HomeMy Public PortalAboutOrd 508 Zoning Change (First published in The Bel Aire Breeze on 11ye, y ,2012.)
THE CITY OF BEL AIRE,KANSAS
ORDINANCE NO. 508
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION FROM
"Residential R-3"TO"Residential R-5"ON CERTAIN PROPERTY LOCATED
WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF BEL AIRE,KANSAS.
WHEREAS, The property owner has submitted an application for the rezoning of 49 tract(s) of land in
accordance with the standards set forth in Chapter 5 of the Bel Aire Zoning Code;
WHEREAS,The legal description of the tract of land is as follows:
A tract of land located within the corporate city limits of Bel Aire,Kansas, described as:
Lots 1 — 10 Block F; Lots 1 — 10 Block E; Lots 1 — 13 Block D; Lots 1 —7 Block C; Lots
1 —8 Block B. All of Central Park 4ffi Addition
WHEREAS, The Planning Commission has submitted a report and recommendation to the Governing
Body dated April 12, 2012 setting forth their findings of fact in reference to this matter in conformance
with the guidelines set forth in Chapter 5 of the Zoning Regulations of the City of Bel Aire,Kansas;
WHEREAS, A public hearing was convened on the matter of rezoning the afore described tracts on
February 16, 2012,by the Planning Commission for the City of Bel Aire,Kansas in conformance with the
requirements set forth in Chapter 5 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 approval of this requested zone change based upon a review and weighing of the
guidelines set forth in Chapter 5 of the Zoning Regulations of the City of Bel Aire, Kansas, some of
which are more applicable to this matter then others,which are:
A. The conformance of the proposed use to the Comprehensive Plan and other adopted
planning documents and policies.
B. The character of the neighborhood including, but not limited to: land use, zoning,
density (residential), architectural style, building materials, height, structural mass,
sitting, open space and floor to area ratio (commercial and industrial).
C. The zoning and uses of nearby properties and the extent to which the proposed use
would be in harmony with such zoning and uses.
D. The suitability of the property for the uses to which it has been restricted under the
applicable zoning district regulations.
E. The length of time the property has remained vacant as zoned.
F. The extent to which approval of the application would detrimentally affect nearby
properties.
G. The extent to which the proposed use would substantially harm the value of nearby
properties.
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H. The extent to which the proposed use would adversely affect the capacity or safety of
that portion of the road network influenced by the use, or present parking problems in the
vicinity of the property.
I. The extent to which the proposed use would create excessive air pollution, water
pollution,noise pollution or other environmental harm.
J. The economic impact of the proposed use on the community.
K. The gain, if any, to the public health, safety and welfare due to denial of the
application as compared to the hardship imposed upon the landowner, if any, as a result
of denial of the application.
L. The recommendation of professional staff.
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas recommends approval of the
application by the property owner to change for the tract of land, as described above, from Residential R-
3 to Residential R-5;
WHEREAS, The Governing Body has reviewed the Planning Commission's fmdings of fact and the
factors upon which their recommendation is based; AND
WHEREAS, the Governing Body has considered the factors set forth in Chapter 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 PROPERTY OWNER'S request for rezoning of the tract of land described above, from
Residential R-3 to Residential R-5.
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 its publication in the official
city newspaper.
Passed by the City Council this 1 st day of May, 2012.
Approved by the Mayor this 1"day of May,2012.
MAYOR HAROLD M TH
ATTEST:
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VICKI BRADFORD, CITY CLERK
SEAL
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