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7.1 Zone Replat of Faith AdditionCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/24/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 1 BY: Page 1 BY: Dean Andrew ITEM:Ordinance No. 07-10416 Application #Z07-16, filed by Fred and Jackie Bailey, requesting a change in zoning district classification from C-1 (Restricted Business) district to C-2 (Neighborhood Shopping) district to allow a former dental office to be converted to a beauty shop. The subject property is described as Lot 1, Block 5 of the Replat of Faith Addition to the City of Salina, Saline County, Kansas and addressed as 723 S. Ohio Street. BACKGROUND: The property that is the subject of this application is part of the Replat of Faith Addition which dates back to 1961. The existing building was originally constructed as a duplex at the southeast corner of Faith Drive and Ohio Street in 1962. Two (2) off-street parking spaces were required to serve the duplex. When the duplex was constructed the property was zoned “B” (Two-Family Dwelling House) district. After the duplex was completed the pr operty was rezoned from “B” (Two-Family Dwelling House) district to “DD” (Office) district. Dr. Frank Ferson bo ught the property and converted the duplex into a dentist office without obtaining any building permits meaning there was no review of off- street parking or other items associ ated with a conversion of a buildi ng and site from residential to commercial use. This property has remained a dental office since that time. In 1977, the City of Salina implemented a comprehensive rezoning plan and this property was designated C-1 (Restricted Business) district reflecting its use as a dental office. Dr. Frank Ferson owned the property until June 21, 2006, when he sold the pr operty to Dr. Randall Jasperson. A little over a year after buying the property, Dr. Jasperson sold the property to Fred and Jackie Bailey on July 12, 2007. The Bailey’s purchased the property with the thought of converting it from an office into a beauty shop. Although Mrs. Bailey states that the realtor that sold her the building told her it was properly zoned for a beauty shop, beauty shops are not a permitted use in the C-1 (Restricted Business) district.After staff informed the Baileys that the property was not zoned for a beauty shop, this application was filed to change the zoning classification of the property from C-1 (Restricted Business) to C-2 (Neighborhood Shopping) district in order to allow such a conversion to take place. Nature of Current Request The purchasers of this property Fred and Jackie Bailey are proposing to lease it to Toyia Bailey for the operation of a beauty shop. Sta ff discussed the option of apply ing for Planned C-2 zoning with a narrow focus (beauty shops) which w ould allow the Planning Commission to consider this rezoning request in accordance with a specific plan for the property. However, the applicants chose to apply for C-2 zoning which means that staff and the Planning Commission had to review their request from the perspective that any C-2 use could locate or build there if their request were approved. The subject property has 127 ft. of frontage on Oh io Street and 85 ft. of frontage on Faith Drive and is currently unoccupied. The applicant has indicated that no major structural changes are planned for this site. It has not been an active dentist office for over a year. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/24/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 1 BY: Page 2 BY: Dean Andrew Intent and Purpose of C-1 District The C-1 district is designed to provide for a restricted commercia l alternative to multi-family development adjacent to arterial streets and highways, and at the same time avoid typical strip commercial development. To achieve this end, a very limited number of nonretail businesses are permitted. Intent and Purpose of C-2 District The C-2 district is designed to permit areas of convenience shopping facilities of no less than one 91) acre so located to serve one (1) or more residential neighborhoods. 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-1 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 beauty shops as a permitted use. The subject site consists of one platted lot with a 10,795 square foot area. Currently there is a building located near the center of the property with concrete paving to the east, north and south of the building fronting the two streets Ohio and Faith Drive. The applicants’ tenant is proposing to use this building as the operating area for her beauty shop while the paved area to the south, east, and north will be allocated to vehicle parking. However, under straight C-2 zoning this property could be used for any use permitted use in the C-2 district and would not be limited to just beauty shop use. Staff feels this site has very limited space for parking while still providing maneuverable access aisles. Because of the tightness of the site, lack of useable space for parking and the restrictions on left turns at Faith and Ohio, staff feels that the site is more suitable for small office use than retail or service businesses. Character of the Neighborhood This factor deals with whether the requested C-2 zoning would be compatible with the zoning and uses of nearby property. This portion of the South Ohio corridor contains a mix of R-1, R-2, C-1, and C-5 zoning districts with the predominant zoning being C-5 to the north at the Crawford and Oh io intersection and R-1 to the south of the subject property. The C-5 zoning on t he west side of Ohio ex tends south the Crawford about 280 ft. while the C-5 zoning on the east side extends about 220 ft. south of Crawford. With the exception of the first 280 ft. south of Crawford, the west side is primarily zoned R-1. On the east side, all of the properties fronting South Ohio south of the subject property are zoned R-1. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/24/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 1 BY: Page 3 BY: Dean Andrew 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, because this request, if granted, woul d be the first C-2 zoning in this area, staff believes that this requested zoning change should be evaluated in terms of its future effect on the entire Ohio corridor and not just this particular site. However, C-2 zoning would still serve as a transition from C-5 to R-1 just as the C-1 does today. The C-1 zoning district is designed to provide for restricted commercial alternatives by offering a very limited number of nonretail businesses. The C-1 zoning district is intended to allow office buildings and medical and clinics. Although beauty shops are allowed in the C-1 district, they are only allowed inside buildings like the Mowery Clinic, provided that they can be entered only from an interior lobby or hallway and there is no advertising or display visible from the exterior of the structure. Since this existing building on the subject property is not a large clinic with multiple interior uses, the applicant’s proposed beauty shop is not allowed under the current C-1 zoning.The C-2 zoning district is similar to the C-1 zoning district in that it also is very limited in the allowed uses, but is intended primarily to provide neighborhood retail and services oriented to residential neighbor hoods. The C-2 district is designed to accommodate businesses that serve one or more residential neighborhoods. In addition to the uses allowed in C-1 zoning districts, C-2 zoning allows such uses as apparel shops, bicycle shops, dry cleaners, florists, tailor shops, antique shops, banks, beauty shops, business offices, food stores and medical clinics. The primary difference between C-2 zoning and C-1 zoning is that C-2 allows a number of uses that involve retail sales and services that generate more traffic and require larger sites than C-1 zoning. C- 1 is designed to accommodate primarily office uses along with medical facilities and their internal accessory uses such as beauty shops, gift shops, news stands, pharmacies, a nd restaurants. C-1 also allows less lot coverage (30% vs. 35%) and rest ricts the structure height 30 ft. vs. 50 ft. in C-2. Consequently C-1 zoned corridors tend to have a different streetscape appearance than C-2 zoned corridors, with smaller lots and buildings and less parking. 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-1 to straight C-2 zoning would open the door for any of the uses permitted in the C-2 zoning district, not just the beauty shop requested by the applicant. In staff’s opinion, this site would not be suitable for many of the uses permitted in the C-2 zoning district. Planned C-2 with a limitation on uses would be a preferable alternative. The question the Planning Commi ssion considered was whether strai ght C-2 zoning is needed or justified in this case and whether it would be compatible with the zoning and uses of nearby property. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/24/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 1 BY: Page 4 BY: Dean Andrew Public Utilities and Services This factor deals with whether the proposed rezoni ng will overtax public utilit ies, 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. Water – 6 inch line in Faith Drive and a 20 inch line under Ohio Street which are adequate in capacity. 2. Sanitary Sewer – 8 inch line to the south of the property which is adequate in capacity. 3. Storm Water – This property drains to the west toward Ohio Street and north toward Faith Drive were water is collected into catch basins located at the Ohio and Faith intersection. There is an 36 inch storm sewer in Ohio Street that carries runoff the old Smoky Hill River channel. Adequate water sanitary sewer, gas and electrical lines are in plac e 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 Site access for this property is limited. The primar y access to this site is from Ohio Street with the secondary access being Faith Drive. Oh io Street is classified as an ar terial street. Because of the proximity to the Crawford and Ohio intersection, the Ohio and Faith intersection is limited by the center road median that runs down the mi ddle of Ohio. This creates a ri ght-in, right-out only access when traveling from Ohio to Faith Drive. In addition, the site has a ve ry restricted parking along with a narrow one-way driving aisle. This combined with the limited intersection of Faith and Ohio makes traffic circulation difficult. Staff feels that many of the uses allowed in t he C-2 zoning district woul d generate increased traffic that would exceed the functional use of this site. 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 Ohio as being appropriate for commercial retail development and offices. More specifically, the land use recommended by the Comprehensive Plan for this particular location is office use. Rezoning this CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/24/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 1 BY: Page 5 BY: Dean Andrew property from C-1 to C-2 would be inconsistent with this land use designation, even though C-5 is the predominant zoning designation in the South Ohio commercial corridor north of Faith Drive. Because of the current traffic circulation limitations, this site may not be a suitable location for some of the high traffic generation uses C-2 would allow. Planning Commission Recommendation Planning staff is unable to support the applicants’ request for straight C-2 zoning because in staff’s opinion the site is not well suited for many of the uses permitted in the C-2 district. As staff indicated to the applicants at the time their application was filed, we are not that concerned about conversion of the property to a small beauty shop but are more concerned with opening the door to unrestricted C-2 zoning and the potential for attracting additional incompatible uses to the site with greater parking needs. This is best accomplished by applying for a limited, Planned C-2 district instead of straight C-2 zoning. The Planning Commission conducted a public hearing on this request on September 18, 2007. No one appeared to speak at the heari ng except for the applicants and t heir architect. The Planning Commission concurred with the staff recommendation and voted 9-0 to direct the applicants to amend their application to Planned C-2 which requires an approved site plan and allows the City Commission to delete potentially incompatible uses. The Commission recommended the following conditions of approval: 1. Permitted uses on the property shall be limited to beauty shops plus other uses permitted in the C-1 district. 2. Development on the property, including signage, shall be subject to C-1 bulk regulations and development limitations. 3. A final site development plan shall be reviewed and approved by staff prior to issuance of a building permit. 4. The number of styling chairs allowed in th e beauty shop shall be limited based on the number of legal parking spaces available on the site. COMMISSION ACTION: If the City Commission concurs wit h the recommendation of the Pl anning Commission the attached st ordinance should be approved on 1 reading. The protest period on this application does not expire until October 2, 2007 but based on feedback received to date it does not appear likely that any protest petition will be received. If this request is approve, second reading would take place at the October 1 meeting. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 09/24/2007 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 AGENDA: DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 1 BY: Page 6 BY: Dean Andrew If the City Commission disagrees with the recommendation of the Planning Commission, it may return this item to the Planning Commi ssion together with the reason for t he disagreement with three (3) affirmative votes or it may ov erturn the recommendation of t he Planning Commission and deny this request provided there are four (4) votes in support of such action. Enclosures: Application Excerpt of PC Minutes 09/18/07 Ordinance No. 07-10416 Vicinity Map Aerial Photo Cc: Fred & Jackie Bailey Christie Carl C-1 Application#Z07-16 R-3 Filed by Jackie Bailey R-1 C-5 C-5 R-2 Request Area R-3 C-5 C-5 ° C-1 R-2 R-2 R R-1 R-1 NORTH ELM STATE IRON SOUTH GREELEY EDISON CRAWFORD REPUBLIC CLAFLIN 1 Inch=200 Feet ALBERT Application#Z07-16 Filed by Jackie Bailey Request Area ° NORTH ELM STATE IRON SOUTH GREELEY EDISON CRAWFORD REPUBLIC CLAFLIN 1 Inch=200 Feet ALBERT