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HomeMy Public PortalAboutOrd 585 Amend Ch 18 of City Code Zoning RegulationsZoning Regulations City of Bel Aire, Kansas (First published in The Ark Valley News on November 19, 2015.) ORDINANCE NO: 585 AN ORDINANCE CONCERNING THE AMENDMENT OF CHAPTER 18, OF THE CITY CODE OF BEL AIRE, KANSAS, IN CONNECTION WITH ZONING REGULATIONS, ALL WITHIN THE CITY OF BEL AIRE, SEDGWICK COUNTY, KANSAS. WHEREAS, Notice of a public hearing regarding adoption of updates and modifications to the Bel Aire Zoning code was published in the Ark valley News on october 15, 2015. WHEREAS. A public hearing was held by the Bel Aire Planning Commission on November 12, 2015 regarding adoption of updates and modifications to the Bel Aire Zoning Code. WHEREAS. Following the public hearing, the Planning Commission found that evidence did support the conclusion that all of the provisions of K.S.A. l2-741, et seq. were satisfied regarding public hearing requirements associated with the requested updates and modifications to the Zoning Code of the City of Bel Aire. WHEREAS. After hearing all evidence, and reviewing the draft document, the Planning commission recommended approval of the proposed zoning code amendments BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE. KANSAS: SECTION l: The Governing Body of the City of Bel Aire, Kansas hereby adopts the Zoning Code amendments as recommended by the Planning Commission, and such Zoning Code amendments shall be incorporated into the Bel Aire Municipal Code, (with amended provisions shown in highlight or strikeout) as follows: 7.OO AGRICULTURAL DISTRICT The zoning of property as AG, Agricultural District, is intended to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production or the raising of livestock. In addition, the Agricultural District may serve as a "holding zone" for land where future urban expansion is possible, but not yet appropriate due to the unavailability of urban level facilities and services. Property zoned AG for "holding zone" purposes may be used for certain commercial and industrial special uses where those uses would be of limited duration or compatible with the uses shown on the Future Land Use Plan of the Comprehensive Plan. A. Use Regulations. District: a. b. c. d. e. Zoning Regulations City of Bel Aire, Kansas No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed moved or altered except for one (l) or more of the uses set forth herein, or similar uses, subject to all applicable development and performance standards. l. Permitted uses:The following uses shall be permitted by right in the Agricultural Agricultural production - crops Agricultural production - livestock and animal specialties Agricultural services Single-family residences with a minimum of 1,800 square feet living space. Accessory Structures typically associated with agricultural services, and ordinary domestic household needs. Accessory structures associated with other types of businesses shall comply with such regulations as set forth within Section 6.06 of this Zoning Code. 2. Conditional uses: The following uses shall be permitted in the "AG" District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Article 8: a. Development of natural resources and extraction of raw materials such as rock, gravel, sand, fill dirt, soil, etc. B. Height and Area Regulations for AG Developments The maximum height of buildings and structures, the minimum dimension of lots, setbacks for parking/paving and yards, and the minimum lot area per dwelling unit permitted on any lot shall be as follows, except as otherwise provided in these Regulations relating to Height and Area Regulations, Exceptions, and requirements set forth within the Subdivision Code: 2. Minimum lot area per dwelling unit - twenty (20) net acres. 2. Maximum height: a. Residences - two and one-half (2 Vz) stories, not exceeding thirty-five (35) feet from finished grade. b. Agricultural structures - fifty (50) feet from finished grade. c. Non-agricultural structures and uses - seventy-frve (75) feet, provided such structure is set back from all property lines a distance equal to or greater than its height. 3. Minimum fronr, side and rear yards - fifty (50) feet. 4. Minimum lot width - six hundred (600) feet. 5. Minimum setbacks for parking/paving (nonagricultural uses): a. Thirty (30) feet from street right-of-way. b. Thirty (30) feet from property lines other than street right-of-way. c. Development and Performance Standards for AG Deveropments Zoning Regulations City of Bel Aire, Kansas Parking and Loading - See Article 9 Sign Code - As adopted by the Governing Body Landscaping and Screening - See Article l0 There shall be no restrictions as to operation of agricultural vehicles and machinery, or the sale of marketing of products raised on the premises. All buildings, structures or yards used for the raising, feeding, housing or sale of livestock or poultry shall be located at least one hundred (100) feet from residentially zoned land. There shall be no disposal of garbage, rubbish or offal, other than regular removal thereof, within three hundred (300) feet of residentially zoned land. Where a lot or tract had less than the twenty (20) acre minimum lot area required herein in separate ownership on January 1,2004, this Code shall not prohibit the erection or alteration of a single-family dwelling. Where development utilizing septic tanks is proposed, applicant shall submit a septic tank suitability study in accordance with at the time of filing the application for Agricultural zoning. Noise levels in accordance with all City regulations governing noise, including those provided for within this Code. 7.OT RURAL RESIDENTIAL DISTRICT The zoning of property as RR, Rural Residential District, is intended to provide for development of single-family detached dwellings at a density which does not exceed one (1) dwelling unit per five (5) acres. In addition, other uses which are compatible with the large-lot/low-density residential character of this district would be permitted under certain conditions. Property zoned RR should include only those tracts which abut or are in close proximity to existing large-lot single-family development where a neighborhood character of single-family dwellings on large lots has been established. A. Use Regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one ( I ) or more of the uses set forth herein, or similar uses, subject to all applicable development and performance standards. l. Permitted uses: The following uses shall be permitted by right in the Rural Residential District, subject to all applicable development and performance standards: a. Single-family residences with a minimum of two thousand four hundred (2,400) square feet living space. b. Manufactured Home/Residential Design Manufactured Home c. Churches and their accessory buildings. l. 2. 3. 4. 5. 6. 1 8. 9. Zoning Regulations City of Bel Aire, Kansas d. Day care. e. Golf Course. f. Group home,limited. g. Parks, playgrounds and community buildings owned and/or operated by the city. h. School, elementary, middle and high. i. Utility, minor. j Agri€u+tu{€ 2. Conditional uses: The following uses shall be permitted in the "RR" District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Article 8: a. Accessory apartment. b. Agriculture c. Group residence, limited and general. c. Neighborhood swimming pool. d. Cemetery. e. Community assembly. f. Convalescent care facilitv, limited. g. Cultural group. h. Government service. j. Home Occupation j. Hospital. k. Library. L Safety services. m. Utility, major. n. Airport or airstrip. o. Bed and breakfast inn. p. Kennel, boarding/breeding/training and hobby. q. Parking area and/or accessory drive ancillary. r. Recreation and entertainment, indoor and outdoor. s. Recreational vehicle campground. t. Riding academy or stable. B. Height and Area Regulations for RR Developments Zoning Regulations City of Bel Aire, Kansas The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for parking/paving and yards, and the minimum lot area per dwelling units permitted on any lot shall be as follows, except as otherwise provided in these Regulations relating to Height and Area Regulations, Exceptions, and requirements set forth within the Subdivision Code: l. Minimum lot area per dwelling unit - five (5) net acres. 2. Maximum heisht: a. ResiAJnces - two and one-hal f (2 yr)stories, not exceeding thirty-five (35) feet from finished grade. b. Non-residential structures and uses - seventy-five (75) feet, provided such structure is set back from all property lines a distance equal to or greater than its height. 3. Minimum front yard - fifty (50) feet from srreer righrof-way. 4. Minimum side vard: a. Total side yards shall be twenty (20) percent of the width of the lot; no side yard may be less than twenty (20) feet. b. Corner lots - thirty (30) feet from street righrof-way. 5. Minimum rear yard - seventy-five (75) feet. 6. Minimum lot width - two hundred (200) feet. 7. Minimum parking/paving setbacks for nonresidential uses. a. Fifty (50) feet from street right-of-way b. Twenty (20) feet from property lines other than street right-of-way. 8. Maximum lot coverage - thirty-five (35Vo) percent. C. Development and Performance Standards for RR Developments L Parking and Loading - See Article 9 2. Sign Code - As adopted by the Governing Body 3. Landscaping and Screening - See Article l0 4. Where development utilizing septic tanks is proposed, applicant shall submit a septic tank suitability study to the City at the time of filing the application for Rural Residential zoning. 5. No noise levels shall be generated that exceed the levels permitted in these Regulations. D. Accessory Use Regulations. Unless otherwise stated, Accessory Uses are subject to the same regulations as the Principal Use. Accessory Uses and Structures, including Accessory Dwelling Units and Home Occupations, are subject to the regulations of Section 6.06. Zoning Regulations City of Bel Aire, Kansas An accessory use shall not include converted semi-trailers, railcars, metal storage boxes not specifically designed to serve as storage buildings in residential yards, or any similar item as determined by the zoning administrator. A shed is by definition an Accessory Structure, but sheds of less than 120 square feet shaLl be permitted by right within this zoning district upon obtaining all necessary building permits, including determination that the proposed accessory structure has not been located on/within any platted or recorded easement, or over any known utility. rhe combined footprint of all Accessory Structures, including sheds, may not exceed the footprint of the Principal Building or 30Vo of the Lot Area. 7 .03 Single-Family Residential District (R-2) The zoning of property as R-2, Single-Family Residential District, is intended to provide for development of standard low-density residential developments, with no district bonus densities, in areas where adequate public facilities and services exist, and residential development is appropriate given the surrounding land uses and neighborhood. A. Use Regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set forth herein, or similar uses subject to all applicable development and performance standards. l. Permitted uses: The following uses shall be permitted by right in the R-2, Single-Family Residential District, subject to all applicable development and performance standards : a. Single-family residences with a minimum of two thousand (2,000) square feet of living space. b. Parks 2. Conditional uses: The following uses shall be permitted in the "R-2" District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Articles 6 and 8 of this Zoning Code. fortnen l nistrie+ a. Community buildings owned and operated by the city. b. Churches and their accessory buildings. c. Public libraries. d. Public schools, elementary schools and high schools and private schools having a curriculum equivalent to and substantially the same as that of a public elementary or public high school but not including private kindergartens or nursery schools accommodating 10 or more students. 2. Zoning Regulations City of Bel Aire, Kansas e. Public golf courses operated for commercial purposes and open to anyone who applies, except miniature golf courses and driving ranges. f Residential Design Manufactured housing. g. Home Occupations. h. Detached accessory structures other than sheds of less than 120 sq. ft.: Provided, that they are located within the side and/or rear yard of a lot and are in accordance with all setback requirements. An accessory use shall not include converted semi-trailers, railcars, metal storage boxes not specifically designed to serve as storage buildings in residential yards, or any similar item as determined by the zoning administrator. 3. Prohibited uses: a. Manufactured housins b. Mobile Home(s) 4. Accessory use regulation(s): a. A shed is by definition an Accessory Structure, but sheds of less than 120 square feet shall be permitted by right within this zoning distict upon obtaining all necessary building permits, including determination that the proposed accessory structure has not been located on/within any platted or recorded easement, or over any known utility. The combinedfootprint of all Accessory Structures, including sheds, may not exceed the footprint of the Principal Building or 30Vo of the Lot Area. B Height and Area Regulations for R-2 Developments The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for parking/paving and yards, and the minimum lot area per dwelling unit permitted on any lot shall be as follows, except as otherwise provided in these Regulations relating to Height and Area Regulations, Exceptions, and requirements set forth within the Subdivision Code: l. Minimum lot area per dwelling unit - fourteen thousand two hundred fifty (14.250) sq. ft. 2. Maximum height: Residences - two and one-half (2 Vz) stories, not exceeding thirty-five (35) feet from finished grade. 3. Minimum front yard - twenty-five (25) feet from street right-of-way. 4. Minimum side yards: a. Total side yards shall be twenty (20) percent of the width of the lot; no side yard may be less than ten (10) feet from the property lines b. Corner lots - twenty-five (25) feet from street right-of_way. 5. Minimum rear vard: Zoning Regulations City of Bel Aire, Kansas Thirty-five (35) feet from property line. Minimum lot width - ninety-five (95) feet; side-load garage requires minimum lot width of one hundred fifteen (l l5) feet. Minimum lot depth - average of one hundred fifty (150) feet. 7.04 STNGLE-FAMtLy RESTDENTTAL D|STR|CT (R-3) (LOW TO MODERATE DENS|TY/MtNtMUM 11,050 SQ. FT.) The zoning of property as R-3, Single-Family Residential District, is intended to provide for residential development with a minimum of 11,050 sq. ft. lots in areas where adequate public facilities and services exist, and residential development is appropriate given the surrounding land uses and neighborhood. A. Use Regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one (l) or more of the uses set forth herein, or similar uses subject to all applicable development and performance standards. l. Permitted uses: The following uses shall be permitted by right in the R-3, Single- Family Residential District, subject to all applicable development and performance standards: a. Single-family residences with a minimum of two thousand ( 1,800) square feet of living space. 3. Conditional uses: The following uses shall be permitted in the "R-3" District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Articles 6 and 8 of this Zoning Code. a. All conditional uses listed for the R-2 district. b. Neighborhood swimming pool c. Cemetery d. Residential Design Manufactured housing e. Utility, major 4. Prohibited uses: a. Manufacturedhousing b. Mobile Home(s) 5. Accessory use regulation(s): a. A shed is by definition an Accessory Structure, but sheds of less than 120 square feet shaLl be permitted by right within this zoning district upon obtaining all necessary building permits, including determination that the proposed accessory structure has not been located on/within any platted or recorded easement, or over 6 Zoning Regulations City of Bel Aire, Kansas any known utility. The combined footprint of all Accessory Structures, including sheds, may not exceed the footprint of the Principal Building or 30Vo of the Lot Area- B. Height and Area Regulations for R-3 Developments. The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall be as follows, except as otherwise provided in these regulations relating to height and area regulations, Exceptions, and requirements set forth within the subdivision code: l. Minimum lot area per dwelling unit - Eleven thousand fifty (1 1,050) sq ft. lot 2. Maximum height: Residences - two (2) stories, not exceeding thirty-five (35) feet from finished grade 3. Minimum front yard - twenty-five (25) feet from street right-of-way 4. Minimum side vard: a. Total side yards shall be twenty (20) percent of lot width. No side yard shall be less than ten (10) feet from property line. b. Corner Lots - twenty-five (25) feet from street right-of-way 5. Minimum rear yard: Twenty-five (25) feet from property line 6. Minimum lot width - Eighty-five (85) feet; Side-load garage requires minimum lot width of One hundred-fifteen (115) feet 7. Minimum lot depth - One Hundred-thirty (130) feet 7.05 STNGLE-FAMtLY RESTDENTTAL D|STR|CT (R-4) (MODERATE DENStTy/MtNtMUM 8,400 SQ. FT,) The zoning of property as R-4, Single-Family Residential District, is intended to provide for residential development with a minimum of 8,400 sq. ft. lots in areas where adequate public facilities and services exist, and residential development is appropriate given the surrounding land uses and neighborhood. A. Use Regulations. No building, structure, land or premises shall be used, and no building or structure shall hereafter be erected, constructed, reconstructed, moved or altered except for one (1) or more of the uses set forth herein, or similar uses subject to all applicable development and performance standards. l. Permitted uses: The following uses shall be permitted by right in the R-4, Single- Family Residential District, subject to all applicable development and performance standards: d. Single-family residences with a minimum of 1,600 square feet of living space. Zoning Regulations City of Bel Aire, Kansas e. Single family with 1,200 square feet minimum living space on lots platted prior to January 1,2003 that have a minimum lot area per dwelling unit of 7,500 square feet. f. Two-family residences (duplexes) with not less than 1,200 square feet per unit g. Churches and their accessory buildings h. Day care i. Golf Course j Group home, limited k. Parks, playgrounds and community buildings or Governmental buildings owned and/or operated by the city l. Residential Design Manufactured Homes (see 7.05 C below) m. School, elementary, middle and high n. Utility, minor 2. Conditional uses: The following uses shall be permitted in the "R-4" District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Articles 6 and 8 of this Zoning Code. a. All conditional uses listed for the R-3 district 3. Accessory use regulation(s): a. A shed is by definition anAccessory Structure, but sheds ofless than 120 square feet shall be permitted by right within this zoning district upon obtaining all necessary building permits, including determination that the proposed accessory structure has not been located on/within any platted or recorded easement, or over any known utility. The combined footprint of all Accessory Structures, including sheds, may not exceed the footprint of the Principal Building or 30Vo of the Lot Area. B. Height and Area Regulations for R-4 Developments. The maximum height of buildings and structures, the minimum dimensions of lots, setbacks for parking/paving and yards, and the minimum site area per dwelling unit permitted on any lot shall be as follows, except as otherwise provided in these Regulations relating to Height and Area Regulations, Exceptions, and requirements set forth within the Subdivision Code: 1. Minimum lot area per dwelling unit - Eight thousand four hundred (8,400) square feet, this district shall also include lots platted prior to January I,2003 which have a minimum lot area prior dwelling unit of 7,500 square feet 2. Maximum height: Residences - two (2) stories, not exceeding thirty-five (35) feet from finished grade 3. Minimum front yard - twenty-five (25) feet from street right-of-way Zoning Regulations City of Bel Aire, Kansas Minimum side yard: a. Total side yards shall be twenty (20) percent of lot width. No side yard shall be less than ten (10) feet from property line b. Corner Lots - twenty-five (25) feet from street right-of-way Minimum rear yard: Twenty-five (25) feet from property line Minimum lot width - Seventy (70) feet 7. Minimum lot depth - One hundred twenty (120) feet Development and Performance Standards. l. Residential Design Manufactured Homes may be utilized in this residential district if such dwelling conforms to the height and area requirements as set forth above and complies with the following additional requirements: a. The roof must be covered with material that is customarily used on site-built dwellings, including but not limited to approved wood, or asphalt composition shingles, but excluding corrugated aluminum, corrugated fiberglass, or comrgated metal roof. b. Exterior siding shall be of a material customarily used on site-built dwellings, such as wood, composition, simulated wood, clapboards, conventional vinyl or metal siding, brick, stucco, or similar materials, but excluding smooth, ribbed or corrugated metal or plastic panels. Siding material shall extend below the top of the exterior of the foundation or curtain wall or the joint between siding and enclosure wall shall be flashed in accordance with the local building code. d. The home shall be installed in accordance with the recommended installation procedures of the manufacturer and the standards set by the International conference of Building officials (ICBo) and published in "Guidelines for Manufactured Housing Installations" currently in effect at the time of installation. A continuous, permanent masonry foundation on top of the footing or masonry curtain wall, unpierced except for required ventilation and access which may include basements and garages, shall be installed under the perimeter of the home, also in accordance with the ICBO "Guidelines for Manufactured Housins Installations" currently in effect at the time of installation. e. The required door must have a minimum of three (3) feet by three (3) feet landing which is constructed to meet the requirements of the local building code. f. All manufactured home running gear, tongues, axles, and wheels must be removed at the time of installation of the home on the lot. g. Any addition or attached garage to a residential-design manufactured home shall comply with all construction requirements of the local building code. /1-. 5. 6 C. Zoning Regulations City of Bel Aire, Kansas h. At the point of highest elevation of the finish grade, maximum height of the foundation/curtain wall will be a maximum of ten (10) inches and a minimum of eight (8) inches. 2. An accessory use shall not include converted semi-trailers, railcars, metal storage boxes not specifically designed to serve as storage buildings in residential yards, or any similar item as determined by the zoning administrator.3. A shedis by definition anAccessory Structure, but sheds ofless than 120 square feet shall be permitted by right within this zoning district upon obtaining all necessary building permits, including determination that the proposed accessory structure has not been located on/within any platted or recorded easement, or over any known utility. The combined footprint of all Accessory Structures, including sheds, may not exceed the footprint of the PrincipaL Building or 30Vo of the Lot Area. 6,06 ACCESSORY USES AND ACCESSORY STRUCTURES, PURPOSE This section regulates uses and Structures that are incidental to Principal Uses and Buildings to prevent them from becoming the predominant element of the site. The standards provide for necessary Access around Structures, help maintain privacy to abutting Lots, and maintain open Front Setbacks. A. GENERAL STANDARDS FOR ACCESSORY STRUCTURES The standards of this section apply to all Accessory Uses and Structures. 1. Time of Construction. Accessory Structures shall be constructed in conjunction with or after the Principal Building. They shall not be built prior to the construction of the Principal Building. 2. Subordinate Nature. a. Accessory Uses shall be a subordinate part of a Principal Use and be clearly incidental to a Principal Use. b. Accessory Structures shall be of secondary importance and subordinate in size and Scale to the Principal Building on a site. 3. Building separation. Unless attached to the Principal Structure, Accessory Structures shall be located at least three feet from the Principal Structure. 4. Setbacks from easements. No Accessory structure shall be located on any platted or recorded easement, or over any known utility. 5. Density and Dimensional Standards. Zoning Regulations City of Bel Aire, Kansas Unless otherwise expressly stated, the Setback, Height, and Building coverage standards of the Base District apply to both principal and Accessory Structures (See Density and Dimensional Standards). Accessory Structures in residential districts shall be located to the rear of the front Building line. Accessory Structures shall be set back at least ten feet from the centerline of any platted or dedicated Alley, and if no Alley exists, then five feet from the rear Lot Line. Accessory Structures may not utilize more than one-half of any required rear Yard. There shall be no Setback required between an Accessory Structure and an Alley when Access to the Structure is parallel to the Alley, except that no part of the Structure shall overhang or otherwise encroach onto the Alley. Corner Lot Setbacks. Whenever located on a Key Lot, Accessory Structures shall not project beyond the Front Setback line required on the Lot in the rear of such Key Lot. Side Setbacks. Accessory Structures shall comply with the Side Setback standards for Principal Uses, provided that an Accessory Structure shall not be required to set back more than three feet from an interior side Lot Line when all parts of the Accessory Structure are located more than one-half the depth of the Lot behind the front property line. Accessory Structures may not utilize more than one-half of any required side Yard. 6.Building Coverage of Lot. a. A detached Accessory Structure may not have a larger footprint than the Building footprint of the Principal Building. b. Unless otherwise expressly stated within the regulations concerning a specific zoning district, the combined footprint of all Accessory Structures may be equal to the footprint of the Principal Building or 30Vo of the Lot Area, provided the total footprint of all Structures does not exceed the maximum Building coverage as permitted by for the corresponding Zoning District. Lot coverage shall be calculated by total lot size minus improvements, structures, and pavement, including but not limited to sheds, decks, concreted areas, patios, and swimming pools. c. No Accessory structure shall be located on any platted or recorded easement, or over any known utility. 7. Height of Accessory Structures. [Jnless otherwise expressly stated within the regulations concerning a specific zoning district, Accessory Structures may not exceed 25 feet in Height, or the Height of the Principal Building on the same Lot, whichever is less, except on properties of five acres of more where height may reach a maximum of sixty (60) feet. b. Zoning Regulations City of Bel Aire, Kansas 8. Agricultural Accessory Uses. Agricultural Uses shall include Accessory Uses and activities customarily associated with agricultural operations, as determined by the Zonins Administrator. 9. Home Occupation Storage. No Outdoor Storage of equipment, materials or vehicles used in a Home Occupation shall be allowed as a residential Accessory Use except as otherwise permitted by this Code. f0. Storage Building Design Standard. Storage buildings shall not include converted semi-trailers, railcars, metal storage boxes not specifically designed to serve as storage sheds or buildings, or any similar item as determined by the zoning administrator. SECTION 2. This ordinance repeals and replaces all previously adopted zoning regulations of the City of Bel Aire. SECTION 3. This Ordinance shall take effect Passed by the City Council this l7'h day of November, 2015. Approved by the Mayor this lTth day of November, 2015. fl -K MAYOR David Austin ATTEST: SEAL