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District 3 Advisory Board

Regular Meeting

Wichita, KS · October 6, 2021

AgendaMinutes

Minutes

District 3 Advisory Board Minutes Wednesday, October 6, 2021 • 6:30 p.m. WATER Center, 101 E. Pawnee, Wichita, KS 67205 • Zoom and Facebook Video of meeting: https://fb.watch/8t_CG2s29u/ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business The District 3 Advisory Board meeting was held at 6:30 p.m. at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. DAB members, staff/presenters, and residents also had the option to participate virtually via the platform Zoom, and the meeting was live-streamed on the District 3 Facebook page. Council Member Jared Cerullo and seven DAB members, nine City staff, and five members of the public were in attendance. The current agenda and minutes from September 1, 2021 were approved. Members Present Staff Present Daisy Olivar Officer Casey Richwine, Wichita Police David Kapaun (Zoom) Department Emily Fogg Officer David Stull, WPD Gerald Henry Officer Benjamin Ludwig, WPD Michael Loop Lt. Josh Forbes, Wichita Fire Department Richard Ruth (Zoom) D. Winter, WFD (Zoom) Ron Tracy Sean Jones, Library Jaime Prothro, Library Members Absent Matt Williams, Metropolitan Area Planning Bentley Jaxon Young (youth member) Department (Zoom) Catherine Johnson Maddy Campbell, Office of Community Services Cindy Miles Jessica Lucas Joseph Shepard • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports 1. Wichita Police Department DAB 3 • October 6, 2021 • Minutes • Page 1 Community Policing Officers shared district and city-wide statistics and crime trends and department updates. Staff also discussed relevant public safety topics and answered questions from the DAB and public. Officer David Stull, Patrol South shared the following:  All crime trends for District 3 are down with the exception of larceny.  There is a new team, ACE team, on special assignment for auto theft.  The last recruit class is on the streets now. A new class with 20-30 members has recently started.  We recently did a special assignment to address catalytic converter thefts. There has been some good progress with that, and the new ACE team is addressing it as well. Officer Benjamin Ludwig, Patrol East shared the following:  We are hosting a Trunk or Treat event from 6-8 p.m. on October 22 at Clapp Park and expect thousands of kids/families to come. Residents can donate candy to any of the patrol stations. 2. Wichita Fire Department Staff provided monthly district statistics, shared information on seasonal fire and public safety topics, and answered questions from the DAB and public. Lt. Josh Forbes shared the following information:  There were two significant fires in District 3 last month.  Call our downtown offices at 455 N. Main to get information about having smoke alarms checked and replaced. DAB and members of the public asked and made the following summarized questions and comments: Q (DAB): Do you have information on checking or having smoke alarms replaced? A: You can contact our office at 455 N. Main to get information about having your smoke alarms checked and replaced. Q (public): Do the problems with air quality contribute to additional fires? A: I am uncertain. 3. Wichita Public Library Sean Jones, Communication Specialist shared the following department updates with a focus on the services, programs, and events at District 3’s Walters Branch Library: Story times are back this fall! For health and safety reasons, we are hosting our story times outdoors in the cool fall Kansas weather, weather permitting. We have several story time series scheduled at different locations. Visit www.wichitalibrary.org/events to learn more. This year, the Library has been working with a business called Sonify, along with Envision and the Wichita Community Foundation, and members of the blind and visually impaired (BVI) community to create projects around data-driven storytelling. The purpose of this project is to make data sets more accessible to the BVI community through auditory means, like podcasts and music. Last month, the group met with experts in data research and sonification and took a deep dive into this new trend of communication. We look forward to continuing this work and seeing how we can incorporate this method of information sharing into the Library culture. The Library recently launched a pilot program to increase accessibility to the Library’s e-collections to those that do not have library cards. Overdrive, the Library’s e-book vendor, offers an Instant Digital Card (IDC) that allows community members to sign up to access e-books and audiobooks with a cell phone DAB 3 • October 6, 2021 • Minutes • Page 2 number. The IDC authenticates off zip code so residents in Wichita can access these e-materials. This is a great way for customers who aren’t familiar with the Library to still use Library services. This new service is being promoted at the airport through brochures – an ideal place for people who need access to a book for their flight. Customers will see some positive changes when placing holds on materials through the online catalog. Part of this year’s budget process included the implementation of no hold fees. Previously, materials placed on hold through the catalog were charged 25 cents. Those fees are now gone. We will still charge a $1 per item fee if a customer doesn’t pick up their holds within the reservation period of seven days. You can browse the online catalog at catalog.wichitalibrary.org. This month, we welcome the next Director of Libraries back to the Wichita Public Library. Jaime Prothro began service as the Director of Libraries on October 4. She began her professional career with the Wichita Public Library as the Evergreen Branch Manager and later the Customer Services Manager. She spent the last several years as the Customer Experience Director with the Pierce County Library System in Tacoma, Washington. Jaime Prothro, Director introduced herself. She was recently hired as the new Library director. Previously she worked for the Wichita Public Library before moving away for a few years. DAB and members of the public asked and made the following summarized questions and comments: Q (DAB): Is there any chance of having the Walters Branch Library open on Saturdays? A: That is something that is being discussed. We will need to take it through our budget process though, so I cannot give a timeline. Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda 4. Scheduled Items There were no scheduled public agenda items this month. 5. Off-Agenda Items George Theoharis presented to the group about various ideas for keeping neighborhoods blight free. He advocated for proactive neighboring, encouraging neighbors to monitor for violations and work with each other and the City as needed to address them. He requested feedback from the DAB. William Stofer addressed the group. He shared he would like to bring back a previous program that utilizes volunteer neighborhood inspectors to help address blight. He reported he has plans to discuss this proposal with the City Manager. He stated scattered trash and tall grass and weeds are a continuous problem. The issues need to be addressed to attract visitors and development. He advocated for limiting access to alleys to deter illegal dumping. He urged the City to work on coming up with solutions and enforcement to fight blight. Council Member Cerullo shared that neighborhood inspection follows a responsive model and typically only addresses violations as they are reported due to limited staffing. He shared information about the neighborhood cleanup program and additional resources to help cleanup efforts. He also informed the group that the City recently partnered with WSU to conduct a litter study. Results of the study have not DAB 3 • October 6, 2021 • Minutes • Page 3 yet been presented. More information about the litter study can be found here: https://www.wichita.edu/academics/fairmount_college_of_liberal_arts_and_sciences/hugowall/efc/Project _Pages/wichita_litter_study.php Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 6. PUD2021-00017 Matt Williams, Associate Planner presented a request from Mark Ysidro, Mark Sr. LLC (applicant) and Greg Ferris, Ferris Consulting (agent) for a City Zone Change from GC General Commercial and LI Limited Industrial to PUD Planned Unit Development to create the Ysidro 5 th Additional PUD on property generally located on the east side of South Broadway and within one-half mile north of East MacArthur Road (3740 S. Broadway). The Metropolitan Area Planning Commission will hold a public hearing for this request on October 7, 2021. The applicant/agent was not in attendance. DAB and members of the public asked and made the following summarized questions and comments: Q (DAB): How do you ensure items are stored in an orderly manner (referring to letter e in the conditions)? A (MAPD): That is something we require for all salvage yards. It is a condition of approval when they originally allow for salvaging on the property, and an inspector would have assessed for this on the front end. They would have had to provide a site plan. We require gravel roads to be capable of supporting fire apparatuses and that there are not any issues related to access. We try to catch issues upfront, but we do not proactively monitor unless there is an issue. Q (DAB): In cases like this, some of the biggest problems are tires catching fire. Is there a limitation on tires? A (MAPD): This site already allows for salvaging, so that is not something we are addressing with this current zoning request. C (public): The Kansas Health Department has standards for how many tires can be kept, unfortunately they are not proactive. Q (DAB): Does the “weed” referred to on letter g need to be 6 or 12 inches? A (MAPD): That is a good question, and I would have to look into the exact number. The goal is to control the overall appearance. Q (public): Is this application for storage units? A (MAPD): No. What they intend to do is to just build a storage building on site for their wrecking and salvage operations on the property. Q (DAB): Did they send out letters to people in the surrounding area? DAB 3 • October 6, 2021 • Minutes • Page 4 A (MAPD): The applicant was required to publish a notification in the newspaper and place signs near the property. They would have been required to also send letters to anyone within 200 feet of the property. I did not receive any calls or emails about the case. Q (DAB): When you send out letters, where do you get the mailing addresses from? A (MAPD): Usually we send out letters to people within 200 feet. If the project is larger, we may expand that up to 1,000 feet. We require the applicant to use a third party certified title company to pull the addresses within the required notification boundary. Those addresses are provided to staff and staff sends out the letters. Q (DAB): When you get the addresses, how are those addresses protected? Are they shared in a PDF or Excel file? A (MAPD): We receive a paper copy of the list. We contact the title company who then provides us with a digital copy. C (DAB): Last time we voted to approve a request when the agent/applicant was not in attendance, we got the shaft. If you do not have time to show up, we do not have time to consider your request. Action Taken: Motion made by David Kapaun and seconded by Richard Ruth to APPROVE the application. Motion to APPROVE PASSED 6-1-0. PUD2021-00017 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-10- 06%20DAB%203%20PUD2021-00017%20Staff%20Report.pdf • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 7. Updates, Issues, and Reports Richard Ruth reported the recent cleanup at Clapp Park went well. He said about 25 volunteers attended to help clean up the creek and park. Ronald Tracy shared the Wichita-Sedgwick County Access Advisory Board submitted a written request for a comprehensive list of buildings within the city that are not ADA complaint. The list has not yet been provided, and he requested CM Cerullo push for this. Paul Davis shared the notification area required in zoning cases (200 feet) is not very far. Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The meeting was adjourned at 7:33 p.m. The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, November 3, 2021. It is scheduled to be held in person at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Residents also have the option to continue participating in DAB meetings virtually via Zoom or DAB 3 • October 6, 2021 • Minutes • Page 5 to watch them live on the District 3 Facebook page. Meeting agendas, minutes, presentations, and documents; Zoom details; and the most up-to-date meeting information can be found on the District 3 webpage. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Guests Paul Davis William Stofer George Theoharis Guest Lonny Wright (Zoom) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Respectfully submitted, Maddy Campbell, District 3 Community Services Representative DAB 3 • October 6, 2021 • Minutes • Page 6

Agenda

District 3 Advisory Board Agenda Wednesday, October 6, 2021 • 6:30 p.m. WATER Center • 101 E. Pawnee, Wichita, KS 67211 Virtual Meeting Option • Zoom and Facebook Live • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • COVID-19 Update and Virtual Meeting Access Information In-person DAB meetings have resumed. The public also has the option to continue participating in DAB meetings virtually via the Zoom platform or to watch the meetings live on the District 3 Facebook page. Zoom meeting details are listed below. Join Zoom meeting on a computer, tablet, or smartphone  Click on the link below and enter the meeting ID and passcode. o https://us06web.zoom.us/j/96174548678?pwd=MjF2K2t4QjFZWExybGpBNnM1OE5xdz0 9 o Meeting ID: 961 7454 8678 o Passcode: 907515 Join Zoom meeting via telephone (audio only)  Dial +1 312 626 6799 and enter the meeting ID and passcode listed above. Charges may apply. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business  Call to Order  Approval of Agenda for October 6, 2021  Approval of Minutes for September 1, 2021 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports 1. Wichita Police Department DAB 3 • October 6, 2021 • Agenda • Page 1 Patrol South and Patrol East community police officers share district and city-wide statistics and crime trends and department updates. Staff also discusses relevant public safety topics and answers questions from the DAB and public. 2. Wichita Fire Department District 3 WFD staff provides monthly district statistics, shares information on seasonal fire and public safety topics, and answers questions from the DAB and public. 3. Wichita Public Library Staff provides department updates with a focus on the services, programs, and events at District 3’s Walters Branch Library. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda 4. Scheduled Items There are no scheduled Public Agenda items this month. 5. 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 6. PUD2021-00017 DAB will hear a request from Mark Ysidro, Mark Sr. LLC (applicant) and Greg Ferris, Ferris Consulting (agent) for a City Zone Change from GC General Commercial and LI Limited Industrial to PUD Planned Unit Development to create the Ysidro 5th Additional PUD on property generally located on the east side of South Broadway and within one-half mile north of East MacArthur Road (3740 S. Broadway). The Metropolitan Area Planning Commission will hold a public hearing for this request on October 7, 2021. Recommended Action: Based on information available at the time of the public hearing, staff recommends APPROVAL of the application. PUD2021-00017 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-10- 06%20DAB%203%20PUD2021-00017%20Staff%20Report.pdf • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 3 • October 6, 2021 • Agenda • Page 2 Board Agenda 7. Updates, Issues, and Reports Reports from the council member and 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 is scheduled to be held at 6:30 p.m. on Wednesday, November 3, 2021. It is scheduled to be held in person at the WATER Center, 101 E. Pawnee, Wichita, KS 67211. Residents also have the option to continue participating in DAB meetings virtually via Zoom or to watch them live on the District 3 Facebook page. Visit the District 3 web page for the most up-to-date meeting information and Zoom details. The meeting agenda and supplemental documents are posted to the webpage the Friday prior to the upcoming meeting. DAB 3 • October 6, 2021 • Agenda • Page 3 AGENDA ITEM NO. 6 STAFF REPORT MAPC: October 7, 2021 DAB III: October 6, 2021 CASE NUMBER: PUD2021-00017 (City) APPLICANT/AGENT: Mark Sr. LLC; Mark Ysidro (applicant), Ferris Consulting; Greg Ferris (Agent) REQUEST: To create the Ysidro 5th Addition Planned Unit Development #91 CURRENT ZONING: GC General Commercial, LI Limited Industrial SITE SIZE: 13.11 acres LOCATION: Generally located on the east side of South Broadway Avenue and within one-half mile north of East MacArthur Road (3740 South Broadway). PROPOSED USE: To permit the property to be developed without parking requirements. BACKGROUND: The applicant is requesting a zone change from GC General Commercial and LI Limited Industrial to PUD Planned Unit Development to create the Ysidro 5th Addition PUD #91 on property generally located on the east side of South Broadway Avenue and within one-half mile north of East MacArthur Road (3740 South Broadway). The property is currently developed as a wrecking and salvage yard with various buildings that include offices, workshops, and mechanic’s bays. The majority of the property is zoned LI with a roughly 250-foot deep portion of the property fronting Broadway zoned GC. The applicant intends to build a new building on the property that will be used for storage. There is the potential for more storage buildings to be constructed in the future. The base zoning and development standards of the proposed PUD are based on those of the LI Limited Industrial zoning district. All uses allowed by-right in the LI Limited Industrial zoning district would be allowed under the proposed PUD. The proposed PUD would also retain the existing wrecking/salvage yard use, previously approved under a Conditional Use (CON2003-00053). The wrecking/salvage yard would be limited to its existing footprint of at least 250 feet away from Broadway. The wrecking/salvage yard would also remain subject to the original conditions of the previously approved Conditional Use, as these conditions are written into the PUD language. These conditions include but are not limited to:  The prohibition of storing or bailing waste, scrap paper, rags, or junk.  The requirement for the wrecking/salvage yard to be entirely enclosed by a metal panel fence not less than eight feet high.  The requirement that the height of the wrecked vehicles or salvage shall not exceed the height of the screening fence.  The requirement to maintain rodent control.  The requirement to control weeds. The proposed PUD would allow the property to be developed without parking requirements that may otherwise be required for the construction of future storage buildings. The PUD will require parking per the Unified Zoning Code only for any building with an office, workshop, or mechanic’s bay. Other general provisions of the PUD include:  Driveways and access within fifty feet of public road shall be paved, all other driveways and access roads shall be allowed to be gravel.  All parking, except handicap parking, shall be allowed to be gravel.  All non-paved parking and access shall be dust retarded and maintained at all times.  No landscaping is required, however if the screening fence along Broadway is removed as part of redevelopment of the property, landscaping will be required as per the Unified Zoning Code. Properties north of the subject site are zoned GC General Commercial and SF-5 Single-Family Residential and are developed with single-family dwellings. Properties south of the subject site are zoned GC General Commercial and SF-5 Single-Family Residential and are developed with an automobile auction site. Properties east of the subject site, across the Arkansas River, are zoned SF-5 Single-Family Residential and are part of the undeveloped Rainbow 2nd Addition housing development. Properties west of the subject site, across South Broadway Avenue, are zoned GC General Commercial and developed with various general commercial uses. CASE HISTORY: In February 2004, a large portion of the subject site was platted as part of the Ysidro Addition (SUB2003-00141). In March 2004, a portion of Ysidro Addition was rezoned from GC General Commercial and SF-5 Single-Family Residential to LI Limited Industrial with a Condtitional Use to allow Vehicle Wrecking/Salvage Yard (ZON2003-00070 & CON2003-00053). In May 2021, the subject site was re-platted as Ysidro 5th Addition (SUB2021-00002). PUD2021-00017 Metropolitan Area Planning Commission Page 2 ADJACENT ZONING AND LAND USE: North: GC: SF-5 Single-Family Dwellings South: GC: SF-5 Automobile Auction Site East: SF-5 River; undeveloped single-family lots West: GC Broadway Avenue; General Commercial Uses PUBLIC SERVICES: South Broadway Avenue is a paved, 4-lane, arterial road. The site is served by municipal water and sewer. CONFORMANCE TO PLANS/POLICIES: The requested zoning would continue to allow the property to be in conformance with adopted plans and policies. The Community Investments Plan: The requested zoning aligns with the goals of the Community Investment Plan. The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be primarily appropriate for New Employment and Industrial. The New Employment category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses that constitute centers or concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices.” The Industrial category is described as follows: “Encompasses areas that reflect the full diversity of industrial development intensities and types typically found in a large urban municipality.” RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties north of the subject site are zoned GC General Commercial and SF-5 Single-Family Residential and are developed with single-family dwellings. Properties south of the subject site are zoned GC General Commercial and SF-5 Single- Family Residential and are developed with an automobile auction site. Properties east of the subject site, across the Arkansas River, are zoned SF-5 Single-Family Residential and are part of the undeveloped Rainbow 2nd Addition housing development. Properties west of the subject site, across South Broadway Avenue, are zoned GC General Commercial and developed with various general commercial uses. 2. The suitability of the subject property for the uses to which it has been restricted: The property is currently developed as a wrecking and salvage yard with various buildings that include offices, workshops, and mechanic’s bays. The majority of the property is zoned LI with a roughly 250-foot deep portion of the property fronting Broadway zoned GC. The proposed PUD would remove required parking for buildings other than those with offices, workshops, or mechanic’s bays. The current site includes enough parking for the existing uses and planned storage buildings. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed PUD will not detrimentally affect nearby properties. The PUD includes all requirements of the previously approved Conditional Use that allowed Vehicle Wrecking/Salvage Yard on the property. The property will continue to be required to be enclosed by an 8-foot metal fence that screens the property. 4. Length of time the property has been vacant as currently zoned: The property is not vacant. The PUD2021-00017 Metropolitan Area Planning Commission Page 3 property appears to have been operating as a Vehicle Wrecking/Salvage Yard since at least the 1980’s. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested zoning would continue to allow the property to be in conformance with adopted plans and policies. The Community Investments Plan: The requested zoning aligns with the goals of the Community Investment Plan. The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be primarily appropriate for New Employment and Industrial. The New Employment category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses that constitute centers or concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices.” The Industrial category is described as follows: “Encompasses areas that reflect the full diversity of industrial development intensities and types typically found in a large urban municipality.” 6. Impact of the proposed development on community facilities: Approval of the request should generate no additional impacts on community facilities. Existing public infrastructure at the site will accommodate uses under the proposed PUD. Attachments: 1. Staff’s Recommended PUD language 2. Applicant’s Proposed PUD Language 3. PUD Drawing 4. Aerial Map 5. Zoning Map 6. Land Use Map 7. Site Pictures PUD2021-00017 Metropolitan Area Planning Commission Page 4 ATTACHMENT: Staff’s Recommended PUD language LEGAL DESCRIPTION: LOT 1 YSIDRO 5TH ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS GENERAL: TOTAL GROSS AREA: 13.70 ACRES ± TOTAL NET AREA: 13.70 ACRES ± GENERAL PROVISIONS: 1. ACCESS CONTROL PER THE RECORDED PLAT. ACCESS TO BROADWAY LIMITED TO THREE OPENINGS. SIZE AND LOCATION DETERMINED BY THE RECORDED PLAT. 2. DRAINAGE PER DRAINAGE PLAN PREVIOUSLY SUBMITTED. 3. BUILDING SETBACKS SHALL BE IN ACCORDANCE WITH THE LIMITED INDUSTRIAL “LI” ZONING DISTRICT. 4. SIGNAGE SHALL BE IN ACCORDANCE WITH THE LIMITED INDUSTRIAL “LI” ZONING DISTRICT. 5. DRIVEWAYS AND ACCESS WITHIN FIFTY FEET OF PUBLIC ROAD SHALL BE PAVED. ALL OTHER DRIVEWAYS AND ACCESS ROADS SHALL BE ALLOWED TO BE GRAVEL. 6. ALL GRAVEL OR NON-HARD SURFACED DRIVEWAYS AND ACCESS ROADS SHALL REQUIRE VERIFICATION FROM AN ENGINEER THAT THEIR SURFACE CAN WITHSTAND FIRE APPARATUSES PRIOR TO ISSUANCE OF BUILDING PERMITS. 7. ALL PARKING, EXCEPT HANDICAP PARKING, SHALL BE ALLOWED TO BE GRAVEL. 8. ALL NON-PAVED PARKING AND ACCESS SHALL BE DUST RETARDED AND MAINTAINED AT ALL TIMES. 9. NO PARKING REQUIRED FOR ANY BUILDING WITHOUT AN OFFICE, WORKSHOP, OR MECHANIC’S BAY. 10. PARKING REQUIRED PER THE UZC FOR ANY BUILDING WITH AN OFFICE, WORKSHOP, OR MECHANIC’S BAY. 11. LIGHTING PER THE UZC. 12. NO LANDSCAPING REQUIRED, HOWEVER IF THE SCREENING FENCE ALONG BROADWAY AVENUE IS REMOVED AS PART OF A REDEVELOPMENT OF THE PROPERTY, LANDSCAPING WILL BE REQUIRED AS PER THE UZC. 13. AMENDMENTS, ADJUSTMENTS OR INTERPRETATIONS TO THIS PUD SHALL BE DONE IN ACCORDANCE WITH THE UNIFIED ZONING CODE. 14. THE TRANSFER OF TITLE OF ALL OR A PORTION OF LAND INCLUDED WITHIN THE PUD (OR AND AMENDMENT 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 AND AMENDED. HOWEVER, THE DIRECTOR OF PLANNING, WITH THE CONCURENCE OF THE ZONING ADMINISTRATOR, MAY APPROVE MINOR ADJUSTMENTS TO THE CONDITIONS IN THIS OVERLAY, CONSISTENT WITH THE APPROVED DEVELOPMENT PLAN, WITHOUT FILING A FORMAL ORDINANCE AMENDMENT. 15. THE DEVELOPMENT OF THIS PROPERTY SHALL PROCEED IN ACCORDANCE WITH THE DEVELOPMENT PLAN AS RECOMMENDED FOR APPROVAL BY THE PLANNING COMMISSION AND APROVED BY THE GOVERNING BODY, AND ANY SUBSTANTIAL DEVIATION OF THE PLAN, AS DETERMINED BY THE ZONING ADMINISTRATOR AND THE DIRECTOR OF PLANNING, SHALL CONSTITUTE A VIOLATION OF THE BUILDING PERMIT AUTHORIZING CONSTRUCTION OF THE PROPOSED DEVELOPMENT. 16. ANY MAJOR CHANGES IN THIS DEVELOPMENT PLAN SHALL BE SUBMITTED TO THE PLANNING COMMISSION AND TO THE GOVERNING BODY FOR THEIR CONSIDERATION. AMENDEMENTS, ADJUSTMENTS, OR INTERPRETATIONS OF THE PUD SHALL BE DONE IN ACCORDANCE WITH THE UNIFIED ZONING CODE 17. PRIOR TO PUBLISHING THE RESOLUTION ESTABLISHING THE ZONE CHANGE, THE APPLICANT(S) SHALL RECORD A DOCUMENT WITH THE REGISTER OF DEEDS PUD2021-00017 Metropolitan Area Planning Commission Page 5 INDICATING THIS TRACT (REFERENCED AS PUD #91) INCLUDES SPECIAL CONDITIONS FOR DEVELOPMENT ON THIS PROPERTY. PARCEL DESCRIPTION PARCEL ONE NET AREA: 13.22 ± ACRES OR 575,863.20 ± SQUARE FEET MAXIMUM BUILDING COVERAGE: 50% OR 287,931.60 ± SQUARE FEET MAXIMUM BUILDING HEIGHT: 55 FEET PROPOSED USES 1. ALL USES ALLOWED BY RIGHT IN THE LIMITED INDUSTRIAL “LI” ZONING DISTRICT 2. WRECKING AND SALVAGE YARD WITH THE FOLLOWING CONDITIONS a. NO WRECKING/SALVAGE ALLOWED WITHIN TWO-HUNDRED FIFTY FEET OF BROADWAY. b. IN NO EVENT SHALL THE STORAGE OR BAILING OF WASTE, SCRAP PAPER, RAGS OR JUNK (EXCLUDING METAL) BE PERMITTED IN CONJUNCTION WITH THIS USE. c. THE WRECKING/SALVAGE YARD SHALL BE ENTIRELY ENCLOSED BY A METAL PANEL FENCE THAT IS NOT LESS THAN 8 FEET IN HEIGHT AND HAVING CRACKS AND OPENINGS NOT IN EXCESS OF FIVE PERCENT OF THE AREA OF SUCH FENCE. THE METAL PANEL FENCE SHALL BE A SINGLE COLOR AND SHALL BE WHITE, GRAY, TAN OR SIMILAR NON-BRIGHT COLOR. ACCESS GATES ARE PERMITTED IN THE SCREENING FENCE, BUT ALL GATES SHALL BE CONSTRUCTED OF SOLID METAL PANELS MATCHING THE FENCE AND SHALL REMAIN CLOSED UNLESS IN USE. NO WRECKED VEHICLES OR SALVAGE, INCLUDING VEHICLE PARTS OR ACCESSORIES, SHALL BE PERMITTED FOR SCREENING PURPOSES OR LOCATED ON OR ATTACHED TO THE SCREENING FENCE. d. THE HEIGHT OF WRECKED VEHICLES OR SALVAGE, INCLUDING VEHICLE PARTS OR ACCESSORIES, SHALL NOT EXCEED THE HEIGHT OF THE SCREENING FENCE AND SHALL NOT BE VISIBLE FROM GROUND-LEVEL VIEW FROM ANY PUBLIC RIGHT-OF-WAY OR ADJOINING PROPERTIES. e. SALVAGED MATERIALS ARE TO BE PILED AND STORED IN AN ORDERLY MANNER SUCH AS WOULD BE PROVIDED BY RACKS OR BINS. IN ORDER TO REDUCE RODENT POTENTIAL, RACKS AND BINS SHALL BE ELEVATED SO THERE IS AT LEAST 18 INCHES BETWEEN THE BOTTOM OF THE RACK OR BIN AND THE GROUND. RACKS OR BINS SHALL BE A MINIMUM OF 48 INCHES AWAY FROM ANY WALL, FENCE, OR OTHER RACK OR BIN. NON-RACKABLE MATERIAL SHALL BE STORED WITH AN EXPOSED PERIMETER OR IN A MANNER SPECIFIED BY THE ENVIRONMENTAL HEALTH DEPARTMENT TO PREVENT RODENT HARBORAGE AND BREEDING. f. THE APPLICANT SHALL MAINTAIN AT ALL TIMES AN ACTIVE PROGRAM FOR THE ERADICATION AND CONTROL OF RODENTS. g. WEEDS SHALL BE CONTROLLED WITHIN THE SALVAGE AREA AND ADJACENT TO AND ALONG THE OUTSIDE PERIMETER OF THE SCREENING FENCE. h. ANY LOCKING DEVICES ON ENTRANCE GATES SHALL MEET FIRE DEPARTMENT REQUIREMENTS. ACCESS TO AND WITHIN THE WRECKING/SALVAGE YARD SHALL BE PROVIDED BY FIRE LANES PER THE DIRECTION AND APPROVAL OF THE FIRE DEPARTMENT. i. ACCESS TO THE SUBJECT PROPERTY SHALL BE PROVIDED FOR ON-GOING INSPECTIONS OF THE SITE FOR SOIL AND GROUNDWATER CONTAMINANTS BY THE ENVIRONMENTAL HEALTH DEPARTMENT AND OTHER APPLICABLE GOVERNMENTAL AGENCIES. IF THE INSPECTIONS DETERMINE IT TO BE NECESSARY, THE APPLICANT SHALL BE REQUIRED TO INSTALL MONITORING WELLS ON THE PROPERTY TO MONITOR THE QUALITY OF GROUNDWATER AND PUD2021-00017 Metropolitan Area Planning Commission Page 6 SHALL PAY THE COST OF AN ANNUAL GROUNDWATER TEST FOR CONTAMINANTS AS DESIGNATED BY THE ENVIRONMENTAL HEALTH DEPARTMENT. j. NOTIFICATION SHALL BE GIVEN TO THE ENVIRONMENTAL HEALTH DEPARTMENT OF ANY ON-SITE STORAGE OF FUELS, OILS, CHEMICALS, OR HAZARDOUS WASTES OR MATERIALS. A DISPOSAL PLAN FOR FUELS, OILS, CHEMICALS, OR HAZARDOUS WASTES OR MATERIALS SHALL BE PLACE ON FILE WITH THE ENVIRONMENTAL HEALTH DEPARTMENT. ALL MANIFESTS FOR THE DISPOSAL OF FUELS, OILS, CHEMICALS, OR HAZARDOUS WASTES OR MATERIALS MUST BE KEPT ON FILE AT THE SITE AND AVAILABLE FOR REVIEW BY THE ENVIRONMENTAL HEALTH DEPARTMENT. k. DRAINAGE SHALL BE PER DRAINAGE PLAN PREVIOUSLY SUBMITTED. l. THE APPLICANT SHALL OBTAIN AND MAINTAIN ALL APPLICABLE LOCAL, STATE, AND FEDERAL PERMITS NECESSARY FOR THE OPERATION OF A WRECKING/SALVAGE YARD. PUD2021-00017 Metropolitan Area Planning Commission Page 7 ATTACHMENT: Applicant’s Proposed PUD Language LEGAL DESCRIPTION: LOT 1 YSIDRO 5TH ADDITION TO WICHITA, SEDGWICK COUNTY, KANSAS GENERAL: TOTAL GROSS AREA: 13.70 ACRES ± TOTAL NET AREA: 13.70 ACRES ± GENERAL PROVISIONS: 1. ACCESS CONTROL PER THE RECORDED PLAT. ACCESS TO BROADWAY LIMITED TO THREE OPENINGS. SIZE AND LOCATION DETERMINED BY THE RECORDED PLAT. 2. DRAINAGE PER DRAINAGE PLAN PREVIOUSLY SUBMITTED. 3. BUILDING SETBACKS: FRONT SETBACK FROM BROADWAY: 20 FEET. REAR AND SIDE SETBACKS: 0 FEET. 4. SIGNAGE SHALL BE ALLOWED PER THE SIGN CODE OF THE CITY OF WICHITA FOR SIGNAGE ALLOWED IN THE LIMITED INDUSTRIAL “LI” ZONING DISTRICT. 5. DRIVEWAYS AND ACCESS WITHIN FIFTY FEET OF PUBLIC ROAD SHALL BE PAVED. ALL OTHER DRIVEWAYS AND ACCESS ROADS SHALL BE ALLOWED TO BE GRAVEL. 6. ALL PARKING, EXCEPT HANDICAP PARKING SHALL BE ALLOWED TO BE GRAVEL. 7. ALL NON-PAVED PARKING AND ACCESS SHALL BE DUST RETARDED. 8. RESTROOMS NOT REQUIRED FOR ANY BUILDING WITHOUT OFFICES, WORKSHOPS, OR MECHANICS BAYS. 9. NO PARKING REQUIRED FOR ANY BUILDING WITHOUT AND OFFICE, WORKSHOP, OR MECHANICS BAYS. 10. PARKING REQUIRED PER THE UZC FOR ANY BUILDING WITH AN OFFICE, WORKSHOP, OR MECHANICS BAYS. 11. LIGHTING PER THE UZC. 12. NO LANDSCAPING REQUIRED. PARCEL DESCRIPTION PARCEL ONE PROPOSED USES 1. ALL USES ALLOWED BY RIGHT IN THE LIMITED INDUSTRIAL “LI” ZONING DISTRICT 2. WRECKING AND SALVAGE YARD WITH THE FOLLOWING CONDITIONS a. NO WRECKING/SALVAGE ALLOWED WITHIN ONE-HUNDRED FIFTY FEET OF BROADWAY. b. IN NO EVENT SHALL THE STORAGE OR BAILING OF WASTE, SCRAP PAPER, RAGS OR JUNK (EXCLUDING METAL) BE PERMITTED IN CONJUNCTION WITH THIS USE. c. THE SUBJECT PROPERTY SHALL BE ENTIRELY ENCLOSED BY A METAL PANEL FENCE THAT IS NOT LESS THAN 8 FEET IN HEIGHT AND HAVING CRACKS AND OPENINGS NOT IN EXCESS OF FIVE PERCENT OF THE AREA OF SUCH FENCE. THE METAL PANEL FENCE SHALL BE A SINGLE COLOR AND SHALL BE WHITE, GRAY, TAN OR SIMILAR NON-BRIGHT COLOR. ACCESS GATES ARE PERMITTED IN THE SCREENING FENCE, BUT ALL GATES SHALL BE CONSTRUCTED OF SOLID METAL PANELS MATCHING THE FENCE AND SHALL REMAIN CLOSED UNLESS IN USE. NO WRECKED VEHICLES OR SALVAGE, INCLUDING VEHICLE PARTS OR ACCESSORIES, SHALL BE PERMITTED FOR SCREENING PURPOSES OR LOCATED ON OR ATTACHED TO THE SCREENING FENCE. d. THE HEIGHT OF WRECKED VEHICLES OR SALVAGE, INCLUDING VEHICLE PARTS OR ACCESSORIES, SHALL NOT EXCEED THE HEIGHT OF THE SCREENING FENCE AND SHALL NOT BE VISIBLE FROM GROUND-LEVEL VIEW FROM ANY PUBLIC RIGHT-OF-WAY OR ADJOINING PROPERTIES. PUD2021-00017 Metropolitan Area Planning Commission Page 8 e. SALVAGED MATERIALS ARE TO BE PILED AND STORED IN AN ORDERLY MANNER SUCH AS WOULD BE PROVIDED BY RACKS OR BINS. IN ORDER TO REDUCE RODENT POTENTIAL, RACKS AND BINS SHALL BE ELEVATED SO THERE IS AT LEAST 18 INCHES BETWEEN THE BOTTOM OF THE RACK OR BIN AND THE GROUND. RACKS OR BINS SHALL BE A MINIMUM OF 48 INCHES AWAY FROM ANY WALL, FENCE, OR OTHER RACK OR BIN. NON-RACKABLE MATERIAL SHALL BE STORED WITH AN EXPOSED PERIMETER OR IN A MANNER SPECIFIED BY THE ENVIRONMENTAL HEALTH DEPARTMENT TO PREVENT RODENT HARBORAGE AND BREEDING. f. THE APPLICANT SHALL MAINTAIN AT ALL TIMES AN ACTIVE PROGRAM FOR THE ERADICATION AND CONTROL OF RODENTS. g. WEEDS SHALL BE CONTROLLED WITHIN THE SALVAGE AREA AND ADJACENT TO AND ALONG THE OUTSIDE PERIMETER OF THE SCREENING FENCE. h. ANY LOCKING DEVICES ON ENTRANCE GATES SHALL MEET FIRE DEPARTMENT REQUIREMENTS. ACCESS TO AND WITHIN THE WRECKING/SALVAGE YARD SHALL BE PROVIDED BY FIRE LANES PER THE DIRECTION AND APPROVAL OF THE FIRE DEPARTMENT. i. ACCESS TO THE SUBJECT PROPERTY SHALL BE PROVIDED FOR ON-GOING INSPECTIONS OF THE SITE FOR SOIL AND GROUNDWATER CONTAMINANTS BY THE ENVIRONMENTAL HEALTH DEPARTMENT AND OTHER APPLICABLE GOVERNMENTAL AGENCIES. IF THE INSPECTIONS DETERMINE IT TO BE NECESSARY, THE APPLICANT SHALL BE REQUIRED TO INSTALL MONITORING WELLS ON THE PROPERTY TO MONITOR THE QUALITY OF GROUNDWATER AND SHALL PAY THE COST OF AN ANNUAL GROUNDWATER TEST FOR CONTAMINANTS AS DESIGNATED BY THE ENVIRONMENTAL HEALTH DEPARTMENT. j. NOTIFICATION SHALL BE GIVEN TO THE ENVIRONMENTAL HEALTH DEPARTMENT OF ANY ON-SITE STORAGE OF FUELS, OILS, CHEMICALS, OR HAZARDOUS WASTES OR MATERIALS. A DISPOSAL PLAN FOR FUELS, OILS, CHEMICALS, OR HAZARDOUS WASTES OR MATERIALS SHALL BE PLACE ON FILE WITH THE ENVIRONMENTAL HEALTH DEPARTMENT. ALL MANIFESTS FOR THE DISPOSAL OF FUELS, OILS, CHEMICALS, OR HAZARDOUS WASTES OR MATERIALS MUST BE KEPT ON FILE AT THE SITE AND AVAILABLE FOR REVIEW BY THE ENVIRONMENTAL HEALTH DEPARTMENT. k. THE APPLICANT SHALL OBTAIN AND MAINTAIN ALL APPLICABLE LOCAL, STATE, AND FEDERAL PERMITS NECESSARY FOR THE OPERATION OF A WRECKING/SALVAGE YARD. 3. ONE WIRELESS COMMUNICATIONS FACILITY MONOPOLE, NOT TO EXCEED 150’, ALLOWED BY RIGHT NET AREA: 13.22 ± ACRES OR 575,863.20 ± SQUARE FEET MAXIMUM BUILDING COVERAGE: 50% OR 287,931.60 ± SQUARE FEET MAXIMUM BUILDING HEIGHT: 55 FEET PUD2021-00017 Metropolitan Area Planning Commission Page 9 PUD2021-00017 Metropolitan Area Planning Commission Page 10 PUD2021-00017 Metropolitan Area Planning Commission Page 11 PUD2021-00017 Metropolitan Area Planning Commission Page 12 PUD2021-00017 Metropolitan Area Planning Commission Page 13 Street to the west of the subject site looking east Looking southwest from the subject site PUD2021-00017 Metropolitan Area Planning Commission Page 14 Looking south from the subject site The subject site looking northeast PUD2021-00017 Metropolitan Area Planning Commission Page 15 The subject site looking east The subject site looking south PUD2021-00017 Metropolitan Area Planning Commission Page 16