7.4 Zone Fairway Cloverdale CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
5/10/99 4:00 P.M.
AGENDA SECTION:
NO.
ITEM
NO.
~t~m
4, 4a
ORIGINATING DEPARTMENT:
PLANNING & DEVELOPMENT
ROY DUDARK /~
APPROVED FOR
AGENDA:
Application #Z99-3, filed by James Boston, requesting a change in zoning district classification from
R (Single-Family Residential) District to I-2 (Light Industrial) District on property legally described
as Lots 14 & 15, Fairway Addition and Lot 4, Block 1, in the Cloverdale Annex (aka 1307 Van Home).
Nature of Current Request
The applicant recently purchased this property and the existing improvements with the intent of using
the site as a contractor's storage yard with open outdoor storage. The property currently contains a 45'
x 55' metal storage building of unknown age and origin which sits on Lot 15. The applicant applied
for a fence permit to enclose these three lots with a security fence. The Zoning Administrator
determined that although Lots 14 and 15 are currently zoned R (Single-Family Residential), they had
previously been used for the outdoor storage of materials and equipment and that use was
grandfathered but that Lot 4 on Prospect, which is also zoned R, had not previously been used for
business purposes. The permit to enclose Lot 4 for secured outdoor storage was therefore denied
because this would be an expansion of a non-conforming commercial use.
The applicant then filed this request to rezone all three (3) lots from R to I-2 (Light Industrial). If
approved, this would allow the use of Lots 14 and 15 to be intensified and would allow the storage area
to be expanded north on Lot 4 adjacent to Prospect.
Suitability of the Site for Development Under Existing Zoning
This factor deals with whether there are substantial reasons why the subject property has remained
vacant as zoned or cannot be used in accordance with the existing zoning.
In 1977, the Planning Commission comprehensively rezoned and remapped the entire city. Because
of the presence of a number of single-family homes in this area the entire area was zoned R (Single-
Family Residential). The result was that existing businesses in the area were grandfathered in and the
homes were protected from commercial expansion. Since that time however the R zoning has been
chipped away and there have been a number of zoning changes from R to I-2 approved by the City
Commission.
The applicant states that Lots 14 and 15 were formerly used for the storage of monuments and burial
vaults by a monument company and that the current R zoning is not appropriate. He contends that Lot
4 on Prospect is not a desirable home site and that East Prospect is not a desirable place for new home
construction.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
5/10/99 4:00 P.M.
AGENDA SECTION:
NO.
ORIGINATING DEPARTMENT:
PLANNING & DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
ROY DUDARK
BY: BY:
Staffwould agree that the trend on East Prospect has been toward the construction of new contractor's
facilities not new dwellings. The presence of the railroad tracks and adjacent I-3 zoning also make
Lots 14 and 15 an unattractive location for residential development.
Character of the Neighborhood
Van Home Street contains 5 residences and 1 business (a masonry contractor) on the north side of the
street. Crown Distributors, a beer distributor, is located on the south side of the street. The land
directly across from the applicant's property is vacant but the railroad tracks to the south angle to the
northeast so that they actually reach Van Home at the east end of the street. Directly south of the tracks
is the construction yard for Busboom & Rauh Construction. This property is zoned I-3.
The entire south side of E. Prospect, where the applicant's lot is located, is zoned R and used for
residential purposes, except for several vacant lots. A single lot at 1230 E. Prospect, which is the lot
directly west of the applicant's lot, was rezoned from R to 1-2 in 1991 and is used for storage. The lot
directly to the east contains a single-family residence. The City Commission recently approved the
rezoning of 1408 E. Prospect (500 ft. to the east) from R to I-2 to allow a plumbing contractor's shop.
The presence of several large vacant lots, mixture of uses, unpaved streets and proximity to Ohio Street
tends to make the area attractive to small businesses such as contractor's offices and storage facilities.
Most houses within the area, while modest, are well maintained, however, a few are in a substandard
condition. The presence of the small business intermixed with homes does not appear to constitute a
significant adverse impact on the area.
If the City Commission approves this request it will basically be creating a small cluster of I-2 zoning
at the east end of Van Home but the changing conditions in the surrounding area would appear to
justify such a change.
Public Facilities and Services
Sanitary Sewer - Van Home street is served by an 8" clay sewer line but it terminates 300 ft.
west of Lots 14 and 15.
Water - There is a 6" water main along the south side of Van Home which serves this area and
is capable of serving the subject site, however, staff's research shows that the warehouse
building on Lot 15 has never been hooked up to any city utilities. It does appear to be served
by electricity.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
5/10/99 4:00 P.M.
AGENDA SECTION:
NO.
ORIGINATING DEPARTMENT:
PLANNING & DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
ROY DUDARK
BY: BY:
o
Storm Drainage - There are no storm sewers in this area and no defined ditches along Van
Home. This area is very flat and the drainage is poor. What positive drainage there is moves
toward the Union Pacific railroad tracks and drains back west. The closest storm sewer inlets
are located in Ohio Street.
Access - Van Home is a platted public street with a full 60 fi. of right-of-way (35 fi. on the
north and 25 fi. on the south) but it has a sand and gravel surface with no shoulders. Although
the condition of the road surface is not good, Van Home is considered to be an "improved"
public street for building permit purposes and is publicly maintained by City crews. The street
provides access to 5 existing homes and 1 existing business. Crown Distributors on the south
side of Van Home takes its primary access from Ohio Street. The right-of-way for Van Home
ends before it reaches Lot 15 so technically Lot 15 has no legal street frontage and it could not
be developed or used except in conjunction with adjoining Lot 14. The sand surface extends
beyond the limits of the right-of-way at the east end of Van Home making it very difficult to
determine where the street ends and private property begins.
Conformance with Comprehensive Plan
Land Use Map - The Comprehensive Plan shows this site as being appropriate for industrial
use. Rezoning to 1-2 Light Industrial would be consistent with this industrial designation and
would not require an amendment to the future land use plan prior to approval of this change.
Land Use Plan - In addition to the land use map, the following Commercial Development
policies should be used to guide land use decisions:
C10
Commercial areas should not be allowed to adversely impact adjacent residential areas.
Screening and buffering should be provided, including landscaped setbacks, earth berms and
open space. Commercial operations, including traffic and parking, should not be allowed to
affect neighborhood quality. Noise, safety, and overall maintenance of commercial properties
should also be carefully controlled.
Planning Commission Recommendation
The Planning Commission conducted a public hearing on this application on April 20, 1999. At the
conclusion of the public heating the Planning Commission voted 6-0 to recommend approval of a
zoning change from R to 1-2 finding that 1-2 zoning would conform with the trends and patterns in the
area. There was no opposition expressed at the public hearing from surrounding owners.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
5/10/99 4:00 P.M.
AGENDA SECTION:
NO.
ORIGINATING DEPARTMENT:
PLANNING & DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 4
ROY DUDARK
BY: BY:
City Commission Action
If the City Commission concurs with the recommendation of the Planning Commission the attached
ordinance should be placed on first reading. The protest period for this application expired on May 4,
1999 and no protest petition has been received. Second reading would be scheduled for May 17, 1999.
If the City Commission disagrees with the recommendation, it may: 1) overturn the Planning
Commission and deny the request provided four (4) votes are in support of such action; or 2) return
the application to the Planning Commission for reconsideration citing the basis for disapproval.
Encl:
Application
Vicinity Map
Excerpt of Planning Commission Minutes 4/20/99
Ordinance No. 99 -9929
cc: James Boston
PUBLICATION DATE No Later Than March 25. lqq9 APPLICATION NO. ~7.99-3
HEARING DATE Ap£~[1 20. 1999 DATE FILED t4-rcb 15, 1999
VICINITY MAP ATTACHED JIG FILING FEE $~.70.00
OWNERSHIP CERTIFICATE RECEIVED KC RECEIPT NO.
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM}
APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (RF. ZONING)
Applicant's Name: James Boston
Applicant's Address 711 N. San'ta Fe, Salina, Ks Zip Code:67401
Telephone(Business): (785) 823-7883 (Home): same
Owner's Name: James Boston Helen Boston
Owner's Address 711 N. Santa Fe, Salina, KS. ZipCode67401
Legal description of property to be rezoned (attach additional sheets if necessary):
Lot(s) 14 & 15 Fairway Add. & Lot 4 In Block No. X~l~l~& 1
In Cloverdale annex Subdivision
Metes and bounds description if unplanted (a Surveyor's Certificate must be filed with this application and if approved
will be required to be platted):
7. Approximate street address: 1 307 Van Horne
8. Area of property (sq. ft. and/or acres): 34,411 Sq. Ft.
R Equipment storage & monument & vault sales
9. Present zoning: Use:
10. Requested zoning: I-2 Use: Outside storaqe
11, Are there any covenants of record which prohibit the proposed development? (Attach copy): No
12. List reasons for this request. (Attach additional sheets if necessary):Need to build sect]ri
& continued use as storage.
13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities,
refuse collection, surrounding properties, etc: (Attach additional sheets if necessary) Same use as now
Less traffic due to elimination of shrubs & debris, less refuse & a
cleaner general appearance will be maintained
14. Will there be sufficient off-street parking provided for the requested use? Parking will be provided
Explain: on lot 14 & 15, 27'x 136' there should not be a need for more
than 3 parking spaces.
15. List exhibits or plans submitted: Surveyor' s Certificate & Rezoning application.
PROPERTY OWN E.;~H S) APPLICANT'S
DATE: ,~ ' / 5- ? ? DATE:
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:
TELEPHONE (Business):
White- Planning
Canary - Inspection
(PLEASE DO NOT DETACH)
ZIP CODE:
AREA CODE:
Pink - Applicant
(Rev. 8/84) 101
Salina Planning Commission
April 20, 1999
Page 3
Mr. Williams stated we have no problem with that privacy fence. We have a very
nice one on our other parking lot, we just got done spending three quarters of a
million dollars on our facility there which really added to the surrounding area e
we are more than willing to do what is required to make the nei
with the people and so forth. We are just trying to get some additional so
we can off the street. The last time was a big blessing for us because using
Crawford to park and everything then. But
orse asked are there any other questions of the
: else present that would like to s
I will brin to the Planning Commission
Hearing none is
Hearing none
Mr. McDowell
ownership of the
Permit go with the use or with the
Mr. Andrew stated this the use that you are approving is a parking lot,
but in order to use this have to be used by a use that is allowed
in an R-1 zone. church's are Uses in R-l, parking lots that
serve church's as a Conditional in R-1 but a parking lot that would
serve or a dry cleaning because
those not permitted in R-1 so the lot'could be used to serve a use that
is residential district.
MOTION
SECOND:
VOTE:
Ann Weiner moved to approve Conditional Use Permit ~-1 subject to
additional landscaping being placed in the front yard along 9th Stre~d that a
revised parking lot layout and design be completed with the PI~ and
Engineering staff prior to issuance of a demolition permit for the house at 7'31 S.
9th.
Mr. Thompson seconded the motion.
Motion carried 5-0.
Mr. Hass arrived at this time.
Application #Z99-3, filed by James Boston, requesting a change in zoning district
classification from R (Single-Family Residential) District to I-2 (Light Industrial)
District on property legally described as Lots 14 & 15, Fairway Addition and Lot 4,
Block 1, in the Cloverdale Annex (aka 1307 Van Home). Table to May 4, 1999
due to illness of the applicant.
Mr. Andrew gave the staff report and stated this is an application to rezone property
that is currently zoned R (Single-Family Residential) to I-2 (Light Industrial). The
property is located at the far east end of Van Home east of Ohio and also includes a
finger of property that extends up to Prospect. The applicant recel~tly purchased
this property with the intent of using it as a site for a contractor storage yard with
outdoor storage. It does currently have a building on it, it is a 45 fi. by 55 ft. metal
building. We are unable to determine the age or origin, there was no building
permit for it in the files. The applicant came in and applied for a fence permit to
enclose this area for enclosed outdoor storage and the Zoning Administrator
determined that in order to do what he wished to do the property would need to be
rezoned. And so the request is to rezone these three lots one of which is on
Prospect from R to I-2. We have summarized on page two the restrictions and
limitations in the I-2 district. The 1-2 zoning would allow for open outdoor storage
as long as it is screened from any adjacent residential uses. In 1977 this entire area
was rezoned and designated R (Single-Family Residential) and since that time there
Halina Planning Commission
April :20, 1999
Page 4
have been a number of requests to go back in and up zone from R to I-2 for existing
uses and also to allow expansion of additional uses like contractor's offices. This
Commission has even seen some of those requests, one of which was on Prospect
recently. The applicant states that Lots 14 and 15 were formally used for
commercial purposes and is not a desirable residential location. He also says that
Lot 4 on Prospect is not a desirable place for new residential construction either.
Our observation would be that that is the trend on East Prospect and on Van Home
as well, to go away from residential and more toward commercial or light industrial
use. As far as the character of the neighborhood there are five residences on Van
Home, now there is Miller's Market on the comer and then there are five homes
and then there is a business in there which is a masonry contractor and storage yard.
You have a beer distributorship on the south side and then the railroad tracks form
an angle right here right at the edge of this property. So really Van Home is more
industrial in character at that end than residential. All of East Prospect is zoned
residential except for one lot but there are a mixture of uses. There are contractor's
offices, there are vacant lots and there are also residences. We just have a mix of
uses in this area and they do seem to be co-existing pretty well and the City's
Comprehensive Plan actually does show this area as future industrial and not as
residential so we believe that approval of this request would allow a mostly vacant
tract that is not likely to be developed for residential purposes be put into some
productive use and if it is properly screened it should not cause any injury to
adjoining properties and it would be consistent with the trends that we have seen in
this area. With that staff would be happy to address any questions.
Mr. Morse asked are there any questions of staff?.
Mr. McDowell asked if it is rezoned to I-2 there is a screening requirement?
Mr. Andrew stated correct. If they use that area for outdoor storage of any type they
would have to use solid screening to screen that from any adjoining residential uses
and there is an existing home in this location on Prospect so they will have to put
up a solid screening fence to screen that from view.
Mr. Morse asked are there any other questions of staff at this time? Hearing none,
does the applicant have anything they would like to add further to the staff report.
James Boston, 711 N. Santa Fe. I have already purchased fencing, board fence
approximately 7 fi. in height and the property adjacent to it on the west is fenced
with a similar fence. It has very narrow gaps in the boards, it is practically
impossible to see though, it is a solid treated wood fence and the other properties
there have been putting their fences on the property lines out there, except at the
street which are the 25 fi. setbacks. A building that is on there at the present time is
setback in excess of 25 fi. It is about 30 ft. of setback, but railroad property cuts
into that property across the front of it. As a matter of fact it cuts across 40 ft. of
the face of the property, you can't get into Lot 15 without going through Lot 14
without going on to railroad property. Now it has been used in the past for a vault
and casket company storage area and sales area over the past years. They moved
out of there is September I believe it was this last year. I plan on surfacing the lot
out there with crushed concrete, recycled concrete for hard surface to maintain so
they won't get stuck in the mud and we don't have problems getting in and out of
there with our equipment. At the present time the east side of that property of Lot 4
up there is heavy timber. That is one reason that I was wanting to put the fence on
the property line there so that that could be cleaned up and maintained. Right now
it is a trash pile, an eyesore and with that heavy timber in there it is almost
impossible to clean up and do anything with. There are trees in there from two
inches in diameter to over two feet in diameter down that property line and they are
~alina Pltlllfli]tg C(nlllnission
April 20, 1999
Page 5
not in a straight row. The property directly adjacent to the Lot 15 on the east is a
concrete contractor, he does basements, he has forms and trucks and that parked in
there. The properties as you notice are 240 fi. deep lots. Beside Lot 4 there the
present use of that is they have camping equipment, boats and so forth stacked or
stored in the back yard, the house sets out close to the street there. To go in and put
this in would improve greatly what it is at the present time. It has been kind of a
trash dump.
Mr. Morse asked are there any questions of Mr. Boston?
Mr. Andrew stated one thing that we did want to point out that we noted on page
four as far as the access, if you drive to the end of this street it is very difficult to
tell where the street ends and where the private property begins and you really can
not turn around at the end of this street without going onto the applicant's property.
And if he should choose to fence out to his property line which is his right to do,
then there really wouldn't be any place for anybody to turn around at the end of that
street and it may be to a point where we may be needing to look to having
additional right of way down there or having some sort of turnaround, but if he
were to develop this property and to fence that area off, you would get to the end
there and not have a place to turn around unless he had a driveway and it wasn't
gated or something short of using somebody's driveway there is no place to turn
around.
Mr. Boston stated there is one thing. That street is a wide street down there I think
it is 35 fi. one side of center line or 25 and 40, 65 ft. I believe it is in width. There
is a bunch of trees growing. But on the City street fight-of-way there just before it
gets to my property that could be cleared off and made a turnaround in there, a very
sufficient turnaround, it would be a larger turnaround than the one in front of my
property. It hasn't been maintained, it is just another trash area which actually
belongs to the street.
Mr. Andrew stated it is very difficult to define where the street really ends there
because it is all sand and dirt.
Mr. Boston stated it just tapers out down to nothing in there, it is only 20 some feet
wide where it crosses the area in front of Lot 14 and it comes down real sharp to a
point in there, but just adjacent west of there, there is a large enough area there that
you could make a turnaround and stay within the street property.
Mr. Andrew stated this is not directly related to this request but we did want to let
the Commission know that he could potentially fence that area off because it is his
property and it would change the way that works down at the end of the street.
Mr. Boston stated because the turnaround would be in the parking lot or parking
area there. That don't get along too good sometimes, if you have a truck parked in
there or somebody comes in there and run down there and they can't turn around, it
creates a problem.
Mr. Morse stated thank you for your input. Is there anyone else present that would
like to speak on this application? Hearing none I will bring it back to the Planning
Commission.
MOTION:
Mr. Thompson moved to approve this rezoning request from R to I-2 in that does
conform with the area and what is currently happening in that particular area.
SECOND: Mrs. Weiner seconded the motion.
VOTE: Motion carried 6-0.