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.