ORDINANCE NUMBER 21-11056
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 AMENDING SECTION 4 OF ORDINANCE NUMBER 18-10940; PROVIDING ADDITIONAL CONDITIONS APPLICABLE TO THE SUBJECT PC-3 ZONING DISTRICT; APPROVING A SITE DEVELOPMENT PLAN IN ACCORDANCE WITH SALINA CODE SECTIONS 42-409.1 THROUGH 42-409.21; AND REPEALING EXISTING SECTION 4 OF ORDINANCE NUMBER 18-10940.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. In relation to the following described real estate:
Lots 1, 2, 3, 4 and 5, less the North 3 ft. of Lots 2 and 3, in the Replat of the West Half of Block 10 of the Riker Addition and Lot 6, less a 44 ft. x 5 ft. tract in the southeast corner of Lot 6 and the West 96 ft. of Lots 9 and 10 in the Replat of the East Half of Block 10, Riker Addition to the City of Salina, Saline County, Kansas (the “Property”)
The Governing Body makes the following findings:
- By Ordinance Number 18-10940 adopted on second reading on June 11, 2018, the Property was rezoned to PC-3 with development and use of the Property limited to the uses permitted in the C-3 Shopping Center District, subject to the bulk regulations, use limitations and sign regulations applicable to the “C-3” Shopping Center District without modification.
- Sunset Custard DT, LLC (the “Applicant”) proposes to construct a restaurant with 100 percent outdoor dining and no indoor dining on a tract of the Property described as a portion of Lots 2,3 and 5 in the Replat of the West Half of Block 10, Riker Addition to the City of Salina, Saline County, Kansas (the “Site”).
- Although restaurants are a permitted use in the C-3 district, their outdoor dining areas are limited to no more than 50 percent of their indoor dining areas, prompting the Applicant to request a modification of the use limitation applicable to the Property be modified to allow 100% outdoor dining on the Site.
- The Planning Commission conducted a public hearing on the Applicant’s request to amend the existing PC-3 district and request for final site development plan approval on March 2, 2021.
- The Planning Commission unanimously recommended approval of the requested modification to the C-3 development limitations to allow 100% outdoor dining, based upon the following findings:
- As proposed, the outdoor dining area will not have an adverse impact on neighboring properties;
- The Site was previously zoned C-5 which would have allowed unlimited outdoor dining by right; and
- The applicant has a specific development plan for the Site.
- While the City Commission did not reserve deferred site development plan approval pursuant to S.C. Section 42-409.18 in the case of this PC-3 zoning district, for the reason that final approval of the proposed site development plan for the Site was dependent upon modification to the C-3 development limitations to allow 100% outdoor dining by the Governing Body, approval of the site development plan for the Site is deemed to remain within the purview of the Governing Body.
- The Planning Commission unanimously recommended approval of the proposed site development plan for the Site based upon its findings outlined in the staff report accompanying consideration of this ordinance.
- The Governing Body adopts the findings of the Planning Commission as if fully set forth herein and finds that the site development plan submitted for the Site (Freddy’s Frozen Custard restaurant at 916 East Crawford Street) meets the development standards set out in Sec. 42-409.14 of the Salina Code.
Section 2. Amendment of Section 4 of Ordinance Number 18-10940. Section 4 of Ordinance Number 18-10940 is amended to read as follows:
Section 4. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the “C-3” Shopping Center 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:
- Zoning district regulations.Development and use of the Property shall be limited to the uses permitted in the “C-3” Shopping Center District and shall be subject to the bulk regulations, use limitations and sign regulations applicable to the “C-3” Shopping Center District, except as enumerated in sub-point 2 below.
- Modifications.Pursuant to Salina Code Sec. 42-409.7, otherwise applicable district regulations are modified as follows:
- A modification to Section 42-286(2) of the C-3 district use limitations, which limits outdoor patio seating for restaurants to fifty percent (50%) of the size of the indoor eating space, to allow the Freddy’s Frozen Custard restaurant to have one hundred percent (100%) of their dining area outdoors.
- Any conditions imposed as a result of planning commission review and approval of the site development plans on the remaining Property in the district; and
- No building permits shall be issued for the remaining Property in the district until the site development plan has been approved by the planning commission.
- Construction of the rear shared access drive connecting the Popeye’s site to Lewis Street shall be completed as part of the next phase of development on the remaining Property.
Section 3. Site Development Plan Approval. The site development plan for the Site (Freddy’s Frozen Custard restaurant) 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. Additional conditions. Development and use of the Site (Freddy’s Frozen Custard restaurant) shall be subject to the following additional conditions:
- Construction of the rear shared access drive connecting the Popeye’s site to Lewis Street shall be completed as part of the Site (Freddy’s Frozen Custard restaurant) development. Construction of the access drive shall be completed prior to the issuance of a Certificate of Occupancy for the restaurant.
- Signage shall be limited to one (1) pole or ground sign with a maximum permitted sign area of 120 square feet and a maximum sign height of 30 ft. Façade or wall signs shall be subject to the C-3 sign regulations.
- All landscaping, sidewalk, 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 applicant.
- The project shall be completed in substantial conformance with the approved site development plan, landscape plan and associated sign and building elevation drawings which are hereby incorporated by reference.
- A building permit for this project shall be obtained within 18 months of site plan approval.
Section 5. 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 Freddy’s Frozen Custard restaurant site unless and until a new site development plan has been approved by the board of commissioners.
Section 6. Repealer. Section 4 of Ordinance No. 18-10940 and all prior ordinances in conflict herewith as they relate to the Property are repealed. The remaining sections of Ordinance No. 18-10940 remain in effect.
Section 7. 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. 21-11056 Summary
On April 5, 2021, the City Commission passed Ordinance No. 21-11056. The ordinance amends an existing PC-3 Planned Shopping Center District located on the southeast corner of East Crawford Street and Lewis Street to allow a proposed Freddy’s Frozen Custard restaurant to have 100% of their seating area outdoors in place of the current limitation on outdoor seating of no more than 50% of their indoor seating. 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: March 22, 2021
Passed: April 5, 2021
Melissa Rose Hodges, Mayor
Cheryl Mermis, Deputy City Clerk
The publication summary set forth above is certified this ____ of April, 2021.
Greg A. Bengtson, City Attorney