7.1 Ordinance No. 23-11149 Amended Site Development Plan 1001 Schippel DriveAGENDA SECTION
NO:
ITEM
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew 3)A
FISCAL APPROVAL:
MI
FINAL APPROVAL:
BY:
ITEM: Ordinance No. /,3-,11149 - Repealing and Replacing Ordinance No. 22-11139 l `�
Consider an amendment to the PC -2 (Planned Neighborhood Shopping) district boundary and
approval of an amended site development plan for the former Town & Country Veterinary Clinic
property at 1001 Schippel Drive to include a portion of Lot 13 and Lot 14, Block 4 in the Schippel
Addition Replat of Block 4 and 5 and Part of Block 3. (Application #Z22 -11A, filed by Ben Burton).
BACKGROUND:
In October 2022, the applicant (Ben Burton) met with staff and indicated that he and his partner, Gavin
Schmidt, had a contract to purchase the former Town and Country Veterinary Clinic building and
property at the northeast corner of Schippel Drive and Fawn Street which is addressed as 1001
Schippel Drive. Their plan was to convert the former vet clinic building to a beauty/nail salon with
multiple salon spaces for multiple independent operators.
This property was zoned C-1 (Restricted Business) when the City was comprehensively rezoned and
remapped in 1977. Small animal hospitals are a conditional use in the C-1 district and a special
exception (now conditional use permit) to allow a small animal hospital in this location was approved
on March 17, 1977. The original Town and Country Veterinary clinic building contained 2,800 sq. ft.
and had eight (8) off-street parking spaces. It operated at this location until 2021 when it was relocated
to a new clinic building at 1501 South Ohio Street. Staff informed the prospective purchasers that the
current C-1 zoning did not allow beauty salons as a permitted use.
The applicants then filed a request to rezone this property to a Planned C-2 (Planned Neighborhood
Shopping) district which allows beauty salons as a permitted use. Because they were applying for
Planned Commercial zoning, they also submitted plans for how they planned to redevelop and use the
building and property, including the construction of additional parking for salon operators and
customers. The rezoning request area was described as consisting of the following two (2) lots:
• Lot 8, Block 4 in the Schippel Addition Replat of Blocks 4, 5 and Part of 3 (Building site)
• Lot 5, Block 1 in the King Addition Replat of Part of Block 4 in the Schippel Addition Replat of
Blocks 4, 5 and Part of 3 (Vacant lot to the north)
No survey was provided, just a written legal description provided by the applicant.
The Planning Commission conducted a public hearing on the applicants' rezoning request and request
for final site development plan approval on November 15, 2022. The owner of the property across the
street at 1818 Fawn Street attended and spoke at the hearing.
Recommendation No. 1
The Planning Commission voted 7-0 to recommend approval of the requested zoning change to PC -2
for this property subject to the following conditions:
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/27/2023 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community and Development Services BY:
ITEM Planning Division FINAL APPROVAL:
NO:
Page 2 BY: Dean Andrew BY:
1. Permitted uses on the property shall be limited to beauty shops plus other uses permitted in the
C-1 district.
2. Development on the property, including signage, shall be subject to C-1 bulk regulations, sign
regulations, and development limitations.
3. A final site development plan shall be reviewed and approved by staff prior to issuance of a
building permit.
The Planning Commission's recommendation was based on the following findings:
1. Based on the configuration and historic use of the building, the property is more suitable for
neighborhood scale service use than office use. The existing C-1 zoning inhibits reuse of the
existing building.
2. Beauty salons are identified as the type of service businesses that should be located in
Neighborhood Centers. Reuse of a commercial building limited to a beauty salon and C-1 uses
will not negatively impact nearby properties that have been adjacent to C-1 zoning for 45 years.
3. Adequate lot area is available to provide off-street parking for the proposed change in use.
4. If use of this property is limited to a beauty salon and C-1 use only, there will be a minimal impact
on traffic volumes on Schippel Drive and Fawn Street.
5. Utilities and fire protection are adequate to support a beauty salon operation in this location.
6. The requested zoning change to PC -2 would be consistent with the City's Comprehensive Plan
which identifies this property as being a part of a Neighborhood Center and C-2 is listed as a
potential zoning district in Neighborhood Centers.
Recommendation No. 2
The Planning Commission voted 7-0 to recommend approval of the proposed site development plan
to allow conversion of this building and site to a multi -operator beauty/nail salon subject to the following
conditions:
1. The property owner shall submit a site survey from a Licensed Surveyor confirming the existing
building setback dimensions.
2. The property owner shall submit a revised site development plan for the proposed parking lot
that meets all of the dimensional requirements in Section 42-552 of the Off -Street Parking
Regulations.
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT:
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
M
On December 19, 2022, the Salina City Commission approved an ordinance (Ordinance No. 22-
11139) rezoning these two lots at the northeast corner of Schippel Drive and Fawn Street to PC -2 and
approving the proposed site development plan for conversion of this building to a beauty salon. The
applicants took ownership of the property on December 27, 2022.
Nature of Amended Request
The Community and Development Services Department received a building permit application and
plans for the beauty salon conversion on January 4, 2023. A permit for interior building demolition has
been issued but no permit for site improvements has been issued. The delay in approving the proposed
site improvements has centered around two items:
1. The need for an accurate, up to date survey depicting the location and dimensions of all utility
easements.
2. The configuration and dimensions of the proposed parking area north of the building (primarily
on Lot 5, Block 1).
This property has a complex history with public utility easements with numerous dedications and
easement vacations occurring outside the platting process (See summary attached to this report). The
initial site surveys submitted by the applicants' surveyor did not accurately depict the location, width,
or status of these easements which impact the site.
Upon receipt of the revised site survey and review of the recorded deed it became apparent that the
legal description provided with the rezoning application understated the area being purchased by the
applicant. Staff determined that the "zoning lot" for the vet clinic/ beauty salon also should have
included 22 ft. of the adjoining lots to the east (Lots 13 and 14, Block 4). The ordinance rezoning the
property rezoned only Lot 8, Block 4 which has 123 ft. of frontage on Schippel Drive when in fact the
property purchased by the applicants has 145 ft. of frontage on Schippel Drive. Staff determined that
the east row of parking stalls and the initial proposed location of a relocated ground sign for the beauty
salon were outside of the boundaries of the property rezoned for beauty salon use. Since this property
is still zoned C-1 it cannot be used for beauty salon purposes. That is the reason for bringing this item
back to the City Commission, to allow the City Commission to consider an amendment to the boundary
of the PC -2 district created for the beauty salon.
FISCAL NOTE:
Approval of this amended zoning district boundary would have no fiscal impact on the City.
Planning Commission Recommendation
The Planning Commission conducted a public hearing on this proposed amendment of the Planned
C-2 district for the Salina Allure Salon on March 7, 2023. Following presentation of the staff report,
the Planning Commission voted 6-0 to recommend approval of an amendment of the original Planned
AGENDA SECTION
NO:
ITEM
NO:
Page 4
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/27/2023 4:00 P.M.
ORIGINATING DEPARTMENT
Community and Development Services
Planning Division
BY: Dean Andrew
FISCAL APPROVAL:
4W
FINAL APPROVAL:
C-2 district and site development plan approved in December to incorporate the West 22 ft. of Lot 14
and a portion of Lot 13, Block 4 into the zoning lot for the proposed beauty salon conversion.
COMMISSION ACTION:
1. Approve Ordinance No. 23-11149 on first reading repealing and replacing Ordinance No. 22-
11139 which approved the original Planned C-2 district and site development plan for 1001
Schippel Drive which had an incomplete legal description
2. Disagree with the recommendation of the Planning Commission and return this application to
the Planning Commission for reconsideration of their recommendation. The Commission should
state its reasons for disagreement.
3. Recommend that consideration of this ordinance be postponed to a future meeting date to allow
the applicant and staff to provide additional information prior to further consideration of this
rezoning request.
4. Approve a motion to deny the amendment of the boundary of the original Planned C-2 district
and site development plan for 1001 Schippel Drive citing the reasons therefor. (This action
would require four (4) affirmative votes).
Enclosures: Application
Vicinity Map
Site Survey
Proposed Site Development Plan
Excerpt of 03/07/23 PC Minutes
Ordinance No. 23-11149
CC: Ben Burton
Summary of 1001 Schippel Drive Platting and Utility Easement History
Platting History:
Plat of Schippel Addition:
Replat of Schippel Addition:
Blocks 4, 5 and Part of 3
King Addition:
A Replat of Part of Block 4
Replat of Schippel Addition
Blocks 4, 5 and Part of 3
Utility Easement History:
December 17, 1957
February 5, 1965
January 16, 1990
When the Replat of Schippel Addition Blocks 4, 5 and Part of 3 was approved in 1965, a
20 ft. north -south utility easement was dedicated straddling the lot lines between Lot 8
and Lot 14 and Lot 7 and Lot 13, Block 4 and a 20 ft. east -west utility easement was
dedicated straddling the common lot line between Lots 7 and 8, Block 4. (see attached
plat)
When the 1990 King Addition was prepared and approved, the utility easement along
the east boundary of Lot 5, Block 1 was inadvertently omitted/vacated and the North 10
ft. of the east -west utility easement was omitted/vacated leaving only 10 ft. on Lot 8,
Block 4.
1991:
Recognizing that there was a public sanitary sewer line crossing Lot 5, Block 1 of the
King Addition with no easement shown on the replat, Dr. King dedicated a 32 ft. wide
utility easement on Lot 5, Block 1 of the King Addition and an 11.43 ft. wide utility
easement on Lot 14, Block 4, Schippel Addition Replat of Blocks 4, 5 and Part of 3 by
separate instrument. These easement dedications were recorded on October 4, 1991.
The result of these dedications was a 32 ft. wide utility easement on Lot 5, Block 1 and
a 31.4 ft. wide utility easement east of the Town and Country Veterinary Clinic.
On November 18, 1991, the Salina City Commission approved Vacation Petition No.
4321 which vacated the West 9 ft. of the South 113.27 ft. of the platted utility easement
on Lot 8, Block 4 of the Schippel Addition Replat of Blocks 4, 5 and Part of 3 (Ordinance
No. 91-9473). The effect of this partial easement vacation was to reduce the width of
the utility easement east of the vet clinic from 31.4 ft. to 22.4 ft.
Case #Z22 -11A Attachment 1
Item 3.2 1 03.07.2023
Page 2of2
2014:
On January 14, 2014, the Salina City Commission approved Vacation Petition No. 4360
which vacated the remaining 10 ft. east -west utility easement north of the vet clinic
building and the West 10 ft. of the 32 ft. utility easement on the adjoining Lot 5, Block 1
of the King Addition Replat (Ordinance No. 14-10726). The effect of these easement
vacations was to eliminate all utility easements north of the building and to reduce the
width of the utility easement on Lot 5, Block 1 to 22 ft.
As a result of these actions, there is a 1 ft. utility easement on Lot 8, Block 4 and a 21.4
ft. utility easement on Lots 13 and 14, Block 4 for a total easement width of 22.4 ft. east
of the former veterinary clinic building.
C�Yor
SAW
Planning &
Community
J)Uvwlonmont
Publication Date
Application
25 2
No.
Z
Hearing DateDate
Filed
0 5 202
C Z-6-73-
Vicinity Map Attached
Filing Fee
550. oo
Ownership Certificate
I!flpt No.
IC�G
APPLICATION FOR AMENDMENT TO THE DISTRICT ZONING MAP
1. Applicant's Name Benjamin J Burton and Gavin Schmidt
2. Applicant's Address 3618 Vanesta Drive Manhattan, KS 66503
3. Telephone(daytime)785-341-5136 F -mail ben.burtonI@gmail.com
4. Owner's Name TC Vets ll, LLC c/o Karen Young
5. Owner's Address Town & Country Animal Hospital c/o Karen Young 1501 S. Ohio Salina, KS 67401
6. Legal Description of Property to be rezoned (attach additional sheet if necessary) See Attached
7. Approximate Street Address 1001 Schippel
a. Area of Property (sq. ft. and/or acre)
9. Present Zoning C-1
10. Requested Zoning Planned C-2
17,023 sgft - lot with existing structure and 10,624 - vacant lot
use Former Veterinary Office
Use Beauty Salon
11. Are there any covenants of record which prohibit the proposed development? YES ❑ (attach copy) NO
12. List reasons for this request (attach additional sheets if necessary): Rezone property to Planned C-2 to allow for
beauty salon; all other uses to remain C-1 uses.
13. Provide additional information showing the effect the request vAll have on present and future traffic flow, schools, utilities,
emergency services, surrounding properties, etc. (Attach additional sheets If necessary): See attached "#13 response"
14. Explain how off-street parking will be provided for this requested use: Off-street parking will be provided for both
employees and customers (2 stalls per chair). Circulation through the lot will. be one way; entering from
Schippel Or and exiting onto Fawn St.
15. List exhibits or plans submitted: Proposed Site Plan and Proposed Exterior Elevations.
Applicant(s) r�
Signaturev
Gt(µ+
Date: 10/6/202
Owner(s)
Signature
Date:
If the applicant is to be represented by legal counselor 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:
Complete Mailing Address, including zip code
Telephone (Business): E-mail address:
PLF — 051, Application Amendment to District Zoning Map, Rev. 04/2011
Legal Descriptions:
1) Lot 8, Block 4 in the Replat of Schippel Addition Blocks 4, 5 & Part of 3
2) Lot 5, Block 1 in the King Addition Replat of Part of Block 4, Replat of Schippel Addition, Blocks 4,
5 & Part of 3
Rus4ell Ave
R I 11 4— R-1
PC -3
-2
C-1
PC -2 I C_ Application #Z22 -11A
Filed by Ben Burton
C-3 III
C-3
PC -3
C-3
PC -3
udst Area
Parkwood Dr
C-3
PC -3
I1111111M
r
•
P1
State A IL 7
Albert Ave C-3 r _1
r a,
PC -3C-3 _� ` 1 E
1 1
1 17
1 a
r • �N,
1 1
1 inch = 200 feet
s`„ Application #Z22-11A
Filed b Ben Burton
issell,A`°:
1 i 61
1xx'j�`a f_4' 1
�
-.�-r �.
� : II � �� f A I•I , I r r wr. �fi
"ice.-'' •�'��.�.I �h', � �' �
@, -
II
MNI—
RRM
-Ell k ` l�
RequesTA ea
;. �i•._ _ ��; r._�I 1' hal, i7 ..___.
Ln
6r PTCI<w,00 d�
TN %
I_OL
Imo.
sk
jr
-4:
Brock Rd �i n
1 �I 4 s
4
>< 1�-T'17f
I x i � I - � I r
r.1
Albert Avg
1 inch = 200 feet
Attachment
Most Recent
Site Development Plan
Salina Allure Salon
1001 Schippel Drive
SNc i.-HN No
Ja��unn&Hh
SVSNVN'VNIIVS
sll'IIS13nsl
�m�"as�Mam
��a m
°°v mU
w
Nd]d AWS
wm�3
ao=<
w
w
6
z
a oa
I
a
W
m
U)
u
ui
(�
U
�
L
n
CT
FM
J
a� E
Oaa
°° O
YJ� N
�<
�g�
IW
m=m
I
�Un
O � U
am
C]
ao
�-
Alf_
p
A
eZ
z
i
2
J
O
V
w
�o
w
a
a
J
LI� as
h
TI
,0'6E en o
0
OJp -
mO 0
V
M
�Z h
Ir g1zzl=�
m
ui � LZ•66�
a
co
IOG
Attachment
Building Permit
Site Survey
1001 Schippel Drive
cqLO
W �
N
hw
N Q
i
i cl�
i YU co
;t: N ~
U
I U m 0 O
oN
nm Ov N
• � N
0 V O U
i l oU m
0
2 2m 1" N d
Q
1 V
n da m
= T
j n U
A �
�
C C
W
v
W
�Y
m
G
o
W
6
t G
v
`n 6
-6 Q
V
0 m
O
N
E E E = m
C C O E m m N
u
E
O
°
o
m
c z
ao y c mc
0
m
2 0¢a a a N5 1>
n/
n!
a
v)
ao
pmt
n
a
°
6
uw
�
0
--0
d N
Wog
T V p
N
o
m
T
W
a
am,W
cW
t°
o
o
m J—c
o S o
°V
LL m
i.
Z
W
r
v A
a
° $ W
m
=m
8
vo
Y
IL �
o f
z Ar N
car N
mN
4
rn
NO
lwq
T
q
vy
C 0�0
C
W
Y
�3md
mo
°
N
L.L..
n.
N
o
m
c�
t
PO
f' C
N
0 V Z.-
vsvo
o
9L
¢F-
Ti
W N
v o
z' 6 E
Y°
t
m �
H
°
a ami
U.
O`.
J
�J
Cl.
Z L LL
Z°
u
Z
p�
N a U o
0:5
O
o
oM
o
A`om�
Vv
m
U E
IL m m
O
(A d
m
m
J o
r m
ofm.
U Q q m
m A
cam- c
m a
ry�m5
co
Z z
h
a(:
W "W C
C,Y
vOiv
G N
w'5of m
m h��a
Aa =
I"' JIL
W m
U� 9
cqLO
W �
N
hw
N Q
i
i cl�
i YU co
;t: N ~
U
I U m 0 O
oN
nm Ov N
• � N
0 V O U
i l oU m
0
2 2m 1" N d
Q
1 V
n da m
= T
j n U
A �
�
C C
W
v
W
�Y
m
G
C
O
6
t G
v
`n 6
-6 Q
m m0
0 m
N U
N
E E E = m
C C O E m m N
m � O � lL
W
E c o
w r
E cd
.� o E E i• W
= v O O T c
i O a
m
2 0¢a a a N5 1>
n!
H-
W
U LL
f mLL
m CIK
^OpC m
W
O _ O
J C (�
Oh O
I �LLm< zyZ•s�N gn
c I o 0 0 �p*�bd£ £ZbM ,�Z,85 o o I
U= J W IN N
(Si SEMENT //�
'o, W, N No
I
f � �`opFp66MENt M NM/� V -z
N N £Z
lzd�N N - .
W.
SER Q�4dl o rn w
SAS'\1ARYi 50, PGB B8'r-
BK i y v ca
N / 0 EASEME 6 z^ N Q LL W q LO
Q.
- 100•VAC+"igA ��pgS" �mU PM F.a (L LU
W
�iKDIL
�� P� 5095- \\I ¢ 0 w LU,� m v o o W a
8 ❑ate\\ IZm oca I...o '2
v,
< Saco .0'S£ 'ern
C3m
cq��-o�i �� �`UUic stn
a mLL �2 co��j .r-_ G1 JOV r
wh () po viO r-' �E'ZL aCO
z CC N m� a) `r-� a XLZ Oold
OE
W ~ OJ Z
w cA 00 CO lw'n�°o'
_ o (0z.,W oo
mcl(O
rd<
m 00 .o-.zo c7 ei ai
z
b Z Q'Z�N�dl E L•ZZ�=� N V I
o a 10.
Lcjm N `g .9LZZ4=l
A
11
\I d
s i
a�ll�' zo�rx y��Mdd'�
r
Attachment
Ordinance Rezoning
1001 Schippel Drive
To PC -2
Summary published in The Salina Journal on December , 2022.
Posted on the City of Salina website from December _ to December _, 2022.
ORDINANCE NUMBER 22-11139
AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER
42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF
SALINA, KANSAS BY REZONING AND PRESCRIBING THE PROPER USES OF
CERTAIN PROPERTY WITHIN THE CITY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. In relation to the following described real estate:
Lot 8, Block 4 in the Replat of Schippel Addition Blocks 4, 5 & Part of 3 and Lot 5, Block
1 in the King Addition Replat of Part of Block 4, Replat of Schippel Addition, Blocks 4, 5, & Part
of 3 in the City of Salina, Saline County, Kansas (the "Property")
the Governing Body makes the following findings:
1. All conditions precedent for the amendment of the City's Zoning District Map and the
rezoning of the Property have been timely met;
2. Based on the configuration and historic use of the building, the Property is more
suitable for neighborhood scale service use than office use. The existing C-1 zoning
inhibits reuse of the existing building.
3. Beauty salons are identified as the type of service businesses that should be located in
Neighborhood Centers. Reuse of a commercial building limited to a beauty salon and
permitted C-1 uses will not negatively impact nearby properties that have been adjacent
to C-1 zoning for 45 years.
4. Adequate lot area is available to provide off-street parking for the proposed change in
use.
5. If use of this Property is limited to a beauty salon and permitted C-1 uses only, there
will be a minimal impact on traffic volumes on Schippel Drive and Fawn Street.
6. Utilities and fire protection are adequate to support a beauty salon operation in this
location.
7. The requested zoning change to PC -2 would be consistent with the City's
Comprehensive Plan which identifies this property as being a part of a Neighborhood
Center and C-2 is listed as a potential zoning district in Neighborhood Centers.
8. The applicant has a specific development plan for the Property.
The following finding supports approval of the site development plan for the Property.
1. The site development plan submitted for the proposed beauty salon meets the
development standards set in Sec. 42-409.14 of the Salina Code.
Section 2. Amendment. DISTRICT "PC -2" PLANNED NEIGHBORHOOD SHOPPING
DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the
Property as part of DISTRICT "PC -2" Planned Neighborhood Shopping District.
Section 3. Site Development Plan Approval. The site development plan for the proposed beauty
salon as presented is approved and incorporated as part of this ordinance. (the "Site Development
Plan"). A copy of the Site Development Plan shall be filed in the office of the zoning administrator.
Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions,
restrictions, and limitations applicable to the "C-2" Neighborhood Shopping District under
Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of
the Property shall be subject to and substantially conform to (a) the site development plan(s) and
(b) the following conditions:
1. Zoning district regulations. Development and use of the Property shall be limited to a
beauty salon, plus other uses permitted in the "C-1" Restricted Business District and
shall be subject to the bulk regulations, use limitations and sign regulations applicable
to the "C-1" Restricted Business District, except as enumerated in sub -point 2 below.
2. Modifications. Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district
regulations are modified as follows: None.
Section 5. Additional conditions. Development and use of the site shall be subject to the
following additional conditions:
1. The property owner shall submit a site survey from a Licensed Surveyor confirming
the existing building setback dimensions.
2. The property owner shall submit a revised site development plan for the proposed
parking lot that meets all of the dimensional requirements in Section 42-552 of the Off -
Street Parking Regulations.
3. A building permit for this project shall be obtained within 18 months of site
development plan approval.
4. A separate sign permit must be applied for and issued prior to installation of any signs.
Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code
Sec. 42-409.19, if construction based on a valid building permit has not been commenced within
the deadline of eighteen (18) months from the date of publication of this ordinance or as extended
by the board of commissioners for a specified length of time not to exceed one (1) additional year,
the Site Development Plan shall expire and be revolted and no building permits shall be issued in
relation to the beauty salon site unless and until a new site development plan has been approved
by the board of commissioners.
Section 7. Repealer. All prior ordinances relating to the Property are repealed to the extent they
are in conflict with this ordinance.
Section 8. Effective date; publication summary. This ordinance shall be in full force and effect
from and after its adoption and publication once by summary in the official city newspaper.
Ordinance No. 22-11139 Summary
On December 19, 2022, the City Commission passed Ordinance No. 22-11139. The ordinance
changes the zoning district classification of property located at the northeast corner of
Schippel Drive and Fawn Street (1001 Schippel Drive) as legally described in the ordinance
to PC -2 (Planned Neighborhood Shopping District) to allow the conversion of a former
veterinary clinic to a beauty salon and outlines the findings of the City Commission in
support of the change in zoning. A complete copy of the Ordinance can be found at
www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This
summary is certified by the City's legal counsel.
Introduced: December 12, 2022
Passed: December 19, 2022
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Cleric
The publication summary set forth above is certified this _ day of December, 2022.
Greg A. Bengtson, City Attorney
The Mid -Kansas Title Co., Inc. WARRANTY DEED
217 N. Santa Fe 1111111111111 ����� ��� �� (��) ����) 11111 11,1
TC VETS ll, LLC, a Kansas limited liability
company
CONVEYS AND WARRANTS TO
ISCHIPPEL, LLC, a Kansas limited liability
company
oVrt►hllbN/Av(W16UVk"I#1,AAr#n"f5NV//ft
c/f//#ffl// jq?#y/pf//0ytnp// all the following
described real estate in the County of Saline
and the State of Kansas, to -wit:
,. REBECCA 5EEMAN
/*,'" ~°'#REGISTER OF DEEDS SALINE COUNTY KANSAS
:t .;1��Book:i� Pages 1370-1371
: Receipt #: 145000 Recording Fee: $38.0(
"`" " Pages Recorded: 2 C,J A/
Date Recorded: 12/27/2022.2:52:59 PM
Entered In Transfer Record in my office on
12/27/2022 O
County Clerk:., �J
Attached Exhibit "A"
for the sum of ONE DOLLAR ($1.00) AND OTHER VALUABLE CONSIDERATION
EXCEPT AND SUBJECT TO: Easements, covenants, restrictions and reservations of record; taxes
and assessments for the year 2022 and subsequent years.
Dated: 804ay--, 2022
COUNTY OF%Q V� P , ss:
BE IT REMEMBERED, that on this 4 day
of 2022, before me, the
undersigned, a notary public in and for the
County and State aforesaid, came Karen
Hale Young, Manager of TC Vets, LLC,
Member of TC Vets II, LLC, a Kansas limited
liability company, who is personally known to
me to be the same person who executed the
within instrument of writing and such person
duly acknowledged the execution of the
same, as the act and deed of said company.
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my seal, the day and
year last above written
L- 'n - p-,"jiA
Notary Public
(Seal) �-
jerr i 0. P uS k
My Appt. Will Expire:
TC Vets II, LLC
TC Vets-LLSMember
TERRI D. RUSH
> Notary Public • State of Kansas
MyAppl. Expires
zuMFj0ff- �!NM
r ,fir -f'
Escrow File No.: 45968 � 1420 ffPC j8: 1371
EXHIBIT "A"
Tract A: Lot Eight (8), Block Four (4), Replat of Schippel Addition, Blocks Four (4), Five
(5) and part of Three (3), City of Salina, Saline County, Kansas;
ALSO a portion of Lots Thirteen (13) and Fourteen (14), Block Four (4), Replat of Schippel
Addition, Blocks Four (4), Five (5) and part of Three (3), City of Salina, Saline County,
Kansas, being more particularly described as follows:
Beginning at the Southwest corner of Lot Fourteen (14); thence N89054'46"E, a distance of
Twenty-two feet (22.00') along the South line of Lot Fourteen (14); thence N13024'20"W
along a line parallel to the East line of Lot Eight (8), a distance of One Hundred
Twenty-three and Twenty-seven Hundredths feet (123.27'); thence S89054'46"W along a
line parallel to the South line of Lot Fourteen (14), a distance of Twenty-two feet (22.00') to
the Northeast corner of Lot Eight (8); thence S13°24'20"E along the East line of Lot Eight
(8) to the point of beginning
./Tract B: Lot Five (5), Block One (1), King Addition to a Replat of Part of Block Four (4),
Replat of Schippel Addition, Blocks Four (4) and Five (5), and Part of Three (3), to the
City of Salina, Saline County, Kansas
VOTE: Motion carried 6-0
(3.2) Consider an amendment to the PC -2 (Planned Neighborhood Shopping) district
boundary and approval of an amended site development plan for the former Town &
�
Country Veterinary Clinic property at 1001 Schippel Drive to include a portion of Lot
13 and Lot 14, Block 4 in the Schippel Addition Replat of Block 4 and 5 and Part of
Block 3. (Application #Z22-1, filed by Ben Burton).
Mr. Andrew presented the staff report with visual graphics which are contained in
today's meeting packet.
Chair Mikesell asked the Commission if there were any questions for staff. There
were none. Chair Mikesell indicated that this appeared to be a housekeeping item.
Chair Mikesell invited the applicant to address the Commission. The applicant had
no comments or questions.
Chair Mikesell asked if there were questions of the applicant. There were none.
Chair Mikesell asked if there were comments or questions from members of the public
in attendance. There were none.
Chair Mikesell confirmed there were no further comments or questions from members
of the public, closed the public hearing and brought this item back to the Commission
for discussion and action.
MOTION: Commissioner Alt made a motion to approve the
amendment to the original Planned C-2 district and site
development plan to incorporate the West 22 ft. of Lot 14
and a portion of Lot 13, Block 4 into the zoning lot for the
proposed beauty salon conversion.
SECOND: Commissioner Olson
VOTE: Motion carried 6-0.
• Legislative Matters
None
Administrative Items
None
Preliminary Discussion Items
None
PLANNING COMMISSION ( MINUTES
March 7, 2023
Page 6 of 7
Summary published in The Salina Journal on April , 2023.
Posted on the City of Salina website from April to April , 2023.
ORDINANCE NUMBER 23-11149
AN ORDINANCE REPEALING AND REPLACING ORDINANCE NUMBER 22-11139
AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE
SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA,
KANSAS BY REZONING AND PRESCRIBING THE PROPER USES OF CERTAIN
PROPERTY WITHIN THE CITY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. In relation to the following described real estate:
Lot Eight (8), Block Four (4) in the Replat of Schippel Addition Blocks Four (4), Five (5)
and Part of Three (3), also a portion of Lots Thirteen (13) and Fourteen (14), Block Four (4), Replat
of Schippel Addition, Blocks Four (4), Five (5) and part of Three (3), City of Salina, Saline County,
Kansas, being more particularly describes as follows:
Beginning at the Southwest corner of Lot Fourteen (14); thence N89°54'46"E, a distance of
Twenty -Two feet (22.00') along the South line of Lot Fourteen (14); thence N13°24'20"W along
a line parallel to the East line of Lot Eight (8), a distance of One Hundred Twenty-three and
Twenty-seven Hundredths feet (123.27'); thence S89°54'46"W along'a line parallel to the South
line of Lot Fourteen (14), a distance of Twenty-two feet (22.00') to the Northeast corner of Lot
Eight (8); thence S13°24'20"E along the East line of Lot Eight (8) to the point of beginning,
and Lot Five (5), Block One (1) in the King Addition Replat of Part of Block Four (4), Replat of
Schippel Addition, Blocks Four (4),` Five (5) and Part of Three (3) in the City of Salina, Saline
County, Kansas (the "Property")
the Governing Body makes the following findings:
I. All conditions precedent for the amendment of the City's Zoning District Map and the
rezoning of the Property have been timely met;
2. Based on the configuration and historic use of the building, the Property is more
suitable for neighborhood scale service use than office use. The existing C-1 zoning
inhibits reuse of the existing building.
3. Beauty salons are identified as the type of service businesses that should be located in
Neighborhood Centers. Reuse of a commercial building limited to a beauty salon and
permitted C-1 uses will not negatively impact nearby properties that have been adjacent
to C-1 zoning for 45 years.
4. Adequate lot area is available to provide off-street parking for the proposed change in
use.
5. If use of this Property is limited to a beauty salon and permitted C-1 uses only, there
will be a minimal impact on traffic volumes on Schippel Drive and Fawn Street.
6. Utilities and fire protection are adequate to support a beauty salon operation in this
location.
7. The requested zoning change to PC -2 would be consistent with the City's
Comprehensive Plan which identifies this property as being a part of a Neighborhood
Center and C-2 is listed as a potential zoning district in Neighborhood Centers.
8. The applicant has a specific development plan for the Property.
The following finding supports approval of the site development plan for the Property.
1. The site development plan submitted for the proposed beauty salon meets the
development standards set in Sec. 42-409.14 of the Salina Code.
Section 2. Amendment. DISTRICT "PC -2" PLANNED NEIGHBORHOOD SHOPPING
DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the
Property as part of DISTRICT "PC -2" Planned Neighborhood Shopping District.
Section 3. Site Development Plan Approval. The site development pian for the proposed beauty
salon as presented is approved and incorporated as part of this ordinance. (the "Site Development
Plan"). A copy of the Site Development Plan shall be filed in the office of the zoning administrator.
Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions,
restrictions, and limitations applicable to the "C-2" Neighborhood Shopping District under
Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of
the Property shall be subject to and substantially conform to (a) the site development plan(s) and
(b) the following conditions:
1. Zoning district regulations. Development and use of the Property shall be limited to a
beauty salon, plus other uses permitted in the "C-1"Restricted Business District and
shall be subject to the bulk regulations, use limitations and sign regulations applicable
to the "C-1 Restricted Business District, except as enumerated in sub -point 2 below.
2. Modifications. Pursuant to Salina Code See. 42-409.7, otherwise applicable district
regulations are modified as follows: None.
Section 5. Additional conditions. Development and use of the site shall be subject to the
following` additional conditions:
1. The property owner shall submit a revised site development plan for the proposed
parking lot that meets all of the dimensional requirements in Section 42-552 of the Off -
Street Parking Regulations.
2. A building permit for this project shall be obtained within 18 months of site
development plan approval.
3. A separate sign permit must be applied for and issued prior to installation of any signs.
Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code
Sec. 42-409.19, if construction based on a valid building permit has not been commenced within
the deadline of eighteen (18) months from the date of publication of this ordinance or as extended
by the board of commissioners for a specified length of time not to exceed one (1) additional year,
the Site Development Plan shall expire and be revoked and no building permits shall be issued in
relation to the beauty salon site unless and until a new site development plan has been approved
by the board of commissioners.
Section 7. Repealer. Ordinance No. 22-11139 relating to the Property is repealed and replaced
by this ordinance.
Section 8. Effective date; publication summary. This ordinance shall be in full force and effect
from and after its adoption and publication once by summary in the official city newspaper.
Ordinance No. 23-11149 Summary
On April , the City Commission passed Ordinance No. 23-11149. The ordinance repeals and
replaces Ordinance No. 22-11139 and changes the zoning district classification of property
located at the northeast corner of Schippel Drive and Fawn Street (1001 Schippel Drive)
as legally described in the replacement ordinance to PC -2 (Planned Neighborhood
Shopping District) to allow the conversion of a former veterinary clinic to a beauty salon
and outlines the findings of the City Commission in support of the change in zoning. This
replacement ordinance expands the PC -2 district boundary to include fourteen (14) feet left
out of the original legal description. A complete copy of the Ordinance can be found at
www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This
summary is certified by the City's legal counsel.
Introduced: March 27, 2023
Passed: April 3, 2023
Michael L. Hoppock, Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
The publication summary set forth above is certified this day of April, 2023.
Greg A. Bengtson, City Attorney