Logan Ave. land zoned industrial
City overrules planning commission
By Scott Rochat
Wednesday, October 18, 2006
Despite neighborhood concerns and a negative vote from the Metropolitan Area Planning Commission, 20 acres of land at East Logan Avenue was rezoned from agricultural to industrial use Wednesday night.
The Emporia City Commission voted unanimously to overrule the planners and allow the rezoning, but with conditions. Any industry that develops the ground has to create a buffer protecting neighbors to the southeast and create a stormwater plan to avoid flooding problems.
With the rezoning, the land becomes part of Industrial Park III, used to entice light industry to the area. But some of the neighbors weren’t so sure they wanted more industry nearby.
“Say this business goes in — how is that going to affect my house value?” asked Jim Woods of 2000 E. Logan Ave. “And if you say it isn’t, I’ll know something is rotten in the state of Denmark.”
“We have to balance what’s best for individuals against what’s best for the community,” Commissioner Julie Johnson said. “I think you’d agree that there wouldn’t be much interest in the community if there were no jobs. And don’t you think that would affect your property value?”
“Is it that life-and-death?” Woods asked.
“If the Committee of 50 had that attitude back in the ‘50s, we wouldn’t have Dolly Madison and many of the industries we have today,” Mayor Jim Kessler said. “We’re looking out for the interests of the whole community while still trying to cooperate with the neighbors.”
The rezoning had failed in the planning commission by a 4-3 vote Sept. 26, due to concerns about industrial zoning sitting near residential sites and whether the proposed buffers were adequate. In addition, member Raymond Rogers wasn’t sure it was legal to attach conditions to a rezoning.
City Attorney Blaise Plummer, though, said the Kansas Supreme Court has ruled that cities have that authority.
“Everything I’ve seen in the literature says the state has bestowed zoning authority on the municipalities and given them the authority to grant or withdraw zoning as they see fit, so long as it’s for the benefit of the community,” Plummer said.
The site is just east of another 20-acre lot at 1800 E. Logan Ave. that was zoned industrial with similar conditions in July. A landscaping plan for that lot was reviewed by commissioners Wednesday.
The plan calls for a berm and two rows of trees along the southwestern edge of the property, up to the intersection of East Logan Avenue and Weaver Street. The berm would be as low as 3.5 feet and as tall as 6 feet in places, with prairie grass planted to further screen the property. The trees would be planted this spring and next, a mixture of maples and oaks.
An engineer from George Butler Associates, which helped create the plan, said it should take about five years for the trees to reach their maximum growth. Woods disagreed.
“Five years won’t grow a tree big enough to screen very much,” he said. “A lot of times, it takes 20 years to get a desirable tree.”
Tony Zoupina, of 922 S. Weaver St., wanted to know how enforceable the plan would be. Once it’s approved, he asked, how could the city guarantee it would be followed?
“I don’t think anyone here has negative intentions,” he said to the commissioners and representatives of Emporia Enterprises, the organization that requested the rezoning. “I’m not saying you guys aren’t looking out for us. But if you aren’t here, who is going to?”
Johnson noted that the city did have one big hammer to make sure things happened properly in this case.
“Emporia Enterprises and the Regional Development Association both come to us for budget requests,” Johnson said. “If they don’t follow through ...”
“...We cut off their allowance,” Commissioner Tom Myers finished jokingly.
“I think it’s in all of our best interests to make sure the plan is followed,” Johnson added more seriously.
However, the plan ended up getting tabled for more study. Commissioner Ray Toso pointed out that the commission hadn’t seen the design until Wednesday.
“I thought the commission would see this a little sooner than tonight, maybe at a study session where we could discuss the cost,” he said.