District 6 Advisory Board

March 4, 2019 District VI Advisory Board Minutes www.wichita.gov Monday Evergreen Branch Library March 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 Officer Nate Schweithale WPD Angela Martinez Officer Steve Jerrell, WPD Lorenza Snyder Officer Carlos Atondo, WPD Gregory Boyajian Captain Carlos Rodriguez, WFD Shaun Rojas Brandon Findley, Office of Community Services Bill Longnecker Matt Brown Joel Weihe Linda Matney James Deckhard Carrington Thom (Youth member) Council Member Cindy Claycomb Members Absent Guests Gisela Pena 28 Guests were present Call to Order Council Member Cindy Claycomb called the meeting to order. Approval of Minutes The minutes for February 4, 2019 were approved. Motion passed (10-0) Recommended Action: Receive and file. Staff Reports 1. Community Police Report: Officer Nate Schweithale – Patrol South Officer Schweithale reported the following:  We have been placing “Real Change not Spare Change” signs in key locations around the City of Wichita.  March, 4 2019 Officer Carlos Atondo - Patrol North – Police Report Officer Atondo reported the following:  Treatco has been a victim of metal theft  Approximately $20,000 worth of cable was stolen from a local cell phone tower 2. Fire Department Report: Captain Carlos Rodriguez - Fire Station 7 – Fire Report Captain Rodriguez reported the following:  There were 338 alarms and 11 fires in our district last month  Captain Rodriguez asked the audience to contact the Fire Department if they see items being burned so that they can educate the public about fire safety Public Agenda 3. Scheduled Items: None Action Taken: Receive and file. 4. Off-agenda items: None Action Taken: Receive and file. 5. ZON2019-00041: Dave Yearout, Metropolitan Area Planning Department, presented on the request for Central Business District (CBD) zoning on 0.2 platted acre located east of North Oak Street on the north side of West Douglas Avenue. The subject site is currently zoned LI Limited Industrial (LI), and is an undeveloped strip of land. The CBD zoning would make the parcel one zoning lot under the ownership of Hutton Construction Company. The property is being developed as the corporate headquarter building. The site is located within the Delano District, a commercial district serving West Wichita with a variety of commercial, personal service and entertainment uses since the 1870’s. Property north of the site is zoned CBD and is being developed as apartments. Property south of the site is zoned CBD and is the future site of the corporate headquarters of Hutton Construction Company. East of the site is zoned LI and used for office uses. West of the subject site is zoned LI and used for a warehouse/wholesale flooring business. Based upon information available prior to the public hearings, planning staff recommended that the request be approved. Principal Planner Dave Yearout, was present at the meeting. The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to express their concerns. After the presentation by Dave Yearout, the following questions were asked by the audience and DAB VI Board Members:  March, 4 2019 Audience Member – Will this property be adjacent to the multi-use path? Dave Yearout – As I understand it yes it will. DAB Member (to the audience member from Delano) Is the Delano Neighborhood Association good with this plan? Audience Member – Yes they are. Action Taken: A motion was made by James Deckhard to APPROVE the application, the motion was Seconded by Joel Weihe. MOTION PASSED 10-0 6. CON2019-00002 Dave Yearout, Metropolitan Area Planning Department a request for a Conditional Use to allow the placement of an 80-foot tall cell tower for T-Mobile on property located on the north side of West 18th Street North and on the west side of North Woodland Avenue. The subject property is zoned LC Limited Commercial (LC). This location is outside the area authorized for administrative approval of wireless communication facilities; therefore, the Unified Zoning Code requires a Conditional Use for a wireless communication in the LC District at the proposed location. The following information is provided with a clear understanding that recent state and Federal laws have been enacted that limits and restricts the factors and issues that can be evaluated regarding placement of new wireless communication facilities. The parcel for this tower is a leased portion of the 8,750 square foot lot owned by the applicant, which is a commercial building that has been used for auto repair use. The leased area for the wireless communication tower is approximately 45-feet by 35-feet in size and located on the north side of the existing building at the western edge of the property, as shown on the attached site plan drawing. Access to the tower site will be via a leased access drive entering from Woodland Avenue. The applicant indicates this will be a monopole structure of a neutral color, much like other towers within the community. The compound area surrounding the tower will be enclosed with an 8-foot, solid fence. Because the entire lot is zoned LC, no landscaping is proposed. According to the applicant, other potential sites for a tower in the neighborhood were evaluated, but the owners were not willing to lease the properties. T-Mobile is presently located on the existing tower at the Twin Lakes Shopping Center to the west of the subject property and this tower location is designed to provide relief from capacity issues at that tower. The character of the surrounding area is mixed with commercial uses dominating the intersection of 18th Street North and Woodland Avenue. Residential uses exist to the north and southeast, and are prominent beyond the commercial uses at the intersection of 18th Street North and Woodland Avenue. According to the City’s Historic Preservation Planner, there are three sites within the immediate area which are potentially eligible to be listed on the National Register of Historic Places. The Environmental Review process required as part of the FCC certification will address this matter. It is not a factor that can be addressed as part of the zoning decision. Based upon the information available prior to the public hearings, planning staff recommends that the request be approved subject to the following conditions: A. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility, and the Wireless Communication Facility shall be erected within one year of approval of the Conditional Use by the MAPC or Governing Body, as applicable.  March, 4 2019 B. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive color with a matte finish to minimize glare. C. The support structure shall be no taller than 80 feet in height, plus an additional five (5) feet for lightning suppression equipment. D. The equipment compound shall be screened with an eight (8) foot tall solid screening fence. E. A site plan and elevation drawing indicating the approved design of the Wireless Communication Facility shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use and prior to the issuance of the Conditional Use Resolution. F. The site shall be developed in general conformance with the approved site plans. All improvements shall be completed before the facility becomes operational. G. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and "impacts to terminal instrument procedures" for the proposed wireless communication facility and shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA approval to the Metropolitan Area Building and Construction Department prior to the issuance of a building permit. H. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. I. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The character of the surrounding area is mixed with commercial uses dominating the intersection of 18th Street North and Woodland Avenue. Residential uses exist to the north and southeast, and are prominent beyond the commercial uses at the intersection of 18th Street North and Woodland Avenue. According to the City’s Historic Preservation Planner, there are three sites within the immediate area which are potentially eligible to be listed on the National Register of Historic Places. The Environmental Review process required as part of the FCC certification will address this matter. It is not a factor that can be addressed as part of the zoning decision. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LC Limited Commercial and is occupied by an existing commercial business. The proposed wireless communication facility will not impact the continued use of the property. 3. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The “Community Investments Plan 2015-2035” depicts this location as being generally “residential”. This particular use would not be out of character with the spirit and intent of the plan’s acceptable uses for this location given that the subject property is commercially used and adjacent to other established commercial uses. The Wireless Communication Master Plan outlines the guidelines for locating Wireless Communication Facilities. The proposed cell tower meets the general intent of the plan and the Conditional Use as recommended meets the spirit and intent of supporting expansion of coverage for this industry within the community. The combined conclusion for conformance to the Plans and Policies is this request complies with the overall spirit and intent to accommodate both the expansion of wireless communication capabilities within the City, while honoring the introduction of this type of use at this location by requiring the conditional use approval process and applying all the supplementary regulations to the property to mitigate the impacts associated with the new development. Dave Yearout with the Metropolitan Area Planning Department and the Applicant Greg Ferris were present at the meeting. The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to express their concerns.  March, 4 2019 After presentation by Bauer, the following questions and concerns were presented by adjacent residents and DAB VI Board Members. Council Member Claycomb – If we adopt the masterplan tomorrow will this case be subject to that? Dave Yearout – It was reviewed according that plan so yes. DAB Member - Is there a reason it needs to be 80 feet high? Dave Yearout – The height is not within our authority to address, we have to accept it per code. Greg Ferris – This is a site we’ve worked on for about 18 months and even though State law states that the City cannot require us to present a case for need we did that anyway because we felt it was important to document why we are doing this. This isn’t being done on a whim, there is a very strong need for this tower in this area. DAB Member – Was the park on 19th street considered for this tower? Greg Ferris – The Park Board has been resistant to allowing towers in parks due to the amount of space that is needed around the tower to secure it. That park is just as close to residential property as the proposed site anyway. DAB Member - Is this tower going to be 5g capable? Dave Yearout - It will be yes. Resident – The area in question is very close to my house. There is already a problem with blight in the area and this tower will add to that blight. Also, I am pleased with the cell reception I currently get and I am very displeased with the thought of this tower going up in my neighborhood. Resident – I live right next to the proposed site. This is going to be next to a residential property with children. The Department of Health and Human Services have deemed these towers a nuisance and a hazard to health. There is also a proposal for T-Mobile and Sprint to merge, so why is this tower even needed? This tower could also lead to a 20% devaluation of the adjacent properties. Resident - This tower will be in my backyard. There is already a tower for this company at Twin Lakes and we have children in this neighborhood. I’m very disappointed that Greg Ferris wants to put a tower here. Greg has said he refused to put a tower in a residential neighborhood and now here he is trying to put one in our neighborhood which could also drop our property values by 20%. Resident - I live by this property and it is only about 1000 feet from Woodland Elementary. We don’t know the effects that these towers have on human health and this tower could be affecting the health of children. Resident – What frustrates me is that we have already addressed this in this neighborhood and now we are having to address it again. It doesn’t make sense that we are repeatedly having to express our disinterest in this development. Resident – I have been paying for my property for 15 years and I am not excited about giving up to 20% of my property value away so that a corporation can make more money. Resident – This is a very active and vital neighborhood and we work hard to promote neighborhood pride. This tower will undermine that hard work by adding more blight that will eventually be obsolete. We as a neighborhood are concerned about health effects and property values as well. Small towers are a better option.  March, 4 2019 Resident – Our family has been in this neighborhood for 6 generations. The tower at Twin Lakes can go 20 feet higher and solve this issue without having to build this tower. This s also going to negatively affect the businesses that are in this area. I ask that you deny this tower. DAB Member – Can you upgrade technology to avoid making more towers? Justin Owen – We are trying but not currently. CM Claycomb – Can an 80 foot tower be extended to a 100 foot tower? Dave Yearout – Not automatically no. It would have to be done through an administrative adjustment. Greg Ferris – Actually at this particular site we could not go up 20 feet because we would not meet the compatibility standards. DAB Member - The Masterplan states that certain sites are preferable to others, so park land would still be a consideration. We do have parkland here and the masterplan recommends that, have you looked at that? Greg Ferris – If I could put it in a park I’m happy to do that, but usually we have a lot of opposition to doing that. I am happy to look at parks. James Deckard made a motion to deny the application due to it not being in the character of the neighborhood and opposition of the residents. Denise O’Leary Seamer made an additional denial motion due to the impact on the local community not being addressed. The motion was seconded by Bill Longnecker. MOTION DENIED 10-0 Recommended Action: Receive and file. 7. Project Wichita Staff from the Wichita State University Public Policy and Management Center presented on the findings of Project Wichita and reported the following:  The project has so far had 239 Focus Groups  3,800 Total Focus Group Participants  13,907 Total Survey Participants  81% of those interviewed agree that the Wichita region has to change to keep and attract the next generation.  Guiding Principles of the work include: Investing in ourselves, being connected to community, having a future generation mindset, boldly seizing opportunities when they present themselves.  Focus areas of the work include: Talent, lifelong learning, extreme prosperity, strong communities and neighborhoods, quality of place. Recommended Action: Receive and file.  March, 4 2019 8. Scooters Pilot Program In November 2018, the City of Wichita was contacted by Bird Scooters. The company indicated that they would be deploying hundreds of e-scooters in Wichita by November 15, 2018. Following this initial notice, City conducted a series of conversations with the company and ultimately Bird decided to delay deployment until after the City established a policy framework for how the e-scooters should be operated and managed within the city. Following discussions with Bird representatives, the City convened a staff team to determine how best to address the deployment of e-scooters. In addition, the City hired Toole Design Group to produce a current practice review of how other cities have accommodated e-scooters. The documents includes information from 13 communities and covers the following topics: policy type, fleet size, parking regulations, operating space, data sharing, speed, education, legal requirements, operations, and more. On January 22, 2019, Wichita Transit staff presented the results of the staff team and the draft pilot program to the City Council at their January workshop. During the workshop Council Members asked questions and provided feedback on the draft parking regulations, the ability to impound the scooters, and other items. Following the City Council workshop, City staff distributed the draft pilot program information to multiple e-scooter companies and received feedback from one of the companies. City staff are presenting information about the draft pilot program to District Advisory Boards I, II, VI; the Wichita Bicycle and Pedestrian Advisory Board; Wichita-Sedgwick County Access Advisory Board, and the Wichita Transit Advisory Board. The following actions were recommended: Endorse the following documents with the understanding that specific details for the pilot are still being negotiated and adjusted prior to presentation to the City Council:  draft pilot operating agreement, and  draft changes to the Wichita Municipal Code. Michael Tann from the Transit Department gave the presentation and had the following conversation with members of the DAB and the audience: DAB Member – I’ve heard of people crashing these if they don’t how to operate them. Michael Tann – There is a checklist of safety measures available, but that is also why set the age limit at 18, for responsibility purposes. Resident – 20 mph seems a little scary. Michael Tann – That’s why we are looking to be somewhere closer to 15 mph. DAB Member – Will you have metrics to determine success of the program? Michael Tann – Usage is really the determining factor and also where they are used. Success in our eyes isn’t revenue based. If a scooter is being used 3 times a day we view that as success. Resident – I am a cyclist and I already see a problem with kids on cell phones and with headphones not paying attention. Near collisions happen often and this would potentially add to that problem. Michael Tann – Yes that is a concern. Council Member Claycomb – That is one of the reasons that this is a pilot project. Resident – Can GPS determine the difference between a right lane and the sidewalk?  March, 4 2019 Michael Tann – The GPS is accurate up to 3 feet. Denise O’Leary-Seimer motioned to endorse the pilot program and associated municipal code. Matt Brown seconded the motion. Motion passed 10-0 Issues of Concern Council Member Claycomb – You all have asked that I report back on zoning cases that have come before us so I have the following to report:  Emerald Bay Estates paving petition came to City Council and was approved 7-0  We have not seen the Doggy Daycare, Hoover Multi Use Path or the 13th and Market rezoning cases yet but I will let you know about those and the cases presented tonight when we see them. Resident – I would like to see the baseball stadium item moved back a couple of weeks for better review by the public. I would also like the owner to be better vetted due to a negative article that was recently released about him. Resident – I am upset that the river was taken from the citizens and given to the baseball stadium. Wichita hasn’t historically supported baseball and greenspace around the river should be City owned. Council Member Claycomb – I would like to say that I was a little frustrated with the media account of the baseball agreement as they really only gave one side of that. Yes the development agreement is for a dollar an acre, however the baseball team is also putting in money so it’s costing them 15 million dollars to relocate their team and they are covering all of those expenses and so it is costing us nothing to get them here. Haven’t looked up the appraisal of those 4 acres but I know I is not 15 million dollars. Also, once they get here they will invest millions more dollars in and around the stadium. In my mind that is a trade-off and we have to think about that. In terms of the river being cut off from the public… that will not happen. The Army Core of Engineers controls the river and we cannot cut the river off from the public. There will always be access to the river by the public via bike paths etc. I also want to point out there will be over 200 events at the stadium per year, many of which will not be baseball related, so there will be something for everyone. Recommended Action: Receive and file. Neighborhood Reports DAB Member - The Forum Theater will be presenting the play Sheer Madness on April 25th. This is a rare opportunity for Wichita as only a few cities have been able to get the license to put on this play, which has been on Broadway for nearly 40 years. Recommended Action: Receive and file. ADJOURN Matt Brown motioned to adjourn, Joel Weihe seconded the motion. Meeting was adjourned. 10-0