7.4 Zone Eastgate Add , CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4/2/90 q:00 P.N.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENDA:
Planning Division
NO. q Roy Dudark
BY: BY:
Item
Application #Z90-4, filed by Salina City Planning Commission, requesting a
change in zoning district classification from R-3 (Multi-Family Residential)
to R-2 (Multi-Family Residential) on property legally described as Lots 15 -
18, Block 1, and Lots 6 - 10, Block 4, Eastgate Addition to the City of Salina,
Saline County, Kansas (said property located near the intersection of Courney
Drive and Eastgate Drive).
Background Information
The above application involves the rezoning of the southern one-third (7.4±
acres) of Eastgate Addition from high density (R-3) to low density (R-2)
multi-family residential. This change would set lower dwelling un~ density,
building height and lot coverage limitations in the affected area. In
addition, developments containing more than two dwelling units in each building
would require a conditional use permit before construction, which would
necessitate a public hearing and site plan approval. These changes would
provide greater assurance that proposed development would not harm the value
and character of surrounding properties.
Planning Commission Recommendation
On March 20, 1990, the Planning Commission conducted a public hearing on this
application. Following discussion, a motion was passed (7-0) to recommend that
this application be approved.
City Commission Action
If the City Commission wishes to approve the request, a motion should be passed
concurring with the recommendation of the Planning Commission. If the City
Commission disapproves of the request, a motion to return the item to the
Planning Commission for reconsideration should be passed along with a statement
regarding the basis for disapproval.
Encl: Application
Vicinitv Map
Excerpt of PC Minutes of 3/20/90
Ordinance 90-9378
COMMISSION ACTION
MOTION BY SECOND BY
TO:
PUBLICATION DATE No Later Than 2.-27-90 APPLICATION NO. Z90~4
HEARING DATE 3-20'-90 DATE FILED 2-16-.90
VICINITY MAP ATTACHED ~/es FILING FEE N/~
OWNERSHIP CERTIFICATE RECEIVED Y. eR RECEIPT NO. N/A
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM)
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING MAP REZONING)
Sali. na Cilt.y Planni~ng Commission
1. Applicant;s Name:
2. Applicant's Address 30~). W AsS. Salilna, KS' Zip Code: 6.740_l
3. Telephone (Businessl: (1913~ 827-8781 (Home):
4. Owner's Name: City of Salina
5. Owner's Address 3001 W, Ash. Sal fnar KS Zip Code: 67401
6. Legal description of property to be rezoned (attach additional sheets if necessary):
Lot(s) 1.5-1R; Rlnck 1; 6-1{3= BlocI~ 4 In Block No.
In Eastgate Subdivision
Metes and bounds description if unplanted (a Surveyor's Certificate must be filed with this application and if approved
will be required to be platted):
7. Approximate street address: 130_0 S. Courtne,v
8. Area of property (sq. ft. and/or acres): 7~4_ acres
9. Present zoning: R-3 Use: Vacant Lots
10. Requested zoning: R-2 Use: Multf-.family Residentfal Dwellings
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): TO create a zoning scheme conducive
to orderly re~i. denti]al development
13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities,
refuse collection, su;rounding properties, ezc: (Attach additional sheets if necessary) Necessary streets and
utilil;ies are in pla_ce, Proposed zoninq will have reduced impact on traffic, schools,
~utiliti. es, and surroundinq uses,
14. Will there be sufficient off-street parking provided for the requested use? yes
Explain: 2 spaces per dwelli:ng unit
15. List exhibits or plans submitted: subdi, yi sion map
PROPERTY OWNER(S) APPLICANT'S
SIGNATURE: SIGNATURE:
DATE: DATE: ~i/,/~
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:
ADDRESS: ZIP CODE:
TELEPHONE (Business): AREA CODE:
White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant
(Rev. 8/84) 101
(PLEASE DO NOT DETACH)
APplication #Z 90~4
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Salina City Planning Commission
March 20, 1990
Page 5
comprehensive plan policy is to have multi-family zones in proximity to
arterial streets. There is no problem with public facilities and services.
We 'have received several calls from people in the neighborhood inquiring
about this application. He stated that he anticipates no opposition to this
zoning change.
Mr. Morris asked if there is a holding pond?
Mr. Dudark stated that the pond is east of Courtney along the platted
Minneapolis Street. The pond covers four lots on either side of Minneapolis
plus the street right-of-way.
Mr. Gaines asked if you can build on the lots now?
Mr. Dudark stated that building is restricted because of the drainage
easement. If there is another solution to the drainage, the pond could be
filled and dwellings built on the lots.
Mrs. Seaton asked if there were interested persons who would like to make a
comment regarding this application?
Margie Brown, 1506 E. Ellsworth, stated that at 11:20 a.m. today she tried
to get onto Ohio making a left-hand turn and it took over 3 minutes to get
out of the area. She stated that if it were rezoned to single-family it
would be an improvement as far as the traffic situation. When school is
let out and they are using the crosswalk, it backs up traffic.
MOTION: Mr. Hardman moved that Application #Z90-3 be approved in order to make the
properties more marketable for development of single-family homes.
SECOND: Mr. Anderson seconded the motion.
VOTE: The vote was unanimous (7-0) in favor of the motion. Motion carried.
#5. Application #Z90-4, filed by the Salina City Planning Commission.
Mr. Dudark stated that this area is being submitted to the commission for
consideration separately, as it is a different notification area and a
request for a different zoning. This is the south one-third of the Eastgate
development. The site is currently zoned R-3 Multi-Family. Some of the
lots are quite large and designed for multi-family. We did include the lots
on the north side of Eastgate Drive because they would be impacted by the
uses on the south. R-2 is the intermediate zone and allows duplexes and 2
unit townhomes. The public facilities and services are in. Staff is
suggesting a down zoning from R-3 to R-2. This will allow the property to
be developed but at a lower density.
Mr. Hardman asked if a replatting could be done?
Mr. Haworth stated that Louise Lane could be brought through to a cul-de-sac
to create single-family lots.
Mr. Hardman asked why the whole thing could not be rezoned R-l?
Mr. Dudark stated that without the replat and the assurance of the street,
lots 17 and 18 will not be feasible to build on for a single-family home.
Mr. Haworth stated that the people in the area are pushing for R-1.
Mr. Dudark stated the streets would have to be installed and paid for.
Mr. Hardman asked if that would increase the problem of the City trying to
sell the lots?
Mr. Dudark stated that installing a new street would add to the already
high special assessments on the lots. He stated that if the commission does
not think that the neighborhood should be more than single-family then they
do not have to approve the change to R-2. We need sites for elderly housing
in the area and it could be beneficial to the elderly population. A nursing
home is a similar kind of use and would also be of low-impact. Staff
suggests looking at the R-2.
Salina City Planning Commission
: March 20, 1990
.-~'~' Page 6
Mr. Haworth asked about the drainage?
Mr. Dudark stated that there is a ditch that runs south and east of the
site. Some of the lots drain into the pond and some drain into the ditch.
Mr. Gaines asked if duplexes could be constructed on lots other than Lots 17
and 187
Mr. Dudark said yes.
/t Mrs. Seaton asked if there were any interested persons who would care to
.~' make a con~ent regarding this application? There being none, would the
commission care to take action?
Mr. Gaines asked if it was replatted for single-family lots, wouldn't the
streets be assessed to a benefit district?
Mr. Dudark stated that it would but the specials are extremely high now and
anymore improvements in terms of additional paving would make the price of
the lots more. Maybe in order to sell the lots it will eventually have to
be replatted and rezoned R-1. The loss may have to be absorbed.
~ MOTION: Mrs. Denton moved that the commission approve Application #Z90-4 from R-3
to R~2 as the character of the neighborhood would be better served by a
lower density and that we do need to provide housing other than
single-family. The site is suitable for development and streets and public
services are already in. The zoning will conform with the overall
neighborhood plan and it is consistent with staff's recommendation.
SECOND: Mr. Morris seconded the motion.
VOTE: The vote was unanimous (7-0) in favor of the motion. Motion carried.
#6. Application #Z90-5, filed by the Salina City Planning Commission.
Mr. Dudark stated that this application is a zoning text amendment for
C-2. C-2 is a neighborhood commercial district. He listed some of the uses
permitted in C-2. These kinds of uses serve a smaller area of the city.
The ordinance currently requires a I acre area in order to establish a C-2
zone which is the same requirement as the C-3 zone. We need a larger size
area for a C-3 Shopping Center District. The 1 acre requirement is an
impediment for anyone considering rezoning property for a neighborhood use.
The C-1 (Professional Office) District does not allow any retail uses and
has the same 7,500 sq. ft. lot size proposed for C-2. Staff sees no reason
why the one acre requirement could not be deleted. Staff suggests making
C-2 a smaller area. There is some interest in having small-scale,
neighborhood oriented services in C-2.
Mrs. Denton asked if this will encourage people to spot zone?
Mr. Dudark stated that it might but it might not be all bad. If it was
done right it might encourage small service oriented businesses in
neighborhoods that you could walk to, instead of having to drive.
Mrs. Denton stated that she remembers at one time considering a C-2
applicaton. From what she remembers, the lot size was the problem. There
was a home occupation that wanted to expand to a two-person operation and
the only legal impediment against it was the lot size although at the time
she had concerns about whether it was appropriate to allow it. If you allow
it, it may put to many cars on a 75' X 100' lot. She stated that she thinks
an acre is too much but wonders whether 75 X 100 is enough to justify that
kind of activity in a single-family neighborhood.
Mr. Dudark suggested that an intermediate size of 10,000 sq. ft. or 15,000
sq. ft. might be what it needs to be. It is not imperative that it be
reduced to 7,500 sq. ft. It is staff's opinion that an acre is too much.
Mrs. Denton stated that if people would walk to it then you would not have
the vehicular traffic.
(Published in The Salina Journal April , 1990)
ORDINANCE NUMBER 90-9378
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE
NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE
ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING
FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND
PRESCRIBING THE PROPER USES THEREOF.
WHEREAS, all conditions precedent for the amendment of the Zoning
District Map, the rezoning of certain property therein, hereinafter described has
been timely complied with, and SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. AMENDMENT. DISTRICT "R-3". MULTIPLE-FAMILY
RESIDENTIAL DISTRICT. That the Zoning District Map of the City of Salina,
Kansas, duly adopted and published as a part of Ordinance Number 8526, the
same being Chapter 42 of the Salina Code, be and it is hereby amended so that
the following described property be rezoned as follows, to-wit:
Lots Fifteen (15), Sixteen (16), Seventeen (17), Eighteen
(18), Block One (1);
Lots Six (6), Seven (7), Eight (8), Nine (9), Ten (10),
Block Four (4);
All in Eastgate Addition to the City of Salina, Saline County,
Kansas.
shall become a part of District "R-3". MULTIPLE-FAMILY RESIDENTIAL
DISTRICT. That the use of said described property shall be subject to all the
conditions, restrictions and limitations as made and provided for in Ordinance
Number 8526, the same being Chapter 42 of the Salina Code with reference to
the MULTIPLE-FAMILY RESIDENTIAL DISTRICT.
Section 2. CONDITIONS OF APPROVAL. That the use of said
described property shall be subject to all the conditions, restrictions and
limitations as made and provided for in Ordinance Number 8526, the same being
Chapter 42 of the Salina Code, with reference to MULTIPLE-FAMILY
RESIDENTIAL DISTRICTS.
Section 3. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: April 2, 1990
Passed: April 9, 1990
Joseph A. Warner, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk