7.2 Zone Mulberry Creek Addition
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
2
BY:
BY: Dean Andrew
ITEM: Ordinance No. 09-10503
Application #Z09-5, filed by John Ward, requesting a change in zoning district classification from A-1
(Agricultural) to C-5 (Service Commercial). The subject property is a pie shaped 5.24 acre tract of land
located on the east side of North 5th Street north of 1-70.
BACKGROUND:
The area surrounding the 9th Street - 1-70 interchange was annexed into the city in 1964. Surrounding
areas were annexed during the 1970's including a pie shaped parcel north of 1-70 and east of North 5th
Street. This parcel was zoned A-1 (Agricultural) at the time of annexation and the zoning has
remained unchanged since that time.
Nature of Applicant's Request
The request area is a triangular shaped parcel located between North 5th Street and Mulberry Creek
north of 1-70. The Ward family has owned the property for 30 years and is requesting approval of the
rezoning of the property which is inside the city limits but zoned A-1 (Agricultural) to C-5 (Service
Commercial). The applicant is proposing to construct a commercial storage building on the western
portion of the site, possibly for RV storage. Since the property is currently zoned A-1 it must be
rezoned prior to any commercial development occurring on the property.
This property is heavily impacted by its proximity to Mulberry Creek. It is actually bisected by the
creek. Only the portion of the property west of the creek is located in the mapped 100 year flood plain
which is developable. The remainder is in the undevelopable "floodway" for Mulberry Creek.
In addition to being rezoned prior to development, the property also needs to be platted prior to any
zoning change taking effect. Section 42-8 requires that land inside the city be subdivided in
accordance with the subdivision regulations of the city prior to rezoning any area to any district other
than the A-1 district.
Intent and Purpose of C-5 District
The C-5 district is designed for those businesses and commercial uses which draw their customers
from motorists on the highway, or for whom a location on a highway or arterial street is especially
useful or necessary. Although some of the typical retail uses are permitted in other commercial
districts, most of these permitted this district would not blend well into prime retail area.
Zoninq Ordinance Requirements
If a zoning change from A-1 to C-5 is approved for the subject property, the following development
limitations would apply:
1. Uses - Any permitted use allowed in the C-5 district, plus any conditional uses approved by the
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. 2
Page 2
Planning Commission.
and shops.
DEVELOPMENT SERVICES
PLANNING
BY:
BY: Dean Andrew
This would include cold storage, vehicle storage and contractor's office
2. Maximum structure height: 50 ft.
3. Minimum lot area: 7,500 sq. ft.
4. Existing lot area: 3+ buildable acres
5. Minimum lot width: 75ft.
lot width: 322 ft.
6. Minimum lot depth: 1 00 ft.
lot depth: 430 (buildable depth)
7. Minimum Setbacks: Front yard - 25 ft. from the front property line or 55 ft.
from the center line of 5th Street whichever is
greater.
Side yard - none required, 10ft. if it abuts a
residential district.
Rear yard - none required, 15 ft. if it abuts a
residential district
8. Maximum lot coverage:
50%
9. Off-street parking:
Based on the occupancy of the proposed building. All parking,
maneuvering and vehicle display areas would have to be surfaced
with asphalt or concrete paving In accordance with Sec. 42-
552(e)(2) of the Zoning Ordinance.
Landscaping:
Front yard landscaping would be required based on
the buildable area of the lot.
Suitabilitv of the Site for Development or Redevelopment 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 or redevelopment of the property.
Currently, the zoning of this property does not allow construction of a commercial storage building.
The subject property has 322 ft. of frontage along North 5th Street. It is currently vacant and heavily
wooded. The site is bordered on the south and southeast by 1-70 and abuts a rural residential dwelling
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. 2
Page 3
on the north and North 51n Street on the west.
DEVELOPMENT SERVICES
PLANNING
BY:
BY: Dean Andrew
The current A-1 zoning does not fit with the applicant's plans for the property so the applicant has filed
an application to rezone this parcel to suit their needs. The question for the Planning Commission is
whether the subject property is more suitable for flood plain 1 floodway open space or limited
commercial development. The character of the area has been moving toward industrial uses with
three residences at the northwest corner of Diamond Drive and North 5th Street being removed by
Grain Belt Supply last year. Staff believes since this site lacks adequate sewer services, it is not
suitable for any intense commercial development.
Character of the Neiqhborhood
This factor deals with whether the requested C-5 zoning would be compatible with the zoning and
uses of nearby property.
East Diamond Drive contains a mix of commercial and industrial uses. The north side of Diamond
Drive contains a mix of C-7 and 1-3 zoning with Grain Belt Supply's facility being the dominant use.
The south side of East Diamond Drive is zoned C-7 and contains a vacant restaurant and a motel.
The subject property has been zoned A-1 since it was annexed into the city.
The property to the north of the applicant's property is outside the city limits and is flood prone. Unlike
the applicant's property which has some flood plain designation it is almost entirely in the mapped
floodway for Mulberry Creek.
The presence of large businesses and proximity to Interstate 70 make this site an unattractive place
for residential use. Since the area is primarily industrial and commercial in nature with close proximity
to Interstate 70, staff does not believe that new residential development is likely to ever occur on this
site. The choices appear to be no development or limited commercial development.
Public Utilities and Services
This factor deals with whether the proposed rezoning will overtax public utilities, cause drainage
problems, 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.
1. Sanitary Sewer - The subject site does not have direct access to sanitary sewer service. The
applicant would have to extend an 8 inch public sewer line located in the Diamond Drive right-
of-way east in order to provide service to this property.
2. Water - A 6 inch water main in Diamond Drive and a 12 inch line on the west side of North 5th
Street serve this area and are more than adequate to meet this site's domestic and fire flow
needs.
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 4
DEVELOPMENT SERVICES
PLANNING
2
BY:
BY: Dean Andrew
3. Storm Drainage - There is a storm sewer inlet on the east side of North 5th Street that conveys
stormwater runoff to Mulberry Creek through a 48 inch storm sewer pipe. BWR conducted a
drainage study of the Grain Belt property to see if the current drainage system would provide
sufficient drainage after Grain Belt supply's site became developed for industrial purposes. The
conclusion of BWR's drainage study was that the current storm drainage system had adequate
capacity to accept additional runoff without anyon-site detention.
4. Access - Neither Diamond Drive or North 5th Street meet current city street standards for right-
of-way or surfacing, although Diamond Drive is paved and 5th Street is only a gravel road. The
portion of 5th Street along the southern portion of the applicant's property is not improved at all
and is not open to traffic.
Adequate water, sanitary sewer, gas and electrical lines are in place to serve this property, so a
change in zoning classification would not result in any additional burden on public facilities and
service.
Street and Traffic
Primary access to this site is from North 5th Street which is classified as a local street. Trips in and out
of the site if a storage building is built will probably be infrequent. However, North 5th Street can not
support additional traffic in its current condition.
Conformance with Comprehensive Plan
This factor deals with whether the proposed rezoning would be contrary to the goals, objectives and
policies of the plan and whether the proposed rezoning would require an amendment to the plan and
whether an amendment could be reasonably justified.
The future land use map in the city's Comprehensive Plan shows this section of South 9th as being
appropriate for future commercial development. Rezoning this property from A-1 to C-5 would be
consistent with that designation.
* Staff would note that the proposed Comprehensive Plan identifies this as a Conservation Area where
new development is discouraged.
Planninq Commission Recommendation
The Planning Commission conducted a public hearing on this application on May 19, 2009. Following
presentation of the staff report, comments from the applicant and comments and questions from
Commissioners, the Planning Commission voted 9-0 to recommend approval of a zoning change from
A-1 to C-5 as requested subject to satisfactory platting of the property.
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 5
COMMISSION ACTION:
DEVELOPMENT SERVICES
PLANNING
2
BY:
BY: Dean Andrew
If the City Commission concurs with the recommendation of the Planning Commission the attached
ordinance rezoning the property should be approved on 1 st reading. The protest period on this
application expired on June 2, 2009 and no protest petition was filed. If this ordinance is approved on
first reading, second reading would take place on June 15, 2009.
If the City Commission disagrees with the recommendation of the Planning Commission, it may return
this item to the Planning Commission together with the reason for the disagreement with three (3)
affirmative votes or it may overturn the recommendation of the Planning Commission and deny this
request provided there are four (4) votes in support of each action.
Encl: Application
Vicinity Map
Excerpt of PC Minutes 5/19/09
Ordinance No. 09-10503
cc: John Ward
City of'
~
Salina
Publication Date Application
Anril 28. 2009 No. ItZ09-5
Hearing Date Date Filed
May 19, 2009 April 17, 2009
Vicinity Map Attached Filing Fee $380.00
TB
Ownership Certificate Receipt No.
TB 106735
P1annin8 &
Communitg
Develooment
APPLJCATJON FOR AMENDMENT TO THE DJSTRJCT ZONJNG MAP
Applicant's Name JOHN {))AgD
Applicant's Address ff.sS FA/~ALe: Rei S~lt..,;-<JA i J:S
3. Telephone (daytime) 7854'9':s"' B/ f, 2 E-mail
4. Owner'sAddress 203Q /IORTti .5t~t S7F:t'f:.7 f)",UIJtf, KY
5. Legal Description of Property to be rezoned (attach additional sheet if necessary) :; 3 G T /3 R 3 A CR. F.. r;
J / J
1,
2,
5.-0 7t1AT PI' Nt!:; l;uJI4 ;(,T-,70 RaJ LE~~C' RD RLii
/ J
6. Approximate Street Address 2 100 N 57b (jv
7. Area of Properly (sq. ft. and/or acres) s-- G ACR~S
8. Present Zoning A.-J.. Use .- AGf~/Cu 1..7(/RJ..L
9. Requested Zoning C - S Use :;:tJDO(1R.. R V gTO;~ ';E' OiZ. 07/.11E~ ~f4,,'\~C.IA t... j'3vJ'WESS
10. Are there any covenants of record which prohibit the proposed development? YES D (attach copy) NO [2rJ
11. List reasons for this request (attach additional sheets if necessary): 70 Ii.,,'.? 'i?.ir'9V b Pl? tJFelZTt.r VALl It:
;:::01<. l2,c: SA U=:. AIJD 1NLP(if}VF:ME'AJT, J~3S.~i~Ll(I :IuVOO/?_ R V /YTOI<AbE:..
; 12. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities,
emergency services, surrounding properties, etc. (Attach additional sheets if necessary) :'7 f(.E 1M C P.EA (; E IILl
~AFnc. SH()i)'....D ISE AJi:X;,i..I Gid ~E ,1)J~r;<:O?EP...fY /$ t...PC,I'IF""P ON 7,., iE; C\"ll ~EJz.
IJ ,~
BF D 'P.'"-I c- Ti r /2.- "- r. AC.ROSS 7I1.ES,/~lZTIS'J.3IJlDC-7
13. Explain how off-street parking will be provided for this requested use: CC~fJ(,l(E7E Ei..17 RAAJ( iE. WITH eTfu:.R...
Af'pMAL..T' OR. [.IJ~l!E.7E' D/(.:IVt::.
14. List exhibits or plans submitted: N~/lJ/C At
Applicant(s) ;; . It. )
Signature "" OHjV 'UAPD
....,../ J . (' -- ..1 j-"
I rd.,;> II N\F"
Owner(s)
Signature
Date: 2/10/;;' O()Cj Date: ;;{p;;b7
. I I
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:
Complete Mailing Address, including zip code
Telephone (Business):
E-mail address:
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SUMMARY MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Tuesday,May19,2009
MEMBERS
PRESENT: Bonilla-Baker, Funk, Householter, Kennedy, Meier, Mikesell, Ritter, Schneider,
and Soderberg
MEMBERS
ABSENT: None
STAFF
PRESENT: Andrew, Burger, Herrs, Hobbie, Nelson, Stack, and Urban
#1. Approval of the summary minutes of the May 5, 2009 meeting.
The minutes were approved as presented.
#2. Application #Z09-5, filed by John Ward, requesting a change in zoning district
classification from A-1 (Agricultural) to C-5 (Service Commercial). The subject
property is a pie shaped 5.24 acre tract of land located on the east side of North 5th
Street north of 1-70.
Mr. Andrew presented the staff report with visual graphics which are contained in the
case file. He stated that this property was annexed into the city in 1977.
Mr. Mikesell asked if the road would need to be brought up to current standards?
Mr. Andrew stated that any driveways would need to be limited to the north 100 ft. to
150 ft. of the property, and the City would need to evaluate their responsibility to
maintain any of the remaining the public street right-of-way.
Mr. Kennedy asked if drainage was an issue?
Mr. Nelson stated that there is a 48 inch concrete pipe at 5th and Diamond with
adequate capacity without any detention needed.
Mr. Andrew clarified that any runoff would go straight to the creek.
Mr. Funk asked if the north property boundary is the city limit?
Mr. Andrew stated yes.
John Ward, 855 Fairdale stood for questions from the Commission.
Mr. Householter asked if Mr. Ward was alright with putting the driveway up north.
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 #Z09-5 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 which 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?