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7.1 Ordinance No. 22-11112 Rezone Tract Long-McArthur Addition 3AGENDA SECTION NO: ITEM NO: Page t CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. 7 ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew DA FISCAL APPROVAL: BY: FINAL A�P�OVN BY: illi l� ITEM: Ordinance No. 22-11112 Application #Z19 -2A, filed by Derek Lee on behalf of McArthur Enterprises, Ltd., requesting approval of an amended PC -5 (Planned Service Commercial) district on a 44 acre tract of land located on the west side of South 9th Street north of Water Well Road. The subject property is legally described as Lots 1-4, Block 1 of the Long -McArthur Addition and Lot 1, Block 1 of Long -McArthur Addition No. 2 to the City of Salina, Saline County, Kansas. This property is located in the 3300 and 3400 blocks of South 9th Street and is part of the South 9th Street Corridor Overlay District. [Under Kansas law, pending Application #Z19 -2A, requesting the rezoning of property on a 44 acre tract of land located on the west side of South 9th Street north of Water Well Road is a quasi-judicial land use matter to which the rules of due process apply. In order to assure that all Commissioners are able to fairly consider the application on the basis of the same publicly presented information, no one should initiate what is referred to as an ex -parte" contact with a Commissioner regarding the case, nor should a Commissioner entertain any such contacts. In order to assure that all Commissioners are acting with the same publicly presented information and to avoid any suggestion that a Commissioner has prematurely reached a conclusion regarding this application, Commissioners should refrain from any private discussion of the case with other Commissioners prior to the final public action on the application.] BACKGROUND: On September 7, 1999 the Planning Commission considered a proposed amendment to the Salina Zoning Ordinance to create a South Ninth Street Corridor Overlay District. This was one of the recommendations contained in the South Ninth Street Corridor Study to help guide future development in this corridor. This overlay district was intended to supplement the standards of the applicable underlying zoning (C-5, C-7, 1-1, 1-2, etc.) requested by the landowners in the corridor by filtering out big box retail and other high traffic generating uses and by establishing a uniform set of development standards. There are a total of six (6) permitted uses and twenty-two (22) conditional uses allowed in the overlay district and the district also contains provisions relating to landscaping, signage, outdoor storage and the architectural appearance of buildings. The Planning Commission voted 7-1 to recommend approval of this proposed overlay district and the City Commission approved the overlay district on October 11, 1999. The city's portion of the corridor overlay covers only the west side of 9th Street and extends from the south line of the Riffel Addition on the north to 1/4 mile south of Water Well Road on the south. The county's portion of the Service Commercial (SC) overlay extends 300 ft. east of 9th Street north of Water Well Road. (A copy of the South Ninth Street Corridor Overlay District regulations is attached to this report) On December 7, 1999 the Planning Commission conducted a public hearing on an application filed by Long McArthur Ford located at 340 N. Santa Fe requesting the rezoning of a 30.47 acre tract of land on South 9th Street which they had recently purchased in anticipation of relocating their dealership from North Santa Fe to South 91h Street. The proposed location was on the west side of South 9th Street just north of Water Well Road. At the conclusion of the hearing, the Planning Commission voted 8-0 to recommend approval of a zoning change from A-1 (Agricultural) to PC -5 (Planned Service AGENDA SECTION NO: ITEM NO: Page 2 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Commercial) and approval of Long-McArthur's proposed site development plan for a new automobile dealership complex on Lot 3 of the proposed Long -McArthur Addition. Additional lots were platted for Marshall Motors and a shared detention pond. The Planning Commission's approval and the subsequent ordinance rezoning this property approved by the City Commission on March 20, 2000 contained the following conditions of approval: 1. Uses on Lots 1-4, Block 1 shall be limited to those permitted and any subsequently approved conditional uses listed in the CO district regulations and shall be subject to the bulk and use limitations of the CO and C-5 district. 2. Signage shall comply with the C-5 district size limitations and the CO district height limitations except that Sign "A" on Lot 3 shall be allowed to have a height of 36 feet. 3. The developer shall be responsible for construction of the new decel lane on 9th Street shown on the preliminary plat and site development plan for Lot 3 and the main entrance drive shall not be located less than 75 ft. from Berg Road. 4. Development of Lot 3, including building design, signage and landscaping, shall conform to the approved site development plan and landscaping plan. 5. A revised site development plan for Lot 3 containing all revisions and corrections requested by staff shall be submitted prior to final zoning approval. 6. A final plat shall be approved prior to final zoning approval for the site. 7. A building permit for Lot 3 shall be applied for within 18 months of the approval date or the approved development plan shall become null and void and the zoning for the entire subdivision shall revert to its former classification. 8. A final site development plan for Lots 1, 2, and 4 shall be approved by the Planning Commission prior to issuance of any building permits. On July 1, 2003, the Planning Commission reviewed an application for approval of a final site development plan for a new automobile dealership facility for Marshall Motors to be constructed on Lot 2, Block 1 of the Long -McArthur Addition to the City of Salina (aka 3500 S. 9th St.). Following presentation of the staff report and discussion and questions, the Commission voted 8-0 to approve the proposed site development plan for Marshall Motors as presented at the meeting subject to the following conditions: 1. The applicant shall be responsible for the design and construction of the acceleration / deceleration lanes on South Ninth Street as shown on the site development plan for Lot 2. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 3 BY: Dean Andrew BY: 2. The applicant shall obtain approval of a break in restricted access from the City Commission prior to construction of the proposed driveway entrance on South Ninth Street. A public hearing will be held by the City Commission on Monday, August 4, 2003, to consider Mr. Marshall's request to vacate the platted restricted access along the 9th Street frontage on Lot 2. 3. The applicant shall obtain approval of a driveway permit from the Saline County Engineer prior to construction of the proposed driveway entrance on South Ninth Street. 4. The applicant shall obtain approval from KDOT to incorporate their proposed roadway improvements into the existing KDOT scope of work for the South Ninth Street and Water Well Road project prior to construction of the proposed driveway entrance on South Ninth Street. All engineering and construction costs related to these South Ninth Street modifications shall be borne by the applicant. 5. If the Marshall Motors site is opened before the South Ninth improvements are completed, the applicant shall provide a temporary driveway from South Ninth to the Marshall Motors project. The temporary driveway will serve the dealerships until construction begins on South Ninth in the spring of 2004, whereupon the temporary driveway will be closed while work on South Ninth Street proceeds and access to the site will be from the east -west access road only. 6. All proposed utility easements shown on the applicant's utility plan shall be dedicated to the City by separate instrument prior to issuance of a building permit for Lot 2. 7. Development of the site shall substantially conform to the site development plan, landscape plan, utility plan, building design and elevations, sign elevations and lighting plan presented to and approved by the Planning Commission. On March 5, 2019, the Planning Commission conducted a public hearing on an application filed by, Gary Gleason with Gleason and Son Signs, requesting approval of a change in zoning district classification from A-1 (Agricultural) district to PC -5 (Planned Service Commercial) district on a 17.43 acre tract of land located on the west side of South 9th Street north of Long -McArthur Ford. This property was formerly KDOT right-of-way that was annexed into the city in July of 1999. The applicant proposed to rezone this 17.43 acre tract to PC -5 to allow the placement of an Electronic Changeable Copy Sign (digital billboard) along the east side of Interstate 135 that Blue Beacon International proposed to purchase and install to promote events and activities in the downtown area. Advertising Signs were not permitted in the A-1 (Agricultural) zoning district; they were only permitted in zoning districts that allow off -premise advertising signs. Based on a change to the City's Sign Regulations, Electronic Changeable Copy Advertising Signs were not allowed within the city limits of Salina, except within 200 ft. of an interstate highway. In order for Gleason and Son Signs to install the proposed digital billboard sign, the property had to be rezoned to an appropriate commercial zoning classification and had to meet the requirements of the South Ninth Street Corridor Overlay AGENDA SECTION NO: ITEM NO: Page 4 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: District. The proposed advertising sign was 14 ft. x 48 ft. in size and was proposed to be set back 30 ft. from the interstate right-of-way line. The maximum height of the sign would be 30 ft. unless a height exception was requested and approved. The South Ninth Street Corridor Overlay District requires that all applications for rezoning be for Planned Development District (PDD) or Planned Commercial (PC) zoning. Therefore, the applicant proposed to rezone this vacant tract of land to PC -5 which would potentially allow the installation of an Electronic Copy Advertising Sign (digital billboard). On June 3, 2019 the City Commission approved Ordinance No. 19-10998, changing the zoning district classification on Long McArthur Addition No. 2 from A-1 (Agricultural) to PC -5 (Planned Service Commercial) to allow installation of an electronic changeable copy advertising sign (digital billboard), with the following conditions: a) Use of the property shall be limited to the installation of one (1) electronic changeable copy advertising sign in the location shown on the site development plan. The sign shall comply with the size limitations of the C-5 (Service Commercial) district and the 30 ft. sign height limit in the CO (Corridor Overlay) district; b) A separate sign permit must be applied for and issued prior to installation of an electronic changeable copy advertising sign on the property; c) Installation of the electronic changeable copy advertising sign must substantially conform to the site development plan and sign elevations submitted to and approved by the City Commission. A sign permit was issued for a 30 ft. tall, 1,344 sq. ft. v -shaped, double faced digital billboard sign to be erected on the property. That sign has been installed as proposed. Nature of Current Request Derek Lee on behalf of McArthur Enterprises, Ltd., has filed an application requesting approval of an amended PC -5 (Planned Service Commercial) district on a 44 acre tract of land located on the west side of South 9'h Street north of Water Well Road. The north line of the request area is''/z mile north of Water Well Road. Right now the only use allowed on the northern portion of the property is an Electronic Changeable Copy Advertising Sign. This request for approval of an amended PC -5 (Planned Service Commercial) district is for the purpose of creating a unified zoning district for the entire 44 acre tract that allows the full range of permitted uses and the ability to apply for any of the conditional uses listed in the South Ninth Street Corridor Overlay District. Approval of any of the conditional uses listed in the South Ninth Street Corridor Overlay District would require a conditional use permit application and a public hearing before the Planning Commission. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 5 BY: Dean Andrew BY: As part of the amended PC -5 district, the applicant has also submitted a site development plan for a proposed Quick Lane auto service center on proposed Lot 6. Role of the City Commission This rezoning application has two (2) components. First, the City Commission will need to determine whether the applicant's request for approval of an amended PC -5 (Planned Service Commercial) district on this 44 acre tract of land to allow the full range of permitted uses listed in the South Ninth Street Corridor Overlay District (automobile sales and service, automobile service and accessory stores, boat and RV sales and service, furniture showrooms, research and development facilities, and truck sales and service) to be permitted and the full range of conditional uses listed in the South Ninth Street Corridor Overlay District to be conditional (requiring separate Planning Commission approval on a case-by-case basis), is a suitable zoning classification for the North 17 acres of this site and whether or not it creates incompatible land use relations, heavy traffic loads or other adverse impacts to surrounding areas. (The rezoning request is basically to rezone the north 17 acres of the site to match the existing zoning of the south 27 acres of the site). Second, if the City Commission chooses to approve of an amended PC -5 (Planned Service Commercial) district, including allowing an automobile service facility like Quick Lane Service Center in the northern portion of this property, the City Commission will then need to review the site development plan for the proposed Quick Lane Service Center to determine if the plan meets all of the required development criteria set forth in the C-5 zoning district regulations and the South Ninth Street Corridor Overlay District regulations. Intent and Purpose of South Ninth Street Overlay District The South Ninth Street Corridor Overlay (CO) District is designed to achieve a high quality, planned mixed-use development pattern along South Ninth Street. Predominant uses shall consist of low- to moderate -intensity service commercial businesses. Secondary uses may consist of ancillary support facilities and limited retail activities. Businesses within the district shall not create incompatible land use relationships, heavy traffic loads or other adverse impacts to surrounding areas. The district is to be applied to areas designated by the South Ninth Street Corridor Study. All uses and activities shall be subject to the regulations of the underlying zoning district unless otherwise specified herein. Zoning Ordinance Requirements Although PC -5 is the underlying zoning, this site falls within the South 9th Street Corridor Overlay (CO) District. Therefore, the property is subject to the use limitations and development standards of both the C-5 and the CO District. Where the CO district regulations are silent on a matter, then the C-5 district regulations would apply. If the Planning Commission recommends approval of this application, development of the property (all 44 acres) would be subject to the following standards and limitations: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 6 BY: Dean Andrew BY: 1. Uses allowed: All permitted uses and any conditional uses subsequently approved by the Planning Commission allowed by the South Ninth Street Corridor Overlay District. (A copy of the South Ninth Street Corridor Overlay District regulations is attached to this report) 2. Setbacks - Front yard - 25 ft. from the front property line or 75 ft. from the centerline of 9th Street whichever is greater. Side yard - None required but the Fire Dept. requires a 20 ft. access aisle beside and between all buildings. Rear yard - None required but the Fire Dept. requires a 20 ft. access aisle behind all buildings. 3. Minimum lot area - Each development parcel must be at least one (1) acre. 4. Maximum lot coverage - 50% of each building lot. 5. Maximum structure height - 50 ft. 6. Parking: For automobile showrooms and sales lots - One (1) off-street parking space for each four hundred (400) square feet of floor area plus one (1) off-street parking space for each three thousand (3,000) square feet of open lot area devoted to the display of vehicles for sale or rent. Automobile service stations (auto service center) — Two (2) off-street parking spaces for each service bay plus one (1) off-street parking space for each employee. 7. Signage - Pole, ground and/or wall signs. a. Maximum sign area: Four (4) sq. ft. of sign area for each lineal foot of building frontage. b. Maximum height: 30 ft. C. Required setback: None. d. Advertising signs: Off -premise signs are permitted within 200 ft. of 1-135. 8. Paved areas - All access drives, parking areas and sidewalks shall be paved with asphalt or concrete. 9. Driveways - Access drives must be located a minimum of 100 feet from public streets, 50 feet from other access drives, and 25 feet from interior property lines unless shared access is provided. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 7 BY: Dean Andrew BY: 10. Landscaping - All sites shall be landscaped in accordance with the provisions of Sec. 42-65 of this chapter. 11. Outdoor storage - All materials, supplies, and equipment (not displayed for sale) shall be stored in an enclosed building or located in the side or rear yard and screened from visibility from adjacent streets. 12. Exterior lighting - Exterior lighting fixtures shall be aimed or shaded so that no direct light is cast towards any street traffic. 13. Architectural design - All development shall demonstrate a high quality visual appearance from the street. The architectural design of buildings, site improvements and landscaping shall appear integrated and coordinated. The main entrances to primary buildings shall face Ninth Street. All primary buildings shall have an attractive exterior finish and no pre -cast concrete or metal panels shall face Ninth Street unless the overall design presents a compatible appearance. The proposed architectural design of new buildings is reviewed by the Planning Commission as part of their site development plan review. *Note: Any conditional use not specifically requested for inclusion in the district by the applicant at the initial zoning hearing would require a separate application and a new public hearing as well as the submission and approval of a site plan. At this point, the applicant has not requested the inclusion of additional uses in the district. *Note: Any deviations from required setbacks, lot coverage, structure height or other bulk regulation must also be specifically requested by the applicant at the initial hearing or a separate public hearing must be held at the time of the request. To staffs knowledge, no deviations or exceptions are needed or being requested at this time. Suitability of the Site for Development Under Existing Zoning This factor deals with the suitability of the property for development under the existing PC -5 zoning which limits development on Long McArthur Addition No. 2 (the north 17.43 acres) to an Electronic Changeable Copy Advertising Sign and also whether the current zoning restrictions inhibits development of the property. The subject site is the entire 44.16 acre tract of land on the west side of South 9th Street, north of Water Well Road and legally described as Lots 1-4, Block 1 of the Long -McArthur Addition and Lot 1, Block 1 of Long McArthur Addition No. 2 to the City of Salina, Saline County, Kansas. It has 2,025.32 ft. of frontage along 1-135 and 2,124.64 ft. of frontage along South 9th Street. The applicant views it as a prime commercial site given its location abutting a major arterial street and its visibility from the interstate. The South 9th Street Corridor Study recognized the lack of available sites in the community for commercial uses such as automobile sales and service that need a large amount CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development Services ITEM FINAL APPROVAL: NO: Planning Division Page 8 BY: Dean Andrew BY: of land but generate very little traffic per developed acre (Note -The six permitted uses listed in the overlay district were selected because they typically generate less traffic than typical retail uses and restaurants). The west side of 9th Street between Schilling Road and Water Well Road was identified as a suitable location for this type of commercial development as well as other relatively low traffic generating uses such as hotels and motels. Because 9th Street is a four (4) lane divided roadway in this location with no turn lanes and limited crossovers, from a traffic impact/ traffic management standpoint this site is not suitable for large scale (big box) retail development. In fact, north bound traffic on South 9th Street is separated from the south bound traffic on South 9th Street by a median which depending on where you measure it is around 70 ft. wide. The applicant is proposing to construct a break in the median to allow vehicles to enter and exit the proposed development to and from both the north and south. The proposed median break would have a dedicated left turn lane for vehicles driving north on South 9th Street and a dedicated right turn lane for vehicles driving south on South 91h Street. Given the utility improvements in this corridor, the construction of the Water Well Road interchange, and the level of new commercial development along other portions of the South 9th Street corridor, staff would agree that the northern 17.43 acres of this tract is suitable for some form of commercial development and that the current PC -5 (Planned Service Commercial) district zoning limiting development to the existing Electronic Changeable Copy Advertising Sign serves to inhibit development of this site compared to similarly situated property on the west side of 9th Street. Staff would note that because of its historical use as on-off ramps to the interstate and as a drainage storage area, the ground elevation is lower than the elevation of 9th Street. It kind of sits in a bowl. It may take the importation of fill material and substantial grading to allow for positive drainage of streets and building sites out to 9th Street. Character of the Neighborhood This factor deals with whether the requested amended PC -5 zoning would be compatible with the zoning and uses of nearby property. This site is located at the far south end of a commercial retail corridor and is midway between the interstate interchanges at Schilling Road and Water Well Road. This site is bounded by vacant IH Heavy Industrial zoning east of 9th Street (in Saline County) and interstate exposure on the west. The adjacent properties to the north on Todd Circle are both zoned PC -5 and consist of a hotel conference center (Hilton Garden Inn) and a vacant lot. The Long McArthur and Marshall Motor Company properties are also both currently zoned PC -5. Therefore, staff believes the amended PC -5 zoning would be compatible with the zoning and uses of nearby property and would unify the 44 acre tract of land under one zoning district. AGENDA SECTION ITEM NO: Page 9 Public Utilities and Services CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: This factor deals with whether the proposed rezoning will create traffic congestion, overtax public utilities, cause drainage problems, overload public schools, jeopardize fire or police protection or otherwise detrimentally affect public services and whether the property owner or developer will provide the public improvements necessary to adequately serve the development. Adequate water (a 12 inch line on the east side of South 9th Street), sanitary sewer (a 15 inch line on the west side of South 9th Street) and gas and electrical lines are in place or can be extended to serve commercial development on this site. The amended PC -5 zoning district and the proposed Quick Lane Service Center should not result in any additional burden on public facilities and services. Fire protection would be provided by Station #3 located on Belmont Blvd. Street access points, traffic control, utility extensions and drainage are all addressed on the proposed Long McArthur No. 3 Addition replat. Conformance with Comprehensive Plan This factor deals with whether the proposed rezoning would be contrary to the goals, objectives and policies of the plan and whether the proposed rezoning would require an amendment to the plan and whether an amendment could be reasonably justified. The City's Future Land Use map in the Comprehensive Plan shows this portion of the South 9th Street corridor area as being appropriate for Commercial uses. Approving an amended PC -5 (Planned Service Commercial) zoning district, allowing the full list of uses permitted in the South Ninth Street Corridor Overlay District would be consistent with this designation. The primary uses identified by the Comprehensive Plan as appropriate for the future Commercial land use designation are retail, service, office, civic and institutional. The Comprehensive Plan lists the following location criteria for future uses located with a Commercial land use area. Location Criteria: Commercial sites should be located adjacent to arterials or major thoroughfares which provide needed ingress and egress in order to avoid congestion. The location of major commercial uses should be coordinated with mass transit routes, high- density residential, centers of employment, and other intensive uses. • Commercial development should have required site design features which limit noise, lighting, and other activity so as to not adversely impact surrounding residential areas and adjacent uses. AGENDA SECTION NO: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT: I FISCAL APPROVAL: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 10 BY: Dean Andrew BY: • Commercially -generated traffic should not feed directly onto local residential streets • Commercial uses should be located on key corridors (South 9th Street) or within mixed use centers as identified by the plan. The requested amended PC -5 zoning would meet the above location criteria set out in the Comprehensive Plan. The Comprehensive Plan lists the following development criteria for future uses located with a Commercial land use area. Development Criteria: • Ingress/egress points from arterial streets should be combined to support multiple commercial uses and properties. • Cross access easements should be required to reduce the trips on the arterial street network between uses. • Development should adhere to the South 9th Street Overlay District. • Transitions between commercial development and less intense adjacent uses and neighborhoods should minimize the impacts of noise, light, traffic, operations and intensity of the commercial uses. The applicant is proposing to construct a Quick Lane Service Center on Lot 6, Block 1 of the proposed Long McArthur Addition No. 3. Because this is part of a Planned Commercial district, plans for this use must be reviewed and approved by the Planning Commission. Item #2 Final Site Development Plan Review — Quick Lane Service Center Concurrently with the application filed to create a unified Planned C-5 district for Long McArthur Addition No. 3, the applicant is also requested approval of a final site development plan for a proposed Quick Lane Service Center. The proposed plans call for construction of a 14,400 sq. ft. automobile service center with 12 service bays. The role of the City Commission in this case is to review the proposed final site development plan and determine whether it conforms with the C-5 district land uses and development standards and the standards in Section 42-409.14 of the Planned Commercial District regulations. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: NO: Community and Development ITEM Services NO: Planning Division Page 11 BY: Dean Andrew Site Information Building Area: 14,400 sq. ft. (Automobile service center) 11.16% Lot Coverage Paving Area: 45,034 sq. ft. 34.93% Lot Coverage Green Space Area: 69,504 sq. ft. 53.91 % Lot Coverage Total Lot Area: 128,938 sq. ft. (Proposed Lot 6) Building Orientation and Setbacks FISCAL APPROVAL: BY: FINAL APPROVAL: BY: The proposed automotive service facility would be oriented to face South 9th Street. The overhead doors for the service bays would face north and south. The proposed building setbacks are 214.60 ft. from South 9th Street, 68.29 ft. on the north, 60.93 ft. on the south and 204.70 ft. at the rear of the building (west), which far exceed C-5 requirements. The applicant is showing a 17 ft. deep, landscaped green space between a proposed private frontage road parallel to 9th Street and the proposed off-street parking area in front of the proposed building. This green space runs the length of the lot with one break for ingress and egress, connecting the off-street parking lot to the frontage road. In addition to the green space between the frontage road and the proposed parking lot, the front 100 ft. of the site adjacent to South gth Street is all green space (18,706 sq. ft.). The proposed building lot coverage (11.16%) is well under the maximum allowed in the C-5 district, which is 50% of the lot. Building Design Because the proposed Quick Lane Service Center is located within the South Ninth Street Corridor Overlay District, Section 42-418.3, requires the Planning Commission to review the architectural design and visual appearance of the proposed building. The proposed Quick Lane Service Center building would be 74 ft. wide across the front (facing 9th Street) and 195 ft. deep (east -west). The proposed building would be 27 ft. tall. The elevation drawings provided by the applicant's architect show the east 150 ft. of the proposed building consisting of a combination of split face CMU (concrete blocks) and horizontal architectural metal siding. The split face CMU would make up the bottom 12 ft. of the building with the horizontal metal siding making up the top 14 ft. with a one (1) ft. wide yellow horizontal metal band separating the split face CMU and the horizontal architectural metal siding. The west 40 ft. of the building would consist of standard metal siding with vertical ribbing. The canopy structure that covers the main entrance would consist of rectangular shaped pre -finished architectural metal (aluminum) panels. AGENDA SECTION NO: ITEM NO: Page 12 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: ME The building elevations also show glass on the front fagade under the main entrance canopy. All 12 overhead doors also appear to be constructed of glass. The Ninth Street Corridor Overlay District requires that all development demonstrate a high-quality visual appearance from the street. 1-135 is also a street corridor and serves as a major entryway into the community. All primary buildings are required to have an attractive exterior finish and no pre -cast concrete or metal panels may face South 9th Street unless the overall design presents a compatible appearance. The renderings of the building elevations (which are included in this packet) submitted by the architect show the color of the proposed exterior of the lower half of the building (the split face CMU) being light grey with the proposed horizontal metal yellow band above the light grey and the horizontal ribbed metal siding above the yellow band being a dark grey. Parking The Zoning Ordinance requires that off-street parking be provided for the proposed automobile service center. Required parking for the automobile service center would be based on the number of service bays and number of employees (two parking spaces per service bay, plus one parking space for each employee). The proposed automobile service center would have 12 service bays and 20 employees. This would result in 44 required off-street parking spaces. The proposed side plan shows 57 off-street parking spaces being proposed. Access/Circulation The applicant's site plan shows the proposed development being accessed from a shared access road that runs east—west, straddling the North 14 ft. of Lot 6 and the South 14 ft. of Lot 7 of the proposed Long McArthur Addition No. 3. This shared access road connects directly to South gth Street. In addition to the east -west access road along the north portion of the property, the site plan shows a shared frontage road running north -south, parallel to South 9th Street. Both shared access roads would be privately owned and maintained by the property owners. The north -south shared frontage access road would be 31.28 ft. wide, and would be located 95.78 ft. west of the South 9th Street property line in order to allow for adequate vehicle stacking for vehicles entering South 9th Street. The 95.78 ft. set back distance provides five (5) vehicle stacking spaces within the east -west shared access road without blocking the north -south shared frontage access road. Staff would note that construction of a crossover in the South 9th Street median is needed to allow northbound traffic to access the site. With the access road along the north portion of the site and the frontage road paralleling 9th Street, the proposed site plan provides good site access and circulation. The proposed site plan provides 24 ft. wide access drives around all four (4) sides of the propose building, providing adequate emergency service and fire protection access to all points of the proposed building. AGENDA SECTION NO: ITEM NO: Page 13 Utilities CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: M The proposed Quick Lane Service Center development site on Lot 6 (as well as future development on Lots 4 and 7) have access to the following utilities: Water — There is currently a 12 inch water line on the east side of the South gth Street right-of- way available to tap into to provide water for the proposed automobile service center. Sanitary Sewer — There is a 15 inch sanitary sewer line on the west side of the South gth Street right-of-way available to tap into to provide waste water service for the proposed automobile service center. Storm Water Runoff — The proposed Long McArthur Addition No. 3 proposes a drainage easement (all of Lot 5, Block 1) for a future storm water detention pond for the northern portion of the proposed development. Stormwater runoff from this site will need to be directed to Lot 5, Block 1 where it can be detained and then discharged into the 1-135 right-of-way. Emergency Services — The site plan shows a fire hydrant being proposed in the greenspace between the north -south frontage road and the parking lot. The fire hydrant is located within the utility, access and drainage easement. There may be a need for an additional fire hydrant further west depending on future development. Lighting The applicant has submitted a photometric site plan showing the location of the proposed exterior lights along with the design cutsheets for each light fixture. All of the light fixtures are "shoe box" style units that direct light directly downward. The photometric site plan shows minimal light spill along the edges of the site plan. Signage The proposed site plan shows an eight (8) ft. wide by 16 ft. tall freestanding ground sign being located in the northeast corner of the property. The plans also show four (4) wall signs on the building, two (2) "Quick Lane" business identification signs, two (2) `Tire & Auto Center" wall signs and 10 service ("Maintenance", `Tires and Alignment', `Batteries", "Brakes", etc...) wall signs. The maximum sign height allowed in the South Ninth Street Corridor Overlay District is 30 ft. The C-5 district permits four (4) square feet of signage for each lineal foot of building frontage (80 ft. facing gth Street and 196 ft. facing the north access road), which means this location is permitted 1,104 sq. ft. (80 ft. + 196 ft. = 276 ft. x 4 sq. ft. = 1,104 sq. ft.) of signage. The proposed ground sign and the signage shown on the building equals approximately 592 sq. ft., which is less than the 1,104 sq. ft. maximum allowed. AGENDA SECTION NO: ITEM NO: Page 14 Landscaping and Buffering CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: Based on the street frontage and the depth of this lot, staff has determined that 4,200 sq. ft. of landscaped front yard area would be required on this site under the City's landscaping regulations (210 ft. x 20 sq. ft. = 4,200 sq. ft.). The proposed plan shows 4,600 sq. ft. of landscaping in the front 25 ft. along South 9th Street. This front yard landscaping area has three (3) shade trees lining the front of the property along South 9th Street which is consistent with the existing landscaping and development pattern at the Long McArthur dealership and Marshall Motor Company dealership to the south. The applicant's architect felt it was important to continue the existing landscaping pattern with trees along this stretch of South 9th Street, but is requesting that the bulk of the front yard landscaping be provided within the front 25 ft. west of the north -south frontage road. Within the front 25 ft. directly west of the north -south frontage road, the site plan shows an additional 4,597 sq. ft. of landscaping area. This landscaping area is where the bulk of the formal "front yard" plantings are being proposed. The Landscape Regulations would require the front yard landscaping area to have at least eight (8) tree units. The proposed site plan shows three (3) shade trees in the front yard area along South 9th Street with six (6) ornamental trees and 57 shrubs located within the front 25 ft. directly west of the north -south frontage road. Combined the two (2) front yard landscaping areas are credited with eight (8) tree units. In addition to the front yard landscaping area, the site is required to provide parking lot landscaping islands and peninsulas equal to at least five (5) percent of the total paved parking area. The proposed site plan shows 45,034 sq. ft. of paved parking area, which equates to the need to provide 2,251.70 sq. ft. of landscaping islands and peninsulas throughout the proposed parking lot. To meet this requirement, the proposed site plan proposes a 2,627 sq. ft. of landscape island area on the north side of the building between the parking lot and shared east -west access road. This proposed landscape island is populated with a combination of ornamental trees and shrubs. The site plan also shows a nine (9) ft. wide landscaping buffer along the south property line. In total, the site has 69,504 sq. ft. of green space, which covers 53.91 % of the site. Site Plan Review Process When the board of commissioners has reserved responsibility for review and approval of the site development plan: a) Planning Commission recommendation. Following its public hearing, the planning commission will prepare and transmit to the board of commissioners and to the applicant its finding and its recommendation to: CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 15 BY: Dean Andrew BY: 1) Approve or disapprove the site development plan as submitted; 2) Approve the site development plan, subject to specified revisions or conditions; or 3) Revise and resubmit the site development plan. b) Board of Commissioner's decision. After the planning commission transmits its findings and recommendation regarding the site development plan to the board of commissioners, the board of commissioners may: 1) Approve the recommendation; 2) Override the planning commission's recommendation by a two-thirds majority vote of the membership of the board of commissioners; or 3) Return such recommendation to the planning commission with a statement specifying the basis for the city commission's failure to approve or disapprove. If the board of commissioners returns the planning commission's recommendation, the planning commission, after considering the same, may resubmit its original recommendation giving the reasons therefore or submit a new and amended recommendation. Upon receipt of such recommendation, the board of commissioners, by a simple majority thereof, may adopt or may revise or amend and adopt such recommendation. Planning Commission Recommendation The Planning Commission conducted a public hearing on the applicant's rezoning request and request for final site development plan approval on April 19, 2022. The applicant's representative appeared and spoke at the hearing. Recommendation #1 The Planning Commission voted 5-0 to recommend that a unified PC -5 (Planned Commercial) zoning lot be created for this entire 44 acre tract, allowing the property to have the full range of permitted uses listed in the South Ninth Street Corridor Overlay District with the following conditions: 1. Uses on this 44 acre site shall be limited to those permitted uses listed in the South Ninth Street Corridor Overlay District and shall be subject to the bulk and use limitations of the South Ninth Street Corridor Overlay District and C-5 district. Signage shall comply with the C-5 district size limitations and the South Ninth Street Corridor Overlay District height limitations. AGENDA SECTION NO: ITEM NO: Page 16 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: 9W 3. A final site development plan for all building sites within the Long McArthur Addition No. 3 shall be submitted to and approved by the Planning Commission prior to issuance of any building permits. 4. A final plat shall be approved prior to final zoning approval for the site. The Planning Commission recommendation was based on the following findings: 1. The requested amended PC -5 zoning would be compatible with the zoning and uses of nearby property and consistent with the existing development pattern on the west side of this South 9"' Street north of Water Well Road. 2. The Long McArthur dealership and the Marshall Motor Company dealership properties are currently zoned PC -5, approving the requested amended PC -5 district would create one (1) unified zoning district that allows the full list of permitted uses within the South Ninth Street CorridorOverlay District for the entirety of the Long McArthur No. 3 Addition. 3. Needed public utilities and streets are in place to serve the proposed redevelopment site and the site has full access from and to South 9t' Street via a shared east -west access road that connects directly to South 9th Street. 4. The proposed rezoning of the subject property is supported by the Future Land Use Plan map because the subject property is located within the boundary of a Future Commercial land use area which supports PC -5 zoning. Recommendation No. 2 The Planning Commission voted 5-0 to recommend approval of the proposed site development plan to allow construction of a 14,400 sq. ft. automobile service center with 12 service bays and associated parking and landscaped areas. The Planning Commission's recommendation related to the proposed site development plan for Quick Lane Service Center was subject to the following conditions: On site signage on Lot 6 shall be limited to one (1) ground sign with a maximum permitted sign area of 130 square feet and a maximum sign height of 20 ft. Facade or wall signs for shall be subject to the C-5 sign regulations. 2. The applicant shall submit a Landscape Planting Plan clarifying the location, types and varieties of plantings being proposed. The Landscape Planting Plan shall have at least 8 tree units located in the front yard setback areas directly west of South 91h Street and directly west of the north -south frontage road. Landscaping on the west 205 ft. of Lot 6, Block 1 may be deferred until it is developed. AGENDA SECTION NO: ITEM NO: Page 17 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: 3. A KDHE stormwater permit (Notice of Intent) shall be required for this project. A copy of KDHE's approval letter must be provided to the City Engineer and a local Land Disturbance Permit must be applied for and issued prior to commencing any earthwork on the site. 4. A site drainage plan must be reviewed and approved by City of Salina Engineering staff, confirming that the majority of the site drainage is directed to the detention pond located west of this property on Lot 5, Block 1 prior to issuance of a building permit. 5. Design plans for the public water and sewer line extensions must be prepared by a Kansas licensed professional engineer and submitted for review to the Utilities Director and City Engineer. Upon approval by the Utilities Director and City Engineer, the final plans shall be submitted to the Kansas Department of Health and Environment (KDHE) for review and approval. Installation of the public water and sewer shall not commence prior to approval by KDHE. 6. An operational water system shall be in place prior to vertical construction of the building. All public water with fire hydrants and sewer lines shall be installed in a dedicated 20 ft. wide Utility Easement. Public water and sewer infrastructure shall be constructed per City of Salina Standards and Specifications. 7. An all-weather surface capable of supporting at least 75,000 pounds must be constructed to provide access to Lot 6 prior to construction commencing on the proposed Quick Lane Service Center. 8. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved site development plan shall be completed prior to occupancy of the building and shall be the responsibility of the applicant. 9. The project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference. 10. A building permit for this project shall be obtained within 18 months of site plan approval. COMMISSION ACTION: 1. If the City Commission concurs with the recommendations of the Planning Commission, the attached ordinance rezoning this 44 acre tract to a unified PC -5 zoning district and approving the proposed site development plan for a new Quick Lane Service Center should be approved on first reading. The protest period on this application expired on May 3, 2022 and no protest petition was filed. Second reading would tentatively be scheduled to occur on May 16, 2022. 2. In the alternative, if the City Commission disagrees with this recommendation of the Planning Commission, it may return this item to the Planning Commission together with the reason for CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 05/09/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: BY: Community and Development ITEM Services FINAL APPROVAL: NO: Planning Division Page 18 BY: Dean Andrew BY: the disagreement with three (3) affirmative votes or it may overturn the recommendation of the Planning Commission and deny this application provided there are four (4) votes in support of such action. The Commission would also need to adopt alternative findings in support of a denial. As to the proposed site development plan, it is linked to the ordinance rezoning the property. The City Commission may approve it as proposed, approve it subject to minor revisions or send it back to the Planning Commission to allow major revisions to be made. In the Planned Commercial District regulations there is a presumption that the Planning Commission will be the final approval body unless the City Commission reserves final review authority in the ordinance rezoning the property. The attached ordinance makes the Planning Commission the site plan reviewing body for the deferred site development plans for the remainder of the district, unless the City Commission decides it wants to reserve that authority. Encl: Application Vicinity Map Site Development Plan Landscape Plan Building and Sign Elevations Excerpt of 4/19/22 PC Minutes Ordinance No. 22-11112 cc: Derek Lee, McArthur Enterprises Charles Renz, JGR Architects Jeff Mills, Earles Engineering aryar Publication Date b. Application 2 a No. ft Hearing Data Date Filed Salim -2, doe rteootoarr Vicinity Attached K 6jMap Filing Fee 5a Community Ownership Certificate Receipt No, Development a -003A6 APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP 1, Applicant's Name Derek Lee 2. Applicant's Address 3450 South Ninth Street 3. Telephone (daytime) 785-823-2237 E-mail roush540@gmall.com 4. Owner's Name McArthur Enterprises LTD 5. Owners Address 3450 South Ninth Street 6. Legal Description of property to be rezoned (attach additional sheet if necessary) Long McArthur Addition No. 3 7. Approximate Street Address 3350 S. 9th Street 8. Area of Property (sq. ft. and/or acres) 16.73 acres / Proposed Quicklane development 2.96 acres 9. Present Zonino PC -5 10. Requested Zoning Amended PC -5 Use A digital advertising sign Use See attached list of proposed uses 11. Are there any covenants of record which prohibit the proposed development? YES ❑ (attach copy) NOW 12. List reasons for this request (attach additional sheets if necessary): The existing PC -5 zoning district is limited to a digital sign. Applicant wishes to amend the zoning district to expand the list of permitted and conditional uses. 13. Provide additional information showing the effect the request will have on present and future traffic Bow, schools, utilities, emergency services, surrounding properties, etc. (Attach additional sheets if necessary): Attached is the proposed development plan. The plan would add a median break at Ninth Street along with right -out only egress from the proposed access road. The site would be connected to existing utilities. 14. Explain how off-street parking will be provided for this requested use: The proposed development lots will be access from a frontage road connected to Ninth Street. All parking for the proposed development would be on-site, off-street parking. 15. List exhibits or plans submitted: - Signature Development Plan - Site Plan, Building Plan, Elevation Drawings and Renderings. Date: L -/y L Z- 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: Charles Renz, Jones Gillam Renz Architects Complete Mailing Address, Including zip code 730 N. Ninth Street Telephone (Business): 785-823-8773 E-mail address: crenz@jgrarchitects.com PLF - 051, Application Amendment to District Zoning Map, Rev. 0412011 1 inch = 500 feet Application #Z19 -2A - I Filed by Derek Lee { 1 ` r - I Request Area v 1 M- J;- ... 3- � µ r T pip . Wae llRd c State -I m A-1 PC -7 A-1 1 inch = 500 feet Request PC -5 Application #Z19 -2A Filed by Derek Lee PC-5 �i� i A-1 ell Rd 'C °R . 4 �a St1te v _ v Al t r E .r � r •fir � _ r - 1 r' tri r �r� PC 5 p.� PCS PC -7 Attachment Existing Ordinances in Effect (Published in The Salina Journal Marchati, 2000) ORDINANCE NUMBER 99-9959 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas Section 1. AMENDMENT. DISTRICT "PC -5", PLANNED SERVICE COMMERCIAL DISTRICT. 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: A tract of land located in the East Half (131/x) of the Southeast Quarter (SE1/4) less Interstate Highway 135 and Highway 81 right-of-ways, of Section Two (2), Township Fifteen South (T15S), Range Three West (R3W) of the Sixth Principle Meridian, in Saline County, Kansas, described as follows: Commencing at the southeast comer of said Section Two (2), thence westerly on an assumed bearing of North Ninety degrees, Zero minutes, and Zero seconds West (N.90°00'00"W.), along the south line of said Southeast Quarter (SEY4) a distance of Five Hundred Eighty-two and Seventy-three Hundredths (582.73) feet to the Point of Beginning; Thence continuing along said south line on a bearingg of North Ninety degrees, Zero minutes, and Zero seconds West (N.90"00'00"W.), a distance of Five Hundred Twenty-seven and Forty-nine Hundredths (527.49) feet to a point on the east right-of-way line of Interstate Highway 135; Thence North Seven degrees, Fourteen minutes, and Twenty-five seconds East (N.07014'25"E.), along said Interstate Highway 135 right-of-way line, a distance of Three Hundred Seventy-nine and Sixty Hundredths (379.60) feet, to an existing right-of-way marker; Thence North Seventeen degrees, Fifty-one minutes, and Thirty-four seconds East (N. 17°51'34"E.), along said Interstate Highway 135 right- of-way line, a distance of One Thousand One Hundred Sixty-seven and Eighty Hundredths (1,167.80) feet, to an existing right-of-way marker; Thence North Thirty-five degrees, Forty-four minutes, and Twenty.four seconds East (N.35°44'24"EJ, along said Interstate Highway 135 right- of-way line, a distance of One Thousand One Hundred Nineteen and Forty-seven Hundredths (1,119.47) feet, to a point on the west right-of- way line of Highway 81; Thence South Zero degrees, Thirteen minutes, and Fifty-two seconds West (S.00° 13'52"W.), along the west right-of-way line of Highway 81, and parallel with the east line of said Southeast Quarter (SE 114) a distance of One Thousand Eight Hundred Seventy-two and Two Hundredths (1,872.02) feet; Thence South Ninety degrees, Zero minutes, and Zero seconds West (S.90000'00"W.) And parallel with the south line of said Southeast Quarter (SE'/4) a distance of Five Hundred Twenty-two and Seventy-two Hundredths (522.72) feet; Thence South Zero degrees, Thirteen minutes, and Fifty-two seconds West (S.00* 13'52'W.) and parallel with the east line of said Southeast Quarter (SEI/4) a distance of Five Hundred Twenty-four and Seventy-five Hundredths (524.75) feet, to the Point of Beginning. Said tract of land contains One Million Three Hundred Twenty-seven Thousand One Hundred Seventy-seven and Seventy-one Hundredths (1,327,177.71) square feet or Thirty and Forty-seven Hundredths (30.47) acres, more or less, and is to be platted and known as the Long -McArthur Addition to the City of Salina, Saline County, Kansas. shall become a part of DISTRICT 'PC -5", PLANNED SERVICE COMMERCIAL DISTRICT. Section . CONDITIONS OF APPROVAL. The use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the "C-5", SERVICE COMMERCIAL DISTRICT regulations, and the regulations of the "CO" CORRIDOR OVERLAY DISTRICT. Development of the property shall also be subject to the following conditions, to wit: 1. Uses on Lots 1 - 4 shall be limited to those permitted and any subsequently approved conditional uses listed in the CO district regulations and shall be subject to the bulk and use limitations of the CO and C-5 district. 2. Signage shall comply with the C-5 district size limitations and the CO district height limitations except that Sign "A" on Lot 3 shall be allowed to have a height of Thirty-six (36) feet. 3. The developer shall be responsible for construction of the new decel lane on Ninth Street shown on the preliminary plat and site development plan for Lot 3 and the main entrance drive shall not be located less than Seventy-five (75) feet from Berg Road. 4. Development of Lot 3, including building design, signage and landscaping, shall conform to the approved site development plan and landscaping plan. 5. A revised site development plan for Lot 3 containing all revisions and corrections requested by staff shall be submitted prior to final zoning approval. 6. A final plat shall be approved prior to final zoning approval for the site. 7. A building permit for Lot 3 shall be applied for within Eighteen (18) months of the approval date or the approved development plan shall become null and void and the zoning for the entire subdivision shall revert to its former classification. 8. A final site development Plan for Lots 1, 2, and 4 shall be approved by the Planning Commssion prior to issuance of any building permits. ,fin 3. That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed. 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: December 20, 1999 Passed: March 20, 2000 Alanlilka, V�z�trydr R. Weber, Acting City Clerk Summary published in The Salina Journal on June -1 , 2019 ORDINANCE NUMBER 19-10998 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA, KANSAS BY REZONING AND PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN THE CITY. IT ORDAINED by the Governing Body of the City of Salina, Kansas: Findings. In relation to the following described real estate: A tract of land situated in the East Half of the Southeast Quarter (E%, SE%:) of Section Two (2), Township Fifteen (15) South, Range Three (3) West of the 6th P.M., in Saline County, Kansas, which is more particularly described as follows: Commencing at the Northeast corner of said Quarter Section; thence on an assumed bearing of S89°47.41 "W, Sixty-two and Eighty-six Hundredths (62.86) feet along the North line of said Quarter Section to the West right-of-way line of Ninth Street and the point of beginning; First Course, thence continuing South 89°47.41 "W, Nine Hundred Nineteen and Ninety-four Hundredths (919.94) feet along said North line: Second Course, thence SO4°20'12"E. One Thousand Six Hundred Twenty-eight and Eighty Hundredths (1628.80) feet to the Southwest corner of Lot Three (3), Block One (1), Long -McArthur Addition, according to the recorded plat thereof, Third Course, thence N17°41'54"E, Four Hundred Eighty-seven and Eighteen Hundredths (487.18) feet (486.81 feet plat) along the West line of said Lot Three (3); Fourth Course, thence N35°29'43"E, One Thousand One Hundred Seventeen and Twelve Hundredths (1117.12) feet (1119.47 feet plat) along said West line of Lots Three (3) and Four (4) to the Northeast comer of said Lot Four (4). said point being on said West line of Ninth Street; Fifth Course, thence N00°00'22"E, Two Hundred Fifty-three and Eighty Hundredths (253.80) feet along said West line to the point of beginning. (now platted and known as Long -McArthur Addition No. 2 to the City of Salina, Saline County, Kansas) (the "Property") following findings support PC -5 zoning for the Property: All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met; 2. Section 42-418.3 of the Salina Code states that Planned Development District or Planned Commercial zoning is required whenever an owner of property located within the Corridor Overlay District applies for rezoning from a non-commercial zoning classification to a commercial zoning classification or from an existing commercial zoning classification to a different commercial zoning classification; 3. Because of the proximity to and visibility from South 9th Street and Interstate 135, this site is more suitable for service commercial development than continued agricultural use; 4. The subject site is adjacent to commercial development tracts on the north and south and w existing industrial zoning on the east and a change to PC -5 zoning with the overlay @ district restrictions would be compatible with the existing development pattern on the B west side of South 9th Street; 3 II s II 5. Public utilities have been extended to this site making it suitable for urban development; 3 6. This subject property is within the City's Primary Service Area and the requested zoning change would conform to the city's Comprehensive Plan and the South 9th Street Corridor Plan; and 7. The applicant has a specific development plan for a portion of the Property, following finding supports approval of the site development plan for the Property: 1. The site development plan submitted for the Property meets the sign standards set out in Sec. 42-512 of the Salina Code: Section 2. Amendment. DISTRICT "PC -5" PLANNED SERVICE COMMERCIAL DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of District "PC -5" Planned Service Commercial District. Section 3. Site Development Plan Approval. The site development plan for an electronic changeable copy advertising sign as presented is approved and incorporated as part of this ordinance (the "Site Development Plan"). A copy of Site Development Plan shall be filed in the office of the zoning administrator. Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to planned commercial districts and the regulations of the CO CORRIDOR OVERLAY DISTRICT under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the development plan approved by the city commission, incorporated as part of this ordinance, and on file with the zoning administrator and/or city clerk and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to an electronic changeable copy advertising sign. 2. Modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows: 1 11 a) None. Section 5. Additional Conditions. Development and use of the Property shall be subject to the following additional conditions: x a) Use of the Property shall be limited to the installation of one (1) electronic changeable cop), advertising sign in the location shown on the site development plan. w The sign shall comply with the size limitations of the C-5 (Service Commercial) district and the 30 ft. sign height limit in the CO (Corridor Overlay) district: it b) A separate sign permit must be applied for an issued prior to installation of an aelectronic changeable copy advertising sign on the Property; c) Installation of the electronic changeable copy advertising sign must substantially conform to the site development plan and sign elevations submitted to and approved by the City Commission; Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code Sec. 42-409.19; if construction based on a valid sign permit has not commenced within the deadline of eighteen (IS) months from the date of publication of this ordinance or as extended by the board of commissioners for a specified length of time not to exceed one (1) additional year, the Site Development Plan shall expire and be revoked and no sign permits shall be issued in relation to the Property unless and until a new site development plan has been approved by the board of commissioners. IISection 7. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance. Section S. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 19-10998 Summary On June 3, 2019, the City Commission passed Ordinance No. 19-10998. The ordinance changes the zoning district classification of property located on the west side of South Ninth Street north of Long -McArthur Ford to PC -5 Planned Service Commercial District to allow installation of an electronic changeable copy advertising sign (digital billboard) on the site. A complete copy of the Ordinance can be found at NvNvw.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: March 25.2019 Passed: June 3, 2019 Trent W. Davis. M.D., Mayor ' II [SEAL] ATTEST: e "- The pu tc n summary set forth above is certified this y'Aday of June, 2019 w IIGr A. Bengt n, City Attorney s I s 11 C� Fj BACKGROUND REPORT SALINA CITY PLANNING COMMISSION SOUTH NINTH STREET CORRIDOR OVERLAY In February, 1997 the Salina City Commission and Saline County Commission jointly commissioned a planning study for the future development of South Ninth Street south of Schilling Road. A nine -member steering committee consisting of city county and private interests was appointed to oversee the study. Professional consultants, assisted by City and County staff, gathered data, identified issues, prepared alternatives and presented findings and recommendations to the steering committee. The consultants and staff met with affected businesses and property owners during the study and three public meetings were held by the steering committee. On October 22, 1997 the final plan was presented to the steering committee. The committee voted unanimously to approve the corridor plan and to recommend that the City and County adopt the plan and proceed with implementation. The central recommendation is to allow a mixed-use development pattern on the west side of South 9th between 9th Street and 1-135. This would include service commercial uses, such as auto dealerships, business offices, research and development facilities and limited retail uses which generate light traffic such as motels and furniture stores. The overall objective was to realize the economic development potential of the corridor while enhancing the image of this major entryway into the city and protecting existing industries for large scale retail commercial encroachment. On December 3, 1997, the Salina City Planning Commission held a public hearing to consider adoption of the South Ninth Street Corridor Study as an amendment to the Salina Comprehensive Plan. Following comments and questions by Commissioners, the Planning Commission voted 8-0 to adopt the corridor study as an amendment to the Comprehensive Plan. The specific elements of this plan amendment were as follows: 1. Land Use Plan: a) The area between South Ninth Street and 1-135 extending from 1/4 mile south of Schilling Road to '/4 mile south of Water Well Road would be changed from Industrial to Service Commercial; b) The area between South Ninth and 1-135 extending from V4 south of Water Well Road to Farrelly Road would be changed from Industrial to Light Industrial / Business Park. 2. Service Area Map: The area between South Ninth Street and 1-135 extending from %2 mile south of Schilling Road to '/2 mile south of Water Well Road would be changed from Secondary Area "C" to Primary Service Area "B". The corridor study also recommended that the area between South Ninth Street and I-135 be annexed into the city and that a plan be prepared for designing and financing the extension of public utilities (water & sewer) to serve the annexed area. The Salina City Commission adopted these plan amendments by ordinance on January 5, 1998. Background Report Application #Z08-10 Page 2 On July 12, 1999, the Salina City Commission considered applications from four property owners requesting annexation of land they owned south of Schilling Road and west of Ninth Street. Long McArthur's 30.47 acre tract was included in that annexation request. A fifth parcel consisting of KDOT right-of-way for the abandoned on and off ramps between Ninth Street and 1-135 was also included in the request area. On July 19, 1999 the City Commission passed an ordinance annexing these five (5) parcels comprising 116.74 acres into the city. At that July 19 meeting the City Commission also approved petitions by these same four property owners requesting the creation of a benefit district to finance the extension of public utilities into this area. The scope of proposed public improvements included: (1) a 15 -inch sanitary sewer pipeline along the west side of S. Ninth Street from Schilling Road on the north to approximately 500 feet south of Water Well Road on the south; (2) a 12 - inch sanitary sewer pipeline along the north side of Water Well Road from S. Ninth Street on the west to the railroad tracks on the east and (3) a 12 -inch water pipeline along the east side of S. Ninth Street from Riffel Drive on the north to Berg Road on the south. By separate resolution at that same meeting the City Commission agreed to defer the assessments on these four properties for up to 15 years or until the property is platted and developed whichever occurs first. On August 23, 1999 the City Commission awarded a contract for these South Ninth Street utility improvements to Stevens Contractors, Inc. and installation of these utility lines is now complete. On September 7, 1999 the Planning Commission considered a proposed amendment to the Salina Zoning Ordinance to create a South Ninth Street Corridor Overlay District. This was another one of the recommendations contained in the South Ninth Street Corridor Study to guide future development in this corridor. The overlay district was intended to supplement the standards of the applicable underlying zoning (C-5, C-7, 1-1, 1-2, etc.) requested by landowners in the corridor by filtering out big box retail and other high traffic generating uses and by establishing a uniform set of development standards. There are a total of six (6) permitted uses and fifteen (15) conditional uses allowed in the overlay district and the district also contains provisions relating to landscaping, signage, outdoor storage and the architectural appearance of buildings. The Planning Commission voted 8-1 to recommend approval of this proposed overlay district and the City Commission approved the overlay district on October 11, 1999. The city's portion of the corridor overlay covers only the west side of Ninth Street and extends from the south line of the Riffel Addition on the north to Y< mile south of Water Well Road on the south. The Service Commercial portion of the city overlay district was extended Background Report Application #Z08-10 Page 3 south to include the Sleep Inn motel site in 2005. The county's portion of the Service Commercial (SC) overlay extends 300 ft. east of Ninth Street north of Water Well Road. Attachment South 9th Street Corridor Overlay District Sec. 42-418. - South Ninth Street Corridor Overlay District. The South Ninth Street Corridor Overlay (CO) District is designed to achieve a high- quality, planned mixed-use development pattern along South Ninth Street. Predominant uses shall consist of low to moderate intensity service commercial businesses. Secondary uses may consist of ancillary support facilities and limited retail activities. Businesses within the district shall not create incompatible land use relationships, heavy traffic loads or other adverse impacts to surrounding areas. The district is intended to be applied to areas designated by the South Ninth Street Corridor Study. All uses and activities shall be subject to the regulations of the underlying zoning district unless otherwise specified herein. (Ord. No. 99-9949, § 1, 10-11-99) Sec. 42-418.1. - Permitted uses. Permitted uses in the CO district shall be as follows: (1) Automobile sales and service. (2) Automobile service and accessory stores. (3) Boat and RV sales and service. (4) Furniture showrooms. (5) Research and development facilities. (6) Truck sales and service. (Ord. No. 99-9949, § 1, 10-11-99) Sec. 42-418.2. - Conditional uses. The following uses may be permitted in the CO district if reviewed and approved in accordance with the provisions of section 42-597.2 of this chapter and following an evaluation of the projected amount of traffic to be generated by the proposed use, square footage of proposed buildings, and compatibility of proposed use with nearby land uses: (1) Agricultural implement sales and service. (2) Building supply stores. (3) Business and professional offices. (4) Business schools. (5) Convenience gasoline and food stores. (6) Department and discount stores. (7) Duplicating and mailing services. (8) Express package facilities. (9) Farm and ranch supply stores. (10) Food stores and delicatessens. (11) Garden centers and nurseries. (12) Gasoline service stations with car wash. (13) Group day care centers. (14) Hotels and motels. (15) Mini warehouses (16) Physical fitness centers. (17) Public utilities. (18) Restaurants. (19) Short term recreational vehicle parking areas accessory to a hotel, motel, truck stop or travel plaza. (20) Travel agencies. (21) Truck stops and travel plazas. (22) Warehouses and wholesale houses. (Ord. No. 99-9949, § 1, 10-11-99; Ord. No. 09-10528, § 1, 12-14-09) Sec. 42-418.3. - Property development regulations. Each site shall be subject to the following property development regulations: (1) Planned development zoning. All applications for rezoning shall be for planned development district (PDD) or planned commercial (PC) zoning. (2) Minimum lot size. All uses must be located on a parcel having a minimum lot size of one (1) acre. (3) Paved areas. All access drives, parking areas and sidewalks shall be paved with asphalt or concrete. (4) Landscaping. All sites shall be landscaped in accordance with the provisions of section 42-65 of this chapter. (5) Signage. No signs shall exceed thirty (30) feet in height. No mobile or ground anchored banner signs shall be permitted. No offsite advertising signs shall be permitted on a site more than one hundred (100) feet east of 1-135. (6) Driveways. Access drives must be located a minimum of one hundred (100) feet from public streets, fifty (50) feet from other access drives, and twenty-five (25) feet from interior property lines unless shared access is provided. (7) Outdoor storage. All materials, supplies, and equipment (not displayed for sale) shall be stored in an enclosed building or located in the side or rear yard and screened from visibility from adjacent streets. (8) Exterior lighting. Exterior lighting fixtures shall be aimed or shaded so that no direct light is cast towards any street traffic. (9) Architectural design. All development shall demonstrate a high quality visual appearance from the street. The architectural design of buildings, site improvements and landscaping shall appear integrated and coordinated. The main entrances to primary buildings shall face Ninth Street or Water Well Road. All primary buildings shall have an attractive exterior finish and no precast concrete or metal panels shall face Ninth Street or Water Well Road unless the overall design presents a compatible appearance. (Ord. No. 99-9949, § 1, 10-11-99) Sec. 42-418.4. - Effective area. The provisions of the CO district shall apply to that area bounded by a line one- quarter ('/G) mile south of the centerline of Schilling Road on the north, Ninth Street on the east, a line three-eighths ( 3/8 ) mile south of the centerline of Water Well Road on the south, and Interstate 135 on the west. (Ord. No. 99-9949, § 1, 10-11-99; Ord. No. 05-10303, § 1, 8-22-05) atyw S 9th St Corridor Amended Land Use Plan 0 Retail ® Commercial service commercial Light Industial / Business Park - Industrial ATTACHMENT NO. 7 Site Development Plans in Planned Commercial Districts A site development plan must meet all of the following required development standards: (1) All proposed uses must be either a permitted use or an allowed conditional use as described in Sec. 42-409.6; (2) The proposed site development plan must conform with the bulk regulations and use limitations of the underlying district or as varied or modified by the ordinance approving the planned commercial district; (3) The proposed location and arrangement of buildings, trash disposal areas, drive up windows, off-street parking, loading areas, access drives, lighting, signage, landscaping and screening, and site drainage must be compatible with adjacent land uses; (4) Vehicular ingress to and egress from the site and vehicular circulation within the site must provide for safe, efficient, and convenient movement of traffic, both within the site and on adjacent roadways; (5) The proposed site development plan must provide for the safe movement of pedestrians within the site and along adjacent roadways; (6) The proposed landscaping component of the site development plan must incorporate xeriscaping and water conservation principles and a sufficient mixture of grass, trees, and shrubs within the front yard and buffer yard areas of the site such that the proposed development will be in harmony with surrounding development and will provide a pleasing appearance to the public. Any area within the site not used for buildings, structures, parking, loading or access ways, or other permissible accessory uses must be landscaped with a mixture of grass, trees, and shrubs from the City's recommended xeriscape plant list; (7) All outdoor trash disposal areas must be screened; and (8) Outdoor storage areas must be screened where applicable. A site development plan that includes property located within a community center or neighborhood center identified in the comprehensive plan shall be evaluated based upon design guidelines, including whether: (1)The scale and style of development are compatible with the surrounding development; (2) Amenities such as public focal points/spaces are included; (3) Streetscape and site design are pedestrian oriented both among uses and between uses and surrounding development; (4) Pedestrian accessibility and circulation between all sites are incorporated; (5) Space for multiple tenants and uses in nonresidential buildings is provided; (6) Quality design and materials are used for all development to encourage long- term commitment to a location; (7) The development has a comprehensive urban design scheme; and (8) Transitions/buffers between centers and less intense adjacent uses and neighborhoods minimize the impacts of noise, light, traffic, operations, and intensity of the center. Acceptable buffering can include fencing (stone, wood, or masonry), solid plantings, berming, or other methods that complement the character of the development. The body responsible for review and approval of a site development plan (the planning commission, unless approval authority has been reserved by the board of commissioners) may either deny approval of a site development plan for not conforming with the design standards outlined above or precondition approval of a site development plan upon modification of the proposed site development plan to conform with the design standards. Attachment Proposed Quick Lane Service Center Development Plan (Site Plan, Landscape Plan, Floor Plan and Building Elevation Drawings) we...s,.�m.«Ye.« wcozzen. nw.n SVSNVN 'VNIItlS o s v� z NOLLIO4V i1f iuyow 5NOI s,a�s�sxo s'xwcia u�ew+v' L 2131N3J 3J1/�213S 3Nb'7>I�If127 �V tin F56 1 8 Wzib I agog SHP Qnzc€ aoig fWC4„5 i,;, %. g1s<y 4 `a �.6l :id Nzz g LL, . f o I I ti •• I� a _j. 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CALL TO ORDER / KOMA CONFIRMATION / ROLL CALL (1.1) Chair Hay called the meeting to order at 4:00 p.m. (1.2) Chair requests staff confirmation that Kansas Open Meeting Act required notice has been properly provided. Ms. Clem confirmed that the packet was posted and the required notice of the meeting was provided. (1.3) Roll Call Commissioners Present: Joe Hay (Chair), Chad Farber, Joshua Gilmore, James Jones Jr., Karla Waters Commissioners Absent John Olson (Vice Chair), Derik Bernhardt, Patrick Mikesell City Staff Present: Dean Andrew, Zoning Administrator; Margy Clem, Development Coordinator; Dustin Herrs, Assistant Planner (Meeting Moderator); 2. APPROVAL OF MINUTES (2.1) Approval of the Minutes of the April 5, 2022 regular meeting. A motion was made to approve the minutes of the April 5, 2022 regular meeting by Commissioner Waters, seconded by Commissioner Farber and carried by vote. Page 1 of 7 3. NEW BUSINESS Public Hearing Items • Quasi -Judicial Matters (3.1) Application #Z19 -2A, filed by Derek Lee on behalf of McArthur Enterprises, Ltd., requesting approval of an amended PC -5 (Planned Service Commercial) district on a 44 acre tract of land located on the west side of South 9th Street north of Water Well Road. The subject property is legally described as Lots 1-4, Block 1 of the Long -McArthur Addition and Lot 1, Block 1 of Long -McArthur Addition No. 2 to the City of Salina, Saline County, Kansas. This property is located in the 3300 and 3400 blocks of South 9th Street and is part of the South 9th Street Corridor Overlay District. [Continued from the April 5, 2022 meeting to allow revisions to be made to the Quick Lane site plan.] Mr. Herrs presented the staff report with visual graphics which are contained in today's meeting packet. Chair Hay asked the Commission if there were any questions for staff. Commissioner Waters asked what the difference was between Option 1 and Option 2 on the alternatives before the Commission provided by staff. Mr. Herrs stated that it did not get typed correctly in the staff report but that Option 1 is the approval of the application as requested by the applicant while Option 2 is the approval of the application including the conditions that staff recommended that are listed on page 17 of the staff report and any additional conditions the Commission finds are appropriate in this case. Chair Hay asked why the property was not zoned PC -5 in the past when they brought in the request for the sign when they could have thought about the remainder of the property. Mr. Herrs stated that at the time when the sign was requested, rezoning the property to the full allowable list of uses of the PC -5 district would have required a different level of platting and a different level of planning how the entire property would be developed. He stated that in 2019 there were no conceived idea of how the site would be used other than the sign. He stated that the simplest way to rezone the property from AG to PC -5 for the sign was to do a simple plat and recognize that the entire site was not ready to be platted at that time. He added that a condition of the approval was the requirement that the site would be to be replatted at a future date when further development of the site was to occur. Mr. Andrew added that the applicant in 2019 was not Long McArthur Enterprises (the parcel owner) but Blue Beacon who wanted to put up the sign. He stated that Blue Beacon did not wish to fully develop the site and address street access, needed easements or sewer/water utility lines just for a sign. Chair Hay invited the applicant to address the Commission. PLANNING COMMISSION I MINUTES April 19, 2022 Page 2 of 7 Derek Lee, representative of Long McArthur -Ford, 3450 S. gth Street, stated that he had nothing to add but was available for questions if the Commissioners had any for him. Chair Hay asked if there were questions of the applicant. There were none. Chair Hay asked if there were comments or questions from members of the public in attendance or via Zoom. There were no members of the public in Room 107. Mr. Herrs confirmed there were no members of the public that wished to speak via Zoom. Chair Hay closed the public hearing and brought this item back to the Commission for discussion and action. — , MOTION: Commissioner Jones made a motion to recommend approval of Application #Z19 -2A with staff's recommended conditions on page 17 of the staff report SECOND: Commissioner Waters VOTE: Motion carried 5-0 Mr. Herrs stated that the Commission has taken care of the first action item for this application and now needs to make a motion on the final development plan for the Quick Lane development. He reviewed the alternatives for the Commission relating to the final development plan that can be found in today's agenda packet on page 18 of the staff report. Chair Hay asked if the applicant had any issues with staff's recommended conditions Mr. Lee answered that they had reviewed the conditions and had no issues with what staff is recommending. Commissioner Gilmore asked if the north building frontage should be used for the front yard landscaping area calculation if the applicant is requesting to use that frontage amount in the allowable signage calculation. Mr. Herrs stated that the building frontage is used for the sign area allocation but staff did not quantify it as a front yard because this site is unique with its access roads. He noted that staff recommended the developer move the access road further to the west away from gth Street to ensure there were adequate stacking spaces when exiting out of the development and onto gth Street. He stated that the plans show two landscape areas that are approximately 4,600 sq. ft. which is much more than what is required. Mr. Andrew stated that although staff does not have the calculations, this is a judgment call for the Commission if they want to require the building frontage along the east -west access road to count for the amount of required front yard landscaping. He added that staff thinks the architect's plan meets the spirit and intent of the landscape regulations. Commissioner Farber stated that the staff report indicates we are waiting on plans for the median break but sees there is one further along in the packet. He asked if staff is agreeable with what is proposed. PLANNING COMMISSION I MINUTES April 19, 2022 Page 3 of 7 Mr. Herrs stated that will be further discussed during the preliminary/final plat application but gave an overview of the median break. He stated the median break will match up with the east -west access road that is on the north edge of the Quick Lane development. Mr. Andrew stated there is a design that has been approved for Phase V of the South Ninth Street improvements. He stated that when those are implemented, it will convert S. 9th Street to look more like the area to the north. He added that this proposed median break will be an interim measure until those designed improvements are made by the City. —� MOTION: Commissioner Farber made a motion to recommend approval of the final development plan for the Quick Lane Auto Center on Lot 6 with the ten (10) conditions on pages 19-20 of the staff report SECOND: Commissioner Gilmore VOTE: Motion carried 5-0 (3.2) Application #P22 -2/2A, filed by Derek Lee on behalf of McArthur Enterprises, Ltd., requesting approval of a combined replat of the Long -McArthur Addition and Long - McArthur Addition No. 2. The replat area is a 44.16 acre tract of land located on the west side of South 9th Street north of Water Well Road. (To be platted and known as Long -McArthur Addition No. 3). [Continued from the April 5, 2022 meeting to allow revisions to be made to the plat.] Mr. Andrew presented the staff report with visual graphics which are contained in today's meeting packet. Chair Hay asked the Commission if there were any questions for staff. Commissioner Gilmore asked who was in charge of paying for the maintenance of the access road. Mr. Andrew stated that the maintenance of the access road will be the responsibility of the individual owners of the property. He stated that there are some similar situations around the City and gave the example of the access road that extends west of Belmont Blvd. to the Candlewood Suites and Goodwill. He stated that if there was a pothole in the access road, the individual property owners would have to pay for the maintenance cost. Chair Hay asked where the median break is compared to Berg Road. Mr. Andrew stated that the proposed median break does not line up with anything directly on the east side of South Ninth Street and will strictly be for the development on the west side of the street. PLANNING COMMISSION I MINUTES April 19, 2022 Page 4 of 7 Summary published in The Salina Journal on May 2022. Posted on the City of Salina website from May to May 2022. ORDINANCE NUMBER 22-11112 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA, KANSAS BY REZONING AND PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN THE CITY. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Findings. In relation to the following described real estate: Lots One (1) through Seven (7), Block One (1) of Long McArthur Addition No. 3 to the City of Salina, Saline County, Kansas (the "Property") the Governing Body makes the following findings: 1. All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met; 2. Section 42-418.3 (i) of the Salina Code states that a Planned Commercial zoning is required on all applications for rezoning within South Ninth Street Corridor Overlay District; and 3. The requested amended PC -5 zoning would be compatible with the zoning and uses of nearby property and consistent with the existing development pattern on the west side of this South 9th Street north of Water Well Road; 4. The Long McArthur dealership and the Marshall Motor Company dealership properties are currently zoned PC -5, approving the requested amended PC -5 district would create one (1) unified zoning district that allows the full list of permitted uses within the South Ninth Street Corridor Overlay District for the entirety of the Long McArthur No. 3 Addition; 5. Needed public utilities and streets are in place to serve the proposed redevelopment site and the site has full access from and to South 9th Street via a shared east -west access road that connects directly to South 9th Street; 6. The requested zoning change conforms with the City's Comprehensive Plan for this area which shows this as being in the commercial retail portion of the South 9' Street Corridor Overlay District. 7. The applicant has a specific development plan for a portion of the Property. The following finding supports approval of the site development plan for Lot 6, Block 1: 1. The site development plan submitted for Quick Lane Service Center meets the development standards set out in Sec. 42-409.14 and Sec. 42-418.3 of the Salina Code. Section 2. Amendment. DISTRICT "PC -5" PLANNED SERVICE COMMERCIAL DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT "PC -5" Planned Service Commercial District, subject to the conditions of approval set forth in section 3 of this ordinance. Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the "CO" CORRIDOR OVERLAY DISTRICT under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the site development plan(s) approved by the planning commission ("Site Development Plan(s)") and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to those permitted uses listed in the CO district regulations. The Property shall be subject to the bulk and use limitations of the CO and C-5 districts, except as enumerated in sub -point 2 below. 2. Modifications. Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulations are modified as follows: None. 3. Site Development Plan conditions. Development of the Property shall be subject to any conditions imposed as a result of planning commission review and approval of the Site Development Plan(s) for the Property in the district; and 4. Building permits. No building permits shall be issued for any tracts within the Property in the district until the Site Development Plan applicable to the tract has been approved by the planning commission. 5. Signage. Signage shall comply with the C-5 district size limitations and the CO district height limitations, except that interstate oriented signs may be up to 50 ft. in height. Section 4. Site Development Plan Approval. The site development plan for a Quick Lane Service Center as presented and incorporated as part of this ordinance (the "Site Development Plan") is approved, subject to the additional conditions set forth in section 5 of this ordinance. A copy of the Site Development Plan shall be filed in the office of the zoning administrator. Section 5. Additional conditions. Development and use of the Quick Lane Service Center site shall be subject to the following additional conditions: 1. On site signage on Lot 6 shall be limited to one (1) ground sign with a maximum permitted sign area of 130 square feet and a maximum sign height of 20 feet. Facade or wall signs shall be subject to the C-5 sign regulations. 2. The applicant shall submit a Landscape Planting Plan clarifying the location, types and varieties of plantings being proposed. The Landscape Planting Plan shall have at least 8 tree units located in the front yard setback areas directly West of South 9th Street and directly west of the north -south frontage road. Landscaping on the west 205 ft. of Lot 6, Block I may be deferred until it is developed. 3. A KDHE storm water permit (Notice of Intent) shall be required for this project. A copy of KDHE's approval letter must be provided to the city engineer and a local land disturbance permit must be applied for and issued prior to commencing any earthwork on the site. 4. A site drainage plan must be reviewed and approved by City of Salina engineering staff, confirming that the majority of the site drainage is directed to the detention pond located west of this property on Lot 5, Block 1 prior to issuance of a building permit. 5. Design plans for the public water and sewer line extensions must be prepared by a Kansas licensed professional engineer and submitted for review to the utilities director and city engineer. Upon approval by the utilities director and city engineer, the final plans shall be submitted to the Kansas Department of Health and Environment (KDHE) for review and approval. Installation of the public water and sewer shall not commence prior to approval by KDHE. 6. An operational water system shall be in place prior to vertical construction of the building. All public water with fire hydrants and sewer lines shall be installed in a dedicated 20 ft. wide utility easement. Public water and sewer infrastructure shall be constructed per City of Salina standards and specifications. 7. An all-weather surface capable of supporting at least 75,000 pounds must be constructed to provide access to Lot 6 prior to construction commencing on the proposed Quick Lane Service Center. 8. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved site development plan shall be completed prior to occupancy of the building and shall be the responsibility of the applicant. The project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference. 10. A building permit for this project shall be obtained within 18 months of site plan approval Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code Sec. 42-409.19, if construction based on a valid building permit has not been commenced within the deadline of eighteen (18) months from the date of publication of this ordinance or as extended by the board of commissioners for a specified length of time not to exceed one (1) additional year, the Site Development Plan shall expire and be revoked and no building permits shall be issued in relation to the Quick Lane Service Center site unless and until a new site development plan has been approved by the board of commissioners. Section 7. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance. Section 8. Effective date; publication summary. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 22-11112 Summary On May 16, 2022, the City Commission passed Ordinance No. 22-11112. The ordinance changes the zoning district classification of property located on the west side of South 9`h Street north of Water Well Road to PC -5 Planned Service Commercial District to allow commercial development of the site and approves a site development plan for a Quick Lane Service Center on a portion of the property, subject to certain conditions and approval of deferred Site Development Plan(s) for the remainder of the property. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: May 9, 2022 Passed: May 16, 2022 Trent W. Davis, M.D., Mayor [SEAL] ATTEST: JoVonna A. Rutherford, City Clerk The publication summary set forth above is certified this day of May, 2022. Greg A. Bengtson, City Attorney