District 6 Advisory Board
Regular MeetingWichita, KS · May 19, 2021
Agenda
District 6 Advisory Board Agenda
Wednesday, May 19, 2021 • 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 January DAB meeting will be held virtually.
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Order of Business
Call to Order
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DAB 6 • May 19, 2021 • Agenda • Page 1
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.
Recommendation: Receive and file, provide comments as desired.
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.
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New Business
3. CON2021-00021
William Longnecker, Senior Planner, Metropolitan Area Planning Department will present an
application on behalf of Marsha M. Haag & Billy Graf. The applicant is requesting a Conditional Use
for an accessory apartment on the SF-5 Single family residential zoned subject site located at 1612
North West Lynn Avenue. The accessory apartment is currently under construction and an
approval of the Conditional Use would bring it into compliance with the UZC Wichita-Sedgwick
County Unified Zoning Code. The applicant has a building permit and has had multiple inspections,
which alerted the applicant of the need for the Conditional Use.
The Metropolitan Area Planning Commission public hearing is scheduled for June 3, 2021.
RECOMMENDATION: Staff has received numerous phone calls objecting to the accessory
apartment and the fact that construction on has been almost completed. The ongoing construction
is occurring prior to the applicant going through the Conditional Use process, which should have
happened prior to construction. If denied the accessory apartment could not be used for habitation.
Any habitation in it would be cause for action by the City against the property owner. Neighbors have
commented that this is well maintained single-family residential neighborhood with no other
accessory apartments in it and in their opinion approving the request could set a precedent for other
accessory apartments which would change the character of the neighborhood for the worst. They
have expressed concerns about an increase in traffic and the patterns of traffic that would be
generated in what is ultimately a rental unit, which could have multiple tenants over a shorter time
frame than a single family home occupied by the property owner.
Staff has noted that the proposed accessory apartment appears to be the first and only one in the
neighborhood. Staff has also noted that the proposed accessory apartment conforms to the 2015 –
2035 Wichita – Sedgwick County Community Investment Plan, seems to conform to the Wichita’s
Established Central Area designation, and the UZC’s supplementary use regulations; Art. III.Sec.III-
D.6.a.
DAB 6 • May 19, 2021 • Agenda • Page 2
It would seem that the choice is to deny and prevent the accessory apartment from being used for
habitation or to approve based on conditions recommended by staff for consideration by the
neighborhood, DAB VI, the MAPC and, if protests are received, the City Council. If denied
enforcement of not allowing habitation would depend largely on the neighbors reporting the
habituation violation to the City. Any habitation in it would be cause for action by the City against the
property owner. Based upon information available prior to the public hearings, planning staff
recommends that the request be APPROVED, with the following conditions:
(1) The applicant shall provide a new site plan with dimensions that better depicts the size and
location of the accessory apartment.
(2) The accessory apartment shall comply with The Wichita-Sedgwick County Unified Zoning
Code, specifically Art. III.Sec.III-D.6.a.
(3) The accessory apartment shall not be rented out to a person or persons who would occupy it
for a period of less than one week at a time.
(4) The applicant shall provide proof of proper building permits and an inspection. Modifications
must comply with all State, County, and any other applicable standards.
(5) Development and maintenance of the site shall be in general conformance with the approved
site plan.
(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.
CON2021-00021Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-05-
19%20DAB%206%20CON2021-00021%20MAPC%20Staff%20Report.pdf
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4. PUD2021-00006
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an
application on behalf of Red Foxx Rentals, LLC (Owner/Applicant) Baughman Company, Phil Meyer
(Agent). The applicant is requesting a zone change from TF-3 Two-Family Residential and TF-3 Two-
Family Residential to PUD Planned Unit Development to create the Northgate 4th Addition Planned
Unit Development (PUD #86). The site is 1.85 acres in size and is generally located on the northwest
corner of North Meridian Avenue and West 55th Street North. The purpose of the PUD is to create a
custom zoning classification to permit a mix of single family and duplex development. The PUD
affords the ability for one lot to have two single-family dwellings built as long as they maintain a
minimum separation of five feet between the dwellings. Under the proposed plan, the area will offer
similar densities as permitted under the current zoning, but with a varied visual design. This
application is associated with VAC2021-00021 to vacate platted interior side yard setbacks on the
subject lots of this PUD application. The two applications are being heard concurrently.
The Metropolitan Area Planning Commission public hearing is scheduled for June 3, 2021.
DAB 6 • May 19, 2021 • Agenda • Page 3
RECOMMENDATION: Based on the information available at the time of the public hearing, staff
recommends APPROVAL of the application subject to provisions of the Northgate 4th Addition PUD
#86, and subject to the following conditions:
1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this
tract (referenced as PUD #86 Northgate 4th Addition Planned Unit Development) has special
conditions for development on the property.
2. A copy of the recorded certificate along with four copies of the approved PUD shall be
submitted to the Metropolitan Area Planning Department within 60 days of governing body
approval, or the request shall be considered denied and closed.
3. All other federal, state, and local laws and ordinances must be observed.
PUD2021-00006 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-05-
19%20DAB%206%20PUD2021-%2000006%20MAPC%20Staff%20Report.pdf
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5. PUD2021-00009
Philip Zevenbergen, Associate Planner, Metropolitan Area Planning Department will present an
application on behalf of ICT Airbenders, LLC (Owner/Applicant) MKEC Engineering, Brian Lindebak
(Agent). The applicant is requesting a zone change from SF-5 Single Family Residential and TF-3
Two-Family Residential to PUD Planned Unit Development to create the ICT Airbenders Planned
Unit Development (PUD #87). The site is 1.18 acres in size and is generally located northeast of
North Meridian Avenue and West 2nd Street North (2207 West McCoy). The purpose of the PUD is to
create a custom zoning classification to permit a duplex/multi-family development. The PUD provides
flexibility, including the size of various setbacks in order to accommodate infill development on this
unique remnant property in the Delano Neighborhood. The site currently has one single-family
dwelling that fronts McCoy Street. This home will be demolished to facilitate redevelopment.
The Metropolitan Area Planning Commission public hearing is scheduled for June 3, 2021.
RECOMMENDATION: Based on the information available at the time of the public hearing, staff
recommends APPROVAL of the application subject to provisions of the ICT Airbenders PUD #87,
and subject to the following conditions:
1. The PUD shall be amended to indicate a dwelling unit that shall be reserved for an on-site manager
for the Bed and Breakfast use.
2. The PUD drawing shall indicate screening along the boundaries of the parking lot and drive aisles
where they abut the boundaries of the PUD.
3. A paving guarantee for the described portion of West McCoy Street and West Martha Street shall
be required upon application for a building permit. Paving shall be to the following standards:
a. McCoy Street shall be paved to Athenian Avenue to the urban standard with curb and gutter
with a width of 24 feet (back-of-curb to back-of-curb) and a six-foot sidewalk on the south side.
b. Martha Street shall be paved to the alley standard with a width of 20 feet.
4. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract
(referenced as PUD #87 ICT Airbenders Planned Unit Development) has special conditions for
development on the property.
5. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted
to the Metropolitan Area Planning Department within 60 days of governing body approval, or the
request shall be considered denied and closed.
6. All other federal, state, and local laws and ordinances must be observed.
DAB 6 • May 19, 2021 • Agenda • Page 4
PUD2021-00009 Staff Report: https://www.wichita.gov/Council/DABAgendasMinutes/2021-05-
19%20DAB%206%20PUD2021-%2000009%20MAPC%20Staff%20Report.pdf
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Board Agenda
6. 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.
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Adjournment
The next District 6 Advisory Board meeting will be held virtually at 6:30 p.m., Monday, June 7, 2021.
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DAB 6 • May 19, 2021 • Agenda • Page 5
AGENDA ITEM NO. 3
STAFF REPORT
MAPC June 3, 2021
DAB VI May 19, 2021
CASE NUMBER: CON2021-00021
APPLICANT/OWNER: Marsha M. Haag & Billy Graf
REQUEST: Conditional Use request for an accessory apartment
CURRENT ZONING: SF-5 Single-Family Residential
SITE SIZE: 0.29 acres
LOCATION: Generally located a quarter –mile west of North West Street, a quarter-mile north
of West 13th Street North and northeast of the West Ott Street & North West
Lynn Avenue intersection (1612 North West Lynn Avenue)
PROPOSED USE: Accessory Apartment with an attached car port
BACKGROUND: The applicant is requesting a Conditional Use for an accessory apartment on the SF-5 Single
family residential zoned subject site located at 1612 North West Lynn Avenue. The accessory apartment is currently
under construction and an approval of the Conditional Use would bring it into compliance with the UZC Wichita-
Sedgwick County Unified Zoning Code. The applicant has a building permit and has had multiple inspections,
which alerted the applicant of the need for the Conditional Use.
The approximately 600-square foot accessory apartment has an attached car port and is located behind the two story
2,060-sqaure foot single family residence with an attached garage; built 1966. The residence is finished with brick
and lap siding and a gable roof. The accessory apartment and the attached car port have low pitched gable roofs.
The accessory apartment has lap siding and a bay window. Properties in all directions around this site are zoned
SF-5 and are developed with single family homes. A random sample of the homes in the area shows construction
of them happening anywhere from 1956 to 1977 with most them being one-story and constructed with a mix of
masonry and lap siding. The site is located in an established urban scale single-family residential neighborhood. It
appears that the proposed accessory apartment would be the first and only one in this neighborhood.
An attached, very recent, 2021 aerial of the subject site shows the primary residence, the accessory apartment, and
a recently poured driveway coming off the original driveway back to the accessory apartment’s attached carport. It
also shows a moving and storage container on the original driveway. As of the writing of this report the container
is still in the driveway.
CASE HISTORY: The subject site is Lot 6, Block 2, Womers West Lynn 2nd Addition. The Womers West Lynn
2nd Addition was recorded with the Register of Deeds May 14, 1964. No other planning cases are associated with
this 0.29 acre subject site.
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Single-Family residences
SOUTH: SF-5 Single-Family residences
WEST: SF-5 Single-Family residences
EAST: SF-5 Single-Family Residences
PUBLIC SERVICES: North West Lynn Avenue is a local, paved residential street, with full curb and 60 feet of
right-of-way. All municipal services are available.
CONFORMANCE TO PLANS/POLICIES: The 2015 – 2035 Wichita – Sedgwick County Community
Investment Plan’s Future Growth Concept map indicates the area as designated for “residential.” These areas are
described as encompassing the full diversity of residential development intensities and types typically found in a
large urban municipality. This subject site’s SF-5 zoning and the proposed accessory apartment conform to this
designation.
This site is located within the Wichita’s Established Central Area. This area is comprised of the downtown core
and the mature neighborhoods surrounding it in a roughly three mile radius, the Established Central Area is the
focus area for the Wichita Urban Infill Strategy. The proposed accessory apartment conforms to this strategy.
The UZC defines an accessory apartment as a dwelling unit that may be wholly within, or may be detached from a
principal single-family dwelling unit; Art. II. Sec. II-B.1.b. Accessory apartments are also subject to supplementary
use regulations; Art. III.Sec.III-D.6.a:
(1) A maximum of one accessory apartment may be allowed on the same lot as a single-family dwelling unit that
may be within the main building, within an accessory building or constructed as an accessory apartment.
(2) The appearance of an accessory apartment shall be compatible with the main dwelling unit and with the character
of the neighborhood.
(3) The accessory apartment shall remain accessory to and under the same ownership as the principal single-family
dwelling unit, and the ownership shall not be divided or sold as a condominium.
(4) The water and sewer service provided to the accessory apartment shall not be provided as separate service from
the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 2
services.
At the time of this report the proposed accessory apartment conforms to supplementary regulations one and two and
must conform to supplementary regulations three and four.
RECOMMENDATION: Staff has received numerous phone calls objecting to the accessory apartment and the
fact that construction on has been almost completed. The ongoing construction is occurring prior to the applicant
going through the Conditional Use process, which should have happened prior to construction. If denied the
accessory apartment could not be used for habitation. Any habitation in it would be cause for action by the City
against the property owner. Neighbors have commented that this is well maintained single-family residential
neighborhood with no other accessory apartments in it and in their opinion approving the request could set a
precedent for other accessory apartments which would change the character of the neighborhood for the worst.
They have expressed concerns about an increase in traffic and the patterns of traffic that would be generated in what
is ultimately a rental unit, which could have multiple tenants over a shorter time frame than a single family home
occupied by the property owner.
Staff has noted that the proposed accessory apartment appears to be the first and only one in the neighborhood.
Staff has also noted that the proposed accessory apartment conforms to the 2015 – 2035 Wichita – Sedgwick County
Community Investment Plan, seems to conform to the Wichita’s Established Central Area designation, and the
UZC’s supplementary use regulations; Art. III.Sec.III-D.6.a.
It would seem that the choice is to deny and prevent the accessory apartment from being used for habitation or to
approve based on conditions recommended by staff for consideration by the neighborhood, DAB VI, the MAPC
and, if protests are received, the City Council. If denied enforcement of not allowing habitation would depend
largely on the neighbors reporting the habituation violation to the City. Any habitation in it would be cause for
action by the City against the property owner. Based upon information available prior to the public hearings,
planning staff recommends that the request be APPROVED, with the following conditions:
(1) The applicant shall provide a new site plan with dimensions that better depicts the size and location of the
accessory apartment.
(2) The accessory apartment shall comply with The Wichita-Sedgwick County Unified Zoning Code,
specifically Art. III.Sec.III-D.6.a.
(3) The accessory apartment shall not be rented out to a person or persons who would occupy it for a period
of less than one week at a time.
(4) The applicant shall provide proof of proper building permits and an inspection. Modifications must comply
with all State, County, and any other applicable standards.
(5) Development and maintenance of the site shall be in general conformance with the approved site plan.
(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.
This recommendation is based on the following findings:
(1) The zoning, uses and character of the neighborhood: The site and properties in all directions around
this site are zoned SF-5 and are developed with single family homes. The site is located in an established
urban scale single-family residential neighborhood
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 3
(2) The suitability of the subject property for the uses to which it has been restricted: The subject site is
currently zoned SF-5 which permits the existing single-family residence. The property could continue to be
used for one single-family residence. The property may be able to accommodate an accessory apartment;
a site plan would confirm that. The property could accommodate the additional off-street parking space
with additional required parking space with the additional driveway and the attached car port. The UZC
parking standards are one parking space per single-family residence and one parking space per accessory
apartment.
(3) Extent to which removal of the restrictions will detrimentally affect nearby property: The conditions
of approval should minimize any anticipated detrimental impacts.
(4) Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies:
The 2015 – 2035 Wichita – Sedgwick County Community Investment Plan’s Future Growth Concept map
indicates the area as designated for “residential.” These areas are described as encompassing the full diversity
of residential development intensities and types typically found in a large urban municipality. This subject site’s
SF-5 zoning and the proposed accessory apartment conform to this designation.
This site is located within the Wichita’s Established Central Area. This area is comprised of the downtown
core and the mature neighborhoods surrounding it in a roughly three mile radius, the Established Central Area
is the focus area for the Wichita Urban Infill Strategy. The proposed accessory apartment conforms to this
strategy.
The UZC defines an accessory apartment as a dwelling unit that may be wholly within, or may be detached
from a principal single-family dwelling unit; Art. II. Sec. II-B.1.b. Accessory apartments are also subject to
supplementary use regulations; Art. III.Sec.III-D.6.a:
(1) A maximum of one accessory apartment may be allowed on the same lot as a single-family dwelling unit
that may be within the main building, within an accessory building or constructed as an accessory apartment.
(2) The appearance of an accessory apartment shall be compatible with the main dwelling unit and with the
character of the neighborhood.
(3) The accessory apartment shall remain accessory to and under the same ownership as the principal single-
family dwelling unit, and the ownership shall not be divided or sold as a condominium.
(4) The water and sewer service provided to the accessory apartment shall not be provided as separate service
from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate
utility services.
At the time of this report the proposed accessory apartment conforms to supplementary regulations one and two
and must conform to supplementary regulations three and four.
(5) Impact of the proposed development on community facilities: Community facilities will not be
noticeably impacted by this approval. All utilities and other municipal services are available to the subject
site.
Attachments:
1. Zoning Map
2. Land Use Map
3. Aerial Map/Site Plan
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 4
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 5
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 6
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 7
CON2021-00021_____________________________________________________________________________
Metropolitan Area Planning Commission Page 8
AGENDA ITEM NO. 4
STAFF REPORT
MAPC: June 3, 2021
DAB VI: May 19, 2021
CASE NUMBER: PUD2021-00006 (City)
APPLICANT/AGENT: Red Foxx Rentals, LLC (Owner/Applicant)
Baughman Company, Phil Meyer (Agent)
REQUEST: Rezone to create the Northgate 4th Addition PUD #86
CURRENT ZONING: TF-3 Two-Family Residential
SITE SIZE: 1.85 acres
LOCATION: Generally located on the northwest corner of North Meridian Avenue and
West 55th Street North.
PROPOSED USE: To create a custom zoning single-family and duplex development.
PUD2021-00006
Metropolitan Area Planning Commission Page 1
BACKGROUND: The applicant is requesting a zone change from TF-3 Two-Family Residential and TF-
3 Two-Family Residential to PUD Planned Unit Development to create the Northgate 4th Addition Planned
Unit Development (PUD #86). The site is 1.85 acres in size and is generally located on the northwest corner
of North Meridian Avenue and West 55th Street North. The purpose of the PUD is to create a custom zoning
classification to permit a mix of single family and duplex development. The PUD affords the ability for one
lot to have two single-family dwellings built as long as they maintain a minimum separation of five feet
between the dwellings. Under the proposed plan, the area will offer similar densities as permitted under the
current zoning, but with a varied visual design. This application is associated with VAC2021-00021 to
vacate platted interior side yard setbacks on the subject lots of this PUD application. The two applications
are being heard concurrently.
The PUD restricts uses to only those permitted by-right in the TF-3 zoning district. The PUD drawing shows
a conceptual plan where with lots developed with a duplex and other with two, single-family dwellings with
a five-foot separation between them on what would be the common wall if they were a duplex. The PUD
does not stipulate which lots shall be developed with duplexes and which one shall be developed with the
single-family concept. Other than the interior side setback reduction, all other development standards shall
adhere to the TF-3 zoning district. General Provision 4 permits the division of lots in order to divide
individual dwelling units into separate ownerships. Should the lots be divided as such, the minimum lot
size and lot width standards of TF-3 shall not apply. The PUD text states that a 5-foot interior side yard
setback shall be provided along the west property line of the PUD since it abuts residential property outside
of the PUD boundaries.
Parking standards are per Section IV of the Unified Zoning Code. Signage shall adhere to those permitted
in TF-3 zoning. There is not screening or landscape requirements because the property is being developed
as if it were TF-3 zoning. Property to the east, across North Meridian, is zoned SF-5 with single family
dwellings. Property to the west is zoned TF-3 and is undeveloped land.
Property to the north is zoned SF-5 with a single-family dwelling and accessory structures. Property to the
south is zoned TF-3 and is undeveloped land. Further south is zoned TF-3 with newly constructed duplexes.
Property to the east is zoned SF-5 with single-family dwellings. Property to the west is zoned TF-3 and is
undeveloped land.
CASE HISTORY: In 2020, the property was rezoned from SF-5 Single Family Residential to TF-3 Two-
Family Residential (ZON2020-00019). Also in 2020, the property was platted as the Northgate 4th Addition.
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Single family dwelling
SOUTH: TF-3 Undeveloped
EAST: SF-5 Single family dwellings
WEST: TF-3 Undeveloped
PUBLIC SERVICES: North Meridian Avenue is a paved, four-lane arterial with a sidewalk on the east
side of the street. West 55th Street North is a paved, two-way, local street with a sidewalk on one side of the
street. Municipal water and sewer are available and may need to be extended as development occurs.
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 Residential.” This category is described as
follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses
predominately found in the Residential category.” The “Residential” category affords the full diversity of
residential development typically found in a large urban municipality.
PUD2021-00006
Metropolitan Area Planning Commission Page 2
RECOMMENDATION: Based on the information available at the time of the public hearing, staff
recommends APPROVAL of the application subject to provisions of the Northgate 4th Addition PUD #86,
and subject to the following conditions:
1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract
(referenced as PUD #86 Northgate 4th Addition Planned Unit Development) has special conditions
for development on the property.
2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted
to the Metropolitan Area Planning Department within 60 days of governing body approval, or the
request shall be considered denied and closed.
3. All other federal, state, and local laws and ordinances must be observed.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north is zoned SF-5 with a
single-family dwelling and accessory structures. Property to the south is zoned TF-3 and is
undeveloped land. Further south is zoned TF-3 with newly constructed duplexes. Property to the
east is zoned SF-5 with single-family dwellings. Property to the west is zoned TF-3 and is
undeveloped land. The PUD is not increasing the density of the property as it is currently zoned.
Therefore, it fits with the uses and character of the surrounding area.
2. The suitability of the subject property for the uses to which it has been restricted: The site is
zone TF-3 and can be developed with duplexes. The PUD is not increasing the density of the site
more than what can be developed as it is presently zoned.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The site
is zone TF-3 and can be developed with duplexes. The PUD is not increasing the density of the site
more than what can be developed as it is presently zoned. The provisions of the PUD should
mitigate any negative impacts on surrounding properties.
4. Length of time the property has been vacant as currently zoned: The property has never been
developed. Historically it has been used as agricultural land.
5. Relative gain to the public health, safety, and welfare, compared to the loss in value or the
hardship imposed upon the applicant: The proposed changes should create no significant issues
related to the public health, safety or welfare given the governing language of the recommended
PUD text.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
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 Residential.” This category is described as follows:
“Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses
predominately found in the Residential category.” The “Residential” category affords the full
diversity of residential development typically found in a large urban municipality.
7. Impact of the proposed development on community facilities: There are no anticipated
significant adverse impacts on community facilities.
Attachments: 1) Recommended PUD Text, 2) PUD Drawing, 3) Aerial Map, 4) Zoning Map, 5) Land use
Map
PUD2021-00006
Metropolitan Area Planning Commission Page 3
PUD2021-00006: Northgate 4th Addition PUD #86 Recommended Text
GENERAL PROVISIONS – NORTHGATE 4TH ADDITION PUD – PUD2021-06
PROJECT DESCRIPTION:
The intent of this Planned Unit Development is to permit a new approach to providing increased density
in a manner otherwise constrained by the traditional development standards of the Unified Zoning Code
and Subdivision Regulations. The site is currently being developed with duplex units and under this
proposed plan the area will offer similar densities with a varied visual design. The PUD allows a certain
level of flexibility with site development regulations which would otherwise not be permitted under the
existing zoning.
GENERAL PROVISIONS:
1. This development contains a gross area of 1.86 acres, or 81,038 square feet, more or less.
2. Parking shall be per the standards of the Unified Zoning Code.
3. Uses in Parcel 1 shall be limited to those permitted by-right in the "TF-3" Two-Family
Residential zoning district.
4. Parcel 1 shall permit the future division of platted lots without the approval of individual lot splits
in order to divide dwelling units into separate ownerships. Surveyed legal descriptions of divided
lots shall be recorded with the Sedgwick County Register of Deeds office to establish a new
zoning lot.
5. The property development standards of the "TF-3" Two-Family Residential zoning district shall
apply to Parcel 1 with the following exceptions:
A. There shall be no required interior side yard setback, provided units either share a common
wall or maintain a minimum interior separation between buildings of five (5) feet, except
there shall be a minimum 5-foot building setback along the west property line of the PUD.
B. Divided lots, as permitted by General Provision #4, shall not be required to maintain a
minimum lot area.
C. Divided lots, as permitted by General Provision #4, shall not be required to maintain a
minimum lot width.
6. Signs shall be in accordance with the "TF-3" Two-Family Residential zoning district.
7. The layout of dwelling units shown on this plan is conceptual and may change, provided the site
is developed in accordance with the provisions of this P.U.D.
8. Amendments, adjustments or interpretations to this P.U.D. shall be done in accordance with the
Unified Zoning Code.
9. The Transfer of title of all or any portion of land included within the Planned Unit Development
(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.
10. 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,
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and any substantial deviation of the plan, as determined by the Zoning Administrator or the
Director of Planning, shall constitute a violation of the building permit authorizing construction
of the proposed development.
11. Any major changes in this development plan shall be submitted to the Planning Commission and
to the Governing Body for their consideration.
12. Prior to publishing the ordinance establishing the zone change, the applicant(s) shall record a
document with the Register of Deeds indicating this tract (referenced as PUD #??) includes
special conditions for development on this property.
PARCEL 1:
A. Net Area: 81,038 sq. ft. ± or 1.86 acres ±
B. Maximum Dwelling Units: 16
C. Maximum building height to conform to the "TF-3" Two-Family Residential zoning district.
D. Setbacks: See drawing and General Provision #5
E. Permitted Uses: See General Provision #3.
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AGENDA ITEM NO. 5
STAFF REPORT
MAPC: June 3, 2021
DAB VI: May 19, 2021
CASE NUMBER: PUD2021-00009 (City)
APPLICANT/AGENT: ICT Airbenders, LLC (Owner/Applicant)
MKEC Engineering, Brian Lindebak (Agent)
REQUEST: Rezone to create the ICT Airbenders PUD #87
CURRENT ZONING: SF-5 Single Family Residential and TF-3 Two-Family Residential
SITE SIZE: 1.18 acres
LOCATION: Generally located northeast of North Meridian Avenue and West 2nd Street (2207
West McCoy Street).
PROPOSED USE: To create a custom zoning for duplex/multi-family development.
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BACKGROUND: The applicant is requesting a zone change from SF-5 Single Family Residential and TF-3
Two-Family Residential to PUD Planned Unit Development to create the ICT Airbenders Planned Unit
Development (PUD #87). The site is 1.18 acres in size and is generally located northeast of North Meridian
Avenue and West 2nd Street North (2207 West McCoy). The purpose of the PUD is to create a custom zoning
classification to permit a duplex/multi-family development. The PUD provides flexibility, including the size of
various setbacks in order to accommodate infill development on this unique remnant property in the Delano
Neighborhood. The site currently has one single-family dwelling that fronts McCoy Street. This home will be
demolished to facilitate redevelopment.
The PUD states a development density of up to 14.5 dwelling units per acres, as permitted by conditional use in
the TF-3 zoning district. Given the size of the site, this would permit a maximum of 17 dwelling units. The PUD
drawing shows a conceptual development of 16 residential dwelling units, as eight duplexes. The applicant is
proposing to rent a small number of the properties as short term rentals (for less than one week) through Airbnb,
Vrbo, and similar systems.
In order for the property’s zoning to accommodate this, the PUD language submitted by the applicant allows Bed
and Breakfast Inn as a permitted use. Wichita-Sedgwick County Unified Zoning Code (UZC) defines Bed and
Breakfast Inn as “the use of an owner-occupied or manager-occupied residential structure to provide rooms for
temporary lodging or lodging and meals for not more than 15 Transient Guests on a paying basis.” A Transient
Guest is defined as “a person who occupies a room for a period of less than one week at a time.” Bed and Breakfast
Inn is permitted in most UZC residential zoning districts by conditional use.
If the short term rentals are rented for less than a week, then the property must have on-site owner or management
present at all times in order to fit the Bed and Breakfast Inn definition. The intent of the PUD is to have all dwelling
units under common ownership and management to be rented out. Therefore, in order for applicant-owned short
term rentals to be in compliance with the zoning code, there are two options:
1) a dwelling unit on-site will have to be designated for a resident manager – who resides there at all times-
-in order to meet the requirement for Bed and Breakfast; or
2) the PUD language will have to change to permit Hotel/Motel as a use, which does not required on-site
management.
Planning staff does not support the latter option.
The site is accessible from West McCoy Street to the north and West Martha Street on the west. There are platted
alleys on the west side of the property that have never been constructed. The north/south alley is 10 feet. The
east/west alley is 20 feet. The PUD would permit reductions to setbacks in order to develop the multi-family
concept desired. The proposed setbacks vary depending on if the lot abuts an alley, street or residential property.
The proposed setbacks are as follows:
Minimum Setbacks surrounding the site:
PUD#87 TF-3 District
20-foot setback abutting McCoy if the TF-3 requires a 25-foot front setback and a 15-
dwelling unit fronts McCoy. Otherwise a 15- foot side-street setback.
foot side street setback.
5-foot setback abutting platted alleys— TF-3 requires a 20-foot rear setback and 6-foot
effectively being 10-foot and 25-foot setbacks interior side setbacks.
respectively.
10-foot setback abutting residential property. TF-3 requires a 20-foot rear setback
The PUD text also contains provision for architectural controls, signage, lighting, landscaping, screening, and
parking. The architectural controls require that all building within the PUD shall share a consistent architectural
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design. The site is also located within the Delano Neighborhood Overly District. This requires that all building
elevations be reviewed and approved by the Delano Design Review Committee prior to the issuance of a building
permit. Signs are required to comply with the provision of TF-3 zoning in the Wichita Sign Code. Lighting shall
comply with Section IV of the Unified Zoning Code.
General Provision 5 requires landscaping per the Wichita Landscape Ordinance. Because this is multi-family
development abutting SF-5 and TF-3 zoning, a 15-foot landscape buffer is required along all abutting property
lines and a landscaped street yard is required along McCoy Street, One shade tree, or two ornamental trees per 40
linear feet a required for the landscape buffer, and the landscape street yard shall be approximately 1,400 square
feet with a minimum of three shade trees. The provisions regarding landscaping states that a landscape plan shall
be developed for review and approval by the Planning Department. Regarding screening, General Provision 8
states that all trash receptacles shall be reasonably screened from view of streets and alleys. In addition, a six-foot
screening fence is required to screen parking and drive ways from view of abutting residential properties. This
would be along the south property line as well as the west property line along the driveway off of McCoy Street.
General Provision 9 states that there shall be a minimum of 1.5 parking stalls per dwelling unit. This ratio is less
than the minimum parking standards for a two-bedroom or greater unit (1.75 stalls per unit), but greater than the
parking standard for one-bedroom units (1.25 stalls per unit). In addition, the PUD requires that each residence
shall provide for bicycle storage and/or bicycle racks.
Property to the north, across McCoy is zoned SF-5 and is the railroad right-of-way. Property to the south is zoned
SF-5 with single family dwellings. Property to the east is zoned SF-5 and TF-3 with single family dwellings.
Property to the west is zoned SF-5 with single family dwellings. The property is within the Delano Neighborhood
Overlay district which requires approval of architectural standards that shall be adhered to.
Properties within the Delano Overlay must also comply with the Delano Neighborhood Design Guidelines. The
guideline are meant to ensure that “alterations shall be respectful of the character of one of Wichita’s earliest
commercial and residential districts.” The site plan and elevations provided are not detailed enough to thoroughly
review the project for compliance with the design guidelines, however the documents do indicate that the
following guidelines have not been met:
Architectural features shall be retained and building designs shall be compatible with the district’s
historical architectural character by coordinating style, architectural detailing, materials and scale with
the original buildings in the district (UZC, A-5, Section 3-a.1).
All remodeling or rehabilitation of exteriors shall ensure the visual integrity of the building and be
compatible with the overall architectural character of the district (UZC, A-5, Section 3-a.2).
Detached garages, carports and other accessory structures shall be subordinate (smaller) to the primary
structure with regard to height, scale and mass, and shall be situated in a manner that is typical of the
neighborhood (UZC, A-5, Section 3-a.4).
CASE HISTORY: The property is platted within two subdivisions. In 1887 the western portion was platted as
Lots 2, 4, 6, and 8, on Martha Ave, Kirkpatricks 2nd Addition. In 1930, the eastern portion is platted as Lot 27,
Athenian Avenue Addition.
ADJACENT ZONING AND LAND USE:
NORTH: SF-5 Railroad right-of-way
SOUTH: SF-5 Single family dwellings
EAST: SF-5 & TF-3 Single family dwellings
WEST: SF-5 Single family dwellings
PUBLIC SERVICES: West McCoy Street is a gravel, two-way, local street with no sidewalks and approximately
12 feet of road width. West Martha Street is a gravel, two-way, local street with no sidewalks. It has 20-feet of
right-of-way and approximately 12 feet of road width. During development review it was discussed that McCoy
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Street shall be paved to Athenian Avenue to the urban standard with curb and gutter, underground storm sewer
with a width of 24 feet (back-of-curb to back-of-curb) with a six-foot sidewalk on the south side. Martha Street
shall be paved to the alley standard with a width of 20 feet. A guarantee of paving shall be required with the PUD.
Municipal water and sewer are available, but may need to be extended and for development.
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 Residential. This category is described as follows: “Encompasses
areas that reflect the full diversity of residential development densities and types typically found in a large urban
municipality.” In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central
Area (ECA) and recommends an Urban Infill Strategy for the ECA. The Locational Guidelines for the ECA
encourage infill development that maximizes public investment in existing and planned infrastructure and
services.
The Wichita: Places for People Plan provides recommendations for urban infill development in the ECA. The
subject site is located within the ECA in an area outside of the Neighborhood Hub located at North Meridian
Avenue and West 2nd Street by the Places for People Plan. In addition, this site is also located within an identified
“area of opportunity.” The Places for People 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.” A development such as this aligns with the goals of the Plan for strategic investment.
The revised Delano Neighborhood Plan was adopted in 2019. The Future Land Use Map of this Plan identifies
this site as appropriate for “Residential”. This residential development conforms to this plan.
RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends
APPROVAL of the application subject to provisions of the ICT Airbenders PUD #87, and subject to the following
conditions:
1. The PUD shall be amended to indicate a dwelling unit that shall be reserved for an on-site manager for
the Bed and Breakfast use.
2. The PUD drawing shall indicate screening along the boundaries of the parking lot and drive aisles where
they abut the boundaries of the PUD.
3. A paving guarantee for the described portion of West McCoy Street and West Martha Street shall be
required upon application for a building permit. Paving shall be to the following standards:
a. McCoy Street shall be paved to Athenian Avenue to the urban standard with curb and gutter with
a width of 24 feet (back-of-curb to back-of-curb) and a six-foot sidewalk on the south side.
b. Martha Street shall be paved to the alley standard with a width of 20 feet.
4. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract
(referenced as PUD #87 ICT Airbenders Planned Unit Development) has special conditions for
development on the property.
5. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the
Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall
be considered denied and closed.
6. All other federal, state, and local laws and ordinances must be observed.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: Property to the north, across McCoy is zoned
SF-5 and is the railroad right-of-way. Property to the south is zoned SF-5 with single family dwellings.
Property to the east is zoned SF-5 and TF-3 with single family dwellings. Property to the west is zoned
SF-5 with single family dwellings. The property is within the Delano Neighborhood Overlay district
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which requires approval of architectural standards that shall be adhered to.
The proposed PUD will provide an opportunity to redevelop a unique and challenging piece of land within
the Delano Neighborhood, providing an investment in housing opportunities. Conformance to the
standards of the Delano Neighborhood Overlay shall guarantee a development that shares the same
architectural character as the surrounding neighborhood.
2. The suitability of the subject property for the uses to which it has been restricted: The site is
currently zoned SF-5 Single-Family Residential and TF-3 Two Family residential. The base zoning of the
PUD restricts development to TF-3 standards with the ability for multi-family residential development as
permitted in TF-3 by conditional use. Multi-family density is restricted to 14.5 dwelling units per acre.
The site is zoned D-O and the Delano Overlay is intended to preserve, enhance, and promote the character
of the Delano neighborhood as prescribed in the Delano Neighborhood Plan.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: The base
zoning of the PUD restricts development to TF-3 standards with the ability for multi-family residential
development as permitted in TF-3 by conditional use. Multi-family density is restricted to 14.5 dwelling
units per acre. The provisions of the PUD for screening and landscaping in addition to the standards of
the Delano Neighborhood Overlay Distract will help mitigate potential negative impacts to surrounding
properties.
4. Length of time the property has been vacant as currently zoned: Portions of the property that are
vacant have been vacant since the time of platting. The single-family dwelling located at 2207 W. McCoy
was constructed in 1870.
5. Relative gain to the public health, safety, and welfare, compared to the loss in value or the hardship
imposed upon the applicant: The proposed changes should create no significant issues related to the
public health, safety or welfare given the governing language of the recommended PUD text and the
standards of the Delano Neighborhood Overlay.
6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and
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 Residential. This category is described as follows: “Encompasses areas that
reflect the full diversity of residential development densities and types typically found in a large urban
municipality.” In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established
Central Area (ECA) and recommends an Urban Infill Strategy for the ECA. The Locational Guidelines
for the ECA encourage infill development that maximizes public investment in existing and planned
infrastructure and services.
The Wichita: Places for People Plan provides recommendations for urban infill development in the ECA.
The subject site is located within the ECA in an area outside of the Neighborhood Hub located at North
Meridian Avenue and West 2nd Street by the Places for People Plan. In addition, this site is also located
within an identified “area of opportunity.” The Places for People 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.” A development such as this aligns with the goals of the Plan
for strategic investment.
The revised Delano Neighborhood Plan was adopted in 2019. The Future Land Use Map of this Plan
identifies this site as appropriate for “Residential”. This residential development conforms to this plan.
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7. Impact of the proposed development on community facilities: There are no anticipated significant
adverse impacts on community facilities.
Attachments:
1. Recommended PUD Text
2. PUD Drawing
3. Aerial Map
4. Zoning Map
5. Land use Map
6. Delano Plan Future Land Use Map
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PUD2021-00009 ICT AIRBENDERS PUD #87 RECOMMENDED TEXT
Planned Unit Development No. 87
Case Number: PUD2021-00009
Development Guidelines
General Provisions
PUD Background:
This property is located in the Delano neighborhood, lying north of 2 nd Street, south of McCoy Street and the
Kansas-Oklahoma Railroad, east of St. Clair Avenue, and west of Athenian Avenue. The subject property is
situated in an area with a mix of SF-5 Single-Family Residential and TF-3 Two-Family Residential zoning
districts. The property was platted and developed in the early days of Wichita. Nearby on the east side of Athenian
are commercial and industrial zoned properties. Half a block south of the PUD on 2nd Street and Athenian Avenue
is a MF-18 Multi-Family Residential property. The surrounding neighborhood and subject property are within
the D-O Delano Neighborhood Overlay District providing additional provisions that protect and shape the
development activities within the historic Delano neighborhood preserving the history and character of the
neighborhood. The property has access to St.Clair Avenue via a platted Alley and to McCoy Street.
PUD Purpose Statement:
This PUD provides additional residential housing to an area of high demand using TF-3 Two-Family Residential
Zoning District as a base zoning classification with the allowance of Multi-Family residential by right. The
proposed dwelling units are primarily duplexes on one zoning parcel (Multi-Family duplex and/or townhouse).
The PUD also allows for Bed and Breakfast. This PUD meets the goal of the Delano Overlay by increasing the
amount of residential land uses and with an emphasis on diversified housing choices. This PUD will add value to
Delano from an existing undervalued property while enhancing the quality of life.
1. The subject property shall conform to the recitals of the D-O Delano Neighborhood Overlay District.
2. Parcel Description:
Parcel 1
Gross Area = 1.18 Ac. or 51,382 sq. ft.
Maximum Dwelling Units per Acre = As per TF-3 Two-Family Residential Zoning District 14.5 (D.U.A.)
Maximum Building Coverage = 35% or 20,553 sq. ft.
Max. Gross Floor Area = 80% or 41,106 sq. ft.
Minimum Setbacks (as shown hereon)
Abutting McCoy Street: Twenty Feet (Front) Fifteen Feet (Side)
Abutting Alleys: Five Feet
Abutting Residential: Ten Feet
Maximum Height = 35 feet as per TF-3 Two-Family Residential Zoning
3. Land Uses and Development Standards:
The following uses are permitted for Parcel 1:
A. All allowed uses permitted by right within the TF-3 Two-Family Residential Zoning District, including
conditional provisions for Multi-Family at a maximum density of 14.5 dwelling units per acre, and Bed
and Breakfast land use.
B. One dwelling unit shall be designated for on-site property management at all times.
C. The land uses permitted by the PUD are only those uses permitted by right and not by conditional use
unless specifically identified herein.
4. Architectural Controls: All buildings within the PUD shall share a consistent architectural design with
similar building materials including roofing materials. The units shall provide bicycle storage and/or racks in
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their design.
5. Landscaping:
A. Landscape screening shall be in accordance with the City of Wichita Landscape Ordinance.
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 Metropolitan Area Planning Department (MAPD) for its review and approval prior to
issuance of any occupancy permit(s).
6. Lighting:
A. Lighting shall be in accordance with the Wichita-Sedgwick County Unified Zoning Code, Section IV;
and the amendments thereto, and as provided herein.
8. Screening:
A. Trash receptacles shall be appropriately screened to reasonably hide them from street/alley view with
fencing and/or landscaping.
B. Screening fences will not be required on the boundary of the PUD, provided, however, parking and/or drive
isles shall be screened from adjoining residential as shown hereon.
9. Parking:
A. Each dwelling unit shall provide a minimum of 1.5 parking stalls per unit.
B. Each residence shall provide bicycle storage and/or racks in their design.
10. Utilities:
A. All new utilities shall be installed underground.
11. Signs:
A. Signs are permitted under the current Sign Code of the City of Wichita as per TF-3 Two-Family
Residential Zoning District.
12. Title:
The transfer of the title on all or any portion of the land included in the Planned Unit Development does not
constitute a termination of the plan or any portion thereof; but said plan shall run with the land for commercial
development and be binding upon the present owners, their successors and assigns and amended. However,
the Director of Planning, with the concurrence of the Zoning Administrator, may approve minor adjustments
to the conditions in this overlay, consistent with the approved development plan, without filing a formal
ordinance amendment.
13. 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.
14. Any major changes within this Planned Unit Development shall be submitted to the Planning Commission
and the Governing Body for their consideration. Amendments, adjustments, or interpretations of the PUD
shall be done in accordance with the Unified Zoning Code.
15. Amendments, adjustments, or interpretations to this PUD shall be done in accordance with the Unified Zoning
Code.
16. A certificate or Notice of PUD is required to be recorded with the Sedgwick County Register of Deeds Office
upon approval of the PUD.
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