District 6 Advisory Board

District 6 Advisory Board Agenda Wednesday, August 18, 2021 • 6:30 p.m. Evergreen Recreation Center • 2700 N. Woodland, Wichita, KS 67204 • Facebook Live • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Order of Business  Call to Order • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 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 three-minute time limit for each speaker. 1. Scheduled Items There are no scheduled Public Agenda items this month. 2. Off-Agenda Items Any individual present that did not request to speak on the Public Agenda prior to the meeting may speak at this time. Recommended Action: Receive and file. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • New Business 3. CON2021-00035 Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an application on behalf of DLK Enterprises LLC, Mike Kriwiel (owner), DBA Behavioral Link. The applicant submitted a Conditional Use request Day Care, General, on property zoned SF-5 Single- Family residential on north side of West 53rd Street North and approximately 1,000 feet west of North Seneca Avenue (5401 North Sullivan). If approved, it would allow the applicant/owner to operate a program for children that are in transition to a foster home. The applicant has indicated that the location have up to four staff members to supervise participants from 8 a.m. until 10:30 p.m. DAB 6 • August 18, 2021 • Agenda • Page 1  RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be DENIED. CON2021-00035 Staff Report: https://rb.gy/1xiyia CON2021-00035 Correspondence: https://rb.gy/osdxur • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 4. ZON2021-00030 Kathy Morgan, Senior Planner, Metropolitan Area Planning Department will present an application on behalf of Broadmoor One, LLC (Owners); Baughman Company, P.A. (Agent). The applicant is requesting a zone change from GO General Office and SF-5 Single-Family Residential to LC Limited Commercial for two pieces of property generally located at the southwest corner of West 53rd Street North and North Meridian Avenue. The two properties are described below. Parcel 1  This property is roughly 2.2 acres.  It is generally located 840 feet west of the intersection and zoned GO.  This parcel is undeveloped. Parcel 2  This property is roughly 3.6 acres.  It is generally located 630 feet south of the intersection and zoned GO and SF-5.  The majority of this parcel undeveloped, except for two single-family homes. The requested LC Limited Commercial zoning permits a larger number of uses than is currently allowed under the existing zoning. Properties to the north, across West 53rd Street North, are zoned LC Limited Commercial and developed as a Walmart with mostly vacant out parcels. Properties on the southwest corner of West 53rd Street North and North Meridian Avenue are zoned LC Limited Commercial and developed with commercial. Properties to the east, across North Meridian Avenue, are zoned LC Limited Commercial SF-5 Single-Family Residential. They are developed with a mix of commercial and agricultural uses. Property to the south and west is zoned GO General Office and is undeveloped. RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request as submitted ZON2021-00030 Staff Report: https://rb.gy/dzozfo • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Board Agenda 5. Updates, Issues, and Reports Reports from Council Member Cindy Claycomb and the DAB on any activities, events, resources, issues, or concerns in the neighborhoods, council district, and/or city. DAB 6 • August 18, 2021 • Agenda • Page 2 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Adjournment The next District 6 Advisory Board meeting is scheduled to be held at 6:30 p.m. on Monday, September 13, 2021 at the Evergreen Recreation Center, 2700 N. Woodland, and Wichita, KS 67204. Residents also have the option to watch live on the District 6 Facebook page. Visit the District 6 webpage for the most up-to date meeting information. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • DAB 6 • August 18, 2021 • Agenda • Page 3  AGENDA ITEM NO. 3 STAFF REPORT MAPC: August 19, 2021 DAB VI: August 18, 2021 CASE NUMBER: CON2021-00035 (City) APPLICANTS: DLK Enterprises LLC, Mike Kriwiel (owner), DBA Behavioral Link REQUEST: Conditional Use for Day Care, General CURRENT ZONING: SF-5 Single-Family Residential SITE SIZE: 1.3 acres LOCATION: On the north side of West 53rd Street North and approximately 1,000 feet west of North Seneca Avenue (5401 North Seneca) PROPOSED USE: Day Care for foster children and young adults CON2021-00035 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant submitted a Conditional Use request Day Care, General, on property zoned SF-5 Single-Family residential on north side of West 53rd Street North and approximately 1,000 feet west of North Seneca Avenue (5401 North Sullivan). If approved, it would allow the applicant/owner to operate a program for children that are in transition to a foster home. The applicant has indicated that the location have up to four staff members to supervise participants from 8 a.m. until 10:30 p.m. The Unified Zoning Code defines “Day Care” as an establishment that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than 24 hours per day. The term does not include the following: (1) kindergartens or nursery schools or other daytime programs operated by public or private Elementary, Middle and High Schools or institutions of higher learning; (2) facilities operated in connection with a shopping center or other principal activity, where individuals are cared for temporarily while parents or custodians are occupied on the premises, or are in the immediate vicinity and readily available; (3) special activity programs, including athletics, crafts instruction and similar activities conducted on a periodic basis by civic, charitable and governmental organizations; or (4) a “preschool” operated by a Church or Place of Worship as an accessory use and that is not leased to another group to operate and that meets the Kansas Department of Health and Environment regulations as a “preschool.” “Day Care, General” means a Day Care center that provides care, protection and supervision for more than ten individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees, or a Day Care center for ten or fewer individuals at any one time that is not operated as a Home Occupation. The facility is an existing single family home located in a mature, single-family neighborhood that is developed with homes that were built from 1940s through the 1970s. The existing house was built in 1942. The applicant indicates that staff as well as some of the youth/young adults will have vehicles on-site for a maximum of 10 vehicles. Some of the youth are transported to and from the site by St. Francis Missions. The facility’s driveway will be able to satisfy the parking requirement for the accessory apartment (see attached site plan). Properties north, east, south, and west are zoned SF-5 and are developed with single family residences. Built in 1942, the home has been continuously occupied, except for a period of about three (3) months. This facility has been operating in violation of the Unified Zoning Code. Zoning Code enforcement staff made an inspection call to the site after a complaint was made by a neighbor. The owner was given verbal notice to make application for a Conditional Use to all for Day Care, General. Planning staff has received numerous phone calls and e-mails objecting to the facility from May 1, 2021 through August 11, 2021. CASE HISTORY: In August 1922, the site was platted as Lot 87, Van View Addition. ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single Family Residential SOUTH: SF-5 Single Family Residential EAST: SF-5 Single Family Residential WEST: SF-5 Single Family Residential PUBLIC SERVICES: Access to the property is from West 53rd Street North, which is a four-lane, paved arterial street with 70-feet of right- of-way and sidewalks on the north and south side of the street. The site also has access from North Sullivan Avenue, which is a two-lane, paved local street with no sidewalks. There is no public transit available in the area. The site is CON2021-00035 Metropolitan Area Planning Commission Page 2 located within one block of the Riverview Park which has a baseball diamond. The site is served by well water and a septic system. Patrol North and Fire Station #13 provide services to this area. CONFORMANCE TO PLANS/POLICIES: The requested Conditional Use is in conformance with the Wichita- Sedgwick County Comprehensive Plan, the Community Investments Plan. The Plan identifies the site as “Residential” on the Future Growth Concept Map. The Plan defines this residential as which reflecting the full diversity of residential development densities and types typically found in an urban municipality. The Plan discusses that the range of housing densities and types include anywhere from single-family detached homes to multifamily units, condominiums, and special residential accommodations for the elderly (assisted living, congregate care, and nursing homes). RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be DENIED. 1. The zoning, uses and character of the neighborhood: Properties north, east, and west are zoned SF-5 and are single family residences. Day Care, General allowed with the approval of a conditional use. The facility would operate on a need for services basis, which could mean operation hours from 8 a.m. until 10:30 p.m. and a range of occupancy of youth/young adult (ages 9 to 19) of up to 10 persons and four (4) staff. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property is currently zoned SF-5 Single-Family Residential, and could continue to be used as a single family home. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The removal of the restrictions would negatively impact the neighborhood by additional traffic at the intersection of Sullivan and West 53rd Street North. Since April 6, 2021 through August 11, 2021 there have been 30 calls to this address. Prior to that time period, only one emergency call was logged on September 6, 2020. 4. Length of time the property has been vacant as currently zoned: Built in 1942, the home has been continuously occupied, except for a period of about three (3) months. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The Wichita- Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “Residential” on the Future Growth Map Concept Map, which reflects the full diversity of residential development densities and types typically found in an urban municipality. The Plan discusses that the range of housing densities and types include anywhere from single-family detached homes to multifamily units, condominiums, and special residential accommodations for the elderly (assisted living, congregate care, and nursing homes). The conditional use request conforms to the Comprehensive Plan. 6. Relative gain to the public health, safety, and welfare compared to the loss in value or the hardship imposed upon the applicant: While the existing/proposed Day Care operation helps to improve the safety of the youth that it serves, the 911 records indicate that the Day Care operation has had 30 calls from April 6, 2021 through August 11, 2021. This is substantially more than a typical single-family residence and could be detrimental to the public health, safety, and welfare in the area. 7. Impact of the proposed development on community facilities: There could be an additional 10 to 20 vehicle trips per day on North Sullivan Avenue. Given the number of 911 calls to this location since April 6, 2021, the Approval of the Conditional Use for the Day Care will have an impact to Patrol North services (attached breakdown of calls responded to by Patrol North). If, in the opinion of the Planning Commission, the request is determined to be appropriate, the Planning Commission should adopt alternative findings supporting approval and approval should be subject to the following conditions: CON2021-00035 Metropolitan Area Planning Commission Page 3  A. The activity will be limited to the hours of 6:00 a.m. to 9 p.m. B. The site shall be developed and operated in conformance with the approved site plan and all applicable codes to include but not limited to zoning, building, fire and environmental regulations. C. The applicant must file an “Inquiry Regarding Licensure School Age or Drop-In program and the results file with the City of Wichita, Department of Public Works and Utilities, Child Care Licensing and obtain any licensing for the operation of the program, if required. D. The parking area shall be in conformance with the Unified Code Requirements and be surfaced with an all- weather material. E. Access to the site will be one-way, entering from North Sullivan Avenue and exiting onto West 53rd Street North. F. If the applicant receives a nuisance ordinance letter due to the nature of calls after the Conditional Use, operations shall cease and the program closed at 5401 North Sullivan Avenue. G. All conditions shall be met or the Conditional Use shall be null and void. If the Zoning Administrator finds that there is a violation of any of the provisions or 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 the Conditional Use null and void. Attachments: 1. Aerial Map 2. Zoning Map 3. Land Use Map 4. Site Plan 5. Patrol North e-mail 6. Nuisance Ordinance No. 50-537 CON2021-00035 Metropolitan Area Planning Commission Page 4 CON2021-00035 Metropolitan Area Planning Commission Page 5 CON2021-00035 Metropolitan Area Planning Commission Page 6 CON2021-00035 Metropolitan Area Planning Commission Page 7 CON2021-00035 Metropolitan Area Planning Commission Page 8 CON2021-00035 Metropolitan Area Planning Commission Page 9 Nuisance Ordinance Analysis from the City Council Agenda Report December 6, 2016 The proposed ordinance establishes a process in which a property owner is encouraged to work with the Wichita Police Department to develop a plan to abate nuisance activities on their property. Nuisance activity is defined as a “Trigger” event which is a Wichita Police Department documented incident, a criminal conviction, or criminal diversion related to a series of defined criminal violations. When two (2) or more Trigger events occur or one (1) shooting or search warrant occur at a single-family property, the property owner is notified that one (1) or more event will qualify them as a nuisance. For commercial and multi-family properties, the limit is three (3) trigger events or one (1) shooting or search warrant. Upon next Trigger event, the property owner is notified of a hearing with a Police Department representative. A plan is developed to abate the nuisance. If the property owner fails to attend the hearing or comply with the plan, the actual costs of any subsequent police calls may be assessed against the property owner. The owner may appeal the assessment of these costs to the Chief of Police, City Manager, City Council, and then to the District Court. CON2021-00035 Metropolitan Area Planning Commission Page 10  AGENDA ITEM NO. 4 STAFF REPORT MAPC August 19, 2021 DAB VI August 18, 2021 CASE NUMBER: ZON2021-00030 (City) APPLICANT/AGENT: Broadmoor One, LLC (Owners); Baughman Company, P.A. (Agent) REQUEST: LC Limited Commercial CURRENT ZONING: GO General Office; SF-5 Single-Family Residential SITE SIZE: 5.61 acres LOCATION: Generally located 840 feet west and 630 feet south of the southwest corner of West 53rd Street North and North Meridian Avenue. PROPOSED USE: To allow limited commercial development. Parcel 1 Parcel 2 BACKGROUND: The applicant is requesting a zone change from GO General Office and SF-5 Single- Family Residential to LC Limited Commercial for two pieces of property generally located at the southwest corner of West 53rd Street North and North Meridian Avenue. The two properties are described below. Parcel 1  This property is roughly 2.2 acres.  It is generally located 840 feet west of the intersection and zoned GO.  This parcel is undeveloped. Parcel 2  This property is roughly 3.6 acres.  It is generally located 630 feet south of the intersection and zoned GO and SF-5.  The majority of this parcel undeveloped, except for two single-family homes. The requested LC Limited Commercial zoning permits a larger number of uses than is currently allowed under the existing zoning. Properties to the north, across West 53rd Street North, are zoned LC Limited Commercial and developed as a Walmart with mostly vacant out parcels. Properties on the southwest corner of West 53rd Street North and North Meridian Avenue are zoned LC Limited Commercial and developed with commercial. Properties to the east, across North Meridian Avenue, are zoned LC Limited Commercial SF-5 Single-Family Residential. They are developed with a mix of commercial and agricultural uses. Property to the south and west is zoned GO General Office and is undeveloped. CASE HISTORY: In February of 2020, the majority of the subject property was rezoned from SF-20 Single-Family Residential to GO General Office (ZON2019-00060). In July of 2021, the majority of the subject property was annexed into Wichita. The subject property will be platted upon the approval of the zone change to LC (SUB2021-00020). ADJACENT ZONING AND LAND USE: North: LC Commercial South: GO Undeveloped East: LC; SF-5 Commercial and agricultural uses West: GO Undeveloped PUBLIC SERVICES: Access to Parcel 1 is off of West 53rd Street North. West 53rd Street North is a paved arterial with a 95-foot right-of-way. Public water and sewer utilities are available at this location. Access to Parcel 2 is off of North Meridian Avenue. North Meridian Avenue is a paved arterial with a 70- foot right-of-way. There are sidewalks present on the west side of North Meridian Avenue. Public water and sewer utilities are available at this location. CONFORMANCE TO PLANS/POLICIES: The requested LC zoning is in conformance with the Wichita-Sedgwick County Comprehensive Plan; the Community Investments Plan. The plan includes the 2035 Wichita Future Growth Concept Map, which identifies the area in which the subject sites are located to be appropriate for New Residential/Employment Mix. This category is described as encompassing “areas of land that likely will be developed or redeveloped by 2035 with uses predominantly of a mixed nature.” RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request as submitted ZON2021-00030 Metropolitan Area Planning Commission Page 2 This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties to the north, across West 53rd Street North, are zoned LC Limited Commercial and developed as a Walmart with mostly vacant out parcels. Properties on the southwest corner of West 53rd Street North and North Meridian Avenue are zoned LC Limited Commercial and developed with commercial. Properties to the east, across North Meridian Avenue, are zoned LC Limited Commercial SF-5 Single-Family Residential. They are developed with a mix of commercial and agricultural uses. Property to the south and west is zoned GO General Office and is undeveloped. 2. The suitability of the subject property for the uses to which it has been restricted: Both properties are adjacent to other properties zoned LC Limited Commercial. Property zoned GO General Office acts as a buffer between the residential zoned property to the south and west. While GC General Commercial zoning would allow for an increase in uses on the sites, their location at the intersection of two arterials is well suited for such uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request would allow for additional development and provide economic opportunity in the area. LC Limited Commercial is not an unreasonable request due to the large presence of LC zoning in the area. 4. Length of time subject property has remained vacant as zoned: This majority of the subject property is undeveloped. There are two single-family homes on Parcel 2 along North Meridian Avenue. 5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship. Denial would represent a loss of economic opportunity to the applicant or property owner. Approval would represent gain for the applicant and provide new economic opportunity by providing potential jobs and services to the community on property which has not previously been developed. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested LC zoning is in conformance with the Wichita-Sedgwick County Comprehensive Plan; the Community Investments Plan. The plan includes the 2035 Wichita Future Growth Concept Map, which identifies the area in which the subject sites are located to be appropriate for New Residential/Employment Mix. This category is described as encompassing “areas of land that likely will be developed or redeveloped by 2035 with uses predominantly of a mixed nature.” 6. Impact of the proposed development on community facilities: Existing public infrastructure at the sites will accommodate uses under the proposed LC zoning. Attachments:  Aerial Map  Zoning Map  Land Use Map  Photos ZON2021-00030 Metropolitan Area Planning Commission Page 3   Parcel 1 Parcel 2 ZON2021-00030 Metropolitan Area Planning Commission Page 4  Parcel 1 Parcel 2 ZON2021-00030 Metropolitan Area Planning Commission Page 5 ZON2021-00030 Metropolitan Area Planning Commission Page 6 Parcel 1 Looking South North of Parcel 1 ZON2021-00030 Metropolitan Area Planning Commission Page 7 East of Parcel 1 Parcel 2 Looking southwest ZON2021-00030 Metropolitan Area Planning Commission Page 8 Parcel 2 Looking Northeast East of Parcel 2 ZON2021-00030 Metropolitan Area Planning Commission Page 9 South of Parcel 2 ZON2021-00030 Metropolitan Area Planning Commission Page 10