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7.2 Return Zoning Orig Townsite CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE 8-17-81 TIME 4:00 p.m. AGENDA SECTION: NO. 7 Development IITEM NO. OR IGI NATI NG DEPARTMENT: Planning APPROVED FOR AGENDA: BY: ~ Re: Application #Z81-14, filed by Salina Journal, Inc., requesting rezoning of Lots 175, 177, 179 and 181 on Fifth Street and Lots 180, 182 and 184 on Fourth Street, Original Townsite, City of Salina, Kansas from Districts "C-3" and "R-3" (Shopping Center and Multiple-Family) to District "C-4" (Central Business District) (Approximately 313-321S. Fifth and 332 S. Fourth) At their August 4, 1981 meeting the Salina City Planning Commission held a public hearing on Application #Z81-14. The discussion on the case centered primarily around the proper boundary for the Central Business District and whether or not this proposed extension would be appropriate. There was also concern over whether office supply establishments are permitted uses only in the "C-4" zone or if they are permitted also in the "C-3" zone and about the lack of required parking and setbacks in the "C-4" zone as applied to this area. The Planning Commission passed a motion (7-1) recommending amendment of the application from "C-4" to "C-3" and approval as amended. Essentially, this would allow the construction of the proposed facilities but only if certain minimum parking requirements and setbacks are met. This recommendation was based upon the following Findings of Fact: The change in classification appears to be consistent with the intent and purpose of the zoning ordinance (Sec. 36-101). Although every permitted use in the proposed "C-3" zone is not compatible with uses permitted or existing on property in the immediate vicinity, (specifically the "R-3" to the north, east, and west), the zoning ordinance provides for screening and/or increased setbacks to reduce the impact of the proposed "C-3" zoning on the residentially zoned areas. In addition, the residential zoning is an isolated pocket and will probably be eliminated in the future. There are adequate utilities available to the ~request area to meet its anticipated needs. MOTION BY ' TO: COMMISSION ACTION SECOND BY CITY OF SALINA RE(;~JEST FOR COMMISSION ACTION DATE 8-17-81 TIME 4:00 p.m. AGENDA SECTION: NO. Development ORIGINATING DEPARTMENT: Planning BY: APPROVED FOR AGENDA: BY: Re: Application #Z81-14 Page Two No errors in the application of the zoning regulations are known to have occurred. This application does result from changing conditions in the area. Over the past several years, the area immediately south of the central business district has lost its residential character to obtain a commercial one. This change represents.a continuation of that trend. To approve the proposed amendment, in accordance with the Planning Commission's recommendation, the City Commission must pass the attached ordinance on 1st Reading today. Second Reading would then be scheduled for August 24, 1981. The County Treasurer certifies there are no delinquent taxes on this property. Enclosure: Vicinity Map Ordinance #81- 8869 cc: Fred Vandegrift Bob Batt Ralph Ricklefs COMMISSION ACTION ~'~OTION BY SECOND 8Y TO: Application #Z81-14 Lots 175, 177, 179 & 181 on 5th Street Lots 180, 182 and 184 on 4th Street Original Townsite REQUEST AREA MULBERRY STREET t85 ,.oS,~UTH Street R-3 & C-3 to C-4 147 144 17,4 171 ORDINANCE NUMBER 81-8869 (Published in The Salina Journal , 1981) AN ORDINANCE PROVIDING.FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 36 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain ]and therein, hereinafter described has been timely complied with, and SO NOW, THEREFORE, Kansas: BE IT ORDAINED by the Board of Commissioners of the City of Salina, Section 1. AMENDMENT. DISTRICT "C-3", SHOPPING CENTER DISTRICT. That the Zoning District Map of the City of Salina, Kansas, hereto duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to-wit: Lots 175, 177, 179 and 18l on Fifth Street, and Lots 180, 182, and 184 on Fourth Street, Original Townsite of the City of Salina, Saline County, Kansas shall become a part of District "C-3". SHOPPING CENTER DISTRICT. That the use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 36 of the Salina Code, with reference to the SHOPPING CENTER DISTRICT. Section 2. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: August 17, 1981 Passed: August 24, 1981 (SEAL) ATTEST: Merle A. Hodges, M.D., Mayor D. L. Harrison, City Clerk