District 6 Advisory Board

District VI Advisory Board Minutes www.wichita.gov Wednesday Evergreen Branch Library Aug. 21, 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 4 District Advisory Board members, the Council Member, 2 staff members and 11 members of the public in attendance. Members Present Staff Present Gregory Boyajian Dave Yearout, Metropolitan Area Planning Bill Longnecker Janet Johnson, Office of Community Services Denise O’Leary-Siemer Joel Weihe Council Member Cindy Claycomb Members Absent Guests James Deckard Listed on last page Angela Martinez Linda Matney Gisela Pena Shaun Rojas Order of Business Council Member Cindy Claycomb called the meeting to order. Minutes from the Aug. 5, 2019, meeting were not approved due to lack of a quorum. Public Agenda Dan Warren addressed the DAB about the dangers caused by dust from unpaved streets. He said there are a lot of children now riding City buses that travel on dirt streets and it’s dangerous. He said Public Works now uses a special treatment on dirt roads around 22 schools and it works very well. He would like to see that treatment used on all dirt streets in the city. New Business ZON2019-00031 Rezoning from LC Limited Commercial to GC General Commercial Dave Yearout, Metropolitan Area Planning Department, will present a request for GC General Commercial zoning on a 0.49 platted acre located two blocks east of North Broadway Avenue on the north side of East 13th Street North at 502-508 East 13th Street. The subject site is currently zoned LC Limited Commercial, and has a non-operational car wash on the property. The applicant wants to convert the existing car wash structure into four storage units and add 10 more storage units and two office units. There will be limited outdoor storage allowed on the site. P. Jeff Pritchard is the owner and K.E. Miller Engineering, Kirk Miller is the Agent. Properties north and south of the site are zoned TF-3 Two-Family Residential and are developed with single-family dwellings. Property east of the site is zoned LC and is developed with single-family dwellings. Other property east of the site is zoned GC and developed with stand-alone retail sales with some outdoor storage. West of the subject site is zoned LC and is the Adeline Apartments, which are listed in the Register of Historic Kansas Places and the National Register of Historic Places. The property was platted in 1886 as the Eagle Addition. The property was included in the Midtown Neighborhood Plan, which was adopted in 2004. The property south of the subject site is located in the Topeka Emporia Historic District, which is listed in the Wichita Register of Historic Places, the Register of Historic Kansas Places and the National Register of Historic Places. Blake Schlyer, business owner, explained that he wants to create a self-storage business to be utilized by small businesses, primarily those in the trades’ field such as contractors, plumbers, etc. This would include inside and outside storage as well as office space. DAB members DAB members had a number of questions, many of which could not be answered with certainty, and found the concept difficult to grasp without an accurate site plan. There are a lot of unknowns at this point in the process. There were questions on the fencing requirements, on the number of units, setbacks, sidewalks and gates. Siegfried Snyder, nearby resident, expressed opposition stating as you move away from residential zoning, it has a negative impact on the neighborhood. He was concerned that the property and the landscaping would not be properly maintained. He also cited graffiti and illegal dumping as ongoing issues, occurring even after the property changed ownership. Lois Snyder, nearby resident, said she has lived in her house for almost 40 years and that most of the houses in the area are historic. She said historic homes and shipping containers aren’t a good mix. She also talked about the investment that she and her husband have made, not only in their home, but in the neighborhood as well. She said a self-storage business doesn’t add value to the neighborhood. Walter Wattman, nearby resident, said he didn’t understand what portion of the property was going to be storage and what part was going to be offices. He said he couldn’t understand exactly how the property was going to be used and he wonders about the applicant’s business model. Schlyer stated he is still working through a lot of the details with the Planning Department, but he thinks having a viable business in this location will cut down on the crime and illegal dumping. He said he went through the Midtown Neighborhood Plan page by page and is doing everything he can to comply with it. Discussion was brought back to the Board and the members talked through various options such as LC with a condition use vs. GC, parking requirements, etc. Action Taken: Boyajian/O’Leary-Siemer made a motion to recommend that MAPC approve the request with a 10th item added to the protective overlay, that the height of anything in outdoor storage cannot exceed the height of the screening. Motion passed 3-1. (This vote does not constitute a quorum) The nine items recommended by staff for the protective overlay include: 1. Allowed uses shall be limited to those in LC Limited Commercial zoning district and Warehouse/Self-Storage and Construction Sales and Service. 2. The applicant shall provide solid screening and a 10-foot landscape buffer along the line setback. A landscape street yard be provided along North Emporia in the 15-foot building setback to provide a buffer to the historic property located across Emporia. The applicant shall submit a landscape plan for approval by the Director of Planning prior to the use of the property as warehouse/self-storage or construction sales and service. 3. The applicant shall provide security gates at both entrances on North Emporia and the entrance off the existing alley on the east side of the property. An emergency access drive shall be approved by the Planning Director and the Fire Marshall prior to use of the property as warehouse/self-storage or construction sales and services. 4. All signs shall be limited to signs that would be allowed in the “LC” Limited Commercial Zoning District; no LED, off-site signs or portable signs will be permitted. 5. Security lighting shall be limited to light fixtures on light poles not exceeding 15 feet in height. All such lighting shall have timers with cut-off switches. All light fixtures shall be shielded and designed to direct light away from adjacent properties. 6. Container units must be clean of dirt and rust. Containers will be painted with an appropriate elastomeric-type product appropriate for metal surfaces. The color palette is to be predominately earth-tones with bright colors for accent only. 7. No sound projecting devices or loudspeakers shall be used on-site. 8. All outdoor storage on the site shall be screened from abutting properties and streets. 9. A revised site plan detailing all of the above requirements shall be submitted for approval by the Director of Planning prior to use of the property for warehouse/self-storage or construction sales and service. ZON2019-00030 and CON2019-28 Rezoning from B Multi Family and GO General Office to LC Limited Commercial and Conditional Use for Outdoor Vehicle Sales Lot Dave Yearout, Metropolitan Area Planning Department, will present an application seeking to rezone both the lot at the southeast corner of East 13th Street North and North Market Street (215 East 13th Street North) and the lot at the southwest corner of East 13th Street North and North Broadway Avenue (221 East 13th Street North) to LC Limited Commercial (LC) and obtain a conditional use permit to operate an outdoor vehicle sales lot on both properties. This application was filed in response to the denial of the attempt to rezone the single property at the southeast corner of East 13th Street North and North Market Street (215 East 13th Street North) to GC General Commercial (GC) to permit that lot to be used as an outdoor vehicle sales lot (Case No. ZON2019-00001). That case was denied by the City Council in April of 2019. Sandra Luz and Mireles Chavez, and Steven Enterprises, LLC are the owners and Robert W. Kaplan is the Agent. Mr. Chavez (applicant) currently operates the vehicle sales lot at East 13th Street North and North Broadway Avenue (221 East 13th Street North) owned by Steven Enterprises, LLC. That property is presently zoned GO General Office and the existing vehicle sales operation is a non-conforming use. That property was down-zoned during the adoption of the Midtown Neighborhood Plan in 2004, creating the non-conforming use. Prior to the adoption of the Midtown Neighborhood Plan, that property was zoned LC Limited Commercial and was granted approval for a car sales lot through Case No. BZA 14-85. The applicants have submitted a proposed site plan indicating how the properties would be used. A copy of the proposed site plan is attached. The requirements of the Unified Zoning Code relative to off-street parking to the subject properties, based on the proposed use, will mandate a total of five parking spaces to be provided if the properties are operated solely as a vehicle sales lot. The proposed site plan shows a total of only four parking spaces to the east of the existing building at 221 East 13th Street. The proposed site plan calls for all the property on the southeast corner of 13th and Market to be designated for vehicle display area. Staff will not support that use given the City Council just denied the rezoning for that use earlier this year, as noted above. Staff will support use of the property at 215 East 13th Street North as off-street parking for the vehicle sales lot. Additionally, the conditions granted by BZA 14-85 applicable to the outdoor vehicle sales operation at 221 East 13th may not be in compliance with the existing operation. As noted in that approval (copy of BZA action attached), there were to be a maximum of 17 vehicles stored and displayed, plus a minimum of four off-street parking spaces. If granted, the intent will be for this conditional use to supersede BZA 14-85 with conditions as noted herein. All the property north of East 13th Street North between North Market Street and North Broadway Avenue is zoned LC Limited Commercial. The property at the northwest corner of East 13th Street North and North Broadway Avenue is used at an outdoor vehicle sales lot. The property at the northeast corner of East 13th Street North and North Market Street is occupied by a convenience store/gas station. The property at the southwest corner of East 13th Street North and North Market Street is zoned LC Limited Commercial and occupied by an office building. The land to the south of the subject properties are zoned B Multiple-Family Residential along Market Street and zoned LC Limited Commercial along Broadway Avenue, with single- family residences on both lots. The property on the east side of North Broadway Avenue and south of 13th Street is zoned TF-3 Two-Family Residential and occupied with a church. Recommended Action: Staff recommends approval of the application to rezone the subject properties to LC Limited Commercial be approved; but the conditional use be approved subject to the following revisions to the site plan and compliance with the following conditions: 1. The entirety of the property at 215 East 13th Street North (Lot 1245 on Market, Bush’s Addition to Wichita) shall be restricted to use as an office and off-street parking only and no vehicles shall be displayed or stored that are associated with the sales lot at 221 East 13th Street North. 2. The existing screening fence along the south property line of the lot at 215 East 13th Street shall be removed or replaced with material that complies with permitted fencing materials of the Unified Zoning Code Section IV-B.4.h. 3. The owners shall be responsible with complying with the landscaping ordinance for the property at 215 East 13th Street including removing paving materials as needed to create a landscaping buffer along the south property line. 4. The applicant shall submit a revised site plan to be approved by the Director of Planning that is in compliance with these conditions and the requirements of the Unified Zoning Code and the Landscape Ordinance within 60 days of approval and prior to use of the property as parking for the vehicle sales lot. 5. All conditions of the Unified Zoning Code, Section III-D.6.x. for outdoor vehicle and equipment sales shall be in effect and following conditions shall apply to the property at 221 East 13th Street: a. Location shall be contiguous to a major street as designated in the Transportation Plan adopted by the Governing Bodies, and as amended from time to time. b. Visual screening of areas adjacent to residential zoning districts shall be provided to protect adjacent properties from light, debris and noise and to preserve adjacent property values even when the change in use to Vehicle and Equipment Sales replaces a previous use that is of equal or greater intensity. In no case shall screening be less than that required by Sec. IV- B.1-3. c. All parking, outdoor storage and display areas shall be paved with concrete, asphalt or asphaltic concrete or any comparable hard surfacing material. Parking barriers shall be installed along all perimeter boundaries abutting streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles do not encroach onto public street right-of-way. d. The lighting shall be in compliance with the lighting requirements of Sec.IV-B.4. No string-type or search lighting shall be permitted. e. The noise levels shall be in compliance with the compatibility noise standards of Sec. IV- C.6. Outdoor speakers and sound amplification systems shall not be permitted. f. No repair work shall be conducted except in an enclosed building, and further provided that no bod or fender work is done. g. Only those signs permitted in the LC Limited Commercial District shall be permitted on this site, except that no portable, flashing, moving or off-site signs shall be permitted and no streamers, banners, pennants, pinwheels, commercial flags, bunting or similar devices shall be permitted. h. There shall be no use of elevated platforms for the display of vehicles  6. This conditional use approval shall supersede BZA 14-85. 7. If the Zoning Administrator finds there is a violation of any provision or condition of the Conditional Use, or any other provision of the Unified Zoning Code (UZC), the Zoning Administrator shall enforce all remedies of Section VIII of the UZC, and with the concurrence of the Planning Director, declare the Conditional Use null and void. Denise O’Leary-Siemer expressed concern that the area designated for parking only could easily be used to store vehicles for sale and enforcement inspectors would have a difficult time determining if this was occurring. Robert Caplan, agent for the applicant, told the Board that he and his client were willing to accept the staff recommendation and the conditions. Mikel Callstrom, nearby resident, brought up what he thought were some MABCD violations. Yearout said they aren’t violations because the property is still zoned multi-family. O’Leary-Siemer also pointed out this request is in conflict with the newly adopted Places for People Plan and Bill Longnecker noted that it’s also in conflict with the Midtown Neighborhood Plan. Action taken: Weihe/Longnecker made a motion to recommend that MAPC accept the staff recommendation. Motion was tied at 2-2. (This vote does not constitute a quorum.) Updates from Council Member Council Member Claycomb reported:  Neighborhood Night Out, held on Aug. 13, was a big success and she visited several parties.  Work is being done on filling the District VI CSR vacancy  Reminded people to use Access Wichita  Council approved N. Meridian and 53rd St. zoning case from SF to two family, 7-0  Council approve Delano Plan and Ballpark Village Master Plan 7-0  Council approved 255 N. Sabin zoning case from SF to two family  The percent for Art that was presented at the last meeting was approved as a part of the budget process. The percentage hasn’t been determined, but the concept was approved ADJOURN The next DAB VI meeting will be held at 6:30 p.m. on Sept. 9, 2019, at the Evergreen Library, 2601 N. Arkansas, Wichita, KS 67204. Guests Robert Kaplan Mike Callstrom Dan Warren Marcia Schroeder Deb Miller Blake Schlyer Mr. Chavez Walter Wattman Siegfried Snyder Phillip Fraser Lois Snyder