District 2 Advisory Board
Regular MeetingWichita, KS · February 8, 2021
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
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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
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DAB 2 • February 08, 2021 • Minutes • Page 1
Public Agenda
1. Scheduled Items
None
2. Off-Agenda Items
None
Action Taken: Received and filed.
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Board Agenda
3. Updates, Issues, and Reports
None
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.)
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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.
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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.
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Existing Zoning
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Site Plan
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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.
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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.
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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
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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
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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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