7.1 Zone Yost AdditionAGENDA SECTION
NO: 7
ITEM
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT
DEPARTMENT
Development Services, Planning
BY: Dean Andrew
DATE TIME
3/4/2013 4:00 P.M.
FISCAL APPROVAL:
BY:
FINAL APPROVAL
BY:
ITEM: Ordinance No. 13 -10681
Application #Z12 -25, filed by Ruth M. Yost Trust #1, requesting a change in zoning district
classification from PC -7 (Planned Highway Commercial) to 1 -2 (Light Industrial) in order to allow the
construction of a truck terminal on the east side of Yost Drive, south of Water Well Road. The subject
property is legally described as the South Four Hundred Thirty -five (435') feet of Lot One (1), Block
One (1), Yost Addition to the City of Salina, Saline County, Kansas and is addressed as 3775 Yost
Drive. [Staff would note that this is a quasi - judicial land use matter; therefore the rules, prohibiting ex
parte contacts by interested parties with individual Commissioners, are now in effect.]
BACKGROUND:
Lot 1, Block 1 of the Yost Addition is located between Yost Drive and 1 -135 and contains 19.90 acres.
The South 8.77 acres of Lot 1, Block 1 of the Yost Addition is currently under contract for purchase
with Old Dominion Freight Line, Inc. Old Dominion is proposing the construction of a cross dock truck
terminal on the subject property.
The contract is contingent upon the Seller (the Ruth M. Yost Trust #1) successfully rezoning the
property to the appropriate zoning classification for truck terminals in the city of Salina. The property
is currently zoned PC -7 (Planned Highway Commercial). Under the PC -7 zoning ordinance truck
terminals are not a permitted or conditional use.
The Ruth M. Yost Trust #1, applicant Sid Reitz — trustee, represented by Jeff Maes, ComPro Realty,
LLC, is requesting the rezoning of the South 8.77 acres of Lot 1, Block 1 of the Yost Addition to 1 -2
(Light Industrial) to allow construction of a new truck terminal facility on the east side of Yost Drive
just north of KDOT's maintenance facility.
At its February 5, 2013 meeting, the Planning Commission voted 7 -0 to recommend approval of the
requested zoning change from PC -7 to 1 -2 on the South 8.77 acres of Lot 1, Block 1 of the Yost
Addition, agreeing to rely on assurance from the applicant that private deed covenants would be filed
requiring the buyer (Old Dominion) to install paved parking and front yard landscaping when they
develop the site. Staff pointed out that these covenants are enforceable by the developer /seller but
not by the City.
The City Commission considered the Planning Commission's recommendation at their February 25,
2013 meeting. Following presentation of the staff report, comments from the applicant and comments
and questions from Commissioners, the City Commission approved a motion (5 -0) to concur with the
Planning Commission findings regarding the proposed land use but to approve a lesser zoning
change from PC -7 to PDD (1 -2) with a requirement that development of the site conform with the
approved site plan and that paved parking and front yard landscaping be required as part of the plan
approval. The Commission directed staff to prepare a modified ordinance rezoning the property to
PDD (1 -2) for their consideration at the March 4, 2013 meeting.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
3/4/2013 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
DEPARTMENT BY:
ITEM Development Services, Planning FINAL APPROVAL:
NO: 1
Page 2 BY: Dean Andrew BY:
RECOMMENDED ACTION:
Staff would recommend that the Commission consider adoption of the attached ordinance rezoning
the South 435 feet of Lot 1, Block 1 of the Yost Addition to PDD (1 -2) subject to whatever
modifications or additional conditions the Commission deems appropriate.
Encl: Application
Vicinity Map
Site Plan
Ordinance No. 13 -10681
cc: Sidney Reitz, Hampton & Royce LC
Jeff Maes, ComPro Realty
Application #Z12 -25
Filed by Roth M. Yost Trust #1
Water Weil IN
PC -7
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Summary published in The Salina Journal on March , 2013.
Post on the City of Salina website from , 2013.
ORDINANCE NUMBER 13 -10681
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 has been timely complied with, SO NOW,
THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings.
1. Lot 1, Block 1 of the Yost Addition has remained vacant as currently zoned for ten (10)
years and is a second tier and not a primary interchange location. As you move away from
the interchange, land becomes more suitable for industrial -type uses.
2. The subject site is adjacent to I -3 (Heavy Industrial) zoned property to the south (a KDOT
Maintenance Facility) and a truck terminal would be compatible with C -7, travel related
businesses, on the remaining 11.13 acres of Lot 1 if properly buffered.
3. Needed public utilities and a paved public street are in place to serve development on this
8.77 acre site.
4. The Yost Addition lies west of I -135 in a transition area between the South 9`h Street
Commercial Corridor and Airport Employment Area and is shown as being part of the
Airport Economic Hub and an amendment of the current Commercial land use designation
on the Future Land Use Map to show this site as future Employment Area could be
reasonably justified.
5. Lot 1, Block 1 of the Yost Addition has frontage on I -135 which is a gateway into the
community and approval of a truck terminal use through a Planned Development District
will insure that paved parking and front yard landscaping will be required consistent with
commercially zoned gateway locations.
Section 2. Amendment. DISTRICT "PDD I -211, LIGHT INDUSTRIAL PLANNED
DEVELOPMENT 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:
The South Four Hundred Thirty -five feet (435') of Lot One (1), Block One (1), Yost
Addition, to the City of Salina, Saline County, Kansas.
shall become a part of DISTRICT "PDD I -299, LIGHT INDUSTRIAL PLANNED
DEVELOPMENT DISTRICT.
Section 3. Conditions of Approval. That 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 PLANNED DEVELOPMENT
DISTRICT. Development of the property shall be subject to the plans on file with the Zoning
Administrator and /or City Clerk and the following conditions, to -wit:
Development of the South Four Hundred Thirty -five Feet (435') of Lot One (1), Block
One (1) shall be limited to those permitted uses listed in the C -7 district regulations with
the addition of truck terminals and warehousing as permitted uses and shall be subject to
all bulk and use limitations of the C -7 district, including parking lot and driving aisles
paving requirements and front yard landscaping requirements.
2. Signage on the South Four Hundred Thirty -five Feet (435') of Lot 1, Block 1 shall
comply with the C -7 sign regulations.
3. Development on the South Four Hundred Thirty -five Feet (435') of Lot 1, Block 1 shall
substantial conform with the approved site plan and associated submittals on file with
the Zoning Administrator.
Section 4. Repealer. That all prior ordinances in conflict herewith as they relate to the above
described real estate are hereby repealed.
Section 5. Summary of ordinance for publication. That this ordinance shall be in full force and
effect from and after its adoption and publication once in the official city newspaper.
Ordinance No. 13 -10681 Summary
On March 4, 2013, the City of Salina, Kansas passed Ordinance No. 13- 10681. The ordinance
changes the zoning district classification of property of on the east side of Yost Drive south of
Water Well Road from PC -7 (Planned Highway Commercial) to PDD I -2 (Light Industrial Planned
Development District) to allow construction of a truck terminal. A complete copy of the ordinance
is available at www.salina - ks.gov or in the office of the city clerk, 300 W. Ash Street, free of
charge. This summary is certified by the city attorney.
Introduced: March 4, 2013
Passed: March 4, 2013
Norman M. Jennings, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk