ORDINANCE NUMBER 26-11301
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. Mike McCall, on behalf of WEG Holdings LLC, has filed Application #ZMA26-006 requesting approval of a site development plan and an ordinance to rezone the property from PDD (Planned Development District) to PC-1 (Planned Commercial Restricted Business) to allow a Medical Clinic - Ophthalmology Clinic, in relation to the following described real estate:
Lots 1-3, Block 9 of the Replat of the Indian Rock 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 a commercial structure, but the existing PDD lacks a base zoning and explicitly prohibits medical clinics. Rezoning to PC-1 is necessary to utilize the existing building for the proposed medical office, which is a suitable use given the property's arterial frontage and adjacency to existing C-3 districts.
- The property serves as a transitional site between heavier commercial zoning (C-3) to the west along the South Ohio Street arterial and the R-1 residential neighborhood to the east and south. The proposed daytime medical clinic provides a low-impact professional buffer, and the PC-1 site plan review ensures commercial compatibility without harming adjacent residential living conditions.
- The proposed daytime medical clinic operates with an intensity comparable to the historical credit union use and is not anticipated to harm the living conditions, value, or development potential of the adjacent R-1 residential properties. The required PC-1 site plan review ensures that adequate transitional buffering, such as the six (6) foot tall solid wood privacy fence along the eastern boundary, is maintained to mitigate visual and operational impacts on neighboring lots.
- Existing eight (8) inch water, eight (8) inch sanitary sewer, and 24 inch storm sewer infrastructure are in place and adequately sized for the site. The medical office utility and traffic demands are similar to the previous credit union, ensuring the rezoning will not cause traffic congestion, create drainage issues, or jeopardize public services.
- The Future Land Use Map designates the property as Suburban Residential; however, the property has been developed and continuously used for commercial purposes under its Planned Development District zoning since 1987, predating the adoption of the 2010 Comprehensive Plan. Section 2.1.A of the Comprehensive Plan provides that zoning applications beyond the ranges indicated on the Future Land Use Map may be reasonable in limited circumstances where projects further the intent reflected by the general guidance of the map or other goals, objectives, and policies of the plan. The requested PC-1 district maintains the established commercial character and intensity of the site, is consistent with the plan's location criteria for commercial sites adjacent to arterial streets, and the required site development plan review implements the plan's development criteria for buffering and transitions to the adjacent neighborhood.
- Denial of the request would preserve no identifiable public benefit, as the property is already commercially developed. Conversely, maintaining the restrictive 1986 PDD would deprive the owner of a reasonable, low-impact commercial use of an existing building. Therefore, the relative gain to the public from denying the rezoning is minimal compared to the hardship and reduction in value suffered by the property owner.
Section 3. Amendment. DISTRICT “PC-1”. The Zoning District Map of the City of Salina, Kansas is amended, and the site development plan for the Property is hereby approved.
Section 4. Conditions of Approval. Development and use of the Property shall be subject to the following conditions:
- Zoning District Regulations: The use of the property shall be limited to those permitted uses listed in the C-1 district regulations, and development shall be subject to all bulk and use limitations of the C-1 district.
- Variations and Modifications: As part of this site development plan, the applicant is granted the following specific variations from the standard requirements of the Salina Zoning Regulations:
- Landscape Buffers: A variation from Section 42-65(6) of the Zoning Regulations is granted to waive the required 15-foot landscaped buffer along the common property line where a nonresidential development is adjacent to a residential development (the eastern property boundary).
- Off-Street Parking Reduction: A variation is granted to reduce the required off-street parking from 25 spaces to 23 spaces.
- Additional Conditions:
- The project shall be completed in substantial conformance with the approved Site Development Plan prepared by M Squared Architects dated August 21, 2026.
- Any future exterior signage shall be submitted for separate review prior to installation and must strictly conform to the sign regulations applicable to the C-1 district.
- An approved site development plan shall expire if construction based on a valid building permit has not commenced within eighteen (18) months from the date of publication of the ordinance approving the Site Development Plan.
Section 5. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 6. 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 7. Effective date. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper.
Passed: October 12, 2026
Signed: October 12, 2026
Michael L. Hoppock, Mayor
ATTEST:
Nikki Goding, City Clerk