HomeMy Public PortalAboutOrd 631 Zoning Change Summary of Ordinance No. 631
City of Bel Aire, Kansas
On February 6,2018,the City of Bel Aire, Kansas,adopted Ordinance No. 631,regarding approval
of a change in zoning district from C-1 to C-2, 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 Jacqueline Kelly, City Attorney.
(First published in The Ark Valley News on February 8,2018.)
ORDINANCE NO: 631
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION
FROM "C-1" TO "C-2" WITH A PUD OVERLAY ON CERTAIN
PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS
OF BEL HIRE, SEDGWICK COUNTY, KANSAS.
WHEREAS, the legal description of the tract of land is as follows:
Legal Description
Lot 1, Block 1, Winkley Addition, Bel Aire, Sedgwick County, Kansas, all as set forth on
a map attached hereto, and identified as Appendix A.
WHEREAS, a public hearing was convened on the matter of rezoning the described tract on
January 11, 2018, by the Planning Commission for the City of Bel Aire, Kansas in conformance
with the requirements set forth in Article Five 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 the guidelines set
forth in Article 5.01 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 to change the above described tract of land, as described
above, from C-1 to C-2 WITH A PUD OVERLAY, in conformance with the terms of the plat, and
with specific conditions as follows:
1. Total Land Area: 51,052 sq.ft.±
or 1.17 acres
Total Gross Floor Area: 9,000 sq.ft.
Total Floor Area Ratio: 18 percent
2. This Agreement establishes the terms and conditions for a Planned Unit Development zoning
district. The requirements contained in this PUD are in lieu of any requirements contained in
the zoning and subdivision regulations of the City and compliance with the terms and
conditions of this PUD Agreement shall be deemed in compliance with the zoning and
subdivision regulations of the City.
3. Installation of all improvements shall be in compliance with the requirements of all
applicable federal, state and local legislation, including the Americans with Disabilities Act.
All infrastructure improvements shall be detailed on a Planned Unit Development Site Plan,
which delineates building locations, at the time each individual lot is developed. Said
Planned Unit Development Site Plan (herein the "PUD Site Plan") shall be approved by
Developer and by the City Engineer,attached hereto and made a part hereof, at the time
each individual lot is developed.
4. All easements recorded on the face of the final plat of Winkley Addition to Bel Aire, Kansas
shall remain in effect pursuant to this Planned Unit Development Agreement. The surface of
such easements may be used by the owner(s) for driveways, parking and landscaping, as
delineated on the PUD Site Plan at the time each individual lot is developed.
5. Within the undeveloped portion of the site, the Developer shall prepare a Landscape and
Storm Drainage Plan, which shall address the effect of changes to the natural environment
and increased drainage. Said Landscape and Storm Drainage Plan shall be approved by the
City Engineer, attached hereto, and made a part hereof at the time each individual lot is
developed. After approval by the Developer and the City Engineer of said Landscape and
Storm Drainage Plan, the Developer shall install, or cause to be installed, the improvements
pursuant to the said Plan.
6. Parcel 1 shall be limited to the following uses: Single-family, Duplex, Community
Assembly, Office (General), Construction Sales and Service (General), and Outdoor
storage as limited herein.
7. Signage shall be based on the standards of the "C-2" Commercial zoning district, except an
individual sign may be permitted up to 150 square feet in area. No LED, billboard, or off-
site signs shall be permitted.
8. Outdoor lighting sources shall employ cutoff luminaries to minimize light trespass and glare,
and shall be mounted at a height not exceeding one-half the distance from the neighboring
lot, unless evidence is provided to the satisfaction of the Zoning Administrator that the light
source will be aimed or shielded such that the light source is not visible from the neighboring
lot.
9. Screening:
A. Screening shall be provided by an eight (8) foot high wood fence with galvanized
metal posts where shown on the plan.
B. Solid screening shall be provided for all outdoor work and storage areas, parking lots
and loading docks within 200 feet of residential uses in order to screen these areas
from residential zoning districts.
C. The 10-foot alley along the north line of Parcel 1,the 10-foot easement along the east
line of Parcel 1, and the south 25 feet of Parcel 1 shall all be considered buffers to the
development.
10. Landscaping requirements shall be per the Bel Aire Zoning Code for commercial uses. Existing
landscaping may be permitted within Oliver right-of-way,and shall be considered as meeting
this requirement. Screening around the perimeter of the PUD shall not be required.
11. The design layout shown on the plan illustrates only one development concept.
Modifications to the location of improvements, building layout, and/or access locations may
be permitted, provided they meet all requirements of this plan.
12. All applicable permits, licenses, inspections or change in use shall be obtained prior
to occupancy.
13. The Developer shall enclose or cause to be enclosed, all trash and recycling containers and
similar equipment as set forth in the PUD Site Plan as approved by the City Engineer at the
time each individual lot is developed.
14. Outside storage of all equipment, products or material shall be permitted on said property
within those areas indicated on the plan. The center outdoor storage area, as indicated on
the plan, may be paved with crushed asphalt millings, or similar material which reduces dust.
15. Parking shall be provided as required by City Code for all new construction. The
existing business shall be required a minimum of 5 parking spaces.
16. The Developer shall file with the Sedgwick County Register of Deeds an executed copy of
this Agreement.
17. Upon full execution hereof and upon attachment of the PUD Site Plan, the Landscape and
Drainage Plan and the Signage Plan, all approved as provided herein at the time each
individual lot is developed, the terms and conditions of this Agreement, as set forth herein,
shall be binding upon the City and the Developer, their successors, representatives, trustees,
and assigns.
18. A detailed site shall be submitted including parking, building elevations, landscaping,and utility
locations,etc.signage criteria,and streets improvements, at the time the undeveloped portion
of site is developed.The location of any additional building is indicated on the plan.
WHEREAS, the Governing Body has considered the factors set forth in Article 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 Planning Commission's recommendation for rezoning of the tract
of land described above from C-1 to C-2 WITH A PUD OVERLAY, in conformance with and all
specific conditions as set forth within the preamble above.
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 publication of its
summary in the Ark Valley News, an official city newspaper.
Passed by the Governing Body this 6th day of February, 2018.
MAYOR David Austin
ATTEST:
CITY CLERK�,Jtacey Cook
SEAL
Doc.*/Flm-Pg: 29751159
Receipt *: 2052375 Re:o,,dir.3 Fec $0.00
„ . Page@ Recorded: 5
, Authorized
Ceehier: KYENATOR
• Date Recorded: 02/21/2016 02:0 :03 PM
111111111111111111111111111111111111111111111111111111111111
Please do not remove this cover page, it has become part of this document
Grantor BEL AIRE CITY OF
Grantee WINKLEY ADDITION
Type of Document MISC.ORD
Recording Fees $0.00
Mtg Reg Tax $0.00
Total Amount $0.00
Return Address Y OF BEL AIRE
7651 CENTRAL PARK AVENUE
BEL AIRE, KS 67226
(I'7
=a
f�
t (First published in The Ark Valley News on February 8,2018.)
ORDINANCE NO: 631
AN ORDINANCE CHANGING THE ZONING CLASSIFICATION
FROM "C-1" TO 64C-2" WITH A PUD OVERLAY ON CERTAIN
PROPERTY LOCATED WITHIN THE CORPORATE CITY LIMITS
OF BEL AIRE, SEDGWICK COUNTY, KANSAS.
WHEREAS, the legal description of the tract of land is as follows:
Legal Description
Lot 1, Block 1, Winkley Addition, Bel Aire, Sedgwick County, Kansas, all as set forth on
a map attached hereto, and identified as Appendix A.
WHEREAS, a public hearing was convened on the matter of rezoning the described tract on
January 11, 2018, by the Planning Commission for the City of Bel Aire, Kansas in conformance
with the requirements set forth in Article Five 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 the guidelines set
forth in Article 5.01 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 to change the above described tract of land, as described
above, from C-1 to C-2 WITH A PUD OVERLAY, in conformance with the terms of the plat, and
with specific conditions as follows:
1. Total Land Area: 51,052 sq.ft.±
or 1.17 acres
Total Gross Floor Area: 9,000 sq.ft.
Total Floor Area Ratio: 18 percent
2. This Agreement establishes the terms and conditions for a Planned Unit Development zoning
district. The requirements contained in this PUD are in lieu of any requirements contained in
the zoning and subdivision regulations of the City and compliance with the terms and
conditions of this PUD Agreement shall be deemed in compliance with the zoning and
subdivision regulations of the City.
3. Installation of all improvements shall be in compliance with the requirements of all
applicable federal, state and local legislation, including the Americans with Disabilities Act.
All infrastructure improvements shall be detailed on a Planned Unit Development Site Plan,
which delineates building locations, at the time each individual lot is developed. Said
Planned Unit Development Site Plan (herein the "PUD Site Plan") shall be approved by
Developer and by the City Engineer, attached hereto and made a part hereof, at the time
each individual lot is developed.
["J
cn
rr .
ii'•
4. All easements recorded on the face of the final plat of Winkley Addition to Bel Aire, Kansas
shall remain in effect pursuant to this Planned Unit Development Agreement. The surface of
such easements may be used by the owner(s) for driveways, parking and landscaping, as
delineated on the PUD Site Plan at the time each individual lot is developed.
5. Within the undeveloped portion of the site, the Developer shall prepare a Landscape and
Storm Drainage Plan, which shall address the effect of changes to the natural environment
and increased drainage. Said Landscape and Storm Drainage Plan shall be approved by the
City Engineer, attached hereto, and made a part hereof at the time each individual lot is
developed. After approval by the Developer and the City Engineer of said Landscape and
Storm Drainage Plan, the Developer shall install, or cause to be installed, the improvements
pursuant to the said Plan.
6. Parcel 1 shall be limited to the following uses: Single-family, Duplex, Community
Assembly, Office (General), Construction Sales and Service (General), and Outdoor
storage as limited herein.
7. Signage shall be based on the standards of the "C-2" Commercial zoning district, except an
individual sign may be permitted up to 150 square feet in area. No LED, billboard, or off-
site signs shall be permitted.
8. Outdoor lighting sources shall employ cutoff luminaries to minimize light trespass and glare,
and shall be mounted at a height not exceeding one-half the distance from the neighboring
lot, unless evidence is provided to the satisfaction of the Zoning Administrator that the light
source will be aimed or shielded such that the light source is not visible from the neighboring
lot.
9. Screening:
A. Screening shall be provided by an eight (8) foot high wood fence with galvanized
metal posts where shown on the plan.
B. Solid screening shall be provided for all outdoor work and storage areas, parking lots
and loading docks within 200 feet of residential uses in order to screen these areas
from residential zoning districts.
C. The 10-foot alley along the north line of Parcel 1,the 10-foot easement along the east
line of Parcel 1,and the south 25 feet of Parcel 1 shall all be considered buffers to the
development.
10. Landscaping requirements shall be per the Bel Aire Zoning Code for commercial uses. Existing
landscaping may be permitted within Oliver right-of-way, and shall be considered as meeting
this requirement. Screening around the perimeter of the PUD shall not be required.
11. The design layout shown on the plan illustrates only one development concept.
Modifications to the location of improvements, building layout, and/or access locations may
be permitted, provided they meet all requirements of this plan.
i r
c!i
�:1
12. All applicable permits, licenses, inspections or change in use shall be obtained prior
to occupancy.
13. The Developer shall enclose or cause to be enclosed, all trash and recycling containers and
similar equipment as set forth in the PUD Site Plan as approved by the City Engineer at the
time each individual lot is developed.
14. Outside storage of all equipment, products or material shall be permitted on said property
within those areas indicated on the plan. The center outdoor storage area, as indicated on
the plan, may be paved with crushed asphalt millings, or similar material which reduces dust.
15. Parking shall be provided as required by City Code for all new construction. The
existing business shall be required a minimum of 5 parking spaces.
16. The Developer shall file with the Sedgwick County Register of Deeds an executed copy of
this Agreement.
17. Upon full execution hereof and upon attachment of the PUD Site Plan, the Landscape and
Drainage Plan and the Signage Plan, all approved as provided herein at the time each
individual lot is developed, the terms and conditions of this Agreement, as set forth herein,
shall be binding upon the City and the Developer, their successors, representatives, trustees,
and assigns.
18. A detailed site shall be submitted including parking,building elevations, landscaping,and utility
locations,etc. signage criteria, and streets improvements,at the time the undeveloped portion
of site is developed. The location of any additional building is indicated on the plan.
WHEREAS, the Governing Body has considered the factors set forth in Article 5 of the Zoning
Regulations of the City of Bel Aire, Kansas.
�5
I:n
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 for rezoning of the tract
of land described above from C-1 to C-2 WITH A PUD OVERLAY, in conformance with and all
specific conditions as set forth within the preamble above.
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 publication of its
summary in the Ark Valley News, an official city newspaper.
Passed by the Governing Body this 6th day of February, 2018.
� JS,
David Austin, Mayor, Bel Aire, KS
ATTEST:
Stacey Cook, ity Clerk, Bel Aire, KS
t"}f
c�rr �r