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7.1 Zone Park West Addition CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/27/2006 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: DEVELOPMENT SERVICES ITEM NO. Page 1 BY: BY: Dean Andrew ITEM:Ordinance No. 06-10362 Application #Z06-15, filed by Jim Maes and D. S. Guise, requesting a change in zoning district classification from 1-1 (Light Industrial) and C-3 (Shopping Center) District to 1-2 (Light Industrial) District for property legally described as Lots 5 & 6 in Block D of the Park West Addition (aka 1331- 1341 Armory Road). BACKGROUND: In April of 1987, a Conditional Use Permit was approved by the Board of Zoning Appeals for a heating and cooling contractor's office on Lot 2 on the south side of Armory Road. The Planning Commission later approved Conditional Use Permits for contractor's offices on Lots 3 and 5 in 1991. The contractor's office on Lot 5 was later converted to a home health care business. On August 1, 2000 the Planning Commission approved a Conditional Use Permit application filed by Archie Ponton to allow construction of a contractor's office on Lot 4. Approval of these four contractor's offices established a development pattern for the south side of Armory Road. However, because this area was still zoned C-3 (Shopping Center District) these businesses were operating under C-3 development limitations which are more restrictive than the C-5, 1-1 or 1-2 zoning districts which allow contractor's offices by right. In September of 2000, the owners of Lots 2, 3, 4 and 5 filed an application to rezone their lots from C- 3 to 1-2. The reason for the requested change was that they felt that C-3 zoning was too restrictive because it did not permit the outdoor storage of materials and equipment and that the zoning did not fit the current use of the property. The reason for requesting 1-2 zoning instead of C-5 was that Callabresi Heating and Cooling had a potential tenant who could be involved in the fabrication of products and the C-5 district does not allow manufacturing. The Planning Commission conducted a public hearing on this rezoning request on October 17, 2000. Following presentation of the staff report and comments from one of the three property owners, the Planning Commission voted 6-0 to recommend approval of a lesser change than requested, from C-3 to C-5 instead of C-3 to 1-2. This maintained the requirement that all driving and parking areas be paved with asphalt or concrete and that front yard areas be landscaped. The City Commission considered the Planning Commission's recommendation at their November 6, 2000 meeting and voted 5-0 to approve an ordinance amending the Comprehensive Plan to designate this property as future industrial and rezoning the 4 lots from C-3 to 1-1 (Industrial Park), a lesser change than requested, which allowed some industrial uses but maintained the paving and front yard landscaping requirements. In May of this year a building permit was issued for a 4,700 sq. ft. RV storage building at the rear of Lot 5. Although the driveway and parking for the former contractor's office I home health care office at the front of the lot was paved with concrete, the owner used asphalt millings for the driveway apron in front of the storage building. Staff informed the building owner that asphalt millings did not conform with the requirement that parking and access drives in an 1-1 district be paved with asphalt or concrete. At that point the building owner had three (3) options. One was to pave over the asphalt CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/27/2006 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: DEVELOPMENT SERVICES ITEM NO. Page 2 BY: BY: Dean Andrew millings using them as a base, the second was to apply to the Board of Zoning Appeals for a variance from the paving standard and the third was to apply to rezone the property to a district that did not require paved parking and access drives. The building owner elected to file an application to rezone the property to 1-2. Nature of Current Request The request has been filed by Jim Maes, owner of the recently constructed RV storage building on Lot 5 and the owner of the vacant lot to the west (Lot 6), requesting a change in zoning district classification from 1-1 and C-3 to 1-2 (Light Industrial). Lot 5 is currently zoned 1-1 which requires paved parking and access drives and front yard landscaping. The owner I applicant wishes to have 1-2 development standards apply to the property (gravel surfacing in lieu of asphalt or concrete pavement). The owner of Lot 6 did not participate in the 2000 rezoning request and has the only remaining C-3 zoned lot on the south side of Armory Road. Approval of a zoning change on both Lots 5 and 6 would create a contiguous 1-2 district that would extend from Lot 5, Block D all the way to Lot 11 on the south sides of Armory Road. Zoninq Ordinance Requirements This is a request for 1-2 zoning. Therefore, if the applicants' request is approved, the use of these two lots would be subject to the following standards and limitations: 1. Uses allowed - All permitted uses in 1-2. This would include RV storage and contractor's offices. 2. Setbacks - Front yard - 25 ft. Side yard - 10ft. if a side yard abuts a residential district Rear yard - 10ft. if a rear yard abuts a residential district 3. Minimum lot width - 50 ft. 4. Minimum lot area - 5,000 sq. ft. 5. Maximum lot coverage - 50% 6. Parking - 1 space is required for every 300 sq. ft. of area devoted to office space. Parking for storage buildings is determined by the Zoning Administrator based on occupancy loads. Nonhabitable storage buildings are not required to provide off-street parking. Parking areas and access drives in 1-2 zoned areas can surfaced with crushed stone, gravel or other all-weather material in accordance with Sec. 42-552(e)(2) of the Zoning Ordinance. Paving is not required in 1-2. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/27/2006 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: DEVELOPMENT SERVICES ITEM NO. Page 3 BY: BY: Dean Andrew 7. Outdoor storage - All operations, activities and storage shall be conducted wholly inside a building or buildings, except that storage may be maintained outside the building in side or rear yards if such storage area is separated from public streets and other property by screening of not less than six (6) feet in height. The storage of inoperable, unlicensed vehicles is not permitted under 1-2 zoning unless the storage area is screened from view. 8. Screening - If a lot in an 1-2 district adjoins a residential district, screening shall be provided at the lot lines sufficient to protect on a year round basis, the privacy of adjoining residential uses. 9. Landscaping - Landscaping is not required in 1-2. Suitabilitv of the Site for Development Under Existinq Zoninq This section of Armory Road has been developed and used for commercial purposes since 1987. The property owners were able to develop it with contractor's offices through the conditional use process subject to C-3 limitations. The rationale behind the Planning Commission's decision to zone this area C-3 in 1977 was that this area was viewed as an extension of the KMART/Food 4 Less Shopping Center area. Given the status of Armory Road as a dead end street and the character of the development that has occurred on the south side of Armory Road this scenario did not take place. Therefore, the 1977 zoning decision created a mismatch between the zoning and actual use of the property. Rezoning Lots 5 and 6 from 1-1 and C-3 to 1-2 would also allow the applicants to develop and use those lots in accordance with 1-2 development standards. The primary difference between 1-1 and C-3 and 1-2 zoning is that 1-1 requires that all parking spaces and driving areas associated with new buildings be paved. Parking and driving areas in commercially zoned areas also must be paved. Parking areas in 1-2 zoned areas may be surfaced with gravel. Also 1-2 zoned property is exempt from landscaping requirements. Character of the Neiqhborhood Broadway Blvd. between South Street and Armory Road is a heavily traveled corridor with retail and service businesses lining both sides. The east side is predominantly zoned C-5 and the west side is dominated by K-Mart and Food-4-Less and is zoned C-3. The land along Armory Road to the west of Broadway is now largely developed with contractor's offices. Armory Road is not a heavily traveled street and given that the lots along the south side of Armory Road are now zoned 1-1, it is unlikely they will ever be redeveloped with traffic dependent commercial uses like those found along Broadway. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/27/2006 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: DEVELOPMENT SERVICES ITEM NO. Page 4 BY: BY: Dean Andrew The property to the south along Beverly Drive contains a mix of zoning and uses. The restaurant and mini-storage site near Broadway is zoned C-5, the monument company site is zoned 1-2 and then there are some residential dwellings behind the contractor's offices. The property behind Food-4-Less and KMART on the west side of Armory Road is vacant and zoned 1-2. This property is owned by Frank Construction. The question for the City Commission is whether they see the south side of Armory Road opposite Food-4-Less as a commercial or industrial area and what development standards should apply to the property. Existinq Utilities and Drainaqe 1. Water - 6" line in Armory Road that dead ends at Lot 5 which is adequate to serve the existing development on Lot 5 but does not serve Lot 6. 2. Sanitary Sewer - There is an 8" line in Armory Road which is adequate to serve the existing uses. 3. Storm drainage - Inlets in Armory Road connect to a 36" storm sewer in Broadway that carries water to the north and then to Dry Creek. Streets and Traffic Primary access to this site is from Armory Road which is classified a local street. Trips in and out of this area are infrequent except for contractor's vehicles and trucks making deliveries to Food-4-Less. The requested zoning change should not generate any traffic over and above what exists today. Comprehensive Plan The Comprehensive Plan was amended by the City Commission in 2000 to show this area as Industrial. Rezoning this area to 1-2 would not be inconsistent with this land use designation. Therefore no change or amendment to the future land use plan designation for this property would be required if the City Planning Commission wishes to recommend approval of a zoning change to 1-2. Planninq Commission Recommendation The Planning Commission conducted a public hearing on this application at their November 7, 2006 meeting. Following presentation of the staff report and comments from the applicant, the Planning Commission voted 8-0 to recommend approval of a zoning change from 1-1 and C-3 to 1-2 as requested by the applicants. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 11/27/2006 TIME 4:00 P.M. AGENDA SECTION NO: 7 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: DEVELOPMENT SERVICES ITEM NO. Page 5 BY: BY: Dean Andrew COMMISSION ACTION: If the City Commission concurs with the recommendation of the Planning Commission the attached ordinance should be approved on 151 reading. The protest period on this application expired on November 21, 2006 and no protest petition was received. Second reading would tentatively be scheduled for the December 11,2006 meeting. If the City Commission disagrees with the recommendation of the Planning Commission, it may; 1) overturn the Planning Commission and deny this request provided there are four (4) votes in support of such action; or 2) return the application to the Planning Commission for reconsideration citing the basis of its disagreement with the recommendation. Enclosures: Application Vicinity Map Plat Map Excerpt of PC Minutes 11/07/06 Ordinance No. 06-10362 Cc: Jim Maes D.S. Guise Date Filed Z 06-15 Oct. 2, 2006 Publication Date October 12. 2006 Hearing Date November 7, 2006 Application No. Ownership Certificate KG KG Filing Fee $270.00 ml.J~ Vicinity Map Attached / ~~ 1oUz. ('1.J APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP 1. Applicant'sName lAJ"L~~~~ LLl' A~ ':P S. f;UJI-;F 2. Applicant's Address 1'S7 ~.14 S~\JIolA "'7o~,::.... M~2- ~. 3. Telephone (daytime) c.fq::;.. ~ '500 E-mail ::J-\\"'V\ "'" 'i) 11Z.\ , ~c::::r- 4 Owne"SName--"Y~&J~ ~c.-- :: ~.~. ~::; 5. Owner's Address I ~ . 7~ ~ 'N Go _ _ 0 '-\ ~. 2.. ~ Receipt No. 6. Legal Description of Property to be rezoned (attach additional sheets if necessary) lOT'~ A-~ t ~~ 'BL..Oo::-'''U'' ~~ 'W!:ST 6:)V1). 7. Appmx;mate Street Address I."" '3\ -\ I 3 ~ , fl.j!.zn~~. B. Area of Property (sq. ft. and/or acres) ---.1!I,/tJD ~~~.4N. -A~ /6~JlJa) St!}~ ~ 9. Present Zoning :r-z,. A~ L..-"3 Use WMIJ'~~ AWI:> V~ 10. Requested Zoning ::I: - 2- Use :::t: -? - 11. Are there any covenants of record which prohibit the proposed development? (attach copy) ,..10 12. List reasons for this request (attach additional sheets if necessary): ---r-t:> ~ 1Z-f ~ ) ~ ~\N\~\..\ 'A..1r '-_ w I",,""~ -A-~ \JS4QG.~ ~ 13. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): ~c~L 14. Explain how off-street parking will be provided for this requested use: ~, V A:-"T"L ~JN6, ~ l(j/'Z/~' Date: /())-,..Ab , f I / If the plicant is to be represented by legal counselor an authorized agent, please complete the following in order that correspondence and com unications pertaining to this application may be forwarded to the authorized indiVidual N.m. of~p~,."t.ti" ~'M'ES. ~. ~ A fL ~ Address: J67 ~_~ ~.o...\~Q. Telephone (Business): ~ ~ ; - ~S 00 Owner(s) Signature 15. List exhibits or plans submit . iN Apphcant(s) Signature E-mail address Zip Code. b7'iO' ~I Y\o'\ ." ~ 112-\ ~ ~ ~ PLF - 051 CIIy"~ !:i SalIna Department of Building Services Phone: (785) 309-5715 Fax: (785) 309-5713 E-mail: building.services@salina.org Permit: ~~060580 I Address: 11331 Armory Rd Commercial Building Permit I Suite/Lot: I I Reviewer IRLM I S. ISA I A C d Initials: ~ . pp 0 e: Legal Description: IL T 5 LESS TR BEG SE COR TH W 40 NE 215.31 TO NE COR L T 5 S 205.31 TO POB I IBLK D, PARK WEST ADD ~ ParcellD: [Q86-14-0-30-05-001.00-0-01 I Property Owner: ~ender LC Describe Work: ~w 4700 sq ft storage warehouse (metal building) L-- I Total Sq. Ft.: Constr. Type: Final Insp.: FAA Approval: Plat Page #: NRP: PSA#: 4700 II-B Yes No 149 No Addn. Sq. Ft.: Occ. Class: C.O.: MaxHt wI FAA App: Use Zone: SRA: Landscaping: S-2 Yes 1-1 No No I Rem SF: Total Occ. Load: Assm OC Loads: MaxHt wlo FAA Census Tract: H.C. District: SC: I I App: I 3 No No I I I I Fire Spklr: Req. # Hand Pkg: Tot. # OffSt Prkg: Height/Stories: F.Z.: B.F.E.: B.I.D.: I I i N/A No ! I Contr. Type Contractor Conditions IAN II (Jeff Gillam, Architect - Jones Gillam 1. Deviation from your approved site plan, landscape plan or building plan is strictly prohibited I IArchitects & Engineers without prior written approval by the Building Official. I ~ I I 2. Provide a 4' x 5' landing at each exterior door with maximum 2% slope. I ~ Stevenson Construction 3. The concrete floor shall be sloped toward the exterior overhead doors to facilitate drainage I fPNl of liquids. See 2003 IBC section 406.1.3. 4. Note that a Certificate of Occupancy will be required. ]MNI 5. All work done in the right-of-way must conform to City of Salina specifications. 6. This permit includes no plumbing, mechanical, or electrical work. fENl 7. Provide fire extinguishers per section 906 of the 2003 International Fire Code. 8. The apron in front of the RV storage building must be paved with asphalt or concrete. ICN I 9. If any outdoor storage takes place then a 6 ft. screening fence must be installed along that lEG I ~arles & Riggs Engineers & Planner~ portion of the s?uth lot line ~h~t a~uts residential pro~erty. . . 10. If any portion of the bUilding IS converted to habitable space or habitable space IS added to the building, off-street parking must be provided. 11. The City will install a fire hydrant immediately west of the existing driveway to the subject I property. The cost of this fire hydrant will be 50% paid for by the property owner and 50% Ipaid for by the City. _________J Applicant Please. Read This permit becomes null and void if work or construction authorized is not commenced within 180 days or if construction or work is suspended or abandoned for a period of 180 days at any time after work is commenced. A copy of this form will serve as your permit to do the work as described above and on the attached plans andlor site plan. Per the Building Code, no work authorized by this permit shall commence until the Inspection Record Card and approved plans are displayed and made available to the inspector at the job site. Application Approved By: Date Issued: 5/12/2006 Date: 5/11/2006 BP Fee: $856.00 Receipt: 85004 By: Valuation Calculation Amount: $108.100.00 Investigation Fee: NPSA: Total: $856.00 BLF-38, Rev. 7-01 Copv To: Applicant. Address File. Temp. File. Appraiser's Office. and Blue File ~.1 ( 1-2 A-1 Request Area -,...-- - ~-2 ;-6 ~-5 f-- I-- r-- ~ ~ r-- < ....J ....J :r: R C) R-1 r- z ~ c-- :r: ~ I-- - J ItiJ -- 1 Inch = 200 Feet ~ R-S ~~. ~ 1"_ I LJ" ~ z :J :r: <( UJ I- CI) R-2 I I H~ Application #Z06-15 Filed by Weekender LC 1-2 ----- ---- - - : l R-2 C-3 1-1 RS ~ j ~- I I ~'!' ........ :- + . .. ~ :.::.. ~ >- tTH OJ H "I EI . . .. ...._i. :.: r I .L. . . .:........1~ L- .., (g( - ....:i1~ " I~ ~ . .... . .'. . . . . .. . ......... ... \ : '. X;1 ;Ii +---- ...:. -S!i ~jf /.~ ~~ t!w 60' 115.01' 115.00' I 115.06' 1<6':>6. )1 @ --7-Jf - ~ -'L~ --~ /70./7' 6 N N _ J> PARK @ 0> ::0 ;;:: 115.01' 115.00' 115.00' ltl 111 0 ~ ::0 8 -< 10 d 8 -8 2 iii c; .;. 3 2 iii N ~ r 115.01' 115.00' " 115.0U' 265.00' "8 AVALON (VACATED) DRIVE 9 ~ 115.01 115.00 ' II:>.W' 2se.001 WEST -~ 486.95' 'ID It'i 6 7 8 9 ,... 5 N q @ 8 ij) N 115.01' 115.00 ' 115.00' 4 i 3 8 2 I': It'i ,... N N ADDITION 7 @ 115.15' 115.00' 265.00' ROAD 0 ell 10450' 100.00' 10000' 200.00' 6 III '0 11'1 i U) 5 4 oj 3 2 to.: !!! !Z! - - - 210.00'- - - - 135.00'- -100.00' -100.00' _ ~- - 200.00'- - 4 3 2 g ADD, ,'0' 10' eo' 01..' DRIVE 70 75 10' 70' eo' eo 70' 00' 70' eo' eo' 70' W ST- LJ HA; ENI' ..; 2 I .. 12 1\ " 2 -.. 12 eo' > > " <( II <( JL_ LJ 1, 110' IJO' " 130' IJO' 13<T 4 ., 13 3 ., 13 3. > .. II .. 0( , 5 14 II 4 14 4 I ,I 6 15 ,I 5 15 I, 5 1.1 . I I~ I I' I a: 7 16 ~I; 6 16 III; 6 ~ I 6 .J 17 71 S 17 7 I .J II a: 9 Cl '0 16 6 Z 0 16 6 JL z .. :J .. .J .J i= J: ~ ... 0( ~ ;:) II 10 X 20 9 ... ~ 20 9 0 > .~ II> I . -1- - -i-~T-+'I-- - - eo' !!IO' '.0 , :~OLl DA' ..; 5 ! it) c<) 'wl \ ~ 4 I ! , 3 fe .w> " ~ 2 ~ - 150' .- 0 0 .. I I I I I I I I I < I 1 IL I I I ! jij, I <Ii' 1 I I I I I I I I .~ ARMORY MINUTES SALINA CITY PLANNING COMMISSION CITY COMMISSION MEETING ROOM November 7, 2006 MEMBERS PRESENT: Bonilla-Baker, Funk, Mikesell, Schneider, Simpson, Soderberg, Weisel, and Yarnevich MEMBERS ABSENT: Ritter STAFF PRESENT: Andrew, Burger, Cline, Herrs ITEM #1. Approval of the minutes of the regular meeting held on October 17, 2006. (Due to a staff error in assembling the packet, the complete minutes were not included in the packets for the Commissioners. Mr. Andrew suggested that these minutes be considered at the next regular meeting and a vote taken at that time. - Commissioners were given a complete set of minutes at the conclusion of the meeting.) Approval of October 17, 2006 minutes was deferred to the December 5, 2006 meeting. ITEM #2. Application #Z06-15, filed by Jim Maes and D. S. Guise, requesting a change in zoning district classification from 1-1 (Light Industrial) and C-3 (Shopping Center) District to 1-2 (Light Industrial) District for property legally described as Lots 5 & 6 in Block D of the Park West Addition (aka 1331-1341 Armory Road). Mr. Andrew presented the staff report, including visual presentation, which is contained in the case file. Mr. Simpson asked are there any questions of Dean or the staff? Mrs. Soderberg asked where is this in relation to the flood zone, how is that related to this property? Mr. Andrew stated the jagged line you see that runs up between this, that is the old channel for Dry Creek and there's a little bit of flood plain on either side of it. This is not flood plain property here. As you go farther west closer to the levee there is some flood plain designation. There's also a large box culvert that drains the area behind the Holidome and it comes up into this area and then kind of meanders around, but this is the bypass channel for Dry Creek. Some of this area drains and gets over there but this is kind of an old oxbow holding area, and then in various locations there's a channel, and in various locations it's been filled in. But the flood plain is primarily adjacent to that former channel. Mr. Funk stated according to these letters, the flooding comes from local runoff rather than from Dry Creek. Is that right? Salina City Planning Commission October 17, 2006 Page 2 of 12 Mr. Andrew stated yes and it's, like I said, it's a problem we've been having in residential areas where two lots have their low spot at the rear of the lots, the water comes together, there's no system to get it out from the rear areas, and we have an area between Beverly Drive and Armory Road where that occurs. In that whole area in the rear of the lots along Beverly Drive there's probably a need to improve the system there where parts of channels have been filled in and nothing has taken its place. Mrs. Yarnevich asked who owns the undeveloped lot that we're talking about, Lot 6 I guess? Mr. Andrew stated that would be Mr. Guise. Mrs. Yarnevich asked so he owns both of those? Mr. Andrew stated he owns only Lot 6. Mr. Maes, who's here, owns Lot 5 and Mr. Guise owns Lot 6. Mrs. Yarnevich stated I see. Then the current zoning suits the business fine, it just would require that he put pavement down instead of blacktop, is that right? Mr. Andrew stated instead of the asphalt millings. There would be some other implications about future uses, but primarily it's the difference between 1-1 and 1-2 development standards. 1-1 allows some industrial uses but has a higher standard in terms of requiring asphalt or concrete paving and front yard landscaping. Mr. Simpson asked okay any other questions? Would either of the applicants care to address the Commission? Jim Maes, ComPro Realty, 157 S. 7th St., Salina, stated just to bring you up-to-date on what happened on this property. If I can approach the map, it'll be easier to explain it. Mr. Guise owns Lot 6, I own Lot 5. I put in a large warehouse to go in the back of it. The tenant in this building was McDonald's they had their offices there, kind of their maintenance area. They have vacated the premises and relocated. We have another tenant that was interested in the front building for manufacturing which 1-2 will suit this lot better. This lot is zoned C-5, or no, C-3, I am zoned 1-1. This lot here is zoned 1-2. All of this is zoned 1-2, so when we were discussing this with staff it made sense if you just brought the 1-2 through this C-3 into my lot, through Lot 5. So all of this area is 1-2. It's really what the area is becoming; it's becoming more of an 1-2 area rather than an 1-1 or commercial area. The Franks, I've discussed with Joe Frank, he's looking at warehousing and heavier industrial uses on the rest of that when he develops it. The reason I put millings in wasn't because I just wanted to see if I could get away with it. I was told by another developer that I believe that millings have been approved by the Planning Department. So when I put them in and they came out and said they weren't approved, it kind of shocked me. This is an attempt working with staff to get this thing approved without tearing out the millings and going to asphalt. What I put in there is just a small warehouse, RV storage, I don't know if you've seen it or not, it's got six doors. You know the amount of traffic on that is going to be very minimal, I mean it's not a high traffic-type use. I do want to thank you for the very nice plaque for the landscape work for Countryside Plaza. I'm sorry I wasn't able to attend but I was out of town. Salina City Planning Commission October 17, 2006 Page 3 of 12 Mr. Simpson asked any questions of Mr. Maes? Thank you. Does anyone else care to address this application? Seeing none, we'll bring it back to the Commission for discussion and action. Mrs. Yarnevich stated well I drove by there today and there does seem to be a place where the road ends, I mean obviously because there's a big ditch I drove over to turn around, but I can't tell exactly where that is. Is it after the fourth lot or after the fifth lot? Mr. Simpson stated after the fifth lot. Mr. Andrew stated this is the driveway which is where Mr. Maes has his building here, and the road essentially ends there so it provides access to that property. Lot 6 does not have, it has frontage, but it doesn't have paved access today. That road and all the other improvements would have to be continued around. We encouraged, there was no reason other than the owner in 2000 did not participate in that application, there is no reason for Lot 6 to be left as an orphan C-3 lot. So we encouraged Mr. Maes to include that in this request so we had an edge that fits together. Mrs. Soderberg asked so before Lot 6 could be developed the street would have to be extended? Mr. Andrew stated yes, as well as the water line and various utility improvements. I think the hydrant is just on the other side of your driveway isn't it? Mr. Maes stated east side. We extended it to that point. MOTION: Mrs. Soderberg stated Mr. Chairman I move that Application #206- 15 be approved as requested SECOND: Mr. Funk VOTE: Motion carried 8-0. ITEM #3. Application #206-16, filed by Richard and Cheri Beus, requesting a change in zoning district classification from R-2 (Multi-Family Residential) to PC-2 (Planned Neighborhood Shopping) District to allow a vacant gas station to be converted to a massage therapy business. The subject property is legally described as Lot 12 on Santa Fe in the Grounds of Kansas Wesleyan University, City of Salina, Saline County, Kansas (aka 1017 S. Santa Fe Avenue). Sydney Soderberg excused herself from participation in this agenda item due to a conflict of interest. Mr. Andrew presented the staff report, including visual presentation, which is contained in the case file. Mrs. Yarnevich stated I have a question. On your staff recommendation you didn't mention anything about screening. Mr. Andrew stated well the implication is that if you approve their plan that no screening would be required. It would not be very beneficial to require screening along the north, there might be some reason to do it on the east over to the alley, but because this has been there this way for so long and they're not really proposing any physical changes to the site, we didn't see what was necessarily gained by that. But we wanted to identify that because it often is an issue when you have commercial abutting residential is to have some sort of screening for outdoor things or for parking or