7.2 Zone Stone Lake
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
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.1 0-1 0548
Application #Z1 0-1, filed by ComPro Realty on behalf of Sparrowhawk Land Co., requesting a change
in zoning district classification from Saline County AG (Agricultural) to R (Single-Family Residential) R-
1 (Single-Family Residential), R-2.5 (Multi-Family Residential), C-1 (Restricted Business), C-2
(Neighborhood Shopping), C-3 (Shopping Center) district and C-5 (Service Commercial) for a
proposed mixed use development on a 150 acre tract of land located the northwest corner of Schilling
Road and Ohio Street in Saline County, Kansas.
BACKGROUND:
With the commercial zoning (PC-5 and PC-2) approved on the west side of Ohio Street and the
designation of the Schilling Road - Ohio Street intersection as a Neighborhood Center in the updated
Comprehensive Plan, the applicant is proposing a mixed use subdivision with commercial and multi-
family residential zoning being proposed along Ohio Street and lower density residential development
in the internal areas of the subdivision. The applicant has filed an application requesting C-5, C-3, C-2,
C-1, R-2.5, R-1 and R zoning as depicted on the zoning concept map attached to this report. Staff
would note that the illustration does not depict any C-1 zoning areas but it was staff's understanding
that C-1 zoning was being requested for the lot on the north side of Shoreline Drive fronting on Ohio
Street.
The subject property is contiguous to but outside the current city limits. Companion preliminary plat
and annexation applications have also been submitted for the property and were reviewed by the
Planning Commission on February 16, 2010 and again at a special meeting held on April 1 , 2010.
The Planning Commission conducted a public hearing on the applicant's original zoning request on
February 16, 2010. Much of the discussion focused on the size and depth of the proposed
commercial lots fronting on Ohio and the existence of a parallel street (Crystal Lake Drive) and
residential housing being proposed at the rear of those lots. Staff questioned whether the shallow lots
could really support C-3 type development and whether it was desirable to have commercial zoning
extend north of Shoreline Drive. There was also discussion about access to the lots facing Ohio and
whether the corner lot should be zoned C-5 or PC-5 with certain undesirable C-5 uses deleted. The
Planning Commission postponed consideration of the rezoning application pending receipt and review
of additional information requested on the preliminary plat.
Following the February 16 meeting, the applicant modified his request by reducing the amount of
commercial zoning requested north of Shoreline Drive, reducing the area requested for C-3 zoning
and requesting C-2 zoning instead and by submitting a letter indicating the permitted C-5 uses that he
was willing to eliminate or delete from the corner lot (see attached letter).
Staff would note that as a general rule C-5 / PC-5 zoning is designed and intended to accommodate
uses that serve the traveling public while C-2 / PC-2 is designed to accommodate businesses that
would serve the surrounding neighborhood. Staff would also note that business and professional
offices up to 2,000 sq. ft. in size are allowed as conditional uses in the R-2.5 district being proposed
along Ohio Street in the North half of the subdivision. A copy of the ordinance rezoning the Quail
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
Meadow property across the street is included in the packet.
Planning
2
BY: Dean Andrew
BY:
Intent and Purpose of C-5 District
The C-5 district is designed for those business 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 the uses permitted in this district would not blend well into a prime retail area.
If the applicant's request for C-5 zoning on the southernmost lot on Ohio is approved, development of
this lot would be subject to the approved final site plan and the following standards and limitations:
1. Uses allowed - All permitted uses listed in C-5, plus any conditional uses approved by the
Planning Commission. Permitted uses would include almost any commercial or retail use,
including retail offices, stores and restaurants. 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. The City Commission also has
the authority to delete any uses it believes would be incompatible with this location and
the development of surrounding property through a Planned C-5 district as was done in
Quail Meadow Estates on the northwest corner and Liberty Addition No. 2 on the
southwest corner of Schilling and Ohio.
2. Setbacks -
Front yard - 25 ft. from a public street, except that a setback of 75 ft. from center line
would be required on Schilling Road and Ohio Street which are arterial streets.
Side yard - None required but the Fire Department requires a 20 ft. access aisle
beside and between all buildings.
Rear yard - None required but the Fire Department requires a 20 ft. access aisle
behind all buildings.
3. Minimum lot width - 75 ft.
4. Minimum lot depth - 100 ft.
5. Maximum lot coverage - 50% of each building lot
6. Maximum structure height - 50 ft.
7. Parking - For any retail store - one (1) parking space for each 250 square feet of floor area.
For business and professional offices - one (1) parking space for each 300 square feet of floor
area.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
2
Planning
BY: Dean Andrew
BY:
For eating and drinking establishments - one (1) parking space for each 50 square feet of
customer service or dining floor area for one (1) space for each 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.
All parking spaces, driveways and maneuvering areas must be paved In accordance with
Section 42-552(e)2. of the Zoning Ordinance.
8. Signage - pole, ground and/or wall signs allowed.
Number of signs: No limit
Maximum sign area: four (4) square feet of sign area for each lineal foot of building
frontage.
Maximum height: 50 ft.
Required setback: none
Advertising signs: off-premise signs are permitted.
9. Outdoor storage - All operations, activities and storage must be conducted wholly inside a
building or buildings, except that storage may be maintained outside the building in side or rear
yards. All outdoor storage and vehicles in operating condition and off-street parking and
loading spaces shall be enclosed by screening as provided in Section 42-320(3)3.
10. Landscaping - front yard landscaping must be provided based on the street frontage and depth
of the lot.
Intent and Purpose of C-2 District
The C-2 (Neighborhood Shopping) District is designed to permit areas of convenience shopping
facilities of no less than one acre located to serve one or more residential neighborhoods. Permitted
uses in this district include: beauty and barber shops, dry cleaners, gift shops, medical offices, as well
as business and professional offices. All business establishments in this district must be retail or
service establishments dealing directly with consumers.
If the applicant's request for C-2 zoning for the northern lots is approved, development of those lots
would be subject to the following standards and limitations:
1. Uses allowed - All permitted uses in C-2, plus any conditional uses approved by the Planning
Commission. This would include uses similar to those listed above as permitted uses, and
hardware stores, restaurants, taverns as conditional uses and all permitted and conditional
uses listed in the R-3 district as conditional uses.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 4
2
Planning
BY: Dean Andrew
BY:
2. Setbacks-
Front yard - 25 ft. from the property line or 75 ft. from the center line of Ohio Street,
whichever is greater.
Side yard - None required, except when a side yard In this district abuts a
residential district, a side yard of fifteen (15) feet shall be provided.
Rear yard - None required, except when a rear yard In this district abuts a
residential district, a rear yard of fifteen (15) feet shall be provided.
3. Minimum lot width - 75 ft.
4. Minimum lot depth - 100 ft.
5. Minimum zoning area - 10,000 square feet unless contiguous to or within two hundred (200)
feet of a similar zoning district.
6. Maximum lot coverage - 35% of each building lot
7. Maximum structure height - 50 ft.
8. Maximum building size: 25,000 sq. ft.
9. Parking - For retail shops - one (1) parking space for each 200 sq. ft. of floor area
For business and professional offices - one (1) parking space for each 300 sq. ft. of
floor area.
All parking spaces, driveways and maneuvering areas must be paved In accordance
with Section 42-552(e)2. of the Zoning Ordinance.
10. Signage - pole, ground and/or wall signs
Number of signs permitted: 2 per business
Maximum sign area: one (1) square foot of sign area for each lineal foot of building
frontage.
Maximum height: 30 ft.
Required setback: No minimum setback, except that pole sign supports must maintain a
1 0 foot setback.
11. Landscaping - Front yard landscaping must be provided based on the street frontage and
depth of the lot.
If the applicant's request for R-2.5 zoning is approved, development of the R-2.5 areas depicted on
the zoning concept map would be subject to the following standards and limitations:
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO.
Page 5
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
2
Planning
BY: Dean Andrew
BY:
1. Uses allowed - All permitted uses listed in R-2.5 which would include apartment
buildings or townhomes plus any conditional uses approved by the Planning
Commission. Conditional uses include professional offices up to 2,000 sq. ft. if
located on an arterial or collector street.
2. Setbacks - Front yard - 25 ft. or 75 ft. from Ohio Street whichever is greater
Side yard - 7.5 ft., 10 ft. of entrances face the sides
Rear yard - 25 ft.
3. Minimum lot width - 60 ft.
4. Minimum lot area - 2,000 sq. ft. / dwelling unit.
5. Maximum building height = 75 ft.
6. Maximum lot coverage - 40%
7. Parking - Multi-family apartments are required to provide two (2) off-street parking
spaces for the first 20 dwelling units. All parking, driving maneuvering areas would have
to be surfaced with asphalt or concrete in accordance with Sec. 42-552(e)2. of the
Zoning Ordinance. Only 60% of the required front yard along Ohio Street or Crystal
Lake Drive can be covered with paving.
8. Landscaping / Screening - A landscape plan would have to be submitted with the
building permit application for apartments or offices. The landscaping / screening
requirements that would apply to those projects include:
a. Landscaped front yard - 15 sq. ft. of landscaped area per lineal ft. of street frontage.
b. Parking lot screening - 3 ft. high berm or plantings along Ohio and / or Crystal Lake
Drive.
c. Buffers - A 15 ft. landscape buffer IS required between residential and any
commercial uses.
9. Signs - One (1) ground sign and two (2) wall signs would be permitted on these lots to
identify apartment buildings.
* Staff believes that any approval of R-2.5 zoning in the southeast corner of the subdivision
should be made subject to confirmation that adequate fire flows are available to support multi-
family residential construction.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO. 2
Page 6
Conformance with the Comprehensive Plan
Planning
BY: Dean Andrew
BY:
This factor deals with whether the proposed rezoning would be contrary to the goals, objectives and
policies of the plan and whether the proposed rezoning would require an amendment to the plan and
whether an amendment could be reasonably justified.
The city's current Future Land Use Plan does not support the applicant's request for retail commercial
development along Ohio Street. The proposed rezoning of this area to C-5 and C-2 would require an
amendment under the currently adopted plan. However, the updated Comprehensive Plan which was
recommended for adoption by the Planning Commission on March 2, 2010 shows this property as
being part of a mixed use Neighborhood Center which would support the concept of commercial
zoning. In the updated plan a Neighborhood Center is described as a smaller mixed-use node
that consists of locally focused services that can include a residential component.
Convenience goods, such as smaller specialty grocery stores, personal services (dry cleaning,
beauty salon, bank), restaurants, gas stations and small office uses are the primary
commodities and services that are provided within neighborhood centers. Smaller,
appropriately scaled institutional uses such as churches, libraries or schools are also
appropriate for these centers.
The following Commercial Development Policies should be used to guide the Commission's land use
decision:
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.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 7
C12 Rezoning requests for new commercial developments must be carefully evaluated. If sufficient
need cannot be determined or if commercial development policies cannot be met, then the
rezoning request should not be approved.
Planning
2
BY: Dean Andrew
BY:
Planninq Commission Recommendation
The Planning Commission conducted public hearings on this rezoning application on February 16 and
April 1, 2010. Following presentation of the staff report, comments from a representative of the
landowner and comments and questions from Commissioners, Planning Commission voted 5-1 to
recommend approval of the rezoning of this property from AG to R, R-1 and R-2.5 in the residential
areas and PC-2 and C-5 with covenants enforceable by the City for the proposed commercial lots
along Ohio subject to satisfactorily platting of the property and the following specific conditions:
1. Development of Lots 1-6, Block 6 shall be limited to those permitted uses listed in the C-2 district
regulations, and shall be subject to all bulk, use and signage limitations in the C-2 district, except
that the maximum building height shall be 35 feet.
2. Development of Lot 1, Block 7 shall be limited to those permitted uses listed in the C-5 district
regulations, and shall be subject to all bulk, use and signage limitations in the C-5 district and use
covenants enforceable by the City of Salina.
3. A final site development plan for Lots 1-6, Block 6 shall be approved by the Planning Commission
prior to issuance of any building permits on these lots.
4. Development of Lots 1-6, Block 6, including landscaping and signage shall substantially conform to
the approved site development plan and landscaping plan for the lot.
The Planning Commission offered the following reasons in support of its recommendation:
1. The Schilling Road - Ohio Street intersection IS an intersection of two arterial streets
which is a suitable location for commercial development within the context of a neighborhood
center.
2. Because of the water line and street improvements recently made on Ohio Street and the
commercial zoning approved on the west side of Ohio Street, the southwest corner of the
Sparrowhawk property is more suitable for commercial development than continued agricultural
use or residential use. The remainder of the property is suitable for residential development /
redevelopment now that City water and sewer service are available.
3. The subject site is adjacent to existing PC-5 and PC-2 zoning on the west and a change to C-5
and PC-2 zoning would be compatible with the existing zoning pattern on the west side of Ohio
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
5/24/2010
TIME
4:00 P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
Development Services
APPROVED FOR
AGENDA:
ITEM
NO.
Page 8
Street. Approval of PC-2 zoning along Ohio would serve as a buffer zone between future
residential development to the east and a heavily traveled arterial street;
Planning
2
BY: Dean Andrew
BY:
4. This site is located in a Primary Growth Area for the city and needed public utilities and
drainage improvements are in place or can be readily extended to serve this 150 acre site;
5. The requested zoning changes would not be inconsistent or in conflict with the Neighborhood
Center designation in the city's updated 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 April
15, 2010 and no protest petition was received. Second reading would be held in abeyance until a final
plat of Stone Lake Addition is submitted and approved.
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.
Enclosure:
Application
Vicinity Map
Preliminary Plat
Excerpt of PC Minutes 2/16/10 and 4/1/10
Ordinance No. 10-0548
cc:
Jim Maes, ComPro Realty
Dane Barclay, Alsop Sand Co.
Stan Byquist
Zoning Discussion Points
#Z 10-1 Stone Lake Addition
1. Straight C-5 vs. Planned C-5 at the southwest and northwest corners of
Ohio and Schilling.
In both the Liberty Addition (SW corner) and Quail Meadow Estates (NW
corner), the Planning Commission recommended approval of Planned C-5
zoning with the deletion of certain undesirable uses from the list of
permitted uses and required Planning Commission review and approval of
future site plans. Should that apply to Stone Lake as well?
The applicant has provided a list of unwanted C-5 uses that could be
deleted from this development if a Planned C-5 district is created.
2. C-3 vs. C-2
Given the size and depth of the lots along Ohio Street, would a C-2 zoning
designation better fit those lots than C-3 (shopping center) district?
The Quail Meadow Estates lot on the west side of Ohio is zoned PC-2.
C-3 zoned lots are supposed to be part of a C-3 district no less than one
(1) acre in size and there is no C-3 zoning in the vicinity.
3. Should commercial zoning extend north of Shoreline Drive?
The drawing prepared by the applicant's surveyor does not show any
proposed C-1 zoning but it is staffs understanding that the applicant is
requesting some C-1 zoning north of Shoreline drive.
4. What direction should commercial development between Ohio Street and
Crystal Lake Drive face?
5. If Crystal Lake Place is shifted south Lots 1 and 2, Block 7 could be
merged into one C-5 zoned lot.
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REALTY
Februa ry 24, 2010
Dean Andrew
City Planning and Development Director
3,00 W. Ash
Salina, KS 67401
DearDean:
As a follow up to our recent Plannjngt~mmission m~.t.
uses in the C"3 Sh'opping Center District and {:- ,.
, feedback from the Commissioners~~ . "
these two zones 'by deletingth .i, all "
- ' . ,. -,,.;' :;f~;~~' :'..,
eries' . dGreen Houses
n res~o",ldb~ alfow.ed
. rol and Exterminators
ublic UtiHtySUbsta:tidl1s .' .
RecreaHonalVehicleRenti3I, Sales.and 5ervic~
Truck Sales&Ser\fic:~, .
. Lumber Yards
Mini Warehouse
Hopefully, these changes rT)eetwith thec;ommiS$ioneJ' s apptovi;l1. Wewould request your
guidance onwhetherthese deletions should be listed onthefinal platbr o:n~he subdivisio'n
restrictions. Thanks for your help,
.ComProRealty.
COMrv;ERCIA
. PROFESSIONALS
157 South Seventh
,salina, .KS' 67401
Tel (78S} 823-2609
Fax (785) /127-1691
DIVISION 12. C-2 NEIGHBORHOOD SHOPPING DISTRICT
Sec. 42-266. Design.
The C-2 district is designed to permit areas of convenience shopping facilities of no less
than one (1) acre so located to serve one (1) or more residential neighborhoods.
(Code 1966, S 36-609)
Sec.42-267. Permitted uses.
Permitted uses in the C-2 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Art galleries;
(4) Banks and financial institutions;
(5) Barbershops;
(6) Beauty shops;
(7) Bicycle shops;
(8) Bookstores;
(9) Business and professional offices;
(10) Camera and photographic supply stores;
(11) Churches, chapels, temples, synagogues, cathedrals and shrines;
(12) Dry cleaning and laundry receiving stations where no processing or cleaning of
clothing is done on the premises;
(13) Florist shops;
(14) Food stores, including grocery stores, meat markets, bakeries and delicatessens;
(15) Gift shops and variety stores;
(16) 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;
(17) Medical and dental clinics, and guidance centers;
(18) Mortuaries and funeral homes, including crematories, providing that such
facility is completely enclosed and that no odor or noise is discernible outside
the structure;
(19) Optical shops;
(20) Pharmacies;
(21) Public utility uses, including substations and ambulance services;
(22) Self-service laundry and dry cleaning establishments;
(23) Shoe repair shops;
(24) Studios or offices for artists, sculptors, authors, composers, photographers and
other similar uses;
(25) Tailor shops;
(26) YMCA, YWCA and other similar organizations;
(27) Any other similar retail business not specifically listed in any section is
permitted if it complies with the conditions and restrictions contained in section
42-271;
(28) Accessory and temporary uses, as permitted by article IV of this chapter;
(29) Signs, as permitted by article X of this chapter;
(30) Off-street parking and loading, as required by article XI of this chapter.
(Code 1966, ~ 36-609(1); Ord. No. 82-8918, ~ 1,8-9-82; Ord.No. 83-8954, ~ 2, 1-24-83; Ord. No. 84-9020, ~ 5, 5-7-
84; Ord. No. 84-9029, ~ 2, 7-9-84; Ord. No. 88-9241, ~ 2,4-11-88; Ord. No. 909386, ~~ 1,3,8-13-90)
Sec. 42-268. Conditional uses.
Conditional uses in the C-2 district are as follows:
(1) Hardware stores;
(2) Package liquor stores;
(3) Research laboratories (limited to medical records, statistical research, etc.);
(4) Restaurants, excluding drive-up window service and drive-in establishments;
(5) Small animal hospitals, providing that such facility is completely enclosed and
that no odor or noise is discernible outside the structure;
(6) Taverns;
(7) Telephone exchanges and telephone transmission equipment structures;
(8) All permitted and conditional uses in the R-3 district, provided that they shall be
governed by the requirements of the R-3 district.
(Code 1966, ~ 36-609(2); Ord. No. 909396, ~~ 2, 3,8-13-90)
Sec. 42-269. Lot size requirements.
Lot size requirements in the C-2 district are as follows:
(1) Minimum lot width: seventy-five (75) feet.
(2) Minimum lot depth: one hundred (100) feet.
(3) Minimum zoning area: Ten thousand (10,000) square feet unless contiguous to
or within two hundred (200) feet of a similar zoning district.
(Code 1966, ~ 36-609(3); Ord. No. 90-9379, ~~ 1,2,4-9-90)
Sec. 42-270. Bulk regulations.
Bulk regulations in the C-2 district are as follows:
(1) Maximum structure height: fifty (50) feet.
(2) Yard requirements:
a. Front yard:
1. Property located adjacent to the following various types of streets shall
maintain the following yard requirements regardless of whether it is a
front, side, or rear yard, or any combination thereof:
1. Residential street: twenty-five (25) feet from the property line or
fifty-five (55) feet from the center line, whichever is greater.
11. Collector street: twenty-five (25) feet from the property line or
fifty-five (55) feet from the center line, whichever is greater.
111. Arterial street: twenty-five (25) feet from the property line or
seventy-five (75) feet from the center line, whichever is greater.
2. When an addition to an existing nonconforming structure located on a
comer lot is to be constructed, said addition may be allowed to match
the front yard setback of the existing structure, provided that the front
yard so affected does not abut an arterial street with right-of-way less
than one hundred (100) feet, and further provided that the construction
conforms with all remaining bulk regulations.
b. Side yard: none required, except when, a side yard in this district abuts a
residential district a side yard offifteen(15) feet shall be provided.
c. Rear yard: none required except when a rear yard in this district abuts a
residential district, a rear yard of fifteen (15) feet shall be provided.
d. Canopies used in conjunction with retail gasoline service may extend up to
twelve (12) feet into the required front yard setback. At no time shall the
canopy extend over the right-of-way.
(3) Maximum lot coverage: thirty-five (35) percent.
(Code 1966, ~ 36-609(4); Ord. No. 83-8970, ~ 1,8-22-83; Ord. No. 84-9003, ~ 10,2-13-84; Ord. No. 86-9142, ~ 8,7-
21-86)
Sec. 42-271. Use limitations.
Use limitations in the C-2 district are as follows:
(1) All business establishments shall be retail or servIce establishments dealing
directly with consumers. All goods produced on the premises shall be sold at
retail on the premises where produced.
(2) All business, service, storage and display of goods shall be conducted within a
completely enclosed building, except that an area equivalent to not more than
five (5) percent of the total floor area may be used for open display and sales.
(3) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any
property located in a residential district and so that no glare is visible to any
traffic on any public street.
(4) Sight obscuring screening of not less than six (6) feet in height shall be provided
along all lot lines that abut a residential district; however, if the property actually
utilized for permitted or conditional nonresidential purses (including accessory
parking areas) lies one hundred (100) feet or more from an abutting residential
lot line, no screening is required along that lot line.
(5) No individual business establishment shall occupy more than twenty-five
thousand (25,000) square feet of floor space.
(Code 1966,36-609(5); Ord. No. 84-9002, S 2, 2-13-84)
Sees. 42-272--42-280. Reserved.
QUAIL MEADOW
ESTATES
ADJOINING SUBDIVISION:
BONNIE RIDGE ADDmON
Adj olnlna
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P.lOt & lami. Lalhan
2829 M.Jaoi. Lan.
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Mi....J & Ch"l'J Adjolnlna Landowner: Slandlor<! ~ EI.anor
Will,. MBI)' 8"Il1500. TNs! MIll
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Dl:rrilO Thompson
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Pag~ -;02
Application #Z07 -10
Conceptual Site Development
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Project Developer:
Quail Meadow Estates Inc.
At!: Stan Byquist
260 I S. Ohio Street
Salina, KS
Project Surveyor:
Landmark Surveying & Mapping, Inc.
At!: Jason Johnson
P.O. Box 97
Abilene, KS
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Olsson Associate8
At!: Sam Malinowsky
2627 KFB Plaza, Suite 101 W
Manhattan, KS
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Proposed Preliminary Plat
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20' Dedicated 10 the Public this Plat
2 38.23 (M ) 26 8
(Published in the Salina Journal on May _,2008.)
ORDINANCE NUMBER 07-10413
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE SALINA
COMPREHENSIVE PLAN AND ORDINANCE NUMBER 8526, THE SAME BEING
CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN
AND THEREBY ADOPTED AND PROVIDING FOR THE REZONING OF CERTAIN
PROPERTY WITmN THE CITY AND PRESCRIBING THE PROPER USES THEREOF.
WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the
rezoning of certain property therein, hereinafter described have been timely complied with, SO
NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. COMPREHENSIVE PLAN AMENDMENT. That the Comprehensive Plan
shall be amended as follows:
That the Land Use Map (Figure 11, P. 107) of the Comprehensive Plan of the City of
Salina be amended as follows:
The area extending one quarter mile north of Schilling Road and Six Hundred Sixty-
Seven (667) feet west of Ohio Street be changed from future commercial office to future
commercial retail.
Section 2. AMENDMENT. DISTRICT "PC-2". PLANNED NEIGHBORHOOD
SHOPPING 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:
Lot One (1), Block One (1) in the Quail Meadows Commercial Addition to the City of
Salina, Saline County, Kansas.
shall become a part of DISTRICT "PC-2" PLANNED NEIGHBORHOOD SHOPPING.
Section 3. CONDITIONS OF APPROVAL. The use of said described property shall be
subject to all the conditions, restrictions and limitations as made and provided for in Ordinance
Number 8526, the same being Chapter 42 of the Salina Code with reference to the
NEIGHBORHOOD SHOPPING DISTRICT. Development of the property shall be subject to the
preliminary plans on file with City Planning Commission and/or City Clerk and the following
conditions:
1. Development of Lot 1, Block 1 shall be limited to those permitted uses listed in the
C-2 district regulations, and shall be subject to all bulk, use and signage limitations
in the C-2 district, except that the maximum building height shall be. feet.
35
2. A final site development plan for Lot I, Block I shall be approved by the Planning
Commission prior to issuance of any building permits on these lots.
3. Development of Lot I, Block I including landscaping and signage, shall
substantially conform to the approved site development and landscaping plan for the
lot.
Section 4. AMENDMENT, DISTRICT "PC-5" PLANNED 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:
Lot I, Block 2, of the Quail Meadows Commercial Addition to the City of Salina, Saline
County, Kansas.
shall become part of DISTRICT "PC-5" PLANNED SERVICE COMMERCIAL DISTRICT.
Section 5. CONDITIONS OF APPROVAL. The development and use of said described
property shall be subject to all the conditions, restrictions and limitations as made and provided for
in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the "C-
5", SERVICE COMMERCIAL DISTRICT regulations. Development of the property shall be
subject to the preliminary plans on file with the City Planning Commission and/or City Clerk and
the following conditions:
l. Development of Lot I, Block 2 shall be limited to apparel stores; appliance stores;
sales and service; automobile sales, indoor sales office only; automotive parts; banks
and financial institutions; barber shops; beauty shops; bicycle shops boat sales;
indoor sales office only; bookstores; business and professional offices; camera and
photographic supply stores; carpet and rug stores; car washes; china and glassware
stores; churches; chapels, temples; synagogues; cathedrals and shrines; contractor's
offices, not including outdoor storage yards; convenience stores, with or without car
was; florist shops; food stores and delicatessens; furniture stores; garden stores,
indoor display and sales only; gasoline service stations; gift and souvenir shops;
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; hardware stores; hobby shops; hotels and motels; jewelry
stores; leather and luggage stores; medical and dental clinics; music stores and
musical instrument sales and repair; newsstands; office equipment and supply;
optical sales; package liquor stores; paint and wallpaper stores; pharmacies; pet
stores; radio and television sales and service; restaurants, including drive-in
establishments, serving food or beverages to customers for consumption on the
premises or in parked motor vehicles; self-service laundry and dry cleaning
establishments; service and fraternal clubs and lodges; small animal hospitals;
sporting good stores; truck sales, indoor sales office only; variety stores; YMCA,
YWCA, and other similar organizations; accessory and temporary uses, as permitted
by Article IV of Chapter 42; signs as permitted by Article X of Chapter 42; off-street
parking and loading, as required by Article XI of Chapter 42 , and shall be subject to
all bulk, use and signage limitations of the C-3 (Shopping Center) district.
2. A final site development plan for Lot I, Block 2 shall be approved by the Planning
Commission prior to issuance of any building permits on these lots.
3. Development of Lot 1, Block 2, including landscaping and signage, shall
substantially conform to the approved site development and landscaping plan for the
lot.
Section 6. That all prior ordinances in conflict herewith as they relate to the above described
real estate are hereby repealed.
Section 7. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced:
Passed:
September 10, 2007
May 19,2008
John K. Vanier II, Mayor
[SEAL]
ATTEST:
Shandi Wicks, Deputy City Clerk
~..,
!:.i
Salina
Publication Date Application
January 26, 2010 No. IIZIO-l
Hearing Date Date Filed
Februarv 16 20IC January 8, 2010
Vicinity Map Attached Filing Fee $390.00
TB
Ownership Certificate ;r:B Receipt No. 111667 & 111668
Pla.nnJ.ng &'
Community
Dp.vp.Janment
APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP
1. Applicanfs Name Jim and Jeff Maes, ComPro Realty, Ince
2. Applicant's Address 157 S. 7th, Salina, KS 67401
3. Telephone (daytime) 785.493.8500 E-mail jimm@comprorealty.com
4. Owner's Name Sparrowhawk Land Co. & Alsop Sand Company, Inc
P.O. Box 331 Concordia, KS 66901
5. Owner's Address
5. Legal Description of Property to be rezoned (attach additional sheet if necessary) See Attached Plat
6. Approximate Street Address
Northeast corner of Ohio and Schilling, Salina
7. Area of Property (sq. ft. and/or acres) 150.62 ac
8. Present Zoning County Ag
9. Requested Zoning R-1,R-2.5,C-3,C-5
Use Agricultural and Sand Reclamation
Use Residential and Commercial
10. Are there any covenants of record which prohibit the proposed development? YEs[] (attach copy) Nc0
11. List reasons for this request (attach additional sheets if necessary): Development of properly around a reclaimed
sand and gravel operation
12. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities,
emergency services, surrounding properties, etc. (Attach additional sheets if necessary): The development meets
The City's standard for access to the adjoining major arterial Street, Ohio. Adequate utilities are adjacent or
on the site. Schools and emergency services are adequate to meet the needs of this development.
13. Explain how off-street parking will be provided for this requested use: All off street parking will meet City
requirements.
Owner(s)
Signature
Date: 12.30.09
If the 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: Jim and Jeff Maes. CornPro Realty
Complete Mailing Address, including zip code 157S.7th.SaIna. KS 67401
Telephone (Business): 785.452.8807 E-mail address: jimm@comprorealty.com
PLF - 051, Application Amendment to District Zoning Map, Rev. 10-2005
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Preliminary Plat
DEVELOPMENT SERVICES
PLANNING AND COMMUNITY DEVELOPMENT
Dean Andrew, Planning and Zoning Administrator
300 West Ash . P.O. Box 736
Salina, Kansas 67402-0736
City of
!:i
Salina
TELEPHONE. (785) 309-5720
FAX. (785) 309-5713
TDD . (785) 309-5747
E-MAIL .dean.andrew\a>.salina.orQ
WEBSITE . www.salina-ks.Qov
April 16, 2010
Jim Maes
Com Pro Realty
157 S. ih Street
Salina, KS 67401
RE: Application #P1 0-1
Preliminary Plat of Stone Lake Addition
Dear Jim:
This letter is to inform you that the Salina City Planning Commission met at a special meeting on
April 1, 2010 and considered your application for approval of a preliminary plat of the Stone Lake
Addition, a proposed 178 lot subdivision of a 150 acre tract of land located at the northeast corner
of Schilling Road and Ohio Street. Following presentation of the staff report, your comments, and
discussion and questions by Commissioners, the Planning Commission voted 6-0 to approve the
proposed preliminary plat of the property subject to the following conditions:
1. The developer will be responsible for all on-site public improvements shown on the preliminary
plat drawing and preliminary infrastructure plans submitted by Cook, Flatt and Strobel. This
inclUdes internal public streets, water lines, sanitary sewer laterals and drainage
structures designed to carry runoff to the sandpit shown on Sam Malinowsky's
preliminary plans.
2. The City Engineer and Director of Utilities shall approve preliminary plans and specifications
for the internal public streets, water and sanitary sewer line extensions and stormwater
collection and detention facilities needed to serve this subdivision prior to Planning
Commission consideration of a final plat. All needed utility and drainage easements shall be
provided on the final plat. This means that Martha Tasker will need to approve the final
alignment of the 12" water main extending east from Ohio Street. The City's preferred
extension plan has been forwarded to Sam Malinowsky.
3. The applicant shall obtain a letter from the City Engineer approving the final storm drainage
design plan and runoff calculations for this proposed subdivision and confirming that all
development runoff will be detained or retained on site prior to consideration of a final plat. Mr.
Malinowsky needs to submit his runoff calculations to the City Engineer for review.
4. A phasing plan indicating the proposed phasing of public improvements based on needed
water line extensions and projected fire flows shall be submitted with the final plat. Mr.
Malinowsky may need to revise this plan based on the phasing of water line extensions.
5. Restricted access markings shall be shown along Ohio Street and Schilling Road except for
approved street and driveway openings. Access to Ohio Street shall be limited to Shoreline
Jim Maes
#P10-1
Page 2 of 3
Drive, a shared driveway located opposite Joanie Lane and Crystal Place Drive. Access to the
remaining commercial lots on Ohio would be from cross-access easements parallel to Ohio
Street or Crystal Lake Drive. Staff would recommend that Crystal Place Drive be shifted to the
south to line up with the approved access opening on the west side of Ohio Street and that
Lots 1 and 2, Block 7 be merged. The developer would have the right to request a break in
restricted access on the Ohio Street frontage of Lot 2, Block 7 if it were justified in the future.
Shown on the final plat.
6. A covenant agreeing not to protest the formation of a special assessment benefit district for the
paving of Schilling Road shall be executed by the property owner and recorded with the final
plat. Prepared and submitted with the final plat.
7. Buildings on Block 6 and 7 (the double frontage lots) shall be oriented to face and shall be
addressed on Ohio Street.
8. In reclaimed areas, all soil cover must be compacted and compaction tests conducted
following placement of reclamation material. A soils report will need to be prepared for each lot
which include a soils analysis, the results of boring tests indicating the depths at which stable
soils were found and the elevation of the water table.
This condition was modified at your request to cover the "reclaimed areas" consistent
with Mr. Barclay's Conditional Use Permit instead of all of Block 4. The Building Official
indicated that he believes tests are needed in all "disturbed areas" not just "reclaimed
areas". Staff's goal is to have some sort of note on the plat putting lot buyers and
builders on notice as to what type of soils testing I soils reports will be required prior to
construction and where it will be required.
9. No multi-family development shall occur on Lots 27-31, Block 4 and Block 9 unless the
Director of Utilities certifies that adequate flow exists to meet minimum fire flow requirements
for multi-family construction. In the alternative, new construction must conform with the
exemption criteria in the fire code.
10. Section corner ties, subdivision and block corners and a curve data table shall be provided on
the final plat.
If you have any questions about the Planning Commission's action, please feel free to contact me
at 309-5720. If you would like to set up a DRT meeting to go over any of these conditions of
approval in more detail, please contact Jennifer Rein, Development Coordinator, at 309-5715. As
discussed, the next step would be to address and incorporate the items identified in bold type to
serve as the basis for preparation of a final plat that will be filed as the next step. A final plat
processing schedule is also attached.
Sincerely,
C-;)~q~
Dean Andrew
Planning and Zoning Administrator
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SUMMARY MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Tuesday, February 16, 2010
MEMBERS
PRESENT: Birdsong, Hodges, Householter, Kennedy, Meier, Mikesell, Ritter, Ryan and
Soderberg
MEMBERS
ABSENT: None.
STAFF
PRESENT: Andrew, Burger, Herrs, Hobbie and Urban
#1. Approval of the summary minutes of the regular meeting held on February 16, 2010.
The summary minutes of the February 2, 2010 meeting were approved as presented.
#2. Application #Z10-1, filed by ComPro Realty on behalf of Sparrowhawk Land Co.,
requesting a change in zoning district classification from Saline County AG
(Agricultural) to R-1 (Single-Family Residential), R-2.5 (Multi-Family Residential), C-3
(Shopping Center) district and C-5 (Service Commercial) for a proposed mixed use
development on a 150 acre tract of land located at the northeast corner of Schilling
Road and Ohio Street in Saline County, Kansas.
#3. Application #A 10-1, filed by ComPro Realty on behalf of Sparrowhawk Land Co.,
requesting annexation of a 150 acre tract of land located at the time of northeast corner
of Schilling Road and Ohio Street in Saline County, Kansas.
Mr. Andrew notified the Commission that Items #2 and #3 would be presented and
heard at the same time.
Mr. Andrew presented the staff reports with visual graphics which are contained in the
respective case files.
Mr. Mikesell stated that he was concerned about the number of lots and the limited
number of access points into the subdivision.
Mr. Andrew stated that there could be access to Schilling Road in the future when
Schilling is upgraded to City standards but the applicants are trying to avoid having to
make those improvements up front.
Mr. Stack stated that there needs to be at least two access points and there might be a
possibility of connectivity to the north.
Mr. Householter asked about the requirements for transitioning to commercial from
residential zoning.
February 16, 2010
Page 2 of 6
Mr. Andrew stated that a good example would be Green Lantern at 9th and Crawford as
they were required to provide a 15 ft. buffer and fence between their property and the
surrounding residential properties.
Jim Maes, ComPro Realty, 157 S. ih, stated that their goal was to create an exclusive
residential community. There will only be one entrance, but it will be extra wide. There
will be a lake with beach access, a bath house, a playground and a pool. They are
planning on having only 1 commercial lot north of Shoreline Road. There will be three
separate price categories depending on the lot size.
Mrs. Soderberg asked if the commercial lots would face Ohio Street?
Mr. Maes stated yes. The proposed C-5 lot would have one 45 ft. wide access point on
Ohio.
Mr. Kennedy stated that this development would present some challenges for the
school district. It would be an area for busing to the middle school, so proper access
would be important. He suggested the creation of pedestrian access for children
walking to school.
Mr. Maes stated that he would be fine with that.
Mrs. Soderberg asked if they would be able to scale down the number of permitted
uses on the C-5 lot.
Mr. Maes stated that they would restrict the uses in the subdivision covenants.
Mrs. Soderberg asked how the covenants are reviewed?
Mr. Andrew stated that City staff reviews them to make sure there is a responsible
entity to govern and enforce the covenants and take care of any common area. The
City does not enforce covenants.
Mrs. Soderberg asked what happens in 15 years when the property is sold?
Mr. Andrew stated that covenants can last anywhere from 15 to 100 years.
Mr. Maes stated that they would pursue 20 year covenants which would be enforced by
the Homeowner's Association. A 2/3 vote of the Homeowner's Association could
change the covenants.
Mr. Andrew stated that the list of permitted C-5 uses could be shortened in the
ordinance establishing the zoning for this property.
Mr. Soderberg stated that she didn't believe four driveways off of Ohio Street would be
a good idea.
February 16, 2010
Page 3 of 6
Mr. Maes stated he doesn't want to open the subdivision up to commercial traffic and
that the businesses along Ohio Street would not draw high traffic volumes.
The Chairman closed the public hearing and the Commission postponed consideration
of these applications until the preliminary plat of Stone Lake Addition was ready for
consideration.
#4. Application #Z10-2, filed by Dennis Collier, requesting a change in zoning district
classification from R-1 (Single-Family Residential) to R-3 (Multi-Family Residential) to
allow construction of a new 5-plex apartment building on property legally described as
the South half (1/2) of Lot 6, Block 17 of the South Park Addition to the City of Salina,
Saline County, Kansas and addressed as 662 - 664 S. 9th Street.
Mr. Andrew presented the staff report with visual graphics which are contained in the
case file.
Mr. Kennedy stated he was concerned that the residents parking along 9th Street would
have to back out onto 9th Street.
Mr. Andrew stated that concrete wings could be poured to make it possible for vehicles
to turnaround to enter 9th Street head out.
Mrs. Soderberg stated that anything would look better that what is there now, but what
would the side facing 9th Street look like?
Mr. Andrew stated that the only building elevation staff received was the south facing
elevation. We can't tell you what it would look like from 9th Street.
Mr. Kennedy asked if it would be possible to slide the building back 15 ft.?
Mr. Andrew stated it would be possible but parking in the back would be tighter.
Daryll Dunn, 1273 Aspen Road, Chapman, Kansas, stated that the project would be an
upgrade to the area. He explained that they haven't invested in detailed plans yet, but
they would make sure the side facing 9th Street is attractive. He responded to concerns
from a neighboring property owner by stating the new building would bring in a better
type of tenant.
Mrs. Soderberg asked if they would have any problems with turning the application into
a PDD?
Mr. Dunn stated no.
Mike Bachofer, 2517 Simmons, who owns the plumbing shop south of this property,
stated that he was concerned with the increased traffic in the alley. He also expressed
concern regarding storm water runoff. He stated that run off in the alley cannot
SUMMARY MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Thuffiday, April 1,2010
MEMBERS
PRESENT: Birdsong, Hodges, Kennedy, Ritter, Ryan and Soderberg
MEMBERS
ABSENT: Householter, Meier and Mikesell
STAFF
PRESENT: Andrew, Herrs, Hobbie and Urban
Michael Ritter sat in as Chairman in Patrick Mikesell's absence.
#1. Application #Z10-1, filed by ComPro Realty on behalf of Sparrowhawk Land Co. and
Alsop Sand Co., requesting a change in zoning district classification from Saline
County AG (Agricultural) to R (Single-Family Residential), R-1 (Single-Family
Residential), R-2.5 (Multi-Family Residential), C-1 (Restricted Business), C-2
(Neighborhood Shopping), C-3 (Shopping Center) district and C-5 (Service
Commercial) for a proposed mixed use development on a 150 acre tract of land located
at the northeast corner of Schilling Road and Ohio Street in Saline County, Kansas.
Mr. Andrew presented the staff report with visual graphics which are contained in the
case file.
Mrs. Soderberg asked if all of the restrictions on uses for the proposed C-5 district are
the same that were approved across the street?
Mr. Andrew stated that the list of deleted uses submitted by the applicant is slightly less
than the list in Quail Meadow Estates across the street.
Jim Maes, ComPro Realty, 157 S. 7th, went to the map and explained that the corner of
Ohio and Shoreline is no longer C-1, the C-3 is changing to C-2 and the lots south of
Crystal Place will be C-5. We still plan to put covenants on the C-5 lot to eliminate
those uses.
Mrs. Soderberg asked where the beach area is located?
Mr. Maes showed that the beach will be on the northeast side of the lake.
Mrs. Soderberg asked if R or R-1 zoning would work for the clubhouse?
Mr. Andrew stated that yes this would be an accessory use under residential zoning.
Mrs. Soderberg asked what the multi-family along the lake would be like?
April 1, 2010
Page 2 of 5
Mr. Maes stated that they would be high-end, no maintenance condos.
Mr. Ryan asked if Mr. Maes was in agreement with each staff recommendation?
Mr. Maes stated he was fine with everything except the PC-5 zoning. They would
prefer straight C-5 zoning.
Mr. Andrew explained that private covenants are enforced privately unless the City of
Salina is made a party to the covenants. That can be done.
Mr. Maes stated that he has no problem making the City of Salina a party to the
covenants. Any homeowner can enforce those covenants as well. Mr. Maes stated that
he doesn't want to have to come back to the Planning Commission. He feels like that is
a waste of people's times and the Planning Commission doesn't know what they're
doing anyway. There are also problems with marketing when you have to tell someone
that they have to have their site plan approved by the Planning Commission before
they can build. This is a small lot. We're not talking about a big development.
Mr. Kennedy asked how the City can enforce covenants if they are a party to them?
Mr. Andrew explained that the City becomes a signatory to the covenants and the
covenants that the City is a party to cannot be changed or amended without the
approval of the City Commission.
Mr. Ritter stated that he feels that Mr. Maes will protect this development.
Stan Byquist, 2601 S. Ohio, stated that he is involved with the property to the west of
this development. He feels that Stone Lake should also be required to be PC-5 so it
would be equal for marketing purposes. He feels all the restrictions should be the same
on the commercial pieces in that area including the 25 ft. height restriction.
Mr. Maes stated Mr. Byquist's lot is much bigger and is more appropriate for it to be
PC-5. He stated that 25 ft. is too restrictive.
Mr. Andrew reported that the 25 ft. height limit in Mr. Byquist's PC-2 is a typo and the
height limit is actually 35 ft.
Mrs. Soderberg asked if this lot could be split?
Mr. Andrew stated it's unlikely. It's only 1.5 acres and Mr. Byquist's lot is 12 acres. It's
likely that Mr. Byquist's corner property will have multiple users.
MOTION: Mr. Ryan stated I move we approve Application #Z10-1 with the recommendations
made by staff except that the corner lot be zoned C-5 and be restricted by covenants
that the City of Salina would be a party to.
SECOND: Dr. Hodges.
April 1, 2010
Page 3 of 5
VOTE: Motion carried 5-1 (Soderberg dissenting).
#2. Application #P10-1, filed by Com Pro Realty on behalf of Sparrowhawk Land Co. and
Alsop Sand Co. requesting approval of a preliminary plat of the Stone Lake Addition, a
proposed 178 lot subdivision of a 150 acre tract of land located at the northeast corner
of Schilling Road and Ohio Street in Saline County, Kansas.
Mr. Andrew presented the staff report with visual graphics which are contained in the
case file.
Mr. Ryan asked how will a gravel road for emergency access fair in inclement weather?
Mr. Andrew stated that the fire code does not require paving. It just needs to be an all
weather surface that will hold the weight of a fire truck.
Mrs. Soderberg asked what the water level is like in that lake?
Mr. Andrew stated it is directly connected to the water table. It fluctuates based on that.
Jim Maes, ComPro Realty, 157 S. ih stated that they do not want restricted access off
of Ohio Street. They want some flexibility as they don't know what is going in on each
lot. He would really like to see three driveways that are a minimum 200 ft. apart. That
way they can move them as needed. They do not want an 80 ft. access drive. They just
want a driveway within that area.
Mr. Stack stated that the plan Dean is proposing minimizes the conflict points. We don't
want to plat with the subdivision having multiple driveways opening up onto an arterial
street.
Mr. Kennedy stated that he thinks the businesses should face Ohio Street but have
access solely from Crystal Lake Drive. Could that work?
Mr. Andrew stated that wouldn't be very desirable for the houses on Crystal Lake Drive.
Cross-access easements across the front would also be an option.
Mr. Kennedy asked if the lots are deep enough to have cross-access easements?
Mr. Andrew stated perhaps not, cross-access easements would either eat into parking
space or green space.
Mrs. Soderberg asked if they could make the driveway a floating driveway to be
determined when development occurs?
Mr. Andrew stated yes you could. You would need to show it on the final plat.
Mr. Kennedy stated that he doesn't like all of the access points on Ohio Street.
April 1,2010
Page 4 of 5
Mr. Maes stated that these driveways are a city block apart. There would be a total of
five access points in 1200 feet.
Mr. Andrew stated that it's the City's policy to limit curb cuts on arterial streets.
Mr. Ryan stated that there are too many cuts proposed on such an important street as
Ohio. It's the only street that goes completely through the city.
Mr. Birdsong stated that you only have four lots that you need to get access to. He
thinks that one driveway for those four lots could work with cross-access easements.
Mr. Andrew stated that #5 could be decided on the final plat.
Mrs. Soderberg stated that the consensus of the Commission is that they don't want
additional access points and it isn't necessary to drag it out.
Mr. Andrew stated that staffs recommendation is three total access points and the
Commission can suggest a number in their motion.
Sam Malinowsky, Manhattan, KS, the project engineer, stated that there will be 8 inch
water lines to get adequate fire flows. They are going to go ahead and install a 12 inch
line at the south end to make it easier to be extended on to the east if needed.
Mr. Byquist stated that for his development to the north he wants to eliminate driveway
points on Ohio. However, he would like an emergency access point connected to
Shoreline Drive.
Mr. Andrew stated the Stone Lake plat does provide an emergency access connection
between the two subdivisions.
MOTION: Mrs. Soderberg stated I move that we approve Application #P10-1 with the ten staff
recommendations and three (3) access points and direct staff to come back to us with
ideas for making condition #5 more flexible.
SECOND: Mr. Kennedy.
VOTE: Motion carried 6-0.
#3. Application #A10-1, filed by ComPro Realty on behalf of Sparrowhawk Land Co. and
Alsop Sand Co., requesting annexation of a 150 acre tract of land located at the
northeast corner of Schilling Road and Ohio Street in Saline County, Kansas.
MOTION: Mr. Ritter stated I move we approve Application #A10-1.
SECOND: Mrs. Soderberg.
April 1 , 2010
Page 5 of 5
VOTE:
Motion carried 6-0.
Meeting adjourned at 6:30 p.m.
Record of this meeting
As part of the record of this meeting, please reference staff reports and copies of the
DVD recorded by ACCESS TV. All copies can be found in the Development Services
Department, Room 201 in the City-County Building.
C0~C(~
Dean Andrew, Secretary
ATTEST: