ORDINANCE NUMBER 24-11208
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. Pastor Blaine Herron of Emmanuel Foursquare Church has filed Application #Z24-2 requesting a change in zoning district classification from R-1 (Single-Family Residential) to PC-3 (Planned Shopping Center) district in relation to the following described tract of real estate:
Lot 2, plus the South 22.87 ft. of vacated Claflin Avenue abutting Lot 2, Block 1 of the Lundberg Addition to the City of Salina, Kansas. (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;
- Section 42-409.2 of the Salina Code states that an application for Planned Commercial zoning may be filed at the discretion of the property owner and is required whenever an owner of the property located within a Neighborhood Center identified in the Comprehensive Plan applies for a rezoning from a non-commercial zoning classification to a commercial zoning classification.
- Based on the location and size of the Emmanuel Church property and its proximity to existing commercial development at the intersection of Cloud and Ohio, the property is suitable for limited commercial development and use.
- The Emmanuel Church site is adjacent to existing C-3 zoning, and limiting the addition of permitted C-3 uses on the Property to business and professional offices only, would not adversely affect the surrounding neighborhood or nearby properties.
- The Property conforms to the C-3 bulk regulations and development standards, except as to front yard parking and landscaping.
- Public facilities and services are currently adequate to support the current use of the Property and potential business and professional offices that may be added in the future. No expansion of the building is being proposed.
- The Property is accessible from public streets that are adequate to carry the traffic that will be imposed upon them by the use of the Property and the potential business and professional offices that may be added in the future.
- The Property identifies more closely with the Ohio Street Neighborhood Center than the adjacent Suburban Residential area to the south and east and a change to the Future Land Use map to include this Property into the Neighborhood Center is justified.
- The Planning Commission conducted a public hearing on the application requesting rezoning of the Property on May 7, 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-1 (Single-Family Residential) to PC-3 (Planned Shopping Center) as requested.
Section 3. Amendment. DISTRICT “PC-3” PLANNED SHOPPING CENTER DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT “PC-3” Planned Shopping Center District.
Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable[GB1] to the “C-3” SHOPPING CENTER 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(s) approved by the planning commission (“Site Development Plan(s)”) and (b) the following conditions:
- Zoning district regulations. Development and use of the Property shall be limited to churches, chapels, temples, synagogues and cathedrals as permitted principal uses and business and professional offices, group day care centers and schools as permitted accessory uses. The Property shall be subject to the bulk and use limitations of the C-3 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 modification to Section 42-552(d) of the Off-Street Parking Regulations and Section 42-65(5) of the Landscaping Regulations to allow one hundred percent (100%) of the front yard area along the East Cloud Street frontage to be covered by parking lot pavement.
- Site Development Plan conditions. Development of the Property shall be subject to any conditions imposed as a result of planning commission review and approval of the Site Development Plan(s) for the Property in the district; and
- Building permits. No building permits shall be issued for any tracts within the Property in the district until the Site Development Plan applicable to the tract has been approved by the planning commission.
- Signage. Signage shall be limited to one (1) ground sign not to exceed eight (8) feet in height and sixty (60) square feet in sign area and no more than four (4) individual wall signs. The total allowable wall sign area shall be subject to the C-3 district sign regulations.
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 publication.
Passed: June 3, 2024
Bill Longbine, Mayor
[SEAL]
ATTEST:
Nikki Goding, City Clerk