7.1 Ordinance No. 22-11134 River Run RezoningCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO:
Page 1
ITEM: Ordinance No. 22-11134
ORIGINATING DEPARTMENT
Community and Development
Services
Planning Division
BY: Dean Andrew DA
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:�
Application #PDD03-1D, filed by River Run Estates, LLC, requesting a change in zoning district
classification from A-1 (Agricultural) to PDD -R (Planned Development District Single -Family
Residential) and approval of an amended preliminary development plan for an 11 lot residential
subdivision on a 52.90 acre tract of land located south of the River Run Addition and west of Great Life
Golf and Fitness.
[Under Kansas Law, pending Application #PDD03-1D, requesting the rezoning of a 52.90 acre
tract of land located south of the River Run Addition and west of Great Life Golf and Fitness 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 or citizens prior to the final public
action on the application.]
BACKGROUND:
On March 18, 2003, the Planning Commission considered application #PDD03-1, filed by Rex Vanier,
requesting the rezoning of a vacant AG (Agricultural) zoned land at the south end of Marymount Road
west of the Elks Club to PDD (R, R-1 & R-2) for the purpose of developing a residential housing area
that would ultimately consist of 83 residential building lots for single-family homes and one larger lot
and block for townhomes. (A copy of the approved preliminary development plan is attached to this
report). The applicant also requested annexation of this 94.07 acre tract into the city. The Planning
Commission voted 7-0 to recommend that this rezoning request and a preliminary development plan
for the property be approved as proposed, including the specific waivers and exceptions requested,
subject to the following conditions:
1. Development limitations shall be as follows:
a. Development on Lot 5, Block 3 and Lots 1-16, Block 4 (the Estates lots) shall be subject to
the uses permitted, lot size and bulk regulations specified in the R Single -Family Residential
District.
b. Development on Lots 1-3 and Lot 23, Block 2, Lots 1-4, Block 3, Lots 17-25, Block 4 and
Lots 1-0, Block 5 (the Manor lots) shall be subject to the uses permitted, lot size and bulk
regulations specified in the R-1 Single -Family Residential District.
c. Development of Lots 1-7, Block 1, Lots 4-22, Block 2 and Lots 10-19, Block 5 (the Villa lots)
shall be subject to the uses permitted, lot size and bulk regulations specified in the R-1
Single -Family Residential District except that the front yard setback requirement for Villa
units with side loading garages shall be reduced to 15 ft. and the side yard setback
requirement for all Villa units shall be reduced to 6.5 ft.
AGENDA SECTION
NO:
ITEM
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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
MR
d. Development of Lot 1, Block 6 (the Townhome area) shall be limited to the uses permitted,
lot size and bulk regulations of the R-2 Multi -Family Residential District. Development shall
be limited to 30 single-family attached dwellings containing no more than six (6) units per
building.
2. A final plat for Phase I or the entire subdivision shall be submitted and approved prior to final
approval of the preliminary planned development district. A final plat was submitted for Phase I
only
The City Engineer shall approve preliminary plans and specifications for the internal public streets,
water and sanitary sewer line extensions and stormwater collection and detention facilities needed
to serve this subdivision prior to Planning Commission consideration of the final plat of the property.
Preliminary plans approved
4. The applicant's engineer shall provide the City Engineer with confirmation that the turning radii on
the proposed cul-de-sac are adequate to accommodate fire trucks and trash trucks prior to Planning
Commission consideration of the final plat. Confirmed
5. Horizontal cross-sections of the proposed public streets and abutting right-of-way in the subdivision
shall be prepared and submitted to the City Engineer prior to Planning Commission consideration
of the final plat to confirm that all public and franchise utilities (water, sanitary sewer, gas, electric
and cable TV) can be accommodated within the proposed right-of-way. Confirmed
6. The applicant shall submit legal assurances to the City consenting to the establishment of a special
assessment district and obligating the abutting land within the proposed residential development
for its proportionate share of the total cost to reconstruct two lanes on Marymount Road to city
residential street standards. Said assurance shall be valid for a 15 year period and legally binding
on existing and future owners of land within the development. This covenant shall be recorded with
the final plat. Improvements to Marymount Road completed (15 year No Protest Period has
expired)
7. The applicant shall submit legal assurances to the City consenting to the establishment of a special
assessment district and obligating the land within the proposed residential development for its
proportionate share of the total cost to construct a 1,100 ft. southerly extension of Marymount Road
to city residential street standards. Said assurance shall be valid for a 15 year period and legally
binding on existing and future owners of land within the development. This covenant shall be
recorded with the final plat. Executed and recorded (15 year No Protest period has expired)
8. The applicant shall submit legal assurances to the City consenting to the establishment of a special
assessment district and obligating the land within the proposed residential development for one-
third of the total cost of an off-site water line connection to the 16 inch water line located on the
south side of Magnolia Road. Said assurance shall be valid for a 15 year period and legally binding
on existing and future owners of land within the development. This covenant shall be recorded with
AGENDA SECTION
NO:
ITEM
NO:
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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
the final plat. Executed and recorded (15 year No Protest period has expired) [Director of
Utilities recommends a connection to Markley Road instead]
9. An emergency entrance and all weather access road from the Elks Country Club parking lot to
Overlook Drive shall be constructed as part of Phase I of the development. The Fire Chief shall
approve plans and specifications for the proposed fire access road prior to the issuance of a building
permit for any lot within the subdivision. Construction shall be completed prior to issuance of any
certificates of occupancy. Emergency access road constructed as part of Phase I; however
the Fire Department reports that ongoing maintenance has not been adequate and that
maintenance of the access road is needed to allow continued usage by emergency vehicles.
10. The Director of Utilities shall certify that adequate water supply exists to meet minimum fire -flow
requirements for all proposed building lots in Phase I, or the owner shall comply with applicable
exemption criteria, prior to issuance of any building permits in Phase I. Water supply adequate
for Phase I only, a water line extension noted above in original condition #8 is needed to
provide adequate fire flows in Phase II
11.A final development plan for Lot 1, Block 5 shall be reviewed and approved by the Planning
Commission prior to issuance of a building permit for that site. Done, but only one (1) townhome
cluster was constructed. (This area was replatted into single-family homesites in 2011.)
12. The applicant shall submit a revised preliminary development plan containing all noted corrections
prior to consideration by the City Commission.
At the time of original zoning and platting in 2003,the Planning Commission offered the following
reasons in support of its recommendation:
1) Although this site is landlocked on three sides it has frontage on and access to a collector street
(Marymount Road) and is suitable for some form of residential development. Only 57 acres of
the site's 94 acres are being developed which reduces traffic volumes and traffic impacts below
that of a 94 acre subdivision of the same density.
2) The developer's proposed street layout follows the existing contours of the property and the
proposed lot layout preserves and highlights the natural features present on the property. No
development in the 100 year flood plain or floodway is proposed.
3) The uses proposed are residential in nature and the densities and building styles in the proposed
development would be compatible with the Elks Club and the character of nearby residential
development.
4) The proposed R, R-1 and R-2 zoning is compatible with the existing and future zoning and uses
of nearby property.
AGENDA SECTION
NO:
ITEM
NO:
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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FIN
BY:
5) This site is not directly contiguous but is adjacent to the city limits and adequate public facilities
and services are available or can be extended to serve the site. Internal drainage, utility and
road improvements will be paid for by the developer and the developer has agreed to pay his
proportionate share of off-site improvements needed to support this development.
6) The city's Comprehensive Plan identifies this site as a low-density residential area and the land
uses and densities proposed by the developer substantially conform to that designation.
The developer only final platted the Phase I area (47 building lots plus a townhome area) and
the remainder of the property was zoned A-1 (Agricultural) upon annexation.
In 2010, the Planning Commission reviewed an amended development plan for the townhome area
(Lot 1, Block 5) proposing to convert it into 14 single family home sites. This proposed PDD amendment
was basically a land use and compatibility question for the Planning Commission. Should the existing
R-2 (townhome) zoning be repealed and replaced with some form of single-family zoning and if so,
should the proposed single-family lots be Villa lots, Manor lots or Estates lots?
The Salina City Planning Commission met on September 21, 2010 and considered this application to
amend the approved final development plan for Lot 1, Block 5 of the RiverRun PDD. Following
presentation of the staff report, comments from the applicant and his design engineer, Sam
Malinowsky, and discussion and questions by individual Commissioners, the Planning Commission
voted 9-0 to approve the applicant's plan for converting Block 5 from townhome to single-family home
development, including his requested variances to the City's private street standards, subject to the
following conditions:
1. Development limitations shall be as follows:
a. Development on Lots 1-4, Block 1 and Lots 12-15, Block 1 (the Estates lots) shall be subject
to the uses permitted, lot size and bulk regulations specified in the R Single -Family
Residential District.
b. Development on Lots 6-11, Block 1 (the Cottage lots) shall be subject to the uses permitted,
lot size and bulk regulations specified in the R-1 Single -Family Residential District except
that the front yard setback requirement for all Cottage units shall be reduced to 20 feet and
the side yard setback for all Cottage units shall be reduced to 6.5 feet.
Development of Lot 5, Block 1 (the Townhome area) shall be limited to the uses permitted,
lot size and bulk regulations of the R-2 Multi -Family Residential District. Development shall
be limited to one (1) single-family attached dwelling containing no more than three (3) units
per building.
2. Access to Lots 5-11, Block 1 shall be from a named private street which shall be designed and
constructed to meet the private street standards in Section 36-74.1 of the City's Subdivision
Regulations, except for the following approved variations:
AGENDA SECTION
NO:
ITEM
NO:
Page 5
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
MIN
b. A reduction of the required street right-of-way width from 50 ft. to 30 ft.
c. A reduction of the required right-of-way for the cul-de-sac from a 50 ft. radius to 47.5 ft. The
driving surface shall maintain a radius of 40 ft.
d. A reduction of the minimum street curve radius from 150 ft. to 80 ft. based on the curvature
of the existing private drive.
e. No sidewalk shall be required.
3. The right-of-way for the private street shall be labeled as Common Area / Access & Utility
Easement (Private Street) on the final development plan.
4. A note shall be added to the final plat stating that emergency and public safety vehicles, City
maintenance vehicles, trash collection trucks and schools buses have the right to enter and
travel on the private street.
5. An amended set of Articles of Incorporation, By-laws and Covenants necessary to set up a
Homeowner's Association to maintain the proposed private street and other Common Areas
within the replat area shall be reviewed and approve by staff prior to recording of the final
development plan.
6. The amended Articles of Incorporation, by-laws and a declaration of covenants, conditions and
restrictions for the RiverRun Homeowner's Association and an approved mylar copy of the final
development plan shall be recorded in the Register of Deeds office prior to issuance of any
building permits on the property.
7. An addressing plan for the lot served by the private street shall be approved by the Engineering
Department prior to issuance of any building permits.
8. Development of the site shall substantially conform to the approved final development plan as
amended and the landscape plan and monument sign drawings on file in the Planning
Department.
The amended development plan was finalized in 2011 and the City Commission approved an
ordinance rezoning to townhome area from PDD R-2 to PDD R-1 and PDD R-2 on August 15, 2011.
The private street serving this area is named Longfield Drive and several homes have been built along
this street since the replat was approved in 2011.
Nature of Current Request
River Run Estates, LLC has purchased the remaining unplatted portion of River Run (23.74 acres) plus
three (3) platted lots in the original River Run Addition from Vanier Properties. Phase II of River Run
was zoned A-1 (Agricultural) and left unplatted so that Vanier Properties could receive an Agricultural
Deferral on special assessments related to water line improvements and improvements to Marymount
AGENDA SECTION
NO:
ITEM
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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
Road. River Run Estates, LLC has filed this request for rezoning of the Phase II area to PDD with R
(Single -Family Residential) as the underlying zoning district for the purpose of a large lot residential
subdivision in a configuration that differs substantially from the master plan approved in 2003. An
amended preliminary development plan/plat of Phase II has been submitted that proposes a
realignment and extension of Overlook Drive to serve 11 lots for new single-family home construction.
Intent and Purpose of the R District
The R district is designed to provide a single-family dwelling zone at a density of not less than eight
thousand five hundred (8,500) square feet per dwelling unit (five and one-tenth (5.1) units acre). The
proposed density in Phase II is less than one (1) dwelling unit per acre.
Zoning Ordinance Requirements
If this rezoning request is approved, development of the "Estates" area within the subdivision would be
subject to the following standards and limitations:
1. Uses allowed - All permitted uses in the R district, plus any conditional uses approved by the
Planning Commission.
2. Setbacks -
Front yard - 30 ft.
Side yard - 7.5 ft.
Rear yard - 25 ft.
3. Minimum lot width - 70 ft.
4. Minimum lot depth - 100 ft.
5. Minimum lot area - 8,500 sq. ft.
6. Maximum lot coverage - 30%
7. Maximum structure height - 35 ft.
8. Accessory buildings (garages) - Maximum of 768 sq. ft. (24 ft. x 32 ft.)
All of the proposed lots in Phase II exceed one (1) acre in size.
The PDD process allows the City Commission to create a customized zoning district for a
proposed development including limitations on and the addition of uses as well as modified lot
size, setback and other bulk and density limitations. Staff has not identified any deviations or
variations from the R development standards being proposed or requested by the applicant. Staff
AGENDA SECTION
NO:
ITEM
NO:
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CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
believes that consideration should be given to increasing the side -yard setback requirement from 7.5
ft. to 15 ft. or 25 ft. due to the anticipated size of the homes and the need for fire separation.
Suitability of Site for Development
This factor deals with the suitability of the property for development under the existing A-1 zoning and
the extent to which the current zoning inhibits development and use of the property.
The applicant believes that this property is uniquely suited for residential development, that this
planned community will offer lifestyle and economic attributes and housing styles that are not currently
available in Salina and that the current A-1 zoning serves to inhibit development of the site.
The subject site is a piece of ground with a great deal of slope and some dramatic elevation changes.
The elevation at the River Run Parkway intersection with Marymount Road is approximately 1250 ft.
above sea level. The elevation rises to 1310 ft. along Overlook Drive just southwest of the townhome
area and then drops down to 1240 ft. at the lower end of Overlook Drive. The lowest points along the
river are about 1230 ft. above sea level. This type of terrain is relatively unique to Salina and the lots
proposed along the ridge offer some dramatic views to the west and southwest.
There are several distinct drainage basins on the property but the general drainage pattern is east to
west and southeast to northwest toward the Smoky Hill River. The substantial change in elevation
creates positive drainage but these slopes will also create some fairly high runoff velocities if all surface
runoff were concentrated in ditches. However, the original developer utilized the curb and gutter in the
streets and underground pipes as part of the stormwater collection system in Phase I. The elevation
change also means that a small sewer pump station may be needed in Phase II to serve the lower
portion of Overlook Drive.
The original street system and lot layout generally conformed with and utilized the existing topography,
meaning that no massive grading or regrading was proposed. The developers of Phase II have
modified their layout to more closely conform with the natural topography than their original layout. The
slopes on this property are severe enough in some locations to make those areas unbuildable. Some
of the more wooded slopes and ravines originally designated as Common Area are now designated as
Conservation Easements on individual building lots in Phase II. The lots on Overlook Drive have quite
a bit of drop off to the north and west and some grading will need to be done on these lots to create
level building sites.
The primary limiting factor on development of this 94 acre tract is the mapped flood plain and floodway
along the Smoky Hill River. Only 64 of the 94 acres on this site are above the 100 year flood plain
elevation and developable. The applicant is proposing to leave this flood plain area (The Meadow) as
common open space and recreation area for subdivision residents.
Based on its desirable physical characteristics (the sloping terrain and view of the valley to the west),
its proximity to Marymount Road (a collector street) and its proximity to the Mariposa sewer pump
AGENDA SECTION
NO:
ITEM
NO:
Page 8
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
station and Markley Road Water Tower (which have enabled this property to be served with public
utilities), the applicant believes this site is suitable for some form of residential zoning and development.
Based on the original development concept presented in 2003, this is a logical extension of the original
River Run Addition.
Character of the Neighborhood
This proposed residential community does not abut any existing residential subdivision. The
surrounding property to the south and west is located in unincorporated Saline County, is zoned
Agricultural and is largely undeveloped.
Great Life Golf and Fitness is located directly to the east of this tract and forms a large portion of the
eastern boundary. Great Life Golf and Fitness is outside the city limits, except for the clubhouse. A row
of rural estate -type home sites line the west side of Marymount Road. Cedar Ridge Addition on the
east side of Marymount Road has been platted and annexed but is undeveloped along Marymount
Road. The closest urban -type subdivision is the homes in Cedar Ridge Addition to the east across
Marymount Road that back up to Great Life Golf and Fitness.
The urban density construction of single-family homes would be compatible with the zoning and uses
of nearby property. There are Estates -type lots in the original River Run area directly north of Phase
II. The relatively large lot sizes and substantial amounts of open space make the overall development
density fairly low, less than one (1) dwelling unit per acre. Also, Great Life Golf and Fitness is not a
true agricultural use. And if the Commission looks at future zoning and land use, the type of residential
development proposed on this property would be consistent with the development that has already
occurred in River Run. This could be viewed as a logical extension of the zoning and development
pattern in Phase I, just with larger lot sizes.
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.
1. Water—
The closest available water supply is an existing 8 inch water line in Overlook Drive, which
serves Phase I. This line is tied into an 8 inch line in South Marymount Road. This is the only
source of water supply in River Run, although the South Marymount line is also tied in to the
water line network serving the Cedar Ridge Addition east of Marymount Road. At the time the
River Run development was originally proposed in 2003, the need for an additional off-site water
line connection was identified in order to provide enhanced fire flows and two sources of water
supply. The Director of Utilities has identified the 16 inch water line in Markley Road as the
preferred off-site connection point in lieu of connection to the line in Magnolia Road.
AGENDA SECTION
NO:
ITEM
NO:
Page 9
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT: I FISCAL APPROVAL:
Community and DevelopmentBY:
Services FINAL APPROVAL:
Planning Division
BY: Dean Andrew I BY:
An Annexation Agreement between the City of Salina and Vanier Properties obligates the City
of Salina to design and construct a looped water line connection to provide two sources of water
supply to River Run and obligates property owners in River Run to participate in a benefit district.
The Agreement obligates River Run homeowners to pay one-third of the cost. The timing of the
design and construction of this water line is not within the developers' control. The City of Salina
has the responsibility to identify and choose the preferred route of the water line and to acquire
the necessary easements.
The applicant's design engineer is proposing to extend an 8 inch or 12 inch water line into the
Phase II area along Overlook Drive and then to the south end of the property line to tie into the
off-site connection to Markley Road. This line will provide domestic service and fire service to
the proposed lots in Phase II. However, due to the anticipated home sizes (in excess of 3,600
sq. ft.) and the existing fire flows in Phase I, no vertical construction can occur in Phase II under
the looped connection to Phase II is in place.
2. Sanitary sewer —
The applicant's design engineer originally proposed a sewer lift station to serve the lots at the
lower end of Overlook Drive. The design engineer is now proposing to design and install an 8
inch public gravity line that would serve the upper lots (1, 2, 3, 8, 9, 10 and 11) and tie into an
existing manhole near the townhome cluster. The lots at the end of Overlook Drive (4, 5, 6 and
7) would have their own private ejector pumps that would pump into the gravity line. The plan
for designing and constructing a public or private lift station has been abandoned.
3. Storm Drainage —
The City's stormwater management regulations require the developer to design a stormwater
drainage system to detain the additional runoff caused by development of the site (the difference
between existing and developed conditions). Runoff from the future development of this
property will need to be directed west over to the Smoky Hill River. Easements may need to be
dedicated to convey stormwater from Overlook Drive to the river channel.
4. Emergency Services and Fire Protection —
Rezoning and development of this property would mean that the City of Salina Fire Department
would be responsible for providing EMS service and fire protection to the subdivision.
Emergency response would be from Station #4 at Marymount and Crawford. This property is
contiguous to areas that are within the existing city limits and already receive City police and
fire protection.
5. Schools — Students in this proposed development would attend the following schools:
Meadowlark Elementary School — Grades 1-5; Lakewood Middle School — Grades 6-8; Central
High School — Grades 9-12.
AGENDA SECTION
NO:
ITEM
NO:
Page 10
Other Utilities
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
There are underground Evergy service lines and a Kansas Gas Service natural gas line along Overlook
Drive in Phase I that can be extended to serve this area.
Street Access and Improvements
Marymount Road was improved to City Standards as part of a benefit district project in 2004. River
Run Parkway and Overlook Drive provide street access to the Phase II area.
The 11 proposed dwelling units would generate 110 vehicle trips per day on Overlook Drive at full build
out. This would be a reduction of 250 vpd compared to the original plan.
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
whether an amendment could be reasonably justified.
When the current Comprehensive Plan was adopted in 2010 the River Run property was designated
as future Suburban Residential indicating a desire to see the property used for construction of single-
family housing.
Suburban Residential represents a prevailing development standard in housing and neighborhood
design. The Suburban Residential land use allows for low density residential development, typically in
the range of 4 to 8 units per acre in forms such as single family homes, duplexes and townhomes but
not multiple family residential housing. Suburban residential development is typically served by City
infrastructure and should also accommodate appropriately scaled uses such as churches, schools,
parks and other civic and institutional uses.
Primary Uses:
• Single-family Residential — 2-5 units per acre.
Secondary Uses:
The proposed residential density of this development (11 dwelling units on 23.74 acres)
computes to .46 dwelling units per acre, which is very low, almost a rural estates -type density.
FISCAL NOTE:
If this proposed residential subdivision is approved, the City at large will be responsible for the design
and 2/3 of the cost of extending an off-site water line connection to the 16 inch line in Markley Road.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
AGENDA SECTION
NO:
ITEM
NO:
Page 11
Planning Commission Recommendation
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
The Planning Commission conducted a public hearing on this PDD application on August 2, 2022
which was continued to the Commission's September 6, 2022 meeting to allow revisions to be made
to the preliminary development plan/plat for Phase II. At the September 6, 2022 public hearing,
following presentation of the staff report, comments from the applicant's representative, comments
from neighboring property owners comments and questions from Commission members, the Planning
Commission voted 6-0 to recommend that the south 52.90 acres of the River Run property, including
the 29.15 acres "Meadows" common area, become part of a PDD -R (Single -Family Residential)
zoning district subject to the condition that the minimum side yard setback on lots less than 2.4 acres
in size shall be 15 ft. and the minimum side yard setback on lots greater than 2.4 acres in size shall
be 25 ft.
The Planning Commission's made the following findings in support of their recommendation:
The location and physical attributes of the Property and the availability of public utilities make
suitable for residential development once a second source of water supply is provided.
2. The Property lies within a Primary Service Area on the Urban Services Area map meaning that
City utilities are already in place or that the City of Salina has long term plans or expectations to
extend its services or its boundary in this direction. In this case the City has already extended
utilities to the Phase I area of River Run.
Rezoning of the subject Property for residential development could be viewed as allowing similar
residential development of property that is contiguous with an already developed residential
subdivision. The development proposed in River Run Estates is a logical extension of Phase I
of River Run.
4. The proposed development will not impose an undue burden on public services and facilities,
such as fire and police protection.
5. The proposed development is served by a perimeter street (Marymount Road) that meets City
street standards.
The requested zoning change and proposed residential density would be consistent with the
City's Comprehensive Plan which identifies the River Run property as suitable for Suburban
Residential -type development.
7. The planned development will not substantially injure or damage the use, value and enjoyment
of surrounding property nor hinder or prevent the development of surrounding property in
accordance with the land use plan. (Staff would note that the new developer, River Run Estates,
LLC, is proposing to convert property shown as Common Area on the original 2003 preliminary
AGENDA SECTION
NO:
ITEM
NO:
Page 12
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
09/26/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development
Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
development plan to Conservation Easement area which means that these wooded ravines
would be off-limits to development but would be owned and controlled by individual lot owners
and not the River Run Homeowner's Association).
COMMISSION ACTION:
Staff has identified the following options for the City Commission's consideration:
1.) The Commission could concur with the recommendation of the Planning Commission and
approve Ordinance No. 22-11134 changing the zoning classification of this property from A-1
(Agricultural) to PDD -R (Single -Family Residential) 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 postpone consideration of this application to a future meeting date
to allow staff or the applicant to provide the Commission with additional information. [This option
would require three 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
motion that Ordinance No. 22-11134 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 A-1 district. This would not allow for the development of
a residential subdivision on this site.
If Ordinance No. 22-11134 is approved on first reading, second reading would be deferred until this
property has an approved final plat.
Attachments: Application
Vicinity Map
Surrounding Zoning Map
Proposed Development Plan/Plat Layout
Excerpt of 09/06/22 PC minutes
Ordinance No. 22-11134
CC: Derek Lee, River Run Estates, LLC
Lance Cochran, River Run Estates, LLC
Elizabeth Hopp, Earles Engineering
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APPLICATION FOR PRELIMINARY PLANNED DEVELOPMENT DISTRICT (P.D.D.)
1. Applicant's Name Derek Lee
2. Applicant's Address 829 E Crawford, Salina, Kansas 67401
3. Telephone (daytime) 785-826-0858 E -Mail Address roush540(a?gmail.com
4. Project Name River Run Addition Phase 11
5. Owner's Name River Run Estates LLC
6. Owner's Address 829 E Crawford, Salina. Kansas 67401
7. Legal Description of Property to be developed (attach additional sheets if necessary
A parcel of land in the NE Quarter Section 30, Township 14 South; Range 2 West of the 6th Prime
B. Approximate Street Address 1800 South Overlook Drive
9. Area of property (sq ft Wor acres) 29.15 Acres
10. Present Zoning Agriculture Use Agriculture
11. Proposed Zoning ,R'-< PDD R Use Sinqle Familv Estate Homes
12. Is the P.D.D. to be utilized in conjunction with another zone or independently? Independently
13. Are there any covenants of record which affect the proposed development? (attach copy) NO
14. List reasons for this request (attach additional sheet if necessary)
Larger estate homes on oversized estate lots
15. Anticipated time period for substantial completion Fall 2023
16. Total ground area occupied by buildings (sq.ft.) Varies per lot
17. Describe any non-residential uses proposed
18. Number of housing units provided Single family - 11 Multi -family -0
Applicants) � �� Own
Signature GG----�� cam— �� Signature
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
Mailing Address, City, State, Zip
Telephone (Business) and E -Mail
PLF - 046, Application -Preliminary PDD, Rev. 10-2005
River Run Residential Density
Original Preliminary Development Plan
85 single-family lots
30 townhome units (10 3 -unit buildings)
113 dwelling units 1.2 du/acre
Amended Plan for Block 5 — 2011
97 single-family lots
3 townhome units (1 3 -unit building)
100 dwelling units 1.06 du/acre
Final Development Plan/Plat for Phase II — 2016
Phase 1 61 single-family lots
3 townhome units
Phase II 36 single-family lots
100 dwelling units 1.06 du/acre
Proposed Amended Plan for Phase If — 2022
Phase 1 61
single-family lots
3
townhome units
Phase II 11
single-family units
75
dwelling units 0.8 du/acre
Net reduction of 25 dwelling units in Phase //
River Run Estates Rezoning
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Application #PDD03-1D
p ° Ij;ao Filed by River Run Estates, LLC
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Attachment
River Run Master Plan
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River Run Estates Master Plan
River Run Addition Phase II Area
River Run Addition Phase II Area
River Run Addition Phase II Area
River Run Addition Phase II Area
River Run Addition Phase II Area
River Run Addition Phase II Area
River Run Addition Phase II Area
Attachment
Amended Preliminary
Development Plan / Plat
Phase II of River Run
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City0f
Salilna MINUTES
PLANNING COMMISSION
CITY -COUNTY BUILDING, ROOM 107
TUESDAY, SEPTEMBER 6, 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. 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), Douglas Alt, Jerry Ivey, James Jones Jr., Patrick Mikesell, Karla Waters
Commissioners Absent
John Olson (Vice Chair), Chad Farber
City Staff Present:
Dean Andrew, Zoning Administrator; Margy Clem, Development Coordinator; Dustin Herrs,
Assistant Planner (Meeting Moderator); Spencer Aiken, Planner II; Halene Burklow,
Planner I
2. APPROVAL OF MINUTES
(2.1) Approval of the Minutes of the August 16, 2022 regular meeting.
A motion was made to approve the minutes of the August 16, 2022 regular meeting by
Commissioner Mikesell, seconded by Commissioner Waters and carried by vote.
3. NEW BUSINESS
Public Hearing Items
• Quasi -Judicial Matters
Page 1 of 9
(3.1) Continuation of public hearing on plans for developing Phase II of the River Run
Addition.
a. Application #PDD03-1 D, filed by River Run Estates, LLC, requesting a change in
zoning district classification from A-1 (Agricultural) to PDD -R (Planned Development
� District Single -Family Residential) and approval of an amended preliminary
development plan for an 11 lot residential subdivision on a 52.90 acre tract of land
located south of the River Run Addition and west of Great Life Golf and Fitness.
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.
Chair Hay asked about the reference to the off-site water line cost and what portion
would be the developer's responsibility. He asked if 1/3 of the cost would be
distributed amongst the new owners or all of the property owners in River Run.
Mr. Andrew stated that the 1/3 portion of the cost of the water line will be shared by
the River Run subdivision in its entirety absent any other agreement. He stated that
Phase II has also been assessed for a portion of Marymount Road and the water
line coming down Marymount Road. He stated the original annexation agreement
noted that the water line would come up from Magnolia Road but the Director of
Utilities would rather connect River Run to Markley Road and go from the southeast
corner of the subdivision over to Markley Road.
Chair Hay asked what the benefit is for the new water line for Phase I River Run
property owners.
Mr. Andrew answered enhanced fire flows and a second source of water supply.
Commissioner Waters asked what a conservation easement is.
Mr. Andrew stated that the discussion will involve more detail during the item
associated with the plat but the distinction between Common Area and a
conservation easement is who owns the property. He stated that Common Area is
owned in common by the HOA and is open to use by all subdivision property
owners while a conservation easement is a private restriction that is put on a
privately owned tract of land where that land is protected from development and
preserved in its natural state. He stated that when the developers sell a lot with a
conservation easement on it, they are also selling that conservation easement.
Chair Hay invited the applicant to address the Commission.
Derek Lee, River Run Estates, LLC, came forward to the podium.
Mr. Andrew referred to the comparison between RS and R Zoning District table in
today's agenda packet and asked Mr. Lee if River Run Estates was more
comfortable with the R district over the RS district.
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 2 of 9
Mr. Lee stated that River Run Estates prefers the R zoning designation. He stated
that having a 50 ft. front yard setback requirement on the corner lots is going to be
difficult. He stated that River Run Estates is agreeable to having a 25 ft. side yard
setback on lots greater than 2.4 acres in size but would like to have a 15 ft. side yard
setback on lots less than 2.4 acres in size. He added that the conservation
easements have been added so that property owners cannot build a structure in the
easement but also to keep the space natural as it would have been as Common
Area.
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.
Mr. Herrs stated that there were no members of the public on Zoom and that any
public comment on this item would be from members of the public present in Room
107.
Morrie Soderberg,1628 Overlook Drive, River Run Phase I homeowner, stated that
he is not opposed to the development of Phase II but thinks there are some
questions that need to be answered prior to approval of the plat. He stated that the
construction access should be placed where the emergency access is. He stated
that he noticed while walking the area recently that the surveyor had the number of
lots listed at 12 and not 11. He concluded that the walking path/access easement
will need to be larger (at least 18 ft. wide) for the small tractor.
Mr. Andrew stated that the proposed access easement is 15 ft. wide currently and
that would be a question for the developer as to whether that can be widened.
Mr. Soderberg asked how property taxes are allotted to conservation easements.
Mr. Andrew stated that if it was designated as Common Area, the space would not
be taxable but it would be taxable as a conservation easement. He gave the
example of a stormwater detention pond that physically has a $0.00 value but the
Saline County Appraiser would attribute some value of the to the other properties in
the subdivision.. He added that the building lots are subject to property taxes but the
conservation easement area would have no value for development.
Mr. Soderberg asked for confirmation that the taxes for the conservation easement
would not be paid by the HOA.
Mr. Andrew stated that is correct and that they would be paid by the independent
land owners. He answered a previous question from Mr. Soderberg about the
construction road giving the example of Magnolia Hills Estates using Holmes Road
for truck and heavy equipment access for the construction of their public
infrastructure. He stated that River Run Estates can work out a similar arrangement
with Great Life Golf & Fitness so that the construction equipment comes through the
emergency access easement. Into Phase Ii.
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 3 of 9
Mr. Soderberg stated that would most likely require an upgrade to the private road to
Great Life Golf & Fitness.
Mr. Andrew stated that the preferred option for construction equipment would be to
go through the emergency access easement and working with the Great Life on that
but that if that does not work out, they would have to go through the existing
subdivision entrance.
Mr. Soderberg concluded that River Run Phase I homeowners were not aware that
they would have to pay for a portion of the new water line.
Mr. Lee stated that they will have a conversation with Mr. Pestinger but their
intention is to have the construction entrance at the emergency access easement to
minimize impacts to Phase I. He stated that there are 11 lots on the plan/plat not 12
and that was an error made on the signage by the surveyor. He stated that they
previously had the walking path between Lots 4 and 5 and have moved it to between
Lots 3 and 4 as it is an easier walk with less dramatic change in elevation. He stated
that their intention for the current path width was for the small tractor but if it needs
to be wider, they can make that change. He added that their intention is to be the
best neighbors that they can to Phase I homeowners.
Mr. Lee stated that the liability and the property taxes for the properties with
conservation easements will lie with the individual property owner of those lots. He
stated that they did not mean to misrepresent who would be paying for the water line
connecting to Markley Road and that their impression was that it was the owners of
Phase II lots that would be paying for that line. He added that they did have a
meeting with Phase I homeowners where their development concept plan was
shown and there were 44 people in attendance. He stated that 43 of those people
were agreeable to the development concept.
Chair Hay stated his concern still lies with the cost of the water line going to both
Phase I and Phase II owners.
Mr. Lee stated that it sounds like that no matter who developed Phase II, it was
going to have to be paid by both phases.
Mr. Andrew stated that cost of the water line is not a zoning or platting issue. As to
the fairness of the assessment, the 2003 Annexation Agreement was executed and
it was recorded in the Saline County Register of Deeds office so that future
homeowners would know about their future obligation.
Commissioner Mikesell asked when the Annexation Agreement was recorded.
Mr. Andrew stated 2003 which would have been before any property owners bought
a lot in River Run Phase I. He added that does not mean that they were informed or
knew this was going to occur, but this is not a recent requirement.
Commissioner Alt asked what the cost of line is expected to be
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 4 of 9
Mr. Andrew stated that the rough estimate is $100 per ft. and there is approximately
3,120 ft. over to Markley Road. That calculation comes out to approximately
$300,000 where 1/3 of the cost would be paid by Phase I and Phase II (or just
Phase 11). He stated that the cost and allocation of the special assessments would
be worked out in the benefit district.
Commissioner Alt asked if the new water line would give the original Phase I owners
better water service or water pressure.
Mr. Andrew answered absolutely. He stated that if the water line on River Run
Parkway breaks there would be no water in River Run and no other source of water
for the subdivision. He stated that if it is connected to Markley Road, it will have two
sources of flow so if there is a shut off there is a second means to get water into the
area.
Mr. Lee stated that the current data shows fire flows at 940-1,000 gal/min and the
Fire Marshal has stated that those fire flows need to be more than 2,000 gal/min. He
added the water line will help Phase I because of the significant improvement in
water pressure as well as the ability to put out a structure fire.
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 Mikesell made a motion to approve
Application #PDD03-1 D subject to the imposition of a 25 ft.
side yard setback on the lots greater in size than 2.4 acres
and a 15 ft. side yard setback for lots lesser in size than
2.4 acres and to satisfactory platting of the 52.90 acre
Phase II area
SECOND: Commissioner Waters
VOTE: Motion carried 6-0.
b. Application #P03 -4D, filed by River Run Estates, LLC, requesting approval of an
amended preliminary plat/development plan for a proposed 11 lot subdivision on a
52.90 acre tract of land located south of the River Run Addition and west of Great
Life Golf and Fitness (to be platted and known as River Run Addition No. 2 or River
Run Estates).
Mr. Andrew presented the staff report with visual graphics which are contained in
today's meeting packet. He stated that the title to the Common Area in River Run
has not been deeded to the HOA and the HOA is not formed and has not conducted
any meetings. He stated that those items are outside the scope of the Planning
Commission's purview. He stated that the purpose of the consideration of the
preliminary plat is to determine if the proposed development is feasible. He added
that the items that have been addressed between August 2nd and September 6th
have helped staff reach a conclusion that this plat is feasible to develop. He
reminded the Commission that this is a preliminary plat and the developers will have
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 5 of 9
to come back with a final plat. He stated that their primary focus in this action is any
variations from the Subdivision Regulations.
Chair Hay asked the Commission if there were any questions for staff.
Commissioner Mikesell asked for a rough timeline for the construction of the water
line to Markley Road.
Mr. Andrew stated that it will all come down to obtaining easements from the owners
of property that the water line would cross and getting the design plans approved.
He stated the other step will be creating the benefit district. He add that the
applicants are aware that they cannot go vertical with any new construction until that
line is in place and operational.
Chair Hay invited the applicant to address the Commission.
Mr. Lee returned to the podium.
Chair Hay asked if the developers had reviewed staff's recommended conditions
and if they are agreeable with them.
Mr. Lee stated that they are agreeable with the conditions as proposed by staff. He
stated that in regards to the covenants, their homes will be significantly comparable
in construction/materials to Phase I.
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.
Sid Reitz, 1806 Stoneridge Lane, asked if River Run Phase II homeowners would be
bound by the declarations of covenants and conditions.
Mr. Lee stated that Phase II will have their own covenants.
Mr. Reitz asked staff if Vanier Properties paid special assessments on the Phase II
properties for infrastructure that was put in during Phase I or if that was entirely paid
for by Phase I homeowners.
Mr. Andrew stated that the portion attributable to Phase II for the water line and road
improvements to the subdivision were deferred for 15 years. He stated that one year
ago that 15 year period ended and now River Run Estates, LLC has inherited those
two assessments and will be responsible for paying them until they sell the lots in
Phase 11.
Mr. Reitz asked if Phase II lot owners will be responsible for the road improvements
for this new portion of Overlook Drive.
Mr. Andrew answered yes. He further explained that the previous special
assessments were assessed the same for Phase I and Phase II. He stated that
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 6 of 9
Phase I paid those assessments right away while Phase II is paying them 15 years
later. He added that if staff can coordinate everything well enough, we would and
should be able to roll those special assessments into the same benefit district for
their internal improvements for this Phase II area.
Mr. Reitz stated that he thought the secondary water line was supposed to be put in
years ago.
Mr. Andrew stated that everyone thought it would be done long before now and that
no one thought it would take this long to get to Phase II.
Mr. Reitz stated that it sounds like Phase I homeowners do not have a say in the off-
site water line.
Mr. Andrew stated that when it gets to the point of the creation of a benefit district, it
could be discussed as to whether the cost is allocated to just Phase II or Phase I
and Phase ll. As of right now all 94 acres could potentially be assessed for the
second source of water.
Mr. Reitz stated that he takes exception to the vote taken the other night as the
homeowners were not given the choice of indicating what they would like to see in
the area. He stated that the current covenants declare that no trees with a caliper of
4 ft. can be removed unless a dwelling is going to be added, it impedes the growth of
another tree, or is dead. He stated that if the Commission looks at those lots, some
of the area will have to be cleared.
Mr. Andrew stated that staff will work with River Run Estates to include a note on the
face of the plat that explains what the conservation easement allows and does not
allow. He stated that it may not be equivalent but would similarly protect the
undeveloped areas that were originally designed to be Common Area on the original
preliminary plan. He added that staff's goal is to get language decided with the
developers and ensure both the developers and Phase I owners are satisfied.
Sydney Soderberg asked if Mr. Vanier retains ownership of the Meadow.
Mr. Andrew referred to the highlighted plat. He stated that the highlighted areas on
the Phase I plat are designated as Common Area and need to be deeded over to the
HOA as well. He added that those items do not impact this Phase II plat but wanted
to remind Phase I owners that they should ensure we don't forget about deeding
those areas to the HOA as well.
Mr. Soderberg returned to the podium and asked if sewer and street will be
assessed to owners abutting Overlook Drive.
Mr. Andrew stated that the extension of Overlook Drive, the internal water line and
internal sewer line will only be assessed to the proposed 11 lots.
Chair Hay asked if there was any further comments or questions from members of
the public. Mr. Herrs stated that no members of the public were on Zoom to speak
on this item.
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 7 of 9
Mr. Andrew stated that should this preliminary plat be approved, it will have to come
back before the Planning Commission as a final plat. He stated that staff will be
providing notification to neighboring property owners when the Commission
considers the final plat.
Mr. Lee stated that in an effort to be good neighbors they added the conservation
easements but they want to ensure the intention of those spaces is up the owners of
the lots. He stated that no structures will be built but those areas are not Common
Area and will not adhere to the same guidelines.
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 approve
Application #P03 -4/4D with the two requested variations to
the Subdivision Regulations and the eight conditions on
page 14 of the staff report
SECOND: Commissioner Mikesell
VOTE: Motion carried 6-0.
• Legislative Matters
None
Administrative Items
None
Preliminary Discussion Items
None
4. UNFINISHED OR OTHER BUSINESS
The next regularly scheduled meeting of the Planning Commission is on September 20, 2022 and
will include a study session for the Commission's annual training starting at 2:30 p.m.
Mr. Andrew noted that the October 4th meeting of the Planning Commission currently has three
items filed for consideration.
5. PUBLIC FORUM
There is no members of the public in attendance in Room 107 or via Zoom.
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 8 of 9
6. ADJOURNMENT
A motion was made to adjourn the meeting by Commissioner Mikesell, seconded by
Commissioner Waters and carried by vote.
The meeting adjourned at 5:48 p.m.
Joe Hay, Chair
ATTEST:
Dean Andrew, Zoning Administrator
Record of this Meeting
This public meeting was recorded by Salina TV and available to view online free of charge at
http://www.salina-tv.com. To receive future meeting packets by email, subscribe to Email Notifications
at: h>h> p://www.salina-ks.gov/content/18160/23455/23473/default.aspx. Meeting DVDs and paper copies of
meeting packets are available upon request (retrieval and/or duplication fees may apply). Please
contact the Community and Development Services Department at build ing.services casalina.org or by
phone at 785.309.5715 to request these open public records.
PLANNING COMMISSION I MINUTES
September 6, 2022
Page 9 of 9
Summary published in The Salina Journal on 2022
Posted on the City of Salina website from to '2022
ORDINANCE NUMBER 22-11134
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 1-11 in Block 1 of the River Run Estates Addition to the City of Salina, Saline County,
Kansas. ("the Property")
The Governing Body makes the following findings:
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 location and physical attributes of the Property and the availability of public utilities
make it suitable for residential development once a second source of water supply is
provided;
3. The Property lies within a Primary Service Area on the Urban Services Area map meaning
that City utilities are already in place or that the City of Salina has long term plans or
expectations to extend its services or its boundary in this direction. In this case the City
has already extended utilities to the Phase I area of River Run;
4. Rezoning of the Property for residential development could be viewed as allowing similar
residential development of property that is contiguous with an already developed
residential subdivision. The development proposed in River Run Estates is a logical
extension of Phase I of River Run;
5. The requested zoning change and proposed residential density would be consistent with
the City's Comprehensive Plan which identifies the River Run property as suitable for
Suburban Residential -type development;
6. The proposed development will not impose an undue burden on public services and
facilities, such as fire and police protection;
7. The proposed development is served by a perimeter street (Marymount Road) that meets
City street standards;
8. The planned development will not substantially injure or damage the use, value and
enjoyment of surrounding property nor hinder or prevent the development of surrounding
property in accordance with the land use plan.
Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT R (Single -Family Residential).
The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 1-11, Block 1, River
Run Estates Addition ("Lots 1-11, Block 1"), as part of DISTRICT R PLANNED DEVELOPMENT,
subject to the conditions of approval set forth in Section 3.
Section 3. Conditions of Approval. Use of Lots 1-11, Block 1 shall be subject to all of the
conditions, restrictions, and limitations applicable to planned development districts under Ordinance
8526, as amended and as codified in Chapter 42 of the Salina Code. Development of Lots 1-11, Block
1 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 Lots 1-11, Block 1 shall be limited
to the uses permitted in the R (Single -Family Residential) district and shall be subject to
the bulk regulations, use limitations and sign regulations applicable to the R (Single -
Family Residential) district, except as enumerated in sub -point 2 below.
2. Variations and modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise
applicable district regulations shall be varied or modified as follows:
a) On Lots 1-4, Block 1 a minimum side yard building setback of 25 ft. shall be required.
b) On Lots 5-11, Block 1 a minimum side yard building setback of 15 ft. shall be required.
3. Additional conditions. Development and use of the Property shall be subject to the
following additional conditions:
a) All areas labeled as Common Area shall be set aside for the common use and benefit
of property owners in the River Run and River Run Estates Additions.
Section 4. Repealer. All prior ordinances relating to the Property are repealed to the extent they are
in conflict with this ordinance.
Section 5. 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. 22-11134 Summary
On the City Commission passed Ordinance No. 22-11134. The ordinance changes
the zoning district classification of a 23.74 acre tract of land located south of the River Run
Addition and west of Great Life Golf and Fitness from A-1 (Agricultural) to R (Single -Family
Residential) to allow development of a residential subdivision with 11 single-family
homesites with 29 acres being set aside as Common Open Space.. 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: September 26, 2022
Passed: Upon final platting
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
The publication summary set forth above is certified this _ day of , 2022.
Greg A. Bengtson, City Attorney