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A stock pond at Thermo nearest Helfferich Hill was the source of controversy earlier this year/ Staff photo by Taylor Nye
Citizens petition for reconsideration of 'heavy industrial,' say acres should stay natural
The Planning and Zoning Commission (P&Z) discussed the zoning at the Thermo mine property at their Monday night meeting, among other items of business.
After opening the meeting at 6 p.m., member Chuck Sickles reviewed procedure with the board and those tuning in over Zoom.
The board then unanimously approved their previous meeting minutes and discussed duplexes at Spence and Fisher [see related story "Spence and Fisher may get duplexes"].
THERMO
Sickles turned the group’s attention to action #2000902, rezoning of recently annexed property. The property, annexed on March 3, 2020, is colloquially referred to as “Thermo” and comprises 4,857 acres located between State Highway 11 and Farm Road 1870, Sickles informed the group.
The property currently has no zoning designation, according to community development director Tory Niewiadomski.
“The next step for the city is to provide a zoning designation so the property can develop accordingly,” Niewiadomski said.
The site was used as a coal mine from the 1970s until 2015, and “had a good 40 years of heavy industrial activity occurring on it,” Niewiadomski said.
Niewiadomski further noted the property has potential for industrial purposes again as it has access to the Class 1 Kansas City Southern railroad along with two parallel 7,000 foot railroad spurs.
“The property does have potential use for industrial sites in the future” Niewiadomski said. “With the heavy industrial designation, this does allow for the most flexibility in the future.”
Of 102 letters sent out to surrounding property owners, 80 were unreturned. One was in favor of the heavy industrial designation, seven were against the designation and two were undecided, according to city documents. Niewiadomski stated he received 12 additional responses against the rezoning: 11 letters and one verbal.
Furthermore, the city received a petition from change.org with 214 signatures in opposition to rezoning the area heavy industrial. Most of the signatures were in Hopkins County, although a few were from across the United States.
Those opposed to rezoning cited their enjoyment of country life and the understanding that the area was supposed to be used for parks and recreation.
“Industrial can be placed someplace else that the residents are not so close and bothered by it,” said citizen Danita Low. “These people chose to be out of town and in the country for a reason. Give them a voice to be heard.”
“This will affect our property value, country views and the wildlife that calls the country home,” said citizen Cheryl Blount. “When the city acquired this property, it was presented to the citizens as something that could be used for recreation and enjoying nature, not a possible money-making venture.”
“I do not want an industrial park close to my home,” said citizen Mary Ann Williams.
“If I wanted to be around heavy industrial I would live in the city limits,” citizen Melissa Clark agreed.
“I think some of this is fear of the unknown,” Niewiadomski told P&Z. Niewiadomski also noted that property values will not be directly affected simply by the act of rezoning itself.
“The property was not donated to the city on the condition it was going to be used for a park,” Niewiadomski clarified. Niewiadomski also noted that some areas cannot be built on for many years, such as the area that contains Helfferich Hill.
“Likely, a lot of the industrial development will occur along the rail line,” Niewiadomski said. “It would take generations to build out the property and probably $30 or $40 million.”
Board member Pat Chase noted that the property was previously a coal mine, and inquired how close the coal operations had been to property owners. City manager Marc Maxwell informed Chase that previous mine owner Luminant had an internal policy that mining operations maintained a distance of 100 feet from road right-of-ways.
“The city owns the property… it could have ended up a landfill or a hog farm,” Chase noted. “Now it has responsible ownership.”
CITIZEN COMMENTS
Citizen Linda Booker Bennett, who stated her family had owned land near the mine site since 1931, said she “didn’t care what you [the city] did with all this land… but I don’t want heavy industrial on Highway 11 where it can drip into our roads.”
“I just don’t want it here on my backdoor,” Booker Bennett said.
Maxwell asked Booker Bennett if it would be alright if the entrance to the property stayed where it was now. She said it “would not offend [her]... but it would offend some people and they don’t want it either.”
“The railroad, that’s where the really heavy industry is going to be,” Maxwell clarified. “But there still will be a park and there’s a lot of things we can do out there… also to remember is all the years you’ve been out there, it’s been heavy industrial.”
“What keeps the city from tearing down the buffer zone?” Booker Bennett inquired. “Is there going to be a buffer zone around every house where no one has to see it?”
Niewiadomski thanked Booker for her comments.
Sara Martin asked if “there is ever going to be an opportunity for those of us who live right up next to the property to purchase even a few acres from the city.” Niewiadomski instructed Martin that individuals may enquire with the city on a case-by-case basis.
Citizen RJ Baird stated that “trucks were coming up and down all day on County Road 2307.” Maxwell stated the city had no plans to make the road busier, as “there are quite a few homes along there and that would just be awful.”
Citizen Ricky Mejia stated he was also concerned about increased truck traffic, specifically nearest Helfferich Hill.
“The answer is nothing anytime soon,” said city manager Marc Maxwell, telling him that the 400-500 acre area had been reserved for a park “nine or ten years out.”
DECISION
Board president Brad Burgin asked Maxwell if there was any estimate on the tax benefit of the Thermo property to the city.
“It’s tough to say at this point, because we don’t really know what kind of institutional investment we can locate over by the railroad tracks,” Maxwell said. “I can tell you that if one of them decided to pull the trigger, it would nearly double the tax revenue of the city. The other, not quite as much but still would be huge. I say that, but for every 50 [companies] that come see us, one will land.”
“We’re seeing lots of interest from some pretty big companies,” Maxwell told the board.
With no further discussion, P&Z unanimously moved to rezone the Thermo property as heavy industrial.
*An earlier version of this story misidentified Sara Martin. The story has been updated with the correct name.