District 3 Advisory Board

Regular Meeting

Wichita, KS · March 7, 2018

Minutes

District III Advisory Board Minutes for March 7, 2018 District III Advisory Board Minutes March 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, 10 District Advisory Board members, five City staff, and eight members of the public were present. Members Present Staff Present Ron Tracy Officer Joshua Hayes, Wichita Police David Robbins Department (WPD) Cindy Miles Lt. Michael Avila, Wichita Fire Department Paul Davis (WFD) Elena Ingle Jeff Rogers, WFD Gerald Henry Dave Yearout, Metropolitan Area Planning Catherine Johnson Department (MAPD) Daisy Olivar Kathy Morgan, MAPD Marco Alococer Maddy Campbell, Office of Community Bruce Gass Services Council Member James Clendenin 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 Feb. 7, 2018 were approved. STAFF REPORTS Police Report Officer Joshua Hayes, Beat 29, presented the February crime statistics. He reported this week District III is down on auto thefts and burglaries, but there is an increase in auto larcenies. He stated that stolen batteries are trending. WPD recovered nine out of 17 vehicles reported stolen last week and have multiple suspects for auto theft. WPD recently busted a mushroom (hallucinogenic drug) growing operation. They disposed of 500 pounds of mushrooms earlier today. DAB members asked the following questions: Q: What is the penalty for mushrooms? Is there a big mushroom problem in Kansas? A: It is a felony. This is the first case I’ve seen. Big busts for mushrooms do not happen often in Kansas. Q: Do you have any information about counterfeit money? A: It is always out there. We haven’t seen any spikes though. Fire Report Lt. Michael Avila, Station 22, provided the February fire statistics. There were 48 fire alarms, 75 service alarms, and 741 medical alarms. Of the fires, three were incendiary totaling $95,000 in damages, two accidental totaling $70,000 in damages, and two totaling $31,250 in damages are still under investigation. Lt. Avila reminded the group that Wichita is in a “Red Flag Warning”—a severe risk for fires due to dry and windy conditions—and is currently in a total burn ban. He stated no recreational fires are allowed in winds exceeding 15 mph and that improper disposal of cigarettes and sparks from machinery are common causes of fires in these conditions. WFD has recently completed a training on grass fires and has helped with grass fires in surrounding areas. 1 District III Advisory Board Minutes for March 7, 2018 Action taken: Received and filed. PUBLIC AGENDA Passageways Jennifer Garrison, CEO, presented about her nonprofit, Passageways—a private, faith-based organization providing solution-based ministry services to the homeless and near homeless veteran population with the mission to assist every veteran that walks through their doors to achieve their individual goals and provide essential tools and resources for housing stability, independence, and self-sustainability. She shared Wichita has a home that houses nine “homeless heroes” (their clients) at a time. Her program works with other organizations such as Catholic Charities, the VA, and Salvation Army to provide wrap-around, long-term services. When a veteran enters Passageways, they are helped with obtaining needed documents (ID, birth certificate, social security card, etc.) and receive assistance with learning how to manage finances. The organization works to help veterans gain employment and stable housing and connects them to needed community supports. So far they have had 55 veterans graduate from their program and have helped over 2,000 veterans in other ways. Kake News helped the organization raise over $40,000 and they are close to having their home paid off. DAB members asked the following questions: Q: How long can someone stay? A: We don’t have a time limit because we deal with different situations. Q: How do you check on your former clients? A: After they graduate they will call and text us. If they are with the VA or Salvation Army program they are assigned counselors. NEW BUSINESS CON2018-00004 Dave Yearout, Principal Planner, MAPD, presented a request by Ted Maish Jr. with CM Distributors Inc. for Conditional Use for wireless communication facility in Limited Commercial (LC) zoning located on the Northeast corner of East Mount Vernon Road and South Oliver Avenue (1940 South Oliver Avenue). The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Greg Ferris, agent of the applicant, was in attendance and answered questions. He explained the need for this tower (increase capacity for coverage) and reassured the audience about their concerns over size and physical appearance. After staff presentation, DAB members had no unresolved concerns. Action Taken: Motion made by Gass to APPROVE the application with the Staff Report conditions. Seconded by Tracy. MOTION PASSED 8-1-1 CUP2018-00004 and ZON2018-00006 Kathy Morgan, Senior Planner, MAPD presented a request by Jeff Walenta with Ron’s Sign Company for an amendment to increase permitted sign size, height, and number and allow General Commercial uses in DP-261 in the Oliver Retail Center Community Unit Plan associated with ZON2018-00006, generally located south of Kellogg on the west and east side of Oliver Street (CUP2018-00004). Applicant is also requesting City Zone Change of 3.4 acres from LC Limited Commercial to GC General Commercial, associated with CUP2018-00004; generally located south of Kellogg on the west and east side of Oliver Street (ZON2018-00006). The DAB heard the 2 District III Advisory Board Minutes for March 7, 2018 request so that Wichita residents had an opportunity to express their concerns. Will Clevenger, agent of the applicant, and John Saindon, representative of Ron’s Sign Company, were in attendance and answered questions. After staff presentation, DAB members had no concerns. Action Taken: Motion made by Davis to APPROVE the application with the Staff Report conditions. Seconded by Gass. MOTION PASSED 9-0-1 ZON2018-00007 Kathy Morgan presented a request by Joseph C. Rottinghaus with First National Bank of Conway Springs for a City Zone Change from B Multi Family Residential to GC General Commercial to create uniformity of zoning within the block, generally located just south the East Kellogg Drive and on the east side of South Main Street (121 Kellogg Avenue). The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Russ Ewy, agent of the applicant, was in attendance and answered questions. After staff presentation, DAB members had no concerns. Action Taken: Motion made by Tracy to APPROVE the application. Seconded by Gass. MOTION PASSED 9-0-1 PUBLIC AGENDA Off-agenda items A member of the public reminded the group that the NCAA basketball tournament will be in Wichita March 14-18 and that there will also be the Sunflower Swap Meet that weekend as well. Downtown will be very busy. Trolleys will travel around Old Town and be located at Lawrence Dumont Stadium to go up and down Douglas Avenue. BOARD AGENDA Council Member Clendenin briefed the DAB on an upcoming 80-acre shopping center. He reported two large regional retailers will be in this development in South Wichita. CM Clendenin also reported on how he is spending his $1 million from the Hyatt sales fund in District III. He spoke about pending grants for a pocket park in Fabrique, improvements to the BMX track at Emery Park to involve low-income youth in the sport, and the non-profit SoCe Life to initiate neighboring movements across the district. He reminded the group $150,000 has gone toward a neighborhood inspection pilot program and shared he still has $300,000 set aside to supplement programs as he sees fit. Lastly, the group decided on dates and times to tour the new Advanced Learning Library and Law Enforcement Training Center. Meeting was adjourned at 8:30 p.m. The next District Advisory Board III meeting will be held at 6:30 p.m., April 4, 2018, at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Guests Jennifer and Sean Garrison, Passageways Greg Ferris, agent for CON2018-00004 Will Clevenger, agent for CUP2018-00004 and ZON2018-00006 3 District III Advisory Board Minutes for March 7, 2018 John Saindon, representative for applicant of CUP2018-00004 and ZON2018-00006 Russ Ewy, agent for ZON2018-00007 Sheri Johnson Tom and Betty S. Michael F. John S. Respectfully submitted, Maddy Campbell, Community Services Representative of District III 4

Agenda

DISTRICT III ADVISORY BOARD AGENDA (REVISED) March 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 March 7, 2018 Approval of Minutes for Feb. 7, 2018 STAFF REPORTS 1. Police Report 2. Fire Report Recommended Action: Receive and file. PUBLIC AGENDA 3. Passageways Jennifer Garrison, CEO, will present about her nonprofit, Passageways—a private, faith-based organization providing solution-based ministry services to the homeless and near homeless Veteran population with the mission to assist every Veteran that walks through their doors to achieve their individual goals and provide essential tools and resources for housing stability, independence, and self-sustainability. NEW BUSINESS 4. CON2018-00004 Kathy Morgan, Senior Planner, Metropolitan Area Planning Department (MAPD), will present an application on behalf of Ted Maish Jr. with CM Distributors Inc., who is requesting Conditional Use for wireless communication facility in Limited Commercial (LC) zoning located on the Northeast corner of East Mount Vernon Road and South Oliver Avenue (1940 South Oliver Avenue). The applicant is requesting a Conditional Use to allow the placement of a 100-foot tall cell tower for T-Mobile on property located south of Taft Avenue on the east side of Custer Avenue, just north of Kellogg 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 leased portion of the land owned by the applicant which is dominated by the commercial building on the property. The leased area for the wireless communication tower, which is immediately on the west side of the building at the north property line, will result in the tower being screened from view to the east, but will be visible to the west and along Oliver Avenue and Mount Vernon Road. However, it is noted for the record that large power poles for the transmission lines for Westar are along the east side of Oliver in this immediate area and also dominate the viewscape along this traffic corridor. The applicant has provided a site plan for this location that shows the location of the proposed 100- foot tower being within the 45-foot by 45-foot fenced compound, which is the lease area on this lot. A six-foot, wooden privacy fence will be used around the compound. Access to the lease site will be from a drive entrance onto Oliver Avenue to the east. This will be a monopole structure of a neutral color, much like other towers within the community. The applicant has noted a small tower at Allen Elementary School to the east, which is not capable of addressing the carrier’s needs. This tower is over 150 feet from any property zoned residential; which is to the east and west. The character of the surrounding area is mixed. The two most dominant use is Allen Elementary School to the east. There are commercial properties to the north and south along Oliver Avenue. Some residential uses are on the west side of Oliver Avenue to the west of the property. 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 100 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. 5. CUP2018-00004 and ZON2018-00006 Kathy Morgan, will present an application on behalf of Jeff Walenta with Ron’s Sign Company, who is requesting an amendment to increase permitted sign size, height, and number and allow General Commercial uses in DP-261 in the Oliver Retail Center Community Unit Plan associated with ZON2018-00006, generally located south of Kellogg on the west and east side of Oliver Street (CUP2018-00004). Applicant is also requesting City Zone Change of 3.4 acres from LC Limited Commercial to GC General Commercial, associated with CUP2018-00004; generally located south of Kellogg on the west and east side of Oliver Street (ZON2018-00006). The subject site is the Oliver Retail Center Community Unity Plan (CUP) DP-261, which is located south of East Kellogg and on either side of Oliver Avenue. Total acreage of DP-261 is approximately 8.54 acres. The applicant is requesting a zone change to Parcel B and Parcel E (approximately 3.4 acres) from LC Limited Commercial (LC) to GC General Commercial (GC). Specific GC uses shall be prohibited as enumerated in General Provision #16. The proposed zone change will allow a broader range of uses than those allowed in LC. In addition to amending General Provision #16, amendments are proposed to the general provisions for signage in General Provision 6(E) and General Provision #14 for consideration of exterior building materials. In general, the amendment to the signage increases the total square footage and allocates the location of the signage. The proposed zone change and CUP amendment to the existing CUP provides a broader range of uses and addresses potential tenant needs. The proposed CUP language for DP-261 is attached. This CUP was established in 2008 in response to significant redevelopment of the properties resulting from the improvements to Kellogg Avenue. The Community Unit Plan was created and the property was replatted at that time, which addressed the redevelopment. The land remained zoned LC Limited Commercial. The current CUP has no GC zoning. Land to the north of the application area is approximately 300 feet of Kellogg right-of-way. Properties located to the east (across South Oliver Avenue) are zoned LC and developed with convenience store and retail strip center. Properties to the west are zoned TF-3 Two-Family Residential (TF-3) and developed with single family residences. Property south of the site is zoned TF-3 and developed with Jefferson Elementary School. Recommended Action: Planning staff recommends that the request be APPROVED subject to the following conditions: A. APPROVE the zone change (ZON2018-00006) to GC for Parcels B and E in DP-261. B. APPROVE the Amendments to CUP DP-261, subject to the following conditions: 1. The amendments shall apply only to the parcels as specified in General Provision #6; the language added to General Provision #14 regarding building materials approved by the Director of Planning; and General Provision #16. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 2. The transfer of title of all or any portion of the land included within the Community Unit Plan does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land for commercial development and be binding upon the present owners, their successors and assigns, unless amended. 3. Prior to publishing the ordinance/resolution establishing the zone change, the applicant(s) shall record a document with the Register of Deeds indicating that this tract (referenced as DP-261) includes special conditions for development on this property. 4. The applicant shall submit four revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. 6. ZON2018-00007 Kathy Morgan, will present an application on behalf of Joseph C. Rottinghaus with First National Bank of Conway Spring, who is requesting a City Zone Change from B Multi Family Residential to GC General Commercial to create uniformity of zoning within the block, generally located just south the East Kellogg Drive and on the east side of South Main Street (121 Kellogg Avenue). The applicants are requesting to change the zoning on property located just south of East Kellogg Drive and on the east side of South Main Street from B Multi Family Residential to GC General Commercial. This request arises from the desire of the property owner to have zoning uniformity on their property at this location. North of the site is the principle structure and use of this property, zoned GC General Commercial, and Highway 54 just north of that. East of this site is a commercial/warehouse use (Lewis Street Glass Co.), zoned GC General Commercial. South of this site is a commercial building, zoned LC Limited Commercial. West of this site is a hotel/motel use, zoned LC Limited Commercial. Recommended Action: Planning staff recommends that the request be APPROVED. PUBLIC AGENDA 7. 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 8. 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. 9. Adjournment The next District III Advisory Board Meeting will be at 6:30 p.m. on April 4, 2018, at The WATER Center, 101 E. Pawnee, Wichita, KS 67211.