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District 2 Advisory Board

Regular Meeting

Wichita, KS · April 8, 2019

AgendaMinutes

Minutes

Page |1 District II Advisory Board Minutes April 08, 2019 www.wichita.gov The District II Advisory Board meeting was held at 6:30 p.m. at the Rockwell Branch Library, 5939 E 9th St N, Wichita, KS 67208. ATTENDANCE Members Present Staff Present Tracee Adams Battalion Chief Andy Cole, Wichita Fire David Babich Department Junetta Everett Officer Anthony Villegas, Wichita Police Nick Howell Department Sam Lindeman Savannah Ball, Wichita Public Library Dee Nighswonger Dave Yearout, Principal Planner, MAPD Nazir Jesri Cory Buchta, Community Services Mike Heldstab Representative Joe Goetz Alicia Sanchez Guests Council Member Becky Tuttle Tim Johnson Charles Sexson Members Absent Rich Wood Keith Lane Michael Capps Junetta Everett Gaylan Nett Ryan Nett Will Clevenger Kirk Miller Donald Butt ORDER OF BUSINESS Call to Order: The meeting was called to order by Becky Tuttle Approval of April 08, 2019 Agenda: Motion PASSED 9-0-0 Approval of Minutes from March 18, 2019: Motion PASSED 6-0-3 DAB Members sworn in by City Clerk Karen Sublett PUBLIC AGENDA This portion of the agenda provides an opportunity for citizens to present issues that are not part of the regular agenda for the meeting. There is a five minute time limit for each speaker. 1. Scheduled Items None 2. Off-agenda Items None Recommended Action: Receive and file BOARD AGENDA 1 Page |2 3. Updates, Issues and Reports None STAFF REPORTS 4. Fire Department Report Battalion Chief Andy Cole reported:  Several fires in SE section of district apartment and houses. Unattended cooking – careless smoking.  Burn ban in effect in April  Academy 260 hours in training. Training for Hazmat as well 5. Community Police Report Officer Anthony Villegas reported:  March Stats – nothing too uncharacteristic  Burglaries, larcenies, theft from vehicles – it’s ok to call. We’d rather check it out and it be nothing than miss a chance to catch a bad guy.  60 larceny to auto in the month of March  1 drive-by in south end of district  Raised $3,700 from shave a cop  19 auto thefts – people leaving keys in cars, even in garages – still not safe Q (Public) Rich Wood – 1724 S Stoneybrook – Kellogg and Webb enforcement – saw people doing U turns when no U turn signal A – We had an officer there the other day – one officer wrote 27 tickets in 4 hours. We are doing special assignments there and on Rock Road. Sometimes it’s difficult. Patrol is trying to pick up the slack to take extra shifts. A (CM Tuttle) – The good news is we’re way far ahead of schedule on Kellogg construction. Q (DAB) – So we are going to be able to turn left there right? A – You will go under, so you’ll be able to turn left. It should be nice. 6. Park & Recreation Department Report  NONE 7. Wichita Public Library Report Savannah Ball, Branch Manager, reported:  Young artist exhibit on display now.  April 18 story time reception to celebrate those artists.  Story time sessions will end this week. Will resume first week of June.  Two sessions left in spring gardening. Both classes are currently full. . Action Taken: Motion made to receive and file all Staff Reports. Motion PASSED 9-0-0. NEW BUSINESS 8. Wichita Places for People Mary Hunt, Metropolitan Area Planning Department, presented on Wichita: Places for People, an amendment to the City and County Comprehensive Plan, called the Community Investments Plan. The 2 Page |3 Plan focuses on redevelopment in the Established Central Area of Wichita. The Plan provides for the movement of people, whether by car, foot, bike or transit that creates a connected and accessible community with strong neighborhoods that put people first. This is an action step from the comprehensive plan centering on downtown Wichita. This isn’t zoning, it is advanced planning, so it is much broader based. Transportation for everyone – put people first so you aren’t always dependent on an automobile. Take care of existing infrastructure. Take better care of what we have. Area at focus has 2/3 of Wichita jobs (2-3 mile radius). Land use, transportation, urban design. Small scale places – neighborhood hub – located at an intersection typically – couple of blocks. Folks can walk to these areas for all services. Street lights, transit services, park benches, green zones. Nodal development pattern. Medium Places (example – Delano) look is the same – just a little bigger – takes 5k people to support it. Large Places – fewer of them. Example – Old Town. 12-24 blocks – multiple anchors, institutions, and employment centers. Takes 10k people to support to support it. Includes green space, gathering space, transit, pedestrians, and bicycles. Came up with 6 different types of streets. Different types of sidewalks. Different types of open space. Different types of buildings. Different frontage types. Zoning Code- eliminate the density cap. Use building type standards. Appropriate limits on building scale. Residential – enable greater density areas. Commerce change required setbacks. Parking in the back and side – away from street. Walkable development standards as an option. Allow in specific locations. Investment – TIF, Tax Reductions, Tax Credits, etc. Establish a Land Bank – most communities have one, we do not. Q (DAB) – Government buildings, IRS moved out of core area – school district, state building – does this address where government should be? A – Not specifically. These things should apply. Q (Public) Tim Johnson – 3921 Jazmin, Willowbend – All about parallel zoning – how does that work? Restrictions in old zoning code? A – We know that’s going to be tough. C (Public) Tim Johnson – 3921 Jazmin, Willowbend – Land Bank – love that idea. Gives lots of options and flexibility, but there’s got to be a set of values of purpose from the get-go or it turns into a real swamp. Action Taken: Motion made by Dee Nighswonger to endorse the plan amendment as presented, seconded by Tracee Adams. Motion PASSED 9-0-0. 9. ZON2019-00008 and CON2019-00005 Dave Yearout, Metropolitan Area Planning Department, presented an application on behalf of Key Construction, Inc. (Owner/Applicant); Wichita Destinations Developers, Inc. (Contract Buyer); KE Miller Engineering – Kirk Miller (Agent). The applicant is requesting to amend Protective Overlay #74 applicable to the subject property and to obtain a Conditional Use Permit to operate an entertainment center in the city. 3 Page |4 The zoning request is for size and height. The conditional use is for the type of business. The proposed business is called Swings. The proposal is south of 29th Street and on the east side of Greenwich Road. Right now it’s a big open field. It’s right north of the K-96 commercial area. It’s east of the new Stryker soccer complex. What they are proposing to do is essentially along the Greenwich side. It’s a three-story building that will house facilities and an elevated driving range. Around the driving range is netting security fencing. They requested poles up to 170 feet in height to contain where people hit golf balls. Restrictions have a 55 foot height limit. They are asking for poles up to 170 feet – not everything, just poles. It sits in overlay zone around Jabara Airport. They received up to 150 feet. The Planning Commission authorized 170 feet provided the FAA signs off on it. They have already submitted for it with the FAA. If they get it, they’ll have to go to city council to get approval. It was a vote of 14-0 to approve from the planning commission. They are expanding the hours. Staff recommended being open until 11pm – they are asking for midnight. Go karts are just electric and not gas powered. Outdoor festival activities are restricted only to the west side of the building, not on the side that faces apartments toward the east. We’re in the protest period right now. If it goes to city council, it would be on May 7th. C (DAB) – It looks like it goes with the rest of what’s going on in the area. A – I think that’s why the investors want it to go there. Q (DAB) – Where will the netting be in relation to the apartments? A – Golfers will be hitting towards the apartment. C (DAB) – Thinking of sound – as long as the go-karts are electric, that’s more reassuring. A – We reached out to people who owned the apartment complex, they do not object at all. Q (CM Tuttle) – Was there any community protest at the planning meeting? A – No, none at all. Q (DAB) – Is there a retention pond there now? A – We are redoing the retention pond. Q (DAB) – What kind of outdoor events will take place? A – A number of things – maybe a band, birthday parties, family reunion gatherings. Q (DAB) – So it won’t be a carnival or anything? A – No. Q (DAB) – On the pole heights, you asked for 170 feet and the FAA said 150 feet? A (Agent) – We asked for 150 feet two years ago and they approved it. We have a design for 170 feet, so we’ll ask for that and go with that if they approve it. We still have a design for 150 feet also. Action Taken: Motion to APPROVE the application as recommended made by Nick Howell. Seconded by Nazir Jesri. MOTION PASSED 9-0-0 10. ZON2019-00007 Dave Yearout, Metropolitan Area Planning Department, presented an application on behalf of Great Plains United Methodist Church Development, Inc (Applicant)/ Gaylan and Ryan Nett (Agents) to rezone a portion of the subject property from SF-5 Single-Family Residential (SF-5) to TF-3 Two- Family Residential (TF-3). The subject property is located approximately one quarter mile north of East Pawnee Road on the east side of South Webb Road. With this request, the applicant would like to rezone the property to a TF-3 district and develop 29 lots for duplexes equating to 58 dwelling units (see attached site plan). The preliminary plan for the remainder of the lots is to construct single family homes. 4 Page |5 This is a vacant property. The land is owned by Great Plains United Methodist church. Taking a portion of it to two-family. Will need platted. Will need to extend some utilities in that area. Plat process is just beginning. Planning Commission approved this 14-0. Heard neighbor speak concerned about drainage. Issues with drainage on property. As plan goes forward, extensive drainage study will happen. Will have to be approved before plat gets approved. How will we know when plat goes forward – there is no individual notice, there will be a sign posted. But we got their contact info and told them they can be notified. Historically plats are not individually notified by other communities. It’s a popular plan for people to buy a duplex, then rent out the second half to pay the mortgage. It’s a trend changing other places. That’s why we see the TF3 zoning. Q (DAB) - Two cul-de-sacs that terminate and don’t connect – is that adequate for emergency and fire equipment? A – That design hasn’t been approved or even submitted yet. It is just a concept. Q (DAB) – When this is sold, will the dwellings be individual owners? A – We can’t know that. A - They’ll be privately owned, we don’t know if they’ll be owner occupied or rentals. Will Clevenger with Garver on behalf of applicant – real excited about project. Good spot for single family residential on NE side then zone change would be mainly adjacent to county building to SW and a little TF3 – there was a preliminary concept layout – was really early on, not required for zone change – will get tweaked small amount but gives you an idea. Will need a full drainage plan and utility infrastructure. Q (Public) – Donald But – 2022 S Webb suite 212 Maple Shade Town Homes – Gated and HOA – Unit looks over this property on South end of Development. Recognize this is zoned for development – issues with zoning. When purchased a year ago it was single family zoning, now being asked to accept something that wasn’t there. Question – zoning that is currently there – was that intact before or after Sedgwick county maintenance facility? A – It’s been zoned SF5 for years. I don’t know the full history. Q (Public) – Donald But – 2022 S Webb suite 212 Maple Shade Town Homes – Asking for increased density is my concern. What if they ask for single family remaining to increase zoning to 2 family in the future? A – They have recommended it and it will take an action by City Council to make it happen. We are in the protest period. Anyone that objects to the change has the right to fill out a protest petition. Available online or in our office. One page document you sign. Has to be filed with City Clerk by close of business on the 18th. ID of the case and needs to be signed by property owners. Need more than 20% of notification area to also file protest petitions. Q (DAB) – What are his next steps? A (Yearout) – To file a protest petition. A (CM Tuttle) – 20% of people who also received letters, would need to file protest petitions. A (Yearout) – We get phone calls all the time – people have the right to attend public hearings – but your most effective tool is to file a protest petition. Seeing protests filed on case carries more weight than just seeing objections on minutes. C (Public) – Donald But – 2022 S Webb suite 212 Maple Shade Town Homes – North property line – higher than the south end. Directly affects with drainage now. Advisory board and others have asked about rental vs ownership. Maple Shade voted to end any rentals within community. Phasing out any rentals there and would be all owner occupied. Would encourage the developers to enforce that as well. 5 Page |6 A – Not an attorney, but the city does not have authority to require that. Q (DAB) – Sure developer will end up doing drainage plan according to city requirements so they will not flood another property – but does gentleman have access to who else got a notice? A – Yes we do that all the time. Q (DAB) – I visited property – no signs for either. A – They went up two weeks before the hearing. They got removed after the hearing last Thursday. Notifications went out 1st part of March. Action Taken: Motion to APPROVE the application as recommended made by Mike Heldstab. Seconded by Nazir Jesri. MOTION PASSED 7-2-0 Meeting was adjourned at 7:46 p.m. The next DAB II meeting will be held at 6:30 p.m., Monday, May 13, 2019, at Rockwell Branch Library, 5939 E 9th St N, Wichita, KS 67208. 6

Agenda

District II Advisory Board Agenda www.wichita.gov Monday Rockwell Branch Library April 08, 2019 5939 E. 9th Street 6:30 p.m. Wichita, KS 67208 ORDER OF BUSINESS  Call to Order  Approval of Agenda for April 08, 2019  Approval of Minutes for March 18, 2019 2019 OATH OF OFFICE FOR DAB II MEMBERS  Conducted by Karen Sublett, City Clerk PUBLIC AGENDA This portion of the agenda provides an opportunity for citizens to present issues that are not part of the regular agenda for the meeting. There is a five minute time limit for each speaker unless extended by the Board. 1. Scheduled Items None 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. Recommended Action: Receive and file BOARD AGENDA 3. 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. STAFF REPORTS 4. Fire Department Report Fire Department Staff for fire stations in District II will report on specific concerns. 5. Community Police Report Community Police Officers for beat areas in District II will report on specific concerns. 6. Park & Recreation Department Report Park and Recreation Staff will provide updates for parks in District II and report on other activities taking place across the city. 7. Wichita Public Library Report Savannah Ball, Rockwell Branch Manager, will report on events and programs at the Rockwell Branch Library. Agenda 2 Recommended Action: Receive and file Staff Reports NEW BUSINESS 8. Wichita: Places for People Mary Hunt, Metropolitan Area Planning Department will present on Wichita: Places for People, an amendment to the City and County Comprehensive Plan, called the Community Investments Plan. The Plan focuses on redevelopment in the Established Central Area of Wichita. The Plan provides for the movement of people, whether by car, foot, bike or transit that creates a connected and accessible community with strong neighborhoods that put people first. Recommended Action: Endorse the Plan amendment as presented 9. ZON2019-00008 and CON2019-00005 Dave Yearout, Metropolitan Area Planning Department, will present an application on behalf of Key Construction, Inc. (Owner/Applicant); Wichita Destinations Developers, Inc. (Contract Buyer); KE Miller Engineering – Kirk Miller (Agent). The applicant is requesting to amend Protective Overlay #74 applicable to the subject property and to obtain a Conditional Use Permit to operate an entertainment center in the city. Recommended Action: Based upon the information available at the time the staff report was completed, staff recommends the request be APPROVED, to amend the Protective Overlay #74 so that it reads as follows: Protective Overlay # 74: 1. Uses: All uses permitted in the “LI” zoning district except that an auditorium or stadium; community assembly; correctional facility; correctional placement residence, limited or general; day care, limited or general; recycling collection station, private or public; recycling processing center; animal care, general; kennel, boarding/breeding/training; secondhand store; sexually oriented business in the city; asphalt or concrete plant, limited; and construction burn site, limited; will not be permitted. Should there be a need for more than 100,000 square feet of floor area of non-”IP” uses, a traffic study will then be completed. The maximum square footage of non-”IP” uses may be increased to 300,000 square feet by an adjustment. The City Traffic Engineer may require that additional traffic improvements be guaranteed to support this traffic volume. The total average daily traffic generated by the uses within this property shall not exceed 8,000 ADT. 2. The transfer of the title on all or any portion of the land included in the development does not constitute a termination of the plan or any portion thereof; but said plan shall run with the land for development and be binding upon the present land owners, their successors and assigns and their lessees unless amended. However, the Planning Director, with the concurrence of the Director of MABCD, may approve minor adjustments to the conditions in this overlay, consistent with the approved development plan, without filing a formal amendment. 3. Minimum setback requirements for all front setbacks will be 25 feet, rear-10 feet, interior side-15 feet, and street side yard-35 feet. 4. Outdoor storage and work areas shall not be located in front yard setback areas, and shall be screened from view of all internal and external streets and other ownership’s within and abutting the property. 5. Height: 55 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 150 feet, subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). Agenda 3 6. Signs: All signs along Greenwich, 29th Street North, and K-96 shall be limited to the standards for the “LI” district in the City of Wichita’s sign code. No signs with rotating or flashing lights shall be permitted, nor shall any portable signs or off-site signs be permitted. 7. No building permits shall be issued for any development without municipal water and sewer service. 8. Cross-lot circulation is to be provided for all lots developed for retail, commercial or office uses, through the approval of site plans by the Director of Planning. RECOMMENDATION: Based upon the information available at the time the staff report was prepared, it is recommended the application be APPROVED, subject to the following conditions: 1. Uses: The subject property shall be permitted to operate as follows: An indoor/outdoor family entertainment complex that is centered around a 60 bay, 3 – story golf driving range. The driving bays will feature the Top Tracer ball tracking technology and a number of interactive golf games, as well as TVs and a variety of high top and lounge seating. A full service restaurant will provide food and beverage, including alcohol, for the dining area as well as serve the hitting bays, banquet rooms, and outdoor seating areas. An arcade and gaming area will be adjacent to the restaurant, and will also host birthday parties and other family events. The property will also comprise a 36-hole miniature golf course and a go-cart facility. Outdoor seating will also be available near the main entry with a “yard area” featuring outdoor games, dining, and live music on occasion. A 2nd story roof terrace will also be available overlooking the yard area; provided, however, this use may be modified by an approved Administrative Adjustment to allow similar entertainment establishment uses. 2. Height: 55 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 150 feet, subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 3. The owner shall maintain all lighting of the site in compliance with the provisions of the UZC and property shield all lights to prevent bleeding the light onto all adjacent residential property. A lighting master plan shall be provided before any outdoor lighting is installed and said plan must be approved by MABCD and the Planning Director. 4. Outdoor uses, including all entertainment events featuring live music and the go-cart facility, shall cease operations by 10:00 p.m.; provided, said uses may operate until 11:00 p.m. on Friday and Saturday nights. All other operations, including the golf driving range, are permitted to operate until 11:00 p.m. 5. A revised, final Site Plan shall be submitted for approval by the Director of Planning prior to issuance of any permits for construction of any facilities on the subject property. 6. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area Building and Codes Department. 7. If the Zoning Administrator finds there is a violation of any provision or condition of the Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of the Planning Director, declare the Conditional Use null and void. Agenda 4 10. ZON2017-00007 Dave Yearout, MAPD, will present on an application on behalf of Great Plains United Methodist Church Development, Inc (Applicant)/ Gaylan and Ryan Nett (Agents) to rezone a portion of the subject property from SF-5 Single-Family Residential (SF-5) to TF-3 Two-Family Residential (TF-3). The subject property is located approximately one quarter mile north of East Pawnee Road on the east side of South Webb Road. With this request, the applicant would like to rezone the property to a TF-3 district and develop 29 lots for duplexes equating to 58 dwelling units (see attached site plan). The preliminary plan for the remainder of the lots is to construct single family homes. RECOMMENDATION: Based upon the information available at the time the staff report was prepared, it is recommended the application be APPROVED. Adjourn The next DAB II meeting will be held at 6:30 p.m., Monday, May 13, 2019, Rockwell Branch Library, 5939 E. 9th Street, Wichita, KS 67208.