Metropolitan Area Planning Commission Agenda

AGENDA METROPOLITAN AREA PLANNING COMMISSION Thursday, February 4, 2021 1:30 PM

The virtual meeting of the Metropolitan Area Planning Commission will be held on Februay 4, 2021 at 1:30 PM in the City Hall Building, 1st floor - City Council Chambers, 455 N. Main, Wichita, Kansas

The meeting will be held virtually, public participation is available in multiple ways, those without technology options can participate by going to Century II – Room 101B – 225 West Douglas Avenue, Wichita, Kansas 67202 (specified at the bottom of this notice). If you have any questions regarding the meeting or items on this notice, please call the Wichita-Sedgwick County Metropolitan Area Planning Department at (316) 268-4421.

Please see the end of this agenda for instructions on Public Virtual participation.

1. Approval of the prior MAPC meeting minutes January 21, 2021

2. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS Items may be taken in one motion unless there are questions or comments.

2.1 SUB2020-00047: Final Plat – BILTMORE ESTATES ADDITION; located 1900 feet south of US-54/400 Highway (Kellogg) on the west side of South 135th Street West.

RECOMMENDED ACTION: APPROVED 6-0

2.2 SUB2020-00049: Revised Final Plat – CRAFT ADDITION (formerly: Spurrier’s La Homa 2nd Addition, 1step SD 10-29-20); located north side of East Pawnee Road, 1000 feet east of South Greenwich Road.

RECOMMENDED ACTION: APPROVED 6-0

2.3 SUB2020-00069: One-Step Final Plat – FOX LAKE ADDITION; located on the west side of North 151st Street West, one-quarter mile north of West 45th Street North.

RECOMMENDED ACTION: APPROVED 6-0

2.4 SUB2020-00070: One-Step Final Plat – HEATON ADDITION; located on the east side of North Ridge Road, one-quarter mile south of West 53rd Street North.

RECOMMENDED ACTION: APPROVED 6-0

2.5 SUB2020-00071: One-Step Final Plat – AMIDON ACRES ADDITION; located on the west side of North Womer Street, one-half mile south of West 37th Street North.

RECOMMENDED ACTION: APPROVED 6-0

2.6 SUB2021-00001: Final Plat – CASTAWAYS 2ND ADDITION; located one-quarter mile north of West 45th Street North, one-quarter mile west of North Hoover Road. RECOMMENDED ACTION: APPROVED 5-0-1

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3. PUBLIC HEARING – VACATION ITEMS ADVERTISED TO BE HEARD NO EARLIER THAN 1:30 PM. Items may be taken in one motion unless there are questions or comments. Complete legal descriptions are available for public inspection at the Metropolitan Area Planning Department – 271 West Third Street, 2nd Floor, Ste #201, Wichita, Kansas.

3.1 VAC2020-00053: City Vacation of a platted street right-of-way to expand development opportunity on abutting LC Limited Commercial zoned lots; generally located within one quarter mile south of East 29th Street North and within one-half mile east of North Greenwich Road.

RECOMMENDED ACTION: APPROVED 5-0

4. PUBLIC HEARINGS ADVERTISED TO BE HEARD NO EARLIER THAN 1:30 PM.

4.1 CON2020-00039: County Conditional Use for a rock crushing operation in Limited Industrial Zoning, Generally located 1000 feet South of West MacArthur Road and within one-half mile west of South West Street on the east side of the Mitch Mitchell Floodway.

PRESENTING PLANNER: Kathy Morgan

4.2 CON2020-00041: City Conditional Use for ancillary parking on property zoned B Multi-Family Residential, 400 feet north of East 21st Street North, 180 feet west of North Broadway Avenue (rear of 2227 North Broadway Avenue)

PRESENTING PLANNER: Philip Zevenbergen

5. NON-PUBLIC HEARING ITEMS NONE

6. Other Matters/Adjournment

6.1 Vote - 2021 Metropolitan Area Planning Commission Meeting Calendar

PLEASE NOTE THIS MEETING IS CONSIDERED AN EMERGENCY MEETING OF THE WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION due to COVID-19, WHICH WILL IMPOSE SPECIAL PROCEDURES TO PARTICIPATE IN THE PUBLIC HEARING. THESE ARE AS FOLLOWS:

The meeting will be conducted “virtually” using Go-To-Meeting. You have multiple options to participate: 1) submit comments ahead of time, 2) participate remotely, or 3) attend a virtual connection site in-person (see below).

Submit Comments Ahead of Time You can submit comments regarding items on the Planning Commission agenda to the Wichita- Sedgwick County Metropolitan Area Planning Department (Planning Department). Comments must be received by the Planning Department no later than 5pm 3 days prior to the meeting. Please be sure to provide ample time for delivery. The comments can be submitted in the following formats: email; letter; video; and audio message (mp3, etc.). The comment should indicate which item they pertain to

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and be less than three (3) minutes in duration. The comments should be submitted to Planning Department staff using the contact information below. The comments received ahead of the submission deadline will be shared with the MAPC, prior to or during the meeting.

Email [email protected] Mailing Address Wichita-Sedgwick County Metropolitan Area Planning Department Attn: Scott Wadle 271 W. 3rd Street – Suite 201 Wichita, KS 67202 Phone 316.268.4421 Fax 316-858-7764

Participate Remotely

Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/651544141

You can also dial in using your phone. United States: +1 (571) 317-3112

Access Code: 651-544-141

Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com Meeting ID: 651 544 141 Or dial directly: [email protected] or 67.217.95.2##651544141

New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/651544141

Attend a Virtual Connection Site In-Person

You may also participate in the hearing by going to meeting room 101B at Century II (225 West Douglas) to participate in the Planning Commission meeting by “virtual” connection. Planning Department staff members will be available to assist in your participation at this location. This option is intended for those without other technology options, and who have not previously submitted recorded audio or video comments. If you have any written or visual materials you wish to present, please contact Planning Department Graphics staff (268-4464) by 5pm, 3 days prior to the meeting.

Scott Wadle, Secretary Wichita-Sedgwick County Metropolitan Area Planning Commission

WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION

MINUTES

January 21, 2021

The virtual meeting of the Metropolitan Area Planning Commission was held on January 21, 2021 starting at 1:30 PM in the City Hall Building, 1st floor - City Council Chambers, 455 N. Main, Wichita, Kansas. The public was able to participate by going to Century II – Room 101B – 225 West Douglas Avenue, Wichita, Kansas 67202. The following members were present in-person: Mike Greene, Chair; Bill Johnson, Vice-Chair; Hugh Nicks; Chuck Warren; Anne Fox; and Rob Hartman. The following members were present online: Joshua Blick; Bob Dool; Cindy Miles; Joe Johnson; and Terrill Florence. The following members were absent: John McKay, David Foster, and Schane Gross. Staff members present were: Scott Wadle, Planning Director; Neil Strahl, Senior Planner; Kathy Morgan, Senior Planner; Mary Hunt, Principal Planner; Stephen Banks, Senior Planner; Matthew Williams, Associate Planner; Philip Zevenbergen, Associate Planner; JR Cox, Zoning Administrator; Justin Waggoner, Assistant County Counselor; and Jeff Vanzandt, Assistant City Attorney.

1. APPROVAL OF THE PRIOR MAPC MEETING MINUTES.

1.1 Approval of the January 7, 2021 MAPC minutes MOTION: Approve the January 7, 2021 minutes

HARTMAN moved, WARREN seconded the motion, and it passed 9-0-2. J JOHNSON AND BLICK abstained

2. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS

2.1 SUB2017-00003: Final Plat—CASTAWAYS ADDITION; located on the north side of West 45th Street North, 300 feet west of North Hoover Road.

RECOMMENDED ACTION: APPROVE 7-0

NOTE: This final plat is a portion of the overall preliminary plat approved for the site in November 2018 and represents the first phase of development. The street layout and lot configuration are consistent with the preliminary plat.

STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department requires the applicant extend water and sewer to serve each lot. Existing specials will be spread on a square foot basis in absence of a Respread Agreement. Sewer Transmission Fees in lieu of assessment are due. The sanitary sewer is at least 20 feet deep here; easement width may need to be adjusted to account for depth and groundwater, and building setbacks adjacent to 45th Street need to be at least 20 feet. There should be a dedicated 30-foot easement on the eastern edge of this property that is not shown. A utility plan is requested.

B. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) along with the corresponding dollar amounts shall be submitted to the Planning Department for recording.

C. City Stormwater Management has approved the drainage plan. Page 2 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes

D. The plat denotes four street openings along 45th Street North. Traffic Engineering has approved the access controls.

E. Since this plat proposes the platting of narrow street right-of-way with adjacent 15-foot street, drainage and utility easements, a restrictive covenant shall be submitted which calls out restrictions for lot-owner use of these easements. Retaining walls and change of grade shall be prohibited within these easements as well as fences, earth berms and mass plantings.

F. The plat denotes a temporary turnaround easement at the terminus of Ridge Port Street with the standard 50-foot radius. As it is off-site, the temporary turnaround shall be established by separate instrument. The easement should indicate that the vacation of the temporary turnaround area will be effective upon the extension of the street northward.

G. The Applicant shall guarantee the paving of the proposed streets. In accordance with the Subdivision Regulations, the cul-de-sacs must meet the minimum 35-foot paved radius requirement. The guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac streets. The paving guarantee shall include the installation of the temporary turnaround for Ridge Port Street.

H. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners’ association prior to recording the plat or shall submit a restrictive covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. The plattor’s text shall state that compliance with any platted restrictions and applicable restrictive covenants affecting said Reserves shall be binding on any owners, successors, heirs or assigns.

I. For those reserves being platted for drainage purposes, the required covenant that provides for ownership and maintenance of the reserves, shall grant to the appropriate governing body the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body.

J. The minimum building pad table needs corrected to reference Lots 1-58.

K. GIS has approved the plat’s street names.

L. City Environmental Health requires any wells installed for irrigation purposes to be properly permitted, installed, and inspected in a manner consistent with City and State requirements.

M. City Fire Department requests verification of proper hydrant location and protection.

N. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].

O. County Surveying advises curve data needs added on the east line of Lot 25, Block A that has the length of 24.79 feet.

P. County Surveying advises curve data needs added along the west line of Lots 31 and 32, Block A.

Q. County Surveying advises curve data needs added along the east line of Lots 45 and 46, Block A.

R. County Surveying advises the delta of the curve along the west line of lot 47, Block A needs added along with the east line of Reserve E adjacent thereto.

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S. County Surveying advises the centerlines of the North-South Streets need located along 45th Street North.

T. County Surveying advises in the plattor's text on the sixth line from the bottom one of the Reserve "F"'s needs removed.

U. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review.

V. In accordance with the Backyard Drainage Policy, a restrictive covenant shall be submitted stating: “A master drainage plan has been developed for this plat. All drainage easements, rights-of-way, and reserves shall remain at established grades (unless modified with the approval of the City Engineer) and shall be unobstructed to allow for the conveyance of stormwater in accordance with the Stormwater Manual. The maintenance of all drainageways and drainage facilities in backyard drainage easements and reserves shall be the responsibility of the property owner, and shall be enforced by the Homeowners’ Association and be provided for in the Homeowners’ Association covenants. The property owner shall provide a copy of the Individual Lot Grading Plan and the Individual Lot Grading Plan Certificate pertaining to such owner’s lot to any person installing a lawn, landscaping, fencing, or other improvements or structures and require them to maintain the grade levels shown on the Individual Lot Grading Plan Certificate.”

W. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.)

X. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents.

Y. Prior to development of the plat, the applicant is advised to meet with the United States Postal Service Growth Management Coordinator (Phone: (316) 946-4595) in order to receive mail delivery without delay, avoid unnecessary expense and determine the type of delivery and the tentative mailbox locations.

Z. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Route 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements.

AA. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System Stormwater Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements.

BB. Perimeter closure computations shall be submitted with the final plat tracing.

CC. The applicant should check City or County GIS mapping to determine whether the location of any taxing district boundaries (e.g. school districts) crosses their property and plan accordingly to avoid unnecessary splitting of lots between taxing districts.

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DD. Evergy will need to request additional easements. Heide Bryan, Subdivision Representative, will be the contact for this plat and can be contacted at 261-6354. Any relocation or removal of service due to this plat will be at the applicant’s expense.

EE. A compact disk (CD) should be provided, which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. Please include the name of the plat on the disk. If a disk is not provided, please send the information via e-mail to Kathy Wilson (e-mail address: [email protected]).

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation

J JOHNSON moved, FLORENCE seconded the motion, and it carried (11-0).

2.2 SUB2020-00050 One-Step Final Plat—TRINITY POINT 2ND ADDITION; located on the north side of West 47th Street South, on the east side of South Hoover Road.

RECOMMENDED ACTION: APPROVE 7-0

NOTE: This is an unplatted site in the City of Wichita.

The Subdivision Committee may recommend a modification of the design criteria in Article 7 of the Subdivision Regulations only if it finds that the strict application of the design criteria will create an unwarranted hardship, the proposed modification is in harmony with the intended purpose of the Subdivision Regulations and the public safety and welfare will be protected.

STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department requires water and sewer extended to serve each lot. The 10-foot waterline easement along the west line of the plat needs shown. Water Main Benefit Fees are due. Sewer Transmission Fees in lieu of assessment are not required. Water Transmission Fees in lieu of assessment are due. A utility plan needs to be submitted for review and approval to ensure the water is properly looped.

Reserve B allows monuments and utilities which are not confined to easements. There needs to be either a defined easement for utilities or protection of the utilities from encroachment of the monument. The 20-foot utility easement covering the 12” sanitary sewer line along the west property line of Reserve A needs to be widened to at least 25 feet.

It appears that there is already a manhole in the wall easement of Lot 1, Block A. The wall must be comprised of a removable panel at this location, or configured so that the manhole is accessible from Hoover.

B. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording.

C. City Environmental Health requires any wells installed for irrigation purposes to be properly permitted, installed, and inspected in a manner consistent with City and State requirements.

D. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to

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[email protected] and [email protected].

E. City Stormwater Management has approved the drainage plan. The applicant’s agent and Stormwater Management will meet to discuss the drainage swale located in Lots 1-10, Block B and Lots 21-29, Block E.

F. The plat proposes one street opening along Hoover Road; two street openings and two access openings along 47th Street. City Traffic Engineering requests the 161.26’ complete access control along Hoover be reduced to reflect the 34-foot entry drive. County Public Works advises access controls along 47th Street South are approved, except that the access control dimension along Reserve “A” should include “…in accordance with Access Management Standards of the appropriate governing body” and a note to identify the existing access point to the sewer lift station along 47th Street that will remain.

G. The Applicant shall guarantee the paving of the proposed streets. The guarantee shall also provide for sidewalks on at least one side of the non-cul-de-sac through streets.

J. The plattor’s text denotes Reserve A as used for a Public Park. The final plat shall not be scheduled for City Council review until the Park Board has accepted the Reserve as park use.

K. City Public Works advises a non-masonry wall with a removable gate is required for the portions of the wall easement that crosses a drainage and utility easement.

L. “CENTER FLOODWAY” should be removed from the MS Mitch Mitchell Floodway label.

M. County Public Works advises the applicant shall guarantee paving of 47th Street South for a minimum of ½ mile east of Hoover Road.

N. GIS requests street types for Clara, Elder, Flora and Doris. 47st Street should be denoted as “W 47TH ST S”.

O. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review.

P. In accordance with the Backyard Drainage Policy, a restrictive covenant shall be submitted stating: “A master drainage plan has been developed for this plat. All drainage easements, rights-of-way, and reserves shall remain at established grades (unless modified with the approval of the City Engineer) and shall be unobstructed to allow for the conveyance of stormwater in accordance with the Stormwater Manual. The maintenance of all drainageways and drainage facilities in backyard drainage easements and reserves shall be the responsibility of the property owner, and shall be enforced by the Homeowners’ Association and be provided for in the Homeowners’ Association covenants. The property owner shall provide a copy of the Individual Lot Grading Plan and the Individual Lot Grading Plan Certificate pertaining to such owner’s lot to any person installing a lawn, landscaping, fencing, or other improvements or structures and require them to maintain the grade levels shown on the Individual Lot

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Grading Plan Certificate.”

Q. The applicant shall submit a copy of the instrument, which establishes the pipeline easement on the property, which verifies that the easement shown is sufficient and that utilities may be located adjacent to and within the easement. Any relocation, lowering or encasement of the pipeline, required by this development, will not be at the expense of the appropriate governing body.

R. The applicant’s agent shall determine any setback requirements for the pipeline by researching the text of the pipeline agreement. If a setback from the pipeline easement is provided for in the pipeline easement agreement, it shall be indicated on the face of the plat.

S. City Public Works advises the plattor’s text shall read, “No regrading within abutting rights-of-way shall be allowed with the construction of the berms allowed within Reserve B. The berms cannot impact access to or bury manholes, water valves and/or water meters.”

T. The Applicant has platted a 5-foot minimum interior side setback which represents an adjustment of the Zoning Code standard of 6 feet for the SF-5 Single-Family Residential District. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

U. County Surveying advises the dimension along the west line of Lot 1, Block C needs corrected and the access control dimension needs adjusted accordingly.

V. County Surveying advises dimensions need added along the west lines of Lots 11, 28, 29, 46 and 47, Block D.

W. City Fire Department requests verification of proper hydrant location and protection.

X. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.)

Y. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents.

Z. Prior to development of the plat, the applicant is advised to meet with the United States Postal Service Growth Management Coordinator (Phone: (316) 946-4595) in order to receive mail delivery without delay, avoid unnecessary expense and determine the type of delivery and the tentative mailbox locations.

AA. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Route 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements.

BB. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System Stormwater Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements.

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CC. Perimeter closure computations shall be submitted with the final plat tracing.

DD. The applicant should check City or County GIS mapping to determine whether the location of any taxing district boundaries (e.g. school districts) crosses their property and plan accordingly to avoid unnecessary splitting of lots between taxing districts.

EE. Evergy will need to request additional easements. Heide Bryan, Subdivision Representative, will be the contact for this plat and can be contacted at 261-6354. Any relocation or removal of service due to this plat will be at the applicant’s expense.

FF. A compact disk (CD) should be provided, which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. Please include the name of the plat on the disk. If a disk is not provided, please send the information via e-mail to Kathy Wilson (e-mail address: [email protected]).

GREENE: Stated that he did have some ex parte communications with the agent for this plat. There had been some questions concerning a drainage ditch at the north end of the this plat that was affect Lot 1-10, Block B and Lots 21-29, Block E. After conversations with Mr. Rose and after he had conversations with the Stormwater Staff, the easement on the north end is actually going to be expanded for the installation of storm drain pipes. The open ditch that is there will be going away. I wanted to clarify this for those on the Commission so there is some resolution to that.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation

J JOHNSON moved, FLORENCE seconded the motion, and it carried (11-0).

2.3 SUB2020-00067 One-Step Final Plat—RH ESTATES ADDITION; located on the south side of West 55th Street South, 2000 feet west of South 343rd Street West.

RECOMMENDED ACTION: APPROVE 7-0

NOTE: This is unplatted property located in the County. The property is designated as “rural growth area” by the Community Investments Plan 2015-2035.

STAFF COMMENTS:

A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact Metropolitan Area Building and Construction Department to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval.

B. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording.

C. County Public Works has approved the drainage plan.

D. The label for 55th Street South should be corrected from Centerline to Section Line.

Page 8 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes

E. The label for 343rd Street West should be corrected from Centerline to Section Line.

F. County Public Works has approved the access controls. The plat denotes a 40-foot shared opening.

G. The joint access easement shall be established by separate instrument. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument.

H. Sedgwick County Fire Department advises that the plat will need to comply with the Sedgwick County Service Drive Code.

I. Approval of this plat will require a waiver of the lot depth-to-width ratio of the Subdivision Regulations for both lots. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width.

The Subdivision Committee recommends a modification of the design criteria in Article 7 of the Subdivision Regulations as it finds that the strict application of the design criteria will create an unwarranted hardship, the proposed modification is in harmony with the intended purpose of the Subdivision Regulations and the public safety and welfare will be protected.

J. The plattor’s text shall include language that “This property is within a zone identified by the Sedgwick County Public Works Department as likely to have groundwater at some or all times within ten feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the Sedgwick County Public Works Department.”

K. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].

L. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents.

M. Prior to development of the plat, the applicant is advised to meet with the United States Postal Service Growth Management Coordinator (Phone: (316) 946-4595) in order to receive mail delivery without delay, avoid unnecessary expense and determine the type of delivery and the tentative mailbox locations.

N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Route 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements.

O. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System Stormwater Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements.

P. Perimeter closure computations shall be submitted with the final plat tracing.

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Q. The applicant should check City or County GIS mapping to determine whether the location of any taxing district boundaries (e.g. school districts) crosses their property and plan accordingly to avoid unnecessary splitting of lots between taxing districts.

R. Any removal or relocation of existing equipment of utility companies will be at the applicant’s expense.

S. A compact disk (CD) should be provided, which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. Please include the name of the plat on the disk. If a disk is not provided, please send the information via e-mail to Kathy Wilson (e-mail address: [email protected]).

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation

J JOHNSON moved, FLORENCE seconded the motion, and it carried (11-0).

2.4 SUB2020-00068 One-Step Final Plat—NIEDERLANDER’S 2ND ADDITION; located on the northwest corner of North McLean Boulevard and West 2nd Street North

RECOMMENDED ACTION: APPROVE 7-0

NOTE: This is a replat of a portion of the Niederlander's Addition to West Wichita.

STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department advises water is currently available to Lot 1 and a 1" water service should be available to serve 740 W 2nd's existing plumbing. If a new or larger connection is desired, fees will include the proper abandonment of the existing connection. Sewer is not available to the site and must be extended to provide service. There are no fees in lieu of assessment due for this subdivision. The applicant shall submit an Encroachment Agreement to City Public Works prior to submittal of the mylar.

B. City Environmental Health requires any wells installed for irrigation purposes to be properly permitted, installed, and inspected in a manner consistent with City and State requirements.

C. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].

D. The range listed as “R2E” needs corrected to “R1E” under the vicinity map.

E. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording.

F. City Stormwater Management advised the drainage plan is pending approval and will be finalized prior to the MAPC Meeting.

G. The plat proposes two openings along 2nd Street and complete access control along McLean. Traffic Engineering has approved access controls.

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H. Provisions shall be made for ownership and maintenance of the proposed reserves. A restrictive covenant shall be submitted regarding ownership and maintenance responsibilities. The plattor’s text shall state that compliance with any platted restrictions and applicable restrictive covenants affecting said Reserves shall be binding on any owners, successors, heirs or assigns.

J. City Fire Department advises that verification of proper hydrant protection will be based on the type/size of building.

K. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.)

L. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents.

P. Perimeter closure computations shall be submitted with the final plat tracing.

R. Evergy will not request additional easements at this time but may need to by separate instrument at a later date depending on how the project develops. Richard Aitken, Area Construction Representative, will be the contact for this plat and can be contacted at 261-6334. Any relocation or removal of service due to this plat will be at the applicant’s expense.

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T. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation

J JOHNSON moved, FLORENCE seconded the motion, and it carried (11-0).

3. PUBLIC HEARING – VACATION ITEMS

3.1 Case No. VAC2020-00052: City Vacation of a portion of floodway for warehouse expansion on property zoned LI Limited Industrial; generally located 600 feet north of K-42 Highway, on the east side of South Hoover Street (2820 South Hoover Street).

RECOMMENDED ACTION: APPROVE 7-0.

Lot 1, Block 1, AMF Addition, Wichita, Sedgwick County, Kansas.

The applicant proposes to vacate a portion of the platted floodway located within the North 235 feet of the East 70 feet of the West 245 feet of Lot 1, Block 1 AMF Addition. This site is generally located on the east side of South Hoover Street and 600 feet north of K-42 Highway. The platter’s text states the platted floodway shall be the responsibility of the adjacent property owners until such time that the City of Wichita elects to assume responsibility for maintenance and improvement of the drainage. The platter’s text also states that no buildings shall be constructed on or within the floodway, nor shall any fill, change of grade, creation of channel or other work be carried on without the permission of the City Engineer of the City of Wichita. The proposed vacated portion of the drainage reserve appears to be located outside of the FEMA Flood Plains. The Stormwater Engineer supports the project.

The applicant wishes to build an expansion to the existing warehouse within the proposed vacated drainage reserve.

There are no public utilities located within the area of the vacation. Evergy states: “Evergy has no objection to this request and we do not have equipment in the floodway area they are requesting to vacate. Standard comments will apply, any removal and relocation of existing equipment for this vacation request will be at the applicant’s expense. Ennidh Garcia is the Area Representative and will be the contact for this item and can be reached at 316-261-6359.” Cox states: “Cox has no objection to this vacate. We have no facilities in the vacate area.” The A.M.F. Addition was recorded with the Register of Deeds November 20, 1987.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from Wichita Public Works, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described portion of the platted drainage reserve.

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A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings:

1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time December 17, 2020, which was at least 20 days prior to this public hearing.

2. That no private rights will be injured or endangered by vacating the described portion of the sewer easement dedicated by separate instrument, and that the public will suffer no loss or inconvenience thereby.

3. In justice to the petitioner, the prayer of the petition ought to be granted.

Conditions (but not limited to) associated with the request:

(1) Vacate that portion of the platted floodway, as approved by City Public Works. Provide Planning Staff with a legal description of the approved vacated portion of the platted floodway on a Word document, via e-mail, to be used on the Vacation Order and Vacation Petition. All Provide to Planning prior to the case going to the BoCC for final action.

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants and at the applicants’ expense. (3) All improvements shall be according to City Standards and at the applicant’s expense, including all required City plans, permits and inspections.

(4) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following conditions:

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants and at the applicants’ expense.

(3) All improvements shall be according to City Standards and at the applicant’s expense, including all required City plans, permits and inspections.

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have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds.

MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation

HARTMAN moved, MILES seconded the motion, and it carried (10-0-1). B JOHNSON abstained

4. PUBLIC HEARINGS

4.1 Case No. CON2020-00040: City Conditional Use for Group Residence, Limited on property zoned SF-5 Single Family Residential; generally located on the south side of West Maple Street within one-half mile east of South Meridian Avenue (1825 West Maple).

Lots 80, 100, and 102, Maple Street, Coops Subdivision of Lots in University Place Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: This application is requesting a Conditional Use to permit Group Residence, Limited on property zoned SF-5 Single-Family Residential. The property is located on the south side of West Maple Street and one-half mile east of South Meridian Avenue (1825 W. Maple Street). The purpose of this request is to convert this two-story, eight bedroom home in to a care facility for foster children.

As defined by the Unified Zoning Code, Group Residence, Limited is “a Group Residence that is occupied by six to 15 persons, including staff members who reside in the facility.” Furthermore, a “Group Residence” is defined as “a residential facility providing cooking, sleeping, and sanitary accommodations for a group of people, not defined as a Family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children’s homes, and emergency shelters for the homeless and for victims of crime, abuse or neglect. The term Group Residence does not include Group Home or Correctional Placement Residences.”

The intent of the facility is to house six school-age children for long term and emergency overnight placement. In addition, two full time staff will reside at the home. A site plan is attached. No changes are proposed to the existing structure and no additional structures are proposed. Information provided in the application states the home was originally built in 1907 by the Christian Service League, which became the Kansas Children’s Service League and was used by them until 1970. After 1970, the home was used as a wedding venue, a girls foster care facility, and a Bed and Breakfast.

The UZC requires one parking space per bedroom for this use, which equates to eight parking spaces. The site can only accommodate eight off-street parking spaces. Four of the parking spaces are accommodated along the driveway on the east side of the property and the other four are accommodated in the rear of the property off of the alley.

The character of the surrounding area is a mixture of residential densities. The majority is zoned SF-5 Single-Family Residential on the east and south sides. The north side is zoned SF-5, but is a church. Property to the west is zoned TF-3 Two-Family Residential with and single family home. Northwest of the property is zoned MF-18 Multi-Family Residential with a quad-plex. The property is within the Delano Overlay District, which requires any significant modifications the exterior of the site to be reviewed and approved by the Design Review Committee.

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CASE HISTORY: In 2005, a Conditional Use was approved for a Bed and Breakfast Inn (CON2005- 00027). In 1887, the property was platted as part of the Coops Subdivision of the University Place Addition.

ADJACENT ZONING AND LAND USE:

NORTH: SF-5 Church SOUTH: SF-5 Single-family residences EAST: SF-5 Single-family residences WEST: TF-3 Single-family residences

PUBLIC SERVICES: The subject property has access to West Maple Street and South Glenn Street. West Maple is a paved, four-lane arterial with sidewalks on both sides. South Glenn is a paved, local street with sidewalks on both sides. Municipal water and sewer services are provided on-site.

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 development. 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. The range of housing densities and types includes, but is not limited to, single-family detached homes, semidetached homes, zero lot lines units, patio homes, duplexes, townhouses, apartments and multi-family units, condominiums, mobile home parks, and special residential accommodations for the elderly.”

In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area (ECA) and recommends an Urban Infill Strategy for the ECA. The Wichita: Places for People Plan provides recommendations for urban infill development in the ECA. The subject site is located within the ECA and is 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 Places for People Plan also identifies the subject site to be within a Transition area near a neighborhood hub at Douglas Avenue and Meridian Avenue and a Regional Center at West Kellogg and Meridian Avenue by the Places for People Plan. A transition area is defined as “area necessary between the node and the edge that allows the intensity of development and uses, and mix of uses, to transition to the surrounding neighborhood context.” With nodes having higher intensity uses and edges have less intensive uses, the proposed Conditional Use for a Group Residence is appropriate for this area.

RECOMMENDATION: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED subject to the following conditions. . 1) The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 2) 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:

Page 15 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes a. The zoning, uses and character of the neighborhood: The character of the surrounding area is a mixture of residential densities. The majority is zoned SF-5 Single-Family Residential on the east and south sides. The north side is zoned SF-5, but is a church. Property to the west is zoned TF-3 Two- Family Residential with and single family home. Northwest of the property is zoned MF-18 Multi- Family Residential with a quad-plex. The property is within the Delano Overlay District, which requires any significant modifications the exterior of the site to be reviewed and approved by the Design Review Committee. b. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned SF-5. The house could be occupied as a single family home. The site was previously approved for a Bed and Breakfast Inn. c. Extent to which removal of the restrictions will detrimentally affect nearby property: Group Residence, Limited is permitted within the SF-5 zoning district by Conditional Use. The facility will provide foster case to children in a home setting with resident employees. There is the presence of multi-family development in the immediate area. In addition the site has been used for other uses apart from a single-family dwelling since its construction. The provisions within the Conditions Use resolution should minimize any negative impacts to surrounding properties. d. Length of time the property has been vacant as currently zoned: The property has been unoccupied for some time. e. 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 conditions of approval for the Conditional Use. f. 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 development. 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. The range of housing densities and types includes, but is not limited to, single-family detached homes, semidetached homes, zero lot lines units, patio homes, duplexes, townhouses, apartments and multi-family units, condominiums, mobile home parks, and special residential accommodations for the elderly.

In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in 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 Places for People Plan also identifies the subject site to be within a Transition area near a neighborhood hub at Douglas Avenue and Meridian Avenue and a Regional Center at West Kellogg and Meridian Avenue by the Places for People Plan. A transition area is defined as “area necessary between the node and the edge that allows the intensity of development and uses, and mix of uses, to transition to the surrounding neighborhood context.” With nodes having higher intensity uses and edges have less intensive uses, the proposed Conditional Use for a Group Residence is appropriate for this area.

Page 16 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes g. Impact of the proposed development on community facilities: There are no anticipated significant adverse impacts on community facilities. h. Opposition or support of neighborhood residents: At the writing of this staff report, Planning staff has not received any opposition to this request.

PHILIP ZEVENBERGEN, PLANNING STAFF: presented the staff report.

WARREN: Asked about what the maximum capacity for the number of foster children the house would have?

ZEVENBERGEN: It is limited to one child per bedroom. The house would have 2 resident staff so there could only be 6 children because it is an 8 bedroom house.

KEN JANTZ, 1201 W RIVER BLVD. CONTRACT BUYER: He is a retired school district principal and teacher. He stated that there is a need for more homes for foster care children. Sometimes the placements for these children are not always stable. They can move around a lot. This facility can provide a stable home environment. Nearby is Friends University. These students could come to the facility to help tutor the foster students after school. There is the church across the street that is in support of this application. The children will be supervised at all times. The homes they come from are needy. They do not always learn how to take care of themselves. They will have that opportunity at this facility, which will improve their lives.

CLAIRE WILLENBERG, 1402 N GARLAND, AGENT FOR BUYER: Mentioned she was available to answer questions.

DOOL: Who places these children in the home?

JANTZ: DCCCA or other foster care agencies in Wichita.

CLARENCE SPONSEL, 427 S VINE: Ask how many children would be in the home and their ages? How many staff members? He wanted confirmation that the parking would be along the side of the house and in the backyard. He was concerned about the impact this facility would have on the neighborhood. He stated that it used to be a halfway house, and that this sounds like a similar situation. He stated that this facility would allow up to 6 problem children into the neighborhood. People in the neighborhood feel safe and they want to keep it that way.

WARREN: Asked Mr. Sponsel if he would be ok with a family with 6 kids moving into the house? Was his issue just with them being foster children?

SPONSEL: The problem children would be coming and going. There is the possibility of that number increasing without proper monitoring. This property has been empty for some time and it has always been the question of what is the best use for it.

J JOHNSON: These are not problem children. They just come from problem homes.

JANTZ: Stated he respects the concern of the neighbor. He stated that he owns other properties that he uses for rentals, and he is proactive in addressing concerns. Neighbors can contact him with any concerns about this property should they arise. Parking is in the driveway and the backyard. The use cannot use on- street parking. The 2 adults would have vehicles, and the children would not. The children would be school aged. He has been approached before about becoming a foster parent. A family could move in this house and have up to 4 foster kids the way it is zoned right now. This is what this house was meant for when it was built. The children will be monitored at all times. They will have bussing to and from school by the

Page 17 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes school district. They are responsible for doing their homework and helping with meals. There is a private, fenced backyard the children can use when they want to be outside. This will minimize disturbance to the neighbors.

GREENE: For the parking in the back, is it paved?

JANTZ: Yes. It is a paved 40-foot x 25-foot pad.

FOX: How is this monitored to avoid exceeding the occupancy limit?

JANTZ: There are home inspections by the foster agencies. In addition, the agencies are responsible for placing the children. They would know they cannot do more than 6.

FOX: You mentioned school-aged kids. Are there specific ages?

JANTZ: They would be from 6th grade to 18 years old. The house was not meant for younger kids.

NICK: We need more of these types of homes for foster children. I have a child that came out of a foster home. This facility fits in well with the neighborhood.

MOTION: To approve subject to staff recommendation.

FOX: The future children of this home are lucky to have neighbors who look out for the neighborhood. They need this type of support. She hopes that this home will bring a sense of joy to the neighborhood.

DOOL: Mr. Jantz is well suited for this project. It is a good use for the building. I believe that I was adopted through this home when it was the Kansas Children’s Service League.

B JOHNSON: This is a conditional use, which is more restrictive than a zone change. If there are any issues with this project down the line that violate the conditional use, it can be revoked.

NICKS moved, FOX seconded the motion, and it carried (11-0).

4.2 Case No. CUP2020-00047: City CUP Amendment to DP-169 to allow Major Utility and revise screening wall requirements on property zoned LC Limited Commercial; generally located on the southwest corner of East Pawnee Avenue and South Oliver Avenue (2423 South Oliver).

Lots 1-5 consecutive, Block 1, Spencer Gardens 2nd Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: This application is for an amendment to the Spencer Gardens Community Unit Plan (DP-169) to realign and consolidate parcels, include Major Utility as a permitted use, and revise the screening requirements. The property is zoned LC Limited Commercial and is located on the southwest corner of East Pawnee Avenue and South Oliver Avenue. The CUP permits a utility on Parcel 4. However, Evergy intends to discontinue that substation and build a larger substation on portions of what currently are Parcels 1, 2, and 3. This CUP Amendment is in conjunction with SUB2020-00051, which is a replat of the Spencer Gardens 2nd Addition. The lot lines of the current plat do not match parcel boundaries. In addition the replat will consolidate Parcels 1 through 4 on the west and north sides into a single Parcel 1 since it is under common ownership and will be one use. The remaining parcels on the east side of the CUP will become Parcels 2 and 3 respectively. The attached CUP drawing reflects parcel boundaries as they will stand after the replat.

In addition to adding a permitted use, this amendment will revise the screening requirements for the utility.

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The Unified Zoning Code requires that no solid screening fence be taller than eight feet. General Provision 10 states that a solid or semi solid screening wall shall be at least eight feet but not exceed ten feet in height and be installed on the west property line of Parcel 1. Screening is not required along the west property line as that property is also zoned commercially. The only required screening would be along a portion of the north property line where it is across the street from residentially zone property. The attached site plan shows a nine-foot stonecast wall surrounding the substation compound. General Provision 10 shall be amended to update the location of screening as shown on the site plan.

Property to the north is zoned TF-3 Two-Family Residential and LC. There are single family residences in the TF-3 zone and pawn shop in the LC zone. Property to the south is zoned LC and GC General Commercial with pawn shops and retail. Property to the east is zoned LC with a car lot, restaurant, and vacant retail space. Property to the west is zoned GC with self-storage warehousing and retail.

CASE HISTORY: In 1987, the Spencer Gardens CUP was originally approved. Since then, it has been subject to several amendments and an administrative adjustment, which redrew lot boundaries and adjusted the net land areas of various parcels. In June 1988, the Spencer Gardens 2nd Addition was recorded with the Sedgwick County Register of Deeds.

ADJACENT ZONING AND LAND USE:

North: TF-3, LC Single family residential, Pawn shop South: LC, GC Pawn shops and retail East: LC Car lot, restaurant, vacant retail West: GC Self-storage warehouse, retail

PUBLIC SERVICES: Both East Pawnee Avenue and South Oliver Avenue are paved, four-lane arterial streets with sidewalks on both sides. All public services are available to the site.

CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The 2035 Wichita Future Growth Concept map indicates the site is appropriate for “new employment” and is located within Wichita’s 2035 Established Central Area. The “new employment” classification applies to those areas that likely will develop or be redeveloped within the by 2035 with uses that constitute centers or concentrations of employment.

RECOMMENDATION: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED, subject to the following conditions:

1. The CUP drawing shall be revised to include the details of this amendment. a. General Provision 10 shall be amended to state the following: “A solid screening wall at least eight (8) feet, but not more than ten (10) feet high constructed of brick, stone,

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masonry, architectural tile, or other similar material (excluding wood or woven wire) shall be installed around the parameter of the major utility compound. b. General Provision 12 shall be amended to change the phrase “Superintendent of Central Inspection” to “Zoning Administrator.” c. A legal description of the property is required to be on the face of the of the final CUP drawing. 2. The site shall be developed in substantial conformance with the revised provisions of the approved CUP. 3. The applicant shall submit four copies of the amended and approved CUP within 60 days of final approval to the Metropolitan Area Planning Department or the amendment shall be deemed null and void.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property to the north is zoned TF-3 Two- Family Residential and LC. There are single family residences in the TF-3 zone and pawn shop in the LC zone. Property to the south is zoned LC and GC General Commercial with pawn shops and retail. Property to the east is zoned LC with a car lot, restaurant, and vacant retail space. Property to the west is zoned GC with self-storage warehousing and retail.

2. The suitability of the subject property for the uses to which it has been restricted: The subject property is currently zoned LC Limited Commercial and a major utility is already permitted within CUP DP-169.

3. Extent to which removal of the restrictions will detrimentally effect nearby property: The approval of the proposed CUP amendment should have minimal detrimental impact on nearby property.

4. Length of time the property has been vacant as currently zoned: The subject property has never been developed.

5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request will permit the improvement investment in the capacity of the utility network. Denial would presumably represent a loss of economic opportunity to the applicant and/or land owner.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The 2035 Wichita Future Growth Concept map indicates the site is appropriate for “new employment” and is located within Wichita’s 2035 Established Central Area. The “new employment” classification applies to those areas that likely will develop or be redeveloped within the by 2035 with uses that constitute centers or concentrations of employment.

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goals of the Plan for strategic investment, as a larger substation provides greater capacity to the utility network for development.

7. Impact of the proposed development on community facilities: The proposed use will have no detrimental impact on community facilities.

8. Opposition or support of neighborhood residents: At the writing of this staff report, Planning staff have not received any correspondence of opposition.

MOTION: To approve subject to staff recommendations

BLICK moved, B JOHNSON seconded the motion, and it carried (11-0).

4.3 Case No. CUP2020-00049: City CUP Amendment to Kellogg Mall CP DP-12 to modify Parcel 1 to modify allowed uses to include those that are considered as Nightclubs in the City; generally located at the northwest corner of South Rock Road and East Kellogg Drive (7700 E Kellogg).

A contiguous tract of land lying within a portion of Lot 1, Kellogg Mall Addition, Wichita, Kansas, AND ALSO, a portion of Lot 2, Rockwood South Third Addition, Wichita, Sedgwick County, Kansas,

BACKGROUND: The subject site is located in the Kellogg Mall Community Unity Plan (CUP) DP-12, which is located at the northwest corner of the intersection of East Kellogg and South Rock Road. The applicants are requesting a major amendment to Parcel 1 to allow expanded uses that are considered as “Nightclubs in the City”. The subject site is zoned LC Limited Commercial. Parcel 1 is indicated on the attached zoning map and is outlined in turquoise.

CUP DP-12 has 11 parcels and no Reserves, with a total acreage of 125 + acres, all zoned LC Limited Commercial. Parcel 1 is developed with the Towne East Mall and former Sears Automotive building (now vacant). The remainder of the parcel is required surface parking area (approximately 76.04 acres). The parcel is bounded by East Douglas Avenue with a mature landscape buffer on the north; South Rock Road on the east; East Kellogg on the south; and South Towne East Mall Drive with a scattered landscape buffer on the west.

The properties at the intersection of East Douglas Avenue and South Rock Road are zoned LC and developed as commercial and multi-residential; the properties at the intersection of East Kellogg Drive and South Rock Road are zoned LC. Directly east of the subject property is the Bonnie Brae Addition, zoned SF-5 Single-Family Residential and developed with single-family dwelling units. Property south of the subject site is approximately 300 feet of right-of-way for East Kellogg Drive and U.S Highway 54. Properties west of the subject site are zoned LC and are part of DP-12. To the west - beyond the LC zoned properties (approximately 0.1 miles) are single family and multi-family residences in the City of Eastborough. Properties northwest of the site are zoned MF-29 Multi-family residential and are developed with patio homes. Directly north of the subject site is the Rockwood subdivision, zoned SF-5 and developed with single-family residences.

The applicant is requesting the following major amendments to CUP DP-12 indicated by bold font:

Parcel 1: Total Net Area: 76.04 acres or 3,313,342 Sq. Ft. Maximum Land Covered by Building: 30%

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Uses Permitted under L.C. zoning: Regional shopping center, offices, restaurants, theaters, bowling alley, etc. per LC zoning ordinances. See general note #6. The following additional uses are permitted by right within Parcel 1: event centers in the city, where the sale of alcohol and the provision of entertainment are accessory uses. Said ancillary uses are conditioned on the following: 1) Ancillary uses are limited to the existing “Entertainment Event Venue” (arcade, bowling alley, billiards, karaoke, etc.) being located as generally depicted hereon; 2) parking for said ancillary uses is allowed by right within Parcel 1; 3) Recreation and outdoor entertainment is not permitted (Amendment CUP2020-00049 dated Jan. 21, 2021)……… Gross floor area: 1,159,320 (35%) Sq. Ft. G.L.A. Parcel 2: Total Net Area: 0.9 acres or 40,893 Sq. Ft. Gross floor area: 16,357 (40%) Sq. Ft. G.L.A. Parcel 13: Gross Area: 1.25 acres or 54,450 Sq. Ft. Maximum Land Covered by Building: 30% (16,335 Sq. Ft.)

CASE HISTORY: The original DP-12 was approved by MAPC on July 13, 1972 and the Board of County Commissioners on August 8, 1972. Amendment #14 was approved September 8, 2011.

ADJACENT ZONING AND LAND USE: North: MF-29, SF-5, LC Residential South: LC Vehicle dealerships, right-of-way West: LC General Retail, Offices East: LC, SF-5 Convenience Store, Strip Center, Single-Family dwellings

PUBLIC SERVICES: All municipal services are in place and can accommodate the required services to the site. The site has access to East Douglas Avenue (90 ft. Right-of-Way), a four-lane, paved arterial street with travel in both directions; South Rock Road (145 ft. Right-of-Way), a five-lane, paved arterial street with travel in both directions; East Kellogg Drive (90 ft. Right-of-Way), a three-lane frontage road with travel in one direction; and South Towne East Mall Drive (145 ft. Right-of-Way, a three-lane, paved local collector street.

CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the “Established Central Area. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “Residential and Employment,” encompassing areas that will likely be developed or redeveloped by 2035 with uses of a predominantly of a mixed nature. This area is immediately adjacent to a residential development area identified in the Community Investments Plan’s 2035 Wichita Future Growth Concept Map. The site is also located within the Wichita: Places for People Plan as an area of stability.

RECOMMENDATION: Based upon the information available at the time the report was prepared, staff recommends the amendment to CUP DP-12 be APPROVED subject to the development guidelines of the amended CUP and the following conditions:

A. APPROVE the Amendment to CUP DP-12, subject to the following conditions:

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1. The amendment shall apply only to Parcel 1. 2. Nightclub in the City expanded uses shall apply only to those ancillary uses associated with the existing bowling alley use in the mall structure. 3. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 4. The applicant shall submit four revised copies of the CUP and one electronic copy of the revised CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: The properties at the intersection of East Douglas Avenue and South Rock Road are zoned LC and developed as commercial and multi- residential; the properties at the intersection of East Kellogg Drive and South Rock Road are zoned LC. Directly east of the subject property is the Bonnie Brae Addition, zoned SF-5 Single-Family Residential and developed with single-family dwelling units. Property south of the subject site is approximately 300 feet of right-of-way for East Kellogg Drive and U.S Highway 54. Properties west of the subject site are zoned LC and are part of DP-12. To the west - beyond the LC zoned properties (approximately 0.1 miles) are single family and multi-family residences in the City of Eastborough. Properties northwest of the site are zoned MF-29 Multi-family residential and are developed with patio homes. Directly north of the subject site is the Rockwood subdivision, zoned SF-5 and developed with single-family residences.

2. The suitability of the subject property for the uses to which it has been restricted: The CUP is located at a major arterial intersection and is appropriately zoned “LC” Limited Commercial, except for uses for taverns and adult entertainment as defined by City Code. The major amendment request retains the LC uses requirement of the original CUP. The additional use at this site is suitable.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed CUP major amendment should not detrimentally impact nearby property owners to any greater extent than allowed in LC Limited Commercial zoning as permitted in the CUP DP-12 language. Residential development located east of the subject location is over 1,000 feet; north of the location is over 1,500 feet and west of the location is over 1,600 feet.

4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request represents a gain to the public in that it contributes to the area’s long term economic opportunity. Regional malls are having to adapt to existing retail trends and denial would presumably represent a loss in economic opportunity to the property owner or future tenants. Approval of this application is not anticipated to have a significant detrimental impact to public health, safety, or welfare.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: This project conforms to the adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the “Established Central Area. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “Residential and Employment,” encompassing areas that will likely be developed or redeveloped by 2035 with uses of a predominantly of a mixed nature. This area is immediately adjacent to a residential development area identified in the Community Investments Plan’s 2035 Wichita Future Growth Concept Map. The site is also located within the Wichita: Places for People Plan as an area of stability.

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6. Impact of the proposed development on community facilities: Existing improvements are in place to address anticipated demands.

**BLICK WAS ABSENT FOR THIS ITEM**

KATHY MORGAN, PLANNING STAFF presented the staff report. She clarified that the Night Club in the City use is ancillary to the Round One bowling alley tenant only. This will not allow a night club to open anywhere else in the mall property. If the tenant leaves, the use is not allowed to continue.

WARREN: The wording says recreation outdoors is prohibited. This means that there can be nothing outside.

HARTMAN: Has this gone before the DAB?

MORGAN: This goes to DAB February 8, 2021. This is just after the protest period ends, but we were not able to get everything scheduled before then. We have been in contact with Councilmember Tuttle and the neighborhood associations about the protest process.

MILES: Disclosed ex parte communication.

GREENE: This is being labeled as a night club because there will be entertainment like Karaoke and alcohol.

MORGAN: And that a private party can lease out space for an event.

JOEY DENEKE, MKEC ENGINEERING, 411 NORTH WEBB ROAD, AGENT FOR THE APPLICANT: In agreement with staff comments. He went through a presentation about what is being presented. Though this is an amendment to the CUP, it is more set up a like a conditional use since it is going to only apply to Round One. If they go away, the night club use will go away. This is not going to be what is traditionally thought of as a night club. This is happening because they want to bring Karaoke into the private party rooms. He encouraged all to visit the site to see that it is a family entertainment center. This is geared to for all ages. They have bowling, arcade, dining, billiards, and party rooms. What they want to bring online is having the karaoke into the party rooms. Because of the other things present, like alcohol, it requires the “night club in the city” designation in the zoning code. He presented pictures of the inside of the facility and explained the activities that are available. There is a full bar for patrons that are 21 years or older. There is a maximum capacity of 40 individuals per party room. Round One prohibits alcohol in the party rooms. Round One has taken a lot of safety measures with this facility when it come to the serving of alcohol and other house rules. They wrist band individuals who are allowed to drink alcohol. They want this to be a safe environment for everyone. They have security to ensure nothing leaves the premises into the mall. They have a curfew for various ages of individuals. This case was filed for Parcel 1, which is a large parcel including the entire mall structure. It notified over 350 owners. There has been a lot of feedback. Many individuals were concerned about the presence of a traditional night club. We worked with staff to limit this type of use to Round One with how the text of the CUP is worded. The community is concerned about crime. Round One has many security measures in place to ensure safety. Regarding noise, there is no outdoor entertainment allowed. The closest residence is over 700 feet on the other side of Rock Road. Regarding traffic, the mall has multiple businesses. The site has good access to Rock and Kellogg, which are major thoroughfares. Regarding trash, this is an indoor facility. This is a good use for the mall that can stimulate growth for other nearby businesses.

FOX: Clarified that the party rooms cannot have alcohol per the rules of Round One. People cannot have alcohol but they can sing karaoke.

GREENE: How many lanes are in the bowling alley? And for the karaoke, it looks like there is marketing

Page 24 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes for this. Access to Round One is internal through the mall? Or are there external doors?

STEVEN TAKEUCHI, ROUND ONE, 3070 SATURN STREET, BREA, CA, APPLICANT: There are 8 bowling lanes. We are advertising the karaoke, but we do not have any of the equipment to do so. This was an error we found with the PR folks. Regarding access, there is both internal and external access points.

DOOL: What activity are you looking to do that you are not currently doing that needs this designation?

MORGAN: Karaoke is considered live entertainment, which is what is triggering the night club uses. The karaoke can only be done in the party rooms and nowhere else in the facility.

STACEY MOORE, 7 NORTH ST JAMES PLACE, EASTBOROUGH, MAYOR OF EASTBOROUGH. We have no oversite of the zoning in Wichita. But as a close neighbor, we are concerned about this because we deal with a lot of enforcement with our police force. We are concerned with giving the latitude of a night club to something so close to Eastborough. We have seen other night clubs deteriorate over the time—like Club Rodeo. If the uses are being separated, why is the night club designation being given to this? This has been a stable location since the 1970’s. There was an understanding that this type of use would not be allowed. The City Council of Eastborough submitted a resolution against this.

GREENE: The reason why this zoning action is taking place is because there will be live entertainment and there is the ability to serve alcohol in other parts of the facility.

MORGAN: Reiterated that there is no alcohol in party rooms where the karaoke is allowed.

BARBARA KEIFFER, 74 SOUTH STRATFORD ROAD EASTBOROUGH: I share the concerns of the neighborhood of Eastborough. Why do the hours have to go until 2am? Is there any flexibility in the hours?

LARRY DUNTZ, PRESIDENT OF ROCKWOOD HOA, 7524 ROCKWOOD: The primary concern is the late night hours causing traffic. This may cause issues with traffic, crime, and noise. The HOA of Rockwood is about 300 homes. I represent them. Anything in Towne East is done by the time people go to bed. If you allow a use to go until 2am, this could cause issues in the neighborhood.

SAM LINDEMAN, 8001 MORNINGSIDE: I did not even realize they had a bar that was open. If the bar and the party rooms are not connected, why are we even doing this? They are separate locations.

GREENE: This has to happen because they are all under the same roof.

**The following comments were provided in the chat box of the Go-to-Meeting**

AMANDA MARINO: I was planning to speak in opposition. However, if the zoning is a described, I am not opposed.

BRETT CARLSON, 25 E HUNTINGTON, EASTBOROUGH: We had previously lodge a letter in opposition to this proposal. We are ok with the proposal of this request as it is being described as long as it does not allow additional businesses to put nightclub facilities in place without additional zoning requests and review. We also are ok with this assuming it does not allow the bowling alley to transfer the approval of a night club permit to a follow on business in their space.

****

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DENEKE: Regarding the hours of operation—these are the current hours regardless of if the karaoke is brought online. There are no other parcels in the CUP that have limitations on their hours of operation. This includes the mall itself. All of these uses are within the facility of Round One. It is like a restaurant that has a dining area and a bar area, but they are separated. To clarify, there is no alcohol permitted in the party room. This is not a typical night club use, this is just a certain designation in the zoning code. This is a family entertainment center.

HARTMAN: What is the maximum occupancy for the facility?

TAKEUCHI: The maximum occupancy is 1,082 persons.

GREENE: Can you clarify the hours of operation?

TAKEUCHI: Most of the facility is open until 2am. Right now with COVID, the hours are limited until 10 or 11pm.

GREENE: If the restrictions are lifted, do you anticipate going back to 2am? And you also have an age restriction for those hours, correct?

TAKEUCHI: That is correct.

B JOHNSON: The karaoke has to be under a night club because of the zoning code. Maybe that could be dealt with in the future to separate that out.

WARREN: This is totally different than what you think of when you hear a night club. Even if it was, one thing you look at is buffer space. There really is not a property that has more buffer space from a neighborhood than Towne East Mall. There is parking, roads, and other businesses that buffer this use.

MOTION: To approve subject to staff recommendations

B JOHNSON moved, HARTMAN seconded the motion, and it carried (10-0)

4.4 Case No. PUD2020-00013: City PUD zoning district to create PUD #81 RF Addition to allow ADUs in a traditional neighborhood development with home occupations generally located one-quarter mile east of South Rock Road and one-quarter mile south of East 31st Street South.

Lot 1, Lots 3 through 9, inclusive, Block A, TOGETHER with Lots 2 and 4, Lots 6 through 84, inclusive, Block B, TOGETHER with Lots 1 through 48, inclusive, Lots 53 through 73, inclusive, Block C, TOGETHER with Lots 1 through 17, inclusive, Block D, as platted in R.F. Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a zone change for 172 lots from SF-5 Single Family Residential and TF-3 Two Family Residential to PUD Planned Unit Development in order to create the RF Addition Planned Unit Development (PUD #81). The purpose of this PUD is to permit accessory apartments by-right on each included lot in addition to permitting non-resident employees for home occupations. The site consists of the majority of the platted, undeveloped RF Addition which is generally located one-quarter mile east of South Rock Road and one-quarter mile south of East 31st Street South. The Addition consists of 180 platted lots, but the PUD excludes 8 of the lots because those lots have already been sold to private owners. The excluded lots are shaded grey on the attached PUD drawing.

The western extent of the addition encompasses 65 lots zoned TF-3. The eastern extent has the remaining

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115 lots zoned SF-5. The Unified Zoning Code permits Accessory Apartments by Conditional Use for both the TF-3 and SF-5 zoned lots. However, lots currently zoned TF-3 could develop two dwelling in the form of a duplex on one platted lot. The lots currently zoned TF-3 would allow one non-resident employee for home occupations, but the lots currently zoned SF-5 do not allow any non-resident employees for home occupations. The applicant included the TF-3 lots so the entire subdivision would have a unified zoning classification except those lots excluded.

As stated in the PUD text, if the accessory apartments are detached from the main dwelling, they shall follow all development standards for accessory structures as stated in the Unified Zoning Code (UZC) Section III-D.7.e. In addition, the accessory apartments shall follow the standards listed under General Provision 5, which mirror the supplemental use regulations in Section III-D.6.a. Said regulations are listed below: 1. A maximum of one Accessory Apartment may be allowed on the same lot as a Single-Family Dwelling Unit and may be within the main building, within an accessory building, or constructed as an accessory building. 2. The appearance of an Accessory Apartment shall be compatible with the main dwelling unit and with the character of the neighborhood. 3. 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 structure 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. The PUD text also include special provisions for home occupations. The types of home occupation that are permitted in SF-5 and TF-3 remain standard. However, the PUD text permits one non-resident employee per zoning lot for home occupations. As usual, home occupations can be conducted out the primary dwelling, and accessory structure, or accessory apartment. Properties surrounding this location are a mix of low density residential and undeveloped/agricultural land both within the city limits of Wichita and unincorporated Sedgwick County. Property to the north is zoned TF-3, SF-20 Single Family Residential, and LC Limited Commercial. The majority of this land is undeveloped/agricultural land. There is also large-lot, single family development. Property to the east is zoned SF-20 and is agricultural land. Property to the south is zoned SF-20 Single Family Residential and is undeveloped/agricultural land. Property to the west is zoned TF-3 and LC. The TF-3 properties are within the Rocky Ford 2nd Addition and single family homes are beginning to be built. The land immediately abutting Rock Road is zoned LC and is developed with duplexes as well.

CASE HISTORY: In 2017, the western extent of the RF Addition all of the Rocky Ford 2nd Addition were rezoned to TF-3 Two Family Residential (ZON2017-00029). The RF Addition was recorded with the Register of Deed in May 2019.

ADJACENT ZONING AND LAND USE: NORTH: TF-3, SF-20, & LC Undeveloped, Single Family, Agriculture SOUTH: SF-20 Agriculture EAST: SF-20 Agriculture WEST: TF-3 & LC Two Family Residential

PUBLIC SERVICES: South Rock Road is a paved, four lane, arterial street with open ditches. The street network within the RF addition will be made up of paved, two-way local streets with sidewalks along collector streets. Municipal water and sewer are available on-site, but still need to be extended to the remainder of the lots within the addition as development occurs.

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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 a range of options from single family residential to multi-family units of varying densities.

RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to provisions of the RF Addition PUD #81 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 #81 RF 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.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties surrounding this location are a mix of low density residential and undeveloped/agricultural land both within the city limits of Wichita and unincorporated Sedgwick County. Property to the north is zoned TF-3, SF-20 Single Family Residential, and LC Limited Commercial. The majority of this land is undeveloped/agricultural land. There is also large-lot, single family development. Property to the east is zoned SF-20 and is agricultural land. Property to the south is zoned SF-20 Single Family Residential and is undeveloped/agricultural land. Property to the west is zoned TF-3 and LC. The TF-3 properties are within the Rocky Ford 2nd Addition and single family homes are beginning to be built. The land immediately abutting Rock Road is zoned LC and is developed with duplexes as well. It is the opinion of Planning staff that this zone change request is in line with the existing and planned future character of the neighborhood.

2. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned SF-5 and TF-3 which permits accessory apartments by conditional use as well as duplex development on the TF-3 zoned lots. Both zoning designations permit home occupations, but the SF-5 zoned lots are restricted to having no non-resident employees.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The intent of the PUD is to remove the barrier of requiring a conditional use in order to construct an accessory apartment. It is unlikely that all subject lots will construct accessory apartments. Currently, 65 of the lots would permit two dwellings per lot in the form of a duplex. In addition, the intent of the PUD is to provide less restrictions on home occupations without changing the types of home occupations allowed. Again, it is unlikely that each subject lot will conduct a home occupation. Therefore, governing text of the PUD should minimize any negative impacts on surrounding properties.

4. Length of time the property has been vacant as currently zoned: The property was previously agricultural land and is now beginning development of single family homes.

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 issues to the public health, safety or welfare with the governing language of the recommended PUD text.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and

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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 a range of options from single family residential to multi-family units of varying densities.

7. Impact of the proposed development on community facilities: There are no anticipated significant adverse impacts on community facilities.

8. Opposition or support of neighborhood residents: At the writing of this staff report, Planning staff has received multiple phone calls and a letter opposing this zone change application.

** BLICK RETURNED FOR THIS ITEM**

PHILIP ZEVENBERGEN, PLANNING STAFF: presented the staff report. He also mentioned that even if all subject properties are developed with accessory apartments—doubling the density—it would not violate the fire code because there are contingent street dedications on the north, east and south sides.

HARTMAN: Why is there a limited commercial strip north of this property surrounded by SF-20 zoning? And is that part of the City?

ZEVENBERGEN: It is unknown why this zoning is there. When the site visit happened, it looked like that site was undeveloped. Either way, it is not part of the area for this zoning application. That land is in the County. The dark grey on the zoning map is the Air Force Base.

WARREN: There is a landscaping business to the north on some of that land. Anyway, over the last year we have seen a lot of people working from home in an accessory building. I think this being used as a marketing tool will be seen more in the future. Does an accessory apartment trigger anything more in regards to parking? My concern is that if we put an apartment in here there will be at a minimum one more car. Would we be forcing that car to park on the street?

ZEVENBERGEN: Accessory apartments do not have an additional parking requirements. The parking requirement for single family homes are 1 space per dwelling. These homes being built have at least a 2 or 3 car garage. Counting the spaces in the garage as well as those in the driveway give the site anywhere from 4 to 6 spaces. This is 4 to 6 times greater than the parking requirement. It is hard to say what effect this will have on parking because most families do not have just one car. So it is hard to know, and it is a Lot to Lot basis.

GREENE: We received a letter that discussed whether or not these could be rented out as short term rentals? Is there anything that governs this?

ZEVENBERGEN: Regarding the zoning code, the City does not regulate whether something is owner- occupied or rented. This is best dealt with on the private agreement level through the local covenants of the HOA. I am not aware of what these specific covenants have regarding rentals. The agent for the applicant can speak to this. The covenants can restrict rentals. If they don’t restrict rentals, the covenants can be changed.

PHIL MEYER, BAUGHMAN COMPANY, 315 ELLIS, AGENT FOR THE APPLICANT: This is being viewed as a mother-in-law house. It is an option for someone buying one of these lots. The apartment would be a maximum of 600 square feet. There are 2 available floor plans that would have the apartment between the front door and the garage. There would be a courtyard in the middle. This concept is in response to changes we have seen based on COVID and more people working from home. This can be a home office.

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This could be somewhere to do home schooling. It could be used to house older relatives or a college kid. It may even be just a man cave or rec room. This is not going to be a rental. It will be for someone who is family. It is unsure how popular this idea will be or if anyone will actually choose the option. Most likely, less than 30 percent of the lots would choose this. There should be no issues related to parking since there are 4-6 available spaces onsite. Mr. Russell is working with the HOA to revise the covenants to make rentals not allowed. The lots that are currently zoned TF-3 can do this type of development today. The PUD eliminates that option by restricting everything back to SF-5 so the development is cohesive. The property was initially zone industrial, it was down zoned to TF-3, now we are downzoning again to SF-5 uses.

WARREN: What you are saying is that the HOA will be restricting this from being a rental property. It will be used by the owner for family members.

MEYER: Mr. Russell is revising the restrictive covenants to restrict rentals. Then the HOA will have to approve them.

WARREN: Can we make this a condition of approval?

JEFF VANZANDT, ASSISTANT CITY ATTORNEY: The changes to the covenants are subject to the approval of the HOA.A condition based on the approval of a 3rd party really makes it difficult for us to enforce it. The developer has the right to put restrictions on the properties. If the HOA is not turned over to the residents within the development, then this is the same person as the developer, which makes the approval easy.

MEYER: Yes, the control of the HOA has been turned over to the residents. If the residents are concerned about rentals, then the HOA should easily approve the changes.

VANZANDT: There is little that we can do regarding the PUD because the covenants are private agreements.

GREENE: And as it has been stated, this does not change the zoning requirements that we are reviewing today.

REBECCA JOHNSON, 3707 S WEBB RD: She owns the farmland south of the development. She has a problem with the possibility of more people. The current owners have already trespassed on her land. During development, there was drainage onto her property that destroyed 7 acres of hay. This affects her greatly. There should be some wall to screen the noise, people, and trash from her property. There should be a buffer from land in the city and those who want to live in the country.

SHIRLEY MURRY, 3632 S ROCK RD: She affirms that what happened to Ms. Johnson also has happened to her. There was drainage into their pond which killed fish. There is trash blown onto her property. There needs to be a barrier. She does not want to be responsible for any potential accidents that may happen to people if they trespass. She is concerned about the hedgerow on the south property line of the development. Will it stay?

MEYER: The drainage issue was most likely during construction. These are construction issues that won’t continue. There is no screening requirements because all zoning is residential.

WARREN: It was stated that there is no requirement for screening, but the developer has a responsibility to not have trash or drainage affect neighboring properties.

MEYER: He agrees. He will relay this information to the developer. The HOA can issue a letter to the residents to not trespass on the neighboring properties.

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GREENE: Regarding the hedgerow, is there the intent to keep it?

MEYER: Yes. There is also one on the northeast side. They are seen as amenities.

FOX: Regarding trash, will the HOA be responsible to maintain the hedgerow because that can be a big trash collector?

MEYER: Trash and drainage from pumping were construction issues. What happened is still wrong and inappropriate. He will talk with the developer and the City regarding better regulations so future development is not a nuisance.

MOTION: To approve subject to staff recommendations.

HARTMAN moved, B JOHNSON seconded the motion, and it carried (11-0)

4.5 Case No. PUD2020-00014: City PUD zoning district to create PUD #82 Falcon Falls Addition to allow ADUs in a traditional neighborhood development with home occupations; generally located one- half mile west of North Hillside Avenue on the north side of East 45th Street North

DEFERRED

4.6 Case No. ZON2020-00047: City zone change from SF-5 to TF-3 located immediately south of a parcel addressed as 4929 W Douglas; generally located south of the parcel located on the southeast corner of W Douglas Avenue and S Clara Street.

South 127 feet of Lot 4, Block B, Westbreeze Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant/owner is requesting the rezoning of a portion of Lot 4, Block B, Westbreeze 2nd Addition, generally located southeast of West Douglas Avenue and North Clara Street, from Single-Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The applicant desires to construct duplexes on the property.

The subject property is approximately 12,350 square feet, (130-feet wide by 95-feet deep). Property development standards in the TF-3 zoning district require a minimum lot area of 3,000 square feet per dwelling unit for duplexes, a minimum lot width of 35 feet, a minimum front setback of 25 feet, a minimum rear setback of 20 feet, and minimum interior side setbacks of six feet. The maximum height in this zoning district is 35 feet.

The surrounding properties are zoned SF-5 and are developed with single-family residences. There are TF-3 zoned lots within a 475-foot radius of the property. There are LC Limited Commercial zoned lots located one and one-half block east of the subject property at the intersection of West Douglas Avenue and South Anna Street.

CASE HISTORY: On November 8, 1949, the subject site was platted as part of Westbreeze 2nd Addition. No other zoning cases are associated with this property.

ADJACENT ZONING AND LAND USE:

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NORTH: SF-5 Single-family residences SOUTH: SF-5 Single-family residences EAST: SF-5 Single-family residences WEST: SF-5 Single-family residences

PUBLIC SERVICES: The site has access to South Clara Street, an unpaved local street with a 60- foot right-of-way. The site is served by all municipal services.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, identifies the area in which the site is located Established Central Area. The site is located within the urban infill strategy area Wichita: Places for People plan, where residential development is encouraged. The uses envisioned for redevelopment in this area include duplexes. The Community Investments Plan identifies the property as appropriate for residential and defines residential as a variety of housing types including duplexes.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, with a Protective Overlay #360 as follows:

1. The following conditions shall apply to ZON2020-00047: a. Garages. The garage face shall occupy no more than 50 percent of the ground-level façade facing the street and may not project more than five feet in front of the main facade. b. Entrances. Pedestrian scaled entry shall be a prominent feature of the front elevation. Front doors shall be oriented to the street in front of the units. c. Architectural Variety. Developments shall achieve architectural variety by accommodating a variety of architectural styles that are compatible or consistent with the surrounding neighborhood, variation of the same architectural style, and through the use of multiple design elements. Duplicative house designs adjacent to each other are highly discouraged. Simple reverse configurations of the same house design on adjacent lots are not sufficient to meet this standard. d. Windows and Transparency. Transparent windows and/or doors facing the street are required. To meet this requirement, at least 10 percent of the façade must be transparent. The façade is measured from the base of the house to the start of the roofline and any other vertical walls facing the street, except for gabled portions of the facade not containing livable floor area. Garages facing the street shall count as part of the façade. e. Roof Design. Roofs shall have variation in roof planes in order to break up the large roof mass through dormers, gables, or changes in elevation. Roof forms and roof pitches of porches, dormers and garages shall be consistent and complement the building style within the neighborhood. f. Siding materials. Siding materials shall be appropriate to the architectural style of the structure. Traditional materials consistent with the neighborhood architectural styles are encouraged such as wood, masonry and brick. Siding materials and window trim should be consistent on all sides of the structures. g. HVAC. HVAC units shall be located away from the front of the buildings and screened from public view through landscaping and/or screen walls. 2. The parking area shall not cover more than 50% of the front yard and trash dumpsters shall not be permitted in front of the duplex building. 3. A site plan shall be approved by the Director of Planning before any building permits are issued. 4. Prior to publishing the ordinance establishing the zone change, the applicants shall record a document with the Register of Deeds indicating that this tract includes special conditions for development on this property.

This recommendation is based on the following findings:

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1. The zoning, uses and character of the neighborhood: The surrounding properties are zoned SF-5 and are developed with single-family residences. There are TF-3 zoned lots within a 475- foot radius of the property. There are LC Limited Commercial zoned lots located one and one- half block east of the subject property at the intersection of West Douglas Avenue and South Anna Street.

2. The suitability of the subject property for the uses to which it has been restricted: The property is presently zoned SF-5 Single Family Residential and the property could be developed with a new single-family dwelling.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Most platted subdivisions that were platted prior to 1950s are predominantly single-family residences and duplexes. Because of the similarity of residential use, the UZC does not require screening between SF-5 and TF-3 zoning districts.

4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Community Investments Plan, identifies the area in which the site is located Established Central Area. The site is located within the urban infill strategy area, where residential development is encouraged. The uses envisioned for redevelopment in this area include duplexes. The Community Investments Plan identifies the property as appropriate for residential and defines residential as a variety of housing types including duplexes.

5. Impact of the proposed development on community facilities: Development of the property would not have any impact on community facilities or resources. On-site parking will be required for the new development. All public improvements are available to serve the property.

MOTION: To approve subject to staff recommendations

BLICK moved, B JOHNSON seconded the motion, and it carried (11-0).

4.7 Case No. ZON2020-00049: County zone change from RR Rural Residential to SF-5 to allow residence to be rebuilt on 0.18 acres in the unincorporated area of Sedgwick County; generally located southwest of East 109th Street North and North 111th Street East (403 E 4th Street, Valley Center {Furley})

West 40 feet of Lots 1, -6 consecutive and ½ vacated alley adjacent on the west and on the south, Block 11, City of Furley

BACKGROUND: The applicant is requesting the rezoning of this 0.18-acre property, located southwest of East 109th Street North and North 111th Street East, from RR Rural Residential to SF-5 Single Family. The Applicant desires to tear down the existing home and rebuild. At 8,000 square feet, the lot size does not conform to the RR Property Development Standards in the Zoning Code. The rezoning to SF-5 is required in order to rebuild on a lot less than 10,000 square feet.

The surrounding properties to the north, south, east and west are developed with residential homes, all on property zoned RR Rural Residential.

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CASE HISTORY: On May 20, 1887, the subject property was platted as a portion of Block 11, Furley Addition.

ADJACENT ZONING AND LAND USE: NORTH: RR single-family residential SOUTH: RR single-family residential EAST: RR single-family residential WEST: RR single-family residential

PUBLIC SERVICES: East 4th Street is a paved, local road with an 80-foot right-of-way. Water is available to the site via Sedgwick County RWD No. 1. There are no public sewer facilities on the property and an alternative sewer system will be required.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “Rural” on the Future Growth Map Concept Map. This category is described as follows: “This category encompasses land outside the 2035 urban growth areas for Wichita and the small cities. Agricultural uses, rural-based businesses, and larger lot residential exurban subdivisions likely will be developed in this area. Such development should occur in accordance with the Urban Fringe Development Standards for Wichita and Sedgwick County.” While no specific future development of this area is envisioned, the overall intent of the Plan for these areas is to recognize and support the existing uses in the area. This request is in compliance with the Comprehensive Plan.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, as submitted. This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: The surrounding properties to the north, south, east and west are developed with residential homes, all on property zoned RR Rural Residential.

2. The suitability of the subject property for the uses to which it has been restricted: The property is presently zoned RR Rural Residential, which permits residential development but with a larger minimum lot size requirement. The location is capable of supporting the smaller lot size and a home currently exists on the lot; therefore, the rezoning is appropriate and acceptable under the development standards of the County.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed SF-5 zoning is unlikely to detrimentally affect nearby properties.

4. Length of time the property has been vacant as currently zoned: The property has been improved with an existing single-family home.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “Rural” on the Future Growth Map Concept Map. This category is described as follows: “This category encompasses land outside the 2035 urban growth areas for Wichita and the small cities. Agricultural uses, rural-based businesses, and larger lot residential exurban subdivisions likely will be developed in this area. Such development should occur in accordance with the Urban Fringe Development Standards for Wichita and Sedgwick County.” While no specific future development of this area is envisioned, the overall intent of the Plan for these areas is to recognize and support the existing uses in the area. This request is in compliance with the Comprehensive Plan.

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6. Relative gain to the public health, safety, and welfare by the destruction of the value of plaintiff's property as compared to the hardship imposed upon the individual landowner: The proposed change is not expected to result in any significant adverse effects related to public health, safety or welfare.

7. Impact of the proposed development on community facilities: Development of the property is not expected to have any significant adverse impacts on community facilities or resources. The transportation system is adequate to support the proposed development and many of the supporting utilities will be provided on site.

MATTHEW WILLIAMS, PLANNING STAFF presented the staff report. Spoke of a neighbor who requested the site be surveyed because they believe there is an encroachment onto their property.

ROBERT BRUNN, 10626 E 4TH STREET, FURLEY, AGENT: Agrees with staff comments. There is a question about the location of the garage and if it is on the neighboring property. I intend to have the property surveyed before building the new house.

FOX: If the survey finds that the garage is on the adjacent property, do you plan to remove and relocate the garage too?

BRUNN: The plan is to replace the house. It is unlivable.

FOX: Is the attached garage the one that is in question regarding encroaching on the neighbor’s property?

BRUNN: That is correct.

TYLER SPARKS, 10835 E 4TH STREET, FURLEY. This is east of the subject lot. He is concerned about if the applicant will be asking for help with the survey. There is a tree that is right next to the driveway and it is unknown if it is on my property or not. Is the applicant going to be wanting me to pay half for the survey? I don’t have the means to do so.

BRUNN: He is covering the survey cost. He is curious as to where the property lines are as well. He has already contact a survey company. The full cost will be his. If the tree is on his property he would maybe trim it up, but not remove it. If it is not on his property, than any maintenance is not his responsibility.

MOTION: To approve subject to staff recommendations.

HARTMAN moved, FOX seconded the motion, and it carried (11-0)

4.8 Case No. ZON2020-00050: City zone change from SF-5 Single Family Residential to TF-3 Two Family Residential; generally located 1800 feet east of North Hydraulic Avenue, 2500 feet south of East 21st Street North

Lots 84, 86, 88, and 90 on Campbell, now Madison Avenue, Stout’s Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant/owner is requesting the rezoning of two parcels from SF-5 Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The parcels are generally located 1,800 feet east of North Hydraulic Avenue and 2,500 feet south of East 21st Street North. More specifically, they are located on the west side of North Madison Avenue, just north of East 17th Street North. The subject properties are currently vacant and overgrown with vegetation. Both properties are

Page 35 of 40 January 21, 2021 Metropolitan Area Planning Commission Minutes at least 6,500 square feet in area with 50 linear feet of frontage respectively along North Madison Avenue. The Unified Zoning Code (UZC) requires a minimum of 6,000 square feet per duplex building in TF-3 zoning. The TF-3 zoning district requires a 25-foot front setback, a 20-foot rear setback, and a six-foot interior side setback for lots 6,000 square feet or greater.

The establishment of duplexes as infill on vacant lots within the Established Central Area (ECA) of Wichita is consistent with the Comprehensive Plan and the Places for People Plan. The Places for People Plan recommends that infill in the ECA be designed to be more compatible with the surrounding neighborhood. MAPD staff recommend using a Protective Overlay to accomplish this. The Protective Overlay recommended for this rezoning is consistent with those applied to similar rezonings in the ECA.

Properties to the north, west and south are zoned SF-5 with single family homes. Property to the east is zoned TF-3 but developed with single family homes. There is one property southeast of the subject property, fronting East 17th Street that is zoned GO General Office and is a vacant office space.

CASE HISTORY: In 1965, the southern parcel was denied a variance (BZA38-65) to permit parking for trash trucks in Single Family zoning. In April 1887, the parcels were platted as Lots 84, 86, 88, and 90, Campbell Street (now Madison Avenue), in the Stouts Addition.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family residences SOUTH: SF-5 Single-family residences EAST: TF-3 Single-family residences WEST: SF-5 Vacant

PUBLIC SERVICES: North Madison Avenue is a paved, two-way local street with no sidewalks. Water and sewer utilities are available to the site.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, identifies the area in which the site is located Established Central Area. The site is located within the urban infill strategy area, where residential development is encouraged. The uses envisioned for redevelopment in this area include duplexes. The Community Investments Plan identifies the property as appropriate for residential and defines residential as a variety of housing types including duplexes.

The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. Furthermore, 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.” Development such as this, with the recommended design requirements, aligns with the goals of the Plan for strategic investment.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, with a Protective Overlay #359 as follows:

3. The following conditions shall apply to ZON2020-00050: a. Garages. The garage face shall occupy no more than 50 percent of the ground-level façade facing the street and may not project more than five feet in front of the main facade.

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b. Entrances. Pedestrian scaled entry shall be a prominent feature of the front elevation. Front doors shall be oriented to the street in front of the units. c. Architectural Variety. Developments shall achieve architectural variety by accommodating a variety of architectural styles that are compatible or consistent with the surrounding neighborhood, variation of the same architectural style, and through the use of multiple design elements. Duplicative house designs adjacent to each other are highly discouraged. Simple reverse configurations of the same house design on adjacent lots are not sufficient to meet this standard. d. Windows and Transparency. Transparent windows and/or doors facing the street are required. To meet this requirement, at least 10 percent of the façade must be transparent. The façade is measured from the base of the house to the start of the roofline and any other vertical walls facing the street, except for gabled portions of the facade not containing livable floor area. Garages facing the street shall count as part of the façade. e. Roof Design. Roofs shall have variation in roof planes in order to break up the large roof mass through dormers, gables, or changes in elevation. Roof forms and roof pitches of porches, dormers and garages shall be consistent and complement the building style within the neighborhood. f. Siding materials. Siding materials shall be appropriate to the architectural style of the structure. Traditional materials consistent with the neighborhood architectural styles are encouraged such as wood, masonry and brick. Siding materials and window trim should be consistent on all sides of the structures. g. HVAC. HVAC units shall be located away from the front of the buildings and screened from public view through landscaping and/or screen walls.

4. The parking area shall not cover more than 50% of the front yard and trash dumpsters shall not be permitted in front of the duplex building. 5. A site plan shall be approved by the Director of Planning before any building permits are issued. 6. Prior to publishing the ordinance establishing the zone change, the applicants shall record a document with the Register of Deeds indicating that this tract includes special conditions for development on this property.

1. The zoning, uses and character of the neighborhood: Surrounding properties have a mixture of SF-5 and TF-3 zoning, but are all single family homes. There is one property fronting East 17th Street that is zoned GO General Office and is a vacant office space. It is the opinion of Planning staff that the zone change is in character with the future development of the neighborhood.

4. Length of time the property has been vacant as currently zoned: These lots have been vacant for some time.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Community Investments Plan, identifies the area

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in which the site is located Established Central Area. The site is located within the urban infill strategy area, where residential development is encouraged. The uses envisioned for redevelopment in this area include duplexes. The Community Investments Plan identifies the property as appropriate for residential and defines residential as a variety of housing types including duplexes.

The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. Furthermore, 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.

6. Impact of the proposed development on community facilities: Development of the property would not have any impact on community facilities or resources.

MOTION: To approve subject to staff recommendations

BLICK moved, B JOHNSON seconded the motion, and it carried (11-0).

4.9 Case No. ZON2020-00051: City zone change from SF-5 Single Family Residential to TF-3 Two Family Residential on property; generally located 975 feet north of West 55th Street South, on the west side of South Seneca Street.

North 328.8 feet of the East half of the Southeast Quarter of the Southeast Quarter of Section 19, Township 28 South, Range 1 East of the 6th P.M. Sedgwick County, Kansas, except the East 40 feet for Street.

BACKGROUND: The applicant/owner is requesting the rezoning of approximately 4.72 acres from SF- 5 Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3); generally located approximately 975 feet north of West 55th Street South on the west side of South Seneca Street. The subject property is currently undeveloped.

Properties north of the subject site is are the South Lakes Park and single-family residences. Property to the east is zoned SF-5 and is a single-family residential subdivision. Property south of the site is zoned TF- 3 and is developed with duplexes. Property west of the subject site is zoned SF-5 and is developed with single-family residences.

CASE HISTORY: The subject site is will be platted upon the approval of the zone change to TF-3. No other cases are associated with this site.

ADJACENT ZONING AND LAND USE:

NORTH: SF-5 South Lakes Park, Single-Family residences SOUTH: TF-3 Duplexes, Southern Shores Addition EAST: SF-5 Single-family residential subdivision WEST: SF-5 Single-Family residences

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PUBLIC SERVICES: South Seneca Street is a paved, four-lane arterial street with a 90-foot right-of- way and sidewalks on both sides of the street. Property access points to South Meridian Avenue will be determined at the time of platting. Water and Sewer Utilities are available to be extended to the site.

The subject site is also located within the South Wichita/Haysville area plan, which supports a wide range of residential development is this area.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, as submitted.

1. The zoning, uses and character of the neighborhood: Properties north of the subject site is are the South Lakes Park and single-family residences. Property to the east is zoned SF-5 and is a single-family residential subdivision. Property south of the site is zoned TF-3 and is developed with duplexes. Property west of the subject site is zoned SF-5 and is developed with single-family residences. This project is in character with the surrounding uses.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The re-zoning of the parcel to TF-3 will not detrimentally affect nearby properties. The TF-3 zoning is an expansion of the TF-3 zoning immediately south of the subject property and will provide a buffer for the MH zoning on the east property line.

4. Length of time the property has been vacant as currently zoned: This property has been agricultural land at least since 1938.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map identifies the area as appropriate for “Residential” with a variety of housing types and densities. This area will likely be developed or redeveloped by 2035 with residential uses. The subject site is also located within the South Wichita/Haysville area plan, which supports a wide range of residential development is this area.

6. Impact of the proposed development on community facilities: Development of the property would not have any impact on community facilities or resources. All public improvements are available to be extended to serve the property.

MOTION: To approve subject to staff recommendations

BLICK moved, B JOHNSON seconded the motion, and it carried (11-0).

4.10 Case No. ZON2020-00052: City zone change from SF-5 Single Family Residential to TF-3 Two- Family Residential; generally located 2300 feet south of West MacArthur Road on the east side of South Meridian Avenue.

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The South 20 acres of the Southwest Quarter of the Northwest Quarter of Section 18, T28s, R1E of the 6th P.M., Sedgwick County, Kansas, except the west 460.00 fee thereof.

BACKGROUND: The applicant/owner is requesting the rezoning of approximately 13.04 acres from SF- 5 Single Family Residential (SF-5) to TF-3 Two Family Residential (TF-3); generally located on the east side of South Meridian Avenue approximately one-half mile south of West MacArthur Road. The subject property is currently undeveloped.

Property north of the subject site is a recreation and entertainment venue that includes both indoor and outdoor activities. Properties to the east and south are zoned MH Manufactured Housing district and is developed with mobile homes. Properties west of the subject site are zoned SF-20 Single-Family Residential with farming and ranching uses and outbuildings.

CASE HISTORY: The subject site is will be platted upon the approval of the zone change to TF-3. No other cases are associated with this site.

ADJACENT ZONING AND LAND USE:

NORTH: PUD Recreation and entertainment, indoor and outdoor SOUTH: MF Manufactured Home Park Woodlands Addition EAST: MF Manufactured Home Park Twin Oaks Addition WEST: SF-20 Single-Family on large lot with agricultural and ranching uses

PUBLIC SERVICES: South Meridian Avenue is a paved, five-lane arterial street with a dedicated center turn lane, with a 100-foot right-of-way. Property access points to South Meridian Avenue will be determined at the time of platting. Water and Sewer Utilities are available to be extended to the site.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map identifies the area as appropriate for “Residential” with a variety of housing types and densities. This area will likely be developed or redeveloped by 2035 with residential uses. The subject site is also located within the South Wichita/Haysville area plan, which supports a wide range of residential development is this area.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, as submitted.

1. The zoning, uses and character of the neighborhood: Property north of the subject site is a recreation and entertainment venue that includes both indoor and outdoor activities. Properties to the east and south are zoned MH Manufactured Housing district and is developed with mobile homes. Properties west of the subject site are zoned SF-20 Single-Family Residential with farming and ranching uses and outbuildings.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The re-zoning of the parcel to TF-3 will not detrimentally affect nearby properties. The TF-3 zoning will provide a buffer between MH and SF-20 zoning districts

4. Length of time the property has been vacant as currently zoned: This property has been agricultural land at least since 1938.

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MOTION: To approve subject to staff recommendations

BLICK moved, B JOHNSON seconded the motion, and it carried (11-0).

5. NON-PUBLIC HEARING ITEMS

6. Other Matters/Adjournment

Planning Commission adjourned.

State of Kansas )

Sedgwick County ) SS

I, Scott Wadle, Secretary of the Wichita-Sedgwick County Metropolitan Area Planning Commission, do hereby certify that the foregoing copy of the minutes of the meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission, held on , is a true and correct copy of the minutes officially approved by such Commission.

Given under my hand and official seal this ______day of ______, 2020.

______Scott Wadle, Secretary Wichita-Sedgwick County Metropolitan Area Planning Commission

AGENDA ITEM NO. 4.1

STAFF REPORT MAPC February 4, 2021

CASE NUMBER: CON2020-00039

APPLICANT/AGENT: Simpson Dirt Construction LLC, Michael Bryan Simpson (applicant/ owner)

REQUEST: County Conditional Use to permit a Rock Crusher and Resulting Materials Recycling business

CURRENT ZONING: LI Limited Industrial

SITE SIZE: 2.1 acres

LOCATION: Generally located 1,000 feet South of West MacArthur Road and within one-half Mile West of South West Street on the east side of the Mitch Mitchell Floodway – BoCC 2

PROPOSED USE: Rock Crusher to be used for recycling and processing concrete/rock and asphalt

Metropolitan Area Planning Commission Page 1 CON2020-39

BACKGROUND: The applicant is requesting a “rock crusher” on the 2.1 acres, unplatted LI Limited Industrial zoned county tract located 1,000 feet South of West MacArthur Road and within one-half Mile West of South West Street on the east side of the Mitch Mitchell Floodway. The Unified Zoning Code (UZC) requires a Conditional Use be approved for a rock crusher in all zoning districts; UZC, Sec.III.D. The applicant proposes to crush only concrete/rock and asphalt from their company’s demolition projects and re-use the resulting materials in their construction projects.

The applicant has indicated that they intend to operate the “rock crusher” activates on the subject site only during daylight hours, two – to – five weeks per year, Monday – Friday with Saturday optional depending on demand. The applicant has indicated the stock piles will be no more than 30 feet tall. The applicant, Simpson Dirt & Construction, has also indicated that they will only hire rock crushing companies that have permits issued by the Kansas Department of Health and Environment (KDHE). The company will also be required to have an air permit from KDHE to operate it in the State of Kansas and the equipment will be subject to EPA Regulation 40 CFR 60, Subpart 000 NSPS for Nonmetallic Mineral Processing Plants.

Properties east and south the subject site are zoned LI Limited Industrial. A row of trees / hedgerow provides screening along the length of the applicant’s entire east property line. Property to the north of the proposed rock crushing and recycling site is zoned LI, which has the Simpson Dirt & Construction office and storage of construction equipment. The Mitch Mitchell Floodway borders the west boundary of the subject site. Northeast of the subject site is LI zoning, which is agricultural land developed with a farmhouse and farm outbuildings.

CASE HISTORY: The property is unplatted.

ADJACENT ZONING AND LAND USE: NORTH: LI and MacArthur R-O-W Construction Office, Agricultural land with residence and farm buildings SOUTH: LI Broad Street Industrial Park under development EAST: LI Broad Street Industrial Park under development WEST: R-O-W Mitch Mitchell Floodway

PUBLIC SERVICES: The site currently has access onto West MacArthur Road, a paved two-lane arterial street with travel in both directions. MacArthur Road has wide all-weather surface shoulders and the right- of-way is 135 feet where the entrance to the property is located. The site has access to municipal sewer and water utilities.

CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, shows the site to be located in the City of Wichita’s “2035 Urban Growth Area” and the “2035 Wichita Future Growth Map” depicts the site as “residential and employment mix.” Continued limited industrial use for this area is in compliance with the Community Investments Plan.

RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions:

A. The activity will be limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday. 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. All rock crushing operations and material storage shall take place within the designated site plan area, unless an adjusted site plan is approved by the Director of Planning. C. Prior to rock crushing operations, the applicant (or applicant’s hired rock crushing company) shall

Metropolitan Area Planning Commission Page 2 CON2020-39 get an air permit from KDHE to operate in the State of Kansas and that the equipment will be subject to EPA Regulation 40 CFR 60, Subpart 000 NSPS for Nonmetallic Mineral Processing Plants. D. Rock crushing operations on the site shall not create dust which travels on to surrounding properties and shall undertake actions to mitigate/prevent the creation of dust. E. All vehicular drives on the site, work and parking areas shall be surfaced with an all-weather material, which may include crushed rock, to minimize dust on the site. A water truck will be kept onsite and shall be used to control dust on the site. F. Access to the site will be from the current drive located on West MacArthur Road. G. 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.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties east and south the subject site are zoned LI Limited Industrial. A tree hedgerow provides screening along the length of the applicant’s entire east property line. Property to the north of the proposed rock crushing and recycling site is zoned LI, which has the Simpson Dirt & Construction office and storage of construction equipment. The Mitch Mitchell Floodway borders the west boundary of the subject site. Northeast of the subject site is LI zoning, which is agricultural land developed with a farmhouse and farm outbuildings. The location of the rock crushing activity is an appropriate use for this site.

2. The suitability of the subject property for the uses to which it has been restricted: The area is currently zoned Limited Industrial. The proximity of residential developments are 0.2 miles north and south of the subject site, and one-half mile east and west of the site.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The rock crushing and recycling operation will not be operated more than 35 days out of the calendar year. Potential negative impacts such as dust, noise and traffic will be mitigated by the conditions placed on the conditional use.

4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, shows the site to be located in the City of Wichita’s “2035 Urban Growth Area” and the “2035 Wichita Future Growth Map” depicts the site as “residential and employment mix.” Although the proposed use does not conform to the Community Investments Plan, continued limited industrial use for this area is in compliance with the established business/ industrial uses in this location.

5. Impact of the proposed development on community facilities: The existing municipal services can accommodate the demand on facilities required by the rock crushing operation. Traffic will minimally increase during the operation time period.

Attachments: Zoning Map, Aerial Map and Site Plan

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AGENDA ITEM NO. 4.2 STAFF REPORT MAPC February 4, 2021 DAB I February 1, 2021

CASE NUMBER: CON2020-00041

APPLICANT/AGENT: Carmen Maria Lopez Rosales, Connie’s Mexico Café (owner/applicant) Carmen Garcia (Agent)

REQUEST: Conditional Use to build ancillary, off-street parking for a restaurant at 2227 North Broadway Avenue.

CURRENT ZONING: B Multi-Family Residential

SITE SIZE: 0.33 acre

LOCATION: One block west of North Broadway Avenue and within one block north of East 21st Street North.

PROPOSED USE: Ancillary off-street parking for Connie Mexico Café

BACKGROUND: The applicant requests a Conditional Use to build ancillary, off-street parking for Connies Mexico Cafe in B Multi-Family Residential across an alleyway for a GC General Commercial use located at 2227 North Broadway Avenue. The site for the parking lot is generally located one block west of North Broadway Avenue and within one block north of East 21st Street North. The 0.33 acre site is a vacant lot located on the east side of North Market Street. The lot has been vacant for several decades. The applicant has indicated that the need for the parking has arisen because the restaurant would like to construct an outdoor patio onto the existing restaurant property and would eliminate some of their existing required parking spaces.

The request for the conditional use is for platted even Lots 10 through 20 and a portion of Lot 22, Block 1 of the Highland Addition. However, the attached site plan shows that the initial parking lot will only encompass the eastern half of even Lots 12 through 18. By applying the conditional use to the full extent of their property, this allows the applicant to expand the parking lot in the future with only needing site plan approval. Access to the parking lot will be via Broadway, through the current restaurant parking lot. The current alley is gravel, which will need to be paved to City standards for that portion abutting the subject property. If the parking lot expands in the future, there are existing paved driveways onto North Market Street that can be used for access.

Currently, the restaurant has 100 seats. The proposed outdoor patio will include 24 additional seats. The Unified Zoning Code requires one parking space per three seats in the restaurant. For the patio, no additional parking is required for the first 16 seats. Therefore, the remaining eight seats need to be accounded for with the 100 inside the restaurant for their off-street parking requirement. When the patio is complete, they will be required to provide 36 parking spaces. The existing parking lot has 21 spaces and the propsed parking lot has 19 spaces, which equates to 40 total parking spaces. As long as the construction of the patio does not remove more than four spaces from their existing parking lot, they will be in compliance with the parking standard. If it does, they will need to provide additional parking in the proposed parking lot or purusing an administrative adjustemnt to reduce the required parking.

Properties located to the north, west, and south of the subject site are zoned B and developed with single-family residences. Properties located east of the subject site are zoned GC General Commercial and are developed with parking lot and restaurant uses.

B zoned property may be used for ancillary parking subject to Sec. III –D.6.p (1-10) of the Unified Zoning Code (UZC). Ancillary Parking Areas approved as Conditional Uses in any Zoning District – RR through NO shall be subject to the following minimum standards. 1. Location. The Ancillary Parking Area shall be within 600 feet (along lines of public access) from the boundary of the Use for which Parking is provided. 2. Use. The Ancillary Parking Area shall be used for Passenger Vehicles only and in no case shall it be used for sales, repair work, or the storage, dismantling or servicing of any Vehicles, equipment, materials or supplies. 3. Setbacks. Parking and circulation aisles shall not be located within a required Front Yard. Entrance/exit drives may cross the required Front Yard. 4. Paving. The Ancillary Parking Area and all entrance/exit drives on private property shall be surfaced with concrete, asphaltic concrete, asphalt or any other comparable hard surfacing material that meets the approval of the Planning Commission, and shall be maintained in good condition and free of all weeds, trash and other debris. 5. Layout. Ancillary Parking Areas shall be designed in accordance with applicable City and County standards, including the City Public Works Department's Typical Standards for Off-Street Parking. Parking Spaces shall have adequate guards to prevent extension or overhanging of Vehicles beyond the property lines or Parking Spaces. Adequate markings for channelization and movement of Vehicles shall be provided. 6. Screening and Landscaping. At a minimum, Screening shall be provided in accordance with Sec. IV-B of this Code. Landscaping shall be provided in accordance with any applicable Landscape Ordinances or resolutions but shall, at a minimum, include sufficient numbers of trees, shrubs, and ground covers within

CON2020 -00041 Metropolitan Area Planning Commission Page 2 the required Front Yard Setback to maintain the residential appearance of the block in which the Ancillary Parking Area is located. 7. Lighting. If lighting facilities are provided, the lighting shall be in compliance with the lighting requirements of Sec. IV-B.4 8. Signs. Only such Signs as are necessary for the proper operation of the Ancillary Parking Area shall be permitted. 9. Parking fees prohibited. In no case shall a fee be charged for parking facilities provided hereunder. 10. Additional requirements. The Planning Commission may establish additional conditions if determined necessary in order to protect adjacent property Owners and the public interest.

B Multi-Family zoning does not permit parking within the 20-foot front setback Market Street. The front setback can be use as the space to provide the required landscaped street yard. As required by the Wichita Landscape Ordinance, with an average lot depth of 145 feet and a linear frontage of 168 feet along Market, the applicant is required to provide 1,344 square feet of a landscaped street yard. This will require a minimum of three shade trees or six ornamental trees. Because the intended use is a parking lot, parking lot screening with landscaping is also required along Market Street. Regarding screening: at a minimum, the property shall have a six-foot solid-screening fence along the side property lines. In addition to the screening fence, the Wichita Landscape Ordinance requires one shade tree per 40 linear feet for a landscape buffer for non-residential uses abutting residential zoning. Existing trees can be used for the landscape buffer. The rear property lines does not require any screening as the zoning across the alley is commercial.

CASE HISTORY: The subject property is located in Highland Addition, which was platted in May 1886. No case history is associated with the site.

ADJACENT ZONING AND LAND USE: NORTH: B Single-Family residences SOUTH: B Single-Family residences EAST: GC Commercial Uses and parking lots WEST: B Single-Family residences

PUBLIC SERVICES: The property is serviced by all publicly supplied municipal services. North Broadway is a paved, four-lane arterial with a sidewalk on the west side. The alleyway is gravel and shall be improved to City standards at the applicant’s expense. North Market is a brick-paved, two way, local street with sidewalks on both sides. Access to the ancillary parking will be from North Broadway, through the current restaurant parking lot.

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 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.” Given the proximity of residential uses surrounding commercial uses located along North Broadway Avenue and 21st Street North, and as presently zoned, the property could be developed as with an apartment complex with associated parking, ancillary off-street parking for an existing restaurant is consistent with this designation.

In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as Regional Center by the Places for People Plan. A Regional Center is defined as “a large commercial or mixed use center in excess of 200,000 square feet of development, occurring on 12 to 24 (or more) congruent blocks.” 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 CON2020 -00041 Metropolitan Area Planning Commission Page 3 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.

RECOMMENDATION: Based on information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions:

1. A revised site plan illustrating the required screening shall be submitted to the Planning Department for review and approval. 2. The site shall be developed and maintained in general conformance with an approved, revised site plan, and in conformance with all applicable regulations, including but not limited to: licensing requirements, building, fire and utility regulations or codes. 3. The ancillary parking area shall apply only to even Lots 10 through 20 and the north 18 feet of Lot 22, Block 1, Highland Addition; and shall be surfaced with concrete or asphalt. The area shall be maintained in good condition and free of all weeds, trash and other debris. 4. The parking area shall be used for passenger vehicles only. 5. Parking and circulation aisles shall not be located within a required front yard setback. Entrance/Exit drives may cross the required front yard and must be approved by City of Wichita Traffic Engineering. 6. A grading plan acceptable to City building permitting showing drainage be submitted to the Metropolitan Area Building and Construction Department before construction of the parking lot. 7. That portion of the alley way abutting the subject property shall be paved to City Standards. 8. Screening and landscaping shall be provided in accordance with the Landscape Ordinance and Sec. IV-B of the UZC). 9. At such time the applicant wishes to expand the parking lot, a revised site plan shall be submitted to the Planning Department for review and approval to ensure compliance with required screening and landscaping. 10. 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 thereof, may, with the concurrence of the Planning Director, declare the Conditional Use null and void.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties located to the north, west, and south of the subject site are zoned B and developed with single-family residences. Properties located east of the subject site are zoned GC General Commercial and are developed with parking lot and restaurant uses. Several neighboring properties has paved front yards, and some of them are used for parking.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned B Multi-Family which allows a Conditional Use approval for ancillary parking. It is the opinion of the Planning Department that multi-family is a suitable use in this zoning category.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should not have a significant detrimental impact on nearby properties. Ancillary parking is only allowed with screening and landscaping as required by the UZC and the Landscape Ordinance

4. 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 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.” Given the proximity of residential uses surrounding commercial uses located along North Broadway Avenue and 21st Street North, and as presently zoned, the property could be developed as with an apartment complex

CON2020 -00041 Metropolitan Area Planning Commission Page 4 with associated parking, ancillary off-street parking for an existing restaurant is consistent with this designation.

In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as Regional Center by the Places for People Plan. A Regional Center is defined as “a large commercial or mixed use center in excess of 200,000 square feet of development, occurring on 12 to 24 (or more) congruent blocks.” 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. However, an expanded parking lot is a challenges the notion of creating a walkable place, but the development of the outdoor patio on the restaurant does align with walkable place making.

5. Impact of the proposed development on community facilities: No additional community facilities demand will be created by allowing this request.

Attachments: 1) Aerial Map, 2) Zoning Map, 3) Land Use Map, 4) Site Plan

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CON2020 -00041 Metropolitan Area Planning Commission Page 9 ITEM 6.1 Vote 2021 Metropolitan Area Planning Commission Meeting Calendar

**UPDATED** WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION and BOARD OF ZONING APPEALS 2021 CALENDAR The Ronald Reagan Building, 271 West 3rd Street, Second Floor, Ste. 203, Wichita, Kansas

CLOSING DATE NOTICE TO ADVERTISING MAPC/BZA (By 4:00 p.m.) OFFICAL DATE HEARING DATE NEWSPAPER (No Later Than (Thursday at 1:30 p.m.) (By 9:00 a.m.) Thursday)

October 12, 2020 October 26, 2020 October 29, 2020 November 19, 2020 *October 26, 2020 *November 9, 2020 *November 12, 2020 December 3, 2020 *November 9, 2020 *November 23, 2020 *November 26, 2020 December 17, 2020 November 30, 2020 December 14, 2020 December 17, 2020 January 7, 2021 December 14, 2020 December 28, 2020 December 31 , 2020 January 21, 2021 December 28, 2020 January 11, 2021 January 14, 2021 February 4, 2021 January 11, 2021 January 25, 2021 January 28, 2021 February 18, 2021 January 25, 2021 February 8, 2021 February 11, 2021 March 4, 2021 February 8, 2021 February 22, 2021 February 25, 2021 March 18, 2021 March 1, 2021 March 15, 2021 March 18, 2021 April 8, 2021 March 15, 2021 March 29, 2021 April 1, 2021 April 22, 2021 *March 29, 2021 April 12, 2021 April 15, 2021 May 6, 2021 April 12, 2021 April 26, 2021 April 29, 2021 May 20, 2021 April 26, 2021 May 10, 2021 May 13, 2021 June 3, 2021 May 10, 2021 May 24, 2021 May 27, 2021 June 17, 2021 May 28, 2021Friday June 14, 2021 June 17, 2021 July 8, 2021 June 14, 2021 June 28, 2021 July 1, 2021 July 22, 2021 June 28, 2021 July 12, 2021 July 15, 2021 August 5, 2021 July 19, 2021 July 26, 2021 July 29, 2021 August 19, 2021 August 2, 2021 August 16, 2021 August 19, 2021 September 9, 2021 August 16, 2021 August 30, 2021 September 2, 2021 September 23, 2021 August 30, 2021 September 13, 2021 September 16, 2021 October 7, 2021 September 13, 2021 September 27, 2021 September 30, 2021 October 21, 2021 September 27, 2021 *October 8, 2021Friday October 14, 2021 November 4, 2021 *October 8, 2021Friday October 25, 2021 October 28, 2021 November 18, 2021 November 1, 2021 *November 8, 2021 November 11, 2021 H December 2, 2021 November 15, 2021 November 22, 2021 November 25, 2021 H December 16, 2021 November 29, 2021 December 13, 2021 December 16, 2021 January 6, 2022 December 13, 2021 December 27, 2021 December 30, 2021 January 20, 2022 December 27, 2021 January 10, 2022 January 13, 2022 February 3, 2022 January 10, 2022 January 24, 2022 January 27, 2022 February 17, 2022 January 24, 2022 February 7, 2022 February 10, 2022 March 3, 2022 The MAPC and the BZA meet at 1:30 p.m. on the dates indicated above. If you have questions contact the Metropolitan Area Planning Department at (316) 268-4421.

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