District 3 Advisory Board

District 3 Advisory Board Agenda Wednesday, March 4, 2020 6:30 p.m. WATER Center, 101 E. Pawnee, Wichita, KS 67211 ORDER OF BUSINESS  Call to Order  Approval of Agenda for March 4, 2020  Approval of Minutes for February 5, 2020  Recognition of termed DAB members (Paul Davis and David Robbins) STAFF REPORTS 1. Wichita Fire Department Staff will present District 3 fire statistics, discuss relevant safety topics, provide department updates, and answer questions. 2. Wichita Police Department Community Policing Officers will present District 3 statistics and crime trends, discuss relevant safety topics, provide department updates, and answer questions. Recommended Action: Receive and file. PUBLIC AGENDA 3. Scheduled Items There are no scheduled Public Agenda items this month. 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. NEW BUSINESS 5. Keepers on Parade ArtsPartners and Sarah and Chiyoko Myose—artists selected to represent District 3 for this project—will be presenting information on an upcoming city-wide art installation. Background: W and the Wichita Regional Chamber of Commerce have partnered with Together Wichita to commemorate Wichita’s 150th birthday. Together Wichita will be donating 13 Keepers on Parade to be placed in city parks and other venues. Keepers on Parade is a public art project featuring 10-foot tall fiberglass replicas of the Keeper of the Plains that are painted, adorned, and magically transformed by local artists. DAB 3 | March 4, 2020 | Agenda 1  The project is being coordinated through the City of Wichita Parks Board and City Council. Once completed, 12 keepers will be placed in 12 different parks across the city that are split across all six city districts and the remaining keeper will be placed at a location of the Mayor’s choosing. Selected parks include:  District 1: Dr. Glen Dey Park and Fairmount Park  District 2: Eastview Park and Stryker Sports Complex  District 3: Planeview Park and Clapp Park  District 4: West Douglas and Osage Park  District 5: Buffalo Park and Pracht Wetlands Park  District 6: Minisa Park and Orchard Park Each statue’s artwork will be representative of the district it is placed in and will be transformed by an individual artist or artists who live in or have a unique connection to that district. Artists will be attending DAB meetings to collect feedback and inspiration on how they should design their statue. The following District 3 artists and locations were selected for this project:  ArtsPartners - Planeview Park  Sarah and Chiyoko Myose - Clapp Park Recommended Action: Provide related stories, anecdotes, and feedback to help the artists tailor their designs accordingly. 6. Relocation of Sanitary Sewer Line Under I-135 Stan Breitenbach, Special Projects Engineer, Public Works & Utilities will provide information about an upcoming sanitary sewer relocation project near the K-15 neighborhood. The project consultant will also be present to answer questions. Background: The canal route interceptor sewer from English to Wastewater Treatment Plant 1 (WWTP 1) was constructed during the 1950’s. In the late 1960’s, Interstate 135 was constructed on each side of the canal channel. Since the main interceptor sewer was relatively new, the sewer was not relocated and the interstate highway was constructed over the sewer. In 2005, the City Council approved a project to inspect access to the sanitary sewer and pipe. Using sonar and television equipment, the inspection revealed deteriorated portions of the sewer access points and pipe. Subsequently, in 2008, the City Council approved funding to relocate the northern portion of the line (Pawnee to English) out from under the north-bound lanes of the highway to a new location east of I-135. That project was completed in 2012. The remaining southern portion of the same line, located under the south-bound lanes of I-135 from Pawnee to WWTP 1 is in need of replacement. A neighborhood meeting was held February 19, 2020 to present the proposed alignment. The City Council public hearing for this project is scheduled for 9 a.m. on March 17 in the City Council Chambers, 1st Floor, City Hall, 455 N. Main, Wichita, KS 67202. Recommended Action: Approve proposed design concept. DAB 3 | March 4, 2020 | Agenda 2  Sanitary Sewer Relocation Project Presentation: https://www.wichita.gov/Council/DABAgendasMinutes/2020-03-04%20DAB%203%20- %20Relocation%20of%20Sanitary%20Sewer%20Line%20Under%20I-135%20Presentation.pdf Sanitary Sewer Relocation Project Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-03-04%20DAB%203%20- %20Relocation%20of%20Sanitary%20Sewer%20Line%20Under%20I- 135%20Staff%20Report.pdf Sanitary Sewer Relocation Project Map: https://www.wichita.gov/Council/DABAgendasMinutes/2020-03-04%20DAB%203%20- %20Relocation%20of%20Sanitary%20Sewer%20Line%20Under%20I-135%20Map.pdf 7. CON2020-00001 Dave Yearout, Principal Planner, Metropolitan Area Planning Department will present an application on behalf of The Tap of Kansas Holdings, LLC (Steve May) (Owners), Network Real Estate, LLC (Matt Schlichter) (Agent), AT&T Mobility (Brian Harriss) (Tower Owner) for a City Conditional Use permit to allow the placement of a 125-foot tall cell tower for AT&T Mobility on property located on the south side of East 31st Street South and 900 feet west of South Oliver Avenue (4665 E. 31st St.) which is zoned LI Limited Industrial (LI). This location is outside the area authorized for administrative approval of wireless communication facilities; therefore, the Unified Zoning Code requires a Conditional Use for wireless communication in the LI District at the proposed location. At its regular meeting on February 20, 2020, the Wichita-Sedgwick County Metropolitan Area Planning Commission voted to approve this request (10-0) as recommended by staff. If there is no formal protest filed by March 5, 2020 the MAPC action will be considered final. If a valid protest is filed, the application will be presented to City Council on April 7. Recommended Action: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED, subject to the following conditions: A. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility within 50 days of submittal of the building permit application, and the Wireless Communication Facility shall be erected within one year of the issuance of the Conditional Use by the MAPC or Governing Body, as applicable. B. The support structure shall be a "monopole" design that is silver or gray or a similar unobtrusive color with a matte finish to minimize glare. C. The support structure shall be no taller than 125 feet in height, plus an additional five (5) feet for lightning suppression equipment. D. The equipment compound shall be screened with a six (6) foot tall solid screening fence. E. A site plan and elevation drawing indicating the approved design of the Wireless Communication Facility shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use and prior to the issuance of the building permit. F. The site shall be developed in general conformance with the approved site plans. All improvements shall be completed before the facility becomes operational. DAB 3 | March 4, 2020 | Agenda 3  G. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and "impacts to terminal instrument procedures" for the proposed wireless communication facility and shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA approval to the Metropolitan Area Building and Construction Department prior to the issuance of a building permit. H. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. I. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. CON2020-00001 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-03-04%20DAB%203%20- %20CON2020-00001%20Staff%20Report.pdf CON2020-00001 Proposed Site Plan: https://www.wichita.gov/Council/DABAgendasMinutes/2020-03-04%20DAB%203%20- %20CON2020-00001%20Proposed%20Site%20Plan.pdf CON2020-00001 Supporting Documents: https://www.wichita.gov/Council/DABAgendasMinutes/2020-03-04%20DAB%203%20- %20CON2020-00001%20Support%20Documents.pdf BOARD AGENDA 8. 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 3 Advisory Board meeting will be held at 6:30 p.m., Wednesday, April 1, 2020 at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. DAB 3 | March 4, 2020 | Agenda 4  Agenda Item No. 6 City of Wichita District III Advisory Board Meeting March 4, 2020 TO: City Council Member James Clendenin SUBJECT: Relocation of Sanitary Sewer Line Under Interstate 135 INITIATED BY: Department of Public Works and Utilities AGENDA: New Business Recommendation: Approve the design concept. Background: The canal route interceptor sewer from English to Wastewater Treatment Plant 1(WWTP 1) was constructed during the 1950s. In the late 1960s, Interstate 135 (I-135) was constructed on each side of the canal channel. Since the main interceptor sewer was relatively new, the sewer was not relocated and the interstate highway was constructed over the sewer. On July 26, 2005, the City Council approved a project to inspect access to the sanitary sewer and pipe. Using sonar and television equipment, the inspection revealed deteriorated portions of the sewer access points and pipe. Subsequently, on August 5, 2008, the City Council approved funding to relocate the northern portion of the line (Pawnee to English) out from under the north-bound lanes of the highway to a new location east of I-135. That project was completed in 2012. The remaining southern portion of the same line, located under the south-bound lanes of I-135 from Pawnee to WWTP 1 is in need of replacement. A neighborhood meeting was held February 19, 2020 at the Water Center to present the proposed alignment. Analysis: On October 2, 2018, the City Council approved a budget to evaluate alternate routing and develop a cost estimate to complete the relocation of the line from under the highway. The concept design work has been completed with the proposed re-route location shown on the attached map. Staff estimates completing design by the end of 2020 and beginning construction in early 2021. Financial Considerations: The current design concept budget is $500,000. Funding of $20,000,000 is programmed in the 2019-2028 Adopted Capital Improvement Program (CIP) in years 2023 and 2024 ($10,000,000 each year). Staff requests $3,000,000 for completion of design, easement acquisitions, and staff oversight at this time with construction funding to be requested at a later date. The revised project timing will be reflected in the 2020 capital budget and the 2021-2030 CIP, which is currently under development. Current and Proposed CIP Programming 2020 2021 2022 2023 2024 Total Adopted 2019- $10,000,000 $10,000,000 $20,000,000 2028 CIP Planned for $3,000,000 $15,000,000 $2,250,000 $20,250,000 2021-2030 CIP Recommendations/Actions: It is recommended that the District Advisory Board recommend approval of the proposed design concept presented by staff. Relocation of 78” Sewer Under I-135 (District III) Public Works and Utilities March 4, 2020 Project History Service Area  Project Goals • Relocate existing 78” sewer • Abandon 78” sewer under I-135 Proposed Corridor  36' Example of 12' 12' 12' Construction in 36' Right of Way  31' Example of Construction in 13' 15.5' 2.5' Residential Area Project Timeline • Public Information Meeting – Held February 19, 2020 • DAB Meeting – TODAY • City Council – March 17, 2020 9:00 AM • Prepare plans – February 2020 to Spring 2021 • Estimated Project Bid – Spring 2021 • Estimated Construction Start – Spring/Summer 2021 • Construction Public Information Meeting will Be Held Prior to Construction 9 Financial Considerations The current design concept budget is $500,000. Funding of $20,000,000 is programmed in the 2019-2028 Adopted Capital Improvement Program (CIP) in years 2023 and 2024 ($10,000,000 each year). Staff requests $3,000,000 for completion of design, easement acquisitions, and staff oversight at this time with construction funding to be requested at a later date. The revised project timing will be reflected in the 2020 capital budget and the 2021-2030 CIP, which is currently under development. Current and Proposed CIP Programming 2020 2021 2022 2023 2024 Total Adopted 2019- $10,000,000 $10,000,000 $20,000,000 2028 CIP Planned for $3,000,000 $15,000,000 $2,250,000 $20,250,000 2021-2030 CIP 10 Recommendations • Approve the design concept 11 Questions? Relocation of 78” Sewer Under I-135 (District III) Public Works and Utilities Proposed Corridor BLAKE PAWNEE MINNESOTA MINNEAPOLIS PROPOSED ALIGNMENT CARSON I-135 SE BLVD SCOTT MINNESOTA GLEN OAKS DR. MARION RD  AGENDA ITEM NO. 7 STAFF REPORT MAPC - February 20, 2020 DAB III - March 4, 2020 CASE NUMBER: CON2020-00001 APPLICANT/AGENT: The Tap of Kansas Holdings, LLC (Steve May) (Owners); Network Real Estate, LLC (Matt Schlichter) (Agent); AT&T Mobility (Brian Harriss) (Tower Owner) REQUEST: Conditional Use for a Wireless Communication Facility (AT&T) CURRENT ZONING: LI Limited Industrial SITE SIZE: Less than 1 acre LOCATION: South side of East 31st Street South and 900 feet west of South Oliver Avenue (4665 East 31st Street South) PROPOSED USE: 125-foot tall wireless communication facility ________________________________________________________________________________________ Metropolitan Area Planning Commission Page 1 CON2020-00001 BACKGROUND: The applicant is requesting a Conditional Use to allow the placement of a 125-foot tall cell tower for AT&T Mobility on property located on the south side of East 31st Street South and 900 feet west of South Oliver Avenue which is zoned LI Limited Industrial (LI). This location is outside the area authorized for administrative approval of wireless communication facilities; therefore, the Unified Zoning Code requires a Conditional Use for a wireless communication in the LI District at the proposed location. The applicable provisions of the Unified Zoning Code (UZC) are as follows: Section III-D.6.g(3): A Wireless Communication Facility shall be approved by Administrative Permit in any zoning District, under the procedures in Sec. VI-G.9 and Sec. VI-H.5, if it conforms to the Location/Design Guidelines in the "Wireless Communication Master Plan" and, for zoning Lots located within the City, is designated on the “Properties Eligible for an Administrative Permit for a Wireless Communication Facility Map” of Sec. I- L.: (e) New ground-mounted facilities up to 150 feet in height in the IP, CBD, LI and GI zoning Districts that comply with the compatibility height standards as outlined in Sec. IV-C.5, which shall not be reduced or waived through the provisions of Sec. V-I.2.e. Section III-D.6.g(4): A Wireless Communication Facility that does not meet the requirements of Sec. III- D.6.g(2) or Sec. III-D.6.g(3) shall be reviewed through the Conditional Use process as outlined in Sec. V-D. Section IV-C.5: 5. Compatibility Height Standards. The following height standards shall apply to development that is subject to compatibility standards, unless reduced or waived through the provisions of Sec. V-I.2. b. Wireless communications facilities shall not exceed a height equal to the distance to the lot line of property zoned TF-3 or more restrictive. For example, a wireless communication facility located 100 feet from the lot line of property zoned TF-3 or more restrictive cannot exceed a height of 100 feet. The above provisions, as applied to this parcel, require the Conditional Use because the location is not in an area eligible for an administrative permit. The Compatibility Height Setback provisions cited above still apply. The applicant has submitted a proposed site plan indicating the proposed tower location is approximately 180 feet south of the property on the north side of East 31st Street South, which is zoned SF-5 Single-Family Residential (SF-5), which meets the setback requirement of the UZC. The site plan also indicates intent to fence the 40-foot by 55-foot lease area with a chain-link fence with landscaping along the north side of the compound except for the entrance gate. This does not meet the ________________________________________________________________________________________ Metropolitan Area Planning Commission Page 2 CON2020-00001 requirement of Section IV-B(3)(e) of the Unified Zoning Code, which requires solid screening from view of any residential district or public right-of-way within 150 feet. As noted below, the subject site is within 150 of the right-of-way for 31st Street South and all the property north of that street is zoned SF-5. The character of the surrounding area is mostly industrial. The parent parcel is zoned LI and occupied with an office/warehouse according to the records from the Sedgwick County Appraiser’s Office. Similar uses and LI zoning exist to the east, west and south. The property to the north across 31st Street South is zoned SF-5 Single-Family Residential (SF-5) and is occupied by the Wichita Regional Fire Training Facility and by Plainview Park. The fire training facility was approved with a Conditional Use Permit granted by CON2008-00068 in January, 2009. CASE HISTORY: The property is part of Caro Third Addition, filed with the Sedgwick County Register of Deeds on May 20, 1968. There are no other zoning actions on record for this property. ADJACENT ZONING AND LAND USE: NORTH: SF-5 safety service operation/park SOUTH: LI office/warehouse EAST: LI office/warehouse WEST: LI office/warehouse PUBLIC SERVICES: The proposed wireless communication facility will not require any municipal services; however, all municipal facilities are available to the property. 31st Street South is classified as a five-lane, arterial with all improvements. CONFORMANCE TO PLANS/POLICIES: The “Community Investments Plan 2015-2035” depicts this location as being “industrial”. This particular use would not be out of character with the spirit and intent of the plan’s acceptable uses for this location. This location is adjacent to, but outside the designated “established central area” of the City of Wichita. The Wireless Communication Master Plan outlines the guidelines for locating Wireless Communication Facilities. The proposed cell tower meets the general intent of the plan and the Conditional Use as recommended meets the spirit and intent of supporting expansion of coverage for this industry within the community. The combined conclusion for conformance to the Plans and Policies is this request complies with the overall spirit and intent to accommodate both the expansion of wireless communication capabilities within the City, while honoring the introduction of this type of use at this location by requiring the conditional use approval process and applying all the supplementary regulations to the property to mitigate the impacts associated with the new development. RECOMMENDATION: Based upon the information available prior to the public hearings, planning staff recommends that the request be APPROVED subject to the following conditions: A. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility within 50 days of submittal of the building permit application, and the Wireless Communication Facility shall be erected within one year of the issuance of the Conditional Use by the MAPC or Governing Body, as applicable. ________________________________________________________________________________________ Metropolitan Area Planning Commission Page 3 CON2020-00001 B. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive color with a matte finish to minimize glare. C. The support structure shall be no taller than 125 feet in height, plus an additional five (5) feet for lightning suppression equipment. D. The equipment compound shall be screened with a six (6) foot tall solid screening fence. E. A site plan and elevation drawing indicating the approved design of the Wireless Communication Facility shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use and prior to the issuance of the building permit. F. The site shall be developed in general conformance with the approved site plans. All improvements shall be completed before the facility becomes operational. G. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and "impacts to terminal instrument procedures" for the proposed wireless communication facility and shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA approval to the Metropolitan Area Building and Construction Department prior to the issuance of a building permit. H. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. I. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The character of the surrounding area is mostly industrial. The parent parcel is zoned LI and occupied with an office/warehouse according to the records from the Sedgwick County Appraiser’s Office. Similar uses and LI zoning exist to the east, west and south. The property to the north across 31st Street South is zoned SF-5 Single- Family Residential (SF-5) and is occupied by the Wichita Regional Fire Training Facility and by Plainview Park. The fire training facility was approved with a Conditional Use Permit granted by CON2008-00068 in January, 2009. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property has been used as an office and warehouse for some time. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The requested approval for a communication tower will not impact the industrial uses to the east, west or south. The installation of the required screening fencing will mitigate potential impacts to the existing uses to the north. 4. Length of time the property has been vacant as currently zoned: The property has been used zoned commercially for years. 5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: There are no impacts evident under either situation. The requested use is reasonable and will enhance value of the land. 6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The “Community Investments Plan 2015-2035” depicts this location as being ________________________________________________________________________________________ Metropolitan Area Planning Commission Page 4 CON2020-00001  “industrial”. This particular use would not be out of character with the spirit and intent of the plan’s acceptable uses for this location. This location is adjacent to, but outside the designated “established central area” of the City of Wichita. The Wireless Communication Master Plan outlines the guidelines for locating Wireless Communication Facilities. The proposed cell tower meets the general intent of the plan and the Conditional Use as recommended meets the spirit and intent of supporting expansion of coverage for this industry within the community. The combined conclusion for conformance to the Plans and Policies is this request complies with the overall spirit and intent to accommodate both the expansion of wireless communication capabilities within the City, while honoring the introduction of this type of use at this location by requiring the conditional use approval process and applying all the supplementary regulations to the property to mitigate the impacts associated with the new development. 7. Impact of the proposed development on community facilities: The proposed use will have no detrimental impact on community facilities. Attachments: Applicant Supporting Documents ________________________________________________________________________________________ Metropolitan Area Planning Commission Page 5 CON2020-00001