7.2 Zone Magnolia Commons Addition
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
2
Planning
BY: Dean Andrew
BY:
ITEM: Ordinance No. 08-10476
Application #Z08-9 filed by Magnolia Development Partners LLC, requesting a change in zoning
district classification from Saline County AG and A-1 (Agricultural) to PC-5 (Planned Service
Commercial) and approval of a preliminary / final site development plan for a retail store on a 40 acre
tract of land located at the southwest corner of Magnolia Road and 1-135.
BACKGROUND:
This property was recently purchased from Com.Co. of Kansas, Inc. by a Kansas City development
group which is interested in developing this site with retail stores, restaurants and a lumber yard/home
improvement center. The primary anchor of this shopping center development would be a Menards
store. The request area is a 40 acre tract of land that is currently vacant and used for agricultural
purposes. The developer has filed this application to rezone the entire tract from Saline County AG
and A-1 to PC-5 to allow commercial development of the site. Because this is an application for
Planned Commercial zoning, the developer's engineers (Wilson & Co.) have submitted a preliminary
site plan showing the location, dimensions and setbacks of the proposed building, total floor area and
site coverage, proposed access drives and parking areas and conceptual landscaping on the Menards
site (Proposed Lot 4).
The majority of the subject property was annexed into the city in 1997 but has remained zoned A-1
(Agricultural) and is currently being cultivated. Approximately 9 additional acres are being proposed
for annexation as part of this development proposal. Neither this property or any of the surrounding
property has ever been part of any subdivision plat.
Sec. 42-8 of the Zoning Ordinance requires that land be subdivided in accordance with the city's
Subdivision Regulations prior to rezoning any area to any district other than A-1. The applicant has
submitted a companion preliminary plat application for the entire 40 acre tract (which was approved by
the Planning Commission) and an annexation application for the portion not already in the city limits.
The rezoning application should be considered first.
ZoninQ Ordinance ReQuirements
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 in this district would not blend well into prime retail area.
This is a request for PC-5 zoning to allow a lumber yard / home improvement center with outdoor
storage. If the applicant's request for PC-5 zoning is approved, development of lots within this
subdivision would be subject to the approved final site plan for each lot and the following standards
and limitations:
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
2
Planning
BY: Dean Andrew
BY:
1. Uses allowed - On Lots 1, 3 and 4, Block 1 all permitted uses listed in C-5, plus any conditional
uses approved by the City Commission. Permitted uses would include almost any commercial
or retail use, including auto sales lots, contractor's office, retail stores and restaurants and such
things as lumber yards, apartments and mini-warehouses as conditional uses. C-5 also allows
outdoor storage and display of goods and equipment. Any conditional use not specifically
requested in the district by the applicant at the initial zoning hearing would require a separate
application and a new public hearing as well as the submittal and approval of a site plan. In this
case, lumber yards (a C-5 conditional use) are being requested as a permitted use on Lot 4.
* Because this is a request for planned commercial zoning, the City Commission has the
discretion to restrict or eliminate any C-5 permitted uses it believes could be
incompatible with its vision for this location and the future development of the
surrounding area. The City Commission would also have the option of approving a
lesser change to PC-3 on the other two lots if that is consistent with the vision of the
developers.
2. Setbacks -
Front yard - 25 ft.
Side yard - None required but the Fire Dept. requires a 20 ft. access aisle beside and
between all buildings.
Rear yard - None required but the Fire Dept. requires a 20 ft. access aisle beside and
between all buildings.
3. Minimum lot width - 75 ft.
4. Minimum lot area - 7,500 sq. ft.
5. Maximum lot coverage - Up to 50% of each building lot
6. Maximum structure height - 50 ft.
7. Parking - For any retail stores - one (1) parking space for each two hundred fifty (250) square
feet of floor area.
For convenience stores - one (1) parking space for each two hundred (200) square feet of floor
area.
For eating and drinking establishments the requirements are as follows -- One (1) space for
each fifty (50) square feet of customer service or dining floor area or one (1) space for each
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
three (3) persons based on the maximum occupancy at designed capacity, whichever is
greater, provided that restaurants with drive-through service shall have eight (8) stacking
spaces for each drive-up window with four (4) of such spaces located at the ordering station,
and provided that drive-in restaurants shall have at least ten (10) parking spaces. All spaces
shall be designed so as not to impede vehicle circulation on-site or on abutting streets.
Planning
2
BY: Dean Andrew
BY:
For lumber yards the requirements would be the same as for other retail space.
8. Outdoor Storage - The C-3 zoning district severely limits the outdoor display and storage of
goods, materials and equipment. Outdoor display and sales is prohibited in the C-3 district with
the exception of accessory garden centers. Discount stores and grocery stores may have
outdoor display and sales of plants, nursery stock, gardening supplies and landscaping
materials provided the outdoor display area does not exceed 15% of the floor area of the store,
is separated or protected from the parking lot area and is not located in a front yard setback
area. Walmart, Target, KMART and Dillons Southgate fall within this category.
Sutherland's in Mid State Plaza is located in a C-3 district and the City has had an ongoing
enforcement battle with them over the outdoor storage of inventory and supplies. The applicant
is attempting to avoid this conflict by requesting C-5 zoning for the Menards site. C-5 does not
have the same restrictions on outdoor display and storage as C-3. The Lowes store on S. 9th
Street is also zoned PC-5.
9. Signage - In the C-3 district pole, ground and/or wall signs are allowed with the following
limitations:
a. Maximum sign area: Four (4) sq. ft. of sign area for each lineal foot of building frontage.
b. Maximum height: 30 ft. (The Planning Commission has imposed a 30 ft. height limit in
most Planned Commercial Districts).
c. Required setback: None
d. Advertising signs: No off-premise signs permitted.
In the C-5 district the size limitations are the same but the maximum sign height is 50 ft. Also,
interstate oriented signs adjacent to elevated roadways or bridges may be up to 70 ft. in height
and off-premise advertising signs are allowed in the C-5 district.
Because this would be a planned commercial district, staff would recommend that a master
sign plan be adopted for this development. Specifically, staff would recommend that the
development be limited to one freestanding pole or pylon sign per zoning lot, with a maximum
permitted sign area of 150 sq. ft. each and a maximum sign height of 30 ft. for signs on
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 4
Magnolia Road, Virginia Drive, Virginia Court and the north - south access easement, with no
maximum sign area and a maximum height of 70 ft. for interstate oriented signs. Additional
business facade or wall signs would be subject to the C-3 or C-5 sign regulations. For example,
Lot 1 would be allowed one 30 ft. pole sign in addition to the off-premise Menards sign. If Lot 3
were split into two zoning lots, two pole signs would be allowed in addition to the off-premise
Menards sign.
Planning
2
BY: Dean Andrew
BY:
Menards is proposing a 70 ft. tall, 600 sq. ft. sign oriented to the interstate which would fit within
these parameters.
*Waivers, Exceptions Requested:
The only exceptions being requested to the development limitations of the C-5 district that staff is
aware of at this time are:
1. A lumber yard with outdoor storage as a permitted use on Lot 4, Block 1 (the proposed
Menards site). PC-5 zoning is being requested to allow this use.
2. An exception to allow a 14 ft. tall front yard screening fence along Virginia Drive on Lot
4, Block 1.
3. A request to allow an off-premise 400 sq. ft., 70 ft. tall pole sign with a 200 sq. ft. reader
board on Lot 3, Block 1 adjacent to 1-135 and a 100 sq. ft., 15 ft. tall pole sign on Lot 1,
Block 1 adjacent to Magnolia Road.
If any development on this 40 acre site is proposed which is substantially different than what was
proposed on the preliminary site plan presented at the Planning Commission hearing, a new public
hearing and the submission and approval of a new site development plan would be required.
Suitabilitv of the Site for Development Under Existinq Zoninq
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 AG and A-1 zoning.
The subject site is a tract with approximately 1750 ft. of frontage along 1-135 and about 700 ft. of
frontage on Magnolia Road and the Magnolia Road entrance ramp to 1-135. The north 31 acres was
zoned A-1 when it was annexed into the city in 1997. A-1 zoning is one of the most limiting and
restrictive zones in the city's zoning regulations. There are currently no City utilities serving this site or
any of the surrounding property. However, its proximity to the 1-135 and Magnolia Road interchange
and other commercial development east of the interchange make it a prime location for commercial
development in the eyes of the applicant. They believe the current A-1 zoning serves to inhibit
development on this site compared to similarly situated property on the other side of the interchange.
Staff would agree that A-1 zoning certainly inhibits commercial development but the real obstacle to
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 5
growth west of the interstate has been the lack of public utilities. The City has initiated the design and
construction of a $1.5 million project to extend water and sanitary sewer service to the area along
Magnolia Road between Centennial Road and 1-135. Upon completion of this project this site will be
very suitable for commercial development.
Planning
2
BY: Dean Andrew
BY:
Although this property is extremely flat and water tends to pool on site, it is not located in any mapped
flood plain or in a critical drainage area. There are no flood plain regulations that would restrict the full
development of this site. The only other limiting factor on the commercial development of this property
is limited access. Due to the elevation of Magnolia Road and the restricted access acquired by
KDOT, access to this site is in the far northwest corner of the property. Since there is only one way in
and out of this area, careful attention needs to be paid to the proposed design of the Virginia Drive -
Magnolia Road intersection to insure that it can accommodate the volume of traffic that could be
generated by zoning this site for retail commercial development.
Character of the Neiqhborhood
This factor deals with whether the requested PC-5 zoning would be compatible with the zoning and
uses of nearby property.
The city's Future Land Use Plan shows all four quadrants of the Magnolia and 1-135 interchange as
being appropriate for retail commercial development. The area on the east side of the Magnolia Road
interchange is predominantly zoned C-3 and C-5. Therefore staff believes the requested zoning
change from A-1 to PC-5 would be compatible with the zoning and the existing and future uses of
nearby property.
Public Utilities and Services
This factor deals with whether the proposed rezoning will create traffic congestion, overtax public
utilities, cause drainage problems, overload public schools, 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.
Public water, sanitary sewer and gas lines are lacking at this time, however a plan is in place to
extend utilities to this site. Because this is essentially infill development between the developed city
east of 1-135 and the Airport Industrial Area, the change in zoning classification and uses proposed by
the applicant should not result in any additional burden on public facilities and services. Fire
protection would be provided by Station #3 located on Belmont Boulevard east of the interstate and
police protection is already provided to property west of 1-135. Access points, street design, traffic
control and drainage will be addressed in the plat review.
Conformance with Comprehensive Plan
This factor deals with whether the proposed rezoning would be contrary to the goals, objectives and
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 6
policies of the plan and whether the proposed rezoning would require an amendment to the plan and
whether an amendment could be reasonably justified.
Planning
2
BY: Dean Andrew
BY:
The Comprehensive Plan designates this area as future commercial retail. This designation envisions
that the area could be developed with retail and service businesses. Rezoning to PC-5 or PC-3 would
be consistent with this designation.
In addition to the plan map, the following Commercial Development Policies should be used to guide
development decisions:
C2 High-quality new commercial development should occur at selected locations in the future.
While many commercial areas could include a mix of uses, the Land-Use Plan recommends
that most new commercial areas be characterized by a dominant function, such as retail, office
or service. New commercial areas should be sized and located to serve specific needs within
the community. The amount of land reserved for commercial purposes should be based on
projected market demand and consumer needs.
C3 In general, all new commercial and office development should occur in planned commercial
areas. Further, "strip" commercial development should be discouraged. Wherever possible,
new commercial uses should be clustered in small groupings with shared parking and common
access drives, and should have a related design and appearance.
C4 Commercial and office development should occur only in locations served by transportation
facilities capable of handling the traffic to be generated by new development. Commercial uses
should not be allowed where street capacities will be exceeded by the additional traffic
generated, or where significant problems in access or compatibility with adjacent uses are
anticipated.
C8 All new commercial and office areas should be characterized by the highest possible standards
of design and construction. The design and appearance of buildings, site development,
landscaping, signs and graphics, and street furniture should all be of special concern. New
commercial construction should promote a distinct image and identity for individual areas.
C11 "Planned" office and commercial development should be encouraged wherever possible to help
ensure coordinated lot configuration, building design, access and parking, and overall
environmental features as well as compatible relationships between new and existing
development.
The draft Comprehensive Plan also designates this area as future commercial.
Review of Preliminarv Site Plan for Lot 4
Site Coveraqe
Total Land Area = 716,524 sq. ft. (16.45 acres)
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 7
Proposed Building Area = 162,340 sq. ft. w/ an additional 40,608 sq. ft. under roof
Total Site Coverage = 28%
C-5 Maximum = 50%
Planning
2
BY: Dean Andrew
BY:
Buildinq Orientation
Menards is proposing to reverse the orientation of their building so that the "front" of the store faces 1-
135 instead of Virginia Drive. The "rear" of the building would face Virginia Drive which is considered
the front yard for zoning purposes. The proposed building would be 480 ft. wide and 330 ft. deep and
would be set back 320 ft. from Virginia Drive. The building would be set back 25 ft. from the north
property line along Virginia Court, 250 ft. from the south property line and 290 ft. from the east
property line.
The main entry to the store would be on the east side of the building facing 1-135. A rear lumber yard
enclosure area would face Virginia Drive. A 14 ft. tall wood screening fence with storage racks would
enclose the lumber yard area. A 68 ft. x 320 ft. (26,000 sq. ft.) accessory warehouse building is
proposed in the northwest corner of the lumber yard area between Virginia Drive and the store
building. The exterior of the store building would consist of precast concrete wall panels with
horizontal accent striping on the front. The store building itself would be 27 ft. tall with a 38 ft. tall
mansard over the store entrance.
Buildinq Setbacks - The building shown on the preliminary site plan has adequate setbacks from
proposed public streets and adequate areas set aside for front yard landscaping. Paved parking and
driving areas may cover only 60% of the 25 ft. setback required adjacent to a public street. (Virginia
Drive and Virginia Court). This green space requirement will be reviewed at the final site plan review
stage for the remaining lots.
It appears that 20' paved access for fire apparatus has been provided around all sides of the building.
Parkinq - The parking ratio shown on the preliminary site plan slightly exceeds the City's minimum
requirements. On Lot 4, Block 1 (the proposed Menards site) there are 454 parking spaces shown
which computes to 2.2 spaces /1,000 sq. ft. of building floor area, however, much of the area under
roof is devoted to material storage and shipping and receiving which has a much lower parking ratio
than retail space. Staff has determined that a minimum of 441 spaces would be required under the
city's off-street parking standards, so the applicant's plan actually exceeds the city's minimum
requirements by 3%. If restaurants were to be located on the outlots, their parking requirements would
be calculated when individual site plans and floor plans are submitted.
Siqnaqe - The preliminary plan shows the proposed location of two free-standing off-premise pole
signs on Lot 1 adjacent to Magnolia and Lot 3 adjacent to 1-135. Elevation drawings of the proposed
signs are included in the packet. Staff views the main entrance at Magnolia and the frontage along 1-
135 as appropriate locations for larger pylon signs identifying tenants in the development. Off-premise
advertising signs are not permitted in the C-3 district so the applicant would have to make a specific
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 8
request to locate an off-premise identification sign on Lot 1, Block 1 adjacent to Magnolia if the City
Commission felt that C-3 was the most appropriate underlying zoning for the remaining lots.
Planning
2
BY: Dean Andrew
BY:
Signage plans for individual building sites would be reviewed and approved at the final site plan
review stage. Sign easements have been provided and identified on the plat for the two off-premise
Menards signs.
Landscapinq -
Site Perimeter - The preliminary plan shows landscape plantings along the two public street frontages
of the Menards site. The plan shows a 25 ft. wide landscape buffer or green space in the front yard
extending along the entire Virginia Drive and Virginia Court frontages except for driveway openings.
Individual landscape plans for Lots 1 and 3, Block 1 will be reviewed at the final plan review stage.
Parking Lots - Proposed landscaping is shown around the perimeter of the proposed parking area and
at the ends of parking rows. Landscape islands in the interior of the parking area have been provided
in order to improve the appearance of the lot by breaking up the wide expanse of asphalt and also to
provide shade for cars and the lot surface thus reducing heat build up. Islands are also located at the
end of every parking aisle. The City's Landscaping Regulations require that 5% of the total parking
area be set aside for landscape islands.
Traffic / Access
The primary design consideration for this proposed development was the geometric design of the
Virginia Drive - Magnolia Road intersection (the need for dedicated turning lanes and accel/decel
lanes) and matching the intersection to the existing access opening on the north side of Magnolia.
When KDOT acquired right-of-way for the Magnolia interchange they also acquired restricted access
along Magnolia except for a single access opening on this tract and the Wallerius property across the
street. Since the access points to both tracts are fixed, staff believes that they need to match up as
closely as possible to have a well designed, well functioning intersection.
The applicant's engineer is proposing a 3 lane intersection on Virginia Drive with a dedicated left turn
lane for traffic exiting this proposed shopping center. A third lane on Magnolia is being proposed to
allow a dedicated left turn lane for traffic entering this proposed shopping center from the east.
Providing adequate stacking space on Virginia Drive adjacent to Lot 1 will be an important design
consideration in determining appropriate access points into Lot 1.
It appears that adequate stacking space is provided at all the proposed exit points from the private
parking lot. The 3 proposed driveway openings on to public streets are 30 ft. wide which meets city
standards. Defined driveway entrances and the use of curbs and islands within the parking area on
the Menards site should help disperse and channel traffic down individual parking aisles and
discourage "cut through" movements in the parking lot. A 30 ft. driveway off of Virginia Drive would
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 9
provide access to the lumber yard area behind the store. There is a 40 ft. shared access easement
proposed along the east side of the Menards lot (Lot 4) that would provide access to and from
Menard's parking lot as well as Lot 3 along the interstate.
Planning
2
BY: Dean Andrew
BY:
As noted, fire lanes are proposed around the building for emergency vehicle access.
Staff required the developer to prepare and submit a traffic study as part of this rezoning application.
The study concludes that a traffic signal would not be warranted at the Magnolia Road - Virginia Drive
intersection upon full build out of this commercial development. If the Commission is concerned that a
traffic signal could be warranted in the future if Virginia Drive is eventually extended to connect with
Schilling Road and that this development should be required to participate, there are a couple of tools
that have been used to carry that out. One would be to require the developer to file a covenant
agreeing not to protest the creation of a future benefit district to pay for installation of a signal if and
when a warrant is met within a specific period of time. The other would be to place funds in an escrow
account to be called upon in the future if a warrant for signals is met.
Planninq Commission Recommendation
The Planning Commission conducted a public hearing on this rezoning application on November 4,
2008. Following presentation of the staff report, comments from a representative of Menards and
comments and questions from Commissioners, the Planning Commission voted 7-0 to recommend
approval of this application for Planned C-5 zoning and the preliminary site development plan for Lot
4, Block 1 (the Menards site), including the requested fence height variance, subject to satisfactory
platting of the property and the following conditions:
1. Development limitations shall be as follows:
a. Development and use of Lot 4, Block 1 shall be limited to a retail store and lumber
yard with outdoor storage plus those uses listed in the C-5 district regulations and
shall be subject to all bulk and use limitations in the C-5 district.
b. Development and use of Lots 1 and 3, Block 1 and Lots 1 and 2, Block 2 shall be
limited to those uses listed in the C-5 district regulations and shall be subject to all
bulk and use limitations in the C-5 district.
c. Use of Lot 2, Block 1 shall be limited to stormwater detention.
d. Approved signage for Lot 4, Block 1 shall consist of one (1) off-premise pylon sign
on Lot 1, Block 1 with a maximum permitted sign area of 100 square feet and a
maximum height of 15 ft. and one (1) off-premise pylon sign on Lot 3, Block 1 with
a maximum permitted sign area of 600 sq. ft. and a maximum height of 70 ft.
Signage on Lots 1 and 3, Block 1 shall be limited to one (1) freestanding pole or
pylon sign per street frontage with a maximum permitted sign area of 300 sq. ft.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 10
2
Planning
BY: Dean Andrew
BY:
and a maximum sign height of 70 ft. along Interstate 135 and a maximum
permitted sign area of 150 sq. ft. and a maximum sign height of 30 ft. along
Magnolia Road, Virginia Drive, Virginia Court and the north - south access
easement. Facade or wall signs for individual businesses shall be subject to the
C-5 sign regulations.
e. Parking for retail uses shall be limited to 5 spaces / 1,000 sq. ft. of floor area
unless an exception for additional parking is approved by the City Commission.
2. The City Engineer shall approve plans and specifications for the storm water detention
pond on Lot 2, Block 1 prior to issuance of any building permit for any lot in the Magnolia
Commons Addition; construction of the pond shall be completed prior to issuance of a
certificate of occupancy for any lot in the subdivision.
3. The developer shall be responsible for the construction of Virginia Drive to the south
boundary of the subdivision and all required improvements to the Magnolia Road -
Virginia Drive intersection shown on the approved site development plan.
4. A final site development plan and final landscape plan for each individual building site in
the Magnolia Commons Addition, including the detention pond site, shall be approved by
the Planning Commission prior to issuance of any building permits for these sites. The
site development plan for Lot 4 (the Menard site) submitted with the rezoning applciaiton
is hereby approved as the final site development plan for Lot 4.
5. Development of each lot within the Magnolia Commons Addition, including landscaping,
building elevations and signage shall conform to the approved final site development
plan.
6. A building permit for Phase I shall be applied for within eighteen (18) months of the
approval date or the approved development plan for Lot 4 shall become null and void
and the zoning of the site shall revert to its former classification.
7. A final plat of the Magnolia Commons Addition shall be submitted and approved prior to
final approval of a planned commercial district for this site.
The Planning Commission offered the following reasons in support of its recommendation:
1. Because of its interstate street frontage and visibility and the commercial development on the
other side of the interchange, the site is more suitable for commercial development than
agricultural or residential use;
2. The subject site is across the interstate from existing commercial zoning and a change to PC-5
and/or PC-3 zoning would be compatible with surrounding commercial development;
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
2/22/201 0
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 11
2
Planning
BY: Dean Andrew
BY:
3. A plan is in place to extend needed public utilities to this site and the developers will be
required to pay their proportionate share of the utility extension costs; and
4. A change to PC-5 or PC-3 zoning would conform with the city's Comprehensive Plan.
COMMISSION ACTION:
If the City Commission concurs with the recommendation of the Planning Commission the attached
ordinance should be approved on first reading. The protest period for this application expired on
November 18, 2008 and no protest petition was received. Second reading would be held in abeyance
until the final platting of the property occurs.
If the City Commission disagrees with the recommendation of the Planning Commission, it may 1)
overturn the Planning Commission and deny this request provided there are four (4) votes in support
of such action; or 2) return the application to the Planning Commission for reconsideration citing the
basis of its disagreement with the recommendation.
Encl: Application
Vicinity Map
Preliminary plat
Proposed site plan for Lot 4
Elevation drawings
Excerpt of PC Minutes 11/4108
Ordinance No. 08-10476
Cc: Bob Eckholt
Jeff Gillam, JGR Architects
Tim Miles, Wilson & Co.
Theron Berg / Scott Nuttleman, Menards
John Marietta
Attachment A
Comparison of C-5 vs. C-3 Zoning
The C-3 district is designed to accommodate businesses that serve the entire city or
region. The C-3 zoning district generally allows such retail uses as auto parts stores,
discount stores and grocery stores. It also allows fast food restaurants with drive thru
such as Wendy's. The C-5 district is similar to the C-3 zoning district in that it also
allows uses that serve a large market area and allows various retail uses, but it is
intended primarily to serve more intense retail and service businesses oriented to the
traveling public. In addition to the uses allow in C-3 zoning districts, C-5 zoning allows
such uses as boat sales, car washes, equipment sales and rental, recreational vehicle
and truck sales and automobile sales.
The primary difference between C-5 zoning and C-3 zoning, along with it's highway
business orientation, is that C-5 allows a number of uses that involve outdoor display
and storage such as used car sales, equipment sales and rental and contractor's
storage yards. C-3 is designed to accommodate only retail shopping facilities and
requires all storage and display of goods to be within an enclosed building. C-3 also
allows less lot coverage (40% vs. 50%), less building height (35 ft. vs. 50 ft.) and
restricts the amount of paving coverage in the front yard to 60% vs. 100% in C-5,
although the city's landscaping regulations do apply to new development in both
districts. Consequently C-3 zoned corridors tend to have a different streetscape
appearance than C-5 zoned corridors.
C-3 SHOPPING CENTER DISTRICT
Sec. 42-282. Permitted uses.
Permitted uses in the C-3 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4) Auditoriums and community theatres;
(5) Automobile sales and rental, within a completely enclosed building, except that
the outdoor display and sale of automobiles may be approved as a temporary use
provided that sales events shall be limited to a maximum of four (4) consecutive
days in any six-month period.
(6) Automobile service and accessory stores, provided that all service shall be
conducted within a completely enclosed building;
(7) Banks and financial institutions;
(8) Barbershops;
(9) Beauty shops;
(10) Bicycle shops;
(11) Blueprinting and photostating establishments;
(12) Bookstores;
(13) Business and professional offices;
(14) Camera and photographic supply stores;
(15) Carpet and rug stores;
(16) China and glassware stores;
(17) Churches, chapels, temples, synagogues, cathedrals and shrines;
(18) Department stores;
(19) Dog kennels, providing that such facilities are completely enclosed and that no
odor or noise is discernible outside the structure;
(20) Dry cleaning establishments;
(21) Drygoods stores;
(22) Florist shops;
(23) Food stores, including grocery stores, meat markets, bakeries, and delicatessens;
(24) Furniture stores;
(25) Furrier shops, including the incidental storage and conditioning of furs;
(26) Gasoline service stations;
(27) Gift shops;
(28) Governmental buildings;
(29) Group day-care centers provided that such use shall be separated from any
commercial or industrial use in accordance with the requirements of the city's
adopted building code;
"
(30) Hardware stores;
(31) Hobby shops;
(32) Hotels and motels;
(33) Interior decorating shops, including upholstering, making of draperies,
slipcovers and other similar articles which are conducted as a part of, or
secondary to, a retail operation;
(34) Jewelry stores;
(35) Leather goods and luggage stores;
(36) Mail-order houses;
(37) Medical and dental clinics, and guidance centers;
(38) Mortuaries and funeral homes; including crematories, providing that such
facility is completely enclosed and that no odor or noise is discernible outside
the structure;
(39) Music stores and musical instrument sales and repair;
(40) Newsstands;
(41) Optical sales;
(42) Package liquor stores;
(43) Paint and wallpaper stores;
(44) Pet grooming shops;
(45) Pet stores;
(46) Pharmacies;
(47) Physical and health services such as private gymnasiums and reducing salons;
(48) Private clubs (clubs and organizations, and fraternal and service clubs as defined
only);
(49) Printing plants;
(50) Public utility uses, including substations and ambulance services;
(51) Radio and television broadcasting stations;
(52) Recording studios;
(53) Research laboratories;
(54) Restaurants, including establishments with drive up window service and drive-in
establishments, serving food or beverages to customers for consumption on the
premises or in parked motor vehicles;
(55) Restricted production and repair limited to the following: Alteration and custom
tailoring of clothing for retail sale only; jewelry from precious metal; watches;
dentures; optical lenses; and other similar activities;
(56) Schools: music, dance or business;
(57) Self-service laundry and dry cleaning establishments;
(58) Small animal hospitals, providing that such facility is completely enclosed and
that no odor or noise is discernible outside the structure;
(59) Sporting goods stores;
(60) Tailors;
(61) Telephone exchanges and telephone transmission equipment structures;
(62) Theatres, indoor only;
(63) Travel bureaus and transportation ticket offices;
(64) Variety stores;
(65) Any other similar retail business not specifically listed is permitted if it complies
with the conditions and the restrictions contained in section 42-286 of this
chapter;
(66) Accessory and temporary uses, as permitted by article IV ofthis chapter;
(67) Signs, as permitted by article X ofthis chapter;
(68) Off-street parking and loading, as required by article XI ofthis chapter.
Sec. 42-283. Conditional uses.
Conditional uses in the C-3 district are as follows:
(1) Bus stations;
(2) Contractor's offices;
(3) Mini-warehouses;
(4) Multiple-family dwellings provided they shall be governed by the R-3 multiple-
family residential district requirements. Such requirements shall include
consideration of density, yards, off-street parking, lot coverage and all other
requirements for multifamily development as required in the R-3 residential
district, except that there shall be one (1) additional foot of setback for each two
(2) feet of height over thirty-five (35) feet;
(5) Multiple-family dwellings for elderly and/or handicapped persons with the
following permitted exceptions to the required bulk and lot size:
a. Minimum lot area: five hundred (500) square feet per dwelling unit.
b. Bulk regulations:
1. Maximum structure height: one hundred fifty (150) feet except as
provided in subsection (5)b.2.ii.
2. Minimum yard requirements:
1. Front yard: thirty (30) feet on all sides abutting a street.
11. Side yard: fifteen (15) feet except there shall be an additional side
yard setback of one (1) foot for each two (2) feet of height over
fifty (50) feet.
111. Rear yard: twenty-five (25) feet.
3. Maximum lot coverage: forty (40) percent.
(6) Taverns.
C-5 SERVICE COMMERCIAL DISTRICT
Sec. 42-317. Permitted uses.
Permitted uses in the C-5 district are as follows:
(1) Ambulance,services;
(2) Apparel stores;
(3) Appliance stores, sales and service;
(4) Automobile sales and rental and service;
(5) Automotive parts, wholesale;
(6) Automotive sales, service and parts;
(7) Banks and financial institutions;
(8) Barbershops;
(9) Beauty shops;
(10) Bicycle shops;
(11) Boat sales, rental and service;
(12) Bonding agencies;
(13) Bookstores;
(14) Bowling alleys;
(15) Business and professional offices;
(16) Camera and photographic supply stores;
(17) Car washes;
(18) Carpet and rug stores;
(19) China and glassware stores;
(20) Churches, chapels, temples, synagogues, cathedrals and shrines;
(21) Commercial off-street parking as a principal use;
(22) Contractor's office;
(23) Dog kennels, providing that such facilities are completely enclosed and that no
odor or noise is discernible outside the structure;
(24) Equipment sales and rental, not including heavy equipment type such as
bulldozers and cranes;
(25) Florist shops;
(26) Food stores and delicatessens;
(27) Fraternal and service clubs;
(28) Furniture stores;
(29) Garden stores; greenhouses and nurseries;
(30) Gasoline service stations;
(31) Gift and souvenir shops;
(32) Group day-care centers provided that such use shall be separated from any
commercial or industrial use in accordance with the requirements of the city's
adopted building code.
(33) Hardware stores;
(34) Hobby shops;
(35) Hotels and motels;
(36) Jewelry stores;
(37) Leather and luggage stores;
(38) Music stores and musical instrument sales and repair;
(39) Newsstands;
(40) Office equipment and supply;
(41) Optical sales;
(42) Package liquor stores;
(43) Paint and wallpaper stores;
(44) Parking garages and lots;
(45) Pawnshops;
(46) Pest control and exterminators;
(47) Pet stores and pet grooming shops;
(48) Pharmacies;
(49) Pitch and putt, and miniature golf courses;
(50) Printing plants;
(51) Private clubs;
(52) Public utility uses, including substations;t(53) Radio and television sales and service;
(54) Recreational vehicle rental, sales and service;
(55) Restaurants, including drive-in establishments, serving food or beverages to
customers for consumption onthe premises or in parked motor vehicles;
(56) Self-service laundry and dry-cleaning establishments;
(57) Service and fraternal clubs and lodges;
(58) Small animal hospitals, providing that such facility is completely enclosed and
that no odor or noise is discernible outside the structure;
(59) Sporting goods stores;
(60) Truck sales and service;
(61) Variety stores;
(62) YMCA, YWCA, and other similar organizations;
(63) Any other similar retail business not specifically listed is permitted if it complies
with the conditions and the restrictions contained in section 42-336;
(64) Accessory and temporary uses, as permitted by article IV of this chapter;
(65) Signs as permitted by article X of this chapter;
(66) Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, ~ 36-612(1); Ord. No. 81-8863, ~ 10,8-3-81; Ord. No. 83-8954, ~ 5, 1-24-83; Ord. No. 84-9029, ~ 4, 7-9-
84; Ord. No. 86-9158, ~ 1,9-22-86; Ord. No. 88-9241, ~ 5,4-11-88)
Sec.42-318. Conditional uses.
Conditional uses in the C-5 district are as follows:
(1) Amusement parks and skating rinks;
(2) Animal hospitals, provided that all pens shall be in an enclosed structure;
(3) Automobile repair;
(4) Group care facilities;
(5) Group rehabilitation facilities;
(6) Hospitals, sanitariums, rest homes and nursing homes;
(7) Lumber yards;
(8) Mini-warehouses;
(9) Multifamily dwellings, provided that:
a. New buildings and additions to existing buildings shall comply with the
requirements of the R-3 district and parking shall be provided in
conformance with section 42-553;
b. Conversions of existing nonresidential buildings shall comply with the lot
size requirements of the R-3 district (section 42-204) in addition to the bulk
regulations in the C-5 district and parking may be provided at one-half
ratio set forth in section 42-553.
(10) Multifamily dwellings for elderly and/or handicapped persons provided that:
a. New buildings and additions to existing buildings shall comply with the
requirements of the R-3 district, with the exceptions to the bulk and lot size
regulations permitted in section 42-203 and parking shall be provided in
conformance with section 42-553;
b. Conversions of existing nonresidential buildings shall comply with the
requirements of the R-3 district, with the exception to lot size regulations
permitted in section 42-203 in addition to the bulk regulations in the C-5
district and parking shall be provided in conformance with section 42-553.
(11) Outdoor theatres;
(12) Taverns;
(13) Telephone exchanges and telephone transmission equipment structures.
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SUMMARY MINUTES
SAUNA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Tuesday, November 4, 2008
MEMBERS
PRESEI\IT: Bonilla-Baker, Funk, Householter, Meier, Mikesell, Schneider, Soderberg
MEMBERS
ABSENT: Appleby, Ritter
STAFF
PRESENT: Andrew, Burger, Herrs, Hobbie, Nelson, Rein, Schrage, Snyder, Stack, and
Urba n
Mr. Andrew welcomed Rodney Meier as a new member of the Commission. He
was appointed to replace Margaret Yarnevich as one of the two outside the city
representatives on the Commission.
#1. Approval of the regular minutes of October 21,2008.
The minutes were approved as presented.
#2. Application #Z08-9, filed by Magnolia Development Partners LLC, requesting a
change in zoning district classification from Saline County AG and A-1
(Agricultural) to PC-5 (Planned Service Commercial) and approval of a
preliminary site development plan for a retail store on a 40 acre tract of land
located at the southwest corner of Magnolia Road and 1-135.
Mr. Andrew presented the staff report with visual graphics as contained in the
case file.
The Commission had questions of Mr. Andrew regarding items needing
clarification in the staff report on the applicant's rezoning request. His answers
are summarized as follows:
1. Mr. Andrew explained that the sign for Menards facing 1-135 is proposed to
be a 70 ft. pole sign and the sign on Magnolia would be shorter and
smaller. The size and height of the 70 ft. pole sign is not an issue, but the
Commission would have to approve the off-premise location of the sign
since the site plan being reviewed is for Lot 4 and the 70 ft. pole sign would
be located on Lot 3.
Salina Planning Commission
November 4, 2008
Page 2 of 5
2. Mr. Andrew explained that since Magnolia Parkway did not connect with
Magnolia Road and the names were conflicting, Magnolia Parkway was
changed to Virginia Court.
3. Mr. Andrew stated that Virginia Drive would have a cul-de-sac temporarily
at the south end to facilitate turning around until such time as the street
extended on to the south.
4. Mr. Andrew stated that to the south, future commercial development will
transition to residential some place north of Hollybrooke.
5. Mr. Andrew explained that Lot 2, Block 1 contains a detention basin. It was
given a lot number for ease of description and also in the event a shared
detention basin is placed somewhere else, it could be developed in the
future.
Theron Berg, a real estate consultant for Menards in Eau Claire, Wisconsin,
explained their interest in the Salina market, their plans for the property and
Menards construction timetable.
MOTION: Mr. Mikesell stated I'd like to make a motion that we recommend approval of
Application #l08-9 with the 7 conditions recommended by staff.
SECOND: Mrs. Soderberg.
VOTE: Motion carried 7-0.
#3. Application #P08-6, filed by Magnolia Development Partners LLC, Premier
Properties and Com.Co. of Kansas, Inc. requesting approval of a preliminary plat
of the Magnolia Commons Addition, a proposed 4 lot subdivision of a 40 acre
tract of land located at the southwest corner of Magnolia Road and 1-135.
Mr. Andrew presented the staff report on the preliminary plat with visual graphics
as contained in the case file.
Tim Miles, an engineer from Wilson & Company, answered questions and
clarified information regarding drainage at this site. The detention basin will have
a lift station. They are looking at a combination pump and gravity system. It has a
36 inch pipe and has been designed to handle a 25 year rainfall event. The water
flows north under the interchange, then after it reaches Magnolia it flows west in
the Magnolia Road ditch to Dry Creek.
Bob Eckholt of Magnolia Development Partners in Leawood, Kansas, the
developer of the property, stated that they were actively pursuing additional
retailers for the area. After a study of businesses near Menards in surrounding
states, he said restaurants, banks, drug stores, and sporting good stores were all
possibilities.