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01-09-2023 Full Packet
SALINA CITY COMMISSION SPECIAL MEETING AGENDA CITY -COUNTY BUILDING, 300 W. ASH, ROOM 107 SALINA, KANSAS JANUARY 6, 2023 8:00 A.M. 1. CALL TO ORDER a. Mayor request staff confirmation that the Kansas Open Meeting Act required notice has been properly provided. b. Roll call. 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 3. EXECUTIVE SESSION (3.1) Request for Executive Session - Personnel (3.1a) I move the city commission recess into executive session for minutes to discuss the City Manager's evaluation based upon the need to discuss personnel matters of non -elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at p.m. (3.1b) Possible action to follow. 4. OTHER BUSINESS S. ADJOURNMENT Cityof CITY COMMISSION AGENDA J GENERAL ORDER OF BUSINESS AND PUBLIC PARTICIPATION POLICY Shcl�ld 1. CALL TO ORDER/ROLL CALL 6. CONSENT AGENDA 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 7. ADMINISTRATION 3. AWARDS — PROCLAMATIONS 8. DEVELOPMENT BUSINESS 4. CITIZEN FORUM 9. OTHER BUSINESS 5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 10. ADJOURNMENT Study Sessions and City Commission meetings will take place in—person at the City/County Building in Room 107 and via Zoom until further notice. Meetings can be viewed at the City of Salina YouTube channel, https://www.Voutube.com/citVofSaIinaKansas. To participate via Zoom, citizens will need to use the following link: https://us02web.zoom.us/m/89275984587 The meeting can also be accessed by phone at 1-346-248-7799. Enter Meeting ID: 892 7598 4587 when prompted. If citizens wish to speak, either during the public forum or when the Mayor requests public comment on an item, citizens attending via Zoom must raise their hand so that the meeting host can allow them to speak. Those who attend the in-person meeting will have the opportunity to speak at the podium. Citizens can also send written comments or questions to City Commissioners via email at citycommission@salina.org. In order for the commissioners to have an opportunity to review comments in advance of the meeting, please email your comments or questions by 5:00 p.m. the Sunday prior to the Monday meetings. Introduction Under the Kansas Open Meetings Act (KOMA), the public has the right to observe the meetings of the Salina City Commission, unless the City Commission has recessed into a lawfully conducted executive session. The KOMA does not require the opportunity for public comment — that opportunity is provided at the discretion of the City Commission, except as required by State law or City ordinance in certain specific circumstances. This policy outlines the various circumstances under which the City Commission meets and elaborates on the City Commission's Rules of Procedure by addressing the rules regarding the time, place, and manner of public participation in the City Commission meetings from the standpoint of the participating member of the public. This policy is intended to strike a lawful balance between First Amendment protections and the substantial public interests of (1) assuring that meetings of the City Commission can occur in an efficient, orderly, and safe manner and (2) promoting productive public discourse regarding the governance and administration of the City while maintaining decorum in an environment free from interference, distraction, or intimidation, whether real or perceived, by any person present in the meeting room toward Commissioners or members of the public. Submission of Written Information Written information may be submitted to the City Clerk prior to a City Commission meeting for distribution to Commissioners and key staff members or may be presented during the meeting upon recognition by the Mayor as a speaker in the manner described below. Ten (10) copies should be provided to insure that all applicable parties are able to receive and review the information provided. Citizen Forum Citizen Forum provides an opportunity for Salina citizens to address the City Commission on a topic which is not on the meeting agenda. After the Mayor announces Citizen Forum, any citizen wishing to address the City Commission should, in turn, approach the podium to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the City Commission for no longer than the allowed time period which is typically three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the Citizen Forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information to Commissioners, the City Manager, and the City Clerk. The City Commission is not expected to take immediate action in response to the presentation. At the discretion of the City Commission, subjects introduced under Citizen Forum may be referred to City staff for follow-up or may become an agenda item for a future meeting. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners' consideration at their discretion. Consent Agenda The Consent Agenda assembles routine action items for collective approval in the interest of efficiency of the meeting. Any item may be removed from the Consent Agenda for separate consideration either (a) at the request of a Commissioner or City staff, or (b) by majority vote of the City Commission upon request by a Salina resident directed to City staff or a Commissioner either prior to the start of the meeting or during Citizen Forum without discussion. Public Hearings and Regular Agenda Items Following introduction of any public hearing or regular agenda item, consideration of the item will ordinarily begin with a staff report followed by Commissioners' questions of staff. If the matter involves an applicant, the applicant or the applicant's representative will be given the opportunity to address the City Commission. In the case of a public hearing, the public hearing shall be conducted in the manner required by State law or Salina ordinance and any person entitled to address the City Commission shall be provided that opportunity, regardless of his or her viewpoint on the matter, subject to the allowed time period. In the case of a regular agenda item, subject to the discretion of the City Commission, any interested persons wishing to address the City Commission regarding the subject of the agenda item, regardless of his or her viewpoint on the matter, may be given the opportunity do so, subject to the allowed time period. In the case of either a public hearing or regular agenda item, those allowed to address the City Commission may do so by, in turn, approaching the podium to be recognized by the mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the agenda item for no longer than the allowed time period which is typically three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the public hearing or regular agenda item. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the agenda item to City Commissioners, the City Manager, and the City Clerk. The speaker should avoid repeating what has already been said and should feel free to simply state whether he or she is or is not in support of the matter being discussed. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners' consideration at their discretion. Executive Session The Kansas Open Meetings Act allows the City Commission to recess into an executive session based upon certain justifications outlined in the act. The City Commission may recess into executive session based upon a motion that includes (1) a statement describing the subjects to be discussed during the executive session, (2) the statutory justification for the executive session, and (3) the time and place at which the open meeting shall resume. Executive sessions are closed to the public, however, when conducting an executive session, the City Commission will recess to another location so that members of the public attending the open meeting will be allowed to remain in the meeting room. Study Session The City Commission may meet in study session on topics determined by the City Manager or the City Commission on a specific date and time. As the name suggests, the study session is intended to provide a less formal opportunity for the City Commission to study, discuss, and provide direction to City staff regarding the subject under study. Study sessions are open to the public, however, the extent of public participation is subject to the discretion of the City Commission based upon available time during the study session and the need for public input in order to accomplish the objectives of the City Commission in studying the subject of the study session. Special Limited Public Forum A special limited public forum may be called by the City Commission for the purposes of (a) conducting public discussion and (b) seeking public comment and/or the submission of written information regarding a particular subject matter. A special limited public forum may be convened in the City Commission's regular meeting room or at an alternative, publicly accessible site suitable for the anticipated number of participants in the forum. At the appointed time on the agenda, any persons wishing to address the City Commission regarding the subject of the special limited public forum, regardless of their viewpoint on the matter, may do so by, in turn, approaching the podium or microphone to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the special limited public forum for no longer than the allowed time period determined and announced by the mayor based upon the number of persons expected to speak during the forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the special limited public forum to City Commissioners, the City Manager, and the City Clerk. Forms of Communication or Expression Not Allowed in the Meeting Room To assure fulfillment of the substantial public interests outlined above, no member of the public attending the City Commission meeting shall in the meeting room engage in the following forms of communication or expression found by the City Commission to be in conflict with the substantial public interests outlined above and, therefore, not allowed in the meeting room (the "disallowed conduct'): Before, during, or after the meeting: (1) Possessing, placing, or displaying a sign, placard, flag, or banner, regardless of its size, the material of which it is made, or its written, graphic, or symbolic content; During the meeting: (2) Audibly speaking, or making any sound or noise other than while speaking as a speaker recognized by the mayor; (3) Applauding, whistling, cheering, clapping or otherwise expressing agreement with a speaker recognized by the mayor; (4) Booing, jeering, taunting, ridiculing, mocking or otherwise expressing disagreement with a speaker recognized by the mayor; (5) Inaudibly mouthing or gesturing messages deemed to be distracting to other persons in the meeting room; (6) Making available or distributing written materials to those in attendance. Persons attending a City Commission meeting must turn off or set on vibrate all cellular telephones. Any person exhibiting any form of the disallowed conduct will first be warned by the Mayor to cease. If the person continues the disallowed conduct, the Mayor may ask the person to leave the meeting room. If the person does not promptly leave the meeting room, the Mayor may direct that the person be escorted from the meeting room. Agenda Information Copies of the agenda are available in the Office of the City Clerk on Thursday afternoon preceding the regular meetings. Items for the agenda should be submitted to this office prior to noon the Wednesday preceding a regularly scheduled Monday meeting. Information regarding the agenda may be obtained from Room 206 in the City -County Building, located at 300 W. Ash, Salina, KS or visiting our website at www.salina-ks.gov. "CITIZEN PARTICIPATION IS THE CORNERSTONE OF DEMOCRACY" COMMISSION INFORMATION MEMORANDUM ADMINISTRATIVE BRIEF — 3rd Quarter 2022 JEFF HAMMOND DIRECTOR OF PARKS & RECREATION Athletics & Fieldhouse Outdoor Activities: January 9, 2023 • Recreational soccer league continued to grow with the highest summer & fall numbers to date: o Hosted league with 27 youth 3v3 teams and 8 High School/Adult 7v7 summer teams. o Hosted 17 teams for fall league which shows significant progress from previous fall seasons. • We had 74 youth baseball and softball league teams finish out their season with many practices and tournaments in the fall. Kansas Wesleyan is the primary user during this timeframe utilizing Bill Burke & Dean Evans. • Adult Slow Pitch Softball was offered for the first time since the summer of 2019. There were 19 teams that participated in the fall program period. Moving forward, this program will only be offered in the fall due to the shortage of officials. • A post summer report completed by staff shows 27% of umpire slots were left unfilled this 2022 summer season. Outdoor Tournaments: Organizations hosted typical tournaments towards the end of the season: • Baseball Enterprises hosted the 32nd Annual Grand Slam with 19 teams and 15 of those teams from out of town. • Hap Dumont held the NBC 9U State Tournament at Bill Burke with 21 teams and 19 of those teams from out of town. • Unfortunately, USA Softball canceled 2 tournaments in July due to not enough teams. The feedback received indicates that the cancellations were due to other competing organizations hosting other fast pitch softball tournaments in surrounding communities that have turf. However, they did host two tournaments named "Fun Fall Finale Before Turf" held at Bill Burke Park to end the outdoor season. Participation was decent with 72 teams total with 53 teams being from out of town. • Mid America Baseball organization was added to the mix at Dean Evans Stadium/Matson fields with 3 showcase tournaments. They are a showcase organization from the east reaching out to the Midwest producing a high level of high school play, out-of-town teams and averaging 20 teams per tournament. Fieldhouse Activities: • Summer Camp averaged 60+ campers per week experiencing an assortment of games and activities including sports, swimming, music, arts/crafts, movies and library. The Child Care Aware Grant immensely helped subsidize staffing wages, equipment and expenses needed to run the program. USD 305 provided lunch throughout most of the program. There is the possibility of smaller grant funding available for the first half of 2023. • The 35 team middle school basketball league finished out their season utilizing both the Fieldhouse and Lakewood Middle School. • Adult Volleyball league experienced 13 summer teams with 24 fall teams. This program continues to be steady, playing year around for all four seasons. • Due to construction at South High School, The`'-`'' Yard and Knights of Columbus teamed up to provide K -1St grade coach pitch games inside—x--' the Fieldhouse. Tight quarters for players and spectators, but they enjoying the conditioned space and not getting rained out.., , �w t • The World Class Basketball Club continues to growth by utilizing the Fieldhouse weekly.', • The youth volleyball league has exploded with 23 fall teams. This is a significant increase 4— --- - - - — from last year's 13 teams. • The youth NFL flag football league increased from four to eight teams. This program could be even higher, but teams are capped due to shortage of officials. • Along with youth volleyball and youth flag football teams filling a lot of space, the facility continues to be used for baseball, softball and soccer practices year around on the turf. • Smoky Valley Home Educators has considered the Fieldhouse their home with hosting most of their volleyball and basketball games in the facility while utilizing the concessions space. • Drop-in numbers continue to rise mainly for pickleball, volleyball and different daytime turf activities. Fieldhouse Tournaments/Special Events: Tournaments take a break during this time of year being replaced with special events: • Sharp Performance hosted 300+ athletes for their Football Camp with mainly K -State and KU football players as instructors. • Fast Pitch Masters continues to host a few clinics throughout the year with 40+ athletes striving to get better and recruited. The Kansas Wrestling Officials & Coaches Associations joined forces for the 1St time since the 1970's hosting a clinic before kicking off the upcoming winter season. XWE Wrestling schedules several events on open weekends throughout the year averaging 250 spectators each event. This is just an example of a different type of event the multi -use space can grasp a different clientele of the community. N Administrative: • Nemaha Sports Construction out of Lincoln, NE was the company selected to install turf on all eight infields. Construction is underway and will continue throughout the winter with City staff tackling the concessions, umpire changing area and bathroom portions of the project. • The Tennis Complex project experienced some weather delays, but construction was steady. Punch list items were identified by staff and substantial completion has been reached. • Ponton Construction addressed punch list items (mainly bathrooms and umpire changing area) to complete the Dean Evans project. • An open Ballfield Park Technician position was filled in the fall. With one staff member moving on, the Recreation Leader & Recreation Supervisor positions have been advertised and are seeking applicants. Kenwood Cove We ended the 2022 season on August 14th with 1,194 patrons visiting the park on that day. • 2022 Season Statistics: o Total 2022 Season Revenue was $417,851.72 0 1,313 Memberships sold. Passes were scanned 16,175 times during the season. 0 52,393 day passes sold 0 424 Swim Lesson participants 0 140 Cabana Rentals 0 61 Birthday Parties 0 7,002 Aquatic Program day passes sold (Water Walking, Lap Swim, Toddler Time) After the last public swim day, we hosted the Annual Pooch Plunge on Monday August 15th We had 182 dogs come enjoy swimming along with their human companions. Replaced sand in two of the sand filtration systems, resurfaced the existing diving board and winterized the facility as well as the three spray pads around the city. Parks and Forestry Highlights • Made preparations for the Smoky Hill River Festival. Staff members were present throughout the festival and helped with clean up and tear down after it was over. • Evergy was contacted about a dangerous light pole in Kenwood Park that had broken off at the base. • Met with a family at Sunset Park concerning the donation and placement of a memorial bench. • Staff helped with the set up and clean up for the KKOA Car Show at Oakdale Park and Drag races at Berkley Family Recreational Area. • Parks Superintendent retired on August 1, 2022. • Internal promotion of staff to Park Operations Manager. • Despite not having two forestry positions filled, Parks staff have been filling in to get as much done as possible. • Staff has been busy with keeping up on edging, string trimming, and cleaning restrooms and shelters. • Staff removed sun shades from Kenwood Cove Aquatic Center at the end of their open season. • Staff has assisted KDHE with their water sampling at Jerry Ivey pond on a couple of occasions. • Parts to repair and revamp the chimes at the Oakdale sound garden arrived. Three of the chimes were replaced so far and more will be completed in the future. • Staff trimmed 12 right-of-way trees, trimmed non right-of-way trees in 3 locations, removed 18 trees, and inspected trees in 3 locations. 3 • Trees have been removed by contractor at Jerry Ivey Memorial Park, Gypsum Hill Cemetery, and Sunset Park. Cemetery Highlights • There were 30 burials for the months of July, August, and September. Sold 6 niches, 13 spaces, and 31 marker permits during these months. • Staff finished the Charles Hyde Memorial Shelter that was damaged by the wind storm in December of 2021. • The last 4 gravel roads were upgraded to asphalt. • Staff purchased a new kiosk to replace the current cemetery inventory computer kiosk that is over 10 years old. • 3 Memorial Walls were set by the Cemetery staff. Families will be able to have their loved one's name etched on these walls and give them a place to visit in cases where remains were spread. Lakewood Highlights • Lakewood Discovery Center completed 42 different programs during the months of July, August, and September. There were approximately 506 participants. • Lakewood Discovery Center hosted 197 walk-in visitors. • Staff partnered with the Saline County Sherriff's Department to host Dare Adventure Day. • Prairie work was completed at Lakewood and Indian Rock parks. • Staff assisted the State of Kansas Fisheries Biologist in stocking catfish throughout the summer months. • Lakewood staff hosted 75 Junior High students for a volunteer environmental and garden work day. • Lakewood hosted 2 volunteer groups with 68 participants. • Presented for the Retired Teachers Association about Lakewood and community involvement. M Salina Municipal Golf Course • This past 3 month period of July, August and September have been below average for golf rounds in our region. Rounds are down 3.6% over last year at this time. • These 3 months for the reporting period have been very dry and have been classified as "severe drought conditions" per the drought.gov website. • That being said, our greens have been in very good condition throughout this time. • Driving range net was installed the week of July 18th and was ready for use by July 25tH • Staff treated for fungus on the fairways during the summer months and over -seeded in August. • Tournament play continues to be strong. • Girls 6A State Golf Championship was held Oct. 17-18 • First Tee classes were well attended during this quarter. We ended our summer program in July, just before the Senior LPGA Championship at Salina Country Club. Our First Tee coaches helped by caddying and serving as standard bearers and support staff. Fall programming will began Sept. 19th. • A new Executive Director for our First Tee chapter was named. f:, Animal Services • There was 32 cats adopted from a $10 cat special in July. • The Animal Shelter promoted the Clear the Shelter Event held throughout the month of August where all adoption fees are discounted. There were 58 cats and 36 dogs found new homes during this event. Staff gave away a $50.00 gift card to a cat adopter and dog adopter respectively who adopted during the Clear the Shelter event held in August. • There were 34 cats and 22 dogs adopted for a total of 56 in the month of September. • There were 3 replacement Animal Control Officers hired during the months of July, August, and September. • Staff cleared the small animal room of cages and overflow equipment and the room is now ready for painting. Facilities Maintenance Division Building Maintenance • Maintenance staff removed trash, tools, and supplies from Street Vehicle Barn Shed in preparation of its demolition. • Maintenance staff accompanied Tox-eol Pest Control though out the city's facilities for quarterly pest control services. 5 • Maintenance staff prepped and painted the exterior of the Soccer Complex concession building. • Maintenance staff accompanied R&L Fire & Security throughout the city's facilities at they performed fire alarm inspections. • Maintenance staff accompanied Schneider Electric's electrical engineers throughout the city's facilities in preparation for a City wide buildings and facilities energy audit. • Maintenance met Foley Cat to service the standby generator at the Animal Shelter. • Prepared the site and removed boiler equipment in preparation for new boiler installation at the Police Department. • Purchased and installed new tile and grout at Lakewood Discovery Center. • Framed the walls to enclose part of the existing rear porch overhang at Lakewood Discovery Center to create an additional storage space. • Installed new heating system at the Tennis Complex (The Midway) bathrooms. • Maintenance staff tore -off and replaced shingles on a storage shed at Fire Station #3. • Installed an art mural at the Smoky Hill Museum. Completed Work Orders & Preventative Maintenance July 95 August 100 September 54 Custodial • Responsible for the cleaning and sanitization of 14 facilities, totaling over 183,415 sq. ft. • Continued to clean and sanitize the city occupied facilities. • Hired one replacement part-time custodian. • Advertised and interviewed applicants for vacant custodial positions that were open. Construction • Refurbished the former pool concessions bathrooms (The Midway Bathrooms) next to the new Tennis Complex. • Start remodel of concession and bathroom space at Bill Burke. 6 City of SALINA CITY COMMISSION REGULAR MEETING AGENDA CITY -COUNTY BUILDING, 300 W. ASH, ROOM 107 ti SALINA, KANSAS JANUARY 9, 2023 Salina 4:00 P.M. 1. CALL TO ORDER a. Mayor request staff confirmation that Kansas Open Meeting Act required notice has been properly provided. b. Roll call. 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 3. AWARDS AND PROCLAMATIONS (3.1) Recognition of January 16, 2023 as Dr. Martin Luther King, Jr. Commemoration Day in the city of Salina. Reverend Martha Murchison, retired, will read the proclamation. 4. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 5. CONSENT AGENDA (5.1) Approve the minutes of December 19, 2022. (5.2) Approve Resolution 23-8105, a resolution to receive and accept the 2023 Salina Land Bank Conveyance Report. 6. ADMINISTRATION (6.1) Approve Resolution No. 23-8102, dissolving the Police Chief's Excellence Fund Advisory Board; concurring with the assumption of the duties of the board by the newly established Police Excellence Foundation of Salina, the transfer of all contributions on account with the Greater Salina Community Foundation (GSCF) to the newly established foundation, and termination of the GSCF account; reiterating the policy of the city regarding approval by the city of expenditures of contributions for tangible assets to be owned by the city; and repealing resolution number 16-7409. 7. DEVELOPMENT BUSINESS (7.1) Approve Ordinance 23-11142, on first reading, for an application filed by Kansas Wesleyan University, requesting a change in zoning district classifications from R-2 (Multiple — Family Residential) district to PDD (R-2) (Multiple — Family Residential) district and approve a preliminary/final development plan for Phase I and Phase IA of the proposed Coyote Row (tiny home student housing village, the property being located at the southwest corner of Highland Avenue and Claflin Avenue). (7.2) Consider acceptance of the offered street right-of-way, easement, and restricted access dedications from Stone Lake Development, LLC (Kelly Dunn, Craig Piercy, and Tod Roberg) to serve Stone Lake Addition No. 2, a proposed 48 lot subdivision of a 52.3 acre tract of land located east and south of the Stone Lake sandpit lake (located at the southeast corner of South Ohio Street and Schilling Road). (7.3) Consider acceptance of the offered street right-of-way, easement, and restricted access dedications to serve Magnolia Hills Estates Addition No. 3, a proposed 112 lot subdivision of a 46.84 acre tract of land located on the west side of Holmes Road, north of Magnolia Road. 8. OTHER BUSINESS 9. CITIZEN FORUM 10. MAYORAL REMARKS (10.1) Comments from Mayor Davis at the end of his mayoral term. 11. RECESS INTO ORGANIZATIONAL MEETING (11.1) Consideration of a motion to recess the regular meeting for the purpose of conducting an organizational meeting. 12. ORGANIZATIONAL MEETING (CITY CLERK PRESIDING) (12.1) Organizational meeting is called to order and roll call taken. (12.2) Nomination for Mayor and Chairman of the Board of Commissioners. (12.3) Nominations for Acting Mayor and Vice Chairman of the Board of Commissioners. (12.4) City Clerk turns the gavel over to the new mayor. (12.5) Mayor Presents a "Plaque of Appreciation" and gavel to Trent W. Davis, M.D. for his term as Mayor. (12.6) New Mayor comments. (12.7) Consideration of a motion to adjourn the organizational meeting and resume the regular meeting. 13. ADJOURNMENT Cityof CITY COMMISSION AGENDA J GENERAL ORDER OF BUSINESS AND Sd�lrld PUBLIC PARTICIPATION POLICY 1. CALL TO ORDER/ROLL CALL 6. CONSENT AGENDA 2. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE 7. ADMINISTRATION 3. AWARDS - PROCLAMATIONS 8. DEVELOPMENT BUSINESS 4. CITIZEN FORUM 9. OTHER BUSINESS 5. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME 10. ADJOURNMENT Study Sessions and City Commission meetings will take place in—person at the City/County Building in Room 107 and via Zoom until further notice. Meetings can be viewed at the City of Salina YouTube channel, https://www.youtube.com/citVofSaiinaKansas. To participate via Zoom, citizens will need to use the following link: https://us02web.zoom.us/m/89275984587 The meeting can also be accessed by phone at 1-346-248-7799. Enter Meeting ID: 892 7598 4587 when prompted. If citizens wish to speak, either during the public forum or when the Mayor requests public comment on an item, citizens attending via Zoom must raise their hand so that the meeting host can allow them to speak. Those who attend the in-person meeting will have the opportunity to speak at the podium. Citizens can also send written comments or questions to City Commissioners via email at citycommission@salina.org. In order for the commissioners to have an opportunity to review comments in advance of the meeting, please email your comments or questions by 5:00 p.m. the Sunday prior to the Monday meetings. Introduction Under the Kansas Open Meetings Act (KOMA), the public has the right to observe the meetings of the Salina City Commission, unless the City Commission has recessed into a lawfully conducted executive session. The KOMA does not require the opportunity for public comment — that opportunity is provided at the discretion of the City Commission, except as required by State law or City ordinance in certain specific circumstances. This policy outlines the various circumstances under which the City Commission meets and elaborates on the City Commission's Rules of Procedure by addressing the rules regarding the time, place, and manner of public participation in the City Commission meetings from the standpoint of the participating member of the public. This policy is intended to strike a lawful balance between First Amendment protections and the substantial public interests of (1) assuring that meetings of the City Commission can occur in an efficient, orderly, and safe manner and (2) promoting productive public discourse regarding the governance and administration of the City while maintaining decorum in an environment free from interference, distraction, or intimidation, whether real or perceived, by any person present in the meeting room toward Commissioners or members of the public. Submission of Written Information Written information may be submitted to the City Clerk prior to a City Commission meeting for distribution to Commissioners and key staff members or may be presented during the meeting upon recognition by the Mayor as a speaker in the manner described below. Ten (10) copies should be provided to insure that all applicable parties are able to receive and review the information provided. Citizen Forum Citizen Forum provides an opportunity for Salina citizens to address the City Commission on a topic which is not on the meeting agenda. After the Mayor announces Citizen Forum, any citizen wishing to address the City Commission should, in turn, approach the podium to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the City Commission for no longer than the allowed time period which is typically three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the Citizen Forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information to Commissioners, the City Manager, and the City Clerk. The City Commission is not expected to take immediate action in response to the presentation. At the discretion of the City Commission, subjects introduced under Citizen Forum may be referred to City staff for follow-up or may become an agenda item for a future meeting. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners' consideration at their discretion. Consent Agenda The Consent Agenda assembles routine action items for collective approval in the interest of efficiency of the meeting. Any item may be removed from the Consent Agenda for separate consideration either (a) at the request of a Commissioner or City staff, or (b) by majority vote of the City Commission upon request by a Salina resident directed to City staff or a Commissioner either prior to the start of the meeting or during Citizen Forum without discussion. Public Hearings and Regular Agenda Items Following introduction of any public hearing or regular agenda item, consideration of the item will ordinarily begin with a staff report followed by Commissioners' questions of staff. If the matter involves an applicant, the applicant or the applicant's representative will be given the opportunity to address the City Commission. In the case of a public hearing, the public hearing shall be conducted in the manner required by State law or Salina ordinance and any person entitled to address the City Commission shall be provided that opportunity, regardless of his or her viewpoint on the matter, subject to the allowed time period. In the case of a regular agenda item, subject to the discretion of the City Commission, any interested persons wishing to address the City Commission regarding the subject of the agenda item, regardless of his or her viewpoint on the matter, may be given the opportunity do so, subject to the allowed time period. In the case of either a public hearing or regular agenda item, those allowed to address the City Commission may do so by, in turn, approaching the podium to be recognized by the mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the agenda item for no longer than the allowed time period which is typically three (3) minutes but may be altered and announced by the Mayor based upon the number of persons expected to speak during the public hearing or regular agenda item. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the agenda item to City Commissioners, the City Manager, and the City Clerk. The speaker should avoid repeating what has already been said and should feel free to simply state whether he or she is or is not in support of the matter being discussed. A speaker should not expect to engage in two-way dialogue with the City Commission. A speaker should provide his or her comments for commissioners' consideration at their discretion. Executive Session The Kansas Open Meetings Act allows the City Commission to recess into an executive session based upon certain justifications outlined in the act. The City Commission may recess into executive session based upon a motion that includes (1) a statement describing the subjects to be discussed during the executive session, (2) the statutory justification for the executive session, and (3) the time and place at which the open meeting shall resume. Executive sessions are closed to the public, however, when conducting an executive session, the City Commission will recess to another location so that members of the public attending the open meeting will be allowed to remain in the meeting room. Study Session The City Commission may meet in study session on topics determined by the City Manager or the City Commission on a specific date and time. As the name suggests, the study session is intended to provide a less formal opportunity for the City Commission to study, discuss, and provide direction to City staff regarding the subject under study. Study sessions are open to the public, however, the extent of public participation is subject to the discretion of the City Commission based upon available time during the study session and the need for public input in order to accomplish the objectives of the City Commission in studying the subject of the study session. Special Limited Public Forum A special limited public forum may be called by the City Commission for the purposes of (a) conducting public discussion and (b) seeking public comment and/or the submission of written information regarding a particular subject matter. A special limited public forum may be convened in the City Commission's regular meeting room or at an alternative, publicly accessible site suitable for the anticipated number of participants in the forum. At the appointed time on the agenda, any persons wishing to address the City Commission regarding the subject of the special limited public forum, regardless of their viewpoint on the matter, may do so by, in turn, approaching the podium or microphone to be recognized by the Mayor. Upon recognition by the Mayor, the speaker must indicate his or her name and city of residence and may address the subject of the special limited public forum for no longer than the allowed time period determined and announced by the mayor based upon the number of persons expected to speak during the forum. While addressing the City Commission, the speaker may request permission from the Mayor to distribute any written information regarding the subject of the special limited public forum to City Commissioners, the City Manager, and the City Clerk. Forms of Communication or Expression Not Allowed in the Meeting Room To assure fulfillment of the substantial public interests outlined above, no member of the public attending the City Commission meeting shall in the meeting room engage in the following forms of communication or expression found by the City Commission to be in conflict with the substantial public interests outlined above and, therefore, not allowed in the meeting room (the "disallowed conduct'): Before, during, or after the meeting: (1) Possessing, placing, or displaying a sign, placard, flag, or banner, regardless of its size, the material of which it is made, or its written, graphic, or symbolic content; During the meeting: (2) Audibly speaking, or making any sound or noise other than while speaking as a speaker recognized by the mayor; (3) Applauding, whistling, cheering, clapping or otherwise expressing agreement with a speaker recognized by the mayor; (4) Booing, jeering, taunting, ridiculing, mocking or otherwise expressing disagreement with a speaker recognized by the mayor; (5) Inaudibly mouthing or gesturing messages deemed to be distracting to other persons in the meeting room; (6) Making available or distributing written materials to those in attendance. Persons attending a City Commission meeting must turn off or set on vibrate all cellular telephones. Any person exhibiting any form of the disallowed conduct will first be warned by the Mayor to cease. If the person continues the disallowed conduct, the Mayor may ask the person to leave the meeting room. If the person does not promptly leave the meeting room, the Mayor may direct that the person be escorted from the meeting room. Agenda Information Copies of the agenda are available in the Office of the City Clerk on Thursday afternoon preceding the regular meetings. Items for the agenda should be submitted to this office prior to noon the Wednesday preceding a regularly scheduled Monday meeting. Information regarding the agenda may be obtained from Room 206 in the City -County Building, located at 300 W. Ash, Salina, KS or visiting our website at www.salina-ks.gov. "CITIZEN PARTICIPATION IS THE CORNERSTONE OF DEMOCRACY" ORGANIZATIONAL MEETING ORGANIZATIONAL MEETING (CITY CLERK PRESIDING) (12.1) Organizational meeting is called to order and roll call taken. Clerk: I will now call the organizational meeting of January 9, 2023 to order and proceed with roll call. -Commissioner Davis -Commissioner Hoppock -Commissioner Lenkiewicz -Commissioner Longbine -Commissioner Ryan (12.2) Nominations for Mayor and Chairman of the Board of Commissioners. Clerk: Nominations are now in order for the office of Mayor and Chairman of the Board of Commissioners. Commission: I move to nominate Commissioner Hoppock as Mayor and Chairman of the Board of Commissioners. Clerk: Are there any further nominations? Seeing none, the nominations for Mayor and Chairman of the Board of Commissioners are closed. Is there any discussion? Clerk: We will now take a roll call vote on the nomination of Commissioner Hoppock to be elected Mayor and Chairman of the Board of Commissioners. -Commissioner Davis -Commissioner Hoppock -Commissioner Lenkiewicz -Commissioner Longbine -Commissioner Ryan Clerk: Commissioner Hoppock has been elected. That concludes the election process for Mayor and Chairman of the Board of Commissioners. (12.3) Nominations for Acting Mayor and Vice Chairman of the Board of Commissioners. Clerk: Nominations are now in order for the office of Acting Mayor and Vice Chairman of the Board of Commissioners. Commission: I move to nominate Commissioner Longbine as Acting Mayor and Vice Chairman of the Board of Commissioners. Clerk: Are there any further nominations? Seeing none, the nominations for Acting Mayor and Vice Chairman of the Board of Commissioners are closed Is there any discussion? Clerk: We will now take a roll call vote on the nomination of Commissioner Longbine to be elected Acting Mayor and Vice Chairman of the Board of Commissioners. -Commissioner Davis -Commissioner Hoppock -Commissioner Lenkiewicz -Commissioner Longbine -Commissioner Ryan Clerk: Commissioner Longbine has been elected. That concludes the election process for Mayor and Chairman of the Board of Commissioners. (12.4) City Clerk turns the gavel over to the new mayor. Clerk: I will now turn the meeting over to the new Mayor. (12.5) Mayor Presents a "Plaque of Appreciation" and gavel to Trent W. Davis, M.D. for his term as Mayor. Mayor: In recognition of service rendered by Trent W. Davis, M.D. as Mayor of'the city of Salina, Kansas, January 10, 2022 to January 9, 2023. (12.6) New Mayor comments. (12.7) Consideration of a motion to adjourn the organizational meeting and resume the regular meeting. PROCLAMATION HONORING DR. MARTIN LUTHER KING, JR. 2023 WHEREAS: The 16"' day of January is the birthday anniversary of the late Dr. Martin Luther King, Jr., and WHEREAS: Dr. King stood before the entire world as a man of peace, champion of human dignity, and an example of love and brotherhood, and WHEREAS: The citizens of Salina do recognize Dr. King's contribution to the good of all humankind and they do desire to perpetuate and implement the ideals expressed in his dream of peace and harmony among all individuals, and WHEREAS: In paying tribute to Dr. King, we are reminded that the duty lies with each of us to fulfill the vision of his life's work. Let us Strive for the Dream as we use our time, talents, and resources to give back to our community and help those less fortunate than us. Particularly today, let us not forget Dr. King's own tireless spirit and efforts, as we work, celebrate, and pray alongside people of all backgrounds. As one people, let us rediscover the bonds of love and loyalty that bring us together as Americans, and as people who share a common humanity. NOW THEREFORE, I, Trent Davis, Mayor of the City of Salina, do hereby proclaim the day of January 16, 2023, Dr. Martin Luther King, Jr. Commemoration Day, and urge that every citizen of Salina join me in extending recognition and honor to the memory of this great leader of humankind. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Salina, Kansas, to be affixed this day, January 9, 2023. Trent Davis Mayor, City of Salina CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS December 19, 2022 4:00 p.m. Mayor Davis asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Davis (presiding), Michael L. Hoppock, Greg Lenkiewicz, Bill Longbine and Karl Ryan. Also present: Jacob Wood, Deputy City Manager; Shawn Henessee, Assistant City Manager; Greg Bengtson, City Attorney; and JoVonna A. Rutherford, City Clerk. AWARDS AND PROCLAMATIONS None. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (4.1) Conduct a public hearing and approve the proposed 2022 Amended Budget. Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact and action options. Mayor Davis opened the public hearing. Mark Labes, Salina, Kansas, shared his thoughts on the budget. Commissioner Hoppock shared his concern with golf course income due to extension of memberships related to delayed installation of the driving net. Mayor Davis closed the public hearing. 22-0352 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve the amended budget. Aye: (5). Nay (0). Motion carried. CONSENT AGENDA (5.1) Approve the minutes of December 12, 2022. (5.2) Award the bid for project number 22009, 2022 Storm Sewer Repairs for $152,738.10 with a 5% ($7,636.91) construction contingency for a total project authorization not to exceed $160,375.01 and authorizing the City Manager to execute a contract with Smoky Hill, LLC of Salina upon fulfillment of all prerequisites under the bid documents. (5.3) Award the bid for project number 22017, 2022 Major Concrete for $55,775.00 with a $2,788.75 (5%) construction contingency for a total project authorization not to exceed $58,563.75 and authorizing the City Manager to execute a contract with Page 1 Lancaster Construction, Inc. of Salina upon fulfillment of all prerequisites under the bid documents. (5.4) Authorize the City Manager to execute an agreement to purchase 6 wastewater pumps from JCI Industries, Inc. of Lee's Summit, Missouri. (5.5) Approve Resolution No. 22-8092 describing the corporate limits of the city of Salina. 22-0353 Moved by Commissioner Longbine, seconded by Commissioner Hoppock, to approve the consent agenda as presented. Aye: (5). Nay (0). Motion carried. ADMINISTRATION (6.1) Approve Ordinance No. 22-11139, on second reading, changing the zoning district classification of property located at 1001 Schippel Drive from C-1 (Restricted Business) to PC -2 (Planned Neighborhood Shopping) to allow a former veterinary clinic to be converted to a beauty salon. Mayor Davis stated Ordinance No. 22-11139 was approved on first reading on December 12, 2022, and no comments have been received since that time. 22-0354 Moved by Commissioner Ryan, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 22-11139 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. (6.2) Approve Ordinance No. 22-11138, on second reading, annexing and zoning a 20 ft. strip of land in Schilling Subdivision No. 5. Mayor Davis stated Ordinance No. 22-11138 was approved on first reading on December 12, 2022, and no comments have been received since that time. 22-0355 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 22-11138 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. (6.3) Approve Ordinance No. 22-11140, on second reading, amending Salina Code Sections 6-115, 6-116, 6-186, 6-188, 6-233, and 6-234 pertaining to the permitting and regulation of horse-drawn vehicles, outdoor merchandise areas and minor sidewalk dining areas in the Downtown Arts, Commerce And Entertainment District in the City of Salina, Kansas, repealing the existing sections, and repealing Salina Code Section 35-40.2 pertaining to use of public sidewalk in the C-4 Central Business District for placement of certain objects. Mayor Davis stated Ordinance No. 22-11140 was approved on first reading on December 12, 2022, and no comments have been received since that time. Mark Labes, Salina, Kansas, provided his opinion on the driver's license requirement for horse drawn carriages as well as vending along the side of the street and housing. Norman Mannel, Salina, Kansas, also provided his opinion on the driver's license requirement for horse drawn carriages. Page 2 A short discussion followed regarding state laws, public rights of way and obligation of the Governing Body to protect the health, safety and welfare of citizens. 22-0356 Moved by Commissioner Ryan, seconded by Commissioner Longbine, to approve Ordinance No. 22-11140 on second reading. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. (6.4) Approve Ordinance No. 22-11141, on second reading, amending Chapter 6 of the City Code by adding an article to be numbered Article V regarding the authorization and regulation of special event activities; integrating the subject matter of related existing code provisions regarding specific types of special events, including carnivals, circuses and tent shows, and special event use of city -owned public parking lots; and repealing those related existing code sections previously required to regulate special events, including Section 06-16, Section 06-17, Sections 35-256.1 through 35-256.4 and Chapter 38 -Article IV. Mayor Davis stated Ordinance No. 22-11141 was approved on first reading on December 12, 2022, and no comments have been received since that time. Mayor Davis noted there had been minor changes made to the first draft of the ordinance. 22-0357 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, to approve Ordinance No. 22-11141 on second reading, with amendments. A roll call vote was taken. Aye: (5). Nay (0). Motion carried. (6.5) Approve Resolution 22-8095, authorizing the City Manager to execute the acceptance of the Right -of -Way Deed (ROW) and Temporary Construction Easement (TCE) documents as provided by the City upon their execution and delivery by the trustees for the Centennial Road Improvements north of Water Well Road. Dan Stack, City Engineer, explained the request, fiscal impact and action options. Commissioner Longbine inquired if this was part of the current construction on Waterwell Road and Mr. Stack confirmed it was not. 22-0358 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to approve Resolution No. 22-8095 authorizing the City Manager to execute the acceptance of the ROW and TCE documents as provided by the city upon their execution and delivery by the Trustees for the Centennial Road Improvements north of Water Well Road. Aye: (5). Nay (0). Motion carried. (6.6) Authorize the City Manager to authorize the purchase of five (5) LUCAS Mechanical Cardio Pulmonary Resuscitation chest compression systems and five (5) EleGARD Heads Up CPR Patient Positioning Systems in the amount of $102,557.40. Shane Pearson, Deputy Fire Chief, explained the request, fiscal impact and action options. A discussion ensued related to separate pieces of equipment working together, source of grant funding, company training, department training and implementation timeline. Page 3 Ben Windholz, Salina, Kansas, voiced his support of the new equipment. Jon Blanchard, Salina, Kansas, asked what citizens could expect from the new equipment and expressed his appreciation to the fire department for tree cutting. Mr. Pearson provided information on what citizens could expect from the new equipment. Norman Mannel, Salina, Kansas, shared his thoughts on the equipment. 22-0359 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to authorize the City Manager to purchase five (5) LUCAS Mechanical Cardio Pulmonary Resuscitation chest compression systems and five (5) EleGARD heads up CPR patient positioning systems for a total amount of $102,557.40. Aye: (5). Nay (0). Motion carried. (6.7) Discussion of Election of Governing Body Chair/Mayor. Jacob Wood, Deputy City Manager, recapped information provided last week and described the item to be discussed. Each member of the Governing Body provided their thoughts on the matter which included voting power, experience, time commitment, procedure, tradition, succession, policy and possible new system for election of Mayor. All members were in agreement that Commissioner Hoppock would be nominated as the new Mayor at the January 9, 2022 meeting. Greg Bengtson, City Attorney, provided his legal opinion regarding procedure and voting on the matter. DEVELOPMENT BUSINESS None. OTHER BUSINESS None. CITIZENS FORUM Mark Labes, Salina, Kansas, shared his thoughts on the election of a Mayor. Norman Mannel, Salina, Kansas, spoke about batteries and possible contamination of the soil. Jon Blanchard, Salina, Kansas, touched on the hiring of a new police chief and suggested more transparency in the hiring process as well as citizen feedback. Mr. Blanchard also provided his thoughts on mayoral succession as well as marketing and workforce development for the city. Page 4 EXECUTIVE SESSION 22-0360 Moved by Commissioner Longbine, seconded by Commissioner Ryan, to recess into executive session for 40 minutes, after a 5 -minute break, to discuss the City Manager's evaluation based upon the need to discuss personnel matters of non -elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 6:20 p.m. Aye (5). Nay (0). Motion carried. The City Commission recessed into executive session at 5:40 p.m. and reconvened at 6:20 p.m. Natalie Fischer, Director of Human Resources, was present for the latter portion of the executive session. No action was taken. 22-0361 Moved by Commissioner Longbine, seconded by Commissioner Hoppock, to recess into executive session for 15 minutes to discuss the City Manager's evaluation based upon the need to discuss personnel matters of non -elected personnel pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 6:36 p.m. Aye (5). Nay (0). Motion carried. The City Commission recessed into executive session at 6:21 p.m. and reconvened at 6:36 p.m. Natalie Fischer, Director of Human Resources, was present for the executive session. No action was taken. ADJOURNMENT 22-0362 Moved by Commissioner Hoppock, seconded by Commissioner Lenkiewicz, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:37 p.m. [SEAL] ATTEST: JoVonna A. Rutherford, City Clerk Trent W. Davis, M.D., Mayor Page 5 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 1/9/2023/ 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 5 Community and Development BY. ITEM Services FINAL APPR VAL: NO: 2 Page I BY: Lauren Driscoll _ BY: ITEM: Resolution No. 23�-8105, a resolution to receive and accept the 2022 Salina Land Bank Conveyance Report. BACKGROUND: A Land Bank is a public authority created to efficiently hold, manage, and transform vacant, abandoned, and tax -foreclosed property back into productive use. Land Banks are able to eliminate the liabilities, and transfer the properties to new, responsible owners in a transparent manner that results in outcomes consistent with community-based plans. Properties typically become a part of the Land Bank through tax foreclosure, donation, and/or purchase. Land Banks have unique legal powers. Property held by a Land Bank is exempt from all ad valorem taxes while in Land Bank ownership. In addition, all or most taxes, assessments, charges, penalties and interest that may be due on a property are removed or abated through Land Bank ownership. An exception to this is special assessments. Land Bank properties are subject to the special assessments placed upon them to finance public improvements. A governing body may re -amortize special assessments on Land Bank properties per Kansas State Statute 12-5909. In Kansas, Wyandotte County was the first Land Bank created in 1996. Legislation passed in 2009 made it possible for not only counties but cities in Kansas to establish a Land Bank (K.S.A. 12-5901 et seq.). The City of Salina adopted Ordinance 17-10915 on second reading December 18, 2017, creating the Salina Land Bank. Under the ordinance, the City Commission serves as the Land Bank's Board of Trustees, and primary staff support to the Board of Trustees will be provided by the City Manager or designee. Per legal council on Land Bank Board Procedural Operations, The annual report requirement is imposed by K.S.A. 12-5903(f), which states that: The bank shall make an annual report to the governing body on or before January 31 of each year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in each year. Such report shall include an inventory of all property held by the bank. A copy of such inventory also shall be published in the official city newspaper on or before January 31 of each year. Salina Code Sec. 2-249 states this annual reporting requirement with nearly identical language. We interpret the annual report requirement as an information sharing requirement. The statute and code provisions do not expressly require the land bank board or the City's governing body to formally approve the annual report. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 1/9/2023/ 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services FINAL APPROVAL: ITEM NO: Page 2 BY: Lauren Driscoll BY: Salina Code Sec. 2-247 states that "Primary staff support to the board will be provided by the city manager or the city manager's designee." Because the annual reporting requirement is fulfilled by the sharing of information with the City's governing body, and because there is no discretion involved in assembling the contents of the annual report, we were comfortable relying on the delegated staff support role pursuant to Sec. 2-247 for purposes of allowing City staff to present the annual report to the governing body, without the need for any preliminary formal action by the land bank board (which, of course, is comprised of the 5 city commissioners). If desired to formally convene the Land Bank board to consider and discuss the report prior to transmission of the report to the City Commission, we could take that approach. For the reasons described above, however, legal is comfortable eliminating that step. Land Bank reports in the past have eliminated the step to convene the Land Bank board in the past based on this council. CURRENT REQUEST K.S.A. 12-5903(f) states as follows: The bank shall make an annual report to the governing body on or before January 31 of each year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in each year. Such report shall include an inventory of all property held by the bank. A copy of such inventory also shall be published in the official city newspaper on or before January 31 of each year. The Land Bank has not conducted any property transactions since its creation. Accordingly, there is no inventory to report. In addition, the Land Bank has not received or disbursed any funds since its creation. Attached you will find an annual report for 2022. It is worth noting that the property of 409 W. Euclid discussed and approved for sale by resolution 22-8074 on September 19, 2022 was originally identified as a viable land bank property when it was accepted into City Ownership on July 13, 2015. However, the property was never placed in the land bank and therefore is not included in the report for 2022 since the property was neither held in or divested from the land bank. Notice will be published in the Salina Journal on or before January 31, 2023, reciting that the Land Bank held no inventory during the calendar year 2022. FISCAL NOTE: There is no direct fiscal impact associated with the Land Bank's fulfillment of the annual reporting requirement, other than the costs of publishing the inventory report in the Salina Journal. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 1/9/2023/ 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services FINAL APPROVAL: ITEM NO: BY: Lauren Driscoll BY: Page 3 COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1.) Receive and accept the 2022 Salina Land Bank Conveyance Report by approving Resolution No. 23-8105. 2.) Approve Resolution No. 23-8105 with amendments as the City Commission deems appropriate. 3.) Postpone consideration of Resolution No. 23-8105 to a specified date and time and provide staff direction. 4.) Vote to deny Resolution No. 23-8105 which will result in the Salina Land Bank not fully complying with the statutory requirements prescribed by the State of Kansas. Attachments: 1. Resolution No. No. 23-8105 (Draft) 2. 2022 Land Bank Conveyance Report 3. Ordinance 17-10915 RESOLUTION NUMBER 23-8105 A RESOLUTION ACCEPTING THE 2022 SALINA LAND BANK CONVEYANCE REPORT. WHEREAS, Legislation passed in 2009 made it possible for cities in Kansas to establish a Land Bank (K.S.A. 12-5901 et seq.); and WHEREAS, The City of Salina adopted Ordinance 17-10915 on second reading December 18, 2017, creating the Salina Land Bank: and WHEREAS, The governing body of the Land Bank is the Land Bank's Board of Trustees, as per the ordinance the Salina City Commission is the Board of Trustees for the Salina Land Bank; and WHEREAS, K.S.A. 12-5903(f) requires each land bank submit an annual report to its governing body on or before January 31 of each year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in each year. Such report shall include an inventory of all property held by the bank. A copy of such inventory also shall be published in the official city newspaper on or before January 31 of each year; SO NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Salina, Kansas: Section 1. The 2022 Salina Land Bank Conveyance Report is accepted by the Salina City Commission and the Salina Land Bank Board of Trustees. Section 2. The City Clerk's office shall publish notice of the Land Bank inventory on or before January 31, 2023. Section 3. This resolution shall be in full force and effect from and after its adoption. Adopted by the Board of City Commissioners and signed by the Mayor this 9th day of January, 2023. Trent W. Davis, M.D., Mayor (SEAL) ATTEST: JoVonna A. Rutherford, City Cleric COMMUNITY & DEVELOPMENT SERVICES City of Lauren Driscoll, Director Room 205 300 West Ash • P.O. Box 736 Salina Salina, Kansas 67402-0736 TELEPHONE (785) 309-5720 FAX (785) 309-5713 TDD (785) 309-5747 E-MAIL - lauren driscoll(a)salina.org WEBSITE • www.salina-ks.gov To: Salina City Commission From: Lauren Driscoll, Dir. of Community and Development Services Date: January 9, 2023 Subject: 2022 Land Bank Conveyance Report Pursuant to K.S.A. 12-5903(f , City staff presents on the behalf of the Land Bank the following 2021 Conveyance Report: The Land Bank has not conducted any property transactions since its creation. Accordingly, there is no inventory to report. In addition, the Land Bank has not received or disbursed any funds since its creation. YEAR: 2021 Total Revenue Total Numbe $0r of Properties 0 In addition, notice will be published in the Salina Journal on or before January 31, 2023, reciting that the Land Bank held no inventory during the calendar year 2022. (Summary published in The Salina Journal on December2.7-, 2017.) ____L ORDINANCE NUMBER 17-10915 0 ORDINANCE AMENDING CHAPTER 2 OF THE SALINA CODE BY ADDING NEW kRTICLE XIV ESTABLISHING A CITY LAND BANK AND PROVIDING FOR ITS OEMBERSHIP, POWERS, AND DUTIES. WHEREAS, pursuant to K.S.A. 12-5901 et seq., the Governing Body of the City of Salina nay establish a city land bank by adoption of an ordinance; and WHEREAS, the Governing Body desires to establish a land bank with all statutory authority to acquire, maintain, use, and sell property as provided by law, SO NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. New Article. Chapter 2 of the Salina Code is amended by adding Article XIV; which reads as follows: ARTICLE XIV. LAND BANK See. 2-242. Purpose. The land bank shall have the primary responsibility and authority for acquiring, maintaining and selling real property located within the city to help achieve the city's goals of returning municipally -owned, tax delinquent, or abandoned real property to private ownership, cost- effectively maintaining such real property, ensuring conformance with the goals of the city's comprehensive plan, and encouraging economic development. The land bank is intended to assist in the elimination of barriers to returning real property to private ownership and productive use. and to help facilitate the strategic conveyance of real property. Sec. 2-243. Definitions. Whenever used in this article, the following terms shall be defined as follows: (a) Act means K.S.A. 12-5901 et seq., as amended and supplemented from time to time. (b) Board means the board of trustees of the land bank. (c) Land bank means the city land bank established under this article. Sec. 2-244. Creation of land bank; board. By the authority of the act, the land bank is hereby established. The land bank shall be governed by the board. Sec. 2-245. Membership; Terms and Dissolution. (a) The board shall be composed of the entire membership of the governing body, ex officio. (b) The term of office of each member of the board shall be coterminous with that member's term of office on the governing body. (c) The governing body may advance operating funds to the land bank to pay expenses of the board and the land bank. Members of the board shall receive no compensation, but shall be paid their actual and necessary expenses in attending meetings and in carrying out their duties as members of the board. Z a LU a q N U 1 (d) The land bank may be dissolved by ordinance of the governing body. In such case, all property of the land bank shall be transferred to and held by the city and may be disposed of as otherwise provided by law. Sec. 2-246. Land bank board; organization. (a) The board shall select, annually, from its membership, a chairperson, a vice -chairperson and a treasurer. The treasurer shall be bonded in such amounts as the governing body may require. (b) The board may appoint such officers, agents and employees as it may require for the performance of its duties, and shall determine the qualifications and duties and fix the compensation of such officers, agents and employees. (c) The board shall fix the time and place at which its meetings shall be held. Meetings shall be held within the city and shall be subject to the Kansas open meetings act, K.S.A. 75- 4317 et seq., and amendments thereto. (d) A majority of the board shall constitute a quorum for the transaction of business. No action of the board shall be binding unless taken at a meeting at which at least a quorum is present. (e) The members of the board shall be subject to the provisions of the laws of the state of Kansas which relate to conflicts of interest of city officers and employees, including, but not limited to, K.S.A. 75-4301 et seq., and amendments thereto. (f) Subject to the provisions of the Kansas tort claims act, K.S.A. 75-6101 et seq.; and amendments thereto, if any action at law or equity, or other legal proceeding, shall be brought against any member of the board for any act or omission arising out of the performance of duties as a member of the board, such member shall be indemnified in whole and held harmless by the board for any judgment or decree entered against such member and, further, shall be defended at the cost and expense of the land bank in any such proceeding. See. 2-247. Staffing. Primary staff support to the board will be provided by the city manager or the city manager's designee. See. 2-248. Board powers and duties. (a) The board shall have the following powers and duties: (1) To sue and be sued; (2) To enter into contracts; (3) To appoint and remove staff and provide for the compensation thereof, upon approval of the governing body; (4) To acquire, by purchase, gift or devise, and convey any real property. including easements and reversionary interests; and personal property subject to the provisions of this article and the act; (S) To rebate all, or any portion thereof, the taxes on any property sold or conveyed by the land bank; (6) To exercise any other power which may be delegated to the land bank by the governing body; and (7) To exercise any other incidental power which is necessary to carry out the purposes of the land bank, this article; and the act. (b) Any property acquired by the city, the county, or any other city or taxing subdivision within the county may be transferred to the land bank. The board may accept or refuse to accept any property authorized to be transferred pursuant to this subsection. The transfer of any property pursuant to this subsection shall not be subject to any bidding requirement and shall be exempt from any provision of law requiring a public sale. (c) The fee simple title to any real estate which is sold to the county in accordance with the provisions of K.S.A. 79-2803 and 79-2804, and amendments thereto, and upon acceptance by the board may be transferred to the land bank by a good and sufficient deed by the county clerk upon a written order from the board of county commissioners. (d) The board shall assume possession and control of any property acquired by it under this article or the act and shall hold and administer such property. In the administration of property, the board shall: (1) Manage, maintain and protect or temporarily use for a public purpose such property in the manner the board deems appropriate; (2) Compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times; (3) Study, analyze and evaluate potential, present and future uses for such property which would provide for the effective reutilization of such property; (4) Plan for and use the board's best efforts to consummate the sale or other disposition of such property at such times and upon such terms and conditions deemed appropriate; and (5) Establish and maintain records and accounts reflecting all transactions, expenditures and revenues relating to the land bank's activities, including separate itemizations of all transactions, expenditures and revenues concerning each individual parcel of property acquired. Sec. 2-249. Land bank budget and operational requirements. (a) The land bank shall be subject to the provisions of the cash -basis law, K.S.A. 10-1101 et seq., and amendments thereto. (b) The budget of the land bank shall be prepared, adopted and published as provided by laws for other political subdivisions of the state. No budget shall be adopted by the board until it has been submitted to, reviewed and approved by the governing body. (c) The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the board. (d) All records and accounts shall be subject to public inspection pursuant to the Kansas open records act, K.S.A. 45- 215 et seq., and amendments thereto. (e) Any moneys of the land bank which are not immediately required for the purposes of the land bank shall be invested in the manner provided by K.S.A. 12-167, and amendments thereto. (f} The land bank shall make an annual report to the governing body on or before January 31 of each year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in each year. Such report shall include an inventory of all property held by the land bank. A copy of such inventory also shall be published in the official city newspaper on or before January 31 of each year. fl (g) The land bank shall be subject to the statutory requirements for the deposit of public money as provided by K.S.A. 9-1401 et seq., and amendments thereto. Sec. 2-250. Sale of property; conditions. (a) The board. without competitive bidding, may sell any property acquired by the board at such times, to such persons, and upon such terms and conditions, and subject to such restrictions and covenants deemed necessary or appropriate to assure the property's effective reutilization. (b) Thirty (30) days prior to the sale of any property owned by the land bank, the board shall publish a notice in the official city newspaper announcing such sale. (c) The sale of any real property by the board under the provisions of this article or the act on which there are delinquent special assessments to finance public improvements shall be conditioned upon the approval of the governing body. (d) Any moneys derived from the sale of property by the land bank shall be retained by the land bank for the purposes and operations thereof; provided, however, that the board may use all or any part of the proceeds from such sale to reimburse the city for delinquent special assessments due on such property. (e) The board, for purposes of land disposition, may consolidate, assemble or subdivide individual parcels of property acquired by the land bank. Sec. 2-251. Exemption of property from taxation; exceptions. (a) Until sold or otherwise disposed of by the land bank, and except for special assessments levied by the city to finance public improvements, any property acquired by the land bank shall be exempt from the payment of ad valorem taxes levied by the state and any other political or taxing subdivision of the state. (b) Except for special assessments levied by the city to finance public improvements; when the board acquires property pursuant to this article and the act, the Saline county treasurer shall remove from the tax rolls all taxes, assessments, charges, penalties and interest that are due and payable on the property at the time of acquisition by the board. (c) Property held by the land bank shall remain liable for special assessments levied by the city to finance public improvements, but no payment thereof shall be required until such property is sold or otherwise conveyed by the land bank. (d) The governing body may abate part or all of any special assessments which it has levied on property acquired by the land bank; and the land bank and the governing body may enter into agreements related thereto. Any special assessments that are abated shall be removed from the tax rolls by the county treasurer as of the effective date of the abatement. (e) The governing body may enter into an agreement with the land bank to defer or reamortize part or all of any special assessments which the governing body has levied on property acquired by the land bank. The governing body shall provide for such deferral or reamortization by passage of an ordinance. Any special assessments that are deferred or reamortized shall be corrected on the tax rolls by the county treasurer as of the effective date of the ordinance providing for such deferral or reamortization. Sec. 2-252. Advisory committees; establishment. The board may establish separate neighborhood or city advisory committees consisting of persons living or owning property within the county, city, or neighborhood. In the case of 4 1 i neighborhood advisor}, committees. the board shall determine the boundaries of each neighborhood. In the absence of a resolution by the board providing otherwise, each advisory committee shall consist of not less than five and no more than nine persons; to be appointed by the board for two-year overlapping terms. The board shall consult with each advisory committee as needed to review the operations and activities of the land bank and to receive the advice of the members of the advisor}, committee concerning any matter which comes before the committees. Section 2. Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary: Ordinance No. 17-10915 Summary On December 18, 2017, the City Commission passed Ordinance No. 17-10915. The Ordinance amends Chapter 2 of the Salina Code by adding new Article XIV establishing a city land bank pursuant to K.S.A. 12-5901 et seq. and providing for its membership, powers, duties, and procedures. A complete copy of the Ordinance can be found at «,vww.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: December 11, 2017 Passed: December 18, 201(']' Kay`,�J. C,�ford, Mayor [SEAL] � X11 ATTEST: NU Shandi Nicks, CMC, City Clerk The pj�eVion j+mmary set forth above is certified this Zj&day of December. 2017. A. Bgfigttr ; City Attorney 5 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION 1/9/2023 E4:TI PEM. AGENDA SECTION _ ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 6 BY. City Manager's Office FINAL APP OVAL: ITEM NO: BY: Mike Schrage, City Manager BY: Page 1 TEM: Resolution No. 23-8102 Dissolving the Police Chief's Excellence Fund Advisory Board; ;oncurring with the assumption of the Duties of the Board by the newly established Police Excellence =oundation of Salina, the transfer of all contributions on account with the Greater Salina Community =oundation (GSCF) to the newly established foundation, and termination of the GSCF account; -eiterating the policy of the City regarding approval by the City of expenditures of contributions for angible assets to be owned by the City; and repealing Resolution Number 16-7409. BACKGROUND: November 7, 2016, the City Commission approved Resolution No. 16-7409 authorizing the Greater Salina Community Foundation donor -advised ap t forma 501(c)3 nonpass-through fund rofit organization to athe Salina ss st ce Department Excellence Fund. The stated intent with fundraising, purchasing and paying for items that would aid law enforcement in various ways. The approach was initiated by Chief of Police Brad Nelson and the authorization was structured as a Police Chief's Excellence Fund Advisory Board with the stated purposes of: a) Fundraising in support of the Fund; and b) Recommending to the Foundation proposed uses of contributions to the Fund that will enhance the capacity of the Salina Police Department to provide the highest level of quality law enforcement services for the Salina Community. The Board consisted of 7 members to be appointed by the chief of police for staggered three-year terms. The authorizing resolution also included that the governing body would be provided the opportunity to determine whether the City would accept ownership of any tangible assets prior to the expenditure of contributions to the Fund. In the intervening 6 years, the Board has become well established and self-sustaining through solicitation of community donations and they have made several meaningful contributions to the Salina Police Department which are summarized below. • Purchased MotoShot moving target system for the Department • Purchased VirTra Simulator for the Law Enforcement Training Center • Purchased and equipped a UTV for the Department • Purchased a trailer for the Department • Purchased Fuji mats for the Law Enforcement Training Center • Purchased Individual Patrol Officer Kits (IPOK) for officers • Purchased a trailer for the Department • Prn\/iripd financial support for the PD awards banquet AGENDA SECTION NO: ITEM NO: Page 2 0 CITY OF SALINA DATE TIME REQUEST FOR CITY COMMISSION ACTION 1/9/2023 4:00 P.M. ORIGINATING DEPARTMENT: City Manager's Office BY: Mike Schrage, City Manager FISCAL APPROVAL: BY: FINAL APPROVAL. Provided financial support for the Salina PD family picnic Provided funding for police department staff drawings Purchased challenge coins for members for members of the depardtmentrs Purchased centennial police badges Provided financial support to multiple staff members in response to individual personal circumstances tance for retention of a police vehicle as a display at The Garage, etc. Provided financial assis Fhe initial authorization created the "Police Chief's Excelllence Fund dvisory higher Boardevel of and a n- nterest earning fund at the GSCF. That approachedpresumed a nvolvement and oversight on the part of the Chief of Police than an independent not-for-profit board In order to get the initiative established. can earn interest on they At this time the Board would like to pursue alternatives thnd they have taken the necessary steps ttoiinco incorporate asra well established as fund-raising entity a stand-alone not-for-profit entity. ef The attached resolution concurs with their request and authorizes on tdissolution with the GSCFof the Police Chi the Excellence Fund Advisory Board; the transfer of donated fun receipt of tangible newly established and retains the provision that governing body must approve p assets proposed to be purchased by the FISCAL NOTE: There is no direct fiscal impact to the City. The funds ins donations. onations on re This raiseact ond by hwouldcau authorize Excellence Fund Advisory Board were raised by them as do transfer of the balance with the Greater Salina Commu dtt to ndkeeping with their staation to the Police tpulrpose Foundation of Salina and the use of those funds would nee ofp roviding "financial and community support through fundraising, for the needs and services of the Salina Police Department that are unbudgeted and discretionary". COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: d Advisory 1.) Approve Resolution No. 23-8102 Dissolving the Police hBoard by the cnewlynestablished Board; concurring with the assumption of the Duties of the Police Excellence Foundation of Salina, the transfer of all contributions on account with the Greater Salina Community Foundation (GSCF) to the newly City regardeng fapprov al by the termination of the GSCF account; reiterating the policy of City of expenditures of contributions for tangible assets to be owned by the City; and repealin( Resolution Number 16-7409. Nin 9. 8102 with amendments as the City Commission deem: L.) /APPIUVU 1XG3v1Uu - CITY OF SALINA DATE TIME REQUEST FOR CITY COMMISSION ACTION 1/9/2023 4:00 P.M. ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION BY: NO: City Manager's Office FINAL APPROVAL: ITEM NO: BY: Mike Schrage, City Manager BY: Page 3 appropriate. 3. Postpone consideration of Resolution No. 23-8102 to atlhe C ty Commission on would led �e staff direction regarding additional information or amendments to request for their further consideration. 4.) Vote to deny Resolution No. 23-8102 resulting in the retention of the Police Chief's Excellence Fund Advisory Board in its current form. Staff recommends Option #1. CC: Byron Norris Carolyn Peterson utive Director, Greater Salina Community Foundation Jessica Martin, President &Exec RESOLUTION NUMBER 23-8102 DISSOLVING THE POLICE CHIEF'SSSUMPTION OF LENCE A NDADVSOLUTIONCONCURRING WITH T FUND ADVISORY BOARD; TRANSFER OF ALL THE DUTIETHE S OF THE BOARD BY THE NEWLY ESTABLISHED POLICE EXCELLENCE FOUNDATION ACC OF UNTS WITH THE GREATER SALINA CONTRIBUTIONS ON AC TO THE NEWLY ESTABLISHED COMMUNITY FOUNDATION (GSCF) NG APPROVAL BY FOUNDATI ON AND TERMINATION OF THE SCF ACCOUNT; REITERATING THE EXPEP OLICY UR S OF CONTRIBUTIONS FOR TANGIBLE THE CITCITY REGARD Y B OWNEDITU ASSE TS TO BE OWNED BY THE CITY; AND REPEALING RESOLUTION NUMBER 16-7409. passed WHEREAS, on Nove tuber 7, 2016, the Governing Body of the City of Salina p e "Resolution"); and Resolution Number 16-7409 (th oved the donor -advised pass-through fund WHEREAS, the Resolution ratified and appration (the "GSCF") entitled The previously established with the Greater Salina Community Found Lina Police Department Excellence Fund (the "GSCF Fund"); and Chief s Salina the Resolution authorized the chief of police to establish a Police of (a) fundraising in support of the WHEREAS' the Board) for the purposes Excellence Fund Advisory Board ( io osed uses of contributions to the GSCF Fundt will Fund and (b) recommending to the GSCF proposed provide the highest level of quality enhance the capacity of the Salina Department part ent to p' enforcement services for the Salina community; the Resolution provided that if a Board recommendation f an to tangible assets, the WHEREAS, the Res P to determine whether the City will accept ownershipe expenditure of contributions to the GSCF Fund included the acquisition to acquire p governing body shall be provided opportunity of the tangible assets prior to the expenditure of contributions to the GSCF Fun tangible assets; and corporation named Police Excellenceoi Foundation ffice o WHEREAS, a Kansas not-for-profit the "Foundation") was established by the filing of Articles of Inl °advised that the Foundation orat Salina ( 2022 and the Governing Body the Kansas Secretary of State on June 7, 3 tax exempt status; and has since achieved Internal Revenue Code Section 501(c)O Foundation that tl f the organizers of the WHERE, it is the desire and request Board be dssolved, and that all contributions c Foundation assume all duties of the Board, that erred the the Board b S iNOW, THEREFORE, account in the GSCF Fund be BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Bod concurs with: (a) the assumpti Section 1. The Board is dissolved, and the Governing of all contributions on account in ' of the duties of the Board by the Foundation; (b) GSCF Fund to the Foundation; and (c) termination of the GSCF Fund. is authorized to administer any actions required on the part of Section 2. The City Managerissolution of the Board and the implementation of the transition from the role of the the City ithe oae of the Foundation. Board to proposes the Body reiterates its policy that if the Foundation p' p Section 3. The Governing Y body shall be ' er transferred to the Foundation from the GSFor r y eived y expenditure of contributions either tangible assets, the governing ible assets prior the Foundation that includes the acquisition of any tangible assets. will accept ownership of the tang provided opportunity to determine whetherthe Foundahe tion to acquire the g to the expenditure of contributions by Section 4. Resolution Number 16-7409 is repealed. f1, of January Adopted by the Board of Commissioners and signed by the Mayor this 9 day 2023. Trent W. Davis, M.D., Mayor (SEAL) ATTEST: Jovonna A. Rutherford, City Clerk CI -TY OF SALIN REQUEST FOR CITY COMMISSION ACTION 11I07I2016 4:00 P.M. ORIGINATING DEPARTMENT: FISCAL APPROVAL: BY: AGENDA SECTION 7 POLICE DEPARTMENT FINAL APPROVAL: NO: BY: ITEM 2 BY: Brad L. Nelson __--- - page t NO. 16-7409 Greater Salina Community Foundation donor through ITS: Resolution N zing the formation of the A resolution The Sal'na Police Department Excellence Fund• fund entitled 501(c)3 nonprofit ACKGROUNIM is times, many agencies have chosen to form B economic for many iers ) that highly technical 'force fomtetchlnolOgY is In these ahallen assist purchasing and paying eir day to day operat►ons. The cost of this ever evolving organizations to assist them in will aid law enforcement the in tl resources can support - often beyond what own many advantages to forming these foundations, Time has sh sand citizens to become involved in their local Provides a unique vehicle for bath may or donor efforts. as a public charity, donations received are tax law enforcementqualified and other As our Excellence Fund will be q depart avoiding telemarketing exempt• y police dep . Allows citizens to donate dtl t° their p Foundation which techniques.artment Fo intrusive marketing(MO) police Dep the Excellence Fund after the Columbia ( ) I have modeled purchasing are as was formed in 2005. h short and long term that I envision the Excellence Fun Some of the items bot follows: Trauma kits for patrol vehicles Theft reduction tracking programs. Interactive use of force simulators. tors.reads Fixed automatic license p FISCAL NOTE: There is no cost to the city. the formation of the Salina RECOMMENDED ACTION' 16-7409 authorizing of the Greater Salina Community Foundation. Approve Resolution No. Excellence Fund under the Police Department RESOLUTION NUMBER 164409 A COMMUNITY RESOLUTION AUTHORIZING THE GREATER SALIN A � ASS-THROUGIFI FUND ENTITLED THE SALIN FOUNDATION DONOR-ADVISED EXCELLENCE FUND. meat Excellence POLICE DEPARTMENTY the or-advised pass-through fund entitled The Salina. Police unit AS a donor a ed with the Greater Selina Community Foundation WHI RRAS, been establish Fund (the "Fund' rnr ose of "Foundation"); law and .dist4ib lte contrjbutions,,to the Fund quality P rovtdc the_ g WHEREAS, the Foundation will hold cin the capacity of the Salim°mn t Wily; aid lent top ' tion in enhancing enforcement services for the Salina p n the Fund are to be.based�u on recomn'endation'sto the Foun a WHEREAS, distributions frod policies and procedof the ures,` and provide a accordance with its standard P fishes to ratify and approve the establislvn; Ovide for accdeptance by WHEREAS, the Governing $0dy v'' and SO NOW, entif ing recommended uses, , , chased contributwrth ocontributio�ns to the Fund; process for rd y the City of any tangible assets to be purchase THEREFORE, �of Salina, Kansas: BE IT 1ZESOLVED by the Governing Body of the City t of the Fun is ratified and approved. Section 1. Establishmen { is authorized to establish a Police Chief s Excellence Fran Section 2. The Ch�ef,of Police uses of Advisory Board (the "Board') for the purl? und; and (a) Fundraising in supeort of the Fproposed uses of contributions to the Fund that (b) Recommending to the Foundation prop ailment to provide the highest will enhance the capacity of theSalina services1' for the Salina conuziunity. 'level ofA' lity law en the chief ofPolice for � e`e'tion 3. The Board shall consist of seven (7) Salina citizens to be appolr�ted by S Stagg$red tluee-year terms enditure of contributions to the 'body exP shall be provided opportunity Tf a Board recon�me11dation to the Foundationo` ern ng bo Section 4 ible assets, the g prior to the expenditure of Fund includes the, acquisition of any tang y �tietllertlie City will accept ownership is the tangible assets 1 to determine the tangible contributions to t}1e Fund to acquire lution shall be in full force and effect from and after its adoption.vember, Section 5. This resp signed by the Mayor this 7'11 day of No Adopted by the Board of Commissioners and 2016. Kaye J. Crawford, Mayor (SEAL) ATTEST: Shandi Wicks, CMG, City Clerk RESOLUTION NUMBER 16-7409 A RESOLUTION AUTHORIZING THE GREATER SAINATHE�SALINA FOUNDATION DONOR-ADVISEDPAE FUNDFUND ENTITLED POLICE DEPARTMENT EXCELLCNC , Department Excellence s with the Greater Salina Community Foundation (the w VHEREAS, adonor-advised pass-through fund entitled The Salina 1 once N Fund (the "Fund") has been established '`Foundation'=); and ur ose of to he g WHEREAS, the Foundation will hold and distributee notribuotfide thetl ghestleveltof purpose enhancing thSe�p estfo°the Salif the na communina police DY pard enforcement distributions from the Fund are to be based upon recommendations to the Foundation in WHEREAS, accordance with its standard policies and procedures; and provide a of e Fund, VHEREAS, the Governing Body wishes to ratify and approve the est! d and ro�dehfor acceptance by g � to be purchased with contributions to the Fund; SO NO�'�', rocess for identifying recommetnsded uses f contributions of the Fun , an p he City of any tangible assets HEREFORE, BE IT RESOLVED by the Governing Body of the City of Safina, Kansas: Section I. Establishment of the Fund is ratified and approved. Section 2. The Chief of Police is authorized to establish a Police Chief's Excellence Fund dvisory Board (the "Board.') for the purposes of: (a) Fundraising in support of the Fund; and (b) Recommending to the Foundation proposed uses of contributions to the Fund that will enhance the capacity of the Salina Police Department e Salina community. de the highest level of quality law enforcement services for the Section 3. The Board shall consist of seven (7) Salina citizens to be appointed by the chief of police for staggered three-year terms. Board recommendation to the Foundation for the expenditure of contributions to the Section 4. If a Boa provided p ortuni le assets, tangthe governing body shalt be o p ty Fund includes the acquisition Cin o` ill accep bo ownership of the tangible assets prior to the expenditure of to determine whether ty contributions to the Fund to acquire the tangible assets. Section 5. This resolution shall be in full force and effect from and after its adoption. 7` day of November, er, Adopted by the Board of Commissioners and signed by the Mayor this (SEAL) ATTEST: EQAa'v& VV G B Shandi Wicks, CMC, City Clerk 4 O Not For Profit Articles of Incorporation The name of the corporation: Police Excellence Foundation of Salina File date: 06/07/2022 File time: 16:15:07 Busines9 Entity Number: 7629371 Registered office in Kansas: C 225 N 10th Salina, Kansas 67401 Q Name of the resident agent at the registered !kc e: Police Excellence Foundation of Salina Mailing address for official mail: Police Excellence Foundation of 225 N 10thj� <\ ° na KS Salina, 67401 USA (Q (® el The nature or p • . e of the busi tity: IN The purpose t ` siness entity is�1gage in any, act or activity for which the entity p � arses. may be org ; �` nder the law nn u h fundraising, to and community support thro g � The purpose of the corpora p for the needs and services e Salina Po c� p artment that are unbudgeted and discretionary. if The purpose of the corporation shall be �o `b�' erste exclusively mateu� sports competition or governmental literary, educational , fostering national o�internatioofthe Internal Revenue Code, or corresponding purposes within the meaning of Section 501(c)(3) section of any future tax code, and to assist financially and otherwise er i assets hall zatbel dis orgaribuna for one and operated for such purposes. Upon dissolution of the corp or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal taxfor acode, or shall be disributto the ublic purposetAny such ass is notldisposed of government, or to a state or local government, p shall be disposed of by a court of competent jurisdiction in the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. This corporation will not have the authority to issue stock. The conditions of the membership are set in the bylaws. Will the powers of the incorporator(s) terminate upon filing thetiles of incorporation? a Yes Director(s) information: Byron Norris 225 N 10th Street Salina KS 67401 USA a� Expiration date of the corp, xistence: o Perpetual Q Tax closing mon December XV Incor ora or inform p � l THOMAS G PEEBLES 594 UPPER MILL HEIGHTS DRIVE SALINA KS 67401 USA "I declare under penalty of perjury pursuant to the laws of the state of Kansas that the foregoing is true and correct." Execution date: 06/07/2022 The signature(s) of the incorporator(s): Thomas G Peebles THOMAS G PEEBLES 1, Scott Schwab, Secretary of State of Kansas, do herPb° citify that this is the G ' A,p` true and correct copy of the original document file&electronically on s �}y 06/07/2022. Y Scott Schwab R e, Kansas Secretary of State Memorial Hall, Ist floor - 120 SW 10th Ave.' . "Topeka, Kansas , 66612-1594 phone: (785) 296-4564 - email: kssos ks,lz6v - url: https /I;,us:kansas.gov/ et i" t i< 4" I P Kansas Resident Agent and/or Registered Office Amendment File Date: 2022-10-07 ® File Time: 16:58:36 1, Business Entity Name: POLICE EXCELLENCE FOUNDATION OI P;LINA 2. Business Entity Number: 7629371 3. Resident Agent: POLICE EXCELLENCE FOUNDATION OF SAL'1NA 4. Registered Office: 255 N 10 Salina, KS 67401 "I declare under penalty of perjury pursuant to the laws of the state of Kansa thgt,-the foregoing is true and correct." Executed on the 07 of October , 2022. THOMAS G PEEBLES Authorized Officer f a I, Scott Schwab, Secretary of ;Mite of Kansas, do hereby certify that this is the true and correct copy,ofthe original doI�uiiient filed electronically on 07 of October, 2022. ` Scott Schwab To validate the authenticity or this`electronically certified document please visit, https://www.kansas.gov/r6 a-amend/validate. do and enter the following authentication code: 478708 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: 7 ___ Community and Development ServiBY. Services ITEM Planning Division` FINAL APPR VAL: NO: 1 9A Page 1 BY: Dean Andrew BY: ITEM: Ordinance No. 23-11142 Application #PDD22-1, filed by Kansas Wesleyan University, requesting a change in zoning district classifications from R-2 (Multiple — Family Residential) district to PDD (R-2) (Multiple — Family Residential) district and approval of a preliminary/final development plan for Phase I and Phase IA of the proposed Coyote Row (tiny home student housing village). The property that is the subject of this application is located at the southwest corner of Highland Avenue and Claflin Avenue and is legally described as Lots 75, 77, 79, 81 and 83 on Highland Avenue, the Grounds of Kansas Wesleyan University an addition to the City of Salina, Saline County Kansas. [Under Kansas law, pending Application #PDD22-1, requesting the rezoning of a 30.018 sq. ft. tract of land located at the southwest corner of Highland Avenue and Claflin Avenue. 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 prior to the final public action on the application.] BACKGROUND: The property that is the subject of this rezoning application is located on the southwest corner of Highland Avenue and Claflin Avenue. The property is legally described as Lots 75, 77, 79, 81, and 83 on Highland Avenue, in the Grounds of Kansas Wesleyan University, an addition to the City of Salina, Saline County Kansas. The Grounds of Kansas Wesleyan University was platted in 1886. With the exception of 1608 Highland Avenue, the entire zoning lot is vacant. According to the Salina County Appraiser's office property records, the house at 1608 Highland Avenue is a two story building that was constructed in 1920. In the spring of 2021, KWU approached City staff about a student housing project that would feature three (3) separate five (5) bedroom tiny homes that would function as student housing for KWU. The housing project proposed the construction of three (3) dwelling units on a single zoning lot (The East 100 ft. of Lot 75 on Highland Avenue in the Grounds of Kansas Wesleyan University) that was only 40 ft. wide and required multiple variances as well as a Conditional Use Permit in order for staff to approve a building permit based on Kansas Wesleyan's proposed construction plans. Following the approval of the requested variances by the Board of Zoning Appeals and Conditional Use Permit by the Planning Commission, KWU's contractor applied for a building permit to construct the three (3) buildings on the East 100 ft. of Lot 75 and a building permit for this three (3) building student housing project was issued on September 29, 2021. No construction activity occurred under CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION NO: ITEM NO: Page 2 this permit and the building permit expired. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: 110 M. -:10]VAM In July of this year, KWU's architect contacted the City about expanding the project from three (3) dwelling structures to seven (7) dwelling structures with the potential to expand to 10 dwelling structures in a unified student housing village on a larger tract of land. A Development Review Team (DRT) meeting was held on July 20, 2022 to discuss the expanded project and staff recommended that KWU pursue the creation of a Planned Development District for the project. Nature of Current Request The applicant, John Swagerty, KWU Director of Plant Operations, has filed an application, on behalf of Kansas Wesleyan University (KWU), requesting a change in zoning district classification from R-2 (Multiple — Family Residential) district to PDD (R-2) (Multiple — Family Residential) district and approval of a preliminary/final development plan for an expanded student housing village to be known as Coyote Row. A December 6, 2022 public hearing before the Planning Commission was set for this application which was rescheduled to December 20, 2022. The proposed location of the student housing village is the southwest corner of Highland Avenue and Claflin Avenue. The plan covers five (5) platted lots instead of the one lot originally proposed. The property is currently zoned R-2 (Multiple -Family Residential). The R-2 zoning district requires all dwelling units to be set back from the front yard property line at least 25 ft. and requires all dwelling units to be separated from other dwelling units by at least 15 ft. Zoning Ordinance (Section 42-61) also states that no more than one (1) principal residential structure shall be located on a single zoning lot, except as may be permitted by Article VII of this Chapter relating to a planned development district. This plan proposes up to 10 residential structures on a single zoning lot. The proposed Preliminary Development Plan submitted by the applicant, features a Phase I plan that would be executed immediately and a future Phase IA plan that would be deferred to a future date. The Phase I plan involves restoration of the existing dwelling at 1608 Highland and the Phase IA plan involves its removal. The Preliminary Development Plan for first phase (Phase 1) of the proposed Coyote Row student housing village shows seven (7) new 556 sq. ft. single-family dwelling units, each with five (5) bedrooms. Based on the proposed development plan, several of the dwelling units are proposed to be located less than 25 ft. from the front property line, with the north dwelling unit being only 10 ft. from the Claflin Avenue property line. Additionally, the development plan also shows several of the dwelling units being separated by only 10 ft. Staff has determined that in order for the new dwelling units to be constructed in the locations they are shown on the proposed development plan, both front yard setback variations/modifications and side yard setback variations/modifications to the R-2 district regulations would be required. To address the required setback variations, KWU is proposing to rezone this 30,018 sq. ft. site from R- 2 to a Planned Development District with R-2 as the underlying zoning. Specifically, KWU is asking AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: M the City Commission to approve modifications to reduce the required front yard setback from 25 ft. (the minimum front yard setback in R-2) to 10 ft., to reduce the required minimum separation distance between two (2) dwelling units from 15 ft. (the minimum side yard separation distance between two structures) to 10 ft. and to allow multiple residential structures to be located on a single zoning lot. In addition to the seven (7) new dwelling units in Phase I of Coyote Row, KWU also proposes retaining the existing 1,245 sq. ft. single-family dwelling at 1608 Highland Avenue as university housing until KWU is ready to begin Phase IA. Phase IA proposes the demolition of the existing dwelling at 1608 Highland Avenue and replacing it with three (3) additional 556 sq. ft. single-family dwellings to match the units proposed in Phase I. Planned Development District Rezoning and Final Development Review Process The PDD process is generally a two-step process. Step one (1) is the filing of a preliminary development plan application and submittal of a preliminary development plan. The preliminary PDD sets out the development parameters and limitations for the site. A public hearing and recommendation by the Planning Commission is required. Approval by the City Commission is also required. If the applicant's preliminary development plan and request for rezoning is approved by the City Commission, step two (2) is coming back before the Planning Commission with a detailed final development plan. The applicant is requesting approval of a change in zoning district classification from R-2 (Multiple - Family Residential) district to PDD (R-2) (Multiple -Family Residential) district and approval of a combined preliminary/final development plan for a proposed Coyote Row tiny home student housing village on Lots 75, 77, 79, 81, and 83 on Highland Avenue, in the Grounds of Kansas Wesleyan University. Because of the level of detail provided on Kansas Wesleyan's plans, there is no reason to require coming back for approval of a separate final development plan for Phase I or Phase IA. Intent and Purpose of the R-2 District The R-2 district is designed to provide for multiple -family development at a minimum of three thousand (3,000) square feet per dwelling unit with the provision that no single lot may be less than six thousand (6,000) square feet in area (14.5 units/acre). Zoning Ordinance Requirements The following development standard applies to the number of structures and uses a single zoning lot may have: Section 42-61. Number of structures and uses on the zoning lot and access to the lot. (a) Not more than one (1) principal residential structure shall be located on a single zoning lot, unless permitted by the district regulations in which located, nor shall a principal residential AGENDA SECTION NO: ITEM NO: Page 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: 4W FINAL APPROVAL: building be located on the same zoning lot with any other principal building, except as may be permitted by article VII of this chapter relating to planned development districts. The following development standards apply to the establishment of new multi -family dwellings in the R-2 district: Section 42-173(3) states that multi -family dwellings are permitted as a conditional use in an R-2 district. A summary of the development standards for multi -family dwellings in the R-2 district area as follows: Minimum Lot Width: 60 ft. 149.86 ft. proposed average width Minimum Lot Depth: 100 ft. 200.19 ft. proposed average depth Minimum Area / Dwelling: 3,000 sq. ft. 3,752.25 sq. ft. in Phase 1 3,001.80 sq. ft. in Phase IA Maximum Lot Coverage: 40.00% 17.11 % in Phase 1 18.52% in Phase IA Building Setbacks — Claflin Avenue: 10 ft.* Front Yard Setback: 25 ft. Highland Avenue: 15 ft.* Side Yard Setback: 7.5 ft. from 10 ft. from side yard property lines property lines 15 ft. between 10 ft. between structures* structures Rear Yard Setback: 25 ft. None — Corner lots do not have rear yards Building Height: 35 ft. 22 ft. *Note — The bold text indicates the nonconforming features of the subject property that the City Commission must approve modifications for in order for the proposed development plan to be approved. Off -Street Parking: Two (2) off-street spaces per dwelling unit. All off-street parking must be paved. The KWU campus currently has a surplus of off-street parking spaces and is proposing to use the existing campus parking across the street to the north to provide off-street parking for the proposed student housing. Landscaping: The Landscape Regulations require multi -family developments within the city to provide landscaping in the front yard area and to buffer the proposed multi -family dwellings from adjacent single-family residential properties. Signage: Ground and/or wall signs allowed. AGENDA SECTION NO: ITEM NO: Page 5 Exterior Lighting CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. Maximum sign area — Maximum height — Required setback — Signs Prohibited — ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew 32 sq. ft. for an Identification Sign. 8 ft. for a freestanding ground sign. FISCAL APPROVAL: 13'/ FINAL APPROVAL: M 10 ft. for a freestanding ground sign. Pole signs Advertising signs Exterior lighting fixtures shall be aimed or shaded so that no direct light is cast towards any street traffic or any residential property Building Design: The R-2 district does not have any aesthetic requirements for buildings. However, Planned Development Districts have some general aesthetic standards but also give the City Commission the authority to review and approve the design, materials and appearance of new buildings. Waivers, Exceptions Requested by the Applicant In order for the proposed Coyote Row student housing village to be constructed as proposed, Kansas Wesleyan is requesting the following variations and modifications: 1. A reduction in the required front yard building setback of 15 ft. along Claflin Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 10 ft. to allow the proposed student dwelling units to be located within 10 ft. of the Claflin Avenue property line. Section 42- 175(2)a.1.A. 2. A reduction in the required front yard building setback of 10 ft. along Highland Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 15 ft. to allow the proposed student dwelling units to be located within 15 ft. of the Highland Avenue property line. Section 42-175(2)a. 1.A. 3. A reduction in the required minimum separation distance between two (2) dwelling units of five (5) ft. from 15 ft. (the minimum side yard separation distance between two residential structures) to 10 ft. to allow the proposed student dwelling units to be separated by a distance of 10 ft. Section 42-175(2)b.1. 4. A variation to the number of principal residential dwellings permitted on a single zoning lot from one (1) principal residential dwelling per zoning lot to allow 10 individual residential dwelling units to be located on a single zoning lot. Section 42-61(a). AGENDA SECTION NO: ITEM NO: Page 6 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: In FW ►_ :'':6114 M, 5. A variation to the front yard landscaping requirements to allow the proposed Crimson Sunset Maple trees to be located in the Claflin Avenue and Highland Avenue public rights-of-way in lieu of the front yard setback areas of the proposed Coyote Row property. The following development standard applies to the requested exception to the number of structures allowed on a single zoning lot: Section 42-61. Number of structures and uses on the zoning lot and access to the lot. (a) Not more than one (1) principal residential structure shall be located on a single zoning lot, unless permitted by the district regulations in which located, nor shall a principal residential building be located on the same zoning lot with any other principal building, except as may be permitted by article VII of this chapter relating to planned development districts. The following development standards are associated with the requested setback reductions for dwellings in the R-2 district: Section 42-175. Bulk regulations. Bulk regulations in the R-2 district are as follows: (2) Yard requirements: a. Front yard: 1. Property located adjacent to the following various types of streets shall maintain the following yard requirements regardless of whether it is a front, side, or rear yard, or any combination thereof: A. Residential street: twenty-five (25) feet from the property line or fifty- five (55) feet from the centerline, whichever is greater. B. Collector street: twenty-five (25) feet from the property line of fifty-five (55) feet from the centerline, whichever is greater. C. Arterial street: twenty-five (25) feet from the property line or seventy-five (75) feet from the centerline, whichever is greater. b. Minimum side yard: 1. Residential buildings: seven and five -tenths (7.5) feet on each side of the zoning lot (i.e. 15 ft. between structures) In reviewing the applicant's requested modifications, the City Commission may impose conditions and restrictions on the plan to ensure that appropriate development is produced and adverse impacts are avoided. AGENDA SECTION NO: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services ITEM Planning Division NO: Page 7 BY: Dean Andrew Suitability of the Site for Development Under Existing Zoning FISCAL APPROVAL: M, FINAL APPROVAL: This factor deals with the suitability of the property for development under the existing R-2 zoning and also whether the current zoning inhibits development or redevelopment of the property. The subject property is a vacant parcel on the west side of Highland Avenue, across the street from KWU's main campus. This vacant property has 149.96 ft. of frontage along Claflin Avenue and 200.29 ft. of frontage along Highland Avenue. While this site is zoned for single-family and two-family dwellings, the applicant views it as a prime site for additional student housing with multiple student housing units located on a single zoning lot, a village or cluster housing concept which would not be permitted under the current R-2 zoning. The applicant hopes to expand their campus to include this property and develop a student housing village (Coyote Row) that would provide additional student housing options for KWU students. The applicant states that the proposed dwelling units will provide needed student housing for 15 additional students. This is necessary as KWU is experiencing growing enrollment numbers and the City of Salina is currently experiencing a housing shortage. Staff agrees that the existing R-2 zoning district does not permit the applicant's vision for providing a clustered student housing village as the proposed Coyote Row development plan features multiple detached residential structures on a single zoning lot (the existing R-2 zoning does not permit multiple detached dwelling units on a single zoning lot). The existing R-2 zoning district also prohibits dwelling units from having front yard setbacks of less than 25 ft. feet and side yard separation distances between dwelling units to be less than 15 ft. The proposed zoning map amendment from R-2 district zoning to PDD (R-2) district zoning would allow KWU to construct the proposed Coyote Row student housing project as proposed which would add student housing on the KWU campus. This would help alleviate some of the housing demand for KWU's growing student population by providing a unique housing product. It would also put a vacant, underutilized property into a productive use which would support the college campus. Character of the Neighborhood This factor deals with whether the requested PDDR -2) zoning would be compatible with the zoning and uses of nearby property. The applicant states that they (KWU) already owns all of the adjacent properties and is working to develop a master housing plan to construct additional student housing on the west side of Highland Avenue. They state that the proposed dwelling units will enhance the appearance of the west side of the KWU campus by replacing older structures with modern dwellings. The proposed dwelling units are two-story which is similar to the previous structures on this property that were demolished and the existing neighboring buildings. The construction of the proposed AGENDA SECTION NO: ITEM NO: Page 8 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: W dwelling units is Phase I of a greater master housing plan for the west side of Highland Avenue. Staff would agree that KWU owns all of the adjacent properties and any adverse effects would primarily be on KWU's own land holdings. The proposed cottage style housing project is Phase I of a larger housing project. If the project goes well, KWU envisions replicating this housing pattern along the entire west side of Highland south of Claflin Avenue. Staff does not believe the number of housing units proposed, or the size and scale of the housing units proposed would dominate the immediate neighborhood. The proposed density (11.60 dwelling units per acre for Phase I and 14.50 dwelling units per acre for Phase IA) is consistent with the R-2 zoning designation and appears to be comparable to typical campus housing and compatible with the surrounding neighborhood. The KWU campus currently has a surplus of off-street parking. Some of that existing surplus KWU campus parking is proposed for use by the students living in the proposed student housing project. KWU has also recently added additional campus parking at the northwest corner of Claflin Avenue and Highland Avenue to accommodate the growth of their campus operations. The subject property has historically been used for housing and the proposed Coyote Row student housing project would continue that historic use, just in a different form. Therefore, staff believes the PDDR -2) zoning proposed by the applicant would be compatible with the zoning and uses of nearby property. Public Utilities, Storm Drainage and Services This factor deals with whether the proposed rezoning will 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. The City Commission must find that adequate utilities, drainage and other necessary facilities and services have been or will be provided. The applicant states that all existing utilities and drainage are in place and sufficient for the proposed housing project. Because this is infill development in an existing developed neighborhood that is already being served, staff agrees that approval of this zoning map amendment request should not create any additional burden on public utilities or generate any additional demand for public services. Water: This property is served by a six (6) inch water line to the east of the property in Highland Avenue. AGENDA SECTION NO: ITEM NO: Page 9 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ��' ►G ► �_'�: 11 1 Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: 1W FINAL APPROVAL: Sanitary Sewer: This property is served by a 10 inch sanitary sewer line to the north of the property is Claflin Avenue. There is also a 10 inch sanitary sewer line that runs north -south in the alleyway to the west of the property. Drainage: There is a 42 inch wide storm sewer line directly north of this property in Claflin Avenue and a 15 inch wide storm sewer line directly east of this property in Highland Avenue. The seven (7) proposed dwelling units in Phase I and Phase IA (Phase I = 5,137 sq. ft., Phase IA = 5,560 sq. ft.) will cover less area than the previous dwellings that were demolished and removed from the property (6,664 sq. ft.). Therefore, the impact on stormwater runoff and drainage should be a reduction when compared to the previous dwellings located on the subject property. The proposed dwellings should not overload the existing stormwater collection system. Conformance with Comprehensive Plan The Future Land Use Plan map in the Comprehensive Plan shows this area as Urban Residential. The Urban Residential land use classification is described as a land use that allows for a greater density of residential development, typically in the range of 8 to 20 units per acre in the form of single- family homes, duplexes, townhomes and multi -family residential housing. The plan identifies single-family dwellings and apartments (5 — 8 dwelling units per acre) as a primary use and single-family dwellings and apartments (8 — 20 dwelling units per acre) as a secondary use in the Urban Residential land use area. The applicant's plan has a proposed density of 11.60 dwelling units per acre in Phase I and 14.50 dwelling units per acre in Phase IA. Both Phase I and Phase IA, would have residential densities within the Comprehensive Plan's prescribed density range. As far as location criteria, the plan recommends that medium density housing be located: 1. At the edges of defined neighborhoods along arterials and minor arterials; or 2. As transitions to adjacent mixed-use centers or institutional uses. KWU's proposed cottage style student housing village is located on the west edge of the existing KWU campus and would serve as a transitional use between South 9t" Street and the main KWU campus. South 9t" Street is an arterial street and Claflin Avenue is classified as a minor arterial street between Santa Fe Avenue and South 9th Street. Preliminary/Final Development Plan Review — Coyote Row Student Housing Village KWU's architect has submitted a combined Preliminary/Final Development Plan for a proposed student housing village with seven (7) single-family dwellings shown in Phase I and three (3) AGENDA SECTION NO: ITEM NO: Page 10 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: additional single-family dwellings shown in Phase IA at the southwest corner of Claflin Avenue and Highland Avenue. In total, the proposed Preliminary/Final Development Plan proposes 10 separate single-family dwellings / cottages for student housing at full build out. KWU has named the proposed housing project Coyote Row. Lot Design The Coyote Row zoning lot is currently zoned R-2 and consists of Lots 75, 77, 79, 81, and 83 on Highland Avenue, in the Grounds of Kansas Wesleyan University, an addition to the City of Salina, Saline County Kansas. These lots form a corner lot which has frontage on Claflin Avenue to the north and Highland Avenue on the east. While single-family dwellings are permitted in the R-2 zoning district, Coyote Row is proposing to have seven (7) single-family dwellings in Phase I, with an additional three (3) dwellings in Phase IA, for a total of 10 dwelling units on a single zoning lot. The proposed dwellings would also have reduced front yard and side yard setbacks. In order to construct the proposed Coyote Row student housing village, the applicant is requesting a zoning map amendment from R-2 to PDD (R-2). The proposed Coyote Row zoning lot contains 30,018 sq. ft. (.69 acres). The Coyote Row site has an average width of 149.86 ft. and an average depth of 200.19 ft. Street Access and Desian The subject property is bordered by public streets to the north (Claflin Avenue) and east (Highland Avenue), with a 15 ft, wide public alley to the west. The proposed site plan is not showing any driveway entrances onto the Coyote Row property. The property will be accessed from private sidewalks connected to the public sidewalks along Claflin Avenue and Highland Avenue. Building Orientation and Site Information The proposed Coyote Row development plan features seven (7) building is Phase I with three (3) additional buildings in Phase IA. The proposed plan shows all 10 buildings having staggered building setbacks along Claflin Avenue and Highland Avenue. The closest proposed building setbacks along each street frontage are: Claflin Avenue: Highland Avenue: 10 ft. (25 ft. required) 15 ft. (25 ft. required) Each of the 10 buildings would be oriented toward the center of the Coyote Row student housing village where there is a shared common area. The proposed dwelling units would occupy 17.11% (5,137 sq. ft.) of the Coyote Row zoning lot after Phase I and 18.52% (5,560 sq. ft.) of the Coyote Row zoning lot after Phase IA. This is well below the R-2 district maximum of 40%. Total site coverage (including building and paving) after the completion AGENDA SECTION NO: ITEM NO: Page 11 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division FISCAL APPROVAL: In FINAL APPROVAL: 03 of both Phase I and Phase IA would be 36.19% (10,865 sq. ft.) meaning that 63.81% (19,153 sq. ft.) of the developed site would be open space / green space. Total Land Area - 30,018 sq. ft. (.69 acres) Building Area - 5,137 sq. ft. (After Phase 1) = 17.11% 5,560 sq. ft. (After Phase IA) = 18.52% (R-2 maximum = 40%) Sidewalk Paving - 3,939 sq. ft. (After Phase 1) = 13.12% 5,305 sq. ft. (After Phase IA) = 17.67% Landscaped Area / Open Space- 20,942 sq. ft. (After Phase 1) = 69.76% 19,153 sq. ft. (After Phase IA) = 63.81% Building Design The applicant has submitted elevation drawings of the proposed dwelling units for the City Commission's review. The proposed dwelling units are two (2) stories tall with an exterior consisting primarily of hardiplank smooth horizontal lap siding. The lap siding would be 7.25 inches wide. The front building elevation and the left side elevation each feature doors that are covered by roof structure that extends over the building entrance. The front elevation also features two (2) second story windows, with the left and right side elevations having one (1) window on the main level and the rear elevation having two (2) main level windows and two (2) second story windows. The proposed building has a single pitched roof that is decked with standing seam metal panels. The roof is sloped from front to back and would have a gutter and down spout system on the rear side of the building. The PDD (R-2) zoning district requires building elevations to be submitted to the Planning Commission and City Commission for their review and approval. While the Zoning Ordinance does not have specific aesthetic standards, all primary buildings are required to have an attractive design and exterior finish. When KWU submitted plans with their 2021 Conditional Use Permit application they submitted color renderings. No information has been provided about the proposed building and roof colors. At the Planning Commission hearing representatives of Kansas Wesleyan stated that they did not have colors selected yet for the individual buildings but that the buildings would have standing seam metal roofs that would be bronze in color. The City Commission will need to review and find that the proposed exterior building elevations demonstrate a high-quality visual appearance. Off -Street Parking The Zoning Ordinance requires residential dwellings to provide two (2) off-street parking spaces per AGENDA SECTION NO: ITEM NO: Page 12 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: dwelling unit. The proposed development plan shows 10 total dwelling units at the completion of Phase IA. As a result the Coyote Row student housing village would be required to have 20 off-street parking spaces for residents. KWU recently (2021) added 54 new off-street parking spaces on the north side of Claflin Avenue, across the street (the northwest corner of Claflin Avenue and Highland Avenue). Prior to the construction of these new parking spaces, KWU was determined to have a campus wide surplus of 84 parking spaces on their campus. The 54 new off-street parking spaces has increased KWU's surplus parking from 84 parking spaces to 138 surplus parking spaces on their campus based on total campus wide requirements. KWU is not proposing to construct any additional off-street parking as part of the Coyote Row student housing project. Rather, KWU plans to make general KWU campus parking available to Coyote Row residents in the newly constructed 54 space off-street parking lot on the north side of Claflin Avenue. This would be the parking lot that most students living in Coyote Row would use. Landscaping and Buffering Required landscaping for the Coyote Row student housing village is based on the depth of the zoning lot and the lineal distance of street frontage the zoning lot has. The Coyote Row zoning lot is 200 ft. deep with 350 ft. of total street frontage along Claflin Avenue and Highland Avenue. Properties over 150 ft. in depth are required to provide 15 sq. ft. of front yard landscaping area per lineal foot of street frontage. Corner lots with multiple street frontages receive a 30% reduction in the amount of front yard landscaping that the property is required to provide. Based on the street frontage and the depth of this lot, staff has determined that 3,675 sq. ft. (350 ft. x 15 sq. ft. = 5,250 sq. ft. x 70% = 3,675 sq. ft.) of landscaped front yard area would be required on this site (after Phase IA is complete) under the City's landscaping regulations. The proposed plan shows 5,585 sq. ft. of green space area within the front yard setback area along Claflin Avenue and Highland Avenue at the completion of Phase I. The Coyote Row development plans show an additional 1,533 sq. ft. of green space area within the front yard setback area along Highland Avenue being added in Phase IA. At the completion of Phase IA, Coyote Row would be proposed to have 7,118 sq. ft. of front yard green space. The Landscape Regulations also require one (1) tree unit for every 500 sq. ft. of required landscaping area. This means that based on the 3,675 sq. ft. of required front yard landscaping area, Coyote Row is required to provide seven (7) total tree units (a tree unit equals 1 shade tree or 3 ornamental trees). The Preliminary Development Plan shows a conceptual landscaping plan for both Phase I and Phase IA, but does not identify specific plant varieties. To address the specific varieties of proposed plantings, the applicant has submitted a Landscaping Plan for Phase I (but not Phase IA). The proposed Landscaping Plan for Phase I shows four (4) existing Crimson Sunset Maple trees (shade trees) located in the Claflin Avenue public right-of-way (between the sidewalk and street curb) and another four (4) new Crimson Sunset Maple trees located in the Highland Avenue public right-of-way CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION NO: ITEM NO: Page 13 (between the sidewalk and street curb). Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: M FINAL APPROVAL: M The Landscaping Regulations require that these plantings be on private property unless there are site conditions or obstructions that prevent them from being placed on private property. KWU has not indicated why the proposed shade trees are located in the public right-of-way instead of the proposed Coyote Row property. While these trees are not located within the front yard setback area, if the City Commission were willing to count these trees toward meeting the front yard landscaping requirements, the Phase I Landscaping Plan would be credited with providing a total eight (8) shade trees, which would meet the minimum number of required tree units for both Phase I and Phase IA. While Claflin Avenue and Highland Avenue have extraordinarily wide rights-of-way (110 ft. for Claflin Avenue and 90 ft. for Highland Avenue), which results in extra wide green space between the street curb and property lines, KWU has not provided any explanation or justification as to why the trees cannot be located in the "front yard" area on their own property (the project site). In addition to the existing and proposed Crimson Sunset Maple trees, the Phase I Landscaping Plan is proposing various shrubs and ornamental grasses at the sidewalk entrance into Coyote Row at the southwest corner of Claflin Avenue and Highland Avenue. The Landscaping Plan also shows shrubs around the perimeter of each of the proposed dwelling units and three (3) ornamental trees (Cleveland Select Flowering Pear) in the center common area shared by all of the Coyote Row residents. In total the Phase I Landscaping Plan proposes eight (8) shade trees (located in the public right-of-way), three (3) ornamental trees, 116 shrubs and 39 ornamental grasses. Staff would note that the Landscape Regulations require multi -family residential developments, specifically developments with 3 or more dwelling units in one building, to be buffered and screened from adjacent single-family residential developments. The proposed Coyote Row development is a multi -family development project in that it contains multiple dwelling units on a single zoning lot. However, none of the Coyote Row buildings would contain more than one (1) dwelling unit. Because the applicant is proposing a PDD, the City Commission has the discretion to determine whether a landscape buffer should be required along the south property line of the Coyote Row property. Typically, a landscape buffer consists of a 15 ft. wide strip of landscaping containing one (1) shade tree and five (5) shrubs (or 2 ornamental trees and 5 shrubs) for every 50 ft, of length of the buffer as well as a six (6) ft. tall solid screening fence along the property line adjacent to single-family residential dwellings. Signage If the Coyote Row property is rezoned to PDD (R-2), the property would be subject to the R-2 sign regulations which allow one (1) ground sign and two (2) wall signs per zoning lot. The maximum sign size allowed for an identification sign is 32 sq. ft. In this case, the proposed preliminary development plan does not appear to be proposing any signage. AGENDA SECTION NO: ITEM NO: Page 14 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew All signs require a sign permit (separate from a building permit) prior to installation. Site Plan Review Process FISCAL APPROVAL: FINAL APPROVAL: M (a) The City staff shall review the site plan to determine compliance with city ordinances, regulations and policies. (b) The Planning Commission shall review the plan to determine if it demonstrates a satisfactory quality of design and compatibility with other uses and structures in the neighborhood. (c) The Planning Commission shall prepare and transmit to the City Commission its findings with respect to the extent to which the site plan complies with the parking, signage and landscaping regulations and policies of the City as well as the development standards of the zoning district in which it is located. The Planning Commission shall either: (1) Approve or disapprove the plan as submitted; or (2) Approved the plan subject to certain revisions or conditions; or (3) Recommend that the plan be resubmitted to the Planning Commission after substantial revisions to the plan are made. Planning Commission Recommendation The Salina City Planning Commission conducted a public hearing on this PDD application on December 20, 2022. Following presentation of the staff report, comments from Kansas Wesleyan's representative and comments from the public, the Planning Commission made two (2) recommendations: Recommendation No. 1 The Planning Commission voted 7-0 to recommend that the Zoning Map of the City of Salina be amended to change the zoning classification of this corner lot from R-2 to PDD R-2 as requested by the applicant, including four (4) of the five (5) requested variations/modifications to the zoning regulations, but not including the request to locate the project landscaping in the right-of-way instead of the project site. The Planning Commission made the following findings in support of their recommendation: 1. The Property is more suitable for multi -family university student housing than single-family and two-family residential uses allowed by the current R-2 zoning district due to its proximity to the main KWU campus. 2. The rezoning request area is adjacent to existing U zoned property to the east and R-2 AGENDA SECTION NO: ITEM NO: Page 15 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: HN FINAL APPROVAL: W to the south, so the requested PDD (R-2) zoning would be compatible with the zoning and uses of nearby properties and serve as a transition buffer between the U zoning of KWU's main campus and the nearby residential properties. 3. Needed public utilities and streets are already in place to serve the needs of the rezoning request area. 4. The Property is located within an Urban Residential land use area, and the proposed zoning and residential density is supported by the Future Land Use Plan map in the Comprehensive Plan. Recommendation No. 2 At the conclusion of the public hearing, the Planning Commission also voted 7-0 to recommend approval of a preliminary development plan for the proposed Coyote Row student housing village at the southwest corner of Highland Avenue and Claflin Avenue subject to the following conditions: 1. The property owner shall revise the Preliminary/Final Development Plan to show all proposed front yard landscaping being located within the front yard setback area on KWU's Coyote Row project site, with any plantings located in the public right-of-way being classified as voluntary campus streetscape beautification and not constituting part of the required front yard landscaping for the project. 2. The property owner shall submit a revised Landscape Planting Plan showing the location, types and varieties of the specific plantings being proposed for Phase I and Phase IA for staff's review and approval prior to issuance of a building permit. The revised Landscape Planting Plan shall show the location of all proposed front yard landscaping being located within the front yard setback area on KWU's Coyote Row property. Landscaping on the Phase IA portion of KWU's Coyote Row property may be deferred until it is developed. 3. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved final development plan shall be completed prior to occupancy of the buildings and shall be the responsibility of the property owner. 4. The project shall be completed in substantial conformance with the approved final development plan, landscape plan and associated building elevation drawings which are hereby incorporated by reference. 5. A building permit for this project shall be obtained within 18 months of site plan approval. FISCAL NOTE: There will be no direct fiscal impact on the City as a result of this zoning action. AGENDA SECTION NO: ITEM NO: Page 16 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: L3'� FINAL APPROVAL: M COMMISSION ACTION: Staff has identified the following alternatives for the City Commission's consideration of this zoning request: 1. If the City Commission concurs with the findings and recommendation of the Planning Commission, Ordinance No. 23-11142 rezoning the southwest corner of Highland Avenue and Claflin Avenue to PDD R-2 should be approved on first reading. (This action would require three (3) affirmative votes). 2. If the City Commission disagrees with the recommendation of the Planning Commission, it may return this item to the Planning Commission together with the reason for its disagreement. [An example would be if the City Commission believes the proposed building setbacks or density are inappropriate.] (This action would require three (3) affirmative votes). 3. The City Commission could postpone consideration of this rezoning application to a future meeting date to allow the applicant or staff to provide additional information. (This action would require three (3) affirmative votes). 4. The City Commission could approve Application #PDD22-1, filed by Kansas Wesleyan University, with the requested modification to the Landscaping Regulations to allow the required front yard landscaping to be located in the Claflin Avenue and Highland Avenue right- of-way instead of the project site if the required findings can be made. (This action would require four (4) affirmative votes because it is contrary to the recommendation of the Planning Commission). 5. The City Commission could overturn the recommendation of the Planning Commission and deny Application #PDD22-1, filed by Kansas Wesleyan University, provided there are four (4) votes in support of denial. The Commission would also need to adopt alternative findings in support of a denial. As to the proposed preliminary development plan, it is linked to the ordinance rezoning this property. The City Commission may approve it as proposed, approve it subject to minor revisions or send it back to the Planning Commission to allow major revisions to be made. Encl: Application Vicinity Map Surrounding Zoning Map Site Survey Preliminary Development Plan Landscaping Plan Building Elevations Excerpt of 12/20/22 PC Minutes Ordinance No. 23-11142 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION NO: ITEM NO: Page 17 CC: John Swagerty, Kansas Wesleyan Ken Oliver, Kansas Wesleyan Johnnie Adam, A+ Architecture Justin Owens, Kaw Valley Engineering ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: W Cityot ur It, Na Rik C Planning &' Community Develotument Publication Date November 15, 2022 Application No. #PDD22-1 Hearing Date December 6, 2022 Date Filed November 2, 2022 Vicinity Map I KG Filing Fee $550.00 Ownership Certificate I KG Receipt No. 1. Applicant's Name John Swagerty - Kansas Wesleyan University 2. Applicant's Address 100 E. Claf lin Avenue 3. Telephone (daytime) 785-833-4323 E -Mail Address John.swagerty@kwu.edu 4. Project Name Coyote Row (Tiny Home Student Housing) 5. Owner's Name Kansas Wesleyan University 6. Owner's Address 100 E. Claflin Avenue 7. Legal Description of Property to be developed (attach additional sheets if necessary Lots 75, 77, 79, 81, and 83 on Highland Avenue, The grounds of Kansas Wesleyan University, City of Salina, Saline County, Kansas. (See attached survey) 8. Approximate Street Address 1600 Block of Highland Avenue 9. Area of property (sq ft Wor acres) 30,018.12 sq. ft. (.69 acres) 10. Present Zoning 11. Proposed Zoning PDD (R-2) Use Residential Dwellings and Vacant Properties Use Residential Student Housing 12. Is the P.D.D. to be utilized in conjunction with another zone or independently? R-2 Zoning 13. Are there any covenants of record which affect the proposed development? (attach copy) 14. List reasons for this request (attach additional sheet if necessary) 1KWU is proposing to construct a student housing village with seven (7) single-family dwellings 15. Anticipated time period for substantial completion One Year 16. Total ground area occupied by buildings (sq.ft.) 556 sq. ft. x 7 =3,892 sq. ft. + 1,245 sq. ft. =5,137 sq. ft. / 30,018 sq. ft. =17.11 % Lot Coverage 17. Describe any non-residential uses proposed All structures will be residential dwellings for KWU student housing 18. Number of housing units provided Single family Applicant Signature 8 Multi-familv - 0 Owner(s) Signature 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 Mailing Address, City, State, Zip Telephone (Business) and E -Mail PLF — 046, Application -Preliminary PDD, Rev. 10-2005 Kansas Wesleyan University Student Housing Project Narrative: The seven (7) proposed dwelling units will provide needed student housing for 35 additional students. Kansas Wesleyan University has a growing student population and has a need for additional student housing. There is also a housing shortage in Salina. KWU already owns all of the adjacent properties and is working to develop a master housing plan to construct additional housing on the west side of Highland Avenue. The proposed dwelling units will enhance the appearance of the west side of the KWU campus by replacing older structures with modern dwellings and improve existing KWU owned properties with exterior improvements (painting) to tie in the two housing areas. The combined building footprint of the seven (7) proposed dwelling units is 3,892 sq. ft. (556 sq. ft. x 7). The proposed housing units will cover 13% of the total lot area of 30,018.12 sq. ft. The proposed structures are two story dwellings similar to the previous, structures, and the existing housing to the south. The initial phase of seven housing units is the beginning of a proposed master housing plan on Highland Avenue. Approval of this student housing project will allow for an improved visual area in and around the campus by providing more lighting and safer areas to traverse throughout the neighborhood. KWU in keeping with its tree campus USA designation, will also plant three ornamental trees in the housing area to go along with the four previously planted trees along Highland Avenue. The proposed houses will be energy efficient to allow KWU to continue lowering the carbon footprint of the university. No changes to the existing street network are being proposed. The proposed development plans include the removal of existing curb -cuts and driveways on the property. Students will be using the new campus parking area across the street resulting in a reduction of on -street parking in the area, allowing better traffic flow throughout. Application #PDD 22-1 Filed by Kansas Wesleyan University Variations and modifications being requested: 1. A reduction in the required front yard building setback of 15 ft. along Claflin Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 10 ft. to allow student dwelling units to be located within 10 ft. of the Claflin Avenue property line. 2. A reduction in the required front yard building setback of 10 ft. along Highland Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 15 ft. to allow student dwelling units to be located within 15 ft. of the Highland Avenue property line. 3. A reduction in the required minimum separation distance between two (2) dwelling units of five (5) ft. from 15 ft. (the minimum side yard separation distance between two residential structures) to 10 ft. to allow student dwelling units to be separated by a distance of 10 ft. 4. A variation to the number of principal residential dwelling units permitted on a single zoning lot from one (1) principal residential dwelling unit per zoning lot to 10 principal residential dwelling units. 5. A variation to the Landscaping Regulations to allow the proposed Crimson Sunset Maple trees to be located in the Claflin Avenue and Highland Avenue public rights- of-way in lieu of the front yard setback areas of the proposed Coyote Row property. Application #PDD22-1 �,- 4 7-Ti" f Filed by +� __ xeVe' Kansas Wesleyan University `I If OL ���� i.-_ "3k� i� 4 i .ia F� - :'4?c+l� , . �- e_ +3.. 'ly'T,oA!► - r.` C t ' i N .KIK N" I � 4 I O_xic f�rl`�� i e'st ea CIA in Ave j p Z I ,;'i 1 a{ ff I `rayt r �� i• t, WoodlAve +� , c I;�i • �I ate., � ..'�.!.� i�' �'� C1T''{ `�,> :. - �-r �r r1fl. l-11.,� � �.. _- �a � u-��,• ) �''+jI of ' .T ;P ,y, ti�r.3 :.'i'�..t_ ,x•_. ., v:v. 'atri�io+k.. _. _'s.• 1lR;► -""f' Cloud St T, R S f �, r rl� r ='t � T���. 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EP OIL }' E a 7 in State vls . -1 o4G N d E . �. 0 1 OF 1 R=1 C-3 C-5 MC� lawn Ave PC -5 1 inch = 200 feet Jewell Ave R-1 C-3 Kirwin Ave —i R-2' -1 Application #PDD22-1 Filed by Kansas Wesleyan University C-3 I III Request Area u R-1 Attachment Site Survey Ld D >- � Zh B2 w U) > of' Q Ld 6 gg �gb` ca y<4 • Z 33W�' $'� Z x 3 F W ti2 z Z 8 6 E] 0 o =F >- y a < aiOe o w s=� G r) D 00 N O Q O a m� o o o= a BQ B << ^A e x „g< is k , O N - e �v . _ "<a mpG,� �< ZQ ZQ Z s 3r »� ad e6 ..Y J ° 8& B 121, �z oo o 00 L� U)�0 O aF 701 €=m € Q 0 ae rQ J -- _ _ _ _ _ _— �za rDU) O r w_ ilk k ! s (°,96'sr( (a),99t a .ZZ,0.69 s pa'ac Alii Vn.sn S$ ERR p pnt ' '�i_2 ••'/n+3!4.asiaau: - a },i� 9� 6 v Q'.. F j Ant Axi W • 50 i19 ,. o 'fi �� ees d 1. •.'d' c9'et a a a•ee MIDDI a :e Au Bn � 55 �d NM1306•atOyJd fid.. a , ..g�; B� tl I �j EE . Q 7-7 pEo d� 1 a a ' / � I e I 09 ae ia6 _ � a• �� 8. . 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I f ..D1 VE �• .I i 1 Attachment Utility Plans 20 40 md LE: 1' - 20' RIM = 1229.86 E IN(W) 10" VCP = 1225.76 III IN(S) 10" VCP = 1225.46 2 OUT(E) 10" `JCP = 1225 36 IQI TION OF EXISTING UTILITIES •Y ENGINEER OF POSSIBLE SANITARY SEWER RISER JUSTED AS REQUIRED TO CLAFUN AVENUE R/W- ASPHALT - - - - -Z SURFACE ------------------------- 0 1 GTS—=== --- ----=Cr ....a • ��_—.___—_---_. �\. MANN_OLE q't'r •:�(� C\ 1" WATER. MAIN SHOWN • I' *� PER CITY GIS MAP. _ t 2' 2 a 2 EI ` NOT LOCATED IN FIELD RIM 1235.15ICONCRET\ i r Swl 1., DRIVE RAMP 1 /RAMP 1Vr _ _ _ _ ,- �'1�.--'�-Tom--•U '------W . ° a' •t: ': _a ' CONCRETE WALK`. I • (!.. — —•— -- — -- — x`111 42.5' 90 91 82 I u \ 73 82 \ 84 84 73 I ti 71 91 z 510/ 70 7 70 71 I I 111 73 71 S =2" WATER MAIN SHOWN 1 PER CITY GIS MAP. NOT LOCATED IN FIELD , Sib ..,+3' 51 a. !.••'' . . .. _ 80 ( 83 nim = i<oo.io INSTALL RISER I:' fOP OF RISER=1230.80 k '• .:: 2: 70 1 `• ONE 73 91 m 84 FAM LOT 78 to r' /OJ 84 73 LOT i FL 10" MAIN61225.8 72 6" SERVICE UNE=1226.24 S C 70 INSTALL RISER AT TOP OF RISER -1232.2D !t"•,; ` TM 5)'(1: ti to EXISTING BUILDING 64 91 1 qG 1 3 •��I! 1 w 84 C e1E .: I p 73 1; +. 90 91 �`'3 I• � � III \ 84 Ii l 82 _ 73 I . i _ I INLET WITH STORM 1325.48 29.7' I ••. 'I. 2" WATER MAII ( PER CITY GIS I (�WCONALJ(CRETE 1•' j it I / NOTLOCATED 6" WATER MAIN S GPER CITY GIS MAI II'•I I- Imo. IIT— 1 •1 NOT LOCATED IN 'L Y. k4',I�• .j � III II MME TE I o I cv'^.'DRIVE;\ 1 "t '.DRIVE �I ONE m FAM EXISTING BUILDING 64 91 1 qG 1 3 •��I! 1 w 84 C e1E .: I p 73 1; +. 90 91 �`'3 I• � � III \ 84 Ii l 82 _ 73 I . i _ I INLET WITH STORM 1325.48 29.7' I ••. 'I. 2" WATER MAII ( PER CITY GIS I (�WCONALJ(CRETE 1•' j it I / NOTLOCATED 6" WATER MAIN S GPER CITY GIS MAI II'•I I- Imo. IIT— 1 •1 NOT LOCATED IN 'L Y. k4',I�• .j � III II MME TE I o I cv'^.'DRIVE;\ 1 "t '.DRIVE �I 3. NEW BUSINESS Public Hearing Items ® Quasi -Judicial Matters (3.1) Application #PDD22-1, filed by Kansas Wesleyan University, requesting a change in zoning district classifications from R-2 (Multiple — Family Residential) district to PDD (R- 2) (Multiple — Family Residential) district and approval of a preliminary/final development plan for Phase I of the proposed Coyote Row (tiny home student housing village). The property that is the subject of this application is located at the southwest corner of Highland Avenue and Claflin Avenue and is legally described as Lots 75, 77, 79, 81 and 83 on Highland Avenue, the Grounds of Kansas Wesleyan University an addition to the City of Salina, Saline County Kansas. Mr. Andrew presented the staff report with visual graphics which are contained in today's meeting packet. Chair Mikesell asked the Commission if there were any questions for staff. Commissioner Alt asked if the house to the south that still stands will be a part of Phase II. Mr. Herrs stated that the house to the south will remain in place during Phase I but will be removed as part of Phase II. Commissioner Alt stated that he drove by the site and that it doesn't seem like all of the structures will fit on the site. Mr. Herrs stated that it is a pretty dense development but that is not uncommon for student housing. He said that the building site is about 30,000 sq. ft. but it is less than an acre. Commissioner Hay asked if we have ever approved something where there is more than one living unit per lot. Mr. Herrs stated that there are a number of Planned Development Districts that have multiple dwelling units on a single lot. Mr. Andrew gave the example of the Salina Housing Authority property on Tulane Court, which is a single platted zoning lot but has eight (8) single-family residences on it. He stated the way that it is set up is that there is a single land owner so the residents do not own individual lots. He added that there is similar example on Osage Court across from Sunset Park. He stated that it is fairly unusual but there are examples in Salina, including some townhome developments. This is often referred to as cluster housing. Commissioner Hay stated that, although this is student housing, we could be looking at multiple places in Salina with tiny homes. PLANNING COMMISSION I MINUTES December 20, 2022 Page 2of11 Mr. Andrew stated that if someone wanted to do something similar but was not Kansas Wesleyan University, they could do that through a Planned Development District as well. He stated that in this case a "village" is a good term as it is owned and maintained by one entity, but it would not have to be student housing. A similar concept could work for housing for the general public. Commissioner Farber stated that the Board of Zoning Appeals has already met and approved variances for a proposal that decreased some of the setbacks. Do we know why the request today is for a 10 ft. setback off of Claflin Avenue? Mr. Herrs stated that when the previous proposal came before the Board of Zoning Appeals and the Planning Commission, the structures were aligned in a straight line. The new proposal has the structures staggered to create interest and some variety visually. He stated that the closest structure to the street is along Claflin Avenue and it is within 10 ft. of the front property line. He added that the Claflin right-of-way is 110 ft. wide and the Highland Avenue right-of-way is 90 ft., while the normal right-of-way for residential streets is 60 ft. Commissioner Ivey asked why they chose 15 ft. vs. 25 ft. for the setback and what the effect would be for this development. Mr. Hers stated that typically this would require a 25 ft. front yard setback, which would result in all residential structures being at about the same distance from the street. In this particular case, if you did not approve the setback reduction request it would push the dwelling structures closer to the common area which is the center of the village and would make it so the setbacks were not staggered. Commissioner Ivey asked what the reasoning is behind the requirement that residential dwellings be set back at least 25 ft. Mr. Andrew stated that we require a 25 ft. front yard setback in all residential districts but the big difference between this project and typical residential streets is that you have to accommodate driveways and motor vehicles in a typical residential neighborhood. In this case, all the parking is across the street and since they are not trying to accommodate parking over on this lot, the need for that amount of setback is much less. Commissioner Ivey asked if staff could explain the math behind the side yard setback request. Mr. Herrs explained that the request is for a reduction of 5 ft. from the minimum of 15 ft., which would allow a 10 ft. building separation. The 15 ft. in the code is based on the need to maintain a fire separation. Mr. Andrew stated that the Fire Department has weighed in on this request and does not have any concerns about the side yard setback request. Commissioner Olson asked if this project will be exempt from the off-street parking requirements and if the west side of Highland will be marked to not allow public parking. PLANNING COMMISSION I MINUTES December 20, 2022 Page 3of11 Mr. Andrew stated that this project is not exempt from off-street parking requirements but that the variation for Kansas Wesleyan is that they have historically been able to take credit for the marked spaces on Claflin Avenue and Cloud Street as part of their campus parking. He added that they do not get credit for any spaces on Highland. Kansas Wesleyan's off-street parking requirements are also met by their multiple satellite lots. He stated that the off-street parking requirements for these students is being met by the lot across the street from this proposed development. He continued that does not mean that they (the students) cannot park on the west side of Highland. Chair Mikesell invited the applicant to address the Commission. John Swaggerty, Director of Plant Operations for Kansas Wesleyan University, 100 E. Claflin, stated that in regards to the landscaping plan they were trying to coincide with what was done on the other side of Claflin Avenue by the parking lot by placing trees in the right-of-way. He stated that they do not have colors for the structures picked out yet but that they are using JC Builders as their general contractor and will use similar colors as his other developments. He added that another reason they want to stagger the properties is for privacy since the structures will be close together. Chair Mikesell asked about the roof colors. Mr. Swaggerty stated that they will be a bronze color and be steel -sided. Commissioner Olson asked if they are going to implement specific parking spots for these structures. Mr. Swaggerty stated that all students are registered with student parking. Commissioner Olson asked if they will have a specific parking permit for students living in this area. Mr. Swaggerty answered that is not in the plan as they do not have specific spaces for each student and that spaces are first come, first serve. Commissioner Farber asked if staff could bring up the aerial photo of the area so that they could see the trees along Claflin that Mr. Swaggerty was talking about. Mr. Herrs brought up the aerial and described the location that Mr. Swaggerty noted, but stated the aerial photos taken were taken before the parking lot was constructed. Mr. Swaggerty stated that they are a tree campus so they try to put as many trees on campus as they can. He added that they are not opposed to having trees in the front setback area but were just trying to keep the same aesthetic of across the street. Commissioner Hay asked Mr. Swaggerty if he has looked at the five (5) staff recommended conditions, to which Mr. Swaggerty answered no. Mr. Herrs reviewed the conditions listed on page 23 of the staff report. PLANNING COMMISSION I MINUTES December 20, 2022 Page 4 of 11 Mr. Andrew stated that by ordinance through the City Forester, the City becomes the responsible body for any trees in the public right-of-way. The landscape regulations require the front -yard landscaping to be located within the boundaries of the zoning lot and not in the right-of-way so that it the responsibility of the owner and not the City. A discussion ensued between Commissioner Alt and Mr. Andrew about the potential impacts if the landscaping is allowed to be in the right-of-way. Mr. Andrew explained that voluntary landscaping is allowed to be placed in the right-of-way but the Planning Commission has to approve it in lieu of project site landscaping if that landscaping is going to count towards the front -yard landscaping requirement for this development. Chair Mikesell asked if the Commission needs to be able to give the reasons for deviating from the code if they decide to let the landscaping in the right-of-way count towards the meeting the front yard landscaping requirement. Mr. Andrew answered yes. Chair Mikesell stated that there is one existing tree in the middle of the development and asked staff if they will get credit for that tree. Mr. Herrs stated that the tree is allowed but it does not count as it would need to be in the front yard (the 25 ft. along the street frontage on Claflin or Highland). Chair Mikesell asked if shrubs count towards the calculation. Mr. Herrs stated that up to 1/3 of the landscaping can be made up of shrubs the remainder has to be either shade or ornamental trees. Mr. Andrew stated that staff is not discouraging the existing, established trees from remaining in the Claflin Avenue right-of-way but that the question before the Commission is if there is any justification for counting those trees in the right-of-way towards meeting the front yard landscaping requirement instead of planting trees on the project site itself. Chair Mikesell asked Mr. Swaggerty if they can fulfill the requirement of the front yard landscaping being on their property by using both shade trees and ornamental trees as well as shrubs. A discussion ensued about some options that could be done with the plan. Commissioner Hay stated that we, as a city, have cut down so many trees and having those trees that Kansas Wesleyan University has planted is great. Chair Mikesell asked if staff can work with Mr. Swaggerty and the architect to take care of this during the permitting process. Mr. Herrs answered yes and stated that option is addressed in recommended conditions 1 & 2. He continued that any other street trees in the right-of-way would be part of the beautification of the campus. PLANNING COMMISSION I MINUTES December 20, 2022 Page 5 of 11 Mr. Andrew stated that part of the disconnect on this is that staff encouraged that we push to get plans for Phase I and Phase IA in front of the Commission so you could approve them at the same time to save some future time for Kansas Wesleyan. He continued that there are a number of drawings that depict Phase I only which makes it difficult for the Commission to see the ultimate result at full build out. Chair Mikesell asked if there were questions of the applicant. There were none. Chair Mikesell asked if there were comments or questions from members of the public in attendance. Jon Blanchard stated that he is a landscape architect with over 35 years of experience and has done a redevelopment plan for North Salina. He stated that he is a supporter of Kansas Wesleyan University and wanted to show his support for their cottage cluster development. He continued that these developments are popular in Pasadena, Portland, Seattle, and other places around the nation. He stated that he is appreciative of Commissioner Olson bringing up the potential parking permit problem as he knows individuals that own property in the area and they have a tough time finding on -street parking. He stated that in regards to deciding on findings for allowing trees in the right- of-way he wants to give the Commission a few options: (1) trees in the right-of-way are standard operating procedure and provide high value to cities; (2) street trees add to the form, function, and aesthetics of neighborhoods; (3) street trees provide shade for parked vehicles and paving; (4) street trees are a traffic calming device. He ended his comments by stating that landscape plans should not be dictated by formulas and calculations. He asked the Commission to revisit the landscaping ordinance and involve the local landscapers in that discussion. Mr. Andrew stated that staff agrees with Mr. Blanchard's comments about the importance of street trees, but the question before the Commission is whether those trees in the right-of-way should count towards meeting the "front yard" landscaping requirement or not. Chair Mikesell confirmed there were no further comments or questions from members of the public, closed the public hearing and brought this item back to the Commission for discussion and action. Commissioner Olson stated that he still has a concern about parking as he thinks there should be a certain spot for each person in this development. He added that the problem will only get worse as they move to the south. Ken Oliver, Executive VP of Kansas Wesleyan University, stated that if the plan continues and they move to the south, they are looking at converting the lot on the northeast corner of Cloud and S. 9th Street into fenced parking for another satellite lot. Chair Mikesell stated that enforcing certain student parking in certain areas could turn into an enforcement problem for the university. Mr. Andrew stated that rather than looking at parking for a single project staff has taken a campus approach to Kansas Wesleyan parking with a running total of campus spaces compared to the sum total of the need for parking for their facilities. PLANNING COMMISSION I MINUTES December 20, 2022 Page 6 of 11 --- MOTION: Commissioner Hay made a motion to recommend approval of Application #PDD22-1 with all requested variations, other than the request to allow landscaping in the right-of-way instead of the project site, in the staff report and the accompanying plans subject to staff's recommended conditions on page 23 of the staff report. SECOND: Commissioner Jones VOTE: Motion carried 7-0. Mr. Andrew stated that their recommendation will go before the City Commission on January 9, 2023. (3.2) Public Hearing on Applications #Z22-12 and #P22-3 filed by Beck's Hybrid Seeds. (a) Application #Z22-12, filed by Beck's Hybrid Seeds, requesting a change in zoning district classification from A-1 (Agricultural) to 1-2 (Light Industrial) to allow construction of a sales office and warehouse space. The subject property is a 15 acre tract of land located on the west side of North Ohio Street south of 1-70, directly south of Foley Equipment Company. (b) Request for concurrent site plan review and approval of proposed sales office and warehouse building for Beck's Hybrid Seeds on a site located in the North Ohio Overlay District at 2175 North Ohio Street. (c) Application #P22-3, filed by Beck's Hybrid Seeds, requesting approval of a preliminary plat of a one (1) lot plat of a 15.43 acre tract of land located on the west side North Ohio Street south of 1-70. (To be platted and known as Beck's Addition to the City of Salina.) Mr. Andrew stated that the applicant's representative has requested that consideration of these applications be postponed, but today's hearing has been advertised and the public hearing should be opened to allow any public comments to be received. Chair Mikesell asked the Commission if there were any questions for staff. There were none. Chair Mikesell asked if there were comments or questions from members of the public in attendance or via Zoom. Mr. Herrs confirmed there were no members of the public on Zoom to speak on this item. No public comments were received. Chair Mikesell closed the public hearing and brought this item back to the Commission for discussion and action. PLANNING COMMISSION I MINUTES December 20, 2022 Page 7 of 11 Summary published in The Salina Join°nal on , 2023 Posted on the City of Salina website from to , 2023 ORDINANCE NUMBER 23-11142 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: Lots 75, 77, 79, 81 and 83 on Highland Avenue, in the Grounds of Kansas Wesleyan University, an addition 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 is more suitable for multi -family university student housing than single- family and two-family residential uses allowed by the current R-2 zoning district due to its proximity to the main KWU campus. 3. The rezoning request area is adjacent to existing U zoned property to the east and R-2 property to the south, so the requested PDD (R-2) zoning would be compatible with the zoning and uses of nearby properties and serve as a transition buffer between the U zoning of KWU's main campus and the nearby residential properties. 4. Needed public utilities and streets are already in place to serve the needs of the rezoning request area. 5. The Property is located within an Urban Residential land use area and the proposed zoning and residential density is supported by the Future Land Use Plan map in the Comprehensive Plan. Section 2. Amendment. PLANNED DEVELOPMENT DISTRICT R-2 (Multi -Family Residential). The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property, as part of PLANNED DEVELOPMENT DISTRICT R-2, subject to the conditions of approval set forth in Section 3. Section 3. Conditions of Approval. Use of Lots 75, 77, 79, 81 and 83 on Highland Avenue shall be subject to all of the conditions, restrictions, and limitations applicable to planned development districts under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the development plan approved by the city commission, incorporated as part of this ordinance, and on file with the zoning administrator and/or city clerk and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the R-2 (Multi -Family Residential) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the R-2 (Multi -Family Residential) district, except as enumerated in sub -point 2 below. 2. Variations and modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows: a) A reduction in the required front yard building setback of 15 ft. along Claflin Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 10 ft. to allow student dwelling units to be located within 10 ft. of the Claflin Avenue property line. b) A reduction in the required front yard building setback of 10 ft. along Highland Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 15 ft. to allow student dwelling units to be located within 15 ft. of the Highland Avenue property line. c) A reduction in the required minimum separation distance between two (2) dwelling units of five (5) ft. from 15 ft. (the minimum side yard separation distance between two residential structures) to 10 ft. to allow student dwelling units to be separated by a distance of 10 ft. d) A variation to the number of principal residential dwelling units permitted on a single zoning lot from one (1) principal residential dwelling unit per zoning lot ten (10) principal residential dwelling units. Section 42-61(a). 3. Additional conditions. Development and use of the Property shall be subject to the following additional conditions: a) Development and use of the Property shall be limited to and shall be subject to all bulk regulations, use limitations and sign regulations applicable to the R-2 (Multi -Family Residential) district, except as enumerated in sub -point 2 above. b) The property owner shall revise the Preliminary/Final Development Plan to show the location of all proposed front yard landscaping being located within the front yard setback area on the Property, with any plantings proposed in the public right-of-way being classified as voluntary campus beautification and not constituting part of the required front yard landscaping for the project. c) The property owner shall submit a revised Landscape Planting Plan showing the location, types and varieties of the specific plantings being proposed for Phase I and Phase IA for staff to review prior to issuing a building permit. The revised Landscape Planting Plan shall show the location of all proposed front yard landscaping being located within the front yard setback area on the Property. Landscaping on the Phase IA portion of the Property may be deferred until it is developed. d) All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved final development plan shall be completed prior to occupancy of the dwelling units and shall be the responsibility of the property owner. e) The project shall be completed in substantial conformance with the approved final development plan, landscape plan and associated building elevation drawings which are hereby incorporated by reference. f) A building permit for this project shall be obtained within 18 months of site plan approval. 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. 23-11142 Summary On January 23, 2023, the City Commission passed Ordinance No. 23-11142. The ordinance changes the zoning district classification of property located at the southwest corner of Highland Avenue and Claflin Avenue as legally described in the ordinance to PDD R-2 (Planned Development District with underlying zoning of Multiple Family Residential) to allow the construction of the Coyote Row student housing village consisting of 10 dwelling units for Kansas Wesleyan University students and outlines the findings of the City Commission in support of the change in zoning. 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: January 9, 2023 Passed: January 23, 2023 Trent W. Davis, M.D., Mayor [SEAL] ATTEST: JoVonna D. Rutherford, City Clerk The publication summary set forth above is certified this day of January 2023. Greg A. Bengtson, City Attorney City of Salina, Kansas Wastewater Treatment Plant Improvements Owner's Representative KWPCRF Project No. C20 2049 01 Pay Applications - HDR Engineering Invoice No. Pay Period Amount Due 1200287217 March 9, 2020 - August 1, 2020 $ 33,474.11 1200293978 August 2, 2020 - August 29, 2020 $ 8,567.50 1200300491 August 30, 2020 - September 26, 2020 $ 11,588.75 1200306724 September 27, 2020 - October 24, 2020 $ 12,897.01 1200312823 October 25, 2020 - November 21, 2020 $ 17,672.50 1200320223 November 22, 2020 - December 26, 2020 $ 9,395.00 1200327393 December 27, 2020 - January 30, 2021 $ 10,926.25 1200333942 January 31, 2021 - February 27, 2021 $ 12,155.00 1200340214 February 28, 2021 - March 27, 2021 $ 7,828.75 1200346498 March 28, 2021 - April 24, 2021 $ 17,118.15 1200350389 April 25, 2021 - May 22, 2021 $ 7,472.50 1200359025 May 23, 2021 - June 26, 2021 $ 6,785.00 1200366534 June 27, 2021 - July 31, 2021 $ 2,340.00 1200371438 August 1, 2021 - August 28, 2021 $ 2,932.50 1200378980 August 29, 2021 - September 25, 2021 $ 11,337.50 1200386464 September 26, 2021 - October 23, 2021 $ 7,165.00 1200393084 October 24, 2021 - November 20, 2021 $ 6,041.25 1200400610 November 21, 2021 - December 25, 2021 $ 8,403.75 1200408607 December 26,2021 -January 29,2022 $ 37,318.75 1200415189 January 30, 2022 -February 26,2022 $ 41,183.59 1200423862 February 27, 2022 -March 26,2022 $ 17,808.75 1200432141 March 27, 2022 - April 23, 2022 $ 24,220.00 1200438643 April 24, 2022 - May 21, 2022 $ 15,046.25 1200444424 May 22, 2022 - June 25, 2022 $ 6,365.00 1200454585 June 26, 2022 - July 30, 2022 $ 35,658.59 1200460596 July 31, 2022 - August 27, 2022 $ 30,065.00 1200467746 August 28, 2022 - September 24, 2022 $ 21,955.00 1200474117 September 25, 2022 - October 22, 2022 $ 11,520.00 1200484818 October 23, 2022 - November 26, 2022 $ 7,294.46 Total: $ 442,535.91 AGENDA SECTION NO: 7 ITEM NO: Page I CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew'DA V110 FISCAL APPROVAL: M FINAL APPROVAL: BY: ITEM: Application #11-1,10-11H I Consider the acceptance of the offered street right-of-way, easement and restricted access dedications from Stone Lake Development, LLC (Kelly Dunn, Craig Piercy, Tod Roberg) to serve Stone Lake Addition No. 2, a proposed 48 lot subdivision of a 52.3 acre tract of land located east and south of the Stone Lake sandpit lake. This proposed residential subdivision is located at the southeast corner of South Ohio Street and Schilling Road. BACKGROUND: Stone Lake is a very flat 150+ acre piece of ground located at the northeast corner of Schilling Road and South Ohio Street. The West 34 acres along South Ohio Street was historically used for agricultural purposes. The East 116 acres was subject to a Conditional Use Permit for a sand mining operation conducted by Alsop Sand Co. which was approved by Saline County in 1995. The Conditional Use Permit was amended in 2002 to allow for an expended excavation area. The Conditional Use Permit expired when the sand mining operations ceased. In 2010, Alsop Sand Co. and Sparrowhawk Land Co. (Dane Barclay) retained the services of Jim Maes of ComPro Realty to assist with coming up with a plan for redeveloping the property with residential housing. There are two (2) primary features that impacted how the property could be laid out and developed (1) the city's southeast interceptor sewer line that crosses this property in an "L" shape east -west and then north -south, and (2) a 32 acre sandpit lake created by the Alsop Sand mining operation. At City's staff encouragement, the original developer designed a street (Shoreline Drive) over the top of the interceptor sewer line and this forms the backbone of the subdivision. Having a street over the top of the sewer line is preferable to having it located in yards on private property because the street insures that the line is open and accessible for maintenance by City crews. The Salina City Planning Commission met at a special meeting on April 1, 2010 and considered an application for approval of a preliminary plat of the Stone Lake Addition, a proposed 204 lot subdivision of the entire 150 acre tract of land located at the northeast corner of Schilling Road and Ohio Street. Following presentation of the staff report, comments from the applicant and discussion and questions by Commission members, the Planning Commission voted 6-0 to approve the proposed preliminary plat of the Stone Lake Addition subject to ten (10) conditions. The developer subsequently came back with a final plat that covered only 100 acres because Alsop Sand had not completed its sandpit reclamation work on the eastern and southeastern portions of this 150 acre tract. The final plat of the Stone Lake Addition, a 161 lot subdivision of a 100 acre tract located at the northeast corner of Schilling Road and South Ohio Street, was approved by the Salina City Planning Commission on July 6, 2010. The platted area of the Stone Lake Addition covers 100 acres of a 150 acre tract of land bordered by South Ohio Street on the west, Lakeview Estates (Knox Sandpit) on the AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: M north, the Johnson Sandpit on the east and Schilling Road on the south. Stone Lake is a mixed use subdivision which contains 154 residential building lots and seven commercial building lots. The zoning breakdown of the lots is as follows: • R (Single -Family Residential) — 20 lots • R-1 (Single -Family Residential) — 113 lots • R-2.5 (Multi -Family Residential) — 21 lots • PC -2 (Planned Neighborhood Shopping) — 6 lots • PC -5 (Planned Service Commercial) — 1 lot Phase I of the Stone Lake Addition was developed by Dane Barclay, the owner of Alsop Sand, Co. The first development phase of Stone Lake Addition contains 36 lots all but two of which are zoned R or R-1 (Single -Family Residential). Of the 34 residential buildings lots, 11 are lakeside lots. Of the 34 residential building lots in Phase I, 29 are built upon or have homes under construction. The only remaining vacant lots are lakeside lots. The second development phase of Stone Lake Addition consists of 17 lots located on the north side of the sandpit lake. These lots were purchased by Doug Bradley from the original developer Dane Barclay. On January 14, 2019 the City Commission approved the utilization of special assessment financing to finance construction of the public improvements needed to serve these 17 residential lots and authorized staff to prepare a Special Assessment Engineering Feasibility Report for Phase II. The City Commission approved a Resolution of Advisability and Authorization to form a benefit district for Phase II at its October 21, 2019 meeting. In 2019, Stone Lake Development, LLC (Todd Roberg, Kelly Dunn and Craig Piercy, Members) purchased all of the remaining lots in Stone Lake Addition from the original developer Dane Barclay. A total of 107 lots were included in the purchase. Of these lots, 21 lots (along Ohio Street and Schilling Road) are zoned R-2.5 (Multi -Family Residential) and 7 lots (along Ohio Street) are zoned commercial. The remaining 79 lots are zoned for single-family housing. Stone Lake Development, LLC proposed developing the remainder of the original Stone Lake Addition in three development phases (see attached map). Phase Ilia. would contain 41 lots; Phase IIIb. would contain 29 lots and Phase IIIc., which contains the commercial zoned lots, would contain 37 lots. On June 17, 2019, the City Commission authorized the use of special assessment financing to finance construction of the public infrastructure needed to serve the Phase III area and authorized staff to prepare a Special Assessment Engineering Feasibility Report for Phase III, The City Commission approved a Resolution of Advisability and Authorization and a development agreement with Stone Lake Development, LLC to form a benefit district for Phase 3a. at its October 21, 2019 meeting. Phases II and 3a. are currently under development. The City Commission approved a Resolution of Advisability and Authorization for Phase 3c. at its May 25, 2022 meeting. (A Stone Lake Phasing Plan Map is attached to this report). AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: M In April of this year Stone Lake Development, LLC submitted applications to plat and rezone the remainder of the Stone Lake property, including the remaining portion of the sandpit lake. On June 7, 2022, the Planning Commission conducted a public hearing on Stone Lake Development's rezoning and preliminary plat applications. The Planning Commission also conducted a public hearing on a request from Stone Lake Development, LLC to change several street names in the subdivision. At the Planning Commission's June 7 meeting, three actions were taken by the Planning Commission. 1) The Planning Commission voted 5-0 to recommend approval of a change in zoning district classification from A-1 (Agricultural) to a mix of R (Single -Family Residential), R-1 (Single - Family Residential) and R-2 (Multi -Family Residential) as requested by the applicant. 2) The Planning Commission voted 5-0 to approve a preliminary plat of this 52 acre tract subject to the following conditions: a. The developer shall be responsible for all public improvements shown on the preliminary plat and preliminary infrastructure plan drawings. These improvements must be made prior to the issuance of any building permits in this subdivision. b. All utilities in the subdivision shall be placed underground. c. The plat layout shall be revised to provide an emergency access road connecting Schilling Road to Shoreline Drive. Construction of this emergency access road shall be complete prior to the issuance of any building permits in the subdivision. DONE d. The City Engineer shall approve preliminary plans and specifications for the internal public streets, water and sanitary sewer line extensions and stormwater collection system needed to serve this subdivision prior to Planning Commission consideration of a final plat. Needed utility and drainage easements shall be provided on the final plat. DONE e. The applicant shall obtain a letter from the City Engineer approving the final storm drainage design plan and runoff calculations for this proposed subdivision prior to consideration of a final plat. DONE f. Section corner ties, subdivision and block corners and a curve data table shall be provided on the final plat. DONE 3) The Planning Commission voted 5-0 to recommend approval of the following street name changes: a. Crystal Lake Drive and Shoreline Drive North to North Shore Drive b. Shoreline Drive East to Pura Vida Drive AGENDA SECTION NO: ITEM NO: Page 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew c. Shoreline Drive South to Vista Sur Drive d. Shoreline Drive South to Malibu Drive Pura Vida Drive and Vista Sur Drive are in the new platted area. FISCAL APPROVAL: XW FINAL APPROVAL: M On June 27, 2022, the Salina City Commission approved an ordinance on first reading (Ordinance No. 22-11120) rezoning the lots in the proposed Stone Lake Addition No. 2 as follows: Lots 1-24, Block 1 zoned "R" Lots 1-10, Block 2 zoned "R-2" for townhomes Lots 1-7, Block 3 zoned "R-2" for townhomes Lots 1-7, Block 4 zoned "R-1" At that meeting, the City Commission also approved an ordinance (Ordinance No. 22-11121) changing the street names in Stone Lake as requested by Stone Lake Development, LLC. Nature of Current Request Stone Lake Development, LLC (Kelly Dunn, Craig Piercy and Tod Roberg) has filed an application (#P10-1 B) requesting approval of a final plat of a 52.29 acre unplatted tract of land located on the east side of the sandpit lake at the northeast corner of South Ohio Street and Schilling Road. There are 35.89 developable acres in the platted area, the remaining 17 acres is occupied by the lake. Stone Lake Development is proposing to plat the remaining unplatted ground east and south of the sandpit lake to create 48 lots for new single-family and two-family construction. The duplex/townhomes lots back up to Schilling Road. No public street connection to Schilling Road is proposed but the plat shows an emergency access connection to Schilling Road between Blocks 2 and 3. Storm drainage would be directed to the sand pit lake. Proposed street right-of-way and easement dedications and street and utility extensions are shown on the final plat drawing. This portion of the Stone Lake property was annexed into the city in 2010 but came into the city zoned A-1 because it was not part of the original development. This 52 acre tract is currently vacant and undeveloped because it was the last area to be reclaimed and restored by the former sandpit operator Alsop Sand Co. Subdivision Design The text amendment to Section 36-74 of 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 AGENDA SECTION NO: ITEM NO: Page 5 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: M 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 in order to assure: The safe and convenient movement of traffic within the subdivision and between adjoining subdivisions; 2. The safe and convenient movement of traffic to and from the subdivision via the existing and proposed system of thoroughfares and dedicated rights-of-way as established on the official street classification and/or major street plan: and 3. Access to and within the subdivision for fire and other public safety vehicles and equipment in accordance with applicable law. The Stone Lake Addition has two (2) platted public street access points Shoreline Drive which is in place and Crystal Place which will be constructed as part of the next development phase (Phase 3c). The Stone Lake Addition and proposed Stone Lake Addition No. 2 have almost one half mile of frontage on Schilling Road but no proposed street access points because of the current unimproved condition of Schilling Road. (Schilling Road is a county road which is owned and maintained by Saline County as part of an interlocal agreement between the City of Salina and Saline County). The 2010 preliminary plat for the entire Stone Lake Addition proposed an emergency access road connected to Schilling Road about where it is located on the proposed final plat. The proposed emergency access road easement is 60 ft. in width and is located between Lot 10, Block 2 and Lot 1, Block 3. City staff, including the City Fire Marshal, believe an emergency access point should be provided on Schilling Road not only to provide an alternative means of emergency access but also to provide an opportunity for a future street connection to Schilling Road should Schilling Road be paved at some point in the future. Planning staff has determined that the Stone Lake Addition subdivision directly abuts South Ohio Street that is a direct access perimeter street, that the Stone Lake Addition has two (2) public street connections to South Ohio Street and that South Ohio Street meets City street standards in its current condition. Stone Lake Addition No. 2 also has two public street access points which are 2,400 ft. remote from each other. Schilling Road does not meet City street standards and there is no plan in place to upgrade or annex Schilling Road east of Ohio Street because it is a County owned and maintained right-of-way. Because no physical street connection from Stone Lake Addition to Schilling Road is being proposed, approval of this plat would not trigger a need for the developers to upgrade the existing gravel surface on Schilling Road. Street Access and Design South Ohio Street is a four (4) lane City street. It is classified as an arterial street on the City's Street Classification Map. Ohio Street was rebuilt and widened in 2006 as part of a KDOT funded project. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 6 BY: Dean Andrew BY: Centennial Road connects to Magnolia Road to the north and Schilling Road to the south and currently carries 10,480 vpd between Schilling Road and Magnolia Road. The applicant has designed a street layout that generally conforms with the sandpit location and the existing topography on this site. The applicant's proposed plat shows an extension of Shoreline Drive south and west to serve the 48 proposed building lots creating a full loop around the sandpit lake. There is good internal connectivity with the Stone Lake Addition. There is more than one route that can be taken to reach each lot and there are no dead end streets proposed. Internal streets would all be public streets with curb and gutter and 33 feet of paving. All streets would have 60 feet of right-of-way. The street and right-of-way dimensions proposed for Shoreline Drive conform with City standards. As noted, an emergency access point has also been provided on Schilling Road. Proposed Street Names * Staff would note that the developers are proposing to change the name of the north -south street segment to Pura Vida Drive and the east -west to Vista Sur Drive. Vista Sur is misspelled as Vista Sun on the plat. Lot Design All lots and blocks have been numbered on the plat drawing. A total of 48 lots divided into four (4) individual blocks are proposed on the final plat. The existing lake area is being set aside as common open space. The lakeside lots are zoned "R" which has an 8,500 sq. ft. minimum lot size and a 30 ft. front yard setback requirement. The outer tier of lots are zoned R-2 (along Schilling Road) and R-1. These zoning districts have a 6,000 sq. ft. minimum lot size. All lots shown would have adequate frontage on and access to a public street. As shown the width, depth and area dimensions of all lots shown on the plat would meet or exceed the minimum standards of the district they're located in. It is staff's understanding that the developers may wish to split the lots to allow for individual townhome ownership. It does not appear that there would be any foreseeable difficulties, for reasons of topography or other conditions, in obtaining building permit to build on any of the proposed lots. Public Utilities and Services This proposed subdivision area can be served by the City's existing utility system. A sewer interceptor project serving south and east Salina was completed in 1992 and this interceptor brought sewer service to Stone Lake. A major water line construction project on Ohio Street that brought water service to this portion of the Ohio Street corridor was completed in 2005. Water — The applicant's design engineer is proposing to create an eight (8) inch water line loop followinq Shoreline Drive around the lake. Internal public water lines could be financed through REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 7 BY: Dean Andrew BY: creation of a benefit district with the developer putting up 20% of the cost in cash or a letter of credit for 35% of the cost. 2. Sanitary Sewer — The City of Salina has adequate capacity in its existing sanitary sewer system to accommodate development of this 52 acre tract. The city's interceptor sewer line runs in an "L" shape, first east -west then north -south through the portion of this property west of the sandpit and is adequate in depth and capacity to serve the annexation area. There is no impact fee or cost recovery fee associated with this sewer line. The interceptor sewer line is adequate in depth and capacity to serve the entire Stone Lake development. The developer will be responsible for extending needed public sewer lines to serve individual building lots. The applicant's design engineer is proposing to extend an eight (8) inch sewer line from the north to serve the lots east of the lake and an eight (8) inch sewer line from the west to serve the lots south of the lake. The entire 52 acre tract of land can be served by a gravity system. Internal lateral sewer lines could be financed through creation a benefit district with the developer putting up 20% of the cost in cash or a letter of credit for 35% of the cost. 3. Natural Gas — Kansas Gas Service has existing facilities in Shoreline Drive North (North Shore Drive) that will need to be extended to the south at the developer's expense to serve this proposed subdivision. 4. Electricity — Under the City of Salina's Subdivision Regulations all electrical lines serving this subdivision must be placed underground. This would not include high voltage lines or pre- existing overhead lines. Evergy has requested additional 10 ft. utility easements at a number of locations to allow them to loop their system and serve future street light locations. 5. Storm Drainage — The City's storm water management regulations require the developer to design a storm water drainage system to either accommodate or detain the additional runoff caused by development of the site (the difference between existing and developed conditions). The existing sandpit lake is more than adequate in size to accommodate post -development runoff from this subdivision. 6. Fire Protection — Fire response from Station #3, located at Belmont Blvd. and Key Avenue is about 5 minutes to the west entrance of the subdivision. 7. Police Protection — Provided by the Salina Police Department once the property is accessible by public streets. 8. Schools — Students in this proposed development would attend the following schools: Coronado School — Grades K— 5; South Middle School — Grades 6 — 8; Salina South 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. AGENDA SECTION NO: ITEM NO: Page 8 9. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. ORIGINATING DEPARTMENT: FISCAL APPROVAL: Community and Development Services BY: — Planning Division FINAL APPROVAL: BY: Dean Andrew I BY: Parks — This property is shown as being located in Neighborhood Park Service Areas #2 and 3 in the City's Neighborhood Park Plan. There are no Neighborhood Parks within this area. 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 two family dwellings. 10. Streets & Traffic — South Ohio Street provides street access to the Stone Lake Addition. Ohio Street was improved to City standards and widened to 4 lanes as part of a 2006 KDOT project. South Ohio Street carries 10,480 vpd north of Schilling Road. All traffic from the rezoning request area would enter and leave the area by passing through the Stone Lake Addition via Shoreline Drive. Using Institute of Traffic Engineers (ITE) trip generation rates, full development of this area with townhomes would generate 560 vehicle trips per day through the subdivision. Full development of this area with single-family homes alone would generate 480 vehicle trips per day. Easements and Dedications The applicant is proposing to dedicate all street right-of-way and improvements shown on the plat to the public for City maintenance. All proposed utility and drainage easements shown on the plat would be dedicated as public easements. City policy allows residential developers to either create a Homeowner's Association to own and maintain their detention pond or dedicate drainage right-of-way for the pond area to the City for perpetual maintenance. Stone Lake Development, LLC has created a Homeowner's Association to own and maintain the sandpit lake as Common Area. Required Public Improvements The developers of Stone Lake Addition No. 2 would be responsible for the following public improvements: Streets — Approximately 3,300 lineal feet of asphalt or concrete paving, 2 lanes, 33 feet wide with curb and gutter for all internal street extensions. Sidewalks — Sidewalks on both sides of Pura Vida Drive and Vista Sur Drive. Drainage — Design of any street inlets and stormwater pipelines or drainage swales needed to carry runoff from lots and streets to the sandpit lake. Utilities — Design and construction of internal water mains and public sewer lines need to serve individual building lots. WINKS-1214-filZ F.11 REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 9 BY: Dean Andrew BY: Special Assessments The developers of Stone Lake have indicated they will be seeking to utilize special assessment financing to finance the internal public improvements needed to serve Stone Lake Addition No. 2. Covenants Stone Lake Development, LLC has stated that lot owners in Stone Lake Addition No. 2 will become part of the existing Stone Lake Homeowner's Association and will be subject to the same covenants and architectural controls as the original subdivision. The developers indicate that the Homeowner's Association will maintain any green spaces/open spaces shown around the sandpit lake. Conformance with Comprehensive Plan Land Use Map - The City's Land Use Plan shows this area as being appropriate for Suburban Residential -type development and in a Primary Service Area for the extension of city utilities and services. The residential density of the development (up to 65 units on 35.89 developable acres) computes to 1.8 units per acre which is within the 4 to 8 units per acre density range in the Suburban Residential land use category. 2. Future Land Use Plan — The Growth and Development portion of the Plan states that new growth should occur in a contiguous manner adjacent to existing development supported by public infrastructure. In City staff's opinion, this proposed subdivision meets that criterion. 3. Connectivity Plan — South Ohio Street is shown as an arterial street and as a future complete street in the Comprehensive Plan. School children can reach Coronado Elementary School via a South Ohio Street pedestrian crosswalk. The USD # 305 has indicated there will be no bussing of students to Coronado Elementary. FISCAL NOTE: There will be no fiscal impact on the City as a result of this action, except for the ongoing maintenance of public streets, water and sewer lines following acceptance. Planning Commission Action The Planning Commission met on December 20, 2022 and reviewed the proposed final plat of the Stone Lake Addition No. 2. Following presentation of the staff report and comments from the applicant's representative, Kelly Dunn, the Planning Commission voted 7-0 to approve the final plat of the Stone Lake Addition No. 2 finding that the final plat conformed with the approved preliminary plat and all applicable codes and regulations of the City. Approval of the final plat of Stone Lake Addition No. 2 was made subject to the following conditions: 1. The developer shall be responsible for all public improvements shown on the preliminary plat CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 01/09/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM Planning Division FINAL APPROVAL: NO: Page 10 BY: Dean Andrew BY: and preliminary infrastructure plan drawings, including the emergency access road connecting to Schilling Road, through private financing or by petitioning for the creation of a benefit district. 2. All utilities in the subdivision shall be placed underground. The developer shall be responsible for providing the trenching, conduit and backfilling for the underground primary service. 3. Public sidewalks shall be installed on both sides of all internal public streets. (Pura Vida Drive and Vista Sur Drive) 4. The developer shall be responsible for coordinating with the Salina Post Office to identify community mailbox locations. A drawing depicting agreed upon mailbox locations shall be furnished to City staff for review and approval prior to installation. Community mailboxes must be in place prior to issuance of a Certificate of Completion for public improvements. 5. Final design plans for the proposed water, sanitary sewer, street and drainage improvements needed to serve this subdivision must be approved by the City Engineer prior to installation of any public improvements on the property. A Certificate of Completion for required public improvements must be issued by the City Engineer prior to the issuance of any building permits in this subdivision. 6. A lot grading / drainage plan for the subdivision shall be submitted to, reviewed and approved by the City Engineer. 7. A Homeowner's Association shall be formed to maintain the sandpit lake serving this subdivision or the existing Stone Lake Homeowners Association must be expanded to incorporate this area. COMMISSION ACTION: If the City Commission concurs with the action of the Planning Commission, a motion should be made to accept the offered street right-of-way, easement and restricted access dedications and to authorize the Mayor to sign the plat on behalf of the City. In the alternative, the City Commission could decline to accept the offered dedications and return this plat to the Planning Commission stating its reasons for not wishing to accept the proposed dedications. Attachments: Application Vicinity Map Final Plat Drawing Excerpt of 12/20/22 PC Minutes CC: Kelly Dunn, Craig Piercy, Tod Roberg Justin Owens, Kaw Valley Engineering PUBLIC WORKS DEPARTMENT�� TELEPHONE (785) 309-5725 Jim Teutsch, Director of Public Works FAX (785) 309-5713 TDD (785) 309-5747 Daniel Stack, P.E., City Engineer E-MAIL: iim.teutsch(a,salina.ore Jim Kowach, P.E., Operations Manager dan.stack(a,salina.ora 300 West Ash P.O. Box 736 `w'';' jim.kowach aasalina.or¢ WEBSITE www.salina-ks.eov Salina, Kansas 67402-0736 DATE: June 3, 2022 TO: Dean R. Andrew, Director of Planning and Zoning RE: Magnolia Hills Estates No. 3 FROM: Wayne E. Nelson, P.E., Civil Engineer Il Per Section 36-75 of the Salina Subdivision Regulations, the City Engineer's office has reviewed the storm drainage report prepared by Kaw Valley Engineering (KVE) for the Magnolia Hills Estates Addition No. 3. The size of this addition is approximately 46.8 acres. The pre -development conditions consists of six sub - watersheds that discharge at two outfall points. One discharge outfall, outfall "A", is the existing detention basin located at the northeast corner of the site. The existing basin discharges under Holmes Road through an existing double 6 `x 3' reinforced concrete box culvert (RCB). Twenty-seven acres of the site and another 123 acres of offsite area drain to outfall A. The existing 4% (25 -year event) has a runoff of 201 cubic feet per second (cfs). The second discharge point, outfall `B", discharges under Holmes Road via a 30" corrugated metal pipe (CMP). This outfall has a drainage basin of approximately 26 acres. The existing 4% event for area B has a discharge of 46 cfs. The developed conditions will redirect 20 acres of runoff from outfall B to the detention pond and outfall A, thereby reducing the 4% discharge rate at point B to 21 cfs. The combined discharge at points A & B are limited to the pre-existing conditions of 247 cfs. Magnolia Hills Estates Addition No. 3 will be directing 42 acres of their runoff through the detention pond that was built for the Magnolia Hills Estates Addition No. 2. This pond has the capacity to hold the additional volumes of runoff from Addition No. 3. The detention pond will have 2 ft. of freeboard for the 4% event and 1 ft. of freeboard for the 1 % event. The size of the existing double 6' x 3' RCB at point A restricts the discharge rate to 185 cfs. The combined post development rate of discharge for points A and B will be 206 cfs. Recommendation City Staff has reviewed the KVE report and the concepts proposed within. The methods used in the conclusions of the report exceed the minimum criteria published by the Engineering Division of the City of Salina. The existing detention pond provides the needed storage capacity to handle the expected runoff volume while lowering the discharge rates to below the existing, predevelopment conditions. Staff approves the stormwater concept for the Magnolia Hills Estates Addition No. 3. subdivision. �i:'III', � Illll' + 1111•C!> i'il(�I�' l ��i ill. i I kmql t'I'li'd � 'ail t', '.'. ;I i:il'.IU�'�� d i:���{�II'• Our Mission is to Build and Maintain a Clean, Safe Community Dcity of J 0 Sd�111d n_i 011 Planning & Community Development 1. Subdivision Name 2. Subdivision Location Date Filed ar 28 Z07,2. Application No. - Preliminary Plat Approval Date unci` 2o Z2 - Receipt No. Site Plans / Kavi Y 0.l �� Accepted By A APPLICATION FOR FINAL PLAT APPROVAL Stone Lake Development, LLC 3. Land Area (sq.ft. and / or acres) 4. Number of Lots Proposed 5. Present Zoning 6. Pending Zoning (if applicable) A PORTION OF THE SW 1/4, SEC 31, T -14-S, R -2-W, SALINA, SALINE COUNTY, KANSAc, 52.29 acres 48 A-1 Present Use Agricultural R-2 Proposed Use Residential 7. Please explain any provisions of conditional preliminary plat approval and your compliance with those provisions (attach additional sheets if necessary): 8. If any changes have occurred between the approved preliminary and this final plat, other than those required by the Planning Commission, lease explain the nature of these changes: A portion of the road was shifted 35' to the west to avoid grading on the adjacent property to the east. 9. Explain any waivers of the subdivision regulations granted with the preliminary plat or requested with this application: Name: Kelly Dunn 10. Applicant P.O. Box 542, Salina, KS 67402-0542 Address: Applicant 785-826-0251 E -Mail: kdcinc3l@gmail.com Phone Number: Owner: Stone Lake Development, LLC 11. Property P.O. Box 542, Salina, KS 67402-0542 Address: 785-826-0251 E -Mail: kdcinc3lC@gmail.com Phone Number: Kaw Valley Engineering 12. Engineer/Surveyor: 742 Duvall Avenue, Salina, KS 67401 Address: 785-823-3400 E -Mail: owens@kveng.com Phone Number: 13. Authorized Representative Address: Phone Number: E -Mail: 1 hereby agree to comply with the Subdivision Regulations of the City of Salina, Kansas, and all other pertinent ordinances of the City of d tion, it is agreed that all costs of recording the plat and supplemental documents thereto Salina and statutes of the State of Kansas. In with the Register of Deeds shall be assume aid by the owner or applicant. 1 Date Applicant(s) Signature PLF-058, 1-08 i Application #P10-113 Filed by Stone Lake Development oreiine ur r a Y �^ t 1 1 inch = 500 feet Application #P10-113 :. p p Filed by Stone Lake Development M <t. Vin�-�I'_'a `sR��-'Q.II-^ Fes' �r'�� �n���{ N'. •�. 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This proposed residential subdivision is located at the southeast corner of South Ohio Street and Schilling Road. Mr. Andrew presented the staff report with visual graphics which are contained in today's meeting packet. Chair Mikesell asked the Commission if there were any questions for staff. There were none. Chair Mikesell invited the applicant to address the Commission. Kelly Dunn, 1216 Shoreline Drive, stated that staff covered the request well. He stated that these lots will be a part of the existing Homeowner's Association and use the same covenants. He added that the street name in question will be Vista Sur and not Vista Sun as it is on the plat. Chair Mikesell asked if there were questions of the applicant. There were none. Chair Mikesell asked if there were comments or questions from members of the public in attendance. There were no members of the public in Room 107 or on Zoom that wished to speak on this item. Chair Mikesell closed the public hearing and brought this item back to the Commission for discussion and action. MOTION: Commissioner Olson made a motion to approve Final Plat Application #P10 -1B with staff's recommended conditions on pages 10 and 11 of the staff report PLANNING COMMISSION I MINUTES December 20, 2022 Page 8of11 SECOND: Commissioner Hay VOTE: Motion carried 7-0. (3.4) Application #P15-313, filed by Magnolia Hills, Inc., requesting approval of a final plat of Magnolia Hills Estates No. 3, a proposed 115 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 of 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. Chair Mikesell asked the Commission if there were any questions for staff. There were none. Chair Mikesell invited the applicant to address the Commission. Stan Byquist, 2601 South Ohio, stated that he agrees with staff's comments and recommendations that have been provided. Justin Owens, Kaw Valley Engineering, 742 Duvall Avenue, stated that when we designed the detention pond originally, Kaw Valley was also designing Wheatland Valley's detention pond as well. To answer the question posed, all the storm water from Wheatland Valley goes through the storm sewer system and then routes through the Magnolia Hills Addition by going through Mustang Lane then around to the back side of the lots then behind the existing rural home and finally discharges into the detention pond. He added that the storm sewer system was designed to City standards. He continued that they did account for large storm events to come down the street and provide a place for that to discharge from the street into the detention pond. Commissioner Olson asked if the current detention pond already has this system in place. Mr. Owens stated that it was all built during Phase I so that it could all be connected. Mr. Andrew stated that the sewer connection had to go all the way east to Holmes Road so a good part of the sewer is already in place as well. Chair Mikesell asked if the applicant had read the nine (9) conditions recommended by staff and if they agreed with them, to which Mr. Byquist answered yes. Chair Mikesell asked if there were further questions of the applicant. There were none. Chair Mikesell asked if there were comments or questions from members of the public in attendance or via Zoom. There were no members of the public in Room 107 or via Zoom that wished to speak on this item. Chair Mikesell closed the public hearing and brought this item back to the Commission for discussion and action. PLANNING COMMISSION I MINUTES December 20, 2022 Page 9 of 11 CITY 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:k1- — Services f��— FINAL A PROVAL: ITEM Planning Division e�c��° NO: 3 �U A 7)A Page 1 BY: Dean AndrewBY: ITEM: Application #P15 -3B " r Consider acceptance of the offered street right-of-way, easement and restricted access dedications to serve Magnolia Hills Estates Addition No. 3, a proposed 112 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 of and is an extension of Magnolia Hills Estates Addition No. 3. 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. The moratorium on Planning Commission consideration of plats with frontage on unpaved roads expired on August 15, 2016. 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 Planninq Commission. The Planninq Commission determination 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 FISCAL APPROVAL: BY: FINAL APPROVAL: 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. b. 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 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 AGENDA SECTION NO: ITEM NO: Page 3 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: NJ 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. 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 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.) requesting approval of a scaled down final plat of the next phase of Magnolia Hills Estates. Magnolia Hills, Inc. proposed final platting only the west 19.40 acres of this 48.80 acre tract of land. The east boundary roughly corresponded to the halfway 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: 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 of Magnolia Hills Estates No. 2. Nature of Current Request Magnolia Hills, Inc. (Kelly Dunn, Stan Byquist) is now ready to move forward with the platting of their remaining landholdings in this quarter section. They are requesting final plat approval for a 46.84 acre tract of land bordered by Magnolia Hills Estates Addition No. 2 on the west, a rural home site on the north, Holmes Road and agricultural land on the east and the First Covenant Church and pasture land on the south. The platted area corresponds to the area included in Magnolia Hills, Inc.'s 2017 preliminary plat but now also includes the 16 acre peninsula between the First Covenant Church and Holmes Road. As proposed, this 46.84 acre tract of land would be subdivided into 112 residential building lots for single-family and two family home construction. The northern area (62 lots) would be set aside for construction of single-family homes while the southern peninsula area (50 lots) is being laid out for duplex/townhome development. The entire 46.84 acre tract now being proposed for the next phase of development is vacant and used for agricultural purposes. Previous Commission Action In April of this year Magnolia Hills, Inc. submitted applications to plat and rezone the remainder of the Magnolia Hills Estates property over to Holmes Road. On June 7, 2022, the Planning Commission conducted a public hearing on Magnolia Hills, Inc.'s rezoning and preliminary plat applications. At the Planning Commission's June 7 meeting, two actions were taken by the Planning Commission. AGENDA SECTION NO: ITEM NO: Page 5 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: %W FINAL APPROVAL: ma 1) The Planning Commission voted 5-0 to recommend approval of a change in zoning district classification from A-1 (Agricultural) to a mix of R-1 (Single -Family Residential) and R-2 (Multi - Family Residential) zoning as requested by the applicant. 2) The Planning Commission voted 5-0 to approve a preliminary plat of this 46.84 acre tract subject to the following conditions: a. The developer shall be responsible for all public improvements shown on the preliminary plat and preliminary infrastructure plan drawings, including improvements to Holmes Road. b. A final phasing plan indicating the proposed phasing of public improvements shall be submitted with the final plat. c. A lot grading / drainage plan for each development phase shall be reviewed and approved by the City Engineer. d. All utilities in the subdivision shall be placed underground. e. Public sidewalks shall be installed on both sides of all internal public streets and in any pedestrian easements identified and dedicated on the final plat. f. The City Engineer shall approve preliminary plans and specifications for the internal public streets, water and sanitary sewer line extensions and stormwater collection system needed to serve this subdivision as well as the preliminary design plans for any expansion needed of the detention pond prior to Planning Commission consideration of a final plat. Needed utility and drainage easements shall be provided on the final plat. g. The applicant shall obtain a letter from the City Engineer approving the final storm drainage design plan and runoff calculations for this proposed subdivision prior to consideration of the final plat. h. A note shall be placed on the final plat and in the subdivision covenants stating that no structure of any kind may be placed in the 30 ft. sanitary sewer easement located in Block 4. Holmes Road has been determined to be a direct access perimeter street and connecting street by the Planning Commission and under Section 36-74(a)(3)(a) the developers are responsible for improving 2,400 lineal feet of Holmes Road from the northern edge of the subdivision to Magnolia Road to applicable public street standards as part of the development of the subdivision. AGENDA SECTION NO: ITEM NO: Page 6 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: M FINAL APPROVAL: 1W Restricted access markings shall be provided along the Holmes Road and Magnolia Road frontage on the final plat except for the proposed street openings. k. Section corner ties, subdivision and block corners and a curve data table shall be provided on the final plat. On June 7, 2022, the Salina City Commission approved an ordinance on first reading (Ordinance No. 22-11122) rezoning the lots in the proposed Magnolia Hills Estates Addition No. 3 as follows: Blocks 1-6 zoned "R-1" (northern portion) Blocks 7-9 zoned "R-2" for townhomes (peninsula Subdivision Desiqn 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 to the subdivision and disperse traffic within the subdivision. It is the Planning staff's interpretation that the proposed Magnolia Hills Estates Addition No. 3 subdivision directly abuts Holmes Road, that Holmes Road is a direct access perimeter street, that the proposed subdivision is required to have at least one public street connection to Holmes Road and that the developers of Magnolia Hills Estates No. 3 are responsible for upgrading Holmes Road to City street standards. Two (2) public street access points are being provided plus an additional access point on Magnolia Road. Subdivision streets are required to be integrated with the existing street network and the applicant's plan calls for integrating Magnolia Hills Estates No. 3 with Magnolia Hills Estates Addition No. 2 through two street connections on the west (Ridgehill Drive and Stonepost Lane) and two future street connections to Holmes Road on the east. Holmes Road is classified as a future minor arterial street. There is one proposed street connection to Magnolia Road. The residential streets proposed in Magnolia Hills Estates No. 3 are laid out to conform with the existing topography and to discourage use by through traffic. As proposed this subdivision would have a little over 2,400 ft. of frontage on Holmes Road. The south 1307 ft. of Holmes Road was not included in the 2017 plat but is included in this platting phase giving 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: 111W FINAL APPROVAL: this subdivision frontage on Magnolia Road as well. The boundary of this 46.84 acre tract is basically "L" shaped. It is bordered by the Magnolia Hills Addition (First Covenant Church) on the south and west. This 32.5 acre subdivision was platted in 2001. The controlling design feature on this tract is the City's interceptor sewer line which runs north along the east side of Markley Road then makes an "L" shaped turn and runs east across the property. The Utilities Director has expressed a preference for having the sewer line in or adjacent to street right-of- way rather than having it pinched in behind homes. This is a preference and not a requirement that a street be platted adjacent to or over the top of the sewer line. Providing a setback area or open space sufficient to allow City crews to get access to the sewer line is all that would be required. The West 580 ft. of this interceptor sewer line is a 24" force main, which means the sewage is being pumped uphill under pressure from west to east. The East 1915 ft. of sewer line crossing this property is a standard gravity line and a connection could be made to any of the existing manholes along this line. The applicant is proposing rear yards in Block 4 over the top of the sewer line and sewer line easement, with Stone Post Lane being built over the East 320 ft, of the sewer line. Street Access and Design Markley Road is a two lane former county road annexed into the city in 2012 and now owned and maintained by the City of Salina. It is classified as a minor arterial street on the City's Street Classification Map. The roadway is in good condition and there are no plans to widen or rebuild this section of road in the future. Markley Road currently carries 3,230 vpd between Cloud and Magnolia. It appears that the applicant has designed a street network that generally conforms with the existing topography on this site. Due to the sloping topography, most of the streets have a curvilinear design which is encouraged by the City's Subdivision Regulations. The applicant's proposed plat shows two (2) street connections to Magnolia Hills Estates and Magnolia Hills Estates No. 2 and back to Markley Road. Stonepost Lane is the only street that physically connects to Markley Road. The applicant's proposed plat shows both Stonepost Lane and Ridgehill Drive connecting to Holmes Road which is an unimproved gravel road in this location. The current traffic volume on Holmes Road is approximately 225 vehicle trips per day (vpd) and the City staff's conclusion is that the street connections proposed on the plat would trigger a need to upgrade the existing gravel surface on Holmes Road. The 2016 amendment to the Subdivision Regulations codifies this as a requirement. Internal streets would all be public streets with curb and gutter and 33 ft. of paving. All streets would have 60 ft. of right-of-way. There is also one eyebrow or knuckle and one cul-de-sac (Hollow Court) proposed on the plat layout. Each of these would have a right-of-way radius of 50 ft. and a turnaround radius of 45 ft. 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: MiN These proposed street and right-of-way dimensions conform with City standards. Although 23 lots would abut and back up to Holmes Road and 4 lots would back up to Magnolia Road there would be no individual driveways permitted on Holmes Road or Magnolia Road. Proposed Street Names Ridgehill Drive Stonepost Lane Deer Hollow Lane Hollow Court Deer Court Spring Hill Drive Fox Ridge Drive It does not appear that any of these proposed street names would be similar to or duplicate any existing street names in the city or county, however there is a Foxboro Drive and Foxtail Drive in the city. All street names appear to be labeled and spelled correctly on the plat drawing. The Planning Commission has the discretion to approve or disapprove street names and should consider whether Fox Ridge Drive is too similar to existing street names. There is also a Fox Run subdivision south of Schilling Road which could create confusion. Lot Design All lots and blocks have been numbered on the plat drawing. All blocks are separated from each other by streets or other natural barriers. A total of 113 lots (including the detention pond) and 9 separate blocks are proposed on the final plat. There is a drainage easement / detention area set aside in the northeast corner of the plat but there are no areas set aside as common open spaces. The detention pond and drainage easement area (Lot 10, Block 1) have been deeded to the City for ownership and maintenance. All lots shown would have adequate frontage on and access to a public street. It appears that the width, depth and area dimensions of all lots shown on the plat would meet or exceed the minimum standards of the R-1 and R-2 districts. Despite the sloping terrain, it does not appear that there would be any foreseeable difficulties, for reasons of topography or other conditions, in obtaining building permits to build on any of the proposed lots. However, creative site planning or substantial regrading may be required on several lots to create suitable homesites. Utilities Water - There is a 16" water line that runs along the east side of Markley Road. This line connects the Key Acres Tower at Magnolia and Belmont with the Markley Road Tower. Since the water is being pumped uphill in this area this is a high pressure line. As part of the First Covenant Church 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: AN project a 16" water line was extended up Magnolia Road, an 8" public line was constructed north through the church site and then a 6" water line was looped back to Markley Road. The First Covenant Church site is served by an 8" water line extending off of the 16" line in Magnolia Road. This line ties back to Markley Road. To serve Phase II the applicant proposed extending an 8" line located in Phase I and tying into the 8" line on the church property. This will be done in Phase II of improvements in Magnolia Hills Estates No. 2. This will create a looped system with two sources of flow for the Magnolia Hills Estates Addition No. 2 subdivision. The Director of Utilities is also recommending that the 16" water line in Magnolia Road be extended east to Spring Hill Drive to serve the 16 acre peninsula area. This will help create a looped system for the entire subdivision. Internal water lines serving this subdivision phase would be public lines and therefore design plans for those lines would need to be prepared by a licensed professional engineer and then reviewed and approved by the Public Works Department and KDHE. Construction of these lines could be financed privately or publicly through creation of a benefit district. 2. Sanitary Sewer - The 27" sewer line along the south boundary of this 46.84 acre tract is more than adequate to meet the needs of the proposed subdivision. Preliminary plans show that the entire subdivision can be served by a gravity system. Internal sewer lines serving this proposed subdivision would be public lines and would need to be designed by a licensed professional engineer. Construction of these lines could be financed privately or publicly through creation of a benefit district. 3. Electricity - This property is within Evergy's service territory. Westar currently has 3 phase electric service serving the church and the Magnolia Hills Estates Addition. They plan to extend this 3 phase service east along the north boundary of the subdivision and then extend it south along Holmes Road to Magnolia Road. All electric lines with this subdivision must be placed underground. 4. Natural Gas - There is an existing gas line along Markley Road that serves Magnolia Hills Estates and Magnolia Hills Estates Addition No. 2. Kansas Gas Service indicates that the developers will be responsible for extending service lines into the proposed new subdivision. 5. Storm Drainage - The City's stormwater management regulations require the developer to design a storm water drainage system to either accommodate or detain the additional runoff caused by development of the site (the difference between existing and developed conditions), A detention pond was constructed in the northeast corner of the property to serve Magnolia Hills Estates Addition No. 2 but it was designed and sized to serve this area as well. The pond design has been analyzed by the City Engineer in a Memo attached to this report. A storm water drainage plan and 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 10 BY: Dean Andrew BY: construction plans for any proposed surface ditches, storm sewers or detention ponds must be approved by the City Engineer prior to issuance of any building permits in this subdivision. Staff is requesting that the applicant's engineer provide additional detail about how discharge from the First Covenant and Wheatland Valley detention pond will be conveyed to the applicant's pond. As noted, the detention pond has been constructed, inspected and accepted for maintenance by the City. 6, Fire Protection - Fire response from Station #4, located at Marymount and Crawford Blvd., is about 5 minutes to the north entrance of the subdivision on Markley Road. 7. Police Protection - Provided by the Salina Police Department once streets are installed in the subdivision. 8. Schools - Students in this proposed 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. 9. 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. 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. 10. 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 112 total building lots proposed in this addition can be safely and efficiently served by the two access points 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 1,160 vehicle trips per day that would be dispersed both east and west. The issue from staff's 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. 1. Does the proposed subdivision abut and have frontage on a perimeter street? 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 11 BY: Dean Andrew BY: 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 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 AGENDA SECTION NO: ITEM NO: Page 12 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: Community and Development BY: Services FINAL APPROVAL: Planning Division BY: Dean Andrew I BY: Magnolia Road. Magnolia Hills, Inc.'s proportionate share is 31.4% of the projected $2M 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. 3 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. Easements and Dedications - The applicant is proposing to dedicate all street right-of-way and improvements shown on the plat to the public for City maintenance. All utility and drainage easements shown on the plat would be dedicated public easements. There is currently no dedicated right-of-way for Holmes Road. The proposed plat shows 50 ft. of right- of-way for the west half of Holmes Road which meets the city's standards for arterial streets. An additional pedestrian easement dedication is shown adjacent to Holmes Road to allow for construction of a hike/bike path on the west side of Holmes Road. Staff would request that restricted access be dedicated along the west side of Holmes Road and the south side of Magnolia Road. Evergy has indicated a need for additional easements for underground power lines and street lights in several locations. As part of the dedication to the City, the developer has already paid the required "maintenance fee" for the detention pond in the northeast corner of the subdivision, generally equal to the cost of maintaining the pond for a 10 year period. The City now has ownership and maintenance responsibility for the pond area. Required Public Improvements The developers of Magnolia Hills Estates No. 3 would be responsible for the following public improvements: 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: Streets — Approximately 5,780 ft. of asphalt or concrete paving, 2 lanes, 33 ft. wide with curb and gutter for internal streets, plus Magnolia Hills Estates No. 3's proportionate share of the cost of upgrading Holmes Road to city street standards abutting the subdivision. Sidewalks — 4' sidewalks along both sides of all internal public streets except cul-de-sacs. A public sidewalk on at least one side of improved Holmes Road. (The Public Works Department is looking at constructing a 10 ft. hike/bike path on the west side of Holmes Road.) Drainage — Design and construction of any needed expansion of the detention pond and street inlets and stormwater pipelines needed to carry runoff from lots and streets to the pond area. Utilities — Design and construction of internal water mains and public sewer lines needed to serve individual building lots, plus Magnolia Hills Estates proportionate share of the extension of the 16" water line in Magnolia Road. Impact Fees — Payment of the pond maintenance fee and park impact fees. Park fees are usually paid when building permits are issued. The City of Salina would be responsible for the following public improvements: Long term maintenance of the detention area. The City's proportionate share of the cost of improving Holmes Road to interim street standards. Phasing of Public Improvements The applicant's proposed phasing plan is attached to this report. Phase I — The developer's proposed Phase I contains 19 building lots in the northwest corner and would include the extension of both Ridgehill Drive and Stonepost Lane which would form a loop (Deer Hollow Lane) and eliminate the need for any temporary turnarounds. Special Assessments The applicant has indicated an intent to use special assessment financing in Phase I and future phases of this residential development. There are no property owners outside the subdivision that should be impacted by assessments for improvements serving this subdivision, except for possible assessments or benefit fees relating to upgrading Holmes Road north of Magnolia Road. The benefit district formed to reconstruct Holmes Road included the county property on the east side of Holmes Road to have an equitable sharing of costs. No benefit district has been formed for Magnolia Road. 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 14 BY: Dean Andrew BY: Covenants The developer has not submitted a draft set of Restrictive Covenants for the subdivision. However, it is staff's understanding that covenants and an architectural control committee will be used to prohibit the splitting of lots and establish private housing design requirements and other building restrictions. Conformance with Comprehensive Plan Land Use Map - The City's Land Use Plan shows this area as being appropriate for low-density residential development and in a Primary Service Area for the extension of city utilities and services. The residential density of the development (116-172 units on 46.84 acres) computes to 2.48-3.67 units per acre which is substantially less than the low density residential classification of 4.0 units per acre. 2. Future Land Use Plan — The Growth and Development portion of the Plan states that new growth should occur in a contiguous manner adjacent to existing development supported by public infrastructure. This proposed subdivision meets that criteria except for the condition of Holmes Road. 3. Connectivity Plan — Holmes Road is shown as a minor arterial street and as a complete street in the Comprehensive Plan. This subdivision will also connect back to Markley Road. Magnolia Road is shown as a major arterial street. 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 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 2022. Planning Commission Recommendation The Planning Commission met on December 20, 2022 and reviewed the proposed final plat of the Magnolia Hills Estates Addition No. 3. Following presentation of the staff report and comments from the applicant's representative, Stan Byquist, the Planning Commission voted 7-0 to approve the final plat of the Magnolia Hills Estates Addition No. 3 finding that the final plat conformed with the approved preliminary plat and all applicable codes and regulations of the City. Approval of the final plat of Magnolia Hills Estates Addition No. 3 was made subject to the following conditions: 1. The developer shall be responsible for all public improvements shown on the preliminary plat f tt e Ian drawings including the extension of the 16 inch water line and preliminary in ras ruc ur p , on Maqnolia Road east to Spring Hill Drive, and the developer's proportionate share of AGENDA SECTION NO: ITEM NO: Page ] 5 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: Community and Development BY: Services FINAL APPROVAL: Planning Division BY: Dean Andrew ( BY: improving Holmes Road to interim street standards at the time that a public street connection to Holmes Road is made, through private financing or by petitioning for the creation of a benefit district. 2. All utilities in the subdivision shall be placed underground. The developer shall be responsible for providing the trenching, conduit and backfilling for the underground primary service lines. 3. Public sidewalks shall be installed on both sides of all internal public streets, except for the Hollow Court cul-de-sac. 4. The developer shall be responsible for coordinating with the Salina Post Office to identify community mailbox locations. A drawing depicting agreed upon mailbox locations shall be furnished to City staff for review and approval prior to installation. Community mailboxes must be in place prior to issuance of a Certificate of Completion for public improvements. 5. Final design plans for the proposed water, sanitary sewer, street and drainage improvements needed to serve Phase 1 of this subdivision must be approved by the City Engineer prior to installation of any public improvements on the property. 6. A lot grading plan for each development phase must be approved by the City Engineer prior to beginning construction of any public improvements in the subdivision. Any deviations from the approved grading plan on any lot in Magnolia Hills Estates Addition No. 3 must be reviewed and approved by the City Engineer prior to issuance of a building permit for those lots. 7. A note shall be placed on the final plat and in the subdivision covenants stating that no structure of any kind may be placed in the 30 ft. sanitary sewer easement located in Block 4. 8. Holmes Road has been determined to be a direct access perimeter street and connecting street by the Planning Commission and under Section 36-74(a)(3)(a) the developers are responsible for improving 2,400 lineal feet of Holmes Road from the northern edge of the subdivision to Magnolia Road to applicable public street standards at the time that a public street connection to Holmes Road is made. 9. Restricted access markings shall be provided along the Holmes Road and Magnolia Road frontage on the final plat drawing except for the proposed street openings. COMMISSION ACTION: If the City Commission concurs with the action of the Planning Commission, a motion should be made to accept the offered street right-of-way, easement and restricted access dedications and to authorize the Mayor to sign the plat of Magnolia Hills Estates No.3 on behalf of the City. In the alternative, the City Commission could decline to accept the offered dedications and return this plat to the Planning Commission stating its reasons for not wishing to accept the proposed dedications. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 06/27/2022 4:00 P.M. AGENDA SECTION NO: ITEM NO: Page 16 Attachments: Application Vicinity Maps Phasing Plan Final Plat Drawing Excerpt of 12/20/22 PC Minutes CC: Stan Byquist, Magnolia Hills, Inc. Kelly Dunn, Magnolia Hills, Inc. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: I ,i Cityof Application No. P 15-35 Preliminary Plat J Receipt No. Salina ri 785-822-8248 E -Mail: stanbyquist@gmail.com Q0 Planning FS C - Community Develoument 1. Subdivision Name 2. Subdivision Location Date Filed tr $ ZOZ2. Application No. P 15-35 Preliminary Plat Receipt No. Approval Date 785-822-8248 E -Mail: stanbyquist@gmail.com 11. Property Owner: Magnolia Hills, Inc. Address: 2601 South Ohio Street, Salina, Kansas 67401 Site Plans / y o o ke Accepted By 7DA APPLICATION FOR FINAL PLAT APPROVAL Magnolia Hills Estates Addition No. 3 A PORTION OF THE SE 1/4, SEC 29, T -14-S, R -2-W, SALINA, SALINE COUNTY, KANSAS 3. Land Area (sq.ft. and / or acres) 46.84 acres I's 4. Number of Lots Proposed 5. Present Zoning 6. Pending Zoning (if applicable) A-1 Present Use R-1 & R-2 Agricultural Proposed Use Residential 7. Please explain any provisions of conditional preliminary plat approval and your compliance with those provisions (attach additional sheets if necessary): 8. If any changes have occurred between the approved preliminary and this final plat, other than those required by the Planning Commission, lease explain the nature of these changes: 9. Explain any waivers of the subdivision regulations granted with the preliminary plat or requested with this application: 10. Applicant Name: Stan Byquist 2601 South Ohio Street, Salina, Kansas 67401 Applicant Address: Phone Number: 785-822-8248 E -Mail: stanbyquist@gmail.com 11. Property Owner: Magnolia Hills, Inc. Address: 2601 South Ohio Street, Salina, Kansas 67401 Phone Number: 785-822-8248 E -Mail: stanbyquist@gmail.com 12. Engineer/Surveyor: Kaw Valley Engineering Address: 742 Duvall Avenue Phone Number: 785-823-3400 E -Mail: Owens@kveng.com 13. Authorized Representative Address: Phone Number: E -Mail: I hereby agree to comply with the Subdivision Regulations of the City of Salina, Kansas, and all other pertinent ordinances of the City of Salina and statutes of the State of Kansas. In addition, it Is agreed that all costs of recording the plat and supplemental documents thereto with the Register of Deeds shall he assumed and paid the owner or applicant. Applicant(s) SignatuDate PLF-058, 1-08 Application #P15 -3B Filed by Magnolia Hills, Inc. C --------�- � -� �� I Reauest Area 4 r Hollow Dr !Magnolia Rd to p �v " � . •�- • � nS 7 %A 1 inch = 400 feet U rirehawk ? -3B ,ct pp Filed by Magnolia Hills, Inc. Iu. Rosebud LnIlk `,s', 1 T'. 00 Ridgehill Dr 2� — ib(,� equest Aria +: (! Store ost IV Dunnwood Dr Deer Hollow Dr h ' _' Magnolia Rd It' 1 inch = 400 feet 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 tl {1 ;.i t_ a law III�'e � \ s Figure 2 1 Future Land Use Map Commercial commurury center [] Conservation Area Downtown ( + Employment Hub/Industrial 1 + Hospital /Medk:al 1 + Mixed Commercial/Industrial Neighborhood Center Office/Employment Parks and Recreation i Pudic/Semi-public 1 + Rural Residential Suburban Residential Urban Residential . _ ...... North ON. Get.—Y Oveday IM East Salina Master Plan T 1 �l Soutlr 9tlt Corridor Oveday 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 1/5/23, 11:33 AM City of Salina Pro Find address or place Q ••_•__••_•,r____.�L. , �_ i (_�'Y J�'r ! ltYTt---.i t e' "�''"'�x- 1 ►4- ..------------------------ - �- ..i¢ I ail t ���� • �. '� .r-� s 1 c ` �t� r�- 'Sia 4 �j/ } i i 'I - �'• �-�-�i1llfrrrNH�'� I -1 1 — ! i ..j y E- 0 150 300ft https:Hsalina-ks.maps.arcgis.com/apps/webappviewer/index.html?id=c86acd68b5O84fl da2ba270898bl ad86 1/2 FUNCTIONAL STREET CLASSIFICATION MAP Classification, Responsibility �Madal Streets, City I M martal street. currently outside City R.A. 0, —mi—meri.] Streets. city m m PAnormerial Streets currently outside City limit, i me a collector Street ocruenuy outside CRY limit, — Local Streets, City — pat. Slua.lsCRY Park Read, City County Road. at Pleasant Hill Rd m Railroads 11111111 KDOT UrbanArea Boundary E [ / 1 • 11■ - - oil �:• ::�—.J IP. lip oil III ■ �iiiii ui � IIIIIIIII� — � A r: NNIII yin li 1110 MA .. MEMO � III 1l�11_- E....-� ... •_- .- `�1 a :..■� .1��� :::�� � � �� ����� �■ . �■�1�I IIIIIIY � �_. � ! !1111 �!� ii�� ' , iin - � • �I • � ill:::l ... � I" i � ii�l � �� BE Crawford StI� s� Tia :::::11111 �_-- �. ^, Fac"�, �. � .. ■■■1:11 �- - lZ 11:111 H I■11 - =t, _ 01-=__--== = -_ 4 Magnolia Rd d I Magnolia Rd Magnolia Rd - . — l uulnwuo nlnlmmmrrrmtntm +-•-�. a - • a, i o° Be G S nlVi acp�2 mac\ o` u •� a Schilling Rd Schilling Rd SchillingRd ..............—.........._ Q 9 S ............. ..i W111I.11lllllll�__.__. _ I - galIs y Rd - 2 t 0 0.5 1 Miles = = c . O e.erg Rd_ < v Water Well Rd 3 a 1 I Water Well Rd # Water Wellpd 11111111 11111111y111111111III II III I...............................................1111111111111111111111111111111111111111111111111111111 III IIIR Fartelly Rd TI a o Functional Street Classification Map x a v o■ rlgure z -t: runcuonal acree: Classification Map 2-50 EXHll317' A N1AP OF BENEFIT FEE AREA i _ I m a / 1 A a' xv ro+t-utuYxswau A= - r a MAP 0 JDO X00 MO tiN IKLUM ROAD rrxn r ..ea Cd 9 Magnolia Hills Estates Addition No. 3's proportionate share of the Holmes Road improvement project cost: Tract #4 $380,384.95 Tract #5 $248,464.29 Interim Standard: • 6 or 8 inches of pavement • No curb or gutter • Sidewalk on one side of the street 3 BLICK12 B10CIK 4 NOT TO SCALE BLID CH 1 0 MAGNOLIA ROAD 0 a 0 a W { ! d cg � e e s e 40 re I II "�€ _� r O I I �a0 0� (I I ao °I p I Q t �sm.. 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H I � 1[J M •f0,f4t H Ila R I .J s 9: I Ilsd go 8 _ RCp t[ZOt 00101 ro9T K'[01 99'96 f ADIOS ¢ V (H),t£'969 M ,6Z,9L.69 S _ ywt n E (1 0),Y£'969 11 .11, 92.66 9 y 13311&9 VL10uovrl . --;� — (m),[C92 (n).LS"ne M ,62.9&69 9 SECOND: Commissioner Hay VOTE: Motion carried 7-0. (3.4) Application #P15 -3B, filed by Magnolia Hills, Inc., requesting approval of a final plat of Magnolia Hills Estates No. 3, a proposed 115 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 of 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. Chair Mikesell asked the Commission if there were any questions for staff. There were none. Chair Mikesell invited the applicant to address the Commission. Stan Byquist, 2601 South Ohio, stated that he agrees with staff's comments and recommendations that have been provided. Justin Owens, Kaw Valley Engineering, 742 Duvall Avenue, stated that when we designed the detention pond originally, Kaw Valley was also designing Wheatland Valley's detention pond as well. To answer the question posed, all the storm water from Wheatland Valley goes through the storm sewer system and then routes through the Magnolia Hills Addition by going through Mustang Lane then around to the back side of the lots then behind the existing rural home and finally discharges into the detention pond. He added that the storm sewer system was designed to City standards. He continued that they did account for large storm events to come down the street and provide a place for that to discharge from the street into the detention pond. Commissioner Olson asked if the current detention pond already has this system in place. Mr. Owens stated that it was all built during Phase I so that it could all be connected. Mr. Andrew stated that the sewer connection had to go all the way east to Holmes Road so a good part of the sewer is already in place as well. Chair Mikesell asked if the applicant had read the nine (9) conditions recommended by staff and if they agreed with them, to which Mr. Byquist answered yes. Chair Mikesell asked if there were further questions of the applicant. There were none. Chair Mikesell asked if there were comments or questions from members of the public in attendance or via Zoom. There were no members of the public in Room 107 or via Zoom that wished to speak on this item. Chair Mikesell closed the public hearing and brought this item back to the Commission for discussion and action. PLANNING COMMISSION I MINUTES December 20, 2022 Page 9 of 11 MOTION: Commissioner Farber made a motion to approve Final Plat Application #P15 -3B with staff's recommended conditions on pages 12 and 13 of the staff report SECOND VOTE: Preliminary Discussion Items None Commissioner Olson Motion carried 7-0. 4. UNFINISHED OR OTHER BUSINESS The January 3, 2023 meeting of the Planning Commission has no applications filed so staff will be sending a cancellation notice for that meeting. The next meeting of the Planning Commission will be on January 17, 2023. Items on that agenda will include the 2022 Annual Report, a filed Conditional Use Permit application for a utility hut, a filed zoning text amendment application regarding the storage of consumer grade fireworks and the postponed consideration of the Beck's Hybrid Seeds applications. This meeting is Commissioner Hay's last meeting as a Planning Commissioner as he will be taking his seat on the Saline County Commission in January. Chair Mikesell thanked Mr. Hay for his participation on the Commission. 5. PUBLIC FORUM Mr. Blanchard returned to the podium. He stated that he would like to see a path to having cottage cluster developments in the City code. He stated that on October 18, 2016 there was a Planning Commission study session about tiny houses and after that he sent Mr. Andrew some resources that could be helpful for a tiny home discussion. Those resources were a model ordinance for cottage cluster developments, cottage housing code, and documents regarding accessory dwelling units (converting garages to mother-in-law apartment, etc.). Since this is coming up with KWU, he thinks it is the perfect opportunity to bring this up for the Commission again. Mr. Andrew stated that our new Planner, Spencer Aiken, is already working on preparing a study session on this topic in Spring of 2023. Mr. Blanchard asked if staff had heard of any further movement on the River Run final plat. Mr. Andrew stated that staff has talked some with the applicant about the Homeowner's Association, but we have not seen an application yet. We anticipate they will be bringing something forward in early 2023. PLANNING COMMISSION I MINUTES December 20, 2022 Page 10 of 11