August 30, 2014

First Published 9-2-11

ORDINANCE NO. 906_________

AN ORDINANCE ADOPTING A RECOMMENDATION BY THE CITY PLANNING COMMISSION TO APPROVE REZONING OF PROPERTY LOCATED AT 34635 191ST STREET IN EDGERTON, JOHNSON COUNTY, KANSAS, FROM EDGERTON AGRICULTURAL DISTRICT (A-G) TO CITY OF EDGERTON SINGLE FAMILY RESIDENCE (R-1) ZONING
WHEREAS, the Planning Commission has recommended that R-1 City zoning be approved for property at 34635 191st Street (hereinafter referred to as “the Property”), identification and the legal description of which is attached hereto as Exhibit A.

WHEREAS, all newspaper and mailed notifications were performed and a public hearing was properly held before the City Planning Commission.

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS:
Section 1. That the property identified and described in the attached Exhibit A is rezoned to City of Edgerton R-1 Zoning, and City Staff is directed to reflect said rezoning in the City’s Official Zoning map and other City records.

Section 2. 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 3. This ordinance shall take effect and be enforced from and after its publication once in the official city newspaper.

ADOPTED BY THE GOVERNING BODY AND APPROVED BY THE MAYOR OF THE CITY OF EDGERTON, KANSAS ON THE 25TH DAY OF AUGUST, 2011.

CITY OF EDGERTON, KANSAS

By: ___Donald Roberts _______________
Donald Roberts, Mayor

ATTEST:

Janeice Rawles_______________________
Janeice Rawles, Interim City Clerk
APPROVED AS TO FORM:

_Patrick G. Reavy______________________
Patrick G. Reavey, City Attorney

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