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87-9193 Zone Eastridge Addition(Published in The Salina Journal June N , 1987) ORDINANCE NUMBER 87-9193 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, Kansas: BE IT ORDAINED BY THE Governing Body of the City of Salina, Section 1. AMENDMENT. PDR. 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: 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 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. Approval is subject to the approved Preliminary Development Plan which is on file in the City Clerk's Office and is incorporated herein by reference. 2. The final site plan shall show existing property lines at the street for Lot 9, Block 1 ; Lots 3 and 4, Block 2; and Lots 4, 5, 7, 13, Block 3. A separate instrument shall be recorded vacating the existing public street rights-of-way. Said vacation instrument shall provide Lots One (1) through Nine (9), inclusive, Block One (1); Lots One (1) through Four (4), inclusive, Block Two (2); Lots One (10 through Five (5), inclusive, Block Three (3), all in Eastridge Addition to the City of Salina, Saline County, Kansas. Tracts One (1) through Seven (7) , inclusive, Planned Development District, Lot Seven (7), Block Three (3), Eastridge 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 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. Approval is subject to the approved Preliminary Development Plan which is on file in the City Clerk's Office and is incorporated herein by reference. 2. The final site plan shall show existing property lines at the street for Lot 9, Block 1 ; Lots 3 and 4, Block 2; and Lots 4, 5, 7, 13, Block 3. A separate instrument shall be recorded vacating the existing public street rights-of-way. Said vacation instrument shall provide for reservation of a public utility easement within the existing right-of-way. The vacation instrument shall further provide that the area vacated will become the property of the Homeowners Association as common area. Said area shall be labeled as "Reserve All on the final site plan. 3. The final site plan shall show the existing lot lines for Lot 10, Block 1 and Lot 6, Block 3. The vacation instrument, referred to in Item #2 above, shall reserve a public utility easement and shall provide for ownership reverting to abutting lot owners. A separate instrument shall also be provided for the dedication of the required right-of-way necessary for a permanent cul-de-sac at the proposed termination of Fairdale Road. In addition, a valid petition or other means of assurance shall be provided for installation of the paved turnaround in accordance with city public street standards at the expense of the Homeowner's Association. 4. The final site plan shall delete any public street names within the development with the new street names incorporating the name of the development, all subject to approval of the City Engineer. 5. An instrument shall be provided increasing the width of the private street easement serving Block Three (3) to forty (40) feet. 6. The final site plan shall include the following two notes: "All maintenance of the right-of-way and street surface shall be the responsibility of the homeowner's association. No private street may be dedicated to nor accepted by the City of Salina for public street purposes until it is brought into conformance with the minimum standards for public streets of the City." "Access is hereby granted over all private streets to public employees and vehicles for the purpose of providing necessary services to adjacent lot owners." 7. A sign shall be installed at each intersection of a public and private street which reads: "Private Street". 8. The Declaration of Covenants, Conditions and Restrictions shall be amended to grant the City of Salina the right, at the expense of the Homeowners Association, to remedy any default with respect to proper maintenance of the common area. Section 3. TIME SCHEDULE FOR COMPLETION. Development of the site shall be timed according to the following schedule, to -wit: 1. Final P.D.D. - An application shall be filed for i approval of a Final Development Plan within three (3) years from the date of publication of this ordinance. 2. Complete Development - Five (51, years from the date of publication of this ordinance. Section 4. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: June 15, 1987 i� [SEAL] ATTEST: D. L. Harrison, City Clerk 1 Passed: June 22, 1987 Stephen C. Ryan, Mayor