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7.2 Zone Liberty Add 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. AGENDA SECTION: NO. 7 ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT BY: :DA APPROVED FOR AGENDA: ITEM NO. 2 BY~¡:::' Item Application #Z03-12, filed by South Ohio land, L.L.C., requesting a change in zoning district classification from A-1 (Agricultural) to Planned C-5 (Service Commercial), Planned C-6 (Heavy Commercial) and 1-2 (Light Industrial) to allow development of a 19 lot business park on a 135 acre tract located at the southwest corner of Ohio Street and Schilling Road. Backaround Information The request area consists of a 135 acre tract of land at the southwest corner of Schilling Road and Ohio Street. The subject property is part of a larger 146 acre tract owned by South Ohio land, L.L.C. As the City Commission may recall, the City's Development Review Team (DRT) agreed to a two phase process relating to the development of this property. Because South Ohio land had a tenant ready to develop the northwest corner of their property and because of the time constraints involved with working out some complex drainage and utility issues for the entire 146 acres, the DRT agreed to consider plat and zoning applications for a single 8.66 acre lot (Liberty Addition) in the northwest corner of the property with the understanding that South Ohio land would plat and annex the remainder of the 146 acres in the near future (Liberty Addition No.2). The Liberty Addition received final annexation, zoning and plat approval by the City Commission on April 14,2003. A building permit for Kennedy & Coe's new office facility was issued July 1,2003 and work on public street and water line extensions to serve this lot is underway with an estimated May 2004 completion date. Nature of Current Request South Ohio land, L.L.C. has now filed this follow up application to rezone the remainder of their land holdings. The request area consists of 135 acres south and east of Liberty Addition on the south side of Schilling Road. This property was annexed into the city at the request of the owner on June 9, 2003 but remains unplatted and zoned agricultural. The applicant is requesting Planned C-5 and Planned C-6 zoning for the northern portion of the property and 1-2 on the southern portion. The request is for C-5 zoning on seven (7) lots, C-6 zoning on nine (9) lots and 1-2 zoning on three (3) large lots. The reason for requesting Planned C-5 and Planned C-6 zoning is that Planned Commercial districts allow conditional uses to be included as permitted uses if they are requested at the time of the public hearing. Planned Commercial districts also generally require site plan review and approval by the Planning Commission prior to issuance of building permits. In this case, the applicant is requesting to add multi- family apartments and warehouses as permitted uses. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. ITEM NO. Page 2 ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: AGENDA SECTION: NO. BY: BY: Suitability of the Site for Development This factor deals with the suitability of the property for development under the existing zoning and whether the current zoning has inhibited development of the property. The subject site is located on the south side of Schilling Road west of Ohio Street. It was annexed into the city in June but retained its agricultural zoning and use. Except for the Schilling Road Ditch and Schilling Road itself, the property to the north, east, south and west is outside the city limits and zoned AG except for the South Industrial Area and the property owned by the Salina Economic Development Corporation which is zoned Heavy Industrial. The 135 acres that is the subject of this application has 1576 ft. of frontage on Schilling Road but is physically separated from Schilling Road by a large drainage ditch along that frontage. It has visibility but limited accessibility. This tract also has 2485 ft. of frontage on Ohio Street. The tract bounded by Ohio Street on the east, Schilling Road on the north and the Union Pacific railroad tracks on the west is extremely flat and the surface drainage is relatively poor. The general drainage pattern is from south to north and it tends to be sheet drainage without a defined channel. Currently an area as far south as Mentor sheet drains to the north under Water Well Road and across this property to the Schilling Road Ditch. Although this is a large drainage basin, none of this property is mapped 100 year flood plain. Some fill material may be needed however to create building pads with positive drainage. The northern portion of this property is identified on Salina's Comprehensive Plan as primary growth area for light industrial/business park development due to its location on an arterial street. While this site is not unsuitable for light industrial/business park/warehousing type development, it is also suitable for other types of development such as offices, apartments, churches, etc. that would serve as buffer or transition uses between future residential development north of Schilling Road and heavier industrial uses in the South Industrial Area. The southern portion of this property is identified as a secondary growth area for industrial development. Secondary growth areas are those locations or areas that do not currently have access to city utilities and that are likely to develop in the future as the city grows out to them. As noted, except for the 8.66 acre Kennedy and Coe site, the remainder is zoned A-1 (Agricultural) which is among the most limiting and restrictive zoning classifications. Given the recent improvements to Schilling Road between the railroad tracks and Ohio and the planned Ohio Street / Schilling Road water line loop staff would agree that the highest and best use of this property is commercial/business park development in the north and industrial in the south and that the current A-1 zoning serves to inhibit development on this site compared to other property similarly situated. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 3 BY: BY: Staff would note that the current A-1 zoning is not the only factor limiting development of the full 146 acre tract. The 8.66 acre Kennedy & Coe site is the only portion of the larger tract that can be developed using the City's existing water and sewer system. The lack of utilities north and south of this corner piece creates limitations on full development of the 146 acre tract. Major infrastructure investment in water and sanitary sewer lines is needed to make the remainder of this Ohio - Schilling corridor developable. Character of the Neiahborhood This factor deals with whether the requested PC-5, PC-6 and 1-2 zoning would be! compatible with the zoning and uses of nearby property. The request area is located east of a growing commercial corridor at 9th and Schilling and north and east of an established industrial area. This is the second phase of development proposed on Schilling Road east of the railroad tracks and zoning and land use decisions on this 135 acre tract will influence future development in the surrounding area. The property east of Ohio is not viewed as prime development land and is unlikøly to develop in the near future. As noted, the city's Future land Use Plan calls for light industrial/business park development on the north one third to one half of the 135 acres west of Ohio that is the subject of this application and industrial development on the remainder. The idea behind this land use plan was to encourage development that would serve as a transition area and buffer zone between future residential development north of Schilling Road and industrial development to the south. The zoning pattern proposed by the applicant of C-5 zoning adjacent to Schilling Road and a physically separate industrial area on the southern edge of the property appears to be consistent with this concept and therefore staff believes the zoning changes being requested by the applicant would be compatible with the future zoning and uses of nearby property. Public Utilities and Services This factor deals with whether the proposed rezoning will create traffic congestion, overtax public utilities, cause drainage problems, overload public schools, jeopardize fire or police protection or otherwise detrimentally affect public services and whether the property owner or developer will provide the public improvements necessary to adequately serve the development. Adequate water, sanitary sewer, natural gas and electrical lines were in place or Gould be extended to serve the Kennedy & Coe site in the northwest corner of this property. Development of the remaining 135 acres is going to require a major investment in water, sewer and drainage improvements. The scope of these improvements will be addressed in detail in the plat review process. The applicant has agreed to pay its proportionate share of the cost of extending needed public utilities to the site as well as providing for all internal public improvements. The applicant's participation has been spelled out in an annexation agreement between South Ohio land, L.L.C. and the City of Salina. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 4 BY: BY: Although this rezoning request would push commercial and industrial development 1/2 mile south of Schilling Road, the change in zoning classification and the uses proposed by the applicant should not create an undue burden on public utilities and services because many of these, services are being provided to the South Industrial Area to the west. Fire protection to this area would be provided by Station #3 located on Belmont Blvd. Conformance with the Comprehensive Plan This factor deals with whether the proposed rezoning would be contrary to the goals, objectives and policies of the plan and whether the proposed rezoning would require an amendment to the plan and whether an amendment could be reasonably justified. The Comprehensive Plan shows this 135 acre tract as both a Primary and Secondary Service Area for extension of utilities and services and as future Light Industrial! Business Park and Industrial on the Future land Use Plan. Rezoning the north half to C-5 and C-6 and the south half to 1-2 would be consistent with that vision as it stands today. The following City of Salina Comprehensive Plan Policies should be used to further guide development decisions at this location: Commercial Development Policies C2 C3 C4 C8 High-quality new commercial development should occur at selected locations in the future. While many commercial areas could include a mix of uses, the land-Use Plan recommends that most new commercial areas be characterized by a dominant function, such as retail, office or service. New commercial areas should be sized and located to serve specific needs within the community. The amount of land reserved for commercial purposes should be based on projected market demand and consumer needs. In general, all new commercial and office development should occur in planned commercial areas. Further, "strip" commercial development should be discouraged. Whl3rever possible, new commercial uses should be clustered in small groupings with shared parking and common access drives, and should have a related design and appearance. Commercial and office development should occur only in locations servod by transportation facilities capable of handling the traffic to be generated by new development. Commercial uses should not be allowed where street capacities will be exceeded by tlile additional traffic generated, or where significant problems in access or compatibility with adjacent uses are anticipated. All new commercial and office areas should be characterized by the highest possible standards of design and construction. The design and appearance of buildings" site development, landscaping, signs and graphics, and street furniture shold all be of special concern. New commercial construction should promote a distinct image and identity for individual areas. C12 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 5 BY: BY: Rezoning requests for new commercial developments must be carefully evaluated. If sufficient need cannot be determined or if commercial development policies cannot be met, then the rezoning request should not be approved. Business and Industrial Development Policies 1-3 1-5 1-11 1-13 New business and industrial development should be located in planned industrial/business parks to help ensure coordination of circulation systems, lot configuration, building design, parking and access facilities, and environmental amenities. New business park development should only be permitted in areas that can be adequately served by public facilities in accordance with the Urban Service Standards contained within the Plan. Adequately screened off-street parking and loading facilities should be provided within all business and industrial sites, and the consolidation of parking areas and driveways serving two or more uses should be encouraged. Site improvements within business and industrial areas such as lighting, signage and landscaping should be well-designed and coordinate in order to help create a positive identify and visual image throughout the development area. 1-16 Particular attention should be given to screening and visual separation behNeen business and industrial uses and other nearby land uses. The periphery of industrial arealS should be heavily landscaped and attractively designed. Where new industrial parks border commercial areas, residential neighborhoods or major roadways, earth berms should be considered as a buffer. Plannina Commission Recommendation The Planning Commission conducted a public hearing on this rezoning request on September 2, 2003. At the conclusion of the public hearing the Planning Commission made two recommendations. (1 ) The Planning Commission recommended that the south half of the 146 acre tract owned by South Ohio, L.L.C. located at the southwest corner of Schilling Road and Ohio Street be changed from a Secondary Service Area to a Primary Service Area on the Salina Service Areas Map (Figure 18 on Page 172 of the Plan) based on a finding that the followin!~ criteria have been met: a. The proposed change is consistent with the goals, objectives and policies of the overall plan. (2) 1. 2. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: ITEM NO. Page 6 BY: BY: b. The proposed amendment does not affect the adequacy of existing or planned facilities and services of the city. c. The proposed change does not materially alter planned capital improvements but is consistent with proposed water system improvements in the area. The Planning Commission recommended approval of the applicant's rezoning request subject to satisfactory platting of the property and subject to the following conditions: Development of Lots 1-3, Block 1, Lots 1 & 2, Block 2 and Lots 1 & 2, BloGk 3 shall be limited to those permitted uses listed in the C-5 district regulations, with the addition of multi-family apartments as a permitted use, and shall be subject to all bulk, use and siignage limitations in the C-5 district. Development of Lots 1-5, Block 4 and Lots 1-4, Block 5 shall be limited to those permitted uses listed in the C-6 district regulations, with the addition of warehouses as a permitted use, and shall be subject to all bulk, use and signage limitations in the C-6 district. A final site development plan for the above listed commercial lots shall 'be approved by the Planning Commission prior to issuance of any building permits on these lots. Development on these lots including landscaping, shall conform to the approved site development plan and landscaping plan. The Planning Commission offered the following reasons in support of their recommendation: 3. 1. Because of the street improvements made to Schilling Road and the nearby industrial development to the south and west, this 135 acre site is more suitable for commercial and industrial development than agricultural use; 2. The subject site is adjacent to existing industrial zoning on the west and southwest and a change to 1-2 zoning would be compatible with the existing industrial development. Approval of C-5 and C-6 zoning on the south side of Schilling Road and would serve as a buffer zone between future residential development to the north and future industrial development to the south; A plan is in place for extending public utilities and drainage improvements to serve this 135 acre site; 3. 4. The requested zoning change would not be inconsistent or in conflict with the city's Comprehensive Plan. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/22/03 4:00 P.M. ITEM NO. Page 7 ORIGINATING DEPARTMENT: DEAN ANDREW PLANNING & COMMUNITY DEVELOPMENT APPROVED FOR AGENDA: AGENDA SECTION: NO. BY: BY: City Commission Action If the City Commission concurs with the recommendation of the Planning Commission the attached ordinance should be approved on first reading. The protest period for this application expired on September 16, 2003 and no protest petition has been received. Second reading would be held in abeyance until a final plat of Liberty Addition No.2 is approved. If the City Commission disagrees with the recommendation of the Planning Commission, it may; 1) overturn the Planning Commission and deny this request provided there are four (4) votes in support of such action; or 2) return the application to the Planning Commission for reconsideration citing the basis of its disagreement with the recommendation. Encl: Application Vicinity Map Preliminary plat Liberty Addition No.2 Excerpt of PC Minutes 9/2/03 Ord. #03 -10168 cc: James Hall, South Ohio Land, L.L.C. Publication Date August 7. 2003 Hearing Date September 2, 2003 IIZ03-12 July 25, 2003 Application No. Date Filed Vicinity Map Attached Kc; ~ Filing Fee Ownership Certificate Received KG Receipt No. APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP 1. Applicant's Name: South Ohio Land LLC. 2. Applicant's Address: P.O. Box 1961. Salina. Kansas. 67402-1961 3. Telephone (business) 785-822-5662 4. 5. Owner's Name: South Ohio Land LLC. Owner's Address: P.O. Box 1961. Salina. Kansas. 67402-1961 6. Legal Description of Property to be rezoned (attach additional sheets if necessary) ...... See Attached........... 7. Approximate Street Address 3056 South Ohio 8. Area of Property (sq. ft. and/or acres): 135.56 Acres more or less ~ 10. Present Zoning: Aaricultural Use: Aaricultural Requested Zoning: See Attached Plat Use: Business & Industrial 11. Are there any covenants of record which prohibit the proposed development? (attach copy): NO 12. List reasons for this request (attach additional sheets if necessary). To obtain full municipal utilities and services and to allow for development of commercial and industrial usaae. 13. Supply factual data showing the effect the request will have on present and future traffic flow, schools" utilities, refuse collection, surrounding properties, etc. (Attach additional sheets if necessary) : Adjacent land is undeveloped and will have Schillina road access via Cortland Street and the other streets. as they are constructed. as shown on the preliminarv plat. 14. Explain how off-street parking will be provided for this requested use: This has been discussed in concept with the Development Review Team and will be further addressed durina the Site Plan Review and in the devE!lopment of each individual lot. 15. List exhibits or plans submitted: Plat Drawina. Applicant(s) Signature: k;E ~D~::;;~OU~ Date: 7 - 25"-'0) - Owner(s) Signature: 4?';:D~~h Ohio Land LLC Date: ) -2.~-'DS If the applicant is to be represented by legal counselor 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: James M. Hall IV. ODerations Manaaer - South Ohio Land L.L.C. Address: P.O. Box 1961. Salina. Kansas 67402-1961 Telephone (Business): 785-822-5662 p/planning/web site documents/rezone application - map Application #Z03-12 Filed by South Ohio Land, L.L.C. C-J A-1 1-1 C-3 C-1 C-5 1 Inch = 800 Feet 1 ,..., Preliminary Plat Liberty Addition No.2 On September 2, 2003 the Salina City Commission voted 9-0 to approve the proposed preliminary plat of Liberty Addition No.2, subject to the following conditions: 1. Preliminary design plans for the street, water, sanitary sewer and drainage improvements needed to serve this subdivision shall be reviewed and approved by the City Engineer prior to Planning Commission consideration of a final plat. Needed rights-of-way and easements shall be shown on the final plat. 2. A phasing plan for proposed public improvements shall be reviewed and approved by the City Engineer prior to Planning Commission consideration of a final plat. 3. All corner ties, subdivision and block corners shall be identified on thE~ final plat. This is a request for Planned C-5, Planned C-6 and 1-2 zoning. The breakdown of the requested zoning is as follows: PC-5 Lots 1-3, Block 1 Lots 1 & 2, Block 2 Lots 1 & 2, Block 3 PC-6 Lots 1-5, Block 4 Lots 1-4, Block 5 1-2 Lot 5, Block 5 Lots 1 & 2, Block 6 The Preliminary Plat of Liberty Addition No.2 to the City of Salina, Kansas, a parcel of land in the Northeast Quarter, Section 1, Township 15 South, Range 3 West of the 6th Principal Meridian in Saline County, Kansas it 1~ ~I it 1~ ~I MATCH ï:iÑË PUT Nons, 1).",'-..,""""N""""'_OoN-"""""""""""'" SI.ms..,w. ,,-...................,-.....---. ])--"".,..,...,.'."""""8.--_""'_""'" 300-,..-~....._-» ,-......-.....- ","'_(I)"'~ _.._-_......-.....miJo;~-"""""--'" -..... - "All-""""",,"."""""""'AII-"-»"-"""" . 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MATCH -¡;¡¡r ~ t ~I ~' ~I ~I C ..... ,'-'OP . ! 0 ;¡ 0 3 U¡~.I rlU~ t-~~~ 0 _c-,'-- .,.."..,w .....................CU-"V """"-" -..,........ , So...,.... ,-,,""".AM_'~ s"_a"""..,.'.o.....,, .--. "'- 67'" """","" ,....~ E"""""""-. mw",'~'- Sol........"", "'~....,..) dmark NG & MAPPING INc. ",~M'!I~-c:r """,",,'.0."'" ._--"... ,- "".m' , ...... 'S' en.... ....",......u.c(/_lIotl) = aMÐ. <bu.,.. "'_..... or... ".......... ,,_.... w..... .r.. w.. -""""'.........".....""" _n-""" aM.. ,""""" "'-.....-."',-...-... W..... ",".o..c.. ..........-"""..........."......""" ,"-.--","', "",.."., Dn~a, c=;;: "",OJ -¡¡-, ¡¡¡;:-", corporation and we have, I don't know if it is adequate enou ut we have identified the door with a welcome sign that the parents will e in and they are having an orientation day over the next two days to lea e system. So they know that they come directly in and come to the front r and enter. Salina Planning Commission September 2, 2003 Page 6 Mr. Andrew stated I think we would leave it t our and the operator's discretion, but we just believe that some sort of te orary sign age in addition to what is ere today would be helpful for thos ming at least at the beginning. Mr. Hass asked does the Commission have any stions of Mr. Rea? Hearing none are there any other members of the public th ish to comment on this application? Hearing none I will bring it back to the Co ission for discussion and possible action. VOTE: Motion carried 9-0. MOTION: Mr. Britton moved to approve Conditional Use Permit negotiation with City staff on the two exception items. SECOND: Mr. Salmon seconded the motion. #4. Application #Z03-12, filed by South Ohio Land, L.L.C., requesting a change in zoning district classification from A-1 (Agricultural) to Planned C-5 (Service Commercial), Planned C-6 (Heavy Commercial) and 1-2 (Light Industrial) to allow development of a 19-1ot business park on a 135-acre tract located at the southwest corner of Ohio Street and Schilling Road. Mr. Andrew gave the staff report which is contained in the case file. Mr. Salmon asked Dean do I understand that along Schilling and then along Ohio that will be multi-housing on both sides? Both facing Schilling and going on? Mr. Andrew stated I will refer you to your packets on the preliminary plat. On the upper tier of lots, you can see that the existing one in the northwest corner is zoned C-1 for office development for Kennedy and Coe, they are showing C-5 zoning inside on Cortland Circle and they are showing C-5 zoned lots at the corner of Schilling and Ohio. So those would be the locations which, if their request is approved today as is, that any of those C-5 zoned lots could have multi-family apartments subject to site plan approval. If you don't think that some of those lots are suitable for multi-family development then the recommended conditions could be modified to list only specific lots where multi-family housing could be added or you could decline to add it altogether and leave it as a conditional use. But as it is proposed, the applicant is asking that any of the lots that are zoned C-5 allow apartments as a permitted use. Mr. Salmon asked what happens to traffic flow on Ohio Street? It is pretty busy right now, sometimes you can't get out on. it. What effect will this have? And I understand there is going to be a development just south of the Baptist Church? I don't know what the status of that is. Mr. O'Leary stated well Commissioner we certainly look at Ohio Street and Schilling Road as major arterial streets and as you know a project has recently been announced to enhance Ohio Street between Schilling and Magnolia to a four lane road in the year 2008. We are in the early stages of beginning that Salina Planning Commission September 2, 2003 Page 7 design process and construction will take place in 2008. The current 2 lane section of Ohio Street has a much larger capacity than what is there today and as you say, the only limiting factor then is what would be the peak hour traffic movements, getting in and out of side streets, driveways and so on during the peak period of time which out here is probably going to vary between the morning and the evening as well as maybe the shift change period of mid afternoon. But we are not experiencing traffic accidents or problems to date. As Dean mentioned we are equipped, we think, to handle any development that occurs in this area as well as the area north of here assuming that we are able to get restricted access and adequate road connections to either Schilling or Ohio. Then as development occurs, those will be offset by those improvements to Ohio Street in the off years. Mr. Andrew stated none of these sites would have driveway access onto Ohio Street. They would all be directed internally and hopefully directed to Schilling Road first except for the very corner lot there at Ohio and Schilling where these lots would have their access right here and the rest of thesE¡ lots would come out onto Schilling Road and not directly onto Ohio. Mr. Hass asked are there any further questions of staff? I have a question. On the south border of this property there is no street access from Ohio? Mr. Andrew stated this layout that you have on the screen is not consistent with the revised plan that you have in front of you. If you look at page two of the preliminary plat, there is looped street that is coming off Ohio in about this alignment and coming south. It is not built yet but there is a platted street that comes north from Water Well Road and that is just to the east of the Crestwood Plant and the plan is to eventually continue that up and to create a loop. So you have to refer to the second page of the Liberty Addition No.2 that you have in your packet to see that loop configuration. Mr. Hass asked and to the west of this property. Is that zoned 1-2 as well or what is the zoning of that? . Mr. Andrew stated this is all heavy industrial within Saline County and this portion as well is heavy industrial in Saline County. Mr. Hass asked are there any further questions of staff? Hearing none would the applicant care to address the Commission? James Hall, South Ohio Land, 1525 E. North Street. We am here today as Dean . said as a continuation of a project that we have been working on with the City of Salina's DRT team and this is just the continuation of that. We have had a very good working relationship with all of them and I am here today to answer any additional questions that you all might have for us. Mr. Hass asked does the Commission have any questions for Mr. Hall? Do you have any thoughts on the reason for the conditional uses? Are there any plans or is that just kind of a safety mechanism? Mr. Hall stated this is primarily a business park. When we are all said and done we will have a group of four or five people, ourselves, that we will be reviewing any applications that come to us to purchase the property or to build on it before it gets to you. We want to make this a very nice development and that is why we are putting that stop in there ourselves. Mr. Hass asked are there any other questions of Mr. Hall? Hearing none are there any members of the public that wish to address this application? Hearing none I will bring it back to the Commission for discussion ane! possible action. Mr. Andrew stated our recommendation involves two actions. The first one dealing with the Comprehensive Plan and then a second motion or action dealing with the zoning. Salina Planning Commission September 2, 2003 Page 8 MOTION: Mr. Ramage moved that the south half of the 146-acre tract owned by the South Ohio Land Company located at the southwest corner of Schilling Road and Ohio Street be changed from a Secondary Service Area to a Primary Service Area on the Salina Services Area Map, with the three conditions found at the bottom of page 11 and the top of page 12 of the staff report. VOTE: SECOND: Mr. Simpson seconded the motion. Motion carried 9-0. MOTION: Mr. Ramage moved to approve Application #Z03-12 as requested. VOTE: SECOND: Mr. Hedges seconded the motion. Motion carried 9-0. #5. Application #P03-7, filed by South Ohio Land L.L.C., requesting approval of a preliminary plat of Liberty Addition No.2, a proposed 19-1olt subdivision of a 135- acre tract located at the southwest corner of Ohio Street and Schilling Road. Mr. Andrew gave the staff report which is contained in the case file. Mr. O'Leary also summarized the water, sewer and drainage syste project. Mr. Hass asked Shawn you show this ditch continuing on s to Water Well where essentially it will start as part of this. Then you ould have to have easements from the property owners there as well? Mr. O'Leary stated that is correct although this is a se Mr. Chairman where we anticipate that. We have to anticipate that be se that is where the water is going. You kind of see the outline of what is e meandering channel today. It sort of meanders back and forth and it do find its way back into this general 'cinity right here. Essentially these ar mes on paper. As that next property c es to you hopefully in the near f re with another plat and another planned indu .al development, we will inc orate into that the same kinds of rights-of- way an asements and the sa kind of designs. But in this interim phase you are going have a fairly a . ultural condition as it is discharging today into a developed dr . age syste rough this property. Mr. Andrew state all can address this also, but we have a situation today ~ where South Ohio the owner here, has granted Crest\lVood Manufacturing a temporary drai e eas ent or right to run their runoff ac:ross their property to get to the di . So certai this drainage right-of-way will serve as a substitute for that porary drainage asement that they have today. But all the develo ent runoff from the Cr ood plant comes up he!re already today and eve. we have to build that in stag it is going to be an improvement for getting t ateI' to the Schilling Road Ditch. Mr. Britton asked Shawn, after we get it to the S lling Road Ditch and the area is fully developed, what about the capacity of the Sc . ing Road Ditch? Mr. O'Leary stated good question Commissioner. Th ""chilling system was designed to accommodate fully developed conditions on thi roperty as well as down through that entire basin. In addition to that we did cr e a capital cost recovery system where the developers, as we develop from no to south, will have the option of direct discharge into that system, whereas the Ci ill provide their own detention for them. There is a detention basin located ri in this vicinity downstream from there. They can buy detention from the City ned system or they can do their own on-site detention. This developer in this e has chosen to buy that storage from us, thereby allowing them to dire discharge that water into the Schilling Ditch and the capacity is there to handle it. (Published in the Salina Journal on October, 2003) ORDINANCE NUMBER 03-10168 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE SALINA COMPREHENSIVE PLAN AND 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. COMPREHENSIVE PLAN AMENDMENT. That the Comprehensive Plan shall be amended as follows: 1. That the Salina Service Area Map (Figure 18, P. 172) of the Comprehensive Plan of the City of Salina be amended as follows: The south half of the One hundred forty-six (146) acre tract located at the southwest corner of Schilling Road and Ohio Street changed from Secondary Service Area to a Primary Service j\rea for the extension of City utilities and services. Based upon the following findings: a. There is demonstrated need for new developable land within the plarming area based upon the general lack of reasonably suited land within Primary/Service Areas; and b. There are no technical studies or reports relating to transportation, utilities, fiscal impact, or the environment which indicate any negative impacts; and c. The proposed boundary change demonstrates substantial public benefit in terms of increased employment potential or net positive fiscal impacts, or support and diversification of the local economy. 2. That the Land Use Map (Figure 11, P. 107) continue to show the area identified in subsection 1 above as future industrial. Section 2. AMENDMENT. DISTRICT "PC-5" PlJANNED SERVICE COMMERCIAL 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: Lots 1-3, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3 of Liberty Addition No.2 to the City of Salina, Saline County, Kansas shall become a part of DISTRICT "PC-5" PLANNED SERVICE COMMI~RCIAL DISTRICT. Section 3. CONDITIONS OF APPROVAL. The development and 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 "C-5", SERVICE COMMERCIAL DISTRICT regulations and the following conditions: 1. Development of Lots 1-3, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3 shall be limited to those permitted uses listed in the C-5 district regulations and shall be subject to all bulk and use limitations of the C-5 district with the addition of multi-family dwellings as an approved conditional use. 2. Signage of Lots 1-3, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3 shall comply with the C-5 sign regulations. 3. A final site development plan shall be approved by the Plarming Commission prior to any development occurring on Lots 1-3, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3. 4. Development of Lots 1-3, Block 1, Lots 1 and 2, Block 2 and Lots 1 and 2, Block 3, including landscaping and signage, shall substantially conform to the approved site development plan and landscaping plan for the lot. Section 4. AMENDMENT. DISTRICT "PC-6", F'LANNED HEAVY COMMERCIAL 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: Lots 1-5, Block 4 and Lots 1-4, Block 5 of Liberty Addition No.2 to the City of Salina, Saline County, Kansas. shall become a part of DISTRICT "PC-6" PLANNED HEAVY COMMERCIAL. Section 5. CONDITIONS OF APPROVAL. The development and 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 "C- 6", HEAVY COMMERCIAL DISTRICT regulations and the following conditions: 1. Development of Lots 1-5, Block 4 and Lots 1-4, Block 5 shall be limited to those permitted used listed in the C-6 district regulations and shall be subject to all bulk and use limitations of the C-6 district with the addition of warehousing as an approved conditional use. 2. Signage of Lots 1-5, Block 4 and Lots 1-4, Block 5 shall comply with the C-6 sign regulations. 3. A final site development plan shall be approved by the Plarming Commission prior to any development occurring on Lots 1-4, Block 4 and Lots 1-4, Block 5. 4. Development of Lots 1-5, Block 4 and Lots 1-4, Block 5 including landscaping and signage, shall substantially conform to the approved site development plan and landscaping plan for the lot. Section 6. AMENDMENT. DISTRICT "1-2", LIGHT INDUSTRIAL 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: Lot 5, Block 5 and Lots 1 and 2, Block 6 of Liberty Addition No.2 to the City of Salina, Saline County, Kansas. shall become a part of DISTRICT "1-2", LIGHT INDUSTRIAL DISTRICT. Section 7. That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: Passed: September 22, 2003 Alan E. Jilka, Mayor [SEAL] ATTEST: Lieu Ann Nicola, City Clerk