87-9201 Zoning Regulations(Published in The Salina Journal September , 1987)
ORDINANCE NUMBER 87-9201
AN ORDINANCE PROVIDING FOR PLANNED COMMERCIAL DISTRICTS;
AMENDING CHAPTER 42 OF THE SALINA CODE BY ADDING DIVISION 2 TO
ARTICLE VII, PLANNED DEVELOPMENT DISTRICT.
IBE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Chapter 42 of the Salina Code is hereby amended by
adding Division 2 to Article VII, Planned Development Districts.
"ARTICLE VII.
PLANNED DEVELOPMENT DISTRICTS
Division 2.
"Section 42-409. Purpose.
If an applicant for rezoning to a commercial
district has a specific development proposal and wishes to
present it as such or if the Planning Commission believes
that submittal of a site development plan is needed to insure
that the development will be compatible with surrounding
neighborhoods, then the applicant may file an application for
rezoning to a planned commercial district. The rezoning of
land in Salina to one of the planned commercial districts shall
be for the purpose of encouraging and requiring orderly
commercial development of a quality generally equal to that
of the standard commercial districts but permitting deviations
from the underlying district regulations. The use of
planned zoning procedures is intended to encourage efficient
development of relatively small, separate tracts of land under
one ownership, and innovative and imaginative site planning
which will minimize detrimental effects on the surrounding
neighborhood. Such procedures are authorized by Kansas
Statutes Annotated, 12-725 through 12-733.
"Section 42-410. Standards of development.
(1) A proposal to rezone land to a planned commercial
district shall be subject to the same criteria relative to
neighborhood compatibility, conformance to the
comprehensive plan, adequacy of streets and utilities
and other land use policies normally utilized in making
zoning decisions in Salina.
(2) The submittal by the developer and the approval by the
City of site development plans represents a firm
commitment that actual development will follow the
approved site development plan in architectural concept,
intensity of use, landscaping and screening and
quantity of open space.
(3) Commercial and office buildings should be planned and
developed so as to avoid strip development patterns
along thoroughfares. Control of vehicular access,
architectural style, landscaping and signage will be
exercised to soften the impact on nearby residential
neighborhoods, and to minimize adverse effects on the
adjacent street system.
(4) The permitted uses in planned commercial districts shall
be the same as those permitted in the equivalent
standard zoning districts, provided that limitations on
the uses permitted may be imposed by the planning
commission and the Board of Commissioners when it is
deemed necessary to protect the interest of neighboring
property owners.
(5) The maximum height of buildings and structures,
setback and bulk of buildings, amount of lot coverage,
paring requirements, screening, lighting and other
performance standards shall be generally equal to those
required in the equivalent standard zoning district;
however, deviations from these requirements may be
approved if it is deemed that other features and
amenities will be gained. In addition, conditions and
restrictions may be imposed on the plan to insure that
more appropriate development is produced and adverse
impacts are avoided.
"Section 42-411. Rezoning property for planned commercial
development.
Application for rezoning property to a planned
commercial district shall consist of a standard application for
a zoning map amendment as set forth in Section 42-23. The
applicant shall specifically state what zoning classification is
being requested (PC -1, PC -2, PC -3, PC -4, PC -5 or PC -6),
provide a list of proposed uses and list any deviations from
the bulk and use limitations that are being requested. The
applicant shall also submit a site development plan for
purposes of depicting the character and scale of the
proposed project. The same procedures as set forth in
Article II for the adoption of an original zoning ordinance or
amendment thereto shall be followed by the planning
commission and Board of Commissioners in the establishment
of a planned commercial district.
"Section 42-412. Content of site development plan.
A site development plan shall be prepared by a
registered architect, engineer or surveyor at a scale of 1" =
50 feet, or 1" = 100 feet on a tract of land containing 5
acres or more, for any proposed development on property
proposed for rezoning. The development plan shall include
all the following:
(1) Proposed name of the development;
(2) Location by legal description;
(3) Names, addresses and telephone numbers of applicant
and designer of plans;
(4) Date, North Arrow, Scale of Plan (1" to 50' or 1" to
100');
(5) Contours at two foot (21) intervals. Any area subject
to 100 year flooding shall be indicated;
(6) The boundary lines of the area included in the site
plan, including angles, dimensions and reference to a
section corner, quarter corner or point on a recorded
plat;
(7) Existing sewers, water mains, culverts and other
underground facilities within the tract, indicating pipe
sizes, grades, manholes and location;
(8) Location, arrangement and dimensions of proposed
buildings and structures, together with related parking
and loading areas, entrances, exits, vehicular drives,
walkways, screening, drainage handling, public streets,
and any existing easements;
(9) A schedule indicating total floor area, land area,
parking spaces, total estimated employment on site,
building site coverage and any other quantities needed
to determine compliance with the ordinance;
(10) Preliminary sketches of building elevations depicting the
general style, size and exterior construction materials
of the buildings proposed;
(11) Location, height and type of walls and fences, lighting,
signage, and landscape material.
"Section 42-413. Review procedures for site development
plans.
( 1 ) The city staff shall review the site development plan to
determine compliance with city ordinances, regulations
and policies.
( 2) A site development plan submitted with a rezoning
application shall be scheduled for the planning
commission's consideration and public review at the same
public hearing as the rezoning application is to be
considered.
( 3) The planning commission shall review the plan to
determine if it demonstrates a satisfactory quality of
design and compatibility with other uses and structures
in the neighborhood.
( 4) The planning commission shall prepare and transmit to
the Board of Commissioners and to the developer its
findings with respect to the extent to which the site
development plan complies with the standards set out in
this section together with its recommendation to the
Board of Commissioners with respect to the action to be
taken on the site development plan. The planning
commission shall either:
a. Recommend approval or disapproval of the plan as
submitted; or
b. Recommend approval of the plan subject to certain
revisions or conditions; or
C. Recommend that the plan be resubmitted to the
planning commission after substantial revisions to
the plan are made.
"Section 42-414. Form of ordinance.
An ordinance establishing a planned commercial
district shall specify the zoning regulations that will apply
within the planned commercial district and shall describe the
boundaries of such district. Such ordinance shall also
specify the conditions and restrictions that have been
imposed by the Board of Commissioners on the planned
commercial development, and the extent to which the
otherwise applicable district regulations have been varied
and modified.
"Section 42-415. Status of site development plan after
approval.
(a) Flo change of zone to a planned commercial district shall
take effect until a site development plan containing all
required revisions is approved by the Board of
Commissioners. A copy of the approved site development
plan shall be filed in the office of the zoning administrator
and noted on the official zoning map prior to the issuance of
any building permits. The approved site plan shall be
incorporated by reference in the ordinance creating a
planned commercial district.
(b) Approved development plans shall become null and void
eighteen (18) months from the date of approval if a building
permit has not been issued during that time period.
However, upon written request from the property owner or
authorized agent, the Board of Commissioners may grant an
extension of the time limit for a specified length of time not
to exceed one (1) additional year.
(c) If the applicant fails to obtain a building permit within
the valid time limit, the site development plan shall be
deemed to be revoked and the subject property shall
automatically revert to its former zoning classification.
"Section 42-416. Recording of approval.
After rezoning to a planned commercial district has
been approved, the landowner shall file or record with the
Register of Deeds a statement that a plan for the area has
been approved, that such plan is applicable to certain
specified legally described land, and that copies of said plan
are available in the office of the zoning administrator. The
statement shall specify the area covered by the plan, the
proposed density or intensity of land uses and other
pertinent information sufficient to notify any prospective
purchasers or users of land of the existence of such a plan.
The recorded statement shall specify that the site
development plan shall become binding upon all successors
and assigns unless it is formally amended or expires for
failure to obtain building permits.
"Section 42-417. Amendments.
A planned commercial district ordinance or an
approved site development plan may be amended by the
Board of Commissioners, but only after a public hearing has
been held pursuant to notice by Section 42-24 and findings
of fact and recommendations have been prepared by the
planning commission and transmitted to the Board of
Commissioners for final action as required for original
approval. Nothing in this section shall be construed as
requiring a public hearing in the case of minor alterations.
The determination of the need for a public hearing shall be
at the discretion of the zoning administrator.
"Sections 42-418 - 42-425. Reserved."
Section 2. 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 14, 1987
Passed: September 211, 1987
**aAq&—
Stephen C. Ryan, Mayor
(SEAL)
ATTEST:
rt K. tMles, t-ITY—Me