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15-10811 Amendment to PC-5 DistrictSummary published in The Salina Journal on NOVEMBER f3 2015 DDD 171 tRTAT DT TDLD 7.1 7(11 G ORDINANCE NUMBER 15-10811 AN ORDINANCE AMENDING ORDINANCE NUMBER 8526, CODIFIED AS CHAPTER 42 OF THE SALINA CODE, AND THE ZONING DISTRICT MAP OF THE CITY OF SALINA, KANSAS BY AMENDING ORDINANCE NUMBER 08-10479 AND PRESCRIBING THE PROPER USES OF CERTAIN PROPERTY WITHIN THE CITY. IBE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. Findings. In relation to the following described real estate: Lots 1, 2 and 3, Block 1 and Lots 1, 2, 3 and 4, Block 2 of Riffel Addition No. 2 to the City of Salina, Saline County, Kansas. (the "Property") the Governing Body makes the following findings: 1. All conditions precedent for the amendment of the City's Zoning District Map and the rezoning of the Property have been timely met; 2. A deviation to the building height limit on Lot 1 and a portion of Lot 2, Block 2, of Riffel Addition No. 2 is justified by the unique ceiling heights, the pitched roof design and the other features and amenities that would be provided by the proposed hotel project on this lot; and 3. An exception to the South 9t" Corridor Overlay District requirement that primary building entrance face South 9th Street for Lot 1 and a portion of Lot 2, Block 2 of Riffel Addition No. 2 is justified by the overall design and appearance of the proposed hotel and conference center building on this lot which demonstrates a high quality visual appearance. Section 2. Amendment. DISTRICT "PC -5", Planned Service Commercial District. The Zoning District Map of the City of Salina, Kansas was amended to rezone the Property as part of DISTRICT "PC -5" Planned Service Commercial District by Ordinance No. 08-10479 adopted June 15, 2009. Section 3. Conditions of Approval. Use of the Property shall be subject to all of the conditions, restrictions, and limitations applicable to the "C-5", SERVICE COMMERCIAL DISTRICT regulations, and the regulations of the "CO" CORRIDOR OVERLAY DISTRICT under Ordinance 8526, as amended and as codified in Chapter 42 of the Salina Code. Development of the Property shall be subject to and substantially conform to (a) the development plan approved by the planning commission, incorporated as part of this ordinance, and on file with the zoning administrator and (b) the following conditions: 1. Zoning district regulations. Development and use of the Property shall be limited to the uses permitted in the CO district regulations plus farm and ranch supply stores, garden v U centers and nurseries, hotels and motels, restaurants and any subsequently approved conditional uses, and shall be subject to the bulk and use limitations of the CO and C-5 district, except as enumerated in sub -point 2 below. Signage shall comply with the C-5 district size limitations and the CO district height limitations, except that interstate oriented signs may exceed thirty (30) feet in height. 2. Variations and modifications. Pursuant to Salina Code Sec. 42-410(e)), otherwise applicable district regulations shall be varied or modified as follows: a) A modification of the 50 ft. building height limit to allow a building with a height of 61 ft. 4 inches on all of Lot 1, Block 2, Riffel Addition No. 2 to the City of Salina, Saline County, Kansas and the Eastern portion of Lot 2, Block 2 Riffel Addition No. 2, more particularly described as follows: Beginning at the Northwest corner of Lot 1, Block 2, which is the Northeast corner of Lot 2, Block 2; thence South 11 ° 11' 10" West for a distance of three -hundred eighty and seventy-two hundredths (380.72) feet; thence North 89°58'00" West for a distance of one hundred fifty-nine and seventy hundredths (159.70) feet; thence North 0°00'00" West for a distance of three hundred seventy-six and one hundredths (376.01) feet; thence North 3°36'33" East for a distance of eighty-three and thirty- one hundredths (83.31) feet to the Todd Circle Right of Way; thence along the Todd Circle Right of Way on a radius of two hundred eighty (280) feet for a distance along the curve of two hundred five and thirty-seven hundredths (205.37) feet to the point of beginning; and b) An exception to the requirement in the South 9t" Street Corridor Overlay District that primary building entrances face South 9t" Street to allow a building to face north toward Todd Circle on all of Lot 1, Block 2, Riffel Addition No. 2 to the City of Salina, Saline County, Kansas and the Eastern portion of Lot 2, Block 2 Riffel Addition No. 2, more particularly described as follows: Beginning at the Northwest corner of Lot 1, Block 2, which is the Northeast corner of Lot 2, Block 2; thence South 11 ° 11' 10" West for a distance of three -hundred eighty and seventy-two hundredths (380.72) feet; thence North 89°58'00" West for a distance of one hundred fifty-nine and seventy hundredths (159.70) feet; thence North 0°00'00" West for a distance of three hundred seventy-six and one hundredths (376.01) feet; thence North 3°36'33" East for a distance of eighty-three and thirty- one hundredths (83.31) feet to the Todd Circle Right of Way; thence along the Todd Circle Right of Way on a radius of two hundred eighty (280) feet for a distance along the curve of two hundred five and thirty-seven hundredths (205.37) feet to the point of beginning. 3. Additional conditions. Development and use of the Property shall be subject to the following additional conditions: a) A final site development plan shall be submitted to and approved by the Planning Commission prior to issuance of a building permit for any lot in the subdivision. ti U Section 4. Repealer. Section 2 of Ordinance No. 08-10479 and all prior ordinances in conflict herewith as they relate to the Property are repealed. The remaining sections of Ordinance No. 08- 10749 are ratified and remain in effect. Section 5. Summary of ordinance for publication. This ordinance shall be in full force and effect from and after its adoption and publication once by summary in the official city newspaper. Ordinance No. 15-10811 Summary On November 9, 2015, the City Commission passed Ordinance No. 15-10811. The ordinance amends Ordinance Number 08-10479 to modify the building height limit on Lot 1 and a portion of Lot 2, Block 2 of Riffel Addition No. 2 to the City of Salina, Kansas from 50 ft. to 61 ft. and allows the primary entrance of a building on Lot 1, and a portion of Lot 2, Block 2 of Riffel Addition No. 2 to face Todd Circle. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City's legal counsel. [SEAL] ATTEST: Shandi Wicks, CMC, City Clerk Certification of Publication Summary: Introduced: November 9, 2015 Passed: November 9, 2015 dil*a�rdj,yor