ORDINANCE NUMBER 25-11240
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, 2 and 3, Block 1, of Dry Creek Addition No. 2, an addition to the City of Salina, Saline County, Kansas. (the “Property”)
the Governing Body makes the following findings:
- All conditions precedent for the amendment of the City’s Zoning District Map and the rezoning of the Property have been timely met;
- Because of its frontage on Magnolia Road, an arterial street and its proximity and visibility from Interstate 135, the Magnolia Road lot (Lot 1) is more suitable for commercial development than agricultural or residential use;
- The Magnolia Road lot is adjacent to PC-5 zoned development on the south side of Magnolia Road west of I-135. A change to PDD(C-5) zoning would be compatible with the zoning and uses of nearby property.
- The proposed development plan shows that this development would conform to the City’s R-2.5 (Multi-Family Residential) zoning regulations, except for side yard building setbacks and off-street parking requirements for which modifications are being requested.
- The City of Salina environmental consultant (Dragun Corporation) has determined that the existing groundwater plume does not pose an unacceptable environmental risk for development or to future residents of the property.
- The physical attributes of the Property and the availability of existing public utilities needed to serve the development are already installed which makes the Property suitable for multi-family residential development. The proposed residential density is consistent with Phase I of Magnolia Village and with the housing areas to the south.
- Although multi-modal connectivity on West Magnolia Road is currently lacking, the Property is located in proximity to the K-State Salina campus and the Airport Employment Area.
- The Property meets the locational criteria for multi-family housing because it has frontage on an arterial street, the subject property has access to existing utilities that could support the development and the proposed preliminary development plan meets the R-2.5 density requirements. It appears that with the existing topography, access to utilities and proposed street access, the property can be feasibly developed and development of the property with multi-family housing under planned development standards will not adversely affect and/or harm the living conditions, value, use and potential development of adjacent properties and the surrounding neighborhood.
- The surrounding street network (Magnolia Road, Virginia Drive, Shenandoah Drive) will be capable of accommodating the additional traffic generated by this housing development once perimeter street improvements are completed.
- The Future Land Use map as amended shows this area as Urban Residential. Approval of this rezoning request would be consistent with the City’s Comprehensive Plan as amended.
Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT C-5 (Service Commercial). The Zoning District Map of the City of Salina, Kansas is amended to rezone Lot 1, Block 1, Dry Creek Addition No. 2 (“Lot 1, Block 1”) as part of DISTRICT C-5 SERVICE COMMERCIAL, subject to the conditions of approval set forth in Section 5.
Section 3. Conditions of Approval. Use of Lot 1, Block 1 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:
- Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the C-5 (Service Commercial) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the C-5 (Service Commercial) district, except as enumerated in sub-point 2 below.
- Variations and modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows: None.
- Additional conditions. Development and use of the Property shall be subject to the following additional condition:
a. A final development plan for Lot 1, Block 1 of the Magnolia Village PDD shall be submitted to and reviewed by the Planning Commission prior to issuance of a building permit for this lot.
Section 4. Amendment. DISTRICT PLANNED DEVELOPMENT R-2.5 (MULTI-FAMILY RESIDENTIAL). The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 2 and 3, Block 1, Dry Creek Addition No.2 (“Lots 2 and 3”) as part of DISTRICT R-2.5 PLANNED DEVELOPMENT.
Section 5. Conditions of Approval. Use of Lots 2 and 3, Block 1 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 Lots 2 and 3, Block 1 shall be subject to and substantially conform to (a) the development plan approved by the planning commission, incorporated as part of this ordinance, and on file with the zoning administrator and/or city clerk and (b) the following conditions:
- Zoning district regulations. Development and use of Lots 2 and 3, Block 1 shall be limited to the uses permitted in the R-2.5 (Multi-Family Residential) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the R-2.5 (Multi-Family Residential) district, except as enumerated in sub-point 2 below.
- Variations and modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows: A five (5) ft. variation from the minimum residential side yard building separation requirement of 15 ft. (7.5 ft. per side) in the Zoning Ordinance to allow a 10 ft. (5 ft. per side) separation between buildings.A reduction in the required front yard setback from a public or private street in an R-2.5 district from 25 ft. to zero to allow the garage units to have a zero setback from the private drive. A reduction in the number of off-street parking spaces required under Section 42-553 m. of the Off-Street Parking Regulations for the horizontal apartments on Lot 2 from 238 parking spaces to 234 parking spaces. A total of three (3) dedicated spaces need to be set aside for the community mailbox, leaving 234 available for apartment residents. A variation from the private street design standards in Section 36-74.1(b) to allow head-in, on street parking on both sides of a named private street in lieu of providing 45 ft. of open right-of-way for the street. The proposed private street is essentially a parking lot driving aisle except for the portion connecting to adjacent public streets.
- Additional conditions. Development and use of Lots 2 and 3, Block 1 shall be subject to the following additional conditions:
a) Development limitations on Lots 2 and 3, Block 1 shall be as follows:
1. Development on Lot 2, Block 1 shall be subject to the uses permitted, lot size and bulk regulations specified in the R-2.5 Multiple Family Residential District except that:
a. The minimum residential side yard building separation requirement shall be reduced to 10 ft. (5 ft. per side)
b. The total number of off-street parking spaces required shall be reduced from 238 parking spaces to 234 parking spaces.
c. The required front yard setback from a public or private street in an R-2.5 district shall be reduced from 25 ft. to zero.
d. The private street design standards shall be modified to allow on street parking on both sides of a named private street (Avery Lane) in lieu of providing 45 ft. of open right-of-way for the street.
2. Development of Lot 3, Block 1 shall be subject to the uses permitted, lot size and bulk regulations specified in the R-2.5 Multiple Family Residential District.
3. A final development plan for Lots 2 and 3 of the Magnolia Village PDD shall be submitted to and approved by the Planning Commission prior to issuance of a building permit on those lots. The final site development plan for each lot shall be in substantial conformance with the approved preliminary site development plan and preliminary landscape plan. Plans for landscaping, sidewalks, parking lot drainage, signage, site lighting and trash dumpster enclosures shall be shown on the final site development plan.
4. All utilities in the subdivision shall be placed underground.
5. The developer shall be responsible for providing a public sidewalk connection along the west side of Virginia Drive from the southernmost point of Phase I to Shenandoah Drive as part of development of Lots 2 and 3, Block 1.
6. The developer shall be responsible for providing a sidewalk connection from the horizontal apartment entrance to the hike/bike path on Magnolia Road as part of development of Lot 2.
7. A Certificate of Completion for the public water line loop and fire hydrants must be issued by the City Engineer prior to the issuance of any building permits in Phase II.
8. Salina Destination Development, LLC shall execute and record a maintenance agreement or private covenants providing for maintenance of the retention/detention pond areas, including inlets, ditches or pipelines associated with moving storm water off the site. This must be done prior to the issuance of a Certificate of Occupancy for any building site in the subdivision.
9. Salina Destination Development, LLC shall execute and record a maintenance agreement or private covenants providing for the construction and maintenance of site landscaping, as approved by the Final Landscape Plan. This must be done prior to the issuance of a Certificate of Occupancy for any building site in the subdivision.
10. Salina Destination Development, LLC shall execute and record a maintenance agreement or private covenants providing for the construction and maintenance of Avery Lane, the named private street providing access to the horizontal apartments. This must be done prior to the issuance of a Certificate of Occupancy for any building site in the subdivision.
11. Salina Destination Development, LLC shall execute and record a cross access easement between Phase I and Phase II, assuring that residents of Phase II have access to all amenities located in Phase I. This must be done prior to the issuance of a Certificate of Occupancy for any building site in the subdivision.
12. A minimum 5 foot landscape buffer is required along the parking lot facing Shenandoah Drive.
13. Final plans and specifications for the proposed entry gates shall be subject to review and approval by the Fire Marshal. Any subsequent modifications are subject to additional review and approval by the Fire Marshal.
14. Development of the Magnolia Village PDD shall be completed in substantial conformance with the approved preliminary development plan, preliminary landscape plan and building elevation drawings, including exterior building materials, which are hereby incorporated by reference.
Section 5. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 6. 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 7. Effective date. This ordinance shall be in full force and effect from and after publication.
Passed: March 24, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk