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Kearney planning commission approves rezoning of 30 acres near East 11th and Cherry Avenue
Summary
The Kearney City Planning Commission approved rezoning request 2025-10 to return about 30 acres from C-3 (General Commercial) to AG (Agricultural) at the request of the property owner, citing lack of sewer and limited market interest for commercial uses; commission staff offered no recommendation.
The Kearney City Planning Commission voted to approve rezoning request 2025-10, moving roughly 30 acres on the east side of Cherry Avenue and south of East 11th Street from C-3 (General Commercial District) back to AG (Agricultural District).
The change was requested by Roger Harders, owner of West Limited LLC, who told the commission he had been unable to attract commercial buyers for the parcel without sewer access and that he and a potential operator were instead considering a small sand/gravel operation on part of the site. “We'd have to put some type of business in there that would not require a sewer system or could operate on well water,” Harders said.
The rezoning hearing drew statements from city staff and the property owner but no formal opposition. Melissa (planning staff) told the commission that the property was rezoned from AG to C-3 in 2023 and has remained vacant. She said the future land use map designation for the area is MU-3 (commercial mixed use) and that staff could not outright recommend approval because the existing zoning aligns with the comprehensive plan. “Our recommended action is that staff provides no recommendation with the following notation,” Melissa told the commission, noting that staff understood the property owner’s rationale.
Commission discussion touched on practical limits to commercial development without sewer and the regulatory difference between zoning and conditional uses. A commissioner clarified that resource extraction (the type of gravel/sand operation discussed) would require a conditional use permit if proposed later. The hearing was closed before commissioners took action.
Following a motion to approve zoning request 2025-10, the commission carried the measure. A recorded negative vote was heard during roll call; commission members present otherwise supported the rezoning.
The approval rezones the parcel without a future land-use map amendment; staff noted that the rezoning provides “alternative options for development” given the property’s lack of connection to city services. The commission did not take additional steps such as requiring a conditional use permit for extraction; any such permit or related permitting would require separate action if an operator applies.
The applicant and staff were present for the decision; the applicant was wished luck after the vote.
The commission then moved later in the agenda to reports and an infrastructure briefing.
