District 6 Advisory Board

District 6 Advisory Board Minutes Monday Evergreen Branch Library Feb. 3, 2020 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 11 District Advisory Board members, the Council Member, 9 staff members and 10 members of the public in attendance. Members Present Staff Present Gregory Boyajian Kathy Morgan, Metropolitan Area Planning Bill Longnecker Ana Lopez, Community Services Representative Denise O’Leary-Siemer Officer, Patrol South Shaun Rojas Officer Mike Johnson, Patrol West, Beat 11 Linda Matney Officer Steven Thornton, Patrol North, Beat 49 Sergio Devora-Najera 4 Firefighters Melinda Kellogg James Deckard Gisela Pena Joel Weihe Angela Martinez Council Member Cindy Claycomb Members Absent Guests None 10 members of the public. ORDER OF BUSINESS Council Member Cindy Claycomb called the DAB 6 February 3, 2020 meeting to order. STAFF PRESENTATIONS 1. Community Police Report Officer Mike Johnson reminds residents to lock firearms, as there has been an increase in stolen guns City wide. He reports that there has also been an increase of missing auto tags especially among vehicles owned by senior citizens. Patrol West is able to install tag screws on those who might be at risk. Matney asked if these are available to the public. Officer Johnson replied that they have limited quantities, and they are focusing on proving those to seniors. Officer Steven Thornton reports that crimes decreased in District 6. He mentioned that it is important not to leave vehicles running and unattended. Recommended Action: Receive and file 2. Fire Department Report Incident overview for District 6: 34 Fire Alarms, 52 Service Alarms, 459 Medical alarms. Wichita Fire Department recommends having fireplaces inspected one a year, and checking fire detectors on a regular basis. The recommendation is to close doors to bedrooms that could potentially provide more time to escape in case of a fire.  District 6 Advisory Board 2 Minutes for February 3, 2020 It is also very important to be mentally prepared, to have an exit plan and to practice it. Recommended Action: Receive and file 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. 3. Scheduled items: None 4. Off-agenda items: None NEW BUSINESS 5. ZON2019-00059 - Rezoning from SF-5 Single-Family Residential to TF-3 Two-Family Residential for four duplexes (eight dwelling units). Kathy Morgan, Senior Planner, Metropolitan Area Planning Department, will present an application on behalf of Nguyen Nha Ngoc, Joe Weible (owners) Jerrome Castillo (contract purchaser) / KE Miller Engineering/Kirk Miller (Agent) for a rezoning request of the west part of 3318 W. 9th Street (0.31 acre) and 1003 North Sheridan Avenue from SF-5 Single Family Residential (SF-5) to TF-3 Two-Family Residential (TF-3). The properties are currently unplatted. The west part of the lot addressed as 1003 N. Sheridan Avenue is unimproved and 3318 W. 9th Street has a substandard vacant single family dwelling occupying the lot. The property owners have a contract purchaser that will plat and redevelop the property with four duplexes (eight units) contingent upon the requested zone change (see attached site plan). RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, as submitted. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties north, south, east and west of the subject site are zoned SF-5 and are developed with single-family residences. There is B Multi-Family zoning district 900 feet south of the subject site and LI Limited Industrial zoning district 740 feet southwest of the subject site. There is scattered TF-3 zoning within 1,500 feet in all directions. 2. The suitability of the subject property for the uses to which it has been restricted: The property is presently zoned SF-5 Single Family Residential and the property could be developed with new single-family residences if was platted. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The development standards of the Unified Zoning Code will mitigate any detrimental effects on nearby properties. 4. Length of time the property has been vacant as currently zoned: The west part of 3318 W. 9th Street has been unimproved since the main residence was built in approximately 1950. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is located as appropriate for residential uses within the Wichita city limit. This includes development of duplexes.  District 6 Advisory Board 3 Minutes for February 3, 2020 6. Impact of the proposed development on community facilities: Development of the property would not have any impact on community facilities or resources. All public improvements are available to serve the property. The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to express their concerns. After the presentation by Senior Planner, Kathy Morgan, the following questions were asked by DAB 6 Board Members: DAB Member – What is the parking available for the development? Morgan – I have an updated site plan that shows how parking is going to work out. DAB Member – Will the duplexes have a car garage? Morgan - Yes, it will be a single car garage per duplex. DAB Member - There will be parking in the driveway and one in the garage, taking care of the minimum requirements for parking. Morgan - Parking is required to be onsite and can’t claim street parking. Council Member Claycomb - Where would the driveways would be located? Morgan - Two duplexes will have driveway access from Gow Street and two from 9th Street. Council Member Claycomb asked if there are further questions from the board. None. Greg Boyajian 3325 W. 9th Street presents in opposition to ZON-00059. Factors of discussion are character of neighborhood, suitability of the application area, detrimental impact to adjoining properties, impact on community facilities and neighborhood opposition. DAB Member – What is the flood impact? Boyajian -The duplexes and driveways will take more ground cover and aggravate run off. DAB Member – Drove thought the area and at the intersection of 10th and Sheridan there is the new duplex development in the area, and it’s on a pretty tight lot. Boyajian - District Advisory Board approved that case because of another nearby property was zoned for duplex within 100 feet from it. That duplex was built on a single property, it’s well hidden and blends in with the properties. The duplex was built outside of the protest area and nearby residents did no not know how to protest if they wanted. DAB Member – It is a very tight site for duplexes. DAB Member- Greg would you be opposed if only one duplex was built on that site. Boyajian – Yes, because it would set precedence for future developments. Robert Edington and Chandovane Edington, 1040 N. Gow, spoke in opposition. Ashley Igo, 1003 N Gow 9th and Gow, spoke in opposition. Angela Tiger, 1023 N. Gow, spoke in opposition. DAB Member - What is the percentage of property owners in opposition for this case?  District 6 Advisory Board 4 Minutes for February 3, 2020 Morgan – I only had a couple phone calls from nearby residents. DAB Member – Is that a surprising amount of opposition. Morgan – No not really, this is something that is happening in other Districts as well. I would like to emphasize that this case is going to be heard by MAPC this Thursday, February 6 at 1:30 pm. Tiger- Everybody works at that time. Morgan – A way that property owners can voice their opinions is by filing a valid protest petition. This can be filed after the MAPC hearing and within 14 days. Tiger- Why would I file a protest petition after it’s been approved? Morgan – The case is not finalized by MAPC. MAPC makes a recommendation to City Council. Tiger- I have lived in my neighborhood 15 years, why do you have the right to come into the neighborhood and tell us what we need to do. Council Member Claycomb - It is your neighborhood but the property in question is not your property. MAPC hears the case and does not have final say. Everybody has the opportunity to file a protest petition. DAB Member - This is a standard procedure for any property in the City of Wichita. DAB recommends, MAPC hears and it goes to City Council. Ana Lopez – If property owners are not able to attend MAPC meeting, one way you can voice your opinion by email or letter. Correspondence is forwarded to Commissioners and taken into consideration. Morgan - You can do that, however that would not replace filing a legal protest petition. If you have any questions about how to file the protest petition you can call my office and we will answer your questions. DAB Member – It only takes 20% of protest petitions of the area to require a majority vote from City Council. Duplexes are recognized to have the same density of a single family residence. Morgan - Agent for the applicant is present to answer any questions. DAB Member - Would like to hear form the agent. Kirk Miller, MKEC – Stands for questions. DAB Member – Will the duplexes have shared or separate drives? Miller - There drives will be shared and they will have their own garage. DAB Member – If they are sharing drives there will be six cars per building and parking requirements are met. Asked about the design materials for the building. Miller – I do not know what materials will be used. The duplexes will be two bed per unit with a cost of $200,000 per building. DAB Member – Was the Urban Infill study referred to for this case? Morgan – The Urban Infill study is part of the consideration when staff makes recommendation about zone cases. DAB Member – The study emphasizes that any additions should be in character of what is in the neighborhood Morgan - Yes there is reference to that.  District 6 Advisory Board 5 Minutes for February 3, 2020 DAB Member – Is there any yard space available for the units? Miller – There will be some yard space and does not know about fencing. DAB Member – Removal of trees will be required with the building of the properties. Does the applicant plan to replace those trees? Miller – That would be up to the builder. I can’t answer that. Edington - Will the duplexes be for rent or will they be sold. Miller – I believe they are for rent. Edington – What would be the estimated rental price per unit? Miller – I do not have that answer. CM Claycomb – It was mentioned that the price for each unit is about $100,000 in construction. Miller- That is correct, it will be $800,000 for the whole project. Edington – What will hey do to the value of the existing homes? If the values increase how much will the tax go up? I know that in the upcoming years if the value goes down the taxes wont. Morgan – That is difficult to answer, however each year citizens have the opportunity if a new construction happens in the neighborhood and affects the appraisal of your home, you have the right to go to the appraiser’s office and say that the price is not comparable. Tiger – Will the unit be on city water or on a water well. Morgan – The property will have utilities both water and sewer. Tiger – How does that work, because I don’t have city water? Morgan – The property owner has to agree to pay a fee to be connected to these utilities. Morgan – Will the property have a management office or who would residents get in contact with in case of any complains? Miller – I don’t have an answer to that question. CM Claycomb – Does the Board have further questions? – None. DAB Member Grey Boyajian makes a motion to deny staff’s recommendation. Morgan – Mr. Boyajian must abstain from vote because he made a presentation against. DAB Member O'Leary-Siemer moves a motion to deny staff’s recommendation because the proposed land use is not in character with the surrounding neighborhood, the site is a risk for flooding and does not have enough green space. DAB Member Kellogg seconds the motion. Action Taken: O'Leary-Siemer made a motion to DENY staff’s recommendation. The motion was seconded by Kellogg. DAB Member Greg Boyajian abstained. MOTION PASSED 7-3-1  District 6 Advisory Board 6 Minutes for February 3, 2020 6. 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. 7. Neighborhood Reports DAB members may report events/activities from the neighborhood/homeowners groups in their areas. Gisela Pena announced the grand opening of Plaza Azteca, 2557 N. Shelton Street, Wichita, KS on Saturday, February 8, 2020 at noon. 8. Updates from Council Member Council Member Claycomb – I would like to recognize Angela Martinez who received an award from the Kansas House of Representatives on January 30, 2020 in honor of her dedication in coordinating events and celebrating the Hispanic Culture. The next DAB VI meeting will be held at 6:30 p.m. on Mar. 02, 2020, at the Evergreen Library, 2601 N. Arkansas, Wichita, KS 67204. ADJOURN