Muyni
← Back to Wichita

District 1 Advisory Board

Regular Meeting

Wichita, KS · December 7, 2015

AgendaMinutes

Minutes

District I Advisory Board Minutes December 7, 2015 www.wichita.gov The District I Advisory Board meeting was held at 6:30 p.m. at the Atwater Neighborhood Resource Center located at 2755 E. 19th St. N., Wichita, KS, 67214. The Council Member, Nine Board Members, Seven Staff and Ten Members of the public were present. Members Present Staff Present David Buckmaster Officer G. Feuerborn, WPD Twila Chaloupek Officer M. Lowe, WPD Beverly Domitrovic Officer T. Doshier, WPD Dan Heflin Lt. S. Oldridge, WPD Aaron Mayes Sgt. J. Ryan, WPD James Roseboro Bill Longnecker, MAPD James Thompson Kameelah Alexander, Office of Community Services Janet Wilson Bill Wynne Council Member Lavonta Williams Members Absent Guests Brandon James Listed on last page Brandon Johnson Joshua Marshall (Youth Member) Order of Business Call to Order Meeting was called to order Approval of Agenda Motion to approve the agenda submitted. Motion by Roseboro/Buckmaster, carried 9:0. Approval of Minutes Motion to approve the minutes submitted. Motion by Roseboro/Thompson, carried 9:0. Public Agenda Scheduled Items No Items Off Agenda Items No Items District I Advisory Board Minutes December 7, 2015 Page 2 of 4 Staff Reports Fire Report No report was provided due to an emergency call Police Report Officer M. Lowe, Patrol East, shared that some recent aggravated assaults were connected to victim knowing the other parties involved, daytime shed burglaries have taken place, Valero on south Hillside was robbed and person was arrested. Officer T. Doshier, Patrol South, shared the stats on auto thefts and robberies. Overall stats were down and any increase was only by one incident. Please be aware of holiday time thieves and keeping belongings out of sight. South patrol does not have body cameras yet. Officer G. Feuerborn, Patrol North, shared that there will be an IMPACT meeting on Tuesday, December 08, 2015, at 5:30 pm in reference to the double homicide on E. Mossman. Five reported shed break-ins took place and the person was arrested; however, there may have been more unreported cases. WSU Off-Campus Safety Walk was attended by Officer Burnett. 100 meals for Thanksgiving were coordinated by Officer Bussard and delivered to families. Christmas meals will also be provided. Sergeant J. Ryan, Patrol North, suggested that citizens have their delivery packages picked up by family. New Business ZON2015-00047 TF-3 Two-family Residential to GC General Commercial Bill Longnecker, Metropolitan Area Planning Department, presented this request. The applicant requested GC General Commercial (“GC”) zoning on a 0.22-acre site, currently zoned TF-3 Two-family Residential (“TF-3”). The proposed use is a parking area, commercial, for the art studio and an open air retail market with outside display proposed to be developed just west of the site, across Green Street. The site is located at the southeast corner of East 13th Street North and North Green Street, just two blocks east of North Grove Avenue. The subject site currently is undeveloped. Any development on the subject property, even a parking area, will be required to meet screening, compatibility standards and landscaping. For any proposed development, screening, buffer landscaping and compatibility standards will be required for the residential properties to the south and east. DAB Questions: DAB: Is there adequate parking? A: Yes, with adjacent location DAB: Is there a time frame for new service? A: No date available; however 501 (C) (3) has been applied for. Action Taken: Wynne/Wilson made a motion to recommend approval of the zoning. Motion passed 9:0. 2 District I Advisory Board Minutes December 7, 2015 Page 3 of 4 CON2015-00025 Conditional Use for an event center - nightclub in the city Bill Longnecker, Metropolitan Area Planning Department, presented this request. The applicant requested consideration for a Conditional Use for an “event center” and a “nightclub in the city” on the LC Limited Commercial (LC) zoned platted property located north of Kellogg Street on the west side of Hydraulic Avenue (421 S. Hydraulic Ave.). The applicant proposes to provide a venue for events, such as weddings, birthdays, church functions, fraternal functions, a reception venue and similar activities. The serving of food is an option at these events. Dancing with DJ provided music or live music is an option for the events. The serving and consumption of alcoholic liquor or cereal malt beverages (drinks) on the site is an option for the events. An establishment that serves unrestricted amounts of alcohol for consumption on site and that also provides live entertainment or dancing is defined as a nightclub in the city; UZC Unified Zoning Code (UZC) Sec.II-B.9.b. When a LC zoned proposed nightclub in the city is located within 300-feet of a church, public park, school or residential zoning district a Conditional Use is required: UZC Sec.III-D.6.w. B Multi-Family Residential (B) zoned property is located less than 70-feet east of the site, across Hydraulic Avenue. The unoccupied event center-nightclub portion of the site is located in the east half of a small one-story commercial strip building (built 1950). The west half used to house the Night Owl bar. Staff has found no previous conditional use or use exception for a tavern/drinking establishment or nightclub for this site. Staff found no other tavern/drinking establishments, nightclubs or event center-nightclubs located in the neighborhood. The applicant proposed that the nightclub and event center-nightclub operate; Friday-Saturday, 5:00 p.m.- 1:30 a.m., Monday-Wednesday, 5:00 p.m.-11:00 p.m., Thursday, 5:00 p.m.-12:45 a.m. and Sunday, 5:00 p.m.-12:45 a.m. The west nightclub portion is open to the general public. The east event center-nightclub portion is rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled; UZC Sec.II-B.4.m. Enforcement of the proposed operations is problematic, as the Metropolitan Area Building and Construction Department’s Code Enforcement division (OCI) is not active during the proposed hours or on the weekends. DAB Questions: DAB: Are parking spaces available with agreements from neighboring businesses? A. Yes DAB: Have there been any complaints about this establishment? A: One written complaint about parking from a business two buildings south. No police reports or complaints from WPD. Action Taken: Heflin/Wilson made a motion to approve the conditional use. Motion passed 5:4. CON2015-00035 A Conditional Use for self-service storage warehouse Bill Longnecker, Metropolitan Area Planning Department, presented this request. The applicant requested a conditional use for a self-service storage warehouse on a portion of the undeveloped 1.76 acre LC Limited Commercial (LC) zoned Lot 1, Lonely Pine Addition. Generally located east of Oliver Avenue, on the north side of 21st Street North and east of Pinecrest Avenue (5310 E 21st Street N). The applicant owns the abutting self-service storage warehouse development and if the conditional use is approved the subject site will become part of the existing self-service storage warehouse development, under one owner. DAB: Will the expansion resemble the current cosmetics of the storage warehouse? A. Yes Action Taken: Roseboro/Thompson made a motion to approve the conditional use. Motion passed 9:0. 3 District I Advisory Board Minutes December 7, 2015 Page 4 of 4 ZON2015-00048 TF-3 Two-family Residential to GO General Commercial Bill Longnecker, Metropolitan Area Planning Department, presented this request. The applicant requested a zone change from TF-3 Two-family Residential (“TF-3”) to GO General Office (“GO”) on a 0.97 acre site located south of East 9th Street North, along the east side of North Hillside Avenue (918 N. Hillside Ave.) The vacant site is 208 feet deep and 80 feet wide. The applicant indicates a desire to have the property rezoned to the same zoning of the properties to the north and south of the subject site to make the property more marketable. DAB: Is there a time limit to implement the requested plan? A. No Action Taken: Mayes/Heflin made a motion to approve recommend approval of the zoning. Motion passed 8:1. Board Agenda Updates, Issues and Reports  Results of using a wood chipper during Sleepy Hollow Neighborhood clean-up reduced dumpsters from four to two.  Trees were removed in Sleepy Hollow area by Forestry Department  WIN Annual Dinner will be held in January  Status of traffic light at 13th and Edgemoor is in-progress Adjournment Motion to adjourn by Roseboro/Buckmaster, motion passed 9:0. The next District I Advisory Board meeting will be held at 6:30 p.m., January 4, 2016, at Atwater Neighborhood Resource Center, 2755 E. 19th St. N. Guests 1. Janice Thacker 2. Jozel Smith Eckles 3. Rosie Vesey 4. Sandra Hambrick 5. Charles Coleman 6. Janice Rich 7. Byrum Huff 8. Gerry Domitrovic 9. Lonny Wright 10. William Eckels 4

Agenda

DISTRICT I ADVISORY BOARD AGENDA December 7, 2015, 6:30 p.m. Atwater Neighborhood Resource Center 2755 E. 19th St. N., Wichita, KS 67214 ORDER OF BUSINESS Call to Order Approval of agenda for Dec.7, 2015 Approval of minutes for Nov. 2, 2015 Public Agenda Board will hear public issues from individual citizens regarding City issues not scheduled on the agenda. Each presentation is limited to five minutes unless extended by the Board. 1. Scheduled Items No items. 2. Off Agenda Items Any individual present that did not request to speak on the public agenda prior to the meeting may speak at this time. Staff Reports 3. Fire Report Fire Department will provide information on activity in the District I community. Recommended Action: Receive and file 4. Police Report Police Department will provide information on activity in the District I community. Recommended Action: Receive and file New Business 5. ZON2015-00047 TF-3 Two-family Residential to GC General Commercial Bill Longnecker, Metropolitan Area Planning Department, will present this request. The applicant is requesting GC General Commercial (“GC”) zoning on a 0.22-acre site, currently zoned TF-3 Two-family Residential (“TF-3”). The proposed use is a parking area, commercial, for the art studio and an open air retail market with outside display proposed to be developed just west of the site, across Green Street. The site is located at the southeast corner of East 13th Street North and North Green Street, just two blocks east of North Grove Avenue. The subject site currently is undeveloped. Any development on the subject property, even a parking area, will be required to meet screening, compatibility standards and landscaping. For any proposed development, screening, buffer landscaping and compatibility standards will be required for the residential properties to the south and east. Recommended Action: While this proposed zone change does not exactly conform to the existing Land Use Guide of the Comprehensive Plan, this request would be in conformance at the other three corners of the intersection due to them being classified as Local Commercial. This proposed zone change is proposed to help serve the property to the east of the subject site (across Green Street) which was granted a zone change from TF-3 to GC by the MAPC on December 2, 2010 (ZON2010-00042). Thus, based upon the information available prior to the public hearings and past zone change requests in the area, planning staff recommends that the request be APPROVED, subject to the proposed Protective Overlay: District I Advisory Board Agenda August 3, 2015 Page 2 of 3 The following uses shall not be permitted: hotel or motel; pawn shop; payday loan; rodeo; riding academy or stable; tattooing or body piercing facility; vehicle and equipment sales; asphalt or concrete plant; vehicle storage yard; adult entertainment establishment; massage therapist/parlor; correctional placement residence; recycling collection station; reverse vending machine; car wash; convenience store; kennel; night club; restaurant with drive-in or drive-thru facilities; service station; tavern and drinking establishment. 6. CON2015-00025 Conditional Use for an event center - nightclub in the city Bill Longnecker, Metropolitan Area Planning Department, will present this request. The applicant is requesting consideration for a Conditional Use for an “event center” and a “nightclub in the city” on the LC Limited Commercial (LC) zoned platted property located north of Kellogg Street on the west side of Hydraulic Avenue (421 S. Hydraulic Ave.). The applicant proposes to provide a venue for events, such as weddings, birthdays, church functions, fraternal functions, a reception venue and similar activities. The serving of food is an option at these events. Dancing with DJ provided music or live music is an option for the events. The serving and consumption of alcoholic liquor or cereal malt beverages (drinks) on the site is an option for the events. An establishment that serves unrestricted amounts of alcohol for consumption on site and that also provides live entertainment or dancing is defined as a nightclub in the city; UZC Unified Zoning Code (UZC) Sec.II-B.9.b. When a LC zoned proposed nightclub in the city is located within 300-feet of a church, public park, school or residential zoning district a Conditional Use is required: UZC Sec.III-D.6.w. B Multi-Family Residential (B) zoned property is located less than 70-feet east of the site, across Hydraulic Avenue. The unoccupied event center-nightclub portion of the site is located in the east half of a small one-story commercial strip building (built 1950). The west half used to house the Night Owl bar. Staff has found no previous conditional use or use exception for a tavern/drinking establishment or nightclub for this site. Staff found no other tavern/drinking establishments, nightclubs or event center-nightclubs located in the neighborhood. The applicant proposes that the nightclub and event center-nightclub operate; Friday-Saturday, 5:00 p.m.-1:30 a.m., Monday-Wednesday, 5:00 p.m.-11:00 p.m., Thursday, 5:00 p.m.-12:45 a.m. and Sunday, 5:00 p.m.-12:45 a.m. The west nightclub portion is open to the general public. The east event center-nightclub portion is rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled; UZC Sec.II-B.4.m. Enforcement of the proposed operations is problematic, as the Metropolitan Area Building and Construction Department’s Code Enforcement division (OCI) is not active during the proposed hours or on the weekends. Recommended Action: The site lacks the required parking. Based on the applicant’s and OCI’s information on the site, 126 parking spaces are needed but the site can only provide 29 parking spaces; the site is 97 parking spaces short of the required parking. The parking issue could be addressed by a variance or off-site parking agreements. However, a variance would probably not resolve the issue of parking on neighboring properties or parking in the west abutting paved alley. Enforcement of the proposed operation is problematic, as OCI is not active during the proposed hours or on the weekends. The proposed nightclub and event center-nightclub appears to be too ambitious for the site. However, there is the possibility that the applicant could acquire additional parking located within 600-feet of the subject site; UZC Sec.IV-9. & 10. The applicant should be given the opportunity to resolve parking with a deadline. If the parking is not resolve before the deadline the request would be closed and marked denied. Based upon information available prior to the public hearings, planning staff recommends that the request for a nightclub in the city be APPROVED, subject to the 9 listed conditions. 7. CON2015-00035 A Conditional Use for self-service storage warehouse Bill Longnecker, Metropolitan Area Planning Department, will present this request. The applicant is requesting a conditional use for a self-service storage warehouse on a portion of the undeveloped 1.76 acre LC Limited Commercial (LC) zoned Lot 1, Lonely Pine Addition. Generally located east of Oliver Avenue, on the north side of 21st Street North and east of Pinecrest Avenue (5310 E 21st Street N). The applicant owns the abutting self-service storage warehouse development and if the conditional use is approved the subject site will become part of the existing self-service storage warehouse development, under one owner. District I Advisory Board Agenda August 3, 2015 Page 3 of 3 Recommended Action: Based upon information available prior to the public hearings, planning staff recommends that the proposed conditional use for warehouse/self-storage be APPROVED, subject to the 5 listed conditions. 8. ZON2015-00048 TF-3 Two-family Residential to GO General Commercial Bill Longnecker, Metropolitan Area Planning Department, will present this request. The applicant requests a zone change from TF-3 Two-family Residential (“TF-3”) to GO General Office (“GO”) on a 0.97 acre site located south of East 9th Street North, along the east side of North Hillside Avenue (918 N. Hillside Ave.) The vacant site is 208 feet deep and 80 feet wide. The applicant indicates a desire to have the property rezoned to the same zoning of the properties to the north and south of the subject site to make the property more marketable. Recommended Action: Staff finds that based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED. Board Agenda 9. Updates, Issues and Reports Opportunity is provided for the Council Member and the District Advisory Board members to report any activities, events, or concerns in the neighborhoods and/or Council District. Recommended Action: Receive and file The next DAB I meeting will be held at 6:30 p.m., January 4, 2016, at the Atwater Neighborhood Resource Center, 2755 E.19th St. N., Wichita, KS 67214. Adjourn