District 3 Advisory Board
Regular MeetingWichita, KS · July 1, 2020
Minutes
District 3 Advisory Board Minutes
Wednesday, July 1, 2020 • 6:30 p.m.
WATER Center • 101 E. Pawnee • Wichita, KS 67211
Video of meeting:
https://www.facebook.com/WichitaDistrict3/videos/1118655731842894/
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Order of Business
The District 3 Advisory Board meeting was held at 6:30 p.m. at the WATER Center and live-streamed on
the District 3 Facebook page. Council Member James Clendenin was not physically present, but he was
able to call into the meeting to address the group. Catherine Johnson served as pro tem. All eight DAB
members were present (there are three vacancies on the board); however, one member was not eligible
to vote this month due to an expired oath. There were also two City staff and two members of the public
in attendance.
Members Present Staff Present
Bruce Gass Kathy Morgan, Senior Planner, Metropolitan
Catherine Johnson Area Planning Department
Cindy Miles Maddy Campbell, Community Services
Daisy Olivar Representative, City Manager’s Office
Gerald Henry
Jared Cerullo
Michael Loop
Ron Tracy
Members Absent
CM Clendenin
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Staff Reports
1. Wichita Fire Department
No staff report was provided.
DAB 3 • June 3, 2020 • Minutes • Page 1
2. Wichita Police Department
No staff report was provided.
Action Taken: Received and filed.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Public Agenda
3. Scheduled Items
There were no scheduled Public Agenda items this month.
4. Off-Agenda Items
Richard Ruth, District 3 resident, shared a concern about an elderly neighbor being taken to court due to
a housing violation. He reported the neighbor has been receiving cancer treatment out of town and is not
physically nor financially able to fix his violation. Ruth voiced dissatisfaction that a resident under such
circumstances would be taken to court.
CM Clendenin phoned into the meeting to address Ruth’s concern. He shared that many years ago the
City created a Community Liaison position within the Metropolitan Area Building & Construction
Department’s (MABCD) Neighborhood Inspection division to address such situations. He said that the
City does not wish to take individuals who lack the resources or ability to fix violations to court. The
Community Liaison works to connect residents to needed resources and volunteers to help bring
properties into compliance and keep people out of the court system. CM Clendenin advised the group to
contact him or Community Services Representative Maddy Campbell if they become aware of similar
situations.
Action Taken: Received and filed.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
New Business
5. CON2020-00022
Kathy Morgan, Senior Planner, Metropolitan Area Planning Department presented an application on
behalf of PHB, LLC - Tony Javier (owner/applicant) for a City Conditional Use to allow an event center
located in LC Limited Commercial zoning district adjacent to residential; generally located on the south
side of East Kellogg Drive between South Elpyco and Bleckley Streets (5025 E. Kellogg Drive).
The agent, Kelsey Schackelford, planned to attend the meeting in person but was advised to quarantine
prior to the meeting. She called into the meeting to answer questions and participated through the
livestream feed.
DAB and members of the public asked and made the following summarized questions and comments:
Q (DAB): This is a commercial building already. What is prompting the request for change?
DAB 3 • June 3, 2020 • Minutes • Page 2
A (Morgan): It is considered an event center. The ability to provide alcohol necessitated the Conditional
Use.
Q (DAB): What is the maximum capacity?
A (Morgan): Generally, we only grant Conditional Uses for establishments with a maximum capacity of
300, otherwise there are additional Wichita Fire Department requirements that must be met.
A (Shackelford): There are two separate spaces. The first space has a maximum capacity of 151. The
other space has a maximum capacity of 96. Even with staff on site, we will never exceed 300 people. We
are also currently practicing social distancing and are keeping the sites to half capacity at this time.
Q (DAB): Are there enough bathrooms for large crowds?
A (Morgan): Yes. They have to go through a plan review that involves accessibility, restrooms, etc. as part
of this process.
Action Taken: Motion made by Ron Tracy and seconded by Michael Loop to APPROVE the application
with the listed conditions per staff’s recommendation. Motion to APPROVE PASSED 6-0-1.
CON2020-00022 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-07-
01%20DAB%203%20CON2020-00022%20Staff%20Report.pdf
CON2020-00022 Site Plan: https://www.wichita.gov/Council/DABAgendasMinutes/2020-07-
01%20DAB%203%20CON2020-00022%20Site%20Plan.pdf
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Board Agenda
6. Updates, Issues, and Reports
Michael Loop asked if there were any updates about Clapp Park. Maddy Campbell responded she had
recently attended a Clapp Park meeting with the consultants (Confluence) and Park & Recreation
Department. She shared that there are plans to hold a public meeting in the next four to six weeks which
will provide residents with an opportunity to get information and provide input. She told the group that
there has been some confusion about last year’s efforts by the Clapp Transformation Committee and the
current master planning process with Confluence. She clarified that last year CM Clendenin formed the
Clapp Transformation Committee and tasked them with conducting a robust public outreach effort. The
committee then presented their findings and recommendations to City Council and the Park Board. That
committee’s work laid the foundation for what Confluence and Park & Recreation are doing now. They are
using all the research, feedback, and ideas previously collected to form a master planning document. CM
Clendenin feels public input is vital throughout the entire process, so despite all the opportunities from last
year and the feeling of redundancy, there will still be some ongoing chances for the public to weigh in
while the plan is finalized. This allows the City to be transparent with the process and to ensure the City is
staying on track with what residents want to see happen.
Daisy Olivar shared some concerns about the Planeview Neighborhood. She asked if there are any
plans to resurface Ross Parkway. She also shared that there seems to be a problem with people running
illegal auto repair businesses out of their homes and an increase in illegal dumping. Campbell responded
she is not aware of any plans to resurface Ross Parkway at this time and provided some information
about how MABCD handles illegal business complaints and illegal dumping.
DAB 3 • June 3, 2020 • Minutes • Page 3
Ron Tracy advised the group to take a tour of the new baseball stadium.
Cindy Miles shared that Sedgwick County opened up an application that allows certain organizations
(churches, educational institutions, and some businesses) to fill out a survey and get 90 days’ worth of
free personal protective equipment (PPE). She advised the group to share that with any nonprofits or
organizations that may benefit.
Bruce Gass asked for an update on the Wichita Police Department’s current staffing. Campbell shared
she will look into that and share an update with the group via email and at the next DAB meeting.
Action Taken: Received and filed.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Adjournment
The meeting was adjourned at 7:10 p.m. The next District 3 Advisory Board meeting will be held at 6:30
p.m. on Wednesday, August 5, 2020. It is tentatively scheduled to be held at the WATER Center, 101 E.
Pawnee, Wichita, KS 67211, though the public and DAB members should be prepared for the meeting to
be moved to a virtual platform due to ongoing COVID-19 concerns and restrictions on in-person
gatherings.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Guests
Kelsey Schackelford, agent for CON2020-00022 zoning case
Richard Ruth, District 3 resident
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Respectfully submitted,
Maddy Campbell, Community Services Representative, District 3
DAB 3 • June 3, 2020 • Minutes • Page 4
Agenda
District 3 Advisory Board Agenda
Wednesday, July 1, 2020 • 6:30 p.m.
WATER Center • 101 E. Pawnee • Wichita, KS 67211
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Order of Business
Call to Order
Approval of Agenda for July 1, 2020
Approval of Minutes for June 3, 2020
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Staff Reports
1. Wichita Fire Department
WFD will provide a written staff report to be read into record.
2. Wichita Police Department
WPD will provide a written staff report to be read into record.
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.
DAB 3 • July 1, 2020 • Agenda • Page 1
New Business
5. CON2020-00022
Dave Yearout, Principal Planner, Metropolitan Area Planning Department will present an application
on behalf of PHB, LLC - Tony Javier (owner/applicant) for a City Conditional Use to allow an event center
located in LC Limited Commercial zoning district adjacent to residential; generally located on the south
side of East Kellogg Drive between South Elpyco and Bleckley Streets (5025 E. Kellogg Drive).
The Metropolitan Area Planning Commission public hearing for this item will be on July 9, 2020.
CON2020-00022 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-07-
01%20DAB%203%20CON2020-00022%20Staff%20Report.pdf
CON2020-00022 Site Plan: https://www.wichita.gov/Council/DABAgendasMinutes/2020-07-
01%20DAB%203%20CON2020-00022%20Site%20Plan.pdf
Recommended Action: Based upon information available at the time the staff report was completed,
staff recommends the requested conditional use be APPROVED subject to the following conditions:
1. The facility will be operated similar to an event center where the building or facility is rented out
for private activities, where the patrons are present by invitation only to attend a scheduled event,
where events or activities are not repeated on a weekly basis and where the facility is not open
on a daily basis at times other than when an event is scheduled. To the extent that the presence
of entertainment and/or alcohol, which may technically classify the facility as an “entertainment
establishment” or “nightclub in the city”, approval of this “conditional use” shall not be deemed to
create or allow a facility which is open to the general public whereby alcoholic drinks and/or
cereal malt beverages are sold by individual drink and consumed on the property. No business
that is classified as a “drinking establishment,” “tavern,” “class A club,” or “class B club” as
defined in Chapter 4.04, et seq., of the city Code of Ordinances shall be allowed. “Sexually
oriented businesses,” alcohol sales to the general public or the individual sale of liquor by the
drink is prohibited.
2. The subject property shall be operated accordance with the development standards contained in
Article III, Section III(d)(6)(w) of the Unified Zoning Code.
3. The subject property shall repair and maintain the screening fence along the south property line.
4. Prior to the issuance of any permit or license for an event center, a detailed site plan shall be
approved by the Director Planning addressing in detail the extent and use of the entire property,
including designation of uses for outdoor areas on the property, location and surfacing of
circulation drives and parking, and method of compliance with the screening and landscaping
requirements of the Unified Zoning Code and Landscape Ordinance.
5. No outdoor events shall be permitted unless this Conditional Use Permit is amended as provided
by the Unified Zoning Code.
6. Hours of operation are limited to 6:00 a.m. to midnight, Sunday through Thursday and 1:00 a.m.
on Friday and Saturday.
DAB 3 • July 1, 2020 • Agenda • Page 2
7. Parking lot light poles shall be limited to a maximum of 15 feet in height, including the base, and
shall be shielded to project the light downward and away from residential areas in accordance
with Article III, Section III-D.6.w(4) of the Unified Zoning Code. Parking lot lighting shall be
extinguished by 12:30 a.m. Sunday through Thursday and 1:30 a.m. Friday and Saturday.
8. Events larger than 30 persons shall have private security on-site at all times during the event.
9. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area
Building and Construction Department.
10. If the Zoning Administrator finds there is a violation of any provision or condition of the
Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning
Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of
the Planning Director, declare the Conditional Use null and void.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Board Agenda
6. Updates, Issues, and Reports
Reports from Council Member James Clendenin and the DAB on any projects, activities, events,
programming, resources, issues, etc. 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, August 5, 2020 at the
WATER Center, 101 E. Pawnee, Wichita, KS 67211.
DAB 3 • July 1, 2020 • Agenda • Page 3
AGENDA ITEM NO. 5
STAFF REPORT
MAPC July 9, 2020
DAB III July 1, 2020
CASE NUMBER: CON2020-00022
APPLICANT/AGENT: PHB, LLC – Tony Javier (Owner/Applicant)
REQUEST: Conditional Use for an Event Center in the City
CURRENT ZONING: LC Limited Commercial
SITE SIZE: 2.84 acres
LOCATION: Generally located on the south side of East Kellogg Street and two
blocks east of South Oliver Avenue (5025 East Kellogg Drive)
CON2020-00022
Metropolitan Area Planning Commission Page 1
BACKGROUND: The applicant is requesting a Conditional Use for an event center in the City for the
2.84-acre property at 5025 East Kellogg Drive. This is the former Davis Moore Dealership Office Complex,
which is now known as Strategic Workspace, which, according to the applicant is:
Strategic workspace is a coworking community with private office space. We offer venue
space to accommodate networking events, workshops, training events, seminars, lectures,
or learning events. We will host some of these events ourselves, and we will allow the
public to rent the space to host these events for themselves as well. We anticipate some
use of the space for things such as a wedding reception, but we however have no interest
or plan to sell or be responsible for the distribution of alcohol on the premises. If someone
wishes to provide their guests with alcohol they must do so by hiring a licensed bartending
service with no exceptions. They are also subject to engaging the services of a private
security firm if they will be serving alcohol.
The proposed event center will serve alcohol and could have live entertainment, the Unified Zoning Code
(UZC) defines the use as a nightclub, which requires a Conditional Use when located with 300 feet of a
residential zoning district. The subject property abuts residentially-zoned properties to the south and is
across the street from residentially-zoned property to the west.
A project site plan was submitted with the application and is attached. The site plan shows the extent of
the structure, but does not label all of the uses of the spaces denoted thereon. The above narrative provided
by the applicant describes the activity within the building. There is no plans to construct additions to the
building. The balance of the property is paved and available as parking. No outdoor activities are proposed.
The subject property is subject to the screening along the south. The existing privacy fence is in need of
repair as some of the panels have collapsed or are missing or dilapidated. This needs to be corrected.
The use of this property as an event center is also subject to the restrictions of the Supplementary Uses,
Article III, Section III(d)(6)(w) as follows:
1. No additional Parking Spaces or restroom facilities need be provided for the initial sixteen
occupants to be served in the outdoor area, but Parking and restroom facilities shall be provided to
full Code requirements for the portions of the permitted occupant load exceeding sixteen persons.
2. No noise generated in conjunction with the outdoor use shall exceed a sound level of five decibels
as measured on the 'A' scale of a sound pressure level meter over the normal background noise that
is discernible at any property line of a Lot within 1,000 feet that has a residential zoning
classification. Normal back-ground noise shall be established by taking the average of ten sound
level readings in any ten-minute period.
3. The outdoor area shall be screened from ground level view from any residential-zoned property
within 150 feet of the outdoor area, by screening in accordance with the requirements of Sec. IV-
B.
4. If lighting facilities are provided, the intensity of light and arrangements of reflectors shall be such
as not to interfere with residential uses. The lighting shall be in compliance with the lighting
requirements of Sec. IV-B 4.
5. The outdoor use shall be designed and maintained in compliance with all other licenses, regulations
and requirements of the fire, health, and building codes, including requirements for emergency
access to or from any barriers that limit ingress or egress.
CON2020-00022
Metropolitan Area Planning Commission Page 2
The area surrounding the subject property is mixed. Commercial uses exist to the east and west along
Kellogg Drive along both South Elpyco Avenue and South Bleckley Drive. To the west, the property is
zoned LC and MF-29 and has single-family homes south of the commercial uses along Elpyco Avenue. To
the east the property is zoned LC and GO. Across Kellogg to the north are single-family homes on property
zoned TF-3 Two-Family Residential. The property to the south is also zoned TF-3 and occupied by single-
family residential homes.
CASE HISTORY: The property is platted as Davis-Moore 11th Addition to the City of Wichita. The plat
was recorded with the Sedgwick County Register of Deeds on February 14, 1994. The record indicates this
property was included in a rezone request in 2006 for a proposed Walmart extending to Orme Street
(PUD2006-02), which was not approved. The Board of Zoning Appeals granted an expansion of the car
sales lot in Case No. BZA 10-93 on April 27, 1993.
ADJACENT ZONING AND LAND USE:
NORTH: TF-3 US54/400 Highway
SOUTH: TF-3 Residential
EAST: LC and GO Commercial
WEST: MF-29 Residential
PUBLIC SERVICES: East Kellogg Drive is a one-way frontage road along US54/400. Both South
Elpyco Avenue and South Bleckley Drive are paved residential streets. The project site is served by all
other public utilities and services.
CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the
Community Investments Plan, identifies the site as “new residential” on the Future Growth Map Concept
Map and is located within both the Established Central area. The “new residential” category encompasses
areas of land that will likely be developed or redeveloped by 2035 with uses predominately found in the
Residential category. Pockets of Major Institutional and Commercial uses likely will be developed within
this area as well, based upon market-driven location factors. In certain areas, especially those in proximity
to existing industrial uses, highways, rail lines, and airports, pockets of Industrial Uses likely will be
developed.
The site is located with the Established Central Area of the Community Investments Plan. The Wichita
Urban Infill Strategy is focused on the Established Central Area – comprised of the downtown core and the
mature neighborhoods surrounding it in a roughly three mile radius. Increased levels of infill
redevelopment throughout the Established Central Area is a major policy goal of the Community
Investments Plan. One of the strategies to promote infill redevelopment is to permit infill projects.
Given to location along the US54/400 corridor, coupled with the intensity of surrounding commercial uses
to the east and west, the overall spirt and intent of this request appears to be in conformance with the stated
policies and guidelines of the adopted Plans for the City of Wichita.
RECOMMENDATION: Based upon the information available at the time the staff report was completed,
staff recommends the requested conditional use be APPROVED subject to the following conditions:
1. The facility will be operated similar to an event center where the building or facility is rented out
for private activities, where the patrons are present by invitation only to attend a scheduled event,
where events or activities are not repeated on a weekly basis and where the facility is not open on
a daily basis at times other than when an event is scheduled. To the extent that the presence of
entertainment and/or alcohol, which may technically classify the facility as an “entertainment
establishment” or “nightclub in the city”, approval of this “conditional use” shall not be deemed to
CON2020-00022
Metropolitan Area Planning Commission Page 3
create or allow a facility which is open to the general public whereby alcoholic drinks and/or cereal
malt beverages are sold by individual drink and consumed on the property. No business that is
classified as a “drinking establishment,” “tavern,” “class A club,” or “class B club” as defined in
Chapter 4.04, et seq., of the city Code of Ordinances shall be allowed. “Sexually oriented
businesses,” alcohol sales to the general public or the individual sale of liquor by the drink is
prohibited.
2. The subject property shall be operated accordance with the development standards contained in
Article III, Section III(d)(6)(w) of the Unified Zoning Code.
3. The subject property shall repair and maintain the screening fence along the south property line.
4. Prior to the issuance of any permit or license for an event center, a detailed site plan shall be
approved by the Director Planning addressing in detail the extent and use of the entire property,
including designation of uses for outdoor areas on the property, location and surfacing of circulation
drives and parking, and method of compliance with the screening and landscaping requirements of
the Unified Zoning Code and Landscape Ordinance.
5. No outdoor events shall be permitted unless this Conditional Use Permit is amended as provided
by the Unified Zoning Code.
6. Hours of operation are limited to 6:00 a.m. to midnight, Sunday through Thursday and 1:00 a.m.
on Friday and Saturday.
7. Parking lot light poles shall be limited to a maximum of 15 feet in height, including the base, and
shall be shielded to project the light downward and away from residential areas in accordance with
Article III, Section III-D.6.w(4) of the Unified Zoning Code. Parking lot lighting shall be
extinguished by 12:30 a.m. Sunday through Thursday and 1:30 a.m. Friday and Saturday.
8. Events larger than 30 persons shall have private security on-site at all times during the event.
9. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area
Building and Construction Department.
10. If the Zoning Administrator finds there is a violation of any provision or condition of the
Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning
Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of
the Planning Director, declare the Conditional Use null and void.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: The area surrounding the subject property
is mixed. Commercial uses exist to the east and west along Kellogg Drive along both South Elpyco
Avenue and South Bleckley Drive. To the west, the property is zoned LC and MF-29 and has
single-family homes south of the commercial uses along Elpyco Avenue. To the east the property
is zoned LC and GO. Across Kellogg to the north are single-family homes on property zoned TF-
3 Two-Family Residential. The property to the south is also zoned TF-3 and occupied by single-
family residential homes.
2. The suitability of the subject property for the uses to which it has been restricted: The
property is presently zoned LC Limited Commercial and is currently used for office uses.
CON2020-00022
Metropolitan Area Planning Commission Page 4
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The
additional use of this property for the event center is deemed compatible with the surrounding
properties given the mitigation measures attached as conditions to this request.
4. Length of time the property has been vacant as currently zoned: The property has been
privately used but the proposed use enhances the value of the property.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan,
identifies the site as “new residential” on the Future Growth Map Concept Map and is located
within both the Established Central area. The “new residential” category encompasses areas of
land that will likely be developed or redeveloped by 2035 with uses predominately found in the
Residential category. Pockets of Major Institutional and Commercial uses likely will be developed
within this area as well, based upon market-driven location factors. In certain areas, especially
those in proximity to existing industrial uses, highways, rail lines, and airports, pockets of Industrial
Uses likely will be developed.
The site is located with the Established Central Area of the Community Investments Plan. The
Wichita Urban Infill Strategy is focused on the Established Central Area – comprised of the
downtown core and the mature neighborhoods surrounding it in a roughly three mile radius.
Increased levels of infill redevelopment throughout the Established Central Area is a major policy
goal of the Community Investments Plan. One of the strategies to promote infill redevelopment is
to permit infill projects.
Given to location along the US54/400 corridor, coupled with the intensity of surrounding
commercial uses to the east and west, the overall spirt and intent of this request appears to be in
conformance with the stated policies and guidelines of the adopted Plans for the City of Wichita.
6. Impact of the proposed development on community facilities: There will be no negative
impacts on community facilities.
Staff Report Attachments:
1. Applicant Narrative
2. Site Plan
CON2020-00022
Metropolitan Area Planning Commission Page 5