News Releases

7/22/2022 - Ordinance No. 22-11124

ORDINANCE NUMBER 22-11124

 

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:

 

            A portion of Tract 6 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 more particularly described as follows:

 

Beginning at the Southwest Corner of said Tract 6, said point being 50 feet east of the Northwest corner of Meadowlark Acres Addition No. 2; thence on a platted bearing of North 00 degrees 15’54” east on the west line of said Tract 6, a distance of 196.26 feet to the Northwest corner of said Tract 6; thence on the north line of said Tract 6; on a curve to the right, having a radius of 19.50 feet, an arc length of 12.40 feet, a chord bearing North 72 degrees 01’17” East, and a chord distance of 12.20 feet; thence South 89 degrees 45’ 19” East continuing on said North line, a distance of 216.46 feet; thence continuing on said North line, on a curve to the right having a radius of 19.50 feet, an arc length of 25.53 feet, a chord bearing of South 52 degrees 14’ 31” East, and a chord distance of 23.75 feet, to the Northeast corner of said Tract 6: thence on the East line of said Tract 6, on a curve to the left, having a radius of 436.50 feet, an arc length of 97.36 feet, a chord bearing of South 21 degrees 07’06” East, and a chord distance of 97.15 feet; thence South 00 degrees 10’51” West a distance of 266.82 feet to a point on the southerly line of said Tract 6; thence North 74 degrees 45’30” west on said southerly line, a distance of 196.69 feet; thence continuing on said southerly line, on a curve to the right, having a radius of 125.00 feet, an arc length of 163.68 feet, a chord bearing of North 37 degrees 14’48” West, and a chord distance of 152.23 feet to the point of beginning, as set forth in lot split application filed for record September 18, 2015 in Book 1302, Page 1449. (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. While the existing PDD(C-3) zoning is a suitable zoning classification for the Property because of its proximity to South 9th Street and Central Mall, this site is also suitable for limited PDD(C-5) development if uses on the Property are limited to car washes plus uses permitted in the C-3 district.

     

  2. Rezoning the Property from PDD(C-3) zoning district to PDD(C-5) zoning district would allow the property owner to redevelop the Property as a car wash and put the vacant property back into productive use.

     

  3. The requested PDD(C-5) zoning would be compatible with the zoning of nearby property to the south and west and be consistent with the existing zoning and development pattern along the South 9th Street Corridor.

     

  4. Needed public utilities and streets are in place to serve the Property.

     

  5. The Property is located within the boundary of the Commercial land use designation, so the requested C-5 zoning of the Property is supported by the Future Land Use Plan map.

 

Section 2.  Amendment.  DISTRICT PLANNED DEVELOPMENT C-5 (Service Commercial). The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT C-5 (Service Commercial) 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:

 

  1. Zoning district regulations.Development and use of the property shall be limited to the uses permitted in the C-3 (Shopping Center) district, plus car washes, 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.

     

  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. None.

     

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

 

  1. A site drainage plan must be submitted, reviewed and approved by the City Engineer, confirming that the majority of the site drainage will be directed to the Central Mall detention pond via the subdivision storm sewer system prior to the issuance of a building permit.

     

  2. Signage on the Property shall be limited to a single monument sign not exceeding 8 ft. in height and wall signs as allowed in the C-3 district.

     

  3. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the amended final development plan shall be completed prior to occupancy of the car wash building and shall be the responsibility of the property owner.

     

  4. The car wash 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.

     

  5. A building permit for this project must be obtained within 18 months of development plan approval or approval of the amended final development plan shall expire.

 

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. 21-11124 Summary

 

On July 18, 2022, the City Commission passed Ordinance No. 21-11124.  The ordinance changes the zoning district classification of a portion of a Central Mall outlot on the east side of South 9th Street, which is the planned site of a new car wash, from PDD(C-3) Planned Development Shopping Center District to PDD(C-5) Planned Development Service Commercial 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:     July 11, 2022

Passed:            July 18, 2022

 

Trent W. Davis, M.D., Mayor

 

ATTEST:

 

JoVonna A. Rutherford, City Clerk