The issues of water availability and traffic on county roads that are often discussed by the Seward County Commissioners and Seward County Planning Commission are central to a Seward Planning Commission and City Council discussion of a new housing area east of the city.
A 13-lot residential area proposed by Rod and Ann Lyons for their 80 acres of land northwest of the intersection of 238th and Bluff Roads requires the permission of the Seward Planning Commission because it is within the city’s two-mile extra territorial jurisdiction for zoning.
Future residents of Bluff Country Estates would not be tied to city water or utilities. The roads around it are maintained by Seward County and rural residents in the area provide their own well water and sanitary services.
The Seward Planning Commission on July 13 continued a public hearing and eventual decision on the proposed preliminary plat begun at its June 8 meeting after a half dozen people who live near that land questioned water availability and some commissioners asked for more time to study the issues.
When they reopened the public hearing, a spokesperson for Scheele-Kayton Custom Homes told commissioners the development’s domestic wells would not be a concern and that development covenants would prohibit irrigation wells or ponds that would require more water.
While several residents in the 238th and Bluff Roads area spoke about the impact of increased traffic on the county roads, commissioners voted 8-1 to recommend the Seward City Council approve the development plans at its July 21 meeting.
Those attending the planning commission hearing expressed concern that they would not now have an opportunity to speak in a public hearing with the city council because they thought that had been delayed when the planning commission delayed its decision.
Tim Dworak, city building, zoning and code enforcement director, said the council had advertised the June 16 public hearing as required by the Nebraska Open Meetings Act and proceeded with it despite the lack of a planning commission recommendation.
The council tabled discussion and a vote on the project pending additional information, but closed the public hearing.
Planning Commission Chair Ron Wallman told those at the planning commission hearing that he understood their frustration that the continued discussion may not be in the form of a public hearing.
“I do not think that is an unreasonable assumption on your part,” he said.
Only one member of the public spoke at the Seward City Council’s public hearing opposing the development.
Most of the neighbors addressing the plan questioned water and roads issues, while one nearby neighbor said after looking at the information and knowing a covenant would address some water issues, she thought the plan was well thought out.
Clarence Kotera was the only planning commissioner voting against the proposed development, citing the questions and information cited about the aquifer water.
“I can see where it concerns you and this is not the last subdivision that is going to come in,” he said. “When is enough going to be enough on that aquifer?”
Commissioner Scott Seevers voted in favor of the development, but also expressed concern for the planning role the city has for development.
“What happens when these 12 (wells) become 240 or 440? We would be wise to get out ahead of it,” he said.
Wallman, who noted that he and commissioner Ron Niemoth both live in the city’s two-mile extra territorial jurisdiction areas, said city planners have to look at capital development required for new housing areas, transportation issues and water availability.
But he also noted it is not the city’s role to “seize property rights” unless that becomes necessary.
“They have found what they think is the highest and best use for this ground,” Wallman said.
Scheele-Kayton Custom Homes filed a groundwater impact assessment it compiled for the area indicating an additional 12 wells would have little impact on the aquifer levels in the area and said total annual withdrawal for that number of residential wells would be less than the draw of a single center-pivot irrigation well.
The commission also received a copy of a 2024 paper by P.E. Hargis, a geologist and member of the Seward County Planning Commission, which studied “The Dakota Aquifer of Eastern Seward County, Nebraska.” Hargis’ summary indicates the county’s concerns that some years ago led to designation of some areas of Eastern Seward County in a “Water Conservation District” are “valid.”
Also submitted were a University of Nebraska School of Natural Resources report: “Nebraska Statewide Groundwater-Level Monitoring,” Upper Big Blue Natural Resources District article, “Groundwater Level Decreases Slightly, Remains Above Allocation Trigger,” and a July 2026 Onsite Wastewater Treatment System Soil Percolation Test Data Sheet for of the proposed development that included all 13 lots.
