8.1 Appeal CU03-2B CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5/7/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: _ 8 .
Development Services BY' . 1 t
�ils,
ITEM Planning FINAL APPROVAL:
NO: 1 1)A
Page 1 BY: Dean Andrew BY:
ITEM:
Set a hearing date to hear an appeal of the Planning Commission's failure to approve Conditional
Use Application #CU03-2B filed by Salina Regional Health Center.
Sec. 42-597.2(d) of the Salina Zoning Ordinance states:
"An applicant who is dissatisfied with the decision of the Planning Commission may
appeal the decision to the board of City Commissioners, provided the appeal is
submitted in writing to the office of the Zoning Administrator within fourteen (14) days
from the Planning Commission's action."
Jack Hinnenkamp, representing Salina Regional Health Center, filed a written appeal on April 24,
2012 which was within fourteen (14) days of the Planning Commission's April 17, 2012 decision not to
approve Salina Regional Health Center's application to amend the original Conditional Use Permit for
the Hospice Center at 730 Holly Lane to allow the addition of office and clinical space for Veridian
Behavioral Health and construction of additional off-street parking at the Hospice Center.
RECOMMENDED ACTION:
1. Acknowledge receipt of a written appeal filed by Salina Regional Health Center within the 14
day appeal period.
2. Refer this item back to the Planning Commission's May 15, 2012 agenda to further articulate
the reasons for the Planning Commission's failure to approve the Salina Regional Health
Center's application on April 17, 2012.
3. Set May 21, 2012 as the hearing date to consider all information, testimony and minutes of the
Planning Commission's public hearing and decision on the Salina Regional Health Center's
amended Conditional Use Permit application.
Staff would note that as this is a quasi-judicial land use matter, the rules prohibiting ex parte contacts
by interested parties with individual Commissioners are now in effect.
Enclosures: Sec. 42-597(d)
Appeal letter
cc: Jack Hinnenkamp, SRHC
Dana Morse
commencement and completion dates, lighting, operational controls, duration of a use,
improved traffic circulation, access restrictions, parking requirements, drainage facilities or any
other requirement which the commission deems appropriate upon a finding that they are
necessary to fulfill the purpose and intent of this chapter.
(d) Appeal to city commission. An applicant who is dissatisfied with the decision of the planning
commission may appeal the decision to the board of city commissioners, provided the appeal is
submitted in writing to the office of the zoning administrator within fourteen (14) days from the
planning commission's action. Upon receipt of an appeal from the action of the planning
commission, the board of commissioners shall set a hearing date to consider all information,
testimony and minutes of the planning commission's public hearing to reach a decision on the
applicant's request. The board of city commissioners may affirm the decision or return the
application to the planning commission for further consideration together with a statement
specifying the basis for their disagreement. Upon receipt of a second decision from the planning
commission, the board of city commissioners may affirm, modify or overrule the decision of the
planning commission. The board of commissioners shall overrule the planning commission by a
favorable vote of a majority of the full board of commissioners.
(e) Protest. Affected property owners shall have the same right to present a protest petition to the city
commission as property owners in rezoning cases. The protest procedure shall be as provided in
K.S.A. 12-708 and section 42-26(b) of this chapter.
(f) Period of validity. No conditional use permit granted by the planning commission shall be valid for a
period longer than one hundred eighty (180) days from the date in which the planning commission
grants the conditional use, unless within such one hundred eighty (180) day period:
(1) A building permit is obtained and the erection or alteration of a structure is started; or
(2) An occupancy permit is obtained and a use commenced.
The planning commission may grant one extension not exceeding one hundred eighty (180) days,
upon written application, without notice or hearing.
(Ord.No.88-9244,§3,4-11-88)
Sec. 42-598. Fees.
Every application for a zoning certificate, occupancy certificate, variance, conditional use permit, or
amendment, or the filing of a notice of appeal shall be accompanied by such fee as shall be specified
from time to time, by ordinance of the board of commissioners.
(Code 1966,§36-1202)
Sec. 42-599. Violations and penalties.
(a) Complaints of violations. Any person may file a written complaint with the zoning administrator of
an alleged violation of these regulations stating fully the cases and basis for such violation. The
zoning administrator shall record such complaint, investigate it, and take appropriate action as
necessary.
(b) Notification. Whenever the zoning administrator has determined that any of the provisions of the
regulations have been or are being violated, he shall notify, in writing, the person responsible for
such violation, indicating the nature of the violation and ordering the action necessary to correct it.
The zoning administrator may order:
(1) Discontinuance of any illegal use of land, buildings, or structures;
(2) Removal of illegal buildings, structures or any additions or alterations thereto;
- 841-
fROORMWOUI
Qo Salina Regional I - o
®� Health Center i
400 S.Santa Fe 1 139 N.Penn P.O.Box 5080
Salina,Kansas 67402-5080
785.452.7000 1 www.sncc.com
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A healthcare organization or
April 19 2012
P ,
Mr. Dean R. Andrew
Director of Planning and
Community Development
P.O.Box 736
300 West Ash
Salina,Kansas 67402-0736
Re: SRHC proposed Veridian services at the Kay Pogue Hospice of Salina facility at 730 Holly
Lane.
Dear Mr. Andrew:
Thank you for your e-mail information in response to the questions submitted regarding the
procedure for pursuing the next steps in the conditional use process for having our Veridian
services placed in a portion of the SRHC Hospice facility at 730 Holly Lane.
The purpose of this letter is to advise that Salina Regional Health Center takes exception to the
determination of the Planning Commission rejecting the requested conditional use adjustment for
that facility to include the Verdian services. Salina Regional Health Center intends to advance to
the next step in the procedure,which I understand from your response, is to request the
opportunity for a hearing of this issue and a ruling from the Salina City Commission. Salina
Regional Health Center would further request an opportunity to mutually agree on a date for the
Salina Commission hearing that allows Salina Regional Health Center sufficient time to prepare
responses to the issues raised at the Salina Planning Commission.
Please contact,me with any questions you may have related to this letter or subject. I will rely on
your response for additional steps that may be necessary by Salina Regional Health Center to
ensure advancing to the next level in the review and determination process.
S400 incerely,
a Hi am
Facilities
alina Regional Health Center
South Santa Fe
Salina,Kansas 67401
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