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7.1 Mulberry Creek Plat CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 06/08/2009 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 ITEM NO. Page 1 DEVELOPMENT SERVICES PLANNING BY: BY: Dean Andrew ITEM: Application #P09-5/5A Consider acceptance of offered easement, right-of-way and restricted access dedications on the final plat of the Mulberry Creek Addition, a proposed one (1) lot plat of a 5.24 acre tract located on the east side of North 5th Street north of 1-70. BACKGROUND: On April 10, 2009, John Ward filed a combined preliminary / final plat application for the approval of the Mulberry Creek Addition, a proposed plat of a 5.24 acre tract near the intersection of Diamond Drive and North 5th Street bordered by a residential dwelling on the north, North 5th Street on the west and 1-70 on the south and east. The Ward Family filed this application to plat the property as an initial step toward developing a portion of the property which they have owned since 1977. The primary purpose of the plat is to create a platted building lot that can be rezoned to C-5 (Service Commercial) and built upon. A portion of the trees on this parcel would be cleared to make way for construction of a new storage building by the owner. Currently the property is zoned A-1 and must be platted prior to any rezoning taking effect. Plat Hiqhliqhts 1. This property has been in the city limits since the 1970's but has remained unplatted and undeveloped since that time. The proposed plat will not change the boundaries or dimensions of the existing parcel except along the west side where the applicant is dedicating 30 ft. of right-of-way for North 5th Street. 2. The west half of this property is in a mapped 100 year flood plain which is buildable if building pads are sufficiently elevated with fill. The applicant's surveyor found that all points on this property are at least 1 ft. below the Base Flood Elevation of 1219.0 which means fill and special compaction will be required to create an elevated building pad. The floodway portion of the property is unbuildable. 3. The existing utilities that serve this property are located along the west side of the property in the North 5th Street right-of-way. Currently there is a 6 inch water line that runs under Diamond Drive and provides water to the properties to the north and south of Diamond Drive. In addition to the 6 inch water line under Diamond Drive this area is served by a 12 inch water line that runs along the west side of North 5th Street. This line connects to the Gold Road Water Tower. The two water lines that serve this area are more than adequate to meet the domestic and fire flow needs of the applicant's property. There is also a natural gas line and overhead electric lines in 5th Street west of the property. This property does not have direct access to sanitary sewer service. The applicant would have to extend an 8 inch public sewer located in the Diamond Drive right-of-way to the east in order to provide sewer service to the subject property. The current sewer line under Diamond Drive terminates over 400 ft. to the west of this proposed subdivision. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 06/08/2009 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 ITEM NO. Page 2 DEVELOPMENT SERVICES PLANNING BY: BY: Dean Andrew 4. A storm sewer system is also located under Diamond Drive with a storm sewer inlet on the east side of North 5th Street that conveys storm water runoff to Mulberry Creek through a 48 inch storm sewer pipe. In 2008, BWR prepared a drainage study of Grain Belt's property at the northwest corner of Diamond Drive and North 5th Street on Grain Belt's behalf to determine if the current drainage system would provide sufficient capacity to accommodate runoff after their site became developed with buildings and parking. The conclusion of the drainage study was that the current drainage system would sufficient and no on site detention would be required. The City Engineering Department has concluded that no on-site detention would be required on this site if runoff is directed east directly into Mulberry Creek. 5. The plat does not contain any additional proposed easements and no utility provider has required that additional easements be provided. There is an existing 50 ft. utility easement along the north edge of this property which contains a 48 inch storm sewer pipe. The applicant has asked whether this could be reduced from 50 ft. to 30 ft. in width on the plat. City staff has no objection to the proposed 30 ft. width. It should still be adequate for the storm sewer. Planninq Commission Action The Planning Commission reviewed this proposed plat of the Mulberry Creek Addition on May 19, 2009 as a companion item to a rezoning request. Following presentation of the staff report, comments from the applicant and comments and questions from Commissioners, the Planning Commission voted 8-0 to approve the proposed plat of this 5.24 acre tract subject to the following conditions: 1. Driveway access shall be limited to the North 150 ft. of the property. Restricted access shall be dedicated along the remainder of the North 5th Street frontage. 2. The existing 50 ft. utility easement may be reduced in width to 30 ft. but shall be labeled as a utility I drainage easement to reflect the existing storm drainage use. 3. The existing floodway boundary for Mulberry Creek shall be plotted on the plat drawing. 4. The area between the existing high banks of the Mulberry Creek channel shall be designated as a drainage easement. 5. No development shall be permitted east of Mulberry Creek and this area shall be labeled as Floodway I Open Space. 6. The applicant shall submit binding legally assurances agreeing not to protest the creation of a future benefit district for the paving of North 5th Street. These assurances shall be in the form of a covenant that will be recorded with the final plat. COMMISSION ACTION: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 06/08/2009 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 7 DEVELOPMENT SERVICES ITEM PLANNING NO. 1 BY: Page 3 BY: Dean Andrew Staff believes this plat is in order for the Commission's consideration. If the City Commission concurs with the action of the Planning Commission, a motion should be made to accept the offered easement, right-of-way and restricted access dedications and authorize the Mayor to sign the final plat of the Mulberry Creek Addition. Encl: Application Proposed plat Excerpt of PC Minutes 5/19/09 cc: John Ward Landmark Surveying & Mapping DEPARTMENT OF PUBLIC WORKS Michael Fraser, Director of Public Works Daniel Stack, PE., City Engineer Jim Teutsch, Operations Manager CIty of !:i 5aIirta TELEPHONE. (785) 309-5725 FAX. (785) 309-5713 TDD. (785) 309-5747 E-MAIL: mike.fraser(Q>.salina.org dan. stack(Q>.salina. orQ iim. teutsch(Q>.salina. ora WEBSITE . www.salina-ks.Qov 300 West Ash . P.O. Box 736 Salina, Kansas 67402-0736 DATE: May 19, 2009 TO: Salina Planning Commission RE: Mulberry Creek Addition FROM: Daniel R. Stack, P.E., City Engineer Per Section 36-75 of the Salina Subdivision Regulations, the City Engineer's office has reviewed the storm drainage report prepared by Earles Engineering & Inspection for the above referenced subdivision. The report outlines the following: . The property consists of approximately five acres which is split by Mulberry Creek; 3.3 acres to the west and 1.7 acres to the east of the creek. . Runoff calculations were based on the required 25-year, 24-hour storm event . A 2008 drainage report by BWR evaluating the watershed for Grain Belt concluded the 48-inch stormwater pipe was adequate and therefore onsite detention was not needed. The proximity to Mulberry Creek allows for direct discharge from the subject property. The engineering division concurs that detention is not required as there is adequate capacity in the receiving stream. No additional infrastructure design was submitted for this property. 3. Land Area (sq.ft. and / or acres) 5. c; A,C 1<13 9 4. Number of Lots Proposed ..1 5. Present Zoning A-,J Present Use t{/;f> C' P ~'" A It.t=iA 6. Pending Zoning (if applicable) C-s Proposed Use :ZAh!::~ CJ (."';e. RV ~70r<~b~' Cltyot !:.i SCIllina Plannina &' Community DeveloDment 1. Subdivision Name 2. Subdivision Location Date Filed Preliminary Plat Approval Date F~ (JtJ - 51 S"J/ AlA I-AN'EJMAfC,./< Receipt No. 106735 Site Plans APPLICATION FOR FINAL PLAT APPROVAL IVI UL.1S ERRr LRI5E.'k' ./-'w:J/JiiIOIV ;EA!JT SIDE OF' ;Jt1..e7~!:r'll ~7REiCt AT D;A/'I\a~/) D/c1vt;" 7. Please explain any provisions of conditional preliminary plat approval and your compliance with those provisions (attach additional s~s if nece~sary): ., / _ /)-()C /...:> A COH...Zo.,}.ED ~~'L..IM..lj.)AR.'t';,/ /-I"A/r.t- ?~ ,/ 8. If any changes have occurred between the approved preliminary and this final plat, other than those required by the Planning Commission please explain the nature of these changes: 9. Explain any waivers of the subdivision regulations granted with the preliminary plat or requested with this application: 10. Applicant Name: Applicant Address: Phone Number: 11. Property Owner: Address: Phone Number: 12. Engineer/Surveyor: Address: Phone Number: 13, Authorized Representative Address: Phone Number: ----..(0)4 JJ AP- R. 0 8S-~ HIIU)AL-z Rei. /8.<;' #q~ B/.6;) "Lk MISS f Ee-LJ3' (i/AJ:?D 20:;6 tUCI/c1;lJ. $"" -rt-l S;TI<e~"T' za.s:- B.2 7 ---,go t{.~ /.. hlV..D MA R I<- ge;/ of J ~ n A1, &1L.&"'u'P" IV." . ;<o,..WfJA/f' .:>'7. ~ /u ~ 785 ;;?6? ,/ A02LJ E-Mail: E -ri;'C -{;lJ ARD e ;/(JffJ/Aj L.. . O~P\.. E-Mail: kY, E-Mail: E-Mail: I hereby agree to comply with the Subdivision Regulations of the City of Salina, Kansas. and all other pertinent ordinances of the City of Salina and statutes of the State of Kansas. 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I ~ j < 6 ~ ~ (j ~ tl ~ t i ~ f I ~ i ~ h 1:11 .8 .i H l~ ~ 1" ';l dl i~ "s l!l. I! t ~ l~ I .. ~ ~ '. 6" lJl ~ ~ h ! J 1 ~ ~ ~ J .i I :l! 8 ! ~ :j ~ I " o ~ ~ ~ ii 1 t: ~~ ~ !S '0 l;> ~ 8 H ~ I J ~ " " 'i ~ ! oj ~ Salina Planning Commission May 19, 2009 Page 2 of 4 Mr. Ward stated yes. Mr. Ritter asked if that area flooded? Mr. Ward stated that they would need to elevate 1 % ft. and the Army Corps of Engineers stated they could borrow dirt from the other side of the property. John Huett, 2208 N. 5th, was concerned with being forced to annex into the City of Salina and was concerned that building up would affect drainage for his property. Mr. Andrew assured Mr. Hewitt that it was the City's policy to only annex properties whose owners were wanting to be annexed and that the building pad would be graded to drain east toward the creek. MOTION: Mr. Mikesell stated I move we recommend approval of Application #209-5 with the conditions recommended by staff. SECOND: Mr. Kennedy. VOTE: Motion carried 9-0. #3. Application #P09-5/5A, filed by John Ward on behalf of the Ward Family Trust, requesting approval of a final plat of the Mulberry Creek Addition, a proposed one (1) lot plat of a 5.24 acre tract located on the east side of North 5th Street north of 1- 70. Mr. Andrew presented the staff report with visual graphics wtlich are contained in the case file. Mr. Nelson stated that the drainage report showed the storm pipe is an adequate size to handle the watershed and drainage from their site will be taken directly to Mulberry Creek. Mr. Andrew stated that the applicant had requested that the storm sewer easement be reduced from 50 ft. to 30 ft. and City staff felt that this was a reasonable request. He stated that it would need to be labeled as a drainage / utility easement. Mr. Andrew discussed possible plat conditions relating to driveway locations, future improvement of 5th Street and defining the floodway and creek boundaries. He said there was general agreement that the property east of the creek is not developable. John Ward, 855 Fairdale Rd. stated he had no problems with those conditions. Mr. Mikesell asked what the surface would be? Salina Planning Commission May 19, 2009 Page 3 of 4 Mr. Ward stated it would be a concrete apron in front and gravel on the floor. Mrs. Bonilla-Baker asked if Mr. Ward would have to meet landscaping requirements? Mr. Andrew stated yes but he does get credit for existing trees. Mr. Householter asked Mr. Ward to describe the building. Mr. Ward stated that the building would be 100 ft. x 200 ft. with 80 internal stalls. The exterior of the building will be metal with brick wainscoting. MOTION: Mrs. Soderberg stated I move we approve Application #P09-5/5A with the conditions recommended by staff. SECOND: Mr. Householter. VOTE: The motion carried 9-0. Mr. Kennedy left the meeting at this time.