HomeMy Public PortalAboutOrd 509 Zoning Change (First published in The Bel Aire Breeze on , 2012.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 509
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 1-22 of Block 2; Lots 1-16 of Block 3; Lots 1-6 Block 4; Lots 1-6 Block 5;
and Lots 9-14 of Block 8 of the Elk Creek Addition of Bel Aire Ks., and the
associated Reserves C and E. LEGAL ON SURVEY TO GOVERN
Of the Elk Creek Addition, Bel Aire Kansas;
WHEREAS, The Planning Commission has submitted a report and recommendation to the
Governing Body dated May 10, 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 May 10, 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,
1
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.
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 findings 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 AI RE,
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-3 to 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.
2
Passed by the City Council this 5th day of June, 2012.
Approved by the Mayor this 5th day of June, 2012.
MAYOR HAROL IT
ATTEST:
VICKI BRADFORD, CITY CLERK
SEAL
3