Kearney Planning Commission Meeting - November 15, 2019: Conditional Use Permit for Sand and Gravel Operation Approved
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Kearney Planning Commission Meeting - November 15, 2019
The Kearney Planning Commission convened at 9:00 a.m. on November 15, 2019, in City Council Chambers. The primary agenda item was a public hearing and consideration of Conditional Use Permit (CUP) No. 2019-04, submitted by Brad Vontz of Vontz Paving, Inc., on behalf of Notz Farms, LLC, to operate a sand and gravel extraction pit on approximately 74.8 acres zoned AG (Agricultural District) located south of 11th Street and east of Imperial Avenue. The Commission also approved the minutes of the October 18, 2019 meeting and heard board member reports before adjourning.
Consent Calendar
- The minutes of the October 18, 2019 regular meeting were approved by a voice vote after a motion and second; one board member abstained.
Public Comments & Testimony
- Brad Vontz (Applicant) — Vontz Paving, Inc., Hastings, Nebraska, presented the proposal. He explained that the company has worked in Buffalo County for over 12 years and purchased the property to secure a reliable local source of construction aggregates. The pit would be developed in phases, starting in the southwest corner with berm construction to screen operations and control drainage. He anticipated a 10- to 15-year life, producing up to 60,000 tons per year for projects such as the Mendon-Franklin road contract. Truck traffic would use Imperial Avenue north to 11th Street and then east to Highway 10. He committed to maintaining the road and responding to complaints. He also indicated he may later apply for a batch plant permit.
Discussion Items
- The Commission reviewed the 18 conditions proposed by city staff. Applicant expressed desire for longer operating hours in summer; staff originally recommended 7 a.m. to 6 p.m. After discussion, the Commission agreed to amend the hours to 7 a.m. to 7 p.m., Monday through Saturday, to accommodate warm-up and production needs.
- Staff planner Colette summarized the city’s findings: resource extraction is a permitted conditional use in the AG district; the conditions (including berms, internal circulation, and dust control) mitigate negative effects; the site is compatible with future residential use.
- Discussion also covered road maintenance on Imperial Avenue, safety berms around the pit, and compliance with state and federal mining regulations.
Key Outcomes
- Conditional Use Permit No. 2019-04 was approved subject to 17 conditions (staff’s 16 conditions plus the amended hours of operation). The motion to approve, which included the modified hours (7 a.m. to 7 p.m., Monday through Saturday), was seconded and carried with all members present voting in favor.
- The permit allows excavation and stockpiling on the property, with ongoing conditions related to dust control, road maintenance, berms, and environmental compliance. Future changes (e.g., adding a batch plant) would require a separate application.
Meeting Transcript
Revise statutes current copy of the opening meeting act is available for review and is posted on the wall of the council chambers roll call please. McDermott here McGinnis here. Here we have a quorum. You all have copies of the minutes of October 18th. A motion in regards to these would be in order. Mr. Chairman, I would like to make a motion to approve the middle says so written. I'll second. It's been moved and seconded. Is there any discussion? Nancy. Dart? Uh I. Malone. Rick Dermot. Aye. Bacon. Abstain. McGinnis. Aye. The motion carries. We have one item on our agenda this morning. And we'd appreciate it when you come to the uh podium. Please give us your name and address for our records and uh explain to us what you are interested in doing. Uh this is a conditional use permit uh request 2019 04 for a sand and gravel operation. The application submitted by Brad Vonce uh Van Vaughn's paving uh and notes farm LLC for a conditional use permit to operate a sand and gravel extraction pit or property zone district AG agricultural district and described as part of the government lots three and four also described as part of the northwest quarter of section 11 Township 8 North Range to 15 West Buffalo County Nebraska. This property is located south of 11th Street and east of Imperial Avenue. Sir, it's yours. I'm uh with Vonce Paving out of Hastings, Nebraska, address 2355 West Highway 6. Um the uh property mentioned here for the gravel pit basically, and uh going into the future. I plan I would I'm gonna apply for a plant permit or batch plant, whatever you call it. Um difference to me is a batch plant deals with concrete where you have a lot of fly ash in the or cement. Uh ours doesn't have that. We're more of an oil product, as you well know, as far as asphalt. That's what our major business is. We do roads in this area, we've done roads in this county, Carney, up north, uh mostly over most of the state for the last 12 years on a larger extent. Um I was fortunate I started here on one of my larger projects on on uh Buffalo County, and I was uh the Ravana Road was one of the first ones with me major sequence to meet probably 12, 14 years ago. The the issue we've always run into in this area, and the reason I'm applying for a gravel pit. We purchased we purchased the land, it's under Waters View, Inc. Um my son, my two sons, my wife and I are part of that partnership. It's a limited liability corporation. We are taxed here in other places. We're at Buffalo County and uh at the Shelton Corner, and we're over at Odessa. We've used those for asphalt plants before. We pumped over where Jeff across from the high school Jeff Overturf. Over turf. And uh we're not new to this area, but the reason we've tried the reason we went to this selection over in this area is we felt it'd be the least amount of disturbance to get to a bypass around the city north and south. That's kind of what I was thinking. Uh and we do have a job for next year that goes from Mendon to Franklin. When we put up a plant on something like that, say if we were doing work in this area, we would probably try if you know to get the plant permit.
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