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5/19/2020 - Ordinance No. 20-11033 Establishes a 45-day temporary moratorium on future building permits in excess of 35 total building permits in Phases I and II of the Grand Prairie Addition commencing June 3, 2020

ORDINANCE NUMBER 20-11033

AN ORDINANCE ESTABLISHING A 45-DAY TEMPORARY MORATORIUM ON FUTURE BUILDING PERMITS IN EXCESS OF 35 TOTAL BUILDING PERMITS IN PHASE I AND II OF THE GRAND PRAIRIE ADDITION IN THE CITY OF SALINA, KANSAS, COMMENCING JUNE 3, 2020.

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

Section 1.  Findings.  The Governing Body makes the following findings:

  1. The 2003 International Fire Code (IFC), Appendix D, adopted by the City of Salina by reference was in effect when the plat of the Grand Prairie Addition (the “Addition”) was recorded on August 20, 2009.Section D107.1 of the IFC (2003 Edition) provides:

    Section D107.1   One-or two-family dwelling residential developments.

    Developments of one- or two-family dwellings where three number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3.

  2. Section D107.1 further provides two exceptions, the second of which reads:

    Exception 2.  The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official.

  3. There is to be constructed by the developer of the Addition an approved secondary emergency fire apparatus access road providing a connecting means of access to the Addition by public safety vehicles in satisfaction of the condition of the applicability of IFC Section D107.1, Exception 2, to the Addition;

(d)       Twenty-nine building permits have been approved for construction of homes in Phases I and II of the Addition in anticipation of construction of the secondary emergency fire apparatus access road by the developer in conjunction with development of the final phase of the Addition, now identified as Phase III;

(e)        A number of current residents of the Addition have expressed to the Governing Body public safety-based concerns regarding the design and timing of installation of the planned secondary emergency fire apparatus access road;

(f)        The Governing Body believes the public interest is best served by taking the opportunity to examine in further detail the nature of any public safety concerns relating to the design and timing of construction of the secondary emergency fire apparatus access road and to pursue with the developer satisfactory resolution of matters of the design and timing of construction of the secondary emergency fire apparatus access road as the developer ultimately fulfills its obligation to satisfy the condition of the applicability of IFC Section D107.1, Exception 2, to the Addition, i.e. construction of the approved secondary emergency fire apparatus access road in conformity with the IFC; and

(g)        The developer of the Addition has stated a willingness to cooperate with the City in working towards a satisfactory resolution of matters of the design and timing of the construction of the secondary emergency fire apparatus access road and has proposed that the 45-day temporary moratorium apply to future building permits in excess of 35 total building permits in Phase I and II of the Addition as the means of minimizing the potential for financial impact on individual vacant lot owners and the developer.

  1. Previous temporary moratoria, each 60 days in duration and for the same purpose, were adopted via Ordinance 20-11023 on January 27, 2020 and Ordinance 20-1131 on March 3, 2020.
  2. Due to extenuating circumstances presented by the outbreak of COVID19, including the cancelation of public meetings, actions related to the Grand Prairie Addition were not able to proceed within the duration of the temporary moratoria created by Ordinance 20-11023 and 20-1131.

Section 2.  Moratorium.  There is hereby established a 45-day temporary moratorium on future building permits in excess of 35 total building permits in Phase I and II of the Grand Prairie Addition commencing June 3, 2020.

Section 3.  Summary of Ordinance for Publication.  This ordinance shall be published by the following summary:

Ordinance No. 20-11033 Summary

            On May 18, 2020 the City of Salina, Kansas, passed Ordinance No. 20-11033.  The ordinance establishes an additional temporary moratorium of 45 days in duration on future building permits in excess of 35 total building permits in Phase I and II of the Grand Prairie Addition commencing June 3, 2020.  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 4.  Effective Date and Term.  This ordinance shall be in full force and effect for and after its adoption and summary publication once in the official city newspaper.

                                                            Introduced:     May 18, 2020

                                                            Passed:            May 18, 2020

                                                            Michael L. Hoppock, Mayor

[SEAL]

ATTEST:

Shandi Wicks, CMC, City Clerk

The publication summary set forth above is certified this ___ day of ______, 2020.

_________________________________

Greg A. Bengtson, City Attorney