News Releases

7/16/2013 - ORDINANCE 13-10696: Rezoning Kwik Shop Addition

ORDINANCE NUMBER 13-10696

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 REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE PROPER USES THEREOF.

WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, THEREFORE,

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

Section 1.  Findings.  The following findings support PC-5 zoning for the site:

  1. The vacated Centennial Road right-of way abutting the current Kwik Shop site is currently unzoned and some zoning designation is needed to allow it to be developed and put back to productive use.
  2. The subject site is adjacent to existing C-5 zoned property to the east and north and PC-5 zoning to allow a new convenience store would be consistent with the current use of the property and could be compatible with adjacent residential property if properly buffered.
  3. Needed public utilities and paved public street are in place to serve redevelopment on the proposed 1.19 acre development site.
  4. The subject site lies just east of I-135 in a transition area between the West Crawford Street Commercial Corridor and a Suburban Residential area and an amendment of the current Suburban Residential land use designation on the Future Land Use Map to show this site as future Commercial could be reasonably justified.
  5. Kwik Shop’s proposed site redevelopment plan would enhance this entryway into the community from I-135.

The following findings support approval of a right in – right out driveway design on Crawford Street:

  1. The number of fueling stations would increase from 4 to 20, fueling stations and the existing convenience store would double in size under Kwik Shop’s plan which will have the potential to increase traffic in and out of the site and which could result in a doubling of vehicle trips into and out of the site under the most conservative traffic projections.
  2. There is no dedicated left turn lane on Crawford Street opposite the Crawford Street driveway and Crawford Street carries 14,735 vehicles per day compared to only 7,215 vehicles per day on Centennial Road.
  3. The separation between the Crawford Street driveway opening and Willow Drive is less than tree (3) vehicle lengths.
  4. Limiting the Crawford Street driveway to a right in-right out opening would reduce the number of potential vehicle conflict points from ten (10) to two (2) at that location.
  5. Federal Highway Administration traffic safety research indicates that 72% of accidents at driveway entrances involve a left turning vehicle and limiting access to right out movements at this driveway location will enhance public safety.
  6. Improved access to Centennial Road has been provided to the site by vacation of the surplus right-of-way which is not available today and the Centennial Road-Crawford Street intersection is signalized and provides protected left turning movements on to Crawford Street to allow vehicles exiting the convenience store to return back toI-135.

Section 2.   Amendment.   DISTRICT “PC-5”, PLANNED SERVICE COMMERCIAL DEVELOPMENT DISTRICT.  That the Zoning District Map of the City of Salina, Kansas duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to-wit:

Lot One (1), Block One (1) of the Kwik Shop Addition to the City of Salina, Saline County, Kansas

shall become a part of DISTRICT “PC-5”, PLANNED SERVICE COMMERCIAL DEVELOPMENT DISTRICT.

Section 3.  Conditions of Approval.  That the use of said described property 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 SERVICE COMMERCIAL DISTRICT. Development of the property shall be subject to the plans on file with the Zoning Administrator and/or City Clerk and the following conditions, to-wit:

  1. Development limitations shall be as follows: 
    a.  Development and use of Lot One (1), Block One (1) of the Kwik Shop addition shall be limited to a convenience store and shall be subject to all bulk and use limitations of the C-5 district. 
    b. 

    Signage on Lot One (1), Block One (1) of the Kwik Shop Addition shall be limited to one pole sign on Centennial Road with a maximum permitted sign area of 300 square feet and a maximum sign height of 50 feet and one pole sign on Crawford Street with a maximum sign area of 150 square feet and a maximum sign height of 30 feet. Façade and wall signs shall be subject to the C-5 sign regulations.

  2. Deviations – Requested modifications of otherwise applicable development regulations approved by the Planning and City Commission under the authority of Section 42-410(e) of the Salina Zoning Ordinance are specifically enumerated as follows:
    a.  An exception to Section 42-65(5)a.3. to allow green space and landscaping located within the public street right-of-way on Willow Drive, Crawford Street and Centennial Road to count toward meeting Kwik Shop’s front yard landscaping requirements based on the following findings:
      i. 

    Based on the depth of the lot a total of 9,870 sq. ft. of front yard landscape area is required along the Centennial Road, Crawford Street and Willow Drive frontages of the site and only 3,200 sq. ft. of front yard green space has been provided on Kwik Shop property. The remaining green space shown on Kwik Shop’s plan is located in the abutting Centennial Road, Crawford Street and Willow Drive right-of-way.  

      ii.

    Relief from strict application of the front yard landscaping requirements is justified in this case because Kwik Shop’s lot is shallow in depth from Crawford Street (250 ft.) and is uniquely burdened by having three (3) front yards for front yard landscaping purposes. The additional paving widths needed to provide adequate access around the fuel pump islands, adequate access aisles between the fuel islands and the front of the convenience store and the paving widths needed to accommodate fuel delivery trucks, RVs and vehicles with trailers and to provide truck access to the underground fuel tanks behind the store, reduces the amount of front yard green space that can be provided on site. 

      iii. Sufficient right-of-way area is available, particularly at the Centennial-Crawford intersection, to provide additional front yard and gateway landscaping in the public right-of-way abutting the Kwik Shop site and Kwik Shop has expressed a willingness to enter into a Right-of-way Maintenance Agreement to enhance and maintain the right-of-way abutting the convenience store site in this community gateway location to make up for the short fall on Kwik Shop property.  
      iv.  Although the amount of front yard area on Kwik Shop property set aside as green space is less than the amount required by the landscaping regulations, the number of plantings on public and private property combined will meet the requirements of landscaping regulations and the project will meet the spirit and intent of the City’s landscaping regulations. 
    b. 

    A deviation from the 30 ft. maximum driveway width in Section 35-132 to allow driveway openings on Willow Drive and Centennial Road to exceed 30 ft. in width based on the following finding:

      i.

    Driveway approaches that exceed the 30 ft. maximum driveway width in Section 35-132 of the Salina Code are justified in this location by the need to accommodate the turning movements of fuel delivery trucks, RVs and vehicles pulling trailers attempting to enter the site from Crawford Street, Willow Drive and Centennial Road and to allow both left turn and right turn lanes at the proposed Centennial Road exit drive. 

  3. Runoff calculations for the post development runoff being directed to the Centennial Road ditch shall be reviewed and approved by the City Engineer to insure that the ditch has the capacity to accommodate the additional runoff prior to issuance of a building permit.

  4. A right-of-way maintenance agreement for the existing and proposed landscaping located in the public right-of-way shall be approved by the City Commission prior to issuance of a building permit.

  5. A site lighting plan and cut sheets for proposed exterior light fixtures shall be submitted for staff review and approval prior to installation.

  6. Development of Lot One (1), Block One (1) of the Kwik Shop Addition shall be completed in accordance with the approved site development plan and landscape plan, as revised, and associated sign and building elevation drawings which are hereby incorporated by reference.

  7. A building permit for this project shall be obtained within 18 months of final site plan approval, or the approved development plan for Lot One (1), Block One (1) shall become null and void and the zoning of the site shall revert to its previous zoning classification. 

Section 4.  Repealer.  That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed.

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 in the official city newspaper.

Ordinance No. 13-10696 Summary

On July 15, 2013, the City of Salina, Kansas passed Ordinance No. 13-10696. The ordinance expands the C-5 (Service Commercial) zoned area at the southeast corner of West Crawford Street and Centennial Road to allow construction of a new, expanded convenience store facility at this location. 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.

Introduced: July 8, 2013
Passed: July 15, 2013


Barbara V. Shirley, Mayor

[SEAL]
ATTEST:


Shandi Wicks, CMC, Deputy City Clerk