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17-10878 Rezone Riker Addition Summary published in The Salina Journal on March Lei _, 2017 Poatcd on the City of Salinn sveb9itr frnm h 1t (19 y , 701 7 ORDINANCE NUMBER 17-10878 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER w 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF 2 SALINA, KANSAS BY PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN THE CITY EFFECTIVE UPON FUTURE CITY COMMISSION APPROVAL OF 6.2 A SITE DEVELOPMENT PLAN MEETING THE REQUIREMENTS OF SALINA CODE SECTION 42-412. U BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Findings. In relation to the following described real estate: East 185 feet of Lot 10 in the Replat of the East Half of Block 10 of the Riker Addition. City of Salina, Saline County, Kansas (the "Property") the Governing Body makes the following findings: 1. All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met; 2. The applicant has a specific redevelopment proposal for the Property; 3. The Planning Commission has determined that a site development plan is needed to ensure that the development will be compatible with surrounding neighborhoods and on February 21, 2017 adopted a motion to recommend approval of Planned C-5 zoning in lieu of the requested rezoning of the Property to "C-5" Service Commercial District, subject to review and approval of the site plan and building elevations at its March 7, 2017 meeting; 4. At its March 7, 2017 meeting, the Planning Commission reviewed the applicant's concept plan submittal and adopted a motion to recommend approval of Planned C-5 zoning for the Property, subject to the condition that a final site plan for the proposed redevelopment site be reviewed and approved by the planning commission prior to issuance of a building permit; 5. The public interest is served by consideration of the rezoning application on the basis of the applicant's concept plan submittal, with the rezoning to be effective upon future review and recommendation by the planning commission and review and approval by the governing body of a site development plan meeting the requirements of Salina Code Sec. 42-412; 6. The eastern portion of Lot 10 is more suitable for commercial redevelopment than residential redevelopment due to its shape and the orientation of the lot toward Ohio Street and existing commercial development and without the inclusion of Lot 10, the proposed redevelopment site would be too narrow (107 ft.) to support a viable commercial redevelopment project and the current R-2 zoning inhibits the redevelopment of the site; 7. The eastern portion of Lot 10 is commercial in character and appearance and is adjacent to existing C-5 zoned property and the requested C-5 zoning would be compatible with the zoning and uses of nearby property, however Planned C-3 zoning would be more consistent with the Neighborhood Center concepts in the Comprehensive Plan than the requested C-5 zoning; U 8. Although this Planned C-3 district is not one (1) acre in size, it is contiguous to a similar district, (C-5 Service Commercial); 9. Planned C-3 zoning would be compatible with adjacent residential property if adequate buffers are provided; 10. Needed public utilities and streets are in place to serve the proposed redevelopment site and full access from and to Ohio is available on Lot 10; and 11. The southern boundary of Lot 10 corresponds with the southern boundary of the Crawford- Ohio Neighborhood Center so the rezoning of the eastern portion of Lot 10 for commercial use is supported by the Future Land Use Plan map and would not be an expansion of the commercial land use area. Section 2. Amendment. DISTRICT "PC-3" PLANNED SHOPPING CENTER DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of District "PC-3" Planned Shopping Center District effective upon planning commission review and recommendation and governing body review and approval of a site development plan meeting the requirements of Salina Code Sec. 42-412. Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the "C-3" Shopping Center District under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the site development plan approved by the governing body, which shall be incorporated as part of this ordinance and kept on file with the zoning administrator and/or city clerk; and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the "C-3" Shopping Center District and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the "C-3" Shopping Center District, except as enumerated in sub-point 2 below. 2. Variations and modifications. Pursuant to Salina Code Sec. 42-410(e), otherwise applicable district regulations shall be varied or modified as follows: None. Modification of these conditions at the request of the owner of the Property shall require amendment of this ordinance. Section 4. Additional conditions. Development and use of the Property shall be subject to the following additional conditions: 1. Any conditions imposed as a result of planning commission review and recommendation and governing body review and approval of the site development plan; and 2. No building permits shall be issued for the Property until the site development plan has been approved by the governing body. Section 5. Revocation and reversion. This rezoning shall be subject to revocation and reversion to the former zoning pursuant to Salina Code Sec. 42-415. Section 6. Repealer. All prior ordinances in conflict herewith as they relate to the Property are repealed. Section 7. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 17-10878 Summary On March 20, 2017, the City Commission passed Ordinance No. 17-10878. The ordinance changes the zoning district classification of the East 185 feet of Lot 10 in the Replat of the East Half of Block 10 of the Riker Addition to PC-3 Planned Shopping Center District. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. Introduced: March 13, 2017 Passed: March 20, 2017 4111111.111 Kay, J. Cr.d for ayor [SEAL] ATTEST: Shed' cks,C City Clerk Certifica f Publication Summary: 111 G• A. Be tir son egal Counsel