District 3 Advisory Board
Regular MeetingWichita, KS · October 2, 2019
Minutes
District III Advisory Board
Minutes for October 2, 2019
DISTRICT III ADVISORY BOARD MINUTES
October 2, 2019
https://www.facebook.com/WichitaDistrict3/videos/2498723657013658/
The District III Advisory Board meeting was held at 6:30 p.m. at the WATER Center, 101 E.
Pawnee, Wichita, KS 67211. Council Member James Clendenin, 10 DAB members, two City staff,
and 18 members of the public were present.
Members Present Member Absent
Bruce Gass Marco Alcocer
Catherine Johnson
Cindy Miles Staff Present
Daisy Olivar Matt Williams, Associate Planner,
David Robbins Metropolitan Area Planning Department
Gerald Henry Maddy Campbell, Community Services
Jared Cerullo Representative, City Manager’s Office
Michael Loop
Paul Davis
Ron Tracy
CM Clendenin
ORDER OF BUSINESS
At 6:30 p.m. CM Clendenin called the DAB meeting to order.
It was shared that the agenda was revised shortly before the start of the meeting to reflect a late
hour deferral of the Longfellow PUD (PUD2019-00010) zoning case.
The revised agenda and the minutes from September 4, 2019 were approved.
There were no staff reports this month.
Due to the large number of newcomers in attendance, CM Clendenin provided an overview of
DAB, and DAB members introduced themselves.
PUBLIC AGENDA
1. Scheduled Items
There were no scheduled public agenda items this month.
2. Off-Agenda Items
Many members of the audience shared they were in attendance to listen to, provide comment on,
and likely protest the now deferred Longfellow PUD item—a zoning application proposing the
redevelopment of the vacant Longfellow school building (2116 S. Main) into a community village
with mixed residential and commercial uses including: apartments and condos, art galleries and
studios, communal gathering spaces, community gardens, small supporting retail, and yoga/Pilates
studios.
Matt Williams, Associate Planner, Metropolitan Area Planning Department was present to
answer questions about the case. He shared the listed applicant ultimately decided not to finalize
his purchase of the school and likely felt pursuing the zoning change and redeveloping the property
as an out-of-state owner would be too demanding. Williams reported the application is indefinitely
deferred, and that the USD 259 Board of Education (current owners) may choose to continue with
the application as a way of making the building more marketable to future buyers or withdraw the
application entirely.
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The application for the Longfellow PUD has since been formally withdrawn. This
information is not reflective as something that was shared during the October 2, 2019
District III Advisory Board meeting, but is included in the minutes as an update for
reference.
Many in the public shared concerns and skepticism about the zoning change process. There was
robust conversation about each entity’s role in zoning changes (applicant/owner,
City/County/State, MAPD, Metropolitan Area Planning Commission, Appraiser’s Office, and DAB).
DAB members encouraged those in attendance to continue to stay apprised of this application’s
status and of all future applications in their neighborhood and to remain civically engaged by
attending public hearings (DAB, MAPC, and/or City Council) and communicating with
representatives.
The DAB and public asked and made the following summarized questions and comments:
Public: Who sends notification letters out for zoning cases? I live across from Longfellow, but my
neighbors and I did not receive a notice.
A: There is a statute that requires public notices be sent out to all properties within a specified
distance of the property requesting a zone change. That distance (in this case, 200 feet) is
measured from the applying property’s boundaries and not the property structure. The applicant is
responsible for obtaining a mailing list from a title company to provide to MAPD who then sends
the notification letters. The mailing list is comprised of the property owners’ mailing addresses;
therefore it is possible some tenants in the notification area miss being notified—i.e., a landlord
may forget to pass along the notification to their renter living in the area. The applying property is
also required to place signs on site to notify neighbors of activity going on.
Public: Does state law require the property owner to apply for the zone change? Why was the
current property owner (Board of Education) not listed in the notification letter? The sale of the
property has not been finalized, so the listed applicant (Brady Wedman) is not technically the
owner.
A: State law requires the property owner to apply. In this case, the property owner (Board of
Education) was a signer on the application. The notification letter does not require all application
signees to be listed though.
DAB (to residents in attendance): Something will eventually happen with this building. What do you
feel would be an acceptable use of this building?
Public: I would like to see law enforcement agencies continue to use the building for training. The
City should consider purchasing it to allow for this continued use.
Public: What is the process for the public to speak against/petition a zoning change?
A: In general, zoning cases will often come before DAB prior to being heard by MAPC. Hearing
the case at DAB gives residents an additional opportunity to learn about the application and
provide feedback. DAB members will make a motion to approve or deny the application—a
nonbinding advisory action. MAPC then holds a public hearing in which they make an official vote
on the application. If there is a large turnout of residents at the MAPC hearing, that can be
influential in how that body votes. There is then a 14-day window to begin a formal petition process
should members of the public disagree with MAPC’s vote. If a petition process is triggered and 20
percent of people within the notification boundaries sign the petition, the case goes to City Council
for a final vote.
Some cases deviate from this process. For instance, DAB may hear the case after the
MAPC hearing or voting may be required to go to another entity to weigh in, such as the
County.
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Action Taken: Received and filed.
NEW BUSINESS
3. CON2019-00034
Williams presented an application on behalf of Mohsen Etezazi (applicant) and Sanford Roberts
(agent) for a request for a Conditional Use to expand Outdoor Vehicle and Equipment Sales on
properties zoned LC Limited Commercial generally located south of Harry Street, between Osie
and Funston, on the east side of Broadway Avenue (1728 S. Broadway).
The DAB heard the request so that Wichita residents had an opportunity to express their concerns.
The applicant/agent were not in attendance.
The DAB and public asked and made the following summarized questions and comments:
Public: The applicant ran a mechanic shop at this property and began selling cars. He brought in
more and more cars to fix up and sell, and he ran out of space. He was even going to the auction
to buy cars to fix up and sell at his property despite not having the necessary zoning to do so.
Eventually he was busted and had to shut down.
DAB: I am unpopular with neighbors, because I was in the salvage business. There has to be a
place in this town for people to sell used cars. South Broadway has always been the place to go for
a used car.
DAB: The applicant is already operating used vehicle sales on adjacent property without the
authority to do so. Taking the action to approve the zone change request would have no effect
except to make what he is already doing legal. If he was zoned properly he might improve the
property with the listed zoning conditions. Additionally, this city is car dependent. We have a
horrible transit system. We have to be able to buy and sell vehicles if we are going to be auto-
dependent. We need these dealers on South Broadway to clean up their act and make them look
like legitimate businesses.
DAB: Listed conditions address typical nuisance issues, but you cannot expect someone from the
City/County to proactively enforce them. Zoning violations are 100 percent complaint-driven.
DAB: I want to remind this body that we have 72 used car lots between Kellogg and 47th Street.
Additional car lots or more cars on Broadway is considered a least desired use according to the
South Central Neighborhood Plan. If we continue to do the same things on Broadway, we will
continue to have the same things on Broadway. We need to get to the point where we will not allow
more used car lots or any of the other things that have contributed to Broadway diminishing if we
want to make progress.
DAB: Has anyone objected?
A: The planner has not gotten any phone calls.
DAB: We (the South Central Neighborhood Association) have had multiple conversations about
this case and similar previous cases, and every time we conclude we do not want to approve more
car lots. We have tried being sympathetic with applicants who have made promises to incorporate
landscaping and other beautification, but it does not seem to ever work out that way. We do not
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Minutes for October 2, 2019
want to have to police the listed conditions (referring to complaint-based enforcement system).
Denying these applications is something South Central stands by.
Public: I have sat in multiple meetings reviewing these requests for auto sales on Broadway. I feel
the public and South Central residents are frequently mislead by listed conditions and promises.
South Central has a plan that says no more car dealers, but MAPC continues to approve these
applications. My vote is no. If you travel down South Broadway and see what is going on every day
you will understand why residents do not want it.
DAB: Can he operate used auto sales on this property with his current zoning?
A: Yes.
DAB: So the only effect from this zone change would be to allow him to expand vehicle sales on
this property?
A: Yes.
Public: You should not approve the zoning request for this property. If the applicant wants to sell
more cars, he should move to one of the larger vacant lots already zoned for that activity.
DAB: Enough is enough. The applicant had his chance when he received a zone change approval
many years ago, and he did not do anything with the property. He ran a business and cheated the
system the best he could until he got caught. If he wants a bigger operation, he should move down
the street where it is already zoned to allow that.
DAB: (To the public) Go to the MAPC hearings and utilize the petition process to have your voices
heard. If you cannot attend the MAPC hearing, you need to get everyone you know in the area to
email the planning commissioners and flood the meeting room.
DAB: The applicant already has signage and his lots are totally paved. We are not introducing a
new car lot to South Broadway. All we are talking about is cleaning up paperwork for business that
already exists. In this case, I am in favor of supporting his business.
DAB: You should consider that you are trying to restrict people from creating businesses that
employ people. Without these businesses, those properties are at risk of being vacant and
blighted. At least some of these business owners take pride in their properties and operations.
Public: This applicant has historically broken the rules.
In summary, most of the public and many DAB members spoke against approving the zoning
application and cited South Central's current Neighborhood Plan as one of their primary reasons.
The Plan specifically calls out the addition of any vehicle sale operations on South Broadway as
highly undesirable due to the high number of existing used car lots, many of which reportedly
attract blight. Many in the group feel unfavorable toward the applicant because of his purported
history of “cheating the system” by selling vehicles without the appropriate zoning, and they view
his lack of attendance at the DAB meeting as a strike against his accountability as a responsible
neighbor to the area. A few DAB members spoke in favor of approving the application. Their
reasoning is that vehicle sales are already occurring at the property and passing the zoning with
listed conditions would hold the property owner to higher standards and give the City more control
with enforcement efforts.
David Robbins motioned to APPROVE the application with listed conditions. Seconded by Bruce
Gass.
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Jared Cerullo made a substitute motion to REJECT/DENY the application citing resident opposition
and the absence of the agent/applicant at the DAB meeting. Ron Tracy seconded.
DAB discussed making a second substitute motion to defer action to allow the agent/applicant to
attend and address concerns at next month’s DAB meeting. Motion failed after discussion noted
that a deferral would be viewed as a “no vote” by MAPC, and because MAPC would not then also
defer their vote to wait for DAB feedback.
DAB voted on Cerullo’s substitute motion to DENY the application with listed conditions.
Action Taken: Substitute motion made by Jared Cerullo and seconded by Ron Tracy to DENY
the application with listed conditions. Motion to DENY PASSED 7-2-1.
BOARD AGENDA
4. Updates, Issues, Reports
DAB had a brief discussion about local landfills:
The County is the authority responsible for waste disposal.
The south transfer station (located on 55th Street) is indefinitely closed.
Brooks Landfill is open for C&D (construction and demolition) only.
The Cornejo landfill is privately owned for their own operations.
The transfer station operated by Waste Connections accepts refuse.
Mattresses are significantly more expensive to dispose of than in recent years.
CM Clendenin addressed the recent Eagle article regarding the water treatment plant by
encouraging DAB and members of the public to make comments and ask questions. Cerullo
shared that the article concerns him greatly. He stated that while this is likely not the first
administration to defer business to friends, Mayor Jeff Longwell has crossed a line and should be
called out by the public and fellow council members. CM Clendenin shared information about the
process and his own thoughts which are conveyed in the following summarized points along with
Cerullo’s responses:
The Mayor has no more or less power than every other council member—he is one vote.
The Council has the power to award a contract, and each council member carries equal
weight with their vote. Therefore it is inaccurate to state the Mayor awarded this contract to
his friends.
Council has been working on a plan for water treatment for years, with talks intensifying
about eight years ago.
Several council members have been concerned about the infrastructure and frequent water
main breaks with the current treatment plant. Previous councils should have raised water
rates and started the process to improve/build new infrastructure long ago. The current
Council has made the difficult decision to raise rates yearly to fix infrastructure.
The new water treatment plant will be a $500 million project—the largest project in City
history.
The Eagle recently reported we could lose water at any time. While our current treatment
plant is old, the City has taken many measures to ensure any problems are able to be fixed
without residents’ access to water being effected.
Two entities responded to the original RFP (Request for Proposal) to build the new water
treatment plant: Jacobs Engineering (a national engineering firm) and Wichita Water
Partners (WWP—a group of local partners being led by Burns & McDonnell). The RFP was
written as a “design, build, operate” project. CM Clendenin did not like the “operate” clause
which influenced his vote to later support a design contest. He does not think the City
should outsource the operation of our most precious asset (water) and feels City staff is
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Minutes for October 2, 2019
qualified to operate the plant upon completion. He also thought the “operate” component of
the RFP limited possible competition for the project.
Council ultimately decided to change the RFP process by voting to conduct a design
competition. Council invited Jacobs and WWP to compete in a design competition in which
each firm would design 30 percent of the plant. This would allow the City to submit their
WIFIA (low interest federal loan) application on time and increase competition between the
participating firms to produce the best product at the best price. Jacobs declined to
participate.
Cerullo shared his summation of the reason why Jacobs declined was because
“the Mayor changed the rules mid-game.” CM Clendenin responded that Council agreed
with the Mayor’s recommendation to do a design competition and reiterated that each
council member’s vote carries equal weight. CM Clendenin shared that Council has full
purview to reject staff/committees’ recommendations during the RFP process, and that
many council members had concerns about Jacobs’ proposal. He shared he will not
speculate on the Mayor’s motive for voting for a design contest. Council ended up voting 4-
3 to move forward with a design contest.
After learning that only one firm was participating in the design contest, CM Clendenin later
voted “no” to accepting WWP’s proposal, because their RFP did not reflect some of his
priorities and the process lacked competition. Council eventually voted 5-2 to accept
WWP’s RFP with CM Clendenin and CM Bryan Frye voting against it.
At this time WWP has only been awarded 30 percent of the design. Once that is complete,
it will come before Council again and Council will decide if they want to move forward with
WWP or put another RFP out for the remaining 70 percent of the design and construction of
the plant.
Cerullo noted that he is faulting the Mayor, and not CM Clendenin, in this process. He
stated the Mayor’s golf trips, emails, and dinners with individuals working for WWP are “way
beyond acceptable,” and that misconduct is further escalated by the nondisclosure of
gifts/costs related to those activities and the Mayor’s refusal to recuse himself from voting in
the matter. CM Clendenin responded by maintaining he will not speculate on the Mayor’s
motive and shared that the Mayor will have to answer to the public. CM Clendenin stated
that as a council member he is not doing his job if he is not building relationships with
businesses in the community. Other DAB members commented on the importance of
Council being cognizant of public perception when it comes to having professional and/or
friendly relationships with businesses contracting with or bidding for City contracts.
Action Taken: Received and filed.
ADJOURNMENT
The meeting was adjourned at 8:51 p.m. The next District III Advisory Board meeting will be held at
6:30 p.m. on November 6, 2019 at the WATER Center, 101 E. Pawnee, Wichita, KS 67211.
Guests
Sheri Johnson Joyce Ballinger D. S.
Tammy D. Steve Coleman Cindy Stephenson
Jason and Penny Langstaff Greg Sidel Barry Banzet
Connie Coleman Janet Price Kevin Dickson
Respectfully submitted,
Maddy Campbell, Community Services Representative, District III
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Agenda
District III Advisory Board
Agenda for October 2, 2019
DISTRICT III ADVISORY BOARD AGENDA (REVISED)
6:30 p.m. | October 2, 2019 | WATER Center, 101 E. Pawnee, Wichita, KS 67211
ORDER OF BUSINESS
Call to Order
Approval of Agenda for October 2, 2019
Approval of Minutes for September 4, 2019
Note: There are no Staff Reports this month
Note: The previously scheduled zoning case (PUD2019-00010) has been deferred and will not
be heard at tonight’s meeting
PUBLIC AGENDA
1. Scheduled Items
There are no scheduled Public Agenda items this month.
2. Off-agenda Items
Any individual present that did not request to speak on the Public Agenda prior to the meeting
may speak at this time.
Recommended Action: Receive and file.
NEW BUSINESS
3. CON2019-00034
Williams will present an application on behalf of Mohsen Etezazi (applicant) and Sanford
Roberts (agent) for a request for a Conditional Use to expand Outdoor Vehicle and Equipment
Sales from Lots 10, 12, a portion of 8 and a portion of 14 to all of Lots 6, 8, 10, 12, 14 and 16
(except the north 10 feet of east 53 feet), Block 3, Wilson’s Addition. The subject properties are
zoned LC Limited Commercial. Outdoor vehicle and equipment sales may be permitted with a
Conditional Use in the LC zoning district.
The subject properties are located south of Harry Street, between Osie and Funston, on the
east side of Broadway Avenue. Lots 6, 8, 14, and 16 are paved with no structures. The site plan
the applicant has provided shows the building at 1728 S. Broadway serving an expanded site
for vehicle sales. A 6-foot wood fence is shown along the east side of the site while a 3-foot
transitioning to 6-foot wood fence is shown along the south and north sides of the site. No
landscaping is shown on the site plan. The site plan shows the site being served by one
centrally located drive from Broadway Avenue.
This section of Broadway Avenue consists of mixed-use development including older, pre-1930,
single-family residences either still being used for single-family residences or having been
converted into two-family or multi-family residential uses along Broadway Avenue. There are
also some multi-family residential structures and various commercial uses including numerous
car sales lots along the Broadway corridor. The zoning along this section of the Broadway
corridor is LC Limited Commercial, which has allowed the commercial development to gradually
displace the older single-family residential development on the corridor.
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Agenda for October 2, 2019
Properties east of the site, across the 20-foot alley, are zoned TF-3 Two-family residential and
are developed primarily single-family residential, although there is a brick duplex directly east of
the site. Properties west of the site are zoned LC Limited Commercial, with development
including a bank and single-family residential structures with either single-family or multi-family
uses. Properties north of the site are zoned LC Limited Commercial and are developed as a
single-family residence and a car lot. Properties south of the site are zoned LC Limited
Commercial and are developed as single-family residential and a car sales lot across Funston.
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. The approval of CON2019-00034 will void CON2004-00030.
2. All requirements of Article III, Section III.D.6.x. of the Unified Zoning Code shall be met.
3. In addition to uses permitted in the “LC” Limited Commercial district, the site shall be
limited to the sales of cars and light trucks. No sale or rental of trailers, vehicles or trucks
larger than pick ups. The vehicle sales lot shall not be conducted in conjunction with any
use not directly related to such a business.
4. Any automotive service or repair work conducted on the site shall be entirely within a
building. No body or fender work shall be permitted without first obtaining “GC” General
Commercial zoning.
5. Parking spaces for employees and customers shall be provided on the property as
required by the UZC and in conformance with the standards established by the City
Traffic Engineer. The parking spaces shall be marked and designated for employees
and customers and shall not be used for display or storage of vehicles for sale, unless
the vehicle is driven by an employee. The vehicle sales lot shall not be conducted in
conjunction with any use not directly related to such a business unless additional parking
spaces for such businesses are provided per a revised site plan approved by the
Planning Director.
6. No temporary display signs are permitted, including the use of commercial flags,
banners, portable signs, pennants, streamers, pinwheels, string lights, search lights,
bunting and balloons.
7. No outside storage of salvaged vehicles or parts shall be permitted in association with
this use.
8. A revised landscape plan shall be submitted showing a landscaped street yard and
landscape buffer along the alley, which shall be provided and maintained on the property
as approved by the Planning Director.
9. A revised site plan reflecting the conditions of approval (including Section III.D.6.x. of the
Unified Zoning Code) shall be submitted for approval by the Planning Director within 60
days of approval of the Conditional Use by the MAPC or governing body, as applicable,
and prior to operation of a vehicle sales lot on the expanded footprint. The site plan shall
include the current 6-foot wooden, stockade type fence, all lighting, including those on
the building, the pole fence along the Broadway Avenue frontage, the location and size
of the office and garage space within the current building, approved signage and solid
screening around the trash receptacle.
10. The site shall be developed in general conformance with the approved site plan and
landscape plan. All improvements shown on the approved site plan and landscape plan
shall be completed prior to the operation of a vehicle sales lot on the expanded footprint.
11. The site shall be developed and operated in compliance with all federal, state, and local
rules and regulations.
12. 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
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Agenda for October 2, 2019
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.
CON2019-00034: https://www.wichita.gov/Council/DABAgendasMinutes/2019-10-
02%20DAB%20III%20CON2019-00034%20Staff%20Report.pdf
BOARD AGENDA
4. Updates, Issues, and Reports
Reports from Council Member James 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
The next District III Advisory Board meeting will be at 6:30 p.m. on November 6, 2019 at the
WATER Center, 101 E. Pawnee, Wichita, KS 67211.
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AGENDA ITEM NO. 4
STAFF REPORT
MAPC – October 10, 2019
DAB III – October 2, 2019
CASE NUMBER: CON2019-00034
APPLICANT/AGENT: Mohsen Etezazi (Applicant)
Sanford Roberts (Agent)
REQUEST: Conditional Use to expand area for
Outdoor Vehicle and Equipment Sales
CURRENT ZONING: LC Limited Commercial
SITE SIZE: 0.51 acres
LOCATION: On the east side of S. Broadway Avenue and within one quarter mile
south of E. Harry Street (1728 South Broadway Avenue)
PROPOSED USE: Vehicle Sales
________________________________________________________________________________________
Metropolitan Area Planning Commission Page 1
CON2019-00034
BACKGROUND: The applicant is requesting a Conditional Use to expand Outdoor Vehicle and
Equipment Sales from Lots 10, 12, a portion of 8 & a portion of 14 to all of Lots 6, 8, 10, 12, 14 & 16
(except the north 10 feet of east 53 feet), Block 3, Wilson’s Addition. The subject properties are zoned LC
Limited Commercial. Outdoor vehicle and equipment sales may be permitted with a Conditional Use in the
LC zoning district.
The subject properties are located south of Harry, between Osie & Funston, on the east side of Broadway.
Lots 6, 8, 14, & 16 are paved with no structures. The site plan the applicant has provided shows the building
at 1728 S. Broadway serving an expanded site for vehicle sales. A 6-foot wood fence is shown along the
east side of the site while a 3-foot transitioning to 6-foot wood fence is shown along the south and north
sides of the site. No landscaping is shown on the site plan. The site plan shows the site being served by one
centrally located drive from Broadway Avenue.
This section of Broadway consists of mixed-use development including older, pre-1930, single-family
residences either still being used for single-family residences or having been converted into two-family or
multi-family residential uses along Broadway. There are also some multi-family residential structures and
various commercial uses including numerous car sales lots along the Broadway corridor. The zoning along
this section of the Broadway corridor is LC Limited Commercial, which has allowed the commercial
development to gradually displace the older single-family residential development on the corridor.
Properties east of the site, across the 20-foot alley, are zoned TF-3 Two-family residential and are developed
primarily single-family residential, although there is a brick duplex directly east of the site. Properties west
of the site are zoned LC Limited Commercial, with development including a bank and single-family
residential structures with either single-family or multi-family uses. Properties north of the site are zoned
LC Limited Commercial and are developed as a single-family residence and a car lot. Properties south of
the site are zoned LC Limited Commercial and are developed as single-family residential and a car sales
lot across Funston.
CASE HISTORY: The Wilson’s Addition was recorded with the Register of Deeds April 9, 1887. A
Conditional Use, CON2003-49, for this larger site was approved by the MAPC at their January 8, 2003
meeting. The applicant felt like he could not meet the conditions of CON2003-49 and withdrew his request
following approval. At that time, Lots 10 and 12 were not developed. There were no recorded protests to
CON2003-49.
A Conditional Use, CON2004-30 for the current, smaller site was approved by the MAPC at their October
7, 2004 meeting. There were no recorded protests to CON2004-30.
An Administrative Adjustment to reduce the compatibility setback along the east property line of Lots 10
& 12 from 25 feet to 20 feet measured to the center of the alley, BZA2004-00040, was approved May 4,
2004.
ADJACENT ZONING AND LAND USE:
NORTH: LC Single-family, Car sales
SOUTH: LC Single-family, Car sales
EAST: TF-3 Single-family, Duplex
WEST: LC Bank, Single-family, Multi-family
________________________________________________________________________________________
Metropolitan Area Planning Commission Page 2
CON2019-00034
PUBLIC SERVICES: Normal municipal services are available. South Broadway Avenue is a paved four-
lane arterial.
CONFORMANCE TO PLANS/POLICIES: The adopted Future Land Use Map of the South Central
Neighborhood Plan identifies this site as appropriate for “Mixed-Use Commercial”. Used car lots are
described as a “least desirable land use”.
The Future Land Use Map of the adopted Wichita-Sedgwick County Comprehensive Plan, the Community
Investment Plan, identifies this site as appropriate for “commercial”. These areas are described as
encompassing the full diversity of commercial development intensities and types typically found in a large
urban municipality. This site conforms to this designation.
RECOMMENDATION: Based upon information available prior to the public hearings, staff
recommends that the request be APPROVED, subject to the following conditions:
1. The approval of CON2019-00034 will void CON2004-00030.
2. All requirements of Article III, Section III.D.6.x. of the Unified Zoning Code shall be met.
3. In addition to uses permitted in the “LC” Limited Commercial district, the site shall be limited to
the sales of cars and light trucks. No sale or rental of trailers, vehicles or trucks larger than pick
ups. The vehicle sales lot shall not be conducted in conjunction with any use not directly related to
such a business.
4. Any automotive service or repair work conducted on the site shall be entirely within a building.
No body or fender work shall be permitted without first obtaining “GC” General Commercial
zoning.
5. Parking spaces for employees and customers shall be provided on the property as required by the
UZC and in conformance with the standards established by the City Traffic Engineer. The parking
spaces shall be marked and designated for employees and customers and shall not be used for
display or storage of vehicles for sale, unless the vehicle is driven by an employee. The vehicle
sales lot shall not be conducted in conjunction with any use not directly related to such a business
unless additional parking spaces for such businesses are provided per a revised site plan approved
by the Planning Director.
6. No temporary display signs are permitted, including the use of commercial flags, banners, portable
signs, pennants, streamers, pinwheels, string lights, search lights, bunting and balloons.
7. No outside storage of salvaged vehicles or parts shall be permitted in association with this use.
8. A revised landscape plan shall be submitted showing a landscaped street yard and landscape buffer
along the alley, which shall be provided and maintained on the property as approved by the
Planning Director.
9. A revised site plan reflecting the conditions of approval (including Section III.D.6.x. of the Unified
Zoning Code) shall be submitted for approval by the Planning Director within 60 days of approval
of the Conditional Use by the MAPC or governing body, as applicable, and prior to operation of a
________________________________________________________________________________________
Metropolitan Area Planning Commission Page 3
CON2019-00034
vehicle sales lot on the expanded footprint. The site plan shall include the current 6-foot wooden,
stockade type fence, all lighting, including those on the building, the pole fence along the Broadway
Avenue frontage, the location and size of the office and garage space within the current building,
approved signage and solid screening around the trash receptacle.
10. The site shall be developed in general conformance with the approved site plan and landscape plan.
All improvements shown on the approved site plan and landscape plan shall be completed prior to
the operation of a vehicle sales lot on the expanded footprint.
11. The site shall be developed and operated in compliance with all federal, state, and local rules and
regulations.
12. 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.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: The character of the neighborhood is that of
mixed-use development consisting of single-family and multi-family residential development and
various commercial uses including used car sales. Most of the property along Broadway is zoned
“LC” Limited Commercial or “GC” General Commercial, with residential zoning limited to areas
along the streets east and west of Broadway. The proposed used car lot is consistent with the zoning,
uses, and character of the area.
2. The suitability of the subject property for the uses to which it has been restricted: The property is
zoned “LC” Limited Commercial. The property is apparently suitable for commercial uses to
which it has been restricted; however, used car sales is an established use on the site and can be
suitable for the expanded property if developed according to the recommended conditions of
approval.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Detrimental
effects should be minimized by the recommended conditions of approval which would limit
signage, lighting, noise, and display area practices from adversely impacting nearby property.
4. Conformance of the requested change to adopted or recognized Plans/Policies: The adopted Future
Land Use Map of the South Central Neighborhood Plan identifies this site as appropriate for
“Mixed-Use Commercial”. Used car lots are described as a “least desirable land use”.
The Future Land Use Map of the adopted Wichita-Sedgwick County Comprehensive Plan, the
Community Investment Plan, identifies this site as appropriate for “commercial”. These areas are
described as encompassing the full diversity of commercial development intensities and types
typically found in a large urban municipality. This site conforms to this designation.
5. Impact of the proposed development on community facilities: The use of this property should have
limited impact on community facilities.
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CON2019-00034
Attachments:
Aerial Photo
Zoning Map
Land use Map
Site Plan
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Metropolitan Area Planning Commission Page 5
CON2019-00034
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Metropolitan Area Planning Commission Page 6
CON2019-00034
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Metropolitan Area Planning Commission Page 7
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CON2019-00034
AGENDA ITEM NO. 3
STAFF REPORT
MAPC October 10, 2019
DAB III October 2, 2019
CASE NUMBER: PUD2019-00010
APPLICANT/AGENT: Brady Wedman (owner/applicant)
Kaw Valley Engineering (agent)
REQUEST: Zone change to PUD Planned Unit Development to create Longfellow
PUD (PUD #67)
CURRENT ZONING: SF-5 Single Family
SITE SIZE: 2.7 acres
LOCATION: One block south of E. Mount Vernon Road and one block west of S.
Broadway Avenue (2116 S. Main)
PROPOSED USE: Commercial Mixed Use
BACKGROUND: The applicant is seeking to establish the Longfellow PUD (PUD #67) on the 2.7 acre
tract generally located one block south of E. Mount Vernon Road and one block west of S. Broadway
Avenue. The applicant has indicated the intent is to allow for the redevelopment of a vacant school building
into a community village with mixed residential and commercial uses. Residential space developed in the
existing building will include apartments/condos and communal spaces for gathering/events. The
commercial aspects of the development are envisioned as but not limited to: studios for artists, art galleries,
Pilates and yoga studios, small supporting retail and commercial uses, and community gardens. The
proposed language for this Planned Unit Development is attached.
The property is currently zoned SF-5 Single Family. The property contains the vacant Longfellow school,
parking lots, and green/recreational space. The properties to the north, south, east, and west have a mix of
SF-5 Single Family and TF-3 Two Family Zoning. The properties have single and two-family homes.
CASE HISTORY: The property was platted as English’s 9th Addition to the City of Wichita, Kansas, and
recorded with the Register of Deeds of Sedgwick County, Kansas, on April 14, 1887.
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Residential
SOUTH: SF-5 Residential
EAST: SF-5; TF-3 Residential
WEST: SF-5; TF-3 Residential
PUBLIC SERVICES: The subject property currently has access to all utilities and paved local streets.
CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept Map from the
Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in
which the site is located as appropriate for Residential and Commercial within the established Central Area.
The recommended rezoning is consistent with the spirit and intent of the Comprehensive Plan and the
policies attached to the designation given to this property.
The Future Land Use Concept Map from the South Central Neighborhood Plan identifies the area in which
the site is located as Institutional surrounded by residential. The recommended rezoning is consistent with
the spirit and intent of these plans.
RECOMMENDATION: Based upon the information available at the time the staff report was prepared,
staff recommends APPROVAL of the application subject to the following conditions:
1. The applicant shall vacate the alley on the subject property.
2. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract
(referenced as PUD #67 Longfellow PUD) has special conditions for development on the property.
3. 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 proposed uses of the property are not out
of character with the existing uses found on site and/or those found within the neighborhood. The
PUD2019-00010
Metropolitan Area Planning Commission Page 2
zoning of the neighborhood is primarily residential while one block to the east of this site is the
commercial corridor of S. Broadway Avenue with primarily Limited Commercial zoning and uses.
The properties to the north, south, east, and west have a mix of SF-5 Single Family and TF-3 Two
Family Zoning. The properties have single and two-family homes.
2. The suitability of the subject property for the uses to which it has been restricted: The vacant school
is limited in use because of SF-5 Single Family zoning. The property may be redeveloped into a
school, church or residential under the current zoning. The purpose of the PUD is to accommodate
the expansion of the uses while providing adequate protections for the neighborhood. The creation
of the PUD for this property is reasonable.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The
requirements of the PUD should mitigate detrimental effects on nearby residential properties.
4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The 2035 Wichita Future Growth Concept Map from the Wichita-Sedgwick County
Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is
located as appropriate for Residential and Commercial within the established Central Area. The
recommended rezoning is consistent with the spirit and intent of the Comprehensive Plan and the
policies attached to the designation given to this property.
The Future Land Use Concept Map from the South Central Neighborhood Plan identifies the area
in which the site is located as Institutional surrounded by residential. The recommended rezoning
is consistent with the spirit and intent of these plans.
5. Impact of the proposed development on community facilities: The subject property currently has
access to all utilities and paved local streets.
Attachments
PUD Drawing
PUD Language
PUD2019-00010
Metropolitan Area Planning Commission Page 3
PROJECT DESCRIPTION:
THIS PLANNED UNIT DEVELOPMENT (PUD) IS INTENDED TO ALLOW FOR THE REDEVELOPMENT OF A
VACANT SCHOOL BUILDING INTO A COMMUNITY VILLAGE WITH MIXED RESIDENTIAL AND COMMERCIAL
USES. THE RESIDENTIAL SPACE DEVELOPED IN THE EXISTING BUILDING WILL INCLUDE
APARTMENTS/CONDO(S) AND COMMUNAL SPACES FOR GATHERING/EVENTS SIMILAR TO MULTI-
FAMILY USES IN THE CITY. THE COMMERCIAL ASPECTS OF THE DEVELOPMENT ARE ENVISIONED AS BUT
NOT LIMITED TO: STUDIOS FOR ARTISTS, ART GALLERY, PILATES AND YOGA STUDY, SMALL SUPPORTING
RETAIL AND COMMERCIAL USES, AND COMMUNITY GARDENS. IT IS RECOGNIZED THAT THE PROJECT
LOCATION IS IN A HEAVY RESIDENTIAL AREA, AND THE PUD IS INTENDED TO ADDRESS DEVELOPMENT
STANDARD CONCERNS AND ESTABLISH NEW ALLOWED USES THAT WILL BENEFIT THE SURROUNDING
COMMUNITY AS A WHOLE.
PROPOSED USES:
ALL USES PERMITTED BY RIGHT, INCLUDING COMMERCIAL USES WITH SUPPLEMENTAL CONDITIONS, IN
THE CENTRAL BUSINESS DISTRICT (CBD). SUBJECT TO THE FOLLOWING CONDITIONS:
ALL INDUSTRIAL, MANUFACTURING, AND EXTRACTIVE USES ARE PROHIBITED EXCEPT:
MANUFACTURING, LIMITED; RESEARCH SERVICES; WHOLESALE OR BUSINESS SERVICE IS
PERMITTED SUBJECT TO RESTRICTIONS IN THE GENERAL NOTES.
AND,
THE FOLLOWING COMMERCIAL TYPE USES ARE PROHIBITED: AUDITORIUM OR STADIUM,
CEMETERY, CORRECTIONAL FACILITY, CORRECTIONAL PLACEMENT RESIDENCE, LIMITED AND GENERAL,
GOLF COURSE, RECYCLING COLLECTION STATION, PRIVATE; RECYCLING COLLECTION STATION PUBLIC;
RECYCLING PROCESSING CENTER; REVERSE VENDING MACHINE; ANIMAL CARE, LIMITED AND GENERAL,
AUTOMATED TELLER MACHINE; CAR WASH; CONSTRUCTION SALES AND SERVICE; CONVENIENCE
STORES ; ENTERTAINMENT ESTABLISHMENT IN THE CITY, HOTEL OR MOTEL, MARINE FACILITY,
RECREATIONAL, MONUMENT SALES, NIGHTCLUB IN THE CITY, PARKING AREA, COMMERCIAL,
PAWNSHOP; PRINTING AND COPYING, GENERAL, SERVICE STATION; TAVERN AND DRINKING
ESTABLISHMENT, VEHICLE AND EQUIPMENT SALES, OUTDOOR; VEHICLE REPAIR, LIMITED; VEHICLE
REPAIR, GENERAL; WAREHOUSE, SELF-SERVICE STORAGE.
GENERAL NOTES:
1. THE PUD AND PROPOSED USES ARE FOR THE EXISTING BUILDING. SHOULD ANY OTHER
DEVELOPMENT TAKE PLACE WITHIN THE PUD AREA IN THE FUTURE, IT SHALL BE SUBJECT TO SITE PLAN
SUBMITTAL TO THE DIRECTOR OF PLANNING. FUTURE DEVELOPMENT SHALL COMPLY WITH THE SPIRIT
AND INTENT OF THIS PUD OR MAY BE APPROVED IF DETERMINED TO CAUSE NO FURTHER BURDEN TO
THE COMMUNITY.
2. MANUFACTURING, LIMITED, RESEARCH SERVICES, AND WHOLESALE OR BUSINESS SERVICE IS
CONSIDERED AN APPROVED USE PER THIS PUD TO ALLOW ARTISTS AND ARTISANS TO PRODUCED
WORKS FOR DISPLAY AND SALE. PROCESSING BY METALLURGISTS, JEWELERS, OR SIMILAR CREATORS
SHALL BE CONSIDERED COVERED BY THIS USE AND SHALL NOT BE CONSTRUED AS A WELDING OR
MACHINE SHOP USE.
3. NIGHTCLUBS AS A PRIMARY USE SHALL BE PROHIBITED. HOWEVER, EVENT CENTER WITH THE
PROVISION OF ALCOHOL AND/OR ENTERTAINMENT AS ACCESSORY USES SHALL BE ALLOWED PROVIDED
THAT THE EVENT CENTER SHALL NOT BE OPEN TO THE PUBLIC ON A REGULAR BASIS AND SHALL BE
LIMITED GATHERINGS SUCH AS LIFE CYCLE EVENTS, CORPORATE OR PROFESSIONAL FUNCTIONS, OR
OTHER SPECIAL EVENTS SUCH AS CHARITABLE EVENTS, FUNDRAISERS, ART SHOWS, HOLIDAY
FESITIVITIES, OR SIMILAR EVENTS AS DETERMINED BY THE ZONING ADMINISTRATOR.
4. RECREATION AND ENTERTAINMENT, INDOOR AND OUTDOOR SHALL BE ALLOWED IN
CONJUNCTION WITH THE OPERATION OF AN EVENT CENTER, BUT SHALL BE RESTRICTED TO OPERATING
HOURS OF 8 AM AT THE EARLIEST AND 10PM AT THE LATEST ON WEEKDAYS. ON WEEKENDS, OUTDOOR
ENTERTAINMENT SHALL BE RESTRICTED TO OPERATING HOURS OF 8 AM AT THE EARLIEST AND 12 AM
AT THE LATEST. FOR ALL OUTDOOR ENTERTAINMENT OCCURRING SOUTH OF THE EXISTING BUILDINGS,
THE ACTIVITY SHALL BE KEPT AS FAR NORTH FROM THE SOUTH PROPERTY LINE AS FEASIBLE.
5. DEVELOPMENT STANDARDS:
EXISTING BUILDING: EXISTING BUILDING SHALL BE ALLOWED AND
CONSIDERED COMPLIANT WITHIN THE AREA OF PUD.
FUTURE DEVELOPMENT: BUILDING SETBACKS-25' FROM ANY RESIDENTIAL USE
-ALL OTHER SETBACKS PER THE LC REGULATIONS
ALL OTHER STANDARDS SHALL BE PER THE LC REGULATIONS
6. EXISTING PARKING SHALL REMAIN AND BE CONSIDERED SUFFICIENT FOR EXISTING BUILDINGS.
IF ANY DEVELOPMENT TAKES PLACE IN THE FUTURE, ADDITIONAL PARKING SHALL BE REQUIRED AS SET
FORTH IN THE U.Z.C.
7. THE SOUTH LINE OF THE PUD AREA SHALL BE SCREENED WITH EITHER SOLID SCREENING OR
LANDSCAPING IN A 25 FOOT AREA AS SHOWN IN THE PUD DRAWING HEREON. COMMUNITY GARDENS
SHALL BE ALLOWED IN SAID LANDSCAPING AREA AND COUNT AS SCREENING.
8. SIGNAGE SHALL BE ALLOWED PER THE SIGN CODE FOR THE CITY OF WICHITA FOR SIGNAGE
ALLOWED IN THE GO DISTRICT.
9. THE TRANSFER OF THE TITLE ON ALL OR ANY PORTION OF THE LAND INCLUDED IN THE
DEVELOPMENT DOES NOT CONSTITUTE A TERMINATION OF THE PLAN OR ANY PORTION THEREOF, BUT
SAID PLAN SHALL RUN WITH THE LAND FOR DEVELOPMENT AND BE BINDING UPON THE PRESENT LAND
OWNERS, THEIR SUCCESSORS AND ASSIGNS AND THEIR LESSEES UNLESS AMENDED.
10. TRASH RECEPTACLES SHALL BE APPROPRIATELY SCREENED TO HIDE THEM FROM GROUND
VIEW.
11. THE ARCHITECTURAL CHARACTER OF BUILDINGS SHALL BE CONSISTENT WITH THE EXISTING
STRUCTURES. PRIOR TO ISSUANCE OF BUILDING PERMITS, ARCHITECTURAL RENDERINGS SHALL BE
SUBMITTED TO THE DIRECTOR OF PLANNING FOR FINAL APPROVAL.
12. THE DEVELOPMENT OF THIS PROPERTY SHALL PROCEED IN ACCORDANCE WITH THE
DEVELOPMENT PLAN AS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION AND
APPROVED BY THE GOVERNING BODY, AND ANY SUBSTANTIAL DEVIATION OF THE PLAN, AS
DETERMINED BY THE ZONING ADMINISTRATOR OR THE DIRECTOR OF PLANNING, SHALL CONSTITUTE A
VIOLATION OF THE BUILDING PERMIT AUTHORIZING THE PROPOSED DEVELOPMENT.
13. AMENDMENTS, ADJUSTMENT OR INTERPRETATIONS TO THIS P.U.D. SHALL BE DONE IN
ACCORDANCE WITH THE UNIFIED ZONING CODE.
TRACT A DESCRIPTION:
LOTS 89-121 ODD ON MAIN ST. AND LOTS 90-120 EVEN ON MARKET ST., ENGLISH'S 9TH ADDITION, CITY
OF WICHITA, SEDGWICK COUNTY, KANSAS.
TOTAL AREA = 2.8 +/- ACRES
LONGFELLOW
PLANNED UNIT DEVELOPMENT (PUD-XXXX)
2019-09-25
1096PUD