District 2 Advisory Board
Regular MeetingWichita, KS · October 11, 2021
Minutes
District 2 Advisory Board Minutes
Monday, October 11, 2021 • 6:30 p.m.
Fire Station #20 (2255 S Greenwich) and virtual via Zoom
Attendance
Members Present
Faith Martin Staff Present
Tracee Adams Officer Mulloy, Wichita Police Department
Tyler York Mike Crosby, Wichita Fire Department
Sam Lindeman Steve Degenhardt, Public Works & Utilities
Alicia Sanchez Savannah Ball, Wichita Public Library
John Baker Kathy Morgan, MAPD
Council Member Becky Tuttle Cory Buchta, Community Services
Representative, City Manager’s Office
Members Absent
Chris Broadrick Guests
Bruce Gass On last page
Tim Johnson
Roman Rodriguez
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Order of Business
Call to Order: The meeting was called to order by Becky Tuttle.
Approval of October 11, 2021 Agenda: Motion PASSED 6-0-0
Approval of Minutes from August 09, 2021: Motion PASSED 5-0-1
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Public Agenda
1. Scheduled Items
None
2. Off-Agenda Items
DAB 2 • October 11, 2021 • Minutes • Page 1
Shala Perez, District 2 representative for Diversity Inclusion and Civil Rights Advisory Board. Here to
receive
Fred Pinair – 8652 East. Mt Vernon Ct. – Adam Smith talked about 3 main purposed of government.
Derby has private water company, but now buy their water from Wichita. Just experienced boil advisory.
We’ve known for more than 20 years this could easily happen. Miles and miles of pipes that need to be
replaced. But we spend our time instead on things like this ordinance. Not role of government. People will
get punished. Dumb. Not the city I grew up in. Not one I want my kids and grandkids to grow up in.
Beckie Jenek – 5520 West 37th street south – Here to speak against some of the proposed amendments
in NDO coming up for a vote tomorrow. Amendment added, I’ve been told, on page 7, section unlawful
practices. Says religious organizations that employs individual to perform work, insists employee adheres
to practices of religion. See problem with this, especially with a place like Via Christie. Could discriminate
against Muslim doctors and nurses. Giving a free pass to religious organizations to discriminate against
workers. You said you delayed it to make it stronger, but this does not make it stronger, it makes it
weaker. Mediation cost paid by city? If someone is found guilty, it should not be paid for by the city.
A: If someone brings a complaint to the City there’s a mediation process. I and others felt there could be a
barrier for people of low socioeconomic status. If the mediation phase is not successful then it goes to the
investigation phase. The reason the City would bear the cost is so we are not discriminating against
people of lower socioeconomic status.
I understood that part for the person who files the complaint, but I don’t understand the other side.
A: Both parties would be responsible if they want to hire an attorney for the investigation phase. The
entity that was discriminating, they would pay for their own attorney.
Andy Hubbard – 939 S Longfellow – Have to make sure we are protecting everyone listed. Don’t really
understand what Beckie was saying about Via Christie. Three weeks ago a man was fired from a Catholic
school and it went to the Supreme Court. Been listening to people in trans community and we have
antiquated bathroom rules. Discriminates against trans people. I think NDO should be fixing antiquated
bathroom ordinance.
A: Our current bathroom ordinance says you go where you think you should go. If you think you should be
in the men’s room, you go in the men’s room. It does not dictate.
So that’s been taken care of?
A: It’s been miscommunicated what the ordinance is. I’d be happy to have you come and meet with me in
my office and meet with our attorney too, but our current ordinance says you go where you think you
should go.
Anthony Singer - 7925 E Kilarny Place – Here to speak in favor of NDO in current form without
amendment. Long and tortuous path unnecessarily so. Put up in front of DICRAB board who recommend
it pass without any amendments. Ask you follow those recommendations.
A: DICRAB made 3 amendments.
Faith Martin read a prepared statement from Noah Blanco.
DAB 2 • October 11, 2021 • Minutes • Page 2
Noah Blanco – In Eastridge – Wanted to make sure no compromise in bathroom. Concerned about
expansion of religious exemption, would cover more than churches and would negatively impact
protected classes. Trying to protect religious freedom in a manner that infringes on other humans’ rights
and it’s 100% unconstitutional. We should be ashamed of ourselves that the City and State have been
having this problem. It’s focused on bigotry and not actually making this better.
James Andrew – (Don’t have his address) When the decision was made to delay passing of the NDO it
was under the guise of making it stronger by working with stakeholders and having a discussion then
putting it up for a vote from the DI board. $18,000 later and it was proven this was nothing more than a
sham. A reason to delay the vote for political convenience and allow radical groups to carve away
protection for those most vulnerable. Large organizations like Ascension who employ hundreds of people
will not be included and will discriminate against people. Add citizenship to protected classes. Equality KS
made it clear they don’t support amendments. I urge you to pass this ordinance. Add citizenship to
protected classes. Either for discrimination or against discrimination. There is no compromise when it
comes to civil rights.
Malachi Winters – 2552 N Foxrun Ct – Want to throw in my support for NDO. From perspective of ICT-1
program we do see this community – particular trans – experiences a lot of mental health issues directly
related to discrimination and persecution. I support our community stepping up to support those
individuals.
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
September – 1 structure fire S Mission cause undetermined. Damage $20k. Only one for the month.
Fire prevention week. Not quite as big a deal as it used to be. Got through the water problem.
Q: Was pressure down at hydrants too?
A: It was but not for very long. We have things called Tinders. It’s a tanker and they are strategically
placed in the city. We had plenty of water and fortunately nothing came up Biggest challenge was
teaching fireman to boil water.
Q: Is this fire prevention week nationally?
A: Yes. Sunday we had our memorial at the firefighter museum.
C: Sorry I couldn’t attend.
A: I was out of town too.
DAB 2 • October 11, 2021 • Minutes • Page 3
5. Wichita Police Department Report
Officer Mulloy reported:
Block party 1400 south Glendale this Thursday. Recently helped out with Down syndrome walk on
Saturday. And another event. Really well attended. Tip a cop for Special Olympics. Raised over 2k for
Special Olympics. Hosting crawl for candy at Clapp Park October 22 6-8. Several stations set up. 20-40
stations for Wichita kids. Will practice social distancing. Hoping for 2 to 3k kids. Several donations from
local businesses. Find it on WPD Facebook page under events.
Violent crime high throughout city. Uptick in auto thefts. Vehicles with keys in them. Started auto theft task
force team. Multiple agencies in area. Recovered 300k in vehicles and property.
Increase in larceny to auto. People breaking into cars. Firearms being stolen out of cars. Asking people to
make sure cars are locked and don’t leave anything valuable, keys or guns, but if you do please hide
them. And lock your doors.
Q (DAB): Been hearing a lot about fentanyl. Is that a problem in Wichita?
A: Personally I haven’t come across it. Don’t know about other officers in Wichta. Some drugs are being
laced. Overdoses in Wichita on the rise. Some special assignments going on to address. I will get info
and address next meeting.
Q (DAB): Live in Eastridge. Increase in violent crime recently. A lot of calls about hotel off of Armour and
Kellogg. Panhandling. Homeless calls off of Harry and Rock Road. Maybe an update on a response to
that?
A: We are well aware of that on east bureau. Addressing several individuals. Setting up known locations.
Community response team as well. I’m very familiar with the hotel. Working it for months and years.
Noticed up trends. Will see if there is something specific we can share. Request we present something.
Q (DAB): Any insights from Riverfest part 2?
A: I was out of town and haven’t heard anything. Hope that’s a good thing. I can ask for more info on that.
6. Wichita Park and Recreation Report
None
7. Wichita Public Library Report
Savannah Ball reported:
Story times are back this fall! For health and safety reasons, we are hosting our story times
outdoors in the cool fall Kansas weather, weather permitting. We have several story time series
scheduled at different locations. Visit www.wichitalibrary.org/events to learn more.
This year, the Library has been working with a business called Sonify, along with Envision and
the Wichita Community Foundation, and members of the blind and visually impaired (BVI)
community to create projects around data-driven storytelling. The purpose of this project is to
make data sets more accessible to the BVI community through auditory means, like podcasts
and music. Last month, the group met with experts in data research and sonification and took a
deep dive into this new trend of communication. We look forward to continuing this work and
seeing how we can incorporate this method of information sharing into the Library culture.
DAB 2 • October 11, 2021 • Minutes • Page 4
The Library recently launched a pilot program to increase accessibility to the Library’s e-
collections to those that do not have library cards. Overdrive, the Library’s e-book vendor, offers
an Instant Digital Card (IDC) that allows community members to sign up to access e-books and
audiobooks with a cell phone number. The IDC authenticates off zip code so residents in
Wichita can access these e-materials. This is a great way for customers who aren’t familiar with
the Library to still use Library services. This new service is being promoted at the airport through
brochures – an ideal place for people who need access to a book for their flight.
Customers will see some positive changes when placing holds on materials through the online
catalog. Part of this year’s budget process included the implementation of no hold fees.
Previously, materials placed on hold through the catalog were charged 25 cents. Those fees are
now gone. We will still charge a $1 per item fee if a customer doesn’t pick up their holds within
the reservation period of seven days. You can browse the online catalog at
catalog.wichitalibrary.org.
This month, we welcome the next Director of Libraries back to the Wichita Public Library. Jaime
Prothro began service as the Director of Libraries on October 4. She began her professional
career with the Wichita Public Library as the Evergreen Branch Manager and later the Customer
Services Manager. She spent the last several years as the Customer Experience Director with
the Pierce County Library System in Tacoma, Washington.
Action Taken: Received and filed.
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New Business
8. CON2021-00039 with ZON2021-00041
Kathy Morgan, Metropolitan Area Planning Department, presented an application on behalf of BS Golf-
Wichita, LLC (applicant); MKEC Engineering, Brian Lindebak; Polsinelli LLP (Agents). The applicant is
requesting to 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. The property is generally located on the southeast corner of North Greenwich
Road and East 29th Street North.
Planning Commission heard this case on the 7th. Recommended approval subject to staff report except
hours of operation. Top Golf can operate until 12am Sunday through Thursday. Friday and Saturday
operate until 2am. All outdoor operations, those featuring live music (CHECK VIDEO).
Agent for the applicant is here.
Q (DAB): What is BS Golf LLC?
A (Brian Lindebak - MKEC): BS golf is one of the previous owners of the property. They have a mortgage
on the property. Current owner is a developer as well. He’s out of Springfield, Mo.
Q (DAB): What is Toto Golf?
DAB 2 • October 11, 2021 • Minutes • Page 5
A (Lindebak): That’s the developing company.
Q: Any local investors?
A (Lindebak): Can’t really speak to how many local investors are involved. It is a fantastic project.
Q: Been to several top golf places. But do you think it’s necessary to raise signs and lights? Only
residential out there was apartments. But if someone is going to build a neighborhood, it’s no different
than Lake Point and All Star Sports. A bunch of controversy a long time ago. Everyone will know where
this place is it. So what’s the purpose of the sign height?
A (Lindebak): More or the pole height for the netting. That’s what the height was about. Also adjusted
building height on overall site to maximize potential for hotels.
Q: So it has nothing to be with advertising or signage? I get the netting.
A (Lindebak): Yes, just for the netting. There are signs in the backfield of the gold facility that are two high
definition signs that are part of the application. Those are directed towards the west away from
residences.
Q: Times and live bands, how does that compare to Chicken and Pickle?
A: I don’t have any information about that. They have a CUP that has hotels. There is residential south of
there, but a significant distance. I don’t know what the specific hours are for them.
C: Live music, if you build housing over there, could be an issue for some people.
A: Housing is quite a distance from where live music is. I understand it will carry, but there’s a berm there
and landscaping on the east side that will mitigate some of that sound. That’s why we are requiring
shorter time period for the outdoor entertainment.
Q: It’s landscaping almost every time we talk about it, but if the people that live there want to complain if
the landscaping isn’t maintained, I don’t know why there isn’t a permanent structure put up for a noise
barrier. Not saying you can block the light, but for a noise barrier. That’s pretty close. With the paths
around the lake, that’s quite a few people that could be rummaging through the back part there by the
apartment complex. Drunk people are drunk people. It would be nice if there was a fence and not just
landscaping.
A (Lindebak): My company has been working on this project since about 2000. The apartment tract to the
east was zoned limited industrial which this property is, limited industrial. There’s a significant difference
between limited industrial and commercial zoning as well as multi-family zoning. They bought it from the
developer at the time having limited industrial zoning and they were very cognizant. They actually
downzoned the apartment complex to MF-18 and then they rezoned the parts to the south which they still
own to limited commercial. They bought that knowing it was limited industrial there and they chose to
develop their property in that manner. The small buildings you see to the east are actually car garages
and such, so the actual apartments are even farther to the east. The actual top golf activity with the
activities are is far on the west. There’s substantial distance there. From building to building I think it’s
about 1,000 feet.
Q: You said on weekends it’s going to be open until 2am. What all is going on at 2am? Everything?
Outdoor music?
A: No not outdoor music. Music, anything that will generate noise will be inside. What will be open until
2am on Friday night and Saturday night is the driving range. Won’t be any outdoor activity making noise.
Q: Who wants to be out there driving golf balls at 2am?
A: Plenty of people. This isn’t new. This is their operation plan wherever they’re located in larger cities.
Q (DAB): This is a small one?
A: 52 bays. I wouldn’t say small. This is a two-story facility. Some of them are three stories. It’s not the
largest, but it’s not small.
Q (DAB): The lighting will be away from the apartments. If they do residential on the county side?
C (DAB): If people want to build a house in the future and this is already there, that’s their problem. If
there’s something like that there, I wouldn’t build a house there, personally.
C (DAB): But that’s a concern if we’re making that land less (desirable to build residential).
A: It’s farm land now.
Q (DAB): Are there any complaints from anyone?
DAB 2 • October 11, 2021 • Minutes • Page 6
A: We have not received any.
Q (DAB): The owner of the apartment complex was made aware of the amendment to go for longer
hours?
A: Yes.
C (DAB): I’m fully supportive of this project. I will likely be there opening night, and I have been at a Top
Golf facility at 2am and had a great time.
Q (DAB): Could we have made this without subsidies?
A (CM Tuttle): That is a conversation for another time. I’d be happy to have that conversation.
C (DAB): I believe in the free market and I don’t like subsidies.
Action Taken: Motion to APPROVE the application made by John Baker. Seconded by Faith Martin.
MOTION PASSED 6-0-0
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Adjournment
The meeting was adjourned at 7:28 p.m. The next District 2 Advisory Board meeting will be held at 6:30
p.m. on Monday, December 13, 2021. It will take place at Rockwell Branch Library.
Guests
Andy Hubbard
Beckie Jeneck
Shala Perez
Fred Pinaire
Anthony Singer
Malachi Winters
Brian Lindebak
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Respectfully submitted,
Cory Buchta, Community Services Representative, District 2
DAB 2 • October 11, 2021 • Minutes • Page 7
Agenda
District 2 Advisory Board Agenda
Monday, October 11, 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 October 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 Fire Station #20 at 2255
S. Greenwich Rd., Wichita, KS 67207.
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 • October 11, 2021 • Agenda • Page 1
Order of Business
Call to Order
Approval of Agenda for October 11, 2021
Approval of Minutes for August 9, 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 • October 11, 2021 • Agenda • Page 2
Recommended Action: Receive and file all Staff Reports
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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). The applicant is requesting to
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.
The property is generally located on the southeast corner of North Greenwich Road and East 29th Street
North.
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 not to exceed 1,549 feet
above mean sea level 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).
DAB 2 • October 11, 2021 • Agenda • Page 3
6. Signs: All signs along Greenwich, 29th Street North, and K-96 shall be limited to the standards for
the “LI” district in the City of Wichita’s sign code, 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 not to exceed 1,549 feet
above mean sea level 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.
6. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area
Building and Construction Department.
DAB 2 • October 11, 2021 • Agenda • Page 4
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.
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Adjournment
The next District 2 Advisory Board meeting will be held at 6:30 p.m. on Monday, November 8, 2021.
DAB 2 • October 11, 2021 • Agenda • Page 5
AGENDA ITEM NO. 4.2
STAFF REPORT
MAPC: September 23, 2021
DAB II: October 11, 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 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.
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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 not to exceed 1,549 feet
above mean sea level 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 not to exceed 1,549 feet
above mean sea level 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.
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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
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Metropolitan Area Planning Commission Page 16