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09-10524 Salina Community Theatre PDD(Published in the Salina Journal on noo_1ej1J))eCQT 2009.) ORDINANCE NUMBER 09-10524 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE ZONING Lo DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING FOR THE Z REZONING 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 o rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW, o THEREFORE, 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: Lots One (1) through Four (4), Block One (1) of the Salina Community Theatre 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: 1. Development limitations shall be as follows: a). Permitted uses on Lot 1 shall be limited to a public park, public parking lot and accessory support facilities and buildings. b). Permitted uses on Lot 2 shall be limited to a performing arts theatre and accessory support facilities and buildings. c). Permitted uses on Lot 3 shall be limited to administrative, business and professional offices, an accessory upstairs apartment and accessory off-street parking. d). Development on Lot 4 shall be subject to the minimum building setback, maximum building height, and maximum lot coverage limitations and use limitations of the R-1 (Single -Family Residential) district, except for any specific exceptions and variations approved by the governing body as part of the Planned Development District. 2. Parking — Off-street parking for the Community Theatre facility shall not be required on Lot 2. The district but shall be provided in the City owned parking lot adjacent to Lot 2, which also serve Founders Park. 3. Signage - Signage on Lots 2 and 3 shall be subject to the C-3 district sign regulations. Signage on Lots 1 and 4 shall be subject to the R-1 district sign regulations. Electronic message center signs shall be permitted within the district except on Lots 1 and 4, but 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 governing body. 4. Exceptions and Modifications — Requested modifications of otherwise applicable zoning regulations approved by the Planning Commission under the authority of Section 42- 403(12) are specifically enumerated as follows: a). A reduction in the required front yard building setback along Iron Avenue from 25 feet to 21 feet for the Salina Community Theatre Addition. b). A reduction in the required front yard building setback along Iron Avenue fromll 25 feet to zero for the St. Francis Academy building. Z a w co U) N C U [I 1 c). A maximum lot coverage variance of 7% from 40% (the maximum lot coverage allowed) to 47%. d). A waiver of the front yard landscaping requirement along Iron Avenue to allow for an extended sidewalk and bus drop off area in front of the theatre. e). A 45% reduction in the amount of off-street parking required under Section 42- 553 (3) a. from 156 spaces to 87 spaces. 5. Development within the district shall conform to the approved preliminary development plan and proposed building elevations which are herein incorporated by reference. Section 3. That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: November32009 Passed Decembex 14,'2009 [SEAL] (�ay� Lieu Ann Elsey, CMC, Ci Jerk 2 San dor