HomeMy Public PortalAboutOrd 590 Special Use of R-4 Property(First Published in the Ark Valley News
on the 7th day of April, 2016.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 590
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 to permit the
maintenance of animals not generally permitted upon a suburban lot within the City was
provided in conformance with Chapter 8 of the Zoning Regulations of the City of Bel
Aire, Kansas.
WHEREAS, A public hearing was convened on March 10, 2016, 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 Chapter eight, Section 8.04, 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 Section 8.04 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 the property owner and real propefty contract holder to
allow for the special use in accordance with the terms/conditions as set forth below,
upon the tract of land described as Lot One, Block A, of Engleft Addition to Bel Aire,
Sedgwick County, Kansas.
The approval of the Special Use is conditioned upon compliance with the following
terms:
1. Animals shall be limited to: Ten (10) chickens, four (4) ducks, four (4) goats, four
(4) sheep, four (4) llama/alpacas, one (1) miniature horse, and one (1) miniature
cow. No more than two beehives shall also be allowed on the property. This list
specifically excludes roosters. Upon the bifth of an animal it shall be counted
toward the total number of animals of that species permitted upon the property.
Visiting animals shall be counted toward the total number of animals of that
species permitted upon the property.
All animals will be kept for domesticated/pet and non-commercial purposes.
All animals shall be housed in a fence, cage or structure which forms an
enclosed area that will confine the animal on the property;a. Each enclosure shall provide shelter from the elements and be kept
in a clean and sanitary condition;
b. No enclosure shall be within 50 feet of any residence or dwelling, or
property line that abuts a residentially zoned property.
c. No enclosure shall be within 100 feet of 53rd Street Norlh;
d. The property owner shall abide by all city codes related to providing
care for the animals, including the nuisance code standards applicable
to animals, and nuisance and zoning code standards related to pen
locations related to property lines.
4. The property owners understand that utilizing suburban property to house and
maintain animals not typically maintained as pets will require flexibility and extra
effott on their part to assure continued compliance with the suburban standards
applicable to the property, and to assure that nothing occurring upon the subjectpropefty negatively impacts the marketability or market value of abutting
properties which are anticipated to develop in the very near future.
5. This Special Use shall become voidable if any of the terms are violated. Before
taking formal action to void this Special Use as set forth within the provisions of
the Zoning/Subdivision Code, the City will give the property owner sixty (60) total
days to bring the property into compliance with the terms of this Special Use.
6. The Special Use Permit shall inure to the benefit of the owner of record of the
property as of the date of this ordinance is passed by the Bel Aire City Council.This Special Use Permit is exclusively assignable to Jeffery J. and Mary K.
Englert, and thereafter shall become non-assignable to any subsequent owner of
Lot One, Block A, of Englert Addition to Bel Aire, Sedgwick County, Kansas. lf at
least one permitted animal set forth above, is not physically located upon the
property, this Special Use Permit shall expire by the later of either of the following
dates: 1) One year from the date the City of Bel Aire issues an occupancy permit
for the property; or 2) Three years from the date this special Use Permit was
approved and passed. Further, this Special Use Permit shall lapse and expire if
all permitted animals are removed from this propefty for 90 consecutive days.
WHEREAS, the Governing Body has considered the factors set forth in Chapter 8 of theZoning Regulations of the City of Bel Aire, Kansas.
2.
3.
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, including
listed conditions, for permitting the above described special use upon a tract of land
located within the corporate city limits of Bel Aire, Kansas, described as: of Lot One,
Block A, of Englert Addition to Bel Aire, Sedgwick County, Kansas.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. As this ordinance impacts land use it shall be filed with the Sedgwick
County Register of Deeds within fifteen (15) days of approval by the Governing Body.
SECTION 4. 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 April, 2016.
Approved by the Mayor this Sth day of April, 2016.
ATTEST:
SEAL
Austin, MAYOR