ORDINANCE NUMBER 25-11257
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:
School Park and Lots 6 – 10 on Mulberry Street between 7th and 8th Streets in the Original Town (now City) of Salina, Saline County, Kansas. (the “Property”)
The Governing Body makes the following findings:
- The proposed change to allow general occupancy multi-family residential use is consistent with the property's underlying R-3 zoning district classification. The project also aligns with the 'Downtown' Future Land Use designation in the Comprehensive Plan, which encourages infill development, the preservation of historic buildings, and high-density residential uses in this area.
- The proposed amendment continues the adaptive reuse of two historically significant buildings and, by removing the age restriction, could potentially ensure their long-term economic viability and productive use, thereby preventing potential future vacancy and blight while fulfilling a primary goal of the original PDD.
- The requested modification to the number of off-street parking spaces from the required 102 spaces to the existing 58 spaces is justified by several unique factors, including the availability of nearby public parking lots, the site's transit-accessible infill location, and the applicant's analysis suggesting lower vehicle ownership rates for comparable housing projects.
- The change from an age-restricted use to a general occupancy use will not adversely affect the character of the surrounding neighborhood, as the number of dwelling units and the overall residential nature of the property remain unchanged. The intensity of use is comparable to the existing senior housing and remains less intense than its original function as a middle school.
- The request for two ground signs is reasonable for wayfinding and identity, as the development consists of two large, distinct buildings (the former Roosevelt and Lincoln schools) with separate primary entrances and official street addresses (220 S. 7th Street and 245 S. 8th Street).
- Public facilities and services are adequate to support the proposed change in occupancy, as the number of dwelling units and the physical footprint of the development are not increasing.
- Approval of the amended landscape plan, conditioned upon meeting the city's tree unit requirements, will ensure the site remains an aesthetically pleasing and well-maintained property that contributes positively to the downtown area.
- The PDD zoning mechanism is specifically intended to allow for flexibility and deviations from standard zoning regulations where an innovative site plan and overall public benefit can be demonstrated, which is applicable in this case of adaptively reusing a significant historic property.
Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT R-3 (Multiple-Family Residential). The Zoning District Map of the City of Salina, Kansas is amended to rezone School Park and Lots 6 – 10 on Mulberry Street between 7th and 8th Streets in the Original Town (now City) of Salina, Saline County, Kansas as part of DISTRICT R-3 PLANNED DEVELOPMENT, subject to the conditions of approval set forth in Section 3.
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 the development plan approved by the planning commission, and the following conditions:
1. Zoning district regulations.
a. Development and use of the Property shall be limited to multi-family residential apartments containing up to 61 dwelling units and customary accessory uses servicing residents.
b. Development on the site shall be subject to the development standards and bulk regulations of the R-3 (Multi-Family Residential) District, except as enumerated in sub-point 2 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:
a. A front yard setback modification of 15 ft. from 25 ft. (the minimum front yard setback in the R-3 district) to allow a 10 ft. front yard setback on 7th Street and 8th Street for the Roosevelt Building;
b. A front yard setback modification of five (5) ft. from 25 ft. (the minimum front yard setback in the R-3 district) to allow a 20 ft. front yard setback on 7th Street and 8th Street for the Lincoln Building;
c. A side yard setback modification of two and one-half (2.5) ft. from 7.5 ft. (the minimum side yard setback in the R-3 district) to allow a five (5) ft. side yard setback along the north property line;
d. A modification to allow two (2) ground signs (one sign for each building) to be erected on the property;
e. A modification to the number of off-street parking spaces required for the apartment complex from 102 off-street parking spaces to 58 off-street parking spaces.
3. Additional conditions. Development and use of the Property shall be subject to the following additional condition:
a. The applicant shall submit a revised preliminary development plan for the RL Lofts development showing at least 42 existing and proposed tree units in the front yard setback areas along 7th Street, 8th Street, and Mulberry Street.
b. Development limitations shall be as follows:
i. Development on the site shall be limited to multi-family residential apartments containing up to 61 dwelling units and customary accessory uses servicing residents.
ii. Development on the site shall be subject to the development standards and bulk regulations of the R-3 (Multi-Family Residential) District except that:
1. A 10 ft. front yard setback shall be permitted on 7th Street and 8th Street for the Roosevelt Building;
2. A 20 ft. front yard setback shall be permitted on 7th Street and 8th Street for the Lincoln Building and;
3. A five (5) ft. side yard setback shall be permitted from the north property line.
iii. Development on the site shall allow two (2) ground signs (one sign for each building) to be erected on the property up to 32 sq. ft. each, with no wall signs;
iv. A total of 58 off-street parking spaces, including handicapped accessible parking spaces shall be provided on site.
c. Following approval of the Preliminary Development Plan and passage of an ordinance by the City Commission, a Final Development Plan in substantial compliance with the approved preliminary plan shall be submitted to the Planning Commission for final administrative review and approval. Development of this site shall substantially conform with the approved Final Development Plan as ultimately approved by the Planning Commission, along with the approved landscape planting plan and elevation drawings. Plans for signage and site lighting shall be submitted and approved prior to issuance of a building permit.
d. Any 'substantial modifications' proposed as part of the Final Development Plan that are not in substantial compliance with the approved Preliminary Development Plan will require a new public hearing before the Planning Commission prior to its final approval. Any future amendment to the PDD ordinance itself shall require restarting the approval process, beginning with the submittal of a new Preliminary Development Plan for a public hearing and recommendation by the Planning Commission, followed by final legislative approval via a new ordinance passed by the City Commission.
Section 3. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 4. Publication. The City Clerk shall cause this ordinance, as soon as practicable after is has been passed and signed, to be published on the City’s website as the designated official City newspaper.
Section 5. Effective date. This ordinance shall be in full force and effect from and after publication.
Passed: September 22, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk