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93-9596 Zone Country OakKinn -Cl, Priming — Salina, Kansas (Published in The Salina Journal September A, 1993) ORDINANCE NUMBER 93-9596 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 ORDINANCE NUMBER 90-9392, AND REPEALING SUBSECTIONS THREE THROUGH ELEVEN OF SECTION TWO OF SAID ORDINANCE NUMBER 90-9392. 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, Kansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. AMENDMENT. DISTRICT "PDD/R-21. PLANNED DEVELOPMENT DISTRICT/ MULTI -FAMILY RESIDENTIAL. 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: Lots Four (4) through Thirteen (13) , Block One (1) ; Lots One (1) through Six (6) , Block Two (2) , in the Replat of Lots Fourteen (14) through Twenty-eight (28) , Block One (1) , Lots Ten (10) through Sixteen (16) , Block Three (3) , and Lots One (1) through Three (3), Block Four (4), Country Oak Estates Subdivision, City of Salina, Saline County, Kansas. shall become a part of District "PDD/R-2". PLANNED DEVELOPMENT MULTIPLE FAMILY RESIDENTIAL DISTRICT. Section 2. AMENDMENT. DISTRICT "PDD/C-2" . PLANNED DEVELOPMENT / NEIGHBORHOOD SHOPPING 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: Lots Fourteen (14), Fifteen (15), Sixteen (16), Seventeen (17) , Eighteen (18) , Block Five (5) , Country Oak Estates Subdivision, City of Salina, Saline County, Kansas. shall become a part of District "PDD/c-2". PLANNED DEVELOPMENT / NEIGHBORHOOD SHOPPING DISTRICT. Kuhn-CoK Printing — Saline, Kansas Section 3 . AMENDMENT. DISTRICT 11PDD/C-5" . PLANNED DEVELOPMENT / SERVICE COMMERCIAL 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: Lots One (1) , Two (2) , Three (3) , Block One (1) in the Replat of Lots Fourteen (14) through Twenty-eight (28) , Block One (1) , Lots Ten (10) through Sixteen (16) , Block Three (3), and Lots One (1) through Three (3), Block Four (4) , Country Oak Estates Subdivision, City of Salina, Saline County, Kansas. shall become a part of District "PDD/C-5. PLANNED DEVELOPMENT / SERVICE COMMERCIAL DISTRICT. Section 4. CONDITIONS OF APPROVAL. That 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 PLANNED DEVELOPMENT DISTRICT and the following conditions, to -wit: 1. Development of the property shall be subject to the plans on file with the City Planning Commission and/or City Clerk. 2. That the commercial area designated as Lots One (1) , Two (2) , and Three (3) , Block One (1) , Replat of Country Oak Estates Subdivision, must comply with the requirements of the C-5 (Service Commercial District) except the following permitted uses are prohibited: a) Automobile sales, rental and service b) Boat sales, rental and service c) Equipment sales and rental d) Pest control and exterminators e) Recreational vehicles sales, rental and service f) Truck plazas and truck washes g) Truck sales and service 3. The commercial area designated Lots Fourteen (14) through Eighteen (18) , Block Five (5) , Country Oak Estates Subdivision must comply with the requirements of C-2 (Neighborhood Shopping District) except that the following C-1 uses are also permitted: a) Office buildings and clinics b) Mail-order houses and on Lot Seventeen (17) , mini -warehouses shall also be permitted as a conditional use. 4. The residential area designated Lots Four (4) through Thirteen (13) , Block One (1) ; and Lots One (1) through Six (6) , Block Two (2) , in the Replat of Country Oak Estates Addition must comply with the requirements of the R-2 (Multiple Family Residential District) . Kunn Cox Priming — Sabina. Kansas 5. Evergreen plantings at least four feet (4') high shall be placed a minimum of twenty feet (20') apart in the rear yards of Lots Four (4) through Thirteen (13) , Block 1, Replat of Country Oak Estates Subdivision. 6. The applicant shall submit a final site development plan for the commercial tracts to the City Planning Commission for review and approval prior to the issuance of any building permits for those tracts. 7. A note shall be placed on the replat indicating that the City of Salina shall not be responsible for costs or maintenance related to excavation and/or repair of street constructed over KPL Gas Service's high pressure gas line or gas line easement. 8. Plans and specifications for storm drainage must be approved by the City Engineering Department prior to issuance of any building permits for Lots One (1), Two (2) and Three (3), Block One (1), Replat of Country Oak Estates Subdivision. 9. The developer shall be responsible for the installation of traffic signals and median improvements at the intersection of Schilling Road and Marcella Drive if a traffic signal warrant is met in accordance with the "Manual of Uniform Traffic Control Devices" within ten (10) years following issuance of a certificate of occupancy for commercial development of the property. Prior to issuance of a building permit for commercial development, legal assurances shall be provided to the city guaranteeing the installation of said improvements. Section 5. That the existing Subsections Three (3) through Eleven (11) , of Section 2 of Ordinance Number 90-9392 are hereby repealed. Section 6. 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: Jacqueline Shiever, CMC City Clerk Introduced: September 13, 1993 Passed: September 20, 1993 Peter F. Brungardt, Mayor