21-11085 Central Mall Rezoning north side of Magnolia Road-
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Summary published in The Salina Journal on October __ , 2021
Posted on the City of Salina website from October __ to October __ , 2021
ORDINANCE NUMBER 21-11085
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 REZONING AND PRESCRIBING THE PROPER USES OF CERTAIN
PROPERTY WITHIN THE CITY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. In relation to the following described real estate :
Tracts 3, 4 and 5 in the Amended Final Development District Plan, in the Central Mall
Subdivision, a replat of a replat of a portion of Meadowlark Acres Addition No. 3 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. Because of its proximity to the South 9th Street and Magnolia Road intersection, the
Property is more suitable for PDD (C-3) zoning district uses, including hotels , than
professional and business offices and other PDD (C-1) zoning district uses.
3. The requested PDD (C-3) zoning would be compatible with the zoning of nearby property
to the north and west and consistent with the existing development pattern on the north
side of Magnolia Road.
4. Four (4) stories and a 47.50 ft. building height are needed to have a viable hotel project.
5. Needed public utilities and streets are in place to serve the proposed hotel development
site.
6. The Property is located within the boundary of the Commercial land use designation , so
the requested C-3 zoning of the Property is supported by the Future Land Use Plan map.
7. The current PDD (C-1) zoning district has limited the development options on the Property
to the point that it has remained vacant since the Central Mall was originally constructed
in the 1980's.
Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT C-3 (Shopping Center). The
Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of
DISTRICT C-3 PLANNED DEVELOPMENT.
Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions ,
restrictions , and limitations applicable to planned development districts 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 amended final development plan approved by the
planning commission, incorporated as part of this ordinance, and 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. 42-403(a)(12), otherwise
applicable district regulations shall be varied or modified as follows:
a. A modification of the thirty-five foot (35') building height limitation in the C-3
district to allow a building with a height of forty-seven feet 8 inches ( 4 7' 8") to be
constructed on the property.
3. Additional conditions. Development and use of the Property shall be subject to the
following additional conditions:
a) A site drainage plan must be submitted, reviewed and approved by the City
Engineering, confirming that the majority of the site drainage will be directed to the
Central Mall PDD detention pond via the subdivision storm sewer system prior to the
issuance of a building permit.
b) The Base (100 Year) Flood Elevation (BFE) for this property is 1239 ft. The lowest
floor elevation of any building constructed on this lot shall be at least one (1) ft. above
the BFE (at least 1240 ft.). An Elevation Certificate prepared by a Kansas licensed
surveyor, confirming that the finished floor elevation and lowest adjacent grade next
to the building are at least one (1) ft. above the BFE must be submitted for review and
approval prior to beginning vertical construction.
c) Signage on Tracts 3, 4 and 5 shall be limited to a single monument sign not exceeding
8 ft. in height and wall signs as allowed in the C-3 district.
d) All landscaping, sidewalk, circulation, parking, fencing and other improvements
shown on the amended final development plan shall be completed prior to occupancy
of the hotel building and shall be the responsibility of the property owner.
e) The property owner shall be responsible for making physical modifications to the
Century Plaza Drive -Magnolia Road intersection to provide designated turn lanes
for exiting vehicles. The intersection improvements must be completed prior to the
issuance of a Certificate of Occupancy for the hotel building.
f) The hotel project shall be completed in substantial conformance with the approved
final development plan, landscape plan and associated building elevation drawings
which are hereby incorporated by reference.
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Se ction 4 . R epea ler. All prior ordinances relating to the Property are repealed to the extent they are
in conflict with this ordinance.
Se cti on 5. S umm ary of ordinance for publi cat ion . 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. 21-11085 Summary
On October 18, 2021, the City Commission passed Ordinance No. 21-11085. The ordinance
changes the zoning district classification of three (3) Central Mall out lots on the north side of
Magnolia Road which are the planned site of a new Atwell Suites hotel from PDD(C-1)
Planned Development Restricted Business District to PDD(C-3) Planned Development
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: October 11, 2021
Passed : October 18 , 2021
The publication summary set forth above is certified this .Ll_'7Jay of October, 2021.