News Releases

11/19/2013 - ORDINANCE NUMBER 13-10723- Zoning KWU

ORDINANCE NUMBER 13-10723

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 have been timely complied with, 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 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.

2. The subject property is adjacent to the Kansas Wesleyan University campus on the west and is buffered by public streets on all four sides and the requested zoning change from “U” to PDD “U” would not adversely affect the surrounding neighborhood or harm the living conditions, value or use of neighboring properties because the uses and the intensity of uses allowed under the PDD are already permitted under the existing “U” zoning classification.

3. Needed utilities and drainage facilities, and adequate public street access are in place to serve the proposed athletic facility enhancements.

4. The proposed changes to the perimeter street system will not adversely affect traffic flow or patterns in the surrounding area, eliminate on street parking or negatively impact emergency vehicle response or public safety.

5. The subject property is shown as a future Public / Quasi Public land use area on the Future Land Use Map and approval of PDD “U” zoning would be consistent with this land use designation.

Section 2.  Amendment.  DISTRICT “PDD U”, UNIVERSITY PLANNED 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) Kansas Wesleyan University Sports Complex Addition to the City of Salina, Saline County, Kansas.

shall become a part of DISTRICT “PDD U”, PLANNED 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 DEVELOPMENT 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 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 as enumerated in Section 2.

2. Exceptions and Modifications – Requested modifications of otherwise applicable zoning regulations approved by the Planning Commission under the authority of Section 42-403(12) are specifically enumerated as follows:

a. A reduction in the required front yard building setback along South Fourth Street from 50 ft. (the minimum setback from a public street required in the U district) to 15 ft. to allow the stadium grandstand to be located within 15 ft. of the Fourth Street lease line and from 50 ft. to 24 ft. to allow a ticket booth to be located within 24 ft. of the Fourth Street lease line.

b. 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 3 ft. to allow a covered pavilion to be located within 3 ft. of the Claflin Avenue property line and from 50 ft. to 11 ft. to allow a ticket booth to be located within 11 ft. of the Claflin Avenue property line.

c. 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.

d. 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 3 ft. to allow a covered pavilion to be located within 3 ft. of the Cloud Street property line, from 50 ft. to 17 ft. to allow a ticket booth to be located within 17 ft. of the Cloud Street property line and from 50 ft. to 15 ft. to allow a new stadium scoreboard to be located within 15 ft. of the Cloud Street property line.

3. Kansas Wesleyan University shall be responsible for construction of all public street and sidewalk improvements depicted on their site development plan including without limitation:
a. Construction of a 7 ft. wide buffer and new east curb line between the west stadium fence and the northbound (east) leg of South Fourth Street.
b. Construction of separate left turn and right turn lanes on the northbound (east) leg of South Fourth Street at the Fourth Street – Claflin Avenue intersection.
c. Construction of recessed parking stalls in the Claflin Avenue right-of-way along the south side of Claflin Avenue (if approved through a License Agreement by the City Commission) and construction of an abutting 5 ft. property line public sidewalk.
d. Physical modifications to Osborne Street to convert Osborne Street from a 37 ft. wide two way street to a 29 ft. one way southbound street with on street parking on the east side of the street.
e. Construction of a 5 ft. curb side sidewalk along the west side of Osborne Street from Claflin Avenue to Cloud Street.

4. Kansas Wesleyan University shall, upon terms meeting the approval of the City Commission and prior to construction of any parking spaces within the public right-of-way, enter into a license agreement with the City of Salina to allow recessed angled parking stalls to be constructed and maintained in the Claflin Avenue right-of-way.

5. Kansas Wesleyan University shall, upon terms meeting the approval of the City Commission and prior to construction of its proposed north property line fence, enter into a license agreement with the City of Salina to install and maintain the fence on property subject to the City’s easement, including terms under which Kansas Wesleyan University shall agree to temporarily remove or relocate the fence in the event the City of Salina needs to make repairs to or replace the storm sewer pipeline on the south side of Claflin Avenue.

6. 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).

7. Kansas Wesleyan University shall submit a site lighting plan and cut sheets for proposed exterior light fixtures at the stadium and practice field for staff review and approval prior to installation of the proposed exterior lights.

8. Development of Lot One (1), Block One (1) of the Kansas Wesleyan University Sports Complex Addition 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.  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 by summary in the official city newspaper.

Ordinance No. 13-10723 Summary

On November 18, 2013, the City of Salina, Kansas passed Ordinance No. 13-10723.  The ordinance changes the zoning district classification of property bordered by South Fourth Street, Claflin Avenue, Osborne Street and Cloud Street from U (University) to PDD U (University Planned Development District) to allow the redevelopment of Kansas Wesleyan University’s athletic facilities on this block including, new football grandstand, eight (8) lane track, locker room facilities and practice field.  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: November 4, 2013
       Passed: November 18, 2013

       Aaron Householter, Vice-mayor
[SEAL]

ATTEST:

Lieu Ann Elsey, CMC, City Clerk