7.1 Rezone Belmont Add CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
11/6/95 4:~ P.M.
AGF_,NDA SECTION: O~GINA~NG DEPARTMENT: APPROVED FOR
NO. 7 AGENDA:
PLANNING & DEVELOPMENT
rr~M:
NO. 1 and la BY: Roy Dudark~ BY: ~
Item
Application #Z95-9, filed by Solomon State Bank, requesting a
change in zoning district classification from R-1 (Single-Family
Residential) to PC-1 (Planned Restricted Business) on property
legally described as Lots 1, 2 and 3, Block 23, Belmont Addition
to the City of Salina, Saline County, Kansas (aka 2361 Belmont
Blvd./605 E. Magnolia).
Zoning History of This Site
The Belmont Addition was platted tn 1958. The entire subdivision
was zoned "A" Single-family dwelling district and public utIlities
and improvements were sized accordingly. In 1961, an appl~cation
was filed with the Salina City Planning Commission to rezone Lots
1, 2, and 3, Block 23, from "A" to "D" Local Business District to
allow a filling station to be placed on the corner. The Planning
Commission recommended denial of the request. Similar requests
were filed and denied tn 1962 and 1969 with staff recommending
multi-family residential zoning as an alternative and the owners
holding out for commercial zoning. Later tn 1969 the owne~'~filed
an application to rezone these lots from "A" to "DD" Office
District. This request was also denied with the Planning
Commission recommending that the City Commission consider
acquiring this triangular tract for use as a landscaped island or
entryway Into the area, similar to the Belmont medians. This
recommendation was never acted upon.
In 1977, when a new zoning ordinance and map was adopted, the
Planning Commission maintained the single-family residential
zoning on this tract. In 1986, the Planning Commission considered
an application by a previous owner to rezone the subject site from
R-1 to PDD (Planned Development District) to allow a convenience
COMMISSION AC~ON
MOTION BY SECOND BY
THAT: ~
CITY OF SALINA
REQUEST FOR COMMISSION ACTION 11/1~ TIME
4:00 P,M,
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM
NO. Roy Dudark
Page 2 BY: BY:
store with gasoline sales. This application was recommended for
denial and ultimately was denied by the City Commission. In 1989,
an application was filed to rezone the subject site from R-1 to
PC-2 (Planned Neighborhood Commercial) also for a convenience
store with gasoline sales but with more restrictions on hours of
operation and other potential uses. On March 7, 1989, the
Planning Commission voted 8-0 to recommend denial of the request
and the request was later withdrawn by the applicant.
Nature of Current Request
The current owner of the property, Solomon State Bank, has filed a
request to rezone Lots 1, 2, and 3 to C-1 (Restricted BuSiness)
and has incorporated those lots into a proposed Planned C-1
district for the site. The plan calls for construction of a 2,640
sq. ft. branch bank with three (3) drive up lanes. One of the
drive up lanes would be for an ATM machine, the other two (2)
would be for banking transactions.
The proposed site layout shows two (2) driveway openings on
Saxwood and one driveway off of Magnolia with no access on to
Belmont. It appears that the Saxwood driveways would be utilized
primarily by drive up customers while employees and bank customers
would primarily use the Magnolia entrance/exit. The plan shows 12
parking spaces one of which would need to be designated as a
handicapped accessible stall.
In its application, the applicant states that this proposed
project would have very little impact on the area. The applicant
is requesting that banks and financial institutions (a conditional
use) be added as a permitted use in this Planned District.
Zoning Ordinance Requirements
This is a request for PC-1 zoning. Therefore, if the applicant's
request is approved, development of the property would be subject
to the approved site plan and the C-1 development standards.
Any development on this site other than what is proposed on the
approved site plan would require the submission and approval of a
new site plan.
CITY OF SALINA
REQUEST FOR COMMISSION ACTION !1/~/~ IIME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM
NO. Roy Dudark
Page 3 BY: BY:
Suitability of the Site for Development Under Existing Zoning
This site has been vacant since it was originally platted. It
remained vacant even after the adjacent homes on the east Side of
Saxwood were built in 1975. This triangular shaped tract was
platted into three (3) lots and zoned single-family presumably
with the intent of accommodating single-family homes.
While two homes could be sited facing Saxwood and the four
existing homes, the other lot would abut an arterial street on two
sides. The presence of arterial street traffic, a busy
intersection and the railroad have reduced the value of the lots
for single-family use. These same elements, on the other hand,
enhance the desirability and suitability of the property for
commercial development.
One factor the City Commission may consider in making a
determination of the appropriate zoning for a tract of land is the
length of time it has remained vacant under the existing zoning
and the likelihood of development occurring without a change in
zoning. That is, whether the current R-1 zoning has served to
inhibit development of these three (3) lots. On the other hand,
the City Commission should also consider whether the requested
change would create an isolated district unrelated to adjacent
districts and therefore would constitute a grant of a special
privilege to the subject property owner, i.e. whether approval of
the request would result in "spot zoning" a piece of property.
Despite the isolation of this tract from multi-family and
commercial districts, in view of the length of time this tract has
remained vacant, some type of low density multi-family or limited
commercial development may be appropriate here.
Character of the Neighborhood
The neighborhood is a very stable residential area with desirable
homes in all directions. The nearest commercial development is
the Central Mall which is part of a planned development that
originally called for single-family homes to be built on the
vacant ground between the mall and the railroad.
A request has been filed to amend that Planned Development
District to allow multi-family apartments to be constructed on
that ground instead. The request for R-2.5 zoning would extend
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
11/6/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM PLANNING a DEVELOPMENT
NO.
Roy Dudark
Page 4 BY: BY:
from the railroad tracks west to the mall site along the north
side of Magnolia. Even if this change in density Is approved,
with the exception of the South High School grounds, ill the
property surrounding the subject site is presently in or planned
for residential use, and predominantly single-family use.
A somewhat different character emerges if one looks only at the
immediate vicinity adjacent to this site. Other than the four
existing homes along Saxwood, the site is adjacent to tWo wide
arterial streets and an over-sized intersection due to the
convergence of the railroad and a diagonal street right-of-way
alignment. The street accessibility exerts a strong influence on
the land use potential and marketability of the site for some type
of commercial use.
Two factors for the Commission to consider are:
- Whether the proposed rezoning adversely affects the
neighborhood and/or harms the living conditions, value, use
and potential development of adjacent properties.
- Whether the proposed rezoning is brought about by changed
or changing conditions in the surrounding area.
The primary compatibility question is: To what extent would
commercial development of the site alter the character of the
surrounding area? The answer depends to a large extent ~on the
types of uses allowed, the operational limitations on such uses
and the sensitivity of the site plan and architectural design of
the proposed development. Compatibility between different uses
can be increased through the use of screening, buffering~ berms
and landscaped setbacks. In this case, the operating
characteristics and operating hours of a bank office would be
significantly different than a convenience store or other:retail
outlet. Development of this site could actually buffer adjacent
properties from noise and headlights at the Belmont/Magnolia
intersection.
Public Utilities
Water - 6-inch water lines exist adjacent to this tract within
the rights-of-way of Magnolia Rd., Belmont Blvd. and Saxwood
Drive. Any of these lines could adequately serve the uses
proposed for this tract.
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE IIME
11/6/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM PLANNING & DEVELOPMENT
NO.
Roy Dudark
Page 5 BY: BY:
Sanitary Sewer - 10-inch sewers exist in the rights-of-way of
Belmont Blvd. and Magnolia Rd. Either of these lines is
sufficient to serve the uses proposed on this tract. An 8 inch
clay sewer is already stubbed in to the middle of this site.
Storm Drainage - Due to capacity problems in the adjacent storm
sewer system, a stormwater detention ponding area may need to be
constructed in the southwest corner of this tract if it is
determined that the proposed site coverage would exceed the site
coverage and resulting run off from three (3) single-family homes.
After heavy rains, runoff water in this pond would be discharged
into a network of and sewers and surface ditches which flow west
to Dry Creek. The applicant, as one condition of approval of this
plan, would be required to submit plans for construction of
drainage improvements for approval by the City Engineer prior to
issuance of a building permit for this tract. The applicant's
consultant has submitted data comparing the proposed bank plan
with three single-family homes. Site coverage for the bank would
be 11,560 vs. 10,450 for three homes. Based on this minor
difference (10%), a request has been made to be relieved of having
to install a detention pond. City Engineering is reviewing the
request.
Traffic and Access
This triangular tract is located adjacent to Saxwood Drive, a one-
block residential street, and Magnolia Rd. and Belmont Blvd., both
arterial streets providing major access routes to and through the
south portion of Salina. Also located within 200' of this tract
are Union Pacific Railroad tracks, which run in a northwesterly to
southeasterly direction Just west of this tract. They bisect the
intersection of Magnolia and Belmont. Quincy Street, which is a
north-south collector street intersects with Belmont west of this
tract, about 200' north of the Belmont/Magnolia intersection.
The proposed use would obtain access from both Saxwood and
Magnolia via two (2) driveway openings on Saxwood and one (1) on
Magnolia.
Traffic counts (vehicles per day - VPD) at this intersection for
the years 1982 and 1988 and 1991 are shown below:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
11/6/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM PLANNING & DEVELOPMENT
NO. Roy Dudark
Pa~e 6 BY: BY:,
Seqment 1982 1988 1991
Belmont - North of Magnolia 6,300 10,169 10,790
Belmont - South of Magnolia 5,300 5,602 6,943
Magnolia - East of Belmont 3,400 3,580 3,800
Magnolia - West of Belmont 6,900 9,575 10,161
As the above data illustrates, a substantial increase in traffic
volume has occurred on Belmont north of Magnolia and Magnolia west
of Belmont. This increase is primarily associated with the
opening of the Central Mall and adjacent uses along South Ninth
Street. Traffic generated from northeast Salina by these new
commercial uses has made greater use of Belmont Boulevard.
Preliminary plans have been developed for improvement of the
Belmont and Magnolia intersection. Such improvements would
consist of additional turn lanes and installation of traffic
signals and railroad crossing gates. Funds for this project are
not included tn the current CIP.
Conformance with Comprehensive Plan
The comprehensive plan designates this area as low density
residential. Rezoning to C-1 commercial would be inconsistent
with this designation and would require a plan amendment prior to
any zoning change to PC-1. Such an amendment would involve the
designation of an isolated parcel of land for commercial use in
the midst of residential use in all directions.
Review of Bank Site Plan
Site Coverage
Total Land Area = .63 acres (27,000 sq. ft.)
Building Area = 44' x 60' (2,640 sq. ft.)
Proposed Lot Coverage = 10%
C-1 Maximum = 30%
Setbacks - This property has three (3) front yards and
consequently three (3) required 25 ft. front yard setbackS. The
proposed bank building would be set back 46 ft. from Magnolia, 25
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE I[ME
11/6/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM PLANNING & DEVELOPMENT
NO. Roy Dudark
Page 7 BY: BY:
ft. from Belmont and the drive-up window canopy on the east side
of the building would be set back 20 ft. from Saxwood. The
structural supports for the canopy would be set back 25 ft.
The C-1 district regulations permit paved parking areas to cover
50% of a required front yard area. The applicant's plan shows no
front yard parking along Saxwood and proposed paving covers very
little of the front yard setback area along Magnolia and Belmont.
This will provide a generous green space between the adjoining
streets and the bank facility.
Desiqn, Layout and Circulation
The plan shows a single 24 ft. entrance/exit drive and 10 parking
stalls on the Magnolia side. Two (2) 24 ft. driveways are
proposed on Saxwood. It appears that most of the drive-up!window
traffic would use the Saxwood drives to enter and exit the site.
The drive-up window is designed so that vehicles would enter from
the south and leave via the north driveway. However, these
driveways are wide enough to be two-way.
The Engineering Department has indicated that the number, location
and width of proposed driveways would pose no congestion problems
of hazardous conditions at the Belmont/Magnolia intersection. The
proposed number of spaces, the dimensions of parking stalls and
maneuvering aisles and the number of stacking spaces for the
drive-up window appear to conform with zoning ordinance
requirements.
Siqnaqe - No signs are proposed or indicated on the plan. The
site would be subject to the C-1 sign regulations. DireCtional
signs for the parking lot would be exempt from sign permit
requirements if they are less than 5 sq. ft.
~iqhtinq - The applicant has not shown any proposed lighting on
the plan and has indicated that the only lighting planned would be
underneath the canopy and on the building itself.
Landscapinq
In addition to the landscaped front yard, the applicant is
proposing a series of shade and ornamental trees along Magnolia
and Saxwood and what appears to be a clustering of trees in the
southwest corner of the site adjacent to the Belmont/Magnolia
intersection. It is not clear what specific measures (suCh as a
berm and/or low growing shrubs) are proposed along Saxwood and
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
11/6/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
ITEM PLANNING & DEVELOPMENT
NO.
Roy Dudark
Pa~e 8 BY: BY:
Magnolia to screen the parking lot from the adjacent street and
homes as required by the Landscaping Ordinance. Also, no legend
and planting schedule indicating the size and variety of trees and
shrubs proposed is provided on the plan. Landscaping details
would be worked out during the building permit review process.
Planning Commission Recommendation
The Planning Commission conducted a public hearing on this
rezoning application and proposed site plan on October 17, 1995.
Following presentation of the staff report and comments from the
applicant, the Commission took two actions. First, a motlon was
approved 7-0 to recommend that the Comprehensive Plan be amended
changing the designation of the site from Low-Density Residential
to Office Commercial. Second, a motion was approved 7-0 to
recommend approval of Planned C-1 zoning and the site development
plan subject to the following conditions:
1. Ail public easements proposed to be built over shall be
vacated by separate action, new easements if needed shall be
dedicated by separate instrument.
2. Drainage plans and specifications shall be approved by the
City Engineering Department prior to issuance of a building
permit. Needed drainage improvements shall be completed and
a maintenance agreement for any drainage structures recorded
prior to issuance of a Certificate of Occupancy.
3. A landscaped berm at least 2 ft. high and 50 ft. long shall
be constructed between the two driveway entrances on Saxwood
Drive.
4. A detailed landscape plan shall be submitted to and approved
by the Zoning Administrator prior to issuance of a building
permit.
5. A revised site plan showing the location and size of
proposed signage, parking lot lighting, parking lot
screening and the possible location for a detention pond
shall be submitted prior to City Commission consideration of
this request.
CITY OF SALINA
REQUEST FOR COMMISSION ACTION
ll/~f~ ~
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMENT
ITEM Roy Dudark
NO.
Page 9 BY: BY:,
6. Development of the site shall substantially conform to the
approved site plan.
The Planning Commission cited the following reasons in support of
1ts recommendation: 1) The existing R-1 zoning ls not
appropriate for the property~ and 2) A bank would create fewer
negative impacts than a convenience store or other retail use.
Lighting has been addressed by the applicantl the parking lot will
not be lit. Parking lot screening will be addressed on the
landscape plan. The Engineering Department is reviewing whether a
detention pond is actually needed. The only information not
submitted by the applicant is proposed signage for the site.
City Commission Action
If the City Commission concurs with the recommendation of the
Planning Commission, a motion should be made to place the attached
ordinance on first reading. Second reading would be scheduled on
November 13. If the City Commission disagrees with the
recommendation of the Planning Commission, it may= 1) overturn
the recommendation by a 2/3 majority vote or 4 affirmative votes,
b) make minor changes in the recommendation by a simple majority
vote or 3) return the application to the Planning Commission for
reconsideration along with the basis for disapproval.
Enclosures= Application
Vicinity Map
Site Plan
Floor Plan
Building Elevations
PC Minutes of 10/17
Ordinance #95 - 9713
cc= Bill Harbin
Dennis Riordan
¥ PUBLICATION DATE No Later Than_$epCelll~er 26. 1995 APPLICATION NO. Z95-9
"~.; HEARING DATE October 17, 1995 DATE FILED ~_Septe~l)er 15, 1995
VICINITY MAP ATTACHED FILING FEE $32.5.00
-. OWNERSHIP CERTIFICATE RECEIVED RECEIPT NO. ¢.J_..~L~ '7 .~ q-
)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: $ol-omo~. Sta~e--Bank-
,, 2. Applicant's Address I ~R w: Maln SO]_O_,,On, _w_ =_ ~ _~ =_ _. Zip Code:
~ . 3. Telephone (Business): ~13-f, 55-?~41 (Home):
--~- 4. Owner's Name: So!o~on St~tc
.... 5. Owner's Address ~___ Zip Code:
.... 6. Legal description of property to be rezoned (attach additional sheets if necessary):
-: ~ 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: __ 236~--4~lmont
8. Area of property (sql ft. and/or acres): --app=oximate!y 2!000 _~q. ft.
9. Present zoning: ~p~_-_l ........ Use: .... -Vacant
10. Requested zoning: PC~ Use: __nk--F___l[ty
" 11. Are there any covenants of record which prohibit the proposed development? (Attach copy):
12. List reasons for this request. (Attach additional sheets if necessary): _mo a!!o,:;
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)
14. Will there be sufficient off-street parking provided for the requested use?
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: Jv~_~ . '
ADDRESS: ............. ZIP CODE:
TELEPHONE (Business): 823-944G AREA CODE: 91 3
White - Planning Canary - City Clerk Pink - Inspection Gold - Applicant
' (Rev. 8/84) 101
)PLEASE OD NOT DETACH)
Application Z96-9
~d by Solomon State Bank
?
1 inch = 200 ft
/ , 0
SITE PLAN
~ V~ATE THE EA~T BET~EN
~TS ~ ~D T~EE,
LDTS 1,8 AND 3, BLOCK 88, BELMONT ADDITIDN,
CITY DF SALINA, SALINE CDUNTY, KANSAS,
ISDLDHON STATE BANK SALINA KANS, ASI'
I SALINA KANSAS ..,,.J Ja..~:
NCT~4. IrmclrA AHO SI~'rlT. '*
IsoLnMnN STATE BANK SALINA KANSASI'
~ I $N. INA KANSAS I "'-'
JCl..~RK HNJBJ# AIJCNJ?I:CTIJIIAL. CJJ~I,I. TANT$ J "
MOTION, Mr. Blevtns m~e~t~oval of P9 DDS1-4E flied
· by ERC Properties ~speclftcally that the present
· zoning of PDD R~o reflect a zoning of PDD
'.~ R-2.5 ~- ami y ol h u~'-!-~_and platting, I do so
~:~ SECOND, Mr. Morsesecondedthemotion.
:!. VOTE, Motion carried 6-1 (Mr. Umphrey).
- #6. Application #Z95-9, filed by Solomon State Bank,
*, requesting a change in zoning district classification from
R-1 (Single-Family Residential) to PC-1 (Planned
· Restricted Business) on property legally described as Lots
· 1, 2 and 3, Block 23, Belmont Addition to the City of
Salins, Saline County, Kansas (a.k.a. 2361 Belmont
Blvd./605 E. Magnolia).
:" Mr. Andrew gave the staff report and stated as you will
note, we included in our staff report as best we could the
zoning history on this lot originally being platted in
19'58 and being vacant to this day as presently zoned R-1.
What you see on the screen Is the vicinity map showing the
request area and the surrounding zoning which you can see
:~ is all solid R or R-1 (Single-family) but now reflecting
on your action Just taken, the area directly to the east
of the Central Mall site may well be changed to R-2.5
zoning for apartments. The proposal you have is for C-1
zoning which is restricted business and then to
~ incorporate these lots into a Planned C-1 d/strict which
means you would be approving a specific site plan as well
as for the site. This ts the site plan proposed by the
applicant, It is a 2,600 sq. ft. branch bank facility with
three drive up lanes, two would be for banking
transactions and there would also be an ATM machine on the
outside stall. As you can see, there are two driveway
openings proposed on Saxwood and one on Magnolia with no
access on to Belmont. There would be approximately twelve
parking spaces on the Magnolia side of the building. We
note in there that this ts a request for PC-1 zoning and
they are also wishing to add banks and financial
institutions to that list of uses so if this plan
acceptable to you that would also approve a bank as a use
in this location. Page three of our report highlights the
basic development standards for the C-1 District dealing
with the lighting being shaded so that it doesn't cast a
' -. glare upon the traffic on public streets or adjoining
residential districts and also the recently amended
provision that only 50% of a front yard can be covered by
parking. As we note, if they wish to develop anything
different on this site than what is submitted today, they
would have to come back to you for a plan amendment. One
of the main issues we have looked at on this site many
-~ times is what is It suitable for. It has remained vacant
since it was platted, there were houses built to the east
on Saxwood in the middle ?0's and even after those were
built it has remained vacant so that Is certainly one
factor you may consider is the length of time that it has
remained vacant and the likelihood you see that it will
develop under the present R-1 zoning. And then on the
other hand we point out looking at the map that this site
Is surrounded completely by residential zoning and any
action you take to make this a commercially zoned site,
essentially you would be creating an island or a spot of
commercial zoning surrounding by residential. So those
are the factors so far as whether it is suitable for
development under the existing zoning. As far as the
character of the neighborhood, the area to the east Is
substantially developed with desirable single family
Saline Planning Commission
October 17, 1995
Page 15
homes. This site may be affected by the action of
approving apartments to the west which will slightly
" change the character of the area. You also have the South
High School grounds directly to the south. Looking at the
general area you have two high traffic streets, a school,
a mall and a possible future apartment site as well as the
~ railroad, but then directly across the street you have
single family homes, so there is a bigger picture and a
smaller picture, we point out two issues for you to look
.. at as far as the character of the neighborhood, whether
.~ you believe this proposed zoning would adversely affect
the neighborhood or harm living conditions and whether Fou
; think this proposed rezoning is brought about by changed
or changing conditions. We have pointed out some of the
.~- changes as far as traffic and increased traffic in our
; report and we also pose the question= "to what extent
'~. would commercial development of this site alter the
-.. character of the area"? and to some effect that is
dictated by what plan is brought before you, what type of
screening, what type of buffering, what type of operating
hours and things of that nature and you could well find
that a bank has different characteristics than a
· convenience store that has been previously proposed and we
also pointed out any development on this site would help
buffer the homes from headlights and noise, etc. at that
intersection. Public utilities are not an issue. When
this was looked at as a convenience store site, the
Engineering Department believed that some storm water
· detention was needed because of the increased coverage and
paving for the parking area. ! believe they still feel
that way, that a small detention pond in the southwest
corner should be designed and then release the water into
the storm sewers at a delayed rate. On page six we
summarize the change in traffic in this area and as you
can see on Belmont north of Magnolia, looking at the past
13 years, there has been a marked increase in traffic on
Belmont that certainly is reflected because of the
development of the mall but there has even been an
increase in traffic since 1988, at which time the mall was
already built. The intersection itself is not overloaded
or over capacity, but we did point out to you that
Magnolia will be widened to the west and there are some
preliminary plans for improvement of this intersection and
possibly even future signalization, although there is no
money currently set aside for that. We summarized some of
the development goals of the Comprehensive Plan and as
with the mall site for apartments, this is currently shown
as low density residential on the plan and any action that
you would take to recommend for rezoning to commercial,
you should precede with a motion to amend the
..... Comprehensive Plan to show this as suitable for commercial
office development. Most of the site development proposed
conforms with our C-1 regulations, adequate setbacks,
adequate parking, adequate landscaped front yards but
there is no specific information about proposed signage or
lighting, either the location of lighting or where it
would be oriented and we are assuming that some lighting
of the parking lot will take place. On the landscaping,
there is kind of a generalized plan. It is not specific
as to shade trees or ornamental trees or shrubs or
identifying a particular variety so we would like to see
some more detail there if you should recommend approval of
this. Taking a staff position has always been kind of
diff£cult on this. On one hand you have the vacant tract
and the fact that it sat vacant all these years which
tends to support the idea that it is not properly zoned
but that is balanced by the problems we see any time you
create a spot commercial zone In the middle of a solidly
residential area. But we believe that some zoning change
is Justified even if it is Just to R-2 to allow duplexes
or town homes as opposed to single-family. If you wish to
approve this application as submitted we have suggested
six conditions on page 10 and 11 for your consideratio~.
I would remind you that any action you take to approve it
..: Salins Planning Commission
" October 17, 1995
Page 16
". as submitted should be preceded by a motion to first amend
· the plan to show this as commercial.
Mrs. Duckers asked are there any questions of staff?
Mr. Morse asked does Saxwood have a median break on
Belmont?
Mr. Andrew stated yes it does, in other words you can go
-~ down Belmont going south and make left-hand turns on to
.. Saxwood.
Mr. Morse asked and is there also one Just short of
Quincy?
Mr. Andrew state right, they don't line up.
Mrs. Duckers stated this is preferable to the convenience
store that has been suggested several times. Are there
further questions of staff?
Mr. Andrew stated you also had the floor plans and the
elevations in your packet. One option you do have, if you
wish to Incorporate the building elevations that you have
seen in your packet in some way in your approval, you have
that option as well. We did not list that as a condition
but if that is a concern you can incorporate those by
referencing them in your motion.
Mrs. Duckers asked are there any other questions of staff?
. Hearing none would the applicant care to make comments?
If so, please state your name and address for the record.
Btll Harbin, 4032 S. Holmes Road. First of all there are
several things I would like to comment on. We do not plan
on any parking lot lighting away from the building. Our
hours even though it will become winter time and you don't
like to the help leave in the dark, we will have lights on
the canopy of the building. We do have a 4 ft. coverage
around the building. Also we have designed the building
and we might make a couple of changes in the elevations.
We would like to make it as residential looking as
possible. We do plan on shake shingles and a brick
exterior, for one thing, and our lighting as I said before
will be either on the building or underneath the canopy.
We will have overhead lighting at the ATM because that
will probably be used after dark but not to any great
extent. The plot plan shows that we have one of our main
entrances for doing business during the daytime hours will
be on Magnolia with no entrances being on Belmont and our
entrances for our drive up units will be on Saxwood and it
should not cause any high traffic density for this bank at
all. Bank hours will be 8:00 to 5=00. But ! would like
to say that the banking hours will more or less coincide
with the time that the residential owners across the
street from Saxwood are not there. Also there is no
residence on the south side by South High School and the
track is right south of that and also the west side of
this proposed location as stated before the railroad track
and a drainage ditch and the R-2.5 zoning which I assume
will come along very fast. There is one thing that I
would like to say that the staff has brought up in
reference to a detention pond. I am afraid if I put a
detention pond on it, you might not be able to put the
bank on it because of the amount of room that a detention
pond would take and I think that is one thing that I would
like to talk to staff about that is in their
recommendations on pages 10 and 11. I think this plan
well fits the area and that it will look very residential
and be much better suited than a convenience store.
Mrs. Duckers asked are there any questions of the
applicant? Hearing none was there any correspondence of
phone calls?
Salins Planning Commission
October 17, 1995
Page 17
-' Mr. Andrew stated we have not received any letters or
phone calls or follow up to our letters or the sign that
,. was posted on the property.
Mrs. Duckers asked are there any members of the public
that would like to comment on the application?
Mr. Harbin stated I would also like to mention that there
will be a sign and it will meet the city codes.
Mrs. Duckers stated I will close the public portion of
this application and bring it back to the Commission for
discussion and possible action that they wish to take on
this.
.-' Mr. Morse asked if this is approved for the bank then the
-, only change that can be made in the future would be for a
different bank. Is that the way ! understand that?
Mr. Andrew stated or any other C-1 permitted uses.
Mr. Dudark stated I think you have that option, you can
limit it to the bank. That was our understanding that
this is specific to this use, a financial institution.
Obviously banks merge and their names change, but it would
be a financial institution.
Mr. Blevins stated I don't understand that. ! don't
understand how a change in the Comprehensive Plan and a
change in the zoning can do that.
· Mr. Dudark stated this is planned C-1 and you are
incorporating a specific plan for this use.
'~ Mrs. Duckers stated it is like a PDD only this is a
.- planned commercial, you can't do anything different unless
it is approved.
Mr. Dudark stated the application says in number l0
proposed use is a bank facility, so they are saying this
is what the intent is for this use. I think any change in
use would require another hearing.
Mr. Blevins stated it ks of interest to me that a fence
drew more interest than a bank In the neighborhood.
Mrs. Duckers stated having set on this board before with a
convenience store At was packed so obviously the neighbors
don't have any objection to a banking facility going in as
a buffer.
Mr. Blevins stated the bank is going to change the
character of the corner and how far that extends into the
neighborhood remains to be seen. I have concerns about
the lack of a stoplight.
Mr. Umphrey stated well the 374 unit apartment thing we
Just voted on is going to change the character of the
neighborhood more than a bank.
Mr. Dudark stated I would Just like to make one comment
about the drainage plan. In the lower left-hand corner
where the three small circles are would be about where a
little retention pond would be. Are you all familiar with
the First Bank on South 9th Street, the new one out there
right by where Earthcare was? There is a small little
pond on the north side of that building that intercepts
the water from their parking lot and it drains into an
adjacent ditch. We are not talking about a very large
facility that would dominate the site, this would be a
little tucked in pond with a little berming around It or
something so it is not a very big facility if it is
needed. But this is changing the zoning, this was la~d
out for R-1 Single-family and so the storm sewers were not
Salins Planning Com~lssion
October 17, 1995
Page 18
necessarily sized for commercial use.
Mr. Blevins stated I wonder if we should table it until
that is worked out. It looks to me like the applicant has
a real question about that.
· ~ Mrs. Duckers stated we will need to amend the
Comprehensive Plan first and then do the other motion.
: Mr. Blevins stated it seems to me that this a very
· .. specifically designed project for a very specific use and
think the detail as to whether or not this is going to
~ work, the applicant said that if he has to put in a
drainage retention pond that would kill the project and
i.- what I hear Mr. Dudark saying is that he is maybe over
L! estimating the size of the pond necessary, ! think that
~f- needs to be worked out.
Mr. Umphrey stated I think you misunderstood, I think the
applicant stated that he would work with the Planning
Staff to determine whether a detention pond was needed or
not. Is that correct Mr. Harbin?
Mr. Harbin stated the thing about it is that the size of
' the lot is going to determine how large a retention pond
would be needed, the parking lot will take up 10% of the
~ property which is much less than three homes would take up
so actually the drainage off that property would be less
than three homes. Like I said ! would like to have the
r.. staff reevaluate their thinking, if they think that a
detention pond is really necessary that is fine, I don't
"' think that it is but if they think it is we could put one
Mr. Blevins stated that clears it up for me, thank you.
Mr. O'Leary stated we don't believe generally that it is
the staff's role to establish that. We make that
suggestion to the applicant, we ask them to study it with
a third party independent engineering firm that is what we
would expect from them in this case. He is right the
issue is related to as it always is before and after, if
this proposed development will generate more run off than
three single-family residences. We don't know that, the
difference here is that you have one building but you have
much more parking lot than you would in a residential
zone. The outcome could be a very significant difference
but you did hear it from the area residents that there is
a problem up there. We agree with that. There is
probably more of a problem from this point east. This has
been very well defined in recent years.
Mrs. Duckers stated if you approve this for R-2 you are
going to have the same situation, you will have more
houses and more parking and so forth.
Mr. O'Leary stated generally speaking that is correct.
Mrs. Duckers stated it would create the same kind of
problem that the bank would.
Mr. O'Leary stated we think like Mr. Dudark indicated that
probably they may be over estimating the size and the
capacity of this basin. We have seen basins well designed
that would incorporate into the parking lot itself, making
it part of the landscaping area that would hardly even be
visible. We are not talking about a massive very deep
pond especially in this case.
Mrs. Duckers asked ere there any further questions of
staff, if not I would entertain a motion to consider one
of these four options that we have. However you must
remember that we need to amend the Comprehensive Plan.
Salina Planning Commission
October 17, 1995
Page 19
."_ MOTION= Mr. Morse moved to amend the Comprehensive Plan from
residential to office commercial and that is being based
· ' upon the change being consistent with the goals and
· policies of the overall Comprehensive Plan, the amendment
does not effect the adequacy of existing or planned
facilities and the change results in reasonably compatible
_. land use relationships.
SECOND= Mr. Umphrey seconded the motion.
~.. VOTE= Motion carried 7-0.
~:.. MOTION= Mr. Umphrey moved to recommend approval to the City
~. Commission of Application #Z95-9 subject to the six
:.! recommendations by staff listed on page ten and eleven of
this report to change from R-1 to PC-1 zoning.
-.. SECOND= Mr. Allen seconded the motion.
· VOTE= Motion carried 7-0.
97. Application #P95-9/gA, filed by ADM Milling Co.,
::. requestion approval of a replat of a 12-acre tract In the
Marydale Addition located south of Pacific Ave. and west
of Ohio St. including a portion of Woodland Ave.
Mr. Dudark stated the applicant has Just contacted us and
is requesting that it be tabled today because there are
.. some difficulties in resolving some issues on the plat
layout with an adjacent owner.
Mrs. Duckers asked does the applicant care to make a
statement? If so please state your name and address for
the record.
Alan Hale, 468 Upper Mill Heights Drive. I would like to
table this application for the moment. We are working out
some contractual situations on this.
Mrs. Duckers asked how much time do you need to finish
this so we know what future meeting date to use?
Mr. Hale stated we have a meeting scheduled to get this
finalized on Friday, October 20.
Mrs. Duckers asked would you be able to bring It back to
us for the first meeting in November? That would be
November 7th, is that adequate time?
Mr. Hale stated yes that should be fine.
MOTION= Mr. Umphrey moved to table applications %P95-9/gA and
#P95-10/10A until the November 7 meeting.
SECOND= Mr. Morse seconded the motion.
VOTE= Motion carried 7-0.
~rk ga#9' Application #PDD83-2B, filed by the Homebullders Association of Saltna, Inc., and Georgetown Inc.,
requesting approval of an amended final development plan ~
for Tract #3 in the Wilbur PDD located at the northeast/
of Marymount and Crawford. ~
ye the staff report and state--the screen
is the o~'~l site plan for the cor~t~f Marymount and
Crawford, th~s~th~ northeaster so to ~he top of
~~:ti o~t ~ r/~s ~r :~d: ' ' ~o~-~_ ~o~~
(Published in The Salina Journal November , 1995)
ORDINANCE NUMBER 95-9713
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 AND AMENDING THE
COMPREHENSIVE PLAN.
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 the Governing Body of the City of Salina,
Kansas:
Section 1. That the Comprehensive Land Use Plan Map shall be
amended redesignating the tract of land described herein from Low-Density
Residential to Office Commercial.
Section 2. AMENDMENT, PLANNED C-1 PLANNED RESTRICTED
BUSINESS. 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:
Lots 1, 2 and 3, Block 23, Belmont Addition to the City of
Salina, in Saline County, Kansas, more commonly known as
2361 Belmont Blv.d/605 E. Magnolia.
shall become a part of District "PC-l". PLANNED RESTRICTED BUSINESS.
Section 3. 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 PLANNED RESTRICTED
BUSINESS. Development of the property shall be subject to the plans on file
with the City Planning Commission and/or City Clerk, and the following
conditions, to wit:
1. All public easements proposed to be built over shall be
vacated by separate action, new easements, if needed,
shall be dedicated by separate instrument.
2. Drainage plans and specifications shall be approved
by the City Engineering Department prior to issuance of a
building permit. Needed drainage improvements shall be
completed and a maintenance agreement for any drainage
structures recorded prior to issuance of a Certificate of
Occupancy.
3. A landscaped berm, at least 2 ft. high and 50 ft.
long, shall be constructed between the two driveway
entrances on Saxwood Drive.
4. A detailed landscape plan shall be submitted to and
approved by the Zoning Administrator prior to issuance of a
building permit.
5. Development of the site shall substantially conform to
the approved site plan.
Section 4. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: November 6, 1995
Passed: November 13, 1995
(SEAL) John Divine, Mayor
ATTEST:
Judy D. Long, City Clerk