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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. 1 (SEAL) ATTEST: 1 1 t D. L. Harrison, City Clerk Introduced: November 2, 1981 Passed: May 3, 1982 ith G. Duckers, Mayor