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7.1 Zone Westbend Add CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 1/~R/~ ~;uu r.n. AGENDA SECTION: Development ORIGINATING DEPARTI~IENT: APPROVED FOR NO. 7 COMMUNITY DEVELOPMENT AGENDA: .... Planning Division ITEM ~ ~ NO. 1 Roy Dudark BY: BY: Item Application #Z90-21, filed by Sunset Plaza, Inc., requesting a change in zoning classification from R-1 (Single-Family Residential) to C-1 (Restricted Business) on property legally described as Lots I and 2 in Block 2 in Westbend Addition to the City of Salina, Kansas (aka 810 - 828 Elmhurst Blvd.). Background In 1986, a Conditional Use Permit for a professional office building was approved for the East 120' of this tract. This is now the site of a State Farm Insurance office. The remainder of the tract is vacant, and this site is being eyed as a possible future expansion site by the Central Kansas Mental Health Center. Professional offices and clinics are allowed as conditional uses in the R-3 district. However, the mental health center's plans are not specific enough at this time for the preparation and submission of a binding site plan as required for conditional use applications. The current owner and the mental health center want the assurance of knowing that this property can be developed with professional offices in the future without being tied to a specific plan. A change to C-1 zoning would accomplish that and would not affect the status of the existing insurance office except to make it a permitted rather than conditional use. The Central Kansas Mental Health Center is directly across the street to the north and is zoned C-1. The Kenwood View Nursing Home, and institutional use, is directly to the east. The remainder of the surrounding area is either vacant or developed with professional offices and the area has taken on the character of a professional office park. The uses permitted under C-1 zoning should be compatible with the zoning and uses of nearby property. COMMISSION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE T I ME 4:00 P.M · / L~/ ~,1, ......... AGENDA SECTION: ORIGI NATI NG DEPARTMENT: APPROVED FOR NO. AGENDA: COMMUNITY DEVELOPMENT ITEM Planning Division NO. Roy Dudark BY: BY: Page 2 Planning Commission Recommendation The Planning Commission conducted a public hearing on this application on January 15, 1991. The applicant and representatives of the Central Kansas Mental Health Center were present to respond to questions. No one appeared to speak in opposition to the requested zoning change. Following discussion, the Planning Commission voted 8 - 0 to.recommend approval of the requested zoning change to C-1 based on the following factors: the suitability of the site for commercial development, the office park character of the surrounding area, the adequacy of public facilities and services and the conformance of the requested zoning change with the city's Future Land Use Map. City. Commission Action If the City Commission concurs with the recommendation of the Planning Commission, a motion should be made to approve this application and the attached ordinance should be introduced on 1st reading. Second reading of the ordinance would be scheduled for February 4. If the City Commission disagrees with the recommendation of the Planning Commission, a motion should be passed to return this item to the Planning Commission for reconsideration including a statement of the reasons for the disagreement. Encl.: Application Vicinity Map Excerpt of PC Minutes Ordinance #91- 9423 cc: Dean Owens COMMISSION ACTION MOTION BY SECOND BY TO: PUBLICATION DATE No Later Than December 24~ 1990 APPLICATION NO. Z90-21 HEARING DATE January 1~: lqq~ DATE FILED December 6, 1990 VICINITY MAP ATTACHED FILING FEE $250.00 OWNERSHIP CERTIFICATE RECEIVED Yes RECEIPT NO. (INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (REZONING) '1. Applicant's Name: __Sunset Pla~.a, ThC. 1-48 S. Santa Fe--~---Sa-gl~, K-S 6'7-4-01 2. Applicant's Address Zip Code: 3. Telephone (Business): 823-6341 (Home): 827-0200 4. OWner's Name: Sunset Plaza, Inc. .. ~ 5. Owner's Address 148 S. Santa Fe, Salina, KS ?ipCode: 67401 6. Legal descriptioE'of~prOperty to b'e rez0ned (attach additional sheets if necessary): Lot(s) One (1) an(:] Two (2) In Block No. Two (2) In Westbend Subdivision Metes and bounds description if unplatled (a Surveyor's Certificate must be filed with this application and if approved will be required to be platted): 810-828 Elmhurst Blvd. 7. Approximate street address: 8. Area of property (sq. ft. and/or acres): " ~7 acres 9. Present zoning: ~-3 Use: Office on East 120'; balance vacant 10. Requested zoning: C-1 Use: Mental health clinic; office building 11. Are there any covenants of record which prohibit the proposed development? (Attach copy): No 12. List reasons for this request. (Attach additional sheets if necessary): Property, 'less }Bast 120 feet_, is sold to Central Kansas Mental Health Clinic, subject to zoning for mental health clinic permitted uses. 13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities, refuse collection, surrounding properties, e[c: (Attach additional sheets if necessary) Proposed uses will have no adverse effect on any of these matters. 14. Will there be sufficient off-street parking provided for the requested use? Yes Explain: Purchaser will com~ly with Salina Code requirements. None 15. List exhibits or plans submitted: PROPERTY OWNER(S) APPLICANT'S SIGNATURE: ~ '<:::~-~-.--~ SIGNATURE: DATE: t 7. - (o - c~ ~ DATE: If the applicant is to be represented by legal counsel or an authorized agent, please complete the following so that correspondence and communications pertaining to this application may be forwarded to the authorized individual. NAME OF REPRESENTATIVE: Dean Owens ADDRESS: 9th Floor United Bldg., Box 1247, Salina, KS ZIPCODE: 67402-1247 TELEPHONE (Business): 827- 7251 AREA CODE: 913 White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant (Rev. 8/84) 101 (PLEASE DO NOT DETACH) ~ ~,~ ~.~ A~lication #Z90-21 - Sunset Plaza, Inc --i PD D ® i c-~ mmm imlm~mm mmmmmmm~-- '0 m EDISON PLACE '-n Westchester -o ~0' ~ DRIYE F ~mm m mmm~m?m~mm m mm mm m m'm~.6822 EI_MHURST .' BOULEVARD -o~ m C'1 ~ 3 9. 8 7 is 17 16 15. 14 I$ I2 I I IO i e 7 6 5 3 Z Salina City Planning Commission January 15, 1991 Page 4 Chairman Brungardt asked if there were any more comments from the commission or staff? Mr. Dudark stated that the fire code requirements are not something that we knew about that long ago. Mr. Williams said he received the report yesterday but we mailed it last Wednesday. We did not try to spring up anything that we were not aware of. Chairman Brungardt asked if this application was more tedious than most? Mr. Dudark stated that it was more tedious than most. The original application submitted did not have any information about the oil well and the location of the oil well pipeline, no topography and minimum other information and not enough for staff to make a review of. That did take some time for the surveyor to provide that. We did not feel that we could make any rational recommendations to you because we did not know where the oil well was located. Was it in the right-of-way? Was it on private property? Mr. Morris stated that he has no problem with staff requiring these conditions. It needs to be adequate for the commission to make a decision on. It is better than coming in here and dealing with unknowns. He supports the information requested by staff. Mr. Anderson stated that he is trying to figure out whose responsibility it is to provide the commission with this information. He can not believe that they do not know the exact size and depth of the pipeline. Who is supposed to get that information? Are they charged with that respon- sibility? Somebody surely ought to know. Mr. Dudark stated that staff did not ask them for that information. It was something that staff just wanted to mention to the commission. If it was an issue we thought was instrumental, we would have gone out and looked for the information. #3. Application #Z90-21, filed by Sunset Plaza, Inc. Mr. Andrew stated that this is an application to rezone property from its current R-3 classification to C-1. A portion of this lot is currently developed as a site for a State Farm Insurance claims office. The western portion of this tract is being considered as a possible site for expansion of Central Kansas Mental Health Center and they wanted to see the property rezoned so that they could be assured that they could obtain a building permit and build when their time schedule permits. A change to C-1 would not affect the status of the insurance office since that would also be a permitted use in C-1. The applicant decided to do the whole tract and rezone it at once since it would not affect the insurance office at all. Development of this tract would be subject to the C-1 limitations on uses and the other development regulations you see in the staff report. The only issue as far as buildability is the floodplain issue. The applicant has submitted an elevation survey to us that shows the front half to 2/3 of Lot 2 is above the floodplain elevation so it would be buildable and they could obtain a building permit for that portion. The rear part is substantially lower, as much as 3' below the base flood elevation. In order to develop that, they would have to bring in fill if that was their choice. They could still build on the front portion and leave the rear as parking or undeveloped. The Central Kansas Mental Health Center is across the street to the north and the overall character of this area is institutional or office-type uses. The public facilities and services are adequate to serve this site. There has been some discussion about vacating Westbend from Elmhurst south to that cul-de-sac. The YMCA Drive that is shown on the plat already has been vacated. We just want to point out that if that were ever vacated that would mean that Lots 1 and 2 would be forever locked together as one building lot because otherwise Lot 2 would have no independent street access. They would have to be sold together as one zoning lot. This request is consistent with our comprehensive plan which shows this area as suitable for commercial office development. Staff would recommend approval of this request citing the factors we have indicated in the staff report. Salina City Planning Commission January 15, 1991 Page 5 Chairman Brungardt asked if the commission had any questions? There being none, would the applicant care to make a comment? Dean Owens, United Building, stated that he is the attorney for Sunset Plaza, Inc. Pat Bolen who is also present is the president and owner of Sunset Plaza and has sold the property subject to zoning to Central Kansas Mental Health Clinic. R.W. Bull who is a member of that board and Pat Murray who is the administrator are also present to address any questions you may have. We are in agreement with the staff report and recommendation. R.W. Bull stated that they also own 38' to the west of the property we are asking to be rezoned. We bought that for a parking lot so we could add to our present building as we did not have enough space. We bought 38' from the YMCA and are using it for a parking lot. When we purchased the ground we are proposing, we will own the total area across there except for the cul-de-sac but we are going to come back and ask the city to vacate that as soon as we get all the property taken care of. We will then own all the property from the insurance building to the 38' strip of land we bought from the YMCA. Mr. Dudark stated that the conditional use permit was issued two or three years ago for that strip for a parking lot. The vacation would be from Elmhurst to the cul-de-sac. Mr. Kline asked if there are two separate owners involved? Pat Bolen stated that at the current time Sunset Plaza owns Lot I and 2. State Farm Mutual occupies the East 120' of Lot 1, Block 2. Mr. Kline asked if Sunset Plaza is the owner? Pat Bolen stated that he is the owner. Chairman Brungardt asked if there were any interested persons who would care to make a comment regarding this application? There being none, would the commission care to take action? MOTION: Mr. Haworth moved that the commission approve Application #Z90-21 based on the staff recommendations that the site is suitable for commercial development with the office character in the surrounding area and that it has adequate public facilities and services. SECOND: Mr. Kline seconded the motion. VOTE: The vote was unanimous (8-0) in favor of the motion. Motion carried. #4. Application #Z90-22, filed by Gary Gleason. Mr. Andrew stated that he spoke with Mr. Gleason and he had reviewed the draft amendment staff had proposed and it addressed his concerns that he had in filing this application. As far as the background, most of the churches in Salina are in residentially-zoned districts intermixed with residential uses and our current ordinance distinguishes between churches that are located on arterial or collector streets vs. churches that have frontage on residential streets and requires a more severe sign limitation for those that are on residential streets. That has created some confusion for the sign industry and also for churches that have ordered signs and then found that they could not get a permit to install them. We have drafted this proposed amendment. The changes we have included would increase the maximum size of bulletin board signs for churches from 16 sq. ft. to 32 sq. ft. which would be 4' x 8', which is standard in the industry. Identification signs which many churches have which contain the name of the church in the front yard on a pole or ground sign, instead of the 12' they could be up to 32 sq. ft. or 4' X 8'. Currently the way the ordinance reads, a church could have only one sign which we know is not the current practice. This would make it legal for them to have two wall signs plus one pole or ground sign. It clears up another section which related to conditional uses on arterial and collector streets and limits those to 32 sq. ft. That would be like the signs you see on Ohio Street for Statcare and Hancock Clinic.