ORDINANCE NUMBER 26-11304
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. Jeff Maes, on behalf of JIARONG LLC, has filed Application #ZMA26-007 requesting an amendment of the PC-3 (Planned Shopping Center) zoning applicable to the following described tract of real estate, including variations from the zoning regulations for maximum building height and front yard landscaping and approval of a site development plan for a hotel:
Lot One (1), Block One (1), Replat of Auburndale Addition to the City of Salina, Saline County, Kansas, less that portion added to Lot Seven (7), Block One (1), said portion being more particularly described as follows: Beginning at the Southeast corner of said Lot 7; thence on an assumed bearing of N 00°21'20" E along the East line of said Lot 7 a distance of 284.26 feet; thence N 44°40'55" W along said East line a distance of 14.13 feet to the Northeast corner of said Lot 7; thence S 89°43'10" E a distance of 194.26 feet; thence S 45°54'07" E a distance of 14.44 feet; thence S 00°21'20" W a distance of 286.27 feet to a point on the South line of said Lot 1; thence N 89°07'34" W along said South line a distance of 194.70 feet to the Point of Beginning (the “Property”).
The Property is being replatted as Lots 1 through 6, Block 1, Auburndale District Addition (Application #FP26-003). References in this ordinance to Lots 1 through 6 refer to the lots of the Auburndale District Addition as shown on that final plat.
Section 2. Findings. In relation to the Property, the Governing Body makes the following findings:
- The subject property lies within the established Auburndale planned commercial development on the South 9th Street commercial corridor, and development of the tract with commercial uses anchored by a hotel, including a second hotel within a development that already contains one, is consistent with the character of the neighborhood and the uses and zoning of nearby property.
- The property is suitable for development with the uses permitted under its existing PC-3 zoning; hotels and motels are permitted uses of the underlying C-3 district, and the requested amendment changes development standards and process for the new subdivision rather than the zoning classification or the range of permitted uses.
- Public facilities and services are available and adequate to serve the permitted uses, as established through agency review of the preliminary plat and site plan: adequate perimeter streets, looped water main extension, wastewater collection extension, three fire hydrants and fire apparatus access to the 75,000-pound standard with secondary emergency access, and conveyance of storm drainage to the existing regional detention basin sized for full build-out of the Auburndale development.
- The requested change conforms to the city’s comprehensive plan: the Future Land Use Map designates the property Commercial, and the proposal satisfies the plan’s commercial location and development criteria, including arterial corridor location, shared and combined access through the common area tracts and the existing Riffel Drive intersection, and no commercial traffic on residential streets.
- The replatting of the tract into the Auburndale District Addition makes the requested ordinance necessary as a mechanical matter: Ordinance No. 10-10550 provides no lot-by-lot site development plan mechanism, and the new ordinance supplies that framework while carrying forward the substance of the existing development limitations.
- The height variation arises from the property’s position within a planned commercial district approved with and developed around structures exceeding the base C-3 height, including a 50-foot standard on the Lowe’s site and a 46-foot standard on the existing hotel site, and the condition is not created by the applicant; strict application of the 40-foot limit would preclude the four-story hotel form and constitutes an unnecessary hardship; the variation will not adversely affect the rights of adjacent commercial and industrial property owners or the public health, safety, or general welfare; and a localized height increase on a single lot within a planned district whose purpose expressly contemplates deviations is not opposed to the general spirit and intent of the zoning regulations.
- Strict compliance with the required 1,754 sq. ft. landscaped front yard is not possible on Lot 5’s 87.7-foot internal-drive frontage once the lot’s single access drive crosses the front yard, a condition arising from the approved plat configuration and not created by the applicant. Reducing the required front yard landscaping to the area shown on the site development plan will not adversely affect adjacent owners or the public welfare, because the front yard faces an internal common area drive within an established commercial development rather than a public street, and the site development plan provides the required tree units and parking lot interior landscaping. The reduction is consistent with the purpose of planned commercial zoning to accommodate site-specific design through deviations from the underlying district regulations (Sec. 42-409.1).
- The proposed Home2 Suites site development plan for Lot 5 meets the zoning regulations as arranged under the proposed ordinance, including bulk regulations, off-street parking, signage, screening and landscaping (as modified by the front yard landscaping variation), and access and emergency access requirements, subject to the conditions of approval and the plan set corrections identified in the Planning Commission staff report.
- The Salina City Planning Commission conducted a public hearing on Application #ZMA26-007 on September 15, 2026. Following presentation of the staff report and comments from the applicant’s representatives, the Planning Commission voted 6-0 to recommend approval of the new PC-3 ordinance for the Auburndale District Addition, including a maximum building height of sixty (60) feet on Lot 5 and a reduction in the required front yard landscaping on Lot 5 to the landscaped front yard area shown on the site development plan, and voted 6-0 to recommend approval of the site development plan for the Home2 Suites hotel on Lot 5, each subject to the conditions set out in Section 5 of this ordinance.
Section 3. Amendment. DISTRICT “PC-3” PLANNED SHOPPING CENTER DISTRICT. The Property shall remain a part of DISTRICT “PC-3” Planned Shopping Center District on the Zoning District Map of the City of Salina, Kansas, with the “C-3” Shopping Center District as the underlying commercial zoning classification, subject to the conditions of this ordinance.
Section 4. Site Development Plan Approval. (a) Lot 5. The site development plan for the Home2 Suites hotel on Lot 5, including construction of the access drive on Lot 2, as shown on the Home2 Suites Site Development Plan for the Auburndale District Addition revised September 30, 2026, was filed concurrently with Application #ZMA26-007 in accordance with Secs. 42-409.4(c) and 42-409.17 and is hereby approved.
(b) Remaining lots. The applicant has requested that site development plan approval for the remaining development lots (Lots 3 and 4) be deferred for review on a lot-by-lot basis, in accordance with Sec. 42-409.4(c). Site development plan review and approval for those lots shall be the responsibility of the Planning Commission in accordance with Sec. 42-409.18.
Section 5. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions and limitations applicable to the “C-3” SHOPPING CENTER DISTRICT under Ordinance 8526, as amended and codified in Chapter 42 of the Salina Code, except as modified by this ordinance. Development of the Property shall be subject to and substantially conform to (a) the site development plan approved in Section 4(a), (b) the site development plan(s) approved by the Planning Commission for the remaining lots, and (c) the following conditions:
- Permitted and conditional uses shall be limited to those of the C-3 district, and development shall be subject to all C-3 bulk and use limitations except as modified by this ordinance. The signage and off-street parking limitations of Ordinance No. 10-10550 applicable to the Property shall be carried forward: freestanding signage shall be limited to one freestanding pylon sign per street frontage with up to two signs, a maximum sign area of 260 sq. ft. and a maximum sign height of forty (40) feet, with facade and wall signs subject to the C-3 sign regulations, and parking for retail uses shall be limited to five spaces per 1,000 sq. ft. of floor area unless an exception for additional parking is approved by the City Commission.
- The maximum building height on Lot 5, Block 1, Auburndale District Addition shall be sixty (60) feet. The maximum building height on the remaining lots shall be forty (40) feet, carried over from Ordinance No. 10-10550. Both are modifications of the thirty-five (35) foot maximum structure height of the C-3 district (Sec. 42-285(1)).
- The required landscaped front yard area for Lot 5 shall be reduced to the landscaped front yard area shown on the approved site development plan. This is a modification of the landscaped front yard requirement of Sec. 42-65(5)a.3.
- Development of Lot 5 shall conform to the approved site development plan, which is incorporated by reference.
- A final site development plan and final landscape plan for each remaining development lot shall be approved by the Planning Commission prior to the issuance of building permits for that lot.
- Approval of the site development plan establishes development entitlements only; it does not constitute or substitute for any building permit or sign permit. All signage requires a separate sign permit prior to installation, consistent with the approved plan.
- The applicant shall complete the plan set corrections identified in the Corrections and Outstanding Issues section of the September 15, 2026, Planning Commission staff report prior to submittal of the final site development plan for filing in the office of the Zoning Administrator (Sec. 42-409.19).
For purposes of applying the yard, landscaping, and sign regulations of the C-3 district, the front lot line and street frontage of each development lot (Lots 3, 4, and 5) shall be the lot’s boundary along the common area tracts (Lots 1 and 2), consistent with the final plat of the Auburndale District Addition.
Section 6. Repealer. Ordinance No. 10-10550 is hereby repealed insofar as it applies to the Property. Ordinance No. 10-10550 shall remain in full force and effect as it applies to all other property described therein. All other prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 7. 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 8. 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