WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION AGENDA Thursday, March 21, 2019 **REVISED** The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission will be held on Thursday, March 21, 2019, beginning at 1:30 PM in the Planning Commission Conference Room, 271 West Third Street, 2nd Floor, Ste #203, Wichita, Kansas. If you have any questions regarding the meeting or items on this agenda, please call the Wichita-Sedgwick County Metropolitan Area Planning Department at 316.268.4421.
1. Approval of the prior MAPC meeting minutes:
2. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS Items may be taken in one motion unless there are questions or comments. SUBDIVISION CASE DETAILS 2-1. SUB2018-00044: Final Plat – SCHULTE-JOHNSON ADDITION, located on the west side of South Maize Road, South of West Pawnee Avenue. Committee Action: APPROVED 5-0 Surveyor: Baughman Company, P.A. Acreage: 54.34 Total Lots: 143
2-2. SUB2019-00005: Final Plat – EMERALD BAY ESTATES 5TH ADDITION, located South of West 29th Street North, West of North West Street. Committee Action: APPROVED 5-0 Surveyor: Garver LLC Acreage: 5.47 Total Lots: 14
2-3. SUB2019-00007: One-Step Final Plat –SG ADDITION, located on the southeast corner of East 29th Street North, and North Greenwich Road. Committee Action: APPROVED 5-0 Surveyor: Renaissance Infrastructure Consulting Acreage: 22.20 Total Lots: 1
2-4. SUB2019-00008: One-Step Final Plat – HANGING ROCK RANCH ADDITION, located on the Northwest corner of East 45th Street North and North 159th Street East. Committee Action: APPROVED 5-0 Surveyor: Savoy Company, P.A. Acreage: 10.14 Total Lots: 4
2-5. City of Wichita Backyard Drainage Policy:: ,
Committee Action: APPROVED 3-2 Presenter: Joe Hickle
3. PUBLIC HEARING – VACATION ITEMS ADVERTISED TO BE HEARD NO EARLIER THAN 1:30 PM Items may be taken in one motion unless there are questions or comments. Complete legal descriptions are available for public inspection at the Metropolitan Area Planning Department – 271 West Third Street, 2nd Floor, Ste #201, Wichita, Kansas
3-1. VAC2018-00037: City Vacation of platted reserves, alleys, 20 foot utility easement, partial complete access control along Ida, Orme Street right of way and portion of Ida street right of way on property zoned GC and B, Located east of South Washington Avenue, north of East Indianapolis Street. Committee Action: APPROVED 5-0
PUBLIC HEARINGS ADVERTISED TO BE HEARD NO EARLIER THAN 1:30 PM
4. Case No.: CON2019- 00004 Request: City Conditional Use to allow a Correctional Placement Residence, General on a property zoned GO General Office. General Location: near the southwest side of the interchange between East Kellogg Avenue and the Kansas Turnpike (8901 E Orme). The property is located approximately 1000 feet south of East Kellogg. Presenting Planner: Dave Yearout
5. Case No.: PUD2019-00003 Request: City Planned Unit Development to allow event center with gravel parking lot on property currently zoned LC Limited Commercial. General Location: South of Macarthur Road and west of Gold Street (537 West Macarthur). Presenting Planner: Kathy Morgan
6. Case No.: ZON2018-00053 Request: City Zone Change (associated with VAC2018-00037) from B Multiple Family Residential to GC General Commercial for expansion of an existing business. General Location: Southeast corner of Kellogg and Washington (620 S. Washington). Presenting Planner: Dave Yearout
7. Case No.: ZON 2019-00006 Request: City Zone change to amend PO #300 to allow for limited restaurant uses on a property zoned NR Neighborhood Retail. General Location: located north of West Maple Street and approx. 450 feet west of South Ridge Road (7330 W Maple). Presenting Planner: Philip Zevenbergen
NON-PUBLIC HEARING ITEMS 8. Case No.: DER2018-00003 Request: Request for Public Hearing regarding the Wichita: Places for People Comprehensive Plan Amendment. Presenting Planner: Mary Hunt
9. Case No.: Tiny Homes Action and Notification Request: Russell Hamker requests action regarding tiny homes and notification.
10. Other Matters/Adjournment
Dale Miller, Secretary Wichita-Sedgwick County Metropolitan Area Planning Commission
METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2-1 MARCH 21, 2019
STAFF REPORT
CASE NUMBER: SUB2018-00044 – SCHULTE-JOHNSON ADDITION
OWNER/APPLICANT: Russell Investments, L.C., Attn: Jay Russell, PO Box 75337, Wichita, KS 67275
SURVEYOR/AGENT: Baughman Company, P.A., Attn: Kris Rose, 315 Ellis, Wichita, KS 67211
LOCATION: South of West Pawnee Avenue, on the west side of South Maize Road (District IV)
SITE SIZE: 54.34 acres
NUMBER OF LOTS Residential: 143 Office: Commercial: Industrial: __ Total: 143
MINIMUM LOT AREA: 9,100 square feet
CURRENT ZONING: Single-Family Residential (SF-20)
PROPOSED ZONING: Single-Family Residential (SF-5) ______VICINITY MAP
SUB2019-00044 – Plat of SCHULTE-JOHNSON ADDITION March 21, 2018 - Page 2
NOTE: This unplatted site is located in the County adjoining Wichita’s boundary and the applicant proposes annexation to the City of Wichita. Upon annexation, the property will be zoned Single-Family Residential (SF-5) and allow for the lot sizes being platted.
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 Single-Family Residential (SF-5) 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 extend water (distribution) and sewer (laterals) to serve all lots. Main fees are due on water and sewer.
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. City Stormwater Management has approved the drainage plan.
E. The Applicant shall guarantee the paving of the proposed streets. The guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac streets.
F. The applicant has platted contingent dedications to the west and south, for which the locations are acceptable to Traffic Engineering.
G. 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.
H. 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.
I. The Applicant has platted 20-foot building setbacks for the lots and a 0-foot setback for Reserves C and D which represents an adjustment of the Zoning Code standard of 25 feet for the Single-Family District (SF-5). The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.
J. GIS has approved the street names. The applicant shall correctly label the street name blades “private street” or “dead end” or “no outlet” as appropriate. Plans are available from Andy Smith ([email protected]).
K. 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.
L. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].
SUB2019-00044 – Plat of SCHULTE-JOHNSON ADDITION March 21, 2018 - Page 3
M. 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.)
N. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents.
O. 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.
P. 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.
Q. 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.
R. Perimeter closure computations shall be submitted with the final plat tracing.
S. 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.
T. Any relocation or removal of service due to this plat will be at the applicant’s expense.
U. 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]).
METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2-2 MARCH 21, 2019
STAFF REPORT
CASE NUMBER: SUB2019-00005 – EMERALD BAY ESTATES 5TH ADDITION
OWNER/APPLICANT: SNAR, LLC, Attn: Gaylan Nett, 1650 South Meridian Avenue, Suite 7, Wichita, KS 67213
SURVEYOR/AGENT: Garver, LLC, Attn: Will Clevenger, 8535 East 21st Street North, Suite 130, Wichita, KS 67206
LOCATION: South of West 29th Street North, West of North West Street (District VI)
SITE SIZE: 5.47 acres
NUMBER OF LOTS Residential: 14 Office: Commercial: Industrial: __ Total: 14
MINIMUM LOT AREA: 10,819 square feet
CURRENT ZONING: Single-Family Residential (SF-5)
PROPOSED ZONING: Same ______VICINITY MAP
SUB2019-00005 – Final Plat of EMERALD BAY ESTATES 5th ADDITION March 21, 2019 - Page 2
NOTE: This is unplatted property located in the County adjoining Wichita’s boundary and annexation is requested.
STAFF COMMENTS:
A. As the site is adjacent to Wichita’s municipal boundaries, the applicant proposes annexation to the City of Wichita. 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 extend water (distribution) and sewer (laterals) to serve all lots. Main fees are due on water and sewer.
C. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) along with the corresponding dollar amounts shall be submitted to the Planning Department for recording.
D. 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.
E. The applicant should discuss with Public Works the possibility of enlarging Reserve C to create a roundabout for traffic circulation.
F. City Stormwater Management has approved the drainage plan.
G. The plat proposes one street opening along Emerald Bay Street which vacates the complete access control established with Emerald Bay Estates Addition.
H. The applicant shall guarantee the paving of the proposed interior streets. Pedestrian easements are recommended from the north cul-de-sac to Emerald Bay Street.
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. GIS has approved the street names.
L. Approval of this plat will require a waiver of the lot depth-to-width ratio of the Subdivision Regulations for Lots 8 and 9. 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.
SUB2019-00005 – Final Plat of EMERALD BAY ESTATES 5th ADDITION March 21, 2019 - Page 3
M. The Applicant has platted a 20-foot building setback along Emerald Bay Court which represents an adjustment of the Zoning Code standard of 25 feet for the Single-Family District (SF-5). The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.
N. 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.
O. City Environmental Health Division advises that any wells installed on the property for irrigation purposes will have to be properly permitted, installed and inspected.
P. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].
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.
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 relocation or removal of service due to this plat will be at the applicant’s expense.
SUB2019-00005 – Final Plat of EMERALD BAY ESTATES 5th ADDITION March 21, 2019 - Page 4
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]). METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2-3 MARCH 21, 2019
STAFF REPORT
CASE NUMBER: SUB2019-00007 – SG ADDITION
OWNER/APPLICANT: WDD Golf, 17107 North Waterfront Parkway, Wichita, KS 67206
SURVEYOR: Renaissance Infrastructure Consulting, Attn: Brent Thompson, 132 Abbie Avenue, Kansas City, KS 66103
AGENT: K.E. Miller Engineering, 117 East Lewis, Wichita, KS 67202
LOCATION: Southeast Corner of East 29TH Street North, and North Greenwich Road (District II)
SITE SIZE: 22.2 acres
NUMBER OF LOTS Residential: Office: Commercial: Industrial: 1 Total: 1
MINIMUM LOT AREA: 22.2 acres
CURRENT ZONING: Limited Industrial (LI)
PROPOSED ZONING: Same ______VICINITY MAP
SUB2019-00007 -- Final Plat of SG ADDITION March 21, 2019 - Page 2
NOTE: This is a replat of the Greenwich Business Center Addition. The applicant proposes a Conditional Use for a Nightclub in the City. The site is subject to Protective Overlay #74 addressing uses, setbacks, outdoor storage, height and signs.
STAFF COMMENTS:
A. City of Wichita Public Works and Utilities Department advises the site resides in Sedgwick County Rural Water District #1. Special service fees are due before being served with water. A 10-foot utility easement is needed adjacent to Lot 5, Greenwich Business Center Addition. A 30-foot drainage and utility easement is needed adjacent to 27th St North. A drainage easement along the easternmost lot line of Lot 1 should be provided.
B. The plattor’s text shall include language that “No signs, light poles, private drainage systems, masonry fences, masonry trash enclosures or other structures shall be located within public utility easements unless a Use of Easement Permit is obtained from the City of Wichita Public Works & Utilities Department.”
C. The applicant shall submit an Encroachment Agreement to City Public Works prior to submittal of the mylar.
D. On the final plat, the standard language needs corrected in the surveyor’s certificate regarding vacation statutes referencing “K.S.A. 12-512b, as amended”.
E. County Surveying advises the legal description needs to match the deed.
F. County Surveying advises the title block needs corrected to reflect A REPLAT OF LOTS …. “GREENWICH BUSINESS CENTER ADDITION,” an addition to Wichita, Sedgwick County, Kansas.
G. County Surveying advises the Rural Water Dist. No. 1 easement needs to be shown on the west side of the plat - Film 1420, Page 1540-1541.
H. The plattor’s text shall be revised to state “Platted into a Lot, a Block and a Reserve.
I. The plat name needs to be consistent. The Surveyor’s certificate has “an Addition in Wichita”. Plattor’s text has “an Addition to Wichita”.
J. The vicinity map needs corrected to have 3-27-2E or include the Section, Township and Range on a Section corner label.
K. In accordance with the Kansas State Board of Technical Professions, the designation of Licensed Surveyors has been changed to “Professional Surveyors”, and using the two-letter designation of “PS” in the signature block is needed.
L. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording.
M. City Stormwater Management has requested a drainage plan correction.
SUB2019-00007 -- Final Plat of SG ADDITION March 21, 2019 - Page 3
N. 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.
O. Provisions shall be made for ownership and maintenance of the proposed reserves. A restrictive covenant shall be submitted regarding ownership and maintenance responsibilities.
P. 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.
Q. The plat denotes three openings along Greenwich Road and one opening along 29th Street North. The access control note needs to include both Greenwich Road and 29th Street North. One full movement opening is permitted opposite 28th Street and the other two openings along Greenwich need to be rights-in/rights-out. The applicant shall discuss with Traffic Engineering the need for reducing the 100-foot access openings.
R. The preliminary plat needs to correct the street name to read “29th Street North”.
S. The plattor’s text shall reference “stormwater”.
T. 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.
U. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].
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.
SUB2019-00007 -- Final Plat of SG ADDITION March 21, 2019 - Page 4
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. Any removal or relocation of existing equipment of utility companies 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]).
EE. The Applicant intends to remove the building setbacks which will require an adjustment to the building setbacks of the Protective Overlay (P-O#74).
METROPOLITAN AREA PLANNING COMMISSION AGENDA ITEM NO. 2-4 MARCH 21, 2019
STAFF REPORT
CASE NUMBER: SUB2019-00008 – HANGING ROCK RANCH ADDITION
OWNER/APPLICANT: Hanging Rock, Inc., Attn: Christopher Pierce, 11402 West 1st Court North, Wichita, KS 67212
SURVEYOR/AGENT: Savoy Company, P.A., Attn: Mark Savoy, 433 South Hydraulic, Wichita, KS 67211
LOCATION: Northwest corner of East 45th Street North, and North 159th Street East (County District 1)
SITE SIZE: 10.14 acres
NUMBER OF LOTS Residential: 4 Office: Commercial: Industrial: __ Total: 4
MINIMUM LOT AREA: 2 acres
CURRENT ZONING: Rural Residential (RR)
PROPOSED ZONING: Same ______VICINITY MAP
SUB2019-00008 -- Final Plat of HANGING ROCK RANCH ADDITION March 21, 2019 - Page 2
NOTE: This unplatted site is located in the County. The property is designated as “Wichita 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.
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 Management has approved the drainage plan.
F. County Public Works has approved the access controls. The plat proposes one opening along 45th Street and one joint opening along 159th Street.
G. Sedgwick County Fire Department advises that the plat will need to comply with the Sedgwick County Service Drive Code.
H. The plattor’s text shall include language that “This property is within a zone identified by the Sedgwick County Public Works Department as likely to have groundwater at some or all times within ten feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the Sedgwick County Public Works Department.”
I. The joint ingress and egress easements shall be established with an access easement by separate instrument. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument.
J. 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.
K. County Surveying and MAPD requests review of a pdf prior to mylar submittal. Send to [email protected] and [email protected].
L. 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.) SUB2019-00008 -- Final Plat of HANGING ROCK RANCH ADDITION March 21, 2019 - Page 3
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. Any removal or relocation of existing equipment of utility companies 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]).
AGENDA ITEM NO. METROPOLITAN AREA PLANNING COMMISSION March 21, 2019
STAFF REPORT
CASE NUMBER: VAC2018-00037 – City Vacation of platted reserves, alleys, 20-foot utility easement, partial complete access control along Ida, Orme Street right-of-way and portion of Ida Street right-of-way on property zoned GC and B, generally located east of South Washington Avenue, north of East Indianapolis Street.
APPLICANT: Tap of Kansas Holdings LLC, JD Investments of Wichita LLC (applicants) Kaw Valley Engineering (agents).
LEGAL DESCRIPTION: See Attachment.
LOCATION: Generally located on the east side of South Washington Avenue and north of East Indianapolis Street. (WCC I)
REASON FOR REQUEST: For future building expansion, improved vehicle circulation, and to add two access points to Ida Avenue.
CURRENT ZONING: Lots 1 and 2 of Chilton’s 600 South Washington Addition are zoned GC General Commercial (GC). Reserve A and Reserve B of Chilton’s 600 South Washington Addition, and Lots 21, 22, 23, 24, 49, 51, 53, 54, & 56 of Wollman’s Addition are zoned B Multiple-Family Residential (B). (ZON2018-00053 to rezone from B Multiple-Family Residential to GC General Commercial case pending). VICINITY MAP:
VAC2018-00037 – Request to vacate landscape reserves, alleys, utility easement, rights-of-way, and partial complete access control. March 21, 2019 Page 2
BACKGROUND The applicants are requesting multiple vacations on the platted property owned on the east side of South Washington Avenue between Kellogg and east Indianapolis Street. The subject property is in two subdivisions: the Chilton’s 600 South Washington Addition, which was recorded with the Register of Deeds on July 31, 1990, and created two lots and two Reserves for landscaping purposes on the west side of Ida Avenue; and the remnant of Morton Wollman’s Addition, what was recorded with the Register of Deeds on June 13, 1885. The applicant owns all of the property in the Chilton’s 600 South Washington Avenue Addition. They also own Lots 21 & 23 and portions of Lots 49, 51, & 53, Washington Avenue; and Lots 22 & 24 and portions of Lots 54 & 56, Ida Avenue in Morton Wollman’s Addition.
In particular, the applicant has requested the vacation of the following:
1. The 20-foot north/south utility easement in the middle of Lots 1 and 2 of Chilton’s 600 South Washington Avenue Addition.
2. The 20-foot platted alley abutting Lots 21, 22, 23, & 24 along with the portion abutting Lots 49-55 odd and 54-56 even in the Morton Wollman’s Addition.
3. The platted Reserve A and Reserve B of Chilton’s 600 South Washington Avenue Addition, which are reserved for landscape purposes in the plat.
4. Vacate the complete access controls along Ida Avenue on the Chilton’s 600 South Washington Avenue Addition, and substitute permitting two new openings onto Ida Avenue.
5. Vacate the west 10 feet of the street right-of-way for South Ida Avenue along that street in the Chilton’s 600 South Washington Avenue Addition and the west 10 feet of street right-of-way for South Ida Avenue abutting Lots 22, 24, 54, & 56, Ida Avenue of Morton Wollman’s Addition.
6. Vacate the south 16.06 feet of Orme Street right-of-way abutting Lot 56 of Morton Wollman’s Addition.
As noted above, the intent of these requests are to accommodate further redevelopment of the entire subject property. The issue of new access to Ida Avenue has been discussed with Public Works and there is not support for new access points in this area for a commercial activity. The properties along the east side of Ida Avenue are zoned B Multiple-Family Residential (B), however single-family homes are constructed and have been well maintained. Further, it is this fact that was the basis for the creation of the platted Reserves dedicated for landscaping in the Chilton’s 600 South Washington Avenue Addition in 1990.
The character of the area is also set by the properties to the south across Indianapolis Street, which are zoned GC General Commercial. The property on the southwest corner of Ida Avenue and Indianapolis Street also has a Protective Overlay (PO- 43), which also established a 30-foot landscape reserve along Ida Avenue with designation of higher landscaping requirements, along with other restrictions dealing with mitigation requirements to soften impacts to the single-family residential development to the east.
Westar and Cox Communications has lines in the proposed vacate area. Relocation is already underway. James Walburn is the area representative and can be contacted at 316-260-7491.
Based upon information available prior to the public hearing and reserving the right to adjust the recommendation based on subsequent comments from City Public Works, Water & Sewer, Stormwater, Traffic, Fire, franchised utility representatives and other interested parties, staff recommends the following actions for the separate requested vacation actions:
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1. The 20-foot north/south utility easement in the middle of Lots 1 and 2 of Chilton’s 600 South Washington Avenue Addition. APPROVE the vacation of the easement as requested, provided the applicant shall provide Publics Works with a Private Project for the sewer line located in the current 20-foot utility easement by separate instrument. This must be provided to Public Works prior to the case going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds; and, the applicant shall dedicate a 20-foot wide temporary utility easement covering the sewer line by separate instrument, with original signatures, for the length of the platted vacated utility easement until the Private Project is submitted.. This must be provided to Planning prior to the case going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds.
2. The 20-foot platted alley in the Morton Wollman’s Addition. APPROVE the vacation of the alley subject to the applicant providing Publics Works with a Private Project for the sewer line located in the current 20-foot alley by separate instrument. This must be provided to Public Works prior to the case going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds; and, the applicant shall dedicate a 20- foot wide temporary utility easement covering the sewer line by separate instrument, with original signatures, for the length of the platted vacated alley until the Private Project is submitted.. This must be provided to Planning prior to the case going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds.
3. The platted Reserve A and Reserve B of Chilton’s 600 South Washington Avenue Addition, which are reserved for landscape purposes in the plat. APPROVE the vacation of these Reserve’s subject to the establishment of a Protective Overlay outlined in the request to rezone this property to GC General Commercial as discussed in Case No. ZON2018- 00053.
4. Vacate the complete access controls along Ida Avenue on the Chilton’s 600 South Washington Avenue Addition, and substitute permitting two new openings onto Ida Avenue. DENY the request to allow two new opening along Ida Avenue. All existing drives along Ida shall be closed. Complete access control shall be extended south to include Lots 22 ad 24 and north to include Lots 54 and 56 in the Wollman’s Addition and the 16.06 feet of Orme Street right-of- way EXCEPT for the allowance of a controlled, emergency access at the existing drive located at the intersection of Ida Avenue and Kellogg Drive.
5. Vacate the east 10 feet of the street right-of-way for South Ida Avenue along that street in the Chilton’s 600 South Washington Avenue Addition and the east 10 feet of street right-of-way for South Ida Avenue abutting Lots 22, 24, 54, & 56, Ida Avenue of Morton Wollmans’ Addition. APPROVE the vacation as requested, subject to the applicant reconstructing the sidewalk at the new right-of-way line along Ida Avenue to City Standards and at the expense of the applicant.
6. Vacate the south 16.06 feet of Orme Street right-of-way abutting Lot 56 of Morton Wollman’s Addition. APPROVE the vacation as requested subject to the provision of dedicated easements by separate instrument should any utilities be located in the subject area or relocation of the utilities to City Standards and at the owner’s expense.
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 February 28, 2019, which was at least 20 days prior to this public hearing.
2. That no private rights will be injured or endangered by vacating the previously described areas 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. The applicant shall dedicate a 10-feet sidewalk and utility easement along South Washington Avenue by separate instrument, with original signatures, abutting platted Lots 21 & 23 and the portions of Lots 49, 51, & 53 as legally described, Washington Avenue, in Morton Wollman’s Addition and Lots 1 and 2 in Chilton’s 600 South Washington Addition. This must be provided to Planning prior to going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds.
2. Provide restrictive covenants, with original signatures, binding and tying the vacated described alley right-of-way to the abutting properties. This must be provided to Planning prior to the case going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds.
3. Provide restrictive covenants, with original signatures, binding and tying the vacated described portion of Orme Street right of way to the abutting properties. This must be provided to Planning prior to the case going to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds.
4. The applicant shall dedicate complete access control along South Ida Avenue by separate instrument, with original signatures, abutting Lots 22, 24, 54 and 56, Morton Wollman’s Addition and the described portion of the requested vacation of East Orme Street right-of-way with the exception of one controlled, emergency access opening for the existing drive located at the intersection of Ida Avenue and Kellogg Drive. The gate shall remain closed and locked at all times, and the drive shall be used only in the case of emergency by the Fire Department for additional access to the property.
5. Design of the locked gate for the described emergency access drive shall be approved by the Planning Director and the Fire Marshall and shall be installed within 90 days of the approval of ZON2018-00053.
6. As needed provide utilities with any needed project plans for the relocation of utilities for review and approval. Any relocation/reconstruction of utilities made necessary by this vacation shall be to City Standards and shall be the responsibility and at the expense of the applicants. Provide an approved project number(s) to Planning prior to the case going to City Council for final action.
7. All improvements shall be according to City Standards and at the applicants’ expense.
8. Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests are not complete until the Wichita City Council has taken final action on the request and the vacation order and all required documents have been provided to the City 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 per staff recommendations.
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CITY OF WICHITA BACKYARD DRAINAGE POLICY REVISED (3-14-19) EFFECTIVE ______version 12
Purpose: The purpose of this policy document is to outline responsibilities of residential lot grading design and construction by appropriate parties. Requirements of the City of Wichita Engineering and Stormwater; and MABCD are included. Advice to Homeowners as to how to maintain established lot grades is also included.
Definitions:
Master Drainage Plan is an engineered plan submitted at the time of platting which sets forth the method utilized on the property to meet the drainage requirements of the Stormwater Manual, including water quality, channel bank protection and detention. This plan is approved by Stormwater Management and retained indefinitely.
Subdivision 4-Corner Grading Plan is an engineered grading plan showing the grading details required in the Backyard Drainage Policy and Subdivision Regulations Section 7-208(F) Drainage and 7-205(B) Easements. This plan is prepared after plat submittal and subsequently filed with Stormwater Management and MABCD and retained indefinitely.
Individual Lot Grading Plan is a drawing prepared at the time of the issuance of the building permit on an individual lot within a subdivision which shows more detail as to how the yard will be graded and in accordance with the Subdivision 4-Corner Grading Plan. This plan is filed with MABCD and retained indefinitely.
Subdivision 4-Corner Grading Plan Certificate is a form issued by the City Engineer’s Office to MABCD that certifies the lot and easement grading of the subdivision has been accomplished in accordance with the Subdivision 4-Corner Grading Plan and retained indefinitely.
Individual Lot Grading Plan Certificate is a form submitted to MABCD by the Builder noting that lot corners and lot grading as surveyed, are within acceptable tolerances of the Individual Lot Grading Plan.
Developer Requirements:
1. A Master Drainage Plan will be prepared by the developer’s engineer as a part of the final plat process. This Plan must be submitted for review purposes at least two weeks before the final plat is to be considered by the Subdivision Committee.
2. A Subdivision 4-Corner Grading Plan will be prepared by the developer’s engineer in conjunction with the plans for other infrastructure improvements, such as streets, storm drains, etc. and submitted to Stormwater.
3. The Subdivision 4-Corner Grading Plan will show, at a minimum, the following:
A. Street and lot layout. B. Underground storm drain locations, and overflow locations for storm drains exceeding their design capacity. C. Locations of open ditches and lakes. D. Flow line elevations of storm drains at all inlets, manholes, and outfalls. E. Proposed flow line elevations of all open ditches are based at a minimum of 100 feet intervals and 100-year base flood elevations. F. The following information shall reflect on lakes: 1. Lake bottom elevation. 2. Normal pool elevation. 3. Two year and 100-year base flood elevations. 4. Two year and 100-year base inflows and outflows. G. Design top of curb elevation at all points where drainage will be required to flow over the curb, or gutter line elevations at curb penetration box locations. H. The flow line elevations of all open ditches or swales located within drainage easements at all lot corners and at 50 feet maximum intervals in between. Minimum slope for grassed ditches or swales shall be 1.50%. For lesser slopes, paved concrete swales or underground pipe with inlets shall be required. I. For all lots, the following elevations: 1. Lowest viewout window (if no window wells). 2. Walkout threshold elevation (if walkout is at grade). 3. Lowest water entry level if different than 1 or 2 above (for window wells or walkout pit). 4. Basement floor elevation, if not a walkout.
Note: There shall be a minimum of 2 percent slope from the lowest water entry point to a point into the structure on the lot with positive drainage 10 feet away from the house. Also, the lowest water entry point on the structure foundation must be at least one foot above any identified 100 year base flood levels.
4. The Subdivision 4-Corner Grading Plan will provide detailed information for individual builders so that they will have all necessary information as to the type of structures that can be built on certain lots. The developer shall supply the Subdivision 4-Corner Grading Plan to the builder(s).
5. Subdivision plats shall clearly label all drainage facilities as easements, rights-of-way, or reserves when said facilities are used as a part of the Subdivision 4-Corner Grading Plan. Easements are required for underground pipe overflow facilities.
A. The statement “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
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easements and reserves shall be the responsibility of the property owner, and shall be enforced by the Homeowner’s Association and be provided for in the Homeowner’s Association covenants.” shall be included on the face of the plat and within a restrictive covenant filed with the plat.
B. The restrictive covenant shall also state “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.”
6. Upon construction in accordance with the Subdivision 4-Corner Grading Plan through a petitioned or private project, a Subdivision 4-Corner Grading Plan Certificate will be submitted to MABCD by the City Engineer’s Office or inspecting firm, in order for the builder(s) to obtain a building permit.
Builder Requirements:
1. Builders will be required to develop an Individual Lot Grading Plan consistent with the Subdivision 4-Corner Grading Plan and to construct basement and foundation walls to comply with said Plan. The objective is to ensure that final grades can be set so that they will work in substantial compliance with the Subdivision 4-Corner Grading Plan for the lot and area. Minor variances may be allowed providing there is no negative impact on the Subdivision 4-Corner Grading Plan. Builders are urged to review deviations with the developer’s engineer before proceeding.
A. The individual lot grading plans shall include the top of foundation elevations as well as window well and view/walk out elevations and shall be submitted to MABCD before the underground plumbing inspection can be scheduled. B. If a certification of minimum pad (low opening) elevation is needed relative to floodplains, it must be received before the framing inspection. C. A standard basement will be allowed on a lot designated for a viewout or walkout basement provided the lowest water entry point is maintained and the basement does not conflict with the approved Subdivision 4-Corner Grading Plan.
2. All structures will be constructed in strict accordance with the approved individual lot grading plans.
3. Builders will be required to get foundation elevation verification after basement walls are poured and before plumbing groundwork inspection to verify that wall elevations are built in accordance with the Individual Lot Grading Plan. This verification shall be provided by a licensed professional engineer or land surveyor and must be submitted to MABCD in order to obtain the plumbing groundwork inspection.
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4. Builders are required to have a licensed professional engineer or land surveyor verify that the backyard drainage elevations are consistent with both the approved Subdivision 4- Corner Grading Plan and the Individual Lot Grading Plan. Certifications will be provided to MABCD. The Builder will be required to submit the Individual Lot Grading Plan Certificate with the Individual Lot Grading Plan to MABCD for posting electronically in order to obtain a building permit and Certificate of Occupancy. The Builder will provide copies of these documents to the homeowner at closing.
Homeowner Requirements:
1. A homeowner may not install any improvements within a drainage easement that might obstruct the free flow of stormwater.
2. In the event a homeowner experiences standing/nuisance water in a drainage easement, a private underground pipe system will be allowed through a Use of Easement Permit obtained from the Public Works & Utilities Department.
3. The property owner shall provide a copy of the Individual Lot Grading Plan and the Individual Lot Grading Plan Certificate pertaining to said 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.
______Gary Janzen, City Engineer Chris Labrum, Director of MABCD
______Date Date
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Public Works & Utilities Department Engineering Division Phone: 316-268-4501
Subdivision 4-Corner Grading Plan Certification This compliance certificate must be completed and returned to: MABCD 271 W 3rd Wichita KS 67202 as directed below*:
Engineering Project #: ______Project Name: ______Lots Certified: ______Developer: ______
*This certification is required prior to issuing building permits for structures in the subdivision: A site plan detailing design and as-built elevations must be attached. As-built elevation must be within +/-0.2’ tolerance of design elevation
As a Professional Land Surveyor or Professional Engineer licensed by Kansas Board of Technical Professionals, I certify the elevations indicated reflect the actual grades and are within tolerance of the Subdivision 4-Corner Grading Plan.
Certifier’s Name: ______
Company ______
Address: ______
City: ______State: ______Zip: ______(seal)
Signature: ______Date: ______
Title: ______
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AGENDA ITEM NO. 4 STAFF REPORT DAB II 3-18-2019 MAPC 3-21-2019
CASE NUMBER: CON2019-00004
APPLICANT/AGENT: Via Christi Regional Medical Center, Inc. – Elyssa Carter (Owner) / DCCCA, Inc. – Diane Born (Contract Buyer/Agent)
REQUEST: Conditional Use to permit a “correctional placement residence, general:
CURRENT ZONING: GO General Office
SITE SIZE: 7.59 acres
LOCATION: South of East Kellogg and east of the Kansas Turnpike exchange on the south side of East Orme Street (8901 East Orme Street)
PROPOSED USE: Correctional Placement Residence, General
CON2019-00004 BACKGROUND: The applicant is seeking “conditional use” approval for a “correctional placement residence, general” on 7.59 acres located south of Kellogg and west of the Turnpike Interchange on the south side of East Orme Street (8901 East Orme Street) that are zoned GO General Office (GO). The property is developed with an approximately 58,523 square-foot building built in 1986 that is currently being used as a facility for housing of psychiatric and mental health services by Via Christi Behavioral Health Center. The Sedgwick County Appraiser’s Office also shows a use of a skilled nursing use. The applicant, DCCCA, Inc., presently operates a facility that is classified as a Correctional Placement facility at 122 North Millwood in Wichita and intends to move its operation to the subject property. The move to this location will provide more space and outdoor area for its clients and operations.
According to the application information, the applicant provides many programs, including substance use disorder treatment programs, some of which are connected to referrals from Community Corrections, which is why the use is classified as a “correctional placement residence, general” under the Wichita-Sedgwick County Unified Zoning Code (UZC). The applicant has stated this is not a “lock-down” facility”, but does operate with strict management of the freedom of clients to come and go to the facility while housed there.
The Wichita-Sedgwick County Unified Zoning Code defines a “correctional placement residence” as:
Correctional Placement Residence means a facility for individuals or offenders that provides residential and/or rehabilitation services for those who reside or have been placed in such facilities due to any one of the following situations: (1) prior to, or instead of, being sent to prison; (2) received a conditional release prior to a hearing; (3) as a part of a local sentence of not more than one year; (4) at or near the end of a prison sentence, such as a state operated or franchised work release program, or a privately operated facility housing parolees; (5) received a deferred sentence and placed in facilities operated by community corrections; or (6) require court ordered guidance services for alcohol or chemical dependence. Such facilities will comply with the regulatory requirements of a federal, state or local government agency; and if such facilities are not directly operated by a unit of government they will meet licensure requirements that further specify minimum service standards.
The UZC then defines a “correctional placement residence, general” as:
Correctional Placement Residence, General means a facility occupied by more than 15 individuals, including staff members who may reside there.
The UZC permits a “correctional placement residence, general” as a use by right in the GO General Office district; however, under the provisions of the Supplementary Use Regulations in Section III-D(6)(h):
h. Correctional Facility and Correctional Placement Residence. Although listed as permitted uses in certain Districts, Correctional Facilities and Correctional Placement Residences, Limited and General, shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 750 feet (measured from property line to property line) of a residential zoning District, unless separated by a Major Barrier. Correctional Placement Residences shall comply with all applicable federal, state and local regulatory requirements, and if such facilities are not directly operated by a unit of government they shall meet licensure requirements that further specify minimum service standards.
CON2019-00004 Metropolitan Area Planning Commission Page 2 The subject property adjoins property zoned SF-5 Single-Family Residential (SF-5) and B Multiple-Family Residential (B) to the west, which requires the Conditional Use based on the above requirement.
The applicant has submitted an aerial of the existing facility as its site plan. No new construction is shown on the site plan. The only modifications will be made to the interior of the existing buildings.
The property north of the subject property is zoned GC General Commercial (GC) and mostly occupied with a car dealership. Property east of the site is zoned GO General Office and developed with a medical office building. Property west of the site is zoned B Multiple-Family Residential (B) and SF-5 Single- Family Residential. The Multiple-Family Residential property is developed with an apartment complex, and the Single-Family Residential property is developed with single family homes. To the south of the subject property is the Kansas Turnpike.
CASE HISTORY: The East Turnpike Entrance 2ndAddition to the City of Wichita was recorded with the Sedgwick County Register of Deeds on January 20, 1975. In May of 1986, the Charter Hospital was granted a variance for a sign on this property. There are no other zoning cases shown as occurring at this location.
ADJACENT ZONING AND LAND USE:
North: GC car dealership, commercial South: Kansas Turnpike East: GO Medical Offices West: B and SF-5 Apartment Complex, single family residential
PUBLIC SERVICES: The site is currently served by the usual public and private utilities and services. The site has direct access to Orme Street, which is a paved, two-lane improved street and connects to Kellogg Drive to the north by way of Cypress Drive on the east and Eastern Avenue on the west.
CONFORMANCE TO PLANS/POLICIES: The 2035 Wichita Future Growth Concept Map depicts this location as appropriate for “commercial” uses. The “commercial” category encompasses areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. The conversion of this building to the correctional placement residence, general, use is within the spirit and intent of the Comprehensive Plan.
RECOMMENDATION: Based upon the information available at the time the staff report was prepared it is recommended that the request be APPROVED subject to the following conditions:
1. This Conditional Use approval permits a “correctional placement residence, general” as defined by the Wichita-Sedgwick County Unified Zoning Code. 2. The site shall be built, maintained and operated in conformance with the approved site plan (aerial) and in compliance with all applicable local, state and federal regulations, codes or laws. 3. If the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator may, with the concurrence of the Planning Director, declare the Conditional Use null and void.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: The property north of the subject property is zoned GC General Commercial (GC) and mostly occupied with a car dealership. Property east of the site is zoned GO General Office and developed with a medical office building.
CON2019-00004 Metropolitan Area Planning Commission Page 3 Property west of the site is zoned B Multiple-Family Residential (B) and SF-5 Single-Family Residential. The Multiple-Family Residential property is developed with an apartment complex, and the Single-Family Residential property is developed with single family homes. To the south of the subject property is the Kansas Turnpike.
2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned GO and has been used as a medical facility for years. This use is consistent with the uses that have occurred at this location and will essentially result in no change of activity.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should not detrimentally impact nearby properties to any greater extent than the present behavioral health center operated by Via Christi.
4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request would contribute to the public’s safety by increasing the operation of this business which supports the overall justice system of the community. Denial of the request would require the applicant to look for another site.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The 2035 Wichita Future Growth Concept Map depicts this location as appropriate for “commercial” uses. The “commercial” category encompasses areas that reflect the full diversity of commercial development intensities and types typically found in a large urban municipality. The conversion of this building to the correctional placement residence, general, use is within the spirit and intent of the Comprehensive Plan.
6. Impact of the proposed development on community facilities: None identified. The site is currently developed and served by all usual public and private services. Approval of the request will not increase demand on community services or facilities.
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AGENDA ITEM NO. 5
STAFF REPORT MAPC March 21, 2019 DAB IV April 1, 2019
CASE NUMBER: PUD2019-00003
APPLICANT/AGENT: Mark Sr., LLC (Owner/Applicant); Ferris Consulting – Greg Ferris (Agent)
REQUEST: Rezone to Planned Unit Development in order to modify requirements of current zoning
CURRENT ZONING: LC Limited Commercial District and Conditional Use for an Event Center in the City
SITE SIZE: 3.07 acres
LOCATION: Generally located on the south side of MacArthur Road and west side of Gold Street to the west of I-235 (537 West MacArthur Road)
PROPOSED USE: Event Center
BACKGROUND: The applicant is requesting a change in zoning from LC Limited Commercial with a
PUD2019-00003 Metropolitan Area Planning Commission Page 1 Conditional Use for an event center to a PUD Planned Unit Development in order to modify the existing parking requirements. The PUD requirements include hours of operation, restriction of uses, lighting, security, etc. The property is located approximately 1,200 feet west of Interstate 235 and West MacArthur Road at the southwest corner of Gold Street and West MacArthur Road (537 W. MacArthur Road).
The property is bordered on the south by the applicant’s lake. The large lot on the lake makes the site an appealing locale for an event center. The proposed site would be along the lake which is the farthest area on the property from the residential lots not owned by the applicant. The PUD does not permit recreational use of the lake, which is not included in the application area.
The rezoning is necessary to be able develop the event center with a rural ambiance and wants to reduce the amount of paved surfaces required by the existing Conditional Use by allowing a gravel parking area and a gravel driveway. The subject property abuts residentially-zoned properties to the north, south and west and is across the street from residentially-zoned property to the east.
A project site plan was submitted with the application and is attached. There is a proposed new 4,500 square foot building, paved parking area with 22 paved spaces including handicapped parking, a gravel parking area that provides 60 spaces and a gravel driveway off MacArthur Road. It is presumed this building will be the primary facility for all indoor activities. Outdoor events are limited to areas designated on the approved site plan. The site plan indicates a landscape buffer along the south half of the east property line; however, the UZC and Landscape Ordinance requires screening and landscaping to be provided along the north, south, and west property lines also.
The area surrounding this property is mostly residential, with single-family homes located immediately north of the property, on the east side of Gold Street, and on the north side of MacArthur Road. There are commercial uses on the south side of MacArthur Road, on the east side of Gold Street, as well as a commercial use on the north side of MacArthur Road to the west of the entrance to the subject property. Further north of MacArthur on the west side of Gold Street is zoned for commercial uses. Industrial uses are northeast of the property.
The MacArthur Beach Community Unit Plan (DP-72) adjoins this property to the south and west. The bulk of the improvements on this property are the MacArthur’s Lake Apartments, which will be west of the location of the proposed new building across the lake.
CASE HISTORY: The property is not platted. In January of 2018, the property located at 537 W. Macarthur was rezoned to Limited Commercial with a Conditional Use for an event center (ZON2018- 00003 & CON2018-00006). There are no other zoning cases shown for this property.
ADJACENT ZONING AND LAND USE: NORTH: GC and SF-5 Single-family residential and commercial SOUTH: MF-29 Multi-Family Vacant/recreational EAST: SF-5 Residential WEST: SF-5 Vacant
PUBLIC SERVICES: West MacArthur Road is a fully improved arterial street. No access is available from Gold Street. The project site plan does not address issues such as connection to water and sanitary sewer service or the provision of fire protection services. These public service issues will be addressed through the platting process prior to the issuance of any building permit for the event center. 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.
PUD2019-00003 Metropolitan Area Planning Commission Page 2 This location is also within the South Wichita/Haysville Plan area. While the proposed land use is inconsistent with the future land use designation for this area, recently approved commercial zoning north of MacArthur between Seneca and Gold indicates that this is area is transitioning from residential to commercial in character.
RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to the following conditions:
1. General Provisions shall be approved as per the attached Kristy Event Center PUD #62 Provisions. 2. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #62 Kristy Event Center PUD) has special conditions for development on the property. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: The area is a dominated by residential uses; however the subject property is adjacent to a large, outdoor recreational area. The introduction of the proposed use will not be out of character with the neighborhood.
2. The suitability of the subject property for the uses to which it has been restricted: The property is presently zoned SF-5 Single Family Residential and MF-29 Multi-Family Residential. The likelihood of this property being converted to residential uses is slim.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: As noted above, the use of this property for the event center is deemed compatible with the large, outdoor recreation area dominant to the south and west.
4. Length of time the property has been vacant as currently zoned: The property has been privately used but the proposed use enhances the value of the property.
5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as residential on the Future Growth Map Concept Map. This location is also within the South Wichita/Haysville Plan area. While the proposed land use is inconsistent with the future land use designation for this area, recently approved commercial zoning north of MacArthur between Seneca and Gold indicates that this is area is transitioning from residential to commercial in character.
6. Impact of the proposed development on community facilities: Public service issues will be addressed through the platting process prior to the issuance any permit or license for the event center.
Staff Report Attachments: 1. Applicant Narrative 2. Kristy Event Center PUD #62 General Provisions
PUD2019-00003 Metropolitan Area Planning Commission Page 3
January 22, 2018
Dale Miller, Director Metropolitan Area Planning Department 271 W. 3rd St., 2nd Floor Wichita, KS 67202
RE: PUD on the property 537 W. Macarthur
Dear Dale:
January of 2018 the property located at 537 W. Macarthur was rezoned to Limited Commercial with a Conditional Use for an event center. The owner researched event centers and believes that to be successful they need a different setting than a standard urban setting. They have designed their building to resemble a rural building and would like the surroundings to have this same feel.
The approved Conditional Use requires a significant amount of paving. This detracts from the rural atmosphere that the owner would like to exhibit. If the event center is not successful and the property reverts to the retail uses allowed, there will be three or four times the number of required paved spaces.
The applicant would like to modify the parking requirements of the Conditional Use by a Planned Unit Development. The PUD has the same requirements as the Conditional Use except the paved parking and paved access. These requirements include hours of operation, restriction of uses, lighting, security, etc.
The property is boarded on the south by the applicant’s lake. The large lot on the lake makes the site an appealing locale for an event center. The proposed site would be along the lake which is the farthest area on the property from the residential lots not owned by the applicant.
The area is a mix of zoning and uses. The property immediately west of the proposed lot single family and multifamily. The multifamily lot is owned by the applicant. East of the proposed lot is General Commercial zoned lots that have a car wash and storage units. The property north of Macarthur was recently zoned General Commercial. The applicant owns all the property to the south. There is also General Commercial zoned property at the south end of Gold Street, which is the east boarder of the application area.
The property has access from Macarthur which is a major arterial. The existing drive will serve the site. The property is large enough to accommodate parking for the event center.
The application meets the requirements for approval as follows:
PUD2019-00003 Metropolitan Area Planning Commission Page 4
• The zoning, uses and character of the neighborhood: The area is a mix of commercial and residential zoning and uses. The proposed development will be less intense than the property immediately to the east and north. • The suitability of the subject property for the uses to which it has been restricted: There is no significant change in the uses of the property. • The extent to which removal of the restrictions will detrimentally affect nearby property: Because of the approval of General Commercial zoning to the north and the existing General Commercial to the south and east of the property as well as screening and buffer from the existing residential there should be no detrimental impact on nearby property. • Impact of the proposed development on community facilities: The site is on Macarthur which is a major arterial. An event center does not generate significant peak hour traffic and Macarthur should be able to handle any additional traffic generated by the proposed development. The area is served with City water and sewer and the project’s impact and use should be able to be handled by existing infrastructure.
The project meets the required criteria for approval. Please let me know if you have any questions.
Sincerely,
Gregory Ferris
PUD2019-00003 Metropolitan Area Planning Commission Page 5 GENERAL PROVISIONS FOR PUD2019-03 – KRISTY EVENT CENTER PUD #62
1. Total Gross Area: 3.07 acres± 2. Total Net Area: 3.07 acres± 3. Event Center shall be allowed with the following conditions: A. The subject property shall be operated accordance with the development standards contained in Article III, Section III (d)(6)(w) of the Unified Zoning Code. B. Prior to the issuance of any permit or license for an event center, a detailed site plan shall be approved by the Director Planning addressing in detail the extent and use of the entire property, including designation of uses for outdoor areas on the property, location and surfacing of circulation drives and parking, and method of compliance with the screening and landscaping requirements of the Unified Zoning Code and Landscape Ordinance. C. Outdoor events shall be limited to the areas designated on the approved site plan. No events shall utilize the lake located on and adjacent to the property. D. Hours of operation are limited to 6:00 a.m. to midnight, Sunday through Thursday and 1:00 a.m. on Friday and Saturday, except that any outdoor activities must cease operation by 10:30 p.m., Sunday through Thursday, and by 11:00 p.m. on Friday and Saturday. E. The event center shall be limited to an occupancy of 130 persons unless greater than 65 on-site parking spaces are provided. In which case, the occupancy of the event center shall be limited to an occupancy of two persons per parking provided. F. Parking lot light poles shall be limited to a maximum of 15 feet in height, including the base, and shall be shielded to project the light downward and away from residential areas in accordance with Article III, Section III-D.6.w(4) of the Unified Zoning Code. Parking lot lighting shall be extinguished by 12:30 a.m. Sunday through Thursday and 1:30 a.m. Friday and Saturday. G. Events larger than 30 persons shall have private security on-site at all times during the event. H. All permits and approvals shall be obtained, with copies placed on file with the Metropolitan Area Building and Construction Department.
4. The use of this property as an event center is also subject to the restrictions of the Supplementary Uses, Article III, Section III(d)(6)(w) as follows: A. No additional Parking Spaces or restroom facilities need be provided for the initial sixteen occupants to be served in the outdoor area, but Parking and restroom facilities shall be provided to full Code requirements for the portions of the permitted occupant load exceeding sixteen persons. B. No noise generated in conjunction with the outdoor use shall exceed a sound level of five decibels as measured on the 'A' scale of a sound pressure level meter over the normal background noise that is discernible at any property line of a Lot within 1,000 feet that has a residential zoning classification. Normal back-ground noise shall be established by taking the average of ten sound level readings in any ten-minute period. C. The outdoor area shall be screened from ground level view from any residential-zoned property within 150 feet of the outdoor area, by screening in accordance with the requirements of Section IV-B. D. If lighting facilities are provided, the intensity of light and arrangements of reflectors shall be such as not to interfere with residential uses. The lighting shall be in compliance with the lighting requirements of Section IV-B.4. E. The outdoor use shall be designed and maintained in compliance with all other licenses, regulations and requirements of the fire, health, and building codes, including requirements for emergency access to or from any barriers that limit ingress or egress. 5. Parking requirements: Paved parking shall be provided to the extent required by a Retail, General
PUD2019-00003 Metropolitan Area Planning Commission Page 6 land use in the Limited Commercial zoning district. However, at least twenty paved parking spaces shall be required, including handicap spaces, regardless of the building square footage. The required handicap parking spaces shall be on the paved parking area. Gravel parking shall be allowed to accommodate any additional parking required by an event center. 6. Signage: Limited to signage allowed in the Limited Commercial zoning district. 7. Access: Limited to one access point to Macarthur. No access allowed to Gold Street. The first 40 feet of the access drive from Macarthur shall be paved. Gravel allowed on the remaining access drive, interior drives, and parking areas. 8. Screening: Existing metal fence along north property line allowed as required screening. Any other screening required shall be to City code. 9. Landscaping shall be required per the landscape ordinance. 10. Platting is required prior to the issuance of any building permit.
PARCEL 1: A. Net Area: 133,561 sq. ft. ± or 3.07 acres ± B. Maximum Building Coverage: 40,070 sq.ft. or 30 percent C. Maximum Gross Floor Area: 46,750 sq.ft. D. Floor Area Ratio: 35 percent ± E. Maximum building height: 55 feet, except for any other structures exempt by the UZC. F. Setbacks: As shown on plan. G. Unless specified below the Site Development Regulation of the LC Limited Commercial zoning district shall apply. Event Center/Nightclub, together with all uses allowed in Limited Commercial Zoning District except no business that is classified as a “drinking establishment,” “tavern,” “Class A Club,” or “Class B Club” as defined in Chapter 4.04, et seq., of the City Code of Ordinances shall be allowed. "Sexually Oriented Businesses", alcohol sales to the general public or the individual sale of liquor by the drink is prohibited. No facility which is open to the general public whereby alcoholic drinks and/or cereal malt beverages are sold by individual drink and consumed on the property shall be allowed.
The following LC uses shall also be prohibited: Cemetery, Correctional Placement Residence, Recycling Collection Station, Reverse Vending Machine, Animal Care, Car Wash, Convenience Store, Hotel or Motel, Kennel, Marine Facility, Pawnshop, Service Station, Teen Club, Asphalt or Concrete Plant, and Agricultural Research.
LEGAL DESCRIPTION: Beginning at the Northeast Corner of Northwest Quarter; West 180.5 feet; thence South 300 feet; thence West 296.4 feet; thence South 300 feet; thence E. 476.6 feet; thence North 600 feet to the Point of Beginning Except for Right of Way; Section 17-28-1E in Wichita, Sedgwick County, Kansas.
PROJECT DESCRIPTION: The intent of this Planned Unit Development is to permit the development of an event center facility and other site improvements.
PUD2019-00003 Metropolitan Area Planning Commission Page 7
AGENDA ITEM NO. 6
STAFF REPORT MAPC March 21, 2019 DAB 1 April 1, 2019
CASE NUMBER: ZON2018-00053
APPLICANT/AGENT: TAP of Kansas Holdings, LLC. – Donald Patry (Owner)/Kaw Valley Engineering, Inc. – Levi Bond (Agent)
REQUEST: GC General Commercial
CURRENT ZONING: B Multiple-Family Residential
SITE SIZE: .98 acres
LOCATION: Located on the east of South Washington Avenue, north of East Indianapolis Street, and west of South Ida Avenue (620 South Washington Avenue)
PROPOSED USE: Automotive Repair and body shop (Vehicle Repair, General)
BACKGROUND: The applicant is requesting the rezoning of a portion of the property owned on the east side of South Washington Avenue between Kellogg and east Indianapolis Street. The applicant’s total property area is in two subdivisions: the Chilton’s 600 South Washington Addition, which was recorded with the Register of Deeds on July 31, 1990, and created two lots and two Reserves for landscaping purposes on the west side of Ida Avenue; and the remnant of Morton Wollman’s Addition, what was recorded with the Register of Deeds on June 13, 1885. The applicant owns all of the property in the Chilton’s 600 South Washington Avenue Addition, and owns Lots 21 and 23 and part of Lots 49, 51 and 53, Washington Avenue, and Lots 22 and 24 and part of Lots 54 and 56, Ida Avenue, in Morton Wollman’s Addition, and a portion of Orme Street right-of-way. The ownership of the part of Lots 49, 51 and 53, Washington Avenue, Lots 54 and 56, Ida Avenue, and the portion of the Orme Street right-of-way were recently acquired from the City of Wichita and were amended into this case. The applicant also has a vacation case being processed at this time for the same property (Case No. VAC2018-00037).
In this case, the applicant is requesting the rezoning from B Multiple-Family Residential to GC General Commercial of the following:
1. The platted Reserve A and Reserve B of Chilton’s 600 South Washington Avenue Addition, which are reserved for landscape purposes in the plat.
2. Lots 21 and 23 and part of Lots 49, 51 and 53, Washington Avenue, and Lots 22 and 24 and part of Lots 54 and 56, Ida Avenue, in Morton Wollman’s Addition, and a portion of Orme Street right-of-way.
The intent of these requests are to accommodate further redevelopment of the entire subject property. The issue of additional access to Ida Avenue requested in the vacation petitions has been denied, with a restricted access at the north end of the property as explained in the recommendation below.
The property on the southwest corner of Ida Avenue and Indianapolis Street, which is presently zoned GC General Commercial, was rezoned from B Multiple-Family Residential to GC General Commercial on October 20, 1998, (Case No. Z-3292) but with a Protective Overlay (PO-43) which, among other requirements, established a 30-foot landscape reserve along Ida Avenue with higher landscaping requirements to mitigate and soften impacts to the single-family residential development to the east across Ida Avenue for the redevelopment of that property. Staff believes the same general restrictions outlined in that Protective Overlay are reasonable to be maintained on this property adjacent to Ida Avenue, along with the recommendations from the Vacation case. The recommendation given below outlines that proposed language.
The surrounding neighborhood is a mixture of uses. The property to the east on the east side of Ida Avenue is zoned B Multiple-Family Residential and occupied with single-family residences in good condition. The property to the west on the west side of Washington Avenue are zoned GC General Commercial and used commercially. As noted above, the property to the south is zoned GC and used commercially. The property to the north is unzoned and is the interchange for US Highway 54/400 and Washington Avenue.
CASE HISTORY: The overall property owned by the applicant has many previous.
ADJACENT ZONING AND LAND USE: NORTH: B residential SOUTH: LC commercial EAST: LC commercial WEST: GC commercial
PUBLIC SERVICES: East Lincoln Avenue is a fully improved four-lane arterial street with full traffic control improvements and appropriate drainage infrastructure. Ida Avenue is a two-lane residential street with curbs and gutters. All municipal utilities are provided to the site.
CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is located as appropriate for industrial uses. The site is within the Established Central Area (ECA), and is adjacent to the South Central Neighborhood Plan. The established land uses along the Washington Avenue corridor is predominately commercial. The conversion of this land to higher commercial uses is recognized as an appropriate redevelopment in this area given the requirements of the Unified Zoning Code for screening and buffering to the residential uses.
RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, subject to Protective Overlay (PO # 338) to read as follows:
1. The applicant shall designate a landscape buffer along Ida Avenue and comply with the Landscape Ordinance of the City of Wichita.
2. The applicant shall dedicate complete access control along South Ida Avenue by separate instrument, with original signatures, abutting Lots 22, 24, 54 and 56, Morton Wollman’s Addition and the described portion of the requested vacation of East Orme Street right-of-way with the exception of one controlled, emergency access opening for the existing drive located at the intersection of Ida Avenue and Kellogg Drive. The gate shall remain closed and locked at all times, and the drive shall be used only in the case of emergency by the Fire Department for additional access to the property. Design of the locked gate for the described emergency access drive shall be approved by the Planning Director and the Fire Marshall and shall be installed within 90 days of the approval of ZON2018-00053.
3. No business signs, off-site advertising signs, or portable signs shall be permitted on the property along Ida Avenue.
4. Security lighting shall be limited to light fixtures on light poles not exceeding 14 feet in height. All such lighting shall have timers with cut-off switches. All light fixtures shall be shielded and designed to direct light away from adjacent residential properties.
5. No sound projecting devices or loudspeakers shall be used on-site.
6. The applicant shall provide screening on the east side of the area in conformance with the screening requirements of the Section IV-B(e) of the Wichita-Sedgwick County Unified Zoning Code. This will require a solid fence or the use of plant materials sufficient to provide a solid screen. Any deviation of the UZC standard shall be granted only through an application for a variance submitted to the Board of Zoning Appeals and shall only be permitted if the variance is approved by said Board. Further, no materials stored on-site shall be stacked higher than the height of the screening provided.
7. The applicant shall submit a landscape plan for approval to the Director of Planning.
8. A revised site plan detailing all of the above requirements shall be submitted in support of this application prior to submission of the case to the governing body.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: The surrounding neighborhood is a mixture of uses. The property to the east on the east side of Ida Avenue is zoned B Multiple- Family Residential and occupied with single-family residences in good condition. The property to the west on the west side of Washington Avenue are zoned GC General Commercial and used commercially. As noted above, the property to the south is zoned GC and used commercially. The property to the north is unzoned and is the interchange for US Highway 54/400 and Washington Avenue.
2. The suitability of the subject property for the uses to which it has been restricted: The portion of the applicant’s property subject to this request is presently zoned B Multiple-Family Residential and the proposed use is not permitted. The intent of the request is to bring the entire ownership into a single zoning classification to accommodate the continued growth and expansion of the business.
3. Extent to which removal of the restrictions will detrimentally affect nearby property: There should be no negative impacts to future commercial development. Development standards within the Unified Zoning Code coupled with the Protective Overlay will provide adequate safeguards in the future as needed.
4. Length of time the property has been vacant as currently zoned: The property was formerly used for residential purposes and was acquired to support the business expansion outlined herein.
6. 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 area in which the site is located as appropriate for industrial uses. The site is within the Established Central Area (ECA), and is adjacent to the South Central Neighborhood Plan. The established land uses along the Washington Avenue corridor is predominately commercial. The conversion of this land to higher commercial uses is recognized as an appropriate redevelopment in this area given the requirements of the Unified Zoning Code for screening and buffering to the residential uses.
7. Impact of the proposed development on community facilities: The change in zoning classification of the property to GC would not have any impact on community facilities or resources. All public improvements are available to serve the property.
AGENDA ITEM NO. 7 STAFF REPORT MAPC-March 21, 2019 DAB IV-April 1, 2019
CASE NUMBER: ZON2019-00006
APPLICANT Brunswick Properties, LLC
REQUEST: Amend Protective Overlay #300
CURRENT ZONING: NR Neighborhood Retail
SITE SIZE: 0.7 acre
LOCATION: The north side of West Maple Street, approximately 415 feet west of South Ridge Road (7330 W Maple) (WCC #V)
PROPOSED USE: Limited restaurant use.
ZON2019-00006 Metropolitan Area Planning Commission Page 1 BACKGROUND: This application was filed to amend Protective Overlay #300 on the subject property zoned NR Neighborhood Retail. The subject property is located at 7330 West Maple Street, on the north side of West Maple Street, approximately 415 feet west of South Ridge Road. With this request, the applicant would like to amend the Protective Overlay to allow for limited restaurant use. The Unified Zoning Code (UZC) by right allows restaurant uses up to 2,000 square feet in the NR district (Sec III. D- 6.t).
The applicants request to amend the PO includes the following: changing provision #1 to allow up to 2,000-square foot of restaurant use and adding a provision to prohibit restaurant uses from having drive- throughs and deep frying operations. The original provisions of PO #300 are: (1) Permitted uses are an automated teller machine, a bank or financial institution, general office, personal care services, general retail, personal improvement services and medical offices. (2) The hedge like line of mature trees running parallel to the site’s west property line shall be maintained or improved as needed to provide a solid landscape buffer. A line of six-foot tall (at the time of planting) evergreens shall be planted on 12-foot centers along the north property line. An eight-foot tall solid fence shall be installed south of the line of evergreens. The rest of the required landscaping shall be per the Landscape Ordinance. (3) Compatibility setback, height and light standards and all applicable Unified Zoning Code standards will apply to the development of the site. A drainage plan must be approved by the Public Works. (4) No parking or lighting within the rear and interior side yard setbacks.
CASE HISTORY: On October 6, 2015, the Wichita City Council approved ZON2015-00031 which rezoned the south 160 feet of Lot 9, Block D, Westview Addition form SF-5 Single Family Residential to NR Neighborhood Retail with the provisions of Protective Overlay #300 (see Background, second paragraph). During the August 20, 2015 MAPC meeting, the applicant (at the time) withdrew restaurants as a permitted use (as permitted in the NR zoning district) in the PO. Planning Staff had recommended restaurants as a permitted use in the PO.
On April 21, 2016, the MAPC heard ZON2016-00012 and CON2016-00007 in which new applicants (at the time) requested a zoning change of Lot 3, Westview 2nd Addition—the lot abutting the subject property on the north—from SF-5 to TF-3 Two-Family with an Conditional Use for ancillary parking and an amendment to PO #300. The amendment to PO #300 was to change provision #1 to allow a 2,500-square foot restaurant with outdoor seating and to change provision #3 to reduce the compatibility setbacks to 10 feet on the west side of the property. Staff noted restaurants in the NR district shall not exceed 2,000- sqaure feet, which includes the outdoor seating area as stated in the UZC Sec III. D-6.t. The parking requirement for the site with a mix of a 2,000-square foot restaurant and 6,775 square feet of retail (one space per 333-square feet) would require an estimated 53 parking spaces.
At the April 21, 2016 MAPC meeting, the owners of the north butting SF-5 zoned single family residence to Lot 3 protested the proposed amendment to PO #300 to allow a 2,000-square foot restaurant and the proposed TF-3 zoning with the condition use for ancillary parking. The protesters had concerns about possible traffic generated by the restaurant onto Brunswick Street, restaurant patrons parking on Brunswick Street, the hours of trash being picked up, trash generated by a restaurant , possible late hours, noise, and cooking and trash odors. The applicant requested a deferral to discuss with the Traffic Engineer their proposal to have a drive onto Maple Street. The MAPC approved a deferral until May 5, 2016 as to allow DAB V to consider these cases.
ZON2019-00006 Metropolitan Area Planning Commission Page 2 At the May 3, 2016 DAB V meeting, these cases were presented and members of the adjacent neighborhood addressed the Board in opposition to the change. The DAB V passed a motion 5-4 to deny the requested amendment to PO #300 for a restaurant use and to reduce the compatibility setbacks and to deny the requested zone change to TF-3 with the Conditional Use for ancillary parking.
At the May 5, 2016, MAPC meeting the applicant again requested a deferral and the MAPC granted an indefinite deferral. There were protesters at the MAPC meeting.
At the July 21, 2016 MAPC meeting, the Commission approved a motion to deny the requested zone change and amendment to PO #300
On August 30, 2016, ZON2016-00012 and CON2016-00007 were withdrawn by the applicant.
ADJACENT ZONING AND LAND USE:
North: SF-5; Single-family residences South: LC, GC; Big box home improvement, big box retail. East: LC; Carpet sales, small commercial strip, convenience store, restaurant West: SF-5; Single-family residences
PUBLIC SERVICES: The site is served by all normally supplied municipal services. The site has one access drive onto Brunswick Street, a paved two-lane local street which intersects with West Maple Street, a paved four-lane arterial, with center turn lanes at this location. The site currently has an access drive onto West Maple Street on the west side of the property.
CONFORMANCE TO PLANS/POLICIES: The site is located just outside (separated by Ridge Road) the “Community Investments Plan’s” Established Central Area, which is comprised of the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius. The Land Use Compatibility component of the Plan recommends that higher intensity development should be discouraged from locating in areas of existing lower –intensity development, particularly established low intensity residential areas. The subject site abuts urban single-family residential development on its north and west sides.
The Community Investments Plan’s “2035 Wichita Future Growth Concept Map” designates the site as “new employment.” The new employment designation encompasses areas that likely will be developed or redeveloped by 2035 with uses that constitute centers or concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices. In certain areas, especially those in proximity to existing residential uses, higher density housing and convenience retail centers likely will be developed. The subject site abuts urban scale single- family residential zoning on its north and west sides. The previously approved NR zoned portion of the site, subject to the provisions of PO#300 fits the just noted development projection of the new employment designation. The subject site’s current NR zoning and PO serve as a buffer between the area’s LC and GC zoned businesses and the immediate earlier established single-family residential development, thus meeting the Plan’s “Development Pattern” guidelines for areas outside the Established Central Area. The Maple Street – Ridge Road intersection has experience redevelopment from single-family residential to commercial during the last, at least, two and a half decades. Most of the commercial development has happened south of this intersection, extending south a half-mile to Kellogg Street/Us Highway-54. Commercial development ends approximately 520 feet north of the Maple Street – Ridge Road intersection.
ZON2019-00006 Metropolitan Area Planning Commission Page 3 RECOMMENDATION: Approving amendments to the PO to allow for restaurant but prohibiting drive- throughs and deep fat frying operations may present an opportunity to make the subject site more marketable. Amending the PO to allow a restaurant allows very-low intensity retail and office development and other complementary land uses that serve and are generally appropriate near residential neighborhoods.
Based upon the information available at the time the staff report was prepared, it is recommended that the following amendments to PO #300 be APPROVED:
(1) Permitted uses are an automated teller machine, a bank or financial institution, general office, personal care services, general retail, personal improvement services, medical offices, and restaurants up to 2,000 square feet as permitted in the NR district. (2) Restaurants are allowed provided that: restaurants will not be allowed to have drive-throughs and will not be allowed deep frying operations. (3) The hedge like line of mature trees running parallel to the site’s west property line shall be maintained or improved as needed to provide a solid landscape buffer. A line of six-foot tall (at the time of planting) evergreens shall be planted on 12-foot centers along the north property line. A six-foot tall solid fence shall be installed south of the line of evergreens. The rest of the required landscaping shall be per the Landscape Ordinance. (4) Compatibility setback shall be reduced by five-feet along the north property line, height and light standards and all applicable Unified Zoning Code standards will apply to the development of the site. A drainage plan must be approved by the Public Works. (5) No parking or lighting within the rear and interior side yard setbacks.
This recommendation is based on the following findings:
1. The zoning, uses and character of the neighborhood: SF-5 zoned neighborhoods abut the north and west sides of the subject site. The west abutting SF-5 zoned single-family residences (built in the early 1990s) are separated from the subject site by a hedge like line of mature trees and their subdivision’s six-foot brick wall. None of the houses located west of the site have front yards facing Maple Street and their back or interior side yards butt the subject site. The north abutting SF-5 single family residence is separated from the subject site by a 6-foot wooden fence. An LC zoned small Horton’s carpet store (built 1996), small commercial strip with gas pumps (built 1983) and an Outback full service restaurant (built 1999) are located east of the site, across Brunswick Street; Z-2337, Z-3162, and Z-3237. The 0.68-acre carpet store and 0.70-acre commercial strip sites present a similar scale of commercial development that could occur on the 1.03-acres -acre subject site, if the conditional use is approved. South of the site, across Maple Street, are the LC and GC General Commercial zoned big box, 17.71-acre Lowes home improvement store (built 1998) and the LC zoned big box, 15.72-acre Target department store (built 2004); Z-3306/DP-37 and Z-3326, ZON2003-00055/DP-270. Lowes and Target are the two largest commercial developments located along the Ridge Road – Maple Street intersection, which includes full service restaurants, casual dining restaurants, furniture stores, commercial and strip buildings.
2. The suitability of the subject property for the uses to which it has been restricted: The site zoned NR with the provisions PO #300 allows very-low intensity retail and office development and other complementary land uses that serve and are generally appropriate near residential neighborhoods.
ZON2019-00006 Metropolitan Area Planning Commission Page 4 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approving the addition of restaurant as a permitted use contingent with the additional provisions governing the restaurant use would seem to have a minimal negative effect on the abutting single-family residential development.
4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The site is located just outside (separated by Ridge Road) the “Community Investments Plan’s” Established Central Area, which is comprised of the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius. The Land Use Compatibility component of the Plan recommends that higher intensity development should be discouraged from locating in areas of existing lower –intensity development, particularly established low intensity residential areas. The subject site abuts urban single-family residential development on its north and west sides.
The Community Investments Plan’s “2035 Wichita Future Growth Concept Map” designates the site as “new employment.” The new employment designation encompasses areas that likely will be developed or redeveloped by 2035 with uses that constitute centers or concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices. In certain areas, especially those in proximity to existing residential uses, higher density housing and convenience retail centers likely will be developed. The subject site abuts urban scale single-family residential zoning on its north and west sides. The previously approved NR zoned portion of the site, subject to the provisions of PO#300 fits the just noted development projection of the new employment designation. The subject site’s current NR zoning and PO serve as a buffer between the area’s LC and GC zoned businesses and the immediate earlier established single-family residential development, thus meeting the Plan’s “Development Pattern” guidelines for areas outside the Established Central Area.
The Maple Street – Ridge Road intersection has experience redevelopment from single-family residential to commercial during the last, at least, two and a half decades. Most of the commercial development has happened south of this intersection, extending south a half-mile to Kellogg Street/Us Highway-54. Commercial development ends approximately 520 feet north of the Maple Street – Ridge Road intersection.
5. Impact of the proposed development on community facilities: The recommended additions to the PO will have minimal impact on community facilities.
Staff Report Attachments: 1. Area Map 2. Zoning Map 3. Site Pictures
ZON2019-00006 Metropolitan Area Planning Commission Page 5
ZON2019-00006 Metropolitan Area Planning Commission Page 6
ZON2019-00006 Metropolitan Area Planning Commission Page 7
From Maple looking northeast at the site.
ZON2019-00006 Metropolitan Area Planning Commission Page 8
From site looking east toward Brunswick
ZON2019-00006 Metropolitan Area Planning Commission Page 9 AGENDA ITEM: 8
WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING DEPARTMENT
DATE: March 11, 2019
TO: Metropolitan Area Planning Commission (MAPC)
FROM: Mary M. Hunt, AICP, Principal Planner
SUBJECT: DER2018-00003: Request for Public Hearing regarding the Wichita: Places for People Comprehensive Plan Amendment
Background: The Comprehensive Plan, titled the Community Investments Plan (adopted in 2015/2016) outlines several strategies to implement the land use policies stated in the Plan, including encouraging the orderly growth that meets future market demand while considering impacts to tax payers, developers, the environment as well as the community as a whole, while protecting individual property rights. One such strategy is the Wichita Urban Infill Strategy. The Urban Infill Strategy focuses on the Established Central Area (ECA), an area within a three-mile radius of the downtown core. The strategy refers to developing vacant or underutilized land in existing developed areas. By absorbing growth in existing developed areas, residential and employment-based infill development can reduce growth pressure in rural areas; provide efficient use of land; utilize existing infrastructure and services; and improve the quality of life in areas experiencing abandonment and decline. The Plan further addresses the issues where infill development may be inhibited by regulatory barriers, obsolete infrastructure, the mix of incompatible uses and difficulty with land assembly and financing.
DER2018-3 – Wichita: Places for People Comprehensive Plan Amendment 1
The Urban Infill Advisory Committee was formed in November of 2016 and commenced with their first meeting later that same month. The Committee included a wide cross-section of citizens and stakeholder organizations who assumed the role of guiding staff and the consulting team in drafting the Wichita: Places for People Plan.
The Wichita: Places for People Plan was a two-year endeavor that surveyed the important issues articulated by citizens and the Advisory Committee. The Plan addressed two thoughts: New development within the ECA must be accessible by several transportation modes, including pedestrians, bicyclists, transit users and motorists, and commercial development must be well connected to surrounding neighborhoods. The consulting firm, Gould Evans of Kansas City was selected through a competitive selection process and a contract for services was completed in November 2017. A series of eleven meetings, with the consultant took place throughout 2018 including three public engagement sessions, and workshops for both elected officials and the Planning Commission. All meetings with the consulting firm were open to the public. The meetings included visioning exercises, a visual preference survey, development guidelines, zoning recommendations and investment strategies. The public meetings included a Visioning Summit, a Walkability Summit, and a Development Summit.
During 2018, the Urban Infill Advisory Committee developed the components of the Wichita: Places for People Plan including the current economic state of the ECA, the transportation elements within the ECA and how development patterns will define the ECA. This came about through the development of a vision for the ECA, followed by a public engagement series including stakeholder discussions, public workshops, social media and website updates, and a Community survey.
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Economic conditions and opportunities were evaluated and recommendations for the types of development that could occur, including multi-modal transportation elements of the ECA were illustrated throughout the Plan by selecting several locations and providing examples of how areas could develop over time. The Plan also includes recommendations for implementing the Plan and an array of financing tools available now and in the future. On December 10, 2018, the Urban Infill Advisory Committee voted unanimously to approve the Wichita: Places for People Plan. Subsequently, a series of meetings are scheduled for the Spring of 2019 to collect additional public comment.
Financial Considerations: Approving the Wichita: Places for People plan involves no commitment of funding for the City of Wichita. Any city of Wichita funding for projects identified in the Plan will require future City Council action.
Legal Considerations: The MAPD, in accordance with Kansas state statutes, will publish the required public hearing notice in the official City and County newspapers.
Recommended Action: Set the Public Hearing date of Thursday, May 9, 2019 for the Adoption of the Wichita: Places for People Plan as an amendment to the Comprehensive Plan, known as the Community Investments Plan.
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