District 2 Advisory Board
Regular MeetingWichita, KS · August 9, 2021
Minutes
District 2 Advisory Board Minutes
Monday, August 09, 2021 • 6:30 p.m.
Virtual meeting via Zoom
Attendance
Members Present Staff Present
Faith Martin Officer Richwine, Wichita Police Department
Tim Johnson Jose Ocadiz, Wichita Fire Department
Tracee Adams Mike Crosby, Wichita Fire Department
Tyler York Steve Degenhardt, Public Works & Utilities
Bruce Gass Savannah Ball, Wichita Public Library
Sam Lindeman Kathy Morgan, MAPD
Nancy Loosle Cory Buchta, Community Services
John Baker Representative, City Manager’s Office
Roman Rodriguez
Council Member Becky Tuttle Guests
On last page
Members Absent
Chris Broadrick
Alicia Sanchez
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Order of Business
Call to Order: The meeting was called to order by Becky Tuttle.
Approval of August 09, 2021 Agenda: Motion PASSED 9-0-0
Approval of Minutes from July 12, 2021: Motion PASSED 5-0-4
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Public Agenda
DAB 2 • August 09, 2021 • Minutes • Page 1
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
Mike Crosby Battalion Chief
Three reported fires in D2, 12600 block E Willowbend Circle morning of July 5. $150,000 structural fire.
Occupants able to get out. About 6am. Discarded smoking materials cause.
1900 block N Rock Road apartment fire on July 20. Apartment balcony faced Rock Road. Someone saw
and called it in early. $75,000. Discarded smoking materials.
3rd fire on East 11th. Accidental $10k damage.
Q (DAB): Last weekend several trucks at Chicken and Pickle. 4 or 5 trucks and ladder that went up.
A: We go to systems alarms a lot. Important, and even more important for people to monitor their
systems. People don’t know the cancellation codes.
Q (DAB): Can you talk a little about July 4th and calls for that?
A: Getting ready to share that.
Q (CM Tuttle): Tuttle August 24th you’re coming to Council workshop to share more?
A: Yes
Jose Ocadiz Battalion Chief of Community Risk Reduction Division:
June 27th through July 4th fireworks season. Gave out over 2,000 firework fliers with information in hot
spot areas. Throughout that time we issued 88 citations. Increase from last year on citations. Last year
we had 75. Increased those by 13. 911 complaint calls increase. 1,139 complaint calls. Even calls from
July 4, 911 received over 1999 emergency calls. 1600 in 2020. Responded to 8 structural fires between
DAB 2 • August 9, 2021 • Minutes • Page 2
June 27 and July 5th. Only 3 were related to fireworks. Injuries increased by 1. 47 injuries. Number 1
cause of injury was from sparklers, firecrackers and smoke bombs. No artillery or mortars. Complaint calls
increased. Will have a workshop for city council. 2 police officers with 1 firefighter going into hotspot
areas. 10 teams. 4 out west 4 out east and 2 roving teams. Able to write 88 citations.
C (DAB): Compliment – media said to call a different number other than 911 for non-emergency calls.
Heard that several times and it’s great to have.
A: That’s been in effect for about 4 or 5 years now. Dispatch created that number. And it’s not even just
for 4th of July, it’s also for big events that are happening throughout the city to leave that 911 operator
available for emergencies.
Q (DAB): 1139 was calls to non-emergency?
A: That was fireworks related calls this year.
Q (DAB): Was that part of the pitch to City Council? That was a complaint in our neighborhood is that line
was always busy.
A: That line is for Sedgwick county emergency communications.
A (CM Tuttle): Let’s talk more. I haven’t heard anyone say they haven’t gotten through.
Q DAB: Total staffing, what percent are you at now?
A: Allotted for, about 10-15 short. I don’t have that number with me. Allotted 405? Operations meaning
what’s at fire stations. Boots on the ground.
Q: You don’t have same problem like EMT at County.
A (CM Tuttle): You don’t have the number of vacancies.
A (Ocadiz): No. And we have a brand new recruit class.
DAB: And part of the agreement you have with other surrounding communities is to help with that right?
A: Yes, we have agreements with neighboring communities.
C (CM Tuttle): Shameless plug. Recently graduated from citizen fire academy. If you’re ever interested,
we’ll get you registered.
A: Always taking applications.
Q DAB: What time of year?
A: 2nd Tuesday of April until 1st week of June. 6-9pm usually.
C (Ocadiz): Recently put four brand new engines on track. Continuing to get state of the art equipment.
5. Wichita Police Department Report
Officer Richwine reported:
Things have been calm. Had chicken and pickle school supply drive. Ended up with about 4k raised for
school supplies for kids. Getting those purchased soon and will get those to the schools. WPD, from our
numbers. Looks like robberies are up from last month. Most have been placed into custody. Larcenies up
just a tad. So are burglaries. Current project Lt Hunt. Lights on program. Officers giving vouchers if
someone driving without headlight at night. Will get cited but will get a voucher. They can call several auto
part places and will have 14 days to get headlight taken care and fine will be taken care of. Have a
program going out for car seats. If parent can’t afford car seat, get with WPD and we will get them a car
seat.
Q (DAB): Thank you. I had to call in an abandoned car. Officer said he came out and take a look. How do
I know when that’s been done?
A: Ask for a phone call. Dispatch is supposed to ask if you would like a phone call.
C (DAB): If I did that and I haven’t gotten a call, should I assume it hasn’t been done.
A: CHECK VIDEO
DAB 2 • August 9, 2021 • Minutes • Page 3
Q (DAB): Should I call again?
A: You can. Is the vehicle still there? It’s in the HOA at 17 Chisolm Creek Drive. Eighbors say it’s been
there for months.
Q (DAB): Had some neighbors tell me their catalytic converters were stolen. They did not report them. Do
we have any movement besides stamping program?
A: on the 21st we will be out at several dealerships, starting a new program. Will be stamping catalytic
converters with a paint transfer that stamps VIN number from vehicle into the converters. They will load
them up to an app to where it can be registered. If converter is taken to scrap yard. If the stamp is ground
down, it will be treated like a serial number of a gun, will not be accepted.
Q (DAB): Where will be the best place to find that information?
A: Will send info out.
C (DAB): If you get a chance, you might tour Bonnie Bray. Trailers in the streets.
A: I’ll go out and look in the neighborhood.
C (CM Tuttle): I want to say I went to the school supply drive and it was great. I was able to drop off some
school supplies and hang out.
6. Wichita Park and Recreation Report
None
7. Wichita Public Library Report
Savannah Ball reported:
The Fall Gardening Series kicks off Thursday, August 5, 6 p.m. online via Zoom. Each Thursday
for five weeks, our friends with the K-State Research and Extension – Sedgwick County Master
Gardeners program will discuss different fall gardening topics to help you get your yard ready for
the spring. You can register for these virtual programs at wichitalibrary.org/gardening. Here are
the topics:
Turning Dirt Into Soil: The Miracle of Microbes (August 5)
Perennials: The Garden’s Foundation (August 12)
Landscape Design (August 19)
The Ultimate Guide to Fall Lawn Care (August 26)
Where’s the Watermelon? Seasonal, Local Eating in ICT (September 2)
Now is the time to start shopping for back-to-school supplies. A Wichita Public Library card is a
great item to add to your supply list. Your student’s library card gives them access to online
resources for school projects, e-books, digital magazines and so much more. You can learn more
about registering for a library card on our website, wichitalibrary.org, or by stopping by any library
location.
Q DAB: How long is that waiting list?
A: About 6months. You can have them for 2 weeks.
8. Wichita Public Works and Utilities Report
DAB 2 • August 9, 2021 • Minutes • Page 4
Steve Degenhardt reported:
Kellogg and Greenwich Interchange - Ramp openings anticipated before Labor Day. Estimated
completion of site restoration is November 2021
C (DAB): Love the lights.
o 2021 Pavement Preservation Program
Asphalt Overlay
Webb, 21st to 29th Street
o Pavement prep work – in progress
o Asphalt overlay – September
Harry, Webb to Greenwich
o Pavement prep work – in progress
o Asphalt overlay – September
Micro-surface
Residential Streets
o Pavement repairs – complete
o Micro-surface – September
Crack Seal
Arterial Streets
o Central, Rock to Webb – September
o Harry, Woodlawn to Longford (½ mile E. of Rock Road)
– September
o Harry, Greenwich to 127th Street – September
o Harry, 143rd to ¼ mile W. of 159th – September
o Pawnee, Rock to Webb – September
Residential Streets – resume in September
Preservative Seal – complete
Localized Repairs (isolated pavement issues)
Arterial Streets (N. 143rd Street) – September
Aquatics Master Plan
o Phase 3 (College Hill pool; Harrison and Planeview splash pads)
Improvements expected to be complete for 2022 season
o Bath houses being evaluated, plan to be developed in August for separate
project in 2022
Pawnee, Webb to Greenwich
o Improve to 3-lane urban section with sidewalk/multi-use path
o Construction to bid mid-September, start November
DAB 2 • August 9, 2021 • Minutes • Page 5
Q (DAB): Overpass Rock Road to Kellogg. Semi-trucks can’t seem to make that loop and
they’re tearing it up.
A: Looked at what can be done.
C (DAB): Bridge looks terrible for a pretty new bridge.
A: Rigs seem to be getting longer too.
Q (DAB): Looking at some other ways to improve that intersection?
A: Just looking at the turnaround.
DAB members shared issues observed with the intersection at Rock Road and Kellogg.
C (DAB): We live right off frontage road, Eastridge neighborhood. There’s a loop to get on and
loop to get off. People coming off highway and get on merge across all the lanes. Can’t get out
of residential ad onto frontage road and onto the highway unless you get on a Woodlawn.
Maybe some mistake proofing so when you’re getting off highway, you are led to the frontage
road. Or led to the highway. Very challenging on both sides.
C (DAB): Seems like city has tried to mitigate, but I’m not sure it has helped.
A: One of the top congested intersections in Wichita.
C (DAB): Need to do it passed 21st street too. Heading north, they race along there and cut in.
A: Armour has been an issue for quite some time. There were some challenges in that
construction.
C (CM Tuttle): I want to give a shout out for the preservation program.
A: Street maintenance division evaluates them yearly.
C (DAB): Are you over the pothole crew? Those guys are amazing.
Q (DAB): Is 254 and I-135 out of City limits? Still City?
A: North junction, yes it is. I was just going over D2. 2 phases going on there. Really underway
on a lot of the bridge foundation work on the gold project on the north junction. Hope to get 2nd
phase bid next year. Similar to west Kellogg and I235.
C (CM Tuttle): North junction top priority in state.
Action Taken: Received and filed.
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New Business
9. ZON2021-00037
DAB 2 • August 9, 2021 • Minutes • Page 6
Kathy Morgan, Metropolitan Area Planning Department, presented an application on behalf of Joseph
Daniel Cos., LLC (Owner); Adams Jones Law Firm, PA (Agent). The applicant requested a zone change
from SF-5 Single-Family Residential to LC Limited Commercial for a 0.85 acre parcel at 1759 South
Webb Road, which is generally located on the west side of South Webb Road and one-quarter mile south
of East Harry Street. The purpose of the request is to allow development with uses permitted in LC. The
property is currently developed with a single-family dwelling and accessory structures.
Staff determined growth pattern allowing Limited Commercial to take over the space is consistent with the
comprehensive plan. Area where
Q (DAB): What are the three plots above this area?
A: That’s limited commercial. A Family Dollar and an O’Reilly Auto Parts. They had to go through the
same process a couple of years ago.
Q (DAB): This will be a fast food restaurant of some kind?
A: I don’t know, they aren’t required to tell us when they request for the zone change. Based on what the
overlay is saying about the drive thru I would think so, but I don’t know for sure.
Q (DAB): What’s the frontage on this parcel?
A: It looks like it’s going to be 75 to 100 feet. The one narrow parcel is 25-35 feet. It was originally
residential.
Q (DAB): Will there be cross-lot access with the property to the north?
A: Traffic engineering will evaluate that at the time they do the platting. They want to keep the number of
active drives limited between this property and Harry. There’s not anything south of there.
Q (DAB): You say you don’t know what they are planning to put there. Why can’t you know? That would
be a real key factor. Residents should know.
A (CM Tuttle): When we are looking at these cases, we look at land and the zoning change, not which
business is going to go in there. We’re not responsible for deciding what’s going to go in there.
Q (DAB): I was thinking more about the neighbors there. Have they been informed?
A: They have received notice of a public hearing. They have received a letter. They are instructed to call
or email Philip Zevenbergen to find more information. Unless it’s a CUP, we generally don’t get into what
the specific uses might be.
A (CM Tuttle): They can go to the MAPC meeting on August 19, and any of the surrounding neighbors
can fill out a Protest petition. We are still doing Planning Commission virtually, but can come in person to
city council chambers.
Q (DAB): Can you clarify? You said buffer trees, but here it says just west line, not the south.
A: It’s both.
Q (DAB): What is solid screening and how tall?
A: Generally, it’s 6 feet. Usually wooden privacy fence.
C (DAB): Wood fences are just not good enough, I have concern with residents there. I think it’s a low
standard.
A: That is something this advisory board can make a recommendation on, that the screening should be a
6 foot masonry wall. Planning Commission hearing can make recommendations as well.
Q (DAB): What guarantee is there that landscaping and screening will be kept up?
A: Code enforcement. It does get checked. Normally they put landscaping in when they get structure
completed. Then it’s code enforcement.
Q (DAB): Same with screening if it’s wood and looks bad or concrete and looks bad?
A: Yes.
C (DAB): Any zoning classification has a list of what is allowed. By planning practice and state statute,
ordinance, and policy. We can only consider that entire category of uses when considering zoning and
whether it’s appropriate. We cannot consider specific uses.
A: That’s correct.
DAB 2 • August 9, 2021 • Minutes • Page 7
Q (DAB): This area is mainly limited commercial?
A: Yes. Doesn’t allow industrial uses. Certain uses only allowed by applying for conditional use. Those
types of things. Vehicle and equipment sales outdoors. That would be like a used car lot. We are very
hard on those. That has to go through a public hearing process. DAB would have to hear it. It would go to
Planning Commission. And it would go to City Council for approval or denial.
C (CM Tuttle): Look on page 3. There are 9 golden rules of planning, the Planning Department lets us
know which are satisfied by this.
C (DAB): I’m disinclined to rezone something away from residential when we have such a homelessness
issue. Currently it’s appropriate for residential. Doesn’t mean it can’t be developed into residential.
A: That’s true, but you have to have a developer that’s willing to come in and do that with the property.
C (DAB): Sometimes residents don’t know what’s going on. This could cost property values. And that is
their life. If you could give them as much information as possible.
Q (DAB): How many feet from this property do you have to notify residents?
A: State law requires 200 feet
Q (DAB): From edge or center?
A: From the property line.
Q (DAB): That has already happened?
A: Yes.
Q (DAB): And no big blow up yet?
A: No, but we’ve had a few calls with questions.
Q (DAB): Do parcels to the north have protective overlay?
A: Yes, similar language. Parcel has screening requirements along west property line since abutting
residential zoning district.
Q (DAB): Any additional pieces to their overlay? Like the masonry wall?
A: I’m not sure which parcel that protective overlay, I would think that is addressing the north limited
commercial lot next to the general office. There’s not a street address associated with that. The protective
overlay would be on this zoning lot only. There’s a protective overlay number 41. This is a new one. I
don’t know which of those lots number 41 is for.
Q (DAB): You answered my question that you haven’t received any feedback on this. Can you give me
any examples where limited commercial with a speaker box abuts a residential area and if protective
overlays are included?
A: I know there is one in District 1 at Vassar and Central. Pig In Pig Out had quite a few conditions for the
overlay.
A (CM Tuttle): There are several restaurants abutting neighborhoods in District 2.
A: That’s a pretty standard thing for us to do.
C (DAB): So this isn’t uncommon.
A: It’s not uncommon for us to put protective overlay for how the property develops.
C (Agent) Cody Brand - Real Estate Attorney for property owner: Kathy really described it in adequate
detail. We’ve engaged Baughman in platting. Doing zoning first then will follow with platting. More studies
have to be done. They don’t have an identified use yet. The property was built in 1950. Acquired in
foreclosure. Has been vacant for several years. Built to suit for someone who may want to come in or
build some sort of commercial building. Or a buyer may want to buy the property and are in a better
development position. Most likely it will be a restaurant, office space, or retail. There will be some
practical limitations in terms of the size of the lot. And the Church directly east. Will have some limitations
on the of type business due to proximity to the church.
DAB 2 • August 9, 2021 • Minutes • Page 8
Q (DAB): Has the property been vandalized?
A (Agent): It’s in poor condition due to vacancy. Owner has residential background and doesn’t think
there’s a whole lot of demand at this location. It’s economically impractical to do that unfortunately. The
house there today is in very poor condition. Would like to get in there and tear it down as quickly as
possible.
C (Public) Angie Elliott – 1800 block of S Stacey Court: House is now torn down and garage torn down.
Having resident property next to commercial is not too appealing. My concern is that we don’t know what
is going to be in there. Along the fence line, we’re responsible for maintaining the grass. Always a lot of
trash from McDonalds, Taco Bell. If this were approved, I would ask the property owner consider not
having fast food or something that would have a lot of debris. I have a question about the map – this is
right on the boundary of residential. How often does this happen?
A: It’s pretty typical because this is a future growth map. Already have this established residential area,
but because of this intersection, new employment grows into that area. Just on the edge. Residential just
near that commercial.
Q (Public) Angie Elliott: Are there many instances where residential gets switched to commercial?
A: Yes, and there are instanced where there is a request to rezone to higher density zoning and that has
been denied.
Q (DAB): In addition to the type of barrier, is there ever consideration for increasing the height of the
barrier?
A: The maximum is 8 feet.
C (DAB): So it could be increased, but there is a max.
A: Yes, 8 feet.
C (DAB): I would be inclined to approve this with additional protective overlays. I am inclined to agree with
the developer that this isn’t a good property for residential because it has access only to Webb Road. You
are right up against a Family Dollar. I don’t see a developer coming in and deciding to put a house there.
So, given that the property can either be vacant or have some sort of commercial development, I would
say it would be better for us to approve it, but add the protective overlays to protect the residents to the
south and the west.
Action Taken: Motion to APPROVE the application made by Bruce Gass. Seconded by John Baker.
Friendly amendment to the motion to increase the height of the barrier to 8 feet and change the structural
type of the barrier to a masonry wall made by Roman Rodriguez.
MOTION with friendly amendment PASSED 7-1-0
10. CUP2021-00043
Kathy Morgan, Metropolitan Area Planning Department, presented an application on behalf of Jeffrey S.
Greenberg et. al. (applicant)/ Christian Ablah and Kim Edgington (agents). The applicants submitted a
request to form the new Chelsea Brooke Community Unit Plan (DP-358) for property zoned LI Limited
Industrial. The property is 12.37 acres and is generally located on the north side of East Kellogg Drive
and within one-quarter mile west of South Greenwich Road (10900 East Kellogg). A property over six
acres zoned LI Limited Industrial is not required to create a CUP. However, the applicants want to form
this CUP to create a cohesive development plan and to afford more signage than is currently permitted.
Q (DAB): What would happen to that right of way?
A: It would remain right of way.
Q (DAB): The FAA cannot deny signage less than 25 feet, just anything higher than that?
A: Yes, they have standards and processes. It’s a maximum height standard.
DAB 2 • August 9, 2021 • Minutes • Page 9
C (Public) Kim Edgington – Agent for the Applicant: Representing current owner and the contractor. The
property is already platted. The plat was approved in 1986. Accommodation made, if you look at the way
CUP is configured in the SE corner. There is an access to the street. That is where the access to the
development will go. The right of way will remain undeveloped. We have an agreement with property to
the east to access out to Greenwich.
Don’t have a defined user right now. Need development conditions in place before we make that push.
Highest priority for most users in this location is signage. Not easiest piece of ground to get to if coming
from other direction. Main reason for requesting a 60 foot sign at this location. Similar to some of the
signs farther west on Kellogg. Most of these signs are on the south side capturing their traffic from the
other direction. We made that request to try to capture traffic eastbound and westbound.
We would ask, staff asked for 20 feet above guardrail above Kellogg. We would like to go 25 feet.
Increases what we could market this for. If the guardrail is at ground level, this would be allowed.
Compromise to allow 25 feet above guardrail rather than 20. Hopefully, that’s a minor issue.
This is likely to be a national chain. They have some parameters they would like to hit as far as signage
and we would like to be able to market to them when we go to market this property.
Q (DAB): Do you have any prospects?
A: We have a few.
Q (DAB): A hotel maybe?
A: Possibly. Or some other options.
Q (DAB): Almost 12.4 acres. Not big sign fan, but makes property worth money. This could be more than
one big box store. Let’s say we’re willing to go 25 feet can we limit the number of signs? Share sign or
pole with multiple businesses?
A: We asked to be able to do two signs. More than likely multiple users on even those two signs. Typically
pad sites out front broken into smaller lots with larger user on the back and still have signage available on
the frontage. If it does get broken up into smaller parcels, will have to come back. Thought didn’t make a
lot of sense to break out now since we don’t have a user in mind. Client I work for builds the signs for the
clients. He doesn’t want to build many signs. They are very very expensive. He wants to build two signs
and accommodate everyone. With 700 feet of frontage, that’s a lot of separation between the two signs.
C (DAB): Don’t want to go back to old Kellogg from 1960.
C (DAB): Five feet could make difference between someone seeing it a quarter mile away versus half a
mile away, when you need to exit.
A: And whether or not you miss it. Five feet doesn’t sound like a lot, but when you’re working in
negotiations with national firms, they have their parameters and you have to meet their needs. Other than
that, we are in complete agreement with the staff recommendations.
Q (DAB): Who is the current owner of the property?
A: Jeffrey Greenberg is the current owner. He has owned that property since the early 90s.
Q (DAB): Who is buying the property?
A: Christian Ablah is the contractor, so a lot of times these deals are structured so you have a few things
going at once. We have zoning getting done and that’s where we’re at in this process. We have filed the
application with the FAA. We’re very familiar with that process. My client is also working on the Top Golf
and we had to do the same thing there for the poles. We don’t expect there to be any trouble with this.
Q (DAB): I’m curious if Kathy has anything to add regarding the five feet issue.
A: Predicated on what FAA decides. Part of CUP process, when they finalize language, they would state
what the height limitation for each parcel. If FAA is ok with maximum request shouldn’t be any issue with
CUP wording.
DAB 2 • August 9, 2021 • Minutes • Page 10
C (DAB): I think it’s important to get development going over there. I know some businesses had issues
with the construction on Kellogg.
A: Everyone has struggled over there. That’s why I think Mr. Greenberg held onto this because he just
didn’t know what would happen. But I think he finally feels comfortable pulling in some pretty good users.
Action Taken: Motion to APPROVE the application made by Faith Martin. Seconded by Bruce Gass.
MOTION PASSED 8-0-0
Action Taken: APPROVE made by
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Adjournment
The meeting was adjourned at 7:46 p.m. The next District 2 Advisory Board meeting will be held at 6:30
p.m. on Monday, September 13, 2021. It will take place at Rockwell Branch Library.
Guests
Kim Edgington
Angie Elliott
Cody Brand
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Respectfully submitted,
Cory Buchta, Community Services Representative, District 2
DAB 2 • August 9, 2021 • Minutes • Page 11
Agenda
District 2 Advisory Board Agenda
Monday, August 9, 2021 • 6:30 p.m.
In-person and Virtual
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Virtual Meeting Access Information
Due to safety concerns and recent orders related to the COVID-19 pandemic, the August DAB meeting
will be held in-person with the option to join 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. Those wishing to attend in-person can go to Rockwell Branch
Library at 5939 E. 9th St. N., Wichita, KS 67208.
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 • August 9, 2021 • Agenda • Page 1
Order of Business
Call to Order
Approval of Agenda for August 9, 2021
Approval of Minutes for July 12, 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 • August 9, 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
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New Business
9. ZON2021-00037
Kathy Morgan, Metropolitan Area Planning Department, will present an application on behalf of Joseph
Daniel Cos., LLC (Owner); Adams Jones Law Firm, PA (Agent). The applicant is requesting a zone
change from SF-5 Single-Family Residential to LC Limited Commercial for a 0.85 acre parcel at 1759
South Webb Road, which is generally located on the west side of South Webb Road and one-quarter mile
south of East Harry Street. The purpose of the request is to allow development with uses permitted in LC.
The property is currently developed with a single-family dwelling and accessory structures.
Recommended Action: Based upon the information available at the time the staff report was completed,
staff recommends APPROVAL of the request subject to Protective Overlay #377.
Protective Overlay #377
1. No portable or off-site signs shall be allowed.
2. Speakers associated with drive-up windows shall be directed away from any residential zoned
district and shall be a minimum of 50 feet from any residential zoned district.
3. Buffer trees shall be planted along the west and south properties lines of the lot where abutting
residential zoning at a density of at least 1.5 times the minimum standard in the City Landscape
Ordinance.
10. CUP2021-00043
Kathy Morgan, Metropolitan Area Planning Department, will present an application on behalf of Jeffrey
S. Greenberg et. al. (applicant)/ Christian Ablah and Kim Edgington (agents). The applicants have
submitted a request to form the new Chelsea Brooke Community Unit Plan (DP-358) for property zoned
LI Limited Industrial. The property is 12.37 acres and is generally located on the north side of East
Kellogg Drive and within one-quarter mile west of South Greenwich Road (10900 East Kellogg). A
property over six acres zoned LI Limited Industrial is not required to create a CUP. However, the
applicants want to form this CUP to create a cohesive development plan and to afford more signage than
is currently permitted.
Recommended Action: Based upon the information available at the time the staff report was prepared it
is recommended that the request be APPROVED, subject to the following conditions:
1. The CUP shall include a provision stating that any object proposed to be constructed above 25
feet shall receive approval by the Federal Aviation Administration prior to the issuance of building
permits.
2. General Provision #7 shall be revised to restrict height to 20 feet above the guardrail at the
location of the signs.
3. The CUP text shall be amended to account for the required rear yard, alley, or service drive as
require by Section III-C.2.b(2) of the Unified Zoning Code.
DAB 2 • August 9, 2021 • Agenda • Page 3
4. The site shall be developed in substantial conformance with the revised development guidelines
and general provisions of the approved CUP.
5. The applicant shall record a CUP certificate with the Register of Deeds indicating that this tract
(referenced as DP-358 Chelsea Brooke CUP) has special conditions for development on the
property.
6. The applicant shall submit four copies of the approved CUP within 60 days of final approval to the
Metropolitan Area Planning Department or the CUP shall be deemed null and void.
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Adjournment
The next District 2 Advisory Board meeting will be held at 6:30 p.m. on Monday, September 13, 2021.
DAB 2 • August 9, 2021 • Agenda • Page 4
AGENDA ITEM NO. _____
STAFF REPORT
MAPC: August 19, 2021
DAB II: August 9, 2021
CASE NUMBER: ZON2021-00037 (City)
APPLICANT/AGENT: Joseph Daniel Cos., LLC (Owner); Adams Jones Law Firm, PA (Agent)
REQUEST: LC Limited Commercial
CURRENT ZONING: SF-5 Single Family Residential
SITE SIZE: 0.85 acres
LOCATION: Generally located on the west side of South Webb Road, one-quarter mile south of
East Harry Street (1759 S. Webb Rd).
PROPOSED USE: To allow uses permitted under LC Limited Commercial zoning.
BACKGROUND: The applicant is requesting a zone change from SF-5 Single-Family Residential to LC
Limited Commercial for a 0.85 acre parcel at 1759 South Webb Road, which is generally located on the
west side of South Webb Road and one-quarter mile south of East Harry Street. The purpose of the request
is to allow development with uses permitted in LC. The property is currently developed with a single-
family dwelling and accessory structures.
Property to the north is zoned LC Limited Commercial with Protective Overlay PO-41 and developed with
retail uses. Property to the east is zoned SF-5 Single-Family Residential and is developed with a church.
Property to the south and west is zoned TF-3 Two-Family Residential and is developed with duplexes.
Staff recommends a protective overlay similar in nature to the PO assigned to the LC-zoned property to the
north to ensure uniform, consistent and fair development of commercial properties in the area. The full
language of PO-41 is attached to the staff report. Because property to the west and south is residentially
zoned, the site shall comply with all screening and compatibility standards set forth in Section IV of the
Unified Zoning Code. The site shall also comply with the Wichita Landscape Ordinance regarding
landscape buffers, landscaped street yard and parking lot screening.
CASE HISTORY: The property is unplatted. The request for the zone change does not trigger a
requirement to plat the property. However, the Subdivision Regulations state that the property shall be
platted before the issuance of building permits. The platting process will address stormwater management
and access (both access control along Webb Road and cross-lot access with properties to the north if
required).
ADJACENT ZONING AND LAND USE:
North: LC with PO-41 Retail
South: TF-3 Duplexes
East: SF-5 Church
West: TF-3 Duplexes
PUBLIC SERVICES: Access to the site off of South Webb Road, which is a pave, four-lane arterial with
sidewalks on both sides. Public water and sewer are available, but may need to be extended to serve the
site. Wichita Transit has bus stops located along East Harry, approximately one-quarter mile to the north.
CONFORMANCE TO PLANS/POLICIES: The request is in conformance to the Comprehensive Plan.
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 “Residential”. However, this property directly abuts the area overlay for “New
Employment.” The overlay boundaries on the Future Growth Concept Map are not intended to be hard
lines. With the presence of commercial development abutting on the north, the request is not unreasonable.
Though the development pattern guidelines for areas outside the Established Central Area state that “strip
commercial along arterials should be discouraged except along established commercial corridors and
highways,” the general development pattern guidelines support expansion of existing uses to adjacent areas.
RECOMMENDATION: Based upon the information available at the time the staff report was completed,
staff recommends APPROVAL of the request subject to Protective Overlay #377.
Protective Overlay #377
1. No portable or off-site signs shall be allowed.
2. Speakers associated with drive-up windows shall be directed away from any residential zoned
district and shall be a minimum of 50 feet from any residential zoned district.
ZON2021-00037
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3. Buffer trees shall be planted along the west and south properties lines of the lot where abutting
residential zoning at a density of at least 1.5 times the minimum standard in the City Landscape
Ordinance.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north is zoned LC Limited
Commercial with Protective Overlay PO-41 and developed with retail uses. Property to the east is
zoned SF-5 Single-Family Residential and is developed with a church. Property to the south and
west is zoned TF-3 Two-Family Residential and is developed with duplexes. All properties
surrounding the site are platted, leaving this as a left over parcel. The abutting residential
subdivisions are all oriented inward away from South Webb Road. With frontage on South Webb
Road and the presence of commercial development abutting to the north, the request is not
unreasonable.
2. The suitability of the subject property for the uses to which it has been restricted: The
property is zoned SF-5 and is developed with a single family home. However, all properties
surrounding the site are platted, leaving this as a left-over parcel. The abutting residential
subdivisions are oriented inward away from South Webb Road. With frontage on South Webb Road
and the presence of commercial development abutting to the north, the request is not unreasonable.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The
request for LC Limited Commercial is not unreasonable considering frontage along South Webb
Road, the presence of commercial development abutting to the north, and the residential
subdivisions platted to the west and south are oriented away from South Webb Road. The
provisions of Protective Overlay #377 should minimize negative impacts on surrounding
residential properties.
4. Length of time subject property has remained vacant as zoned: The site has been developed in
its current state since the 1950.
5. Relative gain to the public health, safety and welfare as compared to the loss in value or the
hardship. Denial would represent a loss of economic opportunity to the applicant or property
owner. Approval would represent gain for the applicant and provide new economic opportunity
with a business that serves the surrounding area, which is considered a gain for public health, safety,
and welfare.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The request is in conformance to the Comprehensive Plan. 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
“Residential”. However, this property directly abuts the area overlay for “New Employment.” The
overlay boundaries on the Future Growth Concept Map are not intended to be hard lines. With the
presence of commercial development abutting on the north, the request is not unreasonable. Though
the development pattern guidelines for areas outside the Established Central Area state that “strip
commercial along arterials should be discouraged except along established commercial corridors
and highways,” the general development pattern guidelines support expansion of existing uses to
adjacent areas.
ZON2021-00037
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7. Impact of the proposed development on community facilities: Approval of the request should
generate no additional impacts on community facilities. Existing public infrastructure at the site
will accommodate the proposed use. Access and stormwater management will be determined at the
time of platting.
Attachments:
1. Protective Overlay #41
2. Aerial Map
3. Zoning Map
4. Land Use Map
5. Site Pictures
Protective Overlay #41
1. Complete access control to Webb Road shall be maintained except for the north 60 feet of Lot 2,
and the south 60 feet of Lot 1.
2. The owner of Lot 1 shall allow access between his driveway opening and the lot abutting to the
south of Lot 1, should that property be rezoned to a non-residential district.
3. The owner of Lot 2 shall allow access between his driveway and the lot abutting to the north of Lot
2.
4. The owners of Lots 1 and 2 shall allow cross access between the two lots.
5. No portable or off-site signs shall be allowed on Lot 1 or 2.
6. Speakers associated with drive-up windows shall be directed away from any residential zoned
district and shall be a minimum of 50 feet from any residential zoned district.
7. Buffer trees shall be planted along the west line of the lots where abutting residential zoning at a
density of at least 1.5 times the minimum standard in the City Landscape Ordinance.
ZON2021-00037
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ZON2021-00037
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ZON2021-00037
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Looking west at site
Looking southwest away from site
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Looking northwest away from site
Looking southwest at duplexes
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Looking southeast away from site
Looking east away from site
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AGENDA ITEM NO.
STAFF REPORT
MAPC August 19, 2021
DAB II August 9, 2021
CASE NUMBER: CUP2021-00043 (City)
APPLICANT/AGENT: Jeffrey S. Greenberg et. al. (applicant)/ Christian Ablah and Kim
Edgington (agents)
REQUEST: To Create the Chelsea Brooke CUP DP-358
CURRENT ZONING: LI Limited Industrial
SITE SIZE: 12.37 acres
LOCATION: On the north side of East Kellogg Drive and within one-quarter mile west
of South Greenwich Road (10900 E Kellogg).
PROPOSED USE: To create a Community Unit Plan to specify development standards
including access points, screening, and signage.
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CUP2021-00043
BACKGROUND: The applicants have submitted a request to form the new Chelsea Brooke Community
Unit Plan (DP-358) for property zoned LI Limited Industrial. The property is 12.37 acres and is generally
located on the north side of East Kellogg Drive and within one-quarter mile west of South Greenwich Road
(10900 East Kellogg). A property over six acres zoned LI Limited Industrial is not required to create a CUP.
However, the applicants want to form this CUP to create a cohesive development plan and to afford more
signage than is currently permitted. The site is currently vacant. The warehouse structure on the north end
of Lot 1, Block 1, Chelsea Brooke Addition is owned by Hawker Beechcraft Corp. It is a separate parcel
and is not a part of this application.
The CUP will create one, 12.37-acre parcel with a maximum building coverage of 30 percent, maximum
floor area ratio of 0.40, and a maximum building height of 80 feet plus two feet of additional height for
each foot of setback beyond the minimum required setbacks. Proposed uses for the parcel are those
permitted by-right in the LI Limited Industrial district. The site shall have a minimum 35-foot setback along
the south and east property lines. All other setbacks are per the LI zoning district which has no minimum
rear or interior side setback requirements. Section III-C.2 of the Unified Zoning Code requires a minimum
of a 35-foot setback from street rights-of-way and residential zoning districts. Additionally, it requires a
minimum of a 30-foot rear yard, alley or service drive or combination thereof. The CUP does not account
for the rear yard, alley or service drive, and staff is recommending the text be amended to include this
requirement.
The CUP is proposing two, 60-foot pole signs and a total of 700 square feet of sign area for the entire CUP
with an individual sign not exceeding 500 square feet in area. The existing off-site/billboard sign is not
included in the boundaries of the CUP and therefore not included as one of the permitted signs. This
property has 665.49 linear feet of frontage; Section 24.04 of the Wichita Sign Code permits a total of up to
five signs along this frontage, and total of 532.39 square feet of sign area, with an individual maximum sign
area of 300 square feet. The proposed total area for signage would be a 32 percent increase in sign area.
The request for 500 square feet for an individual sign would be a 67 percent increase. Section 24.04.221 of
the Wichita Sign Code limits the height of on-site ground or pole signs to 25 feet, with a provision that a
sign can be constructed 20 feet above the height of the guardrail on an elevated right-of-way. East Kellogg
is elevated at an increasing height moving east at this location in order to pass over South Greenwich Road.
In 2020, the Zoning Administrator approved an Administrative Adjustment (BZA2020-00030) to permit a
sign height of 20 feet above the guardrail (total height of 55 feet) on the north side of East Kellogg east of
South Zelta. This site is approximately three-quarters of a mile to the east of the subject property and is the
most recent adjustment to the sign code in the immediate area.. Staff is recommending the same treatment
be applied to the subject location. The locations of the signs are not identified in the CUP; therefore a
recommended maximum height will be dependent upon where they are located and how high the guardrail
is at each location. A review of the existing signs in the immediate vicinity (including those with in CUPs)
reveals that all existing ground or pole signs do not exceed what is permitted by the sign code for height or
square footage. However, all signs in the area existed before the recent expansion of East Kellogg which
created elevated interchanges with arterial roads.
As seen on Attachment 6, the subject site is located in Airport Hazard Zone A, which restricts the height of
all objects to a maximum of 25 feet. Anything greater than 25 feet requires approval by the Federal Aviation
Administration (FAA) before building permits can be issued.
The CUP states that parking, screening, and landscaping will be in compliance with the Unified Zoning
Code and the Wichita Landscape Ordinance. A landscape plan shall be reviewed and approved prior to the
issuance of building permits. The total number of parking spaces will be determined by the uses that are
developed on the site. A screening wall is not required for this CUP because it does not abut a residential
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CUP2021-00043
zoning district on any property lines. It will require a landscape street yard along East Kellogg with parking
lot screening.
Property to the north is zoned LI Limited Industrial and is a warehouse for the Hawker Beechcraft Facility.
Property to the east is zoned GC General Commercial and LI and is developed with a church and restaurant.
Property to the South is the East Kellogg right-of-way. Property to the west is zoned LI and is the Hawker
Beechcraft airfield.
CASE HISTORY: In January 1986, the property was platted as part of Lot 1, Block 1, Chelsea Brooke
Addition.
ADJACENT ZONING AND LAND USE:
North: LI: Hawker Beechcraft Warehouse and Facility
South: None: Kellogg Freeway
East: GC and LI: Restaurant and Church
West: LI: Hawker Beechcraft Airfield
PUBLIC SERVICES: Public water and sewer are nearby, but may need to be extended to serve
development. East Kellogg Drive is a two-lane, one-way frontage road for East Kellogg with no sidewalks.
There are no Wichita Transit bus stops in the area.
CONFORMANCE TO PLANS/POLICIES: The request for a new CUP is in conformance with the
adopted Comprehensive Plan. The Wichita-Sedgwick County Comprehensive Plan, the Community
Investments Plan, identifies the site as both “New Residential” and “Commercial” on the Future Growth
Map Concept Map. The “New Employment” category is described as follows: “Encompasses areas that
likely will be developed or redeveloped by 2035 with uses that constitute centers or concentrations of
employment primarily in manufacturing, warehousing, distribution, construction, research, technology,
business services, or corporate offices.
RECOMMENDATION: Based upon the information available at the time the staff report was prepared
it is recommended that the request be APPROVED, subject to the following conditions:
1. The CUP shall include a provision stating that any object proposed to be constructed above 25 feet
shall receive approval by the Federal Aviation Administration prior to the issuance of building
permits.
2. General Provision #7 shall be revised to restrict height to 20 feet above the guardrail at the location
of the signs.
3. The CUP text shall be amended to account for the required rear yard, alley, or service drive as
require by Section III-C.2.b(2) of the Unified Zoning Code.
4. The site shall be developed in substantial conformance with the revised development guidelines
and general provisions of the approved CUP.
5. The applicant shall record a CUP certificate with the Register of Deeds indicating that this tract
(referenced as DP-358 Chelsea Brooke CUP) has special conditions for development on the
property.
6. The applicant shall submit four copies of the approved CUP within 60 days of final approval to the
Metropolitan Area Planning Department or the CUP shall be deemed null and void.
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CUP2021-00043
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north is zoned LI Limited
Industrial and is a warehouse for the Hawker Beechcraft Facility. Property to the east is zoned GC
General Commercial and LI and is developed with a church and restaurant. Property to the South
is the East Kellogg right-of-way. Property to the west is zoned LI and is the Hawker Beechcraft
airfield. Because the site is zoned LI Limited Industrial, it does not required a CUP in order to
develop. The surrounding area will likely continue to develop with commercial and industrial uses
in like manner with current development.
2. The suitability of the subject property for the uses to which it has been restricted: The
property is currently zoned LI Limited Industrial. The request for the CUP is not changing the base
zoning. The surrounding area will likely continue to develop with commercial and industrial uses
in like manner with current development.
3. Extent to which removal of the restrictions will detrimentally effect nearby property: The
property is currently zoned LI Limited Industrial. The request for the CUP is not changing the base
zoning. The surrounding area will likely continue to develop with commercial and industrial uses
in like manner with current development.
4. Length of time the property has been vacant as currently zoned: The site has never been
developed.
5. 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 will aide in the development of
the property. Denial would presumably represent a loss of economic opportunity to the applicant
and/or land owner.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The request for a new CUP is in conformance with the adopted Comprehensive Plan. The
Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the
site as both “New Residential” and “Commercial” on the Future Growth Map Concept Map. The
“New Employment” category is described as follows: “Encompasses areas that likely will be
developed or redeveloped by 2035 with uses that constitute centers or concentrations of
employment primarily in manufacturing, warehousing, distribution, construction, research,
technology, business services, or corporate offices.
7. Impact of the proposed development on community facilities: The proposed use is not
anticipated to have substantial detrimental impacts on community facilities.
Attachments:
1. CUP Drawing
2. Aerial Map
3. Zoning Map
4. Land Use Map
5. Airport Hazard Zone Map
6. Existing Area Signage Map
7. Site Pictures
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00043
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CUP2021-00043
Looking northeast at site
Looking northwest at and away from site
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Looking southwest away from site
Looking east along Kellogg Drive
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Looking northeast away from site
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CUP2021-00043