7.1 Annex Magnolia Commons Addition
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
Planning
BY: Dean Andrew
BY:
ITEM: Ordinance No.1 0-1 0534
Consider annexation of a 9.3 acre tract of land located at the southwest corner of Magnolia Road and
1-135 to allow it to be added to the proposed Magnolia Commons Addition to the City of Salina.
BACKGROUND:
The three (3) applicants, Magnolia Development Partners, Premier Properties and Com.Co. of
Kansas, Inc., are partnering together and requesting the annexation of three (3) small tracts located
on the south and west sides of an existing annexed parcel in order to include those tracts in a
proposed subdivision plat. Companion applications have been filed requesting rezoning, site plan and
preliminary plat approval for this proposed commercial development.
The subject site is bounded by farm land on the west and south, 1-135 on the east and Magnolia
Road on the north. The 31 acre tract directly to the north and east was annexed into the city in 1997
to allow it to be included in the benefit district for the Magnolia Road interchange. The adjacent
property to the south and west is entirely within unincorporated Saline County. There is no existing
development along west Magnolia Road west of 1-135 except at Centennial Road. This "donut hole"
including Magnolia Road is currently outside the city limits and Magnolia Road is owned and
maintained by Saline County.
Annexation of the three parcels would provide additional right-of-way for Virginia Drive, a proposed
City street, and additional building area for a proposed home improvement store. The City's policy has
been to not allow the extension of City utilities to serve residential and commercial development
outside the city limits and to deny permission to connect to existing utilities unless the connecting
property is annexed into the city.
Both the City and County Comprehensive Plans recognize that this type of commercial development
requires a level of services that the City of Salina is best equipped to provide. Annexation will allow
utilities to be extended into a larger development area, 40 acres vs. the 31 acres currently annexed.
Availabilitv of Water and Sewer
This area west of the interstate is currently unserved by City water and sewer service. Preliminary
cost estimates for the installation of a looped water system tying back to Centennial Road, sanitary
sewer system and sewer pump station is in the neighborhood of $1.5 million. The cost of this system
will be paid by a combination of special assessments, deferred assessments, and/or cost recovery
fees.
Storm Drainaqe
The natural drainage pattern in this area is SW to NE into the 1-135 right-of-way. Runoff from this site
eventually drains back west to Dry Creek via the Magnolia Road ditch.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
Planning
BY: Dean Andrew
BY:
Street Access and Improvements
Magnolia Road was not annexed beyond the interchange area when the interchange was constructed
in 1998. The section of Magnolia Road between the interchange and railroad crossing east of
Centennial Road is owned and maintained by Saline County, however, there is no right-of-way for
Magnolia Road, it is located within a roadway easement. No improvements to this section of Magnolia
Road are anticipated in the near future.
Other Utilities
The annexation request area is within Westar Energy's service territory for electric service and is not
part of any rural water district so there are no franchise issues or district boundaries that would need
to be adjusted as a result of annexing this property into the city. Kansas Gas Services indicates they
will need to extend a gas line under the interstate to serve this area.
Emerqency Services
Annexation of this additional property would mean that the City of Salina Fire Department would be
responsible for providing EMS service and fire protection to the annexed area. Emergency response
would be from Station #3 on Belmont Boulevard. This site is within the limits of the area that can be
served with an acceptable level of response time from that station.
Adiacent Properties
The land to the south and west of this site is owned by Com.Co and is located in unincorporated
Saline County, except for one parcel owned by Premier Properties (Darrell Hills). Premier Properties
has filed an application to annex 4+ acres it owns at the southwest corner of Virginia Drive and
Magnolia Road into the city. That request is under review by the Planning Commission and is not part
of this application. The south boundary of the 31 acre Com.Co tract annexed in 1997 forms the
southern city limit boundary on the west side of 1-135 making this a contiguous parcel for annexation
purposes. Therefore, no action by the Saline County Commission would be required prior to City
Commission action on this annexation request.
Costs/Benefits of Annexation
The primary cost to the land owners associated with annexation would be paying the cost of their
proportionate share of utility and street improvements needed to make the site developable. In
addition this property and the building improvements on it would be subject to the City's property tax
mill levy, City sales tax, hotel-motel tax and franchise taxes.
Potential benefits to the owners include access to City water and sewer for their proposed
development, enhanced police and fire protection and reduced fire insurance premiums.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
Planning
BY: Dean Andrew
BY:
Comprehensive Plan
The city's future land use plan shows this tract as being suitable for future retail commercial
development. This tract is also within the Primary Service Area for extension of city utilities and
services meaning it would be eligible for the use of special assessment financing. Saline County's
future land use plan also shows this tract as being within Salina's Urban Service Area.
In addition to the land use plan, the following development policies are relevant to this annexation
request:
A2 Annexation will be required before facilities and services are provided to any site, except
for industrial uses which shall consent to future annexation.
A6 While county zoning classifications will be considered In annexation, the appropriate
classification under the City's zoning regulations must be determined and applied.
A7 The City will assist property owners and developers in Primary Service Areas in taking positive
steps toward annexation under the presumption that annexation is in the best interest to
property owners as well as to Salina as a community. Assistance includes, but is not limited to,
dissemination of city plans and information regarding annexation and making available City
staff resources to assist in the coordination of annexation matters.
Planninq Commission Recommendation
The Planning Commission reviewed the applicants' petition for voluntary annexation of this 9 acre "L"
shaped strip of land at their November 4, 2008 meeting. The Commission voted 7-0 to recommend
that this land be annexed into the corporate limits of the city to allow it to be part of a future City street
(Virginia Drive) and to allow an additional extension of the City's utility systems to the south.
COMMISSION ACTION:
If the City Commission concurs with the recommendation of the Planning Commission, the attached
ordinance annexing this 9.3 acre tract of land into the corporate limits of the city should be approved
on the first reading.
Enclosure: Application
Request Area Map
Ordinance No. 10-10534
cc: Bob Eckholt
Darrell Hills
John Marietta
Scott Nuttelman
Cilyof
~
Salina
Hearing Date
November 4, 2008 A Iication No.
A 08-1
N/A
Vicinit Ma
TB Filin Fee
Date Filed
October 3, 2008
Recei t No.
APPLICATION FOR ANNEXATION
1. Applicant's Name Mag nolia Development Partners, LLC
2. Applicant's Address 4000 W. 114th Street, Suite 141 Leawood, KS 66211
3. Telephone (daytime) 913-310-0888 x 1003
E-mail reckholt@eruces.com
4. General Location of Property The South 8.83 acres of a 40 acre tract located at the SW corner of Magnolia Rd. and
1-135.
5. Legal Description of Property to be annexed (attach additional sheets if necessary) See attached description
6. Size of Property to be Annexed (sq. ft. and/or acres) R R~ ;:Jr.r!'!!,;
7. List reason(s) for annexation (attach additional sheets if necessary) To provide for the extension of City utilities and
services for a proposed commercial development.
8. Present Zoning (Saline County) Ar-.
Use Aorir.1l1h Ir::ll
9. Proposed zoning if annexed PC-5 (PI::Inn~r1 C('\mm~rcial di!>trif't)
10. Number of persons residing on property to be annexed -0-
In submitting this application, I do hereby request the Salina City Planning Commission to consider the above-described
property for inclusion within the corporate limits of Salina, Kansas.
AppUcant(s) s;g"at"'~i~ Da,:
Applicant(s) Signature Date
9-2~ ~~~
.................................................................
Tfthe applicant is to be represented by legal counselor an authorized agent, e comp
correspondence and communications pertaining to this application may b orwar
Name of representative: Jeff Gillam Jones-Gillam Renz Architects
Complete Mailing Address, including zip code 730 N. 9th Street Salina, KS 67401
Telephone (Business): 827-3646
E-mail address:jgillam@jonesgiflam.com
PLF - 038, Rev. 10-2005 (T:\PLF Forms\Applications\PLF-038 Annexation.doc)
C1tyof
!:i Hearin Date November 4, 2008 A Iication No. A 08-1
Sc11i1lCl Vicinit Ma TB Filin Fee N/A
Date Filed October 3, 2008 Rece; t No.
APPLICATION FOR ANNEXATION
1. Applicant's Name Com.Co. of Kansas, Inc.
2. Applicant's Address P.O. Box 3546 Salina, KS 67401
3. Telephone (daytime) 820-0650
E-mail
4. General Location of Property A 10 ft. strip of land aQjoining the west side of the Magnolia Development Partners tract.
5. Legal Description of Property to be rezoned (attach additional sheets if necessary) See attached description
6. Size of Property to be Annexed (sq. ft. and/or acres) 14.QQ7 ~q ft I ~4 ::lr.rp.~
7. List reason(s) for annexation (attach additional sheets if necessary) So that all of the riaht-of-wav for Virainia Drive
(a future city street) will be located within the city limits.
8. Present Zoning (Saline County) M:::
Use Aorir.lllh Ir::lll::lnrl
9. Proposed zoning if annexed StreAt riol1t-nf_w::lY
10. Number of persons residing on property to be annexed -0-
In submitting this application, I do hereby request the Salina City Planning Commission to consider the above-described
property for inclusion within the corporate limits of Salina, Kansas.
Date ~ ~ ~ . ).,008"
/
Date
................... .............................................
If the applicant is to be represented by legal counsel or 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: John Marietta
Complete Mailing Address, including zip code P.O. Box 3546 Salina, KS 67401
Telephone (Business): 820-0650
E-mail address:john.comco@gmail.com
PLF - 038, Rev. 10-2005 (T:IPLF Forms\App/icationsIPLF-038 Annexation.doc)
City of
~ Hearin Date November 4 2008 Ap Iication No. A 08-1
salina Vicinit Ma T8 Filln Fee N/A
Date Filed October 3,2008 Receipt No.
APPLICATION FOR ANNEXATION
1. Applicant's Name Premier Properties, LLC
2. Applicant'sAddress 2129W. Humbarger Road Salina, KS67401
3. Telephone (daytime) 825-2311
E-mail
4. General Location of Property A 10ft. strip of land adjoining the west side of the Magnolia Development Partners
tra ct
5. Legal Description of Property to be annexed (attach additional sheets if necessary) See attached description
6. Size of Property to be Annexed (sq. ft. and/or acres) 4,174 sq. ft. / .10 acres
7. List reason(s) for annexation (attach additional sheets if necessary) So that all of the riqht-of-wav for Virqinia Drive (a
future city street) will be located within the city limits.
8. Present Zoning (Saline County) A~ Use Aarir.llltllr:'ll I~nrl
9. Proposed zoning if annexed
Street riqht-of-wav
10. Number of persons residing on property to be annexed -0-
In submitting this application, I do hereby request the Salina City Planning Commission to consider the above-described
property for inclusion within t te limits of Salina, Kansas. 'i",
Applicant(s) Signatun
Applicant(s) Signature
Date
9~Zbr-~
Date
.................................................................
lfthe 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: Darrell Hills
Complete Mailing Address, including zip code 2129 W. Humbarger Rd. Salina, KS 67401
Telephone (Business): 825-2311
E-mail address:
PLF - 038, Rev. 10-2005 (T;\PLF Forms\Applications\PLF-038 Annexation.doc)
Application #A08-1
A-1 Filed by Magnolia Development Partners
A-G
A-1
Request Area
A-G
A-G
1 Inch = 300 Feet
C-5
C-3
~
Salina Planning Commission
November 4, 2008
Page 3 of 5
MOTION: Mr. Householter stated I move that we approve Preliminary Plat Application
#P08-6 with the 7 recommendations made by staff, with the cul-de-sac on
Virginia Court being addressed in the final plat.
SECOND: Mrs. Soderberg.
VOTE: Motion carried 7-0.
) #4. Application #A08-1,' filed by Magnolia Development Partners, LLC, Premier
Properties and Com.Co. of Kansas, Inc. requesting the annexation of a 9.3 acre
tract of land to allow it to be added to the proposed Magnolia Commons Addition.
Mr. Andrew presented the staff report with visual graphics which is contained in
the case file.
MOTION: Mrs. Soderberg stated I move we recommend approval of Application #A08-1
requesting that 9 additional acres be annexed into the city.
SECOND: Mr. Mikesell.
VOTE: Motion carried 7-0.
#5. Consider proposed changes to the storm drainage / stormwater detention plan
for the Grand Prairie Addition residential subdivision located on the north side of
Cedar Ridge Drive east of the Mariposa Addition.
Mr. Andrew presented the staff report with visual graphics as contained in the
case file.
Greg Adams of Campbell & Johnson Engineers, PO Box 1332, Junction City, KS
spoke regarding the plan for on-site and off-site drainage and stormwater
detention as a representative of Cornerstone Development Group. He explained
that this site was very difficult as water flows in many directions. The preliminary
plat showed a plan to include a detention pond on the golf course between holes
#13 and #14 as a permanent water hazard. However, in order to accomplish this,
a number of mature trees would have been cut down. To avoid this, the pond
was then moved north, but it was then determined that it could potentially calJse
flooding of the fairway if there was a greater than 25 year rainfall event. Mr.
Adams explained that he was able to design a system that would hold back the
volume of water coming from the south in order to offset the water that the
Cornerstone Development would generate. He designed a channel that spreads
out the water and would slow it to 2 ft. per second. He explained that after this
design was implemented, there would actually be less water going into the
Mariposa pond than before. There was some thought about adding a second
(Published in the Salina Journal on
-,-.)
ORDINANCE NUMBER 10-10534
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN TRACT OF
LAND IN SALINE COUNTY, KANSAS IN CONFORMITY WITH THE PROVISIONS OF
K.S.A.12-519 TO 12-526, INCLUSIVE.
BE IT ORDAINED by the Governing Body ofthe City of Salina, Kansas:
Section 1. That the following described tract of land, to-wit:
A tract ofland located in the Northeast Quarter (NE/4) and the Northwest Quarter (l'J"W/4) of
Section Thirty-five (35), Township Fourteen South (T14S), Range Three West (R3W) of the
Sixth Principal Meridian in Saline County, Kansas, more particularly described as follows:
Beginning at the Northwest comer of the Northeast Quarter (NE/4) of said Section Thirty-
five (35);
Thence South along the West line of said Northeast Quarter (NE/4) on an assumed bearing
ofS 00005 '03" E, a distance of 1,409.17 feet;
Thence N 89053'10" E a distance of 1,321.08 feet to a point on the Westerly right of way
line ofI- 135 Highway;
Thence Southerly, along said Westerly right of way line and along a non-tangent curve to the
right an arc distance of289.02 feet, said curve to the right having a radius of5,579.58 feet, a
chord distance of288.99 feet and a chord bearing S 06050'44" E to an iron bar;
Thence S 89052'49" W a distance of 1,365.11 feet;
Thence N 00005'03" W, parallel with the East line of said Northwest Quarter
(NW/4) a distance of 4.56 feet to a non-tangent curve to the right;
Thence along said non-tangent curve to the right, an arc distance of 125.66 feet,
said curve having a radius of60.00 feet, a chord distance of 103.92 feet, and a chord bearing
ofN 00005'03" W;
Thence N 00005'03" W, parallel with and 10 feet perpendicular distance from said
East line of said Northwest Quarter (NW/4), a distance of 1587.92 feet to a point being on
the North line of said Northwest Quarter (NW/4);
Thence S 89034'44" E, along said North line of said Northwest Quarter (NW /4) a distance of
10.00 feet to the point of beginning;
Containing 403,659.54 square feet, 9.3 acres more or less.
meeting one or more of the classifications for annexation prescribed by K.S.A. 12-519 to 12-526,
inclusive, is hereby annexed and made a part of the City of Salina, Kansas.
Section 2. That the Salina Area Map (Figure 18, P, 172) of the Comprehensive Plan of the
City of Salina shows the above described tract as a Primary Service Area for the extension of the City
utilities and services.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced: February 22, 2010
Passed: Upon final platting
M. Luci Larson, Mayor
(SEAL)
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
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