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Home My Public Portal AboutOrd 640 Development Agreement AmendmentSummary of Ordinance No. 640 City of Bel Aire, Kansas On December 18, 2018 the City of Bel Aire, Kansas, adopted Ordinance No. 640, regarding approval of a Planned Unit Development Agreement and certain zoning amendments to an R-5 zoning 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. (First published in The Ark Valley News on Thursday, December 20, 2018.) ORDINANCE NO: 640 AN ORDINANCE AUTHORIZING THE DEVELOPMENT OF VILLAS AT PRESTWICK IN ACCORDANCE WITH A PLANNED UNIT DEVELOPMENT AGREEMENT AND AMENDING THE MINIMUM DWELLING UNIT AREA FOR LOTS WITHIN THE DEVELOPMENT ALL 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 A contiguous tract of land lying in a portion of Lot 4, Block 22, TOGETHER WITH, Lot 1, Block 23. TOGETHER ?.'!TH., a portion of Reserve C, all platted within Central Park Addition, Bel Aire, Sedgmck County, Kansas, said contiguous tract c"and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 1; thence along the east line of said Lot 1 on a Kansas Coordinate system of 1983 south zone bearing of S01`56' 16"E, 941.40 feet to the southeast corner of saki Lot 1, being coincident with the northeast most corner of Reserve H, Elk Creek Addition, an addition to Bel Aire, Sedgwick County, Kansas; thence along the southerly line of sad Lot 1. being coincident with the northerly line of said Reserve H for the next two courses. S79'502 `6"`,"i, 144.12 feet: thence N41'06'03'1+0', 168.83 feet; thence continuing along said northerly line for the next four courses, S83'03'44``N, 100.57 feet: thence 548`46'05'V', 97.48 feet, thence S76` 34'33 W, 158.80 feet; thence N55`12'14'11V, 556..93 feet to the north most corner of said Reserve H, also being a point on the norn Vrly line of said Lot 4 and being coincident with the scutery right-of-way line of Prestwick Avenue as platted, thence along said northerly line of Lot 4 and the north lines of said Reserve C and said Lot 1, piny coincident with said southerly right-of-way line for the next three courses, 1143'29'46"E, 6'10.71 feet to a point on a curve to the right. said curve having a radius of 565.00 feet, a central angle of 44=27`03", a chord bearing of N65'43'34"E, and a chord distance of 427.42 feet: thence along said curve to the right, 42.5.33 feet; thence N87'57'49"E, 1:,,-6.78 feet to the POINT OF BEGINNING, EXCEPT any poricn thereof lying within Elk Creek Addition, an addition to 8ei Aire, Sedgwick County. Kansas. CONTAINS: 675,339 square feet or 15.50 acres of land, more or less. All streets, easements, rights -of -way. building setbacks, access controls. together with all other public dedications within the above described property, are hereby vacated and replotted by virtue of K.S.A.. 12-512b, as amended. WHEREAS, a public hearing was convened by the Planning Commission on November 8, 2018, regarding the matter of authorizing a Planned Unit Development Agreement for the described tract and amending the minimum dwelling unit area for the main floor of lots within the Villas at Prestwick Addition, in conformance with the requirements set forth in Article Five and Article Seven 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 the Planned Unit Development Agreement for the described tract and the described zoning amendments based upon the guidelines set forth in Article 5.01 and 7.10 of the Zoning Regulations and 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, in conformance with the terms of the plat and developer's agreement , and with specific conditions as follows: PUD PROVISIONS: All lots and reserves within VILLAS AT PRESTWICK shall adhere to recitals of said recorded plat(s) and/or the subdivision regulations of the CITY. All lots and reserves within VILLAS AT PRESTVVICK are zoned Garden and Patio Home, Townhouse and Condominiums R-5 Zoning District Classification, and will adhere to the current and future uses and regulations set forth in said R-5 Zoning District regulations of the CITY, provided however these supplemental and supplanted provisions set forth as follows: 1. PERMITTED USES: A. Two, three, and four attached multiple -family dwelling units. B. Accessory Uses - allowed but not limited to as follows: 1. Clubhouse will have the following features or similar: a) Full function kitchen. b) Large community/meeting/event room. c) Exercise room. d) Office for staff and/or sales agents. e) Small office for residents. Clubhouse Provisions: The clubhouse facilities are to be secured and accessible to staff, residents and their guests. The facilities are to be located off a looped sidewalk. Residents are encouraged to walk or bike, however, there shall be 13 on -street parking stalls including at least one handicap accessible stall for its use. 2. The community shall also allow for the use of accessory structures or maintenance buildings for storage of seasonal items and community related maintenance equipment. 2. HEIGHT AND AREA REGULATIONS: A. Maximum density per acre — 6 dwelling units per acre inclusive of Reserve lands. B. Maximum height: 1. Residences — two (2) stories, not exceeding thirty-five (35) feet from finished grade. 2. Accessory structures — one (1) story. C. Minimum dwelling unit area be as follows: 1,100 square feet for Lots 1, 2, 3, 4, 5, 13 and 14 and 1,000 square feet for all other Lots. D. Maximum lot coverage — 45% E. Minimum building setbacks shall be as stated on the recorded Final Plat(s). 3. PARKING: A. 1.5 parking off-street spaces per dwelling unit. Driveways and garages are considered as off-street. B. Additional on -street accessory parking areas for visitors, beyond those provided by the clubhouse, are encouraged with this development but not required. 4. EASEMENTS: All easements recorded on the face of the final plat of VILLAS AT PRESTWICK, Kansas shall remain in effect pursuant to this Planned Unit Development Agreement. The surface of such easements may be used by the owner for driveways, parking and landscaping, provided that such parking does not block sidewalks. 5. FENCING & SCREENING: Fencing and screening methods and materials shall blend in with the architectural design of the buildings and to reasonably hide the materials, trash and recycling containers from ground view, and all fencing and screening methods and materials must be pre -approved in writing by the CITY. Black ornamental iron and other similar fencing material may be allowed if such materials blend in with the architectural design elements of the building and adjacent sites. Any plans for outside storage facilities shall comply with the applicable ordinances and zoning regulations of the CITY and be submitted in writing to the CITY for prior approval. No barbed wire is allowed. If any fencing or screening is installed by the DEVELOPER along PRESTWICK OR ROCK or other areas during Development, all future maintenance and upkeep shall be performed by the Developer or HOA. 6. LANDSCAPING: The DEVELOPER shall submit and have approved by the CITY, a "Landscape Plan" that is representative of the landscaping to be provided as each phase of VILLAS AT PRESTWICK is developed. The "Landscaping Plan" shall show contours, utilities, size and spread at planting, any type of ground cover, shrubs, and coordinate with the Drainage Plan and Site Plan for the project. A. Planting of interior trees shall meet the CITY'S street tree requirements. Any areas outside of the general boundaries of each development phase shall be planted to appropriate turf or ground cover adequate to prevent undue soil erosion and shall be maintained in accordance with applicable CITY ordinances. B. Any future phases to be constructed shall also submit and have approved by the CITY, detailed landscape plans for that phase. Within all detailed landscape plans, ground mounted mechanical equipment and trash receptacles shall be screened from ground level view. 7. LIGHTING: A Street and parking lighting plan shall be submitted to the CITY for approval and comply with the City zoning ordinance. Outdoor lighting sources shall employ cutoff luminaries to minimize light trespass and glare. Wood poles shall not be used. 8. SIDEWALKS: Sidewalks shall be installed on one side of streets as delineated in the sidewalk plan that was submitted with the final plat. Sidewalks shall comply with the ADA Accessibility Guidelines (ADAAG). Sidewalks shall be handicap accessible and be required to extend or complete connecting links in the sidewalk system. 9. SIGNAGE: Signs, other than street or traffic / regulatory, of such location, type and size as shall be approved as part of the building permit process giving due regard to the prevailing type, size and pattern of location utilized throughout the area. A. All signage shall comply with the applicable ordinances and zoning regulations of the City and be submitted in writing to the CITY for written approval. B. Signs are to be maintained by the DEVELOPER indefinitely unless transferred to a home owner's association any alternative plan must be approved by the CITY. Failure of the DEVELOPER to maintain such areas and property shall be grounds for the CITY to enforce this provision as a nuisance abatement action, at the cost and expense of the DEVELOPER and/or HOA. 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 Planned Unit Development Agreement for the described tract and the described zoning amendments based upon the guidelines set forth in Article 5.01 and 7.10 of the Zoning Regulations and of the City of Bel Aire, Kansas 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 18th day of December, 20 8. MAYOR David Austin ATTEST: • 4 ell W' CITY CLERK, Melissa Krehbiel SEPAL CITY OF THE FUTURE ��; � tVITH RE$ „-. T FORI PAST '�� o}'Its Cat►