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03-10138 Zone RiverRun(Published in the Salina Journal on July 2003) Co ,,dak� ORDINANCE NUMBER 03-10138 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: Lots 1-7, Block 1; Lots 1-23, Block 2; Lots 1 — 5, Block 3; Lots 1-8, Block 4; Lot 1, Block 5; Lots 1-4, Block 6 and all areas identified as common area in the RiverRun 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 shall be subject to all 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. Development limitations shall be as follows: a. Development on Lot 5, Block 3 and Lots 1-8, Block 4 (the Estates lots) shall be subject to the uses permitted, lot size and bulk regulations specified in the R Single -Family Residential District. b. Development on Lots 1-3 and Lot 23, Block 2, Lots 1-4, Block 3, and Lots 1-4, Block 6 (the Manor lots) shall be subject to the uses permitted, lot size and bulk regulations specified in the R-1 Single -Family Residential District. c. Development on Lots 1-7, Block 1 and Lots 4-22, Block 2 (the Villa lots) shall be subject to the uses permitted, lot size and bulk regulations specified in the R- 1 Single -Family Residential District except that the front yard setback requirement for Villa units with side loading garages shall be reduced to 15 feet. and the side yard setback requirement for all Villa units shall be reduced to 6.5 feet. d. Development of Lot 1, Block 5 (the Townhome area) shall be limited to the uses permitted, lot size and bulk regulations of the R-2 Multi -Family Residential District. Development shall be limited to 30 single-family attached dwellings containing no more than six (6) units per building. e. No development shall occur within the Common Area but all Common Area within the RiverRun Addition shall have a zoning designation of R-1 Single - Family Residential District. 2. A final development plan for Lot 1, Block 5 shall be reviewed and approved by the Planning Commission prior to issuance of a building permit for that site. 3. 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 residential development for its proportionate share of the total cost to reconstruct two lanes on Marymount Road to city residential street standards. Said assurance shall be Co�sol�rveleM1Se6ne valid for a 15 year period and legally binding on existing and future owners of land within the development. This covenant shall be recorded with the final plat. 4. The applicant shall submit legal assurances to the City consenting to the establishment of a special assessment district and obligating the land within the proposed residential development for its proportionate share of the total cost to construct an 1,100 ft. southerly extension of Marymount Road to city residential street standards. Said assurance shall be valid for a 15 year period and legally binding on existing and future owners of land within the development. This covenant shall be recorded with the final plat. 5. The applicant shall submit legal assurances to the city consenting to the establishment of a special assessment district and obligating the land within the proposed residential development for one-third of the total cost of an off-site water line connection to the 16 inch water line located on the south side of Magnolia Road. Said assurance shall be valid for a 15 year period and legally binding on existing and future owners of land within the development. This covenant shall be recorded with the final plat. 6. An emergency entrance and all weather access road from the Elks Country Club parking lot to Overlook Drive shall be constructed as part of Phase I of the development. The Fire Chief shall approve plans and specifications for the proposed fire access road prior to the issuance of a building permit for any lot within the subdivision. Construction shall be completed prior to issuance of any certificates of occupancy. 7. The Director of Utilities shall certify that adequate water supply exists to meet minimum fire -flow requirements for all proposed building lots in the RiverRun Addition or the owner shall comply with applicable exemption criteria, prior to issuance of any building permits within the subdivision. Section 3. AMENDMENT. DISTRICT "A-1", AGRICULTURAL 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 unplatted tract be rezoned as follows, to -wit: A tract of land located in the Northeast Quarter of Section 30, and. the Southeast Quarter of Section 19, Township 14 South, Range 2 West of the 6th Principal Meridian, Saline County, Kansas, being more particularly described as follows: Commencing at the northeast corner of said northeast quarter; Thence on an assumed bearing of s 00°29'20" E along the east line of said Quarter Section a distance of 1214.78 feet to the point of beginning of the tract to be described to a point on the Centerline of Smoky Hill Riverbed; Thence N 75°08'50" W along said centerline a distance of 468.94 feet; Thence N 73°47'40" W continuing along said centerline a distance of 359.85 feet; Thence N 65°29'10" W continuing along said centerline a distance of 574.20 feet; Thence N 61'57'00" W continuing along said centerline a distance of 252.08 feet to a point on the centerline of Smoky Hill River; Thence N 12°21'03" W along said centerline of Smoky Hill River a distance of 309.53 feet; Thence N 08°20'19" W continuing along said centerline a distance of 577.98 feet; Thence N 09°23'38" E continuing along said centerline a distance of 486.46 feet; Thence N 35°38'56" E continuing along said centerline a distance of 535.95 feet to a point on the north line of said Northeast Quarter; Thence N 89°09'49" E along said north line, a distance of 119.10 feet; Thence S 44°23'28" E a distance of 358.81 feet: Thence S 16°18'02" W a distance of 239.88 feet; Thence S 08°34'12" E a distance of 184.11 feet; Thence S 13°01'31" E a distance of 260.00 feet; Thence S 02°07'49" E a distance of 160.90 feet; Thence S 81°17'11" E a distance of 266.74 feet; Thence N 68°54'33" E a distance of 91.81 feet; Thence N 83°37'11" E a distance of 90.81 feet; Thence N 70°20'26" E a distance of 126.89 feet; C"I'l.altm Saline Thence N 51 °43'00" E a distance of 147.93 feet; Thence S 38°17'00" E a distance of 16.71 feet; Thence on a curve to the right having a radius of 475.00 feet, a chord bearing of S 23°57'10" E, a chord distance of 235.14 feet, an arc distance of 237.61 feet; Thence N 80°22'41" E a distance of 117.51 feet; Contains 52.84 acres more or less. Subject to easements restrictions and reservations now of record. shall become a part of DISTRICT "A-1", AGRICULTURAL DISTRICT. Section 4. That all prior ordinances in conflict herewith as they relate to the above described real estate are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: April 7, 2003 Passed: July 7, 2003 Alan E. Jilka, Mi, or (SEAL) ATTEST: Lieu Ann Nicola, City Clerk