7.1 Zone Jones Addition
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/10/2007
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
ITEM
NO.
Page 1
DEVELOPMENT SERVICES
CITY PLANNING
BY:
BY: Dean Andrew
ITEM: Ordinance No. 07-10426
Application #Z07-21, filed by Salina Habitat for Humanity, Inc., requesting a change in zoning district
classification from 1-2 (Light Industrial) to R-2 (Multi-Family Residential). The subject property is
legally described as Lots 92, 94, 96 and 98 on Fifth Street in the Jones Addition to the City of Salina,
Saline County, Kansas and addressed as 646 N. Fifth Street.
BACKGROUND:
In 1960, a restaurant building was moved on to the site at the southeast corner of N. 5th Street and
Forest Avenue. In the early 1970's it was taken over by Bennie Benton and operated as Benton's
Cafe which was more of a nightclub than a cafe. It shut down in the early 1990's. In 1996, the
building was purchased by Salina Habitat for Humanity and has been used as a warehouse for
building supplies.
Nature of Current Request
The request area consists of four (4) 25 ft. x 120 ft. platted lots that run west to east and face N. 5th
Street. Habitat for Humanity has demolished the former Benton's Cafe building and is proposing to
convert the site to two 60 ft. x 100 ft. residential building sites that would run north-south. The subject
property is currently zoned 1-2 (Light Industrial) and the 1-2 district does not permit residential housing
units except for a night watchman's quarters on the premises of a business. Therefore, Salina Habitat
for Humanity has filed this application to rezone the property from 1-2 to R-2, the prevailing residential
zoning classification in the vicinity of this site.
Habitat for Humanity does not need R-2 zoning to construct single-family dwellings but the prevailing
residential zoning in the surrounding area is R-2 due to the narrower, smaller lots and the density
pattern in this part of the city.
Suitabilitv of the Site for Development Under Existinq Zoninq
This factor deals with the suitability of the property for development or redevelopment under the
existing 1-2 zoning and also whether the current zoning has inhibited development of the property.
The subject property is at the fringe of a residential area that extends from Forest Avenue north to
Pacific Avenue and from 5th Street east to Front Street. There has been a scattering of new dwellings
constructed in this area in the last 10 years, including modular homes, and about an equal number of
existing homes demolished. Grand and Forest serve as a transition line between residential uses to
the north and industrial uses bordering the UP railroad tracks. The former Benton's Cafe site is
adequate in size (100' x 120') to accommodate either commercial or residential redevelopment.
The question for the City Commission is whether the property requested for rezoning is more suitable
for continued commercial! industrial use or residential development.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/10/2007
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
ITEM
NO. 1
Page 2
Character of the Neiqhborhood
DEVELOPMENT SERVICES
CITY PLANNING
BY:
BY: Dean Andrew
This factor deals with whether the requested R-2 zoning would be compatible with the zoning and
uses of nearby property.
The area east of North Santa Fe and north of the UP railroad tracks contains a mix of industrial and
residential uses. The east side of North 5th as well as North 4th, 3rd and 2nd Streets are predominantly
lined with single-family homes and some manufactured homes. Habitat for Humanity's lot is bordered
by a residential dwelling on the south (zoned 1-2) and a vacant 1-2 zoned lot on the east. There are
existing residential dwellings to the northwest and north that are zoned R-2.
The reason the property to the south is zoned 1-2 is that when Salina's current zoning districts were
laid out in 1977, the blocks closest to the railroad were zoned 1-2 (Light Industrial) and 1-3 (Heavy
Industrial). This reflected the industrial nature of the activities adjacent to the tracks. Where existing
residential properties were included in these zoning districts because of their proximity to the railroad
and industrial uses, the zoning did not reflect their actual use which remained residential.
This is a transition area so the decision for the City Commission is where to draw the line between
residential and industrial zoning. There will be some impacts if this rezoning request is approved.
Future residents of the proposed homes will be impacted by industrial activity in the area. Businesses
on Forest that previously did not have a screening requirement may have to screen their outdoor
storage if this request to rezone this site to residential is approved.
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.
Existinq Utilities
1. Water - There are 6" and 10" water mains in N. 5th Street and Forest Avenue.
The existing 10" line could serve the proposed dwelling units no matter which way
they are oriented.
2. Sanitary Sewer - There is an 8" sanitary sewer line located in the north-south alley
along the east side of the property.
3. Storm Sewer - There are storm sewer inlets in N. 5th Street that connect to a 42"
diameter storm sewer line in Woodland Avenue to the north. This storm sewer flows
west where it discharges into the old Dry Creek channel.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/10/2007
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
DEVELOPMENT SERVICES
ITEM CITY PLANNING
NO. 1 BY:
Page 3 BY: Dean Andrew
Adequate public utilities were in place to serve the existing restaurant site. The change in zoning
district classification proposed by the applicant would not result in any additional burden on public
facilities and services except that redevelopment of the site as proposed would require changes to the
sewer collection system. Habitat for Humanity would need to execute a shared sewer easement and
maintenance agreement to allow a sewer line serving the west lot to go across the east lot to reach
the public sewer in the alley.
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.
Land Use Map - The Comprehensive Plan shows this site as being appropriate for
industrial use. Rezoning to R-2 (Multi-Family Residential) would not be consistent with this industrial
designation. If the Planning Commission believes this site is suitable for residential development, a
motion to amend the Future Land Use Map to show this corner as suitable for residential development
should be considered and approved prior to approving a change in the zoning designation to R-2.
In addition to the plan map, the following Residential Development Policies should be used to guide
the Commission's decision:
R3 Small-scale "infill" residential development within or near existing neighborhood areas should
be compatible and in character with surrounding existing residential development.
R 12 Landscaping or other buffering techniques should be used to screen residential area from
adjacent non-residential uses.
R13 Innovative planning and design techniques in both housing construction and land development
should be actively encouraged as a means of conserving land and energy, improving the
pattern and quality of residential environments, and reducing development and public service
costs.
Staff Analvsis
This a unique area in that residential zoning and uses directly abut industrial zoning and uses without
a buffer area. The small business and light industrial uses in this area do not appear to be having an
adverse effect on the adjacent residential uses. On the one hand, approval of this request would
seem to go against the current trends in the area. On the other hand, approval of this request would
encourage infill housing in the area and promote neighborhood stability.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
12/10/2007
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
7
ITEM
NO. 1
Page 4
Planninq Commission Recommendation
DEVELOPMENT SERVICES
CITY PLANNING
BY:
BY: Dean Andrew
The Planning Commission conducted a public hearing on this rezoning application on November 20,
2007. Following presentation of the staff report and comments and questions from Commissioners,
the Planning Commission voted 8-0 to recommend that the city's future land use plan map be
amended to show the southeast corner of North Fifth Street and Forest Avenue as low density
residential and approval of Habitat for Humanity's request for a change from 1-2 to R-2 zoning on this
12,000 sq. ft. site.
COMMISSION ACTION:
If the City Commission concurs with the recommendation of the Planning Commission the attached
ordinance should be approved on 1 st reading. The protest period on this application expired on
December 4, 2007 and no protest petition was received. If this request is approved, second reading
would take place at the December 1 ih meeting.
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) voted in support of such action.
Encl: Application
Vicinity Map
Site Plan of Benton's Cafe
Excerpt of 11/20/2007 PC Minutes
Ordinance No. 07-10426
Cc: Richard Stowe
City of
~
Salina
Publication Date Application
October 25, 2007 No. Z07-21
Hearing Date Date Filed
November 20,2007 October 23, 2007
Vicinity Map Attached Filing Fee
KG $100,00
Ownership Certificate Receipt No. q ~,:-?x) --7
KG
Plannin$ &'
Communit1)
f)pypl nnmPTl t
APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP
1, Applicant's Name Salina Habitat for Humanity, Inc.
2, Applicant's Address P.O. Box 3583
3, Telephone (daytime) 785-820-1029 RS
E-mail
4. Owner's Address same
5, Legal Description of Property to be rezoned (attach additional sheet if necessary)
Lots 92, 94, 96 and 98 on Fifth Street in the Jones Addition
6, Approximate Street Address 646 N. 5th Street
7, Area of Property (sq, ft, and/or acres) 12,500 sq. ft.
8. Present Zoning 1-2
Use Warehouse building
9, Requested Zoning R-2
Use Single-family dwellings
10, Are there any covenants of record which prohibit the proposed development? YES D (attach copy) NO [8J
11. List reasons for this request (attach additional sheets if necessary): To demolish warehouse and create building lots for
two (2\ Habitat for Humanitv homes.
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): Two additional home sites will
have minimal impact.
13. Explain how off-street parking will be provided for this requested use: Driveways and off-street parkinG will be provided
for eOl('h home
Owner(s)
Signature
Date:
10 ~d3 '&7
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 II I I I -1'111
--
\j\, Application #Z07 -21
Filed by Salina Habitat for Humanity
I
--I ~ f -2
~ UJ
u.
<(
-1 I-
Z
<(
(/)
C-5 Requ4 ~st J 'feCI
J ~
I-
"<t
,
I I I I
Qn I
rVr\c;:) I J-\V
C-5
--
r
~
~
~ ~
1-2
0'1
--l
:r:
en
-- : . Q.....
I 1-3 -v :r: .. .
.. o .., .
~ f~~.
l I I .....~ i1
. . - P T
,.tII..~~1 ~itn
.1 . III
'TT k "T - ... .
pi ~ l ......
.
,tIo
~
. ~., ; ~~
.
~Ir'
~ ~ ~ l!tH-J;
~ ~
~r .- -.
I ..
.
..
II ~ . z ~
. \'
:..Y
1 Inch = 200 Feet ~I ;p'''' -, -fl4i Eli
I
\-
lL
LL
I
t-
fK
'J
Z
(0'-1& N 6+A ~
. ./
13ENTONS CAFE
4 sEJjE:M ~E:-R 144 Z
rOR~T AV~.
)20'
,r--
I J ~1?IIN6r 6tRAva PARKINtl
, ~~~_ _J~~l1~~!~F'W PAT;i'
i - -I ! C :,.,., ': ::' :," ",
, i I
, I
I
I i!'oT II~ (,
i I
.-J _ -L
I
IUJr ~4
i
I~ 'I~
I
+-
. !
1 . ,
B~TONS O\r~ In .' ",':; '6,2.'
(f:;XOO~) (J , . ' " !
+e>,,>' '. ,
-
l{)
t-
7 .:$3,3 If ~, 0 I
L HOU$~
t,..o'f C::~l91l ~ )
I I
A-3Jf.1
')
WI t3~
12.01
JoN~ ADD. 10 -me. t--ljY OF -?AL.,INA, KS
~~-r;_~LAN $-
Excerpt of Minutes from November 20,2007 PC Meeting:
Item #2.
Application #Z07-21, filed by Salina Habitat for Humanity, Inc.,
requesting a change in zoning district classification from 1-2 (Light
Industrial) to R-2 (Multi-Family Residential). The subject property is
legally described as Lots 92, 94, 96 and 98 on Fifth Street in the
Jones Addition to the City of Salina, Saline County, Kansas and
addressed as 646 N. Fifth Street.
Mr. Andrew presented the staff report with visual graphics which is
contained in the case file.
Mr. Funk asked that house to the south that's existing but is it even
occupied? It looks pretty run down.
Mr. Andrew stated we could check the Water Department's records
to see if they have an active account. It is still classified as and
appears to be a residential dwelling but whether it's actually occupied
or not I couldn't say.
Mrs. Bonilla-Baker asked do the businesses around there know
what's going on?
Mr. Andrew stated they all received the notification letters and we
didn't hear any comments back.
Mr. Mikesell asked were they aware of the possible impact that they
would have to build fencing if this was approved?
Mr. Andrew stated I did speak on the phone with someone. This is
currently undeveloped today but an electrical contractor that was
talking about turning that into a contractor's storage yard called and
we did discuss the fact that instead of a chainlink fence we would be
looking at solid fencing as opposed to a chainlink fence for that type
of storage use abutting a residential area. Again that would be the
primary impact.
Mrs. Soderberg asked as it is now without any development to the
east nothing would have to be done?
Mr. Andrew stated right, it would only be if somebody intended to
develop this and they would have some sort of outdoor storage they
would need to provide screening along the abutting lot line.
1
Mrs. Yarnevich asked they would know that going in if the zoning was
changed? Because the person that owns it now is the one that is
talking about putting a storage yard there?
Mr. Andrew stated yes and we also talked about the fact that there is
residential across the street and the same thing would apply in terms
of screening up there as well.
Mr. Schneider asked that is residential use to the south but is there a
residential house in an 1-2 zoning?
Mr. Andrew stated that is correct.
Mrs. Yarnevich asked that is grandfathered in?
Mr. Andrew stated yes, it has been that way since 1977 and if you
have 1-2 zoning and an existing house you are perfectly fine except if
you have a fire or a flood or windstorm and your house is destroyed
then you can't build it back. It is grandfathered in and can continue to
be used, it's just that with the 1-2 zoning and the residential house
that is existing that if it's ever torn down or is blown down or there is a
fire then it can't be built back as residential.
Mrs. Soderberg asked without going through this process?
Mr. Andrew stated without going through a rezoning process. We
have had a couple cases where I have worked with individuals whose
lenders knowing that would not make a loan on a house for that
reason. In those cases, we will work with the owner to get it
designated back. When the city was comprehensively remapped in
1977 the Planning Commission really looked at general areas, trends
and distances back from rail lines and things like that, and there were
some individual properties where we had a mismatch between the
zoning and what the use actually was and if you owned it or lived in it
then it wouldn't necessarily be an issue for you unless you had some
damage to the property or you wanted to tear it down and rebuild.
This is the right process for Habitat for Humanity to go through if they
do want to develop this for housing.
Mrs. Yarnevich asked that is housing up there north of this lot?
Mr. Andrew stated yes, there is actually a house that is right here,
these are homes, this is kind of a quasi-warehouse building. I don't
know if you can go back to the zoning map, John? We have this
warehouse building that is here, it has a C-5 designation and this is
all housing here and then this is all residential here.
2
Mrs. Soderberg asked do you know about the housing stock and
needs of Salina? Are you aware of the need of this type of housing?
Mr. Andrew stated the Habitat Board is probably more familiar with
that. My understanding is their need to produce and the demand for
this type of housing is greater than their ability to produce it right now.
I think that's the case in this particular instance. We have had some
periods with our Neighborhood Revitalization Program where it has
stimulated some new housing starts in this area. But in terms of net,
we probably have had just as many torn down as new ones built back
in this area,
Mrs. Yarnevich asked are there any other questions of staff at this
point? Would the applicant care to address the Commission?
Please come to the podium and state your name and address.
Richard Stowe stated I live at 2208 Roach and I'm representing the
Habitat Board today.
Mr. Mikesell asked how quickly would you put something up at this
location?
Mr. Stowe stated we're currently finishing a house on North Street
and we should be done the first quarter of next year and then
probably start breaking ground in early spring.
Mr. Funk asked what is your intent at this site, to have two lots and
two individual homes?
Mr. Stowe stated right now that is our main thought. We have
considered duplexes but we are shying away from that. We have not
yet built a duplex.
Mr. Funk asked these houses would face Forest Avenue?
Mr, Stowe stated I think that is the ideal situation for us.
Mrs. Yarnevich asked why would that be better then facing the other
way and having the sewer line from one place run through the yard of
another place?
Mr. Stowe stated I'm going to start arguing a point I don't know. Alii
know is what I've heard at the Board meetings.
3
Mr. Andrew stated a lot of it had to with the ability to fit on the lot.
There is 120 ft. of frontage on Forest and it's 100 ft. on 5th Street and
our experience has been getting the extra width is better than the
depth. I think that's part of what they are looking at. We only pointed
that out just from the standpoint that if you had a house here and a
hOlJse here you could run a sewer service back to the alley. You
could certainly do that. We certainly have situations where we have
either a shared sewer or we have an easement to go across
somebody else's property with your service line. It's not entirely
unusual. I'm sure Aaron's run into a few shared sewer situations in
his experience.
Mrs. Yarnevich stated there used to be a catch word about spot
zoning and this seems to be the epitome of that.
Mr. Andrew stated I'm sorry we don't have the colored map because
it's more clear but this is all R-2, (Mr. Andrew stepped to the map) it's
separated by a street but if we had a map here where there was no
R-2 on the map I would see that as spot zoning. What this is is a
transition area between industrial and residential so you are being
asked to consider whether the line that separates industrial from
residential should be moved to this corner.
Mr. Householter asked Dean wouldn't you gather that it is more than
likely as these older industrial areas get abandoned we're going to
see more R-2 expansion into these areas? Are we starting to see
that a little bit?
Mr. Andrew stated we are seeing that and there will be another case
that will be before the Planning Commission at your next meeting
which involves a property on North Santa Fe that is zoned industrial
that people are looking at converting to residential. I think as people
run out of ideas or properties are no longer economically viable for
business uses, a lot of people are turning to residential uses, some
for existing buildings and some for vacant land.
Mr. Householter asked so really we're just seeing the start of what's
probably coming anyway?
Mr. Funk stated my guess is YOIJ can buy a lot here much cheaper
than down south.
Mr. Householter stated probably about $3,000 for lots in North Salina.
Mr. Funk asked when did Habitat for Humanity buy this land?
4
Mr. Andrew stated according to our records they bought it in 1996
because they wanted to use the building as a warehouse. They kept
building supplies and materials in the old cafe building.
Mr. Funk stated I drove by there and it looked like that lot had just
recently been graded and leveled. When was the building
demolished?
Mr. Stowe stated probably in the last sixty days.
Mr. Andrew stated we just closed out the demolition permit two
weeks ago with all the final capping of utilities and grading.
Mr. Funk asked what is the approximate value of one of these
houses plus the lot when Habitat is done with them and they turn
them over to a family?
Mr. Stowe stated it largely depends on the area. But we are
estimating in the $60,000 to $65,000 area.
Mrs. Bonilla-Baker stated that brings up the neighborhood.
Mr. Andrew asked you haven't usually been building garages or
carports with these, it is just a house and a driveway?
Mr. Stowe stated that is correct.
Mrs. Yarnevich asked are there any other questions of Mr. Stowe? Is
there anyone in the public that would like to address the Commission
on this application?
Phyllis Klima, 917 S. Santa Fe, stated on Sydney Soderberg's
question about housing, in 2003, Salina's housing study did show a
little over 700 houses needed in the low income and about 700
additional houses needed in the moderate income category. That
answers that question just a little bit. The other thing I'm concerned
about is that while this is an exception to the 1992 Comprehensive
Plan, the 2002 PUMA Plan, which was also commissioned and
accepted by the City of Salina, targets this very area for
consideration of rezoning to mixed-use district. With these kind of
multiple things coming before you I would urge you to take a look at
the zoning in this area and at the PUMA study and see if this isn't
also included in that elusive Mill District area that was targeted in the
2002 PUMA study. Thank you.
5
Mrs. Yarnevich asked in the PUMA study that was targeted as
residential?
Mr. Andrew stated what the PUMA study recommended was that in a
somewhat nebulous area that is not clearly defined, basically north of
the downtown area, which they defined as the Old Mill district, that
adaptive reuse of some of the old warehouse buildings and mill
related buildings be looked at for possible mixed use, which would
include residential which could be live/work-type space or artist
studios, more non-conventional housing but housing nonetheless.
From the railroad area down 5th and Santa Fe to the area at the north
edge of downtown was kind of identified as the Mill district or the Mill
Overlay district.
Mrs. Yarnevich asked are there any other comments or questions of
staff? Seeing none we will bring it back to the Commission for
discussion and action.
MOTION: Mrs. Soderberg stated I move that we change the future land use
designation for Lots 92, 94, 96 and 98 on 5th Street from Light
Industrial to Low Density Residential.
SECOND: Mr. Householter.
Mrs. Yarnevich stated it has been moved and seconded that we
change the future land use designation of the property from Light
Industrial to Low Density Residential. 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.
Mrs, Yarnevich stated now we will need a motion to rezone the
property from 1-2 to R-2.
MOTION: Mr. Funk stated I move that Application #Z07-21 be approved for the
rezoning of Lots 92, 94, 96 and 98 on 5th Street from 1-2 to R-2.
SECOND: Mr. Mikesell.
Mrs. Yarnevich stated it has been moved and seconded that
Application #Z07-21 be approved for rezoning property at 646 N. 5th
Street from 1-2 to R-2. Any further questions or comments? Seeing
none we are ready for a vote. All those in favor say "aye", opposed
same sign.
6
VOTE:
Motion carried 8-0.
Mr. Andrew stated for Richard's benefit that will go as a
recommendation to the City Commission that they will consider on
December 10th. That is a Monday meeting and we will send you out
information on that.
Mr. Stowe stated thank you.
7