ORDINANCE NUMBER 24-11231
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 AND ADDRESSING THE STATUS OF ORDINANCE NUMBER 19-11003 AS IT RELATES TO THE PROPERTY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Application. Bhakta Construction, Inc. (Roger Bhakta) has filed Application #Z19-6 requesting a change in zoning district classification from A-1 (Agricultural) to C-7 (Highway Commercial) in relation to the following described tract of real estate:
Lots 1 and 2, Block 1 of Interstate District Southwest of I-70 Addition No. 2 to the City of Salina, Saline County, Kansas.
(the “Property”)
Section 2. Findings. In relation to 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;
- The Property is more suitable for commercial development than continued agricultural use due to its proximity and orientation to I-70 and the fact that it is inside the existing city limits and is located within the City’s Neighborhood Revitalization Area. The current A-1 zoning inhibits the development of the Property for interstate oriented commercial uses.
- The applicant has hired an engineer (Wood Environment and Infrastructure Solutions) who has concluded that it is feasible to develop a portion of the Property and conform with FEMA floodway regulations.
- The Property is adjacent to existing C-7 zoned property so the requested C-7 zoning would be compatible with the zoning and uses of nearby property. Approval of C-7 zoning would be a logical extension of the existing C-7 district on the south side of Bhakta Court.
- Needed public utilities and streets can be readily extended to serve the Property.
- The requested rezoning to C-7 is consistent with the City’s Future Land Use Map as amended in 2019. C-7 is listed as primary zoning district within the Commercial land use category.
- The Planning Commission conducted a public hearing on the application for rezoning the Property on December 3, 2024, after which the Planning Commission voted 7-0 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 C-7 (Highway Commercial) as requested, and that the proposed final plat of Interstate District Southwest of I-70 Addition No. 2 to the City of Salina, Saline County, Kansas be approved.
Section 3. Amendment. DISTRICT “C-7”. The Zoning District Map of the City of Salina, Kansas shall be amended to rezone the Property as part of DISTRICT “C-7” HIGHWAY COMMERCIAL DISTRICT.
Section 4. Status of Ordinance No. 19-11003. Ordinance No. 19-11003 relating to the potential rezoning of the Property to C-7 (Highway Commercial) was approved on first reading on June 10, 2019 (when enactment of an ordinance required two separate readings), subject to satisfactory platting of the Property. Because platting of the Property was not completed within 12 months of preliminary approval, the rezoning approval on first reading expired, rendering Ordinance No. 19-11003 as approved on first reading of no force and effect.
Section 5. 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 6. Effective date. This ordinance shall be in full force and effect from and after publication.
Passed: December 23, 2024
Bill Longbine, Mayor
Nikki Goding, City Clerk