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7.1 Agr License Cond Use CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 10/22/90 q:OOP.M. AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. ? COMMUNITY DEVELOPMENT AGENDA: Planning Division ITEM Application #C~gO-7, filed by ~eorge Marshall, requesting a conditional use pemit to allow a medical office and accessory off-street parking in an (Multi-Family Residential) District on property legally described as Lots 26, 28 and the North 35' of Lot 30, Block 2, Santa Fe Park Addition to the City of Salina, Saline County, Kansas (aka 655 S. Santa Fe). Information The applicants are proposing to convert a vacant church building located on the east side of South Santa Fe into a medical office that would house two doctors and support staff. The church butlding's presence in the neighbor- hood is well established (since 1947), however, the surrounding neighborhood is predominantly residential and the subject property is located some distance away from other commercial uses on Santa Fe. The building formerly housed the First Southern Baptist Church and then the Fountain of Life Church. The building contains 6,832 sq. ft. and would be divided into a reception area, offices and six (6} treatment rooms. The building is more than adequate to meet the doctors' needs and portions of the building would be left unoccupied and used for storage. There is currently no paved parking on the site and the applicants propose to install a paved parking area. The only structural alteration to the building proposed is a 10' X 10' extension that would serve as the entrance for patients. The proposed plan calls for a 30 space paved parking lot to be constructed in front of the building. The 30 spaces shown are adequate to meet the requirements of the Zoning Ordinance. Traffic would enter the clinic at a 24' entrance/exit drive to be constructed at the north end of the site. The existing 12' drive at the south end of the site will be removed. The latest traffic count for this stretch of Santa Fe showed a traffic flow of about 11,700 vehicles per day. Based on published standards and the size of this practice, this proposed clinic could generate 187 vehicles trips COMMISSION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME lN/??/¢~n 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: COMMUNITY DEVELOPMENT ITEM Planning Division NO. Roy Dudark [BY: BY: Page 2 per day. The applicant's site plan shows no parking spaces extending into the 25' front yard setback area along Santa Fe. This front yard area would be landscaped with grass, shrubs and trees. Also, a 6' solid wood screening fence is proposed between the parking lot and adjacent residences on either side from the building to the front yard setback line. Planning Commission Recommendation On October 2, 1990, the Planning Commission conducted a public hearing on this application. After listening to comments from the applicant and the concerns expressed by neighboring residents, the Commission adopted a motion (g-O) to recommend approval of this application subject to the following conditions: · 1. That no expansion of the building be permitted beyond the dimensions shown on the approved site plan. 2. That no parking stalls be extended into the required front yard setback area. 3. That signage shall be limited to one (1) nonilluminated ground sign plus one (1) wall sign as permitted by Section 42-517 of the Salina Code. In accordance with the Zoning Ordinance, affected property owners may protest conditional use permits to the City Commission under the same procedures as in rezoning cases. To be valid, a protest petition must be filed within 14 days of the conclusion of the hearing and duly signed and acknowledged by the owners of 20 percent or more of the land area (exclusive of streets and right-of-way) within 200' of the property affected by the permit. In that a petition was filed within the allotted time containing the signatures of the owners of 40 percent of the eligible area, the protest is valid and the conditional use permit must be approved by a 3/4 majority vote of the City Commission. COMMISSION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMI SS I ON ACT ION DATE TIME AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR NO. AGENDA: COMMUNITY DEVELOPMENT ITEM Planning Division NO. Roy Dudark BY: BY: Page 3 Cit~' Commission Action The following alternatives are available to the City Commission at this time: 1. Concur with the recommendation of the Planning Commission and approve the conditional use permit. (Four or more affirmative votes are necessary to take this action). 2. If the City Commission disagrees with the recommendation to approve the conditional use permit or if a motion to approve fails to receive four votes, then a motion to return the application to the Planning Commission for reconsideration should be adopted along with a statement regarding the basis for disapproval. Encl: Application Vicinity Map Site Plan Protest Petition Excerpt of PC Minutes (10-2-90) cc: Merle J. Hod§es and George W. Marshall Joyce Marrs COMMISSION ACTION MOTION BY SECOND BY TO: PU'BLICATION DATE September 11~ lgq(l APPLICATION No. CU90-7 HEARING DATE October 2, 1990 DATE FILED August 31, 1990 APP. FOR ZONING CERT. ATTACHED FILING FEE. $75.00 SITE PI,~.NS RECEIPT No. APPLICATION FOR CONDITIONAL USE PERMIT (EXCEPTION) 1. Applicant's Name: _ Dr. George W. Marshall _ _ 2. Applicant's Address 430 S. 7th, Salina, KS Z3pC, c~e: 67401 3. Telephone (Business): 913-825-9024 - (Home): 913-827-4433 4. Owner's Name: Luci 1 l__e Johnson 5. Owner'sAddre~s: 430 S. 7th, Salina, KS 2ipCode: 67401 6. Legal description of affected property (attach additional sheets if necessary): Lots 26, 28 and N. 35 feet. of Lot 30, Block 2, Santa Fe Park Addition 7. Approximate street address: 655 S. Santa Fe, Salina, KS 8. Zoning of property: R-3, Multi-family Residential 9. Present use of property: Church 10. Proposed use of pmperty: Medical Clinic 11. Arethere any covenants or restrictions of record which would prohibit the proposed development? (Attach copy). No 12. State or show compliance with any specisi conditions or requirements imlx~md on this conditional use by the applicable district ;Zoning Regulstions: · · Refer to attached site plan. Screeninq and off-street parkin.q is provided as required. 13. State why the proposed conditional use will not cause substantial injury to the value of neighbo~ property: The proposed improvements as indicated on the attached site plan will*harm but trn~eaSe the'value of adjacent properties. Care has been taken to respect and .... protect the neighborhood through the use of landscaping and screening. 14. State how the proposed conditional use is to be designed, arranged, and operated in order to permit the development and use of neighboring property in accordance with the applicable district Zoning Regulations: Refer to attached sit~ plan. Parkinq is to have reauired screenina on both sides as indicated. A 25'-0" set back off of Santa Fe, that will be landscaped, will oroVide 'an esthetic buffer off of Santa Fa, 15. Present data in support of the standards specified in Section 36-1201(2)(a)(4) of the Zoning Regulations (attach addi- tional sheets if necessary). These standards may be found on the back of this application. Off-street parking is in arcnrdancm with 7nnin~ iqmglllatinn~. So,An is provided as well as a 25'-0" landscaped buffer at front of property. I hereby certify that if this conditional use permit application is approved, I will complete construction in accordance with plans submitted and approved by the Board of Zoning Appeals and I agree to abide by all restrictions, conditions, and requirements lawfully binding upon me in this regard. Date: September 10, 1990 Date: September 10, 1990' ff the applicant is to be reprseented by legal counsel or an authorized agent, please complete the following mo that ¢orr~pondence and communications pertaining to this application may be forwarded to the authorized individual. NAME OF REPRESENTATIVE: R. Kenneth Bieberly, Architect ADDRESS:. 227 N. Santa Fe, Salina, KS ZlPCODE: 67401 TELEPHONE (Business): 823-9221 AREA CODE: 913 White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant (Rev. 12/81) 103 · ~ ~ ~ ~ Application #CU90-7 Merle Hodges/Georqe Marsh a , ~L~ I  ~ 5 6 I 6 7 ~ 3 ~ m ~ mO , ~ J ~so' i ~3 I ' ~l ,,. ,o... ,o,. "D' L ' ' ~ m ~ PRESCOTT " 5 6 5 ~ I2 ~ 7 , ,, I m 13 14 13 14 27 32 ~ r8 = f7 - I ' i ~ c RAWFORD . ,_. De.to'il ~ P~rkin~, & Sidewolk Cucb . o ...... · -- Proposed Clinic ~ I-- I,':. ' ; ~'~.' ............. ~ ~ ~ : I', (6,852 square Feel} 0' ~ I - ~ ~= ,-~~. Site Plan 4 ~ ~ ~ ~ ,~ ~ 5cole: 1/8" / ~' o~ saul, ~a~s~s * FILED : '900CTIG PB 9 90 . CITY PROTEST PETITION . CITY CkERK'S OFFIOE _ The undersigned, o~ers of reel estate 1~cated w~thtn 200 feet of property proposed to be rezoned, proses~ the proposed ~for properSy He~s andore'ds description ACKNOWLEDGENENT STATE OF KANSAS ) )SS COUNTY OF SALINE ) The foregoing instrm~nt ~as acknowledged before ~e this 1A~h day of Oo.~nh~ _ 19 ~0~ by (LIST EACH P~RSON ACKNOWLEDGED) wi%nessed e~ch signature on %his ~o%es% Shirley C Sink a:<~ _ :~ Notary Publ ~ c Hy Co~ission expires: EACH SIGNATLq~E HUST ~E .ACI~NO~LEDGEO Additional statements of acknowle~ent may be attached end ma~ a part of (Rev. 7/86) ClT%' OF SALINA, KANSAS PROTEST PETITION _ The undersigned, o~ers of real esgete loca~ wi~htn 2~ fee~ of proper~y proposed ~o be ~ezoned, peoges~ ~he p~oposed change of zoning foe zone change fr~ SECTION/FI. - Protestor(s) Property owned / Signature(s) Metes and 5ounas description Lot(s) Block(s) Addition ACKNOWLEDGI~ENT STATE OF KANSAS ) COUNTY OF SALINE ) The foregoing Instrument was ackn~ledged before ~ ~ts !6th day of 19 ~0 ~ by (LIST ~ PE~0N ~vi~nessed each signature on th~ crote~t oetitign, 5hirley~C Sink ak~onnie Sink Co~ss~on E.~H S lC~TU~E MUST BE (Rev. 7/86) MINUTES SALINA CITY PLANNING COMMISSION CITY COMMISSION ROOM October 2, 1990 4:00 P.M. MEMBERS PRESENT: Brungardt, Anderson, Denton, Hardman, Haworth, Kline, Larson, Morris and Seaton MEMBERS ABSENT: - DEPARTMENT STAFF: Dudark, Andrew and Stock OTHERS: Greg Bengtson, City Attorney Chairman Brungardt called the meeting to order at 4:00 p.m. #1. Approval of the regular Minutes of September 4, 1990. Chairman Brungardt asked if there were any comments or corrections to the minutes? There being no comments or corrections, the minutes were approved as submitted. Mrs. Denton arrived at this time. #2. Application #CU90-7, filed by Merle Hodges. Mr. Dudark stated that this is a conditional use permit application to allow a medical office in an R-3 (Multi-Family Residential) District. The property is addressed as 655 S. Santa Fe. The property consists of two lots and part of another lot. Frontage is 135' on Santa Fe. The existing zoning is R-3 (Multi-Family Residential). The property is a vacant church building that has been established since 1947. The zoning is primarily R-3 Multi-Family to the north and south and to the west across the street are single-family homes and to the rear and east of the property along 5th Street is R-2. The site is north of Crawford between Crawford and Prescott on the east side. In the R-3 district, professional offices are a conditional use which requires a permit from the Planning Commission to establish that use in that zone. Staff has examined the requirements for a conditional use permit and those are met by lot size, setbacks, coverage of the building on the site and parking. There are no nonconforming conditions. All the requirements have been satisfied for the Planning Commission to consider this request. The plan that has been submitted is to use the existing church building and add an entryway of 10' X 10' to have a weather-enclosed area before you enter the building. The parking will be in front of the building between the church and the frontyard setback line which is 25' from the right-of-way line by the sidewalk. There are 30 parking spaces which meets the requirements for the use. The parking standards are 3 parking spaces per treatment room and one per doctor and one per employee. They are planning on having 6 treatment rooms which would be a total of 28 required and they show 30. Landscaping is planned around the entryway with trees and landscaping in the front yard between the parking and the sidewalk. There will be shade trees and low shrubbery to buffer the parking and cars from the street. The existing driveway shown will be removed and an entrance and exit drive would be built on the north 40' of the property. Each side of the parking lot would be screened from the housing on the north and the south with a 6' solid wood fence, which is not required, but is proposed. The question is whether or not this use and this proposed plan is compatible with the neighbors in design so as not to substantially injure the use and enjoyment of surrounding properties. The traffic situation along Santa Fe now carries 11,700 cars per day. This use will generate additional traffic. Staff has determined that there would 187 vehicle trips in a 24 hour period generated by this use. This would not be a substantial increase on existing traffic. He stated the alternatives listed in the staff report. Staff recommends approval of the application subject to three conditions. The first condition is that no expansion of the building be permitted beyond the dimensions shown on the site plan. The second condition is that no parking be extended into the required front- yard setback area in the future. The third condition is that signage be Salina City Planning Commission October 2, 1990 Page 2 limited to one unlighted ground sign plus one wall sign as permitted by the city code for conditional uses in residential districts. Mr. Hardman asked what enforcement is there so that no expansion is permitted beyond the dimensions shown on the site plan? Mr. Dudark stated that there would be no building permit issued for any building addition to the building unless the commission approves a conditional use permit that showed an expansion and there was notice to surrounding property owners and a hearing. To do that, the commission would have to lift this condition. Chairman Brungardt asked if the applicant would care to make a comment regardirJg this application? Merle "Boo" Hodges, 100 Mt. Barbara, stated that he is a co-owner of the property of 655 S. Santa Fe. He stated that he would like to refresh everyone's memory about the chronology of their search for a home for their office. Dr. Marshall was here last month trying to get the Falta building and as they saw that it was becoming increasingly unfeasible, they knew that they were not going to be able to make anyone happy and would not be able to get the conditions met, they started seeking other alternatives. They looked into the Westerr) Auto building and the Firestone building and they were both unattainable in the time period they needed. They looked into alot of other properties downtown and nearby and this was essentially for various reasons, the only one that looked good to them. They were approached by John Heline and he thought he had a building that was perfect for their needs, both present and future. They talked to some of the neighbors at that time and they were totally in favor of a professional office as they thought it was an eyesore and it would help that property. They went ahead and purchased the building. After they bought the building they found out there was some problems from the neighbors with what they were doing. They called a neighborhood meeting to try to work with them and make it as nice as possible. This site plan is a combination of suggestions they got from the meeting and as well as suggestions from plannif~g staff. This was as acceptable plan as they could get from the neighborhood meeting. They have made every attempt to include the building suggestions regarding the present zone. Even though this building is not totally similar to buildings in the neighborhood, this building has been there since 1947 and he does not think any amount of renovation would make it look like at 1900 victorian home. It would be an excellent thing to be there but this has been there since 1947. This is a 7,000 sq. ft. building and has everything they need and they prefer to make it look better and to landscape it and make it look nice. Their hope is that they would go in and not disturb anyone in the neighborhood. They are hoping to take ~ neglected property and develop it to be an attractive part of the neighborhood. Chairman Brungardt asked if there were any interested persons who would care to make a comment regarding this application? Imagene Campbell, 683 S. Santa Fe, stated that her home is south of the church. She stated that her home is 104 years old and is the first house placed on the heritage conservation in the City of Salina. Ten years ago the residents on Santa Fe faced a dilemma about a professional establishment to be located in a historic house. The immediate community came up in arms about this and it was not allowed. Here we are today, a decade later, with the possible changing of zoning so a medical clinic can be allowed in the middle of a residential neighborhood. She has lived in Salina for 12 years. The church created no problems for her. Traffic on Sunday and perhaps in the evenings and that was it. She thought the church would always be there. Salina has not always preserved its past. Years ago the powers that were in command initiated and put in place two questionable judgements. Zoning was very open. A church was built not as a traditional-designed church but with the look of a plain building. This leaves the building very vulnerable as with the outcome of the Santa Fe residential district. This is not a 600 block problem. The citizens of Salina should be a partner in protecting what they have left. Does she think the doctors will take care of the property? Of course. The issue is the changing of zoning. This is a Salina City Planning Commission October 2, 1990 Page 3 crucial one not just for today but for future years to come. If it is changed, it might be with extreme lasting implications. She stated that she is concerned, just as we all should be, about commercial expansion. Houses on the block can be raised and it may open the door for other ventures to enter their domain. Look at the 500 block at what has happened tn the past few years. Houses that were there are no more. Individual heritage listing of homes has been mentioned as an alternative on this block. She urges the heritage commission to act. When these-problems arise it is up to the homeowners to solve. This is a situation that we as a city must address together. They need umbrella protection put on this area. They need the legalities that guard them and they need them soon. Today is the day of new reality. After the use of all the energy present, how could they come up with a valid plan? They chose to ltve on the street and spend their lives in their homes. They do not wish to worry about professional buildings or apartment complexes ever to be built. We can not afford any longer to be naive and assume that the worse will not happen. We are in a time of constant change. Let's change for the better with protection in place. She is but one voice. She wishes for her neighbors and neighborhood a positive solutton to this problem, a solution we can all live with. Chairman Brungardt asked if Mrs. Campbell is aware that the commission is not hearing a rezoning but a conditional use permit? Imagene Campbell stated some sort of a change. John Marietta, 760 S. Santa Fe, stated that he has some slides to show. He showed the commission slides of the Santa Fe area. He stated that he is the chairman of the Heritage Commission. He is not here in anyway showing representing the Heritage Commission. He is here as a private citizen concerned about this historic neighborhood. He stated that when he was a teenager and walked back and forth to North Junior High he walked past the building that used to be on the corner of Prescott and Santa Fe. It was a large red brick home and was quite an impressive structure. He remembers the home being raised and thinking to himself "somebody should do something to stop this kind of thing from happening". He stated that today he is that somebody and is trying to keep this from happening again. When you have alot of medical offices go in, you have real estate speculation and development. As the signs went up in the Fountain of Life church yard, realtors began knocking on doors up and down 5th Street. It would appear to him that real estate speculation is already beginning. Church's exist compatibly with residential areas. This church has been here since 1947. It is interesting to note that it has not expanded on the neighborhood. Medical clinics expand and take over adjacent properties. There are alternatives for the two physicians. Statcare would be willing to temporarily house the two physicians as they are on tight time schedules. This would be a possibility. There are other commercial buildings downtown. He also said the old Tony's building, the Huntsinger building and the Firestone building are all available. The building north of Harbin's clinic is for sale. Dr. Falta is considering an application for commercial or C-1 zoning for his property. Once you get in, why should you stop. He stated that the home next to the church building is national register quality and could make it on. The house north of the church is definitely eligible to be a national register property in his opinion. He stated that the property at the corner of Crawford and Santa Fe is a property that approximately 10 years was considered for a change so that an office could go in there. This was repelled and the zoning board did not approve it. At the time, this was an ideal property for that because it was multiple-family and had apartments and was considered going downhill. This is now a single-family residence and is on its way back up. The question is do we want to endanger these landmarks? Restoration is going on up and down Santa Fe. These are properties that will probably eventually go on to be national historic register homes if we allow them to. The process is slow and we have to give them time and protect them. He showed the Prescott home. The Prescott home was once a boarding home and the lot next to it was considered for a trt-plex and another time for a parking lot for Sears employees. This was just a vacant lot and it would have been deemed an improvement in the short-run to develop this property. Look at it now, who could question Salina City Planning Commission October 2, 1990 Page 4 the effect a parking lot would have on that structure. The lot has helped maintain the historical integrity of the home. After showing the slide presentation, he stated that he does have some points that he has noted in the Future Land Use Plan. Plans are designed to truly meet the needs of enhancing the lifestyles of local citizens. Three elements need to be incorporated. One of the elements is local attitudes. He stated that he would like to go over what is called land use extranalities. One of the primary reasons planning and zoning was created was to control what economists call land use externalities. The use of land often has impact beyond a particular piece of property. This impact is often not included in the property owners decision-making process because it is external to the efficiency and profitability of the property being used. External costs can be eliminated by separating incompatible land uses and buffering them from each other. Strong neighborhoods enhances property values. Neighborhoods are the building blocks of the community. Strengths or weaknesses directly affect the community as a whole. General objectives in neighborhood design that are sought after are immagibility. Easily definable edges or boundaries without eternal barriers tend to break it up into subareas. He feels we would be breaking this area up into subareas. Without immegibility, it becomes more difficult to organize and support neighborhood causes and to prevent the encroachment of incongruous uses. Incongruous uses are generally referred to as commercial encroachment into residential property. General objectives that the community as a whole should strive to achieve are legibility. The residents of Salina and visitors need to recognize the pattern of development. This is outside that pattern of development. Efficiency. We need to retain sufficient clustering of similar uses. He feels we are not clustering similar uses, we are starting to spread them out. Planning principles. These principles outline general relationships between various districts and land uses which, if followed, will improve development in the city of Salina. Land uses of differing intensity should generally not be intermixed. Even though this property is zoned R-3, around the church is still single-family residences and is not broken up into apartments. The homes adjacent to the clinic are single- family residences. He feels there is a difference in intensity between a medical clinic and a single-family residence. He thinks that what the zoning ordinance was intended so that if you have an apartment complex, you can put a medical clinic next to it. Residential development should be located and developed in a manner which enforces the neighborhood structure of the community. Single-Family residences with a lower intensive land use should be buffered from higher intensity land uses. Buffering is described in the next paragraph. Multi-family development can not be an effective buffer between single-family residences and neighborhood commercial centers and other commercial uses. Neighborhoods should be easily identifiable and definable if they have a unique physical character or architectural style. He can not think of an area of town that has a more distinct architectural style than this one. Under the developmental policies, policies are specific enough that they can be construed in the day to day evaluation. Evaluation of development proposals should be submitted for review and evaluated determining its compliance with each of the developmental policies. Conflict should be resolved using the best judgement of the Planning Commission. Developmental policies should be complied con- sistently. Since the house at the Crawford and Santa Fe was denied zoning, he feels it is inconsistent to approve a conditional use for this area and allowing a commercial enterprise in this area. General development goals talk about curb-cuts that shall be kept to a minimum. If he was going to build an office on a corner it would have to be on an access street. Even though his business would contribute significantly to the amount of traffic, access would still be restricted to a major arterial. The same criteria should also be applied to S. Santa Fe which is also a major arterial. We need to consider design elements to assure the character of the community is preserved and enhanced. His biggest fear is that adjacent homes will be bought for parking lots and razed after they become buffer housing. This is a real possibility. It has happened in the 500 block. Why wouldn't it happen here. He is not saying it will happen with the present owners but it may happen with the second generation of owners. We do have to address the future. Under housing goals, we need to recognize and maintain the particular residential character of the existing area. Land uses which create exceptional amounts of traffic should be separated from residential areas. This use will generate traffic in a substantial Salina City Planning Commission October 2, 1990 Page 5 amount. He finds most interesting the commercial goal. We are to encourage the development of business downtown. Boundaries of adjacent residential neighborhoods should be clearly defined and we should discourage spot- commercial zoning. There is a part in the zoning code that says you can use lot lines as a boundary. Some of you feel boundary lines are streets, rivers, etc. But it is stated in the zoning code that lot lines can be boundaries between commercial and residential. Non-neighborhood commercial development shall be encouraged to locate-in other commercial centers and not in residential areas. We should discourage the expansion of strip- commercial development along the major streets of the city. Single commercial uses string out along streets. The Salina Central Business District stretches all the way to Prescott. It says that this area should be allowed to expand slightly to one-half block east of the railroad tracks on 4th Street. It further states that surrounding residential neighborhoods should be protected from the constantly encroaching downtown. Boundaries should be established to prevent the blighting effect of commercial expansion on residential areas. It is agreed that it will have a blighting effect on commercialization of the residential neighborhood. Existing commercial areas are shown to accommodate expansion. He feels areas are provided for commercial uses and are adequate. The application says it will not cause substantial injuries to the value of the property in the neighborhood. It is common knowledge that medical clinics tend to discourage single-family residential uses adjacent to them and become non-tenant owned properties and are divided into apartments and at some point they become neglected, not always, but usually, and it gets to the point that where it is easy to approach the zoning board and say that these homes are in bad repair and it is time to raze them and it would be better for them to come down. The decision made today affects the long-term longevity of those homes. In conclusion, he would like to say that the long-term harm to the neighborhood would be evident in 20 years. In short-term, no. In long-term, yes. He is sorry the opposition to the clinic has been taken personally by the physicians. That is not his intent. His intent is to protect this neighborhood. He hopes the neighborhood can stay united and leave this issue behind them once it is decided as he feels they have a good neighborhood here. The zoning board does have the future in mind in planning this. He does want to apologize to the board if they felt he harassed them when he called them Sunday evening. According to Dr. Marshall, three out of the four commissioners did call him and complained that he harassed them. He apologizes if he had done that. He was under the assumption that free access to the commissioners was the way it was for the City Commission where he would call if he had an interest. He is not sure what we need to do but he apologizes if he offended anybody. He feels the community good must supersede individual goals. He feels this medical clinic will impose a threat to the neighborhood. Long-term wise he can see the eventual commercialization in this area through the vehicle of a medical clinic. This is not good. A church use is compatible with the neighborhood and will not cause must damage. Since 1947 there has been no changes in boundary lines. With the Harbin Medical Clinic there has been large changes. Mr. Hardman asked if in a nutshell Mr. Marietta's primary concern is the possibility of expansion? John Marietta stated that that is correct. What he understands, according to the staff report, staff has recommended non-expansion of the building. That does not mean that you can not expand your property lines and parking lot. That does not mean that you can not buy an adjacent property or for example, a real estate speculator could buy an adjacent property and raze the home and have a vacant lot for a couple of years and then say it would be better to have something done with it and a parking lot is put in there. As far as he understands, there is no legal vehicle that can absolutely guarantee that this clinic can not expand. Because it can. Mr. Dudark stated that he wants to clarify one thing. Any expansion of the parking lot on this site or any additional properties would take conditional use permit approval. Chairman Brungardt stated that for expansion you have to throw a big "If" in. There would have to be another hearing. Salina City Planning Commission October 2, 1990 Page 6 John Marietta stated that is correct. But in the future that will be very easy once these properties become multiple-family homes, it will be easier to expand into them. Vice-Chairman Seaton asked if the Heritage Commission considered taking a position on this issue? John Marietta stated that the Heritage Commission does not meet for another two weeks. The Heritage Commission meets quarterly. Mr. Hardman asked if there are any similarities between this situation and that of the Harbin Medical Clinic parking lot? Mr. Dudark stated that that parking lot is zoned C-1 commercial. The Harbin clinic has grown within the zoning of the site that is permitted. The parking lot on 5th Street required a conditional use permit for an accessory parking lot to support the clinic. Mr. Morris stated that expansion of the clinic was permitted under the C-1 zone and that would not be the case under this particular situation. Mr. Dudark stated that the Harbin clinic completed multiple expansions simply by applying for a building permit. Expansion of this would require lifting of this condition and explicit approval of another conditional use permit. Diane Tweedy, 645 S. Santa Fe, stated that she was approached by Dr. Hodges. She stated that she has no objections. She stated that Dr. Hodges told her he would put a fence along the property line. Dr. Hodges agreed that he would put up wrought iron fence to blend in with the neighborhood. She is very proud of her home and she loves her home. She has had the church next door to her for 8 years. Alot of times during a meeting, children were running through the yard. A doctors office will improve the area. Tim Null, 636 Highland, stated that they just went through this same thing on Highland Street with these doctors. It was zoned for a conditional use permit which allows a doctors office. The zoning board gave the doctors approval to put a parking lot on Highland Street. He was only going to use the back 75' but if you start razing houses around this with a conditional use permit, it has already been stated at this hearing that that would be no problem if the conditions were right. The example has been set. You can not say it would never happen because it did happen a few weeks back. This neighborhood has great concerns with what is happening to their neighborhood just as they did on Highlafid. A precedent has been set. A conditional use permit was approved for parking around neighborhood areas for doctors offices. It can happen any place. Nancy Hodges, 850 S. Santa Fe, stated that they chose to live in Salina and love it very much. They love South Santa Fe. They moved from the eastern part of town to S. Santa Fe when the first house they liked became available. They have lived there for 20 years. They are in the process of forming a legal incorporation with the Secretary of State and the S. Santa Fe residents stretching from Prescott to Republic. They also have in the hopper getting the neighborhood from Prescott to Republic zoned heritage conservation district. They have gone through a number of steps. She hopes no one works for Century 21. Century 21 had alot of "For Sale" signs on S. Santa Fe so they started the process of rezoning as many homes as wanted to be from R-3 to R-1. Most of the homes in the 800 block and many in the 500 block were zoned back to R-1 to prevent the selling of apartment buildings. We are doing alot of things on S. Santa Fe that will assure the neighborhood remaining intact. This is a very unique neighborhood as it has alot of historical value. She does not have any financial interest in the clinic except it is her baby that is buying the building. The church has been an eyesore for along time. The building that is proposed would enhance the neighborhood. She feels her son would be considerate with things that would affect their property values as he is a property owner on S. Santa Fe. Salina City Planning Commission October 2, 1990 Page 7 Pastor Nick Hollis, 640 S. 5th, stated that the issue he is gotng to talk about fs not accepted by many people that may be here. The issue is a fact of the bustness that is in question. Part of the conditional use would be that the business that goes in there would help the community as a whole and fit in and be accepted. As a pro-lifer, the abortion issue because of the doctors performing the abortion, and hfs understanding as somewhat of a leader of that irt this community, he would stand in opposition because he is within 50' - 75' of thetr business and hfs-back yard. Abortion in its legal term is that of killing the new off-spring. That bothers him as a citizen in this community. He ts in agreement with everything John Marietta spoke of and he does not want tt to expand. The two neighbors to the south of him were both contacted by a realtor who offered them money if they were interested in selling their property and to make a parking lot possible for the clinic. It is such a practice of expansion that these people who Dr. Hodges has stated has nothtng to do with them and have not made contact with them because they recognize the value of trying to buy adjacent property that would enter and exit on 5th Street would be worth their purchase and time of investing money. The abortion issue troubles him and troubles others. He would ask that the commission consider that it is not similar to a church and is a long way from it. A church promotes life and these physicians promote and practice death. Chairman Brungardt stated that he is not sure that is a fair character- ization. He asked if Mr. Hollis realized that is not an issue that is before the commission and perhaps the City Commission would care to hear that. Nick Hollis stated that he realizes that. He stated that the feelings and concept of the community should be applied in considering this application. From that, he stbnds in opposition. Even though it may not be an issue for this board as a legal matter of yes or no but as a citizen and homeowner in that community. Mr. Hardman stated that from that point Mr. Hollis would be in opposition to the physicians practicing anywhere in the community. Nick Hollis stated that he would. It makes it more extreme because it is right in his back door and not in a downtown area where other doctors are. He can not, as far as the state laws are now, do a whole lot but because it is an issue of today, this is the opportune time for him to speak his opinion and to stand and ask the commission not to consider this request. Twila Snyder, 626 S. Santa Fa, stated that Dr. Hodges made a point of calling a meeting with many members of the neighborhood. At that meeting, which she was unable to attend but her husband did, they expressed concerns of property values. She thinks Dr. Hodges has a sensitivity that way that makes her feel good as far as having them as a neighbor as opposed to having another business as a neighbor. Her concern is that she is not sure that we have in the system a way of preventing expansion. She does not believe from Dr. Hodges comments that he plans to expand. Since they plan to retire and die in their house, she is looking at 50 years from now. If she could be assured from the future board that they would not expand, she would have no objections to the conditional use. Mr. Dudark stated that several landowners have raised that question as to what could be done to prohibit the future expansion of medical clinics. There are two basic things that could be done. One would be to downzone the homes from R-3 to R-1 single-family which would remove the possibility that any additional conditional use application could be applied for and convert those structures into professional offices. The second option would be to remove professional offices as a conditional use in the R-3 multi-family zone. Either one of those things would change it. The heritage conservation district overlay would not do that. It would not have anything to do with the underlying zoning, it would only deal with the architectural style of the building. In 1977 there was a C Apartment House zone which was changed to the R-3 Multi-Family Residential zone. At that time, professional offices was not a listed conditional use in the C zone. In 1977 professional offices was added. Perhaps we need to go back to the 1977 ordinance and take out professional offices in the C zone. Salina City Planning Commissior~ October 2, 1990 Page 8 Twila Snyder asked what they need to do to change that? Mr. Dudark stated that the d~cision would start here and a recommendation would be formulated if that were the desire. It would be submitted to the City Commission for the final decision as to whether or not to make that change. If you changed professional offices in R-3 it would be in R-3 everywhere in the city. If you downzoned, it would be just on the property affected by it from R-3 to R-1. - John Marietta asked if there is nothing to prevent this property from upgrading to a C-1 zone in the future? Mr. Dudark stated that the Planning Commission and governing body can not make decisions for future governing bodies. Every property owner has a right to come forward and make an application. It does not mean it is automatically granted. John Marietta stated that if the Planning Commission at that time d~cides that this neighborhood is in bad shape and needs change and needs commercialization, then once that recommendation is made, it usually goes. Is that correct? Mr. Dudark stated that there would be notification and a protest opportunity which would trigger a super-majority, a 4/5 vote from the City Commission, to make the zoning change. It is not absolute and thure are built-in protections. John Marietta asked realistically, how often are zoning changes denied? It seems very rare that a zoning change is rejected from this zoning board. Mr. Dudark stated that some of those applications are screened by the applicant and some are screened by the staff through discussion. The success rate is higher because of the previous steps. Chairman Brungardt stated that Mr. Marietta gave the commission an interesting seminar as to some of what goes into a staff report and some of the documents that are of issue and to consider. When you get to this point, most of the problems have been taken care. People can disagree but all applications receive the same scrutiny as Mr. Marietta outlined. Ltz Wtnship, 736 S. Santa Fe, statud that she has no further oppositions other than what has already been stated. She agrees with John Marietta and Reverand Hollis. Susie Marietta, 760 S. Santa Fe, statud that she has a couple of documents that she would like to pass out to the commission to look at while she is speaking. These refer to research regarding rezoning of certain properties similar to this is town and in other cities. She stated that her main concern is the commercialization of a single-family residential neighborhood. This does not necessarily mean the expansion of this clinic but the precedence that we are setting and the inability of the board in the future to adopt commercialization of this area due to the effect of a medical clinic and commercial business within this area. She apologizes for her shaky voice as she has not had alot of public speaking and is an amateur. She would like to present to this board her concerns about how they apply to this application for a change in use permit and the process we are undertaking to resolve this. Her understanding of this process is that a change in zoning or change of use permit is applied for, a hearing is held and a decision is rendered by this board. If the application is approved, an appeal by 20% of the residents in the concerned area, the appeal will be heard by the City Commission who make the final decision. Should this be approved, the next step is to file an injunction and have this heard in a court of law. She has done reading of cases which are similar to the one at hand. The district courts' power's are limited to the lawfulness of the action taken and the reasonableness of such action. Let her address the lawfulness of the action first. In a ruling by the Supreme Court of Kansas, the court stated that about special permits, the requirement of a special permit enables the governing body of a city to maintain control and regulation over uses permitted within a zoning classification of the zoning ordinance. This procedure is designed to ensure that the special use would Sa]ina City Planning Commission October 2, 1990 Page 9 be reasonably compatible with the character of the neighborhood and the surrounding area and would not adversely affect surrounding property owners. She believes the submitted application does say that putting this In will cause ham to adjacent property. Another point she would like to make regarding lawfulness of the action is the subject of spot-zoning. Spot- zoning was considered in the case of Cauflin vs. the City of Topeka where the court stated that spot-zoning is a descriptive term rather than a legal term. Spot-zoning is not necessarily invalid, Valtdity depends on the facts and circumstances surrounding each case. Spot-zoning generally refers to singling out a small parcel of land for use classified differently from the surrounding area primarily of benefit to the owner of property so zoned and to the detriment of the area and the owners therein. In such cases, zoning may be declared unreasonable and invalid. The Supreme Court of the State of Kansas in Cauflin vs. the City of Topeka considered about 23 factors many of which directly parallel the application at hand. Among these being the incompatibility of a medical clinic with a residential neighborhood. The commission may wish to review this case themselves. She has provided the commission with a copy. Chairman Brungardt asked if Susie Marietta understands they are not a court of law and not legislators but we are functioning within the ordinance of the city of Salina. Susie Marietta stated that she absolutely understands that. Mr. Morris stated that the cases Susie Marietta has given the commission are in regard to rezoning and are not of interest to this case. Chairman Brungardt stated that he understands her background and he appreciates the work she has done but it does not speak to the issue. We want to know what your concerns are. Susie Marietta stated that these are her concerns. She asked if the commission would allow her to continue? Chairman Brungardt stated sure. Susie Marietta stated that the second power of a court in deciding an issue such as this is reasonableness. She would like to address this by way of using the Golden Factors which are in front of the commissioners. This talks about the character of the zoning of the neighborhood. The character of the neighborhood is a historic district on a major street in Salina that is on the rebound. Alot of these homes were on the rebound and were diviUed into duplexes and apartments. Recently, a number of these homes were renovated and a number of them are in the process of being renovated. Slowly the neighborhood is improving. Number 2 is the zoning uses of the nearby property. Right now the zoning of the properties is R-3. That may be but they are being used by single-families, owner-occupied homes. Number 3 is the suitability of the property for the uses for which it is restricted. This church has been around since 1947 and has been suitable for that purpose. She does not see any big changes in that. Number 4 is the extent to which the change will detrimentally affect nearby properties. That is well documented in putting a commercial business next to a single-family owner-occupied home. The length of time the property has been vacant in the zone. Her understanding is that the property has been vacant for 6 weeks. Many church's average a year or several years before they are resold and reused as church's. Number 6 is the gain to the public health, safety and welfare as compared to the hardship imposed on the plaintiff if his request were denied. She understands that Dr. Nodges and Marshall need a place to practice. She is not begrudging them this right. She also understands that they are under the gun and have a deadline to meet. She also realizes that they have had well over 2 years to work on this and there are other alternatives available in properties that are presently zoned commercial that would welcome their entrance in there. As far as the deadline, there are places that could accommodate them long enough for them to develop their practice outside of a residential neighborhood. This will have a detriment to people in the neighborhood. Some of the people in the neighborhood are on fixed incomes and their home is their major investment of their lifetime. To decrease the value of that Salina City Planning Commission October 2, 1990 Page 10 home means a major economic threat to those residents. Number 7 is the recommendation of professional planning staff such as in the Land Use guide, and it has been brought up that this is incongruent with that. Number 8 is the conformance of a requested change to the city master comprehensive plan which it does not conform to the master plan. In light of the above facts, she urges the commission to deny this request for change in special use permit. She thanks the commission very much for their consideration. She is not trying to play lawyer but she feels these are important points that the board should consider should this go on down the line and points that will be considered when other people live in this neighborhood. Melissa Hodges, 100 Mt. Barbara, stated that she would like to share with the commission the agenda of the neighborhood meeting. She passed out the agenda to the commission. The first is to remind the commission that this is a 6,000 sq. ft. commercial property. She will not deny that it is a blight in the neighborhood. They have the opportunity to upgrade it into something that would be more compatible aesthetically with the neighborhood. We did try to encourage the property owners to consider rezoning back to R-1 or to apply for heritage conservation zoning and passed out forms at their neighborhood meeting for them to look at. In every historic district there are non-contributing properties. They are not going to expand or stand in the way of any historic district. They encourage the property owners on S. Santa Fe and would encourage a historic district to go in there. In any historic districts you will not have 100% compatible contributing properties. This is where this falls. This is a zoning decision of 1947 that we are dealing with. She does not feel that a doctors office will be that incompatible with the neighborhood. John Heline, 2064 Leland Way, stated that he was the realtor involved in the sale of this particular property. He heard a number of comments regarding potential real estate speculators out attempting to purchase property. Realtors contacted people in the neighborhood with the intent of listing their property. He personally traced down the source of the calls and found the real estate company that was doing that was going through the normal process of canvassing the neighborhood for listings. There was no intent or thought of the doctors buying it for a speculative purpose. Those of you who are familiar with the real estate operation will find that some companies make a practice of targeting particular areas at particular times to obtain listings of properties. The real estate company has assured him that it was not an attempt to purchase for speculative purposes. This property is zoned R-3. Staff could very quickly tell you that the amount of increased traffic that happens should this be devoted to apartments which it is zoned right now and would be a much greater density that these folks are asking for. The property is there. This is not a situation in which they are demolishing a building and rebuilding it. They are reshaping a building that does need some care. Some of you may have noticed during the summer that there was grass there that was a foot tall. This is not attractive to the neighborhood. That could be a blight over the property for a long period of time. The zoning ordinance is well put and does provide for flexibility. In the wisdom in providing conditional uses, it was very thought out that these uses, for the most part, would be compatible with a neighborhood. This is a very good process. We are not rezoning. There seems to be alot of talk about rezoning. This is allowing for a specific use with a specific plan as presented to you. He feels the neighborhood will be better maintained with property owners who are very concerned about th~ upgrading of the neighborhood than leaving it open to whatever may happen to it. Zella Wanamaker, 646 S. 5th, stated that her problem is drainage. As it is now, all the wdter that comes off the building comes in her back yard. Adding concrete to that will make it a greater problem. There are about 8 homes for sale up and down her block so she does not think they need anymore for sale. Mr. Dudark stated that Santa Fe is below the sidewalk and the yard.. this parking lot is built, it would drain to the west into the Santa ~Fe area. R-3 zoning is intensive zoning for multiple-family development. This property could be covered with additional buildings in the R-3 zone. There is very little that can be done about an existing building with the drainage. The drainage will go to the west to Santa Fe and not towards the east. Salina City Planning Commission October 2, 1990 Page 11 Nancy Klostermeyer, 656 S. Santa Fo, stated that her concern is the neighborhood environmental impact of cement vs. grass. The prospect of a large solar heat collector and the rain runoff vs. percolation and running into Santa Fe, we all know that when there is a large rain, the intersection does flood. In an unusual rain, it has flooded as far back to their house and to the back yard because of insufficient drainage to the north. The flooding situation could be a contributing factor there. The prospect of regular traffic vs. sporadic traffic which has been the pattern for the 20 years they have lived there. She is concerned about the Future Land Use Plan. From what she understands, when the property at the south end was defeated, the commercialization was to end at Prescott. This is in contrast with that. Whatever the outcome, she would like to reiterate the suggestion that the Planning Commission initiate an amendment to the zoning code to eliminate professional offices as a conditional use in the R-3 zone throughout the city. She would do whatever is necessary to help with this process. Ken Klostermeyer, 656 S. Santa Fe, stated that they have lived in the area for 20 years. He has been concerned for a number of years with conditional use permits and the affect on surrounding areas. The slides the commission saw previously are a number of those cases. Conditional uses were put to use for a very nice two-story structure on 5th Street. A conditional use for an office building to go in there which was surrounded by a number of homes. Because the office building needed additional parking space, property was purchased and a parking lot was put in. Because of the blighting of the area that took place, it was deemed that it be rezoned to R-3. Conditional use does have a detriment to the neighborhood. Consequently, Consolidated Printing went into the area. The Harbin building which was compatible at one time. It was not always zoned R-3 but was rezoned to commercial. Across the street apartments were put in. The hospital is spreading their property with parking lots across the area. It has been mentioned that that particular property is zoned R-3. However, it is worth mentioning that the majority of the neighbors are single-family and the reason it has been alluded that we have rezoned to R-1. Being concerned with the neighborhood we live in, there are widowers and people with fixed incomes that in their retirement years, wanted the opportunity to rent out the upstairs for extra income. If they rezone to R-l, that is not a possibility. We have to take into consideration who we live adjacent to and make an effort to work on that basis. It does not take long for a conditional use to change and go to commercial with what appears to be taking place in an area. He has lived in other communities before coming here and similar things have happened. Zoning and Planning Commissions have set up conditional use for the purpose of allowing an encroachment, not by intent, of commercial properties in a given area. It does provide for downgrading of the property because of commercial aspects and homes were sold out to compete with the commercial market. The Planning Commission needs to seriously consider what will happen to that area if you take a jump where commercial terminates on Santa Fe and jump 4 - 5 properties to this church which was conditionally zoned for a church. He feels it should remain within that zoning and allow a church to come in and deal with it on that basis. With past experiences on allowing conditional use change, immediately there has been 3 - 5 years in blighting the neighborhood and the downgrading of the surrounding area. Santa Fe Days took place not long ago and one of the primary emphasis was the tour of the homes starting at Prescott and going south. A medical clinic is a commercial venture but is not a property to be next to a home owner. Joyce Marts, 666 S. Santa Fe, stated that she came to this meeting opposed to a conditional use permit being granted. It appears to her that the establishment of a business at the Fountain of Life church grounds opens the door for future growth of commercial-type establishments. Once this door is open enough for someone to get their foot in the door, it will be more difficult for those who live across the street to have future say and future action. She takes a stand because it seems that if earlier day residents had taken a stand to stop commercial growth, we would not be here today. She finds it important to look to the future by conserving the homes and the historical value in their block now and not having residents in the next 10 years facing the problems we are facing today. Her 600 Salina City Planning Commission October 2, 1990 Page 12 block has several new families, some with children. Approximately 10 families have chosen to buy these stately old homes to become their new homes. She doesn't suppose the commission cares but Twila plans to die in her home and you don't care but it is 35 steps from driveway to the top of her third floor and every box that she carried up there was 35 steps up and 35 steps down. The block has undergone some good restorations. A commercial business in her front yard does not inspire me to be a homeowner with grand plans for her home. Last year-when she narrated on the trolley for Santa Fe Days, the trolley was always full of people and there were people standing on every street to try to get on to see the homes. This year, the equally popular tour was a walking tour and there was a constant flow of people showing interest in the restoration of the homes. Residents and viewers were interested in buying homes with history along Santa Fe. Santa Fe has always been shown as a show case of good homes. Action taken here today will affect the business row in their 600 block of S. Santa Fe. Not tomorrow, nor next week, nor next year will the bulldozers be leveling their homes. Maybe not even when she is a little old lady living in the three story house she owns. Allowing a conditional use permit for a growing business will undoubtedly need to expand in their lifetime to be established on the church property does open the door and allow future prospects to look at their lots with a gleam in their eye and hope the foot in the door will allow them to have a prime area of future development. Connie Sink, 660 S. Santa Fe, stated that yesterday one of her younger neighbors said to her "At your age, what do you care what happens to the 600 block of S. Santa Fe?" She thought about it and thought why she cares. For many years she lived 125 miles north of here but she always dreamed of coming back to Santa Fe and living here. Her husband went to college 43 years ago and they walked up and down the street and Santa Fe was something. Seven years ago they bought the property on Santa Fe and they worked hard on it and she now has her papers ready for the Heritage Commission. They do not want a business to come in across the street and devour the rest of their 600 block. Another abuse has already been done to the 600 block and they want to salvadge what is left. Merle "Boo" Hodges stated that he has been characterized by this neighborhood group as a slum lord, a wretched abortiunist, an ever- expanding octopus that will destroy the neighborhood. He resents this highly. He is merely trying to fit in in a place where he feels he will improve the neighborhood and where it is totally compatible with the zoning. He would ask the commission to get through the rhetoric and get to the basic part of this which is they are trying to fit in and they have gene overboard in trying to beautify their lot and they have absolutely no interest in ever expanding anywhere else in the neighborhood. Mr. Morris asked how many neighbors were invited to the neighborhood meeting? Merle "Boo" Hodges stated everyone on the 200' radius list Bob Wasko supplied them with. Mr. Morris asked how many attended? Melissa Hodges stated approximately 25. Connie Sink stated as of 2:15 p.m. today there had not been a building permit issued for them to raz the building and they have been razing it for 3 days. Mr. Dudark statea that we did get a call and Mr. Peterson, the building official, went down to the property. The contractor was removing some materials inside the building. Mr. Peterson informed him that he did need a building permit for that and the contractor proceeded to come to city hall and get that permit. The permit was issued with a penalty because they started without a permit. He now can legally do that even if this application was not even filed. Chairman Brungardt asked if the commission would care to take action? Salina City Planning Commission October 2, 1990 Page 13 Mrs. Denton stated that as the Planning Commission's representative to the Heritage Commission, she is really excited to see the interest in heritage conservation. She sincerely hopes that they will see these people meeting for the heritage conservation meeting and applying to have their homes included on the list. Sometimes we meet rather lonely in this room with just the commissioners and it would be a real pleasure to see people coming forward with an application to see their homes on the register and be worth creating a historic district. One of th~ things that would strengthen the neighborhood is getting a designation on tho properties. Zoning is not a lifetime venture. There are ways of changing zoning and there must be ways of changing zoning if we are to allow people full use of their properties. None uf you would like to feel that your options are closed when you have purchased a piece of property and that you must keep it in that way even in the face of changing conditions. She would like to see protection for these historic structures through the mechanism they have set up with the heritage conservation program and she strongly supports that and is hopeful that maybe this interest will continue to burn so they can get designation for these historic homes. The things that have happened in the past were a travesty. We have lost many valuable historic properties in the city of Saltna. Unfortunately, there is nothing we can do. They are gone. In this instance, she would hasten to say that we are not talking about raising a historic structure. We are talking about something that is going to be historic before too long. It is a church building and not a residence. It was built in 1947 and we are talking about adaptive reuse. She finds it hard to believe that with the landscape plan presented with the screening provided to the neighbors, it isn't a church but it is also not a Kwik Trip or a McDonalds. She feels the characterization of this as something that will downgrade the neighborhood is somewhat unfair because anything that would expand into the neighborhood would require another hearing of this body. Today, they have heard the arguments for the hearing that comes after this hearing. It seems to her that it is well to look to the future but in point of fact, what is being presented today, the controls are being placed on this conditional use will protect most of the things the residents are wanting to be protected. The residents are wanting to have protection and non-expansion and that is being made part of the conditional use. The residents are wanting landscaping and she sees alot of landscaping, apparently things that were suggested by the neighborhood at their meeting. She is having difficulty in seeing the threat that so many of the neighbors have presented. Mr. Hardman stated that he concurs wholeheartedly with Mrs. Denton's statement. He stated that she said many of the things he was going to say. Mr. Morris stated that the community is measured by the quality of many services. The medical service is just one of them. This will enhance the profession in our community. Mr. Haworth asked even if this was a church, would the parking lot have to be the same as it is now? Mr. Dudark stated that is correct. Mr. Haworth stated that the appearance of the building will not change. It is the idea that it is a clinic vs. a church. Mrs. Denton stated that one of the questions from the residents about landscaping was the possibility of vines on the solid wood fence. She asked if there is any designation for growing anything on the fence. Mr. Dudark stated that he does not think so. He stated that the applicants have submitted a very detailed landscaping plan. He stated that the solid wood fence exceeds the ordinance requirements with it being zoned multi- family. Mr. Kline asked what type of landscaping is to be on the ground? He asked if it would be grass? Salina City Planning Commission October 2, 1990 Page 14 Merle "Boo" Hodges stated that they have not had a chance to finalize the landscaping. This has all come about prematurely due to the pressure put upon this. This was Urawn up as quickly as possible due to the neighborhood uproar. He presumes it would be grass or non-rock, things that would make it look nice such as bedding plants. He stated that one of the neighbors told him they liked to see tulips in the spring. He has no problem with that. MOTION: Mr. Hardman moved that the coneission approve Application #CU90-7 subject to the three staff recommendations. SECOND: Mrs. Denton seconded the motion. Chairman Brungardt stated that he thinks we need further clarification of the reasons for approval. Mr. Hardman stated that he would move for approval based on the required findings-of-fact as required under Attachment #3. Chairman Brungardt asked if that is acceptable to Mrs. Denton? Mrs. Denton stated that she would like to expand orm that. She stated that we believe that since the building is not to be expanded and it does meet all the bulk use limitations and standards under point #1, that it will contribute and promote the welfare and convenience of the public. It is an arterial street with a significant amount of traffic. This clinic will not be a detriment to the neighborhood given the'amount of traffic on Santa Fe and how much traffic arterials carry. We believe that this proposal with the conditions we are placing on it will not cause substantial injury to the value of other property in the neighborhood. We believe that the driveway and other entrances and exits will be adequate for the use and will not cause traffic problems. Greg Bengtson, City Attorney, stated that he might suggest that the commission inquire of the applicant to see if he understands and is willing to accept the conditions? Chairmaf) Brungardt read the conditions. He stated that no expansion of the building would be permitted beyond the dimensions shown on the approved site plan. The second condition is that no parking stalls be extended into the required front yard setback. The third condition is that signage be limited to one non-illuminated ground sign plus one wall sign as permitted by Section 42-507. Merle "Boo" Hodges asked if that means it could be 20' tall? Chairman Brungardt stated that it speaks to square feet. Merle "Boo" Hodges stated that is fine. VOTE: The vote was unanimous (9-0) in favor of the motion. Motion carried. Mr. Dudark stated that the action of this board is final unless there is a protest petition filed within 14 days. Mr. Anderson excused himself and left the room. #3. Discussion of Lazy River Townhome Development Project. Mr. Andrew stated that the current owner of the Lazy River Townhome project requested an opportunity to address the Planning Commission about his situation. He stated that he will review the chronology of this situation. There is a building there that was originally built as a four-plax apartment building with four rental units. It was built in 1977. There was a Certificate of Occupancy issued in 1979. In 1981 the owners at that time wrote and recorded five deeds which reported to divide this building up and create four separate lots and a fifth lot which was the parking or green area in front which was designated as common area. They formed a