District 6 Advisory Board
Regular MeetingWichita, KS · June 17, 2020
Minutes
District 6 Advisory Board Minutes
Wednesday, June 17, 2020 • 6:30 p.m.
Virtual Meeting
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Order of Business
The District 6 Advisory Board meeting was held online at 6:30 p.m. via the GoToMeeting platform.
Council Member Cindy Claycomb, eight DAB members, two City staff, and six members of the public
were present.
Members Present Staff Present
Linda Matney Philip Zevenbergen, Associate Planner,
Sergio Devora-Najera Metropolitan Area Planning Department
Melinda Kellogg
Scott Lucas Ana Lopez, Community Services
Bill Washburn Representative, City Manager’s Office
James Deckard
Angela Martinez
Greg Boyajian
Alayna Welch (Youth)
Members Absent
Bill Longnecker
Gisela Pena
Shaun Rojas
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Public Agenda
1. Scheduled Items
There are no scheduled Public Agenda items this month.
2. Off-Agenda Items
Any individual present that did not request to speak on the Public Agenda prior to the meeting may speak
at this time.
Action Taken: Received and filed.
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New Business
DAB 6 • June 17, 2020 • Minutes • Page 1
3. ZON2020-00015 and CUP2020-00017
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an
application on behalf of South Harbor, LLC / Harbor Properties, LLC (Applicant) / Baughman Company
c/o Russ Ewy (agent) for a rezone request from SF-5 Single Family Residential, SF-20 Single Family
Residential, and MF-18 Multi-Family Residential with CUP DP-94 to LC Limited Commercial, and CUP
DP-355: Harbor Isle Commercial 1 Community Unit Plan. (North of I-235 and on the east of North
Meridian Avenue)
The Metropolitan Area Planning Commission public hearing for this item will be on June 18, 2020.
ZON2020-00015 and CUP2020-00017 Staff Report:
https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-17%20DAB%206%20ZON2020-
00015%20and%20CUP2020-00017%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was prepared it
is recommended that the request for GC General Commercial be APPROVED, subject to the following
conditions:
1. The Development Guidelines shall be modified to read in accordance with the attached
recommendation.
2. The site shall be developed in substantial conformance with the revised development guidelines
and general provisions of the approved CUP.
3. The applicant shall record a CUP certificate with the Register of Deeds indicating that this tract
(referenced as DP-355: Harbor Isle Commercial 1 Community Unit Plan has special conditions for
development on the property. A copy of the recorded certificate along with four copies of the
approved CUP shall be submitted to the Metropolitan Area Planning Department within 60 days
of final approval to the Metropolitan Area Planning Department or the amendment shall be
deemed null and void.
The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to
express their concerns.
After the presentation by Associate Planner, Philip Zevenbergen, the following questions were asked by
DAB VI Board Members:
Bill Washburn, Sherwood Glen is a neighborhood that has a tremendous amount of interest and concern
over drainage into that Woodward Creek because of a history of flooding in that area prior to the big pump
station. I would like to fully understand what the planning process is when drainage gets addressed. How
would residents get involved, and get more information during the process?
Zevenbergen, I can take down contact information and send it to Neil Strahl who works with subdivision
through the plots that come in to Planning Department. Anybody who is interested can get notified when
the, plat comes in for review.
Washburn, has there been any concerns from neighbors in Harbor Isle?
Zevenbergen, no, the only concerns that we have received, are those neighbors to the south of the
highway.
Brad Bachman, the neighbor’s form Moorings and Harbor Isle have a very positive reaction, and are
excited about having development in the area.
DAB 6 • June 17, 2020 • Minutes • Page 2
Zevenbergen, between the residential development and this commercial development there will be a large
pond.
Gregory Boyajian, is there a particular item from that, which will be used in the area that's going to be
plotted?
Zevenbergen, General Commercial. The agent for the applicant might be able to address that question.
Russ Ewy, Baughman Company, we felt like that although it's a separate developer that particular
property, most likely would have more of your retail orientation. Looking at the general Commercial zoning
district will provide the ability to do more office warehouse, self-storage, contractor sales and service. Those
uses that are heavier commercial type and have less of a retail, less of a traffic impact backed up in that
neighborhood where visibility from the highways isn't necessary. Most of the zoning cases that we've had
over the years dealt with the constraint of the Seneca Street Bridge. Now that KDOT has opened up that
access point, all the uses that we have talked about over the last 20 years become available and more
practical for this property. A lot of developers, especially the near term development most likely will surface
drain into the lake. The water doesn't go south, it goes to the north-east, towards the riverbed.
Scott Lucas, are there any traffic constrains?
Ewy, the peak hours of the development is not going to line up with the more intensive truck traffic. So
oftentimes we see that phased approach to traffic. We have plenty of capacity on meridian, almost an ideal
location for traffic capacity.
Council Member Claycomb asked if there are further questions or comments from the board. None.
Questions or comments from the audience. None.
Action Taken: James Deckard made a motion to APPROVE staff’s recommendation. The motion was
seconded by William Washburn.
MOTION PASSED 8-0
4. ZON2020-00016
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an
application on behalf of Progressive Opportunities, LLC (Owner) and Abbott Land Survey, Chad Abbott
(Agent) for a rezone request from SF-5 Single Family Residential (SF-5) to TF-3 Two Family Residential
(TF-3), generally located west of Zoo Boulevard and north of West Central Avenue in the 700 Block of
Kessler Street (792 N. Kessler Street)
The Metropolitan Area Planning Commission public hearing for this item will be on June 18, 2020.
ZON2020-00016 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-
17%20DAB%206%20ZON2020-00016%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was completed,
staff recommends APPROVAL of the request, with a Protective Overlay #350 as follows:
1. The following conditions shall apply to ZON2020-00016:
a. Garages. The garage face shall occupy no more than 50 percent of the ground-level
façade facing the street and may not project more than five feet in front of the main
facade.
b. Corner lot Duplexes. Duplexes located on corner lots shall place pedestrian entries on
opposite street frontages so that the structure appears to be a single-family dwelling.
DAB 6 • June 17, 2020 • Minutes • Page 3
c. Entrances. Pedestrian scaled entry shall be a prominent feature of the front
elevation. Front doors shall be oriented to the street in front of the units.
d. Architectural Variety. Developments shall achieve architectural variety by
accommodating a variety of architectural styles that are compatible or consistent with the
surrounding neighborhood, variation of the same architectural style, and through the use
of multiple design elements. Duplicative house designs adjacent to each other are highly
discouraged. Simple reverse configurations of the same house design on adjacent lots
are not sufficient to meet this standard.
e. Windows and Transparency. Transparent windows and/or doors facing the street are
required. To meet this requirement, at least 10 percent of the façade must be
transparent. The façade is measured from the base of the house to the start of the
roofline and any other vertical walls facing the street, except for gabled portions of the
facade not containing livable floor area. Garages facing the street shall count as part of
the façade.
f. Roof Design. Roofs shall have variation in roof planes in order to break up the large roof
mass through dormers, gables, or changes in elevation. Roof forms and roof pitches of
porches, dormers and garages shall be consistent and complement the building style
within the neighborhood.
g. Siding materials. Siding materials shall be appropriate to the architectural style of the
structure. Traditional materials consistent with the neighborhood architectural styles are
encouraged such as wood, masonry and brick. Siding materials and window trim should
be consistent on all sides of the structures.
h. HVAC. HVAC units shall be located away from the front of the buildings and screened
from public view through landscaping and/or screen walls.
2. The parking area shall not cover more than 50% of the front yard and trash dumpsters shall not be
permitted in front of the duplex building.
3. A site plan shall be approved by the Director of Planning before any building permits are issued.
4. Prior to publishing the ordinance establishing the zone change, the applicants shall record a
document with the Register of Deeds indicating that this tract includes special conditions for
development on this 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 Associate Planner, Philip Zevenbergen, the following questions were asked by
DAB VI Board Members:
Bill Washburn, I'm assuming concerns from residents in that neighborhood is because staff is
recommending approval.
Zevenbergen, we take into consideration neighborhood opposition, but we also have to take into
consideration the other golden factors of planning. Other things that we look at are the guiding documents
we have, which are the Comprehensive Plan that indicate this area is no good for residential development.
The Places for People plan is the Planning Department infill strategy and we want to make sure that that
building looks, and it has the feel of the residential neighbor router.
Gregory Boyajian, as that relates to the neighborhood, how does planning department go through what
the characteristics of duplex is going to look like.
Zevenbergen, a new site plan that conforms to the protected overlay,
Boyajian, how does anyone that has opposition can ask questions about this, how do they know what's
going to be built?
DAB 6 • June 17, 2020 • Minutes • Page 4
Zevenbergen, they can get in touch with planning staff. Through this public hearing process, we can retain
their contact information and anything that we receive from as part of the file becomes available to the
public.
Boyajian, does the Board have any input with respect to Places for People.
Council Member Claycomb, DAB can make any additional recommendations, that then would be
forwarded to the Planning Commission and then onto City Council.
Ana Lopez, CSR presented a letter in opposition with comments regarding the change from single-family
residential to a two-story two-family duplex from Melissa Armstrong and Damon Puetz that reside at 789 N.
Kessler, Wichita, KS 67203
Zevenbergen, the way the protective overlay is written is that the conditions apply that a garage cannot be
more than 50% of the facade. The Places for People Plan went through and assessed, what is a visually
appealing residential dwelling unit related to duplexes to come up with guidelines so that it fits a standard
looking house and kind of an older part of the neighborhood would look like.
Boyajian, just because this is written down it does not mean, from my experience in one case on 9th street
that it will be help. 70% of the houses in the neighborhood are probably brick. Will the duplexes have brick
facade upfront?
Council Member Claycomb, DAB could add that to the motion. Keeping in mind that DAB does not have
final say and MAPC or City Council could vote some other way.
Boyajian, what we're being presented today are guidelines.
Zevenbergen, unless the Planning Commission were to change them, then they will hold as rule, and not
as a guideline.
Scott Lucas, the staff report say that they must meet architectural variety, how do you really do that when
everything's single level?
Zevenbergen, the architectural variety talks about tying into the character of how do those buildings look
and having similar or same treatments to the building that the applicant will be constructing.
Lucas, we have a design that shows actual parking, parking spots on premises but then there's a concern
of parking on the street.
Zevenbergen, the developer will have to meet off street parking requirements for duplex.
Council Member Claycomb, typically during in person meetings, DAB members would have a copy of the
Golden rules. Neighborhood opposition is only one of those golden rules, and it cannot stand on its own.
Zevenbergen, there are six of them that we cover in the staff report. Explains the golden rules.
Linda Matney, how much of a rush is there to get this done? We’re voting on what we think the
documentation is going to say, but it makes me a little bit nervous that we don't have current documentation.
Boyajian, when this goes before the Metropolitan Area Planning Commission, will an updated site plan, be
presented?
Zevenbergen, it is required before any building permit could be issued, they have to update the parking
area to make sure it's not 50% of the front area.
DAB 6 • June 17, 2020 • Minutes • Page 5
Melinda Kellogg, could we add a stipulation that it cannot be two story?
Boyajian, the two story was documented in the public notice that went out to the residents and anybody
who's part of local neighborhood association.
Council Member Claycomb, is the applicant proposing a two story structure?
Zevenbergen, yes.
Washburn, is there an interest in DAB members of putting in restriction that it cannot be a two story duplex?
Boyajian, I don't think it's out of place. It will still be up to the MAPC to come back and say what is
appropriate for the applicant, or what they are willing to accept from the applicant.
Action Taken: made a motion to APPROVE staff’s recommendation with the condition that the duplexes
are single story. The motion was seconded by Kellogg.
MOTION PASSED 7-1
5. ZON2020-00018
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an
application on behalf of Dianne K. Bolain; Luke Robert/Dingers Roofing and Construction (Applicants) and
Mark A. Savoy (Agent) for a rezone request from SF-5 Single Family Residential to LC Limited Commercial
in order to redevelop the existing building for limited commercial uses. The site is generally located one
quarter-mile south of West 53rd Street North on the east side of North Meridian Avenue and is addressed
5130 North Meridian Avenue.
The Metropolitan Area Planning Commission public hearing for this item will be on June 18, 2020.
ZON2020-00018 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-
17%20DAB%206%20ZON2020-00018%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was prepared it
is recommended that the request for LC Limited Commercial zoning be APPROVED.
The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to
express their concerns.
After the presentation by Associate Planner, Philip Zevenbergen, the following questions were asked by
DAB VI Board Members:
Bill Washburn, this site is completely surrounded by property that is zoned residential, and it's a fairly high
value property already, in existence and in development. It doesn't make sense to me to approve a
commercial property and part of that just because the current owner has a desire to sell the property.
Zevenbergen, something to note, when it comes to rezoning a subject property that is surrounded by
residential is that there is buffering and screening requirements that will in place and upheld. For example
at least a 6 to 8 foot wood, or wood fence or masonry wall, In addition to a 15 foot screening buffer with
vegetation.
Brad Bachman, I’m speaking as the owner of the property that wraps around this site on all sides, except
Meridian. This property is in pretty easy view of the houses at the North End of Harbor Isle, second edition.
I'm very familiar with the property, both the subject property here, as well as the area around it, and I
disagree with the staff comments as to the screening property that the tree lines along the north South East
DAB 6 • June 17, 2020 • Minutes • Page 6
property lines appear to meet the credit standards? The tree lines that staff considers to be adequate for
landscaping screening standards are basically kind of adjacent to this property. The East side of the
property is currently screened by deciduous trees, which, again, appear to be on my property rather than
his. During late spring through fall, we have tree cover. Generally during the winter seasons to late fall, we
don't have any cover. My understanding would be that the screening shouldn't be on the property that is
making the application to go between LLC and residential, is that correct?
Zevenbergen, that is actually not correct. Existing vegetation, whether it's on the applicant's property or
below it can be used. The difference being that if those trees were to die or be pulled out then they would
have to go back and put trees in on their property. A note about screening, the requirement is just a six foot
fence or wall. The landscaping is just a landscape buffer with a one tree every 40 feet. It doesn't have to be
evergreen, and it can be a shade tree or two ornamental trees. Screening requirements by the code is a 6
to 8 foot made of wood or masonry, or some other approved material that is in the zoning code. In addition
to that, they have to plant a minimum of once every 40 feet along the property line.
Bachman, if the trees are removed or they die than the replanting would be on the applicant's property?
Zevenbergen, correct, and they are required to maintain.
Brad Bachman, the property is also very visible with any lighting requirements. I know that they were
saying that no post higher than 15 feet within 200 feet of the property line, and that all lighting will be faced
down so it's not visible from the residential areas.
Zevenbergen, that is correct. That's the standard out of the zoning code.
Bachman, I do have some concern about the various LC uses being noise and with residential properties
right beside it. I believe it would be reasonable to impose some kind of hours, say six AM to 8 PM, so that
there's not noise late into the night that would impact the residential property around. How would someone
do that?
Council Member Claycomb, I’ve seen cases like that before where there are hours imposed.
Zevenbergen, they are used for event type base uses that go later into the night. When you think of a retail
store it is typically from 9:00 am to 10:00 pm. There could be stipulations related to hours that trash can be
picked up.
Gregory Boyajian, these are some uses that may have some controversy; entertainment or establishment
within the city limits nightclubs in the city, nightclub in the country, pawnshop, personal employment
services, tavern drinking and drinking establishments, vehicle repair, sexual oriented business, animal care,
banking, financial institutions are all permitted within limited commercial without restrictions.
Council Member Claycomb, would anybody else in the audience that wants to speak on this?
Mark Savoy, applicant or agent for the applicant. Mr. Bachman owns the property across the street zoned
LC. Those items that could be allowed in LC are actually recommended as a protective overlay to avoid
having those types of uses there. The existing building is 7700 square feet and the gentleman that wants
to buy has a roofing business. The use for the property would be for his business, primarily. They do not
have a lot of traffic in this property. The access to the property is limited to one driveway right in the center
of the property and properly controlled by access control. There's not going to be any more driveways. They
are very interested in buying this property for a light commercial use for their business. I'd be glad to answer
any other questions.
Council Member Claycomb, any questions for the applicant? None. If I read this right, the staff report list
uses that could not be used. Reads a list of uses under recommendation, number one.
DAB 6 • June 17, 2020 • Minutes • Page 7
Zevenbergen, that is correct.
Council Member Claycomb, let me bring it back to the board, additional questions, comments or a motion.
Action Taken: Gregory Boyajian made a motion to APPROVE staff’s recommendation. The motion was
seconded by Linda Matney.
MOTION PASSED 6-2
6. ZON2020-00019
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will
present an application on behalf of R&R Realty, Jay Russell (owner) and Baughman Company, P.A.
Philip Meyer (Agent) for a rezone request from SF-5 Single-Family Residential to TF-3 Two-Family
Residential. Generally located approximately one-half mile north of West 53rd Street North on the west
side of North Meridian Avenue (W. 5735 N. Meridian)
The Metropolitan Area Planning Commission public hearing for this item will be on June 18, 2020.
ZON2020-00019 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-
17%20DAB%206%20ZON2020-00019%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was completed,
staff recommends APPROVAL of the request, as submitted.
The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to
express their concerns.
After the presentation by Associate Planner, Philip Zevenbergen, the following questions were asked by
DAB VI Board Members:
Scott Lucas, as far as actual construction, the only thing that's actually there is the TF-3 to the south?
Zevenbergen, correct to the south and south-west.
Action Taken: Scott Lucas made a motion to APPROVE staff’s recommendation. The motion was
seconded by James Deckard.
MOTION PASSED 7-0
7. ZON2020-00021 and CUP2020-00019
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an
application on behalf of Broadmoor One, LLC (Applicant) and Baughman Company (Agent) for an
amendment request of Womer Plaza Shopping Center (DP-29) and zone change from SF-5 Single
Family Residential to LC Limited Commercial, generally located on the west side of North Womer Street
and south of West 37th Street North.
The Metropolitan Area Planning Commission public hearing for this item will be on June 18, 2020.
ZON2020-00021 and CUP2020-00019 Staff Report:
https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-17%20DAB%206%20ZON2020-
00021%20and%20CUP2020-00019%20Staff%20Report.pdf
DAB 6 • June 17, 2020 • Minutes • Page 8
Recommended Action: Based upon the information available at the time the staff report was prepared it
is recommended that the request be APPROVED, subject to the following conditions:
1. The CUP drawing shall be revised to include the details of this amendment. General Provision 13
shall be amended to state the following:
13. The number of buildings shall not exceed twelve.
2. The site shall be developed in substantial conformance with the revised provisions of the approved
CUP.
3. The applicant shall submit four copies of the amended and approved CUP within 60 days of final
approval to the Metropolitan Area Planning Department or the amendment shall be deemed null
and void.
The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to
express their concerns.
After the presentation by Associate Planner, Philip Zevenbergen, the following questions were asked by
DAB VI Board Members:
Bill Washburn, what type of screening or separation will be required If this is approved?
Russ Ewy, Agent for the applicant, a solid Missouri screening wall at the property line, so it'll have a
combination of landscape landscaping but it you will see the six foot, 6 to 8 foot tall, standard screening,
masonry screening wall, not just a fence.
Washburn, will the undeveloped block be the drainage/collection pond?
Ewy, Yes, and it will go into the to the regional storm water drainage system to the south-east.
Washburn, the maximum number of buildings in the development area would be 12?
Ewy, correct.
Washburn, will all of the provisions in the old CUP transfer over and be applicable to the new property?
Ewy, yes, we are simply expanding it and everything form the old CUP Community Unit Plan will apply to
this parcel as well.
Bill Washburn, are there any concerns from property owners nearby?
Zevenbergen, only from one resident.
Council Member Claycomb asked if there are further questions or comments from the board. None.
Questions or comments from the audience. None.
Action Taken: William Washburn made a motion to APPROVE staff’s recommendation. The motion was
seconded by James Deckard.
MOTION PASSED 7-1
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Board Agenda
8. Updates, Issues, and Reports
DAB 6 • June 17, 2020 • Minutes • Page 9
Reports from Council Member Cindy Claycomb and the DAB on any activities, events, resources, issues,
or concerns in the neighborhoods, council district, and/or city.
Angela Martinez, we'll be having a voter registration rally on July 27th at Woodland Park from 4:00 pm to
7:00 pm. We're going to have performances A few cultural performances, The Wichita League of Women
Voters will be there to do the registration. Mask and social distancing will be encouraged.
Sergio Devora-Najera, will help promote the event on the radio.
Council Member Cindy Claycomb, Amelia Earhart's neighborhood have been advocating for a sidewalk
along Arkansas Avenue that leads to the Amelia Earhart School. City Council voted this week to put that
sidewalk in from 41st street to 46th street. Ana and I met with some neighborhoods neighbors in North
Riverside to talk about South Woodland Park. There were some suggestions for some changes to be made
to that park, and the neighborhood would like to be a little bit more involved. Parks department has agreed
to put together a small group of neighbors and community policing and look at some changes there. We’re
also looking at adding some additional shade structures at Nomar Plaza. The virtual District 6 Coffee is
coming up on June 20, 2020. We’ll have MABCD Director Chris Labrum and staff that can answer questions
about neighborhood issues, environmental court and how those are addressed.
Ana Lopez, CSR District 6, Neighborhood Night Out was tentatively moved to the first week in October.
We have a quick survey that will let us know how resident feel about attending this event. Please take a
few minutes to complete this survey and forward it to friends and neighbors.
Recommended Action: Receive and file.
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Adjournment
The meeting was adjourned at 8:29 p.m. The next District 6 Advisory Board meeting will be held at 6:30
p.m., Monday, July 6, 2020 virtually.
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Respectfully submitted,
Ana Lopez, Community Services Representative, District 6
DAB 6 • June 17, 2020 • Minutes • Page 10
Agenda
District 6 Advisory Board Agenda
Wednesday, June 17, 2020 • 6:30 p.m. (CDT)
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Order of Business
Call to Order
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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
There are no scheduled Public Agenda items this month.
DAB 6 • June 17, 2020 • Agenda • Page 1
2. Off-Agenda Items
Any individual present that did not request to speak on the Public Agenda prior to the meeting
may speak at this time.
Recommended Action: Receive and file.
New Business
3. ZON2020-00015 and CUP2020-00017
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will
present an application on behalf of South Harbor, LLC / Harbor Properties, LLC (Applicant) /
Baughman Company c/o Russ Ewy (agent) for a rezone request from SF-5 Single Family
Residential, SF-20 Single Family Residential, and MF-18 Multi-Family Residential with CUP DP-
94 to LC Limited Commercial, and CUP DP-355: Harbor Isle Commercial 1 Community Unit
Plan. (North of I-235 and on the east of North Meridian Avenue)
The Metropolitan Area Planning Commission public hearing for this item will be on June 18,
2020.
ZON2020-00015 and CUP2020-00017 Staff Report:
https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-17%20DAB%206%20ZON2020-
00015%20and%20CUP2020-00017%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was
prepared it is recommended that the request for GC General Commercial be APPROVED, subject
to the following conditions:
1. The Development Guidelines shall be modified to read in accordance with the attached
recommendation.
2. The site shall be developed in substantial conformance with the revised development
guidelines and general provisions of the approved CUP.
3. The applicant shall record a CUP certificate with the Register of Deeds indicating that
this tract (referenced as DP-355: Harbor Isle Commercial 1 Community Unit Plan has
special conditions for development on the property. A copy of the recorded certificate
along with four copies of the approved CUP shall be submitted to the Metropolitan Area
Planning Department within 60 days of final approval to the Metropolitan Area Planning
Department or the amendment shall be deemed null and void.
4. ZON2020-00016
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will
present an application on behalf of Progressive Opportunities, LLC (Owner) and Abbott Land
Survey, Chad Abbott (Agent) for a rezone request from SF-5 Single Family Residential (SF-5) to
TF-3 Two Family Residential (TF-3), generally located west of Zoo Boulevard and north of West
Central Avenue in the 700 Block of Kessler Street (792 N. Kessler Street)
DAB 6 • June 17, 2020 • Agenda • Page 2
The Metropolitan Area Planning Commission public hearing for this item will be on June 18,
2020.
ZON2020-00016 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-
17%20DAB%206%20ZON2020-00016%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was
completed, staff recommends APPROVAL of the request, with a Protective Overlay #350 as
follows:
1. The following conditions shall apply to ZON2020-00016:
a. Garages. The garage face shall occupy no more than 50 percent of the ground-
level façade facing the street and may not project more than five feet in front of
the main facade.
b. Corner lot Duplexes. Duplexes located on corner lots shall place pedestrian
entries on opposite street frontages so that the structure appears to be a single-
family dwelling.
c. Entrances. Pedestrian scaled entry shall be a prominent feature of the front
elevation. Front doors shall be oriented to the street in front of the units.
d. Architectural Variety. Developments shall achieve architectural variety by
accommodating a variety of architectural styles that are compatible or consistent
with the surrounding neighborhood, variation of the same architectural style, and
through the use of multiple design elements. Duplicative house designs adjacent
to each other are highly discouraged. Simple reverse configurations of the same
house design on adjacent lots are not sufficient to meet this standard.
e. Windows and Transparency. Transparent windows and/or doors facing the
street are required. To meet this requirement, at least 10 percent of the façade
must be transparent. The façade is measured from the base of the house to the
start of the roofline and any other vertical walls facing the street, except for
gabled portions of the facade not containing livable floor area. Garages facing
the street shall count as part of the façade.
f. Roof Design. Roofs shall have variation in roof planes in order to break up the
large roof mass through dormers, gables, or changes in elevation. Roof forms
and roof pitches of porches, dormers and garages shall be consistent and
complement the building style within the neighborhood.
g. Siding materials. Siding materials shall be appropriate to the architectural style
of the structure. Traditional materials consistent with the neighborhood
architectural styles are encouraged such as wood, masonry and brick. Siding
materials and window trim should be consistent on all sides of the structures.
h. HVAC. HVAC units shall be located away from the front of the buildings and
screened from public view through landscaping and/or screen walls.
2. The parking area shall not cover more than 50% of the front yard and trash dumpsters
shall not be permitted in front of the duplex building.
3. A site plan shall be approved by the Director of Planning before any building permits are
issued.
4. Prior to publishing the ordinance establishing the zone change, the applicants shall record
a document with the Register of Deeds indicating that this tract includes special conditions
for development on this property.
DAB 6 • June 17, 2020 • Agenda • Page 3
5. ZON2020-00018
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present
an application on behalf of Dianne K. Bolain; Luke Robert/Dingers Roofing and Construction
(Applicants) and Mark A. Savoy (Agent) for a rezone request from SF-5 Single Family Residential
to LC Limited Commercial in order to redevelop the existing building for limited commercial uses.
The site is generally located one quarter-mile south of West 53rd Street North on the east side of
North Meridian Avenue and is addressed 5130 North Meridian Avenue.
The Metropolitan Area Planning Commission public hearing for this item will be on June 18,
2020.
ZON2020-00018 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-
17%20DAB%206%20ZON2020-00018%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was
prepared it is recommended that the request for LC Limited Commercial zoning be
APPROVED.
6. ZON2020-00019
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will
present an application on behalf of R&R Realty, Jay Russell (owner) and Baughman Company,
P.A. Philip Meyer (Agent) for a rezone request from SF-5 Single-Family Residential to TF-3
Two-Family Residential. Generally located approximately one-half mile north of West 53rd Street
North on the west side of North Meridian Avenue (W. 5735 N. Meridian)
The Metropolitan Area Planning Commission public hearing for this item will be on June 18,
2020.
ZON2020-00019 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-
17%20DAB%206%20ZON2020-00019%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was
completed, staff recommends APPROVAL of the request, as submitted.
7. ZON2020-00021 and CUP2020-00019
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will
present an application on behalf of Broadmoor One, LLC (Applicant) and Baughman Company
(Agent) for an amendment request of Womer Plaza Shopping Center (DP-29) and zone change
from SF-5 Single Family Residential to LC Limited Commercial, generally located on the west
side of North Womer Street and south of West 37th Street North.
The Metropolitan Area Planning Commission public hearing for this item will be on June 18,
2020.
DAB 6 • June 17, 2020 • Agenda • Page 4
ZON2020-00021 and CUP2020-00019 Staff Report:
https://www.wichita.gov/Council/DABAgendasMinutes/2020-06-17%20DAB%206%20ZON2020-
00021%20and%20CUP2020-00019%20Staff%20Report.pdf
Recommended Action: Based upon the information available at the time the staff report was
prepared it is recommended that the request be APPROVED, subject to the following conditions:
4. The CUP drawing shall be revised to include the details of this amendment. General
Provision 13 shall be amended to state the following:
13. The number of buildings shall not exceed twelve.
5. The site shall be developed in substantial conformance with the revised provisions of the
approved CUP.
6. The applicant shall submit four copies of the amended and approved CUP within 60 days
of final approval to the Metropolitan Area Planning Department or the amendment shall
be deemed null and void.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Board Agenda
8. Updates, Issues, and Reports
Reports from Council Member Cindy Claycomb and the DAB on any activities, events,
resources, issues, or concerns in the neighborhoods, council district, and/or city.
Recommended Action: Receive and file.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
Adjournment
The next District 6 Advisory Board meeting will be held at 6:30 p.m., Monday, July 6, 2020 at the
at the Evergreen Library, 2601 N. Arkansas, Wichita, KS 67204.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
DAB 6 • June 17, 2020 • Agenda • Page 5
AGENDA ITEM NO.
STAFF REPORT
MAPC: June 18, 2020
DAB VI: June 1, 2020
CASE NUMBER: CUP2020-00017 and ZON2020-00015
APPLICANT/AGENT: South Harbor, LLC / Harbor Properties, LLC (Applicant)/ Baughman
Company c/o Russ Ewy (agent)
REQUEST: LC Limited Commercial, and CUP DP-355: Harbor Isle Commercial 1
Community Unit Plan
CURRENT ZONING: SF-5 Single Family Residential, SF-20 Single Family Residential, and
MF-18 Multi-Family Residential with CUP DP-94.
SITE SIZE: 67.47 acres
LOCATION: North of I-235 and on the east of North Meridian Avenue (WCC VI)
PROPOSED USE: To amend and expand the CUP to expand the number of permitted uses.
BACKGROUND: This application is to change the zoning to LC Limited Commercial (LC) and GC
General Commercial (GC) and establish the Harbor Isle Commercial 1 Community Unit Plan (DP-355) for
the 67.47 acres zoned SF-5 Single Family Residential (SF-5), SF-20 Single Family Residential (SF-20),
and MF-18 Multi-Family Residential (MF-18) with CUP DP-94. The property is located north of I-235 and
on the east side of North Meridian Avenue. West 40th Street North has recently been extended to the west
to intersect North Meridian and now serves as a frontage road for parcels 1 through 4. Parcels 1 through 5
are proposed to be rezoned to LC. Parcel 6 is proposed to be rezoned to GC. The applicant will be submitting
a plat soon. The property immediately east of North Meridian Avenue, which encompasses parcels 1, 2 and
a portion of 3 is currently part of the Mallard Cove Community Unit Plan DP-94. This application will
replace the Mallard Cove CUP and add additional land to it in the creation of the Harbor Isle Commercial
1 CUP.
The text of the CUP states that no parcel within the CUP shall allow the following uses: “Adult
Entertainment establishment; Sexually Oriented Business; Correctional Placement Residence; Night Club
in the City; Night Club in the County; Reverse Vending Machine; and Tavern and Drinking Establishments”
as restricted by General Provision #18. Staff recommends the addition of the following language to the use
restrictions: “Manufactured Home; Monument Sales; Cemetery; Marine Facility, Recreational; Pawn Shop;
Teen Club in the City; Vehicle and Equipment Sales; Animal Care, General; Kennel,
Boarding/Breeding/Training; Storage, Outdoor as a principal use; Vehicle Storage Yard; Asphalt or
Concrete Plant, Limited and General; Recycling Collection Station; Event Center; and Recreation and
Entertainment, Indoor. Restaurants that serve liquor can be developed and may serve liquor as along as
food is the primary service of the establishment.”
When platted, the property will contain six parcels and two reserves. The parcels generally grow larger is
size west to east on the site with parcels 5 and 6 being the largest. Access controls shall be determined at
the time of platting. All parcels without access to the public street will be accessible through internal cross
lot access.
The applicant’s proposed CUP has the standard landscaping, lighting, drainage, cross-lot circulation, and
parking language. Landscaping is to be per the landscape ordinance. Screening with a six to eight foot
concrete/masonry wall shall be constructed along the north property line of parcels 5 and 6 because they
are adjacent to residential zoning. The wall shall be constructed with a color and pattern compatible with
the commercial buildings. The text stipulates that a 40-foot wide landscape buffer per Section IV-B.3.b can
be constructed in lieu of a wall. Staff recommends additional language regarding screening along the east
property line of parcel 6 should the property be developed residentially. It is zoned SF-5, but is not
developed with residential units. Additionally, a 35-foot building setback along the east property line of
parcel 6 shall be required if the SF-5 zoned property is developed residentially. Light pole height shall be
restricted to 24 feet, except within 200 feet of residential zoning. Then light poles shall be restricted to 15
feet. Rooftop mechanical equipment, trash receptacles, and loading areas shall be reasonably screened from
ground level view. Outdoor storage and work areas, mechanical equipment, heating and air conditioning
units and dumpsters located within 150 feet of a street require screening. Drainage is being addressed
through the platting process. Cross-lot circulation agreements between parcels will be provided. Parking
is to be per code unless specified otherwise within the CUP.
The CUP drawing must also include the location and labeling of the planned collector street for parcels 5
and 6, the proposed dedicated right-of-way, and provide right-of-way dimensions for all streets depicted.
Proposed signage is to be per code for the LC district unless specified otherwise. Monument signs shall
be spaced 150 feet apart along the arterial roadway. Flashing, rotating or moving signs, and signs with
moving lights or signs which created the illusion of movement are not permitted. Portable, billboards, and
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 2
off site signs are prohibited. Window display signs are limited to 25 percent of the window area. There
shall be no signs on the north elevations of any building adjacent to residential zoning. Monument signs
are restricted to 25 feet in height except those along the highway frontage, which are permitted to be 35
feet. The CUP establishes certain restrictions for signage as follows.
A. Each Parcel is permitted at least one freestanding sign with the following area restrictions:
Parcel 1: 150 sq. ft. of signage along Meridian Avenue.
150 sq. ft. of signage along frontage road.
Parcel 2: 150 sq. ft. of signage along frontage road.
Parcel 3: 150 sq. ft. of signage along frontage road.
Parcel 4: 150 sq. ft. of signage along frontage road.
Parcel 5: 150 sq. ft. of signage along planned collector street
Parcel 6: 150 sq. ft. of signage along planned collector street
Property north is zoned LC Limited Commercial and SF-5 Single Family Residential. Land in both zoning
classifications has platted lots but is undeveloped. Property south is zoned SF-5 Single Family Residential
and GC General Commercial. Said property was recently apart of a zoning action (CUP2020-00002 and
ZON2020-00003) to rezone the SF-5 land to GC and create CUP DP-353. The case was approved by City
Council, but has yet to be perfected. The majority of the land is undeveloped; however a portion of it is a
vacant go-kart track. Property east of is zoned SF-5 Single Family Residential, but is not developed
residentially. It is occupied by what appears to be a vehicle driving track. Property west, across North
Meridian Avenue, is zoned LC Limited Commercial and is developed as a church.
CASE HISTORY: The western 26.8 acres was platted as part of the Mallard Cove Addition with CUP
DP-94 for a multi-family development. The property also was part of BZA59-81 which was approved in
1981 to permit soil extraction on residentially zoned property. The eastern 22.81 acres was a portion of CU-
307 which approved the removal of topsoil on the property in 1984. In 1998, CU-501 expanded the area of
CU-307 and added land to the north. CU-501 received approval for top soil removal in addition to soil
extraction.
ADJACENT ZONING AND LAND USE:
North: LC and SF-5 Undeveloped land
South: SF-5 and GC Vacant or undeveloped land
East: SF-5 Vehicle driving track
West: LC: Church (west of North Meridian)
PUBLIC SERVICES: All of the public utilities are in place in the area but may need to be extended to
the subject property. As part of the platting approval, guarantees and arrangements will be made to extend
all utilities to this property in conformance with the City of Wichita standards. West 40th Street North is
paved, two lane local street. North Meridian Avenue is a paved, five-lane arterial street.
CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept map indicates
the site is appropriate for “new residential.” However, there are areas nearby that are indicated as
appropriate for “residential and employment mix” and “commercial.” This area is located within Wichita’s
2035 urban growth area. The residential/employment mix and the commercial encompass areas of land
that will likely be developed or redeveloped by 2035 with uses predominately of a mixed nature.
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 3
Community Investments Plan discusses Location Guidelines in section 3 of the Future Land Use Policies.
In the subsection titled Development Pattern, guideline 1.a. states “development should occur where
necessary supporting infrastructure and services exist or are planned for extension concurrently with
development. Guideline 1.c states “Major commercial and employment centers should be located at
intersections of arterial streets and along highways and commercial corridors. Guideline 3.c. states “small,
neighborhood-serving retail and offices uses and high-density residential uses not located at arterial
intersections should be limited to the intersection of an arterial and a collector street. Guideline 3.e. states
“new development areas be separated from existing developed areas by major barriers (such as: highways,
railroads, waterways, and airports) or by significant open space or undeveloped areas should be discouraged
unless the scale of the development is sufficient to support the cost of extending infrastructure and services
in a manner that supports additional development on surrounding sites.”
In the subsection titled Design, guideline 1.a. states “Commercial centers, office parks, and mixed-use
developments should be designed with shared internal vehicular and pedestrian circulation, combined
signage, coordinated landscaping and building design, and combined ingress/egress locations.” Guideline
1.b. states “Ingress/egress locations to non-residential uses generally should not access residential streets
unless such access will not negatively impact nearby residential areas, except that industrial traffic should
not feed directly into local streets in residential areas.” Guideline 1.g. states “Building entrances should be
oriented to the street or internal circulation drives that connect to the street and designated pedestrian
connections should be provided from building entrances to the street.”
RECOMMENDATION: Based upon the information available at the time the staff report was prepared
it is recommended that the request for GC General Commercial be APPROVED, subject to the following
conditions:
1. The Development Guidelines shall be modified to read in accordance with the attached
recommendation.
2. The site shall be developed in substantial conformance with the revised development guidelines
and general provisions of the approved CUP.
3. The applicant shall record a CUP certificate with the Register of Deeds indicating that this tract
(referenced as DP-355: Harbor Isle Commercial 1 Community Unit Plan has special conditions
for development on the property. A copy of the recorded certificate along with four copies of the
approved CUP shall be submitted to the Metropolitan Area Planning Department within 60 days
of final approval to the Metropolitan Area Planning Department or the amendment shall be
deemed null and void.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property north is zoned LC Limited
Commercial and SF-5 Single Family Residential. Land in both zoning classifications has platted
lots but is undeveloped. Property south is zoned SF-5 Single Family Residential and GC General
Commercial. Said property was recently apart of a zoning action (CUP2020-00002 and ZON2020-
00003) to rezone the SF-5 land to GC and create CUP DP-353. The case was approved by City
Council, but has yet to be perfected. The majority of the land is undeveloped; however a portion of
it is a vacant go-kart track. Property east of is zoned SF-5 Single Family Residential, but is not
developed residentially. It is occupied by what appears to be a vehicle driving track. Property west,
across North Meridian Avenue, is zoned LC Limited Commercial and is developed as a church.
2. The suitability of the subject property for the uses to which it has been restricted: The subject
property is mix of zoning with SF-5 Single Family Residential, SF-20 Single Family Residential,
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 4
and MF-18 Multi-Family Residential and could remain such. However, with the extension of West
40th Street North to have access to North Meridian, it is likely for this land to be redeveloped with
more intensity either with residential or commercial.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: LC Limited
Commercial zoning is an appropriate base zone for this area given the frontage and proximity to I-
235 highway. With the recommended development standards, approval of the proposed CUP
should have minimal detrimental impact on nearby property.
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 of the request would add commercial and office
development to this area, which is generally considered a gain to the public welfare in that it
expands the employment and tax base. Denial would presumably represent a loss of economic
opportunity to the applicant and/or land owner.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The 2035 Wichita Future Growth Concept map indicates the site is appropriate for “new
residential.” However, there are areas nearby that are indicated as appropriate for “residential and
employment mix” and “commercial.” This area is located within Wichita’s 2035 urban growth area.
The residential/employment mix and the commercial encompass areas of land that will likely be
developed or redeveloped by 2035 with uses predominately of a mixed nature.
6. Impact of the proposed development on community facilities: The platting of this property will
provide guarantees for needed community facilities to be obtained.
Attachment: Recommended Development Guidelines for DP-355
DP-355 Harbor Isle Commercial 1 CUP
Aerial Map
Zoning Map
Land Use Map
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 5
RECOMMENDED DEVELOPMENT GUIDELINES FOR DP-355:
1. Total Land Area: 2,938,855 ± sq. ft. or 67.47 ± acres
Net Land Area: 2,801,603 ± sq. ft. or 64.31 ± acres
2. Total Gross Floor Area: 735,780 sq. ft.
Total Net Floor Area Ratio: 25 percent ±
3. Parking shall be provided in accordance with Section IV of the Unified Zoning Code, unless otherwise
specified in the parcel description.
4. Setbacks are as indicated on the C.U.P. drawing, or as specified in the parcel descriptions. If
contiguous parcels are to be developed under the same ownership, setbacks between those parcels will
not be required.
5. A Drainage Plan shall be submitted to the appropriate Engineer for approval during the platting
process. Required guarantees or drainage shall be provided at the time of platting improvements.
6. Development of the Harbor Isle Commercial 1 Community Unit Plan shall be contingent upon the
platting of the subject property. The applicant shall provide four copies of an updated C.U.P.
following the plat.
7. Signs will be as allowed by the Sign Code of the City of Wichita, with the following additional
conditions/limitations:
A. Each parcel is permitted at least one freestanding sign with the following area restrictions:
Parcel 1: 150 sq. ft. of signage along Meridian Avenue.
150 sq. ft. of signage along frontage road.
Parcel 2: 150 sq. ft. of signage along frontage road.
Parcel 3: 150 sq. ft. of signage along frontage road.
Parcel 4: 150 sq. ft. of signage along frontage road.
Parcel 5: 150 sq. ft. of signage
Parcel 6: 150 sq. ft. of signage along planned collector street.
B. As the frontage develops along the arterial roadways, monument type signs shall be spaced a
minimum of 150' apart, irrespective of how land is leased or sold and share similar elements in
design.
C. Flashing signs, rotating or moving signs, signs with moving lights or signs which create illusions
of movement are not permitted.
D. Portable, billboards and off-site signs are not permitted.
E. Window display signs are limited to 25% of the window area.
F. No signs shall be allowed on the north elevations of any building adjacent to residential zoning.
G. All freestanding signs must be monument type and shall have a maximum height of 25 feet. Signs
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 6
along the highway frontage may be permitted to be 35 feet in height.
8. Access Controls shall be as shown on the final plat.
9. All exterior lighting shall be shielded to direct light disbursement in a downward direction.
10. All parcels shall share similar or consistent parking lot lighting elements (i.e., fixtures, poles, and
lamps, etc.).
A. Limited height of light poles, including fixtures, lamps and base, to 24 feet, except within 200 feet
of residential zoning said lighting shall be a maximum height of 15 feet.
B. Extensive use of back lit canopies and neon or fluorescent tube lighting on buildings is not
permitted.
11. Utilities shall be installed underground on all parcels.
12. Landscaping for this site shall be required as follows:
A. Development of all parcels within the C.U.P. shall comply with the landscaping requirements of
the appropriate jurisdiction, with a shared palette of landscape materials among parcels. All
unpaved areas shall be landscaped.
B. A landscape plan shall be prepared by a Kansas Landscape Architect for the above referenced
landscaping, indicating the type, location, and specifications of all plant material. This plan shall
be submitted to the Planning Department for their review and approval prior to issuance of a
building permit.
B. A financial guarantee for the plant material approved on the landscape plan for that portion of the
C.U.P. being developed shall be required prior to issuance of any occupancy permit, if the
required landscape has not been planted.
13. Screening:
A. A six (6) to eight (8) foot high concrete/masonry wall shall be constructed along the north
property line of Parcels 5 and 6 where adjacent to residentially-zoned lots (see plan). This solid
wall shall be constructed of a pattern and color that is consistent or compatible with the building
walls.
C. In lieu of said screening wall, a landscape buffer of a minimum of 40 feet in width may be
provided along those property lines abutting residentially-zoned lots, which shall include
plantings per Section IV-B.3.b of the U.Z.C. Said buffer shall be a combination of deciduous and
evergreen landscaping, per ordinance.
D. Screening along the east property line where abutting residential zoning is contingent upon the
adjoining property being developed residentially.
14. Rooftop mechanical equipment shall be screened from ground level view with similar materials to
the main building per Unified Zoning Code.
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 7
15. Trash receptacles, loading docks, outdoor storage, and loading areas shall be appropriately
screened, with similar materials to the main building, to reasonably hide them from ground view.
16. Fire lanes shall be in accordance with the appropriate Fire Code. No parking shall be allowed in
said fire lanes, although they may be used for passenger loading and unloading. The Fire Chief or
his designated representative shall review and approve the location and design of all fire lanes.
Fire hydrant installation and paved access to all building sites shall be provided for each phase of
construction prior to the issuance of building permits.
17. Cross-lot circulation agreements shall be required at the time of platting to assure internal
vehicular movement between all parcels.
18. No parcel within this C.U.P. shall allow the use of Adult Entertainment Establishments; Sexually
Oriented Business; Correctional Placement Residences; Night Club in the City; Night Club in the
County; Reverse Vending Machine; and Tavern and Drinking Establishment; Manufactured Home;
Monument Sales; Cemetery; Marine Facility, Recreational; Pawn Shop; Teen Club in the City;
Vehicle and Equipment Sales; Animal Care, General; Kennel, Boarding/Breeding/Training;
Storage, Outdoor as a principal use; Vehicle Storage Yard; Asphalt or Concrete Plant, Limited and
General; Recycling Collection Station; Event Center; and Recreation and Entertainment.
Restaurants that serve liquor can be developed and may serve liquor, as long as food is the primary
service of the establishment. Exterior audio systems that project sound beyond the boundaries of
the C.U.P. are prohibited.
19. Amendments, adjustments or interpretations to this C.U.P. shall be done in accordance with the
Unified Zoning Code.
20. The Transfer of title of all or any portion of land included within the Community Unit Plan (or any
amendments thereto) does not constitute a termination of the plan or any portion thereof, but said
plan shall run with the land and be binding upon present owners, their successors and assigns.
21. 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 and the
Director of Planning, shall constitute a violation of the building permit authorizing construction of
the proposed development.
22. Any major changes in this development plan shall be submitted to the Planning Commission and
to the Governing Body for their consideration.
23. A plan for a pedestrian walk system shall be submitted and approved by the Director of Planning
prior to the issuance of building permits. Said walk system shall link sidewalks along Meridian
Avenue with the proposed buildings within the development.
24. Approval of a site circulation plan by the Planning Director is required for each phase of
construction prior to the issuance of a building permit. An overall site plan shall be required for
review and approval by the Planning Director prior to the issuance of any building permits; the site
plan shall ensure internal circulation within the parcels and joint use of ingress/egress openings and
that private drive openings are not impacted/blocked by the layout of parking stalls or landscaping.
25. The applicant shall record a CUP certificate with the Register of Deeds indicating that this tract
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 8
(referenced as DP-??? Harbor Isle Commercial 1 CUP) has special conditions for development on
the property. A copy of the recorded certificate along with four copies of the approved CUP shall
be submitted to the Metropolitan Area Planning Department within 60 days of recording the plat
for the subject property, or the request shall be considered denied and closed.
26. Mallard Cove CUP (DP-94) is hereby incorporated into this new CUP by virtue of CUP2020-17.
27. All buildings within Parcels 1 through 4, collectively, and Parcels 5 and 6, collectively, shall share
uniform architectural character, color, texture, and the same predominate exterior building material,
as determined by the Director of Planning. Building walls and roofs must have predominately
earth-tone colors, with vivid colors limited to incidental accent.
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 9
CUP2020-00017 and ZON2020-00015
Metropolitan Area Planning Commission Page 10
CUP2020-00017 and ZON2020-00015
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CUP2020-00017 and ZON2020-00015
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AGENDA ITEM NO. _____
STAFF REPORT
MAPC June 18, 2020
DAB VI June 17, 2020
CASE NUMBER: ZON2020-00016
APPLICANT/AGENT: Progressive Opportunities, LLC (owner)
Abbott Land Survey, Chad Abbott (Agent)
REQUEST: TF-3 Two-Family Residential
CURRENT ZONING: SF-5 Single-Family Residential
SITE SIZE: 0.1 acre
LOCATION: Generally located west of Zoo Boulevard and north of West Central Avenue in
the 700 Block of Kessler Street
PROPOSED USE: Duplex
ZON2020-00016
Metropolitan Area Planning Commission Page 1
BACKGROUND: The applicant/owner is requesting the rezoning of the west 143 feet of Lot 35, except the
west 30 feet thereof, West Ridge Acres Addition, (792 N. Kessler Street) from SF-5 Single Family Residential
(SF-5) to TF-3 Two Family Residential (TF-3). The property is currently vacant. TF-3 zoning district requires
a 25-foot front setback and a 20-foot rear setback. The property is approximately 10,000 square feet, with 70
linear feet of frontage along North Kessler Street. The Unified Zoning Code (UZC) requires a minimum of
6,000 square feet per duplex building.
Properties north, south, east and west of the subject site are zoned SF-5 and are developed with single-family
residences. There is no TF-3 zoned properties within approximately a 650-foot radius of the property.
CASE HISTORY: The subject site is located in the West Ridge Acres Addition, platted in April 1940. A lot
split (LSP2006-00070) for Lot 35 was perfected in 2006. No other zoning cases are associated with this site.
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Single-family residences
SOUTH: SF-5 Single-family residences
EAST: SF-5 Single-family residences
WEST: SF-5 Single-family Residences
PUBLIC SERVICES: North Kessler Street is a local paved street with a 60-foot right-of-way. The closest
major intersection to the subject site is West Central Avenue and Zoo Boulevard. The sewer line is located
along the east (rear) property line and the water line is located on the west side of North Kessler Street.
CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan,
identifies the area in which the site is located Established Central Area. The site is located within the urban
infill strategy area, where residential development is encouraged. The uses envisioned for redevelopment in
this area include duplexes. The Community Investments Plan identifies the property as appropriate for
residential and defines residential as a variety of housing types including duplexes.
RECOMMENDATION: Based upon the information available at the time the staff report was completed,
staff recommends APPROVAL of the request, with a Protective Overlay #350 as follows:
1. The following conditions shall apply to ZON2020-00016:
a. Garages. The garage face shall occupy no more than 50 percent of the ground-level façade facing
the street and may not project more than five feet in front of the main facade.
b. Corner lot Duplexes. Duplexes located on corner lots shall place pedestrian entries on opposite
street frontages so that the structure appears to be a single-family dwelling.
c. Entrances. Pedestrian scaled entry shall be a prominent feature of the front elevation. Front
doors shall be oriented to the street in front of the units.
d. Architectural Variety. Developments shall achieve architectural variety by accommodating a
variety of architectural styles that are compatible or consistent with the surrounding
neighborhood, variation of the same architectural style, and through the use of multiple design
elements. Duplicative house designs adjacent to each other are highly discouraged. Simple
reverse configurations of the same house design on adjacent lots are not sufficient to meet this
standard.
e. Windows and Transparency. Transparent windows and/or doors facing the street are required.
To meet this requirement, at least 10 percent of the façade must be transparent. The façade is
measured from the base of the house to the start of the roofline and any other vertical walls facing
the street, except for gabled portions of the facade not containing livable floor area. Garages
facing the street shall count as part of the façade.
f. Roof Design. Roofs shall have variation in roof planes in order to break up the large roof mass
through dormers, gables, or changes in elevation. Roof forms and roof pitches of porches,
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dormers and garages shall be consistent and complement the building style within the
neighborhood.
g. Siding materials. Siding materials shall be appropriate to the architectural style of the structure.
Traditional materials consistent with the neighborhood architectural styles are encouraged such as
wood, masonry and brick. Siding materials and window trim should be consistent on all sides of
the structures.
h. HVAC. HVAC units shall be located away from the front of the buildings and screened from
public view through landscaping and/or screen walls.
2. The parking area shall not cover more than 50% of the front yard and trash dumpsters shall not be permitted
in front of the duplex building.
3. A site plan shall be approved by the Director of Planning before any building permits are issued.
4. Prior to publishing the ordinance establishing the zone change, the applicants shall record a document with
the Register of Deeds indicating that this tract includes special conditions for development on this property.
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 no TF-3 zoned
properties within approximately a 650-foot radius of the property.
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 a new
single-family dwelling.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Most
platted subdivisions that were platted prior to 1950s are predominantly single-family residences and
duplexes. Because of the similarity of residential use, the UZC does not require screening between
SF-5 and TF-3 zoning districts.
4. Length of time the property has been vacant as currently zoned: This lot has been vacant for
approximately 20 years.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The Wichita-Sedgwick County Community Investments Plan, identifies the area in which the
site is located Established Central Area. The site is located within the urban infill strategy area, where
residential development is encouraged. The uses envisioned for redevelopment in this area include
duplexes. The Community Investments Plan identifies the property as appropriate for residential and
defines residential as a variety of housing types including duplexes.
6. Impact of the proposed development on community facilities: Development of the property would
not have any impact on community facilities or resources. On-site parking will be required for the new
development. All public improvements are available to serve the property.
Attachment: Proposed site plan
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AGENDA ITEM NO. _____
STAFF REPORT
MAPC - June 18, 2020
DAB VI – June 17, 2020
CASE NUMBER: ZON2020-000018
APPLICANT/AGENT Dianne K. Bolain; Luke Robert/Dingers Roofing and Construction (Applicants)
Mark A. Savoy (Agent)
REQUEST: LC Limited Commercial
CURRENT ZONING: SF-5 Single-family Residential
SITE SIZE: 3.39 acres
LOCATION: Generally located one quarter-mile south of West 53rd Street North on the east side
of North Meridian Avenue (5130 North Meridian Avenue.)
PROPOSED USE: Redevelop existing building for limited commercial uses.
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BACKGROUND: This application was filed to rezone the subject property from SF-5 Single Family
Residential to LC Limited Commercial in order to redevelop the existing building for limited commercial uses.
The site is generally located one quarter-mile south of West 53rd Street North on the east side of North Meridian
Avenue and is addressed 5130 North Meridian Avenue.
The lot has an existing metal building with garage door entry. The tree lines along the north, south, and east
property lines appears to meet the screening standards. Rezoning the site to LC allows for a mixture of
residential, public/civic, and commercial uses as outlines in the Unified Zoning Code (UZC).
Property to the north, south, and east of the site is zoned SF-5 Single Family Residential and is undeveloped.
Property to the west of the site, across North Meridian Avenue, is zoned LC Limited Commercial and is
undeveloped.
CASE HISTORY: The property was platted at Lot 1, Bolain Addition to Sedgwick County, Kansas on
December 15, 2011.
ADJACENT ZONING AND LAND USE:
North: SF-5; Undeveloped
South: SF-5; Undeveloped
East: SF-5; Undeveloped
West: LC; Undeveloped
PUBLIC SERVICES: North Meridian Avenue is a paved, 4-lane arterial street. All municipal services are
available for the property.
CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept map (MAPC approval
November 19, 2015) indicates the site is appropriate for “new residential.” The “new residential” designation
encompasses areas of land that will likely be developed or redeveloped by 2035 with uses predominately
residential.
RECOMMENDATION: Based upon the information available at the time the staff report was prepared it is
recommended that the request for LC Limited Commercial zoning be APPROVED.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north, south, and east of the site is
zoned SF-5 Single Family Residential and is undeveloped. Property to the west of the site, across North
Meridian Avenue, is zoned LC Limited Commercial and is undeveloped.
2. The suitability of the subject property for the uses to which it has been restricted: The lot has an existing
metal building with garage door entry and it could continue to be used for non-commercial uses. There is,
however, LC zoning to the west and the site could be granted LC zoning without being out of context
with the surrounding area.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of LC
zoning would allow a wider range of uses to be constructed on the property. It is anticipated that any
negative impacts would be minimal.
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4. Length of time the property has been vacant as currently zoned: The subject property has not been
vacant.
5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship
imposed upon the applicant: Approval of the request will presumably expand commercial opportunities
for the neighborhood which is generally considered a gain to the public welfare. Denial would
presumably represent a loss of economic opportunity to the applicant and/or land owner.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies:
The 2035 Wichita Future Growth Concept map (MAPC approval November 19, 2015) indicates the site
is appropriate for “new residential.” The “new residential” designation encompasses areas of land that
will likely be developed or redeveloped by 2035 with uses predominately residential.
7. Impact of the proposed development on community facilities: Existing municipal facilities are already
available to the property.
Attachments:
1. Area Map
2. Zoning Map
3. Land Use Map
4. Site Plan
5. Photos
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AGENDA ITEM NO. _____
STAFF REPORT
MAPC June 18, 2020
DAB VI June 17, 2020
CASE NUMBER: ZON2020-00019
APPLICANT/AGENT: R&R Realty, Jay Russell (owner)
Baughman Company, P.A. Philip Meyer (Agent)
REQUEST: TF-3 Two-Family Residential
CURRENT ZONING: SF-5 Single-Family Residential
SITE SIZE: 2.053 acres
LOCATION: Generally located approximately one-half mile north of West 53rd Street North
on the west side of North Meridian Avenue
PROPOSED USE: Duplex
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BACKGROUND: The applicant/owner is requesting the rezoning of a portion of W. 5735 N. Meridian,
described as the south 135 feet of the south seven (7) acres of the Northeast Quarter of the Northeast Quarter
of the Southeast Quarter (NE1/4 NE1/4 SE1/4), except the East 50 feet for road, all in Section 13, Township
Twenty-Six (26), Range One (1) West of the Sixth Principal Meridian, Sedgwick County, Kansas from SF-5
Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The property is currently vacant.
TF-3 zoning district requires a 25-foot front setback and a 20-foot rear setback. The property is approximately
10,000 square feet, with 130 linear feet of frontage along North Meridian Avenue. The Unified Zoning Code
(UZC) requires a minimum of 6,000 square feet per duplex building.
Property north of the subject site is an unplatted four-acre tract zoned SF-5 and developed with a single-family
residence and outbuildings. Property to the south is the Northgate 2nd Addition zoned TF-3, platted in 2016
with lots under construction. East of the subject site is zoned SF-5, Anderson Acres Addition platted in August
1951, and is developed with single family residences. West of the site is east and west of the subject site are
zoned SF-5, Northgate 3rd Addition platted in 2019, with nine undeveloped lots immediately south of the
subject site.
CASE HISTORY: The subject site is being platted as the Northgate 4th Addition (SUB2020-15).
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Single-family residences
SOUTH: TF-3 Duplexes under construction
EAST: SF-5 Single-family residences, Anderson Acres Addition
WEST: TF-3 Undeveloped
PUBLIC SERVICES: North Meridian Avenue is a four-lane arterial street with a 90-foot right-of-way. The
property has direct access to North Meridian Avenue. Water and Sewer Utilities are available to the site.
CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan,
2035 Future Growth Map identifies the area in which the site as New Residential/Employment Mix. This area
will likely be developed or redeveloped by 2035 with uses predominately of a mixed nature. Housing types
within this area will likely be developed with higher density.
RECOMMENDATION: Based upon the information available at the time the staff report was completed,
staff recommends APPROVAL of the request, as submitted.
1. The zoning, uses and character of the neighborhood: Property north of the subject site is an
unplatted four-acre tract zoned SF-5 and developed with a single-family residence and outbuildings.
Property to the south is the Northgate 2nd Addition zoned TF-3, platted in 2016 with lots under
construction. East of the subject site is zoned SF-5, Anderson Acres Addition platted in August 1951,
and is developed with single family residences. West of the subject site is the Northgate 3rd Addition
platted in 2019 zoned TF-3 with undeveloped lots.
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 a new
single-family dwelling.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Two
platted additions adjacent to the subject are zoned TF-3. The re-zoning of the parcel to TF-3 will not
detrimentally affect nearby properties.
4. Length of time the property has been vacant as currently zoned: This property has been
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agricultural land at least since 1938.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map
identifies the area in which the site as New Residential/Employment Mix. This area will likely be
developed or redeveloped by 2035 with uses predominately of a mixed nature. Housing types within
this area will likely be developed with higher density.
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
be extended to serve the property.
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AGENDA ITEM NO.
STAFF REPORT
MAPC June 18, 2020
DAB VI June 17, 2020
CASE NUMBER: CUP2020-00019 and ZON2020-00021
APPLICANT/AGENT: Broadmoor One, LLC (Applicant)/Baughman Company (Agent)
REQUEST: Amendment of Womer Plaza Shopping Center (DP-29) and zone change
from SF-5 Single Family Residential to LC Limited Commercial.
CURRENT ZONING: SF-5 Single Family Residential and LC Limited Commercial
SITE SIZE: 15.5 acres
LOCATION: On the west side of North Womer Street and the south side of West 37 th
Street North
PROPOSED USE: Enlarge CUP with the addition of land for proposed Parcel 6.
BACKGROUND: This application is for an amendment to the Womer Plaza Shopping Center CUP (DP-
39) to add land to the south to form Parcel 6 and Reserve A. The property is generally located on the west
side of North Womer Street and south of West 37th Street North. North Womer is a street that is a connector
between North Amidon and North Meridian Avenues near the I-235 interchange. The new land is currently
zoned SF-5 Single Family Residential. This application is also a zone change request to rezone the property
for new Parcel 6 to LC Limited Commercial to be consistent with the existing CUP.
New Parcel 6 will have a net area of 13.03 acres. The maximum building coverage and floor area ratio
percentages are consistent with the other five parcels at 30 percent and 35 percent respectively. Parcel 6
will have a maximum of five buildings permitted. There are no changes to the permitted uses in the CUP.
The only change to the general provisions is the increase in the maximum number of buildings allowed.
With the addition of Parcel 6, the maximum number of buildings for the entire CUP increases from seven
to twelve. General Provision 13 will need to be amended to reflect this change. Reserve A is 2.51 acres in
size, located on the south side of Parcel 6, and is reserved for open space, landscaping and drainage purpose.
Property to the north is zoned LC and is the original portion of CUP DP-29 and is undeveloped. Property
to the south is zoned SF-5 Single Family Residential and is developed with single family homes. Property
to the east is a mixture of SF-5 and TF-3 Two Family Residential zoning with single family and duplex
development. Property to the west is also a mixture of SF-5 and TF-3 zoning with single family and duplex
development.
CASE HISTORY: The Womer Plaza Shopping Center CUP was originally approved in May 1968. It has
been amended in 1974 as well as 2018. The site was replatted to the Womer 2nd Addition in March 2018
with a subsequent Administrative Adjustment (CUP2018-000012) to realign the parcel boundaries with the
new plat. The plat for this property is in Womer 2nd Addition, which was recorded with the Sedgwick
County Register of Deeds on April 16, 2018.
ADJACENT ZONING AND LAND USE:
North: LC: undeveloped land
South: SF-5: single family residential
East: SF-5 and TF-3: single family and two family residential
West: SF-5 and TF-3: single family and two family residential
PUBLIC SERVICES: The subject property takes its access and fronts on North Womer, a paved, four-
lane arterial street. The Womer 2nd Addition has a street dedication for West 36th Street North, which has
yet to be constructed. All public services are available to the site.
CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept map (MAPC
approval November 19, 2015) indicates the site is appropriate for “new residential” and is located just
beyond Wichita’s 2035 Established Central area. The “new residential” classification applies to those areas
that likely will develop or be redeveloped within the by 2035 for the full diversity of residential
development densities and types typically found in a large urban municipality. The range of housing
densities and types includes, but is not limited to, single-family detached homes, semi-detached homes,
zero lot line units, patio homes, duplexes, townhouses, apartments and multi-family units, condominiums,
mobile home parks, and special residential accommodations for the elderly Though the comprehensive plan
indicates this for “new residential” there is existing commercial zoning present on property abutting the
property to the north. Therefore, the request is not unreasonable.
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CUP2020-00019 and ZON2020-00021
RECOMMENDATION: Based upon the information available at the time the staff report was prepared
it is recommended that the request be APPROVED, subject to the following conditions:
1. The CUP drawing shall be revised to include the details of this amendment. General Provision 13
shall be amended to state the following:
13. The number of buildings shall not exceed twelve.
2. The site shall be developed in substantial conformance with the revised provisions of the approved
CUP.
3. The applicant shall submit four copies of the amended and approved CUP within 60 days of final
approval to the Metropolitan Area Planning Department or the amendment shall be deemed null
and void.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north is zoned LC and is
the original portion of CUP DP-29 and is undeveloped. Property to the south is zoned SF-5 Single
Family Residential and is developed with single family homes. Property to the east is a mixture of
SF-5 and TF-3 Two Family Residential zoning with single family and duplex development.
Property to the west is also a mixture of SF-5 and TF-3 zoning with single family and duplex
development.
2. The suitability of the subject property for the uses to which it has been restricted: The subject
property is currently zoned SF-5 Single Family Residential and could remain such with single
family development. However, the subject property is being redeveloped and this amendment
supports that effort.
3. Extent to which removal of the restrictions will detrimentally effect nearby property: The
approval of the proposed CUP amendment should have minimal detrimental impact on nearby
property.
4. Length of time the property has been vacant as currently zoned: The subject property has been
undeveloped for some time.
5. Relative gain to the public health, safety and welfare as compared to the loss in value or the
hardship imposed upon the applicant: Approval of the request will permit the continued
redevelopment of the property. Denial would presumably represent a loss of economic opportunity
to the applicant and/or land owner.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
policies: The 2035 Wichita Future Growth Concept map (MAPC approval November 19, 2015)
indicates the site is appropriate for “new residential” and is located just beyond Wichita’s 2035
Established Central area. The “new residential” classification applies to those areas that likely will
develop or be redeveloped within the by 2035 for the full diversity of residential development
densities and types typically found in a large urban municipality. The range of housing densities
and types includes, but is not limited to, single-family detached homes, semi-detached homes, zero
lot line units, patio homes, duplexes, townhouses, apartments and multi-family units,
condominiums, mobile home parks, and special residential accommodations for the elderly Though
the comprehensive plan indicates this for “new residential” there is existing commercial zoning
present on property abutting the property to the north. Therefore, the request is not unreasonable.
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7. Impact of the proposed development on community facilities: The proposed use will have no
detrimental impact on community facilities.
Attachments:
1. Aerial Map
2. Zoning Map
3. Land Use Map
4. CUP DP-29 Drawing
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CUP2020-00019 and ZON2020-00021
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CUP2020-00019 and ZON2020-00021