7.2 Zone Mayfair Add CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/18/90 4:00 P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APP~VED FOR
Planning Division
ITEM /~
NO. 2 Roy Dudark
BY: B
Item
Application #Z90-13, filed by George Wm. Roenne, Jr., requesting rezoning
from R-1 (Single-Family Residential) to PC-1 (Planned Commercial) on
property legally described as Lots 11 and 12 and the West 30' of Lot I and
2 in Block 13 in Mayfair Addition to the City of Salina, Saline County,
Kansas (aka 2331S. Ohio).
Information
The applicant is requesting Planned C-1 (Restricted Business District)
zoning to allow a photography studio to be located within a single-family
home. The studio would be located in the basement. Customers would enter
and exit the property by means of a circular drive off Ohio Street. The
property, which consists of about one-half acre, is sufficient in size to
accommodate the proposed use.
Plann'in~ Commission Recommendation
On June 5, 1990, the Planning Commission conducted a public hearing on this
application. No one appeared in opposition to the application. Following
comments and questions, the Planning Commission voted 6-0 to recommend
approval of the request subject to the following recommendations:
1. The development shall be completed in substantial conformance with the
approved site plan.
2. The only non-residential use permitted shall be a photography studio.
Remaining uses shall be governed by the R-1 district.
3. Signage shall be limited to one (1) wall sign not to exceed 8 sq. ft.
in area.
4. The yard area along Ohio Street, including the space encompassed by
the' circular driveway, shall be appropriately landscaped with trees
and shrubs.
CON~4lSSION ACTION
~E)TION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/!~/9( ~:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
COMMUNITY DEVELOPMENT
ITEM Planning Division
NO. Roy Dudark
BY: BY:
Page 2
City Commission Action
If the City Commission wishes to approve the application, a motion should
be passed placing the rezoning ordinance on first reading. The protest
deadline is June 19 and second reading is scheduled for June 25. If the
City Commission disapproves of the request, a motion should be passed to
return the item to the Planning Commission for reconsideration along with
the basis for disapproval.
Encl: Application
Vicinity Map
Site Plan
Excerpt of PC Minutes
Ordinance #90- 9388
cc: GEorge Roenne
COMMISSION ACTION
MOTION BY SECOND BY
TO:
Item
p, ,~ ~r'aTl~ ~PLICATION NO.
.... . ....... N DATE NoL~,e, Th*n_ May 15, 1990 Z90-13
HEARING DATE June 5. i990 -ATE FILED
VICINITY MAP ATTACHED Yes FILING FEE $250. O0
OWNERSHIP CERTIFICATE RECEIVED YeS RECEIPT NO.
[INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE R~VERSE SIDE OF THIS FORM)
APPLICATION FOR AMENDMENT TO THE DISTRICT ZO.!~ING MAP (REZONING)
2. Applicant's Address 0,O~,~"7 S. 4~)~/'/'O ) ~3/,~J~3 i j~' Zip code:
3. Telephone (Businessh ~'o~-~)O7'7 (Home):F?~A~4E'3
4. Owner's Name: ~<~A~I~' '~,S
5. Owner's Address t ,- ' ' 7ip Code:
6. Legal description of property to be rezoned (attach additional sheets if nece~qa~):
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: ,~33/ ~ ~'H/O
8. Area of property (sq. f~. and/or acres): ' o~,~: ;~OO ~:~ ~
~ 9, Present zoning: ~ J Use: A.~O/'-~ C-
I0. Requested zoning: P~I Use: ~/4OTO 5'~.0~o ~ St,,~-c= ~.~c~ N0,~"
11. Are there any covenants of record which prohibit the proposed development? (Attach copy):
12. List reasons for this request. (Attach additional sheets if necessary): .~,U~ ~:~ /,,4 ~
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)
34. Will there De surricient or~-street parking provioed for the requesteo user /~"..~ ·
PROPERTY OW~!?' ~'/'~3;~*,~ / APPLICANT'S
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
..~~./.~ ~ , ,~-I,~.. ~ L/~ ,, "~'q,.,.'~ / ~ George Roenne
:/"' ,~ ..~'~,~ t~ " :~' ~ ~L~ /"-
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~ NOT TtN~HA~ 3RIVE
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,. ........................ ~ : i~-- ' ~ ~,,r- ,,~,:'
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Salina City Planning Commission
June 5, 1990
Page 6 .~..~.~
MOTION: Mrs, Denton moved that Application #Z90-12 be approved in~.halYthts
amendment is consistent with the intent and purpos~.e~q~he zoning ordinance;
and it will not adversely affect the devg~Lel~nt of the city; will not
be detrimental to or endanger the pu~ealth, safety or general welfare
it should in fact enhance t~]~e~mmunity by allowing the commission to
protect our hi~t~ces,
SECOND: Mr. Gaines~~ded the motion.
VOTE:~ote was unanimous (6-0) in favor of the motion. Motion carried.
~§. Application #ZgO-13, filed b~"George W. Roenne, Jr.
Mr. Dudark stated that this is an application to rezone a tract of land on
S. Ohio at the southeast corner of Ohio and Revere Drive. The property is
zoned R-1 {Single-Family Residential) and the requested zone is PC-1
{Planned Commercial) in order to allow a photography studio in a single-
family residential dwelling. The owner is a professional photographer and
wishes to conduct this business in his house. The applicant has submitted a
site plan which shows the proposed layou: of the lot. He showed the
commission the site plan. He stated that this is a large 1/2 acre lot
and there are plans for future decks and a detached garage. A customer
would come in off of Ohio and park in the circular driveway and exit on
Ohio. lhe applicant wishes to have one full-time employee and one business
sign and fencing around the rear of the property. The question is the
suitability of the site for this use. To the south is a church and a
parking lot for the church. The proposed business is oriented in that
direction, away from the single-family dwellings. There is no real question
about public facilities and services. Traffic would be minimal. Staff
recommends approval of this application subject to the conditions listed in
the staff report.
Mrs. Denton asked if this is a step up from a home occupation in that he
wants a full-time employee?
Mr. Dudark stated that he could have this as a home occupation except for
that. With planned commercial C-1 with restrictions it would allow for a
full-time employee.
Mr. Morris asked if Mr. Roenne could ever put his photography studio i~ his
garage?
Mr. Dudark stated that Mr. Roenne is requesting to have the stuoio in his
basement and it is under that intent if it is approved. As a home
occupation, he would have to appear before the Board of Zoning Appeals to
use a detached exterior building.
Mr. Morris asked if there is anyway he could operate out of his garage as a
business?
Mr. Dudark stated that he could not without going before the BZA.
Chairman Brungardt asked if the applicant would care to make a comment
regarding this application?
George Roenne, 2257 S. Ohio, stated that they are riot changing from what
they are already doing except for the full-time employee p~rt in an R-1
district.
Chairman Brungardt askeU 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? He asked if there has been any
correspondence regarding this application?
Mr. Dudark stated that staff received a couple of phone calls inquiring
about the use of the proposed zoning. After informing them of the use,
they did not seem to be concerned.
Salina City Planning Commission
June $, 1990
Page 7
MOTION: Mr. Gaines moved that Application #ggo-13 be approved subject to the four
{4) conditions listed in the staff report.
SECDND: Mr. Anderson seconded the motion.
VOTE: The vote was unanimous {6-0} in favor of the motion. Motion carried.
#6. Application #Z90-14, ~iled by dames darvis.
/
Mr. Andrew stated that this is an application to rezone two platted lots dp//
Clark Street from C-3 {Shopping Center) to C-5 (Service Commercial). T~h~e
applicant is proposing to purchase and utilize a vacant commercial buil~ktng
for a pest control business. Pest control offices are not allowed i$ C-3
which is designed to be a retail district. Therefore, the change f~6m C-3
to C-5 is required before the building could be occupied for the/~roposed
use. The use of the site would be covered by the C-5 regulations//which are
highlighted in the staff report. The property is in a mixed use/~rea. From
staff's research, the only reason for that strip along Clark being zoned C-3
is that it does contain a mix of commercial and residential/dses including
some apartments that were constructed recentiy.~ C-3 does ay¥1ow residential
apartments as a conditional use. C-5 allows no residential at all. There
is another pest control office to the west of this site//on Holiday Street.
All the public facilities and services for this site a?~ adequate. This is
))or a type of use that would generate any signif~eant traffic. Staff
received one phone call from a property owner on l~ntros'e concerned about
the chemicals which might be stored on the sit~. Staff researched the
storage requirements. The Community Right,ytYo-Know Act states that
facilities or businesses that use chemicals tha~are classified as hfz~rdous
and are used above a certain amount are requ~ed to file a Material Safety
Data Sheet (MSDS) on each of the chemicals~hat are being stored there and
provide information on their toxicity and w~)fa~ happens to themwhen they are
released into the air. These reports ~'th the Fire Department and
the local Emergency Preparedness Comm/ttee and the State Department of
Health and Environment. If chemicals/are used above a certain amount then
they have to post a sign in the door~4~ay. Fromstaff's research, we know of
no limitations on how far the sj~rage of chemicals have to be from a
residential neighborhood.
Chairman Brungardt asked if ~t~he ~t would care to make a comment
regarding this application?J
Jim Jarvis, 1.731 Hillcr~~t intend on using
the entire building fo~. ~,s on leasing part of the building
to another business p~elr 'ttm~ d in te he C-5 d tis rict. With regard to the
chemicals, he talked/~od~'re Department and he brought
it up to him that ~(ere ha~-b~t the ~hemicals~ Post of the
chemicals he use~Xare ~~ ous as the ones or, the K-Mart and
Dillons shelves~ to have a hazard sign on the
door. He u~n eeps a small amount on hand.
Chairman B~e is r~t store the chemicals in a
certain ~ion?
Jim Ja~~o ed under lock and key and
preface chemicals in a wire cage
wh~~'s use. He stated t~at he has
M~omanp y for public use.
/Ch~ga~re w~'nter ste ed persons who would
/c~r,? There being none, would
Jthe commission care to take action?
COND: Mr. Gaines seconded the motion.
VOTE: The vote was unanimous (6-0) in favor of the motion. Motion carried.
(Published in The 5alina Journal June , 1990)
ORDINANCE NUMBER 90-9388
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 REZONINC 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 50 NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. AMENDMENT. DISTRICT "PC-l". PLANNED RESTRICTED
BUSINESS 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 5alina Code, be and it is hereby amended so that
the following described property be rezoned as follows, to-wit:
Lots Eleven (11) and Twelve (12) and the West thirty feet
(30~) of Lots One (1) and Two (2), Block Thirteen (13),
Mayfair Addition to the City of Salina, Saline County,
Kansas
shall become a part of District "PC-l". PLANNED RESTRICTED BUSINESS
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 the PLANNED RESTRICTED
BUSINESS DISTRICT. Development of the property shall be subject to the plans
on file with the Planning Commission and/or City Clerk and the following
conditions, to-wit:
1. Approval is subject to the approved Preliminary
Development Plan and supporting documents which are
on file in the City Clerk's Office and is incorporated
herein by reference.
2. The development shall be completed in substantial
conformance with the approved site plan.
3. The only non-residential use permitted shall be a
photography studio. Remaining uses shall be governed
by the R-1 District.
4.Signage shall be limited to one (1) wall sign not to
exceed eight (8) square feet in area.
5. The year area long Ohio Street, including the space
encompassed by the circular driveway, shall be
appropriately landscaped with trees and shrubs.
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; June 18, 1990
Passed: June 25, 1990
Robert E. Frank, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk