ORDINANCE NUMBER 26-11297
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. Salina Investments, LLC on behalf of Continental Overseas LLC & Bhanumati LLC, has filed Application #ZMA26-005 requesting a Zoning Map Amendment from C-7 (Highway Commercial) zoning district to C-5 (Service Commercial) zoning district in relation to the following described tract of real estate:
The West 71 ft. of Lot 4, and all of Lots 5 and 6, Less the Highway right-of-way, in the Interstate District North of I-70 Lots 4-7 Addition 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:
- The property is developed with an existing motel operating as a permitted use under the current C-7 zoning and can continue to be used in accordance with existing zoning. Hotels and motels are also permitted in the C-5 district, so the existing use would remain permitted under the requested zoning. The requested amendment would extend the C-5 zoning pattern established along the south side of West Diamond Drive and would not create an isolated district unrelated to adjacent districts.
- The proposed rezoning to C-5 (Service Commercial) is compatible with the commercial and industrial character of the surrounding area. The corridor along West Diamond Drive is established with hotels, service facilities, and light industrial uses. Applying the C-5 designation establishes a framework for potential redevelopment.
- The proposed rezoning will not adversely affect the neighborhood or harm the living conditions, value, use, or potential development of adjacent properties. The uses permitted in the C-5 district are commercial and service uses comparable in character and intensity to the existing uses along the West Diamond Drive corridor and to the uses already permitted under C-7. Multifamily dwellings are permitted in C-5 only as a conditional use, which requires a separate public hearing and Planning Commission approval before any such use could be established.
- Adequate public facilities and services are in place to support the C-5 zoning. The site is currently served by an existing eight (8) inch water line and an eight (8) inch sanitary sewer line within the West Diamond Drive right-of-way.
- The proposed rezoning will not create traffic congestion or safety hazards. The existing C-7 district presumes high traffic volumes associated with the traveling public. The specific traffic impacts of the proposed apartment complex would be evaluated during the Conditional Use Permit process.
- The requested C-5 zoning is in conformance with the Salina Comprehensive Plan, which designates this site as "Commercial" on the Future Land Use Map.
- The southern portion of the property lies within the AE Flood Zone, and the existing building and parking areas are located outside the mapped zone boundary. The map amendment authorizes no construction or change in occupancy, and the City's floodplain management regulations (Salina Code Chapter 42, Article VIII) apply to the property regardless of zoning district, including elevation requirements for any future development within the flood zone. The property is not located in or adjacent to the central business district, does not contain or abut any designated historic landmark or district, and is not within the airport protection district. No opposition from neighboring property owners has been received.
- Weighing the relative gain to the public health, safety, and welfare against the potential reduction in value of the affected property, staff finds no identified detriment to the public that would result from applying the C-5 district to this property, and disapproval of the request would leave the property owner limited to the narrower range of uses permitted in the C-7 district. The balance does not weigh against approval.
- The Planning Commission conducted a public hearing on the application for rezoning the Property on August 4, 2026, 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 C-7 (Highway Commercial) underlying zoning to the C-5 (Service Commercial) district.
Section 3. Amendment. DISTRICT “C-5”. The Zoning District Map of the City of Salina, Kansas shall be amended to rezone the Property as part of DISTRICT “C-5” SERVICE COMMERCIAL DISTRICT as of the date of the Mayor’s authorized endorsement of the plat.
Section 4. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
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 its adoption and publication once in the official city newspaper.
Passed: August 24, 2026
Signed: August 24, 2026
Michael L. Hoppock, Mayor
ATTEST:
Nikki Goding, City Clerk