District 6 Advisory Board
Regular MeetingWichita, KS · December 7, 2020
Minutes
District 6 Advisory Board Minutes
Monday, December 7, 2020 • 6:30 p.m.
Virtual Meeting • Zoom and Facebook Live
The District 6 Advisory Board meeting was held online at 6:30 p.m. via the Zoom platform. Council
Member Cindy Claycomb, nine DAB members, seven City staff, and ten members of the public were
present. Link to District 6 Advisory Board December 7, 2020 Meeting.
Members Present Staff Present
Linda Matney Ana Lopez, Community Services
Melinda Kellogg Representative, City Manager’s Office
Scott Lucas Captain M. Bumgarner, WFD
Bill Washburn Officer K. Weidner, WPD
James Deckard Officer N. Schwiethale, WPD
Angela Martinez Kathy Morgan, MAPD
Greg Boyajian Mike Armour, Traffic Engineer, Public Works
Bill Longnecker and Utilities
Alayna Welch (Youth) Gary Janzen, City Engineer, Public Works and
Utilities
Members Absent Sean Jones, Communication Specialist, Library
Gisela Pena
Shaun Rojas
Sergio Devora-Najera
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Order of Business
Council Member Cindy Claycomb called the December 7, 2020 DAB 6 meeting to Order.
Approval of the Minutes for November 2, 2020
Action Taken: James Deckard made a motion to APPROVE the November 2, 2020 DAB 6 Minutes. The
motion was seconded by Melinda Kellogg.
MOTION PASSED 8-0
Staff Reports
1. Wichita Fire Department
Captain Bumgarner, WFD, Wichita Fire Department
During the month of November there were a significant fire alarms in District 6 including 3 property fires.
Many times fires are due to unattended cooking or smoking not put out appropriately. During the months
of October and November we received 1300 calls about 1100 of those calls are medical including patients
with Covid. WFD is following all precautions and Covid-19 guidelines. The pandemic has impacted how
DAB 6 • December 7, 2020 • Minutes • Page 1
we do our operations as far as training. Normally, this time of year especially in the fall when we do a lot
of joint training with other stations. We typically go down to the training grounds as fall is a great time to
do training, especially outdoor training. We hope to get back to training next spring. We’ve seen an
increase in drug overdoses in the area.
Q (DAB Member): Is WFD looking for potential vaccine as first responders?
A (Captain Bumgarner): I don't know any procedures right now or policy of how we're going to get that
out.
C (Cindy Claycomb): Governor Kelly last week talked to us about healthcare workers, first responders,
and essential workers are at the top of the list followed by people over the age of 65 with medical risks
and then people under the age of 65 with medical risks and then the healthy population under 65. I don’t
think they know just yet exactly what that means in terms of rolling it out.
C (Captain Bumgarner): The City of Wichita started a program last week to get employees tested if we
have symptoms. That's a good improvement for us as we do not have to wait to get tested and the results
are received within 24 hours.
C (Ana Lopez): We have a comment on Facebook from one of our live viewers, “There was a fire at
McComas & Westport last week. Great job putting that out!”
C (Captain Bumgarner): That fire was handled by my station. Thanks for the support.
Recommended Action: Receive and file.
2. Wichita Police Department
Community Policing Officers present District 6 statistics and crime trends, discuss relevant safety topics,
provide department updates, and answer questions.
Officer K. Weidner, WPD, Beat 49. Aggravated assaults have gone up which would mean incidents with
a deadly weapon. We’ve also had a lot of calls of shots being fired. There are still some gang drive-bys
and stuff going on amongst that stuff. Burglaries seem to be down for the month. This primarily, a very,
very busy month for burglaries and robberies. I haven't seen it yet, but I'm sure within the next week or
two, it'll get there. Residents need to be aware and do what you can to save your property. This includes
locking up your home and vehicles. Gang graffiti is an issue in my beat and I continue getting report
emails.
Officer N. Schwiethale, WPD. Officers from other beats have been pulled over to start a community
policing program for the downtown district Bureau. They’ve been meeting with a lot of people in that area
to figure out what their biggest concerns are. A lot of businesses wanted to see more the horses in the
downtown area. Another major issue that was brought up during this survey was actually the homeless
population which is a pretty common theme and also common for cities in the downtown area. To help us
address some of those solutions, one of the things we're thinking about doing is coming in early before
businesses even open to drive through and see if there's homeless that are not utilizing the shelters,
which we do have shelter space available and they're trespassing. Our goal is to get them connected with
services and moved on to those programs that can best help them in regards to our homeless outreach
team. I applied and conjunction with our housing department for a federal grant to the Department of
Justice to address some issues in the downtown area specifically in District 6. We were awarded a million
dollars. What that grant the other ones that look like it's going to focus on homeless individuals in that
area in order to get them housing and then get them connected with case managers. The key is to get
them into housing, but we also get I have to have case managers to work with them on a weekly basis, to
help them be successful.
DAB 6 • December 7, 2020 • Minutes • Page 2
C (Cindy Claycomb): On December 14 at 1:30 pm will be doing a Facebook live event on that grant that
you just talked about with Sally Stang. Chief Ramsey is going to be part of that as well.
Q (DAB Member): Based on the contents of the grant, what’s the focus of the intent to provide housing
options?
A (Officer N. Schwiethale): A study done by university, North Carolina, Charlotte and it showed that if you
can get a homeless person house. It reduces their vacancy arrest and issues by 84%. If we can address
that for a housing perspective, we know that the data in the research shows that that will actually reduce
it. That's what we're trying to get focused on. It's law enforcement working in conjunction with the
Department of Housing get individuals a house with wrap around case management in order to make
them successful, thereby reducing the criminal activity, which is what the research and the data shows.
Q (DAB Member): Any coordination between us and the community service block grant monies that we
have from the federal government in regards to housing?
A (Cindy Claycomb): Yes. Last week we announced the cares act funding from HUD, some is CSBG
money for the purchase the 316 hotel on North Broadway to convert it to 56 apartment units for
permanent supportive housing. It’s a pretty exciting project. It fits right into what officer Nate was talking
about, about getting people housed and so 56 people off the streets off of North Broadway.
C (Cindy Claycomb): A comment in the chat says homeless are camping out on the lake behind the twin
like shopping center they broken down the chain link fence on the east side of eminent along and like the
northwest corner of the lake.
A (Officer N. Schwiethale): It’s the first time we've heard about it. I do want to say thank you to the
citizens, that's where we get a lot of our eyes and ears in the community. If you ever had those issues or
if you see a campsite, let us know. You can contact our hot team and leave a message at 854 3013 for us
about things that you see. We’re really lucky that our City, City Council and our Chief supports our Hot
Team so we can go out and address it in a compassionate manner.
Q (Guest): In relation to your grant that you're speaking, I understand the housing is the major emphasis,
but is there also a transportation element in that?
A (Officer N. Schwiethale): I actually just wrote a grant through a foundation locally and we're able to
purchase local bus passes. So if we have a homeless person who verifies they have employment, we will
give them free bus city local bus passes until they receive their first pay check. When we verified a
homeless person has a job, they may get a bikes for free through Bike Walk Wichita.
Q (DAB Member): Going back to Community Service Block Grant monies, there is money for
transportation in regards to going to and from work. It would be nice to know about this with this
committee to see if there could be any kind of coordination.
A (Cindy Claycomb): Housing and Community Services will be part of this grant and so they'll make sure
those things are brought together.
Recommended Action: Receive and file.
3. Park & Recreation Department Report
Park & Recreation Department – The Jr. basketball league for boys and girls K-6 registration is open.
Leagues start Jan. 25, call the Evergreen Rec Center office for more details. Park and Rec department is
thrilled to introduce Wichita Park & Recreation’s very own Amazon Alexa Skill, "Wichita Parks!" It’s the
first of its kind offered by any City across the nation, interacting with users via text to send direct links to
DAB 6 • December 7, 2020 • Minutes • Page 3
websites through voice automation. To enable the skill, activate your Amazon Echo by saying "Alexa,
open Wichita Parks!” For more details and help getting started, please call the department offices. Tickets
are still available for the OJ Watson Christmas express. There will be a reading of the book “Polar
Express” followed by a train ride, s’mores and hot chocolate around the fire and campfire songs. Tickets
can be purchased through the online registration software, Evolve, found on the city’s website. Masks,
social distancing and other precautions are implemented. Illuminations by Botanica is still happening this
year, both in a walk through and drive through option. The walk through will be available through Jan 9
and the drive through will be available until Jan 30. All tickets can be purchased online and in advance.
Recommended Action: Receive and file.
4. Wichita Public Library Report
Sean Jones, Communication Specialist, Library reports on events and programs at the Evergreen
Branch Library and the Advanced Learning Library.
All Wichita Public Library locations are operating with curbside and drive up window service only. This
decision was made by Library staff due to the rising numbers of COVID-19 cases in Wichita. Customers
are able to borrow materials from the Library by placing holds through the online catalog or by calling your
branch location. Hold and transfer fees will be waived at this time. When materials are ready for pick up,
customers will be notified. Public computing will not be available. Copy, print and fax service will be available
at all locations through curbside and drive up window service. The Library’s digital collection is available
24/7 on OverDrive and Flipster. More information available at www.wichitalibrary.org/covid-19.
The Library is once again collaborating with the Greater Wichita YMCA to offer the Cooking Matters series,
which runs through January 12. There is no program on Tuesday, December 29. This virtual series help
families learn to shop for and cook healthy meals on a budget. Classes include cooking demos and budget-
friendly meal ideas. Residents can sign up for one or all classes. If you attend three classes in the series
and complete a survey, you will receive a $20 grocery gift card. This class is for adults (parents, caregivers
of kids or pregnant women). Visit www.wichitalibrary.org/events to learn more and register.
The Library and its many community partners have rescheduled the NEA Big Read: Wichita for January 9-
February 21, 2021. It will be a virtual program and will feature great programming based around this year’s
book, “Circe” by Madeline Miller. The virtual kickoff celebration will be broadcast on KPTS Channel 8 on
Saturday, January 9, 2021 at 2:30 p.m. It will also be available to stream live on www.kpts.org. The kickoff
will get viewers in the spirit of this year’s Big Read and will also have information on how you can get a free
copy of this year’s book. Learn more about the Big Read at www.bigreadwichita.org.
Registration for the winter session of virtual programs at the Library is available online at
www.wichitalibrary.org/events. All programs will be held on Zoom. Customers will receive an email with
Zoom login information the day before and the day of the event.
To begin the renovation process of the current Evergreen Branch Library to become a new community
center for the Evergreen community, the Evergreen Branch Library is temporarily closed. We will spend a
couple weeks moving to our temporary location at the Evergreen Recreation Center, 2700 N. Woodland.
We will open at this space on December 21. We will operate in a limited capacity at this location. Customers
will be able to pick up holds, return items into a book drop we are installing, and browse a small collection
of popular materials. Hours of operation at the temporary space will be: Monday-Wednesday, 9 a.m.-Noon;
Thursday, 2-5:30 p.m., and Friday, 2-5 p.m.
Recommended Action: Receive and file.
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DAB 6 • December 7, 2020 • Minutes • Page 4
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.
5. Scheduled Items
No scheduled Public Agenda items this month.
6. Off-Agenda Items
No Off-Agenda items Public Agenda items this month.
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New Business
7. 3rd Street Traffic Signal Removals at Topeka and Emporia
Mike Armour, Traffic Engineer presents the results from the signal removal trial that began on
November 4th and their plans moving forward based on the results of the trial.
After the presentation DAB and members of the public asked and made the following summarized questions
and comments:
Q (DAB Member): So what makes it qualified to have a signal there. What are the requirements, it has to
meet?
A (Mike Armour): There's actually eight different requirements or different warrants ways that a signal
could be warranted for installation. They vary the prominent one is traffic volumes and there's three
different types of traffic volume analysis. There's an eight hour analysis, a four hour analysis and there's a
peak hour traffic volume analysis. Then there's some more obscure ones. There's proximity to where
we're crossing or school or if it's in a series of other signals that are coordination and it's needed to
maintaining proper flow of traffic that we're coordinated segment of roadway. Prominently it's those first
three. Another one would be crashes, too. So depending on the number of crashes that would occur.
8. CON2020-00034
Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an application on
behalf of JB Holdings, LLC (Owner); Network Real Estate, LLC (Agent). The applicant is seeking a
Conditional Use for a Wireless Communication Facility. Generally located one block north of East 13th
Street North and on the west side of North Santa Fe Avenue (625 E 14th Street North).
CON2020-00034 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020-12-
07%20CON2020-00034%20MAPC%20Staff%20Report.pdf
Recommended Action: Based upon the information available prior to the public hearings, planning staff
recommends that the request be APPROVED subject to the following conditions:
A. All requirements of Section III-D.6.g of the Unified Zoning Code shall be met.
B. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility,
and the Wireless Communication Facility within 50 days of submittal of the building permit
application, and it shall be erected within one year of approval of the Conditional Use by the MAPC
or Governing Body, as applicable.
C. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive
color with a matte finish to minimize glare.
DAB 6 • December 7, 2020 • Minutes • Page 5
D. The support structure shall be no taller than 125 feet in height, plus an additional five (5) feet for
lightning suppression equipment.
E. The equipment compound shall be screened with an eight (8) foot tall solid screening fence.
F. A site plan and elevation drawing indicating the approved design of the Wireless Communication
Facility, screening, and landscape buffer shall be submitted for approval by the Planning Director
within 60 days of approval of the Conditional Use and prior to the issuance of the Conditional Use
Resolution.
G. The site shall be developed in general conformance with the approved site plans. All improvements
shall be completed before the facility becomes operational.
H. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and
"impacts to terminal instrument procedures" for the proposed wireless communication facility and
shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA approval
to the Metropolitan Area Building and Construction Department prior to the issuance of a building
permit.
I. The site shall be developed and operated in compliance with all federal, state, and local rules and
regulations.
J. 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 Metropolitan Area Planning Commission public hearing for this item was held on December 3, 2020.
The applicant/agent was in attendance.
The DAB heard the request so that adjacent property owners and Wichita residents had an opportunity to
express their concerns. After the presentation by Senior Planner, Kathy Morgan, DAB and members of
the public asked and made the following summarized questions and comments:
C (Morgan): This case was approved by MAPC unanimously. No protest petitions and only one call was
received by Planning Department.
Q (DAB): Would the applicant considered not protesting any paving petition that may come up in the
future?
A (Applicant): Absolutely.
Q (DAB): Were there any possibilities for other areas on 17th and Broadway?
A (Applicant): There we're not, we look at every colocation possibility in our search and there were not
many colocation opportunities that would cover that would meet the objectives of AT&T.
Q (DAB): Drove by the location this afternoon and did not see any notification postings has that period
past?
A (Kathy Morgan): Yes, the signs can be taken down after the MAPC public meeting.
C (Cindy Claycomb): People who live within or people who own property within 200 feet received a
notification letter.
C (DAB): I live relatively close to the location, with in couple of blocks. It’s really just another tower to add.
I’m not a fan but it is what it is.
C (Cindy Claycomb): Thanks, it's good to hear from the people that live right in the neighborhood.
Q (DAB): Who's going to make sure that the applicant signs the no protest form for future paving petition?
DAB 6 • December 7, 2020 • Minutes • Page 6
A (Kathy Morgan): The planner handling the case will provide the form to the applicant. It has to go
through public works and we ushered that through the process.
C (Cindy Claycomb): Should it be part of the motion if DAB would like to include it?
A (Kathy Morgan): Yes.
Q (Guest): I don't object to this tower, but I have a question, since it was mentioned. When a tower
application goes in and it's not completed within a year is that the tower itself or the towers with antenna.
What's considered completed? The reason I'm asking is because at 400 South Custer a tower was built
several years ago and it doesn’t have any fins on it. It's just a big spike in the air. I just wondered if it was
ever going to be utilized or if we're just are we approving towers when they're not really needed
A (Kathy Morgan): I honestly don't know. I know in this specific instance, there was never a building
permit pole to build the 150 foot tower that was approved in 2008.
C (Guest): Before they make an application they hire historic preservation company that legal notice
address or Indication puts us about 12th Street, and we were very concerned because there's so many
historic houses over there on Emporia. I spent some time trying to figure out where the tower was going
to be. Finally, like a month later, we find out it's not there at all. Its four blocks the other way. So I'm just
wondering, it just seems like there's been some Legal notices that are off quite a bit and it throws off the
public. The one over there at 2015 North American was really supposed to be 2050 West 11th that's
miles apart. That's not anything with this particular tower, but when we're looking at public notices and
now we're looking at with Places for People may be getting rid of public notices. I'm a little concerned that
there won't be enough transparency, just something to think about.
A (Kathy Morgan): The places for people, the notifications that you wouldn't get they have to follow a
specific set of conditions that are outlined. If they don't meet those as is outlined in the adopted plan then
they have to go through the zoning process. Back to your section 106 review, that has to be conducted by
the FCC. The city doesn't conduct that for them, but they have to go through the process contacting the
State Historic Preservation Office, going through the tribal office, get their clearance to get their FAA
permit.
C (Guest): I understand the process, I just curious how the legal notice drives us to the wrong spot. This
tower looks okay. It does concern me a little bit that the fall zone is going to be taller that the hat, the
property 120 feet, but the tower is 125. I hope it doesn’t set any sort of precedent.
A (Applicant): Typically, the first thing I explained is the once communication towers are constructed,
they're constructed in a way that they will withstand firstly withstand over 100 mile an hour winds with a
half century radial ice on the tower, meaning it can be included completely enclosed in ice. They're built to
withstand a lot more than what the typical building. Let's say that that something did happen. Let's say
there was an earthquake or something under the tower or there was something that was the winds were
stronger than that tower could withstand the monopole type tower that is being built here are designed to
collapse in on themselves. They don't fall over like a tree. They’re designed to kind of collapse in on
themselves. That makes the falls on much smaller. So that's one thing that the tower companies have
been doing over the years to make sure that that if a tower goes down, it pretty much collapses in on
itself. I've been doing this for 20 some years, and not to say that hasn't happened but I’ve never seen a
tower going down. I've seen towers go through hurricanes and usually the wireless networks are the only
ones that are working, because they will they will withstand some horrendous wins.
Claycomb asked if there are further questions or comments from the board. None. Questions or comments
from the audience. None.
Action Taken: Bill Washburn made a motion to APPROVE staff’s recommendation with the inclusion of
the recommendation for the no protest paving memorandum. The motion was seconded by James
Deckard
DAB 6 • December 7, 2020 • Minutes • Page 7
MOTION PASSED 8-0
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Board Agenda
9. 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.
C (DAB Member): Quick update from Benjamin Hills and Pleasant Valley, we are having a holiday light
display contest. If you have any friends in the neighborhood and have some lights up they could win
some cool prizes. Our newsletter came out last week highlighting that a little bit. Normally, we do a
fundraiser for Operation Holiday with Covid and no Turkey Bingo that didn't really take place. We are
encouraging our neighborhood folks to give to Operation Holiday.
C (DAB Member): Minor neighborhood celebration. The new Sherwood Park finally started taking shape
this last week, the sports court got formed up they finished pouring the concrete today and scored at all
the basketball goal post is in. So things are moving forward.
Q (DAB Member): We talked a little bit about the 316 Hotel project and I thought it was really admirable. I
saw a story on Kake News, about how staff didn't know about the sale. These residents are concerned for
their future employment with the sale. Is there any plans to keep the staff or what happens with it with
their jobs?
A (Cindy Claycomb): The hotel has been for sale for quite a few months and employees would have
known it as it was public knowledge. As far as the City or Humankind taking care of those employees I
don't see that happening. The people that Humankind will hire are social workers and social service
providers. The city is just helping with the cares funding to make sure that that takes place, but then it will
be owned and managed by Humankind. It's not it's not going to be a hotel. Even if Humankind didn't
purchase it, the likelihood of it being purchased as a hotel wasn't very good, because their business
model was not doing well at all, which is why it was up for sale
C (Cindy Claycomb): Neighborhoods are sending out their newsletters and are much appreciated since
we're not having very many meetings in person. Newsletters are very helpful. Our next meeting is after
the New Year on Monday, January 4th. I hope that you all have a wonderful holiday however you
celebrate. Everybody please stay safe, wear your mask, wash your hands and social distance. We'll see
after the New Year.
Recommended Action: Receive and file.
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Adjournment
The meeting was adjourned at 7:47 p.m. The next District 6 Advisory Board meeting will be held at 6:30
p.m., Monday, January 4, 2021.
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DAB 6 • December 7, 2020 • Minutes • Page 8
Guests
Caller 1 Bruce Barley
Caller 2 Glen Klocke
Wayne Newkirk Marcia Schroeder
Susan Susie Cunningham
D. Winter
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Respectfully submitted,
Ana Lopez, Community Services Representative, District 6
DAB 6 • December 7, 2020 • Minutes • Page 9
Agenda
District 6 Advisory Board Agenda
Monday, December 7, 2020 • 6:30 p.m.
Virtual Meeting • Zoom and Facebook Live
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Virtual Meeting Access Information
Due to health concerns related to the COVID-19 pandemic, the December DAB meeting will be held virtually.
The public can join and participate in the meeting through the Zoom platform or view the meeting live on the
District 6 Facebook page. Residents also have the option to submit comments to be read into record via
email to alopez@wichita.gov no later than 5 p.m. on the day of the meeting.
Join Zoom meeting on a computer, tablet, or smartphone:
Click on the link below and enter the meeting ID and passcode.
o https://zoom.us/j/91985195923?pwd=aFF3RGY5cVVzVndjYlVIckhpVTJ5QT09
o Meeting ID: 919 8519 5923
o Passcode: 244537
Zoom may prompt people to download their free app, but the meeting is also accessible through a
web browser.
Join Zoom meeting via telephone (audio only):
Dial +1 312 626 6799 and enter the meeting ID and passcode listed above.
Individuals dialing in by phone should be aware that they may incur charges depending on their
phone plan.
Please note:
Members of the public are asked to keep their device on mute until public comment is called for.
Individuals do not need a Zoom account to join the meeting.
Click here for more detailed instructions on joining a Zoom meeting.
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Order of Business
Call to Order
Approval of the November 2, 2020 Minutes
https://www.wichita.gov/Council/DABAgendasMinutes/2020-11-02% 20DAB%206%20Minutes.pdf
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DAB 6 • Decem ber 7, 2020 • Agenda • Page 1
Staff Reports
1. Wichita Fire Department
Staff will present District 6 fire statistics, discuss relevant safety topics, provide department
updates, and answer questions.
Recommended Action: Receive and file.
2. Wichita Police Department
Community Policing Officers will present District 6 statistics and crime trends, discuss relevant
safety topics, provide department updates, and answer questions.
Recommended Action: Receive and file.
3. Park & Recreation Department Report
Gentry Thiesen, Senior Management Analyst, Park and Recreation will provide updates for
parks in District 6 and report on other activities taking place across the city.
Recommended Action: Receive and file.
4. Wichita Public Library Report
Sean Jones, Communication Specialist, Library will report on events and programs at the
Evergreen Branch Library and the Advanced Learning Library.
Recommended Action: Receive and file.
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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.
5. Scheduled Items
There are no scheduled Public Agenda items this month.
6. 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.
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DAB 6 • Decem ber 7, 2020 • Agenda • Page 2
New Business
7. 3rd Street Traffic Signal Removals at Topeka and Emporia
Mike Armour, Traffic Engineer will present the results from the signal removal trial that began on
November 4th and their plans moving forward based on the results of the trial.
8. CON2020-00034
Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an
application on behalf of JB Holdings, LLC (Owner); Network Real Estate, LLC (Agent). The applicant is
seeking a Conditional Use for a Wireless Communication Facility. Generally located one block north of East
13th Street North and on the west side of North Santa Fe Avenue (625 E 14th Street North).
CON2020-00034 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2020 -12-
07%20CON2020-00034% 20MAP C%20Staff%20Report.pdf
Recommended Action: Based upon the information available prior to the public hearings, planning staff
recommends that the request be APPROVED subject to the following conditions:
A. All requirements of Section III-D.6.g of the Unified Zoning Code shall be met.
B. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility, and
the Wireless Communication Facility within 50 days of submittal of the building permit application, and
it shall be erected within one year of approval of the Conditional Use by the MAPC or Governing Body,
as applicable.
C. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive color
with a matte finish to minimize glare.
D. The support structure shall be no taller than 125 feet in height, plus an additional five (5) feet for
lightning suppression equipment.
E. The equipment compound shall be screened with an eight (8) foot tall solid screening fence.
F. A site plan and elevation drawing indicating the approved design of the Wireless Communication
Facility, screening, and landscape buffer shall be submitted for approval by the Planning Director
within 60 days of approval of the Conditional Use and prior to the issuance of the Conditional Use
Resolution.
G. The site shall be developed in general conformance with the approved site plans. All improvement s
shall be completed before the facility becomes operational.
H. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and "impacts
to terminal instrument procedures" for the proposed wireless communication facility and shall comply
with all conditions of FAA approval. The applicant shall submit a copy of FAA approval to the
Metropolitan Area Building and Construction Department prior to the issuance of a building permit.
I. The site shall be developed and operated in compliance with all federal, state, and local rules and
regulations.
J. 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 Metropolitan Area Planning Commission public hearing for this item was held on December 3, 2020.
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DAB 6 • Decem ber 7, 2020 • Agenda • Page 3
Board Agenda
9. 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.
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Adjournment
The next District 6 Advisory Board meeting will be held virtually at 6:30 p.m., Monday, January 4,
2021.
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DAB 6 • Decem ber 7, 2020 • Agenda • Page 4
AGENDA ITEM NO. 8
STAFF REPORT
MAPC – December 3, 2020
DAB VI – December 7, 2020
CASE NUMBER: CON2020-00034
APPLICANT/AGENT: JB Holdings, LLC (Owner); Network Real Estate, LLC (Agent);
REQUEST: Conditional Use for a Wireless Communication Facility (AT&T)
CURRENT ZONING: LI Limited Industrial
SITE SIZE: Less than 1 acre
LOCATION: One block north of East 13th Street North and on the west side of North
Santa Fe Avenue (625 E 14th Street North). WCC VI
PROPOSED USE: 125-foot tall wireless communication facility
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BACKGROUND: The applicant is requesting a Conditional Use to allow the placement of a 125-foot tall
cell tower for AT&T on property located approximately one block north of East 13th Street North and on
the west side of North Santa Fe Avenue (625 East 14th Street North). The site is zoned LI Limited Industrial
and is immediately west of the elevated central rail corridor. Per the Unified Zoning Code, this location is
outside the area authorized for administrative approval of wireless communication facilities. In addition,
Section III-A.2.d of the Wireless Communication Master Plan limits the height of towers in the LI district
that can be approved by Administrative Permit to 150 feet as long as it complies with the compatibility
height standards of the Unified Zoning Code (UZC). The proposed tower does not exceed the height
guideline. However, it is within 500 feet of property zoned TF-3 Two Family Residential, which requires
adherence to compatibility height standards set forth in Section IV-C.5.b of the UZC. The compatibility
height standards for wireless communication facilities is as follows:
Wireless Communication facilities shall not exceed a height equal to the distance to the Lot line of
the property zoned TF-3 or more restrictive. For example, a Wireless Communication Facility
located 100 feet from the Lot Line of property zoned TF-3 or more restrictive cannot exceed a
height of 100 feet.
There are lots zoned TF-3 to the west, across the alley, from the subject site. Using the scale of the attached
site plan provided by the applicant, the tower is approximately 120 feet +/- from the lot line of the nearest
property zoned TF-3. Therefore, the proposed 125-foot tower exceeds the compatibility height standards
by approximately 5 feet, which requires Conditional Use approval.
The leased area for the wireless communication tower is 50-feet by 80-feet in size with a 20-foot
access/utility easement on the north side. Access to the tower site will be via a leased access drive entering
from East 14th Street North. The applicant indicates this tower will be a monopole structure. The 40-foot
by 60-foot compound area surrounding the tower will be enclosed with a solid screening, six-foot fence.
In 2008, a Conditional Use for a wireless communications facility (see Case History) at this site was
approved. The conditions of approval for this site included an eight-foot screening fence. Given the
proposed tower’s proximity to a single family home, this requirement shall be used in this instance as well.
In addition to a screening fence, the site plan shows evergreen trees spaced 15 feet apart surrounding the
three sides of the lease area not fronting 14th Street. This exceeds the Wichita Landscape Ordinance’s
landscape buffer requirements. The minimum requirement would to have two shade tree planted on the
west side because the abutting property is zoned B Multi-Family Residential. Should this application be
approved, a revised site/landscape plan shall be submitted to the Planning Department for review and
approval showing the approved fence height requirement.
This tower is meant to provide additional coverage to a one-quarter mile ring near North Broadway and
East 12th Street North. (see attached map). The agent provided a notarized statement stating that an analysis
of possible collocation sites was conducted and none were available to meet the needs in this location.
Though this analysis was conducted, state law prohibits the possibility of collocation as a factor of
evaluation as outlined below:
The applicable state law is KSA 66-2019, which specifies 18 prohibitions when considering an application
for a communication structure. Below are five of the most applicable for this case.
1. The applicant’s designed service, customer demand for service or quality of the applicant’s service
to or from a particular area or site cannot be evaluated.
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2. Proprietary, confidential or other business information cannot be required to justify the need for
the new communication structure, including propagation maps and telecommunications traffic
studies.
3. The availability of other potential locations for the placement of the communication structure
including, but not limited to, the option to collocate, instead of constructing a new communication
structure, cannot be evaluated.
4. The type of transmission equipment or technology to be used by the applicant including, but not
limited, requiring an applicant to construct a distributed antenna system or small cell facility in lieu
of constructing a new communications structure cannot be dictated.
5. Restrictions with respect to objects in navigable airspace height limitations, proximity to civilian
airports, or markings and lighting on communication structures that are greater than, or in conflict
with, any restrictions imposed by the Federal Aviation Administration cannot be considered.
The character of the surrounding area is a mix of residential and industrial uses. Property to the north is
zoned LI Limited Industrial and is industrial uses. Property to the east is the elevated rail corridor. East of
the rail corridor is zoned LI Limited Industrial and is the Cargill vegetable oil refinery. Property to the south
is zoned LI and is vacant, but farther south there is a single family dwelling. Property immediately to the
west is zoned B Multi Family and is a single family dwelling. Farther west is a parcel zoned LI and then
parcels zoned TF-3 Two Family Residential with single family dwellings.
CASE HISTORY: The lease area occupies portions of Lots 77, 79, 81, and 83 platted on 5th Street (now
Santa Fe Avenue) in February of 1886. In 2008, the Planning Commission approved a Conditional Use
(CON2008-00044) for a 150-foot wireless communications facility for a portion of this property. There are
two reasons an additional Conditional Use is required for the current application: 1) the original had a
condition that the tower be erected within one-year from approval, and 2) the lease areas and placement of
the towers differ.
ADJACENT ZONING AND LAND USE:
NORTH: LI Industrial Uses
SOUTH: LI Vacant
EAST: LI Rail corridor and Cargill Refinery
WEST: B and LI Single Family Dwelling
PUBLIC SERVICES: The proposed wireless communication facility will not require any municipal
services. However, there is public water and sewer lines available on-site. Access to the site is a proposed
20-foot wide access/utility easement off of East 14th Street North. East 14th Street is a gravel, two-way,
local street with sidewalks on both sides of the street. North Santa Fe Avenue is a gravel, two-way, local
street with a sidewalk on the west side.
CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan (the Wichita-Sedgwick
County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies
the area in which the site is located to be appropriate for “New Employment.” This category encompasses
areas that likely will be developed or redeveloped by 2035 with uses that constitute centers or concentrations
of employment primarily in manufacturing, warehousing, distribution, construction, research, technology,
business services, or corporate offices. In general, the area is appropriate for new commercial uses.
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Wichita: Places for People Plan: The subject area is located within the Established Central Area, which is
defined as the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius.
This area is the focus of the infill strategy and the adopted Wichita: Places for People Plan.
The Places for People Plan includes different area designations within the Established Central Area. The
subject site is within the surrounding area adjacent to the neighborhood hub at Broadway and 13th Street.
This site is also located within an identified “area of opportunity.” The Plan defines Areas of Opportunity
as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack
of walkable places and facilities. These areas need strategic investment, both public and private, to assist
in redefining and reinvigorating the area.” Though the Plan calls for strategic investment to redefine and
reinvigorate the neighborhood, the location of the wireless communications facility would not be a
conducive place for such investment. The site is on the very edge of this area of disconnected development
pattern with industrial and residential uses. Conversely, this location is aptly suited for this type of
commercial use because it is on the periphery of the neighborhood a hub, adjacent to heavy industrial uses.
The Wireless Communication Master Plan (adopted January 2019) outlines the guidelines for locating
Wireless Communication Facilities. Section III of this Plan states, “Tall wireless communication facilities
should be limited to heavy commercial and industrial areas and should decrease in height as the intensity
of development decreases, with the shortest facilities being located in residential areas. Additionally,
facilities should be located and designed in a manner that minimizes the visual obtrusiveness and negative
aesthetic impacts on surrounding properties.” The proposed cell tower meets the general intent of the plan
and the Conditional Use as recommended meets the spirit and intent of supporting expansion of coverage
for this industry within the community.
The combined conclusion for conformance to the Plans and Policies is this request complies with the overall
spirit and intent to accommodate both the expansion of wireless communication capabilities within the City,
while honoring the introduction of this type of use at this location by requiring the conditional use approval
process and applying all the supplementary regulations to the property to mitigate the impacts associated
with the new development.
RECOMMENDATION: Based upon the information available prior to the public hearings, planning staff
recommends that the request be APPROVED subject to the following conditions:
A. All requirements of Section III-D.6.g of the Unified Zoning Code shall be met.
B. The applicant shall obtain all permits necessary to construct the Wireless Communication Facility,
and the Wireless Communication Facility within 50 days of submittal of the building permit
application, and it shall be erected within one year of approval of the Conditional Use by the MAPC
or Governing Body, as applicable.
C. The support structure shall be a" monopole" design that is silver or gray or a similar unobtrusive
color with a matte finish to minimize glare.
D. The support structure shall be no taller than 125 feet in height, plus an additional five (5) feet for
lightning suppression equipment.
E. The equipment compound shall be screened with an eight (8) foot tall solid screening fence.
F. A site plan and elevation drawing indicating the approved design of the Wireless Communication
Facility, screening, and landscape buffer shall be submitted for approval by the Planning Director
within 60 days of approval of the Conditional Use and prior to the issuance of the Conditional Use
Resolution.
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G. The site shall be developed in general conformance with the approved site plans. All improvements
shall be completed before the facility becomes operational.
H. The applicant shall obtain FAA approval regarding "objects affecting navigable airspace" and
"impacts to terminal instrument procedures" for the proposed wireless communication facility and
shall comply with all conditions of FAA approval. The applicant shall submit a copy of FAA
approval to the Metropolitan Area Building and Construction Department prior to the issuance of
a building permit.
I. The site shall be developed and operated in compliance with all federal, state, and local rules and
regulations.
J. 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.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: The character of the surrounding area is
a mix of residential and industrial uses. Property to the north is zoned LI Limited Industrial and is
industrial uses. Property to the east is the elevated rail corridor. East of the rail corridor is zoned LI
Limited Industrial and is the Cargill vegetable oil refinery. Property to the south is zoned LI and is
vacant, but farther south there is a single family dwelling. Property immediately to the west is zoned
B Multi Family and is a single family dwelling. Further west is a parcel zoned LI and then parcels
zoned TF-3 Two Family Residential with single family dwellings.
2. The suitability of the subject property for the uses to which it has been restricted: The site is
zoned LI Limited Industrial and is vacant. The proposed wireless communication facility will not
impact the continued use of subject the property. The applicable screening and landscaping should
minimize any potential visual negative impacts of surrounding properties.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The
request for a Conditional Use to permit an additional five feet in height for a wireless tower is not
unreasonable. The applicable screening and landscaping should minimize any potential visual
negative impacts of surrounding properties.
4. Length of time the property has been vacant as currently zoned: The subject property used to
have a dwelling constructed on it, but that dwelling was razed some time ago. The property has
been vacant for several years.
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 mean economic
gain for the applicant, 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:
The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes
the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is
located to be appropriate for “New Employment.” This category encompasses areas that likely
will be developed or redeveloped by 2035 with uses that constitute centers or concentrations of
employment primarily in manufacturing, warehousing, distribution, construction, research,
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CON2020-00034
technology, business services, or corporate offices. In general, the area is appropriate for new
commercial uses.
Wichita: Places for People Plan: The subject area is located within the Established Central Area,
which is defined as the downtown core and the mature neighborhoods surrounding it in a roughly
three mile radius. This area is the focus of the infill strategy and the adopted Wichita: Places for
People Plan.
The Places for People Plan includes different area designations within the Established Central Area.
The subject site is within the surrounding area adjacent to the neighborhood hub at Broadway and
13th Street. This site is also located within an identified “area of opportunity.” The Plan defines
Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected
development pattern and a lack of walkable places and facilities. These areas need strategic
investment, both public and private, to assist in redefining and reinvigorating the area.” Though
the Plan calls for strategic investment to redefine and reinvigorate the neighborhood, the location
of the wireless communications facility would not be a conducive place for such investment. The
site is on the very edge of this area of disconnected development pattern with industrial and
residential uses. Conversely, this location is aptly suited for this type of commercial use because it
is on the periphery of the neighborhood a hub, adjacent to heavy industrial uses.
The Wireless Communication Master Plan (adopted January 2019) outlines the guidelines for
locating Wireless Communication Facilities. Section III of this Plan states, “Tall wireless
communication facilities should be limited to heavy commercial and industrial areas and should
decrease in height as the intensity of development decreases, with the shortest facilities being
located in residential areas. Additionally, facilities should be located and designed in a manner
that minimizes the visual obtrusiveness and negative aesthetic impacts on surrounding properties.”
The proposed cell tower meets the general intent of the plan and the Conditional Use as
recommended meets the spirit and intent of supporting expansion of coverage for this industry
within the community.
The combined conclusion for conformance to the Plans and Policies is this request complies with
the overall spirit and intent to accommodate both the expansion of wireless communication
capabilities within the City, while honoring the introduction of this type of use at this location by
requiring the conditional use approval process and applying all the supplementary regulations to
the property to mitigate the impacts associated with the new development.
Attachments:
1. Notarized Collocation Statement and Support Documents
2. Aerial Map
3. Zoning Map
4. Land Use Map
5. Site Plan
6. Enlarged Site Plan
7. Elevation
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