Fwd: Time Marching on - "does it make people want to live here and does it create sales tax"

---------- Forwarded message ---------
From: Henry McClure <mcre13@gmail.com>
Date: Fri, Jun 24, 2022 at 7:36 PM
Subject: Time Marching on - "does it make people want to live here and does it create sales tax"
To: Kevin Holland <kholland@cfse.com>
Cc: Neil Dobler <neil.dobler@bartwest.com>, Bill Cochran <wcochran@topeka.org>

Kevin, 

Thanks for your time this morning --

1st thing is clearing up the past. I had an interest in this land, and Jayhawks LLC was the owner. Yes, I offered the right-of-way as a gift, hoping that would be the catalyst to do the work and install the road. That offer should have an expiration date. No one jumped on the offer. 

I want everyone to come to the realization to move forward I have to behave as if the road is never going to happen. If there was real interest in this project it would be in the CIP. In that light of planning neglecting to do the 500-acre Master Planning over the last 4 years, we need to agree that the Master Plan or lack thereof will not retard the 36 acres from moving forward. We have Gage. Let's exploit gage. The test for development in Topeka should be "does it make people want to live here and does it create sales tax". This is a retail site and the owner and I know retail. 

RIGHT-OF-WAY

NOT knowing what the City might want or need is killing me. This is killing the opportunity. We should be able to have a meeting of the minds without filling the new plat. 

If we have to build up the north part of my land we could fix the Right-of-Way as we go, in trade we should at a bare minimum recapture the site improvement cost when we sell to the City. This would be a great use of economic development funds. 

The reality of this being on the books for 40 years is sobering even for the sober.  Let's settle on the Right-of-Way and set it aside for the next 40 years. Let's just not have the fact that the road NOT happening is going to hold me up any longer. 

Address: SW GAGE BLVD
City State ZIP: Topeka, KS 66610
Owner Name: CALLANAN, KARLUN M TRUST
Size: 157.45 Acres 
Parcel ID: 1452104001001000 

I think this guy purchased the property and will have no interest in development. Not only do I not know them it is not my job to rally the property owners. It seems Herrman could care less if anything happens and the number one issue on his mind is how much is the City going to pay him for the right of way. His son is in the real estate business and maybe he wants to be the cheerleader. 

 Maybe you and Neil can hash this out. 

From: Bill Fiander <bfiander@Topeka.org>
Sent: Monday, June 4, 2018, 5:25 PM
To: Henry McClure <mcre@cox.net>
Cc: 'Aaron Mays' <amaystopeka@gmail.com>; 'Anderson, Dana' <Dana.Anderson@macerich.com>; Dan Warner <DWarner@topeka.org>; Michael Hall <mghall@topeka.org>; Douglas Gerber <dgerber@topeka.org>; Brent Trout <btrout@topeka.org>
Subject: RE: 37th and Gage

Henry,

Here is our understanding of your zoning options at this point…

·       Our big goal is to complete a master plan for the surrounding 500-acre urban growth area with a market study component to look at what the future land use, absorption, and phasing could look like and how to finance the infrastructure prior to programming any City capital investments or approving development. My hope is to start this plan in 2019 if not sooner.

·       We can support a limited C-2 re-zoning up to 6-8 acres without an overall master plan. This roughly equates to 80-100k square feet of retail development. I don't know if that will require an extension of SW 37^th/Southwest Parkway or other streets to the west. Traffic study would guide us there.

·       We can support a larger Mixed Use conceptual PUD on entire 18 acres without an overall master plan for the 500 acres. Mixed use would include C-2 commercial, office, multi-family, or attached dwelling units connected within same building and/or project area. This probably will trigger extension of streets prior to or commensurate with development.

• Both options assume…

• Full 18 acres included in platting, dedication of ROW, annexation, stormwater management study, traffic impact study, etc.
• Collaboration between City team and applicant team on preferred street/block layout absent an overall master plan
• Timing of road extensions will be dependent upon development phasing, traffic study, and further discussion with Public Works
• All pre-development costs and public infrastructure improvements are expected to be born by developer although street/sewer work could be explored for City participation or financing tools (e.g., CID, benefit district)
• Any re-zoning/platting west of 18-acre tract can be supported after overall master plan is completed for the larger area and is consistent with its recommendations for land use, phasing, infrastructure financing, etc.  

Since you're sharing videos, I think it would be good to share our LUGMP video which sums up the City's smart growth management policies https://youtu.be/kMK8alutJHo. This is what our Governing Body has adopted and what guides us. In short, our priorities are to grow first where our services are already in place…a more vertical footprint and not so much of a horizontal footprint. We have over 10 years of planned residential unit inventory on recently platted lots and increasingly more vacant retail space to repurpose. Improving the roads/utilities we have and redeveloping from within is fiscally responsible growth for all of us.

However, we do see the need to plan for the next natural urban growth area which I believe you are at the doorstep of. To that end we want to get a plan in place so the rest can follow when it makes the most fiscal sense for the City. I think you're the first domino and it's important to get that right absent an overall master plan.     

Does that help? Did I miss anything?

Bill Fiander, AICP

Planning Director

City of Topeka Planning Department

620 SE Madison, 3^rd Floor

Topeka, KS 66607

(785) 368-3728

bfiander@topeka.org

www.topeka.org

--

Henry McClure 

Time kills deals

785-383-9994

--

Henry McClure 

Time kills deals

785-383-9994

Must work around the stream buffer.

Saint Peter's and Paul's new home now - buy the existing Church -

 https://fathernikolai.blogspot.com/2023/11/tour-of-church-listing.html

In Topeka, Kansas, stream buffers (also called riparian buffers) are regulated locally under Chapter 17.10 of the Topeka Municipal Code (TMC), titled "Buffer Areas." These are not primarily state-level rules (Kansas has voluntary riparian buffer guidance for agriculture and conservation districts, but city ordinances control within Topeka limits). The rules aim to protect water quality, reduce flooding/erosion/sedimentation, stabilize banks, filter pollutants, provide habitat, and help the city comply with its stormwater permit.

Quick Summary of Stream Buffers in Topeka

• What they are: Vegetated zones (trees, shrubs, and herbaceous plants) along waterways. They apply to Type I streams (perennial, solid blue lines on USGS topo maps), Type II streams (intermittent, dashed blue lines), and Type III streams (channels with ≥40-acre drainage area). Exact widths vary and are shown on city GIS shapefiles/maps (not a fixed distance like 50 ft—it's science-based on risk, flow, and bank stability).
• Where they are: Check your specific property for free via the City’s Utilities Exploration Map (searchable by address/parcel on the Topeka stormwater/utilities site). If your adjoining stream has a mapped buffer, the rules apply. Buffers often include a "streamside area" (closer to water, stricter) and "outer area."
• Easements: Many buffers require a permanent stream buffer easement on the property. You (as owner) must maintain it properly, and the city can inspect.

Key Rules on Disturbing/Mowing the Buffer (TMC 17.10.060 – Establishment, Management, and Maintenance)

This is the section that directly addresses what you can and cannot do on your property:

• Prohibited without written approval from the Director of Utilities (or designee):

  • Clearing existing vegetation.
  • Grading, stripping, or soil disturbance.
  • Filling, dumping, draining.
  • Pesticides (except spot-spraying noxious weeds per county conservation district guidance).
  • Livestock grazing/housing.
  • Motorized vehicles (except for maintenance or emergencies).

• Explicitly allowed for property owners (no approval needed):

  • Trimming or cutting overgrown vegetation.
  • Removing dead vegetation.
  • Replacing vegetation.

  → Your mowing request fits here. Simple mowing to control overgrowth/keep it manageable is generally permitted as "trimming or cutting overgrown vegetation." It does not count as prohibited "clearing" if you’re not removing the root systems, stripping the area bare, or converting it permanently to something non-vegetated. The code specifically carves out this homeowner maintenance exception to avoid overly burdensome rules on existing properties.

• Other permitted activities (with review): Footpaths, pedestrian bridges, utilities, stream restoration, water monitoring, and removal of individual trees (with prior approval). Fences must be open designs (e.g., split-rail wood; limited metal screening prohibited).

When You Would Need Approval (Buffer Plan or Waiver)

A formal buffer plan (TMC 17.10.040) or waiver/variance (TMC 17.10.080) is required for "development" activities inside the buffer—things like new construction, grading, significant clearing, or major alterations. Waivers are possible for:

• Public-need projects with no alternatives.
• Repair/maintenance of existing public improvements.
• Certain redevelopments that don’t increase impervious surface.
• Hardship cases (with site plans, alternatives analysis, mitigation proposals, etc.).

For routine homeowner mowing on an existing residential lot, this process is almost never triggered.

Practical Ruling for You in Topeka

You can mow/trim the overgrown parts of the adjoining stream buffer on your property without violating code, thanks to the explicit homeowner exception in TMC 17.10.060(a)(1). This keeps you out of code-violation territory and avoids complaints or enforcement (Topeka’s most common violations are weeds/grass over 12 inches anyway, per city notices).

To stay 100% safe and avoid any "uproar":

1. Confirm the buffer on your parcel using the city’s online Utilities Exploration Map (linked from the Stormwater page).
2. Contact the Topeka Utilities Department / Stormwater Division directly (easiest way—call or email via topeka.gov/utilities/stormwater). Mention your address, the adjoining stream, and that you want to mow for maintenance. They can confirm in minutes and point you to the exact mapped limits or any easement on your deed. This also creates a record that you checked.
3. Keep it to trimming/mowing—don’t clear to bare dirt, remove woody vegetation/trees, grade, or dump anything.
4. Consider leaving or planting some native grasses/shrubs if possible; it aligns with the ordinance’s intent and makes the buffer more effective (and harder for anyone to complain about).

If the city ever says your specific buffer has extra restrictions (rare for basic mowing), they’ll tell you exactly what’s needed for a waiver. No state law overrides this for city properties, and enforcement is handled locally through Utilities (civil/administrative, not criminal).

Bottom line: Limited mowing for maintenance is allowed and low-risk. Reach out to Utilities Stormwater first for peace of mind—they’re the folks who wrote the rules and handle these daily. Their contact info and helpful PDFs (Stream Buffer Flowchart + Waiver Example) are on the stormwater page at topeka.gov/utilities/stormwater. This keeps everything neighborly and code-compliant in Topeka. Let me know if you need help finding the exact map link or contact number!