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7.1 Zone Belmont AddCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 11/22/82 4:00 P.M. AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. 7 AGENDA: C°mmunity~evel°pment NO. 1 BY: ~/~ ~"-~2~'/~ ,.~ BY: RE: Application #Z82-12, filed by Wally Storey, Jr., requesting rezoning of Lots 1 thru 10, Block 8, Belmont Addition, City of Salina, Kansas from District "C-I" (Restricted Business) to District "C-2" (Neighborhood Shopping District). (Approximately 2106-2140 South Ohio or 2105-2115 Belmont or 2103-2129 Oxford). On October 19, 1982, the Salina City Planning Commission conducted a public hearing on Application #Z82-12 as described above. A petition was presented with 49 signatures of persons in opposition to this application. At this meeting, a motion was approved by a vote of five in favor, two opposed and one abstention (5-2-1) to postpone this application until November 2, 1982 so that the applicant could have time to consider other options. On November 2, 1982, the Salina City Planning Commission continued the public hearing on Application #Z82-12. At this meeting, the applicant amended the request, to "C-2" (Neighborhood Shopping District). Representatives of the surrounding neighborhood were present and stated that they were still in opposition based on traffic, drainage, and the effect on the neighborhood. At this meeting, a motion was approved by a vote of five in favor, one op- posed and two abstentions (5-1-2) to approve this application as "C-2". The approval was based upon the following findings-of-fact: (a) The change in classification would be consistent with the intent and purpose of this chapter; (b) Every use that be permitted on the property if it were reclassi- fied would be compatible with the uses permitted on other property in the immediate vicinity; (c) Adequate sewer and water facilities, and all other needed public services, exist or can be provided to serve the uses that would 'be permitted on the property if it were reclassified; COMMISSION ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMISSION ACTION OATE TIME 11/22/82 ~:00 P.M. AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR NO. AGENDA: Community Development ITEM Planning Division NO. BY: BY: Application #Z82-12 Page 2 (d) The proposed amendment would correct an error in the application of this chapter; and (e) The proposed amendment is made necessary because of changed or chang- ing conditions in the area affected. To approve this application in accordance with the Planning Commission's re- commendation, the attached ordinance should be placed on First Reading today. Second Reading would be scheduled for November 22, 1982. The Saline County Treasurer certifies that there are no delinquent taxes on this property. Enclosure: Vicinity Map Ordinance #82-8948 cc: William H. Graves H.W. Steele Wally Storey, Jr. Greg Bengtson COMMISSION ACTION MOTION BY SECOND BY TO: Application #Z82-/2, filed by Ually ~S+ ey, Jr. Lots 1-10, block 8 BE .... ont Addition. Approx. 2106-2140 S. Ohio or 2105-2115 Belmont or 2103-2129 Oxford. "C-l" to "C-3" Request Area WAYNE GROUNDS I0 I, North CLARK, MIZE ~ LINVILLE, CHARTERED C;. L. CLARK UAMES P. MIZE PETER L. PETERSON L. A- Mc NALLEY OF COUNSEL HAND DELIVERED November 17, 1982 LAW OFFICES SOUTH EIGHTH- BOX 1343 SALI NA.~ KANSAS 6740 I 823-6325 D. L. Harrison, City Clerk City Clerk's Office City-County Building 300 West Ash Salina, KS 67401 Re: Placing of Rezoning Application No, Z82-12 On City Commission Agenda For November 22, 1982 Dear Mr. Harrison: On behalf of the applicant and property owners under Rezoning Application No. Z82-12, we request that consideration of the proposed rezoning ordinance on first reading be placed on the agenda for the November 22, 1982, meeting of the Salina City Commission. Thank you. Very truly yours, CLARK, MIZE & LINVILLE, CHARTERED G~o c:j_.~/)A · Bengt~7 cc: William H. Graves Harry W. Steele Wally Storey Keith Rawlings ORDINANCE NUMBER 82-8948 (Published in The Salina Journal , 1982) 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 property therein, hereinafter described has been timely complied with, and SO NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT "C-2". NEIGHBORHOOD SHOPPING DISTRICT That the Zoning District Map of the City of Salina, Kansas, 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 I through 10, Block 8, Belmont Addition to the City of Satina, Saline County, Kansas shall become a part of District "C-2". NEIGHBORHOOD SHOPPING 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 NEIGHBORHOOD SHOPPING 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: November 22, 1982 Passed: December 6, 1982 (SEAL) ATTEST: Keith G. Duckers, Mayor D. L. Harrison, City Clerk