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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