04-10251 Zone Upper Mill HeightsD
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(Published in the Salina Journal on December —13, 2004)
ORDINANCE NUMBER 04-10251
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, the owner of the following described property has requested that the approved
development plan for the Birch Manor Condominiums Planned Development District be
abandoned; and
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. DISTRICT "PDD". PLANNED DEVELOPMENT
DISTRICT. That the Zoning District Map of the City of Salina, Kansas duly adopted and
published as 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:
All of Lot 12, Upper Mill Heights Addition Number 2 to the City of Salina,
lying south and east of Upper Mill Heights Drive, except a portion of Lot 12
lying east of Upper Mill Heights Drive described by metes and bounds as
follows:
Beginning at the southeast corner of Lot 12, Upper Mill Heights
Addition Number 2 to the City of Salina; thence along the east
property line of Lot 12, Upper Mill Heights Addition Number 2, on a
bearing of N00°29'E, a distance of 243.00 feet to the northeast
corner of said exception; thence on a bearing of N90°00'E, a distance
of 125.00 feet; thence on a bearing of N19°50'W, a distance of 46.48
feet; thence on a bearing of N68°40'E, a distance of 92.00 feet;
thence on a bearing of N5°40'E, a distance of 38.00 feet; thence on a
bearing of S84°20'E, a distance of 152.00 feet; thence on a bearing
of N00°003'W, a distance of 143.00 feet; thence on a bearing of
N90°00'E, a distance of 347.76' feet to the point of beginning.
shall become a part of an amended DISTRICT "PDD". PLANNED DEVELOPMENT
DISTRICT.
Section 2. CONDITIONS OF APPROVAL. That use of said described property
shall be subject to all the conditions, restrictions and limitations as made as provided for in
Ordinance Number 8526, the same being Chapter 42 of the Salina Code with reference to
the PLANNED DEVELOPMENT DISTRICT. Development and use 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:
A. Use limitations shall be as follows:
(1) Permitted uses on the site shall be limited to twenty-seven
(27) multi -family residential apartment units and customary
accessory buildings and uses servicing residents.
(2) No substantial modifications to the approved development
plan and no construction of additional dwellings units may
occur until after a public hearing has been held pursuant to
notice by section 42-24(b) and findings of fact and
recommendations have been prepared by the planning
commission and transmitted to the board of commissioners in
the manner required by section 42-404(b)(1).
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Section 3. AMENDMENT. DISTRICT "A-199. 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 property be rezoned as
follows, to -wit:
All of Lot 12, Upper Mill Heights Addition Number 2 to the City of Salina,
lying north and west of Upper Mill Heights Drive and south of the south lot
lines of Lots 9,10,11 in said Addition; save and except a portion of the
drainage easement in said Lot 12, lying north and west of Upper Mill
Heights Drive described by metes and bounds as follows:
Beginning at the southeast corner of Lot 10, Upper Mill Heights
Addition Number 2 to the City of Salina; thence along the south line
of Lot 11, Upper Mill Heights Addition Number 2, on a bearing of
N85°08'45"E, a distance of 160 feet to the southeast corner of said
Lot 11; thence continuing along the arc made by the inside of street
curve number 2 of Upper Mill Heights Drive (R=160.99';
D°=35°35'23") a distance of 45.75 feet, thence on a bearing of
S85°45'37"W, a distance of 150 feet, thence on a bearing of
S69°44'37"W, a distance of 230 feet, thence on a bearing of
N55°30'23"W, a distance of 260 feet, more or less, to the center line
of the Smoky Hi 11 River, thence Northerly down the center of the
Smoky Hill River, a distance of 110 feet, more or less, to the south
line of Lot 9, Upper Mill Heights Addition Number 2; thence along
the south line of Lots 9 and 10, Upper Mill Heights Addition
Number 2 on a bearing of S72'1 9'31 "E a distance of 420 feet, more
or less, to the point of beginning.
shall become a part of DISTRICT "A-1 ". AGRICULTURAL DISTRICT.
Section 4. That Ordinance Number 80-8798 is hereby repealed.
Section 5. ABANDONMENT OF DEVELOPMENT PLAN. That the recorded
final development plan for the Birch Manor Condominiums Planned Development District
recorded in Miscellaneous Book 123, Page 119 in the Saline County Register of Deeds
Office and the condominium arrangement is hereby voided and is no longer in effect.
Section 6. That this ordinance shall be in full effect from and after its adoption and
publication once in the official city newspaper.
[SEAL]
ATTEST:
3nen-Anne ,- E Ie, lI -
Penny Day, puty Ci Clerk
Introduced: December 6, 2004
Passed December 13, 2004
Shadwick, Mayor