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