District 5 Advisory Board
Regular MeetingWichita, KS · January 4, 2021
Minutes
District 5 Advisory Board Minutes
Monday, January 4, 2020 • 6:30 p.m.
Virtual meeting via Zoom
Attendance
Members Present Staff Present
JV Johnston Pete Ridder, Wichita Fire Department
Trevor Kurth Officer Nikki Woodrow, Wichita Police
Alissa Unruh Department
Rachel Murphy-Thomas Gary Janzen, Public Works & Utilities
Dennis Clary David McGuire, Park and Recreation
Jose Gutierrez Cory Buchta, Community Services
Nancy Duling Representative, City Manager’s Office
Council Member Bryan Frye
Trey Rios, Youth Member
Members Absent
Jill Kerschen
Troy Palmer
Roman Rodriguez
Angela Breer
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Order of Business
Call to Order: The meeting was called to order by JV Johnston.
Approval of January 4, 2021 Agenda: Motion PASSED 8-0-0
Approval of Minutes from December 7, 2020: Motion PASSED 8-0-0
DAB 5 • January 4, 2021 •Minutes• Page 1
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Public Agenda
1. Scheduled Items
None
2. Off-Agenda Items
JC Johnston: The Guadalupe Clinic is still doing COVID testing. Probably 40 or 50 a day. As I took the
batch in today, Sedgwick County dropped off 500. There’s a lot of testing going on today which is a good
sign.
Q (DAB): Do you have any information on the vaccination side of that? How many people are getting
vaccinated?
A: The State is still in Phase 1 of vaccinations which is anybody who comes in contact with potential
COVID patients. They have asked people not to go on to Phase 2. As of now the State is ignoring our
request for COVID vaccines because we are not a FQHC. I’m trying to get calls in to change that if we
can. I just like to have our patients have access to it because we’re the poorest of the poor who we serve.
Action Taken: Received and filed.
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Board Agenda
3. Updates, Issues, and Reports
CM Frye:
Put a 2020 recap on the District Facebook page. We accomplished quite a bit in City of Wichita in 2020.
Some things in our District specifically but bigger picture wise. Tomorrow we will announce notice of
vacancy for City Council District 3. James had 1 year left as a council member. We will announce to
opportunity the vacancy. People will have to collect 100 signature of qualified electors from District 3 by
January 26. When those get to City Click, those names will get submitted to District 3 Advisory Board and
they will interview those candidates and recommend up to 5 candidates to the City Council. Looking at
early February to fill that seat then District 3 will be up for reelection this year for a full term starting in
2022. Six inches of snow on January 1st, applaud public works for the rapid cleanup. I didn’t really hear
about any problems. It wasn’t a big issue from what I heard.
Q (Alan Kailer): What is coming up in the next month at City Council?
A: Appointment of Council Member at District 3 will be a big one. We changed Vice Mayor. That’s
rotational. State and federal legislative agenda is coming up. Changing vice mayor. End of the month
workshop on ethics and if there are changes for what we want to do with our existing policies. I would
argue our current policy works. But that’s the discussion we’ll have at January workshop. We will be
discussing the economy. At the end of the year we changed our economic incentive policies to focus
more on small business and entrepreneurial and giving those companies the opportunity for those
benefits. In March, we will start looking at the budget for 22.
DAB 5 • January 4, 2021 • Minutes • Page 2
Q (DAB): The announcement was made about the Wind Surge are Double A affiliates of the Minneapolis
team?
A: Yes, the Minneapolis Twins. We’re no longer affiliated with the Florida Marlins. Major League Baseball
stepped in and renegotiated their agreement with all the farm teams across the country. Their agreement
had expired at the end of October with Minor League Baseball and so multiple cities lost their teams
altogether. We are fortunate enough to hold on to a team and it is Double A. We had hoped for Triple A.
Q (DAB): Who are the owners now?
A: Lou died of COVID earlier this year. His wife inherited ownership. They have minority partners. They
are managed locally now.
C (DAB): They cancelled St. Patrick’s Day Parade in Delano instead of waiting until day before like last
year.
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Staff Reports
4. Wichita Fire Department Report
Pete Ridder reported:
District 5 had about 300 incidents in October. 300 incidents - 254 medical – 41 service alarms – 5 fire
alarms. 2 were significant fires in November. Fire set in basement bedrooms. Looked intentionally set.
Second fire suspected arson. Strong police presence. Fire load has been heavy last 2-3 weeks in the city.
When it starts to get cold, Christmas lights and electrical load. A good time to check smoke alarms and
make sure your family has an escape plan.
5. Wichita Police Department Report
Sgt. Nikki Woodrow reported: Catalytic converter thefts are a big problem city wide and in west side.
Between 1 and 5 a night in the whole city. Suspects are getting under vehicles, cutting off converters and
selling them as scrap to make extra money. Have a few leads but very hard to track. Following up on
every theft right now looking for any evidence left behind.
Auto thefts are on the rise with cold weather. A lot in the morning with people warming up cars. Did a
special assignment over Christmas. Found at least 60 cars that were warming unattended that could have
been stolen.
We got about 50 recruits graduating on the 21st of this month. New class will start with 40 or 50 new
recruits.
C (DAB): My son has a Honda Element. Came home from church and said his vehicle sounds really loud.
Officer said they tried to steal it, but couldn’t get it off. Two days later the car was jacked up, but they
didn’t steal it. We filed a police report.
A: That what makes this so hard because it’s so random. It’s not a particular group or person.
DAB 5 • January 4, 2021 • Minutes • Page 3
6. Park and Recreation Department Report
David McGuire reported:
Advertising registration for classes is open. We are bringing back junior football program. There are 2,000
kids that participate. We are trying to have a spring season. Riverside tennis center renovation underway.
About 70% done on that. Park maintenance and forestry doing their regular work and dead tree removal.
C (CM Frye): There is some capital improvement work going on at Swanson Park.
A: We are rerouting the walking path because the bank of the Cowskin gave way there. But that bridge
will be my number 1 CIP project because it needs replaced in a desperate way. They are done with it.
7. Wichita Public Library Report
Cory Buchta reported on behalf of Wichita Public Library:
All Wichita Public Library locations are operating with curbside and drive up window service only. This
decision was made by Library staff due to the rising numbers of COVID-19 cases in Wichita. Customers
are able to borrow materials from the Library by placing holds through the online catalog or by calling your
branch location. Hold and transfer fees will be waived at this time. When materials are ready for pick up,
customers will be notified. Public computing will not be available. Copy, print and fax service will be
available at all locations through curbside and drive up window service. The Library’s digital collection is
available 24/7 on OverDrive and Flipster. More information available at www.wichitalibrary.org/covid-19.
The NEA Big Read: Wichita kicks off this month on January 9, running through February 21. This year’s
selection is “Circe” by Madeline Miller, a book about the lesser-known goddess Circe we know from
Greek mythology. The Big Read is a community-wide reading program that encourages adults to pick up
the chosen book, read it and participate in community programs from different organizations in and
around Wichita. For a complete list of upcoming programs, visit www.bigreadwichita.org.
Registration for the winter session of virtual programs at the Library is available online at
www.wichitalibrary.org/events. All programs will be held on Zoom. Customers will receive an email with
Zoom login information the day before and the day of the event.
The Library is proud to collaborate with Suzanne Perez and the Wichita Eagle for the fifth ReadICT
Reading Challenge. ReadICT is a reading challenge for adults to read 12 books from 12 categories in 12
months (one book each month, but you can organize your reading to fit your schedule). We give you the
categories and some ideas for books you can read, but ultimately, you get to choose what you want to
read. Use the Beanstack app, the Library’s reading tracking app, to keep track of the books you read. Log
your books each month for a chance to win cool prizes throughout the year! Visit
www.wichitalibrary.org/readict to learn more.
In an effort so speed up curbside service at the Westlink Branch, and to ensure equitable service to
customers, staff created a drive up service for customers to pick up holds or use the Library’s print, copy
and fax services. There are directional signs in the Westlink parking lot, and staff stand ready to assist
once you arrive.
8. Public Works & Utilities Report
Gary Janzen, Public Works & Utilities, reported:
Projects Under Construction
DAB 5 • January 4, 2021 • Minutes • Page 4
13th Street, Cowskin Creek to 135th Street
Two-way traffic on 135th open in both directions and 13th in both directions 119th to 135th.
Wrapping up sidewalk work.
Will have to come back in second quarter of next year to put final layer of asphalt on top.
37th & Tyler Traffic Signal
Poles expected to be here by early 2021. Working on things before those get here, pouring bases.
Projects in Design
Harvest Park Pool underground work in progress. Expecting it to be complete in time for pool season
2021.
Pavement Preservation work continues. 2020 program everything complete mostly. Some Westlink
streets will be completed in January. 2021 program – asphalt overlays – 119th from Maple to 13th, Central
from Maize to Tyler, Central from Woodchuck to Ridge, Maple from 119th to Maize – will start 2nd quarter.
Microsurfacing – pavement repairs first then thin surface on top. Crack seal – 135th from ½ mile south of
13th to 13th, Maize from Maple to Central. Residential streets – several. Check out the maps. 3rd quarter.
Preservation seal – Ridge from 21st to 96, Central from Tyler to Woodchuck, Central from Ridge to 235,
then Maple from 119th to 135th. All in 3rd quarter.
Aquatics Master Plan – phase 3 – still under design. Phase 1a, 1b, and 2 under construction.
Hoover bike path – looking to signalize Hoover and Zoo intersection.
Ridge and Village Circle traffic signal. Still working on that.
37th St Sidewalk, Ridge to Ridgeport. Working on designing that. Plan to construct in 1 st quarter of 2021.
Action Taken: Received and filed.
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New Business
9. PUD2020-00012
Philip Zevenbergen, Metropolitan Area Planning Department, presented an application on behalf of
Pike, LLC, Jay Russell (Owner/Applicant) Baughman Company P.A., Russ Ewy (Agent). The applicant is
requesting a zone change from SF-5 Single Family Residential to PUD Planned Unit Development in
order to create the Pike Addition Planned Unit Development (PUD #80). The purpose of this PUD is to
permit accessory apartments by-right on each included lot, in addition to permitting a limited number of
non-resident employees for home occupations.
Q (DAB): On home occupations, I don’t anticipate you are going to permit for home occupations then
they’re going to turn around and have an HOA covenant that bans in home business?
A: Right.
Q (DAB): Is it fair to say that maybe some of the target market is those that are retiring? If they want to
have a caretaker or extended family live in an ancillary apartment, and if you ultimately need a medical
employee in the future, to live on site these are things that would take care of that for the whole
community.
A: I think that’s fair to say.
DAB 5 • January 4, 2021 • Minutes • Page 5
Q (DAB): Is this something that is unprecedented? Has it ever been done in Wichita anywhere else? Do
you think it will set a precedent?
A: It could set a precedent for new development. I don’t think something like this scale (has been done).
Q (DAB): How many of the 38 home owners not part of this were upset or ok with this?
A: The only two people I have heard on this are individuals who live outside of this development.
Q (CM Frye): Were the 38 home owners all notified individually about this?
A: Yes.
Q (CM Frye): Do we call out the restricted businesses that are not allowed within this zoning as a part of
this?
A: The zoning code has a list of businesses that are permitted, and if it’s not on the list, it is not permitted.
And like businesses that the Zoning Administrator may kind of give a blessing to. If it’s not on the list, they
need to talk to the Planning Department.
Q (DAB): Would it be to our benefit to add as a condition to this, that people could have it as a rental
make extra income, if his covenants are going to override that and not allow rental producing income.
A: The covenants are going to override that.
The Public in attendance had the following questions and comments:
Q (Russel Fox): Is (access to parking requirements) something that’s on anybody’s mind? Is that
something that Jay has thought about in connection with this proposal?
A: Typically, we have four off street parking spaces on all of these lots. That’s the two car garage and
many times a three car garage and the two spaces behind that. So you’ve got four or five off street
parking spaces and there’s always room on the street in front of the house for a car for an employee
without impacting the neighborhood. I’m guessing at these numbers, but if one out of five or one out of 10
lots would actually build an accessory apartment, then one out of 30 or one out of 40 is going to have an
additional employee that comes in and works there, so I don’t think parking is going to be a big issue.
Action Taken: Motion to APPROVE the application as presented made by Troy Palmer. Seconded by
Dennis Clary. Trevor Kurth abstained due to his professional relationship with the applicant. MOTION
PASSED 8-0-1
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Adjournment
The meeting was adjourned at 9:06 p.m. The next District 5 Advisory Board meeting will be held at 6:30
p.m. on Monday, February 1, 2021. It will take place virtually via Zoom.
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Guests
Russel Fox
Alan Kailer
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Respectfully submitted,
Cory Buchta, Community Services Representative, District 5
DAB 5 • January 4, 2021 • Minutes • Page 6
Agenda
District 5 Advisory Board Agenda
Monday, January 4, 2021 • 6:30 p.m.
Virtual Meeting
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Virtual Meeting Access Information
Due to safety concerns and recent orders related to the COVID-19 pandemic, the January DAB meeting
will be held virtually. The public can join and participate in the meeting through the Zoom platform or view
the meeting live on the District 5 Facebook page. Residents also have the option to submit comments to
be read into record via email to cbuchta@wichita.gov no later than 5 p.m. on the day of the meeting.
To join Zoom meeting on a computer, tablet, or smartphone:
Click on the link below and enter the meeting ID and passcode.
o https://zoom.us/j/93981703391?pwd=YldnL3BpMEREemEyK2lIRW9iV3dnZz09
o Meeting ID: 939 8170 3391
o Passcode: 787881
To join Zoom meeting via telephone (audio only):
Dial 1 (312) 626 - 6799 and enter access code 939 8170 3391.
If you plan to dial in by phone, be aware that you may incur charges depending on your phone
plan.
Please note:
Members of the public are asked to keep their device on mute until public comment is called for.
You do not need a Zoom account to join the meeting.
Zoom may prompt you to download their free app, but residents can also join the meeting through
a web browser.
Click here for more detailed instructions on joining a Zoom meeting.
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DAB 5 • January 4, 2021 • Agenda • Page 1
Order of Business
Call to Order
Approval of Agenda for January 4, 2021
Approval of Minutes for December 7, 2020
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Public Agenda
1. Scheduled Items
None
2. 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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Board Agenda
3. Updates, Issues and Reports
Opportunity is provided for the Council Member and the District Advisory Board members to report any
activities, events, or concerns in the neighborhoods and/or Council District.
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Staff Reports
4. Fire Department Report
Fire Department Staff for fire stations in District 5 will report on specific concerns.
5. Community Police Report
Community Police Officers for beat areas in District 5 will report on specific concerns.
6. Park & Recreation Department Report
Park and Recreation Staff will provide updates for parks in District 5 and report on other activities
taking place across the city.
7. Wichita Public Library Report
Tracie Partridge, Westlink Branch Senior Librarian, will report on events and programs at the
Westlink Branch Library.
DAB 5 • January 4, 2021 • Agenda • Page 2
8. Public Works & Utilities Report
Public Works and Utilities Staff will give an update on District 5 projects.
Recommended Action: Receive and file all Staff Reports
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New Business
9. PUD2020-00012
Philip Zevenbergen, Metropolitan Area Planning Department, will present an application on behalf of
Pike, LLC, Jay Russell (Owner/Applicant) Baughman Company P.A., Russ Ewy (Agent). The applicant is
requesting a zone change from SF-5 Single Family Residential to PUD Planned Unit Development in
order to create the Pike Addition Planned Unit Development (PUD #80). The purpose of this PUD is to
permit accessory apartments by-right on each included lot, in addition to permitting a limited number of
non-resident employees for home occupations.
Recommended Action: Based on the information available at the time of the public hearing, staff
recommends APPROVAL of the application subject to provisions of the Pike Addition PUD #80, and subject
to the following conditions:
1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract
(referenced as PUD #80 Pike Addition Planned Unit Development) has special conditions for
development on the property.
2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted
to the Metropolitan Area Planning Department within 60 days of governing body approval, or the
request shall be considered denied and closed.
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Adjournment
The next District 5 Advisory Board meeting will be held at 6:30 p.m. on Monday, February 1, 2021.
DAB 5 • January 4, 2021 • Agenda • Page 3
AGENDA ITEM NO. 9
STAFF REPORT
MAPC January 7, 2021
DAB V January 4, 2021
CASE NUMBER: PUD2020-00012
APPLICANT/AGENT: Pike, LLC, Jay Russell (Owner/Applicant)
Baughman Company P.A., Russ Ewy (Agent)
REQUEST: Rezone to Create Pike Addition Planned Unit Development #80
CURRENT ZONING: SF-5 Single Family Residential
SITE SIZE: 154.62 acres
LOCATION: Generally located on the north side of West Maple Street and within one-
half mile west of South 151st Street West. (WCC V)
PROPOSED USE: Residential use with accessory apartments and home occupations.
PUD2020-00012
Metropolitan Area Planning Commission Page 1
BACKGROUND: The applicant is requesting a zone change from SF-5 Single Family Residential to PUD
Planned Unit Development in order to create the Pike Addition Planned Unit Development (PUD #80). The
purpose of this PUD is to permit accessory apartments by-right on each included lot, in addition to
permitting a limited number of non-resident employees for home occupations. The PUD consists of the
majority of the platted, undeveloped Pike Addition which is generally located on the north side of West
Maple Street and within one-half mile west of South 151st Street West. The Addition consists of 330 platted
lots, but the PUD excludes 38 of the lots because those lots have already been sold to private owners. The
excluded lots are zoned SF-5 and shaded grey on the attached PUD drawing.
If the PUD is approved, it would permit accessory apartments by-right on each included lot. If the site were
to remain zoned SF-5, a conditional use is required to permit an accessory apartment on each lot. As stated
in the PUD text, if the accessory apartments are detached from the main dwelling, they shall follow all
development standards for accessory structures as stated in the Unified Zoning Code (UZC) Section III-
D.7.e. In addition, the accessory apartments shall follow the standards listed under General Provision 5,
which mirror the supplemental use regulations in Section III-D.6.a. Said regulations are listed below:
1. A maximum of one Accessory Apartment may be allowed on the same lot as a Single-Family
Dwelling Unit and may be within the main building, within an accessory building, or constructed
as an accessory building.
2. The appearance of an Accessory Apartment shall be compatible with the main dwelling unit and
with the character of the neighborhood.
3. Accessory Apartment shall remain accessory to and under the same ownership as the principal
single-family dwelling unit, and the ownership shall not be divided or sold as a condominium.
4. The water and sewer service provided to the accessory structure shall not be provided as separate
service from the main dwelling. Electric, gas, telephone and cable television utility service may
be provided as separate utility services.
The PUD text also includes special provisions for home occupations. The types of home occupation that
are permitted in SF-5 remain standard. However, the PUD text permits one non-resident employee per
zoning lot for home occupations. This differs from the standard language for an SF-5 district, which does
not permit any non-resident employees. However, property surrounding this site is zoned RR Rural
Residential and SF-20 Single Family Residential which permit rural home occupations with up to four non-
resident employees.
The intent of the PUD is to permit more employees than permitted in SF-5, but less than SF-20/RR. The
PUD would provide one non-residential employee, which is in line with what would be permitted on lots
that are zoned TF-3. The PUD would be similar to the UZC standards, allowing home occupations to be
conducted out of the primary dwelling, and accessory structure or accessory apartment.
Properties surrounding this location are a mix of low density residential both within the city limits of
Wichita and unincorporated Sedgwick County with one parcel zoned commercially. Property to the north
is zoned RR Rural Residential, and is in use as large lot single family development and agricultural land.
Property to the east is zoned RR, SF-5, and LC Limited Commercial. The RR zoned land is primarily in
agricultural use. The SF-5 and LC zoned property is under common ownership with the LC portion being
used as a RV Campground and the SF-5 portion is unused. Property to the south is a mix of SF-5 and SF-
20 Single Family Residential zoning with large lot single family development. Property to the west is zoned
RR and is in use as agricultural land.
CASE HISTORY: In January 2019, the Pike Addition was recorded with the Register of Deeds. There
are no other zoning cases shown for this property.
ADJACENT ZONING AND LAND USE:
NORTH: RR Single-family residence, agriculture
PUD2020-00012
Metropolitan Area Planning Commission Page 2
SOUTH: SF-5, SF-20 Single family residence
EAST: RR, SF-5, LC Agriculture, undeveloped, RV campground
WEST: RR Agriculture
PUBLIC SERVICES: West Maple is a paved, two lane, arterial street with open ditches. The street
network within the Pike Addition will be made up of paved, two-way local streets with sidewalks along
collector streets. Municipal water and sewer are available on-site, but still need to be extended to the
remainder of the lots within the addition as development occurs.
CONFORMANCE TO PLANS/POLICIES: 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 New Residential. This category is described as
follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses
predominately found in the residential category. The residential category affords a range of options from
single family residential to multi-family units of varying densities.
RECOMMENDATION: Based on the information available at the time of the public hearing, staff
recommends APPROVAL of the application subject to provisions of the Pike Addition PUD #80, and
subject to the following conditions:
1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract
(referenced as PUD #80 Pike Addition Planned Unit Development) has special conditions for
development on the property.
2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted
to the Metropolitan Area Planning Department within 60 days of governing body approval, or the
request shall be considered denied and closed.
This recommendation is based on the following findings based on the Golden Factors:
1. The zoning, uses and character of the neighborhood: Properties surrounding this location are a
mix of low density residential both within the city limits of Wichita and unincorporated Sedgwick
County with one parcel zoned commercially. Property to the north is zoned RR Rural Residential,
and is in use as large lot single family development and agricultural land. Property to the east is
zoned RR, SF-5, and LC Limited Commercial. The RR zoned land is primarily in agricultural use.
The SF-5 and LC zoned property is under common ownership with the LC portion being used as a
RV Campground and the SF-5 portion is unused. Property to the south is a mix of SF-5 and SF-20
Single Family Residential zoning with large lot single family development. Property to the west is
zoned RR and is in use as agricultural land.
2. The suitability of the subject property for the uses to which it has been restricted: The site is
currently zoned SF-5 which permits accessory apartments by conditional use. It also permits home
occupations, but they are restricted to having no non-resident employees.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The
intent of the PUD is to remove the barrier of requiring a conditional use for each lot in order to
construct an accessory apartment. It is unlikely that all subject lots will construct accessory
apartments. In addition, the intent of the PUD is to provide less restrictions on home occupations
without changing the types of home occupations allowed. Again, it is unlikely that each subject lot
will conduct a home occupation. Therefore, the governing text of the PUD should minimize any
negative impacts on surrounding properties.
4. Length of time the property has been vacant as currently zoned: The property was previously
agricultural land and is now beginning development of single family homes.
PUD2020-00012
Metropolitan Area Planning Commission Page 3
5. Relative gain to the public health, safety, and welfare, compared to the loss in value or the
hardship imposed upon the applicant: The proposed changes should create no significant issues
related to the public health, safety or welfare given the governing language of the recommended
PUD text.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: 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 New Residential. This category is described as follows:
“Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses
predominately found in the residential category. The residential category affords a range of options
from single family residential to multi-family units of varying densities.
7. Impact of the proposed development on community facilities: There are no anticipated
significant adverse impacts on community facilities.
8. Opposition or support of neighborhood residents: At the writing of this staff report, Planning
staff have received two phone calls regarding this application. Neither were against the request.
Both were inquires for additional information.
Attachments:
1. Proposed PUD Language submitted by Agent with corrections by MAPD staff
2. PUD Drawing
3. Aerial Map
4. Zoning Map
5. Land use Map
The General Provisions of the Pike Addition PUD #80
1. This development contains a gross area of 154.62 acres, more or less.
2. All lots shall be subject to the property development standards of the "SF-5" Single-Family
Residential zoning district, unless otherwise indicated on the P.U.D. The special “SF-5” District
regulations (Article III-B.5.e) may be permitted. The accessory use development and performance
standards of Article III-D.7.e shall apply.
3. Signs shall be in accordance with the "SF-5" Single-Family Residential zoning district.
4. Uses in Parcel 1 shall be limited to those permitted by-right in the "SF-5" Single-Family Residential
zoning district, with the addition of one accessory apartment per residential lot. Accessory
Apartments shall be subject to the following standards:
a) A maximum of one Accessory Apartment may be allowed on the same lot as a Single-Family
Dwelling Unit and may be within the main building, within an accessory building, or
constructed as an accessory building.
b) The appearance of an Accessory Apartment shall be compatible with the main dwelling unit
and with the character of the neighborhood.
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c) Accessory Apartment shall remain accessory to and under the same ownership as the principal
single-family dwelling unit, and the ownership shall not be divided or sold as a condominium.
d) The water and sewer service provided to the accessory structure shall not be provided as
separate service from the main dwelling. Electric, gas, telephone and cable television utility
service may be provided as separate utility services.
5. The home occupation standards of Article IV-E for the "SF-5" Single-Family Residential zoning
district shall apply, with the following exceptions:
a) A maximum of one non-resident employees may be permitted per zoning lot.
b) A home occupation may be conducted within an accessory structure, garage or accessory
apartment.
6. Amendments, adjustments or interpretations to this P.U.D. shall be done in accordance with the
Unified Zoning Code. The property owner(s) of a platted lot(s) in a parcel may file to amend or
adjust the P.U.D. general provisions as they relate to their lot(s) within the P.U.D. without the
requirement that owners of other lots in the parcel join in the application.
7. The Transfer of title of all or any portion of land included within the Planned Unit Development
(or any amendments thereto) does not constitute a termination of the plan or any portion thereof,
but said plan shall run with the land and be binding upon present owners, their successors and
assigns.
8. The development of this property shall proceed in accordance with the development plan as
recommended for approval by the Planning Commission and approved by the Governing Body,
and any substantial deviation of the plan, as determined by the Zoning Administrator or the Director
of Planning, shall constitute a violation of the building permit authorizing construction of the
proposed development.
9. Any major changes in this development plan shall be submitted to the Planning Commission and
to the Governing Body for their consideration.
10. Prior to publishing the resolution establishing the zone change, the applicant(s) shall record a
document with the Register of Deeds indicating this tract (referenced as P.U.D. #80) includes
special conditions for development on this property.
All hatched Lots (See Drawing) are not owned by the applicant and are not subject to this PUD.
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