Council declines planning commission recommendation, zones heavy industrial

Despite the unanimous recommendation of the city’s planning commission on March 16, the Kimball City Council voted to zone a tract of land at 4351 E. Highway 30 for heavy industry at its meeting last week.

The council zoned the property heavy industrial, with council member James Shields as the lone dissenting vote.

The land was originally purchased by Don Gregory and the late Bruce Evertson, located east of Kimball along Highway 30 and north of what was once Castronics. It is now owned by Evertson companies and Gregory.

“To make it perfectly clear that we don’t want to be zoned, but if we have to be zoned, we want to be zoned heavy industrial,” said Perry Van Newkirk, who represented the property owners.

According to Van Newkirk, the property was purchased years ago by Gregory and the late Bruce Evertson with the intent to use it or sell it for future industrial or commercial business to would create jobs in Kimball. The late Evertson also bought some nearby property in what was then the Kimball Industrial Park years ago.

Van Newkirk further stated that if the land was not zoned heavy industrial, but instead zoned agricultural, the land would not bring profit to Kimball.

Beth Huddleston, speaking for her parents, Gene and Kathy Franks, spoke against zoning the property heavy industrial.

“They’re asking that if this circle has to be zoned, zone it agriculture,” Huddleston said. “Granted, you’re not going to get the sales tax, you’re not going to get this tax; you’re not going to get that tax, but it is still growing crops. It is still producing as long as it’s being leased.”

Huddleston said that since no plans exist to sell the property to an industry at this point, it should not be zoned until a buyer comes forward.

“The trucks have tore up Highway 30 so bad, to the point that my parents can barely get out of their driveway,” Huddleston added. “It’s already down to dirt in places.”

Kimball Mayor Keith Purity reminded those present that the only choice before the council last week was to not zone the property or zone it heavy industrial. No other choice could be made that meeting.

Wendy Baker stated that heavy industry as defined in the City of Kimball’s comprehensive plan includes industry in which the majority of the work is done outside and may create negative impacts on adjacent properties such as increased noise, unpleasant smell, excessive dust or visually unappealing property.

“We currently own a parcel of land within 300 feet of the property to be zoned and are opposed to this request,” Baker said. “The following is an abbreviated version of our previous experience living next to an industrial district and some of the reasons which cause us great concern.”

Baker went on to cite increased traffic, dust and noise, as well as health risks and increased financial burdens.

“In December 1988 we purchased a home on five acres, where we raised two children and several species of animals,” Baker said. “In the beginning this worked very well, our children had room to run, play and grow. However, as the years passed and the business around us grew, our quality of life began to decline.”

Baker said that all of her previously stated concerns, such as increased industrial traffic, made it difficult and at times unsafe for her family to enjoy their outdoor space. Windows also had to remain closed from excessive dust and noise.

“For many years this wasn’t an issue, however as the plant next to us grew so did the hours of operation. Seven days a week, 24 hours a day. Nights turned into weeks and weeks into months of interrupted sleep,” Baker said. “Lack of sleep quickly turns into fatigue, both physical and mental.”

Sharon and Dave Baker, who also live within 300 feet of the property up for zoning, presented their request to deny said zoning as well. Sharon Baker stated that after reading through the 2002 comprehensive plan, certain objectives were important to her.

“I also think the community shares these concerns and these goals,” Sharon Baker said. “The first point is maintaining a quality of life. The second point is the revitalization and marketing of existing dilapidated properties, commercial and industrial properties in this community. Another one is the conservation of prime farm land. There is also the protection of rural residential properties from encroachment of conflicting land uses. And finally I think we all think it is important the preservation and enhancement of the primary entrance corridors to Kimball, because this is our image.”

Additional public comments against the zoning echoed the sentiments of both Wendy and Sharon Baker, but citizen Ann Warner, who said she has no involvement in this issue, spoke for the heavy industrial zoning. Warner previously served on the city council and her daughter, Christy, is currently on the council.

“We keep wanting industry to come,” Warner said. “Do we realize the impact when we aren’t listening to the pipe and we are sleeping better at night? But where are the 50 jobs? How are those people sleeping tonight?”

Economic Development Director Wilson Bowling said the 2002 comprehensive plan cited by Sharon Baker is currently being updated.

“It is 13 years later and we are still using the same one, so we are in the middle of that process right now,” Bowling said. “This is a huge issue, whether this is residential, agriculture; whether its heavy industrial, light industrial – finding a way so this can work out for everyone.”

After the 30-minute public hearing closed, council member James Schnell reiterated that the property in question was all included in the industrial plans for the community. Schnell said that plans have been underway to develop the industrial area as well as housing, including a lift station for sewer and water.

“That has all been in the plans, it has already been engineered,” Schnell said. “We are in negotiations with Castronics to TIF (tax increment financing) their property so that lift station can be put in out there. So it is part of the long-term plan, because if we get high-end housing up at the golf course, there again, the long-term plan is we don’t want 75 homes up there all on septic and sewer if we can possibly prevent it.”

Council member John Morrison said that even though the zoning would be heavy industrial, it is unlikely that anything will happen with the land in the near future. He added that the zoning is not necessarily permanent, and the land could be rezoned if a buyer wishes to do something different with the property.

“If somebody comes in and tells us they want to build a 500-house housing development, I can tell you we are going to change it back to residential just as quick as we can,” Morrison said.

Council member James Shields said it was a tough decision for him due to his family’s history with a similar situation.

“I think the situation for me on a personal side, is the frustration I watched my parents go through when they were annexed into the city because of the rail spur which is no longer going forward,” Shields said. “That was a frustration, they didn’t want to live in the city, they liked where they lived, and that was a challenge for them.”

The heavy industrial zoning was approved by a 3-1 margin. Shields was the lone dissenting vote.