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District 6 Advisory Board

Regular Meeting

Wichita, KS · July 15, 2020

AgendaMinutes

Minutes

District 6 Advisory Board Minutes Wednesday, July 15, 2020 • 6:30 p.m. Virtual Meeting • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business The District 6 Advisory Board meeting was held online at 6:30 p.m. via the Zoom platform. Council Member Cindy Claycomb, seven DAB members, two City staff, and three members of the public were present. Members Present Staff Present Linda Matney Ana Lopez, Community Services Sergio Devora-Najera Representative, City Manager’s Office Melinda Kellogg Scott Lucas Kathy Morgan, MAPD Bill Washburn James Deckard Greg Boyajian Members Absent Bill Longnecker Gisela Pena Shaun Rojas Angela Martinez Alayna Welch (Youth) • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business Council Member Cindy Claycomb called the July 15, 2020 DAB 6 meeting to Order. Approval of the Minutes for June 17, 2020 Action Taken: James Deckard made a motion to APPROVE the June 17, 2020 DAB 6 Minutes. The motion was seconded by Scott Lucas. MOTION PASSED 6-0 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. DAB 6 • July 15, 2020 • Minutes • Page 1 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. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 3. CON2020-00024 Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an application on behalf of Antoine WaKim (Owner) / Jeremiah Leathers (Applicant)) for a Conditional Use request to allow outdoor vehicle sales on property zoned Limited Commercial (LC). The site is located on the south side of West Central Avenue, 900 feet west of North West Street (4231 W. Central Avenue). The subject site is developed with a one-story masonry service repair building with two garage door openings on the north elevation. The building site has been operating as an automotive repair business for several years. Per the Unified Zoning Code (UZC), outdoor vehicle and equipment sales may be permitted with a conditional use in the LC zoning district. RECOMMENDATION: Based upon information available prior to the public hearings and evaluating the conditions and uses of the surrounding neighborhood, staff believes the establishment of a car sales lot at this location would be introducing a new use in the Community Core. Therefore, staff is recommending the request be DENIED. Should the MAPC feel this request should be approved, staff recommends the request be subject to the following conditions: 1. A revised site plan, drawn to scale and addressing the conditions of approval shall be submitted for review and approval by the Planning Director or his designee prior to the issuance of a certificate of occupancy, but no later than 30 days after approval of the Conditional Use. 2. All requirements of Article III, Section III.D.6.x. of the Unified Zoning Code shall be met. 3. No outside storage of salvaged vehicles or parts shall be permitted in association with this use. 4. The site shall be developed in general conformance with the approved site plan. All improvements shown on the approved site plan shall be completed prior to the operation of a vehicle sales lot; except the building addition may be completed at a later date, subject to a revised site plan confirm adequate parking. 5. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 6.If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. DAB 6 • July 15, 2020 • Minutes • Page 2 This recommendation of denial is based on the following findings: 1. The zoning, uses and character of the neighborhood West Central Avenue and South West Street are five-lane arterial streets with Limited Commercial zoning from West Street to I-235. Property south of the site is zoned GO General Office. 2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned LC and has an operating auto repair shop, and could continue as such a use as well as broad range of other permitted commercial uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle sales on a site this size when developed with the conditional use, will introduce a new use not allowed by right in the arterial corridor at this location. 4. Conformance of the requested change to adopted or recognized Plans/Policies: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area and the Wichita: Places for People Plan identifies the site as being located in a Community Core. If, in the opinion of the Planning Commission, the request is determined to be appropriate, the Planning Commission should adopt alternative findings supporting approval and approval should be subject to the following conditions: 1) The Conditional Use shall be limited to the sales of cars and pick-up (light) trucks. No sale or rental of trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in effect. No more than five (5) cars for sale will be allowed on the lot at one time. 2) Because the UZC’s definition of “vehicle repair limited” does not allow the outside repair or maintenance services of vehicles none shall be conducted on the site, unless a building is provided for this activity; UZC. Art. II, Sec.II-B.14.i. No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. No outside storage of parts, including tires, oil containers or any similar type of receptacles for new or used petroleum products. 3) All improvements to the property must be finished before car sales is permitted. Those improvements shall include, but not limited to, clearly marked customer and employee parking and the display area, proposed lighting and a solid fenced trash receptacle area. 4) The applicant shall submit a scaled revised site plan for review and approval by the Planning Director, prior to the selling of any cars or light trucks. The site plan will include, but not be limited to, internal circulation that will remain open at all time to allow access, required screening along the south property line, parking barriers along the north property and west property lines, area designated for display of cars, customer and employee parking, any existing or proposed signs, existing or proposed lighting, landscaping plan along the south property line and location of a fenced trash receptacle. The site will be developed according to the revised site plan. 5) The selling of vehicles is subject to the supplemental use regulations of UZC Section III D. 6. X. pertaining to vehicle and equipment sales in the LC zoning district. 6) Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No vehicles for sale shall be displayed in required off-street parking spaces. No parking is allowed on unpaved surfaces on the lot. 7) The site shall be developed and operated in compliance with all federal, state, and local rules and DAB 6 • July 15, 2020 • Minutes • Page 3 regulations. 8) If the Zoning Administrator finds that there is a violation of any of the conditions of the conditional use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the conditional use is null and void. The MAPC public hearing for this item will be on July 23, 2020. The applicant/agent was in attendance. After the presentation by Senior Planner, Kathy Morgan, DAB and members of the public asked and made the following summarized questions and comments: Q (CM): Where are the five parking stalls dedicated for vehicle sales? A (Morgan): There are three stalls angle parking along West Central, with parking four and five in front of the building. Q (CM): Are the rest of the parking spots for customers and employees? A (Morgan): Yes, around the building. Q (DAB): Is there screening along the street? A (Morgan): No because it’s limited commercial zoning and there is no requirement for any kind of screening. There will be a barrier so the cars do not encroach on the sidewalk. C ((Morgan): The applicant plans on only having three cars on display and if at one point he has five the cars will be rotated for display. C (Applicant): That is correct. Q (DAB): Is this going to be a balanced business between sales and continuing with car repairs. C (Applicant): The automotive will be separate. C ((Morgan): None of the upholstery work will be done outside. Council Member Claycomb asked if there are further questions or comments from the board. None. Questions or comments from the audience. None. Action Taken: Greg Boyajian made a motion to APPROVE staff’s recommendation. The motion was seconded by Bill Washburn MOTION PASSED 7-0 4. Evergreen Revitalization Presentation by Vice Mayor Cindy Claycomb on the Evergreen Revitalization project. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 5. 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. DAB 6 • July 15, 2020 • Minutes • Page 4 Riverside Neighborhood Association hosted their first in person meeting on July 14 th and did a great job practicing social distancing. Other neighborhood associations are also starting to meet virtually. The DAB has new members and a Training/Orientation will be scheduled next month. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The meeting was adjourned at 7:39 p.m. The next District 6 Advisory Board meeting will be held at 6:30 p.m., Wednesday, August 19, 2020 virtually. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Guests Caller 1 Caller 2 Jeremiah Leathers - Applicant for CON2020-00024 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Respectfully submitted, Ana Lopez, Community Services Representative, District 6 District 6 Advisory Board meeting - Online Video DAB 6 • July 15, 2020 • Minutes • Page 5

Agenda

District 6 Advisory Board Agenda Wednesday, July 15, 2020 • 6:30 p.m. (CDT) Online Instructions for viewing and giving comments Please join my meeting from your computer, tablet or smartphone. https://us02web.zoom.us/j/83391859142?pwd=RmJYaGhoVGQwczBQU09heWVLU2Uxdz09 Meeting ID: 833 9185 9142 Password: 0715 You can also dial in using your phone. (For supported devices, tap a one-touch number below to join instantly.) Meeting ID: 833 9185 9142 Password: 0715  It is advisable to have your microphone on “mute” to keep out background noises, until you wish to speak.  Should you wish to speak on an agenda item, send your request through the “chat” option (balloon quip) located at the top right of your screen. You will be called on when it is your turn.  All votes will be taken by stating “Aye” or “Nay”. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business  Call to Order  Approval of the Minutes for June 17, 2020 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 • July 15, 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. CON2020-00024 Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an application on behalf of Antoine WaKim (Owner) / Jeremiah Leathers (Applicant)) for a Conditional Use request to allow outdoor vehicle sales on property zoned Limited Commercial (LC). The site is located on the south side of West Central Avenue, 900 feet west of North West Street (4231 W. Central Avenue). The subject site is developed with a one-story masonry service repair building with two garage door openings on the north elevation. The building site has been operating as an automotive repair business for several years. Per the Unified Zoning Code (UZC), outdoor vehicle and equipment sales may be permitted with a conditional use in the LC zoning district. The applicant’s site plan shows the existing commercial structure with customer and vehicle sales parking spaces marked. South of the building is a paved area approximately 50 feet deep by 80 wide with parking for employees. The lot dimensions are approximately 74 feet wide and 215 feet deep. The site has one drive access onto West Central Avenue in the middle of the property. The parking for the outdoor vehicle sales will use the east access drive and exit through the access drive on the property west of the site. There is a cross lot access agreement with the property owner to the east. West Central Avenue is a five-lane arterial corridor. The north and south sides of the street are zoned LC developed with auto service businesses, retail and fast food restaurants. South of the project site is property zoned GO General Office and is developed with a dental laboratory. There is no residential zoning district that abuts the property. There are used car lots on West Central Avenue located at 5601 W. Central Avenue and 6000 W. Central Avenue. There are no used car lots from the subject site east to North McLean Boulevard. Outdoor vehicle and equipment sales uses are subject to the following supplementary use regulations control in UZC Article III, Section III-D.6.x. when located within the LC zoning district as follows: (1) Location shall be contiguous to a major Street as designated in the Transportation Plan adopted by the Governing Bodies, and as amended from time to time. (2) Visual Screening of areas Adjacent to residential zoning districts shall be provided to protect adjacent properties from light, debris and noise and to preserve adjacent property values even when the change in use to Vehicle and Equipment Sales replaces a previous use that is of equal or greater intensity. In no case shall the screening be less than that required by Sec. IV- B.1-3. (3) All Parking, Outdoor Storage and display areas shall be paved with concrete, asphalt or asphaltic concrete or any comparable hard surfacing material. Parking barriers shall be installed along all perimeter boundaries Abutting streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles do not encroach onto public street right-of-way. (4) The lighting shall be in compliance with the lighting requirements of Sec.IV-B.4. No string-type or search lighting shall be permitted. DAB 6 • July 15, 2020 • Agenda • Page 2 (5) The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor speakers and sound amplification systems shall not be permitted. (6) No repair work shall be conducted on site, except in an enclosed building, and further provided that no body or fender work is done. (7) Only those signs permitted in the LC District shall be permitted on this site, except that no portable, flashing, moving or off-site signs shall be permitted and no streamers, banners, pennants, pinwheels, commercial flags, bunting or similar devices shall be permitted. (8) There shall be no use of elevated platforms for the display of vehicles. CASE HISTORY: The Westex Addition was in 1971 and the West City Addition was platted in 1976. ADJACENT ZONING AND LAND USE: NORTH: LC Fast Food Restaurant and an Auto Parts Store SOUTH: GO Dental Laboratory EAST: LC Retail strip center WEST: LC General Retail PUBLIC SERVICES: West Central is currently a five-lane arterial carrying 22,884 vehicles on an average day between West Street and Anna. By 2030 the traffic volume is projected to increase to 24,019 average daily trips. Municipal sewer and water services are available to the site. CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three-mile radius. The Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Future Growth Concept Map identifies the area “New Employment.” The Wichita: Places for People Plan https://www.wichita.gov/Planning/PlanningDocument/Walkable%20Development%20Book.pdf identifies the intersection of Central and West Streets as a “Community Core” which emphasize greater access for those commuting by car, but are also accessible by foot, bicycle, and transit. It is staff’s interpretation that the Community Core identified in the Wichita: Places for People Plan does not support the introduction of a new use in this location. RECOMMENDATION: Based upon information available prior to the public hearings and evaluating the conditions and uses of the surrounding neighborhood, staff believes the establishment of a car sales lot at this location would be introducing a new use in the Community Core. Therefore, staff is recommending the request be DENIED. This recommendation of denial is based on the following findings: 1. The zoning, uses and character of the neighborhood West Central Avenue and South West Street are five-lane arterial streets with Limited Commercial zoning from West Street to I-235. Property south of the site is zoned GO General Office. 2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned LC and has an operating auto repair shop, and could continue as such a use as well as broad range of other permitted commercial uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle sales on a site this size when developed with the conditional use, will introduce a new use not allowed by right in the arterial corridor at this location. 4. Conformance of the requested change to adopted or recognized Plans/Policies: The DAB 6 • July 15, 2020 • Agenda • Page 3 adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area and the Wichita: Places for People Plan identifies the site as being located in a Community Core. If, in the opinion of the Planning Commission, the request is determined to be appropriate, the Planning Commission should adopt alternative findings supporting approval and approval should be subject to the following conditions: 1) The Conditional Use shall be limited to the sales of cars and pick-up (light) trucks. No sale or rental of trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in effect. No more than five (5) cars for sale will be allowed on the lot at one time. 2) Because the UZC’s definition of “vehicle repair limited” does not allow the outside repair or maintenance services of vehicles none shall be conducted on the site, unless a building is provided for this activity; UZC. Art. II, Sec.II-B.14.i. No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. No outside storage of parts, including tires, oil containers or any similar type of receptacles for new or used petroleum products. 3) All improvements to the property must be finished before car sales is permitted. Those improvements shall include, but not limited to, clearly marked customer and employee parking and the display area, proposed lighting and a solid fenced trash receptacle area. 4) The applicant shall submit a scaled revised site plan for review and approval by the Planning Director, prior to the selling of any cars or light trucks. The site plan will include, but not be limited to, internal circulation that will remain open at all time to allow access, required screening along the south property line, parking barriers along the north property and west property lines, area designated for display of cars, customer and employee parking, any existing or proposed signs, existing or proposed lighting, landscaping plan along the south property line and location of a fenced trash receptacle. The site will be developed according to the revised site plan. 5) The selling of vehicles is subject to the supplemental use regulations of UZC Section III D. 6. X. pertaining to vehicle and equipment sales in the LC zoning district. 6) Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No vehicles for sale shall be displayed in required off-street parking spaces. No parking is allowed on unpaved surfaces on the lot. 7) The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 8) If the Zoning Administrator finds that there is a violation of any of the conditions of the conditional use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the conditional use is null and void. 4. Evergreen Revitalization Vice Mayor Cindy Claycomb, will present the Evergreen Revitalization project. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 6 • July 15, 2020 • Agenda • Page 4 Board Agenda 5. 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., Wednesday, August 19, 2020 virtually. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 6 • July 15, 2020 • Agenda • Page 5 AGENDA ITEM NO. 3 STAFF REPORT MAPC: July 23, 2020 DAB VI: July 15, 2020 CASE NUMBER: CON2020-00024 OWNER/APPLICANT: Antoine WaKim (Owner) / Jeremiah Leathers (Applicant) REQUEST: Conditional Use for Outdoor Vehicle Sales CURRENT ZONING: LC Limited Commercial SITE SIZE: 0.62 acre LOCATION: South side of West Central Avenue, 900 feet west of North West Street (4231 W. Central Avenue) PROPOSED USE: Outdoor Vehicle Sales CON2020-00024 Metropolitan Area Planning Commission Page 1 Entertains BACKGROUND: The applicant is requesting a “conditional use” to allow outdoor vehicle sales on property zoned Limited Commercial (LC). The site is located on the south side of West Central Avenue, 900 feet west of North West Street (4231 W. Central Avenue). The subject site is developed with a one- story masonry service repair building with two garage door openings on the north elevation. The building site has been operating as an automotive repair business for several years. Per the Unified Zoning Code (UZC), outdoor vehicle and equipment sales may be permitted with a conditional use in the LC zoning district. The applicant’s site plan shows the existing commercial structure with customer and vehicle sales parking spaces marked. South of the building is a paved area approximately 50 feet deep by 80 wide with parking for employees. The lot dimensions are approximately 74 feet wide and 215 feet deep. The site has one drive access onto West Central Avenue in the middle of the property. The parking for the outdoor vehicle sales will use the east access drive and exit through the access drive on the property west of the site. There is a cross lot access agreement with the property owner to the east. West Central Avenue is a five-lane arterial corridor. The north and south sides of the street are zoned LC developed with auto service businesses, retail and fast food restaurants. South of the project site is property zoned GO General Office and is developed with a dental laboratory. There is no residential zoning district that abuts the property. There are used car lots on West Central Avenue located at 5601 W. Central Avenue and 6000 W. Central Avenue. There are no used car lots from the subject site east to North McLean Boulevard. Outdoor vehicle and equipment sales uses are subject to the following supplementary use regulations control in UZC Article III, Section III-D.6.x. when located within the LC zoning district as follows: (1) Location shall be contiguous to a major Street as designated in the Transportation Plan adopted by the Governing Bodies, and as amended from time to time. (2) Visual Screening of areas Adjacent to residential zoning districts shall be provided to protect adjacent properties from light, debris and noise and to preserve adjacent property values even when the change in use to Vehicle and Equipment Sales replaces a previous use that is of equal or greater intensity. In no case shall the screening be less than that required by Sec. IV- B.1-3. (3) All Parking, Outdoor Storage and display areas shall be paved with concrete, asphalt or asphaltic concrete or any comparable hard surfacing material. Parking barriers shall be installed along all perimeter boundaries Abutting streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles do not encroach onto public street right-of-way. (4) The lighting shall be in compliance with the lighting requirements of Sec.IV-B.4. No string-type or search lighting shall be permitted. (5) The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor speakers and sound amplification systems shall not be permitted. (6) No repair work shall be conducted on site, except in an enclosed building, and further provided that no body or fender work is done. CON2020-00024 Metropolitan Area Planning Commission Page 2 (7) Only those signs permitted in the LC District shall be permitted on this site, except that no portable, flashing, moving or off-site signs shall be permitted and no streamers, banners, pennants, pinwheels, commercial flags, bunting or similar devices shall be permitted. (8) There shall be no use of elevated platforms for the display of vehicles. CASE HISTORY: The Westex Addition was in 1971 and the West City Addition was platted in 1976. ADJACENT ZONING AND LAND USE: NORTH: LC Fast Food Restaurant and an Auto Parts Store SOUTH: GO Dental Laboratory EAST: LC Retail strip center WEST: LC General Retail PUBLIC SERVICES: West Central is currently a five-lane arterial carrying 22,884 vehicles on an average day between West Street and Anna. By 2030 the traffic volume is projected to increase to 24,019 average daily trips. Municipal sewer and water services are available to the site. CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three-mile radius. The Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Future Growth Concept Map identifies the area “New Employment.” The Wichita: Places for People Plan https://www.wichita.gov/Planning/PlanningDocument/Walkable%20Development%20Book.pdf identifies the intersection of Central and West Streets as a “Community Core” which emphasize greater access for those commuting by car, but are also accessible by foot, bicycle, and transit. It is staff’s interpretation that the Community Core identified in the Wichita: Places for People Plan does not support the introduction of a new use in this location. RECOMMENDATION: Based upon information available prior to the public hearings and evaluating the conditions and uses of the surrounding neighborhood, staff believes the establishment of a car sales lot at this location would be introducing a new use in the Community Core. Therefore, staff is recommending the request be DENIED. This recommendation of denial is based on the following findings: 1. The zoning, uses and character of the neighborhood West Central Avenue and South West Street are five-lane arterial streets with Limited Commercial zoning from West Street to I-235. Property south of the site is zoned GO General Office. 2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned LC and has an operating auto repair shop, and could continue as such a use as well as broad range of other permitted commercial uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle sales on a site this size when developed with the conditional use, will introduce a new use not allowed by right in the arterial corridor at this location. 4. Conformance of the requested change to adopted or recognized Plans/Policies: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the CON2020-00024 Metropolitan Area Planning Commission Page 3 site as within the Established Central Area and the Wichita: Places for People Plan identifies the site as being located in a Community Core. If, in the opinion of the Planning Commission, the request is determined to be appropriate, the Planning Commission should adopt alternative findings supporting approval and approval should be subject to the following conditions: 1) The Conditional Use shall be limited to the sales of cars and pick-up (light) trucks. No sale or rental of trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in effect. No more than five (5) cars for sale will be allowed on the lot at one time. 2) Because the UZC’s definition of “vehicle repair limited” does not allow the outside repair or maintenance services of vehicles none shall be conducted on the site, unless a building is provided for this activity; UZC. Art. II, Sec.II-B.14.i. No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. No outside storage of parts, including tires, oil containers or any similar type of receptacles for new or used petroleum products. 3) All improvements to the property must be finished before car sales is permitted. Those improvements shall include, but not limited to, clearly marked customer and employee parking and the display area, proposed lighting and a solid fenced trash receptacle area. 4) The applicant shall submit a scaled revised site plan for review and approval by the Planning Director, prior to the selling of any cars or light trucks. The site plan will include, but not be limited to, internal circulation that will remain open at all time to allow access, required screening along the south property line, parking barriers along the north property and west property lines, area designated for display of cars, customer and employee parking, any existing or proposed signs, existing or proposed lighting, landscaping plan along the south property line and location of a fenced trash receptacle. The site will be developed according to the revised site plan. 5) The selling of vehicles is subject to the supplemental use regulations of UZC Section III D. 6. X. pertaining to vehicle and equipment sales in the LC zoning district. 6) Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No vehicles for sale shall be displayed in required off-street parking spaces. No parking is allowed on unpaved surfaces on the lot. 7) The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 8) If the Zoning Administrator finds that there is a violation of any of the conditions of the conditional use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the conditional use is null and void. Staff Report Attachments: a. Site Plan Submitted by Applicant b. Aerial Map c. Zoning Map d. Land Use Map CON2020-00024 Metropolitan Area Planning Commission Page 4 e. Wichita: Places for People Community Core CON2020-00024 Metropolitan Area Planning Commission Page 5 CON2020-00024 Metropolitan Area Planning Commission Page 6 CON2020-00024 Metropolitan Area Planning Commission Page 7 CON2020-00024 Metropolitan Area Planning Commission Page 8 CON2020-00024 Metropolitan Area Planning Commission Page 9 CON2020-00024 Metropolitan Area Planning Commission Page 10 CON2020-00024 Metropolitan Area Planning Commission Page 11