Neighbors raise parking, dumpster and design concerns as Omaha rezones 528 N. 33rd to TOD-3 MX
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Summary
Council approved rezoning at 528 N. 33rd by a 6–1 vote after neighborhood speakers warned the submitted site plan showed narrow access, dumpster conflicts and parking impacts; councilmembers noted TOD standards require urban design review and recommended continued neighborhood engagement.
The Omaha City Council approved an ordinance rezoning 528 North 33rd Street from GC to TOD‑3 MX by a 6–1 vote after a public hearing in which neighborhood advocates urged more careful review of the proposed site plan’s circulation, dumpster placement and parking.
Martin Janicek of the Gifford Park Neighbors Association told the council the drawings provided to neighbors showed a trash and grease dumpster close to businesses, and he worried that narrow private drives and an unclear property line would create conflicts. “We’re shown a trash dumpster and a grease dumpster and we’re showing cars and the access to it,” Janicek said, asking council to ensure the project’s plan is reviewed before construction proceeds.
Lawrence Butler, the project engineer representing the owner, said the survey shows 14 feet between the grocery-store building and the property line and that the design team had met with neighborhood representatives on March 10 to discuss concerns. Butler said the zoning requested (TOD) allows retail and the proposed development meets required parking numbers for TOD-3 MX. “The survey shows 14 feet…so there’s ample space to get around that dumpster,” Butler said.
Planning staff reiterated that TOD is a stand-alone zoning classification with built-in urban design standards; Dave Fanslau of City Planning said an NCE (neighborhood conservation overlay) is a different process that the neighborhood can pursue separately. Councilmember Festersen thanked opponents for their advocacy and suggested pursuing an NCE overlay as a longer-term neighborhood tool while noting that the TOD rezoning follows the city’s master plan.
Outcome: the council voted to approve the rezoning 6–1. Supporters emphasized the TOD zoning supports walkability and the citywide land-use plan; opponents asked the council to attach additional review or conditions to guard against negative impacts on the existing business district.
Next steps: because rezoning does not automatically dictate a final site plan, several council members encouraged the applicant and neighborhood to continue working through dumpster access, parking and fencing details during permitting and any future site-plan reviews.

