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7.2 Zone Riffel Addition No. 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/22/2008 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEVELOPMENT SERVICES PLANNING APPROVED FOR AGENDA: ITEM NO. Page 1 2 BY: Dean Andrew BY: ITEM: Ordinance No. 08-10479 Application #Z08-10, filed by Riffel Moving Services, Inc., requesting a change in zoning district classification from A-1 (Agricultural) to PC-5 (Planned Service Commercial) for a 27.49 acre tract of land located between South 9th Street and 1-135 south of the Riffel Addition in the City of Salina, Saline County, Kansas. (This property is located in the South 9th Street Corridor Overlay District). BACKGROUND: What is commonly referred to as the KDOT slip ramp area between 1-135 and South 9th Street was abandoned by KDOT in the mid-1990's following the opening of the redesigned Schilling Road interchange in 1991. KDOT's intent was to sell or auction the property off but clouds on the title prevented them from putting the property on the market for sale. The title issues were not resolved until earlier this year and the result was that the slip ramp right-of-way reverted back to the original parcels from which it was obtained. The southern triangle has reverted to Long-McArthur Ford and the northern piece reverted to a parcel owned by Norm Riffel of Omaha, Nebraska providing his parcel with 9th Street frontage. The merged parcel contains a total of 27.49 acres. Now that Mr. Riffel has been able to obtain title from KDOT, and has secured frontage on 9th Street, he is ready to start preparing the site for development. Nature of Application The applicant (Norm Riffel) has submitted applications requesting approval of the rezoning and a preliminary plat of a 27.49 acre tract of land located south of Riffel Drive between 9th Street and 1-135. This property was annexed into the city in 1999. The applicant is proposing to rezone this 27.49 acre tract to PC-5 (Planned Service Commercial) to allow the creation of six commercial building lots on the site. This property is within the South 9th Street Corridor Overlay District and is currently shown as a commercial development site within that corridor. To the best of staff's knowledge the applicant has no specific uses or development plans for the property at this time. The entire 27.49 acre tract is currently unplatted. Sec. 42-8 of the Zoning Ordinance requires that land be subdivided in accordance with the city's Subdivision Regulations prior to rezoning that property to any district other than A-1. The applicant has submitted a companion preliminary plat application for this site. The applicant's rezoning request should be considered first. Intent and Purpose of South Ninth Street Overlay District The South Ninth Street Corridor Overlay (CO) District is designed to achieve a high quality, planned mixed-use development pattern along South Ninth Street. Predominant uses shall consist of low to moderate intensity service commercial businesses. Secondary uses may consist of ancillary support facilities and limited retail activities. Businesses within the district shall not create incompatible land use relationships, heavy traffic loads or other adverse impacts to surrounding areas. The district is intended to be applied to areas designated by the South Ninth Street Corridor Study. All uses and activities shall be subject to the regulations of the underlying zoning district unless otherwise specified herein. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/22/2008 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEVELOPMENT SERVICES PLANNING APPROVED FOR AGENDA: ITEM NO. Page 2 2 BY: Dean Andrew BY: Zoninq Ordinance Requirements Although this is a request for PC-5 zoning, this site falls within the South 9th Street Corridor Overlay (CO) District. Therefore, if this request is approved the property would be subject to the use limitations and development standards of both the C-5 and the CO District. Where the CO district regulations are silent on a matter, then the C-5 district regulations would apply. If the City Commission approves this application, development of the property would be subject to the approved site plan for each lot and the following use limitations: Uses allowed: All permitted uses listed in the CO district, plus any conditional uses requested by the applicant and approved by the City Commission. This would include automobile sales and service and furniture showrooms as permitted uses and business offices, warehouses, hotels and restaurants as conditional uses. The applicant has requested that hotels and motels, restaurants, farm and ranch supply stores and garden centers be included as approved uses in this planned commercial district. *Any conditional use not specifically requested for inclusion in the district by the applicant at the initial zoning hearing would require a separate application and a new public hearing as well as the submission and approval of a site plan. As noted, the applicant did request the inclusion of four (4) additional uses to the district at the public hearing. *Any deviations from required setbacks, lot coverage, structure height or other bulk regulation must also be specifically requested by the applicant at the initial hearing or a separate public hearing must be held at the time of the request. No deviations or exceptions are being requested at this time. Suitability of the Site for Development Under Existinq Zoninq This factor deals with the suitability of the property for development under the existing A-1 zoning and also whether the current zoning has inhibited development of the property. The subject site has 1300 ft. of frontage along both 9th Street and 1-135. While this site is suitable for business park/warehousing-type development, the applicant views it as a prime commercial site given its location abutting a major arterial street and its visibility from the interstate. The South 9th Street Corridor Study recognized the lack of available sites in the community for commercial uses such as automobile dealerships that need a large amount of land but generate very little traffic per developed acre. The west side of 9th Street between Schilling Road and Water Well Road was identified as a suitable location for this type of commercial development as well as other relatively low traffic generating uses such as hotels and motels. Because 9th Street is a four lane road in this location with no turn lanes, from a traffic impact! traffic management standpoint this site is not suitable for large scale (big box) retail development. However, given the recent utility improvements in this corridor, the construction of the Water Well Road CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/22/2008 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEVELOPMENT SERVICES PLANNING APPROVED FOR AGENDA: ITEM NO. Page 3 interchange, and the level of new commercial development along other portions of the South 9th Street corridor, staff would agree that this tract is suitable for some form of commercial development and that the current A-1 zoning serves to inhibit development of this site compared to similarly situated property on the west side of 9th Street. 2 BY: Dean Andrew BY: Staff would note that because of its historical use as on-off ramps to the interstate and as a drainage storage area, the ground elevation is lower than the elevation of 9th Street. It kind of sits in a bowl. It may take the importation of fill material and substantial grading to allow for positive drainage of streets and building sites out to 9th Street. Character of the Neiqhborhood This factor deals with whether the requested PC-5 zoning would be compatible with the zoning and uses of nearby property. This site is located at the far south end of a commercial retail corridor and is in proximity to an interstate interchange at Schilling Road. This site is bounded by IH Heavy Industrial zoning east of 9th Street and interstate exposure on the west. The property to the north of this site is zoned C-7 (Highway Commercial). This property (the Riffel Addition) was developed by the applicant and is built out except for one remaining lot. Therefore, staff believes the PC-5 zoning and uses proposed by the applicant would be compatible with the zoning and uses of nearby property and would be consistent with the existing development pattern on the west side of 9th Street. Public Utilities and Services This factor deals with whether the proposed rezoning will create traffic congestion, overtax public utilities, cause drainage problems, overload public schools, jeopardize fire or police protection or otherwise detrimentally affect public services and whether the property owner or developer will provide the public improvements necessary to adequately serve the development. Adequate water, sanitary sewer and gas and electrical lines are in place or can be extended to serve commercial development on this site. A portion of this property was included in the South 9th Street Utilities Benefit District created in 1999. The change in zoning classification and use proposed by the applicant should not result in any more burden on public facilities and services than if this site were developed with warehousing or business park uses. Fire protection would be provided by Station #3 located on Belmont Blvd. Street access points, traffic control, utility extensions and drainage will be addressed in detail in the plat review. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/22/2008 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEVELOPMENT SERVICES PLANNING APPROVED FOR AGENDA: ITEM NO. 2 Page 4 Conformance with Comprehensive Plan BY: Dean Andrew BY: The City Comprehensive Plan shows this area as being appropriate for service commercial development subject to the restrictions and development standards contained in the South 9th Street Corridor Overlay District and as a Primary Service Area for the extension of utilities and services. Rezoning to PC-5 to allow highway oriented service uses would be consistent with this land use designation and with the South 9th Street Corridor Plan. In addition to the plan map, the following general Commercial Development Policies should be used to guide development decisions: C3 In general, all new commercial and office development should occur in planned commercial areas. Further "strip" commercial development should be discouraged. Wherever possible, new commercial uses should be clustered in small groupings with shared parking and common access drives, and should have a related design and appearance. C4 Commercial and office development should occur only in locations served by transportation facilities capable of handling the traffic to be generated by new development. Commercial uses should not be allowed where street capacities will be exceeded by the additional traffic generated, or where significant problems in access or compatibility with adjacent uses are anticipated. FISCAL NOTE: A benefit district was created for the South 9th Street Utilities project in 1999 and the 18 acre unplatted tract abutting 1-135 owned by Mr. Riffel received an agricultural deferral meaning that payment of its assessment was deferred until the time of platting or until 2016 whichever comes first. Therefore when this property is final platted, Mr. Riffel and subsequent lot owners will start making payments on the $69,546 assessment on this portion of the property. The KDOT "slip ramps" could not be special assessed so a Capital Cost Recovery Charge was levied against the KDOT portion of the property in 2001. The KDOT "slip ramps" share of the total project cost was $115,550. The ordinance levying the Cost Recovery Charge provided that if Mr. Riffel were able to purchase or obtain the property from KDOT that he must "reimburse the City (Water and Wastewater Utility Fund) for the proportionate amount of the assessments paid by the City on a square footage basis and consent to the levy of the proportionate share of the remaining special assessments of the aquired portion of the Highway Right- of-Way on a square footage basis." That means that Mr. Riffel will need to make a lump sum catch up payment and then the remaining payments on the 9 acres acquired from KDOT by Mr. Riffel could be rolled into the 15 year payment schedule on the other 18 acres. Planninq Commission Recommendation The Planning Commission conducted a public hearing on this rezoning application on December 2, 2008. At the conclusion of the public hearing, the Planning Commission voted 5-0 to recommend approval of the applicant's request for PC-5 zoning subject to satisfactory platting of the property and CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/22/2008 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: DEVELOPMENT SERVICES PLANNING APPROVED FOR AGENDA: ITEM NO. 2 Page 5 subject to the following additional conditions: BY: Dean Andrew BY: 1. Uses on this 27.49 acre site shall be limited to those permitted uses listed in the CO district regulations plus farm and ranch supply stores, garden centers and nurseries, hotels, and motels, restaurants and any subsequently approved conditional uses, and shall be subject to the bulk and use limitations of the CO and C-5 district. 2. Signage shall comply with the C-5 district size limitations and the CO district height limitations except that interstate oriented signs may exceed 30 ft. in height. 3. A final site development plan shall be submitted to and approved by the Planning Commission prior to issuance of any building permits for any lot in the subdivision. 4. A final plat shall be approved prior to final zoning approval for the site. The Planning Commission offered the following reasons in support of commercial zoning for this tract: 1. Because of its proximity to and visibility from 9th Street and Interstate 135, this site is more suitable for service commercial development than continued agricultural use; 2. The subject size is adjacent to a commercial development tract on the north and existing industrial zoning on the east and a change to PC-5 zoning with the overlay district restrictions would be compatible with the existing development pattern on the west side of 9th Street. 3. Public utilities have been extended south to this site making it suitable for urban development. 4. The subject property is within the City's Primary Service Area and the requested zoning change would conform with the city's Comprehensive Plan and the South 9th Street Corridor Plan. COMMISSION ACTION If the City Commission concurs with the recommendation of the Planning Commission the attached ordinance rezoning this property to PC-5 should be approved on first reading. The protest period for this application expired on December 16, 2008 and no protest petition was filed. Second reading would be held in abeyance until this property is platted. If the City Commission disagrees with the recommendation of the Planning Commission, it may 1) overturn the Planning Commission and deny this request provided there are four (4) votes in support of such action or 2) return the application to the Planning Commission for reconsideration citing the basis of its disagreement with the recommendation. Encl: Corridor Overlay District Uses and Regulations Application Vicinity Map CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/22/2008 TIME 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEVELOPMENT SERVICES AGENDA: PLANNING ITEM NO. 2 BY: Dean Andrew BY: Page 6 Proposed preliminary plat layout Excerpt of PC Minutes 12/2108 Ord. No. 08-10479 cc: Norm Riffel Pete Earles BACKGROUND REPORT SALINA CITY PLANNING COMMISSION SOUTH NINTH STREET CORRIDOR OVERLAY In February, 1997 the Salina City Commission and Saline County Commission jointly commissioned a planning study for the future development of South Ninth Street south of Schilling Road. A nine-member steering committee consisting of city county and private interests was appointed to oversee the study. Professional consultants, assisted by City and County staff, gathered data, identified issues, prepared alternatives and presented findings and recommendations to the steering committee. The consultants and staff met with affected businesses and property owners during the study and three public meetings were held by the steering committee. On October 22, 1997 the final plan was presented to the steering committee. The committee voted unanimously to approve the corridor plan and to recommend that the City and County adopt the plan and proceed with implementation. The central recommendation is to allow a mixed-use development pattern on the west side of South 9th between 9th Street and 1-135. This would include service commercial uses, such as auto dealerships, business offices, research and development facilities and limited retail uses which generate light traffic such as motels and furniture stores. The overall objective was to realize the economic development potential of the corridor while enhancing the image of this major entryway into the city and protecting existing industries for large scale retail commercial encroachment. On December 3, 1997, the Salina City Planning Commission held a public hearing to consider adoption of the South Ninth Street Corridor Study as an amendment to the Salina Comprehensive Plan. Following comments and questions by Commissioners, the Planning Commission voted 8-0 to adopt the corridor study as an amendment to the Comprehensive Plan. The specific elements of this plan amendment were as follows: 1. Land Use Plan: a) The area between South Ninth Street and 1-135 extending from ~ mile south of Schilling Road to ~ mile south of Water Well Road would be changed from Industrial to Service Commercial; b) The area between South Ninth and 1-135 extending from ~ south of Water Well Road to Farrelly Road would be changed from Industrial to Light Industrial/Business Park. 2. Service Area Map: The area between South Ninth Street and 1-135 extending from % mile south of Schilling Road to % mile south of Water Well Road would be changed from Secondary Area "C" to Primary Service Area "B". The corridor study also recommended that the area between South Ninth Street and 1-135 be annexed into the city and that a plan be prepared for designing and financing the extension of public utilities (water & sewer) to serve the annexed area. The Salina City Commission adopted these plan amendments by ordinance on January 5, 1998, Background Report Application #Z08-10 Page 2 On July 12, 1999, the Salina City Commission considered applications from four property owners requesting annexation of land they owned south of Schilling Road and west of Ninth Street. Long McArthur's 30.47 acre tract was included in that annexation request. A fifth parcel consisting of KDOT right-of-way for the abandoned on and off ramps between Ninth Street and 1-135 was also included in the request area. On July 19, 1999 the City Commission passed an ordinance annexing these five (5) parcels comprising 116.74 acres into the city. At that July 19 meeting the City Commission also approved petitions by these same four property owners requesting the creation of a benefit district to finance the extension of public utilities into this area. The scope of proposed public improvements included: (1) a 15-inch sanitary sewer pipeline along the west side of S. Ninth Street from Schilling Road on the north to approximately 500 feet south of Water Well Road on the south; (2) a 12- inch sanitary sewer pipeline along the north side of Water Well Road from S. Ninth Street on the west to the railroad tracks on the east and (3) a 12-inch water pipeline along the east side of S. Ninth Street from Riffel Drive on the north to Berg Road on the south. By separate resolution at that same meeting the City Commission agreed to defer the assessments on these four properties for up to 15 years or until the property is platted and developed whichever occurs first. On August 23, 1999 the City Commission awarded a contract for these South Ninth Street utility improvements to Stevens Contractors, Inc. and installation of these utility lines is now complete. On September 7, 1999 the Planning Commission considered a proposed amendment to the Salina Zoning Ordinance to create a South Ninth Street Corridor Overlay District. This was another one of the recommendations contained in the South Ninth Street Corridor Study to guide future development in this corridor. The overlay district was intended to supplement the standards of the applicable underlying zoning (C-5, C-7, 1-1, 1-2, etc.) requested by landowners in the corridor by filtering out big box retail and other high traffic generating uses and by establishing a uniform set of development standards. There are a total of six (6) permitted uses and fifteen (15) conditional uses allowed in the overlay district and the district also contains provisions relating to landscaping, signage, outdoor storage and the architectural appearance of buildings. The Planning Commission voted 8-1 to recommend approval of this proposed overlay district and the City Commission approved the overlay district on October 11, 1999. The city's portion of the corridor overlay covers only the west side of Ninth Street and extends from the south line of the Riffel Addition on the north to ~ mile south of Water Well Road on the south. The Service Commercial portion of the city overlay district was extended Background Report Application #l08-10 Page 3 south to include the Sleep Inn motel site in 2005. The county's portion of the Service Commercial (SC) overlay extends 300 ft. east of Ninth Street north of Water Well Road. J~ ~~:~~Y1 1011 I t ~ N W~E S LJBI 0:: (J ~I ~f 0:: C en en w 0:: C) o 0:: g,; 0:: C en en w 0:: C) o 0:: g,; 1- -Jj _ -.. ... ... . S. 9th Street Corridor Landuse ~ Commercial _ Industrial _ Light Industrial! Business Park _ Retail ~ Service Commercial Sec. 42-418. South Ninth Street Corridor Overlay District. The South Ninth Street Corridor Overlay (CO) District is designed to achieve a high- quality, planned mixed-use development pattern along South Ninth Street. Predominant uses shall consist of low to moderate intensity service commercial businesses. Secondary uses may consist of ancillary support facilities and limited retail activities. Businesses within the district shall not create incompatible land use relationships, heavy traffic loads or other adverse impacts to surrounding areas. The district is intended to be applied to areas designated by the South Ninth Street Corridor Study. All uses and activities shall be subject to the regulations of the underlying zoning district unless otherwise specified herein. (Ord. No. 99-9949, ~ I, 10-11-99) Sec. 42-418.1. Permitted uses. Permitted uses in the CO District shall be as follows: (1) Automobile sales and service. (2) Automobile service and accessory stores. (3) Boat and RV sales and service. (4) Furniture showrooms. (5) Research and development facilities. (6) Truck sales and service. (Ord. No. 99-9949, ~ I, 10-11-99) Sec. 42-418.2. Conditional uses. The following uses may be permitted in the CO District if reviewed and approved in accordance with the provisions of sec. 42-597.2 of this chapter and following an evaluation of the projected amount of traffic to be generated by the proposed use, square footage of proposed buildings, and compatibility of proposed use with nearby land uses: (1) Agricultural implement sales and service. (2) Business and professional offices. (3) Convenience gasoline and food stores. (4) Duplicating and mailing services. (5) Express package facilities. (6) Farm and ranch supply stores. (7) Gasoline service stations with car wash. (8) Garden centers and nurseries. (9) Group day care centers. (10) Hotels and motels. (11) Physical fitness centers. (12) Public utilities. (13) Restaurants. (14) Travel agencies. (15) Warehouses and wholesale houses. (Ord. No. 99-9949, 91,10-11-99) Sec. 42-418.3. Property development regulations. Each site shall be subject to the following property development regulations: (1) Planned development zoning. All applications for rezoning shall be for Planned Development District (PDD) or Planned Commercial (PC) zoning. (2) Minimum lot size. All uses must be located on a parcel having a minimum lot size of one (1) acre. (3) Paved areas. All access drives, parking areas and sidewalks shall be paved with asphalt or concrete. (4) Landscaping. All sites shall be landscaped in accordance with the provisions of sec. 42-65 of this chapter. (5) Signage. No signs shall exceed thirty (30) feet in height. No mobile or ground anchored banner signs shall be permitted. No offsite advertising signs shall be permitted on a site more than one hundred (100) feet east ofI-135. (6) Driveways. Access drives must be located a minimum of one hundred (100) feet from public streets, fifty (50) feet from other access drives, and twenty-five (25) feet from interior property lines unless shared access is provided. (7) Outdoor storage. All materials, supplies, and equipment (not displayed for sale) shall be stored in an enclosed building or located in the side or rear yard and screened from visibility from adjacent streets. (8) Exterior lighting. Exterior lighting fixtures shall be aimed or shaded so that no direct light is cast towards any street traffic. (9) Architectural design. All development shall demonstrate a high quality visual appearance from the street. The architectural design of buildings, site improvements and landscaping shall appear integrated and coordinated. The main entrances to primary buildings shall face Ninth Street or Water Well Road. All primary buildings shall have an attractive exterior finish and no precast concrete or metal panels shall face Ninth Street or Water Well Road unless the overall design presents a compatible appearance. (Ord. No. 99-9949, 9 1,10-11-99) Sec. 42-418.4. Effective area. The provisions of the CO District shall apply to that area bounded by a line one-quarter (1/4) mile south of the centerline of Schilling Road on the north, Ninth Street on the east, a line three-eighths (3/8) mile south of the centerline of Water Well Road on the south, and Interstate 135 on the west. (Ord. No. 99-9949, 9 1, 10-11-99; Ord. No. 05-10303, 9 1,8-22-05) Cltyof ~ salina Publication Date Application November 11 , 2008 No. Z08-10 Hearing Date Date Filed December 2,2008 October 31, 2008 Vicinity Map Attached Filing Fee T8 $325.00 Ownership Certificate Receipt No. T8 Planning &' Community Op.-vplnnmpnt APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP 1. Applicant's Name Riffel Movin!=! Services, Inc. (Norm Riffel) 2. Applicant's Address 10919 Sapp Brothers Drive Omaha, NE 68138 3. Telephone (daytime) (402) 895-1292 E-mail A1riffel<.1ilmsn.com 4. Owner's Address Same 5. Legal Description of Property to be rezoned (attach additional sheet if necessary) Tract in S Y2 of NE y.. Sec 2 T15S R3W (see attached) 6. Approximate Street Address 3100 Block of S. 9th Street 7. Area of Property (sq. ft. and/or acres) 27.49 acres 8. Present Zoning A-1 Use Agricultural land 9. Requested Zoning PC-5 Use Mixed use commercial 10. Are there any covenants of record which prohibit the proposed development? YES D (attach copy) NO C8J 11. List reasons for this request (attach additional sheets if necessary): Create a multi-lot commercial subdivision. 12. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): Proposed street connections to 9th Street will match up with Avenue A and Avenue B. Utilities are located along 9th Street. 13. Explain how off-street parking will be provided for this requested use: Will be addressed on site olan as each lot develops. 14. List exhibits or plans submitted: leQal description, preliminary plat, drainaQe study ~~~~;:S) ~a)~Ju Owner(s) Signature Date: October 23,2008 Date: If the applicant is to be represented by legal counselor an authorized agent, please complete the following in order that correspondence and communications pertaining to this application may be forwarded to the authorized individual. Name of representative: Peter WEaries Complete Mailing Address, including zip code 115 W. Iron Salina, KS 67401 Telephone (Business): 309-1060 E-mail address: earlesinc@earleseng.com PLF - 051, Application Amendment to District Zoning Map, Rev. 10-2005 CEDAR CREEK DR M-H A-1 Re uest Area 1 Inch = 400 Feet A-1 A-1 PC-5 Application #Z08.10 Filed by Norman Riffel l- (/) J: I- 0> PC-5 pc- ~ c ~ "IE' , ~\.... -il-' r ..-JL--.l I :I'l ~ II i40'r- II I I II . 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Unplatted Tfoct 2 Uttplalted Tfoct J -- ~" Unplalted Trocl -4 Addition IS I SANITARY SEWER ~SIn6IIDIM:I SUMMARY MINUTES SALINA CITY PLANNING COMMISSION CITY COMMISSION ROOM Tuesday, December 2, 2008 MEMBERS PRESENT: Funk, Meier, Mikesell, Ritter, Schneider MEMBERS ABSENT: Appleby, Bonilla-Baker, Householter, Soderberg STAFF PRESENT: Andrew, Burger, Herrs, Nelson, Stack, and Urban #1. Approval of the summary minutes from November 4, 2008 meeting. The minutes were approved as presented. #2. Application #Z08-10, filed by Riffel Moving Services, Inc., requesting a change in zoning district classification from A-1 (Agricultural) to PC-5 (Planned Service Commercial) for a 27.49 acre tract of land located between South 9th Street and 1-135 south of the Riffel Addition in the City of Salina, Saline County, Kansas. (This property is located in the South 9th Street Corridor Overlay District). Mr. Andrew presented the staff report with visual graphics which are contained in the case file. Pete Earles, Earles Engineering, 115 W. Iron, representing Norm Riffel, the property owner, explained that Mr. Riffel's intentions were to develop this area commercially, similar to the first Riffel Addition to the north. He made known Mr. Riffel's desire to move hotels and restaurants, farm & ranch supply stores, and garden centers from the conditional use list to the list of permitted uses in this Planned District. He answered Mr. Andrew's question about ground elevation by explaining that Frank Construction would be using 80,000 cubic yards of fill to bring the low area of the ground up to the elevation of 9th Street. Commissioners did not have any questions for staff or Mr. Earles. MOTION: Mr. Schneider stated I move that we recommend approval of Application #Z08-10 with the four recommendations made by staff, and adding Salina Planning Commission December 2,2008 Page 2 of 5 hotels and restaurants, farm and ranch supply stores, and garden centers as permitted uses on this site. SECOND: Mr. Mikesell. VOTE: Motion carried 5-0. #3. Application .#P08-7, filed by Pete Earles on behalf of Riffel Moving Services, Inc., requesting approval of a preliminary plat of Riffel Addition No.2, a proposed 6 lot subdivision of a 27.49 acre tract of land located between South 9th Street and 1-135 south of the Riffel Addition in the City of Salina, Saline County, Kansas. Mr. Andrew presented the staff report with visual graphics which are contained in the case file. Dan Stack, City Engineer, explained that this section of South 9th Street would be undergoing improvements next year but they will stop at Riffel Drive. The improvements will be similar to those done previously further north on 9th Street. It will have curb and gutter with landscaped medians. Mr. Funk pointed out a discrepancy on the site's acreage between the plat and rezoning staff reports. The plat staff report stated it was 27.49 acres and the rezoning staff report stated it was 36.15 acres. Mr. Andrew confirmed that 27.49 acres was the correct number of acres. Pete Earles, Earles Engineering, once again representing Norm Riffel, confirmed that Mr. Riffel would be financing all the public improvements himself and would not be utilitizing special assessments. He stated that he and Mr. Rifel are both aware of the deferred assessment on this property for South 9th Street utility improvements. He expressed Mr. Riffel's preference to limit sidewalks to one side of Riffel Drive. The subject of whether internal public sidewalks should be required in this subdivision was discussed by Commissioners. Mr. Stack reported that the next phase of improvements to South 9th Street will include a sidewalk on the west side. Mr. Andrew explained that a final decision on sidewalks could be dealt with on the final plat. MOTION: Mr. Ritter stated I move that we approve preliminary plat Application #P08-7 with the recommendations made by staff, and the issue of sidewalks to be addressed during the hearing of the final plat.