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