22-11134 Overlook Estates Zoning District..
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Summary published in The Salina Journal on May -5__, 2023
Posted on the City of Salina website from May -!( to May J!l_, 2023
ORDINANCE NUMBER 22-11134
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 REZONING AND PRESCRIBING THE PROPER USES OF CERTAIN
PROPERTY WITHIN THE CITY.
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Cl) BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: ~
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] Section 1. Findings. In relation to the following described real estate:
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Lots 1-13 in Block 1 of the Overlook Estates Addition 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. The location and physical attributes of the Property and the availability of public utilities
make it suitable for residential development once a second source of water supply is
provided;
3. The Property lies within a Primary Service Area on the Urban Services Area map meaning
that City utilities are already in place or that the City of Salina has long term plans or
expectations to extend its services or its boundary in this direction. In this case the City
has already extended utilities to the Phase I area of River Run;
4. Rezoning of the Property for residential development could be viewed as allowing similar
residential development of property that is contiguous with an already developed
residential subdivision. The development proposed in Overlook Estates is a logical
extension of Phase I of River Run;
5. The requested zoning change and proposed residential density would be consistent with
the City's Comprehensive Plan which identifies the River Run property as suitable for
Suburban Residential-type development;
6. The proposed development will not impose an undue burden on public services and
facilities, such as foe and police protection;
7 . The proposed development is served by a perimeter street (Marymount Road) that meets
City street standards;
8. The planned development will not substantially injure or damage the use, value and
enjoyment of surrounding property nor hinder or prevent the development of surrounding
property in accordance with the land use plan.
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Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT R (Single-Family Residential).
The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 1-13, Block 1,
Overlook Estates Addition ("Lots 1-13, Block 1"), as part of DISTRICT R PLANNED
DEVELOPMENT, subject to the conditions of approval set forth in Section 3.
Section 3. Conditions of Approval. Use of Lots 1-13, Block 1 shall be subject to all of the
conditions, restrictions, and limitations applicable to planned development districts under Ordinance
8526, as amended and as codified in Chapter 42 of the Salina Code. Development of Lots 1-13, Block
1 shall be subject to and substantially conform to (a) the development plan approved by the city
commission, incorporated as part of this ordinance, and on file with the zoning administrator and/or
city clerk and (b) the following conditions:
1. Zoning district regulations. Development and use of Lots 1-11, Block 1 shall be limited
to the uses permitted in the R (Single-Family Residential) district and shall be subject to
the bulk regulations, use limitations and sign regulations applicable to the R (Single-
Family Residential) district, except as enumerated in sub-point 2 below.
2. Variations and modifications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise
applicable district regulations shall be varied or modified as follows:
a) On Lots 1-6, Block 1 a minimum side yard building setback of 25 ft. shall be required .
b) On Lots 7-11, Block 1 a minimum side yard building setback of 15 ft. shall be required.
3. Additional conditions. Development and use of the Property shall be subject to the
following additional conditions :
a.) Lot 12, Block 1 shall set aside and limited in use as Common Area/Open Space to be
owned and managed by the Overlook Estates Homeowners Association.
b.) Lot 13, Block 1 shall be set aside and limited in use as Common Area for the common
use and benefit of property owners in the River Run Addition and Overlook Estates
Addition.
Section 4. Repealer. All prior ordinances relating to the Property are repealed to the extent they are
in conflict with this ordinance.
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. 22-11134 Summary
On May 1, 2023, the City Commission passed Ordinance No. 22-11134. The ordinance
changes the zoning district classification of a 52.90 acre tract of land platted as the Overlook
Estates Addition to the City of Salina and located south of the River Run Addition and west
of Great Life Golf and Fitness from A-1 (Agricultural) to R (Single-Family Residential) to
allow development of a residential subdivision with 11 single-family home sites, with 29 acres
being set aside as Common Open Space .. 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.
Introduced : September 26 , 2022
Passed: May 1, 2023
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The publication summary set forth above is certified this L_ day of May, 2023.