It was a late night in White Auditorium for both residents of Emporia and the Emporia Metropolitan Area Planning Commission and Board of Zoning Appeals and another may be ahead next week after commissioners tabled two of the three items on their agenda and have yet to take up the third.
During Tuesday’s special meeting of the planning commission, which lasted more than six hours, nearly five of which were spent in public hearings, commissioners ultimately tabled rendering recommendations on the proposed digital infrastructure overlay and a series of rezoning requests for property annexed into the city limits by Emporia City Commissioners on June 3. The hearings included comments from those both in favor and opposed to the proposed Flint Hills Digital Campus and data center project, which has been the largest topic of community conversation since its announcement three weeks ago.
Those in favor spoke to the potential economic impacts, including property tax incentives and potential job growth, while those in opposition raised ongoing concerns about environmental impacts, potential noise pollution, a perceived lack of transparency among city leadership, and regulatory concerns about when or if an end user is announced. Commissioner Aaron Larson stated that the potential environmental impacts have been the subject of much of the “feedback” he has received from residents, and his biggest takeaway from the public comment is that it is one of his biggest concerns.
Commissioner Denise Gilligan stated that the input from both sides of the argument is critical to the process, adding that the situation is a balancing act in all stages.
Many would also state the DIO “lacks teeth” to hold end users accountable for any potential oversteps or violations of protections or restrictions set forth by the city. Larson, when asked his thoughts, stated he heard that concern, but also clarified the purpose of a DIO is not enforcement but rather a tool for gathering information in the early phases of a venture such as this.
As it pertains to the exact section being addressed Tuesday night, commissioners did propose amendments to the document, specifically page 7, subsection D development materials, which originally stated: “The following materials shall be submitted unless the city determines that a particular requirement is not applicable based on the nature, scope, or scale of the proposed development. Any determination that a required submittal is not applicable shall be made by the zoning administrator and documented in writing as part of the development review record.”
Following discussions, the following proposed addition, as read Wednesday evening, was developed: “The written determination shall identify the specific submittal being waived, state the factual basis for the determination, including any related information determined to be sufficient to evaluate the applicable subject matter and be included in the official development review record. Nothing in this section shall limit the authority of the planning commission or city commission to require additional studies, analysis, supplemental information, or revisions reasonably related to the subject matter of any required submittal when necessary to evaluate the proposed development or to address issues identified during the public review process.”
Following this amendment’s initial reading, Gilligan, who proposed the tabling of both items Tuesday, stated that she would like to see a “clean copy” of the DIO before taking any action on it, noting that the commission had just received an updated version of the DIO the day prior.
Commission Chairman Kenton Thomas echoed Gilligan’s sentiment and when asked if the “lateness” of the updated draft was a cause for alarm, he stated that it is the purpose of tabling matters.
When asked why the document had come before commissioners in the time and manner that it did, City Zoning Administrator Justin Givens stated: “Everything we do is generally a working document.”
As for the proposed rezoning of land, which would see tracts 1-10 rezoned light industrial and tract 11 rezoned industrial flex. It was asked during the meeting, both by commissioners and by those commenting, if the rezoning could be handled separately or if it had to be handled on an “all-or-nothing basis.”
Givens noted the matter could be handled in a “piecemeal” manner — in multiple steps or phases — however, developers are asking for it to be done simultaneously. When asked his feelings on the subject, Chairman Thomas stated it would be his preference to at least see tract 11 considered separately from the others.
Both matters will be revisited next Tuesday, June 30 at 6 pm, again inside the William L White auditorium arena. The decision to table for a week did lead to several commenters asking commissioners to consider tabling for a longer duration, with KVOE News asking Chairman Thomas if a week would be a long enough time for commissioners to fully consider the information and amendments. Thomas responded by noting there is no limit on the number of times commissioners can table a matter.
As mentioned previously, the matters of the rezoning and DIO were just two of three agenda items before commissioners on Tuesday evening, with the third being the potential application of the DIO to the properties proposed for rezoning. Due to the length of Tuesday’s meeting, that item was postponed to next Tuesday’s meeting and will see consideration and a public hearing at that time.
As for the DIO and rezoning matters, no public hearing will be held on those matters next week as both hearings were held Tuesday evening. For those who were unable to view Tuesday’s meeting, it is available to view on the Emporia, Kansas – City Government Facebook page.
