97-9835 Zoning Regulations(Published in The Salina Journal November /3, 1997)
ORDINANCE NUMBER 97-9835
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION
42-406 TO CHAPTER 42 OF THE SALINA CODE PERTAINING TO ZONING
REGULATIONS.
follows:
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 42-406 of the Salina Code is hereby amended to read as
"Sec. 42-406. Application for approval of final development plan.
(a) An application for approval of a final development plan may be filed
for all the land included in an approved Planned Development District or in
phases for an individual tract or tracts within the district. A complete
application and required application fees shall be submitted by the developer
within the time frame specified in Section 42-205(b).
(b) The applicant shall submit four (4) copies of all drawings and two (2)
copies of all supporting written documents constituting the final development
plan application. The application shall include:
(1) A final plat or boundary survey showing the location and
dimensions of existing and/or proposed lots and blocks, rights-
of-way, easements and common areas as well as the acreage of
the tract;
(2) A detailed site plan showing the location, dimensions and
proposed building setbacks of all principal structures, the
location and dimensions of all existing and proposed curb cuts,
driveways and aisles, public and private streets, off-street
parking and loading areas, sidewalks, drainage ways and
detention areas;
(3) Preliminary building plans, including exterior elevations;
(4) The location, height and material of screening walls and fences
and the location of outdoor trash storage facilities;
(5) Proposed landscaping plans, including the location and planting
schedule of all perimeter and interior landscaping and noting any
trees or vegetation to be removed;
(6) Proposed lighting and signage plans;
(7) The location of existing and proposed utilities (water mains,
sanitary sewers, storm sewers) in and adjacent to the property;
(8) The paving width and type of surfacing proposed for any private
streets;
(9) The proposed topography or grading plan for the area at a
contour interval of not more than two (2) feet;
(10) Proof of the establishment of an association or entity to own,
manage and maintain the common open space, recreation areas
and facilities, private streets and any other area within the
development that is to be retained for the exclusive use and
benefit of the residents, lessees and owners;
(11) Copies of all restrictions or covenants that are to be applied to
the development area;
(12) Any other information the planning director or planning
commission may require in order to give full and complete
consideration to the final development plan.
(c) A public hearing by the planning commission on an application for
approval of a final development plan, or area thereof, shall not be required
provided the final plan is in substantial compliance with the approved
preliminary development plan, or area thereof. A final development plan
shall be deemed to be in substantial compliance with the approved
preliminary plan, provided no substantial modifications are proposed by the
developer. Substantial modifications shall include:
(1) Additions to land uses from those approved with the PDD
ordinance;
(2) An increase in the net residential density of more than 10%;
(3) An increase in floor area or lot coverage of more than 10%;
(4) A reduction of open space by more than 10% or a substantial
relocation of open space that would change the character of the
development;
(5) A substantial change to the elevation of the site, grading plan or
drainage plan;
(6) Changes to street locations or the traffic circulation plan;
(7) Deletions or changes to any restrictions, conditions, or
limitations that were included in the approved Preliminary
Development Plan or the PDD ordinance.
If the final development plan is not in substantial compliance with the
preliminary plan, the planning director shall, within twenty-one (2 1) days of
the date the application for approval of the final plan is filed, so notify the
developer in writing, setting out the particular ways in which the final plan is
not in substantial compliance with the preliminary plan. The developer may
make such changes in the final plan as are necessary to bring it into
compliance with the preliminary plan, or he may file a written request that the
planning commission hold a public hearing on his application for final
approval. If the developer shall fail to take either of these alternate actions
within sixty (60 days, he shall be deemed to have abandoned the plan. If such
public hearing shall be held, notice thereof shall be given, and the hearing
shall be conducted in the manner prescribed in section 42-24. Within fourteen
(14) days after the conclusion of the public hearing, the planning commission
shall either approve or deny the final plan. Said action shall be in the form
and contain the findings required for a recommendation on a preliminary
development plan.
(d) In the event a public hearing is not required and a complete application
for final approval has been filed, the planning commission shall, within 45
days of such filing, grant such plan final approval. Provided however, that in
the event a final plan is filed that meets the standards for substantial
compliance but contains modifications or variations from the approved
preliminary plan which are judged by the planning commission not to be in
the public interest, the planning commission may, after discussing
recommended revisions with the applicant, refuse to grant final approval. If
the applicant does not agree to the revisions suggested by the planning
commission or otherwise declines to revise the plan as submitted, the
planning commission may deny approval of the plan and return it to the
applicant with a written notice setting forth the reasons why one or more
modifications are not in the public interest. Such notice shall be mailed
within 14 days of the decision to deny the final development plan.
Modifications or variations that might justify denial would be any change or
modification that may affect the character or quality of the development or
affect the compatibility with nearby properties. Such changes might involve,
but are not limited to, the following: the architectural design of buildings and
structures, exterior building materials, the orientation of a building,
landscaping and screening, signage, lighting, parking, setbacks or the deletion
of buildings, structures or common use amenities.
Following the denial of a final development plan by the planning commission,
the applicant may choose to revise the plan in accordance with the
recommendations of the planning commission and resubmit it for approval,
or may within thirty (30) days of receipt of notice of denial, choose to appeal
the decision of the planning commission to the governing body for final
decision.
(e) Following approval of a final development plan by the planning
commission or approval on appeal by the governing body, all required
signatures shall be affixed to the final development plan. The approved final
development plan and all other final plan documents shall be filed in the
zoning administrator's office. All applicable covenants and owners
association documents must be approved and filed in the register of deeds
office prior to issuance of any building permits.
(f) If a final development plan is approved and thereafter the developer
shall abandon part or all of said development plan and shall notify the
planning commission in writing, then no further development shall take place
and the governing body shall adopt an ordinance repealing the planned
development district ordinance and rezoning the property back to the zoning
district classification which existed just prior to the application for a planned
development district. The property owner may make application for rezoning
to some other zoning district classification and the planning commission shall
consider the application in the same manner as for any application for
rezoning.
If the developer fails to commence the construction of an approved final
development plan within 18 months of the approval date and has not applied
for an extension of the above time limits, the planning commission shall
revoke its approval of the final plan and shall so notify the developer in
writing. If, within 30 days of receipt of the notice of such revocation, the
developer does not present to the planning commission an application for
reinstatement of the final development plan, the planning commission shall
consider that the plan in question has been abandoned and the governing body
shall adopt an ordinance repealing the planned development district ordinance
and rezoning the subject property back to its former zoning classification."
Section 2. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
{ SEAL}
ATTEST:
4D. L g, CMC, City erk
Introduced: November 3, 1997
Passed: November 10, 1997
Knstin M. Seaton, Mayor