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HomeMy Public PortalAboutOrd 530 Zoning Change (First published in The Ark Valley News,November 7, 2013) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 530 AN ORDINANCE CHANGING THE ZONING CLASSIFICATION FROM C-1 NEIGHBORHOOD COMMERCIAL to R-5 RESIDENTIAL 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 15 lots in the Lycee Heights Addition 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: Beginning at the Southwest Corner (SWc) of the Southwest Quarter (SW/4) of Section 17 Township 26 South, Range 2 East of the Sixth Principal Meridian Sedgwick County, Kansas; thence along the South line of said Southwest Quarter (SWA) of Section 17 on an assumed bearing of South 890 20' 42" East, a distance of 943.39 feet; thence North 000 01' 41" East, a distance of 60.00 feet to the Southwest corner of USD 259 3rd Addition, Bel Aire, Sedgwick County, Kansas; thence continuing North 000 01' 41" East along the West line of said USD 259 3rd Addition, a distance of 1324.89 feet; thence North 900 00' 00" West, a distance of 15.00 feet to a point on the West Right of Way of Lycee Street which is the Point of Beginning; thence South 700 11' 11" West, a distance of 315.70 feet to a point on the Easterly line of a utility easement described on Film 2920 Page 1717 at the Sedgwick County Register of Deeds; thence North 020 08' 47" West along the Easterly line of said utility easement a distance of 72.18 feet; thence North 66° 37' 24" West going thru then along the Southerly line of said utility easement, a distance of 80.97 feet; thence North 140 51' 26" West going thru then continuing along the Easterly line of said utility easement, a distance of 320.51 feet; thence North 230 40' 17" East, a distance of 282.63 feet; thence North 020 39' 43" East, a distance of 13.00 feet to a point of intersection of said Easterly line of the utility easement and a point on a curve on the South Right of Way of Lycee Street described on Film 2919 Page 5542 at the Sedgwick County Register of Deeds; thence along said South Right of Way on a curve to the Right with a Delta angle of 850 43' 44", a chord length of 503.40 feet, a radius of 370.00 feet, a distance of 553.61 feet to the point of termination of the curve; thence continuing along the Southwesterly side of Lycee Road Right of Way, South 000 01' 47" West, a distance of 209.73 feet to the point of beginning. Said tract contains 5.1 acres. 1 WHEREAS, The Planning Commission has submitted a report and recommendation to the Governing Body dated September 12, 2013 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 September 12, 2013, 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, siting,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. 2 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, rezoning of 15 lots to C-1 NEIGHBORHOOD COMMERCIAL to R-5 RESIDENTIAL in the Lycee Heights Addition in accordance with the standards set forth in Chapter 5 of the Bel Aire Zoning Code; 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 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 rezoning of 15 lots to C-1 NEIGHBORHOOD COMMERCIAL to R-5 RESIDENTIAL in the Lycee Heights Addition in accordance with the standards set forth in Chapter 5 of the Bel Aire Zoning Code. 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 5'h day of November, 2013. Approved by the Mayor this 5`h day of November, 2013. fi Z, C MAYOR DAVID AUSTIN ATTEST: JA HAYES, CITY E SEAL 3