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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