21-11051 Amending Ordinance Number 8526, codified as Chapter 42 of the Salina Code, and the Zoning District Map of the City of Salina Summary published in The Salina Journal on February .�, 2021.
Posted on the City of Salina website from February 0 to February 2021
ORDINANCE NUMBER 21-11051
AN ORDINANCE AMENDING ORDINANCE NUMBER 8526,CODIFIED AS CHAPTER 42
OF THE SALINA CODE,AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA,
KANSAS BY PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN
T THE CITY AND APPROVAL OF A SITE DEVELOPMENT PLAN IN ACCORDANCE
WITH SALINA CODE SECTION 42-409.1 THROUGH 42-409.21.
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 One (1), Two (2), Three (3), Four (4) and Five (5), Block Four (4); and Lots One (1), Two (2),
Three (3), and Four(4), Block Five (5) in the Corrected Plat of Liberty Addition No. 2 to the 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. 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 Property is more suitable for mixed commercial/residential use than warehousing.
These lots have remained vacant as zoned for 17 years. The current PC-6(Planned Heavy
Commercial) zoning inhibits the development of the Property due to changes in the real
estate market and the surrounding area;
4. The rezoning request area is adjacent to existing PC-5 zoned property so the requested
PC-5 (Planned Service Commercial)zoning would be compatible with the zoning and uses
of nearby property. Approval of PC-5 zoning would be a logical extension of the existing
PC-5 district along Schilling Road;
5. Needed public utilities, streets and drainage improvements are already in place to serve
the needs of the rezoning request area. Future development will pay its proportionate share
of public infrastructure costs; and
6. While the requested rezoning requires an amendment of the Future Land Use Map to show
the rezoning request area as being part of the Schilling-Ohio Neighborhood Center, an
amendment to the Plan is justified in these circumstances due to changing conditions in
the real estate market and surrounding area.
Section 2. Amendment. DISTRICT "PC-5" PLANNED SERVICE COMMERCIAL
DISTRICT. The Zoning District Map of the City of Salina,Kansas is amended to rezone the Property
as part of District"PC-5" Planned Service Commercial District.
Section 3. Site Development Plan Approval. Pursuant to Section 42-409.4 (c), the owner is
requesting rezoning of the Property with deferred site development plan approval for each of the
platted lots within the request area.
Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions,
restrictions, and limitations applicable to the "C-5" 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 approved 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-5" Service Commercial District and shall be subject to the bulk
regulations, use limitations and sign regulations applicable to the "C-5" Service
Commercial 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. Conditions imposed by planning commission. Any conditions imposed as a result of
planning commission review and approval of the site development plan for any lot or lots
within the Property; and
4. Site plan approval by planning commission. No building permits shall be issued for any
lot or lots within the Property until a site development plan for the lot or lots has been
approved by the planning commission.
Section 5. Repealer. All prior ordinances in conflict herewith as they relate to the Property are
repealed.
Section 6. 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. 21-11051 Summary
On February 1, 2021, the City Commission passed Ordinance No. 21-11051. The ordinance
changes the zoning district classification of property located on Cortland Circle south of
Schilling Road from PC-6 Planned Heavy Commercial District to PC-5 Planned Service
Commercial District to allow a mixed use development of the Property. 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: January 25, 2021
Passed: February 1, 2021
Melissa Rose Hodges, May r
[SEAL]
ATTEST:
N
C / /U .
Cheryl f is, D-puty City Clerk
The publicat.•n summary set forth above is certified this.'ay of February, 2021.
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