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7.1 Zone EMI Addition CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/27/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEAN AN DREW AGENDA: PLANNING AND COMMUNITY ITEM DEVELOPMENT NO. 1 BY: BY: Page 1 Item Application #Z04-20, filed by Jeff Gillam on behalf of Weis Fire and Safety Equipment, requesting a change in zoning district classification from R-2 (Multi-Family Residential) District to C-6 (Heavy Commercial) District on property legally described as Lot 12, Block 3 of the EMI Addition to the City of Salina, Saline County, Kansas and addressed as 919 North 5th Street. Nature of Current Request The applicant, Jeff Gillam, has been working with Weis Fire and Safety Equipment, 111 E. Pacific, to develop plans for a possible business expansion at their N. 5th and Pacific location. The proposed expansion area includes two 40 ft. x 120 ft. lots on N. 5th Street previously owned by Everett Blosser, a vacant lot zoned C-6 and an R-2 zoned lot containing a single-family home. This is a request to rezone the R-2 zoned lot to C-6 so the lot can be cleared and incorporated into Weis's business site. The area from Pacific to the south boundary of Lot 12 is currently zoned C-6. The property across the alley to the west is also zoned C-6. If this request is approved it would extend commercial zoning 240 feet north of Pacific along 5th Street, a little over halfway to Harsh Avenue. Suitability of the Site for Development The subject site is a 40' x 120' platted lot on the west side of 5th Street that was the site of a single- family dwelling. This platted lot by itself does not meet the minimum C-6 standards for lot width or lot size, however, if this lot is rezoned it would merely be a portion of a larger C-6 district to the south along Pacific. The individual platted lots in this area are substandard in width for residential purposes as well and the site is not very suitable or desirable for continued residential use due to the surrounding zoning and uses. It is unlikely that the vacant R-2 lots in the vicinity would ever be developed residentially. Construction of a building addition and additional parking in this area will create additional redevelopment in an area where very little investment of any kind is occurring. Character of the Neighborhood The subject site is 1/2 block north of the commercial development fronting on Pacific. This residential lot is surrounded by commercial zoning and uses except on the north where there are houses facing 5th street. The neighborhood to the north of Harsh Avenue is primarily residential in character. The areas to the southwest and south of the site along Santa Fe and Pacific are developed commercially. Rezoning of the site would result in a minor encroachment of commercial CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/27/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEAN AN DREW AGENDA: PLANNING AND COMMUNITY ITEM DEVELOPMENT NO. 1 BY: BY: Page 2 zoning away from an arterial street on the west side of 5th Street. However, the east side of 5th from Pacific to Harsh is almost entirely zoned C-5. The subject site is adjacent to an established C-6 district and approval of this rezoning request would allow the redevelopment of residential property that would probably remain un utilized under residential zoning. Public Facilities and Services 1. Water - 6" lines in N. 5th Street and Pacific which provide adequate flows. 2. Sanitary Sewer - 12" line running down the alley behind the property which is of adequate capacity. 3. Storm Drainage - The subject property drains to the north into a 21" storm sewer running along Harsh Avenue and then east to another line in 4th Street. The property is not within a flood hazard area. Streets and Traffic N. 5th Street is classified as a residential street. There is an existing driveway entrance on 5th Street and no additional driveway openings are proposed. This small addition to the Weis Fire Equipment Site would not likely generate traffic on 5th Street above existing levels. Relationship to Comprehensive Plan 1. The future land use plan shows this area as being a transition area between residential and commercial. 2. The following development policies in the plan document may be relevant to the consideration of this application: C1 Existing commercial and office areas should be improved and upgraded as required. Overall access, parking and environmental improvements should be undertaken where necessary. The negative impact of commercial areas on other land-uses should be minimized. Selected existing commercial areas may undergo growth and expansion, as called for in the Land-Use Plan. C10 Commercial areas should not be allowed to adversely impact adjacent residential areas. Screening and buffering should be provided, including setbacks, earth berms and open CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/27/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEAN AN DREW AGENDA: PLANNING AND COMMUNITY ITEM DEVELOPMENT NO. 1 BY: BY: Page 3 space. Commercial operations, including traffic and parking, should not be allowed to affect neighborhood quality. Noise, safety, and overall maintenance of commercial properties should also be carefully controlled. Planning Commission Recommendation The Planning Commission conducted a public hearing on this rezoning application on September 7, 2004. Following presentation of the staff report, comments from the applicant and comments from interested citizens, the Commission voted 7-0 to recommend approval of a zoning change for this lot (Lot 12) from R-2 to C-6. The Planning Commission offered the following reasons in support of its recommendation: 1. Due to its location in between C-5 and C-6 zoned property this lot is not a highly desirable home site or residential building site. 2. The harmful effects of the removal of residential zoning restrictions from Lot 12 on the lot to the north can be reduced by buffering and screening. 3. Existing public utilities and streets are adequate to serve the proposed commercial expansion; and 4. This rezoning request is not inconsistent with the Comprehensive Plan which shows this area as a transition area between commercial and residential. 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 21, 2004 and no protest petition was filed. Second reading would be scheduled for October 11, 2004 if this zoning change 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. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/27/04 TIME 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR NO: 7 DEAN AN DREW AGENDA: PLANNING AND COMMUNITY ITEM DEVELOPMENT NO. 1 BY: BY: Page 4 Encl: Application Vicinity Map Site Plan Excerpt of PC Minutes 9/7/04 Ord. No. 04 - 10234 cc: Weis Fire & Safety Equipment Jeff Gillam J-G 04-2017 PUBLICA TION DATE No Later Than August 12, 2004 HEARING DATE September 792004 APPLICATION NO. 11204-20 DATE FILED August 6, 2004 FILING FEE ~27\0.00 RECEIPT NO. VICINITY MAP A TT ACHED KG OWNERSHIP CERTIFICATE RECEIVED KG (INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (REZONING) 1 , Jeff Gilla:n ApplIcant's Name: , ,- 2. 3, Applicant's Address 730 N. 9th Salina KS 67401 Telephone (Business): 785 827 0386 Owrer's Name: Weis Fire & Safety Equip:nent Zip Code: (Home): 4, 5. 111 E. Pacific Ave Salina KS 67401 Zip Code: Owner's Address 6. Legal description of property to be rezoned (attach additional sheets if necessary): Lot(s:¡ Lot 12 In Block No. 3 In EMI Addition 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): 7. 8. Approximate street address: 919 N. 5th' Street Area of property (sQ. h. and/or acres): 120' x 40' 4,800 SF Present zonìng: R2 Use: Residential 9. 10. Requested zoning: C6 Use: Co.11œrcia.LíJ2) Autarotive Parts @D Office EQuip & SuI22!L 1 1 . 12. Are there any covenants of record which prohibit the proposed development? (Attach copy): N/A list reasons for this request. (Attach additional sheets if necessary): Expanding existing business, adjacent property 13. SupplV factual data showinQ the effect the request will have on present and future traffic flow, schools, utilities, refuse collection, s'urrounding properties, erc: (Attach additional sheets if necessary) tbne ./ 14. Will there be sufficient off -street parking provided for the requested use? yes Explain: Ad:ìing approxi.-œ.tely 12 additional stalls. 15. List exhibits or plans submitted: -8t.tached aeria.¡ proto and sche:œ.tic site plan PROPERTY OWNER(S) SIGNA TUR E: See at.:t:acl1OO APPLICANT'S SIGNATURE: - :. , Sf.ill:ley l\1i.ller" 5AugO4 Jeff'rey S. Gillal1 5 Aug 04 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 Þ Inspection Pink Þ Applicant ( Rev. 8/ 84) 1 0 1 IPI 1=,aC::1= n() N()T nI=T,arJ..l\ .. , ' , R- c- HAMILTON AV I I HA C-5 WOODLAND A V 1 Inch = 200 Feet ~ w u. ~ Z « en c C-6 Application #Z04-20 Filed by Jeff Gillam C-5 -5 C6 C-5 R-2 .8 . . . .. . .. . . . ~.. . ..'" . 1'- . .... .. ~ 0 ..... . ~ ., . . . PROPERTY UNE .-.-.-.-.-.-.-. .-.- . co I ;" - ~ 'lit f I I .-.-.-.-.-. U) ~ I t;; ~ CD I ~ 8 .-.-.-.-.-. ~ ~ . I / .- ,/ r , " ~, I ,: W ,- z. / ::J " ~ I ,,/. a: .. / w - ~. ;/ Q. / '/1 /" ~--"- / \ r --- A r--, '/ I tj I : / I ¡ I / I 0 I ~ ~ z ~'~ I ~ I ~ ~ I 9 I V" , ~/' L - --l --- !~/ 1_- ..' I ...: . ~ Iff ~ ,-- ¡ ò ... I .-.-.-. . ~~~ I .-.-.-.-.-.-.-..1 PACIFIC AVENUE C. Street R/W- I 8 I .z ! =s 10- . ~ ~ ~ iñl 'w I~ .15 I~ . I I . I . I . I . I . I . I . I . I F Z W ~ It I- -- III :J III :1 0 . z W l- II. - II. ~ II U) C:Þ' W lL .a W ([ - - lL ( ) - - W Salina Planning Commission September 7, 2004 Page 1 8 Mr. Frick stated if at the time that they come in and they find that there is anything needed to access people in and out we will take care of it. Mr. Britton stated Dean I have a procedural question on this one. This is the first one since Big Nosed Kate's so I guess it is the second one correct? Mr. Andrew stated yes we had 6th Street Pub which turned in to Big Nose Kate's.' Mr. Britton asked ok and this will go to the City Commission irrespective of what our action is today will it not? Mr. Andrew stated no, you have the final decision making authority on a Conditional Use Permit. It is similar to a zoning case in terms of the protest option. Say you approve this and the owners of 20% of the property within 200 ft. want to protest your approval, which is essentially what happened in the case of the Hospice which was a Conditional Use Permit that was protested, that would go to the City Commission. If this were denied the applicant would have the right to appeal your denial to the City Commission. But in the case of Big Nose Kate's you approved that subject to conditions and that was the final action on that case, so absent a disgruntled applicant or protesting neighbors the action today would be final. Mr. Britton asked are there any other members of the public that wish to speak to this application? Hearing none I will bring it back to the Commission for discussion and possible action. Mrs. Yarnevich stated I think this is really difficult because we are getting so many bars downtown and we keep wanting to limit that type of activity down there and they just keep popping up and this one is the biggest and that concerns me, but we don't have any neighbors in the neighborhood that have objected. I think it is difficult. ' MOTION: Mr. Ramage moved that Application #CU04-7 be approved subject to the conditions set out in the staff report on pages 7 and 8 of the staff report. SECOND: Mr. Hedges seconded the motion. VOTE: Motion carried 4-3 (Britton, Funk and Krug). Chairman Britton called for a five minute recess before the next item. ~/ #5 Application #204-20, filed by Jeff Gillam on behalf of Weis Fire and Safety Equipment, requesting a change in zoning district classification from R-2 (Multi- Family Residential) District to C-6 (Heavy Commercial) District on property legally described as Lot 12, Block 3 of the EMI Addition to the City of Salina, Saline County, Kansas and addressed as 919 North 5th Street. 'Mr. Andrew gave the staff report which is contained in the case file. Mr. Britton asked that given the nature of the area and the fact that a zoning and land use study will be done in this area in the near future, would staff find that this is the type of rezoning that we are expecting to encourage. Shawn is not here today to ask about traffic. Mr. Andrew stated I think that this is the type of thing that we are expecting to encou rage at other locations along Pacific. This is a reinvestment. The property is in the heart of a neighborhood revitalization area where owners making improvements to their property can get a property tax rebate. We would be talking about retaining one existing driveway along Pacific. No additional driveways would be added on Fifth Street. This would not be inconsistent with what we'd expect this area to develop as in the future. The Planning Commission does have the option of directing the applicant to amend the Salina Planning Commission September 7, 2004 Page 19 MOTION: SECOND: VOTE: #6 application to a Planned C-6 if you would like to make the site plan binding or to restrict the uses that could be placed on the site. Jeff Gillam, Jones-Gillam Architects, 730 N. 9th, stated that we would agree with the staff report you just heard. If you note the properties that surround this request area, they consist of C-6 commercial uses to the south and to the west. You have a warehouse directly west of this area. It is probably unlikely that you would see new residential development on the part of this block because of this mix of uses here. The addition to the Weis building would maintain the same setback as the existing building there. You would utilize a vacant lot and a residential lot where a home is in poor condition. Mrs. Yarnevich asked is the house still there on 919 N. 5th. Mr. Funk stated that it is being torn down now. Mr. Britton asked is there anyone of the public who would wish to comment? Clifford Jones, 929 N. 5th Street, stated that I own the property to the north of this lot and I would have no objection to the Weis company using the house on the lot south of me to expand their business. Until recently the vacant lot there was used to store a lot of junk vehicles. Mrs. Yarnevich moved to recommend approval to the City Commission of a zoning classification change on Application #204-20 from R-2 to C-6 to allow the expansion of the We is Fire site for the reasons staff has provided in support of this recommendation on page 4 of the staff report. Mr. Funk seconded the motion. Motion carried 7-0. Application #CU04-10, filed by Douglas Crouse, requesting a Conditional Use Permit to operate an auto body repair business in a C-5 (Service Commercial) District. The subject property is legally described as Lots 1-4 and the West 32.5 feet of Lot 5 and Lots 15-18 and the West 32.5 feet of Lot 14 less the expanded Crawford Street right of way, Block 9 in the Garden Home Addition to the City of Salina, Saline County, Kansas. The site is the former location of Marshall Motors and is addressed as 801 East Crawford Street. " Mr. Andrew gave the staff report which is contained in the case file. Mr. Britton asked are there any questions of staff? Mrs. Yarnevich asked this is zoned C-5? Mr. Andrew stated this is zoned C-5 yes. The rationale, it kind of gets back to your previous discussion where we had the cabinetmaking and those things are purely industrial uses. Back in 1991, the Planning Commission and City Commission thought that auto body shops, auto repair should be reviewed on a case by case, location by location basis because not all C-5 locations are created equally so there should be some review on outdoor storage and how they would operate and how close they were to residential, those types of things, so the making this conditional gives the Commission the authority to consider each case and each location individually and that is what we have tried to do here. Mr. Britton asked would the applicant or their representative like to comment? Douglas Crouse, 124 S. 11 tho I would just like to share with the. Commission that the use of the building will continue as it was before. It will just be a body shop, nothing will actually change. I know the concern with disabled vehicles of the Commission and of the property owner Tim Sankey and Tim and I have an agreement that disabled vehicles will not be left outside in public view for more