Planning panel backs rezoning of Cottonwood Creek site for nine cottages

The Kearney Planning and Zoning Commission voted to recommend the Board of Aldermen approve rezoning 1.7 acres at the northwest corner of Nation Road and Cottonwood Creek Avenue from C (general commercial) to RP2 (low‑density residential) to allow nine single‑family cottages, and separately approved a preliminary plat amendment to include the cottages in the Cottonwood Creek preliminary plat.

The vote follows a staff presentation and public hearing during which neighbors raised concerns about reduced setbacks, landscaping buffers and stormwater. Staff recommended approval with conditions including specific setback modifications, recordation of an owners association, and city‑engineer review of public improvements.

The rezoning and concept plan were presented by city planning staff as a request from Deer Valley (represented at the hearing by Craig Porter and AGC Engineers). The concept replaces about 1.7 acres of commercial land with nine dwelling units laid out around an internal, private one‑way drive. Staff said the proposal results in a density of about 5.29 dwelling units per acre and conforms to the newer RP1B density allowances that were adopted after the application was submitted.

Neighbor Brian O'Neil of 1609 Willow Lane told the commission he worried the reduced north side setback from a previous 35‑foot commercial setback to a proposed minimum 10‑foot side yard would place a dwelling close to his property and remove the larger buffer he expected when he bought his home. "My concern is ... a dwelling 10 foot from the property line that buds up to us," O'Neil said during public comment.

Cindy Behnken, a board member of the Cottonwood Creek homeowners association, asked whether runoff from the new lots would flow to the existing community detention pond. AGC Engineers’ Ron Cowger said the project will convey stormwater and that, in the engineering review submitted to the city, the development’s runoff coefficients are lower than they would be under commercial use. "We proved to the city through this application process that our runoff coefficients were actually less than what it would have been if it were commercial," Cowger said.

Key conditions recommended by staff and included in the commission’s motions require: approval of the RP2 plan as presented with nine dwellings; modified setbacks (10‑foot side yard to the north, minimum 15‑foot street‑side setback to the south, minimum 25‑foot front setback to the west); city engineer approval of public improvements and payment of engineering review fees; recordation of the homeowners association documents that will govern ownership and maintenance of common tracts; and full compliance with all city codes, permits and fees.

Commission discussion touched on driveway width and the private alley. The internal alley is shown at roughly 24 feet back‑of‑curb to back‑of‑curb and is one‑way; project representatives said the alley is private, the HOA will be responsible for snow removal and other maintenance, and homeowners will purchase building footprints while the association will own and maintain the yard areas and internal drive. Commissioners and residents discussed long‑term maintenance costs for a small, nine‑house HOA; developer representatives said proper construction and reserve planning should keep long‑term costs manageable.

The Planning and Zoning Commission approved a motion recommending the Board of Aldermen approve the rezoning to RP2 with the staff conditions and also approved the Cottonwood Creek preliminary plat amendment with staff conditions. The staff presentation noted the rezoning will be scheduled for Board of Aldermen hearing on April 7; the preliminary plat is approved by the planning and zoning commission and does not go forward to the board.

The record shows the commission approved both motions; the meeting transcript does not list individual vote tallies by name.