The Sumner County Planning and Zoning Board has voted down the re-zoning and conditional use of the proposed Exit 33 Lakes Casino site as board members fretted over drainage and flooding issues.
A vote to approve the site was met with a majority of opposition from the board as it failed to pass with a 4 to 6 vote. Board members Steve Lang, Ed Larson, Max Stinley and Daryl Yearout voted in favor of re-zoning the project. A formal denial vote was passed immediately afterward, with Yearout changing his vote to go with the majority.
Vice President of Lakes Entertainment, Inc., Dick Bienapfl and counsel Korb Maxwell of Polsinelli Shughart in Overland Park, Kan., presented their case before the members stating Exit 33 was a “proper site for commercial and casino development” and was in line with the board’s comprehensive plan for the County.
Bienapfl relayed plans for the casino already presented to the County Commissioners and said the biggest issues — drainage and traffic — were being studied.
Retention ponds would take care of some of the water issues, Bienapfl said, along with drainage into the Cowskin Creek. Fears the County would be left with a wet mess on their hands were unfounded, as engineers who would work on the drainage issue would be held to their word, Maxwell firmly stated.
“We would get that stamp and seal from the engineer and we would hold them to that as a professional gaming company,” said Maxwell.
Traffic issues were still up for discussion, however, as Lakes is still in preliminary discussions with the Kansas Department of Transportation.
The vice president said entry would have to be made into the facility on Hydraulic — meaning major changes for the roadway and for the traffic pattern currently established.
Bienapfl said Lakes would work with residents to stop problems before they start — namely buffering noise at the site and working to establish water and sewer connections.
Residents close to the site filled the chairs of the meeting and urged the board to reject the site proposal.
“For the past three years we’ve received significant amounts of rainfall resulting in flooding in our township including water on the land being requested for re-zoning,” said Cynthia Bissell. “It leaves water no where to go but in our homes, in our basements and in fact we are pumping water out of our basement every 20 minutes now and it used to be every three minutes last year and it took four months.”
“There is a big difference between putting in a QuikTrip and putting in a casino at Exit 33 and being opposed to a casino at Exit 33 is a major difference,” said nearby resident Paul Stone from Peck, who said drunk drivers were another concern.
“Who is going to be responsible for the deaths of our family because we all want to make money on a casino...how many family members do we have to lose before we realize it’s not worth it?” he added.
About 13 people spoke against the Lakes casino site while no one spoke in favor of it.
A brief discussion about the conditional use of the proposed site took place but it was in vain. The board again voted against the developers in a 7 to 3 vote against the conditional use. Again, Lang, Larson and Stinley voted in favor of the development.
All the votes were met by standing members of the opposing public who clapped and cheered as both cases were turned down by the board.
Lakes isn’t down for the count, however. County Planning and Zoning Director Jon Bristor said the County Commissioners may overturn the board’s recommendation at their Monday meeting.
Bienapfl is hopeful for an overturned decision.
“I don’t think the story is any different. We just had some very vocal neighbors and I don’t blame them for being sour. It’s a normal reaction we’ve seen in the past and I think that there are just certain things the County Commission has to consider and I believe they will do so,” said Bienapfl.
Though waters was a huge issue for area residents and the board, the vice president says problems with the drainage are no problem at all.
“We have built casinos literally on the gulf Coast of Mississippi, we have built them on the banks of the MIssissippi River and in the swamp lands of Mississippi and we’ve had to deal with problems more difficult than this...it’s really just a matter of money and you have to spend a certain amount of money to do the right things,” said Bienapfl.
Though the Exit 33 site is facing challenges, it doesn’t make the developer favor Wellington.
“It’s still up to the state. We still want to have the two sites,” he said.
County Commissioner Garey E. Martin was present for the meeting and commended the board on being thorough and looking at both sides of the cases presented them.
“They heard the proposals and they voted on their own merit and it’s up to us on the County Commission to discuss it and vote on this thing,” Martin said. “We’ve got to discuss this thing and talk it over and see where we are at. Our comprehensive plan does call for the northern part of the county to be housing and commercial property so we really got to look at this,”
Though Board Member Larson stated at the meeting he “would bet his farm” the commissioners would only endorse the Wellington site, Martin warned not to count chickens before they hatch.
“In our RFP’s [Requests for Proposals] we stated anywhere in the County. We want to look at anyone that came into the County and we all still feel that way. We aren’t kicking anyone to the side by any means,” Martin said.
The commissioners will meet at 1:30 p.m., Monday, May 11 to discuss and vote on the casino endorsements.
A June 3rd planning and zoning meeting is planned for the proposed Prairie Sky casino at Exit 33 at 7:30 p.m., at the Raymond Frye Complex.
Wellington, Kan. —
