All matters that came before the Emporia Planning Commission and Board of Zoning Appeals Tuesday evening gained recommendations for approval; however, only one of those decisions was unanimous.
While the Digital Infrastructure Overlay document received a 7-0 vote, commissioners were split on rezoning 11 tracts of land that were previously annexed within the city limits earlier this month. The vote was 4 in favor and 3 against, with Commission Chair Kenton Thomas and commissioners Stan Fowler, Joe Reed and Kevin Johnson all voting in favor.
Fowler made the motion to approve the rezoning as it was presented — rezoning tracts 1-10 as light industrial and tract 11 to industrial flex — saying it is his belief “Emporia needs more industrial property.”
The motion by Fowler came moments after a motion from commissioner Denise Gilligan to recommend denying the rezoning of tracts 1-4 failed by a vote of 2-5. Gilligan proposed the motion after stating she felt the rezoning needed to be decided by parcel rather than as a collective, after she and Commissioner Aaron Larson both stated concerns that centered heavily on tracts 1-4 and 11, with Gilligan’s specific concerns for tract 11 centering on its proximity to Timmerman Elementary School and other recreational spaces.
Fowler countered Gilligan’s argument on tract 11’s proximity to Timmerman, stating it would not be the first time the city has had industrial development near a school.
Along with Gilligan, Larson and commissioner Lillian Lingenfelter voted in opposition to the recommendation for approval, with Larson also voting alongside Gilligan to deny the rezoning of tracts 1-4. Before any of the votes, Larson had stated that some of the rezoning, specifically for tracts 5-10, made sense to him; however, tracts 1-4 gave him pause with proximity, like Gilligan, being the main cause for concern.
In explaining his vote in favor, Commissioner Reed stated his decision was rooted in the desire to further the “fact-finding” process of the endeavor.
When asked if he was surprised by the split decision on the matter, Chairman Thomas stated he was actually expecting it, saying that is the purpose of a committee such as theirs.
The vote on the rezoning matter came before a two-hour public hearing on the DIO’s application to the 11 tracts of land, which also saw a recommendation for approval by a far less narrow margin of 6-1. Gilligan again voted in opposition to the recommendation, calling it a “protest vote.”
Gilligan would also state to KVOE News that she agreed with many of the residents who spoke against the matter Tuesday night and over the course of the last month, saying she feels the process has been rushed to this point.
Before the public hearing on the application of the DIO, both Chairman Thomas and Commissioner Fowler stated they’d had “outside communications” before the vote, with Fowler saying he had “a visit with one of the developers” and Thomas saying he had spoken with many individuals on both sides of the issue. This led to many of the speakers in opposition to the matters addressed Tuesday to call for a revote on the previous items, with Fowler and Thomas recusing themselves.
When asked if he could disclose the discussions he’d had or the developers he had alluded to, Fowler told KVOE News, “I don’t feel the need to disclose who it was, and I wouldn’t say it was anything that mattered.”
Thomas, when asked his feelings on the situation by KVOE News, stated he felt there was confusion from his statement, saying many took it to mean he had spoken with developers before reiterating that he had had communications with residents on both sides of the issue and no discussions with developers involved in the proposed digital campus project.
All of the matters discussed and considered Tuesday night will now go before the Emporia City Commission for final consideration and action, likely at their July 15th meeting.
