Derby planning commission recommends M‑1 rezoning and approves preliminary plat for water treatment facility

The City of Derby Planning Commission on Sept. 18 recommended that the City Council rezone about 12–13 acres north of 90 Fifth Street South from R‑1 (single‑family residential) to M‑1 (industrial) and approved a preliminary plat for a municipal water treatment facility and two water wells, forwarding the zone change and special‑use request by a 9‑0 vote.

The recommendation and plat approval follow a public hearing in which several nearby residents raised concerns about groundwater drawdown, contamination risks, property values, construction traffic and public notice. Scott Knaebel, the city planner, and Dan Squires, Derby’s development director, told the commission the city had located the site because of existing water rights and that state agencies regulate well spacing, water appropriations and treatment permitting.

Why it matters: Derby is seeking to supplement its purchased surface water with local groundwater and to build a water treatment facility to blend local supply with purchased water. The project would alter land use on two unplatted tracts and requires local zoning, platting and state permitting for water rights and wastewater handling. Residents nearby said the change could affect private domestic wells and property values.

City staff and the applicant described the proposal and the required approvals. Knaebel told the commission the request covers two unplatted tracts: the northern tract of roughly 2½–3 acres proposed for a municipal water well, and a southern tract of roughly 10 acres proposed for a water treatment facility and a second municipal well. Knaebel said the M‑1 district was requested to exempt the project from the city’s urban design criteria because the site is rural in character and the utilities are defined as a public utility that requires a special use approval.

Dan Squires, Derby’s development director, responded to public concerns about groundwater and contamination. He said the city is moving the point of diversion for existing rights farther from the Bluff area, that the proposed wells were sited with Department of Water Resources spacing requirements in mind, and that the city cannot pump more water than its existing appropriated rights allow. “We have rights to less than 700,000,000 [gallons],” Squires said, adding the city uses roughly a billion gallons a year and that the new facility would supplement, not entirely replace, water purchased from Wichita. Squires also described testing the test wells and working with KDHE (Kansas Department of Health and Environment) and the Division of Water Resources on permitting and contaminant testing.

Nearby residents reiterated concerns during public comment. Bruce Fitzwater said, “we don’t wanna be left out without an opportunity to have a property value destroyed because we have no water.” Heather Thorson asked about notification, traffic, light pollution and whether runoff or chemicals could reach the river. David Reed and Nick Wires asked whether the new wells would be metered or capped and whether residents would be eligible for municipal service if their domestic wells proved impacted.

Staff responses and project controls noted during the meeting: - State agencies regulate well spacing, appropriation and permitting; the city said it located the new wells to meet Department of Water Resources (DWR) spacing constraints from domestic and appropriated wells. - KDHE reviews water‑quality testing and will permit construction only after contaminant testing; Squires said test pumps and lab sampling were completed before land purchase. - The proposal is limited by the city’s requested special use: staff recommended limiting the public utility to a water treatment facility and affiliated municipal facilities and two municipal wells; staff also recommended preserving existing hedgerows and required platting and site plan review prior to construction. - The sanitary sewer connection is not available at the site; the preliminary plat includes an on‑site sanitary lagoon for restroom flows and a detention/drainage plan addressing floodplain adjacency.

Commissioners asked about operations and visibility. Squires said the treatment plant will be a contained building with green‑sand filters and a reverse‑osmosis (RO) system, not large open settling basins; he estimated two to four employees on site for operations and lab testing. Knaebel said site lighting will be reviewed at site plan stage and that a site lighting plan will be required to limit spillover.

Votes at a glance: - Zone change from R‑1 to M‑1 and special use for public utility (water treatment facility and two municipal wells): motion by Commissioner Voth, second by Commissioner Renberger; recommendation to City Council: 9‑0 in favor. - Preliminary plat for Derby Water Treatment Facility addition (platting of two lots, waiver requests for street extension, sidewalk and certain utility easements): motion by Commissioner Renberger, second by Commissioner Heflin; approved: 9‑0.

Next steps and context: The planning commission’s zoning action was a recommendation; the City Council will consider final rezoning and special‑use approval at a future meeting (staff said letters will be sent to people who signed up for notification). Final plat and site plan review will return to the commission; staff said drainage, floodplain elevations and KDHE/DWR permits must be completed before construction. The commission also agreed to send meeting notices to those who signed up and to make project plans available online for public review.

The Planning Commission met again Oct. 2 and staff said the City will notify interested residents of council hearing dates and subsequent plan review meetings. Residents who want more detail were told they may contact the city planner and Derby staff to review project studies and permitting documents.