HomeMy Public PortalAboutOrd 612 Special Use of R-4 PropertySummary of Ordinance No. 612
City of Bel Aire, Kansas
On January 3, 2017, the City of Bel Aire, Kansas, adopted Ordinance No. 612, regarding approval
of a Special Use allowing for a temporary real estate development sign to be located in an R-4
District, all within the City of Bel Aire, Kansas. A complete copy of this ordinance is available
online at http://www.belaireks.org under documents or during normal business hours at City Hall,
located at 7651 East Central Park Ave., Bel Aire, KS 67226. The ordinance is not subject to a
protest petition. Questions pertaining to this ordinance may be directed to Mr. Ty Lasher, City
Manager, at (316) 744-2451. This summary has been reviewed and certified by Alison McKenney
Brown, City Attorney.
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(First Published in the Ark Valley News
on the 5th day of January, 2017.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 612
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 published in the Ark
Valley News on November 17, 2016, in conformance with Article Eight of the Zoning Regulations
of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on December 15, 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, located on the east side of Rock Road approximately'
mile north of 45`h and Rock, 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 Article Eight, Section 8.04 of the Zoning Regulations of the City of Bel Aire, Kansas,
in association with the owner's request for increased square footage for this real estate
development sign, of the size of 224 square feet, to identify and promote the new residential
development of Deer Run Addition, as such larger sign will not detract from the residential nature
of the neighborhood;
WHEREAS, The Planning Commission for the City of Bel Aire, Kansas, recommends approval
of the application by the owner, 2 BD LLC, to allow for the special use upon the tract of land, such
special use to allow the developer to place an oversized temporary real estate development sales
and marketing sign in association with the Deer Run Addition.
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 to permit by special use the construction and maintenance of a temporary real estate
development sign on a tract of land located within the corporate city limits of Bel Aire, Kansas,
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located nearest to 1 mile north of 45[11 Street on the east side of Rock Road, and legally described
as:
Reserve B of Deer Run Addition, Bel Aire, Sedgwick County, Kansas,
SECTION 2. In conformance with Section 8.04(C) of the Zoning Regulations, the Governing
Body finds that the request for increased square footage for this temporary real estate development
sign, of 224 square feet, is unique to this residential property, as such sign shall be located back
from the roadway and within the development of Deer Run, so that utilizing a slightly larger size
allows the sign to be visible from the roadway, all in a manner that does not detract from the
residential nature of the neighborhood.
SECTION 3. The temporary real estate development sign will be operated in conformance with
the following standards:
1. The information displayed upon the sign will be limited to information associated
with the marketing and sale of lots located within the Deer Run Addition to Bel Aire,
Kansas.
2. The sign may be maintained only for that temporary period identified as beginning
upon the effective date of this ordinance and terminating thirty (30) days following transfer
of the final lot within the development by the developer, or its successor in interest, to a
party who either purchases such lot to occupy or to lease for occupation. When all lots
have been sold by developer, and are either occupied or listed for lease, this special use
permit shall terminate. In no case shall this special use permit extend beyond five (5) years
from its effective date.
3. The sign will be maintained in a good condition that encourages interest in the real
estate development being advertised, and shall be repaired within fourteen (14) days of
incurring any damage.
4. The developer will remove the development sign prior to or upon the termination
date of this special use.
5. Failure to properly maintain or remove the sign upon termination of this special use
shall be deemed a nuisance and resolved in accordance with the City's nuisance abatement
regulations.
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.
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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 3rd day of January, 2017.
Approved by the Mayor this 3rd day of January, 2017.
AVID AUSTIN, MAYOR
ATTEST:
CITY CLERK
STACEY COO
SEAL
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