Kearney Planning Commission Meeting – August 21, 2026

The Kearney Planning Commission met on August 21, 2026, at 9:00 a.m. in City Council Chambers. After a brief recess (9:00–9:20 a.m.), the Commission considered routine approvals, a major subdivision and rezoning package, comprehensive code amendments to regulate data centers, and a conditional use permit for a new data center facility. All items were approved, with the code amendments and conditional use permit drawing significant public comment and detailed presentations.

Consent Calendar

• Minutes of July 17, 2026: Approved on a 5-0-2 vote (Commissioners Cochrane and Gargan abstained).

Public Comments & Testimony

• During Code Amendments (Items 10–13): Cindy Powell expressed concerns about water use and noise, asking whether groundwater or surface water would be used and noting that regulations are reactive. Dan Javens questioned the timeline for drilling new wells, demanded action on existing noise from the cryptocurrency facility, and raised concerns about lights, air pollution, and impacts on children’s hearing. He submitted written materials.
• During Conditional Use Permit (Item 14): Dan Javens asked about decommissioning of the existing crypto facility and ownership of vacated land. Jacob Von Larchick praised the project’s payment for infrastructure, tax benefits, and the reduction in noise from the existing facility.

Discussion Items

• Presentation of Capital Expenditures (2026–2027): Finance Director Brian Schultz presented $24 million/day water capacity (peak 13.7 million), earmarked funds for paving, sewer, water districts, street maintenance, a wastewater treatment paving project, and a lead service line project. The report was approved unanimously.
• Items 5–9 – Tech One Fifth Subdivision (Rezoning, Vacations, Preliminary and Final Plat): Craig Bennett (Miller & Associates) presented a 96.04‑acre rezoning from BP/PD to BP, vacation of Lot 1 Block 2 and a portion of Tech One Boulevard, and the plat for a 55.87‑acre lot. The site is an alfalfa field with a fiber‑optic carrier hotel. Infrastructure includes a 16‑inch water main and 27‑inch sanitary sewer. The subdivision is consistent with the Comprehensive Plan. Staff recommended approval. All five items (rezoning, subdivision vacation, street vacation, preliminary plat, final plat) passed unanimously.
• Items 10–13 – Data Center Code Amendments: City Manager Brenda Jensen detailed a 10‑page regulatory package developed with an advisory committee, an acoustical engineer, and industry experts. Key provisions: a new definition for data centers, conditional use permit requirement only in BP, M‑1, and M‑2 districts, supplemental regulations (1,000‑ft setback from residential, 55 dBA LDN noise limit at property line, closed‑loop cooling, water/wastewater study, post‑construction sound verification, annual reporting, decommissioning plan), and off‑street parking standards. The city’s water capacity (24 MGD permitted, peak 13.7 MGD) and state‑law protections on electricity costs (LB 1010, large‑load rates) were highlighted. NPPD representative Grant Flambook confirmed that data centers pay for infrastructure and new large‑load rates prevent cost shifting to residential customers. All four code amendments (2026‑02 through 2026‑05) were approved on separate unanimous votes.
• Item 14 – Conditional Use Permit (Project Horizon): The application covered the newly platted lot and the adjacent cryptocurrency facility site. The presentation by Craig Bennett, Ryan Fold (STV), and Ryan Luthman (DLR Group) described a two‑phase data center using closed‑loop, air‑cooled chillers (Carrier brand), consuming about 1,200 gallons of water per day (equivalent to 5.3 homes). The building is a pre‑engineered metal structure with 50‑ft acoustic screen walls, designed to meet the 55 dBA LDN noise limit. Phase 1 will reuse the 100 MW power allocated to the existing crypto facility, which will be decommissioned when Phase 1 becomes operational. A community benefit package includes forgoing a $2 million annual rebate, supporting Central Community College workforce training, K‑12 STEM education, and Hot Meals nonprofit. Staff recommended approval with five conditions. After public testimony, the Commission voted unanimously to approve.

Key Outcomes

• Capital Expenditures Report approved unanimously.
• Tech One Fifth Subdivision package (rezoning, two vacations, preliminary and final plat) approved unanimously.
• Four code amendments (2026‑02, 2026‑03, 2026‑04, 2026‑05) approved unanimously, creating a data center use type, permitting them by conditional use permit in BP/M‑1/M‑2 districts, adding supplemental regulations, and setting parking minimums.
• Conditional Use Permit No. 2026‑04 approved unanimously with five conditions: (1) notify Development Services within 30 days of any ownership change; (2) provide inventory of hazardous materials before certificate of occupancy and annually thereafter; (3) indemnify the city; (4) comply with all applicable laws; (5) permit void if no development or occupancy within two years. The permit is indefinite subject to compliance.
• The meeting adjourned before noon.