7.4 Zone Seitz Addition
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
DEAN AN DREW
PLANNING AND COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
Item
4
BY:
BY:
Application #Z04-12, filed by Todd Welsh, Inc., requesting a change in zoning district classification
from R-2 (Multi-Family Residential) and R-3 (Multi-Family Residential) District to PC-1 (Planned
Restricted Business) District on property legally described as Lot 26 and 27 in Surveyor's Plat A and
Lots 1, 3, and the North 41.5' of Lot 5 on 10th Street and Lots 2, 4 and the North 41.5' of Lot 6 on 9th
Street in the Seitz Addition to the City of Salina, Saline County, Kansas and addressed as 300 South
9th Street.
Background
Bartlett School was built in 1925 with additions to the building constructed in 1964 and 1988. The
building is an English Gothic Revival structure and was designed by prominent local architect
Charles Shaver. The school was named to honor pioneer Salina teacher Jennie V. Bartlett, one of
the City's first elementary teachers at Central School. This building served the residential area
surrounding the central business district until being closed by the school district.
The City of Salina designated the school as part of a Conservation District in 1997 however, the
property is not listed on the State or National Register of Historic Places. The Conservation District
designation means the school is one of 215 individual, non-contiguous properties that were identified
as having historical and/or architectural significance to the city. The ordinance encourages the
retention and reuse of these properties; any proposal to demolish or remove any of the designated
structures must be reviewed by the Salina Heritage Commission.
After the school district abandoned the building in January of 2002, they began the process of
soliciting offers and proposals from potential buyers and developers for purchase and reuse of their
surplus properties. The school district formed a task force to review proposals from potential buyers.
The applicant in this case Todd Welsh, was selected as the preferred purchaser / redeveloper of the
Bartlett School property.
Nature of A(2plication
The subject properties are located on the west side of the T-intersection of South 9th Street and
Mulber~ Street. The 9th Street side of the school property is zoned R-3 (Multi-Family Residential).
The 10t Street side of the school property is zoned R-2 (Multi-Family Residential). The residential
property south of the school is zoned R-3. If this request to rezone the properties to PC-1 is
successful, the applicant plans to purchase both properties and develop the existing school building
for office space and the vacant R-2 zoned land to the south along 10th Street for townhomes. The
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 7 DEAN AN DREW AGENDA:
PLANNING AND COMMUNITY
ITEM DEVELOPMENT
NO. 4 BY: BY:
Page 2
residence south of the school building on South 9th Street would be demolished and an access drive
constructed in its place.
Because a suitable adaptive reuse of this building is in the best interest of the community, the
Planning Department has been working closely with this applicant to determine an appropriate use
and zoning designation for this building and has determined that a Planned Commercial Zoning
District would be the most appropriate designation for this predominantly residential neighborhood. A
Planned Commercial district would enable the City Commission to create a zoning district that is
tailor made to fit the site and the neighborhood and give the public and the Commission a high
degree of control over the final development plan for the project.
However, the applicant is not ready to present his final development plans at this point. He needs
approval of the PC-1 zoning district classification before he finalizes the purchase of the school. If
the City Commission approves the applicant's request, it means that the PC-1 zoning designation
will be in place for these properties and the applicant will be able to proceed with the development
process on these properties. However, no physical changes can be made to this property until the
applicant appears again before the Planning Commission with detailed development plans and
receives approval of those plans.
Suitability of the Site for Development Under Existing Zoning
This factor deals with the suitability of the property for development under the existing R-3 and R-2
zoning and also whether the current zoning has inhibited development of the property.
The subject property is located on South 9th Street between Walnut Street and South Street.
Mulberry Street dead ends into the property from the east. The property has 212 feet of frontage
along South 9th and 222 feet of frontage along South 10th. It is surrounded by single- and multi-family
residences and is within a few blocks of three churches and a proposed senior housing
development, President's Place (formerly Roosevelt / Lincoln Middle School).
The subject property was the location of Bartlett Elementary School, which was one of several
elementary schools abandoned by USD #305. The property has been vacant since January of 2002.
Both the school district and City have been working together to find suitable buyers for all of the
surplus school district properties. As part of this process, the school district and City staff have
carefully scrutinized each proposal for its feasibility and its compatibility with the neighborhood in
which the specific school is located. It was determined fairly early that uses similar in nature to the
original use would be the most successful. Specifically, uses that involved a teaching / classroom
setting or that involved administrative and professional offices were determined to be the most
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION
NO:
7
ORIGINATING DEPARTMENT:
DEAN AN DREW
PLANNING AND COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
ITEM
NO.
Page 3
4
BY:
BY:
desirable. In this case, the applicant is proposing to develop the building into an office complex,
which would be similar in intensity to the elementary school and be compatible with the surrounding
neighborhood and existing uses. The current R-2 and R-3 zoning inhibits the school's reuse as an
office building.
Character of the Neighborhood
This factor deals with whether the requested PC-1 zoning would be compatible with the zoning and
uses of nearby property.
The C-1 zoning district is generally considered an appropriate "buffer" district and is often located
adjacent to residential districts. The western side of South 9th Street is characterized predominantly
by single-and multi-family detached dwellings, however, the Bennington State Bank at the southwest
corner of 9th and Walnut is also zoned PC-1. The eastern side of South 9th Street is also mostly
residential in nature but shows more diversity. This side of the street includes three (3) churches with
off-street parking areas and another school redevelopment project, President's Place, a senior
housing facility which is just a block east of the subject property on Mulberry Street. Because the
applicant is requesting a Planned C-1 District, the uses permitted in this particular district will be
restricted to an office use only and the development plan will be carefully reviewed by staff and the
Planning Commission to ensure compatibility with the existing neighborhood.
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, and gas and electrical lines are in place to allow for commercial
redevelopment on this site. Although this request would change this use from institutional to
commercial, the change in zoning classification and use proposed by the applicant should not result
in any additional burden on public facilities and services. In fact, the occupant load will not be as
great as when the property was being used as an elementary school, so the impact on infrastructure
from the total number of individuals should be lessened.
However, new traffic will be generated by the proposed use and the applicant is showing an off-
street parking lot as part of this development proposal. At this stage in the development process, the
applicant is showing a proposed parking area on the west side of the lot adjacent to South 10th
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 7 DEAN AN DREW AGENDA:
PLANNING AND COMMUNITY
ITEM DEVELOPMENT
NO. 4 BY: BY:
Page 4
Street. An ingress drive will permit traffic to enter the lot from South 9th Street and an egress drive
will permit traffic to exit the property on to South 10th. A more specific site plan will be available for
review when the applicant is at the final site development plan stage and will include number of
parking spaces and the number and locations of driveways.
Fire protection would be provided by Station #1 which is located on Elm Street and is already
providing fire protection to other properties in the vicinity.
Conformance with 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 City Comprehensive Plan identifies the following goal in terms of historical properties: "Define,
maintain and enhance Salina's historical values and resources as a means of preserving the
community's history and character for future generations to enjoy." A policy to prioritize the
preservation of historic properties has also been identified to support this goal. Rezoning this
property to PC-1 allows the preservation and adaptive reuse of this structure which would be
consistent with this particular goal.
The Land Use Map shows this area as being appropriate for public and quasi-public development.
Rezoning to PC-1 to allow an office use would not be inconsistent with this designation since an
office building is similar in intensity to an elementary school. However, a motion to amend the Land
Use Map to show this area as suitable for office development should be considered and approved
prior to any change in the zoning designation to PC-1.
In addition to the plan map, the following Commercial Development Policies should be used to guide
development decisions:
C2
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.
C4
Commercial and office development should occur only in locations served 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 the additional traffic
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
DEAN AN DREW
PLANNING AND COMMUNITY
DEVELOPMENT
APPROVED FOR
AGENDA:
7
ITEM
NO.
Page 5
4
BY:
BY:
generated, or where significant problems in access or compatibility with adjacent uses are
anticipated.
C5
Since most office and commercial areas are located along major thoroughfares, access to
commercial properties should be carefully designed to minimize conflicts with through traffic
movement.
C8
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 should all be of special
concern. New commercial construction should promote a distinct image and identity for
individual areas.
Planning Commission Recommendation
The Planning Commission conducted a public hearing on this rezoning request on July 6, 2004.
One neighboring property owner appeared and spoke at the hearing. At the conclusion of the public
hearing, the Planning Commission first voted 5-0 to recommend approval of an amendment to the
city's future land use plan to show this area s commercial office instead of public and quasi-public
and then to recommend approval of the applicant's request to rezone the Bartlett School grounds
from R-2 and R-3 to PC-1 subject to the following conditions:
1.
Uses on this 1.25 acre site shall be limited to administrative and professional offices and shall
be subject to the bulk and use limitations of the C-1 district.
2.
Signage shall comply with the C-1 district maximum size limitation of 32 square feet. Due to
the large size of the site, the applicant may be allowed one (1) monument sign and two (2)
wall signs per street frontage.
3.
A final site development plan for the subject property shall be submitted to and approved by
the Planning Commission prior to issuance of any building permits.
The Planning Commission offered the following reasons in support of their recommendation to
approve the requested change in zoning for this tract:
1.
The site has been evaluated for different uses by different individuals and this applicant's
proposal is the most viable for this particular property;
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/19/04
TIME
4:00P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 7 DEAN AN DREW AGENDA:
PLANNING AND COMMUNITY
ITEM DEVELOPMENT
NO. 4 BY: BY:
Page 6
2.
The subject site is adjacent to other public and quasi-public properties on the east and a
change to PC-1 zoning would be compatible with the surrounding development pattern;
Existing public utilities are adequate to serve the site; and
3.
4.
The requested change is consistent with the City's Comprehensive Plan goal of preserving
historic properties.
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 expires on
July 20, 2004 and no protest petition has been received to date. Second reading would be
scheduled for July 26, 2004.
If the City Commission disagrees with the recommendation of the Planning Commission, it may 1)
overturn the Planning Commission and deny this request provided three 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
Site Survey
Vicinity Map
Preliminary development plan
Floor Plan
Excerpt of PC Minutes 7/6/04
Ord. 04 - 10220
cc:
Todd Welsh
Paul Stewart, USD #305
.',
PUBLICA TION DATE No Later Than
June 10,2004
APPLICATION NO.
#204-12
VI<
DATE FI LED
FILING FEE
RECEIPT NO.
June 4,2004
-$ 2;0.00
HEARING DATE
July 6,2004
VICINITY MAP ATTACHED VI<
OWNERSHIP CERTIFICATE RECEIVED
(INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM)
1 .
2.
Applicant's Name:
Applicant's Address
APPLICATION FOR AMENDMENT TO THE
DISTRICT ZONING MAP (REZONING)
Todd Welsh
221 S. Morris, Salina, KS
Zip Code:
67401
3. Telephone (Business): (785) 820-5900
4. Owner's Name: usn 11305
(Home):
(785) 823-0686
5.
6.
Owner's Address
1511 Gypsum, Salina, KS
Zip Code:
67401
Legal description of property to be rezoned (attach additional sheets if necessary):
Lot(s)
In Block No.
In
Subdivision
Metes and bounds description if unplatted (a Surveyor's Certificate must be filed with this application and if approved
will be required to be platted):
See attached survey
7.
8.
Approximate street address:
300 S. 9th Street
Area of property (sq. ft. and/or acres):
54,481 sq. ft. /1.25 acres
9.
10.
Present zoning:
Requested zoning:
Use:
Vacant elementary schoQI
Use: Business and professional offices
PC-l
11.
12.
Are there any covenants of record which prohibit the proposed development? (Attach copy): No
List reasons for this request. (Attach additional sheets if necessary): .To convert Bartlett Elementary
school classrooms to office space.
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) No physical changes or
additions are proposed to the school building. Traffic and activity should be less
~an when it was a schoQI.
14. Will there be sufficient off-street parking provided for the requested use? Yes
Explain: Will construct a parking lot at the rear of the building along 10th Street.
15.
List exhibits or plans submitted:
Survey of existf..ng conditions, concept plan
PROPERTY OWNER(S)
SIGNA TURE:
APPLICANT'S
SIGNA TURE:
Mike Soetaert
Todd Welsh
DATE:
DATE:
If the applicant is to be represented by legal counselor an authorized agent, please complete the following so that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
NAME OF REPRESENTATIVE:
ADDRESS:
TELEPHONE (Business):
ZIP CODE:
AREA CODE:
White - Planning
Canary - Inspection
Pink - Applicant
(Rev. 8/84) 101
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Appl ¡cation #Z04-12
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Application #ZO4-12
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EXCERPT OF MINUTES - APPLICATION #ZO4-12
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
JULY 6, 2004 4:00 PM.
MEMBERS PRESENT:
Britton, Hass, Hedges, Krug and Simpson
MEMBERS ABSENT:
Funk, Ramage and Yarnevich
DEPARTMENT STAFF:
Andrew, Burger, Cooper, Fisher, Johnson, Koepsel and O'Leary
#5.
Application #Z04-12, filed by Todd Welsh, Inc., requesting a change in zoning
district classification from R-2 (Multi-Family Residential) and R-3 (Multi-Family
Residential) District to PC-1 (Planned Restricted Business) District on property
legally described as Lot 26 and 27 in Surveyor's Plat A and Lots 1, 3, and the
North 41.5' of Lot 5 on 10th Street and Lots 2, 4 and the North 41.5' of Lot 6 on
9th Street in the Seitz Addition to the City of Salina, Saline County, Kansas and
addressed as 300 South 9th Street.
Mr. Andrew gave the staff report which is contained in the case file.
Mr. Britton asked are there any questions of staff? Hearing none would the
applicant or their representative like to come forward and comment?
Pam Welsh, 221 S. Morris Drive. I represent Todd Welsh and I don't have
anything to add but I would be happy to answer any questions?
Mr. Britton asked are there any questions of the applicant? Hearing none are
there any members of the public that would like to speak to this application?
Debra LaFort, I live out on Fairchilds Road, outside of town, but I own property
on 10th Street. I received one of the letters, I am on the opposite side of the
street and I wondered how this was going to impact the neighborhood. A lot of
times you see where non-residential uses come in and personal home owners
start fleeing the neighborhood and I just wondered if you thought this was going
to happen in this area, what would happen to our property taxes? I know for a
fact that there are a lot of diverse people living in that area, diverse economics
as well. There are several houses there where you have drug problems, I
wondered if there was going to be any more security with this, are there going to
be any parking problems? If there is going to be a parking lot made out of the
school yard and as I understand it the access to that parking lot is going to be on
the 9th Street side. Will there also be access on the 10th Street side? I also
own a house on South Street that is between 9th and 10th Street which is on the
Historic Conservation and that whole section through there is kind of a busy,
small, congested area. I just wondered if you had any ideas what was going to
happen with that situation. I am definitely not opposed to it, I definitely don't
Salina Planning Commission
July 6, 2004
Page 2
want to see the school sit there derelict but I would like to see something positive
happen to the neighborhood.
Mr. Britton stated I don't know at this point that we can answer all of your
questions because one of things we are looking at is what is going to be allowed
there right now and maybe if you are at the next meeting, one of the
considerations being looked at today is that the developer, be it Mr. Welsh at this
point has to come back and we are looking at maybe approving what is called
Planned Commercial determination which means he would have to come back
again when the final plans are made for this. This allows him to at least go
forward. But before he can do anything else he is going to have to come back to
the City again back to this Commission for final approval. Which would be much
more detailed than you are going to see today and Dean maybe I am missing
something to answer her questions.
Mr. Andrew stated no that is correct. This is conceptual dealing with whether the
reuse of this as offices, the Planning Commission views as appropriate and
feasible. And certainly the details of whether this driveway will be permitted or
whether there will be one or two driveways or will there be some kind of berming
or landscaping required here that is something that would be addressed at the
final planned stage and where we would want input from people on 10th Street
as to whether the location of those driveways, what type of landscaping or berm
might be required on that side. I guess when we looked at this we, except for
the, we actually viewed the addition of parking and the conversion from
elementary school to office use as probably having less impact on the
neighborhood, particularly 10th Street than the school did. Because by adding
off-street parking that should relieve some of the parking that used to take place
on 10th Street which would eliminate parking and congestion from that street.
The office complex should have a little less activity and intensity of use than the
elementary school. I would think that the impact would be neutral if not
improved because we will be getting cars off of 10th Street that used to park
there and getting them into a parking lot.
Mr. Britton stated to answer your question you will certainly be notified when
exactly how the land is going to be, it is kind of the chicken and the egg thing,
Mr. Welsh has agreed to purchase this only if he has the ability to use this for
offices so we are at that stage and then once that is gained and the property is
purchased from USD #305 and he has title to it then he is going to have to come
back again and say I know I have to use it for offices here and here is how I am
going to use it for offices which you are going to be more than welcome to have
input in if you see something that would affect your property value.
Mrs. LaFort stated he was also talking about putting in some townhouses?
Mr. Andrew stated yes and in the old playground area that is farther to the south
along 10th Street.
Mrs. LaFort asked so this would be two unit structures?
Salina Planning Commission
July 6, 2004
Page 3
MOTION:
SECOND:
VOTE:
MOTION:
SECOND:
VOTE:
Mr. Andrew stated right now it is already zoned R-2 which would allow two
dwelling units per lot if he choose to develop it that way.
Mrs. LaFort asked but they would only be two units? They would not be any
larger than two units?
Mr. Andrew stated no he would be limited to two dwelling units per lot.
Mrs. LaFort asked I just wondered if that might change any of those residences
because I know that there are several on the opposite side of the street that are
three and four unit that are pre-existing before the zoning that everybody up
there knows that if anything happened to your structure you would not be able to
go up with anything greater than a two unit structure and I wondered if that was
changing?
Mr. Andrew stated no he would still have that same limitation.
Mr. Britton asked are there other members of the public that would like to speak
to this application? Hearing none I will bring it back to the Commission for
discussion and possible action.
Mr. Simpson moved to change the designation in the future land use plan of this
property from public quasi public to commercial office.
Mr. Hass seconded the motion.
Motion carried 5-0.
Mr. Hass moved to approve Application #204-12 for redevelopment PC-1.
Mr. Hedges seconded the motion.
Motion carried 5-0.
(Published in The Salina Journal July
, 2004)
0 RD IN AN CE NUMBER 04-10220
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 AND AMENDING THE COMPREHENSIVE PLAN.
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,
THEREFO RE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. AMENDMENT. COMPREHENSIVE PLAN. That the Land Use Map of
the Comprehensive Plan of the City of Salina is hereby amended for the subject area from Public and
Quasi-Public to Commercial Office.
Section 2. AMENDMENT.
DISTRICT "PC-I". PLANNED RESTRICTED
BUSINESS 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 26 and 27 in Surveyor's Plat A and Lots 1,3, and the North 41.5' of Lot
5 on 10th Street and Lots 2, 4 and the North 41.5' of Lot 6 on 9th Street in the
Seitz Addition to the City of Salina, Saline County, Kansas addressed as 300
South 9th Street.
shall become a part of District "PC-l ". PLANNED RESTRICTED BUSINESS.
Section 3. CONDITIONS OF APPROVAL. That the use of said described property
shall be subj ect 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
RESTRICTED BUSINESS DISTRICT. Development of the property shall be subject to the plans on
file with the City Planning Commission and/or City Clerk and the following conditions, to-wit:
1.
Uses on this 1.25 acre site shall be limited to administrative and professional offices
and shall be subj ect to the bulk and use limitations of the C-l district.
2.
Signage shall comply with the C-l district maximum size limitation of 32 square
feet. One (1) monument sign and two (2) wall signs shall be allowed per street
frontage.
3.
A final site development plan for the subj ect property shall be submitted to and
approved by the Planning Commission prior to issuance of any building permits.
Section 4. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced: July 19,2004
Passed: July 26, 2004
Monte Shadwick, Mayor
(SEAL)
ATTEST:
Lieu Ann Elsey, City Clerk