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District 3 Advisory Board

Regular Meeting

Wichita, KS · February 7, 2018

AgendaMinutes

Minutes

District III Advisory Board Minutes for Feb. 7, 2018 District III Advisory Board Minutes February 7, 2018 www.wichita.gov The District III Advisory Board meeting was held at 6:30 p.m. at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Council Member James Clendenin, eight District Advisory Board members, seven City staff, and 12 members of the public were present. Members Present Staff Present Ron Tracy Deb Legge, Metropolitan Area Building and David Robbins Construction Department (MABCD) Cindy Miles Harlan Bascombe, MABCD Paul Davis Brandy Wallace, MABCD Elena Ingle Daniel Johnson, MABCD Gerald Henry Beth Nordick, MABCD Catherine Johnson Keeley Snow, MABCD Daisy Olivar Dave Yearout, Metropolitan Area Planning Council Member James Clendenin Department (MAPD) Maddy Campbell, Community Services Members Absent Representative Marco Alcocer Bruce Grass Guests Hamid Bakhtiari, CON2017-00042 applicant Christopher Clark, CON2017-00042 agent Sheri Johnson James Carr Charles Myers Michael Loop J.D. Crowley Chuck M. J. Fox ORDER OF BUSINESS At 6:30 p.m. Council Member James Clendenin called the meeting to order. The agenda for the current meeting was approved. The minutes for Jan. 3, 2018, were approved. STAFF REPORTS Scheduled Items None PUBLIC AGENDA Scheduled Items None NEW BUSINESS MABCD Neighborhood Inspection Pilot Program Presentation 1 District III Advisory Board Minutes for Feb. 7, 2018 Deb Legge, Neighborhood Housing Director, MABCD provided an overview of the District III Neighborhood Inspection Pilot Program. The project will target the areas of Hilltop, Fairfax, Longview, Mead, Grandview Heights, Meadowlark, and a section of Schweiter East for proactive property maintenance inspection and enforcement effort. Data collected and lessons learned from this Pilot Program will be used to implement neighborhood inspection changes city-wide. The hope is that a concerted proactive effort will significantly alleviate blight and improve neighborhoods’ overall wellness. Three neighborhood inspectors have been assigned to this condensed area. While responding to complaints, these inspectors will be proactive in identifying other issues in the area. They will utilize door hangers as an advisory notice for small problems rather than starting a case at that moment and will check property two weeks later for compliance. Inspectors will also be able to offer a “compliance agreement” to work with individuals who cannot make repairs themselves or need assistance. Citizens will be able to utilize the Code Enforcement Liaison (CEL) for help and have the opportunity to avoid going to court if they follow through on the compliance agreement. The CEL was allotted $50,000 for materials (paint, equipment, dumpsters, etc.) that can help citizens and volunteers make necessary repairs/clean-up. The CEL is working to grow a network of volunteer groups to assist residents who are physically unable (e.g. elderly or disabled) to complete the work themselves. Lastly, funding for this program has allowed the City to hire an outside process server to improve the efficiency of getting court notices and warrants issued. DAB members asked the following questions and made the following comments: Q: What is the process for serving warrants? A: Calls are made and letters are mailed to notify people of upcoming court dates. Currently there are two warrant officers tasked with serving roughly 9,000 notices a year. The addition of an outside process server will provide a better opportunity for warrants to be served in the field. Q: How will we balance this project to avoid making citizens feel harassed? What about those with limited income, language barriers, or victims of illegal dumping? A: The CEL is there to help those who cannot afford to fix the issue or who are physically unable. Our neighborhood inspectors have access to translators when dealing with a language barrier. We aren’t going through and “nitpicking.” Our goal is to deal with issues that can make a difference and help stabilize a neighborhood. We want to work with citizens to identify their barriers to compliance and help them resolve it. Q: Can MABCD give referrals to contractors? A: MABCD cannot provide referrals to specific businesses, but we are able to tell you if a contractor is properly licensed. C: I had an inspector tell me I needed to tear my porch out and a different inspector tell me otherwise. A: MABCD should never tell you how to do something. The way you go about getting your property up to code is your business. Q: Will mobile parks be addressed? There is one near Pawnee and Hydraulic that appears to be 50% vacant and dilapidated. This brings down the image of this area in town. A: We have actually previously targeted that area in a special project. Many cases have been started. It’s a work in progress we are actively working on. CON2017-00042 Dave Yearout, Principal Planner, MAPD presented a request by Hamid Bakhtiari (owner/applicant) for Conditional Use for Vehicle Sales on property generally located on the Southeast corner of the intersection of Broadway Avenue and East Mount Vernon Road (210 S. Broadway Ave.). The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Hamid Bakhtiari, applicant, and Christopher Clark, agent of the applicant, were in attendance. 2 District III Advisory Board Minutes for Feb. 7, 2018 After staff presentation, Bakhtiari and Clark addressed the Board:  Property deed restrictions rule out the most desirable uses as listed in the South Central Improvement Plan (2006)  The local real estate market is not favorable for the desired uses of this property that are not restricted by the deed  The property has been vacant for two years and invites crime  The property is well-designed and includes landscaping and beautification, aesthetic signage, and potential for a community garden; it is vastly different from the current car lots on Broadway  All car services will take place in the building  Conditional use approval will set a precedent for the standard for this property Approximately five residents of the bordering neighborhoods addressed the Board and applicant/agent with their concerns. These concerns included:  Going against the South Central Improvement Plan  Unaesthetic signage  Too many car lots on Broadway Avenue  No living quarters on the property DAB members’ concerns included:  Property being sold—DAB is in favor of this in large part due to their trust in the property owner (applicant)  Car sales lot will not be a positive addition to the area Action Taken: Motion made by Tracy to APPROVE the application with the listed conditions. Seconded by Davis. MOTION PASSED 6-1-1 CON2017-00046 Dave Yearout, Principal Planner, MAPD presented a request by Munir and Barbara Razzaq (owners/applicants) for Conditional Use for Wireless Communication Facility (T-Mobile) on property generally located on the northeast corner of South Broadway Avenue and East Funston Avenue, which is on the east side of Broadway two blocks south of Harry Street. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. After staff presentation, DAB members discussed the partnership between the bordering neighborhood and business. DAB members spoke about potential ideas for use of the land and how it could work as a community garden and gathering place. The public did not have any questions or comments. Action Taken: Motion made by Davis to APPROVE the application with the listed conditions. Seconded by Tracy. MOTION PASSED 7-0-1 PUBLIC AGENDA Off-agenda items A member of the public inquired about District III’s involvement in Project Wichita. Council Member Clendenin and DAB members expressed their desire to present ideas and represent South Wichita in Project Wichita. 3 District III Advisory Board Minutes for Feb. 7, 2018 A different member of the public reported parking issues in the Hilltop neighborhood due to landlocked property. There was a discussion on the City’s limitations in dealing with private property parking disputes. BOARD AGENDA Council Member Clendenin briefed the DAB on the new Citizen’s Advisory Board for the WPD. He informed the group that the Board will review evidence in cases that involve police as a way to hold the process accountable and provide transparency to citizens. CM Clendenin also offered to arrange various tours for DAB members (e.g. Police Academy) as desired. Meeting was adjourned at 8:42 p.m. The next District Advisory Board III meeting will be held at 6:30 p.m., March 7, 2018, at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Respectfully submitted, Maddy Campbell, Community Services Representative of District III 4

Agenda

DISTRICT III ADVISORY BOARD AGENDA (REVISED) February 7, 2018 Wichita Water Center 6:30 p.m. 101 E. Pawnee Wichita, KS 67211 ORDER OF BUSINESS Call to Order Approval of Agenda for Feb. 7, 2018 Approval of Minutes for Jan. 3, 2018 STAFF REPORTS 1. Scheduled Items None PUBLIC AGENDA 2. Scheduled Items None NEW BUSINESS 3. Metropolitan Area Building and Construction Department (MABCD) Report Staff to provide overview on District III Neighborhood Inspection Pilot Program. 4. CON2017-00042 Kyle Kobe, Associate Planner, Metropolitan Area Planning Department (MAPD), will present an application on behalf of Hamid Bakhtiari with HMB Real Estate LLC, who is requesting Conditional Use for Vehicle Sales in a Limited Commercial District (LC). The site is located on a parcel that was formerly operated as a convenience store. The site plan for this project shows the proposed layout and dimensions of the various parts of the property. The site plan shows the almost 3,500 square foot building, approximately 8,400 square feet of sales parking, 14 customer and employee parking spaces (including one ADA space), and new concrete driveway. The site plan is attached. The site plan as currently composed does not meet code requirements in a few ways:  The Sales Lot area extends into the street right of way  There is no indicated parking barrier or fence corresponding to the Sales Lot area  There is no indicated screening along the eastern portion (abutting Residential) The new concrete driveway indicated on the site plan would indicate that there could potentially be plans for some level of maintenance or repair services on site, which would require separate approval. Based on the parking standards of the Unified Zoning Code (UZC) this property is required to have nine striped off street parking spaces for customers and employees. The site plan indicates five additional parking spaces beyond that. According to the information available at this time there does not appear to be any proposed screening, fencing, or other types of improvements to the parking lot site. If there is to be no fencing installed on site then parking barriers are required to be installed per UZC Article III, Section III-D.6.x.(3). At the time of this application there are many other sites along South Broadway that are used as car sales lots. A visual inspection conducted by staff showed that there were more than a dozen properties operating primarily as car lots between Kellogg and Pawnee Avenues. This includes the site located directly across the street from the subject property. The neighborhood residents have expressed that the area is already overly saturated with this specific type of use and have listed it as undesirable in the area plan this property is a part of, which will be discussed in more detail later. Recommended Action: Planning staff recommended the application be DENIED based on the information available prior to the public hearing and the adopted South Central Neighborhood Land Use Plan that strongly discourages approval of Conditional Use Permits for use Car Lots. 5. CON2017-00046 Dave Yearout, Associate Planner, MAPD, will present an application on behalf of Munir and Barbara Razzaq, who are requesting a Conditional Use to allow the placement of a 75-foot high cell tower for T-Mobile on property located at the northeast corner of South Broadway Avenue and East Funston Avenue. This property is zoned LC Limited Commercial (LC). This location is outside the area authorized for administrative approval of wireless communication facilities; therefore, the Unified Zoning Code requires a Conditional Use for a wireless communication in the LC District at the proposed location. The lot in question is a vacant property 100 feet in width (north/south) and approximately 150 feet in depth (east/west). The lot extends from Broadway Avenue on the west to the alley on the east, and consists of lots 28, 30, 32, and 34 of Block 3, Wilson’s Addition to the City of Wichita. The applicant has provided a site plan for this location that shows the location of the proposed 75- foot tower being 82 feet west of the property line of the property zoned SF-5 Single Family Residential (SF-5) on the east side of the alley. The applicant is also showing a 10-foot landscape buffer along the alley on the east side of the proposed tower compound, between the fenced portion of the compound and the alley. A landscaping buffer along the west property line, adjacent to Broadway Avenue is also proposed. The fenced portion of the compound is proposed to be 62.5 feet east/west by 40 feet north/south and generally located in the northeast portion of the lot. A six-foot, wooden privacy fence will be used around the compound. The balance of the lot is proposed to be used as a “community garden” and the applicant indicates it is working with the South Central Neighborhood Association and other community groups for this purpose. Recommended Action: Planning staff recommends that the request be APPROVED subject to the following conditions: A. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility, and the Wireless Communication Facility shall be erected within one year of approval of the Conditional Use by the MAPC or Governing Body, as applicable. B. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive color with a matte finish to minimize glare. C. The support structure shall be no taller than 75 feet in height, plus an additional five (5) feet for lightning suppression equipment. D. The equipment compound shall be screened with a six (6) foot tall solid screening fence. E. A site plan and elevation drawing indicating the approved design of the Wireless Communication Facility shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use and prior to the issuance of the Conditional Use Resolution. F. The site shall be developed in general conformance with the approved site plans. All improvements shall be completed before the facility becomes operational. G. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and "impacts to terminal instrument procedures" for the proposed wireless communication facility and shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA approval to the Metropolitan Area Building and Construction Department prior to the issuance of a building permit. H. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. I. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. PUBLIC AGENDA 6. 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 7. Updates, Issues, and Reports Reports from the Council Member and District Advisory Board Members on any activities, events, or concerns in the neighborhoods and/or Council District. Recommended Action: Provide comments/take appropriate action. 8. Adjournment The next District III Advisory Board Meeting will be at 6:30 p.m. on March 7, 2018, at The WATER Center, 101 E. Pawnee, Wichita, KS 67211.