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23-11149 Schippel Drive Amended Rezoning- L - L z 0.. w "' ,!; iii en ~ '2 g c: 8 Summary published in The Salina Journal on April ..J_, 2023. _1 ... L .... ri· r ci .... 1·~-__ 1 • r .t.. •1 _. .._ •1 .., -"-,""' ORDINANCE NUMBER 23-11149 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NUMBER 22-11139 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: Lot Eight (8), Block Four (4) in the Replat of Schippel Addition Blocks Four (4), Five (5) and Part of Three (3), also a portion of Lots Thirteen (13) and Fourteen (14), Block Four (4), Replat of Schippel Addition, Blocks Four (4), Five (5) and part of Three (3), City of Salina, Saline County, Kansas, being more particularly describes as follows: Beginning at the Southwest comer of Lot Fourteen (14); thence N89°54'46"E, a distance ofTwenty- Two feet (22.00') along the South line of Lot Fourteen (14); thence Nl3°24'20"W along a line parallel to the East line of Lot Eight (8), a distance of One Hundred Twenty-three and Twenty-seven Hundredths feet (123.27'); thence S89°54'46"W along a line parallel to the South line of Lot Fourteen (14), a distance of Twenty-two feet (22.00') to the Northeast comer of Lot Eight (8); thence Sl3°24'20"E along the East line of Lot Eight (8) to the point of beginning, and Lot Five (5), Block One (1) in the King Addition Replat of Part of Block Four (4), Replat of Schippel Addition, Blocks Four ( 4), Five (5) and Part of Three (3) in 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. Based on the configuration and historic use of the building, the Property is more suitable for neighborhood scale service use than office use. The existing C-1 zoning inhibits reuse of the existing building. 3. Beauty salons are identified as the type of service businesses that should be located in Neighborhood Centers. Reuse of a commercial building limited to a beauty salon and permitted C-1 uses will not negatively impact nearby properties that have been adjacent to C-1 zoning for 45 years. 4. Adequate lot area is available to provide off-street parking for the proposed change in use. 5. If use of this Property is limited to a beauty salon and permitted C-1 uses only, there will be a minimal impact on traffic volumes on Schippel Drive and Fawn Street . 6. Utilities and fire protection are adequate to support a beauty salon operation in this location. 7. The requested zoning change to PC-2 would be consistent with the City's Comprehensive Plan which identifies this property as being a part of a Neighborhood Center and C-2 is listed as a potential zoning district in Neighborhood Centers. 8. The applicant has a specific development plan for the Property. r ... ,..., "' "' z Q_ w "' .s ... en ~ :2 g c: 8 The following finding supports approval of the site development plan for the Property. 1. The site development plan submitted for the proposed beauty salon meets the development standards set in Sec. 42-409.14 of the Salina Code . Section 2. Amendment. DISTRICT "PC-2" PLANNED NEIGHBORHOOD SHOPPING DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT "PC-2" Planned Neighborhood Shopping District. Section 3. Site Development Plan Approval. The site development plan for the proposed beauty salon as presented is approved and incorporated as part of this ordinance . (the "Site Development Plan"). A copy of the Site Development Plan shall be filed in the office of the zoning administrator. Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions , restrictions , and limitations applicable to the "C-2" Neighborhood Shopping 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) and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to a beauty salon, plus other uses permitted in the "C-1 " Restricted Business District and shall be subject to the bulk regulations , use limitations and sign regulations applicable to the "C-1 " Restricted Business 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 . Section 5. Additional conditions. Development and use of the site shall be subject to the following additional conditions: 1. The property owner shall submit a revised site development plan for the proposed parking lot that meets all of the dimensional requirements in Section 42-552 of the Off-Street Parking Regulations. 2. A building permit for this project shall be obtained within 18 months of site development plan approval. 3. A separate sign permit must be applied for and issued prior to installation of any signs. Section 6. Expiration and Revocation of the Site Development Plan. Pursuant to Salina Code Sec . 14 2-409.19 , if construction based on a valid building permit has not been commenced within the ki eadline of eighteen ( 18) months from the date of publication of this ordinance or as extended by the Joard of commissioners for a specified length ohime 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 he beauty salon site unless and until a new site development plan has been approved by the board of commissioners. Section 7. Repealer. Ordinance No. 22-11139 relating to the Property is repealed and replaced by his ordinance. "' "' z a. w "' .!: n; Cl) -g 1ii :>! g c: 0 u 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 . 23-11149 Summary On April 3, 2023 , the City Commission passed Ordinance No. 23-11149. The ordinance repeals and replaces Ordinance No. 22-11139 and changes the zoning district classification of property located at the northeast corner of Schippel Drive and Fawn Street (1001 Schippel Drive) as legally described in the replacement ordinance to PC-2 (Planned Neighborhood Shopping District) to allow the conversion of a former veterinary clinic to a beauty salon and outlines the findings of the City Commission in support of the change in zoning. This replacement ordinance expands the PC-2 district boundary to include fourteen (14) feet left out of the original legal description. 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.~·--... Jo Vo t erford, City Clerk Introduced : Passed : March 27 , 2023 April 3, 2023 The publication summary set forth above is certified this ')l~y of April , 2023 .