7.1 Ordinance No. 22-11117 Rezone Magnolia and HighlandCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
Community and Development Services BY:
ITEM Planning Division, FINAL APPR VAL:
NO:
Page I BY: Dean Andrew BY:
ITEM: Ordinance No. 22-11117
Application #Z22-6, filed by Amy D. Schreiner, on behalf of the Beverly S. Olson Trust, requesting a
change in zoning district classification from R (Single -Family Residential) to C-3 (Shopping Center)
district on property located at the southwest corner of Magnolia Road and Highland Avenue. The
property that is the subject of this application is legally described as the North 170 ft. of Lot 1, less the
West 111 ft., in Block 1 of the Key Acres Addition to the City of Salina, Saline County, Kansas and
addressed as No. 7 West Magnolia Road.
[Under Kansas law, pending Application #Z22-6, requesting the rezoning of a lot
located at the southwest corner of Highland Avenue and Magnolia 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 or participate in
what is referred to as "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:
The property that is the subject of this rezoning request is part of the Key Acres Addition which was
platted in 1960. Prior to platting, a Howard Johnson Motel and a restaurant (Swedish Diner) were
constructed at the southeast corner of South 9th Street and Magnolia Road in 1956 on what is today
Lot 9, Block 1. In 2009, the existing commercial building at 2401 S. 9th Street was torn down and
replaced by a new Verizon store. The Verizon store relocated and was replaced by a Riddle's Jewelry
store in 2021. The former Howard Johnson motel at 2403 S. 9th Street was acquired and demolished
in 2017 and replaced by an Aldi's grocery store.
On the east side of this block, Dr. Charles Olson purchased the southwest corner of Highland Avenue
and Magnolia Road prior to the property being platted and became the owner of Lots 1 - 4, Block 1. In
1963, Dr. Olson constructed an animal hospital (veterinary clinic) at #5 W. Magnolia Road on the West
111 ft. of Lot 1. In 1969, he constructed his residence on adjacent property at 2420 Highland Avenue.
In 1976, Dr. Olson sold a '/2 interest in the veterinary clinic to Dr. Thomas Cure and in 1994, the
remaining'/2 interest to Dr. Kurt Fredrickson. The Olson Family retained ownership of the property east
of the veterinary clinic along Magnolia Road. A single-family dwelling east of the veterinary clinic
addressed as #7 W. Magnolia Road was demolished in 2010 and the property has remained vacant
since that time.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY.
ITEM Planning Division FINAL APPROVAL:
NO:
Page 2 BY: Dean Andrew BY:
Advantage Trust is the administrator of the Beverly S. Olson Trust. Advantage Trust is preparing to list
the vacant lot fronting on Magnolia Road for sale. Looking at its arterial street frontage and proximity
to commercial properties to the west and north, they believe that C-3 (Shopping Center) is a more
suitable zoning designation than the current R (Single -Family Residential) zoning. Advantage Trust
has filed this application to rezone this lot to C-3 so it can be used for commercial purposes. The
applicant is proposing to extend the commercial / residential zoning boundary on Magnolia Road an
additional 100 ft. to the east to Highland Avenue.
The role of the City Commission in this case is to review the applicant's zoning request and determine
whether the proposed C-3 district land uses and the application of C-3 development standards to this
lot would be compatible with the zoning and uses of nearby property.
Intent and Purpose of the C-3 Shopping Center District
The C-3 district is designed to provide a district of no less than one (1) acre for a relatively broad range
of retail shopping facilities which primarily consist of specialty shops and stores.
Zoning Ordinance Requirements
If a zoning change from R to C-3 is approved for the subject property, the following development
limitations would apply:
Uses: Any permitted use allowed in the C-3 district, plus any conditional
uses approved by the Planning Commission. This would include retail
stores, offices, convenience stores, etc. in addition to nail salons and
customer parking.
2. Minimum lot area: No minimum but must be at least one (1) acre in size, unless
contiguous to or within two (200) hundred feet of a similar district.
Proposed lot area: 17,000 sq. ft. / Contiguous to C-3 zoned areas to the north and west
3. Minimum lot width: No minimum (150 ft. proposed)
4. Minimum lot depth: No minimum (125 ft. proposed)
5. Minimum Setbacks: Front yard — 25 ft. from the front property line or 55 ft. from the center
line of the adjacent street, whichever is greater.
Side yard — none required, 15 ft. if it abuts a residential district.
Rear yard — none required, 15 ft. if it abuts a residential district
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
BY:
Community and Development Services
Planning Division
ITEM
FINAL APPROVAL:
NO:
Page 3
BY: Dean Andrew
BY:
6. Maximum lot coverage: 40%
7
a
Maximum structure height: 35 ft.
Off-street parking:
Retail - One (1) space for each 250 sq. ft. of retail spaces.
Office - One (1) space for each 300 sq. ft. of office area
All parking spaces, driveways and maneuvering areas must be paved
in accordance with Section 42-552(e)2. of the Zoning Ordinance.
Landscaping: Front yard landscaping must be provided based on the street
frontage and depth of the lot. A 15 ft. landscape buffer and some form
of solid screening (of not less than 6 ft. in height) are required where
commercial development abuts residential uses. A landscape
planting plan must be designed in accordance with the provisions of
Sec. 42-65 (the Landscaping Regulations).
This lot abuts residential zoning and uses on the south. Therefore, a
landscape buffer must be set aside at the south edge of the lot.
There are separate buffering provisions for parking lot landscaping.
10. Signage: Pole, ground and/or wall signs allowed.
Maximum sign area — four (4) square feet of sign area for each lineal
foot of building frontage.
Maximum height — 30 ft.
Required setback — None
Signs Prohibited — Advertising signs
Use Limitations: (1) All business establishments shall be retail or service establishments
dealing directly with the consumer. All goods produced on the
premises shall be sold at retail on the premises where produced.
CITY OF SALINA
(3) Sight obscuring screening of not less than six (6) feet in height shall
be provided along all lot lines that abut a residential district; however,
if the property actually utilized for permitted or conditional
nonresidential purposes (including accessory parking areas) lies one
hundred (100) feet or more from an abutting residential lot line, no
screening is required along that lot line.
Suitability of Site for Development Under Existing Zoning
This factor deals with the suitability of this corner lot for development under the existing zoning
limitations and whether the current R zoning inhibits development or redevelopment of the property.
The trustees of the Olson Trust believe that the lot directly to the east of the veterinary clinic is a suitable
location for commercial use or expanded customer parking and that it is more suitable for commercial
than continued residential use. The trustee believes the existing R zoning inhibits the ability of the trust
to successfully market and sell the property.
Staff would agree that it is unlikely that this lot would be viewed as a desirable location for a new single-
family home due to the traffic volumes on Magnolia Road and how close the street is to the south
property line (2 '% ft.). From a land use standpoint it is suitable for some form of commercial use but
from an access management it is not due to its proximity to the Highland Avenue / Central Mall entrance
and Magnolia Road intersection. The previous dwelling on this lot was accessed from the Olson's
driveway on Highland. Staff believes that any commercial use of this property should utilize the existing
vet clinic driveway opening as a shared access point.
Character of the Neighborhood
This factor deals with whether the requested C-3 zoning would be compatible with the zoning uses of
nearby property.
The subject property is located at the eastern edge of a strip of commercial development along the
west side of South 9th Street and the south side of Magnolia Road. This lot is bounded by C-3 and C-
5 zoned property on the west (veterinary clinic, Riddle' Jewelry, Aldi's grocery store) and there is C-5
(convenience store) and PDD C-3 (Central Mall) across the street to the north. South of the subject
property, Highland Avenue is solidly residential down to Belmont Boulevard. The Christ the King
Lutheran Church serves as a buffer or transition use between commercial to the west and the
residential housing to the east.
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
Community and Development Services
Planning Division
BY:
ITEM
FINAL APPROVAL:
NO:
Page 4
BY: Dean Andrew
BY:
(2) Exterior lighting fixtures shall be shaded so that no direct light is cast
upon any property located in a residential district and so that no glare
is visible to any traffic on any public street.
(3) Sight obscuring screening of not less than six (6) feet in height shall
be provided along all lot lines that abut a residential district; however,
if the property actually utilized for permitted or conditional
nonresidential purposes (including accessory parking areas) lies one
hundred (100) feet or more from an abutting residential lot line, no
screening is required along that lot line.
Suitability of Site for Development Under Existing Zoning
This factor deals with the suitability of this corner lot for development under the existing zoning
limitations and whether the current R zoning inhibits development or redevelopment of the property.
The trustees of the Olson Trust believe that the lot directly to the east of the veterinary clinic is a suitable
location for commercial use or expanded customer parking and that it is more suitable for commercial
than continued residential use. The trustee believes the existing R zoning inhibits the ability of the trust
to successfully market and sell the property.
Staff would agree that it is unlikely that this lot would be viewed as a desirable location for a new single-
family home due to the traffic volumes on Magnolia Road and how close the street is to the south
property line (2 '% ft.). From a land use standpoint it is suitable for some form of commercial use but
from an access management it is not due to its proximity to the Highland Avenue / Central Mall entrance
and Magnolia Road intersection. The previous dwelling on this lot was accessed from the Olson's
driveway on Highland. Staff believes that any commercial use of this property should utilize the existing
vet clinic driveway opening as a shared access point.
Character of the Neighborhood
This factor deals with whether the requested C-3 zoning would be compatible with the zoning uses of
nearby property.
The subject property is located at the eastern edge of a strip of commercial development along the
west side of South 9th Street and the south side of Magnolia Road. This lot is bounded by C-3 and C-
5 zoned property on the west (veterinary clinic, Riddle' Jewelry, Aldi's grocery store) and there is C-5
(convenience store) and PDD C-3 (Central Mall) across the street to the north. South of the subject
property, Highland Avenue is solidly residential down to Belmont Boulevard. The Christ the King
Lutheran Church serves as a buffer or transition use between commercial to the west and the
residential housing to the east.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY.
ITEM Planning Division FINAL APPROVAL:
NO:
Page 5 BY: Dean Andrew BY:
If the City Commission takes favorable action on this request it will be extending or expanding an
existing C-3 zoned area an additional 100 ft. to the east, making Highland Avenue the boundary
between commercial and residential zoning. The question for the City Commission is whether the
nature of the zoning the applicant is requesting is compatible with the development in the surrounding
area and whether it would have any negative impacts on adjacent residential properties.
Public Utilities and Services
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. Construction of additional
customer parking will not have an impact on the utilities or create a need for additional public services.
Construction of a new commercial building could create the need for additional services.
Water, sanitary sewer, electricity and natural gas service are in place to serve this property. As to storm
drainage, there are 15 inch storm sewer inlets at the Highland -Magnolia intersection that collect and
convey storm water runoff to the Magnolia Road Ditch on the north side of Magnolia. This ditch collects
runoff from a large area and carries it west under 1-135 to Dry Creek.
Streets and Traffic
Magnolia Road is a major arterial street carrying over 13,000 vehicle trips per day in this location.
Highland Avenue is classified as a residential street. It provides a connection between West Magnolia
and Belmont Boulevard. Highland Avenue is a platted public street with 60 ft. of right-of-way and 33 ft.
of paving in this location. Staff does not believe this is a suitable location for a new curb cut on Magnolia
Road and shared access with the vet clinic should be encouraged or required. In the alternative, a
driveway on Highland would be preferable to a new driveway on Magnolia.
Conformance with the 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.
Because the property at #7 W. Magnolia Road was an extension of the Olson residence at 2420
Highland Avenue it was shown as Suburban Residential on the 2010 Future Land Use map like the
remainder of the Olson property. This was a reflection of its existing ownership and use more so than
its future use. However, it is adjacent to an existing commercial land use area.
The Commercial land use category provides for the development of general retail and service uses
that serve neighborhoods, the community and the region. The plan indicates that suburban style and
large commercial businesses will continue to locate along South 9th Street at Maqnolia Road and
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY.
ITEM Planning Division FINAL APPROVAL:
NO:
Page 6 BY: Dean Andrew BY:
Schilling Road. This property could be viewed as an extension of the South 9th Street and Magnolia
Road commercial corridor.
Primary uses allowed under the Commercial category are:
• Retail / Service
• Office
• Civic and Institutional
Potential zoning districts are:
• C-3, C-5, C-6, C-7, PDD (With Recommended Revisions)
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 note adversely impact surrounding residential areas and adjacent
uses.
• Commercially -generated traffic should not feed directly onto local residential streets.
• Commercial uses should be located on key corridors (South Ninth Street) or within mixed-use
centers as identified by the plan.
Staff Comments/ Analysis
Staff would note that South gth Street has historically had a commercial development pattern. The lot
at Magnolia and Highland is located in a transition area between solidly commercial uses to the west
and solidly residential areas to the south and east. The existing commercial zoning extends 420 ft. west
of South gth Street on the south side of Magnolia Road. It is a judgement decision for the City
Commission as to whether the commercial/residential zoning boundary should be pushed 100 ft. east
to Highland Avenue.
FISCAL NOTE:
There will be no fiscal impact on the City as a result of this zoning action.
Planning Commission Recommendation
The Planning Commission conducted a public hearing on this application on May 17, 2022. No
neighboring property owners appeared or spoke at the hearing. Following presentation of the staff
report, comments from Amy Schreiner, representing Advantage Trust, and comments and questions
from Commission members, the Planning Commission voted 7-0 to recommend approval of a change
in zoning district classification from R (Single -Family Residential) to C-3 (Shopping Center), as
AGENDA SECTION
NO:
ITEM
NO:
Page 7
proposed in Appi
following findings:
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
ORIGINATING DEPARTMENT: I FISCAL APPROVAL:
Community and Development Services BY:
Planning Division FINAL APPROVAL:
BY: Dean Andrew j BY:
n #Z22-6. The Planning Commission's recommendation was based on the
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. The Property is more suitable for commercial use than residential use due to its arterial street
frontage and its proximity to the adjacent veterinary clinic and the convenience store across the
street. The current R zoning inhibits the ability of the current owner to market and redevelop the
Property.
3. The rezoning request area is adjacent to existing C-3 zoned property on the west and C-5 and
PDD C-3 on the north so the requested C-3 zoning would be compatible with the zoning and
uses of nearby property. Approval of C-3 zoning would be a logical extension of the existing C-3
zoning along this portion of the West Magnolia Road.
4. Needed public utilities and streets are already in place to serve the needs of the rezoning request
area.
5. The Property is located in a transition area between Commercial and Suburban Residential land
uses areas and Highland Avenue is a more suitable commercial/residential land use boundary
than the current boundary on Magnolia Road.
COMMISSION ACTION:
Staff has identified the following options for the Commission's consideration:
1. The Commission could concur with the recommendation of the Planning Commission and
approve Ordinance No. 22-11117 changing the zoning classification of this property from R
(Single -Family Residential) to C-3 (Shopping Center) district on first reading. [This would require
three affirmative votes.]
2. The City Commission could refer this application back to the Planning Commission for
reconsideration stating the reasons for its disagreement with the Planning Commission's
recommendation. [This option would require three affirmative votes.]
3. The City Commission could direct the applicant to resubmit this application as a Planned
Commercial District which would require the applicant to submit a site plan for the Commission's
review and give the Commission the opportunity to approve a more restrictive list of permitted
uses than what the C-3 (Shopping Center) district would allow. This would result in this item
going back to the Planning Commission. [This option would require four affirmative votes.]
4. The City Commission could overturn the recommendation of the Planning Commission and
decide that the zoning classification of the subject property should remain in place and make a
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY.
ITEM Planning Division FINAL APPROVAL:
NO:
Page 8 BY: Dean Andrew BY:
motion that Ordinance No. 22-11117 changing the zoning classification of the property not be
approved. [This would require four affirmative votes.] If this option is chosen, use of the property
would be limited to uses allowed in the R district. This would not allow for any commercial use
of this site.
If Ordinance No. 22-11117 is approved on first reading, second reading would be scheduled to occur
on June 13, 2022.
Encl: Application
Vicinity Map
Surrounding Zoning Map
Excerpt of 05/17/22 PC Minutes
Ordinance No. 22-11117
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Publication Date
Application
Apr?(*
No.
Hearing Date
Date Filed
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Vicinity Map AKached
Filing Fee
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Ownership Certificate
-4yi50.00
Receipt No.
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APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP
1. Applicant's Name AMY D. SCHREINER, VP OF ADVANTAGE TRUST COMPANY, AGENT
2. Applicant's Address PO BOX 1337, SALINA, KS 67401
3. Telephone (daytime) 17854523561 E-mail aschrelner@advanlagetrustco.com
4. Owners Name BEVERLY S. OLSON TRUST
5. Owners Address
PO BOX 1337, SALINA, KS 67401
6. Legal Description of Property to be rezoned (attach additional sheet if necessary) KEY ACRES, S36, T14, R3,
BLOCK 1, 17000 SQUARE FEET, N 170 LT 1 LESS W 111.2
T Approximate Street Address 7 W MAGNOLIA, SALINA, KS
8. Area of Property (sq. ft. and/or acres) 17,000 SQ FT
9. Present Zoning R-1 Use
10. Requested Zoning C-3 Use
11. Are there any covenants of record which prohibit the proposed development? YES ❑ (attach copy) NO 0
12. List reasons for this request (attach additional sheets if necessary): THE TRUST IS PREPARING TO LIST THE
LAND FOR SALE. DUE TO LOCATION, IT IS FELT THAT C-3 IS BEST USE FOR THE PROPERTY.
13. Provide additional information showing the effect the request will have on present and future traffic flow, schools, utilities,
emergency services, surrounding properties, etc. (Attach additional sheets if necessary):
14. Explain how off-street parking will be provided for this requested use:
15. List exhibits or plans submitted:
ADVANTAGE T I W Beverly S. Olson Trust T
Applicant(s) Owners) , Q-0_ l
Signature _ Si nature yp,r
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Date:
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Date 07 — ��O (�� Date: 1
d the applicant Is to be represented by legal counselor an authorized agent, please complete the following In order that
correspondence and communications pertaining to this application maybe forwarded to the authorized Individual.
Name of representative:
Complete Mailing Address, Including zip code
Telephone (Business):
E -mall address:
PLF — 051, Application Amendment to Dislnct Zoning Map, Rev. 04/2011
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7 Magnolia Road
2005 Aerial Photo
7 Magnolia Road
2020 Aerial Photo
Cityor
Shcind MINUTES
PLANNING COMMISSION
CITY -COUNTY BUILDING, ROOM 107
TUESDAY, MAY 17, 2022
4:00 P.M.
1. 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. Wicks confirmed that the packet was posted and the required notice of the meeting was
provided.
(1.3) Roll Call
Commissioners Present:
Joe Hay (Chair), John Olson (Vice Chair), Chad Farber, Joshua Gilmore, James Jones Jr.,
Patrick Mikesell, Karla Waters
Commissioner's Absent:
None
City Staff Present:
Dean Andrew, Zoning Administrator; Dustin Herrs, Assistant Planner (Meeting Moderator);
Shandi Wicks, Administrative Supervisor
2. APPROVAL OF MINUTES
(2.1) Approval of the Minutes of the May 3, 2022 regular meeting.
A motion was made to approve the minutes of the May 3, 2022 regular meeting by
Commissioner Waters, seconded by Commissioner Mikesell and carried by vote.
3. NEW BUSINESS
Public Hearinq Items
• Quasi -Judicial Matters
(3.1) Application #Z22-6, filed by Amy D. Schreiner, on behalf of the Beverly S. Olson Trust,
—� requesting a change in zoning district classification from R (Single -Family Residential) to
Page 1 of 5
C-3 (Shopping Center) district on property located at the southwest corner of Magnolia
Road and Highland Avenue. The property that is the subject of this application is legally
described as the North 170 ft. of Lot 1, less the West 111 ft., in Block 1 of the Key Acres
Addition to the City of Salina, Saline County, Kansas and addressed as No. 7 West
Magnolia Road.
Mr. Andrew presented the staff report with visual graphics which are contained in today's
meeting packet. He informed the Commission that the City Commission asked for a traffic
study to be done at the Central Mall — Magnolia Road intersection.
Mr. Andrew asked staff for an update on the new hotel/motel development at the Central
Mall across Magnolia Road to the north.
Dustin Herrs, Assistant Planner, stated the developer of the new hotel/motel is
considering a revised plan for the amount of land used (using the entire site) as well as
the potential for a different branding for the hotel/motel.
Mr. Andrew continued to present the staff report with visual graphics contained in today's
meeting packet.
Chair Hay asked the Commission if there were any questions for staff.
Commissioner Olson asked how the shared use of the drive would work with the
properties being owned by two separate owners. Mr. Andrew stated if the request was
approved, staff would work with the veterinary clinic to prepare the appropriate
documentation to make the shared driveway work.
Chair Hay asked if the applicant had a plan for the use of the property. Amy Schreiner,
Advantage Trust Company, 227 S. Santa Fe, stated a use for the property has not been
decided. Chair Hay asked if the one way in and one way out of the parking lot would be
an issue.
Mr. Andrew stated as staff envisioned the shared access for this lot, the access
connection to this property would not have an impact on the number of parking spots
available at the veterinary clinic.
Commissioner Olson stated it would not limit them from putting a driveway in off Highland
Mr. Andrew stated that is correct.
Mr. Andrew asked if they had thought about marketing the property for commercial
purposes what types of uses or businesses they might be trying to target.
Ms. Schreiner stated she planned to list the property for sale as a C-3 lot but this was the
first step before engaging with a realtor to move forward.
Commissioner Waters asked if the property to the south was contacted about this agenda
item.
PLANNING COMMISSION I MINUTES
May 17, 2022
Page 2 of 5
Mr. Andrew stated he was not sure of the current ownership of the lot but notice would
have been provided to the owner of record and asked the applicant to respond.
Ms. Schreiner stated the family members did speak to the property owners to the south
and notified them of the plan to sell the lot with the potential for rezoning to commercial.
Commissioner Hay asked if the item could be approved now and a request for a curb cut
could be added later when the property was developed.
Mr. Andrew stated as part of the building permit review, staff would work with the owner
and their designer to establish the access points to the property.
Commissioner Farber asked the applicant if they had marketed the property as
residential.
Ms. Schreiner stated it had not been listed or marketed as residential.
Mr. Andrew stated requests to rezone this lot to commercial had been initiated multiple
times in the past but had not made it to the Planning Commission. Staff has not met with
anyone wanting to build a house on this property.
Commissioner Waters asked how wide the current entrance was.
Mr. Herrs stated the west entrance was approximately 33-34 feet wide and the east
entrance was approximately 33-34 feet wide.
Mr. Andrew stated the lot is 100 feet wide so the driveway would be approximately 100
feet from the Highland intersection.
Chair Hay asked if there were any additional questions of the applicant.
Chair Hay confirmed there were no further comments or questions from members of the
public, closed the public hearing and brought this item back to the Commission for
discussion and action.
MOTION: Commissioner Gilmore made a motion to recommend
Approval of C-3 zoning for the lot as requested
SECOND: Commissioner Mikesell
VOTE: Motion carried 7-0.
Mr. Andrew stated for the benefit of the applicant, the Planning Commission's
recommendation to rezone the property C-3 would go before the City Commission on
June 6th.
• Legislative Matters
Mr. Andrew stated the June 7th Planning Commission meeting has eleven (11) agenda items
that were filed including street name changes in Stone Lake, additional residential platting,
PLANNING COMMISSION I MINUTES
May 17, 2022
Page 3 of 5
Bruckner Truck Sales' conditional use permit application, construction of additional housing at
Presbyterian Manor, and a conditional use permit request to add outdoor amplified sound at The
Library bar & grill on South Santa Fe.
Mr. Andrew also stated there was a contingent contract to purchase the Kansas Buffet lot for a
Tidal Wave Auto Spa which was anticipated to be on the June 21St meeting agenda.
Mr. Andrew stated May 20th is the deadline for submitting applications for fireworks stands.
Commissioner Hay asked if there was an update on the tire company by the Central Mall.
Mr. Herrs stated the permit was issued on April 22"d. He continued to state the permit was
pending contractors which was a typical process for new development.
Administrative Items
None
Preliminary Discussion Items
None
4. UNFINISHED OR OTHER BUSINESS
The next regularly scheduled meeting of the Planning Commission is on June 7, 2022.
5. PUBLIC FORUM
There is no members of the public in attendance in Room 107 or via Zoom.
6. ADJOURNMENT
A motion was made to adjourn the meeting by Commissioner Olson, seconded by Commissioner
Waters and carried by vote.
The meeting adjourned at 4:36 p.m.
Joe Hay. Chair
PLANNING COMMISSION I MINUTES
May 17, 2022
Page 4 of 5
Summary published in The Salina Journal on June _, 2022.
Posted on the City of Salina website from June _ to June _, 2022.
ORDINANCE NUMBER 22-11117
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:
The North 170 feet of Lot 1, less the West 111.20 feet thereof, Block 1 of the Key Acres
Addition 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. The Property is more suitable for commercial use than residential use due to its arterial
street frontage and its proximity to the adjacent veterinary clinic and the convenience
store across the street. The current R zoning inhibits the ability of the current owner to
market and redevelop the property;
3. The rezoning request area is adjacent to existing C-3 zoned property on the west and
C-5 and PDD C-3 on the north so the requested C-3 zoning would be compatible with
the zoning and uses of the nearby property. Approval of C-3 zoning would be a logical
extension of the existing C-3 zoning along this portion of West Magnolia Road;
4. Needed public utilities and streets are already in place to serve the needs of the rezoning
request area;
5. The Property is located in a transition area between Commercial and Suburban
Residential land use areas and Highland Avenue is a more suitable
commercial/residential land use boundary than the current boundary on Magnolia
Road.
Section 2. Amendment. DISTRICT "C-311. The Zoning District Map of the City of Salina,
Kansas is amended to rezone the Property as part of DISTRICT "C-3" SHOPPING CENTER.
Section 3. Repealer. All prior ordinances relating to the Property are repealed to the extent they
are in conflict with this ordinance.
Section 4. 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. 22-11117 Summary
On June 13, 2022, the City Commission passed Ordinance No. 22-11117. The ordinance
changes the zoning district classification of a vacant lot at the southwest corner of Highland
Avenue and Magnolia Road from R (Single Family Residential) to C-3 (Shopping Center)
to allow future commercial development of the site. 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: June 6, 2022
Passed: June 13, 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 June, 2022.
Greg A. Bengtson, City Attorney