Muyni
← Back to Wichita

District 3 Advisory Board

Regular Meeting

Wichita, KS · June 5, 2019

AgendaMinutes

Minutes

District III Advisory Board Minutes for June 5, 2019 DISTRICT III ADVISORY BOARD MINUTES June 5, 2019 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, three City staff, and twelve members of the public were present. Members Present Staff Present Bruce Gass Elizabeth Goltry, Budget Officer, Finance Cindy Miles Department Daisy Olivar (non-voting member at this time) Philip Zevenbergen, Associate Planner, David Robbins Metropolitan Area Planning Department Gerald Henry Maddy Campbell, Community Services Jared Cerullo Representative Michael Loop Paul Davis Ron Tracy CM Clendenin Members Absent Catherine Johnson Marco Alcocer ORDER OF BUSINESS At 6:31 p.m. CM Clendenin called the DAB meeting to order. The current Agenda and Minutes for May 1, 2019 were approved. There were no Staff Reports this month. NEW BUSINESS 1. Budget Simulator Elizabeth Goltry, Budget Officer, Finance Department presented on the development of the 2020-2021 Proposed Budget and 2019-2028 Proposed Capital Improvement Program (CIP). She also talked about and showed the group the City’s Budget Simulator and requested that they encourage others to utilize the application. The Budget Simulator will be open for responses until June 15. The Social Media Town Hall on June 26 will provide another opportunity for residents to provide feedback on the budget. Community input is being sought at all DAB’s in June prior to the 2020-2021 Proposed Budget and the 2019-2028 Proposed Capital Improvement Program being finalized in July. DAB and the public made and asked the following questions and comments: DAB: What is the cause of the deficits starting in 2021 (slide 14 of the PowerPoint)? A (Goltry): The deficits starting in 2021 are the result of structural deficits. Our expenditures grow and outpace our revenues. We do not expect interest earnings to be as strong in future years as they are now. DAB: When will the Kellogg improvements be paid off? 1 District III Advisory Board Minutes for June 5, 2019 A (Goltry): The last project will need to be finished then the bonds will probably be issued next year. DAB: Slide 10 of the PowerPoint shows a dramatic increase with Police and Fire. Has that translated to more officers on the ground? A (Goltry): There are more fire officers and we have also added police officers. On the civilian side, there are a third less positions available than there used to be and we contracted out a lot of services. DAB: I keep harping on land use. Is anybody in the City working with anyone on marketing spaces that are available that already have streets, fire hydrants, etc.? A (CM Clendenin): Yes, it is called infill development. Our comprehensive plan focuses heavily on infill development. When this city expanded rapidly east and west, it caused a strain on maintenance. We cannot continue to expand east and west that rapidly, nor can we move into other cities’ areas of zoning influence. We have to concentrate more on how we are going to develop inside the city and address the expense barrier to that. City Council recently passed the Places for People Plan that sets forth a plan and zoning changes to facilitate infill development. We also let the market develop where it will. For instance, Wichita does not have a lot of warehouses that are big enough to handle a large-scale operation or significant work population, so a lot of businesses are going to Park City, because they offer great incentives. The City came up with an incentive program to help with that and some businesses are taking advantage. It is tough to compete with what Park City is doing though. Our citizens have told us that they do not want us to continue giving cash to businesses to come here. Public: How would you summarize what the CIP is in a sentence or two? A (Goltry): The CIP is a 10 year program (document) that guides any capital investments the City of Wichita will make. Those are large construction infrastructure projects. DAB: I did the Budget Simulator based on what I want to see and it increased my property taxes by about $67 a year. If this is a frequent result with the Budget Simulator, how will the City determine if it is going to raise taxes? A (CM Clendenin): There are a lot of people that do not want any sort of tax increase. It has been 25 years since the City has increased the mill levy rate. The Budget Simulator is just a tool for us, an idea of what people really want. If we can find a way to deliver those services without raising taxes we will. If we find out the community wants us to raise the mill levy, then that will go on a ballot and democracy can take place. Public: What is the maximum mill levy the State will allow the City to increase? A (Goltry): For the last few years Kansas passed a property tax lid that applies to cities. On the general fund side there are limitations. Any growth related to new construction is exempt from the lid. Any growth related to reappraisal is limited to a lookback of a few years of the CPI. There is not a precise figure. DAB: How many buildings does the City own? I have heard it is around 600. Is anyone looking at selling some of those properties to decrease maintenance costs and/or to make money? A (CM Clendenin): Many buildings included in that count are part of HUD Housing. The federal government helps subsidize HUD costs. 2 District III Advisory Board Minutes for June 5, 2019 DAB: My wife and I own a small piece of property that is commercially zoned. We have not done anything with it outside of maintenance for four years and my appraisal went up 44 percent. A: You can protest the appraisal. Typically, if your property appraisals are going up that means economic activity in the area is good. Action Taken: Received and filed. 2. PUD2019-00006 Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department presented an application on behalf of Gregory L. and Tina M. Dunnegan (Owner/Applicant)/Greg Ferris, Ferris Consulting (Agent) for a change in zoning from SF-5 Single-Family Residential and GC General Commercial to a PUD Planned Unit Development to create PUD #64 Joyland Development Complex. The site is generally located on the west side of South Hillside Avenue and one-half mile south of East Pawnee Avenue (2801 S. Hillside Ave.). The applicant is seeking a PUD to allow for mixed-use development across the 57-plus acres. Proposed ideas for use include: storage for applicant’s personal businesses (fireworks and event tents), possible development of restaurants and/or businesses along South Hillside Avenue, event space (for weddings or larger events such as KFDI Days, rodeos, weekend carnivals, etc.), outdoor entertainment, and a revenue-generating sign plan. The DAB heard the request so that Wichita residents had an opportunity to express their concerns. The agent and applicant were in attendance. The DAB and public were generally supportive of the proposed plan and the agent/applicant’s requested amendments to the MAPD Staff Report. The group felt positive that this property is finally being invested in and developed after remaining vacant and subsequently harboring numerous nuisance issues for many years. The group also felt as though the agent/applicant have taken appropriate measures and will act in good faith to be a respectful neighbor to the surrounding residential community and nearby school. The main concerns about development at this property revolved around prohibiting unfavorable operations (e.g. sexually-oriented businesses), mitigating problems caused by increased traffic, possibility of increased drainage into on-site creek, and ensuring noise levels do not become a nuisance for the surrounding neighborhood. The agent was able to alleviate many of these concerns by speaking to the following points:  The PUD explicitly prohibits the mentioned undesirable uses.  The plan proposes solutions to deter traffic from the surrounding residential streets and increases the number of entrances to the property. Large events may create traffic congestion on South Hillside Avenue, but that impact will be minimized by the infrequency of such events and the requirement to have security present at those events which will then help to direct traffic at the conclusion of the event.  There are no current plans for any development that would impact drainage on site. Should the applicant choose to pursue development that could impact existing drainage in the future, he will need to go through a regulated, formal process that ensures City engineers approve a drainage plan.  The surrounding residential areas will be protected by the City’s noise ordinance. The applicant is prohibited from hosting any activity or operation that will increase the current ambient noise level in the area. The DAB and public asked and made the following summarized questions and comments: 3 District III Advisory Board Minutes for June 5, 2019 DAB: How many signs will there be and where will they be located? A: The site plan has the majority of signs located along the interstate (I-135) oriented toward northbound traffic and some signage along South Hillside Avenue near the main entrance. The number of signs and spacing between them is regulated by the State. DAB: Why are there restrictions on the number of internal signs and the ability to freely move them without MAPD approval? A: That is how the code is written. This property is unique in its large size. The code is likely written that way to address frontage signs and signage along the right of way. Most businesses are not erecting signs in the back of their property. DAB: How many people are expected at the various types of events? What are the security requirements? A: If the property is used as a wedding venue, you can expect 300-400 people. A larger event, such as a rodeo or carnival, could attract 4,000-5,000 people. Any event with 40 or more people triggers a security requirement. The number of required security staff on site increases with the amount of people. Public: I do not support there being four signs along I-135 near the Pawnee exit, as I feel they will distract drivers. Public: They need to be required to construct a sidewalk on site if business is being conducted at this property. Public: I think there needs to be a requirement for events to end by 10 or 11 p.m. on work nights because of noise concerns for the surrounding residential areas. DAB: There should be a limit on event attendance at this property with a maximum capacity of 2,000 people. Comments: That would be very difficult to enforce and likely detrimental to some of the proposed event plans. The surrounding area seems excited to see vibrancy brought back to this area through some of these possible events. Action Taken: Motion made by Bruce Gass and seconded by Ron Tracy to APPROVE the application with the agent/applicant’s requested signage amendments to the MAPD Staff Report. Motion PASSED 6-1-1. Requested signage amendments include:  Allowance for all off-site signs to have a maximum height of 55 feet (in contrast to staff’s recommended maximum height of 45 feet)  Allowance for three off-site signs in Parcel 3 (in contrast to staff’s recommended two off-site signs)  Allowance of eight internal signs with the flexibility to be moved without MAPD approval in Parcel 2 (in contrast to staff’s recommended six internal signs with an approval requirement for them to be moved)  Allowance of four internal signs with the flexibility to be moved without MAPD approval in Parcel 3 (in contrast to staff’s recommended three internal signs with an approval requirement for them to be moved) 3. CON2019-00016/ZON2019-00016 4 District III Advisory Board Minutes for June 5, 2019 Zevenbergen presented an application on behalf of Ross Parkway Apartments II, LLC (Applicant)/Ferris Consulting (Agent) for a zone change to LC Limited Commercial and a Conditional Use for Outdoor Vehicle Sales generally located on the east side of South Hillside Avenue approximately one-quarter mile north of East 31st Street South (3002 S. Hillside Ave.). The DAB heard the request so that Wichita residents had an opportunity to express their concerns. The agent was in attendance. The agent informed the group the applicant is already operating an auto repair business at this location and the request is being made to allow him to sell cars that are not picked up after being repaired. The applicant already has a license to sell cars at a different address and would like this address to be included. MAPD generally supports the recommendation for vehicle repair shops to have the ability to sell vehicles. DAB’s only apprehension was related to a nearby poorly-operated auto repair shop. DAB would like to make sure that this property will not become overrun with inoperable vehicles. This concern was alleviated by the listed conditions and by sharing the zoning regulations pertaining to that nuisance concern. Action Taken: Motion made by Bruce Gass and seconded by Paul Davis to APPROVE the application with listed conditions. Motion PASSED 7-0-1. PUBLIC AGENDA 4. Off-Agenda Items No items were presented. BOARD AGENDA 5. Updates, Issues, Reports CM Clendenin shared that conceptual plans for the future use of Clapp Park were presented to City Council recently. Next the City will need to create a master plan which will incorporate the conceptual plans produced from the Clapp Transformation Committee. Projects from the master plan can then be placed in the CIP and other funding sources can be explored. He also shared that there are no further City plans for additional construction on Kellogg. City Council feels future projects on Kellogg that will benefit other cities, such as Andover or Goddard, should be at least partially funded by those cities. Paul Davis shared an issue about increased water pressure in his neighborhood and the cost to regulate it. CM Clendenin advised that before people undertake plumbing work, they contact the City to have inspectors look at it. Action Taken: Received and filed. ADJOURNMENT The meeting was adjourned at 8:40 p.m. The next District III Advisory Board meeting will be held at 6:30 p.m. on July 3, 2019 at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Guests Richard Ruth Logan Mills 5 District III Advisory Board Minutes for June 5, 2019 Greg Dunnegan D. Bernice Mead Diana E. Respectfully submitted, Maddy Campbell, Community Services Representative, District III 6

Agenda

District III Advisory Board Agenda for June 5, 2019 DISTRICT III ADVISORY BOARD AGENDA 6:30 p.m. June 5, 2019 WATER Center, 101 E. Pawnee, Wichita, KS 67211 ORDER OF BUSINESS  Call to Order  Approval of Agenda for June 5, 2019  Approval of Minutes for May 1, 2019  Note: No scheduled Staff Reports NEW BUSINESS 1. Wichita Budget Simulator and Preliminary Budget Overview Staff from the Finance Department will present the Wichita Budget Simulator (https://wichita.budgetsimulator.com/). The City Manager is in the process of coordinating the development of the 2020-2021 Proposed Budget and 2019-2028 Proposed Capital Improvement Program (CIP). The Budget Simulator has been available for residents to provide feedback since May 13, and will be open for responses until June 15. The Social Media Town Hall on June 26 will provide another opportunity for residents to provide feedback on the budget. Community input is being sought at all DAB’s in June prior to the 2020-2021 Proposed Budget and the 2019-2028 Proposed Capital Improvement Program being finalized in July. Recommended Action: Receive and file. Presentation: https://www.wichita.gov/Council/DABAgendasMinutes/2019-06- 05%20DAB%20III%20Budget%20Presentation.pdf 2. PUD2019-00006 Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an application on behalf of Gregory L. and Tina M. Dunnegan (Owner/Applicant)/Greg Ferris, Ferris Consulting (Agent) for a change in zoning from SF-5 Single-Family Residential and GC General Commercial to a PUD Planned Unit Development to create PUD #64 Joyland Development Complex. The site is generally located on the west side of South Hillside Avenue and one-half mile south of East Pawnee Avenue (2801 S. Hillside Ave.). Recommended Action: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED subject to the following conditions: 1) General Provisions shall be approved as per the revised PUD #64 Provisions as follows: a. General Provision 13. Property must be platted before any building permits will be issued. b. Parcel 2 Signage: On-Site Signage shall be a minimum of 15 ft. from residential property lines. Two on-site signs are allowed with a maximum size of 400 sq. ft. and a maximum height of (45 ft.). (One) off-site (sign is) allowed with a maximum size of 672 sq. ft. and a maximum height of (45 ft.) No more than (six) ground or pole signs less than 200 sq. ft. and less than 20 ft. in 1 District III Advisory Board Agenda for June 5, 2019 height are allowed anywhere on Parcel 2, and any placement of ground or pole signs must be approved by the planning director. Signage plan may be changed with a PUD adjustment. c. Parcel 3 Signage: On-Site Signage shall be a minimum of 15 ft. from residential property lines. Three on-site signs are allowed with a maximum size of 400 sq. ft. and a maximum height of 45 ft. Two off-site signs are allowed with a maximum size of 672 sq. ft. One shall have a maximum height of 55 ft. and the other shall have a maximum height of 45 ft. No more than (three) ground or pole signs less than 150 sq. ft. and less than 20 ft. in height are allowed anywhere on Parcel 3, and any placement of ground or pole signs must be approved by the planning director. Signage plan may be changed with a PUD adjustment. d. Other provisions of PUD #64 shall be approved as listed. 2) The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #64 Joyland Development Complex PUD) has special conditions for development on the property. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2019-06- 05%20DAB%20III%20PUD2019-00006%20Staff%20Report.pdf Site Plan: https://www.wichita.gov/Council/DABAgendasMinutes/2019-06- 05%20DAB%20III%20PUD2019- 00006%20Joyland%20Development%20Complex%20Planned%20Unit%20Development.pdf Sign Plan: https://www.wichita.gov/Council/DABAgendasMinutes/2019-06- 05%20DAB%20III%20PUD2019-00006%20Staff%20Report.pdf 3. CON2019-00016/ZON2019-00016 Zevenbergen will present an application on behalf of Ross Parkway Apartments II, LLC (Applicant)/Ferris Consulting (Agent) for a zone change to LC Limited Commercial and a Conditional Use for Outdoor Vehicle Sales generally located on the east side of South Hillside Avenue approximately one-quarter mile north of East 31st Street South (3002 S. Hillside Ave.). Recommended Action: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED with the following conditions: 1) In addition to the uses permitted in the LC Limited Commercial district, the site shall be limited to the sale of cars and pick-up (light) trucks only as long as it continue to operate as a vehicle repair, limited garage. No sale or rental of trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in effect. 2) No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. Outside storage of parts, including tires, associated with the vehicle repair, limited operation shall be within a 6-foot solid screen area. 3) All vehicles associated with the car sales lot shall be located on the west side of the existing commercial building fronting South Hillside Avenue and shall be located entirely within the west 25 feet and the north 85 feet of Lot 54, Block C, Planeview Subdivision No. 2 Addition. The site shall be limited to the display of no more than five (5) vehicles 2 District III Advisory Board Agenda for June 5, 2019 for sale at any given time. 4) All customer parking will be confined to the portion of the site not occupied with the vehicle display area and shall be clearly marked as such. One space must be van accessible. The interior fenced area shall be made available for customer parking during business hours in order to meet the parking requirement. No customer parking spaces shall block or encroach into the ingress/egress driveway. 5) All improvements to the property must be finished before car sales is permitted. Those improvements shall include, but not limited to, clearly marked customer and employee parking and the display area. 6) All improvements shall be completed within one year of the approval of the conditional use by the MAPC or the city Council. No vehicle sales shall be allowed until all permits have been acquired and all improvements to the site have been made. 7) The applicant shall submit a revised site plan for review and approval by the Planning Director, prior to the selling of any cars or light trucks, prior to car sales is permitted. The site plan will include, but not be limited to, internal circulation that will remain open at all time to allow access, area intended for customer parking, parking barriers along the west property line, any existing or proposed signs, existing or proposed lighting. The site will be developed according to the revised site plan. 8) Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No vehicles for sale shall be displayed in required off-street parking spaces. 9) The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 10) 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. Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2019-06- 05%20DAB%20III%20CON2019-00016%20and%20ZON2019-00016%20Staff%20Report.pdf PUBLIC AGENDA 4. 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 5. Updates, Issues, and Reports Reports from Council Member Clendenin and the DAB on any activities, events, resources, issues, or concerns in the neighborhoods, council district, and/or city. Recommended Action: Receive and file. ADJOURNMENT 3 District III Advisory Board Agenda for June 5, 2019  The next District III Advisory Board meeting will be at 6:30 p.m. on July 3, 2019 at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. 4 2020-2021 Proposed Budget and 2019-2028 Proposed Capital Improvement Program Department of Finance June 2019 2 ZBB Background City Council mission statement with goals As an exceptionally well-run City we will: Keep Wichita safe Grow our Economy Build and maintain dependable Infrastructure Provide conditions for living well 3 Budget Simulator • May 13 – June 15 • Results will be available online • Data will be compiled into a report for consideration • Themes will be used to build Social Media Town Hall topics 4 Proposed Budget Calendar June 15 - Online budget simulator closes June 26 - Social Media Town Hall July 23 - City Manager presents budget August 6 - Public hearing August 13 - City Council adopts budget 5 Focus on the General Fund • Main taxing fund; 1/3 of the City budget; main source for funding City departments • Due to technological and legal changes future growth expected to be slower than past growth • Revenues are economically sensitive and impacted by assessed valuation (AV) changes 6 General Fund Revenues GENERAL FUND 2019 ADOPTED BUDGET, $244,213,328 Franchise Fees Gas Tax Sales Tax $47,661,298 $15,431,862 $29,124,388 20% 6% 12% Motor Vehicle Tax $12,718,119 5% Property Tax Transfers $84,303,187 Other Sources $5,591,719 35% $49,382,755 2% 20% 7 GF Adjusted Revenue Growth 2009 - 2018 10.0% 9.0% 8.1% 8.0% 7.0% 5.6% 5 Year Average 2.4% 6.0% 5.0% 5.1% 5.0% 4.5% 10 Year Average 1.4% 3.6% 3.8% 4.0% 3.0% 3.0% 2.6% 2.1% 2.0% 1.7% 1.4% 1.1% 1.0% 0.3% 0.5% 0.0% -1.0% -0.9% -1.2% -2.0% -1.3% 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 8 Recession Impact on Revenues • Recessions impact City revenues on a lagging basis • Property tax, sales tax, motor vehicle tax and interest earnings are usually impacted negatively • Total General Fund revenues usually are flat or decline for one or two years 9 General Fund Expenditures • Salaries and benefits are 73% of total expenditures • All other expenditures (27%) tend to grow slowly and predictably (with volatility due to fuel) • Expenditure growth has averaged 3.0% since 2009; much slower than the previous decade • Most growth has been in public safety 10 Police and Fire Portion of GF 11 Reserves • General Fund reserves are important for flexibility, for an emergency and for cash flow • City policy is a reserve level of at least 10% of expenditures • Currently reserves are at 14.8% of expenditures 12 Reserves • Reserves are important: they provide flexibility • Rating agencies monitor reserves very closely, and a change (decrease) in reserves is viewed negatively 13 Looking Forward • Moderate expenditure and revenue growth, with moderate structural imbalance • Continued emphasis on public safety • Continued use of ZBB process to focus dollars on priority areas; identify process improvements to better align expenditures with revenues 14 New Projected Outlook Projected General Fund Revenues and Expenditures (in millions) 2019 2020 2021 2022 2023 Adopted Revenues $244.2 $250.0 $255.7 $262.6 $268.7 On-going adjustments $0.4 $0.8 $1.2 $1.8 $1.9 Interest earnings $5.5 $3.5 $2.5 $1.5 $1.5 New Projected Revenues $250.1 $254.3 $259.4 $265.9 $272.1 Adopted Expenditures $244.2 $250.0 $256.8 $263.8 $271.0 On-going adjustments $4.9 $4.3 $4.3 $3.7 $3.5 New Projected Expenditures $249.1 $254.3 $261.1 $267.5 $274.5 Surplus (Deficit) $1.0 $0.0 ($1.7) ($1.6) ($2.4) CIP Development 15 • Develop prioritization score for each project • Develop financial capacity models • Consider operating budget impact • Align with City Council direction CIP Project Prioritization 16 Prioritization model developed with Council input - Community Investments Plan Alignment (20%) - Consistency with Planning Processes (25%) - Financial Considerations (30%) - Other considerations (25%) Linking the CIP and Budget 17 • The Capital Improvement Program (CIP) is linked to the operating budget • Both are funded with a portion of the City’s mill levy • Both align strategically to the same mission and goals Linking the CIP and Budget 18 2012 2013 2014 2015 2016 2017 2018 2019 General Fund 24.839 24.443 24.003 24.114 24.177 24.117 24.156 25.186 Debt Service Fund 7.520 8.028 8.537 8.506 8.509 8.508 8.511 7.506 Total 32.359 32.471 32.540 32.620 32.686 32.625 32.667 32.692 The City mill levy has remained flat, but the allocation between the Debt Service Fund and General Fund has changed. GO At-Large Background 19 2019 Levy: City of Wichita Mill Levy 45 General Fund 25.186 40 Debt Service Fund 7.506 Total Levy 32.692 35 30 Mill Levy Rate 25 20 15 10 5 0 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 2018 DSF GF Financing the CIP 20 Funding CIP Projects 21 Where City of Wichita CIP Dollars Come From 2018-2027 ALL FUNDS REVENUES $1,760,059,421 Other Funds GO at-large Airport $107,077,763 $340,372,102 Local Sales Tax $33,238,151 $181,750,000 Federal Funds $111,181,367 Sewer Utility State of Kansas $271,614,338 $36,259,000 Special Assessments Water Utility $304,750,000 $373,816,700 Flexible Funding Sources 22 Debt Service Fund – completely fungible, can be used for streets, parks, buildings, etc. Transient Guest Tax Fund – used for assets related to conventions and tourism Local Sales Tax Fund - used for roads, bridges and highways Determining Debt Capacity 23 Policies impacting the amount of additional debt that can be added include: • Legal limit • Bond covenants • Coverage ratio / percent spent on debt service • Rating agency analysis Legal Debt Limit 24 • Kansas State Statute KSA 10-308 limits applicable City debt to 30% of the assessed valuation base • The City is at 24.8% of the debt limit • Debt margin is $853.2 million (Dec 31, 2018) City Policy - Debt Capacity 25 Ratio of debt service payments to property tax revenues Adopted CIP Update 26 • Aquatics Master Plan • More street maintenance and rebuild projects, fewer freeway projects • Library Branch Study • Police and Fire stations 2020-2021 Proposed Budget and 2019-2028 Proposed Capital Improvement Program Finance Department AGENDA ITEM NO. 2 STAFF REPORT MAPC June 6, 2019 DAB III June 5, 2019 CASE NUMBER: PUD2019-00006 APPLICANT/AGENT: Gregory L. and Tina M. Dunnegan (Owner/Applicant) Ferris Consulting, Greg Ferris (Agent) REQUEST: Rezone to Create Planned Unit Development #64 Joyland Development Complex CURRENT ZONING: SF-5 Single-Family Residential and GC General Commercial SITE SIZE: 56.71 acres + LOCATION: Generally located on the west side of South Hillside Avenue and one- half mile south of East Pawnee Avenue (2801 S. Hillside Ave.) PROPOSED USE: Development of an event center facility and other site improvements PUD2019-00006 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting a change in zoning from SF-5 Single-Family Residential and GC General Commercial to a PUD Planned Unit Development to create PUD #64 Joyland Development Complex . The Joyland Amusement Park closed in 2001 and several amusement rides were sold off and a fire destroyed most of the remaining buildings on the site in August 2018. The applicant proposes to develop the 57-plus acres as a mixed use including development of restaurants, outdoor entertainment and event center. The General Provisions of the proposed PUD #64 are attached along with the existing site plan and the proposed sign plan for the development. The area surrounding the subject site is mostly residential. Property to the north and south is zoned SF-5 and developed with single family residences. Rights-of-Way for Interstate 135 (I-135), K-15 and Burlington Northern Santa Fe (BNSF) Rail Road border the west side of the subject side. The subject property is bounded by South Hillside Avenue on the east. Across the street, east of the subject site, property is zoned LI Limited Industrial, LC Limited Commercial and MF-29 Multi-Family Residential. A sign plan was submitted with the application and is attached. The City of Wichita Sign Code stipulates that no sign shall exceed 35 feet in height and 300 square feet in area along arterial streets or expressways. The applicant indicates the height of the proposed signs is predicated on allowing poles signed to be an additional 20 feet above the railing of an elevated highway (a point indicted on I-135). The signs will be visible from the off-ramp of I-135 and K-15 which are both at grade. The signs along Parcel 2 range from 540 feet to 1,040 feet from the elevation point on the elevated highway and would not be readable by traffic travelling 60 miles per hour on I-135. Parcel 3 signs range from 415 feet to 1,000 feet from the highest pavement elevation on I-135, with the closest point being 360 feet. CASE HISTORY: Only 5.7 acres of Parcel 1 is platted as part of the Pawnee Ranch Addition, which was platted in February 1950. The remaining 51 acres + is unplatted. There are no other zoning cases shown for this property. ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family residences SOUTH: SF-5 Single-family residences EAST: SF-5 Residential WEST: SF-5, LI, LC, GC, MF-29 Single-Family Residences, Manufacturing, Catholic Social Services, warehouse/office, vacant and Planeview Subdivision residential PUBLIC SERVICES: South Hillside Avenue is a fully improved arterial street. The project site plan does not address issues such as expansion of water and sanitary sewer service, drainage or the provision of fire protection services. These public service issues will be addressed through the platting process prior to the issuance of any building permit for development of the project CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, show the property to be located within the Established Central Area (ECA) and identifies the site as residential on the Future Growth Map Concept Map. It is appropriate for commercial uses to develop along an arterial street in this location. The ECA encourages infill development that maximizes public investment in existing and planned infrastructure and promotes mixed-use development along arterial streets. Limitation of the site because of flood plain issues makes this property a good candidate for its proposed use. RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to the following conditions: PUD2019-00006 Metropolitan Area Planning Commission Page 2 1. General Provisions shall be approved as per the revised PUD #64 Provisions as follows: a. General Provision 13. Property must be platted before any building permits will be issued. b. Parcel 2 Signage: On-Site Signage shall be a minimum of 15 ft. from residential property lines. Two on-site signs are allowed with a maximum size of 400 sq. ft. and a maximum height of (45 ft.). (One) off-site (sign is) allowed with a maximum size of 672 sq. ft. and a maximum height of (45 ft.) No more than (six) ground or pole signs less than 200 sq. ft. and less than 20 ft. in height are allowed anywhere on Parcel 2, and any placement of ground or pole signs must be approved by the planning director. Signage plan may be changed with a PUD adjustment. c. Parcel 3 Signage: On-Site Signage shall be a minimum of 15 ft. from residential property lines. Three on-site signs are allowed with a maximum size of 400 sq. ft. and a maximum height of 45 ft. Two off-site signs are allowed with a maximum size of 672 sq. ft. One shall have a maximum height of 55 ft. and the other shall have a maximum height of 45 ft. No more than (three) ground or pole signs less than 150 sq. ft. and less than 20 ft. in height are allowed anywhere on Parcel 3, and any placement of ground or pole signs must be approved by the planning director. Signage plan may be changed with a PUD adjustment. d. Other provisions of PUD #64 shall be approved as listed. 2. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #64 Joyland Development Complex PUD) has special conditions for development on the property. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The site was used as an amusement park from 1949 until 2001 when Joyland Park closed. The area is a dominated by residential uses; however the subject property is adjacent LC and MF-29 from East Ross Parkway south to East 31st Street South. The intersection at Pawnee and Hillside is LC on all four corners. Between Pawnee and East Ross Parkway SF-5 zoning fronts Hillside on the west side and MF-29 zoning fronts Hillside on the east side of the street. The introduction of the proposed use will not be out of character with the neighborhood with the proposed conditions. 2. The suitability of the subject property for the uses to which it has been restricted: The property is presently zoned SF-5 Single Family Residential and GC General Commercial. The addition of sewer and water lines would be a significant obstacle for use as single family residential. Gypsum Creek has an extensive flood plain along the south side of the property that present obstacles to redevelopment. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: As noted above, the use of this property is consistent with the long-term use of the property. 4. Length of time the property has been vacant as currently zoned: The property has been un-used since 2001 when Joyland Park closed and the property was significantly damaged by fire in August 2018. The proposed use enhances the value of the property. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, PUD2019-00006 Metropolitan Area Planning Commission Page 3 show the property to be located within the Established Central Area and identifies the site as residential on the Future Growth Map Concept Map. It is appropriate for commercial uses to develop along an arterial street in this location. It is appropriate for commercial uses to develop along an arterial street in this location. The ECA encourages infill development that maximizes public investment in existing and planned infrastructure and promotes mixed-use development along arterial streets. Limitation of the site because of flood plain issues makes this property a good candidate for its proposed use. 6. Impact of the proposed development on community facilities: Public service issues, including a drainage plan, will be addressed through the platting process prior to the issuance any permit or license for the development of the property. Staff Report Attachments: 1. Applicant Narrative 2. Proposed PUD Language submitted by Agent with corrections by MAPD staff 3. Joyland Development Complex PUD 4. Joyland Development Complex Sign Plan PUD2019-00006 Metropolitan Area Planning Commission Page 4 PUD2019-00006 Metropolitan Area Planning Commission Page 5 PUD2019-00006 Metropolitan Area Planning Commission Page 6 PROPOSED PUD LANGUAGE SUBMITTED BY APPLICANT Changes recommended by MAPD staff are noted in (red italics) LEGAL DESCRIPTIONS: PARCEL 1 PARCEL A3 Lot 1, Nelson's Hillside Park, Wichita, Kansas, Sedgwick County, Kansas, EXCEPT that part deeded to the City of Wichita on Doc#/Flm-Pg: 28867884. PARCEL A4 Lot 1, Block 14, Replat of Part of Pawnee Ranch Addition, Sedgwick County, Kansas, together with the North 30 feet of vacated Wassall Avenue adjoining on the South, EXCEPT that part condemned by the City of Wichita in Case No. 06CV-3695. PARCEL 2 PARCEL A1 The North 773 feet of the Southeast Quarter of Section 3, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas, lying East of the Wichita Drainage Canal, EXCEPT that part platted as Nelson's Hillside Park, Wichita, Kansas, AND EXCEPT Beginning 185 feet South of the Northeast corner of said Southeast Quarter; thence West 342 feet; thence South 185 feet; thence East 342 feet; thence North 185 feet to the Point of Beginning; AND EXCEPT Beginning 370 feet South of the Northeast corner of said Southeast Quarter; thence West 700 feet; thence South 403 feet; thence East 700 feet; thence North 403 feet to the Point of Beginning; AND EXCEPT Beginning at a point on the North line of said Southeast Quarter which is 750.50 feet West of the Northeast corner of said Southeast Quarter; thence West, on said North line, a distance of 105.00 feet; thence South, at right angles to said North line, a distance of 447.50 feet; thence East 105.00 feet; thence North 447.50 feet to the Point of Beginning; AND EXCEPT that part condemned for Highway in District Court Case #C-1832; AND EXCEPT that part condemned for drainage right-of-way in Case #B-1306; AND EXCEPT that part condemned for street in Case #A-51069; AND EXCEPT that part deeded to the City of Wichita on Doc#/Flm-Pg: 28867884. PARCEL A2 That part of the Southeast Quarter of Section 3, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas, described as: Beginning at a point on the North line of said Southeast Quarter, which is 750.50 feet west of the Northeast corner of said Southeast Quarter; thence west on said North line, a distance of 105.00 feet; thence south at right angles to said North line, a distance of 447.50 feet thence east 105.00 feet; thence north 447.50 feet to the point of beginning. PARCEL A5 A tract in the Northeast Quarter of Section 3, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas, described as vacated Reserve D in Second Replat of Part of Pawnee Ranch Addition, Sedgwick County, Kansas, together with the North 30 feet of vacated Wassall Avenue adjoining on the South. PARCEL A6 PUD2019-00006 Metropolitan Area Planning Commission Page 7 A tract in the Northeast Quarter of Section 3, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas, described as vacated Reserve C in Second Replat of Part of Pawnee Ranch Addition, Sedgwick County, Kansas, together with the North 30 feet of vacated Wassall Avenue adjoining on the South. PARCEL A7 Reserve B in Second Replat of Part of Pawnee Ranch Addition, Sedgwick County, Kansas, together with the North 30 feet of vacated Wassall Avenue adjoining on the South, EXCEPT that part condemned by the City of Wichita in Case No. 06CV-3695. PARCEL 3 PARCEL B1 The South 371 feet of the North 1144 feet of the Southeast Quarter of Section 3, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas, lying East of the East line of the Highway as condemned in District Court Case C-1832, AND EXCEPT the East 1600 feet thereof; AND EXCEPT that part deeded to the City of Wichita on Doc#/Flm-Pg: 28867884. PARCEL B2 Reserve A, Dunham Addition, Sedgwick County, Kansas. PARCEL B3 Part of the south 371 feet of the north 1515 feet of the Southeast Quarter of Section 3, Township 28 South, Range 1 East of the Sixth Principal Meridian, Sedgwick County, Kansas, lying east of the Wichita Drainage Canal and described as: Beginning at a point on the North line of said south 371 feet, said point being 1644 feet west of the East line of said Quarter Section; thence west 618 feet, more or less, to the easterly right-of-way of the Wichita Drainage Canal; thence south along said right-of-way to the intersection of the easterly right-of-way of Highway K-15; thence southeasterly along said right-of-way to the south line of said south 371 feet of the north 1515 feet of said Quarter Section; thence east 790.3 feet, more or less, to a point 1313.5 feet west of the East line of said Quarter Section; thence northwesterly to the point of beginning. PROJECT DESCRIPTION: The intent of this Planned Unit Development is to permit the development of an event center facility and other site improvements. REVISIONS: Draft Planned Unit Development (PUD2019-06): March XX, 2019 Revised per staff comments: March XX, 2019 Approved by MAPC: March XX, 2019 Approved by City Council: March XX, 2019 GENERAL PROVISIONS: 1. Total Gross Area: 56.71 acres +/- 2. Total Net Area: 56.71 acres +/- 3. Parking required by any use in any parcel may be satisfied by parking provided in any other parcel. Non-paved parking for Recreation Indoor or Outdoor, Event Center, Nightclub, Rodeo, and any use not requiring a building permit allowed unless otherwise specified. All handicap parking must be PUD2019-00006 Metropolitan Area Planning Commission Page 8 paved. 4. Gypsum Creek is defined as a major barrier and no new screening or landscaping is required along the drainage way. Existing trees within five feet of drainage way to remain or be replaced if less than landscaping required by landscape ordinance. 5. Cross Lot circulation required between all Parcels. All drives in and between parcels, except within fifty feet of City Street: Gravel allowed. 6. All non-paved parking and access shall be dust retarded. 7. If lighting facilities are provided, the intensity of light and arrangements of reflectors shall be such as not to interfere with residential uses. The lighting shall be in compliance with the lighting requirements of Section IV-B.4. 8. Before any new parking areas can be constructed, including non-paved parking areas, a drainage plan will be submitted and approved by City of Wichita. 9. Noise shall be per the noise ordinance of the City of Wichita. 10. Event Center Events larger than 40 people shall have private security on-site at all times during the event. 11. Hours of operation on any Parcel for Recreation Outdoor, Event Center, Nightclub, Drinking Establishment and/or Entertainment Establishment and Rodeos where allowed: Monday thru Wednesday: 8:00 AM to 11:00, Thursday thru Sunday: 8:00 AM to Midnight. Ten events per calendar year allowed with hours of operation for Recreation Outdoor, Event Center, Nightclub, Drinking Establishment and/or Entertainment Establishment and Rodeos where allowed: Monday thru Wednesday: 8:00 AM to Midnight, Thursday thru Sunday: 8:00 AM to 2:00 AM. An event is defined to include start-up, tear down and duration of the activity. 12. All Parcels shall be developed in accordance with the General Commercial Zoning District, unless otherwise noted. Wireless Communications Facilities shall be allowed by Administrative Permit on all Parcels. 13. Property must be platted before any building permits will be issued PARCEL 1: Net Area: 297,326 sq. ft. (6.83 acres) +/- Maximum Building Coverage: 222,995 sq. ft. (or 75 percent) +/- Permitted Uses: All uses allowed in the General Commercial Zoning District, except Group Residence (Limited and General), Auditorium or Stadium, Cemetery, Correctional Placement Residence (Limited and General), Research Services, Agricultural Research, Sexually Oriented Business, and Asphalt or Concrete Plant. For Event Center, Nightclub, Drinking Establishment and/or Entertainment Establishment; structure shall be 100' from property zoned and used as residential. Parking shall be 50' from property zoned and used as residential. Parking: Paved parking required per building and zoning code. Signage: On-Site Signage shall be a minimum of 15 ft from residential property lines. Two on-site signs are allowed. One shall be a maximum of 200 sq. ft. with a maximum height of 35 ft. The other shall be a maximum of 300 sq. ft. with a maximum height of 45 ft. No off-site signs allowed. Signage plan may be changed with a PUD adjustment. Landscaping and Screening: Existing trees along property line will remain and provide natural screening within a 10' landscape buffer where adjacent to residential zoning. No screening from residential required where landscaping exists. Landscape street-yard required along Hillside, per landscape ordinance. PUD2019-00006 Metropolitan Area Planning Commission Page 9 Landscaping required to be replaced shall comply with landscape ordinance. Landscape plan for Parcel 1 required at time of application for any new building permit in Parcel 1. Building Setbacks: Setbacks are per the Limited Commercial Zoning District. Access: Access limited to two access points to S. Hillside Ave. PARCEL 2: Net Area: 1,532,273 sq. ft. (35.18 acres) +/- Maximum Building Coverage: 1,149,205 sq. ft. (or 75 percent) +/- Permitted Uses: All uses allowed in the General Commercial Zoning District, except Group Residence (Limited and General), Cemetery, Correctional Placement Residence (Limited and General), Sexually Oriented Business, and Asphalt or Concrete Plant. For Rodeos, Event Center, Nightclub, Drinking Establishment and/or Entertainment Establishment; structure shall be 100' from property zoned and used as residential, and parking shall be 50' from property zoned and used as residential. Parking: Gravel Parking allowed in conformance with Number 1 of General Provisions. Landscaping and Screening: Existing trees along property line will remain and provide natural screening within a 10' landscape buffer where adjacent to residential zoning. No screening from residential is required where landscaping exists. Landscaping required to be replaced shall comply with landscape ordinance. Landscape plan for Parcel 2 required at time of application for any new building permit in Parcel 2. Building Setbacks: Setbacks are per the General Commercial Zoning District. Any existing structures, buildings, or foundations are not subject to setbacks. Access: Access limited to four access point to E. Wassall St. Two access points must be gated with gates closed unless actively in use. PARCEL 3: Net Area: 640,382 sq. ft. (14.70 acres) +/- Maximum Building Coverage: 480,287 sq. ft. (or 75 percent) +/- Permitted Uses: All uses allowed in the General Commercial Zoning District, except Group Residence (Limited and General), Cemetery, Correctional Placement Residence (Limited and General), Vehicle Storage Yard, Sexually Oriented Business, and Asphalt or Concrete Plant. For Event Center, Nightclub, Drinking Establishment and/or Entertainment Establishment; structure shall be 100' from property zoned and used as residential, and parking shall be 50' from property zoned and used as residential. Rodeos: structure shall be 100' from property zoned and used as residential, and parking shall be 50' from property zoned and used as residential. Parking: Gravel Parking allowed in conformance with Number 1 of General Provisions. PUD2019-00006 Metropolitan Area Planning Commission Page 10 Signage: On-Site Signage shall be a minimum of 15 ft. from residential property lines. Three on-site signs are allowed with a maximum size of 400 sq. ft. and a maximum height of 45 ft. Two off-site signs are allowed with a maximum size of 672 sq. ft. One shall have a maximum height of 55 ft. and the other shall have a maximum height of 45 ft. No more than six (three) ground or pole signs less than 150 sq. ft. and less than 20 ft. in height are allowed anywhere on Parcel 3, and any placement of ground or pole signs along city right-of-way must be approved by the planning director. Signage plan may be changed with a PUD adjustment. Landscaping and Screening: Existing trees along property line will remain and provide natural screening within a 10' landscape buffer where adjacent to residential zoning. No screening from residential is required where landscaping exists. Landscaping required to be replaced shall comply with landscape ordinance. Landscape plan for Parcel 3 required at time of application for any new building permit in Parcel 3. Building Setbacks: Setbacks are per the Limited Commercial Zoning District. Any existing structures, buildings, or foundations are not subject to setbacks. Access: Access limited to one access point to E. Conamore St. PUD2019-00006 Metropolitan Area Planning Commission Page 11 JOYLAND DEVELOPMENT COMPLEX PARCEL 1 PARCEL 2 PARCEL 3 JOYLAND DEVELOPMENT COMPLEX PARCEL 1 PARCEL 2 PARCEL 3 AGENDA ITEM NO. 3 STAFF REPORT MAPC: June 6, 2019 DAB III: June 5, 2019 CASE NUMBER: ZON2019-00016 & CON2019-00016 APPLICANT/AGENT: Ross Parkway Apartments II, LLC (Applicant) / Ferris Consulting (Agent) REQUEST: Zone change to LC Limited Commercial and a Conditional Use for Outdoor Vehicle Sales CURRENT ZONING: GO General Office SITE SIZE: 0.37 acres LOCATION: On the east side of South Hillside Avenue approximately one-quarter mile north of East 31st Street South (3002 S Hillside Ave). PROPOSED USE: Outdoor Vehicle Sales ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting a zone change for a strip of land approximately 25 feet by 200 feet from GO General Office to LC Limited Commercial as well as a conditional use to allow outdoor vehicle sales on property generally located one-quarter mile north of East 31st Street South and on the east side of South Hillside Avenue. The majority of the subject property is already zoned LC. The site has an existing single family dwelling unit near the east property line and the other existing building is used for auto repair, limited. The dwelling unit was built 1958 and the commercial building was built 1967. Both existing uses will continue on the site. The applicant has indicated that the auto sales will encompass 800 square feet of the existing commercial space and the sales area will front Hillside Avenue. The number of vehicles being displayed at any one time would be limited to five (5) or less (see site plan). The site has access via Hillside Avenue with a drive on the south side of the property. Per the Unified Zoning Code (UZC), outdoor vehicle and equipment sales may be permitted with a conditional use in the LC zoning district. Outdoor vehicle and equipment sale uses are subject to supplementary use regulations in the Unified Zoning Code Section III-D.6.x. The applicant is required to provide sufficient off-street parking as outline by the UZC Sec.IV-A.4 for all uses on the site. Off-street parking is calculated by the area dedicated to each use. The total parking requirement for this lot is 15 spaces. According to the site plan submitted by the applicant, the site has 16 available parking spaces when taking into account 4 spaces in the repair bays. The parking requirement by use on the site is as follows:  Single Family Residence o Parking requirement: 1 per dwelling unit.  Vehicle Repair, Limited o Parking ratio: 1 per 333 square feet plus 3 spaces o Applicable area: 2,552 square feet o Parking requirement: 11 spaces  Outdoor Vehicle Sales o Parking ratio: 1 per 500 square feet plus 2 spaces for the first 10,000 sq. ft. of lot area used for sales or storage. o Applicable area: 800 building square feet, Approx. 4,600 square feet sales/storage space. o Parking requirement: 3 Property north of the site is zoned MF-29 Multi Family and is a residential use for the church property abutting to the north. Property east of the site is zoned MF-29 and is single family homes and duplexes. West of the site is zoned Limited Commercial and is a fast food restaurant and a small strip retail center. Property south of the site is zoned primarily LC with a small strip of GO fronting Hillside and is developed with an auto repair business. There are several auto repair uses in the area both along Hillside south of this property and to the west fronting East 31st Street. A property located at 2885 South Hillside Avenue (about 500 feet north of the subject property) is an auto repair business that also has a conditional use for vehicles sales (CON2006-00023). The general area is a mix of commercial uses and two churches which front Hillside, with multi-family housing to the east and single family homes west of the businesses the front Hillside. CON2006-00023 provides a precedent in this area for auto repair businesses selling used vehicles. The full conditions for this site are attached, but in general the conditions address the following:  The conditional use is only valid as long as the site operates as a vehicle repair, limited garage.  A limitation to the number of display vehicles at any one time.  Prohibiting outdoor storage of salvage vehicles or those waiting for repair as well as providing screening for outdoor storage of any parts associated with the vehicle repair use.  The number and location of customer parking. ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 2 CASE HISTORY: No case history was found. The site was platted as Lots 54, Block C, Planeview Subdivision No 2 Addition in 1955 ADJACENT ZONING AND LAND USE: NORTH: MF-29 Church residence SOUTH: LC/ GO Commercial EAST: MF-29 Single Family and Duplex residential WEST: LC Fast food restaurant and small strip shopping center. PUBLIC SERVICES: The subject property has access to South Hillside, a four lane, paved arterial road. Municipal water and sewer services and all other utilities are currently provided to the subject property. CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three-mile radius. The Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Future Growth Concept Map identifies the area as “Residential” with small pockets of “Commercial” and “Industrial” along Hillside as an arterial street. Under the “Commercial” land use category, the site is eligible for “the full diversity of commercial development intensities and types typically found in a large urban municipality. Convenience retail, restaurants, small offices, and personal service uses are located in close proximity to, and potentially mixed with, Residential Uses.” The Locational Guidelines of the Community Investments Plan recommends that commercial sites should be located adjacent to arterials and should have site design features that limit noise, lighting, and other activity from adversely impacting surrounding residential areas. The site has direct access to South Hillside Avenue—a 4-lane arterial. The conditions attached to a Conditional Use can address site design issues. The Locational Guidelines also recommend that primary outdoor sales should be located along highway corridors or in areas where the uses have already been established. There are like uses already established in the area. In the past the MAPC has identified smaller car sales lots as being more of a local commercial establishment in their nature, as opposed to the cluster of larger car sales lots located primarily along highway corridors, which are more regional in their clientele draw. The MAPC has also recommended that buildings that had in the past been used for automobile activities, such as vehicle repair garages, be considered as possible sites for car sales. The applicant’s proposal is to continue to use the site for limited auto repair, while adding car sales on the site conforms to what the MAPC has recommended for this type of site in the past. RECOMMENDATION: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED. Approval shall be subject to the following conditions: 1) In addition to the uses permitted in the LC Limited Commercial district, the site shall be limited to the sale of cars and pick-up (light) trucks only as long as it continue to operate as a vehicle repair, limited garage. No sale or rental of trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in effect. 2) No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. Outside storage of parts, including tires, associated with the vehicle repair, limited operation shall be within a 6-foot solid screen area. ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 3 3) All vehicles associated with the car sales lot shall be located on the west side of the existing commercial building fronting South Hillside Avenue and shall be located entirely within the west 25 feet and the north 85 feet of Lot 54, Block C, Planeview Subdivision No. 2 Addition. The site shall be limited to the display of no more than five (5) vehicles for sale at any given time. 4) All customer parking will be confined to the portion of the site not occupied with the vehicle display area and shall be clearly marked as such. One space must be van accessible. The interior fenced area shall be made available for customer parking during business hours in order to meet the parking requirement. No customer parking spaces shall block or encroach into the ingress/egress driveway. 5) All improvements to the property must be finished before car sales is permitted. Those improvements shall include, but not limited to, clearly marked customer and employee parking and the display area. 6) All improvements shall be completed within one year of the approval of the conditional use by the MAPC or the city Council. No vehicle sales shall be allowed until all permits have been acquired and all improvements to the site have been made. 7) The applicant shall submit a revised site plan for review and approval by the Planning Director, prior to the selling of any cars or light trucks, prior to car sales is permitted. The site plan will include, but not be limited to, internal circulation that will remain open at all time to allow access, area intended for customer parking, parking barriers along the west property line, any existing or proposed signs, existing or proposed lighting. The site will be developed according to the revised site plan. 8) Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No vehicles for sale shall be displayed in required off-street parking spaces. 9) The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 10) 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. The staff’s recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Property north of the site is zoned MF-29 Multi Family and is a residential use for the church property abutting to the north. Property east of the site is zoned MF-29 and is single family homes and duplexes. West of the site is zoned Limited Commercial and is a fast food restaurant and a small strip retail center. Property south of the site is zoned primarily LC with a small strip of GO fronting Hillside and is developed with an auto repair business. There are several auto repair uses in the area both along Hillside south of this property and to the west fronting East 31st Street. About 500 feet north of the subject property is an auto repair business that also has a conditional use for vehicles sales. (CON2006-00023). The general area is a mix of commercial uses and two churches which front Hillside, with multi-family housing to the east and single family homes west of the businesses the front Hillside. 2. The suitability of the subject property for the uses to which it has been restricted: The property is primarily zoned LC with a small strip zone of GO fronting Hillside. This request will make the site all one ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 4 zone. The property is suitable for the commercial uses to which it has been restricted, including its current use of vehicle repair, limited. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle sales on a site this size when developed with the conditional use will have minimal negative impacts on the area and will likely improve the property, given the recommendation of additional conditions limited the number of display vehicles, screening, etc. 4. Conformance of the requested change to adopted or recognized Plans/Policies: The adopted Wichita- Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three- mile radius. The Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Future Growth Concept Map identifies the area as “Residential” with small pockets of “Commercial” and “Industrial” along Hillside as an arterial street. Under the “Commercial” land use category, the site is eligible for “the full diversity of commercial development intensities and types typically found in a large urban municipality. Convenience retail, restaurants, small offices, and personal service uses are located in close proximity to, and potentially mixed with, Residential Uses.” The Locational Guidelines of the Community Investments Plan recommends that commercial sites should be located adjacent to arterials and should have site design features that limit noise, lighting, and other activity from adversely impacting surrounding residential areas. The site has direct access to South Hillside Avenue—a 4-lane arterial. The conditions attached to a Conditional Use can address site design issues. The Locational Guidelines also recommend that primary outdoor sales should be located along highway corridors or in areas where the uses have already been established. There are like uses already established in the area. In the past the MAPC has identified smaller car sales lots as being more of a local commercial establishment in their nature, as opposed to the cluster of larger car sales lots located primarily along highway corridors, which are more regional in their clientele draw. The MAPC has also recommended that buildings that had in the past been used for automobile activities, such as vehicle repair garages, be considered as possible sites for car sales. The applicant’s proposal is to continue to use the site for limited auto repair, while adding car sales on the site conforms to what the MAPC has recommended for this type of site in the past. Staff Report Attachments: 1. Area Map 2. Zoning Map 3. Land Use Map 4. Site Plan Submitted by Applicant 5. CON2006-00023 Conditions ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 5 ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 6 ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 7 ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 8 ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 9 Conditional Use Conditions for CON2006-00023 Lot 1, Voges VW Addition, Sedgwick County, Kansas Subject to the following conditions: 1. In addition to uses permitted in the LC Limited Commercial district, the site shall be limited to the sales of cars and light trucks, only as long as it continues to operate as a vehicle repair, limited garage. No sale or rental of trailers, motorcycles, or scooters, vehicles or trucks larger than pick-ups are permitted. 2. The applicant shall comply with all provisions in Section III-D.6.x of the Unified Zoning Code regarding supplementary use regulations of outdoor vehicles sales in the LC zoning district. 3. The applicant shall install and maintain landscaping in accordance with the landscape plan submitted with the revised site plan. The landscape plan shall be reviewed and approved by the Planning Director, prior to issuance of any permits or sales of vehicles. 4. No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. Outside storage of parts, including tires, associated with the car repair, limited operation shall be within a 6- foot solid screened area. 5. All vehicles associated with the car sales lot shall be located in south of the existing garage/office building and shall be located entirely within the south 56 feet and west 57 feet of Lot 1 Voges VW addition. The site shall be limited to the display of no more than eight vehicles for sale at any given time. 6. All customer parking will be confined to the portion of the site not occupied with the vehicle display area and shall be striped with at least 14 parking spaces, one of which must be van accessible. No customer parking spaces shall block or encroach into the ingress/egress driveways. 7. The applicant shall dedicate by separate instrument access control closing one entrance, as approved by Traffic Engineering. The applicant shall guarantee the closure of all but the approved entrances according to City Standards. 8. The applicant shall initiate the vacation of the utility easement adjacent to the north property line. 9. All improvements shall be completed within one year of the approval of the conditional use by the MAPC or the city Council. No vehicle sales shall be allowed until all permits have been acquired and all improvements to the site have been made. 10. The applicant shall submit a revised site plan for review and approval by the Planning Director, prior to the selling of any vehicles, within 6 months of approval by the MAPC or the City Council. The site plan will illustrate compliance with all approved conditions of the conditional use. The site will be developed according to the revised site plan. 11. If the Zoning Administrator finds that there is a violation 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. ZON2019-00016 and CON2019-00016 Metropolitan Area Planning Commission Page 10