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88-9263 Zone Surveyor's PlatK,", G_'_i q — Sa' a, Kansas 1 1 (Published in the Salina Journal August ,' , 1988) ORDINANCE NUMBER 88-9263 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, and SO NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. AMENDMENT. "PDD/C-1" PLANNED DEVELOPMENT DISTRICT/RESTRICTED BUSINESS 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 in the Northeast Quarter (NES) and the Northwest Quarter (NWj) of Section 18, Township 14 South, Range 2 West of the Sixth Principal Meridian, in the City of Salina, Saline County, Kansas, said tract being a part of the East 180 feet of Lot 1 in Surveyor's Plat 8 and a part of the West 75 feet of Lot 1 in Surveyor's Plat 34, all of which is more particularly described as follows: Beginning at the northeast corner of the the Northeast Quarter (NES) of said Section 18, said point being northwest corner of Lot 1 in Surveyor's Plat 34; Thence East along the north line of said Lot 1 on a true bearing of North eighty-nine degrees twenty-six minutes twenty-four seconds East (N8912612411E) a distance of seventy-five feet; (75.0'); Thence South zero degrees thirteen minutes forty-five seconds West (S0001314511W) a distance of one hundred seventeen and ninety-eight hundredths feet (117.98) to the point of beginning Thence continuing South zero degrees thirteen minutes forty-five seconds West ((S00°13145"W) a distance of three hundred ten feet (310.01) to a point on the North Right-of-way Line of Iron Avenue; Thence North eighty-eight degrees fifty nine minutes fourteen seconds West (N88059114"W) along said Right-of-way Line a distance of two hundred fifty feet (250.0'); Thence North zero degrees thirteen minutes forty-five seconds East (N0011314511E) a distance of one hundred ten feet (110.01); Thence North eighty-eight degrees fifty-nine minutes fourteen seconds West (N88059'14"W) a distance of five feet (5.01); Thence North zero degrees thirteen minutes forty-five seconds East (N0001314511E) a distance of two hundred feet (200.01); in-Gox orir��ng—Sai na Kansas 1 Thence South eighty-eight degrees fifty-nine minutes fourteen seconds East (S88159'14"E) a distance of two hundred fifty-five feet (255.01) back to the point of beginning. The above tract of land contains 1.80 acres, more or less shall become a part of District PDD/C-1. PLANNED DEVELOPMENT DISTRICT/RESTRICTED BUSINESS. 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 PDD/C-1. PLANNED DEVELOPMENT DISTRICT/RESTRICTED BUSINESS. Section 2. AMENDMENT. "PDD/R" PLANNED DEVELOPMENT DISTRICT/SINGLE 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: A tract of land in the Northeast Quarter (NES) and the Northwest Quarter (NWJ) of Section 18 and the Southeast Quarter (SEJ) and the Southwest Quarter (SWJ) of Section 7, all in Township 14 South, Range 2 West of the Sixth Principal Meridian in the City of Salina, Saline County, Kansas; said tract being a part of the east 180 feet of Lot 1 in Surveyor's Plat 8; a part of the west 75 feet of Lot 1 in Surveyor's Plat 34 and a part of the west 75 feet of Lot 2 in Surveyor's Plat 18, all of which is more particularly described as follows: Beginning at the northwest corner of the Northeast Quarter (NES) of said Section 18, said point being the northwest corner of Lot 1 in Surveyor's Plat 34; Thence east along the north line of said Lot 1 on a true bearing of North eighty-nine degrees twenty-six minutes twenty-four seconds East (N89026124"E) a distance of seventy-five feet (75.01) to the point of beginning; Thence South zero degrees thirteen minutes forty-five seconds West (S0011314511W) a distance of one hundred seventeen and ninety-eight hundredths feet (117.981); Thence North eighty-eight degrees fifty-nine minutes fourteen seconds West (N88059'14"W) a distance of two hundred fifty-five feet (255.0'); Thence North zero degrees thirteen minutes forty-five seconds East (N0011314511E) a distance of one hundred ten and ninety-eight hundredths feet (110.98') to a point on the north line of the Northwest Quarter (NW4) of said Section 18 and one hundred eighty feet (180.0 ') west of the northeast corner of said Northwest Quarter (NWf); Thence North zero degrees six minutes two seconds East (N0010610211E) a distance of one hundred fifty three feet (153.01), more or less, to the center of the old Smoky Hill River Channel; Kura -C: P111111g — Salina. K11111 1 1 Thence North seventy-seven degrees thirty-two minutes fifty-three seconds East (N77132'53"E) along the center of said river channel, a distance of one hundred eighty-four and forty hundredths feet (184.401); Thence continuing along the center of said river channel, North sixty-eight degrees twenty-three minutes thirteen seconds East (N68023113"E) a distance of eighty and seventy-two hundredths feet (80.72') ; Thence South zero degrees six minutes two seconds West (S0000610211W) a distance of two hundred twenty feet (220.0') , more or less, back to the point of beginning. The above described tract of land contains 1.73 acres, more or less. shall become a part of District PDD/R. PLANNED DEVELOPMENT DISTRICT/SINGLE FAMILY RESIDENTIAL. 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 PDD/R. PLANNED DEVELOPMENT DISTRICT/SINGLE FAMILY RESIDENTIAL. Section 3. 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 PLANNED DEVELOPMENT DISTRICTS. Development of the property shall be subject to the plans on file with the Planning Commission and/or City Clerk and the following conditions, to -wit: 1. All drainage and utility easements shall be recorded by separate instrument or a plat accomplishing same shall be approved and recorded. 2. The additional 15 feet of right-of-way dedication on the north side of Iron Avenue shall be recorded by separate instrument or a plat accomplishing same shall be approved and recorded. 3. The restricted access control on Iron Avenue shall be recorded by separate instrument or a plat accomplishing same shall be approved and recorded. 4. Plans and specifications for water, sewer, and drainage improvements shall be approved by the Engineering Department prior to construction and no certificate of occupancy shall be issued until required improvements have been installed in accordance with approved plans. 5. A revised preliminary site development plan shall be submitted prior to City Commission approval containing the following corrections: a) Provide for the development of Phase 1 within 18 months. b) Show a maximum density of 30 percent for tracts 3 and 4. Kuhn -Cox Pinning—S,1n Kansas 1 1 1 6. Amend the Declaration of Covenants, Conditions and Restrictions (Page 8) to provide for a maximum residential building of 10,000 square feet on tracts 3 and 4. 7. A final development plan, or Phase I thereof, shall be filed within 18 months. 8. A landscaping plan shall be submitted in conjunction with the final development plan. Section 4. TIME SCHEDULE FOR COMPLETION. Development of the site shall be timed according to the following schedule, to -wit: 1. Final P.D.D. - Three (3) years from the date of publication of this ordinance. 2. Complete Development - Five (5) years from the date of publication of this ordinance. Section 5. That upon receipt of certification by the Office of the Saline County Treasurer that all ad valorem property taxes are current on the real estate described in Section 1, the City Clerk is hereby directed to publish this ordinance in the official city newspaper. 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: Robert K. Biles, City Clerk Introduced: July 18, 1988 Passe August 1, 1988 S ney Soderberg, a or Y 9• Y