12-6935 Hospice Facility Conditional Use PermitRESOLUTION NUMBER 12-6935
A RESOLUTION GRANTING AN AMENDED CONDITIONAL USE PERMIT TO
SALINA REGIONAL HEALTH CENTER, DESIGNATED CONDITIONAL USE PERMIT
NUMBER CU 03-213, AS PROVIDED AND ALLOWED BY SECTION 42-597.2 OF THE CITY
Z CODE OF THE CITY OF SALINA, KANSAS.
WHEREAS, the Salina Regional Health Center has submitted an Application for an amended
' Conditional Use Permit designated Application No. CU 03-213, on or about March 14, 2012 that would
change the use of a property used solely for hospice care to one of a mixed use of hospice and outpatient
mental health care; and
WHEREAS, pursuant to City Code Section 42-597.2 the Application was placed before the
Salina Planning Commission, wherein the same was denied on or about April 17, 2012, a timely appeal
followed, and, after appropriate hearings before both the City Commission and the Planning
Commission the matter was set before the City Commission for final determination on or about
September 17, 2012; and
WHEREAS, after review of the submissions of the applicant, City staff and interested parties,
along with public hearing wherein the applicant, City staff and interested parties were heard as to the
matter. SO NOW, THEREFORE,
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas, that the City that
Conditional Use Permit Application CU 03-2B of the Salina Regional Health Center is hereby
approved, in accordance with the conditions set forth in this Resolution, and based upon the findings of
fact and conclusions of law noted herein:
The affected property is legally described as:
' Lots 1, Block 1 in the Replat of Lots 1-14, Block 1 of the Replat of River Meadows Addition to
the City of Salina, Kansas.
Approval is subject to the following conditions and/or restrictions:
The operating hours of the facility shall be 8:00 o'clock a.m. to 8:00 o'clock p.m.
Monday through Friday.
2. The size of the facility shall be limited to the existing 16,000 square foot building
footprint.
The facility shall be limited to a single story plus basement and no changes to the
existing residential design and appearance or to the exterior building materials shall be
permitted.
4. Use of the facility shall substantially conform to the final site development plan,
landscape plan, and lighting plan approved by the City Commission on March 22, 2004
and the revised floor plan, parking plan and signage plan presented by the Salina
Regional Health Center as part of their amended Conditional Use Permit application.
No modifications to the floor plan that would result in the elimination of the hospice
facility from the building may occur without approval to an amended Conditional Use
' Permit by the Planning Commission following notification of neighboring property
owners and a public hearing.
5. This Conditional Use Permit is predicated on continued hospital ownership and use and
is not transferable to a non -hospital owner.
6. That if there is a continual gathering of persons smoking cigarettes outdoors as a result
of the addition of Veridian Behavioral Health to the Hospice facility and this becomes
an issue for property owners on Holly Lane, Salina Regional Health Center agrees it will
construct a shielded smoking shelter that conforms to City Code requirements.
Approval is based upon the following findings of fact and law:
The planned Conditional Use aids the public welfare by providing necessary mental
health services in an environment conducive to the needs of the applicant's patients.
The applicant has brought forward many in the Salina community that have been
aided by the services that the applicant would provide, and this gain to public health
outweighs any loss in value to the property of others.
a 2. The City Commission has considered evidence of the possible loss in value to
8 surrounding landowners and others in the area. Due to the withdrawal of certain
objections and evidence of value of property in the area, it is determined that the loss
in value to property from the CUP would be minimal, and would not outweigh the
benefit to the City.
3. The City Commission concurs with the findings of City Staff that:
a) The proposed Conditional Use Permit amendment and plan complies with all
applicable Zoning Ordinance requirements in the R zoning district, including
off-street parking.
b) The proposed conditional use in this location will contribute to the welfare and
convenience of the public.
C) The proposed change in use will not cause substantial injury to the value of other
property in the neighborhood because the only resident owners on Holly Lane
have withdrawn their objections subject to certain conditions and no evidence
was provided of reduction of property values in the Victoria Heights
Subdivision.
d) Adequate off-street parking, an additional 33 spaces, will be provided to serve
Veridian's use of the facility.
e) Adequate utilities, drainage and other necessary facilities are in place to serve
the proposed use.
f) Adequate access drives are available on the Hospice site. Although it is
projected that Veridian's operations would add 60-80 additional vehicle trips per
day on Holly Lane, those trips will not overload the capacity of the street. Ofthe
18 accidents reported on East Crawford over the past 3 years only 2 were at the
Holly Lane intersection and they were both rear end accidents on Crawford, so
there is no evidence that the Holly Lane — Crawford Street intersection is
unusually hazardous.
Adopted by the Board of Commissioners and signed by the Mayor this 24`h day of September, 2012.
M. Jo&jngs, Mayor
Lieu Ann Elsey, CMC,(C�ty Clerk