District 6 Advisory Board

District VI Advisory Board Agenda www.wichita.gov Wednesday Evergreen Branch Library June 19, 2019 2601 N Arkansas, Wichita, KS 67204 6:30 p.m. Conference Room ORDER OF BUSINESS -- Call to Order -- Approval of Minutes for May 15, 2019 PUBLIC AGENDA This portion of the agenda provides an opportunity for citizens to present issues that are not part of the regular agenda for the meeting. There is a five minute time limit for each speaker. 1. Scheduled items: Recommended Action: Receive and file 2. Off-agenda items: Recommended Action: Receive and file STAFF REPORTS 3. Community Police Report Community Police Officers will give a brief report on District VI issues, problems and events. Recommended Action: Receive and file 4. Fire Department Report Staff will give a brief report on District VI issues, problems and events. Recommended Action: Receive and file NEW BUSINESS 5. Preliminary Budget Overview: 2020-2021 Operating Budget and 2019-2028 Capital Improvement Program Elizabeth Goltry, Finance Department, will provide an overview of the current financial environment, with a review of City revenue and expenditure trends, as well as financial projections relative to the development of the Proposed Budget and CIP. The Proposed Budget and CIP will be presented to City Council on July 23, after all input and discussion has been evaluated and recommended changes are made. A public hearing will be held on August 6, and budget and CIP adoption will follow on August 13, 2019. The 2020-2021 Proposed Budget sets the service level priorities and projected expenditures for the City of Wichita. The 2019-2028 Proposed Capital Improvement Program sets priorities for capital investments for the next decade.  Agenda June 19, 2019 2 Recommended Action: Provide feedback 6. PUD2019-00007 Dave Yearout, Metropolitan Area Planning Department, will present a request to establish the LOML Commercial Planned Unit Development (PUD #65) on the 0.2-acre tract generally located on the north side of Douglas Avenue and east of North Seneca Street, also on the east side of North Walnut Street. The applicant has indicated the intent is to allow a mixed use of commercial uses on the property. The proposed language for this Planned Unit Development is as follows: Project Description: The Planned Unit Development (PUD) is intended to allow for the development of two commercial buildings into their best use as a mixed use commercial development. The project aligns with the City of Wichita’s focus on increased walkability and utilizing the expanded public transport along Douglas Avenue. The main purpose of the proposed change in use of the property is to allow the vacant building to be occupied by the tattoo parlor which was previously in the area but which was partially destroyed by a fire. Otherwise, there are few changes in potential uses that could be established under the present zoning classification. Therefore, staff finds the proposed uses are not out of character with the intent to provide a wider variety of commercial uses consistent with the existing commercial properties along this major commercial corridor. The property along Douglas Avenue is a mixture of properties zoned LC Limited Commercial (LC), GC General Commercial (GC), CBD Central Business District (CBD) and LI Limited Industrial (LI). The area is intensively developed for commercial uses. The closest residential property is over a block to the south. This neighborhood is an active, urban commercial area. Recommended Action: Staff recommends APPROVAL of the application subject to the following conditions: 1. The PUD drawing shall be modified with the General Notes to read as follows: A. The following uses are prohibited: Adult Entertainment and/or Sexually Oriented Businesses; Auditorium or Stadium; Parking Area, Commercial; Pawnshop; Recycling Collection Stations; Recycling Processing Centers; Reverse Vending Machines; Construction Sales and Services; General Animal Care; Hotels or Motels; Recreational Marine Facilities; Monument Sales; Assisted Living; Group Homes; Group Residences; Cemeteries; Golf Courses; Hospitals; General Printing and Publishing; Secondhand Store; Service Stations; Outdoor Vehicle and Equipment Sales; Vehicle Repair; Self-Service Storage Warehouses; Car Wash Facilities; Correctional Facilities and/or Correctional Placement Residences; Manufacturing, Limited; Manufacturing, General; Warehousing; Welding or Machine Shop; Agricultural Research; and Agricultural Sales and Service. B. Amendments, adjustments or interpretations to this P.U.D. shall be done in accordance with the Unified Zoning Code. C. The development of this property shall proceed in accordance with the development plan as recommended for approval by the Planning Commission and approved by the Governing Body, and any substantial deviation of the plan, as determined by the Zoning Administrator or the Director of Planning, shall constitute a violation of the building permit authorizing the proposed development.  Agenda June 19, 2019 3 D. The architectural character of buildings shall be consistent with the existing structures. Prior to issuance of building permits, architectural renderings shall be submitted to the Director of Planning for final approval. 2. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #65 LOML Commercial Planned Unit Development (PUD) has special conditions for development on the property. 3. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. 7. ZON2019-00018 Dave Yearout, Metropolitan Area Planning Department, will present a request for a change in zoning from SF-5 Single-Family Residential District (SF-5) to TF-3 Two-Family Residential (TF-3). This includes the southern portion of the Northgate Addition containing 28.459 acres, Generally located on the west side of North Meridian Avenue and approximately ¼ mile north of West 53rd St. N. The applicant is also seeking a Conditional Use to permit soil extraction to make a larger water feature within the subdivision immediately to the north of the property subject to the rezoning. The entire area will be included in a replatting that is being considered at this time (SUB2019-00029). The rezoning will allow the development of this area for two-family residential dwellings similar to what is occurring on the property to the east; which was replatted as Northgate 2nd Addition and rezoned to TF-3 Two-Family Residential in 2016 (ZON2016-00019). That case also included a modification to the Northgate Commercial Park CUP (DP-299) by removing that area from the CUP and removing the LC Limited Commercial (LC) zoning that applied to the land that was replatted for duplex development. The area surrounding this property is mostly undeveloped, but transitioning into urban uses. As noted above, the property immediately to the east is under development of duplexes. To the southeast is commercial development of a Walmart. To the southwest is a residential development on property zoned SF-20 Single- Family Residential consisting of 1-acre lots in the Denton McWorter Addition, which was recorded with the Register of Deeds on April 24, 1951. The property to the south is vacant, zoned LC Limited Commercial and a part of the Northgate Commercial Park Community Unit Plan (DP-299). The land to the north is vacant and part of the Northgate Addition, but is in an attendant case with this rezoning (CON2019-00019) which is requesting approval of a soil extraction operation to enlarge the pond area. That land will be included with the subject property in a replatting to accommodate the new design for development. Recommended action: Staff recommends the requested rezoning change from SF-5 Single Family Residential to TF-3 Two-Family Residential be APPROVED. 8. CON2019-00019 Dave Yearout, Metropolitan Area Planning Department, will present a request for a conditional use permit to allow “mining and quarrying” for soil extraction as part of the development of the redesigned Northgate Addition presently being replatted (SUB2019-00029). The site plan shows the portion of the subject property to be excavated for a water feature and/or drainage retention area. The overall area will be developed for single-family homes based on the proposed replatting. The site plan does not conform to the preliminary plat submitted for the replat. Staff believes the site plan for the excavation should follow the preliminary plat design. The area surrounding this property is mostly undeveloped, but transitioning into urban uses. The property immediately to the east is unplatted and is occupied by a single residence on approximately 10 acres. To the southeast is Northgate 2nd Addition being developed with two-family residences. To the southwest is a  Agenda June 19, 2019 4 residential development on property zoned SF-20 Single-Family Residential consisting of 1-acre lots in the Denton McWorter Addition, which was recorded with the Register of Deeds on April 24, 1951. The property to the south is included in the replatting noted above and included in the rezoning to TF-3 (ZON2019-00018). The land to the north is part of the Northgate Addition and is zoned SF-5 Single-Family Residential. Recommended Action: Staff recommends the requested conditional use for “mining and quarrying for soil extraction” be APPROVED, subject to the following: 1. The site plan shall be modified to conform to the design in the proposed Northgate 3 rd Addition for the subject property and the extraction operation shall proceed in accordance with the revised site plan to be approved by the Planning Commission. The perimeter of the excavation shall conform to the approximate size and shape indicated on the approved site plan. To assist in the enforcement of the site plan, a copy of the approved site plan shall be posted on the site. 2. The excavation operation shall abide by the rules and design set forth in the Federal Aviation Administration Advisory Circular FAA AC150/5200-33 “Hazardous Wildlife Attractants On or Near Airports” to prevent attracting any hazardous wildlife. 3. The proposed development as shown in the proposed Northgate 3rd Addition (SUB2019-00029) submitted by the applicant shall be followed. Any modification or proposed change in uses after the conclusion of the extraction operation shall be submitted to the Planning Director for review and a recommendation to the Planning Commission as to whether or not the development plan is compatible with surrounding land uses, the Comprehensive Plan or other plans or policies being utilized by the City or County. 4. Adjacent to the perimeter of the excavation area, a minimum 48-inch high, five strand barbwire fences shall be constructed prior to the beginning of any extraction operation and shall be maintained at the locations depicted on the approved operational plan. The posts shall not be set more than 50 feet apart. 5. Sufficient overburden material shall be retained in the area of extraction to grade and construct the banks so they are formed with overburden material rather than sand. 6. The owner of the property shall be responsible for minimizing blowing dust from the site. To minimize blowing soil, overburden shall not be removed more than six months in advance of the excavation area being expanded, per the operational plan, unless the ground is covered within the next planting season with a perennial drought-resistant grass or combination of which will permit the establishment of sod cover to help prevent erosion. As part of the required operational plan, the site shall be divided into at least two distinct areas for the purpose of showing phased excavation over time. 7. All slopes shall have vegetative covering consisting of a perennial drought-resistant grass or combination of grasses that will permit the establishment of sod cover to help prevent erosion. 8. To provide for bank stabilization and safety of future uses, the side slopes of the extraction shall be no steeper than four horizontal to one vertical. 9. The applicant shall submit a restrictive covenant to the Planning Department in a form satisfactory to the city legal counsel, prior to the commencement of any extraction providing that no foreign matter, such as rubbish, trees, car bodies, etc., shall be deposited on the application area or within the extraction area. 10. The storage of equipment or stockpiling of sand or overburden is not permitted closer than 100 feet to any public right of way, or closer than 50 feet to any property line.  Agenda June 19, 2019 5 11. Nothing in the approval of a Conditional Use shall be construed to permit a contractor’s material and equipment storage yard. Within 60 days after completion of the extraction operation, the land surrounding the excavation pit shall be properly graded and planted with a vegetative cover. Also, all stockpiled material and related excavation equipment shall be removed from the subject site. 12. The Conditional Use for the extraction operation shall be valid for a period of 10 years. 13. Hours of operation for extraction shall be limited to 7:00 a.m. to 7:00 p.m. six days a week. Sunday operations are prohibited. 14. The applicant shall make the site available to the Sedgwick County Department of Environmental Resources for the installation and management of groundwater monitoring wells. 15. Any on-site storage of fuels or chemicals must be approved by the City of Wichita Fire Department. 16. A drainage plan shall be submitted to and approved by City of Wichita Public Works prior to starting the extraction operation. All of the area included in the extraction operation shall be graded in accordance with the approved drainage plan. The extraction area shall be developed so as to not become a wetland area. 17. All operational roads shall be maintained in a sand or graveled condition and shall be treated with water or other acceptable dust retardant to minimize blowing dust. 18. All applicable local, state, and federal permits necessary for the extraction operation and for flood plain development shall be obtained and maintained. 19. If the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator may, with the concurrence of the Planning Director, declare the Conditional Use null and void. Upon the receipt of a complaint that is determined to be a violation of the conditions of approval, the applicant shall be notified of the complaint and have 72 hours to contact zoning enforcement to address the complaint. Failure to address the validated complaint may lead to additional enforcement efforts. 20. Within 60 days of final approval, the applicant shall file with the county register of deeds a document that provides notice that the property is subject to the development standards contained in Conditional Use 2019-00019. 9. Issues of Concern DAB members have the opportunity to ask questions regarding City topics and identify issues of concern to be addressed. Recommended Action: Receive and file. 10. Neighborhood Reports DAB members may report events/activities from the neighborhood/homeowners groups in their areas. Recommended Action: Receive and file.  Agenda June 19, 2019 6 UPDATES FROM COUNCIL MEMBER The next DAB VI meeting will be held at 6:30 p.m. on July 1st, 2019, at the Evergreen Library, 2601 N. Arkansas, Wichita, KS 67204. ADJOURN