89-9302 Zone Country Oak EstateK , Cx �—,,g — Salina, Kansas
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( Published in The Salina Journal Jure q 1989)
ORDINANCE NUMBER 89-9302
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE
NUMBER 8526, THE SAME BEING CHAPTER 42 OF THE SALINA CODE, AND THE
ZONING DISTRICT MAP THEREIN AND THEREBY ADOPTED AND PROVIDING
FOR THE REZONING OF CERTAIN PROPERTY WITHIN THE CITY AND
PRESCRIBING THE PROPER USES THEREOF.
WHEREAS, all conditions precedent for the amendment of the Zoning
District Map, the rezoning of certain property therein, hereinafter described has
been timely complied with, and SO NOW, THEREFORE,
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. AMENDMENT. PLANNED DEVELOPMENT DISTRICT. That
the Zoning District Map of the City of Salina, Kansas, duly adopted and
published as a part of Ordinance Number 8526, the same being Chapter 42 of the
Salina Code, be and it is hereby amended so that the following described
property be rezoned as follows, to wit:
Country Oak Estates Addition to the City of Salina, Saline
County, Kansas
shall become a part of District "PDD", PLANNED DEVELOPMENT DISTRICT.
Section 2. CONDITIONS OF APPROVAL. That the use of said
described property shall be subject to all the conditions, restrictions and
limitations as made and provided for in Ordinance Number 8526, the same being
Chapter 42 of the Salina Code, with reference to PLANNED DEVELOPMENT
DISTRICTS. Development of the property shall be subject to the plans on file
with the Planning Commission and/or City Clerk and the following conditions,
to wit:
1. Approval is subject to the approved Site Development
Plan which is on file in the City Clerk's Office and is
incorporated herein by reference.
2. The residential area must comply with the requirements
of Sections 42-217 through 42-221 (MH -S Manufactured
Home Subdivisions) , except that the minimum rear yard
shall be 15 feet, and in addition;
a) The housing units must have minimum width of 12
feet. The main floor area must be at least 780
square feet.
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b) The units must be placed on a permanent concrete
or masonry foundation that complies with Federal
Housing Administration (FHA) and Uniform
Building Code requirements so as to be classified
and taxed as real property under K.S.A. 79-340.
c) The exterior wall covering is required to be
either:
1) Wood or masonry finish, or its appearance
equivalent and/or
2) Vertically or horizontally grooved siding or
lap siding, or its appearance equivalent.
d) All main buildings and detached garages shall have
a pitched roof. Metallic roofing surfaces must be
coated with a nonreflective and nonmetallic
material. Use of corrugated sheet metal for the
roof covering shall be prohibited.
(2) The commercial area designated Lot 28, Block 1,
Country Oak Estates Addition, must comply with the
requirements of Section 42-316 through 42-321 (C-5
Service Commercial District) except the following
permitted uses are prohibited:
a) Automobile sales, rental and service
b) Boat sales, rental and service
c) Equipment sales and rental
d) Pest control and exterminators
e) Recreational vehicles sales, rental and service
f) Truck plazas and truck washes
g) Truck sales and services
(3) The commercial area designated Lots 17 and 18, Block
5, Country Oak Estates Addition must comply with the
requirements of Sections 42-266 through 42-271 (C-2
Neighborhood Shopping District) except that the
following C-1 uses are also permitted:
a) Office buildings and clinics
b) Mail-order houses
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and on Lot 17, mini -warehouses shall also be allowed as
a conditional use.
(4) Evergreen plantings 3 to 4 feet high shall be placed 20
feet apart in the year yards of Lots 14 through 27,
(9) A note shall be placed on the final plat indicating that
the City of Salina shall not be responsible for costs or
maintenance related to excavation and/or repair of
street constructed over KPL Gas Service's high pressure
gas line or gas line easement.
Block 1, Country Oak Estates Addition. In the event
that a new interstate entrance ramp is constructed,
Lots 14 through 27, Block 1 , shall be fenced with a 4
foot chain length fence along the rear lot line.
(5)
Following approval of the preliminary plan, the
applicant shall file a final development plan for the
residential area within eighteen (18) months; start
construction of the residential area within three (3)
years; complete the recreational facilities within five (5)
years; and complete the entire development within ten
(10) years.
(6)
The applicant shall submit a final site development plan
for the commercial tracts to the City Planning
Commission for review and approval prior to the
issuance of any building permits for those tracts.
(7)
A landscape plan showing a six (6) foot fence or
vegetative screen along the property line between
Schilling Road and commercial lots 17 and 18 shall be
submitted at the time of final site plan approval for
commercial development west of Montee Drive.
(8)
A landscape plan for the grassy area between Schilling
Road and the Frontage Road shall be submitted at the
time of final site plan approval for commercial
development on Lot 28, Block 1, Country Oak Estates
Addition.
(9) A note shall be placed on the final plat indicating that
the City of Salina shall not be responsible for costs or
maintenance related to excavation and/or repair of
street constructed over KPL Gas Service's high pressure
gas line or gas line easement.
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(10) A twenty foot (20') drainage/ pedestrian easement shall
be provided near the southwest terminus of Huehl
Circle to provide access to the common area.
Section 3. TIME SCHEDULE FOR COMPLETION. Development of the
site shall be timed according to the following schedule, to -wit:
1. Complete Development - Ten (10) Years from the date of
publication of this ordinance.
Section 4. Upon receipt of certification by the Office of the Saline
County Treasurer that all ad valorem property taxes are current on the real
estate described in Section 1, the City Clerk is hereby directed to publish this
ordinance once in the official city newspaper.
Section 5. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
Introduced: January 9, 1989
Passed: March 23, 1989
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ph Warner, Acting Mayor
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk