7.1 Day Care in Commercial AreaCITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
1-17-83 4:00 P.M.
AGENDA SECTION: Development ORIGINATING OEPARTNIENT: APPROVED FOR
NO.? Community Development AGENO~ ,~
Planninq Division
BY: BY: ~
RE: Application #Z82-15, filed by Star B, Inc., requesti/ng an amendment of
Sections 42-252, 42-267, 42-282, 42-302, 42-317 and 42-332 of the Salina
Code. Said amendment would allow "Group Day Care Centers" in all commer-
cial districts.
At their January 4, 1983 meeting, the Planning Commission held a public hearing
on Application #Z82-15. The Planning Commission passed a motion (6-2) recommend-
ing that the zoning ordinance be amended as follows:
Sec. 42-252. Permitted Uses.
Permitted uses in the "C-I" district are as follows:
(2) Group Day Care Centers provided that such use shall be separated from
any commercial or industrial use by a four hour fire-resistive assembly,
or by a clear space of at least 20 feet.
Sec. 42-267. Permitted Uses.
Permitted uses in the "C-2" district are as follows:
(11) Group Day Care Centers provided that such use shall be separated from
any commercial or industrial use by a four hour fire-resistive assembly,
or by a clear space of at least 20 feet.
Sec. 42-282. Permitted Uses.
Permitted uses in the "C-3" district are as follows:
(26) Group Day Care Centers provided that such use shall be separated from
any commercial or industrial use by a four hour fire-resistive assembly,
or by a clear space of at least 20 feet.
Sec. 42-302. Permitted Uses.
Permitted uses in the "C-4" district are as follows:
(34) Group Day Care Centers provided that such use shall be separated from
any commercial or industrial use by a four hour fire-resistive assembly,
or by a clear space of at least 20 feet.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE TIME
1-17-8: 4:00 P
AGENDA SECTION: Development ORIGINATING OEPARTNIENT: APPROVED FOR
NO, Community Development AGENDA:
Plannin9 Division
ITEM
NO.
LBY: BY:
Application #Z82-15
Page 2
Sec. 42-317. Permitted Uses.
Permitted uses in the "C-5" district are as follows:
(24) Group Day Care Centers provided that such use shall be separated from
any commercial or industrial use by a four hour fire-resistive assembly,
or by a clear space of at least 20 feet.
Sec. 42-332. Permitted Uses.
(45) Group Day Care Centers provided that such use shall be separated from
any commercial or industrial use by a four hour fire-resistive assembly,
or by a clear space of at least 20 feet.
This recommendation is based on the following findings-of-fact:
(1) This change is consistent with the interest and purpose of the Zoning
Regulations because it would promote the public convenience and would
promote a beneficial relation between the use of land and the circula-
tion of traffic in the City. One of the concerns in locating day care
centers in residential districts is the effect of the increased traffic
on the residential area. If the centers are located in commercial dis-
tricts which abut collector or arterial streets, this concern would be
minimized.
(2) The area most likely to be affected are all commercial properties. This
would allow the properties to add one potential use.
(3) The amendment is made necessary due to changes in the practice of pro-
viding day care to children. There has been a move to larger, commer-
cially run centers. This would not force centers to relocate to commer-
cially zoned areas or put smaller home operated centers out of business,
rather it would allow a different type of day care to be offered.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMI SS I ON ACT ION OATE TIME
1-I 7-83 4:00 P.M.
!AGENDA SECTION: Development ORIGINATING OEPARI'NIENT: APPROVED FOR
NO. Community Development AGENDA:
Planning Division
NO.
BY: BY:
Application #Z82-15
Page 3
To approve the amendment, the City Commission must pass the attached ordinance
on first reading today. Second reading would then be scheduled for January
24, 1983.
Enclosures: Ordinance #
cc: Jerry Vanier
Wally Storey
COMMISSION ACTION
MOTION 8Y SECOND BY
TO:
(Published in The Saiina 4ournai
AN ORDINAHCE PROVIDING THAT GROUP DAY CARE CE~ITERS ~AY BE ALLOWED AS
PERHZTTED USES iN CERTAIN 9ISTRICTS AND AMENDING SECTIONS 42-252, 42-267, ~2-282,
42-302, 42-3!7, a2-332 OF TNE SALENA CODE; ~ND REPEALING THE EX!ST~NG SECTIONS.
BE IT ORBAINED BY THE Governing Body of the City of Satina, Kansas:
Section 1. That Section 42-252 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-252. Permitted uses.
Permitted uses in the C-i district arc as follows:
(1) Businesses and professional offices, provided that any
warehouse or storage space associated with such offices shall
not exceed fifty (50) percent of the gross floor area of the
principal structure;
(2) Group day care centers orovided that such use shall be
separated from any commercial or industrial use by a four
hour fire-resistive assembly, or by a clear space of at least
20 feet.
(3) Medical and dental clinics, and guidance centers;
(4) Mortuaries and funeral homes;
(5) Office building or clinic: The following uses would be
permitted when located in an office building, or medical or
dental clinic, provided such uses could be entered only from
an interior lobby or hallway and there is no advertising or
display visible from the exterior of the structure:
a. Barbershops;
b. Beauty shops;
c. Gift shops;
d. Newsstands;
e. Package liquor stores;
f. Pharmacies;
g. Restaurants
(6) Office facilities for salesmen, sales representatives, or
manufacturer's representative, when no retail, wholesale, or
exchange of goods is made or transacted on the premises;
(7) Offices for ministers, rabbis, priests, etc.;
(8) Public utility uses, including substations and ambulance
services;
(9) Studios or offices for artists, sculptors, authors,
composers, photographers, or other similar uses;
(10) YMCA, YWCA and other similar organizations;
(11) Signs, as permitted by Article X of this chapter;
(12) Accessory and temporary uses, as permitted by Article IV of
this chapter;
(13) Off-street parking and loading as required by Article XI of
this chapter.
to read ~s fo]!cv~s:
"Sec. ,~o o--~
~-,-~,. Permitted uses.
?ermi
(1)
(2)
(3)
(4)
(5)
(6)
(7)
tied uses in the C-2 district are as follows:
Apparel stores;
Banks and financial institutions;
BarberShops;
Beauty shops;
Bicycle shops;
Business and professional offices;
Dry cleaning and laundry receiving stations where no
orocessing or clea~ing o¢ clothing is done on the premises;
(8) Florist shops;
(9) Food stores, including grocery stores, meat markets, bakeries
and delicatessens;
(10) Gift shops and variety stores;
(11) Group day care centers provided that such use shall be
separated from any commercial or industrial use by a four
hour fire-resistive assembly', or by a clear space of at least
20 feet.
(12) Hardware stores;
(13) Medical and dental clinics, and guidance centers;
(14) Mortuaries and funeral homes;
(15) Package liquor stores;
(16) Pharmacies;
fl7) Public utility uses including substations and ambulance
services;
(18) Restaurants, other than drive-in establishments;
(19) Self-service laundry and dry cleaning establishments;
(20) YMCA, YWCA, and other similar organizations;
(21) 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;
(22) Accessory and temporary uses, as permitted by article IV of
this chapter.
(23) Signs, as permitted by article X of this chapter;
(24) Off-street parking and loading, as required by article XI of
this chapter.
to read as Eollows:
"Sec. 42-282. 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) Banks and financial institutions;
(6) Barbershops;
(7) Beauty shops;
(8) Bicycle shops;
(9) Blueprinting and photostating establishments;
(10) Bookstores;
(11) Business and professional offices;
(12) Camera and photographic supply stores;
(13) Carpet and rug stores;
(14) China and glassware stores;
(15) Department stores;
(16) Dog kennels, providing that such facilities are completely
enclosed and that no odor or noise is discernible outside the
structure;
(17) Dry cleaning establishments;
(18) Drygoods stores;
(19) Florist shops;
(20) Food stores, including grocery stores, meat markets,
bakeries, and delicatessens;
(21) Furniture stores;
(22) Furrier shops, including the incidental storage and
conditioning of furs;
(23) Gasoline service stations;
(24) Gift shops;
(25) Governmental buildings;
(26) Group day care centers provided that such use shall be
separated from any commercial or industrial use by a four
hour fire-resistive assembly, or by a clear space of at least
20 feet.
(27) Hardware stores;
(28) Hobby shops;
(29) Motels and motels;
~0) Znte=i?r de,Joratim~ shots, includinc uoholsse~'~rg, makinq of
credences, slipcovers and g%her sim~r articles which are
conducted ~s a oars o~, o? sescndary so, a retail operation;
(3!] ,Jewelry stores;
(32) Leathe~ goods and luggage stores;
(33) f:!aii-order houses;
(3~) !!edical and der~al clinics, and guidance centers;
(35) ~qortuaries and funeral homes;
(36) ~qusic stores and musical instrument sales and ~epair;
(37) Newsstands;
(38) Optical sales;
(39) Package liquor stores;
(40) Paint and wallpaper stores;
~41) Pet grooming shops;
(42) Pet stores;
(43) Pharmacies;
(44) Physical and health services such as private gymnasiums and
reducing salons;
(45) Private clubs (clubs and organizations, and fraternal and
service clubs as defined only);
(46) Printing plants;
(47) Public utility uses including substations and ambulance
services;
(48) Radio and television broadcasting stations;
(49) Recording studios;
(50) Research laboratories;
(51) Restaurants, other than drive-in establishments;
(52) 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;
(53) Schools: music, dance or business;
(54) Self-service laundry and dry cleaning establishments;
(55) Small animal hospitals, providing that such facility is
completely enclosed and that no odor or noise is discernible
outside the structure;
(56) Sporting goods stores;
(57) Tailors;
(58) Telephone exchanges and telephone transmission equipment
structures;
(59) Theatres, indoor only;
(60) Travel bureaus and transportation ticket offices;
~61) Yar~ety stores;
(6£~ Any other similar retail business not soecificall? lis~ed is
oermitted if it complies with tho conditions and the
~estwictions contained in section 42-286 of this cnaD~er;
(63) Accessory and temporary uses, as permitted by article IV of
this chapter;
(64) Signs, as permitted by article X of this chapter;
(65) Of W-street parking and loading, as required by article XI of
this chapter.
Section 4. That Section 42-302 of the Saiina Code is hereby amended
to read as follows:
"Sec. 42-302. Permitted uses.
Permi
(l)
(2)
(3)
(~)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
tted uses in the C-4 district are as follows:
Antique shops;
ApDarel stores;
Appliance stores;
Art galleries, libraries and museums;
Auditoriums and community theatres;
Automobile sales, rental and service;
Auto parts stores;
Banks and financial institutions;
Barbershops;
Beauty shops;
Bicycle shops;
Blueprinting and photostating establishments;
Bookstores;
Bus stations;
Business and professional offices;
Camera and photographic supply stores;
Carpet and rug stores;
China and glassware stores;
Contractor's offices;
Department ~tores;
Dog kennels, providing that such facilities are completely
enclosed and that no odor or noise is discernible outside the
structure;
Dry cleaning establishments;
Drygoods sto~es;
Electrical contractors;
(~?) Electronic carts and sunmiies;
!25! Florist shoes;
(27) Food stores, including grcser7 stares, meat markets,
bakeries, and delicatessens;
(28 Fraternal and service clubs;
(29) Furniture stores;
(30) Furrier shops, including the incidental storage and
conditioning of furs;
(311 Gasoline service stations;
(32) Gift shops;
(33) Governmental buildings;
(34) Group day care centers provided that such use shall be
separated from any commercial or industrial use by a four
hour Fire-resistive assembly, or by a clear space of at least
20 feet.
(35) Hardware stores;
(36) Hobby shops;
(37) Hospitals, sanitariums, rest homes, and nursing homes,
providing that parking is provided in accordance with section
42-553;
Hotels and motels;
Interior decorating shops, includino upholstering, making of
draperies, slipcovers and other similar articles which are
conducted as a part of, and secondary to, a retail operation;
Jewelry stores;
Leather goods and luggage stores;
Mail-order houses;
Mechanical contractors;
Medical and dental clinics, and guidance centers;
Mini-warehouses;
Mortuaries and funeral homes;
Music stores and musical instrument sales;
(38)
(39)
(40)
(41)
(42)
(43)
(44)
(46)
(47)
(48)
(49)
Newspaper offices and printing;
Newsstands;
(50) Office equipment and supply;
(51) Optical sales;
(52) Package liquor stores;
(53) Paint and wallpaper stores;
(54) Parking garages and lots;
(55) Pawnshops;
(56) Pest control and exterminators;
(63)
(64)
(65)
(66)
(67)
(68)
(69)
(70)
(71)
(72)
(73)
(74)
(75)
(76)
(77)
(78)
(79)
(80)
(82)
(83)
(84)
Pet stores;
Pharmacies;
Physical ~md health services such as private gymnasiums and
reducing salons;
Printing plants;
Private clubs;
Public utility uses including substations and ambulance
services;
Radio and television breadcasting stations;
Radio and television repair shops;
Recording studios;
Restaurants, other than drive-in establishments;
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.
Schools: music, dance or business;
Self-service laundry and dry cleaning establishments;
Shoe repair shops;
Small animal hospitals, providing that such facility is
completely enclosed and that no odor or noise is discernible
outside the structure;
Sporting goods stores;
Tailor shops;
Taverns;
Telephone exchanges and telephone transmission equipment
structures;
Theatres, indoor only;
Travel bureaus and transportation ticket offices;
Variety stores;
YMCA, YWCA, and other similar organizations;
Any other similar retail business not specifically listed is
permitted if it complies with the conditions and restrictions
contained in Section 42-306;
Accessory and temporary uses, as permitted by article VI of
this chapter.
Signs, as permitted by article X of this chapter;
Off-street parking and loading, as required by article XI of
this chapter.
Section 5. That Section 42-317 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-317. Permitted uses.
Permitted uses in the C-5 district are as follows:
(1) Ambulance services;
(2) Automobile sales and rental and service;
(3) Automotive parts, wholesale;
(4) Automotive sales, service and parts;
(5) Banks and financial institutions;
(6) Barbershops;
(7) Beauty shops;
(8) Bicycle shops;
(9) Boat sales rental and service;
(10) Bonding agencies;
(11) Bowling alleys;
(12) Business and professional offices;
(13) Car washes;
(14) Carpet and rug stores;
(15) Commercial off-street parking as a principal use;
(16) Contractor's offices;
(17) Dog kennels, providing that such facilities are completely
enclosed and that no odor or noise is discernible outside the
structure;
(18) Equipment sales and rental, not including heavy equipment
type such as bulldozers and cranes;
(19) Food stores and delicatesens;
(20) Furniture stores;
(21) Garden stores, greenhouses and nurseries;
(22) Gasoline service stations;
(23) Gift and souvenir shops;
(24) Group day care centers provided that such use shall be
separated from any commercial or industrial use by a four
hour fire-resistive assembly, or by a clear space of at least
20 feet;
(25) Hardware stores;
(26) Hotels and motels;
(27) Package liquor stores;
(28) Paint and wallpaper stores;
(29) Pawnshops;
(30~ Peso conzrol ~nd exterminators;
(3i) ?harmacies;
(32) Pit:h ~nd putt, and miniature golf courses;
(33) Printing plants;
(34) Private clubs;
(35) Public utility uses, including substations;
(36! Recreational vehicle rental, sales amd qervice;
(37) Restaurants, including drive-in establishments, serving food
or beverages to customers For consumption on the premises or
in parked motor vehicles;
(38) Self-service laundry and dry cleaning establishments;
(39) Service and fraternal clubs and lodges;
(40) Small animal hospitals, providing ~hat such facility is
completely enclosed and that no odor or noise is discernible
outside the structure;
(41) Sporting goods stores;
(42) Truck sales and service;
(43) Variety stores;
(44) YMCA, YWCA, and other similar organizations;
(45) Any other similar retail business not specifically listed is
permitted if it complies with the conditions and the
restrictions contained in section 42-336;
(46) Accessory and temporary uses, as permitted by article IV of
this chapter;
(47) Signs as permitted by article X of this chapter;
(48) Off-street parking and loading, as required by article XI of
this chapter.
Section 6. That Section 42-332 of the Salina Code is hereby amended
to read as follows:
"Sec. 42-332. Permitted uses.
Permitted uses in the C-6 district are as follows:
(1) Agricultural implement sales and service;
(2) Ambulance services;
(3) Amusement parks and skating rinks;
(4) Animal hospitals, provided that all pens shall be in an
enclosed structure;
(5) Antique shops;
(6) Apparel stores;
(7) Appliance stores;
(8) Armories;
(9) Auditoriums and community theatres;
1!
(14)
(15)
(18)
(19)
(2o)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
2utcmobiie ~d truck sales ~d rental, inc!udinn accessory
re~air and oaintin~ ooera~ions and ~acilities, orevided that
such operations ,]r facilities shall comDi? with all ~he use
limitations in Sec%ion
) Automotive parts, wholesale;
Automotive sales, service and Darts;
Banks and financial institutions;
Barbershops;
Beauty shops;
Bicycle shoDs;
Blueprinti,ng and photostating establishments;
Boat sales rental and service;
Bon~ing agencies;
Bookstores;
Bowling alleys;
Business and professional offices;
Camera and photographic supply stores;
Car washes;
Carpet and rug stores;
China and glassware stores;
Con~mercial off-street parking as a principal use;
Contractor's offices;
Department stores;
Dog kennels, providing that such facilities are completely
enclosed and that no odor or noise is discernible outside the
structure;
Dry cleaning establishments;
Drygoods stores;
Electrical contractors;
Electronic parts and supplies;
Equipment sales and rental;
(36)Florist shops;
(37) Food stores and delicatesens;
(38) Fraternal and service clubs;
(39) Furniture stores;
(40) Furrier shops;
(41) Garden stores, greenhouses and nurseries;
(42) Gasoline service stations;
(43) Gift and souvenir shops;
~4} 3overnmenca~ bU~3dings;
:~5) Groun day care centers oro'~ided thac such use shall be
hour f~?s-~esisti~e sssembl]/, or by q clear space sC at least
(~6) Hardware stores;
(~7) Hobby shops;
(48) Hospitals, sanitariums, rest homes and nursing homes;
(~9) Hotels and motels;
(50} interior decorating shops, including upholstering, making of
draperies, slipcovers and other similar articles;
(51) Jewelry stores;
(52) Leather and luggage stores;
(53) Lumber yards;
(54) Mail-order houses;
(55) Mechanical contractors;
(56) Medical and dental clinics, and guidance centers;
(57) Mini-warehouses;
(58) Mobile home and trailer sales and rental, but not including
the use of any mobile home as a residence;
(59) Mortuaries and funeral homes;
(60) Music stores and musical instrument sales;
(61) Newspaper offices and printing;
(62) Newsstands;
(63) Office equipment and supply;
(64) Optical sales;
(65) Package liquor stores;
(66) Paint and wallpaper stores;
(67) Parking garages and lots;
(68) Pawnshops;
(69) Pest control and exterminators;
(70) Pet grooming shops;
(71) Pet stores;
(72) Pharmacies;
(73) Physical and health services;
(74) Printing plants;
(75) Private clubs;
(76) Public utility uses, including substations;
(77) Radio and television broadcasting stations;
(7~ ~c~3 and tele~'isien repair shops;
!T?) Recording studios;
!GO~ ~ecreational vehicle rental, sales and service;
(3i) Restaurants, including drive-in establishments;
(82) Restricted production and repair limited to the following:
Alteration and custom tailoring of clothuing for retail sale
only; jewelry from precious metals; watches; dentures;
optical lenses; and other similar activities;
(83) Schools: music, dance or business;
(84) Self-service laundry and dry cleaning establishments;
(85) Shoe repair shops;
(86) Sporting goods stores;
(87) Tailor shops;
(88) Taverns;
(89) Telephone exchanges and telephone transmission equipment
structures;
(90) Theatres, indoor only;
(91) Variety stores;
(92) YMCA, YWCA, and other similar organizations;
(93) Any other similar retail business not specifically listed is
permitted if it complies with the conditions and the
restrictions contained in section 42-336;
(94) Accessory and temporary uses, as permitted by article IV of
this chapter;
(95) Signs as permitted by article X of this chapter;
(96) Off-street parking and loading, as required by article XI of
this chapter.
Section 7. That the existing Sections 42-252, 42-267, 42-282, 42-302,
42-317, 42-332 of the Salina Code are hereby repealed.
Section 8. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: January 17, 1983
Passed: January 24, 1983
(SEAL)
ATTEST:
Keith G. Duckers, Mayor
D. L. Harrison, City Clerk