96-9738 Zone Cedar Creek(Published in The Salina Journal January /4, 1997)
ORDINANCE NUMBER 96-9738
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 AND AMENDING
THE
COMPREHENSIVE PLAN.
following described property be rezoned
to become a part of
District
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, SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. AMENDMENT.
DISTRICT "MH -P".
MANUFACTURED
HOME PARK. That the Zoning District
Map of the City of
Salina,
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
to become a part of
District
"MH -P".
MANUFACTURED HOME PARK.
A tract of land located in "Reserve A" of the
Fox Run Addition to the City of Salina in the
Southeast Quarter of the Northwest Quarter
(SE -41 NW -41) of Section 2, Township 15, Range 3
West of the Sixth Principal Meridian in Saline
County Kansas, described as follows:
- Beginning at the Southeast corner of said
Southeast Quarter of the Northwest Quarter (SE -41
NW4) , thence on an assumed bearing of North 89
degrees 49 minutes 22 seconds West
(N89049'22"W), along the south line of said
Southeast Quarter (SE4), a distance of One
Hundred Fifty -Five and Zero Hundredths
(155.00) feet, to a nontangent curve bearing to
the right with a chord bearing of North 17
degrees 45 minutes 59 seconds East
(N17045'59"E), and radius of Seven Hundred
Ninety -Five and Zero Hundredths (795.00) feet
and central angle of 7 degrees 12 minutes 25
seconds (7012'25");
- thence Northerly along said curve an arc
distance of Four Hundred Ninety -Two and Eight
Hundredths (492.08) feet to a tangent line;
- thence North 35 degrees 29 minutes 54 seconds
East (N35029'53E), a distance of Fourteen and
Seventy -One Hundredths (14.71) feet, to a point
on the east line of said Southeast Quarter of said
Northwest Quarter ( SE4 NW4) ;
- thence South 00 degrees 09 minutes 28 seconds
West (S00009'28"W), along the east line of said
Southeast Quarter of the Northwest Quarter (SE -1
NW4) , a distance of Four Hundred Seventy -Six
and Sixty -Two Hundredths (476.62) feet, to the
point of beginning.
Said tract of land contains Fifty Thousand
Forty -Three and Thirty -Two Hundredths
(50,043.32) square feet, or One and Fifteen
Hundredths (1.15) acres, more or less. Said
tract of land is subject to all easements and
right of ways of record.
AND
A tract of land located in "Reserve A" of the
Fox Run Addition to the City of Salina, in the
Southeast Quarter of the Northwest Quarter (SE-41
NW-41) of Section 2, Township 15, Range 3 West
of the 6th Principal Meridian in Saline County,
Kansas, described as follows:
- Beginning at the Southeast corner of said
Southeast Quarter of the Northwest Quarter (SE-41
NW4) , thence on an assumed bearing of North 00
degrees 09 minutes 28 seconds East
(N00009'28"E), along the east line of said
Southeast Quarter (SE-41), a distance of Five
Hundred Eighty-Six and Sixty-Eight Hundredths
(586.68) feet, to the point of beginning;
- thence North 54 degrees 30 minutes 06 seconds
West (N54030'06"W), a distance of Forty-Five and
Sixty Hundredths (45.60) feet;
- thence North 35 degrees 29 minutes 54 seconds
East (N35029154"E), a distance of Sixty-Four and
Thirty Hundredths (64.30) feet, to a point on
the east line of said Southeast Quarter of the
Northwest Quarter (SE-41 NW4);
- thence South 00 degrees 09 minutes 28 seconds
West (S00009'28"W), along said East line, a
distance of Seventy-Eight and Eighty-Three
Hundredths (78.83) feet, to the point of
beginning.
Said tract of land contains One Thousand Four
Hundred Sixty-Six and Two Hundredths
(1466.02) square feet, or Three Hundredths
(0.03) acres, more or less. Said tract of land is
subject to all easements and right of ways of
record.
AND
A tract of land located in the Southwest Quarter
of the Northeast Quarter (SW-41 NE4)of Section Two
(2) , township Fifteen (15) , Range Three (3)
West of the Sixth (6th) P.M. in Saline County,
Kansas, described as follows:
- Beginning at the Northwest corner of said
Southwest Quarter (SW4), thence on an assumed
bearing of South 89 degrees 56 minutes 29
seconds East (S89056'29"E), along the north line
of said Southwest Quarter ( SW4) , a distance of
One Thousand Two Hundred Ninety-six and Five
Hundredths (1296.05) feet, to a point on the
west right of way line of Interstate Highway 135;
- thence South 00 degrees 26 minutes 26 seconds
West (S00026'26"W), along Interstate Highway 135
west right of ' way line, a distance of Three
Hundred Ninety-four and Ninety Hundredths
(394.90) feet, thence on a tangent curve, to the
right, with a radius of Five Thousand Five
Hundred Nineteen and Sixty-five Hundredths
(5519.65) feet and a chord bearing South 04
degrees 10 minutes 17 seconds West
(S04010' 17"W) , a distance of Seven Hundred
Eighteen and Forty-nine Hundredths (718.49)
feet, thence along said curve an arc distance of
Seven Hundred Nineteen (719.00) feet, along
said Interstate Highway 135 west right of way
line, to a nontangent line;
- thence North 89 degrees 56 minutes 55 seconds
West (N89056'55"W) , parallel with the south line
of said Southwest Quarter (SW-41), a distance of
Six Hundred Twenty-three and Thirty-one
Hundredths (623.31) feet;
- thence South 00 degrees 28 minutes 00 seconds
West (S00028100"W), a distance of Two Hundred
Fifteen (215.00) feet, to a point on the south
line of said Southwest Quarter (SW4);
- thence North 89 degrees 56 minutes 55 seconds
West (N89056'55"W) , along the south line of said
Southwest Quarter, a distance of Six Hundred
Nineteen and Thirty-four Hundredths (619.34)
feet, to the Southwest corner of said Southwest
Quarter ( SW4 ) ;
- thence North 00 degrees 09 minutes 28
seconds
East (N00009'28"E), along the west line
of said
Southwest Quarter (SW -41), a distance
of One
Thousand Three Hundred Twenty-six and
Sixty-nine Hundredths (1326.69) feet,
to the
point of beginning.
Said tract is subject to any easements or
right of
ways of record. Said tract of land contains One
Million Five Hundred Fifty-nine Thousand Seven
Hundred Eighty-nine (1,559,789) square
feet or
Thirty-five and Eighty-one Hundredths
(35.81)
acres, more or less.
(3)
Section 2. CONDITIONS OF APPROVAL.
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 MANUFACTURED HOME
PARK. Development of the property shall be subject to the plans on file with
the City Planning Commission and/or City Clerk and the following conditions,
to -wit:
1. Development of the site shall be subject to Sections
42-222 thru 230 of the MH -P Manufactured Home Park
regulations with the following additions and
exceptions:
a. Manufactured home lots with frontage on Marcella
Drive shall be subject to the following
development limitations:
(1) Housing units shall be residential -design
manufactured homes, modular homes or site
built dwellings.
(2) The minimum lot area shall be 5,500 square
feet with a minimum width of Fifty-five (55)
feet and a minimum lot depth of
One -Hundred (100) feet.
(3) The minimum front yard setback shall be
Twenty-five (25) feet, the minimum side
yard setback shall be Seen and Five Tenths
(7.5) feet, and the minimum rear yard
setback shall be Fifteen (15) feet.
(4) Maximum lot coverage shall be Forty percent
(40%).
(5) Maximum of one Twenty (20) feet wide
driveway per lot except a continuous
landscape buffer shall be required along Lots
1, 2, and 3.
b. Manufactured home Lots 4, 17, 18, 29, 30, 41,
and
42 adjacent to the drainage ditch shall be
subject to the following development limitations:
(1)
Housing units shall be multi -section
manufactured homes, residential -design
manufactured homes, modular homes or
site -built dwellings.
(2)
The minimum lot area shall be Five
Thousand (5,000) square feet with a minimum
lot width of Fifty (50) feet and a minimum
lot depth of One -Hundred (100) feet.
(3)
The minimum front yard setback shall be
Twenty (20) feet, the minimum side yard
setback shall be Five (5) feet, and the
Awa
minimum rear yard setback shall be Ten
(10) feet.
(4) Maximum lot coverage shall be Forty percent
(407.)-
C. All other manufactured home lots shall be subject
to the following development limitations:
(1) Housing units placed on all remaining lots
must be newly constructed and must contain
a seal indicating they were built according
to National Manufactured Home Construction
and Safety (HUD Code) Standards.
(2) Single -section units must have a minimum
width of Fourteen (14) feet and a minimum
length of Sixty-six (66) feet, excluding the
hitch, and multi -section units must have a
minimum width of Twenty -Eight (28) feet
and a minimum length of Forty -Eight (48)
feet.
(3) The exterior wall covering must consist of
siding materials customarily used on
conventional dwellings, including, but not
limited to, wood, vinyl or metal lap siding,
vertically or horizontally grooved wood
siding. Flat, ribbed or corrugated metal or
plastic panels shall not be permitted.
(4) All main buildings and detached garages
shall have a pitched roof. Carports may
have flat
roofs. Metallic roofing surfaces must be
coated with a nonreflective and nonmetallic
material. Use of corrugated metal or plastic
panels shall not be permitted.
(5) The hitch and wheels must be removed from
all units.
(6) All housing units shall be tied down and
blocked as designated by K.S.A. 75-1226
thru 75-1232.
(7) All housing units shall be skirted with a
solid and wind resistant material designed
for exterior use. Skirting shall be securely
attached and shall enclose the total open
area under the manufactured home.
(8) The unit must be permanently connected to
all utilities in conformance with applicable
city Codes.
(9) Each lot shall have a single separate
entrance from a paved private street ad two
off-street parking spaces.
(10) A Twenty -Five (25) foot landscape buffer
shall be installed along the eastern
perimeter of the park adjacent to I-135.
2. A final manufactured home park plan and a final plat
shall be submitted and approved prior to final approval
of MH -P zoning for the site.
3. Notes 1 - 9 spelled out in the landscape architect's
letter dated March 26, 1996, shall be placed on the
preliminary and final manufactured home plans as
Development Notes and Limitations along with the
following:
a. Maintenance of internal private streets, community
facilities, and other open space areas delineated
on the park plan will be the responsibility of the
park owner.
b. Internal park streets shall have a minimum of
Twenty -Four (24) feet of paved driving surface
and no on -street parking shall be permitted.
C. A note indicating the applicant's proposed plan
(description, size, and location) for providing a
storm shelter for the Forty -Seven (47) units in
Phase I of the development.
4) The applicant shall complete or submit a valid petition
for the extension of Marcella Drive from its present
terminus to the south right-of-way line of the main
park entrance toad and shall construct an access road
connecting the entrance road to the frontage road
adjacent to I-135 in Phase I of the development.
Marcella Drive shall be extended its entire length at
such time as development exceeds Seventy y percent
(70%) of the proposed number of units in the
development.
5) The applicant shall install or submit a valid petition
for the installation of a public water line of a size
to be determined by the City Engineer connecting the
Six inch (6") water line in Huehl Circle to the
extension of the Six-inch (6") water line in Marcella
Drive in Phase I of he development. The public
water line in Marcella Drive shall be installed in
conjunction with the extension of Marcella Drive.
Section 3. 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 :
Ili -
D . L g, CMC , Cit Clerk
Introduced: May 6, 1996
Passed: January 6, 1997
Evel�y�n Maxwell, Mayor