ORDINANCE NUMBER 21-11085
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. Findings. In relation to the following described real estate:
Tracts 3, 4 and 5 in the Amended Final Development District Plan, in the Central Mall Subdivision, a replat of a replat of a portion of Meadowlark Acres Addition No. 3 to the City of Salina, Saline County, Kansas. (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;
- Because of its proximity to the South 9th Street and Magnolia Road intersection, the Property is more suitable for PDD (C-3) zoning district uses, including hotels, than professional and business offices and other PDD (C-1) zoning district uses.
- The requested PDD (C-3) zoning would be compatible with the zoning of nearby property to the north and west and consistent with the existing development pattern on the north side of Magnolia Road.
- Four (4) stories and a 47.50 ft. building height are needed to have a viable hotel project.
- Needed public utilities and streets are in place to serve the proposed hotel development site.
- The Property is located within the boundary of the Commercial land use designation, so the requested C-3 zoning of the Property is supported by the Future Land Use Plan map.
- The current PDD (C-1) zoning district has limited the development options on the Property to the point that it has remained vacant since the Central Mall was originally constructed in the 1980’s.
Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT C-3 (Shopping Center). The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT C-3 PLANNED DEVELOPMENT.
Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to planned development districts 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 amended final development plan approved by the planning commission, incorporated as part of this ordinance, and on file with the zoning administrator and/or city clerk and (b) the following conditions:
- Zoning district regulations.Development and use of the property shall be limited to the uses permitted in the C-3 (Shopping Center) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the C-3 (Shopping Center) district, except as enumerated in sub-point 2 below.
- Variations and modifications.Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows:
- A modification of the thirty-five foot (35’) building height limitation in the C-3 district to allow a building with a height of forty-seven feet 8 inches (47’8”) to be constructed on the property.
- Additional conditions.Development and use of the Property shall be subject to the following additional conditions:
- A site drainage plan must be submitted, reviewed and approved by the City Engineering, confirming that the majority of the site drainage will be directed to the Central Mall PDD detention pond via the subdivision storm sewer system prior to the issuance of a building permit.
- The Base (100 Year) Flood Elevation (BFE) for this property is 1239 ft.The lowest floor elevation of any building constructed on this lot shall be at least one (1) ft. above the BFE (at least 1240 ft.).An Elevation Certificate prepared by a Kansas licensed surveyor, confirming that the finished floor elevation and lowest adjacent grade next to the building are at least one (1) ft. above the BFE must be submitted for review and approval prior to beginning vertical construction.
- Signage on Tracts 3, 4 and 5 shall be limited to a single monument sign not exceeding 8 ft. in height and wall signs as allowed in the C-3 district.
- All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the amended final development plan shall be completed prior to occupancy of the hotel building and shall be the responsibility of the property owner.
- The property owner shall be responsible for making physical modifications to the Century Plaza Drive – Magnolia Road intersection to provide designated turn lanes for exiting vehicles. The intersection improvements must be completed prior to the issuance of a Certificate of Occupancy for the hotel building.
- The hotel project shall be completed in substantial conformance with the approved final development plan, landscape plan and associated building elevation drawings which are hereby incorporated by reference.
Section 4. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 5. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper.
Ordinance No. 21-11085 Summary
On October 18, 2021, the City Commission passed Ordinance No. 21-11085. The ordinance changes the zoning district classification of three (3) Central Mall out lots on the north side of Magnolia Road which are the planned site of a new Atwell Suites hotel from PDD(C-1) Planned Development Restricted Business District to PDD(C-3) Planned Development Shopping Center District. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City’s legal counsel.
Introduced: October 11, 2021
Passed: October 18, 2021
Melissa Rose Hodges, Mayor
JoVonna A. Rutherford, City Clerk