District 1 Advisory Board

District I Advisory Board Minutes April 2, 2018 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. Thirteen board members, seven staff and thirty-four members of the public were present. Members Present Staff Present Brandon Johnson C. Burnett, WPD Prisca Barnes A. Villegas, WPD Anisia Brumley David Yearout, MAPC Lawanda Deshazer S. Bevis, WFD Dan Heflin Anne Ethen, Library James Holland Angela Buckner, Park & Rec. Aaron Mayes Kameelah Alexander, OCS Tadonne Neal Tom Scanlon Joseph Shepard LeSean Tarkington James Thompson Angel Galvez-Youth Member Members Absent Guests Listed on last page Order of Business Call to Order Meeting was called to order Approval of Agenda Motion to approve the agenda Motion by Heflin/Mayes, carried 7:0. Approval of Minutes Motion to approve the minutes Motion by Holland/Barnes, carried 7:0. 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 No Items Staff Reports 3. Fire Report Deputy Fire Chief, S. Bevis, Station 10, In March there were 6 fires in District 1. The new recruit class begins on Monday, April 9th. Please change the batteries in your smoke detectors. (DAB Members Arrived)  District I Advisory Board Minutes April 2, 2018 Page 2 of 9 4. Police Report A. Villegas, Patrol East: person crimes are up, commercial crimes are down, shots fired calls have gone up, burglaries are up, drive-by’s are down, Uptown NA has had some burglaries. Please capture serial numbers of your property. If you see something, say something. C. Burnett, Patrol North: Support Law Enforcement Parade this Saturday, April 7th, 2018. Fairmount NA had a training with 10 block captains to be aware of their area. 5. Library Report Anne Ethen, Library: Teen volunteers are needed for the summer reading program and the Central Library will be closing soon. 6. Park & Recreation Report Angela Buckner, L. Woodard/Fairmount Director: Edgemoor’s Spring Break Camp for children ages 6 – 13, March 16, 19 – 23 had a total of 106 participants for an average of 18 children per day. Linwood’s Spring Konnection Camp averaged 25 daily registrants & generated $2,820. Tuesday, March 20th Woodard teamed up for the first time w/ the Sedgwick County Extension Office to host a Youth Lawn Mowing clinic for youth grades 4th thru 8th. McAdams Recreation Center’s League 42 Baseball teams officially began practices for (42) teams on Saturday, March 4, 2018. This is the 4th season. Recommended Action: Receive and File (DAB Member Arrived) New Business 7. 10th and 15th Street Bridges Gary Janzen, Engineering Department, presented this request. The 10th and 15th Street bridges span the drainage canal located under I-135. Both were constructed in 1925 as continuous cast-in-place concrete structures and have been assessed as being structurally deficient. Based on the 2017 biennial bridge inspections, the 15th Street bridge has a sufficiency rating of 41.40 (on a 100 point scale) and the 10th Street bridge has a sufficiency rating of 37.90, ranking them as the lowest rated structures in the City’s inventory of 284 bridges. The average traffic on 15th Street is 192 vehicles per day. The average traffic on 10th Street was 350 vehicles per day. The proposed improvements were presented to local residents and the District I Advisory Board (DAB) in 2013 with city staff proposing pedestrian bridges at both locations. Feedback from local residents and the DAB was to remove the 10 th street bridge and to use that cost savings to try and keep vehicular traffic at 15th Street. The 10th street bridge was closed at that time due to needed maintenance and has been closed since then. The 15th street bridge was closed for one month as a trial but has since remained open to vehicular traffic. Recommendation/Actions: Due to minimal traffic volumes at 15th Street and available access in close proximity, and to provide pedestrian connections at both locations, staff recommends replacement of the 10th and 15th Street bridges with pedestrian bridges. It is recommended that the District Advisory Board recommend approval of the proposed improvements presented by staff. Questions from DAB: Q: If the bridge was improved then maybe it would be used, what number is needed for vehicles to make it work? A: There is no way to test without building a new bridge, if the traffic count was 800 to 1000 the recommendation would stand the same. Q: Is the funding from the general budget? A: This project is recommended for the CIP. 2  District I Advisory Board Minutes April 2, 2018 Page 3 of 9 Q: Why do you think the funding will be approved this time around? A: We tried to find outside funding but could not, so we are back. Q: If it does not get funding what will happen? A: We will make it work or close it until funding comes in place. Comment: Main concern that something has to be done with the site and make it justifiable. Q: Have there been any savings since 2013? A: Saving by not spending money on 10th street. Savings because 15th street cannot be patched. Q: Was funding requested each year since 2013? A: Yes, through Kansas Department of Transportation. Q: If the pedestrian bridge was build, would it have other design aesthetics. A: There will be discussion with the Design Council and Park and Recreation Department. Q: Is there an option for a pedestrian bridge at 10th and vehicular bridge at 15th? A: Yes, it would take 2.15 million in construction only. Comment: The community needs to prove what they want with a petition. Questions/Comments from the Public: Comments: Notices were not passed out, why can the City find money to do what they want to do but not what the people want, the bridge should not have gotten to this point. Comments: You get rid of programs by underfunding, the road behind McAdams was removed by 15th Street. Fix the bridge now that the dirt road was paved. 17th street will be going on construction soon where will the traffic go? Recommendation that 15th Street stay open to vehicles. Comments: The neighborhood is ready for whatever is safe. Q: Is there a less expense way to keep the bridge? A: No, the 1.7 million is that cost. Comments: There is less access for activities like the Black Arts Festival. Comments: Previous DAB members asked for 10th street bridge to close and 15th street bridge to stay open. Q: How much money was spent to help other bridges? Money needs spent in that area of town to make it livable. A: Bridges are in bad shape and need rehabilitation. All bridges are inspected in Wichita. Comments: Nobody has spoken about the Senators and the federal government infrastructure meetings. Q: What are you expecting the pedestrian traffic to be if it is put in? A: We do not have pedestrian counts but wanted to have a connection that would give the biggest bang for your buck. Action Taken: Heflin/Thompson made a motion to recommend that City Council approve the recommendation. Motion failed 4:7 Discussion: Will the bridge just hang there without a vote? Q: Estimated time frame for 15th street? 3  District I Advisory Board Minutes April 2, 2018 Page 4 of 9 A: It is unknown. Action Taken/Substitute Motion: DeShazer/Neal made a motion to recommend that City Council approve a vehicular bridge at 15th Street. 5:5 Action Taken/3rd Motion: Shepard/Neal made a motion to recommend that City Council approve a pedestrian bridge at 10th and vehicular at 15th Street. 6:5 Comment: Wanting a bridge versus the usage of a bridge should be considered. Comment: This is an inconvenience for the neighbors nearby. 8. Fireworks Ordinance Options Chief Bevis, Wichita Fire Department, presented this information. Staff will present options A and B for the proposed fireworks ordinance. Plan A: Limited full power fireworks with “designated shoot areas”, and additional modifications and Plan B: Continue with currently allowed fireworks with increased enforcement and additional modifications. Comments from Bevis:  Language changed about authorized shooting areas  Conversation has taking place about private shooting areas Questions/Comment from DAB: Q: Has more enforcement been a concern? A: Yes, it have been hard to enforce the current ordinance. Q: Would mortars now be approved? A: Yes, 1 ¾ quarter mortars with Option A. Q: Are there any exemption for this permit? A: No, the wholesaler sets up the cost and then organizations work the tents. Q: Can tent sizes be increased? A: The tent has to be so far away from the road due to City codes/ordinance. Q: What is the estimated problem with tent fees? A: 8 tents would be eliminated with Option A for one wholesale company. Q: Would you potentially locate the Option A fireworks tents near the authorized shooting area? A: There is no safe way to shoot the fireworks in the authorized shooting areas. Q: Most citizens will not go to the authorized sites, what is the plan for enforcement? A: Enforcement teams will be available with the ordinance change. Q: What about juveniles/youth being on other people’s property? A: The enforcer will have to use discretion. Q: Is this a fine or ticket? Could warrants be issued? A: It is a ticket with a fine that could turn into a warrant. Q: Why such a change in the option prices? A: It is due to cost of operating the authorized shooting areas. 4  District I Advisory Board Minutes April 2, 2018 Page 5 of 9 Q: How will the community know about the ordinance changes? A: Social media avenues, media, electronic signs, and the Wichita Eagle. Q: Is there any way to avoid the misdemeanor charge? A: No. Comment: Another City used private property for fireworks above 6-feet. Questions/Comments from the Public: Q: What is the reasoning for not allowing the fireworks over 6-feet? A: Safety and damage concerns. Q: Will the chosen option go into effect this year or next year? A: It could potentially go into effect this year. Q: Can there be a hybrid plan? A: This is the hybrid plan and there are other options. Comment: Not a good way to create an unenforceable ordinance. WFD Staff, George Yaghmour, and Jacob Marietta answered the questions. Action Taken: Mayes/Thompson made a motion to recommend that City Council approve Option B. Motion carried 10:1. 9. ZON2017-00058 and CUP2017-00056 SF-5 Single-Family Residential to LC Limited Commercial and amendment of University Garden CUP DP-8 Dave Yearout, Metropolitan Area Planning Department, presented this request. This application proposes to rezone the frontage along Oliver Avenue from SF-5 Single Family Residential (SF-5) to LC Limited Commercial (LC), which is what the balance of Parcel 8 is zoned, and amend the University Gardens Community Unit Plan (CUP) (DP-8) for Parcel 8 to accommodate the redevelopment of the parcel for a new multi-family housing on this portion of the CUP. The applicant has indicated the development will be targeted for student housing. The overall property size involved in these cases is 3.9 acres, with the rezoning covering approximately the western 1.75 acres of that area, which is approximately the east 190 feet of the property which abuts Oliver Avenue. This redevelopment will include the demolition of the existing structure on Parcel 8, which is the western portion of the strip center. The proposed language has been reviewed by staff with the applicant and the proposed new language is attached to the staff report. The proposed plan indicates the multi-family development will have approximately 26-units per floor, with the project to be a four-story building. The site plan shows an estimated 186 on-site parking spaces. Access will primarily be from Oliver Avenue, with access available across other lots from 21st Street as well. The proposed height restriction would allow a structure up to six floors and/or 70 feet in height, as recommended by the MAPC. There is expanded landscaping required along Oliver Avenue as part of this amendment. The parcel is subject to a replatting, which is being processed simultaneously with this application. RECOMMENDATION: It is recommended that the City Council; 1) adopt the findings of the MAPC and approve the requested zone change, place the ordinance on first reading, authorize the necessary signatures, and instruct the City Clerk to publish the ordinance after approval on second reading (requires four of seven votes); or, 2) override the recommendation of the MAPC (requires four of seven votes) and adopt the recommendation of DAB I to approve the rezoning to LC Limited Commercial and the amendment to the University Gardens Community Unit Plan (DP-8), subject to staff’s 5  District I Advisory Board Minutes April 2, 2018 Page 6 of 9 recommendations, and subject to the clarification regarding the restriction on the height of the permitted multi-family structures; or 3) deny the request to rezone the property (requires four of seven votes). Questions from DAB: Q: Is this going back to City Council for 6-story? A: Yes, there were not enough votes and there was not sufficient information of why the lower number. 70-foot/6-stories is not out of character for the area. Q: How many units is 4-stories for? A: 26-units Q: Will the developer be working in partnership with WSU? A: No Q: Is there any required work for the parking lot? A: The entire site will be addressed. Agent comments:  The height was the question and we requested 6-floors but hope it will be 4-floors  The engineering work could require 4 ½ or more stories but the intention is 4-stories  This is a 26-million dollar project with jobs and staff living on site Q: Is there any data for the market to fill the new project? A: It is up to the developers to what degree to fill the rooms. Q: Is there an option of building below grade? A: There is a concern of drainage and ADA accessibility. Q: What is the difference between the height of other buildings? A: The current language of the apartments near by does allow up to 7-stories. Q: Are there any plans for partnership with commercial groups? A: Not at this time. Comment: The tallest building is Fairmount Towers, and it is uncomfortable to imagine 6-stories. Comment: Housing is typically built before the entertainment. Comment: It is not comfortable to hear the comment of all or nothing with 6-stories. Questions/Comments from the Public: Comment: The concern is that the DAB heard a request of 4-stories and the City Council Members heard 6-stories or nothing. The parking option was also presented differently at the DAB and City Council meeting. Comment: The concern is the site-plan review, we should let the applicant proceed. Comment: If we do nothing now, we will have nothing. It is hard to tie people’s hands behind their backs. Comment: WSU has helped open the door to development, the management change is a concern, you do not have to jump at everything that comes first, something should employee more than 5 people 6  District I Advisory Board Minutes April 2, 2018 Page 7 of 9 Comment: It does not make much difference to have a 6-story building. We are only discussing about how tall a building might be. MAPC Staff, Agent-Ed Watson, and Agent, Brian Lindebak answered questions. Action Taken: Barnes/Mayes made a motion to recommend that City Council approve the request of up to 6-stories. Motion carried 10:1 10. ZON2018-00011 SF-5 Single Family Residential to GC General Commercial Dave Yearout, Metropolitan Area Planning Department, presented this request. The application proposes to rezone the 1.56-acre lot at the northwest corner of 21st Street North and Oliver Avenue from SF-5 Single Family Residential (SF- 5) to GC General Commercial (GC). The subject property was reduced in size from the original platting because of additional right-of-way taken for the reconstruction of the intersection of 21st Street and Oliver Avenue. The intent is to accommodate commercial development of the property. The applicant has provided a proposed site plan, which is not required, showing an L-shaped building with parking on the southeast portion of the property. Access will be from both 21st Street and Oliver Avenue by way of drives that are “right-in/right-out” only. This complies with the requirements from City Engineering based on the improvements to both 21st Street and Oliver Avenue. RECOMMENDATION: Based upon the information available at the time the staff report was prepared it is recommended that the request for GC General Commercial zoning be DENIED and a rezoning of LC Limited Commercial be recommended for APPROVAL subject to the establishment of a Protective Overlay. Update from MAPD Staff:  Petitions must be filed by end of Thursday, April 5, 2018 representing at least 20% of the area surrounding the property Comments from Agents  The drive ways are only right turns in and right turns out access  A gate is offered for the residents to have privacy this would be paid by the applicant but it is not enforceable  A nice entry feature with stone and brick is planned  Storm water retention will be required along with water quality  Split vote for MAPC included those who did and did not support Neighborhood Retail versus General Commercial  If this request does not end/settle, it could go to court Questions from DAB: Q: Is the applicant prepared to support the HOA maintenance dues? A: The original HOA covenant did not include lot #11 Crestview Lakes. Q: What kind of business is the applicant interested in? A: Small retail, potential restaurant, sandwich shop. Q: If this plan is approved, what could happen next? A: There could be a domino effect for development. Q: What does the community think about the gate? A: The residents thought it was helpful to protect the private area. Questions/Comments from the Public: Q: Curious to why the City is not putting these developments on hold? A: The process mentioned is to address Urban Infill in the City of Wichita. This case is not about Urban Infill. 7  District I Advisory Board Minutes April 2, 2018 Page 8 of 9 Q: Does the homeowner association mean anything? That effects everyone and breaks up the community Comment: It seems like Willow Lakes is excused from the conversation. Concern of safety and water problems. Not in favor of the request. Comment: Concern that there were not plans to change the area and now there are. The 21st Business plan said residents should remain residents and business should be looked at as so. Comment: The gate location makes since, concern of water going downstream that is not being addressed Comment: Immediate west of property, appreciate the masonry wall, leery of the development, concern of property owner upkeep, not wanting gateway to WSU, it is a unique part of town that they would like preserved. Two cars do not fit with the proposed gateway entry, what about UPS and trash trucks Comment: The problem of Chisolm Trail Creek and flow of water. I support this project. Comment: The deed says that they own 1/16 of the common area, the MAPC only voted 6:5, opposed to more drainage problems, the has invested already to support sewer and streets. Can we let WSU anchor in and be successful before other development is approved, we have so much need for re-development nearby. There is no way to hold the applicant accountable, can the wall be 10-foot. The current building blocks views, there is an area for criminal activities, the potential developers is too uncertain. The HOA asked to purchase the property. No windows should be facing the home or over 10 feet, limit hours for no service from 10pm to 6 am and trash should not be behind the wall Q: Does the current property owner pay/owe dues? A: Yes, there is a current bill.  The current covenant with County records shows that #11 and #13 have been omitted from the covenant.  As the President of the HOA, it is understood that #11 owns 1/16 part of the common area. Check with the Deeds of Registry Comment: The owner is not interested in selling the property to the HOA and keep the corner residential. Q: In reference to the water problem has it been discussed? A: The City has not address the problem north of 21st. MAPC Staff and Agents Scott Servis and Jemmina Wanjau answered questions. Action Taken: Heflin/Thompson made a motion to recommend that City Council deny the request. Motion carried 11:0. 11. CON2017-00041 LC Limited Commercial to Conditional Use to allow Boat and Trailer sales and expand outdoor vehicle display (Located at the northwest corner of Ash and First Street, 2020 East 1st) Dave Yearout, Metropolitan Area Planning Department, presented this update. The applicant requests an amendment to CON2016-00009 to include boat and trailer sales and an expanded outdoor display area of vehicles and boats on property zoned LC Limited Commercial (LC). The property is developed with a one-story metal commercial building and hard surface parking area. UPDATED RECOMMENDATION: On March 8, 2018, the Metropolitan Area Planning Commission (MAPC) recommended approval of the request (11-0) per the staff report recommendations, with the addition of expanding the outdoor display area and allowing a solid metal panel fence to the conditions. The code does not permit metal panel fencing except in industrially zones areas. No members of the public spoke in opposition of the request at the public hearing. 8  District I Advisory Board Minutes April 2, 2018 Page 9 of 9 The District Advisory Board (DAB) I reviewed the application at their meeting of March 5, 2018, and recommended approval subject to the staff report by an 8-0 vote. The DAB did not consider the request to permit the expanded outdoor display area and the metal panel fencing. Recommended Action: Receive and file Board Agenda 12. Updates, Issues and Reports No Items. Recommended Action: Receive and file Adjournment Motion to adjourn Motion made by Scanlon/Mayes, carried 11:0. The next District I Advisory Board meeting will be held at 6:00 p.m., May 7, 2018, at Atwater Neighborhood Resource Center, 2755 E. 19th St. N. Guests 1. Jay Anglemyer 20. Janice Rich 2. Mike Armour 21. James Roseboro 3. James Barfield 22. Dan Rouser 4. Lonnie Barnes 23. Scott Servis and 5. Lisa Blume 24. Opal Smith 6. Gregory Cooper 25. Karl Svaty 7. Theola Cooper 26. Craig Tolson 8. Jozel Smith-Eckels 27. Helen Tolson 9. William Eckels 28. Christina Unrein 10. Steve Faulke 29. CE Wabun 11. Donald Hogg 30. Jemmina Wanjau 12. Nancy Jewel 31. Ed Watson 13. Ward Jewel 32. Janet Wilson 14. Scott Langenberg 33. Bill Wynne 15. Brian Lindelaok 34. George Yaghmour 16. Jacob Marietta 17. Byron Nielson 18. Kate Nielson 19. Janet Radig 9