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80-8771 Zone Twin Oaks II1 1 ORDINANCE NUMBER 80-8771 (Published in The Safina Journal �� l� 1980) J AN ORDINANCE PROVIDING FOR THE AMENDMENT OF ORDINANCE NUMBER 8526, THE SAME BEING CHAPTER 36 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 land 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. DISTRICT "P.D.D." PLANNED DEVELOPMENT DISTRICT. That the Zoning District Map of the City of Salina, Kansas, hereto duly adopted and published as a part of Ordinance Number 8526, the same being Chapter 36 of the Salina Code, be and it is hereby amended so that the following described property be rezoned as follows, to -wit: Lots 1 through 6, Block 5; Lots 1 through 7, Block 7; and Lots 12 and 13, Block 9, Twin Oaks II Addition to the City of Salina, Saline County, Kansas shall become a part of District "P.D.D." 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 36 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 Planning Commission and/or City Clerk and the following conditions, to -wit: 1. The Articles of Incorporation/By-Laws/Covenants of the Homeowner's Association be revised in accordance with the Assistant City Attorney's comments in a letter dated October 25, 1979, and on file in the Planning Department, regarding Section 36-702(2)b and 36-702(1)6 and an Architectural Control Board or other similar arrangement be included in them. 2. The evergreen trees along the proposed fence between the development and Ivey Park become maintenance responsibility of the Homeowner's Association, the spacing of the trees be reduced to one tree every five feet and further that it be erected and planted with trees during Phase I and IV (3 years) if the utilities are in the easement by that time. If the utilities are not in place in time, the fence will be erected and trees planted (no less than 6' high) as soon as they are in place or prior to Phase II (5 years). 3. 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. Section 3. TIME SCHEDULE FOR COMPLETION. Development of the site shall be timed according to the following schedule, to -wit: Phases I and IV to be developed by January 10, 1983. Phase II to be developed by January 10, 1985. Phase III to be developed by January 10, 1987. Section 4. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: December 17, 1979 Passed: January 7, 1980 (SEAL) ATTEST: 1 1 D. L. Harrison, City Clerk Karen M. Graves, Mayor