District 6 Advisory Board

Feb 4, 2019 District VI Advisory Board Minutes www.wichita.gov Monday Evergreen Branch Library Feb 4, 2019 2601 N. Arkansas, Wichita, KS 67204 6:30 p.m. Conference Room The District VI Advisory Board meeting was held at 6:30 p.m. at the Evergreen Branch Library conference room, 2601 N. Arkansas, Wichita, KS 67204. There were eight District Advisory Board members, the Council Member, seven staff members and seven members of the public in attendance. Members Present Staff Present Denise O’Leary-Seimer Darrin Williams WPD Angela Martinez Larry Carlson WPD Lorenza Snyder Officer Nate Schweithale WPD Gregory Boyajian Officer Steve Jerrell, WPD Shaun Rojas Chris Fleming WFD Bill Longnecker Brandon Findley, Office of Community Services Matt Brown Joel Weihe Linda Matney Gisela Peña James Deckhard Carrington Thom (Youth member) Council Member Cindy Claycomb Members Absent Guests Bill Capp Mary Cole Jan English Clayton Pearson Bill Carp David Carp Greg Newby Debbie Sigman Jeremy Johnson Pam Conley Tom Ewart Call to Order Council Member Cindy Claycomb called the meeting to order. Approval of Minutes The minutes for January 7, 2019 were approved. Motion passed (11-0) Recommended Action: Receive and file.  February 4, 2019 Staff Reports 1. Community Police Report: Officer Steve Jerrell - Patrol North Officer Jerrell asked that people please lock up their cars as there have been a string of car break-ins lately. He also recommended that people consider investing in camera recording systems for their homes. He also asked that people report gunshots if they hear them, as it helps the police more than one might assume. Officer Darrin Williams – Patrol West Officer Williams spoke about illegal gambling machines being a problem. He mentioned that WPD has currently has many of them stored as evidence but they continue to pop up in different locations on a regular basis and so he would ask that citizens report them anytime they see them in a public location. Officer Larry Carlson Patrol South – Police Report Officer Carlson also suggested that citizens consider installing cameras for security purposes. He spoke about how the Old Town camera system has helped the police in determining the root causes of crimes in the area, allowing them to arrest perpetrators and clear wrongfully accused citizens that were actually victims of crime. DAB Member – Have you heard about drug use taking place in the elevator of the parking garage at Market and Main. Officer Carlson – Yes I know exactly what elevator you are talking about and we are looking into options for that location, including shutting the elevator down at night. 2. Fire Department Report: Captain Chris Fleming Fire Station 7 – Fire Report Captain Fleming reported that there were 375 fire incidents in District 6 in December. 36 were call for service alarms, 16 fire calls and 323 medical alarms. He also made mention of a January fire at 1226 N Jackson that was a result of squatter activity on a vacant property that resulted in $80,000 worth of damage. He asked that everyone makes sure that they have a fire escape plan to get out of a burning home safely and meet up with other family members in the case of such a house fire. Public Agenda 3. Scheduled Items: None Action Taken: Receive and file. 4. Off-agenda items: Mary Cole – Ms. Cole asked that there be a maintenance allotment to be proactive with the maintenance of the new performing arts center and also re-iterated her support of the Trap Neuter Release ordinance that is currently being considered. Action Taken: Receive and file.  February 4, 2019 5. CON2018-00041 – Request for Conditional Use Permit: Kathy Morgan, Metropolitan Area Planning Department, presented on the City Conditional Use permit for a Boarding Kennel (doggy daycare) with an outdoor run on less than 5 acres and located closer than 200 feet of a residence on property zoned LC Limited Commercial, located at 5500 W. Central Ave. Based upon the information available at the time the staff report was prepared, it recommended the request be approved subject to the following conditions: 1. The Conditional Use shall permit an indoor “kennel, boarding, breeding and training” for up 60pets. No more than 30 pets will be boarded overnight. No pets will be boarded outdoors. 2. The kennel shall be developed, operated and maintained in compliance with the approved site plan and with all applicable local, state or federal regulations, resolutions or statutes. In the event that any required screening is removed, the applicant shall be responsible to provide Code required screening. 3. The kennel operator shall have on file proof of rabies vaccinations for all dogs harbored at the facility. 4. The kennel will be open to the public from 7:00 a.m. to 7:00 p.m. Monday through Friday, 9:00a.m. to 6:00 p.m. on Saturday and Sunday from 9:00 a.m. to 12:00 p.m. and 4:00 p.m. to 6:00p.m. 5. Outdoor play time will be monitored by kennel staff. The operation schedule will be: a. Mon-Fri 6:30-7:00 AM; 8:30-11:30 AM; 1:00-4:30 PM; and 7:00-8:15 PM b. Sat 7:00-8:00 AM; 10:00-11:30 AM; 1:00-4:30 PM; and 6:00-8:15 PM c. Sun 7:00-8:00 AM; 10:00-11:30 AM; 3:30-4:00 PM; and 6:00-8:15 PM 6. Cleaning of the boarding kennel facility shall be performed as often as necessary to maintain sanitary conditions. A suitable method of eliminating excessive water from any kennel enclosures shall be provided. Interior surface materials shall be constructed of non-porous materials or materials approved by Metropolitan Area Building and Construction Department. 7. Sufficient quantities of food and water shall be provided to keep the dogs in good physical health. The animals shall be fed at least once daily and provided clean water at all times. Food and water containers shall be located to minimize contamination and shall be cleaned as often as necessary to maintain sanitary conditions. 8. All waste materials shall be disposed of in such a manner to minimize odors and disease hazards. The kennel shall be maintained in a sanitary manner as required by applicable codes. All solid waste generated by the kennel must be removed from the site. 9. The animals confined in the kennel shall be maintained in good physical condition, free of infectious disease and parasites. 10. The applicant shall obtain all applicable permits including, but not limited to building, health and zoning. 11. The boarding facility shall be open to the unannounced inspection by MABCD personnel during normal business hours. 12. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator may, with the concurrence of the Planning Director, declare the Conditional Use null and void.  February 4, 2019 This recommendation was based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties east, west and south of the site are zoned LC and developed with one-story retail sale businesses. Property to the north is zoned TF-3 Two-Family Residential developed with single-family residences. The screening and fencing indicated on the proposed site plan, the proposed hours of operations, and cleaning of the facility mitigates the requested waiver of Section III-D.6.k of the UZC Supplementary Use Regulations. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LC, which permits boarding, breeding and training kennels with conditional approval.3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should not detrimentally impact adjacent properties provided the kennel is developed, operated and maintained in compliance with Code requirements and conditions of approval. 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 would provide the public with additional kennel services. Denial would presumably represent a loss of economic opportunity to the applicant. 5. Opposition or support of neighborhood residents: At the time this report was prepared, staff had not received any negative comments regarding the application. 6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as being located within the Established Central Area. The Future Growth Concept Map identifies the area as “Commercial”. Commercial areas reflect the full diversity of commercial development densities and types typically found in a large urban municipality. The UZC permits boarding, breeding and training kennels with conditional approval, subject to Supplementary Use Regulation Section III-D.6.k noted above, unless modified or waived by the City Council upon recommendation by the Planning Commission. 7. Impact of the proposed development on community facilities: Existing street infrastructure is adequate to handle expected minor increases of traffic. DAB Member – We had questions about noise levels at the facility, can you address that? Blake Bauer – I understand that concern. What I can tell you is that we are not like other doggie daycare facilities that just put dogs outside and leave them. We have an employee with the dogs at all times to make sure dogs are behaving. We will even fire your dog if it doesn’t play well with others or behave itself, which is one of the ways we help to keep noise levels down. DAB Member – There is a reason that 5 acres are required for a kennel and that is to give enough space so that barking dogs and the smell of animal feces isn’t butting up against a residential neighborhood. You’re asking to put a kennel in a space that is 4.3 acres short of 5 acres. You’re also asking to be open on Saturdays and Sundays, which I think is good for the dogs but bad for the neighbors. I think you would be better off at a different location that isn’t so close to a residential neighborhood.  February 4, 2019 Blake Bauer – I appreciate your comments. Several of our sites are located next to adjacent neighborhoods and the reason we chose this site is because this a growing model. People are spending more money on daycare for their pets and this location is on the way to work for people on the West side of town. DAB Member - Conditional Use is a site by site consideration and I just don’t think you have the right site. Blake Bauer – I appreciate that but again I would say we are not like most dog care facilities where we allow dogs to run wild and be loud and we try hard to build a brand around those things. DAB Member - I see that you want to allow for a maximum of 60 animals, but how many animals d you need to care for to break even? Blake Bauer - Much less than 60. DAB Member - I see you only have 12 parking spots, is that going to create an issue when people are dropping off their pets in the morning? Blake Bauer - Our average drop of time is 2 minutes so we do not anticipate any congestion issues. Council Member Claycomb – So when you say 60 pets, cats are counted in that 60? Blake Bauer – Yes and we generally don’t have more than 4 cats. We actually are considering making this site a dog only facility but we haven’t decided on that yet. Council Member Claycomb - What age of dogs do you accept? Will you take puppies? Blake Bauer - Yes but if they aren’t ready to be around other dogs we keep them separate. We have a meet and greet when a dog first begins with us to introduce them to other dogs correctly and pair them in groups according to their temperament. We also do not take dogs that are not fixed. Council Member Claycomb - So Kathy to clarify for the Board, the variance is considering acreage and distance from residential correct? Kathy Morgan – That is correct. DAB Member – Are there any other dog care facilities near this location? DAB Member – Yes it’s about 8 blocks from this facility. Council Member Claycomb - Is it a smaller facility? Kathy Morgan – Yes it is on .21 acres, not even a quarter of an acre. It’s for small dogs, 25 pounds or less with the same stipulations that are in the staff report for this daycare. As far as I know there have been no complaints about noise or other complaints and seems to be running with np problems.  February 4, 2019 Citizen – I think this is a beautiful facility and I think it is nicer than the Mattress Firm that was in its place. My concern is the number of dogs and the traffic it will potentially cause. I am also concerned about the well water and the chemicals that may end up in the well water. There are only a couple of houses in the area that are on city water and we have a high water table so we don’t know how the chemicals will affect the well water. DAB Member – If the traffic is your concern it’s really a mute-point. There is going to have to be a business there and every business is going to create traffic. The alternative is blight which isn’t good for anybody. So increased traffic isn’t really a factor that we should be considering in our decision. Citizen – I have an auto-immune disorder and I’m concerned about what the chemicals used at this facility might do to my health. I’m also concerned about the chemicals used her getting in the water table and about what this business might do to my property value. Blake Bauer – The chemicals we use are very safe. The chemicals we use are specifically safe for dogs and then they get diluted even more when we use water to spray the dog spaces down. DAB Member – Have you ever had any complaints about the use of chemicals at your other facilities? Blake Bauer – No we never have. DAB Member – As someone who is pro-business I think you have a fantastic model. As someone who also lives in the area I’m also torn because of the size of the facility. DAB Member - I have a comment about the chemicals. The chemicals being used at this facility are a lot safer than the chemicals we use on our lawns and all the other chemicals that we dump on the ground that seeps into the ground. So I don’t think that is a valid argument until we ban all of those other chemicals from getting into the environment. Also this is innovation. I travel around the country and I see these businesses all over the country and it’s just becoming the way things are. Denise O’Leary-Seimer motioned to deny the request due to the business being on less than 5 acres and the concern of well water pollution and other neighbor concerns. Bill Longnecker seconded the motion. DAB Member – I think you’ve gone above and beyond to prove safety and ease community concerns and I think this is a very viable use for this location and it beats blight in my opinion. DAB Member –I too think you have met the necessary conditions and I don’t see any reason not to allow this business. Linda Matney made a substitute motion to accept and approve and James Deckhard seconded the motion. The motion passed 8-3 6. Hoover Road Multi-Use Path from Zoo Boulevard to 29th Street North Shawn Mellies, Public Works Engineering, presented on the City Council approved agreement with TranSystems for a design concept of a multi-use pedestrian and bicycle path along Hoover Road from Zoo Boulevard to the existing path near 29th Street North. It was presented at the March 5, 2018, DAB VI meeting and a subsequent public meeting was held March 22, 2018, to acknowledge concerns brought forth at the DAB meeting. Another public meeting was then held January 17, 2019 to discuss changes to the design concept and review the alignment alternatives that were presented by citizens at the first neighborhood meeting. Recommended Action: Receive and file. DAB Member – Does the traffic signal come out of the bike enhancement budget?  February 4, 2019 Shawn Mellies – Due to the location of the signal we may be getting funding from Sedgwick County for that signal, but if we were not to get funding from Sedgwick County we would have to fund that signal out of the project budget. Gary Janzen – It’s critical to make that connection because without that people just aren’t getting to the park. If we don’t move forward with this path we are putting that signal in eventually anyway because it is warranted right now for safety purposes. Citizen – There is no currently approved budget for the traffic light at Zoo Blvd. and without the signal the path really is a path to nowhere. That light could cost $2,500 to $500,000 with an ongoing maintenance budget throughout the years. There are also a number of driveways the path goes through and there is no plan for crosswalks along the path either. There are already sidewalks in place why spend the city money? Citizen – This is not just a sidewalk, this is a ten foot wide path through our front yards and we still have to maintain liability for people who use the path on property. I also think there is an increased chance for litter and loitering because the people using the path will for the most part not be from the neighborhood and will not have the same vested interest in it as those who live in the neighborhood would. I am also concerned about property values because of the high use of the path. I would also like to point out that it’s a developer who is promoting the use of this path and none of it goes through his property. If he would have planned ahead of time it could have been a path that worked for everybody but instead the burden is being put on existing homeowners. So I would encourage you to deny this request. 36:43 Citizen – The path goes right through my yard. My family farms and that is right where we turn our trucks on my property. That adds a lot of liability because there are parents and kids that will be using that path. Kids aren’t going to be looking and we aren’t always looking right there either. I’m also concerned about kids getting their bikes caught on my fence because of the proximity to the path. There is another proposed route that is another 900 feet that would go through the developer’s property but he doesn’t want that because he probably doesn’t want that path to go through his property either. We are building this path way prematurely. The streetlight could be on the CIP 10 years from now and by then the path will be falling apart. Citizen – If we re-route this it is exponentially more expensive, and we need that connectivity to make the investment worthwhile. For those without a car it is difficult to get around and they need this path. Gary Janzen – I just want to address the signal funding. We have a great relationship with Sedgwick County and we work on projects like this together very well. We don’t have an agreement in place on this signal at the moment but there is good chance we will. If for some reason we don’t end up working together on it then we have other ways we can take care of it if need be but it’s important that that signal go in for citizen safety with everything going on there. I’m confident that signal be built no matter what takes place here. Shawn Mellies – I heard concerns about both crosswalks and the set-backs from the fence and I just want to say to those concerned that I’m confident we can make both of those things work. DAB Member – Having sat on the Urban Infill Committee I can say that this path goes right along with the City’s plans to make the city more bicycle friendly and not so dependent on automobile travel. This really is the way of the future. In my neighborhood the bike path has actually raised the property values and houses sell quickly because of the path. I think this is more of a fear of the unknown. DAB Member –Having been a cyclist I think what you will find is there is an environmental awareness among the majority of people who cycle so I don’t think littering and loitering are going to be issues of concern. I would have to agree that this is a positive thing that encourages physical recreation and alternative methods of travel. Denise O’Leary Seimer motioned to approve the Hoover Road Multi Use-Path and Linda Matney 2nd the motion. The motion passed 9-2  February 4, 2019 7. Revised Paving and Drainage Petitions for Emerald Bay Estates Gary Janzen, City Engineer, presented on the revised paving petitions for Emerald Bay Estates. He explained that Emerald Bay Estates and Emerald Bay Estates 2nd were originally platted in 2006 and 2009 as a loop street around a lake. In 2016, the developer desired to cut out the southwest corner of the loop and connect the lake to a second lake. This created two cul-de-sacs. Petitions were filed for paving and drainage improvements assessing 16 lots equally (along with unplatted tracts in the drainage petition). In 2017, Emerald Bay Estates 3rd plat was approved, reconfiguring the 16 lots to 13. Standard language on petitions states to spread costs on a square foot basis when lots have been subsequently split or re-platted. This results in a significantly larger amount spread to the cul-de-sac lots. Revised petitions have been submitted to assess the 13 lots equally (along with unplatted tracts in the drainage petition). DAB Member - so this is basically an adjustment to the special assessment? Applicant – Correct Council Member Claycomb – The adjustment is going from 16 lots to 13 lots? Applicant – Correct Council Member Claycomb – Is there anybody in the audience who would like to speak on this? Citizen - I am one of the lot owners. I spent 4 days with Chris and Gary and Julianne at the City and I just want to commend them for helping to make everything clear. I am one of the property owners and I have no issue with what they are doing. Joel Weihe made a motion to approve the application and Matt Brown seconded. The motion passed 11-0. At this point one of the DAB Members has to leave. It is now a 10 member board. 8. Baseball Stadium Paul Gunzelman from Public Works Engineering gave a presentation along with Shannon Bohm and Shawn Brumgard of Schafer Johnson Cox Frey Architecture on the proposed features of the coming Wichita Ballpark. This presentation was given in an effort to collect feedback on the proposed design concepts from the DAB and the public. DAB Member – In other cities where they have implemented a similar urban ballpark model instead of the one person one car model, how has the transition been? Shannon Bohm – Charlotte is the closest to what we plan in Wichita and it does not have any parking onsite, but our understanding is that there is enough parking that has not been an issue with them. Another would be El Paso which is a little bit like that but they have a little more parking because they have railroad on one side so they can only get there from one side of downtown. Parking is something we hear about most often. That is part of why we are bringing McClean down to 2 lanes, so that we can provide parking for the businesses right there. Council Member Claycomb – We are looking at parking to see what are options are but there are 5,000 to 6,000 spaces within a 10 to 15 minute walk, the Q Line comes right by there, which allows you to park further away as  February 4, 2019 well, but we are looking at how it is all going to fit together and how we are going to let everyone know where parking is. DAB Member – Speaking as someone who follows sports all over the world and the different stadiums and the different ideas, I think that in 2020, especially in an urban city in America, long gone are the miles of concrete to park on, its wasted space. I think that having the Q and 5,000 spots in less than 10 minutes’ walk is more than enough space for parking. Shannon Bohm – I also want to point out that there will be funding, not as part of this project but there is money set aside, six million dollars for a pedestrian bridge to cross over the river to that river entry plaza. So you will be very close if you park across the river. DAB Member – I would like to make a request for bicycle racks close to the stadium in a well-lit place. Shannon Bohm - Ok we will make a note. Mary Cole – What are the provisions for disability parking? Shannon Bohm – The ADA parking will be on the south side and then you can go in at grade to an elevator to go up to the concourse level so it will be fully accessible. There will be accessible seating throughout the stadium but especially at the first base line. We met the Sedgwick County Access Advisory Board a couple of weeks ago to review this. Mary Cole – Where will the team train in inclimate weather? Shannon Bohm – The batting cages located onsite are covered so they would be protected in inclimate weather. Citizen – How many skyboxes will there be? Shannon Bohm – 12 Citizen – Why doesn’t 3rd base have a skybox? Shannon Bohm – 3rd Base has the club area with outdoor balcony access. Citizen - Is the club area air conditioned? Shannon Bohm – Yes. It’s also a space that can be used year round for meetings or rentals or a number of other ways it can be programmed. It can accommodate approximately 200 people with tables and chairs. Citizen - I really like the design. I would like to recommend long term bicycle parking for both staff and general public and I would also like for opening day to be Bike Friendly Business Day. I would also like to recommend tying security cameras for the stadium to the Old Town camera system. Citizen – I would like to say that I am very excited about this, especially because of the ownership that is coming with this stadium. I remember all of the public appearances with the Aeros and how often they would be out signing autographs. On the other hand the Wranglers ownership seldom had them do public appearances or  February 4, 2019 participate in the community, so I’m excited about what the ownership of this team has in store. I’m also looking forward to the fact that this stadium is going to be used for a lot of other events besides baseball. This is a huge asset to our community so I’m thankful. Council Member Claycomb - Thank you all for coming tonight we appreciate the presentation. Issues of Concern DAB Member - If there is a pothole in my community is there an easy way to report it? Council Member Claycomb – Yes you can download the free Report It application to your smartphone and report it that way or call your Community Services Representative. Council Member Claycomb – There has been a lot of talk about the old Booth Memorial Hospital building at 11th and Amidon. There are new owners of that property and they are going to be at the Riverside Neighborhood Association meeting next week to talk about the multi-family housing they plan on putting in that location. I don’t believe there will be any zoning changes for that building but wanted you to be aware of the plan for that building of you were asked. Recommended Action: Receive and file. Neighborhood Reports None ADJOURN James Deckhard motioned to adjourn, Joel Weihe seconded the motion. Meeting was adjourned. 10-0 Respectfully Submitted, Brandon Findley District VI Community Service Representative Office of Community Services