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7.2 Ordinance No. 23-11150 Beck's RezoningCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. AGENDA SECTION I ORIGINATING DEPARTMENT: I FISCAL APPROVAL: NO: 7 Community and Development BY: ITEM- Services FINAL APPR VAL: Planning Division NO: 2 Page 1 BY: Dean Andrew DA BY: evil ITEM: Ordinance No. 23-11150 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. [Under Kansas law, pending Application #Z22-12, requesting the rezoning of a 15.43 acre tract of land on the west side of North Ohio Street south of 1-70 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 ordinance on the basis of the same publicly presented information, no one should initiate 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 ordinance, Commissioners should refrain from any private discussion of the case with other Commissioners prior to the final public action on the ordinance.] BACKGROUND: Beck's Hybrid Seeds has a contract to purchase a 15.43 acre tract of land on the west side of North Ohio Street from DK Farm and Ranch, LLC (Jeff Thompson). Beck's has filed applications to rezone and plat this 15 acre tract to allow construction of a new building to serve as a sales office and warehouse space for their Salina operation. They are requesting that their proposed platted building lot be zoned 1-2 (Light Industrial). This property is located in the North Ohio Corridor Overlay District which requires that Beck's site plan and building plans be reviewed and approved by the City Planning Commission prior to issuance of a building permit. They have submitted companion applications requesting approval of a site plan for their proposed facility and a preliminary plat of their proposed building lot. After securing a site on the west side of North Ohio Street south of 1-70, Beck's Seeds entered into extended negotiations with the Ward family, who owns property to the rear (west) of Beck's proposed 15.43 acre building site. The result of these negotiations could have resulted in a change to the location and configuration of Beck's proposed facilities, therefore the public hearing on this rezoning application was continued by the Planning Commission in December, January and February to allow these negotiations to conclude. On November 5, 2001, the City Commission initiated the North Ohio Utility Improvements project, which extended water and sewer service to properties in the vicinity of the Ohio Street/ 1-70 interchange. The Foley Addition and the property owned by H -M Olathe, LLC (site of Kenworth Truck Repair) were annexed into the city and were included in the benefit district. This water and sewer extension project was completed in 2002. AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. •; ►� ► �__•_: a _► 1 Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: In 2002, KDOT finalized design plans for a new Ohio Street bridge over 1-70. In order to allow the existing bridge to remain in service, KDOT's designed called for construction of a new bridge 150 ft. west of the existing bridge. As a result of the need to realign Ohio Street with the new bridge, KDOT acquired property from Foley Equipment and H -M Olathe, LLC. The Foley taking virtually eliminated two outlots in front of Foley Equipment and the Kenworth site was reduced in size from 5.2 acres to 1.7 acres, losing the East 280 ft. of their property. The 15.43 acre tract of land that is the subject of this rezoning request was annexed into the city at that time and was zoned A-1 (Agricultural) to allow it to receive a 15 -year Agricultural deferral on special assessment payments. That Ag deferral recently expired. Nature of Current Request Staff met with representatives of Beck's Hybrid Seeds and determined that based on the nature of their proposed operations and their warehousing space 1-2 (Light Industrial) was the most appropriate zoning classification for their 96,000 sq. ft. facility. Beck's proposed facility would be used for offices, crop seed sales, research, warehousing space and the storage of vehicles and equipment. Beck's facility and usage would have some similarities to Foley Equipment's facility directly to the north, which is also zoned 1-2. The Zoning Administrator and Beck's representatives concluded that 1-2 zoning would provide Beck's with the greatest flexibility to conduct their operations. The test plots surrounding their 15 acre building site would retain their Agricultural zoning. In the meeting between Planning staff and Beck's design team to discuss this project, staff identified two additional issues specific to this site and the proposed facility. Planning staff pointed out that this property lies in the mapped 100 year flood plain for Mulberry Creek and that the 100 year (Base) Flood Elevation for this parcel is 1215.0. Planning staff also noted that the subject property is located in the North Ohio Gateway Overlay District. Within this overlay district, property owners are required to file an applications for final site plan approval and their site development plan and building design must be reviewed and approved by the Planning Commission prior to issuance of a building permit. Zoning Ordinance Requirements Intent and Purpose of the 1-2 (Light Industrial) District The 1-2 district is designed to permit industrial activities of a limited nature which are compatible with adjacent use districts. Development of property located in the 1-2 zoning district is subject to the following development standards and limitations: 1. Uses allowed —All permitted uses in 1-2. This would include most manufacturing uses, metal AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: Community and Development BY: Services FINAL APPROVAL: Planning Division BY: Dean Andrew I BY: fabrication, warehousing and storage facilities as well as commercial uses. No conditional uses are listed in the 1-2 district, except for salvage yards. 2. Setbacks — Front yard — 25 feet on all sides abutting a street, except when located adjacent to an arterial street there shall be a setback of 75 feet from the street center line. Side yard — no minimum requirement, but if a side yard abuts a residential district, a side yard of 10 feet shall be provided. Rear yard — no minimum requirement, but if a rear yard abuts a residential district, a rear yard of 10 feet shall be provided. 3. Minimum lot width — 50 ft. 4. Minimum lot depth — 100 ft. 5. Minimum lot area — 5,000 sq. ft. 6. Maximum lot coverage — 50% of each building lot 7. Maximum structure height — no maximum 8. Parking — For repair garages — two (2) spaces for each service bay, plus 1 space for each employee, but not less than a total of 5 spaces. For offices — 1 space for each 300 square feet. For warehouse, storage and wholesale establishments — 1 space for each 2,000 square feet of floor area or 1 space for every 2 employees, whichever is greater. *Parking lots and driveways in 1-2 zoned areas must be surfaced with an all- weather material (gravel) but do not have to be paved. 9. Signage — pole, ground and/or wall signs a. Maximum sign area: four (4) square feet of sign area for each lineal foot of building frontage. b. Maximum height: roof sign — 30 feet above the highest point of the structure on which the sign is located; all other signs — 30 feet. AGENDA SECTION NO: ITEM NO: Page 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. c. Required setback: none ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew 10. Landscaping - front yard landscaping is not required in the 1-2 district. Intent and Purpose of North Ohio Street Gateway Overlay District FISCAL APPROVAL: BY: FINAL APPROVAL: BY: The North Ohio Street Gateway Overlay District is designed and intended to protect and enhance the aesthetic and visual character of the North Ohio gateway into the city from Interstate 70. In accordance with the Salina City Commission's strategic goal of encouraging quality, market driven, mixed use development it is intended to ensure that land development adjacent to North Ohio Street occurs in a manner that improves the overall appearance of major entryways into the city. The primary purpose of the North Ohio Street Gateway Overlay District regulations is to establish a framework for site planning and design to ensure development of a high quality along the North Ohio corridor. The purposes of the North Ohio Street Gateway Overlay District regulations shall also include the following: (1) Emphasize the interstate access at Ohio Street and Interstate 70 as a major entryway into the city. (2) Encourage high quality development as a strategy for investing in the city's future. (3) Shape the district's appearance, aesthetic quality, and spatial form. (4) Protect and enhance property values. (5) Enhance the city's sense of place and contribute to the sustainability and lasting value of the city. (6) Provide property owners, developers, architects, engineers, builders, business owners, and others with a clear and equitable set of regulations for developing land. The overlay district regulations apply to all new development and major redevelopment within the overlay district. Overlay district requirements supersede the regulations of the underlying zoning district (in this case, the 1-2 district) where the underlying district regulations are in conflict with the provisions of the overlay district. Some examples where overlay district requirements supersede 1-2 requirements include parking lot and driveway paving, front yard landscaping, outdoor storage and display and exterior building materials. AGENDA SECTION NO: ITEM NO: Page 5 Permitted and Prohibited Uses CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Uses permitted in the overlay district are uses that are permitted in the underlying zoning district, in this case, 1-2 (Light Industrial). The applicant's warehousing, research and development and agricultural equipment storage are permitted 1-2 district uses. The North Ohio Gateway Overlay District also has a list of uses that are prohibited in the overlay district regardless of whether they are permitted in the underlying zoning district. These uses include: (1) Adult book stores (2) Adult cabarets (3) Adult motels (4) Adult only movie theatres (5) Concrete or asphalt batch plants (6) Drinking establishment without food sales (7) Feed lots, stockyards and rendering plants (8) Flea Markets (9) Junk dealers (10) Manufactured home sales lots (11) Massage parlors (12) Pawn shops (13) Petroleum refineries (14) Salvage yards (15) Sand, gravel or earth mining operations (16) Scrap dealers (17) Scrap metal processing and storage (18) Tattoo parlors (19) Trash collection service or transfer station Suitability of the Site for Development Under Existing Zoning This factor deals with the suitability of the property for development under the existing A-1 zoning and also whether the current zoning has inhibited development of the property. The subject property has 554 ft. of frontage on North Ohio Street, a major entryway into the city. The north edge of the property is 1,050 ft. south of 1-70. While this property is suitable for interstate oriented commercial development, the applicant believes it is a prime location for their hybrid seed facility due to its proximity to 1-70 and the flat agricultural land in the vicinity. This northern portion of the North Ohio corridor was identified as being suitable for future commercial development in the City's Future Land Use Plan because it is located in the mapped 100 -year flood plan and not the 100 -year floodway AGENDA SECTION NO: ITEM NO: Page 6 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: for Mulberry Creek. New development is generally prohibited in the floodway, but new building construction can occur in the floodplain if the building site is elevated at least one (1) ft. above the 100 - year flood elevation. Because Ohio Street is only a two lane road in this location with no turn lanes, this site is not suitable for a high traffic generating use with frequent turning movements such as a truck stop or travel plaza. It is suitable for development with uses with lower traffic volumes. Given the water and sanitary sewer improvements made in this area and the improvements to the Ohio -1-70 interchange, the applicant believes that the current A-1 zoning of the site inhibits development of this site compared to similarly situated property on the west side of North Ohio Street — Foley Equipment and Kenworth both of which are zoned 1-2. Character of the Neighborhood This factor deals with whether the requested 1-2 zoning would be compatible with the zoning and uses of nearby property. The request area is located on a major transportation corridor as well as a gateway into the community from 1-70. Existing development in this portion of the North Ohio Corridor consists of service and retail uses including the Flying J Travel Plaza at the southeast corner of the interchange, the vacant Harley- Davidson building south of Flying J and the Kenworth truck service and repair facility and Foley Equipment on the west side of Ohio. Existing uses cater to large trucks and are large-scale in nature. The City of Salina has identified this as a Primary Service Area / Growth Area for the extension of City utilities and services. A 140 -acre water and sewer benefit district was created in 2001 to facilitate commercial development in this area. The C-7 (Highway Commercial) zoning for Flying J and the vacant Harley-Davidson building is consistent with this vision, but the 1-2 zoning on the Kenworth/Foley site is not. Concerns about the appearance of the North Ohio Street entryway into the community were addressed through the adoption of an overlay district along North Ohio. Because of concerns about the appearance of industrial uses along the North Ohio Street gateway into Salina and the lesser development standards in industrial zoning districts compared to commercial districts, a North Ohio Gateway Overlay District was created and adopted by the City Commission on January 8, 2007. The overlay district sets out front yard landscaping and parking lot surfacing requirements that are over and above the requirements of the underlying zoning district. The overlay district also regulates exterior building materials and outdoor storage and display. These overlay district standards lessened the concern about having industrial zoning and uses along the North Ohio corridor. As noted, the Kenworth Truck Service Center and Foley Equipment sites on the west side of North Ohio are zoned 1-2. Approval of 1-2 zoning for the 15 -acre Beck's Seeds site would be compatible with the zoning and uses of nearby property on the west side of Ohio Street and the proposed Beck's site would be developed in accordance with the same overlay district standards which includes paved parking. AGENDA SECTION NO: ITEM NO: Page 7 ublic Utilities and Services CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: This factor deals with whether the proposed rezoning will create traffic congestion, overtax public utilities, cause drainage problems, overload public schools, jeopardize fire or police protection or otherwise detrimentally affect public services and whether the property owner or developer will provide the public improvements necessary to adequately serve the development. Public water and sanitary sewer service have been extended to the Ohio Street & 1-70 interchange area. Natural gas and electrical lines are already in place in this area. The Salina Police and Fire Departments are already serving the Flying J complex and Foley Equipment's facility in this area so the applicant's development plans should not result in any additional burden on public utilities and services. Street access points, utility extensions and drainage will be addressed in detail in the plat review. Conformance with the Comprehensive Plan This factor deals with whether the proposed zoning would be contrary to the goals, objectives and policies of the plan and whether the proposed rezoning would require an amendment to the plan and whether an amendment could be reasonably justified. The Future Land Use Map in the Comprehensive Plan shows this section of North Ohio Street corridor as being part of a Commercial land use area. Rezoning this 15.43 acre site to a commercial zoning classification such as C-5 or C-7 would be consistent with this future land use designation. Rezoning it to 1-2 would not. The Comprehensive Plan states that "commercial land uses are currently located around Salina primarily along major transportation corridors. The commercial land use designation provides the opportunity for the development of general retail and service uses that serve neighborhoods, the community and the region." Staff would note that while the Kenwood truck service center, Foley Equipment and the proposed Beck's Seeds facility are not retail commercial uses they are service uses that serve the surrounding region, and although the underlying zoning on the west side of North Ohio Street is 1-2 (Light Industrial), Kenworth, Foley Equipment and the proposed Beck's Seeds facility are service businesses that serve the surrounding region and are more commercial in character and appearance than industrial. Due to the adoption of the North Ohio Corridor Overlay District, there is less concern about having industrial zoning along North Ohio Street and staff believes that approval of the proposed Beck's Seeds facility would be consistent with the goal in the Comprehensive Plan of enhancing the appearance of entryways into the community. AGENDA SECTION NO: ITEM NO: Page 8 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL NOTE: There is no fiscal impact associated with this rezoning request. Planning Commission Recommendation: FISCAL APPROVAL: BY: FINAL APPROVAL: BY: After continuing the public hearing on this application to allow negotiations with the Ward family to come to a conclusion, the Planning Commission reopened the public hearing on this rezoning request on the March 7, 2023. At the March 7t" meeting, following presentation of the staff report and comments from the applicant's representative, Jeff Maes, the Planning Commission voted 6-0 to recommend approval of the applicant's request for 1-2 zoning subject to satisfactory platting of the property. The Planning Commission's recommendation was based on the following findings: Because of its distance from Interstate 70, this site is more suitable for light industrial uses than interstate oriented commercial uses. 2. The subject site is adjacent to 1-2 zoned property on the north and a change to 1-2 zoning with the overlay district restrictions would be compatible with surrounding commercial and industrial development; 3. Public utilities are available and can be extended to the proposed building site making it suitable for urban development. 4. The subject property is within the City's Urban Service Area and based on the plans submitted by the applicant the requested zoning change would conform with the Comprehensive Plan's goal of enhancing the North Ohio Street entryway into the community. At the March 7t" meeting the Planning Commission approved the proposed site plan and building elevations for Beck's 96,000 sq. ft. facility to be located in the northwest corner of the site and a preliminary plat of the Beck's Addition, a one (1) lot plat. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: 1. Concur with the recommendation of the Planning Commission and approved Ordinance No. 23-11150 on first reading changing the zoning district classification of this property from A-1 (Agricultural) to 1-2 (Light Industrial). 2. Disagree with the recommendation of the Planning Commission and return this application to the Planning Commission for reconsideration of their recommendation. The Commission should state its reasons for disagreement with their recommendation. 3. Recommend that consideration of this ordinance be postponed to a future meeting date to allow the applicant and staff to provide additional information prior to further consideration of this rezoning request. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 03/27/2023 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development BY: ITEM Services FINAL APPROVAL: Planning Division NO: Page 9 BY: Dean Andrew BY: 4. Approve a motion to deny the applicant's request for 1-2 (Light Industrial) zoning on this 15.43 acre tract on North Ohio Street citing the reasons therefor. (This action would require four (4) affirmative votes). Attachments: 1. Application 2. Vicinity Map 3. Site Plan 4. Flood Plain Map 5. Existing Utilities Map 6. Excerpt of 03/07/23 Planning Commission Minutes 7. Ordinance 23-11150 CC: Jeff Maes, ComPro Realty �a Plamm�8 FT Community Daveloument Publication DateApplication (Jav 5 No. Hearing Date o Date Filed OVA. Vicinity Map Attached Filing Fee Ownership Certificate Receipt No. f'PPLlICATIO14 Fid&, At5EVt?WIENT TO T"E DISTRICT ZOINING, MAP 1. Applicant's Name Beck's Hybrid Seed Company 2. Applicant's Address 6767 276th St. Atlanta, IN 3. Telephone (daytime) 317-565-1989 E-mail caleb,bruner@beckshybrids.com 4, Owner's Name DK Farm & Ranch 6. Owner's Address 2474 Glenco Cir, Salina, KS 67401 6. Legal Description of Property to be rezoned (attach additional sheet if necessary) See attached plat 7. Approximate Street Address 2000 Block of N. Ohio St, 8. Area of Property (sq. ft. and/or acres) 9. Present Zoning A-1 10. Requested Zoning 1_2 Use Agricultural Use Sales/Office and Warehousing 11. Are there any covenants of record which prohibit the proposed development? YES ❑ (attach copy) NO [M] 12. List reasons for this request (attach additional sheets if necessary): Ilhe entirety of the property is currently zoned A-1 we are requestigna change in zoning for the improved portion of the property with warehouse and office 13. Provide additional Information showing the effect the request will have on present and future traffic flow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): Located in the N. Ohio overla district the proposed use is consistent with that district and neighboring properties as is the 1-2 classification, Utilities are accounted for in N. Ohio, emergency serveis already serving the area, no impact on schools proj. 14. Explain how off-street parking will be provided for this requested use: See attached proposed site plan. 100% of the parking and circulation is accounted for and handled on-site no off street impact. 15. List exhibits or plans ubmitted: Site Plan and Preliminary Plat Signature Date: D bu / j - Owners) Signature °r Date: 10 - 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: Jeff Maes - ComPro Realty Complete Mailing Address, Including zip code 157 S. Seventh, St. Salina, KS 67401 Telephone (Business): 785-493-8500 E-mail address: jeffmOcomprorealty.com PLF-051, Application Amendment to District Zoning Map, Rev. 04/2011 0 96,000 SQUARE FOOT FACILITY OFFERING SALES AND PRODUCT SUPPORT. o OVER 100 ACRES OF REGION -SPECIFIC RESEARCH AND AGRONOMIC SUPPORT. 0 OVER $20,000,000 IN TOTAL INVESTMENT. BEHLEH &SPAN BUILDINGS WWFACTURED IN COLUNBUS, NEBRASKA ALL STEEL, FREE•SPANNNG BUILDINGS BRICK IAASONRY FACADE FACE OF BUILDINGS TO HAVE BRICK FACADE TO MARK WIN ENTRY TO BUILDING AS WELL AS ALLOW FACILITY TO HARNIONVE WITH OTHER ESTABLISFFAENES ALONG THE NORTH OHIO STREET CORRIDOR. HAROSCAPE AND LANDSCAPING CONCRETE PARKING LOT AND ADJACENT LANDSCAPE BEDS TO OFFER IEMTING ENTRY TO SITE AND TO BEAESTHETICALLY PLEASING TO VISITORS AND SURROUNDING COMNSINITY Monarch n; c' 'I a' RS.,@, Gold Rd 70 Euclid Ave C Inez Ave US Ave Antrim Ave Hampton Ave Harsh ve U) Pacific Ave in Woodland Ave N Forest Ave � Grand Ave I LA an '0 0 Ho a St r North St a C E 0 r I Lakewood 7)rth Ohio Strp-( M Urban Residentu Application #Z22-12 Filed by Beck's Hybrid Seeds 1 inch = 500 feet Application #Z22-12 Filed by Beck's Hybrid Seeds C-7 uest Area C-7 mmel-Rd 1 inch = 500 feet 1= St .94 �o R -S A=1 1-2 Application #Z22-12 Filed by Beck's Hybrid Seeds R -S 1 inch = 500 feet Attachment Forth Ohio Overlay District City 0f Pleasant:Hill Rd sauna Monarch —Rd�,o =Gold -Rd O Diamond:Dr o 6h d 'ct Stimmel:Rld c 0 o E ro in Tln �� [ Way_M-mcye, CD Ln tGray=Rd Euclid- e- rn Inez:Ave Otiso Hamilton•Ave 00 �,, ®®Harsh Ave 04 t Pacific Ave P_acific_ct _ M 11 a! oh_ 40�Ct ®Woodland Ave Z ol TLt1 'M'-� 1N o t-� Fo est Av r e -Grand Av0 �rospect Ave tFllufy �B y Van N IAB ` j� Home St' a Dewey�St LI u /" � 'g `° work Ave/d Q LL Zi V a e. 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(Continued from February 21, 2023 Regular Meeting) (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 15.43 acre tract of land located on the west side of North Ohio Street south of I- 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 presented the staff report with visual graphics for Item 3.1 a., which are contained in today's meeting packet. Chair Mikesell asked the Commission if there were any questions for staff. Commissioner Farber and Mr. Andrew discussed that the subject property is within city limits. The proposed facility is a low volume use and will not significantly impact traffic levels along North Ohio Street south of 1-70 where the road is 2 -lane highway with no turn lanes. Having a lower traffic -generating use is more desirable for this area. Rezoning to 1-2 for this proposed business supports this goal. The nature of Beck's Hybrid Seeds facility is not one that would create a high level of traffic congestion. Chair Mikesell asked the Commission if there were any questions for staff. There were none. Mr. Herrs presented the staff report with visual graphics for Item 3.1b. (Beck's site plan) which are contained in today's meeting packet. Mr. Andrew noted that the storyboards provided by Beck's Hybrid Seeds show the placement of the 96,000 sq. ft. building in relation to North Ohio Street and 1-70. He also pointed out that the entrance to the site is located off of Ohio Street. Commissioner Ivey, Mr. Andrew, and Mr. Herrs discussed the location of the required landscaping and which side of the facilities would be considered the "front" side. The PLANNING COMMISSION I MINUTES March 7, 2023 Page 2 of 7 area along North Ohio Street is where the required landscaping improvements would be integrated. On Foley Equipment's site both equipment display and landscaping are integrated along the frontage of their building, parallel to North Ohio Street and also facing 1-70. Beck's Seeds would not have frontage facing 1-70. The purpose of the front yard landscaping requirements are to improve the streetscape appearance of the property. Commissioner Waters asked where the entrance to the facility would be located along North Ohio Street. Mr. Herrs stated that the location of the proposed driveway entrance would be located near the northeast corner of the property, directly across from the Harley Davidson entryway via the aerial map. Mr. Andrew presented the staff report with visual graphics for Item 3.1c. (the preliminary plat) 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. Mr. Jeff Maes, 157 S. 7th Street, ComPro Realty representing Beck's Hybrid Seeds. He affirmed that nothing stands to be a problem in regard to the conditions presented on this item. He asked for clarification on the entrance width limit. Mr. Herrs said the width of the driveway is measured at the property line. The width of the overall approach would be located in the right-of-way is not restricted. Paving width measured at the front property line cannot exceed 30 ft. There is room allowed within the Ohio Street right-of-way for wide -radius turns for easier access of trucks into the main site. Mr. Maes said that with the three (3) buildings side-by-side, it creates a width of 300 feet. He said that without allowing the overhead doors on the east elevation, access to the building's interior becomes functionally cumbersome. He went on to say that they are willing to improve and enhance the fagade of the east side to meet the desired standards. Mr. Maes also stated that his hope was to be able to work through the details and site plan with staff. He anticipates that all design concerns will be addressed, but with the continued postponement of this agenda item, they would like to ensure the process continues to move forward. Chair Mikesell confirmed with Mr. Maes that Beck's Hybrid Seeds would be okay working with staff on the landscaping plan and fagade material usage for the east side. Mr. Maes said they would enhance the east elevation to meet the standard. Beck's will be actively bringing in farmers. He stated that for "field days", 1,000-1,500 farmers will be brought on-site for a tour and educational experience. They will also host events to obtain new business, but the majority of the year will be one-off visits. The day-to-day operation will primarily be individual farmers who come in to learn about PLANNING COMMISSION I MINUTES March 7, 2023 Page 3 of 7 the product. Large trucks and box trucks for delivery and pickup will be the primary traffic in and out of the site. When Beck's is visited on a field day, the attendees will park elsewhere and be bussed into the site. Chair Mikesell and Mr. Maes discussed whether the plots would be irrigated. The fields would be a combination of irrigated and dry beds. The facility is essentially a large laboratory operation. Kansas was chosen for its success in farming wheat and corn. Commissioner Waters asked how many full-time employees Beck's will have. Mr. Maes affirmed that there would initially be 4-6 full-time employees. Once the business is more stabilized, the number would increase to 8-10. The regional manager has already been hired and they are actively hiring for both travelling and local sales. Commissioner Alt, Mr. Maes and Mr. Andrew discussed the current locations of the other Beck's Hybrid Seeds locations. Chair Mikesell asked if there were comments or questions from members of the public in attendance. Mr. Maes, Commissioner Alt, Mr. Andrew and a local banker discussed where the agricultural plots would be located. Beck's will be operating on more than 15 acres; the 15 acres being applied for is for the building facilities and parking only. Chair Mikesell asked if there were any members of the public online. There were none. Commissioner Ivey asked if the developer would work with staff on the stipulations on the planning of the building. Mr. Andrew outlined three (3) options for the Commission to consider for Item 3.1 b. The guidelines for the Overlay District state that overhead doors cannot face Ohio unless an exception is made. The Commission may grant an exception due to the distance from the street. They may also vote to make an exception to the required 20% of non-metal exterior for the east side. The Commission could also require wainscoting to be added to that side except for the door openings. Foley used masonry wainscoting between their overhead doors on the lower level of the exterior wall to a height of approximately 7 feet tall. To summarize, the Commission could vote to grant an exception to allow overhead doors and to determine whether masonry wainscoting would be required on the east side. If the Commission approves that exception, staff would work out those details with the developer. Chair Mikesell and Mr. Andrew discussed the overhead doors existing at Kenworth. Mr. Andrew stated they were built before the Overlay District was established. PLANNING COMMISSION I MINUTES March 7, 2023 Page 4of7 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. —� MOTION: Commissioner Alt made a motion to recommend approval of Item 3.1a (Application #Z22-12) subject to the approval of the proposed site plan (Item 3.1 b) and approval of a final plat of the property SECOND Commissioner Waters VOTE: Motion carried 6-0 MOTION: Commissioner Olson made a motion to approve item 3.1b, the preliminary site plan, allowing the following exceptions due to the distance between the proposed facility and Ohio Street: 1. The enhanced building facade will be allowed to face north instead of towards Ohio Street. 2. The overhead doors on the east side will be allowed to face Ohio Street with masonry wainscoting being installed between the doors. 3. The requirement for masonry wainscoting on the west and south sides will be waived. Further, the Commission agreed unanimously to make their approval subject to Conditions No. 1-10 in the staff report, excepting for Condition No.4 in the report and the addition of Condition No.11 which requires the site plan to be amended to reduce the proposed driveway width from 50 ft. to 30 ft. at the front property line. The applicant is to work out other final design details with staff prior to issuance of the building permit. SECOND: Commissioner Farber VOTE: Motion carried 6-0. MOTION: Commissioner Farber made a motion to approve item 3.1 c, ( Application #P22-3) incorporating all public improvement elements subject to the four conditions outlined on page 5- 6 of the staff report. SECOND: Commissioner Waters PLANNING COMMISSION ( MINUTES March 7, 2023 Page 5 of 7 Summary published in The Salina Journal on April , 2023. Posted on the City of Salina website from April to April _, 2023. ORDINANCE NUMBER 23-11150 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, Section 1. Findings. In relation to the following described Lot 1, Block 1, of Beck's Addition to the City of. Salina, Saline' County, Kansas. (the "Property") the Governing Body makes the following 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. Because of its distance from Interstate 70, the Property is more suitable for light industrial uses than interstate oriented commercial uses. 3. The subject site is adjacent to I-2 zoned property, on the north and a change to 1-2 zoning with the overlay district restrictions' would be compatible with surrounding commercial and industrial development; 4. Public utilities are available and can be extended'to the proposed building site making it suitable- for urban development; 5. The Property is within the City's Urban Service Area and based on the plans submitted by the applicant the requested zoning change would conform with the Comprehensive Plan's goal. of enhancing the North Ohio Street entryway into the community. Section 3. Repe are in conflict wi ISTRICT "1-2". The Zoning District Map of the City of Salina, the Property as part of DISTRICT 11I-2" LIGHT INDUSTRIAL ordinances relating to the Property are repealed to the extent they Section 4. Effective date; publication summary. 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. 23-11150 Summary On , 2023, the City Commission passed Ordinance No. 23-11150. The ordinance changes the zoning district classification of a 15.43 acre tract of land located on the west side of North Ohio Street south of Interstate 70 from A-1 (Agricultural) to I-2 (Light Industrial) to allow construction of a company. A complete copy of the Ordinance office of the City Clerk, 300 W. Ash, free of c legal counsel. [SEAL] ATTEST: JoVonna A. Rutherford, City Clerk sales office and warehouse space for a seed can be found at www.salina-ks.gov or in the harge. This summary is certified by the City's Introduced: March 27, 2023 Passed: Upon final platting of the Property Michael L. Hoppock, Mayor The publication summary set forth above is certified this day of , 2023. Greg A. Bengtson, City Attorney