15-10814 60-Day Moratorioum on the Painting of Buildings in Lee District ExtensionSummary published in The Salina Journal on
2015.
ORDINANCE NO. 15-10814
AN ORDINANCE DECLARING A 60-DA17 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.
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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
4CC15-8 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 far;ade 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.
Q) On October 5, 2015 the Governing Body determined the public interest to be 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 anN
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
w masonry exterior surfaces and the painting of any exterior surface involving a change of color;
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on any building located within the Lee District and adopted Ordinance Number 15-10806
8 establishing 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.
(k) While the work called for during the initial moratorium is ongoing, additional time is
required to complete the work.
Section 2. Moratorium. The Governing Body hereby establishes an additional 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
IIof 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. 15-10814 Summary
On December 7, 2015 the City Commission passed Ordinance No. 15-10814.
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 %v% w.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.
Introduced:
December 7.
2015
Adopted:
December 7,
2015
CaFrRanchard. Mayor
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Shandi Wicks. CMC, City Clerk
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Certi ti of P lication Summary:
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Cin Attorney
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