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