Kearney Planning Commission Meeting: December 15, 2023

The Kearney Planning Commission met on December 15, 2023, at 9:00 a.m. in the City Council Chambers. The commission considered four main agenda items: an amendment to a conditional use permit for a sand and gravel operation to allow nighttime hours, a rezoning and two plats for a commercial subdivision, and a code amendment creating a new residential zoning district (R-1D). All items were approved, with some discussion regarding neighbor concerns about air quality from the batch plant and the flexibility of the new zoning district.

Consent Calendar

• Approval of Minutes (Item 3): The minutes from the November 17, 2023 meeting were approved as written by unanimous voice vote.

Public Comments & Testimony

• Item 4 – Conditional Use Permit Amendment (Sand and Gravel Operation):
  • Barbara Maxwell (address given as 4835 Sweet Water? stated she lives south of the plant): Expressed concern about noise and air quality, specifically toxic fumes from the batch plant affecting her son's respiratory issues. She noted that fumes had forced her family to leave their home on multiple occasions and worried about nighttime operations when they could not leave. She asked for official conditions to require the plant to only operate when winds are from the south.
  • Randy (neighbor, not fully identified): Similar concerns about fumes, but stated he had no objection to the operation itself. He noted that the fumes had been bad enough to fill his house and cause difficulty breathing. He requested that the agreement to monitor wind conditions be made official.

Discussion Items

• Item 4 – Conditional Use Permit No. 2018-02 (Werner Construction):
  • Applicant Terry Willems of Werner Construction requested to amend the existing permit to allow nighttime operations (7 p.m. to 7 a.m.) Sunday night through Thursday night to supply asphalt for Nebraska DOT I-80 projects. The only changes to the permit were: (1) adding a 20-foot landscape buffer yard along the south property line, (2) amending trail closure procedures, and (3) amending hours of operation to include nighttime. Daytime hours remained unchanged. No Friday or Saturday night operations were proposed. Staff (Melissa Dario Harris) recommended approval, noting no compliance issues and that the permit had been renewed three times since 2018. Neighbors voiced concerns about fumes; Willems offered to monitor wind conditions and shut down when winds blow from the north to south to avoid affecting neighbors. The commission discussed whether to add a formal condition but ultimately relied on the applicant’s commitment to communicate with neighbors.
• Items 5, 6, 7 – Rezoning No. 2023-19, Preliminary Plat No. 2023-13, and Final Plat No. 2023-13 (Tucker Subdivision):
  • Applicant Josh Gilbertson of Oak Creek Engineering, representing owner Kenneth Richter, requested to rezone 33 feet of land from AG (Agricultural) to C-3 (Urban General Commercial) to extend an existing 100-foot-wide commercial corridor. The rezoning was needed to meet setback and parking requirements for future commercial development (initially planned for storage). The preliminary and final plats for Tucker Subdivision were also presented. Staff recommended approval, finding the proposals consistent with the comprehensive plan and zoning requirements. No public testimony was offered against the items.
• Item 8 – Code Amendment No. 2023-01 (New R-1D Residential District):
  • Staff Planner Melissa Dario Harris presented a code amendment to create a new R-1D (Residential District) as a transition zone between R-1 (single-family) and R-2 (duplexes and townhomes). The R-1D district would allow single-family detached, single-family attached, and duplexes (but not townhomes). It reduces minimum lot width for single-family detached to 50 feet (previously only available via planned development). Staff noted the amendment responds to the affordable housing action plan and developer feedback for more flexibility. Commissioners discussed how the new district could reduce conflicts in rezonings (e.g., avoiding R-2 next to R-1) and how to manage developer promises vs. allowed uses. No public testimony was given. Staff recommended approval.

Key Outcomes

• Item 4 – Conditional Use Permit Amendment: Motion to approve based on staff’s findings of fact and with the conditions outlined in the document (including the three amended conditions) passed by roll call vote: all members voted aye (Baker, Cochrane, Rickard, Yaw, McGinnis, Dakan, Malone).
• Item 5 – Rezoning No. 2023-19: Motion to approve based on staff’s findings of fact passed unanimously (voice vote, roll call: Baker aye, Cochrane aye, Rickard aye, Yaw aye, McGinnis aye, Dakan aye, Malone aye).
• Item 6 – Preliminary Plat No. 2023-13: Motion to approve based on staff’s findings of fact passed unanimously (same roll call results).
• Item 7 – Final Plat No. 2023-13: Motion to approve based on staff’s findings of fact passed unanimously (same roll call results).
• Item 8 – Code Amendment No. 2023-01: Motion to approve based on staff’s findings of fact passed unanimously (roll call: Malone aye, Baker aye, Cochrane aye, Rickard aye, Yaw aye, McGinnis aye, Dakan aye).
• Other: Commissioner noted an article about Omaha considering accessory dwelling units (ADUs) and requested a future agenda item (within 3–4 months) to discuss ADUs in Kearney. The meeting adjourned after brief discussion about alleys and city maintenance costs.