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District 3 Advisory Board

Regular Meeting

Wichita, KS · August 1, 2018

AgendaMinutes

Minutes

District III Advisory Board Minutes for Aug. 1, 2018 District III Advisory Board Minutes August 1, 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, nine District Advisory Board members, one City staff, and sixteen members of the public were present. Members Present Staff Present Jared Cerullo Kathy Morgan, Senior Planner David Robbins Maddy Campbell, Office of Community Services Marco Alcocer Ron Tracy Michael Loop Gerald Henry Daisy Olivar Catherine Johnson Paul Davis Council Member James Clendenin Members Absent Bruce Gass Cindy Miles ORDER OF BUSINESS At 6:32 p.m. Council Member James Clendenin called the meeting to order. The agenda for the current meeting was approved. The Minutes for July 2, 2018 were approved. STAFF REPORTS None PUBLIC AGENDA 1. International Rescue Committee Harold Schlechtweg, Advocacy Coordinator, presented on IRC, a refugee resettlement agency, and its activity in Wichita and District III specifically. IRC is located in District III at Harry and Oliver. Many refugees choose to live close to the IRC office, so there is a significant number (231) in District III. He informed the group that refugees are legal residents and are not here (in the U.S.) due to poverty, but are here because they have good reason to fear persecution due to race, political group, religion, social group, etc. There are 65.6 million people displaced from their homes due to persecution with 51 percent being children. Kansas has three agencies that work with refugees; two of the three are located in Wichita (IRC and Episcopal Social Services). All refugees are vetted extremely closely before they are allowed to come to the U.S. The Department of Homeland Security vets them overseas. If they cannot document their past and kinship networks, they are denied. Once refugees have been cleared to come to the U.S. and placed, the IRC comes in to help with the transition. IRC offers employment and ESL/EFL services, which they are required 1 District III Advisory Board Minutes for Aug. 1, 2018 to utilize. Within six weeks most of IRC’s refugees are self-sufficient. IRC also provides immigration services to those who become eligible. Q(DAB): When a refugee comes to the U.S. are they citizens? A: No. They are legally here though and we encourage them to apply for a green card. After five years of having a green card they can apply for citizenship. Q(DAB): What is the difference between a refugee and what is happening on the Mexican border? A: These people have been thoroughly vetted by the FBI, Homeland Security, all the intelligence groups, and are also vetted by the United Nations as victims of some type of war/persecution. These people have gone through a process and the people coming in on the Southern Border seeking asylum have not gone through that process. Action taken: Received and filed. NEW BUSINESS 2. CUP2018-00024 and ZON2018-00020 Kathy Morgan, Senior Planner presented an application on behalf of Charles Bucinski, President, Starlite Drive-In Theatre Corp (Applicant) and Russ Ewy, Baughman Company (Agent) for Commercial CUP with zone change from GC General Commercial to LI Limited Industrial (ZON2018-20) to allow additional industrial and commercial uses. Site is generally located at the northeast corner of MacArthur Road and Hydraulic Avenue (3900 S. Hydraulic). 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 and residents in attendance had questions and some concerns. Concerns were focused on the possibility of unsavory industrial developments going on the property. The agent and staff were able to ease concerns by addressing the required conditions, what the current CUP prohibits, and what steps the agent and applicant have taken to work with the nearby community. Q(DAB): It seems like the agent has been vague about why he is requesting the zoning change. There is no specific reason, other than listing future changes to the business. That is a concern. A(Russ): About 40% of all the cases our company represents are futuristic. This is for estate planning purposes. Q(DAB): Why does there need to be a zone change, rather than taking off the stipulation the property can only be used as a drive-in theater? A(Russ): Half of the lot is already zoned industrial and by making it uniform it becomes more marketable and useable. Q(public): Can storage buildings or car lots go in there? A(Russ): Car lots are prohibited, but storage buildings are allowed. Action Taken: Motion made by DAVID ROBBINS to ACCEPT the application with the Staff Report conditions. Seconded by RON TRACY. MOTION PASSED 8-0-1 3. ZON2018-00026 Morgan presented an application on behalf of Joselito and Imee Magno, owners (Applicant) for a request for the rezoning of the east 119.5 feet of Lot 1, Block 2 of the Louis Addition (0.25 acre) at this location from 2 District III Advisory Board Minutes for Aug. 1, 2018 SF-5 Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The property is currently vacant and generally located on the south side of East MacArthur Road and west of Hydraulic Avenue adjacent to 1503 E. MacArthur Rd. The applicants were not present. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. After staff presentation, DAB members and residents in attendance had few questions and presented no concerns. The group was informed there is only one duplex going in and it is unknown whether it will be owner-occupied on one side. Action Taken: Motion made by TRACY to ACCEPT the application as submitted. Seconded by PAUL DAVIS. MOTION PASSED 9-0-0 4. ZON2018-00027 Morgan presented an application on behalf of Jim Barnum, Kaw Valley Engineering (Applicant) and Levi Bond (Agent) for a zone change from SF-5 Single Family Residential to GC General Commercial generally located north of MacArthur Road, 750 feet east of South Broadway Avenue. Agent and applicant were in attendance and answered questions. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. After staff presentation, DAB members and residents in attendance had few questions and presented no concerns. Action Taken: Motion made by DAVIS to ACCEPT the application with the Staff Report conditions. Seconded by OLIVAR. MOTION PASSED 9-0-0 5. CON2018-00028 Morgan presented an application on behalf of Kortney and Tammy Capello for a request for Conditional Use for an accessory apartment generally located south of East Harry Street and east of South Washington Avenue (1710 S. Ida Ave.). The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Neither the applicant nor agent were in attendance. After staff presentation, DAB members and residents in attendance had few questions and presented minimal concerns. One DAB member remarked that property is being utilized in a way that supports the mission of the Infill Committee. Another DAB member commented he did not approve of the intended use for the accessory apartment for personal reasons. Action Taken: Motion made by ROBBINS to ACCEPT the application with the Staff Report conditions. Seconded by JARED CERULLO. 3 District III Advisory Board Minutes for Aug. 1, 2018 MOTION PASSED 8-0-1 6. CON2018-00029 Morgan presented an application on behalf of Mark A. Michaelis, WAM Capital Corporation (Applicant) and Julius Miller and Jack Engle and Company (Agent) for Conditional Use to allow conversion of an existing building to a facility for the indoor collection, processing, storage and shipping of aerospace waste materials. The plans call for the conversion of the existing building at 3001 S. Madison Ave. for the proposed use. The narrative provided with the application provides the detailed operations of the facility, which will have all work conducted indoors. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Julius Miller, agent of the applicant, was in attendance and answered questions. Q(DAB): As I understand, there will be no noticeable difference to the property? A: Correct. Q(DAB): How do you recycle oil? A: Everything is drained in a container and a local company comes and takes them away. Q(DAB): Will you be adding employees? A: Yes, that’s the intention. Q(DAB): Do you deal with magnesium? Is there fire hazard with that? A: We do not deal with much magnesium. We only have one client that deals with it and we follow safety procedures and have a magnesium fire extinguisher on site just in case. Q(public): Will there be an odor? A: It should not be noticeable. Q(public): What are your hours of operation? A: We typically operate between 7 a.m. – 5 p.m., but can start as early as 5 a.m. With the company growing we are considering adding a second shift. Since all our processes are held inside noise issues should be kept to an absolute minimum. Q(public): What will happen after your lease ends in three years? A: If we do not renew the lease we are required to and will restore the property to its original status. There will be no residual components to affect the environment. Q(public): Will there be large truck traffic? A: Truck traffic will increase in the area. We are shipping between 12-14 trucks a month currently and predict it will be up to 30 trucks a month with growth. All of our shipping is done via common carrier. There could be one to seven trucks a day. We would limit truck traffic to the 7 a.m. - 4 p.m. timeframe and can direct them down roads away from residences. After staff presentation and comments made by the agent, DAB members and residents in attendance presented no significant concerns aside from increased truck traffic. Possible solutions will be explored with Public Works & Utility. Action Taken: Motion made by ROBBINS to ACCEPT the application with the Staff Report conditions. Seconded by TRACY. MOTION PASSED 9-0-0 7. CON2018-00030 Morgan presented an application on behalf of James Wyatt (Applicant) and Bill Johnson, Evans Building Company for a request for Conditional Use for indoor wrecking/salvage on property zoned LI Limited Industrial, generally located west of South Washington Avenue and north of East Lincoln Street (1114 S. Santa Fe Ave.). 4 District III Advisory Board Minutes for Aug. 1, 2018 The DAB heard the request so that Wichita residents had an opportunity to express their concerns. Neither the applicant nor the agent were present. After staff presentation, DAB members and residents in attendance had few questions and presented no concerns. Action Taken: Motion made by CERULLO to ACCEPT the application with the Staff Report conditions. Seconded by DAVIS. MOTION PASSED 9-0-0 PUBLIC AGENDA Off-agenda items BOARD AGENDA CM Clendenin spoke to the group about a recent zoning item at DAB and budget items. CM Clendenin revisited a past zoning case to explain why City Council approved the request despite the DAB voting against it. He shared additional restrictions that were added to the request and stated that with those conditions added it was difficult for Council to legally deny the request. CM Clendenin thanked everyone who participated in the budget discussion. He shared that because of the meetings and public input, Clapp Golf Course is going to be left in place in this current budget until a master plan for the property is developed. He shared that the libraries that were slated to be closed are staying open for the time being. He discussed the importance of public participation in these quality of life conversations (in regard to City-funded amenities) and stated the need to explore ways to increase City funding (sales tax or mill levy increase). Meeting was adjourned at 9:18 p.m. The next District Advisory Board III meeting will be held at 6:30 p.m., Sept. 5, 2018, at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Guests Sheri Johnson Melody Stucky Vernie Wollard Marjorie Griffith David Kapaun Russ Ewy J.D. Croley Chad Rash Irma Darlington Jim B. Ray Darlington Respectfully submitted, Maddy Campbell, Community Services Representative of District III 5

Agenda

DISTRICT III ADVISORY BOARD AGENDA (REVISED) Aug. 1, 2018 Wichita Water Center 6:30 p.m. 101 E. Pawnee Wichita, KS 67211 ORDER OF BUSINESS Call to Order Approval of Agenda for Aug. 1, 2018 Approval of Minutes for July 2, 2018 STAFF REPORTS 1. Police Report 2. Fire Report Recommended Action: Receive and file. PUBLIC AGENDA 3. International Rescue Committee (IRC) Harold Schlechtweg, Advocacy Coordinator, will present on IRC, a refugee resettlement agency, and its activity in Wichita and District III specifically. Recommended Action: Receive and file. NEW BUSINESS 4. CUP2018-00024 and ZON2018-00020 Kyle Kobe or Kathy Morgan, Associate Planner/Senior Planner will present an application on behalf of Charles Bucinski, President, Starlite Drive-In Theatre Corp (Applicant) and Russ Ewy, Baughman Company (Agent) for Commercial CUP with zone change from GC General Commercial to LI Limited Industrial (ZON2018-20) to allow additional industrial and commercial uses. Site is generally located at the northeast corner of MacArthur Road and Hydraulic Avenue (3900 S. Hydraulic). Recommended Action: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED, subject to the following conditions: 1. The proposed General Provisions be modified to include:  Provision 9.B., 9.C., and 9.D. shall apply to all parcels  Addition of a general provision stating that all utilities shall be installed underground on all parcels  Addition of a general provision stating that a pedestrian walk system shall be submitted and approved by the Director of Planning. The walk system shall link sidewalks along Hydraulic Avenue and MacArthur Road with the proposed building within the development. 2. The General Provisions and Parcel Description language shall be modified to read in accordance with the attached recommendation (and to include staff’s recommendation in Condition 1 of approval) on the final CUP drawing, and to reflect the proposed. 3. The site shall be developed in substantial conformance with the revised development guidelines and general provisions of the approved CUP. 4. The applicant shall submit four copies of the approved CUP within 60 days of final approval to the Metropolitan Area Planning Department or the amendment shall be deemed null and void. 5. ZON2018-00026 Kyle Kobe or Kathy Morgan, Associate Planner/Senior Planner will present an application on behalf of Joselito and Imee Magno, owners (Applicant) for a request for the rezoning of the east 119.5 feet of Lot 1, Block 2 of the Louis Addition (0.25 acre) at this location from SF-5 Single Family Residential (SF- 5) to TF-3 Two Family Residential (TF-3). The property is currently vacant and generally located on the south side of East MacArthur Road and west of Hydraulic Avenue adjacent to 1503 E. MacArthur Rd. Recommended Action: Based upon the information available at the time the staff report was completed, staff recommends the request be APPROVED as submitted. 6. ZON2018-00027 Kyle Kobe or Kathy Morgan, Associate Planner/Senior Planner will present an application no behalf of Jim Barnum, Kaw Valley Engineering (Applicant) and Levi Bond (Agent) for a zone change from SF- 5 Single Family Residential to GC General Commercial generally located north of MacArthur Road, 750 feet east of South Broadway Avenue. Recommended Action: Based upon information available prior to the public hearing, planning staff recommends that the requested GC zoning be APPROVED, subject to the following conditions: 1. The site shall be platted prior to issuance of any building permits. 2. P.O. #21 shall be expanded to include the subject property. 3. The site shall be developed in accordance to an approved site plan, which shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use. 4. The subject property shall have a privacy fence along property lines adjacent to SF-5 zoned property. The metal panel fence shall be a single color and shall be white, gray, tan or similar non-bright color. 5. The applicant shall maintain at all times an active program for the eradication and control of rodents. 6. Any locking devices on entrance gates shall meet Fire Department requirements. Access to and within the warehouse/self-storage facility shall be provided by fire lanes per the direction and approval of the Fire Department. 7. If the Zoning Administrator finds that there is a violation of any of the conditions of the re-zoning, the Zoning Administrator, in addition to enforcing the other remedies set forth in the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the zone change null and void. 7. CON2018-00028 Kyle Kobe or Kathy Morgan, Associate Planner/Senior Planner will present an application on behalf of Kortney and Tammy Capello for a request for Conditional Use for an accessory apartment generally located south of East Harry Street and east of South Washington Avenue (1710 S. Ida Ave.). Recommended Action: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, with the following conditions: 1. The accessory apartment shall remain accessory to and under the same ownership as the principal single- family residence and the ownership shall not be divided or sold as a condominium. 2. The water and sewer provided to the accessory apartment shall not be provided as separate services from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services. 3. The applicant shall obtain all applicable permits including, but not limited to: building, health and zoning. This will include turning in plans for review and approval by the MABCD for the addition to the detached garage for the accessory apartment. 4. Development and maintenance of the site shall be in conformance with the approved site plan. 5. If the accessory apartment is not in place within 12 months after final approval, or 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. 8. CON2018-00029 Kyle Kobe or Kathy Morgan, Associate Planner/Senior Planner will present an application on behalf of Mark A. Michaelis, WAM Capital Corporation (Applicant) and Julius Miller and Jack Engle and Company (Agent) for Conditional Use to allow conversion of an existing building to a facility for the indoor collection, processing, storage and shipping of aerospace waste materials. The plans call for the conversion of the existing building at 3001 S. Madison Ave. for the proposed use. The narrative provided with the application provides the detailed operations of the facility, which will have all work conducted indoors. Recommended Action: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED, subject to the following stipulations: 1. Applicant shall submit a site plan within 60 days of approval that is in compliance with both the Unified Zoning Code and the Landscape Ordinance. 2. .No material shall be stored outdoors. 3. The applicant shall obtain all applicable inspections, permits, and licenses. The site shall be maintained and operated in general conformance with the approved site plan and conditions of approval. 4. 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. 9. CON2018-00030 Kyle Kobe or Kathy Morgan, Associate Planner/Senior Planner will present an application on behalf of James Wyatt (Applicant) and Bill Johnson, Evans Building Company for a request for Conditional Use for indoor wrecking/salvage on property zoned LI Limited Industrial, generally located west of South Washington Avenue and north of East Lincoln Street (1114 S. Santa Fe Ave.). Recommended Action: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED, subject to the following stipulations: 1. Applicant shall submit a site plan within 60 days of approval that is in compliance with both the Unified Zoning Code and the Landscape Ordinance. 2. No material shall be stored outdoors. 3. The applicant shall obtain all applicable inspections, permits, and licenses. The site shall be maintained and operated in general conformance with the approved site plan and conditions of approval. 4. 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 10. 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 11. 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. 12. Adjournment The next District III Advisory Board Meeting will be at 6:30 p.m. on Sept. 5, 2018, at The WATER Center, 101 E. Pawnee, Wichita, KS 67211.