Planning commission approves permanent seasonal fireworks sales structure near I‑135

The Saline County Planning and Zoning Commission approved a conditional use permit (CUP 25‑02) on May 27 to allow a permanent commercial structure for seasonal fireworks sales at the southwest corner of I‑135 and K‑140. The commission voted unanimously to approve the permit with the conditions recommended by staff.

The permit applies to a parcel described by staff as being in Section 15, Township 14, Range 3 and zoned light industrial. County planning staff reported that the applicant — identified in the agenda materials as Chris Helm of Helm Fireworks — has been preparing the site since 2022 and obtained a new entrance approval from the Kansas Department of Transportation. Staff said the parcel lies within the 1% annual-chance floodplain but that the applicant had been approved by the Kansas Division of Water Resources for floodplain fill and had survey verification of the finished floor elevation above the base flood elevation.

Staff recommended approval with conditions intended to address building code, flood elevation, setbacks and seasonal storage. Those conditions include: submitting the project for commercial permit review and meeting adopted commercial building codes; verifying finished floor elevation to be at or above the base flood elevation (or elevating the finished floor 2 feet above base flood elevation if no LOMA is sought); moving the structure 20 feet farther from the right of way to meet the 50‑foot setback in the county fireworks resolution or providing written confirmation from the fire district chief or KDOT that the existing 30‑foot setback does not pose a traffic or safety hazard; securing off‑season storage so fireworks are not stored long term on the property; and maintaining the exterior of the structure so it does not become an attractive nuisance during the off season.

Tim (county planning staff) told the commission the site is approximately 1,100 feet from the closest residence to the west and that staff had not received written public comments on the case before the meeting. At the public comment period one speaker, Morton Mammal of Salina, raised safety concerns about having explosive materials near the interstate and asked whether purchase records would be kept; Mammal said he was a military EOD veteran and urged protective barriers around the sales site. The applicant representative said the owner has installed the KDOT‑approved entrance, has worked with staff and KDOT for compliance, and “we have no objections to any of those” recommended conditions.

After public comment, a commissioner moved to approve CUP 25‑02 with staff’s listed conditions; the motion was seconded and carried unanimously. County staff explained on the record that approval becomes final after a 14‑day period unless a valid protest petition is filed. If a protest petition signed by at least 20% of the property owners who received notice is submitted within 14 days, the case would go to the County Commission and require a supermajority to overturn the planning commission’s action. If no petition is filed, the approval becomes final after 14 days.

The approval does not remove the need for any subsequent permit reviews or state approvals noted in staff conditions: commercial permit review with the City of Salina, confirmation the foundation meets adopted commercial codes, and required floodplain elevation verification or a letter of map amendment if the applicant seeks to remove the structure from the floodplain.

Votes at a glance: CUP 25‑02 — approved by the Planning and Zoning Commission (unanimous vote). The motion as recorded on the audio record was to “approve CUP 25‑02 with the conditions as listed in our agenda.” No individual commissioner names were recorded on the vote in the meeting transcript.