News Releases

12/10/2021 - Ordinance No. 21-11080

ORDINANCE NUMBER 21-11080

 

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:

 

            Lots 1-9 in Block 1 and Lots 1-4 in Block 2 of the Lakeview Estates Addition No. 2 an addition to the City of Salina, Saline County, Kansas. (“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 have been timely met;

 

  1. Ohio Street is an arterial street which is a suitable location for an assisted living facility and limited office development.

     

  2. The remainder of the Property is more suitable for higher density residential development than continued agricultural use now that City water and sewer service are available and street improvements have been made to Ohio Street.

     

  3. The Property is adjacent to existing PDD R-2 zoning on the west and PDD R-2.5 and PDD C-1 on the north and a change to PDD R-2.5 and C-1 facing Ohio Street would be compatible with the existing zoning pattern on Ohio Street. Approval of C-1 zoning along Ohio would serve as a buffer zone between future residential development to the east and a heavily traveled arterial street.

     

  4. The Property is located in a Primary Service Area for the city and needed public utilities and drainage improvements are in place or can be readily extended to serve this 34 acre site.

     

  5. The requested zoning changes would be consistent with the Urban Residential land use designation for this Property in the City’s Comprehensive Plan.

 

Section 2. Amendment.  DISTRICT PLANNED DEVELOPMENT R-2.5 (Multi-Family Residential). The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 1-3, Block 1, Lakeview Estates Addition No. 2 (“Lots 1-3, Block 1”), as part of DISTRICT R-2.5 PLANNED DEVELOPMENT, subject to the conditions of approval set forth in Section 3.

 

Section 3.  Conditions of Approval.  Use of Lots 1-3, Block 1 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 Lots 1-3, Block 1 shall be subject to and substantially conform to (a) the development plan approved by the city commission, incorporated as part of this ordinance, and on file with the zoning administrator and/or city clerk and (b) the following conditions:

 

  1. Zoning district regulations.Development and use of Lots 1-3, Block 1 shall be limited to the uses permitted in the R-2.5 (Multi-Family Residential) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the R-2.5 (Multi-Family Residential) district, except as enumerated in sub-point 2 below.

     

  2. Variations and modifications.Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows: None.

     

  3. Additional conditions.Development and use of the Property shall be subject to the following additional conditions:

 

  1. Development and use of the Property shall be limited to and shall be subject to all bulk regulations, use limitations and sign regulations applicable to the R-2.5 (Multi-Family Residential) district.
  2. Design plans for the public water and sewer line extensions must be prepared by a Kansas licensed professional engineer and submitted for review to the Utilities Director and City Engineer.Upon approval by the Utilities Director and City Engineer, the final plans shall be submitted to the Kansas Department of Health and Environment (KDHE) for review and approval. Installation of the public water and sewer lines shall not commence prior to approval by KDHE. An operational water system shall be in place prior to vertical construction of the building. All public water lines and fire hydrants and sewer lines shall be installed in a dedicated twenty foot (20’) utility easement. Public water and sewer infrastructure shall be constructed in conformance with City of Salina Standards and Specifications.

     

  3. The developer shall submit a revised preliminary development plan for Lot 1, Block 1 containing all noted technical corrections prior to consideration of a final development plan by the Zoning Administrator. Identified revisions include:

     

    1. The preliminary development plan shall be revised to provide 33 tree units in the front yard setback areas along Ohio Street and Lake Way Drive.

     

    1. The preliminary development plan shall be revised to show a 12 ft. sidewalk running along the east side of the building capable of supporting 75,000 pounds in order for fire apparatus to have access to the north and east sides of the building.

     

    1. To serve the proposed assisted living facility with adequate fire protection, the preliminary development plan shall be revised to show a fire hydrant on the west side of the building and a second fire hydrant on the southeast side of the building.Each fire line extension must be located within a dedication public utility easement (at least twenty feet (20’ wide).

     

    1. The preliminary development plan and infrastructure design plans shall be revised to show the location of the proposed fire hydrants in the public right-of-way along Lake Way Drive.

       

  4. A final development plan for Phase I of the Cedarhurst of Salina development shall be submitted to and approved by the Zoning Administrator prior to issuance of a building permit. The final site development plan for Phase I shall be in substantial conformance with the approved preliminary development plan. Plans for landscaping, sidewalks, parking lot drainage, signage, site lighting and dumpster enclosures shall be shown on the final development plan.
  5. A final development plan for Phase II (Lot 2, Block 1) and Phase III (Lot 3, Block 1) of the Cedarhurst of Salina development shall be submitted to and approved by the Planning Commission prior to issuance of any building permits.
  6. A final plat for Lakeview Estates Addition No. 2 shall be submitted and approved prior to final approval of the planned development district.
  7. Development of Lot 1, Block 1 shall be completed in substantial conformance with the approved final development plan, landscape plan and associated and building elevation drawings, including exterior building materials, which are hereby incorporated by reference.

 

Section 4.  Amendment.  DISTRICT PLANNED DEVELOPMENT R-2 (Multi-Family Residential). The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 4-9, Block 1, Lakeview Estates Addition No. 2 (“Lots 4-9, Block 1”) as part of DISTRICT R-2 MULTIPLE FAMILY RESIDENTIAL, subject to the conditions of approval set forth in Section 5.

 

Section 5.  Conditions of Approval. Use of Lots 4-9, Block 1 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 approved development plans on file with the zoning administrator and/or city clerk and (b) the following conditions:

 

  1. Zoning district regulations. Development and use of the property shall be limited to the uses permitted in the R-2 (Multiple-Family Residential) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the R-2 (Multiple-Family Residential) district except as enumerated in sub-point 2 below.

     

  2. Variations and modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows:
    1. A modification to the required front yard building setback in the R-2 district from twenty-five feet (25’) to twenty feet (20’) from Evening Bay Drive.

       

  3. Additional conditions. Development and use of Lots 4-9, Block 1 shall be subject to the following additional conditions: None

 

Section 6. Amendment. DISTRICT C-1. The Zoning District Map of the City of Salina, Kansas is amended to rezone Lot 1, Block 2, Lakeview Estates Addition No. 2 as part of DISTRICT “C-1” RESTRICTED BUSINESS.

 

Section 7. Amendment. DISTRICT R-2.5. The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 2 and 3, Block 2, Lakeview Estates Addition No. 2 as part of DISTRICT “R-2.5” MULTIPLE FAMILY RESIDENTIAL.

 

Section 8. Amendment. DISTRICT R-1. The Zoning District Map of the City of Salina, Kansas is amended to rezone Lot 4, Block 2, Lakeview Estates Addition No. 2 as part of DISTRICT “R-1” SINGLE-FAMILY RESIDENTIAL.

 

Section 9.  Repealer.  All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.

 

Section 10.  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. 21-11080 Summary

 

On December 6, 2021, the City Commission passed Ordinance No. 21-11080.  The ordinance changes the zoning district classification of a 34 acre tract of land located on the east side of South Ohio Street south of Magnolia Road from Saline County AG to PDD R-2.5, PDD R-2, R-2.5 and C-1 to allow development of an assisted living facility, multi-family residential housing and office uses on the site. 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:            December 6, 2021

                                                                                    ___________________________________

Melissa Rose Hodges, Mayor

[SEAL]

ATTEST:

______________________________

JoVonna A. Rutherford, City Clerk