15-10806 60-Day Moratorium on Painting of Buildings in Lee Districtu
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Summary published in The Salina Journal on October _]_, 2015.
Published on the City of Salina website from October 20, 2015.
ORDINANCE NO. 15-10806
AN ORDINANCE DECLARING A 60 -DAY MORATORIUM ON THE PAINTING OF
CURRENTLY UNPAINTED MASONRY EXTERIOR SURFACES AND THE
PAINTING OF ANY EXTERIOR SURFACE INVOLVING A CHANGE OF COLOR,
ON ANY BUILDING LOCATED WITHIN THE LEE DISTRICT.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Findings. The Governing Body makes the following findings:
(a) Article X, Chapter 2 of the Salina code addresses the responsibilities of the Design
Review Board ("DRB") and city staff in the protection and enhancement of the exterior
appearance of property located within the Salina Business Improvement District Number 1,
commonly referred to as the "Lee District," by review, consideration, and potential approval of
a required "certificate of compatibility."
(b) Salina Code Sec. 2-208 provides for the approval and amendment by resolution of the
governing body of Design Guidelines for Downtown Salina.
(c) Resolution No. 08-6480 adopted by the Governing Body on January 14, 2008, adopted
the current Design Guidelines for Downtown Salina.
(d) Salina Code Sec. 2-209 provides for the approval and amendment by resolution of the
governing body of a Design Review Board matrix identifying whether projects are to undergo
DRB consideration or staff administrative consideration of the issuance of a certificate of
compatibility.
(e) Resolution No. 08-6481 adopted by the Governing Body on January 14, 2008 adopted
the current Design Review Board matrix.
(f) On August 14, 2015, the owner of 104 North Santa Fe ("Owner"), filed Application
#CC15-8 requesting a certificate of compatibility to allow the replacement of the existing Santa
Fe storefront awnings and the painting of the two-story Santa Fe brick masonry fagade of the
building located within the Lee District.
(g) At a meeting of the DRB on August 28, 2015, the DRB (1) made its findings and
conditionally approved the awning replacement and (2) postponed consideration of the
proposed fagade painting to its September 10, 2015 meeting to allow for exploration of
alternatives to the painting of brick and mortar.
(h) At a meeting of the DRB on September 10, 2015, the DRB approved the repainting of
painted brick on the rear fagade of the building, but made its findings and denied the request to
paint the currently unpainted brick front .fagade of the building as an unjustified exception to
the Design Guidelines for Downtown Salina.
(i) A letter dated September 23, 2015 from legal counsel for the Owner to City Planning
staff advised the City of the Owner's position that because the exterior painting proposed by the
Owner does not require a building permit, the approval of the DRB is not required.
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0) The public interest is served by a moratorium of a duration limited to the time required
for the Governing Body to (1) seek legal review; (2) seek input from relevant advisory boards
and the public; and (3) make any necessary policy determinations clarifying the application of
the requirements of Article X, Chapter 2 of the Salina Code and the adopted Design Guidelines
for Downtown Salina to the subject application and other future applications relating to the
painting of currently unpainted masonry exterior surfaces and the painting of any exterior
surface involving a change of color, on any building located within the Lee District.
Section 2. Moratorium. The Governing Body hereby establishes a 60 -day
moratorium on the painting of currently unpainted masonry exterior surfaces and the painting
of any exterior surface involving a change of color for which a certificate of compatibility has
not been issued, on any building located within the Lee District.
Section 3. Stop Work Orders. Whenever any work is being done contrary to the
provisions of this ordinance, the building official may order the work stopped by notice in
writing served on any person involved in the performance of such work or the owner of record
of the property. Any such person or owner of record shall immediately stop such work and shall
not resume work until the building official has determined that the project is in compliance with
any applicable requirements of this ordinance.
Section 4. Summary of Ordinance for Publication. The City Clerk is directed to
publish a summary of this ordinance in the official city newspaper in the following format:
Ordinance No. 15-10806 Summary
On October 5, 2015, the City Commission passed Ordinance No. 15-10806. The
ordinance establishes a moratorium on the painting of currently unpainted
masonry exterior surfaces and the painting of any exterior surface involving a
change of color, on any building located within the Lee District. A complete
copy of the ordinance is available at www.salina-ks.gov or in the office of the
city clerk, 300 W. Ash Street, free of charge. This summary is certified by the
city attorney.
Section 5. Effective Date; Term. This ordinance shall be in full force and effect from
and after its adoption and publication by summary once in the official city newspaper and shall
remain in full force and effect for a period of 60 days thereafter, unless further extended by
ordinance.
[SEAL]
ATTEST:
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Shandi Wicks, CMC, City Clerk
Introduced: October 5, 2015
aAdo7R.B er 5, 2015
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laayor
Certification of Publication Summary:
A. J'engtson, City Attorney