847

7.

Phone No.:

9.

Property is Zoned:

_ _ _ __

*See E)xlosed

(308) 293-0520

8.

E-Mail Address:

--=.eJc: .a:.:..:rr..=a::..:.m.:[email protected]~ho::..:t::..:.m.:.:::a::.:il:.::: . c..::.o:..:..m:...__ _ _ __ _ _ __

"C-2" Community Commercial

*See E)xlosed EXHIBIT A -

~ ~strict Ma •

214 W. 42 Street, Suite~. Kearney, NE 68847

10.

Address or Location of Property:

11 .

L~D~r\~(~~·p~rate ~~e~s~tt~.0/rcfj~f®e~J\ddttton to the Ctty of Kearney, Buffalo County, Nebraska

12.

Describe the nature of the business and any unique operating characteristics : Rooftop Cell Site for Wireless Communications. *See E)xlosed EKHIBIT D - 5-Page Scope of Work & 2-Page List of Materials.

CONDITIONAL USE PERMIT APPLICATION CHECKLIST

~

D D

~

Certified copy of the last deed or document of record from the Register of Deed's Office - EXHIBIT C. Five sets of full size plans One (8 ~ "x 11 ") reduced copy of plans Any graphic information, including site plans, elevations, landscape plans or other drawings necessary to describe the proposed use.

*See E)xlosed EXHIBIT D, E & F.

Owner's signature

5/1 2/14 Date

Applicant's · natur Applicant certifies by signature that authorized agent of the property owner.)

Chris R. Riha, Site

~cguisition

VIAERO WIRELESS 1512 s. Locust Street

Grand Island, NE 68801 (308) 370-0383 [email protected]

"We provide services, solutions, and opportunities for our community. "

s/he

is

the

Specialist

EXHIBIT A

Zoning District Map

SEARCH

- [!] Und

Bas~

0 0 Lots 0 "" Otm!ns,ons 0 Pirctts 0 T Addresses

DO BuJd
0 0

0 0 0 0

:·_; E~sements 0 OtyUmlts

EJ

s.<:tlons

0

Quarttr Seruon Gnd

Po1nt!. of lntertost

Two·MIIe Umlt

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0

Stormw.ltfr

[

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Witer

~( .'"' '• .l

D

Wo1stewo1ter

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Contours

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C 2010 Mn<~IS C· 2007 Afnals
310 l05

R-1 W 371>i ST

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EXAMPl£5

Address: Bu 'd•"i· SubdeMion.

3519 2nd A\-. City Holt Count:y ctub f>,aza

Po:nt of Interest Central Elementary

lnw.ect
W lSth St + 2nd Ave

Para-!·

600277000

Smoth

C'.J

0 ~

-< 0

ri:J. ri:J.

aJ

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MAP LAYERS

EXHIBIT D

Viaero Wireless Scope of Work Kearney North Store, NE

I.

Purpose The purpose of this document is to detail the installation and material requirements for the initial build of the Kearney North Store, NE site. Installation will consist of installation of all coaxial cables, microwave, and 4G antennae as well as alignment of the microwave antenna between Kearney North Store and Kearney Fairgrounds, NE. Viaero will coordinate with the contracto r to perform all path alignments . All materials are to be provided by Viaero Wireless and delivered on site to the contractor.

II.

Location Site is located at and has a 911 address of 214 A West 42nd, Kearney, NE 68847, and has coordinates of 40°42'56.22" N and 99°05 '06.17" W in Buffalo County, NE. Site has elevation of 2254' AMSL. See attached maps.

Ill.

Site Configuration Site will be a 1900 MHz 2121212 configuration using -48 VDC power. Azimuths of 0 I 90 I 180 I 270 will be used with 20' radiation centerlines for the 1900 MHz UMTS sectors. Space diversity will not be used at this site. Sweep testing will be performed on an end to end basis for all coax's. Viaero will coordinate testing with the towe r contractor. Sweep testing res ults may be sent to [email protected] .com . It will be the tower contractor's responsibility to ensure the proper installation of all coaxial cable and antennae and that they meet all applicable test criteria. Stiffarms (tiebacks) MUST be installed on all microwave antennae as part of the initial installation .

SOW Kearney North Store, NE Page 1 of 5

Table 1 Kearney North Store, NE Antenna Name

Type

Model

Kearney Fairgrounds PRI

MW

Dragonwave 2'

4G N Sector PRI

4G

8 XA-171 063-4CF-EDIN-O

RRU

Cable Type

Action

CATS

ADD

1

LDF4 JMPR

ADD

1

1

LDF4 JMPR

ADD

90

1

1

LDF4JMPR

ADD

20

90

1

1

LDF4 JMPR

ADD

+45

20

180

1

1

LDF4 JMPR

ADD

-45

20

180

1

1

LDF4JMPR

ADD

+45

20

270

1

1

LDF4JMPR

ADD

-45

20

270

1

1

LDF4 JMPR

ADD

Polarity

CL

AZ

DT

QTY

Cable Type

Action

Polarity

CL

AZ

DT

V&H

20

96

+45

20

0

1

-45

20

0

+45

20

-45

QTY

8 4G N Sector DIV

4G

8XA- 171 063-4CF-EDIN-O

4G E Sector PRI

4G

BXA-171 OS 3-4CF-EDIN -O 8

4G E Sector DIV

4G

BXA-'171 063-4CF -EDIN -O

4G S Sector PRI

4G

8XA-171 063-4CF-EDIN-O

8 4G S Sector DIV

4G

BXA-171063-4CF-EDIN-O

4G S Sector PRI

4G

BXA-171 063-4CF-EDIN-O B

4G S Sector DIV

4G

8XA-171 063-4CF-EDIN-O

Kearney Fairgrounds, NE

RRU

Antenna Name

Type

Model

Kearney North Store PRI

MW

Drago nwave 2'

V&H

120

276

1

CATS

ADD

Kearney Campus PRI

MW

VHLP4-11 W

H

90

248

1

EW63

NC

4G NNW Sector 1900 PRI

4G

BXA-171063- 12CF-EDIN-O

+45

120

250

2

1

LDF4 JMPR

NC

- 45

110

250

2

1

LDF4 JMPR

NC

+45

120

110

2

1

LDF4 JMPR

NC

-45

110

110

2

1

LDF4JMPR

NC

+45

80

230

2

1

LDF4 JMPR

NC

-45

70

230

2

1

LDF4 JMPR

NC

NA

120

250

2

2

LDF4 JMPR

NC

8 4G NNW Sector 1900 DIV

4G

8 XA-171 063- 12CF-EDIN-O

4G ESE Sector 1900 PRI

4G

8XA-17 1063-12CF-EDIN-O 8

4G ESE Sector 1900 DIV

4G

8XA-17 1063-12CF-EDIN-0

4G SW Sector 1900 PRI

4G

8XA- 171 063-12CF-EDIN-O 8

4G SW Sector 1900 DIV

4G

BXA-171 063-12CF-EDIN-O

PCS NNW Sector

PCS

59000

A

PCS ESE Sector

PCS

59000

A

NA

120

110

2

2

LDF4 JMPR

NC

PCS SW Sector

PCS

59000

A

NA

120

230

2

2

LDF4 JMPR

NC

IV.

Tower Type Equipment will be mounted on the roof of an existing structure.

V.

Backhaul Transport to all sites wil l be by a Dragonwave radio. Path will lhave an unfaded receive signal level of -46 dBm .

VII.

Material Location Material fo r this site will be provided from the Grand Island , NE staging area. The tower will be delivered to the site and offloaded by others.

SOW Kearney North Store, NE Page 2 of 5

VIII.

Material List

TOWER INFO

Site Name: Kearney North Store NE 1900 MHz, 4-SECT, 2/2/2/2, Unlicensed 200MB, -48VDC MARK FOR: Kearney North Store NE

TOWER TYPE

Roof Mount

FOUNDATION DESIGN #Sectors #Antenna per Sector

1

Cellular Antenna Height

20

4

PART NUMBER

ANTENNA PARTS

VENDOR

QTY

PPCUXP- DM-12

7116" DIN(M), CONNECTOR FOR LDF4-50A

16

EA

ANDREW

LDF4-50

LDF4-50A 1/2" COAX FOR TOP JUMPERS

96

EA

ANDREW

a· ELECTRICAL DT

BXA-171 063-4CF-EDIN-O

ANTENNA, X-POL, 1710-2170 MHZ, 63", 16.5 dBd PANEL

4

EA

AN TEL

ANDWGB4-63

4" BOOT

4

EA

ANDREW

ANDEWSH-63

Hanger kit for EW-63 used for DC/Fiber cable to RRU's

4

EA

ANDREW

CELL SITE PARTS LIST 58213680000

NETSURE 502 48V POWER SYSTEM elw ONE RECTIFIER SHELF

1

EA

EMERSON

1R482000

RECTIFIER, NetSure 501 , 2000W (41 .7A) ,-48VDC

3

EA

EMERSON

30326-60

60 AMP BREAKER. ELECTRICAL TRIP, WHITE HANDLE, BULLET NOSE

WD2M048BBU01

BBU Box

EA

Huawei

QWMDOOWMPTOO

WCDMA Main Control Unit (4 E1 &1 Electrical FE&1 Optical FE)

EA

Huawei

GM5DOOGTMU01

Main Control and Transport unit(4E1&1 electrical FE&1 optical FE)

EA

Huawei

QWMDWBBPD100

Baseband Processing Unit (6Cell, CE:UL 192/DL192)

EA

Huawel

WD5M85MRRU02

RRU V2 for Multi-Mode 850MHz

EA

Huawei

DCDU03BOOOOO

DC Power Distribution Unit

EA

Huawei

0

EA

Huawei

4

EA

Huawei

WD5M 19MRRU02 WD5M19MRRU02

DBS3900,WD5M1A2CB1 ,MRRU Multi-mode Multi-carriers Remote Radio Unit(TX19501990MHziRX 1870-191 OMHz,-48VDC ,1.25G) [Type A] DBS3900,WD5M1A2CB1,MRRU Multi-mode Multi-carriers Remote Radio Unit(TX19501990MHziRX 1870-191 OMHz,-48VDC,1 .25G) [Type B)

0

QWMPOOOOFEOO

Ethernet Cable

2

EA

Huawei

QWMPRRUINS02

RRU Installation Materials

4

EA

Huawei

EA

Huawei

4

EA

Huawei

EA

TALLEY

WD5POINSMT03

Installation Materials for DBS3900

QW7PRRUCEP02

RRU Cable Extension Package (50m-100m)

BUD ARR1272NF 19"

19" ALUMINUM RACK, PRE DRILLED

2215250030

Newton 4" x 19" Flat Towel Bar Cable Management Double Hole Blue Lugs

4

Single hole Blue Lugs YC25L 12

GROUND WIRE C CLAMPS #6 GROUND WIRE, STRANDED, GREEN

EA

GRAYBAR

EA

CRESCENT

EA

CRESCENT

3

EA

TALLEY

16'

EA

CRESCENT

BLUE ELECTRICAL TAPE , 25' ROLL

EA

STOCK

RED ELECTRICAL TAPE, 25' ROLL

EA

STOCK

GREEN ELECTRICAL TAPE, 25' ROLL

EA

STOCK

PURPLE ELECTRICAL TAPE, 25' ROLL

EA

STOCK

YELLOW ELECTRICAL TAPE, 25' ROLL

EA

STOCK

SOW Kearney North Store, NE Page 3 of 5

ORANGE ELECTRICAL TAPE, 2S' ROLL #12 THHN TIE W IRE

620

EA

STOCK

FT

STOCK

EA

TALLEY

MICROWAVE RADIO PARTS LIST (Kearney North Store· Kearney Fairgrounds) DRGHC 010-SP-24- UF-00-CR1

DRAGONWAVE HORIZON COMPACT 24 GHZ UNLICENSED RADIO, 200 MB

DRGA-INK-HCC-DC-GL-R 1

HORIZON COMPACT DC INSTALL KIT WITH CATS CONNECTORS

EA

TALLEY

DRGA-FUP-BNW-01 0-100HC-T

HORIZON COMPACT UPGRADE 10 MBPS- 200 MBPS

EA

TALLEY

FT

STOCK

EA

MNI

EA

ANDREW

EA

TALLEY

CATS ETHERNET CABE WITH CONNECTORS 99006S3-00

170

FUSE PANEL. TRIMM 7S70019291, +/- 4 8/24V

MICROWAVE I LINE PARTS (Kearney North Store· Kearney Fairgrounds)

RDWHP2-24DW2

24 - 24.5 GHZ TUNED 2' MW ANTENNAE

MICROWAVE RADIO PARTS LIST (Kearney Fairgrounds- Kearney North Store) DRGHC 010-SP-24-UF-00-CR1

DRAGONWAVE HORIZON COMPACT 24 GHZ UNLICENSED RADIO, 200MB

DRGA-INK-HCC-DC-GL-R 1

HORIZON COMPACT DC INSTALL KIT WITH CATS CONNECTORS

EA

TALLEY

DRGA-FUP-BNW-0 10- 100HC-T

HORIZON COMPACT UPGRADE 10 MBPS - 200 MBPS

EA

TALLEY

FT

STOCK

EA

MNI

EA

ANDREW

CAT 5 ETHERNET CABE W ITH CONNECTORS 9900653-00

FUSE PANEL, TRIMM 7S70019291, +/- 48/24V

170

MICROWAVE I LINE PARTS (Kearney Fairgrounds- Kearney North Store)

RDWHP2-24DW2

24 - 24.S GHZ TUNED 2' MW A NTENNAE

SOW Kearney North Store 1 NE Page 4 of 5

Viaero Standard Color Coding

4 Sector

White:

West

Red:

East

Blue:

North

Green:

South

3 Sector

Blue:

NE

Green :

SE

White:

West

Number of Bands (Stripes)

1 2 3

Left Right Middle

Left refers to position on the tower as observed from the top of the tower. Example:

The West Sector middle antenna in a 4 Sector site would be coded as 3 White stripes. The Right antenna in the SE (South East) Sector of a 3 Sector site would be coded as 2 Green stripes.

SOW Kearney North Store, NE Page 5 of 5

Site Name: Kearney North Store NE 1900 MHz, 4-SECT, 2/2/2/2, Unlicensed 200MB, -48VDC MARK FOR: Kearney North Store NE

TOWER INFO TOWER TYPE FOUNDATION DESIGN #Sectors # Antenna per Sector Cellular Antenna Height

Roof Mount

PART NUMBER

ANTENNA PARTS

~

1 20

QTY

PPCUXP-DM-12

7/16" DIN(M), CONNECTOR FOR LDF4-50A

16

EA

LDF4-50

LDF4-50A 1/2" COAX FOR TOP JUMPERS

96

EA

BXA-171 063-4CF-EDIN-O

ANTENNA, X-POL, 171 0 -2170 MHZ, 63' , 16.5 dBd PANEL 0' ELECTRICAL DT

4

EA

ANDWGB4-63

4"BOOT

4

EA

ANDEWSH-63

Hanger kit for EW-63 used for DC/Fiber cable to RRU's

4

EA

CELL SITE PARTS LIST 58213680000

NETSURE 502 48V POWER SYSTEM e/w ONE RECTIFIER SHELF

1R482000

RECTIFIER , NetSure 501 , 2000W (41 .7A) ,-48VDC

EA

3

EA

30326-60

60 AMP BREAKER, ELECTRICAL TRIP, WHITE HANDLE, BULLET NOSE

WD2M048BBU01

BBU Box

EA

QWMDOOWMPTOO

WCDMA Main Control Unit (4 E1&1 Electrical FE&1 Optical FE)

EA

GM5DOOGTMU01

Main Control and Transport unit(4E1&1 electrical FE&1 optical FE)

EA

QWMDWBBPD100

Baseband Processing Unit (6Cell, CE:UL192/DL192)

WD5M85MRRU02

RRU V2 for Multi-Mode 850MHz

EA 0

EA

DCDU03BOOOOO

DC Power Distribution Unit

WD5M19MRRU02

DBS3900,WD5M1A2CB1 ,MRRU Multi-mode Multi-carriers Remote Radio Unit(TX19501990MHz/RX1870-191 OMHz,-48VDC, 1.25G) [Type A]

0

EA

WD5M19MRRU02

DBS3900,W05M1A2CB1 ,MRRU Multi-mode Multi-carriers Remote Radio Unit(TX19501990MHz/RX1870-191 OMHz,-48VDC, 1.25G) [Type B]

4

EA

QWMPOOOOFEOO

Ethernet Cable

2

EA

QWMPRRUINS02

RRU Installation Materials

4

EA

WD5PO INSMT03

Installation Materials for DBS3900

QW7PRRUCEP02

RRU Cable Extension Package (50m- 100m)

BUD ARR1272NF 19"

19" ALUMINUM RACK, PRE DRILLED

2215250030

Newton 4" x 19" Flat Towel Bar Cable Management Double Hole Blue Lugs

EA

EA 4

EA EA

4

GROUND W IRE C CLAMPS #f5 GROUND W IRE, STRANDED, GREEN

EA EA

Single hole Blue Lugs YC25 L12

EA

3

EA

16'

EA

BLUE ELECTRICAL TAPE, 25' ROLL

EA

RED ELECTRICAL TAPE , 25' ROLL

EA

GREEN ELECTRICAL TAPE, 25' ROLL

EA

PURPLE ELECTRICAL TAPE, 25' ROLL

EA

YELLOW ELECTRICAL TAPE, 25' ROLL

EA

ORANGE ELECTRICAL TAPE, 25' ROLL

EA

#12 THHN TIE W IRE

620

FT

MICROWAVE RADIO PARTS LIST (Kearney North Store- Kearney Fairgrounds) DRGHC 01 0-SP-24-UF-00-C-R DRAGONWAVE HORIZON COMPACT 24 GHZ UNLICENSED RADIO, 200MB

EA

DRGA-INK-HCC-DC-GL-R1

EA

HORIZON COMPACT DC INSTALL KIT WITH CATS CONNECTORS

EA

DRGA-FUP-BNW-010-100-HC- HORIZON COMPACT UPGRADE 10 MBPS- 200 MBPS CAT 5 ETHERNET CABE W ITH CONNECTORS 9900653-00

170

FUSE PANEL, TRIMM 7570019291, +I- 48/24V

FT EA

MICROWAVE I LINE PARTS (Kearney North Store- Kearney Fairgrounds) 24- 24.5 GHZ TUNED 2' MW ANTENNAE

EA

MICROWAVE RADIO PARTS LIST (Kearney Fairgrounds- Kearney North Store) EA

DRGHC 010-SP-24-UF-00-C-R DRAGONWAVE HORIZON COMPACT 24 GHZ UNLICENSED RADIO , 200MB DRGA-INK-HCC-DC-GL-R1

HORIZON COMPACT DC INSTALL KIT WITH CATS CONNECTORS

EA

DRGA-FUP-BNW-010-100-HC- HORIZON COMPACT UPGRADE 10 MBPS- 200 MBPS CAT 5 ETHERNET CABE WITH CONNECTORS 9900653-00

FUSE PANEL, TRIMM 7570019291 , +/- 48/24V

EA

170

FT EA

MICROWAVE I LINE PARTS (Kearney Fairgrounds- Kearney North Store) RDWHP2-24DW2

24 - 24.5 GHZ TUNED 2' MW ANTENNAE

EA

EXHIBIT E

Archway Village from W. 42"d Street

Archway Village - Suite A - VIAERO WIRELESS

EXHIBIT F

Archway Village Rooftop looking Southeast

Archway Village Rooftop looking Northwest

EXHIBIT G

Example of Padmount Antennas

EXHIBITH

Location of Rooftop Antennas W. 42"d Street View

\

EXHIBIT I

Location of Rooftop Antennas Topside View N

)

.

w "'

.. .

:~

EXHIBIT J

Location of Padmount Antennas North Half Rooftop looking East

"

-

-

..

'

\

• \



PLANNING COMMISSION MEMO ITEM NOS. 5, 6, 7 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Rezoning, Preliminary and Final Plat –Austin Estates Sixth Addition

PRESENTER:

Craig Bennett – Miller & Associates Consulting Engineers

Discussion: The applicant is requesting approval to rezone and subdivide a one-lot subdivision for rural residential housing with a Preliminary Plat that will provide for additional lots in the future when a viable access point can be provided to serve the additional development. The property is located on the north side of 66th Street approximately 1,000 feet west of 2nd Avenue. A portion of the property is already suitably zoned, but additional land needs to be rezoned to meet the developer’s intent. Rezoning Approximately 2.58 acres of the proposed rural residential lot is currently zoned RR-1, Rural Residential District with Rural Standards. An additional 4.42 acres needs to be rezoned from AG to RR-1 to encompass all of the land area as RR-1 in the proposed lot which consists of 7.00 acres total. The Future Land Use Map of the City of Kearney Comprehensive Development Plan depicts the land use category for this property as “Low Density Residential.” Therefore, no amendments are required to the Land Use Map. Subdivision Plats The Preliminary Plat for this property consists of seven lots and two outlots reserved for drainage, all on 35.85 acres. The Final Plat to be known as Austin Estates Sixth, consists of one buildable lot, one Outlot, and road right-of-way for a future street. Lot 1 contains 7.00 acres and Outlot A contains 3.44 acres. A significant drainage channel traverses this property and portions of the property are contained in the 100-year floodplain. The arrangement of outlots in this layout, as with past phases of Austin Estates, contain the floodplain and carry the stormwater. This is the sixth subdivision in the Austin Estates development. Nine lots have been approved in Austin Estates previous subdivisions. All of the lots in this area take singular access to Highway 10/2nd Avenue via 66th Street Place and 68th Street Place, two long cul-de-sacs. Staff has expressed concern with each phase of Austin Estates regarding the single access point to this area. This is a scenario similar to Rolling Hills or Talmadge Street where the area continues to grow without adequate emergency access. The lot under consideration today is some 2,600 feet from the highway. The other lots are similarly served by excessively long culde-sacs. Staff has made the Developer aware that no additional lots will approved for final platting until a second means of access is established. Therefore, Austin Estates Sixth allows for only one buildable lot; the southerly lot 1 comprising 3.62 acres, and the north lot 2 containing 3.20 acres. These lots take access from a 50-foot wide ingress-egress easement

off of 66th Street that terminates in a cul-de-sac bulb. There is a significant amount of stormwater drainage through this area and the 100-year floodplain is adjacent to these lots on the west side. The floodplain encroaches some 30 to 40 feet into Lot 1 but will not affect the ability to build a home on the lot. No Public Works Plan is required. A Subdivision Agreement will be prepared by the City to address the moratorium on platting until a second access point is provided. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of the rezoning request and subdivision plats with the execution of the Subdivision Agreement recognizing that no additional lots will final platted until a second means of access that is approved by the City Council and constructed.

"We provide services, solutions, and opportunities for our community."

For Office Use Only Rezoning File Number: Subdivision File Number: Date Filed: Fee: Receipt No. : Revised I0-13

APPLICATION FOR REZONING

If you have any questions about this application form, please contact the City Planner, 233-3254 or the Development Coordinator, 233-3227.

Applicant/Agent's Name: -=C:..:..ra =ic;zg-=B:...:e:.:. n:.n:.= :. e..:.: tt_ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ __ _ _ __ Applicant/Agent's Address: Phone No.:

308-234-6456

Owner's Name: Owner's Address: Phone No.:

Miller & Associates Consulting Engineers, P.C., 1111 Cental Avenue, Kearney E-Mail:

___;;_cb;.; _e;; . ;,n-"-n""'ett:'-'-' [email protected]"'m-'-'-"-'il "er "'' -e .::.;n""'g""in"-e::..:e;.;..rs.::.;.""'co.:;,;m,;_;__ __ _ __ _ _ __ _ _ __

Aaron Broadfoot and Austin Broadfoot 6560 Second Avenue, Keanrey, NE 68845

(308) 233-4168

E-Mail:

[email protected]

The Land Use Map shows this area to be: --=L-"'ow -'-'---'D =-e;;;..;,n-'-'s"-it.._y-'-R-'-'e:...:s"id"-'e;.;..n'-" ti~a'-1_ _ _ _ __ _ _ __ _ _ __ __ _ __ L..;_ ow .;,.;._D_e_n_;s_it.L.y_R_e_s_id_e_n_ti_a_l- -- -- - - - - -- -- - - - - The Land Use Map needs to be amended to: __ Application is hereby filed to rezone from District:

AG

to District:

RR-1

~~-"-----------

Legal Description of Property to be Rezoned (Use separate sheet if necessary): See Attached North of West 68th St. & East of future 8 1h Ave.

Address or general location of property to be rezoned: Total number of acres to be rezoned : Adjacent zoning to the North:

AG

4.42 Acres

~~~~~------------------------

~~----

South :

RR-1

~~----

East:

RR-1

West:

AG

~~-------

Description of the reason for the rezoning application and the nature and operating characteristics of the proposed use: Single family home REZONING APPLICATION CHECKLIST

cg) cg)

Certified copy of the last deed or document of record from the Register of Deed's Office Map showing area to be rezoned (8 % x 11)

Owner's signature

Date

Applicant's signature (If different than property owner, Applicant certifies by signature that s/he is the authorized agent of the property owner.)

We provide services, solutions, and opportunities for our community

G: \Projects\130\130-P128-014\Piats\Austin Estates Sixth-Rezoning Plat.dwg

PLOTTED: 5 30 2014 1: 5JlA\tiD: 5 29 2014 4: 01 PM Andrew C. Olson

-ZONING IIAPmilS I8UIIS 8IDB :·I :·II ' f: ·I I I , A TRACT OF LAND BEING PART OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 9 NORTH, RANGE 16 WEST OF THE SllTH P.K., BUFFALO COUNTY, NEBRASKA NE COft NE1~ , SEC. 2.l-9-16 --------- _______15_9_0.66_(~_)_________ . . --y 88 57

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NORTHWEST CORNER OF THE NORTHEAST QUARTER

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_ /_ /_, .- __·: _____ ~--~-/~--~-~~~ ---------~~1/~~~ IC£ARNEY, NE 118847

For Office Use Only File Number: Date Filed: Fee: Total Paid:

CITY OF KEARNEY

Receipt No.:

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$84.00 + $1 .00 !2er lot

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Revised 10-13

PRELIMINARY PLAT APPLICATION If you have any questions about this application form, please contact the Development Coordinator at 233-3227

Applicant's Name: --=C:..:..r=.ai""g-=B::...:e:..:.n.:..:..n:..::ec.:..:tt' - - - - - - -- - - - - - - -- - - -- - - - -- - -- - - -- -Applicant's Address: Miller & Associates Consulting Engineers, P.C., 1111 Cental Avenue, Kearney, NE 68847 Phone No. 308-234-6456 E-Mail : --=:c=be::.:n.:. n.:.:e:.c:tt:s:@:.:.:m :. ..:..:.:.:.: il .::.er:....·e::.:n..:.;gz::in:..::e::..:e:..:..rs::.:·..::co::.:m:.:...:__ __ _ _ _ __ _ __ _ _ __ __ Owner's Name: Aaron Broadfoot and Austin Broadfoot Owner's Address:

6560 Second Avenue, Keanrey, NE 68845

Phone No. (308) 2334168 E-Mail: --=tb:..:..:ro::..:a:.::d:.:..:fo:.::[email protected]=ke::..:a::.:..:rn:..:..:e:-~.Y..:..:. · n:..::e:.:... t - -- - - - - - - -- -- - - -- Number of Lots: "C Size of Subdivision in Acres: __:::3.:::5.:.:.8:..=5~A ..::c:..:r.:::e: : . s- - - - - -- - - - - -- - - General location of property to be developed: North of West 68th St. & East of future 8th Ave.

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Subdivision name exactly as to be recorded:

......:... A:.::u.::.st::..:.in.:...E=s::.:t:.::a.:.:te:..::s-=S::..::ixt:..:.::..:h....:S:..::u:..::b.:::d.:..: iv.:.:is::.:io:..:..n:..___ _ _ _ _ _ _ __ _ _ _ _ __

PRELIMINARY PLAT REQUIREMENTS

[8] Certified copy of the last deed or document of record from the Register of Deed's Office if application is not part of a rezoning application

[8] Proposed name of subdivision; name, address of developer, owner and firm who prepared the plat. [8] Location map showing boundary lines of the subdivision with reference to section, township and range lines. [8] Identify surrounding property, railroad right-of-w ay, utility easements, parks, public open space, driveway; city limits, existing subdivisions, and other features within one hundred fifty (150) feet of the subdivision boundary.

[8] Date of original and all revisions, present and proposed zoning, acreage of tract, north arrow and bar scale. [8] Metes and bounds description, including dimensions, bearings, curve data, tangent length, radii , arcs, chords, and central angles for all centerlines and rights-of-way, and centerline curves on streets. ~ Proposed arrangement of lots, blocks, lot dimensions, and lot areas in square feet or acreage and new block and lot numbers. ~ Property lines within one hundred fifty (150) feet of subject property; proposed width and street names; road and paving

cross-sections; dimensioning of setbacks. ~ Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed

rights-of-way, easements and pedestrian ways.

0

Phasing Plan if applicable.

[8] Existing rights-of-way and easements and all existing water courses, floodplains, wetlands, habitat areas or other environmentally sensitive features within one hundred fifty (150) feet. ~ Topography at two (2) foot contours including areas up to one hundred fifty (150) feet of the plat boundaries.

~ Existing site drainage system. ~ Concept Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving

the proposed subdivision, including lighting, storm water management and detention .

0

Draft Subdivision Agreement (if applicable) including improvement financing plans, including sources of funding (private, assessments, public, Sanitary and Improvement Districts, and other sources).

~ Required number of copies of Plat document - three (3) full size Plats (required minimum scale- 1"

[8] [8]

= 200') and one (1) 8% "x 11" reduced copy of Plat. Electronic file in the portable document format (pdf); all sheets shall be converted to pdf at full size of original documents to City of Kearney. Subdivider shall contact all utility companies and dedicate easements when needed and submit Utilities Comment Form.

Owner's signature

~Q. ~

Date

Applicant's signature (If different than property owner, Applicant certifies by signature that s/he is the authorized agent of the property owner.)

LEGEND

LEGAL DESCRIPTION A tract of land being part of the Northeast Quarter (NE 1/4) of Section Twenty Three (23), Township Nine (9) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska being more particularly described as follows: BEGINNING at a 3/4" Iron Pipe at the Northwest corner of the Northeast Quarter of Section 23, and assuming the West line of said Northeast Quarter as bearing S 00°24'29" E and all bearings contained herein are relative thereto; thence S 00°24'29" E on said West line a distance of 968.93 feet to a 5/8" Rebar with cap on the Northerly Right-of-Way of 68th Street and the Northwest corner of Austin Estates Fourth Subdivision, as platted in Buffalo County, Nebraska; thence N 89°35'12" E on said Northerly Right-of-Way a distance of 705.55 feet to a 5/8" Rebar with cap, and the beginning of a tangent curve to the Right having a a radius of 233.00 feet, a central angle of 48°55'12", an arc length of 198.94 feet, and a chord bearing S 65°57'13" E a distance of 192.95 feet to a 5/8" Rebar with cap; thence continuing on said Northerly Right-of-Way tangent to said curve S 41°29'37" E a distance of 354.12 feet to a 5/8" Rebar with cap, and the beginning of a tangent curve to the Right having a a radius of 233.00 feet, a central angle of 19°23'25", an arc length of 78.85 feet, and a chord bearing S 31°47'54" E a distance of 78.48 feet to a 5/8" Rebar with cap on the Westerly line of Austin Estates Fifth Subdivision, as platted in Buffalo County, Nebraska; thence non-tangent to said curve and leaving said Northerly Right-of-Way N 42°21'54” E on said Westerly line a distance of 170.22 feet to a 5/8" Rebar with cap; thence N 27°55'40” E continuing on said Westerly line a distance of 204.07 feet to a 5/8" Rebar with cap; thence N 07°31'11” E continuing on said Westerly line a distance of 98.05 feet to a 5/8" Rebar with cap; thence N 18°26'52” W continuing on said Westerly line a distance of 177.52 feet to a 5/8" Rebar with cap; thence N 15°46'52” E continuing on said Westerly line a distance of 107.04 feet to a 5/8" Rebar with cap; thence N 00°16'14” W continuing on said Westerly line a distance of 63.22 feet to a 5/8" Rebar with cap; thence N 31°59'25” W continuing on said Westerly line a distance of 114.53 feet to a 5/8" Rebar with cap; thence N 32°55'56” E continuing on said Westerly line a distance of 71.04 feet to a 5/8" Rebar with cap; thence S 84°41'43" E continuing on said Westerly line a distance of 99.83 feet to a 5/8" Rebar with cap; thence N 66°35'56" E continuing on said Westerly line a distance of 169.43 feet to a 5/8" Rebar with cap at the Northeast corner of said Austin Estates Fifth Subdivision; thence N 00°21'25" W a distance of 450.79 feet to a 5/8" Rebar with cap on the North line of said Northeast Quarter; thence S 88°57'00" W on said North line a distance of 1590.66 feet to the Point of Beginning. Containing 35.85 acres, more or less.

NORTHWEST CORNER OF THE NORTHEAST QUARTER SECTION 23, T9N, R16W. FOUND 3/4" IRON PIPE ON WEST SIDE BLM BRASS CAP IN FENCE LINE SOUTH. NW 23.75' NAIL IN TOP OF FENCE POST W 6.8' FENCE LINE NORTH E 4.8' FENCE LINE SOUTH NORTHEAST CORNER OF THE NORTHEAST QUARTER SECTION 23, T9N, R16W. FOUND P.K. NAIL IN CENTER OF "+" CHISELED IN CONCRETE. SW 96.9' "X" IN NEAR SURFACE OF 8" DIA. STEEL FENCE CORNER POST W 72.3' "X" IN TOP OF CONCRETE R.O.W. MARKER E 94.65' "X" IN TOP OF CONCRETE R.O.W. MARKER SW 135.33' FOUND R. ROD NE 159.5' FOUND R. ROD

NOTES

This plat prepared May 29th, 2014 for Aaron Broadfoot Austin Broadfoot 6560 2nd Avenue Kearney, NE 68845 Current Zoning - AG Proposed Zoning - RR-1

For Office Use Only File Number:

ill

Date Filed: Fee: Total Paid:

CITY OF KEARNEY

Receipt No.:

~'\-~'\ l~~\ 14 $142.00 + $1.00 ~er lot

~ } ~"' . (:)~

~ '-\S\~~

Revised I0-13

FINAL PLAT APPLICATION

If you have any questions about this application form, please contact the Development Coordinator at 233-3227

Applicant's Name: ____::C. :. ;ra::.:ig,;z__:;:B-=e.:. .:n:. .:. ne:: . :t :.: . . __ __ _ _ _ _ _ _ _ _ _ __ _ __ _ __ _ _ _ _ _ _ _ __ __ Applicant's Address: Phone No.

308-234-6456

Owner's Name:

---=.:cb::.ce:. :.n:. .:. n:.: e. :.:t .,[email protected]"'-m.:. .:J:.:c. l e: :. :r'--e::. :n. :,;gz.:.:.in. :. ;e:. :e:. :. .rs::. :.-=.co::. :m. :. :__ _ _ __ _ _ _ _ _ _ _ __ _ __

6560 Second Avenue, Keanrey, NE 68845

{308) 233-4168

Number of Lots:

E-Mail:

Aaron Broadfoot and Austin Broadfoot

Owner's Address: Phone No.

Miller & Associates Consulting Engineers, P.C., 1111 Cental Avenue, Kearney, NE 68847

2

E-Mail:

[email protected]

--~~~~~~~----------------------

Size of Subdivision in Acres:

Is the property located outside City limits? Yes 18] NoD Address/location of property to be developed: Subdivision name exactly as to be recorded:

11 .05 Acres

~~~~~----------------

Does the property need to be annexed? Yes D No 18]

North of West 68th St. & East of future 8th Ave. Austin Estates Sixth Subdivision

~~~~~~~~~~~~-----------------

Final Plat Check List [8J Certified copy of the last deed of record from the Register of Deed's Office if application is not part of a rezoning or [8J [8J [8J [8J

preliminary plat application Proposed name of subdivision; name, address of developer, owner and firm who prepared the plat. Location map, showing boundary lines of the subdivision with reference to section, township and range lines. Date of original and all revisions, acreage of tract, north arrow and bar scale.

Existing monumentation including bearings and distances to reference points or monuments; metes and bounds description, including dimensions, bearings, curve data, tangent length, radii, arcs, chords, and central angles for all centerlines and rights-of-way, and centerline curves on streets sufficient to reproduce the plat on the ground . [8J Dimensions of building setback lines on front and side streets; proposed width and street names; dimensioning of setbacks. [8J Proposed arrangement of lots, blocks, lot dimensions and lot areas in square feet or acreage with new block and lot numbers. [8J Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed rights-of-way, easements and pedestrian ways. D

Drainage calculations and percolation tests if needed; Phasing Plan (if applicable).

[8J Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving the proposed subdivision including lighting, storm water management and detention. D

[8J [8J [8J [8J [8J

Final Subdivision Agreement (if applicable); improvement financing plans including sources of funding (private, assessments, public, Sanitary and Improvement Districts, and other sources). Subdivider shall contact all utility companies and dedicate easements when needed and submit Utilities Comment Form . Required number of copies of Plat document - three (3) full size (Required minimum scale 1" 100') and one (1) 8 Yz x 11 reduced copy of Plat. Appropriate signature and certification blocks- see Chapter 53, Table 53-1, of the Code of the City of Kearney Fully executed 18x24 inch submission on Mylar or similar print of Final Plat to appropriate County Register of Deeds and City of Kearney. Electronic file in the portable document format (pdf) and all sheets shall be converted to pdf at full size of original documents to City of Kearney.

Owner's signature

=

Date

Applicant's signature Applicant certifies by signature that S/he is the authorized agent of the property owner.

LEGEND

SURVEYOR'S CERTIFICATE SECTION CORNER TIES NORTHWEST CORNER OF THE NORTHEAST QUARTER SECTION 23, T9N, R16W. FOUND 3/4" IRON PIPE ON WEST SIDE BLM BRASS CAP IN FENCE LINE SOUTH. NW 23.75' NAIL IN TOP OF FENCE POST W 6.8' FENCE LINE NORTH E 4.8' FENCE LINE SOUTH

NORTHEAST CORNER OF THE NORTHEAST QUARTER SECTION 23, T9N, R16W. FOUND P.K. NAIL IN CENTER OF "+" CHISELED IN CONCRETE. SW 96.9' "X" IN NEAR SURFACE OF 8" DIA. STEEL FENCE CORNER POST W 72.3' "X" IN TOP OF CONCRETE R.O.W. MARKER E 94.65' "X" IN TOP OF CONCRETE R.O.W. MARKER SW 135.33' FOUND R. ROD NE 159.5' FOUND R. ROD

I, Chad Dixon, Nebraska Professional Registered Land Surveyor No. 672, do hereby certify that the survey on "AUSTIN ESTATES SIXTH SUBDIVISION", located in part of the Northeast Quarter of (NE1/4) of Section Twenty-Three (23), Township Nine (9) North, Range Sixteen (16) West of the 6th Principal Meridian, Buffalo County, Nebraska, was performed was performed by Todd Schepler, S.I.T. No. 241, under my direct supervision, the lots are well and accurately staked off and marked, the dimensions of the lots are as shown on the above plat, the lots bear their own number, and that the survey was made using known and recorded monuments. All information shown on the above plat is accurate and correct to the best of my knowledge and belief. (S E A L)

_______________________________________ Chad Dixon Nebraska Professional Registered Land Surveyor No. 672 Date ____________________

LS-672

NOTES

This plat prepared May 29th, 2014 for Aaron Broadfoot Austin Broadfoot 6560 2nd Avenue Kearney, NE 68845 Current Zoning - AG Proposed Zoning - RR-1

LEGAL DESCRIPTION A tract of land being part of the Northeast Quarter (NE 1/4) of Section Twenty Three (23), Township Nine (9) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska being more particularly described as follows: Referring to a 3/4" Iron Pipe at the Northwest corner of the Northeast Quarter of Section 23, and assuming the West line of said Northeast Quarter as bearing S 00°24'29" E and all bearings contained herein are relative thereto; thence S 00°24'29" E on said West line a distance of 968.93 feet to a 5/8" Rebar with cap on the Northerly Right-of-Way of 68th Street and the Northwest corner of Austin Estates Fourth Subdivision, as platted in Buffalo County, Nebraska; thence N 89°35'12" E on said Northerly Right-of-Way a distance of 543.97 feet to a 5/8" Rebar with cap and the POINT OF BEGINNING; thence continuing N 89°35'12" E on said Northerly Right-of-Way a distance of 161.59 feet to a 5/8" Rebar with cap, and the beginning of a tangent curve to the Right having a a radius of 233.00 feet, a central angle of 48°55'12", an arc length of 198.94 feet, and a chord bearing S 65°57'13" E a distance of 192.95 feet to a 5/8" Rebar with cap; thence continuing on said Northerly Right-of-Way tangent to said curve S 41°29'37" E a distance of 354.12 feet to a 5/8" Rebar with cap, and the beginning of a tangent curve to the Right having a a radius of 233.00 feet, a central angle of 19°23'25", an arc length of 78.85 feet, and a chord bearing S 31°47'54" E a distance of 78.48 feet to a 5/8" Rebar with cap on the Westerly line of Austin Estates Fifth Subdivision, as platted in Buffalo County, Nebraska; thence non-tangent to said curve and leaving said Northerly Right-of-Way N 42°21'54” E on said Westerly line a distance of 170.22 feet to a 5/8" Rebar with cap; thence N 27°55'40” E continuing on said Westerly line a distance of 204.07 feet to a 5/8" Rebar with cap; thence N 07°31'11” E continuing on said Westerly line a distance of 98.05 feet to a 5/8" Rebar with cap; thence N 18°26'52” W continuing on said Westerly line a distance of 177.52 feet to a 5/8" Rebar with cap; thence N 15°46'52” E continuing on said Westerly line a distance of 107.04 feet to a 5/8" Rebar with cap; thence N 00°16'14” W continuing on said Westerly line a distance of 63.22 feet to a 5/8" Rebar with cap; thence N 31°59'25” W continuing on said Westerly line a distance of 114.53 feet to a 5/8" Rebar with cap; thence N 32°55'56” E continuing on said Westerly line a distance of 23.99 feet to a 5/8" Rebar with cap; thence leaving said Westerly line S 89°38'13" W a distance of 764.69 feet to a 5/8" Rebar with cap; thence S 00°21'47" E a distance of 440.96 feet to the Point of Beginning. Containing 11.05 acres, more or less.

APPROVAL OF KEARNEY, NEBRASKA, CITY PLANNING COMMISSION The undersigned, _____________________________(name), Chairperson or Vice Chairperson of the City Planning Commission of the City of Kearney, Buffalo County, Nebraska, does hereby certify that the foregoing plat of "AUSTIN ESTATES SIXTH SUBDIVISION" , a tract of land being part of the Northeast Quarter (NE1/4) of Section 23, Township 9 North, Range 16 West of the Sixth P.M., Buffalo County, Nebraska, was submitted to the Kearney, Nebraska, Planning Commission for a public meeting and review and that recommendation by the Kearney, Nebraska, Planning Commission was made to the City Council on the _______ day of ____________________, 20___. _________________________________ Chairperson or Vice Chairperson APPROVAL OF KEARNEY, NEBRASKA, CITY COUNCIL The above and foregoing plat was submitted to the City Council in and for the City of Kearney, Buffalo County, Nebraska, and duly considered by this Council at its regular meeting assembled on the ______ day of __________________, 20___, and upon motion duly made and recorded, the same was approved in accordance with the requirements of Section 19-916, Nebraska Revised Statutes of 1943 (Reissue 1987), in all respects by a majority vote of the members of such council. Dated this _______ day of ____________________, 20___.

_________________________________ MICHAELLE E. TREMBLY CITY CLERK

Dated this _______ day of ____________________, 20___. _________________________________ Aaron Broadfoot, a single person

Dated this _______ day of ____________________, 20___. _________________________________ Austin Broadfoot, a single person

ACKNOWLEDGMENTS STATE OF ____________) S.S. COUNTY OF ___________) The foregoing instrument was acknowledged before me this ______ day of __________________, 20___, by Aaron Broadfoot. _________________________________ (S E A L) Notary Public My commission expires _________________

STATE OF ____________) S.S. COUNTY OF ___________) The foregoing instrument was acknowledged before me this ______ day of __________________, 20___, by Austin Broadfoot.

_________________________________ STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

ATTEST:

DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Aaron Broadfoot and Austin Broadfoot are the sole owner(s) or Lien Holder(s) of the land described hereon. Said owners and lien holders have caused the same to be surveyed, subdivided, platted and designated as "AUSTIN ESTATES SIXTH SUBDIVISION", a tract of land being part of the Northeast Quarter (NE1/4) of Section 23, Township 9 North, Range 16 West of the Sixth P.M., Buffalo County, Nebraska, and said owners and lien holders hereby ratify and approve the disposition of their property as shown on the above plat, and hereby dedicate to the use and benefit of the public, the streets and utility easements as shown upon said plat, and acknowledge said addition to be made with the free consent and in accord with the desires of said owners and lien holders.

_________________________________ (S E A L) Notary Public My commission expires _________________

(S E A L)

RESOLUTION NO. _________ BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of "Austin Estates Sixth Subdivision", A tract of land being part of the Northeast Quarter (NE 1/4) of Section Twenty Three (23), Township Nine (9) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska being more particularly described as follows: Referring to a 3/4" Iron Pipe at the Northwest corner of the Northeast Quarter of Section 23, and assuming the West line of said Northeast Quarter as bearing S 00°24'29" E and all bearings contained herein are relative thereto; thence S 00°24'29" E on said West line a distance of 968.93 feet to a 5/8" Rebar with cap on the Northerly Right-of-Way of 68th Street and the Northwest corner of Austin Estates Fourth Subdivision, as platted in Buffalo County, Nebraska; thence N 89°35'12" E on said Northerly Right-of-Way a distance of 543.97 feet to a 5/8" Rebar with cap and the POINT OF BEGINNING; thence continuing N 89°35'12" E on said Northerly Right-of-Way a distance of 161.59 feet to a 5/8" Rebar with cap, and the beginning of a tangent curve to the Right having a a radius of 233.00 feet, a central angle of 48°55'12", an arc length of 198.94 feet, and a chord bearing S 65°57'13" E a distance of 192.95 feet to a 5/8" Rebar with cap; thence continuing on said Northerly Right-of-Way tangent to said curve S 41°29'37" E a distance of 354.12 feet to a 5/8" Rebar with cap, and the beginning of a tangent curve to the Right having a a radius of 233.00 feet, a central angle of 19°23'25", an arc length of 78.85 feet, and a chord bearing S 31°47'54" E a distance of 78.48 feet to a 5/8" Rebar with cap on the Westerly line of Austin Estates Fifth Subdivision, as platted in Buffalo County, Nebraska; thence non-tangent to said curve and leaving said Northerly Right-of-Way N 42°21'54” E on said Westerly line a distance of 170.22 feet to a 5/8" Rebar with cap; thence N 27°55'40” E continuing on said Westerly line a distance of 204.07 feet to a 5/8" Rebar with cap; thence N 07°31'11” E continuing on said Westerly line a distance of 98.05 feet to a 5/8" Rebar with cap; thence N 18°26'52” W continuing on said Westerly line a distance of 177.52 feet to a 5/8" Rebar with cap; thence N 15°46'52” E continuing on said Westerly line a distance of 107.04 feet to a 5/8" Rebar with cap; thence N 00°16'14” W continuing on said Westerly line a distance of 63.22 feet to a 5/8" Rebar with cap; thence N 31°59'25” W continuing on said Westerly line a distance of 114.53 feet to a 5/8" Rebar with cap; thence N 32°55'56” E continuing on said Westerly line a distance of 23.99 feet to a 5/8" Rebar with cap; thence leaving said Westerly line S 89°38'13" W a distance of 764.69 feet to a 5/8" Rebar with cap; thence S 00°21'47" E a distance of 440.96 feet to the Point of Beginning. Containing 11.05 acres, more or less, Buffalo County, Nebraska duly made out, acknowledged and certified, and the same hereby is approved in accordance with the terms and requirements of Sections 16-901 through 16-904 inclusive, R.R.S. 1943 (as amended) be accepted and ordered filed and recorded in the Office of the Register of Deeds, Buffalo County, Nebraska. BE IT FURTHER RESOLVED that the Subdivision Agreement, marked as Exhibit “A” attached hereto and made a part hereof by reference, be and is hereby approved and that the President of the Council be and is hereby authorized and directed to execute said agreement on behalf of the City of Kearney, Nebraska. Said Subdivision Agreement shall be filed with the final plat with the Buffalo County Register of Deeds. BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska.

PASSED AND APPROVED THIS 12TH DAY OF MARCH, 2013.

ATTEST:

MICHAELLE E. TREMBLY CITY CLERK

STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

(S E A L)

Rodehorst Dr.

W 66th Street

PLANNING COMMISSION MEMO ITEM NO. 8 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Conditional Use Permit - Telecommunications Tower for Verizon at the Kearney Cinema 8 Location 220 3rd Avenue

PRESENTER:

Justin Owen – Verizon Wireless

Discussion: The applicant is requesting approval of a Conditional Use Permit (CUP) to install a 180-foot tall monopole telecommunications tower and associated equipment for Verizon Wireless at the Cinema 8 Movie Theater site. The ground shelter that will house mechanical equipment is 265 square feet. The property is zoned M-1. A complete CUP application package has been submitted. Staff has reviewed this application and offers the following comments: a) If approved as presented, the tower will be located in the southwest corner of the movie theater parking lot. b) The proposed site is set well back from the public street, screened from ground level view by the theater building and the vegetation along Turkey Creek. c) The proposed tower location is in the 100-year floodplain. It must be constructed at least one foot above the base flood elevation. d) According to Verizon RF Engineers this site is necessary to relieve capacity issues in south Kearney especially around the Younes Conference Center. The engineers have submitted coverage maps that show existing service area and improved service area if the tower is approved at this location. e) The requested height at 180 feet is based on matching the existing Verizon service elevation established in Kearney. f) When possible, locating facilities on existing towers, buildings, elevators, or other tall structures is preferable to erecting new towers. The Ordinance requires the applicant to investigate opportunities to co-locate on existing structures and sets forth a hierarchy of preferred site rankings with public property being the most desirable and residential property least desirable. The proposed site is zoned M-1 which is the second most preferable category after public property. For site justification the RF engineers state that the only possible co-location site is the existing tower at the NDOR maintenance yard which would only provide about 45 feet in height. The structural ability of the tower to hold the Verizon equipment is also questionable. Likewise, roof-mounted equipment at the Big Apple, Younes Conference Center, or other buildings in the area are not tall enough. Other towers near the Hockey Arena and Avenue M are too far from the search ring. g) The nearest residential use to the tower site is 330 feet away in an M-1 zone. The nearest residential zoning is 1,250 feet from the site.

h) The proposed tower is designed to carry two additional co-locators and provides space for ground mounted co-location equipment as well. i) The site is compliant with FAA and FCC regulations. j) The tower is not required to be lighted by FAA and will not be lighted. k) The tower is designed by a licensed structural engineer to meet all EIA (Electronic Industries Association) standards. The plans are sealed by the engineer. l) A deviation from the landscape requirement is requested as the applicant believes that the proposed location is adequately screened by existing buildings and vegetation along Turkey Creek. Staff is not excited about another tall telecommunications tower at the main entrance to Kearney. 1) Staff suggests that the Planning Commission have the RF Engineers explain in more detail the justification for this site and the proposed height at 180 feet to ensure all possible alternatives have been investigated. 2) Staff recommends that the landscape deviation be denied and a landscape plan be submitted. 3) The Surveyor’s Notes state that the base flood information was obtained from the City of Kearney. It is the surveyor’s responsibility to verify and establish the BFE. 4) The location of the 100-year floodplain line is not shown on the Site Plan. This information needs to be added. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends that the proposed location and height be discussed by the Planning Commission and RF Engineers from Verizon to ensure that co-location on an existing structure is not feasible and to see if the tower can be reduced in size. Items 1 through 4 above also need to be addressed.

"We provide services, solutions, and opportunities for our community."

For Office Use Only Fi le Number: Date Filed:

Fee: Receipt No.:

APPLICATION FOR CONDITIONAL USE PERMIT

Rcv1sed 0 9- 11

If you have any questions about this application form, please contact the Development Coordinator at 233-3227.

1.

Applicant/Agent's Name:

NE COLORADO CELLULAR, INC., d/b/a VIAERO WIRELESS

2.

Applicant/Agent's Address:

3.

Phone No.:

5.

Owner's Name:

1224 W . Platte Avenue, Fort Morgan, CO 80701

__,_(9_7_0.L..)_8_ 67_-6_7_ 67 _ _ __ _ 4.

E-Mail Address:

--'-ch_r"'"s'i'"'.r""""i "" h.:.:a""'@ ""'"v'-ia.:...e.:...r_o.;_: ' .c_;:.o-'-'-m'-------- - --

Arram Equities, Inc. & Arram Ventures, Inc.

*See Enclosed ~J.T ~ - Certified Coov of Recorded Ia:!d

6.

Owner's Address:

7.

Phone No.:

9.

Property is Zoned :

10.

*See Enclosed EXHIBIT A - ~ ni strict Ma • Address or Location of Property: 214 W. 42"~Street. Suite~. Kearney, NE 68847

11.

214

. 42 , SuiteA, Kearney, NI: 158847

(308) 293-0520

8.

E-Mail Address:



---=.eJ'-=.a"-'rr-=a.:..:.. m'""@ ""'-'-ho::..:tm::...:..:..::a::.:.il.-=c-=om - -'-_ _ __ _ _ __ __

"C-2" Community Commercial

L~~D~~=cmmffp~rate ~~e~s~tt~.0J,.cf:@'Wv1i1®"e~1\ddition to the City of Kearney, Buffalo County, Nebraska

12.

Describe the nature of the business and any unique operating characteristics: Rooftop Cell Site for W ireless Communications. *See Enclosed EXHIBIT D - 5-Page SaJpe of Work & 2-Page List of Materials.

CONDITIONAL USE PERMIT APPLICATION CHECKLIST

[Z]

Certified copy of the last deed or document of record from the Register of Deed's Office - EXHIBIT C.

D D

Five sets of full s iz e plans

[3)

One (8 ~ "x 11 ") reduced copy of plans Any graphic information, including site plans, elevations, landscape plans or other drawings necessary to describe the proposed use.

*See Encl

5/12/14 Date

ifferent than property owner, Applicant certifies by signature that s/he is the authorized agent of the property owner.)

Chris R. Riha, Site Acquisition Specialist VIAERO WIRELESS

1512 S. Locust Street Grand Island, NE 68801 (308 ) 370-0383 [email protected]

"We provide services, solutions, and opportunities for our community."

~ ~wireless

May22, 2014

Lance Lang City Planner City ofKeamey 18 East 22nd Street P.O. Box 1180 Kearney, NE 68848-1180 Re:

Verizon Wireless's Application for a Conditional Use Permit for a 180 foot Telecommunication Tower at 230 3rd Ave, Kearney, NE 68845

Dear City of Kearney: Section 46-110 of the City code provides that the tower owner should provide a letter of intent regarding collocation. Verizon Wireless (VAW) LLC dlb/a Verizon Wireless ("Verizon Wireless") is the proposed applicant and tower owner. On behalf of Verizon Wireless, and its successors and assigns, Verizon Wireless is committing to allow the use of the tower by an additional user if the additional user agrees in writing to meet reasonable terms and conditions for the use. Sincerely, By:

-c~~ ~~f Terese Dolezal Real Estate Specialist Verizon Wireless

I062088v3

~ ven- gl'lwireless

May 28,2014 Lance T.ang City Planner City of Kearney 18 East 22nd Street P.O. Box 1180 Kearney, NE 68848-1180 Re:

Verizon Wireless's Application/or a Conditional Use Permit for a 180 foot Telecommunication Tower at 230 3rd Ave, Kearney, NE 68845

Dear City of Kearney: Verizon Wireless will ensure the telecommunications facility referenced above will comply with all EIA Standards and all applicable federal and state laws and regulations and the City Code of Keamey, NE.

N iiille: Stev~rds Title: Construction Manager V erizon Wireless Great Plains

STATE OF MINNESOTA ) fl. ' ) ss. COUNTY OF t q t~'Uf'v)\ This instrument w)as acknowledged before me on

?V!tLJ 2 ~ , 2014, by Steve Edwards.

~~~~~~~-+~~~~~ ~cJ\ L LOZ 'LC AJonuor S9Jfd X3 UOfSS!WWO:) Av-4 OjOSO UU!Vol jO &lOIS

Title (and Rank) MyCo111mission

::l!!QI'Id AIOION

Expires:(3,'i~W c:, .,t/ 'J t J C / I 1

1062088v3

H:>nV180N>t '1 BNVr

~ venmnwireless 10801 Bush Lake Road Bloomington, MN 55438 May 22,2014 Lance A. Lang AICP ASLA City Planner, City of Kearney

RE:

Proposed Tower Site- Kearney, Nebraska (Site Referenced- NE06-MARIO CART)

Dear Mr. Lang, Verizon Wireless will maintain this structure with regards to FCC regulation compliance within our licensed frequencies of our antenna and base station hardware designs . Furthermore, the proposed structure will be in compliance with the FAA and State of Nebraska regulations regarding structures in the airspace surrounding Kearney, Nebraska.

~:Mj Ryan M. Mueller RF Engineer - Nebraska Verizon Wireless

State of Nebraska

)

s.s.

) County of Lancaster )

The foregoing instrument was acknowledged before me this 28th day of May, 2014 by Ryan Mueller.

Notary Public ~ GalfJW. NOTARY· State af Nebraska

Ji

··

TERESE C. DOLEZAL My Comm. Exp. June 7, 2014

~ veil nwireless 10801 Bush Lake Road Bloomington, MN 55438

May 22,2014 Lance A. Lang AICP ASLA City Planner, City of Kearney

RE:

Proposed Tower Site - Kearney, Nebraska (Site Referenced - NE06-MARIO CART)

Dear Mr. Lang, This Jetter is in response to address the concerns of interference of adjacent or neighboring transmission or reception functions. Verizon Wireless provides Commercial Mobile Radio Services ("CMRS") under licenses granted by the Federal Communications Commission ("FCC"). Pursuant to these licenses, Verizon Wireless is authorized to provide CMRS and operate a CMRS Network in many geographic areas throughout the nation, including Kearney, Nebraska. The FCC exclusively regulates all technical aspects ofVerizon Wireless' operations and network and preempts all state and local regulation of radiofrequency transmissions. The FCC rules protect co-channel and adjacent licensees against harmful interference. The above noted proposed Verizon Wireless facility is in compliance with all applicable FCC requirements. The following points cover Verizon Wireless' practices pertinent to complying with the FCC requirements: 1. Verizon Wireless locates its transmitting antenna(s) in order to maximize vertical and horizontal separation from other operator's systems to minimize interference potential. 2. All operating hardware at the sites is type-accepted by the FCC as far as emission levels within our licensed frequency band in addition to spurious emissions outside of our frequency band. 3. The power levels generated by the base station hardware and corresponding effective radiated power (ERP) from the transmit antenna(s) are within limitations specified by Part 22 (for cellular), Part 24 (for PCS), or Part 101 (for microwave) of Commission's Rules. 4 . Intermodulation studies are prepared and analyzed considering all carriers on our tower to ensure no mixing of frequencies will create harmful interference to I from our wireless system.

~ W "lJlnwireless 1080 I Bush Lake Road Bloomington, MN 55438

Verizon Wireless is committed to providing state of the art wireless services that benefit Kearney, Nebraska and the surrounding area.

'i:·~+

Ryan M. Mueller RF Engineer - Nebraska Verizon Wireless

State of Nebraska

) ) s.s. County of Lancaster )

The foregoing instrument was acknowledged before me this 28th day of May, 2014 by Ryan Mueller.

Notary Public

6,

GENERAL NOTARY· State Of Nebraska TERESE C. DOLEZAL ~~~'ttt"'~ · My Comm. Exp, June 7, 2014

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~ ven onwireless 10801 Bush Lake Road Bloomington, MN 55438 May 22,2014 Lance A. Lang AICP ASLA City Planner, City of Kearney

RE:

Proposed Tower Site - Kearney, Nebraska (Site Referenced - NE06-MARIO CART)

Dear Mr. Lang, The information detailed later in this letter is to address the design aspects of the proposed Verizon Wireless site located in Kearney, Nebraska in accordance to the local zoning code requirements. Verizon Wireless continually evaluates its existing network with to ensure that our customers maintain a positive experiencing while using the Verizon Wireless network. Kearney, Nebraska has seen significant growth in recent years along the 1-80 corridor with respect to the area surrounding the Younes Conference Center. This growth has been monitored and Verizon Wireless has augmented its existing network locations with regards to additional radio frequencies that are available. These augmentations have assisted with the growth trends. However, those resources are exhausting from the locations that serve this area. The proposed tower site was determined to be the ideal solution, in which Verizon Wireless will be able achieve the objectives to address the growth and reduce the exhaust on the existing network locations that serve this area. The existing location that serves this area is 180' antenna center line. The height of the proposed tower is the same 180' antenna center line, with respect to current locations, will allow Verizon to maintain existing and improve coverage southern portion of Kearney. This proposed height will allow for Verizon Wireless to optimize existing network locations to reduce exhaust and improve customer experiences on our network. The following maps are included are a base map of our locations with respect to the proposed tower site. There is also a coverage map with and without the proposed tower site for reference of what the coverage our customers will receive.

~ veri onwire/ess 10801 Bush Lake Road Bloomington, MN 55438 Sincerely,

Ryan M. Mueller RF Engineer- Nebras~a Verizon Wireless

46-110

TELECOMMUNICATIONS TOWERS

A. Definitions

For the purpose of this Section, the following terms shall have the meaning ascribed to them below: 1. Abandonment shall mean: (a) To cease operation for a period of sixty (60) or more consecutive days; (b) To reduce the affected radiated power of an antenna by seventy-five percent (75%) for sixty (60) or more consecutive days; (c) To relocate an antenna at a point less than eighty percent {80%) ofthe height of an antenna support structure; or (d) To reduce the number of transmissions from an antenna by seventy-five percent (75%) for sixty {60) or more consecutive days. 2. Antenna shall mean any exterior apparatus designed for telephonic, radio, data, Internet or television communications through the sending and/or receiving of electromagnetic waves including equipment attached to a tower, pole, light standard or building for the purpose of providing personal wireless services including, for example, unlicensed wireless telecommunications services, wireless telecommunications services utilizing frequencies authorized by the Federal Communications Commission for "cellular," "paging," "enhanced specialized mobile radio," "low power mobile radio" and "personal communications services" telecommunications services, and its attendant base station. 3. Antenna Height shall mean the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades of the parcel shall be used in calculating the antenna height. 4. Antenna Support Structure shall mean any pole, light standard, telescoping mast, tower, tripod or other structure which supports a device used in the transmitting or receiving of radio, telephonic or television frequency or television signals. 5. Cell Site shall mean a tract or parcel of land that contains the telecommunications service facilities including any antenna, tower support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to telecommunications services. 6. FAA shall mean the Federal Aviation Administration. 7. FCC shall mean the Federal Communications Commission. 8. Governing Authority shall mean the governing authority of the City, namely the City Council.

9. Personal Wireless Service and Personal Wireless Service Facilities, as used in this Section, shalf be defined in the same manner as in Title 47, United States Code, Section 332(c)(7)(C), as they may be amended now or in the future. 10. Tower shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including any antenna support structure, self-supporting lattice towers, guy towers, or monopole towers. The term encompasses personal wireless service facilities, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers or personal communications services towers, alternative tower structures, and the like. B. Exemptions The following are exempt from the provisions of this Section and shall be permitted in all zones: 1. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC. 2. Antennas and related equipment no more than three (3) feet in height that are being stored, shipped, or displayed for sale. 3. Radar systems for military and civilian communications and navigation. 4. Wireless radio utilized for temporary emergency communications in the event of a disaster. 5. Licensed amateur (ham) radio operations. 6. Satellite dish antennas Jess than two (2) meters in diameter, including direct to home satellite services, when used as a secondary use of the property. 7. Routine maintenance or repair of a personal wireless service facility and related equipment (excluding structure work or changes in height or dimensions of antennas, towers, or buildings), provided that compliance with the standards of this Section are maintained. 8. Subject to compliance with all other applicable standards of this Section, a building permit application need not be filed for emergency repair or maintenance of a personal wireless service facility until thirty (30) days after the completion of such emergency activity. C. Policy Statement

The Planning Commission and City Council have received requests to site towers and antennas. The purpose of this Section is to provide specific regulations for the placement, construction and modification of radio, television, and personal wireless service facilities. The provisions of this Section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of radio, television, and personal wireless services, nor shall the provisions of this Section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent services. The goals of this Section are to: (i) encourage the location of towers on public property and in non-residential areas and to minimize the total number of towers throughout the City; (ii) encourage strongly the joint use of new and existing tower sites; (iii) encourage users oftowers and antennas to locate them, to the extent possible, in areas where the adverse impact on the City is minimal; (iv) encourage users of towers and antennas to configure them in a way that minimizes the visual impact of

the towers and antennas; and (v) enhance the ability of the providers of telecommunications services to provide such services throughout the City quickly, effectively, and efficiently. Accordingly, the City Council finds that the promulgation of this Section is warranted and necessary:

1. To manage the location of towers and antennas in the City and provide for the use of public property for the placement thereof; 2. To protect residential areas and land uses f rom potential adverse impacts of towers and falling ice; 3. To minimize visual and aesthetic impacts of towers through minimal use of towers, careful design, siting, la ndscape screening, and innovative camouflaging techniques; 4. To accommodate the growing need for towers; 5. To promote and encourage shared use/co-location of existing and new towers as a primary option rather than construction of additional single-use towers, and to reduce the number of such structures needed in the future; 6. To consider the public health and safety of towers to the extent allowed by the Telecommunications Act of 1996; and 7. To avoid potential damage to adjacent properties through engineering and proper siting of antenna support structure. New Uses: All new antennas shall comply with this Section after the date of passage. Existing Uses: All towers existing on the date of passage of this Ordinance shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers. New construction other than routine maintenance on existing towers shall comply with the requirements of this Section. D. Industry Site Selection Criteria In siting a new tower or antenna site, it is anticipated that the industry will propose locations that are technically compatible with the established network. A general area is to be identified based upon engineering constraints and the desired area of service. Specific locations within that general area will be evaluated using the following criteria, which are not listed in order of priority;

1. Topography as it relates to line of sight transmissions for optimum efficiency.- Topography of proposed location 1S acceptable to Verizon's engineers 2. Availability of road access.- Proposed site is located in ex1sting parking lot 3. Availability of electric power.- Electrical power is available on parent tract 4. Availability of land-based telephone lines or microwave link capability.- Fiber is available to parent tract 5. Leaseable lands, and landlords who want facilities to be located on their properties consistent with zoning regulations.- Lease is in place with property owner.

6. Screening potential of existing vegetation, structures and topographic features.- Proposed area is screened from neighboring properties by existing vegetation, existing movie cinema and large floodway area to south of proposed tower. 7. Zoning that will allow personal wireless service facilities.- Proposed site is zoned M-1 8. Compatibility with adjacent land uses.- Proposed site is surrounded by industrial and commercial zoned areas. 9. The fewest number of sites to cover the desired area. - Proposed site is necessary t o relieve capacity issues in Kearney. Please see attached nar rative and maps provided by Verizon's RF engineer. 10. The greatest amount of coverage, consistent with physical requirements. - Proposed site is necessary to relieve capacity issues in Kearney. Please see attached narrative and maps provided by Verizon's RF engineer. 11. Opportunities to mitigate possible visual impact.- Proposed is located in M-1 zoning and is screened from neighboring propert ies by existing vegetation, existing movie cinema and large floodway area to south of proposed tower. 12. Availability of suitable existing structures for antenna mounting.- No suit ab le existing structures were located in the area Verizon needs to be located. E. City Site Selection Criteria 1. As a fundamental element of this Section, the telecommunications company proposing to construct an antenna support structure, or mount an antenna on an existing structure, is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. Further, the company must demonstrate by technological evidence that the height requested is the minimum height necessary. - Please see attached narrative and maps provided by Verizon's RF engineer. 2. Applications for necessary permits will only be processed when the applicant demonstrates that it is either an FCC licensed telecommunications provider or has in place necessary agreements with an FCC licensed telecommunications provider for use or lease of the support structure.- Please see attached FCC licenses. 3. Personal wireless service facilities should be located and designed to minimize any impacts on residential property values. Sites should be placed in locations where the existing topography, vegetation, buildings or other structures provide the greatest amount of screening. - Proposed area is screened from neighboring properties by existing vegetation, existing movie cinema and large floodway area to south of proposed tower. 4. Location and design of sites in all districts should consider the impact of the site on the surrounding neighborhood and the visual impact within the zone district. In residential districts and residential land use areas, the minimum lot size for towers shall be three (3) acres.- Proposed area is screened from neighboring properties by existing vegetation, existing movie cinema and large floodway area to south of proposed tower.

F. Priorities. The following establishes the order of priorities for locating new communications facilities: 1. Place antennas and towers on public property (excluding prairie, conservation or wildlife areas}.- No public property is available in the area that Verizon needs to locate its facility in order to properly address the capacity issue it has with its existing sites. 2. Place antennas on appropriate existing structures, such as buildings, towers, water towers, and smokestacks in other zoned districts.- The only existing structure within the area that Verizon needs to be located is an existing tower owned by the State of Nebraska. This highest available rad available would be approximately 45', which would not provide the height required by Verizon to serve the area. Also, the tower appears to be too light weight to handle the additional equipment Verizon needs to add. Furthermore, there is extremely limited space on the State's parcel and the addition of Verizon equipment would interfere with the State's usage of the property. Due to all the above issues, this tower is not a feasible candidate for collocation . 3. Place antennas and towers in districts zoned District AG, Agricultural District, District M-1, Limited Industrial District, and District M-2, General Industrial District, which do not adjoin or adversely impact residential neighborhoods. - Proposed site is zoned M -1 4. Place antennas and towers in the Downtown Improvement and Parking District as defined in Section 3-1902 of the Kearney City Code, provided that such towers may be no more than forty (40} feet in height.- n/a; proposed site is higher priority in th is li st 5. Place antennas and towers on other private non-residential property in districts zoned C-0, C-1, C-2, and C-3, Commercial Districts.- n/a; proposed site is higher priority in this list 6. Place antennas and towers on multi-family residential structures exceeding thirty (30} feet in height in districts zoned R-3, and R-4. - n/a; proposed site is higher priority in this list 7. Place antennas and towers in districts zoned R-1, R-2, and RM: (a} only if locations for which a need has been demonstrated are not available on existing structures or in non-residential districts; and (b) only on or in existing churches, parks, schools, utility facilities or other appropriate public facilities. n/a; proposed site is higher priority in this list 8. An applicant for a new antenna support structure to be located in a residential zoning district shall demonstrate that a diligent effort has been made to locate the proposed communications facilities on a government structure, a private institutional structure, or other appropriate existing structures within a non-residential zoning district, and that due to valid considerations including physical constraints, or technological feasibility, no appropriate location is available. The telecommunications company is required to demonstrate that it contacted the owners of structures in excess of thirty (30} feet within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. The information submitted by the applicant shall include a map of the area to be served by the tower, its relationship to other antenna sites in the applicant's network, and an evaluation of existing buildings taller than thirty (30} feet, towers and water tanks within one-quarter mile of the proposed tower.-- n/a; proposed site is higher priority in this list

G. Use of City Property-- n/a; proposed site is not on cit y property 1. Priority of Users. Priority for the use of City-owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order: (a) City of Kearney; (b) Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Kearney and private entities with a public safety agreement with the City of Kearney; (c) Other governmental agencies, for uses which are not related to public safety; and (d) Entities providing licensed, and unlicensed (where permitted by law), commercial wireless telecommunication services, cellular, personal communication services (PCS), radio and television services, specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), data, Internet, paging, and similar services that are marketed to the general public. 2. Minimum Requirements. The placement of wireless telecommunication antennas or towers on Cityowned property must comply with the following requirements: (a) The antennas or tower will not interfere with the purpose for which the City-owned property is intended; (b) The antennas or tower will have no significant adverse impact on surrounding private property; (c) The applicant is willing to obtain adequate liability insurance and commit to a lease agreement, which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors; (d) The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of antenna or tower removal; (e) The antennas or tower will not interfere with other users who have a higher priority as discussed in Section 46-llO.G; (f) The applicant must reimburse the City for any costs, which it incurs because of the presence of the applicant's antennas or tower; (g) The user must obtain all necessary land use approvals; and (h) The applicant will cooperate with the City's objective to promote co-locations and thus limit the number of separate antenna sites requested. 3. Special Requirements. The use of certain City-owned property, such as water tower sites and parks, for wireless telecommunication antennas or towers brings with it special concerns due to the unique nat ure of these sites. The placement of wireless telecommunication antennas or towers on these special City-owned sites will be allowed only when the following additional requirements are met: (a) Water Tower or Reservoir Sites. The City's water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the

(1) Height: An existing tower may be modified or rebuilt to a taller height, to accommodate the colocation of additional antenna, so long as it is done in accordance with (e) and (f), above. - n/a; the only existing tower in the area Verizon needs to be located could not be extended to the height required by Verizon (2) Onsite Location: A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within fifty (SO) feet of its existing location so long as it remains within the same zone and complies with the other provisions of this Section. After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on site. n/a; the only existing tower in the area Verizon needs to be located could not be moved on the parent tract without causing issue to the State's use of the property. (3) Signage Prohibited: Except as set forth in Section 46-110K2(c), no signs, banners or similar devices or materials may be attached to the towers, antenna support structure or antennas.- Verizon will not allow signage to be attached to the tower 2. Subject to the priorities as set forth in Section 46-llO.F, to minimize adverse visual impacts associated with the proliferation of towers, co-location of antennas by more than one (1) carrier on existing or new towers and location of such antennas on commercial, business, industrial or residential property shall take precedence over the construction of new single-use towers on commercial, business, industrial or residential property, as follows:- The only existing structure within the area that Verizon needs to be located is an existing tower owned by the State of Nebraska. This highest available rad available would be approximately 45', which would not provide the height required by Verizon to serve the area. Also, the tower appears to be too light weight to handle the additional equipment Verizon needs to add. Furthermore, there is extremely limited space on the State's parcel and the addition of Verizon equipment would interfere with the State's usage of the property. Due to all the above issues, this tower is not a feasible candidate for collocation . (a) Proposed antennas may, and are encouraged by the opportunity for expedited review as provided in this Section to, co-locate onto existing towers. Even where such co-location is accomplished in a manner consistent with the policy, site criteria, and landscape/screening provisions contained in this Section, new or additional conditional use approval is required, and any other permit, license, lease, or franchise requirements also must be satisfied.- n/a; no suitable collocation available in the area Verizon needs to locate (b) The conditional use requirement for antennas may be expedited, upon the Director of Public Works' sole determination, to eliminate Planning Commission review and submit such application directly to City Council for its review, in commercial, business, industrial and residential zones if the applicant locates the antenna on an existing structure including an existing tower and if the antenna is proposed to be located on suitable commercial, business, industrial or residential property. Suitability of commercial, business, industrial or residential property shall be determined in the City's sole discretion. The applicant must submit detailed plans to the Public Works Department for an administrative review to determine if the conditional use perm it process and public hearing can be expedited, as provided herein. No building permit will be issued until the conditional use permit is granted. - n/a; no suitable collocation available in the area Verizon needs to locate

(c) The City may deny the application to construct a new tower if the applicant has not shown by substantial evidence that it has made a good faith effort to mount the antenna on an existing structure. - The only existing structure within the area that Verizon needs to be located is an existing tower owned by the State of Nebraska. This highest available rad available would be approximately 45', which would not provide the height required by Verizon to serve the area. Also, the tower appears to be too light weight to handle the additional equipment Vemon needs to add. Furthermore, there is extremely limited space on the State's parcel and the addition of Verizon equipment would interfere with the State's usage of the property. Due to all the above issues, this tower is not a feasible candidate for collocation . (d) In order to reduce the number of antenna support structures needed in the City in the future, any new proposed support structure shall be designed to accommodate antenna for more than one (1) user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.- Proposed facility is designed to accommodate an additional 2 carriers. See attached construction drawings showing room for additional carriers and attached letter stating Verizon allows collocations. (e) Unless co-location has been demonstrated to be infeasible, the site plan shall delineate an area near the base of the tower to be used for the placement of additional equipment buildings for other users. The site plan for towers in excess of one hundred (100) feet must propose space for two (2) comparable tower users while the site plan for towers under one hundred (100) feet must propose space for one (1) comparable tower user.- See attached construction drawings showing an area near the tower base for two additional carriers. (f) To provide further incentive for co-location as a primary option, an existing tower may be modified or reconstructed to accommodate the co-location of additional antenna, provided the additional antenna shall be consistent with the use and aesthetics as that on the existing tower. This is permitted by conditional use permit for existing towers in all zoning districts, subject to the following criteria being met:- The only tower in the area Verizon needs to be located cannot be extended. Due to the limited amount of space, Verizon's equipment would interfere with the State's use of the property and therefore is not a feasible candidate for collocation (1) Height: An existing tower may be modified or rebuilt to a taller height, to accommodate the colocation of additional antenna, so long as it is done in accordance with (e) and (fL above. - n/a; the only existing tower in the area Verizon needs to be located could not be extended to the height required by Verizon . (2) Onsite Location: A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within fifty (SO) feet of its existing location so long as it remains within the same zone and complies w ith the other provisions of this Section. After the tower is rebuilt to accommodate co-location, only one (1) tower may remain on site. n/a; the only existing tower in the area Verizon needs to be located could not be moved on the parent tract without causing issue to the State's use of the property. (3) Signage Prohibited: Except as set forth in Section 46-110K2(c), no signs, banners or similar devices or materials may be attached to the towers, antenna support structure or antennas.

1. Design Criteria

1. New towers and antenna support structure shall be designed to accommodate co-location for antenna for more than one {1) user throughout the City in zoning districts as permitted by this Section, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons.- See attached construction drawings showing room for two additional carriers 2. Facilities should be architecturally compatible with the surrounding buildings and land uses in the zoning district or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical.- Proposed site is located in M-1 zoning. It is screened from surrounding properties by existing vegetation, movie cinema and large f loodway area . {a) Setback: Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographic limitations or other public policy considerations as determined in the City's sole discretion, in residential districts and residential land use areas, where permitted, towers shall be set back from all property lines a distance equal to three hundred percent {300%) of tower height as measured from ground level. Except as provided herein and except for unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion, towers shall comply with the minimum setback requirements of the area in which they are located in all other zoning districts.- Proposed site exceeds M-1 setbacks {b) Color: Towers shall have a color generally matching the surroundings or background that minimizes their visibility, unless a different color is required by the FCC or FAA. - Proposed tower will be the standa rd matte galvanized finish most all monopole towers are coated with. {c) Lights, Signals and Signs: No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower in cases where there are residential users located within a distance which is three hundred percent {300%) of the height of the tower from the tower, then dual mode lighting shall be requested from the FAA.- Tower is not req uired by FAA to have lighting and Verizon will not add lighting to the tower {d) Equipment Structures: Ground level equipment and buildings and the tower base shall be screened from public streets and residentially zoned properties. The standards for the equipment buildings are as follows: - Ground equipment and tower base will be screened from city street by existing movie cinema. Ground equipment and tower base will be screened from the nearest residential use by existing trees. {1) The maximum floor area is three hundred fifty {350) square feet per provider and the maximum height is twelve (12) feet. Depending upon the aesthetics and other issues, the City, in its sole discretion, may approve multiple equipment structures or one {1) or more larger structures.- Proposed shelter that will house the radio equipment is approximately 265 square feet. See attached construction drawings. {2) Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing and other appropriate means, as specified herein or in the Kearney City Code.- Ground level buildings will be screened from adjacent properties by existing vegetation, existing movie cinema and large f loodway area to south of the proposed site. (3) Equipment buildings mounted on a roof and other roof mounted equipment shall have a finish similar to the exterior building walls. Equipment for roof-mounted antenna may also be located within the building on which the antenna is mounted. - n/a

(4) In instances where equipment structures are located in residential zones or in close proximity to public rights-of-way, equipment structures shall comply with setback requirements and shall be designed so as to conform in appearance with nearby structures.- n/a; equipment structure is not in residential zone or in close proximity to public rights-of-way. (e) Equipment buildings, antenna and related equipment shall occupy no more than twenty-five percent (25%) of the total roof area of a building, which may vary in the City's sole discretion if co-location and an adequate penthouse-type structure are used.- n/a (f) Antenna or equipment buildings not meeting these standards require a special exception in addition to the conditional use permit. The special exception must be approved on a comprehensive sketch plan or final development plan, as applicable.- all standards met. No special exception should be required . 3. Federal Requirements: All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Section shall bring such towers and antennas into compliance with such revised standards and regulations in accordance with the compliance deadlines/requirements of such standards and regulations. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owners' expense.See attached FAA summary report along with a letter f rom Verizon stating the proposed site is compliant with FAA and FCC regulation. 4. Building Codes; Safety Standards: To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable City building codes and the applicable standards for towers that are published by the Electronic Industries Association ("EIA"), as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the City may remove such tower at the owner's expense.- The proposed tower will comply with EIA code and is design ed by a registered engineer. 5. Structural Design: Towers shall be constructed to the EIA Standards, which may be amended from time to time, and all applicable construction/building codes. Further, any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA Standards and all other good industry practices in effect at the time of said improvement or addition . Said plans shall be submitted to and reviewed at the time building permits are requested.- Proposed tower will comply with EIA standards and is designed by a registered engineer. 6. Fencing: A well-constructed masonry or stone wall, or chain link in an industrial zone, not less than eight (8) feet in height from finished grade shall be provided around each tower. Access to the tower and equipment structures shall be through a locked gate.- Proposed site is located in industrial zoning and a chain link fence is proposed. See attached construction drawings. Access gate to tower will be locked.

7. Antenna height: The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.- See attached narrative and maps provided by Verizon's RF engineer. 8. Antenna support structure safety: The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas also will not be negatively affected by interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.- Tower access will only be available through a locked gate. Proposed tower is greater than tower height from the nearest structure. 9. Required parking: If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, arrangements for adequate off-street parking shall be made and documentation thereof provided to the City. Security fencing should be colored or should be of a design, which blends into the character of the existing environment. - Proposed site is located in existing parking lot with more than adequate parkmg space 10. Antenna Criteria: Antenna on or above a structure shall be subject to the following:- n/a; Proposed stte IS not located on an existing building (a) The antenna must be architecturally compatible with the building and wall on which it is mounted and designed and located so as to minimize any adverse aesthetic impact. (b) The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless, for technical reasons, the antenna needs to project above the roof line. In no event shall an antenna project more than ten (10) feet above the roofline. (c) The antenna shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. (d) The antenna may be attached to an existing conforming mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than the enclosure. (e) Jf an accessory equipment shelter is present, it must blend with the surrounding buildings in architectural character and color. (f) The antenna, facilities and accessory equipment shelter must be architecturally and visually (color, size, bulk) compatible with surrounding existing buildings, structures, vegetation and/or uses or those likely to exist under the terms of the underlying zoning. Such antenna, facilities and accessory equipment shelter will be considered architecturally and visually compatible if they are camouflaged to disguise the facility. (g) Site location and development shall preserve the pre-existing character of the site as much as possible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques must be evaluated by City, in City's sole discretion, taking into consideration the site as built.

(h) For installations on buildings greater than thirty (30) feet in height, see other applicable provisions of this Section. In addition to the other requirements of this Section, on buildings thirty (30) feet or less in height, the antenna may be mounted on the roof if the following additional criteria are satisfied:

(1) The City finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall.

(2) No portion of the antenna or base station causes the height of the building to exceed the limitations set forth herein. (3) The antenna or antennas and related base stations cover no more than an aggregate total of twentyfive percent (25%) of the roof area of a building, which may vary in the City's sole discretion, if colocation and an adequate penthouse-type structure are used. (4) Roof-mounted antenna and related base stations must be appropriately camouflaged or substantially screened from view by materials that are consistent and compatible with the design, color, and materials of the building. (5) No portion of the antenna may exceed ten (10) feet above the height of the existing building. 11. If a proposed antenna is located on a building or a lot subject to a site review, conditional use approval is still required prior to the issuance of a building permit. - n/a; proposed site is not located on an existing building

12. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district, unless such antenna has been approved in accordance with the City Code. - n/a; Proposed site is not located on a landmark or in a historic district 13. No antenna owner or lessee or officer or employee thereof shall fail to cooperate in good faith to accommodate other competitors in their attempts to use the same tower or building for other antennas. If a dispute arises about the feasibility of accommodating another competitor, the City Manager may require a third party technical study, at the expense of either or both parties, to resolve the dispute.- See attached letter stating Verizon will allow collocat1on on the proposed tower.

14. No antenna owner or lessee shall fail to assure that the antenna complies at all times with the then current applicable EIA or FCC standards, or other applicable federal standards, whichever standard is more stringent. After installation, but prior to putting the antenna in service, each antenna owner shall provide a notarized statement signed by a qualified engineer to that effect. - Please see attached letter with t he FCC licenses along w ith letter stating proposed site is comp liant with FCC regulations.

15. No antenna shall cause localized interference with the reception of any other communications signals including, but not limited to, public safety signals, and television and radio broadcast signals.Please see attached letter addressing interference.

16. No person shall locate an antenna or tower for wireless communications services upon any lot or parcel except as provided in this Section.

J. Other Permitted Uses

1. Applications for antenna for personal wireless communications services and associated unmanned equipment buildings may be reviewed in accordance with the use by special review process so long as the requirements of this Section and the following standards are met: n/a; Verizon is proposmg a new tower Collocation on any of the structures listed below is not available ·n the area Verizon needs to be located. (a) In addition to the other requirements in this Section, where the antenna is attached to the roof or sides of a building, an existing tower, a water tank, or a similar structure; (b) The following antennae are permitted under the provisions of this section: (1) Omni directional or whip antenna no more than seven (7) inches in diameter and extending no more than ten (10) feet above the structure to which they are attached; or (2) Panel or similar antenna no more than two (2) feet wide and six (6) feet long, extending above the structure to which they are attached by no more than ten (10) feet; or (c) Antenna and antenna array not on publicly-owned property shall not extend more than ten {10) feet above the highest point of the structure on which it is mounted. The antenna, antenna array, and its support structure shall be mounted so as to blend with the structure to which the antenna is attached. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy wires, in all zones. The antenna, antenna array, and its support structure shall be a color that blends with the structure on which they are mounted. (d) Setback from street: Unless there are unusual geographic limitations or other public policy considerations, as determined in the City's sole discretion, no such antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located. (e) Guy wires restricted: No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except upon approval of a conditional use permit. K. Inspection Requirements Each year after a facility becomes operational, the facility operator shall conduct a safety inspection in accordance with the EIA and FCC Standards and, within sixty {60) days of the inspection, file a report with the City Manager. Submission of a FCC required, and duly filed, safety inspection report, or the facility operator's maintenance reports for the prior twelve (12) months in the event no FCC report is required for such year, to the City Manager shall satisfy the requirements of this section. L. Landscaping/Screening.

1. Landscaping. Landscaping, as described herein, shall be required to screen as much of the support structure as possible, the fence surrounding both the support structure and any other ground level features (such as a building}, and in general soften the appearance of the cell site. The City may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required.- Proposed s1te 1s screened to the north by ex1st1ng vegetation, to the

east by the existing movie cmema and to the south and west by a large area of f loodway. Relief from the landscaping requirement is being requested. 2. Screening. The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the City for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.- Proposed site is screened to the north by existing vegetation, to the east by the existing movie cinema and to the south and west by a large area offloodway. Relief from the landscaping requirement is being requested. (a) A row of evergreen trees a minimum often (10) feet tall at planting a maximum of six (6) feet apart, or a row of deciduous or coniferous trees a minimum of ten (10) feet tall at planting a maximum of fifteen (15) to twenty-five (25) feet apart shall be planted around the perimeter of the fence; or (b) A continuous hedge at least thirty-six {36) inches high, or a five (5)-gallon size shrub, at planting capable of growing to at least forty-eight (48) inches in height within eighteen (18) months shall be planted around the perimeter of the tower and accessory structures. 3. Maintenance. In the event that landscaping is not maintained at the required level, the City, after giving thirty {30) days advance written notice, may maintain or do the landscaping and bill both the owner and lessee for such costs until such costs are paid in full. - Proposed site is screened to the north by existing vegetation, to the east by the existing movie cinema and to the south and west by a large area of floodway. Relief from the landscaping requirement is being requested . M. Non-Use/Abandonment Abandonment: In the event the use of any tower or antenna has been discontinued for a period of sixty (60) consecutive days, the tower or antenna shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the City, which shall have the right to request documentation and/or affidavits from the tower or antenna owner/operator regarding the issue of tower or antenna usage. Upon such abandonment, the owner/operator of the tower or antenna or the owner of property upon which such facility is located shall have an additional sixty (60) days within which to:

1. Reactivate the use of the tower or antenna or transfer the tower or antenna to another owner/operator who makes actual use of the tower or antenna; or 2. In the event that abandonment as defined in this Section occurs due to relocation of an antenna at a lower point on the antenna support structure, reduction in the affected radiated power of the antenna or reduction in the number of transmissions from the antennas, the operator of the tower shall have six (6) months from the date of effective abandonment to co-locate another service on the tower. If another service provider is not added to the tower, then the operator shall promptly dismantle and remove that portion of the tower, which exceeds the minimum height, required to function satisfactorily. Notwithstanding the foregoing, changes which are made to personal wireless facilities which do not diminish their essential role in providing a total system shall not constitute abandonment;

however, in the event that there is a physical reduction in height of substantially all of the providers' towers in the City, then all of such providers' towers within the City shall similarly be reduced in height. 3. Dismantle and remove the tower or antenna. If such tower or antenna is not removed within said sixty (60) days from the date of abandonment, the City may remove such tower or antenna, in accordance with applicable law, at the facility owner's and/or property owner's expense. If there are two (2) or more users of a single tower or antenna, then this provision shall not become effective until all users cease using the tower or antenna. 4. At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, City approval for the tower or antenna shall automatically expire. N. Application Requirements In the course of reviewing any request for any approval required under this Section made by an applicant to provide personal wireless service or to install personal wireless service facilities, the Planning Commission or the City Council, as the case may be, shall act within a reasonable period of time after the request is duly filed with the City, taking into account the nature and scope of the request, and any decision to deny such a request shall be in writing and supported by substantial evidence contained in a written record. All applicants who wish to locate a wireless telecommunication antenna or tower in the City must submit to the City Manager a completed application and detailed plan that complies with the submittal requirements ofthis Section, the Unified Land Development Ordinance and other regulations and ordinances of the City along with other pertinent information requested by the City. Application submission for conditional use, variance, and building permit requests may utilize any combination of site plans, surveys, maps, technical reports or written narratives necessary to convey the following information: 1. A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks

from property lines, elevation drawings of the proposed tower, and any other proposed structures;- See attached construction drawings and site plan 2. A current map and aerial as provided by the County Surveyor's office showing the location of the proposed tower; - see attached back page of survey 3. Legal description of the parcel, if applicable; - Lot 1, Ess of Kay Addition 4. Approximate distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties;- The nearest residential use is approximately 330' from proposed tower and located in an industria l zone. The nearest residential zoned property is approximately 1250' from proposed tower. The nearest platted re sidential zoned property is approximately 1900' from proposed tower 5. A landscape plan showing specific landscape materials;- Proposed s1te is screened to the north by existing vegetation, to the east by the existmg mov1e cinema and to the south and west by a large area of floodway. Relief from the landscaping requirement is being requested .

6. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination; - Proposed ~ ga lvanized chain hnk. See attached construct ion drawings 7. A notarized letter signed by the applicant stating the tower will comply with all EJA Standards and all applicable federal and state laws and regulations and the City Code including specifically F.A.A. regulations; - See attached letter 8. A statement by the applicant as to whether construction of the tower will accommodate co-location of additional antenna for future users;- See attached construction drawings showing room for additional carriers along with a letter from Verizon stating it will allow collocation . 9. A notarized letter signed by the applicant stating that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions; - See attached letter 10. The telecommunications company must demonstrate that it is licensed by the F.C.C. if required to be licensed under F.C.C. regulations;- See attached letter with FCC licenses 11. The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an F.C.C. licensed telecommunications provider if such telecommunications provider is required to be licensed by the F.C.C.; - n/a; Verizon is licensed by the FCC. See attached letter 12. A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in this Section. The site plan shall not be required if the antenna is to be mounted on an existing structure; - See attached construction drawings 13. At the time of site selection, the applicant should demonstrate how the proposed site fits into its overall network within the City;- See attached letter from Verizon' s RF engineer that includes maps 14. This Section shall apply to all applications which were filed prior to the effective date hereof and which have not been approved by the City Council as of the effective date of this Ordinance, and to applications filed thereafter.

0. Third Party Review The telecommunications providers use various methodologies and analysis tools, including geographically-based computer software, to determine the specific technical parameters of telecommunications services and facilities, such as expected coverage area, antenna configuration, topographic constraints that affect signal paths, etc. In certain instances, there may be a need for expert review by a third party of the technical data submitted by the telecommunications provider. The City Council or the Planning Commission may require such a technical review, to be paid for by the applicant for the telecommunications services or facilities. The selection of the third party expert shall be by mutual agreement between the applicant and City, such agreement not to be unreasonably withheld by either party. The expert review is intended to be a site-specific review of technical aspects of the telecommunications services or facilities and other matters as described herein with respect to potential interference issues, and not a subjective review of the site selection. Such a review should address the accuracy and completeness of the technical data, whether the analysis techniques and methodologies are legitimate, the validity of the conclusions and any specific technical issues outlined by the City Council, Planning Commission, City Staff, or interested parties. Based on the results of the

third party review, the City may require changes to the application for the telecommunications services, facilities and other matters as described herein that comply with the recommendations of the expert. P. Conditional Use Permit Requirement Notwithstanding anything to the contrary contained herein, in all instances a conditional use permit must be obtained with the affirmative vote of City Council before any radio, television, personal wireless services or facilities may be constructed or operated within the City. Q. Termination

The City Council may, subject to applicable law, rescind any previously granted or pending City approval or lease necessary for the construction, installation or operation of telecommunications facilities if it determines that any one of the following conditions exist: 1. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; 2. A user's frequency broadcast unreasonably interferes with other users of higher priority of use as set forth in Section 46-110.H, regardless of whether or not this interference was adequately predicted in the technical analysis; or 3. A user violates any of the standards in this Section or the conditions of City approval, lease provisions with the City or other terms of authorization by the City. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide a reasonable opportunity for the user to either cure the alleged interference, violation or condition or address the City Council regarding the proposed action. This procedure need not be followed in emergency situations. Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all City-owned property by any one or all applicants. Such denial shall be in writing and supported by substantial evidence contained in a written record. R. Violations; Penalties; City Remedies 1. Any person who violates any of the provisions of this Section 46-110 shall be punished in accordance with the provisions of Section 1-111 of the Kearney City Code. 2. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by any such person. 3. In addition to receiving any fines or other monetary remuneration, the City shall have the right to seek injunctive relief for any and all violations of this Section and all other remedies provided by law or in equity. 4. Before taking action, the City will provide notice to the user of the alleged violation, and provide a reasonable opportunity for the user to either cease or cure the alleged violation or address the City Council regarding such alleged violation. This procedure need not be followed in emergency situations .

S. Severability Should any section, paragraph, sentence, clause, phrase or word of this Section be declared invalid or unconstitutional by a court or agency of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases or words of this Section, all of which will remain in full force and effect. T. Conflict To the extent that any provision or provisions of this Section are inconsistent or in conflict with any other provision of the City Code, the Unified Land Development Ordinance or any ordinance or regulation of the City, the provisions of this Section shall be deemed to control. When not inconsistent with the context, words used in the plural number include the singular number, and words used in the singular number include the plural number.

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PLANNING COMMISSION MEMO ITEM NO. 9 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Revised Development Plans – The Cowpoke - 7310 2nd Avenue

PRESENTER:

Kevin Duncan – Duncan Theis Construction DRT # 06-069

Discussion: The applicant is requesting approvals to add a building addition to the existing store that will tie the main building and the storage building together resulting in one larger retail building. The floor plan is being revised to provide additional retail, storage and receiving space. This property is zoned C-2/PD. Therefore, Revised Development Plans must be reviewed by Planning Commission and City Council for any changes, modifications, or additions. Staff has reviewed this submittal and offers the following comments: a) The existing retail building contains 5,973 square feet of floor area. • 4,854 square feet retail • 589 square feet office • 530 square feet storage b) The existing accessory building contains 2,635 square feet. It is proposed to be broken into additional retail space (1,888 square feet) and a receiving area (747 square feet). c) The area between the two buildings is proposed to be enclosed connecting the two buildings. This addition will contain 822 square feet of floor area. d) A loft of 1,888 square feet is proposed in what is now the accessory building e) Eight additional parking spaces are to be added to the south end of the front parking lot. With the proposed addition and floor plan changes 40 parking spaces are required, 42 are proposed. f) Additional concrete is being added to the west end of the service drive in order to access the receiving area. g) The Landscape Plan provided is totally inaccurate. The storage building is shown oriented opposite to what it is, the driveway layout is incorrect, and the landscape plants are incorrect both in location and in species. It is unclear why this plan is even included. The building addition will not require additional landscaping. h) City code requires 35% of any street facing façade to be constructed from masonry materials. The north façade of the addition shall meet the 35% requirement. i) A letter from Brungardt Engineering states that detention calculations will be submitted at the time of building permit and the existing stormwater cell can be enlarged if necessary. The outfall structure for the detention cell has never been constructed. The cell does not drain. As part of the proposed renovations the stormwater outfall needs to be constructed.

j) Any site area proposed for vehicular access, circulation, parking, delivery, etc. shall be hard surfaced. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of the Revised Development Plans for this project subject to: • Correcting the stormwater outfall. • Adding 35 percent masonry material to the north façade of the proposed addition.

"We provide services, solutions, and opportunities for our community."

For Office Use Only File Number: Folder Number: Date Filed: Fee:

CITY OF KEARNEY

Receipt No.: Revised I 0-13

APPLICATION FOR REVISED PLANNED DISTRICT DEVELOPMENT PLAN APPROVAL 1. 3. 4. 5. 7. 8. 9. 11 . 12 13.

Property Zoned : C-2PD 2. DRT Meeting held: -=-5--=2=-9-_:1....:.4_ _ _ __ __ _ Applicant's Name: Duncan Theis Construction, Inc. (Kevin Duncan) Applicant's Address: 920 E 261h Street suite 100- Kearney, NE- 68847 Phone No.: 308-234-6285 6. E-Mail: [email protected] Owner's Name: Dave Classen -=~~~~~--------------------------------------------------------Owner's Address: 14045 YDC Road , Kearney, NE 68845 Phone No. 308-236-7418 10. E-Mail: --=.: or:..=d=e:..=rs:[email protected];z:t::...: h.=.. ec ::.:o:..:.w.:...~:p:..=o:.:...:ke.=...=co.=..m ..:...:...________________________ Project description: building addition and minor renovation Legal Description (attach second sheet if necessary): 13tbc!l: 8, BltiiCI( t-Eiken Sub Lo., General Location/Address of property to be developed: 7310 2nd Avenue, Kearney, NE

14. Area of property (square feet and/or acres): Submittal Requirements

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D D D

Certified copy of last deed of record must be attached. (Obtain from Register of Deeds Office). Check deed restrictions on subject property prior to making plans to avoid violations of such restrictions. Five sets of full size plans (minimum scale: 1" = 100'). One set of reduced plans (8 Y:z " x 11 "). Building and Parking Information a. Total site area (a) 217,800 sq. ft. b. Number of buildings c. Building coverage (c) 9430 sq. ft. d. Building coverage (c +a) 4 .. 3 % Multi-Family Residential Uses Only 24 e. Building height ft. Number of Buildings Total floor area including basement 11 ,318 Units per Building f. g. Paved Area (h) x14418sf No. of Efficiencies p2126sf p 1190sf h. Total Impervious Coverage (c+h +a) 12.5 % No. of 1 Bedrooms i. Number of parking stalls provided 42 No. of 2 Bedrooms j. Number of parking stalls required 40 No. of 3 Bedrooms k. Front yard setback 50 ft Density- units per lot area I. Side yard setback 25 ft. m. Street side yard setback 25 ft n. Rear yard setback 0 ft. Landscaping Information 0. 10' landscape strip provided adjacent to all streets Yes [8] NoD p. Length of street frontage (a) _.:....::....:.__ 651 _ _ ft. q. r. s. t. U.

4' sidewalk along street Quantity of street trees (a+ 50) 5% interior parking lot landscape Irrigation provided Bufferyard required

Yes D 14 exst Yes [8] Yes [8] Yes [8]

No [8] NoD NoD NoD

PLANNED DISTRICT CHECKLIST Development Plan Package (All plans shall be drawn to scale) A complete plan package including all the elements listed below shall be submitted to provide a complete representation of the development project. 200-Foot Radius Map All improvements, streets, drives, parking areas, land uses and zoning within 200 feet of the boundary of the site.

D

Site Plan. Major environmental site features/concerns such as tree masses, drainage ways, 100-year floodplains, floodways, wetlands, steep slopes, and problematic soils Footprint of all proposed buildings including square footage, number of stories and finish floor elevation.

D D

D D

D D D

All property lines with dimensions and all building setback lines Internal and external transportation and circulation systems including location and dimensions of existing and proposed streets, alleys, driveways, curb cuts, parking lots, parking spaces including ADA handicap spaces, and pedestrian and bicycle paths. Location of existing and proposed utilities including, sanitary sewers , manholes, storm water facilities, municipal water, gas and electrical distribution systems and all associated easements of record or proposed easements Location and design of proposed site lighting. Sharp cut-off fixtures only. Location of all trash enclosures and loading docks

Building Elevations. Exterior architectural building elevations and floor plans, including height, building materials, and other information necessary to describe the project and use of the building 35% of any street facing fayade must be masonry including brick, split-face block, stone, or faux stone except M-1 or M-2 zones.

D D

D

All roof top mechanical equipment shall be screened from view at ground level from adjacent public streets.

Landscape Plan. (May be combined with site plan if all information is legible)

D D

D D D D

A 10-foot landscape strip is required adjacent to each street with a canopy tree for each fifty (50) lineal feet of street frontage located on the subject property. All parking lots exceeding 6 ,000 square feet in area shall provide 5% interior parking lot curbed landscape islands with at least one canopy tree. The plan shall identify plants in a plant schedule by their common and scientific names including quantities, size, and spacing. All plant material must meet City of Kearney minimum size standards. A note on the Landscape Plan shall state that all areas not paved or in planting beds shall be seeded or sodded with turf grass including parking lot islands and shall be watered by an automatic underground sprinkler system. When applicable, twenty-foot (20') wide buffer yards shall be depicted with one tree per each 500 square feet of bufferyard area. At least 50% of the required trees shall be conifers. Shrub beds shall screen trash enclosures; evergreen trees shall screen loading docks.

Site Grading and Drainage Plan. Shall demonstrate site grading and drainage by showing existing contours at 2-foot in tervals and proposed grading at 2-foot intervals with spot elevations at critical locations. Shall show location and approximate size and depth of stormwater detention facilities based on Public Works Plan.

D D

Erosion and Sediment Control Plan. (May be combined with Site Grading and Drainage Plan if all information is legible) Shall demonstrate erosion control and sediment control in compliance with NPDES requirements .

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If applicable, a proposed development schedule including a phasing plan and area calculations for each phase. If applicable, a complete list of deviations or variances from the zoning code th ed f r the project.

Owner's signature

Date

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If you have any questions about this application form, please contact the Development Coordinator at 233-3227.

We provide services, solutions, and opportunities for our community.

BRUNGARDT ENGINEERING

214 W 42bd Street, Suite B POBox2052 Kearney, NE 68848 Phone 308-236·2166

May 30, 2014

Planning Commission City of Kearney 18 E 22nd Street PO Box 1180 Kearney, Nebraska 68848 RE:

Cowpoke Additions and Alterations Modification for Existing Stann Water Collection System Kearney, Nebraska Be Project No. 20 14-051

Dear Planning Commission, On site detention calculations were completed and provided at the time that the original building was constructed. On site detention was provided to the site by means of a detention cell being constructed along the southeast comer of the development. We are currently working on the storm water runoff calculations to first determine if the detention cell in place is sufficient for the requested renovations. Such calculations and plans will be submitted for a building permit when the time arises. It is our opinion that the proposed addition and renovation will have a slight impact on the "impervious coverage" of the lot, increasing the said hard surfaced coverage from 9.5% to 12.5%. When the calculations are complete, we believe that the impact for this increase in impervious coverage of the site will have a very minor impact on the existing storm water collection system and existing facilities as a whole.

If you need further information concerning this matter, please feel free to contact me at 308236-21 66. Sincerely,

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PLANNING COMMISSION MEMO ITEM NO. 10, 11, 12 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Vacation, Preliminary and Final Plat – Brigham and Pierce Addition

PRESENTER:

Mitch Humphrey –Buffalo Surveying Corporation DRT # 13-054

Discussion: This subdivision is a “housekeeping” issue to clean up some disparities that were found with these properties. The applicant is requesting approval to vacate and replat property that contains existing buildings in downtown Kearney. The subdivision plat is being created to resolve a dispute between the owners of two abutting properties at 2001 and 2013 Avenue A. Years ago, the Union Pacific Railroad deeded a 17-foot wide strip of land to the south end of the old Children’s Museum (2013 Avenue A). At some point it was discovered that the owner of 2001 Avenue A owns a one-foot (12”) strip adjacent and to the north side of the 17-foot strip, basically creating a sliver of ownership that is separated from the property that owns it by 17 feet. The manner in which the existing buildings are located on these parcels results in the one-foot strip that actually sits partially under the building of 2013 Avenue A and the owner of 2013 Avenue A owns a comparable strip that sits under the building of 2001 Avenue A. The owners of the two buildings are going to vacate their parcels and replat the land into a two lot subdivision with the lot lines correctly adjusted. Lots 535 thru 539 together with the south 20 feet of Lot 540, Original Town of Kearney Junction will be vacated and will be replatted into a two lot subdivision to be known as Brigham and Pierce Addition. Lot 1 will include the 17 feet between the buildings. There will be a private agreement between the two parties that will be filed at the Register of Deeds Office that establishes rights to access and maintain the improvements on these properties between the two owners. The agreement will allow the owner of 2001 Avenue A to access the 17 foot strip north of their building for the purpose of maintaining or renovating the building. The space between the two buildings will be kept open. The City has requested a copy of the agreement for their files. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of the Vacation and Subdivision Plats for Brigham and Pierce Addition as presented.

"We provide services, solutions, and opportunities for our community."

For Office Use Only Subdivision File Number: Date Filed:

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Fee: Receipt No. : Revised 09-11

APPLICATION FOR VACATION OF SUBDIVISION If you have any ques tions about this application fonn, please contact the Development Coordinator at 233-3227.

Applicant/Agent's Name:

Mitchell W. Humphrey, Buffalo Surveying Corp.

Applicant/Agent's Address: Phone No.:

308-237-3785

5308 Parklane Drive, Ste 3, P.O. Box 905, Kearney, NE 68848 E~Mail

Address:

[email protected]

Owner's Name:

Brigham Lofts, L.L.C. and JWB, L.L.C.

Owner's Address:

Brett A Weis, Owners Representative, 1 Summer Haven Lake, Kearney, NE 68847

Phone No.:

308-627-6210

E-Mail Address:

Legal Description of Property to be Vacated (Use separate sheet if necessary): Lots 535 thru 539. inclusive. and the South 20 feet of Lot 540. Original Town of Kearney Junction. now the City of Kearney, Buffalo County. Nebraska. Address or general location of property to be vacated :

2001 Avenue A and 2013 Avenue A

VACATION OF SUBDIVISION APPLICATION CHECKLIST

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Certified copy of the last deed or document of record from the Register of Deed's Office Map

hawing property and area to be vacated must be submitted

- ]iJ -; ~ Date

We provide services, solutions, and opportunities for our community.

LEGAL DESCRIPTION Lots 535 thru 539, inclusive, and the South 20 feet of Lot 540, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska.

For Office Use Only File Number:

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Date Filed:

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Fee: Total Paid: Receipt No.: Revised I 0-13

$84.00 + $1.00 Qer lot

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PRELIMINARY PLAT APPLICATION If you have any questions about this application form, please contact the Development Coordinator at 233-3227

Applicant's Name: Mitchell W . Humphrey, Buffalo Surveying Corp. Applicant's Address: 5308 Parklane Drive, Ste 3, P.O. Box 905, Kearney, NE 68848 M_ it_ ch -'@'-'<-B_ u_ffa _l_ o_ S_ urv ~ ey<-in _,g.._.c _o _m _ __ _ _ _ _ __ __ _ _ __ _ __ Phone No. 308-237-3785 E-Mail: _ Owner's Name: Brigham Lofts, L.L.C. and JWB, L.L.C. Owner's Address: Brett A. Weis, Owners Representative, 1 Summer Haven, Kearney, NE 68847 E-Mail: Phone No. 308-627-6210 Number of Lots: 2 Size of Subdivision in Acres: 0.44 Acre ~~~~----------------------------Generallocation of property to be developed: North of North Railroad Street and East of Avenue A. Subdivision name exactly as to be recorded: BRIGHAM AND PIERCE ADDITION

~~~~~~--~~----~~-----------------------------

PRELIMINARY PLAT REQUIREMENTS

[8J Certified copy of the last deed or document of record from the Register of Deed's Office if application is not part of a rezoning application

[8J Proposed name of subdivision; name, address of developer, owner and firm who prepared the plat. [8J Location map showing boundary lines of the subdivision with reference to sPection, township and range lines. [8J Identify surrounding property, railroad right-of-way, utility easements, parks, public open space, driveway; city limits, existing subdivisions, and other features within one hundred fifty (150) feet of the subdivision boundary. [8J Date of original and all revisions, present and proposed zoning, acreage of tract, north arrow and bar scale.

[8J Metes and bounds description, including dimensions, bearings, curve data, tangent length, radii, arcs, chords, and central angles for all centerlines and rights-of-way, and centerline curves on streets.

[8J Proposed arrangement of lots, blocks, lot dimensions, and lot areas in square feet or acreage and new block and lot numbers. [8J Property lines within one hundred fifty (150) feet of subject property; proposed width and street names; road and paving cross-sections; dimensioning of setbacks.

[8J Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed rights-of-way, easements and pedestrian ways.

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[8J Existing rights-of-way and easements and all existing water courses, floodplains, wetlands, habitat areas or other environmentally sensitive features within one hundred fifty (150) feet.

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Topography at two (2) foot contours including areas up to one hundred fifty (150) feet of the plat boundaries.

D

Draft Subdivision Agreement (if applicable) including improvement financing plans, including sources of funding (private, assessments, public, Sanitary and Improvement Districts, and other sources) .

Existing site drainage system. Concept Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving the proposed subdivision, including lighting, storm water management and detention.

[8J Required number of copies of Plat document- three (3) full size Plats (required minimum scale - 1" = 200') and one (1) 8 ~ ''x 11" reduced copy of Plat.

[8J Electronic file in the portable document format (pdf) ; all sheets shall be converted to pdf at full size of origin

.J

to City of Ke y. [8J Subdivider: h I c r et all utility companies and dedicate easements

Y

/

o-1

documents

LEGAL DESCRIPTION A tract of land being Lots 535 thru 539, inclusive, and the South 20 feet of Lot 540, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, with said tract of land located in the East Half of the Northwest Quarter (E1/2 NW1/4) of Fractional Section One (1), Township Eight (8) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Southwest Corner of the Northwest Quarter of Fractional Section 1 and assuming the West line of the Northwest Quarter of Fractional Section 1 as bearing N 00°00'13" W and all bearings contained herein are relative thereto; thence N 00°00'13" W and on the West line of the Northwest Quarter of said Fractional Section 1 a distance of 1188.48 feet; thence leaving the West line of the Northwest Quarter of said Fractional Section 1, N 89°59'47" E a distance of 1373.94 feet to the ACTUAL PLACE OF BEGINNING, said point of beginning being the Southwest Corner of Lot 535, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, and said point being on the North line of North Railroad Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N 72°40'20" E and on the South line of said Lot 535, Original Town of Kearney Junction and on the North line of said North Railroad Street a distance of 137.17 feet to the Southeast Corner of said Lot 535, Original Town of Kearney Junction; thence leaving the North line of said North Railroad Street, N 00°15'57" W and on the East line of Lot 535 thru 539, inclusive, Original Town of Kearney Junction and on the East line of Lot 540, Original Town of Kearney Junction, a distance of 125.63 feet to the Northeast Corner of the South 20 feet of said Lot 540, Original Town of Kearney Junction; thence leaving the East line of said Lot 540, Original Town of Kearney Junction, S 89°41'02" W and on the North line of the South 20 feet of said Lot 540, Original Town of Kearney Junction a distance of 130.67 feet to the Northwest Corner of the South 20 feet of said Lot 540, Original Town of Kearney Junction, said point also being on the East line of Avenue "A", a street in the City of Kearney, Buffalo County, Nebraska; thence S 00°06'14" E on the West line of said Lot 540, Original Town of Kearney Junction and on the West line of said Lot 535 thru 539, inclusive, Original Town of Kearney Junction and on the East line of said Avenue "A" a distance of 165.79 feet to the place of beginning. Containing 0.44 acres, more or less. NOTE Prepared by Buffalo Surveying Corporation, on this 22nd day of November 2013, at the request of Brett A. Weis on behalf of Brigham Lofts, L.L.C. and JWB, L.L.C., to reflect the Preliminary Plat as shown. Address of Owners Representative: Brett A. Weis Summer Haven Lake Kearney, NE 68847

Zoning: The subject property is presently zoned Central Business District (CBD) and is to remain the same. Acreage: 0.44 acre, more or less. Infrastructure Feasibility Study: None required as all public infrastructure is constructed and in place to service the property. Storm Water Management: The existing storm water sewer system is in place to service the property. No additional storm water management is required. Survey Information: The buildings and improvements shown are based upon a field survey and. Spot elevations and contours are not required for this project.

For Office Use Only File Number: Date Filed:

l \)

5)ot)~l~ $142.00 + $1 .00 Qer lot

Fee:

CITY Of KEARNEY

~~ ''-\ ,.

Total Paid: Receipt No.:

~ \~~ . ~l) ~ \.\ 50-.(J\)

Revised 10-13

FINAL PLAT APPLICATION

If you have any questions about this application form, please contact the Development Coordinator at 233-3227

Applicant's Name:

Mitchell W. Humphrey, Buffalo SuNeying Corp.

Applicant's Address: PhoneN~

308~37~785

Owner's Name:

~ M~tt=ch~~~B~u~ ~=l~ o=S=uN ~ eyc~~9~·=co~m~~~~~~~~~~~~~~~~~~

Brett A Weis, Owners Representative, 1 Summer Haven, Kearney, NE 68847

308-627-6210

Number of Lots:

E-M~t

Brigham Lofts, L.L.C. and JWB, L.L.C.

Owner's Address: Phone No.

5308 Parklane Drive, Ste 3, P.O. Box 905, Kearney, NE 68848

2

E-Mail: Size of Subdivision in Acres:

Is the property located outside City limits? Yes

D

No [8]

0.44 Acre

~~~~----------------------------------

Does the property need to be annexed? Yes D No [8]

Address/location of property to be developed: __;::;2..:..00.::...1c..:.A:.....:..:...ve~n..:..:u:...:e:.....:A...:...::ac..:. n.:::..d. : 2c.: .0. .:. .1: .3. :. . A.:v.. :.:. .en.. :. .u: . ce::.'-'--------------------------.cA Subdivision name exactly as to be recorded: -=B.:....:R.:....:IG~H...:.:A...:.:M..:..:...:...A.:::..N.:..:D'--"-P=-=IE::.:.R..:..C::....:E=...:...A=D..::D...:...IT.:....;Ic.::.O...:...N::...__~~~~~~~~~~~~--

Final Plat Check List [8] Certified copy of the last deed of record from the Register of Deed's Office if application is not part of a rezoning or preliminary plat application [8] Proposed name of subdivision; name, address of developer, owner and firm who prepared the plat.

[8] Location map, showing boundary lines of the subdivision with reference to section , township and range lines. [8] Date of original and all revisions, acreage of tract, north arrow and bar scale. [8] Existing monumentation including bearings and distances to reference points or monuments; metes and bounds description, including dimensions, bearings, cuNe data, tangent length, radii, arcs, chords, and central angles for all centerlines and rights-of-way, and centerline cuNes on streets sufficient to reproduce the plat on the ground. [8] Dimensions of building setback lines on front and side streets; proposed width and street names; dimensioning of setbacks. [8] Proposed arrangement of lots, blocks, lot dimensions and lot areas in square feet or acreage with new block and lot numbers. [8] Existing and proposed width of easements or land reseNed for or dedicated to public use, width and name of proposed rights-of-way, easements and pedestrian ways.

D

Drainage calculations and percolation tests if needed; Phasing Plan (if applicable).

0

Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for seNing the proposed subdivision including lighting , storm water management and detention.

D

Final Subdivision Agreement (if applicable); improvement financing plans including sources of funding (private, assessments, public, Sanitary and Improvement Districts, and other sources). Subdivider shall contact all utility companies and dedicate easements when needed and submit Utilities Comment Form. Required number of copies of Plat document- three (3) full size (Required minimum scale 1" = 100') and one (1) 8 Yz x 11 reduced copy of Plat. Appropriate signature and certification blocks- see Chapter 53, Table 53-1 , of the Code of the City of Kearney Fully executed 18x24 inch submission on Mylar or similar print of Final Plat to appropriate County Reg ister of Deeds and City of Kearney. ~~tronicf rle in the portable document format (pdf) and all sheets shall be converted to pdf at full size original dfc)' t to City of Kearney. ·

[8] [8]

[8] [8] [8]

~

~/~ o-- /~

~

Date Applicant certifies by signature that slf! the property owner.

LEGAL DESCRIPTION A tract of land being Lots 535 thru 539, inclusive, and the South 20 feet of Lot 540 (all now vacated), Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, with said tract of land located in the East Half of the Northwest Quarter (E1/2 NW1/4) of Fractional Section One (1), Township Eight (8) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Southwest Corner of the Northwest Quarter of Fractional Section 1 and assuming the West line of the Northwest Quarter of Fractional Section 1 as bearing N 00°00'13” W and all bearings contained herein are relative thereto; thence N 00°00'13” W and on the West line of the Northwest Quarter of said Fractional Section 1 a distance of 1188.48 feet; thence leaving the West line of the Northwest Quarter of said Fractional Section 1, N 89°59'47” E a distance of 1373.94 feet to the ACTUAL PLACE OF BEGINNING, said point of beginning being the Southwest Corner of Lot 535, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, and said point being on the North line of North Railroad Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N 72°40'20” E and on the South line of said Lot 535, Original Town of Kearney Junction and on the North line of said North Railroad Street a distance of 137.17 feet to the Southeast Corner of said Lot 535, Original Town of Kearney Junction; thence leaving the North line of said North Railroad Street, N 00°15'57” W and on the East line of Lot 535 thru 539, inclusive, Original Town of Kearney Junction and on the East line of Lot 540, Original Town of Kearney Junction, a distance of 125.63 feet to the Northeast Corner of the South 20 feet of said Lot 540, Original Town of Kearney Junction; thence leaving the East line of said Lot 540, Original Town of Kearney Junction, S 89°41'02” W and on the North line of the South 20 feet of said Lot 540, Original Town of Kearney Junction a distance of 130.67 feet to the Northwest Corner of the South 20 feet of said Lot 540, Original Town of Kearney Junction, said point also being on the East line of Avenue “A”, a street in the City of Kearney, Buffalo County, Nebraska; thence S 00°06'14” E on the West line of said Lot 540, Original Town of Kearney Junction and on the West line of said Lot 535 thru 539, inclusive, Original Town of Kearney Junction and on the East line of said Avenue “A” a distance of 165.79 feet to the place of beginning. Containing 0.44 acres, more or less.

SURVEYOR'S CERTIFICATE I, Mitchell W. Humphrey, President of Buffalo Surveying Corporation, do hereby certify that, Buffalo Surveying Corporation surveyed “BRIGHAM AND PIERCE ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska as shown on the above plat, Jay D. Gormley, Nebraska Registered Land Surveyor No. 717, Party Chief, that the lots are well and accurately staked off and marked, the dimensions of the lots are as shown on the above plat, the lots bear their own number, and that survey was made with reference to known and recorded monuments. (S E A L)

BUFFALO SURVEYING CORPORATION

______________________________________ Mitchell W. Humphrey, President Nebr. Registered Land Surveyor No. 492

DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Kristy K. Weis, Trustee of the Kristy K. Weis Revocable Trust Dated February 4, 2008, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company, Walter D. Martin, Co-Trustee of Walter D. Martin and Jennifer L. Martin Revocable Trust Dated October 15, 2004, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company, Jennifer L. Martin, Co-Trustee of the Walter D. Martin and Jennifer L. Martin Revocable Trust Dated October 15, 2004, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company, and JWB, L.L.C., a Nebraska Limited Liability Company, by and through Steven Pitkin and Andrew Brackett its Members, being the sole owners, and NebraskaLand National Bank by and through its , , as Beneficiary under Deed of Trust, and Geneva State Bank by and through its , , as Beneficiary under Deed of Trust, being the owners and beneficiaries of the land described hereon have caused the same to be surveyed, subdivided, platted and designated as “BRIGHAM AND PIERCE ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, and said owners and beneficiaries hereby ratify and approve the disposition of their property as shown on the above plat, and hereby dedicate to the use and benefit of the public, the streets, and utility easements (if any), as shown upon said plat, and acknowledge said addition to be made with the free consent and in accord with the desires of said owners.

Dated this ___________ day of ________________________, 2014. KRISTY K. WEIS REVOCABLE TRUST DATED FEBRUARY 4, 2008, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company

Kristy K. Weis, Trustee of the Kristy K. Weis Revocable Trust Dated February 4, 2008

WALTER D. MARTIN AND JENNIFER L. MARTIN REVOCABLE TRUST DATED OCTOBER 15, 2004, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company

Walter D. Martin, Co-Trustee of Walter D. Martin and Jennifer L. Martin Revocable Trust Dated October 15, 2004

WALTER D. MARTIN AND JENNIFER L. MARTIN REVOCABLE TRUST DATED OCTOBER 15, 2004, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company

Jennifer L. Martin, Co-Trustee of the Walter D. Martin and Jennifer L. Martin Revocable Trust Dated October 15, 2004

JWB, L.L.C., a Nebraska Limited Liability Company

Steven Pitkin, Member of JWB, L.L.C., a Nebraska Limited Liability Company

JWB, L.L.C., a Nebraska Limited Liability Company

Andrew Brackett, Member of JWB, L.L.C., a Nebraska Limited Liability Company

NEBRASKALAND NATIONAL BANK, Beneficiary under Deed of Trust

Signature and Title Printed Name and Title

GENEVA STATE BANK, Beneficiary under Deed of Trust

STATE OF NEBRASKA COUNTY OF BUFFALO

The foregoing instrument was acknowledged before me this ___________ day of __________ __________, 2014, by NebraskaLand National Bank, Beneficiary under Deed of Trust, by and through its , .

Signature and Title Printed Name and Title

STATE OF NEBRASKA COUNTY OF BUFFALO

(S E A L) ) ) ss: )

(S E A L) Notary Public

My commission expires

COUNTY OF BUFFALO

) ) ss: )

STATE OF NEBRASKA COUNTY OF BUFFALO

) ) ss: )

The foregoing instrument was acknowledged before me this ___________ day of __________ __________, 2014, by Geneva State Bank, Beneficiary under Deed of , . Trust, by and through its (S E A L) Notary Public

My commission expires______________

The foregoing instrument was acknowledged before me this day of , 2014, by Walter D. Martin, Co-Trustee of Walter D. Martin and Jennifer L. Martin Revocable Trust Dated October 15, 2004, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company. (S E A L) Notary Public

My commission expires

Notary Public

My commission expires______________

day of The foregoing instrument was acknowledged before me this , 2014, by Kristy K. Weis, Trustee of the Kristy K. Weis Revocable Trust Dated February 4, 2008, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company.

STATE OF NEBRASKA

RESOLUTION NO.

) ) ss: )

APPROVAL OF KEARNEY, NEBRASKA, CITY PLANNING COMMISSION The undersigned ________________________________________, Chairperson or Vice-Chairperson of the City Planning Commission of the City of Kearney, Buffalo County, Nebraska, does hereby certify that the foregoing plat of “BRIGHAM AND PIERCE ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, was submitted to the Kearney, Nebraska, Planning Commission for a public meeting and review and that recommendation by the Kearney, Nebraska, Planning Commission was made to the City Council on the ____________ day of ______________________________, 2013.

____________________________________ Chairperson or Vice-Chairperson STATE OF NEBRASKA COUNTY OF BUFFALO

) ) ss: )

____________________________________ Print Name and Title

The foregoing instrument was acknowledged before me this day of , 2014, by Jennifer L. Martin, Co-Trustee of the Jennifer L. Martin Revocable Trust Dated October 15, 2004, Member of Brigham Lofts, L.L.C., a Nebraska Limited Liability Company. (S E A L) Notary Public

My commission expires

The above and foregoing plat was submitted to the City Council in and for the City of Kearney, Buffalo County, Nebraska, and duly considered by this Council at its regular meeting assembled on the _____________ day of ____________________, 2014, and upon motion duly made and recorded, the same was approved, in accordance with the requirements of Section 19-916 R.R.S. 1943 (as amended), in all respects by a majority vote of the members of such council.

COUNTY OF BUFFALO

(S E A L)

) ) ss: )

The foregoing instrument was acknowledged before me this day of , 2014, by Steven Pitkin, Member of JWB, L.L.C., a Nebraska Limited Liability Company.

____________________________________ STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL and Ex-Officio Mayor

(S E A L) Notary Public

My commission expires

STATE OF NEBRASKA COUNTY OF BUFFALO

) ) ss: )

The foregoing instrument was acknowledged before me this day of , 2014, by Andrew Brackett, Member of JWB, L.L.C., a Nebraska Limited Liability Company. (S E A L)

My commission expires

Notary Public

BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska. PASSED AND APPROVED THIS DAY OF , 2014.

ATTEST:

APPROVAL OF KEARNEY, NEBRASKA, CITY COUNCIL

Dated this ____________ day of _____________________________, 2014. STATE OF NEBRASKA

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA , that the plat of BRIGHAM AND PIERCE ADDITION, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land being Lots 535 thru 539, inclusive, and the South 20 feet of Lot 540 (all now vacated), Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, with said tract of land located in the East Half of the Northwest Quarter (E1/2 NW1/4) of Fractional Section One (1), Township Eight (8) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Referring to the Southwest Corner of the Northwest Quarter of Fractional Section 1 and assuming the West line of the Northwest Quarter of Fractional Section 1 as bearing N 00°00'13” W and all bearings contained herein are relative thereto; thence N 00°00'13” W and on the West line of the Northwest Quarter of said Fractional Section 1 a distance of 1188.48 feet; thence leaving the West line of the Northwest Quarter of said Fractional Section 1, N 89°59'47” E a distance of 1373.94 feet to the ACTUAL PLACE OF BEGINNING, said point of beginning being the Southwest Corner of Lot 535, Original Town of Kearney Junction, now the City of Kearney, Buffalo County, Nebraska, and said point being on the North line of North Railroad Street, a street in the City of Kearney, Buffalo County, Nebraska; thence N 72°40'20” E and on the South line of said Lot 535, Original Town of Kearney Junction and on the North line of said North Railroad Street a distance of 137.17 feet to the Southeast Corner of said Lot 535, Original Town of Kearney Junction; thence leaving the North line of said North Railroad Street, N 00°15'57” W and on the East line of Lot 535 thru 539, inclusive, Original Town of Kearney Junction and on the East line of Lot 540, Original Town of Kearney Junction, a distance of 125.63 feet to the Northeast Corner of the South 20 feet of said Lot 540, Original Town of Kearney Junction; thence leaving the East line of said Lot 540, Original Town of Kearney Junction, S 89°41'02” W and on the North line of the South 20 feet of said Lot 540, Original Town of Kearney Junction a distance of 130.67 feet to the Northwest Corner of the South 20 feet of said Lot 540, Original Town of Kearney Junction, said point also being on the East line of Avenue “A”, a street in the City of Kearney, Buffalo County, Nebraska; thence S 00°06'14” E on the West line of said Lot 540, Original Town of Kearney Junction and on the West line of said Lot 535 thru 539, inclusive, Original Town of Kearney Junction and on the East line of said Avenue “A” a distance of 165.79 feet to the place of beginning, containing 0.44 acres, more or less, Buffalo County, Nebraska duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, be accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City.

ATTEST: _________________________________ MICHAELLE E. TREMBLY CITY CLERK

MICHAELLE E. TREMBLY CITY CLERK

STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

PLANNING COMMISSION MEMO ITEM NO. 13, 14, 15, 16, 17 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Land Use Map Amendment, Rezoning, Preliminary and Final Plat, Annexation – Tacha Addition - 1170 30th Avenue DRT # 13-056

PRESENTER:

Mitch Humphrey –Buffalo Surveying Corporation

The applicant is seeking approval to rezone and subdivide a tract of land containing 8.76 acres located at the northwest corner of the intersection of two legs of the arterial beltway, 11th Street and 30th Avenue. The subdivision application proposes three lots. The property contains an existing house. NPPD has reserved land abutting the west end of this parcel for a future substation. The proposed future use of the property is unknown at this time. Land Use Map Amendment and Rezoning. The current zoning of this property is AG, Agricultural. The Future Land Use Map of the City Comprehensive Development Plan shows this property designated for “Agricultural/Open”. Staff recommends that the land use designation be changed to “Mixed-Use 2.” At DRT the developer expressed the desire to zone the east parcel to C-3 and the west parcel to M-1. Given the proximity of the new High School and Community College City staff will not support M-1 zoning at this location. The DRT Staff advised the developer that staff will support C-2 zoning on the corner of 30th Avenue and 11th Street and may support C-3/PD zoning for the west parcel. However, the rezoning request before you today is for C-3 zoning for the entire parcel. Staff is opposed to C-3 zoning for the corner lots. Staff preference is the C-2 and C3/PD combination. If C-3 were to be approved for all three lots, staff recommends that the PD, Planned Development Overlay be added to all. Subdivision Plats. The developer is proposing a three lot subdivision with two lots fronting on 30th Avenue and a larger east-west lot behind. Lot 1 contains the existing house and is 1.60 acres in size. Lot 2 is also 1.60 acres in size and both lots have about 144 feet of frontage on 30th Avenue. Lot 3 behind is much larger at 3.92 acres. An Infrastructure Feasibility Plan has been submitted. Staff has reviewed the plats and the feasibility plan and offer the following comments: a) City water and sanitary sewer are available to this site. However, the cost to construct the water and sanitary sewer main in 11th Street west of 30th Avenue is expensive due to the size of the mains, the depth of the sanitary sewer main and groundwater being an issue in constructing the sanitary sewer main. Therefore, the cost to construct these water and sanitary sewer mains is not included in the existing City Budget or Capital Improvement Program and they will not be constructed at this time. If rezoning and platting of the property is approved, a subdivision agreement will be required stating that the Owner agrees to not protest future water, sanitary sewer or paving improvement

b)

c) d)

e)

f)

g) h)

districts in 11th Street and that they agree to pay the assessments levied against their property for those improvement districts. This location is a very busy corner traffic-wise, especially with the schools coming online in the near future. A traffic study was prepared by engineering consultants. The traffic study is calling for a 375 foot left turn stacking bay on 30th Avenue. The only access the developer will get to the properties that abut 30th Avenue is a right in/right out access at the north end of Lot 2 providing a 40-foot wide frontage road within a 56foot wide ingress-egress easement that provides north to south access to Lot 1. The best location for an access point off of 11th Street lines up with the Berean Church access point on the south side of 11th Street. Nebraska Public Power (NPPD) is going to build a sub-station just west of this development. Construction will begin in 2016. The power line will be relocated to the south side of 11th Street once the transformer is built. NPPD will work with the owner as to the location of the power poles, but if the poles need to be moved later it will be at the property owner’s expense. A future public street will likely be required on the west side of the NPPD property providing access to the north, but said street may be located on the east side of the NPPD property which means NPPD and the developer would split the road right-of-way along their common property line. The existing water and sanitary sewer in 30th Avenue and in 11th Street east of 30th Avenue was constructed with grant money. Therefore, there are no connection fees or assessments due from the property owner for those improvements. The property is located in CRA Area #10. Onsite detention will be required.

Annexation. This property is contiguous to the City corporate boundary across the intersection and municipal services are available. By agreement, the City will annex this property with the understanding that improvements will not be installed west of 30th Avenue in 11th Street until sometime in the future. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project.

Recommended Action: Staff recommends amending the rezoning request from C-3 to a combination of C-2 for Lots 1 and 2 and C-3/PD for Lot 3. Staff recommends approval of the subdivision plats and annexation subject to execution of the subdivision agreement.

"We provide services, solutions, and opportunities for our community."

For Office Use Only Rezoning File Number:

d,.C))~ - ~9,

Subdivision File Number: ~'-.)

b

a..a\4 - \\

S(~D/IL\

Date Filed:

$227.00

Fee: Receipt No. : Revised I0-13

APPLICATION FOR REZONING

If you have any questions about this application form, please contact the City Planner, 233-3254 or the Development Coordinator, 233-3227.

Applicant/Agent's Name: Mitchell W. Humphrey, Nebr. Reg. Land Surveyor No. 492, Buffalo Surveying Corp. Applicant/Agent's Address: Phone No.:

308-237-3785

Owner's Name: Owner's Address: Phone No.:

5308 Parklane Drive, Ste 3, P.O. Box 905, Kearney, NE 68848-0905 E-Mail:

--'-'-M:..:..:it=-ch_,@~B-=u.:..:..ffa=l.::...oS=-u::..;.rv.:..:..e.::...y<...:.:in..:.sg<.:...c.:....:o.:..:..m .:..:..__ _ __ _ __ _ _ _ _ __

_

Lynn E. Tacha and Sandra D. Tacha, husband and wife 1170 30th Avenue, Kearney, NE 68845

308-216-0299

E-Mail:

TheLandUseMapsho~~~area~be: ~A~g~M=-cu.::...l:..:..:~~r=-~:..:..:O~p.:....:e.:..:..n.:..:..__ _ _ _ _ _ _ _ _ __

The Land Use Map needs to be amended to: Application is hereby filed to rezone from District:

AG

to District:

C-3

_ _ _ __ _ _ _ __

______________

~_.::...

Legal Description of Property to be Rezoned (Use separate sheet if necessary): See Attached Sheet Address or general location of property to be rezoned: ---=-1.: . .17.:. :. 0=-=-30.:. . :t: . .:.h.: . .A.:. :. v=-e.:. :. .- - - - - - - - - - - - - - - - - Total number of acres to be rezoned:

8.76

______________________________

~~.:..:..._

Adjacent zoning to the North: --'--'A-=G_ __ South: . . . :. . ;A:. .=G____ East: __;_A:..=G:...._._ _ West: ......:....;A;..::G:...._._ _ _ _ __ Description of the reason for the rezoning application and the nature and operating characteristics of the proposed use: Develop commercial tracts to accomodate anticipated growth/development in the general area. REZONING APPLICATION CHECKLIST

{8]

Certified copy of the last deed or document of record from the Register of Deed's Office

r8J

Map showing area to be rezoned (8 Yz x 11)

Owner's signature

05-28-2014 Date

We provide services, solutions, and opportunities for our community

ZONING EXHIBIT A TRACT OF LAND BEING PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 8 NORTH, RANGE 16 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BUFFALO COUNTY, NEBRASKA

L ]

UNPLATIED

AG

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CORNERS ESTABUSHBJ (5/8" X 2-f." R.ROO W/ 1.0. CAP STAAIP£lJ "HWPHR£Y LS 492 ")

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II = II£AS/JR£D DISTANCES

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A tract of land being part of the South Half of the Southeast Quarter (Sl/2 SE1/4) of Section Four (4), Township Eight (8) North, Range Sixteen (16) West ofthe Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Beginning at the Southeast Corner of the Southeast Quarter of said Section 4, thence Northerly on the East line of said Southeast Quarter a distance of 338.0 feet; thence Westerly a distance of 1427.7 feet; thence Southerly a distance of 338.0 feet to a point on the South line of said Southeast Quarter of said Section 4; thence Easterly on the afore said South line a distance of 1427.7 feet to the place of beginning, EXCEPTING the West 300.0 feet of the South 338.0 feet of the East 1427.7 feet of said South Half of the Southeast Quarter. Containing 8 .76 acres, more or less, of which 1.08 acres, more or less are presently being used for road purposes on the south and east sides.

Address of Owners: Lynn E. Tacha Sandra D. Tacha 1170 30thh Avenue Kearney, NE 68845 P . O. Box 905

(308) 237-3785

For Office Use Only File Number: Date Filed: Fee: Total Paid: Receipt No.: Revised l 0-13

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$84.00 + $1.00 [!er lot

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PRELIMINARY PLAT APPLICATION If you have any questions about this application form, please contact the Development Coordinator at 233-3227

Applicant's Name:

Mitchell W. Humphrey, Nebr. Registered Land Surveyor No. 492, Buffalo Surveying Corp.

Applicant's Address: PhoneN~

308~3~3785

Owner's Name:

E-Mail: ~M~R~ch~~~B~u~ff~~~o~S~urv~eyLi~ng~·~co~m~~~~~~~~~~~~~~~~~~Lynn E. Tacha and Sandra D. Tacha, husband and wife 111

Owner's Address: Phone No.

5308 Parklane Drive, Ste 3, P.O. Box 905, Kearney, NE 68848-0905

1170 30 Avenue, Kearney, NE 68845

308-216-0299

Number of Lots:

3

E-Mail: Size of Subdivision in Acres:

Generallocation of property to be developed: Subdivision name exactly as to be recorded:

8.76

~~----~--------------~~----~~------111

1170 30111 Ave. (North and West of intersection of 30th Ave. & 11 St.) TACHA ADDITION

----~~~~~-----------------------------------------

PRELIMINARY PLAT REQUIREMENTS

I2$J Certified copy of the last deed or document of record from the Register of Deed's Office if application is not part of a rezoning application

I2$J Proposed name of subdivision; name, address of developer, owner and firm who prepared the plat.

0 0 0

Location map showing boundary lines of the subdivision with reference to section, township and range lines. Identify surrounding property, railroad right-of-way, utility easements, parks, public open space, driveway; city limits, existing subdivisions, and other features within one hundred fifty (150) feet of the subdivision boundary. Date of original and all revisions, present and proposed zoning, acreage of tract north arrow and bar scale.

[8J Metes and bounds description, including dimensions, bearings, curve data, tangent length, radii, arcs, chords, and central angles for all centerlines and rights-of-way, and centerline curves on streets.

I2$J Proposed arrangement of lots, blocks, lot dimensions, and lot areas in square feet or acreage and new block and lot numbers. I2$J Property lines within one hundred fifty (150) feet of subject property; proposed width and street names; road and paving

[8J

cross-sections; dimensioning of setbacks. Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed rights-of-way, easements and pedestrian ways.

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Phasing Plan if applicable.

I2$J Existing rights-of-way and easements and all existing water courses, floodplains, wetlands, habitat areas or other environmentally sensitive features within one hundred fifty (150) feet.

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Topography at two (2) foot contours including areas up to one hundred fifty (150) feet of the plat boundaries. Existing site drainage system. Concept Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving the proposed subdivision, including lighting, storm water management and detention. Draft Subdivision Agreement (if applicable) including improvement financing plans, including sources of funding (private, assessments, public, Sanitary and Improvement Districts, and other sources).

[8J Required number of copies of Plat document- three (3) full size Plats (required minimum scale- 1" = 200') and one (1) 8 Yz "x

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11" reduced copy of Plat. Electronic file in the portable document format (pdf); all sheets shall be converted to pdf at full size of original documents to City of Kearney. Subdivider shall contact all utility companies and dedicate easements whe 05-28-2014

Owner's signature

Date

PROPOSED

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TACHA ADDITION AN ADDITION TO THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA

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Benchmark= 2169.53 feet of elevation on top of the NGS Marker "H 435 1991 (NAVD 88) located north of the railroad tracks for the Union Pacific Railroad and on the south side of the paving for North Railroad Street approximately 200 feet west of 30th Avenue overpass centerline. Benchmark= 2161.55 feet of elevation (NAVD 88) on top of the Northwest capbolt of the fire hydrant located in the Northwest Quadrant of the intersection of 30th Avenue and 11th Street centerlines. Add 2100 feet of elevation to all spot elevations for true datum. SURVEYOR'S CERTIFICATE UTILITY INFORMATION Locations of underground utilities are based upon utility locations provided by the various utility companies and/ or their agents by a meet locate dated November 5, 2013 (reference Diggers Hotline Ticket No. 133050151).

Surveyed by Buffalo Surveying Corporation, October 15, 25, and 30 and November 5 and 6, 2013, as shown on the above plat, RickS. Garvue, Nebr. Registered Land Surveyor No. 591, Party Chief, and the building(s) and other improvements are located in relationship to the exterior lines of the above described tract as shown on the above plat, and all information shown on the above plat is true and correct to the best of my knowledge and belief. (SEAL)

BUFFALO SURVEYING CORPORATION

Mitchell W. Humphrey, President Nebr. Registered Land Surveyor No. 492 Address of Owners: Lynn E. Tacha Sandra D. Tacha 1170 30thh Avenue Kearney, NE 68845

68848

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For Office Use Only File Number: Date Filed:

CITY OF KEARNEY

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$142.00 + $1 .00

Total Paid:

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Revised 10·13

FINAL PLAT APPLICATION

If you have any questions about this application form, please contact the Development Coordinator at 233·3227

Applicant's Name:

Mitchell W. Humphrey, Nebr. Registered Land Surveyor No. 492, Buffalo Surveying Corp.

Applicant's Address:

5308 Parklane Drive, Ste 3, P.O. Box 905, Kearney, NE 68848-0905

PhoneNo. 308~3~378 E-Mail: [email protected]~B~u~~=l~oS~urv~eyLi~ng~·~oo=m~~~~~~~~~~~~~~~~~~ Owner's Name: LynnE Tacha and Sandra D. Tacha, husband and wife 1170 30th Avenue, Kearney, NE 68845

Owner's Address: Phone No.

308-216·0299

Number of Lots:

3

E-Mail: Size of Subdivision in Acres:

8. 76

~~---------------------------------------

Is the property located outside City limits? Yes D No [8J Does the property need to be annexed? Yes [8J INo D Address/location of property to be developed: 1170 30ll1 Ave. (North and West of Intersection of 30~~'~ Ave. & 11ll1 St.) Subdivision name exactly as to be recorded:

TACHA ADDITION

~~~~~~~~----------------------------------------

Final Plat Check List [8J Certified copy of the last deed of record from the Register of Deed's Office if application is not part of a rezoning or [8J [8J [8J [8J

preliminary plat application Proposed name of subdivision; name, address of developer, owner and firm who prepared the plat. Location map, showing boundary lines of the subdivision with reference to section, township and range lines. Date of original and all revisions, acreage of tract, north arrow and bar scale.

Existing monumentation including bearings and distances to reference points or monuments; metes and bounds description, including dimensions, bearings, curve data, tangent length, radii, arcs, chords, and central angles for all centerlines and rights-of-way, and centerline curves on streets sufficient to reproduce the plat on the ground. [8J Dimensions of building setback lines on front and side streets; proposed width and street names; dimensioning of setbacks. [8J Proposed arrangement of Jots, blocks, lot dimensions and lot areas in square feet or acreage with new block and lot numbers. [8J Existing and proposed width of easements or land reserved for or dedicated to public use, width and name of proposed rights-of-way, easements and pedestrian ways.

[8J Drainage calculations and percolation tests if needed; Phasing Plan (if applicable). [8J Infrastructure Feasibility Plan including location of water, sanitary sewer, all underground installations for serving the proposed subdivision including lighting, storm water management and detention.

D

Final Subdivision Agreement (if applicable); improvement financing plans including sources of funding (private, assessments, public, Sanitary and Improvement Districts, and other sources). [8J Subdivider shall contact all utility companies and dedicate easements when needed and submit Utilities Comment Form. 0 Required number of copies of Plat document- three (3) full size (Required minimum scale 1» = 100') and one (1) 8 Yz x 11 reduced copy of Plat. [8J Appropriate signature and certification blocks- see Chapter 53, Table 53-1, of the Code of the City of Kearney 0 Fully executed 18x24 inch submission on Mylar or similar print of Final Plat to appropriate County Register of Deeds and City of Kearney. [8J Electronic file in the portable document format (pdf) and all sheets shall be converted to pdf at f size of original documents to City of Kearney. 05-28-2014 Owner's signature

Date

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LEGAL DESCRIPI'ION

SURVEYOR'S CERTIFICATE

A tract of land being part of the South Half of the Southeast Quarter (S1/2 SE1/4) of Section Four (4), Township Eight (8) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Beginning at the Southeast Corner of the Southeast Quarter of said Section 4, thence Northerly on the East line of said Southeast Quarter a distance of 338.0 feet; thence Westerly a distance of 1427.7 feet; thence Southerly a distance of 338.0 feet to a point on the South line of said Southeast Quarter of said Section 4; thence Easterly on the afore said South line a distance of 1427.7 feet to the place of beginning, EXCEPTING the West 300.0 feet of the South 338.0 feet of the East 1427.7 feet of said South Half of the Southeast Quarter. Containing 8.76 acres, more or less, of which 1.08 acres, more or less are presently being used for road purposes on the south and east sides.

I, Mitchell W. Humphrey, President of Buffalo Surveying Corporation, do hereby certify that, Buffalo Surveying Corporation smveyed "TACHA ADDITION", an addition to the City of Keruney, Buffalo County, Nebraska, as shown on the above plat, RickS. GaiVUe, Nebraska Registered Land Surveyor No. 591, Party Chief, that the lots are well and accurately staked off and marked, the dimensions of the lots are as shown on the above plat, the lots bear their own number, and that said survey was made with reference to known and recorded monuments. (SEAL)

BUFFALO SURVEYING CORPORATION

Mitchell W. Humphrey, President Nebr. Registered Land Surveyor No. 492

Address of Owners: Lynn E. Tacha Sandra D; Tacha 1170 30thh Avenue Kearney, NE 68845 P.O. Box 905

(308) 237-3785

SHEET 1 OF 2 SHEETS

DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Lynn E. Tacha and Sandra D. Tacha, husband and wife, the sole owners, and Exchange Bank, Beneficiary under Deed of Trust, by and through Brad Hennig its Executive Vice President, being the sole owner and beneficiary, of the land described hereon have caused the same to be surveyed, subdivided, platted and designated as “TACHA ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, and said owners and beneficiary hereby ratify and approve the disposition of their property as shown on the above plat, and hereby dedicate to the use and benefit of the public, the streets, and utility easements (if any), as shown upon said plat, and acknowledge said addition to be made with the free consent and in accord with the desires of said owners.

APPROVAL OF KEARNEY, NEBRASKA, CITY PLANNING COMMISSION The undersigned ________________________________________, Chairperson or Vice-Chairperson of the City Planning Commission of the City of Kearney, Buffalo County, Nebraska, does hereby certify that the foregoing plat of “TACHA ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska, was submitted to the Kearney, Nebraska, Planning Commission for a public meeting and review and that recommendation by the Kearney, Nebraska, Planning Commission was made to the City Council on the ____________ day of ______________________________, 2014.

Dated this ___________ day of ________________________, 2014.

____________________________________ Chairperson or Vice-Chairperson

Lynn E. Tacha

____________________________________ Print Name and Title

Sandra D. Tacha APPROVAL OF KEARNEY, NEBRASKA, CITY COUNCIL

EXCHANGE BANK, Beneficiary under Deed of Trust, by and through its Executive Vice President, Brad Hennig

Brad Hennig, Executive Vice President

ACKNOWLEDGEMENTS STATE OF NEBRASKA COUNTY OF BUFFALO

) ) ss: )

The above and foregoing plat was submitted to the City Council in and for the City of Kearney, Buffalo County, Nebraska, and duly considered by this Council at its regular meeting assembled on the _____________ day of ____________________, 2014, and upon motion duly made and recorded, the same was approved, in accordance with the requirements of Section 19-916 R.R.S. 1943 (as amended), in all respects by a majority vote of the members of such council.

ATTEST:

STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

(S E A L) ____________________________________ STANLEY A. CLOUSE PRESIDENT OF THE COUNCIL and Ex-Officio Mayor

(S E A L) Notary Public My commission expires

COUNTY OF BUFFALO

BE IT RESOLVED BY THE PRESIDENT AND COUNCIL OF THE CITY OF KEARNEY, NEBRASKA, that the plat of “TACHA ADDITION”, an addition to the City of Kearney, Buffalo County, Nebraska for a tract of land part of the South Half of the Southeast Quarter (S1/2 SE1/4) of Section Four (4), Township Eight (8) North, Range Sixteen (16) West of the Sixth Principal Meridian, Buffalo County, Nebraska, more particularly described as follows: Beginning at the Southeast Corner of the Southeast Quarter of said Section 4, thence Northerly on the East line of said Southeast Quarter a distance of 338.0 feet; thence Westerly a distance of 1427.7 feet; thence Southerly a distance of 338.0 feet to a point on the South line of said Southeast Quarter of said Section 4; thence Easterly on the afore said South line a distance of 1427.7 feet to the place of beginning, EXCEPTING the West 300.0 feet of the South 338.0 feet of the East 1427.7 feet of said South Half of the Southeast Quarter, containing 8.76 acres, more or less, Buffalo County, Nebraska duly made out, acknowledged and certified, and the same hereby is approved in accordance with the provisions and requirements of Section 19-916 of the Nebraska Revised Statutes, be accepted and ordered filed and recorded in the Office of the Register of Deeds of Buffalo County, Nebraska; said addition is hereby included within the corporate limits of said City and shall be and become a part of said City for all purposes whatsoever, and the inhabits of such addition shall be entitled to all the rights and privileges and shall be subject to all laws, ordinances, rules and regulations of said City. BE IT FURTHER RESOLVED that the President of the Council be and is hereby authorized and directed to execute the final plat on behalf of the City of Kearney, Nebraska. , 2014. PASSED AND APPROVED THIS DAY OF

Dated this ____________ day of _____________________________, 2014.

day of The foregoing instrument was acknowledged before me this , 2014, by Lynn E. Tacha, husband of Sandra D. Tacha.

STATE OF NEBRASKA

RESOLUTION NO.

ATTEST:

MICHAELLE E. TREMBLY CITY CLERK

_________________________________ MICHAELLE E. TREMBLY CITY CLERK

) ) ss: )

day of The foregoing instrument was acknowledged before me this , 2014, by Sandra D. Tacha, wife of Lynn E. Tacha. (S E A L) 1.

Notary Public

My commission expires

STATE OF NEBRASKA COUNTY OF BUFFALO

) ) ss: )

The foregoing instrument was acknowledged before me this day of , 2014, by Exchange Bank, Beneficiary Under Deed of Trust by and through its Executive Vice President, Brad Hennig. (S E A L) Notary Public My commission expires

Address of Owners: Lynn E. Tacha Sandra D. Tacha 1170 30thh Avenue Kearney, NE 68845

We Bring Your Concept To Reality PROJECT NO:

XX-XX-XXX

DRAWN BY:

K. CORDES

DATE:

05.30.2014

SHEET NO:

C0.0

Visit Us At www.bdconstruction.com

209 East 6th Street Post Office Box 726 Kearney, NE 68848 TEL 308.234.1836

WHAT'S THE BD?

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PLANNING COMMISSION MEMO ITEM NO. 18 DRT # 11-028

FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Conditional Use Permit – Construction Batch Plant East side of Cherry Avenue north of the City Wastewater Treatment Plant

PRESENTER:

Richard Ray – Werner Construction Inc.

Discussion: The applicant is requesting a two-year extension of Conditional Use Permit 2011-09 for a temporary construction batch plant associated with the Cherry Avenue Interchange and Bypass construction project. Werner Construction was awarded the bid for the first phase of the project and obtained CUP 2011-09 with the condition that the CUP could be extended if they are awarded Phase Two. They have been awarded phase two and are seeking the extension. The batch plant is located on a portion of the Kappas property on the east side of Cherry Avenue north of the City Wastewater Treatment Plant. The site is zoned Agricultural; therefore, a CUP is required for this use. The site is outside the Well Head Protection Area Zoning Overlay District. As with Phase One, Werner Construction will be hauling white rock and sand into the site. An irrigation well exists on the property and the owner has agreed to sell water to Werner for mixing concrete. The area the site will be located on is 500 feet by 700 feet. Trucks will be parked along the back of the property. Werner Construction has installed two driveways with the locations approved by Buffalo County Highway Department. After completion of the property, Werner will remove the culverts and return the site to its original condition, unless the County wants the altered road to remain. Werner will maintain the haul road in and out. This project will last approximately two (2) years. The conditions that were established in 2011 will continue through this phase of the permit and are listed as follows: 1. Limited to 6 months past the length of the project, but may be renewable at the end of the project if the Werner is awarded bids for future phases. 2. All equipment shall be removed from the site by the time said permit expires. 3. The following procedures shall be performed by the applicant to insure proper maintenance of the gravel sections public roadways used during the hauling operation. a. Applicant shall core all soft spots and pot-holed areas in the road and rebuild the subgrade with half inch (1/2”) limestone or crushed concrete aggregate. b. River gravel or river rock is not acceptable for rebuilding subgrade. c. Applicant shall provide a written schedule to water and blade the length of the gravel street surface with a motor grader and shall adhere to said schedule during times that the site is active. Staff recommends that the road be watered and bladed every four hours when trucks are operating.

September 16, 2011

Page 2

d. Applicant shall maintain a minimum two-inch (2”) average depth of gravel or rock surfacing on top of the road bed at all times. 4. Hours of operation shall not be limited. 5. This operation shall continue to meet all Federal or State agency requirements and standards. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of this CUP application subject to the conditions listed above.

"We provide services, solutions, and opportunities for our community."

Haul Road

PLANNING COMMISSION MEMO ITEM NO. 19 FROM:

Lance A. Lang, City Planner

MEETING:

June 20, 2014

SUBJECT:

Conditional Use Permit – Material Excavation / Borrow Site Mercer Sandpit (4,500 feet West of Cherry Avenue, north of I-80)

PRESENTER:

Richard Ray, Werner Construction Inc.

Discussion: The applicant is requesting a two-year extension of Conditional Use Permit 2011-10 for removal of construction aggregate for phase two of the Cherry Avenue Interchange and Bypass project. The original Conditional Use Permit (CUP) contained language allowing the City Council to extend the permit if Werner Construction is awarded the bid for phase two. They have been selected for phase two and would like to request the extension at this time. The sand and gravel will be taken from an existing gravel pit on the Mercer property to supply material to the Werner construction batch plant on the Kappas property to the east. Werner Construction has a CUP for the batch plant as well. The site is zoned Agricultural; therefore, a CUP is required for resource extraction. The material will be removed from the west end of the existing sandpit and hauled out along the north side of the City waste water treatment plan (WWTP) to existing Cherry Avenue then north to the batch plant site. The original CUP had several conditions attached in order to address timing, wellhead protection, and circulation issues associated with this project. Staff recommends the conditions be continued as part of the phase two extension of the CUP. The conditions to be maintained for the CUP extension are as follows: a) This CUP shall be limited to a time limit of six months after the completion of Phase Two of the Cherry Avenue Bypass project, but may be renewable at the end of the project if the applicant is awarded additional work for future phases and said renewal is authorized by the Planning Commission and City Council; b)

By the time this CUP expires, all stockpiled material must be either removed from the site or redistributed on site and re-vegetated as part of the natural landscape;

c) All equipment must be removed from the site by the time the CUP expires; d) This operation shall continue to meet all Federal or State agency requirements and standards including; Industrial Storm Water Permit, and a discharge permit, if necessary, from the Nebraska Department of Environmental Quality. If said permit is re-issued for the second phase the applicant will provide the City of Kearney with an updated copy of the permit and abide by the conditions of the permit during the term of the Conditional Use Permit; e) Portable toilet facilities shall be utilized, properly maintained and protected from damage;

June 20, 2014

f)

Page 2

Fuel storage areas, if located on-site, shall be lined with a 60 mil high density polyethylene liner and bermed to contain the entire contents of the fuel storage container. The liner should extend over the berms and be anchored on the outside of the containment area.

g) The applicant must continue to adhere to the regulations set forth in 45-104 of the City of Kearney Wellhead Protection Zone 1: 1. Septic systems and leach fields are prohibited. All development must be directly connected to City sewer services, if available. 2. Any development must be connected to City water services if such services are available within five hundred (500) feet of the site. If a connection is impossible, all new wells shall be installed in accordance with Title 178 of the Nebraska Administrative Code. Well installation further requires the approval of both the City’s Director of Utilities and the appropriate State of Nebraska regulatory agencies. 3. Storage of petroleum and agricultural chemicals for resale shall be prohibited. Storage of over five hundred (500) gallons of petroleum and/or agricultural chemicals for personal use shall require approval by both the City’s Director of Utilities and the appropriate State of Nebraska regulatory agencies. 4. Surface water run-off shall be contained within the boundaries of any proposed development. 5. All development requires the written approval of the City’s Director of Utilities and the appropriate State of Nebraska Department of Health. h) The following procedures shall be performed by the applicant to insure proper maintenance of the gravel sections of the roads utilized for this project and CUP: 1. Applicant shall core all soft spots and pot-holed areas in the road and rebuild the subgrade with half-inch (1/2”) limestone or crushed concrete aggregate. 2. River gravel or river rock is not acceptable for rebuilding subgrade 3. Applicant shall provide a written schedule to water and blade the length of the gravel street surface with a motor grader and shall adhere to said schedule during times that the site is active. Staff recommends that the road be watered and bladed every four hours when trucks are operating. 4. Applicant shall maintain a minimum two-inch (2”) average depth of gravel or rock surfacing on top of the road bed at all times. i)

Hours of operation for excavation shall be limited to Monday through Saturday, 7:00 am to 6:00 pm.

Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of this CUP extension subject to conditions a through j listed above.

"We provide services, solutions, and opportunities for our community."

ORDINANCE NO. 7681 AN ORDINANCE OF THE CITY OF KEARNEY, NEBRASKA, GRANTING A CONDITIONAL USE PERMIT TO WERNER CONSTRUCTION, INC. (APPLICANT) AND ARCHVIEW LLC (OWNER) TO OPERATE A GRAVEL PIT TO PROVIDE AGGREGATE FOR THE CHERRY AVENUE BYPASS AND IMPROVEMENTS TO 1-80 ON PROPERTY ZONED DISTRICT AG, AGRICULTURAL DISTRICT AND DESCRIBED AS A TRACT OF LAND BEING PART OF THE NORTHEAST QUARTER, THE EAST HALF OF THE NORTHWEST QUARTER AND GOVERNMENT LOTS 3, 4, 5, 6, 7 AND 12 IN SECTION 8, TOWNSHIP 8 NORTH, RANGE 15 WEST OF THE 6TH P.M., BUFFALO COUNTY, NEBRASKA, EXCEPT A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SAID SECTION 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 850 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8, THENCE SOUTHWESTERLY 1,878 FEET FROM THE EAST SECTION LINE OF SAID SECTION 8 AT AN ANGLE OF 9i18' FROM THE NORTH, THENCE SOUTH 594 FEET, MORE OR LESS PARALLEL TO THE EAST LINE OF SAID SECTION 8 TO THE CENTER LINE OF THE NORTH CHANNEL OF THE PLATTE RIVER, THENCE EASTERLY ALONG THE CENTER LINE OF THE NORTH CHANNEL TO A POINT DUE SOUTH OF THE PLACE OF BEGINNING ON SAID EAST LINE OF SAID SECTION 8, THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE PLACE OF BEGINNING, EXCEPT A TRACT OF LAND BEING PART OF GOVERNMENT LOT 3 AND PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND ASSUMING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 AS BEARING WEST AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE WEST A DISTANCE OF 707.66 FEET TO THE ACTUAL PLACE OF BEGINNING; THENCE S00.22'49"E A DISTANCE OF 2036.33 FEET; THENCE N89.30'04"W A DISTANCE OF 1794.04 FEET TO A POINT ON THE WEST LINE OF GOVERNMENT LOT 3 IN SAID SECTION 8; THENCE N00.41'18"E AND ON THE WEST LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 2020.81 FEET TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3; THENCE EAST ON THE NORTH LINE OF SAID GOVERNMENT LOT 3 AND THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 A DISTANCE OF 1756.18 FEET TO THE PLACE OF BEGINNING, EXCEPT A TRACT OF LAND BEING PART OF THE NORTHEAST QUARTER OF SAID SECTION 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8 AND ASSUMING THE NORTH LINE OF SAID NORTHEAST QUARTER AS BEARING WEST AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE WEST ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 A DISTANCE OF 2114.73 FEET; THENCE S00.48'24'E A DISTANCE OF 1498.27 FEET; THENCE N7i21'46"E A DISTANCE OF 1304.67 FEET; THENCE N05.22'53"W A DISTANCE OF 73.51 FEET; THENCE N7i19'30"E A DISTANCE OF 850.70 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE N00.11'W AND ON THE AFORESAID EAST LINE A DISTANCE OF 952.88 FEET TO THE

Ordinance No. 7681

Page2

PLACE OF BEGINNING, AND EXCEPT A TRACT OF LAND BEING PART OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 8 AND ASSUMING THE NORTH LINE OF SAID SECTION 8 AS BEARING WEST AND ALL BEARINGS CONTAINED HEREIN ARE RELATIVE THERETO; THENCE WEST ON THE NORTH LINE OF SAID SECTION 8 A DISTANCE OF 707.66 FEET; THENCE S00.22'49"E A DISTANCE OF 1926.91 FEET; THENCE N79.30'17"E A DISTANCE OF 1011.06 FEET; THENCE NOf29'43"W A DISTANCE OF 164.85 FEET; THENCE N7i31'07"E A DISTANCE OF 266.57 FEET; THENCE N00.48'24"W A DISTANCE OF 1520.44 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 8; THENCE WEST ON THE NORTH LINE OF SAID SECTION 8 A DISTANCE OF 533.82 FEET TO THE PLACE OF BEGINNING, BUFFALO COUNTY, NEBRASKA, AS MADE AND PROVIDED BY SECTION 59-103 "CONDITIONAL USE PERMITS" OF CHAPTER 59 "ADMINISTRATION AND PROCEDURES" OF CITY CODE OF THE CITY OF KEARNEY, BUFFALO COUNTY, NEBRASKA; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM BY THE AUTHORITY OF THE CITY COUNCIL AND EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF KEARNEY, NEBRASKA: Section 1. A Conditional Use Permit is hereby granted to Werner Construction, Inc. (Applicant) and Archview LLC (Owner), hereinafter referred to as Permittee, to operate a gravel pit to provide aggregate for the Cherry Avenue Bypass and improvements to 1-80 on property zoned District AG, Agricultural District and described as a tract of land being part of the Northeast Quarter, the East Half of the Northwest Quarter and Government Lots 3, 4, 5, 6, 7 and 12 in Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska, EXCEPT a tract of land in the Southeast Quarter of said Section 8, more particularly described as follows : Beginning at a point which is 850 feet south of the northeast corner of the Southeast Quarter of said Section 8, thence southwesterly 1,878 feet from the East Section Line of said Section 8 at an angle of 97" 18' from the north, thence south 594 feet, more or less parallel to the east line of said Section 8 to the center line of the North Channel of the Platte River, thence easterly along the center line of the North Channel to a point due south of the place of beginning on said east line of said Section 8, thence north along the east line of said Section 8 to the place of beginning, EXCEPT a tract of land being part of Government Lot 3 and part of the East Half of the Northwest Quarter of said Section 8, more particularly described as follows: Referring to the northeast corner of the Northwest Quarter of said Section 8 and assuming the north line of the Northwest Quarter of said Section 8 as bearing west and all bearings contained herein are relative

Ordinance No. 7681

Page3

thereto; thence west a distance of 707.66 feet to the ACTUAL PLACE OF BEGINNING ; thence S00.22'49"E a distance of 2036.33 feet; thence N89.30'04"W a distance of 1794.04 feet to a point on the west line of Government Lot 3 in said Section 8; thence N00.41'18"E and on the west line of said Government Lot 3 a distance of 2020.81 feet to the northwest corner of said Government Lot 3; thence east on the north line of said Government Lot 3 and the north line of the Northwest Quarter of said Section 8 a distance of 1756.18 feet to the place of beginning, EXCEPT a tract of land being part of the Northeast Quarter of said Section 8, more particularly described as follows: Beginning at the northeast corner of the Northeast Quarter of said Section 8 and assuming the north line of said Northeast Quarter as bearing west and all bearings contained herein are relative thereto; thence west on the north line of the Northeast Quarter of said Section 8 a distance of 2114.73 feet; thence S00.48'24'E a distance of 1498.27 feet; thence N7i21'46"E a distance of 1304.67 feet; thence N05.22'53"W a distance of 73.51 feet; thence N7i 19'30"E a distance of 850.70 feet to a point on the east line of the Northeast Quarter of said Section 8; thence N00.11 'W and on the aforesaid east line a distance of 952 .88 feet to the place of beginning, AND EXCEPT a tract of land being part of the Northeast Quarter and part of the East Half of the Northwest Quarter of said Section 8, more particularly described as follows : Beginning at the northeast corner of the Northwest Quarter of Section 8 and assuming the north line of said Section 8 as bearing west and all bearings contained herein are relative thereto; thence west on the north line of said Section 8 a distance of 707.66 feet; thence S00.22'49"E a distance of 1926.91 feet; thence N79.30'17"E a distance of 101 1.06 feet; thence NOf29'43"W a distance of 164.85 feet; thence N7i31'07"E a distance of 266 .57 feet; thence N00.48'24"W a distance of 1520.44 feet to a point on the north line of said Section 8; thence west on the north line of said Section 8 a distance of 533.82 feet to the place of beginning, Buffalo County, Nebraska, subject to and in continued compliance with the following terms, conditions and requ irements: 1. The Permit shall be limited to a time limit of six months after the completion of Phase I of the Cherry Avenue Bypass project, but may be renewable at the end of the project if the applicant is awarded additional work for Phase II and a renewal is authorized by the Planning Commission and City Council. 2. By the time this Permit expires, all stockpiled material must be either removed from the site or redistributed on site and re-vegetated as part of the natural landscape. 3. All equipment must be removed from the site by the time this Permit expires. 4. This operation shall meet all Federal or State agency requirements and standards.

Ordinance No. 7681

Page4

5. Permittee shall apply for an Industrial Storm Water Permit, and a discharge permit, if necessary, from the Nebraska Department of Environmental Quality. If said permit is issued, Permittee shall provide the City of Kearney with a copy of the permit and abide by the conditions of the permit during the term of the Conditional Use Permit. 6. Portable toilet facilities shall be utilized , properly maintained and protected from damage. 7. Fuel storage areas, if located on-site, shall be lined with a 60 mil high density polyethylene liner and bermed to contain the entire contents of the fuel storage container. The liner should extend over the berms and be anchored on the outside of the containment area. 8. Permittee must adhere to the regulations set forth in Section 45-104, Zone 1 Regulations of Chapter 45, District W, Wellhead Protection Overlay District of the Kearney City Code: a. Septic systems and leachfields are prohibited. All development must be directly connected to City sewer services, if available. b. Any development must be connected to City water services if such services are available within five hundred (500) feet of the site. If a connection is impossible, all new wells shall be installed in accordance with Title 178 of the Nebraska Administrative Code. Well installation further requires the approval of both the City's Director of Utilities and the appropriate State of Nebraska regulatory agencies. c. Storage of petroleum and agricultural chemicals for resale shall be prohibited . Storage of over five hundred (500) gallons of petroleum and/or agricultural chemicals for personal use shall require approval by both the City's Director of Utilities and the appropriate State of Nebraska regulatory agencies. d. Surface water run-off shall be contained within the boundaries of any proposed development. e. All development requires the written approval of the City's Director of Utilities and the appropriate State of Nebraska Department of Health . 9. The following procedures shall be performed by Permittee to insure proper maintenance of the gravel sections of the roads utilized for this project and this Permit: a. Permittee shall core all soft spots and pot-holed areas in the road and rebuild the subgrade with one half inch (1 /2") limestone or crushed concrete aggregate. b. River gravel or river rock is not acceptable for rebuilding subgrade. c. Permittee shall provide a written schedule to water and blade the length of the gravel street surface with a motor grader and shall adhere to said schedule during times that the site is active. Staff recommends that the road be watered and bladed every four hours when trucks are operating .

Ordinance No. 7681

Page5

d. Permittee shall maintain a minimum two-inch (2") average depth of gravel

or rock surfacing on top of the road bed at all times. 10. Hours of operation for excavation shall be limited to Monday through

Saturday, 7:00a.m. to 6:00 p.m. 11. Werner Construction, Inc. (Applicant) and Archview LLC (Owner) agree to

indemnify and hold the City harmless in the case of an accident, injury, loss, claims or damages to persons or property accruing or resulting from the permitted use. 12. By accepting this Conditional Use Permit, Werner Construction, Inc.

(Applicant) and Archview LLC (Owner) agree to conform with all existing and applicable City ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations . 13. Said Permit is temporary in character, shall immediately expire if abandoned, is not transferable without written consent of the City, and is subject to revocation, upon notice and hearing by the City Council upon determination by the Council that Permittee has failed, refused, or ceased to comply with the conditions set herein, or has used or permitted the property to be used in such a manner as to constitute a nuisance, or to be injurious or harmful to the health, safety, morals or welfare of persons or property or future developments require revocation in order to comply with the spirit of the Unified Land Development Ordinance. The City hereby also reserves to itself all powers, rights and duties of enforcement authorized by Neb. Rev. Stat. § 19-913 or any other laws of the State of Nebraska. Section 2. That all of said Unified Land Development Ordinance as set forth in

Ordinance No . 6864, except as heretofore amended, is to remain in full force and effect. Section 3.

This Ordinance shall be in full force and effect from and after its

passage, approval and publication according to law and shall be published in pamphlet form by the authority of the Mayor and Council. INTRODUCED BY COUNCIL MEMBER ---..f:::::4-~~~~~--PASSED AND APPROVED THIS 8TH DAY 0

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STANLEY A. CL SE PRESIDENT OF THE COUNCIL AND EX-OFFICIO MAYOR

ATTEST:

MICHAELLE E. T CITY CLERK

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C E RTIFICATE STATE OF NEBRASKA COUNTY OF BUFFALO CITY OF KEARNEY

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I, Michaelle E. Trembly, City Clerk of the City of Kearney, Buffalo County, Nebraska, hereby certify that the attached is a true and correct copy of Ordinance No. 7681 to conduct a public hearing on the Application submitted by Werner Construction, Inc. (Applicant) and Archview LLC (Owner) for a Conditional Use Permit to operate a gravel pit to provide aggregate for the Cherry Avenue Bypass and improvements to 1-80 on property zoned District AG, Agricultural District and described as a tract of land being located in the Northeast Quarter, the East Half of the Northwest Quarter and Government Lots 3, 4, 5, 6, 7 and 12 in Section 8, Township 8 North, Range 15 West of the 6th P.M., Buffalo County, Nebraska (west of Cherry Avenue, north of Wastewater, which was passed and approved by the President and City Council on the 8th day of November, 2011 and ordered published in pamphlet form by the authority of the Council on November 9, 2011 , with copies being made available to the public on such date at the Office of the City Clerk, the Police Department and the Public Library.

IN WITNESS WHEREOF , I have hereunto affixed my hand and seal this 9th day of November, 2011 .

ACKNOWLEDGMENT FOR CONDITIONAL USE PERMIT We , on behalf of Werner Construction, Inc. (Applicant) and Archview LLC (Owner) hereby acknowledge that we have received a copy of Ordinance No. 7681 wh ich grants to Werner Construction, Inc. (Applicant) and Archview LLC (Owner), a Conditional Use Permit for the purpose as made and provided by Section 59~1 03 "Conditional Use Permits" of Chapter 59 "Administration and Procedures" of the City Code of the City of Kearney, Buffalo County, Nebraska. We, on behalf of Werner Construction, Inc. (Applicant) and Archview LLC (Owner), hereby further acknowledge that we have read, understand and agree to the cond itions as set out in Ordinance No. 7681 and will comply with the terms thereof.

DATE:

1!-7-({

DATE:

!I- 7-11 Steve Mercer, Archview LLC

PLANNING COMMISSION MEMO ITEM NO. 20 FROM:

Lance A. Lang, City Planner

MEETING:

June, 20 2014

SUBJECT:

Code Amendments to Chapter 14, and Chapter 28 of the Unified Land Development Ordinance for Regulations Pertaining to the CBD Zoning District (Kearney Center Mixed-Use District)

PRESENTER:

Development Services Staff

Discussion: At the Planning Commission hearing last month City Administration presented proposed Code amendments pertaining to new development and infill development in the Central Business District, which includes the downtown area. The matter was tabled for a month to allow Administration to hold additional listening sessions. The listening sessions are scheduled for Tuesday, June 10 at 8:30 am and Tuesday, June 17 at 5:30 pm in the City Council chambers. The proposed amendments are intended to establish consistent design elements that are unique to the CBD zoning district to achieve the ”downtown look” as well as create parameters for development that does not fit the traditional zero-lot line, public parking concept of a downtown use. Non-traditional CBD sites such as the Apple Market grocery store or areas closer to the courthouse may not be a good fit for these types of design standards and the owners may wish to pursue rezoning of these properties to a C-1 or C-2 commercial type zone, although compliance with new Code would not be required until such time as new development or significant remodeling occurs. There are twelve changes proposed in two chapters of the Unified Land Development Ordinance (ULDO). Chapter 14, “Zoning District Regulations” contains Table 14-1, The Use Matrix Table. This is the table that indicates which use types are allowed in which zones and whether the particular use types in each zoning district are: 1. Prohibited 2. Allowed by right 3. Require a Conditional Use Permit (CUP) 4. Require a PD, Planned Development Overlay This table also alerts the reader if there are any additional “Supplemental Regulations” by referencing the appropriate Code section in the far right column, if applicable. The proposed amendments to Table 14-1 change the status of “Retail Services (Medium)” from a PD, Planned Development Overlay requirement to a use that is permitted by right. Medium retail services are retail establishments containing 3,000 to 10,000 square feet of floor area. The status of “Retail Services (Large)” is proposed to change from a “P”, permitted by right, to a PD, Planned Development Overlay requirement. Large retail services are retail

establishments containing 10,001 to 40,000 square feet of floor area. A two story traditional downtown building on an original lot contains 6,500 square feet. A reference to Section 28-102 is proposed under the Supplemental Regulations column. Chapter 28 is the chapter that lists the development regulations for the CBD District. Changes to Chapter 28 are proposed as follows: a) The site area per housing unit in square feet is decreased from a minimum of 1,000 to 325 square feet for permitted residential uses as was discussed last month. The existing minimum of 1,000 square feet was to be reduced to 650 square feet but as several people said, even 650 square feet is not accommodating to smaller units such as efficiency and one-bedroom apartments. b) The site area per housing unit in square feet for all other permitted uses is set at 650 square feet, whereas the existing Code considers it to be “N/A” non-applicable. The use type “Retail Services (Large)” is currently permitted by right in CBD zones but the proposed amendments will require a Planned District PD Overlay for this use type. c) The minimum lot area for permitted residential uses and all other permitted uses is decreased from 5,000 to 3,250 square feet. d) The maximum rear yard setback is increased from 0 to 60 feet in all cases. This space allows for owner and employee parking as well as service functions off the alley for businesses and parking for upper floor residents. There is no minimum setback. e) The project size requiring PD, Planned District overlay requirements changes from “N/A” to “more than 4 units” for permitted residential uses and from “N/A” to “greater than 10,000 square feet” for all other permitted uses. In this manner larger projects that may have more significant development impacts on the surrounding area are required to develop a “planned” approach and submit the plans to the Planning Commission and City Council for approval. f) “Simulated Building Stone” will be removed from the list of acceptable enhanced building materials on street facing facades and the required percentage of enhanced building materials is set at 75% for both permitted residential uses and all other permitted uses (is currently 0 and 35 percent respectively). Stone veneer is acceptable as it is formed from masonry by-products and applied to the wall with mortar. The veneer is typically 1 inch thick and must weigh less than 15 pounds per square foot (73 kg/m2) so that no additional structural supports will be required. Manufactured stone veneer is a decorative building material manufactured to replicate the look of natural stone. The names artificial stones, stacked stone veneer, manufactured stone, and flexible stone veneer are also used for stone veneer. Stone veneer can be made from natural stone as well as manufactured stone. Stone veneer is fabricated by pouring a lightweight concrete mix into rubber forms of different shapes and styles, which are then painted or stained with a coloring process making the material resemble real stone. The stone veneer is then attached to interior or exterior walls with special mortars. g) The minimum offset required for building articulation to avoid the “barracks” look on long, continuous and connected facades is changed from every 100 feet to 50 offset with the minimum depth of five feet for each horizontal offset in all cases. h) The endnote titled “Note 1: Flexible Floor Area Ratios in Planned Districts” is intended to allow the Planning Commission and City Council the flexibility to increase the maximum floor area ratio (FAR) for a particular project. A proposed amendment adds the verbiage allowing them to decrease the FAR as well. i) Under 28-103, “Special Regulations and Standards” the following amendments are proposed as new notes:

i.

ii. iii. iv.

Paragraph B; “All street facing façades shall have a minimum transparency of 75% on the storefront or ground floor, and a minimum transparency of 40% on upper floors. Windows and doors contributing to the transparency minimum on the storefront or ground floor shall not be reflective, smoky, or heavily tinted.” Paragraph C; “Simulated building stone is not an acceptable masonry material for street facing façades. Stone veneer is acceptable. Paragraph E; “Mechanical equipment shall not be visible from the street.” Paragraph F; “Roofs shall be flat, or slope concealed from street view by parapet cap, cornice, or other measure.

A strikeout/underline version of the amendments is included for your review. Fiscal Note: The Development Services Department is not aware of any undue financial obligations affecting the City that may be associated with this project. Recommended Action: Staff recommends approval of the proposed amendments as presented. "We provide services, solutions, and opportunities for our community."

Chapter 28 DISTRICT CBD, KEARNEY CENTER MIXED USE DISTRICT 28-101

PURPOSE

This District provides appropriate development regulations for Kearney Center, the City’s central business district. The grouping of uses is designed to strengthen the town center’s role as a center for trade, service, and civic life. Mixed uses are allowed and encouraged within the CBD District. 28-102

SITE DEVELOPMENT REGULATIONS

Regulator Site Area per Housing Unit (sq. ft.) Minimum Lot Area Minimum Lot Width (feet) Minimum Yards (feet) Front Yard Side Yard Street Side Yard Rear Yard Maximum Yards (feet) Front Yard Side Yard Street Side Yard Rear Yard Maximum Height (feet) Maximum Building Coverage Maximum Impervious Coverage Floor Area Ratio (Note 1) Maximum Amount of Total Parking Located in Street Yard Project Size Requiring Planned Development District (PD) Minimum street-facing facades utilizing a masonry material, including brick, split-faced concrete masonry units, or building stone, or simulated building stone. Minimum off-set of building for every 100 50 feet of horizontal distance for building articulation Minimum Depth of Landscaping Adjacent to Street Right-of-Way Line (feet)

Permitted Residential Uses 1,000650325 5,0003,250 No requirement

All Other Permitted Uses NA650 5,0003,250 No requirement

0 0 0 0

0 0 0 0

0 0 0 60 120 100% 100% NA

0 0 0 60 120 100% 100% 6.0

NA

50%

NA>4 units

NA>10,000

75%

3575%

5 feet

5 feet

0

0

Note 1: Flexible Floor Area Ratios in Planned Districts The Planning Commission and City Council may increase or decrease the maximum Floor Area Ratio for a development in a planned district. (Ord. No. 6964, 6-10-2003) 28-103 A.

SPECIAL REGULATIONS AND STANDARDS No building facade facing a street shall have the appearance of a rear facade. Architectural details, including materials, textures, patterns, colors, and design features used on the front facade shall be incorporated into all facades facing public streets and easily visible to the public.

B.

C.

D. E. F.

All street facing building facades shall have a minimum transparency of 75% on the storefront or ground floor, and a minimum transparency of 40% on upper floors. Windows and doors contributing to transparency minimum on the storefront or ground floor shall not be reflective, smoky, or heavily tinted. Simulated building stone is not an acceptable masonry material for street facing facades. Stone veneer made from natural stone or manufactured stone is acceptable. Stone veneer uses a lightweight concrete mix molded and formed into different shapes and styles, which are then painted or stained to make the material resemble real stone. The names artificial stones, stacked stone veneer, manufactured stone, and flexible stone veneer are also used for stone veneer. All buildings and developments shall include a direct, clear, and safe pedestrian connection from adjacent public sidewalks to the entrances of buildings within the development. Mechanical equipment shall not be visible from the street. Roofs shall be flat, or slope concealed from street view by parapet cap, cornice, or other measure.