Kearney Planning Commission Meeting - November 19, 2021

The Kearney Planning Commission met on November 19, 2021, at 9:00 a.m. in City Council Chambers. The meeting covered a wide range of land use applications, including several rezoning requests, subdivision vacations, preliminary and final plats, a conditional use permit for resource extraction, and an annexation. The meeting concluded after noon with unanimous approval of most items, though the Kdiver resource extraction permit passed on a 6-3 vote with dissent on safety grounds.

Consent Calendar

• Minutes of October 15, 2021: Approved unanimously.

Postponements and Withdrawals

• Item 4 (Fountain Hills Fifth Addition Rezoning): Withdrawn by the applicant.
• Items 5, 6, 7 (Buffalo Island Subdivision – Rezoning, Preliminary & Final Plat): Postponed to the December Planning Commission meeting by unanimous vote.

Public Comments & Testimony

• Kdiver Resource Extraction (Items 22-24):
  • Carol Swanson (225 East First Street South) expressed safety concerns about the narrow, blind overpass at Avenue M and East First Street, noting that heavy truck traffic would create hazards for residents and cyclists. She questioned long-term road maintenance responsibilities.
  • Linda Henderson (1205 East First Street South) echoed safety concerns, citing icy conditions, blind curves, and a history of near-accidents. She requested a berm in front of her property and emphasized the need for strict driver safety.
  • Anthony Crosby (8915 Antelope Avenue), a truck driver, testified that the overpass is too narrow for two trucks to pass and that semi-trucks would cause significant road damage, especially in winter.
• Nienaber Subdivision (Items 25-28):
  • Anthony Crosby (8915 Antelope Avenue) opposed the rezoning and subdivision, arguing that the area remains rural farmland and that platted lots from the 1970s do not reflect current conditions. He expressed a desire to keep the land undeveloped for his family’s use and noted floodplain concerns.

Discussion Items

• Item 8 – Rezoning No. 2021-21 (Perkins and Harford’s Second Subdivision): Applicant Matt Priester requested rezoning from R-1 (single-family low density) to C-2 (community commercial) for a parcel west of 3802 2nd Avenue. Staff found the rezoning compatible with the comprehensive plan and surrounding zoning. The hearing was closed and the rezoning approved unanimously.

• Items 9-16 – Northeast Public Service Addition:

  • Craig Bennett (Miller & Associates) presented on behalf of the City of Kearney and M.J. and Janis Shultz. The project involved vacating Lot 2 of Younes Addition, Lots 1-12 of SunRise Estates, and portions of 48th and 47th Streets. The property (13.61 acres, southeast corner of Avenue N and 48th Street) would be rezoned from AG to R-1, platted as a two-lot subdivision (water tower site and future fire station), and annexed. Staff recommended approval, noting compatibility with the comprehensive plan. The Commission approved all four vacations, the rezoning, preliminary plat, final plat, and annexation unanimously.

• Items 17-21 – Fountain Hills Fourteenth Addition:

  • Craig Bennett presented for Eagle Gate Partners. The proposal included vacating lots and a street in Fountain Hills Thirteenth Addition, then replatting a two-lot subdivision for a 234-unit apartment and townhome development. The revised Planned District Development Plan reduced density from previous iterations (1 unit per 2,500 sq ft to 1 per 3,500 sq ft) and increased green space. The applicant indicated possible gated access. Staff recommended approval. The Commission approved the subdivision vacation, street vacation, preliminary plat, final plat, and revised PD plan unanimously.

• Items 22-24 – Kdiver, L.L.C. (Future Land Use Map Amendment, Rezoning, and Conditional Use Permit for Resource Extraction):

  • Mitch Humphrey (Buffalo Surveying Corp.) presented a multi-phase plan to extract sand and gravel from approximately 85.5 acres east of Ontario Road and south of Avenue M. The project would create four lakes (ranging from 3.93 to 8.12 acres) in a west-to-east sequence over four years. The future land use map would be amended from Rural Estates to Low Density Residential; the property would be rezoned from R-1 to AG to allow resource extraction; and a conditional use permit (CUP) was requested. The permit included 14 conditions addressing hours (M-F 7am-5pm), truck routes (via Avenue M overpass, not through Lake Villa Estates), berms, dust control, and road upgrades. Neighbors raised significant safety concerns about the narrow overpass and truck traffic. Attorney Dan Lindstrom proposed amendments to conditions regarding landscaping, road responsibility, and clarifications. After a recess, staff supported some amendments (maintenance of buffers, clarified truck route language, and corrected a typo in condition 11A) but not language allowing neighbor agreements to modify conditions. Staff also agreed to add explosives notification language before City Council consideration. The Commission voted 6-3 to approve the CUP with the supported amendments, and also approved the land use amendment and rezoning unanimously.

• Items 25-28 – Nienaber Subdivision:

  • Mitch Humphrey presented for the Nienaber family to vacate part of Lots 1 and 2 of Wood River Subdivision, rezone 6.1 acres from RR-1 (rural residential) to RR-2 (rural intermediate), and plat three lots (each about 1.85 acres) with access from Antelope Avenue and an existing easement. Staff found the plan compatible with surrounding land uses. Public comment from Anthony Crosby (owner of adjacent 32 acres) objected, citing rural character and floodplain concerns. The Commission approved the subdivision vacation, rezoning, preliminary plat, and final plat. Commissioner Malone voted “no” on all three rezoning and plat actions; all other members voted “aye.”

Key Outcomes

• Unanimous approvals: Minutes, items 8 (Perkins rezoning), 9-16 (Northeast Public Service Addition – all vacations, rezoning, preliminary/final plat, annexation), 17-21 (Fountain Hills – vacations, preliminary/final plat, revised PD plan), 22 (Future Land Use Map Amendment), 23 (Rezoning to AG), and items 25, 27, 28 (Nienaber vacation, preliminary plat, final plat).
• Approved 6-3: Item 24 (Conditional Use Permit for Kdiver resource extraction) with amendments to conditions as recommended by staff. Three members (Usner, Cochran, McGuinness) voted “nay,” citing safety concerns over the truck route.
• Approved with conditions: The CUP includes 14 conditions; staff will add explosives notification language before City Council review.
• Next steps: Approved items requiring City Council action will be forwarded for public hearing and final decision.