20-11031 Grand Prairie Moratorium Summary published in The Salina Journal on April 3 ,2020.
Ordinance published on the City of Salina website from March -IA to April iy ,2020
ORDINANCE NUMBER 20-11031
AN ORDINANCE ESTABLISHING A 60-DAY TEMPORARY MORATORIUM ON
FUTURE BUILDING PERMITS IN EXCESS OF 35 TOTAL BUILDING PERMITS IN
PHASE I AND II OF THE GRAND PRAIRIE ADDITION IN THE CITY OF SALINA,
KANSAS.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
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Section 1. Findings. The Governing Body makes the following findings:
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(a) The 2003 International Fire Code (IFC), Appendix D, adopted by the City of Salina
by reference was in effect when the plat of the Grand Prairie Addition (the "Addition") was
recorded on August 20, 2009. Section D107.1 of the IFC (2003 Edition) provides:
Section D107.1 One-or two-family dwelling residential developments.
Developments of one- or two-family dwellings where three number of dwelling units
exceeds 30 shall be provided with two separate and approved fire apparatus access roads,
and shall meet the requirements of Section D104.3.
(b) Section D107.1 further provides two exceptions, the second of which reads:
Exception 2. The number of dwelling units on a single fire apparatus access road shall not
be increased unless fire apparatus access roads will connect with future development, as
determined by the fire code official.
(c) There is to be constructed by the developer of the Addition an approved secondary
emergency fire apparatus access road providing a connecting means of access to the Addition by
public safety vehicles in satisfaction of the condition of the applicability of IFC Section D107.1,
Exception 2, to the Addition;
(d) Twenty-nine building permits have been approved for construction of homes in
Phases I and II of the Addition in anticipation of construction of the secondary emergency fire
apparatus access road by the developer in conjunction with development of the final phase of the
Addition, now identified as Phase III;
(e) A number of current residents of the Addition have expressed to the Governing Body
public safety-based concerns regarding the design, and timing of installation of the planned
secondary emergency fire apparatus access road;
(f) The Governing Body believes the public interest is best served by taking the
opportunity to examine in further detail the nature of any public safety concerns relating to the
design and timing of construction of the secondary emergency fire apparatus access road and to
pursue with the developer satisfactory resolution of matters of the design and timing of construction
of the secondary emergency fire apparatus access road as the developer ultimately fulfills its
obligation to satisfy the condition of the applicability of IFC Section D107.1, Exception 2, to the
Addition, i.e. construction of the approved secondary emergency fire apparatus access road in
conformity with the IFC; and
(g) The developer of the Addition has stated a willingness to cooperate with the City in
working towards a satisfactory resolution of matters of the design and timing of the construction of
the secondary emergency fire apparatus access road and has proposed that the 60-day temporary
moratorium apply to future building permits in excess of 35 total building permits in Phase I and II
of the Addition as the means of minimizing the potential for financial impact on individual vacant
lot owners and the developer.
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(h) A previous temporary moratorium for the same duration and purpose was adopted
via Ordinance 20-11023 on January 27, 2020.
(i) Due to extenuating circumstances presented by the outbreak of COVID19, including
the cancelation of public meetings, actions related to the Grand Prairie Addition were not able to
proceed within the duration of the temporary moratorium created by Ordinance 20-11023.
Section 2. Moratorium. There is hereby established a 60- day temporary moratorium on future
building permits in excess of 35 total building permits in Phase I and II of the Grand Prairie
Addition.
Section 3. Summary of Ordinance for Publication. This ordinance shall be published by the
following summary:
Ordinance No. 20-11031 Summary
On March 30, 2020 the City of Salina, Kansas, passed Ordinance No. 20-11031. The
ordinance establishes a 60-day temporary moratorium on future building permits in
excess of 35 total building permits in Phase I and II of the Grand Prairie Addition. 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 4. Effective Date and Term. This ordinance shall be in full force and effect for and after
its adoption and summary publication once in the official city newspaper.
Introduced: March 30, 2020
Passed: March 30, 2020
Michael L. Hop.: •, Mayor
[SEAL]
ATTEST:
1, 14acuot,,- UOlnciX0
Shandi Wicks, CMC, City Clerk
The p ication summary set forth above is certified this/.P'day of/ /'/ 2020.
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Gre A. Bengts• ' City Attorney
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