CHAPTER TWO LAND USE & ENVIRONMENTAL RESOURCES

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1 CHAPTER TWO LAND USE & ENVIRONMENTAL RESOURCES A basic goal of this comprehensive plan for Ellis County is to develop policies that balance environmental values and reasonable development demands. Relating development policies to environmental characteristics helps strike this balance by permitting appropriate development in a way that conserves the county s most important natural resources and assets. This section examines existing land use characteristics in Ellis County outside of the municipal city limits of Ellis, Hays, Victoria, and Schoenchen and identifies and maps vital environmental assets. The analysis of these resources helps determine policies that will ultimately guide land use review, decisions, and project design.

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3 CHAPTER TWO LAND USE & ENVIRONMENTAL RESOURCES LAND USE Map 2.1: Existing Land Use displays the distribution of existing land uses in the Ellis County planning jurisdiction. Information was collected by a field survey of the county in April of 2011, through aerial photography, and the Kansas Department of Roads survey. AGRICULTURAL AND OPEN LAND Agriculture remains the dominant land use in Ellis County and varies considerably from north to south. The northern most section of the county is characterized by the rugged Smoky Hills that rise up above the fertile Saline River valley. Wheat is the primary crop in the river and stream valleys, but corn and soybeans are also cultivated. The surrounding uplands are predominately ranch land. In the south this rugged terrain gives way to vast plateaus and gently rolling hills. Here, wheat is the primary crop cultivated by farmers. Seasonal rains in spring and early summer nourish wheat crops that are harvested as the hot, dry summers of the high plains take hold in June and July. The soil types and environmental issues related to these areas are discussed in detail later in this chapter. RESIDENTIAL USES Residential development is the second largest land use in terms of area in the county planning jurisdiction. Before 1970, most residential development occurred within the county s incorporated and unincorporated communities. At that time, rural residential development was most prevalent along the Old US Highway 40 corridor, just outside of the Hays municipal limits. By the 1990s rural large-lot housing had become an attractive alternative to the subdivision developments within Hays. These developments tend to be in or near Hays planning jurisdiction and are typically adjacent to active agricultural operations. Residents in these areas rely on county roads, rural water districts, and private septic systems, rather than municipal water and sewer. Developments outside Hays jurisdiction include: Limestone Acres Little Creek Country Estates Northglenn Addition Arapahoe Estates Outside the incorporated communities of Ellis County are a number of smaller, unincorporated settlements. Almost all of these communities were settled by the Volga-Germans in the late 1800s and include Antonino, Catherine, Munjor, Pfeifer, and Walker. The housing stock in these communities is much older and in varying conditions. The affordability of housing and small community atmosphere has sustained populations in these communities over the last thirty years. COMMERCIAL USES Commercial uses in Ellis County comprise a relatively small part of the county s jurisdiction. Most of these uses are oriented around home-based service businesses that operate shops on property that also include a residence. Retail-oriented commercial uses are located within the communities of Hays, Victoria and Ellis. The smaller unincorporated communities also have some commercial operations, with minimal convenience commercial or other service businesses such as repair shops. INDUSTRIAL USES Most industrial uses in Ellis County are located within the communities or adjacent to Interstate 70 interchanges. Industrial development outside developed areas is related to the oil or agriculturally industries. Support services related to the oil industry are scattered throughout the county and outside of agriculture is the primary industry for the county. The majority of the larger well fields are located in the northern por- PAGE 19

4 PAGE 20 MAP 2.1: EXISTING LAND USE

5 ELLIS County Comprehensive KANSAS Plan Green energy development. Over the last five years develoption of the county. This is also where the majority of the support services are located. As the largest oil producing county in the state, the oil wells are a dominate feature on the rural landscape. The wells are regulated by state and federal laws, leaving limited jurisdiction for the county. PUBLIC AND SEMI-PUBLIC USES Public and semi-public uses are those uses that are owned by the local, state, or federal government, or by non-profit organizations like churches or private schools. While Ellis County does not have large recreation developments like state or local parks, a significant amount of land in the county is held in public or non-taxable ownership. The Kansas State Agricultural Research Center, covering 7,345 acres, is the largest public land owner in the county. Almost 85% of KSU s land is located in the City of Hays zoning jurisdiction with the remaining portion located in the more isolated northeast portion of the county. The rural churches and cemeteries account for the remainder of the civic uses in the county s jurisdiction and include: St. John s Church St. Andrew Church Hyacinth Cemetery Seventh Church Buckeye School (closed) Emmeram Cemetery (church walls also remain) Blue Hill School (closed) Turkville School (closed) Norman Cemetery St. Boniface Church (Vincent) Each of the unincorporated communities in the county also have large beautiful limestone churches. Most of these churches were constructed by the county s Volga-German settlers and reflect the early history of the county and have great historic value. DEVELOPMENT TRENDS The new demands from housing to energy raise land use policy questions for Ellis County. Major development trends that Ellis County planning must address include: Non-contiguous subdivision development. Like many stableto-growing counties, Ellis County has experienced increasing demand for rural acreage subdivisions. When these developments are a substantial distance from existing communities, service issues arise. In rural areas, water is typically provided by the Rural Water District and sewage disposal is furnished by private septic systems. Access to and availability of water is a significant issue in the rural areas. Competition for water between residential and agricultural uses could create significant challenges in the future if development is not closely monitored. Providing public services to these developments, including increased road maintenance and public safety, creates additional costs for the county. Growth in smaller communities. Growth within the county occurred mostly in the unincorporated developments that dot the county. Population in the historic developments has remained static over the last several decades, while new developments in the outlying areas have established roads, infrastructure and housing stock that will require future investment. Overall, the housing stock within the county reflects an ethic of reinvestment and pride of ownership. However, deteriorated structures in these areas are within the jurisdiction of the county and continued investment will be an important future issue. PAGE 21

6 ENVIRONMENTAL ATTRIBUTES Ellis County presents a diversity of landscapes. The northern and western portions of the county are characterized by the Smoky Hill landscape. The arid climate and rugged terrain make these areas ideal range land. To the south and east the land is relatively level and more appropriate to crop production. The valleys of the Saline and Smoky Hill rivers edge the county to the north and south while Big Creek slices through the central portion of the county. These valleys provide fertile soil for crop production and the best access to both surface and ground water resources. The following discussion reviews Ellis County s major environmental attributes, and identifies policies. These policies help define the development policy districts proposed by the Future Land Use Plan. They also provide criteria to guide review of development applications with these districts. TOPOGRAPHY Map 2-2: Topography illustrates the change in terrain within the county. The ridgelines of the Smoky Hills run west to east across the county before easing into a flatter terrain in the eastern portion of the county. The rugged Smoky Hills push up from the valleys of the Smoky Hill River, Saline River and Big Creek valleys. These slopes are more susceptible to erosion. Land-altering activities should generally be avoided or developed with careful consideration to drainage and topographic concerns. ment of alternative energy sources has been a divisive issue for the county. While energy is one of the biggest contributors to the county s economy, new approaches create both land use conflicts and economic opportunities. As energy technology continues to evolve, new opportunities will challenge historic development patterns. Water and infrastructure demands. The residents of Ellis County are acutely aware that water is a finite resource. Over the years, droughts and lack of groundwater access have driven many out of business. These challenges faced in Ellis County reflect the broader struggle in the American West to cope with issues of water rights, access, and conservation. Open communication with surrounding counties, and smart water usage, will be essential to ensuring access to quality resources in the future. Policy: Erosion control measures should be implemented to prevent the loss of soil and increases in storm water volume and velocity normally created by development. These measures can mitigate potentially adverse effects on neighboring property. On-site retention or detention devices may be employed to prevent excessive flows. Project grading in general should minimize disturbance of the natural landforms. Development should generally be avoided on steep slopes in excess of 14%. On sites with varying slopes, conservation development techniques should be employed to avoid disturbance of steeply sloped areas by preserving them as common open space. Such development may use smaller lots in exchange for preservation of sloped areas. PAGE 22

7 ELLIS County Comprehensive KANSAS Plan MAP 2.2: TOPOGRAPHY PAGE 23

8 MAP 2.3: FLOODPLAINS FLOODPLAINS Map 2-3: Floodplain displays the location of floodplains within Ellis County. These are areas that will be inundated with water during a storm event that has a 1% probability of occurring within a given year (the so-called 100-year floodplain). Contemporary floodplain regulations require elevation of finished floor levels one foot above the 100-year flood level. The broader valley of Big Creek attracted early settlers to Ellis, Hays, and Munjor but these wider valleys made these PAGE 24

9 ELLIS County Comprehensive KANSAS Plan developments more susceptible to flooding. The Saline and Smoky Hill rivers have narrower floodplains. The valley of the Saline quickly changes to steep hills that were less attractive to early settlers. The Smoky Hill valley is generally narrower than the Saline but the gradual change in elevation coming out of the valley attracted settlers to Schoenchen and Pfiefer. These valleys continue to be very important to residents of the county as they offer some of the few locations in the county where ground water can be reached. Policy: Flood plains should be left as open land, in agricultural or recreational uses. In extremely unusual cases, development may take place within the 100-year floodplain. Any such development should comply with the Ellis County Floodplain regulations and should minimize impact or modification of floodplains. WIND POTENTIAL For centuries wind has been harnessed for the benefit of commerce. By providing access to water, wind was essential in opening much of the Great Plains to European settlement and agricultural production in the 1880s. Wind was also important in bringing power to rural areas in the United States before the development of interstate transmission systems and the Rural Electrification Administration. Wind resources cover much of the United States but the Great Plains has some of the greatest potential for harnessing the wind. Map 2-4: Wind Potential displays the potential for harnessing wind for energy production based on data developed by the National Renewable Energy Laboratory. Wind speeds across Western Kansas are substantially higher than in other states and even Eastern Kansas. However, Kansas is not one of the leading states in terms of installed wind powered generation capacity. A significant hurdle has been the lack of necessary transmission infrastructure, but recent construction of higher voltage lines (see Map 2-4) are beginning to address this issue for Ellis County. Policy: Under current state regulations local governments are exclusively responsible for siting all types of wind energy-generating facilities. That means the local government can regulate them in the same way any other land use can be regulated. Policies with regard to renewable energy production should be based on community input. Common concerns with energy production include socioeconomic impacts, aesthetics, sound, property values, hazard to wildlife, and electromagnetic interference. PAGE 25

10 MAP 2.4: WIND ENERGY POTENTIAL PAGE 26

11 ELLIS County Comprehensive KANSAS Plan MAP 2.5: OIL & GAS WELLS OIL AND GAS WELLS Map 2-5: Oil and Gas Wells identifies locations of existing oil and gas wells within Ellis County. These sites may be in active production, shuttered production facilities, or unsuccessful exploratory wells. Oil and gas production is regulated by the state and federal governments, giving county regulations little, if any, say in the placement of wells. Production in Ellis County has been strong the last several years as a result of higher oil prices. The market could remain strong as new PAGE 27

12 MAP 2.6: ENVIRONMENTAL COMPOSITE PAGE 28

13 ELLIS County Comprehensive KANSAS Plan technologies for oil extraction are being evaluated and may be implemented in Ellis County in the future. Policy: Although the County has no jurisdiction over oil and gas drilling, evaluating the location and geographic density of these currently and formerly productive sites is important. Visualizing the market s impact and potential for future energy extraction helps policy makers in understanding the ancillary land uses and infrastructure. These include siting of support services and road maintenance and upgrades that are necessary to reach more remote locations in the county. ENVIRONMENTAL COMPOSITE Map 2-6 presents a composite map, overlaying all of the environmental attributes described above. The composite along with existing land use patterns can help guide development. These attributes will be combined with residents desires and economic opportunities to define land use policy zones. CONCLUSIONS This analysis of land use and development patterns suggests the following major conclusions and issues: The vast majority of rural residential development has occurred in areas adjacent to the City of Hays and outside of the historic settlements in the eastern and southern portions of the county. Rural residential development and expanding agricultural uses create potential conflicts. Operational issues, such as the application of pesticides, odors, and late operating hours frequently draw complaints from residential neighborhoods, some of whom are used to urban land use regulations. The Land Use Plan should seek methods to minimize land use conflicts. Historic settlements around the county are important centers of civic and social activity that attract individuals and families from the surrounding rural areas. These include the large stately churches in each of these communities that speak to the history and heritage of the county. Preservation of housing stock and historic resources will continue to be important to each of these communities. The changing terrain of Ellis County creates beautiful vistas that are attractive to many residents. At the same time, access to water, economic development opportunities related to renewable and fossil fuel energy, and impacts on the floodplains must all be balanced with residents vision for Ellis County. PAGE 29

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