ORDINANCE NUMBER 15-10810
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:
Lot Nine (9) except the East Fifteen Feet (E 15ft.) thereof and Lots Ten (10) and Eleven (11), in Surveyor’s Plat Twelve (12) 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. While the subject properties could be suitable for residential redevelopment, they are more suitable for an expansion of Kenwood Park and an enhanced entryway into the Bicentennial Center complex. The Midway already serves as the Ohio Street entrance into Kenwood Park and the Bicentennial Center but visibility is currently obstructed and directional and wayfinding signs are insufficient. The current R-2 zoning at the southwest corner of The Midway and Ohio inhibits the ability of the City to install an electronic message center sign that would identify the main entrance and inform the public (residents and out-of-town visitors) of upcoming Bicentennial Center and community events;
3. The Public Use – Exposition Facilities (P-EX) zoning classification being requested by the applicant was developed specifically for Kenwood Park because the existing C-3 (Shopping Center) zoning classification is not reflective of its ownership and current use. The properties at Ohio and Midway are a logical and contiguous extension / expansion of the existing public facilities use;
4. The Midway serves as a transition area between the residential corridor along Ohio Street and Kenwood Park. The requested P-EX zoning would be compatible with the future zoning and current use of Kenwood Park and nearby residential use if the proposed message center sign is appropriately sized, light spill from the sign is adequately controlled and the entryway site is adequately buffered from adjacent uses;
5. The applicant’s design plans for The Midway are consistent with existing traffic patterns and traffic flow into and out of Kenwood Park;
6. Municipal facilities, such as the Bicentennial Center, are identified as a primary use in the Public / Semi-Public land use area and approval of the requested PDD (P-EX) zoning would be consistent with the Public / Semi-Public land use designation and the Smoky Hill River Renewal Master Plan; and
7. The Bicentennial Center is an important asset of the community and the proposed sign is an important feature of the entryway.
Section 2. Amendment. DISTRICT “PDD P-EX”, PUBLIC USE-EXPOSITION FACILITIES PLANNED DEVELOPMENT DISTRICT. The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of DISTRICT “PDD P-EX”, PUBLIC USE-EXPOSITION FACILITIES PLANNED DEVELOPMENT DISTRICT.
Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to planned development districts under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to the plans on file with the Zoning Administrator and/or City Clerk and the following conditions:
1. Development and use of the Property shall be limited to the uses permitted in the Public Use – Exposition Facilities (P-EX) district and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the Public Use – Exposition Facilities (P-EX) district, except as enumerated in Section 2;
2. Exceptions and Modifications – Requested modifications of otherwise applicable zoning regulations approved by the Planning Commission under the authority of Section 42-403(12) are specifically enumerated as follows:
a) An exception to allow an electronic changeable copy message center sign to be located on a separate zoning lot from the Bicentennial Center;
b) An exception to the 20 ft. sign height limit to allow the electronic changeable copy message center sign to be 21.5 ft. in height;
c) An exception to the requirement that the electronic changeable copy message center sign be set back at least ten (10) ft. from the front property line along Ohio Street to allow the sign to be set back at least 2 feet from the front property line along Ohio Street;
d) An exception to the maximum sign size of 100 sq. ft. to allow the electronic changeable copy sign to be of a maximum size of 176 sq. ft; and
e) An exception to the requirement that the electronic message center portion of the sign not exceed 50% of the total sign area to allow the electronic message center portion of the sign to not exceed 82% of the total sign area;
3. The electronic changeable copy message center sign shall be equipped with automatic dimmer controls;
4. The electronic changeable copy message sign shall have a shroud at least eleven (11) inches in width around the edge of the face of the sign;
5. The electronic changeable copy message center sign shall not operate between the hours of 10:00 p.m. and 7:00 a.m., except when a scheduled public event extends beyond 10:00 p.m., the sign may operate no later than 30 minutes after the conclusion of the event; and
6. Development of the Property shall substantially conform with the approved preliminary/final site development plan which is herein incorporated by reference.
Section 4. Repealer. All prior ordinances relating to the Property are repealed to the extent they are in conflict with this ordinance.
Section 5. Summary of ordinance for publication. 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. 15-10810 Summary
On March 7, 2016, the City of Salina, Kansas passed Ordinance No. 15-10810. The ordinance changes the zoning district classification of Lot Nine (9) except the East Fifteen Feet (E 15ft.) thereof and Lots Ten (10) and Eleven (11), in Surveyor’s Plat Twelve (12) in the City of Salina, Saline County, Kansas (aka 330 South Ohio Street and 332 South Ohio Street) from R-2 (Multi-Family Residential) to PDD (P-EX) (Public Use – Exposition Facilities Planned Development District). A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Introduced: November 2, 2015
Passed: March 7, 2016
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney