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7.2 Annex Valley View Add CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 4/24/95 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 7 AGENDA: ITEM PLANNING & DEVELOPMEN~.v~ ~..~ NO. 2 Roy Dudark ~ BY: . Item Application #A9§-1, filed by John Heline, requesting annexation of a 20 acre tract of land located east of the Valley View Addition at the southwest corner of Markley Road and Cloud Street. Information I The applicant has requested annexation of a 20 acre tract !. contiguous to the existing city limits in order to obtain full municipal services for a proposed residential development. ~" .' Companion applications have been filed for R (Single-Family Residential) and R-2 (Multi-Family Residential) zoning and '~.: i preliminary plat approval for the proposed residential area. The City of Salina has adequate capacity in its water and sewer system to accommodate the proposed development. However, the building lots within the subdivision would be subject to a Capital Cost Recovery Charge to help pay for the new interceptor line. The applicant will be responsible for extending utility lines to the site to adequately meet their anticipated needs. These improvements will be resolved during the platting process. Markley Road is a county road but is not within the proposed subdivision area. Therefore there are no road improvement or shared maintenance issues that need to be worked out with Saline County as Markley Road will continue to be maintained by the County south of the existing city limits. All internal streets will be constructed to City street standards and will be maintained by the City. Comprehensive Plan The city's recently adopted land use plan shows this area as appropriate for medium or low-densit~ residential development and as a Primary Service Area for extension of city services. COMMISSION ACTION MOTION BY SECOND BY 'THAT: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 4:00 P,M, 4/24/95 AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO, AGENDA: ITEM PLANNING & DEVELOPMENT NO. Roy Dudark Pa~e 2 BY: BY: Planning Commission Recommendation The Planning Commission considered this annexation request at its April 4, 1995, meeting. The Commission approved a motion (6-0) recommending annexation of the subject property into the city. City Commission Action : If the City Commission concurs with the recommendation of the Planning Commission, the attached ordinance should be placed on . ~ first reading. Encl: Vicinity Map Ordinance No. 95 - 9638 cc: John Heline L"- Hearing Date ))la:eh 21, 1995 Application No. A95-1 ; Vtctntty Map Tea Flltng Fee -0- ":' Date Ftled Febzuat'7 10a 1995 . Receipt No. APPLICATION FOR ANNEXATION : 1. Applicant's Name John W. Heline .:~, Address 239 N. Santa Fe. (Phone) 827-337q ", 2. General Locatton of Property Southeast corner of Markley Road and Cloud :"~ 3. Legal Oescrtptton of Property (Attach additional sheets if necessary) .:'~ see attached, .-:_ 4. Size of property to be annexed (sq. ft. or acreage) 20 acres ,. 5. List reason(s) for applying for annexation proposed residential housing d,e, velopment 6. Present zoning (Saline County) agricultural Use pasture 7. Proposed zoning if annexed R-I R-2 8. Number of persons residing on property to be annexed none In submitting this application I do hereby request the Saltna City Planning Commission to consider the above described property for inclusion .within the corporate limits of Saltna, Kansas. Applicant's Signature ~ 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 Les Appleby Address 2520 S. Ninth St,, SaUna, KS 67q01 ~. Telephone (Business) 913-825-0890 x SALINA MUNI / AppLI~TION #Z95'i ~ FILED BY JOHN HELINE ~RIPOSA )D AREA OUTSIDE SALINA CITY LIMITS CLOUD ST. VALLEY' I VIEW ......... CITY LIMITS ,ill ,.' ~~"J~J ~ iJ CITY ~ - Jlmmmm I - mmmmm. ! AREA OUTSIDE SALINA CITY LIMITS NOTE: VICINITY MAP NOT DRAWN TO SCALE · ? _ Salina Planning Commission · .'.. April 4, 1995 ~.. Page 11 .'.~. zoning. Mr. Hardman asked if the seconder of the motion agreed to this addition. Mrs. Duckers said yes. VOTE= Motion carried 6-0. · MOTION= Mrs. Duckers moved to approve Application #P95-2 based on '.i' the 14 recommended conditions being considered and taken care of before they file for final plat approval. SECOND: Mr. Umphre¥ seconded the motion. ~:~ VOTE: Motion carried 6-0. '~' 96. Application #A95-1, filed by John Heline, requesting .. annexation of a 20 acre tract located east of the Valley VlewAddition at the southwest corner of Markley Road and · Cloud Street. Mr. Andrew gave the staff report and stated as we noted : earlier this is a finger of county land almost surrounded .'-. by the city, at least on three sides. In order to get extension of City services and connect to water and sewer, · ~' the property needs to be annexed into the city. There are ~ no real issues. It is in a primary growth area. It Is serviceable by utilities and by City services. The only · . thing that is slightly unusual about this is that the tract doesn't include any of the right-of-way for Markley .: Road therefore the entire right-of-way for Markley Road will remain in the county along the southern perimeter of this plat and continue to be maintained exclusively by the county. Our recommendation is to approve annexation of this tract into the corporate limits of the City. Mr. Hardman asked can you explain why Markley Road would not be annexed at this time? Mr. Andrew stated primarily because none of it is within or came from this property. The general rule of thumb on streets such as Crawford, Magnolia, streets of that nature, the property owner owns to the section line and the center line of the road and then they will dedicate back to the city a right-of-way for that road. In this case, the land that the road sits on is owned by the Oliver Hagg Trust, it was not included in the conveyance to these developers, so therefore it is still on property owned by the Oliver Hagg Trust. It is still in the county and there is not a mechanism by which this party can get any control over that or dedicate that to the city. .. Mr. Hardman asked it must be annexed then when there is a rezoning of the area to the east at some point? Mr. Andrew stated yes the only difference is that instead of half and half the road being annexed from each side it would be dedicated entirely from one tract. Mrs. Duckers asked where exactly using the map before us is this Hagg land that was given to the county? Mr. Dudark stated it is quite a ways south of this area. Mrs. Duckers asked it does not show on this map? Mr. Dudark stated no it does not. ! think it is a full section of land maybe two or three miles away. Mr. Allen asked is the point on the south triangle to be altered on this? Mr. Dudark stated this Final Plat will delete that last '-.~ -- Salina Planning Commission ... part. The last part will be the road. Mr. Hardman asked is there anyone here representing the applicant that would care to comment on the application at this time? Are there any members of the public that would care to comment? Hearing no further comments I will bring it back to the Commission for further comments and or action. MOTION: Mrs. Duckers moved to approve Application #Ag§-I which .' would annex this bit of property which is surrounded by . the city into the city ll~ts. '.'~ SECOND: Mr. Umphrey seconded the motion. ~ VOTE: Motion carried 6-0. [' #7. Application #P94-3A, filed by GICO Inc., requesting · approval of a final plat of GICO Addition a 63 lot ..' subdivision of a 28.52 acre tract located In the SE 1/4 of :-" the NW 1/4 of Sec. 19, TI4S, R2W of the 6th PM in Saline ~- County, Kansas (East of the Meyer Addition between ~' Republic Ave. and McAdams Rd.) -': Mr. Dudark gave the staff report and stated ! think the Commission Is pretty familiar with the property by this ..... time. This Is coming back to you for final plat approval. ~ It ts for mainly single-family lots with the exception of ': these nine (9) R-2 townhome lots. This Is the final drawing that shows the actual lot dimensions, right-of-way widths and all of the easements and the park land. The -~ City Commission and the owner/developer of this property .. have signed the agreement for the land transaction that will be consummated prior to recording of this plat. Our recommendation is to approve the final plat with three .. changes. We would like to have the utility easement along here and down to this point deleted because we may have a shelter house or something in here and we wouldn't want to .~ have an easement in the way of any kind of structure. The City does own land on the north side of this. This will be an entrance drive with a parking area so it will not be a roadway or anything going Into there. We would like to '; have this shown as "Dedicated City Park" along there Just for clarification purposes that can be done relatively "- easily and there is one other thing I believe, that the applicant obtain a letter from the City Engineer approving their storm drainage plans prior to' submittal of the subdivision to the C~ty Commission. Their general concept ts going to be essentially street drainage over to an open ditch area coming up to a structure that takes the water under the dike and then also to a drainage easement along here which takes It to a pond. It appears that this will also be an open ditch area. It is a little bit different than the situation we were talking about a couple of weeks ago where we had lots that were backing up to each other, -. behind homes where you would have difficulty getting access. This City Park area will be maintained by the City. It will not be the responsibility of these lot :'. owners. Plus It can be easily accessed. We will take care of that, we will mow that when we mow the park. Also ~ we think it will be relatively shallow. Starting out fairly shallow and then only getting perhaps three of four feet deep as it gets down near to the pond and this will also be an open excavated area so that is really all that we need to say about that. Our recommendation is to approve the final plat. Mr. Hardman asked are there any questions of staff? Hearing none, would the applicant care to comment on this application for final plat approval7 Pete Earles, Earles and R~ggs, 101 1/2 S. Main, Llndsborg, we have no problem with the changes required by staff as far as the letter from the Clt¥ Engineer, I am getting (Published in The Salina Journal ) ORDINANCE NUMBER 95-9688 AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN LAND IN SECTION TWENTY-NINE (29), TOWNSHIP FOURTEEN (14) SOUTH, RANGE TWO (2) WEST OF THE SIXTH PRINCIPAL MERIDIAN IN SALINE COUNTY, KANSAS, IN CONFORMITY WITH THE PROVISIONS OF K.S.A. 12-519 to 12-526, INCLUSIVE. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That the following described land, to-wit: A tract of land situated in the Northeast Quarter of Section 29, Township 14 South, Range 2 West of the Sixth Principal Meridian, in Saline County, Kansas, more particularly described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 29, thence South along the west line of the said Northeast Quarter on an assumed bearing of S 00°01'00'W, a distance of 2591.96 feet; Thence on a curve to the right, a distance of 719.30 feet; said curve having a radius of 1956.86 feet and a long chord of 715.26 feet that bears N 23°30'05"E; Thence on a curve to the left a distance of 489.29 feet said curve having a radius of 1856.86 feet and a long chord that bears N 26°28'$5"E; Thence S 89°$5'45"W, a distance of 90.05 feet; Thence N 00°20'45"E, a distance of 1500.00 feet to a point on the North line of said Section 29; Thence S 89° 55'45"W, along the North line of said section, a distance of 421.00 feet back to the point of beginning. meeting one or more of the classifications for annexation prescribed by K.S.A. 12-519 to 12-526, inclusive, is hereby annexed and made a part of the city of Salina, Kansas. Section 2. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: April 24, 1995 Passed: May 1, 1995 John Divine, Mayor (SEAL) ATTEST: Judy D. Long, City Clerk