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08-10476 Zone Magnolia Commons Addition(Published in the Salina Journal on ApriL3!O, 2010.) ORDINANCE NUMBER 08-10476 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 a.W THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND PRESCRIBING ca THE PROPER USES THEREOF. WHEREAS, all conditions precedent for the amendment of the Zoning District Map, the rezoning of certain property therein, hereinafter described has been timely complied with, SO NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. DISTRICT "PC -5" PLANNED SERVICE COMMERCIAL 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 Magnolia Commons Addition to the City of Salina, Saline County Kansas. shall become a part of DISTRICT "PC -5" PLANNED SERVICE COMMERCIAL 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 "PC -5" PLANNED SERVICE COMMERICAL DISTRICT regulations and development of the property shall also be subject to the following conditions, to wit: 1. Development limitations shall be as follows: a. Development and use of Lot 4, Block 1 shall be limited to a retail store and lumber yard with outdoor storage plus those uses listed in the C-5 district regulations and shall be subject to all bulk and use limitations in the C-5 district. b. Development and use of Lots 1 and 3, Block 1 shall be limited to those uses listed in the C-5 district regulations and shall be subject to all bulk and use limitations in the C-5 district. c. Use of Lot 2, Block 1 shall be limited to stormwater detention. d. Approved signage for Lot 4, Block 1 shall consist of one (1) off -premise pylon sign on Lot 1, Block 1 with a maximum permitted sign area of 100 square feet and a maximum height of 15 feet and one (1) off -premise pylon sign on Lot 3, Block 1 with a maximum permitted sign area of 600 square feet and a maximum height of 70 feet. Signage on Lots 1 and 3, Block 1 shall be limited to one (1) freestanding pole or pylon sign per street frontage with a maximum permitted sign area of 300 square feet and a maximum sign height of 70 feet along Interstate 135 and a maximum permitted sign area of 150 square feet and a maximum sign height of 30 feet along Magnolia Road, Virginia Drive, Virginia Court and the north — south access easement. Fagade or wall signs for individual businesses shall be subject to the C-5 sign regulations. e. Parking for retail uses shall be limited to five spaces/1,000 square feet of floor area unless an exception for additional parking is approved by the City Commission. 2. The City Engineer shall approve plans and specifications for the storm water detention pond on Lot 2, Block 1 prior to issuance of any building permit for any lot in the Magnolia Commons Addition; construction of the pond shall be completed prior to issuance of a certificate of occupancy for any lot in the subdivision. 3. The developer shall be responsible for the construction of Virginia Drive to the south boundary of the subdivision and all required improvements to the Magnolia Road — Virginia Drive intersection shown on the approved site development plan. Z W 1 4. A final site development plan and final landscape plan for each individual building site in the Magnolia Commons Addition, including the detention pond site, shall be approved by the Planning Commission prior to issuance of any building permits for these sites. The site development plan for Lot 4 (the Menards site) submitted with the rezoning application is hereby approved as the final site development plan for Lot 4. 5. Development of each lot within the Magnolia Commons Addition, including landscaping, building elevations and signage shall conform to the approved final site development plan. 6. A building permit for Phase I shall be applied for within eighteen (18) months of the approval date or the approved development plan for Lot 4 shall become null and void and the zoning of the site shall revert to its former classification. 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. [SEAL] ATTEST: q1V Lieu Ann Elsey, CMC, Ci Clerk Introduced: February 22, 2010 Pas d: April 26, 2010 Aar G. Peck, Mayor