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7.1 Zone Sur Plat 8CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 8/4/97 4:00 P.M. AGENDA SECTION: NO. 7 ORIGINATING DEPARTMENT: PLANNING & DEVELOPMENT APPROVED FOR AGENDA: ITEM ROY DUDARK NO. .l & 'la BY: ~ Item Application #Z97-11, filed by the Salina City Planning Commission, requesting the rezoning of Lots 15, 16 and the North 150' of the East 90' of Lot 19 in Surveyor's Plat No. 8 from C-5 (Service Commercial) District to C-2 (Neighborhood Shopping) District. (1600 Block E. Iron). Background The subject property located at the southwest corner of Iron and Iowa, is currently zoned C-5. The building was designed for and was historically used as a gasoline service station. When the underground gasoline tanks were removed a few years ago, the use changed to an auto repair business. This business recently relocated and the building is presently vacant. Because of the inherent nature of previous uses and the activities allowed in C-5, there was a considerable amount of outdoor parking of vehicles awaiting repair and outdoor storage of equipment and materials used in the business. This situation resulted in previous complaints of unsightliness from surrounding areas which are zoned C-1 office, C-2 neighborhood retail and R-S and R-2 residential. Planning Commission Recommendation The Planning Commission conducted the initial public heating on this case on July 2. On July 16, following presentation of additional information fi'om staff and comments from the owner, the Planning Commission approved a motion 7-0 to recommend that the property be downzoned from C-5 to C-3. The C-3 district allows a variety of commercial businesses but restricts outdoor display and storage activity. City Commission Action If the City Commission concurs with the recommendation of the Planning Commission, the attached ordinance should be approved on first reading. The protest deadline expired on July 30, 1997 and nothing was filed. Second reading would be scheduled on August 11, 1997. If the City Commission disagrees with the recommendation, it may: 1) overturn the Planning Commission and deny the request provided four (4) votes are in support of such action; or 2) return the application to the Planning Commission for reconsideration citing the basis for disapproval. Encl: Application Vicinity Map Excerpt of Planing Commission Minutes of 7/2 and 7/16/97 Ordinance 97-9819 Bob Bostater CC~ PUBLICATION DATE No Later Than June 10, 1997 APPLICATION NO. tZ97-11 HEARING DATE Jnl¥ 2, 1997 DATE FILED June 4, 1997 VICINITY MAP ATTACHED Yes FILING FEE -O- OWNERSHIP CERTIFICATE RECEIVED ¢c. RECEIPT NO. (INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) 2. 3. 4. 5. 6. APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP (REZONING) Applicant's Name: Saltna City Pl?nntng Cm-r,~,sto, Applicant's Address 300 ~I. Ash Saltn~ Zip Code: 67&01 Telephone (Business): 826-7260 (Home): Owner's Name: 100 N. Santa Fe Co., Inc.,/J. Rnlph Bro~n Owner's Address 730 Fairdale Road/835 FaJLrdale Road Zip Code: 67/,01 Legal description of property to be rezoned (attach additional shee~s if necessary): Lot(s) 15, 16 and the N 150t of the F. 90* of Lot 19 In Block No. In Surveyor t s Plat I~o. 8 Subdivision Metes and bounds description if unplatted (a Surveyor's Certificate must be filed with this application and if approved will be required to be platted): 7. Approximate street address: !622 Ii:. Iron 8. Area of property (sq. ft. and/or acres): 9. Present zoning: P.-S Use: ~'acant ser~t~-e Rr~l'~lnn/r,-p~-h- garage 10. Requested zoning: C-2 Use: Netghhorhoorl ~-t -tc~'~l or of£ices 11. Are there any covenants of record which prohibit the proposed development? (Attach copy): l~o 12. List reasons for this request. (Attach additional sheets if necessary): 't~tR tR the only C-5 zoned p~rrel on Iron east of Ohio. C-2 zoning would be more compatible with the m~rrn.ndtng office and residential development. 13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities, refuse collection, surrounding properties, e[c: (Attach additional sheets if necessary) No change in existing development proposed. 14. Will there be sufficient off-street parking provided for the requested use? Explain: Required parking ~rlll be determined if there iR a rhnngp tn ,,~ 15. List exhibits or plans submitted: YJLcinity PROPERTY OWNER(S) APPLICANT'S SIGNATURE: SIGNATURE: DATE: DATE: If the applicant is to be represented by legal counsel or an authorized agent, please complete the following so that correspondence and communications pertaining to this application may be forwarded to the authorized individual. NAME OF REPRESENTATIVE: ADDRESS: TELEPHONE (Business): White - Planning Canary - City Clerk Pink - Inspection {PLEASE OO NOT DETACH) ZIP CODE: AREA CODE: Gold - Applicant (Rev. 8/84) 101 APPLICATION #Z97-11 SALINA CITY PLANNING COMMISSION IRON C-2 ~ R-2 IRON AV REQUEI C-2 R IV C^RT! IL R Salina Planning Commission July 2, 1997 Page 22 is important to us. We do receive continual complaints on parking. I happen to be the person who receives those the most frequently in fact all of them and I certainly would be grateful to retain those spaces. {r. Blevins asked are there any questions the )licant? Hearing none are there any ~itizens [sh to comment? Hearing none I will bri it back to the ~lssion for discussion and possible on. Mrs. asked will there landscaping required on lot? Mr. Dudark stated are ~ped areas all along South Street along and there is an interior island here that will b, Duckers there ~ be other landscaping to Mrs. break it up if waive th~fer zone? MOTION: Mrs.~/Wlener moved to recommend to the C~ Com~lsston a~Toval of Application #Z97-10, including th~aiver of /the Fifth Street landscape buffer per the ap~cant's / landscaping p~oposal and the following reasons ~m~ort / this zoning change because of the proximity to existing / commercial parking lots and the water plant the site is a~ / undesirable residential location and the rezoning request area i? a logical extension of the existing C-3 district VOTE: Motion carried 5-0. #8. Application #Z97-11, filed by the Salina City Planning Commission requesting a change in zoning district classification from C-5 (Service Commercial) to C-2 (Neighborhood Commercial) on property legally described as Lots 15, 16 and the North 150 ft. of the East 90 ft. of Lot 19 in Surveyor's Plat No. 9 (aka 1622 E. Iron). Mr. Dudark gave the staff report and stated the property on the screen is the corner of Iowa and Iron Street on the southwest corner, to the east is the Board of Trade Building, to the north is the Woods and Durham area and there are also some homes there and then to the west and south is business offices, insurance, real estate and investments. The property has been zoned C-5 since 1978. Prior to that it was a "D" local business district. The building has been used as a service station, and then most recently as an automobile repair business. As you know, that particular business was brought before you at your last meeting and has relocated to Pacific Ave. in north Salina. We presented this item to the Commission and staff feels this is an opportune time to look at the comprehensive zoning pattern in that area. C-5 allows a lot of heavier service commercial uses, outdoor storage particularlY, contractors offices, etc. and also you could have a vehicle or equipment rental business. There are a number of heavier commercial uses that involves uses that may not necessarily be in character with the other uses in the area. Our recommendation is C-2 zoning. We believe that would be the most appropriate zoning given the pattern of the zoning in the area. We have C-I, C-2 and R-3 around it. C-2 is a local business district, it Salina Planning Commission July 2, 1997 Page 23 allows mostly offices but it does allow some light retail shopping, laundromats and a number of uses that we mentioned here like florists, beauty shops, barber shops and things like that that are really Just kind of localized ~ervices that are very light such as gift shops. And even though there is some retail in C-2 it is typically not heavy oriented, there is no outdoor storage and there would not be much auto~obile presence or traffic there and we believe that would be mostly compatible with what the zoning pattern is in the area. We have had a lot of complaints frankly with the automobile repair business over the years and people essentially didn't understand why that would necessarily be present there surrounded by what the uses are in the area. I don't have a good answer for you, mainly I guess it was a service station and so the zoning was put in that way in 1978, they gave it C-5 feeling that was the existing use. Typically what you would do on something like that would be to, even though the use was there, you would still put in a C-2 zone and it would become a nonconforming use. It would continue to exist but once it was discontinued then only C-2 uses would go in so now with the C-5 present, any other C-5 use could be established, so legally to prevent that, the zoning would have to be changed to C-2 or a lower type of zoning. Our recommendation is really to try to look at the area as a whole and have a zoning pattern that is consistent with the use and value of surrounding property. Mr. Davidson asked am I correct that as long as the building stays there it could be an auto repair shop even changed to C-27 Mr. Dudark stated no it could not be an automobile repair shop. Even under the C-5 district an automobile repair business is a conditional use. So to reestablish an automobile repair business would take a conditional use permit which requires a hearing, but you could establish a service station or any number of other permitted C-5 uses without a conditional use permit. For example you could have an equipment rental business like Barragree's, you could have a used car lot like Cunningham's, there could also be a contractor's storage yard. There are quite a lot of things you could do in C-5 zone without a conditional use permit, Just by going in and getting an occupancy permit for the building itself, it may or may not require modification of the building, it Just depends on what is being proposed for the building. Mrs. Duckers asked so in downzoning this to C-2 it will only permit small retail office space and that type of thing, even if the building is sitting there and we rezone it to C-2 it cannot be used for an automobile repair shop. I think what happened there is it was a nice little filling station 'and suddenly the filling station disappeared and we ended up with an auto repair shop on that corner and since it was grandfathered in there was nothing that you could about it. Mr. Dudark stated right, that happened before the ordinance was changed to require a conditional use permit for auto repair. I might Just mention permitted uses in the C-2 district would be antique shops, apparel stores, art galleries, banks, barber shops, beauty shops, bike stores, books stores, professional and business offices, camera stores, dry cleaning and laundry, florist shops, food stores, gift shops, medical and dental clinics, mortuary, optical shops, pharmacies, self-service launderies and shoe repair shops, as you see most of those are light business oriented shops, none of them would- allow outdoo~ s~orage of equipment or things like that. Salina Planning Commission July 2, 1997 Page 24 Mr. Blevins asked are there further questions of staff? Hearing none would the applicant care to comment? Robert Bostater, 2041Rldgeview, representing Royal Realty the owner of the property at 1622 E. Iron, they have owned it as long as I can remember and before I was even associated with Royal Realty. I have personally been responsible for the operation of that since 1978. One thing that comes as a tremendous shock to me is Mr. Dudark's comment that there have been a lot of complaints about that building. In my years from 1978 until today I have never once received a single complaint from any neighbor or from the City indicating that there was any kind of a problem with the business that was going on at that service station. I will grant you it was a service station and it looked like a service station and when the underground tank laws were changed, making it impractical to have a service station with a small number of tanks, Ott Oil Company pulled out of there and left the person who had been running the service station to run Just an auto repair business. I would like to say that over the years that thing has been an auto repair station longer than most of us have been around this town. It has obviously served an extremely valuable need within the community. As far as I know the next closest auto repair station would be the Amoco station at the corner of Ohio and Crawford. We have always been pretty responsible about how we handle our property and I can guarantee you that if any complaints had been directed to us, if they had come into the City we would have immediately taken action on it. To now come at us and say that we should go all the way from C-5 down to C-2 which essentially destroys the entire value of the building that is there. We would be pretty much faced with having to raise that building. It seems a little radical to me. Surely there must be some other solution then to go all the way from C- 5 to C-2. I would be happy to answer any questions. Mr. Blevins asked my understanding is there haven't been conversations between you and City staff is that correct? Mr. Bostater stated that is correct. Mr. Blevins stated my information is that there was some difficulty in finding out who the owner or other owners of the property was. The reason there hasn't been any discussion is really irrelevant, but the point that I want to confirm is that there hasn't been an opportunity to do that, is that correct you have not had those conversations? Mr. Bostater stated I have certainly been in town and had every opportunity to be contacted. Royal Realty is a company that has. been here for many, many years, our existence is not hidden. The property address or tax statement all state where our offices are and they certainly should not have any trouble finding us. Mr. Davidson asked what do you foresee as the best use for this building? Mr. Bostater stated the building itself is pretty much a one purpose building, when you have a building with hydraulic auto lifts it is pretty hard to rent it out for office space. If you change the zoning, basically we are going to have to convert it into some kind of offices which I assume is going to take $100,000 to $200,000 to knock that building down and to put something else up there. On a piece of property that the City just said Salina Planning Commission July 2, 1997 Page 25 went from $44,000 of value last year to $66,000 this year, it seems to me that we are losing a lot of value if you change the zoning because this building becomes a liability as opposed to an asset Mr. Blevins asked are there any other questions of the applicant? Mr. Bostater stated I do have ~ne other comment. We have been approached by a couple of people concerning the use of that building, one of them has obviously come to your attention because it is an equipment rental place out of Wichita, which I don't think that we are particularly Interested in because of the fact that there would be equipment outside and we don't think that is realistic for that corner, nor would we consider renting to anybody that would have an unsightly place. We own an apartment complex Just up Iowa Street and we don't want it to look like a trash heap either. Ail I am really asking is isn't there some way that we can do this that isn't quite so drastic as going to C-2, maybe a C-4 zone or something of that nature would be appropriate. Mr. Blevins stated I will bring it back to the Commission for further comment. I would like to see this matter set over to allow a chance for parties to directly deal with their concerns and explore their options and perhaps meet a mutually acceptable understanding. MOTION: Mr. Davidson moved to table Application #Z97-11, until the July 16, 1997 meeting. SECOND: Mrs. Duckers seconded the motion. Mr. Dudark asked what is the Planning Commission asking staff to do? Mr. Blevins stated Just have a meeting Mrs. Duckers stated give us a chance to see what uses are permitted when say you drop down to a C-4 or C-3 rather than dropping all the way to a C-2. Mr. Dudark stated C-4 as you know is the Central Business District which really wouldn't be appropriate, but C-3 perhaps would be and we would be happy to share the C-3 list for those uses that wouldn't be on the C-2 list so that the owner and you would all know that. Mr. Blevins stated my hope is that after a meeting we won't Just take action but that everybody will be satisfied. VOTE: Motion carried 5-0. #9. Other matters. Mr. Dudark stated I just want to inform the Board about a couple of things. The City Commission has asked the prepare an ordinance dealing with adult .ed We currently do not have any that deal with like that so the and the Planning workin that now. There is probably a section be in the Zoning Ordinance dealing with the h businesses, mainly nearness to or church or lal area or day care public parks those kinds of we are MINUTES SALINA CITY PLANNING COMMISSION CITY COMMISSION ROOM JULY 16, 1997 4:00 P.M. MEMBERS PRESENT: Blevins, Brown, Macy, Morse, Thompson, Umphrey, and Weiner MEMBERS ABSENT: Davidson and Duckers DEPARTMENT STAFF: Dudark, Andrew and Barker. The Hearing began at 4:00 p.m. #1. #2. The minutes of July 2, 1997, were approved as presented. Application #Z97-11, filed by the Salina City Planning Commission requesting a change in zoning district classification from C-5 (Service Commercial) to C-2 (Neighborhood Commercial) on property legally described as Lots 15, 16 and the North 150 ft. of the East 90 ft. of Lot 19 in Surveyor's Plat No. 8 (aka 1622 E. Iron). Tabled on July 3, 1997. Mr. Dudark gave the staff report and stated this case was considered at your July 2 meeting. After hearing the staff report and comments from the property owner, the Planning Commission tabled the item so that the owner could meet with staff to review options. Staff met with the affected property owner on July 8. Although the application was for C-2 zoning we reviewed the allowed uses in C-2, C-3 and C-5. Both the owner and staff agreed that the uses and operating characteristics (outdoor display or vehicles, equipment and materials) allowed in C-5 is not compatible with surrounding businesses, professional offices and residences. The C-3 zone is designed for shopping center development and generally requires a minimum of one acre of land. However, it allows a number of additional uses not allowed in C-2 but without the outdoor display and storage features of C-5. The more practical problem is that the existing building was designed as a service station with service bays containing in-ground car lifts and high ceilings. Unfortunately, the building is not very flexible for adaptation to other uses. There is active interest, however, in acquiring the property from a professional business who likes the location. They are examining the feasibility of remodeling the building for office use. The C-3 district does allow automobile service but not automobile repair. When you drop your car off at 8:00, pick it up at 5:00 p.m. but it doesn't sit there for weeks waiting for parts or with the tires off of it as a damaged vehicle. Sears has automobile service, it is in a C-3 zone. You drive along the back of Sears and all of the business activity is conducted inside the building, in the bays, you don't see the cars setting out behind there waiting for parts or on blocks or whatever, in C-5 you can do that. So that essentially is the difference between C- 3 and C-5, C-3 is primarily oriented to indoor activity and very little outdoor activity except for parking for employees and custom.ers. Certainly you could have an overnight car parked there, that would not be a problem, but a car that is inoperable because the transmission is out or something like that then that is not the kind of thing that you would want to see in a C-3 district. I don't think really that C-3 gives us that much concern. It is pretty much the appearance question, the uses don't seem to be that problematic so that is why we have recommended either C-2 or C-3. Salina Planning Commission July 16, 1997 Page 2 Mr. Blevins asked are there any questions of staff. Mr. Thompson asked if I understand you correctly, then if you left it C-5 you could still do everything that you are doing in C-2 and C-37 Mr. Dudark stated correct. Mr. Blevins asked and you did have the opportunity to meet with the owner in private? Mr. Dudark stated yes we did. Mr. Blevins asked are there any more questions of staff? Hearing none would the applicant care to comment? If so please state you name and address for the record. Bob Bostater, 2041 Ridgeview, as Roy stated we have had considerable discussion concerning the property in the past week or two. I would ask that if you are going to down zone this that you do at least give us the latitude of the C-3. It is a very specialized building with hydraulic lifts and so forth, there are very few uses within in a C-2 zoning that the building is suitable for. I think a C-3 zoning classification would be a very good compromise at this point and we can all go away at least only slightly damaged maybe. I would appreciate your consideration on that point. Mr. Blevins asked are there any questions of the applicant? Actually you are not the applicant but the property owner. Hearing no questions of Mr. Bostater are there any members of the public who would care to comment? Hearing none we will bring this back to the Commission for discussion and possible action. MOTION: Mr. Morse stated it seems reasonable to me that C-3 would provide the owner with what they need as far as possible uses, and still satisfy some of our concerns about C-5 and with that in mind I would recommend to the City Commission approval of application #Z97-11, rezoning that property from C-5 to C-3 and that is based upon the fact that there would be no adverse affect on the surrounding neighborhood, there are adequate public utilities available and it would be in conformance with the Comprehensive Plan. SECOND: Mr. Umphrey seconded the motion. VOTE: Motion carried 7-0. Mr. Bostater stated I would like to thank the staff and yourselves for working with me. Mr. Blevins stated good luck on your negotiations. f_st#3. Application #Z97-13, filed by Ron and Cheryl Ahrens on behalf of Sonic Drive-In, requesting a change in zoning trict classification from H-3 (Multi-Family 1) to C-3 ~Shopping Center) District to feet parking for the Sonic Drive,In.~ The subject pr~is legally described j~ ~o~ 175 on S_eventh_Street In _~iginal ?o:.-~of Salina, Saline County, Kansas Mr. A.ndre~e staff report an~d~-:~ted this is a rezon~quest to go from R-3 (Multi-Fam~-~to c-3 ~pping center) District. This is a property t~'~