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04-10251 Zone Upper Mill HeightsD r: 1 (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). 1 1 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