06-10366 North Ohio Overlay District(Published in the Salina Journal on January _/&, 2007)
ORDINANCE NUMBER 06-10366
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VII OF THE SALINA
CODE BY ADDING SECTIONS 42-420 — 42-420.8 PERTAINING TO CORRIDOR
OVERLAY DISTRICTS.
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BE ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter 42, Article VII, Division 3, Section 42-420 through 42-420.7 of the
Salina Code is hereby added to read as follows:
"Sec. 42-420. North Ohio Street Gateway Overlay District.
The North Ohio Street Gateway Overlay District is designed and intended to protect and
enhance the aesthetic and visual character of the North Ohio gateway into the city from
Interstate 70. In accordance with the Salina City Commission's strategic goal of encouraging
quality, market driven, mixed use development it is intended to insure that land development
adjacent to North Ohio Street occurs in a manner that improves the overall appearance of
major entryways into the city.
The primary purpose of the North Ohio Street Gateway Overlay District regulations is to
establish a framework for site planning and design to ensure development of a high quality
along the North Ohio corridor. The purposes of the North Ohio Street Gateway Overlay
District regulations shall also include the following:
(1) Emphasize the interstate access at Ohio Street and Interstate 70 as a major
entryway into the city.
(2) Encourage high quality development as a strategy for investing in the city's
future.
(3) Shape the district's appearance, aesthetic quality, and spatial form.
(4) Protect and enhance property values.
(5) Enhance the city's sense of place and contribute to the sustainability and
lasting value of the city.
(6) Provide property owners, developers, architects, engineers, builders, business
owners, and other with a clear and equitable set of regulations for developing
land.
Sec. 42-420.1 Application of regulations.
The North Ohio Street Gateway Overlay District shall function as an overlay zoning district.
The North Ohio Street Gateway Overlay District requirements shall supersede the
regulations of the underlying zoning district where such district's regulations are in conflict
with the provisions of this chapter. All regulations of the underlying zoning district shall
remain in effect as identified in the North Ohio Street Gateway Overlay District regulations.
The regulations established herein shall apply to all new development, major redevelopment
and major building additions within the district that is currently located within the city limits
or is subsequently annexed into the city. Major redevelopment shall be defined as
renovation or reconstruction that exceeds fifty (50) percent of the appraised value of existing
improvements. A major addition is an addition that results in a fifty (50) percent or more
increase in the gross floor area of an existing building.
Sec. 42-420.2 Permitted Uses.
No land shall be used and no buildings shall be erected for, converted to or used for any
principal or accessory use other than such uses as are allowed in the underlying zoning
district, in accordance with Article VI of this ordinance.
Sec. 42-420.3 Conditional Uses.
Uses requiring approval of a Conditional Use Permit shall be allowed in the underlying
zoning district only in accordance with Articles VI and XIII of this ordinance.
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Sec. 42-420.4 Prohibited Uses.
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Uses which are not listed as permitted or conditional uses in the underlying district shall not
be allowed. In addition, the following uses which may otherwise be permitted by right or by
conditional use permit in the underlying zoning district shall not be permitted as principal
uses within the North Ohio Street Gateway Overlay District:
(1)
Adult book stores
(2)
Adult cabarets
(3)
Adult motels
(4) Adult only movie theatres
(5) Concrete or asphalt batch plants
(6) Drinking establishment without food sales
(7) Feed lots, stockyards and rendering plants
(8) Flea Markets
(9) Junk dealers
(10) Manufactured home sales lots
(11) Massage parlors
(12)
Pawn shops
(13)
Petroleum refineries
(14)
Salvage yards
(15) Sand, gravel or earth mining operations
(16) Scrap dealers
(17) Scrap metal processing and storage
(18) Tattoo parlors
(19) Trash collection service or transfer station
See. 42-420.5 Bulk regulations.
(1) Minimum street frontage. The minimum street frontage for lots within the
North Ohio Street Gateway Overlay District shall be one hundred fifty (150)
feet, except for pre-existing lots of record.
(2) Minimum lot area. The minimum lot area within the North Ohio Street
Gateway Overlay District shall be fifteen thousand (15,000) sq. ft., except for
pre-existing lots of record.
(3) Minimum setbacks and yard areas.
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a. Front yard: fifty (50) feet abutting Ohio Street. For all other lots
abutting public streets, the required setbacks in the underlying zoning
district shall apply.
b. Side yard: twenty (20) feet on lots abutting Ohio Street, except when
located adjacent to property in a residential district where a fifty (50)
W foot setback shall be required. For all other lots the required setback in
the underlying zoning district shall apply.
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c. Rear yard: twenty-five (25) feet on lots abutting Ohio Street, except
when located adjacent to property in a residential district where a fifty
(50) foot setback shall be required. For all other lots the required
setback in the underlying zoning district shall apply.
d. Gasoline pumps, air and water service, canopies and other fixtures used
in connection with gasoline delivery shall be located no less than thirty
(30) feet from the property line of any abutting street; however, a canopy
may be constructed which further extends to within fifteen (15) feet of
front property line.
(4) Maximum structure height. The height limit of the underlying zoning district
shall apply within the North Ohio Street Gateway Overlay District.
(5) Maximum lot coverage. The maximum ground area of a zoning lot within
the North Ohio Street Gateway Overlay District that may be covered by
buildings is fifty (50) percent of the lot area.
Sec. 42-420.6 Development standards.
(1) Off-street parking areas.
a. Front yard setback. The minimum setback from the street right-of-way line to
parking areas or driving aisles located in the front yard shall be fifteen (15)
feet. The first ten (10) feet of this setback abutting the street must consist of
turf grass maintained as an uninterrupted yard. The remaining setback area
abutting the parking area or driving aisle must be developed with vegetative
screening or landscaping in accordance with the city's landscaping
regulations.
b. Surfacing. All open off-street parking spaces, access drives and aisles within
the North Ohio Street Gateway Overlay District shall be paved with asphalt or
concrete in accordance with Section 42-552 (e)(2) of the zoning ordinance.
(2) Off-street loading areas.
a. Location. Off-street loading areas serving buildings with frontage on Ohio
Street shall be located on the side or rear of the building.
b. Screening. All loading areas, freight docks, truck berths or truck parking
areas, vehicle repair, service, wash and maintenance bays, garages or garage
doors, or any other similar facilities located within one hundred (100) feet of
any public street and which face the street, shall be screened from the view of
the street by a solid wall or fence or densely planted hedge of not less than six
(6) feet in height. A chain link fence with slats shall not be considered solid
screening. If the combination of landscaping and berming within the landscape
setback creates a solid visual barrier equal to that provided by solid wall or
fence at the time of planting, the screening wall or fence is not required.
c. Surfacing. All off-street loading areas and access drives within the Gateway
Overlay District shall be paved with asphalt or concrete. As an alternative to
asphalt or concrete, off-street parking spaces, access drives and aisles may be
surfaced with alternative methods of paving, provided that the pavement
surface and base for any alternative to asphalt and concrete must be designed
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by a professional engineer licensed in the State of Kansas and reviewed and
approved by the City Engineer. A pavement cross-section shall be provided
demonstrating the structural ability of the design to support the anticipated
vehicle loads.
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(3) Outdoor storage and display.
a. Location. No outdoor storage shall be permitted in that area of the property
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which the principal building or buildings front.
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b. Screening. Outdoor storage in the side or rear yard shall be effectively
screened from public streets and adjoining property by a solid wall or fence or
densely planted hedge of not less than six (6) feet in height. The height of
stored items shall not be permitted to exceed the height of the visual screening
device. A chain link fence with slats shall not be considered a solid fence for
screening purposes.
c. Trash enclosures. Trash receptacles shall be visually screened on three (3)
sides by a solid wall or fence not less than six (6) feet in height measured at
the highest finished grade. The height of the trash receptacle shall not be
permitted to exceed the height of the visual screening device. Screening shall
not be required on the side used for access by garbage pickup services. Such
side shall not face any adjacent public street.
d. Merchandise display. The outside display of merchandise incidental to a
permitted use shall be allowed per the underlying zoning district.
Merchandise display areas must be setback at least fifteen (15) feet from the
right-of-way line of any public street. All areas utilized for outside display or
storage in conjunction with sales or rental of motor vehicles, recreational
vehicles, trailers or boats shall be paved with asphalt or concrete.
(4) Landscaping and screening.
a. Front yard areas. Front yard landscaping shall be provided on all zoning lots
within the North Ohio Street Gateway Overlay District in accordance with
Section 42-65 of the Zoning Ordinance and subsequent amendments thereto.
b. Screening. Side and rear yard areas shall be screened in accordance with the
requirements of the underlying zoning district.
c. Additional requirements.
1. A minimum of twenty (20) percent of the total area of each zoning lot
shall be devoted to landscaped open space.
2. All open areas of any lot not used for parking, driveways or storage shall
be landscaped with trees, shrubs, berms and planted ground cover.
3. All parking areas shall be landscaped with a buffer strip not less than
fifteen (15) feet wide located between the edge of the right-of-way of the
adjacent public street and the surface of the parking area.
4. All landscaped areas which do not consist of xeriscaping shall
be irrigated by an automatic irrigation system.
(5) Utilities. All on-site utilities serving any zoning lot within the North Ohio
Street Gateway Overlay District, including but not limited to electrical,
telephone and cable shall be installed underground. This shall apply to
utilities running from the street right-of-way or utility easement to buildings
and to utilities supplying service between buildings. This requirement shall
not apply to major electrical transmission or feeder lines.
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(6) Building design and appearance. All building and structures within the North
Ohio Street Gateway Overlay District shall meet the following building
design and construction standards:
a. Any exterior building wall facing Ohio Street shall be constructed
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of one of the following materials:
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2. Natural stone.
3. Customized concrete masonry with striated, scored or broken
faced brick type units (sealed) with color consistent with
design theme.
4. Poured in place, tilt -up or pre -cast concrete. Poured in place
and tilt -up walls shall have a finish of stone, a texture or a
coating.
5. Steel frame structures with architectural flat metal panels or
glass curtain walls.
6. Stucco, or similar cement based durable material.
b. Non -decorative exposed concrete block buildings are prohibited, as
are pre-engineered metal buildings, corrugated metal -sided
buildings, and wood sided buildings unless such metal buildings and
wood sided buildings are enhanced on all elevations by the
application of brick, decorative masonry, or decorative stucco
surfaces in combination with decorative fascia overhangs, trim, as
detailed above. At least twenty (20) percent of the exposed exterior
wall must consist of decorative material.
C. In the design of buildings or clusters of buildings, developers should
orient projects so that the side facing Ohio Street forms the front of
the project. Where fronting toward Ohio Street is not feasible due
to the location of access roads and other site constraints, the project
should be oriented and designed in such a manner so as to convey a
pleasing appearance from Ohio Street and treated per a. & b. above.
d. Where additions are proposed for buildings constructed prior to the
effective date of this Ordinance and such buildings do not comply
with the standards in this section, such additions need not comply
with the standards in this section as long as the addition(s) are not in
excess of fifty (50) percent of the existing floor area of the existing
building. Additions in excess of fifty (50) percent of the existing
floor area of an existing building shall comply with the standards in
this Section.
e. Exceptions to the Building Architecture standards set forth in this
Section may be granted by the Planning Commission for structures
of comparable design and building materials.
(7) Signage. Signage on each zoning lot within the North Ohio Street Gateway
Overlay District shall be limited to one (1) pole or ground sign per street
frontage not to exceed thirty (30) feet in height, except for interstate oriented
signs which may be up to fifty (50) feet in height. No off-site advertising
signs (billboards) shall be permitted within the district.
Sec. 42-420.7 Site plan review.
No building permits for new buildings or building additions subject to the requirements of
this overlay district shall be issued until a site development plan has been reviewed and
approved by the Planning Commission.
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Sec. 42-420.8 Effective area.
The provisions of the North Ohio Street Gateway Overlay District shall apply to the
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following area:
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Commencing at the Southeast corner of the Northeast Quarter of Section Twelve
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(12) Township Fourteen (14) South Range Three (3) West of the Sixth Principal
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Meridian;
— Thence North along the East line of said Northeast Quarter for a distance of
Fifty (50) feet to the intersection of said East line and the North right-of-way
of North Street extended, said point being the point of beginning;
— Thence West along said North right-of-way and extension thereof for a
distance of Two hundred (200) feet;
— Thence South along said right-of-way for a distance of Ten (10) feet;
— Thence West along said right of way for a distance of Three hundred
Seventeen and Eighty-two hundredths (317.82) feet to the West line of the
East One Hundred Twenty (120) feet of Lot 3 Block 1 of Stanion Addition;
— Thence North along said West line to the North Line of Stanion Addition,
also being the South line of the Union Pacific Railroad right-of-way;
— Thence Northeasterly through the Union Pacific Railroad right-of-way to the
Southwest corner of Lot 7 of East Gardens;
— Thence North along the West line of Lots 7 and 6 to the Northwest corner of
Lot 6 Gardens Addition;
— Thence Northeasterly along the North line of said Lot 6 to a point Two
hundred Seventy-six and Twenty-one hundredths (276.21) feet Southwesterly
of the Northeast corner of said Lot 6, said point being the Southwest corner
of a parcel described in Book 1067 at Page 1046 of the Saline County
Register of Deeds;
— Thence North along the West line of said parcel for a distance of One
hundred Twenty and Seven hundredths (120.07) feet to a point on the North
line of Lot 5, Three hundred Sixteen and One hundredth (316.01) feet
Southwesterly of the Northeast corner of Lot 5 of East Gardens Addition;
— Thence Northeasterly through the York Street right-of-way to a point on the
South line of Lot Four (4) of East Gardens Addition and Two (2) feet East of
the West line of said Lot Four (4);
— Thence North along a line Two (2) feet East of and parallel with the West
line of said Lot Four (4) for a distance of One hundred Forty-two and
Seventy-nine hundredths (142.79) feet to a point on the South line of Lot
Three (3) of East Gardens Addition;
— Thence Southwesterly along the South line of said Lot Three (3) for a
distance of Two and Eleven hundredths (2.11) feet to the Southwest corner of
said Lot Three (3);
— Thence North along the West line of said Lot Three (3) for a distance of One
hundred Three and Sixty-seven hundredths (103.67) feet to the Northwest
corner of said Lot Three (3), also the Southwest corner of Block Two (2) of
Northeast Industrial Park;
— Thence North along the West line of said Block Two (2) for a distance of
Two hundred Seventy-four and Seventy-four hundredths (274.74) feet to the
Northwest corner of said Block Two (2), also the Southerly line of railroad
right-of-way;
— Thence Southwesterly along said Southerly railroad right-of-way to a point
Thirteen hundred and Twenty (1,320) feet West of the East line of said
Section Twelve (12);
— Thence North on a line Thirteen hundred and Twenty (1,320) feet West of
and parallel with the East line of said Section Twelve (12)to the South line of
Section One (1) Township Fourteen (14) South Range Three (3) West of the
Sixth Principal Meridian;
— Thence continuing North on a line Thirteen hundred and Twenty (1,320) feet
West of and parallel with the East line of said Section One (1) to the South
line of Section Thirty-six (36) Township Thirteen (13) South Range Three (3)
West of the Sixth Principal Meridian;
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— Thence continuing North on a line Thirteen hundred and Twenty (1,320) feet
West of and parallel with the East line of said Section Thirty-six and the
Centerline of Ohio Street to the Point of Curvature of the centerline of Ohio
Street offset One thousand Three hundred Twenty (1,320) feet west;
— Thence along said offset of the centerline of Ohio Street on a curve to the left
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Parallel with the centerline of Ohio Street, said curve having a radius of
Three hundred Twenty and Twenty-nine hundredths (320.29) feet for a
distance of Seventy and Thirty-nine hundredths (70.39) feet;
— Thence Northwesterly along said offset for a distance of Three hundred Three
and Twenty-one hundredths (303.21) feet;
— Thence continuing along said offset on a curve to the right having a radius of
Two thousand Nine hundred Sixty and Twenty-nine hundredths (2960.29)
feet to a point on the South right-of-way of Interstate Seventy (I-70);
— Thence Easterly and Northerly along said South right-of-way to the Northeast
corner of the Replat of Foley Addition;
— Thence Northeasterly to the Northwest corner of Flying J Addition and the
South line of said right-of-way of Interstate Seventy (1-70);
— Thence Northeasterly along the North line of said Flying J Addition and said
South right-of-way to the Northeast corner of said Flying J Addition;
— Thence East perpendicular to the centerline of Ohio Street to a point One
thousand Three hundred Twenty (1,320) feet east of said centerline;
— Thence South on a line One thousand Three hundred Twenty (1,320) feet east
of said centerline for a distance of One thousand Sixty-three (1,063) feet
more or less to the Point of Curvature of the centerline of Ohio Street offset
One thousand Three hundred Twenty (1,320) feet east;
— Thence along said offset of the centerline of Ohio Street on a curve to the left
having a radius of Three hundred Twenty and Twenty-nine hundredths
(320.29) feet for a distance of Seventy and Five hundredths (70.05) feet;
— Thence Southerly along said offset for a distance of Three hundred Three and
Twenty-one hundredths (303.21) feet;
— Thence continuing along said offset on a curve to the right having a radius of
Two thousand Nine hundred Sixty and Twenty-nine hundredths (2960.29)
feet for a distance of Six hundred Fifty and Sixty-three hundredths (650.63)
feet to a point One thousand Three hundred Twenty (1,320) feet east of the
West line of Section Thirty-one (31) Township Thirteen (13) South Range
Two (2) West of the Sixth Principal Meridian;
— Thence South on a line One thousand Three hundred Twenty (1,320) feet east
of and parallel with the West line of said Section Thirty-one (3 1) to the North
line of Section Six (6) Township Fourteen (14) South Range Two (2) West of
the Sixth Principal Meridian;
— Thence South on a line Thirteen hundred and Twenty (1,320) feet East of and
parallel with the West line of said Section Six (6) to the North line of Section
Seven (7) Township Fourteen (14) South Range Two (2) West of the Sixth
Principal Meridian;
— Thence South on a line Thirteen hundred and Twenty (1,320) feet East of and
parallel with the West line of said Section Seven (7) to a point on the South
line of the railroad right-of-way and the North line of Cloverdale Addition;
— Thence Southwesterly along the North line of Cloverdale Addition and the
South railroad right-of-way to a point intersected by the East line of Lot One
(1) Block Three (3) of Northeast Industrial Area extended;
— Thence South along said East line of said Block Three (3) extended to the
Northeast corner of said Block Three (3);
— Thence South along the East line of said Block Three (3) for a distance of
Three hundred Ninety-seven and Sixty-five hundredths (297.65) feet;
— Thence West Fifty and Zero hundredths (50.00) feet;
— Thence South One hundred and Zero hundredths (100.00) feet to the North
line of Prospect Avenue;
— Thence Southeasterly to the Northeast corner of Lot Sixteen (16) of
Cloverdale Annex;
— Thence South along the East line of Lots Sixteen (16), Fifteen (15), and
Fourteen (14) of Cloverdale Annex;
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— Thence West along the South line of said Lot Fourteen (14) to the Northeast
corner of Lot Three (3) of Fairway Addition;
— Thence South along the East line of said Lot Three (3) and extension thereof
to the North line of Lot One (1) of Van Horne Addition to the City of Salina;
— Thence East along the North line of said Van Horne Addition to the
w Northeast corner of Van Horne Addition;
— Thence Southwesterly along the Southerly line of said Van Horne Addition to
Na point intersected by the West line of the Northerly portion of Lot Two (2)
Block One (1) of Casey's Addition to the City of Salina extended North;
— Thence South along the extension of said West line to the Northwest corner
of said Lot Two (2);
— Thence South along said West line for a distance of One hundred Fifty and
Zero hundredths (150.00) feet;
— Thence East -Northeast for a distance of Fifteen and Thirty-six hundredths
(15.36) feet to the Northeast corner of a tract described in Book 381 on Page
466 in the records of the Saline, County Register of Deeds;
— Thence South along the East line of said tract for a distance of One hundred
Seventy-three and Zero hundredths (173.00) feet to the Southeast corner of
said tract;
— Thence West along the South line of said tract for a distance of Sixty-nine
and Eighty-six hundredths (69.86) feet to the Northeast corner of Lot One (1)
Block One (1) of Casey's Addition;
— Thence South along the East line of said Lot One (1) for a distance of Two
hundred Forty and Ninety-two hundredths (240.92) feet to a point on the
North line of North Street;
— Thence West along said North line for a distance of Fifty and Twenty-six
hundredths (50.26) feet;
— Thence North for a distance of distance of Fifteen and Zero hundredths
(15.00) feet;
Thence West along said South right-of-way line for a distance of Two
hundred and Zero hundredths (200.00) feet to the point of beginning.
Containing 630.84 acres more or less."
Section 2. That sections 42-420 through 42-420.8 are hereby added to the Zoning
Regulations of the City of Salina.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, C' Clerk
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Introduced: December 11, 2006
Passed: January 8, 2007
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Donnie D. Marrs, Mayor