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Planning commission recommends rezoning for Columns apartments, approves amended site plan with conditions

5763466 · April 15, 2025
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Summary

The Kearney Planning and Zoning Commission voted to recommend that the Board of Aldermen approve rezoning of a 2.2‑acre parcel at the northeast corner of Jefferson Street and Lawrence Street to RP‑4 with an amended concept plan for a proposed second 24‑unit apartment building.

The Kearney Planning and Zoning Commission voted to recommend that the Board of Aldermen approve rezoning of a 2.2‑acre parcel at the northeast corner of Jefferson Street and Lawrence Street to RP‑4 (high‑density residential plan district) with an amended concept plan for a proposed second 24‑unit apartment building at the Columns complex.

Staff said the rezoning would align the property’s zoning with density requirements and replace an R‑3 designation that no longer fits the applicant’s proposed density. The commission’s recommendation includes multiple conditions of approval: a 22‑foot setback along Jefferson Street based on the existing right of way; either a 5‑foot public sidewalk with easement or a 10‑foot shared‑use path and corresponding trail easement if the K‑353 tax‑abatement is approved; an ADA‑compliant driveway approach on Lawrence Street; stone veneer and a third architectural element on all four building elevations; and a trash‑enclosure location that allows turnaround for vehicles and service trucks.

The staff report said the applicant supplied updated plan sheets showing a 10‑foot shared‑use path and a concrete block trash enclosure detail the week of the meeting; updated architectural elevations were still pending at the time of the hearing. Staff also added standard administrative language allowing the city engineer or attorney to require minor changes to the site plan without returning the project to the commission for ministerial revisions. The conditions require submission of any necessary DNR land‑disturbance permit prior to grading, installation and maintenance of sediment and erosion controls during construction, submittal of a building permit prior to construction and installation of a key box as required by the Kearney Fire and Rescue Protection District.

Commission members invited the applicant team—identified in the record as Zach Lowenstein and engineer Ron Calder—to the meeting to answer questions. The applicant noted that the street right‑of‑way may be a “mode off” right‑of‑way (as discussed in the hearing), which could affect whether the shared‑use path can be placed in the right‑of‑way; the commission’s condition therefore requires an easement for whichever width (5‑foot sidewalk or 10‑foot path) is ultimately installed so the Board of Aldermen can accept the easement if necessary.

After brief discussion, a commissioner moved that the commission recommend approval of rezoning to RP‑4 with the concept plan and amended site plan subject to the staff‑recommended conditions. The motion carried on a voice vote.

The application was scheduled to appear before the K‑353 redevelopment board at its next meeting and before the Board of Aldermen on May 5 for final action.