HomeMy Public PortalAboutOrd 522 Special use on Property(First Published in the Ark Valley News
on the 7th day of March, 2013.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 522
AN ORDINANCE APPROVING A SPECIAL USE ON CERTAIN
PROPERTY ZONED R-4 LOCATED WITHIN THE CORPORATE CITY
LIMITS OF THE CITY OF BEL AIRE, KANSAS.
WHEREAS, Notice of a public hearing to consider a special use request was provided in
conformance with Article 5 of the Zoning Regulations of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on February 14, 2013, by the Planning Commission
for the City of Bel Aire, Kansas, to consider the matter of permitting a special use upon a tract of
land within the City of Bel Aire, Kansas, more fully described below, in conformance with the
requirements set forth in Article Five, Section 5.13, 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 special use request based upon the
guidelines set forth in Article 5.15 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 Sunrise Christian Academy, Inc. to allow for the special use upon the tract
of land, as described below, such special use fully described as the construction, use and
operation of an LED monument sign at 5500 E. 45th St. N., Bel Aire, Kansas, with
conditions listed below;
CONDITIONS. The conditions upon which this Special Use Permit is issued are
as follows:
1. Construction, use and operation of the LED monument sign, including any
future additions, alterations, and/or modifications, shall be subject to all
applicable governmental laws, codes, regulations, licensure, permitting and
inspection.
The maximum height approved including the planter is 14'; the LED sign is
approved for a double face behind the building setback line and can be adjusted
within the approved dimensions for best result. See attached approved site plan.
2. Hours of operation. — 24 hours a day, seven days a week, indefinitely.
During evening hours the MCD output of the LED sign will be reduced 20% to
1
30% automatically ensuring no nuisance is created for the abutting residential
neighbors.
3. The LED sign exceeds the size restrictions for political and for profit
business advertisements; additional approval and permits will be required for
such use.
4. The LED monument sign approval runs with the property; future
ownership or status changes have no impact on use.
5. The two existing metal frame sign structures south of the existing fence on
either side of the driveways will be removed from the 45t" street right of way and
utility easement.
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 for permitting the
special use of the construction, use and operation of an LED monument sign at 5500 E.
45th St. N., Bel Aire, Kansas with conditions listed here within upon a tract of land located
within the corporate city limits of Bel Aire, Kansas, described as:
Lot 2, of the Sunrise Bible Chapel Addition to the City of Bel Aire, Kansas. The tract is
commonly known as 5500 E. 45th Street North, Bel Aire, Kansas.
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 5th day of March, 2013.
Approved by the Mayor this 5th day of March, 2013.
ATTEST:
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VICKI BRADFORD, CITYCLERK
SEAL
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