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7.1 Zone Wallerius AddCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 10/7/85 4:00 P.M. AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. ? COMMUNITY DEVELOPMENT AGENDA: NO. iITEM BY: Planning/~g~,/2~.Di V)l'~~/. BY:~~ RE: ^pplication #Z85-12, filed by Development Consul nts, Inc., requestin§ rezonin§ of Lot 4, 5, 6 and the north 13' of Lot 7, Block 2, Wallerius Addi- tion to the City of Salina, Kansas, from C-5 (Service Commercial District) to C-1 (Restricted Business District). (Approximately 2135 to 2151 Tulane) On September 3, 1985, the Sa]ina City Planning Commission conducted a public hearing on the above-referenced rezoning application, lhe applicant proposes to use this tract for construction of a 38-unit apartment facility for the elderly. At the public hearing, a motion was unanimously (7-0) approved to recommend that this application be approved, subject to required exterior lighting restrictions, based upon the following findings-of-fact: 1. The proposed change would be consistent with the intent and purpose of this chapter; 2. Every use permitted on the property if it is rezoned would be compatible with uses permitted on adjacent property zoned C-5; 3. Adequate utilities exist to serve this tract if it is rezoned; 4. The proposed amendment will not correct an error in the application of this chapter; and 5. The proposed amendment is made necessary by changed or changing conditions in the area affected. If you concur with this recommendation, the attached ordinance should be placed on First Reading today. The protest period expired on September 17, 1985, and Second Reading is scheduled for October 21, 1985. The Saline County Treasurer certifies that there are delinquent general taxes or special assessments on this property. Enc. Application #Z85-12 Vicinity Map Ordinance #85- 9102 cc: Development Consultants, Inc. COMMISSION ACTION MOTION BY SECOND BY TO: PUBLICATION DATE No Later Than August 13. 1985 HEARING DATE SPptPmh~r 3; lqRE VICINITY MAP ATTACHED Yes OWNERSHIP CERTIFICATE RECEIVED APPLICATION NO. ZR~;-1 ? DATE FILED A,~nu~t 7: 10RE FILING FEE RECEIPT NO. (INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (REZONING) 1. Applicant's Name: Development Consultants, Inc. 2. Applicant's Address 327 Shush 5~h ~r~. Salina. Kansa~ 3. Telephone (Business): 913-843-8171 or 913-823-6235 (Home): 4. Owner's Name: Development Consultants, Inc. 5. Owner's Address 327 South 5th 6, Legal description of property to be rezoned (attach additional sheets if necessary): Zip Code: 67AA] 913-841-5f~27 Tip Code: 67An'i Lot(s) Four (4), Five (5), Six (6) and the North 13 InBIockNo. Two (2) Feet of Lot Seven (7), all in In Wallerius Add~tlon tn th~ C.{~y mF .~l{n.~. Saline County: Ifanmam Subdivision Metes and bounds description if unplanted (a Surveyor's Certificate must be filed with this application and if approved will be required to be platted): 7. Approximate street addres~ 8. Area of property (sq, ft. and/or acres): 33,500 square feet 9. Present zoning: C-5 Use: Vacan~ 10. Requested zoning: C-1 Use: Elderly Housing - 38 Units 11. Are there any covenants of record which prohibit the proposed development? (Attach copy): 12, List reasons for this request. (Attach additional sheets if necessary): , See Attachment A None 13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities, refuse collection, surrounding properties, e~c: (Attach additional sheets if necessary) See Attachment A 14. Will there be sufficient off-street parking provided for the requested use? Explain: See Attachment A 15. List exhibits or plans submitted: PROPER."F~'. OWN~0(~ {'~ /f' APPLICANT'S .... ,~~ . -- ~ SIGNATUR~~ SlGNATUR~ t, ~4~x%_ ~ / 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 Otto 5 Venus AvE. Mercury Jupiter AV~ Request Area io Application #Z85-12 Filed by Development Consultants, Inc. Lots 4, 5, 6, and the N13' Lot 7, B2, Wallerius Add. (Approx. 2135-2151Tulane) (Published in The Salina Journal October , 1985) ORDINANCE NUMBER 85-9102 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF 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 WITHIN 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 ha been timely complied with, and SO NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas Section 1. AMENDMENT. DISTRICT C-1. RESTRICTED BUSINESS DISTRICT. That the Zoning District Map of the City of Salina, Kansas, dui adopted and published as a part of Ordinance Number 8526, the same bein Chapter 42 of the Salina Code, be and it is hereby amended so that the followin described property be rezoned as follows, to wit: Lot 4, 5, 6 and the north 13' of Lot 7, Block 2, Wallerius Addition to the City of Salina, Saline County, Kansas shall become a part of District C-1. RESTRICTED BUSINESS DISTRICT. Th 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 RESTRICTE[ BUSINESS 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: October 7, 1985 Passed: [SEAL] ATTEST: Merle A. Hodges, Mayor D. L. Harrison, City Clerk