HomeMy Public PortalAboutOrd 632 Conditonal Use on Certain Property Summary of Ordinance No. 632
City of Bel Aire, Kansas
On February 6,2018,the City of Bel Aire,Kansas,adopted Ordinance No. 632,regarding approval
of a Conditional Use allowing for Hermitage type housing to be located in an R-6 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 Jacqueline Kelly, City
Attorney.
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(First Published in the Ark Valley News
on the 8th day of February, 2018.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 632
AN ORDINANCE APPROVING A CONDITIONAL USE ON
CERTAIN PROPERTY ZONED R-6 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 December 21, 2017, in conformance with Article Five of the Zoning Regulations
of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on January 11, 2018, by the Planning Commission
for the City of Bel Aire, Kansas, to consider the matter of permitting a conditional use upon a tract
of land within the City of Bel Aire, Kansas, located east of Woodlawn Blvd. and on the south side
of Bethany Drive in conformance with the requirements set forth in Article Five, Section Three
(5.03), 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 conditional use request based upon the
guidelines set forth in Article Five, Section Three (5.03) of the Zoning Regulations of the City of
Bel Aire,Kansas,in association with the owner's request for Hermitage housing which will not be
contrary to the public interest or 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, Catholic Diocese of Wichita,to allow for the conditional use upon
the tract of land, such special use to allow the property owner to operate Hermitage housing west
of Woodlawn Blvd. and south of Bethany Drive.
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 conditional use the construction of Hermitage housing,on a tract of land
located within the corporate city limits of Bel Aire, Kansas, on 10 acres west of Woodlawn and
South of Bethany Drive, and legally described as:
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SW1/4 EXC N 827.46 FT W 1049.70 FT M-L & EXC BEG SE COR N 1400 FT W 880 FT SW 583.49 FT W
1210 FT TO W LI S TO SW COR E TO BEG & EXC CATHOLIC LIFE CENTER 3RD ADD SEC 19-26-2E
SECTION 2. In conformance with Section 5.03 (D) and (E) of the Zoning Regulations, the
Governing Body finds that the request for Hermitage housing be constructed in a manner that does
not detract from the residential nature of the neighborhood.
SECTION 3. All ordinances, parts of ordinances, or other regulations or policies in conflict
herewith are hereby repealed.
SECTION 4. This Ordinance shall not take effect until filed with the Register of Deeds.
SECTION 5. 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 February, 2018.
Approved by the Mayor this 6`h day of February, 2018.
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AVID AUSTIN, MAYOR
ATTEST:
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STACEY C64K, CITY CLERK
SEAL
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. F `.Doc.*/Flm-Pg: 29751160
Receipt x: 2052375 Recording Fa: 40.00
.` Pagee Recorded: 3
Cashier: KVENATOR Authorized 1�
Date Recorded: 02/21/2018 02:0 :01 PM
I IIIIII VIII VIII VIII VIII VIII IIID VIII IIII IIIIII IIII(III
Please do not remove this cover page, it has become part of this document
Grantor BEL AIRE CITY OF
Grantee UNPLATTED
Type of Document MISC.ORD
Recording Fees $0.00
Mtg Reg Tax $0.00
Total Amount $0.00
Return Address CITY OF BEL AIRE
7651 CENTRAL PARK AVENUE
BEL AIRE, KS 67226
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(First Published in the Ark Valley News
on the 8th day of February, 2018.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. 632
AN ORDINANCE APPROVING A CONDITIONAL USE ON
CERTAIN PROPERTY ZONED R-6 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 December 21, 2017, in conformance with Article Five of the Zoning Regulations
of the City of Bel Aire, Kansas.
WHEREAS, A public hearing was convened on January 11, 2018, by the Planning Commission
for the City of Bel Aire, Kansas,to consider the matter of permitting a conditional use upon a tract
of land within the City of Bel Aire, Kansas, located east of Woodlawn Blvd. and on the south side
of Bethany Drive in conformance with the requirements set forth in Article Five, Section Three
(5.03), 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 conditional use request based upon the
guidelines set forth in Article Five, Section Three (5.03) of the Zoning Regulations of the City of
Bel Aire, Kansas, in association with the owner's request for Hermitage housing which will not be
contrary to the public interest or 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,Catholic Diocese of Wichita,to allow for the conditional use upon
the tract of land, such special use to allow the property owner to operate Hermitage housing west
of Woodlawn Blvd. and south of Bethany Drive.
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 conditional use the construction of Hermitage housing,on a tract of land
located within the corporate city limits of Bel Aire, Kansas, on 10 acres west of Woodlawn and
South of Bethany Drive, and legally described as:
2
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• , SW1/4 EXC N 827.46 FT W 1049.70 FT M-L & EXC BEG SE COR N 1400 FT W 880 FT SW 583.49 FT W
1210 FT TO W LI S TO SW COR E TO BEG & EXC CATHOLIC LIFE CENTER 3RD ADD SEC 19-26-2E
SECTION 2. In conformance with Section 5.03 (D) and (E) of the Zoning Regulations, the
Governing Body finds that the request for Hermitage housing be constructed in a manner that does
not detract from the residential nature of the neighborhood.
SECTION 3. All ordinances, parts of ordinances, or other regulations or policies in conflict
herewith are hereby repealed.
SECTION 4. This Ordinance shall not take effect until filed with the Register of Deeds.
SECTION 5. 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 6m day of February, 2018.
Approved by the Mayor this 6`h day of February, 2018.
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David Austin, Mayor, Bel Aire, KS
ATTEST:
Stacey Cook, y Clerk, Bel Aire, KS
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