18-10940 PC-3 Zoning - E Crawford-Lewis-Ohio Ingermanson (Mokas) Summary published in The Salina Journal on June 1'1 , 2018
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ORDINANCE NUMBER 18-10940
AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER
E 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF
SALINA, KANSAS BY PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY
AND APPROVAL OF A SITE DEVELOPMENT PLAN IN ACCORDANCE WITH SALINA
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B CODE SECTIONS 42-409.1 THROUGH 42-409.21.
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BE IT ORDAINED by the Governing Body of the City of Salina. Kansas:
Section 1. Findings. In relation to the following described real estate:
Lots 1, 2, 3. 4 and 5, less the North 3 ft. of Lots 2 and 3, in the Replat of the West Half of
Block 10 of the Riker Addition and Lot 6, less a 44 ft. x 5 ft. tract in the southeast corner of
Lot 6 and the \Vest 96 ft. of Lots 9 and 10 in the Replat of the East Half of Block 10, Riker
Addition to the City of Salina. Saline County, Kansas (the "Property")
the following findings support PC-3 zoning for the site:
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. Section 42-409.2 of the Salina Code states that 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;
3. The existing C-5 zoning is compatible with the zoning and uses of nearby property;
however Planned C-3 zoning would be more consistent with the Neighborhood Center
designation for the property in the Comprehensive Plan than the existing C-5 zoning;
4. The Property, except for the southern 65 ft, is already zoned commercial (C-5) and the
requested PC-3 zoning district would be a down-zoning, reducing any negative impacts
the Property may have on the surrounding area;
5. The Property is currently zoned C-5 and R-1 and approving the requested zoning change
would give the Property one (1) unified zoning district classification.
6. The requested PC-3 zoning would be compatible with the zoning and uses of nearby
property and consistent with the existing development pattern in the vicinity of the
Crawford—Ohio intersection;
7. The proposed Planned C-3 district is contiguous with a Planned C-3 district approved earlier
this year:
P8. Needed public utilities and streets are in place to serve the proposed redevelopment site and
the proposed redevelopment site has full access from and to Crawford Street and Lewis
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Street; and
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9. The Property, is located within the boundary of the Crawford-Ohio Neighborhood Center so
the proposed rezoning of the Property is supported by the Future Land Use Plan map and
would not be an expansion of the commercial land use area.
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10. The applicant has a specific development plan for a portion of the Property.
The following finding supports approval of the site development plan for the property:
1. The site development plan submitted for Mokas Coffee and Bistro restaurant meets the
development standards set out in Sec. 42-409.14 of the Salina Code;
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.
Section 3. Site Development Plan Approval. The site development plan for a Mokas Coffee and
Bistro restaurant as presented is approved and incorporated as part of this ordinance (the "Site
Development Plan"). A copy of Site Development Plan shall be filed in the office of the zoning
administrator.
Section 4. 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 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. Modifications. Pursuant to Salina Code Sec. 42-409.7; otherwise applicable district
regulations are modified as follows: None.
3. Any conditions imposed as a result of planning commission review and approval of the
site development plans on the remaining Property in the district; and
4. No building permits shall be issued for the remaining Property in the district until the
site development plan has been approved by the planning commission.
5. Construction of the rear shared access drive connecting the Popeye's site to Lewis Street
shall be completed as part of the next phase of development on the remaining Property.
= Section 5. Additional conditions. Development and use of the Mokas Coffee and Bistro
restaurant site shall be subject to the following additional conditions:
a 1. A public sidewalk shall be constructed along the entire Lewis Street frontage of the lot.
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2. Signage shall be limited to one (1) pole sign with a maximum permitted sign area of 120
square feet and a maximum sign height of 30 ft. Facade or wall signs for shall be subject
to the C-3 sign regulations.
3. All landscaping, sidewalk, circulation, parking, fencing and other improvements shown
on the approved site development plan shall be completed prior to occupancy of the
building and shall be the responsibility of the applicant.
4. The applicant shall submit a site lighting plan and cut sheets for proposed exterior
lighting fixtures for review prior to installation.
5. A KDHE stormwater permit (Notice of Intent) shall be required for this project. A copy
of KDHE's approval letter must be provided to the City Engineer and a local Land
Disturbance Permit must be applied for and issued prior to commencing any earthwork
on the site.
6. The project shall be completed in substantial conformance with the approved site
development plan, landscape plan and associated sign and building elevation drawings
which are hereby incorporated by reference.
7. A building permit for this project shall be obtained within 18 months of site plan
approval.
Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code
Sec. 42-409.19, if construction based on a valid building permit has not commenced within the
deadline of eighteen (18) months from the date of publication of this ordinance or as extended by
the board of commissioners for a specified length of time not to exceed one (I) additional year, the
Site Development Plan shall expire and be revoked and no building permits shall be issued in
relation to the Mokas Coffee and Bistro restaurant site unless and until a new site development plan
has been approved by the board of commissioners.
Section 7. Repealer. All prior ordinances in conflict herewith as they relate to the Property are
repealed.
Section 8. 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. 18-10940 Summary
On June I I. 2018. the City Commission passed Ordinance No. 18-10940. The ordinance
changes the zoning district classification of property located on the southeast East Crawford
Street and Lewis Street to PC-3 Planned Shopping Center District to allow commercial re-
development of the site. 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
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City's legal counsel.
Introduced: June 4. 2018
Passed: June 11_, 2018
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Karl F. Ryan. Mayor
[SEAL]
ATTEST:
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Shandi Wicks. CMC. City Clerk
The publication summary set forth above is certified this I/I/of June. 2018.
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'A. B- gt•on, City Attorney
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