AN ORDINANCE ADOPTING A RECOMMENDATION BY THE CITY PLANNING COMMISSION TO APPROVE C-2 HEAVY SERVICE COMMERCIAL DISTRICT ZONING ON PROPERTY LOCATED AT 20080 HOMESTEAD LANE, JOHNSON COUNTY, KANSAS
WHEREAS, the Planning Commission has recommended that C-2 zoning be approved for property at 20080 Homestead Lane (herein after “Property”) the legal description of which is as follows:
East 1/3 of the Northeast ¼ of Section 9, Township 15, Range 22, except 1.66 acres in highway, in Johnson County, Kansas.
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 Official Zoning map, as set forth in Article 2, Section 2.2, of the Unified Development Code, is hereby amended to show rezoning of the Property to C-2, Heavy Service Commercial District.
Section 2. That the C-2 zoning on the Property is subject to the following conditions as proposed and agreed to by the owner of the Property:
1. All Site Plan application requirements of the City shall be met prior to development of the property.
2. All infrastructure requirements of the City shall be met prior to development of the property.
3. The Site Plan shall incorporate a 200 ft. setback from the adjacent house located at 19911 Peppertree Lane.
4. That the setback area described in #3 above incorporate existing ponds, drainage ways, stormwater management, etc.
5. Adult Entertainment uses as defined by the Edgerton City Code shall be prohibited.
6. At the time of first development of the property, a landscape screen will be provided adjacent to the house at 19911 Peppertree Lane. The landscape screen shall consist of a 15 ft. wide strip with 3 staggered rows of evergreen trees planted 12-15 ft. apart.
Section 3. 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 the 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 4. City staff is directed to reflect such change in zoning in the
City’s maps and records.
Section 5. 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 14TH DAY OF JULY, 2011.
CITY OF EDGERTON, KANSAS
By: ___Donald Roberts ______________
Donald Roberts, Mayor
___Janeice Rawles ____________
Janeice Rawles, Interim City Clerk
APPROVED AS TO FORM:
_Patrick G. Reavy_______________
Patrick G. Reavy, City Attorney