Loading...
HomeMy Public PortalAboutOrd 698 Amend PUD (First published in The Ark Valley News on December 15,2022.) ORDINANCE NO: 698 AN ORDINANCE AMENDING WINKLEY ADDITION C-2 COMMERCIAL PUD TO REDUCE BUILDING SETBACKS,REMOVE CERTAIN SCREENING REQUIREMENTS AND ADD A FUEL TANK STORAGE AREA WITHIN THE C-2 PUD OVERLAY ON CERTAIN PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS OF BEL AIRE,SEDGWICK COUNTY,KANSAS. WHEREAS, the legal description of the tract of land is as follows: Legal Description Lot 1, Block 1, Winldey Addition, Bel Aire, Sedgwick County, Kansas. WHEREAS,July 27,2022 the Planning Commission for the City of Bel Aire held public hearing on the matter of amending the allowable building setbacks and screening requirements of the original planned unit development (PUD) granted in 2018 for the described tract, in conformance with the requirements set forth in Article Five of the Zoning Regulations of the City of Bel Aire, Kansas; WHEREAS, following the public hearing, the Planning Commission found that the evidence supported recommending changing the building setbacks and screening requirements from the original PUD approval based upon the guidelines set forth in Article 5.01 of the Zoning Regulations of the City of Bel Aire, Kansas; WHEREAS,the Planning Commission for the City of Bel Aire, Kansas recommends approval of the application by the property owner thereby amending the PUD for Winldey Addition Commercial to reduce building setbacks, remove certain screening requirements and add a fuel tank storage area,in conformance with the terms of the plat,and with specific conditions as follows: 1. Total Land Area: 51,052 sq.ft.± or 1.17 acres Total Gross Floor Area: 10,210 sq.ft Total Floor Area Ratio: 20 percent 1 2. This Agreement establishes the terms and conditions for a Planned Unit Development zoning district. The requirements contained in this PUD are in lieu of any requirements contained in the zoning and subdivision regulations of the City and compliance with the terms and conditions of this PUD Agreement shall be deemed in compliance with the zoning and subdivision regulations of the City. Installation of all improvements shall be in compliance with the requirements of all applicable federal, state and local legislation, including the Americans with Disabilities Act. All infrastructure improvements shall be detailed on a Planned Unit Development Site Plan, which delineates building locations, at the time each individual lot is developed. Said Planned Unit Development Site Plan(herein the "PUD Site Plan")shall be approved by Developer and by the City Engineer, attached hereto and made a part hereof, at the time each individual lot is developed. All easements recorded on the face of the fmal plat of Winkley Addition to Bel Aire,Kansas shall remain in effect pursuant to this Planned Unit Development Agreement. The surface of such easements may be used by the owner(s)for driveways,parking and landscaping, as delineated on the PUD Site Plan at the time each individual lot is developed. 3. Within the undeveloped portion of the site,the Developer shall prepare a Landscape and Storm Drainage Plan, which shall address the effect of changes to the natural environment and increased drainage.Said Landscape and Storm Drainage Plan shall be approved by the City Engineer, attached hereto, and made a part hereof at the time each individual lot is developed.After approval by the Developer and the City Engineer of said Landscape and Storm Drainage Plan,the Developer shall install,or cause to be installed,the improvements pursuant to the said Plan. 4. Parcel 1 shall be limited to the following uses:Single-family, Duplex, Community Assembly,Office(General),Construction Sales and Service (General),and Outdoor storage as limited herein. 5. Signage shall be based on the standards of the "C-2" Commercial zoning district, except an individual sign may be permitted up to 150 square feet in area.No LED, billboard, or off- site signs shall be permitted. 6. Outdoor lighting sources shall employ cutoff luminaries to minimize light trespass and glare, and shall be mounted at a height not exceeding one-half the distance from the neighboring lot,unless evidence is provided to the satisfaction of the Zoning Administrator that the light source will be aimed or shielded such that the light source is not visible from the neighboring lot. 7. Screening: A. Screening shall be provided by an eight(8)foot high wood fence with galvanized metal posts where shown on the plan. B. Solid screening shall be provided for all outdoor work and storage areas, 2 parking lots and loading docks within 200 feet of residential uses in order to screen these areas from residential zoning districts. C. The 10-foot alley along the north line of Parcel 1-shall be considered a buffer-to the development. 8. Landscaping requirements shall be per the Bel Aire Zoning Code for commercial uses. Existing landscaping may be permitted within Oliver right-of-way, and shall be considered as meeting this requirement. Screening around the perimeter of the PUD shall not be required. 9. The design layout shown on the plan illustrates only one development concept. Modifications to the location of improvements, building layout, and/or access locations may be permitted, provided they meet all requirements of this plan. All applicable permits, licenses, inspections or change in use shall be obtained prior to occupancy. 10. The Developer shall enclose or cause to be enclosed, all trash and recycling containers and similar equipment as set forth in the PUD Site Plan as approved by the City Engineer at the time each individual lot is developed. 11. Outside storage of all equipment,products or material shall be permitted on said property within those areas indicated on the plan. The center outdoor storage area,as indicated on the plan, may be paved with crushed asphalt mil lings, or similar material which reduces dust. 12. Parking shall be provided as required by City Code for all new construction. The existing business shall be required a minimum of 5 parking spaces. 13. Fuel tank storage area shall meet all local and state requirements for placement, setback, spacing, containment, and site circulations. 14. The Developer shall file with the Sedgwick County Register of Deeds an executed copy of this Agreement. 15. Upon full execution hereof and upon attachment of the PUD Site Plan, the Landscape and Drainage Plan and the Signage Plan, all approved as provided herein at the time each individual lot is developed, the terms and conditions of this Agreement, as set forth herein, shall be binding upon the City and the Developer, their successors, representatives,trustees, and assigns. 3 16. A detailed site shall be submitted including parking,building elevations,landscaping, and utility locations, etc. signage criteria, and streets improvements, at the time the undeveloped portion of site is developed. The location of any additional building is indicated on the plan. Building additions to existing structures or parking improvements may be reviewed and approved administratively by the City. WHEREAS,the Governing Body has considered the factors set forth in Article 5 of the Zoning Regulations of the City of Bel Aire,Kansas. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. The Governing Body adopts the recommendation of the Bel Aire Planning Commission and approves the Planning Commission's recommendation amending the PUD for Winldey Addition Commercial to reduce building setbacks,remove certain screening requirements and add a fuel tank storage area, in conformance with the terms of the plat, and with specific conditions as described herein. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect and be in force from and after publication of its summary in the Ark Valley News, an official city newspaper. Passed by the Governing Body this 6th day of December 2022. Approved by the Mayor on this 6th day of December 2022. ,�� OE8fz(.1:( �,A AYOR,JIM BE l AGE [SEAL] 4t �Y/THR ATTEST: � of //Srsl/Fohfco CITY CLERK,MELISSA KREHBIEL 4 Summary of Ordinance No. 698 City of Bel Aire,Kansas On December 6, 2022, the City of Bel Aire, Kansas, adopted Ordinance No. 698, regarding amending the approval of ordinance 631 to change the parameters of the zoning district permitting C-2 zoning, all within the City of Bel Aire, Kansas. A complete copy of this ordinance is available online at http://www.belaireks.org under documents or during normal business hours at City Hall,located at 7651 East Central Park Ave.,Bel Aire,KS 67226. The ordinance is not subject to a protest petition. Questions pertaining to this ordinance may be directed to Mr. Ty Lasher, City Manager, at (316) 744-2451. This summary has been reviewed and certified by Jacqueline Kelly, City Attorney. Sedgwick County Register of Deeds - Tonya Buckingham Doc.*/FIm - Pg: 30209577 Receipt *: 2366963 Recording Fee: ON Pages Recorded: 5 5 •'•'""vovmn mm�an ��� I�N�IV�NI1I�IN1N11NNMI11INNNVNVII (First published in The Ark Valley News on December 15, 2022.) ORDINANCE NO: 698 AN ORDINANCE AMENDING WINKLEY ADDITION C-2 COMMERCIAL PUD TO REDUCE BUILDING SETBACKS, REMOVE CERTAIN SCREENING REQUIREMENTS AND ADD A FUEL TANK STORAGE AREA WITHIN THE C-2 PUD OVERLAY ON CERTAIN PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS OF BEL AIRE, SEDGWICK COUNTY, KANSAS. WHEREAS, the legal description of the tract of land is as follows: Legal Description Lot 1, Block 1, Winkley Addition, Bel Aire, Sedgwick County, Kansas. WHEREAS, July 27, 2022 the Planning Commission for the City of Bel Aire held public hearing on the matter of amending the allowable building setbacks and screening requirements of the original planned unit development (PUD) granted in 2018 for the described tract, in conformance with the requirements set forth in Article Five of the Zoning Regulations of the City of Bel Aire, Kansas; WHEREAS, following the public hearing, the Planning Commission found that the evidence supported recommending changing the building setbacks and screening requirements from the original PUD approval based upon the guidelines set forth in Article 5.01 of the Zoning Regulations of the City of Bel Aire, Kansas; WHEREAS, the Planning Commission for the City of Bel Aire, Kansas recommends approval of the application by the property owner thereby amending the PUD for Winkley Addition Commercial to reduce building setbacks, remove certain screening requirements and add a fuel tank storage area, in conformance with the terms of the plat, and with specific conditions as follows: 1. Total Land Area: Total Gross Floor Area: Total Floor Area Ratio: 51,052 sq.ft.± or 1.17 acres 10,210 sq.ft 20 percent 1 2. This Agreement establishes the terms and conditions for a Planned Unit Development zoning district. The requirements contained in this PUD are in lieu of any requirements contained in the zoning and subdivision regulations of the City and compliance with the terms and conditions of this PUD Agreement shall be deemed in compliance with the zoning and subdivision regulations of the City. Installation of all improvements shall be in compliance with the requirements of all applicable federal, state and local legislation, including the Americans with Disabilities Act. All infrastructure improvements shall be detailed on a Planned Unit Development Site Plan, which delineates building locations, at the time each individual lot is developed. Said Planned Unit Development Site Plan (herein the "PUD Site Plan") shall be approved by Developer and by the City Engineer, attached hereto and made a part hereof, at the time each individual lot is developed. All easements recorded on the face of the final plat of Winkley Addition to Bel Aire, Kansas shall remain in effect pursuant to this Planned Unit Development Agreement. The surface of such easements may be used by the owner(s) for driveways, parking and landscaping, as delineated on the PUD Site Plan at the time each individual lot is developed. 3. Within the undeveloped portion of the site, the Developer shall prepare a Landscape and Storm Drainage Plan, which shall address the effect of changes to the natural environment and increased drainage. Said Landscape and Storm Drainage Plan shall be approved by the City Engineer, attached hereto, and made a part hereof at the time each individual lot is developed. After approval by the Developer and the City Engineer of said Landscape and Storm Drainage Plan, the Developer shall install, or cause to be installed, the improvements pursuant to the said Plan. 4. Parcel 1 shall be limited to the following uses: Single-family, Duplex, Community Assembly, Office (General), Construction Sales and Service (General), and Outdoor storage as limited herein. 5. Signage shall be based on the standards of the "C-2" Commercial zoning district, except an individual sign may be permitted up to 150 square feet in area. No LED, billboard, or off- site signs shall be permitted. 6. Outdoor lighting sources shall employ cutoff luminaries to minimize light trespass and glare, and shall be mounted at a height not exceeding one-half the distance from the neighboring lot, unless evidence is provided to the satisfaction of the Zoning Administrator that the light source will be aimed or shielded such that the light source is not visible from the neighboring lot. 7. Screening: A. Screening shall be provided by an eight (8) foot high wood fence with galvanized metal posts where shown on the plan. B. Solid screening shall be provided for all outdoor work and storage areas, 2 parking lots and loading docks within 200 feet of residential uses in order to screen these areas from residential zoning districts. C. The 10 -foot alley along the north line of Parcel 1 -shall be considered a buffer -to the development. 8. Landscaping requirements shall be per the Bel Aire Zoning Code for commercial uses. Existing landscaping may be permitted within Oliver right-of-way, and shall be considered as meeting this requirement. Screening around the perimeter of the PUD shall not be required. 9. The design layout shown on the plan illustrates only one development concept. Modifications to the location of improvements, building layout, and/or access locations may be permitted, provided they meet all requirements of this plan. All applicable permits, licenses, inspections or change in use shall be obtained prior to occupancy. 10. The Developer shall enclose or cause to be enclosed, all trash and recycling containers and similar equipment as set forth in the PUD Site Plan as approved by the City Engineer at the time each individual lot is developed. 11. Outside storage of all equipment, products or material shall be permitted on said property within those areas indicated on the plan. The center outdoor storage area, as indicated on the plan, may be paved with crushed asphalt mil lings, or similar material which reduces dust. 12. Parking shall be provided as required by City Code for all new construction. The existing business shall be required a minimum of 5 parking spaces. 13. Fuel tank storage area shall meet all local and state requirements for placement, setback, spacing, containment, and site circulations. 14. The Developer shall file with the Sedgwick County Register of Deeds an executed copy of this Agreement. 15. Upon full execution hereof and upon attachment of the PUD Site Plan, the Landscape and Drainage Plan and the Signage Plan, all approved as provided herein at the time each individual lot is developed, the terms and conditions of this Agreement, as set forth herein, shall be binding upon the City and the Developer, their successors, representatives, trustees, and assigns. 3 16. A detailed site shall be submitted including parking, building elevations, landscaping, and utility locations, etc. signage criteria, and streets improvements, at the time the undeveloped portion of site is developed. The location of any additional building is indicated on the plan. Building additions to existing structures or parking improvements may be reviewed and approved administratively by the City. WHEREAS, the Governing Body has considered the factors set forth in Article 5 of the Zoning Regulations of the City of Bel Aire, Kansas. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. The Governing Body adopts the recommendation of the Bel Aire Planning Commission and approves the Planning Commission's recommendation amending the PUD for Winkley Addition Commercial to reduce building setbacks, remove certain screening requirements and add a fuel tank storage area, in conformance with the terms of the plat, and with specific conditions as described herein. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall take effect and be in force from and after publication of its summary in the Ark Valley News, an official city newspaper. Passed by the Governing Body this 6th day of December 2022. Approved by the Mayor on this 6th day of December 2022. CITY CLERK, MELISSA KREHBIEL al— AYOR, JIM BEIQAGE 4 Summary of Ordinance No. 698 City of Bel Aire, Kansas On December 6, 2022, the City of Bel Aire, Kansas, adopted Ordinance No. 698, regarding amending the approval of ordinance 631 to change the parameters of the zoning district permitting C-2 zoning, all within the City of Bel Aire, Kansas. A complete copy of this ordinance is available online at http://www.belaireks.org under documents or during normal business hours at City Hall, located at 7651 East Central Park Ave., Bel Aire, KS 67226. The ordinance is not subject to a protest petition. Questions pertaining to this ordinance may be directed to Mr. Ty Lasher, City Manager, at (316) 744-2451. This summary has been reviewed and certified by Jacqueline Kelly, City Attorney.