06-10366 Affidavit of Publication
Following is a true and correct copy of Ordinance No.06-10366 l
together with proof of publication of the same. -
g P P drives and aisles
The North Ohio Street Gateway Overlay Dis-
Gateway Overlay District trict shall be one,hun- within the North
shall function as an dred fifty (150) feet, Ohio Street Gate-
overlay zoning district. except for pre-existing way Overlay District
The North Ohio Street lots of record. shall be paved with
AFFIDAVITGateway Overlay District (2) Minimum lot area. asphalt or concrete
requirements shall su- The minimum lot area in accordance with
persede the regulations within the North Ohio Section 42-552
of the underlying zoning Street Gateway Over- (e)(2) of the zoning
I, Ann Garrison ,being district where such dis- lay District shall be fif- ordinance.
trict's regulations are in teen thousand (2) Off-street.loading
conflict with the provi- (15,000)sq.ft.,except areas.
sions of this chapter. All for pre-existing lots of a. Location. Off-
duly sworn, declare that I am the Majors/Nationals regulations of the under- record. street loading areas
lying zoning district shall (3) Minimum setbacks serving buildings
remain in effect as den- and yard areas with frontage on
Coordinator of THE SALINA OURNAL, a daily news- tified in the North Ohio a. Front yard: fifty Ohio Street shall be
1 y Street Gateway Overlay (50) feet abutting or located of theebsi de
District regulations. Ohio Street. For all
The regulations estab- other lots abutting ing.
paper published at Salina,Saline County,Kansas,and lished herein shall apply public streets, the b. Screening. All
to all new development, loading areas,
P required setbacks in ht docks, truck
major redevelopment the underlying zon- freight
of general circulation in said county,which newspaper and major building addi- ing district shall ap- berths or truck park-
tions within the district Ply. ing areas, vehicle
that is currently located b. Side yard: twenty repair,service,wash
within the city limits or is (20) feet on lots and maintenance
has been continuously and uninterruptedly published subsequently annexed abutting Ohio Street, bays,garages or ga-
into the city. Major rede- except when located rage doors, or any
velopment shall be de- adjacent to property other similar facili-
for five consecutive years prior to first publication of at- fined as renovation or in a residential dis- ties located within
y p p one hundred 100
reconstruction that ex- ( )
ceeds fifty (50) percent trict where a ack feet of any public
of the appraised value of shall foot back street and which
tached notice,and that the attached pp For be required.s he
existing improvements. For all other lots the face the street,shall
A major addition is an required setback in be screened from
addition that results in a the underlying zon- the view of the street
Ordinance No.06-10366 fifty(50)percent or more ing district shall ap- by a solid wall or
increase in the gross fence or densely
floor area of an existing Ply. planted hedge of not
9 c.Rear yard:twenty- 6
building. five(25)feet on lots less than six(6)feet
has been correctly published in said news a er 1 Sec. 42-420.2 Permitted in height. A chain
y p p p Uses. abutting Ohio Street, link fence with slats
except when located shall not be consid-
No land shall be used adjacent to property
and no buildings shall be in a residential dis- erect solid screening.
times, the first publication given in erected for,converted to If the combination of
trict where a fifty landscaping and
or used for any principal (50) foot setback P g
or accessory use other landscape within the
Y shall be required. landsca a setback
the issue of January 13 2007. than such uses as are For all other lots the creates a solid visu-
allowed in the underlying required setback in
zoning district,in accord- the underlying zon- al barrier equal to
ance with Article VI of that provided by sol-
\—` 4�I j ing district shall ap- id wall or fence at
} `l i'l� -y 1__. this ordinance. Ply.
S
•ec.42-420.3 d. Gasoline pumps, the time of planting,
Conditional Uses. air and water serv- the screening wall or
Uses requiring approval ice, canopies and fence is not re-
// of a Conditional Use other fixtures used quired.
Subscribed and sworn to before me,this Permit shall be allowed in connection with c. Surfacing. All off-
in the underlying zoning gasoline delivery street loading areas
zoo-7 district only in accord- shall be located no and access drives
ance with Articles VI and within the Gateway
day of ) n U / 1 A.IY2605 less than thirty (30) Overlay District shall
y 1 XIII of this ordinance. feet from the proper- be paved with as-
Sec.42-420.4 ty line of any abut- p
Prohibited Uses. phalt or concrete.'
ting street;however, As an alternative to
OaL/(–A___ ---� Uses which are not list- a canopy may be asphalt or concrete,
/ ed as permitted or condi-
tional constructed which p
/ Notary Public uses in the under- further extends to off-street parking
I in district shall not be spaces, access
NOTARY PUBLIC•S13tt M K N lying feet within fifteen e ty drives and aisles
` allowed. In addition,the feet of front property
_ " WENDY CHROBAK following uses which line may be surfaced
f g - My Appt.Exp. S`72-Q.Cr may otherwise be per- (4)Maximum structure with alternative,
miffed by right or by con- height.The height limit methods of paving,
ditional use permit in the of the underlying zon- provided that the
(Published In The Salina underlying zoning district ing district shall apply pavement surface
Journal January 13,2007) shall not be permitted as within the North Ohio and base for any al-
ORDINANCE NUMBER The primary principal uses within the Street Gateway Over- ternative to asphalt
p ry purpose of Y and concrete must
06-10366 the North Ohio Street North Ohio Street Gate- lay District.
AN ORDINANCE way Overlay District: y be designed by a
Gateway Overlay District y y (5) Maximum lot cov-
AMENDING CHAPTER 42, (1)Adult book stores professional engi-
regulations is to estab- O ground The of maximum neer licensed in the
ARTICLE VII OF THE SALT- lish a framework for site (2)Adult cabarets ground area the a zon- ''i State a of Kansas and
NA CODE BY ADDING planning and design to (3)Adult motels ing lot within the North reviewed and a
SECTIONS 42-420 – 42- ensure development of a (4) Adult only movie Ohio Street Gateway ap
-
420.8 theatres Y proved by the City
420.8 PERTAINING TO high quality along the Overlay District that Engineer. - pave-
DISTRICTS. OVERLAY North Ohio corridor.The (5) Concrete or as- may be covered by Engi cross-section
DISTRICTS. purposes of the North phalt batch plants buildings is fifty (50) shall cross-section section
BE ORDAINED by the Ohio Street Gateway (6) Drinking establish- percent of the lot area. provided
Governing Body of the City Overlay District regula- ment without food Sec.42420.6 demonstrating the
of Salina,Kansas: tions shall also include sales Development standards. structural ability of
Section 1. That Chapter the following: 7) Feed lots, stock- (1) Off-street the design to sup-
g: ( ) parking
42, Article VII, Division 3, (1) Emphasize the in- yards and rendering areas. port the anticipated
Section 42-420 through 42- terstate access at plants a. Front yard set- vehicle loads.
420.7 of the Salina Code is Ohio Street and Inter- (8)Flea Markets back. The minimum (3) Outdoor storage
hereby added to read as fol- state 70 as a major (9)Junk dealers setback from the and display.
lows: entryway into the city. (10) Manufactured street right-of-way a. Location. No out-
"Sec.42-420. (2) home sales lots
( ) Encourage high line to parking areas door storage shall
North Ohio Street Gate- quality development (11)Massage parlors or driving aisles lo- be permitted in that
way Overlay District. as a strategy for inves- (12)Pawn shops cared in the front area of the property
The North Ohio Street ting in the city's future. (13)Petroleum refiner- yard shall be fifteen between the front of
Gateway Overlay District (3)Shape the district's ins (15) feet. The first the principal building
is designed and intend- appearance, aesthetic (14)Salvage yards ten (10) feet of this or buildings and the
ed to protect and en- quality, and spatial (15) Sand, gravel or setback abutting the public street on
hance the aesthetic and form. earth mining opera- street must consist which the principal
visual character of the (4) Protect and en- Lions of turf grass main- building or buildings
North Ohio gateway into hance property values. (16)Scrap dealers rained as an uninter- front.
the city from Interstate (5) Enhance the city's (17)Scrap metal pros- rupted yard.The re- b. Screening. Out-
70. In accordance with sense of place and essing and storage maiming setback door storage in the
the Salina City Commis- contribute to the sus- (18)Tattoo parlors area abutting the side or rear yard
sion's strategic goal of tainability and lasting (19) Trash collection parking area or driv- shall be effectively
encouraging quality, value of the city. service or transfer sta-q ing aisle must be de- screened from pub-
market driven, mixed (6) Provide property Lion veloped with vegeta- lic streets and ad-
use development it is in- owners, developers, Sec.42-420.5 five screening or joining property by a
tended to insure that architects, engineers, Bulk regulations. landscaping in ac- solid wall or fence or
land development adja- builders, business (1) Minimum street cordance with the densely planted
cent to North Ohio Street owners,and other with frontage. The mini- city's landscaping hedge of not less
occurs in a manner that a clear apd equitable mum street frontage regulations. than six (6) feet in
improves the overall ap- set of regulations for for lots within the b. Surfacing. All height.The height of
pearance of major en- developing land. North Ohio Street open off-street park- stored items shall
tryways into the city. Sec. 42-420.1 Application ' ing spaces, access
of regulations.
not be permitted to a. Any exterior build- The provisions of the North - Thence North along - Thence along said
exceed the height of ing wall facing Ohio Ohio Street Gateway Over- the West line of said offset of the centerline the Northeast corner
the visual screening Street shall be con- lay District shall apply to the Block Two (2) for a of Ohio Street on a of Van Home Addition;
device. A chain link structed of one of the following area: distance of Two hun- curve to the left having' -Thence Southwester-
fence with slats shall following materials: Commencing at the dred Seventy-four and a radius of Three hun-1 ly along the Southerly
not be considered a 1.Masonry brick. Southeast corner of the Seventy-four hun- dred Twenty and line of said Van Home
solid fence for 2.Natural stone. Northeast Quarter of dredths (274.74) feet Twenty-nine hun- Addition to a point in-
screening purposes. 3. Customized con- Section Twelve (12) to the Northwest cor- dredths (320.29) feet tersected by the West
c.Trash enclosures. crete masonry with Township Fourteen (14) ner of said Block Two for a distance of Sev- line of the Northerly
Trash receptacles striated, scored or South Range Three (3) (2),also the Southerly enty and Five hun- Portion of Lot Two (2)
shall be visually broken faced brick West of the Sixth Princi- line of railroad right-of- dredths(70.05)feet;• Block One (1) of
screened on three type units (sealed) pal Meridian; way; - Thence Southerly Casey's Addition to
(3) sides by a solid with color consistent - Thence North along -Thence Southwester- along said offset for a the City of Salina ex-
wall or fence not with design theme. the East line of said ly along said Southerly distance of Three hun- tended North;
less than six(6)feet 4. Poured in place, Northeast Quarter for railroad right-of-way to 1 dred Three and Twen- - Thence South along
in height measured tilt-up or pre-cast a distance of Fifty(50) a point Thirteen hun- ty-one hundredths the extension of said
at the highest finish- concrete. Poured in feet to the intersection dred and Twenty West line to the North-
ed grade.The height place and tilt-up of said East line and Y (303.21)feet; west corner of said Loi
g g P (1,320) feet West of 1 - Thence continuing (2);
of the trash recepta- walls shall have a the North right-of-way the East line of said along said offset on a •
cle shall not be per- finish of stone,a tax- of North Street extend- Section Twelve(12); curve to the right hav- - Thence South along
milted to exceed the ture or a coating. ed, said point being - Thence North on a ing a radius of Two said West line for a
height of the visual 5.Steel frame struc- the point of beginning; line.Thirteen hundred thousand Nine hun- distance of One hun-
screening device. tures with architec- - Thence West along and Twenty (1,320) dred Sixty and Twen- dred Fifty and Zero
Screening shall not tural flat metal pan- said North right-of-way feet West of and paral- ty-nine hundredths hundredths (150.00)
be required on the els or glass curtain and extension thereof lel with the East line of (2960.29) feet for a feet;
used for access walls. for a distance of Two said Section Twelve distance of Six hun- Thence East-North-
side
by garbage pickup i 6. Stucco, or similar hundred(200)feet; (12)to the South line of dred Fifty and Sixty- east for a distance nce of of
services. Such side cement based dura- -Thence South along Section One(1)Town- three hundredths I Fifteen and Thirty-six
shall not face any ble material. said right-of-way for a ship Fourteen (14) (650.63)feet to a point hundredths (15.36)
adjacent public b. Non-decorative ex- distance of Ten (10) South Range Three One thousand Three feet to the Northeast
street. posed concrete block feet; corner of a tract de-
d. Merchandise dis- buildings are prohibit- - Thence West along Principal West of the Sixth hundred Twenty scribed in Book 381
9 P a Principal Meridian; (1,320)feet east of the on Page 466 in the re-
play. The outside ed, as are pre-engi- said right of way for a - Thence continuing West line of Section
display of merchan- neered metal build- distance of Three hun- North on a line Thir- Thirty-one (31) Town- cords of the Saline,
dice incidental to a ings, corrugated met- dred Seventeen and teen hundred and ship Thirteen (13) County Register of
permitted use shall al-sided buildings,and Eighty-two hundredths Twenty (1,320) feet South Range Two (2) Deeds;
be allowed per the wood sided buildings (317.82) feet to the West of and parallel Wait of the Sixth Prin- -Thence South along
underlying zoning unless such metal West line of the East with the East line of cipet Meridian; the East line of said
district. Merchandise buildings and wood One Hundred Twenty said Section One (1) - Thence South on a , tract for a distance of
display areas must sided buildings are en- (120) feet of Lot 3 to the South line of line One thousand One hundred Seventy-
be setback at least hanced on all eleva- Block 1 of Stanion Ad- Section Thirty-six (36) Three hundred Twenty three and Zero hun-
fifteen(15)feet from tions by the applica- dition; Township Thirteen (4,320) feet east of dredths (173.00) feet
the right-of-way line Lion of brick, decora- - Thence North along (13) South Range and parallel with the to the Southeast cor-
of any public street. tive masonry,or deco- said West line to the Three (3) West of the West line of said Sec- ner of said tract;
All areas utilized for rative stucco surfaces North Line of Stanion Sixth Principal Meridi- tion Thirty-one (31) to - Thence West along
outside display or Addition, also being an; the North line of Sec-,, the South line of said
storage in conjunc- in combination with the South line of the tract for a distance of
g I decorative fascia over- Thence continuing Fourteen Six (6) Township Sixty-nine and Eighty-
tion with sales or Union Pacific Railroad North on a line Thir- Fourteen (14) South
rental of motor vehi- hangs, trim, as de- right-of-way; six hundredths(69.86)
tailed above. At least teen hundred and Range Two (2) West feet to the Northeast
Iles,recreational ve- -Thence Northeaster- Twenty (1,320) feet of the Sixth Principal
hides, trailers or twenty (20) percent of 1 through the Union corner of Lot One (1)
Y 9 West of and parallel Meridian;
the exposed exterior Pacific Railroad right- Block One (1) of
boats shall be paved 9 with the East line of' - Thence South on a�
with asphalt or con- wall must consist of of-way to the South- Casey's Addition;
p Y said Section Thirty-six line Thirteen hundred
crete. decorative material. west corner of Lot 7 of Thence South along
(4) Landscaping and g East Gardens; and the Street Centerline the and Twenty of (1 oral-
C. In the design of the East line of said
O P 9 Ohio Street to the feet East of and paral-
screening. buildings or clusters of - Thence North along Point of Curvature of lel with the West line Lot One (1)for a dis-
a. Front and areas. buildings, developers the West line of Lots 7 tance of Two hundred
Y the centerline of Ohio of said Section Six(6)
Front yard landscap- should orient projects and 6 to the Northwest Street offset One thou- to the North line of Forty and Ninety-two
ing shall be provided so that the side facing corner of Lot 6 Gar- hundredths (240.92)
g P Ohio Street forms the sand Three hundred Section Seven (7) t feet to a point on the'
on all zoning lots with- dens Addition; Twenty (1,320) feet Township Fourteen ,
in the North Ohio front of the project. -Thence Northeaster- west; (14)South Range Two ' North line of North
Street Gateway Over- Where fronting toward I along the North line Street;
y Y 9 Thence along said (2) West of the Sixth ■ - Thence West along
lay District in accord- Ohio Street is not tea- of said Lot 6 to a point y P offset of the centerline
ance with Section 42- sible due to the loca- Two hundred Seventy- Principal Meridian; said North line for a
tion of access roads n' of Ohio Street a a P distance of Fifty and
65 of the Zoning Ordi- six and Twenty-one curve to the left Paral- - Thence South on a ftY
nance and subsequent and other site con- hundredths (276.21) line Thirteen hundred Twenty-six hundredths
q ( ) lel with the centerline
amendments thereto. straints, the project feet Southwesterly of and Twenty 1,320 r (50.26)feet;
should be oriented Y of Ohio having Street, said ty ( - • - Thence North for a
b.Screening.Side and the Northeast corner curve having a radius feet East of and paral-
rear and areas shall and designed in such of said Lot'6, said lel with the West line distance of distance of
Y a manner so as to of Three hundred Fifteen and Zero hun-
ance screened in accord- point being the South-' Twenty and Twenty- of said Section Seven
ance with the require- convey a pleasing ap- west corner of a parcel (7) to a point on the dredths(15.00)feet;
q pearance from Ohio P nine hundredths O P - Thence West along of the underly- P described in Book (320.29)feet for a dis- South line of the rail- 9
ing zoning district. Street and treated per . 1067 at Page 1046 of tance of Seventy and road right-of-way and said South right-of-
c. Additional require- a.&b.above. the Saline County the North line of Clo- way line for a distance
q tY Thirty-nine hundredths
ments. d.Where additions are Register of Deeds; verdale Addition; of Two hundred and
for buildings (70.39)feet; 1
1. A minimum of proposed 9 - Thence North along -Thence Northwester- ' -Thence Southwester- Zero hundredths
twenty (20) percent constructed prior to the West line of said ly along the North line (200.00) feet to the
ty ( ) p a along caid offset for 9
of the total area of the effective date of parcel for a distance of of Cloverdale Addition i point of beginning.
a distance of Three
each zoning lot shall this Ordinance and One hundred Twenty and the South railroad Containing 630.84
g is Twenty-one Three and acres more or less."
be devoted to land- such buildings do not and Seven hundredths Twenty-one hun- right-of-way to a point
• scaped open space. comply with the stand- (120.07)feet to a point dredths(303.21)feet; intersected by the Seotlon 2. That sections
2. All open areas of ards in this section, on the North line of Lot East line of Lot One 42-420 through 42-420.8 are
p - Thence continuing
any lot not used for such additions need 5, Three hundred Six- along said offset on a (1) Block Three (3) of hereby added to the Zoning
parking, driveways . not comply with the teen and One hun- Northeast Industrial Regulations of the City of
P 9. Y curve to the right hav-
or storage shall be ' standards in this sec- dredth (316.01) feet Area extended; Salina.
g ( ) ing a radius of Two
landscaped with tion as long as the ad- Southwesterly of the thousand Nine hun- - Thence South along Section 3. That this ordi-
trees,shrubs,berms dition(s)are not in ex- Northeast corner of dred Sixty and Twen- said East line of said nance shall be in full force i
and planted ground cess of fifty (50) per- Lot 5 of East Gardens Block Three (3) ex- and effect from and after its
P 9 ty-nine hundredths adoption and publication cover. cent of the existing Addition; (2960.29) feet to a tended to the North- P P
3. All parking areas floor area of the exist- Thence Northeaster- east corner of said once in the official city news-',
P 9 point on the South
shall be landscaped ing building. Additions ly through the York Block Three 3; paper. I
P Y 9 right-of-way of Inter- O ,
with a buffer strip in excess of fifty (50) Street right-of-way to a -Thence South along I
P 9 Y -state Thence (1-70); d Introduced:
not less than fifteen percent of the existing point on the South line -Thence Easterly and the East line of said
15 feet wide locat- floor area of an exist- of Lot Four(4)of East Block Three (3) for a December 11,2006
( ) ( ) Northerly along said
ed between the ing building shall corn- Gardens Addition and South right-of-way to distance of Three hun-
edge
of the right-of- ply with the standards Two (2) feet East of dred Ninety-seven and Passed:
g ( ) the Northeast corner ty January 8,2007
way of the adjacent in this Section. the West line of said Sixty-five hundredths rY
Y adjacent of the Replat of Foley �' I
public street and the e. Exceptions to the Lot Four 4; (297.65)feet;
p O Addition; ( )
surface of the park- Building Architecture - Thence North along - Thence Northeaster- - Thence West Fifty', Donnie D.Marrs,
ing area. standards set forth in a line Two (2) feet and Zero hundredths Mayor
g O ly to the Northwest
4. All landscaped this Section may be East of and parallel (50.00)feet;
p P corner of Flying J Ad- ( ) SEAL
areas which do not granted by the Plan- with the West line of dition and the South - Thence South One 1
consist of xeriscap- ning Commission for said Lot Four(4)for hundred and Zero•ATTEST: •
p One line of ter right-of- Lieu Ann Else y,ing shall structures of compara- distance of One hun- hundredths (100.00) Y. ,
g way of Interstate Sev- ( f CMC,City Clerk 1t
be irrigated by an ble design and build- dred Forty-two and feet to the North line of tY ( )
g y rtY' enty(1-70);
automatic irrigation ing materials. Seventy-nine hun- Prospect Avenue;
g (7)Si na e.Si na a on y - Thence the North P
system. O 9 9 9 9 dredths (142.79) feet ly along the North line' -Thence Southeaster- —
(5) Utilities. All on-site each zoning lot within to a point on the South of said Flying J Addi- ly to the Northeast cor-
utilities serving any zon- the North Ohio Street line of Lot Three(3)of Lion and said South ner of Lot Sixteen(16)
ing lot within the North Gateway Overlay District East Gardens Addi- right-of-way to the of Cloverdale Annex;
Ohio Street Gateway shall be limited to one Lion; -Thence South along
Northeast corner of g
Overlay District, includ- (1) pole or ground sign -Thence Southwester- said Flying J Addition; the East line of Lots
ing but not limited to per street frontage not to ly along the South line -Thence East perpen- Sixteen (16), Fifteen
electrical,telephone and exceed thirty(30)feet in of said Lot Three (3) dicular to the center- (15), and Fourteen
cable shall be installed height, except for inter- for a distance of Two line of Ohio Street to a (14)of Cloverdale An-
underground. This shall state oriented signs• and Eleven hun- point One thousand nex;
apply to utilities running which may be up to fifty I dredths (2.11) feet to - Thence West along
( ) Three hundred Twenty 9
from the street right-of- (50) feet in height. No the Southwest corner the South line of said
9 (1,320) feet east of
way or utility easement off-site advertising signs ' of said Lot Three(3); said centerline; Lot Fourteen (14) to I
to buildings and to utilit- (billboards)shall be per- - Thence North along - Thence South on a the Northeast corner
ies supplying service be- miffed within the district. line One thousand of Lot Three (3) of
tween buildings.This re- Sec.42-420.7 the West line of said Three hundred Twenty Fairway Addition; I
quirement shall not ap- Site plan review. Lot Three(3)for a dis- (1,320) feet east of - Thence South along
ply to major electrical No building permits for new , lance of One hundred . said centerline for a the East line of said
transmission or feeder buildings or building addi- Three and Sixty-seven distance of One thou- Lot Three (3) and ex-
lines. tions ;iubject to the require- hundredths (103.67) sand Sixty-three tension thereof to the
(6) Building design and ments'of this overlay district feet to the Northwest (1,063).feet more or North line of Lot One
appearance. All building shall be issued until a site corner of said Lot ' less to the Point of (1)of Van Home Addi-
and structures within the development plan has been Three (3), also the 4 Curvature of the cen- tion to the City of Sali-
North Ohio Street Gate- reviewed and approved by Southwest corner of , terline of Ohio Street na;
way Overlay District the Planning Commission. Block Two (2) of[ offset One thousand - Thence East along
shall meet the following Sec.42-420.8 Northeast Industrial I Three hundred Twenty the North line of said
building design and con- Effective area. Park; (1,320)feet east; Van Horne Addition to
struction standards: