ORDINANCE NUMBER 25-11233
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. Moellenhoeffer Properties, LLC has filed Application #Z24-4 requesting a change in zoning district classification from R-3 (Multi-Family Residential) to PC-1 (Planned Restricted Business) district in relation to the following described tract of real estate:
Lots 26 and 28 and the North 35 ft. of Lot 30, Block 2 of the Santa Fe Park Addition to the City of Salina, Kansas and addressed as 655 S. Santa Fe Avenue. (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 has been used as a medical clinic for over 30 years and the applicant’s proposed use is consistent with this historical use. No expansion of the building or intensification of the historical use is being proposed.
- The proposed dental clinic along with another potential medical use should create minimal noise thus minimizing the impact on neighboring residential properties.
- The scale and design of the Property would fall under Office and Mixed-Use which is appropriate for an Urban Residential land use area.
- The Property will be accessible from an adjacent arterial street that is adequate to carry the traffic that will be imposed upon them by the Dental office and potential medical use that may be added in the future.
- The public facilities and services are currently adequate to support a medical use at this property. No expansion of the building is being proposed.
- The existing off-street parking on the Property exceeds the Off-Street parking requirements for medical offices.
- The “Planned” component of the rezoning request requires that a site plan, landscape plan, and building elevations and materials all be reviewed and approved by the Planning Commission and allows the Planning Commission to limit further development of the Property.
- The Planning Commission conducted a public hearing on the application requesting rezoning of the Property on December 17, 2024, after which the Planning Commission voted 6-0 to recommend that the Zoning Map of the City of Salina be amended to change the zoning classification of the property from R-3 (Multi-Family Residential) to PC-1 (Planned Restricted Business) as requested.
The following finding supports approval of the site development plan for the Property:
- The site development plan submitted for a proposed dental clinic meets the development standards set out in Sec. 42-409.14 of the Salina Code;
Section 3. Amendment. DISTRICT “PC-1” PLANNED RESTRICTED BUSINESS DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT “PC-1” Planned Restricted Business District.
Section 4. Site Development Plan Approval. The site development plan for a dental clinic/medical clinic 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-1” Restricted Business 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:
- Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the “R-3” Multi-Family Residential District with the addition of dental and medical clinics as a permitted use and shall be subject to the bulk regulations and use limitations applicable to the “C-1” Restricted Business District, except as enumerated in sub-point 2 below.
- Modifications. Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulations are modified as follows:
- A variation from the minimum rear yard setback distance of 25 ft. in Section 42-255(2)c. to allow a four (4) ft. rear yard setback along the east property line.
- A variation from the 10 ft. wide landscaping buffer required along the north, east and south property lines of the proposed dental clinic property in Section 42-65(6)b.1. to allow the proposed dental clinic to be established without any side or rear landscaping buffers.
- Signage. Approved signage for Lots 26, 28, and the North 35 ft. of Lot 30, Block 2 of the Santa Fe Park Addition, shall consist of one (1) monument sign with a maximum sign area of 32 sq. ft. and a maximum height of eight (8) ft. and limited to one (1) wall sign of no more than 32 sq. ft. Sign illumination shall be limited to external illumination or push through lettering, with full internal illumination of the sign cabinet prohibited.
Section 6. Additional conditions. Development and use of the Property shall be subject to the following additional conditions:
- The construction, use and occupancy of the building shall conform to the International Building Code.
- The proposed building shall be constructed with a gutter and downspout system that effectively directs roof runoff to Santa Fe Avenue.
- Construction of the north covered entry addition, relocation of the fenced in trash enclosure and all associated off-street parking, landscaping and other site improvements shall be completed prior to occupancy of the building and shall be the responsibility of the applicant.
- An eight (8) ft. tall screening fence shall be constructed along the east property line in lieu of a 10 ft. wide landscaping buffer.
- The applicant shall submit a site lighting plan and cut sheets for proposed exterior lighting fixtures for review prior to installation.
- The dental clinic 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.
- 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 proposed Dr. Moeller dental clinic project 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: January 27, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk