HomeMy Public PortalAboutOrd 601 Special Use of R-1 Property(First Published in the Ark Valley News
on the Sth day of September,2016.)
THE CITY OF BEL AIRE. KANSAS
ORDINANCE NO. 601
AN ORDINANCE APPROVING A SPECIAL USE ON CERTAIN
PROPERTY ZONED R.l 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 8 of the Zoning Regulations of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on August I l, 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, commonly known as 4645 N. Hillcrest, in conformance
with the requirements set forth in Article 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 Arricle Eight, Section 8.04 of the Zoning Regulations of the City of Bel Aire, Kansas,
in that this specific business plan was uniquely developed to be integrated into residential property,
through development of a large backyard garden to provide the food source, creation of
commercial cooking space in the basement, and provision of services away from the property so
as not to interfere in the day to day residential nature of the neighborhood;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas recommends approval
of the application by Nick Stroot to allow for the special use upon the tract of land, as described
below, such special use fully described allows the homeowner to operate a home based business
cooking vegan meals to be primarily served away from the location of the business, in conformance
with all home based business regulations of the City.
BE IT ORDAINED BY THE GOVBRNING 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 operating a home based business upon that tract of land located within the corporate city
limits of Bel Aire, Kansas, generally known as 4645 N. Hillcrest, and more specifically describei
AS:
Lot l, and additionally beginning at the NW corner of Lot 3; then S 170'; then E 209.17:
then Northwesterly 146.06' to the NW corner of Lot l; then E 25L 25; then N 20; then W
to the beginning, all within white's Replat of Parr of Lot l6 Arthur Heights Addition, within
the City of Bel Aire, Sedgwick County, Kansas.
SECTION 2. In conformance with Section 8.0a(C) of the Zoning Regulations, the Governing
Body finds that that this specific business plan was uniquely developed to be integrated into
residential property, through development of a large backyard garden to provide the food source,
creation of commercial cooking space in the basement, and provision of services away from the
property so as not to interfere in the day to day residential nature of the neighborhood.
SECTION 3. The home based business will be operated in conformance with the following
standards provided by the applicant bomeowners and as set forth within the Citv's Zonins Code
in association with Home Occupations:
L The permitted home based business will be a catering service, with meals prepared
at the subject property. Such prepared meals will be consumed off-site, usuallv delivered
to those who have ordered the preparation of the meals.
2. The homeowner will initially be the chef and the only employee of the business,
but the homeowner may retain one additional employee of the business, other than the co-
homeowner (applicant's spouse).
3- All construction, including additions, alterations, modifications, and./or use of anypart of this property shall be subject to all applicable governmental laws, codes,
regulations, licensure, permitting and inspection associated with construction and property
maintenance within the City of Bel Aire, Kansas.
4. Deliveries of food to the subject property will take place between 8:00 a.m. and
7:00 p.m. To protect the integrity of the roadway, and to avoid blocking of the roadway to
through traffic, no delivery trucks larger than one ton shall be parked on the street in front
of the home. Delivery trucks larger than one ton parked upon the street may be cited for
blocking traffic under 990 of the City's traffic regulations.
5. The vehicle used by the business owner for delivery of the meals prepared at the
subject property will be an SUV, or a vehicle appropriately sized to nt eailty within the
driveway or garage of the home. Any vehicle used for deliveries bearing signage upon it
in association with the business will never be parked upon the roadway, unO *itt be parkeO
in the driveway or garage of the subject property when located at the subject propeny.
6' No commercial events will be held at subject property. Client/customer vehiclesvisiting the property will have adequate parking within tie drive-way, gatage,or on thestreet directly in front of the subject property. No client/customer vehicles will remain atsubject property after 8:00 p.m.
7 ' Homeowner will continue to operate the subject property as primarily a residence,to ensure that the use of the subject property best compoits with its location within aresidential neighborhood and does not negatively impact the property values ofneighboring properties through excessive traffic, noise, odir, or visuil unsigitliness. Noequipment shall be used which shall create undue noise, vibration, electrical interference,smoke or particulate matter emission, power demands or odors.
8' The Dwelling and site shall remain residential in appearance and characteristics.Internal or external changes that will make the Dwelling upp"* less residential in characteror function are prohibited. Examples of such prohibiteJ aitirations include construction ofParking Lots, paving of required Setbacks, or the addition of commercial-like exteriorlighting.
9 The subject property shall conform to all zoning regulations associated with HomeOccupations, including, but not limited to: a home based business/occupation the applicantshall notify the Registered Neighborhood Association and nearby Landowners of therequest to establish a Home occupation. The applicant shall prepare a notice that describesthe standards set forth in this section, the type of business activities to take place at the site,the hours of operation, and either the existence of a nonresident employee or the expectednumber of customers/clients on a daily basis.
and vehicles that will be present at the
business/occupation will have non-standar
provide the anticipated times/dates/hours o
usage of the property at its highest levels, as well as at regular levels.
t^0 The subject property shall conform to all zoning regulations associated with Homeoccupations' including, but not limited to: Home o..tfutilons are required to register withthe zoning Administrator prior to their establishmeni. At the time of registiation, theapplicant shall provide an affidavit pledging compliance with the standards, conditions andthe documentation that the proposal is associated with the Home Occupation. A Homeoccupation permit will be issued by the ZoningAdministrator for a 2-yeirperiod. It is the
rmit every 2 years. The permit is tied to the
e Occupation. Permits are not transferable to
cant shall also demonstrate at the time of
tice requirements.
I I ' - The subject property will conform to all current codes of the City and State, and assuch may be amended and updated from time to time.
12. Failure to maintain a valid business permit and home occupation permit issued by
the City of Bel Aire shall be grounds for immediate revocation of this special use permit
to use the subject property in a manner not provided for within the R-l zoning district in
which it is located.
SECTION 4. All ordinances, parts of ordinances, or other regulations or policies in conflict
herewith are hereby repealed.
SECTION 5. This Ordinance shall not take effect until filed with the Register of Deeds.
SECTION 6. This Ordinance shall take effect and be in force from and after appropriate filing
and the publication of its summary in the official city newspaper.
Passed by the City Council this 6th day of September, 2016.
Approved by the Mayor this 6th day of September, 2016.
ATTEST:
SEAL
DAVID AUSTIN, MAYOR