Property Rezoned Amid Protests

By Brian McCauley, bmccauley@miconews.com

Working in Paola’s planning and zoning department, permit technician Amy Barenklau has heard her fair share of complaints against development. But last week, during an Osawatomie City Council meeting, Barenklau made her own plea to not rezone a large tract of land for development near her rural home — and she wasn’t alone.

A handful of residents in Osawatomie’s growth area stood up at Thursday’s meeting to voice their disapproval of a plan from Metro Excavating of Olathe to rezone 57 acres along Old Kansas City Road north of Osawatomie Road from agriculture to business park.

Barenklau said she is not against growth, as long as it is controlled. She insisted that several of the city’s requirements for site plans were not met by the proposed developers, and she wanted more information on business hours, lighting, chemical disposal, set backs and other details.

Although she is about 100 feet outside of the 1,000-foot radius in which property owners were notified of the rezoning request, Barenklau said the development would directly affect her and her family.

She recommended that the council send the issue back to the planning commission, which previously failed to approve the rezoning request because of a lack of a second after a motion was made.

Councilman Brent Kaempfe agreed, saying he would like to have the planning commission’s recommendation in writing.

“I think it’s important that we hear what they have to say,” Kaempfe said.

City Manager Bret Glendening said the process of city zoning regulations was followed correctly, and he took blame for the planning commissioners’ lack of action because he said he didn’t properly prepare them for the public concern. He recommended that the entire 57 acres be rezoned so that the developer would not have to go through the process again.

He also said the county had been notified of the request, and their only concern was to keep all development under height restrictions for the nearby Miami County Airport.

Scott Taylor of Metro Excavating said he plans to build a machine shop on a portion of the parcel, but the rest would be just speculation. Still, he said he’s very interested in developing the remaining acres.

Taylor also said there will be a fence that will be at least 6 feet high and a landscaping berm to help conceal the property. He added that the noise won’t be as loud as the nearby train tracks or Miami County Airport.

Councilman John Klein repeatedly expressed his struggles with the issue, saying he sympathizes with the nearby property owners, some of whom he said he knows personally, but he also knows the city needs to attract new businesses.

He suggested moving the proposed development to the Northland area, but that idea was not embraced by Taylor, Glendening or the other council members.

“He’s already got a contract on this land. To turn him down so we can give him land in the Northland, that’s very out of order,” Glendening said.

Before making his vote, Klein asked Bill Johns and others who own nearby property to not take the vote personally. They said they would, and Klein joined his fellow council members in unanimously approving the request to rezone the 57 acres.

“Being on this council is the worst business decision I’ve ever made,” Klein said. “I just lost a few more friends.”

His fellow council members backed his vote.

“It was a hard decision, but it was the right decision,” Councilman Jeff Walmann said.

“We have been crying out for development for years,” Councilwoman Karen LaDuex added.

Barenklau prepared a written statement after the meeting stating, among other things, that it was wrong to approve the request before answering all the questions and sending the issue back to the planning commission.