Buckshot Farms requested for a rezone, preliminary plat and final plat for the Buckshot Addition, a property located at 119 Central Ave., (Brian Neben, Central Nebraska Today)
KEARNEY — Future commercial development is planned at the Buckshot Addition on the south side of Kearney, but the adjacent property owners allege a boundary dispute the Kearney Planning Commission learned during their meeting on Friday, Nov. 21.
Craig Bennett with Miller & Associates appeared on behalf of Buckshot Farms with a request for a rezone, preliminary plat and final plat for a property located at 119 Central Ave. The requests are to allow for future commercial development.
Bennett said essentially, they seek to take two tracks of land and combine them to create a one lot subdivision.
Bennett said they are requesting a rezone of 4.83 acres from C-2 Community Commercial District to C-3 General Commercial.
“The preliminary and final plats for Buckshot Addition contain one 4.83-acre lot. The lot width and area meet the minimum requirements for the C-3 zoning district. The lot can be accessed along Central Avenue and E. 1st St. Although E. 1st St. has already been constructed, the right-of-way has not been dedicated; however, with the filing of this plat, that will occur upon approval of the final plat,” per the City of Kearney.
Melissa Dougherty-O’Hara, City Planner, noted that the city staff recommended approval of the rezone, preliminary and final plat as presented.
However, Dougherty-O’Hara noted the correspondence had been received regarding the actions for the Buckshot Addition.
Henry Schenker, attorney-at-law with Duncan, Walker & Schenker contacted the city on behalf of Marlo and Jennifer Johnson, who are the adjacent property owners to the Buckshot Addition.
Schenker noted that his clients were objected to any of the action associated with the addition due to an alleged boundary dispute.
“Buckshot Farms continues to include within its application a 67-foot-wide segment along the east side of the tract – land that my clients own by record title dating back to 1973,” Schenker wrote.
“The Planning Commission does not have authority to adjudicate these issues. These questions are reserved for the Buffalo County District Court,” Schenker stated.
Michael Tye, City Attorney for Kearney, appeared and advised on the planning commission on their next steps.
Tye noted that any boundary dispute would be handled by the courts and not by the planning commission. He said the commissioners are an advisory body to the city council and have to evaluate the project based on the facts put before them.
He said if there was a court ruling in the matter, they could always vacate a plat so it could be re-worked with a new boundary line.
The planning commission ultimately voted unanimously to approve the rezone, preliminary and final plat as they were presented.
