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
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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~'~