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7.1 Zone Van Trine's Add CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 4:~ P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 7 AGENDA: ITEM: PLANNING & DEVELOPMENT NO' 1 & la'~ BY: Roy Dudark ~ BY: Item Application #Z94-8, filed by Windsor Estates, Inc., d.b.a. McCall Manor, requesting a change in zoning district classification from R-2 (Multi-family Residential) to R-3 (Multi-Family Residential) on property legally described as Lot 26, Block 1, in Van Trine's Addition to the City of Salina, Kansas (aka 656 S. 3rd). Nature of Current Request The owners of the McCall Manor Nursing Home recently purchased the lot to the south of their holdings for the purpose of constructing ~ additional off-street parking. This lot is currently zoned R-2 and contained a house that was on the City's Dangerous Structures list. The house has been demolished and the lot was cleared and is now vacant. Nursing homes are listed as Conditional Uses in any location in R- 3 and only in locations on collector or arterial streets in R-2. South 3rd Street is not a collector or arterial street. Because a nursing home or portion of a nursing home could not be built on an R-2 zoned lot in this location, neither can accessory off-street parking to serve a nursing home. A change to R-3 zoning is required because of the nature of the use the parking lot would serve. The applicant owns Lots 14-24 on South 3rd Street which are zoned R-3 and has filed an application to rezone Lot 26 to R-3. A companion application for a Conditional Use Permit to allow construction of a parking lot was approved by the Planning Commission on December 20, 1994, subject to final approval of the zoning change by the City Commission. COMMISSION ACI~ON MORON BY SECOND BY THAT: : CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 4:00 P.M. 1/9/95 AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO, AGENDA: ITEM PLANNING & DEVELOPMEN~ NO. Roy Dudark Paqe 2 BY: BY: Suitability of the Site for Development Under Existing Zoninq This factor concerns whether the subject property is suitable for development as currently zoned. A dilapidated dwelling on this lot was recently demolished and its removal was an improvement to the neighborhood. The applicant's position is that this lot is not really suitable for redevelopment as a single-family home or duple~ site because of its narrow width and that it is more valuable as a site to accommodate McCall Manor's need for additional parking. Staff believes that it is physically possible to fit a new dwelling on this lot but does agree that this lot is a transition lot between an institutional use (the nursing home) to the north and residential uses to the south. Character of the Neighborhood This factor concerns whether the uses allowed under the requested zoning would be compatible with the zoning and uses of nearby property. McCall manor's current holdings, the entire east side of 3rd Street and the southern six (6) lots on the west side of 3rd Street are zoned R-3 and this block contains a mix of residential uses and densities. If McCall Manor were located on a collector or arterial street, no rezoning would be required to expand their parking, although, a Conditional Use Permit would still be needed. Staff views this request as a reasonable expansion or extension of the existing R-3 district. Public Facilities and Services The proposed expansion would not create any additional burden on public utilities or services. Conformance with Comprehensive Plan The comprehensive plan designates this area as medium density and high density residential. Rezoning to R-3 would be consistent with this designation. Planning Commission Recommendation The Planning Commission conducted a public hearing on this application on December 20, 1994. Following comments from staff and the applicant, the Planning Commission voted 5-0 to recommend approval of the requested zoning change to R-3. : CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 4:00 P,M. 1/9/95 AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: ITEM PLANNING & DEVELOPMEN~ NO. Roy Dudark Paqe 3 BY: BY: The Planning Commission offered the following reasons in support of its recommendation: 1. The proposed change is a natural extension of the existing R-3 district. 2. The uses allowed under the requested R-3 zoning would be compatible with the uses and zoning of nearby property. 3. The proposed change would not affect public facilities and services. 4. The proposed rezoning is consistent with the Comprehensive Plan. 5. The proposal would compliment the neighborhood and serve a purpose for the neighborhood as well as buffer the R-2 area south of it. City Commission Action If the City Commission concurs with the recommendation, the attached ordinance should be approved on first reading. The protest deadline expired on January 3, 1995, and nothing was filed. Second reading would be scheduled on January 23, 1995. 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 Planning Commission Minutes of 12/20/94 Ordinance No. 95 - 9670 cc: Lee Haworth ; ,. PUBLICATION DATE No Later Than November 29, 1994 APPLICATION NO. Z94-~ HEARING DATE December 20, 1994 DATE FILED November 10_. lqq4 ':i. VICINITY MAP ATTACHED Yes FILING FEE $212.00 ' OWNERSHIP CERTIFICATE RECEIVED RECEIPT NO. N/A {INSTRUCTIONS FOR COMPLETING THIS APPLICATION ARE ON THE REVERSE SIDE OF THIS FORM) ~',. APPLICATION FOR AMENDMENT TO THE -...,, . DISTRICT ZONING MAP (REZONING) 1 Applicant's Name: Windsor ][state, Thc. dba McCall Manor " 2. Applicant's Address 626 South Third Salina, Kansas Zip Code: 67401 ~' 3. Telephone (Business): 913-825-8183 (Home): NA 4. Owner's Name: Sa~e 5. Owner's Address Zip Code: 6. Legal description of property to be rezoned (attach additional sheets if necessary): Lot(s) ~ent¥-si× (26) In Block No. One (1) .~ In Vantrines Addition to the city of Salina, Saline Co., Kansas 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: 656 South 3rd 8. Area of property (sq. ft. and/or acres): 6625 sq ft 9. Present zoning: R-2 Use: Vacant ground 10. Requested zoning: R-3 Use: Carports for McCai1 Manor · .: 11. Are there any covenants of record which prohibit the proposed development? (Attach copy): No 12. List reasons for this request. (Attach additional sheets if necessary): To establish additional parkinR and carports for McCall Manor 13. Supply factual data showing the effect the request will have on present and future traffic flow, schools, utilities, refuse collection, surrounding properties, etc: (Attach additional sheets if necessary) Should have no effect on traffic, schools, utilities and surrounding property 14, Will there be sufficient off-street parking provided for the requested use? ¥e8 Explain: 15. List exhibits or plans submitted: Plot plan~ landscape plan & certificate of survey SIGNATURE: .--"~ _,~" ? ~ S IG NAT .~~?'~r-z~' DATE: ///z~///~ ..¢/,/ 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: Lee Haworth ADDRESS: 348 E Ave A Salina, Kansas ZIP CODE: 67401 TELEPHONE (Business): ~[3-823-7168 AREA CODE: 913 White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant (Rev. 8/84) 101 {PLEASE DO NOT DETACH) ? 8 7 ~ 4 ADD. AppLiCATiO# J~Z94z8 and lBO' 73,5' t i i. .... ~ CENTER 9 ~o ~ 3 ' NE F' LYeS PLAT PRESCOTI' 9 6 7 10 9 I0 9 13 I.5 9 14 14 13 20 2~ 12 22 23 ~ 13 22 21 ' 22 22 ,30 ,31 17 ~9 30 29 30 33 34 33 34 34 34 35 ~ 19 20 3S 36 3S 36 21 37 36 37 38 Z 39 ' 8 37 40 42. ~.3 41 .4~. 41 42 .. L...~ Salina Planning Commission December 20, 1994 Page 3 o PrOved and as I said as a Planned Development Distr~ approval of this plan means that they are rep esen they are going to develop according to this~ their plans and conditions change what ~FLa' ing is coming in each time they have a ~e and ng a plan for that particular phase, is the )lan but we have only got this in Pha: II here and III here so it is Just a matter they come in Phase IV it will either have match this plan or will be back before you another amendment to is plan. But this is the I that we have on file that compare their plans witl either they follow it or come before and present an amendment. Mr. Larson stated mentioned second exit to Presbyterian Manor, they ~lated any more street access entrances to area? Mr. Andrew state there for that if in the very distant future which is a platted street up here to the there is a possibility think as this fills out ~is develops to the north that we would like to made to Brookwood because even with two here as you get back up into here it i help circulation and emergency access had a to get in from the north. But again will addressed as a redevelopment to the north. Mr. Haworth a for additional It not, I would a motion. MOTION: Moved by McCoach to approve Ap~ #PDD86-2B subject two recommended conditions. SECOND: Mr. seconded the motion. VOTE: Mot/n carried 6-0. ~ this point Mr. Haworth excused himself and · Mr. McCoach to take over the meeting for Items 93 and #4. #3. Application #Z94-8, filed by Windsor Estates, Inc., d.b.a. McCall Manor, requesting a change in zoning district classification from R-2 (Multi-family Residential) to R-3 (Multi-Family Residential) on property legally described as Lot 26, Block 1, in Van Trine's Addition to the City of Salina, Kansas (aka 656 S. 3rd). Mr. Andrew gave the staff report and stated this particular application is for a single lot that as you can see from the zoning pattern it was Just their m~sfortune that this entire tract here is McCall Manor's holdings zoned R-3 and this piece is actually zoned R-2. If they were already zoned R-3 as the rest of this is then the only item that would be necessary would be a Conditional Use Permit Application but in order to get the permit for the off-street parking addition, they have to first rezone to R-3 to make it consistent with the rest of their holdings. So this item #3 is their request to rezone this single lot from R-2 to R-3. As you noted in our report .. this lot is probably suitable for addition to McCall ~ ,. Manor's holdings, there was a dilapidated structure on , this lot, it was part of the city's dangerous structure list meaning it was scheduled for a demolition because it was considered to be hazardous and not livable. That has been removed and the lot has been cleared. If you look at the map you can see that the majority of this property on 3rd Street and on the west side of 2nd Street is already ~9~d R-3 so this change would not be creating an isolated ~ zone or district, it is pretty much an extension of the existing zoning. The type of use they have proposed is not going to create a burden on public utilities or Saline Planning commission December 20, 1994 Page 4 services and we show this as medium and high density residential which is consistent with what McCall Manor is used for. So our recommendation on this rezoning request is approval of the change to R-3 and the reasons we thank .. support that is that it would be a natural extension of the R-3 district, the uses allowed under R-3 would be compatible with the surrounding uses, there would be no change or effect on public facilities and services and we think this change is consistent with the City's Comprehensive Plan. I would be happy to entertain any "~ question you have about the zoning and we ne~d to make -' this motion and have action on this first before we can consider the actual plan. · . Mr. McCoach asked for question of staff? Hearing none would the applicant like to address the Commission? Lee Haworth, 1006 Burr Oak, we have no further additional information, if there are any questions we would be glad to answer them. · Mr. McCoach asked for comments from interested citizens? MOTION= Mr. Allen moved to recommend approval of Application #Z94- 8 to continue with the R-3 zoning to include this lot citing the four reasons listed by staff. I believe that At compliments the neighborhood and serves a purpose for the neighborhood as well as buffering the R-2 area south of it. SECOND: Mr. Larson seconded the motion· VOTE: Motion carried 5-0 with one abstention· #4. ~lication #CU94-13, filed by Windsor Estates, Inc · McCall Manor, requesting a Conditional Use Lllow the construction of additional off-street pa :' on legally described as Lot 26, Block 1, Van Addition to the City of Saline (aka 636 S . Mr. stated Just as a point of reference the McCall facility here Just to the south that on Lot 24 part of Lot 22 they have off-street parking, are proposing to cover part the parking on Lot 24 :o construct additional pa on Lot 26. Their proposal to construct a to construct carports that ~ tie into the to the north on Lot 24. That create ten (10) and At would run the length of property to rear where we have approximately a 5 t. setback would also include a 4 ft. wide :o get the carport. Then there is an alley to We only had two things that we noted in our , we were looking at the setback off the rear and that because this is not a building like a 3, that might face the &lley and require a large turnJ ius that they could locate the structure within 5 rear property line which is actually the alley and ~e second thing that we thought was an iss~ for us wa~that they were only showing a 13 ft. ~i' ~way approac~and we thought that could and should b~wi ~ned to 18 ft.~o assist An and out traffic moving ~litt~ easier and th~would not damage .. their landscap~plan. As you know for~rking lots over o- six (6) space, we do have a landscap~ordinance that . requires bu~ering or screening that f~ the public street. A~ to get you oriented, th~s is t]~lr plan for this are~right here which would have the 25~t. setback from th~property line and that area would be~ndscaped with ~e? i~ the .right-of-way and a public sid~alk and then~he landscaped area here of natural turf gras~ Both ~ the~ landscape plan and site plan we found to me~ all · - "t~ ~on~ng o~dig~nce requirements and we did not per~ive ~¥ inJur~ to the surrounding property or dom~nation~t~o the neighborhood because you have already got the existl~ (Published in The Salina Journal January , 1995) ORDINANCE NUMBER 95-9670 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, THEREFORE, BE IT ORDAINED by thc Govcrnin§ Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT "R-3". MULTI-FAMILY RESIDENTIAL. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to-wit: Lot Twenty-six (26), Block One (1), Van Trine's Addition to the City of Salina, Saline County, Kansas (aka 656 S. Third). shall become a part of District "R-Y'. MULTI-FAMILY RESIDENTIAL. Section 2. CONDITIONS OF APPROVAL. That the use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the MULTI-FAMILY RESIDENTIAL. Development of the property shall be subject to the plans on file with the City Planning Commission and/or City Clerk. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. (SEAL) Introduced: January 9, 1995 ATTEST: Passed: Judy D. Long, City Clerk Joseph A. Warner, Mayor