7.1 Zone Mayfair Add CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/15/87 4:00
AGENDA SECTION: Development ORI GI NATI NG DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENDA~-~
Planning Division ~Iri!
BY:Roy Dudark BY:
Application #Z87-1, filed by Realty Associates, Inc., requesting to change the
district zoning classification from R-1 (Single-Family Residential) to C-1 (Re-
stricted Business) District on property legally described as:
Lots 1, 13, 14, 15 and 16, Block 3, Mayfair Addition to the City of Salina,
Kansas (aka 2117 thru 2141 Ohio St. or 1100 thru 1102 Wayne Avenue)
On April 7, 1987, the Salina City Planning Commission conducted a public hearing
on the above referenced application. Following the hearing, the Planning
commission passed a motion (5-2) to recommend that the application for C-1 zoning
be denied and that the applicant file an application for Planned Development
zoning in order to effectively deal with drainage, access/right-of-way and design
issues. The applicant proposes to construct a professional office building. As
the property was platted for single family development, surrounding public
improvements were sized accordingly. Rezoning the subject site from R-1
single-family to' C-1 commercial was found to adversely impact surrounding
properties without appropriate site plan adjustments and developmental assurances.
Upon consideration of the Planning Commission's recommendation on April 20, 1987,
the City Commission voted 4-0 to return the application to the Planning Commission
for reconsideration.
On June 2, 1987, the Planning Commission conducted a second -public hearing and
review of the application. At the conclusion of the hearing, the Planning. Com-
mission voted 7-0 to recommend that the property be rezoned to C-1 subject to the
property being satisfactorily replatted from five residential lots into one com-
mercial lot. Said replat shall provide for: 1) dedication of 20 feet of
additional right-of-way along the east side of Ohio Street; 2) restricted access to
Ohio Street except for one driveway opening; and 3) assurance that drainage im-
provements are installed commensurate with the type and amount of development
planned for the site.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/15/87 4:00 P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
NO.
BY: Roy Dudark BY:
Application #Z87-1
Page 2
If the City Commission concurs with this recommendation, the attached ordinance
should be placed on First Reading. Second Reading would be held in abeyance until
the property is satisfactorily replatted. The legal protest period expires on
June 16, 1987. The Saline County Treasurer has certified that there are not
delinquent general taxes on special assessments on the property.
Eric. Application
Vicinity Map
Excerpt of Planning Commission Minutes
Ordinance #87- 9192
cc: Elly Ritter
COMMISSION ACTION
MOTION BY SECOND BY
TO:
PUBLICATION DATE No Later Than February :)1;02,) 1987 APPLICATION NO. Z87-1
HEARING DATE March 3(j~7f987' DATE FILED January 16; ]QR7
VICINITY MAP ATTACHED OK FILING FEE $245
OWNERSHIP CERTIFICATE RECEIVED RECEIPT NO. L' ;";'- '~/ ' ,,./~
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM)
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING MAP (REZONING)
1. Applicant's Name: Realty Associates, Inc. by Elly Ritter
2. Applicant's Address 2103 Soul;h O~IIO Zip Code: R7&~I
3. Telephone (Business): 827-0331 (Home): 827-1212
4. Owner's Name: Contract purchaser Realty Associates. ]:nc. By ~:~ly R4~mr
5. Owner's Address 2103 $o~¢h Ohio Zip Code: ~74Nl
6. Legal description of property to be rezoned (attach additional sheets if necess~[Yx)~een (16)
Lot(s) One (1), Thirteen (13).~ Fourteen (14), Fifteen (ll~)Block No. Three (33
In Mayfair Subdivision
Metes and bounds description if unplarted (a Surveyor's Certificate must be filed with this application and if approved
will be required to be plattedl:
7. Approximate street address:
8. Area of property (sq. ft. and/or acres): 53~400 approx, sq ft or approx. 1~ acre
9. Present zoning: R-1 Use: [residental]
10. Requested zoning: C-i Use: _professional office
11. Are there any covenants of record which prohibit the proposed development? (Attach copy): none unknown
12. List reasons for this request, (Attach additional sheets if necessary): prooosed constr~ction of new
professional office bui~in~
13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities,
refuse collection, surrounding properties, e~c: (Attach additional sheets if necessary)
water & sewer available to the site,
14. Will there be sufficient off-street parking provided for the requested use.;) yes
Explain: parkin~ will be provided in a~ordan~e with city ~ode
15. List exhibits or plans submitted: F~evation sure, ay m~tmehed
PROPERT~.~,~.'~:ERA(~OCI'ATE$, IRC. APPLICANT'S RF-,A~'[~ AS$OCTA'..rS$, T~C.
DATE: 1 16 87 DATE:
c
If the applicant is to be represented by legal counsel or an authorized agent, please complete the following so that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
NAME OF REPRESENTATIVE:
ADDRESS: ZIP CODE:
TELEPHONE (Business): AREA CODE:
White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant
(Rev. 8/84) 101
(PLEASE DO NOT DETACH)
'- - Application #Z87-1
Filed by Realty Associates, Inc.
Rezoning request from R-1 1:o C-1
Lots 1, 13, 14, 15 and 16, Block 3:
Mayfair Addition (aka 21i7 thru
2i41 Ohio St. or 1100 thru 1102
Wayne Avenue )
I ~
C3 ~ [ .~~~-----.
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Request Area
MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
June 2, 1987
4:00 P.M.
MEMBERS PRESENT: Denton, Anderson, Brungardt, Gaines, Morrison,
Presley, and Storey
MEMBERS ABSENT: Duckers and Roth
DEPARII4ENT STAFF: Dudark, Andrew and Bennett
OTHER STAFF: Greg Bengtson, City Attorney and Don Hoff,
Assistant City Engineer
In the absence of the Chairman, the meeting was called the meeting to order
at 4:00 P.M. by acting Chairman Denton.
~1. Reconsideration of Application #Z87-1, filed by Realty Associates,
Inc., requesting to change the district zoning classification from R-1
{Single-Family Residential) to C-1 (Restricted Business) District on
property legally described at Lots 1, 13, 14, 15 and 16, Block 3,
Mayfair Addition to the City of Salina, Kansas (aka 2117 thru 2141 Ohio
Street or 1100 thru 1102 Wayne Avenue}
Mr. Dudark went through the background of this case and explained the
options available to the Board.
Mrs. Elly Ritter, 1942 Valleyview asked that the second option be
considered on the replatting. She offered to answer questions.
Mr. Storey arrived at this time.
No one was present to speak in favor of this application.
Mr. Bob Marietta, 148 S. 7th Street was present. He stated that he has the
lots to the east of this area. He stated that this was set up to be
restricted for a residential area, originally platted, and he doesn't see
where there is any shortage of office space in Salina at the present time
and feels this area should remain residential. He asked that the Board
deny this application.
Mr. Anderson stated that he wasn't present during the original discussion
and asked about the appearance of the design of the building. He asked if
there was a picture, diagram, etc. that he could view?
Mr. Dudark stated that the applicant had a drawing that was not given to
staff, so we do not have it.
Chairman Denton stated that it was similar in appearance to Prudential
Plaza. She feels the neighbors want assurance that the building proposed
is the building they will get. She stated that under Option #2, we would
not have any control of the end result, the only thing we would be re-
stricting would be access, how much setback there will be and what size
the storm drainage would be. With option ~1, we can specify bushes at each
corner, brick building, etc. She stated that the applicant would prefer
option #2, she thinks.
Mr. Presley asked staff about the County Commission taking action on the
dump. He asked how they can put conditions on zoning and we can't.
Mr. Dudark stated that it was a Conditional Use for the dump site, a special
permit.
Mr. Bengtson stated that, for the benefit of the new members, the condi-
tion question, we don't have a case law in Kansas that says "yes, you can
absolutely tmpose conditions to rezone a piece of property". He .stated
that we do have some cases that refer to conditions having been imposed,
Salina City Planning Commission
June 2, 1987
Page 2
but thuir validity was not the issue in this case. He feels that one
assume that theru are certain conditions that can be imposed, but as far .~
enforceability, that is where the key issue arrives. He stated that if C!
Board is looking at conditions that they are thinkina about imposing
zoning changes, they need to be conditions that would ~ave to be fulfill_
prior to the actual change being adopted by the City Commission on
reading. Once the zoning change is made, there isn't a point in
process from that point on that they could enforce.
Chairman Denton asked him to go over the restrictive covenants.
Mr. Bengtson stated that the policies as far as the City has been concert
is that, while there may or may not be restrictive covenants on
particUlar piece of property, those are enforceable privately by propu~]
owners that have the right, by virtue of those restrictive covenants.
City, he stated, has never felt they have a role to enforce those priv'
covenants and the zoning ~rocess really occurs separately from
covenants.
Mr. Dudark added that in this case the covenants only provide for residt.
rial use of the property, not commercial. He stated that, if the zoni
were granted, the City would be in a position to issue a building perm,:
but it still may be prohibited by covenants.
MOTION: Mr. Presley moved that Application.#Z87-1 be approved under Option #2,
the tract be rezoned to C-1 subject to the property being satisfactorF
replatted from five residential lots into one commercial lot. Said rep
shall provide for: 1) dedication of 20 feet of additional right-of*~
along the east side of Ohio Street; 2) restricted access to Ohio Str~ ~
except for one driveway opening; and 3) assurance that drainage
ments are installed commensurate with the type and amoun~ of develoF:'~
planned for the site.
SECOND: Mr. Morrison seconded the motion.
VOTE: The vote was unanimous (7-0) in favor of the motion. Motion carried.
~2. Application #PDD87-2, filed by Gary and Elizabeth Harbin, Donald ~.
Carolyn Lagerberg, Jack and Shirley Howard, Kenneth and Susan Gue'
Paul and Carol Junk James and Diane Sampson, Richard and Ann Barl~]
Robert F. Miller Trust, Robert and Kathleen Pace, Mark and She~
Krehbiel, Craig and Kareen Mulh, Charles and Constance Bessemeyer, ~
and LinUa House, Paul and Linda Porter and John and Sherilyn Ada~
requesting to change the district zoning classification from Distr
"RS" {Single-Family Residential Suburban) and and District
(Planned Development District) to District "PDD" (Planned Developm~
District) with "RS" overlay on Lots 1 thru 9, inclusive, Block 1; L
1 thru 4, inclusive, Block 2; Lots 1 thru 5, inclusive, Block 3; all
Eastridge Addition to the City of Salina, Saline County, Kansas (
901 South Marymount Road - approximately 34.32 acres).
Mr. Presley advised the Board that he may have a conflict of interest s~:
he is an adjacent property owner.
No conflict was determined and he remained at the table.
Mr. Dudark gave the staff report, which is contained in the case
Mr. Bob Wasko, 219 North Santa Fo, P.O. Box 1245 was present. He indica,
that there is one adjustment, he unoerstood, to the conditions regard
abutting property owners.
Mr. Dudark stated that item ~5, Pg. 2 of the staff report, second line, .
should delete the word abutting property owners or. He stated that ~'
would make the maintenance a ~esponsib~lity of the Homeowner's Associati.
(Published in The Saltna Journal June , 1987)
ORDINANCE NUMBER 87-9192
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE
NUMBER 8526, THE SAME BEING CHAPTER #2 OF THE SALINA CODE, AND THE
ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING
FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND
PRESCRIBING THE PROPER USES THEREOF.
WHEREAS, all conditions precedent for the amendment of the Zoning
District Map, the rezoning of certain property therein, hereinafter described has
been timely complied with, and SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. AMENDMENT. DISTRICT C-1. RESTRICTED BUSINESS
DISTRICT. That the Zoning District Map of the City of Sallna, Kansas, duly
adopted and published as a part of Ordinance Number 8526, the same being
Chapter 42 of the Salina Code, be and it is hereby amended so that the following
described property be rezoned as follows,- to-wit:
Lots 1, 13, 1#, 15, and 16, Block 3, Mayfair Addition to the
City of Salina, Saline County, Kansas
shall become a part of District C-1. RESTRICTED BUSINESS DISTRICT. That
., the use of said described property shall be subject to all the conditions,
restrictions and limitations as made and provided for in Ordinance Number 8526,
the same being Chapter 42 of the Salina Code, with reference to the
RESTRICTED BUSINESS DISTRICT.
Section 2. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced.' June 15, 1987
Passed:
Stephen C. Ryan, Mayor
[ SEAL]
ATT EST:
D. L. Harrison, City Clerk