7.2 Outdoor Temp Auto Sale Disp · CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
6/26/95 4:00 P,M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 7 AGENDA:
PLANNING & DEVELOPME~'
ITEM
Item
Application #Z95-3, filed by Sam's Club, requesting an amendment
of the Salina City Zoning Ordinance Article VI, Division 13,
Shopping Center District Regulations, by amending Section 42-
282(5) to allow the outdoor display and sale of automobiles as a
temporary use in the C-3 District.
Background
Earlier this spring, the planning staff had discussions with
representatives of Sam's Club's car buying program about their
interest in having a special promotional event at the local Sam's
Club store in conjunction with several local car dealerships.
Staff informed the Sam's Club representatives that we would not be
authorized to issue a Temporary Use Permit for such an automobile
display and sale because the Sam's Club site is zoned C-3.
The C-3 (Shopping Center) District specifically limits automobile
display and sales to a completely enclosed building such as the
Central Mall. This was by design to give C-3 zoned areas a
distinctive character compared to heavier commercial zones. The
C-3 district is designed and intended to accommodate indoor
oriented retail and service uses that do not involve outdoor
display or storage. In contrast, the C-5 district is designed for
more outdoor oriented, automobile related uses such as new and
used car lots, auto parts, car washes and automobile repair.
Sam's Club has submitted this request for a text amendment to
allow the display and sale of automobiles in C-3 on a temporary,
promotional basis.
Information/Analysis
Staff informed the Sam's Club's representatives that we would not
be supportive of an amendment that opened C-3 up to automobile
dealerships and sales lots but might be receptive to a change
allowing display and sale on a limited basis. Staff believes that
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
CITY OF SALINA
~ REQUEST FOR COMMISSION ACTION DATE TIME
6/26/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO, AGENDA:
PLANNING & DEVELOPMENP
ITEM
NO. Roy Dudark
Paqe 2 BY: BY:
strong reasons exist for maintaining a separate identity for C-3
development versus C-5 development. The newer C-3 developments
tend to have landscaped front yards with tree plantings and other
landscape buffers. There are limitations in C-3 on the amount of
front yard that can be paved over. There are no such limitations
in C-5. There is generally a desire amongst car dealers to push
their inventory as close to the front property line or street as
possible and this is inconsistent with the objective in C-3 to
have a green space or landscape buffer between building and
street. Also, the sign regulations are more restrictive in C-3.
The Commercial Development Policies section of the Comprehensive
Plan states that a major objective is to prevent strip commercial
development along arterial streets and to limit the range of
automotive uses and maintain the office and retail nature of
selected corridors (South Ohio and Ninth Streets). Primarily this
means maintaining the existing C-3 zoning and not allowing
additional C-5 zoning or C-5 uses which could change the
appearance and character of the corridor by allowing more
automobile related uses.
Staff does not believe that automobile sales lots contribute to
the appearance and character desired around retail shopping
centers. However, an amendment that would limit the duration of
the event would insure that such temporary outdoor displays would
not be incompatible with the overall retail character of the C-3
district.
Proposed Amendment
Section 42-282(5) would be amended to read as follows:
(5) Automobile sales and rental, within a completely
enclosed building, except that the outdoor display and
sale of automobiles may be approved as a temporary use
provided that sales events shall be limited to a
maximum of four (4) consecutive days in any six (6)
month period.
CITY OF SALINA
, REQUEST FOR COMMISSION ACTION DATE TIME
6/26/95 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
PLANNING & DEVELOPMEN~
ITEM
NO. Roy Dudark
Page 3
BY: BY:
Some examples of areas zoned C-3 are the former Sears Center, K-
Mart, Wal-Mart, Mid-State Mall, Central Mall, Dillons Southgate,
and the Bicentennial Center as well as Sam's Club and Target. Ail
of these would be eligible sites for promotional sales events
under this amendment provided that required parking spaces are not
occupied.
Planning Commission Recommendation
~The Planning Commission conducted a public hearing on this
proposed text amendment on June 6, 1995. At the conclusion of the
i..~ public hearing the Planning Commission voted 5-0 to recommend
approval of the requested change to the Zoning Ordinance citing
~ the following reasons:
~ a) The proposed amendment is consistent with the intent
and purpose of the Zoning Ordinance; and
b) The proposed amendment will not adversely affect the
orderly development of the City of Salina; and
c) The proposed amendment will not be detrimental to, or
endanger the public health, safety or general welfare
of the City of Salina.
City Commission Action
If the City Commission wishes to approve the amendment, a motion
should be passed approving the attached ordinance on first
reading. Second reading is scheduled for July 10. If the City
Commission disapproves of the amendment, the commission may reject
the amendment by a 2/3 vote (4-1) or return the amendment to the
Planning Commission for reconsideration by a simple majority.
Encl: Application
Excerpt of PC Minutes 6/6/95
Ordinance #95 - 9695
cc: David Gray
Bill Nicholson
· P.e. Meeting Date Ju~ C~; IqqS' Application No._... 7__ q~"-~ _
:. Date Filed M~¥ ~. IqqS- Fi.ling Fee ~ I(~0.oo
Reviewed By ~A Receipt No.
APPLICATION FOR ~.tEN~qENT TO ~E ZONING TEXT
SALINA CI~ P~NNING CO~ISSION
The undersigned, being residents of the City of Saline, Kansas, do hereby apply
to the Saline City Planning Comtssion for an amendmen~ ~o SECS. 42-282 (5)
~ o~ ~he Zonina Reaula~ions, addinq the following language: "Excep~
; ~h~ outdoor dfspla~ and sa'lo of automobiles shall be permitted as
, , a temporar~ use."
~ ·
/.. Applicant's Name m(prtnt) ~. D~ ~R~--I
' Attach additional signature sheets if necessary. Be sure to include name; address,
" phon~ and ~ign~ture of e~ch applicant on the additional sheet~.
... If the applicant(s) is to be represented by legal counsel or an authorized agent,
: please complete the following in order that correspondence and communications per-
: tatntng to this application may be forwarded to the authorized individual.
'.; Name of Representative William E. Nicholson
- Address 6459 Orchid Lane; Dallas, Texas 75230
':< Telephone (Business) (800) 261-0807 or (214) 987-0807
Salina Planning commission
Salina Planning Commission
June 6, 1995
Page 3
arrangement and he will essentially have to approve the
plan for the outdoor patio.
Mr. McCoach asked in approval of the plans what is the
situation on the screening, are there any provisions for
that or requirements on outdoor screening?
Mr. Dudark stated we talked about that and what they have
to do is control access to the facility because they are
serving alcoholic beverages and so there is a requirement
that they have an entrance through the main facility to
get to this other space. There is not a separate way to
access this outdoor area.
Mr. McCoach stated and the outdoor space, I guess my
question was, would it be required to be screened in any
way or could it be relatively open?
Mr. Dudark stated I think it could be either open or
enclosed so that you couldn't see through it. It would
really have to be fenced in order to be controlled as far
· - as access but it could be an open type fence at least with
the way it is being proposed now.
.- MOTION= Mrs. Duckers moved to recommend that the C-4 Business
District Regulations be amended to allow outdoor food and
beverage service and that the amendment be adopt.ed as
prepared by the Planning staff and this is based on the
fact that the proposed amendment is consistent with the
intent and purpose of the zoning ordinance, the amendment
will not adversely affect the orderly development of the
City of Salina and the proposed amendment is not
detrimental to or endanger the public health, safety or
general welfare of the City of Salina.
SECOND= Mr. Weathers seconded the motion.
VOTE= Motion carried (5-0).
#3. Application #Z95-3, filed by Sam's Club, requesting an
amendment of the Salina City Zoning Ordinance Article VI,
Division 13, Shopping Center District Regulations, by
amending Section 42-282(5) to allow the outdoor display
and sale of automobiles as a temporary use in the C-3
District.
Mr. Dudark gave the staff report and stated this
application requesting permission to conduct on a
temporary basis the outdoor sale of automobiles in the C-3
Shopping Center District. The C-3 District is Central
Mall, Mid-State Mall, Sam's Club, Target, Wal-Mart, K-
Mart, it is large shopping center areas, like Southgate
-, and so forth that are primarily designed for interior tYl~e
sales. For example, in Central Mall now you strol!
through the mall and you see the cars on display there, so
they are allowed inside an enclosed building to be for
sale but not in a permanent display in the parking lot.
~ The intent of the C-3 District was to preserve the
aesthetic characteristics of the shopping district, like
S. 9th Street and Ohio Street, and so your used car lots,
car washes, automobile parts stores even repair shops are
· primarily located in the C-5 District which would be a
heavier commercial zone like Broadway or West Crawford.
So this request is simply to allow a promotional type of
event perhaps in conjunction with car dealerships where
they might bring cars in from the dealership over a three
or four day period and have sales people on the site in
order to introduce a new line of cars or whatever it might
be. And so in looking at this it is our feeling that on a
temporary basis where you are not changing the perm_anent
character of these areas that is not detrimental to the
design or the intent of the C-3 District to have this sort
of thing. Our recommendation on this is to amend the
ordinance as written on page 2 where it says number 5
~ Salina Planning Commission
. June 6, 1995
~ Page 4
"automobile sales and rentals within a completely enclosed
· area". That is the current language and then the
~ following language would be added "except that the outdoor
display and sale of automobiles may be approved as a
temporary use provlded that sales events be limited to a
maximum of four consecutive days in any 6 month period".
That would then give them twice a year to have this
promotional event. I would be happy to answer any
questions.
Mr. Mc~oach asked how would this be monitored basically?
Mr. Dudark stated we have a one page Temporary Use Permit
application they would simply fill in what the location is
going to be, how long it would be, how they are going to
monitor it, who is going to be responsible, and that sort
of thing.
Mr. McCoach stated this is for each promotion then?
Mr. Dudark stated yes for each time that they would have
that promotion.
Mr. McCoach stated I see it is limited to automobiles, do
you foresee any further amendments in regard to any other
types of products?
Mr. Dudark stated I think that we have written it so that
it would cover most passenger-type cars, I mean vans and
that kind of thing and anything that would not be a
commercial truck, we feel that it would fall under this
definition.
Mr. McCoach asked any other questions of staff?
Mrs. Duckers asked what about recreational vehicles?
Would that be included in this or not?
Mr. Dudark stated if you talking about motor homes,
don't think it would. I think that would Just be
something beyond the intent of this. That is not our
understanding of their desire anyway. Now they may have a
different view about that, but at least we didn't pick
that up from them.
Mrs. Duckers asked how does, this compare to what other
cities do?
Mr. Dudark stated I think that these kind of things are
taking place more and more frequently, but my
understanding is that alot of them are indoors like in
Century I1 or you know like most of the larger gathering
places, the Kansas Coliseum, we did have one recently at
the Bi-Centennial Center, so you know it is coming on a
little bit more frequently with different marketing
approach to car sales.
Mr. Weathers stated I notice the word rental in there, is
that Just a clause?
Mr. Dudark stated that is because that is the way it reads
now, sales and rental, at alot of dealerships you can rent
a vehicle as well as buy one, you know leasing.
Mr. McCoach asked are there any other questions? Hearing
none would the applicant like to make a few comments?
Please state your name and address.
Dave Gray, I am the general manager of Sam's Club here, my
address is Wichita, I am transferring here from Wichita.
I have been the general manager here for two months. What
this is basically about, it is a member benefit auto
buying program in conjunction with dealerships, Marshall
Motors, Long McArthur, Town & Country Motors. What
Saltna Planning Commission
June 6, 1995
Page 5
happens is one of our Sam's members, it is kind of a no
hassle type of buying, where they make an appointment and
they go into these dealerships and they get like a one
shot price, kind of take it or leave it type of thing. It
is Just a different way of being able to save time and
save money and kind of less of a hassle way of buying
cars. What this promotion basically is for Is for the
dealerships, that are involved, although I do believe that
Town and Country is in Minneapolis. The other two,
Marshall's and Long-McArthur are located right here
Salina and pretty much ! transferred here from Wichita and
we had an event like this out on West Kellogg, Mel
Hambleton did it, and it was done out in the parking lot
and it went over pretty well. So it is being done in
different parts of the country and In different cities.
think it will help promote the local dealerships, that is
what it Is based on is the local dealerships and to keep
the companies that are involved in our auto buying
program. Actually as far as Sam's Club itself, as far as
us in the club, It Is a benefit that Is kind of outside of
us. I won't be directly involved with It at a11. It is
another example of the operation of our company for the
benefit of the customer basically. I am all for it, what
It does is create excitement and it does help sales.
Mr. McCoach asked so your marching orders have been
received from Arkansas?
Mr. Gray stated yes kind of.
Mr. McCoach stated Mr. Gray we welcome you to Salina, do
you find that the proposed amendment satisfies your needs,
it is narrow.
Mr. Gray stated right, I don't see any problem at all as
far as recreational vehicles, that is not part of it.
What we had in Wichita was Just an all passenger cars,
am trying to remember if they even have pickups. But they
bring out a number of vehicles, and it is Just a three or
four day event, it is a nv~ber of cars there, and people
can come and look at them. People may make their choices
and sales are made.
Mr. McCoach asked are there any other questions of the
applicant? Hearing none would any interested citizens
like to comment on the app~lcation? Hearing none was
there any correspondence?
Mr. Dudark stated no, and Just one other comment, pickups
and mini-vans we think would fall within the passenger
vehicle definition.
Mr. McCoach stated I would bring it back to the Commission
for comments and possible action.
Mr. Weathers stated I saw one of these the other day and
didn't see any problem with it.
Mrs. Duckers stated this is not Justified as only Sam's
Club either, it would also apply to other malls or Target
or anyone else has the same right to do this once we amend
the zoning ordinance.
Mr. Dudark stated right any C-3 zoned tract.
Mr. McCoach stated I think that we find from time-to-time
that we do need to make amendments to the zoning text
because the cond~tions change, times change and the world
turns and th~ngs are done differently and we appreciate
you bringing this to us and pointing ~t out quite frankly.
! would entertain a motion at this time.
MOTION: Mrs. Duckers moved to recommend to the City Commission
that the zoning text amendment be approved recommending
Sallna Planning Commission
June 6, 1995
Page 6
that the C-3 District Regulations be amended to permit
auto sales on a temporary basis and this recommendation Is
based on the factors that It is consistent with the Zoning
Ordinance, It will not adversely affect the orderly
development of the City of Salina and It will not be
detrimental to or endanger the public health, safety, or
general welfare of the City.
:' SECOND~ Mr. Weathers seconded the motion.
VOTE: Motion carried 5-0.
: #4. Application #UR77-1C, filed by Gary Morgan dba Morgan
Supply, Inc., requesting an amendment to the approved
Urban Renewal Development plan for Lot 1, Block 8,
Northeast Industrial Park (aka 333 N. Front).
Mr. Andrew gave the staff report and stated this is a
request for an amended site plan approval for Lot 1, Block
8, in the city's Northeast Industrial Area. The land area
of this particular tract Is 2.44 acres and there is a 200'
x 122' building on the site. Now we gave you a little
background in the report on what the origin and purpose
was of Salina's Urban Renewal Project which took place
primarily in the late 60's and early 1970's. The City-
County Building was part of one Urban Renewal Project and
then the Northeast Industrial Park was a separate
industrial project and the purpose of that was to elear
blighted areas and create an atmosphere to attract new
investment and to eliminate those conditions of blight.
And as part of that, a set of protective covenants was
filed and they are contained in the document before you
which was essentially inherited by the City as the set of
rules or covenants or whatever for the northeast
industrial urban renewal project. As far as this
particular piece of property, this was purchased from the
City in 1977 as part of the deed there was notice of these
restrictions placed in the deed. Shortly thereafter, the
~ City issued industrial revenue bonds for construction of
this warehouse facility. On February 15, 1977, the
Planning Commission approved the redevelopment plan for
this tract to allow construction of the warehouse
facility, and at that time there was request to waive the
required 30' front yard on both Front Street and North
Second Streets to allow the building to be located 25'
from the property line instead of 30'. That was granted
at that time and a building permit for the warehouse was
issued tn 1978. Then in 1984, an amended plan was
approved and this was to allow parking in the front yard
along Front Street. The action also provided that
additional landscaping be installed as part of that
parking. Now we have a site plan here from 1984. Th~ way
the map on the overhead is oriented, east is at the top
which is Front Street. Across the street from that would
be the Weber, Palmer, Macy Medical Labs, a doctor's office
and Salina Family Physicians, to the west would be the
Carver Center, neighborhood center for the city. What
.' this plan shows was the plan for installing parking along
· Front Street. Essentially there are four or six spaces
that were allowed to be placed in the front yard and that
required a waiver of these urban renewal standards which
required that the front yard be maintained as landscaped
area. In the area that we have colored in on the screen
are the plantings that were proposed as landscaping are
part of this application to amend the plan. In addition,
the redline on the drawing, both here and here, represents
to our understanding the boundaries of the storage area.
What we have there today is none of the landscaping is in
place and instead of the storage area boundary being here,
it was moved out in to the front yard area. So when we
reviewed this request to install a loading dock area in
the front yard on the west side of the building we
reviewed the various files and the urban renewal project
standards and on page three of your report we summarized
(Published in the Salina Journal July , 1995)
ORDINANCE NUMBER 95-9695
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, SECTION
42-282 OF THE SALINA CODE REGARDING USE LIMITATIONS; AND
REPEALING THE EXISTING SECTION 42-282.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 42-282 of the Salina Code is hereby
amended to read as follows:
"Section 42-282. PERMITTED USES.
Permitted uses in the C-3 district are as follows:
(1) Antique shops;
(2) Apparel stores;
(3) Appliance stores;
(4) Auditoriums and community theatres;
(5) Automobile sales and rental, within a completely
enclosed building, except that the outdoor
display and sale of automobiles may be approved
as a temporary use provided that sales events
shall be limited to a maximum of four (4)
consecutive days in any six (6) month period;
(6) Automobile service and accessory stores,
provided that all service shall be conducted
within a completely enclosed building;
(7) Banks and financial institutions;
(8) Barbershops;
(9) Beauty shops;
(10) Bicycle shops;
(11) Blueprinting and photostating establishments;
(12) Bookstores;
(13) Business and professional offices;
(14) Camera and photographic supply stores;
(15) Carpet and rug stores;
(16) China and glassware stores;
(17) Churches, chapels, temples, synagogues,
cathedrals and shrines;
(18) Departments stores;
(19) Dog kennels, providing that such facilities are
completely enclosed and that no odor or noise is
discernible outside the structure;
(20) Dry cleaning establishments;
(21) Drygoods stores;
(22) Florist shops;
(23) Food stores, including grocery stores, meat
markets, bakeries, and delicatessens;
(24) Furniture stores;
(25) Furrier shops, including the incidental storage
and conditioning of furs;
(26) Gasoline service stations;
(27) Gift shops;
(28) Governmental buildings;
(29) Group day-care centers provided that such use
shall be separated from any commercial or
industrial use in accordance with the
requirements of the City's adopted building
code;
(30) Hardware stores;
(31) Hobby shops;
(32) Hotels and motels;
(33) Interior decorating shops, including
upholstering, making of draperies, slipcovers
and other similar articles which are conducted as
a part of, or secondary to, a retail operation;
(34) Jewelry stores;
(35) Leather goods and luggage stores;
(36) Mail-order houses;
(37) Medical and dental clinics, and guidance centers;
(38) Mortuaries and funeral homes; including
crematories, providing that such facility is
completely enclosed and that no odor or noise is
discernible outside the structure;
(39) Music stores and musical instrument sales and
repair;
(40) Newsstands;
(41) Optical sales;
(42) Package liquor stores;
(43) Paint and wallpaper stores;
(44) Pet grooming shops;
(45) Pet stores;
(46) Pharmacies;
(47) Physical and health services such as private
gymnasiums and reducing salons;
(48) Private clubs (clubs and organizations, and
fraternal and service clubs as defined only);
(49) Printing plants;
(50) Public utility uses, including substations and
ambulance services;
(51) Radio and television broadcasting stations;
(52) Recording studios;
(53) Research laboratories;
(54) Restaurants, with or without drive-up window
service, other than drive-in establishments;
(55) Restricted production and repair limited to the
following: Alteration and custom tailoring of
clothing for retail sale only; jewelry from
precious metal; watches; dentures; optical
lenses; and other similar activities;
(56) Schools: Music, dance or business;
(57) Self-service laundry and dry cleaning
establishments;
(58) Small animal hospitals, providing that such
facility is completely enclosed and that no odor
or noise is discernible outside the structure;
(59) Sporting goods stores;
(60) Tailors;
(61) Telephone exchanges and telephone transmission
equipment structures;
(62) Theatres, indoor only;
(63) Travel bureaus and transportation ticket offices;
(64) Variety stores;
(65) Any other similar retail business not
specifically listed is permitted if it complies
with the conditions and the restrictions
contained in Section 42-286 of this Chapter;
(66) Accessory and temporary uses, as permitted by
Article IV of this Chapter;
(67) Signs, as permitted by Article X of this
Chapter;
(68) Off-street parking and loading, as required by
Article XI of this Chapter."
Section 4. That the existing Section 42-282 is hereby repealed.
Section 5. That this ordinance shall take effect and be in force from
and after its adoption and publication once in the official city newspaper.
Introduced: June 26, 1995
Passed: July 10, 1995
John Divine, Mayor
[ SEAL ]
ATTEST:
Judy D. Long, City Clerk