Moved by Fredrickson and seconded by McSweeney that the minutes of the December 16, 2016 Planning Commission meeting be approved.

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1 Planning Commission Kearney, Nebraska January 20, :00 a.m. Vice-Chairman Dart called to order the City of Kearney Planning Commission meeting in the Council Chambers at 9:00 a.m. on Friday, January 20, The following members were present: Paul Fredrickson, Richard McGinnis, Tami Moore, Jack McSweeney, Stan Dart, Ed Berglund, Jim McKeon, Dave Malone, Justin Wolf. Coelette Gruber, City Planner was also present. Some of the citizens present in the audience included: Brent Yaw, Larry Surmeier and Amanda Push 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 Vice-Chairman Dart announced that in accordance with Section 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 DECEMBER 16, 2016 MINUTES Moved by Fredrickson and seconded by McSweeney that the minutes of the December 16, 2016 Planning Commission meeting be approved. Roll call resulted as follows: Aye: Wolf, Fredrickson, McSweeney, Moore, Berglund. Nay: None. Dart, McGinnis, McKeon, Malone abstained. Motion carried. CONDITIONAL USE PERMIT NO SMILING FACES ACADEMY Vice-Chairman Dart opened the public hearing on the application submitted by Danielle Franks for Smiling Faces Academy, Inc. and CHI Health Good Samaritan Hospital for a Conditional Use Permit to operate a day care on property zoned District C-0, Office District and described as Lot 25, Northwest Quarter School Section Addition, an addition to the City of Kearney, Buffalo County, Nebraska (3307 Avenue A). Justin Wolf vacated his chair and abstained from voting on this item due to a conflict. The applicant is requesting a Conditional Use Permit (CUP) to operate a daycare center at 3307 Avenue A. There is a daycare care being operated by CHI Health Good Samaritan Hospital presently. The City Code s daycare types and definitions mirror the State regulations at the Department of Health and Human Services (DHHS). City Code requires a CUP for all daycare centers. Current zoning for the south half of Lot 25 is C-O/PD and the north half of the property is C-O, Office District. A revised development plan is not required at this time since the building use type or size is not changing. The surround

2 January 20, 2017 Page 2 zoning is C-O (north), R-1 (east), and C-O/PD (south and west). The properties abutting the proposed daycare center to the south, west, and north are health care type uses and the property to the east is a religious assembly building. The applicants will be licensed for 100 children of various ages. The hours of operation will be 5:30 a.m. to 10:00 p.m., Monday through Saturday. The daycare will employ a manager plus a maximum of twenty (20) other people. The employees will continue park on in the CHI lot south of the property. Two points of access are provided into the property s parking lot from Avenue A. This parking lot will be used by the clients for the drop off and pickup of children. City Staff offers the following conditions for this permit based on indications from the proposed operations of the child care center: a) A maximum of 100 children and 20 employees. b) A copy of the State license from the Department of Health and Human Services is requested for the file. b) Hours of operation will be 5:30 a.m. to 10:00 p.m. Monday thru Saturday. c) Employees shall park in CHI parking lot south of the proposed play area. e) The CUP will automatically be renewed in 5 years as long as there are no legitimate complaints or concerns (sooner if the license fro Larry Surmeier with Good Samaritan Hospital presented this item to the Planning Commission. Mr. Surmeier stated the building located at 3307 Avenue A has been operated by Good Samaritan Hospital since 1992 as a daycare. The hospital recently came into partnership with Smiling Faces to continue operation as a daycare and in the process of Ms. Franks getting her license from the State she discovered that we needed a Conditional Use Permit in order to operate the daycare. Vice-Chairman Dart asked if the hospital had any concerns with the conditions of the CUP that are being suggested by the City. Mr. Surmeier stated the hospital does not have any issues with the suggested conditions of the CUP. McSweeney stated the only concern he has is that the half-moon driveway is very narrow and there are no signs indicating which drive is the entrance and which drive is the exit. Mr. Surmeier stated the driveway is two lanes wide and there is parking on the west side of the circle drive for about 6 vehicles. It would be very easy to paint directional arrows indicating entrance and exit. Vice-Chairman Dart closed the hearing. There was no one present in opposition to this hearing. Moved by McSweeney and seconded by Moore that the application submitted by Danielle Franks for Smiling Faces Academy, Inc. and CHI Health Good Samaritan Hospital for a

3 January 20, 2017 Page 3 Conditional Use Permit to operate a day care on property zoned District C-0, Office District and described as Lot 25, Northwest Quarter School Section Addition, an addition to the City of Kearney, Buffalo County, Nebraska (3307 Avenue A) be submitted to City Council with recommendation for approval with the following conditions: a) A maximum of 100 children and 20 employees. b) A copy of the State license from the Department of Health and Human Services is requested for the file. b) Hours of operation will be 5:30 a.m. to 10:00 p.m. Monday thru Saturday. c) Employees shall park in CHI parking lot south of the proposed play area. e) The CUP will automatically be renewed in 5 years as long as there are no legitimate complaints or concerns (sooner if the license from DHHS is modified). After five years, the possibility of a longer renewal period may be considered. f) Paint the circle drive with directional signs; the south access point being the entrance and the north access point being the exit. Roll call resulted as follows: Aye: Fredrickson, McSweeney, Dart, Moore, Berglund, McGinnis, McKeon, Malone. Nay: None. Wolf abstained. Motion carried. CODE AMENDMENT NO Vice-Chairman Dart opened the public hearing on the proposed amendments to the following chapters/sections of the City Code as follows: Section C of Chapter 12 Definitions to add a definition Cargo Container Farm allowing for the storage and movement of materials and products within an intermodal freight transport system and repurposed for a Controlled Environment Agriculture (CEA) use. Section C of Chapter 12 Definitions to add a definition Controlled Environment Agriculture (CEA) providing any agricultural technology that enables the grower to manipulate the environment to desired growing and/or cultivation conditions. Section H of Chapter 12 Definitions to add a definition Hydroponics and/or Aeroponics providing the propagation of plants using a mechanical system designed to circulate a solution of minerals in water for home use or distribution to retailers, restaurants, and consumers. Section Agricultural Use Types of Chapter 13 Use Types to add Urban Farming allowing the use of property for the cultivation of food and/or horticultural crops such as hydroponics and/or aeroponics. Table 14-1 Use Matrix of Chapter 14 Zoning District Regulations to add Urban Farming to Agricultural Uses. Section Supplemental Use Regulations: Agricultural Uses of Chapter 46 Supplemental Use Regulations to add Urban Farming and to set forth the conditions. Staff Comments: The Urban Farming Code Amendment hearing was continued at last month s Planning Commission meeting. During the December 16, 2016 meeting, an Urban Farming Task Force was created to study the proposed amendments and bring forward findings to present to the Planning Commission. A Task Force meeting was held on January 4, 2017 and January 18, 2017 with Planning Commission members Paul Fredrickson, Justin Wolf, and

4 January 20, 2017 Page 4 Ed Berglund present. The Urban Farming Task Force will present their findings when they have completed their study. The applicant is requesting code amendments to allow completely contained hydroponic growing system within the downtown (2000 1st Avenue). He intends to provide lettuce and other greens to local businesses. Freight Farms manufactures modified shipping containers outfitted with hydroponic growing equipment. The following link explains the container farms Mr. Yaw is requesting the approval of code amendments related to urban farming. The code amendments include definitions, a use type, use matrix additions, and supplemental regulations. A strike out/underline version of the applicant s proposed amendments is attached for your review. Urban farming is the use of property for the cultivation and growing of horticultural crops. Urban farming is not currently permitted as a use type. The proposed additions to City Code would allow for the cultivation of produce and/or horticultural crops in nonagricultural districts. The amendments define and place supplemental use requirements on urban farming. Definitions The following urban farming definitions will be additions to City Code. The definitions will describe and limit urban farming. The bullet points below include the definition, the section of code, and the reasoning for the amendment based on many hours of research/communication with other communities. Cargo Container Farm: A cargo container repurposed for a Controlled Environment Agriculture (CEA) use such as hydroponics and/or aeroponics. Section B. C, of Chapter 12 Definitions. This cargo container - farm amendment limits the modification of cargo containers to specific CEA uses. Controlled Environment Agriculture (CEA): Any agricultural technology that enables the grower to manipulate the environment to desired growing and/or cultivation conditions. Section U. C, of Chapter 12 Definitions. This simply defines controlled environment agriculture. Hydroponic and/or Aeroponics: The propagation of plants using a mechanical system designed to circulate a solution of minerals in water for growing produce. Section C. H, of Chapter 12 Definitions. This simply defines hydroponics and aeroponics. Use Type The purpose of use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted or conditionally permitted within various zoning districts. The urban farming will be grouped with other agricultural use types. The bullet point below includes the use type definition, the section of code, and reasoning for the use type. Urban Farming: The use of property for the cultivation and growing of horticultural crops using hydroponics and/or aeoroponics Section G. Urban Farming, of Chapter 13 Use Types. This amendment defines the urban farming use type and limits urban farming to hydroponic and/or aeroponics.

5 January 20, 2017 Page 5 Use Matrix Additions The Use Matrix table found in Chapter 14 of City Code shows the use types, zoning districts, and the levels of permit for each use. The applicant s code amendment will permit the urban farming as a Conditional Use in the C-2, CBD, C-3, M-1, and M-2 zoning districts. A Conditional Use Permit (CUP) must be approved by Planning Commission and City Council following the procedure set forth in Section , Conditional Use Permit Procedure. A CUP has an effective period of two years. The following shows the section of City Code to be amended and reasoning behind the amendment. Table 14-1 Agricultural Use, Use Matrix of Chapter 14 Zoning District Regulations. o This applicant s amendment shows Urban Farming permitted in some commercial districts and all industrial districts with the approval of a Conditional Use Permit (CUP). o Staff supports urban farming in industrial districts with a CUP. In the Central Business District, Staff would only support urban farming within a structure which meets the regulations of the district. o The applicant brought the urban farming use type forward to Downtown Improvement Board and the board was in favor of the use type in the Central Business District. Supplemental Regulations Supplemental Use Regulations are applied to certain use types which have characteristics that require additional controls in order to protect public health, safety, and welfare. Urban Farming is an untested use type and each urban farming project will be unique. The code amendment contains the conditions for urban farming to be reviewed by. The code amendments are shown in Section E. Urban Farming, Supplemental Use Regulations: Agricultural Use of Chapter 46 Supplemental Use Regulations. Staff desires the CUP application to include the following information: a) Site Plan: The site plan shall include setbacks, footprints of all structures, driveways, walkways, landscaping, screening, lighting, utilities, refuse container/s and any other relevant information to the project as requested by the City Planner or his/her designee. b) Overall Safety Plan: The Overall Safety Plan shall show or note the following: 1) Electrical, water, and sewer hookup details 2) Anchoring system detail with the use of a cargo container farm Numbers 3 thru 7 is additional information is not included in the applicant s code amendments but is requested by the staff. 3) Assurance all of cargo container farm modifications meet or exceed minimum building, Life Safety, electrical, and plumbing standards associated with the intended use. 4) Stormwater Detention Calculations 5) Compliance or no exposure with NDEQ Industrial Storm Water Regulations 6) Compliance with the requirements of NFPA 58 Liquefied Petroleum Gas Code. 7) Any other relevant information as requested by the Chief Building Official or his/her designee. c) Incorporation of the Urban Farm and/or Cargo Container Farm into the Existing Neighborhood: Note or show the details of incorporating the Urban Farm or Cargo Container Farm into the surrounding neighborhood.

6 January 20, 2017 Page 6 d) Termination Plan: The Termination Plan for the project shall include a plan to restore the property to its original state and physically remove any Cargo Container Farm and/or other temporary structures associated to urban farming. Comprehensive Plan Preserve historic character of the Central Business District and residential neighborhood areas. (Community Image Action Strategies, CI AS1, page 218 of the Comprehensive Plan). Additional special regulations and standards were added to Chapter 28, Central Business District of City Code in Site development regulations and any other design regulations would be apply to the urban farming use type in each district to preserve the character of the district. Have a vision for that which we cannot predict by creating flexible, forward-looking policies that welcome technological and entrepreneurial innovation and creativity. (Community Goals, 10, page 217 of the Comprehensive Plan). When proposing code amendments for new use types, the Staff believes it s important to create code to allow for innovation while upholding building safety and district standards. Board member Berglund gave the Planning Commission an overview of the discussion of the two task force meetings. After lengthy discussions it came down to two issues; urban farming and cargo containers. He does not believe anybody has any issues with urban farming. The issue with the cargo containers is not the container itself but with fairness and unintended consequences. For example, if a developer built a building according to the CBD development standards, i.e. brick and windows, is it fair to allow another developer to use a cargo container and go into competition with the first developer. An example of unintended consequences is if a developer comes in a year from now and wants to have a food truck in a modified container and locates it in Mona s parking lot. As part of the code amendment the Planning Commission could prohibit retail sales out of cargo containers which would eliminate food trucks and coffee carts. Apple Market, which is also in a CBD zoning district, could decide they want to grow their own vegetables out of a cargo container. Fredrickson stated since this is a new proposal, the Task Force is proposing a Conditional Use Permit for all of the recommended zoning districts so the Planning Commission can review each application to make sure the applicant is meeting all of the code requirements. Also, if there is a change in operation, the business would discontinue or the business would be rented out to somebody else, A CUP gives the Planning Commission a little more control over the business. Vice-Chairman Dart asked if the issues of the proposed code amendment would be before the Planning Commission if the applicant did not already own the property. Is the Planning Commission trying to do an awful lot of work to accommodate a unique use which fits in other zoning districts, particularly M-1 and M-2 if it wasn t based on a matter of convenience for the applicant? The Planning Commission is trying to justify putting the urban farming cargo container in a CBD zoning district even though it does not fit. There seems to be no issue with urban farming, but if the Planning Commission allows urban farming in the land use category that is appropriate for it, they don t have this discussion.

7 January 20, 2017 Page 7 McSweeney stated he worries about the image of the downtown area. He does not believe cargo containers are appropriate for the downtown area. Malone stated his concern is if the business fails and the City ends up with an empty cargo container in the downtown district. City Planner stated a termination plan would have to be in place. The proposed code amendment states: The termination plan for the project shall include a plan to restore the property to its original state and physically remove any Cargo Container Farm and/or other temporary structures associated to urban farming. Moore stated she is seeing an interest from the younger generation with regard to the City s downtown development. She believes adding some flexibility to the downtown area and looking at the progressiveness she sees in the community that is interested in developing downtown is important. She understands Vice-Chairman Dart s view but she would like the Planning Commission to be a little bit more flexible. McGinnis stated he likes the idea of having hydroponic farming in the city; he believes it would gather a lot of interest from the community because of the technology that is involved. He does have some concerns about setting a precedent because there will be other developers that will want to use storage containers for a lot of different reasons. He had a friend that used shipping containers as mini rental storage units and actually stacked them because it was cheaper to use the containers than it was to actually build storage units. He is not sure how to manage setting a precedent other that requiring a Conditional Use Permit. McSweeney stated he is definitely in favor of the hydroponic farming; he is just opposed to cargo containers in zoning districts other than M-1 and M-2. Brent Yaw stated he believes it is more important for the Planning Commission to allow urban farming as a use type in the code than it is to allow urban farming in cargo containers. At the last Planning Commission meeting and at the Task Force meetings, it was the cargo containers that caused concerns. He would like freight farms to be allowed in M-1 and M-2 zoning districts. Mr. Yaw suggested the Planning Commission separate urban farming as a use type from the urban farming in cargo containers. Mr. Yaw stated if the Planning Commission does go forward with urban farming there is nothing in the proposed code amendment to address lighting issues. He believes there needs to be some language in the code to address lighting. Planning Commission and Mr. Yaw continued to discuss urban farming, cargo containers and alternatives to cargo containers. Planning Commission discussed separating urban farming from cargo containers and moving forward with the code amendment regarding urban farming use types. City Planner stated she has a problem with separating the topics because the proposed code amendments define cargo container-farm and hydroponics and/or aeroponics in Chapter 12. Chapter 13 adds urban farming as an agricultural use type and Chapter 14

8 January 20, 2017 Page 8 determines what zoning districts urban farming is allowed. At this time, cargo container farming is not a separate use type. City Planner suggested this item be continued in order to allow the Task Force to separate cargo container farming from hydroponic farming. Vice-Chairman Dart closed the hearing. There was no one present in opposition to this hearing. Moved by Berglund and seconded by Malone that the proposed Code Amendments to Section C of Chapter 12 Definitions ; Section C of Chapter 12 Definitions ; Section H of Chapter 12 Definitions ; Section Agricultural Use Types of Chapter 13 Use Types ; Table 14-1 Use Matrix of Chapter 14 Zoning District Regulations ; Section Supplemental Use Regulations: Agricultural Uses of Chapter 46 Supplemental Use Regulations be referred back to the Task Force and continued to the February 17, 2017 Planning Commission meeting. Roll call resulted as follows: Aye: McSweeney, Dart, Moore, Berglund, McGinnis, McKeon, Malone, Wolf, Fredrickson. Nay: None. Motion carried. GIS PRESENTATION Vice-Chairman Dart stated the GIS Coordinator had a conflict and will not be available to give the Planning Commission a GIS presentation until the March Planning Commission meeting. ELECTION OF OFFICERS CHAIRMAN Moved by McSweeney and seconded by Fredrickson that Stan Dart be nominated as Chairman of the Planning Commission. Roll call resulted as follows: Aye: Moore, Berglund, McGinnis, McKeon, Malone, Wolf, Fredrickson, McSweeney. Nay: None. Dart abstained. Motion carried. VICE-CHAIRMAN Moved by Fredrickson and seconded by Moore that Jack McSweeney be nominated as Vice-chairman of the Planning Commission. Roll call resulted as follows: Aye: Berglund, McGinnis, McKeon, Malone, Wolf, Fredrickson, Dart, Moore. Nay: None. McSweeney abstained. Absent: Ganz, Wolf. Motion carried.

9 January 20, 2017 Page 9 REPORTS/COMMENTS FROM BOARD MEMBERS CITY OF KEARNEY HOUSING STUDY Vice-Chairman Dart updated the Planning Commission on the housing study. NPZA City Planner stated the 2017 Nebraska Annual Planning Conference will be held in Kearney March 8, 2017 through March 10, 2017 at the Younes Conference Center. ADJOURNMENT Moved by Malone and seconded by Wolf that the meeting be adjourned. Roll call resulted as follows: Aye: McKeon, Malone, Wolf, Fredrickson, McSweeney, Dart, Moore, Berglund, McGinnis Nay: None. Motion carried. Nancy Eckhoff Recording Secretary