Loading...
7.4 Ordinance No. 22-11122 Zoning Holmes RoadCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 Community and Development BY: Services ITEM 4 Planning Division NO:x r�T' FINAL A P OVAL: Page 1 BY: Dean AndrewMA J+` BY: ITEM: Ordinance No. 22-11122 ' Application #Z22-8, filed by Magnolia Hills, Inc., requesting a change in zoning district lassification from A-1 (Agricultural) to R-1 (Single -Family Residential) and R-2 (Multi -Family Residential) on a 46.84 acre unplatted tract of land located on the west side of Holmes Road north of Magnolia Road. (Under Kansas Law, pending Application #Z22-8, requesting the rezoning of a 46 acre tract located on the west side of Holmes Road north of Magnolia Road is a quasi-judicial land use matter to which the rules of due process apply. In order to assure that all Commissioners are able to fairly consider the application on the basis of the same publicly presented information, no one should initiate or participate in what is referred to as "ex -parte" contact with a Commissioner regarding the case, nor should a Commissioner entertain any such contacts. In order to assure that all Commissioners are acting with the same publicly presented information and to avoid any suggestion that a Commissioner has prematurely reached a conclusion regarding this application, Commissioners should refrain from any private discussion of the case with other Commissioners or citizens prior to the final public action on the application.] BACKGROUND: Rezoning and preliminary plat applications for the area to the east of the Magnolia Hills Estates Addition were first submitted in 2015. Since that time, staff has worked with the applicant (Magnolia Hills, Inc.) and their design engineer to resolve some technical issues associated with the plat submittal. City staff, the applicant and the Planning Commission have also wrestled with the unresolved issues associated with upgrading Holmes Road to a suitably improved street capable of handling the traffic generated by this proposed residential development and establishing a fair share financing mechanism for financing the needed improvement of Holmes Road. Because City staff concluded that we did not have a clear set of regulations in place to address this situation, the City Commission imposed a 90 day moratorium on the approval of preliminary plats with frontage on unpaved (gravel) roads on March 7, 2016 (Ordinance No. 16-10827). Action on this pending preliminary plat application was postponed by the Planning Commission at its March 10, 2016 meeting pending resolution of the issues relating to the future improvement of Holmes Road, an abutting perimeter street. At its May 17, 2016 meeting the Planning Commission recommended approval of a set of amendments to Section 36-74 and Section 36-74.1 of the Subdivision Regulations to address frontage requirements, access requirements, improvement standards and a fair share funding mechanism for perimeter streets abutting new subdivisions. The recommended amendments were put into ordinance form and Ordinance No. 16-10835 was approved by the City Commission on 1St reading on May 23, 2016. Second reading was deferred at the City Commission's June 6, 2016 meeting and the moratorium was extended an additional 60 days to allow modifications to be made to the draft ordinance. The Planning Commission recommended approval of the modified text amendment at its August 16, 2016 meeting. Ordinance No. 16-10835 as modified was approved on 2nd reading on August 27, 2016. AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew The moratorium on Planning Commission consideration expired on August 15, 2016. FISCAL APPROVAL: BY: FINAL BY: with frontage on unpaved The text amendment to the Subdivision Regulations approved in 2016 defined the terms "perimeter street' and "direct access perimeter street' and required that subdivisions that abut and have frontage on a direct access perimeter street have at least one public street access point on that direct access perimeter street. It also directs the Planning Commission to look at the need for additional emergency access points into the subdivision. In addition to the one direct access point, the Subdivision Regulations state that a new subdivision shall have any additional means of access in and out of the subdivision either by direct street connection or indirectly to existing streets in adjoining subdivisions as are determined necessary by the Planning Commission. The Planning Commission determination should be based on a technical analysis performed by staff. The Planning Commission previously determined that there was a need for two (2) street connections to Holmes Road to facilitate emergency access and disperse traffic. Sec. 36-74. General street requirements. (a) Frontage on and access to and from an improved perimeter street or road. (3) Direct access perimeter streets and connecting streets. a. No subdivision shall be approved unless all direct access perimeter streets and connecting streets meet or exceed the applicable public street standard at the time of application for approval of the subdivision or will be improved to the applicable public street standard as part of development of the subdivision; provided, however, that a subdivision plat may be approved if all direct access perimeter streets and connecting streets are or will be improved to an alternate street standard not less than the interim street standard pursuant to the terms of a development agreement entered into between the city and the developer under sub -section (b) below. If all direct access perimeter streets and connecting streets do not meet the applicable public street standard and the developer seeks plat approval on the basis that the direct access perimeter streets and connecting streets are improved to the interim street standard, the developer shall be responsible for submitting the engineering analysis necessary to determine if the direct access perimeter streets and connecting streets meet the interim street standard. If any segment of a direct access perimeter street or connecting street does not meet the applicable public street standard, the developer may request that the matter be referred to the governing body to consider a development agreement, entirely at the discretion of the governing body, between the city and the developer addressing such matters including, but not limited to, (i) the timing, financial terms, and the standard to which the direct access perimeter streets and connecting streets are to be improved and (ii) the potential utilization of recorded consents to property owner participation in the cost of future upgrades of the street improvements; taking into consideration factors CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development BY: ITEM Services FINAL APPROVAL: Planning Division NO: Page 3 BY: Dean Andrew BY: relevant to the public interest of assuring timely completion of appropriate street improvements such as, but not limited to: 1. The extent and nature of the appropriate street improvements, taking into consideration the potential suitability of an interim street standard or other public street standard; 2. The nature and pace of development in the area of the proposed subdivision; 3. Current and anticipated traffic volumes in the vicinity of the proposed subdivision; 4. Current cost savings that may result by allowing current street improvements to an interim street standard, in anticipation of participation by property owners in the cost of future enhancement to a public street standard; and 5. The extent to which any at -large public interests are served by the street improvements Initially it was determined that a Development Agreement should be finalized before the Planning Commission considered the preliminary plat but because a plat had already been prepared it was decided that the governing body should wait to see if the plat layout was approved by the Planning Commission before considering the applicant's request for a Development Agreement to address the financing of improvements to Holmes Road. A benefit district for Holmes Road was created in lieu of entering into a Development with Magnolia Hills, Inc. The Salina City Planning Commission met on March 7, 2017 and considered Magnolia Hills, Inc.'s application (#P15-3) for approval of a preliminary plat of the next phase of Magnolia Hills Estates (Magnolia Hills Estates No. 2), a proposed 105 lot subdivision of a 48.80 acre tract of land located on the west side of Holmes Road north of Magnolia Road. The proposed plat did not include the 16 acre tract at the northwest corner of Holmes Road and Magnolia Road. Following presentation of the staff report, comments from the applicant, comments and questions from neighboring property owners and comments and question from Commissioners, the Planning Commission voted 5-0 to approve the proposed preliminary plat of the property subject to twelve (12) conditions. This plat layout extended all the way to Holmes Road. At the March 7, 2017 Planning Commission meeting, the Planning Commission also recommended approval of a change in zoning classification from A-1 (Agricultural) to R-1 (Single -Family Residential) for this proposed residential subdivision. The City Commission approved an Ordinance (#17-10879) rezoning this property to R-1 on March 27, 2017 with second reading held in abeyance until the property was final platted. Sec 42-8. Of the Zoning Ordinance states: "Land shall be subdivided in accordance with the subdivision regulations of the city prior to rezoning any areas to any district other than the A-1 district. The zoning request shall be tentatively approved, subject to property subdividing for a period not to exceed one year. The Planning AGENDA SECTION NO: ITEM NO: Page 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Commission may grant one extension not exceeding six (6) months, upon written application. In the event that property subdividing is not completed within the specified time, the Planning Commission shall recommend appropriate action to the board of commissioners." Based on a request received from Magnolia Hills, Inc., the Planning Commission granted a six month time extension to the one year time period for submitting a final plat of the property. The delay in submitting the final plat was due to delays on the City's part in coming up with a financing plan for Holmes Road and preparing a Development Agreement addressing the timing and financing of those improvements. In August of 2018, the applicant (Magnolia Hills, Inc.) requested approval of a scaled down final plat of the next phase of Magnolia Hills Estates. Magnolia Hills, Inc. proposing final platting of only the west 19.40 acres of this 48.80 acre tract of land. The east boundary roughly corresponded to the halfway point between Markley Road and Holmes Road. As staff looked at options for financing improvements to Holmes Road it determined that the property the applicant was proposing to final plat was located in the benefit area for Markley Road and not the benefit area for Holmes Road. Since the lots comprising the revised boundary of Magnolia Hills Estates Addition No. 2 would not be assessed for future improvements to Holmes Road, staff determined that a final plat of the proposed area could be approved and accepted without the need for a Development Agreement addressing future improvements to Holmes Road. This 19.40 acre tract was subdivided into 45 residential building lots for single-family home construction. The preliminary plat covered 48.80 acres and contained 105 residential building lots. In addition to reducing the size of Addition No. 2, Kasyn Lane was shifted slightly to the north, the Dunnwood Drive cul-de-sac was shifted to the south and the Ridgewood Court cul-de-sac was reconfigured on the final plat. The other major change was that the proposed stormwater detention pond was no longer within the boundaries of the subdivision and the required drainage easement needed to be dedicated by separate instrument. This scaled down plat of Magnolia Hills Estates No. 2 was approved by the Planning Commission on September 4, 2018. The original Magnolia Hills Estates Addition abutting Markley Road was approved on November 15, 2005 and contains 96 residential building lots. This subdivision is fully built out. Phase I of Magnolia Hills Estates Addition No. 2 is nearing full buildout and the developers are getting ready to develop Phase II. Nature of Current Request The applicant (Magnolia Hills, Inc.) is requesting rezoning of vacant, A-1 (Agricultural) zoned land to R-1 (Single -Family Residential) and R-2 (Multi -Family Residential) for the purpose of developing the next phase of Magnolia Hills Estates. The zoning request area covers 46.84 acres and is bounded by Magnolia Hills Estates Addition No. 2 on the west, a rural home site on the north, Holmes Road and cultivated land to the east and the First Covenant Church and Magnolia Road and pasture land to the CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development BY: ITEM Services FINAL APPROVAL: Planning Division NO: Page 5 BY: Dean Andrew BY: south. Unlike previous applications, this request includes the 16 acre peninsula east of the First Covenant Church at the northwest corner of Magnolia Road and Holmes Road. Magnolia Hills, Inc. is proposing a mix of R-1 and R-2 zoning with the area extending east from Magnolia Hills Estates Addition No. 2 (62 proposed lots) being zoned R-1 and the 16 acre peninsula extending south (54 proposed lots) being zoned R-2 to allow construction of townhomes and duplexes. The single-family portion of the development would be centered around two public streets (Stonepost Lane and Ridegehill Drive) that would extend east from Magnolia Hills Estates Addition No. 2 and connect to Holmes Road. The two family portion would have a street connection to Magnolia Road on the south. At one time Frank Norton owned this entire quarter section except for the rural homesite in the northeast corner. The First Covenant Church purchased 34 acres in 2000. In 2005 Magnolia Hills, Inc., the applicant in this case, purchased 40 acres (Phase 1) and in 2007 completed the purchase of the remaining 64 acres over to Holmes Road. The 46.84 acres that is the subject of this rezoning application is already within the city, a portion having been annexed in 2000 and the remainder being annexed in 2005. A companion preliminary plat application has also been submitted. The rezoning request should be considered first. Zoning Ordinance Requirements If this rezoning request is approved, development of the R-1 zoned portion of property within this proposed residential subdivision would be subject to the following standards and limitations: 1. Uses allowed - All permitted uses in the R-1 district plus any conditional uses approved by the Planning Commission. 2. Setbacks - Front yard - 25 ft. Side yard - 7.5 ft. Rear yard - 25 ft. 3. Minimum lot width - 60 ft. 4. Minimum lot depth - 100 ft. 5. Minimum lot area - 6,000 sq. ft. 6. Maximum lot coverage - 35% If the applicant's request to rezone the 16 acre peninsula portion of this parcel to R-2 is approved, any new development in this peninsula area would be subject to the following standards and limitations: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development BY: Services ITEM Planning Division FINAL APPROVAL: NO Page 6 BY: Dean Andrew BY: 1. Uses allowed — All permitted uses listed in the R-2 district which would include single-family and two-family dwellings, plus any conditional uses approved by the Planning Commission. 2. Setbacks — Front yard — 25 ft. from the front property line (may be reduced to 20 ft. on the non -address side of a corner lot) Side yard — 1. Residential buildings: seven and five -tenths (7.5) feet on each side of the zoning lot; except that: A. Residential buildings which have the entrances to two (2) or more units facing the side yard shall have a minimum side yard of ten (10) feet on the side of the building on which such entrances are located. B. Single-family attached residential dwellings may have the side yard reduced to zero (0) at the common lot line. Rear yard — 25 ft. 3. Minimum lot width — Single-family and two-family dwellings — 50 ft. Single-family attached dwellings (townhomes) — 24 ft., except for corner lots — 40 ft. 4. Minimum lot depth — 100 ft. 5. Minimum lot area — 6,000 square feet 6. Maximum lot coverage — 35% 7. Maximum structure height — 35 ft. 8. Parking — Each dwelling unit will be required to provide two (2) off-street parking spaces per dwelling unit. All off-street parking, driving and maneuvering areas would have to be surfaced with an all-weather surface in accordance with Sec. 42.552(3)2 of the Zoning Ordinance. 9. Landscaping / Screening — Single-family and two-family dwellings in the R-2 district are not subject to the Landscape Regulations. AGENDA SECTION NO: ITEM NO: Page 7 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Signage — The maximum sign size in the R-2 zoning district is 32 sq. ft. The R-2 district allows for up to three (3) total signs. Suitability of Site for Development Under Existing Zoning This factor deals with the suitability of the property for development under the existing A-1 zoning and the extent to which the current zoning inhibits development and use of the property. The applicant believes that this property is well suited for development of new housing due to its location, topography, accessibility to Markley Road and Holmes Road, and the interceptor sewer line, and that the current A-1 (Agricultural) zoning serves to inhibit development of the site. Magnolia Hills Inc. views this as a logical extension of their existing 60 acre residential development east of Markley Road. The subject site is a piece of ground with a great deal of slope and elevation change. Elevations range from 1268 ft. above sea level in the northeast corner adjacent to Holmes Road to 1292 ft. in the southwest corner of the property adjacent to the First Covenant Church. There are a number of rises and dips between these high and low points. This type of terrain is relatively unique to Salina and the lots proposed in Blocks 3 and 4 will be elevated compared to the surrounding terrain. There are two distinct drainage basins on the property and the general drainage pattern for the portion the applicant is now proposing to rezone is northeast across Holmes Road and then east toward East Dry Creek. The substantial change in elevation creates positive drainage but the slope will also create some fairly high runoff velocities if surface runoff were concentrated in ditches. However, the applicant is proposing to use the curb and gutter system in the streets and underground pipes as part of the stormwater collection system that will send runoff to a proposed detention basin in the northeast corner of the property. With gravity access to the gravity portion of the existing interceptor sewer line along the south boundary of the property, there are no real limiting factors that would inhibit or restrict development of this 46 acre tract. Based on its desirable physical characteristics (the sloping terrain and view to the west and southwest), its proximity to Magnolia Road, Markley Road and Holmes Road (arterial and collector streets) and its proximity to the interceptor sewer line and Markley Road Water Tower, the applicant believes this site is suitable for some form of residential zoning and development. Staff would agree that the physical attributes of this property and the availability of public utilities make it very suitable for suburban residential type development. Character of the Neighborhood This factor deals with whether the requested R-1 and R-2 zoning would be compatible with the zoning and uses of nearby property. AGENDA SECTION NO: ITEM NO: Page 8 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: WN This proposed residential subdivision would not directly abut any existing residential subdivision, except for Magnolia Hills Estates Addition No. 2 on the west. The abutting property to the north is a rural home site that is zoned Agricultural in the county. Holmes Road forms the eastern boundary of this property and the First Covenant Church constructed in 2004 lies on the north side of Magnolia Road directly to the south of this tract. The closest urban -type subdivisions are Valley View Estates up the hill on the west side of Markley Road and Wheatland Valley which is located on the north side of Magnolia Hills Estates on the east side of Markley Road. Although there is a large amount of A-1 and AG zoning in proximity to this site, staff believes the construction of single-family and two family homes at an urban density on this property would be compatible with the zoning and uses of nearby property and would be consistent with the zoning approved for the first two phases of Magnolia Hills Estates. The rezoning of this property to R-1 should not adversely affect neighboring property or be detrimental to the living conditions, value or potential development of adjacent properties. The relatively large lot sizes make the overall development density fairly low (up to 3.6 units/acre). The church is a large institutional use and if the Commission looks at future zoning and land use, the type of residential development being proposed on the peninsula portion of this property would serve a buffer or transition use between the church and Holmes Road. This proposed residential development could be viewed as a logical extension of the development pattern along Magnolia Road west of the Smoky Hill River. 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. Water Supply and Fire Protection — The Phase I area is fed primarily by 16" water line that runs along the east side of Markley Road. Given the size of line (16") and the proximity to the Markley Tower, the Utilities Director found the existing waster distribution system would provide more than adequate volume and pressure to serve Phase I. The First Covenant Church site is served by an 8" water line extending off of a 16" line in Magnolia Road. A 6" line ties back to Markley Road giving the church site two sources of flow. To serve Addition No. 2, the developer's design engineer proposed extending an 8" line located in Phase I and to tie into the 8" line on the church property. This will create a looped system with two sources of flow for the Phase II area. The details of the internal water distribution network and the actual design and layout of the internal water lines for this next phase will be addressed in the plat review process. The Director of Utilities is recommending that the 16" water line in Magnolia Road be extended east to Holmes Road. This would provide a water supply for the peninsula area and provide the AGENDA SECTION NO: ITEM NO: Page 9 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: 5W opportunity for having a fully looped system with two sources of flow serving Magnolia Hills Estates Additions No. 2 and No. 3. 2. Sanitary Sewer - The nearest point of connection is an existing manhole in the city's southeast interceptor sewer line. This is a 27" sewer line in this location. Preliminary plans show that the entire subdivision can be served by a gravity system. The details of the sanitary sewer system and the design and layout of internal sewer lines will be addressed in the plat review process. 3. Storm Drainage - The City's stormwater management regulations require a residential developer to design a stormwater drainage system to either accommodate or detain the additional runoff caused by development of the site (the difference between existing and developed conditions). Details of the applicant's stormwater drainage system will be addressed by the City Engineer in the plat review process. A stormwater drainage plan and construction plans for the proposed detention pond have been approved by the City Engineer and a detention pond serving Magnolia Hills Estates No. 2 and this development phase has already been constructed in the northeast corner of the property. 4. Fire Protection - Fire response from Station #4, located at Marymount and Crawford Street, is about 5 minutes to the entrance to the Magnolia Hills Estates Addition on Markley Road. 5. Police Protection - Provided by the Salina Police Department once construction of internal streets provides access to the property. 6. Schools - Students in this proposed residential development would attend the following schools: Meadowlark School - Grades K-5; Lakewood Middle School - Grades 7-8; Salina Central High School - Grades 9-12. U.S.D. #305 has not indicated to City staff that this development will create any crowding problems at the above mentioned schools. 7. Parks - This property is shown as being located in Neighborhood Park Service Area #7 in the city's Neighborhood Park Plan. There are no Neighborhood Parks within this area and no future park sites identified. Under the City's Park Land Ordinance, developers of residential subdivisions have the option of dedicating land within their subdivision for public park purposes or paying a fee in lieu of dedication. The fee is set at $200 / dwelling for single-family dwellings and $150 / dwelling for duplexes and townhomes. 8. Streets & Traffic — Markley Road and Magnolia Road are not built to City street standards but are paved and in good condition and are capable of carrying urban levels of traffic. Holmes Road in its current condition is not. Magnolia Road currently carries 4,870 vehicles per day (vpd) west of Markley Road and 2,285 vpd east of Markley. Markley Road carries 4,285 vpd north of Magnolia. The current traffic count on Holmes Road north of Magnolia is 225 vpd. Under the County's policy, any development along Holmes Road that would cause traffic counts to exceed 250 vpd would trigger a requirement that Holmes Road be hard surfaced or paved. Staff believes the 116 total building lots proposed in this addition can be safely and efficiently served by the two access points AGENDA SECTION aUO ITEM NO: Page 10 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: M to the west and the two access points on Holmes Road proposed on the applicant's plat. A third street access point is also being proposed on Magnolia Road. At full build out this subdivision would generate 1,015 vehicle trips per day that would be dispersed both east and west. The issue from staffs perspective is how this 46 acre subdivision relates to the development pattern and street network around it, especially the future reconstruction of Holmes Road. The phasing of development and the timing of a future connection to Holmes Road becomes important. Does the proposed subdivision abut and have frontage on a perimeter street? Yes, the proposed Magnolia Hills Estates Addition No. 3 subdivision has 2,400 ft. of frontage on Holmes Road. Under Section 36-74 a.1. of the Subdivision Regulations Holmes Road meets the definition of a "direct access perimeter street" from which a direct means of access is required. A direct access perimeter street is defined as that segment of a perimeter street abutting a subdivision from which a required means of direct street access is determined to be required. 2. What is the street classification of Holmes Road? Holmes Road is classified as a minor arterial street on the City's Functional Street Classification Map. It is not identified as an Impact Street in the Comprehensive Plan. The Comprehensive Plan presumes that all arterial streets will be built to a Complete Street standards and that deviation from the Complete Street design should be the result of deliberate and formal action by the City Commission. 3. Does the abutting perimeter street (Holmes Road) meet City street standards? No, Holmes Road is a gravel road that does not meet City street standards or even an interim street standard in its current condition. City street standards require concrete or asphalt paving, curb and gutter storm drains and sidewalk on both sides of the street. Interim streets are not required to have curb and gutter and sidewalks are required on only one side. 4. Does the proposed subdivision have a connecting street segment that connects (1) the perimeter street upon which a means of direct street access to and from a subdivision is located with (2) the improved collector or arterial street nearest that means of direct street access to and from the subdivision? Yes, there is a 1,247 ft. segment of Holmes Road that connects the means of direct access into the proposed Magnolia Hills Estates Addition No. 3 subdivision to Magnolia Road, the nearest improved arterial street. 5. Does the applicant / developer plan to upgrade the direct access perimeter street and connecting street segment (Holmes Road) to City street standards? No, the developers of the Magnolia Hills Estate Addition No. 3 subdivision have indicated that it is not financially feasible for them to bear the entire cost of upgrading 2,400 lineal feet of Holmes Road to City street standards as part of development of this 46.8 acre subdivision. The developers have expressed a desire to attempt to negotiate a development agreement AGENDA SECTION NO: ITEM NO: Page 11 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: MN with the City Commission to determine the level to which Holmes Road must be improved to (city or interim), the method of financing the street improvement, the timing of the improvement and any public participation or cost sharing. This was done on November 4, 2019 when the City Commission approved Advisability and Authorization Resolution No. 19-7763 establishing a special assessment district for the interim street standard, sidewalk and drainage improvements to Holmes Road north of Magnolia Road. Magnolia Hills, Inc.'s proportionate share is 31.4% of the projected $21M project cost. 6. What discretion does the Planning Commission have regarding the application of street standards? None. Under Section 36-74(a)(3)(a) "no subdivision shall be approved (by the Planning Commission) unless all direct access perimeter streets and connecting streets meet or exceed the applicable public street standard at the time of application for approval of the subdivision or will be improved to the applicable public street standards as part of the development of the subdivision; provided, however, that a subdivision plat may be approved if all direct access perimeter streets and connecting streets are or will be improved to an alternate street standard not less than the interim street standard pursuant to the terms of a development agreement entered into between the city and the developer. Negotiating and entering in to a development agreement is the responsibility of the City Commission. Therefore the Planning Commission can only approve the proposed plat of Magnolia Hills Estates Addition No. 2 subject to a condition that 2,400 lineal feet of Holmes Road be improved to City street standards as part of development of the subdivision, unless the City Commission approves an alternate standard through a Development Agreement with the developer. In this case, the Salina City Commission approved an alternate standard through the formation of a benefit district to finance the cost of upgrading Holmes Road to an "interim" street standard. 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 whether an amendment could be reasonably justified. Land Use Map - The City's Land Use Plan shows this area as being in a Primary Urban Service Area for City utilities and services and as suitable for future Suburban Residential type development. Suburban Residential represents a prevailing development standard in housing and neighborhood design. Suburban residential land uses typically accommodate low to medium density residential development, including single-family patterns of 2 to 5 units per acre. Medium -density development AGENDA SECTION ["a ITEM NO: Page 12 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: M may be appropriate in certain situations. Townhome, walk-up, flat and single-family attached development of condominium (ownership) or apartment (rental) type and higher -density single-family of a 4 to 10 unit per net acre density may be appropriate along primary transportation corridors or adjacent to mixed-use centers. Suburban residential development is typically served by City infrastructure and should also accommodate appropriately scaled uses such as churches, schools, parks and other civic and institutional uses. Primary Uses: Single-family Residential — 2-5 units per acre. Secondary Uses: • Single-family Residential, duplexes, townhouses and apartments — 4 to 10 units per acre. • Civic and institutional uses such as community center / club house, churches, school, or other neighborhood support uses. Location Criteria (Secondary Uses): • At edges of defined neighborhoods along arterials and minor arterials; AND • As transitions to adjacent mixed-use centers or institutional uses. • As focal point and central to a neighborhood associated with the intersection of collector streets or higher classification; OR Development Criteria (Secondary Uses): Buildings, access points and parking areas should have a similar relation to neighborhood streetscapes as the primary single-family uses. Development of secondary uses should not result in a negative impact to surrounding uses and neighborhoods, including utility systems and traffic. The design of secondary uses should strive to complement and enhance the existing character of surrounding uses and neighborhoods. If the entire subdivision was developed with single-family homes the residential density would be 2.48 dwelling units per acre. If the entire peninsula area were developed with townhomes the residential density would increase to 3.6 dwelling units per acre which is still a low density residential development pattern. Staff believes the mixed R-1 and R-2 zoning being requested by the applicant is consistent with the Suburban Residential land use designation. FISCAL NOTE: The primary fiscal impact from approving this rezoning request and companion plat would be to trigger the need to upgrade Holmes Road to interim street standards. Initially estimated to be a $2M project with the City's share being 68.6% of the cost ($1,372,000), with the cost escalators built into the benefit CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development BY: Services FINAL APPROVAL: ITEM Planning Division NO: Page 13 BY: Dean Andrew BY: district petition staff estimates that the cost has now increased to $2,219,281.92 based on the National Highway Construction Cost Index as of the first of the year. Planning Commission Recommendation The Planning Commission conducted a public hearing on this application on June 7, 2022. No neighboring property owners appeared or spoke at the hearing. Following presentation of the staff report, comments from Stan Byquist, representing Magnolia Hills, Inc., and comments and questions from Commission members, the Planning Commission voted 4-1 to recommend approval of a change in zoning district classification from A-1 (Agricultural) to R-2 (Multi -Family Residential) as proposed in Application #Z22-1. The Planning Commission's recommendation was based on the following findings: 1. All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met. 2. This property lies within a Primary Service Area on the Urban Service Area Map where the City has already made investments in the utility network. 3. The subject property is not suitable for development of single-family housing under the existing Agricultural zoning. The location and physical attributes of this property and the availability of public utilities make it suitable for urban density residential development, provided that adequate legal and financial assurances are in place to ensure that Holmes Road is improved to City street standards abutting this property. 4. The subject property is a logical extension of an existing residential subdivision and the requested R-1 and R-2 zoning would be compatible with the zoning and land use of nearby properties; 5. The development of townhomes in the peninsula area would serve as a buffer and transition area between the First Covenant Church and Holmes Road; 6. Needed public utilities can be readily extended to serve the entire 46 acres; and 7. The requested zoning change from A-1 to R-1 and R-2 and the densities proposed would be consistent with the city's Comprehensive Plan which shows this property as being located within the city's Urban Service Area and calls for future suburban residential development in this area. COMMISSION ACTION: Staff has identified the following options for the City Commission's consideration: 1.) The Commission could concur with the recommendation of the Planning Commission and approve Ordinance No 22-11122 changing the zoning classification of this property from A-1 AGENDA SECTION NO: ITEM NO: Page 14 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: (Agricultural) to R-1 (Single -Family Residential) and R-2 (Multi -Family Residential) district on first reading. [This would require three affirmative votes.] 2.) The City Commission could refer this application back to the Planning Commission for reconsideration stating the reasons for its disagreement with the Planning Commission's recommendation. [This option would require three affirmative votes.] 3.) The City Commission could direct the applicant to resubmit this application as a Planned Development District which would require the applicant to submit a site plan for the Commission's review and give the Commission the opportunity to approve a preliminary development plan for the townhome units. This would result in this item going back to the Planning Commission. [This option would require four affirmative votes.] 4.) The City Commission could overturn the recommendation of the Planning Commission and decide that the zoning classification of the subject property should remain in place and make a motion that Ordinance No. 22-11122 changing the zoning classification of the property not be approved. [This would require four affirmative votes.] If this option is chosen, use of the property would be limited to uses allowed in the A-1 district. This would not allow for the development of a residential subdivision on this site. If Ordinance No. 22-11122 is approved on first reading, second reading would be deferred until this property has an approved final plat. Attachments: Application Vicinity Map Surrounding Zoning Map Proposed Plat Layout Excerpt of 6/7/22 PC minutes Ordinance No. 22-111 XX CC: Stan Byquist, Magnolia Hills, Inc. Kelly Dunn, Magnolia Hills, Inc. uaa Plonningf? �.ommunity Development Publication Date 'j Application No.177-19 Hearing Date it Date Filed Vicinity Map Attached KG Filing Fee Ownership Certificate Receipt No. APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP 1. Applicants Name Stan Byquist 2. Applicants Address 2601 South Ohio Street, Salina, Kansas 67401 3. Telephone (daytime) (785) 822-8248 E-mail stancbyquist@gmail.com 4. Owner's Name Magnolia Hills, Inc. 5. Owner's Address 2601 South Ohio Street, Salina, Kansas 67401 6. Legal Description of property to be rezoned (attach additional sheet if necessary) See Attached 7. Approximate Street Address N/A 8. Area of Property (sq. ft. and/or acres) 46.84 Acres 9. Present Zoning A-1 Use Agricultural 10. Requested Zoning R-1 & R-2 Use Residential 11. Are there any covenants of record which prohibit the proposed development? YES ❑ (attach copy) NOW 12. List reasons for this request (attach additional sheets if necessary): New residential development 13. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): See Preliminary Plat Drawings 14. Explain how off-street parking will be provided for this requested use: Residential: Garages and Driveways 15. List exhibits or plans submitted: See Applicant(s) Signature Stan Date: '/' — %d v'-? Plat Drawings Owner(s) Signature 0 - Stan Byquist Date: 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: Complete Mailing Address, including zip code Telephone (Business): E-mail address: PLF — 051, Application Amendment to District Zoning Map, Rev. 04/2011 RS A-1 1 inch = 600 feet Application #Z22-8 Filed by Magnolia Hills, Inc. Area RS 1 inch = 600 feet Application #Z22-8 Filed by Magnolia Hills, Inc. uest Area f 71'� M-02 r G � V Ile Dr` Wheatlan��,Y 1 �z 01 o Frehawk � 1r4� t Rosebud UnIr OR . �F C R`i�dgehillDr Re ft' Pd_3t 16- rW , -Deer wood1- E:vmyDHollow Dr r- - i - Wo F; - N �s r o� • Magnolia Rd -- -- -----3h^ - — % 4 I�jL7 St%te VAL z _ y '• 1 E 0 1 inch = 600 feet Application #Z22-8 r .^�{ ��'` `�"� Filed by Magnolia Hills, Inc. i R :G G � V Ile Dr` Wheatlan��,Y 1 �z 01 o Frehawk � 1r4� t Rosebud UnIr OR . �F C R`i�dgehillDr Re ft' Pd_3t 16- rW , -Deer wood1- E:vmyDHollow Dr r- - i - Wo F; - N �s r o� • Magnolia Rd -- -- -----3h^ - — % 4 I�jL7 St%te VAL z _ y '• 1 E 0 1 inch = 600 feet City of Salina Page 1 of 1 C'➢f Fu:E s or place � J RldgehIII,Dr fj d: amal j StQhEpp` 7 k ` VY,,� - fIz 00,i o n �j� a �: , -Ow Mama1 a ( If • � �.' i 'f ,'I �'.' a I Y ..�...�.__— ___._ ._____.__.—. 7 ' 0 150 jpofi https:Hsalina-ks.maps.arcgis.com/apps/webappviewer/index.html?id=c86acd68b5O84fl da2... 6/22/2022 s; a� 64 Gf II pp r q; 99 O i ) 31 I'o0 SOI pr) Ji Z O ~ Na /, �\\•O u01 0 O� B//O� -1�°m ®I OI II II II Q oz F__—_-- � %8 Q NU I I Q �T� O II �I j ©� lei II III W � E IaG p II mo< 11 �3 ---II ---- � 4---gaa I �4 �1� •�8 � � IFqq ®II I ow =a I I \ \ !! I Zoo I I II I FOI ®I II II III ©I O I� ®I 51 ®II II �g II OI SII® Gi I SII II I II III I I I O II III^ i Le �J I iiI IIID I I .fig. _ji i $ ° G egg. L --- a e p n a Attachment Comprehensive Plan Excerpts and Maps Growth and Development While infill and redevelopment will assist in stabilizing deteriorating neighborhoods and provide living and business opportunities for many, there is also a desire in Salina to live in new houses in new neighborhoods. To provide this opportunity, growth areas have been identified to accommodate new neighborhoods, housing, services and jobs, as shown in Figure 2.6: Urban Service Area Planning Map. (Page 2-42) To promote responsible growth, areas have been identified to accommodate different types of development including residential, commercial, mixed-use and employment as well as institutional uses incorporated into all growth areas to support primary uses. In general the growth areas recognize the existing uses, investments and land available for development. The growth strategy builds on the existing presence of residential, business, industry or recreation uses. It also builds on the existing infrastructure and public service investments and seeks to expand those facilities and services in an efficient manner. Thus, new growth should occur in a contiguous manner adjacent to existing development supported by public infrastructure. Finally, the future growth of Salina needs to be sensitive to the large amounts of undevelopable area surrounding the community subject to flooding or other constraints. Future residential growth is envisioned to the east and southeast of the current city limits. The existing residential development pattern and services, as well as proximity to infrastructure and developable land, make this an ideal place for the future neighborhoods of Salina. Pg. 2-29 & 2-30 INTERSTATES ROAD NETWORK EXISTING RAILROAD PROPOSED RAILROAD RIVERS FLOODPLAIN FLOODPLAIN LEVEE t=l CITY LIMITS FUTURE ANNEXATION AREAS COMMERCIAL EMPLOYMENT URBAN RESIDENTIAL I SUBURBAN RESIDENTIAL PARKS & RECREATION CONSERVA110N URBAN SERVICE AREA Infrastructure The future pattern of growth and development will depend on the city's infrastructure systems and their ability to adequately serve development. As the community continues to grow, through new growth or infill and redevelopment, infrastructure — water, sewer, stormwater, electric and natural gas — services will be necessary. New growth will be served through the extension / upgrade of existing systems. In Salina a balance of growth and infill / redevelopment opportunities is recommended and consequently the future of infrastructure will focus on expansion of new systems and upgrades to existing systems to serve development. Infrastructure should not be used to support leapfrog development nor should it facilitate scattered or disorganized development. Development that is proposed at the outer edges of the growth areas should wait until development and infrastructure has reached that area. The designation of a growth area does not mean that infrastructure will be provided to the entire area now or in the near future. As growth occurs within identified growth areas, it should be served by infrastructure systems that are efficient and adequately sized. Additionally, infrastructure will be provided to contiguous uses that are within the city of Salina or in the process of being annexed into the city. In no case shall municipal infrastructure be extended to support development that is not within the city limits at the time of development. Extension of infrastructure to serve development outside of the city, or not willing to become part of the city, is not an effective use of resources for the future of the community. * Based on the Future Land Use Map, Figures 2-4 and 2-5 show the likely extensions to the existing water system and sewer systems that would be needed in order to provide for service in the future growth areas. Pg. 2-32 & 2-33 „ 1 LOJNRY A RCLUB P ARGONNE DR f8W ¢ N au Nk c0.E5NlEW gAIIA L” a IRON AV y WDDDaxD R1f I 1 JR AD / .V y — --4`I———————� @o .V GYp6DN O 3 O MCARi.e AV W O.Y LP O6pECi ME NL CRESr wunr P I .I IN IA. NDRNE AT a LINO, sI I / ` b W °a N F "'SIDE A xI... RDA ffi 'I 3a O i GLEN O A 6EN RUB"w RDV N M iN 3 w �OO V �INLIANRmN p T. i;OLv�WOGO a$ 2 . A, µYNOiON t o XORiXH 00 .{. O I'D O xGRrx F i gRD j @ rc 6 WN6ON�i Yu' a V.ESTCII 3 y g eamrtwDm � IXt UNDOR JGxi�ORQ QUAL yDL 5 Q NEIGNI. t9'y D}y'F4R5} Sita NPLEW CO. o W I ADW J zR`�LfA 0R i NLIAGE M1 Vi {. U1 &'C", YL—' 6. UN 23 1.9PENg g ?`..O H W G CNINUR.aj H 16i 'IS. i WMFA6ANi O i 1. I 1 ORRE uDD OPO r EAf DRO Og0 C RD OR ��� �� 3wIN 1 A � I I I `} V NVAN. / 1 wr x 1 /1 I 1 Ei { A, BANK AN, 1 / e J 1 LOJNRY A RCLUB P ARGONNE DR f8W ¢ N au Nk c0.E5NlEW gAIIA L” a IRON AV y i OF C " apD�WO JR AD ORE si.PLERS .v € "O "``a$m ewI @o .V GYp6DN O 3 O MCARi.e AV W O.Y E_ _ ME NL CRESr wunr AND ME.R.E W DR — g _ _ _ 1 .I EDC£WLL RD ix LNNR WAV- N%NDR � ¢ LR F 2 0 ILWIDEAD ` b W °a N F "'SIDE A xI... RDA ffi 'I 3a O i GLEN O A 6EN RUB"w RDV N M iN 3 w �OO V �INLIANRmN p T. i;OLv�WOGO a$ 2 . A, µYNOiON t o XORiXH 00 .{. O I'D O w f ON OpNF)FORD SEIGNxy OR F i gRD j @ rc 6 WN6ON�i Yu' a V.ESTCII 3 y g eamrtwDm W _E.R IXt UNDOR JGxi�ORQ QUAL yDL 5 Q NEIGNI. t9'y D}y'F4R5} Sita NPLEW CO. o W I ADW J zR`�LfA 0R i NLIAGE M1 Vi {. U1 &'C", YL—' 6. UN 23 1.9PENg g ?`..O H W G CNINUR.aj H 16i 'IS. i WMFA6ANi O i 1. Cr' N'IPJaRF��Ji AD AWE OPO r EAf DRO Og0 C RD �� 3wIN NUD.M6 RDQq, � I MEYER \ \ RWG�RD EPW�UE DR 1 V NVAN. { ENEi I[X W CRI ` 9 1 DR LLI pVP jN b { REwaw \ \ X OR 1 BRAD.. DR \ { A, BANK AN, 1 / EELON AV 4E ec� MlxxEaPDDR IV " AVW, a I ! e LONSE 1 C I I 90MbNER.D. RIDGE O g I LT I CEORR RIWE DR o DE 6oL 1 YAV I 'a iINBFA RLAR.I I S IDDABR p�CE �OR 9 I S n sr R OR ON yR�NGEp SL I LL Pr 1 5 Si 'y $ W kDR. ' NA D r: 1 I �PNOVID 0. SaQ2 c« I wJ 1 II I 4w I PLR I I Ga I 1 B OiOp PIDGE 1 Q4^` IW I �R - b d RL,1LN 16 90 hp { \ I M .R DR +'13 g { I — AL RIDGE DR LS�^ 6ARAN W 1imEX� RR r IN _ _ WAYNEAV i AURNAY SNA OR —.4T PJ EPORi W ODT WRAy C90 EAmLEERDON W —WSVX W 1 14(c4� = 4C7 "NN OR Wm I G F E'iWrcE ICI 1 N NWmD LN o 6 NO pDi a$ a �9 { 6 OR O W 9LLEC ODDA DIE 'No" { ADVOJ"EFlELi O}�EAmIERROON 6T a M1Q"OO LORIOH x I x 4£ FAGIiES(t= I NI RIDGEq REVEREp i ibPANE E5a ° a 'g +— . ` ; F� EE%pADi D; MSDxDLwINRod r gRRRA OR w " 1 dA, G 4 8X ED w wr�rory { { {"MLL Rx R3 L a 3 D y 4o i 3 s I I �RwiL.I yr N aI IAREUEW CN { o )R CITY SEWER LINES =icm OLD INTERCEPTOR OLDINTERCEPTOR NORTH (n W J 0 x GL Point where line switches from a Force Main (FM) to a Gravity Line (GL) COUNTRY CLUB CRAWFORD CLOUD MAGNOLIA Jn FUNCTIONAL STREET CLASSIFICATION MAP Classification, Responsibility 41111111RAderbl5lreab,Cay • • 1 Ammar Slaideft currently odeade CRY limb �MmerAmemal SVaeb. Ctly •r MirorAM tbeets wearily oubwe CRY limib Collecbr Slneb, CXy ^• Cellecbr cumntly oa.m. CM1y I.Re —Loral 51reela. City — Pd to Streets, Cay Pen Read. OR, Gaudy Rcetle Railroads bad ROOT Urban Area 6ouMery � IM•nlebe O CRY LImXs Armehong fttl Rd Schillm,l Rd Slimmel Rd NN�arrth SI • • iry"rFipe. Paraded HIIIIRa DW.. Drlr o Craniata Rd Barg Rd Water Well Rd • • • • • . • N•ierwn iaur•�•r•r•rer w•r • r� =rn rrr rrrr Z LL () Farrelly Rd rrrw tl Schippel Rd Ckyof r V Effective February 2, 2015 Nodd 51 Croua 51 Meglella Rd I 1—T Farteay Aa / a 0 0.5 1 Miles o Functional Street Classification Map Slate SI O'Ray St ..:r......u•......•r Z q 19 s u Caw SI Rd Schillm,l Rd Slimmel Rd NN�arrth SI • • iry"rFipe. Paraded HIIIIRa DW.. Drlr o Craniata Rd Barg Rd Water Well Rd • • • • • . • N•ierwn iaur•�•r•r•rer w•r • r� =rn rrr rrrr Z LL () Farrelly Rd rrrw tl Schippel Rd Ckyof r V Effective February 2, 2015 Nodd 51 Croua 51 Meglella Rd I 1—T Farteay Aa / a 0 0.5 1 Miles o Functional Street Classification Map ° w' _- WATKIN�S_-_-.-.-.-.--- _ LL z .N i% % • z O PLEASANT HILL I : a I ia . ■ ® •� ••• V TIMMEL STIMMEL I I � ':•+o r.y ARMSTRONGI -.'• uou ..� •N■i . I I Yom•'`:._ . Y NORTH — — --- j j STATE J_- ----- I ON AVIL a = ' CARMONY / r.. C AWFORD z , CLOUD ; ,•I,• ; ' �� •� �. _— CLOUD --- r••••y ; ; ` I j ••i • / AGNOLIA MAGNOLIA ■ so ....... • ---_ ... It 4...y J� � , 1•t i ••tiu. • SCHILLING . $CHILLING_-. _-.-.-i � ._.__ - I- - • ( m • __ . ° •. j ...... ; ... WATER WELL WATER WELL .........� / tir •i • N z m= 4 W _--.------ I ------N -----.— Attachment Preliminary Plat Phasing Plan R x N i a99 yt�€ a`— N} E 2 Q z0Z 1 wLI-L u0 31y�y9$3i�$➢y'E�19yiy3pp� TmgF4Fy �e]A b�bppp,,l* 1ylly3ii�9?IzCB:��lalylli Q WZ Y�RPGt EBR�Ii:�Stl 18 �Sti Af p*p�}Stj 1, I3 11 E!e wlff�ll R�tS t t io Og�i�giEkGtR°2,'�ik1"3itka1QSR8cik ' YYiya2ll�R!RIPb4Ykj 4III11)kRl:Ij:.`a W `J dJ �Y waa:a 8a.wa.wa:.a..w.w:w.a...aaawa. a.eaa. a. w.w a. aw...awawa..a Q � ° soRaee ��� �aoaalRo aREc EE EEEEEE66P8d PP6E69E 9P38PBEPPEEEd BEEPEE bEEbP P H 3 f rEF p�,ca C)"— — — — — — — — — — — — — — — — — — — — — — — — — V1 W ! C W Z — Z ¢ _ _ awvss Rmsw a isc.sa x ,,II� ZD 4 _00 O _:. a v�_�E (nl¢vw KaliMEa ss.tcxx li., ¢a Q Z / - (sOt1wa11a)Pta R.uee® O e Z f. � 4At V ♦ i I � 14 b 'b O R 8p 0 s I IIA Ag " 98'. ... � � ° a "!A� f• aea . � 0� I I ---gb"P✓ kA�,+s.`a``s• a x.FFuc"I J ® s O'E IIII I eF 4 i x A rs :� � g' a•$: ^A • p 5 e L ¢ I Bir (CY HIRS '09to 11 b•bLR � R iRI I II N ga$s'e file II 51i 2g I O ZZY =d�it' p�Ei hE e IN €g Z [3 ea5 $'�@ ;iE ?Y' saeo•+`r,Ys a 3 , 'll Rxi.'ag" 1pji ay q d3 II. ' �F>� 8 a..e3�a4lg� xRl • ® el ' g I, ® I h9 i9 I it 4 $jF33j'' Hc= Os 11 O W bRglgitzgg gGqEA,§g .i ka` `e $ as mze: �Q i'aa$e $elbha ii'��?��a��a �� I � ' ®. � Ib.l I ® I � •� I bR. I III $b flf Flar o y•R. g @F§q rlA Vd�ya €E14 -�1a I 6 I O PI. ® I I 9 I �o Il IIIII N 's§ E}"ski" h Via{= € e R I • :om: :�aa .F "$a3�$•si iX "n@e "sfl s� Ild =a' a B 6 X I I I •e O I® � S �I II I O I I1 m III I. � ° i `� O ©�� •x3�® I I $ II 1ie 11 � I 'II A �l -- —'i'— wkx En.Yuoz ...Fuse: a B 6 Attachment Holmes Road Benefit District Interim Standard Magnolia Hills Estates Addition No. 3's proportionate share of the Holmes Road improvement project cost: Tract #4: $380,384.95 x 1.109 (10.9% increase) = $421,846.91 Tract #5: $248,464.29 x 1.109 (10.9% increase) = $275,546.90 $697,393.81 Interim Street Standard: 6 or 8 inches of pavement • No curb or gutter • Sidewalk on one side of the street Vice Chair Olson closed the public hearing and brought this item back to the Commission for discussion and action. MOTION: Commissioner Farber made a motion to recommend approval of Application #M22-6 as requested SECOND: Commissioner Waters VOTE: Motion carried 5-0. Vice Chair Olson announced a five (5) minute break at 6:43 p.m. The meeting will reconvene at 6:48 p.m. The meeting reconvened at 6:48 p.m. (3.5) Public hearing on Applications #Z22-8 and #P15 -3B filed by Magnolia Hills, Inc. (a) Application #Z22-8, filed by Magnolia Hills, Inc., requesting a change in zoning district classification from A-1 (Agricultural) to R-1 (Single -Family Residential) and R- "-- 2 (Multi -Family Residential) on a 46.84 acre unplatted tract of land located on the west side of Holmes Road north of Magnolia Road. Mr. Andrew presented the staff report with visual graphics which are contained in today's meeting packet. Vice Chair Olson asked the Commission if there were any questions for staff. Commissioner Farber stated that he sees no significant issues with the plat. Commissioners Waters and Mikesell agreed. Commissioner Jones asked staff where the detention pond is located. Mr. Andrew stated that it is in the northeast corner of the plat next to Holmes Road. He added that it is already in place and appropriately sized for this development as well. Vice Chair Olson invited the applicant to address the Commission. Mr. Byquist returned to the podium and stated that he hopes the Planning Commission likes what they have designed for the rest of the property and opened the floor to questions from the Commissioners. Vice Chair Olson asked if there were questions of the applicant. There were none. Vice Chair Olson asked if there were comments or questions from members of the public in attendance. There were no members of the public in attendance in Room 107 or on Zoom that came forward to speak on this item. Vice Chair Olson closed the public hearing and brought this item back to the Commission for discussion and action. PLANNING COMMISSION I MINUTES June 7, 2022 Page 14 of 17 MOTION: Commissioner Mikesell made a motion to recommend approval of Application #Z22-8 as requested SECOND: Commissioner Jones VOTE: Motion carried 5-0. (b) Application #P15 -3B, filed by Magnolia Hills, Inc., requesting approval of a preliminary plat of Magnolia Hills Estates No. 3, a proposed 116 lot subdivision of a 46.84 acre tract of land located on the west side of Holmes Road, north of Magnolia Road. This proposed residential subdivision is located directly east and is an extension of Magnolia Hills Estates Addition No. 2. Mr. Andrew presented the staff report with visual graphics which are contained in today's meeting packet. Vice Chair Olson asked the Commission if there were any questions for staff. Commissioners Mikesell asked if the sidewalk on the west side of Holmes Road will be similar to the sidewalk on Markley Road. Mr. Andrew stated that is what the Public Works Department is looking at doing. He stated that since the City is designing Holmes Road, the sidewalk design will be included in that plan. Commissioner Waters asked if the internal sidewalks will be 4 ft. in width, to which Mr. Andrew answered yes. Commissioner Farber asked if the $2 million amount is just for this section of the road or for all the way to Crawford Street. Mr. Andrew stated that the cost is only for the section of Holmes Road from Magnolia Road to the northern portion of the Magnolia Hills Estates subdivision. He stated that the City's design will be from Magnolia Road to Country Club Road and that the City is hoping to find some type of funding assistance for the rest of the road. Vice Chair Olson invited the applicant to address the Commission. Mr. Dunn returned to the podium and stated that it has taken a long time to get to this point in the development. He stated that they started this subdivision in 2005 and they are happy with the neighborhood that has been built out in the area. Vice Chair Olson asked if there were questions of the applicant. There were none. Vice Chair Olson asked if there were comments or questions from members of the public in attendance. There were no members of the public in attendance in Room 107 or on Zoom that came forward to speak on this item. Vice Chair Olson closed the public hearing and brought this item back to the Commission for discussion and action. PLANNING COMMISSION I MINUTES June 7, 2022 Page 15 of 17 Summary published in The Salina Journal on 12022 Posted on the City of Salina website from to , 2022 ORDINANCE NUMBER 22-11122 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA, KANSAS BY REZONING AND PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN THE CITY. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Findings. In relation to the following described real estate: Magnolia Hills Estates Addition No. 3 to the City of Salina, Saline County, Kansas (the "Property"). The Governing Body makes the following findings: 1. All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met; 2. The Property lies within a Primary Service Area on the Urban Service Area Map where the City has already made investments in the utility network. 3. The Property is not suitable for development of single-family housing under the existing Agricultural zoning. The location and physical attributes of this property and the availability of public utilities make it suitable for urban density residential development, provided that adequate legal and financial assurances are in place to ensure that Holmes Road is improved to City street standards abutting this property. 4. The Property is a logical extension of an existing residential subdivision and the requested R-1 and R-2 zoning would be compatible with the zoning and land use of nearby properties. 5. The development of townhomes in the peninsula area would serve as a buffer and transition area between the First Covenant Church and Holmes Road. 6. Needed public utilities can be readily extended to serve the entire 46 acres. 7. The requested zoning change from A-1 to R-1 and R-2 and the densities proposed would be consistent with the city's Comprehensive Plan which shows this property as being located within the city's Urban Service Area and calls for future suburban residential development in this area. Section 2. Amendment. DISTRICT "11-1". SINGLE FAMILY RESIDENTIAL DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the following lots located within the Property: Lots One (1) through Nine (9), Block One (1), Lots One (1) through Nine (9), Block Two (2), Lots One (1) through Eight (8), Block Three (3), Lots One (1) through Eleven (11), Block Four (4), Lots One (1) through Sixteen (16), Block Five (5), Lots One (1) through Nine (9), Block Six (6) and Lot One (1), Block Ten (10); as part of DISTRICT "R-11' SINGLE FAMILY RESIDENTIAL DISTRICT. Section 3. Amendment. DISTRICT "R-2". MULTIPLE FAMILY RESIDENTIAL DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the following lots located within the Property: Lots One (1) through Seventeen (17), Block Seven (7), Lots One (1) through Twenty (20), Block Eight (8) and Lots One (1) through Seventeen (17), Block Nine (9); as part of DISTRICT "R-2" MULTIPL FAMILY RESIDENTIAL DISTRICT. Section 4. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance. Section 5. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 21-11122 Summary On 2022 the City Commission passed Ordinance No. 22-11122. The ordinance changes the zoning district classification of property located on the west side of Holmes Road north of Magnolia Road to R-1 (Single -Family Residential) and R-2 (Multiple Family Residential) to allow development of a residential subdivision with single-family detached and single-family attached dwellings. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: June 27, 2022 Passed: Upon final platting of the Property Trent W. Davis, M.D., Mayor [SEAL] ATTEST: JoVonna Rutherford, City Clerk The publication summary set forth above is certified this _ day of 12022. Greg A. Bengtson, City Attorney