22-11123 Rural Housing Incentive Development Aero Plains(Published in the Salina Journal on July 1, 2022)
ORDINANCE NO. 22-11123
Gilmore & Bell, P.C.
06/16/20220
AN ORDINANCE OF THE CITY OF SALINA, KANSAS, ESTABLISHING A
RURAL HOUSING INCENTIVE DISTRICT WITHIN THE CITY AND
ADOPTING A PLAN FOR THE DEVELOPMENT OF HOUSING AND PUBLIC
FACILITIES IN SUCH DISTRICT, AND MAKING CERTAIN FINDINGS IN
CONJUNCTION THEREWITH (AERO PLAINS PHASE ONE RURAL HOUSING
INCENTIVE DISTRICT).
WHEREAS, K.S.A. 12-5241 et seq. (the "Act") authorizes any city incorporated in accordance
with the laws of the state of Kansas (the "State") with a population of less than 60,000 to designate rural
housing incentive districts within such city; and
WHEREAS, prior to such designation the governing body of such city shall conduct a housing
needs analysis to determine what, if any, housing needs exist within its community; and
WHEREAS, after conducting such analysis, the governing body of such city may adopt a
resolution making certain findings regarding the establishment of a rural housing incentive district and
providing the legal description of property to be contained therein; and
WHEREAS, after publishing such resolution, the governing body of such city shall send a copy
thereof to the Secretary of the Kansas Department of Commerce (the "Secretary") requesting that the
Secretary agree with the finding contained in such resolution; and
WHEREAS, if the Secretary agrees with such findings, such city may proceed with the
establishment of a rural housing incentive district within such city and adopt a plan for the development or
redevelopment of housing and public facilities in the proposed district; and
WHEREAS, the City of Salina, Kansas (the "City") has an estimated population under 60,000 and
therefore constitutes a city as the term is defined in the Act; and
WHEREAS, the governing body of the City (the "Governing Body") has performed a Housing
Needs Analysis (the "Analysis"), a copy of which is on file in the office of the City Clerk; and
WHEREAS, the Governing Body adopted Resolution No. 22-8050 on May 16, 2022, which made
certain findings relating to the need for financial incentives relating to the construction of quality housing
within the City, declared it advisable to establish a rural housing incentive district pursuant to the Act, and
authorized the submission of such resolution and the Analysis to the Kansas Department of Commerce in
accordance with the Act; and
WHEREAS, the Secretary of the Kansas Department of Commerce, pursuant to a letter dated
April 12, 2022, authorized the City to proceed with the establishment of a rural housing incentive district ·
pursuant to the Act; and
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WHEREAS, the City has caused to be prepared a plan (the "Plan") for the development or
redevelopment of housing and public facilities in the proposed Aero Plains Phase One Rural Housing
Incentive District (the "District") in accordance with the provisions of the Act; and
WHEREAS, the Plan includes:
1. The legal description and map required by KS.A. 12-5244(a).
2. The existing assessed valuation of the real estate in the proposed District listing the land
and improvement value separately.
3. A list of the names and addresses of the owners of record of all real estate parcels within
the proposed District.
4. A description of the housing and public facilities project or projects that are proposed to be
constructed or improved in the proposed District, and the location thereof.
5. A listing of the names, addresses, and specific interests in real estate in the proposed
District of the developers responsible for development of the housing and public facilities
in the proposed District.
6. The contractual assurances, if any, the Governing Body has received from such developer
or developers , guaranteeing the financial feasibility of specific housing tax incentive
projects in the proposed District.
7. A comprehensive analysis of the feasibility of providing hou s ing tax incentives in the
proposed District as provided in the Act, which shows the public benefit derived from the
District will exceed the costs and that the income therefrom , together with all public and
private sources of funding , will be sufficient to pay for the public improvements that may
be undertaken in the District.
WHEREAS, the Governing Body of the City has heretofore adopted Resolution No. 22-8050 ,
which made a finding that the City is considering establishing the proposed District and adopting the
proposed Plan pursuant to the Act, set forth the boundaries of the proposed District, provided a summary
of the proposed Plan , called a public hearing concerning the establishment of the proposed District for
June 27 , 2022, and provided for notice of such public hearing as provided in the Act; and
WHEREAS, a public hearing was held on June 27, 2022, after notice was duly published and
delivered in accordance with the provisions of the Act; and
WHEREAS, upon and considering the information and public comments received at the public
hearing, the Governing Body of the City hereby deems it advisable to make certain findings to establish the
proposed District and to adopt the proposed Plan .
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF SALINA, KANSAS:
Section 1. Findings. The Governing Body hereby finds that notice of the public hearing
conducted June 27, 2022 , was duly made in accordance with the provisions of the Act.
Section 2. Creation of Rural Housing Incentive District. A Rural Housing Incentive
District is hereby created within the City in accordance with the provisions of the Act, which shall consist
of the following described real property:
A portion of the North Half of the Southwest Quarter of Section 35 , Township 14 South,
Range 3 West of the Sixth Principal Meridian, County of Saline, State of Kansas, being
described by as follows :
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Commencing at the center corner of said Section 3 5: thence N 89 °45' 1 O" W along the North
line of said North Half, a distance of 327.92 feet to the intersection of said North line and
the Centerline of Dry Creek, said point also being the point of beginning; thence S 01 °56'22"
Eon said Centerline, a distance of 146.36 feet; thence S 30 °47'12" W continuing on said
Centerline, a distance of 413.69 feet ; thence S 00 °56'52" W continuing on said Centerline;
a distance of 136. 71 feet; thence S 10 °54'4 l" E continuing on said Centerline, a distance of
406.12 feet; thence S 10 °43'00" W continuing on said Centerline, a distance of 240.29 feet
to the intersection of said Centerline and the North line of Wheatridge Addition to the City
of Salina; thence N 89 °38'06" W on said North line, a distance of 398.86 feet ; thence N
00 °19'09" E continuing on said North line, a distance of250 .32 feet ; thence N 89 °37'09" W
continuing on said North line and it prolongation, a distance of 1718.33 feet to the
intersection of said North line 's prolongation and the West right-of-way line of the Missouri
Pacific Railroad, said railroad right-of-way disclaimed by Deed Book 1232, Pages 959-961
in the Office of the Register of Deeds of Saline County; thence N 00 °06'43" Won said west
right-of-way line, a distance of 1018.85 feet to the intersection of said west right-of-way
line and the North line of said North half; thence S 89 °45'1 O" E on said North line, a distance
of 2294.62 feet to the point of beginning.
Said Tract contains 53 .22 acres more or less .
Together with public rights-of-way and access easement areas adjacent thereto
The District's boundaries do not contain any property not referenced in Resolution No. 22-8050,
which provided notice of the public hearing on the creation of the District and adoption of the Plan.
Section 3. Approval of Development Plan . The Plan for the development or redevelopment
of housing and public facilities in the District, as presented to the Governing Body this date, is hereby
approved. In addition, the approval of the Development Agreement relating to the Aero Plains Phase One
Rural Housing Incentive District between the City and the developer thereof is hereby ratified and
confirmed.
Section 4. Adverse Effect on Other Governmental Units. If, within 30 days following the
conclusion of the public hearing on June 27 , 2022, any of the following occurs, the Governing Body shall
take action to repeal this Ordinance:
(a) The Board of Education ofUnified School District No. 305, Saline County, Kansas (Salina)
determines by resolution that the District will have an adverse effect on such school district; or
(b) The Board of County Commissioners of Saline County, Kansas, determines by resolution
that the District will have an adverse effect on such county.
As of this date , the City has not received a copy of any such resolution and is not aware of the
adoption of any such resolution by the governing body of either Unified School District No. 305 , Saline
County, Kansas (Salina) or of Saline County, Kansas .
Section 5. Further Action. The Mayor, City Clerk, city officials and employees, including
the City Attorney, and Gilmore & Bell, P.C., are hereby further authorized and directed to take such other
actions as may be appropriate or desirable to accompli sh the purposes of this Ordinance, including entering
into an agreement with Saline County regarding the reimbursement purs uant to the Act of eligible costs
funded by Saline County .
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Section 6. Effective Date. This Ordinance sha ll be effective upon its passage by the
Governing Body and publication one time in the official City newspaper.
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PASSED by the Governing Body of the City of Salina, Kansas , and SIGNED by the Mayor on
June 27, 2022 .
(SEAL)
ATTEST:
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600596.20002\0RDINANCE
(Signature Page to Ordinance)