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Record of Proceedings

Kearney Planning Commission Approves Rezonings, Vacation, and Final Plat on September 18, 2026

Planning Commission — Friday, September 18, 2026
BodyKearney, Nebraska
SessionPlanning Commission
DateFriday, September 18, 2026
StatusFILED
Video Record
0:00 / 23:14

Original source
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0:00

It's a current copy of the Open Meetings Act is available for review and is posted on the wall of the council chambers.

0:08

Peggy roll call, please.

0:10

Malone.

0:10

I Rickard.

0:11

Here.

0:12

Ya.

0:12

Here.

0:13

Cochrane.

0:14

Here.

0:14

Gargan.

0:15

Here.

0:15

Vernew.

0:16

Here.

0:16

Baker.

0:17

Here.

0:17

Dakin.

0:18

Here.

0:18

Scott Pandor asked.

0:20

We have a quorum.

0:22

There are copies of the agenda in the hallway.

0:25

If anybody uh needs a copy of the agenda.

0:29

The minutes of uh the August 21st meeting were distributed by email.

0:35

Anyone have comments about the minutes?

0:38

If not, I'll entertain a motion to approve the minutes.

0:42

Mr.

0:43

Chairman, make a motion to approve the minutes.

0:45

Second.

0:46

It's been moved and seconded that we approve the minutes of the August 21st, 2026.

0:50

Planning Commission meeting.

0:52

Uh roll call, please, Peggy.

0:54

Rickard.

0:55

Cochrane, Gargan.

0:57

I Bernew.

0:58

I baker.

0:59

Abstain.

1:00

Bacon.

1:00

Abstain.

1:01

Malone.

1:02

Aye.

1:03

Scott Pandorf, absent.

1:04

Motion passes.

1:06

First item on the agenda is agenda item number four.

1:10

Um this item relates to the rezoning from District R1, urban residential single family district, low density to R2 urban residential mixed density district located at 1416 East 30th Drive.

1:28

And uh Mr.

1:29

Humphrey is here to represent the owner.

1:31

I am for the record.

1:33

My name is Mitch Humphrey.

1:34

I'm with Buffalo Survey and Corporation located here in Kearney, and I'm here to present this project on behalf of Cadiver LLC regarding this project.

1:46

Let's see, can I here you go?

1:49

Um sorry, Peggy, I saw you over there, and it seems like I'm at a council meeting, so I better straighten up.

1:56

But nonetheless, uh this site is is kind of an interesting site.

2:01

Um it's built in the subdivision there that uh Mr.

2:06

Malone referenced as being located at 1416 East 30th Street, which is lots 19 and 20, block one of the Sunny Acres subdivision.

2:17

Sunny Acre subdivision was developed way back when in the early 70s, late 60s, located right north of the old drive-in site, which happens to be uh the storage facility that Mark Benjamin built a number of years ago.

2:33

The house or this residential structure that we're talking about was constructed according to the best records that we could find between the city and I in 1975 as what it is now.

2:47

Um I don't have the information as far as who built it or who owned it back then in my records, but I know that we've done some work around the area, and it's been this in this or this use for a long number of years, and then the what would be now the previous owner discontinued the use, so it kind of set empty.

3:10

So it wasn't a or can't be construed to be what would call we call a legally non-conforming use, so it's non-conforming, located within an area that is well there there's multiple zoning classifications there.

3:30

We have the storage unit complex clear to the south half a block to the south, the uh trailer park, East Lawn, Mobile Home States to the east, and then there's uh duplex to the north.

3:44

Um what we'd like to do we know that we can't have the use being a sixplex as it's presently configured to be according to the current city regulations, but it would allow up to a fourplex.

4:00

So the owners, Cadiver LC, would like to rezone the property and then uh uh consider their options as far as how they reconfigure it to a four-plex.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████65%
Public Works██████████████20%
Procedural██████████15%
Summary of Proceedings

Kearney Planning Commission Meeting - September 18, 2026

The Kearney Planning Commission met at 9:00 a.m. in Council Chambers, 18 East 22nd Street, Kearney, Nebraska. Chairperson Dave Malone presided; a quorum was present. Member Melissa Scott-Pandorf was absent. The commission approved the August 21, 2026 minutes and all land-use items requiring hearings; no public testimony was offered.

Opening and Minutes

  • The Open Meetings Act notice was announced, and roll call established a quorum.
  • The commission approved the August 21, 2026 minutes; Baker and Dakin abstained, and Scott-Pandorf was absent.

Public Comments & Testimony

  • No members of the public spoke at any of the public hearings.
  • For Rezoning No. 2026-18, staff reported receiving two phone calls: an adjacent property owner asked why the property was being rezoned and noted it had been a nuisance property in the past but that they had no current issues; another caller misunderstood the map and thought their own property was being rezoned.

Discussion Item: Rezoning No. 2026-18 - 1416 East 30th Drive

  • Applicant Mitchell W. Humphrey of Buffalo Surveying Corp., on behalf of owner KDIVER, LCC, requested a rezoning from R-1 (Urban Residential Single-Family, Low Density) to R-2 (Urban Residential Mixed-Density).
  • The property is Lots 19 and 20, Block 1, Sunny Acres Subdivision, plus abutting right-of-way. It contains a sixplex that has been vacant since 2017 and is nonconforming in R-1; it cannot be considered legally nonconforming because of the vacancy. Rezoning to R-2 would allow conversion to a maximum fourplex and would require landscaping and buffer-yard compliance.
  • Staff noted the rezoning aligns with the Future Land Use map and meets lot width/size requirements, but staff's formal recommendation was no recommendation, with notations that adjacent owners might oppose the change because the property had been zoned R-1 for 53 years and nearby housing to the southwest and north/west is single-family.
  • The commission approved Rezoning No. 2026-18 based on staff findings; all present members voted aye, with Scott-Pandorf absent.

Withdrawn Application: Rezoning No. 2026-19 - 4310 Cottonmill Avenue

  • This application by Coy T. Clark, for owners Garett D. Pohlman and Monique J. Pohlman, was withdrawn by the applicant; no action was taken.

Discussion Items: Subdivision Vacation No. 2023-04, Rezoning No. 2026-20, and Final Plat No. 2026-11 - Spruce Hollow West Fourth

  • Applicant Craig Bennett of Miller & Associates, on behalf of Matthew and Caroline Weber and DT Development, Inc., presented three related requests for property approximately 250 feet north of Country Club Lane and 60th Street.
  • The package would vacate Lot 1, Block 1, Spruce Hollow West Second; rezone approximately 2.3 acres from AG (Agricultural) to RR-2 (Rural Residential, Intermediate Standards); and approve the Final Plat of Spruce Hollow West Fourth.
  • The proposed final plat would create a one-lot subdivision of 6.363 acres with additional right-of-way dedication; the applicant described the overall tract as 6.82 acres.
  • No public water or sanitary sewer would be extended; lots would use private wells and on-site sanitary sewer. The development would extend a 24-foot-wide paved road.
  • Staff found the requests consistent with the existing Future Land Use designation (RE), compatible with surrounding land uses, and consistent with the 2016 Comprehensive Plan, and recommended approval of all three items.
  • The commission voted separately on each item, approving Subdivision Vacation No. 2023-04, Rezoning No. 2026-20, and Final Plat No. 2026-11; all present members voted aye, with Scott-Pandorf absent.

Reports

  • Staff reported that the city council recently passed new data-center code regulations and approved a related conditional use permit; staff said the regulations position Kearney well for that industry.
  • The Nebraska Planning and Zoning Association fall conference, a one-day webinar, is scheduled next month; staff will send registration information.
  • Upcoming staff work includes airport-area rezoning and other residential and commercial code updates expected in late 2026 and early 2027.
  • Staff noted development review has slowed somewhat, cited the recent interest-rate increase as a risk for development, and said many residential developments are expected to come online in fall and spring.

Key Outcomes

  • Approved minutes of the August 21, 2026 meeting.
  • Approved Rezoning No. 2026-18 for 1416 East 30th Drive (R-1 to R-2).
  • Noted Rezoning No. 2026-19 was withdrawn.
  • Approved Subdivision Vacation No. 2023-04.
  • Approved Rezoning No. 2026-20 (AG to RR-2).
  • Approved Final Plat No. 2026-11 for Spruce Hollow West Fourth.
  • The meeting adjourned after reports.

Meeting Transcript

It's a current copy of the Open Meetings Act is available for review and is posted on the wall of the council chambers. Peggy roll call, please. Malone. I Rickard. Here. Ya. Here. Cochrane. Here. Gargan. Here. Vernew. Here. Baker. Here. Dakin. Here. Scott Pandor asked. We have a quorum. There are copies of the agenda in the hallway. If anybody uh needs a copy of the agenda. The minutes of uh the August 21st meeting were distributed by email. Anyone have comments about the minutes? If not, I'll entertain a motion to approve the minutes. Mr. Chairman, make a motion to approve the minutes. Second. It's been moved and seconded that we approve the minutes of the August 21st, 2026. Planning Commission meeting. Uh roll call, please, Peggy. Rickard. Cochrane, Gargan. I Bernew. I baker. Abstain. Bacon. Abstain. Malone. Aye. Scott Pandorf, absent. Motion passes. First item on the agenda is agenda item number four. Um this item relates to the rezoning from District R1, urban residential single family district, low density to R2 urban residential mixed density district located at 1416 East 30th Drive. And uh Mr. Humphrey is here to represent the owner. I am for the record. My name is Mitch Humphrey. I'm with Buffalo Survey and Corporation located here in Kearney, and I'm here to present this project on behalf of Cadiver LLC regarding this project. Let's see, can I here you go? Um sorry, Peggy, I saw you over there, and it seems like I'm at a council meeting, so I better straighten up.

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