7.3 Public Use DistrictAGENDA SECTION
NO: 7
ITEM
NO: 3
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
3/19/2012 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Planning
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY: Dean Andrew I BY:
ITEM: Ordinance No. 12 -10631
Application #Z09 -12, filed by the Salina City Planning Commission, requesting amendment of Article
VI District Regulations by adding Division 10.2 — Public Use District.
BACKGROUND:
Salina has freestanding zoning districts for colleges and universities — the University District which
dates to 1977 and hospitals — the Hospital — Medical District which was adopted in 2003 and which
applies to the property and operations of the Salina Regional Health Center. Historically, schools and
churches in Salina have been located in or next to residential neighborhoods and school property has
been zoned residential. For example, the Central High and South High campuses are both zoned R -1
(Single - Family Residential). As was noted in the discussion about allowing electronic message center
signs at school sites, schools and school district operations involve some unique uses and activities
that don't fit neatly into residential zoning restrictions. For that reason staff believes some
consideration should be given to adopting a specialized zoning category for educational facilities
similar to other institutional uses.
The consensus of the Planning Commission was that such a specialized zoning district was needed
but that it ought to be broader in application to include other publicly owned and operated facilities
such as parks, libraries and fire stations. There was also a consensus that this zoning category
should be subdivided to distinguish neighborhood scale uses (elementary schools, parks, etc.) from
community scale uses (high school campuses, recreation facilities, etc.). Finally, the Commission felt
that the more intense public facilities such as lighted sports stadiums should be conditional and not
just permitted in a Public Use district.
The Future Land Use Map in the updated Comprehensive Plan has both Public /Semi - Public and
Parks /Open Space land uses designated on the land use plan but there is no corresponding zoning
district or zoning designation that matches up with these two land use designations.
Currently City facilities have a wide variety of zoning designations most of which have little relation to
the actual activities being carried on there. (A summary of those zoning designations is attached.)
The creation, adoption and mapping of a new Public Use zoning district would result in the zoning of
publicly owned property throughout the community more closely corresponding to the actual use of
the property.
The Comprehensive Plan also recommends that consideration be given to the creation of a Public
Use zoning district. A copy of the Future Land Use Map and an excerpt from the updated
Comprehensive Plan that describes the Public /Semi - Public land use classification in the Future Land
Use Plan are attached.
Staff Comments/ Analysis
Because of the variety of activities that the City of Salina and USD #305 engage in that don't fit
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
3/19/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
Development Services BY.
ITEM Planning FINAL APPROVAL:
NO: 3
Page 2 BY: Dean Andrew BY:
into "residential" zoning districts, there has been discussion about the need for some form of Public
Use Zoning for some time. Based on staff's review of public use / public facilities -type zoning districts
in place in other communities and the variety of uses and facilities found throughout the Salina
community, staff recommended the following approach:
1. The creation of a new Public Use zoning district.
2. Division of the Public Use district into three (3) sub - districts:
a. Public facilities district — Parks and recreation facilities, fire stations, neighborhood centers,
municipal buildings and operations, etc.
b. Educational facilities district — Schools, athletic fields, support operations, etc.
*This could or could not include private schools such as Sacred Heart's Campus.
c. Exposition district — Specifically for Kenwood Park (the Bicentennial Center and County 4H
Building and Fairgrounds)
On March 1, 2011, the Planning Commission went through a list of public facility types and provided
staff with feedback as to which should be classified as permitted and which should be conditional
uses. Because of RLUIPA and other unique characteristics, staff does not recommend that places of
worship be classified as "public" uses.
The Planning Commission agreed with this 3 part approach but indicated that they wanted to solicit
input from private schools as to whether they would like their property included in the Educational
facilities district or maintain their current residential zoning status prior to initiating any mapping of the
Public Use district.
On June 21, 2011, the Planning Commission endorsed a list of permitted and conditional uses for the
three (3) proposed sub - districts. At some point in the future there may be a need to revisit the list to
discuss whether some of the listed permitted uses should be conditional instead of permitted and
whether some of the uses should be limited to being located on arterial or collector streets.
Appropriate buffers, height limits, and limitations on signage have also been discussed by the
Planning Commission.
CONFORMANCE WITH THE STRATEGIC PLAN:
The Strategic Plan contains the following Goals and Action Items:
GOAL: "The City will create a community of mixed -use, quality development and
redevelopment."
o Determine the most effective zoning and other land -use tools to encourage and support
desired mixed -use development.
o Revise existing ordinances and policies to accommodate growth and development
objectives.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
3/19/2012 4:00 P.M.
AGENDA SECTION
NO: 7
ITEM
NO: 3
Page 3
Plannina Commission Recommendation:
ORIGINATING DEPARTMENT:
Development Services
Planning
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY: Dean Andrew I BY:
The Planning Commission completed its review of the draft Public Use district regulations at their
February 21, 2012 meeting. Following presentation of the staff report and comments and questions
from Commission members, the Planning Commission voted 7 -0 to recommend that the draft
regulations be sent to the City Commission for review and consideration and that staff follow up with
an amendment to Article X Signs to address sign limitations in the Public Use district.
COMMISSION ACTION:
Staff has identified the following alternatives for the City Commission's consideration:
1. The City Commission could concur with the recommendation of the Planning Commission and
approve the text amendment as drafted which would create a new Public Use zoning district.
2. Approve the proposed zoning text amendment with any additions and / or modification to the
text the Commission deems appropriate.
3. Refer this item back to the Planning Commission for additional study and / or public input.
4. The City Commission could vote to maintain the status quo and decide that no change should
be made to the Zoning Ordinance to add a Public Use zoning classification.
Enclosures: Application
Excerpts from the Comp Plan
Excerpt of 3/1/11, 6/21/11 and 2/21/12 PC Minutes
Ordinance No. 12 -10631
Next Steps:
1. The next step would be to finalize the content of a text amendment creating a new Public Use
district and the uses, development standards and development limitations in each of the sub -
districts.
2. Adopt a set of sign regulations for the Public Use zoning district.
3. Once the content of a Public Use zoning district is finalized and adopted by the City
Commission, the next step would be to determine which properties and facilities within the city
should be rezoned from their current zoning designation to Public Use. The district would then
need to be mapped with property owners being notified of the proposed change prior to any
zoning change taking place.
* A map of all City, County and USD #305 property within the city is attached and will also be
displayed at the City Commission meeting.
Zoning Classifications of City Owned Property
1.
East Crawford Recreation Area / Golf Course
A -1
2.
Sanitary Landfill
A -1
3.
Sewage Treatment Plant
A -1
4.
Water Plant
R -3
5.
General Services / Central Garage
1 -2
6.
Animal Shelter
1 -2
7.
Fire Station No. 1
1 -2
8.
Fire Station No. 2
R -2
9.
Fire Station No. 3
R -1
10.
Fire Station No. 4
R -1
11.
Law Enforcement Center
PDD (R -3)
12.
Bicentennial Center
C -3
13.
Kenwood Park / Fairgrounds
C -3
14.
Aquatic Center
PDD (R -1)
15.
Oakdale Park
R -1
16.
Gypsum Hill Cemetery
R -1
17.
Bill Burke Park
R -1
18.
City- County Building
C -4
Zoning Classifications of School District Property
1.
Central High School
R -1
2.
South High School
R -1
3.
Lakewood Middle School
R -3
4.
South Middle School
R -1
r
Planning &
Community
Develoument
Publication Date
December 29, 2009
Application No.
Z09 -12
Hearing Date
January 19, 2010
Date Filed
December 16, 2009
Filing Fee
N/A
Receipt No.
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CITY PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for:
amendment of Article VI District Regulations by adding Division 10.2 — Educational Facilities/ Public Use District.
Applicant's Name (print) Salina City Planning Commission
Applicant(s)
Date 12 -16 -09
Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the
additional sheets.
If the applicant is to be represented by legal counsel or 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
Mailing Address, City, State, Zip
Telephone (Business) and E -Mail
PLF — 053, Application Zoning Text Amendment, Rev. 6 -2008
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Description:
The Public / Semi - public land use category consists of those institutional land
uses including government centers and facilities, educational facilities, and other
public or semi - public uses and places like 'places of worship ", hospitals, private
schools, libraries and cemeteries. Public safety uses, including fire and police, are
also allowed in this district. New development in this category should be integrated
with residential neighborhoods or as part of neighborhood or community mixed -
use centers at a scale appropriate to the context in which they are developed.
• Government Uses
• Medical Facilitates
• Schools
• Libraries
• Places of Worship
• Public Safety Facilities (Fire and
Police)
• Limited application in all districts
• H -M, U (Pubic Use Zoning Distrw
glalina
ho K A N S A S
• Public facilities such as branch libraries,
post offices, and schools that serve
residential areas should be grouped
together with neighborhood centers, and
located near parks or linear park system
when possible.
• Public facilities including libraries, parks,
and fire, police and EMS stations should be
located according to populafion as well as
distance and response time standards as
established in adopted facility plans.
• Public and seni- public facilities should have
convenient access to arterials, public
transportation, and major utility trunk lines.
• Large scale facilities, including high schools,
hospitals, central Ibrary, and large worship
buildings should be located on arterial street
and situated as to discourage traffic in
Map Code:
Example:
- __J
The scale of development should respond to
surrounding neighborhood development or
provide transitional buffering to reduce
visual impact on surrounding properties.
Transifions between civic and institutional
uses and surrounding neighborhoods should
minimize the impacts of noise, light, traffic,
operations and scale of the use.
The design of civic and institutional uses
should strive to complement and enhance
the existing character of surrounding uses
and neighborhoods.
2 -16
SUMMARY MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Tuesday, March 1, 2011
4:00 p.m.
MEMBERS
PRESENT: Birdsong, Hodges, Householter, Kennedy, Meier, Mikesell, and Ryan
MEMBERS
ABSENT: Ritter and Soderberg
STAFF
PRESENT: Andrew, Burger, Herrs and Urban
#1. Approval of the Summary Minutes of the February 15, 2011 regular meeting.
The summary minutes of the February 15th meeting were approved as presented.
#2. Continued discussion of a proposed Public Use district (Continued from November
16, 2010 meeting).
Mr. Andrew presented the staff report with visual graphics which are contained in
the case file.
Mr. Andrew and the Commission went item by item through a list of public uses to
get the Commission's feedback as to whether they should be permitted or
conditional uses in the new zoning district. The Commission decided the following
uses should be conditional: Jails and other detention facilities, sanitary landfills,
wastewater treatment Plants, water plants, stadiums, and public arenas. The rest
of the uses listed they decided should be permitted as of right without a public
hearing if the property was already zoned for public use.
Mr. Householter asked if this new zoning would affect property taxes?
Mr. Andrew stated that since these uses for the most part are publicly owned they
are not currently subject to property taxes and the new zoning would not affect
that.
Mr. Householter asked if a property discontinues its public use, should it revert
back to the previous zoning?
Mr. Andrew stated as was done with the closed schools, there should be a hearing
on the reuse of the property, and if it was to be rezoned, the neighbors should be
contacted for their input based on the proposed reuse.
Mr. Andrew explained that the next step would be to draft the content of an
ordinance that includes information such as setback, lot coverage, etc. After a
March 1, 2011
Page 2 of 2
public hearing at a Planning Commission meeting, it would go on to City
Commission. If approved there, the Planning Commission would make
recommendations on where the public use zoning should be applied and affected
property owners would be notified.
#3. Other Matters.
Mr. Andrew presented two documents that updated the Commission on the
current status of the Flood Plain Remapping and Levee Certification projects.
These documents are located in the case file.
The meeting adjourned at 5:00 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.
Dean Andrew, Secretary
ATTEST:
June 21, 2011
Page 2 of 5
hydrant to be painted to avoid it being blocked. She has some families that utilize her
day care that are having more children, which is why she needs to upgrade her license
category to a group day care operation. Her employees are her daughters, aged 18-
24. They live close so they do not utilize any parking spots at the house.
Mrs. Soderberg asked what the hours of operation are?
Mrs. Porter stated 7:00 a.m. to 7:00 p.m. She is SRS approved and charges less than
most other people.
Mr. Brooks asked if she was at the 10 children limit at this time?
Mrs. Porter stated no. She needed the expansion due to the ratio of newborns to older
children.
Mr. Andrew explained that today's action would be approving this site, this location as
being suitable for a group day care home, regardless of who is operating it.
Mrs. Soderberg asked if the City would be able to paint the curb in front of the fire
hydrant?
Mr. Andrew stated that is not standard practice.
MOTION: Mr. Ritter stated I move we approve Application #CU11 -2 with the three (3)
conditions recommended by staff.
SECOND: Mr. Meier.
VOTE: Motion carried 9 -0.
#5. Application #Z09 -12, filed by the Salina Planning Commission, requesting amendment
of Article VI District Regulations by adding Division 10.3 EdUGatienal FaGilitie6 Public
Use District. (Continued from the June 7, 2011 meeting.)
Mr. Andrew presented the staff report with visual graphics which are contained in the
case file.
Mrs. Soderberg asked what was meant under use number 7 of the Exposition Uses —
storing of motor vehicles?
Mr. Andrew stated that would be for events where vehicles are parked for longer than
a day, such as the KDOT Snow Rodeo, a circus, or dog shows in which RVs or other
vehicles are parked there for extended periods. The distinction is that storage includes
vehicles that are parked for 24 hours or more without being moved.
Mr. Ryan asked if Oakdale Park would be rezoned for Exposition Use?
Mr. Andrew stated that would be a judgment call for the Planning Commission.
June 21, 2011
Page 3 of 5
Mr. Ryan asked under that zoning would they be allowed to get a liquor license for a
beer garden for the River Festival?
Mr. Andrew stated yes, that would be possible for special events.
The general consensus of the Commission was that 3 sets of permitted and
conditional uses looked good and directed staff to continue.
#6. Other Matters.
Eaglecrest Retirement Community — Curb Cut Request
Mr. Andrew presented the background report with visual graphics which are contained
in the case file. He stated that no formal request to amend the PDD has been
submitted. Staff is just trying to get a reading from the Commission as to how receptive
they are to a new driveway on Eaglecrest Avenue.
Mr. Ritter stated this might be a way to get the rest of your landscaping in.
Mr. Birdsong asked if the Eaglecrest Retirement Community has come up with a
reason why this new entrance is necessary? Commercial traffic on a residential street
is not ideal.
Mr. Andrew stated Kent Johnson in the Engineering Department has had some direct
conversation with the owners. Maybe he can answer that.
Kent Johnson, Civil Engineer for the City of Salina, stated that a temporary entrance
has to be built on Eaglecrest Avenue where there east driveway is and Eaglecrest,
LLC mentioned they would like to keep an entrance there. We will have to obtain a
temporary easement to do that. It will cost the same amount of money to build a
permanent entrance as it would to put in a temporary entrance and then take it out.
Mr. Mikesell stated that he would be concerned with injury to the surrounding
neighborhood.
Mrs. Soderberg stated she would be reluctant to overturn a previous Planning
Commission decision without a good reason.
Mr. Kennedy stated that conditions have changed and two entrances would make
more sense for life / safety concerns. Commercial traffic could be limited to Magnolia.
Mr. Andrew stated that during construction truck traffic will have to use the temporary
entrance anyway. Perhaps any hearing on this item should be postponed to after the
temporary entrance has been in use and neighbors can give their input as to how it's
been working and how it's affecting their neighborhood.
Mr. Johnson stated that it would be more helpful to the Engineering staff to know if the
Salina Planning Commission
February 21, 2012
Page 8 of 11
Mr. Herrs stated that the Planning Commission has the opportunity to approve or
disapprove the proposed site plan as submitted, approve with conditions, or
recommend the plan be revised and resubmitted.
Mr. Herrs stated that the plans are substantially complete with a few revisions that
could be reviewed administratively. Staff recommends the following:
• In regard to landscaping, the number of ornamental trees needs to meet the
intent of the landscaping ordinance and screening purposes for the parking
lot between 9th Street and the building.
• In regard to drainage, the project engineer will consult with City Engineering
staff to complete the drainage plan so that all water gets to the detention
pond with the exception of 6 Y2% going towards the 9th Street drainage
ditch.
Mr. Ryan asked for comments from applicant.
Ken Bieberly, 227 N. Santa Fe, introduced himself as representing Bieberly
Architects and Jason Cao, owner and developer of Daimaru Steakhouse. Mr.
Bieberly stated that he and Mr. Cao have listened to comments by staff and are
willing to meet the landscape requirements. Mr. Bieberly also stated that the civil
engineer working on the project is already working with City Engineering staff to
make the required adjustments to the drainage plan.
Mr. Ryan asked Mr. Bieberly if he understood the 7 recommended conditions
mentioned in the staff report contained in the case file.
Mr. Bieberly stated he had seen the recommendations and that he had no problem
with them.
Mr. Mikesell stated he does not have an issue with the parking, that if calculated on
the seats alone, the proposed parking exceeds the required spaces, and that the
grill top tables are not part of the actual floor plan per se.
MOTION: Mr. Welsh moved to approve Application No. Z98 -8E with staff `s
(seven) 7 recommended conditions.
SECOND: Mr. Kennedy
VOTE: Motion carried 8 -0.
#4. Continued discussion of Public Use zoning district.
Mr. Andrew presented the staff report which is contained in the case file.
Salina Planning Commission
February 21, 2012
Page 9 of 11
Mr. Andrew stated that the packet contained a complete draft of public use
district regulations, addressing all factors that would be included in a stand alone
zoning district, with a design or purpose section which is first section and three sub
categories: primarily public facilities; educational facilities, which could be public
and private and would be up to Catholic Diocese and Salina Christian Academy as
to whether or not they want to have their property zoned with that designation; and
an exposition facilities district set up to address primarily the Kenwood Park area.
Mr. Andrew stated that the draft suggests minimum lot area, width, depth, setback,
lot coverage, site coverage, regulations and under use limitations some language
dealing with buffering, recommending that there be a 25 foot width buffer between
any of these public type uses and any adjoining residential lot; and then
addressing exterior lighting.
Mr. Andrew stated that signage is not addressed in the proposed public use
regulations and asked Commission to initiate a text amendment to Article 10 Sign
Regulations, then staff would come back at a later date with recommended
language for sign regulations and limitations within the public use district.
Mr. Andrew stated that Phase I looks at content, to make sure all uses we want to
include are accommodated and that appropriate lot sizes, coverage,
heights, etc., are noted. The Commission will then review and identify the parcels
that would be mapped with the public use district designation.
Mr. Andrew referred to the map of public use property and stated that staff
recommends including utility substations as a public use, along with parks,
schools, the soccer complex. Mr. Andrew stated that the next step would be to
notify property owners which would be primarily USD No. 305, the City of Salina,
and to a lesser extent, Saline County. A public hearing would then be held to see
if those properties should be rezoned.
Mr. Andrew asked for input from Commissioners; did staff miss anything or miss
entirely what you had in mind?
Mr. Ryan asked about sign regulations.
Mr. Andrew stated that all City of Salina sign regulations are included in Article 10
as opposed to individual district regulations and that staff will develop language
and bring it back to Commission for review and approval.
Mr. Andrew asked for feedback from Commissioners regarding the draft public use
regulations.
Mr. Ryan stated that the draft looked good to him.
Mr. Kennedy stated that Commission and staff have been working on this issue for
Salina Planning Commission
February 21, 2012
Page 10 of 11
a couple of years and that he appreciates staff's work on it. Mr. Kennedy also
stated that from the school district's perspective, the draft is well done and while
things might need to be changed as time goes by, this is a good move for the
community and helpful to the school district.
Mr. Andrew stated that Commission can make a motion to recommend the draft go
to the City Commission for consideration to add to the Zoning Ordinance.
Mr. Mikesell stated he is comfortable sending the draft to the City Commission and
that staff has done a great job.
Mr. Perney asked about the possibility of including agriculture in public use
districts; such as a publicly owned orchard or public vegetable garden.
Mr. Andrew stated that community gardens could be added to the draft.
Mr. Mikesell stated that if a large expo center was developed the site could include
an area of farmland that could also be used to provide farming demonstrations for
the public.
Mr. Kennedy stated that a community agriculture component could be handled
through a planned development, and stated that Commission should consider that
some areas might not be ideal due to dust that might result from farming activities.
Mr. Mikesell stated that agriculture could be a conditional use.
Mr. Andrew agreed with Mr. Mikesell.
Mr. Perney and Mr. Kennedy agreed with Mr. Mikesell.
Mr. Kennedy asked if rezoning to public use district would be required before the
school district could do a sign, and asked how long that process would take.
Mr. Andrew stated that the first step would be for the City Commission to adopt the
new public use district, and for staff to draft signage regulations for the public use
district for review by the Planning Commission. Then there would be a public
hearing to allow property owners whose property would be redesignated the
opportunity to ask questions and make comments.
MOTION: Mr. Kennedy made a motion to send the public use district
regulations to the City Commission for approval and for staff to
initiate and prepare a text amendment to Article 10 regarding signage
for the public use district.
SECOND: Mr. Mikesell seconded the motion and added that the agriculture
component should be included in the list of approved uses.
Salina Planning Commission
February 21, 2012
Page 11 of 11
VOTE: Motion carried (8 -0).
#5. Other Matters.
Mr. Andrew presented Planning In the News items and an email from City Attorney
Greg Bengtson regarding Judge Young's order affirming the City's modification of
BFR Metals' Conditional Use Permit #CU09 -1 limiting access via Cherry Street
gate to emergency vehicles only.
Mr. Andrew stated that the Planning Commission's actions were affirmed as
reasonable by the district court's decision.
Mr. Ryan stated he was grateful to Mr. Bengtson for the work he did on behalf of
the Planning Commission, and appreciated that the court recognized that the
Commissioners are reasonable people.
Commissioners requested the opportunity to meet with Keith Ganzenmuller to
review the new property mapping system.
Mr. Andrew stated that a study session would be a good opportunity to offer a
mapping tutorial for the Commission.
Mr. Andrew presented graphics and photographs depicting the Zona Rosa
shopping center in Kansas City, Missouri; and referenced the previous meeting's
discussion regarding neighborhood and community centers as proposed overlay
districts.
Mr. Andrew stated that the next two Planning Commission meeting agendas would
include a proposed text amendment to Article 10 for signage in the public use
district, an application for a Conditional Use Permit for a home day care, and an
application by Sonic Drive -In on Santa Fe to add newly purchased lot into the
Sonic Addition plat.
Meeting Adjourned 5:29 p.m.
Dean Andrew, Secretary
ATTEST: