District 5 Advisory Board

District 5 Advisory Board Agenda Wednesday, July 6, 2022 • 6:30 p.m. In-person and Virtual • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Virtual Meeting Access Information The July 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 • July 6, 2022 • Agenda • Page 1  Order of Business  Call to Order  Approval of Agenda for July 6, 2022  Approval of Minutes for June 6, 2022 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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. DAB 5 • July 6, 2022 • Agenda • Page 2 7. Wichita Public Library Report Tracie Partridge, Westlink Branch Senior Librarian, will report on events and programs at the Westlink Branch Library. Recommended Action: Receive and file all Staff Reports • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 8. Northwest Water Treatment Facility and Trees Public Works and Utilities Department Staff will present information regarding the impact of the Northwest Water Treatment Facility construction and trees in the vicinity. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The next District 5 Advisory Board meeting will be held at 6:30 p.m. on Monday, August 1, 2022. DAB 5 • July 6, 2022 • Agenda • Page 3  District 5 Advisory Board Minutes Monday, June 6, 2022 • 6:30 p.m. Attendance Members Present Staff Present Sierra Scott Chief John Eck, Wichita Fire Department Dennis Clary Officer Williams, Wichita Police Department Wendy Carter Tracie Partridge, Wichita Public Library JV Johnston David McGuire, Park and Recreation Rachel Murphy-Thomas Bill Perkins, Public Works & Utilities Trevor Kurth Philip Zevenbergen, MAPD Trey Rios Mark Manning, Finance Jose Gutierrez Zach Kramka, Finance Ashlyn Edmisten Cory Buchta, Community Services Lamont Anderson Representative, City Manager’s Office Nick Penner Brynn Murphy – Youth Member Council Member Bryan Frye Members Absent • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business Call to Order: The meeting was called to order by Trevor Kurth. Approval of June 6, 2022 Agenda: Motion PASSED 8-0-0 Approval of Minutes from May 2, 2022: Motion PASSED 8-0-0 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 1. Updates, Issues, and Reports Had two budget retreats for budget and CIP. First two years look good, outlying years look tougher. DAB 5 • June 6, 2022 •Minutes• Page 1  Still looking for Assistant City Manager. Looking got a Police Chief. Chief Moore is interim. Hired a firm to conduct a nationwide search. Just hired a new division director for golf. Will start late June. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Public Agenda 2. Scheduled Items None 3. Off-Agenda Items None Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Staff Reports 4. Wichita Fire Department Report Chief John Eck reported: 234 total incidents. 2 were fire alarms. 141 medical calls. Fire on North Ridge Road. Significant fire. 3600 block. Owned by real estate LLC. Electrical problems in the roof. Fully involved. Collapse. $1 million in structure $500k to contents. Very unusual. Fire started in attic and there were no sprinklers in there. Burned for a long time before anyone noticed. Graduated academy. Will start 18 more on Monday. Always looking for new employees. High turnover right now. Good career. Hydrant inspections over the summer. Will check every single hydrant in Wichita. 5. Wichita Police Department Report Officer Williams reported: Break-ins at Central and 199th. 3 cars broken into and a firearm was taken. Second Chance Thursday July 7th at old SE High School. Central and West behind old Tillies. Homelessness situation and trash dumped. CPO cleaned up whole area. Worked with businesses to get it cleaned up. Working with a fence company to get area fortified. 911 call this month, vehicle reported with machine gun sounds. PSA - don’t drive in water. A lot of cars stuck and stalled. Q (DAB): 119th and Central there was a shootout. When I dropped my kids off in the morning, what is the protocol for schools in the area? Why wasn’t school cancelled or delayed? A: It’s really up to the school. DAB 5 • June 6, 2022 •Minutes• Page 2  A (CM Frye): I know that was prolonged and it went several hours. Very dangerous. I’ll follow up also and get you an answer. 6. Park and Recreation Department Report David McGuire reported: Rough start to summer with weather. Had some vandalism. Will have a better week this week. Shared Evolve magazine with you. Pickle ball discussion: Don’t have anything out west. Discussed perhaps converting tennis courts to pickle ball courts at Buffalo Park. Reach out to City Park and Rec website or reach out to David McGuire. Building Pickle-plex at South Lakes. Q (DAB): A lot of space at Sedgwick County Park. Considered that? A: County property and not City. They would have to make that investment. Pickle court from ground up something like $70k without lights. A: We could reach out to them and ask them. A: We’re also sensitive to the free market. Just like Chicken and Pickle out west, there’s a market for that out west. dmcguire@wichita.gov 7. Wichita Public Library Report Tracie Partridge reported: Summer Reading Program Registration started for the Wichita Public Library’s summer reading programs last week. As of June 6th, the Library has 3,108 children and teens signed up for the programs; 1,207 from Westlink. There are three programs, each for a different age range: Early Literacy Bingo for birth through age two, Kids Read for ages 3-11, and Teens Read for ages 12-18. With Early Literacy Bingo, a caregiver completes five early literacy activities on the bingo sheet either in a line or diagonally with the child. Once bingo is achieved, the child receives their prizes: a board book, a toy, and an ice cream coupon. With Kids Read and Teens Read, participants read 20 minutes a day for ten days and receive a prize. Prizes are awarded at the 10 day, 20 day, and 30 day marks. The 40 day mark is a chance to win an Amazon gift card. Ten Kids Read participants will each win a $50 one while five Teens Read participants will each win a $100 one. For full prize details, please visit www.wichitalibrary.org/summerreading. The last day to participate in the summer reading programs is July 28th. 1,000 Books Before Kindergarten Have a child age 6 or under who hasn’t started Kindergarten, consider registering them for 1,000 Books Before Kindergarten. Besides stimulating brain development and strengthening relationships between the child and the reader, the child will receive prizes throughout the program including a book bag to carry their books to and from the Library after completing just 100 books. Additional prizes will be given at the DAB 5 • June 6, 2022 • Minutes • Page 3  300, 500, 700, and 1,000 marks. Books can be library books or ones from home. If a book is read multiple times, it counts each time. For complete details, please visit www.wichitalibrary.org/1000books. Borrowing e-books, audiobooks and digital magazines through Libby The Wichita Public Library is not confined to its physical collections, which is helpful for individuals travelling this summer. Individuals with Wichita Public Library cards and devices, such as smart phones and tablets, can have access to over 26,000 e-books; 3,000 audiobooks; and 4,000 digital magazine issues via the Libby app. All materials check out for up to 21 days. A customer can renew them provided that no one has them on hold. A customer can check out up to eight e-books and audiobooks combined. There are no limits on magazines. Highlighted June Events at Westlink Family Storytime Tuesdays through July 19th from 10:30 to 11 at the Westlink Branch Share a love of stories and learning with children in these storytime sessions aimed at engaging the broad range of developmental stages between ages 0-6. Grounded Quidditch Friday, June 10 from 10:30 to 11:15 at the Westlink Branch Join a team from Hogwarts School of Witchcraft and Wizardry and play Quidditch! We'll play muggle-style with non-magical equipment, a smaller field, and without wands. Please wear clothing for active, outdoor play. For ages 9-17. We’re Off to See the Wizard! Thursday, June 30 from 2:30-3:30 at the Westlink Branch Music Theatre Wichita is presenting The Wizard Oz in July at Century II and a special guest character from the show will read a story and pose with children for photos inside. Outside of the building, families may build a yellow brick road, defeat the Wicked Witch of the West, and more. For children ages 5-11 and their families. For a complete event listing, please visit www.wichitalibrary.org/Events. C (DAB): My mother uses your library weekly and she loves it. Said it’s easy to use. Action Taken: Received and filed. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 8. Preliminary Budget Overview: 2023-2024 Operating Budget and 2023-2032 Capital Improvement Program Finance Director Mark Manning and Budget Analyst Zach Kramka presented information about the Budget Simulator and the proposed 2023-2024 Operating Budget and 2023-2032 Capital Improvement Program. DAB 5 • June 6, 2022 • Minutes • Page 4  Explained difference between CIP and Operating Budget. CIP is about $2 billion. Focused just on the portion financed with property taxes. Around $300 million over 10 years. Construction inflation is a major challenge in the current CIP. We always have more requests than we have funding for. We try to squeeze in as much as we can. A lot of unpaved streets in Wichita. What should policy be on paving dirt streets? Staff has developed two proposals. Slight reductions in increase in street maintenance funding. Shifting to Operating Budget Day to day things. 75% of budget is personnel. $260 million annual budget. In really good shape for next three years. Balanced. Using federal funds to be balanced. Around 25 or 26, federal funding goes away and there will be challenges. We are not finished developing the budget. Constantly revise forecast. Will get a metric in a few weeks that might improve things. ARPA is about $73 million dollars. A lot of it programmed for one time things. Trying to use it most sustainably. Community Engagement. June is budget engagement month. Community meetings, DABs, Neighborhood Associations, Social Media Town Hall on Thursday evening. Topic on Forum. Zach walked everyone through a demonstration on the Budget Simulator and gave out cards with the website. Budget Calendar – July 12th presentation of proposed budget. Simulator open to June 30. Q (DAB): How many years have you used the budget simulator? A: Since 2018 or 2017. Q (DAB): Historical example of when data was used? A: Last year we used community engagement on how to use ARPA funds. Q (DAB): What’s the average number of respondents? A: Depends on the channel. Social media historically has been the biggest. A: We had a lot during defund police movement a few years ago. Action Taken: Receive and file. 9. Biological Nutrient Removal (BNR) Project Update Bill Perkins, Public Works & Utilities, presented information on the Biological Nutrient Removal project. Explained funding and timeline for the project. Explained design phase engineering services and the design engineering steps. DAB 5 • June 6, 2022 • Minutes • Page 5  Explained the issues with the increase in costs. Explained value engineering and the focus on the primary goals of the project. Plant 1 Highlights Under budget currently Plant 2 Under budget currently, but numbers are changing rapidly Some things that were in the project, but because of cost changes can no longer do Collection system improvements also under budget after deciding to change the scope. Path forward – focus on value engineering, doing more analysis. Q (DAB): I love the buy America thought, but is that a federal requirement? A: Federal requirement. Build America Buy America. Q (DAB): How would you find a way around that? A: Working with EPA and WIFIA. Going back to other parts of federal government trying to work out other projects that were already in the works could get an exemption. We had already done an LOI. A (CM Frye): Part of the challenge is that we already set our rates. We base our rates on our projections. We’ve been working on this for years. Before COVID. We want to buy America, but there’s an increase cost for that. WE enjoy low water rates compared to peer cities. But we’ve got significant infrastructure. Over a long period of time we want to keep rates as low as possible. A lot of the things aren’t being made in America. Action Taken: Receive and file. 10. Nightclub in the City Zoning Classification Update Philip Zevenbergen, MAPD, presented an update on the work to refine the definition of “Nightclub in the City” classification. Looking at changing the definition. Currently, if there is alcohol and entertainment, it is a nightclub. Provided examples of why the definition needs refined. Proposed changes – Nightclub will stay as it is defined. Nightclub vs entertainment establishment. If it has a capacity of under 300 persons, it is an entertainment establishment. Changing the public hearing requirements to be uniform. Reaching out to stakeholder communities. Here to get feedback. Nothing is set in stone. Not in a big hurry. Trying to be thorough. Q (DAB): What about noise ordinance? Is that defined here? A: That is a separate ordinance. Q (DAB): Give me an example of something that is a 300 person capacity. A: Industry has 300 person capacity. A: 68 in here. Q (DAB): Would that change anything that is offered in Old Town? A: They are already classified as nightclubs. It could make them something less. DAB 5 • June 6, 2022 • Minutes • Page 6  A: One of the big drivers is existing restaurants that want to provide additional value to customers. Attract more customers. Give them something else other than food. Piano player, guitar player to give more ambiance. Give existing restaurants another opportunity to compete and follow the rules. The big challenge has been the number – 300. I don’t think we have anything in D5 that is 300. Would there be a cost or burden if any businesses have to reclassify? How did we get to the 300 number? A: Our zoning administrator knows the code backward and forward. He did a ton of research into it. Q (DAB): Is the entertainment one going to have a different closing time than nightclub? A: That is governed by a different ordinance. We can close down the entertainment aspect even if it’s classified as a nightclub. Something we’re already doing separately. Q (DAB): If approved and a nightclub now but under 300, they won’t have to go and apply for a new license. A: Probably not if they are already licensed for something more. Not our intent. Will probably work through the system and help them when it’s time to renew the license. C (DAB): So this is less regulatory and more communications. A: Exactly. Just don’t want to call something a night club when it isn’t a nightclub. Action Taken: Receive and file. 11. CUP2022-00019 Philip Zevenbergen, MAPD, presented an application on behalf of Larry Dobbs/L&D LLC (Applicant), Dong Dai (Applicant), Baughman Company (Agent) The applicant is requesting an amendment to the Community Unit Plan, CUP DP-204 to permit Night Club in the City as an accessory use to a restaurant. The property is zoned LC Limited Commercial and located on the east side of North Maize Road within one block north of West 21st Street (2330 N. Maize). The building is currently occupied with an Emerson Biggins restaurant. The restaurant serves alcohol and would like to provide a DJ, dancing, and live music on the premise. Therefore, by definition, this is considered a Night Club in the City by the Unified Zoning Code (UZC). Restaurant has to exist first. 50% sale of food over 6 months’ time makes it a restaurant. Approved by MAPC subject to conditions outlined by staff. Went over the conditions of approval. In the protest period now. We haven’t had any public feedback. If this is approved, it won’t go to City Council because it is just an amendment. Staff report says Baughman is the agent, but that is incorrect. Q (DAB): Do you remember what the noise decibel level is in the noise ordinance? A: Not off the top of my head. Q (DAB): No pushback from residents? A: No, we didn’t receive any feedback. Q (DAB): If zoning code changes, this will still be a nightclub? A: Yes. Q (DAB): What’s the trigger for a business to trigger this zoning? DAB 5 • June 6, 2022 • Minutes • Page 7  A (Public) Sharon Dopps, Manager of Emerson Biggin’s: Came to our attention that previous owners had been doing this illegally. We recently did a remodel and want to do it the right way. Want to do it all above board. If it really did take off, we didn’t want to face consequences. Q (DAB): Main plan for DJ or bands? A (Public) Sharon Dopps, Manager of Emerson Biggin’s: Starting slower and smaller with a DJ twice a week. Did the remodel because we’ve had a demand from customer base for that type of environment. Local bands have asked us to play there. Get emails from people traveling through town looking for venues. Q (DAB): Was part of remodel to involve sound dampening materials? A (Public) Sharon Dopps, Manager of Emerson Biggin’s: No. There was already stage there and we are remodeling to make it better and safer for dancing. Q (DAB): Any type of history of crime with a change like this with nightclub in the city? A: We’ve heard that concern about other locations. I don’t know of any stats. Location plays a big role in that. C (Public) Sharon Dopps, Manager of Emerson Biggin’s:– We still have to go through another application process to prove our safety and crowd management. Wanding people at the door and we have to submit another application for an entertainment license through the City and list safety measures out. Purchased wands during COVID. Did increase security measures. Purchasing ID machine as well. Action Taken: Motion to APPROVE the application as presented made by Dennis Clary. Seconded by Jose Gutierrez. MOTION PASSED 11-0-0 12. PUD2022-00010 Philip Zevenbergen, MAPD, presented an application on behalf of Westlink Christian Church (applicant)/ Russ Norris (contract purchaser)/Baughman Company (Agent). The applicant is requesting a zone change from SF-5 Single-Family Residential to PUD Planned Unit Development to create the Pathway Church Planned Unit Development PUD #99. The property is addressed as 2001 North Maize Road, which is generally located on the west side of North Maize Road and within one-quarter mile south of West 21st Street North. The property is 33.56 acres and is currently developed with Pathway Church, which also operates a daycare (CON2012-00017). PUD is a custom zoning classification. Every PUD is different. Write the rules on the document that governs themselves. General office and medical services could be allowed in the existing building. Parcel 2 share base zoning as the dentist offices. Parcels 3 and 4 are looking to be 2-family residential for duplex. 42 duplexes. Only building about 8 dwelling units per acre. Follow standard setbacks except where they share parcel lines with church parking lot. MAPC approved subject to staff recommendation but added a recommendation for cross lot access. It would allow the residents of the duplexes to use the private drive in Pathway Church. They cannot gate that drive, they have to stay open. DAB 5 • June 6, 2022 • Minutes • Page 8 Requirement of PUD developer required to maintain wood fencing. No longer on home owners. Requires landscape buffer. 1 shade tree per 40 linear feet. Developer willing to do 1.5 times that. Won’t block the view, but will soften the appearance. Conformance to comprehensive plan. Site appropriate for commercial uses. Multifamily residential is a good use as a buffer between residential and more intense commercial. Q (DAB): Where are we with cross lot access happening? A: Cross lot will be required to be in place before permits are issued. C (Public) Curtis Cummings 1965 N Stoney Point Court: Three concerns – will be rentals. Amount of traffic will impact Stoney Point. Come in off of Maize Road. Will come in north going south to avoid intersection. A lot of people treat that like a race track. Concern about will it devalue the homes in that area. Already told us they will be rentals. Will it impact crime in our neighborhood? Three main things that concern me. C (Public) Mark Mainzer 1876 N Lark: Moved in south of there 20 years ago. There’s nobody behind us and that’s why we moved there. We were told the church would only use spare field for soccer field. Want to reiterate. What’s the average cost of one of the duplexes? What will it do to home values? Houses over $300k in value. Concern for crime and traffic. C (Public) Marcy Owens 1965 N Stoney Point Court: I run around pathway. About 3 miles. If there are homes there, will I be safe to do that? Will I have to go a different route for my safety? Maybe instead of duplexes, in 5 or 10 years, what will the condition be like? In 5 or 10 years will the yard be mowed and paint peeling? Will they be an eyesore? I bought my house 8 years ago knowing there’s an area kids can play. Pathways stopped mowing it. If this is something that has to happen, Central Community Church on Maple, they have a retirement community. 55 yrs. and older, single owner. Patio homes. No stairs or basements. I’m concerned what they will look like in 5 or 10 years. I still want to run, can I do that? C (Public) Jim Mclain 1825 N Lark Circle: Streets there, especially Maize Road, middle of October to first of January, disaster. Backs up all the way to 21st down to Westport. Heck of a time getting in there. Adding more residence in this area. Already built apartments across the street. Keep cramming things in the area traffic will get worse and worse. Maize needs to be a 7 lane road to get that traffic through there. Took a look at streets. If they ran 20th street through apartment complexes, 20th would take most of traffic out of our neighborhood. Section of land church does not use. Near a brick wall. Enough room to put street on through. Church things they can use side road, that won’t work either. Sundays and Wednesdays and Tuesdays they fill up that lot. They will cut out back way to avoid traffic. C (Public) Nancy Woodruff 1888 N Lark Circle: Biggest concern is drainage. Told at planning commission everything drains to northeast or northwest. 2008 there was flooding to southwest. I have huge concerns. Needs further detailed studies on drainage. Flooded across that entire intersection. C (Public) David Woodruff 1888 N Lark Circle: What happens to properties that don’t have a fence? Will they be on the property line? A: Near the property line. C (Public) David Woodruff 1888 N Lark Circle: I would ask developer answer questions about drainage before this goes any further. C (Public) Mary Taylor 1872 N Lark Circle: My property is on corner. My concern is enforcement. Property that backs up to ours. Golf cart guys were supposed to put up screening. Haven’t planted a single tree. No enforcement. I have complained. It has affected my property value. Q (DAB): Where were they supposed to put in the screening? Q (DAB): And you have pictures? C (Public) Mary Taylor 1872 N Lark Circle: Use to be Kirk Excavating, they took care of it. Now it is a junk yard. If nothing will be enforced… Q (DAB): Have you made reports to MABCD? A: Monthly DAB 5 • June 6, 2022 • Minutes • Page 9 C (Public) Carolyn Mortin 2129 North Mars. President of Timber Ridge HOA. Two other board members here tonight. Represent 266 homeowners in this area. Pathway has been a good neighbor in the past. Not excited about this news. Concerned about rentals and property values in future. We have covenants they have to adhere to. We follow up with MABCD to help us take care of it. Crime. Traffic is biggest complaint from our homeowners. Trying to get on 21st now is bad. Trying to get on Maize Road now is bad. Not excited about additional traffic and crime in our area. C (Public) Howard McCoy 2026 N Parkdale Ct.: Understand building homes up to commons area. Building cement wall? So they don’t drive on our common area? Where will they go out? C (Public) Teresa Bricknell 10613 N Westport: Traffic main complaint. Maize is awful and 21st is awful. So is Westport and Stoney Point. Can’t go for a walk or walk your dog. People speed. Our association has worked hard to control traffic. People would go through yards. Put in a median. Gotten really bad. People can’t get out of their driveways. City put in trees and people put in big rocks so they wouldn’t go through our yards. Many people come down Westport. Highly used. Only way to get out of there. Adding 90 something homes. Streets aren’t equipped. Concerns about rentals. Prefer regular homes. We can’t have rentals in HOA. Don’t want to back up to rentals. Nobody seems to agree how they will go in and out. Concern where will construction trucks go. C (Public) Steve Yates 1829 N Lark Circle: Parcel 4 and flooding issue. If you look at Parcel 4, will convert 493k square feet of green space to hard space. 50 percent of square footage. Plan needs to be reconsidered for water runoff. C (Public) Deanna Yates 1829 N Lark Circle: Same concerns. Construction vehicles. UPS, Amazon, trash trucks. All of that will have to come through our additions. Already so crowded. Two exit points in that whole area. C (Public) Chris McClain: Church said they’re allowing people to exit. Asphalt roads not made for heavy residential traffic. Roads will break down then people will go through neighborhoods. C (Agent) Phil Meyer, Baughman: Four people from Pathways Church here. Did a voluntary neighborhood meeting on May 12th. Everyone in the room was invited. Lasted a couple of hours. 4 issues. Traffic, drainage, duplexes, and loss of open space. Church has been at this for a long time. 9-12 months talking about doing this project. Looking for right contract purchaser. Wanted someone who would do this right and not flip them. Out of town last week. Russ Norris. Responsible for all the mowing and maintenance. Exterior would have to be maintained by him. Brick or stone on exterior to look like other residences to south and west. A lot of existing vegetation and 1.5 times the buffer. Mr. Norris will put together detailed tenant screening process. Not a requirement that has to be over 55 or member of church. But we foresee that being 70-80%. Older people and members of this church, but not required. Did this 20 years ago at Central and 199th. Put duplexes up among church. People walk to church and they’re looking for that. They just want to be close to their church. Drainage – dealt with in lot split process. Will have to update drainage plan. Was last done in 2001. Trying to get water to go that way. Will have to do a detailed drainage plan to make sure it’s adequate. Is this an appropriate use of the land? If it is, then we will do the drainage plan. Q (DAB): Issue of drainage – is there a way of aiming grading to go north if it seems it goes south now? A: I’ve looked at area. Looks like It’s going northeast now. Final drainage plan will figure that out and final grading plan that will be turned in and approved. Can’t increase amount of runoff. Q (DAB): In Florida, driveways have to be made of porous materials. Have you looked at using porous materials? A: City has looked at that before, but it’s cost prohibitive and doesn’t last as long. Haven’t gotten there yet in this region. Q (DAB): What is typical number of acres? DAB 5 • June 6, 2022 • Minutes • Page 10 A: I think what you’re asking, 10 to 15 percent of ground to meet requirements. I believe that existing lake was sized up for whole facility when church was done. If it doesn’t meet today’s standards, we will improve it so it does. C (DAB): Duplexes next to Saint Elizabeth have added value to that area. Next to a church are typically very well maintained. Must be some type of stigma around word duplex. Hard for anyone to build anything under $300k. As long as they are maintaining that level. I see duplexes built closer to half a million today. Stigma around duplex. A: Pointing out we have a single developer to maintain the whole thing to avoid that. People who are flipping them and it’s a problem. If they are maintained properly, no different from a single family resident. Not an argument for zoning regulation. Q (DAB): What was the reason for duplexes? A (Rodney Elliot, Executive Pastor): When we built church originally. When first purchased property, single site church. Strategy changed. Similar to campus in Goddard and Valley Center. Not space we are planning to use. Thought of ways it could be used. They will be our neighbors too. Stringent process when seeking out developers. Q (DAB): Who is intended clientele? Floor plans? A: Contract purchaser has submitted initial floor plans for concept. Showed quality. But not final approval. A: Failed to mention, church did zone change as part of PUD. Church wanted to be part of PUD. Part of their package they put together. They have control of this thing. To protect church and neighborhood. C (DAB): I remember couple of years. They promised this neighborhood they would provide screening and they would clean up the area. C (DAB): CM Frye was taking notes. Someone will be getting a call. C (CM Frye): They’ve already gotten an email. C (DAB): I’m conflicted. When you buy a piece of property. How long has it been SF5? A: Since it was annexed. Everything is single family. Q (DAB): Amount of traffic flowing in and out? How many school buses? How many kids? A: With cross lot access, school buses won’t likely go through. Kids will go to existing stops. Already have to be bussed from this neighborhood. Not likely going to increase bussing traffic. C (DAB): If ok with cross traffic from church, you have a road that goes east and stops at the line. No house there tying back in. Trying to keep traffic out. A: Traffic will take a look at this as well. They already have with cross lot. Wichita fire will look at it as well. Might require circulation road on top of that. Could consider now anyway. Based on if fire has access and turnaround space. This isn’t a final layout. Could find out through whole planning process they aren’t able to achieve this. Q (DAB): What happened at MAPC? A: They approved it with additional condition of cross lot access. A: Will go to City Council. In protest petition. Process forms submitted to city clerk by end of business June 16th. Doesn’t stop the process but affects the city council vote. Public comment is taken very seriously. C (CM Frye): Will not be public comment at that meeting. A: Right, public involvement, not public comment. DAB 5 • June 6, 2022 • Minutes • Page 11  Q (DAB): Two main components drainage and traffic, governing agencies in City will continue to look at it to ensure compliance and any problems would have to be addressed to proceed? A. Yes and traffic and engineering are already aware of this. Aware of where traffic might merit a signalized intersection. Something for public works to look at. Q (DAB): What can be put into place to ensure protection for residents on enforcement? A: Shocking to me they’ve been complaining for months and nothing has happened. If complaint was made, zoning enforcement sent out. Could be deep in the process after non-compliance. If they haven’t even talked to business, I would be shocked. CM Frye on the trail. Very disappointing. Nothing we can do in this meeting to increase enforcement. Different between property owners. Church is part of PUD and has skin in the game. C (DAB): I guess that could be a takeaway. A: If you’re not getting responses from MABCD, call your council member. I am with him on this. I find myself in the middle on this as well. I’m here to help protect your property values as well. That shines poorly on my part as well. Shameful and I apologize. Q (DAB): Single family right now. If we said no, what other options could it be? A: Right now it could be used as a church. A daycare. Could do a lot split and put in single family homes. Would have to do single lots and streets. Can’t put multiple single family homes on a lot. Much less efficient use of space. Could put a school. Fairly restricted. Efficiently using space knowing cost of development right now. Could piece out all lots and put in fire standard streets. Not asking for reduction of setbacks. Action Taken: Motion to APPROVE the application with MAPC condition made by Trey Rios. Seconded by Dennis Clary. MOTION Failed 5-5-1 Action Taken: Motion to DENY the application with MAPC condition made by JV Johnston. Seconded by Wendy Carter. MOTION Failed 5-5-1 13. CUP2022-00007 Philip Zevenbergen, MAPD, presented an application on behalf of Mountain Pass Investments, LLC (owners) / Kaw Valley Engineering (agent). The applicant is requesting an Amendment to the Maize & 29th Commercial Community Unit Plan, CUP DP-327, to waive the requirement for a three foot high curvilinear earthen berm on the front of Parcels 6A and 6B. Parcels 6A and 6B are zoned LC Limited Commercial and are located northeast of North Maize Road and West 29th Street North (3134 North Maize Road). Request to remove landscape requirement. Recommendation from MAPC to require 1 foot berm and require shrubbery on top of it. 1 foot berm with shrubbery was allowed at other businesses. That’s where MAPC recommendation came from. Applicant has revised landscape plan. Q (DAB): I imagine there’s no way for a 3 foot berm now. A: Yes because of the drive. Submitted a drainage plan and a 1 foot berm with shrubbery. They seem to be fairly amenable. Q (DAB): How’d this get through? DAB 5 • June 6, 2022 • Minutes • Page 12 A: It was missed. C (CM Frye): As someone who was a DAB member when this was first brought forth when Sam’s Club went in, it was a big issue in the neighborhood. For it to get missed knowing how much time and energy went into that. Now I’m in a tough spot. Now other berms will ask for same thing. One does it and everyone does it. Something gets missed and we have to pay the price. Pleased they are willing to work on a solution. C (DAB): I’ve had MABCD miss stuff and I’ve had to tear stuff out to fix it. C (CM Frye): I worry about the precedence it sets and the hodgepodge of berm landscape. Q (DAB): Based on what I’m looking at, where they could potentially tear out to put a berm. So that wouldn’t change parking requirements on that lot? A: That’s the drive that supports the drive through. C (DAB): They could narrow the drive through. A: This would carry over to parcel 6a to the north so it would be cohesive. C (DAB): They could put a 3 foot berm. C (DAB): There’s space between 3 foot berm and building. Q (DAB): When did this get brought to everyone’s attention that it was missed? A: About 2 months ago. They have a conditional permit to be operating now. Q (DAB): What are we wanting them to do by denying it? A: Staff recommendation is to deny and have them put in a berm. MAPC recommendation was 1 foot berm with bushes on top. Sam’s Gas and IHOP have a 1 foot berm with bushes on top. That is what MAPC is recommending. C (DAB): Site next to Dunkin’ only site left. All would have 1 foot with shrub. A: Yes, I believe so. C (DAB): I think it’s ridiculous for there to be a 3 foot berm. It doesn’t screen anything. They did it because the neighborhood wanted it. I would say no berm with landscaping or 1 foot berm with landscaping. I would rather look at a 1 foot berm and landscaping than a 1 foot berm with no landscaping. C (DAB): So, some day down the road if that site gets redeveloped, they could apply for that 1 foot berm and it would all look pretty similar. A: Correct. Q (DAB): If they were required to go in and tear it out, would the company be responsible to do that? A: Not necessarily Dunkin, but Mountain Pass. Q (DAB): Could Christian Brothers come back and say they want a 1 foot berm? A: They would have to go through the same process. DAB 5 • June 6, 2022 • Minutes • Page 13 Q (DAB): Why did the gas station at Sam’s not get a berm? When all of that went down, Sam’s Gas is part of Parcel 1. The community plan was approved when it went through the public process and for whatever reason they didn’t require it. Action Taken: Motion to APPROVE MAPC recommendation made by JV Johnston. Seconded by Nick Penner. MOTION PASSED 10-0-1 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The meeting was adjourned at 8:05 p.m. The next District 5 Advisory Board meeting will be held at 6:30 p.m. on Monday, June 6, 2022. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Guests Phil Meyer Steve Yates Curtis Cummings Mark Mainzer Marcy Owens Jim Mclain Nancy Woodruff David Woodruff Mary Taylor Carolyn Mortin Howard McCoy Teresa Bricknell Deanna Yates Chris McClain Rodney Elliot Sharon Dopps • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Respectfully submitted, Cory Buchta, Community Services Representative, District 5 DAB 5 • June 6, 2022 • Minutes • Page 14