News Releases

2/3/2021 - Ordinance Number 21-11051 Amending Ordinance Number 8526, Codified As Chapter 42 Of The Salina Code, And The Zoning District Map Of The City Of Salina, Kansas By Prescribing the Proper Uses Of Certain Property Within The City And Approval Of A Site Develo

ORDINANCE NUMBER 21-11051

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 PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN THE CITY AND APPROVAL OF A SITE DEVELOPMENT PLAN IN ACCORDANCE WITH SALINA CODE SECTION 42-409.1 THROUGH 42-409.21.

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), Two (2), Three (3), Four (4) and Five (5), Block Four (4); and Lots One (1), Two (2), Three (3), and Four (4), Block Five (5) in the Corrected Plat of Liberty Addition No. 2 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;

2.      Section 42-409.2 of the Salina Code states that a Planned Commercial zoning is required whenever an owner of property located within a community center or neighborhood center identified in the comprehensive plan applies for rezoning from a non-commercial zoning classification to a commercial zoning classification or from an existing commercial zoning classification to a different commercial zoning classification;

3.      The Property is more suitable for mixed commercial/residential use than warehousing. These lots have remained vacant as zoned for 17 years.  The current PC-6 (Planned Heavy Commercial) zoning inhibits the development of the Property due to changes in the real estate market and the surrounding area;

4.      The rezoning request area is adjacent to existing PC-5 zoned property so the requested PC-5 (Planned Service Commercial) zoning would be compatible with the zoning and uses of nearby property. Approval of PC-5 zoning would be a logical extension of the existing PC-5 district along Schilling Road;

5.      Needed public utilities, streets and drainage improvements are already in place to serve the needs of the rezoning request area. Future development will pay its proportionate share of public infrastructure costs; and

6.      While the requested rezoning requires an amendment of the Future Land Use Map to show the rezoning request area as being part of the Schilling-Ohio Neighborhood Center, an amendment to the Plan is justified in these circumstances due to changing conditions in the real estate market and surrounding area.

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.

Section 3.  Site Development Plan Approval.  Pursuant to Section 42-409.4 (c), the owner is requesting rezoning of the Property with deferred site development plan approval for each of the platted lots within the request area.

Section 4.  Conditions of Approval.  Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the “C-5” Shopping Center 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 approved Site Development Plan 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-5” Service Commercial District and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the “C-5” Service Commercial District, except as enumerated in sub-point 2 below.

2.      Modifications.  Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulations are modified as follows:  None.

3.      Conditions imposed by planning commission.  Any conditions imposed as a result of planning commission review and approval of the site development plan for any lot or lots within the Property; and

4.      Site plan approval by planning commission.  No building permits shall be issued for any lot or lots within the Property until a site development plan for the lot or lots has been approved by the planning commission.

Section 5.  Repealer.  All prior ordinances in conflict herewith as they relate to the Property are repealed.

Section 6.  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. 21-11051 Summary

On February 1, 2021, the City Commission passed Ordinance No. 21-11051.  The ordinance changes the zoning district classification of property located on Cortland Circle south of Schilling Road from PC-6 Planned Heavy Commercial District to PC-5 Planned Service Commercial District to allow a mixed use development 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:     January 25, 2021

                                                                                     Passed:            February 1, 2021

                                                                                    ___________________________________

Melissa Rose Hodges, Mayor

[SEAL]

ATTEST:

_____________________________

Cheryl Mermis, Deputy City Clerk

The publication summary set forth above is certified this __ day of February, 2021.

_____________________________________________

Greg A. Bengtson, City Attorney