13-10705- Void Rezoning Shilling Rd- Ohio Street IntersectionSummary published in the Salina Journal on 12013.
Published on the City of Salina's website from 2013.
ORDINANCE NUMBER 13-10705
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE
NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE
ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR
THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE
PROPER USES THEREOF,
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WHEREAS, all conditions precedent for the amendment of the Zoning District Map and
the rezoning of certain property therein as hereinafter described has been timely complied with, SO
' H NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. That the governing body finds from the evidence presented in relation to
the requested change in zoning district classification:
1. The Schilling Road—Ohio Street intersection is an intersection of two arterial streets which is a
suitable location for commercial development within the context of a neighborhood center.
2. Because of the water line and street improvements recently made on Ohio Street and the
commercial zoning approved on the west side of Ohio Street and the southwest corner of the
Stone Lake Addition, the northwest corner of the subject property is more suitable for commercial
development than continued agricultural use or residential use. The remainder of the property is
suitable for residential development once City water and sewer service are available.
3. The subject site is adjacent to existing PC -5 zoning on the west and north and a change to PC -5
zoning would be compatible with the existing zoning pattern in the west side of Ohio Street. The
Schilling Road ditch serves as a buffer zone between Stone Lake and Schilling Road and the
proposed residential development area.
4. This site is located in a Primary Growth Area for the city and needed public utilities and drainage
timprovements are in place or can be readily extended to serve this 27 acre site.
5. The requested zoning changes would not be a inconsistent or in conflict with the Neighborhood
Center and Residential Suburban designations in the City's Comprehensive Plan.
Section 2. AMENDMENT, DISTRICT "PC -5" PLANNED SERVICE COMMERCIAL
DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as
a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby
amended so that the following described property be rezoned as follows, to -wit:
Lot 1, Block 1, of the Ryan Addition to the City of Salina, Saline County, Kansas.
Section 3. CONDITIONS OF APPROVAL. The development and use of said described
property shall be subject to all the conditions, restrictions and limitations as made and provided for in
Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to the "C-5",
SERVICE COMMERCIAL DISTRICT regulations. Development of the property shall be subject to the
preliminary plans on file with the City Planning Commission and/or City Clerk and the following
conditions:
1. Development of Lot 1, Block 1 shall be limited to apparel stores; appliance stores; sales and
service; automobile sales, indoor sales office only; automotive parts; banks and financial
' institutions; barber shops; beauty shops; bicycle shops; boat sales; indoor sales office only;
bookstores; business and professional offices; camera and photographic supply stores; carpet
and rug stores; car washes; china and glassware stores; churches; chapels, temples; synagogues;
cathedrals and shrines; contractor's offices, not including outdoor storage yards; convenience
stores, with or without car wash; florist shops; food stores and delicatessens; furniture stores;
garden stores, indoor display and sales only; gasoline service stations; gift and souvenir shops;
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; hardware
stores; hobby shops; hotels and motels; jewelry stores; leather and luggage stores; medical and
dental clinics; music stores and musical instrument sales and repair; newsstands; office
equipment and supply; optical sales; package liquor stores; paint and wallpaper stores;
pharmacies; pet stores; radio and television sales and service; restaurants, including drive-in
establishments, serving food or beverages to customers for consumption on the premises or in
parked motor vehicles; self-service laundry and dry cleaning establishments; service and
fraternal clubs and lodges; small animal hospitals; sporting good stores; truck sales, indoor sales
office only; variety stores; YMCA, YWCA, and other similar organizations; accessory and
temporary uses, as permitted by Article IV of Chapter 42; signs as permitted by Article X of
Chapter 42; off-street parking and loading, as required by Article XI of Chapter 42, and shall be
subject to all bulk, use and signage limitations of the C-3 (Shopping Center) district.
2. A final site development plan for Lot 1, Block 1 shall be approved by the Planning Commission
prior to issuance of any building permits on the lot.
3. Development of Lot 1, Block 1 including landscaping and signage, shall substantially conform
to the approved site development plan and landscaping plan for the lot.
Section 4. AMENDMENT, DISTRICT "R-1" SINGLE FAMILY DISTRICT. That the
Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance
Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the
following described property be rezoned as follows, to -wit:
Lots Two (2) through Thirty -One (31), Block One (1), Lots One (1) through Twelve (12),
Block Two (2), Lots One (1) through Twenty-six (26), Block Three (3) and Lots One (1)
through Thirteen (13), Block Four (4) in the Ryan Addition to the City of Salina, Saline
County, Kansas.
shall become part of DISTRICT "R -I" SINGLE FAMILY RESIDENTIAL DISTRICT.
Section 5. That all prior ordinances in conflict herewith as they relate to the above described real
estate are hereby repealed.
Section 6. Summary of ordinance for publication. This ordinance shall be published by the
following summary:
Ordinance No. 13-10705 Summary
On , 2013, the City of Salina, Kansas, passed Ordinance No. 13-10705. The
ordinance changes the zoning district classification of property located at the southeast
corner of Schilling Road and South Ohio Street to PC -5 (Planned Service Commercial)
and R-1 (Single -Family Residential) to allow development of a new subdivision for
single-family homes with a 3 acre commercial lot at the corner. A complete copy of the
ordinance is available at www.salina-ks.aov or in the office of the city clerk, 300 W.
Ash Street, free of charge. This summary is certified by the city attorney.
Section 7. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
(SEAL)
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
Introduced: September 9, 2013
Passed: Upon final platting of the property
VOID
Barbara V. Shirley, Mayor