ORDINANCE NUMBER 15-10797
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE PROPER USES THEREOF,
WHEREAS, all conditions precedent for the amendment of the Zoning District Map and the rezoning of certain property therein as hereinafter described have been timely complied with, SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. That the governing body finds from the evidence presented in relation to the requested change in zoning district classification:
- All conditions for the amendment of the City’s Zoning District Map and the rezoning of the Property have been fulfilled.
- The property cannot be developed under the current Agricultural zoning. Because of the water line and street improvements recently made on Ohio Street and the commercial zoning approved on the west side of Ohio Street and the southwest corner of the Stone Lake Addition, the northwest corner of the subject property is more suitable for commercial development than continued agricultural use or residential use. The remainder of the property is suitable for residential development once City water and sewer service are available.
- The Schilling Road – Ohio Street intersection is an intersection of two arterial streets which is a suitable location for commercial development within the context of a neighborhood center
- The subject site is adjacent to existing PC-5 zoning on the west and north and a change to PC-5 zoning would be compatible with the existing zoning pattern on the west side of Ohio Street. The Schilling Road ditch serves as a buffer zone between Stone Lake and Schilling Road and the proposed residential development area.
- This site is located in a Primary Growth Area for the city and needed public utilities and drainage improvements are in place or can be readily extended to serve this 27 acre site.
- The requested zoning change for the residential portion of the subdivision would be consistent with the city’s Comprehensive Plan which calls for future Suburban Residential-type development in this area.
- The requested zoning change would not be a inconsistent or in conflict with the Neighborhood Center designation in the City’s Comprehensive Plan if it is developed in accordance with Neighborhood Center development standards.
Section 2. AMENDMENT, DISTRICT “PC-5” PLANNED SERVICE COMMERCIAL DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to-wit:
Lot One (1), Block One (1), of the Ryan Addition to the City of Salina, Saline County, Kansas.
Section 3. CONDITIONS OF APPROVAL. The development and use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the “C-5”, SERVICE COMMERCIAL DISTRICT regulations, and any subsequently approved Neighborhood Center development standards. Development of the property shall be subject to the following conditions:
- Development of Lot One (1), Block One (1) shall be limited to apparel stores; appliance stores, sales and service; automobile sales, indoor sales office only; automotive parts; banks and financial institutions; barber shops; beauty shops; bicycle shops; boat sales; indoor sales office only; bookstores; business and professional offices; camera and photographic supply stores; carpet and rug stores; car washes; china and glassware stores; churches; chapels, temples; synagogues; cathedrals and shrines; contractor’s offices, not including outdoor storage yards; convenience stores, with or without car wash; florist shops; food stores and delicatessens; furniture stores; garden stores, indoor display and sales only; gasoline service stations; gift and souvenir shops; group day-care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the city’s adopted building code; hardware stores; hobby shops; hotels and motels; jewelry stores; leather and luggage stores; medical and dental clinics; music stores and musical instrument sales and repair; newsstands; office equipment and supply; optical sales; package liquor stores; paint and wallpaper stores; pharmacies; pet stores; radio and television sales and service; restaurants, including drive-in establishments, serving food or beverages to customers for consumption on the premises or in parked motor vehicles; self-service laundry and dry cleaning establishments; service and fraternal clubs and lodges; small animal hospitals; sporting good stores; truck sales, indoor sales office only; variety stores; YMCA, YWCA, and other similar organizations; accessory and temporary uses, as permitted by Article IV of Chapter 42; signs as permitted by Article X of Chapter 42; off-street parking and loading, as required by Article XI of Chapter 42 , and shall be subject to all bulk, use and signage limitations of the C-3 (Shopping Center) district.
- A final site development plan for Lot One (1), Block One (1) shall be approved by the City Commission prior to issuance of any building permits on the lot.
- Development of Lot One (1), Block One (1) including landscaping and signage, shall substantially conform to the approved site development plan and landscaping plan for the lot.
Section 4. AMENDMENT, DISTRICT “R-1” SINGLE FAMILY DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to-wit:
Lots Nineteen (19) through Twenty-Six (26), Block Two (2), Lots Six (6) through Nine (9), Block Three (3), Lots Ten (10) through Twenty-six (26), Block Four (4) and Lots One (1) through Thirteen (13), Block Five (5) in the Ryan Addition to the City of Salina, Saline County, Kansas.
shall become part of DISTRICT “R-1” SINGLE FAMILY RESIDENTIAL DISTRICT.
Section 5. AMENDMENT, DISTRICT “R-2” MULTIPLE FAMILY DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to-wit:
Lots One (1) through Eighteen (18), Block Two (2), Lots One (1) through Five (5) and Lot Ten (10), Block Three (3) and Lots One (1) through Nine (9), Block Four (4) shall become part of DISTRICT “R-2” MULTIPLE FAMILY RESIDENTIAL DISTRICT
Section 6.That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed.
Section 7. Summary of ordinance for publication. This ordinance shall be published by the following summary:
Ordinance No. 15-10797 Summary
On May 9, 2016, the City of Salina, Kansas, passed Ordinance No. 15-10797. The ordinance changes the zoning district classification of property located at the southeast corner of Schilling Road and South Ohio Street to PC-5 (Planned Service Commercial) and R-2 (Multi-Family Residential and R-1 (Single-Family Residential) to allow development of a new subdivision for single-family attached and detached dwellings with a 3 acre commercial lot at the corner. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 7. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper.
Introduced: August 24, 2015
Passed: May 9, 2016
Kaye J. Crawford, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney