September 1, 2014

First Published 9-2-11

ORDINANCE NO. _901B_

AN ORDINANCE APPROVING THE REQUEST TO REZONE PROPERTY FROM “RUR” (Rural District, an existing Johnson County Zoning) to “A-G” (Agricultural District, an Edgerton City Zoning) WITHIN THE CITY OF EDGERTON, KANSAS

WHEREAS, the City entered into annexation agreements to bring several parcels of property into the City; and

WHEREAS, the annexation agreements provided that, following annexation, said parcels would be rezoned to a city zoning district; and

WHEREAS, pursuant to the agreements, the City initialed the rezoning of the parcels; and

WHEREAS, al newspaper and mailed notifications were performed and a public hearing was properly held before the City Planning Commission on the rezoning of the parcels; and

WHEREAS, the Planning Commission recommended that the City Council approve rezoning of the parcels to the city Agricultural zoning district.

NOW THERE FORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS:

Section 1. That the Governing Body, in making its decision on the rezoning, considered City Staff’s comments and recommendations. The Governing Body also based its decision on the following criteria:

a). The character of the neighborhood, including but not limited to: zoning, existing and approved land use, platting, density (residential), natural features, and open space.
b). Compatibility of the proposed zoning and uses permitted therein with the zoning and uses of nearby properties.
c). The extent to which the zoning amendment may detrimentally affect nearby property has been addressed.
d). The relative gain (if any) to the public health, safety, and welfare from a denial of the rezoning application as compared to the hardship imposed upon the rezoning applicant from such denial.
e). Consistency with the Comprehensive Plan, Utilities and Facilities Plans, Capital Improvement Plan, Area Plans, ordinances, policies, and applicable City Code of the City of Edgerton.

Section 2. That the property described in Exhibit A (attached hereto) is hereby rezoned from “RUR” (Rural District, an existing Johnson County Zoning) to “A-G” (Agricultural District, and Edgerton City Zoning).

Section 3. City staff is directed to reflect such change in zoning in the City’s maps and records.

Section 4. The ordinance shall take effect and be enforced from and after its publication once in the official city newspaper.

PASSED by the Governing Body of the City of Edgerton, Kansas, and approved by the Mayor on the 10th day of March, 2011.

__Donald Roberts_________
Donald Roberts, Mayor

(Seal)

ATTEST:

Janeice Rawles________________
Janeice Rawles, Interim City Clerk

APPROVED AS TO FORM:

Patrick G. Reavy_____________
Patrick G. Reavy, City Attorney

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