ORDINANCE NUMBER 14-10753
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526 THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE AMENDMENT AND RESTATEMENT OF THE CONDITIONS OF USE OF CERTAIN PROPERTY WITHIN THE CITY AND REPEALING SECTION 2 OF ORDINANCE NUMBER 04-10252.
WHEREAS, on August 16, 1976 the Governing Body of the City of Salina approved Ordinance No. 8505 rezoning Lots One (1) through Ten (10), Block Eight (8) of the Georgetown Addition to the City of Salina, Saline County, Kansas to P.D.D. PLANNED DEVELOPMENT DISTRICT to allow development of a neighborhood shopping center to be known as Georgetown Village Place; and
WHEREAS, on April 18, 1978 the Salina Planning Commission approved a final development plan for Georgetown Village Place, which included plans for a construction of a convenience store on Tract One (1) of the development plan; and
WHEREAS, on May 25, 1979 the Building Official for the City of Salina issued a building permit for the construction of a 2,744 square foot Kwik Shop convenience store on Tract One (1) (the “Kwik Shop Tract”), which was required to be constructed in accordance with the architectural restrictions applicable to the PLANNED DEVELOPMENT DISTRICT, including brick construction, a wood mansard and wooden shake shingles; and
WHEREAS, on June 14, 1993, the Governing Body of the City of Salina approved Ordinance No. 93-9572 which amended the PLANNED DEVELOPMENT DISTRICT by rezoning the North One Hundred Five Feet (105’) of Lots 1 and 2, Block 8 from C-2 (Neighborhood Shopping) to R-2 (Multi-Family Residential) but kept the remaining Conditions of Approval in place; and
WHEREAS, on December 13, 2004 the Governing Body of the City of Salina approved Ordinance No. 04-10252, which (a) amended the City’s Zoning District Map to rezone the Kwik Shop Tract, legally described as follows:
All of Lot Nine (9), Block Eight (8), except the East 179.48 feet thereof, and that part of Lot Seven (7), Block Eight (8) more particularly described as follows:
Beginning at a point on the South line of Lot Seven (7) 179.48 feet West of the East line of Lot Seven (7), thence North and parallel with the East line of Lot Seven (7) 46.62 feet, thence West and parallel with the South line of Lot Seven (7) 146.55 feet to the West line of Lot Seven (7), thence along the West line of Lot Seven (7) on a curve to the left having a radius of 460.98 feet, an arc distance of 50.01 feet, said curve having a long chord of 49.99 feet to the SW corner of Lot Seven (7), 164.02 feet back to the point of beginning, all in Georgetown Addition to the City of Salina, Saline County, Kansas, the above described tract also being known as Tract One (1) of the Georgetown Village Place Planned Development District,
as part of an amended District “PDD”. Planned Development District; (b) restated the conditions of approval; and (c) in restating the conditions of approval eliminated the architectural restrictions of the Georgetown Village Place PDD as they applied to Kwik Shop gas canopy and signs, but kept the remaining Conditions of Approval in place; and
WHEREAS, on July 20, 2009 the Governing Body of the City of Salina approved Ordinance No. 09-10507 which amended the PLANNED DEVELOPMENT DISTRICT by rezoning all of the Georgetown Village Place PDD from C-2 (Neighborhood Shopping) to R-2 (Multi-Family Residential) to allow townhome development except for Tract One (1) (the Kwik Shop Tract), Tract Two (2) (the Bucher Willis Ratliff/Lochner Group tract) and a portion of Lot 9, Block 1 of the Georgetown Addition to the City of Salina, Saline County, Kansas fronting on Crawford Street.
WHEREAS, the owner of Tract One (1) of the Georgetown Village Place Planned Development District has requested that the remaining architectural restrictions applicable to Tract One (1) be repealed in their entirety, and
SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. That the Governing Body makes the following findings:
1. The Georgetown Village Place shopping center originally proposed in 1976 will never be developed, as proposed.
2. The architectural restrictions applicable to the Kwik Shop Tract no longer serve their original purpose.
Section2. Amendment and Restatement of Conditions of Approval. The conditions of approval for the use of the amended District “PDD” Planned Development District legally described and identified above as the Kwik Shop Tract as set forth in Section 2 of Ordinance No. 04-10252 are amended to provide, as follows:
The use of the Kwik Shop Tract shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the PLANNED DEVELOPMENT DISTRICT. Development and use of the property shall be subject to the plans on file with the City Planning Commission and/or City Clerk and the following conditions, to-wit:
A. The only uses permitted on the property shall be convenience stores and the permitted uses listed in Section 2 of Ordinance Number 93-9572.
B. Signage on Tract One (1) shall be limited to one (1) pole sign along Crawford Street and wall signs on the building and gas island canopy in accordance with the regulations governing signage in the C-3 district.
C. Any architectural changes to the roofline and the exterior of the convenience store building on Tract One (1) proposed by the owner shall be submitted to the Planning Commission for review to insure they are compatible with the surrounding neighborhood.
D. Development and use of Tract One (1) shall substantially conform with the final development plan approved by the Planning Commission and on file with the Zoning Administrator.
Section 3. Repealer. Section 2 of Ordinance No. 04-10252 is hereby repealed.
Section 4. Summary of ordinance for publication. That 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. 14-10753 Summary
On October 13, 2014, the City of Salina, Kansas passed Ordinance No. 14-10753. The ordinance amends the conditions of approval for the use of the amended district PDD Planned Development District as they apply to the site of the Kwik Shop convenience store at 657 Fairdale Road. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 5. Effective date. This ordinance shall be in full force and effect from and after its adoption and publication by summary once in the official city newspaper.
Introduced: October 6, 2014
Passed: October 13, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney