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District 2 Advisory Board

Regular Meeting

Wichita, KS · February 8, 2021

AgendaMinutes

Minutes

District 2 Advisory Board Minutes Monday, February 08, 2021 • 6:30 p.m. Virtual meeting via Zoom Attendance Members Present Staff Present Chris Broadrick Officer C Burnett, Wichita Police Department Nancy Loosle Officer Manny Thompson, Wichita Police Faith Martin Department Sam Lindeman Mike Armour, Public Works & Utilities Dee Nighswonger Department Tim Johnson Savannah Ball, Wichita Public Library Tyler York Kathy Morgan, MABCD Nazir Jesri Philip Zevengerben, MABCD Steve Lebeda Cory Buchta, Community Services Council Member Becky Tuttle Representative, City Manager’s Office Members Absent Guests Tracee Adams Alicia Sanchez • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business Call to Order: The meeting was called to order by Becky Tuttle. Approval of February 08, 2021 Agenda: Motion PASSED 9-0-0 Approval of Minutes from January 11, 2021: Motion PASSED 5-0-3 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 2 • February 08, 2021 • Minutes • Page 1 Public Agenda 1. Scheduled Items None 2. Off-Agenda Items None Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 3. Updates, Issues, and Reports None • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports 4. Wichita Fire Department Report None 5. Wichita Police Department Report Officer C Burnett reported: Increase in car break-ins over past two weeks around North YMCA and South passed 29th into the residential area. Targeting women leaving things in their cars. If you see people trying door handles, that is a sign. They are looking for weapons left in vehicles, and also personal information they can steal. Community Policing in North Bureau picked up over 365 tires on Saturday to help MABCD. Be careful when warming up your vehicle in the morning. Did a special assignment targeting texting and driving. Officer Manny Thompson reported: Patrol East area burglaries and auto larcenies are up. Burglaries are mainly nonresidential – detached garages and storage facilities. Larceny to auto accessories, like catalytic conversers, handicap tags and placards, things of that nature. Catalytic converter thefts are occurring at apartment complexes. Trying to inform people of how to prevent it. Gadgets you can put on your car, park in well-lit area, park in a garage if possible. In order to combat these crimes, we’ve been doing a lot of hotel and motel interdiction. We have the flock system connected to FBI NCIC. As of last week, for last 3 months, we have recovered 1.3 DAB 2 • February 08, 2021 • Minutes • Page 2 million worth of stolen vehicles, tags and items, made 120 arrests, mostly drug arrests and warrants. Today got an email advising City Manager Q (DAB): On catalytic converters, what can we do to hold buyers accountable? A: Junk and salvage yards, detectives are investigating those as best they can. There are ways we can deter those salvage yards from accepting those. C (DAB): In our neighborhood we use Nextdoor. I would like to see police department on regular basis putting something on Nextdoor. A: I agree with you 100%. That’s a good idea. I didn’t really bring up the larceny auto, but I’m working those cases right now too. I bring that up because we want all things reported. Even if you think someone just took some change and its minor, we want you to call and report it. Q (DAB): You mentioned LPR, is that license place readers? A: Yes. 6. Wichita Park and Recreation Report None 7. Wichita Public Library Report Savannah Ball reported: All Wichita Public Library locations are operating with curbside and drive up window service only. This decision was made by Library staff due to the rising numbers of COVID-19 cases in Wichita. Customers are able to borrow materials from the Library by placing holds through the online catalog or by calling your branch location. Hold and transfer fees will be waived at this time. When materials are ready for pick up, customers will be notified. Public computing will not be available. Copy, print and fax service will be available at all locations through curbside and drive up window service. The Library’s digital collection is available 24/7 on OverDrive and Flipster. More information available at www.wichitalibrary.org/covid-19. For customers who use the email version of our mobile printing service, we’ve updated the email addresses. Please visit www.wichitalibrary.org/print and scroll down to “mobile printing” to see the updated email addresses. The Library has three ways to get books and movies while access to the collection is limited. With Personalized Reading and Viewing Lists, and Early Literacy Grab Bags, customers fill out a quick form with reading and/or viewing preferences, and Library staff curates a list of materials customers can borrow. Customers then can choose what they want, and we will place holds on the materials for customers to pick up at their preferred Library location. More information is available at www.wichitalibrary.org/recommendations. The Dr. Ronald W. Walters Branch Library has opened for curbside service. This new location at 4195 E. Harry St. is the new home of the Linwood Park Branch Library. The Library had outgrown the space at the Linwood Recreation Center. Its new home is twice the size and features many great amenities customers have grown accustomed to at the Advanced Learning Library. Virtual tours will soon be available online. 8. Public Works and Utilities Report Mike Armour reported: Projects Under Construction DAB 2 • February 08, 2021 • Minutes • Page 3  Kellogg and Greenwich Interchange o Scope  Improvements will construct 6-lane freeway with two-lane, one-way frontage roads o Current Activities  Freeway shoulder work in progress  Center barrier wall work in progress  KTA ramp work in progress  Traffic Impact o All traffic is on the main highway, two lanes in each direction at 40 mph; 60 mph could be in place by March o Greenwich is two lanes in each direction, left turns and both u-turns are open o EB K-96 to WB Kellogg is open o SB I-35 ramp to WB Kellogg open  Schedule o Construction began in September 2016 o Estimated completion is 4th Qtr 2021  Redbud Multi-use Path, K-96 to 159th Street o Scope  Improvements include construction of a 14’ multi-use path with concrete and rock surfaces for multiple users. New drainage structures and site amenities will be constructed. The project also includes sanitary sewer and water line improvements west of 127th Street. o Project complete  Boston Park Splash Pad Improvements o Scope  The project will convert the existing pool into a splash pad and construct additional amenities. o Current Activities  Landscaping work in progress. o Schedule  Construction began in August  Preliminary startup scheduled in late February  Walking Path Repairs o Scope  The project will repair walking paths in Eastview, Harrison, Boston, and West Cessna Parks. o Project is complete  Pavement Preservation o 2021 Program  Asphalt Overlay  Webb, 21st to 29th Street – 2nd/3rd Qtr  Harry, Webb to Greenwich – 2nd/3rd Qtr  Micro-surface DAB 2 • February 08, 2021 • Minutes • Page 4  Residential Streets o Pavement repairs – February o Micro-surface – 2nd/3rd Qtr  Crack Seal  Arterial Streets o Central, Rock to Webb – 3rd Qtr o Harry, Woodlawn to Longford (½ mile E. of Rock Road) – 3rd Qtr o Harry, Greenwich to 127th Street – 3rd Qtr o Harry, 143rd to ¼ mile W. of 159th – 3rd Qtr o Pawnee, Rock to Webb – 3rd Qtr  Residential Streets – 3rd Qtr  Preservative Seal  Arterial Streets o Rock Road, K-96 to 45th Street – 3rd Qtr o Webb Road, K-96 to 37th – 3rd Qtr o 29th Street, Rock Road to Webb – 3rd Qtr  Residential Streets – 3rd Qtr  Localized Repairs (isolated pavement issues)  Arterial Streets (N. 143rd Street) – 3rd Qtr Projects In Design  Pawnee, Webb to Greenwich o Improve to 3-lane urban section with sidewalk/multi-use path o DAB 2 approved project concept in September, 2018; Council approved same October, 2018 o Project includes federal funding 2021/22 o Construction 2021 Other  IKE Transportation Plan o North Junction  KDOT Cost-Share Funding ($35 million) will build Accelerated phase of Gold Project – northbound to westbound flyover and southbound to westbound ramp  Expected construction start spring 2021  Gold Project balance fully funded ($86 million), includes BUILD Grant for $21 million ($25 million request – KDOT has agreed to fund the $4 million balance)  Expected construction start fall 2022 o K-96, I-135 to Greenwich  Expand to 6-lane freeway and interchange improvements  Estimated total project cost is $225 million  Working with KDOT to establish projected timeline o Kellogg, 143rd Street East Interchange  Project was not included in first round of IKE  Staff, City of Andover and WAMPO had debriefing July 6, 2020 with KDOT  Staff met with KDOT and KTA October 26, 2020 to discuss specific project development for next IKE submittal; CM Tuttle, Alan King and Gary Janzen met with Senate President Masterson to discuss the project DAB 2 • February 08, 2021 • Minutes • Page 5 C (DAB): Looked at the 2021 OPPP and can’t find my streets in the plan. When will Lincoln be in that plan? A: I can check on that. I know we hired a consultant to do an analysis of city streets and put together a matrix of when streets get specific maintenance. I can check with field staff. Lincoln, Governor, Woodlawn. C: Kellogg to Harry on Woodlawn. Woodlawn to Rock Road on. We do have great roads, but I just want to know where Eastridge falls on it. C (DAB): Another street not too far away is Douglas East of Towneast. Eastborough to Rock Road. It’s not that long but it tears your car up. A: I familiar with that segment. I will check on that and put it on our radar as we look at the CIP. Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 9. Housing and Community Services FY2021-2022 Funding Plan Logan Bradshaw, Housing and Community Services Department, presented the Consolidated Plan for the 2019 through 2023 program years. Staff is soliciting comment regarding funding priorities for the fiscal year beginning July 1, 2021, and ending on June 30, 2022. HUD has not announced the City’s allocation amounts for the upcoming program year. Preliminary plans will be based on estimated funding at current levels and will be adjusted to reflect actual allocation amounts.  The City receives an annual allocation of funds from the U.S. Department of Housing and Urban Development (HUD).  Funded activities align to the City’s goal of creating a livable and sustainable community.  These funds are used to create strong, sustainable, inclusive communities and affordable housing.  Community Development Block Grant (CDBG) – used for a wide range of community development needs. The 2020-21 award amount is $2,933,865.  HOME Investment Partnerships (HOME) – used to create affordable housing for low-income households. The 2020-21 award amount is $1,535,187.  Emergency Solutions Grant (ESG) – used to address homelessness. The 2020-21 award amount is $246,609.  Five-year Consolidated Plan - identifies the community needs and spending priorities for CDBG, HOME, and ESG funds.  Program Year Action Plan - allocates estimated funding amounts for defined activities.  The Third Program Year Action Plan (2021-2022) - due to HUD on May 15, 2021, allocates funds for the period from July 1, 2021 through June 30, 2022.  Community Development Block Grant (CDBG-CV) o 1st Round Allocation: $1,725,897 o 2nd Round Allocation: $1,943,527  Emergency Solutions Grant (ESG-CV) o 1st Round Allocation: $850,376 o 2nd Round Allocation: $2,450,744 DAB 2 • February 08, 2021 • Minutes • Page 6  November 2020-February 2021 – Gathering of Public Input, Development of Annual Action Plan  January 2021 – Appointment of GRC, Issuance of Requests for Proposals (RFPs)  February 2021 – GRC reviews proposals and makes funding recommendations, Development of Preliminary Spending Plan  March-April 2021 – Opening & Closing of a 30-day comment period for Third-Year Annual Action Plan  May 2021 – City Council Reviews Final Spending Plan and Amounts  May 15, 2021 – Second-Year Annual Action Plan submitted to HUD  July 1, 2021 – Program Year begins CDBG  Meets national objectives (benefit low to moderate income; prevent slum or blight; address urgent community needs)  Used for eligible spending activity  Not less than 70% of spending must benefit low to moderate income persons Limit on Public Service category is $1,163,310  Funds can only be used based on a Memorandum of Understanding (MOU) with other City departments or RFP for contractual services with private vendors  Funds cannot be allocated to a specific provider or for an ineligible purpose Q (DAB): How was CARES money used? A: (Showed spreadsheet showing how funding was allocated.) Q (DAB): Is there money going to prevention and getting to the root causes of these things? A: Yes, we do provide funding for homeless prevention. Not more than 60% can go towards shelter services. They have kept the maximum for shelter services and allocated the remaining 40% to homeless prevention providers. Our emergency solutions grant is substantially smaller than our CDBG grant or even our home grant. That would be a really good topic of discussion for the GRC. Q (DAB): The categories for the way the funding is allocated out is set by your funder correct? So you have certain requirements for what you can and cannot fund, depending on the criteria that’s already been set, so the Grant Review Committee and the feedback that we provide has to be in context of those parameters correct? A: Yes, that’s correct. Q (DAB): You said it’s not more than 60%, it doesn’t say it has to be at least anything it just can’t be more than. A: That’s correct for shelter services. C (DAB): I like the way Nancy’s head is going because I am much more a fan of prevention versus intervention. Intervention is great, but if we can prevent I would prefer that we prevent versus intervene. I’m going back to how did we choose these services in the first place, because I’m looking through the presentation and background and it doesn’t say how we got to these services. I’m sure there was some kind of vetting. A: It’s based on what’s currently in our five year consolidated plan. Within in that five year planning period and the year and a half leading up to creating that plan, we do extensive community outreach, we consult with multiple community organizations to determine what the broad priorities and needs of the community are for that five year period. There are opportunities to change what those broad funding priorities are but that’s a more extensive process than just planning for your upcoming program here. C (DAB): One thing I heard is more homeless prevention. Another possibility is to say we want more allocated to blight mitigation. We might recommend increased attention to home repairs for folks who might need the financial support. DAB 2 • February 08, 2021 • Minutes • Page 7 C (DAB): Nancy says not just homeless prevention but more prevention services in general. Q (DAB): You mentioned the three organizations that deal with affordable housing. Are these organizations at capacity as far as building houses or if there were more funding available, they’ll be able to build more housing? A: That depends year to year. A lot of our community housing development organizations are experiencing significantly increased costs because it's getting more expensive to actually build a home just the material costs are going up. They have to be able to identify a family who is interested in buying a home and then help them secure the financing to do so, so that really does vary year to year. We make the lion’s share of our home program dollars available to those types of organizations that are interested in carrying out housing development activities. Q (DAB): Is there an RFP that goes out for specific types of vendors, so any vendor who would meet the qualifications could make an application to participate? A: Yes, that is correct. 10. CUP2020-00049 Kathy Morgan, Metropolitan Area Planning Department, presented an application on behalf of Simon Group, Dillard’s Properties (owner/applicant) / MKEC, Brian Lindebak (agent). The applicants are requesting a major amendment to Parcel 1 to allow expanded uses that are considered as “Nightclubs in the City”. The subject site is zoned LC Limited Commercial, and is located in the Kellogg Mall Community Unity Plan (CUP) DP-12, which is located at the northwest corner of the intersection of East Kellogg and South Rock Road. Q (DAB): What are the hours of operation? A: With COVID-19 they have had limited hours. When restrictions relax, they will expand their hours. A: Right now they are open until 11pm. They have a lot of facilities all over the U.S. They will be open until 2am. They have private security during those hours. They have restrictions for age limits as well. Q (DAB): Did you receive any protests at all? A: We received quite a few emails and phone calls from neighbors. The main concern is the issue of nightclub in the city. Neighbors did not want something like a Club Rodeo going in there. People didn’t want a new building built in the parking lot that would be a new nightclub. We had a good discussion at the Planning Commission meeting. After that meeting there is a 14-day period where people can submit a formal petition to the City Clerk’s office. At the close of business on February 4, we received no petition. Q (DAB): Joey did you meet with the neighbors? A: No we did not, but we did receive those emails. Originally we applied to amendment to the entire Parcel 1, so notification was given to neighbors all around, so we got a lot of feedback from the neighbors. There was a lot of concern there would be a nightclub in the parking lot surrounding the mall. We wouldn’t classify this as a nightclub, but due to the zoning, we have to classify as a nightclub. Q (DAB): I just want to clarify, they already have their liquor license and they can stay open until 2 anyway, they just want to add live entertainment in the form of karaoke? A: That’s right. There was some concern of the added traffic. But the rooms where they will have karaoke will not allow alcohol. Q (DAB): Has there been any discussion about adjusting the classification, because I think the Nightclub in the City is too encompassing? A (CM Tuttle): Yes, I have asked the Planning Director to have that conversation. Q (DAB): Seems like those rooms would be insulated pretty well. Joey can you comment? DAB 2 • February 08, 2021 • Minutes • Page 8 A: I really don’t think there will be any impact. The facility is really far away from any residential. I feel like there will be noise in the bowling alley and arcade, but there shouldn’t be much noise at all. C (DAB): My main gripe was that it covered the whole area that could have put in a night club if they wanted. To me it sounds a little strange still that adding karaoke in a room without alcohol is classified as a night club. I know Eastborough is very interested. I have heard there was some police activity. 2am sounds pretty late. I guess I’m an old timer. C: I don’t think we can look at the hours. C (DAB): I read all the letters. It seemed like people were concerned about traffic. I’m not sure karaoke is going to add anymore to traffic. I think the fear of the nightclub phrase is what generated all the kerfuffle. I think if that is explained, people won’t be upset. C (DAB): one of my real concerns early is that Towne East is in the center of residential areas. I look at Towne West. I hope Towne East stays merchandise retail. We liked Towne East the way it was. C (DAB): I see the concern with definitions here. If you live on Rock and you get a letter you’re thinking they are going to put in a 20,000 square foot bar that’s going to create a lot more than a technicality adding karaoke machines. I think it does show the need for definitions there. Q (DAB): Kathy can you expand on what else is allowed with the nightclub in the city? A: In this instance, it doesn’t allow them to do anything other than karaoke. In other places in the city, nightclubs receive more than 50% of their income from alcohol sales. They aren’t considered restaurants. For Round 1, their income doesn’t get much from food sales. Generally they have dancing, live music, and a much larger footprint. So parking requirements would have to be calibrated. We are trying to tighten up that language for nightclub in the city. C (Public) Stacy G. Moore, Mayor of City of Eastborough: For us it’s not a karaoke room. I’ve been to Round 1. I think there is room for Wichita to reclassify nightclub in the city. One concern is strategic concept of allowing something like that here. I think people around here spent a lot of money on houses. Our concern is about trends. Our police force is concerned about parking lot, not inside mall or Round 1. It allows for more opportunity. If it becomes a burden to our police force. A: The actual parking lot of the mall is the responsibility of Simon Mall. I’ve talked to Chief of Police many times about this case. Action Taken: Motion to APPROVE the application as presented made by Nazir Jesri. Seconded by Tyler York. MOTION PASSED 9-0-0 11. PUD2020-00013 Philip Zevenbergen, Metropolitan Area Planning Department, presented an application on behalf of Rocky Ford, LLC, Jay Russell (Owner/Applicant) Baughman Company P.A., Phil Meyer (Agent). The applicant is requesting a zone change for 172 lots from SF-5 Single Family Residential and TF-3 Two Family Residential to PUD Planned Unit Development in order to create the RF Addition Planned Unit Development (PUD #81). The purpose of this PUD is to permit accessory apartments by-right on each included lot in addition to permitting non-resident employees for home occupations. The site consists of the majority of the platted, undeveloped RF Addition which is generally located one-quarter mile east of South Rock Road and one-quarter mile south of East 31st Street South. C (DAB): I read the letters and it seemed their concerns were more than just trash. Trespassing and pumping of water. A: Those were related to construction issues, not if someone can build an ADU or have an additional employee. Houses will be built here whether we change the zoning or not. So we are working to take care of that. DAB 2 • February 08, 2021 • Minutes • Page 9 Q (DAB): Just to clarify, the subject of the PUD is to address the use of the property that is already going to be built. You said ADUs happen only 3-5 times a year across the entire city? A: Yes, it doesn’t happen often. And they are always zoned SF-5. C (DAB): It doesn’t preclude people from pursing it if they want it anyway if the zone change doesn’t happen. A: Correct, the owner could go through and do it on their own. By Russel owns all the lots right now so he can do them all at once. Q (DAB): When this first came through, was there any requirements for walls or anything? A: It was mixture of SF20, LC, and 2-fasmily around there. Residential zoning does not have to be screened from residential zoning. C (DAB): That’s just something I saw in the letters. Q (DAB): Is there a size limit on the ADU? Can it be as big as the house? A: It’s a percentage of the size of the house. It can’t be as big. Height wise it’s 60% of the height restriction on the underlying zoning. I believe the floor plan Mr. Russel will be applying I believe they are 600 sq. ft. There are also other setback line requirements in the underlying zoning. C (DAB): Accessory dwelling units are becoming more popular nationwide. Traditional SFR (single family residential) zoning precludes accessory dwelling units. Mr. Russell looks to be taking advantage of an increasing trend in land use planning. C (DAB): Agree. Q (DAB): The accessory dwelling unit and the non-resident employee, is that part of the same package or can that be separated out? A: They are separated out. You don’t have to have the accessory apartment in order to have the non- resident employee for the home occupation. Phil Meyer: Agent for applicant. Philip did a fantastic job of presenting this. I have been telling DABs and Planning Commission. ADU is not meant to be a rental. I don’t see an increase in the population in the subdivision from this. If you are going to have a college student live with you or a parent, they would live with you anyway. This just provides a separation of space. And this is a result of COVID. People are taking parents out of care facilities and college students are going to school remotely. I should have included in this. Jay is working on amending the covenants. It will say the accessory apartments cannot be rented out. And we are limiting the size to 600 sq.ft. The neighbor brought up several issues at MAPC. One of them is the drainage. When we had to construct the retention pond for the subdivision, we had to drain an existing pond. I think the water issue happened when we had to do that work. After the MAPC meeting, I talked to Jay about addressing the trash issue. He will be taking care of it. I don’t know about the trespassing issue. We will talk to the HOA to let their owners know the workers need to stay off their property. They have every right to call the police about that. C (Philip Zevenbergen): I need to correct my statement regarding when the protest period ended. It did end last Thursday February 4th. I apologize for the incorrect statement. We did not receive any protest petitions for this application. C (Cory Buchta): I received a phone call from a neighbor who was concerned these ADUs would be rentals. That was her primary concern. DAB 2 • February 08, 2021 • Minutes • Page 10 Q (DAB): Just to clarify, these are already single family lots. The person who was concerned the roads are already being constructed before a vote. That’s just misunderstanding right? A: Correct. The subdivision has already been platted. Regardless of what happens with this PUD, houses will be built. It will be a neighborhood regardless. C (DAB): As someone who works in social services, the option to provide for a loved one is great and giving them the opportunity and doing that work ahead of time. Action Taken: Motion to APPROVE the application as presented made by Sam Lindeman. Seconded by Steve Lebeda. MOTION PASSED 9-0-0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The meeting was adjourned at 8:58 p.m. The next District 2 Advisory Board meeting will be held at 6:30 p.m. on Monday, March 8, 2021. It will take place virtually via Zoom. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Respectfully submitted, Cory Buchta, Community Services Representative, District 2 DAB 2 • February 08, 2021 • Minutes • Page 11

Agenda

District 2 Advisory Board Agenda Monday, February 08, 2021 • 6:30 p.m. Virtual Meeting • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Virtual Meeting Access Information Due to safety concerns and recent orders related to the COVID-19 pandemic, the January DAB meeting will be held virtually. The public can join and participate in the meeting through the Zoom platform or view the meeting live on the District 2 Facebook page. Residents also have the option to submit comments to be read into record via email to cbuchta@wichita.gov no later than 5 p.m. on the day of the meeting. To join Zoom meeting on a computer, tablet, or smartphone:  Click on the link below and enter the meeting ID and passcode. o https://zoom.us/j/98129640773?pwd=ZFcybG1ScGFwWTFSTzJPR2VmeVhWZz09 o Meeting ID: 981 2964 0773 o Passcode: 190748 To join Zoom meeting via telephone (audio only):  Dial 1 (312) 626 - 6799 and enter access code 981 2964 0773.  If you plan to dial in by phone, be aware that you may incur charges depending on your phone plan. Please note:  Members of the public are asked to keep their device on mute until public comment is called for.  You do not need a Zoom account to join the meeting.  Zoom may prompt you to download their free app, but residents can also join the meeting through a web browser.  Click here for more detailed instructions on joining a Zoom meeting. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 2 • February 08, 2021 • Agenda • Page 1 Order of Business  Call to Order  Approval of Agenda for February 08, 2021  Approval of Minutes for January 11, 2021 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda 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 2 will report on specific concerns. 5. Community Police Report Community Police Officers for beat areas in District 2 will report on specific concerns. 6. Park & Recreation Department Report Park and Recreation Staff will provide updates for parks in District 2 and report on other activities taking place across the city. 7. Wichita Public Library Report Savannah Ball, Rockwell Branch Library, will report on events and programs at the Rockwell Branch Library. DAB 2 • February 08, 2021 • Agenda • Page 2 8. Public Works & Utilities Report Public Works and Utilities Staff will give an update on District 2 projects. Recommended Action: Receive and file all Staff Reports • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 9. Housing and Community Services FY 2021-2022 Funding; CDBG, HOME, ESG Logan Bradshaw, Housing and Community Services Department, will present the Consolidated Plan for the 2019 through 2023 program years. Staff is soliciting comment regarding funding priorities for the fiscal year beginning July 1, 2021, and ending on June 30, 2022. HUD has not announced the City’s allocation amounts for the upcoming program year. Preliminary plans will be based on estimated funding at current levels and will be adjusted to reflect actual allocation amounts. Recommended Action: Provide comment regarding community needs and funding priorities for the 2021-2022 Third Year Annual Action Plan. 10. CUP2020-00049 Kathy Morgan, Metropolitan Area Planning Department, will present an application on behalf of Simon Group, Dillard’s Properties (owner/applicant) / MKEC, Brian Lindebak (agent). The applicants are requesting a major amendment to Parcel 1 to allow expanded uses that are considered as “Nightclubs in the City”. The subject site is zoned LC Limited Commercial, and is located in the Kellogg Mall Community Unity Plan (CUP) DP-12, which is located at the northwest corner of the intersection of East Kellogg and South Rock Road. Recommended Action: Based upon the information available at the time the report was prepared, staff recommends the amendment to CUP DP-12 be APPROVED subject to the development guidelines of the amended CUP and the following conditions: A. APPROVE the Amendment to CUP DP-12, subject to the following conditions: 1. The amendment shall apply only to Parcel 1. 2. Nightclub in the City expanded uses shall apply only to those ancillary uses associated with the existing bowling alley use in the mall structure. 3. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 4. The applicant shall submit four revised copies of the CUP and one electronic copy of the revised CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. 11. PUD2020-00013 Philip Zevenbergen, Metropolitan Area Planning Department, will present an application on behalf of Rocky Ford, LLC, Jay Russell (Owner/Applicant) Baughman Company P.A., Phil Meyer (Agent). The applicant is requesting a zone change for 172 lots from SF-5 Single Family Residential and TF-3 Two Family Residential to PUD Planned Unit Development in order to create the RF Addition Planned Unit Development (PUD #81). The purpose of this PUD is to permit accessory apartments by-right on each included lot in addition to permitting non-resident employees for home occupations. The site consists of the majority of the platted, undeveloped RF Addition which is generally located one-quarter mile east of South Rock Road and one-quarter mile south of East 31st Street South. DAB 2 • February 08, 2021 • Agenda • Page 3 Recommended Action: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to provisions of the RF Addition PUD #81 subject to the following conditions: 1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #81 RF Addition Planned Unit Development) has special conditions for development on the property. 2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The next District 2 Advisory Board meeting will be held at 6:30 p.m. on Monday, March 08, 2021. DAB 2 • February 08, 2021 • Agenda • Page 4 Agenda Item No. ___9_____ City of Wichita District Advisory Board Meeting, District II February 8, 2021 TO: Becky Tuttle, City Council Member District Advisory Board Members SUBJECT: FY2021-2022 Funding; CDBG, HOME, ESG INITIATED BY: Housing and Community Services Department AGENDA: New Business Recommendation: Provide comment regarding community needs and funding priorities for the 2021-22 Third Year Annual Action Plan. Background: The U.S. Department of Housing and Urban Development (HUD) considers the City of Wichita to be an entitlement city and as such, Wichita receives annual allocations of Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Solutions Grant (ESG) funds. In order to receive these funds the City is required to prepare a Consolidated Plan every five years. In addition, the City is required to submit an Annual Action Plan which addresses the priorities identified in the Consolidated Plan. Analysis: The City submitted a Consolidated Plan for the 2019 through 2023 program years, and staff is soliciting comment regarding funding priorities for the fiscal year beginning July 1, 2021, and ending on June 30, 2022. HUD has not announced the City’s allocation amounts for the upcoming program year. Preliminary plans will be based on estimated funding at current levels and will be adjusted to reflect actual allocation amounts. A presentation regarding programs funded during the last program year is attached. District Advisory Boards and the general public are being asked to provide comment regarding changes that should be made if the actual funding allocations are increased or reduced, and to provide comment regarding urgent needs that may not be addressed under the current funding plan. Public comments will be used by staff to finalize the annual plan after HUD has provided final funding amounts. Financial Considerations: The 2021-22 funding is proposed at current levels for discussion purposes: CDBG: $2,933,865; HOME: $1,535,187; ESG: $246,609. There is no impact on the General Fund. Legal Considerations: The comments provided by DAB members, citizens, and various community groups will be used to identify community needs and develop the City’s annual spending plan when actual allocation amounts are determined, as required by HUD for CDBG, HOME and ESG funds. Recommendations/Actions: It is recommended that the District Advisory Board provide comment regarding community needs and funding priorities for the 2021-22 Third Year Annual Action Plan. Attachment: Presentation. 1 AGENDA ITEM NO. _____ STAFF REPORT MAPC January 21, 2020 DAB II February 8, 2020 CASE NUMBER: CUP2020-00049 APPLICANT/AGENT: Simon Group, Dillard’s Properties (owner/applicant) / MKEC, Brian Lindebak (agent) REQUEST: Major Amendment #15 to CUP DP-12 CURRENT ZONING: LC Limited Commercial SITE SIZE: 76.04 acres LOCATION: Northwest corner of East Kellogg Drive and South Rock Road PROPOSED USE: Allow expanded uses that are considered Nightclubs in the City CUP2020-49 Metropolitan Area Planning Commission Page 1 BACKGROUND: The subject site is located in the Kellogg Mall Community Unity Plan (CUP) DP-12, which is located at the northwest corner of the intersection of East Kellogg and South Rock Road. The applicants are requesting a major amendment to Parcel 1 to allow expanded uses that are considered as “Nightclubs in the City”. The subject site is zoned LC Limited Commercial. Parcel 1 is indicated on the attached zoning map and is outlined in turquoise. CUP DP-12 has 11 parcels and no Reserves, with a total acreage of 125 + acres, all zoned LC Limited Commercial. Parcel 1 is developed with the Towne East Mall and former Sears Automotive building (now vacant). The remainder of the parcel is required surface parking area (approximately 76.04 acres). The parcel is bounded by East Douglas Avenue with a mature landscape buffer on the north; South Rock Road on the east; East Kellogg on the south; and South Towne East Mall Drive with a scattered landscape buffer on the west. The properties at the intersection of East Douglas Avenue and South Rock Road are zoned LC and developed as commercial and multi-residential; the properties at the intersection of East Kellogg Drive and South Rock Road are zoned LC. Directly east of the subject property is the Bonnie Brae Addition, zoned SF-5 Single-Family Residential and developed with single-family dwelling units. Property south of the subject site is approximately 300 feet of right-of-way for East Kellogg Drive and U.S Highway 54. Properties west of the subject site are zoned LC and are part of DP-12. To the west - beyond the LC zoned properties (approximately 0.1 miles) are single family and multi-family residences in the City of Eastborough. Properties northwest of the site are zoned MF-29 Multi-family residential and are developed with patio homes. Directly north of the subject site is the Rockwood subdivision, zoned SF-5 and developed with single-family residences. The applicant is requesting the following major amendments to CUP DP-12 indicated by bold font: Parcel 1: Total Net Area: 76.04 acres or 3,313,342 Sq. Ft. Maximum Land Covered by Building: 30% Uses Permitted under L.C. zoning: Regional shopping center, offices, restaurants, theaters, bowling alley, etc. per LC zoning ordinances. See general note #6. The following additional uses are permitted by right within Parcel 1: event centers in the city, including those considered nightclubs in the city, where the sale of alcohol and the provision of entertainment are accessory uses. Said ancillary uses are conditioned on the following: 1) Ancillary uses are limited to the existing “Entertainment Event Venue” (arcade, bowling alley, billiards, karaoke, etc.) being located as generally depicted hereon; 2) parking for said ancillary uses is allowed by right within Parcel 1; 3) Recreation and outdoor entertainment is not permitted (Amendment CUP2020-00049 dated Jan. 21, 2021)……… Gross floor area: 1,159,320 (35%) Sq. Ft. G.L.A. Parcel 2: Total Net Area: 0.9 acres or 40,893 Sq. Ft. Gross floor area: 16,357 (40%) Sq. Ft. G.L.A. Parcel 13: Gross Area: 1.25 acres or 54,450 Sq. Ft. Maximum Land Covered by Building: 30% (16,335 Sq. Ft.) CUP2020-49 Metropolitan Area Planning Commission Page 2 CASE HISTORY: The original DP-12 was approved by MAPC on July 13, 1972 and the Board of County Commissioners on August 8, 1972. Amendment #14 was approved September 8, 2011. ADJACENT ZONING AND LAND USE: North: MF-29, SF-5, LC Residential South: LC Vehicle dealerships, right-of-way West: LC General Retail, Offices East: LC, SF-5 Convenience Store, Strip Center, Single-Family dwellings PUBLIC SERVICES: All municipal services are in place and can accommodate the required services to the site. The site has access to East Douglas Avenue (90 ft. Right-of-Way), a four-lane, paved arterial street with travel in both directions; South Rock Road (145 ft. Right-of-Way), a five-lane, paved arterial street with travel in both directions; East Kellogg Drive (90 ft. Right-of-Way), a three-lane frontage road with travel in one direction; and South Towne East Mall Drive (145 ft. Right-of-Way, a three-lane, paved local collector street. CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the “Established Central Area. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “Residential and Employment,” encompassing areas that will likely be developed or redeveloped by 2035 with uses of a predominantly of a mixed nature. This area is immediately adjacent to a residential development area identified in the Community Investments Plan’s 2035 Wichita Future Growth Concept Map. The site is also located within the Wichita: Places for People Plan as an area of stability. RECOMMENDATION: Based upon the information available at the time the report was prepared, staff recommends the amendment to CUP DP-12 be APPROVED subject to the development guidelines of the amended CUP and the following conditions: A. APPROVE the Amendment to CUP DP-12, subject to the following conditions: 1. The amendment shall apply only to Parcel 1. 2. Nightclub in the City expanded uses shall apply only to those ancillary uses associated with the existing bowling alley use in the mall structure. 3. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 4. The applicant shall submit four revised copies of the CUP and one electronic copy of the revised CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The properties at the intersection of East Douglas Avenue and South Rock Road are zoned LC and developed as commercial and multi- residential; the properties at the intersection of East Kellogg Drive and South Rock Road are zoned LC. Directly east of the subject property is the Bonnie Brae Addition, zoned SF-5 Single-Family Residential and developed with single-family dwelling units. Property south of the subject site is approximately 300 feet of right-of-way for East Kellogg Drive and U.S Highway 54. Properties west of the subject site are zoned LC and are part of DP-12. To the west - beyond the LC zoned properties (approximately 0.1 miles) are single family and multi-family residences in the City of Eastborough. Properties northwest of the site are zoned MF-29 Multi-family residential and are developed with patio homes. Directly north of the subject site is the Rockwood subdivision, zoned SF-5 and developed with single-family residences. CUP2020-49 Metropolitan Area Planning Commission Page 3 2. The suitability of the subject property for the uses to which it has been restricted: The CUP is located at a major arterial intersection and is appropriately zoned “LC” Limited Commercial, except for uses for taverns and adult entertainment as defined by City Code. The major amendment request retains the LC uses requirement of the original CUP. The additional use at this site is suitable. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed CUP major amendment should not detrimentally impact nearby property owners to any greater extent than allowed in LC Limited Commercial zoning as permitted in the CUP DP-12 language. Residential development located east of the subject location is over 1,000 feet; north of the location is over 1,500 feet and west of the location is over 1,600 feet. 4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request represents a gain to the public in that it contributes to the area’s long term economic opportunity. Regional malls are having to adapt to existing retail trends and denial would presumably represent a loss in economic opportunity to the property owner or future tenants. Approval of this application is not anticipated to have a significant detrimental impact to public health, safety, or welfare. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: This project conforms to the adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the “Established Central Area. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “Residential and Employment,” encompassing areas that will likely be developed or redeveloped by 2035 with uses of a predominantly of a mixed nature. This area is immediately adjacent to a residential development area identified in the Community Investments Plan’s 2035 Wichita Future Growth Concept Map. The site is also located within the Wichita: Places for People Plan as an area of stability. 6. Impact of the proposed development on community facilities: Existing improvements are in place to address anticipated demands. CUP2020-49 Metropolitan Area Planning Commission Page 4 Existing Zoning CUP2020-49 Metropolitan Area Planning Commission Page 5 Site Plan CUP2020-49 Metropolitan Area Planning Commission Page 6 AGENDA ITEM NO. STAFF REPORT MAPC January 21, 2021 DAB II February 8, 2021 CASE NUMBER: PUD2020-00013 APPLICANT/AGENT: Rocky Ford, LLC, Jay Russell (Owner/Applicant) Baughman Company P.A., Phil Meyer (Agent) REQUEST: Rezone to Create RF Addition Planned Unit Development #81 CURRENT ZONING: SF-5 Single Family Residential; TF-3 Two Family Residential SITE SIZE: 70.07 acres LOCATION: Generally located within one-quarter mile east of South Rock Road and one-quarter mile south of East 31st Street South. (WCC II) PROPOSED USE: Residential use with accessory apartments and home occupations. PUD2020-00013 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting a zone change for 172 lots from SF-5 Single Family Residential and TF-3 Two Family Residential to PUD Planned Unit Development in order to create the RF Addition Planned Unit Development (PUD #81). The purpose of this PUD is to permit accessory apartments by-right on each included lot in addition to permitting non-resident employees for home occupations. The site consists of the majority of the platted, undeveloped RF Addition which is generally located one-quarter mile east of South Rock Road and one-quarter mile south of East 31st Street South. The Addition consists of 180 platted lots, but the PUD excludes 8 of the lots because those lots have already been sold to private owners. The excluded lots are shaded grey on the attached PUD drawing. The western extent of the addition encompasses 65 lots zoned TF-3. The eastern extent has the remaining 115 lots zoned SF-5. The Unified Zoning Code permits Accessory Apartments by Conditional Use for both the TF-3 and SF-5 zoned lots. However, lots currently zoned TF-3 could develop two dwelling in the form of a duplex on one platted lot. The lots currently zoned TF-3 would allow one non-resident employee for home occupations, but the lots currently zoned SF-5 do not allow any non-resident employees for home occupations. The applicant included the TF-3 lots so the entire subdivision would have a unified zoning classification except those lots excluded. As stated in the PUD text, if the accessory apartments are detached from the main dwelling, they shall follow all development standards for accessory structures as stated in the Unified Zoning Code (UZC) Section III-D.7.e. In addition, the accessory apartments shall follow the standards listed under General Provision 5, which mirror the supplemental use regulations in Section III-D.6.a. Said regulations are listed below: 1. A maximum of one Accessory Apartment may be allowed on the same lot as a Single-Family Dwelling Unit and may be within the main building, within an accessory building, or constructed as an accessory building. 2. The appearance of an Accessory Apartment shall be compatible with the main dwelling unit and with the character of the neighborhood. 3. Accessory Apartment shall remain accessory to and under the same ownership as the principal single-family dwelling unit, and the ownership shall not be divided or sold as a condominium. 4. The water and sewer service provided to the accessory structure shall not be provided as separate service from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services. The PUD text also include special provisions for home occupations. The types of home occupation that are permitted in SF-5 and TF-3 remain standard. However, the PUD text permits one non-resident employee per zoning lot for home occupations. As usual, home occupations can be conducted out the primary dwelling, and accessory structure, or accessory apartment. Properties surrounding this location are a mix of low density residential and undeveloped/agricultural land both within the city limits of Wichita and unincorporated Sedgwick County. Property to the north is zoned TF-3, SF-20 Single Family Residential, and LC Limited Commercial. The majority of this land is undeveloped/agricultural land. There is also large-lot, single family development. Property to the east is zoned SF-20 and is agricultural land. Property to the south is zoned SF-20 Single Family Residential and is undeveloped/agricultural land. Property to the west is zoned TF-3 and LC. The TF-3 properties are within the Rocky Ford 2nd Addition and duplexes are beginning to be built. The land immediately abutting Rock Road is zoned LC and is developed with duplexes as well. CASE HISTORY: In 2017, the western extent of the RF Addition all of the Rocky Ford 2nd Addition were rezoned to TF-3 Two Family Residential (ZON2017-00029). The RF Addition was recorded with the Register of Deed in May 2019. PUD2020-00013 Metropolitan Area Planning Commission Page 2 ADJACENT ZONING AND LAND USE: NORTH: TF-3, SF-20, & LC Undeveloped, Single Family, Agriculture SOUTH: SF-20 Agriculture EAST: SF-20 Agriculture WEST: TF-3 & LC Two Family Residential PUBLIC SERVICES: South Rock Road is a paved, four lane, arterial street with open ditches. The street network within the RF addition will be made up of paved, two-way local streets with sidewalks along collector streets. Municipal water and sewer are available on-site, but still need to be extended to the remainder of the lots within the addition as development occurs. CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for New Residential. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately found in the residential category. The residential category affords a range of options from single family residential to multi-family units of varying densities. RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to provisions of the RF Addition PUD #81 subject to the following conditions: 1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #81 RF Addition Planned Unit Development) has special conditions for development on the property. 2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties surrounding this location are a mix of low density residential and undeveloped/agricultural land both within the city limits of Wichita and unincorporated Sedgwick County. Property to the north is zoned TF-3, SF-20 Single Family Residential, and LC Limited Commercial. The majority of this land is undeveloped/agricultural land. There is also large-lot, single family development. Property to the east is zoned SF-20 and is agricultural land. Property to the south is zoned SF-20 Single Family Residential and is undeveloped/agricultural land. Property to the west is zoned TF-3 and LC. The TF-3 properties are within the Rocky Ford 2nd Addition and duplexes are beginning to be built. The land immediately abutting Rock Road is zoned LC and is developed with duplexes as well. It is the opinion of Planning staff that this zone change request is in line with the existing and planned future character of the neighborhood. 2. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned SF-5 and TF-3 which permits accessory apartments by conditional use as well as duplex development on the TF-3 zoned lots. Both zoning designations permit home occupations, but the SF-5 zoned lots are restricted to having no non-resident employees. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The intent of the PUD is to remove the barrier of requiring a conditional use in order to construct an accessory apartment. It is unlikely that all subject lots will construct accessory apartments. Currently, 65 of the lots would permit two dwellings per lot in the form of a duplex. In addition, the intent of the PUD is to provide less restrictions on home occupations without changing the types PUD2020-00013 Metropolitan Area Planning Commission Page 3 of home occupations allowed. Again, it is unlikely that each subject lot will conduct a home occupation. Therefore, governing text of the PUD should minimize any negative impacts on surrounding properties. 4. Length of time the property has been vacant as currently zoned: The property was previously agricultural land and is now beginning development of single family homes. 5. Relative gain to the public health, safety, and welfare, compared to the loss in value or the hardship imposed upon the applicant: The proposed changes should create no issues to the public health, safety or welfare with the governing language of the recommended PUD text. 6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for New Residential. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately found in the residential category. The residential category affords a range of options from single family residential to multi-family units of varying densities. 7. Impact of the proposed development on community facilities: There are no anticipated significant adverse impacts on community facilities. 8. Opposition or support of neighborhood residents: At the writing of this staff report, Planning staff has received multiple phone calls and a letter opposing this zone change application. Attachments: 1. Recommended PUD Text 2. PUD Drawing 3. Aerial Map 4. Zoning Map 5. Land use Map 6. Opposition Letter The General Provisions of the RF Addition PUD #81 PROJECT DESCRIPTION: The intent of this Planned Unit Development is to permit accessory apartments within an otherwise traditional residential development. The P.U.D. allows a certain level of flexibility with site development regulations which would otherwise not be permitted under the existing zoning. GENERAL PROVISIONS: 1. This development contains a gross area of 70.07 acres, more or less. 2. All lots shall be subject to the property development standards of the "SF-5" Single-Family Residential zoning district, unless otherwise indicated on the P.U.D. The special "SF-5" District regulations (Article III-B.5.e) may be permitted. The accessory use development and performance standards of Article III-D.7.e shall apply. 3. Signs shall be in accordance with the "SF-5" Single-Family Residential zoning district. 4. Uses in Parcel 1 shall be limited to those permitted by-right in the "SF-5" Single-Family Residential zoning district, with the addition of one accessory apartment per residential lot. Accessory PUD2020-00013 Metropolitan Area Planning Commission Page 4 Apartments shall be subject to the following standards: a) A maximum of one Accessory Apartment may be allowed on the same lot as a Single-Family Dwelling Unit and may be within the main building, within an accessory building, or constructed as an accessory building. b) The appearance of an Accessory Apartment shall be compatible with the main dwelling unit and with the character of the neighborhood. c) Accessory Apartment shall remain accessory to and under the same ownership as the principal single-family dwelling unit, and the ownership shall not be divided or sold as a condominium. d) The water and sewer service provided to the accessory structure shall not be provided as separate service from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services. 5. The home occupation standards of Article IV-E for the "SF-5" Single-Family Residential zoning district shall apply, with the following exceptions: a) A maximum of one non-resident employees may be permitted per zoning lot. b) A home occupation may be conducted within an accessory structure, garage or accessory apartment. 6. Amendments, adjustments or interpretations to this P.U.D. shall be done in accordance with the Unified Zoning Code. The property owner(s) of a platted lot(s) in a parcel may file to amend or adjust the P.U.D. general provisions as they relate to their lot(s) within the P.U.D. without the requirement that owners of other lots in the parcel join in the application. 7. The Transfer of title of all or any portion of land included within the Planned Unit Development (or any amendments thereto) does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon present owners, their successors and assigns. 8. The development of this property shall proceed in accordance with the development plan as recommended for approval by the Planning Commission and approved by the Governing Body, and any substantial deviation of the plan, as determined by the Zoning Administrator or the Director of Planning, shall constitute a violation of the building permit authorizing construction of the proposed development. 9. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 10. Prior to publishing the resolution establishing the zone change, the applicant(s) shall record a document with the Register of Deeds indicating this tract (referenced as P.U.D. #13) includes special conditions for development on this property. 11. All hatched Lots (See Drawing) are not owned by the applicant and are not subject to this PUD. Parcel 1 A. Net Area: 3,052,259 sq.ft.± or 70.07 acres ± B. Density: 2.61 DU/Acre C. Minimum Lot Area: Per Zoning Regulations D. Minimum Lot Width: Per Zoning Regulations E. Setbacks: Per Zoning Regulations, If Different, Per Recorded Plat F. Maximum building height: 35 feet G. Access Points: Per Recorded Plat H. Permitted Uses : See General Provisions #5 & #6. 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