23-11153 Pepper Tree Estates (filed with Register of Deeds)I lll ll ll l ll ll ll lll Ill II I Il l ll lll lllll ll lll llll ll lll l 11 111 1111 111111 111111111111 111 111
,,..--"-"'"• REBECCA SEEMAN ((-~·~····'·0-~;'.:\REGISTER OF DEEDS SALINE COUNTY KANSAS
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\:,;f';;;·9·~'~1 Receipt #: 148173 (\.I Recording Fee: $0.00 '""~"·" Pages Recorded: 4 uv
Date Recorded: 7 /25/2023 4:25:32 PM
ORDINANCE NO . 23 -11153
RECORDING FEES : $0.00
RETURN ADDRESS :
CITY CLERK
ROOM 206
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Summary published in The Salina Journal on May ~J.428 Page: 1045
Posted on the City of Salina website from May Jk.._ to Mftff'~. 2023
ORDINANCE NUMBER 23-11153
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.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. In relation to the following described real estate:
Lots 4-5 and the West 24.6 ft. of Lots 3 and 6, Block 9 of the Meyer Addition to the City of
Salina, Saline Cowity, Kansas and addressed as 1300 and 1302 McAdams Road and 1301and1303
Meyer Drive. ("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. Only two (2) of the originally proposed nine (9) townhomes in Pepper Tree Estates were
built and there is no public purpose served by maintaining the existing homeowners
association and common area.
3. The planned development consisting of four ( 4) existing townhome wiits will not
substantially injure or damage the use, value and enjoyment of surrowiding property nor
hinder or prevent the development of surrowiding property in accordance with the land
use plan. All surrowiding lots are developed.
Section 2. Amendment. DISTRICT PLANNED DEVELOPMENT R-2 (Multiple-Family
Residential). The Zoning District Map of the City of Salina, Kansas is amended to rezone Lots 4-5
and the West 24.6 ft. of Lots 3 and 6, Block 9 of the Meyer Addition to the City of Salina, Saline
Cowity, Kansas, as part of DISTRICT R-2 PLANNED DEVELOPMENT, subject to the conditions
of approval set forth in Section 3.
Section 3. Conditions of Approval. Use of Lots 4-5 and the West 24.6 ft. of Lots 3 and 6, Block 9
of the Meyer Addition to the City of Salina, Saline Cowity, Kansas 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 4-5 and
the West 24.6 ft . of Lots 3 and 6, Block 9 of the Meyer Addition to the City of Salina, Saline County,
Kansas 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 . D eve lopment and use of Lots 4-5 and the West 24 .6 ft. of
Lots 3 and 6, Block 9 of the M eyer Addition to the City of Salina, Saline County, Kansas
shall be limited to the uses permitte d in the R-2 (Multiple-Family Residential) district and
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2.
Boole 1428 Page: 1046
shall be subject to the bulk regulations, use limitations and sign regulations applicable to
the R-2 (Multiple-Family Residential) district, except as enumerated in sub-point 2 below.
Variations and modHications. Pursuant to Salina Code Sec. 42-403(a)(12), otherwise
applicable district regulations shall be varied or modified as follows:
a) On Parcel 2 -1302 McAdams Road
1) A reduction in the required side yard setback of2.5 ft. from 7.5 ft. to 5 ft. from
the east property line.
2) A reduction in the required rear yard setback of 9 ft. from 25 ft. to 16 ft. from
the south property line.
3) A variation from the maximum lot coverage allowed in an R-2 district from
35% to 48.18% of the building lot.
b) On Parcel 4 -1303 Meyer Drive
1) A reduction in the required side yard setback of 1.5 ft. from 7.5 ft. to 6 ft. from
the east property line.
2) A reduction in the required rear yard setback of 3 ft. from 25 ft. to 22 ft. from
the north property line.
3) A variation from the maximum lot coverage allowed in an R-2 district from
35% to 45.14%.
3. Additional conditions. Development and use of the Property shall be subject to the
following additional conditions:
None
Section 4. The Ordinance Number 84-8989 and the final development plan for the Pepper Tree PDD
recorded in Misc. Book 131, Page 261-262 in the Saline County Register of Deeds Office as it applies
to the Property are hereby repealed.
Section 5. Repea ler. All prior ordinances relating to the Property are repealed to the extent they are
in conflict with this ordinance.
Section 6. 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. 23-11153 Summary
On May 22, 2023, the City Commission passed Ordinance No. 23-11153. The ordinance
carries out the intent of the Pepper Tree Estates Homeowners Association to abandon and
repeal the approved preliminary and final development plan for the Pepper Tree Estates PDD
in order to eliminate all Common Area to create four ( 4) independently owned residential lots.
The amended PDD ordinance reflects the existing developed conditions at 1300 and 1302
McAdams Road and 1301 and 1303 Meyer Drive. 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.
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~ [SEAL] ~ ATTEST : !
Introduced:
Passed:
Boole 1428 Page: 1047
May 15, 2023
May 22, 2023
summary set forth above is certified this ~ay of May, 2023 .
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 23-11153 that was
adopted by the Governing Body of the City of Salina
at their regular meeti 2, 2023 .