7.1 Amend Zoning RegulationsAGENDA SECTION:
NO. 7
ITEM
NO. 1
Item
Development
CITY OF SALINA
REQUEST FOR COMMISSION ACTION
DATE TIME
4/4/88 4:oo P.M.
ORIGINATING DEPARTMENT:
COMMUNITY DEVELOPMENT
Planning Division
Roy Dudark 0
APPROVED FOR
AGENDA:
go
Application #Z88-2, filed by the Salina City Planning Commission requesting
consideration of six text 'amendments to the City of Salina Zoning Ordinance.
Background
On March 15, 1988, the Salina City Planning Commission conducted a public
hearing on six proposed zoning text amendments prepared by the planning staff.
The most important of these amendments would transfer authority to hear and
review Conditional Use Permit applications from the Board of Zoning Appeals to!
the Planning Commission. The Planning Commission voted 6-0 to recommend'
approval of the six proposed amendments.
Amendments
1. Amendment of Salina City Zoning Ordinance Article XIII, Administrative'
Provisions, by redrafting Section 42-597 to set out the application
procedures and requirements for receiving a Variance from the Board of
Zoning Appeals.
Comment
Presently, the Salina Zoning Ordinance makes no mention of Variances. This;
proposed section sets out the powers and duties of the Board of Zoning Appeals.,
The BZA would hear and decide appeals from interpretations of the Zoning:
Ordinance made by staff and requests for Variances. The new section sets out:
the application procedures and requirements for receiving a Variance. It would'
also spell out the limitations on what kind of Variances can be granted.
A second proposed section, 42-597.1, gives the Zoning Administrator the!
discretion to grant minor Variances administratively without going to a BZk
hearing if none of the adjoining property owners object. This should save!,
some applicants time and reduce their application processing fees.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4/4/88 4:00 P.M.
AGENDA
SECTION: Development
ORIGINATING DEPARTMENT:
APPROVED FOR
NO.
COMMUNITY DEVELOPMENT
AGENDA:
Planning Division
ITEM
Roy Dudark
NO.
BY:
BY:
Page 2
j
2. Amendment of Salina CGity Zoning Ordinance Article XIII, Administrative
Provisions, by amending Section 42-597 to transfer Conditional Use Permit'
authority from the Board of Zoning Appeals to the Planning Commission.
Comment
Because the approval of a Conditional Use Permit is more of a land use decisions
like a rezoning request, it is more appropriate that the Planning Commission,I
as the major planning body and keeper of the City's comprehensive plan, should]
hear and review all requests for Conditional Use Permits. This proposed)
ordinance section sets out the application requirements hearing procedures and
factors to be considered in reviewing Conditional Use applications. Under this
proposal the Planning Commission would have final approval or denial authority,
but a dissatisfied applicant or the owners of property within 200 ft. of the
request area would have the right to appeal the decision to the City Commission!
which would then make the final decision.
3. Amendment of Section 42-599, Violation and Penalties, by establishing a�
written complaint procedure for zoning violations.
i
Comment
This proposed section would amend Section 42-599 to more clearly spell out
what the zoning administrator's enforcement options are and what remedies are
available if a zoning violation is found. This section also adds a provision)
for complaints about zoning violations to be made in writing. Because some
complaints received are malicious or erroneous, a written form would make it
easier for the Zoning Administrator to keep a record of complaints and check
on whether a complaint has been investigated and enforcement action taken.;
i
i
I
i
COMMISSION ACTION
i
MOTION
BY SECOND BY
i
TO:
i
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4/4/88 4:oo P.M
AGENDA SECTION: Development
NO.
ITEM
NO.
Page 3
4. Amendment of Article
Section 42-552(e)(2) to
zones R-2 through I-1
pavement.
Comment
ORIGINATING DEPARTMENT:
COMMUNITY DEVELOPMENT
Planning Division
Roy Dudark
BY:
APPROVED
AGENDA:
BY:
XI, Off-street Parking and Loading, by amending
require that all open off-street parking areas in
be surfaced with a permanent asphalt or concrete
The current paving standard (all-weather, dustless material) is difficult to
define and enforce and is not really suitable for high traffic uses such as
multi -family and commercial. Many commercial parking areas in the city are not
even maintained to this standard. This proposed section would require parking
areas to be paved except for driveways and off-street parking serving permitted
uses in single-family zones and parking areas in the I-2 and I-3 industrial
zones.
5. Amendment of Article VI, Division 17, I-1 District Regulations by adding
certain uses to the list of permitted and conditional uses and deleting
other uses from the list of permitted uses.
Comment
Currently, the uses permitted in I-1 are virtually the same as those in I-2.
This proposed amendment deletes 47 uses, (for example, automobile assembly,
engraving plants, grain elevators and metal fabrication) from the list of
permitted uses in the I-1 (Industrial Park) District and shifts 11 uses to
conditional uses instead of permitted ones. Staff attempted to eliminate
listed uses that were repetitive and those uses involving noise, dust, heavy
truck traffic and outdoor storage that might be incompatible with a business
or light industrial park atmosphere. A total of 10 new uses were added to the
list of permitted uses, including group day care centers and other compatible
service businesses.
MOTION BY
TO:
COMMISSION ACTION
SECOND BY
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4/4/88 4:00 P.M.
AGENDA SECTION: Development ORIGINATING DEPARTMENT: APPROVED FOR;
NO. COMMUNITY DEVELOPMENT AGENDA:
Planning Division
ITEM Roy Dudark
NO.
BY: BY:
Page 4
6. Amendment of Sections 42-252(3), 42-267(12), 42-282(27), 42-302(34),
42-317(32) and 42-332(45) by deleting the 4 hour fire wall separation
requirement for group day care centers and substituting the Uniform
Building Code standard.
Comment
This proposed amendment would remove the Zoning Ordinance requirement that
group day care centers be separated from any commercial or industrial use by a
4 hour fire wall or a clear space of at least twenty (20) feet. This
requirement exceeds the minimum requirements of the building and fire safety
codes and has made building remodeling costs prohibitively high for some day
care operators. The amended language states that the fire wall separation
between group day care centers and commercial and industrial uses will be
determined be reference to Salina's adopted building code.
Recommended Action
If the City Commission concurs with the recommendation of the Planning
Commission, the attached ordinances should be placed on first reading. Second
reading is currently scheduled for April 11, 1988.
If the City Commission disagrees with the Planning Commission's recommendation
on any of the six or all of the proposed text amendments, the City Commission
should return the amendment or amendments to the Planning Commission for
reconsideration along with a statement specifying the reasons for the dis-
agreement.
Encl: Application #Z88-2
Excerpt from PC Minutes
COMMISSION ACTION
MOTION BY SECOND BY
TO:
STAFF REPORT
Salina City Planning Commission
Item
March 15, 1988
Application #Z88-2, filed by the Salina City Planning Commission requesting
consideration of six text amendments to the City of Salina Zoning Ordinance.
Bay round
On January 1 ;_ 1-M, planning staff met with the Planning-.. Cork ission to
discuss various secti'ans--of the Zoning Ordinance that- were in need of
modification. The most impo`ttan amendment transfer authority to
he _Bnard_of?gn i ng. A -peals to
the Planning Commission. At t#at January- 14 meeting, the Planning
Commission approved a motig, authorize staff to Tie—the necessary text
amendment applicatio deal with this change and to prokeed-._with other
text amendmen oposals as time and work load allowed. On February 12,
1988, cation #Z88-2 was filed, it was properly advertised and the
c hearing is March 15.
Ampndmpntc
1. Language:
Section 42-597. Board of Zoning Appeals.
(a) Authorization. The Board of Zoning Appeals for the City of
Salina is hereby established in accordance with K.S.A.
12-714.
(b) Membership. The Board shall consist of seven members who
shall be appointed by the Board of Commissioners. All
members shall be residents of the City. None of the members
appointed shall hold any other elected or appointed office
or position in the City government, except that one member
shall be a member of the Planning Commission.
(c) Power and duties. The Board shall have the power to:
(1) Hear and decide appeals where it is alleged there is an
error in any order, requirement, decision or deter-
mination made by the zoning administrator in the
enforcement of the zoning regulations. The Board may
reverse or may modify the order, requirement, decision
or determination and to that end shall have all the
powers of the administrative official from whom the
appeal is taken.
Staff Report
Application #Z88-2
Page 2
(2) Authorize in specific cases a variance from the specific
terms of these zoning regulations which will not be
contrary to the public interest where, due to special
conditions, a literal enforcement of the provisions of
the regulations will result in unnecessary hardship for
the applicant. The Board shall be limited to granting
variances on matters including, but not limited to,
building height, setbacks, lot size and lot coverage, as
provided by the zoning regulations. A request for a
variance may be granted after a public hearing upon a
finding by the Board that all of the following condi-
tions have been met:
a. The variance requested arises from such condition
which is unique to the property in question and
which is not ordinarily found in the same zone or
district, and is not created by an action or
actions of the property owner or applicant.
b. The granting of the permit for variance will not
adversely affect the rights of adjacent property
owners or residents.
C. The strict application of the provisions of the
zoning regulations from which the variance is
requested will constitute an unnecessary hardship
upon the property owner represented in the
application.
d. The variance requested will not adversely affect
the public health, safety, morals, order,
convenience, prosperity, or general welfare.
e. Granting the variance desired will not be opposed
to the general spirit and intent of the zoning
regulations.
(3) In permitting a variance, the Board may impose
appropriate conditions and safeguards including but not
limited to planting screens, fencing, construction
commencement and completion dates, lighting, road access
restrictions, parking requirements or any other
requirement which the Board deems appropriate under the
circumstances, upon a finding that they are necessary
to fulfill the purpose and intent of the zoning
regulations.
(4) The Board is not authorized to issue the following
types of variances:
Staff Report
Application #Z88-2
Page 3
a. A variance which would allow a use not otherwise
permitted in the zoning district.
b. A variance to a zoning ordinance definition.
C. A variance to expand or enlarge a nonconforming
use.
d. A variance that would increase residential density
above the maximum allowed in a zoning district.
e. A variance that would create a zero lot line
setback.
f. A variance to the owner of a substandard lot where
such lot was created in violation of the zoning
regulations.
g. A variance that would increase the number of
permitted signs on a zoning lot.
(d) Commencement of proceeding before the Board
(1) Appeals.
a. By whom: Appeals to the Board may be taken by any
person aggrieved, or by any officer, department, or
Board of the City, or any governmental agency or
body affected by any decision or interpretation of
the zoning administrator. Such appeal shall be
filed with the secretary of the Board within thirty
(30) days from the date of the decision by the
zoning administrator, and such appeal shall specify
in writing the grounds for appeal of the admini-
strator's decision. The zoning administrator, when
notified by the Board of Zoning Appeals, shall
transmit to the Board all the papers constituting
the record upon which the action appealed from
was taken, within the time period established
by the rules of the Board.
b. Effect of Appeal: An appeal stays all proceedings
in furtherance of the action appealed from,
including a permittee's right to proceed with
development or other activities under a building
permit, the issuance of which is a subject of the
appeal.
Staff Report
Application #Z88-2
Page 4
(2) Variances.
Any person may apply to the Board for a variance
by filing an application with the Secretary of the
Board.
The application shall include the following:
a. The name, address, telephone number and
signature of the property owner and applicant.
b. The name and address of the architect,
professional engineer or contractor, if any.
C. A site plan of the property showing the
following:
1. Property lines of the subject property
2. Size and location of existing structures
and the distance between all existing
and proposed structures on the property.
3. Setbacks for all existing and proposed
structures on the property.
4. Any other dimension and/or information
that may be relevant to the request.
d. A survey or verification that property and
structure dimensions on the site plan are
correct.
e. The names and addresses of the record owners
of all property adjoining the property in
question.
f. A narrative statement of how the statutory
requirements in K.S.A. 12-715 are met.
(3) Representation.
An applicant must appear in person at the public
hearing, or be represented by an agent or attorney,
in order for the Board to act on the application.
Staff Report
Application: #Z88-2
Page 5
(e) Written decisions. The Board shall render its decision and
findings in writing within 30 days of the conclusion of the
hearing. Decisions shall be filed in a public office
designated by the Board of commissioners and shall be a
public record.
(f) Dissatisfaction with the determination of the Board. Any
person, official or governmental body dissatisfied with any
order or determination of the Board of Zoning Appeals may
bring an action in district court to determine the
reasonableness of any such order or determination.
Section 42-597.1. Administrative variance.
(a) Authorization. If an applicant's variance request
is within 15% of the numerical requirements of the
zoning regulations, the applicant may apply for an
administrative variance from the zoning administrator.
In order to grant such a variance, the zoning admini-
strator shall use the same criteria as the Board of
Zoning Appeals. The applicant must demonstrate that
his application satisfies the statutory requirements of
K.S.A. 12-715, and in addition, an administrative
variance can only be granted with the consent of
adjoining property owners.
(b) Application procedure. An application for an admini-
strative variance shall be filed with the office of the
zoning administrator. The application submission
requirements shall be the same as for a variance request
to the Board of Zoning Appeals, with the following
additional requirements:
(1) After a completed application is submitted, the
zoning administrator shall prepare a signature
sheet and map of adjoining properties for the
applicant.
(2) The applicant must obtain the signatures of all
property owners listed on the sheet.
(3) After return of the completed signature sheet, the
zoning administrator may issue a certificate for
an administrative variance if it meets the required
statutory conditions.
(c) Appeals to the Board of Zoning Appeals. If an adjoining
property owner refuses to sign the signature sheet or if
Staff Report
Application #Z88-2
Page 6
the zoning administrator refuses to grant an .admini-
strative variance request, the applicant may still make
application to the Board of Zoning Appeals for the
variance.
2. Language:
Sec. 42-597.2 Conditional Use Permits.
(a) Authorization. It is recognized that certain uses may
be desirable when located in the community, but that
these uses may be incompatible with other uses permitted
in a zoning district and may possess characteristics of
such unique and special nature relative to location,
design, size, method of operation, circulation and
public facilities that each specific use must be
considered individually. Therefore, the Planning
Commission may authorize, as an exception to the
provisions of this chapter, the establishment of those
conditional uses that are expressly authorized to be
permitted as a conditional use in a particular zoning
district or in one or more zoning districts. No
conditional use shall be authorized as an exception to
this chapter unless the Planning Commission is
specifically authorized by this chapter to grant such
conditional use and unless such grant complies with all
the applicable provisions of this chapter.
(b) Application for Conditional Use Permit. An application
for a Conditional Use Permit shall be filed with the
office of the zoning administrator who shall forward a
copy to the Secretary of the Planning Commission. The
application shall contain the following information:
(1) The name, address, telephone number and signature
of the property owner and applicant.
(2) The name and address of the architect, professional
engineer or contractor, if any.
(3) Description of existing use and/or zoning.
(4) A narrative description of the proposed conditional
use.
(5) A site plan of the property showing the following:
a. Property lines and building setbacks of the
subject property.
Staff Report
Application Z88-2
Page 7
b.
Size and location of
all existing
and proposed structures on
the property.
C.
Parking and loading areas.
d.
Vehicular access and circulation.
e.
Existing and proposed signs.
f.
Refuse and service areas.
g.
Utilities and drainage ways.
h.
Open spaces, landscaping,
screening and
fencing.
i.
Such other information as
the Planning
Commission may require to determine
if the
proposed Conditional Use meets
the intent and
requirements of this chapter.
(6) A survey or verification that property and
structure dimensions on the site plan are correct.
(7) The names and addresses of the record owners of
all property located within 200 ft. of the property
in question.
(c) Hearing on Conditional Use Permits. A public hearing
on the Conditional Use Permit application shall be held
and notice thereof given as provided in K.S.A. 12-708
and Section 42-24 of this chapter.
(1) Review. The Planning Commission shall review all
applicable evidence regarding the site, existing
and proposed structures, neighboring uses, parking
areas, driveway locations, street access, traffic
generation and circulation, utilities, drainage,
the proposed operation, and such other evidence as
deemed appropriate.
(2) Standards. The Planning Commission shall not
grant a Conditional Use Permit unless it shall, in
each specified case, make specific written findings
of fact directly based upon the particular evidence
presented to it, that support all of the following
conclusions:
a. The proposed conditional use complies with
all applicable regulations of this chapter,
including lot size requirements, bulk
regulations, use limitations, and performance
standards;
b. The proposed conditional use at the specified
location will contribute to and promote the
welfare or convenience of the public;
Staff Report
Application #Z88-2
Page 8
c. The proposed conditional use will not cause
substantial injury to the value of other
property in the neighborhood in which it is
to be located;
d. The location and size of the conditional use,
the nature and intensity of the operation
involved or conducted in connection with it,
and the location of the site with respect to
streets giving access to it are such that the
conditional use will not dominate the
immediate neighborhood so as to prevent
development and use of neighboring property
in accordance with the applicable zoning
district regulations. In determining whether
the conditional use will so dominate the
immediate neighborhood, consideration shall
be given to:
i. The location, nature and height of
buildings, structures, walls and fences
on the site; and
ii. The nature and extent of landscaping and
screening on the site.
e. Off-street parking and loading areas will be
provided in accordance with the standards set
forth in Article XI of this chapter, and such
areas will be screened from adjoining
residential uses and located so as to protect
such residential uses from any injurious
effect;
f. Adequate utility, drainage, and other such
necessary facilities have been or will be
provided;
g. Adequate access roads or entrance and exit
drives will be provided and shall be so
designed to prevent traffic hazards and to
minimize traffic congestion in public streets
and alleys.
(3) Conditions. In granting a Conditional Use Permit,
the commission may impose appropriate conditions
and safeguards including but not limited to
planting screens, fencing, construction commence-
Staff Report
Application #Z88-2
Page 9
ment and completion dates, lighting, operational
controls, duration of a use, improved traffic circu-
lation, access restrictions, parking requirements,
drainage facilities or any other requirement which
the commission deems appropriate upon a finding that
they are necessary to fulfill the purpose and intent of
this chapter.
(d) Appeal to City Commission. An applicant who is
dissatisfied with the decision of the Planning
Commission may appeal the decision to the City
Commission, provided the appeal is submitted in writing
to the office of the zoning administrator within
fourteen (14) days from the Planning Commission's
action. Upon receipt of an appeal from the action of
the Planning Commission, the City Commission shall set
a hearing date to consider all information, testimony
and minutes of the Planning Commission's public hearing
to reach a decision on the applicant's request. The
City Commission may affirm the decision or return the
application to the Planning Commission for further
consideration together with a statement specifying the
basis for their disagreement. Upon receipt of a second
decision from the Planning Commission, the City
Commission may affirm, modify or overrule the decision
of the Planning Commission. The City Commission shall
only overrule the Planning Commission by a favorable
vote of a majority of the full City Commission.
(e) Protest. Affected property owners shall have the same
right to present a protest petition to the City
Commission as property owners in rezoning cases. The
protest procedure shall be as provided in K.S.A. 12-708
and Section 42-26(b) of this chapter.
(f) Period of validity. No Conditional Use Permit granted
by the Planning Commission shall be valid for a period
longer than one hundred eighty (180) days from the date
in which the Planning Commission grants the conditional
use, unless within such one hundred eighty (180) day
period:
1. A building permit is obtained and the erection or
alteration of a structure is started; or
Staff Report
Application #Z88-2
Page 10
2. An occupancy permit is obtained and a used
commenced.
The Planning Commission may rant one extension not
exceeding one hundred eighty ?180) days, upon written
application, without notice or hearing.
3. Language:
Sec. 42-599. Violations and penalties.
(a) Complaints of violations.
Any person may file a written complaint with the Zoning
Administrator of an alleged violation of these
regulations stating fully the causes and basis for such
violation. The Zoning Administrator shall record such
complaint, investigate it, and take appropriate action
as necessary.
(b) Notification
Whenever the Zoning Administrator has determined that
any of the provisions of the regulations have been or
are being violated, he shall notify in writing the
person responsible for such violation, indicating the
nature of the violation and ordering the action
necessary to correct it. The Zoning Administrator may
order:
1. Discontinuance of any illegal use of land,
buildings, or structures;
2. Removal of illegal buildings, structures or any
additions or alterations thereto;
3. Discontinuance of any illegal work being done; or
4. Take any other appropriate action authorized by
these or any other applicable regulations to put an
end to such violation.
(c) Penalties.
Any person, firm, or corporation who shall violate
any of the provisions of these regulations or fail
to comply with any order or regulation, or who shall
build in violation of any specifications or plans
Staff Report
Application #Z88-2
Page 11
submitted and approved, or any certificate or permit
issued thereunder, shall, for each and every violation
and non-compliance respectively be deemed guilty of a
misdemeanor. Upon conviction therefor, the person,
firm, or corporation shall be fined in a sum not less
than fifty dollars ($50) nor more than five hundred
dollars ($500) for each offense. Each and everyday a
violation is permitted to exist after notification
thereof shall be deemed a separate offense.
(d) Remedies.
In the event that any building, structure or sign is
constructed, reconstructed, relocated, or maintained;
or any building, structure, sign or land is used in
violation of these regulations, an appropriate action
or proceeding in law or equity may be instituted in the
name of the City of Salina, to prevent such unlawful
development, construction, reconstruction, alteration,
relocation, maintenance or use, or to restrain, abate,
enjoin or correct such violation, to prevent the
occupancy of such building, structure or land or to
prevent any illegal acts, conduct, business or use in
and about the premises. These remedies shall be in
addition to the penalties in subsection (c) above.
4. Language:
Sec. 42-552(e)(2) Surfacing. All open off-street parking areas and
access drives shall be surfaced with a permanent asphalt or concrete
pavement meeting standards and specifications of the City. Existing
off-street parking areas not in compliance with this surfacing standard
must be brought into compliance with this standard if there is:
a. A change in use to a more intensive occupancy group as per
the adopted building code;
b. A change in use which requires additional off-street parking;
c. An expansion or modification of the structure which requires
additional off-street parking;
d. Or in any event, within five (5) years from the effective
date of this amendment.
This surfacing requirement shall not apply to access drives and
off-street parking spaces serving single family dwellings or any
permitted use in the A-1, RS, R, R-1, I-2, or I-3 zoning district.
Such drives and parking spaces shall be graded, drained and improved
with gravel or other all-weather material.
Staff Report
Application #Z88-2
Page 12
5. Language:
Sec. 42-347. Permitted uses.
Permitted uses in I-1 district are as follows:
(1) Adding machine manufacture;
(2) Armories;
(3) Artificial flower manufacture;
(4) Automobile rental agency;
(5) Automotive parts, wholesale;
(6) Bakery, wholesale;
(7) Beverage manufacturing and bottling works (excluding malts and
spirits);
(8) Bicycle manufacture;
(9) Blueprinting and photostating;
(10) Book publishing;
(11) Boot and shoe manufacture;
(12) Broom manufacture;
(13) Business, professional and administrative offices;
(14) Cabinet maker;
(15) Candy manufacture;
(16) Cap and hat manufacture;
(17) Carpenter shop;
(18) Carpet cleaning;
(19) Cleaning and pressing;
(20) Clock factory;
(21) Clothing manufacture and assembly;
(22) Coffin manufacture;
(23) Cold storage warehouse;
(24) Commission house;
(25) Condensed milk manufacture;
(26) Cosmetic manufacture;
(27) Dental laboratory;
(28) Drug manufacture;
(29) Dry cleaning;
(30) Drygoods, wholesale;
(31) Dyeing and cleaning;
(32) Electrical repair;
(33) Electrical sign manufacture;
(34) Electronic parts and supplies;
(35) Envelope manufacture;
(36) Equipment sales and rental, except heavy construction equipment;
(37) Express storage and delivery station;
(38) Frozen food lockers;
(39) Fruit and vegetable drying;
(40) Fur warehouse;
Staff Report
Application #Z88-2
Page 13
(41) Furniture warehouse/storage;
(42) Garden stores, greenhouses and nurseries;
(43) Grocery store, wholesale;
(44) 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;
'45
46,
`48
49
'50
`51
'52
53
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55'
'56'
57'
'581
59'
'60'
61
'62
63'
64'
65
66;
67;
68;
69;
70;
71;
72;
73;
74;
75;
76;
77;
78;
79;
80,
81;
82;
83;
84;
85;
86;
87;
Gymnasium equipment manufacture;
Hat cleaning;
Jewelry manufacture;
Knit goods manufacture;
Laboratories;
Laundry;
Limb (artificial) manufacture; (prosthesis manufacture);
Looseleaf book manufacture;
Mattress manufacture;
Medicine manufacture;
Milk bottling plant;
Millinery making;
Mineral distillation and bottling;
Moving company, with storage facilities;
Newspaper offices and printing;
Office equipment and supply manufacture;
Office equipment and supply wholesale;
Optical goods manufacture;
Organ manufacture;
Paper products manufacture;
Pencil factory;
Perfumery;
Pharmaceutical products manufacture;
Phonograph manufacture;
Photo engraving company;
Piano manufacture;
Popcorn factory;
Printing plants;
Produce warehouse;
Public utility plants and services, including
Publishing company;
Pump station;
Radio and television broadcasting stations;
Radio and television repair shops;
Radio manufacture;
Recording studios;
Relay station (radio, television, etc.);
Research facilities;
Saddle manufacture;
Sign painting;
Small animal hospitals;
Soap manufacture;
Soda water manufacture;
substations;
Staff Report
Application #Z88-2
Page 14
(88) Sporting goods manufacture;
(89) Stair manufacture;
(90) Storage warehouse;
(91) Tailor shop;
(92) Tea and spice packing;
(93) Television aerials (classed with building to which attached);
(94) Television manufacture;
(95) Television sending or relay towers;
(96) Textile manufacture;
(97) Thermometer or thermostat manufacture;
(98) Transfer company, baggage storage;
(99) Trunk manufacture;
(100) Upholstery manufacture;
(101) Wallpaper manufacture;
(102) Warehouse;
(103) Watch manufacture;
(104) Water company appurtenances;
(105) Waterproofing treatment and manufacture;
(106) Wholesale houses;
(107) Wholesale produce storage and market;
(108) Window shade manufacture;
(109) Wirebrush manufacture;
(110) Wood products manufacture;
(111) Woodworking shops;
(112) Woven goods manufacture;
(113) Accessory and temporary uses, as permitted by Article IV of this
chapter;
(114) Signs, as permitted by Article X of this chapter;
(115) Off-street parking and loading, as required by Article XI of this
chapter.
Sec. 42-348. Conditional uses.
Conditional uses in the I-1 district are as follows:
(1) Automobile and truck washes;
(2) Automobile repair (no wrecking yard);
(3) Boat sales, rental and service;
(4) Building materials yard;
(5) Contractor's office and storage yard;
(6) Mini -warehouses;
(7) Pest control and exterminators;
(8) Plumbing shop;
(9) Recreational vehicle rental, sales and service;
(10) Truck terminals;
(11) Welding shop (no salvage yard);
Staff Report
Application #Z88-2
Page 15
6. Language:
Sec. 42-252. Permitted uses.
Permitted uses in the C-1 district are as follows:
(3) 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.
Sections 42-267(12), 42-282(27), 42-302(34), 42-317(32) and
42-332(45) would contain the same amended language for the C-2,
C-3, C-4, C-5 and C-6 district regulations.
P.C. Meeting Oate March 15, 1988 Application No. #Z88-2
Oata Filed February 12, 1988 Filing Fee N/A
Reviewed By Receipt No. N/A
APPLICATION FOR AMENDMENT TO THE ZONING TEXT
SALINA CIT`! PLANNING COMMISSION
The undersigned, being residents of the City of Salina, Kansas, do hereby apply
to the Salina City Planning Commission for
Amendment of Salina City Zoning Ordinance Article XIII, Administrative Provisions,
by redrafting Section 42-597 to set out the application procedures and requirements
for receiving a Variance from the Board of Zoning Appeals, by amending Section
42-597 to transfer Conditional Use Permit authority from the Board of Zoning
Appeals to the Planning Commission and by amending Section 42-599 to establish
a written complaint procedure for zoning violations.
Amendment of Article XI, Off-street Parking and Loading, by amending Section 42-552
tn ranuire that all ooen off-street parking areas in zones R-2 through I-1 be
surfaced with a permanent asphalt or concrete pavement.
Amendment of Article VI, Division 17, I-1 District Regulations by adding certain
visas to the list of permitted and conditional uses and deleting other uses from
the list -
(Continued on next page.)
Applicant's Name (Print)
Address (Phone)
Signature
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(s) is to be represented by legal counszl or an authorized agent,
please complete the following in order that correspondence and communications per-
taining to this application may be forrsarded to the authorized individual.
Name of Representative
Address
Telephone (Business)
Application #Z88-2
Page 2
Amendment of Section 42-252(3), 42-267(12), 42-282(27), 42-302(34), 42-317(32)
and 42-332(45) by deleting the 4 hour fire wall separation requirement for
group day care centers and adopting the Uniform Building Code standard.
MINUTES
SALINA CITY PLANNING COMMISSION
CITY COMMISSION ROOM
March 15, 1988
4:00 P.M.
MEMBERS PRESENT: Roth, Anderson, Brungardt, Denton, Duckers,
and Presley
MEMBERS ABSENT: Gaines, Morrison and Storey
DEPARTMENT STAFF: Du.dark, Andrew, Peterson and Stock
OTHER STAFF: Greg Bengtson, City Attorney
Dennis M. Kissinger, City Manager
Chairman Roth called the meeting to order at 4:00 p.m.
#1. Approval of the regular minutes of March 1, 1988.
Chairman Roth asked if there were any comments or corrections to the
minutes?
There being no comments or corrections, the minutes were approved as
submitted.
#2. Application #PDD87-4A, filed by Richard W. George.
Mr. Oudark summarized the staff report as contained in the case file. He
stated that this application is a final development plan request for a
planned development district on the corner of Oakdale and Smoky Hill Drive.
The Planning Commission approved the preliminary plan on January 5. The
City Commission concurred on that recommendation on February 1. The purpose
of this application is to convert a six unit, apartment building to a
townhome. No new developments or new additions are anticipated. The final
development plan has been reviewed and staff would recommend the final plan
be approved as it is consistent with the preliminary plan. The applicant
has filed the Articles of Incorporation of the Oakdale Townhomes Homeowners
Association. The application is in order for final approval.
Chairman Roth asked if any members of the commission have a question on the
application?
Mr. Anderson asked if there have been any changes since the preliminary
plan?
Mr. Dudark stated that there has been no changes.
Mr. Presley asked if there have been any neighborhood complaints?
Mr. Dudark stated that we have not received any correspondence or calls.
Chairman Roth asked if the applicant or his representative would like to
comment and if they would state their name and address?
Robert Wasko, 219 North Santa Fe, stated that he had nothing to add but
would be happy to answer any questions.
Chairman Roth asked if there were any interested citizens who would like to
make a comment or questions concerning this application? There being none,
would the commission like to make a motion concerning this application?
MOTION: Mrs. Duckers moved that we approve Application #PDD87-4A to approve a final
development plan.
SECOND: Mr. Presley seconded the motion.
VOTE: The vote was unanimous in favor of the motion (6-0). Motion carried.
Salina City Planning Commission
March 15, 1988
Page 2
#3. Application #Z88-2, filed by the Salina City Planning Commission.
Mr. Dudark stated that in January the staff submitted a memorandum outlining
areas in the zoning ordinance and subdivision regulations which we felt
needed attention. The Planning Commission's consensus at that time was to
have these items come back to you as we had time to develop the written
material and language. This is the first of a series of amendments which we
have divided into six areas. It might be helpful to address these items one
at a time.
Chairman Roth asked Mr. Bengtson if these needed to be moved in relationship
to the wording in the text ordinance?
Mr. Bengtson stated that they should be moved in relationship to the text
ordinance.
Amendment #1
Mr. Andrew summarized the staff report as contained in the case file. He
stated that this is all new language and it outlines the membership of the
commission. The membership will not change but will remain as seven members.
Mrs. Duckers will have dual membership on the Planning Commission and the
Board of Zoning Appeals. The two powers or duties will consist of (1)
hear and decide appeals where it is alleged that there is a disagreement
with the interpretation of the zoning ordinance that we as staff make then
they can appeal that interpretation to the Board of Zoning Appeals and; (2)
authorize variances from setback requirements or other terms of the
ordinance. On Page 2 there are five findings -of -fact that an application
must meet before they can grant a variance. This is also in the state
statute. Section 3 allows the BZA to attach conditions to the variance
relating to various items. Section 4 spells out seven cases of variances
that can not be granted. There is a language change on Page 3, item F.
This should read "A variance to the owner of a substandard lot where such
lot was created in violation of the zoning regulations." in substitution to
"A variance to the owner of a substandard lot where such lot was created by
the deliberate conduct of the applicant".
Mr. Dudark stated that the reason we felt it was inappropriate to say "by
the deliberate conduct of the applicant" is that the violation may have
happened prior to the applicant owning the property by the previous owner.
Mrs. Denton asked if the previous owner had done this, the present owner
still could not get a variance?
Mr. Oudark stated that this is correct.
Mr. Andrew stated that the present owner has a duty to check out what the
zoning requirements are before they try to build a house or purchase a
lot. He stated that it is against the state law for the BZA to grant a
variance that would allow a commercial use in a residential zone or an
industrial use in a commercial zone. The BZA could not change the list of
permitted uses, this could only be changed by the Planning Commission.
Section (d) states who can appeal an action to the Board. If someone
appeals a decision relating to a building permit, no construction can take
place until the BZA meets again. The second section states all the
requirements on a variance application. The BZA has a policy that the
applicant or his representative must appear at the hearing in order for
action to be taken on his application. It would be appropriate to put this
into the ordinance and make it a requirement that the Board could not take
action unless the applicant or representative were there to answer
questions. If someone is dissatisfied with the decision of the BZA his only
alternative would be to file an action in district court.
Mrs. Denton stated that on Page 2, Section 2, it states "The Board shall be
limited to granting variances on matters including, but not limited to," and
stated that she is confused about what they were allowed to grant.
Mr. Oudark stated that this language is very typical. The language "but
not limited to" would mean it could include some other types of variances.
Salina City Planning Commission
March 15, 1988
Page 3
The types of variances that could not be granted are listed in the staff
report. Rather than listing every possible variance, staff listed ones that
are normally encountered but it is not limited to just those.
Mr. Andrew stated that the next section is a new one that we added. It
allows for minor variances and is limited to only minor variances. Instead
of going before the BZA for a formal hearing, they could go to the zoning
administrator or building inspector and fill out a form. If they could get
the signatures of their adjoining neighbors to concur then they could have
their variance granted by the zoning administrator or building inspector.
This would allow them to get their variances quicker. If one neighbor
objected to the granting of the variance, the applicant would have to apply
to the Board of Zoning Appeals for a variance. This is would allow them to
get their variance and building permit and not have the expense of the
hearing.
Chairman Roth asked if their were any questions or discussions on Amendment
#1?
MOTION: Mrs. Denton moved that we amend the text of the zoning regulations in Sec.
42-597 and 42-597.1 with a further modification in Sec. 4, item F, with the
language as corrected; the staffs' report that the change is consistent
with the intent and purpose of the ordinance; this change will not have
a negative impact on the orderly development of the City; and that it will
not be detrimental to, or endanger the public health, safety or general
welfare of the City.
SECOND: Mr. Brungardt seconded the motion.
VOTE: The vote was unanimous (6-0) in favor of the motion. Motion carried.
Amendment #2
Mr. Andrew stated that this would transfer authority from the BZA to the
Planning Commission. The reason is because conditional uses are in the
zoning ordinance like permitted uses listed by zoning district. This really
is more of a zoning issue than a variance. It would be more appropriate to
have the Planning Commission act upon this. The Planning Commission would
be authorized to issue conditional use permits for those conditional uses
that are listed in the ordinance under that particular district. Sec. B
spells out what the requirements are. This section spells out what we need
to see on the site plan so we can properly judge the proposal. We have
modified the existing section and have added a few requirements. Basically,
the Planning Commission would be authorized to issue conditional use permits
for those listed in the ordinance under that particular district. Section B
spells out what the requirements would be in the application. Information
that is required includes a site plan, property owner letters, public
hearings before the Planning Commission, and standards by which the
conditional use permits will be judged.
Mrs. Denton stated that on Page 8, (2) a. states that all applicable
regulations of this chapter, including lot size requirements, bulk
regulations, use limitations, and performance standards have been met.
Does this mean they could not apply for variances or be planning to apply
for variances from these things that they are trying to get a conditional
use permit for?
Mr. Andrew stated that for a conditional use permit they would have to
comply with what the setbacks are for that zone. The conditional use permit
would not allow them to be flexible in terms of reducing setbacks or lot
coverage. Requirements could be imposed on a conditional use permit such as
vegetation screens, fencing, lighting restrictions, traffic controls, access
restrictions, and special drainage facilities.
Mr. Dudark stated the reason we have conditional use's is because they are
not automatic, there is a special review required and conditions can be
attached to make the development work better.
Salina City Planning Commission
March 1, 1988
Page 4
Mr. Andrew stated that if an applicant is dissatisfied with the decision of
the Planning Commission then he may appeal the decision to the City
Commission provided the appeal is submitted in writing to the office of the
zoning administrator within fourteen days from the Planning Commission's
action. The City Commission may affirm your decision or return it back to
the Planning Commission with reasons for disagreeing with your recom-
mendation. Upon receipt of a second decision from the Planning Commission,
the City Commission may affirm, modify or overrule the decision of the
Planning Commission. If 20% of the owners of the property disagreed with
the Planning Commission's recommendation they would have a right to file a
protest petition with the City Commission. The City Commission would then
have to approve the conditional use permit by a 4/5 vote.
Mr. Oudark stated that there are a couple of changes in the staff report.
Page 9, (d) the last sentence should read "The City Commission shall only
overrule the Planning Commission by a favorable vote of a majority of the
full City Commission." instead of "by a favorable vote of one-half (1/2)
plus one (1) of the full City Commission." Under (e) on the same page it
should also read "Affected property owners" instead of "Adjacent property
owners".
MOTION: Mr. Presley moved that approve Application #Z88-2, Section 2, with the
corrections as noted by the staff, the proposed amendment is consistent
with the intent and purpose of the Zoning Ordinance; and the proposed
amendment will not adversely affect the orderly development of the City; and
the proposed amendment will not be detrimental to, or endanger the public
health, safety or general welfare of the City.
SECOND: Mrs. Duckers seconded the motion.
Chairman Roth asked if there were any members of the commission who would
like to make a comment? There being none, are there any interested citizens
who would like to address this particular amendment? There being none,
would the commission like to take action?
VOTE: The vote was unanimous (6-0) in favor of the motion. Motion carried.
Amendment 3
Mr. Andrew stated that this section would amend an existing section on
zoning enforcement and it more clearly spells out what the zoning
administrator's options and duties are and what remedies he has when a
zoning violation or complaint is made. The first section states that any
person may file a written complaint with the zoning administrator and state
the basis for such violation. The zoning administrator shall take
appropriate action to remedy the situation. This would require that we
commit a response in writing if we have received a written complaint.
Mr. Peterson stated that we are not going to limit the potential for
anonymous complaints, however, we are trying to provide a written process
for people to utilize if they have a sincere concern about a zoning
violation. The basis behind the complaints sometimes is a concern on our
part. We have had occasion for the complaint to be malicious and erroneous,
and its only purpose was to use us as a tool to create a problem for a
neighboring property. We would like to have another option for people to
utilize which will make a commitment to us if we are going to go out and do
an investigation and essentially "delve" into this topic with their
neighbor, then they can have a certain expectation for us to get back in
touch with them and to notify them and the neighbor of the process, to have
r written procedure which is easier to document, as well as provide them
with specific requirements we have to meet for them.
Mr. Andrew stated that this would require the zoning administrator to notify
the person who is alleged to have committed the violation if he receives a
written complaint and allow the person an opportunity to respond. Section 6
spells out the various things the zoning administrator may order if he
determines something to be illegal. Section C and D spells what the City's
options are. There basically are no changes here. Section D reserves the
remedies for the City to go to court.
Salina City Planning Commission
March 15, 1988
Page 5
Mr. Dudark stated that we have received complaints in this area and notices
of violations and we need to have a procedure for due process. This is the
purpose of this section.
Mr. Andrew stated that there is a change on Page 11, #4. This should read
"Take any other appropriate action authorized by these or any other
applicable regulations to put an end to such violation."
Chairman Roth asked if there were any interested citizens who would like to
address this amendment? There being none, are there any members of the
commission who would like to make a comment? Would the commission care to
take action on this amendment?
MOTION: Mrs. Denton moved that we approve Application #Z88-2, Sec. 42-599 with
the corrections in Sec. 4 inserted and that this amendment is consistent
with the intent and purpose of the Zoning Ordinance; the proposed amendment
will not adversely affect the orderly development of the City; and the
proposed amendment will not be detrimental to, or endanger the public
health, safety or general welfare of the City.
SECOND: Mrs. Duckers seconded the motion.
VOTE: The vote was unanimous in favor of the motion (6-0). Motion carried.
Amendment #4
Mr. Andrew stated that this would be change in our off-street parking
regulations from our current standards. Our current standard requires that
parking areas be paved with an all-weather dustless material. This has been
difficult to define and enforce. In many cases this is not suitable for
high traffic commercial lots or large apartment complexes. This proposal
would state that all open off-street parking areas and access drives shall
be surfaced with a permanent asphalt or concrete pavement meeting the
standards and specifications of the City. The standards would be set by the
City Engineering Department. Existing off-street parking areas that are not
in compliance with the surfacing standard would have to be brought into
compliance if there were any of the four changes listed in the staff report
under Sec. 42-552(e)(2). These conditions would require that existing
parking areas be upgraded to this standard. There is an exeption for all
single family dwellings and other permitted uses in the residential
districts and also the heavier industrial districts. For these districts we
would still require that drives and parking spaces be graded, drained and
improved with gravel or another all-weather material.
Chairman Roth asked if any members of the public would like to make a
comment or address the amendment? Would any member of the commission like
to make a comment or address the amendment?
MOTION: Mrs. Duckers moved that we approve Amendment Sec. 42-552(e)(2) as it is
consistent with the intent and purpose of the zoning ordinance; it will not
adversely affect the orderly development of the City; the proposed
amendment will not be detrimental to, or endanger the public health, safety
or general welfare of the City.
SECOND: Mrs. Denton seconded the motion.
VOTE: The vote was unanimous in favor of the motion (6-0). Motion carried.
Amendment 5
Mr. Andrew stated that many uses are allowed in the I-1 zone. We have
deleted 47 uses that were inconsistent with the purpose of that district
and have shifted 11 uses to conditional uses instead of permitted ones.
Staff eliminated listed uses that were repetitive and those uses involving
noise, dust, heavy truck traffic and outdoor storage that were incompatible
with a light industrial district. We have also added group day care
centers provided they are separate from any commercial or industrial use.
Salina City Planning Commission
March 15, 1988
Page 6
Mr. Dudark stated that we have added 9 other service-oriented uses that are
presently not permitted in I-1 which would be permitted under this
amendment. The purpose is to make I-1 like a district between commercial
and industrial. Presently, it is similar to the I-2 zoning.
Mrs. Duckers asked if the eleven uses that are now conditional were once
part of the 47 permitted uses?
Mr. Dudark stated that they were once permitted.
Chairman Roth asked if there were any members of the public who would like
to make a comment or address this amendment? There being none, do any
members of the commission have a question or would like to take action?
MOTION: Mr. Brungardt moved that we approve Amendment Sec. 42-347 as it is consis-
tent with the intent and purpose of the zoning ordinance; and the proposed
amendment will riot adversely affect the orderly development of the City; and
the proposed amendment will not be detrimental to, or endanger the public
health, safety or general welfare of the City.
SECOND: Mr. Presley seconded the motion.
VOTE: The vote was unanimous in favor of the motion (6-0). Motion carried.
Amendment 6
Mr. Andrew stated that this amendment would remove the zoning ordinance
requirement that group day care centers be separated from any commercial or
industrial use by a four-hour fire wall. We have eliminated this language
and the amended language states that the fire wall separation between group
day care centers and commercial and industrial uses will be determined by
reference to the building code. This will create a more flexible standard.
Chairman Roth asked for any changes to the text as submitted?
Mr. Andrew stated that there are no changes.
Chairman Roth asked for any comments from any members of the corranission?
There being none, would any member of the public like to make a comment or
address the commission? There being none, would the commission, care to
take action?
MOTION: Mr. Presley moved that we approve Amendment Sec. 42-252 as there are no
changes in the text; it is consistent with the intent and purpose of the
Zoning Ordinance; and the proposed amendment will not adversely affect the
orderly development of the City; and the proposed amendment will not be
detrimental to, or endanger the public health, safety or general welfare of
the City.
SECOND: Mr. Brungardt seconded the motion.
VOTE: The vote was unanimous in favor of the motion (6-0). Motion carried.
#5. Amendment of By-laws of the Planning Commission.
Mr. Dudark stated that at our last meeting, the Planning Commission
discussed an amendment to be incorporated into the By-laws. The current
By-laws provide that any amendment must be submitted in writing at the
previous meeting and voted upon at the subsequent meeting. This is to
ratify •the amendment.
MOTION: Mrs. Duckers moved that we approve the amendment to our By-laws as they
relate to the definition of conflicts of interest and the procedures.
SECOND: Mrs. Denton seconded the motion.
Salina City Planning Commission
March 15, 1988
Page 7
VOTE: The vote was unanimous in favor of the motion (6-0). Motion carried.
There being no further business, the meeting was adjourned at 5:05 p.m.
A& I -z
Roy Du,-5ecretary
ATTEST: