News Releases

11/19/2019 - Ordinance No. 19-11022 Changing the Zoning District Classification (1430 Beverly Drive)

ORDINANCE NUMBER 19-11022

                   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 PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY AND APPROVAL OF A SITE DEVELOPMENT PLAN IN ACCORDANCE WITH SALINA CODE SECTIONS 42-409.1 THROUGH 42-409.21.

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 One (1), Block One (1) of the Forshee Addition to the City of Salina, Saline County, Kansas. (the “Property”)

the following findings support PC-3 zoning for the site:

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.     The property at 1430 Beverly Drive meets the minimum dimensional requirements for a C-6 zoning lot and has frontage on and access to a public street;

3.     The property at 1430 Beverly Drive is not suitable for new residential development because of surrounding development, particularly the contractor’s offices and commercial buildings to the north along Armory Road;

4.     The north side of Beverly Drive has a mix of zoning and uses and the property at 1430 Beverly Drive is adjacent to existing C-6 zoned property and commercial buildings to the west and I-1 zoned property to the north. A commercial building limited to personal storage will not negatively impact nearby residential properties;

5.     Utilities and fire protection are adequate to support a commercial storage building in this location;

6.     If use of this property is limited to a building used for personal storage there will be a minimal impact on traffic volume on Beverly Drive;

7.     The north side of Beverly Drive is a transition zone between an Employment (Industrial) land use area to the north and a Suburban Residential area to the south; and

8.     The applicant has a specific development plan for the Property.

The following finding supports approval of the site development plan for the property:

1.     The site development plan submitted for the proposed storage building meets the development standards set out in Sec. 42-409.14 of the Salina Code;

Section 2.  Amendment.  DISTRICT “PC-6” PLANNED HEAVY COMMERCIAL DISTRICT.  The Zoning District Map of the City of Salina, Kansas is amended to rezone the Property as part of District “PC-6” Planned Heavy Commercial District.

Section 3.  Site Development Plan Approval.  The site development plan for the proposed storage building as presented is approved and incorporated as part of this ordinance (the “Site Development Plan”).  A copy of 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-6” Heavy Commercial 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 and (b) the following conditions:

1.     Zoning district regulations.  Development and use of the Property shall be limited to a building used for storage of building materials, vehicles and equipment and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the “C-6” Heavy Commercial 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 storage building site shall be subject to the following additional conditions:

1.     All storage of building materials and equipment, other than vehicles and trailers, must be maintained inside the proposed building.

2.     The proposed building shall be constructed with a gutter and downspout system that effectively directs roof runoff to Beverly Drive with no storm water being diverted to any of the neighboring properties.

3.     The property owner shall submit a site lighting plan and cut sheets for proposed exterior lighting fixtures for review prior to installation. Exterior lighting fixtures shall be shaded so that no direct light is cast upon any property located in a residential district and so that no glare is visible to any traffic on any public street.

4.     All landscaping, 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 property owner.

5.     Development of Phase I and Phase II (a proposed 45 ft. x 66 ft. addition) of the proposed storage building site shall be completed in accordance with the approved site development plan and landscape plan which are herein incorporated by reference. Any major deviations from the approved site development plan must be reviewed and approved by the Planning Commission.

6.     A building permit for this project shall be obtained within 18 months of site plan approval.

7.     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. 42-409.19, if construction based on a valid building permit has not 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 storage building 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.  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. 19-11022 Summary

On November 18, 2019, the City Commission passed Ordinance No. 19-11022.  The ordinance changes the zoning district classification of property located on the north side of Beverly Drive west of Broadway Boulevard (1430 Beverly Drive) to PC-6 Planned Heavy Commercial District to allow construction of a commercial storage building on the site.  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.

                                                                                                                                        Introduced:      November 4, 2019

                                                                                                                                        Passed:            November 18, 2019

                                                                                                                                                                  ___________________________________

                                                                                Trent W. Davis, M.D., Mayor

[SEAL]

ATTEST:

______________________________

Shandi Wicks, CMC, City Clerk

The publication summary set forth above is certified this ____ day of November, 2019.

______________________________________________

Greg A. Bengtson, City Attorney