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.
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= 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;
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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
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g and other materials directed towards the interest of the general public [as
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• 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
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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
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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
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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
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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
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Introduced: June 2, 2008
Passed June 9, 2008
John .Vanier11, MayorJ�