7.3 Zone Holiday Add CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
, 6/~n/ar 4:00 P.H.
AGENDA SECTION: Development ORIGI NATI NG DEPARTMENT: APP.~OVED FOR
NO. 7 A~A: <
COMMUNITYDEVELOPMENT
ITEM Planning Division
NO. 3 BY: Roy Dudark ~/~ BY:
Item
Application #Z90-14, filed by James Jarvis, requesting rezoning from C-3
(Shopping Center) to C-5 (Service Commercial) on property legally described
as Lots 13 and 14 in Block 2, Holiday Addition to the City of Salina, Kansas
(aka 417 S. Clark).
Background
The applicant is proposing to purchase and utilize a vacant commercial
building as an office site for a pest control business and also to lease out
unused space to other businesses. Pest control and exterminator's offices
are not allowed in the C-3 district which is designed to be mostly a retail
shopping district. Therefore, a change in zoning from C-3 to C-5 must be
approved before the building can be used by a pest control business or any
other C-5 use.
~.lanning Commission Recommendation
The Planning Commission conducted a public hearing on this rezoning request
on June 5, 1990. No one appeared to speak in opposition to the zoning
change. After listening to comments from staff and the applicant, the
Planning Commission voted {6-0) to recommend approval of the requested
zoning change.
~ity CommissiR. n ACtion
If the City Commission concurs with the recommendation of the Planning
Commission, the attached ordinance should be placed on first reading.
Second reading is currently scheduled for June 25. 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
Ordinance #90-9389
COMMISSION ACTION
MOTION BY SECOND BY
TO:
PUBLICATION DATE No Later Than May 15; 1990 APPLICATION NO. 7g0-14
HEARING DATE ,]unP R; lqqf'l DATE FILED Nay ZJ~ 'lqq~
VICINITY MAP ATTACHED FILING FEE _ $?R0.flQ
OWNERSHIP CERTIFICATE RECEIVED RECEIPT NO. ~ [~ 0 ~ ~ ~
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM)
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING MAP (REZONINC~
'1. Applicant's Name: ~~ ~ ~~.1~
2. Applicant's Address ]~/ ~;//C,~e~Zz~ ZipCode: ~pl
3. Telephone (Business): ~~/~ ~ (Home): ~ ~ --~ ~
5. Owner'sAddress . ~3 ~ '~¢-//r~~ ZipCode:
Lot(s) : ~ I: . ,n BLock No.
Metes and bounds description if unplanted (a. Su~eyor's'Cenificate must be filed with this application and if approved
will be required to be platted):
7. Approximate street address: . ,z.jJ/ ? ~'- 0 /J~,/~ k
8. Area of property (sq. ft. and/or acres):
9. Present zoning: C~- ~ Use:
10. Bequeathal zoning: __[~'-- ~ Us~:
11 Are there any covenants of record which prohibit the proposed development? (Attach copy):
12 List reasons for this request. (A.~ch additional sheets if necessa~):
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)
14. Will there be sufficient off-street parking ~rovided for the requested use? ... ~ ~
15. List exhibits or plans submitted:
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.
TELEPHONE (Business): ~ ~-- ~ ? ¢ ~ A"EA CODE: R /
White - Planning Cana~ - City Clerk Pink - Inspection Gold -
IPLEASE DO NOT D~TACH)
Application #Z90-14
James Jarvis
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'° HOLIDAY /ST.J ','
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Request Area ,~ J O 'l
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Armory ROAD
Salina City Planning Commission
June 5, 1990
Page 7
Gaines moved that Application ~Z90-13 be approved subject~~
MOTION:
Mr.
(4) conditions listed in the staff report. ~
SECOND: Mr. Anderson secon~ed~t~m~Yi6n.
VOTE: .... Th~'vote was unanimous (6-0) in favor of the motion. Motion carried.
#6. Application #Z90-14, filed by James Jarvis.
Mr. Andrew stated that this is an application to rezone two platted lots on
Clark Street from C-3 (Shopping Center) to C-5 (Service Commercial). The
applicant is proposing to purchase and utilize a vacant commercial building
for a pest control business. Pest control offices are not allowed in C-3
which is designed to be a retail district. Therefore, the change from C-3
to C-5 is required before the building could be occupied for the proposeO
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 area. 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 uses including
some apartments that were constructed recently. C-3 does allow residential
~partments as a conditional use. C-5 allows nc 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 are adequate. This is
~ot a type of use that would generate any significant traffic. Staff
received one phone call from a property owner on Montrose concerned about
the chemicals which migh~ be stored on the site. Staff researched the
storage requirements. The Community Right-to-Know Act states that
facilities or businesses that use chemicals that are classified as hazareous
and are used above a certain amount are required to file a Material Safety
Data Sheet (MSDS) on each of the chemicals that are being stored there and
provide information on their toxicity and what happens to them when they are
released into the air. These reports are filed with the Fire Department and
the local Emergency Preparedness Committee 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 doorway. From staff's research, we know of
no limitations on how far the storage of chemicals have to be from a
residential neighborhood.
Chairman Brungardt asked if the applicant would care to make a comment
regarding this application?
Jim Jarvis, 1731 Hillcrest Lane, stated that he does not intend on using
the entire building for ))is use. He plans on leasing part of the building
to another business permitted in the C-5 district. With regard to the
chemicals, he talked to Jerry Scott with the Fire Department and he brought
it up to him that there hao been a call about the chemicals. Most of the
chemicals he uses are not as hazardous as the ones on the K-Mart and
Dillons shelves. Those are not even required to have a hazard sign on the
door. He uses a small amount of chemicals and keeps a small amount on hand.
Chairman Brungardt asked if he is required to store the chemicals in a
certain fashion?
Jim Jarvis stated that they are primarily stored under lock and key and
preferabl~ a double-lock. Most companies have the chemicals in a wire cage
where they disperse the chemicals for the day's use. He stated that he has
MSDS reports available from ~he chemical company for public use.
Chairman Brungardt asked if there were a)~y interested persons who would
care to make a comment regarding this application? There being none, would
the commission care to take action?
MOTION: Mr. Anderson moved that Application #Z90-14 be approvea.
SECOND: Mr. Gaines seconded the motion.
VOTE: The vote was unanimous (6-0) in favor of the motion. Motion carried.
(Published in The Salina Journal June , 1990)
ORDINANCE NUMBER 90-9389
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 "C-5". SERVICE COMMERCIAL
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 #2 of the Salina Code, be anci it is hereby amended so that the following
described property be rezoned as follows, to-wit:
Lots Thirteen (13) and Fourteen (14), Block Two (2),
Holiday Addition to the City of Salina, Saline County,
Kansas.
shall become a part of District "C-5". SERVICE COMMERCIAL 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 u, 2 of the Salina Code, with reference to SERVICE COMMERCIAL
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: June 18, 1990
Passed: June 25, 1990
Robert E. Frank, Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk