ORDINANCE NUMBER 22-11112
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 One (1) through Seven (7), Block One (1) of Long McArthur 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;
- Section 42-418.3 (i) of the Salina Code states that a Planned Commercial zoning is required on all applications for rezoning within South Ninth Street Corridor Overlay District; and
- The requested amended PC-5 zoning would be compatible with the zoning and uses of nearby property and consistent with the existing development pattern on the west side of this South 9th Street north of Water Well Road;
- The Long McArthur dealership and the Marshall Motor Company dealership properties are currently zoned PC-5, approving the requested amended PC-5 district would create one (1) unified zoning district that allows the full list of permitted uses within the South Ninth Street Corridor Overlay District for the entirety of the Long McArthur No. 3 Addition;
- Needed public utilities and streets are in place to serve the proposed redevelopment site and the site has full access from and to South 9th Street via a shared east-west access road that connects directly to South 9th Street;
- The requested zoning change conforms with the City’s Comprehensive Plan for this area which shows this as being in the commercial retail portion of the South 9th Street Corridor Overlay District.
- The applicant has a specific development plan for a portion of the Property.
The following finding supports approval of the site development plan for Lot 6, Block 1:
- The site development plan submitted for Quick Lane Service Center meets the development standards set out in Sec. 42-409.14 and Sec. 42-418.3 of the Salina Code.
Section 2. Amendment. DISTRICT “PC-5” PLANNED SERVICE COMMERCIAL DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT “PC-5” Planned Service Commercial District, subject to the conditions of approval set forth in section 3 of this ordinance.
Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the “CO” CORRIDOR OVERLAY 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 those permitted uses listed in the CO district regulations.The Property shall be subject to the bulk and use limitations of the CO and C-5 districts, 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:None.
- 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 comply with the C-5 district size limitations and the CO district height limitations, except that interstate oriented signs may be up to 50 ft. in height.
Section 4. Site Development Plan Approval. The site development plan for a Quick Lane Service Center as presented and incorporated as part of this ordinance (the “Site Development Plan”) is approved, subject to the additional conditions set forth in section 5 of this ordinance. A copy of the Site Development Plan shall be filed in the office of the zoning administrator.
Section 5. Additional conditions. Development and use of the Quick Lane Service Center site shall be subject to the following additional conditions:
- On site signage on Lot 6 shall be limited to one (1) ground sign with a maximum permitted sign area of 130 square feet and a maximum sign height of 20 feet. Facade or wall signs shall be subject to the C-5 sign regulations.
- The applicant shall submit a Landscape Planting Plan clarifying the location, types and varieties of plantings being proposed. The Landscape Planting Plan shall have at least 8 tree units located in the front yard setback areas directly West of South 9th Street and directly west of the north-south frontage road.Landscaping on the west 205 ft. of Lot 6, Block 1 may be deferred until it is developed.
- A KDHE storm water permit (Notice of Intent) shall be required for this project. A copy of KDHE’s approval letter must be provided to the city engineer and a local land disturbance permit must be applied for and issued prior to commencing any earthwork on the site.
- A site drainage plan must be reviewed and approved by City of Salina engineering staff, confirming that the majority of the site drainage is directed to the detention pond located west of this property on Lot 5, Block 1 prior to issuance of a building permit.
- 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 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 with fire hydrants and sewer lines shall be installed in a dedicated 20 ft. wide utility easement. Public water and sewer infrastructure shall be constructed per City of Salina standards and specifications.
- An all-weather surface capable of supporting at least 75,000 pounds must be constructed to provide access to Lot 6 prior to construction commencing on the proposed Quick Lane Service Center.
- All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved site development plan shall be completed prior to occupancy of the building and shall be the responsibility of the applicant.
- The project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference.
- A building permit for this project shall be obtained within 18 months of site plan approval
Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code Sec. 42-409.19, if construction based on a valid building permit has not been commenced within the deadline of eighteen (18) months from the date of publication of this ordinance or as extended by the board of commissioners for a specified length of time not to exceed one (1) additional year, the Site Development Plan shall expire and be revoked and no building permits shall be issued in relation to the Quick Lane Service Center site unless and until a new site development plan has been approved by the board of commissioners.
Section 7. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 8. Effective date; publication summary. 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. 22-11112 Summary
On May 16, 2022, the City Commission passed Ordinance No. 22-11112. The ordinance changes the zoning district classification of property located on the west side of South 9th Street north of Water Well Road to PC-5 Planned Service Commercial District to allow commercial development of the site and approves a site development plan for a Quick Lane Service Center on a portion of the property, subject to certain conditions and approval of deferred Site Development Plan(s) for the remainder of the property. 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: May 9, 2022
Passed: May 23, 2022
Trent W. Davis, M.D., Mayor
JoVonna A. Rutherford, City Clerk