MINUTES OF THE
Members Present: Chad Taylor, Dave Ireland, Rachelle Vega-Retana, Kurt Young, Dave Macfee, Bruce Henriksen and Michael Murray. With seven members present a quorum was established and the meeting was called to order.
Members Absent: None.
Staff Present: Barry T. Beagle, Planning Director and Gloria Obregon, Administrative Assistant.
Approval of February 11, 2008 Minutes, Public Meeting: Minutes of the February 11, 2008 meeting were approved as presented with a motion from Mr. Young, second by Mr. Henriksen and a unanimous voice vote.
Communications: There were no Communications by staff.
Ex Parte Communication by Members of the Commission: There were no Ex Parte communications by members of the Commission.
Declaration of Conflict of Interest by Members of the Commission or Staff: There were no Declarations of Conflicts of Interest by members of the Commission or staff.
Public Hearing:
1. Z08/02 by Harlan Family Trust and Triple S, LLC requesting to amend the District Zoning Classification from “RR-1” Residential Reserve District and “I-1” Light Industrial District ALL TO “I-1” Light Industrial District on property generally located about the northwest corner of SW Topeka Boulevard and SW University Boulevard in Williamsport Township.
Mr. Beagle presented the staff report stating the request is to reclassify an approximate 118-acre tract of land at the northwest corner of SW Topeka Boulevard and SW University Boulevard to the “I-1” Light Industrial District to market the property for industrial use and development. He said the site is part of a larger area that extends south of Target Distribution Center that is envisioned to develop for industrial land use, and the proposed reclassification would be consistent with the area zoning and development of the area.
The property was recently platted into five (5) tracts and the applicant hopes the rezoning will facilitate the eventual sale of the property to an industrial developments. There are currently two (2) existing uses on the property, which consist of a feed store on SW University Boulevard, which will remain and a single family dwelling off SW Topeka Boulevard, which will be razed with future development. The subject property is consistent with established patterns of zoning and development as well as the anticipated future development for industrial land use.
There were no questions of staff by commission members.
Mr. Murray opened the public hearing. Mike Engler of Bartlett & West appeared on behalf of the applicant, and stated the application conforms with the land use plan currently in effect and there are no immediate plans for development, however the zoning process is necessary for preparation to market to perspective users. The applicant has already addressed the platting process through the City of Topeka.
Mr. Emerson Dabney, 2633 SE Shawnee Heights Road, Tecumseh, KS 66542 stated he owns 67 acres north of the subject property and is in favor of the application.
Major Mark Green, Planning Officer for the 190th Air Refueling Wing at Forbes Field distributed data packets to commission members stating his organization looks at the following:
1. Accident potential zones.
2. Noise standards based upon the aircraft they fly.
3. Anti-terrorism concerns.
Major Green stated in the last two (2) years the 190th has worked with the County and City officials and staff to address an overlay protection zone, which has not been accomplished at this time. Major Green stated the subject property is not within a runway protection zone and it is outside their noise contours. Relating to anti-terrorism, they have some concerns regarding the ability to launch rockets, especially since they house a fuel storage area and are asking commission members to consider the type of buildings that will be constructed in the future and asked that future owners work with the 190th to assure they will accommodate some of the threats they are concerned about. Major Green stated Wichita has been successful with protection overlay districts, which has a building height restriction of 20-25 feet, and would be looking at something similar as it relates to the subject property.
There were no questions of Major Green, therefore, Mr. Murray closed the public hearing.
Mr. Murray asked Mr. Beagle for his comments regarding Major Green’s concerns. Mr. Beagle relayed he has had previous conversations Major Green and has held discussions with the County Counselor’s office as it involves the establishment of additional restrictions, but at this point Mr. Beagle does not have any criteria for implementation. Mr. Beagle believes jurisdiction will be addressed at the local level of government since there are implications on private property. Mr. Beagle also stated the Board of County Commissioners have the same information as the County Counselor’s office, but to date he has not received any directive to change local land use regulations. Mr. Beagle said he will continue to work with the 190th on development projects near the airfield.
Major Green said what he was trying to accomplish tonight was to get Planning Commission members informed about some of the documents and discussions the 190th has had over the past year and a half, with both county and city officials, which at this time appears to be at a standstill. The Harlan Trust case file before commission members was used as a tool to relay the information at hand, and Major Green is hoping to start dialogue between the various entities.
After further discussion between commission members and Mr. Beagle it was suggested there would have to be a joint coordination between the City and the County, arriving at a set of regulations to address the concerns presented tonight by Major Green.
Major Green explained to Mr. Young how
McConnell Air Force Base in Wichita has achieved the success they’ve had
regarding the implementation of an airfield overlay district, which addresses
the runway protection zone concerns. He
stated it was the Planning Department in Wichita that helped to advance
concerns, which resulted in the present regulations for their overlay district.
Mr. Murray asked if the case file before
commission members was approved tonight could the 190th
retroactively amend the requirements for buildings on the parcel. Mr. Beagle stated the overlay zone would
present a legal question as applied to existing property that would have to be
addressed at that time. Mr. Beagle also
stated the type of development that would be seen on the subject parcel would
be comparable to that in the Target Distribution Center.
Mr. Taylor motioned for approval, second by Mr. Henriksen and without further discussion the proposal was recommended for Approval by a vote of 7-0-0.
Mr. Beagle relayed the item would be forwarded to the Board of County Commission for their consideration on May 05, 2008.
Mr. Murray left the public hearing at 6:29.
Public Comment on Non-Agenda Planning
and Zoning Items
There were no
comments offered.
Discussion of Planning Related Issues
Shawnee County Wastewater Management
Mr. Beagle gave a brief presentation on the existing Shawnee County
Wastewater Management Plan, which had great relevance when the City and County
were a joint program, and was created out of a State Law requirement. Implementation of the plan would assist in
controlling pollution tied to adequate sewage disposal systems, and it would
eliminate duplication and provide for more cost effective and efficient use of
public funds as it relates to centralized sewer systems. Documents provided to commission members
noted the relative consistency between the policy recommendations of the
Wastewater Management Plan and the city’s municipal service boundary and the
3-mile boundary. Mr. Beagle commented
the Wastewater Management Plan subdivides Shawnee County into four (4) service
areas, which includes an urbanized area that corresponds to the City of Topeka,
Auburn, Rossville, Silver Lake and Willard.
It is the expectation that any development that occurs within those
urbanized areas shall be subject to connection to public water and a
centralized sewer systems. Around the
City of Topeka there is a defined Primary Urban Service Area and any
development within that area should be held in the same standard as connection
to the water supply and sanitary sewer systems. The Secondary Urban Service Area encompasses the Primary Urban
Service Area and includes the watersheds that drains back into the City of
Topeka, and is expected to become urbanized beyond 2005 to the year 2025 and
allows for both sanitary sewer connections and development by septic tank and
lateral. The remainder of Shawnee
County is designated as Rural Agricultural Area for which one can utilize a
septic tank and lateral field system.
The plan remains in effect today, and there is nothing currently in
County regulations that states any development must be consistent with the
Wastewater Management Plan. Mr. Beagle
said he wants commission members to be aware the plan still exists today as an
adopted document. Mr. Beagle said there
is a provision under the plan that allows property owners to seek a waiver to
deviate from policy recommendations of the plan, which would allow for the
development of lots by septic tanks versus connection to sanitary sewer, for
example.
Mr. Beagle relayed to commission members
that Commission Shelly Buhler contacted him about a joint meeting between the
Planning Commission and the Board of County Commissioners. Mr. Beagle is looking at developing an
agenda with topics that are relevant for both commissions to discuss. Mr. Beagle asked for input from Planning
Commission members as to talking points that would have relevance to the two
(2) commissions. Mr. Beagle also
stated there is a meeting next week with Commissioner Buhler, Mr. Murray, Mr.
Macfee and himself to develop strategies to bring about the joint commission
meeting and brainstorm for topics of interest.
Adjournment:
Mr.
Henriksen motioned for adjournment, and with a unanimous voice vote the meeting
was adjourned at 6:40 pm.