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District 5 Advisory Board

Regular Meeting

Wichita, KS · November 1, 2021

AgendaMinutes

Minutes

District 5 Advisory Board Minutes Monday, November 1, 2021 • 6:30 p.m. Attendance Members Present Staff Present Dennis Clary Chief John Eck, Wichita Fire Department Wendy Carter Officer Perkins, Wichita Police Department Rachel Murphy-Thomas Tracie Partridge, Wichita Public Library Jose Gutierrez David McGuire, Park and Recreation Jill Kerschen Department Lamont Anderson Kathy Morgan, MAPD Council Member Bryan Frye Mike Armour, Public Works and Utilities Cory Buchta, Community Services Members Absent Representative, City Manager’s Office Trey Rios Trevor Kurth JV Johnston Nick Penner Brynn Murphy – Youth Member Angela Breer • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business Call to Order: The meeting was called to order by Jose Gutierrez. Approval of November 1, 2021 Agenda: Motion PASSED 6-0-0 Approval of Minutes from October 4, 2021: Motion PASSED 6-0-0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 1. Updates, Issues, and Reports DAB 5 • November 1, 2021 •Minutes• Page 1 Council Member Frye shared information about OP3 and construction projects. Tomorrow will approve emergency budget item from the water main break from a couple of weeks ago. Gave an update for Waste Water Treatment Plant. Mentioned • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda 2. Scheduled Items None 3. Off-Agenda Items Kathy Morgan mentioned information about Girl Scout Open House – the fresh air baby camp. Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports 4. Wichita Fire Department Report Chief John Eck presented: October 2021 in D5, 7 fire alarms, 255 medical, 63 service, 60 other, total of 377 total incidents. Shared which stations made most alarms in D5. Shared which stations responded in county. Gave update on recruit class. Axes vs Cuffs charity boxing event coming up. 5. Wichita Police Department Report Officer Perkins reported: Reported on fire in a basement. Police and fire called in. MABCD issue due to condition of property. Arrested suspect for aggravated arson. Gave update on issue with the residence. Newest Tik Tok challenge “Kick the Door” happened at reflection ridge. Walk up to someone’s house, kick the door end, and run away. Following bathroom challenge. Second Chance Thrusday – not doing one in November. Doing it on December 9th at Koch Arena, 10am to 6pm. Provided Christmas Shopping tip flier. DAB 5 • November 1, 2021 •Minutes• Page 2 Provided email address (Wperkins@wichita.gov) asked for names of kids who might benefit from Christmas lists. Union Rescue Mission giving away 100 Thanksgiving meals. Asked for names of people who might benefit. Veterans Day Parade this Saturday. Provided info and details. Q (CM Frye): What’s the charge for the kick the door in challenge? A: Vandalism. If they steal something, it would be a burglary or aggravated burglary. Probably a misdemeanor, unless it’s a fancy door, then it could be a felony. Q (DAB): What about trespassing? A: If they go in, yeah. C (CM Frye): Yeah it happened in my neighborhood the other week. Really scared the family. It’s crazy this is a trend. 6. Park and Recreation Department Report David McGuire reported: All contracted mowing has ended. Winter trash pickup on Kellogg through winter months and in old town once a week. All splash pads and free standing restrooms have shut down. Swanson Park Bridge in design. Hoping to have something soon. Mayor’s Tree Lighting December 11 at Naftzger Park. Santa will be there. Fall classes in full swing. Winter classes start in January. New Evolve magazine comes out December 3rd. Rec centers will offer holiday camps for Christmas break. Whole website has been update with google translate. Watson Park Christmas express every Friday Saturday and Sunday in December. Fills up fast. Illuminations at Botanica will be starting. Had over 2,000 carved pumpkins there at Halloween. Almost 4,000 people one night. Jumping into Christmas. 7. Wichita Public Library Report Tracie Partridge reported: The Children’s STEAM Learning Garden at the Advanced Learning Library is now open. This space features interactive play stations that promote learning skills related to science, technology, engineering, art and mathematics. The creation of this space celebrates the importance of play in early child development. When at play, children learn about their world, acquire skills necessary for critical thinking, discover how to problem solve and develop self-confidence. This garden represents the first opportunity for parents to combine an outdoor play-destination with early literacy tools at the Library. The project was funded through generous donations from Spirit Aerosystems and Georgia and Keith Stevens through the Wichita Public Library Foundation. The Library has received ARPA funding from the FCC to create 250 internet bundles into circulation for customers to borrow. These internet bundles will include a hotspot, unlimited data and a Chromebook 3100. Staff is working on the policies and procedures for these bundles, as well as a robust marketing and communications plan to spread the world. We are hoping to begin circulating internet bundles this month. November is Kansas Reads to Preschoolers month, a program that creates young readers through early learning activities and sharing a common book. The month-long program promotes reading to Kansas DAB 5 • November 1, 2021 • Minutes • Page 3 children from birth to age five. This year’s book is Grumpy Bird by Jeremy Tankard. The State Library of Kansas selected Wichita Public Library to record virtual story times in English, Spanish and American Sign Language. These videos, along with other online activities, can be found at wichitalibrary.org/prek. Reading is an important component of early childhood development. Children gain empathy and a deep understanding about their world, and also learn about people, places and events. It also helps caregivers and educators create trusting bonds with children. The Rockwell and Westlink Branch Libraries made curbside service permanent. When customers visit either of these locations during open hours, they can park in one of the designated spots and text the branch at the provided number. Software will collect the necessary information before notifying the branch that a customer is waiting to be served. Staff will gather the customer’s items, check them out, and deliver them to their vehicle, placing them in their preferred spot in their vehicle. As a reminder: Wichita Public Library locations will be closed Thursday, November 11, Thursday, November 25, and Friday, November 26. All locations will close at 5 p.m. Wednesday, November 24. 8. Public Works and Utilities Report Mike Armour reported: 13th street laying sod. Concrete work done, signal work still to do. Estimated completion by thanksgiving. 13 th street in front of NW HS complete. OP3 work. Asphalt related work done. Microsurface complete. Crack seal 135th 13th and a mile south. In progress. Maize Road to Maple and in progress. Aquatics Phase 1A1B and 2 done for a while. Phase 3 bidding mid November and will be to City Council after that. Should be completed for 2022 season. Bath houses will do design build process. Nothing else new in DAB 5. C (DAB): Look like foundation work for signal at zoo and hoover started last week. A: It should be progressing. C (CM Frye): Lights are in from what I understand. A: There was one piece of equipment we were waiting on. We happened to have one in stock from another project. Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 9. CUP2021-00052 Kathy Morgan, MAPD, presented an application on behalf of Michel G Khoury (owner) / Pedro Guevara (agent/restauranteur). The applicant is requesting an amendment to the West Center Community Unit Plan, CUP DP-19 to add Night Club in the City as a permitted use on Parcel 1-A. The property is zoned LC Limited Commercial and located on the east side of North Tyler Road, one-block south of West Central Avenue (602 North Tyler Road). The building is occupied by Puerto Vallarta Mexican Restaurant. DAB 5 • November 1, 2021 • Minutes • Page 4 The restaurant serves alcohol and would like to provide entertainment, such as live music. Therefore, by definition, this is considered a Nightclub in the City, by the Unified Zoning Code (UZC). Has already been presented to MAPC. It was passed. A couple of cases similar to this recently. We made recommendations to limit the night club in the city to be associated with restaurant use and may not have outdoor functions. Hours can get tricky. Staff recommended hours be until 11pm Sun-Thur and 2am Fri- Sat. Applicant did request extend hours to 2am on Thursday. This is an amendment to DP-19 because of the night club in the city. Showed the maps (included in the staff report). Q (DAB): Comments from the neighboring business? A: Haven’t received any. Q (CM Frye): I need to know if you agree with the amendment for the extended hours? Q (DAB): What are the current hours, until 11? A: Yes. C (DAB): I just don’t see them needing to do this. But might as well let them have a chance. Action Taken: Motion to recommend APPROVAL with amendment for extended hours (until 2am Thursdays-Saturdays) made by Denis Clary. Seconded by Lamont Anderson. PASSED 6-0-0 10. CUP2021-00053 Kathy Morgan, MAPD, presented an application on behalf of NewMarket V, LLC (Applicants)/ Neptune Design Studio, LLC (Agent). The applicant is requesting an amendment to the New Market V Community Unit Plan CUP DP-278 to permit a carwash on Parcel B-1. The property is zoned LC Limited Commercial, and is generally located on the southwest corner of North Maize Road and West 29th Street North. The site is currently undeveloped. Q (DAB): They have to maintain that tree row? Q: Is the tree row on their property? A: I’m not sure, but if something happens to that tree row, they are responsible for that screen wall. We have not had any calls or emails about this. Goes to MAPC Thursday. Q ( DAB): Similar to the one on 21st and Maize? Certain hours of operation? A: Doesn’t say. They have to have people there to run you through so they would have to have certain hours of operation. Q (DAB): What residential neighborhood is it close to? A: There aren’t any houses there now. Just zoned that way. Q (DAB): They still have to put a tree row there? A: The tree row is already there. But if anything happens to it, they have to put a screening wall there. C (DAB): So even if they were open 24 hours there’s no one ever there. Action Taken: Motion to recommend APPROVAL made by Lamont Anderson. Seconded by Rachel Thomas-Murphy. PASSED 6-0-0 DAB 5 • November 1, 2021 • Minutes • Page 5 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The meeting was adjourned at 7:18 p.m. The next District 5 Advisory Board meeting will be held at 6:30 p.m. on Monday, December 6, 2021. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Guests Russel Fox Allen Kailer • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Respectfully submitted, Cory Buchta, Community Services Representative, District 5 DAB 5 • November 1, 2021 • Minutes • Page 6

Agenda

District 5 Advisory Board Agenda Monday, November 1, 2021 • 6:30 p.m. In-person and Virtual • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Virtual Meeting Access Information The November DAB meeting will be held in-person with the option to join 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. Those wishing to attend in-person can go to Fire Station #21 at 2110 N. 135th St. W., Wichita, KS 67235. 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. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 5 • November 1, 2021 • Agenda • Page 1 Order of Business  Call to Order  Approval of Agenda for November 1, 2021  Approval of Minutes for October 4, 2021 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 • November 1, 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 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 9. CUP2021-00052 Metropolitan Area Planning Department staff will present an application on behalf of Michel G Khoury (owner) / Pedro Guevara (agent/restauranteur). The applicant is requesting an amendment to the West Center Community Unit Plan, CUP DP-19 to add Night Club in the City as a permitted use on Parcel 1-A. The property is zoned LC Limited Commercial and located on the east side of North Tyler Road, one- block south of West Central Avenue (602 North Tyler Road). The building is occupied by Puerto Vallarta Mexican Restaurant. The restaurant serves alcohol and would like to provide entertainment, such as live music. Therefore, by definition, this is considered a Nightclub in the City, by the Unified Zoning Code (UZC). Recommended Action: Based upon the information available at the time the report was prepared, staff recommends the amendment to CUP DP-19 be APPROVED subject to the development guidelines of the amended CUP and the following conditions: 1. The amendment shall apply only to Parcel 1-A. 2. Nightclub in the City expanded uses shall apply only to those ancillary uses associated with the existing restaurant. 3. Nightclub in the City shall adhere supplemental use regulations in Section III-D.6.w of the Unified Zoning Code. 4. The hours of operation of the establishment shall be limited to 11:00pm Sunday through Thursday and 2:00am Friday and Saturday. 5. Outdoor entertainment is prohibited except for within the confines of the attached patio. 6. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 7. The applicant shall submit four revised copies of the CUP and one electronic copy of the revised CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. 10. CUP2021-00053 Metropolitan Area Planning Department staff will present an application on behalf of NewMarket V, LLC (Applicants)/ Neptune Design Studio, LLC (Agent). The applicant is requesting an amendment to the New Market V Community Unit Plan CUP DP-278 to permit a carwash on Parcel B-1. The property is zoned LC Limited Commercial, and is generally located on the southwest corner of North Maize Road and West 29th Street North. The site is currently undeveloped. 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 the following conditions: 1. The amendment shall apply only to Parcel B-1. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. DAB 5 • November 1, 2021 • Agenda • Page 3 2. The applicant shall submit a landscape plan to the Planning Department for review and approval prior to the issuance of building permits. 3. The applicant shall submit four revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The next District 5 Advisory Board meeting will be held at 6:30 p.m. on Monday, December 6, 2021. DAB 5 • November 1, 2021 • Agenda • Page 4 AGENDA ITEM NO. 4.6 STAFF REPORT MAPC: October 21, 2021 DAB V: November 1, 2021 CASE NUMBER: CUP2020-00052 (City) APPLICANT/AGENT: Michel G Khoury (owner) / Pedro Guevara (agent/ restaurateur) REQUEST: Amendment #4 to CUP DP-19 CURRENT ZONING: LC Limited Commercial SITE SIZE: 1.4 acres LOCATION: On the east side of North Tyler Road, one block south of West Central Avenue (602 N Tyler Road). PROPOSED USE: To add Night Club in the City as a permitted use for Parcel 1-A CUP2021-00052 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting an amendment to the West Center Community Unit Plan, CUP DP-19 to add Night Club in the City as a permitted use on Parcel 1-A. The property is zoned LC Limited Commercial and located on the east side of North Tyler Road, one-block south of West Central Avenue (602 North Tyler Road). The building is occupied by Puerto Vallarta Mexican Restaurant. The restaurant serves alcohol and would like to provide entertainment, such as live music. Therefore, by definition, this is considered a Nightclub in the City, by the Unified Zoning Code (UZC). If this property was not located in the CUP, the applicant would be required to apply for a conditional use permit for the requested use. The Section III-D.6.w of the Unified Zoning Code requires a conditional use for Night club in the City when it is within 300 feet of a church or place of worship; public park; public or parochial school; or residential zoning district. An SF-5 Single-Family zoned property is located southwest of the subject site. An amendment to the CUP acts in lieu of a conditional use because the public hearing process is the same. Property to the north and east is zoned LC Limited Commercial, within the same CUP DP-19, and is developed commercial uses including a fast food restaurant, banks, and retail uses. Property to the south is zoned LC and is developed with a self-storage warehouse. Property to the west, across North Tyler, is zoned LC and is developed with a large retail commercial shopping center. The applicant is requesting the following amendment to CUP DP-19 indicated by bold font: Parcel 1-A: Total Net Area: 87,996 Square Feet Maximum Land Covered by Building: 30 percent - 26,399 Square Feet Maximum Gross Floor Area: 45 percent – 39,598 Square Feet Maximum Building Height: 40 Feet Parking Ration per Zoning Requirements Building Setbacks are shown on Plan Proposed Uses: Retail Sales, General and Professional Offices, Restaurants, Personal Services, and Similar Uses. Nightclub in the City, subject to conditions, per CUP2021-00052. CASE HISTORY: In 1966, the original DP-19 was approved by City Council and the property was originally platted as part of the West Center Addition. In 1986, the property was replatted as part of the Hattrup Addition. ADJACENT ZONING AND LAND USE: North: LC with CUP DP-19 Fast food restaurant South: LC Warehouse self-storage West: LC with CUP DP-19 Retail uses East: LC Retail uses PUBLIC SERVICES: All municipal services are in place and can accommodate the required services to the site. The site has direct access to North Tyler Road, a paved, five-lane arterial street with sidewalks on both sides. The site also has cross-lot access to North Robin Road, a paved, two-way local street with no sidewalks. North Robin provides access from West Central Avenue and North Tyler Road to the subject CUP in addition to the multi-family residential develop to the east. Wichita Transit has bust stop on West Central Avenue within one-quarter mile to the north. CUP2021-00052 Metropolitan Area Planning Commission Page 2 CONFORMANCE TO PLANS/POLICIES: The proposed application is in conformance to the Community Investments 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.” This category is described as follows: “Encompasses areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. Convenience retail, restaurants, small offices, and personal service uses are located in close proximity to, and potentially mixed with residential uses. Major destination areas (centers and corridors) containing concentrations of commercial and office uses that have regional market areas and generate high volumes of traffic are located in close proximity to major arterials or highways and typically are buffered from lower density residential areas by higher density housing types.” RECOMMENDATION: Based upon the information available at the time the report was prepared, staff recommends the amendment to CUP DP-19 be APPROVED subject to the development guidelines of the amended CUP and the following conditions: 1. The amendment shall apply only to Parcel 1-A. 2. Nightclub in the City expanded uses shall apply only to those ancillary uses associated with the existing restaurant. 3. Nightclub in the City shall adhere supplemental use regulations in Section III-D.6.w of the Unified Zoning Code. 4. The hours of operation of the establishment shall be limited to 11:00pm Sunday through Thursday and 2:00am Friday and Saturday. 5. Outdoor entertainment is prohibited except for within the confines of the attached patio. 6. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 7. The applicant shall submit four revised copies of the CUP and one electronic copy of the revised CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Property to the north and east is zoned LC Limited Commercial, within the same CUP DP-19, and is developed commercial uses including a fast food restaurant, banks, and retail uses. Property to the south is zoned LC and is developed with a self-storage warehouse. Property to the west, across North Tyler, is zoned LC and is developed with a large retail commercial shopping center. 2. The suitability of the subject property for the uses to which it has been restricted: The CUP is located at a major arterial intersection and is appropriately zoned “LC” Limited Commercial. The additional use at this site is suitable with the governing language of the CUP. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed CUP amendment should not detrimentally impact nearby property owners to any greater extent than allowed in LC Limited Commercial zoning and uses existing in the area. 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 represents a gain to the public in that it contributes to support economic opportunity in the area. Approval of this application is not anticipated to have a significant detrimental impact to public health, safety, or welfare. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed application is in conformance to the Community Investments Plan. The CUP2021-00052 Metropolitan Area Planning Commission Page 3 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.” This category is described as follows: “Encompasses areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. Convenience retail, restaurants, small offices, and personal service uses are located in close proximity to, and potentially mixed with residential uses. Major destination areas (centers and corridors) containing concentrations of commercial and office uses that have regional market areas and generate high volumes of traffic are located in close proximity to major arterials or highways and typically are buffered from lower density residential areas by higher density housing types.” 6. Impact of the proposed development on community facilities: The proposed use should have not negative impacts on community facilities. Attachments: 1. Recommended CUP amendment language 2. CUP DP-19 Drawing 3. Aerial Map 4. Zoning Map 5. Land Use Map 6. Site Photos CUP2021-00052 Metropolitan Area Planning Commission Page 4 Planning Staff Recommended Amended Language to CUP DP-19 Parcel 1-A: Total Net Area: 87,996 Square Feet Maximum Land Covered by Building: 30 percent - 26,399 Square Feet Maximum Gross Floor Area: 45 percent – 39,598 Square Feet Maximum Building Height: 40 Feet Parking Ration per Zoning Requirements Building Setbacks are shown on Plan Proposed Uses: Retail Sales, General and Professional Offices, Restaurants, Personal Services, and Similar Uses. Nightclub in the City, shall be accessory to a restaurant use and subject to supplemental use regulations in Section III-D.6.w of the Unified Zoning Code. CUP2021-00052 Metropolitan Area Planning Commission Page 5 CUP2021-00052 Metropolitan Area Planning Commission Page 6 CUP2021-00052 Metropolitan Area Planning Commission Page 7 CUP2021-00052 Metropolitan Area Planning Commission Page 8 CUP2021-00052 Metropolitan Area Planning Commission Page 9 Looking east at site Looking east away from site Looking north away from site Looking southeast away from site CUP2021-00052 Metropolitan Area Planning Commission Page 10 Looking northwest away from site Looking southwest away from site Looking west away from site CUP2021-00052 Metropolitan Area Planning Commission Page 11 AGENDA ITEM NO. STAFF REPORT MAPC: November 4, 2021 DAB V: November 1, 2021 CASE NUMBER: CUP2021-00053 (City) APPLICANT/AGENT: NewMarket V, LLC (Applicants)/ Neptune Design Studio, LLC (Agent) REQUEST: Amendment to Community Unit Plan DP-278 CURRENT ZONING: LC Limited Commercial SITE SIZE: 1.21 acres LOCATION: Generally located on the southwest corner of West 29th Street North and North Maize Road. PROPOSED USE: Carwash within 200 feet of Residential Zoning Metropolitan Area Planning Commission Page 1 CUP2021-00053 BACKGROUND: The applicant is requesting an amendment to the New Market V Community Unit Plan CUP DP-278 to permit a carwash on Parcel B-1. The property is zoned LC Limited Commercial, and is generally located on the southwest corner of North Maize Road and West 29th Street North. The site is currently undeveloped. If the subject property was not in a CUP, the applicant would have had to submit a Conditional Use application to permit the use because the Supplementary Use Regulations in Section III-D.6.f of the Unified Zoning Code require a Conditional Use if the site is located within 200 feet of a residential zoning district. The subject site is adjacent to SF-5 Single-Family Residential zoned property, which is located to the west and north of the subject site Amending the CUP can be done in lieu of a Conditional Use, as the public hearing process is the same. The Supplementary Use Regulations also contain regulations regarding setbacks, fencing, paving, lighting, signs, noise, circulation, parking, drainage, and maintenance. Attached is the full list of regulations for carwashes set forth in Section III-D.6.f. In addition to the governing language of the supplementary use regulations regarding noise, the Wichita Municipal Code Section 7.41 governs noise levels of commercial uses. From 8:00 a.m. to 10:00 p.m., the maximum decibel level cannot exceed 60dBs. From 10:00p.m. to 8:00 a.m., the maximum decibel level cannot exceed 55dBs. If this application is approved, each of the items will be reviewed for compliance prior to the issuance of building permits. The site plan shows the carwash oriented north/south on the site. There is one access point off of West 29th Street and two additional access points via cross lot access across Parcel B-2 to the full-movement driveway to Maize Road from Parcel C. The property abuts two arterial streets, which requires certain landscaping standards per the Wichita Landscape Ordinance. It also abuts residential zoning on the west side, which requires a solid screening wall and a landscape buffer. However, General Provision 17 of the CUP only requires the construction of a screening wall on the west side if the existing tree row is removed. Staff recommends that the existing tree row be found to meet the required landscaped buffer standards set forth in the Wichita Landscape Ordinance. The tree row shall be maintained, and if replacement, it is required to meet the City’s landscaped buffer standard. A landscape plan shall be submitted to the Planning Department for review and approval. The character of the surrounding area is commercial—retail stores, restaurants and other commercial uses— and SF-5 Single-Family zoning. Property to the north is zoned SF-5 Single-Family Residential and is undeveloped. Property to the south is zoned LC (within the same CUP) and is developed with restaurants and retail uses. Property to the east is zoned LC (CUP DP-336) and is developed with big box retail and a service station. Property to the west is zoned SF-5 and is undeveloped/agricultural land with a single family residence located on the southwest corner of the property approximately 1,300 feet away from the subject site. CASE HISTORY: In 2004, the property was rezoned (ZON2004-00040 with CUP2004-00036) from SF-5 to LC Limited Commercial and created the New Market V CUP DP-278. In 2008 the property was platted as part of the Newmarket V Addition. ADJACENT ZONING AND LAND USE: NORTH: SF-5 Undeveloped SOUTH: LC Restaurants and retail (CUP DP-278) EAST: LC Bix box retail and service station (CUP DP-336) WEST: SF-5 Single-family residence and agricultural land. PUBLIC SERVICES: North Maize Road is a paved, five-lane arterial with a ten-foot shared-use path on the east side and a sidewalk on the west side. West 29th Street North is a paved, five-lane arterial with sidewalks on both sides. . Municipal water and sewer are available on-site. The nearest Wichita Transit bus stop is on Central Metropolitan Area Planning Commission Page 2 CUP2021-00053 Park Street within one-half mile south of the subject site. CONFORMANCE TO PLANS/POLICIES: The requested amendment is in conformance with the Comprehensive Plan. The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “New Residential/Employment Mix” development. This designation allows for a wide array of commercial and residential uses. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor. Due to the proximity of higher intensity business uses, residential housing types within this area likely will be higher density. 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 amendment shall apply only to Parcel B-1. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 2. The applicant shall submit a landscape plan to the Planning Department for review and approval prior to the issuance of building permits. 3. The applicant shall submit four revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. The recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The character of the surrounding area is commercial—retail stores, fast-food restaurants and other commercial uses— and SF-5 Single-Family zoning. Property to the north is zoned SF-5 Single-Family Residential and is undeveloped. Property to the south is zoned LC (within the same CUP) and is developed with restaurants and retail uses. Property to the east is zoned LC (CUP DP-336) and is developed with big box retail and a service station. Property to the west is zoned SF-5 and is undeveloped/agricultural land with a single family residence located on the southwest corner of the property approximately 1,300 feet away from the subject site. Though the property is adjacent to residential zoning, the residence is a significant distance from the property line. It is also undetermined if the remainder of the property will develop residentially in the future. Therefore, Planning staff sees this site as appropriate for a car wash use. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LC with CUP DP-278 which contains provisions to guide development on this property. The site could be developed commercially within the guidelines of the Community Unit Plan. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The provisions in the Community Unit Plan, in addition to the supplementary use regulations set forth in Section III-D.6.f should minimize and mitigate any potential negative impacts the car wash use may have on the site. 4. Length of time the subject property has remained vacant as zoned: The site has never been developed as it is currently zoned. 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 of the request will allow development of the property for a neighborhood serving carwash use. Denial would presumably represent a loss of economic opportunity to the applicant and/or land owner. Metropolitan Area Planning Commission Page 3 CUP2021-00053 6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested amendment is in conformance with the Comprehensive Plan. The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “New Residential/Employment Mix” development. This designation allows for a wide array of commercial and residential uses. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor. Due to the proximity of higher intensity business uses, residential housing types within this area likely will be higher density. 7. Impact of the proposed development on community facilities: Negative impacts are not anticipated. Attachments: 1. Supplementary Use Regulations, Section III-D.6.f 2. Recommended CUP DP-278 Language for General Provision 3: Permitted Uses 3. CUP DP-278 Drawing 4. Site Plan 5. Building Rendering 6. Aerial Map 7. Zoning Map 8. Land Use Map 9. Site Photos Metropolitan Area Planning Commission Page 4 CUP2021-00053 SUPPLEMENTARY USE REGULATION SECTION III-D.6.f f. Car Wash. The following standards shall apply to Car Wash facilities in all zoning Districts, whether the Car Wash facilities are Principal Uses or Accessory Uses: (1) Conditional Use when near residential zoning. Although listed as permitted Uses in some zoning Districts, Car Washes shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 200 feet of residential zoning Districts. This distance shall be measured from the nearest Lot Line of a zoning Lot with residential zoning to the nearest Lot Line of the zoning Lot containing the Car Wash. (2) Setbacks from major Streets. All Buildings shall be set back at least 35 feet from all arterials, expressways or freeways. (3) Setbacks from other Streets. For all Streets other than arterial Streets, expressways or freeways, the minimum Street Setback shall be the lesser of the following: (a) 20 feet from the Street Right-of-Way Line; (b) the Setback described on the recorded subdivision plat; or (c) the average Setback calculated pursuant to Sec. III-E.2.e(5)(b). (4) Setbacks from residential. All Structures shall be set back at least 60 feet (excluding any Street, Alley or intervening public way) from the Lot Line of any Lot located within a residential zoning District. This Setback shall not apply where the Abutting property is being used for a nonresidential Use permitted by-right in the Underlying District or where the Governing Body has formally adopted a policy of looking with favor on the establishment of LC or higher intensity zoning for the Contiguous area. (5) Fences. A Fence with a minimum height of six feet shall be provided along the interior side and rear property line, when Adjacent to a Dwelling Unit, to protect the Dwelling Unit from light and noise and eliminate blowing debris, and to protect Adjacent property values. Whenever a Fence shall be located in the required Front Setback, such Fence shall not be higher than three feet. The Fence shall be constructed of masonry, concrete, wood or other similar materials. (6) Paving. All of the area to be utilized by the washing and drying operations, including all ingress and egress areas, shall be paved with concrete, asphalt or asphaltic concrete or similar hard surfacing material. (7) Lighting. The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string- type lighting shall be permitted. (8) Signs. Signs are limited to those permitted in the Underlying District. (9) Noise. The noise levels shall be in compliance with the noise standards of Sec. IV-C.6 (10) Circulation plan. A plot plan showing points of ingress and egress, width of driveways, off-street Parking and holding spaces and interior traffic circulation shall be submitted to the County Engineer for the County or the Traffic Engineer for the City for approval prior to the filing of the application. There shall be no ingress or egress from unpaved public ways. (11) Parking. All Parking Areas shall have adequate guards to prevent the extension or overhanging of Vehicles beyond property lines or Parking Spaces. Metropolitan Area Planning Commission Page 5 CUP2021-00053 (12) Street access. There shall be no ingress or egress from minor or residential Streets having 60 feet of right-of-way or less, unless there are two free-moving lanes at all times. (Example: A 30-foot paved Street with Parking permitted on one side would provide two free-moving lanes.) (13) Drainage. All drainage, both natural and that created by the operation, shall be handled in a manner satisfactory to the Department of Public Works. (14) Maintenance. The area shall be properly policed through inspections by the owner or operator for proper maintenance and removal of trash. __________________________________________________________________________________________ Recommended Language for CUP DP-278 General Provision 3: Permitted Uses Permitted uses: The following uses are permitted for Parcels A, B, and C: all uses permitted in the L.C. zoning district except for Correctional Placement Residences; Vehicle Storage yards; General Vehicle Repair; Outdoor Storage; Pawn Shops; Taverns, Nightclubs; Asphalt or Concrete Plants; Sexually Oriented Businesses and Adult Entertainment as defined by City Code. Any use for which a Conditional Use Permit would be required under L.C. Zoning shall require a C.U.P. Amendment. Carwash shall be a permitted use on Parcel B-1 only and is subject to supplementary use regulations in Section III-D.6.f Metropolitan Area Planning Commission Page 6 CUP2021-00053 Metropolitan Area Planning Commission Page 7 CUP2021-00053 Metropolitan Area Planning Commission Page 8 CUP2021-00053 Metropolitan Area Planning Commission Page 9 CUP2021-00053 Metropolitan Area Planning Commission Page 10 CUP2021-00053 Metropolitan Area Planning Commission Page 11 CUP2021-00053 Metropolitan Area Planning Commission Page 12 CUP2021-00053 Looking northwest at site Looking southwest away from site Looking north away from site Looking southeast at site Metropolitan Area Planning Commission Page 13 CUP2021-00053 Looking east away from site Looking south Looking northeast away from site Metropolitan Area Planning Commission Page 14 CUP2021-00053
District 5 Advisory Board — Wichita, KS