89-9318 Zone Wal-Mart Subdivision( Published in The Salina Journal August Y,
ORDINANCE NUMBER 89-9318
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,
AMENDMENT. DISTRICT "PC -3". PLANNED COMMERCIAL
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,
A tract of land in the Southeast Quarter (SES) of Section
Thirty-five (35), Township Fourteen (14) South, Range
Three (3) West of the Sixth Principal Meridian in Saline
County, Kansas, more particularly described as follows:
Commencing at
Thirty-five (35);
Thence west along the south line of said section on a
true bearing of North eighty-nine degrees thirty-five
minutes fifty-one seconds West (N.89035151"W.) a
distance of nine hundred seventy-five and ninety-nine
hundredths feet (975.99');
Thence North zero degrees twenty-six minutes two
seconds East (N.0026102"E.) a distance of forty-four
feet (44.001) to a point on the East right-of-way line of
Interstate Highway 135, said point being the point of
beginning;
Thence continuing North zero degrees twenty-six
minutes two seconds East (N .0°26'02"E .) along said
right-of-way line a distance of one thousand thirty-five
and sixty-three hundredths feet (1035.631);
Thence South eighty-nine degrees thirty-eight minutes
forty-two seconds East (5.89038142"E.) a distance of
nine hundred five and seventy-eight hundredths feet
(905.781) to a point on the West right-of-way line of
Highway 81 Alternate;
Thence South zero degrees thirteen minutes forty-one
seconds West (S.0°13'41"W.) a distance of seven
hundred fifty-one and ninety-eight hundredths feet
Thence on a curve to the right a distance of four
hundred seventeen and eighty-five hundredths feet
(417.85'), said curve having a radius of two hundred
sixty-five and twenty-eight hundredths feet (265.28')
and a long chord that bears South forty-five degrees
seventeen minutes five seconds West (5.45117'05"W.) a
distance of three hundred seventy-five and
ninety-seven hundredths feet (375.97');
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Thence South eighty-six degrees forty-seven minutes
thirty-eight seconds West (S.86147138"W.) a distance of
two hundred seventy and ten hundredths feet
(270.10');
Thence South zero degrees twenty-four minutes nine
seconds West (S.0024109"W.) a distance of one foot
(1.00');
Thence North eighty-nine and thirty-five minutes
fifty-one seconds West (N .89°35'51 "W .) a distance of
three hundred seventy-three and seventy-seven
hundredths feet (373.771) back to the point of
beginning.
shall become a part of District "PC -311. PLANNED COMMERCIAL SHOPPING
CENTER DISTRICT. 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 the PLANNED COMMERCIAL SHOPPING CENTER 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 COMMERCIAL
SHOPPING CENTER DISTRICTS.
1. Development shall be in accordance with the approved
site plan including plans for signage and landscaping,
incorporated herein by reference. In addition, the
development shall follow and comply with all city
regulations and standards unless exempted by the City
Commission.
2. A building permit for the Wal-Mart store shall be
applied for within eighteen (18) months of approval or
the approved development plan shall become null and
void and the zoning shall revert to its former
classification. If this condition is met, site development
plans may be submitted for the outlots. Such plans
shall be approved by the City Planning Commission
prior to issuance of a building permit.
3 Permitted and conditional uses shall be limited to those
prescribed in the C-3 regulations, unless certain uses
are deleted by the City Commission.
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4 Signage on the site shall comply with C-3 regulations,
except that Sign Number 1 at the main entrance on
Ninth Street shall have a maximum area of 700 square
feet on one sign face and Sign Number 2 at the
Schilling Road entrance shall have a maximum area of
350 square feet on one sign face. No more than one
(1) ground/pole sign shall be erected on each outlot.
5 The landscape plan shall be amended to show
installation of a deciduous tree, at least twenty feet
(201) in height at maturity on one-half (1) of the
twenty-four (24) proposed islands at the end of the
parking bays, five (5) trees and ten (10) shrubs in the
space immediately north of the loading area entrance
drive and landscaping along the west side of the site in
a manner similar to the loading area entrance drive.
6. The site plan shall be amended to show a standard
design acceleration lane for the northbound movement at
the main entrance on Ninth Street.
7. The site plan shall be amended to show installation of a
sidewalk along the interior or building side of the
frontage road.
8. The owner and/or developer shall be responsible for the
installation of traffic signals and a median break at the
intersection of Ninth Street and the main entrance to
the development. The traffic signals shall be installed
prior to the issuance of a certificate of occupancy or in
the alternative, binding legal assurances shall be
provided in the form of an escrow fund, irrevocable
letter of credit or performance bond (in an amount
sufficient to meet the City Engineer's cost estimate plus
20% for contingencies) payable to the City and valid for
a period of five (5) years following the issuance of a
certificate of occupancy. Signalization for the
intersection will be considered when and if a warrant is
met in accordance with the "Manual on Uniform Traffic
Control Devices." In the event a signal is not under
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contract within five (5) years, the legal assurances
shall be released by the City.
9. A site development plan complying with the approved
final plat and containing all revisions and amendments
herein and as required by the City Commission shall be
submitted to the zoning administrator prior to
application for a building permit.
Section 3. That 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 in the official city newspaper.
Section 4. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
I ntroduced : May 22, 1989
Passed: June 26, 1989
[SEAL]
ATTEST:
Jacqueline Shiever, City Clerk
J arner, Mayor