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District 4 Advisory Board

Regular Meeting

Wichita, KS · June 1, 2020

AgendaMinutes

Minutes

District 4 Advisory Board Minutes Monday, June 1, 2020 • 6:30 p.m. Virtual Meeting • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business The District 4 Advisory Board meeting was held online at 6:30 p.m. via the GoToMeeting platform. Council Member Jeff Blubaugh, seven (7) DAB members, two (2) City staff, and one (1) member of the public was present. DAB Members Present DAB Members Absent Dalton Glasscock Matt Lashley Michael Gomm (DAB 4 has three (3) vacancies) June Johnson Alex Martinez Guests Jonathan McRoy Vincent Hancock Laura Rainwater Rebecca Robertson Staff Present Philip Zevenbergen - MAPD Council Member Rebecca Fields – Community Services Dist. 4 Jeff Blubaugh - Absent At 6:31 pm, DAB Member (Chairman) Michael Gomm opened and called the meeting to order. Mr. Gomm proceeded with the agenda and asked approval for the June 1, 2020 agenda. DAB Member Dalton Glasscock made a motion to approve and DAB Member Jonathan McRoy gave a 2nd. Motion was approved 7/0. The next item was approval for the March 2, 2020 DAB meeting minutes. DAB Member Alex Martinez motioned to approve and DAB Member June Johnson gave a 2nd. Motion was approved 7/0. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports DAB Member Michael Gomm asked for the Staff Reports, and Rebecca Fields read the following reports provided by the Community Police Officers from Patrol West and Patrol South. From Patrol West: (provided by Officer David Perkins) DAB 4 • June 1, 2020 • Page 1 Community Police officers in the patrol west bureau have been concentrating on various criminal incidents in the past few months. Several are working on catalytic converter thefts doing follow up on every catalytic converter theft from vehicles in the entire city. Several arrests have been made and a network of suspects have been developed. Others have been working on every theft from vehicles in the west bureau. Every case is looked into and any cases that have credit cards, debit cards, or checks have follow up done. The victims are called to see if their cards have been used and if so those businesses are contacted seeking video evidence. In each instance the cards are used for 600-3000 dollars with pre-paid Visa cards being purchased in the self-checkout lane. These transactions usually take less than 2 minutes. This crime trend will continue to happen until businesses stop selling Visa cards, start asking for identification, victims stop leaving purses and wallets in their vehicles, or criminals stop doing this. In other words, this crime trend will continue to happen with no way of stopping it. The last incidents to be looked into are auto theft. I have no information on this special assignment as I put an email out last week for anyone in the entire patrol west community policing section to send me any information they wanted passed on to the DAB and only Officer West replied and it was just to tell them about working on the catalytic converter special assignment, I received no emails from any other Officers in DAB 4. Over the weekend several protests were held with two being on Saturday the 30 th. These were a rally at Patrol North that was peaceful and the other was a march from Century 2 to the jail. This went on without any major incidents but was a powder keg that wasn’t set off. There were many protesters in the crowd open carrying firearms. On Sunday the 31 st there was another march from Century 2 to the jail but it was a bust with just a few marchers. The second was a vehicle parade that went from 21st and Waco to 13th, to Grove, to 21st and back to 21st and Waco. There were two rounds and the protesters caused major traffic issues by stopping their vehicles on the street blocking traffic, exiting their vehicles and stopping traffic. The police monitored but allowed the civil unrest to go on. The Calfskin Fun Day, scheduled for Saturday June 13th, has been cancelled due to the Covid 19 pandemic. DAB Member June Johnson, the editor of the Calfskin Group Newsletter, commented that their neighborhood will concentrate their efforts on Neighborhood Night Out later in the year. Rebecca Fields, Community Services Representative for District 4, commented that the perpetrator that vandalized the mural in Pawnee Prairie Park had been apprehended and was ordered to complete Community Service hours. The father of this teenager is accountable for making sure his son completes all of the hours. From Patrol South: (provided by Officer Alex Recio) Non-Residential Burglary- 7; Residential Burglary- 4; Auto Theft- 14; Larceny from Auto- 33 DAB 4 • June 1, 2020 • Page 2 The Community Police team worked several special assignments during the past month. One was regarding a regulations check on several metal recycling centers. Some were found to be in violation where one business closed down for the day due to not being able to provide accurate information. The State Attorney General’s Office was contacted and information was sent to them for follow-up. Community Police officers conducted traffic education at two high accident locations. During the 2-hour assignment officers stopped 30 vehicles at 47th Street South and south Broadway for various violations that are causes for accidents. Each driver was advised of the reason for the stop and an educational flier was handed out to them. The second intersection was at west Pawnee and south Broadway where 7 vehicles were stopped and 7 fliers were handed out. Officers at this location were also involved in a car chase where the driver sped off after the officer approached his car. The car was later found abandoned in the area. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda Scheduled Items There are no scheduled Public Agenda items this month. Off-Agenda Items Chairman Michael Gomm then asked if there was anyone in attendance (on-line) who wanted to speak on the open public agenda, and there was no response. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business Mr. Philip Zevenbergen, Associate Planner with the Metropolitan Area Planning Department, was on hand to present two (2) cases to the board. CUP2020-00004: The District IV Advisory Board considered an application that proposes to amend Parcel 1 of the Westway Shopping Center Community Unit Plan (DP-21) to add as a permitted use Event Centers, even those considered Night Clubs in the City where the sale of alcohol and the provision of entertainment are accessory uses. Parcel 1 occupies the majority of the southeast portion of the entire CUP. The majority of the CUP is zoned LC Limited Commercial (LC). However, a small strip of land along the south and west property lines is zoned GO General Office (GO). No buildings occupy the area zoned GO; therefore, this use will operate within the portion zoned LC and no zoning action needs to be taken. DAB 4 • June 1, 2020 • Page 3 The applicant had initially requested an amendment to the CUP for just an Event Center. However, after further discussion with the applicant, it was determined that a Night Club in the City was the most appropriate use category in order to permit the desired activities. The applicant intends to operate an event center that will be rented out to patrons. Possible events at this location could include those that provide entertainment (as defined by the City Code) as well as the serving of alcohol. Should an event have the presence of both at the same time, the venue is classified as a Night Club in the City according to the Unified Zoning Code (UZC). Mr. Zevenbergen explained that this is not a nightclub, but an event center that the public can rent Friday through Sunday, and is being called “Westway Event Center”. Alcohol can be served and it was unknown if a kitchen was located in the facility, but it does allow for any catering. Nearby residents had been calling the Council Office staff and voiced their concerns regarding loud music and disturbances. Mr. Zevenbergen explained that there is to be no outdoor music or tents erected outside for events, and if there was any disturbance in the way of fights or loud music, residents will need to call 9-1-1. Joshua Blick who is the President of the Southwest Neighborhood Association is on the Planning Commission and had asked key questions when this case was reviewed by the Metropolitan Area Planning Commission (MAPC). Mr. Blick was satisfied with the answers given by the business owner. DAB Member Alex Martinez motioned to approve, and DAB Member Laura Rainwater gave a 2nd motion. The motion passed 7/0. Chairman Gomm then called for the next case. ZON2020-00014: The applicant is requesting a change of zoning to rezone several lots on property generally located one block south of West Douglas Avenue and on the west side of South Sycamore Street. The purpose of this request is to construct a commercial parking lot. The subject property for the proposed parking lot has four zoning classification: SF-5 Single Family Residential, MF-18 Multi-Family Residential, LC Limited Commercial, and GC General Commercial. This request is to unify the zoning to GC General Commercial. The site is located within the Delano Overlay District and shall adhere to the requirements stated in the Unified Zoning Code (UZC) Section III-C.8, as well as the Delano Neighborhood Design Guidelines. Philip Zevenbergen, Associate Planner, with the Metropolitan Area Planning Department (MAPD), presented this case to the board and explained that the perimeter of the proposed parking lot will have three to four feet high screening and a six-foot wide landscaped buffer adjacent to any public street. Screening shall consist of brick, ornamental ironwork or a poured-in-place masonry wall that is visually compatible with the architectural character of the surrounding buildings, or any combination thereof. If anyone would like to see similar screening, that there is a lot at the intersection of Texas and Oak Streets that has the approved screening. DAB 4 • June 1, 2020 • Page 4 DAB Member Rebecca Robertson asked if this was going to be a one-level lot or a multi- level parking garage. Mr. Zevenbergen was not sure, and there was no one on-line representing the project plans to answer this question. Guest Vincent Hancock, Vice President of the Delano Neighborhood Association, was on- line and asked who the applicant was for this, and Mr. Zevenbergen answered that Paul Gunzelman with the City of Wichita would be the one to contact. Mr. Hancock then asked what the current zoning of this property was, and Mr. Zevenbergen repeated that SF-5 Single Family Residential, MF-18 Multi-Family Residential, LC Limited Commercial, and GC General Commercial are all the various and current zones of this area. Then Mr. Hancock asked if a parking lot could exist here without a zone change, and Mr. Zevenbergen replied “no”. DAB Member Rebecca Robertson asked who would be the owner of this parking lot, and Mr. Zevenbergen replied that the City of Wichita owns this. She then asked if there had been any calls or correspondence in opposition of this case, and Mr. Zevenbergen replied, no, he had not heard any opposition. DAB Member Dalton Glasscock then motioned to approve this case, and there was a 2 nd motion by June Johnson. The request was approved 7/0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda Chairman Gomm opened up the meeting for any comments or news from the Board Members. The newest member of DAB 4, Laura Rainwater, stated she was glad to be serving on this side of the board meeting (she has previously been staff for the District 2 and District 4 Advisory Boards), and she was busy with on-line meetings in her current position as Director of Administrative Services with Workforce Alliance, REAP Executive Director, and as Director of Sedgwick County Association of Cities. Chairman Gomm commented that he is extremely busy with his company, Glass Guru, which is currently thriving. Mr. Gomm chided that a lot of pent up aggression from mostly teenagers being confined during the Stay-At-Home order has resulted in broken windows and glass doors needing repair. Councilman Blubaugh stated that the recent riots across the nation made him appreciate living in Wichita and that he was happy he wasn’t living any other place. CM Blubaugh complimented the way the Police Chief (Gordon Ramsay) was handling the protests in Wichita. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 4 • June 1, 2020 • Page 5 Adjournment Chairman Gomm then asked for a motion to adjourn. DAB Member Dalton Glasscock made a motion and DAB Member Jonathan McRoy gave the 2nd motion. Motion was approved 7/0. The meeting adjourned at 7:15 pm. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • The next DAB 4 meeting will be on July 6, 2020. DAB 4 • June 1, 2020 • Page 6

Agenda

DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 June 1, 2020 Via GoToMeeting 6:30 p.m. On-line or by phone Wichita, KS District 4 Advisory Board Meeting Mon, Jun 1, 2020 6:30 PM (CDT) INSTRUCTIONS FOR VIEWING AND GIVING COMMENTS Please join this meeting from your computer, tablet or smartphone by clicking on this link: https://global.gotomeeting.com/join/212978285 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/212978285 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) United States: +1 (646) 749-3112 Please use this meeting access code: 212-978-285 FOR THOSE WHO ARE CALLING IN:  It is advisable to have your microphone on “mute” to keep out background noises, until you wish to speak.  Callers will be addressed in the order of the call list. You will need to state your name and address for the record before speaking. FOR GUESTS USING A COMPUTER OR SMART DEVICE:  Should you wish to speak on an agenda item, send your request through the “chat” option (balloon quip) located at the top right of your screen. You will be called on when it is your turn. FOR DAB MEMBERS:  All votes taken by separately stating “Aye” or “Nay”. Page 1 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 ORDER OF BUSINESS Call to Order Approval of Agenda for June 1, 2020 Approval of Minutes for March 2, 2020 STAFF REPORTS Fire and Police briefings provided by staff PUBLIC AGENDA Scheduled items NONE SCHEDULED Recommended Action: Receive and file. Off-agenda items Recommended Action: Receive and file. NEW BUSINESS CUP2020-0004: (see page 4 of agenda for staff report and site documents) The application proposes to amend Parcel 1 of the Westway Shopping Center Community Unit Plan (DP-21) to add as a permitted use Event Centers, even those considered Night Clubs in the City where the sale of alcohol and the provision of entertainment are accessory uses. Parcel 1 occupies the majority of the southeast portion of the entire CUP. The majority of the CUP is zoned LC Limited Commercial (LC). However, a small strip of land along the south and west property lines is zoned GO General Office (GO). No buildings occupy the area zoned GO; therefore, this use will operate within the portion zoned LC and no zoning action needs to be taken. (This case was heard by the MAPC on May 21, 2020) Recommended Action: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED, subject to conditions listed on staff report. Page 2 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 ZON2020-00014: (see page 14 of agenda for staff report and site documents) City zone change from SF-5 Single-Family Residential, MF-18 Multi-Family and LC Limited Commercial to GC General Commercial. Zoning to allow for a commercial parking lot; generally located S. Sycamore Street on the south side of W. Texas Ave associated with VAC2020-14, Delano Overlay. (This case will be heard by MAPC on June 4, 2020) Recommended Action: Based upon the information available at the time the staff report was prepared, it is recommended the application be APPROVED, subject to conditions listed on staff report. OLD BUSINESS NONE BOARD AGENDA Updates, Issues, and Reports An 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 4 Advisory Board meeting will be held at the Alford Branch Library, 3447 S Meridian, on July 6, 2020 at 6:30 pm. ATTACHMENTS: - MAPC Staff Reports Page 3 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 AGENDA ITEM NO. STAFF REPORT MAPC May 21, 2020 DAB IV June 1, 2020 CASE NUMBER: CUP2020-00004 APPLICANT/AGENT: Westway Plaza LLC, Luis Soria (Applicants)/ Curtis Bowen, Oscar Gomez (Agents) REQUEST: Amendment to Parcel 1 of the Westway Shopping Center Community Unit Plan (DP-21) CURRENT ZONING: LC Limited Commercial, GO General Office SITE SIZE: 11.29 acres LOCATION: Generally located on the southwest corner of South Meridian Avenue and West Pawnee Avenue. PROPOSED USE: Amendment to Parcel 1 to add as a permitted use Event Centers, even those considered Night Clubs in the City where the sale of alcohol and the provision of entertainment are accessory uses. Page 4 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 BACKGROUND: This application proposes to amend Parcel 1 of the Westway Shopping Center Community Unit Plan (DP-21) to add as a permitted use Event Centers, even those considered Night Clubs in the City where the sale of alcohol and the provision of entertainment are accessory uses. Parcel 1 occupies the majority of the southeast portion of the entire CUP. The majority of the CUP is zoned LC Limited Commercial (LC). However, a small strip of land along the south and west property lines is zoned GO General Office (GO). No buildings occupy the area zoned GO; therefore, this use will operate within the portion zoned LC and no zoning action needs to be taken. The applicant initially requested an amendment to the CUP for just an Event Center. However, after further discussion with the applicant, it was determined that a Night Club in the City was the most appropriate use category in order to permit the desired activities. The applicant intends to operate an event center that will be rented out to patrons. Possible events at this location could include those that provide entertainment (as defined by the City Code) as well as the serving of alcohol. Should an event have the presence of both at the same time, the venue is classified as a Night Club in the City according to the Unified Zoning Code (UZC). Chapter 3.30 of the City Code defines Entertainment as: An event center or any person or entity which provides entertainment at a venue. Entertainment is defined as any single event, a series of events, or an on-going activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate, or is conducting for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to any of the following: - Dancing by patron(s) to live or recorded music; - The presentation of music played on sound equipment operated by an agent or contractor of the establishment (DJ); Page 5 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 - The presentation of live music whether amplified or un-amplified; - The presentation of music videos, music concerts, or other similar forms of musical entertainment of any source; or - Any amusement or event such as live music or other live performance which is knowingly permitted by an Entertainment Establishment, including, but not limited to, presentations by single or multiple performers, such as hypnotists, pantomimes, comedians, dance acts, concerts, dances, live bands, karaoke, or other live music. According to the CUP, Parcel 1 is presently limited to the following uses: Shopping center and associated tires, batteries, and accessories stores, supermarkets, financial institutions, offices, personal services, and retail sales a permitted by the zoning district. Additionally, vocational school, restaurant and outdoor entertainment in the form of carnival rides, games, and concession were added as permitted uses by various Administrative Adjustments in 2003 and 2014. The applicant is requesting the CUP General Provision for Parcel 1 be amended to read as follows: Proposed Use – Shopping center and associated tires, batteries, and accessories stores, supermarkets, financial institutions, offices, personal services, and retail sales a permitted by the zoning district.. A. Vocational school (See Admin. Adjustment dated 8/19/2003) B. Restaurant (See Admin. Adjustment dated 11/26/2003), C. Outdoor entertainment in the form of carnival rides, games, and concessions, shall be allowed for a period of fourteen (14) consecutive days between the dates of March 1st and April 30th and for an additional fourteen (14) consecutive days between the dates of October 1st and November 30th each year. Owner to obtain all necessary licenses and permits (per amendment dated 5/13/2014). D. Event Centers in the City, including those considered Nightclubs in the City, where the sale of alcohol and the provision of entertainment are accessory uses. The parcels North of Parcel 1 within the CUP are zoned LC Limited Commercial and permitted a variety of commercial uses such as retail stores, fast-food restaurants, a financial institution and a supermarket. Property north of West Pawnee Avenue is also zoned LC Limited Commercial with a commercial make- up of similar uses as those within the Westway Commercial Shopping Center CUP. Property south of Parcel 1 is primarily zoned SF-5 Single Family Residential with single family residences. On the corner of South Seneca and West Crawford, two parcels are zoned NO Neighborhood Office and is occupied with an insurance office with associated parking. The property east of Parcel 1 is zoned LC Limited Commercial with a variety of commercial uses including a coffee shop, bank, retail shops and fast-food restaurants. The property west of Parcel 1 is zoned LC and GO General Office, and it is primarily undeveloped land in addition to a paved area once used for parking. CASE HISTORY: Board of Zoning Adjustment case BZA 14-84 granted a “use exception” to permit a nursery and garden center. On June 11, 1985, the Board of City Commissioners approved an amendment to DP-21 that created individual parcels for buildings fronting Seneca Street and Pawnee Road, and zone change Z-2687, BB (today’s GO) to LC. In 1986 an administrative interpretation was granted to allow the construction of a canopy within the 90-foot building setback located along Seneca Street. Vacation case V-2037 (June 12, 1997) vacated a portion of a platted 90-foot building setback. On July 21, 1997, an administrative adjustment to Parcel 10 permitted an automatic teller machine within the aforementioned vacated platted building setback. On April 29, 1998, an administrative adjustment was approved to reduce Page 6 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 the building setback from 90 feet to 29 feet on Parcel 11. On August 24, 1998, an administrative adjustment to reduce the building setback from 90 feet to 30 feet on Parcel 1 was approved. Another administrative adjustment was approved that reduced the building setback from 90 to 2 feet for another portion of Parcel 1. On September 13, 1999, an administrative adjustment was approved to permit the relocation of a “nursery and garden center” on Parcel 1. On January 5, 2001, an administrative adjustment was approved to divide the original Parcel 2 into two parcels, Parcels 2A and 2B, and to establish the development standards associated with the two parcels. On August 19, 2003, an administrative adjustment was approved to permit a “vocational school” on Parcel 1. On November 26, 2003, an administrative adjustment to add “restaurant” to the list of permitted uses on Parcel 1, and to reduce building setbacks on Parcels 1, 5, 6, 7, 8, 9, 10, and 11 to 35 feet to correspond with VAC2003-00048 that reduced a platted setback located on the same parcels just noted. In 2007, the majority of the shopping center was replatted to the Westway 2nd Addition. In February 2014, an administrative adjustment was approved to match the lot configuration with the final plat of Westway 2nd Addition. On April 10, 2014 the case CUP2014-00006 was heard in order to permit outdoor entertainment in the form of carnival rides, games, and concessions to take place on Parcels 1 and 13 up to 2 times per year for 14 consecutive days each. ADJACENT ZONING AND LAND USE: North: LC: Commercial South: SF-5, NO: Single Family Residential, Insurance Office East: LC: Commercial West: LC, GO: Undeveloped PUBLIC SERVICES: All public services are available to the site. South Seneca Street is a paved five- lane arterial. West Pawnee Avenue is a five-lane paved arterial. CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept map indicates the site is appropriate for “commercial” and is located inside Wichita’s 2035 Established Central Area. The established land uses in this immediate area are predominately commercial. The addition of this use within the subject CUP is consistent with the overall uses and adequate space and parking is available to support the use. The overall spirt and intent of this CUP amendment appears to be in conformance with the policies and guidelines of the adopted Plans for the City of Wichita. RECOMMENDATION: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED, subject to the following conditions: 1. The text of Parcel 1 shall be revised to read as follows: Proposed Use – Shopping center and associated tires, batteries, and accessories stores, supermarkets, financial institutions, offices, personal services, and retail sales as permitted by the zoning district.. A. Vocational school (See Admin. Adjustment dated 8/19/2003) B. Restaurant (See Admin. Adjustment dated 11/26/2003), C. Outdoor entertainment in the form of carnival rides, games, and concessions, shall be allowed for a period of fourteen (14) consecutive days between the dates of March 1st and April 30th and for an additional fourteen (14) consecutive days between the dates of October 1st and November 30th each year. Owner to obtain all necessary licenses and permits (per amendment dated 5/13/14). Page 7 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 D. Event Centers in the City, including those considered Nightclubs in the City, where the sale of alcohol and the provision of entertainment are accessory uses. 2. The CUP drawing shall be revised to include the details of this amendment. 3. The site shall be developed in substantial conformance with the revised provisions of the approved CUP. 4. The applicant shall submit four copies of the amended and approved CUP within 60 days of final approval to the Metropolitan Area Planning Department or the amendment shall be deemed null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The parcels North of Parcel 1 within the CUP are zoned LC Limited Commercial and permitted a variety of commercial uses such as retail stores, fast-food restaurants, a financial institution and a supermarket. Property north of West Pawnee Avenue is also zoned LC Limited Commercial with a commercial make-up of similar uses as those within the Westway Commercial Shopping Center CUP. Property south of Parcel 1 is primarily zoned SF-5 Single Family Residential with single family residences. On the corner of South Seneca and West Crawford, two parcels are zoned NO Neighborhood Office and is occupied with an insurance office with associated parking. The property east of Parcel 1 is zoned LC Limited Commercial with a variety of commercial uses including a coffee shop, bank, retail shops and fast- food restaurants. The property west of Parcel 1 is zoned LC and GO General Office, and it is primarily undeveloped land in addition to a paved area once used for parking. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property has been used for multiple commercial uses in the past. The amendment will permit a use not unreasonable given the nature of the uses within the overall CUP. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: With the management of the use through the Community Unit Plan, the approval of the proposed CUP amendment should have minimal detrimental impact on nearby property. 4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request will permit the expansion of the use of the subject property. Denial would presumably represent a loss of economic opportunity to the applicant and/or landowner. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The 2035 Wichita Future Growth Concept map indicates the site is appropriate for “commercial” and is located inside Wichita’s 2035 Established Central Area. The established land uses in this immediate area are predominately commercial. The addition of this use within the subject CUP is consistent with the overall uses and adequate space and parking is available to support the use. The overall spirt and intent of this CUP amendment appears to be in conformance with the policies and guidelines of the adopted Plans for the City of Wichita. 6. Impact of the proposed development on community facilities: No impacts are not anticipated by this amendment. Page 8 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Staff Report Attachments: 1. Aerial Map 2. Zoning Map 3. Land Use Map 4. Approved CUP DP-21 dated 5/13/2014 Page 9 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 10 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 11 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 12 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 13 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 AGENDA ITEM NO. _____ STAFF REPORT MAPC: June 4, 2020 DAB IV: June 1, 2020 CASE NUMBER: ZON2020-00014 APPLICANT/AGENT City of Wichita c/o Paul Gunzelman (Applicant)/ Garver c/o Will Clevenger (Agent) REQUEST: GC General Commercial CURRENT ZONING: SF-5 Single-Family Residential, MF-18 Multi-Family Residential, LC Limited Commercial SITE SIZE: 0.38 acres LOCATION: Located one block south of West Douglas Avenue and on the west side of South Sycamore Street. PROPOSED USE: Construction of a commercial parking lot. Page 14 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 BACKGROUND: The applicant is requesting a change of zoning classification for several lots on property generally located one block south of West Douglas Avenue and on the west side of South Sycamore Street. The purpose of this request is to construct a commercial parking lot. The subject property for the proposed parking lot has four zoning classification: SF-5 Single Family Residential, MF-18 Multi-Family Residential, LC Limited Commercial, and GC General Commercial. This request is to unify the zoning to GC General Commercial. The site is located within the Delano Overlay District and shall adhere to the requirements stated in the Unified Zoning Code (UZC) Section III-C.8, as well as the Delano Neighborhood Design Guidelines. Below is a specific description of which lots carry which current zoning classification. This can also be seen in the attached zoning map.  SF-5 to GC: Lots 82 and 84 on Texas Avenue, West Wichita Addition  MF-18 to GC: Lots 86 and 88 on Texas Avenue, West Wichita Addition  LC to GC: The west 65 feet of Lot 5 Sycamore Avenue, McKee’s Resurvey Addition The site currently has existing buildings that will be razed in order to accommodate the construction of the parking area. The applicant also filed a vacation case (VAC2020-00014) to vacate the platted north/south and east/west alleys on the property. This case is being heard concurrently. As stated above, the site is located within the Delano Overlay District. Section III-C.8.c.1.a states that “no permits for building demolition, construction or alterations, signs, fences abutting public streets (not including alleys), sidewalks, parking areas and driveways may be issued for any property, structure or site located wholly or partially within the Delano Overlay District, unless a permit has been reviewed for compliance with this District and the Delano Neighborhood Design Guidelines and approved by the Design Review Committee.” Specifically, the Delano Neighborhood Design Guidelines state that any off-street Page 15 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 parking area shall have three to four feet high screening and a six-foot wide landscaped buffer adjacent to any public street. Screening shall consist of brick, ornamental ironwork or a poured-in-place masonry wall that is visually compatible with the architectural character of the surrounding buildings, or any combination thereof. Property to the north is zoned GC and LI and is used commercially as well as an associated parking area. Property to the south is zoned GC and is vacant commercial buildings and undeveloped land. Property to the east is zoned PUD Planned Unit Development and is a baseball stadium. Property to the west is zoned SF-5 and is single family residences. All properties to the north, west, and south are subject to the Delano Overlay. Property to the east is excluded from the Delano Overlay District. CASE HISTORY: The property is platted even Lots 82 through 88 on Texas Avenue, West Wichita Addition and west 65 feet of Lot 5, Sycamore Avenue, McKee’s Resurvey Addition. ADJACENT ZONING AND LAND USE: North: GC and LI Commercial uses and parking area South: GC Vacant commercial buildings and undeveloped land East: PUD Baseball stadium West: SF-5 Single family residences. PUBLIC SERVICES: South Sycamore Street is a paved 2-lane local street. West Texas Avenue is a 2- lane paved local street. South Oak Street is a 2-lane paved local street. All municipal services are available on-site. CONFORMANCE TO PLANS/POLICIES: The Community Investment Plan depicts the subject site as appropriate for “New Residential and Employment Mix.” This category encompasses areas within the City that will develop with uses predominantly of a mixed nature. The site is within the Established Central Area (ECA)—an area comprised of the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius. The ECA is the focus are of the Wichita Urban Infill Strategy. Recognizing the public commitment to create a major “entertainment development” with the new baseball facility to the east, coupled with the massive redevelopment investments being made in the area, the rezoning of the subject property for additional parking is reasonable and consistent with the spirit and intent of the Comprehensive Plan. The proposed parking spaces will support the vitality and value of the surrounding neighborhood. RECOMMENDATION: Based upon the information available at the time the staff report was prepared, it is recommended the application be APPROVED, subject to the following conditions: 1. The issuance of building permits is contingent upon the review and approval by the Delano Review Committee. 2. The property shall comply with all applicable landscape and screening requirements as outlined in the Delano Neighborhood Design Guidelines. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Property to the north is zoned GC and LI and is used commercially as well as an associated parking area. Property to the south is zoned GC and is vacant commercial buildings and undeveloped land. Property to the east is zoned PUD Planned Unit Development and is a baseball stadium. Property to the west is zoned SF-5 and is Page 16 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 single family residences. All properties to the north, west, and south are subject to the Delano Overlay. Property to the east is excluded from the Delano Overlay District. 2. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned SF-5, MF-18, and LC and could continue to function within such zoning classification with the current structures on-site. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of GC zoning would allow for the site to be used for a commercial parking area as well as other uses as permitted within the GC District. With the proximity of existing GC zoning on abutting an adjacent property, this is not a new zoning classification in the area. Approval of the request should not detrimentally impact nearby property owners. The construction of a commercial parking lot can assist in the success and viability of the nearby baseball stadium and Delano Business District. 4. Length of time the property has remained vacant as currently zoned: Portion of the subject property has existing structures which are vacant. It is presumed they have only been vacant as long as the City has owned them in preparation for construction of future parking related to the adjunct baseball stadium. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investment Plan depicts the subject site as appropriate for “New Residential and Employment Mix.” This category encompasses areas within the City that will develop with uses predominantly of a mixed nature. The site is within the Established Central Area (ECA)—an area comprised of the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius. The ECA is the focus are of the Wichita Urban Infill Strategy. Recognizing the public commitment to create a major “entertainment development” with the new baseball facility to the east, coupled with the massive redevelopment investments being made in the area, the rezoning of the subject property for additional parking is reasonable and consistent with the spirit and intent of the Comprehensive Plan. The proposed parking spaces will support the vitality and value of the surrounding neighborhood. 6. Impact of the proposed development on community facilities: Existing municipal facilities are nearby. Staff Report Attachments: 1. Area Map 2. Zoning Map 3. Land Use Map Page 17 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 18 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 19 of 20 DISTRICT IV ADVISORY BOARD AGENDA 06-01-2020 Page 20 of 20