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7.2 Extend Countryside PDDCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE 7/14/86 TIME 4:00 P.M. AGENDA SECTION: Development NO. 7 ITEM NO. 2 ORI Gl NATI NG DEPARTMENT: COMMUNITY DEVELOPMENT Planning Divisio~p APPROVED FOR AGENDA: BY: RE: Application #PDD82-2 (Ordinance #82-8947) filed by Blue Beacon International, Inc. (Charter Investments, Inc. and Tom Dunn Enterprises, Inc.) requesting an extension to November 22, 1987 of a Preliminary PDD on Lot 5, Block 3 and Lots 3, 4, 5, 6 and the east 64' of Lots 2 and 7, Block 4, Countryside Addition to the City of Salina (approximately 1000 E. Cloud St.). On November 22, 1982, the Salina City Commission adopted Ordinance #82-8947 which approved a Preliminary Development Plan on the above referenced property. The applicant has pointed out that on the original application (#PDD82-2) for approval, a five year period for substantial completion was requested. This time limit was inadvertently omitted from the approving ordinance. Without a specific time limit, Section 42-405(b) of the Zoning Regulations provides that approvals are for three years. The applicant has requested that the original five year period be restored. On July 1, 1986, the Salina City Planning Commission formally considered the request and unanimously (5-0) recommend that the request be approved. If you concur with this recommendation, the attached ordinance should be placed on 1st reading today. 2nd reading would be scheduled for July 21, 1986. Enc. June 25, 1986 letter from Blue Beacon Application #PDD82-2 Vicinity Map Site Plan Ordinance #82-8947 Ordinance #86- 9141 cc: Morrie Soderberg Charter Investments, Inc. Tom Dunn COMMISSION ACTION MOTION BY SECOND BY TO: June 25, 1986 City of Salina City Planning Commission Mr. Keith Rawlings City County Building Salina, KS 67401 RE: PDD-82-2 Dear Mr. Rawlings: It has come to our attention that the PDD as passed by the city commission of Salina, Kansas on November 22, 1982 has possibly expired and that the ordinance is no longer valid. It is our position that the application as submitted indicated that we requested 5 years for substantial completion of the project. We request that the planning commission take whatever steps necessary to extend this PDD to the time originally requested. If you have any questions regarding this request, please feel free to contact me. Sincerely, ~o°rrrci~arS~ed:rbw:~er~ encl. PLANNING DEPT. Development Plans Attached Ownership Certificate Received Application No. /~/-~/'~ ~ Dam Filed. J~'! ~ .~1~ /~-~ Filing APPLICATION FOR PRELIMINARY PLANNED DEVELOPMENT DISTRICT (P.D.D.) 1. Applicant's Name Ch~"~r [nvos~--mcnts~ Inc. x 3. Telephone (Busing) ~9~--9991 (Home) ~--~939 4. Proj~ Name D~n Addition 6. Owner'sAOm~s P- ~. ~nW 773 ~ ~3~, ~S 67a01 Lo,(,~ F~Vm (5). ~.moc~No. ~h~.. (3), ~n~ r~TD~e- (3), Fo~ (4),' Five (5), Six (6), ~d the East 64 feet of ~ts ~o (2) and Sev~~ ~lock ~ (4), i~ ~t~y~ida AddiLioz~ Lu ~e CILy of Salina, Saline ~o~% .... ~a~S~'A0oroximeteStr~Adm~ ] ] 00 ~3 9; Area of Pro~ (~. ~. and/or acr~} 10. Pr~ntZoning ~--~ U~ 11. Pro~o~ Zoning C--3 U~ R~a ~ ] R~ n~ ~h~ w~t~l~ ~nm~l ~ment 12. Is the P, D.D. to be utiliz~ in conjun~on with ano~b~ zone or independently? I~ ~n~ ~n~ 1 y 13. A~ there any covenams of reco~ which aff~ 14. Ust rea~ns for this r~u~ (anach additional sh~m if n~W 15. Anticipated time period for substantial completion F~ ~z~ ( ~ ) y~cq ~-~ , 16. Totat ground area occupied by buildinga (scl. ft) . '~;C3 Si~.~ 17. Describe any non-residenfial uses prooosed n~v~lopm~nt of a~v~ ~escribcd -~=1 ~-~e business, wh~ch compliments the business and residen~ia.1 use of surrounding c~u.. =~j=~=~ properties. ~ommercla£ business use o~ property is Pest use; or zoned ~d being developed as co~ercial. 18. Num~rothousingunim0rooo~: Single family NO~ Mul~-famil~ NOrm . m. R.~a"o.s"~b.~m~aOO,~,o.a.dm.~ndUsema. 1981 Land 'Use Plan Map indicates are~. priate for resid~tial development; previous l~d use pl~ ~p indicated~ area CHAR_~ I~v~ESTMENTS, INC._ Applicant(si ~ /~" ~,~. /_ ~ Signature ~~/-~F ~ ' / If the applicant is to be represented by legal counsel or an authorized agent, please complete the following in order that corresDondence and communi- cations pertaining to this application may be forwarded to the authorized individual. Name of Representative R~13ral[ ~. W= ~o Address ~"!~) N. S~nt~ Fe, Post Of~e ROX ~745 ZipCode 67401 &~i a, an a Telephone(~ds,n~9 8~3 ~7~0 AreaCode 9] q White - Planning Canaw - C~W Clerk Pink - Inspection GoJd - Applicant ~)i~ A~plt. cation PDD .... 82-2. ~ R-1 to C-3, PDD L.5, B1. 3, & L.3, 4, 5, 6 & E.64' of L.2 & 7, B1. ' I ~' Countryside Add. =,--~.s-. , .... - - ~-- ~ . ~;. .,..,. ..,.,. _~ ~.~ ~... .......................... ~ ~-~. --, --~-- ~~ ~.~ x~~. _~$ ~~'x'". . ; ~~lx~~ i,~ a~ ~,', _2..~[~X Charter Investments, Inc a~d "TO~ 'D'Unn En~cer..pri ses #PDD82-2 ORDINANCE NUMBER 82-8947 (Published in The Saline Journal , ]982) AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 36 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZ0NING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezonlng of certain property therein, hereinafter described has been timely complied with, and SO NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Saline, Kansas: Section 1. AMENDMENT. DISTRICT "C-3, P.D.D.". SHOPPING CENTER, PLANNED DEVELOPMENT DISTRICT. That the Zoning District Map of the City of Saline, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 36 of the Saline Code, be and it is hereby emended so that the following described property be rezoned as follows, to-wit: Lot 5, Block 3, and the East 64 feet of Lot 2, all of Lots 3, 4, 5, 6, and the East 64 feet of Lot 7, Block 4, Countryside Addition to the City of Saline, Saline County, Kansas shall become a part of District "C-3, P.D.D.". SHOPPING CENTER, PLANNED DEVELOPMENT DISTRICT. That the use of said described property shall be subject to all the conditions, restrictions and limitations as made and provided for in Ordinance Number 8526, the same being Chapter 36 of the Saline Code, with reference to the SHOPPING CENTER, PLANNED DEVELOPMENT DISTRICT, and in addition thereto shall be subject to the following conditions, to-wit: I. Approval is subject to the approved Preliminary Development plan which is on file in the City Clerk's Office and is incorporated herein by reference. Z. That the only permitted uses on said property shall be as follows: (1) Antique shops (2) Apparel stores (3) Appliance stores (4) Banks and financial institutions (5) Barbershops (6) Beauty shops (?) B'luepr|nt|ng and photostating establishments (8) Bookstores (9) Business and professional offices (10) Camera and photographic supply stores (11) Carpet and rug stores (12) China and glassware stores (13} Contractor's offices (14) Department stores (15) Dry cleaning establishments (16) Dry goods stores (17) Florist shops (18) Food stores, including grocery stores, meat markets, bakeries and delicatessens (19) Furniture stores (20) Furrier shops, inciudlng the incidental storage and conditioning of furs (21) Gift shops (22) Governmental buildings (23) Hardware stores (24) Hobby shops (25) Interior decorating shops, including upholstering, making of draperies, slipcovers, and other similar articles which are conducted as a part of, or secondary to, a retail operation (Z6) Jewelry stores (27) Leather goods and luggage stores (28) Medical and dental clinics, and guidance centers (29) Music stores, and musical instrument sales and repair (30) Newsstands (31) Optical sales (32) Package liquor stores (33) Paint and wallpaper stores (3q) Pharmacies (35) Restaurants, including drive-up windows and incidental and accessory private clubs and dinner theatre facilities, but not including drive-in establishments. (36) Physical and ~eaith services such as private gymnasiums and reducing salons (37) Restricted production and repair limited to the following: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities (38) Sporting goods stores (39) Tailors (40) Telephone exchanges and telephone transmission equipment structures (41) Travel bureaus and transportation ticket offices (42) Yariety stores (43) Any other similar retail business not speclfically listed is permitted if it complies wlth the use limitations of the "C-3" Distrlct. (44) Accessory and temporary uses, as permitted by Article IV of the Salina Zoning Regularions (45) Signs, as.permitted by the "C-3" District except that only t~o (2) square feet of sign area for each lineal foot of building frontage is permitted. (46) Off-street parking and loading, as required by Artlcie X of the Salina Zoning Regulations 3. The use limitations from the "C-3" District. 4. No retail business shall be open for business to its customers between the hours of 12:00 midnight and 6:00 a.m. 5- The required fencing placed upon the west property line of the site (Lots Z and 7, Block 4, Countryside Addition) 6. Detailed plans and specifications for the drainage improvements including all storage ponds, outlet works, inlets, storm sewers, etc., must be approved by the Engineering Department prior to their construction. 7. No building permits shall be issued for any structure within this proposed PDD until the drainage improvements have been constructed in accordance with #6 above. An easement 25 feet wide to include the West 25 feet of the East 64 feet of Lots 2 and 7, the South 25 feet of Lots 5 and 6 and the East 64 feet of Lot 7, Block 4, and all of Lot 5, Block 3, shall be recorded separately and restricted for drainage only. Section 2. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: November 15, 1982 Passed: November 22, 1982 (SEAL) ATTEST: Keith G. Duckers, Mayor O. L. Harrison, City Clerk (Published in The Salina Journal July , 1986) ORDINANCE NUMBEP. 86-9141 AN ORDINANCE PROVIDING FOR T[IE AMENDMEHT OF ORDINAIICE NUMBER 8526, THE SAME BEING CHAPTER 42 OF TIlE SALINA CODE, AND THE ZONIHG DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZONINC OF CERTAIN PROPERTY WIT,!IN THE CITY AND iPRESCP, IBING THE PROPER USES THEREOF; Al'ID REPEALIHG OP, DINANCE NUMIJER 82-8947, WHEREAS, all conditions precedent for the amendment of the Zoning ~District Map, the rezoning of certain property therein, hereinafter described has been timely comp ed with, and SO N~O~¥, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT "C-3, P.D.D.". SHOPPING CE~;TER, PLANNED DEVELOPMEiNT DISTRICT. That the Zoning District Map of I the City of Salina, Kansas, duly adopted and published as a part of Ordinance i l'~umber 8526, the same being Chapter L~2 of the Salina Code, be and it is hereby/ ':amended so that the following described property be rezoned as follows, to-wit: Lot 5, Block 3, and the East 6~, feet of Lot 2, all of Lots 3, 4, 5, 6, and the East 64 feet of Lot 7, Block q, Countryside Addition to the City of Salina, Saline Count,:', Kansas shall become a part of District "C-3, P.D.D." SHOPPING CENTER, PLANNED DEVELOPMENT DISTP, ICT. That the use of said described property shall be lsubject to all the conditions, restrictions and limitations as made and provided I for in Ordinance Number 8526, the same being Chapter 42 of the Salina Code, with reference to the SHOPPING CENTER, PLANNED DEVELOPMENT DISTRICT, and in addition thereto shall be subject to the following conditions, to-wit: 1. Approval is subject to the approved Preliminary Development Flan which is on file in the City Clerk's Office and is incorporated herein by reference. That the only permitted uses on said property shall be as follows: (1) Antique shops (2) Apparel stores { 3) Appliance stores (4) Banks and financial institutions (5) Barbershops (6) Beauty shops ~ 7) Blueprinting and photostating establishments ¢, 8) Bookstores (9) Business and professional offices (10) Camera and photographic supply stores (11) Carpet and rug stores [12) China and glassware steres (13) Contractor's offices (14) Department stores (15) Dry cleaning establishments (16) Dry goods stores (17) Florist shops I18) Food stor~s, including grocery stores, meat markets, bakeries and delicatessens (19) Furniture stores {20) Furrier shops, including the incidental storage and conditioning of furs (21) Gift shops (22) Governmental buildings (23) Hardware stores (24) Hobby shops (25) Interior decorating shops, ir~cluding upholstering, making of draperies, slipcovers, and other similar articles which are conducted as a part of, or secondary to. a retail operation (26) Jewelry stores (27} Leather goods and luggage stores (28) Medical and dental clinics, and guidance centurs (29) Music stores, and musical instrument sales and repair (30) Newsstands (31) Optical sales (32) Package liquor stores (33'; Pai~ and wallpaper stores (34) Pharmacies (35) Restaurants, including drive-up windows and incidental and accessory private clubs and dinner theatre facilities, but not including drive-in establishemtns. (36) Physical and health service.- such as private gymnasiums and reducing salons (37) Restricted production and repair limited to the following: Alteration and custom tailoring of clothing for retail sale only; jewelry from precious metal; watches; dentures; optical lenses; and other similar activities (38) Sporting goods stores (39) Tailors (40) Telephone exchanges and telephone transmission equipment structures (41) Travel bureaus and transportation ticket offices (42~· Variety stores (43) Any ortner similar retail business not specifically listed is permitted if it complies with the use limitations of the "C-3" District (44) Accessory and temporary uses, as permitted by Article IV of the Salina Zoning Regulations (45) Signs, as permitted by the "C-3" District except that only two (2) square feet of sign area for each lineal foot of building frontage is permitted. {46) Off-street parking and loading, as required by Article X of the Salina Zoning Regulations. 3. The use limitations from the "C-3'' District. 4. No retail business shall be open for business to its customers between the hours of 12:00 midnight and 6:00 a.m. 5. The required fencing placed upon the west property line of the site (Lots 2 and 7, Block 4, Countryside Addition) 6. Detailed plans and specifications for the drainage improvements including all storage ponds, outlet works, inlets, storm sewers, etc., must be approved by the Encjineeri~§ Department prier to their construction. 7. No building permits shall be issued for any structure within this proposed PDD unti! the drainage improvements have been constructed in accordance with ~6 above. 8. An easemer~t 25 feet wide to include the ~,¥est 25 feet of the East 6~ feet of Lots 2 and 7, and the South 25 feet of Lots 5 and 6 and the East 64 feet of Lot 7, Block 4, ~nd all of Lot 5, Block 3, shall be recorded separately and restricted for orainage only. Section 2. TIME SCHEDULE FOR COMPLETION. Development of the site shall be timed according to the following schedule, to-wit: 1. Final P.D.D. completed by November 22, 1987 Section 3. That this ordina~ce shall be in full force and effect from and after its adoption and publication once i~ the official city newspaper. Introduced: July 14, 1986 Passed: July 21, 1986 [SEAL] ATTEST: Joseph M. Ritter, Mayor D. L. Harrison, City Clerk