7.1 Plat Bolen Add
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
6/16/03 4:00 P.M.
1
ORIGINATING DEPARTMENT:
DEAN ANDREW
PLANNING & COMMUNITY
DEVELOPMENT
BY: DA
APPROVED FOR
AGENDA:
AGENDA SECTION:
NO.
7
ITEM
NO.
BY: ~~
Item
Application #P03-3/3A, filed by Michael Bostater and Pat Bolen, requesting approval of a replat of
the Replat of Block One, less the West 75 feet of the Riverdale Addition to the City of Salina,
Kansas to be known as the Bolen Addition.
Backqround
A final plat of the Riverdale Addition was recorded on November 8, 1965. Block 1 was platted as one
3.2 acre commercial lot. The West 75' of the block was sold off in 1977 for construction of an
optometric clinic. A building site was also carved out in 1977 in the North 105' of the East 120' of the
block for construction of a pharmacy, now the site of Jim's Pharmacy. Construction of two additional
office buildings took place in 1986 and 1991 and it was at this point that staff became aware that this
block was being divided into individual building lots without replatting of the property. Staff informed the
owner that no additional building permits could be issued for this tract until it was replatted into
individual building lots with lot corners identified and pinned.
On November 24, 1992, Sunset Plaza, Inc. filed an application requesting approval of a replat of a 2.87
acre tract that was once part of a single platted block. This request was a replat of Block 1, Riverdale
Addition, less the West 75'. The West 75' of the block had already been split off and one split is all
state law and the City's Subdivision Regulations allow without replatting. This replat further divided the
remainder of the block into eleven (11) commercial building lots as depicted on the replat drawing
attached to the staff report.
The owner of the West 75 ft. of the block declined to participate in the replat. The Register of Deeds
and the Engineering Department expressed concern that leaving the West 75 ft. out would create an
orphan lot for recording and legal description purposes and could lead to confusion in the future. That
concern still exists today.
Nature of Current Request
This application has been filed by Pat Bolen and Michael Bostater requesting approval of a replat of
the 1993 replat of Block One, less the West 75 feet of the Riverdale Addition. This proposed replat
would be named the Bolen Addition.
The replat area currently consists of eleven (11) commercially zoned lots comprising 2.90 acres and
located between Westchester Drive and Elmhurst Avenue west of Ohio Street the same area covered
by the 1993 replat. Jim's Pharmacy occupies proposed Lot 6 at the southwest corner of Westchester
and Ohio. An office building occupies proposed Lot 7 along Ohio Street. Proposed Lots 8 and 9 on
Elmhurst Boulevard are occupied by a Chiropractic and veterinary clinic respectively. A State Farm
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
6/16/03 4:00 P.M.
ITEM
NO.
Page 2
ORIGINATING DEPARTMENT:
DEAN ANDREW
PLANNING & COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
AGENDA SECTION:
NO.
BY:
BY:
Insurance Office at 1000 Westchester Drive occupies proposed Lot 5. The remaining 5 lots are
currently vacant.
The plat drawing submitted by the current owners is both a corrected plat and a replat. This plat is
being filed to correct a surveying error that left out an approximately 7.5 ft. wide strip of land on the east
side of the block adjacent to Ohio Street. It will also serve as a replat because existing lots 4 and 5
(both owned by Mr. Bostater) are proposed to be merged into one lot, decreasing the number of platted
lots from 11 to 10. The applicants do not propose to change the existing zoning of this block, which
is currently C-1 (Restricted Business) and C-3 (Shopping Center District).
Street Access
All ten (10) of the proposed lots have frontage on and would obtain access from VVestchester Drive or
Elmhurst Blvd. The Jim's Pharmacy site also has two (2) driveway openings on Ohio. The restricted
access was dedicated along the Ohio Street frontage of Lot 7 on the 1993 replat and that needs to be
shown on this replat drawing as well.
Lot Desiqn
The East 425' of the block is zoned C-3 (Shopping Center) District. The C-3 district has no minimum
lot size, only a minimum area requirement of one (1) acre. The minimum lot sizH in C-1 is 7,500 sq.
ft. and the C-1 zoned lots would meet the minimum width, depth and area requirements for that district
Once the corrected plat / replat is recorded, it does not appear that there would be any foreseeable
difficulties in obtaining a building permit for any of the proposed lots that are still undeveloped.
Utilities
This block is adequately served by utilities. There are 6" water mains and 8" sanitary sewer lines along
Westchester Drive and Elmhurst Blvd. on either side of the block. Stormwater drainage is to the west
toward storm sewer inlets in Westchester and Elmhurst and then south into thE! old river channel.
Because this area was previously platted and zoned for commercial use, no stormwater detention is
required.
Easements
KP&L requested and received the dedication of a 20' utility easement down the middle of the block in
the 1993 replat. These easements are shown on the proposed replat.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE TIME
6/16/03 4:00 P.M.
ITEM
NO.
Page 3
ORIGINATING DEPARTMENT:
DEAN ANDREW
PLANNING & COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
AGENDA SECTION:
NO.
BY:
BY:
Relationship to Comprehensive Plan
1. Land Use Plan - The City's land use plan map shows this area as being appropriate for commercial
and office - type development.
2. Development Policies - The following development policies may be relevant to consideration of this
request.
Ohio Street Corridor
For the area north of the Smoky Hill River the Land Use Plan recommEmds that remaining
frontages along the west side of the street be developed commercially, while the rear portions
of deeper blocks fronting Ohio Street be developed with office uses.
PlanninG Commission Action
The Salina City Planning Commission met on May 20, 2003 and considered this proposed replat and
corrected plat of the Replat of Block 1 of the Riverdale Addition, less the West 75 ft. Following
presentation of the staff report and discussion and questions, the Planning Commission voted 7-0 to
approve this proposed replat and corrected plat subject to the condition that all needed technical
corrections be made to the plat drawing and plat certificates prior to City Commission consideration of
the replat. These corrections included the addition of restricted access markings along the Ohio Street
frontage of Lot 7 as was shown on the 1993 replat of this property. A separate corrections punchlist
was provided to the applicant's surveyor.
City Commission Action
If the City Commission concurs with the action of the Planning Commission, a motion should be
made to authorize the Mayor to sign the plat and accept the offered easement, right-of-way and
restricted access dedications on behalf of the City.
Encl: Application
Vicinity Map
Original Plat
1993 Replat
Proposed Replat
Excerpt of PC Minutes 5/20/03
cc:
Pat Bolen
Mike Bostater
Royce Nelson
Nick Schmidt Garber SurveyinG
Prelim. Plat Approval Date
11/5/6'1
Application No. !lPO3 ~
Receipt No. \ #c/ 1)'
Accepted by VRK
11c2d-1 (A~
CJi)
Date Filed
4/18/01
Site Plans
VRK
APPLICATION FOR FINAL SUBDIVISION APPROVAL
1.
Subdivision Name
Bolen Addition
2.
Subdivision Location (general) N.W. corner of Elmhurst Avenue and Ohio Street
3.
Land Area (sq. ft. and/or acres)
126.391.67 SF = 2.02 acres
4.
Number of Lots Proposed
10 each
5.
Present Zoning
C1/C3
Use Vacant/Office Buildinqs
6.
Pending Zoning (if applicable)
None
Proposed Use Development/Sale
7.
Please explain any provisions of conditional preliminary plat approval and your compliance with those provisions (attach
additional sheets if necessary):
8.
If any changes have occurred between the approved preliminary and this final plat, other than those required by the
Planning Commission, please explain the nature of these changes:
To allow the Owner to develop future office buildinq sites and/or resell same lots.
9.
Explain any waivers of the subdivision regulations granted with the preliminary plat or requested with this application:
The proposed subdivision is bounded bv City of Salina owned streets and curb and qutter installments.
10. Applicant Sunset Plaza. Inc. Pat Bolen, President
(Corporate name is now "Sunset Properties, Inc,)
Address 200. S. Santa Fe. Salina. KS 67401
Phone Number 785452-9254
Applicant Bostater Realty Partners. L.L.C. R. Michael Bostater. Managinq Partner.
Address 730 Fairdale Road. Salina. KS 67401
Phone Number 785-825-2188
11. Property Owner Sunset Plaza. Inc. Pat Bolen. President
(Corporate name is now "Sunset Properties, Inc.)
Address 2QQfS. Santa Fe. Salina. Ks 67401
Phone Number 785- 452,..9254
Property Owner Bostater Realty Partners. L.L.C.. R. Michael Bostater. Manaqinq Partner
Address 730 Fairdale Road. Salina. KS 67401
Phone Number 785-825-2188
12. Engineer or Surveyor Garber SurveYing Service. PA
Address 423 West 1st. Hutchinson. KS 67501
Phone Number 620-665-7032
13. Authorized Representative Pat Bolen
Address 200 S. Santa Fe. Salina. KS 67401
Phone Number 785- 452-9254
I hereby agree to comply with the Subdivision Regulations of the City of Salina, Kansas, and all other pertinent ordinances of the City
of Salina and statutes of the State of Kansas. In addition, it is agreed that all costs of recording the plat and supplemental documents
thereto with the Register of Deeds shall be assumed and paid by the owner or applicant.
Date
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Filed by Pat Bolen /
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FINAL PLA T
BOLEN ADDITION
A REPLAT OF A REPLAT OF BLOCK ONE LESS THE WEST 75.00 FEET, RIVERDALE ADDITION
TO THE CITY OF SALINA, KANSAS A SUBDIVISION IN THE SOUTHEAST QUARTER OF THE
SECTION 13, TOWNSHIP 14 SOUTH, RANGE 3 WEST OF THE 6TH
PRINCIPAL MERIDIAN, SALINE COUNTY, KANSAs.
R/W l~e
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------"------- 8 LC/L WESTCHESTER DRIVE :'-r~k:(~A~;')
--g---------------~------------- ~
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Pt.- con...te "'auAd R- Fd. '/2' R- ~ eon"ete I
S 89'14'55" E 615.25 (AI) ong;n..SubdMelonu""ument----- I
01.10 u 0',11 u 1 u ...... I
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LOT 2
LOT 3
LOT 4
BLOCK
5 80'.'z.- E '~,80 lu
125,00 lu
148.20 lu
125.00 (u)
2. 902~Acres
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IS LOT 10 I"
- £zs' BuI~~5= ~e- ~
LOT 9
LOT 7
..
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- - - - - - - - ---8... - - - - - - - - --
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-----
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IP¿Ii,.(u)
ABSTRACTORS CERTlflCAl£
R/W l~.
CERTIFICATE AS TO SPECIAL ASSESSIAENTS
STAl£ OF KANSAS)
)SS
COUNTY OF' SALINE)
I do hereby cerlily Ihat there are no delinquent or unpaid
currentOt 1Otleited special assessments or ony deferred
installments thereof thai have not been oppOttioned against the
tract of land included in this plot.
BOARD OF' CITY COMMISSIONERS
OF' THE CITY OF SALINA. KANSAS
STAl£ OF' KANSAS)
)SS
CERTlflCAl£ OF THE CITY CDIAMISSlQN
STAl£ OF KANSAS)
)SS
COUNTY OF' SALINE)
Approved Ihis. -------- day 01 --------. A.D. 2003.
COUNTy OF SALINE)
The undersigned. being a duly licensed and bonded
abstracter or authorized represenlotive thereof. hereby cerlifies that
the above is Ihe legal owner(s) of recOtd of the property shown on
this plot.
Doted this ----- day of ------- A.O. 19_____-
Given under my hand and seal 01 Sat;"o, Kansas, this -------
day of ---_-:.... A.D. 2003.
-------------
Mayor,
ATl£ST:
-----------
ëountÿë¡;;¡'-:----
c¡¡~-cï;'¡;:---------
NOTARY CERTIFICATE
STATE or KANSAS)
)SS
COUNTY or SALINE)
" ------- a Nolary Public In and fat said
county. in' the slale aforesaid. do hereby certify ,
that' personally known to m. 10 be the some
person whose nome is subscribed to the foregoing Instrument as
ouch owner, appeared before me this day In person and
acknowledged that he sIgned and delivered the plat as his own free
and volunlary oct for the uses and purposes therein set IOtth.
City ëïeric:----
SALINA CITY PLANNING CDIAMISSION CERTIFICA 1£
STAl£ OF' KANSAS)
)SS
COUNTY OF SALINE)
Approved this ---- day of ------ A.D, 2003,
BOARO OF COUNTY COMMISSIONERS
OF' SALINE COUNTY, KANSAS
-------
Chairman,
SALINA CITY PLANNING CDIAMISSION
~A NA KAN~A~
ATl£ST:
NE C.., S£ 1/4
See. 13. n.s. RJW
Fd. 5/B' R-
"m Count, Ref...... r...
81
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S£ Cor. S£ '/.
See. 13. nos. RJW
Fd. 1/2' R.b", (a.,' o.ep)
f,- Count, 0.,--- ~..
nning Commission
May 20, 200
Pa e
VOTE:
#3.
Motion carried 7-0.
Application #P03-3/3A filed by Michael Bostater and Pat Bolen requesting
approval of a replat of the Replat of Block One, less the west 75 feet of the
Riverdale Addition to the City of Salina, Kansas to be known as the Bolen
Addition.
Mr. Andrew gave the staff report which is contained in the case file.
Mr. Hass asked are there any questions of staff?
applicant's representative care to comment?
Hearing none does the
Nick Schmidt, I represent Garber Surveying. As Dean was saying this was
basically to correct a surveying error in the past. Our biggest problem was that
when we conducted this survey a couple of months ago there was approximately
7 1/2 ft. of air left over in the right-of-way off of Ohio Street. Basically our clients
wanted to get that fixed and that is why we have a replat going through today.
Also the sale of Lot 5 would be encroaching on Lot 4 so we have redrawn lot
lines. Our only concern with staff's recommendation is the inclusion of the west
75 ft. They didn't want any part of the replat in 1993 and they show no interest at
this time as well. We feel that it would be just a little bit too much hassle to
include them at this point this far along. Our clients have been waiting quite a
while to get this through and we don't feel that it would be feasible to include
them at this point. If you have any questions I would be happy to answer them.
Mr. Hass asked who owns that west 75 ft. or what would they do with it?
Mr. Schmidt stated there is an optometrist there.
Mr. Hass stated there is?
Mr. Schmidt stated since 1977 or around that time.
Mr. Hass asked they just don't want to be included in the replat?
Mr. Schmidt stated right, they have no interest and they haven't shared any costs
throughout this replat process as well. So both Bostater Realty and Sunset
Properties don't wish to include them on the signature list on this plat if at all
possible.
/ Mrs. Yarnevich asked did that present any complications for their property?
Mr. Schmidt stated no it shouldn't. The only complication it would present is if we
included it we would have to contact that owner, have their signature on this plat
as well as redraw up their deed and get that corrected as well. Right now as
Dean was saying basically from a lot numbering standpoint it is just a difficulty of
understanding.
Mrs. Yarnevich asked does it change any of their boundary lines?
Mr. Schmidt stated no.
Mr. Hass asked are there any other questions of staff? Hearing none are there
any members of the public that wish to address this application? Hearing none
we will bring it back to the Commission for discussion and possible action. Dean
do we have any problems with the west 75 ft. not being included?
Mr. Andrew stated no we are just speaking in the ideal world situation. What we
have is the owner of that optometrist office has the west 75 ft. of a block that
doesn't exist anymore. So when this becomes recorded as the Bolen Addition,
and that is the way that all of these lots are going to be indexed and referred to, it
is going to create some confusion in some real estate transactions about what
that piece is a part of since the rest of the block won't exist anymore. It is the
west 75' of Block 1 of the Riverdale Addition and with the renaming of this as the
Salina Planning Commission
May 20, 2003
Page 6
Bolen Addition there is no Block 1 of the Riverdale Addition left. But that is more
of a complication for real estate transactions and tracking the deeds doesn't really
create any development issues. In terms of this drawing and making the needed
corrections of the surveying error, this drawing accomplishes that.
MOTION:
Mr. Salmon asked Mr. Chairman while I would like to see that west 75 ft. included
just to clean it up I understand the applicant's concern and reluctance, so
therefore I recommend approval of Application #P03-3/3A filed by Michael
Bostater and Pat Bolen requesting approval of the replat of the replat of Block 1,
less that 75 ft. of the Riverdale Addition.
SECOND: Mr. Ramage seconded the motion.
VOTE:
Motion carried 7-0.
#4.
Other Matters.
Mr. Andrew stated looking ahead to the schedule we do have items potentially
for a June 3 and a June 17 Planning Commission hearing. we don't want to
get in a situation down the road where we may be struggling to reach
quorum. So of the seven that are here today, are the majority of you goi to
be available for the June 3 meeting?' Mr. Britton and Mr. Simpson we e not
sure of but if we have a majority of this group we will be ok. We n é:I five to
conduct business and it looks like 6 of you will be here. June 17 unds like it
might present more of a challenge. There are four down m this group
which leaves us three and perhaps we don't know about. Britton and Mr.
Simpson so we will check on that. If there is difficulty' a quorum on the
regular date how about June 24 a week later? Will a of those who are not
able to be here for the 17th be available for the 24 . Looks like only one of
you will be back from the 17th. The options wo be to move some of those
items that would be scheduled for the 17th to t July 1 meeting. Do we have
any here that would not be available for th meeting? Just a couple of you.
So that won't threaten a quorum. What e have upcoming that we currently
ve filed with us are the final plat for ver Run Addition which is there on S.
M mount as well as the final n for the townhome area within that
subdl . ion. We have a rezonin request on the corner of Oxford Drive and
Ohio jus outh of the Bennin n State Bank. We have a request to repeal
an existin planned dev pment district. This is the Glennifer Hill
Condominium which i housing development just west of the former
Glennifer Hills S 001 hen we have a text amendment to discuss dealing
with flea markets a other outdoor markets. For June 17, we will try.to~ook
at what we need d either reschedule of perhaps move those items to a
future agenda e had eduled to take a look or 6 month review of the rear
access to t 6th Street Pu but they have filed an application to amend their
Conditio Use Permit to tal< over the space that is currently occupied by
the D Store so we are going t ombine those and look at that as one and
not ave them separated. So we be looking at what the current situation
i and also a proposed expansion to e north for the 6th Street Pub. We
ave a Conditional Use Permit applicatio hat has been filed by the Hospice.
of Salina to have a location for a new hos . e facility. We have a final site
development plan for a relocated Marshall Mo dealership on S. 9th Street
from the current Crawford location. We have a ditional Use Permit for an
auto repair business. We were also going to reques our authorization today
to move forward with mapping the Hospital Medica oning at the Penn
Campus and we found amazingly that we do not have a finition of hospital
in our zoning ordinance and would like to add that. So with ur consent we
will move forward with those two items. Those are an idea 0 e things we
would have targeted for the 17th if we can't reach a quorum for re or the
24th. Then we will look to moving those items to the July 1 meeting we will
check with Mr. Simpson and Mr. Britton to see what their schedules are. ut it
looks to me now we wouldn't be able to muster a quorum for the 17th a 't
stands. But that is all the business that we have for today. We will keep yo
informed about the future schedule.