87-9204 Zoning Regulations(Published in The Salina Journal October o2 , 1987)
ORDINANCE NUMBER 87-9204
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION
42-404 OF THE SALINA CODE PERTAINING TO THE PROCEDURE FOR SECURING
APPROVAL OF A PLANNED DEVELOPMENT AND THE ESTABLISHMENT OF A
PLANNED DEVELOPMENT DISTRICT; AND REPEALING THE EXISTING SECTION.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Section 42-404 of the Salina Code is hereby amended
to read as follows:
"Section 42-404. Procedure for securing approval of a
planned development and the establishment
of a planned development district.
(a) Preliminary development plan:
(1) A developer seeking the establishment of a planned
development district shall prepare and submit to
the planning commission a preliminary development
plan for such planned development district.
(2) The preliminary development plan shall contain the
following documents and information:
a. A survey of the tract that is to be developed
showing existing features of the property
including streets, alleys, easements, utility
lines, existing land use, general topography,
physical features, and drainage;
b. A site plan showing the location and
arrangement of all existing and proposed
structures, the proposed traffic circulation
pattern within the development, the areas to
be developed for parking, the points of
ingress and egress, including access streets
where required, the relationship of abutting
land uses and zoning districts, proposed lots
and blocks, if any, proposed public or
common open space, if any, including parks,
playgrounds, school sites, and recreational
facilities, and proposed drainage;
C. A preliminary plat of subdivision for which
approval has been secured pursuant to the
applicable ordinances, rules and regulations
relating to subdivision approval or a copy of
the existing recorded plat which is
appropriate for the intended plan;
d. A statement of the anticipated residential
density (when applicable) , the proposed total
gross floor area, and the percentage of the
development which is to be occupied by
structures;
e. Preliminary sketches of the proposed
structures and landscaping;
f. When a planned development ' is to be
constructed in stages, a schedule for the
development of such stages shall be
submitted. No such stage shall have a
residential density that exceeds by more than
twenty (20) percent the proposed residential
density of the entire planned development.
When a planned development provides for
common open space, the total area of common
open space provided at any stage of
development shall, at a minimum, bear the
same relationship to the total open space to
be provided in the entire planned development
as the stages completed or under the
development bear to the entire planned
development;
g. Evidence
that the applicant has sufficient
control
over the tract to effectuate the
proposed
plan, including a statement of all
the ownership and beneficial interests in the
tract of
land and the proposed development;
h. When it
deems it to be necessary, the
planning
commission may require a traffic
survey setting out and analyzing the effect
that the
planned development will have upon
traffic in
the streets and thoroughfares
adjacent
to and in the vicinity of the
proposed
development;
i. A statement showing the relationship of the
planned development to the comprehensive
plan and future land use plan for the city;
j. In the case of general planned developments,
a statement identifying the principal types of
business and/or industrial uses that are to be
included in the proposed development;
k. When a planned development includes
provisions for common open space, streets,
utilities, drainage ways or recreational
facilities, a statement describing the provision
that is to be made for the care and
maintenance of such open space, streets,
utilities, drainage ways or recreational
facilities.
Copies of any restrictive covenants that are
to be recorded with respect to property
included in the planned development district.
(b) Action on preliminary development plan:
(1) Hearing, findings and recommendation of
planning commission. The planning commission
shall, within forty-five (45) days after a
preliminary development plan is filed with it, hold
a public hearing on the preliminary development
plan after giving the notice required by article II
of this chapter for hearings on amendments. Such
public hearing shall consider all aspects of the
preliminary development plan including all proposed
stages and/or units of development. Within ten
(10) days after the last public hearing on such
plan, the planning commission shall prepare and
transmit to the board of commissioners and to the
developer specific findings of fact with respect to
the extent to which the preliminary development
plan complies with the standards set out in this
section, together with its recommendations to the
board of commissioners with respect to the action
to be taken on the preliminary development plan.
The commission may recommend disapproval,
approval, or approval with amendments, conditions
or restrictions. Copies of the findings and
recommendations of the planning commission shall
be made available to any other interested persons.
(2) Action by the board of commissioners. The board
of commissioners shall approve or disapprove the
preliminary development plan within twenty-one
(21) days after it receives the findings and
recommendations of the planning commission
thereon. If the preliminary development plan is
disapproved, the developer shall be furnished with
a written statement of the reasons for disapproval
of the plan. If the preliminary development plan
is to be approved, the board of commissioners
shall, after receiving from the developer any
acceptance required by subsection (b) (3) of this
section, adopt an ordinance approving the
preliminary development plan, and establishing a
planned development district for the parcel or
tract of land included in the preliminary
development plan.
(3) Restrictions and conditions. The board of
commissioners may alter the preliminary
development plan, and impose such restrictions and
conditions on the planned development as it may
deem necessary to insure that the development will
be in harmony with the general purpose and intent
of this chapter and with the comprehensive plan of
the city. When the board of commissioners alters
the preliminary development plan, or imposes any
restrictions or conditions on such plan, the
developer shall have fifteen (15) days within which
to file an acceptance of such alterations,
restrictions or conditions with the board of
commissioners. When an acceptance is required by
this section, no ordinance approving a preliminary
development plan and establishing a planned
development district shall be adopted until such
acceptance has been filed with the planning
commission.
Section 2. That the existing Section 42-404 of the Salina Code is
hereby repealed.
(4) Form of ordinance. An ordinance approving a
planned development and establishing a planned
development district shall specify the zoning
regulations and restrictions that will, pursuant to
the development plan, apply in the planned
development district and shall describe the
boundaries of such district or set such boundaries
out on a map that is incorporated and published as
a part of such ordinance. Such ordinance shall
also specify the conditions and restrictions that
have been imposed by the board of commissioners
on the planned development and the extent to
which the otherwise applicable district regulations
have been varied or modified. When the planning
commission has designated divisible geographic
areas that may be developed as a planned
development, the ordinance shall authorize the
planning commission to modify the schedule of
development to the extent set out in section
42-403(a)(7)."
Section 2. That the existing Section 42-404 of the Salina Code is
hereby repealed.
Section 3. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: September 21, 1987
[SEAL]
ATTEST:
Robert K. Biles, City Clerk
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Passed: September 28, 1987
Stephen C. Ryan, X4ayor