Mark Oettinger brought a revised application to the Planning Commission Tuesday for rezoning to allow a boat sales and service center to be built on S. Buffalo Bill Ave., after his first application was tabled by the city council.

Oettinger initially requested that his 9.96 acres of land be rezoned from Transitional Agriculture to Highway Commercial, and the planning commission recommended the change, but several neighbors objected at a city council hearing on June 4.

The council, unable to reach a consensus, tabled the proposal.

In response, Oettinger narrowed the request to 2.59 acres that he needs for the boating center. He also plans a 54-foot buffer between the business and adjoining residential properties. He also asked the city to annex all 9.96 acres.

The property is a block or two north of State Farm Road, across the street from Pals Brewery, which is managed by Mark’s brother, Paul.

Residents of the area expressed concern about the noise it would bring to the neighborhood, and concern that it would likely lead to more businesses on the property. They pointed out that the property is not within city limits, so the city would not collect sales taxes on the business, and they don’t want a business park in their back yards.

For the property to be rezoned, the city’s comprehensive zoning and development plan must also be amended, because the “comp plan” does not permit commercial businesses on that property.

At the planning commission hearing Tuesday, resident Ian Pearson spoke against the comprehensive plan amendment and the rezoning, due to the increased noise level.

Pearson said he works the third shift and sleeps during the day, and his wife suffers from chronic migraines. He pointed out that outboard engines make a considerable amount of noise when they are tested out of the water.

Resident Beverly Gottula said she moved to the edge of town for the tranquility. She said she has “trust issues” since Pals said noise would not be an issue after 10 p.m., but sometimes live music lasts until 1 a.m.

Resident Ken Kaskie said it is an established principle of zoning that an existing zone should not change simply because a property owner wants to put their land to another use.

He said the area is more suited for residential zoning and that speed limits on Buffalo Bill would benefit a residential district more than a business district because state law regulates speed in a business district at 20 mph and 25 mph in residential districts unless otherwise posted.

Residents Richard Pedersen and Emil Bunger also said the area was better suited for residential development than for businesses.

Gary Person of the North Platte Chamber and Development Corporation differed. Person said the city’s comprehensive plan is 13 years old and was created before much of the development occurred along Buffalo Bill Ave.

Person is sure that a new comprehensive plan, which is currently in the drafting stage, will suggest commercial zoning along Buffalo Bill. He also noted that in the 13 years since the comp plan was implemented, no one has tried to put any housing on the land.

Oettinger told the planners that the 54-foot buffer zone would have also have tree line to help buffer the noise. He said the shop would have a state-of-the-art air conditioning system, allowing the doors to remain closed when the boats engines are tested and would be well insulated. He said the center would be open from 9-5 daily and predicted that the noise level would not be more than the current noise from traffic on Buffalo Bill.

He also said most testing of boat motors would occur on the lake, not in the shop.

Oettinger also said that the closest house to the shop would be 430 feet away. He mistakenly said that equated to the length of more than four football fields, but he was corrected by Commissioner Glenn Van Velson. The distance equates to about 1.4 football fields.

Commissioner Angie Forbes asked Oettinger why he couldn’t build on the plot of land just north of Pals Brewing, which is already zoned commercial. Oettinger said he is one of six owners of that property, while his wife and son own the 9.96 acres.

Commissioner Kathleen Matthews said she wanted to be open to changing the commission’s previous recommendation in light of the public comments. Matthews asked if the rest of the property could be used for storing boats or equipment if the 2.59 acres were rezoned. Planning Administrator Judy Clark said no, the other seven acres or so could only be used for agricultural purposes.

Commissioner Lee Davies asked if there were any commercial designations in the aging comprehensive plan. Clark said that it was all designated residential at the time of the plan. She pointed out that in an ideal scenario, planners prioritize higher-intensity development near high-traffic roads. Therefore, even if the area were to remain residential, it would be unlikely that single-family homes would be built along Buffalo Bill.

Commissioner David Fudge asked Clark if it is safe to assume most of the Buffalo Bill corridor would be commercial in the new comprehensive plan; Clark said she could almost guarantee that is how it would turn out. She said Buffalo Bill has several commercial-zoned areas: Pals Brewery, the lot north of Pals, a new gas station that is being built on the corner of Walker, and the Indian Meadows golf course.

The commissioners also noted that Buffalo Bill Ave has been extended over the years, crossing the South Platte River and I-80, to became a main thoroughfare connecting North Platte to Lake Maloney. The extended road opened in 2011.

The commission eventually decided to recommend the amendment to the Comprehensive Plan, allowing commercial development in that area. And, the commissioners recommended the rezoning of not only 2.59 acres but the entire 9.96 acres to the council, so as to avoid treating the area in a piecemeal fashion.

The vote was 6-1, with Commissioner Jeff Bain voting no, and Fudge abstaining due to an unspecified conflict of interest. The commission unanimously recommended the annexation of the 9.96 acres.

The two recommendations will move on to the city council on July 16.  

On the other end of town

Nick and Faylene Hudson of Deep Waters Retreat, LLC received the commission’s unanimous recommendation to amend the comp plan and rezone 49.10 acres at the other end of Buffalo Bill Ave. from Transitional Agricultural to Highway Commercial.

This area is south of the Lincoln County Historical Museum and north of property that is being developed by the Cowboy Church. It is currently a cornfield. The Hudsons hope to use it for tourism, including camping, cabins, a garden, and a museum, with the possibility of housing on the east side of the property.

In a letter to the commission, the Hudsons expressed their desire for a serene, tucked-away location and experience to provide clientele.

The request was granted unanimously with little discussion. Commissioner Van Velson said it would be a better use of the land than a cornfield.

W. State Farm Rd.

The commission has approved the rezoning and subdivision of 1825 W. State Farm Road. The property was originally zoned Transitional Agricultural. The owner requested rezoning because he wants to sell a portion of the land, which would no longer meet the 10-acre minimum for residence in an agricultural zone.

The subdivision split the land into three lots, two for future sale. Neighbor Dean Packard wanted to know if the rezoning and subdivision would impact his right-of-way, and Clark assured him it would not.

Titan Machinery

Titan Machinery’s bid to rezone adjoining properties at 1265 and 1301 N. Dodge Ave. properties from a Dwelling District to Light Industrial was also recommended. The company plans to purchase these properties from Kim Sellers for expansion, including the addition of more shops, retail space, and parking.

Mulligan

The Planning Commission unanimously gave a green light to Mulligan Meadows’ second subdivision. This subdivision will create six lots and extend W. 16th St. for the residential development that is north of the North Platte Cemetery. A half-dozen homes are being built there now along Adams Ave. and two more are planned. The new subdivision will allow room for more. Fifty residential lots are planned on the property.

The Planning Commission did not hold a public hearing on the Midwest Land Development, LLC Redevelopment Plan for land south of the city’s industrial park. Fudge said some details still need to be finalized before the amendment can be brought forward.

The changes for Mulligan Meadows, Titan Machinery, the Hudsons and on W. State Farm Rd. will go before the city council at their next meeting on July 2.

The commission also approved the minutes of the meeting on May 28.

(Bulletin Editor George Lauby contributed to this report.)

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