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City approves zoning for new shopping area

Wednesday, November 15, 2006

City commissioners approved the zoning for a huge new commercial tract in northwest Emporia by a 4-1 vote Wednesday night.

The 71-acre tract owned by DeBauge Family Investments and CSJB has been proposed as a major shopping area, possibly to include restaurants and "big box" retailers.

"It's hard to imagine a site in the city of Emporia that's better suited for this than this site," Jeff DeBauge told commissioners. He pointed out the site's proximity to Interstate 35, called a "river of money" by one study.

A nearby roundabout to be built by the Kansas Turnpike Authority would feed into the new commercial area, a fact that did not escape attorney Tom Krueger.

"That river of money isn't going to go by at 70 mph," said Krueger, representing CSJB. "It is going to stop to get on the turnpike and stop to get off the turnpike ... they're all going to slow down and stop right by this piece of property. In effect, we're going to dam that river up right by this piece of property."

K.B. Thomas, whose family owns a neighboring tract and has similar hopes, wished the new development well.

"I tip my hat to these people," he said. "I don't feel that we're in a big race here. I think both projects will complement each other."

The one nay vote came from Commissioner Julie Johnson, who wanted the community to have more say in the final design of the project.

"I know the community is hungry for some retail and commercial growth," she said. "I just hope we're not taking the first offer that comes along and thinking it's the best offer that will come along."

A planned unit development would have allowed more exacting restrictions, but the owners had declined to work that way. A hard-and-fast design would be difficult at this stage, they said, since many businesses wouldn't commit until the zoning went through.

"Without the zoning, they can't sell the sites to anyone," Commissioner Ray Toso agreed.

The site is still subject to city regulations on landscaping, runoff and other areas. And since access has to come through a city street, DeBauge noted, the city still has some future leverage in discussions on the area.

"This piece of land is going to be back in this room many, many times," he said.

Krueger also said that the Kansas Department of Transportation had agreed to put in an extra water culvert under the roadway to handle the additional runoff. The work, estimated at $160,000, will be at the owners' expense.

Commissioner Tom Myers said the track record of the developer, Block and Company of Kansas City, suggested that the community's interests would be well-served.

"This is not some fly-by-night guy who just started up," Myers said, referring to Demetrios Dellaportas, who spoke for Block at an October planning commission meeting. "He's got his reputation -- which is considerable -- at stake in not making it look bad."

In other action:

• Commissioners approved the Lake Kahola purchase contract and two plats covering the property. A representative for the Kahola Cabin Owners Association, which arranged to buy the lake from the city, estimated that the existing residents would buy at least 120 of the 182 sites by the end of the year. The city retains emergency water rights to the lake, in case of severe drought.

• Golf rates will go up in 2007. Green fees will go up by $2 on weekends and for adults and seniors on weekdays, and $1 for juniors and twilight rates. Cart fees will go up by $1 for nine-hole golf and by $2 for 18 holes. Annual fees and cart storage will go up by $15.

• The commission agreed to give Hamm Quarry a fuel surcharge to cover the cost of diesel fuel. Hamm's hauls the city's trash to a landfill but has been hit by rising fuel prices. The surcharge goes into effect when prices hit $2 a gallon and top out when diesel reaches $3 a gallon.

• Commissioners gave Emporia Enterprises $40,000 for dirt work and engineering at Industrial Park III. Funds for additional landscaping, such as the trees and tall grasses planned to help screen the area, will wait until firm bids can be secured.

• The commission agreed to buy a cardiac support pump for the ambulance service at $16,035.

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