7.1 Dog Kennels in C-4 Downtown DistrictAGENDA SECTION
NO: 7
ITEM
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P.M.
ORIGINATING DEPARTMENT: I FISCAL APPROVAL:
Development Services BY. K/A
Planning FINAL APPROVAL:
BY: Dean Andrew tW I BY:
ITEM: Ordinance No. 13 -10713
Application #Z13 -8, filed by Diane Erickson, owner of Soggy Dog Salon, requesting approval of a text
amendment to Article IV, Division 14 of the Salina Zoning Ordinance to amend the C -4 Central
Business District regulations to add dog kennels to the list of Conditional Uses in Section 42 -303 of
the C -4 District regulations. [This is a legislative matter and rules regarding ex parte contacts with
individual Commissioners do not apply to legislative matters.]
BACKGROUND:
The C -4 (Central Business) District was established in 1977 when the City's current zoning ordinance
was adopted. The C -4 district was designed to provide for a broad range of retail and other business
uses. In order to assist the market in filling vacant space, City and SDI staff, the Lee District Board of
Advisors and the Planning Commission have periodically reviewed the types of uses that should be
allowed in the C -4 zoned portion of the Lee District, particularly for locations at the periphery of the
district. At one time there were only four (4) uses listed as conditional uses in the C -4 district.
In February 2008, a text amendment application calling for a comprehensive review of the list of
permitted and conditional uses in the C -4 (Central Business) district was filed on the City
Commission's behalf and was referred to the Planning Commission for review and recommendations.
The Lee District Board of Advisors, the Planning Commission and the City Commission looked at the
entire list of permitted C -4 uses to determine whether any uses on the current list should be
conditional or not permitted at all instead. There were also a number of overlooked uses that could
have possibly been added as either permitted or conditional uses. For example, staff questioned
whether dog kennels and mini - warehouses really fit well as permitted uses in the Central Business
District. In addition, because of the open ended language in Section 42- 302(80) "Any other similar
retail business not specifically listed is permitted if it complies with the conditions and
restrictions contained in Section 42- 306 ", the Lee District Board of Advisors, Planning Commission
and City Commission looked at adding uses like massage parlors, pawn shops, payday loan
companies, tattoo shops and recycling centers (Images) as conditional uses or prohibiting them
altogether in the C -4 district in order to provide additional clarity as to what was allowed and what
wasn't allowed without staff having to make an interpretation as to whether their uses were similar to
other permitted uses.
The rationale behind the Conditional Use Permit review process is that there are some uses that
should be allowed in a particular zoning district but only in suitable locations or under certain
circumstances. These are generally uses that if placed in an inappropriate location or if operated in a
certain way could have a negative impact on neighboring property owners.
The Lee District Board of Advisors recommended that:
• Appliance stores, sales and service
• Furniture repair and restoration
AGENDA SECTION
NO:
ITEM
NO:
Page 2
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Planning
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY: Dean Andrew I BY:
Glass and mirror sales and service and
Handcrafts, ceramics and similar art work
All be shifted from Section 42 -303 (conditional uses) to Section 42 -302 (permitted uses).
The Board of Advisors recommended that the following uses that could fall within Section 42- 302(80)
in the permitted use section be listed as conditional uses in the Central Business District:
• Massage parlors
• Payday loan companies
• Tattoo parlors and body piercing studios
And that pawn shops be shifted from the list of permitted uses to the list of conditional uses.
The Board of Advisors also recommended that:
• Mini - warehouses
• Private clubs
• Recycling centers
Be listed as conditional uses in Section 42 -303 and that package liquor stores and private surface
parking lots and parking garages remain as permitted uses in the C -4 district. Dog kennels and small
animal hospitals were removed from the list of permitted uses and were not recommended for
inclusion on the list of conditional uses.
2008 Plannina Commission Recommendation:
The Planning Commission conducted a public hearing on this comprehensive text amendment on April
15, 2008, following additional feedback from the Lee District Board of Advisors. At the conclusion of
the April 15, 2008 hearing, the Planning Commission voted 8 -0 to endorse the recommendations of
the Lee District Board of Advisors.
2008 City Commission Action:
On May 5, 2008 the City Commission approved a text amendment pertaining to the list of permitted
uses (Section 42 -302) and conditional uses (Section 42 -303) in the C -4 (Central Business District) on
first reading with their own modifications. The Commission approved two amendments to the draft
ordinance which deleted mini - warehouses, payday loan companies, tattoo parlors and massage
parlors from the list of conditional uses (approvable following review) and moved them to the category
of prohibited uses. As a result, Section 42 -303.1 Prohibited Uses, which clearly states the
Commission's intent to prohibit those uses in the Central Business District rather than just having them
unlisted, was added to the C -4 district regulations.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Development Services BY:
ITEM Planning FINAL APPROVAL:
NO:
Page 3 BY: Dean Andrew BY:
Most Recent C -4 Text Amendments
The Planning Commission conducted a public hearing to consider an amendment to the C -4 district
regulations to move tattoo and body piercing studios from the list of prohibited uses to the category of
conditional uses on September 20, 2011. Following presentation of the staff report, comments from
the applicant, comments from other property owners in the Lee District, comments from Phyll Klima,
representing the Lee District Board of Advisors and comments and questions from Planning
Commissioners, the Planning Commission voted 8 -0 to recommend that tattoo parlors and
body piercing studios be removed from Section 42 -303.1 Prohibited Uses and added to the list
of Conditional Uses allowed in the C -4 district.
On October 10, 2011 the City Commission approved a text amendment pertaining to the list of
conditional uses (Section 42 -303) and prohibited uses (Section 42- 303.1) in the C -4 (Central Business
District). The Commission approved an ordinance which moved tattoo parlors /body piercing
studios from the list of prohibited uses to the category of conditional uses (approvable following
review).
On July 17, 2012, the Planning Commission conducted a public hearing on a proposed amendment
to the C -4 district regulations to add outdoor storage and display to the list of conditional uses in the
C -4 district. Following presentation of the staff report, comments from the applicant, comments from
other property owners in the Lee District, and comments and questions from Planning
Commissioners, the Planning Commission voted 7 -0 (Perney abstaining) to recommend that
outdoor merchandise display be added to the list of Conditional Uses allowed in the C-4
district and that the Use Limitations in the C-4 district be amended to allow retail stores to
have an outdoor merchandise display area no larger than the floor area of the store if it is
located on private property and approved by the Planning Commission.
On September 10, 2012 the City Commission gave final approval to a text amendment pertaining to
the list of conditional uses (Section 42 -303) in the C -4 (Central Business) district. The approved
amendment added outdoor merchandise display as a conditional use in the C -4 district upon
approval by the Planning Commission.
Nature of Current Request
A downtown business owner has filed a text amendment application requesting that dog kennels be
listed in the Conditional Use category in Section 42 -303. If approved, the effect of the text amendment
would be to allow a property owner and /or tenant to apply for a Conditional Use Permit to allow a dog
kennel in the C -4 zoned portion of the Lee District whereas today dog kennels are prohibited from
locating within that area.
AGENDA SECTION
NO:
ITEM
NO:
Page 4
Staff Comments/ Analysis
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P. M.
ORIGINATING DEPARTMENT
Development Services
Planning
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY: Dean Andrew I BY:
This application presents the question of whether dog kennels should be allowed in the downtown
business district. The original C -4 district regulations identified dog kennels as a permitted use.
However, when the City and SDI reviewed the list of permitted and conditional uses in 2008, it was
determined that dog kennels were not compatible with other downtown uses and therefore should not
be listed as a permitted use or conditional use in the C -4 zoning district.
Dog kennels are commercial uses that are unique in and of themselves, and as a result have been
regulated differently than other commercial uses by local governments. In Planning terminology they
are sometimes referred to as LULUs (Locally Unwanted Land Uses). Dog kennels are unique in that
they can potentially produce noise and odors that other commercial operations do not. The potential
for noise and odors tends to generate controversy in communities due to negative perceptions by
some members of the public and potential secondary effects on surrounding properties.
In looking at other peer cities in Kansas, they typically do not allow dog kennels as permitted or
conditional uses in their downtown districts. As a specific example, the Zoning Ordinance for
Manhattan, Kansas does not allow dog kennels as permitted or conditional uses in either the
Aggieville Business District or the Central Business District. These districts are both similar to Salina's
C -4 district in terms of development pattern and character. Wichita also does not allow dog kennels as
permitted or conditional uses in their Central Business District.
In analyzing the compatibility of dog kennels in the C -4 district as conditional uses, staff has identified
the following items of potential concern that need to be considered:
Excessive noise. Dog kennels have a reputation of generating excessive noise. The
development pattern in the C -4 district of having buildings with zero setback lines, 100 % lot
coverages and often time shared walls creates concerns about controlling noise generated by
barking dogs.
2. Offensive Odor. Dog kennels have a reputation of generating offensive odor. Again the
development pattern in the C -4 district places businesses and residents in close proximately to
each other. For this reason controlling and limiting offensive odors is critical to maintaining an
enjoyable shopping, working and living environment in the downtown area.
3. Transportation and access. The development pattern in the C -4 district limits the off - street
parking (as well as off - street loading /unloading areas) available. Furthermore, private off - street
parking lots are discouraged, with on- street parking and public parking lots being the preferred
method used to address parking in the downtown. Private off - street parking lots are
discouraged to help preserve a higher density of development in the downtown area. Ensuring
that dog kennels have adequate access, parking and loading /unloading areas are important to
maintaining necessary traffic flow.
AGENDA SECTION
NO:
ITEM
NO:
Page 5
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Planning
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY: Dean Andrew I BY:
4. "Doggy business ". Open areas and green space are limited in the downtown area. This limits
the opportunities that dogs have to go to the bathroom as well as play outside. Another concern
is ensuring that the downtown area around the dog kennel remains clean and free from dog
feces. Dog kennels would need to have systems designed to accommodate the bathroom
needs of the boarded dogs.
Some of these items are site specific and would need to be evaluated on a case by case basis
through the conditional use permit process. The Commission needs to determine if the dog kennel use
itself conforms to the character, design, scale and bulk, intensity of activity, traffic and parking
conditions and the Commission's vision for Salina's C -4 district.
Conformance with Comprehensive Plan:
The Comprehensive Plan contains the following recommendation regarding land uses in the
Downtown area (Lee District):
LU.5 -5 Encourage the continued infill and redevelopment of Downtown with commercial
uses and supportive residential uses.
CONFORMANCE WITH STRATEGIC PLAN:
The following statements 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.
• Salina will be a city that encourages quality, market - driven, mixed -use development that
complements community cohesiveness.
• Downtown Salina will be a thriving and vibrant place. It will include an artistic flair that
complements diverse and successful business development, including: entertainment,
professional services, restaurants and retail development. In addition, the downtown will
include residential uses and places to congregate consistent with the desired mixed -use
activity.
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.
AGENDA SECTION
NO:
ITEM
NO:
Page 6
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Planning
FISCAL APPROVAL:
LWA
FINAL APPROVAL:
BY: Dean Andrew I BY:
• Revise existing ordinances and policies to accommodate growth and development objectives.
GOAL: "The City will maintain a commitment to making downtown Salina a vibrant
economic and social center of the community."
• Encourage the development of the arts, entertainment, professional services, residential living,
restaurants and retail in the downtown.
Lee District Board of Advisors Recommendation
The Lee District Board of Advisors has met and reviewed this request and has recommended that this
text amendment be approved (see attached letter).
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on this application to amend the C -4 district
regulations on August 6, 2013. Following presentation of the staff report, comments from the
applicant, and comments and questions from Planning Commissioners, the Planning Commission
voted 5 -1 to recommend that dog kennels / boarding kennels be added to the list of Conditional Uses
allowed in the C -4 district.
COMMISSION ACTION
Staff has identified the following alternatives for the City Commission's consideration:
The City Commission could concur with the recommendation of the Planning Commission and
approve the text amendment as requested which would add dog kennels to the list of
conditional uses allowed in the C -4 district. Under this alternative, a Conditional Use Permit with
surrounding property owner notification and a public hearing would be required prior to
establishing an outdoor display area in the C -4 district. Under this scenario, the Planning
Commission would serve as a filter determining which locations in the downtown are
appropriate locations for outdoor merchandise display and which are not.
2. The City Commission could determine that dog kennels should be listed as a conditional use in
the C -4 district instead of a prohibited use but only within specific geographic areas such as
along Fourth Street or Fifth Street. This option would be more complicated to implement than
Alternative #1, because it would require the creation of a sub -area or sub - district within the C -4
district but it would still prohibit dog kennels along Santa Fe Avenue and the core area of the
downtown.
3. Refer this item back to the Planning Commission for additional study and / or public input.
4. The City Commission could vote to maintain the status quo and decide that no change should
be made to the C -4 district regulations to accommodate dog kennels in the downtown business
district. The effect of this action would be to maintain the prohibition on the establishment of
dog kennels / boarding kennels within the C -4 (Central Business) district.
AGENDA SECTION
NO:
ITEM
NO:
Page 7
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
08/19/2013 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Planning
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
Staff Recommendation
This case boils down to a legislative policy decision as to what type of business mix the downtown
business district wishes to have and what type of image the district wishes to project.
Staff would recommend that the City Commission take whatever action it deems to be in the best
interest of the public and downtown area.
Enclosures: Application
C-4 district regulations
Excerpt of 8/6/13 PC Minutes
Ordinance No. 13 -10713
CC' Diane Erickson, Soggy Dog Salon
Jim Ravenkamp, property owner
Phyll Klima, Salina Downtown, Inc.
Salina Downtown, Inc
...to champion a healthy, vibrant downtown community!
BOARD OF DIRECTORS 12owntown
Russel Prophet
At their regular month) meeting Thursday August 8 2013 the
g y g y g + +
Hampton and Royce
SDI President
August 8, 2013
g
Brian Richardson
Barb Shirley, Mayor
Richardson Development
City of Salina
SDI Vice President
PO Box 736
Chad Koehn
Salina, KS 67402 -0736
United Capital Management
supports the recommendation of the Salina Planning
SDI Treasurer
Dear Mayor Shirley:
Laura Underwood
Laura's Antiques and
At their regular month) meeting Thursday August 8 2013 the
g y g y g + +
Internet Sales
Business Improvement District Board of Advisors voted
SDI Secretary
unanimously to recommend the following to the Salina City
David Moody, PhD
Commission:
lina Regional Health Center
Advisors understands that City legal counsel, at the request
SDI Past President
1. The Business Improvement District Board of Advisors
Pat Beatty
supports the recommendation of the Salina Planning
Overland Property Group
Commission to amend the City Code Division 14. C -4
Quilting Station
Central Business District Section 42 -303 Conditional Uses by
Shawn Copeland
The City
including Dog Kennels.
Mike Hoppock
2. The Board of Advisors supports the legal exploration of
Land Title Services
allowing restaurants with applicable licenses to serve
Dan Martin
alcoholic beverages in conjunction with sidewalk dining
ISG Technology
within the Business Improvement District. The Board of
Advisors understands that City legal counsel, at the request
Mindy Nicholson
of a City Commissioner, may already be exploring the legal
Sandstone Bridge Center
steps necessary to allow this activity in Salina downtown.
Kathryne Pemey
Quilting Station
Please let me know if you have any questions regarding these
Robert Protzman
recommendations to the City Commission.
Salina Media Group
Sincerely,
Dagney Stromberg, D.C.
Gentle Touch Chiropractic
Phyllis Klima
Executive Director
e -copy: BID Board of Advisors
Jason Gage
Phyllis C. Klima
Executive Director
120 West Ash • PO Box 1065, Salina, KS 67402 -1065 . (785) 825 -0535 . FAX (785) 825 -7216. www.salinadowntown.com
City of
S
Salina
Planning &
Communitt]
Develoument
Publication Date
July 16, 2013
Application No.
#Z13 -8
Hearing Date
Au ust 6, 2013
Date Filed
June 27. 2013
Filing Fee
$246.00
Receipt No.
000134420
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:
Amendment of Article IV, Division 14 of the Salina Zoning Ordinance to amend the C-4 Central Business District regulations
to add dog kennels to the list of Conditional Uses in Section 42 -303 of the C -4 District regulations.
Applicant's Name (print) Diane Erickson 11
Applicants) nature `� �-� Date
Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the
additional sheets.
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
Mailing Address, City, State, Zip
Telephone (Business) and E -Mail
PLF - 053, Application Zoning Text Amendment, Rev. 6 -2008
Attachment to Text Amendment Application
Soggy Dog Salon
Soggy Dog Salon, 203 W. Ash, is requesting a zoning text amendment to allow pet boarding as an
addition to the services provided in their current location, which is in Zone C -4. The addition of nine (9)
upscale boarding suites will allow the business to offer a full - service animal care facility, dedicated to
consistently providing high customer satisfaction, in one convenient location. The boarding business
would include overnight care, with 24 hour supervision, with an internet accessible video system for
further security.
Soggy Dog Salon has a proven success record, and has been in business since June, 2005, with 6.5 years
in their current location at 203 W. Ash. Keys to their success include superior customer service; clean,
safe, enjoyable environment conducive to giving professional trusting service; convenient easily
accessible location; and a reputation for credibility, integrity, and 100% customer satisfaction.
The expanded service and activities would be entirely provided within the building, and will have no
impact on the surrounding properties.
No physical changes will be made to the exterior of the building.
PROPOSED AMENDMENT
DIVISION 14. C -4 CENTRAL BUSINESS DISTRICT
(Underlined uses are proposed to be added)
Sec. 42 -303. Conditional uses.
Conditional uses in the C -4 district are as follows:
(1) Amusement arcades, indoor only;
(2) Amusement and vending devices, sales and service;
(3) Automobile repair;
(4) Car washes;
(5) Church, chapel, temple, synagogue and shrine;
(6) Custom cabinet and woodworking shop;
EL Dou kennels, providing that such facilities are completely-enclosed and that no
odor or noise is discernible outside the structure.
(8) Drinking establishments with less than 30% food sales;
(9) Equipment sales, rental and service, except construction -type equipment;
(10) Food and/or beverage service on an outdoor patio which is accessory to a restaurant
or bar, provided that the patio area may not exceed the size or occupant load of the
indoor serving space;
(11) Group care facility;
(12) Group day -care centers, provided that such us shall be separated from any
commercial or industrial use in accordance with the requirements of the city's
adopted building codes;
(13) Home improvement center;
—� (14) Outdoor merchandise sales and display area accessory to a retail store, provided that
the display area may not exceed the floor area of the store.
(15) Motorcycle sales, rental and service, provided that all display of vehicles is within a
completely enclosed building;
(16) Pawnshops;
(17) Private clubs;
(18) Recycling centers;
(19) Residential dwellings, accessory to another principal use on the ground floor of a
building, provided that such dwellings may not be located in the front portion of the
building, may not occupy more than twenty -five (25) percent of the floor area of the
ground floor and shall not be required to provide separate off - street parking.
(20) Residential dwellings located on the ground floor or within buildings used
principally for residential purposes, provided that parking is provided at one half the
ratio set forth in Section 42 -553 and provided that such development shall comply
with the R -3 Multiple - Family District requirements for density and lot size (Section
42 -204) in addition to the C -4 bulk regulations;
(21) Residential dwellings for elderly and/or handicapped persons, located on the ground
floor or within buildings used principally for residential purposes, provided that
parking is provided at one half the ratio set in Section 42 -553 and provided that such
development shall have a minimum lot area of five hundred (500) square feet per
dwelling unit in addition to complying with the C -4 bulk regulations;
—�j (22) Tattoo parlors/body piercing studio provided that notification of public hearing shall
be provided to all property and business owners in the C -4 district;
(23) Teen centers;
(24) Testing and research laboratories;
(25) Warehouse and wholesale houses.
(Code 1966, § 36- 611(2); Ord. No. 91 -9440, § 1, 5- 13 -91; Ord. No. 92 -9536, § 2, 10- 12 -92; Ord. No. 99 -9961, § 2, 1 -3 -00; Ord.
No. 01- 10021, § 1, 2- 12 -01; Ord. No. 01- 10056, § 2, 9- 24 -01; Ord. No. 05- 10281, § 2, 6- 20 -05; Ord No. 06- 10339, § 1, 7- 17 -06;
Ord. No. 08- 10436, § 1, 2 -4 -08; Ord. 08- 10446, § 1, 5 -5 -08, Ord. 11- 10622, § 1, 10 -17 -2011, Ord. No. 12- 10654, § 1, 9 -10-
2012)
Sec. 42- 303.1. Prohibited uses.
Prohibited uses in the C -4 district are as follows:
(1) Massage parlors;
(2) Mini - warehouses;
(3) Payday loans companies;
(Ord. 08- 10446, § 1, 5 -5 -08; Ord. No. 11- 10622, § 1, 10- 17 -11)
ELM ST
En
H
PARK ST U Z
❑ ❑ O
Z
LL
N
H
cn
H
ASH ST
F- iJ6tyd 1
U) l
x
r
N
STATE ST
JOHNSTOWN AV
in
x
f-
(If IRON AV
I F
F-
U)
❑
z z o
N �
U) N LL
2 2
F H
G'rpS UM A V
WALNUT ST
WAL CA
m PARK PL
of
O a
U L U) ir w
4 ❑ LL J
Z ❑
CD Z N Y
_ — O
i
r
20L7
SOUTH ST Ll
u~i �
~ F- z
CD F
LL
MORRISON AV
CENTER ST
WASHINGTON ST N
x
' W E
0
IPA S
Districts
w
LL
IRON .'
-IR
CITY OF SALINA
LEE DISTRICT BOUNDARY
0
N
Salina Planning Commission
08.06.13
Page 4 of 9
Chairman Ryan replied he personally does not have a problem with it because it is at
the homeowner's risk to do so and staff would have the opportunity to advise against it.
Commissioner Perney stated he personally would not want a shed in a utility easement.
He stated a shed filled with lawn maintenance equipment would be heavy and difficult to
move in an emergency situation without causing damage to the shed and its contents.
He stated a lot of people don't know that a utility company can do whatever is
necessary to access service lines in an easement.
Commissioner Bossemeyer stated he is in favor of a location permit because many
people don't know what a utility easement is and it would provide staff with an
opportunity to educate homeowners.
Mr. Andrew stated the location permit process would require homeowners to submit a
plan to indicate where they plan to locate a shed.
#3. Application #Z13 -8, filed by Diane Erickson, requesting approval of a text amendment to
Article IV, Division 14 of the Salina Zoning Ordinance to amend the C -4 Central
Business District regulations to add dog kennels to the list of Conditional Uses in
Section 42 -303 of the C -4 District regulations.
Mr. Herrs presented the staff report with visual graphics which are contained in the case
file.
Chairman Ryan asked if there were questions of staff; there being none, he asked the
applicant to address the Commission.
Diane Erickson, owner of Soggy Dog Salon, 203 W. Ash, stated her business has been
in the same location for the past 6 % years and that she is proposing to expand her pet
grooming facility by offering upscale boarding for both daycare and overnight care. She
stated she has already taken measures to address noise and odor concerns.
Chairman Ryan asked if there were questions of the applicant.
Commissioner Mikesell asked for clarification as to whether the boarding would be for
daycare and / or overnight care.
Mrs. Erickson replied it would be both but primarily overnight boarding in a safe, secure
environment. She stated in addition to overnight care, she would like to provide the
boarding service to people who want to shop, dine and attend events in downtown
Salina but have nervous pets that cannot be left home alone.
Chairman Ryan asked about how and where the animals would get exercise and
whether or not they would be walked outdoors.
Mrs. Erickson replied that for safety concerns, the animals would not be walked
outdoors. She discussed the proposed interior space that is designed to look like an
Salina Planning Commission
08.06.13
Page 5 of 9
outside space and provide exercise and play areas for animals in her care.
Chairman Ryan asked if there were comments or questions from the public
Jim Ravenkamp, 652 S. Santa Fe, stated he owns the building and Mrs. Erickson is the
best tenant he has ever had. He stated in the 6 % years Soggy Dog Salon has been
located in his building, he has not received any complaints. He stated any concerns
about noise, odors, parking, etc. have already been addressed by Mrs. Erickson. He
stated the addition of boarding would be a positive addition to downtown Salina.
Phyll Klima, Executive Director of Salina Downtown, Inc., 120 W. Ash, stated she
worked in an office next door to Soggy Dog Salon and never experienced any problems
with noise or odor. She voiced her support for the proposed expansion and stated she
has observed examples of pet day spas in other communities and they are incredible.
She stated the SDI Board has not yet reviewed this application but they will do so at
their upcoming meeting on Thursday, August 8th at 7:30 a.m.
Mr. Andrew reviewed the difference between permitted and conditional use categories.
He stated if the Commission says "yes" to the proposed text amendment, they retain
their role as a filter for subsequent applications for conditional use permits; if the
Commission says "no" then boarding kennels in the downtown area would not be
permitted under any circumstance.
A discussion followed between Chairman Ryan, Commissioner Mikesell and Mr.
Andrew regarding the pending review of the application by the SDI Board. Mr. Andrew
stated the Commission has the option to postpone consideration to the August 20th
meeting in order to hear the official position of the SDI Board, or the Commission can
make a recommendation today and by the time it goes to the City Commission for
consideration, the SDI Board's position would be known.
�--'� MOTION: Commissioner Baxa made a motion to recommend approval of
Application #Z13 -8, a text amendment to add dog kennels to the list
of Conditional Uses in Section 42 -303 of the C -4 District
regulations.
SECOND: Commissioner Welsh
VOTE: Motion carried 5 -1 (Bossemeyer opposed)
Mr. Andrew stated if the City Commission agrees with the Planning Commission's
recommendation, it would allow Ms. Erickson to file an application for a Conditional Use
Permit and come back before the Planning Commission for consideration.
Summary published in the Salina Journal on August , 2013.
Published on the City of Salina's website from August to , 2013
ORDINANCE NUMBER 13 -10713
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, DIVISION 14 BY
AMENDING SECTION 42 -303 PERTAINING TO CONDITIONAL USES IN THE C -4
DISTRICT AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. That Section 42 -303 of Chapter 42, Article VI, Division 14 of the Salina Code is
hereby amended as follows:
Sec. 42 -303. Conditional uses.
Conditional uses in the C -4 district are as follows:
(1) Amusement arcades, indoor only;
(2) Amusement and vending devices, sales and service;
(3) Automobile repair;
(4) Car washes;
(5) Church, chapel, temple, synagogue and shrine;
(6) Custom cabinet and woodworking shop;
(7) Dog kennels, providing that such facilities are completely enclosed and that no odor or
noise is discernible outside the structure.
(8) Drinking establishments with less than 30% food sales;
(9) Equipment sales, rental and service, except construction -type equipment;
(10) Food and /or beverage service on an outdoor patio which is accessory to a restaurant or
bar, provided that the patio area may not exceed the size or occupant load of the indoor
serving space;
(11) Group care facility;
(12) Group day -care centers, provided that such us shall be separated from any commercial
or industrial use in accordance with the requirements of the city's adopted building
codes;
(13) Home improvement center;
(14) Outdoor merchandise sales and display area accessory to a retail store, provided that
the display area may not exceed the floor area of the store;
(15) Motorcycle sales, rental and service, provided that all display of vehicles is within a
completely enclosed building;
(16) Pawnshops;
(17) Private clubs;
1
(18) Recycling centers;
(19) Residential dwellings, accessory to another principal use on the ground floor of a
building, provided that such dwellings may not be located in the front portion of the
building, may not occupy more than twenty -five (25) percent of the floor area of the
ground floor and shall not be required to provide separate off - street parking.
(20) Residential dwellings located on the ground floor or within buildings used principally
for residential purposes, provided that parking is provided at one half the ratio set forth
in Section 42 -553 and provided that such development shall comply with the R -3
Multiple - Family District requirements for density and lot size (Section 42 -204) in
addition to the C -4 bulk regulations;
(21) Residential dwellings for elderly and /or handicapped persons, located on the ground
floor or within buildings used principally for residential purposes, provided that
parking is provided at one half the ratio set in Section 42 -553 and provided that such
development shall have a minimum lot area of five hundred (500) square feet per
dwelling unit in addition to complying with the C -4 bulls regulations;
(22) Tattoo parlors /body piercing studio provided that notification of public hearing shall be
provided to all property and business owners in the C -4 district;
(23) Teen centers;
(24) Testing and research laboratories;
(25) Warehouse and wholesale houses.
Section 2. That the existing Section 42 -303 is hereby repealed.
Section 3. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 12 -10654 Summary
On August 26, 2013, the City of Salina, Kansas, passed Ordinance No. 13- 10713.
The ordinance adds dog kennels to the list of conditional uses that may be applied for
in the C -4 (Central Business) district. 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 5. 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: August 19, 2013
Passed: August 26, 2013
Barbara V. Shirley, Mayor
2
[SEAL]
[ATTEST]
Lieu Ann Elsey, CMC, City Clerk