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7.2 C-2 Uses CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME . ~!6!q~ 4:00 P.M. AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. 7 AGENDA: COMMUNITY DEVELOPMENT ' Planning Division ITEM_ NO'' By: R°yDudark ~ By: ~ Item Application #Z90-16, filed by the Salina City Planning Commission, requesting an amendment of Sec. 42-267 and Sec. 42-268 of the Salina Zoning Ordinance by amending the list of permitted and conditional uses in the C-2 (Neighborhood Shopping) District. ~ack~round During consideration of a recent application for C-2 zoning, concerns were raised about the types of uses that were allowed in this zone. Particular concern was raised about automobile-oriented, traffic-generating uses such as fast food restaurants. Staff researched this question and found that most community zoning ordinances do not permit drive-up or drive-in restaurants in neighborhood commercial districts. As a. result, staff has proposed a modification to the list of permitted (allowed by right) and conditional (allowed after review) uses in the C-2 District. This text amendment is intended to eliminate some uses that are automobile-oriented and could create a negative impact on adjacent residential neighborhoods. On April 2, 1990, the City Commission approved a reduction in the minimum zoning area for C-2 from 1 acre to 10,000 sq. ft. The proposed amendment is consistent with the purpose of that change which was to make C-2 a zone for smaller, free-standing businesses in locations convenient to neighborhood residents. Proposed Amendment Section 42-267, Permitted Uses, would be amended as follows: Delete - Hardware stores Package liquor stores Restaurants, with or without drive-up window service, other than drive-in establishments. COMMISSION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TII~I~ , n/z/an 4:00 P.M. AG.F~DA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR - AGENDA: NO COMMUNITY DEVELOPMENT ITEH Planning Division NO. Roy Dudark ~Y: BY: Page 2 Add - Antique shops Art galleries Book stores Camera and photographic supply stores Optical shops Shoe repair shops Studios or offices for artists, sculptors, authors, composers, photographers, and other similar uses Tailor shops Section 42-268, Conditional Uses, would be amended as follows: Delete - Bus stations Gasoline service stations and tire, battery, and automobile accessory stores Multi-family dwellings Research laboratories Add - Hardware stores Package liquor stores Research laboratories (limited to medical records, statistical research, etc.) Restaurants, excluding drive-up window service and drive-in establishments All permitted and conditional uses in the R-3 district, provided that they shall be governed by the requirements of the R-3 District. Plannin9 Commission Recommendation On July 17, 1990, the Planning Commission conducted a public hearing on this amendment. Following discussion, the Commission voted 9-0 to recommend approval of this text amendment as proposed. COt~IISSION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REgLJEST FOR COMMISSION ACTION DATE TIME R/~/on 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTTvlENT: APPROVED FOR NO. AGENDA: COMMUNITY DEVELOPMENT ITEM Planning Division NO. Roy Dudark BY: BY: Page 3 ~.i~y. Commission Action If the City Commission wishes to approve this ordinance amendment, a motion should be passed concurring with the recommendation of the Planning Commission and introducing the attached ordinance on 1st reading. If the City Commission disapproves of the proposed amendment, a motion to return the item to the Planning Commission for reconsideration should be passed along with a statement regarding the basis for disapproval. Encl: Application Excerpt of PC Minutes 7/17/90 Ordinance #90- 9396 COMMISSION ACTION MOTION BY SECOND BY TO: P.C. Meeting Date . Jul¥.t7~ 1.990 Application No. Z90-16 Date Filed ,]un~ 1~ 1990 Fi-ling Fee N/A Reviewed By RD . Receipt No. APPLICATION FOR A~.IENDMENT TO THE ZONING TEXT SALtNA CIT'~ PLANNING COMMISSION The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for an Amendment to Sec. 42-267 by deleting hardware stores and restaurants and adding antique shops, art galleries, book stores, camera and photographic supply stores, optical shops, shoe repair shops, studios Or offices for artists, sculptors, authors, composers, photographers and other similar uses, and tailor shops as permitted uses in the C-2 Nieghborhood Shopping District and requesting an amendment to Sec. 42-'268 by deleting bus stations, gasoline service stations and tire, battery and automobile accessory sotres, multi-family dwellinqs and small animal hospitals and adding, hardware stores, restaurants without drive-up or drive-in services and al.1 permitted uses in the R-3 District as conditional uses in the C-2 Neighborhood Shoppinq District. Applicant's Name'(Print) Saljln~ City Pl~nnin~ Co~ission Address 300 W, Ash S~ti'n~. KS 674~] (Phone) 1913) 827-8781 Signature Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the additional sheets. If ~he applicant(s) is ED be represented by legal counsel or an authorized agent, please complete ~he following in order ~hat correspondence and communica:ions per- raining to ~his application may be forwarded ~o the authorized individual. Name of Representative Address Telephone (Business) Salina City Planning Commission July 17, I990 Page 6 #2. Minutes of July 3, 1990. Vice-Chairman Seaton asked if there were any comments or corrections? There being no comments or corrections, the minutes were approved as printed. #3. Application #Z90-15, filed by Salina Appliance Showroom. Mr. Andrew stated that this is an application for rezoning from C-3 (Shopping Center) to C-5 (Service Commercial). The two lots in question are at the southwest corner of N. Eighth and Woodland. The applicant is requesting this change in zoning for the purpose of allowing outdoor automobile sales which is a use that is not permitted in C-3. There originally was a cluster of lots that were zoned C-3 when the zoning ordinance was redone in 1977 and a new zoning map drawn. As recently as last year, this body approved an application to rezone the two lots at the northeast corner of 9th and Woodland from C-3 to C-5 to allow outdoor automobile sales. Because of the limited size, it is questionable whether C-3 zoning is an appropriate zone for these lots. One of the problems for the applicant is that the front half of the property facing 9th is zoned C-5 and the back half which houses a vacant self-service laundry is zoned C-3. The applicant would like to make the tract uniform. There is a paved parking area north of the building that houses the laundry business. It is suitable for the sale of cars. If in the future the building were occupied for commercial use, or even as an office for used car sales, customer parking would be required. Everything to the north and to the west is commercial in character and there is residential to the east and to the south. If they are utilizing vacant space, it is not the type of business that would generate alot of additional traffic. The business would have access from and be close to 9th Street. The Future Land Use Plan shows this area as commercial. At the time this was originally zoned in 1977, there was justification for zoning in this area to C-3 as most of the uses in this area were C-3 uses. Now that there has been requests in that area for outdoor automobile sales, C-5 does make sense to make the zoning uniform. Staff's only enforcement mechanism is the zoning certification which they have to sign off on before a motor vehicle dealer's license is issued. Vice-Chairman Seaton asked if the applicant would like to make a comment? Randall Carrier,.904 Yale, stated that the sunrounding zoning is C-5. He wants to be in compliance with the zoning requirements. Vice-Chairman Seaton asked if there were any interested persons who would care to make a comment regarding this application? There being none, would the commission care to take action? MOTION: Mr. Haworth moved that Application #Z90-15 be approved so this site will be in accordance with zoning regulations in the area; it is consistent with the character of the neighborhood; is suitable for C-5 and does have adequate public facilities. SECOND: Mr. Gaines seconded the motion. VOTE: The vote was unanimous (8-0) in favor of the motion. Motion carried. #3. Application #Z90-16, filed by the Salina City Planning Commission. Mr. Dudark stated that this application was precipitated by the recent C-2 application about what uses were permitted in C-2. The question is whether or not those uses are consistent or compatible with the residential neighborhoods that would be around a neighborhood shopping area. Staff researched other ordinances and there is a clear finding that automobile traffic presents the most concern about a )~eighborhood business. The drive-in/drive-thru restaurant is the first thing dropped off the list of permitted uses. Chairman Brungardt arrived at this time. Mr. DuOark stated that these types of uses are now allowed in C-2 and should Salina City Planning Commission July 17, 1990 Page 7 be allowed in C-5. To introduce that kind of traffic into a neighborhood is inappropriate. The package liquor stores are another item dropped from the list of permitted uses. These uses will now be under the list of conditional uses. Also gasoline service stations were dropped from this zone entirely. This will put the C-2 District in better shape so there will be protection for the neighborhood. Staff would recommend those changes to the commission. Vice-Chairman Seaton asked if there were questions or co~ents regarding the staff report? Mrs. Denton stated that we do not have alot of C-2 zoning. What you could put on an acre might be limited. MOTION: Mr. Hardman moved that App}ication #Z90-16 be approved so that we may better define the array of businesses which provide goods and services convenient to neighborhood residents yet compatible with a residential environment. SECOND: Mr. Gaines seconded th~ motion. vuTE: The vote was unanimous (9-0) in favor of the motion. Motion carried. #4. Other Matters. Mr. Dudark stated that the next meeting of the Planning Commission is scheduled for August 7, 1990. There being no further business, the meeting was adjourned at 4:20 p.m. ATTEST: (Published in The Salina Journal August , 1990) ORDINANCE NUMBER 90-9396 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 42-267 and 42-268 OF THE SALINA CODE PERTAINING TO THE PERMITTED AND CONDITIONAL USES IN DISTRICT C-2, AND REPEALING THE EXISTING SECTION. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 42-267 of the Salina Code is hereby amended to read as follows: "Section 42-267. Permitted uses. Permitted uses in the C-2 district are as follows: (1) Antique shops; (2) Apparel stores; (3) Art galleries; (4) Banks and financial institutions; (5) Barbershops; (6) Beauty shops; (7) Bicycle shops; (8) Book stores; (9) Business and professional offices; (10) Camera and photographic supply stores; (11 ) Churches, chapels, temples, synagogues, cathedrals and shrines; (12) Dry cleaning and laundry receiving stations where no processing or cleaning of clothing is done on the premises; (13) Florist shops; (14) Food stores, including grocery stores, meat markets, bakeries and delicatessens; (15) Gift shops and variety stores; (16) Group day care centers provided that such use shall be separated from any commercial or industrial use in accordance with the requirements of the City's adopted building code. (17) Medical and dental clinics, and guidance centers; (18) Mortuaries and funeral homes; ~cluding crematories, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (19) Optical shops; (20) Pharmacies; (21)Public utility uses including substations and ambulance services; (22) Self-service laundry and dry cleaning establishments; (23) Shoe repair shops; (24) Studios or offices for artists, sculptors, authors, composers, photographers and other similar uses; (25) Tailor shops; (26) YMCA, YWCA and other similar organizations; (27) Any other similar retail business not specifically listed in any section is permitted if it complies with the conditions and restrictions contained in Section 42-271; (28)Accessory and temporary uses, as permitted by article IV of this chapter; (29) Signs, as permitted by article X of this chapter; (30)Off-street parking and loading, as required by article XI of this chapter. Section 2. That Section 42-268 of the Salina Code is hereby amended to read as follows: "Section 42-268. Conditional uses. Conditional uses in the C-3 district are as follows: (1) Hardware stores; (2) Package liquor stores; (3)Research laboratories (limited to medical records, statistical research, etc.); (4)Restaurants, excluding drive-up window service and drive-in establishments; (5) Small animal hospitals, providing that such facility is completely enclosed and that no odor or noise is discernible outside the structure; (6) Taverns; (7)Telephone exchanges and telephone transmission equipment structures. (8) All permitted and conditional uses in the R-3 district provided that they shall be governed by the requirements of the R-3 district. Section 3. That the existing Sections 42-267 and 42-268 of the Salina Code are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: August 6, 1990 Passed: August 13, 1990 Robert E. Frank, Mayor [SEAL] ATTEST: Jacqueline Shiever, City Clerk