7.2 C-3 Indoor Auto Sales CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
7/20/87 4:00 P.M.
AGENDA SEOTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 COMMUNITY DEVELOPMENT AGENDA:
Planning Division !~
ITEM
BY: Roy Dudark BY:
Application #Z87-10, filed by the Salina City Planning Commission, requesting
consideration of amendment of Article VI, Division 13 of the City of Salina Zoning
Ordinance to add to the list of permitted uses in the C-3 Shopping Center
District. Application #Z87-10 also includes a request for consideration of
amendment of Article XIV, Definitions, by amending the definition in Section
42-620, Automobile accessory store and adding the definition in Section 42-630.1,
Automobile repair.
On July 7, 1987, the Salina City Planning Commission conducted a public hearing on
the subject application. At the conclusion of the hearing, the Planning Commission
voted 6-0 to recommend approval of an amendment to:
DIVISION 13. C-3 SHOPPING CENTER DISTRICT
Sec. 42-282. Permitted uses.
Permitted uses in the C-3 district are as follows:
(5) Automobile sales and rental, within a completely enclosed building;
(6) Automobile service and accessory stores, provided that all service
shall be conducted within a completely enclosed building.
Section 42-630. Automobile service and accessory store.
'Automobile service and accessory stores' are engaged primarily in the
business of selling and installing tires, batteries and other automobile
parts and accessories. Automobile service includes the lubrication of
automobiles and the replacement of minor parts but does not include major
repair work, such as motor replacement, body and fender repair or spray
painting.
COMMISSION ACTION
MOTION BY SECOND BY
TO':
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
7/2--~'0~'87 4:00 P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
1 TEM
NO.
BY: Roy Dudark BY:
Application'#Z87-10
Page 2
The Planning Commission also voted to recommend adding the following definition to
the Zoning Ordinance:
Sec. 42-630.1. Automobile repair.
'Automobile repair' is the repair, rebuilding or reconditioning of motor
vehicles or parts thereof, including such major repairs as spray painting,
body, fender, transmission, differential, axle, spring and frame repairs;
repairs of radiators requiring removal thereof and major overhauling of
engines.
Said amendment is recommended for approval based on conformance with the required
findings-of-fact set forth in Section 42-25 of the Salina City Zoning Ordinance.
If you concur with the recommendation, the attached ordinance should be placed on
first reading. Second reading is presently scheduled for July 27, 1987.
Eric. Application #Z87-10
Excerpt from P.C. Minutes
Ordinance #87-9196
COMMISSION ACTION
MOTION BY SECOND BY
TO:
P.C. Meeting Date July 7, 1987 Application No. Z87-10
Date Filed June 5, 1987 Fiqing Fee N/A
Reviewed By Receipt No. N/A
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CITY PLANNING CO~4ISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply
to the Salina City Planning Commission for
Amendment of Salina City Zoning Ordinance Article VI, Division 13 to add to
the permitted uses allowed within C-3 Shopping Center Districts.
Amendment of Salina City Zonin~ Ordi.nance Article XIV~ Definitions) by amendinq
the definition in Section 42-630~ Automobile accessory store and adding the
definition in Section 42-630.1, Automobile repair.
Applicant's Name (Print) Salina Citj/ Planning Commission
Address 300 West Ash, P. O. Box 736, Salina, KS 67402-0736 (Phone) 827-8781
Signature ~ ~L~~ ~
Attach additional signature sheets if necessary. Be sure to include name, address,
phone and signature of each applicant on the additional sheets.
If the applicant(s) is to be represented by legal counsel or an authorized agent,
please complete the following in order that correspondence and communications per-
taining to this application may be forwarded to the authorized individual.
Name of Representative
Address
Telephone (Business)
Salina City Planning Commission
July 7, 1987
Page 4
Mr. Dudark stated that he doesn't feel it is necessary because what the
ordinance says now is that the Planning Commission shall formulate a report
and recommendation and transmit that report to the City Commission. He
feels it is written broad enough that it can encompass any format that this
body wishes to use. Staff is merely suggesting that this policy statement
format be used because it is easier to use. We don't have to make future
updates of this through a zoning ordinance amendment.
Mrs. Denton stated that she is comfortable with that but she just wondered
if deleting those sections was going to leave a blank spot.
Mr. Dudark stated that he and Mr. Andrew had looked at the way that was
worded and the deletion of those will still procedurally leave it like it
exists in terms of report recommendations.
Chairman Roth stated that he assumes if the policy statements are adopted,
we are looking for more than making the motion and reading the ones like we
had done. He asked if we are looking for more substance?
Mr. Dudark stated that it always helps, he thinks, to apply the criteria to
the issue at hand in terms of a defense of an action at a future date. He
feels were you do have a unique situation, you are able to list those out.
He feels at times, it is unnecessary to do that, as long as the staff
report, hearing, minutes and comments support that. The court has said that
the minutes of the meeting can be used to substantiate action taken.
Chairman Roth clarified that as long as the staff report, comments during
the meeting, etc., relate to these particular policy guidelines, we should
be on safe ground.
Mr. Dudark answered yes, to the extent that this Commission can draw on
those items as they relate to the report and recommendation.
Mrs. Duckers asked, if we approved this, do we have to use the old findings?
Mr. Dudark suggested that this is an amendment to the text and the old
findings should still be referred to.
MOTION: Mrs. Duckers moved that Application #Z87-9 be approved with the adoption of
Attachment 1, Policy Statement #1 and Attachment 2, Policy Statement ~2
based upon the following findings-of-fact:
1. The change is consistent with the interest and purpose of this chapter;
2. The areas will be directly affected by this change; and
3. The proposed amendment is made necessary because of the changing
conditions.
SECOND: Mrs. Denton seconded the motion.
VOTE: The vote was unanimous (6-0) in favor of the motion. Motion carried.
Mr. Dudark stated that what staff will do is incorporate these policy
statements in your books for future meetings.
#4. Application #Z87-10, filed by the Salina City Planning Co~nission,
requesting consideration of amendment of Salina City Zoning Ordinance
Article VI, Division 13 to add to the permitted uses allowed within
C-3 Shopping Center Districts.
Amendment of Salina City Zoning Ordinance Article XIV, Definitions, by
amending the definition in Section 42-630, Automobile accessory store
and adding the definition in Section 42-630.1, Automobile repair.
Salina City Planning Commission
July 7, 1987
Page 5
Mr. Andrew gave the staff report, which is contained in the case file. He
stated that at the June 2, 1987 meeting, we discussed problems in our
regulations dealing with uses in the C-3 (Shopping Center) District. Right
now, there are several uses being conducted in C-3 that are not expressly
allowed under our regulations. An example would be the sale of automobiles
inside the Central Mall and the sale and installation of accessories like
tires and batteries at Wal-Mart and Sears. In response to that, we have
made several suggested changes, allowing these uses in a C-3 district. The
language for these is found on the second page of the staff report. What
this would do is allow automobile sales and rental as long as it is in a
completely enclosed building to be a permitted use in the C-3 (Shopping
Center) zone and allow automobile service and accessory stores, which would
cover things like Sears, Wal-Mart, Western Auto, places that both sell
accessories like tires and batteries and install them. Staff's recommenda-
tion would also include an amendment to our existing definition, which was.
automobile accessory store, changed to be more inclusive to include automo-
bile service and accessory stores. To make the distinction clear, we have
added a definition for automobile repair so that it will be a clear dis-
tinction between automobile service, being minor things such as batteries
and ,tires, and automobile repair, which would include things such as spray
painting, frame straightening where major parts are taken off a car and
there is heavy work and noise.
Mr. Anderson asked if the activities being referred to are for completely
enclosed buildings and how do you handle it if K-Mart decides to bring a
trailer of tires and sell them on the outside?
Mr. Andrew answered that that would be sales, but not service. The idea
behind this would be like Sears or Wal-Mart where they have 9arage space
that all the cars would be pulled inside and work done inside with no
outdoor work being done.
Chairman Roth clarified that legally now we can have sales of automotive
parts, but not the whole automobile together.
Mr. Andrew answered that that is correct, nor rental either. This would
allow places like Bennett Pontiac to sell and lease or rent cars from that
location in the Mall but it wouldn't allow anyone to set up an outdoor used
or new car lot in a C-3 district. They can do that now in a C-5.
Mrs. Denton stated that the only question she has is would we want to put
in on 1.b that service and storage should be conducted in an enclosed
building on the off chance that someone would decide that they are going to
bring in their car today and leave it in the parking lot, putting the tires
on tomorrow. Could that happen or she asked if she is splitting hairs on
that.
Mr. Andrew stated that that could happen, but he doesn't anticipate this to
be a problem.
Mrs. Denton asked if this is the camels nose in the tent. If we had a
couple of cars waiting for parts, when is it too many cars and when is it
an outdoor storage yard.
Mr. Dudark stated that the ordinance now in a C-3 district limits that to
an enclosed building with storage of goods being conducted in an completely
enclosed building.
Chairman Roth stated that, since we are in the process of changing, we are
changing obviously because so that the existing C-3s will now be
conforming. He asked if there are other activities that could be conducted
in a C-3 that we could change at the same time?
Salina City Planning Commission
July 7, 1987
Page 6
Mr. Dudark answered that, unfortunately, when we amend any ordinance, we
have to advertise that amendment in advance before we can take any action
on it. TheKe are some other things he wants to bring up under other busi-
ness in terms of cleanin9 up our ordinance. He stated that one is C-3 with
regards to lot coverage.
MOTION: Mrs. Denton moved that Application #Z87-10 be approved subject to the
following:
1. The proposed amendment is consistent with the intent and purpose of
the Zoning Ordinance;
2. The amendment will not adversely affect the orderly development of the
City of Salina and it will bring us into compliance with the existing
conditions; and
3. This is not detrimental to public health, safety or general welfare of
the City of Salina.
SECOND: Mr. Presley seconded the motion.
VOTE: The vote was unanimous (6-0) in favor of the motion. Motion carried.
#5. Other Matters.
Mr. Dudark stated that we will have a rest from meetings for awhile. No
items have been scheduled for the July 21st Planning Commission meeting or
the August 4th meeting. The City Commission will be having a break from
August 10 to September 14, 1987. He stated that even if we met during that
period, they wouldn't be able to take final action. He stated that the next
meeting will be August 18 which will include the planned commercial district
that we talked about earlier. Staff would also like authorization to
schedule two other items on the 18th meeting. The Annual Review of the
Comprehensive Plan and some minor adjustments of the Zoning Ordinance. He
stated that there may be a number of these changes, but we will try to take
them a few at a time. He feels we should take an overall look at our Zoning
Ordinance in the future.
Chairman Roth asked if there are any objections for the placement of these
items on the agenda of August 18th?
The Board was in consensus of these items being added.
Mr. Dudark stated that the City Commission did give approval to the CIP
which was changed to accelerate Crawford Street widening by one year.
There being no further business, the meeting adjourned at 4:40 P.M.
Roy/Ddd~rk, Secretary
APPROVED:
'[Published In The Salina Journal July , 1987}
ORDINANCE NUMBER 87-9196
AN ORDINANCE PRESCRIBING THE PERMITTED USES IN C-3,
SHOPPING CENTER DISTRICTS; AMENDING SECTIONS ~,2-282 AND #2-630 AND
REPEALING THE EXISTING SECTIONS; AND BY ADDING SECTION ~2-630.1.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section ~2-282 of the Salina Code Is hereby amended
to read as follows:
"Section ~2-282. Permitted uses.
Permitted uses in the C-3 district are as follows:
(1)Antique shops;
(2)Apparel stores;
(3)Appliance stores;
( 4} Auditoriums and community theatres;
( 5} Automobile sales and rental, within a completely
enclosed building;
(6) Automobile service and accessory stores, provided that
all service shall be conducted within a completely
enclosed building;
( 7} Banks and financial institutions;
~ (8) Barbershops;
( 9} Beauty shops;
[10) Bicycle shops; -
(11} Blueprinting and photostating establishments;
(12} Bookstores;
(13} Business and professional offices;
(1~!} Camera and photographic supply stores;
(15) Carpet and rug stores;
[16) China and glassware stores;
(17~ Churches, chapels, temples, synagogues, cathedrals
and shrines;
(18) Department stores;
(19) Dog kennels, providing that such facilltles are
completely enclosed and that no odor or noise is
discernible outside the structure;
(20) Dry cleaning establishments;
(21) Drygoods stores;
(22) Florist shops;
[25)Food stores, including, grocery stores, meat markets,
bakeries, and delicatessens;
(2q} Furniture stores;
(25}Furrier shops, including the incidental storage and
conditioning of furs;
(26} Gasoline service stations;
(27} Gift shops;
(26) Governmental buildings;
(29) Group day care centers provided that such use shall be
separated from any commercial or industrial use by a
four hour fire-resistant assembly, or by a clear space
of at least 20 feet.
(30} Hardware stores;
(31} Hobby shops;
(32} Hotels and motels;
(33} Interior decorating shops, including upholstering,
making of draperies, slipcovers and other similar
articles which are conducted as a part of, or secondary
to, a retail operation:
(3q) Jewelry stores;
(35} Leather goods and luggage stores;
(361 Mail-order houses;
(371 Medical and dental clinics, and guidance centers;
(381 Mortuaries and funeral homes; including crematories,
providing that such facility is completely enclosed and
that no odor _ or noise is discernable outside the
structure;
(391 Music stores and musical instrument sales and repair;
(#0) Newsstands~ : _
(a,1) Optical sales;
(42} Package liquor stores;
(a,31 Paint and wallpaper stores;
(4a,) Pet grooming shops;
(45) Pet stores;
(461 Pharmacies;
(q71 Physical and health services such as private
gymnasiums and reducing salons;
(a,8}Private clubs (clubs and organizations, and fraternal
and service clubs as defined only);
(q9} Printing plants~
(501Public utility uses including substations and ambulance
services;
(51} Radio and television broadcasting stations;
(521 Recording studios;
(53) Research laboratories;
(54) Restaurants, with or without drive-up window service,
other than drive-in establishments;
(55) Restricted production and repair limited to the
following: Alteration and custom tailoring of clothing
for retail sale only; jewelry from precious metal;
watches; dentures; optical lenses; and other similar
activities;
(56) Schools: music, dance or business;
(57) Self-service laundry and dry c~eaning establishments;
(58) Small animal hospitals, providing that such facility is
completely enclosed and that no odor or noise is
discernible outside the structure;
(59) Sporting goods stores;
(60} Tailors;
(61 } Telephone exchanges and telephone transmission
equipment structures;
(62~ Theatres, indoor only;
(63) Travel bureaus and transportation ticket offices;
(6u,) Variety stores;
(65} Any other similar retail business not specifically listed
is permitted if it complies with the conditions and the
restrictions contained in section 42-286 of this chapter:
.(66} Accessory and temporam/ uses, as permitted by article
IV of this chapter; ~-
(67} SignS, as permitted by article X of this Chapter:.
[68) Off-street parking and' loading, as required by
article XI of this chapter."
Section 2. That Section 42-630 of the SaUna Code is hereby amended
to read as follows:
"Section 42-630. Automobile service and accessory stores.
'Automobile service and accessory stores' are stores engaged
primarily in the business of selling and installing tires, batteries and
other automobile parts and accessories. Automobile service includes
the lubrication of automobiles and the replacement of minor parts but
does not include major repair work, such as motor replacement, body
and fender repair or spray painting."
Section 3. That Article XIV of Chapter 42 of the SaUna Code is
hereby amended by adding Section ~,2-630.1 which shall read as follows:
"Section 42-630.1. Automobile repair.
'Automobile repair' is the repair, rebuilding or
reconditioning of motor vehicles or parts thereof, including
such major repairs as spray painting, body, fender,
transmission, differential, axle, spring and frame repairs;
repairs of radiators requiring removal thereof and major
overhauling of engines."
Section ~,. That the existing Sections q2-282 and q2-630 are hereby
repeal ed.
Section 5. That this ordinance shall be in full force and effect from
and after its adoption and publication once tn the official city newspaper.
~ntroduced: July 20, 1987
Passed: July 27, 1987
Stephen C. Ryan, Mayor
[SEAl]
ATTEST:
Robert K. Biles, City Clerk