7.2 Zone Meadowlark Acres 3 CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
11-2-81
TIME
4:00 p.m.
AGENDA SECTION:
NO. ?
Development
ITEM
NO. 2
ORIGINATING DEPARTMENT:
BY:
Planning
APPROV ED FOR
AGENDA:
BY: ~
Re:
Application #PDD81-4, filed by Warmack and Company, requesting to change the
district zoning classification on all of Meadowlark Acres Addition No. 3,
except Lots I and 2, Block 5, City of Salina, Saline County, Kansas, from
"PDD" to "PDD" (requesting different conditions of approval) (Approximately
2111-2399 S. 9th; 2251-2399 Century Plaza Drive; 101-599 E. Magnolia Road;
100-150 W. Magnolia Road)
At their October 20, 1981 meeting the Salina City Planning Commission held a
public hearing on Application #PDD81-4. The applicant was present and spoke on
behalf of the application. Many area residents were also present and spoke in
opposition to the application. After considerable discussion the Planning
Commission passed a motion (6-3) recommending approval of Application #PDD81-4
subject to the following conditions:
Screening shall be provided between the proposed mall and the residential
development. This screening shall be of sufficient density to totally
obscure vision a distance of six feet (6') above the finished floor elevation
of the mall structure.
The applicant shall be required to pay for the signalization and improvements
of the Ninth and Saturn, and Magnolia and Belmont intersections in accordance
with the Traffic Study, the widening of Magnolia Road to 4-lane arterial
standards between Ninth and Belmont and construction of a right turn lane
on Central Mall (southbound). These improvements are only those which are
in excess of project ST-3 in the Capital Improvements Program. Any necessary
alteration of the Ninth and Magnolia traffic signals, as determined by the
City Traffic Engineer, shall be made at the developer's expense.
e
Signage shall be governed by the restrictions applicable to the "C-3"
district. A maximum of six wall signs may be placed on the mall structure
for those businesses which do not have a public exterior entrance.
4. Permitted uses within the PDD shall, be governed by the following restrictions:
A. Enclosed Mall:
Governed by the uses permitted in the "C-3" zone.
All other regulations are to be as shown on the site
plan or as otherwsie noted in these conditions of
approval.
COMMISSION ACTION
MOTION BY
SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
11-2-81
TIME
4:00 p.m.
AGENDA SECTION:
NO.
Development
ITEM
NO.
Re: Application #PDD81-4
ORIGINATING DEPARTMENT:
.! Planning
BY:
APPROVED FOR
AGENDA:
BY:
o
e
e
Bo
Mul ti pl e-Fami ly:
Governed by the provisions of the "R-2.5" district.
(Lots 2, 3, and 4, Block 1, Preliminary Plat of the
Replat of Meadowlark Acres Add. #3)
C. Offices:
Governed by the provisions of the "C-1" district.
(Lot 5, Block 1; Lot 11, Block 7; and Lot 12, Block 8,
Preliminary Plat of the Replat of Meadowlark Acres
Add. #3)
D. Single-Family:
'Governed by the provisions of the "R" district.
(All of Blocks 2-6; Lots 1-10, Block 7, and Lots
1-11, Block 8; Preliminary Plat of the Replat of
Meadowlark Acres Add. #3)
All parking shall be as prescribed in Article X of the zoning regulations, except
for the mall structure which shall be provided at the rate of i space for each
200 sq. ft, of floor area.
Parking lot illumination shall be shaded downward to avoid casting light
on adjacent residential properties. Maximum height for free-standing
lighting is to be twenty feet (20') above the roof line of the mall
structure.
Maximum gross floor area of the mall structure shall not exceed 650,000
sq. ft.
Final development plans shall be adjusted to conform to the preliminary
plat, particularly with reference to streets and drainage.
"Grass pavers" shall be provided for emergency vehicle access along the south-
ern building face of Lot 5, Block I and at the proposed 4th Street entrance to
the mall (between Lots 2 and 3, Block 1, Preliminary Plat of the Replat of
Meadowlark Acres Add. #3).. This entrance will consist of a roll-curb and
signing to prevent public access/use.
COMMISSION ACTION
MOTION BY
SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
11-2-81
TIME
4:00 P.M.
AGENDA SECTION:
NO.
Development
OR I G I NAT1 NG DEPARTMENT:
Planning
BY:
APPROV ED FOR
AGENDA:
BY:
Re: Application #PDD81-4
This recommendation was based on the following Findings of Fact:
Ae
The proposed change is consistent with the intent and purpose of the
zoning ordinance (Section 36-101).
Be
All uses on the property to be reclassified are compatible with uses on
adjacent property. Within the request area, adequate safeguards (screening,
shading of illumination, etc.) have been taken to protect the residential
uses from the commercial development.
Co
Adequate sewer and water services are available to serve the area and
uses permitted. Adequate drainage facilities can and will be constructed.
De
No errors in the application of the zoning ordinance are known to have
occurred.
Ee
This amendment is not made necessary due to changed or changing conditions
in the area. Instead, it is the result of the applicant's desire to modify
some conditions of approval necessary for the development of this tract.
To approve this recommendation, in accordance with the Planning Commission's recom-
mendation, the attached ordinance should be pased on First Reading today. Second
Reading would then be scheduled for November 9, 1981.
The Saline County Treasurer certifies there are no delinquent taxes or special
assessments on this property.
Enclosure:
Ordinance #81- 8888
Vicinity Map
Si te P1 an
cc:
Ed Warmack
Frank Norton
Ted Collister
COMMISSION ACTION
MOTION BY
SECOND BY
TO:
0 0
#P.D.D. 81-4
Warmack & Co.
Meadowt ark Acres
less Lots I & 2,
Add. #3
B1 ock 5
REQUEST AREA
CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE
11-2-81
TIME
4: O0 P.M.
AGENDA SECTION: Development
NO.
ITEM
NO.
ORIGINATING DEPARTMENT:
BY:
APPROVED FOR
AGENDA:
BY:
Re: Application #PDD81-4
There are several possible major actions and several variations on
the ones I will explore.
(1)
The Commission could, of course, adopt fully the recommendation
as is. Absent a protest petition, this requires three (3)
affirmative votes from the City Commission. The first reading
would be on November 2, 1981 and second reading would be
scheduled for November 9, 1981. Of course, the Commission
could move to postpone consideration for a brief t.ime - two
to three weeks.
(2)
Kansas statutes permit a protest petition to be' filed on this
matter. That petition's due date is 5:00 p.m. on .November 3,
1981. A valid petition requires signatures of 20% of owners
of the land within the protest area. The protest area is
defined as land within 200' of any part of the request area.
We anticipate a valid protest petition will be received. If
such a petition is filed, an extraordinary majority of the
Commission is required on second reading of the ordinance for
passage. A 2/3 vote is required, which means four (4)
affirmative votes.
(3)
The Commission could postpone or table action for six (6) months,
that would be to the May 3, 1982 meeting. A motion to table
does not permit discussion and must be voted upon immediately
and requires a simple majority. Section 36-205(1) of the Salina
Code stipulates that if a rezoning application, which a PDD is
considered, is not acted upon finally by the City Commission
within 120 days after presentation to the City Commission by
the Planning Commission, the rezoning is considered denied.
The rezoning is not considered denied, however, if the petitioner
has agreed or requested an extension. Thus, if the Commission
took the action to postpone fQr six months, it would probably
be in the petitioner's interest to agree to such extension,
however, that is the petitioner's decision.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION
DATE
11-2-81
TIME
4:00 P.M.
AGENDA SECTION: Development
NO.
ITEM
NO.
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
BY:
Re:
(4)
Application 9PDD81-4
If the Commission does not approve the application as
recommended, it must be returned to the Planning Commission
with directions. The City Commission is not required to hold
a public hearing on this matter.
COMMISSION ACTION
MOTI ON BY
TO:
SECOND BY
ORDINANCE NUMBER 81-8888
(Published in The Salina Journal
, 1981)
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE
SAME BEING CHAPTER 36 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN
AND THERBY ADOPTED AND PROVIDING FOR THE REZ0NING OF CERTAIN PROPERTY WITHIN THE
CITY AND PRESCRIBING THE PROPER USES THEREOF; AND REPEALING ORDINANCE NUMBER 80-
8810.
K,Bnsas:
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Section l. AMENDMENT. DISTRICT "P.D.D.". PLANNED DEVELOPMENT DISTRIC1
That the Zoning District Map of the City of Salina, Kansas, hereto duly adopted
and published as a part of Ordinance Number 8526, the same being Chapter 36 of
the Salina Code, be and it is hereby amended so that the following described
property be rezoned as follows, to-wit:
All of Meadowlark Acres Addition Number 3 to the City of Salina,
Saline County, Kansas, except Lots I and 2, Block 5
shall become a part of District "PoD.D." PLANNED DEVELOPMENT DISTRICT.
Section 2. CONDITIONS OF APPROVAL. That the use of said described
property shall be subject to all conditions, restrictions and limitations as
made and provided for in Ordinance Number 8526, the same being Chapter 36 of the
Salina Code, with reference to the PLANNED DEVELOPMENT DISTRICT. Development of
the property shall be subject to the plans on file with the Planning Commission
and/or City Clerk and the following conditions, to-wit:
Screening shall be provided between the proposed mall and the
residential development. This screening shall be of sufficient
density to totally obscure vision a distance of six (6) feet
above the finished floor elevation of the mall structure.
The applicaot shall be required to pay for the signalization and
improvements of the Ninth and Saturn, and Magnolia and Belmont
intersections in accordance with the Traffic Study, the widening
of Magnolia Road to 4-lane arterial standards between Ninth and
Belmont and construction of a right turn lane on Central Mall
(southbound). These improvements are only those which are in
excess of project ST-3 in the Capital Improvements Program. Any
necessary alteration of the Ninth and Magnolia traffic signals,
as determined by the City Traffic Engineer, shall be made at the
developer's expense.
Sig~age shall be governed by the restrictions applicable to the
"C-3I' district. A maximum of six wall signs may be placed on the'
mall structure for those businesses which do not have a public
exterior entrance;
Permitted uses within the PDD shall be governed by the following
regulations:
Ao
Enclosed mall: Governed by the uses permitted in the "C-3"
zone. Ail other regulations are to be shown
on the site plan or as otherwise noted in
these conditions of approval.
Multiple-Family: Governed by the provisions of the
"R-2.5" district. (Lots 2, 3, and 4, Block
1, Preliminary Plat of the Replat of
Meadowlark Acres Addition Number 3)
C. Offices:
Governed by the provisions of the
district. (Lot 5, Block 1; Lot Il, Block 7;
and Lot 12, Block 8, Preliminary Plat of the
Replat of Meadowlark Acres Addition Number 3)
D. Single-Family:
Governed by the provisions of the "R"
district. (All of Blocks 2 - 6; Lots 1 - 10,
Block 7; and Lots 1 - ll, Block 8;
Preliminary Plat of the Replat of Meadowlark
Acres Addition Number 3)
All parking shall be as prescribed in Article X of the Zoning
Regulations except for the mall structure which shall be at the
rate of one (1) space per each two hundred (200) square feet of
floor area.
Parking lot illumination shall be shaded downward to avoid
casting light on adjacent residential properties. Maximum height
for free-standing lighting is to be twenty (20) feet above the
roofline of the mall structure.
7. Maximum gross floor area of the mall structure shall not exceed
six hundred fifty thousand (650,000) square feet.
Final development plans shall be adjusted to conform to the
preliminary plat, particularly with reference Lo streets and
drainage.
"Grass pavers" shall be provided for emergency vehicle access
along the southern building face of Lot 5, Block 1, and at the
proposed Fourth Street entrance to the mall (between Lots 2 and
3, Block l, Preliminary Plat of the Replat of Meadowlark Acres
Addition Number 3) This entrance will consist of a roll-curb and
signing to prevent public access/use.
Section 3. TIME SCHEDULE FOR COMPLETION. Development of this site
shall be substantially completed within ten (lO) years of the effective date of
this ordinance.
Section 4. That Ordinance Number 80-8810 be and the same is hereby
repealed.
Section 5- This ordinance shall be in full force and effect from and
after its adoption and publication once in the officiat city newspaper.
Introduced: November 2, 1981
Passed:
(SEAL)
ATTEST:
Merle A. Hodges, M.D., Mayor
D. L. Harrison, City Clerk