ORDINANCE NUMBER 26-11281
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. Application. Jeff Maes on behalf of Nine South Development, LLC, has filed Application #ZMA26-001 requesting a Zoning Map Amendment from C-3 (Shopping Center) zoning district to PC-5 (Planned Service Commercial) zoning district in relation to the following described tract of real estate:
Lots 1-8, Block 1 of the Replat of the Nine South Addition, City of Salina, Saline County, Kansas. (the “Property”)
Section 2. Findings. In relation to the Property, the Governing Body makes the following findings:
- The property is currently zoned C-3, which permits the full range of uses proposed by the applicant. However, the C-3 district prohibits off-premise advertising signs (Sec. 42-521(1)). The replat created interior lots (Lots 3, 5, and 8) that are not visible from Market Place or South 9th Street. Without the ability to erect a shared identification sign on the street frontage, these interior lots face a marketability constraint. The PC-5 classification addresses this constraint by providing access to the C-5 sign regulations.
- The proposed change would not create an isolated district. The property is bordered by PC-3 zoning to the south and C-5 zoning to the west. PC-5 zoning is consistent with the existing pattern of planned commercial and service commercial districts in the South 9th Street corridor.
- The property is situated within the established South 9th Street commercial corridor and is bordered by commercial development on three sides. With uses limited to C-3 as recommended by staff, the use profile would remain consistent with the surrounding commercial area and with the expectations established when the property was originally rezoned from A-1 to C-3 in 2018.
- All public infrastructure needed to serve a commercial development is already in place, including water, sanitary sewer, the Market Place road extension, curb cuts on South 9th Street, and the stormwater detention facility. The change from C-3 to PC-5 with C-3 use limitations would not change the intensity of uses allowed and would not create additional demand on infrastructure.
- The Future Land Use Map designates this property for Commercial uses. The requested PC-5 zoning with C-3 use limitations is consistent with this designation and meets the applicable location and development criteria for commercial land use areas.
- The Salina City Planning Commission conducted a public hearing on Nine South Development LLC’s rezoning application on April 7, 2026. Following presentation of the staff report and comments from Jeff Maes with Nine South Development LLC., and comments from neighboring property owners, the Planning Commission voted 7-0 to recommend that the Zoning Map of the City of Salina be amended to change the zoning classification of Lots 1-8, Block 1 of the Replat of Nine South Addition from C-3 (Shopping Center) district to PC-5 (Planned Service Commercial). The Planning Commission also made the following recommendations based on the applicant’s two variations requested:
- Lots 3, 5, and 8 shall be granted full relief from front yard landscaping requirements otherwise applicable to those interior lots; and
- The required landscaped buffer along the east property boundary for Lots 3, 5, and 8 shall be reduced from a required width of 15-feet to 6-feet in width, with columnar evergreen tree plantings required as part of the plantings in the required landscaped buffer, and that a six (6) foot tall privacy fence screening be installed as required per Sec. 42-286(5).
Section 3. Amendment. DISTRICT “PC-5” PLANNED SERVICE COMMERCIAL DISTRICT. The Zoning District Map of the City of Salina, Kansas shall be amended to rezone the Property as part of DISTRICT “PC-5” Planned Service Commercial District.
Section 4. Site Development Plan Approval. The applicant has requested that site development plan approval be deferred for review on a lot-by-lot basis, in accordance with Sec. 42-409.4(c). Site development plan review and approval shall be the responsibility of the Planning Commission in accordance with Sec. 42-409.18.
Section 5. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions and limitations applicable to the “C-5” SERVICE COMMERCIAL DISTRICT under Ordinance 8526, as amended and 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 and (b) the following conditions:
- The permitted and conditional uses shall be limited to those uses listed in the C-3 district (Secs. 42-282 and 42-283), except that “Parking garages and lots” shall be a permitted use.
- The C-3 district use limitations (Sec. 42-286) and bulk regulations (Sec. 42-285) shall apply.
- All signage shall be subject to the C-3 district sign regulations (Sec. 42-521), except that an “advertising sign” (off-premise sign) shall be permitted on Reserve “C” and be limited to providing signage for businesses located on Lots 3, 5, and 8 of the Replat of Nine South Addition.
- Six-foot sight-obscuring screening consistent with Sec. 42-286 shall be provided along all lot lines abutting a residential district.
- Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street, in accordance with Sec. 42-286.
- A site development plan for each lot shall be submitted and approved by the Planning Commission prior to issuance of a building permit for that lot, in accordance with Sec. 42-409.18.
- All site development plans for Lots 1-8 shall include landscaping in compliance with C-3 district regulations, Sec. 42-65 (Landscape regulations), and Planned commercial district regulations (Ch. 42, Article IV, Division 2), except that:
a. Lots 3, 5, and 8 shall be granted full relief from front yard landscaping requirements otherwise applicable to those interior lots; and
b. The required landscaped buffer along the east property boundary of Lots 3, 5, and 8 shall be six (6) feet in width. The buffer plantings shall contain columnar evergreen trees. Six-foot sight-obscuring screening shall be provided along the east property boundary of Lots 3, 5, and 8 in accordance with Sec. 42-286(5).
8. Development of the Lots 1-8 shall conform to the approved site development plans.
Section 6. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 7. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 8. Effective date. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper.
Passed: April 27, 2026
Signed: April 27, 2026
Michael L. Hoppock, Mayor
ATTEST:
Nikki Goding, City Clerk