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Ordinance No. 24-11192

Salina, KS  | Official Website News Image

1/10/2024 8:52:00 AM

ORDINANCE NUMBER 24-11193

                                                                                                

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 Destination Development, LLC, has filed Application #Z23-10 requesting a change in zoning district classification from Saline County AG to R-3 (Multi-Family Residential) in relation to the following described unplatted tract of real estate:

            

A parcel of land located in the Northwest Quarter of Section 35, Township 14 South, Range 3 West of the 6th Principal Meridian, Saline County, Kansas, more particularly described by Roger B. Dill, Kansas PS-1408 on September 28, 2023 as follows:

 

Beginning at the Southeast corner of Lot 1, PREMIER ADDITION, a subdivision in the City of Salina, Saline County, Kansas, as described in Plat Book A15, Page 18, recorded in the office of the Register of Deeds, Saline County, Kansas, said point being on the West line of MAGNOLIA COMMONS ADDITION, a subdivision in said City of Salina, as described in Plat Book A15, page 16, recorded in the office of the Register of Deeds, Saline County, Kansas; thence along said West line, South 00°05'26" East a distance of 1076.46 feet; thence departing said West line, South 89°54'34" West a distance of 147.72 feet; thence northerly, along a non-tangent curve to the left having a radius of 900.00 feet a chord bearing of North 22°27'45" West, and a chord length of 254.30 feet for a distance of 255.15 feet; thence North 30°35'04" West a distance of 382.00 feet; thence northerly, along a tangent curve to the right having a radius of 556.00 feet a chord bearing of North 17°46'23" West, and a chord length of 246.58 feet for a distance of 248.64 feet; thence North 89°55'28" West a distance of 185.70 feet; thence North 00°00'00" East a distance of 398.58 feet; thence North 89°25'29" East a distance of 184.05 to a point on the West line of said Lot 1, PREMIER ADDITION; thence South 00°34'31" East, along said West line, a distance of 121.98 feet to the Southwest corner thereof; thence South 89°55'28" East, along the South line of said Lot 1, a distance of 513.25 feet to the Point of Beginning, containing 487,723 square feet, or 11.197 acres, more or less. (the “Property”)

 

Section 2.   Findings.  In relation to the Property, the Governing Body makes the following findings:

 

  1. All conditions precedent for the amendment of the City’s Zoning District Map and the rezoning of the Property, with the exception of platting, have been timely met; 
  2. Although street connectivity is currently lacking in this area, the Property is located in proximity to the K-State Salina campus and the Airport Employment Area;
  3. The physical attributes of the Property and the availability of the public utilities needed to serve the proposed apartment development make the Property suitable for multi-family residential development;
  4. The proposed apartment development would conform with the City’s R-3 (Multi-Family Residential) zoning requirements. Building height, landscaping and signage would be reviewed at the time of building permit submittal and conformance with the R-3 zoning development standards would be confirmed as part of building permit review;
  5. The Property meets the locational criteria for multi-family housing because it has access from an arterial street (Magnolia Road), access to existing public utilities that can support the development and the proposed apartment development meets the R-3 density limitations. Based on the existing topography, access to utilities and proposed street access, the Property could be feasibly developed with multi-family housing and the proposed housing development would not adversely affect and/or harm the living conditions, value, use and potential development of adjacent properties or the surrounding neighborhood because it is adjacent to commercial development on the east and north and is buffered by West Dry Creek on the west.
  6. The traffic study provided with this rezoning request shows that the additional 250 units being proposed for this development will result an additional 1,678 vehicle trips per day on Virginia Drive. The proposed housing development would not lead to increases in local traffic congestion or result in the need for major street improvements; 
  7. Adequate public utilities are in place and can be readily extended to serve the proposed housing project. 
  8. The requested R-3 zoning conforms with the Urban Residential land use designation in the City’s Comprehensive Plan.
  9. The Planning Commission conducted a public hearing on the application for rezoning the Property on December 5, 2003, after which the Planning Commission voted 5-0 to recommend that the Zoning Map of the City of Salina be amended to change the zoning classification of the Property from Saline County AG (Agricultural) to R-3 (Multi-family Residential) as requested, subject to satisfactory platting of the Property.

 

Section 3.   Subject to Platting.  As required by Salina Code Sec. 42-8 and consistent with the recommendation of the Planning Commission, amendment of the Zoning Map of the City of Salina to change the zoning classification of the Property from Saline County AG (Agricultural) to R-3 (Multi-family Residential) shall be subject to the precondition of platting of the Property in compliance with the City’s subdivision regulations (a) within one year from the date of publication of this ordinance or (b) if granted by the planning commission in advance, within one extension period not exceeding six months. If platting is not completed within the specified time, the planning commission shall recommend appropriate action to the governing body.

 

Section 4.   Amendment.  DISTRICT “R-3”.  Subject to satisfaction of the precondition set forth in Section 3 above, the Zoning District Map of the City of Salina, Kansas shall be amended to rezone the Property as part of DISTRICT “R-3” MULTIPLE FAMILY RESIDENTIAL DISTRICT as of the date of the Mayor’s authorized endorsement of the plat.

 

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 satisfaction of the precondition set forth in Section 3 above as of the date of the Mayor’s authorized endorsement of the plat. 

                                                                                    

Passed:             January 8, 2024 


Michael L. Hoppock, Mayor

 

[SEAL]

ATTEST:


Nikki Goding, City Clerk

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1/17/2024
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