6.1 Ordinance No. 22-11112 - Long McArthur Addition 3 Zoning 2nd ReadingAGENDA SECTION
NO:
ITEM
NO:
Page 1
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/23/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
City Clerk's Office
BY: JoVonna A. Rutherford, City
FISCAL APPROVAL:
BY:
L"
ITEM: Ordinance No. 22-11112
Second reading of Ordinance No. 22-11112 creating an amended PC -5 (Planned Service
Commercial district with Corridor Overlay) on a 44 acre tract of land located on the west side of. South
Ninth Street north of Water Well Road. (proposed Long -Mc Arthur Addition No.3)
BACKGROUND:
Ordinance No. 22-11112, which also included the approval of a site development plan for a Quick
Lane Auto Service Center, was passed on first reading on May 9, 2022. Since that time no comments
have been received.
FISCAL NOTE:
There would be no fiscal impact on the City of Salina if this easement vacation request is approved.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
1.) Approve Ordinance No. 22-11112 on second reading.
2.) Approve Ordinance No. 22-11112 on second reading with amendments as the City
Commission deems appropriate.
3.) Postpone consideration of Ordinance No. 22-11112 on second reading to a specified date and
time and provide staff direction regarding additional information or amendments the City
Commission would like to request for their further consideration.
4.) Vote to deny Ordinance No. 22-11112 on second reading. If the City Commission declines to
approve the ordinance, development of the northern portion of this property would be limited to
a single electronic changeable copy sign and it could not be developed for commercial
purposes, meaning the Quick Lane Service Center could not be built as proposed.
Staff recommends Option #1
Attachments: Ordinance No. 22-11112
Summary published in The Salina Journal on May _, 2022.
Posted on the City of Salina website from May _ to June , 2022.
ORDINANCE NUMBER 22-11112
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:
Lots One (1) through Seven (7), Block One (1) of Long McArthur Addition No. 3 to the
City of Salina, Saline County, Kansas (the "Property")
the Governing Body makes the following findings:
All conditions precedent for the amendment of the City's Zoning District Map and the
rezoning of the Property have been timely met;
Section 42-418.3 (i) of the Salina Code states that a Planned Commercial zoning is
required on all applications for rezoning within South Ninth Street Corridor Overlay
District; and
3. The requested amended PC -5 zoning would be compatible with the zoning and uses of
nearby property and consistent with the existing development pattern on the west side
of this South 9th Street north of Water Well Road;
4. The Long McArthur dealership and the Marshall Motor Company dealership properties
are currently zoned PC -5, approving the requested amended PC -5 district would create
one (1) unified zoning district that allows the full list of permitted uses within the South
Ninth Street Corridor Overlay District for the entirety of the Long McArthur No. 3
Addition;
5. Needed public utilities and streets are in place to serve the proposed redevelopment site
and the site has full access from and to South 9th Street via a shared east -west access
road that connects directly to South 9th Street;
6. The requested zoning change conforms with the City's Comprehensive Plan for this
area which shows this as being in the commercial retail portion of the South 91 Street
Corridor Overlay District.
7. The applicant has a specific development plan for a portion of the Property.
The following finding supports approval of the site development plan for Lot 6, Block 1:
1. The site development plan submitted for Quick Lane Service Center meets the
development standards set out in Sec. 42-409.14 and Sec. 42-418.3 of the Salina Code.
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, subject to the
conditions of approval set forth in section 3 of this ordinance.
Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions,
restrictions, and limitations applicable to the "CO" CORRIDOR OVERLAY 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(s)
approved by the planning commission ("Site Development Plan(s)") and (b) the following
conditions:
1. Zoning district regulations. Development and use of the Property shall be limited to
those permitted uses listed in the CO district regulations. The Property shall be subject
to the bulk and use limitations of the CO and C-5 districts, 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. Site Development Plan conditions. Development of the Property shall be subject to
any conditions imposed as a result of planning commission review and approval of the
Site Development Plan(s) for the Property in the district; and
4. Building permits. No building permits shall be issued for any tracts within the Property
in the district until the Site Development Plan applicable to the tract has been approved
by the planning commission.
5. Signage. Signage shall comply with the C-5 district size limitations and the CO district
height limitations, except that interstate oriented signs may be up to 50 ft. in height.
Section 4. Site Development Plan Approval. The site development plan for a Quick Lane
Service Center as presented and incorporated as part of this ordinance (the "Site Development
Plan") is approved, subject to the additional conditions set forth in section 5 of this ordinance. A
copy of the Site Development Plan shall be filed in the office of the zoning administrator.
Section 5. Additional conditions. Development and use of the Quick Lane Service Center site
shall be subject to the following additional conditions:
On site signage on Lot 6 shall be limited to one (1) ground sign with a maximum
permitted sign area of 130 square feet and a maximum sign height of 20 feet. Facade
or wall signs shall be subject to the C-5 sign regulations.
2. The applicant shall submit a Landscape Planting Plan clarifying the location, types and
varieties of plantings being proposed. The Landscape Planting Plan shall have at least
8 tree units located in the front yard setback areas directly West of South 9th Street and
directly west of the north -south frontage road. Landscaping on the west 205 ft. of Lot
6, Block 1 may be deferred until it is developed.
3. A KDHE stone water 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.
4. A site drainage plan must be reviewed and approved by City of Salina engineering staff,
confirming that the majority of the site drainage is directed to the detention pond
located west of this property on Lot 5, Block 1 prior to issuance of a building permit.
5. Design plans for the public water and sewer line extensions must be prepared by a
Kansas licensed professional engineer and submitted for review to the utilities director
and city engineer. Upon approval by the utilities director and city engineer, the final
plans shall be submitted to the Kansas Department of Health and Environment (KDHE)
for review and approval. Installation of the public water and sewer shall not commence
prior to approval by KDHE.
6. An operational water system shall be in place prior to vertical construction of the
building. All public water with fire hydrants and sewer lines shall be installed in a
dedicated 20 ft. wide utility easement. Public water and sewer infrastructure shall be
constructed per City of Salina standards and specifications.
7. An all-weather surface capable of supporting at least 75,000 pounds must be
constructed to provide access to Lot 6 prior to construction commencing on the
proposed Quick Lane Service Center.
8. 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.
9. 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.
10. 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 been 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 (1) additional year,
the Site Development Plan shall expire and be revoked and no building permits shall be issued in
relation to the Quick Lane Service Center site unless and until a new site development plan has
been approved by the board of commissioners.
Section 7. Repealer. All prior ordinances relating to the Property are repealed to the extent they
are in conflict with this ordinance.
Section 8. Effective date; publication summary. 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. 22-11112 Summary
On May 16, 2022, the City Commission passed Ordinance No. 22-11112. The ordinance
changes the zoning district classification of property located on the west side of South 9n'
Street north of Water Well Road to PC -5 Planned Service Commercial District to allow
commercial development of the site and approves a site development plan for a Quick Lane
Service Center on a portion of the property, subject to certain conditions and approval of
deferred Site Development Plan(s) for the remainder 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.
[SEAL)
ATTEST:
JoVonna A. Rutherford, City Clerk
Introduced: May 9, 2022
Passed: May 23, 2022
Trent W. Davis, M.D., Mayor
The publication summary set forth above is certified this _ day of May, 2022.
Greg A. Bengtson, City Attorney