ORDINANCE NUMBER 23-11142
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 75, 77, 79, 81 and 83 on Highland Avenue, in the Grounds of Kansas Wesleyan University, an addition 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;
- The Property is more suitable for multi-family university student housing than single-family and two-family residential uses allowed by the current R-2 zoning district due to its proximity to the main KWU campus.
- The rezoning request area is adjacent to existing U zoned property to the east and R-2 property to the south, so the requested PDD (R-2) zoning would be compatible with the zoning and uses of nearby properties and serve as a transition buffer between the U zoning of KWU’s main campus and the nearby residential properties.
- Needed public utilities and streets are already in place to serve the needs of the rezoning request area.
- The Property is located within an Urban Residential land use area and the proposed zoning and residential density is supported by the Future Land Use Plan map in the Comprehensive Plan.
Section 2. Amendment. PLANNED DEVELOPMENT DISTRICT R-2 (Multi-Family Residential). The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property, as part of PLANNED DEVELOPMENT DISTRICT R-2, subject to the conditions of approval set forth in Section 3.
Section 3. Conditions of Approval. Use of Lots 75, 77, 79, 81 and 83 on Highland Avenue 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 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:
- Zoning district regulations.Development and use of the Property shall be limited to the uses permitted in the R-2 (Multi-Family Residential) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the R-2 (Multi-Family Residential) 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 reduction in the required front yard building setback of 15 ft. along Claflin Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 10 ft. to allow student dwelling units to be located within 10 ft. of the Claflin Avenue property line. Section 42-175(2)a.1.A.
- A reduction in the required front yard building setback of 10 ft. along Highland Avenue from 25 ft. (the minimum front yard setback required in the R-2 district) to 15 ft. to allow student dwelling units to be located within 15 ft. of the Highland Avenue property line. Section 42-175(2)a.1.A.
- A reduction in the required minimum separation distance between two (2) dwelling units of five (5) ft. from 15 ft. (the minimum side yard separation distance between two residential structures) to 10 ft. to allow student dwelling units to be separated by a distance of 10 ft. Section 175(2)b.1.
- A variation to the number of principal residential dwelling units permitted on a single zoning lot from one (1) principal residential dwelling unit per zoning lot ten (10) principal residential dwelling units. Section 42-61(a).
- Additional conditions.Development and use of the Property shall be subject to the following additional conditions:
- 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 (Multi-Family Residential) district, except as enumerated in sub-point 2 above.
- The property owner shall submit a revised Landscape Planting Plan showing the location, types and varieties of the specific plantings being proposed for Phase I and Phase IA for staff to review prior to issuing a building permit. The revised Landscape Planting Plan shall show the location of all proposed front yard landscaping being located within the front yard setback area on the Property. Landscaping on the Phase IA portion of the Property may be deferred until it is developed.
- All landscaping, sidewalk, circulation, parking, fencing and other improvements shown on the approved final development plan shall be completed prior to occupancy of the dwelling units and shall be the responsibility of the property owner.
- The 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.
- A building permit for this project shall be obtained within 18 months of site plan approval.
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. 23-11142 Summary
On January 23, 2023, the City Commission passed Ordinance No. 23-11142. The ordinance changes the zoning district classification of property located at the southwest corner of Highland Avenue and Claflin Avenue as legally described in the ordinance to PDD R-2 (Planned Development District with underlying zoning of Multiple Family Residential) to allow the construction of the Coyote Row student housing village consisting of 10 dwelling units for Kansas Wesleyan University students and outlines the findings of the City Commission in support of the change in zoning. 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: January 9, 2023
Passed: January 23, 2023
Michael L. Hoppock, Mayor
JoVonna A. Rutherford, City Clerk