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District 4 Advisory Board

Regular Meeting

Wichita, KS · August 1, 2016

AgendaMinutes

Minutes

District IV Advisory Board Minutes August 01, 2016 www.wichita.gov The District IV Advisory Board meeting was held at 6:30 p.m. at the Alford Library at 3447 S. Meridian, Wichita, KS 67217. There were eight (8) District Advisory Board members, one DAB Youth Member, eight City staff, and four members of the public present. Members Present Staff Present Councilman Jeff Blubaugh WFD – LT Luke Barthelme – Station 12, et al Benny Boman WPD – CP Officer Kempf – Beat 27 Kit Corby WPD – CP Officer McHenry – Beat 17 Nick Hoheisel Jess McNeely - MAPD David Kapaun Matt Lashley Don McManamey Alex Martinez Rebecca Robertson Members Absent Guests Michael Gomm Randall Scheltgen (President of Maple Hills HOA) Vacancies - 2 Charles Myers Richard & Denise Owen Lonny Wright 2 others came in late and did not sign in ORDER OF BUSINESS At 6:32 p.m. the meeting was called to order by Councilman Blubaugh who led the Pledge of Allegiance. A motion was made to approve the agenda by Don McManamey and 2nd by Rebecca Robertson. Motion carried 9-0. David Kapaun made the motion to approve the minutes from the July 11, 2016 meeting, and 2nd by Nick Hoheisel. Motion carried 9-0. Councilman Blubaugh then asked for City of Wichita staff reports, beginning with WFD. STAFF REPORTS Lt. Luke Barthelme of WFD Station 12 was on hand for the WFD report. Lt. Barthelme stated that there were a total of five fires in July; 2 accidental, 1 still under investigation, and 2 were arson fires. He wanted to remind everyone about grill safety. Councilman Blubaugh asked about the arson fires, and Lt. Barthelme did not have those reports but replied that they were structures, just unknown what type of structures. Page 1 of 5 District IV Advisory Board Minutes August 01, 2016 www.wichita.gov Next on the agenda were WPD reports. Community Police Officer Robert Kempf, Patrol South Beat 27, reported that he had been assigned to the Summer of Mercy protesters for eight days, but was back on his beat now. He reported that for June, Patrol South had a total of 83 robberies, 346 aggravated assaults, and 536 larcenies (355 residential larcenies, and 181 non-residential). Officer Kempf reminded everyone of the upcoming Neighborhood Night Out that is on August 9th. He said that 299 Beat is having a bicycle safety class that evening at 3830 S Meridian, and on August 13th, and that Patrol South is hosting a cookout open to the public from 11 am to 3 pm at OJ Watson Park. Hamburgers and hot dogs will be served, and several fun activities will be provided. This coming Saturday, August 6th, Convoy of Hope will be at the Bethel Life Center, 3777 S Meridian, and offers lots of free services for families. Their hours will be from 10 am to 2 pm. Beware of traffic congestion at that time, especially in the morning. Another event on August 13th is a back-to-school festival at Glenn Park Church, 27th St South & South Glenn. Lonny Wright asked how many vehicles were stolen each day throughout the city, and Officer Kempf stated that there were 10 – 15 each day City-wide. He said that there was a process set up that is handled by the Auto Theft Detectives with assistance from Patrol Officers. Next, Officer Ron McHenry, Community Police Officer for Beat 17, reported for Patrol West. He talked about auto thefts and that many times the thief knows their victim (relative, friend, family member of a friend, former spouse, etc.). Between Jun 14th and July 16th, ten (10) vehicles were recovered. Two were as far away as Mexico and Texas. The top ten new cars that are stolen are: Nissan Altima, Toyota Camry, and the Chrysler 300. The top used car remains Honda models, especially Civics. Larcenies from autos were up 58% from 33 in June to 52 in July. 21 of the larcenies were while cars were parked at residences. Officer McHenry reminded everyone to keep valuables out of sight if they are left in a vehicles. Burglaries reported by Patrol West fell 68% from 28 in June to 19 in July. He further reported that Patrol West was hosting an event on August 13th – Kids, Cops, and Cars! And details are on the Wichita Police Department West Bureau Facebook page. (https://www.facebook.com/wichitapolicewestbureau/?fref=ts) PUBLIC AGENDA Page 2 of 5 District IV Advisory Board Minutes August 01, 2016 www.wichita.gov Councilman Blubaugh asked if there was anyone from the Public who wanted to speak about any issues at this time, and being there were none, he proceeded with New Business. NEW BUSINESS City Staff, Jess McNeely, was on hand to present all of the Planning cases tonight. First on the agenda was CON2015-00029, a request for Conditional Use for a Nightclub. BC’s Bar and Grill, in the City (4423 S Broadway) within 200 feet of a residential zoning that is directly behind the property on south Market Street. Mr. McNeely explained that nightclubs in Wichita were needing to get a NEW conditional use due to the change of 200 feet from other zoned areas to 300 feet. Also that parking was figured at 1 parking space per every 2 occupants, and that a new site plan needed to be submitted that included parking and allocated dumpster locations with proper screening. Rebecca Robertson asked about the process for making sure that this would be done. Jess replied that MAPC inspectors would follow up, but further stated that if the establishment is “grandfathered” due to being in operation prior to the changes, that they can still operate even if they do not comply with the new standards. Since there was no further discussion, David Kapaun made a motion to approve for Conditional Use and Nick Hoheisel made a 2nd. Motion carried 9 -0. Next on the agenda was CON2016-00018, a request for Conditional Use for a Nightclub in the City within 300 feet of residential zoning, south of West Kellogg and west of South Seneca St (801 S Seneca – Whiskey Dicks). The applicant indicates that the site has an occupancy of 95 people. The applicant’s site plan demonstrates 27 parking spaces, 21 fewer than required. They need to acquire a parking variance, but again due to being “grandfathered”, they could continue to operate as a drinking establishment. Rebecca Fields did comment that she had taken phone calls from residents who lived on Dayton Street complaining about club patrons parking in front of their residences. Ms. Fields reported that she had driven to the area and saw that residents could access the alley behind their house and would ask Public Works about tending to the alley in order to make it more accessible. As there was no further discussion, Nick Hoheisel made a motion to approve, and Don McManamey made a 2nd. Motion carried 9 -0. Next up was CON2016-00026, a request for Conditional Use for a Nightclub in the City within 300 feet of residential zoning, south of Douglas and east of Meridian (2201 W Douglas – Metro Court). In this case, Jess McNeely stated that they could lose their “grandfather” rights. The establishment was licensed for 64 occupants and they needed 32 parking spaces. Currently there were only (seven) 7 on-street parking spaces that were shared with abutting businesses. Page 3 of 5 District IV Advisory Board Minutes August 01, 2016 www.wichita.gov There were several residents who lived nearby this club and relayed that their music is loud, mostly due to the club keeping their backdoor open. One resident who has lived in his house for 45 years stated that he has witnessed drug sales, prostitutes operating out of a motor home parked behind the club, and stated that the police had cracked a car theft ring that had been operating out of this club in years past. Another resident who had lived in their home for 18 years stated that she has witnessed club patrons urinating in her yard, and that when the club has been operational there has been an increase in crime, including vandalism and theft of her property. She also stated that there have been shootings at this establishment in the past. These residents all stated that this never should have been licensed as a drinking establishment in the first place. Board Member David Kapaun asked if their liquor license is pulled could the “grandfather” protection be revoked, and Mr. McNeely replied that is a zoning issue and he did not have the knowledge to answer this question. Based upon the testimony of the residents from the area, Don McManamey made a motion to deny the request, and Kit Corby made a 2nd. The motion to DENY was carried 9-0. The fourth case was CON2016-00029, a request for Conditional Use for an Accessory Apartment located east of North 151st Street West, on the southeast corner of West Maple Street and South Country View Lane (301 S. Country View – District IV) Mr. Randall Scheltgen was present and is the President of the Maple Hills HOA. This is a small neighborhood and according to Mr. Scheltgen most of the property owners have been there for thirty plus years. Mr. Scheltgen stated that there was a covenant for this area, but since this HOA is not active in as much as they do not require any fees and the HOA is not managed by a third party, the covenant might not have been properly submitted to all property owners in this area. However, the first clause on the Restrictive Covenant clearly states: All lots shall be used exclusively for single family residential purposes with not more than one single family house constructed on any lot. Mr. Scheltgen felt that the plans and the purpose for this additional structure should have been approved by the HOA before the property owners were allowed to proceed with their addition. Jess McNeely asked Mr. Scheltgen to provide the covenant prior to the MAPD hearing on August 4, 2016. (NOTE: Mr. Scheltgen delivered the documents to Rebecca Fields the following morning on August 2, 2016, and they were passed on to MAPC with a report). Mr. McManamey asked if the resident was planning on renting this apartment to a family member, and Jess replied that he did not know. Nick Hoheisel motioned to approve this request, and Don McManamey made a 2nd motion. Motion was approved and carried 9-0. The final case to be heard was ZON2016-0029, a City Zone request regarding a TF-3 Two- Family Residential zoning on a 2.40-acres unplatted lot. The vacant, corner lot has 255 feet of frontage along West 55th Street and 355 feet of frontage along S. Handley Avenue. The Page 4 of 5 District IV Advisory Board Minutes August 01, 2016 www.wichita.gov applicant intends to develop duplexes on the site. The subject property will have to be platted into multiple lots to develop more than a single duplex on the property. The City Council will hear this request at the August 23rd City Council meeting. Due to there being other duplexes nearby and that no one was present to object, a motion was made to approve by Nick Hoheisel, and Kit Corby made the 2nd. Motion carried 9-0. OLD BUSINESS No old business. BOARD AGENDA Councilman Blubaugh asked if anyone on the board had anything to share, and Board Member Hoheisel reminded everyone to vote in the Primary tomorrow, August 2nd. David Kapaun made a motion to adjourn and there was a 2nd by Nick Hoheisel. Motion carried 9-0. The meeting adjourned at 7:43 pm. Page 5 of 5

Agenda

DISTRICT IV ADVISORY BOARD AGENDA 08-01-2016 August 1, 2016 Lionel Alford Library 6:30 p.m. 3447 S. Meridian Wichita, KS 67217 ORDER OF BUSINESS Call to Order Pledge of Allegiance Approval of Agenda for August 1, 2016 Approval of Minutes for July 11, 2016 STAFF REPORTS Fire Report WFD will report on any specific issues of concern in the area. Recommended Action: Receive and file. Police Report Community Police Officers will report on community policing issues in the area. Recommended Action: Receive and file. PUBLIC AGENDA Scheduled items NONE Recommended Action: Receive information and file 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. Page 1 of 3 DISTRICT IV ADVISORY BOARD AGENDA 08-01-2016 NEW BUSINESS CON2015-00029 Jess McNeely, Planning, will be presenting a request for Conditional Use for a Nightclub. BC’s Bar and Grill, in the City (4423 S Broadway) within 200 feet of a residential zoning that is directly behind the property on south Market Street. Recommended Action: Based upon the information available prior to the public hearings, planning staff recommends that the request for a Conditional Use for a nightclub be APPROVED, with conditions CON2016-00018 Jess McNeely, Planning, will be presenting a request for Conditional Use for a Nightclub in the City within 300 feet of residential zoning, south of West Kellogg and west of South Seneca St (801 S Seneca – Whiskey Dicks) Recommended Action: Based upon the information available prior to the public hearings, planning staff recommends that the request for a Conditional Use for a Nightclub in the City be APPROVED, with conditions CON2016-00026 Jess McNeely, Planning, will be presenting a request for Conditional Use for a Nightclub in the City within 300 feet of residential zoning, south of Douglas and east of Meridian (2201 W Douglas – Metro Court) Recommended Action: Based upon the information available prior to the public hearings, planning staff recommends that the request for a Conditional Use for a Nightclub in the City be APPROVED, with conditions CON2016-00029 Jess McNeely, Planning, will be presenting a request for Conditional Use for an Accessory Apartment located east of North 151st Street West, on the southeast corner of West Maple Street and South Country View Lane (301 S. Country View – District IV) Recommended Action: Based on information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to conditions Page 2 of 3 DISTRICT IV ADVISORY BOARD AGENDA 08-01-2016 ZON2016-00029 Jess McNeely, Planning, will be presenting a City Zone request regarding a TF-3 Two- Family Residential zoning on a 2.40-acres unplatted lot. The vacant, corner lot has 255 feet of frontage along West 55th Street and 355 feet of frontage along S. Handley Avenue. The applicant intends to develop duplexes on the site. The subject property will have to be platted into multiple lots to develop more than a single duplex on the property. Recommended Action: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED OLD BUSINESS NONE BOARD AGENDA Updates, Issues, and Reports Opportunity is provided for the Council Member and District Advisory Board Members to report any activities, events, or concerns in the neighborhoods and/or Council District. Recommended Action: Provide comments/take appropriate action. Adjournment The next District IV Advisory Board meeting will be September 12, 2016 at 6:30pm, located at Lionel Alford Library at 3447 S. Meridian. Page 3 of 3
District 4 Advisory Board — Wichita, KS