17-10909 Rezoning to a Planned Commercial District (Summary published in The Salina Journal on November 30, 2017.)
(Published on the City of Salina's website for a minimum of one week from November 28 to December 12, 2017.)
ORDINANCE NUMBER 17-10909
AN ORDINANCE AMENDING DIVISION 2, ARTICLE VII OF CHAPTER 42 OF THE
SALINA CODE PERTAINING TO REZONING TO A PLANNED COMMERCIAL DISTRICT
BY ADDING SECTIONS 42-409.1 THROUGH 42-409.21 AND REPEALING THE EXISTING
SECTIONS 42-409 THROUGH 42-417.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
o Section 1. New Sections. Division 2, Article VII of the Salina Code is amended by adding sections
42-409.1 through 42-409.21. which sections read as follows:
42-409.1. Purpose.
Planned commercial zoning enables commercial development:
(a) consistent with the comprehensive plan;
(b) based upon innovative and imaginative site planning that may require deviations from the
underlying zoning district regulations;
(c) compatible with surrounding development; and
(d) with minimized adverse impact upon affected public infrastructure.
42-409.2. When required.
(a) Planned commercial zoning is required whenever an owner of property located within a
community center or neighborhood center identified in the comprehensive plan applies for
rezoning from a non-commercial zoning classification to a commercial zoning classification or
from an existing commercial zoning classification to a different commercial zoning
classification.
(b) In the case of any commercial zoning application other than those described in subparagraph (a),
planned commercial zoning may be required at the discretion of the board of commissioners
upon a finding that planned commercial zoning is needed to ensure compatible land use
relationships with surrounding development.
(c) Any reference in this division to an application for rezoning to a planned commercial
classification shall include any such application filed at the discretion of the property owner or
as required under subsection (a) or (b) above.
42-409.3. Site development plan.
A complete, accurate site development plan is critical in fulfilling the purpose of planned
commercial development. City approval of a site development plan must precede the issuance of a
building permit for development of a zoning lot within a planned commercial zoning district. A
building permit for development of a zoning lot within a planned commercial district will be issued
only for work conforming to a city-approved site development plan.
42-409.4. Concurrent or deferred site development plan.
(a) Consideration of an application for planned commercial rezoning and consideration of an
application for approval of a proposed site development plan are related but distinct processes.
(b) In the case of a single-zoning lot development, an applicant may apply for rezoning and either
concurrent or deferred site development plan approval, subject to subsection (d) below.
(c) In the case of a multi-platted lot development, an applicant may apply for rezoning and
concurrent, deferred, or a combination of concurrent and deferred site development plan
approval for each of the platted lots within the development, subject to subsection (d) below.
(d) Upon a finding by the board of commissioners that concurrent consideration of any site
development plan proposed for deferred consideration is a relevant factor in its consideration of
W the rezoning, the board of commissioners may precondition consideration of the rezoning upon
submission of a site plan by the applicant for concurrent consideration, including review and
recommendation by the planning commission.
s 42-409.5. Planned commercial zoning— classifications.
The planned commercial zoning classifications include PC-1, PC-2, PC-3, PC-4, PC-5, PC-6 and
PC-7. The number following the prefix "PC" identifies the underlying commercial zoning
classification.
42-409.6. Planned commercial zoning—permitted and conditional uses.
(a) The permitted uses in a planned commercial district are the same as the underlying commercial
zoning classification, as amended, unless limited by the ordinance approving the planned
commercial district when determined necessary to protect the interests of neighboring property
owners.
(b) The allowed conditional uses in a planned commercial district include any conditional use
approved from among the conditional uses listed for the underlying zoning district, as amended,
either (1) by the board of commissioners as part of the ordinance approving the planned
commercial district or (2) subsequently by the planning commission pursuant to Sec. 42-597.2,
subject to any conditions imposed by the ordinance approving the planned commercial district,
as amended.
42-409.7. Planned commercial zoning—applicable restrictions.
All restrictions applicable to the underlying commercial zoning classification, as amended, apply to
a planned commercial district, unless modified by the ordinance originally approving a planned
commercial district or an ordinance amending the restrictions applicable to that planned commercial
district.
42-409.8. Rezoning to planned commercial — criteria and conditions.
When considering an application for rezoning to a planned commercial district, the planning
commission's recommendation and the board of commissioner's decision will be based upon the
criteria recognized under Kansas law as the permissible criteria for deciding rezoning requests,
including but not limited to the location criteria for the comprehensive plan land use category in
which the property is located and, when determined to be a relevant factor, an approved site
development plan. The planning commission may recommend, and the board of commissioners
may impose conditions of approval of an application for rezoning to a planned commercial district
as will reasonably minimize adverse impacts to surrounding neighborhoods and affected public
infrastructure.
42-409.9. Rezoning to planned commercial— application and process.
The application and process for rezoning property to a planned commercial zoning classification
shall be as set forth in article II of this chapter. In addition, the applicant must specifically identify:
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(a) the zoning classification requested, (b) any area subject to one-hundred-year flooding, and (c)
existing sewers, water mains, culverts, and other underground facilities within the tract (indicating
location, pipe sizes, grades, and manhole locations). In the case of a multi-platted lot development
for which the applicant is not submitting a full site development plan for concurrent consideration
with the rezoning application, the applicant must submit with the rezoning application: (a) a
w boundary survey or a proposed plat or replat of the property that is the subject of the rezoning
application; (b) a preliminary plan depicting proposed streets, ingress and egress points; and (c) a
general plan for site drainage.
42-409.10. Rezoning to planned commercial —ordinance.
U The ordinance approving a planned commercial district shall specify: (a) the boundaries of the
district, (b) the underlying commercial zoning classification, (c) the permitted and conditional uses
allowed within the district, (d) the conditions and restrictions imposed by the board of
commissioners upon the planned commercial district, (e) the extent to which otherwise applicable
district restrictions or regulations have been varied or modified, and (f) when site development plan
approval has been deferred and only when applicable, that the board of commissioners has reserved
its authority to review and approve the site development plan.
42-409.11. Rezoning to planned commercial—zoning map.
When an application for planned commercial rezoning has been approved and the ordinance
amending the zoning map has been published, the zoning map shall be modified to designate the
subject property as rezoned to the applicable planned commercial zoning classification.
42-409.12. Rezoning to planned commercial—amendment.
Amendment of an ordinance approving a planned commercial district shall require the same process
as was required for approval of the ordinance to be amended.
42-409.13. Site development plan —content.
A site development plan must be prepared by a registered architect, engineer, or surveyor at an
appropriate engineering scale at not more than one inch equals one hundred (100) feet. For each lot
proposed to be developed, the site development plan must include all of the following:
(1) Proposed name of the development;
(2) Location by legal description;
(3) Names, mailing addresses, telephone numbers, and email addresses of applicant and plan
preparer;
(4) Date, North arrow, and scale of plan;
(5) Contours at two (2) foot intervals. Any area subject to one-hundred-year flooding shall be
indicated;
(6) The boundary lines of the area included in the site plan; including angles, dimensions and
references to a section corner, quarter corner, or point on a recorded plat;
(7) Existing sewers, water mains, culverts, and other underground facilities within the tract
(indicating location, pipe sizes, grades, and manhole locations);
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(8) Location, arrangement and dimensions of proposed building and structures, together with
related parking and loading areas, entrances, exits, vehicular drives, walkways, landscaping
areas, screening, drainage handling, public streets, and any existing easements;
(9) A schedule indicating total floor area, land area, parking spaces, total estimated employment
on site, building site coverage and any other quantities needed to determine compliance with
this article:
(10) Preliminary sketches of building elevations, depicting the general style, size and exterior
construction materials of the buildings proposed; and
(11) Location, height and type of walls and fences, lighting, signage, and landscape material.
42-409.14. Site development plan — required development standards.
A site development plan must meet all of the following required development standards:
(1) All proposed uses must be either a permitted use or an allowed conditional use as described
in Sec. 42-409.6;
(2) The proposed site development plan must conform with the bulk regulations and use
limitations of the underlying district or as varied or modified by the ordinance approving the
planned commercial district;
(3) The proposed location and arrangement of buildings, trash disposal areas, drive up windows,
off-street parking, loading areas, access drives, lighting, signage, landscaping and screening,
and site drainage must be compatible with adjacent land uses;
(4) Vehicular ingress to and egress from the site and vehicular circulation within the site must
provide for safe, efficient, and convenient movement of traffic, both within the site and on
adjacent roadways;
(5) The proposed site development plan must provide for the safe movement of pedestrians
within the site and along adjacent roadways;
(6) The proposed landscaping component of the site development plan must incorporate
xeriscaping and water conservation principles and a sufficient mixture of grass, trees, and
shrubs within the front yard and buffer yard areas of the site such that the proposed
development will be in harmony with surrounding development and will provide a pleasing
appearance to the public. Any area within the site not used for buildings, structures,
parking, loading or access ways, or other permissible accessory uses must be landscaped
with a mixture of grass, trees, and shrubs from the City's recommended xeriscape plant list;
(7) All outdoor trash disposal areas must be screened; and
(8) Outdoor storage areas must be screened where applicable.
42-409.15. Site Development plan —design guidelines.
A site development plan that includes property located within a community center or neighborhood
center identified in the comprehensive plan shall be evaluated based upon design guidelines,
including whether:
(1) The scale and style of development are compatible with the surrounding development;
(2) Amenities such as public focal points/spaces are included;
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(3) Streetscape and site design are pedestrian oriented both among uses and between uses and
surrounding development;
(4) Pedestrian accessibility and circulation between all sites are incorporated;
(5) Space for multiple tenants and uses in nonresidential buildings is provided;
(6) Quality design and materials are used for all development to encourage long-term
commitment to a location;
(7) The development has a comprehensive urban design scheme; and
(8) Transitions/buffers between centers and less intense adjacent uses and neighborhoods
minimize the impacts of noise, light, traffic, operations, and intensity of the center.
Acceptable buffering can include fencing (stone, wood, or masonry), solid plantings,
berming, or other methods that complement the character of the development.
The body responsible for review and approval of a site development plan (the planning commission,
unless approval authority has been reserved by the board of commissioners) may either deny
approval of a site development plan for not conforming with the design standards outlined above or
precondition approval of a site development plan upon modification of the proposed site
development plan to conform with the design standards.
42-409.16. Site development plan —application.
Consideration of an application for approval of a site development plan shall be commenced upon
the filing of(a) a complete application; (b) a proposed site development plan that includes all of the
categories of information outlined in Sec. 42-409.13; and the applicable fee. The application must
include any requests by the applicant for deviations from the restrictions applicable to the
underlying commercial zoning classification.
42-409.17. Site development plan—concurrent with rezoning application consideration.
Consideration of an application for approval of a site development plan filed concurrently with an
application for rezoning to a planned commercial zoning classification will follow the process for
consideration of the rezoning application and the board of commissioners will be responsible for
review and approval of the site development plan.
42-409.18. Site development plan —deferred application for approval.
The planning commission will be responsible for review and approval of a deferred site
development plan application, unless responsibility for site development plan review and approval
has been reserved by the board of commissioners in the ordinance approving the planned
commercial district rezoning. Consideration of a deferred site development plan application will
proceed as follows:
(1) City staff will review the site development plan for compliance with the comprehensive
plan, ordinances, regulations, and policies;
(2) The site development plan will be scheduled for a public hearing and consideration by the
planning commission on the same schedule, with the same notice requirements, and in the
same manner as its public hearing process set forth in Sec. 42-24, as amended;
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(3) When the planning commission is responsible for review and approval of the site
development plan:
(a) Decision. Following the public hearing it will:
(1) Approve or disapprove the site development plan as submitted; or
(2) Approve the site development plan, subject to specified revisions or conditions.
(b) Appeal by applicant. If the applicant is dissatisfied with the planning commission
decision, the applicant may appeal the planning commission decision to the board of
commissioners by filing a written notice of appeal in the office of the zoning administrator
within fourteen (14) days from the date of the planning commission decision.
(c) Protest and appeal. If the planning commission approves a site development plan and a
protest petition against the site development plan is filed in the office of the zoning
administrator within fourteen days (14) days after the date of the planning commission
decision signed by the owners of record of twenty (20) percent or more of the total real
property within the area required to be notified of the of the proposed site development plan,
excluding streets and public ways and the area subject to the site development plan, the
decision of the planning commission shall be appealed to the board of commissioners and
the site development plan shall not be approved except by at least a three-fourths vote of all
of the members of the board of commissioners.
(4) When the board of commissioners has reserved responsibility for review and approval of the
site development plan:
(a) Planning commission recommendation. Following its public hearing the planning
commission will prepare and transmit to the board of commissioners and to the applicant
its findings and its recommendation to:
(1) Approve or disapprove the site development plan as submitted;
(2) Approve the site development plan, subject to specified revisions or conditions; or
(3) Revise and resubmit the site development plan.
(b) Board of commissioners decision. After the planning commission transmits its findings
and recommendation regarding the site development plan to the board of commissioners,
the board of commissioners may:
(1) Approve the recommendation;
(2) Override the planning commission's recommendation by a two-thirds majority vote
of the membership of the board of commissioners; or
(3) Return such recommendation to the planning commission with a statement
specifying the basis for the city commission's failure to approve or disapprove. If
the board of commissioners returns the planning commission's recommendation, the
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a planning commission, after considering the same, may resubmit its original
recommendation giving the reasons therefore or submit a new and amended
recommendation. Upon receipt of such recommendation, the board of
commissioners, by a simple majority thereof, may adopt or may revise or amend and
adopt such recommendation.
(c) Protest. Whether or not the planning commission recommends approval of a site
development plan, if a protest petition against the site development plan is filed in the
office of the zoning administrator within fourteen days (14) days after the date of the
conclusion of the planning commission public hearing signed by the owners of record of
twenty (20) percent or more of the total real property within the area required to be
notified of the of the proposed site development plan, excluding streets and public ways
and the area subject to the site development plan, the site development plan shall not be
approved except by at least a three-fourths vote of all of the members of the board of
commissioners.
42-409.19. Site development plan — filing, duration, revocation.
A copy of an approved site development plan shall be filed in the office of the zoning administrator.
An approved site development plan shall expire if construction based on a valid building permit has
not commenced within eighteen (18) months from the date of publication of the ordinance
approving the site development plan. Upon written request filed with the zoning administrator prior
to the expiration of an approved site development plan, the board of commissioners may grant an
extension of the time limit for a specified length of time not to exceed one (1) additional year. If
construction has not commenced within the eighteen-month deadline or as extended by the board of
commissioners, the expired site development plan shall be revoked, and no building permits issued
in relation to the subject property unless and until a new site development plan has been approved
by the board of commissioners.
42-409.20. Amendments.
Amendment of an approved site development plan shall require the same process as was required
for approval of the site development plan to be amended.
42-409.21. Minor alterations.
Alterations to an approved site development plan deemed minor by the city manager or the city
manager's designee may be approved at the discretion of the city manager or the city manager's
designee.
Section 3. Repealer. Existing Salina Code Sections 42-409 through 42-417 are repealed.
II
Section 4. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary:
Ordinance No. 17-10909 Summary
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On November 27, 2017, the City Commission passed Ordinance No. 17-10909. The Ordinance
amends the Planned Commercial district regulations in Division 2, Article VII of the Salina
Zoning Ordinance by clarifying when Planned Commercial districts are required, clarifying the
application submittal requirements, allowing for deferred submittal of site plans in Planned
- Commercial districts, authorizing the delegation of site plan review to the Planning
Commission, requiring public hearings and establishing protest petition and appeals processes
w for site plan review and clarifying the zoning status of property after an ordinance rezoning the
y property to a Planned Commercial district is approved and repeals the existing sections of the
- division. 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
0 counsel.
Introduced: November 20, 2017
Pass-.: November 27. 2017
t
`��u•` • - 1•1r
Kaye J. wi1. Mayor
[SEAL]
ATTEST:
,:- l,J(O.t'k
1 Shandi Wicks. CMC. City Clerk
Thepub • Sr. . .mmary set forth above is certified this2.]day of November, 2017.
ii . /'-
G • . 4. son. City Attorney
I
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