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District 2 Advisory Board

Regular Meeting

Wichita, KS · September 13, 2021

Agenda

Agenda

District 2 Advisory Board Agenda Monday, September 13, 2021 • 6:30 p.m. In-person and Virtual • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Virtual Meeting Access Information Due to safety concerns and recent orders related to the COVID-19 pandemic, the September 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. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 2 • September 13, 2021 • Agenda • Page 1 Order of Business  Call to Order  Approval of Agenda for September 13, 2021  Approval of Minutes for August 9, 2021 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda 1. Scheduled Items None 2. Off-agenda Items Any individual present that did not request to speak on the Public Agenda prior to the meeting may speak at this time. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 3. Updates, Issues and Reports Opportunity is provided for the Council Member and the District Advisory Board members to report any activities, events, or concerns in the neighborhoods and/or Council District. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports 4. Fire Department Report Fire Department Staff for fire stations in District 2 will report on specific concerns. 5. Community Police Report Community Police Officers for beat areas in District 2 will report on specific concerns. 6. Park & Recreation Department Report Park and Recreation Staff will provide updates for parks in District 2 and report on other activities taking place across the city. 7. Wichita Public Library Report Savannah Ball, Rockwell Branch Library, will report on events and programs at the Rockwell Branch Library. DAB 2 • September 13, 2021 • Agenda • Page 2 Recommended Action: Receive and file all Staff Reports • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 8. CON2021-00039 with ZON2021-00041 Metropolitan Area Planning Department staff will present an application on behalf of BS Golf-Wichita, LLC (applicant); MKEC Engineering, Brian Lindebak; Polsinelli LLP (Agents). Amend Conditional Use established with CON2019-00005 to permit bar, outdoor entertainment venue, event center, and high- definition digital screens; and modify PO # 74 to increase the height of structures. Recommended Action: Based upon the information available at the time the staff report was completed, staff recommends the request be APPROVED to amend the Protective Overlay #74 so that it reads as follows. Staff recommend changes are delineated with bold and underline. Protective Overlay # 74: 1. Uses: All uses permitted in the “LI” zoning district except that an auditorium or stadium; community assembly; correctional facility; correctional placement residence, limited or general; day care, limited or general; recycling collection station, private or public; recycling processing center; animal care, general; kennel, boarding/breeding/training; secondhand store; sexually oriented business in the city; asphalt or concrete plant, limited; and construction burn site, limited; will not be permitted. Should there be a need for more than 100,000 square feet of floor area of non-”LI” uses, a traffic study will then be completed. The maximum square footage of non-”LI” uses may be increased to 300,000 square feet by an adjustment. The City Traffic Engineer may require that additional traffic improvements be guaranteed to support this traffic volume. The total average daily traffic generated by the uses within this property shall not exceed 8,000 ADT. 2. The transfer of the title on all or any portion of the land included in the development does not constitute a termination of the plan or any portion thereof; but said plan shall run with the land for development and be binding upon the present land owners, their successors and assigns and their lessees unless amended. However, the Planning Director, with the concurrence of the Zoning Administrator, may approve minor adjustments to the conditions in this overlay, consistent with the approved development plan, without filing a formal amendment. 3. Minimum setback requirements for all front setbacks will be 25 feet, rear 10 feet, interior side 15 feet, and street side yard 35 feet. 4. Outdoor storage and work areas shall not be located in front yard setback areas, and shall be screened from view of all internal and external streets and other ownership’s within and abutting the property. 5. Height: 65 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 156 feet (as approved by the FAA), subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 6. Signs: All signs along Greenwich, 29th Street North, and K-96 shall be limited to the standards for the “LI” district in the City of Wichita’s sign code, which shall include LED signs. No signs with DAB 2 • September 13, 2021 • Agenda • Page 3 rotating or flashing lights shall be permitted, nor shall any portable signs or off site signs be permitted. 7. No building permits shall be issued for any development without municipal water and sewer service. 8. Cross-lot circulation is to be provided for all lots developed for retail, commercial or office uses, through the approval of site plans by the Director of Planning. Staff also recommends APPROVAL of the amendment to the Conditional Use, subject to the following conditions. Staff recommend changes are delineated with bold and underline. 1. Uses: The subject property shall be permitted to operate as follows: An indoor / outdoor family entertainment complex but not limited to a 52-bay, 2-story outdoor recreation and entertainment venue featuring a multi-level golf driving range, a full-service restaurant and bar, event / entertainment space, and mini-golf. The hitting bays will feature a number of interactive golf games, as well as TV’s and a variety of dining and lounge type seating. A full service restaurant will provide food and beverage, including alcohol service, for the. indoor and outdoor dining areas as well as serve the hitting bays, entertainment / event space, and outdoor seating areas. Outdoor seating will be available near the front main entry as part of an outdoor patio with a “yard area” featuring outdoor games, dining, and live music The outdoor recreation and entertainment venue shall be allowed the installation of two (2) 30’x50’ high- definition digital screens, to be located outside of the outfield netting and facing internally towards the building to used for the operation of the venue. Additionally, the overall property will be allowed such indoor/outdoor entertainment, food and beverage and alcohol uses such as restaurants with patios and family entertainment uses such as a go cart facility, arcades and e-sports gaming facilities. 2. Height: 65 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 156 feet (as approved by the FAA), subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 3. The owner shall maintain all lighting of the site in compliance with the provisions of the UZC and property shield all lights to prevent bleeding the light onto all adjacent residential property. A lighting master plan shall be provided before any outdoor lighting is installed and said plan must be approved by the Zoning Administrator and the Planning Director. The outdoor recreation and entertainment facility shall be allowed to have exposed LED lighting strips at each hitting bay in conjunction with its regular operation. The exposed LED lighting strips will be mounted directly to the structure above each hitting bay, offset slightly from the edge, and in general conformance with the specifications submitted with this application. 4. Outdoor operations, including the open air hitting bays, the playing field of the golf driving range, and those featuring live music and the go-cart facility shall cease operations by 11:00 p.m.; provided, said uses may operate until 12:00 a.m. on Friday and Saturday nights. Go- carts used shall be electric only. 5. A revised, final Site Plan shall be submitted for approval by the Planning Department prior to issuance of any permits for construction of any facilities on the subject property. DAB 2 • September 13, 2021 • Agenda • Page 4 6. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area Building and Construction Department. 7. If the Zoning Administrator finds there is a violation of any provision or condition of the Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of the Planning Director, declare the Conditional Use null and void. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The next District 2 Advisory Board meeting will be held at 6:30 p.m. on Wednesday, October 13, 2021. DAB 2 • September 13, 2021 • Agenda • Page 5 AGENDA ITEM NO. _____ STAFF REPORT MAPC: September 23, 2021 DAB II: September 13, 2021 CASE NUMBER: CON2021-00039 and ZON2021-00041 APPLICANT/AGENT: BS Golf-Wichita, LLC (applicant); MKEC Engineering, Brian Lindebak; Polsinelli LLP (Agents) REQUEST: Amend Conditional Use established with CON2019-00005 to permit bar, outdoor entertainment venue, event center, and high-definition digital screens; and modify PO # 74 to increase the height of structures. CURRENT ZONING: LI Limited Industrial SITE SIZE: 22.2 acres LOCATION: Located on the south side of 29th Street North and the east side of North Greenwich Road CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting to amend the Conditional Use established in 2019 (CON20219-00005) and to amend Protective Overlay #74 applicable to the subject property. The property is generally located on the southeast corner of North Greenwich Road and East 29th Street North. Requested Conditional Use Amendment The amendment to the Conditional Use would make the following changes:  permit the following additional uses - entertainment venue, full-service restaurant and bar, event center/entertainment space (classified as a “Nightclub in the City” per the Unified Zoning Code);  permit two 30-foot by 50-foot high-definition digital screens at the driving range,  permit exposed LED lighting at the hitting bays; and  adjust the permitted hours of operation to permit the establishment to operate later. Requested Protective Overlay Amendment The amendment to PO #74 would permit the following change:  increase in the maximum height of structures to from 55 feet to 65 feet. The applicant is proposing a full-service restaurant and bar, and event center/entertainment space, which will offer the sale of alcohol and provide entertainment as defined by Title 3 of the Wichita Municipal Code. Therefore, this establishment is classified as a “Night Club in the City.” Examples of entertainment as defined by Title 3 include, but are not limited to: dancing by patrons; live music from a band or DJ; and live performances that include music, hypnotists, pantomimes, comedians, dance acts, concerts, karaoke, etc. Section III-D.6.w of the Unified Zoning Code requires a Conditional Use for a Tavern/Drinking Establishment, Nightclub in the City, and Event Center when located within 300 feet of residential zoning, church or place of worship, public or parochial school, or a public park. The subject property is located within 300 feet of residential zoning on the east and the north sides. The surrounding context of the subject site is varied (with a mix of zoning and land uses) and likely to change in the near future. The property to the east is zoned MF-18 Multi-Family Residential and is developed with a multi-story apartment complex. The property directly to the north is zoned RR Rural Residential and SF-20 Single-Family Residential and is undeveloped. That property’s owner has submitted an application to rezone the property to LC Limited Commercial and form a Community Unit Plan. These applications are being heard concurrently with the subject application. The property at the northwest corner of North Greenwich and East 29th Street is zoned LI Limited industrial and is undeveloped. Property to the south is zoned LI Limited Industrial and is developed with a medical facility and a large retail shopping center. Property to the west is zoned LI and is developed with a mixture of commercial businesses. In 2019, the uses for an a multi-story golf driving range and entertainment establishment uses were approved. The requested amendments would allow longer hours of operation, the entertainment establishment to be considered a “night club in the city” in order to accommodate the sale of alcohol with the provision of entertainment, and large digital screens and LED lighting of the hitting bays at the subject site. As seen on the attached site plan, the proposed placement of the 30-foot by 50-foot high-definition digital screens is on the east end of the driving range. This orientation of the screens will project the light to the west, away from the multi-family residential to the east. Planning Department staff anticipate that the visual impact of these screens on surrounding properties will be limited due the layout of the site, buildings on the site, and orientation of the screens. The proposed exposed LED lighting strips at each hitting bay of the driving range would be located on the west end of the driving range and project toward the east. This could result in spillover lighting toward the apartments to the east, depending on the design/configuration of the exposed LED lighting strips. The applicant has indicated that they will comply with the UZC requirements that lights be installed so that it prevents bleeding the light onto all adjacent residential property. CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 2 The applicant is proposing amending the Conditional Use to lengthen the hours of operation from what was previously approved. The table below compares what was approved in 2019 with what is being proposed with this amendment. Staff is recommending that the hour of operation approved in 2019 remain due to the existing and proposed residential uses in the area. Approved in 2019 Current Proposal Sun – Thurs Fri-Sa All Days Outdoor Events, including all entertainment events featuring 11:00 p.m. 12:00 a.m. 1:00 a.m. live music and the go-cart facility All other operations including the open air hitting bays and Unspecified 2:00 a.m. playing field of the golf driving range The applications are requesting to increase the maximum height of structures from 55 feet to 65 feet. This does not include the structural poles for the protective netting around the driving range (discussed in the paragraph below). The height of structures on the subject site is substantially impacted by two factors: zoning and the Airport Hazard Zone. Below is an analysis of each.  Zoning and Structure Heights: A request for 10 additional feet for structures is an 18 percent increase and is still under the maximum allowable height of 80 feet in LI Limited Industrial zoning. Staff do not anticipate any significant negative impacts on surrounding properties from the requested increase in structure heights.  Airport Hazard Zone and Structure Heights: The property is within Area B of the Airport Hazard Zone in relation to Colonel James Jabara Airport. Area “B” has a height restriction for all structures of 75 feet. The requested increase is permitted in this Airport Hazard Zone. In addition to the structure heights, the applicant is coordinating with the Federal Aviation Administration (FAA) to permit the height of the poles at the site. The applicant submitted a request to the FAA to review the requested 170-foot poles for the protective netting around the driving range. The attached FAA determination letter indicates they will approve a maximum height of 156 feet. Staff’s opinion is to permit whatever height is determined appropriate by the FAA. Due to the height of the net poles exceeding the permitted height in the airport hazard zone, Section 28-08 of the Wichita Municipal Code requires the applicant to seek a waiver from City Council. This request for this waiver must include documentation from the FAA with a determination as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. The waiver is a separate process and not to be considered as part of the recommendation for this application. CASE HISTORY: In 2000, the property was rezoned from SF-20 Single-Family Residential to LI Limited Industrial and PO #74 was established (ZON2000-00023). In 2019, an amendment to PO #74 was approved and the conditional use to allow an entertainment establishment was established (ZON2019- 00008/CON2019-00005). The site is platted as part of the Greenwich Center Addition (recorded in 2007). However, the subject property is being replatted as the Top Golf Addition (SUB2020-00042), which is under review and should be approved in the near future. CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 3 ADJACENT ZONING AND LAND USE: NORTH: RR and SF-20 Undeveloped SOUTH: LI Commercial EAST: MF-18 Multiple-Family Multiple Family Residential WEST: LI Commercial PUBLIC SERVICES: North Greenwich Road is a paved, five-lane arterial street with sidewalks on both sides East 29th Street North is a paved two-lane arterial street with no sidewalks. Wichita Transit bus stops are located in the large retail shopping center approximately one-half mile south of the subject site. All municipal services are available at the site. CONFORMANCE TO PLANS/POLICIES: The proposed amendments are in conformance to the comprehensive plan. The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “residential/employment mix.” This category is defined as “areas that likely will be developed or redeveloped by 2035 with use predominately of mixed nature. Due to proximity of higher intensity business uses, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment use likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” Furthermore, the Location Guidelines of the plan state that major commercial and employment centers should be located at intersections of arterial streets and along highways and commercial corridors. This develop is at the intersection of two arterial streets and along a commercial corridor. RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends the request be APPROVED to amend the Protective Overlay #74 so that it reads as follows. Staff recommend changes are delineated with bold and underline. Protective Overlay # 74: 1. Uses: All uses permitted in the “LI” zoning district except that an auditorium or stadium; community assembly; correctional facility; correctional placement residence, limited or general; day care, limited or general; recycling collection station, private or public; recycling processing center; animal care, general; kennel, boarding/breeding/training; secondhand store; sexually oriented business in the city; asphalt or concrete plant, limited; and construction burn site, limited; will not be permitted. Should there be a need for more than 100,000 square feet of floor area of non-”LI” uses, a traffic study will then be completed. The maximum square footage of non-”LI” uses may be increased to 300,000 square feet by an adjustment. The City Traffic Engineer may require that additional traffic improvements be guaranteed to support this traffic volume. The total average daily traffic generated by the uses within this property shall not exceed 8,000 ADT. 2. The transfer of the title on all or any portion of the land included in the development does not constitute a termination of the plan or any portion thereof; but said plan shall run with the land for development and be binding upon the present land owners, their successors and assigns and their lessees unless amended. However, the Planning Director, with the concurrence of the Zoning Administrator, may approve minor adjustments to the conditions in this overlay, consistent with the approved development plan, without filing a formal amendment. 3. Minimum setback requirements for all front setbacks will be 25 feet, rear 10 feet, interior side 15 feet, and street side yard 35 feet. 4. Outdoor storage and work areas shall not be located in front yard setback areas, and shall be screened from view of all internal and external streets and other ownership’s within and abutting the property. CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 4 5. Height: 65 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 156 feet (as approved by the FAA), subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 6. Signs: All signs along Greenwich, 29th Street North, and K-96 shall be limited to the standards for the “LI” district in the City of Wichita’s sign code, which shall include LED signs. No signs with rotating or flashing lights shall be permitted, nor shall any portable signs or off site signs be permitted. 7. No building permits shall be issued for any development without municipal water and sewer service. 8. Cross-lot circulation is to be provided for all lots developed for retail, commercial or office uses, through the approval of site plans by the Director of Planning. Staff also recommends APPROVAL of the amendment to the Conditional Use, subject to the following conditions. Staff recommend changes are delineated with bold and underline. 1. Uses: The subject property shall be permitted to operate as follows: An indoor / outdoor family entertainment complex but not limited to a 52-bay, 2-story outdoor recreation and entertainment venue featuring a multi-level golf driving range, a full-service restaurant and bar, event / entertainment space, and mini-golf. The hitting bays will feature a number of interactive golf games, as well as TV’s and a variety of dining and lounge type seating. A full service restaurant will provide food and beverage, including alcohol service, for the. indoor and outdoor dining areas as well as serve the hitting bays, entertainment / event space, and outdoor seating areas. Outdoor seating will be available near the front main entry as part of an outdoor patio with a “yard area” featuring outdoor games, dining, and live music The outdoor recreation and entertainment venue shall be allowed the installation of two (2) 30’x50’ high- definition digital screens, to be located outside of the outfield netting and facing internally towards the building to used for the operation of the venue. Additionally, the overall property will be allowed such indoor/outdoor entertainment, food and beverage and alcohol uses such as restaurants with patios and family entertainment uses such as a go cart facility, arcades and e-sports gaming facilities. 2. Height: 65 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 156 feet (as approved by the FAA), subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 3. The owner shall maintain all lighting of the site in compliance with the provisions of the UZC and property shield all lights to prevent bleeding the light onto all adjacent residential property. A lighting master plan shall be provided before any outdoor lighting is installed and said plan must be approved by the Zoning Administrator and the Planning Director. The outdoor recreation and entertainment facility shall be allowed to have exposed LED lighting strips at each hitting bay in conjunction with its regular operation. The exposed LED lighting strips will be mounted directly to the structure above each hitting bay, offset slightly from the edge, and in general conformance with the specifications submitted with this application. CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 5 4. Outdoor operations, including the open air hitting bays, the playing field of the golf driving range, and those featuring live music and the go-cart facility shall cease operations by 11:00 p.m.; provided, said uses may operate until 12:00 a.m. on Friday and Saturday nights. Go- carts used shall be electric only. 5. A revised, final Site Plan shall be submitted for approval by the Planning Department prior to issuance of any permits for construction of any facilities on the subject property. 6. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area Building and Construction Department. 7. If the Zoning Administrator finds there is a violation of any provision or condition of the Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of the Planning Director, declare the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The property to the east is zoned MF-18 Multi- Family Residential as is developed with the Stony Pointe apartment complex. Property to the south is zoned LI Limited Industrial and is developed with a medical facility and a large retail shopping center. Property to the west is zoned LI and is developed with a mixture of commercial businesses. Property to the north is zoned RR Rural Residential and SF-20 Single-Family Residential and is undeveloped. However, as previously discussed, application has been made to rezone it to LC Limited Commercial to for a Community Unit Plan. 2. The suitability of the subject property for the uses to which it has been restricted: The property is presently zoned LI Limited Industrial and is located in an area that is rapidly developing with a mixture of commercial uses, including sports-related uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed use is consistent with of uses being developed to the south and west. The provisions outlined in the Protective Overlay will provide mitigation measures for potential impacts to the area. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed amendments are in conformance to the comprehensive plan. The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “residential/employment mix.” This category is defined as “areas that likely will be developed or redeveloped by 2035 with use predominately of mixed nature. Due to proximity of higher intensity business uses, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment use likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” Furthermore, the Location Guidelines of the plan state that major commercial and employment centers should be located at intersections of arterial streets and along highways and commercial corridors. This develop is at the intersection of two arterial streets and along a commercial corridor. 5. Impact of the proposed development on community facilities: The amendment to the Conditional use and Protective overlay would not have any impact on community facilities or resources. Attachments: Proposed Protective Overlay #74 Text, Proposed Amended Text to Conditional Use, FAA Determination Letter, Aerial Map, Zoning Map, Land use Map, Site Plan, Site Pictures CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 6 Proposed Protective Overlay #74 Text: proposed changes are highlighted. 1. Uses: All uses permitted in the “LI” zoning district except that an auditorium or stadium; community assembly; correctional facility; correctional placement residence, limited or general; day care, limited or general; recycling collection station, private or public; recycling processing center; animal care, general; kennel, boarding/breeding/training; secondhand store; sexually oriented business in the city; asphalt or concrete plant, limited; and construction burn site, limited; will not be permitted. Should there be a need for more than 100,000 square feet of floor area of non-IP”LI” uses, a traffic study will then be completed. The maximum square footage of non- IP”LI” uses may be increased to 300,000 square feet by an adjustment. The City Traffic Engineer may require that additional traffic improvements be guaranteed to support this traffic volume. The total average daily traffic generated by the uses within this property shall not exceed 8,000 ADT. 2. The transfer of the title on all or any portion of the land included in the development does not constitute a termination of the plan or any portion thereof; but said plan shall run with the land for development and be binding upon the present land owners, their successors and assigns and their lessees unless amended. However, the Planning Director, with the concurrence of the Director of MABCD Zoning Administrator, may approve minor adjustments to the conditions in this overlay, consistent with the approved development plan, without filing a formal amendment. 3. Minimum setback requirements for all front setbacks will be 25 feet, rear 10 feet, interior side 15 feet, and street side yard 35 feet. 4. Outdoor storage and work areas shall not be located in front yard setback areas, and shall be screened from view of all internal and external streets and other ownership’s within and abutting the property. 5. Height: 55 65 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 170 feet, subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 6. Signs: All signs along Greenwich, 29th Street North, and K-96 shall be limited to the standards for the “LI” district in the City of Wichita’s sign code, which shall include LED signs. No signs with rotating or flashing lights shall be permitted, nor shall any portable signs or off site signs be permitted. 7. No building permits shall be issued for any development without municipal water and sewer service. 8. Cross-lot circulation is to be provided for all lots developed for retail, commercial or office uses, through the approval of site plans by the Director of Planning. CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 7 Proposed Amended Text to Conditional Use: proposed changes are highlighted. 1. Uses: The subject property shall be permitted to operate as follows: An indoor / outdoor family entertainment complex that is centered around a 60 bay, 3-story golf driving range including, but not limited to a 52-bay, 2-story outdoor recreation and entertainment venue featuring a multi-level golf driving range, a full-service restaurant and bar, event / entertainment space, and mini- golf. The driving hitting bays will feature the Top Tracer ball tracking technology and a number of interactive golf games, as well as TVs and a variety of high top and lounge seating a number of interactive golf games, as well as TV’s and a variety of dining and lounge type seating. A full service restaurant will provide food and beverage, including alcohol service, for the dining area as well as serve the hitting bays, banquet rooms, and outdoor seating areas. indoor and outdoor dining areas as well as serve the hitting bays, entertainment / event space, and outdoor seating areas. An arcade and gaming area will be adjacent to the restaurant, and will also host birthday parties and other family events. The property will also comprise a 36-hole miniature golf course and go-cart facility. Outdoor seating will be available near the front main entry as part of an outdoor patio with a “yard area” featuring outdoor games, dining, and live music on occasion. A 2nd story roof terrace will also be available overlooking the yard area; provided however, this may be modified by an approved Administrative Adjustment to allow similar entertainment establishment uses. The outdoor recreation and entertainment venue shall be allowed the installation of two (2) 30’x50’ high-definition digital screens, to be located outside of the outfield netting and facing internally towards the building to used for the operation of the venue. Additionally, the overall property will be allowed such indoor/outdoor entertainment, food and beverage and alcohol uses such as restaurants with patios and family entertainment uses such as a go cart facility, arcades and esports gaming facilities. 2. Height: 55 65 feet maximum height for all structures; provided that poles used for protecting an area devoted to an outdoor golf driving range shall be permitted to a height of 170 feet, subject to compliance with obtaining a waiver from the City Council because the subject property is in Area “B” of the Airport Hazard Zone Map applicable to the Colonel James Jabara Airport, and compliance with the setback restrictions from all adjacent property lines as established by the Wichita Unified Zoning Code (UCZ). 3. The owner shall maintain all lighting of the site in compliance with the provisions of the UZC and property shield all lights to prevent bleeding the light onto all adjacent residential property. A lighting master plan shall be provided before any outdoor lighting is installed and said plan must be approved by MABCD the Zoning Administrator and the Planning Director. The outdoor recreation and entertainment facility shall be allowed to have exposed LED lighting strips at each hitting bay in conjunction with its regular operation. The exposed LED lighting strips will be mounted directly to the structure above each hitting bay, offset slightly from the edge, and in general conformance with the specifications submitted with this application. 4. Outdoor use, including all entertainment events featuring live music and the go-cart facility, shall cease operations by 11:00 p.m.; provided, said uses may operate until 12:00 a.m. on Friday and Saturday nights. operations featuring live music and the go-cart facility shall cease operations by 1:00 a.m. All other operations, including the open air hitting bays and playing field of the golf driving range, are permitted to operate until 2:00 a.m. The go-carts used shall be electric only. 5. A revised, final Site Plan shall be submitted for approval by the Director of Planning Planning Department prior to issuance of any permits for construction of any facilities on the subject property. 6. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area Building and Construction Department. 7. If the Zoning Administrator finds there is a violation of any provision or condition of the Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of the Planning Director, declare the Conditional Use null and void. CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 8 CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 9 CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 10 CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 11 CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 12 CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 13 Looking north at site from 27th and Greenwich Looking west, away from site at 27th and Greenwich Looking northwest away from site at 27th and Greenwich Looking east, away from site, along 27th Street CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 14 Looking north at site from 27th Street Looking east, at site, at 29th and Greenwich Looking west, away from site, along 27th Street Looking northeast, away from site, at 29th and Greenwich CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 15 Looking west, away from site, at 29th and Greenwich Looking southwest, at site, from 29th Street Looking northeast, away from site, along 29th Street CON2021-00039 and ZON2021-00041 Metropolitan Area Planning Commission Page 16