District 3 Advisory Board
Regular MeetingWichita, KS · January 5, 2022
Minutes
District 3 Advisory Board Minutes
Wednesday, January 5, 2022 • 6:30 p.m.
WATER Center, 101 E. Pawnee, Wichita, KS 67205 • Zoom and Facebook
Video of meeting: https://fb.watch/am4r28-lWs/
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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 9 DAB members, 7 City staff, and 7 members of the public were in
attendance. The current agenda and minutes from December 1, 2021 were approved.
Members Present Staff Present
Catherine Johnson (Zoom) Officer Wesley Jensen, Wichita Police
Cindy Miles (Zoom) Department (Zoom)
David Kaupan (Zoom) Officer Philip Berger, Wichita Police Department
Daisy Olivar (Zoom)
Gerald Henry Battalion Chief Matthew Bowen, Wichita Fire
Joseph Shepard (Zoom) Department (Zoom)
Michael Loop (Zoom) Sean Jones, Library (Zoom)
Richard Ruth (Zoom) Philip Zevenbergen, Metropolitan Area Planning
Ron Tracy (Zoom) Department (Zoom)
Bentley Jaxon Young (youth member) (Zoom) Maddy Campbell, Office of Community Services
Becca Johnson, Office of Community Services
Members Absent
Emily Fogg
Jessica Lucas
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Staff Reports
1. Wichita Police Department
DAB 3 • January 5, 2022 • Minutes • Page 1
Community Policing Officer 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 Jensen, Patrol South shared the following:
• Patrol South spent the holiday season supporting local families by delivering meals and gifts.
• Recent recruit graduates are doing well and now in FGO.
• New recruit class starts 1/10 with 32 participants.
• Patrol South Community Policing focus this year is high accident locations. They will be doing
public education on why accidents are occurring here in hopes of lowering accidents in these
areas.
• Patrol South is setting up warrant sweeps to focus on violent offenders to reduce violent crimes in
city is occurring soon.
• Patrol South is starting a special assignment on “porch pirates” to catch offenders stealing
packages
• The ACE team recovered $150,000 in property the last 3 days.
Officer Berger, Patrol East shared the following:
• Patrol East did a lot in the community for holidays. They worked with a domestic violence shelter
to provide supplies to families in need and delivered Christmas trees to families.
• Patrol East continues to target violent offenders
• Patrol East is planning community projects for the year and coordinating gathering supplies for
schools.
2. Wichita Fire Department
Staff shared district and city-wide statistics and department updates. Staff also discussed relevant public
safety topics and answered questions from the DAB and public.
Battalion Chief Matthew Bowen shared the following:
• There were nearly 500 District 3 fire alarms in 2021. Total calls in District 3 were nearly 11,000 in
2021.
• Top safety message is “Close before you doze” to educate people that a closed bedroom door
can provide increased safety during a fire as many provide up to 10-15 minutes of protection from
flames.
• WFD lost Joshua David Bruggeman, a 17-year veteran of the department, recently due to a battle
with COVID-19. Please keep him and his family in your thoughts.
• WFD will start a new academy class toward end of January with 12 recruits. All current WFD
members are going through incident management training.
3. Wichita Public Library
Staff shared department updates with a focus on the services, programs, and events at District 3’s
Walters Branch Library.
Sean Jones, Communication Specialist shared the following:
• The new year means a new #ReadICT Reading Challenge. This year, we are once again partnering
with Suzanne Perez of KMUW and the Wichita Eagle to provide this annual challenge that
encourages adult readers to read 12 books from 12 different categories in 12 months. This is the
sixth year of the challenge. Participants can read regular books, e-books or listen to audiobooks.
Track your monthly progress online at wichitalibrary.org/readict and be eligible to win prizes
throughout the year. This year, categories include: a book by a debut author, a book that intimidates
you, an immigration story, a genre-blending book, and a book set at sea or on the beach.
• If you’re interested in learning about past Wichita restaurants, reserve your spot online today for
“Denise Neil and Classic Restaurants of Wichita” on Saturday, January 22, 2:30 p.m. on Zoom.
DAB 3 • February 2, 2021 • Minutes • Page 2
Join Denise Neil from The Wichita Eagle as she shares Wichita’s rich history of eateries from her
new book. Visit wichitalibrary.org/events to register.
• This month’s Tuesday Topics program will be held noon-1 p.m. Tuesday, January 25 on Zoom.
This month, we will discuss political redistricting. Every 10 years following the U.S. Census, Kansas
state legislators draw new political district boundaries that will remain in place for the next decade.
How will district lines be drawn to ensure all voters are fairly represented? WSU Professor Brian
Amos will present this session. Visit wichitalibrary.org/events to register. Offered in partnership
• Mobile vaccine clinics occurring next week. The clinic will be at the Walters Branch Library on
Monday 1/10 3-7pm. An additional clinic will be at Alford Branch Library on Tuesday 1/11 3-7pm.
Action Taken: Received and filed.
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Public Agenda
4. Scheduled Items
There were no scheduled public agenda items this month.
5. Off-Agenda Items
There were no off-agenda public agenda items this month.
Action Taken: Received and filed.
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New Business
6. ZON2021-00057
Philip Zevenbergen, Associate Planner, MAPD presented a request from PHB Place (applicant/owner)
and Baughman Company, P.A. Phil Meyer (agent) for a City Zone Change from LC Limited Commercial
to OW Office Warehouse for office/warehouse use on property generally located south of East Kellogg
Drive and approximately one-quarter mile east of South Oliver Avenue (5025 E. Kellogg).
The Metropolitan Area Planning Commission will hold a public hearing for this item on January 6, 2022.
The applicant, Phil Meyer, was in attendance.
DAB and members of the did not have any questions or concerns.
Action Taken: Motion made by Michael Loop and seconded by Joseph Shepard to APPROVE the
application subject to the development standard of the Unified Zoning Code. Motion to APPROVE
PASSED 7-0-1.
ZON2021-00057 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2022-01-
05%20DAB%203%20ZON2021-00057%20Staff%20Report.pdf
7. ZON2021-00060
DAB 3 • February 2, 2021 • Minutes • Page 3
Zevenbergen presented a request from Marshall and Suzanne McHenry (applicants) for a City Zone
Change from SF-5 Single-Family Residential to LC Limited Commercial on property generally located at
the northwest corner of South Hydraulic Avenue and East 55th Street South (5461 S. Hydraulic Avenue).
The Metropolitan Area Planning Commission will hold a public hearing for this item on January 6, 2022.
The agent, John Mabry, was in attendance.
DAB and members of the public asked and made the following summarized questions and comments:
DAB: How many lots are still vacant on Victoria Court?
A: Several of them are still vacant, based on aerial maps at least 2 of them.
DAB: Was it disclosed by the builder that they would be up against residential property without
screening? Property values may be affected by direct line of sight.
A: I’m not sure what was disclosed.
CM Cerullo: You mentioned imminent sale for retail store. Can you talk about that?
A: The buyer wanted this to get this zoning case to the planning commission by end of 2021 because
they wanted to get zoning approved and sale finalized for tax purposes. I believe the retail store is a
Dollar General.
CM Cerullo: What is the purpose of rezoning for this tiny sliver since all the rest is already commercial?
A: I am not sure
A (agent): I can answer that. It is just for consistency and to maximize the lot. And it is correct that a
Dollar General will be the commercial retailer.
Action Taken: Motion made by David Kapaun and seconded by Michael Loop to APPROVE the
application. Motion to APPROVE PASSED 8-0-1.
ZON2021-00060 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2022-01-
05%20DAB%203%20ZON2021-00060%20Staff%20Report.pdf
8. CON2021-00057
Zevenbergen presented a request from Charles Squires (applicant) and In and Out Properties, LLC
(contract buyer) for a City Conditional Use to allow vehicle sales on LC Limited Commercial zoned
property generally located 840 feet north of East 31st Street South on the east side of Hillside Avenue
(3060 S. Hillside).
The Metropolitan Area Planning Commission held a public hearing for this item on December 16, 2021. It
was approved on consent.
The applicant, Dominic Schoenhofer was in attendance.
DAB and members of the public asked and made the following summarized questions and comments:
DAB: Is there a fine if the no parking on unpaved areas provision (item 8) is violated?
A: I am not sure what specific enforcement actions are taken, but they would receive a citation and likely
be directed to move the vehicles. If there is a history of noncompliance on the property, the conditional
use would be revoked.
a conditional use though if there is a history of noncompliance the conditional use would be revoked.
DAB: It seems like there’s a lot of parked cars all around town in lawns and in unpaved areas behind
buildings. Who will enforce this rule?
A: The zoning division handles investigation and citation for noncompliance.
DAB 3 • February 2, 2021 • Minutes • Page 4
Action Taken: Motion made by Ron Tracy and seconded by Gerald Henry to APPROVE the application
subject to the conditions listed in the staff report. Motion to APPROVE PASSED 7-1-1.
CON2021-00057 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2022-01-
05%20DAB%203%20CON2021-00057%20Staff%20Report.pdf
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Board Agenda
9. Updates, Issues, and Reports
Maddy Campbell introduced the new District 3 Community Service Representative, Becca Johnson.
CM Cerullo shared that this was his final DAB meeting and thanked the group. He stated it was an honor
serving District 3 and that Council Member-elect Mike Hoheisel will be sworn into office the evening of
Monday, January 10th. CM-elect Hoheisel thanked CM Cerullo for his hard work and the integrity he
restored to District 3. Joseph Shepard also thanked CM Cerullo for his hard work, advocacy, and support
of the non-discrimination ordinance.
Action Taken: Received and filed.
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Adjournment
The meeting was adjourned at time 7:32 p.m.
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, February
2, 2022. 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. Meeting agendas, minutes, presentations, and documents;
Zoom details; and the most up-to-date meeting information can be found on the District 3 webpage.
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Guests
John Mabry (Zoom)
Paul Davis
Guest (Zoom)
Dominic Schoenhofer (Zoom)
Abiodun Dubair (Zoom)
Mike Hoheisel (Zoom)
Phil Meyer (Zoom)
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DAB 3 • February 2, 2021 • Minutes • Page 5
Respectfully submitted,
Becca Johnson, District 3 Community Services Representative
DAB 3 • February 2, 2021 • Minutes • Page 6
Agenda
District 3 Advisory Board Agenda
Wednesday, January 5, 2022 • 6:30 p.m.
WATER Center • 101 E. Pawnee, Wichita, KS 67211
Virtual Meeting Option • Zoom and Facebook Live
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Virtual Meeting Access Information
The public has the option to participate 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.
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Order of Business
Call to Order
Approval of Agenda for January 5, 2022
Approval of Minutes for December 1, 2021
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Staff Reports
1. Wichita Police Department
DAB 3 • January 5, 2022 • 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.
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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.
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New Business
6. ZON2021-00057
DAB will hear a request from PHB Place (applicant/owner) and Baughman Company, P.A. Phil Meyer
(agent) for a City Zone Change from LC Limited Commercial to OW Office Warehouse for
office/warehouse use on property generally located south of East Kellogg Drive and approximately one-
quarter mile east of South Oliver Avenue (5025 E. Kellogg).
The Metropolitan Area Planning Commission will hold a public hearing for this item on January 6, 2022.
Recommended Action: Based on information available at the time of the public hearing, staff
recommends APPROVAL of the application subject to the development standard of the Unified Zoning
Code.
ZON2021-00057 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2022-01-
05%20DAB%203%20ZON2021-00057%20Staff%20Report.pdf
DAB 3 • January 5, 2022 • Agenda • Page 2
7. ZON2021-00060
DAB will hear a request from Marshall and Suzanne McHenry (applicants) for a City Zone Change from
SF-5 Single-Family Residential to LC Limited Commercial on property generally located at the northwest
corner of South Hydraulic Avenue and East 55th Street South (5461 S. Hydraulic Avenue).
The Metropolitan Area Planning Commission will hold a public hearing for this item on January 6, 2022.
Recommended Action: Based on information available at the time of the public hearing, staff
recommends APPROVAL of the application.
ZON2021-00060 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2022-01-
05%20DAB%203%20ZON2021-00060%20Staff%20Report.pdf
8. CON2021-00057
DAB will hear a request from Charles Squires (applicant) and In and Out Properties, LLC (contract buyer)
for a City Conditional Use to allow vehicle sales on LC Limited Commercial zoned property generally
located 840 feet north of East 31st Street South on the east side of Hillside Avenue (3060 S. Hillside).
The Metropolitan Area Planning Commission held a public hearing for this item on December 16, 2021. It
was approved on consent.
Recommended Action: Based on information available at the time of the public hearing, staff
recommends APPROVAL of the application with the conditions listed in the staff report.
CON2021-00057 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2022-01-
05%20DAB%203%20CON2021-00057%20Staff%20Report.pdf
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Board Agenda
9. 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.
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Adjournment
The next District 3 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Wednesday, February
2, 2022. It is scheduled to be held in person at the WATER Center, 101 E. Pawnee, Wichita, KS 67211.
Residents also have the option to participate 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 • January 5, 2022 • Agenda • Page 3
AGENDA ITEM NO. 6
STAFF REPORT
MAPC January 6, 2022
DAB III January 5, 2022
CASE NUMBER: ZON2021-00057 (City)
APPLICANT/AGENT: PHB Place (Applicant/Owner), Baughman Company, P.A. Phil Meyer (Agent)
REQUEST: OW Office Warehouse
CURRENT ZONING: LC Limited Commercial
SITE SIZE: 1.3 acres
LOCATION: Generally located on the south side of East Kellogg Drive and one-quarter mile
east of South Oliver Street (5025 E. Kellogg Drive).
PROPOSED USE: Office and Warehouse use
BACKGROUND: The applicant is requesting the rezoning of 1.3 acres of a 3 acre lot from LC Limited Commercial
to OW Office Warehouse. The property is generally located on the south side of East Kellogg Drive and within
ZON2021-00057
Metropolitan Area Planning Commission Page 1
one-quarter mile east of South Oliver Street (5025 E. Kellogg Drive). The applicant proposes to develop office
warehouse facilities on the 1.3 acres.
The OW Office Warehouse District is primarily intended to accommodate office and warehousing activities for the
building trades and similar businesses with operating characteristics that do not require highly visible locations or
the type of vehicular access needed for retail and high- intensity office development. The OW District is generally
compatible with the "Employment/Industry Center" designation of the Wichita-Sedgwick County Comprehensive
Plan. It is primarily intended for application within the City of Wichita, although it may be appropriate for
application in areas of unincorporated Sedgwick County that have been designated as "Wichita 2030 Urban Growth
Area."
Property to the north of the subject site is zoned LC and is under the same ownership. The existing building is leases
for office/work space and has small assembly/conference rooms for lease (CON202-00022). The properties east of
the subject site are zoned LC and GO General Office and have medical services located in the buildings. The lots
south of the subject site is zoned TF-3 Two-Family Residential and is developed with single-family dwellings. The
lots west of the subject site are zoned MF-29 and are developed with single-family residences.
CASE HISTORY: On January 13, 1994, the subject property was recorded with the Sedgwick County Register
of Deeds as Lot 1, Davis-Moore 11th Addition. CON2020-00022 was approved for an event center in the city.
ADJACENT ZONING AND LAND USE:
NORTH: LC Event Center (work space, conference rooms, offices)
SOUTH: TF-3 Single-family dwellings
EAST: LC, GO Medical Services
WEST: LC Single-family dwellings
PUBLIC SERVICES: East Kellogg Drive is a one-way, three-lane frontage road with access to eastbound and
westbound US 54. All municipal services are available to the subject site.
CONFORMANCE TO PLANS/POLICIES: The Community Investment Plan (the Wichita-Sedgwick County
Comprehensive Plan) recommends the subject site as appropriate for “Residential.” The proposed re-zoning to OW
is not in conformance to the Community Investments Plan; however, the future growth map for the area does not
match the existing commercial uses along East Kellogg Drive between Oliver and Edgemoor. According to
historical GIS maps, land uses along US 54 had changed to commercial by 1997.
The site is also in the Established Central Area (ECA) identified in the Wichita: Places for People Plan as an area
of opportunity to promote commercial/industrial uses. Based on staff evaluation, the proposed re-zoning is in
conformance with the Wichita Places for People Plan.
RECOMMENDATION: Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED subject to the development standard of the Unified Zoning Code.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north of the subject site is zoned
LC and is under the same ownership. The existing building is leases for office/work space and has small
assembly/conference rooms for lease. The properties east of the subject site are zoned LC and GO General
Office and have medical services located in the buildings. Property south of the subject site is zoned TF-3
Two-Family Residential and is developed with single-family dwellings. Property west of the subject site
is zoned MF-29 and is developed with single-family residences.
2. The suitability of the subject property for the uses to which it has been restricted: The subject
property’s current LC zoning permits all densities of residential development, civic and public types of
development and multiple types of commercial development. The current zoning is indicates an established
ZON2021-00057
Metropolitan Area Planning Commission Page 2
pattern of commercial uses abutting the East Kellogg Drive frontage road.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The area is a
mix of commercial and residential. The OW use would require screening per the Unified Zoning Code.
The commercial development will have access to the frontage road and would not use the residential streets
south of the development.
4. Length of time the property has been vacant as currently zoned: The property is currently a parking
lot.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies:
The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) recommends the
subject site as appropriate for “Residential.” The proposed re-zoning to OW is not in conformance to the
Community Investments Plan; however, the future growth map for the area does not match the existing
commercial uses along East Kellogg Drive between Oliver and Edgemoor.
The site is also in the Established Central Area (ECA) identified in the Wichita: Places for People Plan as
an area of opportunity to promote commercial/industrial uses. Based on staff evaluation, the proposed re-
zoning is in conformance with the Wichita Places for People Plan.
6. Impact of the proposed development on community facilities: Community facilities are not expected to
be noticeably impacted by this approval. All municipal services are available to the site.
Staff Report Attachments:
1. Aerial Map
2. Zoning Map
3. Land Use
4. Photos
ZON2021-00057
Metropolitan Area Planning Commission Page 3
Aerial Map
ZON2021-00057
Metropolitan Area Planning Commission Page 4
Zoning Map
ZON2021-00057
Metropolitan Area Planning Commission Page 5
Land Use
ZON2021-00057
Metropolitan Area Planning Commission Page 6
Photos
ZON2021-00057
Metropolitan Area Planning Commission Page 7
ZON2021-00057
Metropolitan Area Planning Commission Page 8
AGENDA ITEM NO. 7
STAFF REPORT
MAPC: January 6, 2022
DAB III: January 5, 2022
CASE NUMBER: ZON2021-00060 (City)
APPLICANT/AGENT: Marshall and Suzanne McHenry (Applicants)
REQUEST: LC Limited Commercial
CURRENT ZONING: SF-5 Single-Family Residential
SITE SIZE: 0.47 acres
LOCATION: Generally located at the northwest corner of South Hydraulic Avenue and East
55th Street South (south of 5461 South Hydraulic Avenue).
PROPOSED USE: To unify the zoning of the larger parcel for redevelopment.
RECOMMENDATION: Approve
ZON2021-00060
Metropolitan Area Planning Commission Page 1
BACKGROUND: The applicant is requesting a zone change from SF-5 Single-Family Residential to LC Limited
Commercial for a 0.47-acre portion of a parcel generally located at the northwest corner of South Hydraulic
Avenue and East 55th Street South (south of 5461 South Hydraulic Avenue). The remainder of the parcel owned
by the applicant is zoned LC. The applicant is seeking to rezone the remainder of the property to unify the zoning
for redevelopment. The applicant is anticipating splitting the parcel and selling a portion of the property to a retail
store.
Property to the north is zoned PUD Planned Unit Development #32 and is designated for commercial, office,
personal care and improvement services, indoor recreation and entertainment, retail, restaurant, and outdoor
greenhouse uses. Property to the east is zoned MH Manufactured Housing and is developed as a Manufactured
Home Park and Manufactured Home Subdivision. Property to the west is zoned SF-5 Single-Family Residential
and is developed with single-family homes. Property to the south is zoned LC Limited Commercial and is part of
the larger, undeveloped parcel owned by the applicant.
If the application is approved, the total area of LC zoning will be greater than six acres. Section III-C.2 of the
Unified Zoning Code (UZC) requires commercial developments of six acres or greater to establish a Community
Unit Plan (CUP) prior to development. However, the applicant is not required to submit an application for a CUP
because the lot is being split and sold. The closing of the real estate sale is imminent. The dividend of each new
parcel will be less the six acres, developed separately, and therefore not require the CUP.
As each new parcel will be required to adhere to applicable screening and landscaping standards set forth in UZC
Section IV-B and the Wichita Landscape Ordinance respectively. The existing LC zoning to the south has a unique
situation where it abuts the single-family development to the west. The LC zoning extends over the property line
and into the rear yards of the single-family lots. The LC zoning at this location was established in the mid-1950s
when Sedgwick County rezoned the corners of arterial intersections within the three-mile ring of Wichita.
Apparently, when the single-family development was planned, the zoning on these lots was not addressed.
Therefore, as commercial develop occurs, a screening fence and a landscape buffer is not required along the west
property line of the larger LC-zoned parcel because it is not directly abutting SF-5 zoning. Both the screening and
landscaping standards are required when abutting residential zoning districts. Because the zoning extends over
the property line, commercial development will not directly abut the residential zoning district. Because the larger
LC-zoned parcel is not part of the subject applicant, screening and landscaping requirements cannot be required
as part of this recommendation.
CASE HISTORY: The property is unplatted. In order to obtain a building permit, platting is required.
ADJACENT ZONING AND LAND USE:
North: PUD Commercial Uses
South: LC Undeveloped
East: MH Manufactured Home Park and Manufactured Home Subdivision
West: SF-5 Single-Family Dwellings
PUBLIC SERVICES: South Hydraulic Avenue is a paved, four-lane arterial street with sidewalks on both sides.
East 55th Street is a paved, two-lane arterial street with no sidewalks and dead-ends into South Hydraulic.
Municipal water and sewer are available near the site, but will have to be extended for development at the
applicant’s expense. Wichita Transit does not provide regular bus service at this location.
CONFORMANCE TO PLANS/POLICIES: The request to rezone the property is in conformance with the
following adopted plans:
The Community Investments Plan. The Wichita-Sedgwick County Comprehensive Plan, the Community
Investments Plan, identifies the site as “Commercial” and “Industrial” on the Future Growth Concept Map.
Commercial uses encompass areas that reflect the full diversity of commercial development intensities typically
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found in a large urban municipality. Convenience retail restaurants, small offices, and personal service uses are
located in close proximity to residential uses. Industrial uses encompass areas that reflect the full diversity of
industrial development intensities and types typically found in a large urban municipality. Land Use Compatibility
guidelines in the Plan discourage industrial development at this location.
South Wichita/Haysville Area Plan: The site is also located within the boundaries of the South Wichita/ Haysville
Area Plan, which was adopted in 2002. The plan was conceived as an effort to provide guidance for redevelopment
after a tornado went through the area in 1999 in addition to providing guidance for future development in the area.
Chapter Four of the plan discusses the desire for new commercial development in the area. The future land use
map identifies this property as appropriate for commercial development.
RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff
recommends APPROVAL of the request.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north is zoned PUD Planned Unit
Development #32 and is designated for commercial, office, personal care and improvement services,
indoor recreation and entertainment, retail, restaurant, and outdoor greenhouse uses. Property to the east
is zoned MH Manufactured Housing and is developed as a Manufactured Home Park and Manufactured
Home Subdivision. Property to the west is zoned SF-5 Single-Family Residential and is developed with
single-family homes. Property to the south is zoned LC Limited Commercial and is part of the larger,
undeveloped parcel owned by the applicant.
2. The suitability of the subject property for the uses to which it has been restricted: The property is
zoned SF-5 Single-Family Residential but is a remnant piece of land, not suitable for residential
development. The site is a portion of a larger parcel with the remained zoned LC Limited Commercial.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of
the request would assist the re-development of the larger site for uses in LC Limited Commercial. The
site is a portion of a larger parcel already zoned LC. Negative impacts on surrounding property owners
are not anticipated.
4. Length of time subject property has remained vacant as zoned: The property has historically been
used for agricultural land and has never been developed.
5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship
imposed upon the applicant: Approval will assist the re-development of the larger site to provide an
opportunity commercial development in the South Wichita/Haysville Area. Denial would represent a loss
of economic opportunity to the applicant or property owner.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The request to rezone the property is in conformance with the following adopted plans:
The Community Investments Plan. The Wichita-Sedgwick County Comprehensive Plan, the Community
Investments Plan, identifies the site as “Commercial” and “Industrial” on the Future Growth Concept
Map. Commercial uses encompass areas that reflect the full diversity of commercial development
intensities typically found in a large urban municipality. Convenience retail restaurants, small offices, and
personal service uses are located in close proximity to residential uses. Industrial uses encompass areas
that reflect the full diversity of industrial development intensities and types typically found in a large
urban municipality. Land Use Compatibility guidelines in the Plan discourage industrial development at
this location.
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South Wichita/Haysville Area Plan: The site is also located within the boundaries of the South Wichita/
Haysville Area Plan, which was adopted in 2002. The plan was conceived as an effort to provide guidance
for redevelopment after a tornado went through the area in 1999 in addition to providing guidance for
future development in the area. Chapter Four of the plan discusses the desire for new commercial
development in the area. The future land use map identifies this property as appropriate for commercial
development.
7. Impact of the proposed development on community facilities: Approval of the request is not expected
generate additional impacts on community facilities. Existing public infrastructure at the site will
accommodate uses under the proposed LC zoning.
Attachments:
Aerial Map
Zoning Map
Land Use Map
South Wichita/ Haysville Area Plan Future Development Concept Map
Site Pictures
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Looking southwest at site Looking northeast away from site
Looking west at and away from site Looking northwest away from site
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AGENDA ITEM NO. 8
STAFF REPORT
MAPC: December 16, 2021
DAB III: January 5, 2021
CASE NUMBER: CON2021-00057 (City)
APPLICANT/OWNER: Charles Squires (Applicant) / In and Out Properties, LLC (contract buyer)
REQUEST: Conditional Use for Vehicle and Equipment Sales, Outdoor
CURRENT ZONING: LC Limited Commercial
SITE SIZE: 0.43 acres
LOCATION: Generally located on the east side of South Hillside Avenue, within one-quarter
mile north of East 31st Street South (3060 South Hillside)
PROPOSED USE: Used Vehicle Sales
RECOMMENDATION: Approval with conditions.
BACKGROUND: The contract buyer is requesting a Conditional Use to allow Vehicle and Equipment Sales,
Outdoor on property zoned LC Limited Commercial. The site is generally located on the east side of South Hillside
Avenue and within one-quarter mile north of East 31st Street South (3060 South Hillside Avenue). The subject site
is developed with a vacant, former vehicle repair shop. Per the Unified Zoning Code (UZC), Outdoor Vehicle and
Equipment Sales may be permitted with a Conditional Use in the LC zoning district.
The UZC Section III-D.6.x states that Outdoor Vehicle and Equipment Sales is subject to the following
supplementary use regulations when located within the LC zoning district:
(1) Location shall be contiguous to a major Street as designated in the Transportation Plan adopted by the
Governing Bodies, and as amended from time to time.
(2) Visual Screening of areas Adjacent to residential zoning districts shall be provided to protect adjacent
properties from light, debris and noise and to preserve adjacent property values even when the change in
use to Vehicle and Equipment Sales replaces a previous use that is of equal or greater intensity. In no case
shall the screening be less than that required by Sec. IV- B.1-3.
(3) All Parking, Outdoor Storage and display areas shall be paved with concrete, asphalt or asphaltic
concrete or any comparable hard surfacing material. Parking barriers shall be installed along all perimeter
boundaries Abutting streets, except at driveway entrances or where fences are erected, to ensure that parked
vehicles do not encroach onto public street right-of-way.
(4) The lighting shall be in compliance with the lighting requirements of Sec.IV-B.4. No string-type or
search lighting shall be permitted.
(5) The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor
speakers and sound amplification systems shall not be permitted.
(6) No repair work shall be conducted on site, except in an enclosed building, and further provided that no
body or fender work is done.
(7) Only those signs permitted in the LC District shall be permitted on this site, except that no portable,
flashing, moving or off-site signs shall be permitted and no streamers, banners, pennants, pinwheels,
commercial flags, bunting or similar devices shall be permitted.
(8) There shall be no use of elevated platforms for the display of vehicles.
The parking requirements set forth in Section IV-A.4 state that Outdoor Vehicle and Equipment Sales shall have
one space per 500 square feet of building floor area; plus two spaces for the first 10,000 square feet of lot area used
for sales, display or storage purposes; plus one space for each 10,000 square feet of lot area used for sales, display
or storage purposes thereafter. Below is a matrix tabulating the required parking for this use:
Sales or Storage
Building Total Parking
Area
Requirement
Square Feet 2,400 Approx. 4,800
Parking Spaces 5 2 7
The site plan illustrates only the west portion of the property meets the paving standards of the supplementary use
regulations. Therefore, this area is currently the only place available for parking and display. The site plan shows a
total of nine parking spaces with one of them being accessible. With a parking requirement of seven, this will allow
the display of two vehicles. The applicant may expand the area for parking, display and storage on the east portion
of the property provided it is paved to the standards of the supplementary use regulations.
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The property has a solid screening fence along the east property line where abutting residential zoning. This satisfies
the requirements of the supplementary use regulations. The Landscape Ordinance requires a landscape buffer along
the east property line with a minimum of one tree per 40 linear feet. Aerial images and site photos show the presence
of existing, mature trees along the east property line. The Landscape Ordinance permits the usage of existing
vegetation. The applicant is responsible for replacing landscaping should the existing trees die or be removed.
There are currently no lighting facilities on the property, nor does the site plan indicate future installation of such.
The site currently has parking barriers in place to ensure vehicles do not encroach into the right-of-way.
North and south of the subject property are zoned LC Limited Commercial. Property to the north is developed with
an auto repair shop. Property to the south is developed with a tire repair shop. Property to the east and west are
zoned MF-29 Multi-Family Residential. Property to the east is developed with single-family and duplex residences.
Property to the west is developed as a church/place of worship. In 2019, the property located at 3002 South Hillside
(within one-quarter mile north of the subject site) was approved for Outdoor Vehicle and Equipment Sales. In 2020,
the property located at 3164 South Hillside (within one-quarter mile south of the subject site) was approved for
Outdoor Vehicle and Equipment Sales.
CASE HISTORY: In 1955, the property was platted as Lot 50, Block C of the Planeview Subdivision No. 2.
ADJACENT ZONING AND LAND USE:
NORTH: LC Vehicle Repair Shop
SOUTH: LC Vehicle Repair Shop
EAST: MF-29 Duplex and Single-Family Residences
WEST: MF-29 Church/Place of Worship
PUBLIC SERVICES: South Hillside Avenue is a paved, four-lane arterial with sidewalks on both sides. Wichita
Transit has bus stops located within one-quarter mile north at South Hillside and Ross Parkway. Municipal sewer
and water services are available to the site.
CONFORMANCE TO PLANS/POLICIES: The proposed Conditional Use is in conformance with the following
plans.
The Community Investments Plan: The requested Conditional Use is in conformance 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 appropriate for commercial uses abutting industrial and new employment categories. Outdoor Vehicle
and Equipment Sales is a permitted use within LC Limited Commercial zoning by Conditional Use.
Wichita: Places for People Plan: The requested Conditional Use is in conformance with the goals of the Wichita:
Places for People Plan. The Wichita: Places for People Plan provides recommendations for urban infill development
in the Established Central Area (ECA). The subject site is located within the ECA. In general, the ECA is envisioned
as “a place for people - a place that provides for the movement of people - on foot, on bike and through transit - in
balance with automobiles.”
Strategies: The Plan recommends strategies to help guide the community in their actions to create walkable
places within Wichita. The requested zoning aligns with Strategy 6, “Encourage infill and redevelopment that
is contextual to the environment in which it is occurring.” The proposed car lot is not a new use in the immediate
area and contextually aligns with existing vehicle repair shops on either side of the subject property.
Current Condition: The subject property is located within an area identified as an “area of opportunity.” The
Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic challenges,
a disconnected development pattern, and a lack of walkable places and facilities. These areas are in need of
strategic reinvestment, both public and private, to assist in redefining and reinvigorating the area, physically
and socially.” The Conditional Use would expand the opportunity for private investment in the area.
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RECOMMENDATION: Based upon information available prior to the public hearings and evaluating the
conditions and uses of the surrounding neighborhood, staff is recommending the request be APPROVED, subject
to the conditions below.
1. The Conditional Use shall be limited to the sales of cars and pick-up (light) trucks. No sale or rental of
trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All
conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in
effect.
2. Because the UZC’s definition of “vehicle repair limited” does not allow the outside repair or maintenance
services of vehicles, none shall be conducted outside of the existing structure on the site.
3. UZC. Art. II, Sec.II-B.14.i. No outside storage of salvaged vehicles or vehicles waiting for repair shall be
permitted in association with this use. No outside storage of parts, including tires, oil containers or any
similar type of receptacles for new or used petroleum products.
4. All improvements to the property must be finished before car sales is permitted. Those improvements shall
include, but not limited to, clearly marked customer and employee parking and the display area.
5. The applicant shall submit a scaled revised site plan for review and approval by the Planning Director, prior
to the selling of any cars or light trucks. The site plan will include, but not be limited to, internal circulation
that will remain open during hours of operation to allow access, area designated for display of cars,
customer and employee parking, any existing or proposed signs, existing or proposed lighting. The site
will be developed according to the revised site plan.
6. The selling of vehicles is subject to the supplemental use regulations of UZC Section III D. 6. X. pertaining
to Vehicle and Equipment Sales in the LC zoning district.
7. A conditional use amendment shall be required for any changes to these conditions.
8. Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No
vehicles for sale shall be displayed in required off-street parking spaces. No parking is allowed on unpaved
surfaces on the lot.
9. The site shall be developed and operated in compliance with all federal, state, and local rules and
regulations.
10. 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 of approval is based on the following findings:
1. The zoning, uses and character of the neighborhood North and south of the subject property are zoned
LC Limited Commercial. Property to the north is developed with an auto repair shop. Property to the south
is developed with a tire repair shop. Property to the east and west are zoned MF-29 Multi-Family
Residential. Property to the east is developed with single-family and duplex residences. Property to the west
is developed as a church/place of worship. In 2019, the property located at 3002 South Hillside (within one-
quarter mile north of the subject site) was approved for Outdoor Vehicle and Equipment Sales. In 2020, the
property located at 3164 South Hillside (within one-quarter mile south of the subject site) was approved for
Outdoor Vehicle and Equipment Sales. Development in this area along the east side of South Hillside has
several instances of auto-oriented businesses such as other vehicle sales lots as well as vehicle repair shops.
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2. The suitability of the subject property for the uses to which it has been restricted: The property is
zoned LC and was the location of a vehicle repair shop. The site could continue as such as well as broad
range of other permitted commercial uses.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle sales
on a site this size when developed with the Conditional Use will not introduce a new use along the arterial
corridor at this location.
4. Conformance of the requested change to adopted or recognized Plans/Policies: The proposed
Conditional Use is in conformance with the following plans.
The Community Investments Plan: The requested Conditional Use is in conformance 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 commercial uses abutting industrial and new
employment categories. Outdoor Vehicle and Equipment Sales is a permitted use within LC Limited
Commercial zoning by Conditional Use.
Wichita: Places for People Plan: The requested Conditional Use is in conformance with the goals of the
Wichita: Places for People Plan. The Wichita: Places for People Plan provides recommendations for urban
infill development in the Established Central Area (ECA). The subject site is located within the ECA. In
general, the ECA is envisioned as “a place for people - a place that provides for the movement of people -
on foot, on bike and through transit - in balance with automobiles.”
o Strategies: The Plan recommends strategies to help guide the community in their actions to create
walkable places within Wichita. The requested zoning aligns with Strategy 6, “Encourage infill and
redevelopment that is contextual to the environment in which it is occurring.” The proposed car lot is
not a new use in the immediate area and contextually aligns with existing vehicle repair shops on either
side of the subject property.
o Current Condition: The subject property is located within an area identified as an “area of opportunity.”
The Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic
challenges, a disconnected development pattern, and a lack of walkable places and facilities. These
areas are in need of strategic reinvestment, both public and private, to assist in redefining and
reinvigorating the area, physically and socially.” The Conditional Use would expand the opportunity
for private investment in the area.
o
5. Impact of the proposed development on community facilities: Development of the property would make
use of existing community facilities and resources, and is not expected to exceed their capacity. All public
services are available to be extended to serve the property.
Staff Report Attachments:
1. Aerial Map
2. Zoning Map
3. Land Use Map
4. Site Plan
5. Site Photos
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Looking southeast at site Looking northwest away from site
Looking northeast away from site Looking west away from site
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