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 County, Kansas and addressed as 1300 and 1302 McAdams Road and 1301 and 1303 Meyer Drive. (“the Property”)
The Governing Body makes the following findings:
- All conditions precedent for the amendment of the City’s Zoning District Map and the rezoning of the Property have been timely met;
- 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.
- The planned development consisting of four (4) existing townhome units will not substantially injure or damage the use, value and enjoyment of surrounding property nor hinder or prevent the development of surrounding property in accordance with the land use plan. All surrounding 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 County, 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 County, 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:
- Zoning district regulations.Development and 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 County, Kansas shall be limited to the uses permitted in the R-2 (Multiple-Family Residential) district and 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 modifications.Pursuant to Salina Code Sec. 42-403(a)(12), otherwise applicable district regulations shall be varied or modified as follows:
- On Parcel 2 – 1302 McAdams Road
- A reduction in the required side yard setback of 2.5 ft. from 7.5 ft. to 5 ft. from the east property line.
- A reduction in the required rear yard setback of 9 ft. from 25 ft. to 16 ft. from the south property line.
- A variation from the maximum lot coverage allowed in an R-2 district from 35% to 48.18% of the building lot.
- On Parcel 4 – 1303 Meyer Drive
- A reduction in the required side yard setback of 1.5 ft. from 7.5 ft. to 6 ft. from the east property line.
- A reduction in the required rear yard setback of 3 ft. from 25 ft. to 22 ft. from the north property line.
- A variation from the maximum lot coverage allowed in an R-2 district from 35% to 45.14%.
- Additional conditions.Development and use of the Property shall be subject to the following additional conditions:
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. Repealer. 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.
Introduced: May 15, 2023
Passed: May 22, 2023
Michael L. Hoppock, Mayor
JoVonna A. Rutherford, City Clerk