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7.2 Zone Grounds of Kansas WesleyanCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/19/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES CITY PLANNING ITEM NO. 2, 2a BY: BY: Dean Andrew Page 1 ITEM:Ordinance No. 07-10379 Application #Z07-3, filed by Mike Grabner, requesting a change in zoni ng district classification from C-3 (Shopping Center) district to C-5 (Service Commercial) district to allow a vacant gas station to be th converted to an automotive dealership. The subject property is located at the northeast corner of 9 Street and Claflin Avenue and is legally described as Lot 68 and the West one hundred and ten (110’) feet of Lots 70 and 72, Grounds of K ansas Wesleyan University, an Addition to the City of Salina, Saline County, Kansas. BACKGROUND: The subject property is part of the Grounds of Kans as Wesleyan University subdivision which dates th back to 1886. When the current Sinclair Service Station was constructed at the northeast corner of 9 and Claflin in 1954, the property was zoned “D” (Local Business District). In 1977, the City of Salina implemented a comprehensive rezoning plan and redesignated this property from “D” (Local Business District) to C-3 (Shopping Center) district. Since 1977, this property has remained a Sinclair Service Station and has retained the C-3 zoning classification throughout that time period. Nature of Current Request Kansas Wesleyan University recently purchased this property and is looking to lease it to the applicant for the operation of an automobile sales business (Fast Lane Auto Sports). The applicant’s business th has previously been located at 9 and Crawford, then Broadway and Crawford and now he is seeking a new location. Currently automobile sales are not a permitted use under the C-3 (Shopping Center) district zoning classification. As a result the applicant has filed this application to change the zoning classification of the property from C-3 to C-5 (Ser vice Commercial) district in order to operate his th automobile sales business from this location. The subject property has 120 ft. of frontage on 9 Street 110 ft. of frontage on Claflin and is currently unoccupied. The applicant has indicated that no major structural changes are planned for this site. It has not been an active service station for over a year. Intent and Purpose of C-3 District The C-3 district is designed to provide a district of no less t han one (1) acre for a relatively broad range of retail shopping facilities which primarily consist of specialty shops and stores. Intent and Purpose of C-5 District The C-5 district is designed for those business and commercial uses which draw their customers from motorists on the highway, or for whom a location on a highway or arterial street is especially useful or necessary. Although some of the typical retail uses are permitted in other commercial districts, most of these permitted this district would not blend well into prime retail area. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/19/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES CITY PLANNING ITEM NO. 2, 2a BY: BY: Dean Andrew Page 2 Suitability of the Site for Development or Redevelopment Under Existing Zoning This factor deals with the suitability of the property for development under the existing C-3 zoning and also whether the current zoning has inhibited development or r edevelopment of the property. Currently, the zoning of this property does not allow automobile sales as a permitted use. The subject site consists of one platted lot and a portion of two other platted lots creating a 14,800 square foot lot. Currently there is a building located near the cent er of the property with concrete th paving to the west and south of the bu ilding fronting the two streets South 9 and Claflin. The applicant is proposing to use this building as the office area for his automobile sales while the paved th area between the building and South 9 and Claflin will be a llocated to vehicle display area. In addition there still remains the remnant of old gas pump isl ands even though the gas pumps themselves have been removed.The underground tanks on the site were removed just prior to the Planning Commission hearing. Staff feels there is sufficient r oom to display some vehicles an d still provide maneuverable access aisles to the south and west of the existing build ing. All vehicle display areas associated with automobile sales must be paved according to the City of Salina design specific ations so the gravel areas could not be used for vehicle display. Character of the Neighborhood This factor deals with whether the requested C-5 zoning would be co mpatible with the zoning and uses of nearby property. th This portion of the South 9 corridor contains a mix of C-3 and C-5 zoning districts with the th predominant zoning being C-3.Directly behind the commercial zoning districts fronting South 9 are residentially zoned areas. The commercial zoning is deeper on the west side (245 ft.) than the east side (190 ft.). The west side is primarily zoned C-3 from Kirwin Avenue south to Cloud Street. The th only exceptions to this are the former TSC store site at the northwest corner of 9 and Claflin across the street and west of this r equest area and Mid-Kansas Tools where PC-5 zoning was approved to allow outdoor display of mowers. These properties were zoned C-5 because C-5 zoning is required to th have outdoor display. On the east side, all of the properties fronting South 9 are zoned C-3. In staff’s view it is not a good zoning practice to approve zoning changes that would create an isolated district unrelated to adjacent districts. This is commonly referr ed to as spot zoning. Therefore, th because this request, if granted, would be the first C-5 zoning in this area on the east side of South 9 Street, staff believes that this requested zoning change should be ev aluated in terms of its future effect on the entire Claflin-Cloud corridor and not just this particular site. The C-3 district is designed to accommodate businesses that serve the entire city or region. The C-3 zoning district generally allows such retail uses as auto parts stores, di scount stores and grocery CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/19/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES CITY PLANNING ITEM NO. 2, 2a BY: BY: Dean Andrew Page 3 stores. It also allows fast food restaurants with drive thru such as Wendy’s. The C-5 zoning district is similar to the C-3 zoning district in that it also serves the entire city and allows various retail uses, but is intended primarily to serve more intense retail services oriented to motorist and highway businesses. In addition to the uses allowed in C-3 zoning districts, C-5 zoning allows such uses as boat sales, car washes, recreational vehicle rental, truck sales and automobile sales. It is staff’s observation that some of the city’s greatest land use compatibility conflicts have occurred where C-5 zoning abuts directly against residential zoning and uses. The primary difference between C-5 zoning and C-3 zoning, along with it’s highway business orientation, is that C-5 allows a number of uses that involve outdoor display and storage such as used car sales, equipment sales and rental and contractor’s storage yards. C-3 is designed to accommodate only retail shopping facilities and requires all storage and display of goods to be within an enclosed building. C-3 also allows less lot coverage (40% vs. 50%) and restrict s the amount of paving coverage in the front yard to 60% vs. 100% in C-5. Consequently C-3 zoned corridors tend to have a different streetscape appearance than C-5 zoned corridors. While the use proposed by the applicant is similar in character to some of the existing commercial uses in the area and would not necessarily be incompatible with the uses of nearby property, a change from C-3 to straight C-5 zoning could establish a precedent which would create an opportunity and justification for additional requests for C-5 zoning that could permanently change the character of this corridor. Given the proximity to Kansas We sleyan University and nearby residential uses, this could be detrimental to the character of this neighborhood in the future. The question for the City Commission is whether C-5 zoning is needed or justified in this case and whether it would be compatible with the zoning and uses of nearby property. Public Utilities and Services This factor deals with whether the proposed rezoni ng will overtax public ut ilities, cause drainage problems, jeopardize fire or police protection or otherwise detrimentally affect public services and whether the property owner or developer will provi de the public improvements necessary to adequately serve the development. 1. Sanitary Sewer – 8 inch line in the rear (east of the property) alley which is adequate in capacity. th 2. Water – 6 inch line in 9 Street which is adequate in capacity. th 3. Storm Water – This property drains to the south toward the 9 and Claflin intersection. There is an 18 inch storm sewer in Claflin that drains to the west toward Dry Creek. This area is subject to periodic street flooding and the proposed zoning could aggravate the situation somewhat as C-5 allows more site coverage (50% vs. 40%) than C-3. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/19/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES CITY PLANNING ITEM NO. 2, 2a BY: BY: Dean Andrew Page 4 Adequate water sanitary sewer, gas and electrical lines ar e in place to serve this property. No physical changes to the property are being proposed by the applicant, so a change in zoning classification would not result in any additional burden on public facilities and service. Street and Traffic th Primary access to this site is from 9 Street which is classified as an arterial street. Trips in and out of the site as a used car lot will probably be infr equent. The requested zo ning change should not generate any more traffic than would occur if developed with C-3 uses. Conformance with Comprehensive Plan This factor deals with whether the proposed rezoning would be contrary to the goals, objectives and policies of the plan and whether the proposed rezoning would require an amendment to the plan and whether an amendment could be reasonably justified. The future land use map in the city’s Comprehensive Plan shows this section of South 9th as being appropriate for commercial and retail development. Rezoning this property from C-3 to C-5 would be consistent with that designation, but C-3 is the predominant zoning designation in this portion of the South 9th commercial corridor. Because of the current make up of this corridor this may not be a suitable location for some of the high traffic generation uses C-5 would allow. Planning Commission Recommendation The Planning Commission conducted a public hearing on this zoning application at their March 6, 2007 meeting. Following present ation of the staff report, co mments from the applicant and consideration of the alternativ es presented by staff, the Pl anning Commission voted 7-0 to recommend approval of PC-5 zoning for this site subject to the following conditions: 1. Permitted uses on the property shall be limited to automobile display and sales plus other uses permitted in the C-3 district. 2. Development on the property, including signage, shall be subject to C-3 bulk regulations and development limitations. 3. The grassy area located east of the building shall not be used for storage or display of vehicles, vehicle parts or other components not allowed in the C-3 district. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/19/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES CITY PLANNING ITEM NO. 2, 2a BY: BY: Dean Andrew Page 5 COMMISSION ACTION : If The City Commission concurs with the recommendation of the Planning Commission the attached st ordinance should be approved on 1 reading. The protest period on this application expires on March 20, 2007. No protest petition has been received to date. Second reading of the ordinance changing the zoning classification of this property is currently scheduled for March 26, 2007. If the City Commission disagrees wit h the recommendation of the Pla nning Commission, it may; 1) overturn the Planning Commission and deny this request provided there are four (4) votes in support of such action; or 2) return the application to the Planning Commission for reconsideration citing the basis of its disagreement with the recommendation. Enclosures: Application Vicinity Map Site Plan Excerpt of PC Minutes 03/16/07 Ordinance No. 07-10379 Cc: Mike Grabner Wayne Schneider