District 2 Advisory Board

District II Advisory Board Minutes April 2, 2012 www.wichita.gov The District II Advisory Board meeting was held at 6:30 p.m. at Fire Station #20 located at 2255 S. Greenwich Road. CM Meitzner was in attendance, (7) board members, and (4) staff attended. Members Present Steve Harris Max Weddle Aaron Mayes Joe Yager Blaine Knott Nick Howell David Babich Staff Present Tom Roth Antione Sherfield- Neighborhood Assistant Brian Carduff Dale Miller – Planning Department April Leason Officer Dautrich – Wichita Police Department Alex Webb – Youth Member Captain Bickel -Wichita Fire Department Members Absent ORDER OF BUSINESS CALL TO ORDER The meeting was called to order at 6:30 p.m. Antione Sherfield welcomed everyone and explained how the DAB meeting is conducted. APPROVAL OF MINUTES AND AGENDA April Agenda approved (7-0) March Minutes approved (7-0) PUBLIC AGENDA 1. Off-Agenda Items No items submitted STAFF REPORT 2. Community Police Report Officer Dautrich provided information pertaining to current crime trends in  District II. Officer Dautrich stated that there were thirteen auto thefts and twenty one non- residential burglaries during the month of March in District II. Officer Dautrich also stated that WPD has received numerous calls in regard to increased traffic in the area of Central and Rock Road and 21st and Greenwich. The cause of the traffic is the openings of Cabela’s Sports and Chick-fil-A. Officer Dautrich stated that they will continue to monitor those intersections. Antione Sherfield thanked Officer Dautrich and the Police Department for the fine work they provide our community. Recommended Action: Receive and file 3. Community Fire Report Captain Bickel provided information pertaining to Fire Service calls in District II. Captain Bickel stated there was one structure fire in District II during the month of March. The structure fire was on South Longfellow and had over $10, 000.00 in damage. Antione Sherfield thanked Captain Bickel and the Fire Department for the fine work and service they provide our community. Recommended Action: Receive and file NEW BUSINESS 4. CUP2012-07 Dale Miller, Planning Department provided information in regard to potential amendment to Parcel 3, DP-200 Wilson Property N. E. Commercial Community Unit Plan to permit a “Nightclub in the City. Background: Hartmoor Italian, LLC, owns Parcel 3 of the Wilson Property N. E. Commercial Community Unit Plan (CUP), DP-200, located 380 feet south of East 21st Street North, west of North Webb Road. Parcel 3 is 1.37 acres in size, and is zoned LC Limited Commercial (“LC”), subject to the development standards detailed in DP-200, and is developed with a building that houses a private restaurant operated by Lakeside Private Club, LLC. Currently the development standards for a private restaurant in Parcel 3 are limited to some very specific requirements: alcohol service is limited to a restaurant that is open only to private membership (a Class B club); the dance floor is to have less than 450 square feet and the bandstand for live music or a DJ is limited to a maximum size of 32 square feet (CUP Administrative Adjustment 2011-00033, approved September 27, 2011). The applicant wants the restaurant, which will offer the service of alcohol and dancing, to operate as a “drinking establishment” and “caterer” that is regulated by an open to the public license rather than as a Class B private club that is not open to the public. The applicant’s are willing to maintain the area limitations on the dance floor and on the DJ or bandstand. Per the Wichita-Sedgwick County Unified Zoning Code (“UZC”) a “nightclub in the city” is an “entertainment establishment” located in the City that provides entertainment, which may include the provision of dancing by employees or patrons, and where cereal malt beverage or alcoholic liquor are offered, consumed or served to the public or its members, and which may or may not serve food. In general, any establishment offering the consumption of alcohol, live entertainment and/or dancing is defined as a “nightclub in the city.” As currently zoned, Parcel 3 is not permitted to have a “nightclub in the city.” The applicants are requesting an amendment to Parcel 3, DP-200 to add “nightclub in the city” to the list permitted uses allowed in Parcel 3. In addition to the private restaurant use described above, Parcel 3 currently permits: neighborhood shopping center including financial institutions, restaurants, retail stores, medical and dental clinics, clothing stores, offices, pharmacies, dry cleaning, laundry barber shops, beauty shops, tailors, studios, shoe shops, day care, fitness centers, and all other uses similar in character and intensity. If approved, this amendment would eliminate those public restrictions imposed by CUP Administrative Adjustment 2011-00033. Except for the private restaurant with alcohol service, dancing and live music, the other parcels located within DP-200 permit similar uses as Parcel 3; however, a few of the parcels are limited to general office and medical service uses only. Properties located to north of the application area are defined as Parcels 1, 2 and 4 of DP-200. Parcels 1 and 2 are zoned LC and are developed with a drug store and a bank. Parcel 1 permits the following uses: restaurants, retail shops, banks and financial institutions, offices, medical and dental offices or clinics, pharmacies, small animal clinics, and all other uses similar in character and intensity. Parcel 2 permits some of the same uses as Parcel 1 but also permits: laundry, barber and beauty shops, tailor, day care and fitness centers. Parcel 4 is zoned GO General Office (“GO”) and the parcel’s uses are limited to general office and medical services. Parcel 4 is developed with a medical office building. Land located to the west of the subject site is zoned GO, and is Reserve B. Reserve B uses are limited to: detention pond, drainage, open space, fountains, landscaping, gazebos, walks, utilities confined to easements, and pedestrian and street lighting. Reserve B is developed with a drainage detention pond and sidewalk. Land located south of the application area, across a private street, is zoned LC, and is designated as Parcels 12 and 12-A. Parcel 12 is developed with a bank. Parcel 12-A is vacant. Uses permitted on Parcels 12 and 12-A are similar to Parcel 2, described above. The property located to the east, across Webb Road, is zoned LC subject to DP-213, and is developed with a small shopping center containing restaurants, retail sales, convenience store and office uses. The UZC permits a “nightclub in the city” in the LC zoning district subject to Supplementary Use Regulation III-D.6.w. Section III-D.6.w states that a “night club in the city” requires a public hearing if the night club is proposed to be located within 300 feet (measured lot line to lot line) of a church, public park, school, or residential zoning district. In this instance, there are lots zoned SF-5 Single-family Residential (“SF-5”) located approximately 250 feet south of the application area (Legacy Park Wilson Estates Addition). The homes are located farther south of the vacant lot and bank (located south of the application area) noted earlier. The amendment that is the subject of this application constitutes the required public hearing for a “night club in the city.” In comparison to a “nightclub in the city,” a “tavern and drinking establishment” is an establishment engaged in the preparation and retail sale of alcoholic liquor or cereal malt beverage for consumption on the premises that derives in a six-month period less than fifty percent of its gross revenues from the sale of food and beverages for consumption on the premises. For the purposes of the UZC, the term “tavern and drinking establishment” shall include Class B Clubs (clubs open to members only). In general, a “tavern and drinking establishment” permits the service of alcohol but does not allow for dancing and/or live entertainment.  CASE HISTORY: The property is platted as Legacy Park Wilson Estates Addition, recorded June 27, 2000, and Legacy Park Wilson Estates Second Addition, recorded January 15, 2003. DP-200 was approved November 5, 1991, and has been adjusted and amended at least eight times. ADJACENT ZONING AND LAND USE: NORTH: LC and GO, subject to DP-200; drug store, bank, offices SOUTH: LC, subject to DP-200; bank, vacant EAST: LC, subject to DP-213; convenience store, restaurants, retail sales and WEST: GO, subject to DP-200; detention pond DAB Questions/Concerns What are the hours of operation? What type of audience is targeted? Will there be adequate security? Will music be played outside? Can music be played under current licensing? Potential parking issues. Recommended Action: The DAB voted (5-1) with (1) member abstaining for approval. 5. ZON2012-08 Derrick Slocum, Planning Department provided information in regard to potential zone change from SF-5 Single-Family Residential to TF-1 Two-family Residential (“TF-3) located northwest of the intersection of East Central Avenue and North 159th Street East. BACKGROUND: The applicant requests a zone change from SF-5 Single-family Residential (“SF-5”) to TF-3 Two-family Residential (“TF-3”) on 0.63 acres consisting of Lots 1, 2, 3 and 4, Block 2, Terradyne West 3rd Addition to Wichita, Sedgwick County, Kansas. The subject site is located west of 159th Street East and north of Sharon Lane, 1/3 mile north of Central Avenue. The applicant proposes to develop the property with single-family and / or duplexes. The property has been zoned SF-5 since 2006 but has remained vacant. The applicant is of the opinion that rezoning the property would increase the marketability of the lots without harming the owners of the few lots that have already sold. Property north of the site is zoned MF-18 Multi-family Residential (“MF-18”), and is currently undeveloped. South of the site is property zoned SF-5, and is currently developed with a single-family residence. Property to the west of the site is also zoned SF-5, and is developed with a golf course/country club use. Property to the east of the  site, across North 159th Street East, is in Butler County, and is developed as a golf course/country club. CASE HISTORY: The site is Lots 1, 2, 3 and 4, Block 2, Terradyne West 3rd Addition to Wichita, Sedgwick County, Kansas, which was recorded with the Register of Deeds July 6, 2010. Lot 35, Block 2, through Lot 47, Block 2, and Lot 34, Block 2, except the South 42.79 feet thereof, all in Terradyne West now Lots 5, 6 and 7, Block 2 and Lot 1 Block 3 of the Terradyne West 3rd Addition was rezoned from SF-5 to MF-18 February 2010 (ZON2009-00039). The site is located outside of the floodplain and was annexed into the City of Wichita in October of 2006. ADJACENT ZONING AND LAND USE: NORTH: MF-18 Vacant Residential SOUTH: SF-5 Single-family Residences EAST: Butler County Country Club/Residences WEST: SF-5 Golf Course Recommended Action: The DAB voted (7-0) for approval of project. 6. Monthly REAP Update Joe Yager provided monthly R.E.A.P update. Mr. Yager advised the DAB that there is a newly hired KDOT Secretary. This will be a huge advantage for the Region. He also informed the DAB that City Manager Robert Layton will be providing an ASR update detailing the overall water project and plans moving forward. Lastly, he invited everyone to attend the REAP meeting which will be held at the Metroplex located at 29th and Oliver. Recommended Action: Receive and file 7. Updates, Issues, and Report With no further business, the meeting was adjourned at 8:30 p.m. The next DAB II Meeting will be May 7, 2012 Respectfully Submitted, Antione Sherfield, Neighborhood Assistant