ORDINANCE NUMBER 21-11083
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 1-5, Block 1 of the Holm Addition to the City of Salina, Saline County, Kansas (the “Property”)
the following findings support PC-5 zoning for the site:
- All conditions precedent for the amendment of the City’s Zoning District Map and the rezoning of the Property have been timely met;
- Section 42-418.3 (i) of the Salina Code states that a Planned Commercial zoning is required on all applications for rezoning within South Ninth Street Corridor Overlay District;
- Because of the proximity and visibility from Interstate 135, the Property is more suitable for service commercial development than agricultural use;
- The Property is adjacent to PC-5 zoning on the north and existing industrial zoning on the east and a change to PC-5 zoning with the overlay district restrictions would be compatible with surrounding commercial and industrial development and the interstate interchange location;
- Existing public utilities are in place or can be readily extended to serve this 9.4 acre site;
- The requested zoning change conforms with the City’s Comprehensive Plan for this 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. The applicant has requested that the submittal of site development plans for this property be deferred until specific uses are identified.
Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the “CO” CORRIDOR OVERLAY 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 site development plan(s) approved by the planning commission (“Site Development Plan(s)”) and (b) the following conditions:
- Zoning district regulations.Development and use of the Property shall be limited to those permitted uses listed in the CO district regulations and only the following conditional uses listed in the CO district regulations: agricultural implement dealers, building supply stores, convenience stores, department and discount stores, farm and ranch supply stores, food stores, gasoline service stations with car wash, hotels and motels, and restaurants.The Property shall be subject to the bulk and use limitations of the CO and C-5 districts, except as enumerated in sub-point 2 below.
- Modifications.Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulations are modified as follows:None.
- Site Development Plan conditions.Development of the Property shall be subject to any conditions imposed as a result of planning commission review and approval of the Site Development Plan(s) for the Property in the district; and
- Building permits.No building permits shall be issued for any tracts within the Property in the district until the Site Development Plan applicable to the tract has been approved by the planning commission.
- Signage.Signage shall comply with the C-5 district size limitations and the CO district height limitations, except that interstate oriented signs may be up to 50 ft. in height.
Section 5. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 6. Effective date; publication summary. 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. 21-11083 Summary
On January 10, 2022, the City Commission passed Ordinance No. 21-11083. The ordinance changes the zoning district classification of property located at the northwest corner of South 9th Street and Water Well Road to PC-5 Planned Service Commercial District to allow commercial development of the site, subject to certain conditions and approval of deferred Site Development Plan(s). 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: September 27, 2021
Passed: January 10, 2022
Melissa Rose Hodges, Mayor
JoVonna A. Rutherford, City Clerk