Loading...
08-10450 Replat Lambertz Addition PDD(Published in the Salina Journal on June " I , 2008.) ORDINANCE NUMBER 08-10450 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING THE w PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the a rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, THEREFORE, U BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT "PDD". PLANNED DEVELOPMENT DISTRICT. That the Zoning District Map of the City of Salina, Kansas, duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 42 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to -wit: Lot One (1), Block One (1) and Lot One (1), Block Two (2) in the Replat of Lambertz Addition to the City of Salina, Saline County, Kansas. shall become a part of District "PDD" PLANNED DEVELOPMENT DISTRICT. Section 2. CONDITIONS OF APPROVAL. 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 42 of the Salina Code with reference to the PLANNED DEVELOPMENT DISTRICT. Development of the property shall be subject to the plans on file with the City Planning Commission and/or City Clerk and the following conditions to -wit: Development limitations shall be as follows: a). Permitted uses on Lot'One (1), Block One (1) and Lot One (1), Block Two (2) (the "outlot') shall be limited to the listed permitted uses in the C-3 (Shopping Center) District, plus any conditional uses approved by the City Planning Commission subject to the following limitations: 1. Sales Tax Revenues. 100% of the total available square footage to be constructed as part of the project to be constructed in the Planned Development District (the "Project') shall be leased or sold for use by businesses that generate Sales Tax Revenues. 2. No Tax Exempt Organizations. The developer may not sell or lease property within the Redevelopment District to a tax-exempt organization, except that this prohibition shall not prevent the granting of any temporary or permanent easements necessary to facilitate the construction of the Project. 3. The Developer will reasonably consult with the City to sell and/or lease property within the Planned Development District to retailers and/or restaurants who are reasonably acceptable to the City. The Developer shall present all potential retailers and/or restaurants to the City within 20 days prior to the date when the Developer expects to enter into any legal obligation for the sale and/or lease of property within the Planned Development District. The City shall respond to the Developer within 10 business days of the receipt of any such communication. The Developer shall promptly n6tify the City Manager and the Finance Director upon the execution of any such legal obligation for the sale and/or lease of property within the Planned Development District. 4. All retailers and/or restaurants to be located within the Planned Development District shall be consistent with those businesses located in typical first-class retail developments. 5. At least 80% of the total square footage within the Planned Development District shall be leased to regional and/or national retailers. 6. The City shall have the absolute right to refuse any retailer and/or restaurant presented by the Developer on Lot One (1), Block Two (2) (the "outlot") within 24 months of the City's receipt of a Certificate of Full Completion for the Kohl's Phase and the Additional Commercial Phase, to the extent that such retailer and/or restaurant is duplicative of any existing retailer and/or restaurant already located within the city limits of the City or constitutes a relocation of any retailer and/or restaurant in w business in the City within 60 days prior to the execution of any such legal obligation for the sale and/or lease of property within the Planned Development District. A = 7. The City shall have the right to expressly waive any condition contained in paragraph 6., in writing, provided to the Developer prior to the date such legal obligation for the sale and/or lease of property within the Planned Development District is executed. 8. Notwithstanding any other rights of the City as otherwise provided in this ordinance, the City shall have the right to enforce the provisions of this subsection a). by seeking injunctive relief. The Developer expressly agrees to waive any bonding requirements for temporary injunctions as provided by K.S.A. 60-905(b)to the extent the Developer has failed to reasonably consult with the City or to the extent there is any dispute regarding the requirements contained in paragraph 4 of this subsection. 9. The City Manager or his designee shall have authority to act on behalf of the City for purposes of making all determinations required of the City in this subsection. b). The following types of land uses and retailers are prohibited within this Planned Development District unless approved as an amendment to the district by the Board of Commissioners: ' 1. Any use which emits an obnoxious odor, noise, or sound which can be heard or smelled outside of any building in the District (except that this provision shall not prohibit normal cooking odors which are associated with a first-class restaurant operation). 2. Any operation primarily used as a storage warehouse operation and any assembling, manufacturing, distilling, refining, smelting, agricultural or mining operation; 3. Any "second hand" store or "surplus" store, thrift shop or other business principally engaged in the sale of used merchandise; 4. Any mobile home park, trailer court, labor camp, junkyard or stockyards (except that this provision shall not prohibit the temporary use of construction trailers during periods of construction, reconstruction or maintenance); 5. Any dumping, disposing, incineration, or reduction of garbage (exclusive of garbage compactors located near the rear of any building); 6. Any fire sale, going out of business sale, bankruptcy sale (unless pursuant to a court order) or auction house operation; 7. Any central laundry, central dry cleaning plant or laundromat (except that this provision shall not prohibit nominal supportive facilities for on-site services oriented to pickup and delivery by the ultimate consumer as the same may be found in first-class shopping centers); 8. Any service station or automobile, truck, trailer or recreational vehicles sales, leasing, display, body shop or repair operation; 9. Any bowling alley or skating rink; 10. Any movie theater, night club or live performance theater; 11. Any living quarters, sleeping apartments or lodging rooms; 2 12. Any veterinary hospital or animal raising facility (except that this prohibition shall not prohibit pet shops or pet supply superstores and veterinary services which are incidental thereto); 13. Any mortuary, funeral home or crematory; 14. Any adult book store, adult video store, adult movie theater or other establishment selling, renting or exhibiting pornographic materials or drug- related paraphernalia (except that this provision shall not prohibit the operation of a bookstore or video store which carries a broad inventory of books or videos S g and other materials directed towards the interest of the general public [as U • opposed to specific segment thereofJ); 15. Any bar, tavern, restaurant or other establishment whose reasonably projected annual gross revenues from the sale of.alcoholic beverages for on -premises consumption exceeds forty percent (40%) of the gross revenues of such business; provided, however, that the foregoing restriction shall not be construed to limit or prohibit the operation of national restaurants which current operation under the trade names "Chili's", "Applebee's" and "Ruby Tuesday's" and other national casual dining restaurants similar to such restaurants. 16. Any health spa, fitness center or athletic facility which occupies more than five thousand (5,000) square feet of Floor Area; 17. Any flea market, amusement or video arcade, pool or billiard hall, car wash, tattoo parlor or dance hall (except that this provision shall not prohibit a restaurant from including three (3) or fewer video games as an incidental use to its operations); 18. Any training or educational facility, including, but not limited to, beauty schools, barber colleges, reading rooms, places of instruction or other operations catering primarily to students or trainees rather than to customers (except that this provision shall not prohibit on-site employee training [whether for employment in the District or at another business location of such occupant] by an occupant incidental to the conduct of its business in the District); 19. Any church, school, day care center or related religious or educational facility or religious reading room; 20. Any massage parlor (except that this provision shall not prohibit massages in connection with a beauty salon, health club or athletic facility); and 21. Any casino or other gambling facility or operation, including but not limited to, off-track or sports betting parlors, table games such as black- jack or poker, slot machines, video gambling machines and similar devices, and bingo halls (except that this provision shall not prohibit government sponsored gambling activities or charitable gambling activities if such activities are incidental to the business operation being conducted by the occupant). 22. More than one fast food restaurant with a drive-thru; and in no event shall the Planned Development District contain one or more fast food restaurants totaling more than 4,000 square feet. c). Development of Lot One (1), Block One (1) and Lot One (1), Block Two (2) (the "outlot") shall be subject to the minimum building setback, maximum building height, and maximum lot coverage limitations and use limitations of the C-3 (Shopping Center) District. Required open space/building separation shall be provided by an acceptable building setback from the applicable property line(s) noted on the plat or a combination of platted building setback and execution of a no -build easement from the adjoining property owner of sufficient dimension prior to platting. 2. Parking - Parking for retail uses shall be limited to five (5) spaces per one thousand (1,000) square feet of floor area unless an exception to allow additional parking is 3 approved by the Board of Commissioners. The foregoing limitation shall not apply to restaurant or non -retail uses. 3. Signage - Signage on Lot One (1), Block One (1) shall be limited to two (2) freestanding, multi -tenant pylon signs, one on Interstate 135 and one on South Ninth w Street. The interstate oriented pylon sign shall have a maximum permitted sign area of five hundred fifty (550) square feet and a maximum sign height of fifty (50) feet. N The South Ninth Street pylon sign shall have a maximum sign area of one hundred sixty (160) square feet and a maximum sign height of thirty (30) feet. Signage on Lot One (1), Block Two (2) (the "outlot") shall be limited to one (1) monument (ground) sign per business with a maximum permitted sign area of forty-eight (48) square feet and a maximum sign height of eight (8) feet. Fagade or wall signs for individual businesses shall be subject to the C-3 sign regulations. No pole signs shall be permitted on the outlot and no signs for businesses located outside the Planned Development District (off -premise advertising signs) may be erected within the district except as otherwise approved by the City. 4. Site Lighting — A site lighting plan for each zoning lot shall be submitted for City staff review and approval that includes the following items: the location on the premises and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices; a d6tailed description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices including manufacturer's catalog cut sheets and drawings and sections upon request; photometric data such as that furnished by the manufacturer showing the angle of cut off or light emissions to reduce or eliminate light spill onto adjacent properties. 5. Building Orientation — The City reserves the right to review and approve the building orientation for each building constructed with the district. 6. Exterior Building Materials — No plain pre -cast concrete panels, metal siding, vinyl siding or lap siding shall be permitted within the district, provided that the City may deny or restrict the use of other exterior building materials that would be inconsistent .with the design theme with the District. ' 7. Outdoor Storage — Except as otherwise approved by the City, outdoor storage of vehicles, material and/or equipment shall be prohibited. Outdoor patios offering food and beverage service are permitted. 8. Screening — The screening of trash dumpsters and loading docks is required within the District. No loading docks or trash enclosures may be placed on the South 9`h Street side of any building. Loading docks and trash enclosures may be located on the Interstate 135 side of buildings subject to the screening requirement. Materials used in screening materials shall be similar to the exterior material used in the building they serve. The City reserves the right to review and give final approval to all screening plans within the District. 9. Landscaping — Landscape plans within the District shall be designed to incorporate xeriscaping principles and shall be subject to City staff review and approval. Plantings used in landscape plans shall be from the City's Recommended Tree List and Recommended Xeriscape Plant List. All planting areas shall be maintained in accordance with Section 42-65(9) of the City's Landscaping Regulations. 10. Sidewalks — Public sidewalks shall be required on the west side of Planet Avenue and the south side of Key Avenue. Construction of sidewalks shall be tied to the issuance of building permits and sidewalk construction shall be completed prior to issuance of a certificate of occupancy for any building site that abuts a required sidewalk section. 11. Cross Access Agreement with Mid State Plaza - If the Developer elects to utilize cross access on the adjoining Mid State property, the City and the Developer shall collaborate to develop a driveway/circulation plan with respect to the Mid State Plaza Property that is acceptable to the City (the "Mid State Access Plan"). Upon the City's approval of a Mid State Access Plan, the Developer shall complete the 4 improvements required by the approved Mid State Access Plan on or before the date when the City issues a permanent certificate of occupancy for the Kohl's department store. Upon completion of the improvements required by the approved Mid State Access Plan, the Developer's 'cost of constructing Planet Avenue from the southern boundary of the Planned Development District to Key Avenue and Key Avenue between Planet Avenue and South 9'h Street, all within the Planned Development District, such improvements to be constructed pursuant to the City's public street design standards shall be financed by the City pursuant to K.S.A. 12-6a01 et. seq. (the Improvement District Act). 12. Detention / Drainage — Buried storm pipelines, box culverts or other underground structures will be used to complete the storm drainage system. 13. Sanitary Sewer — The proposed sanitary sewer line from the Kohl's property across the Mid State Plaza property to the existing Mid State Plaza private sanitary sewer will be private. Kohl's will need to acquire an easement from the Mid State Plaza owners. The existing 12 -inch line across S. 9th Street will remain private and Kohl's will need to execute a maintenance agreement with Mid State Plaza for that section of the shared line. Any proposed lift stations will be privately owned and maintained. 14. Waivers and Modifications — Requested modifications of otherwise applicable zoning and subdivision regulations approved by the Planning Commission under the authority of Section 42-403(12) are specifically enumerated as follows: a). A reduction in the amount of required front yard landscaping along Planet Avenue, Key Avenue and South 9'h Street due to the requirement for an oversized detention pond on the rear portion of the property. b). A waiver of Section 42-552(d) to allow parking in the front yard to cover more than sixty (60) percent of the total front yard area along Planet Avenue, Key Avenue and South 9'h Street. c). A waiver of Section 42-69(5) to allow a portion of required front yard landscaping to be located in the public street right-of-way and center median area in Key Avenue that will be maintained by the developer. d). A modification of Section 42-521 to allow signs located on Lot One (1), Block One (1) to advertise off -premise businesses located on Lot One (1), Block Two (2). e). Modifications to the City's adopted design criteria for stormwater detention ponds to allow a pond design with: 1. Three to One (3:1) side slopes instead of four to one (4:1) slopes; 2. A flat bottom instead of a two (2) percent slope; 3. No perimeter beam instead of eight (8) foot wide berms around the four sides of the pond. 15. Development of Lot One •(1), Block One (1) shall conform to the approved preliminary development plan, including parking lot layout and lighting, landscaping, signage and proposed building elevations which are herein incorporated by reference. 16. A final site development plan and final landscape plan for the remaining building lot (Lot One (1), Block Two (2) (the "outlot") shall be approved by the Planning Commission prior to issuance of any building permits for any building sites on that lot. Section 3. Obligation to Restore. A. Restoration of Project by Developer. The Developer hereby agrees that if any portion of the Project owned by it in this Planned Development District shall be damaged or 5 destroyed, in whole or in part, by fire or other casualty, the Developer shall promptly restore, replace or rebuild the same, or shall promptly cause the same to be restored, replaced or rebuilt, to as nearly as possible the value, quality and condition it was in immediately prior to such fire or other casualty or taking, with such alterations. or changes as may be approved in writing by the City, which approval shall not be w unreasonably withheld. The Developer agrees that it shall include in any documents for Developer private financing a requirement that, in the event insurance covering fire or other casualty results in payment of insurance proceeds to a lender, the lender shall be obligated to restore the Project in accordance with this Section. The ' Developer shall give prompt written notice to the City of any damage or destruction to any of the Project owned by it by fire or other casualty, irrespective of the amount of such damage or destruction, but in such circumstances the Developer shall make the property safe and in compliance with all applicable laws as provided herein. B. Restoration of Project by Third Parties. The Developer further agrees that each contract, lease or sublease relating to the development, ownership or use of any portion of the Project not owned or controlled by the Developer shall include a provision to the effect that if any portion of the Project controlled by such owner, lessee or sublessee shall be damaged or destroyed, in whole or in part, by fire or other casualty, such owner, lessee or sublessee shall promptly either (i) restore, replace or rebuild the same (or shall promptly cause the same to be restored, replaced or rebuilt) to as nearly as possible the value, quality and condition it was in immediately prior to such fire or other casualty or taking, with such alterations or changes as may be approved in writing by the Developer and. the City, which approval shall not be unreasonably withheld, conditioned or delayed or (ii) provide the Developer with all insurance proceeds realized as a result of such casualty to allow the Developer to restore, replace or rebuild the same in accordance with this paragraph. To the extent that the Developer allows any owner, lessee or sublessee to provide the insurance coverages required by Section 8.02 of the Lambertz Addition Tax Increment Financing District Development Agreement pursuant to a plan of self- insurance, and such owner, lessee or sublessee opts not to restore, replace or rebuild that portion of the Project that was damaged or destroyed, such owner, lessee or sublessee shall provide the Developer with funds necessary to allow the Developer to restore, replace or rebuild the same in accordance with this paragraph, from self- insurance reserves or from any other available funds of the owner, lessee or sublessee. The Developer agrees that each contract, lease or sublease relating to the development, ownership or use of any portion of the Project shall include a requirement that, in the event insurance covering fire or other casualty results in payment of insurance proceeds to a lender, the lender shall be obligated to restore certain portions of the Project in accordance with this Section. Each owner, lessee or sublessee shall also be required to give prompt written notice to the Developer and the City of any damages or destruction to any of the Project owned by such person by fire or other casualty, irrespective of the amount of such damage or destruction. C. Enforcement. The restrictions set forth in this Section are for the benefit of the City and may be enforced by the City by a suit for specific performance or for damages, or both. In the event that the City institutes a suit for damages, the City may claim damages including, but not limited to, any amount of debt service on the TIF Obligations paid by the City on or after the date such fire or other casualty occurred. Section 4. That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed. ' Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. [SEAL] ATTEST: Lieu Ann Elsey, CM City Clerk 2 Introduced: June 2, 2008 Passed June 9, 2008 John .Vanier11, MayorJ�