8.2 Ordinance 22-11098 Annexation - 53.26 Acre TractCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/07/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCALAPP OVAL:
NO: $
Community and Development Services BY:
ITEM Planning Division FINAL APPROVAL:
NO: Z
DA
Page 1 BY: Dean AndrewBY:
ITEM: Ordinance No. 22-11098
Consider an application filed by Building Kansas, LLC requesting the annexation of a 53.26 acre tract
of land located east of Centennial Road between Schilling Road and Magnolia Road.
BACKGROUND:
The 53 acre tract of land being requested for annexation is located in the southwest corner of what
staff refers to as the "donut hole" an island of unannexed property located on both sides of West
Magnolia Road west of 1-135. The donut hole is bordered by the city on all four sides and this 53 acre
tract abuts the city limits on the south (Wheatland Addition) and west (Schilling Subdivision No. 5).
This property is landlocked with no frontage on an existing public street and has historically been
cultivated farm ground. It was recently purchased from John Paul Schneider, who has been farming
it, by Storage Mart, LLC, the owners/developers of Foxboro Mini -Storage on Foxboro Drive and the
new owners have formed Building Kansas, LLC and are proposing to develop it into a residential
subdivision to be platted and known as the Aero Plains Addition.
Storage Mart, LLC has obtained access across a vacant tract of land owned by the Salina Airport
Authority in order to provide direct street access to Centennial Road. To provide a second means of
emergency access as required by the Fire Code, the developers are proposing to construct an
emergency access road from the north end of Foxboro Drive into the subdivision In addition, there will
be platted street connections that would allow future street connections across the property to the
north to connect this proposed development to Magnolia Road in the future.
Current Request
Storage Mart, LLC dba Building Kansas, LLC has filed an application requesting annexation of this 53
acre tract of land in orderto connect to City utilities and obtain full municipal services for their proposed
residential subdivision. Companion applications have been filed requesting rezoning and preliminary
plat approval for this proposed residential development. Building Kansas, LLC is proposing to create
165 lots for future townhome development. The applicant is requesting annexation in advance of
platting and zoning in order to become eligible to submit an application for the creation of a Rural
Housing Incentive District (RNID) for their proposed residential development.
The annexation request area is bounded by unplatted agricultural land on the north and east, property
that is part of Schilling Subdivision No. 5 on the west and the College Park PDD residential
development on the south. West Dry Creek forms the property boundary on the east and an
abandoned railroad right-of-way forms the boundary on the west.
AGENDA SECTION
NO:
ITEM
NO:
Page 2
Availability of Water & Sewer
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT:
DATE TIME
02/07/2022 4:00 P.M.
FISCAL APPROVAL:
Community and Development Services
Planning Division
BY: Dean Andrew
M
FINAL APPROVAL:
The City's policy is to require annexation before any residential or commercial development can connet
to city utilities. The annexation request area can be served by the city's existing utility system.
1. Water —
The closest existing water supply is a 12" water main that runs along the north edge of the
property that ties back to a line in Centennial Road. This 12" line is also connected to a 12"
water main on the west side of Virginia Drive extended that serves Menards. There is an 8"
water line that serves the mini -warehouse complex east of the flood control levee. There may
be a need for a connection to this line to provide a looped water supply to provide adequate fire
flow volumes and two sources of flow. Public water line extensions must be designed by a
licensed professional engineer and approved by KDHE. [This 53 acre tract of land is subject to
a benefit fee of $145,210 for water line improvements].
2. Sanitary sewer—
The public water and sanitary sewer lines installed in the donut hole area were installed in 2010
in support of the Menard's project. This 53 acre tract is not subject to a benefit fee for sewer
improvements made as part of the Menard's project because these sewer improvements did
not provide sewer service to the property. There is a 16 -inch sanitary sewer force main that runs
along the south edge of the property, however, this force main cannot be tied into by gravity
service lines. The Director of Utilities has identified a possible sewer service solution for this 53
acre site by tying into an existing gravity line in the southeast corner of the property that serves
the Hollybrooke Addition.
Other Utilities
This 53 acre tract is within Evergy's service territory for electric service and is not part of any rural water
district so there are no franchise issues or district boundaries that would need to be adjusted as a result
of annexing this property into the city. There is a natural gas distribution line that runs parallel to the
south side of Magnolia Road west of the Magnolia Commons Addition. The developer will need to
confirm whether there is a natural gas line in Centennial Road which could serve as a closer point of
connection. There is also a north -south high pressure gas line that crosses the western portion of the
property.
Storm Drainage
Runoff from the future development of this property will need to be directed west over to West Dry
Creek. Easements may need to be dedicated if it is determined that some form of detention is needed.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
02/07/2022 4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO:
Page 3
Street Access and Improvements
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
TIN
Centennial Road was improved to City Standards as part of a KDOT project in 1995. The applicant will
be responsible for extending public streets from Centennial Road into the site to serve individual
building lots. The future street layout will be determined during the platting process.
Emergency Services
Annexation of this property would mean that the City of Salina Fire Department would be responsible
for providing EMS service and fire protection to the subdivision. Emergency response would be from
Station #3 on Belmont Boulevard. This property is contiguous to areas that are within the existing city
limits and already receive City police and fire protection.
Adjacent Properties
The unplatted agricultural land to the north and east are not included in this annexation request and
are not anticipated to be annexed and developed in the near future.
Costs/Benefits of Annexation
The primary cost to the City would be the long term maintenance costs associated with maintaining
public streets and utility lines within the annexed area.
Potential benefits to the City include collection of additional City property taxes, City sales tax and
franchise taxes, as well as collection of benefit fees associated with the benefit district for the Menard's
project. This project is also directly supportive of the housing needs identified in the City most recent
Housing Study update.
Comprehensive Plan
When the current Comprehensive Plan was adopted in 2010 the property in the southern portion of the
donut hole was designated as future Suburban Residential indicating a desire to see the property used
for construction of single-family housing. The Suburban Residential land use allows for low density
residential development, typically in the range of 4 to 8 units per acre in forms such as small -lot single
family homes, duplexes and townhomes but not multiple family residential housing.
The Comprehensive Plan does not have a Policies Section or contain specific annexation policies but
it does contain guidance language on extension of City utilities and annexation. On Page 2-33 the Plan
states:
Infrastructure should not be used to support leapfrog development nor should it facilitate
scattered or disorganized development. Development that is proposed at the outer edges
of the growth areas should wait until development and infrastructure has reached that
AGENDA SECTION
NO:
ITEM
NO:
Page 4
area.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT
DATE TIME
02/07/2022 4:00 P.M.
FISCAL APPROVAL:
Community and Development Services
Planning Division
BY: Dean Andrew
in
EM
Infrastructure will be provided to contiguous uses that are within the city of Salina or in
the process of being annexed into the city. In no case shall municipal infrastructure be
extended to support development that is not within the city limits at the time of
development. Extension of infrastructure to serve development outside the city, or not
willing to become part of the city, is not an effective use of resources for the future of the
community.
The extension of infrastructure for a specific user or site would indicate that growth in
the area has not been coordinated or planned with future infrastructure improvements.
Also, the site would not pay its fair share of taxes or fees to cover the cost of the
extension, service and maintenance of the infrastructure and it becomes a long-term cost
burden to the City.
The unincorporated area of Saline County located outside the city limits but expected to receive future
development in a 20-50 year planning horizon is identified as the Urban Service Area in the
comprehensive Plan. The Urban Service Area can be further divided into Primary, Secondary and
Rural Service Areas. Primary Service Areas are the preferred location for urban development because
they are either contiguous with the city or in close proximity to existing development and the City has
the ability to economically extend public utilities and services concurrently with annexation of the
property. Secondary Service Areas represent the next tier of future growth and are expected to receive
urban development only after the Primary Service Areas have been substantially developed. The
remainder of the planning area, outside the City's Urban Service Area is a Rural Service Area that is
not expected to receive urban development or the extension of City utilities and services during the
current plan's horizon. This property lies within a Primary Service Area on the Urban Services Area
map meaning that City utilities are already in place or that the City of Salina has long term plans or
expectations to extend its services or its boundary in this direction. In this case the City has already
extended utilities to this area
FISCAL NOTE:
If annexed into the city this property would be subject to the City's property tax mill levy. The City of
Salina already has maintenance responsibility for Centennial Road to the west of this 53 acre site.
COMMISSION ACTION:
1. The Commission could approve Ordinance No. 22-11098 on first reading annexing this 53 acre
tract into the city. This would allow development on this site to connect to public utilities and
bring this site under the administrative, regulatory and law enforcement jurisdiction of the City
and would ensure that emergency response to the site is provided by the Saline Police and Fire
Departments.
AGENDA SECTION
NO:
ITEM
NO:
Page 5
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT
DATE TIME
02/07/2022 4:00 P.M.
FISCAL APPROVAL:
Community and Development Services
Planning Division
BY: Dean Andrew
M.
FINAL APPROVAL:
L -MV
2. The Commission could postpone consideration of this annexation request to a future meeting
date to allow the applicant or staff to provide additional information about the request.
3. The Commission could decline to approve Ordinance No. 22-11098 which would leave this
property outside city limits.
If Ordinance No. 22-11098 is approved on first reading, second reading would be scheduled to occur
on February 14, 2022 to allow the Commission to consider a request for RHID financing for the
proposed housing development on this property.
Enclosures: Application
Annexation Request Area Map
Future Land Use Map
Ordinance No. 22-11098
cc: Lance Cochran, Kennedy Berkley
Derek Lee, Storage Mart, LLC
Gary Hobbie, Project Manager
Hearing Date
-Z4
Application No.
Vicinity Map
Filing Fee
(�
Date Filed
12 - Z�-A - Z
Receipt No.
N i A
APPLICATION FOR ANNEXATION
1. Applicants Name Building Kansas LLC.
2. Applicant's Address 119 West Iron Suite 701
3. Telephone (daytime)785-825-4674 E-mail Icochran@kenberk.com
4. General Location of Property West Schilling Road & Centennial Road
5. Legal Description of Property to be rezoned (attach additional sheets if necessary) Unplatted S35, T14, 83,53,
53.26 Acres, Beg 327.92 West of NE/C SW/4 TH S146.36', SW 413,69', S 136.71'. SE
406.12', SW 240.29', W 398.86', N250.32', W 1718.33', N1018.85', E 2294.62', TOPB
6. Size of Property to be Annexed (sq. ft. and/or acres) 53.26 Acres
7. List reason(s) for annexation (attach additional sheets if necessary) Construction of Residential, Moderate
Income, Multi -Family Townhomes for Seniors and Families.
8. Present Zoning (Saline
9. Proposed zoning if annexed
ty)AG
-
R-2.5
10. Number of persons residing on property to be annexed
In submitting this application, I do hereby
property for inclusion within the P()fporate
Applicant(s)
Applicant(s)
Use
Tillable Acres
st the Salina City Planning Commission to consider the above-described
of Salina. Kansas.
Date 12/28/2021
Date
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: Lance Cochran,Kennedy Berkly; Gary Hobble, Project Manager
Complete Malling Address, including zip code 119 W Iron, Suite 701, Salina, KS 67402
Telephone (Business): 785-825-4674/ 785 -643 -8607E -mall address: buildingkansasllc@gmail.com
PLF-038, Rev. 10-2005 (T:\PLF Forms\Applications\PLF-038 Annexation.doc)
„,, V1_Pya 01
W 1/4
o MC 35. T-14 S. R 3 W.
CERTIFICATE
- OE SURVEY
POINT OF COMMENCEMENT
cwxEx
F.LLLs w WUNAOE dTW.
A PORTION OF N 12,
/
SWI 4. SEC 35, T -14-S. R -3-W
/
WTx COR SEC 25• T-14-5 R -3-W,
eW .E
FNCF MANN. 48.eY SWnI
SM1NE COUNTY, KANSAS
1/r BM w/ IANCYMN o9na•
89'45'10'
W 21.3(1'(C)
cAP FMD
-
S 89'45'10” E 2294.62(C)4t
89'45'10' W<
-
2122.96
.
327.92'(C)
1]I'i RPSEL 1 1/t
1
BW R6E Ma M.M. 21/2'
9AR FOL Q /,r nIP GF
BMR. N1YBE
se'x OIme
1 1/4 BM Frl
BRASS 01% IN WPE STAMPED 'WC
1/4
PgNT OF BEdNNING TCP v I
NT
I
II 5]4/]5' FWND. SECnW CMNER
W o.
S OI'56'22" E WON LWKNORN
CALWIAMD mer NORTH
146.36 C 3
�
m
YISCB05R
'a 4J
r ''unutt
R.R.p
TRACT AREA:
y
'7
I N 1 859-961
53.22 ACRES
Pp 250-25{
3
I
SC PLE:
8
I
I
r
S 52" W
ry
~
ib
I
II
y
o
136.716..71 C
6
]5' NP6t EYFxi
I
3
V
1 1
fil
I
9N9
m
S 10'5441" E
I
$
406.12 C
I
w
W
a
II
1/R' BM W/'UHOMMK
10' SMITMY $E'MR EA ENTw J
ja
cU
N
_—__—_— --UlA1A
'37'09" W 1718.33 M — — —
1/Y BM FgMD
— — — cede NNUUNKNO.
—T."
2
bC R/N
SO' M100p caxTpW S 1O'43'OO" W
zo' unuTr As[u r
MISC BW TiT.
dl
CWd1E1E
V
e """w
240.29 CgxON
Pe 250-T34
WON uxNNOYN
vPR'`p0p
pYE'�
z]9': L{isCr.
t4aB ItN
00'2T43" W
250.00' P ]OPAN
9 E
25032 M—
�6 •
!
N 81`38'06' W
7s 89'36'06' E 501. 8'(C)
.µ1c ATh o
(C)
30.
]rc nun ASFNwT
w 1
SFrJT—
5 Doroe'Ss' w
PIdT p
PWE
t/Y kD. PIPE w/
PC sIB-sz5
IJ76.B6 M
IEGEND
ewE RmBW FWxo.
UPoON UNN�N.D,9{Ny4n
I
$D' p/W
m�
1/2' PFBM fgwp. CMGIH VNNNONn.
A0N'
x
uNESs OTI(AM$E NMED
]rev-
Rnz;zlz,Z
EVERGREEN
S t/4 OWL SEC 35 r -I4 -S.
® 1/Y REBAR W/ 'EV RLS I]JY CM FWNO
DRIVE R/W
R -S -W, Oa5ElF0 s' fWNO,
OMaN pKKpplpL
Fol.
'ASE
AN
• IIY"2{' REBM WICLS -2C CM SET upy rw-
YM - 712 OWALL
N13NA
(P) PLATTED BEMINC k OISTMCE
SO M SAN P 0. t M51
2t] SOUKS SANTA P.O. BW[' lY
SHWA NN1
67
wr
(M) MEASURED BEAPoNC i dSiMCE
Z3
sAWA NS 8]102-z]M
FA5
R1. (ms) ez]-34001 FAX
"eKwn9c"m �n".kmg.eom
085)
, az]-]{u
Sw Cqi, SCC d5, 7-11-A R -]-w,
Buwm
z� SM . C
WLSW a cD. su STA MgNIMFNr
C cKNIATEO uu9JRENEHT
()
"r
:°°' m
w
M��T
♦ H/ VALLEY ENGINEERING
M
.
xw cop s[c r FWNo
Vin
SprIagfield St
1 inch = 600 feet
41jeosta St
Application #A22-1
Filed by Building Kansas, LLC
0
Area
mlO
1.
1 inch = 600 feet
Application #A22-1
Filed by Building Kansas, LLC
n Rd
r �—A
WS
m Bryt St%te
0
Summary published in the Salina Journal on February 2022.
Published on the City of Salina's website from February 2022.
ORDINANCE NUMBER 22-11098
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A CERTAIN TRACT
OF LAND 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. Findings.
The following findings support the annexation of the property described in Section 2 by the
City of Salina:
1. The subject property is the site of a proposed residential subdivision that wishes to
receive City utilities and services.
2. Annexation is being requested by the property owner in order to allow the property
to connect to existing City water and sewer lines and receive City police and fire
protection.
3. The subject property is located in the City's Urban Service Area and is contiguous to
the existing city limits on the south and west.
Section 2. Annexation. The following legally described tract, meeting one or more of the
classifications of 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:
A portion of the North Half of the Southwest Quarter of Section 35, Township 14 South, Range 3
West of the Sixth Principal Meridian, County of Saline, State of Kansas, being described by as
follows:
Commencing at the center corner of said Section 35: thence N 89°45'10" W along the North line of
said North Half, a distance of 327.92 feet to the intersection of said North line and the Centerline of
Dry Creek, said point also being the point of beginning; thence S 01'5622" E on said Centerline, a
distance of 146.36 feet; thence S 30°47'12" W continuing on said Centerline, a distance of 413.69
feet; thence S 00°56'52" W continuing on said Centerline; a distance of 136.71 feet; thence S
10°54'41 " E continuing on said Centerline, a distance of 406.12 feet; thence S 10°43'00" W continuing
on said Centerline, a distance of 240.29 feet to the intersection of said Centerline and the North line
of Wheatridge Addition to the City of Salina; thence N 89°38'06" W on said North line, a distance of
398.86 feet; thence N 00°19'09" E continuing on said North line, a distance of 250.32 feet; thence N
89°37'09" W continuing on said North line and it prolongation, a distance of 1718.33 feet to the
intersection of said North line's prolongation and the West right-of-way line of the Missouri Pacific
Railroad, said railroad right-of-way disclaimed by Deed Book 1232, Pages 959-961 in the Office of
the Register of Deeds of Saline County; thence N 00°06'43" W on said west right-of-way line, a
distance of 1018.85 feet to the intersection of said west right-of-way line and the North line of said
North half; thence S 89°45'10" E on said North line, a distance of 2294.62 feet to the point of
beginning.
Said Tract contains 53.22 acres more or less.
Section 3. Zoning. All property described in Section 2 shall be classified as lying in an A-1
(Agricultural) zoning district upon annexation.
Section 4. Repealer. That all prior ordinances in conflict herewith as they relate to the property
described in Section 2 are hereby repealed.
Section 5. Summary of ordinance for publication. That this ordinance shall be in full force and
effect from and after its adoption and publication once in the official city newspaper.
Ordinance No. 22-11098 Summary
On February 14, 2022 the City of Salina, Kansas passed Ordinance No. 22-11098. The ordinance
annexes a 53 acre tract of land located east of Centennial Road between Schilling Road and Magnolia
Road into the city limits in order to obtain access to City utilities and services. A complete copy of
the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street,
free of charge. This summary is certified by the city attorney.
(SEAL)
ATTEST:
JoVonna A. Rutherford, City Clerk
Introduced: February 7, 2022
Passed: February 14, 2022
Trent W. Davis, M.D., Mayor
The publication summary set forth above is certified this _ day of February, 2022.
Greg A. Bengtson
City Attorney