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8.1 Ordinance 22-11096 Salina Zoning - RV ParkingAGENDA SECTION NO: ITEM NO: Page 1 ITEM: Ordinance No. 22-1 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 02/072022 4:00 P.M. ORIGINATING DEPARTMENT: Community and Development Services Planning Division BY: Dean Andrew DA FISCAL APPROVAL: BY: FINAL APPROVAL: BY: //►, 11 Application #Z21-11, filed by the Salina City Planning Commission, requesting approval of an amendment of the Salina Zoning Ordinance to add Section 42-229.1 establishing regulations for short term RV parking at travel plazas and hotels and motels within the city and amendment of Section 42- 318 and Section 42-339 to add short term RV parking as a listed conditional use in the C-5 (Service Commercial) and C-7 (Highway Commercial) zoning districts. BACKGROUND: In 1991, as part of a comprehensive text amendment that established zoning requirements and standards for manufactured home parks and subdivisions, a section was added (Section 42-229) that created standards for recreational campgrounds and which allowed recreational campgrounds as conditional uses in the MH -P (Manufactured Home Park), A-1 (Agricultural) and C-7 (Highway Commercial) zoning districts. The standards were modeled after the Manufactured Home Parks standards because it was anticipated that such campgrounds might attract transient construction workers who might "live" there for up to six months to a year. Therefore, Salina's current recreational campground standards require things like service buildings with restrooms and showers and storm shelters under the premise that campground residents may be there for extended periods of time. The standards also include a two (2) acre minimum lot area requirement. Since these regulations were adopted, only one recreational campground has been proposed (southeast corner or North gth Street and Stimmel Road) and no campgrounds have been approved and established inside the city limits. While the use of recreational vehicles (RVs) has changed, local zoning regulations have often not kept pace. Many communities have kept their "one size fits all" approach to RV campgrounds, including Salina, and have not responded to changes in the industry. Owners of RVs may be: full time RV living with no other home, seasonal RV living (e.g. "snowbirds"), destination vacationers or travelers spending weeks with family, short-term travelers with one or two - night stays, temporary employees or contractors, or permanent or long-term local residents of campgrounds. Each type of user has differing desired services and requirements. There is still a place for traditional campgrounds but many travelers looking for a very short-term stay, especially in a fully self-contained RV (toilet, shower, kitchen, etc.) aren't looking for recreation areas, shower, laundry and toilet buildings or campfire use, or other services available at something like a franchised or privately operated campground - at least not while traveling to their ultimate destination. City staff has recently been contacted by several businesses that serve the traveling public about establishing RV parks for limited overnight RV parking as an accessory use to their main business (travel center / motel). Salina's current "one size fits all" approach to recreational vehicle campgrounds does not fit this business model and Planning staff has identified a need for a zoning text amendment to accommodate this type of overnight parking. The Planning Commission agreed to initiate a text amendment. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 02/072022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Community and Development Services BY: ITEM Planning Division FINAL APPROVAL: NO: Page 2 BY: Dean Andrew BY: Purpose of this proposed zoning text amendment This proposed text amendment would not be intended to address all RV overnight stay venue issues. It is designed to address in a limited way, the market desire for short-term RV parking which does not require the level of space or service envisioned in traditional RV campground ordinances such as the one Salina currently has. Truck stops have now evolved into travel centers which meet the needs (and profit from) all the traveling public, including recreational vehicle owners. This ordinance change would give the City the ability to allow and properly regulate a 24/7 travel business which desires to provide limited short-term RV parking as one of their travel services. It could be applicable to a travel center, hotel or motel that wanted to develop an accessory or secondary use RV park though approval of a Conditional Use Permit. At the same time, it would not open the door to everyone who owns a large commercial zoned lot to use as an overnight parking area. The occasional overnight RV and truck parking that occurs at Wal Mart and other commercial lots is not a permitted use in those locations as those commercial districts do not allow overnight camping. This would create a limited exception to that prohibition but would require approval of a plan by the Planning Commission. The City of Abilene, Kansas recently adopted a similar text amendment to accommodate a proposed RV park at the 24/7 Travel Center at North Buckeye and 1-70. A Conditional Use Permit has been approved for the Abilene RV park and it is now complete and in operation. Instead of attempting to draft and adopt a list of specific prescriptive requirements like the existing campground ordinance, this proposed text amendment would give the Planning Commission the discretion to establish individual limits and conditions on overnight RV parking areas on a case by case, location by location basis. FISCAL NOTE: There would be no fiscal impact on the City if this zoning text amendment is approved. Planning Commission Recommendation The Salina City Planning Commission conducted a public hearing on this proposed amendment to the Salina Zoning Ordinance on December 7, 2021. Following presentation of the staff report, comments from the owner of the Quality Inn on West Crawford Street (one of the interested businesses) and comments and questions by Commission members, the Planning Commission voted 6-0 to recommend approval of the proposed text amendment as drafted and presented. COMMISSION ACTION: Staff has identified the following alternatives for the City Commission's consideration: The Commission could approve the proposed text amendment as drafted and presented and approve Ordinance No. 22-11096 on first reading. AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 02/072022 4:00 P.M. ORIGINATING DEPARTMENT Community and Development Services Planning Division BY: Dean Andrew FISCAL APPROVAL: BY: FINAL APPROVAL: BY: 2. The Commission could approve Ordinance No. 22-11096 on first reading subject to any additions, deletions or revisions to the amendment language supported by a majority of Commission members. 3. The Commission could postpone consideration of this proposed zoning text amendment to allow staff to provide additional information on this topic. 4. The Commission could return this item to the Planning Commission for reconsideration to allow major revisions to be made to the text amendment such as more prescriptive standards. 5. The Commission could decide that the status quo should be maintained and that no changes should be made to the current RV campground regulations. A motion should then be made that ordinance No. 22-11096 not be approved. Attachments: Application Sample Photos Excerpt of 12/7/21 PC Minutes Ordinance No. 22-11096 CC: Mukesh Patel, Quality Inn, 2110 W. Crawford crtr« Ss�fld t'Imvivg & Community Develoumevt Publication Date November 11, 2021 Application No. Z 21-11 Hearing Date December 7, 2021 Date Filed October 29, 2021 Filing Fee Receipt No. APPLICATION FOR AMENDMENT TO THE ZONING TEXT SALINA CITY PLANNING COMMISSION The undersigned, being residents of the City of Salina, Kansas, do hereby apply to the Salina City Planning Commission for: amendment of the Salina Zoning Ordinance to add new Section 42-229.1 establishing regulations for short term RV Larking at travel centers and hotels and motels located in C-5 and C-7 districts within the city. amendment of Section 42-318 and Section 42-339 to add RV parking as a listed conditional use in the C-5 (Service :ommercial) and C-7 (Highway Commercial) districts. Applicant's Name (print) Salina City Planning Commission Applicant(s)Signa L)_C�.n.gi++-�w�� Seere.+Ary Date 10/29/21 Attach additional signature sheets if necessary. Be sure to include name, address, phone and signature of each applicant on the additional sheets. If the applicant is to be represented by legal counsel or an authorized agent, please complete the following in order that correspondence and communications pertaining to this application may be forwarded to the authorized individual. Name of representative Mailing Address, City, State, Zip Telephone (Business) and E -Mail PLF - 053, Application Zoning Text Amendment, Rev. 6-2008 Proposed Short Term Recreational Vehicle Parking Text Amendment Sec. 42-229. - Recreational campground plans. The applicant for a conditional use permit to allow a recreational campground in an MH -P, A-1 or C-7 district shall submit a preliminary campground plan, drawn to a scale of not less than one (1) inch equals one hundred (100) feet, and showing the general layout of the proposed campground. Two (2) copies of the plan shall accompany the conditional use permit application. Such plan shall comply with the following minimum requirements: (1) The tract to be used as a campground shall not be less than two (2) acres in area and shall be permitted only when served by an approved sanitary sewer and water supply system. (2) Permitted uses within the campground shall include: a. Motor homes; b. Travel trailers; c. Tents and tent trailers; d. Customary accessory uses such as laundry facilities, manager's office, clubhouse, swimming pool, etc. (3) Contours at two -foot intervals shall be indicated on the plan. (4) The campground shall be located on a well -drained site, properly graded, where necessary, to insure rapid drainage and freedom from stagnant pools of water. (5) Sight -obscuring screening of not less than six (6) feet in height shall be provided between the campground and any other residential zoning district. (6) A minimum setback of twenty-five (25) feet must be maintained along all boundaries of the campground that adjoin a public street or a residential zoning district. (7) Service buildings shall be provided at a rate of one (1) for each one hundred (100) camping spaces. Each service building shall: a. Be located in a reasonable central location within the campground; b. Be of permanent construction; c. Have an accessible, adequate, safe and potable supply of cold water; d. Have one (1) flush -type toilet, one (1) lavatory, and one (1) shower or bathtub for females; and one (1) flush -type toilet, one (1) lavatory, and one (1) shower or bathtub for males for each thirty (30) camping spaces. All lavatories, bathtubs, and showers shall be connected with both hot and cold running water; e. Comply with all applicable chapters of the building code regarding the construction of buildings and the installation of electrical, plumbing, heating, and air conditioning systems; f. Be maintained in a clean, sanitary condition and kept free of any condition that will endanger the health or safety of any occupants or the public. (8) Vented storm shelters shall be provided in a central or other convenient location at the rate of twelve (12) square feet per designated or intended camping space. (9) Structures shall not exceed thirty-five (35) feet in height. Upon approval of the preliminary campground plan by the planning commission, the applicant shall prepare and submit two (2) copies of a final campground plan, which shall incorporate any changes or alterations requested, to the secretary of the planning commission. Upon the determination by the secretary that the final campground plan accurately reflects the desires of the planning commission, a conditional use permit will be issued. An approved copy shall be forwarded, within seven (7) days, to the zoning administrator, who may issue the required permits upon proper application. Sec. 42-229.1. — Short term recreational vehicle parking areas. Short term recreational vehicle parking areas that are accessory to an existing hotel, motel, truck stop or travel plaza located in a C-5 or C-7 district shall be allowed only upon approval of a conditional use permit in accordance with the provision of Section 42-597.1 of the Zoning Regulations. Accessory short term recreational vehicle parking areas shall not be considered to be recreational campgrounds and shall not be subject to the requirements of Section 42-229 of the Zoning Regulations, except as may be required by the conditions imposed pursuant to a conditional use permit. In considering a conditional use permit application the Planning Commission may impose requirements related to the total number of parking spaces allowed, limits on continuous nights of rental or use of parking spaces, and such other conditions as deemed necessary and appropriate to make the accessory recreational vehicle parking area compatible with surrounding property and to protect health, safety, and welfare of the public. List of Conditional Uses in the C-5 (Service Commercial) District Sec. 42-318. - Conditional uses. Conditional uses in the C-5 district are as follows: (1) Amusement parks and skating rinks; (2) Animal hospitals, provided that all pens shall be in an enclosed structure; (3) Automobile repair; (4) Electronic cigarette establishments; (5) Group care facilities; (6) Group rehabilitation facilities; (7) Hospitals, sanitariums, rest homes and nursing homes; (8) Lumber yards; (9) Mini -warehouses; (10) Multifamily dwellings, provided that: a. New buildings and additions to existing buildings shall comply with the requirements of the R- 3 district and parking shall be provided in conformance with section 42-553; b. Conversions of existing nonresidential buildings shall comply with the lot size requirements of the R-3 district (section 42-204) in addition to the bulk regulations in the C-5 district and parking may be provided at one-half ratio set forth in section 42-553. (11) Multifamily dwellings for elderly and/or handicapped persons provided that: a. New buildings and additions to existing buildings shall comply with the requirements of the R- 3 district, with the exceptions to the bulk and lot size regulations permitted in section 42- 203 and parking shall be provided in conformance with section 42-553; b. Conversions of existing nonresidential buildings shall comply with the requirements of the R-3 district, with the exception to lot size regulations permitted in section 42-203 in addition to the bulk regulations in the C-5 district and parking shall be provided in conformance with section 42-553. (12) Outdoor theatres; (13) Shooting ranges (indoor); (14) Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas; (15) Tattoo parlors and body piercing studios; (16) Taverns; (17) Telephone exchanges and telephone transmission equipment structures; (18) Tobacco shops. List of Conditional Uses in the C-7 (Highway Commercial) District Sec. 42-339. - Conditional uses. Conditional uses in the C-7 district are as follows: (1) Agricultural implement sales and service; (2) Automobile and truck sales, rental and repair service; (3) Automotive parts stores; (4) Beverage distributors; (5) Boat sales, rental and service; (6) Building supply stores and lumber yards; (7) Business and professional offices; (8) Commercial recreation facilities; (9) Department and discount stores; (10) Equipment sales and rental; (11) Food stores and delicatessens; (12) Fraternal and service clubs; (13) Furniture stores; (14) Governmental buildings; (15) Manufactured home and mobile home sales; (16) Private clubs; (17) Public utility uses, including substations; (18) Recreational vehicle campgrounds; (19) Recreational vehicles sales, rental and service; (20) Shooting ranges (indoor); (21) Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas; (22) Warehouses and wholesale houses. bl"i, L \n N 0 L- 0 0 A W cu L 1 4 N C N 4 r 0 0 Y L ^m a) L 0 A L 1 4 N N C N 6 (Summary published in The Salina Journal on February _, 2022.) (Published on the City of Salina's website for a minimum of one week from February _, 2022.) ORDINANCE NUMBER 22-11096 AN ORDINANCE ADOPTING NEW SECTION 42-229.1 PERTAINING TO SHORT TERM RECREATIONAL VEHICLE PARKING, AMENDING CODE SECTIONS 42-318 AND 42-339 PERTAINING TO CONDITIONAL USES IN THE C-5 COMMERCIAL DISTRICT AND C-7 HIGHWAY COMMERCIAL DISTRICT AND REPEALING THE EXISTING SECTIONS 42- 318 AND 42-339. BE IT ORDAINED by the Governing Body of Salina, Kansas: Section 1. New Section. The Salina Code is amended by adding a section to be numbered 42-229.1, which section reads as follows: Sec. 42-229.1. — Short term recreational vehicle parking areas. Short term recreational vehicle parking areas that are accessory to an existing hotel, motel, truck stop or travel plaza located in a C-5 or C-7 district shall be allowed only upon approval of a conditional use permit in accordance with the provision of Section 42-597.2 of the Zoning Regulations. Accessory short term recreational vehicle parking areas shall not be considered to be recreational campgrounds and shall not be subject to the requirements of Section 42-229 of the Zoning Regulations, except as may be required by the conditions imposed pursuant to a conditional use permit. In considering a conditional use permit application the Planning Commission may impose requirements related to the total number of parking spaces allowed, limits on continuous nights of rental or use of parking spaces, and such other conditions as deemed necessary and appropriate to make the accessory recreational vehicle parking area compatible with surrounding property and to protect health, safety, and welfare of the public. Section 2. Amendment. Section 42-318 of the Salina Code is amended to read as follows: Sec. 42-318. - Conditional uses. Conditional uses in the C-5 district are as follows: (1) Amusement parks and skating rinks; (2) Animal hospitals, provided that all pens shall be in an enclosed structure; (3) Automobile repair; (4) Electronic cigarette establishments; (5) Group care facilities; (6) Group rehabilitation facilities; (7) Hospitals, sanitariums, rest homes and nursing homes; (8) Lumber yards; (9) Mini -warehouses; (10) Multifamily dwellings, provided that: a. New buildings and additions to existing buildings shall comply with the requirements of the R-3 district and parking shall be provided in conformance with section 42-553; b. Conversions of existing nonresidential buildings shall comply with the lot size requirements of the R-3 district (section 42-204) in addition to the bulk regulations in the C-5 district and parking may be provided at one-half ratio set forth in section 42-553. (11) Multifamily dwellings for elderly and/or handicapped persons provided that: a. New buildings and additions to existing buildings shall comply with the requirements of the R-3 district, with the exceptions to the bulk and lot size regulations permitted in section 42-203 and parking shall be provided in conformance with section 42-553; b. Conversions of existing nonresidential buildings shall comply with the requirements of the R-3 district, with the exception to lot size regulations permitted in section 42-203 in addition to the bulk regulations in the C-5 district and parking shall be provided in conformance with section 42-553. (12) Outdoor theatres; (13) Shooting ranges (indoor); (14) Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas; (15) Tattoo parlors and body piercing studios; (16) Taverns; (17) Telephone exchanges and telephone transmission equipment structures; (18) Tobacco shops. Section 3. Amendment. Section 42-339 of the Salina Code is amended to read as follows: Sec. 42-339. - Conditional uses. Conditional uses in the C-7 district are as follows: (1) Agricultural implement sales and service; (2) Automobile and truck sales, rental and repair service; (3) Automotive parts stores; (4) Beverage distributors; (5) Boat sales, rental and service; (6) Building supply stores and lumber yards; (7) Business and professional offices; (8) Commercial recreation facilities; (9) Department and discount stores; (10) Equipment sales and rental; (11) Food stores and delicatessens; (12) Fraternal and service clubs; (13) Furniture stores; (14) Governmental buildings; (15) Manufactured home and mobile home sales; (16) Private clubs; (17) Public utility uses, including substations; 2 (18) Recreational vehicle campgrounds; (19) Recreational vehicles sales, rental and service; (20) Shooting ranges (indoor); (21) Short term recreational vehicle parking areas accessory to hotels, motels, truck stops and travel plazas; (22) Warehouses and wholesale houses. Section 4. Repealer. Existing Salina Code Sections 42-318 and 42-339 are repealed. Section 5. 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. 22-11096 Summary On February 14, 2022, the City Commission passed Ordinance No. 22-11096. The Ordinance adds Section 42-229.1 to allow short term recreational parking areas that are accessory to an existing hotel, motel, truck stop or travel plaza to be approved through a conditional use permit in the C-5 (Service Commercial) and C-7 (Heavy Commercial) districts. 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: February 7, 2022 Passed: February 14, 2022 Trent W. Davis, M.D., Mayor [SEAL] ATTEST: JoVonna A. Rutherford, City Clerk The publication summary set forth above is certified this day of February, 2022. Greg A. Bengtson, City Attorney