Commission continues review of Columns Apartments after questions on trail, utilities and tax abatement

The Kearney Planning and Zoning Commission continued consideration of a rezoning and amended site plan for a proposed 24‑unit apartment building at the northeast corner of Jefferson Street and Lawrence Street to a date certain of April 14, citing outstanding questions about a proposed 10‑foot shared‑use path, existing utility easements and final site engineering.

Applicant Zach Lowenstein (owner/operator) and engineer Ron Cowger presented the project and a staff report recommending approval of rezoning from R3 (medium‑density residential) to RP4 (high‑density residential planned district) with a concept plan and conditions. Staff’s recommended conditions included a 22‑foot setback along Jefferson Street (based on existing right‑of‑way), a 10‑foot sidewalk along Jefferson as a shared‑use path consistent with the comprehensive plan, ADA‑compliant driveway approaches, stone veneer extended across the building’s south elevation, submission of a DNR land‑disturbance permit prior to grading (if applicable), and other standard engineering and permitting requirements.

Lowenstein introduced himself and said he and his wife live near Kearney and intend to invest in local multifamily housing. "We've owned the Collins Building for about a year and a half now ... we get calls probably three times a month for people looking for apartments," Lowenstein said.

The hearing focused on whether the 10‑foot shared‑use path requested by staff is feasible at this location. The applicant's engineer said a 5‑foot sidewalk was part of the 1997 plan and that a 10‑foot path raises detailed design and utility conflicts — including underground electrical lines, water mains, sanitary lines, a box culvert and other structures — that were not fully shown on the submitted survey. "There's a large box culvert that comes underneath Jefferson Street ... as we start getting this thing wider and wider ... we have to put that width somewhere," Ron Cowger told the commission.

City staff told the commission the 10‑foot path is part of the city’s comprehensive plan vision for a trail connection that will eventually link Macquarie Park to downtown; staff also noted the applicant has applied for a Kearney 3‑53 tax abatement that, if approved, can include negotiated elements such as additional public infrastructure. A city staff speaker said projects approved through the 3‑53 process can receive a 100% abatement on qualifying new improvements; commission discussion later referenced an early estimate that abatement could total roughly $850,000 over 15 years, though the final amount and approval remain subject to the Kearney 3‑53 board and Board of Aldermen reviews.

Commissioners raised additional site questions including dumpster location and circulation, parking counts, building materials and whether the building elevations should extend higher‑quality materials around all visible elevations. The applicant said the proposed building would be three stories, include stone veneer on Jefferson and other materials on long facades, provide ADA‑accessible units on the first floor (there is no elevator) and add a key box for fire department access as required by Kearney Fire and Rescue Protection District.

Because the feasibility and cost of a 10‑foot trail at this location depend on unresolved utility and grading issues and because the project seeks significant tax incentives, the commission voted to continue the item to April 14 to allow the applicant and staff time to resolve utility conflicts, confirm whether a 10‑foot path is practicable or whether a 5‑foot sidewalk is appropriate, and to review dumpster and parking layout revisions. The motion to continue passed unanimously.