Loading...
22-11134 Overlook Estates Zoning District.. .. "' "' z Cl. w "' ·°' 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. <ii Cl) BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: ~ :"1 ] Section 1. Findings. In relation to the following described real estate: u 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. .... ,... "' "' z a.. w "' .s <ii (/) ~ 1ii :11 5i c 0 (.) 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 J The publication summary set forth above is certified this L_ day of May, 2023.