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5/3/2016 - Ordinance No. 16-10833 Kansas Wesleyan University PDD

ORDINANCE NUMBER 16-10833

 

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 BY APPROVING AN AMENDED SITE DEVELOPMENT PLAN FOR KANSAS WESLEYAN UNIVERSITY’S SPORT COMPLEX THAT INCLUDES THE CLOSURE AND ELIMINATION OF THE EAST SIDE OF SOUTH FOURTH STREET AND AMENDING THE CONDITIONS OF APPROVAL SET FORTH IN SECTION 3 OF ORDINANCE NUMBER 13-10723 APPLICABLE TO THE PDD (U) DISTRICT ON THE BLOCK BOUNDED BY THE UNION PACIFIC RAILROAD TRACKS ON THE WEST, CLAFLIN AVENUE ON THE NORTH, OSBORNE STREET ON THE EAST AND CLOUD STREET ON THE SOUTH AS SET FORTH IN SECTION 3 BELOW.

 

BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:

 

Section 1.  Findings. In relation to the following described real estate:

 

Lot One (1), Block One (1) Kansas Wesleyan University Sports Complex 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. Kansas Wesleyan University is an important institution in the city of Salina and the continued growth and development of its campus is important for the future of Salina;

     

  2. The block bounded by South Fourth Street, Claflin Avenue, Osborne Street and Cloud Street has been the home to athletic facilities serving Kansas Wesleyan University for over 70 years and this property has been shown to be suitable for development of uses permitted under the existing U (University) zoning, which includes university athletic fields;

     

  3. Kansas Wesleyan University owns the entire east side of the Fourth Street frontage between Claflin Avenue and Cloud Street and no other property owner would be directly affected by the closure of the east side of the street;

     

  4. The closure of Fourth Street would enhance the safety of pedestrians traveling between the main campus and Graves Family Athletic complex;

     

  5. Kansas Wesleyan’s plans for the area proposed to be closed and vacated would enhance the aesthetic appearance of their campus and the corridor between Claflin Avenue and Cloud Street;

     

  6. The Salina Fire Department has concluded that emergency access to campus facilities can be maintained under the plans submitted by Kansas Wesleyan and that emergency response time from Station No. 2 would not be negatively impacted by the closure and elimination of Fourth Street;

     

  7. A traffic study prepared on behalf of the petitioner concluded that while the closure of Fourth Street will affect the level of service performance at street intersections around the Kansas Wesleyan campus it will not create unsafe conditions at these intersections because the overall traffic volumes will continue to be low;

     

  8. Closure of the east side of South Fourth Street will not deprive any other private property of street access or affect the developability of any neighboring property. No private rights will be injured;

     

  9. The general public will suffer no loss or inconvenience as a result of the permanent closure of the east side of South Fourth Street because alternative northbound and southbound routes are available. The changes to the perimeter street system proposed as part of the amended plan will not adversely affect traffic flow or patterns in the surrounding area, or negatively impact emergency response or public safety;

     

  10. The proposed expansion area is adjacent to the Kansas Wesleyan University campus on the west and expansion of the pedestrian plaza would not adversely affect the surrounding neighborhood or harm the living conditions, value or use of neighboring properties; and

     

  11. The subject property is shown as a future Public / Quasi Public land use area on the Future Land Use Map and Kansas Wesleyan’s plans for enhancing their sports facilities would be consistent with this land use designation.

                           

Section 2.  Amendment.  DISTRICT “PDD U”, UNIVERSITY PLANNED COMMERCIAL DEVELOPMENT DISTRICT.  The Zoning District Map of the City of Salina, Kansas is amended by (a) approving an amended site development plan for Kansas Wesleyan University’s Sport Complex that includes the closure and elimination of the east side of South Fourth Street and (b) amends the conditions of approval set forth in Section 3 of Ordinance No. 13-10723 applicable to the PDD (U) district on the block bounded by the Union Pacific Railroad tracks on the west, Claflin Avenue on the north, Osborne Street on the east and Cloud Street on the south, as set forth in Section 3 below.

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 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 U (University) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the U (University) district, except as enumerated in sub-point 2 and 3 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 reduction in the required front yard building setback along Claflin Avenue from 50 ft. (the minimum setback from a public street required in the U district) to 9 ft. to allow a covered pavilion to be located within 9 ft. of the Claflin Avenue property line and from 50 ft. to 46 ft. to allow a ticket booth to be located within 46 ft. of the Claflin Avenue property line and from 50 ft. to zero ft. to allow a 6 ft. masonry wall to be located on the Claflin Avenue property line;
    2. A reduction in the required front yard building setback along Osborne Street from 50 ft. (the minimum setback from a public street required in the U district) to 10 ft. to allow a future addition to the Fieldhouse to extend within 4 ft. of the Osborne Street property line and a reduction from 50 ft. to zero ft. to allow a 6 ft. masonry wall to be located on the Osborne Street property line;
    3. A reduction in the required front yard building setback along Cloud Street from 50 ft. (the minimum setback from a public street required in the U district) to 8 ft. to allow a covered pavilion to be located within 8 ft. of the Cloud Street property line, from 50 ft. to 27 ft. to allow a ticket booth to be located within 27 ft. of the Cloud Street property line, from 50 ft. to 15 ft. to allow a new stadium scoreboard to be within 15 ft. of the Cloud Street property line and a reduction from 50 ft. to zero ft. to allow a 6 ft. masonry wall to be located on the Cloud Street property line; and
    4. A waiver of the front yard landscape buffer requirement to allow the pavement of a parking lot on the west side of Osborne Street to extend to the Osborne Street property line.
  3. Additional conditions.Development and use of the Property shall be subject to the following additional conditions:
  1. Development and use of Lot One (1), Block One (1) of the Kansas Wesleyan University Sports Complex Addition shall be limited to athletic facilities serving Kansas Wesleyan University and shall be subject to all bulk regulations use limitations and sign regulations applicable to the U (University) district, except for those exceptions and modifications approved as part of the amended development plan;
  2. Kansas Wesleyan University shall submit a landscape plan for providing a parking lot buffer strip along Claflin Avenue and Osborne Street for staff review and approval prior to construction of the parking lot proposed in the northeast corner of Lot One (1); and
  3. Development of Lot One (1), Block One (1) of the Kansas Wesleyan University Sports Complex Addition and the abutting railroad right-of-way on the east side of the railroad tracks shall be completed in accordance with the approved site development plan, building elevation and ornamental fencing elevation drawings which are herein incorporated by reference

Section 4.  Repealer.  Section 3 of Ordinance No. 13-10723 is repealed. All other provisions of Ordinance No. 13-10723 are ratified and confirmed.

Section 5.  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. 16-10833 Summary

 

On May 2, 2016, the City Commission passed Ordinance No. 16-10833.  The ordinance amends the conditions of approval applicable to the PDD (U) district on the block bounded by the Union Pacific Railroad tracks on the west, Claflin Avenue on the north, Osborne Street on the east and Cloud Street on the south and approves an amended site development plan for Kansas Wesleyan University’s Sport Complex that includes the closure and elimination of the east side of South Fourth Street. 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 attorney.

 

                                                                                    Introduced:     April 25, 2016
                                                                                    
Passed:            May 2, 2016

                                                                                    Kaye J. Crawford, Mayor

[SEAL]

ATTEST:

 

Shandi Wicks, CMC, City Clerk

 Certification of Publication Summary:

______________________________

Greg Bengtson, City Attorney