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
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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
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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
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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
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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):
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13. Explain how off-street parking will be provided for this requested use: Individual driveways
14. List exhibits or plans submitted:
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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
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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.