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District 3 Advisory Board

Regular Meeting

Wichita, KS · December 4, 2019

AgendaMinutes

Minutes

District 3 Advisory Board Minutes Wednesday, December 4, 2019 https://www.facebook.com/WichitaDistrict3/videos/288410958743273/ The District 3 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 DAB members, three City staff, and six members of the public were present. Members Present Staff Present Bruce Gass Dave Yearout, Principal Planner, Metropolitan Catherine Johnson Area Planning Department Cindy Miles Mary Hunt, Principal Planner, MAPD David Robbins Maddy Campbell, Community Services Gerald Henry Representative, City Manager’s Office Jared Cerullo Michael Loop Paul Davis Ron Tracy CM Clendenin Members Absent Daisy Olivar Marco Alcocer ORDER OF BUSINESS At 6:30 p.m. CM Clendenin called the DAB meeting to order. The current agenda and the minutes from November 6, 2019 were approved. There were no staff reports this month. PUBLIC AGENDA 1. Scheduled Items There were no scheduled public agenda items this month. 2. Off-Agenda Items There were no off-agenda items this month. Action Taken: Received and filed. NEW BUSINESS 3. PUD2019-00014 Dave Yearout, Principal Planner, Metropolitan Area Planning Department presented an application on behalf of MakeICT Institute – Jens Torell (owner). The applicant is requesting a City Zone Change from SF-5 Single-Family Residential to PUD Planned Unit Development to convert a former school building to mixed use development and maker space on property generally located north of East Mount Vernon Road and a fourth mile west of South Woodlawn Boulevard (5920 E. Mt. Vernon Rd.). The Metropolitan Area Planning Commission heard the zoning case on November 21, 2019 and voted 11-0 to approve the request as recommended by staff. This application will be presented to City Council on January 7 at 9 a.m. at the City Council Chambers, First Floor, City Hall, 455 N. Main, Wichita, KS 67202. DAB 3 December 4, 2020 Minutes 1 The DAB heard the request so that Wichita residents had an opportunity to express their concerns. The owner, Jens Torell, and president of MakeICT, David Springs, were present to speak and answer questions. Springs spoke to the group about MakeICT. He informed them they are a nonprofit organization that provides resources, activities, and classes to help members of the community create. Their flagship program is the MakeICT makerspace-a large facility home to several different areas filled with tools and equipment. Members are allowed to access and utilize the space and equipment any time. Anyone can join the group for $25 per month. Unlike gym memberships there is no required contract, and members are only charged for the months they use the facility. New members are provided with a training class to ensure safety. Currently MakeICT is housed on Douglas Avenue in a 5700 square foot facility. Their new building is allowing them to expand at 22,000 square feet. Springs noted (and MAPD staff confirmed) there have not been any protests or pushback on the zoning case. He proactively addressed the few potential concerns surrounding neighbors may have though. He informed the group that while there are 406 members, the building has low traffic as only a few members use the facility at any given time. Though the building is open 24/7 and some members work there during the night, he provided assurance that noise does not escape the building/premise. Springs went on to talk about the organization’s commitment to and active involvement in the community. MakeICT does a lot of community outreach and is dedicated to educating and facilitating people’s ability to create. To this end they provide numerous educational classes to groups such as Girls Scouts and also offer scholarships to people who might not be able to afford the membership fee. The organization will be a conscientious neighbor as well. They plan on creating and opening up a community garden for the neighborhood and will also allow the neighborhood and nonprofit groups to utilize their building to hold meetings. They met with the East Mt. Vernon Neighborhood Association prior to the MAPC hearing and received eager support from the group. DAB asked and made the following summarized questions and comments: DAB: I want to commend you and think this is a very worthwhile project. DAB: How old is your nonprofit? A: We just celebrated our seventh year anniversary. DAB: Do you have a website? A: Yes, it is www.makeict.org. DAB: What are your hours of operation? A: We are open 24/7. Though someone may come in at 8 p.m. and work all night, we are confident our operation does not create any noise. DAB: Are there any residential units on site? A: No. We do not allow anyone to sleep in our building. DAB: How do you raise money? A: Our organization was started with a grant, and our ongoing operational costs come from our membership fees. DAB 3 December 4, 2020 Minutes 2 DAB: What is the age range of members? A: You must be at least 16 years old to be an official member, though we do teach classes and have activities for kids younger than that. Our oldest current member is about 90 years old. DAB: Does the property go right up to the nearby creek? Who maintains and mows the land that borders the creek? A: The City’s stormwater department maintains and mows that creek bank. DAB: What is “all weather surface” (regarding the listed parking condition)? A: All weather surfacing is primarily crushed rock and property owners are required to keep it weed-free. DAB: What is the capacity of the facility? There are 21 parking places and only one is a paved handicap stall. A: There are standards in the building codes, and the site will be required to be ADA compliant. DAB: I have attended a class with MakeICT and have gone to MakeICT for advice on a project I was working on. It is a great resource to have all these knowledgeable and skilled people in one place and an asset to the community. DAB: If someone wants to get into the aircraft industry and they want to learn sheet metaling or welding, can they come to you? A: We teach various welding classes. We do not currently teach anything related to sheet metal, but would be open to inviting an instruction in for it. DAB: How much does a laser cutter cost? A: The last one we purchased was about $7,000. We maintain all of our own equipment and each area has an expert lead who coordinates repairs. If you want to do work with a laser cutter, or any of our other equipment, we offer the most affordable and accessible way to do that (as opposed to buying the equipment yourself). DAB: Do you worry about theft or crime with your costly equipment? A: We do not worry. Our new building has a camera system, and we make sure each new member is vetted by six current members before they are given a badge to the building. Our badge system keeps track of who is in the building at any given time. In our seven years of operation we have not experienced significant theft. DAB: How does this relate to the facility geared toward entrepreneurs at the Harry Street Mall? A: We will allow people who want to be entrepreneurs to come in and design things on a small scale, but there are better organizations/spaces for entrepreneurs looking to launch large projects. DAB: Did you get any protests? A: None at all. Action Taken: Motion made by Ron Tracy and seconded by Bruce Gass to APPROVE the application per staff’s recommendation. Motion to APPROVE PASSED 8-0-1. Full Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2019-12- 04%20DAB%203%20PUD2019-00014%20Staff%20Report.pdf DAB 3 December 4, 2020 Minutes 3 BOARD AGENDA 4. Updates, Issues, Reports In response to an earlier question, DAB was told information about permitted uses by zone can be found in the Unified Zoning Code located on the Wichita-Sedgwick County Planning website (https://wichita.gov/Planning/Pages/default.aspx). Catherine Johnson informed the group that SoCe Life and the South Central Neighborhood Association are working on installing a community garden on South Broadway. She reported numerous residents and students have contributed to the project. The community feels the garden will be a positive presence on South Broadway and will likely contribute to decreasing blight and crime. CM Clendenin reminded the group the December District 3 Breakfast will be on Saturday, December 7 from 9 to 10:30 a.m. at the Christian Faith Centre, 1130 S. Broadway. There will be a presentation on the Riverfront Legacy Master Plan. The plan is being driven by the private sector with support from both the City and County. The planning coalition has raised approximately $800,000 for the master plan with the City and County each contributing $100,000. He urged the group, especially DAB members, to attend the breakfast to provide feedback and weigh in on the preliminary design concepts. Residents who are not able to attend the District 3 Breakfast were encouraged to engage by providing their thoughts online through the various avenues (questionnaire, email, and quiz) found on the Riverfront Legacy Master Plan’s website: https://www.riverfrontlegacywichita.org/engage-1. Ron Tracy told the group the Southwest Neighborhood Association is hosting a free public breakfast on Saturday, December 7 from 8 a.m. to noon at 1006 W. 26th St. CM Clendenin commented that people will be able to attend both the District 3 and Southwest NA breakfast and encouraged everyone to do so. Jared Cerullo discussed an issue with people illegally trespassing and riding ATV’s along the Big Slough South (“Big Ditch”) near 63rd Street. CM Clendenin advised to call 911 to report it and stated he will have the police department look into the problem. DAB briefly discussed the baseball team name and stadium. Public opinion on the team name is mixed. Many reported feeling excited about the stadium and upcoming baseball season. The group feels the multi-use stadium will be a strong asset for the community and the baseball team will bring economic activity. Ron Tracy addressed an ADA-related concern he has with Naftzger Park and also shared concern about water not being recycled with the park’s fountain. CM Clendenin reported he will be touring Naftzger Park tomorrow and would address these concerns with the contractor and staff. DAB spoke about the Harry Street Bridge project. A member of the public shared the closing of the bridge for over a year is a significant inconvenience. CM Clendenin reported the bridge desperately needed to be fully replaced and hopes that construction will finish in under a year. He stated the new bridge will be a great asset for south Wichita and will feature aesthetic elements, improved signalization, and pedestrian pathways. Some DAB members expressed dissatisfaction about the narrowing of traffic lanes. CM Clendenin explained traffic studies and data support that narrowing the street to two outside lanes and a center turn lane will facilitate a smoother flow of traffic and increase safety. DAB 3 December 4, 2020 Minutes 4 A member of the public shared that it is very difficult to see police officers on motorcycles at night and suggested adding reflective stripes to their uniforms or motorcycles. CM Clendenin noted this and stated he would mention the safety concern to the Police Chief. Gerald Henry asked about the City’s gunshot detection system. He feels the system is not working in the Hilltop neighborhood. CM Clendenin responded that he will request statistics from the police department and reminded the group it is a pilot project and room for improvement is to be expected. CM Clendenin told the group about the City’s Help-2-Others water assistance program. Anyone who received LIEAP in 2019 can apply at City Hall or any of the Neighborhood Resource Centers to receive an automatic $50 credit on their January or February water bill. DAB had a brief discussion about the water treatment plant and need to slightly raise water rates. Action Taken: Received and filed. ADJOURNMENT The meeting was adjourned at 7:38 p.m. The next District 3 Advisory Board meeting will be held at 6:30 p.m. on February 5, 2020 at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Note there is no January DAB meeting due to the holidays. Guests District 5 Council Member Bryan Frye Jens Torell, owner of MakeICT David Springs, president of MakeICT Barbara Davis Richard Ruth Richard Hill Respectfully submitted, Maddy Campbell, Community Services Representative, District 3 DAB 3 December 4, 2020 Minutes 5

Agenda

District III Advisory Board Agenda for December 4, 2019 DISTRICT III ADVISORY BOARD AGENDA 6:30 p.m. | December 4, 2019 | WATER Center, 101 E. Pawnee, Wichita, KS 67211 ORDER OF BUSINESS  Call to Order  Approval of agenda for December 4, 2019  Approval of minutes for November 6, 2019  Note: There are no staff reports this month. Wichita Police Department and Wichita Fire Department staff reports will resume in February 2020. 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. PUD2019-00014 Dave Yearout, Principal Planner, Metropolitan Area Planning Department will present an application on behalf of Make ICT Institute – Jens Torell (owner). The applicant is requesting a City Zone Change from SF-5 Single-Family Residential to PUD Planned Unit Development to convert a former school building to mixed use development and maker space on property generally located north of East Mount Vernon Road and a quarter mile east of South Woodlawn Boulevard (5920 E. Mt. Vernon Rd.). The Metropolitan Area Planning Commission heard the zoning case on November 21, 2019 and voted 11-0 to approve the request as recommended by staff. This application will be presented to City Council on January 7 at 9 a.m. at the City Council Chambers, First Floor, City Hall, 455 N. Main, Wichita, KS 67202. Recommended Action: Staff is supportive of the concept of what is intended with this project; however, they believe there are significant changes that need to be made to the PUD General Provisions. Therefore, based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to the following conditions: A. Rewrite the General Provisions, except provision #1, to read as follows: 2. Parcel uses: The primary use of the facility will be to provide education and resources for the community to create in a collaborative environment. Uses shall be limited to those permitted by-right in the "GO" General Office Zoning District. 1 District III Advisory Board Agenda for December 4, 2019 This PUD specifically prohibits the following uses: Multi-family; Accessory Apartment; Assisted Living; Group Home; Group Residence, Limited or General; Cemetery; Community Assembly; Correctional Placement Residence, Limited or General; Hospital; Nursing Facility; Parks and Recreation; Recycling Collection Station (Private); Bed and Breakfast Inn; Broadcast/Recording Studio; Funeral Home; Hotel or Motel; Marine Facility (Recreational); Retail Liquor Stores; Medical Service; Parking Area, Commercial; Personal Care Service; Personal Improvement Service; Printing and Copying, Limited; Restaurant; Retail, General; and Asphalt or Concrete Plant, Limited. 3. The facility shall be subject to the following conditions: a. Public facility hours where it may be normally open to the public are to be 8 a.m. to 11 p.m., local time. b. Security may be permitted through contracted security services. 4. Parking: A detailed parking layout, complying with the requirements of the Wichita Code, shall be provided on the final PUD drawing, including providing sufficient ADA spaces. 5. Landscaping: The landscape requirements of the Landscape Ordinance shall apply. In the event the owner is required to provide landscaping, a landscape plan shall be prepared indicating the type, location, and specifications of all plant material. 6. Screening: Any new roof-mounted equipment and loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, free-standing coolers or refrigeration units, or outdoor storage use shall be screened from ground level view from any residentially-zoned property to the east and north of the subject property. 7. Setbacks: Setbacks shall be per the Unified Zoning Code for the "GO" General Office. 8. Signage: Signage shall be restricted per the standards of the "GO" General Office District. 9. Exterior lighting: All new exterior lighting shall be per the Unified Zoning Code, and shall be shielded to direct light disbursement in a downward direction. 10. Trash times: Trash collection shall be limited to between the hours of 6 a.m. to 10 p.m. within the subject property. 11. Amendments, adjustments, interpretations: Amendments, adjustments, or interpretations to this PUD shall be done in accordance with the Unified Zoning Code. 2 District III Advisory Board Agenda for December 4, 2019 12. Transfer of title: The Transfer of title of all or any portion of land included within the PUD (or any amendments thereto) does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon present owners, their successors and assigns. 13. Development plan: 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 construction of the proposed development. 14. Changes: Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. D. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract, referenced as PUD #70 MakeICT Planned Unit Development (PUD), has special conditions for development on the property. E. A copy of the recorded certificate along with 4 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. Full Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2019-12- 04%20DAB%20III%20PUD2019-00014%20Staff%20Report.pdf BOARD AGENDA F. 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  Note: The January District III Advisory Board meeting has been canceled due to it falling on a holiday. The next District III Advisory Board meeting will be at 6:30 p.m. on February 5, 2020 at the WATER Center, 101 E. Pawnee, Wichita, KS 67211.  The Riverfront Legacy Master Plan coalition will present their final design concepts to all DAB’s for feedback during December DAB meetings and/or district breakfasts. District III will hear this presentation at the December District III Breakfast held from 9-10:30 a.m. on December 7, 2019 at the Christian Faith Centre, 1130 S. Broadway, Wichita, KS 67211. 3 AGENDA ITEM NO. 3 STAFF REPORT MAPC November 21, 2019 DAB 3 December 4, 2017 CASE NUMBER: PUD2019-00014 APPLICANT/AGENT: Make ICT Institute - Jens Torell (Owner) REQUEST: Establishment of Planned Unit Development #70 to permit uses allowed in the GO General Office zoning district and other specific uses CURRENT ZONING: SF-3 Single-Family Residential SITE SIZE: Approximately 2.48 acres LOCATION: Generally located on the north side of East Mount Vernon Road and one quarter mile east of South Edgemoor Drive PROPOSED USE: Mixed-Use Development BACKGROUND: The applicant is requesting a zone change from SF-3 Single-Family Residential (SF- 3) to a Planned Unit Development (PUD) for approximately 2.48-acres generally located on the north side of East Mount Vernon and approximately one quarter mile east of South Edgemoor Drive on the site of the former Booth Elementary School. The applicant recently acquired the subject property from Hope International Fellowship Church with the intention of converting the subject building into the new location to support the MakeICT mission, which is as follows: MakeICT provides resources and activities to help members of our community create. Our flagship program is the MakeICT makerspace – “…a facility which is home to several different areas filled with tools and equipment. It’s sort of like a gym, but instead of equipment for building your body, we have equipment for building things – whatever it might be! MakeICT is a 501(c)(3) charitable organization and is operated entirely by volunteers. It’s our mission to innovate, learn, and build community at the intersection of art, technology, science, and culture. The Unified Zoning Code (UZC), defines a Planned Unit Development as a special purpose zoning district that is intended to encourage innovative land planning and design and can be used to reduce or eliminate inflexibility that can sometimes result from strict application of the basic requirements of individual zoning districts; allows greater freedom in selecting the means to provide light, air and open space to projects; allows development to take advantage of special site characteristics or land uses and allows for deviation from certain zoning standards that would otherwise apply if not contrary to the general spirit and intent of the zoning code. The information provided by the applicant proposed the following General Provisions for this PUD: 1. Total Land Area: 108,223 sq. ft. (2.48 acres) To be updated with new plat Total Building Coverage: 21,222 sq. ft. Total Building Coverage Ratio: 5.1 percent Total Gross Floor Area: 21,222 sq. ft. Total Floor Area Ratio: 5.1 percent 2. Parcel uses: The primary use of the facility will be to provide education and resources for the community to create in a collaborative environment. Uses shall be limited to those permitted by- right in the "GO" General Office Zoning District, and the following uses: Manufacturing (Limited), Personal Improvement Service, Personal Care Service, Community Assembly, Event Center, Office, and Retail limited to products produced on-site only. Uses shall include Parking, and accessory storage as permitted by the "GO" General Office Zoning District. Permitted… The following uses permitted in the "GO" General Office Zoning District are permitted upon approval of a separate PUD Administrative Adjustment: Assisted Living; Group Residence (Limited and General); Day Care (General); Nursing Facility; Medical Service. Prohibited… This PUD specifically prohibits the following uses: Cemetery; Correctional Placement Residence, Limited; Correctional Placement Residence (General); Hospital; Parks and Recreation; Recycling Collection Station (Private); Hotel or Motel; Marine Facility (Recreational); Retail PUD2019-14 Metropolitan Area Planning Commission Page 2 Liquor Stores, Adult Entertainment Establishments; Sexually Oriented Business; Correctional Placement Residences; Night Club in the City; Tavern and Drinking Establishment; and Asphalt or Concrete Plant (Limited). Exterior audio systems that project sound beyond the boundaries of the PUD are prohibited. Usage conditions… The facility shall be subject to the following conditions: A. Public facility hours where it may be normally open to the public are to be 8:00 a.m. to Midnight, local time, on Friday and Saturday, and from 8:00 a.m. to 11:00 p.m., local time, Sunday through Thursday. B. The occasional use of the facility for large public gatherings shall be limited to 400 persons. These events may include charitable events, art shows, holiday festivities, photographic shoots, corporate or professional functions (i.e. seminars, meetings, lectures) and similar events. At these events, food, beverages (including alcohol), music or dancing may be offered. Outside vendors/caterers hired to serve events shall obtain, and at all times maintain, a liquor license(s) as required from the appropriate local and/or State authorities. No business that is classified as a Drinking Establishment, Tavern, Class A Club or Class B Club, under current Wichita, Kansas ordinances or codes, shall be allowed. Live music, or music provided by a DJ, is an option for events and shall be located entirely within a building. C. Security may be permitted through contracted security services. 3. Parking: A minimum of 21 parking spaces on gravel and 1 existing ADA parking space on concrete shall be required for all uses, and the single ADA stall shall be provided in accordance with the Unified Zoning Code paving standards. The existing ADA accessible parking space is located on-site. Any future expansion of the facility shall provide additional parking at a rate of one parking space per 1,000 square feet of new building coverage. 4. Landscaping: The existing conditions shall be deemed to meet the landscaping and screening requirement of the UZC. The landscape street yard, buffer, and parking lot screening requirements of the Landscape Ordinance do not apply. Any further expansion of the building footprint greater than 1,000 square feet shall trigger compliance with the landscaping and screening requirement of the UZC. In the event the owner is required to provide landscaping, a landscape plan shall be prepared indicating the type, location, and specifications of all plant material. 5. Screening: Any new roof-mounted equipment and loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, free-standing coolers or refrigeration units, or outdoor storage use shall be screened from ground level view from any residentially-zoned property to the east and north of the subject property. 6. Setbacks: Setbacks shall be per the UZC for the "GO" General Office. PUD2019-14 Metropolitan Area Planning Commission Page 3 7. Signage: Signage shall be restricted per the standards of the "CBD" Central Business District. One off-site sign may be permitted, provided it meets the locational requirements of the Sign Code. 8. Exterior lighting: All new exterior lighting shall be per the Unified Zoning Code, and shall be shielded to direct light disbursement in a downward direction. 9. Trash times: Trash collection shall be limited to between the hours of 6:00 am to 10:00 pm within the subject property. 10. Amendments, adjustments, interpretations: Amendments, adjustments or interpretations to this PUD shall be done in accordance with the Unified Zoning Code. 11. Transfer of title: The Transfer of title of all or any portion of land included within the Planned Unit Development (or any amendments thereto) does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon present owners, their successors and assigns. 12. Development plan: 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 construction of the proposed development. 13. Changes: Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. The proposed language proposes many uses that are inconsistent with the original stated intent of the applicant to convert this facility into the new location for MakeICT use. The introduction of many other uses outlined in the proposed use language within this PUD are incompatible with the residential neighborhood and would introduce uses and impacts negative to the area. As such, there needs to be significant modification to the language attached to this PUD request. The surrounding neighborhood is mostly a single-family residential neighborhood and is zoned SF-5 Single-Family Residential. The subject property is adjacent to Gypsum Creek and the attendant drainage improvements on the north and west side. The Cessna East Park is located to the southeast on the south side of East Mount Vernon Road. The is some MF-29 Multiple-Family Residential zoning and LC Limited Commercial zoning on the south side of Mount Vernon to the east of the subject property at Edgemoor Drive, however that property is occupied with a church. CASE HISTORY: The site included in the plat of Greendale Addition, which was recorded with the Sedgwick County Register of Deeds on November 18, 1949, as Reserve A. This area was replatted as the Replat of Reserve A of Greendale Addition, which was recorded with the Sedgwick County Register of Deeds on December 18, 1952. The property is being replatted currently (SUB2019-00051) as the PUD2019-14 Metropolitan Area Planning Commission Page 4 Makerspace Addition, which is intended to clean up some easements and dedications to make the proposed use conform to the ownership. The legal description for this Planned Unit Development will need to conform to the newly described property created within the new plat. ADJACENT ZONING AND LAND USE: North: SF-5 Gypsum Creek South: SF-5 Single-family residences East: SF-5 Single-family residences West: SF-5 Gypsum Creek PUBLIC SERVICES: The property fronts on Mount Vernon, but the primary access is on Drollinger Road. Mount Vernon is a minor arterial, four-lane road with full improvements. Drollinger Road is a two- lane, residential street. All other public utilities are provided to the subject property. CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is considered for commercial uses. The commercial designation states these locations encompass areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. The site is in the Established Central Area (ECA), where infill development and higher density is encouraged. The plan also strongly supports the expansion of existing businesses to surrounding properties. Supporting the new use for this former school facility is consistent with the overall spirit and intent of the objectives of the Comprehensive Plan. RECOMMENDATION: Staff is supportive of the concept of what is intended with this project; however, we believe there is significant changes that need to be made to the PUD General Provisions. Therefore, based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to the following condition: A. Rewrite the General Provisions, except provision #1, to read as follows: 2. Parcel uses: The primary use of the facility will be to provide education and resources for the community to create in a collaborative environment. Uses shall be limited to those permitted by-right in the "GO" General Office Zoning District. This PUD specifically prohibits the following uses: Multi-family; Accessory Apartment; Assisted Living; Group Home; Group Residence, Limited or General; Cemetery; Community Assembly; Correctional Placement Residence, Limited or General; Hospital; Nursing Facility; Parks and Recreation; Recycling Collection Station (Private); Bed and Breakfast Inn; Broadcast/Recording Studio; Funeral Home; Hotel or Motel; Marine Facility (Recreational); Retail Liquor Stores; Medical Service; Parking Area, Commercial; Personal Care Service; Personal Improvement Service; Printing and Copying, Limited; Restaurant; Retail, General; and Asphalt or Concrete Plant, Limited. 3. The facility shall be subject to the following conditions: A. Public facility hours where it may be normally open to the public are to be 8:00 a.m. to 11:00 p.m., local time. B. Security may be permitted through contracted security services. PUD2019-14 Metropolitan Area Planning Commission Page 5 4. Parking: A detailed parking layout, complying with the requirements of the Wichita Code, shall be provided on the final PUD drawing, including providing sufficient ADA spaces. 5. Landscaping: The landscape requirements of the Landscape Ordinance shall apply. In the event the owner is required to provide landscaping, a landscape plan shall be prepared indicating the type, location, and specifications of all plant material. 6. Screening: Any new roof-mounted equipment and loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, free-standing coolers or refrigeration units, or outdoor storage use shall be screened from ground level view from any residentially-zoned property to the east and north of the subject property. 7. Setbacks: Setbacks shall be per the UZC for the "GO" General Office. 8. Signage: Signage shall be restricted per the standards of the "GO" General Office District. 9. Exterior lighting: All new exterior lighting shall be per the Unified Zoning Code, and shall be shielded to direct light disbursement in a downward direction. 10. Trash times: Trash collection shall be limited to between the hours of 6:00 am to 10:00 p.m. within the subject property. 11. Amendments, adjustments, interpretations: Amendments, adjustments or interpretations to this PUD shall be done in accordance with the Unified Zoning Code. 12. Transfer of title: The Transfer of title of all or any portion of land included within the Planned Unit Development (or any amendments thereto) does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon present owners, their successors and assigns. 13. Development plan: 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 construction of the proposed development. 13. Changes: Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. D. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #70 MakeICT Planned Unit Development (PUD) has special conditions for development on the property. E. 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: PUD2019-14 Metropolitan Area Planning Commission Page 6 1. The zoning, uses and character of the neighborhood: The surrounding neighborhood is mostly a single-family residential neighborhood and is zoned SF-5 Single-Family Residential. The subject property is adjacent to Gypsum Creek and the attendant drainage improvements on the north and west side. The Cessna East Park is located to the southeast on the south side of East Mount Vernon Road. The is some MF-29 Multiple-Family Residential zoning and LC Limited Commercial zoning on the south side of Mount Vernon to the east of the subject property at Edgemoor Drive, however that property is occupied with a church. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property is currently restricted to single-family residential development. The presence of the former school building onsite does not support conversion to residential use. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed Planned Unit Development for this project would maintain the same character of the former school use and would be more compatible with uses of the nearby properties. The development concepts and guidelines established within the PUD will provide appropriate mitigation of any potential detrimental effect on nearby properties. 4. Length of time the property has been vacant as currently zoned: The subject property was recently used as a church. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is considered for commercial uses. The commercial designation states these locations encompass areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. The site is in the Established Central Area (ECA), where infill development and higher density is encouraged. The plan also strongly supports the expansion of existing businesses to surrounding properties. Supporting the new use for this former school facility is consistent with the overall spirit and intent of the objectives of the Comprehensive Plan. 6. Relative gain to the public health, safety, and welfare by the destruction of the value of plaintiff's property as compared to the hardship imposed upon the individual landowner: The proposed changes will create no issues to the public health, safety or welfare. 7. Impact of the proposed development on community facilities: There will be no impact on community facilities. Staff Report Attachments 1. PUD #70 Proposed MakeICT PUD PUD2019-14 Metropolitan Area Planning Commission Page 7