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
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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. In addition, it is agreed that all costs of recording the plat and supplemental documents thereto
with the Reglsle< of D..ds shall urn and .ald by e owne' 0' ~.lIcanl. 4~
Applicant(s) Signature -- , , ;/ Date t c:; :2009
PLF-058, 1-08
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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.