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Ordinance 24-11227 Rezoning Windy Creek Addition

Salina, KS  | Official Website News Image

11/19/2024 8:51:00 AM

ORDINANCE NUMBER 24-11227 

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.  Application.  Southlands Development, LLC has filed Application #Z24-1 requesting a change in zoning district classification from A-1 (Agricultural) to PC-7 (Planned Highway Commercial) district in relation to the following described tract of real estate:

 

            Lot 1, Block 1 of the Windy Creek Addition to the City of Salina, Kansas. (the “Property”)

 

Section 2.  Findings.   In relation to 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 an application for Planned Commercial zoning may be required at the discretion of the board of commissioners upon a finding that Planned Commercial zoning is needed to ensure compatible land use relationships;
  3. Because of its proximity to and visibility from Interstate 135, the Property is  more suitable for commercial development than agricultural or industrial use;
  4. The Property is adjacent to PC-7 development (Yost Addition) on the south side of Water Well Road. The properties to the east, on the east side of I-135, are all zoned PC-5. A change to PC-7 zoning would be compatible with the zoning and uses of nearby property.
  5. Public utilities can be extended to the Property making it suitable for urban commercial development.
  6. The Property is located within the City’s Urban Service Area and the requested zoning change would conform with the City’s Comprehensive Plan and Future Land Use Map which has been amended to show this property as future Commercial.
  7. The applicant has a specific development plan for the Property.
  8. The Planning Commission conducted a public hearing on the application requesting  rezoning of the Property on October 15, 2024, after which the Planning Commission voted 8-0 to recommend that the Zoning Map of the City of Salina be amended to change the zoning classification of the Property from A-1 (Agricultural) to PC-7 (Planned Highway Commercial) as requested.

 

The following finding supports approval of the site development plan for the property:

 

The site development plan submitted for a Maverik convenience store meets the development standards set out in Sec. 42-409.14 of the Salina Code;


Section 3.  Amendment.   DISTRICT “PC-7” PLANNED HIGHWAY COMMERCIAL DISTRICT.  The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT “PC-7” Planned Highway Commercial District.

 

Section 4.    Site Development Plan Approval.  The site development plan for a Maverik convenience store 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 5.  Conditions of Approval.  Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the “C-7” Highway 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 the uses permitted in the “C-7” Highway Commercial District and shall be subject to the bulk regulations and use limitations applicable to the “C-7” Highway 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:

 

      1. A variation from the maximum pole sign height of 50 ft. in Section 42-522(4) of the Salina Code to allow a 70 ft. tall pole sign along I-135.
      2. A variation from the maximum driveway approval width of 30 ft. in Section 35-141 of the Salina Code to allow 40 ft. wide driveways on Marcella Drive.

 

3. Signage.   Approved signage for Lot 1, Block 1 of the Windy Creek Addition, shall consist of one (1) primary pole sign with a maximum sign area of 600 sq. ft. and a maximum height of 70 ft. and one (1) secondary pole sign with a maximum sign area of 75 sq. ft. and a maximum height of 25 ft. Façade and wall signs shall be subject to the C-7 sign regulations.

 

4. Storm drainage.  The City Engineer shall approve plans and specifications for the storm water detention pond located on Lot 1, Block 1 prior to issuance of any building permit. Construction of the detention pond shall be completed prior to issuance of a certificate of occupancy for the convenience store on Lot 1.

 

5. Public improvements.  The developer shall be responsible for the construction of Marcella Drive to the north boundary of the subdivision and all required improvements to the Water Well Road – Marcella Drive intersection shown on the approved site development plan.

 

Section 6.  Additional conditions.   Development and use of the Maverik convenience store site shall be subject to the following additional conditions:

 

  1. The construction, use and occupancy of the building shall conform to the International Building Code.
  2. The proposed building shall be constructed with a gutter and downspout system that effectively directs roof runoff to the proposed detention pond with no storm water being diverted to the neighboring property to the north or the I-135 right-of-way to the east.
  3. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved site development plan shall be completed prior to occupancy of the building and shall be the responsibility of the applicant.
  4. The applicant shall submit a site lighting plan and cut sheets for proposed exterior lighting fixtures for review prior to installation.
  5. A KDHE storm water permit (Notice of Intent) shall be required for this project. A copy of KDHE’s approval letter must be provided to the City Engineer and a local Land Disturbance Permit must be applied for and issued prior to commencing any earthwork on the site.
  6. The Maverik convenience store project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference.
  7. A building permit for this project shall be obtained within 18 months of site plan approval.

 

Section 7.  Expiration and Revocation of the Site Development Plan.  Pursuant to Salina Code Sec. 42-409, 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 specific 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 Maverik convenience store site unless and until a new site development plan has been approved by the board of  commissioners.

 

Section 8.  Repealer.  All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.

 

Section 9.  Publication.  The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.

 

Section 10.  Effective date.  This ordinance shall be in full force and effect from and after its publication.

 

                                                                                     Passed:  November 18, 2024

Bill Longbine, Mayor


ATTEST:

Nikki Goding, City Clerk

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