93-9573 Zone Holiday ResortsKuhn -Cox Printing — Salina. Kansas
(Published in The Salina Journal June 1993)
ORDINANCE NUMBER 93-9573
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.
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 "PDD". PLANNED
DEVELOPMENT DISTRICT. 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 as follows, to -wit:
A tract of land located in the Northeast Quarter (NE -41) of
Section Seventeen (17), Township Fourteen (14) South,
Range Two (2) West of the Sixth Principal Meridian in
Saline County, Kansas more particularly described as
follows:
Commencing at the Northeast corner of said Section
Seventeen (17);
Thence west along the north line of said section on an
assumed bearing of South eighty-nine degrees thirteen
minutes twenty-two seconds West (S89°13'22"W.) a distance
of two hundred twenty and zero hundredths (220.00) feet;
Thence South zero degrees zero minutes West (S.00°00'W.)
a distance of fifty and zero hundredths feet (50.00') to
the southerly right-of-way line of Country Club Road, said
point being the point of beginning;
Thence South zero degrees zero minutes West (S.00°00'W.)
a distance of three hundred forty-six and zero hundredths
feet (346.00');
Thence North eighty-nine degrees thirteen minutes
twenty-two seconds East (N.89 -13'22"E.) a distance of one
hundred ninety and zero hundredths feet (190.00') to the
Easterly right-of-way line of Holmes Road;
Thence South zero degrees zero minutes West (S.00°00'W.)
along the said easterly right-of-way, a distance of one
thousand eighty-nine and three hundredths feet (1089.03') ;
Thence South eighty-nine degrees thirteen minutes
twenty-two seconds West (S89°13'22"W.) a distance of seven
hundred eighty-four and twenty-one hundredths feet
(784.21');
Thence North zero degrees five minutes thirty-eight
seconds West (N00°05'38"W.) a distance of one thousand
four hundred thirty-five and zero hundredths feet
(1435.00') to the southerly right-of-way line of Country
Club Road;
K.hn-Co. Pn.nting — Salina, Kansas
Thence North eighty-nine degrees thirteen minutes
twenty-two seconds East (N89°13'22"E.) a distance of five
hundred ninety-six and fifty-six hundredths feet (596.56')
back to the point of beginning.
The above described tract of land contains 24.3621 acres
more or less.
Also known as Holiday Resorts Addition to the City of
Salina, Saline County, Kansas.
shall become a part of District "PDD". PLANNED DEVELOPMENT DISTRICT.
Section 2. CONDITIONS OF APPROVAL. That the use of said
described property in Section 1 above 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 PLANNED
DEVELOPMENT DISTRICT. 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 limitations shall be as follows:
a) Lot 8, Block 1 shall be limited to an adult
care/nursing home facility containing no more
than 120 beds.
b) Lot 3, Block 4 shall be limited to an assisted
living/group care facility for the elderly (age
60 and over) containing no more than 35 units.
c) That part of Lot 3, Block 4 designated as a
drainage easement shall be limited to a storm
water retention pond having a minimum capacity
of 90,000 gallons.
d) All storage of materials and equipment on Lot 8,
Block 1 and Lot 3, Block 4 shall be within a
completely enclosed building.
e) All other lots shall be limited to the uses
permitted in the R Single -Family Residential
District.
f) All lots shall be subject to the lot size and
bulk regulations specified in the R Single -Family
Residential District.
2. A final plat shall be submitted and approved prior to
final approval of the preliminary planned development
district.
3. The City Engineer shall approve plans and
specifications for the storm water detention pond
prior to issuance of any building permit; construction
shall be completed prior to issuance of a certificate
of occupancy. In the event surface runoff is
insufficient to maintain the required minimum
capacity, groundwater wells and/or public water
sources shall be employed to maintain 90,000 gallons
of water in the retention pond for fire protection
purposes at all times.
4. The City Engineer shall certify that adequate water
supply exists to meet minimum fire -flow requirements
for all proposed buildings or the owner shall comply
with applicable exemption criteria prior to issuance
of a building permit.
Kuhn-Gor Printing —Salina, Kansas
5. The Fire Chief shall approve plans and specifications
for the drafting station and
emergency entrance from
Holmes Road prior to the
issuance of a building
permit; construction shall
be completed prior to
issuance of a certificate of occupancy.
6. Development of Phases I
& I1 - The Adult
Care/Nursing Home Facility
and the Assisted Living
Complex shall substantially
conform to the approved
preliminary development plan and the exterior
elevation drawings submitted
by the applicant shall be
incorporated as part of
the preliminary planned
development district.
7. A separate request for final development plan approval
for Phases I & II - The Adult Care/Nursing Home
facility and the Assisted Living Complex shall be
filed following approval of the preliminary planned
development district.
8. The applicant shall submit legal assurances to the
city consenting to the establishment of a special
assessment district and obligating the abutting land
within the proposed development for one-half of the
total cost to reconstruct two lanes on Holmes Road to
city residential street standards. Said assurance
shall be valid for a 10 year period and legally
binding on existing and future owners of land within
the development. This covenant shall be recorded
with the final plat.
9. A note shall be added to the preliminary development
plan as follows: "Maintenance of the pond area and
the other open space areas delineated on this site
plan on Lot 3, Block 4 and Lot 8, Block 1 will be
performed by Holiday Resort, Inc. or its assignees as
long as the planned development is used as a
retirement facility for the elderly. Maintenance of
lawns, ground cover, trees, shrubs, recreation
structures and equipment and other landscape features
will be in general conformance to standard municipal
park, cemetery and other public building grounds
maintenance practices utilized by the City of Salina."
10. The applicant shall submit a revised preliminary
development plan containing all noted corrections
prior to final consideration by the City Commission.
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:
Jacquleline Shiever, CMC
City Clerk
Introduced: June 14, 1993
Passed: August 23, 1993
Peter F. Brungardt, Mayor