Pottawatomie County commissioners approved two rezoning requests Monday for future residential developments with some contingencies.

A 30 acre tract at the southeast corner of Elm Slough and Flush Roads will be rezoned from agricultural to ag-residential. Access into a proposed subdivision hasn’t been determined and will require traffic and drainage studies, according to County Planner Stephan Metzger, based on a protest petition filed by eight of the 18 nearby property owners.

“If the applicant wants to come off the Flush Road, the county engineer will have to approve that. If the applicant wants to come off Elm Slough, just like any road in the county, the applicant would need to pave that portion of Elm Slough to their entrance,” Metzger said.

The proposed subdivision is located across from Nelson Poultry Farms, a large hatchery and breeding facility that, according to its website, produces up to 9 million chicks annually. Commissioners discussed that flies could become a nuisance to new residents that move into the area, but Metzger said it would be on those residents to do their homework prior to moving in to the proposed development.

Commission Chair Greg Riat says the Nelsons shouldn’t be forced to adjust their operations in favor of new residents who may move in nearby.

“I don’t know if a setback would help on that or something and again my full interest on that is not to stop development, but to make sure the landowner can proceed without having somebody sue him down the road,” Riat said.

Commissioners on Monday also approved rezoning a nearly 70 acre two-tract parcel of land southeast of St. George for extension of a residential subdivision.

The property, located between Appleyard and Flint Rock Road, is currently zoned for agriculture but sits north of an already developed subdivision. Most of the area is native grass and the ground slopes relatively steeply to a large drainage on an adjacent tract. Commissioners, including Dee McKee have issues with a lack of access going back to those two parcels.

“Having two accesses just makes a lot of sense for the houses that are out in the trees and in the country,” McKee asked. “So my question is can we put in finding a second access as part of the final considerations?”

Metzger answered he’s not sure if that can be included in the consideration. Before the developer can move ahead with a preliminary plat of the land, the tracts must be rezoned to single-family residential. That includes a drainage and traffic study for the developer to determine suitability of the land. Metzger says he can provide commissioners with updates as the preliminary plat moves forward.

“We can give you those results of the traffic and drainage study as we have them, and maybe after they’re approved by the Planning Commission. To let you know this is what we looked at, this is the result, here is the impact it’s going to have on drainage in the adjacent tracts as well as the traffic impact along Prairie Fire Lane,” he said.

Metzger says if the developer moves forward, they would incur the burden of paving and road development in that tract of land.

Because valid protests were filed in each case, commissioners had to be unanimous in the decision to allow the developer to move forward. Commissioners can still halt the development process for any reason going forward.

 

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