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7.1 Zone EMI Add CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 6/16/86 4:00 P.M. AGENDA SECTION: Development ORI Gl NATI NG DEPAR~ENT: APPROVED FOR NO. 7 COMMUNITY DEVELOPMENT AGENDA:_ ] ITEM /~~ ~ NO. 1 BY: /A~, BY: RE: Application #Z86-10, filed by Bonita L. Stewart, requesting rezoning from R-2 (Multiple-Family Residential District) to C-5 (Service Co~ercial District) of Lots 17 and 19, Block 5, Episcopal Milita~ Institute Addition to the City of Salina, Kansas (approximately 926 N. Fourth St., or 300 to 348 E. Harsh St.) On June 3, 1986, the Salina City Planning Commission conducted a public hearing on the above-referenced application. The applicant proposes to utilize the referenced tract to construct and operate a restaurant. At the conclusion of the hearing, the Planning Co~ission voted unanimously (5-0) to reco~end that this application be approved, based upon the following findings-of-fact: 1. The change in classification would be consistent with the intent and purpose of this chapter; 2. Eve~ use that would be permitted on the property if it were reclassified would be compatible with the uses permitted on other property in the i~ediate vicinity since there is C-5 within ½ block; 3. Adequate sewer and water facilities, and all other needed public services, exist or can be provided to serve the uses that would be permitted in the proper~ if it were reclassified; 4. The proposed amendment would not correct an error in the application of this chapter; and COMMISSION ACTION MOTION 8Y SECOND BY TO: CITY OF SALINA REQUEST FOR COMMISSION ACTION OATE TIME 67"1'~7'86 4:00 P.M. AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. COMMUNITY DEVELOPMENT AGENDA: Planning Division TEM NO. BY: BY: Application,#Z86-10 Page 2 5. The proposed amendment is made necessary because of changed conditions in the area (the residential area is no longer viable and it appears to be changing into a redevelopment commercial area). If you concur with this recommendation, the attached ordinance should be placed on first reading today. Second reading would then be scheduled for June 23, 1986. Per Salina City Commission policy of August 28, 1978, which states, "...that all zoning requests will not be considered by the City Commission until all taxes are current on. the property being considered for rezoning," the Saline County Treasurer certifies that there are delinquent general taxes or special assessments on the subject property. The legal protest period expires June 17, 1986. Enc. Application #Z86-10 Vicinity Map Ordinance # 86-9138 COMMISSION ACTION MOTION BY SECOND BY TO: PUBLICATION DATE No Later Then 5/13/86 HEARING DATE 6/3/86 VICINITY MAP ATTACHED OK - KFI~ OWNERSHIP CERTIFICATE RECEIVED OK - KFR APPLICATION NO. DATE FILED FILING FEE RECEIPT NO~ ~'~~ Z86-10 5/2/86 $245 (INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (REZONING) Bonita T,, Stem~rt 1. Applicant's Name: 2. Applicant's Address 700 $, Santa ~e, 3. Telephone (Business): 4. Owner's Name: Ra~ett Dotson Salins, Kansas Sa=ah Jane Meckling (Home): ap Code: 67401 82~ - 89?9 Owner's Address 916 N. 4th Street , Salins, Kaz~sas Zip Code: 67401 Legal description of property to be rezoned (attach additional sheets if necessary): Lot(s) 17 and 19 (+ 10 feet of vacated street) In Block No. 5 In (~l~I) E~iscopal Military Institute Addition to the City of Salina, Kansas Subdivision Metes and bounds description if unplatted (a Surveyor's Certificate must be filed with this application and if approved will be required to be platted): 7. Approximate street address: 926 N. 4th Street 8. Area of property (sq. ft. and/or acresh 40' x 120' each lot or 80' (+ 10, vacated street) x 120' 9. Present zoning: R - 1 Use: . Rental 10. Requested zoning: C - 5 Use: -,:_~t~er7 a~-~a~.n busines~/~m~,:LI reta~l upon e3clpansion. 1 I. Are there any covenants of record which prohibit the proposed development? (Attach copy): None 12. Ust reasons for this request. (Attach additional sheets if necessary): ~xhibit A. ' ---:/--- 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) g~h~it A. 14. Will there be sufficient off-street parking provided for the requested use? Yes. Explain: ~_htbit A. 15. List exhibits or plans submitted: ~h~bit A and B. OWNER(S) ~' ~ APPLICANT'S ~ ~ '~' //////~ / PROPERTY ~- / ----r - /--~- / ..... SIGNATURE' '-~ ~'~ ,'~'~ ;'"f, ' ~?~>r SIGNATURE:,~~~ ~~~ DATE: ~/:' ~/~ '-- :~ ~- ~" ~ 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 - City Clerk Pink - Inspection (PLEASE DO NOT DETACH) ZIP CODE: AREA CODE: Gold - Applicant (Rev. 8/84) 101 Attachment to Application NO. ~_~_~__~_ Eatery(and retail) Lots I~ ~nd i7, Block ~ of(E}~) Episcopal Military Institute Addition. Exhibit A. Item No. 12. The reason for this rezoning request is to establish an Eatery for the convenience of all in tbs immediate area. (Fut,zre plans of small retail services to be blended in upon expansion.) There are quite a few establishments in th9 area to ~er~efit by this convenience, thus providing duration of additional employment. Several houses have been removed from the immediate area and Block ~ shows signs of at least three removals. Surrounding property, of vacant and raw land catagory, is available-for the right price; hence, will most likely draw interests of businesses rather than private residents, for rebuilding the area. Exhibit B shows commercial prcperty occupy's most of the area already and actually provides the life of the Blocks fronted by Pacific Avenue. Item No. I~. The effect on present and future traffic flow will be minimal or equal to other area businesses; will have minimal effect on dtilities and refuse collection, and no effect on school system. Other than vacant property (Exhibit B.), mos__~t surrounding non-commercial properties are rentals. Item No. 14. Yes, there will be sufficient off-street parking. Until further purchase for additional parking (growth), Lot ~9 will be used. V[NTH FIFTH Application # Z86-10 Filed by Bonita L. Stewart Lots 17 and 19, Block 5, EMI Addition (Approx. 926 N. Fourth St.) 3 ~ AVE. I~' lO Hamilton I? 13 14 Ha I? I~. 16 13 19 20 II i~. ? 8 sh , 7 AVK. 19' 13, ;I 9 ?, $, 3. I' "' i : Pcl'fic ~ 6 Request Area (Published ir, The Salina Journal June , 1986) ORDINANCE f,~UMBER 86-9138 Ah' ORDINANCE PROVIDING FOR THE AMENDMEHT OF ORDINANCE NUMBER 8526, TIlE SA,~.E BEING CHAPTER 42 OF THE SALINA CCDE, AND THE ZOf~ING DISTRICT MAP THER?H AND THEREBY ADOPTED AND PROVIDIfIO 1FOR THE REZONING OF CERTAIN PROPERTY WITHIn,'. THE CITY AND [PRESCRIBING THE PROPER USES TFIEREOF. 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 HOW, THEREFORE, BE IT ORDAIf,~ED by the Governing Body of the City of Salina, Section 1. AMENDMENT. DISTRICT C-5. SERVICE COMMERCIAL DISTRICT. That the Zoning District Map of the City of Salina, 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 17 and 19, Block 5, Episcopal Military Institute Addition to the City of Salina, Saline County, Kansas shall become a part of District C-5. SERVICE COMMERCIAL 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 SERVICE COMMERCIAL DISTRICTS. 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 16, 1986 Passed: June 23, 1986 [SEAL] ATTEST: Joseph M. Ritter, Mayor D. L. Harrison, City Clerk