Ark Valley News - Sandpit wins city approval

Sandpit wins city approval
By Matt Heilman
Last Updated: October 24, 2013

Park City leaders didn't win any popularity contests at their Oct. 22 meeting, but based on the evidence before them, the council and mayor followed the recommendation of the city's planning commission and approved a special use permit for sand mining on land near 61st North and Seneca. The proposed sandpit is planned on 16 acres in a 53-acre triangle of undeveloped land located southeast of 61st North and Armstrong/Interurban.

The land is zoned light industrial, but has been used for agricultural purposes. For the special use permit to pass, a three-quarters vote was required from the governing body, including the council and Mayor Ray Mann because residents representing at least 20 percent of the notification area had signed a petition against the special use.

On Oct. 22, the special use received seven of nine total votes, including input from Mann and the eight council members. Council members George Glover and Melvin Kerr voted against the special use for sand mining.

In explaining his opposition, Glover said he couldn't overlook the feelings of property owners near the proposed sandpit who have expressed that they don't want the excavation to take place on neighboring land. Several of the upset property owners were present at the Oct. 22 meeting.

Previously, the plans to construct a sandpit were backed by the Park City Planning Commission in the form of a recommendation for the plans to move forward. The planning commission made its recommendation based on a list of 17 findings of fact that are presented with every zoning case and added 23 conditions to address some of the concerns expressed by the property owners near the proposed site.

Several residents who live in the vicinity of 61st North and Seneca have Wichita addresses while the acreage for the proposed sandpit just south and east of them is within Park City's limits.

Gary and BJ McCutcheon are two of the area residents who have been vocal in opposition to the plans for the sandpit, even after the planning commission included the 23 conditions to address a few concerns of the McCutcheons and several of their neighbors. Besides concerns with safety, water quality and a potential negative impact on property values, there has been criticism regarding the proposal for residential development to accompany the sandpit. With limited access to the site and loud noise from nearby train traffic, the logic behind the proposed residential plans has been questioned.

In addressing the primary concerns of property owners, the No.1 condition recommended by the planning commission is that plans "meet all federal, state and local regulations."

Safety concerns are addressed with a call for fencing to be constructed prior to the start of excavation on the pit. Also, the properties owner is responsible for dust control.

A 24-foot wide hot mix asphalt or concrete road is planned from 61st Street to the site, but area residents opposed to the project still expressed concerns about possible heavy truck traffic on Seneca and Armstrong.

In addressing concerns with water quality, one of the 23 conditions recommended by the planning commission calls for the landowner to install and manage groundwater-monitoring wells and to provide water tests on the pit every six months under Park City's supervision.

Prior to the council's Oct. 8 meeting when the group was initially planning to make a decision on the special use for sand mining, Park City Administrator Jack Whitson said berms would be built around the pit and the state would stop the project from moving forward "if they felt like there is any chance of water pollution."

Tim Austin, an engineer representing the developer on behalf of Wichita-based Poe and Associates, said the pit would not cause lower water levels in neighboring domestic wells.

But property owners living near the site for the proposed sandpit who depend on well water don't see how a pit can be dug below the water table without groundwater being drained from their wells.

And on Oct. 22, a group of irritated residents voiced their frustrations before the council recessed following its decision to allow the special use for sand mining. On a couple occasions, Mann banged the gavel to call the meeting to order.

"I hope your wells run dry," one property owner said as the council stepped down from the bench.

McCutcheon, frustrated that he wasn't given the chance he wanted to address the council or present new evidence at the planning commission's September meeting, said the fight isn't over and he'll see the city in court.