ORDINANCE NUMBER 19-11022
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 PRESCRIBING THE PROPER
USES OF CERTAIN PROPERTY AND APPROVAL OF A SITE DEVELOPMENT PLAN IN ACCORDANCE
WITH SALINA CODE SECTIONS 42-409.1 THROUGH 42-409.21.
BE
IT ORDAINED by
the Governing Body of the City of Salina, Kansas:
Section
1.
Findings. In relation to the following described real estate:
Lot
One (1), Block One (1) of the Forshee Addition to the City of Salina, Saline
County, Kansas. (the “Property”)
the following findings support PC-3 zoning
for the site:
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 at 1430 Beverly Drive meets the minimum dimensional requirements for a
C-6 zoning lot and has frontage on and access to a public street;
3.
The
property at 1430 Beverly Drive is not suitable for new residential development
because of surrounding development, particularly the contractor’s offices and
commercial buildings to the north along Armory Road;
4.
The
north side of Beverly Drive has a mix of zoning and uses and the property at
1430 Beverly Drive is adjacent to existing C-6 zoned property and commercial
buildings to the west and I-1 zoned property to the north. A commercial
building limited to personal storage will not negatively impact nearby
residential properties;
5.
Utilities
and fire protection are adequate to support a commercial storage building in
this location;
6.
If
use of this property is limited to a building used for personal storage there
will be a minimal impact on traffic volume on Beverly Drive;
7.
The
north side of Beverly Drive is a transition zone between an Employment
(Industrial) land use area to the north and a Suburban Residential area to the
south; and
8.
The
applicant has a specific development plan for the Property.
The following finding supports approval of
the site development plan for the property:
1.
The site
development plan submitted for the proposed storage building meets the
development standards set out in Sec. 42-409.14 of the Salina Code;
Section
2.
Amendment. DISTRICT “PC-6”
PLANNED HEAVY COMMERCIAL DISTRICT. The Zoning
District Map of the City of Salina, Kansas is amended to rezone the Property as
part of District “PC-6” Planned Heavy Commercial District.
Section
3.
Site Development Plan Approval. The site
development plan for the proposed storage building as presented is approved and
incorporated as part of this ordinance (the “Site Development Plan”). A copy of Site Development Plan shall be
filed in the office of the zoning administrator.
Section
4.
Conditions of Approval. Use of the
Property shall be subject to all of the conditions, restrictions, and
limitations applicable to the “C-6” Heavy Commercial District under Ordinance
8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject
to and substantially conform to (a) the Site Development Plan and (b) the
following conditions:
1.
Zoning district regulations. Development and use of the Property shall be
limited to a building used for storage of building materials, vehicles and
equipment and shall be subject to the bulk regulations, use limitations and
sign regulations applicable to the “C-6” Heavy Commercial District, except as
enumerated in sub-point 2 below.
2.
Modifications.
Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district
regulations are modified as follows:
None.
Section
5.
Additional conditions.
Development and use of the storage building site shall be subject to the
following additional conditions:
1.
All
storage of building materials and equipment, other than vehicles and trailers,
must be maintained inside the proposed building.
2.
The
proposed building shall be constructed with a gutter and downspout system that
effectively directs roof runoff to Beverly Drive with no storm water being
diverted to any of the neighboring properties.
3.
The
property owner shall submit a site lighting plan and cut sheets for proposed
exterior lighting fixtures for review prior to installation. 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.
4.
All
landscaping, circulation, parking, fencing and other improvements shown on the
approved site development plan shall be completed prior to occupancy of the
building and shall be the responsibility of the property owner.
5.
Development
of Phase I and Phase II (a proposed 45 ft. x 66 ft. addition) of the proposed
storage building site shall be completed in accordance with the approved site
development plan and landscape plan which are herein incorporated by reference.
Any major deviations from the approved site development plan must be reviewed and
approved by the Planning Commission.
6.
A
building permit for this project shall be obtained within 18 months of site
plan approval.
7.
A
separate sign permit must be applied for and issued prior to installation of
any signs.
Section
6. Expiration
and Revocation of the Site Development Plan. Pursuant to Salina Code Sec. 42-409.19, if
construction based on a valid building permit has not commenced within the
deadline of eighteen (18) months from the date of publication of this ordinance
or as extended by the board of commissioners for a specified length of time not
to exceed one (1) additional year, the Site Development Plan shall expire and
be revoked and no building permits shall be issued in relation to the storage
building site unless and until a new site development plan has been approved by
the board of commissioners.
Section
7.
Repealer. All prior ordinances relating to the Property
are repealed to the extent they are in conflict with this ordinance.
Section
8.
Summary of ordinance for publication.
This ordinance shall be in full force and effect from and after its
adoption and publication once by summary in the official city newspaper.
Ordinance No. 19-11022 Summary
On November
18, 2019, the City Commission passed Ordinance No. 19-11022. The ordinance changes the zoning
district classification of property located on the north side of Beverly Drive
west of Broadway Boulevard (1430 Beverly Drive) to PC-6 Planned Heavy
Commercial District to allow construction of a commercial storage building on
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: November
4, 2019
Passed: November 18, 2019
___________________________________
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
______________________________
Shandi Wicks, CMC, City Clerk
The publication summary set
forth above is certified this ____ day of November, 2019.
______________________________________________
Greg A. Bengtson, City
Attorney