ORDINANCE NUMBER 21-11051
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 WITHIN THE CITY AND APPROVAL OF A SITE
DEVELOPMENT PLAN IN ACCORDANCE WITH SALINA CODE SECTION 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:
Lots One (1), Two (2), Three (3), Four (4)
and Five (5), Block Four (4); and Lots One (1), Two (2), Three (3), and Four
(4), Block Five (5) in the Corrected Plat of Liberty Addition No. 2 to the City
of Salina, Saline County, Kansas. (the “Property”)
the Governing Body makes the following
findings:
1.
All
conditions precedent for the amendment of the City’s Zoning District Map and
the rezoning of the Property have been timely met;
2.
Section
42-409.2 of the Salina Code states that a Planned Commercial zoning is required
whenever an owner of property located within a community center or neighborhood
center identified in the comprehensive plan applies for rezoning from a
non-commercial zoning classification to a commercial zoning classification or
from an existing commercial zoning classification to a different commercial
zoning classification;
3.
The
Property is more suitable for mixed commercial/residential use than
warehousing. These lots have remained vacant as zoned for 17 years. The current PC-6 (Planned Heavy Commercial)
zoning inhibits the development of the Property due to changes in the real
estate market and the surrounding area;
4.
The
rezoning request area is adjacent to existing PC-5 zoned property so the
requested PC-5 (Planned Service Commercial) zoning would be compatible with the
zoning and uses of nearby property. Approval of PC-5 zoning would be a logical
extension of the existing PC-5 district along Schilling Road;
5.
Needed
public utilities, streets and drainage improvements are already in place to
serve the needs of the rezoning request area. Future development will pay its
proportionate share of public infrastructure costs; and
6.
While
the requested rezoning requires an amendment of the Future Land Use Map to show
the rezoning request area as being part of the Schilling-Ohio Neighborhood
Center, an amendment to the Plan is justified in these circumstances due to
changing conditions in the real estate market and surrounding area.
Section
2.
Amendment. DISTRICT “PC-5”
PLANNED SERVICE COMMERCIAL DISTRICT. The Zoning
District Map of the City of Salina, Kansas is amended to rezone the Property as
part of District “PC-5” Planned Service Commercial District.
Section
3.
Site Development Plan Approval. Pursuant to
Section 42-409.4 (c), the owner is requesting rezoning of the Property with
deferred site development plan approval for each of the platted lots within the
request area.
Section
4.
Conditions of Approval. Use of the
Property shall be subject to all of the conditions, restrictions, and
limitations applicable to the “C-5” Shopping Center 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 approved Site Development Plan and (b)
the following conditions:
1.
Zoning district regulations. Development and use of the Property shall be
limited to the uses permitted in the “C-5” Service Commercial District and
shall be subject to the bulk regulations, use limitations and sign regulations
applicable to the “C-5” Service 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.
3.
Conditions imposed by planning commission. Any conditions imposed as a result of
planning commission review and approval of the site development plan for any
lot or lots within the Property; and
4.
Site plan approval by planning commission. No building permits shall be issued for any
lot or lots within the Property until a site development plan for the lot or
lots has been approved by the planning commission.
Section
5.
Repealer. All prior ordinances in conflict herewith as
they relate to the Property are repealed.
Section
6.
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. 21-11051 Summary
On February
1, 2021, the City Commission passed Ordinance No. 21-11051. The ordinance changes the zoning
district classification of property located on Cortland Circle south of
Schilling Road from PC-6 Planned Heavy Commercial District to PC-5 Planned
Service Commercial District to allow a mixed use development of the Property. A complete
copy of the Ordinance can be found at www.salina-ks.gov or in the
office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City’s legal
counsel.
Introduced: January
25, 2021
Passed: February 1, 2021
___________________________________
Melissa Rose Hodges, Mayor
[SEAL]
ATTEST:
_____________________________
Cheryl Mermis,
Deputy City Clerk
The publication
summary set forth above is certified this __ day of February, 2021.
_____________________________________________
Greg A. Bengtson,
City Attorney