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7.2 Zone Red Fox Addition CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 09/24/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 ITEM NO. Page 1 DEVELOPMENT SERVICES CITY PLANNING 2 BY: BY: Dean Andrew ITEM: Ordinance No. 07-10417 Application #Z07 -13, filed by C. R. Development, Inc., requesting a change in zoning district classification from RS (Residential Suburban) to R-1 (Single-Family Residential) on a 9.82 acre tract of land located on the south side of East Cloud Street east of Parkwood Drive. BACKGROUND: The plat of the Village of Loretto was approved in 1886. The existing dwellings at 1430 and 1508 East Cloud predate the city's permit records. Development in the Parkwood Village area occurred in the 1970's and 1980's. The portion of the Village of Loretto that is the subject of this application was annexed into the city in 1979 and has remained undeveloped since that time. Nature of Request The applicant has requested rezoning of vacant, RS (Residential Suburban) zoned land to R-1 (Single-Family Residential) for the purpose of developing a subdivision for single-family homes. The zoning request area is bounded by single-family dwellings on the west, Cloud Street and single-family homes on the north, a nonconforming contractor's office on the east and the Old Smoky Hill River channel on the south. The site covers approximately 9.8 acres and includes the rear half of two 675 ft. deep residential lots that are already occupied by dwellings (1430 and 1508 East Cloud). This property is under contract by the applicant. The proposed residential development would be centered around a public street that would extend south of Cloud Street. A total of 27 new residential building lots are proposed, all for single-family home construction. Zoninq Ordinance Requirements If this rezoning request is approved, development of property within this proposed residential subdivision would be subject to the following standards and limitations: 1. Uses allowed - All permitted uses in the R-1 district plus any conditional uses approved by the Planning Commission. 2. Setbacks - Front yard - 25 ft. Side yard - 7.5 ft. Rear yard - 25 ft. 3. Minimum lot width - 60 ft. 4. Minimum lot depth - 100 ft. 5. Minimum lot area - 6,000 sq. ft. 6. Maximum lot coverage - 35% CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 09/24/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 ITEM NO. Page 2 DEVELOPMENT SERVICES CITY PLANNING 2 BY: BY: Dean Andrew Suitabilitv of Site for Development This factor deals with the suitability of the property for development under the existing RS zoning and the extent to which the current zoning inhibits development and use of the property. The subject site is a flat piece of ground that is currently used for agricultural purposes. The natural surface water drainage pattern in this area is predominantly toward the south and southeast to a cutoff river oxbow that separates this property from Holmquist Estates to the south. This property does not drain well and stormwater tends to accumulate on-site in low spots. Also, a portion of this property is shown to be in the mapped 100 year flood plain. This portion abuts the Holmquist Oxbow along the southeast corner of the property. Development of lots in or adjacent to this area would be subject to the City's flood plain regulations unless they are elevated by fill. A large portion of this property is within the area of influence of the City's flood control levee and would be subject to the Corps of Engineers' restriction on excavation (i.e. construction of basements) within 1,000 ft. of the levee. Basement designs within 500 ft. of the dike must be approved by the Corps directly, and those between 500 ft. and 1,000 ft. may be approved by the City Engineer. The applicants have three (3) development options in this area: 1) Construct homes without basements (slab on grade construction), 2) Construct homes with specially designed / reinforced basements or 3) Work with a professional engineer to attempt to persuade the Corps to modify the basement restriction line and/or design standard in this area. This site is contiguous to existing residential development to the west, south and north. It is accessible from a collector street. There is an existing water line in Cloud Street and it appears that sewer service can be extended to serve this site. Together with the fact that most of the proposed subdivision is out of the 100 year flood plain, these characteristics make this site a suitable area for new housing development. The applicants believe that the current RS zoning classification inhibits the development potential of this property. Staff would agree that the physical attributes of this property and the availability of public utilities make it suitable for infill residential development. Character of the Neiqhborhood This factor deals with whether the requested R-1 zoning would be compatible with the zoning and uses of nearby property. This proposed subdivision is located directly east of the Parkwood Village Addition a mixed density residential development containing both multi-family and single-family housing. Across the old river oxbow to the south lies Holmquist Estates which contains estate size lots and homes. To the northwest of this site is the Austin Subdivision. To the northeast is a row of houses facing Cloud Street, including Ted Long's 5.3 acre tract. These houses sit on land that is unplatted and zoned A-1 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 09/24/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 ITEM NO. Page 3 DEVELOPMENT SERVICES CITY PLANNING 2 BY: BY: Dean Andrew (Agricultural). Most of these homes are hooked to septic systems. To the east on the south side of Cloud Street is a nonconforming contractor's office and additional homesites. Construction of single-family homes with full City utilities on this 9.8 acre site would be compatible with the zoning and uses of nearby subdivisions to the west. However, the fragmented, piecemeal development to the north and east is not consistent with good subdivision design or infrastructure planning and is not conducive to neighborhood building. That is one of the reasons why this property has been challenging to develop. Public Utilities and Services This factor deals with whether the proposed rezoning will create traffic congestion, overtax public utilities, cause drainage problems, overload public schools, jeopardize fire or police protection or otherwise detrimentally affect public services and whether the property owner or developer will provide the public improvements necessary to adequately serve the development. 1. Water Supply and Fire Protection - There is an existing 6" line in Cloud Street that can be tied into and extended to serve this area. Existing water volume and pressure in this dead end line is not adequate to meet the projected fire flow needs of single-family development (1,000 gpm) without some form of looped connection. 2. Sanitary Sewer - There is a 24" sanitary sewer trunk line running north-south located about 400 ft. west of this property. This trunk line has excess capacity as sewer flows it formerly received from south of Magnolia Road were diverted into the new Eastern Bypass Interceptor that runs to the east along Magnolia Road. It is a question of slope and distance but it appears to be physically feasible to connect this subdivision to that trunk line. 3. Storm Drainage - The City's stormwater management regulations require the developers to design a stormwater drainage system to detain the additional runoff caused by development of the site (the difference between existing and developed conditions) unless there is a nearby receiving channel that is capable of handling the runoff. The applicants' general drainage concept is to have the lots drain to the streets and the streets would be graded to drain to the old river oxbow that runs along the south side of the property with runoff being stored in the north leg of the oxbow before being released to flow through the dike. 4. Fire Protection - Fire response from Station #2, located about a 1 % mile away at Santa Fe and Minneapolis is under the 5 minute standard. 5. Police Protection - Provided by the Salina Police Department once streets are built and open to traffic. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 09/24/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 DEVELOPMENT SERVICES ITEM CITY PLANNING NO. 2 BY: Page 4 BY: Dean Andrew 6. Schools - Students in this proposed development would attend the following schools: Stewart School- Grades 1-6 (1 mile away); South Middle School- Grades 7-8; Salina South High School- Grades 9-12. U.S.D. #305 has not indicated to City staff that this development will create any crowding problems at the above mentioned schools although Stewart School is currently at or near capacity. 7. Streets & Traffic - Cloud Street is not built to City street standards but is paved and is in reasonably good condition. Staff believes the 27 building lots proposed in this subdivision can be safely and efficiently served by the access point proposed on the applicant's plat. 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 whether an amendment could be reasonably justified. 1. Land Use Map - The City's Land Use Plan shows this area as being appropriate for low-density residential development and in a Primary Service Area for city utilities and services. The residential density of this development (27 units on 9.82 acres) computes to 2.75 units per acre which is substantially less than the low density residential classification of 4.0 units per acre. 2. Land Use Plan - A summary of the city's residential development policies is attached. 3. Transportation Plan - The city's Transportation Plan makes no specific recommendations regarding Cloud Street east of Ohio. Previous recommendations for a Cloud Street bridge over the Smoky Hill River were deleted from the 1992 plan. Planninq Commission Recommendation The Planning Commission conducted a public hearing on this application on September 4, 2007. Following presentation of the staff report, comments from the applicant's representative and a neighboring property owner and comments and questions from, Commissioner's, the Planning Commission voted 8-0 to recommend approval of the applicants rezoning request subject to satisfactory platting of the property. The Planning Commission offered the following reasons in support of its recommendation: 1. The location and physical attributes of this property and the availability of public utilities make it suitable for infill residential development; 2. The subject site is a logical extension of the existing residential development pattern east of Ohio Street and the requested R-1 zoning would be compatible with the zoning CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 09/24/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 ITEM NO. 2 Page 5 and land use of nearby properties; DEVELOPMENT SERVICES CITY PLANNING BY: BY: Dean Andrew 3. Need public utilities exist or can be readily extended to serve the entire 9.82 acres; and 4. The requested zoning change would be consistent with the city's Comprehensive Plan which calls for future residential development in this area. COMMISSION ACTION: If the City Commission concurs with the recommendation of the Planning Commission the attached ordinance should be approved on 151 reading. The protest period on this application expired on September 18, 2007 and no protest petition was received. If this request is approved, second reading would be held in abeyance until a final plat of the property is approved. If the City Commission disagrees with the recommendation of the Planning Commission, it may return this item to the Planning Commission together with the reason for the disagreement with three (3) affirmative votes or it may overturn the recommendation of the Planning Commission and deny this request provided there are four (4) votes in support of such action. Enclosures: Application Vicinity Map Preliminary plat layout Excerpt of PC Minutes 09/04/07 Ordinance No. 07-10417 Cc: Craig Piercy Roger Bhakta Ctyof ~ Salina Publication Date Application Z07-13 AUQust9,2007 No. Hearing Date Date Filed September 4,2007 August 3,2007 Vicinity Map Attached Filing Fee KG $270.00 Ownership Certificate Receipt No. L1<-/lo2>2 <a.u .8blol KG F !6.iF-- - ~-"'-:-I 8 ;~1l~~I""~:<'"f~...f.;? ,~ ? ~~~:~..~t;/ ,\: ~ '~'f.}..0K~~~..f'~~~-:\' ',' ~~\i~~:::l~l.). ~ APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP 1. Applicant's Name CR. Development, Inc. (Craig Piercy / Roger Bhakta) 2. Applicant's Address P.O. Box 3173, Salina, KS 67402-3173 3. Telephone (daytime) 785-577-1189 E-mail 4. Owner's Address Same as above 5. Legal Description of Property to be rezoned (attach additional sheet if necessary) See attached preliminary plat ~~ -- iIOi=ri 6. Approximate Street Address 1300 Block E. Cloud Street 7. Area of Property (sq. ft. and/or acres) 8. Present Zoning R-S Use Vacant Land 9. Requested Zoning R-1 Use SinQle-Family Residential 10. Are there any covenants of record which prohibit the proposed development? YES 0 (attach copy) NO III 11. List reasons for this request (attach additional sheets if necessary): Development of this into single-family residential lots -..--..-.-,-...- - ---,,-- ---.--- -- -.-.-.... --- -- .-...- ....---.. - - - - ..-. - - - - - ....-- ...,__o___j - ~ ~ 12. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): ,.,__,..._...... ",._, .....___ ___ _. __ ."...._ _____ _....._... . _ _._...,___.. ._._..... _. .n__..____,_ .. .__...__n _n." ... _._ .._ ." ....-- - - 13. Explain how off-street parking will be provided for this requested use: Individual driveways 14. List exhibits or plans submitted: (,\}~f~~.;4'-tj; 8 Wi..} ~-s; T~ :J-it~ ~ !i~~@$':~~ W ~ t-p~ ~r ~ ,.il, ;fI..'<'!~~~ .;j.YYI.t~ :~o;:. ~ -; .~~}-:i~-";";- ~ _~k\J:;----.:~ !~_~:~~ Owner(s) Signature 1.:.'1'; -~ Date: <g b J:JI ~ - Date: If the applicant is to be represented by legal counselor an authorized agent, please complete the following in order that correspondence and communications pertaining to this application may be forwarded to the authorized individual. Name of representative: Complete Mailing Address, including zip code Telephone (Business): E-mail address: PLF - 051, Application Amendment to District Zoning Map, Rev. 10-2005 I- I I---lI III r--- RICKY CR Application #Z07 -13 Filed by C.R. Development I I R-2.5 0::: o iri ~ Z I- I---- CLAFLIN AV ~ - 19- 0::: u = -IM- -~ ~- f----- (f) - 0::: :J -u - <( Z f------ i= (f) :J <( f--- - A-1 A-1 R-1 ~~ques1 Area r / 1/ - ,.., """'~~'" / , I .-0 I , ) ,- .', ,~;. ';,-,;, i /~':,~:~}~~'_r4~; . _ ~,.~' _ .Jt_1 ^ L;;:r .~:'. 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Vl C '" Vl",o. -0 )( .. :QJQ, ~t'~V ..,Ju,,^ poo-..n.,f 1",lrppJ :IO!.p',v 1'FY~~W C~"1""l "'..... .-.cJ,.....'....f1.1 ..,..,- -......, ,""",. lTV......,......., '~')...r "'- MII{J""''''''fDlI ..O.....".nMf :Pie..,.., .__"" ---- Ie ~""-::I "'...... -- -- -......... .-.- .s::. '" .~ ~ .....z U:>~ 0- o " -"" " 0 E .~ ~ ~ -">:0 .. .. '" ",0 _0.. '" ~ ",.!'i ciii ~.g'~ Excerpt of Minutes from September 4, 2007 PC Meeting: Item #3. Application #Z07-13, filed by C.R. Development, Inc., requesting a change in zoning district classification from RS (Residential Suburban) to R-1 (Single-Family Residential) on a 9.82 acre tract of land located on the south side of East Cloud Street east of Parkwood Drive. Mr. Andrew presented the staff report with visual graphics which is contained in the case file. Mrs. Yarnevich asked in Option B on the water line it says that the easement was not wide enough for the water line, what would they do about that? Mr. Andrew stated if the space is entirely open we can get by with that. But what often occurs is that if a house is set back 7 % ft. from the side property line there is no way to get 10ft. there to get a full 20 ft. If there is space on the other side that is a possibility but generally in residential areas there is 15 ft. between the two houses and if you need 20 ft. to get clearance for equipment and all for utilities then 15 ft. is just not going to work. We might need additional information. This is the spot right here where they were talking about coming through and it would depend on how closely these are together whether in fact you could get the 20 ft. there. But that's the location there where they were talking about looping. The other option is just to bring a line down and tie it right here into the line in Red Fox Lane. Mrs. Yarnevich asked that was Option C? Mr. Andrew stated that was Option C. Mrs. Yarnevich asked are there any other questions of Dean or the staff? Would the applicant or representative care to address the Commission? Please state your name and address. Greg Adams, Campbell & Johnson Engineers, 113 W. ih Street, Concordia, Kansas, stated we're working with the applicants and speaking on their behalf. Again, we appreciate the time the staff has put into this and it has been a challenging piece and we think we have some options that we can work through and are pretty excited about getting it developed and getting some houses built on it. Like Dean said, we are working through some options. We're talking with the Homeowner's Association of Parkwood Village this month about the possibility of acquiring an easement for that water line loop. It will be developing but as the recommendations state it will all be cleared up before the final plat. We will get all the engineering decisions made and make sure they fit within their right-of-ways and the easements. But we think it can work. Mrs. Soderberg asked what will be the range of values of homes? Mr. Adams stated I think some of that might have to be referred to the applicants. That may depend on the design for the basements, whether they go slab on grade or if they can put basements under it. That is still under investigation. Last I heard I thought that if they go slab on grade it will be around $150,000 and maybe up from there. If they do basements it will be more than that. Mrs. Soderberg asked is there a plan to have some kind of covenants or design requirements? Mr. Adams stated they don't plan on having a homeowner's association but Mr. Piercy is a builder and they are going to be heavily involved in the design of the houses. I don't know if there will be full architectural control but they will have say on what types of houses get built in there. Mrs. Soderberg asked do they plan to have a combination of spec homes, how are they going to develop this? Mr. Adams stated I think that is the idea is to build a few of them themselves and sell lots as well. Thank you. Mrs. Yarnevich asked is there anyone in the public who would like to address the Commission on this application? Shirley Drawbaugh, 1833 Parkwood, stated I am rather interested in where you are going to run that 20 ft. easement for the water. Because the way you are talking it sounds like it is going to go right by my house. Let me show you. (Mr. Andrew and Shirley walked up to screen to look at map) Could you tell me about how big these lots are going to be for these 27 houses? Mr. Adams asked width wise or square footage? Mrs. Drawbaugh asked the lot size, 200 ft. x 50 ft.? Mr. Adams stated probably in the neighborhood of 120 ft. x 80 ft. Mrs. Drawbaugh stated I am very interested in this because I have been very pleased with where I have been living and everyone I seems to keep their property up. This piece here is going right behind my house and I'm just wondering how many houses will be put in that area? Mr. Andrew stated as I read this, this would be your lot here and this is the plan for the lot directly behind it (stepped away from microphone up to map). Looks like there would be two lots behind you. What their thought is I believe is that the easement width is pretty well fixed on your side of the line because of how close your house is to the property line. So if they are able to get the space it is going to come from the common area for the town home portion and there is an easement on the side of your lot and it is not wide enough so they will have to get permission from the homeowner's association in the town home area to the south to make that wide enough to be feasible. Unless you say so they won't be able to encroach any more on your property. Mrs. Drawbaugh stated thank you. Mrs. Yarnevich asked is there anyone else who would care to speak to the Commission on this matter. Seeing none I will bring it back to the Commission for discussion and action. MOTION: Mr. Funk stated it seems like a good idea to fill in some of these vacant properties around the city before we go out and do fresh, virgin agricultural land. I move we approve Application #Z07-13 to change the zoning in this district from RS (Residential Suburban) to R-1 (Single-Family Residential). SECOND: Mr. Householter. Mrs. Yarnevich asked that would be subject to satisfactory platting? Mr. Funk stated yes. Mrs. Yarnevich stated it has been moved and seconded that we approve Application #Z07-13. Any further questions or comments? Seeing none we are ready for a vote. All those in favor say "aye", opposed same sign. VOTE: Motion carried 8-0.