7.1 University District Sign RegulationsCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
12/10/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7 DEPARTMENT BY: N/A
Development Services FINAL APPROVAL:
ITEM Planning
Page 1 1 BY: Dean Andrew BY:
ITEM: Ordinance No. 12 -0664
Application #Z12 -7, filed by Kansas Wesleyan University, requesting an amendment of Section 42-
518 in Article X Division 2 of the Sign Regulations applicable in the U (University) zoning district to add
advertising signs as a functional type of sign that can be approved through a Conditional Use Permit
in the U (University) district, to add scoreboard signs to the list of structural types of signs permitted in
the U (University) district and to allow the size and height limitations and setback requirements for
advertising signs at outdoor stadiums in the University district to be varied through the Conditional Use
Permit process. [This is a legislative matter and rules regarding ex parte contacts with individual
Commissioners do not apply to legislative matters.]
BACKGROUND:
In 2000, the Kansas Wesleyan University Athletic Department made arrangements for several local
businesses to place advertising signs on the back of the scoreboard at Glen Martin Stadium. After
the signs were put up, City staff received several inquiries from citizens about the signs. Staff
determined that no sign permit had been applied for or issued and that a sign permit could not legally
be issued because the signs were advertising signs, which advertised businesses that were not
located on the premises and advertising signs are not permitted in the U (University) district. A
violation notice was sent to Kansas Wesleyan asking that the signs be removed from the back of the
scoreboard. Discussion with Kansas Wesleyan staff and City staff ensued and Kansas Wesleyan
representatives said that they had checked with someone at the City and were told it was okay for
them to have the advertising signs on the back of their scoreboard. The ultimate result was a
Compliance Agreement between the City Manager and the President of Kansas Wesleyan University
allowing the signs to remain during the life of the signed leases and then requiring their removal once
the leases expired. A few years ago the signs were removed and the back of the scoreboard is now
blank and painted white.
Nature of Current Request
This summer Planning staff was contacted by representatives of Kansas Wesleyan University about
how to go about legally reinstating the advertising signs. They indicated that revenue from the signs
was an important part of their program budget. Planning staff informed the representatives that a text
amendment to the U (University) sign regulations would need to be applied for and approved. Staff
recommended taking a Conditional Use Permit approach allowing such signs to be reviewed on a
case -by -case, location -by- location basis and allowing neighboring property owners to receive notice
and have an opportunity to be heard on the matter.
Kansas Wesleyan University filed a zoning text amendment asking the Planning Commission to
reconsider the current prohibition on advertising signs in the University district and asking that
advertising signs be added as a type of sign that could be approved through a Conditional Use
Permit.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
12/10/2012 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: DEPARTMENT BY:
Development Services FINAL APPROVAL:
ITEM Planning
NO:
Page 2 BY: Dean Andrew BY:
Following the August 21, 2012, public hearing on this application, the Planning Cornrnission
authorized staff to proceed with development of the actual language of the text amendment to be
recommended and submitted for consideration by the City Commission. The City's legal counsel
recommended that the specific language of the text amendment be prepared by staff and that the
prepared text amendment be submitted to the Planning Commission for confirmation that it precisely
reflected the Planning Commission's recommendation. The language of the proposed text
amendment was prepared for Planning Commission consideration. Out of an abundance of caution,
notice was then published of the Planning Commission's November 20, 2012 further consideration of
this text amendment application.
Staff Comments / Analysis
This application filed by Kansas Wesleyan University presents -the policy question of whether off-
premise advertising signs, advertising business that are not located on the premises, should be
allowed in the University zoning district and if so, on what basis. The original U district sign
regulations did not allow for advertising signs because advertising signs (including billboards) are
primarily located along 1 -70 and 1 -135 and major trafficways in commercially zoned areas.
If approved, the amendment would apply across the board to all University district zoned properties
that have scoreboards (the KWU campus, St. John's Military School campus, K -State Salina campus
and the former Marymount College campus are the locations in Salina that are currently zoned
University), however, the proposed text amendment was narrowly drawn to attempt to address the
specifics of the Kansas Wesleyan scoreboard situation. In addition to adding advertising signs to the
list of functional sign types that could be approved under a Conditional Use Permit, the amendment
also adds "scoreboard signs" to the list of structural sign types and allows deviations to the limits on
sign size, sign height and setback to be approved under a Conditional Use Permit.
The advertising sign proposed by Kansas Wesleyan is:
576 sq. ft. in size Current limit is 160 sq. ft.
26 ft. in height Current limit is 10 ft.
Setback 40 ft. from Cloud Street Current minimum is 50 ft.
CONFORMANCE WITH STRATEGIC PLAN:
The following statement in the City of Salina's Shared Vision Statement may be applicable to this
request:
• Salina will be a city that is exciting to live in and thriving both economically and socially. The city
will be clean, attractive and inviting. Local residents will demonstrate their community pride by
sharing Salina's attributes with others. As a result, Salina will be a place with a quality of life that
not only appeals to residents, but to visitors.
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
12/10/2012 4:00 P.M.
ORIGINATING DEPARTMENT:
DEPARTMENT
Development Services
Planning
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
• Salina will be a city that encourages quality, market - driven, mixed -use development that
complements community cohesiveness.
The Strategic Plan contains the following Goals and Action Items:
GOAL: "The City will create a community of mixed -use, quality development and
redevelopment."
• Determine the most effective zoning and other land -use tools to encourage and support desired
mixed -use development.
Revise existing ordinances and policies to accommodate growth and development objectives.
Initial Planning Commission Action:
The Planning Commission conducted a public hearing on August 21, 2012 on this application from
Kansas Wesleyan University to amend the sign regulations applicable in the University zoning district.
In reviewing the application the Planning Commission considered three (3) questions:
1. Should static advertising signs (billboards) be permitted in the University district?
The Planning Commission recommended yes, but only through an approved Conditional Use
Permit.
2. If so, how large should such advertising signs be allowed to be?
The Planning Commission recommended that signs, at stadiums, larger than 160 sq. ft. be
allowed only through an approved Conditional User Permit.
3. Should electronic changeable copy signs, similar to what the Planning Commission recently
voted to allow in the Public Use districts, be allowed in University districts?
The Planning Commission deferred action on this question and asked that staff study this
matter further.
Following presentation of the staff report, comments from representatives of Kansas Wesleyan and
comments and questions from Commission members, the Planning Commission voted 7 -0 to
recommend that the U district sign regulations be amended to allow advertising signs as a conditional
use and that advertising signs at stadiums be allowed to exceed 160 sq. ft. if approved under a
Conditional Use Permit. The Planning Commission also voted 7 -0 to approve a Conditional Use
Permit for Kansas Wesleyan University's proposed 576 sq. ft. scoreboard advertising sign contingent
AGENDA SECTION
NO:
ITEM
NO:
Page 4
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
12/10/2012 4:00 P.M.
ORIGINATING DEPARTMENT:
DEPARTMENT
Development Services
Planning
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
upon the City Commission's approval of the zoning ordinance changes to the U district sign
regulations being requested by Kansas Wesleyan. The Planning Commission included a stipulation
that approval was for a period of five (5) years subject to Planning Commission review and renewal at
that time. The Planning Commission left it to staff to draft the details of the text amendment but the
City Attorney determined that the Planning Commission needed to review and make a
recommendation on the proposed amendment in its final form prior to the amendment being referred
to the City Commission for final action.
Planning Commission Follow Up Action:
The Planning Commission conducted a public hearing on the proposed text amendment in its final
form on November 20, 2012. Following presentation of the staff report, comments from a
representative of Kansas Wesleyan university and comments and questions from Commission
members, the Planning Commission voted 7 -0 to recommend to the City Commission that the zoning
text amendment language for Application #Z12 -7 be approved based on the following reasons:
1. The proposed amendment is consistent with the intent and purpose of the Zoning Ordinance;
and
2. The proposed amendment will not adversely affect the orderly development of the City of
Salina; and
3. The proposed amendment will not be detrimental to, or endanger the public health, safety or
general welfare of the City of Salina.
COMMISSION ACTION:
Staff has identified the following alternatives for the City Commission's consideration:
1. The City Commission could approve the text amendment as drafted which would add billboard
signs and advertising signs to the list of signs allowed in the U district. Under this alternative, a
Conditional Use Permit with surrounding property owner notification and a public hearing
would be required prior to erecting a billboard sign or an advertising sign on the rear of a
scoreboard located in a U district. Under this scenario, the Planning Commission would serve
as a filter determining which locations in the city's University zoned areas are appropriate
locations for advertising signs and which are not.
2. The City Commission could approve the requested text amendment with any modifications or
revisions to the language it deems appropriate.
3. The City Commission could refer this item back to the Planning Commission for additional
study or options.
4. The City Commission could vote to maintain the status quo and decide that no change should
AGENDA SECTION
NO:
ITEM
NO:
Page 5
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
12/10/2012 4:00 P.M.
ORIGINATING DEPARTMENT
DEPARTMENT
Development Services
Planning
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
be made to the U district sign regulations to accommodate advertising signs. The effect of this
action would be to maintain the prohibition on advertising signs within the University district
which would mean that Kansas Wesleyan would not be allowed to place signs on the back of
their scoreboard.
Staff Recommendation
Kansas Wesleyan's application presents a legislative policy decision as to what type of signs should
be allowed at outdoor athletic stadiums located in the city's University district.
Staff would recommend that the City Commission take whatever action it deems to be in the best
interest of the public and University district zoned areas.
Enclosures: Application
Elevation of proposed sign
Excerpt of 8/21/12 and 11/20/12 PC Minutes
Ordinance No. 12 -10664
cc: Jeff Chapman, KWU
Planning &
Community
Develooment
Publication Date
July 31, 2012
Application No.
#Z12 -7
Hearing Date
August 21, 2012
Date Filed
July 20, 2012
Filing Fee
$246.00
Receipt No.
128579
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CITY PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for:
Review of the current prohibition on advertising signs (billboards) in the U (University) district, an amendment of the list of
functional types of signs permitted in Section 42- 518(1) of the University district sign regulations to add advertising signs
as a type of sign that can be approved through a Conditional Use Permit in the U (University) district and an amendment of
Section 42- 518(7) to allow electronic changeable copy signs in the U (University) district.
Applicant's Name (print)
Applicant(s) Signature
Attach additional signature sheets
additional sheets.
Date 7/20/2012
Be sure to include name, address, phone and signature of each applicant on the
If the applicant is to be represented by legal counsel or an authorized agent, please complete the following in order that
correspondence and communications pertaining to this application may be forwarded to the authorized individual.
Name of representative Dave Dallas, KWU Athletic Director
Mailing Address, City, State, Zip 100 E. Claflin, Salina, KS 67401
Telephone (Business) and E -Mail 452 -2368 (cell); dallas @kwu.edu
PLF — 053, Application Zoning Text Amendment, Rev. 6 -2008
Existing Billboard Regulations
Salina's Sign Regulations in Chapter 42 of the City Code only permit off - premises
advertising signs to be located in the A -1 district and specific commercial and
industrial districts. Existing regulations which apply to off - premises advertising signs
in Salina include the following:
In A -1 (Agricultural) districts:
Number of signs permitted. One (1) per zoning lot provided that advertising signs
shall not be permitted within five hundred (500) feet of a residence and not closer
than five hundred (500) feet from another advertising sign.
Maximum gross surface area: Four hundred (400) square feet.
Required setback. None required, except that any sign which exceeds two hundred
(200) square feet in gross surface area shall maintain the same setback that is
required for principal structures and in no case shall a sign project over public
property.
Illumination: Illumination of signs is prohibited.
In Residential, Public Use, University, Hospital - Medical, C -1, C -2, C -3 and
1 -1 districts:
Off - premises advertising signs are not permitted.
In C -5, C -6 and C -7 districts:
Number of signs permitted:, No limitation.
Maximum gross surface area: Four (4) square feet of sign area for each lineal foot
of building frontage. Where no building frontage exists, four (4) square feet of sign
area for each lineal foot of street frontage.
Required setback: None required, except that any sign which exceeds two hundred
(200) square feet in gross surface area shall maintain the same setback required for
principal structures, and in no case shall a sign project over public property.
Illumination: Illuminated signs shall be permitted.
In 1 -2 and 1 -3 districts:
Number of signs permitted: No limitation.
Maximum gross surface area: Four (4) square feet for each lineal foot of street
frontage.
Required setback: None required.
Illumination: Illuminated signs shall be permitted.
*It should be noted that there are several billboards located throughout the city that
are considered legal non - conforming signs under the provisions of the Zoning
Ordinance and may not comply with one or more of the existing regulations based
on when they were installed.
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SUMMARY MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Tuesday, August 21, 2012
4:00 p.m.
MEMBERS
PRESENT: Birdsong, Hodges, Kennedy, Mikesell, Perney, Ryan, Welsh
MEMBERS
ABSENT: Bossemeyer, Brooks
STAFF
PRESENT: Andrew, Burger, Herrs, Norris
Chairman Ryan called the meeting to order at 4:00 p.m.
#1. Approval of the Summary Minutes of the August 7, 2012 regular meeting.
The summary minutes of the regular meeting held on August 7, 2012 were approved as
presented.
Public Hearing Items
Chairman Ryan informed the audience that Father Kerry Ninemire has requested to
be able to comment about Public Hearing Agenda Items #3 & #4 at the beginning of
today's meeting due to a scheduling conflict, and asked if there was any opposition
to the proposed change in schedule; there being none, he opened the public hearing
for Agenda Items #3 and #4.
Father Kerry Ninemire of Saint Mary's Parish, 230 East Cloud Street, stated that the
church, Saint Mary's Grade School and Sacred Heart Junior /Senior High School
support the proposed billboard sign on the back of Kansas Wesleyan University's
stadium scoreboard.
Chairman Ryan thanked Father Kerry for his comment and asked if there were any
further public comment on Items #3 & #4 at this time; there being none, he opened
the public hearing on Item #2.
#2. Application #CU03 -2B, filed by Jack Hinnenkarrip on behalf of the Salina Regional
Health Center, requesting approval of an amended Conditional Use Permit to allow
offices and clinical space for Veridian Behavioral Health to be located in the Hospice of
Salina facility at 730 Holly Lane which is located in an R (Single - Family Residential)
zoning district. (Returned by the City Commission to reconsider the Planning
Salina Planning Commission
August 21, 2012
Page 10 of 23
Mr. Stack stated we have discussed it many times and that Bill Burke doesn't
meet the required traffic counts enough times for a traffic control device. He
stated Holly Lane doesn't come close to the requirement.
Commissioner Mikesell stated the traffic consideration is not paramount in his
mind. He stated he missed the first two meetings but has read the staff reports.
He stated he doesn't believe the people on Victoria Heights will see anything
different than what they see now. He stated the hospital is a good neighbor and
he is unaware of complaints. He stated he would like to reconsider the
application and pass it.
Chairman Ryan asked for additional questions or comments; there being none,
he stated he was ready to hear a motion.
MOTION: Commissioner Kennedy made a motion to approve Application
#CU03 -2B with conditions #1, #2, #3 as listed at the top of Page
10 in the staff report, excluding the condition to relocate the
Veridian entrance to the rear (north side) of the building, and
incorporating the three conditions proposed by Mr. Morse and
agreed to by Salina Regional Health Center.
SECOND: Commissioner Mikesell
Chairman Ryan stated we can't make everybody happy and asked the
Commission to do what is right for Salina. He stated this is a good match and a
great piece of infill development.
VOTE: Motion carried 4 -2 (Birdsong and Perney opposed). Mr. Welsh
recusing himself.
#3. Application #Z12 -7, filed by Kansas Wesleyan University, requesting a review of
the current prohibition on advertising signs (billboards) in the U (University)
district, an amendment of the list of functional types of signs permitted in Section
42- 518(1) of the University district sign regulations to add advertising signs as a
type of sign that can be approved through a Conditional Use Permit in the U
(University) district and an amendment of Section 42- 518(7) to allow electronic
changeable copy signs in the U (University) district.
Mr. Andrew presented the staff report and visual graphics which are contained
in the case file.
Chairman Ryan asked if there could be a conditional use for the scoreboard.
Mr. Andrew replied a scoreboard doesn't require approval or a special permit and
signage placed on a scoreboard facing the stadium, oriented towards those in
Salina Planning Commission
August 21, 2012
Page 11 of 23
attendance, and also does not require approval or a special permit.
Chairman Ryan stated specific language would need to address the reverse side
of a scoreboard as a billboard.
Commissioner Mikesell stated for example, if the school district wants to put up a
new stadium and sell naming rights for stadium, at some point they could sell off
the back side of the stadium scoreboard.
Mr. Andrew stated a sign that identifies the stadium name is an "identification
sign" and that is not what we have here; an advertising sign is a sign that has no
relation to the facility.
Commissioner Welsh suggested the Commission specify that advertising signs
on the back side of scoreboards need to be applied for through the Conditional
Use Permit process and considered on a case by case basis.
Commissioner Mikesell stated advertising signs on the back of scoreboards need
to be a conditional use over a certain size.
Commissioner Kennedy asked if the Commission can act on these requests
individually and approve KWU's application as a conditional use.
Mr. Andrew stated the short answer is no.
Commissioner Kennedy asked if the Commission has to amend the University
district sign regulations before they can act on this issue.
Mr. Andrew replied yes, Kansas Wesleyan University can't do this unless you
first decide that you are supportive of an amendment to the U district sign
regulations.
Commissioner Welsh suggested adding the language "unless applying for a
Conditional Use Permit."
Commissioner Perney stated he doesn't like the idea of allowing advertising for a
variety of businesses not related to activities on the college campus. He stated it
should be primarily about what is going on at that school. He stated Cloud Street
is essentially residential in character.
Chairman Ryan stated it would be no different than the Bicentennial Center sign.
Commissioner Perney stated he doesn't like that either.
Commissioner Kennedy stated in his personal opinion, he doesn't like the big
white empty side of the KWU scoreboard. He stated he does not recall it being
offensive or even noticeable when advertising signs were there before.
Salina Planning Commission
August 21, 2012
Page 12 of 23
Commissioner Mikesell stated it is not out of character to associate a sporting
event with advertising. He stated KWU Alumni want to associate themselves
with their hometown team.
Commissioner Birdsong asked if we took every little sign shown on the mock up
and lined them up along up Cloud Street, would we be okay with that?
Commissioner Kennedy stated that is different; this is about this feature at this
location.
Mr. Andrew referred the Commission to a note at -the end of the staff report -
legal non - conforming signs may not comply but those can remain as billboards
for as long as they continue to be used as such. He referred back to the
University District sign regulations handout, Item 4b., and stated one approach
would be to add language "except for advertising signs approved under a CUP
by the Planning Commission "... and add that as a qualification.
Commissioner Kennedy asked if a motion is required to do that and if the City
Commission would have to approve it.
Mr. Andrew replied the responsibility of the Planning Commission is to go
through and answer our questions one by one and direct us accordingly. He
asked if the Commission is receptive to allowing advertising signs (billboards)
under a Conditional Use Permit in the U district. The City Commission would
have to approve any ordinance change.
MOTION: Commissioner Mikesell made a motion to approve Application
#Z12 -7, filed by Kansas Wesleyan University, to amend the U
(University) district sign regulations to allow advertising signs
(billboards) as a conditional use.
SECOND: Commissioner Kennedy
VOTE: Motion carried 7 -0.
Mr. Andrew stated for clarification that rather than a cap or number, the
Commission wishes to leave the 160 sq. ft. size limitation in place but add
exception language if approved under a CUP.
MOTION: Commissioner Welsh moved that advertising signs at stadiums
be allowed to exceed 160 sq. ft. if approved under a Conditional
Use Permit.
SECOND: Commissioner Kennedy
VOTE: Motion carried 7 -0.
Salina Planning Commission
August 21, 2012
Page 13 of 23
Mr. Andrew stated the illumination language is antiquated and not very helpful
and he asked if the Commission is supportive of going back and looking long
term about adopting something similar on electronic changeable copy signs as
was recently approved in the Public Use district.
Chairman Ryan asked if any of the Commissioners were opposed; there being
none, he stated there was a consensus on that item as well.
Mr. Andrew stated we've clarified a proposed text amendment to the University
district sign regulations which would allow for advertising signs as a conditional
use and allow exceptions to the 160 ft. cap if approved under a CLIP by the
Planning Commission. He stated staff would review the illumination language
and prepare something along the lines of the Public Use district. He stated this is
a public hearing and we need to hear from KWU and any other interested
members of the public.
Chairman Ryan asked KWU's representative to address the Commission.
Jeff Chapman, representing KWU, 100 E Claflin, stated the revenue generated
from -the billboard advertising would be used for athletic programs on campus.
He stated we don't have commitments 'From anyone yet but several interested
parties. He stated the billboard would generate $7,500 — $20,000 per year
depending on the structure of the contracts.
Mr. Andrew stated that Agenda Item #4 is a companion application to this. He
asked if there was any objection by KWU to the Conditional Use application
process for this sign or future signs, and the exception to 160 sq. ft. size limit
being done through the Conditional Use Permit process.
Mr. Chapman stated KWU owns property around the campus and has a master
plan for future development as the university grows and would likely relocate the
sign to 9th Street rather than Cloud to reach a higher traffic area. He stated at
this point we would adhere to whatever the requirements are and there are no
future designs for an electronic changeable copy sign on Cloud Street.
Mr. Andrew asked Mr. Chapman if he would be interested in amending the
University district to allow electronic changeable copy signs for future projects.
Mr. Chapman replied yes.
Commissioner Mikesell asked if a CUP could be tied to specific ads or would it
be based on other things.
Mr. Andrew stated no, we can't regulate content; it would be based on size,
height, location, etc.
Salina Planning Commission
August 21, 2012
Page 14 of 23
Chairman Ryan summarized today's decision for staff to review the U category,
and draft a revision to allow for electronic changeable copy signs.
Mr. Andrew stated there had previously been some discussions about electronic
signage near -the new student activity center at Fourth Street and Claflin Avenue
when it was built.
Chairman Ryan asked for questions of staff; there being none, he asked for
questions from the public; there being none, he brought the issue back to the
Commission for further discussion.
Mr. Andrew summarized the three separate motions.
Chairman Ryan stated the Commission would move on to Agenda Item #4.
#4. Application #CU12 -6, filed by Kansas Wesleyan University, requesting approval
of a Conditional Use Permit to allow the placement of an advertising sign
(billboard) on property located in a U (University) zoning district. The proposed
location is the south end of Glen Martin Stadium which is bounded by Fourth
Street on the west, Claflin Avenue on the north, Osborne on the east and Cloud
Street on the south.
Mr. Andrew stated for clarification this is a public hearing item and reminded the
Commission to recall Father Kerry Ninemire comments at the beginning of
today's meeting.
Mr. Andrew continued that for clarification the Planning Commission's
recommendation to amend the U district zoning text to allow advertising signs
(billboards) would be considered by the City Commission. He stated the
Planning Commission will now hear Item #4 because they have made a
favorable recommendation on the text amendment and that their role now is to
determine if the advertising sign proposed by KWU would have any negative
effect on neighboring property or the Cloud Street corridor.
Mr. Andrew presented the staff report which is contained in the case file. He
stated for clarification that any effect or validity of a CUP would be subject to an
amendment to allow advertising signs in the U district being approved by the City
Commission.
Chairman Ryan asked if anyone knows how long that sign has been there.
Mr. Andrew stated the former sign was there for about seven years.
Commissioner Kennedy asked if this is a public hearing. He stated it seems like
we've covered the basics.
SUMMARY MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
Tuesday, November 20, 2012
4:00 p.m.
MEMBERS
PRESENT: Baxa, Brown (youth member), Kennedy, Mikesell, Norlin (arrived at 4:30 p.m.),
Perney, Ryan, Storey (new member), Walker (youth member), Welsh
MEMBERS
ABSENT: Bossemeyer
STAFF
PRESENT: Andrew, Burger, Herrs, Norris
Chairman Ryan called the meeting to order at 4:01 p.m.
#1. Approval of the Summary Minutes of the November 6, 2012 regular meeting.
Mr. Andrew stated the header section on pages 2 -5 of the November 6 minutes indicated
a date of October 16, 2012 which has since been corrected.
The summary minutes of the November 6, 2012 meeting were approved as presented.
Public Hearina Items
#2. Application #Z12 -7, filed by Kansas Wesleyan University, requesting an amendment of
Section 42 -518 in Article X Division 2 of the Sign Regulations applicable in the U
(University) zoning district to add advertising signs as a functional type of sign that can be
approved through a Conditional Use Permit in the U (University) district, to add
scoreboard signs to the list of structural types of signs permitted in the U (University)
district and to allow the size and height limitations and setback requirements for
advertising signs at outdoor stadiums in the University district to be varied through the
Conditional Use Permit process.
Mr. Andrew presented the staff report with visual graphics which are contained in the case
file.
Chairman Ryan asked if there were any questions of staff.
Commissioner Mikesell asked if approved would the applicant need to come back before
the Planning Commission in the future if they desire to make changes to the sign copy.
Salina Planning Commission
November 20, 2012
Page 2 of 11
Mr. Andrew replied no, the Conditional Use Permit sets parameters for the existing size,
height and setback. He stated a permit would not be required to change the copy. He
stated the Planning Commission previously recommended a five year term of approval
subject to review by the Planning Commission and renewal at that time.
Commissioner Kennedy stated it seems like we have already discussed this issue. He
asked if the five year stipulation for review and renewal is still in place.
Mr. Andrew replied yes, the Planning Commission's recommendation was contingent
upon approval by the City Commission.
Commissioner Kennedy asked if the only way to approve a text amendment is through the
City Commission.
Mr. Andrew replied that is correct; there is no other way.
Commissioner Kennedy stated he was supportive of the text amendment previously and
is still supportive because it is a good option for the existing scoreboard. He stated if the
stadium is improved and the scoreboard relocated, he is not sure he would still be in
favor.
Mr. Andrew stated if the scoreboard is removed or relocated, it would require a new
Conditional Use Permit in order to have an advertising sign. He stated the scoreboard is
allowed in this location in the proposed form for a period of five years at which time it
would be subject to review and renewal.
Commissioner Welsh asked if approval would include a requirement for the scoreboard to
be maintained in working order for the five year period, or can it be abandoned / no longer
used and the new stadium built around it.
Mr. Andrew replied it is still a scoreboard structure but it would be subject to review in five
years.
Commissioner Baxa stated KWU is proposing a major renovation of the stadium at some
point in the future. He asked if, as a result of that renovation, KWU decides to solicit
donations in exchange for advertising on the back side of the stadium wall, then will the
Planning Commission have to approve an additional text amendment.
Mr. Andrew replied yes, if it is an advertising sign promoting a business or product not
associated with the stadium. This amendment relates only to ads placed on -the rear of a
scoreboard.
Commissioner Baxa stated it would be nice not to have to go back and approve a text
amendment to change the ordinance each time this issue arises.
Mr. Andrew replied it is designed to be narrow in application. He stated there are many
commercial districts in Salina that do not allow off - premise advertising signs. He stated
Salina Planning Commission
November 20, 2012
Page 3 of 11
the University district does not presently allow advertising signs as a permitted use.
Commissioner Kennedy asked about options for future identification signage.
Mr. Andrew replied identification signs would be permitted. He stated this issue is before
the Planning Commission today because it involves advertising signs.
Commissioner Baxa asked if the advertising signs would face outward from the property.
Mr. Andrew replied yes, from the back of the scoreboard to the outside world.
Commissioner Baxa stated there are lots of businesses that advertise around stadiums,
much of it is within the stadium for those attending events.
Mr. Andrew replied signs inside a stadium that are oriented toward spectators are not
regulated signs.
Commissioner Perney stated the application before the Planning Commission today
includes a request to also look at allowing electronic changeable copy signs in the U
d istrict.
Mr. Andrew stated the Planning Commission previously decided to consider that issue at
a later time as it is not an immediate concern of KWU. He stated that would be another
text amendment for consideration at another time.
Chairman Ryan asked if there were additional questions of staff; there being none, he
asked the applicant to address the Commission.
Jeff Chapman, Executive Director of Institutional Advancement at Kansas Wesleyan
University, 100 E. Claflin, stated he would welcome contributions to make the stadium
project happen quicker.
Chairman Ryan asked for public comment; there being none, he closed the public hearing
and brought the item back to the Commission for further discussion.
Commissioner Kennedy requested a review of electronic changeable copy signs in terms
of where the Planning Commission stands on the issue.
Mr. Andrew replied it was first considered, in response to a proposal from Cottonwood
Elementary School, to determine the appropriateness of allowing electronic changeable
copy signs in residential districts for schools, churches, nursing homes, etc. He stated the
Planning Commission recommended and the City Commission approved a text
amendment that allowed electronic changeable copy signs not exceeding 32 square feet
in residential districts at elementary, middle, and high schools, churches and nursing
homes. He stated when discussions began about the public use district; the Planning
Commission developed a set of criteria for allowing electronic changeable copy signs in
the public use district. That text amendment has also been approved by the City
Salina Planning Commission
November 20, 2012
Page 4 of 11
Commission. He stated the Planning Commission has not yet discussed the issue for the
University district. He stated when KWU presented the application being considered
today, the focus of the text amendment was to allow advertising on the scoreboard. The
Planning Commission decided to postpone the discussion about electronic changeable
copy signs in the U district to a later date because KWU was not interested at that time.
Chairman Ryan stated he did not want to consider an electronic changeable copy sign for
the scoreboard.
MOTION: Commissioner Mikesell made a motion to recommend to the City
Commission that the zoning text amendment (Application #Z12 -7) be
approved based on factors #1 -3 as listed in Attachment No. 4 to the staff
report.
SECOND: Commissioner Kennedy
VOTE: Motion carried 7 -0 (Youth members voted in favor of the motion)
#3. Application #CU12 -7, filed by Shawn A. Martin, requesting approval of a Conditional Use
Permit to allow a tattoo parlor and body piercing studio in a C -3 (Shopping Center) district.
The subject property is legally described as The East One Hundred and Twenty (E20) feet
of Lots One (1) and Two (2) and the North Fifteen and Twenty -six Hundredths (N 15.26)
feet of Lot Three (3), Block Three (3), Evergreen Park Addition to the City of Salina,
Saline County, Kansas and is addressed as 1700 S. 9th Street.
Mr. Andrew presented the staff report with visual graphics which are contained in the case
file.
Commissioner Norlin arrived at the meeting at 4:30 p.m.
Chairman Ryan asked if there were questions of staff; there being none, he invited the
applicant to address the Commission.
Shawn Martin, 676 S. Ohio, stated he hopes the Planning Commission will favorably
consider his application. He stated he has been in the tattooing business for eleven (11)
years, enjoys his job, and doesn't see himself being anywhere else. He stated he hopes
to share his joy of tattooing with others.
Chairman Ryan asked if there were questions of the applicant; there being none, he
asked if there were any questions or comments from the public; there being none, he
closed the public hearing and brought the item back to the Commission for further
discussion.
Commissioner Norlin asked about potential widening of 9th Street and how it might affect
businesses in the 1700 block of South 9th, where the proposed tattoo shop would be
Sec. 42 -518. U University district.
The following sign regulations shall apply in the university district:
(1) Functional types permitted:
a. Bulletin board signs;
b. Construction signs;
C. Identification signs;
d. Nameplate signs.
(2) Functional types conditional:
a. Advertising signs facing outward on the rear side of a scoreboard structure.
(3) Structural types permitted:
a. Ground signs;
b. Pole signs;
C. Scoreboard mounted signs;
d. Wall signs.
(4) Structural types conditional:
a. Signs mounted on the rear side of scoreboard structure with a gross surface
area and sign height in excess of the maximum size and height specified in
subsections (6) and (7) and /or with a setback that is less than the minimum
setback in subsection (8).
(45) Number of signs permitted: no limitation except as specified in subsection (4).
(46) Maximum gross surface area:
a. One (1) square foot for each six (6) lineal feet of building frontage except as noted
in b. below.
b. Outdoor football/soccer stadiums shall be permitted no more than two (2) signs not
to exceed one hundred sixty (160) square feet each. These signs shall be located
within fifty (50) feet of the outdoor stadium and separated by a minimum of fifty
(50) feet.
(57) Maximum height: No height limit is specified for signs placed flat against a
building, painted on the wall of a building or designed as a part of an architectural
feature thereof. Detached signs shall not exceed ten (10) feet in height.
(86) Required setback:
a. All signs of thirty -two (32) square feet or less shall maintain a minimum setback
of ten (10) feet.
b. All signs larger than thirty -two (32) square feet in area shall maintain the
required setback for principal structures in the "U" university district.
(97) Illumination: Only signs which are illuminated by reflected light from a source not
contained within the sign itself shall be permitted. Internally illuminated signs shall
not be permitted. No direct light shall be cast upon any residential property.
Summary published in The Salina Journal on December _, 2012.
Published on the City of Salina website from December '2012.
ORDINANCE NUMBER 12 -10664
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE X, DIVISION 2, SECTION 42 -518
OF THE SALINA CODE PERTAINING TO SIGN REGULATIONS FOR USES LOCATED
IN THE UNIVERSITY ZONING DISTRICT AND REPEALING EXISTING SECTION 42-
518.
Section 1. Amendment. That Section 42 -518 of Chapter 42, Article X, Division 2 of the Salina
Code is hereby amended as follows:
Sec. 42 -518. U University district.
The following sign regulations shall apply in the university district:
(1) Functional types permitted:
a. Bulletin board signs;
b. Construction signs;
c. Identification signs;
d. Nameplate signs.
(2) Functional types conditional:
a. Advertising signs facing outward on the rear side of a scoreboard structure.
(3) Structural types permitted:
a. Ground signs;
b. Pole signs;
c. Scoreboard mounted signs;
d. Wall signs.
(4) Structural types conditional:
a. Scoreboard mounted signs with a gross surface area and sign height in excess of the
maximum size and height specified in subsections (6) and (7) and /or with a setback
that is less than the minimum setback in subsection (8).
(5) Number of signs permitted: no limitation except as specified in subsection (4).
(6) Maximum gross surface area:
a. One (1) square foot for each six (6) lineal feet of building frontage except as noted in
b. below.
b. Outdoor football /soccer stadiums shall be permitted no more than two (2) signs not to
exceed one hundred sixty (160) square feet each. These signs shall be located within
fifty (50) feet of the outdoor stadium and separated by a minimum of fifty (50) feet.
(7) Maximum height: No height limit is specified for signs placed flat against a building,
painted on the wall of a building or designed as a part of an architectural feature thereof.
Detached signs shall not exceed ten (10) feet in height.
(8) Required setback:
a. All signs of thirty -two (32) square feet or less shall maintain a minimum setback of ten
(10) feet.
b. All signs larger than thirty -two (32) square feet in area shall maintain the required
setback for principal structures in the "U" university district.
(9) Illumination: Only signs which are illuminated by reflected light from a source not
contained within the sign itself shall be permitted. Internally illuminated signs shall not be
permitted. No direct light shall be cast upon any residential property.
Section 2. Repealer. That existing Section 42 -518 is hereby repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 12 -10664 Summary
On December 17, 2012, the City of Salina, Kansas, passed Ordinance No. 12- 10664.
The ordinance amends existing Section 42 -518 of Chapter 42, Article X, Division 2
of the Salina Code by adding advertising signs as a functional type of sign that can
be approved through a Conditional Use Permit in the U (University) district; by
adding scoreboard signs to the list of structural types of signs permitted in the U
(University) district; and by allowing the size and height limitations and setback
requirements for advertising signs on the rear of a scoreboard structure at outdoor
stadiums in the U (University) district to be conditionally permitted varied through
the Conditional Use Permit process. A complete copy of the ordinance is available
at www.salina - ks.gov or in the office of the city clerk, 300 W. Ash Street, free of
charge. This summary is certified by the city attorney.
Section 4. Effective Date. This ordinance shall be in full force and effect from and after its
adoption and publication by summary once in the official city newspaper.
Introduced: December 10, 2012
Passed: December 17, 2012
Norman M. Jennings, Mayor
[SEAL]
[ATTEST]
Lieu Ann Elsey, CMC, City Clerk