Metropolitan Area Planning Commission Agenda Item No

AGENDA METROPOLITAN AREA PLANNING COMMISSION Thursday, May 6, 2021 1:30 PM

The virtual meeting of the Metropolitan Area Planning Commission will be held on May 6, 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 in the hearing in-person at the Wichita City Hall Council Chambers - 455 N. Main Street, Wichita, KS 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 April 22, 2021

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

2.1 SUB2020-00066: One-Step Final Plat – CAMDEN HILL ADDITION; located on the east side of North 143rd Street East, 1000 feet north of East 21st Street North.

RECOMMENDED ACTION: APPROVE: 7-0

2.2 SUB2021-00017: One-Step Final Plat – MONARCH LANDING 5TH ADDITION; located on the north side of East 21st Street North, 800 feet west of North 159th Street East.

RECOMMENDED ACTION: APPROVE: 7-0

2.3 SUB2021-00021: One-Step Final Plat – N. HILLMAN ADDITION; located on the northeast corner of West 47th Street South and South 375th Street West.

RECOMMENDED ACTION: APPROVE: 7-0

2.4 SUB2021-00022: One-Step Final Plat – SOUTH RANGE LINE ADDITION; located on the north side of West 23rd Street South, one-half mile west of South 231st Street West and on the Northwest corner of West 23rd Street South and South 231st Street West.

RECOMMENDED ACTION: APPROVE: 7-0

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.

Metropolitan Area Planning Commission Page 2 May 6, 2021

3.1 VAC2021-00016: City vacation of a portion of a platted front yard setback on SF-5 Single Family Residential zoned property generally located northwest of South Tyler Road and West Kellogg Drive on the northeast corner of South Keith Avenue and West Belview Avenue (640 South Keith Avenue).

RECOMMENDED ACTION: APPROVE: 6-0

3.2 VAC2021-00017: City Vacation of a portion of a platted street side yard setback on GO General Office zoned property generally located on the northeast corner of North Hillside Avenue and East Central Avenue (550 N Hillside).

RECOMMENDED ACTION: APPROVE: 7-0

3.3 VAC2021-00018: City Vacation of a portion of a platted front yard setback on LC Limited Commercial zoned property generally located east of North Webb Road on the north side of East 21st Street North (9750 East 21st Street North).

RECOMMENDED ACTION: APPROVE: 7-0

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

4.1 CON2021-00014 with ZON2021-00006: City Conditional Use to expand CON2010- 00022, in association with ZON2021-00006, to allow limited indoor recycling (limited screened outdoor storage) of computers, appliances, equipment and machinery (no inoperable vehicles); generally located on the west side of St. Francis at 624 E. Morris.

PRESENTING PLANNER: Kathy Morgan

4.2 CON2021-00015: **DEFERRED TO 6/3/2021**City Conditional Use to allow a Car Wash within 200 feet of a residential zoning district on property zoned LC Limited Commercial; generally located 1000 feet west of North Amidon on the north side of West 21st Street North (1716 W 21st St N).

PRESENTING PLANNER: Kathy Morgan

4.3 CON2021-00016: City Conditional Use to allow an accessory apartment on property zoned SF-5 Single-Family Residential; generally located 1,600 feet south of West 55th Street South and and 600 feet west of South Seneca Street (1330 West Bones Circle).

PRESENTING PLANNER: Philip Zevenbergen

4.4 ZON2021-00016: City zone change from TF-3 Two Family and SF-5 Single Family to MF-29 Multi-family to permit a third dwelling unit, generally located on the south side of West 18th Street North and west of North Arkansas Avenue (641 W 18th St N).

PRESENTING PLANNER: Matthew Williams

Metropolitan Area Planning Commission Page 3 May 6, 2021

5. NON-PUBLIC HEARING ITEMS ADVERTISED TO BE HEARD NO EARLIER THAN 1:30 PM.

5.1 DER2021-00002: City proposed establishment of Land Bank located throughout the City of Wichita with special emphasis within the Established Central Area (ECA). The ECA is generally located between Ridge Rd. on the west, Rock Rd. on the east: 29th St. on the north; and, 31st St. on the south.

PRESENTING PLANNER: Mary Hunt

6. Other Matters/Adjournment

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 in-person at the Wichita City Hall Building (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 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

Metropolitan Area Planning Commission Page 4 May 6, 2021

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 In-Person

You may also participate in the hearing in-person at the Wichita City Hall Council Chambers (455 N. Main Street, Wichita, KS 67202). Please note that security screening is required for public access to the building, self-paid parking is available nearby, and COVID-19 protocols are in place. For more information please visit www.wichita.gov/visitcityhall. The in-person option is primarily 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 (316-268-4464) 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

April 22, 2021

The virtual meeting of the Metropolitan Area Planning Commission was held on April 22, 2021 starting at 1:30 PM in the City Hall Building, 1st floor - City Council Chambers, 455 N. Main, Wichita, Kansas. The public was allowed to participate in person in the City Council Chambers. The following members were present in-person: Mike Greene, Chair; Bill Johnson, Vice-Chair; John McKay; Bob Dool (arrived late); Chuck Warren; Debra Foster; and Hugh Nicks. The following members were present online: Joe Johnson; Cindy Miles; and Terrill Florence. The following members were absent: Anne Fox; Schane Gross; Joshua Blick; and Rob Hartman. Staff members present were: Scott Wadle, Planning Director; Neil Strahl, Senior Planner; Kathy Morgan, Senior Planner; Bill Longnecker, Senior Planner; Philip Zevenbergen, Associate Planner; Matt Williams, Associate Planner; JR Cox, Zoning Administrator; Kirk Sponsel, Assistant County Counselor; and Jeff Vanzandt, Assistant City Attorney.

1. APPROVAL OF THE PRIOR MAPC MEETING MINUTES.

1.1 Approval of the April 8, 2021 MAPC minutes

DEFERRED TO EMAIL VOTE

2. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS

2.1 SUB2007-00057: Revised One-Step Final Plat—FABER COMMERCIAL ADDITION; located on the northwest corner of West 29th Street North and North 119th Street West.

RECOMMENDED ACTION: APPROVE 6-0

NOTE: This site is unplatted property which is subject to the Faber Commercial Community Unit Plan (DP-296). STAFF COMMENTS: A. City of Wichita Public Works and Utilities Department advises water and sewer are available to all lots. Water distribution and transmission fees are due on all Lots. Sanitary lateral fees are due on Lot 1.

B. City Public Works advises a non-masonry wall with a removable gate is required for the portion of the wall easement that crosses the 20-foot drainage and utility easement.

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

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

F. The applicant shall submit an Encroachment Agreement to City Public Works prior to submittal of the mylar.

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

H. City Stormwater Management approved the drainage plan.

I. Since the subdivision is partially in a FEMA-regulated floodplain, the floodway certificate needs added.

J. The plat proposes two openings along 119th Street and five openings along 29th Street including three right in/out openings. The plattor’s shall state that access controls are granted to the appropriate governing body. Traffic Engineering has approved the openings along 29th Street.

K. Traffic Engineering requires in accordance with the CUP, a guarantee for an eastbound left turn center lane.

L. In accordance with the CUP approval, a cross-lot circulation agreement is needed to assure internal vehicular movement between the lots.

M. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP and its special conditions for development on this property.

N. The perimeters of the proposed lots shall match the perimeters of the CUP parcel boundaries. A CUP adjustment will need to be approved.

O. The Deputy County Surveyor signature block shall be corrected to read, “Tricia L. Robello, P.S. #1246”. P. 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.

Q. 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.)

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

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S. 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.

T. 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.

U. 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.

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

W. 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.

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

Y. 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, B JOHNSON seconded the motion, and it carried (9-0).

2.2 SUB2021-00003: Final Plat—DUGAN WEST KELLOGG COMMERCIAL 3RD ADDITION; located on the south side of West Kellogg Drive, one-quarter mile east of South 135th Street West.

RECOMMENDED ACTION: APPROVE 6-0

NOTE: This is a replat of the Dugan West Kellogg Commercial 2nd Addition. This site is also subject to the Dugan West Kellogg Community Unit Plan (DP-320).

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STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department requires water and sewer to be extended to serve each lot. Water Transmission in-lieu-of-assessment fees will be due. Existing specials will be spread on a square foot basis in absence of a Respread agreement.

The consultant has advised the intent is to construct this development and the one to the east at the same time, so the loop should be present at the start. However, if they are going to phase either one, they are going to be limited to phases on both sides to what the fire hydrants can support until the loop is constructed.

B. The plattor’s text shall include language that the street, drainage and utility easements are hereby granted to the public as indicated for street and drainage purposes and for the construction and maintenance of all public utilities.

C. A non-masonry wall with a removable gate is required for the portion of the wall easement that crosses the drainage and utility easement.

D. Due to the two commercial lots, the applicant shall submit an Encroachment Agreement to City Public Works prior to submittal of the mylar.

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. Due to the site zoned LC Limited Commercial, a zone change to SF-5 Single-Family Residential is recommended for the lots abutting the proposed residential street. In the alternative, a restrictive covenant or CUP adjustment/amendment shall be submitted limiting this portion of the site to residential development and the appropriate residential development standards.

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

H. City Stormwater Management has approved the drainage plan.

I. County Public Works advised that complete access control along the frontage road for Lot 1 was obtained by the County in 2006, except for the east 80 feet of the lot. The plat denotes complete access control along Kellogg Drive.

J. 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 street and extending through Reserve D to the trail south of the plat.

K. 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.

L. 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.

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M. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP and its special conditions for development on this property.

N. A note shall be placed on the final plat, indicating that this Addition is subject to the general provisions of the Dugan West Kellogg Community Unit Plan (DP-320).

O. 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.”

P. The Applicant needs to request a CUP adjustment/amendment as the CUP parcel boundaries do not correspond with the area being platted.

Q. GIS has approved the street names.

R. On the final plat tracing, the MAPC signature block needs to reference “Michael C. Greene” as Chair.

S. The applicant has platted 5-foot interior side yard setbacks for the lots which represents an adjustment of the Zoning Code standard of six feet for residential districts. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

T. County Surveying recommends the north line of Lot 4, Block A, show the distance of 107.29 feet.

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. 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.

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

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.

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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.

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]).

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

J JOHNSON moved, B JOHNSON seconded the motion, and it carried (9-0).

2.3 SUB2021-00012: One-Step Final Plat—IRMA HERNANDEZ ADDITION; located 700 feet east of South 135th Street West, on the south side of West MacArthur Road.

RECOMMENDED ACTION: APPROVE 6-0

NOTE: This unplatted site is located in the County within three miles of the City of Wichita. It is in an area designated as “Wichita 2035 Urban Growth Area” by the Community Investments Plan 2015-2035.

STAFF COMMENTS:

A. Since sanitary sewer is unavailable 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 facilities. A memorandum shall be obtained specifying approval.

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B. The site is currently located within the Sedgwick County Rural Water District No. 4. If service is available, feasible and the property is eligible for service, Metropolitan Area Building and Construction Department recommends connection. If service is unavailable, a memorandum from Metropolitan Area Building and Construction Department is needed specifying approval of water wells.

C. City of Wichita Public Works and Utilities Department has requested a No Protest Agreement for future extension of sanitary sewer; as a condition of which any application for sewer service waives the owners’ right to protest annexation by the City of Wichita.

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

E. County Stormwater advised the applicant has submitted the drainage plan.

F. The plat denotes two access openings including one shared opening along the east property line within a recorded reciprocal easement agreement. County Public Works recommends a single access at the shared opening along the east property line and guarantee of closure of the existing mound entrance.

G. The applicant shall guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings. A Driveway Closure Certificate in lieu of a guarantee may be provided.

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

I. According to the platting binder, a blanket pipeline easement exists for the area involved in this plat. The applicant has informed staff that the pipeline referenced in the platting binder does not cross the property according to the lack of utility markings provided by Kansas One Call and therefore a corresponding note has been included on the plat, “The pipeline located in the blanket easement and recorded in Misc. Bk. 623, Page 170; last assigned as Film 2480, Page 1766, in favor of Cities Service Oil Company; last assigned to Seminole Transportation and Gathering, Inc.” does not cross the property described herein.”

The Subdivision Committee recommends a modification of the design criteria in Article 7, Section 7- 205(l) of the Subdivision Regulations as 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.

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

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.

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

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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.

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, B JOHNSON seconded the motion, and it carried (9-0).

2.4 SUB2021-00013: One-Step Final Plat—H AND H ACRES ADDITION; located 1700 feet east of North 143rd Street East, 2000 feet north of East 21st Street North.

RECOMMENDED ACTION: APPROVE 6-0

NOTE: This is unplatted property located in the County within three miles of the City of Wichita. It is designated as “Wichita Growth Area” by the Community Investments Plan 2015-2035.

STAFF COMMENTS:

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B. The site is currently located within the Butler County Rural Water District No. 5. If service is available, feasible and the property is eligible for service, Metropolitan Area Building and Construction Department recommends connection. If service is unavailable, a memorandum from Metropolitan Area Building and Construction Department is needed specifying approval of water wells.

C City of Wichita Public Works and Utilities Department has requested a No Protest Agreement for future extension of sanitary sewer; as a condition of which any application for sewer service waives the owners’ right to protest annexation by the City of Wichita.

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

E. County Stormwater has approved the drainage plan.

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

G. County Public Works notes that a 60-foot right-of-way is not required along local roads; 35 feet is sufficient.

H. County Surveying recommends noting the Section, Township and Range at the Section Corners shown.

I. The plattor’s text shall reference “Lots, a Block and a Street”.

J. The signature line for the Register of Deeds certificate needs to be revised to reference “Tonya E. Buckingham”.

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

L. The final plat shall state that “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 applicable City or County Engineer) and shall be unobstructed to allow for the conveyance of stormwater in accordance with the Stormwater Manual.”

M. The applicant is reminded that this site is located within three miles of the municipal boundaries of Wichita and will be heard by City Council. Therefore, the City Council signature block needs to be included on the final plat.

N. 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.)

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

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P. 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.

Q. 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.

R. 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.

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

T. 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.

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

V. 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]).

W. The platting binder indicates a party holding a mortgage on the site. This party’s name must be included as a signatory on the plat, or else documentation provided indicating that such mortgage has been released.

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

J JOHNSON moved, B JOHNSON seconded the motion, and it carried (9-0).

2.5 SUB2021-00016: One-Step Final Plat—CEDAR DALE ADDITION; located 230 feet north of West Central Avenue, 975 feet west of North 119th Street West.

RECOMMENDED ACTION: APPROVE 6-0

NOTE: This is unplatted property located in the City of Wichita.

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STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department advises that sanitary sewer is available for all lots. Water (distribution) needs extended to serve all lots. In-lieu-of assessment fees are due for water (transmission) and Sanitary Sewer (mains & laterals).

The drafted width of the 20-foot easements on the east and the west and between Lots 4 and 5 don’t appear to be the same.

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 [email protected] and [email protected].

E. City Stormwater Management has approved the drainage plan.

F. The plattor’s text shall delete reference to access controls.

G. The Applicant shall guarantee the paving of the proposed streets.

H. Reserve “A” needs to be denoted with a solid line. The final plat tracing shall state in the plattor’s text the purposes of the proposed reserves as well as the ownership and maintenance responsibilities. The plattor’s text shall state, “Compliance with any platted restrictions and applicable restrictive covenants affecting said Reserves shall be binding on any owners, successors, heirs or assigns.”

I. 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.

J. 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.

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

L. GIS requests the street be denoted as “CEDAR DOWNS CIR”.

M. The MAPC signature block needs to reference Michael C. Greene as Chair.

N. The title block needs to state “Wichita, Sedgwick County, Kansas”.

O. The MAPC signature block needs to reference Scott A. Wadle as Secretary.

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P. In accordance with the Kansas Wetland Mapping Conventions under the Memorandum of Understanding between the United States Department of Agriculture - Natural Resources Conservation Service; United States Environmental Protection Agency; United States Army Corps of Engineers (USACE); and United States Fish and Wildlife Service, this site has been identified as one with potential wetland hydrology. The USACE should be contacted (316-322-8247) to have a wetland determination completed.

Q. 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.

R. In accordance with the Backyard Drainage Policy, the plat shall be corrected to state that “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.”

S. 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.”

T. County Surveying notes the plat boundary does not close.

U. County Surveying notes the bearing on the east line of S 00°17’57” W does not match the legal description of S 00°17’57” E.

V. County Surveying advises that adding the distances along the west lines of Lots 18 thru 25, Block A is 607.28 feet and not the 608.28 measured.

W. County Surveying notes that adding the distances along the west lines of Lots 1 thru 4, Block A is 426.83 feet and not the 418.32 measured. It appears the west line of Lot 2, Block A should be closer to 67.49 feet and not the 76 feet shown.

X. County Surveying notes bearing and distance shall be shown between the monuments found on the west line of Cindy Street that show to be 58 feet apart.

Y. County Surveying notes the right of way for Cindy Street going west from the plat boundary needs to be shown with respect to the found monuments.

Z. County Surveying notes all the centerline bearings and distances need to be shown along the platted streets.

AA. County Surveying notes the platted Utility Easement on the west side of the plat is not to scale.

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BB. County Surveying notes the platted Drainage and Utility Easement on the east side of the plat is not to scale.

CC. County Surveying notes in the legal description 5th line from the bottom, the call “thence South 61°37’10” West a distance of 85.96 feet” needs added.

DD. County Surveying notes in the legal description 4th line from the bottom “County” needs changed to “Country”.

EE. County Surveying notes in the legal description last line “1083.50feet” needs a space.

FF. County Surveying notes “KSA 12-512b amended” needs corrected to “…as amended.”

GG. County Surveying notes MAPC needs the plat name corrected to reflect Wichita.

HH. County Surveying notes under the Plattor’s text: Owner is Titan Realty, Inc.; Jerrome D. Castillo, President of Titan Realty, Inc.

II. County Surveying notes the Notary line should state, “… Jerrome D. Castillo, President of Titan Realty, Inc., on behalf of the corporation.”

JJ. County Surveying notes the Mortgage holder will need to sign the plat (“The Stock Exchange Bank, Arkansas City, Kansas”) or a release of Mortgage should be submitted.

KK. County Surveying notes the side Lot lines should be at right angles to the street lines. It appears the east lots are neither perpendicular to the street nor parallel to any other plat boundary line.

LL. 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.)

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

NN. 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.

OO. 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.

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

RR. 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.

SS. Evergy will need to request additional easements. Heide Bryan, Design Department, 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.

TT. 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, B JOHNSON seconded the motion, and it carried (9-0).

3. PUBLIC HEARING – VACATION ITEMS

3.1 Case No. VAC2021-00010: (Deferred from 03-25-21 Sub D Mtg) City Vacation of a portion of a platted setback to permit porch addition on property zoned SF-5 Single Family Residential; generally located on the north side of West Pawnee Avenue and two blocks east of South Meridian Avenue (2124 W Pawnee).

RECOMMENDED ACTION: APPROVE 6-0.

Lot 4, Block 10, Glenn Village Addition, Wichita, Sedgwick County, Kansas.

The applicant proposes to vacate the north 4 feet of the platted 15-foot street side yard setback running parallel to the south property line of the SF-5 Single Family Residential zoned subject site. The subject site is a corner lot recorded as Lot 4, Block 10, Glenn Village Addition. The applicant has built a 29-foot six inch long renovated porch located on the front, south side, of the single family residence. The subject corner lot’s south property line abuts and runs parallel to West Pawnee Avenue.

The UZC Unified Zoning Code establishes a corner lot’s front yard setback along its shorter street frontage, which in this case is the subject site’s South Everett Avenue frontage: UZC Sec.III, E.1e.6. Although the front of the house faces West Pawnee Avenue the corner lot’s platted 25-foot front yard setback runs parallel to its west property line, which abuts South Everett Avenue, a two lane residential street. The subject corner lot’s platted 25-foot front yard setback matches the UZC’s 25-foot minimum front yard setback standard for the SF-5 zoning district. The subject site’s driveway accesses onto South Everett Avenue.

The UZC’s minimum street side yard setback standard for the SF-5 zoning district is 15 feet, which matches the subject corner lot’s platted 15-foot street side yard setback. If approved the request would reduce the platted 15-foot street side yard setback to 11 feet, greater or less per an approved legal description. If the 15-foot street side yard setback was not platted the applicant could have applied for an Administrative Adjustment which could reduce it by 20 per cent resulting in a 12-foot street side yard setback. The

Page 15 of 40 April 22, 2021 Metropolitan Area Planning Commission Minutes applicant’s request exceeds that reduction process by one foot which would have triggered a variance for an unplatted setback. However, because the setback is platted an approved vacation request would establish the street side yard setback at 11 feet, greater or less per an approved legal description. If approved the subject porch will be located 11 feet from the Pawnee Avenue right of way. Pawnee Avenue is an Arterial Street at this location with four lanes and a center turn lane. Traffic has noted the encroaching porch does not present visual encroachment for vehicular traffic.

The SF-5 zoned subject corner lot is not unique in its size or configuration for this subdivision. Adjacent and abutting SF-5 zoned subdivisions’ lot sizes and configurations are not unique to this area and their setbacks are per the UZC’s minimum standards. There are no abutting or adjacent subdivisions that have platted setbacks. Approval may not adversely affect the rights of adjacent property owners or residence.

There are no public utility easements located within the platted street side yard setback. Franchised utilities have determined they have no utilities located within the described setback. Contact information for Evergy is Ennidh Garcia at 316-261-6334. Condition #2 covers all utilities. The Glenn Village Addition was recorded with the Sedgwick County Register of Deeds January 26, 1963.

NOTE: The recommendation by the Subdivision Committee at their March 25, 2021 meeting was to table Vac2021-00010, deferring their recommendation until their April 15, 2021 meeting to allow the applicant to participate in the meeting. The applicant attended the April 15, 2021 Subdivision Committee meeting and VAC2021-00010 was approved with the listed conditions.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from Public Works, Storm Water, Water and Sewer, Traffic, Fire, 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 platted street side yard setback.

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 March 18, 2021, 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 platted street side yard setback, 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 the north four feet (greater or less per an approved legal description) of the platted 15-foot street side yard setback located on and running parallel to the south property line of Lot 4, Block 10, Glenn Village Addition, for the renovation of a 29-foot six inch porch. Provide Planning with an approved legal description of the vacated portion of the subject setback on a Word document via E-mail that will be used on the Vacation Order. This must be provided prior to the vacation request goes to City Council for final action.

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(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. Approval of plans for the relocation of any and all utilities by Public Works and/or franchised utilities must be completed prior to the case going to City Council for final action. Provide Planning with letters of approval. All improvements shall be according to City Standards and will be at the applicant’s expense.

(3) Provide Planning with any needed easements dedicated by separate instrument or other required documents with original signatures. These conditions must be completed prior to the case going to City Council for final action. These original dedications will go with the Vacation Order to City Council for final action and filing with the Sedgwick County Register of Deeds.

(4) Per MAPC Policy Statement #7, all conditions shall 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 (but not limited to) conditions:

(1) Vacate the north four feet of the platted 15-foot street side yard setback (greater or less per an approved legal description) located on and running parallel to the south property line of Lot 4, Block 10, Glenn Village Addition, for the renovation of a 29-foot six inch porch, as approved by Traffic and other interested parties. Provide Planning with an approved legal description of the vacated portion of the subject setback on a Word document via E-mail that will be used on the Vacation Order. This must be provided prior to the vacation request goes to City Council for final action.

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

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MILES moved, FLORENCE seconded the motion, and it carried (9-0).

3.2 Case No. VAC2021-00013: City Vacation of a platted 35-foot setback for building addition on property zoned LI Limited Addition; generally located on the northwest corner of South West Street and West Harry Street (1551 &1501 S West Street).

RECOMMENDED ACTION: APPROVE 6-0.

Lot 1, Townsend Addition, Wichita, Sedgwick County, Kansas The applicant proposes to vacate all of the platted 35-foot setback located on the east side of the LI Limited Industrial zoned Lot 1, Sanderson Addition and all of the south abutting property’s 34-foot setback located on the east side of the LI zoned Lot 1, Townsend Addition, all which runs parallel to South West Street. V-1151, Vacation Ordinance 38-067, vacated the west one foot of the platted 35-foot located on Lot 1, Townsend Addition, thus establishing the current 34-foot setback; recorded August 11, 1983. The South West Street frontage of the two lots (subject site) is 580.9 feet. The subject site also has 290 feet of frontage on West Monroe Street (north side) and 290 feet of frontage on West Harry Street (south side). The applicant’s business occupies both of the described properties which establishes it as a corner lot; Unified Zoning Code, UZC, Sec.II-B, 7f. The UZC establishes a corner lot’s front yard setback along its shorter street frontage, in this case either West Monroe or West Harry Streets; Sec.III, E.1e.6. The LI zoning district provides a 20-foot front yard setback and zero rear, side and street side yard setbacks. As defined the corner site’s street side yard setback runs parallel to West Harry Street which is allowed a zero setback that does not extend into the visibility site triangle at its West Monroe Street – South West Street and West Harry Street – South West Street intersections. The UZC allows the request for a LI zoned corner property. The applicant proposes to build a dock and expand an on an existing building. There are no public utilities located within the setbacks. The Traffic Engineer has reviewed the site plan and has approved it as presented. Franchised utilities have no equipment in the described vacated setback. Evergy has lines in the South West Street right-of-way, which are protected by Condition #2. All utilities are covered by Condition #2. Contact information for Evergy is Ennidh Garcia at 316-261-6334. Note: V-1151 also vacated north five feet of a shared 10-foot platted utility easement located on Lot 1, Townsend Addition. V-1823 vacated the remaining five feet of that shared easement located on Lot 1, Sanderson Addition. The Townsend Addition was recorded with the Register of Deeds March 22, 1967. The Sanderson Addition was recorded with the Register of Deeds November 3, 1966. Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from Public Works, Storm Water, Water and Sewer, Traffic, Fire, 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 portions of a platted street side yard setback and the setback established by Vacation Ordinance 38-067.

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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 April 1, 2021, 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 platted street side yard setback and the street side yard setback established by Vacation Ordinance 38-067, 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 the described portions of the platted 35-foot street side yard setback and the 34-foot street side yard setback established by Vacation Ordinance 38-067 as described in an approved legal description. Provide Planning with the approved legal description on a Word document via E-mail for use on the Vacation Order. This must be completed prior to the case going to City Council for final action.

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. Approval of plans for the relocation of any and all utilities by Public Works and/or franchised utilities must be completed prior to the case going to City Council for final action. Provide Planning with letters of approval or E-mails of approval. All improvements shall be according to City Standards and will be at the applicant’s expense.

(3) Per MAPC Policy Statement #7, all conditions shall 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 Sedgwick County Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following (but not limited to) conditions:

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. Approval of plans for the relocation of any and all utilities by Public Works and/or franchised utilities must be completed prior to the case going to City Council for final action. Provide Planning with letters of approval or E-mails of approval. All improvements shall be according to City Standards and will be at the applicant’s expense.

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

MILES moved, FLORENCE seconded the motion, and it carried (9-0).

3.3 Case No. VAC2021-00014: City Vacation of a portion of a drainage easement; generally located on the east side of Oliver Street approximately ½ mile north of K-96 Highway, south of the Union Pacific Railway.

RECOMMENDED ACTION: APPROVE 6-0.

Lot 4, Block 1, Great Plains Business Park 2nd Addition, Wichita, Sedgwick County Kansas.

The applicant proposes to vacate the drainage easement dedicated by separate instrument (Doc#/FLM-PG: 29080941) located on Lot 4, Block 1, Great Plains Business Park 2nd Addition. The applicant proposes to construct a building that will encroach into the subject easement. The applicant has provided an attached exhibit and legal description. There appears to be storm water outlets and open channel conduit in the area of the vacation request. Approval of any plans by Public Works/Storm Water is required. Removal and/or relocation of public and/or franchised utilities shall be according to City Standards and will be at the applicant’s expense. COX has underground equipment close to the vacation area. Evergy has no equipment in the subject drainage easement. Contact information for Evergy is LaDonna Vanderford at 316-261-6290. Condition #2 protects all utilities. The Great Plains Business Park 2nd Addition was recorded with the Register of Deeds March 31, 1992.

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

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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 the described portion(s) of the drainage easement dedicated by separate instrument as described in an approved legal description. Provide Planning with the approved legal description on a Word document via E-mail for use on the Vacation Order. This must be completed prior to the case going to City Council for final action.

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. All improvements shall be according to City Standards and will be at the applicant’s expense. Approval of plans for the relocation of any and all utilities by Public Works and/or franchised utilities must be completed prior to the case going to City Council for final action. Provide Planning with letters of approval or E-mails of approval.

(3) Provide Planning with any required easement(s) dedicated by separate instrument(s) with original signatures for recording with the Register of Deeds. These original dedications will go with the Vacation Order to City Council for final action and filling with the Sedgwick County Register of Deeds.

(4) Per MAPC Policy Statement #7, all conditions shall 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 Sedgwick County Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following (but not limited to) conditions:

(3) Provide Planning with any required easement(s) dedicated by separate instruments with original signatures for recording with the Register of Deeds. These original dedications will go with the Vacation Order to City Council for final action and filling with the Sedgwick County Register of Deeds.

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provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Sedgwick County Register of Deeds.

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

MILES moved, FLORENCE seconded the motion, and it carried (9-0).

3.4 Case No. VAC2021-00015: City Vacation of access control along North McLean Boulevard on property zoned CBD Central Business Distract; generally located 600 feet north of West Douglas Avenue, on the west side of North McLean Boulevard.

RECOMMENDED ACTION: APPROVE 6-0.

Lot 2, Block 1, Delano Hotel Addition, Wichita, Sedgwick County, Kansas.

The CBD Central Business District zoned subject site, Lot 2, Block 1, Delano Hotel Addition, is located on the southwest corner of North McLean Boulevard and North Sycamore Street. The applicant proposes to vacate the south 60 feet of platted complete access control on the subject site to allow a right-in right-out driveway onto North McLean Boulevard. At this location McLean Boulevard is a four lane arterial with a raised landscaped median strip that allows only south bound vehicular traffic right-in - right-out access onto the site. There is no platted access control on the subject site’s North Sycamore Street frontage. Sycamore Street is a two lane local street at this location. The Sycamore Street – McLean Boulevard intersection is located approximately 245.33 feet north of the proposed driveway. The McLean Boulevard – West 1st Street intersection is located approximately 487 feet north of the proposed driveway. Access Management Guidelines for Driveway Placement requires 200 feet of separation for the first right-in – right-out driveway from an intersection. The request meets that standard. There is an existing full movement driveway located 143.09 feet south of the proposed driveway located on the south abutting Lot 1, Block 1, Delano Hotel Addition. A cut in the raised landscaped median strip allows full movement onto McLean off of Lot 1. The subject site, Lot 2, Block 1 and the south abutting Lot 1, Block 1, all in Delano Hotel Addition have the same owner. Cross lot access is provided between the two lots. There appears to be no public utilities located in the area of the vacation request. COX has no objection to the request. Evergy has no objection to the request. Evergy does have street light poles and lines in the North McLean right-of-way. Contact information for Evergy is Richard Aitken at 316-261-6334. Condition #2 applies to all public and franchised utilities. The Delano Hotel Addition was recorded with the Register of Deeds January 13, 2020.

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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:

2. That no private rights will be injured or endangered by vacating the described portion of the platted complete access control, 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 the described portion of the platted complete access control as approved by the Traffic Engineer and as described in an approved legal description. Provide Planning with the approved legal description on a Word document via E-mail for use on the Vacation Order. This must be completed prior to the case going to City Council for final action.

(2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. Provide Planning with letters or E-mails of approval. All improvements shall be according to City Standards and will be at the applicant’s expense. Approval of plans for the relocation of any and all utilities by Public Works and/or franchised utilities must be completed prior to the case going to City Council for final action.

(3) Provide Planning with any required dedications by separate instruments with original signatures for recording with the Register of Deeds. These original dedications will go with the Vacation Order to City Council for final action and filling with the Sedgwick County Register of Deeds.

(4) Per MAPC Policy Statement #7, all conditions shall 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 Sedgwick County Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following (but not limited to) conditions:

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(4) Per MAPC Policy Statement #7, all conditions shall 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 Sedgwick County Register of Deeds.

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

MILES moved, FLORENCE seconded the motion, and it carried (9-0).

4. PUBLIC HEARINGS

4.1 Case No. CON2021-00013: County Conditional Use to allow an accessory apartment on property zoned SF-20 Single-Family Residential; generally located on the west side of North Ridge Road and one- quarter mile north of West 45th Street North (4695 North Ridge Road).

Lot 1, Block A, J.K. Ogdon Addition, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a Conditional Use to bring the property into compliance with the Unified Zoning Code. The property is zoned SF-20 Single Family Residential and is generally located on the west side of North Ridge Road and within one-quarter mile north of West 45th Street North (4695 North Ridge Road). The property is platted and is 5.8 acres in size. An existing detached garage was converted into an accessory apartment, and a new detached garage is being constructed to the west of the accessory apartment. All buildings on the site were built with building permits and comply with the setbacks. A site visit showed that the accessory dwelling is in character with the principal structure.

The Wichita-Sedgwick County Unified Zoning Code (“UZC”) defines an “accessory apartment” (Art. II.Sec. II-B.1.b) as a dwelling unit that may be wholly within, or may be detached from a principal single- family dwelling unit. Accessory apartments are also subject to supplementary use regulation Art. III.Sec.III-D.6.a (1) a maximum of one accessory apartment may be allowed on the same lot as a single- family dwelling unit that may be within the main building, within an accessory building or constructed as an accessory apartment; (2) the appearance of an accessory apartment shall be compatible with the main dwelling unit and with the character of the neighborhood; (3) the accessory apartment shall remain accessory to and under the same ownership as the principal single-family dwelling unit, and the ownership shall not be divided or sold as a condominium and (4) the water and sewer service provided to the accessory apartment shall not be provided as separate service from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services.

The surrounding properties to the north, east, south, and west are zoned SF-20. The uses include single- family residences and agricultural land. The property to the west also has two Conditional Uses. CU-256 was approved in 1982 to establish an Employee Recreation Park. CU-463 was approved in 1998 to permit Outdoor Recreation and Entertainment.

CASE HISTORY: In September 2019, the property was platted as Lot 1, Block A, J.K. Ogdon Addition.

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ADJACENT ZONING AND LAND USE: NORTH: SF-20 Single-family residence SOUTH: SF-20 Single-family residence WEST: SF-20 Outdoor Recreation and Entertainment EAST: SF-20 Single-family residences

PUBLIC SERVICES: North Ridge Road is a paved, four-lane arterial with curb and gutters. Water and sewer are provided on-site with a well and septic system.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “New Employment” on the Future Growth Map Concept Map. However, the surrounding area is established with rural-scale, single-family residential development. Any future commercial development likely would occur farther south at the arterial intersection of West 45th Street and North Ridge Road.

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

(1) The accessory apartment shall remain accessory to and under the same ownership as the principal single-family residence (located at 4695 North Ridge Road) and the ownership shall not be divided or sold as a condominium.

(2) Onsite water and wastewater services shall be provided in compliance with the Sedgwick County Sanitation Code. Electric, gas, telephone and cable television utility service may be provided as separate utility services.

(3) The applicant shall obtain all applicable permits including, but not limited to: building, health and zoning. This will include submitting plans for review and approval by the MABCD.

(4) Development and maintenance of the site shall be in conformance with the approved site plan.

(5) If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void.

This recommendation is based on the following findings:

(1) The zoning, uses and character of the neighborhood: The surrounding properties to the north, east, south, and west are zoned SF-20. The uses include single-family residences and agricultural land. The property to the west also has two Conditional Uses. CU-256 was approved in 1982 to establish an Employee Recreation Park. CU-463 was approved in 1998 to permit Outdoor Recreation and Entertainment.

(2) The suitability of the subject property for the uses to which it has been restricted: The subject site is currently zoned SF-20 which permits the existing single-family residence. The property will continue to be used for one single-family residence; the size of the property easily accommodates an accessory structure with an apartment and the additional required parking space.

(3) Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should not detrimentally impact nearby properties. The conditions of approval should minimize any anticipated detrimental impacts.

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(4) 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 “New Employment” on the Future Growth Map Concept Map. However, the surrounding area is established with rural-scale, single-family residential development. Any future commercial development likely would occur farther south at the arterial intersection of West 45th Street and North Ridge Road.

(5) Impact of the proposed development on community facilities: There will be minimal impact on public roads and no impact to water and sewer service.

PHILIP ZEVENBERGEN, PLANNING STAFF: presented the staff report.

JIM CLARK, 9045 S HILLSIDE, AGENT FOR THE APPLICANT: He represents the owners. The only reason the owner intends to use this dwelling in the accessory structure is if at some point they need in-home nursing services as they age. They do not intend to rent it.

NICKS: Do the owners also own the land to the west that have the Conditional Uses for Recreation?

CLARK: No they do not. The use is for the ball diamond. The pond is not viewable from the applicant’s property.

MOTION: To approve subject to staff recommendation.

WARREN moved, DOOL seconded the motion, and it carried (10-0).

4.2 Case No. PUD2021-00003: City Zone Change request from B Multi-Family Residential, TF-3 Two-Family Residential, and SF-5 Single Family Residential to Planned Unit Development (PUD #84); generally located west of North Seneca Street and south of North McLean Boulevard (560 North Exposition).

Odd Lots 149-163, on Dodge Avenue, McCormick’s Second Addition, AND Lots 150 and 152, except the East 65.8 feet, on Exposition Avenue, McCormick’s Second Addition, AND, Lots 154 and 156 on Exposition Avenue, McCormick’s Second Addition, AND Lots 162, 164, 166, 168 and the South 47.5 feet of Lot 170, except that part of the South 47.5 feet of Lot 170 described as beginning 38.4 feet north of the southeast corner of Lot 170; thence north 9.1 feet; thence west 30 feet; thence in a southeasterly direction along a straight line to the place of beginning; and except that part dedicated for sidewalk easement on Film 1452, Page 1925 and refiled on Film 1484, Page 940, on Exposition Avenue, McCormick’s Second Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The property is currently zoned SF-5 Single-Family Residential, TF-3 Two-Family Residential, and B Multi-Family Residential. The applicants are requesting a Planned Unit Development zoning district. The PUD would limit the permitted and conditional uses to those associated with the GO General Office (GO) zoning district. The subject site is approximately 1.3 platted acres located two blocks west of North Seneca on the south side of North McLean Boulevard (560 N. Exposition). The applicant has indicated that the requested PUD zoning would provide maximum flexibility with property development standards as per the GO zoning district.

The site is located within the Delano Neighborhood. The Delano Neighborhood was initially developed in the 1870’s. It includes a variety of residential, commercial, industrial, personal service, and entertainment uses. The majority of commercial uses are located along Douglas Avenue and Seneca Street. In 2019, the

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City of Wichita adopted the Delano Neighborhood Plan 2019 update, including a recommended Future Land Use Concept Map. That map recommends and identifies the future land use of the subject site as residential.

North of the site is the McLean Boulevard right-of-way, the Arkansas River, and the Arkansas River Path. West and south of the subject site is SF-5 residential and is developed with single-family detached dwellings. East of the site is zoned GC General Commercial and is developed with a one-story office building.

CASE HISTORY: In April 1887, the area was platted as the McCormick’s 2nd Addition. The D-O Delano Neighborhood Overlay District (“D-O”) was approved in 2003. It is intended to preserve, enhance, and promote the character of the Delano neighborhood as prescribed in the Delano Neighborhood Revitalization Plan. Property development within the District shall comply with the Delano Neighborhood Design Guidelines and the standards of this District and the Underlying zoning District. The design review provisions applicable within the D-O District are intended to recognize the special architectural character and proposed land-use mix of the Delano neighborhood, and to protect the private property values and public investments in the Delano Neighborhood. In the case of conflict between the regulations in this section and those of the Underlying zoning District, the regulations in this section shall prevail. The property was included in the Delano Neighborhood Revitalization Plan in 2001, and is a part of the 2019 Delano Neighborhood Plan update. There are no recent cases associated with the subject property.

ADJACENT ZONING AND LAND USE: North: B Single-Family Residential, McLean Boulevard and Arkansas River South: SF-5 Single-Family Residential East: GC Commercial, office West: SF-5 Single-Family Residential

PUBLIC SERVICES: The site has access to North McLean Boulevard from North Exposition Street and North Seneca Street from West 3rd Street. Both Seneca Street and McLean Boulevard are paved arterial streets with sidewalks. The site is served by all typical municipal services. There are stops nearby for Wichita Transit bus routes, and a multi-use path is located to the north along the Arkansas River.

CONFORMANCE TO PLANS/POLICIES: The proposed rezoning would not be in conformance with the Delano Neighborhood Plan. The 2019 Delano Neighborhood Plan includes a Future Land Use map, which depicts the site as appropriate for “residential use.” The Wichita: Places for People Urban Infill plan identifies the site as being located within the Established Central Area which provides opportunities for increasing housing densities.

The adopted Wichita-Sedgwick County Comprehensive Plan, titled the Community Investments Plan, identifies the site as located within the Established Central Area. The Established Central Area generally consists of the downtown core area and mature neighborhoods surrounding it in a roughly three-mile radius. The Comprehensive Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “residential,” which includes a range of housing densities and types includes, but is not limited to, single- family detached homes, semi-detached homes, zero lot line units, patio homes, duplexes, townhouses, apartments and multi-family units, condominiums, mobile home parks, and special residential accommodations for the elderly (assisted living, congregate care and nursing homes). Elementary and middle schools, churches, play-grounds, small parks and other similar residential-serving uses are located in these areas.

RECOMMENDATION: Staff recommended to the applicant that the property be rezoned as a Planned Unit Development. Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED.

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This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: North of the site is the McLean Boulevard right-of-way and the Arkansas River with the Arkansas River Path and a single-family residence. West and south of the subject site is SF-5 residential and developed with single-family detached dwellings. East of the site is zoned GC General Commercial and is developed with a one-story office building.

2. The suitability of the subject property for the uses to which it has been restricted: The property is currently zoned SF-5 Single-Family Residential, TF-3 Two-Family Residential, and B Multi- Family Residential. The mix of residential uses allowed by current zoning is suitable for the neighborhood based on the surrounding context and community plans.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The Planned Unit Development (“PUD”) zoning District could potentially create increased traffic on residential streets that have parking on both sides that reduces through traffic down to one lane. Introduction of the PUD could allow development to encroach into the established residential neighborhood west of the site.

4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: This is an up-zoning which does not result in a loss or hardship to the applicant compared to the existing zoning.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested zoning change is not consistent with the Delano Neighborhood Plan.

The requested rezoning is partially consistent with the Wichita-Sedgwick County Comprehensive Plan, named the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three-mile radius. The Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “residential,” The Comprehensive Plan’s 2035 Wichita Future Growth Concept Map identifies this location as “residential,” which includes a range of housing densities and types .

6. Impact of the proposed development on community facilities: Existing public water and sewer at the site would accommodate uses under the proposed PUD zoning. The requested rezoning would allow for a mix residential and office uses. The existing infrastructure would be able to accommodate any increased demand.

KATHY MORGAN, PLANNING STAFF: presented the staff report. She stated that the case was heard at DAB VI on April 21, 2021, but had a denial recommendation with a vote of 6-3

DEB FOSTER: I was concerned about parking, but you addressed that.

GREENE: You brought up that bicycle parking be required. Why was this included?

MORGAN: Based on the bicycle/pedestrian/transit plan. We are trying to make the neighborhoods more walkable and friendlier to alternate modes of transportation.

WARREN: What was the discussion about at the DAB meeting that caused the recommendation for denial?

MORGAN; Because of the encroachment of the PUD into an established neighborhood. There were concerns about parking. They were concerned that the recommendation was opposed to what the Delano Plan recommended of keeping that residential.

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BRIAN LINDEBAK, MKEC ENGINEERING, 411 N WEBB RD, AGENT FOR THE APPLICANT: This is a PUD. 60 percent of the property is being used by the business. The remaining part of the land is being used as rentals. This office building was built in 1969. He provided an overview of the history of the commercial uses on the site which included a discussion of previous variances that were granted that addressed parking concerns. The current owner has seen growth in their business and wish to expand their business and add parking. This property did go before Development Review in 2017. The committee reviewed and recommended a PUD for the site. The PUD text states it is GO zoning, which is transition zoning between the GC on the east and the SF-5 on the west. There are other buildings along McLean that have transition zoning of GO. Not all the properties along McLean are residential. This parcel will conform to the Delano Overlay. We agree with all staff comments. In response to the DAB recommendation, we ask that if this case is approved by MAPC that the following uses be deleted from the PUD text: neighborhood swimming pool, heliport, hotel, motel, marine facility. This request is a way to bring this property in compliance with the zoning code.

DAVID AND KRISTINA DICKERSON, APPLICANTS: I started a clinic for children with special needs five years ago. This case allows me to expand my business. In planning for this, we began purchasing property near this office for parking and more treatment space. If we are unable to continue at this location, we will view this as a hardship. The majority of this block is used commercially right now. We have the houses as rentals, which we maintain.

We provide physical therapy, speech therapy, and occupational therapy. We have grown from 80 children a week to over 300 children a week. We would like to expand into a nearby building and then eventually connect the buildings to add treatment space. We want to add parking to the block specifically to keep parking off the street.

WARREN: You mentioned items that you initially allowed, but now want to delete from the PUD. What were those?

LINDEBAK: Neighborhood swimming pool, heliport, hotel, motel, marine facility which are allowed by right under General Office zoning. These are not compatible with the PUD at this time. By deleting these items, this should make it more palatable to the neighborhood and the DAB.

MCKAY: Would you be willing to change the language of the PUD allow the stated four or five specific uses in the PUD description? These are the uses that are currently happening here. There are a lot more uses allowed by the PUD than what is actually going on at the site right now. My point is that the DAB turned it down. What might soften it is if you only have the PUD allow the 4-5 uses as stated in the description.

LINDEBAK: The PUD statement does give guidance as to what would be generally allowed here. We expect that this site will continue to be mixed development with medical, office and residential. We wanted match the wording in the PUD with how the site has been used historically. We are willing to consider deleting other use as proposed by the MAPC. It was specifically mentioned during the DAB that they didn’t want a hotel, which is why we took that out. We want to allow some of the other uses that aren’t currently happening for possible future redevelopment since we are close to a commercial development at Seneca and McLean. The base zone of the PUD is GO General Office. What I did is list all of the uses permitted in GO except those that are restricted by the Delano Plan. We are want to keep it as consistent with what the General Office zoning district allows for the ease of staff to enforce in the future.

GREENE: There is residential as part of this request. The adjacent residential is to the west. Have there been any issues or problems brought up by the nearby residences with what is going on at this facility?

LINDEBAK: I have not heard of any issues from the owner.

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DICKERSON: When the signs were put up, I had a couple of the neighbors who called. One of them thought that this was what we should be able to do with the property. One of the home owners came across and asked, so I explained that we wanted to add parking to avoid parking on the street. That home owner appreciated it. The neighbors have been pretty supportive of what we do. Once we understand our mission, they get behind us. We don’t make it hard for them to get behind us. We keep the property neat and try to keep parking off the street. We try to be good neighbors. The residential properties have been allowed to deteriorate. We plan to invest and rehab the houses to make the neighborhood a better place.

VINCENT HANCOCK, VICE PRESDIENT OF THE DELANO NEIGHBORHOOD ASSOCIATION. These comments don’t represent the association as a whole, but it does cover some of the views that I have received information. He presented information from citizens in the area about how this street has become a speed zone and how this development will be detrimental to the neighborhood. I thank the Commissioner for noticing that the PUD is allowing more than what is being used on the site. There was a major miscommunication with how this case changed from a CBD case to PUD case and was deferred. Wrong letters were sent out anyway. We invited the agent to come to our neighborhood meetings in April and May. He never did. The wording of the application is vague. We finally got specific information at the DAB Meeting last night. The governing bodies approved the Delano plan which identifies specific areas for commercial. This site is not in there. We ask you to honor the plan. We think the uses being allowed under GO should be simplified to those that are being done right now.

GREENE: The GO zoning district and the Delano overlay district, are these uses listed approved in the Delano district?

HANCOCK: They are approved in the GO zoning. The plan identifies where certain uses and zoning classification should be. This area should be residential. The applicant have been good neighbors. We do appreciate them as neighbors.

LINDEBAK: On the land use map, the Dodge side of the property has commercial uses suggested. It also suggests residential. We are looking for support for this reasonable request. We can talk about reduced use if necessary.

DICKINSON: I would have been happy to attend the neighborhood meeting to share our plans for expansion. We intend to invest money into the houses to clean them up and increase their values. We want to continue to serve these children and their families.

DEB FOSTER: It was stated that by reducing the uses, it could make it more difficult for staff to enforce, can you speak to that?

MORGAN: It makes it easier to enforce if the uses are specifically mentioned. Reducing the uses would not necessarily make it more difficult to enforce. Anything outside of the specified uses would require the PUD to be amended and a public hearing process would take place.

WARREN: Move to approve with the removal of the following uses: neighborhood swimming pool, heliport, hotel, motel, marine facility. Many of the rest of the uses are cousins to what is going on with the site right now that would not change the impact to the neighborhood. If we limit it to just what is going on right now that makes it difficult in the future if something new wants to happen. They would have to go through this process all over again. We can protect the neighborhood, but not make it so tight that there is no room to do something else in the future.

MOTION: To approve subject to deleting the following use; neighborhood pool, heliport, hotel, motel and marine facility.

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WARREN moved, GREENE seconded.

MCKAY: I would like to make a substitute motion to limit it to the types of uses that are occurring right now. This what Planned Unit Development is all about. If there are changes, it has to come back through the process.

SUBSTITUTE MOTION: To approve subject to restricting the uses to the following: SF-5; Office, General; Medical Facility; Multi-Family; Duplex; and Parking, Commercial.

MCKAY moved, J JOHNSON seconded.

WARREN: You should add, group home, group residence, church, day care, nursing home. Why would we eliminate these? They don’t change the nature of the area.

MCKAY: There is not enough land to do any of those and do what is already being done on the site. This is a small piece of ground. We need to make it more compatible. The smaller list is more compatible with the neighborhood.

NICKS: Does this make it more palatable to the Delano Neighborhood group. It sounds like it does.

WARREN: Can we add Church?

MCKAY: How can you add a church on two 50 foot by 140 foot lots?

GREENE: Somewhere down the road, structures could be removed and then new uses could be built within the confines of the PUD that could have a 4-5 story building that meets the requirements of the Delano Overlay.

MCKAY: Building requirements would not allow a 6 story structure. The way hear it that they are going to expand their uses to two more buildings. This leaves only 2 more buildings because the rest is all parking.

WADLE: Can you clarify what use can be allowed? If SF-5 is permitted, it is a legal requirement to include Group Home.

LINDEBAK: Can we add daycare, accessory apartment, and personal improvement and personal care services? These are compatible uses to what is going on here.

MCKAY: Why would you need an accessory apartment?

MORGAN: Depending on what services are going on, you may need someone on-site.

MCKAY: I don’t mind daycare and group home.

There was significant discussion about amending the substitute motion and which uses should or should not be included.

AMENDED SUBSTITUTE MOTION: To approve subject to changing the permitted uses in the PUD to the following: SF-5; Duplex; Multi-Family; Group Home; Office, General; Parking, Commercial; Day Care; Personal Care Services; and Personal Improvement Services.

MCKAY moved, J JOHNSON seconded the motion, and it carried (7-3) WARREN, GREENE, and B JOHNSON opposed.

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4.3 Case No. ZON2021-00012: County Zone Change from RR Rural Residential to SF-20 Single Family Residential on property; generally located within 975 feet east of South 167th Street West and within one-half mile south of West 4th Street (16011 W Shade St).

The East 50 acres of the South half of the Northwest Quarter of Section 22, Township 27 South, Range 2 West of the 6th P.M., Sedgwick County, Kansas plus a 75 foot easement running parallel with the North line of the South half of the Northwest Quarter from the West edge of the above described property to the center of the South Section line except a portion of the Northwest Quarter of Section 22, Township 27 South, Range 2 West of the 6th P.M., Sedgwick County, Kansas, more particularly described as follows: Beginning at the Northeast corner of the South half of the Northwest Quarter of Section 22, Township 27 South Range 2 West of the 6th P.M.; thence with a bearing of S00°49’02” East (basis of bearings is NAD 83 Kansas South Zone) along the East line of the Northwest Quarter, 502.62 feet; thence S88°52’30” West parallel with the North line of the south half of said Northwest Quarter, 173.33 feet; thence N00°49’02” West parallel with the East line of said Northwest Quarter, 502.52 feet to the North line of the South half of said Northwest Quarter; thence N88°52’30” East, 173.33 feet to the point of beginning, subject to temporary Cul- de-sac easement as recorded in Film 2876, Page 6587, and any other easements of record.

BACKGROUND: The applicant/owner is requesting the rezoning of 64.05 acres from RR Rural Residential to SF-20 Single-Family Residential, located one-quarter mile south of West 4th Street North on the east side of North 167th Street West. The owner wants to plat the 64 acres as a residential subdivision on lots less than two acres upon approval of the zoning request.

The property north of the subject site zoned RR and is agricultural use. Property to the east is zoned RR and developed as two residential subdivisions with single-family residences on lots ranging from two (2) to seven-and-one-half (7.5) acres. South of the subject site is RR, used for agriculture, and the undeveloped Pike Addition, which is zoned SF-5 Single-Family residential and located within the Wichita city limit. West of the site is zoned RR and has a mix of single-family residences, manufactured homes and agricultural land.

CASE HISTORY: In January 2020, the applicant initially submitted a sketch plat (SUB2020-00004) for 20 lots ranging in size from two to five acres. On January 30, 2020, the Subdivision Committee indicated that the subdivision was not in conformance with the Comprehensive Plan and requested the applicant file a zone change to SF-20 Single-Family Residential to allow one-acre lots. A revised sketch plat was approved May 28, 2020 subject to a zone change to SF-20 which reduced the minimum lot size to one acre as requested by the Subdivision Committee and which increased the number of lots from 20 to 35 lots.

On March 25, 2021, the Subdivision Committee reviewed the preliminary plat and discussed: street connectivity required by the Subdivision Regulations, the future street connection to the south, County Fire Department’s need for two points of access, the option of a siren-activated gate to meet Fire Code and maintenance of the gate, the platting of a Reserve for the emergency gate, and retaining the turnaround at the east end of the plat. The Subdivision Committee approved the preliminary plat subject to these issues being resolved between the applicant and the neighbors prior to final plat submission. This should result in a connection to the east being shown on the final plat.

ADJACENT ZONING AND LAND USE: NORTH: RR Agricultural land SOUTH: SF-5 Single-family residences EAST: SF-5 Single-family residences WEST: SF-5 Agricultural land

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PUBLIC SERVICES: West 4th Street North and North 167th Street West are paved, arterial streets with a 60-feet rights-of-way. The subdivision will have access to North 167th Street West and possibly West 4th Street from Reece Street on the east boundary of the subdivision development. The property is located within the Sedgwick County Rural Water District 4. The property will developed with on-site water and sewerage facilities.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, identifies the area as being designated “Wichita Urban Growth Area” and is located within three miles of the boundary of the Wichita City Limit. Determination of growth direction and amount in based upon municipal political consideration, anticipated population growth, efficient patterns of growth, current infrastructure limitations, cost effective delivery of future municipal services and environmental factors.

The applicant is not requesting annexation.

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: The surrounding properties are two acres or larger and are zoned RR and are developed with single-family residences and agricultural uses.

2. The suitability of the subject property for the uses to which it has been restricted: The property is presently undeveloped, zoned RR Rural Residential, and can be developed with residential dwellings on lots that are larger than two acres.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The change in zoning will allow the property to be developed with less than two acre lots which would increase the number of dwelling units.

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 as being designated “Wichita Urban Growth Area” and is located within three miles of the boundary of the Wichita City Limit. The Urban Growth Area is based upon municipal political consideration, anticipated population growth, efficient patterns of growth, current infrastructure limitations, cost effective delivery of future municipal services and environmental factors.

5. Impact of the proposed development on community facilities: Development of the property with the requested zoning will require contact with the Metropolitan Area Building and Construction Department to comply with standards for on-site sewerage facilities and approval of water wells.

KATHY MORGAN, PLANNING STAFF: presented the staff report.

DEB FOSTER: 1) On the plat, to the south, there is a road connection to the future development which is currently not there. Is that correct? 2) Have these people signed a waiver for annexation or can we ask that they do so? 3) This is 65 acres with 35 lots. We are looking at 35 sewage lagoon?

MORGAN: That is a correct, but that is a platting issue that has not been determined at this point. The zone change is independent of that. Regarding annexation. I will let Neil answer about annexation.

NEIL STRAHL, PLANNING STAFF: It was asked if they wanted to annex. They have no desire to annex the property. Public works did request a no protest for future water and sewer.

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FOSTER: Can we require a no protest for annexation? I don’t want this to be an island with Wichita surrounding it.

MORGAN: Regarding sewer, it does not have to be a lagoon. There can be an anlysis done to determine if they could so septic or some type of other technology. What type of sewer provided is dealt with during the building permit process.

B JOHNSON: Didn’t we initially see this with larger proposed lots?

MORGAN: The Subdivision Committee suggested that they come with a zone change to SF-20 for smaller lots.

DAN GARBER, GARBER SURVEYING, 544 W DOUGLAS, AGENT FOR THE APPLICANT. The staff report is correct. A sketch plan was submitted to the Subdivision Committee with 5 acre lots initial. They asked to adjust the lot sizes to change to an SF-20 zone. We made it up to 35 lots. The sketch plan was brought back to the Subdivision Committee and was approved. A preliminary plat was approved. We will proceed with application for rural water. Each lot will be analyzed to determine if they can use septic or lagoon sewer. We agree with the staff report.

MOTION: To approve subject to staff recommendation.

B JOHSON moved, MCKAY seconded the motion, and it carried (10-0).

There was an issue with public comment getting involved in the meeting and whether or not it can be heard since the formal motion was moved and approved. Ilene Covey spoke up after the motion and asked if they could comment.

KIRK SPONSEL, ASSISTANT COUNTY COUNSELOR: I would like to confer with JEFF VANZANDT on this how to handle this procedurally. My opinion is that you have already made the formal recommendation.

ILENE COVEY: This is an important topic. This was a technology issue. If it was in person that would be different.

WARREN: I think we need to figure out a way for them to be heard. We cannot let technology get in the way. Do we have the right to reconsider a vote?

B JOHNSON: This is a County case which will go before the Board of County Commissioners. If we open it back up, what if the applicant got off the line and won’t be able to respond to what these people say?

MCKAY: We heard this preliminary plat. Most people to the east of this site talked to the Subdivision Committee.

GREENE: Yes the primary concern was this plat adjoining the plat to the east. This discussion today is about land use and not the platting of the property. So the discussion about bringing in that connection to the east will not be done today.

WADLE: The County Commission would hear this case if it is a non-consent item. In order to make it a non-consent item, then official protests need to be filed after the Planning Commission during the protest period.

There was a phone discussion with Jeff Vanzandt and Kirk Sponsel about the how to handle this

Page 34 of 40 April 22, 2021 Metropolitan Area Planning Commission Minutes procedurally. Jeff Vanzandt was not able to connect into the meeting to provide this comment.

SPONSEL: There is an opportunity for the Commission to hear it. In order to do so, the Commission would have to make a motion to set aside the prior motion which would allow them to hear any outside comments on the case.

MOTION: To set aside the previous action.

WARREN, moved. GREENE seconded. Motion FAILED (4-10). B JOHNSON, MCKAY, DOOL, NICKS, J JOHNSON, and FLORENCE opposed.

4.4 Case No. ZON2021-00013: City Zone Change from LC Limited Commercial to GC General Commercial on property; generally located 200 feet north of West Kellogg Drive, 1900 feet west of South West Street (4646 W Kellogg).

Lot1, Toys “R” Us Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a zone change from LC Limited Commercial to GC Generally Commercial for a 3.6 acre parcel at 4646 West Kellogg, which is generally located 200 feet north of West Kellogg and within one-half mile west of South West Street. This site was previously occupied by Baby’s “R” Us. Except for an occasional seasonal retail outlet, the site has remained vacant since the previous store went out of business. GC General Commercial does permit outdoor storage subject to supplementary use regulations in Section III-D.6.dd, which state that outdoor storage and/or baling of junk, scrap, paper, bottles, rags, or similar materials is prohibited. Because all properties surrounding this site are zoned either commercial or industrial, there are no screening or landscaping requirements.

Property immediately to the north, east, and west of the site is zoned LC with CUP DP-71 and is Towne West Square, an entrance drive, and associated parking respectively. Properties farther west and east are a mix of LC and LI Limited Industrial zoning with retail, bank, hotel, and office use. Properties to the south are zoned LC and LI and are a restaurant and an emergency clinic.

CASE HISTORY: In 1988, the property was platted as the Toys “R” Us Addition.

ADJACENT ZONING AND LAND USE: North: LC Towne West Square South: LC & LI Restaurant and Emergency Clinic East: LC & LI Entrance Drive, Retail Stores West: LC & LI Parking, Retail, Office, Hotel

PUBLIC SERVICES: Access to the site off of South Young Street, which is a paved, four-lane private drive. South Young Street can be accessed from West Kellogg Drive on the south or West Taft Avenue, which becomes a private drive access road inside the mall property. There are no sidewalks present on any of the public rights-of-way or private drives. Public water and sewer already serve the existing building.

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/Employment Mix. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity business use, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.”

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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. 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.” The area including Towne West Square and surrounding commercial properties has struggled economically and has experienced a high rate of vacancy. New commercial development such as this 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 subject to Protective Overlay #369.

Protective Overlay #369 1. All outdoor storage shall be screened from ground level view. 2. A site plan illustrating the area of outdoor storage and required screening shall be submitted to the Planning Department for review and approval within 90 days of approval of the zone change.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property immediately to the north, east, and west of the site is zoned LC with CUP DP-71 and is Towne West Square, an entrance drive, and associated parking respectively. Properties farther west and east are a mix of LC and LI Limited Industrial zoning with retail, bank, hotel, and office use. Properties to the south are zoned LC and LI and are a restaurant and an emergency clinic.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned LC Limited Commercial and formerly was a “big box” retailer. The site is suited for uses within the LC Limited Commercial zoning district.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request would allow development and provide economic opportunity in the area. GC General Commercial is not an unreasonable request due to the presence and proximity of more intensive LI zoning nearby.

4. Length of time subject property has remained vacant as zoned: Except for a seasonal retail outlet, the building has been vacant for at least two years.

5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship. Denial would represent a loss of economic opportunity to the applicant or property owner. Approval would represent gain for the applicant and provide new economic opportunity by providing potential jobs and services to the community in an areas which has experienced recent economic hardship with loss of businesses.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for New Residential/Employment Mix. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity business use,

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residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.”

7. Impact of the proposed development on community facilities: Approval of the request should generate no additional impacts on community facilities. Existing public infrastructure at the site will accommodate uses under the proposed GC zoning.

MOTION: To approve subject to staff recommendation.

WARREN moved, MILES seconded the motion, and it carried (9-0).

4.5 Case No. ZON2021-00014: City Zone Change from SF-5 Single Family Residential to LC Limited Commercial to permit restaurant; generally located on the north side of West 13th Street and within one- block west of North McLean Boulevard (2202 W 13th Street).

Beginning at the Southwest corner of the Southwest Quarter of Section 7, Township 27 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas; Thence East 1,664.83 feet to an iron for a point of beginning; thence with an angle to the left of 90° for a distance of 62.3 feet; thence with an angle to the right of 28°37’30” for a distance of 232.06 feet; thence East parallel with the South line of Said Section 7, a distance of 158.65 feet more or less to the West right of way line of McLean Boulevard as condemned in Case No. B-285; Thence Southwesterly 300 feet to a point on the South line of Section 7, 117.67 feet East of the point of Beginning; thence West 117.67 feet to the point of beginning.

BACKGROUND: The applicant is requesting a zone change from SF-5 Single Family Residential to LC Limited Commercial for a 0.84 acre parcel at 2202 West 13th Street North, which is generally located on the north side of West 13th Street and within one-block west of North McLean Boulevard. The purpose of the request is to permit restaurant as a use. The property consists of three buildings. Two buildings are located at the rear of the property - a single family dwelling and a detached garage. The third building directly fronts West 13th Street, and is the building the applicant wants to redevelop into a restaurant. County records indicate it was constructed in 1922. The applicant intends to keep the single family dwelling and detached garage as they are now. The site would consist of two different uses. However, both restaurant and residential uses are permitted within the LC Limited Commercial district.

The applicant desires to develop the site as a restaurant as permitted in Limited Commercial (which does not restrict the size or the ability to have a drive-thru). The applicant would also like the ability to have the option of using the site for retail.

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Staff recommends a protective overlay in order to meet the needs of the applicant’s desire to develop the property and minimize negative impacts to surrounding properties. The protective overlay would restrict the uses on the site to those permitted by-right in the NR Neighborhood Retail zoning district except permit restaurant as allowed in Limited Commercial. Restaurant is permitted in NR Neighborhood Retail, but it is restricted to 2,000 square feet in size and does not permit drive-thru or drive-up services (Section III-D.6.t of the Unified Zoning Code).

Property to the north and west are zoned B Multi-Family residential and are apartments and a medical service building. Property to the east is zoned GO General Office with office uses. Property to the south, across West 13th Street, is zoned GO and is undeveloped.

CASE HISTORY: The property is unplatted. The request for the zone change does not trigger a requirement to plat the property. However, the Subdivision Regulations state that a remodel that is greater or equal to 30 percent may trigger the requirement. This is handled through the building permit process with the Metropolitan Area Building and Construction Department.

ADJACENT ZONING AND LAND USE: North: B Apartments South: GO Undeveloped East: GO Offices West: B Medical Service

PUBLIC SERVICES: Access to the site off of West 13th Street North, which is a pave, four-lane arterial with sidewalks on both sides. Public water and sewer already serve the existing building.

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 “Commercial”. This category is described in part as follows: “Encompasses areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. Convenience retail, restaurants, small offices, and personal service uses are located in close proximity to, and potentially mixed with, residential uses.”

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 Neighborhood Hub within an Area of Stability by the Places for People Plan. A neighborhood hub is defined as “a commercial or mixed-use hub of less than 40,000 square feet, primarily occurring on one to two blocks of the neighborhood, or centered on an intersection. A neighborhood hub provides a range of goods and services that can satisfy the daily needs of the surrounding neighborhoods. Development is of smaller scale, with individual spaces typically less than 2,500 square feet in size…”

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request subject to Protective Overlay #368.

Protective Overlay #368 1. The site shall be restricted to uses permitted by-right in the NR Neighborhood Retail zoning district except Restaurant shall be permitted as allowed in LC Limited Commercial.

This recommendation is based on the following findings:

8. The zoning, uses and character of the neighborhood: Property to the north and west are zoned

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B Multi-Family residential and are apartments and a medical service building. Property to the east is zoned GO General Office with office uses. Property to the south, across West 13th Street, is zoned GO and is undeveloped. Though there is commercial zoning present, it is less intensive than Limited Commercial and the immediate area is predominantly residential in use. This includes the single family residence on the subject lot. The protective overlay permits retail services and a restaurant use that are more compatible with the surrounding area than full Limited Commercial zoning.

9. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 and is developed with a single family home. In the past, the building fronting West 13th Street was in retail or other small commercial uses. A zone change is required in order to be in compliance with the Unified Zoning Code. The zone change request allows the property to continue to function as it has in the past, but in compliance with the zoning code.

10. Extent to which removal of the restrictions will detrimentally affect nearby property: The request for Limited Commercial could introduce a number of uses that would not be compatible with the surrounding residential uses, including the single family residence on the subject lot. The Projective Overlay restricting the uses to those in NR Neighborhood Retail, except for allowing the restaurant use to function as in Limited Commercial, will minimize negative impacts with the surrounding area while providing the opportunity for in-kind development with the nearby GO General Office.

11. Length of time subject property has remained vacant as zoned: The site has been developed in its current state since the 1920s.

12. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship. Denial would represent a loss of economic opportunity to the applicant or property owner. Approval would represent gain for the applicant and provide new economic opportunity with a business that serves the surrounding area, which is considered a gain for public health, safety, and welfare.

13. 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 “Commercial”. This category is described in part as follows: “Encompasses areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. Convenience retail, restaurants, small offices, and personal service uses are located in close proximity to, and potentially mixed with, residential uses.”

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 Neighborhood Hub within an Area of Stability by the Places for People Plan. A neighborhood hub is defined as “a commercial or mixed-use hub of less than 40,000 square feet, primarily occurring on one to two blocks of the neighborhood, or centered on an intersection. A neighborhood hub provides a range of goods and services that can satisfy the daily needs of the surrounding neighborhoods. Development is of smaller scale, with individual spaces typically less than 2,500 square feet in size…”

14. Impact of the proposed development on community facilities: Approval of the request should

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generate no additional impacts on community facilities. Existing public infrastructure at the site will accommodate the proposed use.

PHLIP ZEVENBERGEN, PLANNING STAFF: presented the staff report. He mentioned that this case was heard at DAB 6 on April 21. The DAB recommended approval with a 9-0 vote. He also mentioned that that comments he received from the public were concerns about a traffic making left-turns onto 13th Street, whether or not the restaurant would serve alcohol, and if there was space for a drive-thru.

NICKS: Regarding the building to the west. Does it have to be used for medical? Can it have any other use because it has been sitting vacant for some time?

ZEVENBERGEN: It is zoned B Multi-Family. This is the first zoning classification that medical services is permitted. It can be used for Multi-family, duplexes, single family, as well as some public and civic uses.

DEB FOSTER: The way this is written will allow a drive thru, correct?

ZEVENBERGEN: Correct.

NICKS: Is there space to put a drive through around the building?

ZEVENBERGEN: At the DAB meeting, the agent spoke about how the applicant would like the opportunity to have a drive through if the property was ever redeveloped in the future. The intention is not to have one right now because there is no space for one, which would require platting. If they tried to put in a drive-thru right now, they would have to comply with minimum queuing spaces. If there is not enough space for that, they would have to get a variance.

CHARLIE BROWN, PEC, 303 SOUTH TOPEKA, AGENT FOR THE APPLICANT: The owner plans to do a minor remodel to the existing building to add ADA compliant restrooms. There will only be 3-4 tables which would seat 12-15 people. There is no room for a drive through right now. The owner would like to the opportunity to add a drive through in the future if he were to redevelop the site. On-site parking will be added to the east of the building. The applicant owns a BBQ food truck that wants a brick and mortar presence. The applicant is in support of staff’s recommendation.

MCKAY: Since there is a corner of the property that touches McLean, can they put a driveway there?

ZEVENBERGEN: With the property being platted there is not access control. I would think Traffic Engineering would be able to review it anyway. Typically, arterials have access control.

MCKAY: I am asking because this could be a secondary way for fire to access the property.

MOTION: To approve subject to staff recommendation.

DEB FOSTER moved, NICKS seconded the motion, and it carried (10-0).

5. NON-PUBLIC HEARING ITEMS

6. Other Matters/Adjournment

Planning Commission adjourned.

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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 ______, 2021.

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

METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2.1 MAY 6, 2021

STAFF REPORT

CASE NUMBER: SUB2020-00066 – CAMDEN HILL ADDITION (City)

OWNER/APPLICANT: 143rd & 21st LLC, Attn: Joshua Smith, PO Box 340, Andover, KS 67002

SURVEYOR/AGENT: Baughman Company, 315 Ellis Street, Wichita, KS 67211

LOCATION: East Side of North 143rd Street East, 1000 feet north of East 21st Street North (District II)

SITE SIZE: 9.51 acres

NUMBER OF LOTS Residential: 29 Office: Commercial: Industrial: __ Total: 29

MINIMUM LOT AREA: 5,750 square feet

CURRENT ZONING: RR Rural Residential

PROPOSED ZONING: SF-5 Single-Family Residential ______VICINITY MAP

SUB2020-00066 -- Plat of CAMDEN HILL ADDITION May 6, 2021 - Page 2

NOTE: This unplatted site is located in the County adjoining Wichita’s boundary and annexation is requested. The site is currently zoned RR Rural Residential and will be converted to SF-5 Single-Family Residential upon annexation.

STAFF COMMENTS:

A. As this site is adjacent to Wichita’s municipal boundaries, the applicant proposes annexation to the City of Wichita. Upon annexation, the property will be zoned SF-5 Single-Family Residential and allow for the lot sizes being platted. The final plat shall not be scheduled for City Council review until annexation has occurred.

B. City of Wichita Public Works and Utilities Department requires the applicant to extend water (distribution) and sewer (laterals) to all lots. Water transmission and sewer main fees are due. Special service fee for RWD# 5 may be required.

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 [email protected] and [email protected].

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. Instead of a contingent dedication for public uses, Reserve F shall include an emergency access as included in the adjoining plat to the east and the plattor’s text needs corrected. The emergency access within Reserve F shall be established by separate instrument or the plattor’s text shall state: “The emergency access surface, gating apparatus and sign installation shall meet the minimum standards required by the City of Wichita Fire Department. The Developer shall be responsible for the installation of the surface, gating apparatus and sign within the emergency access opening area. The Lot Owners Association shall be responsible for the continued maintenance of the emergency access opening area. The City of Wichita is hereby granted the right to enter upon such premises at any time for the purposes of constructing, maintaining, and repairing such emergency access opening.”

G. City Stormwater Management has approved the drainage plan.

H. Traffic Engineering has approved the access controls. The plat proposes one street opening along 143rd Street.

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

J. The Applicant shall guarantee the paving of the proposed streets to City standards.

K. 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.

L. 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. SUB2020-00066 -- Plat of CAMDEN HILL ADDITION May 6, 2021 - Page 3

M. 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.

N. City Public Works advises the Grading Note shall be corrected to read, “No regrading within abutting rights-of-way shall be allowed with the construction of the berms allowed within Reserve A. The berms cannot impact access to or bury manholes, water valves and/or water meters.”

O. Since Reserve E includes a swimming pool, a site plan shall be submitted with the final plat for review by MAPD. The site plan shall include the information indicated in the Subdivision Regulations. The design for the pool must be submitted to Environmental Health Division for review prior to issuing a building permit for the pool.

P. Approval of this plat will require a waiver of the lot depth-to-width ratio of the Subdivision Regulations for Lots 3-15, Block A and Lots 27-29, Block A. 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.

Q. GIS has approved the street names.

R. A note on the final plat indicates that 5-foot minimum interior side yard setbacks are platted for all of the lots. The Zoning Code allows 5-foot side yards on lots up to 6,000 square feet; however six feet is required for larger lots. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

S. The 100-foot pipeline easement includes “(See Note)” however no Note is included referencing the pipeline.

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

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.

U. 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.” SUB2020-00066 -- Plat of CAMDEN HILL ADDITION May 6, 2021 - Page 4

V. 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.)

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

X. 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.

Y. 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.

Z. 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.

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

BB. 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.

CC. Evergy will need to request additional easements. Kevin Rieschick, Subdivision Representative, will be the contact for this plat and can be contacted at 261-6217. Any relocation or removal of service due to this plat will be at the applicant’s expense.

DD. 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]).

E:\Projects\Camden Hill Addition_\Plat\Drawings\Camden Hill_OSF.dwg

”

” ” CAMDEN HILL ADDITION WICHITA, SEDGWICK COUNTY, KANSAS ONE-STEP FINAL PLAT Page 1 of 2 CAMDEN HILL ADDITION 315 Ellis St. Wichita, KS 67211 316-262-7271 BAUGHMAN COMPANY BaughmanCo.com Apr. 7, 2021 E:\Projects\Camden Hill Addition_\Plat\Drawings\Camden Hill_OSF.dwg CAMDEN HILL ADDITION WICHITA, SEDGWICK COUNTY, KANSAS ONE-STEP FINAL PLAT

Δ Page 2 of CAMDEN HILL ADDITION 315 Ellis St. Wichita, KS 67211 316-262-7271 BAUGHMAN COMPANY 0 Date of Topography: May 20, 2019 Date of Preparation: April 12, 2021 Contour Intervals = 1 Foot Scale: 1" = 40' BaughmanCo.com 40 80 Apr. 7, 2021 METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2.2 MAY 6, 2021

STAFF REPORT

CASE NUMBER: SUB2021-00017 – MONARCH LANDING 5th ADDITION (City)

OWNER/APPLICANT: Monarch Landing Rentals LLC, Attn: Paul Gray, 2024 North Woodlawn Boulevard, Suite 200, Wichita, KS 67208

SURVEYOR/AGENT: Baughman Company, P.A., Attn: Kris Rose, 315 Ellis, Wichita, KS 67211

LOCATION: North Side of East 21st Street North, 800 feet West of North 159th Street East (District II)

SITE SIZE: 6.7 acres

NUMBER OF LOTS Residential: 16 Office: Commercial: Industrial: __ Total: 16

MINIMUM LOT AREA: 10,500 square feet

CURRENT ZONING: LC Limited Commercial

PROPOSED ZONING: Same ______VICINITY MAP

SUB2021-00017 – Plat of MONARCH LANDING 5th ADDITION May 6, 2021 - Page 2

NOTE: This is a replat of the Monarch Landing 4th Addition consisting of boundary shifts resulting in two additional lots. The site is subject to the Monarch Landing Community Unit Plan (DP-303). The applicant proposes residential units.

STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department advises that water distribution will have to be extended and water transmission in-lieu-of-assessment fees will apply for Lots 1-16, Block A. Lots 13- 15, Block A have access to sanitary sewer laterals. Lots 1-12, Block A will have to extend sanitary sewer laterals. Existing specials will be spread on a square foot basis in absence of a respread agreement. A 20-foot easement for sanitary sewer is required in Reserve “D” and in between Lots 15 and 16, Block A.

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 Stormwater Management has approved the drainage plan.

D. The plat proposes one street opening along 21st Street North. Traffic Engineering has approved the access controls.

F. The Applicant shall guarantee the paving of the proposed streets. In accordance with the Subdivision Regulations, the cul-de-sac must meet the minimum 35-foot paved radius requirement.

G. Due to the platting of a 32-foot residential street in a commercial zoning district, a restrictive covenant is needed limiting the site to residential uses and the appropriate residential standards.

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

I. The Applicant needs to request a CUP adjustment as the CUP parcel boundaries do not correspond with the area being platted.

J. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP and its special conditions for development on this property.

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

L. City Environmental Health Division advises that any wells installed on the property for irrigation purposes will have to be properly permitted and inspected.

M. The plattor’s text shall state, “Compliance with any platted restrictions and applicable restrictive covenants affecting said Reserves shall be binding on any owners, successors, heirs or assigns.”

SUB2021-00017 – Plat of MONARCH LANDING 5th ADDITION May 6, 2021 - Page 3

N. 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

O. 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.

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 Grading Plan Certificate.”

Q. The plattor’s text shall delete reference to sidewalks for the street, drainage and utility easements.

R. 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 A. The berms cannot impact access to or bury manholes, water valves and/or water meters.”

S. 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.

T. GIS requests the street be denoted as “E 21ST ST N”.

U. The applicant includes a Note that 5-foot interior side yard setbacks are platted for all of the lots which represents an adjustment of the Zoning Code standard of six feet for residential uses. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

V. The vicinity map does not match the portion being platted.

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. SUB2021-00017 – Plat of MONARCH LANDING 5th ADDITION May 6, 2021 - Page 4

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.

DD. Evergy will need to request additional easements. Kevin Rieschick, Subdivision Representative, will be the contact for this plat and can be contacted at 261-6217. 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]). ONE-STEP FINAL PLAT MONARCH LANDING 5TH ADDITION WICHITA, SEDGWICK COUNTY, KANSAS

0 50 100

Scale: 1" = 50' Date of Preparation: April 12, 2021 Date of Topography: March 3, 2015 Contour Intervals = 1 Foot

MONARCH LANDING 5TH ADDITION Mar. 31, 2021 BAUGHMAN COMPANY 315 Ellis St. Wichita, KS 67211 316-262-7271 BaughmanCo.com E:\Projects\Monarch Landing 5th Addition_\Plat\Drawings\Monarch Landing 5th_OSF.dwg Landing Addition_\Plat\Drawings\Monarch 5th Landing E:\Projects\Monarch METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2.3 MAY 6, 2021

STAFF REPORT

CASE NUMBER: SUB2021-00021 – N. HILLMAN ADDITION (County)

OWNER/APPLICANT: Nic Hillman, Hillman Investments LLC, 125 West 5th Avenue, Cheney, KS 67025

AGENT: Certified Engineering Design, P.A., Attn: Logan Mills, 1935 West Maple, Wichita, KS 67213

SURVEYOR: Armstrong Land Survey, P.A., 1601 East Harry, Wichita, KS 67211

LOCATION: Northeast corner of South 375th Street West and West 47th Street South (County District 3)

SITE SIZE: 66.27 acres

NUMBER OF LOTS Residential: 6 Office: Commercial: Industrial: __ Total: 6

MINIMUM LOT AREA: 10 acres

CURRENT ZONING: RR Rural Residential

PROPOSED ZONING: Same ______VICINITY MAP

SUB2021-00021 -- Plat of N. HILLMAN ADDITION May 6, 2021 - Page 2

NOTE: This is unplatted property located in the County. It is designated as “Small City Urban Growth Area” by the Community Investments Plan 2015-2035. It is located in the Cheney Urban Area of Influence.

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. In accordance with the Urban Fringe Development standards, since this plat is located within the Cheney 2035 Urban Growth Area, the subdivider shall contact the City of Cheney to determine the feasibility of connecting the proposed subdivision to city facilities. If feasible, then the subdivision shall be connected to the city’s sewer and/or water system in accordance with that city’s standards.

The City of Cheney advises they have a natural gas utility available at the northern edge of this plat and would provide a natural gas utility to the plat upon request by the developer or homeowners. The City currently provides natural gas to the homes north of this plat. The City has no future plans to provide sewer or water to this location at this time.

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

D. County Stormwater advises the applicant needs to submit a drainage plan for review.

E. The plat denotes four access openings along 375th Street and two access openings along 47th Street. County Public Works requests shared access openings for both Lots 1 and 2, and Lots 3 and 4 along 375th Street West. The two access openings for Lots 5 and 6 should be spaced such that the openings meet the current Access Management Standards for rural settings or combined as a joint access opening at their mutual lot line.

The Subdivision Committee approved the plat subject to individual openings for Lots 1-4 with a minimum of 350 feet between openings. A revised plat is needed prior to the MAPC Meeting.

F. The preliminary plat denotes the location of a pipeline crossing Lots 5 and 6. The Applicant should provide proof that the easement for this pipeline as included in the platting binder has been confined. A recorded copy of the confinement of the easement shall be submitted.

G. Approval of this plat will require a waiver of the lot depth-to-width ratio of the Subdivision Regulations for Lots 1-4. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width.

H. In accordance with the Kansas Wetland Mapping Conventions under the Memorandum of Understanding between the United States Department of Agriculture - Natural Resources Conservation Service; United States Environmental Protection Agency; United States Army Corps of Engineers (USACE); and United States Fish and Wildlife Service, this site has been identified as one with SUB2021-00021 -- Plat of N. HILLMAN ADDITION May 6, 2021 - Page 3

potential wetland hydrology. The USACE should be contacted (316-322-8247) to have a wetland determination completed.

I. It is recommended the plat show the 20-foot Floodway Reserve Agreement abutting and adjoining the plat on the north. Recorded on Film 1462, Page 1594.

J. County Surveying advises the existing road right of way width and dimensions to existing monuments shall be shown along with the recording data. The legal description is accurate; do not change to reflect the existing road right of way.

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

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

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

N. 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.

O. 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.

P. 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.

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

R. 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.

S. 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.

T. 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]). EX 35" x 24" CMPHE FL (W) = 1358.59 FL (E) = 1358.58 FL (N) = 1347.78 FL (S) = 1347.87

SEC. 16-T28S-R4W

SW COR SW1/4

NW COR EX 24" CMP

SW1/4 M 2612.49' N00°45'03"W

M 1156.95' N00°45'03"W M 1455.55' N00°45'03"W

S 375TH ST W FO FO FO FO

FO FO

FO BLK HILLS

FO FO

FO AT&T

FO BLK HILLS AT&T

FO BLK HILLS

FO BLK HILLS AT&T AT&T

FO FO BLK HILLS AT&T FO M 439.27' N00°45'03"W

FO BLK HILLS BLK HILLS BLK HILLS AT&T AT&T

40' R/W BLK HILLS BLK HILLS AT&T AT&T AT&T AT&T AT&T

FO X AT&T AT&T

X AT&T AT&T

AT&TX AT&TX

M 399.04' S45°09'39"E 399.04' M X X AT&T M 1517.87' N00°45'03"W X X AT&T X

X 399.31' 399.31' BM 319.94' 399.31' 1348 IDEATEK FIBER

AT&T 1346 1360

FO gas BLACK HILLS FL (S) = 1359.58 FL (N) = 1359.57 EX. 24" RCP EX. DRIVE ENTRANCE FOR

AT&T ONEOK SUBSTATION ONEOK SUBSTATION

313.30' 1344 1360 FIBER GAS PIPELINE

M 396.86'

1350

AT&T

W 47TH ST S

1358

IDEATEK FIBER M 416.56' S15°51'14"E 416.56' M

HILLMAN, DARREN C & ADRIANNE A

AT&T gas

1350

FO AT&T S01°52'06"E 461.80' M

UNPLATTED

AT&T 401.80' 734.83'

X FO ONEOK PIPELINE

M 1237.13' N88°13'30"E AT&T gas

M 1297.14' S88°13'30"W 1360 FO

X TREE (TYP.)

1237.08' N88°55'13"E

1236.96' N88°51'57"E

1237.13' N89°14'25"E

410.63'

FO 1248.47' S83°02'50"E 1248.47'

AT&T

M 1297.62' S88°05'34"W

1362 M 900.76' S88°05'34"W gas

X FO 1360

AT&T

921.09' FO

X 1368

BEBENSEE, DOUG & LYNNE

1364 FO 1366 AT&T 1358

M 2594.28' N88°13'30"E M 2595.24' N88°05'34"E gas

UNPLATTED

1356

FO 1356

AT&T

FO 513.64'

491.29' 1370

AT&T gas

1358 ENTRANCE EX. MOUND

AT&T

FO DRIP LINE M 1042.08' S00°45'03"E 413.15' 406.22' 400.48' NE COR 487.49' W1/2 SW1/4 842.15' M 1567.42' N00°45'03"W BRIDWELL, DOUG P & DANA L

SE COR W1/2 SW1/4 M 2609.50' S00°45'03"E

30' R/W

UNPLATTED 1354

W 47TH ST S

SEBITS FAMILY FARM LLC

UNPLATTED

SW1/4 NE COR

SW1/4 SE COR M 2606.60' N00°46'11"W C.A.C. - Complete Access Control M - Measured distance D - Deed distance BASIS OF BEARING NAD'83 KS SOUTH - 3/4" iron pipe found - "LS-780" capped rebar set - #4 rebar found N. HILLMAN ADDITION SEC. 16-T28S-R4W

SW COR SW1/4

NW COR

SW1/4 M 2612.49' N00°45'03"W

M 1455.55' N00°45'03"W

S 375TH ST W M 1156.95' N00°45'03"W M 399.04' S45°09'39"E 399.04' M M 1517.87' N00°45'03"W

399.31' 399.31' BM

319.94' 399.31' 313.30'

M 396.86'

W 47TH ST S

M 416.56' S15°51'14"E 416.56' M M 461.80' S01°52'06"E 461.80' M

UNPLATTED

401.80' 734.83'

M 1237.13' N88°13'30"E

1237.08' N88°55'13"E

1236.96' N88°51'57"E

1237.13' N89°14'25"E

410.63' 1248.47' S83°02'50"E 1248.47'

M 1297.62' S88°05'34"W

M 900.76' S88°05'34"W

921.09'

M 2594.28' N88°13'30"E

M 2595.24' N88°05'34"E

UNPLATTED 513.64'

491.29'

413.15' 406.22' 400.48' NE COR 842.15' 487.49' W1/2 SW1/4

SE COR W1/2 SW1/4 M 2609.50' S00°45'03"E

UNPLATTED

W 47TH ST S

UNPLATTED

SW1/4 NE COR

STAFF REPORT

CASE NUMBER: SUB2021-00022 – SOUTH RANGE LINE ADDITION (County)

OWNER/APPLICANT: Mark and Michelle Lewis, 416 Richard Road, Goddard, KS 67052

AGENT/SURVEYOR: Savoy Company, P.A., 433 South Hydraulic, Wichita, KS 67211

LOCATION: North side of West 23rd Street South, one-half mile west of South 231st Street West and on the Northwest corner of West 23rd Street South and South 231st Street West (County District 3)

SITE SIZE: 13.9 acres

NUMBER OF LOTS Residential: 3 Office: Commercial: Industrial: __ Total: 3

MINIMUM LOT AREA: 1.7 acres

CURRENT ZONING: RR Rural Residential

PROPOSED ZONING: Same ______VICINITY MAP

SUB2021-00022 -- Plat of SOUTH RANGE LINE ADDITION May 6, 2021 - Page 2

NOTE: This is unplatted property located in the County. It is designated as “Rural Growth Area” by the Community Investments Plan 2015-2035.

STAFF COMMENTS:

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. The final plat shall state that “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 applicable City or County Engineer) and shall be unobstructed to allow for the conveyance of stormwater in accordance with the Stormwater Manual.”

D. County Stormwater has approved the drainage plan.

E. The plat denotes two access openings along 23rd Street South including an existing ingress-egress easement for Lot 1, Block B, and a proposed joint ingress-egress easement for Lot 2, Block A. One access opening has been denoted along 231st Street. County Public Works has approved the access opening for Lot 1, Block A along 231st to be located at a 400-foot offset from the intersection. A 40- foot opening is preferred at this location. The access opening for Lot 1, Block B along 23rd Street should be limited to the east 20 feet of the lot to align with the existing shared ingress/egress easement. Access controls along 23rd Street for Lots 1 and 2, Block A are approved as shown on the face of the plat.

F. The joint ingress-egress easement shall be established by separate instrument. Initial construction responsibilities and future maintenance of the driveways within the easements should also be addressed by the text of the instrument.

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

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

I. County Surveying advises that the Ingress/Egress easements along the east line of Lot 1, Block B need located with respect to the plat boundary.

J. County Surveying advises the legal description needs corrected. The first tract, third line from the top, “Commencing…” should be “Beginning...” The third tract, sixth line from the bottom, “Commencing…” should be “Beginning…” and the eighth line from the bottom, “Section 25” should be “Section 35.”

K. County Surveying advises the dimension on the most westerly south line of Lot 1, Block A needs corrected.

L. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. SUB2021-00022 -- Plat of SOUTH RANGE LINE ADDITION May 6, 2021 - Page 3

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

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

”

SAVOY COMPANY, P.A.

Savoy Company, P.A.

433 S. Hydraulic, Wichita, KS 67211-1911

Land Surveyors

FAX (316) 265-0275 www.savoyco.com PH (316) 265-0005

”

SAVOY COMPANY, P.A.

Savoy Company, P.A.

433 S. Hydraulic, Wichita, KS 67211-1911

Land Surveyors

FAX (316) 265-0275 www.savoyco.com PH (316) 265-0005 AGENDA REPORT NO. 3-1 METROPOLITAN AREA PLANNING COMMISSION May 6, 2021

STAFF REPORT

CASE NUMBER: VAC2021-00016 - City request to vacate a portion of a platted 30-foot front yard setback

APPLICANT/AGENT: Robert and Wendy McKinzie (owners/applicants), Savoy Company PA c/o Mark Savoy (agent)

LEGAL DESCRIPTION: Generally described as vacating north 3 feet 4 inches of the platted 30-foot front yard setback located on the south side the Lot 5, Block J, Callhan Addition, Wichita, Sedgwick County, Kansas (see site plan)

LOCATION: Generally located six blocks west of South Tyler Road, two blocks north of West Kellogg Street on the northeast corner of West Belview Avenue and South Keith Avenue (640 South Keith Avenue, WWC #IV).

REASON FOR REQUEST: Proposed basement egress window wells

CURRENT ZONING: The site, all abutting and adjacent properties are zoned SF-5 Single Family Residential

VICINITY MAP:

VAC2021-00016 - City request to vacate a portion of a platted 30-foot front yard setback on property generally located west of South Tyler Road, north of West Kellogg Street on the northeast corner of West Belview Avenue and South Keith Avenue May 6, 2021 Page 2

The applicants propose to vacate the north 3 feet 4 inches of the platted 30-foot front yard setback located on the south side of the SF-5 Single Family Residential zoned corner lot; Lot 5, Block J, Callahan Addition, 640 South Keith Avenue. The applicants propose to install two three-foot four inch (x) four-foot eight inch basement egress window wells. The proposed vacated area is only per the length of the south side of the single-family residence.

The UZC Unified Zoning Code establishes a corner lot’s front yard setback along its shorter street frontage, which in this case is the subject site’s West Belview Avenue frontage: UZC Sec.III, E.1e.6. Although the front of the house faces South Keith Avenue the corner lot’s platted 30-foot front yard setback runs parallel to its south property line, which abuts and runs parallel to West Belview Avenue. West Belview Avenue is a paved two lane residential collector street at this location. South Keith Avenue is a paved two lane local residential street at this location. The subject corner lot’s platted 30-foot front yard setback exceeds the UZC’s 25-foot minimum front yard setback standard for the SF-5 zoning district. If approved the vacation request would not encroach into UZC’s 25-foot minimum front yard setback. The Callahan Addition was recorded with the Register of Deeds August 19, 1954.

Evergy has no objection, but has noted that it has street light lines, power lines and poles in this section of the West Belview Avenue right-of-way. Richard Aitken is the Evergy contact for this case; 316-261-6334. Cox has no objection but has noted that it has equipment on Energy’s pole(s). Condition #2 cover Evergy, Cox and all public and franchised utilities. There has been no objections from utilities. There are no existing encroachments into the subject site’s setbacks.

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 April 15, 2021, 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 platted front yard setback, 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 the portion of the platted 30-foot front yard setback as described in an approved legal description. The proposed vacated area is only per the length of the south side of the single-family residence. Provide Planning with the approved legal description on a Word document via E-mail for use on the Vacation Order. This must be completed prior to the case going to City Council for final action.

(4) Per MAPC Policy Statement #7, all conditions shall 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 Sedgwick County Register of Deeds.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following (but not limited to) conditions:

(4) Per MAPC Policy Statement #7, all conditions shall 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 Sedgwick County Register of Deeds. Attachments Water, Sewer & Stormwater Site Plan

AGENDA REPORT NO. 3-2 METROPOLITAN AREA PLANNING COMMISSION May 6, 2021

STAFF REPORT

CASE NUMBER: VAC2021-00017 - City Vacation of a platted 20-foot street side yard setback

APPLICANTS: Wesley Medical Center (applicants/owners) S & ME, c/o Jeff Conar (agent)

LEGAL DESCRIPTION: Generally described as vacated an approximately 173-foot long section of all of the platted 20-foot street side yard setback located on the west side Lot 1, Wesley Medical Center Addition, Wichita, Sedgwick County, Kansas; see attached legal description.

LOCATION: Generally located on the northeast corner of East Central Avenue and North Hillside Avenue (550 North Hillside Avenue, WCC I)

REASON FOR REQUEST: To remove an existing encroachment and to construct an addition to the hospital

CURRENT ZONING: GO General Office

VICINITY MAP:

VAC2021-00017- City request to vacate a portion of platted 20-foot street side yard setback on property generally located on the northeast corner of East Central Avenue and North Hillside Avenue. May 6, 2021 Page 2

The applicant is requesting the vacation of a 173.56 – 173.82-foot long portion of a platted 20-foot street side yard setback to zero feet. The subject setback is located on the west side of Lot 1, Wesley Medical Center Addition, which is zoned GO General Office. The purpose of the vacation is to remove an existing encroachment of 14.74 feet and to allow additional construction onto Wesley Medical Center, which is located on the northeast corner of East Central Avenue and North Hillside Avenue; 550 North Hillside Avenue.

The UZC Unified Zoning Code establishes a corner lot’s front yard setback along its shorter street frontage, which in this case is the subject site’s East Central Avenue frontage: UZC Sec.III, E.1e.6. The subject corner lot’s street side yard setback (it’s west side) runs parallel to North Hillside Avenue, a four lane arterial with a center turn lane.

The UZC’s minimum street side yard setback standard for the GO zoning district is 15 feet, which is less than the subject corner lot’s platted 20-foot street side yard setback. If approved the request would reduce the platted 20-foot street side yard setback to zero feet, per an approved legal description. If the 20-foot street side yard setback was not platted the applicant could have applied for a variance to reduce it to the proposed zero feet. However, because the setback is platted an approved vacation request could establish the street side yard setback at zero feet.

The Wesley Medical Complex development is located on multiple plats. The GO zoned subject corner lot is unique in its configuration for this development and to the other properties located along the East Central – North Hillside Avenues’ intersection. The subject lot is one of the three largest lots in the area. Adjacent and abutting GO, LC Limited Commercial, GC General Commercial and PUD Planned Unite Development zoned subdivisions’ lot sizes and configurations are not unique to this area and their setbacks are per the UZC’s minimum standards or are platted as 20 to 35 foot setbacks. Staff could find no zero setbacks. In observation with other reductions of portions of this setback, approval may not adversely affect the rights of adjacent property owners or residence; see NOTES.

Evergy has no objection, but has noted that it has street light lines, power lines and poles in this section of the North Hillside Avenue right-of-way. LaDonna Vanderford is the Evergy contact for this case; 316-261-6490. There is water, sewer and drainage lines in the North Hillside Avenue right-of-way. Stormwater requests an eight to 10-foot drainage easement. Conditions #2 and #4 cover Evergy and all public and franchised utilities. There has been no objections from utilities. The request will not encroach into the North Hillside Avenue right-of-way, therefore it will not encroach into the sidewalk as sidewalks are typically, including this site, located in the public street right- of-way. The Traffic Engineer has determined that the request would not pose vehicular sight interference. The Wesley Medical Center Addition was recorded with the Register of Deeds August 12, 1969.

NOTE: Various other portions of this platted 20-foot street side yard setback have been reduced for previous expansions. In 1992 V-1764 vacated a portion of the platted 20-foot setback. In 1998 V-2137 vacated a portion of the subject setback and BZA26-00098 was a variance that further reduced the platted 20-foot street side yard setback to 9 feet. BZA2015-00035 was a variance that reduced the platted 20-foot street side yard setback to 6 feet.

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:

2. That no private rights will be injured or endangered by vacating the described portion of the platted street side yard setback, 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) Provide Planning staff with an approved legal descriptions of the vacated portion of the platted street side yard setback on a Word document, via e-mail, to be used on the Vacation Order. This must be provided to Planning prior to the case going to Council for final action.

(3) The Traffic Engineer would need to determine if the request would pose vehicular sight interference.

(4) Provide Planning with any required easement(s) dedicated by separate instrument(s) with original signatures for recording with the Register of Deeds; Stormwater requires a dedication of a drainage easement by separate instrument. All original dedications will go with the Vacation Order to City Council for final action and filling with the Sedgwick County Register of Deeds.

(5) Per MAPC Policy Statement #7, all conditions shall 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 (but not limited to) conditions:

(3) The Traffic Engineer would need to determine if the request would pose vehicular sight interference.

Attachments: 1. Water, Stormwater, Sewer 2. Site Plan 3. Legal description (needs to be revised)

AGENDA REPORT NO. 3-3 METROPOLITAN AREA PLANNING COMMISSION May 6, 2021

STAFF REPORT

CASE NUMBER: VAC2021-00018 - City Vacation of a portion of a platted 70-foot street side yard setback

APPLICANTS: 21st Street Custard, LLC, c/o Doug Malone (applicants/owners) Baughman PA, c/o Russ Ewy (agent)

LEGAL DESCRIPTION: Generally described as vacating a 38.08-foot wide portion of the north 35 feet of the platted 70-foot street side yard setback located on a south portion Lot 4, Block 1, Tallgrass East Commercial Addition, Wichita, Sedgwick County; see attached legal description.

LOCATION: Generally located 380 feet east of North Webb Road on the north side East 21st Street North (9750 East 21st Street North, WCC II)

REASON FOR REQUEST: To facilitate building on the undeveloped site

CURRENT ZONING: LC Limited Commercial with Community Unit Plan CUP DP-168 overlay

VICINITY MAP:

VAC2021-00018- City request to vacate a portion of platted 70-foot street side yard setback on property generally located 380 feet east of North Webb Road on the north side of East 21st Street North. May 6, 2021 Page 2

The applicant is requesting the vacation of a 38.08-foot wide portion of the north 35 feet of the platted 70-foot street side yard setback. The subject setback is located on the south side of Lot 4, Block 1, Tallgrass East Commercial Addition, running parallel to East 21st Street North Street. East 21st Street North is a four lane arterial road with a center turn lane and merging lanes at this location/intersection. The purpose of the vacation is to facilitate commercial building on the undeveloped site.

The LC Limited Commercial zoned subject site is located approximately 380 feet east of North Webb Road on the north side East 21st Street North; 9750 East 21st Street North. The subject site is part of the Community Unit Plan CUP DP-168 overlay. The plattor’s text of the Tallgrass East Commercial Addition states that “Building setbacks are per the requirements of the Tallgrass East Commercial Community Unit Plan DP-168.” The UZC Unified Zoning Code requires a minimum 35-foot setback from all street right-of-ways and alleys for nonresidential CUPs; UZC Sec.III.C.2.(b) (2) (a) 1). The CUP setback standards exceed and override the LC zoning districts setback standards of 20 feet for a front yard setback and 10 feet for a street side yard setback; UZC Sec.III.B.14.d.(3) and (6).

The applicant’s request equals the minimum 35-foot setback from all street right-of-ways and alleys for nonresidential CUPs. The subject site’s 70-foot setback is unique for commercial and residential development along the North Webb Road and East 21st Street North intersection.

Evergy has no objection, but has noted that it has power lines and poles in the area of vacation area along the East 21st Street North right-of-way. LaDonna Vanderford is the Evergy contact for this case; 316-261-6490. There is a 10-foot sanitary sewer easement located in the south 10 feet of the subject setback. Water and sewer lines are located in the East 21st Street North right-of-way. Conditions #2 and #3 cover Evergy and all public and franchised utilities. There has been no objections from utilities. The Tallgrass East Commercial Addition was recorded with the Register of Deeds February 22, 1989.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from Public Works, Stormwater, Water and Sewer, Traffic, Fire, 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 platted building setback.

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:

2. That no private rights will be injured or endangered by vacating the described portion of the platted street side yard setback, 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:

(4) Adjust CUP DP-168 to reflect the vacated portion of the subject setback, referencing the final action on VAC2021-00018.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following (but not limited to) conditions:

(4) Adjust CUP DP-168 to reflect the vacated portion of the subject setback, referencing the final action on VAC2021-00018.

Attachments: 1. Water, storm water, sewer 2. Site Plan 3. Legal description

AGENDA ITEM NO. 4.1

STAFF REPORT MAPC May 6, 2021 DAB III May 3, 2021

CASE NUMBER: ZON2021-00006 & CON2021-00014

APPLICANT/AGENT: Wichita Material Recovery, LLC and Hollico, LLC (owner/applicant) K.E. Miller Engineering, Kirk Miller (Agent)

REQUEST: LI Limited Industrial

CURRENT ZONING: B Multi-Family and GC General Commercial

SITE SIZE: 0.77 acre

LOCATION: 1,200 feet East of South Broadway Avenue and one block north of East Lincoln Street at the northeast corner of St. Francis Avenue and East Morris Street (624 E. Morris Street)

PROPOSED USE: Expand existing business

BACKGROUND: The applicant requests LI Limited Industrial zoning and a conditional use. The LI zoning request applies three (3) platted parcels, approximately 0.77 acres, and generally located 1,200 feet East of South Broadway Avenue and one block north of East Lincoln Street. The applicant wants to change the zoning to allow for the expansion of the existing business, Wichita Material Recovery, located at 624 East Morris Street. Below is a table that identifies the existing zoning, existing land uses, and requested zoning changes.

Location Size Current Zoning Current Use Requested Conditional Use Zoning Requested? Northeast 0.3268 GC General Vacant LI Limited Yes, for indoor corner of Acres Commercial Industrial recycling Morris St. and St. Francis Ave.

2 lots at the 0.32 Acres B Multi-Family Vacant LI Limited Yes, for indoor Southeast Industrial recycling corner of Morris St. and St. Francis Ave. Southwest 0.163 Acres GC General Warehouses LI Limited Yes, for indoor corner of Santa Commercial Industrial recycling Fe Ave. and Morris St. (1101 S. Santa Fe Ave.)

Properties south and west the subject site are zoned B Multi-Family developed with single-family residences and GC General Commercial and are developed with a range of commercial uses including warehouse/office, storage, and service garage. North and east of the subject is LI.

CASE HISTORY: In April 1876, the B zoning lots were platted as the Orme and Phillips Addition. The GC zoned lot was platted in January, 1887, as the Elliott Addition In June 2010, an application was approved for a conditional use (CON2010-00022) to allow indoor recycling on LI zoned property located at 624 E. Morris.

ADJACENT ZONING AND LAND USE: North: LI Miscellaneous manufacturing South: B, GC Single-Family dwellings, warehouse/office/storage East: LI Miscellaneous manufacturing West: B Single-Family dwellings

PUBLIC SERVICES: All three properties have access to East Morris Street, a paved two-lane local street (70-feet Right-of-Way). Two of the properties have access to South St. Francis Avenue, a south-bound one-way, paved, arterial street (80-feet Right-of-Way) with access to East Lincoln Street, a four-lane paved arterial street (60-feet Right-of-Way) with travel in both directions. The site is served by all typical municipal services.

CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan’s Future Growth Concept Map identifies the recommended future land use as “Industrial”. The plan defines industrial areas as those that “reflect the full diversity of industrial development intensities and types typically found in a large urban municipality. Centers or concentrations

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 2 of manufacturing, warehousing, distribution, construction, research, and technology are located in close proximity to highways and airports and may have rail service. Industrial uses associated with the extraction, processing or refinement of natural resources or recycling of waste materials typically are located along rail lines. Businesses with negative impacts associated with noise, hazardous emissions, visual blight, and odor typically are buffered from Residential Uses by Commercial Uses.” In addition, the Comprehensive Plan identifies the site as being located within the Established Central Area, where an urban infill plan is recommended.

The Wichita: Places for People Plan, the urban infill plan for Wichita, does not have specific recommendations for this location, but does recommend that the City encourage infill and redevelopment that is contextual to the environment in which it is occurring.

The South Central Neighborhood Plan (adopted in 2002), includes a future land use map. The map recommends two of the proposed rezoning sites to be industrial land use, and the requested rezoning of these sites does conform to the plan. However, the map recommends that the site at the southeast corner of Morris Street and Saint Francis Avenue be medium density residential. The requested rezoning of this site to GI General Industrial does not conform to this plan recommendation.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request for the zone change and conditional use, subject to the following conditions:

Location Size Current Zoning Current Use Zone Change Conditional Use Northeast 0.3268 GC General Vacant LI Limited Yes, for indoor corner of Acres Commercial Industrial recycling Morris St. and St. Francis Ave.

2 lots at the 0.32 B Multi- Vacant Staff Yes, for ancillary Southeast Acres Family recommends B parking and corner of Multi-Family landscape/screening Morris St. and on the south property St. Francis line. No recycling Ave. allowed Southwest 0.163 GC General Warehouses LI Limited Yes, for indoor corner of Acres Commercial Industrial recycling Santa Fe Ave. and Morris St. (1101 S. Santa Fe Ave.)

1. The Conditional Use shall permit the indoor collection, dismantling, salvaging, baling, and shredding of computers, appliances, equipment and machinery. No outdoor recycling shall be permitted. No vehicles, whether operable or inoperable, shall be salvaged at this site. 2. A limited amount of outdoor storage of palletized and baled recycled material shall be permitted within the screened and fenced area on the northeast corner of the site (along Santa Fe Avenue). This outdoor storage shall not be visible from ground level view, including that no part of it shall be allowed to exceed the height of the fenced storage area. 3. The site shall be developed and operated in compliance with all of the conditions of UZC, Art III, Sec. III-D.6.e, including the use of approved fencing or wall materials, and the approved site plan.

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 3 The site plan shall be revised to provide screening around outdoor storage and processing areas and the building may be used as the screening in other locations. This revised site plan shall be submitted within 90 days. The site shall be operated in compliance with all other City Codes. 4. Employee parking spaces shall be provided per the UZC on an area paved with asphalt or concrete. 5. Stored materials, containers or bales shall be stored on a paved surface approved by the Office of Central Inspection. 6. A revised site plan addressing the conditions of approval and all Code requirements shall be approved by the Planning Department prior to the beginning of the operation. The building on the southeast corner of St. Francis and Morris Street shall be moved to the north property line with parking in the rear of the building. 7. No scrap materials, computers, appliances, equipment or machinery waiting to be processed shall be visible from ground-level view from any public right-of-way or abutting properties. 8. Storage of all of scrap materials (computers, appliances, equipment or machinery etc., including bales of the just mentioned) waiting to be processed and the containers they are stored in shall organized and be installed in an orderly manner, including an exposed perimeter, as specified by Environmental Services to prevent rodent harborage and breeding. 9. The applicant shall maintain at all times an active program for the eradication and control of rodents. 10. Weeds shall be controlled within the subject property and adjacent to and along the outside perimeter of the screening fence. 11. Any locking devices on entrance gates shall meet Fire Department requirements. Access to and within the site shall be provided by fire lanes per the direction and approval of the Fire Department. 12. Access to the subject property shall be provided for on-going inspections of the site for groundwater and soil contaminants by Environmental Services and other applicable governmental agencies. If the inspections determine it to be necessary, the applicant shall be required to install monitoring wells and/or perform soil testing on the property to monitor the quality of groundwater and/or soil, and shall pay the cost of an annual groundwater and/or soil test for contaminants as designated by the Environmental Services. 13. Notification shall be given to Environmental Services of any on-site storage of fuels, oils, chemicals, or hazardous wastes or materials. A disposal plan for fuels, oils, chemicals, or hazardous wastes or materials shall be placed on file with Environmental Services. All manifests for the disposal of fuels, oils, chemicals, or hazardous wastes or materials must be kept on file at the site and available for review by the Environmental Services. 14. The applicant shall implement a drainage plan approved the City Engineer prior to the commencement of operations that minimizes non-point source contamination of surface and ground water. 15. The applicant shall obtain and maintain all applicable local, state, and federal permits necessary for the operation of the storage of scrap metal waiting to be processed and storage of the scrap metal bales. 16. Lots 146, 148, 150 and 152, Orme and Phillips Addition shall remain B Multi-Family zoning with a conditional use for ancillary parking with landscape and screening requirements (consistent with UZC requirements where commercial abuts residential) along the south property line to provide a buffer for the single-family residential uses to the south. 17. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties surrounding the subject site are zoned B Multi-Family, GC General Commercial and LI Limited Industrial and are developed with ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 4 single-family residences, warehouse/office/storage uses, and miscellaneous manufacturing.

2. The suitability of the subject property for the uses to which it has been restricted: The existing B Zoning District at the southeast corner of would allow single-family dwellings, duplexes and multi- family development at the southeast corner of South St. Francis Avenue and East Morris Street. The GC zoning district at the northeast corner of South St. Francis Avenue and East Morris Street would not allow for the expansion of Wichita Material Recovery and does not reflect the predominant LI zoning of the block in which it is located. The GC zoned lot at the southwest corner of East Morris Street and South Santa Fe Avenue could continue to be used for commercial purposes.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request would allow the expansion of an existing business and provide redevelopment in an area identified in the Places for People Plan, as an Area of Opportunity; however, it would not support the residential reinvestment identified in the South Central Neighborhood Plan.

4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship. Denial would represent a loss of economic opportunity to the applicant or property owner. The lots on the southeast corner of St. Francis and East Morris have been vacant for approximately seven years.

5. 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, identifies the site as being located within the Established Central Area. The Future Growth Concept Map identifies the area as “Industrial”. Industrial areas reflect the full diversity typically found in a large urban municipality and are located within proximity to highways, railroads, and airports. The Wichita: Places for People, Urban Infill Plan identifies this location as an Area of Opportunity for re-development. Housing prices are slowly rising, but are still much lower than the county-wide average. Some urban pioneers move in, but poverty levels remain relatively high. There is no guarantee the additional investment will occur. There is low pedestrian demand in this area. The South Central Neighborhood Plan identifies this area for housing reinvestment.

6. Impact of the proposed development on community facilities: Approval of the request should generate no additional impacts on community facilities. Existing public infrastructure at the site will accommodate uses under the proposed LI zoning.

Attachments: Zoning Map Aerial Map Land Use Map Comprehensive Plan Map South Central Plan Map Applicant Site Plan Staff Proposed Site Plan

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ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 6

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 7

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 8 Enlarged area from Comprehensive Plan

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 9 South Central Comprehensive Plan

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 10 Applicant Site Plan

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 11 Staff Proposed Site Plan

ZON2021-06 and CON2021-00014 Metropolitan Area Planning Commission Page 12

AGENDA ITEM NO. 4.3

STAFF REPORT MAPC May 6, 2021 DAB IV May 3, 2021

CASE NUMBER: CON2021-00016 (City)

APPLICANT/OWNER: Edward Fernett

REQUEST: Conditional Use request for an Accessory Apartment

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 4.98 acres

LOCATION: Generally located south of West 55th Street South and west of South Seneca Street (1330 West Bones Circle)

PROPOSED USE: Accessory Apartment

BACKGROUND: The applicant is requesting a Conditional Use to build an accessory apartment in the SF-5 Single-Family Residential zoning district. The site is currently developed with a single-family home and an outbuilding. The accessory apartment will be located in an additional detached accessory structure on the south portion of the site, 175 feet west of the principal dwelling.

The Wichita-Sedgwick County Unified Zoning Code (“UZC”) defines an “accessory apartment” (Art. II. Sec. II- B.1.b) as a dwelling unit that may be wholly within, or may be detached from a principal single-family dwelling unit. Accessory apartments are also subject to supplementary use regulation Art. III.Sec.III-D.6.a (1) a maximum of one accessory apartment may be allowed on the same lot as a single-family dwelling unit that may be within the main building, within an accessory building or constructed as an accessory apartment; (2) the appearance of an accessory apartment shall be compatible with the main dwelling unit and with the character of the neighborhood; (3) the accessory apartment shall remain accessory to and under the same ownership as the principal single-family dwelling unit, and the ownership shall not be divided or sold as a condominium and (4) the water and sewer service provided to the accessory apartment shall not be provided as separate service from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services.

Properties on the north, east, south, and west are all zoned SF-5 Single-Family Residential. Property to the north is agricultural land. Properties to the south and east are single family residences. Property to the west is owned by the City of Wichita and is a floodway ditch.

CASE HISTORY: In 2000, the site was platted as part of the Booher 2nd Addition.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Agricultural land SOUTH: SF-5 Single-Family residence WEST: SF-5 City floodway ditch EAST: SF-5 Single-Family residences

PUBLIC SERVICES: West Bones Circle is a gravel, private road platted as Reserve A in the Booher 2nd Addition. South Seneca Street, an arterial street, is located approximately 625 feet east of the subject property. The Booher 2nd Addition has municipal water, but sewer services are on-site.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “Residential” on the Future Growth Map Concept Map. 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.” While this Plan identifies the site for future residential development.

The site is also located within the boundaries of the South Wichita/ Haysville Area Plan, which was adopted in 2002. The plan was conceived as an effort to provide guidance for redevelopment after a tornado went through the area in 1999 in addition to providing guidance for future development in the area. The Future Development Concept Map indicates this area is appropriate for residential development.

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

(1) The accessory apartment shall remain accessory to and under the same ownership as the principal single- family residence (located at South 1330 West Bones Circle) and the ownership shall not be divided or sold as a condominium.

(2) Development of the site shall be in conformance with the approved site plan

(3) The appearance of the accessory structure shall be compatible with the main dwelling unit and with the character of the neighborhood.

CON2021-00016______Metropolitan Area Planning Commission Page 2

(4) The water and sewer provided to the accessory apartment shall not be provided as separate services from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services.

(5) The applicant shall obtain all applicable permits including, but not limited to: building, health and zoning. This will include turning in plans for review and approval by the MABCD for the accessory apartment.

(6) If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void.

This recommendation is based on the following findings:

(1) The zoning, uses and character of the neighborhood: Properties on the north, east, south, and west are all zoned SF-5 Single-Family Residential. Property to the north is agricultural land. Properties to the south and east are single family residence. Property to the west is owned by the City of Wichita and is a floodway ditch. Accessory apartments are permitted within SF-5 Zoning by conditional use and have to meet applicable setbacks. The residential development in the area is on multi-acre lots. Therefore, an additional structure with a dwelling in it will not be out of character with the area.

(2) The suitability of the subject property for the uses to which it has been restricted: The subject site is currently zoned SF-5 which allows the development of single-family residences. The property will continue to be used for one single-family residence and an accessory apartment, if approved. The size of the property easily accommodates an accessory apartment and the additional required parking spaces.

(4) 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 “Residential” on the Future Growth Map Concept Map. 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.”

(5) Impact of the proposed development on community facilities: Community facilities will not be impacted by the accessory apartment located in an additional accessory structure. The property is served by municipal water and a septic field.

Attachments: 1. Aerial Map. 2. Zoning Map, 3. Community Investments Plan Land Use Map, 4. South Wichita/Haysville Area Plan Land Use Map, 5. Site Plan

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AGENDA ITEM NO. 4.4

STAFF REPORT MAPC May 6, 2021 DAB VI May 3, 2021

CASE NUMBER: ZON2021-00016 (City)

APPLICANT/AGENT: Deborah Potter (owner/applicant)

REQUEST: MF-29 Multi-Family Residential

CURRENT ZONING: TF-3 Two-Family and SF-5 Single-Family Residential

SITE SIZE: 0.13 acre

LOCATION: Generally located on the south side of West 18th Street North and west of North Arkansas Avenue (641 W. 18th Street North)

PROPOSED USE: To add a third apartment onto an existing duplex

ZON2021-00016 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant/owner is requesting the rezoning of a property from TF-3 Two-Family and SF-5 Single-Family Residential to MF-29 Multi-Family Residential. The subject property is currently developed with a two-family residential dwelling and located on the south side of West 18th Street North and west of North Arkansas Avenue at 641 W. 18th Street North.

The applicant intends to add an addition to the existing duplex that would be used as a third apartment. The attached site plan indicates that the addition would be located on the south side of the existing duplex and would extend towards the south property line. A recent Administrative Adjustment, BZA2021-00011, has approved a reduction in the rear setback from 20 feet to 12.5 feet to allow the existing duplex and addition to come into compliance with setback standards.

Properties north, south, east, and west of the subject site are zoned TF-3 Two-Family Residential, and developed as a mix of single and two-family residences. The portion of the property that is zoned SF-5 is a remnant of previous zoning that includes North Ferrell Drive and the riverbank. There are dozens of properties zoned MF-29 roughly five blocks to the east at 18th and Wellington Place. There are also several properties zoned LC Limited Commercial two blocks to the west at 18th and Woodland Avenue.

CASE HISTORY: On December 7, 1886, the subject site was platted as part of North River Side Addition. On March 22, 2021, an Administrative Adjustment to reduce the rear yard setback by 50% was approved.

ADJACENT ZONING AND LAND USE:

NORTH: TF-3 Residential Uses SOUTH: TF-3 Residential Uses EAST: TF-3 (SF-5) Residential Uses WEST: TF-3 Residential Uses

PUBLIC SERVICES: Both West 18th Street and North Ferrell Drive are paved, local streets. Water and Sewer Utilities are available on site.

CONFORMANCE TO PLANS/POLICIES: The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) recommends the subject site as appropriate for residential uses and defines residential uses as a variety of housing types including multi-family units. The subject site is also located within the Established Central Area.

The Wichita: Places for People Plan provides specific recommendations for the Established Central Area. The vision of the Plan includes creating strong neighborhoods, vibrant centers, and a strong economy through infill reinvestment, walkable design, and housing options. According to the plan, residential development is encouraged in this area, this includes multi-family units. The Places for People Plan recommends that new residential development be designed to be compatible with the surrounding neighborhood.

The requested MF-29 zoning would continue to allow the property to be in conformance with existing plans and policies.

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, south, east, and west of the subject site are zoned TF-3 Two-Family Residential, and developed as a mix of single and two-family residences. The portion of the property that is zoned SF-5 is a remnant of previous zoning that includes North Ferrell Drive and the riverbank. There are dozens of properties zoned MF-29 roughly five blocks to the east at 18th and Wellington Place. There are also several properties zoned LC Limited Commercial two blocks to the west at 18th and Woodland Avenue.

ZON2021-00016 Metropolitan Area Planning Commission Page 2 2. The suitability of the subject property for the uses to which it has been restricted: The subject property is presently zoned TF-3 and SF-5 and is developed with an existing two-family home. The existing two- family home was built in 1930. The area is predominantly zoned TF-3 and there are several duplexes in the vicinity. There are dozens of properties zoned MF-29 roughly five blocks to the east at 18th and Wellington Place. There are also several properties zoned LC Limited Commercial two blocks to the west at 18th and Woodland Avenue. Adding a third unit to the property is not out of character for the area.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The surrounding properties are all zoned TF-3 and the re-zoning of the subject site to MF-29 will not detrimentally affect nearby properties.

4. Length of time the property has been vacant as currently zoned: The subject site currently is developed with a two-family residence.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) recommends the subject site as appropriate for residential uses and defines residential uses as a variety of housing types including multi-family units. The subject site is also located within the Established Central Area.

The requested MF-29 zoning would continue to allow the property to be in conformance with existing plans and policies.

6. Impact of the proposed development on community facilities: Community facilities will not be noticeably impacted by this approval. All utilities are available to the site.

Staff Report Attachments: 1. Aerial Map 2. Zoning Map 3. Land Use Map 4. Site Plan 5. Photos

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Site looking northwest

South of site

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East of site

Site looking south

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West of site

North of site

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AGENDA ITEM NO.

STAFF REPORT Metropolitan Area Planning Commission May 6, 2021

CASE NUMBER: DER2020-00002

APPLICANT/AGENT: Metropolitan Area Planning Department

REQUEST: Recommend to the Wichita City Council approval of the Ordinance creating the Wichita Land Bank, and authorizing the formation of the seven-member Board of Trustees.

SITE SIZE: 166 Square Miles

LOCATION: City of Wichita, Kansas

Advance Plans Recommendation: The Advance Plans Committee recommended approval of the Ordinance creating the Wichita Land Bank (WLB), and authorizing the formation of the seven-member Board of Trustees.

MAPD Staff Recommendation: Metropolitan Area Planning Department staff recommend approval of the Ordinance creating the Wichita Land Bank (WLB), and authorizing the formation of the seven-member Board of Trustees.

Background: On January 20, 2016, the City of Wichita and Sedgwick County adopted the Comprehensive Plan, titled the Community Investments Plan. This plan recommended an Urban Infill Strategy as a means to reverse patterns of abandonment and decline, utilize existing infrastructure and services, and improve the quality of life in areas experiencing disinvestment. This plan identifies the Established Central Area, an area within a three –mile radius of the Wichita downtown core, generally consisting of areas built during or before the 1960’s.

On June 19, 2019, The Wichita: Places for People Plan, 2019 was adopted as an element of the Wichita-Sedgwick County Comprehensive Plan. The plan serves as the Urban Infill Strategy and is focused on the Established Central Area. This plan was developed through a public engagement process that included 41meetings, and a volunteer steering committee. The community vision presented in the plan is for strong neighborhoods, vibrant centers and a strong economy through infill reinvestment, walkable designs, multi-modal transportation systems and increased housing options. One implementation measure recommended in this plan is to establish a Wichita land bank.

Since February 2021, a series of public engagement events have taken place to receive input and answer questions about a draft proposal to create a Wichita land bank. To date the efforts have reached approximately 4,500 people. They include the Facebook town hall event in mid- February 2021, District Advisory Board meetings in March and April 2021, and assorted

DER2020-00002 Metropolitan Area Planning Commission Page 1 community groups including the Transit Advisory Board, Downtown Wichita, Bike/Ped Advisory Group, the Sunrise Rotary Club, Health and Wellness Coalition, Wichita Area Builders Association, Realtors of South Central Kansas, NAI Martens Commercial Real Estate and others. The Facebook town hall had the largest number of participants with 4,332 people reached. Some groups have requested to meet again and discuss further, the issues related to Places for People. The attached summary outlines the groups receiving presentations.

Analysis:

What is a Land Bank? The State of Kansas provides cities and counties the ability to create a land bank for the purpose of getting properties back into productive use. Land banks are established by ordinance and have the ability to abate special assessments and back taxes, manage and maintain properties, sort through ownership and title issues and have a focus on revitalization. Land banks, by state law are prohibited from engaging in eminent domain.

Why is a Land Bank Recommended for Wichita? Community stakeholders have indicated through community plans and meetings a desire to improve vacant, abandoned, and neglected properties. A number of these properties are currently in poor condition because of circumstances such as title issues, lack of clear ownership, tax delinquency and outstanding assessments. This conditions make the property substantially less attractive on the private market and as a result many of the properties have languished for years. These prolonged circumstances of disinvestment are a detriment to any neighborhood and without intervention, there is no reason the situation will change.

What is proposed for a Wichita Land Bank? The proposed ordinance will establish the legal authority for creation of a land bank, and the formation of a seven member Board of Trustees. The Board of Trustees membership will be determined by the City Council with all meetings open to the public. The land bank will operate city-wide, with an emphasis on the Established Central Area (ECA). The acquisition and disposition of property through the land bank will require City Council approval. The draft By- laws, and Policies and Procedures are being drafted at this time and will require the approval of the Board of Trustees and the City Council prior to adoption. It is anticipated the land bank will have limited carrying capacity with targeted and strategic acquisition of property along with a transparent application process. Priorities of the land bank are affordable housing, neighborhood revitalization and open space.

CASE HISTORY: There is no case history on this ordinance.

CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan, adopted in 2015/2016 recommended an Urban Infill Strategy as a means to reverse patterns of abandonment and decline. Out of this came the Wichita: Places for People Plan, adopted in 2019, an amendment to the Community Investments Plan. The Plan serves as the Urban Infill Strategy and is focused on the Established Central Area (ECA), an area that is approximately a three-mile radius of downtown Wichita. One implementation measure recommended in this plan is to establish a Wichita Land Bank.

FINANCIAL CONSIDERATIONS: Approving the Ordinance creating the Wichita Land Bank (WLB)

DER2020-00002 Metropolitan Area Planning Commission Page 2 and authorizing the formation of the seven-member Board of Trustees will require funding from the City of Wichita for staffing and operations in an amount to be determined at a later date.

RECOMMENDATION: It is recommended that the MAPC recommend to the Wichita City Council approval of the Ordinance creating the Wichita Land Bank (WLB), and authorizing the formation of the seven-member Board of Trustees.

ATTACHMENTS:

Ordinance Advance Plans meeting summary of April 22, 2021 Public Engagement Recap Land Bank By-laws DRAFT Land Bank Policy DRAFT

DER2020-00002 Metropolitan Area Planning Commission Page 3 First Published in The Wichita Eagle on ______

DATE

ORDINANCE NO.______

AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF WICHITA, KANSAS, BY CREATING SECTION 31 ENTITLED “WICHITA LAND BANK”.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA,

KANSAS:

SECTION 1. The City Code of the City of Wichita, Kansas, is hereby amended by creating

Title 31 to read as follows:

TITLE 31. – WICHITA LAND BANK

CHAPTER 31.01 - WICHITA LAND BANK

SECTION 31.01.010 – PURPOSE

The Wichita Land Bank is hereby established pursuant to K.S.A. 12-5901 et seq. The Wichita

Land Bank is an independent agency and instrumentality of the City with the primary responsibility and authority to acquire, hold, manage, and convey property, located within the

Established Central Area as defined in the Wichita: Places for People Comprehensive Plan

Amendment of 2019, and other abandoned, tax-foreclosed, or otherwise underutilized or distressed property within the City of Wichita in order to convert such properties to productive use.

SECTION 31.01.020 – DEFINITIONS

For the purpose of this Title the words set forth in this Section shall have the following meanings:

City means the City of Wichita, Kansas. Board means the Board of Trustees of the Wichita Land Bank established pursuant to this Title.

Land Bank means the Wichita Land Bank established pursuant to this Title.

Governing Body means the City Council for the City of Wichita, Kansas.

SECTION 31.01.030 – LAND BANK BOARD OF TRUSTEES; APPOINTMENT, TERMS AND DISSOLUTION

A. There is hereby established a Wichita Land Bank Board of Trustees (“Board”). The Board shall be composed of seven members. Each member of the governing body shall appoint one member who resides in Sedgwick County, Kansas with the goal of having expertise in land development, construction, development finance, real estate sales or marketing, real estate law, neighborhood growth and development, surveying or expertise related to the responsibilities of the Land Bank operation. Members of the Board shall not receive compensation nor shall they be reimbursed for personal expenses.

B. The Board may establish separate neighborhood or city advisory committees on an hoc basis consisting of persons living or owning property within the county, city or neighborhood. In the case of neighborhood advisory committees, the Board shall determine the boundaries of each neighborhood. The Board shall consult with each neighborhood or advisory committee as needed to review the operations and activities of the Land Bank concerning any matter which comes before that particular committee.

C. The term of office of the members of the Board shall be as defined in the City’s Municipal Code.

D. The Board members are subject to Muncipal Code 2.12.010, 2.12.020 and 2.12.030, except as otherwise stated herein.

E. Primary staff support to the Board will be provided by the City Manager or designee. City staff will provide technical and professional support for Land Bank operations.

F. The Land Bank may be dissolved by ordinance of the Governing Body. In such case, all property of the Land Bank shall be transferred to and held by the City and may be disposed of as otherwise provided by law.

SECTION 31.01.040 – LAND BANK BOARD; ORGANIZATION

A. The Board shall select, annually, from its membership, a chairperson, a vice-chairperson and a treasurer.

B. The Board shall fix the time and place at which its meetings shall be held. Meetings shall be held within the City and shall be subject to the Kansas Open Meeting Act, K.S.A. 75- 4317 et seq., and amendments thereto. 2

C. A majority of the Board shall constitute a quorum for the transaction of business. No action of the Board shall be binding unless taken at a meeting at which at least a quorum is present.

D. The members of the Board shall be subject to the provisions of the laws of the State of Kansas which relate to conflicts of interest of city officers and employees, including, but not limited to, K.S.A. 75-4301 et seq., and amendments thereto.

E. Subject to the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., and amendments thereto, if any action at law or equity, or other legal proceeding, shall be brought against any member of the Board for any act or omission arising out of the performance of duties as a member of the Board, such member shall be indemnified in whole and held harmless by the City for any judgment or decree entered against such member and, further, shall be defended at the cost and expense of the City in any such proceeding.

SECTION 31.01.050 –LAND BANK BOARD; POWERS AND DUTIES

The Land Bank Board shall have the following powers and duties:

A. To sue and be sued.

B. To enter into contracts.

C. Recommend to the Governing Body the transfer, sale or acquisition of real property by purchase, gift or devise, and convey any real property, including easements and reversionary interest, and personal property, subject to the provisions of this Section. The Board may accept or refuse to accept any property offered to the Land Bank. The transfer of any property pursuant to this subsection shall not be subject to any bidding requirements and shall be exempt from any provisions of law requiring a public sale.

D. The Board shall assume possession and control of any property acquired by it under this Section and shall hold and administer such property. In the administration of property, the Board shall:

1. Manage, maintain and protect or temporarily use for a public purpose such property in the manner the Board deems appropriate;

2. Work with City staff to compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;

3. Study, analyze and evaluate potential, present and future uses for such property which would provide for the effective reutilization of such property;

4. Plan for and use the Board’s best efforts to consummate the sale or other disposition of such property at such times and upon such terms and conditions deemed appropriate;

5. Work with City Finance Department to establish and maintain records and accounts reflecting all transactions, expenditures and revenues in relation to the Land Bank’s activities, including separate itemizations of all transactions, expenditures and revenues concerning each individual parcel of property acquired.

E. To exercise any other power which may be delegated to the Land Bank by the Governing Body.

F. To exercise any other incidental power which is necessary to carry out the purpose of the Land Bank or this Section.

SECTION 31.01.060 –LAND BANK BOARD; OPERATIONAL REQUIREMENTS.

The Land Bank shall be subject to the following requirements:

A. The Land Bank shall be subject to the provisions of the Cash Basis Law, K.S.A. 10-1101 et seq., and amendments thereto.

B. The budget of the Land Bank shall be prepared, adopted and published as provided by law for other political subdivisions of the State of Kansas. No budget shall be adopted by the Board until it has been submitted to, reviewed and approved by the Governing Body. If the Governing Body elects not to ratify the budget, it must reject the plan in its entirety and remand it back to the Board with specific recommendations for reconsideration.

C. All records and accounts shall be subject to public inspection pursuant to K.S.A. 45-216 et seq., and amendments thereto.

D. The Land Bank shall make an informal and unaudited annual report to the Governing Body on or beforeApril 15 of each year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in each year. Such report shall include an inventory of all property held by the Land Bank, and shall be published in the official city newspaper.

E. The Board, without competitive bidding, may sell any property acquired by the Board at such times, to such persons, and upon such terms and conditions, and subject to such restrictions and covenants deemed necessary or appropriate to assure the property’s effective reutilization. Notice of said sale will be published thirty (30) days prior to the sale.

F. The sale of any real property by the Board, under the provisions of this Section, on which there are delinquent special assessments to finance public improvements shall be 4

conditioned upon the approval of the governing body which levied the special assessments.

G. The Board, for the purpose of land disposition, may cause to be consolidated, assembled or subdivided individual parcels of property acquired by the Land Bank.

H. Pursuant to K.S.A. 12-5909, until sold or otherwise disposed of by the Land Bank, and except for special assessments levied by the City to finance public improvements, any property acquired by the Land Bank shall be exempt from the payment of ad valorem taxes levied by the State of Kansas and any other political or taxing subdivision of the state.

(i) Pursuant to K.S.A. 12-5909(b)Except for special assessments levied by the City to finance public improvements, when the Board acquires property pursuant to this Section, the Sedgwick County Treasurer shall remove from the tax rolls all taxes, assessments, charges, penalties and interest that are due and payable on the property at the time of acquisition by the Board.

(ii) Pursuant to K.S.A. 12-5909(c), property held by the Land Bank shall remain liable for special assessments levied by the City for public improvements, but no payment thereof shall be required until such property is sold or otherwise conveyed by the Land Bank.

(iii) Pursuant to K.S.A. 12-5909(d), the Governing Body may abate part or all of any lien assessments which it has levied on property acquired by the Land Bank. Any lien assessments that are abated shall be removed from the tax rolls by the County Treasurer as of the effective date of the abatement.

I. Any moneys derived from the sale of property by the Land Bank shall be retained by the Land Bank for the purposes and operations thereof; provided, however, that the Board may use all or part of the proceeds from such sale to reimburse the City for delinquent special assessments due on such property.

SECTION 2. This ordinance shall be included in the Code of the City of Wichita, Kansas, and shall be effective upon its passage and publication once in the official city paper.

PASSED by the governing body of the City of Wichita, Kansas, this ______day of

______, 2021.

______Brandon Whipple, Mayor

ATTEST:

______Karen Sublett, City Clerk

Approved as to Form:

______Jennifer Magaña, City Attorney and Director of Law

Advance Plans Committee Summary of Meeting Thursday, April 22, 2021 Meeting is conducted virtually via GoTo Meetings

Attendance AP Committee Members: Bill Johnson, (Chair), Joe Johnson, Bob Dool, Bob Hartman, Cindy Miles, and Ann Fox; Members Absent: Chuck Warren; MAPD staff: Scott Wadle, Mary M. Hunt, Stephen Banks, Matt Williams, Paul Schiffelbein, Jeff VanZandt, Wess Galyon; Other: None;

Discussion Summary

1. The meeting commenced at 10:30am with Chair Bill Johnson welcoming committee members.

2. Mary Hunt welcomed and thanked the Committee members for adjusting their schedules to make room for the meeting today.

3. Scott Wadle, Planning Director introduced the ordinance that would create the land bank. In our commitment to achieving this by the end of May, we are asking the Advance Plans Committee to consider a recommendation to place this ordinance for consideration before the full Planning Commission at the May 6, 2021 meeting. S. Wadle shared that after some discussion, the Board of Trustees for the Land Bank will be seven members appointed by the City Council. Commissioner Fox confirmed that any actions of the land bank will be approved by the City Council.

4. M. Hunt presented information on the land bank including the work of the Land Bank Team. Public engagement started with a Facebook Town Hall event in mid-February along with staff presenting information on the land bank with various civic groups. All of the Distric Advisory Boards have received a similar presentation. The plan is to bring the land bank ordinance to the full MAPC at their regularly scheduled meeting of May 6, 2021, followed by the City Council on May 18, 2021.

M. Hunt reviewed how the Places for People plan came about as a recommendation of the Comprehensive Plan and shared what constitutes a land bank. The tools of the land bank were shared including the abatement of back taxes and some assessments, resolving title and ownership issues, maintenance and management of land bank property with a focus on neighborhood revitalization. She shared that the website currently contains draft versions of the ordinance, by-laws, policies, mission statement and Frequently Asked Questions. The ordinance will do two things: establish the land bank and authorize the formation of a Board of Trustees with a focus on the Established Central Area (ECA), although the land bank may operate anywhere within the City of Wichita. The land bank may purchase, sell or transfer

Advanced Plans Committee Meeting Summary – April 22, 2021 1

property with authorization by the City Council as the land bank will function as an advisory group to the City Council. State law prohibits the use of eminent domain by a land bank.

Priorities of the land bank include affordable housing, retail and commercial activity and open space. The land bank will make quick property transactions with targeted acquisitions, an application process, with all transactions approved by the City Council.

5. Commissioner Fox asked for, and received clarification on some particulars within the Ordinance.

6. S. Wadle shared that staff is currently working with a developer on the application of design standards, as discussion continues on the topic. More information will be forth coming in future meetings.

7. The Advance Plans Committee unanimously recommended the Land Bank Ordinance go forward to the full Planning Commission at the May 6, 2021 meeting.

8. With no further business, the meeting adjourned at 11:06 am.

Advanced Plans Committee Meeting Summary – April 22, 2021 2

Wichita Places for People Land Bank and Zoning Proposals Public Engagement Recap

April 28, 2021

Contents Wichita Places for People Overview ...... 3 Public Input Opportunities ...... 3 Methods of Promotion ...... 3 Events and Presentations...... 3 Land Bank - Overview ...... 4 Frequent Questions – Examples ...... 4 Zoning – Overview ...... 5 Frequent Questions Examples ...... 5 Comments - Examples...... 6 Appendix A: DAB Reports ...... 7 DAB I ...... 8 DAB II ...... 13 DAB III ...... 15 DAB IV ...... 17 DAB V ...... 20 Appendix B: Places for People –Town Hall Questions/Comments & Website feedback ...... 23 Places for People - Zoning (Feb 16, 2021), (4332 persons reached) ...... 23 Comments about the Land Bank from the Facebook Town Hall (Feb 16, 2021) ...... 30 Appendix C: E-Mail, Website and Telephone comments regarding Land Bank ...... 31 Appendix D: Questions and Comments from Group Presentations – March 11-April 13, 2021 ...... 35

Wichita Places for People Overview On June 19, 2019, The Wichita: Places for People Plan, 2019 was adopted as an element of the Wichita- Sedgwick County Comprehensive Plan. The plan serves as the Urban Infill Strategy and is focused on the Established Central Area. This plan was developed through a public engagement process that included 41meetings, and a volunteer steering committee. The community vision presented in the plan is for strong neighborhoods, vibrant centers and a strong economy through infill reinvestment, walkable designs, multi-modal transportation systems and increased housing options. In order to help achieve the community vision, the plan recommends the creation of a Wichita land bank and updates to the zoning regulations.

Public Input Opportunities In November, 2020, the City of Wichita kicked-off a process to collect public input and answer questions about the land bank and zoning proposals. The comments and input are being used to help shape the proposals; and ensure that they meet the community’s vision and goals. To help keep individuals safe during the COVID-19 pandemic, a variety of input methods were used – including social media, virtual meetings, websites and more. Methods of Promotion The following methods of promotion were used to encourage participation in the public input opportunities.

 Bookmarks distributed at Wichita Library locations  Email notice distributions  Facebook posts and Facebook live  Twitter  Inclusion in City Council District newsletters  Mentions at City media briefings  Various presentations to organizations and groups Events and Presentations Below is a listing of many of the events and presentations made related to Places for People implementation since November 2020.

 City Council workshop  Downtown Wichita board  District Advisory Board meetings (6)  Sunrise Rotary Club  Facebook town hall events (2)  Wichita Health and Wellness Coalition  Transit Advisory Board  Wichita Area Builders Association  Bicycle and Pedestrian Advisory Board  Realtors of South Central Kansas –  Wichita-Sedgwick County Metropolitan Government Affairs Committee Area Planning Commission  NAI Martens Commercial Real Estate

Land Bank - Overview The majority of input and comments received about the proposed land bank has been in the form of questions. The majority of input has been in the form of questions. Below are examples of the most frequent questions. Attached to this document are appendices with notes, comments, and questions provided during this phase of public engagement. Frequent Questions – Examples 1. Who and what processes will be used to ensure transparency of the land bank? o The proposed land bank will have a board of trustees – made up of seven members, each appointed by a council member. The board will review proposed applications for property transactions. The board of trustee meetings will be public and all board members will need to abide by the City’s standards related to conflicts of interest. Any property transactions will need to be reviewed and approved by the City Council.

2. Can the land bank use eminent domain and how will properties be acquired? o The State of Kansas provides land banks with the ability to purchase or sell property as well as accept donations of property or convey property. It is important to note the following. . A land bank in Kansas does not have the authority to acquire property through eminent domain. . The proposed Wichita land bank would not have the authority to acquire/accept property or to sell/transfer property, it would make recommendations to the Wichita City Council for the City to take those actions. . The proposal for a Wichita land bank includes draft policies (available at Wichita.gov/land bank) and any property transactions would be reviewed for consistency with those policies.

3. Why is the City of Wichita looking at creating a land bank, what problems does it solve? o Community stakeholders have indicated through community plans and meetings a desire to improve vacant, abandoned, and neglected properties. A number of these properties are currently in poor condition because of circumstances such as title issues, lack of clear ownership, tax delinquency and outstanding assessments. These conditions make the property substantially less attractive on the private market and as a result many of the properties have languished for years. These prolonged circumstances of disinvestment are a detriment to any neighborhood and without intervention, there is no reason the situation will change.

Zoning – Overview The proposal for changes to the Unified Zoning Code has led to multiple robust conversations and questions specific to the proposal and about zoning in general. Below are some examples of comments that we have received and examples of frequent questions. Attached to this document are appendices with notes, comments, and questions provided during this phase of public engagement

Frequent Questions and Examples

1. How are people currently notified about zoning changes and how would this proposal change that? o The type of notification can vary depending on the type of zoning case. In general, the Wichita-Sedgwick County Metropolitan Area Planning Department provides notification about zoning cases in four ways: mailed letters, signs posted on the property, public notices in the newspaper, and through the online MAPC agenda. The Planning Department follows state requirements and MAPC policies for the notifications. More information about notifications can be found in Section B of the Unified Zoning Code (link below) and in the Planning Department sign posting guidance (link below). . https://www.wichita.gov/Planning/PlanningDocument/Zoning%20Code%20for %20Wichita-Sedgwick%20County.pdf

. https://www.wichita.gov/Planning/PlanningDocument/Posting%20Signs%20inst ructions.pdf

o The proposed zoning changes would keep the existing zoning process without changes, and would add additional options for a streamlined process for property owners who wish to have duplex, accessory apartment, small apartment, or single-family house on a compact lot; AND are willing to comply with required design standards. During the zoning proposal discussions, there have been two options for streamlining the public notification process presented: 1) to allow the uses by-right without public notification, and 2) to only utilize one or more signs on the site for seven (7) days for public notification.

2. Why are these zoning changes proposed? o The zoning changes are being proposed to implement community plans by helping to: . encourage development that creates a better environment for walkability; . reduce the timeline for development while ensuring that the development is respectful of the surrounding neighborhood; . provide enhanced flexibility to accommodate different housing types that meet changing community demographics and demand; . make greater use of existing community infrastructure, services, and resources; . boost investment in existing neighborhoods.

3. Will this result in gentrification? o Gentrification occurs when there is a sudden and drastic increase in property values in an area. We do not expect this to occur as the purpose of the land bank is the revitalization of neighborhoods, not render them unrecognizable as they are today. Furthermore, providing opportunities for affordable housing is another goal of the Places for People plan and the mission of the land bank.

Comments – Examples The comments below are general examples that represent what has been discussed during various meetings and events.

 Assumption that the units will be rentals, and declarations against more rentals, concerns about impacts to single family housing

 Have heard that it is a good option and people interested in the program

 A desire for more conversation and questions o Especially related to incentives o Related to short term rentals

Appendix A: DAB Reports Reports from five City district advisory boards are included on the following pages.

DAB I

Interoffice Memorandum

To: Metropolitan Area Planning Department From: Kameelah Alexander, Office of Community Services Subject: Places for People Places for Implementation – Land Bank and Zoning (Presented by Mary Hunt) Date: March 15, 2021 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • On Monday, March 1, 2021, the District 1 Advisory Board and public provided the following feedback. Comments from staff: . You can submit comments at wichita.gov/placesforpeople . We want to know if we are on the right track, are we too aggressive or not aggressive enough with this draft proposal . This conversation started back in 2012 and it called for an urban infill strategy. Tonight discussion is about Zoning & Land banks. The Incentive/Nodes conversation will come later. There was 2016 Comprehensive plan created . The attention is on the Established Central Area (Ridge Road on west, Rock Road on the east, 29th street on the north and 31st street on the south). These areas were built before 1970 and they have a different development strategy . Places for People called for strong neighborhoods, vibrant center and a strong economy through infill reinvestment with a walkable design, multi-modal transportation and housing options . The current Zoning we have works in suburban development well but if you live in a house that is 30 years old you may have to leave your neighborhood for convenience, this plan can help as people age. . This Zoning draft is looking at accessory apartments, duplex development, single-family dwellings/compact lots and townhomes/multi-unit . The current Zoning options do not go away but a developer can look at two options . We are looking to offer a shorter approval options; now it can take 75-90 days just to hear an answer. In exchange of the time frame, we are looking at higher design standards . Accessory units cannot be sold separate from the property . Compact lot benefits helps to get property on smaller lots, they would be single family dwelling and it would enhance the neighborhood . There are two alternatives proposed for the current zoning process (1. By-Right or 2. Administrative Permit). Plan 1 has no public notice. The notification would not be the current sign that we have for development applications. . Most cities have land banks to focus on converting land to some form of productive use. It is generally vacant, abandoned and delinquent on taxes

. The proposed land bank board would have seven members appointed by the elected officials. City Council appoint the Board of Trustees for the land bank from various professional backgrounds . A land bank is not a for-profit entity, they do not make money . Ideally the land bank would want a vacant lot, underutilized property that is not contributing to the neighborhood . The land bank would purchase and sell land to housing/rehab partners. The City Council would have to approve every transaction. . All land bank meetings are open to the public

Questions/Comments from DAB: Q: Do you have the demographics of the 4,000 that filled out the surveys? A: We can go back from the 2019 survey, not sure how detailed the demographics are. It was a citywide survey. Q: When proposing zoning changes, does it affect the entire city? The established central area is a large area. A: It does not, it only affect the established central area. The Zoning process that exist today will still be in place. It is half of the City and it was chose based on how development changed from the 1960’s. Q: We have seen walkable designs and how will you make sure that across the board that the plan is moving the way you envisioned. The walk space is getting smaller and smaller. How will you make sure the plan is moving in the way you envision? A: That is why we are trying to get this. We are trying to make if more enticing because time is more valuable than money for developers. We are looking for feedback on if this aggressive enough or too much. Q: Will these higher design requirements still allow for any of these single-family homes be built by affordable programs like Mennonite, Habitat or Power CDC?

A: They can apply through either process depending on what they want to do.

Q: Will the land bank receive any percentage of property tax from a sale?

A: No

Q: Do you see Wichita looking like the other City like Kansas City, Kansas

A: No, Wichita will not purchase just any land. Q: Where will the community input be on the land bank that looks out for the interest of the City? A: That is a great comment, we will add that in.

Q: The biggest complex this would impact would be a townhome correct? A: Yes, this is not about commercial. Duplex development, compact lots, small-scale apartments (Ex. generally 4 apartments) Q: So large-scale apartments will have to go through the standard process? A: Yes Q: Is there a tracking system to see if there is saturation in an area about duplexes/apartments? A: That is an excellent idea; it is down the line because this has to be approved. Yes, we want to do a comparison and some mapping. Comment: Back to saturation, I think about all the apartment complexes and the community concerns.

Q: When accessing the character of the area, how is the assessment going to go?

A: That area would have to request a rezoning.

Q: Enforcement, yes you have design standards but is this complaint basis to make sure those designs are inline. So that no design gets carried awry. A: We are talking about construction; we do not know how the review of the plans will play out. It would be the building inspectors right now who would look at that. Building permits will be required. Q: How can an assessment go in an area like 17th between Hillside and Oliver? A: (from CSR) It was previously stated at a DAB that no apartments would go south of 16th street in the Fairmount area.

Q: What would be the assessment of an area that started out as residential and now there are duplexes being put in a rapid manner? What is in this plan to help? A: A zoning district changed would be required.

Q: Did I hear that for profit homebuilders would be allowed to buy property from the land bank? A: Yes, the land bank board of trustees would evaluate the development proposal. Comments from DAB: . We want to make sure we do not take away the voice of the homeowner and neighborhood still has a say/voice; so often it looks like the developer over rules the homeowner . With the new development, perhaps the design of the sign to make it bigger and ensuring that there is a way that resonates with the community, well the sign may not be an effective means. The sign is not an effect means. . There is a talk of new development versus redevelopment; there is a key educational factor here. I get the streamlining. Folks need to understand that Place for People is different than a bigger development project. Maybe the sign is a different color and a website that gives information. Signs are often not enough. I would not want the city worry about a big formal mailer versus a post card around Places for People that goes to the surrounding area.

. I like the design concepts for the duplexes to look like single family homes . Government is getting into the real estate business stepping in an competing on foreclosures . There is a concern of the land bank being appointed by the City Council . Some of the proceeds go to the land bank, I am sure some property tax goes back to the land bank and these are some gut concerns that manipulate the market place a bit . We do have to be mindful of what could happen with land banks, we have been talking about ethics. We have to look at other case studies . This could be part of additional conversation (AirBnb) about does this go too far or not enough and be apart of changing those rules as people look at another stream of income. As we have more assessor dwelling units. . Could there be a saturation cap, what can we do with an area that has too many apartments

Question/Comments from Public: Q: What is/define neighborhood character? A: The style of homes in an area, what scale of house is typical, what is it shaped liked, what kind of material is used and it looks somewhat consistent. Q: What about areas like mine that already have duplexes that have garages upfront? A: They would have to be held to a higher standard if they go this route.

Q (Comment): This is a fast track program for real estate investors, which will lead to more slumlords and easier gentrification. A: Gentrification normally occurs when a city has a demand on all the real estate; we do not have a medium home price like that of other cities. The problem we have is that we have neighborhoods that have homes may not be worth what they paid for them and we would like to stop that hemorrhaging. We are trying to get developers to give the middle of town another shot. So far we have not had a lot of push back on design standards. Q: When it comes to AirBnB, this seems like something ripe for a side gig, has that been a problem for other neighborhoods that have done this? A: I think there are problems out there. Most people all to ask how they can set up an AirBnB. As regulations are, some short-term rental are illegal. We operate on a complaint basis. Contact the Police department if illegal activity is taking place; for other concerns the zoning division can be reached at 316-660-1834 or 316-268-4421. . How do we audit the data analysis? Where can we see the methodology, demographics and respondent results of the survey of 4000? . So far I like what I am hearing about accessory units . We want more walk space . This seems to make it simpler for them, not the community . The design is not the issue; the potential people developing (or those unable to develop) is the problem

. College Hill has very nice examples of multiple dwelling buildings on Broadview and Belmont, does not seem to have driven down values and has given some folks the opportunity to the apart of this great neighborhood. . Having a future DAB conversation about AirBnB’s is suggested

Comments from Angeline Johnson: We ask that people share your concerns, use the website and be engaged and as stated the land bank meetings will be open to the community. Please get involved. Action Taken: Received and filed.

DAB II

DAB III

Interoffice Memorandum

To: Mary Hunt

From: Maddy Campbell

Subject: Places for People presentation

Date: March 10, 2020

• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • On March 3, 2020 the District 3 Advisory Board heard a presentation on the Places for People Plan. The presentation included information on land banks and zoning.

DAB and members of the public asked and made the following summarized questions and comments:

Q (DAB): You mentioned streamlining the rezoning request process to be completed in 21 days. How do we make sure all these requests go in front of MAPC and the DAB? A: In this case it would not. As long as designs comply with standards, the new optional process—either the “by right” alternative or the administrative permit alternative—would not have these four residential uses go before the MAPC. There is an exception, under the administrative permit alternative – if protests from more than 75% of the abutting properties were submitted, then it would be heard by the MAPC.

C (DAB): I am not sure why the City is wanting to move away from single-family housing. It seems there is a lot of emphasis on multi-unit dwellings. These are expensive structures to build. If they are to be rented out, they will go for much higher than other rentals. I think gentrification is baked into this plan, especially if you are going to streamline the process to build these types of structures. A: The underlying zoning would not change. This proposal would allow for greater flexibility for housing to meet individual and market needs. Gentrification occurs when a lot of development happens quickly in a neighborhood and the existing residents are priced out. This proposal would allow an incremental approach that will not have the wholesale clearance or redevelopment of an area that will result in increased property taxes over a short amount of time. Instead, there would be development at one house on a block or one vacant lot in an area. It would occur gradually and on a limited basis, which would not dramatically impact property taxes in the area.

C (DAB): When we developed a 20 year plan for the city and county, it was project that in the next 15 years the majority of homes will be single-person households. There is already a 41% rental rate in our district. We want to be careful that we are not going into an area with a lot of homeowners and adding rental properties, changing the characteristic and structure of the neighborhood.

C (public): The type of infill that goes in will substantially affect the property values in the area. Also, the method of notification is very ineffective. Putting a sign in a yard is not sufficient and neighbors should be notified via mail.

Action Taken: DAB provided comment.

Respectfully submitted, Maddy Campbell, District 3 Community Services Representative

DAB IV

INTEROFFICE MEMORANDUM

TO: MAPD

FROM: Rebecca Fields, Community Services Representative, District IV

SUBJECT: Places for People

DATE: April 7, 2021

On Monday, April 5, 2021, the District IV Advisory Board revisited the Places for People initiative that the board members had been directed to view various materials and videos. MAPD Director Scott Wadle was in attendance to address questions and take comments from the board.

DAB Member Rebecca Robertson asked how this plan will be implemented since it depends on businesses and individuals wanting to use the empty spaces available. Mr. Wadle replied that the strategy they are proposing includes Zoning, Land Bank, and figuring out how to “tackle” the gap that exists between building in a new development compared to building on a vacant space in an established neighborhood. The Zoning portion of the proposal provides flexibility in those areas that allow for a specific type of build (i.e. – single-family zoning where someone would want to build a duplex or triplex, etc.)

The Land Bank portion of the proposal helps to address properties for whatever reason are not being utilized in the marketplace. The Land Bank can help address title issues and more. The third portion of the proposal is how to make this affordable for builders or buyers in available spaces. In many cases there is the demand for housing or new retail spaces, but there are challenges for revitalization in many areas and this proposal helps to navigate through those challenges.

Ms. Robertson commented that she likes the idea of Places for People and that it will make for a strong city, but is the general population buying into this. Education is the key, and the problem is an expanding City as opposed to building in the infill spaces.

Mr. Wadle replied that the advantage of Places for People is that it will allow for accessory apartments, “granny flats”, apartments in attics and other areas of a single family home that otherwise would not be allowed. You see a large mix of housing in older neighborhoods such as Riverside, Mid-Town, and College Hill to name a few. Through this program, we can help ensure that the design of the new build will be compatible with the current look of a neighborhood. One thing to take note of is that there is a critical shortage of housing inventory in Wichita, and one of the most critical in the entire country.

Councilman Blubaugh commented that when he began selling real estate 20 years ago there were 5000 listings in the County and now there are about 500, and only 200 in the entire City of Wichita. He has reached out to the City Council, and only one Council Member had a concern about possible “gentrification” that will cause property valuations to exceed income levels. CM Blubaugh doesn’t think that Places for People will push people out of any neighborhood, but that there is current inflation for building materials and labor that are causing some concerns. He hopes that this program will help with home ownership and not just investment opportunities for builders and developers.

Mr. Wadle commented that this program will help meet housing needs for those who might want to downsize and stay in the same area or neighborhood. There is a great bonus to building in existing spaces (infill) because utilities, paved streets, etc. are already in place and therefor the builder/owner does not have to pay for specials. The City provides other services (Fire, Police) on a square mile basis, and that too would be more cost effective for the City as a whole.

DAB Member Dalton Glasscock commended Mr. Wadle and his staff for bringing this initiative to the City and agrees that this will help with revitalization and current infrastructure.

Mr. Wadle concluded that if anyone wishes to ask additional questions or address concerns, please share them with him or his staff so they can add them to their report that will go before the City Council. You can use email, phone, or letters. There is also a place on the City website where people can leave comments and feedback: https://www.wichita.gov/Planning/Pages/WichitaPfP.aspx

Staff Rebecca Fields commented that anyone can also email her and she can forward comments to Scott and keep the commenter’s name anonymous.

During the Board Agenda portion of the DAB meeting, Chairman Gomm asked Councilman Blubaugh for his view of the land bank for the Places for People initiative. CM Blubaugh replied that the land bank is an opportunity to pool some different lots for anyone to submit a plan for those properties. Specials can end up costing developers more than $40,000 for streets, water, landscaping, etc., and homeowners might have to pay these specials off for the next 20 years. You won’t have all of this as we see more development in the inner core of the city. There are still over 100 miles of unpaved streets in the City of Wichita. Not only would he (Councilman Blubaugh) like to incentivize the developers for building in these areas, but would like to incentivize the people who have stayed in those areas for all these years.

DAB V

Appendix B: Places for People –Town Hall Questions/Comments & Website feedback

Places for People - Zoning (Feb 16, 2021), (4332 persons reached) 1. How is a land bank formed?

A: A land bank is formed through an ordinance passed by the governing body;

2. Touch on what a land bank can do and what a land bank can’t do.

A: Land banks can purchase or sell property as well as accept donations of property or convey property as long as it meets the goals and policies established for the land bank.

3. How do you plan to bring properties into the land bank? Purchase, tax sale or other?

A: Land bank property can be obtained through tax sale as well as through donations, or direct purchase by a willing seller.

4. Will affordable housing be the focus of the land bank?

A: Affordable housing is a top priority of the Land Bank and is outlined in the DRAFT Policy document located on the Places for People website (www.wichita.gov/placesforpeople)

5. We need more affordable housing and the ability for people to buy homes. 6. How will there by accountability to the community and protection against back door deals. 7. How will conflicts of interest via relationship be avoided?

A: Like any board or committee member on any city group, the Board of Trustees will need to abide by the city’s standards related to conflicts of interest. Like other board members, they will be asked to take an oath to do meet these standards.

8. Who would be the oversight committee to ensure arms-length transactions are prohibited, ensure the buyer has the adequate resources to rehabilitate the property that is aligned with the core mission of the land bank? Will the primary focus/goal be to provide affordable housing to the community as opposed to approving more apartment or commercially zoned structures.

A: Land bank transactions are approved by the City Council in full view of the public. Furthermore, all land bank meetings are open to the public.

9. Will individual owner-occupant buyers be first in line? At acquiring properties that can be remodeled?

A: Individuals interested in a land bank property for their own residence, may submit an application whereby the Board of Trustees will evaluate their proposal. There is considerable interest in supporting individuals, or families that want to purchase a land bank owned property for their private home and make an investment in their potentially, new neighborhood.

10. Weak controls of land banks is a concern with amounts paid per demolition. How those will be recorded and handled along with audit info please.

A: All land bank transactions are approved by the City Council at open Council meetings. The land bank will provide to the City Council periodic reports of all activity. Land Bank meetings are open to the public.

11. How would an abandoned property get noticed and get added into a land bank?

A: Abandoned property could be in a tax delinquent state and would then be available to the land bank. The land bank could approach the owner, if identified and offer to purchase the property. This assumes, the land bank has a strategic interest in the property. The land bank has no obligation to purchase land if it does not further their goals of revitalizing neighborhoods or supporting affordable housing.

12. Who is responsible for upkeep/maintenance/insurance/liability of the properties? 13. Responsible for upkeep/maintenance/insurance/liability of properties?

A: The land bank is responsible for maintenance and insurance for all land bank owned property.

14. If a land bank transaction is a voluntary sale why would the owner or trustee of a dilapidated property use a land bank? Couldn’t they transact directly with the investor?

A: If the property owner believes they could sell their property for more than the land bank is willing to offer, they should do so.

15. Will the banked properties be put up for sale or rent? Who will determine the sale price /rental price?

A: Land Bank property will not be available for rent. The land bank has no desire or intention of becoming a landlord or possessing property any longer than is necessary to achieve their goals. The intent of the land bank is to move property to a productive use by the non-profit sector or the for-profit sector. The sale price of property is determined by the land bank.

16. Will a donation to the land bank be tax deductible?

A: This is a question for a financial or tax advisor.

17. Can you give 2-3 example of properties that are in distress that would benefit from a land bank?

A: We cannot identify specific property as the current property owner may not be interested in participating with the land bank. An example of someone benefiting is when a person inherits property and discovers there are potential liens, back taxes, and mitigation costs associated with the property. In this case, the person did not ask to receive the property and is not in a position to bring it to a marketable condition.

18. What is the difference between an individual/organization buying the property as opposed to a land bank?

A: The only difference is that the land bank can abate back taxes and some assessments.

19. Could TIFs be implemented for land bank projects?

A: TIF (Tax Increment Financing) projects are done through a separate application process and does not involve the land bank. A project may or may not be eligible for TIF.

20. Where does the land bank money come from?

A: The land bank is not a profit making organization; as such it will require a subsidy from the City for its operating capital.

21. If I have a property that I can’t sell, can I donate it to the land bank? 22. If I have a property that I haven’t been able to see, could I donate my property to the land bank? And would this be considered a tax deductible donation? 23. If a property owner want to avoid capital gains taxes – would selling or donating to the land bank allow the owner to avoid the capital gains taxes?

Comment from citizen: (That’s my understanding. Then it doesn’t just sit there for years.)

A: Once the land bank is established and the Board of Trustees is ready to accept proposals from the public, yes, you can approach the Land Bank through an application process. The land bank will review the offer and gauge it against its goals and stated policies to determine if they wish to acquire the property. The question related to capital gains is best directed to a financial or tax advisor.

24. How does this prevent slum owners?

A: The land bank is pursuing property that supports its goals of neighborhood revitalization and affordable housing. Selling property to a responsible property owner, with a proven track record of maintaining a home or property will reduce the number of properties that remain in poor condition. Property sold through the land bank will require a legally binding agreement that includes stipulations, that ensures the property is used as originally intended.

25. If a property is fast tracked to tax sale, will that mean that the land bank has first dibs? Or will the land bank committee have to bid the way the rest of potential action bidders have to?

A: The land bank competes with other bidders and receives no special treatment.

26. Who would be on the oversight committee?

A: The City Council functions as the oversight committee as all actions/recommendations require their approval.

27. Who will have access to the sold properties?

A: Once the sale of property is complete, it is now private property of the new owner.

28. What incentives does it have to acquire properties that might not have attracted developers? 29. So if the land bank has be strategic about what properties it acquires, what incentive does I have to acquire properties in lower income areas that might not have attracted developers in the past?

Comment from citizen: (INVESTORS)

A: Land banks have the authority to abate back taxes and some assessments. Some property owned by a land bank may require clean-up and debris removal; this could be seen as an incentive to develop property within the Established Central Area.

30. Would selling to the land bank help the seller avoid capital gains taxes?

A: This is a question for a financial or tax advisor.

31. Why not just incentivize the purchase of the properties and leave the government out of it? What benefit is there getting the city involved?

A: The City is often heavily involved in the maintenance of neglected and abandoned property. These costs include neighborhood inspectors, Police and Fire department staff. By virtue of transferring some of these properties to the land bank, there is a way to make the property productive and no longer a burden on a neighborhood.

32. Will the land bank partner with Homeownership 80?

The Homeownership 80 program is a first time home buyers program administered by the City of Wichita Housing and Community Services. The land bank is not involved in this program nor mortgage lending to homebuyers.

33. Will there be restrictions to ensure that redevelopment of properties sold by the land bank doesn’t lead to gentrification? 34. How will you ensure that the land bank won’t be used to gentrify neighborhoods?

A: The purpose of the land bank is to support revitalization of existing neighborhood, not build them into something unrecognizable. Furthermore, a top priority of the land bank is to support affordable housing.

35. How are relationships with developers and contractors going to be kept transparent?

A: All transactions, or potential transactions will be presented at the Board of Trustee meetings. Technical assistance for the Board will assist in making sure all applications are reviewed and determined if they are complete applications that meet all the requirements, prior to the Board making a recommendation to the City Council. All of these meetings are open to the public.

36. Is the county going into this program with the city? 37. Is the County going into this program with the City? County takes over if taxes are not paid, so City get the property how. You may have discussed this, but my sound is going in and out.

A: Land banks are formed by either city or County governments. Forming the Wichita Land Bank does not prevent or preclude the County from forming their own land bank.

38. Can citizens be part of the screening or only city employees?

A: City employees will not have any part in screening applicants that desire to acquire or sell/donate property to the land bank. The Wichita Land Bank Board of Trustees will make

determinations on qualified offers. The Board will also ask for ad hoc committees be formed to assist them with neighborhood related questions and issues.

39. Why not create a citizen based board to handle this instead of city council?

A: Since the City of Wichita will be financing the land bank, it is imperative that the City Council be aware of and approve all financial and operational aspects of the land bank.

40. Can board members own companies that might purchase properties or would that be prohibited?

A: No.

41. How will conflicts of interest via relationship be avoided?

42. Will there be any restrictions on what the property can be used for?

A: The Policies of the Land Bank will identify land uses that are considered counter-productive to the goals of revitalizing neighborhoods and supporting affordable housing. As the policies are finalized, these will become more apparent.

43. If the application is made stating one development intent before the sale, and later decides to change their development plans, will that void the sale contract? And require the new owner to gain re-approval for the new purpose?

A: If it becomes apparent that the developer is not fulfilling their legal agreement with the land bank, the bank has the authority to return the property to the land bank. It is possible in some cases, that this could prevent the developer from conducting business with the land bank. The developer would also be in a position to re-apply to the land bank for the new development plan.

44. What is your definition of productive use?

A: Productive use is changing the current condition and operation of property from something that harms the neighborhood to an asset for the neighborhood. This could be occupied housing with owners who take care of their property, or a neighborhood park or other community asset.

45. Who determines that a neighborhood, area, or property is blighted or needs help?

A: Normally, it is neighborhood residents that deem an area in need. The lack of investment and possible neglect or property abandonment could be considered an area that needs help. The land bank is one tool being proposed to turn this situation around.

46. Will residents in the neighborhood get a say in what happens with the properties.

A: All land bank Board of Trustees meetings and City Council meetings are open to the public. Furthermore, the Board of Trustees have the ability, and are encouraged to create, ad-hoc advisory committees from neighborhoods where land bank activity is likely to take place.

47. What’s the process for engaging residents throughout the process?

A: It is a high priority that any land bank activity have the buy-in of neighborhood residents. The policies of the land bank will identify how best to do this. We have offered to speak with organizations and groups and have several meetings on the schedule. We will be presenting to the District Advisory Board meetings in early March 2021.

48. What does the land bank do that the market hasn’t done?

A: Land bank property has conditions or attributes that prevent it from selling through the current real estate market process. There may be delinquent taxes, excessive debris and overgrowth, or other physical conditions of the site that prohibit investment due to excessive costs. The land bank can remove some these obstacles that will enable a purchaser to invest in the property, help stabilize the neighborhood and create an asset for themselves.

49. Will there be an inventory of properties available?

A: As the Land Bank acquires property, there will be an inventory available to the public.

50. When did the government work with Facebook? I’m not complaining, just excited.

We’ve had Facebook since around 2012.

51. What is the anticipated launch date for the Land Bank to allow acquisition of said properties? 52. Is there a target date to launch the land bank?

A: The ordinance to establish the land bank is available now and could be approved this spring. We are presenting this information to different organizations and groups to obtain feedback as we did tonight.

53. Doesn’t the city already have to maintain (mow, remove trash, etc.) from abandoned properties that are violating codes? So wouldn’t the city already be paying for some of that work anyway?

Comment from citizen: (EXAXCTLY! This is like the city helping its favorite Real Estate investors!)

A: The Neighborhood Inspection Division of MABCD is engaged in mowing and removing trash from abandoned property. Converting these properties, where we can to productive use will reduce the need to continually maintain neglected property.

54. Who will have access to the resold properties?

A: The new owners will have access to the property they have purchased.

55. Is this something that could be used on the Battin Apartment in South Wichita?

A: At this time, the Battin Apartments appear to be occupied; therefore, no the land bank would not accept the property, nor would it pursue acquiring the property. Only unoccupied property would be considered for acquisition by the land bank.

56. One question I would have is what will be the mechanics of how qualifying properties would come to the attention of the city and start the land bank process. I other works, how would an abandoned property get noticed and end up in a land bank?

A: The owner of qualified property could apply to the land bank (not the city) to have their property purchased, or donated to the land bank. The land bank could also reach out to a property owner if they are interested in the property and it supports their efforts in revitalization and affordable housing.

57. What happens to people who get behind on taxes and maintenance, but have equity, is it a property a land bank would want? And are the typical title issues mortgage-related? Who pays off the mortgage? A: The WLB will consider all applications, however, it would generally be the case that properties with an existing mortgage would not be economically viable to purchase.

58. Will there be screening of the purchaser to keep out slum lords for example? 59. In a recent DAB meeting, there was discussion about a slumlord with a poor reputation who wanted to develop an empty lot. Will there be screening for the integrity or responsibility of the purchaser?

A: Yes, there will be requirements of anyone conducting business with the land bank including their ability to obtain financing, a history of completing projects as promised, and proof of their ability to do what they plan to do. Additionally, should someone fail in meeting the terms of their contract, the land bank will be able to re-convey the property to the land bank.

60. What about properties tied up in probate court? A: The WLB would seek to purchase a property that is in probate the same as any other purchaser. If a property has been designated in a will to go to the WLB, that property will go through the same analysis before agreeing to accept the donation.

61. If there are issues with the title, doesn’t that invalidate the claim that it must be voluntary? A: Existing title issues has no bearing on whether the acquisition or donation of property is voluntary. The WLB will not acquire any property from an individual that is not voluntary. There are many factors that can be considered to be title issues. The WLB will evaluate those issues and make a determination as to whether it is feasible to attempt to wipe out those issues in court.

Comments about the Land Bank from the Facebook Town Hall (Feb 16, 2021) Why does this sound like fancy talk for eminent domain and gentrification?

Google land bank problems and see what larger, well financed cities have faced with this, I think this needs a LOT more discussion.

WIN should be tapped for the neighborhood representative seat.

Transparency on the website is good!

Neighborhood revitalization needs to engage neighbors.

I hope the land bank is screening the end use.

I would like to see more information on “smaller household” sizes. I am noticing a trend to tear down homes and replace with apartments, especially in the Fairmount Area.

Appointed boards need members from underserved populations. Especially one like this. The City should consider paying people for their time.

I hope the land bank, in screening the end use, takes into account rezoning for other uses then the current zoning allows.

I love the transformation Habitat has on our neighborhood.

Shouldn’t we be conserving energy? Is this meeting really necessary? Lol Jorden Kaufman we do think this is a crucial topic for the public to engage in.

Jorden Kaufman we do think this is a crucial topic for the public to engage in.

So the rezoning discussion is important then!

Only a few minutes in and I’m liking what I’m hearing very much!

I’m Triggered: ‘Private relationships” “certain developers” “certain developers”

Time to invest in REITs!

We need more affordable housing and the ability for people to buy homes.

Appendix C: E-Mail, Website and Telephone comments regarding Land Bank

I see that the Places for People Implementation is on the DAB agenda tonight and you also asked for feedback on the Places for People zoning recommendation in the District 1 newsletter.

Regrettably, I am unable to attend the District 1 meeting tonight, but I wanted to give my thoughts.

I think that the Places for People plan will improve our neighborhoods. The implementation recommendations that have been presented so far would help in the following ways:

1.) Land Banks: allows the City to do something about the blighted and vacant properties. This would be very helpful in NE Heights, where I live.

2.) Zoning: gives homeowners the flexibility to build additional living spaces on their property to accommodate the aging population or family needs. The plan balances what is good for the neighborhood and homeowner preference.

In regards to the Zoning proposal Facebook Live session.

1. I commend the City for using Facebook Live. I found it easy to participate. 2. I think the proposed zoning changes will be beneficial for the Established Central Area. 3. I agreed with the one commenter that the zoning change notice signs are not well designed for visibility and people generally do not know what they are for. Scott Wadle said the notices are also published in the newspaper, which seems outdated. What about posting them in the Next Door app? I think those details need to be addressed to minimize backlash when ADUs and multi-unit buildings are constructed. 4. I get why the City wants to start by incentivizing with a streamlined process for building these types of dwellings, but I worry the 'optional' part will result in confusion and status quo. I would like to see a public progress report/evaluation a year after adoption. 5. Speaking of adoption, is there a timeline? I assume both the City and County have to adopt these changes. I didn't hear anything about that.

I like the approach Places for People is founded on. But not sure that it is prime time ready. The first test I'm aware of is the Riverside TIF district. My "lessons learned" of that housing development would be: Positive influence: 1) Allowed smaller homes than is typical for the market. 2) From what I've read, looks like it played a large influence in changing the aesthetic of the homes. Room for improvement: 1) With two car garages for each plot, the parking space per capita of this development far exceeds the parking density of the existing neighborhood. When reduced driving and parking density is one of the stated goals of Places for People. 2) Social Gathering space of the porches was sacrificed to make room for the garages. Especially considering porch social gathering space is a core characteristic of the rest of the neighborhood. 3) Much of the vehicle parking in Riverside is hidden. The opposite is occurring at the current development. 4) Enforcement of building aesthetic was not enforced rigorously enough. ------With that in mind, these are some ideas to improve on what has already been started 1) Do not the need to bypassing DAB. Especially for protested developments. A) By extension, think reducing approval from 75 to 32 days to ensure DAB input. 2) Need Performance Metrics to measure progress in making slower, more productive, walkable

31 neighborhoods. A) Measuring for reduced vehicle use I) Vehicle Miles Traveled per capita II) Vehicle Hours Traveled per capita III) Average Trip Distance IV) Average Travel Speeds B) Return on investment: I) Assessed value / public investment including yearly portion of life cycle maintenance costs II) Include operation and maintenance life cycle costs into the overall costs. C) Prioritizing pedestrian I) Maintains or lowers Public Parking spaces per capita in the neighborhood or 1 mile radius from development site.. II) But restrict raising that number. Require additional approval. D) Safety: I) Track for reduction in traffic deaths and hospitalizations 3) Create easy to use Public Notification resource accessible from the web. Such as a HTML table that links half a dozen basic cells (Address, development type, developer name, etc.), with a link that sends them to the full application documents. 4) Should be applied to city edge in some way. Even if it is a less stringent Places for People - Lite. 5) More rigorous application of compatible aesthetics standards, and reduced subsidized vehicle parking space. For example in Riverside development, require aesthetics are riffs on major architectural styles common in 1880 to 1930. And have a vehicle parking density that does not exceed the parking density already present in Riverside.

The Places for People implementation needs to change the proposal to notifying the public. Concern about nearby residents never seeing the sign posted in the yard. Area residents/owners should be notified by mail and provide more than 7 days to protest. The approval time of 3 weeks is too fast. The public does not understand that these proposed changes are for residential only; some think it applies to commercial land uses too.

In response to Neighborhood Associations staff presentation of April 1, 2021. Caller is alarmed by slum lords, not regular homeowners. Does not understand the Protest Petition process for proposed zoning changes. City is representing investors, not regular homeowners; where is the voice for regular homeowners. Three story buildings are a concern in a neighborhood with one story homes. Wanted further explanation of the node concept and how it relates to her neighborhood as her home was built in approximately 1905. Note: These comments arrived via a POD call and her questions were answered that same day.

POD received a call wondering about a City Council Workshop on April 27th. It was explained that the Workshop would update the City Council on feedback from the public received on the Zoning and Land Bank presentations done with Facebook Live and to other organizations in the community. There was also a question about an ICT Citizens group claiming that there was a big threat of property being rezoned without people knowing about it. They were told that we do not know who the individual or group behind it was, but no one could change a person’s zoning without a land owner's involvement.

Hello All: We need to remember Scott is not the one pushing this ‘places for people’ as it was started way before he took this position. With that said; MABCD and Police and Animal Services can’t keep up with neighbor’s complaints now, so let’s throw more barking dogs, roaming cats, inop vehicles (not to mention more vehicles on the street and on the grass), so whoever is making the request for this let’s help them move to New York City, Tokyo or Wuhan if they want us all to live on top of each other! Did I mention granny doesn’t hear really well, so there will be loud music from all these extra people! More trash cans left at the street and the smell in the summer from said cans! Bravo Wichita! So in summary it wasn’t broken so let’s fix it! Ps who is pushing this? Thanks

i. Equity (1) Economic - Effects and function of Redlining are very present by making affordable housing in most 1940 neighborhoods illegal. (a)https://www.wichita.gov/Planning/PlanningDocument/Vision%20Book.pdf (b) Page 17 shows Medium Household Income (c) Page 36 shows growth by decade (d) https://dsl.richmond.edu/panorama/redlining/#loc=13/37.692/-97.372&city =wichita-ks (e) https://bestneighborhood.org/race-in-wichita-ks/ (2) Riverside, North Riverside, and South of Redbud Trail are particularly telling. In both the rule and the exception. (3) I know of no policy in Wichita that systematically and directly seeks to undo the Zoning element of Redlining. ii. City solvency - I believe the city is spending itself broke on land and infrastructure growth strategy with few people to pay for it. iii. Housing options (1) The affordability options of my childhood home, and options I want for myself today are both illegal. b. Application notification Visibility and Accessibility - i. In order for a shortened and streamlined approval process to avoid abuse, stronger notifications need to be in place. (1) Equity issues: ADA people in particular have a hard time scavenger hunting for signs. (2) Transparency and accessibility: c. Zoning matters should still go through DABs, especially in the short term i. Transparency - DABs are still the primary point for citizens to interact with the approval process. Effective alternative should have a proven track record before it is eliminated. (1) Example, I stayed quite for political reasons. But I did have two major problems with the Riverside Development (a) The majority of homes in Riverside are single garage homes. The drawing showed two garages. (b) The primary customer being marketed are senior citizens, who are most likely to need transportation options, and one of the most risky residents to

be behind the wheel. (c) Net result, the development appears to be more car-centric than the rest of the neighborhood. In the location that is most ideal for alternative transportation for the clients who need it most. 2. Feedback for Bike/Ped Board specifically a. Time = Distance / Speed i. Multi-modal Policy addresses Speed ii. Places for People addresses Distance iii. If distance is long, speed must be high (1) This is why I am unusual as a bike commuter. Many cyclists can match my 15MPH speed. But not many do on a 40 pound bike. (2) It is why my girlfriend has an Ebike, as she cannot ride fully loaded at 15MPH. (3) Heavy investment Transit-Orientated design is the only equitable solution I see for high-speed neighborhoods to be bike/walk friendly. iv. A functional slow neighborhood is possible only when distances are short enough to walk/bike. 3. Brainstorm Suggestions to the city: a. Budget: Do an Urban3 style Cost Per Acre and Revenue per Acre map of Wichita i. https://storymaps.arcgis.com/stories/7c10bf265d80413d954aa4779fd00fa9 b. Census: Make a chart that shows Wichita Population and Square miles per decade. c. Zoning Map: Where is are homes other than single-family homes illegal? d. Notification: Create a web based page that creates a “spreadsheet” that on the front page, shows all open zoning applications that list address, file date, where it is at the process, next public meeting.

Appendix D: Questions and Comments from Group Presentations – March 11-April 13, 2021

Very interested in what the incentives will be for builders and developers. One person is preparing a list of suggested incentives that the city should consider when they put packages together.

There was concern about the design standards for duplex development on standard sized lots. It was suggested that staff meets with builders to discuss further.

I was familiar with the Places for People plan as I participated in some of the open house meetings.

Could the Land Bank assemble land for the purpose of locating a grocery store in a food desert? Could incentives be used on land bank property?

A: There is nothing to preclude land bank property being used for the purpose of a grocery store. We are still working on the Incentives part of Places for People, however incentives could be used on a land bank property.

Single family development is good for neighborhoods and provides stability; Duplexes are always rental property and are not good for neighborhoods as people are not committed to the maintenance of the property nor to the neighborhood in general.

Comments centered on clarification about zoning issues and proposed changes. Understood at this time, that the proposed changes are for residential property. Are very interested in the possible changes to commercial zoning when the time comes.

Will the land bank engage in eminent domain?

A: Kansas State law prohibits land banks from engaging in eminent domain.

Will the land bank be self-supporting, or will it need city financial support to operate?

A: The land bank is not a profit-making organization, as such it will require financial support from the city for operations. There will be opportunities where there are funds received to the land bank, and this will off-set their operating expenses.

How does the land bank acquire property?

A: The land bank may obtain property through purchase, or donation. There may be opportunities to acquire property through County tax sale if the Board of Trustees and City Council believe it furthers the vision of the land bank.

How will the city deal with squatters?

A: This issue is managed through the Neighborhood Inspection division of MABCD.

Is the land bank targeting residential property primarily?

A: The land bank will address residential property initially. There may be opportunities in the future for commercial development that could involve the land bank.

The Dunbar Theater are is worth serious consideration as a redevelopment area.

We’ve heard about something similar in downtown Savannah, GA.

Will this apply to the suburbs of Wichita (Derby, Maize, Haysville)?

A: The land bank is proposed to operate only within the city limits of the City of Wichita.

How are appraisals impacted by the introduction of Accessory Apartments?

A: There is inconclusive evidence of the impact on property appraisal at this time, due to the limited number of Accessory Apartments in Wichita.

Nashville did something similar and was accused of ‘gentrification’; how could this be avoided in Wichita?

A: Gentrification is the sudden and dramatic increase in property values. We do not expect this to happen to the level that would qualify as ‘gentrification’. The purpose of the land bank as well as the Places for People plan is to revitalize neighborhoods and provide opportunities for affordable housing. The Land Bank Board of Trustees and the City Council will review all proposals to ensure they are aligning with the purposes noted above.

Q: You might address how is green space being protected? A: Green space is not addressed in the zoning code. The desire to establish a Land Bank does address incorporating green space as a priority of the Land Bank.

I’m also curious if tiny house communities are being considered. A: There has been one Tiny Home development that has been discussed with our department. At this time, it has not moved forward by the developer beyond the discussion stage. There is however, one tiny home in the Delano neighborhood, just west of the stadium on Maple Ave. Tiny homes are currently allowed in any residential zoning district and are regarded as a single-family home. There is no

36 minimum size requirement for a home, however the building code has some minimum standards that when combined together for a home create a very, very, small home.

 I love this plan  Thank you Mary!  Those are some cool designs and ideas!  Thank you, Mary!  Thanks you for sharing, Mary!  Very informative!! Thank you Mary

Bylaws of Wichita Land Bank Wichita Land Bank Board of Trustees Wichita, Kansas

ARTICLE I

Purpose and Organization SECTION 1:

The Wichita Land Bank (“Land Bank”) is hereby established pursuant to K.S.A. 12-5901 et seq.

The Land Bank is an independent agency and instrumentality of the City with the primary responsibility and authority to acquire, hold, manage, and convey property, located within the

Established Central Area as defined in the Wichita: Places for People Comprehensive Plan

Amendment of 2019, and other abandoned, tax-foreclosed, or otherwise underutilized or distressed property within the City of Wichita in order to convert such properties to productive use.

SECTION 2 – LAND BANK BOARD OF TRUSTEES; APPOINTMENT, TERMS AND DISSOLUTION:

A. There is hereby established a Wichita Land Bank Board of Trustees (“Board”). The Board shall be composed of nine members. Each member of the Governing Body shall appoint one member who resides in Sedgwick County, Kansas with the goal of having expertise in land development, construction, development finance, real estate sales or marketing, real estate law, neighborhood growth and development, surveying or expertise related to the responsibilities of the Land Bank operation. Two of the nine members shall be considered “at large” members with the goal of one representing the City of Wichita neighborhoods north of U.S. 54/Kellogg and one representing the City of Wichita neighborhoods south of U.S. 54/Kellogg. These at large members shall be appointed by [1. The Mayor; 2. The Mayor and Vice Mayor; or 3. By consensus of the governing body.] Members of the Board shall not receive compensation nor shall they be reimbursed for personal expenses.

B. The Board may establish separate neighborhood or city advisory committees on an ad hoc basis consisting of persons living or owning property within the county, city or neighborhood. In the case of neighborhood advisory committees, the Board shall determine the boundaries of each neighborhood. The Board shall consult with each neighborhood or advisory committee as needed to review the operations and activities of the Land Bank concerning any matter which comes before that particular committee.

Land Bank Bylaws DRAFT, April 9, 2021 1

C. The term of office of the members of the Board shall be as defined in the City’s Municipal Code.

D. The Board members are subject to Muncipal Code 2.12.010, 2.12.020 and 2.12.030, except as otherwise stated herein.

E. Primary staff support to the Board will be provided by the City Manager or designee. City staff will provide technical and professional support for Land Bank operations.

F. The Land Bank may be dissolved by ordinance of the Wichita City Council (the “Governing Body”). In such case, all property of the Land Bank shall be transferred to and held by the City and may be disposed of as otherwise provided by law.

SECTION 3 – LAND BANK BOARD; ORGANIZATION

A. The Board shall select, annually, from its membership, a chairperson, a vice-chairperson and a treasurer.

C. A majority of the Board shall constitute a quorum for the transaction of business. No action of the Board shall be binding unless taken at a meeting at which at least a quorum is present.

D. The Chairperson shall preside at all meetings of the Board, except in his/her absence, disability or vacancy, the Vice Chairperson shall preside. In the absence, disability or vacancies of both the Chairperson and Vice Chairperson, the Treasurer shall preside for the purpose of electing an Acting Chairperson.

E. All meetings of the Board and of its committees shall be conducted in accordance with Robert’s Rules of Order except insofar as modified by these bylaws and procedures adopted by the Board.

a. The Board may suspend the rules, provided that the motion to suspend the rules take precedence over other prime motions; provided a motion to suspend the rules shall state the specific purpose and rule to be suspended; provided that no motion to suspend the rules shall be considered apprved unless the length of time suspension will be in effect has been specified; provided that the motion to suspend the rules shall be approved by a majority of the members present; and provided that no suspension of the rules shall be considered permanent.

b. Any member remaining silent on a vote shall be considered to have voted in the affirmative. The Chairperson shall grant permission upon request for any member to refrain from participating in the discussion and voting on an item when said member

Land Bank Bylaws DRAFT, April 9, 2021 2

advises the Chairperson of matters arising under the provisions of Article I, Section F pertaining to that item. Such member shall be recorded as abstaining on the vote but shall be counted for the purposes of determining a quorum.

F. Conflict of Interest and Ethical Considerations.

a. Members shall not assist or represent applicants on zoning, subdivision, or vacation applications in the presence of the Board. Members may appear and speak before the Board under the provisions of subsection b. where the member owns property or is a prospective purchaser of property included in an application or the member owns property in the statutory notification area of an application.

b. A member shall not participate or vote on an issue before the Board if:

1. the member has a substantial interest on a particular issue as defined by state law;

2. the member has expressed an individual opinion on the determination of a quasi-judicial matter or otherwise expressed himself or herself in a way that infers an opinion has been formed prior to the Board’s hearing on the matter;

3. the member owns property or is a prospective purchaser of property included in any application; or

4. the member owns property in the statutory notification area.

c. Members shall not make presentations to Governing Body on a quasi-judicial item prior to the resolution of that item by the Governing Body, unless the member has abstained from participation on that item or the member has been designated by the Board to make a presentation.

d. Prior to any motion on an application, Board members shall disclose the nature of any ex parte contacts and of any information obtained through those contacts that may have a bearing on their decisions.

G. Subject to the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., and amendments thereto, if any action at law or equity, or other legal proceeding, shall be brought against any member of the Board for any act or omission arising out of the performance of duties as a member of the Board, such member shall be indemnified in whole and held harmless by the City for any judgment or decree entered against such member and, further, shall be defended at the cost and expense of the City in any such proceeding.

ARTICLE II

Land Bank Bylaws DRAFT, April 9, 2021 3

Powers, Duties and Responsibilities of the Board.

SECTION ONE. The Land Bank Board shall have the following powers and duties:

A. To sue and be sued.

B. To enter into contracts.

C. Recommend to the Governing Body the transfer, sale or acquisition of real property by purchase, gift or devise, and convey any real property, including easements and reversionary interest, and personal property, subject to the provisions of this Article. The Board may accept or refuse to accept any property offered to the Land Bank. The transfer of any property pursuant to this subsection shall not be subject to any bidding requirements and shall be exempt from any provisions of law requiring a public sale.

D. The Board shall assume possession and control of any property acquired by it under this Section and shall hold and administer such property. In the administration of property, the Board shall:

1. Manage, maintain and protect or temporarily use for a public purpose such property in the manner the Board deems appropriate;

2. Work with City staff to compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;

3. Study, analyze and evaluate potential, present and future uses for such property which would provide for the effective reutilization of such property;

4. Plan for and use the Board’s best efforts to consummate the sale or other disposition of such property at such times and upon such terms and conditions deemed appropriate;

E. To exercise any other power which may be delegated to the Land Bank by the Governing Body.

F. To exercise any other incidental power which is necessary to carry out the purpose of the Land Bank or this Section.

Land Bank Bylaws DRAFT, April 9, 2021 4

SECTION 2. The term of office of the members of the Board shall be as defined in the City’s

Municipal Code.

ARTICLE III

Meetings of the Land Bank Board

SECTION 1. At the first meeting of each calendar year, the Board shall establish regular meeting times and dates for the upcoming year. The Board shall hold at least 9 regular meetings during the year.

SECTION 2. The ______, or designee shall prepare a notice of the meeting and an agenda of all matters to come before the Board and e-mail the same to Board members no later than five (5) days preceding the next regular meeting. Any member of the Board may cause matters to be placed on the agenda by advising the ______, or designee no later than noon (12:00 p.m.) six (6) days preceding the next regular meeting.

SECTION 3. Special meetings may be called by the Board Chairperson, Vice Chairperson or a majority of the Board members by giving written notice at least three (3) days in advance of said special meeting to all Board members. Every notice of any special meeting shall state the purpose or purposes for which the meeting has been called; the business transacted at all special meetings shall be confined to the purpose stated on the meeting notice.

SECTION 4. The Chairperson may from time to time call for work session meetings in addition to regular meetings of the Board for the purpose of receiving information, hearing presentations, and discussion information, provided that no formal or informal action is taken. All such sessions are open to the public, shall be posted on the City website, and no binding action will be taken.

Land Bank Bylaws DRAFT, April 9, 2021 5

SECTION 5. A quorum shall consist of a majority of the members of the Board. Business of the

Board shall be conducted by majority vote of the members present once a quorum has been established. A quorum must be present before the Board may take any formal action. No action of the Board shall be binding unless taken at a meeting at which a quorum is present.

ARTICLE IV

Officers and Their Duties

SECTION 1. The officers of the Board shall be as follows:

Chairperson, who shall be elected by the Board, from its members, and shall preside at all meetings of the Board, and shall sign, execute, act and deliver for the Board all documents of any kind required or authorized to be signed by the Board.

Vice Chairperson, who shall be elected by the Board from its members and, in the absence or disqualification or disability of the Chairperson, shall perform the duties of the Chairperson and act in place of the Chairperson, with the full power and authority which the Chairperson would have, were the Chairperson present.

Treasurer, who shall be elected by the Board from its members, and shall represent the financial activities of the Board.

Secretary, shall be an appointed position by the ______or designated employee of the City of Wichita, assigned to keep a complete record of all proceedings of the

Board and shall perform such other duties as may be required by law or ordinance. The Secretary shall not have the right to vote or to perform any other functions than provide administrative service.

Land Bank Bylaws DRAFT, April 9, 2021 6

SECTION 2. An annual election of officers shall be held at the first meeting of the calendar year. Officers so elected shall serve for a term of one (1) year.

ARTICLE V

Amendments to Bylaws

The Board may, by a two-thirds majority vote, amend these bylaws of any provisions or sections thereof at any time when the same is not in conflict or contravention of any of the laws of the

State of Kansas or ordinance of the City of Wichita. Any bylaw amendment modifying the authority of the Board may be subject to City Council approval. Notice of the proposed amendments shall be furnished by the Secretary to Board members not less than ten (10) days prior to the meeting at which said amendments are to be considered. The above bylaws are hereby adopted as the Bylaws of the Land Bank Board of the City of Wichita, Kansas.

Dated this ______day of ______, 2020.

______, Chairperson

Land Bank Bylaws DRAFT, April 9, 2021 7

City of Wichita Land Bank (WLB)

Administrative Policy Guidelines

Draft

April 20, 2021

City of Wichita Land Bank

Administrative Policy and Procedure Guidelines

As approved and adopted by the Board of Trustees on ______;

and the Wichita City Council on ______.

Section 1. Purpose.

The purpose of the Wichita Land Bank (WLB) is to facilitate, support, implement and serve as a catalyst for the Wichita: Places for People Plan (2019). The WLB has the responsibility and authority, primarily within the Established Central Area (ECA), to efficiently acquire, hold, manage, transform and convey vacant, abandoned tax-foreclosed properties (including those that are otherwise under-utilized, distressed, abandoned, neglected or rejected by the open market or current owners) into productive use and return tax delinquent and distressed property to productive use that benefits the community.

This policy is intended to create a unified and consistent approach to the disposition and acquisition of real property owned by the WLB.

In the interest of providing predictability and transparency regarding the sale and reuse of property, this policy will provide guidance to the WLB in all transactions involving property as well as information to individuals and organizations considering the acquisition of property owned by the WLB.

The WLB, in its sole discretion, reserves the right to deny any request for the acquisition, sale or donation of any real property if it feels said request does not meet the stated goals or policies, or is in the best interest of the WLB. All recommendations for approval for the acquisition, sale or donation of any real property shall go to the Wichita City Council for final authorization.

Section 2. Pre-Acquisition Considerations.

a. The WLB will assess the physical condition, location, marketability, potential holding and maintenance costs, title issues, lien status, environmental issues, location of property within a flood plain, and possible end uses of every property prior to acquisition.

b. Prior to acquisition, the WLB will ensure that it has available funds to hold and maintain the property for the expected or extended ownership period.

Section 3. Policies Governing the Acquisition of Properties.

In determining which, if any, properties shall be acquired, the WLB shall give consideration to the following factors:

a. Proposals and requests by persons or entities that identify specific properties for ultimate acquisition and redevelopment. b. Vacant lots or vacant residential properties that are available for immediate occupancy without need for substantial rehabilitation. c. Vacant properties that could be placed into the Side Lot Disposition Program. d. Properties that would be in support of strategic neighborhood stabilization and revitalization plans. e. Properties that would form a part of a land assemblage development plan. f. Properties that will generate operating resources for the functions of the WLB.

Section 4. Priorities Concerning Disposition of Properties.

The WLB will at all times attempt to identify an end user at the start of the acquisition process, thereby identifying a disposition strategy before a parcel is acquired. Not all properties that are desirable for land banking will immediately have an end user. Cost for the WLB to hold such properties after acquisition will be projected and factored into the acquisition decision.

All applicants must submit its/their proposal to the WLB upon the approved WLB Applicant form. The application must describe in detail the intended use of the subject property, including the timeframe for development.

The disposition of properties shall be based upon a combination of three different factors. The first factor involves the intended or planned use of the property. The second factor considers the nature and identity of the intended transferee of the property. The third factor addresses the impact of the property transfer on the short and long-term neighborhood and community development plans. Within each factor is a ranking of priorities. The disposition of any given parcel will be based upon an assessment of the most efficient and effective way to maximize the aggregate policies and priorities. The Board and Staff of the WLB shall at all times retain flexibility in evaluating the appropriate balancing of the priorities for the use of property, priorities as to the nature of the transferee of properties, and priorities concerning neighborhood and community development.

Priorities for Use of Property.

1. Neighborhood revitalization. 2. Return of the property to productive, tax-paying status. 3. Land assemblage for economic development. 4. Long term “banking” of properties for future strategic uses. 5. Provision of financial resources for operating functions of the WLB. 6. Individuals or other entities seeking to obtain the property for housing or commercial development within the ECA, in concert with the concepts identified in the Wichita: Places for People Plan (2019).

Priorities Concerning Neighborhood and Community Development Within the ECA.

1. The preservation of existing stable, viable neighborhoods and community gateways. 2. Neighborhoods and community gateways in which a proposed disposition will assist in halting a slowly occurring decline or deterioration. 3. Neighborhoods and community gateways that have recently experienced or are continuing to experience a rapid decline or deterioration. 4. Geographic areas that are predominantly non-viable for purposes of residential or commercial development. 5. Within and among each of the first four priorities shall be a concurrent priority for targeted geographic areas for which a qualified strategic development plan has been approved.

Section 5. Residential Land Transfers.

A. Residential Land Transfer Policies.

These policies pertain to transfers whose future use is residential. At time of transfer the property may be vacant, improved or ready to occupy.

These policies pertain to an individual, partnership and its partners, limited liability company and its member(s), society, association, joint stock company, corporation and its shareholders, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons.

The policies for residential land transfer are:

1. The subject property must not have been used by the transferee or a family member of the transferee as his or her personal residence at any time during the twelve (12) months immediately preceding the submission of application (except in tenant/owner relationships). 2. The transferee must not have been the prior owner of any real property in Sedgwick County that was transferred as a result of tax foreclosure proceedings within the preceeding three (3) years. 3. The use of transferred property must give consideration to any Community/Neighborhood Plan (if one is in place) and a letter of comment must be received from the appropriate planning groups. 4. The amount of consideration shall be determined by the WLB in its sole discretion. 5. All development projects must be started and completed within a time frame negotiated with the WLB. 6. A precise narrative description of future use of the property is required. 7. Transactions shall be structured in a manner that permits the WLB to enforce any recorded covenants or conditions upon title pertaining to development and use of the property for a specified period of time. 8. The transferee must agree to pay future property taxes from time of transfer.

9. If code or ordinance violations exist with respect to the property at the time of the transfer, the transfer agreements shall specify a maximum period of time for elimination or correction of such violations, with the period of time to be established as appropriate to the nature of the violation of the anticipated redevelopment or reuse of the property. 10. The proposed use must be consistent with current zoning requirements or the transferee agrees to file for any required adjustment to allow for the property to use as proposed within one (1) year after the transfer. 11. Where rehabilitation of a property by the transferee is a condition of the transfer, the requirement for such rehabilitation shall be in accordance with rehabilitation standards as established by the WLB and adequate completion of such rehabilitation shall be a condition to the release of restrictions or lien securing such performance. 12. Deed Restrictions. The WLB may take into consideration the placement of certain deed restrictions, including but not limited to:

A. Adult Book and Video Stores. B. Community Correctional Facilities. C. Half-way Houses. D. Drug or Alcohol Rehabilitation Facilities. E. Multi-game, Casino-style Gambling Facilities. F. Pay-day loan establishments. G. Commercial Billboards.

Section 6. Side Lot Disposition Program.

Individual parcels of property may be acquired by the WLB and transferred to individuals in accordance with the following policies. The transfer of any given parcel of property in the Side Lot Disposition Program is subject to override by higher priorities as established by the WLB.

These policies pertain to an individual, partnership and its partners, limited liability company (LLC) and its member(s), society, association, joint stock company, corporation and its shareholders, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons.

A. Side Lot Disposition Policies.

1. Qualified Properties. Parcels of property eligible for inclusion in the Side Lot Disposition Program shall meet the following minimum criteria:

(a) The property shall be vacant, unimproved real property. (b) The property shall be physically contiguous to adjacent owner-occupied residential property, with not less than a 75% common boundary line at the side. (c) Initial priority shall be given to the disposition of properties of insufficient size to permit independent development.

Section 7. Commercial Land Transfers.

A. Commercial Land Transfer Policies.

These policies pertain to transfers of real property for which the intended future use is nonresidential. At time of transfer the property may be vacant, improved or ready to occupy. These policies pertain to an individual, partnership and its partners, limited liability company (LLC) and its member(s), society, association, joint stock company, corporation and its shareholders, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals, and any other form of unincorporated enterprise owned or conducted by two or more persons.

The policies for the WLB consideration for commercial land transfer include, but are not limited to:

1. The transferee must not own any real property that violates any local codes or ordinances. 2. The transferee must not have a history of property being sold at tax foreclosure sales or own any real property that is tax delinquent. 3. The subject property must not have been used by the transferee or a family member of the transferee as his or her personal residence at any time during the twelve (12) months immediately preceding the submission of application (except in rental cases). 4. The transferee must not have been the prior owner of any real property in Sedgwick County that was transferred as a result of tax foreclosure proceedings within three (3) years of the proposed transfer. 5. The use of transferred property must give consideration to any Community/Neighborhood Plan (if one is in place) and a letter of comment must be received from the appropriate planning groups. 6. The amount of consideration shall be determined by the WLB in its sole discretion. 7. All development projects should be started and completed within a time frame negotiated with the WLB. 8. Options are available for 10% of the parcel price for up to a 12-month period. This fee will be credited to the parcel price at closing. If closing does not occur, the fee is forfeited. All option agreements are subject to all policies and procedures of the WLB pertaining to property transfers. 9. A precise narrative description of future use of the property is required. 10. Transactions shall be structured in a manner that permits the WLB to enforce any recorded covenants or conditions upon title pertaining to development and use of the property for a specified period of time. 11. The transferee must agree to pay future property taxes from time of transfer. 12. If code or ordinance violations exist with respect to the property at the time of the transfer, the transfer agreements shall specify a maximum period of time for elimination or correction of such violations, with the period of time to be established as appropriate to the nature of the violation of the anticipated redevelopment or reuse of the property.

13. The proposed use must be consistent with current zoning requirements or the transferee must agree to file any adjustment required to bring the property within the proper zoning for the intended use. 14. Deed Restrictions. The WLB may take into consideration the placement of certain deed restrictions, including but not limited to:

Section 8. Land Assembly Policies.

The WLB is willing to receive title to properties from community development corporations and other entities, and hold title to such properties pending future use by the transferor of the property, or by other third parties. The receipt by the WLB of any and all conveyances of real property shall at all times be solely within the discretion of the WLB, and nothing in this policy shall be deemed to require the WLB to take title to any properties nor to limit the discretion of the WLB in negotiating the terms of its acquisition of any property, whether donated or otherwise.

All conveyances received by the WLB in the land banking capacity must comply with the requirements set forth below in Part A. If the transfer is approved by the WLB, the WLB shall hold the subject property, and may use or convey the subject property or any interest in the subject project, subject only to the right of reacquisition set forth in Part B.

Following the transfer of any properties to the WLB in accordance with this policy, the WLB shall have the right, but not the obligation, to maintain, repair, demolish, clean, and grade the subject property and perform any and all other tasks and services with respect to the subject property as the WLB may deem necessary and appropriate in its sole discretion, or subject to the terms and conditions of the WLB Land Assembly Program.

A. Requirements for Conveyance to the WLB in its Land Assembly Program.

1. Property that is intended to be conveyed to the WLB and to be held by the WLB in its land banking capacity shall be clearly designated as such in the Proposal for Transfer, and in the records of the WLB. 2. No property shall be transferred to the WLB pursuant to this Land Assembly Program unless the transferor is either a private nonprofit entity or a governmental entity. 3. The subject property must be located in Wichita city limits. 4. The subject property must not be occupied by any party or parties as of the date of transfer to the WLB.

5. The subject property must, as of the date of the transfer to the WLB, be free of any and all liens for ad valorem taxes, special assessments, and other liens or encumbrances in favor of local, state or federal government entities. 6. The subject property must, as of the date of the transfer to the WLB, be free of all outstanding mortgages and security instruments.

B. Right of Reaquisition by the Transferor of property in the WLB Land Assembly Program.

1. The transferor shall have a right to reacquire the subject property from the WLB at any time within a period of three (3) years from the date of transfer to the WLB by giving notice to the WLB. 2. The right of reacquisition may be exercised by the transferor upon payment to the WLB of the Purchase Price. The Purchase Price shall be an amount equal to (i) all expenditures of the WLB (whether made directly by the WLB or through payments to a third party contractor) in connection with the subject property incurred subsequent to the date of conveyance to the WLB, and (ii) an amount determined by the WLB as its average indirect costs, on a per parcel basis, of holding its portfolio of properties. 3. The WLB shall have the right, at any time within the three (3) year period following the date of the original transfer, to require the transferor to exercise its right of repurchase by giving written notice to the transferor of the requirement that it exercise its right of reacquisition and the amount of the Purchase Price. The transferor must exercise is right of reacquisition, and close the reconveyance of the property within sixty (60) days of receipt of such notice. Failure of the transferor to exercise and close upon its right of reacquisition within such period of time shall result in a termination of all rights of reacquisition with respect to the subject property.

Section 9. Maintenance.

As a general policy, the WLB will work with qualified end-users, community-minded neighbors, and others to return a property to productive, private ownership as soon as possible. However, the WLB will acquire parcels that may require periodic maintenance while an end-user is solicited.

The WLB’s resources are best used to identify an end-user who will take title to the property and return it to productive use. With this in mind, the WLB will attempt to achieve an appropriate balance between necessary maintenance and the efficient use of its resources.

Maintenance Properties.

When an inspection determines that a lot or structure has marketable potential and recommends against demolition, the parcel shall be considered a Maintenance Property.

To use resources most efficiently, the WLB will prioritize maintenance partnerships with public-sector or non-profit partners whenever possible. The WLB will seek qualified vendors as needed for all necessary maintenance on properties.

The WLB recognizes that the appropriate level of maintenance may vary property-to- property. Maintenance resources will be coordinated in such a way to most efficiently return the property to a productive use. When partnering with the public sector, the WLB will coordinate its maintenance with the existing maintenance schedule of the municipality.

Any residents, businesses, neighbors, block watches or other organizations interested in caring for vacant WLB properties are eligible to adopt a lot. The Adopt-a-Lot program will be offered at no cost.

Section 10. Insurance.

All properties that the WLB acquires will be covered by general liability insurance for the duration of the WLB’s ownership. The WLB may secure property insurance for those parcels with structures present that are not scheduled for blight elimination.

Factors to consider regarding the purchase of property insurance include the proposed length of WLB ownership and the present fair market value of the property.

Section 11. Conveyances to the WLB.

1. Sources of Property Inventory. Sources of real property of the WLB include, but are not limited to the following:

a. Transfers from local government; b. Acquisitions at tax foreclosure sales; c. Donations; d. Outright purchases.

Section 12. Conveyance from the WLB.

1. Covenants, Conditions and Restrictions. All conveyances by the WLB to third parties shall include such covenants, conditions and restrictions as the WLB deems, in its sole discretion, necessary and appropriate to ensure the use, rehabilitation and redevelopment of the property in a manner consistent with the public purpose of the WLB.

2. Deed. All conveyances by the WLB to third parties shall be by quit claim or appropriate deed.

Section 13. Land Banking Donation Program.

1. Donation to WLB. The WLB will only accept donated property that will advance the goals of the WLB. The WLB will only present requests to the City Council for approval when at least one or more of the following conditions are met:

a. The property owner does not have the resources to properly care for the property, or to comply with orders to correct code violations that are present, and evidence of a hardship has been presented. b. The property is located in an area targeted for redevelopment efforts or in a neighborhood with a large number of existing WLB properties. c. There is a written agreement with an owner of an adjoining property to purchase the property from the WLB; this is only in reference to non-buildable vacant lots. d. The City of Wichita may agree to fund the demolition of, or removal of undesirable characteristics or features of an improved property within the Established Central Area as defined in the Wichita: Places for People Plan (2019).

2. Exclusions and Exceptions. Property with adverse environmental conditions or maintenance requirements will not be accepted without a satisfactory plan and funding in place for remediation as determined by the WLB.

a. WLB may require that donated property be conveyed with a marketable title. b. Property that is occupied may not be accepted as a donation. c. WLB shall not determine donation value for tax purposes. d. Any exceptions to the provisions of those listed above must come before the WLB Board of Trustees.

The WLB reserves the right to accept or reject any and all donation requests.

Any property that is conveyed by donation to the WLB will not be available for sale/transfer until the meeting following the approval of the donation by the Board of Trustees.