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Kearney council approves rezoning east of Cherry Avenue to agricultural zoning
Summary
The Kearney City Council adopted Ordinance No. 8751 to rezone property east of Cherry Avenue and south of East 11th Street to District AG (agricultural). Applicant Roger Harters discussed possible future uses including a sand-and-gravel operation; planning staff said any extraction would require a separate conditional-use permit.
The Kearney City Council on June 24, 2025, adopted Ordinance No. 8751 to rezone a parcel east of Cherry Avenue and south of East 11th Street to District AG (agricultural), after a public hearing and discussion of potential future uses.
The rezoning was submitted by applicant Roger Harters on behalf of West Limited LLC. Planning staff told the council that the planning commission recommended approval. After a short public hearing, the council moved to adopt the ordinance and suspend the statutory requirement for reading ordinances on three successive days; the motion passed on a roll-call vote with all members present voting aye.
Why it matters: Council members and staff emphasized that a zoning change would not itself authorize a specific industrial use. Planning staff noted that rezoning to agricultural creates a range of allowable uses, and that any sand-and-gravel extraction or similar operation would need to return to the council as a conditional-use permit with additional review and conditions.
Roger Harters, the applicant, described development possibilities for the site and said he had discussed a sand-and-gravel operation with a local operator, Keith Becker. "We're gonna put trees around the front and berm," Harters said, describing plans to plant Ponderosa pines to screen the site during construction. He also told the council he had discussed retail and flex-space concepts and had pursued other commercial options but that lack of sewer infrastructure limited some development types.
Planning staff (identified in the record as Melissa) explained the procedural limits of rezoning: "Rezonings aren't for a specific use type," she said, adding that if a sand-and-gravel operator seeks extraction, that operator must pursue the conditional-use process. Staff also noted a development-review team (DRT) recommendation that gravel piles not exceed 35 feet in height; Harters relayed that the prospective operator said he had not piled material that high on his sites.
Council members asked questions about neighboring land uses and infrastructure. The council record shows that Mike Johnson's sod farm lies directly north of the parcel. Harters said the property has positive drainage to the north for about a mile and a half, which could reduce the need for lift stations if sewer lines were extended.
Ordinance and vote: The council adopted Ordinance No. 8751 (rezoning to District AG) and directed that the ordinance be read by number only and published as provided by law. Recorded roll-call votes on final passage were: Mayor Nichola — Aye; Schmidt — Aye; Stratman — Aye; Bushcutter — Aye; Moore — Aye. The motion to close the public hearing and place Ordinance No. 8751 on final passage preceded the adoption vote.
Next steps: The rezoning is effective as provided by law after publication. Any future sand-and-gravel extraction, building permits, or operations not allowed outright in the agricultural district will require separate permits and council or planning commission review.
