81-8887 Zoning Regulations...
(Published in The Salina Journal 1982
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 36-702(2) OF THE
SALINA CODE, REPEALING THE ORIGINAL SECTION.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas
Section 1. That Section 36-702(2) of the Salina Code is hereby amended
to read as follows:
"See. 36-702(2). Standards for residential planned
developments and general planned developments containing
residential buildings.
(a) Any development plan that does not propose to increase
the number of dwelling units per acre that would
otherwise be permitted on the property under the
zoning regulations otherwise applicable thereto shall
be prima facie qualified for preliminary approval
insofar as residential density is concerned. A
development plan may provide for a greater number of
dwelling units per acre than would be permitted by the
zoning regulations otherwise applicable to the site,
but if the number of dwelling units per acre exceeds
by more than ten (10) percent that permitted by the
zoning regulations otherwise applicable to the site,
the developer has the burden to show that such excess
will not have an undue and adverse impact on existing
public facilities and on the reasonable enjoyment of
neighboring property. The planning commission, in
determining the reasonableness of a proposed increase
in the number of dwelling units per acres, shall
recognize that increased density may be compensated
for by additional private amenities and by increased
efficiency in public services to be achieved by (a)
the amount, location and proposed use of common open
space, and (b) the location, design and type of
dwelling units. The planning commission shall, in its
determination, also consider that the physical
characteristics of the site may make increased
densities appropriate in the particular location.
(b) When common open space is provided in a development
plan, the amount and location of such common open
space shall be consistent with the declared function
of the common open space as set forth in the application
for a planned development district. The development
plan shall include such provisions for the ownership
and maintenance of the common open space as are reasonably
necessary to ensure its continuity, care, conservation
and maintenance, and to ensure that remedial measures
will be available to the city if the common open space
is permitted to deteriorate or is not maintained in a
condition consistent with the best interest of the
planned development or of the city.
(c) When a planned development includes common open space,
such common open space shall not be used for the
construction of any structure which is inconsistent
with its intended use, nor shall such open space ever
be computed as a part of the required minimum lot
area, or any required yard, of any other structure.
Adequate safeguards, including recorded covenants,
shall be provided to prevent the subsequent development
and the future construction of structures on such open
space. When a structure is permitted in said open
space, its construction shall be allowed only after
receiving specific approval from the planning commission.
(d) The total ground area occupied by buildings and structures
shall not exceed thirty-five (35) percent of the total
ground area of the planned development.
(e) Nonresidential uses of an educational or recreational
nature shall be designed or intended primarily for the
use of the residents of the planned development.
(f) Other nonresidential uses may include and shall be
limited to the following:
Nonresidential uses of the extent such nonresidential
uses are designed or intended to serve the residents
of the planned development or adjacent neighborhood.
Where residential uses are proposed in conjunction
with nonresidential uses no structure designed or
intended to be used in part or in whole, for business,
commercial or industrial purposes shall be constructed
prior to the construction of not less than thirty
(30) percent of the total number of dwelling
units proposed in the development plan. However,
if in the opinion of the planning commission,
said construction of dwelling units would be
contrary to public interest or to the interest of
the city as a whole, specific written findings of
fact which support such conclusion shall be made
and the percentage of required dwelling units may
be reduced to the level deemed appropriate within
the general purpose and intent of these regulations.
2. Commercial or business uses having a major impact
upon the city as a whole, or major sub -elements
thereof, such as shopping centers, office complexes,
major recreational and entertainment facilities,
together with such other uses that are designed
or intended to serve such activities and uses.
3. Industrial parks, including other supporting uses
necessary for and designed or intended to serve
such activities or uses.
(g) Planned developments in areas that are on the fringes
of urban development or are in largely undeveloped
areas shall maintain the following minimumun yards:
1. The distance at the closest point between any
structure and the boundary of the planned
development district shall be at least two (2)
times the perpendicular distance from the lowest
first floor window sill to the highest point on
the roof of the structure.
2. When two (2) or more structures are located in
any proposed planned development, the distance at
the closest point between any two (2) structures
containing residential uses, or between a structure
containing residential uses and any other structure,
shall be equal to two (2) times the perpendicular
distance from the lowest first floor window sill
of any structure containing residential uses to
the highest point in the roof of the other structure.''
Section 2. That the existing Section 36-702(2) is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from
and after its adoption and publication in the official city newspaper.
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(SEAL)
ATTEST:
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t
D. L. Harrison, City Clerk
Introduced: November 2, 1981
Passed: May 3, 1982
ith G. Duckers, Mayor