Metropolitan Area Planning Commission Agenda

AGENDA METROPOLITAN AREA PLANNING COMMISSION Thursday, June 3, 2021 1:30 PM

The virtual meeting of the Metropolitan Area Planning Commission will be held on June 3, 2021 at 1:30 PM in the City Hall Building, 1st floor - City Council Chambers, 455 N. Main, Wichita, Kansas

The meeting will be held virtually, public participation is available in multiple ways, those without technology options can participate in the hearing in-person at the Wichita City Hall Council Chambers - 455 N. Main Street, Wichita, KS 67202 (specified at the bottom of this notice). If you have any questions regarding the meeting or items on this notice, please call the Wichita-Sedgwick County Metropolitan Area Planning Department at (316) 268-4421.

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

1. Approval of the prior MAPC meeting minutes May 20, 2021

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

NONE

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 VAC2021-00020: City vacation of setback for erection of handicapped ramp and deck on property zoned SF-5 Single-Family Residential located 1200 feet south of East Pawnee Avenue, 1200 feet west of South Hillside Avenue (2719 Timberlane Street).

RECOMMENDED ACTION: APPROVE 5-0

3.2 VAC2021-00021: City vacation of side yard setbacks on Lots 1 though 8, Block A of Northgate 4th Addition to be in accord with PUD-86 (Associated with PUD2021- 00006), generally located on the east side of North Meridian Avenue and within one- half mile north of West 53rd Street North (2500 through 2624 W. 55th St.).

RECOMMENDED ACTION: APPROVE 5-0

3.3 VAC2021-00022: City request to vacate a platted street in Limited Industrial (LI) area, generally located within 200 feet east of North Webb Road and within 1,000 feet south of East 37th Street North (3512 North Webb Road).

RECOMMENDED ACTION: APPROVE 5-0

3.4 VAC2021-00023: County Vacation of public right-of-way adjacent to property zoned SF-20 Single-Family Residential; generally located within one-half mile west of South

Metropolitan Area Planning Commission Page 2 June 3, 2021

127th Street East and within one-half mile north of East 63rd Street South (6820 S. Eagle Drive).

**WITHDRAWN** 4.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

4.1 CON2021 00020 - City Conditional Use for rock crushing on property zoned SF 5 Single family Residential located 500 feet east of South Hydraulic Avenue, 2000 feet north of East 71st Street South (East 68th Street).

PRESENTING PLANNER: Kathy Morgan

4.2 CON2021 00021 - City Conditional Use for Accessory Apartment in Single Family Residential (SF 5), Generally located within one quarter mile north of West 13th Street North and within one quarter mile west of North West Street (1612 N Westlynn).

PRESENTING PLANNER: Bill Longnecker

4.3 CON2021 00022 - City Conditional Use to allow an Accessory Dwelling Unit on property zoned SF 5 Single Family Residential; generally located southwest of West Maple Street and South Tyler Road (318 S. Herschel Ave).

PRESENTING PLANNER: Kathy Morgan

4.4 CON2021 00023 - City Conditional Use to allow Daycare, General on property zoned SF 5 Single Family Residential; generally located northwest of East Harry and South Woodlawn (6000 East Harry).

PRESENTING PLANNER: Bill Longnecker

4.5 CON2021 00024 - City Conditional Use to allow Vehicle and Equipment Sales, Outdoor on property zoned LC Limited Commercial; generally located southwest of North Oliver and East Central (4525 East Central).

PRESENTING PLANNER: Kathy Morgan

4.6 CUP2021 00018 - City CUP minor amendment to DP 295 to permit a car wash on property zoned LC Limited Commercial, generally located on the east side of North Maize Road and 1,100 feet south of West 37th Street North.

PRESENTING PLANNER: Philip Zevenbergen

4.7 PUD2021 00006 - City zone change to create Northgate 4th Addition PUD #86; generally located on the northwest corner of Meridian Avenue and 55th Street North.

PRESENTING PLANNER: Philip Zevenbergen

Metropolitan Area Planning Commission Page 3 June 3, 2021

4.8 PUD2021 00008 - City Amendment to PUD 61 to increase maximum building height on two parcels; generally located on the northwest and northeast corners of West Maple and South McLean.

PRESENTING PLANNER: Matt Williams

4.9 PUD2021 00009 - City PUD Planned Unit Development on property zoned SF 5 Single Family Residential and TF 3 Two Family Residential; generally located northeast of North Meridian and West 2nd Street (2207 West McCoy Street).

PRESENTING PLANNER: Philip Zevenbergen

4.10 ZON2021 00023 - City zone change on property zoned SF 5 Single Family Residential to LI Limited Industrial for manufacturing/warehousing generally located approximately 900 feet south of East 55th Street South on the west side of South Hydraulic Avenue (5727 South Hydraulic Avenue).

PRESENTING PLANNER: Philip Zevenbergen

4.11 ZON2021 00024 - City Zone Change from SF 5 Single Family Residential to TF 3 Two Family Residential; generally located 1,600 feet south of West 47th Street South and 1,650 feet west of South Meridian Avenue.

PRESENTING PLANNER: Matt Williams

4.12 ZON2021 00030 - County zone change from GO General Office to LC Limited Commercial two pieces of property generally located 840 feet west and 630 feet south of the southwest corner of West 53rd Street North and North Meridian Ave.

** DEFERRED. MAPC DATE TBD***

4.13 ZON2021-00031 - City Zone Change from SF 5 Single Family Residential to LI Limited Industrial; generally located southwest of East 47th Street and South Broadway Avenue (331 West 47th Street South).

PRESENTING PLANNER: Bill Longnecker

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

PRESENTING PLANNER: Kathy Morgan

Metropolitan Area Planning Commission Page 4 June 3, 2021

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

5.1 DER2021 00003 - The City of Derby Seeks Unilateral Annexation of Tracks of Land on the South Side of East 79th Street South and Within One Half Mile West of South Webb Road.

PRESENTING PLANNER: Matt Williams

6. Other Matters/Adjournment

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

The meeting will be conducted “virtually” using Go-To-Meeting. You have multiple options to participate: 1) submit comments ahead of time, 2) participate remotely, or 3) attend in-person at the Wichita City Hall Building (see below).

Submit Comments Ahead of Time You can submit comments regarding items on the Planning Commission agenda to the Wichita- Sedgwick County Metropolitan Area Planning Department (Planning Department). Comments must be received by the Planning Department no later than 5pm 3 days prior to the meeting. Please be sure to provide ample time for delivery. The comments can be submitted in the following formats: email; letter; video; and audio message (mp3, etc.). The comment should indicate which item they pertain to and be less than three (3) minutes in duration. The comments should be submitted to Planning Department staff using the contact information below. The comments received ahead of the submission deadline will be shared with the MAPC, prior to or during the meeting.

Email [email protected] Mailing Address Wichita-Sedgwick County Metropolitan Area Planning Department Attn: Scott Wadle 271 W. 3rd Street – Suite 201 Wichita, KS 67202 Phone 316.268.4421 Fax 316.858.7764

Participate Remotely

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

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

Access Code: 651-544-141

Join from a video-conferencing room or system. Dial in or type: 67.217.95.2 or inroomlink.goto.com

Metropolitan Area Planning Commission Page 5 June 3, 2021

Meeting ID: 651 544 141 Or dial directly: [email protected] or 67.217.95.2##651544141

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

Attend In-Person

You may also participate in the hearing in-person at the Wichita City Hall Council Chambers (455 N. Main Street, Wichita, KS 67202). Please note that security screening is required for public access to the building, self-paid parking is available nearby, and COVID-19 protocols are in place. For more information please visit www.wichita.gov/visitcityhall. The in-person option is primarily intended for those without other technology options, and who have not previously submitted recorded audio or video comments. If you have any written or visual materials you wish to present, please contact Planning Department Graphics staff (316-268-4464) by 5pm, 3 days prior to the meeting.

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

WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING COMMISSION

MINUTES

May 20, 2021

The virtual meeting of the Metropolitan Area Planning Commission was held on May 20, 2021 starting at 1:30 PM in the City Hall Building, 1st floor - City Council Chambers, 455 N. Main, Wichita, Kansas. The public was allowed to participate in person in the City Council Chambers. The following members were present in-person: Mike Greene, Chair; Bill Johnson (left early), Vice-Chair; John McKay (left early); Anne Fox; Bob Dool (arrived late); Chuck Warren. The following members were present online: Shane Gross; Cindy Miles; Joshua Blick and Terrill Florence (arrived late). The following members were absent: Deb Foster, Hugh Nicks, Rob Hartman; and J Johnson. Staff members present were: Scott Wadle, Planning Director; Neil Strahl, Senior Planner; Kathy Morgan, Senior Planner; Bill Longnecker, Senior Planner; Philip Zevenbergen, Associate Planner; Matt Williams, Associate Planner; JR Cox, Zoning Administrator; Justin Waggoner, Assistant County Counselor; and Jeff Vanzandt, Assistant City Attorney.

1. APPROVAL OF THE PRIOR MAPC MEETING MINUTES.

1.1 Approval of the May 6, 2021 MAPC minutes

MOTION: Approve the May 6, 2021 minutes

MCKAY moved, WARREN seconded the motion, and it passed 8-0-1, BLICK abstained.

2. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS

2.1 SUB2021-00007: Final Plat – WESTWIND ESTATES ADDITION; located one-quarter mile north of West 4th Street North, on the east side of North 199th Street West.

RECOMMENDED ACTION: APPROVE 7-0

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

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

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C. In accordance with the Urban Fringe Development standards, since this plat is located within the Goddard 2030 Urban Growth Area, the subdivider shall contact the City of Goddard, to determine the financial feasibility of connecting the proposed subdivision to the city sewer system. If financially feasible, then the subdivision shall be connected to the city’s sewer system in accordance with that city’s standards.

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

E. County Stormwater has approved the drainage plan.

F. County Surveying advises the centerline of the drainage easement through the middle of Block B needs to have its centerline labeled.

G. County Surveying advises the word ‘the’ is misspelled in the 5th line of the Owner’s Certificate.

H. County Surveying advises the benchmark location descriptions need additional information to locate them to a known point.

I. County Surveying advises the elevation of Benchmark #2 needs to be corrected.

J. County Surveying advises the symbol and monument type for the Section Corners needs to be added to the legend.

K. County Surveying advises (CM), (M) and C.A.C. need to be added to the legend; (CM) distance should be along the south line of the plat.

L. County Surveying advises the 30-foot Drainage Easement along the frontage of Lots 6, 7 and 8, Block A scales at 25 feet.

M. The Applicant has denoted sight distance easements for the curves as requested by County Public Works. The easements will need to be established by separate instrument which will prohibit any obstructions within the sight easements.

N. The plat denotes two street openings along 199th Street. 75 feet of complete access control has been platted along both Hickory and Pine. County Public Works has approved the access controls.

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

P. The applicant shall guarantee the installation of the proposed streets or provide a petition. A 32-foot sand suburban street standard is needed for the loop street.

Q. 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.

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

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

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

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

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

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

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

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

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

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

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

CC. 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]).

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

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

2.2 SUB2021-00023: One-Step Final Plat – KIMBERLY ADDITION; located 1200 feet north of West Central Avenue, 900 feet west of North MacLean Boulevard.

RECOMMENDED ACTION: APPROVE 7-0

NOTE: This is a replat of a portion of the Sim Park Gardens Addition. The property is subject to a Protective Overlay #363 addressing garages, entrances, architectural variety, windows, roof design, siding materials, HVAC and parking area.

STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department advises that water is available to Lot 1, Block 1 and Lot 1, Block 2. Water distribution will have to be extended to Lots 1-3, Block 3. Sanitary sewer will have to be extended to all Lots and Blocks. Sanitary sewer service connections cannot be made under streets.

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

C. City Stormwater Management has approved the drainage plan.

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

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

F. 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.

G. GIS has approved the street names.

H. The Applicant has platted 16-foot rear yard setbacks which represents an adjustment of the Zoning Code standards which requires a 20-foot rear yard setback for the TF-3 district. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

I. The Applicant has platted 5-foot side yard setbacks which represents an adjustment of the Zoning Code standards which requires a 6-foot side yard setback for the TF-3 district. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

J. The Applicant has platted a 20-foot front yard setback which represents an adjustment of the Zoning Code standards which requires a 25-foot front yard setback for the TF-3 district. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

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

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

M. 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.

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

O. 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.)

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

Q. 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.

R. 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.

S. 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.

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

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

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

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

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

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

2.3 SUB2021-00025: One-Step Final Plat – MARINITA 3RD ADDITION; located 650 feet south of East Central Avenue, 2000 feet west of North 127th Street East.

RECOMMENDED ACTION: APPROVE 7-0

NOTE: This is a replat of the Gilders Gardens Addition.

STAFF COMMENTS:

A. City of Wichita Public Works and Utilities Department advises that water is available to Lots 1 and 17. Water will have to be extended to Lots 2-16. Sanitary sewer is available to all Lots.

B. The plattor’s text shall be corrected to state “Any easements are hereby granted to the public as indicated …”

C. The sanitary easement shall be replaced with a sanitary sewer easement.

D. The plattor’s text shall state, “No private drainage systems shall be located within public drainage easements unless a Residential Drainage Relief Permit is obtained from the City of Wichita Public Works & Utilities Department.”

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

F. City Stormwater Management has approved the drainage plan.

G. The Applicant shall guarantee the paving of the proposed street to City standards. In accordance with the Subdivision Regulations, the cul-de-sacs must meet the minimum 35-foot paved radius requirement. The applicant is advised a 50-foot right-of-way radius is sufficient.

City Public Works has required a petition for paving of Jackson Heights Street to city standards for 50% of the cost of the full distance adjacent to the plat.

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H. In accordance with the Backyard Drainage Policy, the plat shall be corrected to state that “A master drainage plan has been developed for this plat. All drainage easements, rights-of-way, and reserves shall remain at established grades (unless modified with the approval of the City Engineer) and shall be unobstructed to allow for the conveyance of stormwater in accordance with the Stormwater Manual. The maintenance of all drainageways and drainage facilities in backyard drainage easements and reserves shall be the responsibility of the property owner, and shall be enforced by the Homeowners’ Association and be provided for in the Homeowners’ Association covenants.”

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

J. GIS has approved the street name.

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

M. The MAPC signature block needs to reference “Scott A. Wadle” as Secretary.

N. 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.

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

P. Approval of this plat will require a waiver of the lot depth-to-width ratio of the Subdivision Regulations for Lots 14, 15 and 16. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. The Subdivision Committee recommends a modification of the design criteria in Article 7 of the Subdivision Regulations as it finds that the strict application of the design criteria will create an unwarranted hardship, the proposed modification is in harmony with the intended purpose of the Subdivision Regulations and the public safety and welfare will be protected.

Q. The Applicant has platted 20-foot front yard setbacks which represents an adjustment of the Zoning Code standards which requires a 25-foot front yard setback for the SF-5 district. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission.

R. Since the subdivision is not located in a FEMA-regulated floodplain, that language may be deleted from the plattor’s text.

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S. County Surveying advises the legal description needs to match the deeds descriptions. “A replat of” shall also be removed in the legal description.

T. County Surveying advises all of the lot lines need bearings shown, including the centerline of Jackson Heights Court and the outer boundary of the plat.

U. County Surveying advises the symbols in the legend do not match the monuments shown.

V. County Surveying advises Measured versus Platted needs to be shown along the plat boundary. (M) and (P) will need added to the legend.

W. County Surveying advises it appears the benchmark elevation is off by at least 10 feet.

X. County Surveying advises the label at the southwest corner of the plat “Gilder’s” and “Townhomes” need corrected.

Y. County Surveying advises the label at the southeast corner of the plat “Townhomes” needs corrected.

Z. The plat denotes the house on Lot 17 encroaching into the 20-foot front yard setback. The plattor’s text shall include language that in regard to the portion of the buildings within the building setback; no enlargement of the building in such area will be allowed and if removed, all subsequent rebuilding shall observe building setbacks.

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

BB. 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.)

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

DD. 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.

EE. 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.

FF. 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.

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

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HH. 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.

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

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

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

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

3. PUBLIC HEARING – VACATION ITEMS

3.1 VAC2021-00019: City vacation of platted utility easements for future development on property zoned GO General Office, LC Limited Commercial with PO-11 and PO309; generally located on the west side of South 135th Street West and on the north side of West Maple Street (13710 W Maple).

RECOMMENDED ACTION: APPROVE 7-0.

Generally described as vacating portions of platted 10-foot and 20-foot wide utility and utility/drainage easements located on Lots 1 and 2, Riverside Health System Addition, and Lots 1, 2 and 3, Block A, The Heritage at Auburn Hills Addition, Wichita, Sedgwick County, Kansas

The applicant proposes to vacate portions of platted 10-foot and 20-foot wide utility and utility/drainage easements located on Lots 1 and 2, Riverside Health System Addition, and Lots 1, 2 and 3, Block A, The Heritage at Auburn Hills Addition; see legal description and exhibits. If approved the vacation will allow the owners to develop the property. There are no public utilities in the subject easement being vacated. Both Evergy and Cox Communications state they have no equipment in the utility easements and no objection to the vacations. The Riverside Health System Addition was recorded July 18, 1997. The Heritage at Auburn Hills Addition was recorded November 18, 2019.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Traffic, Public Works/Water & Sewer/Stormwater, Fire, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described portions of the platted utility easement. 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:

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1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time April 29, 2021, which was at least 20 days prior to this public hearing.

2. That no private rights will be injured or endangered by vacating the described portion of the utility easements, and that the public will suffer no loss or inconvenience thereby.

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

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

(1) Abandonment or relocation/reconstruction of any/all utilities made necessary by the vacation of the described utility easements shall be to City Standards and shall be the responsibility and at the expense of the applicant. As needed provide approval from franchised utilities for the relocation of franchised utilities. All to be provided to the Planning Department prior to this case going to City Council for final action.

(2) As needed provide Planning with dedication of easements by separate instruments with original signatures to go with the Vacation Order to City Council for final action and subsequent recording with the Vacation Order at the Register of Deeds. All to be provided to the Planning Department prior to this case going to City Council for final action.

(3) All improvements shall be according to City Standards and at the applicants’ expense.

(4) Per the approval of Public Works, vacate the portions of platted 10-foot and 20-foot wide utility and utility/drainage easements located on Lots 1 and 2, Riverside Health System Addition, and Lots 1, 2 and 3, Block A, The Heritage at Auburn Hills Addition, Wichita, Sedgwick County, Kansas.

(5) Provide Planning with a legal description of the vacated platted utility easement on a Word document via E-mail that can be used on the Vacation Order. This must be provided to the Planning Department prior to this case going to City Council for final action.

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

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following conditions:

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(3) All improvements shall be according to City Standards and at the applicants’ expense.

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

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

4. PUBLIC HEARINGS

4.1 CUP2021-00009: City CUP Minor Amendment to Womer's Crestview Village DP-35 (LC Limited Commercial zoning) to allow carwash within 200 feet of residential zoning; located 575 feet south of East 21st Street North, on the west side of North Woodlawn Boulevard (2037 and 2055 North Woodlawn)

Lot 2 and Lot 3, Block 2, GP-S 3rd Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting an amendment to the Womer’s Crestview Village Community Unit Plan CUP DP-35 to permit a carwash on the eastern side of Parcel 4. The property is zoned LC Limited Commercial, and is generally located on the west side of North Woodlawn Boulevard and within one-quarter mile south of East 21st Street North. Parcel 4 of the CUP is platted as Lots 1, 2 and 3 of the GP-S 3rd Addition. The application area consists of Lots 2 and 3, which directly front Woodlawn. Formerly, these Lots were developed with a bank and a restaurant. The plan is to raze both existing buildings, and develop a carwash oriented north/south with one access point from/to East Shadybrook Street and one access point to/from Woodlawn. There are currently two access points to/from Shadybrook and three points of access to/from Woodlawn. The applicant will be closing the unused drives along both rights- of-way.

If the subject property was not in a CUP, then a Conditional Use would be needed because of the proximity to residential zoned property. Supplementary Use Regulation of Section III-D.6.f of the Unified Zoning

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Code requires a Conditional Use for a carwash if the site is located within 200 feet of a residential zoning district. The subject site abuts B Multi-Family zoned property to the south. Amending the CUP can be done in lieu of a Conditional Use, as the public hearing process is the same. The Supplementary Use Regulations also contain regulations regarding setbacks, fencing, paving, lighting, signs, noise, circulation, parking, drainage, and maintenance. Attached is the full list of regulations for carwashes set forth in Section III- D.6.f. If this application is approved, each of the items will be reviewed for compliance prior to the issuance of building permits.

The site plan illustrates landscaping, which is required by the Landscape Ordinance since the property abuts an arterial street. The plan shows landscape street yards along Shadybrook and Woodlawn in addition to parking lot screening. Planning Staff has already reviewed and approved the landscape plan.

The character of the surrounding area is predominately commercial with retail stores and fast-food restaurants, and other commercial use. Property to the north is zoned LC Limited Commercial (CUP DP- 35) and is a fast food restaurant. Property to the south is zoned B Multi-Family with apartments. Property to the east is zoned LC (CUP DP-67) and is developed with retail stores and restaurants. Property to the west is zoned LC (CUP DP-35) and is a garden center.

CASE HISTORY: In 1981 the property was platted as Lots 2 and 3 of the G.P-S 3rd Addition and the Womer’s Crestview Village CUP DP-35 was approved.

ADJACENT ZONING AND LAND USE:

NORTH: LC Fast food restaurant, other commercial uses (CUP DP-35) SOUTH: B Apartments EAST: LC Retail and restaurants (CUP DP-76) WEST: LC Garden Center (CUP DP-35)

PUBLIC SERVICES: At this location, North Woodlawn Boulevard is a paved, seven-lane arterial with sidewalks on both sides. East Shadybrook Street is a paved local street with sidewalks on both sides. Municipal water and sewer are available on-site. Wichita Transit has bus stops along East 21st Street.

CONFORMANCE TO PLANS/POLICIES: The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “New Residential/Employment Mix” development. This designation allows for a mixture of residential and commercial uses that are compatible with each other. Due to the proximity of employment centers, residential uses likely will be of higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.

In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as Community Core in between an “area of stability” and “an area of opportunity” defined by the Places for People Plan. A Community Core is a commercial or mixed-use center of between 80,000 and 250,000 square feet, arranged around one or more centralized nodes or along a distinct corridor. These centers most often occur along or at major intersections with commercial and mixed use development. In addition, being in a transition area between an “area of stability” and an “area of opportunity”, strategic investment is key to promoting economic growth and stability. Though the plan does not fully uphold the principles of the Places for People Plan by having the parking closest to the street, it is consistent with the development to the east across Woodlawn. In addition it is improving the safety for the pedestrian environment by reducing the number of driveways onto the property. This increases the safety for the pedestrian by reducing the number of opportunities for a

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

1. The CUP language for Parcel 4 shall be amended to state the following: a. Proposed Use: Financial, Office, Personal Services, Convenience and Service, and Car Wash subject to Section III-D.6.f of the Unified Zoning Code. 2. The amendment shall apply only to Parcel 4. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 3. The applicant shall submit four revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: The character of the surrounding area is predominately commercial with retail stores and fast-food restaurants, and other commercial use. Property to the north is zoned LC Limited Commercial (CUP DP-35) and is a fast food restaurant. Property to the south is zoned B Multi-Family with apartments. Property to the east is zoned LC (CUP DP-67) and is developed with retail stores and restaurants. Property to the west is zoned LC (CUP DP-35) and is a garden center. It is staff’s opinion that due to the predominance of commercial zoning and the regulations set force in the Supplementary Use Regulation III-D.6.f, a car wash use should have minimal negative impacts on nearby properties.

2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LC with CUP DP-35which contains provisions to guide development on this property. The site could be developed commercially within the guidelines of the Community Unit Plan.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The provisions in the Community Unit Plan, in addition to the supplementary use regulations set forth in Section III-D.6.f should minimize and mitigate any potential negative impacts the car wash use may have on the site.

4. Length of time the subject property has remained vacant as zoned: The site was formerly developed as a restaurant and a bank.

5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request will allow development of the property for a neighborhood serving carwash use. Denial would presumably represent a loss of economic opportunity to the applicant and/or land owner.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “New Residential/Employment Mix” development. This designation allows for a mixture of residential and commercial uses that are compatible with each other. Due to the proximity of employment centers, residential uses likely will be of higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.

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7. Impact of the proposed development on community facilities: Significant negative impacts are not anticipated.

PHILIP ZEVENBERGEN, PLANNING STAFF: presented the staff report.

WARREN: What are the sidewalk requirements along Woodlawn when they close down the driveways? What has to be put back?

ZEVENBERGEN: They will have to replace the sidewalk to match what is existing.

TRISH VOTH, 1551 N WATERFRONT PKWY, AGENT: Also at this meeting to answers questions is a representative of the engineering firm designing the carwashes and a representative of Club Carwash. Overall they agree with staff comments. The application is to change the CUP to add “car wash” as a use. Other uses permitted in the CUP are vehicle repair, tire shop, and garden store. The car wash is in-line with these historical use. A denial would represent loss to the applicant. Club Carwash also concurs with the recommendation to put striping along Shadybrook.

ERIC KIRCHNER, COCHRAN ENGINEERING, AGENT: There is no issue is providing lane striping. Shadybrook is wide enough for three lanes. The sidewalk will remain. Added sidewalk during driveway closing/reconstruction will take place and be ADA compliant.

WARREN: Right now, these carwashes operate when staff in on-site. Do we need to add a provision that will govern hours of operation should these ever get automated?

ZEVENBERGEN: That is something that can be added. It would be best to understand their hours of operation now as to not be overly restrictive.

JEFF VANZANDT, ASSISTANT CITY ATTORNEY: The City already has an ordinance that deals with hours of operation that they have to comply with.

KATHY BOWLES, 2021 SEIFKIN ST: Representing Crestview Heights Neighborhood Association. Over the years there has been an increase in traffic in the area especially on Shadybrook. This use would only add to this. There are disabled residents in the area who use Shadybrook to get to Woodlawn. This could make it more dangerous for them.

VOTH: The traffic density of the carwash would not be higher than the density of the two previous uses.

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FOX: We often see that carwash traffic backs up on streets.

VOTH: This depends on the company and the design of the carwash with sufficient queuing space on-site. The only time that there may be a backup is right after a major snow storm.

KIRCHNER: Looking at the site plan, the inside lane is for cash customers. The outside lane is for members only. The site has a stacking space of up to 27 cars on-site before it would get backed up onto Shadybrook. Club Carwash processes 2 cars per minute. This prevents typical backups.

FOX: Maybe there should be stronger lines near the intersection with Woodlawn to provide a crosswalk.

ZEVENBERGEN: You can include providing a crosswalk on Shadybrook in the recommendation.

FLORENCE: What about noise? There is residential property south of it.

ZEVENBERGEN: The Supplementary Regulations have a provision for noise—it must be in compliance with the zoning code. If neighbors think it is too loud, noise is an enforceable thing.

SCOTT WADLE, PLANNING DIRECTOR: There is a provision in the Municipal Code that restricts the decibel levels. From 8:00am to 10:00pm, in residential areas, it can only be 55 decibels. From 10:00pm to 8:00am it is reduced to 50 decibels.

BLICK: This lot is pretty big. How will drainage be handled on the property?

ZEVENBERGEN: Drainage is reviewed at the time of building permits. They will review the drainage and ensure compliance with the approved drainage plan for the plat. If it does not comply, then changes have to be made on-site. Building permits are not issued until drainage is in compliance.

MOTION: To approve subject to staff recommendation.

WARREN moved, BLICK seconded the motion, and it carried (9-0-1).DOOL abstained.

4.2 CON2021-00017: County Conditional Use on RR Rural Residential Zoning to permit a dog boarding, training and breeding business located one-half mile south of 95th St. S. on the east side of South Webb Road (10080 S. Webb Road)

DEFERRED TO JUNE 17, 2021

4.3 CON2021-00018: City Conditional Use to allow Safety Services (Police Station) in TF-3 Two Family Residential Zoning on property; generally located on the west side of South Edgemoor Avenue and on the south side of East Lincoln Street (903 S Edgemoor).

A tract of land lying in a portion of Block 1, Southeast High Addition, Wichita, Sedgwick County, Kansas, said tract of land being more particularly described as follows: Beginning at the Northwest corner of said Block 1, thence along the North line of said Block 1 on an assumed bearing of N 89°06’40” E, 402.48 feet; thence S 00°53’20” E, 85.43 feet; thence

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S 22°12’10” E, 213.23 feet; thence S 00°48’27” E, 200.93 feet; thence S 89°06’40” W, 479.36 feet to a point on the West line of said Block 1; thence along said West line, N 00°55’44” W, 485.00 feet to the Point of Beginning.

BACKGROUND: The applicant is requesting a conditional use to build a new safety service facility (Wichita East Police Station) on approximately five (5) acres, which is zoned TF-3 Two-Family Residential. The subject site is generally located one block west of South Edgemoor Drive on the south side of East Lincoln Street at the southeast corner of South Pinecrest Avenue and East Lincoln Street (903 S Edgemoor Drive).

The Wichita-Sedgwick County Unified Zoning Code (“UZC”) defines “Safety Services” (Art. II.Sec. II- B.12.a) as a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

The property to the north is zoned MF-29 Multi-Family and is developed with court apartments (4 units in each building) and single-family dwellings; and TF-3 which is developed with single-family dwellings. East of the property is zoned TF-3 and in use as the USD 259 Alvin Morris Administrative Center. South of the site is zoned TF-3 and the location of Curtis Middle School and Caldwell Elementary School. West of the site is MF-29 and is developed with one-story, 3 and 4 unit apartment buildings.

CASE HISTORY: In 1968, the subject property was platted as the Southeast High Addition. No other zoning cases are associated with this site.

ADJACENT ZONING AND LAND USE: NORTH: MF-29, TF-3 Court Apartments, Single-Family Residences SOUTH: TF-3 Caldwell Elementary School WEST: MF-29 One-story apartments (3 and 4 units each) EAST: TF-3 Alvin Morris Admin Center USD 259

PUBLIC SERVICES: The subject site has direct access to East Lincoln Street, which is a four-lane arterial street with 80 feet right-of-way. The site plan indicates there is one access to Pinecrest at the south property line. All municipal services are available to the site.

CONFORMANCE TO PLANS/POLICIES: The proposed rezoning is in conformance with the Wichita- Sedgwick County 2035 Community Investments Plan. The plan’s Wichita Future Growth Concept map indicates the application area is located in an area designated as “Residential and Employment Mix” immediately adjacent to “Major Institutional”, which is consistent with the underlying land use. In addition, the Community Investments Plan shows the site within the Established Central Area.

The proposed rezoning is in conformance with the Wichita Places for People Plan. The walkability of the surrounding neighborhoods does not have a negative impact and may contribute to the potential redevelopment of the Harry and Oliver community core node. This site is located in an emerging area within the neighborhood cycle classification and an area of opportunity.

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

(1) The applicant shall obtain all applicable permits including plans for review and approval by the MABCD for the construction of the Safety Services Facility.

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

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

This recommendation is based on the following findings:

(1) The zoning, uses and character of the neighborhood: The property to the north is zoned MF-29 Multi-Family and is developed with court apartments (4 units in each building) and single-family dwellings; and TF-3 which is developed with single-family dwellings. East of the property is TF- 3 and is the USD 259 Alvin Morris Administrative Center. South of the site is zoned TF-3 and the location of Caldwell Elementary School. West of the site is MF-29 and is developed with one- story, 3 and 4 unit apartment buildings

(2) The suitability of the subject property for the uses to which it has been restricted: The subject site is currently zoned TF-3 which permits safety services with a conditional use.

(3) Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request to allow emergency services at the site is not anticipated to have significant detrimental impacts to nearby properties based on the design and operations of the intended land use.

(4) Conformance To Plans/Policies: The proposed rezoning is in conformance with the Wichita- Sedgwick County 2035 Community Investments Plan. The plan’s Wichita Future Growth Concept map indicates the application area is located in an area designated as “Residential and Employment Mix” immediately adjacent to “Major Institutional”, which is consistent with the underlying land use. In addition, the Community Investments Plan shows the site within the Established Central Area.

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

MOTION: To approve subject to staff recommendation.

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

4.4 CON2021-00019: City Conditional Use to permit entertainment establishment and night club in the city on GC General Commercial Zoned property within 300 feet of residential zoning; generally located on the west side of North Cleveland Avenue and two blocks north of East Murdock Avenue (1007 N Cleveland).

Lot 1, Block 1, Historical Dunbar Theater Addition, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a conditional use located in a GC General Commercial

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zoning district to allow use of the Historic Dunbar Theater as a community facility, to host events and/or rent the facility that may include the consumption and sale of alcohol on the premises. In order to be in compliance with the Unified Zoning Code, the property needs to have a conditional use for a Nightclub in the City - in order to have entertainment and alcohol at the site (see the definitions below). In 2009, Power Community Development Corporation purchased the Dunbar Theater and has been renovating the property. In 2008, the property was listed in the Register of Historic Kansas Places and the National Register of Historic Places.

The Unified Zoning Code (“UZC”) defines an “entertainment establishment” and “event center” [Art. II.Sec. II-B.4 (l, m)] as follows: l. Entertainment Establishment(s) in the City means any Event Center or any person or entity that provides entertainment as defined by Chapter 3.30 of the Code of the City of Wichita or any person or entity that provides a venue for any such entertainment. For purposes of this Code, Entertainment Establishment(s) in the City where the establishment is licensed to sell alcoholic liquor or cereal malt beverage or if alcoholic liquor or cereal malt beverage will be offered, consumed or served on the premises shall be considered a Nightclub in the City. m. Event Center in the City means premises that are frequently rented out for public or private activities that are not repeated on a weekly basis, and that are not open to the public on a daily basis at times other than when an event is scheduled.

The UZC requires conditional use for Nightclub in the City and Entertainment Establishments (Sec. III.D.w) as follows: w. Taverns and Drinking Establishments, clubs, Nightclubs in the City and Entertainment Establishments in the City. Although listed as permitted Uses in some Districts, Taverns, Drinking Establishments, clubs, Nightclubs in the City and Entertainment Establishments in the City, when considered Nightclubs in the City, shall be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 300 feet of a Church or Place of Worship, public Park, public or parochial School or residential zoning District.

Property north and west of the subject site are zoned GC and are currently vacant. Property east of the site is GC that is developed with one-story brick commercial buildings and SF-5 Single-Family Residential lot that has an occupied single-family residence. The property to the south zoned GC and is developed with educational buildings owned by USD 259. The existing land use is institutional and retail commercial at the intersection of North Cleveland Avenue and East 9th Street North. SF-5 zoning abuts the GC zoning with no step down zoning to provide a buffer between the residential and commercial uses. Property immediately to the north is zoned GC and is currently vacant. Property to the east is zoned GC and B and is developed with a commercial building, which is non-conforming use on the B zoned portion of the parcel. Properties to the south and west are zoned B and developed with single family residences.

CASE HISTORY: In 2010, the property was platted as the Historical Dunbar Theater Addition. No other zoning cases are associated with this site. In July 2008, the property was listed in the Register of Historic Kansas Places and the National Register of Historic Places.

ADJACENT ZONING AND LAND USE: NORTH: GC Vacant Lot SOUTH: GC USD 259 Dunbar Learning Center WEST: GC Vacant EAST: GC, SF-5 Vacant commercial strip and single-family residence

PUBLIC SERVICES: North Cleveland Avenue is a local, paved street with 60 feet of right-of-way and parking on both sides of the street. There are sidewalks located on both sides of the street and there is a

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transit route on North Cleveland. East 9th Street North is a local, paved street with 80 feet of right-of-way with parking and sidewalks on both sides of the street. The subject site has access to north and south-bound I-135 from the signalized intersection of North Cleveland Avenue and East 8th Street North. The property is connected to municipal water and sewer and is located within 150 feet of a water hydrant for fire protection.

CONFORMANCE TO PLANS/POLICIES: The proposed Conditional Use is in compliance with the Wichita-Sedgwick County Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan), the McAdams Neighborhood Plan, Central Northeast Area Plan Update, and the Wichita: Places for People Plan.

McAdams Neighborhood Plan (adopted June 2003) The McAdams Neighborhood Revitalization Plan identifies this location as a node for community facilities centered at East 9th Street North and North Cleveland Avenue. The plan also recommends a “neighborhood central park” to create a boulevard-type environment with small pockets of green space along the Cleveland corridor from Murdock to 13th Street.

Central Northeast Area Plan Update (adopted September 2005) This site is also located within the Central Northeast Area Updated Plan and is consistent with Priority #1 to “Increase Neighborhood Capacity - To build increased participation, organizational and leadership capacity amongst area residents, businesses and neighborhood associations in order to lead the revitalization implementation initiatives identified in this Plan.” Because this project is community led, it may provide the impetus for the revitalization initiatives.

Wichita-Sedgwick County Community Investments Plan (adopted January 2016) This plan’s 2035 Wichita Future Growth Concept Map identifies this area as local commercial with institutional and residential surrounding the intersection of North Cleveland Avenue and East 9th Street North.

The Wichita: Places for People Plan (adopted 2019) provides recommendations for urban infill development in the Established Central Area. The Places for People plan identifies this location as an “area of opportunity.” Areas of Opportunity are those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.” This site is located in an “emerging” area within the neighborhood cycle classification and is an “area of opportunity.” The proposed project does not have a negative impact on the walkability of the surrounding neighborhoods and may contribute to the potential redevelopment of the area.

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

A. Consumption of alcohol and entertainment will only be allowed within the building located at 1007 North Cleveland Avenue. B. Any change of use or occupancy will require an amendment to the Conditional Use (CON2021- 00019).

This recommendation is based on the following findings:

(6) The zoning, uses and character of the neighborhood: Staff recommends that the conditional use for a Nightclub and Entertainment Center is appropriate for this location. This area has historically been residential with neighborhood commercial, schools and churches since the early 1900s. As residential growth continued east, the African American Population moved in and began purchasing

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existing housing stock and building new houses. The Dunbar School and the Dunbar Theater, built in 1949, were mainstays of this neighborhood. Property north and west of the subject site are zoned GC and is currently vacant. Property east of the site is GC that is developed with one-story brick commercial buildings and SF-5 Single-Family Residential lot that has an occupied single-family residence. The northwest, northeast and southeast corners of 9th Street and Cleveland Avenue are vacant commercial structures at the time this staff report was written. The property to the south (southwest corner of the intersection) is zoned GC and is developed with educational buildings owned by USD 259.

(7) The suitability of the subject property for the uses to which it has been restricted: The subject site is currently zoned GC which permits community assembly. The property can continue to be used for community assembly.

(8) Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should not detrimentally impact nearby properties. The conditions of approval should mitigate any noise and there is on-street parking near the property.

(9) Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: Staff finds that the requested change is in compliance with the Community Investments Plan, Wichita Places for People Urban Infill Plan, the Central Northeast Area Updated Plan and the McAdams Neighborhood Revitalization Plan.

(10) Impact of the proposed development on community facilities: There will be minimal impact to public utilities and services. The subject site has access to north and south-bound I-135 from the signalized intersection of North Cleveland Avenue and East 8th Street North. The property is connected to municipal water and sewer and is located within 150 feet of a water hydrant for fire protection.

KATHY MORGAN, PLANNING STAFF: Presented the staff report. She emphasized that this will not be a night club in the traditional sense of the use. It is to allow the non-profit to conduct fundraisers that have entertainment and serving alcohol simultaneously.

GREENE: Will the parking be street parking?

MORGAN: There may be other lots that the applicant owns that can provide other parking.

WADLE: The applicant would like to do phased development and will have more information about short term and long term parking accommodations.

GREENE: When I hear about something being a night club I get an image in my mind as to what that could be. It was expressed that this will not be a traditional night club. Are there more things we can do to ensure that it does not turn into a traditional night club? The neighborhood might have concerns if we open this up for that use.

MORGAN: The conditions can be modified to restrict the business hours or to only allow the use when there is a function.

DOOL: I’d like to know more about the applicant to ensure that this does not turn into a traditional night club. It is good to looking into the company’s background.

MORGAN: The applicant and the historic preservation office has been working together since 2008 when they acquired this property.

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MILES: Does the person who owns the building run the non-profit?

MORGAN: I’ll defer to the applicant to explain.

SCOTT WADLE, PLANNING DIRECTOR: Power CDC owns the building according to County records, they are the applicant.

MILES: Ok, so it is good that the person who runs the non-profit cannot personally gain from this.

FOX: If we knew the hours of the Dunbar Learning Center, that could help us decide hours of operation for the theater.

TONY RANGLE, LK ARCHITECTURE, AGENT: Power CDC is a non-profit housing organization that has been in Wichita for over 20 years. In the 67214 zip code. They value uplifting the neighborhood through development. They brought a grocery store to the neighborhood. This Dunbar Theater is a multi- phase project. The ultimate goal is to bring it back up to a theater again. It is a $6 million venture. The City of Wichita has granted Power CDC funds to help make the building into a community hall right now. This hall can be rented out to fundraise so the building can begin operating as a theater. The phases would add concessions, elevator, and other amenities to the building. The reason for the Conditional use is only for the consumption of alcohol within 300 feet of a public school. This will only be for fundraising events. There is no intent with this becoming a night club. With the way the code is written, this is the only path to have entertainment and alcohol on the premises at the same time. The hours of operations have not been established yet. During the day it would be more office-type use. During the evening, it would likely be for a wedding or some type event like that. During the weekend, it could be for a religious service. We are in conversation with USD259 to accommodate the parking. The community hall would not require a large amount of parking.

DOOL: Can you give us an example that this non-profit has developed in the past?

RANGLE: There are numerous houses in 67214 in addition to the Save-A-Lot.

WADLE: Over a dozen properties in the vicinity of this.

GREENE: What is the capacity?

RANGLE: As a community hall, the capacity is 49. As a theater, it is over 300—and that is when parking will be addressed.

MCKAY: All of the housing near the police academy along I-135 is what Power CDC has done.

FOX: I am familiar with their work. We work alongside them. The redevelopment of the theater is a long awaited dream with a lot of energy behind it. The residences are fairly far away.

JANET RADIG 1510 E 9TH. I spoke to Mr. Randle. He told me dancing and alcohol. To me that is a night club. We used to have night clubs. They brought death and violence. The applicant owns the building. Any revenue will go to him. He has built house and that is good. But he has also hurt the neighborhood. We have asked him to put in a theater that is it. He describes his purpose for the Dunbar Theater on his website, and this does not fit the description. We have respect for our neighborhood. We do not want this.

JOHN RADIG, 1510 E 9TH. I’ve lived near 9th for 22 years and it has been a bad area. There used to be a motorcycle club that was across the street from the theater. This will open the door for uses like this to come back in. They didn’t care about city codes. The night club was open after hours and there was a death. I would like to see Power CDC do the right thing. I brought people to him that have invested. He has a

Page 22 of 46 May 20, 2021 Metropolitan Area Planning Commission Minutes building at 17th and Hydraulic. Why doesn’t he open it there. We want a theater. We would love to see it come to pass. If this use happens, there is no parking except on the street.

FOX: What years did the former use operate?

JOHN REDDICK: It was just a few years ago.

FARM MCCOY, 1128 N MATHEWSON: I was always told this was a bad neighborhood. I moved my family here. Yes it did have a lot of gang members, but a lot of them have moved away. There has been some violence near this property. There was the motorcycle club that we had problems with. After that, the idea of reinvestment in the Dunbar Theater and we got excited. But now I hear that this use will permit alcohol near a school, near children. We have had incidents take place in the neighborhood, but people are safe because people like to get out and walk around the neighborhood for exercise. The Dunbar School does have later hours in the evening. I disapprove of alcohol being near the school.

CARLA JACKSON 1919 N SPRUCE: I am supporter of the theater renovation. I do not live near it. My concern is that if the capacity is only 49 people, what kind of event can you have that would generate enough revenue for fundraising that would merit rezoning? The neighborhood is a mix of use, but there is no commercial there right now. Some of the housing that Power CDC has built is right across the street from Dunbar. This means people would live right across the street. If people have been dancing and partying, this is going to spill out into the streets. If you say that it is not going to be used on a nightly bases, that is ok, but the wording of “nightclub” is still concerning to me.

JAMES ROSEBORO, 2518 GREENBRIAR: I am representing WIN: Wichita Independent Neighborhoods. The question that is really out there, why do we need to rezone this as a nightclub and to sell alcohol? If you want to do things with a non-profit, come to events that don’t need alcohol. Safety is a main concern. The alcohol may be on the inside, but people will get drunk and come to the outside. Noise will be an issue. We had this issue with the motorcycle club. Listen to the will of the community and to not allow this.

REGINALD FORBES, 935 N MATHEWSON: We live in the neighborhood. WE have see the bad things and we have tried to do something. We have had to come outside and run people off doing illegal things. We protect our neighborhood and children. We have new families with children. No one wants to see their children to come out and see the trash being thrown out of peoples cars. We have all had high hopes for this theater. I used to go to this theater when I was a boy. Why can’t the Dunbar Theater be used for something else other than the delivery of alcohol? Things don’t just stay inside.

RAYMOND SHELLMAN, 530 N. INDIANA. When I was younger, my brother and I attended Dunbar. At the corner of Cleveland and Central, a club wanted to open. The concerns there were parking along the street. There was talk of it being used as an event center. That was a problem. The owner would rent it out to others, but it seemed to have activities most evenings. One of the patrons at this location was crossing the street and hit by a vehicle. It sounds like this could turn out the same way.

RANGLE: The concerns about the hours of operations can be addressed in the conditions of approval. We can also address the types of uses in the facility.

BLICK: There was a letter in the attachments that said the board will set rules and standards for the consumption of alcohol. Have those standards been established?

RANGLE: They are being worked out with the Department of Housing right now.

FOX: Is there a board of directors for the non-profit?

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RANGLE: There is a board of directors.

GREENE: One of the speakers was asking that with a capacity of 49, how do you generate enough revenue for a fundraiser?

RANGLE: They would be small events. Fundraising does not occur just through events at the theater. It is done through grants and other endeavors. Those donors may want to have a private meeting at the space and at that event, have some alcohol. Most of the use will be a community center—events rented out for the community. It is a stipulation from HUD that they make some money through renting out the building.

B JOHNSON: I understand the way things are labeled under night clubs. There are those that are not traditional night clubs. I like that this is done via a conditional use. That means if things are not going the way they should, then it can be revoked. This is a beautiful building and I would like to see it come into a theater again.

WARREN: Several times a year I get invited to events where there is alcohol and they would like me to donate. There is an understanding of responsible drinking. Unfortunately, we have to define this as a nightclub. I don’t think the applicant is ready with a set of rules that would protect the neighborhood from it turning into a night club. I am inclined to deny it until the applicant can put together a plan that would protect the neighborhood.

DOOL: I don’t think this is a good location for an establishment to be serving alcohol. The events make sense, but the neighborhood has had a lot of problems over the years.

FOX: I heard a different level of comment from those from the neighborhood than I expected. This tells me that the neighborhood is against this. I will be against this.

B JOHNSON: If this was not within 300 feet of a school, what is the requirement?

COX: It is not just a school. The regulation also states residential zoning, church, and park. There is residential zoning nearby. If none of those were near, then it would be permitted by right.

MILES: I don’t think that this is an appropriate use at this time.

MOTION: To DENY

MILES moved, FOX seconded the motion, and it carried (6-2-1). FLORENCE abstained. B JOHNSON and GROSS opposed.

4.5 PUD2021-00005: City zone change from B to PUD to create the High Plains Development PUD #85 to address parking needs for existing multi-family development on property; generally located south of East 17th Street North within one half mile east of North Hillside Ave (1705 N Harvard)

Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, and 30, on Yale Avenue, L.R. Gordon Addition to Wichita, Sedgwick County, Kansas. TOGETHER WITH, Lots 32, 34, 36, 38, 40, 42, 44, and 46 on Yale Avenue, L.R. Gordon Addition to Wichita, Sedgwick County, Kansas. TOGETHER WITH, Lot 5, EXCEPT the south 20 feet thereof, and All of Lots 1 and 3, Harvard Avenue, L.R. Gordon Addition to Wichita, Sedgwick County, Kansas. TOGETHER WITH, The South 15 feet of Lot 33, and All of Lots 35, 37, 39, 41, 43, and

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45, on Harvard Avenue, L.R. Gordon Addition to Wichita, Sedgwick County, Kansas. BACKGROUND: The applicant is seeking to establish the High Plains Development Planned Unit Development (PUD #85) to permit multi-family development on a property generally located on the south side of East 17th Street North and within one-half mile east of North Hillside Avenue. The PUD application area encompasses a majority of the city block between East 17th and East 16th Streets and North Yale and North Harvard Avenues. All of the lots except for five lots fronting North Harvard are included in the application. The subject property is currently zoned B Multi-Family. The applicant is proposing a development of approximately 130 apartments on 2.7 acre site. The total number of units has not been finalized, but this level of density is permitted in the B Multi-Family district, which permits up to 75.1 dwelling units per acre.

However, if the site were to comply with the setback standards in the B district and the standard parking requirement for Multi-Family development, the site would not be able to accommodate the desired number of units. Therefore, the applicant is seeking to maximize the buildable square footage on the site by proposing zero-foot setbacks along all streets, five-foot setbacks along adjacent lots, as well as a parking reduction. As seen on the PUD drawing, four total apartment buildings are proposed and the parking is provided on the interior of the site. Currently, two of the apartment buildings are under construction.

The proposed uses allowed by this PUD are limited to those uses permitted by-right in B Multi-Family. The development standards shall comply with the B zoning district in the Unified Zoning Code, except for the setbacks that were stated above. Though B Multi-Family permits a height of up to 55 feet, compatibility standards apply since the structure is near SF Single-Family Residential zoning across 16th Street to the south. Section IV-C.5.a of the Unified Zoning Codes states that for every three feet greater than 50 feet the structure is setback from the SF-5 zoning lot line, the structure may gain one foot in height. Based on the location of the proposed structure, this equates to approximately 38 feet. The PUD text limits the height of the structure to three-stories which should not exceed the compatibility setbacks.

Section IV-A.4 of the Unified Zoning Code lists the parking requirement for efficiency and one-bedroom apartments at 1.25 spaces per dwelling unit and the requirement for two-bedroom or larger is 1.75 spaces per dwelling. The development is intended to be a mixture of one and two-bedroom units. However, the total number of units and the ratio of how many one or two-bedroom units has not been finalized. The parking requirement could range from approximately 163 to 228 parking stalls. The PUD text is requesting a parking ratio of 0.85 stalls per unit with an additional three stalls for the leasing office for a maximum parking requirement of 147 parking stalls. The range of the parking reduction would be approximately 10 to 36 percent. Staff requested a rationale for the parking reduction request but did not receive one at the writing of the staff report. The PUD text provides mitigating factors for the parking reduction as discussed below.

To provide some perspective, sites being redeveloped are eligible to request up to a 25 percent reduction in the parking requirement by Administrative Adjustment. Reducing the parking requirement for redevelopment is consistent with the recommendations in the Places for People Plan. Chapter 3.1-4 of the Places for People Plan states that hiding or minimizing surface parking is a development principle for walkable development. Furthermore, in January 2021, City Council approved PUD2020-00010 for apartments with a reduced parking ratio of 0.8 parking stalls per unit one-block west of the subject site at the corner of East 16th Street and North Vassar. To help mitigate the parking reduction, the PUD2021-00005 text states that a ratio of 0.45 bicycle stalls per unit (with a maximum of 60) shall be installed and maintained on the property. The site is also near Wichita Transit bus stops as discussed in the “Public Services” section below. Finally, The PUD requires that sidewalks be provided along the perimeter of the PUD if they are not present at the time of redevelopment.

The proposed text of the PUD contains standard language regarding the height and control of lighting and light poles, the screening of trash receptacles and mechanical equipment (both ground and rooftop),

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landscape buffers and screening, fire lanes, and access. Signage will be per the Sign Code for B Multi- Family.

The area surrounding this site is primarily zoned for multi-family development and has a mixture of multi- family and single family dwellings. Property to the north is zoned SF-5 Single Family Residential with the University Overlay for the development of Wichita State University. Property to the east is zone B Multi- Family and MF-29 Multi-Family and is developed with single family homes. The east side of Yale does have two (2) undeveloped lots. Property to the south is zoned SF-5 and is Fairmount Park. Property to the west is zoned B Multi-Family and is developed with residence halls for the University and associated parking.

CASE HISTORY: In 1936, the property was platted as part of the L.R. Gordan Addition. In 2019, ZON2019-00052 was approved to rezone the norther portion of the property along Yale to B-Multi Family in order to construct the apartment buildings that have not been constructed. In July 2020, BZA2020-00026 was approved, which was an administrative adjustment for the northern portion of the site to reduce the front setback from 20 feet to 16 feet and to reduce the parking requirement by 24 percent. In December 2020, VAC2020-00026 was approved to vacate a 15-foot platted utility easement along the north property line along East 17th Street. In March 2021, BZA2021-00001 was approved, which was a variance to permit three signs which would not adhere to the sign code for B Multi-Family Residential.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 with U Overlay Wichita State University SOUTH: SF-5 Fairmount Park EAST: B and MF-29 Single Family Homes WEST: B University Residence Halls and Parking.

PUBLIC SERVICES: All municipal water and sewer services are available on site, but may need to be improved in order to accommodate a development with increased density. East 17th Street is a paved, three- lane arterial with sidewalks on both sides. East 16th Street, North Yale Avenue, and North Harvard Avenue are paved, two-way local streets. East 16th has a sidewalk on the south side. Yale and Harvard Avenues have sidewalks on both sides. There are Wichita Transit bus stops within one-quarter mile west and north along North Hillside Avenue and along Perimeter Road on the University campus.

CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for New Residential/Employment Mix. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity business use, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” The proposed rezoning is in conformance to the comprehensive plan.

The Central Northeast Neighborhood Plan Updated (adopted September 2005) governs the area in which this site is located. A “Top Issue” identified in the plan is housing. The plan identifies rehabilitating and repairing the existing housing stock as a preferred choice. This is an overarching principle identified to retain the character of the area as a means to attract new residents. The proposed PUD is not preserving the existing housing stock. However, it is revitalizing the housing stock near Wichita State University to provide higher quality housing for more individuals seeking to live near the University. The density that has been identified as appropriate for the subject site, both in how it is currently zoned as how the PUD proposes it should stay, calls for a significant increase in the number of dwelling units than the existing housing stock can provide. The area in which the subject site is located has experience significant transition from single family dwelling units to multi-family developments. Therefore, it is staff’s opinion that the proposed PUD fits the spirit and intent of the Neighborhood Plan.

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In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as Regional Center by the Places for People Plan. In addition, this site is also located within an identified “area of opportunity.” The Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.” A development such as this aligns with the goals of the Plan for strategic investment. The Places for People Plan also identifies the subject site to be within a Transition area between Wichita State University (or node) and the residential neighborhood (or edge) area to the south. A transition area is defined as “area necessary between the node and the edge that allows the intensity of development and uses, and mix of uses, to transition to the surrounding neighborhood context.” With nodes having higher intensity uses and edges have less intensive uses, the proposed PUD zoning classification for multi-family development is appropriate for this area.

RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to adherence to the recommended PUD text (attached) and the following conditions:

1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #85 High Plains Development Planned Unit Development (PUD) has special conditions for development on the property. 2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: The area surrounding this site is primarily zoned for multi-family development and has a mixture of multi-family and single family dwellings. Property to the north is zoned SF-5 Single Family Residential with the University Overlay for the development of Wichita State University. Property to the east is zone B Multi-Family and MF-29 Multi-Family and is developed with single family homes. The east side of Yale does have a couple undeveloped lots. Property to the south is zoned SF-5 and is Fairmount Park. Property to the west is zoned B Multi-Family and is developed with residence halls for the University and associated parking. The level of density proposed within the PUD is appropriate for the area.

2. The suitability of the subject property for the uses to which it has been restricted: The subject property is currently zoned B Multi-Family and is partially developed with apartment buildings as well as other, smaller single family, and multi-family dwellings. The site is suitable for development of up to 75.1 dwelling units per acre.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed Planned Unit Development for this project will provide the opportunity to maximize the density on the site and provide additional housing options near Wichita State University. The Provisions outlined in the proposed PUD should mitigate negative impacts on neighboring properties.

4. Length of time the property has been vacant as currently zoned: The subject property has

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had recent development of two, new apartment buildings within the last two years. The southern portion of the site is developed with a mix single family and multi-family dwellings which were developed in 1949.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for New Residential/Employment Mix. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity business use, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” The zone change request in in conformance to the comprehensive plan.

In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as Regional Center by the Places for People Plan. In addition, this site is also located within an identified “area of opportunity.” The Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.” A development such as this aligns with the goals of the Plan for strategic investment. The Places for People Plan also identifies the subject site to be within a Transition area between Wichita State University (or node) and the residential neighborhood (or edge) area to the south. A transition area is defined as “area necessary between the node and the edge that allows the intensity of development and uses, and mix of uses, to transition to the surrounding neighborhood context.” With nodes having higher intensity uses and edges have less intensive uses, the proposed PUD zoning classification for multi-family development is appropriate for this area.

6. Relative gain to the public health, safety, and welfare compared to the loss in value or the hardship imposed upon the applicant: Approval would permit increase housing opportunities near Wichita State University. The parking reduction permits other land nearby to continue to be used as it is now, or potentially redeveloped. Denial would represent loss of economic opportunity for the applicant.

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

MOTION: To approve subject to staff recommendation.

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

4.6 ZON2021-00017: County zoning request to rezone a portion of a lot (5.9 acres) from SF-20 to GC (General Commercial) located 1,100 feet north of W. 37th St. N on the east side of Hoover Rd. to allow construction of storage units.

The East 960 feet of the West 1,020 feet of the North 270 feet of the South Half of the Southwest Quarter of Section 26, Township 26 South, Range 1 West, of the 6th P.M., Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a zone change from SF-20 Single-Family Residential to GC General Commercial for a 5.9-acre portion of land they own generally located on the east side of North Hoover Road and within one-quarter mile north of West 37th Street North. The applicant proposes to build self-storage units, which is a use permitted by-right in GC. The site is less than six acres. Therefore, it is not required to be developed as a Community Unit Plan. The applicant provided a site plan which depicts one access point off of North Hoover. This driveway becomes the concrete-paved, main drive aisle between two rows of storage units. The site will have two side aisles to provide access to the north and south sides of the storage units.

Property on the north is zoned LI Limited Industrial with Protective Overlay #286 and is developed with industrial lots and uses. Property on the east and south is zoned SF-20 Single-Family residential. The abutting land is owned by the applicant within the same tax parcel as the subject site. It is undeveloped, agricultural land. Further south is zoned SF-20 with a single family dwelling with accessory structures and agricultural land. Property to the west is zoned SF-20 and is a single family dwelling on a private lake. This property has several conditional uses (CU-276, CU 286, and CU-37) that permitted and extended the timeframe for extractive uses. Within one-half mile east, property is zoned LI and is developed as an active landfill.

Even though the property to the east and south is owned by the applicant, solid screening is required due to the differences in zoning. Section IV-B.2 requires solid screening anytime commercial zoning abut residential zoning. The site plan indicates the presence of berms on the south side. However, they do not appear to be contiguous and there is no indicated screening on the east side. Section IV-B.3 permits the use of berms in place of a six-foot solid screening fence, but the berms must provide continuous screening to the same degree of a six-foot solid screening fence. Additionally, the screening is not within the area that is subject to the zone change request. The area subject to the zone change is not a separate parcel, it is just a portion of a much larger parcel under one ownership. The zoning code just requires that the screening be in between the commercial and residential zoning.

To ensure the screening is maintained by the owner of the storage unit, one item in the Protective Overlay below will address that if there is ever a lot split, that the portion of land on which the screening is installed shall go with the GC zoned land. A revised site and landscape plan shall be submitted revising the screening to be in compliance with the applicable screening standards. Section IV-C requires any commercial property that abuts residential zoning of TF-3 or more restrictive to abide by compatibility setbacks. Based on the width of the lot, the maximum compatibility setback of 25 feet shall apply to the east and south portions of the subject site. Building setbacks along the east comply. However, the building setback along the south is only 20 feet. Either the applicant apply for an Administrative Adjustment to reduce the compatibility

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requirement, or the site plan shall be revised to comply with this setback.

A Protective Overlay shall apply to the property with restrictions akin to those in PO #286, which is applied to the LI zoned property abutting to the north.

CASE HISTORY: The property is unplatted. In order to obtain a building permit, platting is required.

ADJACENT ZONING AND LAND USE: North: LI Industrial Lots and uses. South: SF-20 Agricultural land, single-family dwelling East: SF-20 Agricultural land West: SF-20 Single-family dwelling, private lake.

PUBLIC SERVICES: The site has access to North Hoover Road, a two-lane arterial street with a paved multi-use path on the east side. Wichita municipal water and sewer services are available to the site.

CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “New Residential/Employment Mix” on the Future Growth Map Concept Map. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity business uses, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” The zone change request is in conformance to the comprehensive plan.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, subject to Protective Overlay #370:

Protective Overlay #370

1. Allowed uses permitted by-right in the GC General Commercial zoning district except the following uses: correctional placement residence, limited and general; night club in the city/county; sexually oriented business in the city/county; tavern and drinking establishment; asphalt or concrete plant, limited and general; recycling processing center; landfill; transfer station; and sand extraction.

2. Screening shall be per the Unified Zoning Code Section IV-B.1-3; however, any fences or walls shall be constructed of a consistent pattern and color.

3. Storage of merchandise shall be allowed outside an enclosed building only in compliance with the general screening standards of the Unified Zoning Code and the following additional standards: no outdoor storage or work areas shall be permitted in any building setback; no required off-street parking space or loading area shall be utilized for storage; items stored outdoors shall be screened from view from North Hoover Road and within a distance of 200 feet from any residential uses or residential zoning adjacent to the south and east property lines.

4. If application is made to split the lot to separate the GC-zoned land and storage unit facility away from the larger parcel, the portion of land on which the screening is installed shall be included with the new lot created.

5. Roof-mounted equipment and loading docks; trash receptacles; ground-level heating, air

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conditioning, and mechanical equipment; free standing coolers or refrigeration units; outdoor storage including portable storage containers; outdoor work areas or similar uses shall be screened from ground level view along North Hoover Road and within a distance of 200 feet from any residential uses or residential zoning adjacent to the south and east property lines.

6. All signs shall be limited to signs that would be allowed in the LC Limited Commercial zoning district.

7. The applicant shall submit a revised site/landscape plan to the Planning Department for review and approval prior to the issuance of building permits. The revised site plan shall show a 25-foot compatibility setback along the south boundary or an Administrative Adjustment shall be approved reducing the compatibility setback prior to the issuance of building permits.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property on the north is zoned LI Limited Industrial with Protective Overlay #286 and is developed with industrial lots and uses. Property on the east and south is zoned SF-20 Single-Family residential. The abutting land is owned by the applicant within the same tax parcel as the subject site. It is undeveloped, agricultural land. Further south there is a single family dwelling with accessory structures and agricultural land. Property to the west is zoned SF-20 and is a single family dwelling on a private lake. This property has several conditional uses (CU-276, CU 286, and CU-37) that permitted and extended the timeframe for extractive uses. Within one-half mile east, property is zoned LI and is developed as an active landfill. It is staff’s opinion that the restrictions of the Protective Overlay and compatibility setbacks will minimize negative impacts to surrounding residentially zoned property.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-20 Single-Family residential and has historically be used for agricultural purposes. The current zoning supports development of single-family homes with minimum lot sizes of 20,000 square feet.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request would allow the re-development of the site for General Commercial uses as restricted by PO #370. The applicant intends to develop the entire subject site with warehouse self-storage. With LI Limited Industrial zoning abutting to the north, a request for GC General Commercial is not unreasonable as it is more restrictive than LI. The restrictions of the protective overlay will minimize and mitigate potential negative impacts to surrounding property.

4. Length of time subject property has remained vacant as zoned: The property has historically be use for agricultural uses.

5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval will allow the re-development of the site to provide a storage facility to be used by members of the community. Denial would represent a loss of economic opportunity to the applicant or property owner.

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 site as “New Residential/Employment Mix” on the Future Growth Map Concept Map. This category is described as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity business uses, residential housing types within this area likely will be higher density. Due

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to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” With the industrial zoned area to the north and east, this area will likely develop with similar uses. A request for GC General Commercial zoning fits within the character of the area, but with more restrictive zoning. The zone change request is in conformance to the comprehensive plan.

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

PHILIP ZEVENBERGEN, PLANNING STAFF: presented the staff report.

GREG FERRIS, 144 S BAY COUNTY COURT, AGENT: We did not specify in the application that we wanted a protective overlay. We have reviewed what staff has created and are ok with most of the provisions. There are a few elements we have issues with and would like to be addressed by the Planning Commission because this is just a subset of a larger parcel that is all under one ownership. For items #3 and #5, we ask that the last portion of the last sentence retarding the 200 foot distance from residentially zoned property be removed since the land is under common ownership. There was an error on the site plan that should have shown a solid line along the south edge of the south storage buildings. There would be a screening fence between the buildings and the buildings would also act as screening. The landscape berms were not meant to be screening, but landscaping to add aesthetics. This can be addressed in item #2. Regarding item #7, we ask that you recommend waiving the compatibility setback standards for the Board of County Commissioners to approve.

GREENE: On the south side, it shows berms.

FERRIS: The berms are planned. They are intended to be more of a nice feature separating between the storage and future residential development.

GREENE: I just wanted to make sure the berms would be included. And you are asking to waive the setback requirement to allow a 20 foot setback, correct?

FERRIS: Yes, we are asking for you recommendation to BoCC versus submitting and Administrative Adjustment.

B JOHNSON: How does staff feel about this request?

BLICK: moved to approve per staff comments. MILES seconded it.

MOTION: To approve subject to staff recommendation.

GREENE: So the motion does not include any of the items that the applicant want, correct?

BLICK: correct.

B JOHNSON: I am curious about staff’s comments.

SCOTT WADLE, PLANNING DIRECTOR: I’d say that these are pretty standard conditions. However, the applicant has brought up that they do own the property to the south and east. At this point it is the will of the Planning Commission. Many of those standards are to mitigate issues between property owners. One of the factors to consider, since they own both, is if they will mitigate those visual things in the future when the other property is developed. This storage will be in place before any future so it will be a known factor

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regarding screening of roof-top materials when the other land develops.

GREENE: Would a compromise be to put a condition regarding the screening at the time of sale of the other property?

ZEVENBERGEN: That becomes an enforcement issue that is difficult to do.

SUBSTITUTE MOTION: To approve subject to amending the Protective Overlay for items #2, #3, #5 and #7 per the discussion.

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

4.7 ZON2021-00018: City Zone change from General Office (GO) to General Commercial (GC) for redevelopment; generally located 200 feet east of South Washington Avenue and 200 feet south of East Harry Street. (1621 South Ida Avenue).

Lots 15 and 17, on Ida Avenue, in Ranson and Kay’s Third Addition to the City of Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a zone change from GO General Office to GC General Commercial for a 0.17 acre parcel at 1621 South Ida Avenue, which is generally located 200 feet east of South Washington Avenue and 200 feet south of East Harry Street. The site is vacant but appears to have been used as a parking lot for at least 25 years according to aerial imagery. GC General Commercial zoning permits a larger number of uses than is currently allowed under the GO General Office zoning. Screening would continue to be required along the southern property line adjacent to residential zoning. A wooden fence is currently constructed along the entire length of the south property line.

Properties to the north, east, and west of the subject property are zoned LI Limited Industrial and are developed with a mix of uses including warehouses and an auto body shop. The property to the south of the subject property is zoned B Multi-Family Residential and developed with a single-family home.

CASE HISTORY: On March 19, 1887, the property was platted as Lot 21 of Ranson and Kay’s 3rd Addition.

ADJACENT ZONING AND LAND USE: North: LI Warehouse South: B Single-Family Home East: LI Auto Body Shop West: LI Warehouse

PUBLIC SERVICES: Access to the site is off of South Ida Avenue, a paved, local street. The site also has access to an alley to the west running parallel to South Ida Avenue. There are sidewalks present on the east side of the property. Public water and sewer utilities are available at this location.

CONFORMANCE TO PLANS/POLICIES: The requested GC zoning would continue to allow the property to be in conformance with existing plans and policies.

The requested GC zoning aligns with the goals of the Community Investment Plan. The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for Industrial. This category is described as encompassing “areas that reflect the full diversity of industrial development intensities and types typically found in a large urban municipality.”

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In addition, the requested GC zoning aligns with the goals of the Wichita: Places for People Plan by allowing strategic investment in the area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as an “area of opportunity.” The Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.” New commercial development such as this aligns with the goals of the Plan for strategic investment.

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties to the north, east, and west of the subject property are zoned LI Limited Industrial and are developed with a mix of uses including warehouses and an auto body shop. The property to the south of the subject property is zoned B Multi-Family Residential and developed with a single-family home.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned GO General Office and acts as a buffer between the B Multi-Family Residential zoning to the south and the LI Limited Industrial zoning to the north. While GC General Commercial zoning would allow for an increase in uses on the site, there is solid screening in place.

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

4. Length of time subject property has remained vacant as zoned: This site is vacant, but appears to have been used as a parking lot for at least 25 years according to aerial imagery.

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

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested GC zoning would continue to allow the property to be in conformance with existing plans and policies.

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located within the Established Central Area in an area identified as an “area of opportunity.” The Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.” New commercial development such as this aligns with the goals of the Plan for strategic investment.

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

MOTION: To approve subject to staff recommendation.

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

4.8 ZON2021-00019: City zone change from B Multi-Family (B) to General Commercial (GC) for Office Warehouse; generally located within 200 feet south of East Central Avenue and within 200 feet East of North Hydraulic Avenue on the west side of N. Kansas Avenue.

Lots 13 and 15, on Venice, now Kansas Avenue, McCampbell’s Addition to Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a zone change from B Multi-Family to GC General Commercial on 0.135 acre parcel north of 431 North Kansas Avenue; generally located 200 feet south of East Central on the west side of North Kansas Avenue, approximately 200 feet west of I-135. This site has been vacant since at least 1997. The applicant is requesting GC zoning to allow construction sales and service, and associated warehousing. GC General Commercial does permit outdoor storage subject to supplementary use regulations in Section III-D.6.dd. The applicant does own the property to the north of the subject site.

Landscaping and screening will be required on the interior (south) property line and the rear (alley) property line as per the Unified Zoning Code (UZC) Section IV.B.d (1)(2): d. Screening along interior side and rear yards. (1) General. Screening of all nonresidential Uses shall be provided along all side or rear Lot Lines Abutting or across an Alley from a residential zoning District and screening of Multi-Family and Manufactured Home Park Uses shall be provided along all side or rear Lot Lines Abutting or across an Alley from property zoned TF-3 or more restrictive.

2) Solid Screening with Fencing, Screening Walls, evergreen vegetation or landscaped earth berm may be omitted for Multi-Family, Manufactured Home Park, office and institutional uses along any side or rear Lot Line, or portion thereof, whenever such development provides at least a 15-foot- wide Landscape buffer Contiguous to such Lot Line or portion thereof. The buffer shall provide a minimum of one shade tree or equivalent ornamental tree or evergreen tree and five shrubs for every 30 linear feet of Abutting Lot Line and/or Contiguous property line or one shade tree or equivalent ornamental tree or evergreen tree every 20 linear feet without shrubbery, in either case with at least one-third of all plant material being evergreen, or applicable standards of the City of Wichita Landscape Code if these are more stringent.

The existing land use is commercial along East Central Avenue in GC zoning with the exception of Washington Accelerated Learning Elementary School at the southwest corner of Hydraulic and Central. B Multi-family zoning abuts the GC zoning with no step down zoning to provide a buffer between the

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residential and commercial uses. Property immediately to the north is zoned GC and is currently vacant. Property to the east is zoned GC and B and is developed with a commercial building, which is non- conforming use on the B zoned portion of the parcel. Properties to the south and west are zoned B and developed with single family residences.

CASE HISTORY: In June1887, the property was platted as the McCampbell’s Addition. There are no other zoning cases associated with this property.

ADJACENT ZONING AND LAND USE: North: GC Vacant Lot South: B Single Family Residences East: GC & B Heating & Air business, Single Family Residences West: B Single Family Residences

PUBLIC SERVICES: Kansas Avenue is a paved, local collector with a 60-foot right-of-way. North Kansas Street has a hammer head dead end with no access to East Central Avenue. Access to that location is from North Hydraulic Avenue, a four-lane, paved arterial street and East 3rd Street North, a local collector street with 60-foot right-of-way. Kanas Avenue has sidewalks on both sides of the street. Municipal water and sewer are available to the site and can accommodate the proposed re-development project.

CONFORMANCE TO PLANS/POLICIES: The proposed rezoning is not in conformance with the Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan). This plan includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located as the Established Central Area and indicates the area to be developed as residential. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The Places for People plan identifies this location as an “area of opportunity.” Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.”

The proposed rezoning is located within the plan area of the Central Northeast Area Plan Update and is in conformance with that plan. The proposed rezoning helps to implement the plan’s Priority #6 to “Retain and Attract New Businesses and Jobs - To retain and grow existing businesses, and create new business and employment opportunities that will benefit area residents.”

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request subject to Protective Overlay #371.

Protective Overlay #371 1. GC zoning shall be limited to Construction Sales and Service, Office, General, Single-Family, Duplex and Multi-Family uses shall be allowed on Lots 13 and 15, Venice now Kansas Avenue, McCampbell’s Addition. All other uses in General Commercial zoning district shall be prohibited.

2. Screening along the south property line abutting B-Multi-Family zoning shall be provided in the form of an eight-foot solid screening fence and four (4) shade trees within a 10-foot buffer.

3. Screening along the alley along the west property shall be provided in the form of an eight-foot screening fence and two (2) shade trees within a 10-foot buffer.

4. A site plan illustrating building location, parking and landscaping shall be approved by the Planning Director before any building permits are issued.

This recommendation is based on the following findings:

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8. The zoning, uses and character of the neighborhood: The existing land use is commercial along East Central Avenue in GC zoning with the exception of Washington Accelerated Learning Elementary School at the southwest corner of Hydraulic and Central. B Multi-family zoning abuts the GC zoning with no step down zoning to provide a buffer between the residential and commercial uses. Property immediately to the north is zoned GC and is currently vacant. Property to the east is zoned GC and B and is developed with a commercial building, which is non-conforming use on the B zoned portion of the parcel. Properties to the south and west are zoned B and developed with single family residences.

9. The suitability of the subject property for the uses to which it has been restricted: The property is zoned B and could be developed with a residential use.

10. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request would help to create a buffer between GC and B with the requirements of Protective Overlay # 371 to limit the permitted uses, and provide screening and landscaping. There is already a commercial use on the west side of Kansas Avenue. The GC zoned property to the north is also owned by the applicant. Because of no access to Central Avenue the likely-hood of this property developing as retail or residential

11. Length of time subject property has remained vacant as zoned: The property has been vacant at least 20 years.

12. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship. Denial would represent a loss of economic opportunity to the applicant or property owner. Approval would represent growth for the applicant and provide new economic opportunity by providing potential jobs and services to the community. The applicant will comply with screen and landscaping as prescribed by the UZC.

13. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed rezoning is not in conformance with the Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan). This plan includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located as the Established Central Area and indicates the area to be developed as residential. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The Places for People plan identifies this location as an “area of opportunity.” Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.”

14. Impact of the proposed development on community facilities: Approval of the request should generate no additional impacts on community facilities. Existing public infrastructure at the site will accommodate uses under the proposed GC zoning. A minimal increase in traffic may occur when the office opens and closes, and should be similar to the traffic generated by the heating and air business located across the street.

MOTION: To approve subject to staff recommendation.

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

4.9 ZON2021-00020: City Zone Change from LI Limited Industrial to CBD Central Business District (with Delano Overlay) on property; generally located on the north side of West Maple Street and within one block west of South Sycamore Street (334 S Oak Street).

The North 30 feet of Lot 2, and All of Lots 4 and 6, on Oak Street, Slaven’s Addition to West Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant requests CBD Central Business District zoning on 0.20 platted acres located on the north side of West Maple Street within one block west of South Sycamore Street (334 South Oak Street). The subject site is currently zoned LI Limited Industrial and is developed with a one-story building. The building appears to be vacant but was last known as The Stadium Sports Bar. The applicant does not specify the reason for the change of zoning request, though the requested CBD zoning would give the applicant maximum flexibility with code required parking and building setback standards to develop the site. The site is within the Delano Neighborhood Plan area and the Delano Overlay Zoning District (D- O).

The Delano District was initially developed in the 1870’s and then redeveloped in the early 1900’s when off-street parking requirements did not exist. Therefore, many of the uses in the Delano District do not have, or have only minimal, off-street parking and rely upon public parking located in the street right-of- way. CBD zoning mitigates site development issues for older portions of the core area, such as the requirement to provide off-street parking (off-street parking is not required on CBD zoned property) and reduced setback requirements (the CBD district permits zero setbacks; setbacks in the LC district vary from zero to 20 feet). Public on-street parking is available throughout the Delano area. Within the past seven years, more than a dozen zone changes to CBD have been approved in the Delano area.

Properties north and east of the site are owned by the City of Wichita and are zoned GC General Commercial and have been recently cleared. The property to the east has been graveled to allow for a temporary parking area to compliment the baseball stadium located one block to the east. Properties south of the site, across West Maple Street, are zoned GC General Commercial and are developed as a two-family home and a small office. Property to the west of the site, across South Oak Street, is zoned GC General Commercial and is in commercial use.

CASE HISTORY: On January 27, 1886, the property was platted as Lot 2 of Slaven’s Addition to West Wichita. The property was included in the Delano Neighborhood Revitalization Plan in 2001 and 2019.

ADJACENT ZONING AND LAND USE: North: GC Vacant South: GC Two-Family Home and Office East: GC Developed as temporary parking area West: GC Commercial Building

PUBLIC SERVICES: The site has access to South Oak Street, a paved local street with sidewalks, and West Maple Street, a 4-lane arterial with sidewalks. The site is served by all municipal services. In addition to the temporary parking the City of Wichita is constructing to the east of the site, the City is planning a multimodal transit center one block to the north. This multimodal transit center is currently in the design stage and is envisioned to have over 500 public parking spaces. The multimodal center will connect with multiple routes and include parking for scooters and bicycles. There is an on-street bikeway located on Sycamore Street and an on-street bikeway is planned for Maple Street.

CONFORMANCE TO PLANS/POLICIES: The requested CBD zoning would continue to allow the

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property to be in conformance with existing plans and policies.

The requested CBD zoning aligns with the goals of the Community Investment Plan. The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) depicts the subject site as appropriate for “New Residential.” This category “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately found in the Residential category. Pockets of Major Institutional and Commercial uses likely will be developed within this area as well, based upon market- driven location factors.”

In addition, the requested CBD zoning aligns with the goals of the Wichita: Places for People Plan by allowing for development momentum in the area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as an “area of stability.” The Places for People Plan defines Areas of Stability as those “locations within the ECA that exhibit less stress, or fewer economic, connectivity and accessibility issues than the Areas of Opportunity. Areas of Stability require fewer interventions and potentially less public investment to maintain a stable development environment and community. Improvements should be targeted to support development momentum and strengthen the established physical context.”

The subject site falls within the boundaries of the Delano Neighborhood Plan. The proposed Future Land Use Map as part of the adopted Delano Neighborhood Plan depicts the subject site as appropriate for “Mixed Use.” The site also falls within the boundaries of the Delano Overlay. Any future modifications to the design of the building must comply with the Delano Overlay Design Guidelines.

The Unified Zoning Code (UZC) states that the purpose of the CBD zoning district is to accommodate retail, commercial, office and other complementary land uses within the downtown core area of Wichita. It is intended for application only within the City of Wichita and only within the downtown core area and certain nearby areas being redeveloped with similar patterns of uses and site development standards such as but not limited to zero lot-line setbacks, shared parking, public streetscapes as landscaping and urban design elements and mixed uses within a building. The application area shares similar patterns of development and uses as the original core CBD area.

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties north and east of the site are zoned GC General Commercial and have been recently cleared. The property to the east has been graveled to allow for a temporary parking area to compliment the baseball stadium located one block to the east. Properties south of the site, across West Maple Street, are zoned GC General Commercial and are developed as a two-family home and a small office. Property to the west of the site, across South Oak Street, is zoned GC General Commercial and is in commercial use.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned LI Limited Industrial which permits a wide range of commercial and industrial uses but requires the provision of off-street parking per the UZC. The site has economic value as currently zoned. Approval of CBD Central Business District zoning would eliminate the requirement for off- street parking and modify building setback requirements and make the site more attractive to potential redevelopment.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should have little if any significant adverse impact to nearby property

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owners.

4. Length of time the property has been vacant as currently zoned: The subject site is currently developed with a one-story building. The building appears to be vacant but was last known as The Stadium Sports Bar.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) depicts the subject site as appropriate for “New Residential.” This category “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately found in the Residential category. Pockets of Major Institutional and Commercial uses likely will be developed within this area as well, based upon market-driven location factors.”

In addition, the Comprehensive Plan identifies the Established Central Area and recommends an Urban Infill Strategy for the Established Central Area. The Wichita: Places for People Plan provides recommendations for urban infill development in the Established Central Area. The subject site is located within the Established Central Area in an area identified as an “area of stability.” The Places for People Plan defines Areas of Stability as those “locations within the ECA that exhibit less stress, or fewer economic, connectivity and accessibility issues than the Areas of Opportunity. Areas of Stability require fewer interventions and potentially less public investment to maintain a stable development environment and community. Improvements should be targeted to support development momentum and strengthen the established physical context.” The requested CBD zoning aligns with the goals of the Plan and allows for development momentum in the area.

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

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

BLICK: Has anyone called or emailed in opposition to this case?

SCOTT WADLE, PLANNING DIRECTOR: Staff did not receive any comments on this case.

MOTION: To approve subject to staff recommendation.

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

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4.10 ZON2021-00021: City Zone Change from LC Limited Commercial and NR Neighborhood Retail to GO General Office with PO 309 and PO 11 for residential development on property; generally located on the west side of South 135th Street West and within one-half mile north of West Maple Street (13710 W Maple Street). Lots 1, 2, and 3, Block A, The Heritage at Auburn Hills, an addition to Wichita, Sedgwick County, Kansas. TOGETHER WITH, The North 70 feet of the West 47.78 feet of Lot 1, TOGETHER WITH, the North 70 feet of Lot 2, all in Riverside Health System Addition, Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicants are requesting a down zoning to GO General Office zoning on portions of the subject properties currently zoned LC Limited Commercial and NR Neighborhood Retail. If approved all of the subject properties will be zoned GO. The approximately 8.98-acre subject properties are not developed. The applicants are also requesting an amendment to Protective Overlay PO #309 and extending it onto portions of the subject properties that are currently subject to the provisions of PO #11 and PO #1. PO #309 will replace PO #11 and PO #1 on those properties. A PO shall always be considered to result in a more restrictive designation than if the base district did not have the PO. The applicants are proposing a mix of single-family residential, multi-family residential, duplexes and possible office, medical services and assisted living development; see PO #309. These uses are permitted by right in the GO zoning district.

GO zoning permits multiple public and service uses and commercial uses. There are certain public and civic, commercial and industrial uses allowed if approved by a Conditional Use. The GO zoning district does not permit retail nor agricultural uses. A PO can be used to modify and restrict the use and property development standards of an underlying base zoning district. All requirements of a PO are in addition to and supplement all other applicable standards and requirements of the UZC.

The applicants have provided the proposed amendments to PO #309; see attached PO #309. Staff’s comments on each of the provisions follows.

(1) The applicants propose that this provision for signs remain the same as last amended by ZON2019- 00003 a zone change form SF-5 to LC. The proposed GO zoning is a down zoning from LC and the provision for signs must conform to what is permitted in the GO zoning district. (2) Remains the same, noting that the applicant has stated that access onto North 135th Street west will be via a private road that will be gated. (3) Remains the same as approved on ZON2016-00041, a zone change from SF-5 and GO to LC, NR and GO. (4) Remains generally the same as approved on ZON2016-00041 (5) Remains the same as approved on ZON2016-00041 (6) Remains the same with the addition of (c). (7) Remains the same as approved on ZON2016-00041 (8) Additional language on residential uses and trash receptacles. (9) Permitted as adjusted. (10) The referred LC zoned portion of Parcel 1 is currently partially developed as a bank and is not part of the rezoning request. Parcel 2 remains the same. (11) Permitted as adjusted. (12) Permitted as adjusted.

Abutting the north, west and a portion of the south sides of the subject site are SF-5 zoned single-family residences; Shadow Woods Addition, recorded May 8, 2003. Abutting the remain south side of the subject

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site is a LC zoned bank/financial institution (built 2008), undeveloped land and a GO zoned medical services (built 1997). Adjacent to the east side of the subject site across North 135th Street West are SF-5 zoned single-family residences (Maple Dunes Addition, recorded July 15, 1997) and a LC zoned drug store (built 2004).

CASE HISTORY: Sedgwick County case SCZ0717 established Protective Overlay PO #1 on portions of the subject site. In 1996 Sedgwick County case SCZ-0730 changed the zoning on a southwestern portion of the subject site to GO subject to the provisions of the new PO #11. City case ZON2003-26 allowed for bank and office uses with an amendment to PO #11. Conditional Use CON2003-16 approved drive through service for a bank. ZON2005-00028 changed the zoning on this southwestern portion of the subject site from GO to LC Limited Commercial with an amendment to PO #11 to allow for a 130 square-foot sign for a banking facility. The majority of the subject site was zoned GO by ZON2016-00041, which changed the zoning from SF-5 and GO to LC, NR and GO, subject to the provisions of Protective Overlay PO #309 and a replat. ZON2019-00003 changed the zoning on a small east – central portion of the subject site from SF-5 to LC, with an amendment to PO #309’s sign provision.

VAC2021-00019 is a request to vacate portions of platted 10-foot and 20-foot wide utility and utility/drainage easements located on Lots 1 and 2, Riverside Health System Addition, and Lots 1, 2 and 3, Block A, The Heritage at Auburn Hills Addition, to allow for future development on the subject properties. VAC2021-00019 will be considered at the May 13, 2021, Subdivision Committee for recommendation at today’s May 20, 2021, MAPC meeting.

The subject properties are Lots 1, 2 and 3, Block A, The Heritage of Auburn Hills Addition and the north 70 feet of the west 47.78 feet of Lot 1, together with the north 70 feet of Lot 2, Riverside Health System Addition. The Heritage at Auburn Hills Addition was recorded November 18, 2019. The Riverside Health System Addition was recorded July 18, 1997.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family residences SOUTH: SF-5, LC, GO Single-family residences, bank, medical services, undeveloped land EAST: SF-5, LC Single family residences, pharmacy, undeveloped land WEST: SF-5 Single-family residences

PUBLIC SERVICES: The subject site has street frontage and direct access onto North 135th Street West a two-lane paved, arterial street with a center turn lane. All municipal services are available to the subject site.

CONFORMANCE TO PLANS/POLICIES: The GO zoning request and the proposed PO (with staff’s recommendations) are consistent with the Residential and Employment mix recommendation and is in conformance with adopted plans and policies.

The purpose of the GO zoning district is to accommodate office development and other complementary land uses. GO zoning is generally compatible with the "Local Commercial” or “Regional Commercial" designation of the Wichita-Sedgwick County Comprehensive Plan. It is intended for application within the City of Wichita, although it may be appropriate for application in areas of unincorporated Sedgwick County that have been designated as "Wichita 2030 Urban Growth Area." Besides office development the GO zoning also permits residential uses with the exception of not permitting manufactured homes, a manufactured home subdivision or a manufactured home park.

Restrictions and conditions imposed by a PO shall be limited to the following: Prohibiting otherwise permitted or Conditional Uses and Accessory Uses or making an otherwise permitted use a Conditional Use.

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Decreasing the number or average density of dwelling units that may be constructed on the Site. Increasing minimum lot area or lot width; Increasing minimum setback requirements Restrictions on access to abutting properties and nearby roads, including specific design features. Any other specific development standards required or authorized by this Code.

The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) recommends the subject site as appropriate for “Residential and Employment mix.” This encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of a mixed nature. Due to the proximity of higher intensity businesses uses, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends the request APPROVAL of the GO zoning request, the amendment to PO #309 and the removal of PO #11 and PO #1 from the legally described subject site; see attached PO #309.

1. The zoning, uses and character of the neighborhood: The area is a mix of developed SF-5 zoned single-family residential subdivisions and LC zoned retail and banking development centered on the West Maple Street and North 135th Street West intersection. There are a few undeveloped LC zoned properties in this area. A GO zoned medical service building is also in the area.

2. The suitability of the subject property for the uses to which it has been restricted: The undeveloped subject property’s current LC, NR and GO zoning permits all densities of residential development, civic and public types of development and multiple types of commercial development. The current zoning is not out of character with other abutting and adjacent LC and zoned properties in this area. PO #309 is not out of character with the existing POs in the area.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed amendments to PO #309 attached to the requested GO zoning is will not have a detrimental impact on nearby properties and provides for more compatibility for transitional zoning areas.

4. Length of time the property has been vacant as currently zoned: The property was undeveloped at the time of Sedgwick County zoning case SCZ0717 which was prior to 1996.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: It is staff’s opinion that the proposed GO zoning and the amended PO #309 is in conformance with adopted plans and policies.

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

BILL LONGNECKER, PLANNING STAFF: presenting the staff report.

WARREN: All of the POs makes this confusing. Is there anything controversial hidden in the maze of all of this. Is this pretty straight forward?

LONGNECKER: The base zoning is GO, but the PO puts more restrictions. The applicant has not objected to the protective overlay for their development. There was a vacation that eliminated platted easements. There is not a replat on this property. The private street will likely be narrower. Typically there are easements on either side of the streets create your setbacks. This is akin like a cluster development like

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patio homes on one lot. They are also proposing ten or less duplexes on the interior of the site. Recently we have seen patio homes with tighter setbacks on private streets.

BRIAN LINDEBAK, MKEC ENGINEERING, 411 N WEBB ROAD, AGENT: One thing to note, we have increased provisions that protect the neighborhood. We have items for landscaping, trash pickup and other things as a courtesy to the neighborhood. We have defined our multi-family very specifically in the protective overlay. This would not be a typical multi-family parcel. The Braum’s parcel is still owned by Braum’s.

JACOB SHUTTS 222 S DECKER COURT, Do you have a set plan of what you are going to do? It was mentioned about a medical office building or a patio home development?

LONGNECKER: As presented by the applicant, a medical or office building would be permitted on this property. All those are allowed by-right in GO zoning. Other possibilities would be residential development of varying densities. The applicant will have to speak to specifics.

LINDEBAK: It will be determined by market conditions. Right now there is a demand for residential. If that demand goes away, we would pivot to an office type use. We would desire to have a residential buffer to the commercial activity at the corner.

MOTION: To approve subject to staff recommendation.

WARREN moved, DOOL seconded the motion, and it carried (8-0).

4.11 ZON2021-00022: City zone change from MF-29 Multi-Family and GO General Office to NR Neighborhood Retail to expand commercial uses on property; generally on the east side North Hillside, one block south of East Central Avenue (344 N Hillside).

Lot 3, EXCEPT the West 20 feet for street, Hillside Avenue, Floral Addition, Wichita, Sedgwick County, Kansas. AND Lot 5, on Hillside Avenue, in Floral Addition to Wichita, Sedgwick County, Kansas.

BACKGROUND: The applicant is requesting a zone change from MF-29 Multi-Family Residential and GO General Office to NR Neighborhood Retail on property generally located on the east side of North Hillside Avenue and one block south of East Central Avenue. The property is located on the southeast corner of North Hillside and East 3rd Street. The site is comprised of Lot 3 and Lot 5 of the Floral Addition. Both lots are currently undeveloped. Lot 3 is zoned GO and Lot 5 is zoned MF-29. The applicant proposes to unify the zoning under NR in order to expand the opportunity for commercial development.

The purpose of the NR district is to accommodate very-low intensity retail and office development and other complementary land uses that serve and are generally appropriate near residential neighborhoods. Up- zoning to NR from GO allows the ability to develop retail and restaurants, which are limited to 2,000 square feet and are not permitted to have drive-thru or drive-up services. Multi-Family development in NR is restricted to a density of 28.1 dwelling units per acre.

Property to the north is zoned PUD #14 and has a mix of retail, restaurant, parking, convenience, and hotel uses. Property to the east is zoned TF-3 and developed with a single family home. Property to the south is zoned GO and is a dialysis center. Property to the west is zoned GO and is massage therapy clinic.

Due to the presence of TF-3 zoning to the east, the site shall comply with all required screening, landscaping, and compatibility standards set forth in the Unified Zoning Code Sections IV-B & C and Landscape Ordinance. At a minimum and six-foot solid screening fence is required along the rear property

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line in addition to a landscape buffer. Based on the width of the lot, there shall be a 25-foot compatibility setback along the rear property line. Because the property abuts an arterial street, a landscaped street yard and parking lot screening is required.

CASE HISTORY: The property is platted as Lots 3 and 5, on Hillside, Floral Addition. In 1977, a request was made to rezone Lot 3 from RB- Four Family to LC Light Commercial. The LC zoning was denied, but BB-Office zoning was approved subject to a street dedication. In 1986 the zone change to BB-Office zoning was perfected. In 1996, BB zoning converted to present-day GO General Office zoning.

ADJACENT ZONING AND LAND USE: North: PUD #14 Retail, restaurant, convenience store, hotel, parking. South: GO Dialysis center East: TF-3 Single-family dwelling West: GO Message therapy clinic

PUBLIC SERVICES: Access to the site is off of North Hillside Avenue, which is a pave, five-lane arterial with sidewalks on both sides. Public water and sewer already serve the site.

CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for “New Residential.” However, other existing land uses along North Hillside in the “New Residential” category are also commercial uses. The site is immediately abutting an area appropriate for “New Residential/Employment Mix”. This category is described in part as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of mixed nature. Due to the proximity of higher intensity business uses, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” The zone change meets the spirit and intent of the comprehensive plan.

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property to the north is zoned PUD #14 and has a mix of retail, restaurant, parking, convenience, and hotel uses. Property to the east is zoned TF-3 and developed with a single family home. Property to the south is zoned GO and is a dialysis center. Property to the west is zoned GO and is massage therapy clinic. It is staff’s opinion that Neighborhood Office zoning is designed for situations like this to provide commercial development that is complimentary to the neighborhood setting.

2. The suitability of the subject property for the uses to which it has been restricted: The

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property is zoned MF-29 and GO General Office which can be developed with a mixture of multi- family, office, and medical uses.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The request for NR Neighborhood Retail permits a minor expansion on the types of commercial uses permitted for development. This zoning category was designed to provide smaller scale and restricted commercial development that is compatible with a residential neighborhood. With the site abutting residential zoning, solid screening and a landscape buffer are required along continuous property lines with residential zoning. The screening and landscaping will mitigate any possible negative impacts.

4. Length of time subject property has remained vacant as zoned: Historical aerial images show that Lot 3 has been vacant since at least 1983, and Lot 5 has been vacant since at least 2006.

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

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for “New Residential.” However, other existing land uses along North Hillside in the “New Residential” category are also commercial uses. The site is immediately abutting an area appropriate for “New Residential/Employment Mix”. This category is described in part as follows: “Encompasses areas of land that likely will be developed or redeveloped by 2035 with uses predominately of mixed nature. Due to the proximity of higher intensity business uses, residential housing types within this area likely will be higher density. Due to the proximity of residential uses, employment uses likely will have limited negative impacts associated with noise, hazardous emissions, visual blight, and odor.” The zone change meets the spirit and intent of the comprehensive plan.

MOTION: To approve subject to staff recommendation.

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

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5. NON-PUBLIC HEARING ITEMS

6. Other Matters/Adjournment

Planning Commission adjourned.

State of Kansas )

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

Given under my hand and official seal this ______day of ______, 2021.

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

AGENDA REPORT NO. 3-1 METROPOLITAN AREA PLANNING COMMISSION June 3, 2021

STAFF REPORT

CASE NUMBER: VAC2021-00020 - Request to vacate portions of a platted building setback.

OWNER/APPLICANT: Terri D. Howard (applicant), George T. Page (agent)

LEGAL DESCRIPTION: Generally described as vacating a portion of a platted building setback located on Lots 14, Block 9, Pawnee Ranch Addition, Wichita, Sedgwick County, Kansas

LOCATION: Generally located within one-quarter mile south of East Pawnee Avenue and within one-quarter mile west of South Hillside Avenue (2719 Timberline Street). (WCC #III)

REASON FOR REQUEST: In order to build a wood deck and ramp for handicap access to the home on the site.

CURRENT ZONING: The site is zoned SF-5 Single-Family Residential. All surrounding properties are also zoned SF-5 Single-Family Residential.

VICINITY MAP:

VAC2021-00020 - Request to vacate a portion of a platted building setback June 3, 2021 Page 2

The applicant proposes to vacate a portion of a platted building setback located on the east side of Lot 14, Block 9, Pawnee Ranch Addition. The existing platted setback is 30 feet for both front and street side setbacks, and the applicant wants to reduce the street side setback by 20 feet to create 10 foot setbacks for a 30-foot section of the street side setback. See exhibit and legal descriptions. If approved the vacation will allow the owner to build a new wood deck and ramp to provide handicap access to the home. There are no public utilities in the subject portion of street side setback being vacated. Evergy has no objection to this request, and has no equipment in or near the side yard setback portion they want to vacate. Whitney Rusk, Design Representative, is the contact for this item and can be reached at 316-261-6237. Standard comments will apply, any removal and relocation of existing equipment for this vacation request will be at the applicant’s expense. Cox has no objection to this vacate. Their lines are aerial. Any relocation will be at the expense of the applicant. The Pawnee Ranch Addition was recorded June 14, 1947.

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 May 13, 2021, which was at least 20 days prior to this public hearing.

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

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

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

(1) Abandonment or relocation/reconstruction of any/all utilities made necessary by the vacation of the described portion of the building setback shall be to City Standards and shall be the responsibility and at the expense of the applicant. As needed provide approval from franchised utilities for the relocation of franchised utilities. All to be provided to the Planning Department prior to this case going to City Council for final action.

(3) All improvements shall be according to City Standards and at the applicants’ expense.

VAC2021-00020 - Request to vacate a portion of a platted building setback June 3, 2021 Page 3

(4) Vacate the described portion of building setback on the east side of Lot 14, Block 9, Pawnee Ranch Addition, Wichita, Sedgwick County, Kansas.

(5) Provide Planning with a legal description of the portion of vacated building setback on a Word document via E-mail that can be used on the Vacation Order. This must be provided to the Planning Department prior to this case going to City Council for final action.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following conditions:

(3) All improvements shall be according to City Standards and at the applicants’ expense.

(4) Vacate the described portion of building setback on the east side of Lot 14, Block 9, Pawnee Ranch Addition, Wichita, Sedgwick County, Kansas.

Attachments: 1. Aerial Map 2. Site Plan

VAC2021-00020 - Request to vacate a portion of a platted building setback June 3, 2021 Page 4

VAC2021-00020 - Request to vacate a portion of a platted building setback June 3, 2021 Page 5

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

STAFF REPORT

CASE NUMBER: VAC2021-00021 - Request to vacate platted side yard setbacks.

OWNER/APPLICANT: Red Foxx Rentals, LLC (Jay Russell) (applicant), Baughman Company, PA (Philip Meyer, L.A.) (agent)

LEGAL DESCRIPTION: Generally described as vacating side yard building setbacks located on Lots 1-8, Block A, Northgate 4th Addition, Wichita, Sedgwick County, Kansas

LOCATION: Generally located on the west side of North Meridian Avenue and within one-half mile north of West 53rd Street North (2500 to 2624 West 55th Street North). (WCC #VI)

REASON FOR REQUEST: In order to allow for revised side setbacks in accord with PUD-86.

CURRENT ZONING: The site is currently zoned TF-3 Two-Family Residential but is being rezoned to a PUD (PUD2021-00006). Properties south and west are also zoned TF-3 Two- Family Residential. Properties to the north and east are zoned SF-5 Single-Family Residential.

VICINITY MAP:

VAC2021-00021 - Request to vacate portions of a platted building setback June 3, 2021 Page 2

The applicant proposes to vacate platted side yard setbacks located on Lots 1-8, Block A, Northgate 4th Addition. If approved the vacation will allow development of the lots in accord with side setbacks specified in PUD-86. There is a sewer main within the utility easement that crosses the side setbacks being vacated. The side setback being proposed in PUD-86 will not interfere with the sewer main. Evergy has no objection to this request. Conditions 1 & 2 cover Evergy. Kevin Rieschick, Design Representative, is the contact for this item and can be reached at 316- 261-6334. Standard comments will apply, any removal and relocation of existing equipment for this vacation request will be at the applicant’s expense. Cox has no objection to this vacate. They do have buried lines in the area. Any relocation will be at the applicant’s expense. The Northgate 4th Addition was recorded September 22, 2020.

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:

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) Abandonment or relocation/reconstruction of any/all utilities made necessary by the vacation of the described side yard setbacks shall be to City Standards and shall be the responsibility and at the expense of the applicant. As needed provide approval from franchised utilities for the relocation of franchised utilities. All to be provided to the Planning Department prior to this case going to City Council for final action.

(3) All improvements shall be according to City Standards and at the applicants’ expense.

(4) Vacate the described side yard setbacks on Lots 1-8, Block A, Northgate 4th Addition, Wichita, Sedgwick County, Kansas.

VAC2021-00021 - Request to vacate portions of a platted building setback June 3, 2021 Page 3

(5) Provide Planning with a legal description of the described side yard setbacks to be vacated on a Word document via E-mail that can be used on the Vacation Order. This must be provided to the Planning Department prior to this case going to City Council for final action.

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following conditions:

(3) All improvements shall be according to City Standards and at the applicants’ expense.

(4) Vacate the described side yard setbacks on Lots 1-8, Block A, Northgate 4th Addition, Wichita, Sedgwick County, Kansas.

Attachments: 1. Aerial Map 2. Site Plan

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VAC2021-00021 - Request to vacate portions of a platted building setback June 3, 2021 Page 5

AGENDA ITEM NO. 3-1 METROPOLITAN AREA PLANNING COMMISSION June 3, 2021

STAFF REPORT

CASE NUMBER: VAC2021-00022 – City Vacation of a platted public street right-of-way.

APPLICANT: Wichita Airport Authority, John Oswald (applicant) Baughman Company (Philip Meyer, L.A.) (agent)

LEGAL DESCRIPTION: Generally described as vacating Jabara Court street right-of-way as platted in Colonel James Jabara Airport, an Addition to Wichita, Sedgwick County, Kansas.

LOCATION: Generally located within 200 feet east of North Webb Road and within 1,000 feet south of East 37th Street North. (WCC II)

CURRENT ZONING: The property on all sides of the proposed street vacation and adjacent properties are zoned LI Limited Industrial.

REASON FOR REQUEST: To allow for proposed hanger expansion

VICINITY MAP:

VAC2021-00022—Request to vacate a platted street right-of-way. June 3, 2021 Page 2

The applicant is requesting the vacation of a platted street right-of-way on property zoned LI Limited Industrial and generally located within 200 feet east of North Webb Road and within 1,000 feet south of East 37th Street North. The purpose of the request is to allow expansion for new hangers. The right-of-way and easement are on the Colonel James Jabara Airport property. The street right-of-way is within the airport grounds. Therefore, no property will be deprived of access. The easement contains a public water line. An agreement has been reached with Public Works and Utilities regarding this water line. Any removal or relocation of the water line is at the applicant’s expense. Any project plans shall be submitted to the Wichita Public Works and Utilities Department for review and approval.

Evergy has no objection to this request and does not have lines & equipment near the street ROW area they want to vacate. Shane Price -Design Supervisor is the contact for this item and can be reached at 316-261-6290. Standard comments will apply, and any removal and relocation of existing equipment for this vacation request will be at the applicant’s expense. Cox has no objection to this vacate. They have no lines in the vacate area. Any relocation will be at the expense of the applicant. The Colonel James Jabara Airport Addition was recorded with the Register of Deeds August 23, 1983.

Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Public Works, Water & Sewer, Stormwater, Traffic, Fire, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described public street right-of-way and utility easement.

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:

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

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

(1) Provide a covenant, with original signatures, binding and tying the described vacated public street right-of-way to the applicants’ abutting property. This must be provided to Planning prior to this case proceeding to City Council for final action and subsequent recording with the Vacation Order at the Sedgwick County Register of Deeds and the Sedgwick County Appraisers Office.

(2) 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.

(3) All improvements shall be according to City Standards and at the applicants’ expense.

VAC2021-00022—Request to vacate a platted street right-of-way. June 3, 2021 Page 3

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

SUBDIVISION COMMITTEE’S RECOMMENDED ACTION

The Subdivision Committee recommends approval subject to the following conditions:

(3) All improvements shall be according to City Standards and at the applicants’ expense.

Attachments: 1. Aerial Map 2. Site Plan

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Re AGENDA ITEM NO. 4.1

STAFF REPORT MAPC June 3, 2021 DAB III June 2, 2021

CASE NUMBER: CON2021-00020 (City)

APPLICANT/AGENT: Martin Central Sand Company, Steve Martin (Owner) Larry Henning, Agent

REQUEST: Conditional Use to permit Rock Crushing

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 1.71 acres

LOCATION: Generally located 500 feet east of South Hydraulic Avenue, 2000 feet north of East 71st Street South (1855 East 68th Street) – WCC District III

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

CON2021-00020 Metropolitan Area Planning Commission Page 1

BACKGROUND: The applicant is requesting rock crushing and recycling on the 1.71 acres, unplatted SF-5 Single-Family residential zoned property generally located 500 feet east of South Hydraulic Avenue, 2000 feet north of East 71st Street South (1855 East 68th Street). The Unified Zoning Code (UZC) requires consideration of a conditional use for a rock crusher in all zoning districts; UZC, Sec.III.D. The applicant proposes to crush only concrete/rock and asphalt for resale.

The applicant proposes to operate the site only be during daylight hours, two – to – six weeks per year, Monday – Friday with Saturday optional depending on demand. The stock piles would be no more than 30 feet tall. Martins Central Sand Company would hire licensed rock crushing companies, which are licensed by the Kansas Department of Health and Environment (KDHE). The company would also be required to have an air permit from KDHE to operate it in the State of Kansas and the equipment would be subject to EPA Regulation 40 CFR 60, Subpart 000 NSPS for Nonmetallic Mineral Processing Plants.

Properties directly north, east and south the subject site are zoned SF-5 Single-Family Residential that are occupied by non-conforming uses that include salvage/recycling, auto salvage, and general contracting storage. There is one parcel north of the subject site that is zoned LI Limited Industrial that is developed with an auto body shop. Property west of the subject site is zoned GI General Industrial and right-of-way for the Mitch Mitchell Floodway. There is SF-5 zoned property north of the subject site and MH Manufacture Home zoning to the west within 350 feet of the proposed site. These properties are within the 350-foot notification area.

CASE HISTORY: The property is unplatted. Historic aerials from 1968 through 2014 show the land on the subject site as wrecking, salvage, and recycling. Between 2001 and 2010, the surrounding property was annexed by the City as SF-5 Single-Family Residential zoning. By 2020, the site had transitioned to stockpiling of sand and rock.

ADJACENT ZONING AND LAND USE: NORTH: SF-5, LI Non-conforming salvage/recycling, auto salvage and body shop SOUTH: SF-5, R-O-W Un-developed, Mitch Mitchell Floodway EAST: SF-5 Salvage/Recycling, Contracting Storage WEST: GI, R-O-W Salvage/Recycling, Mitch Mitchell Floodway

PUBLIC SERVICES: The site has access to South Hydraulic Avenue from East 68th Street South, a local, gravel street with 60-foot right-of-way. The City of Wichita Public Works Department maintains the gravel portion of East 68th Street South from Hydraulic Avenue to Minnesota, Minnesota Avenue to Cider Street, and Cider Street to Grove Street. South Hydraulic Avenue is a paved two-lane arterial street with travel in both directions. The site has access to municipal water.

CONFORMANCE TO PLANS/POLICIES: The proposed conditional use is not in conformance with the adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan. The Plan’s “2035 Wichita Future Growth Map” depicts the site as “industrial.” However, the Plan’s Locational Guidelines - Land Use Compatibility 1.b. recommends that “industrial and major commercial land uses that generate pollution, odor, noise, light, safety hazards, and high levels of traffic should be located away from residential areas and developed with screening, buffering, and site design features sufficient to mitigate adverse impacts.

The proposed conditional use is not in conformance with the Unified Zoning Code (UZC). The UZC’s Article VII Nonconformities Policy indicates that it is the general policy of the City and County to allow uses that are nonconformities, but to bring as many aspects of those uses into conformance with the current Code as is reasonable and to control the expansion of the nonconforming uses.

CON2021-00020 Metropolitan Area Planning Commission Page 2 The proposed conditional use is not in conformance with the South Wichita/Haysville Area Plan (adopted 2004). This Plan’s Future Land Use Map recommends the subject area to be in use for Residential Low Density.

RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be DENIED.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties north, east and south the subject site are zoned SF-5 Single-Family Residential that are occupied by non-conforming uses that include salvage/recycling, auto salvage, and general contracting storage. There is one parcel north of the subject site that is zoned LI Limited Industrial that is developed with an auto body shop. Property west of the subject site is zoned GI General Industrial and right-of-way for the Mitch Mitchell Floodway. There is SF-5 zoned property north of the subject site and MH Manufacture Home zoning to the west within 350 feet of the proposed site. These properties are within the 350- foot notification area. Staff recommends that the proposed conditional use for rock crushing, sand and asphalt recycling is not appropriate for this location.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 and the current use of the property is a nonconforming use.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The rock crushing and recycling operation will produce noise and dust which will be mitigated but can still have detrimental affects on nearby residential properties.

4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed conditional use is not in conformance with the adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan. The Plan’s “2035 Wichita Future Growth Map” depicts the site as “industrial.” However, the Plan’s Locational Guidelines - Land Use Compatibility 1.b. recommends that “industrial and major commercial land uses that generate pollution, odor, noise, light, safety hazards, and high levels of traffic should be located away from residential areas and developed with screening, buffering, and site design features sufficient to mitigate adverse impacts.

The proposed conditional use is not in conformance with the South Wichita/Haysville Area Plan (adopted 2004). This Plan’s Future Land Use Map recommends the subject area to be in use for Residential Low Density.

5. Impact of the proposed development on community facilities: There is no municipal sewer available to this site. Municipal water can provide adequate service for the proposed site. Traffic will minimally increase during the operation time period.

If, in the opinion of the Planning Commission, the request is determined to be appropriate, the Planning Commission should adopt alternative findings supporting approval and approval should be subject to the following conditions:

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A. The activity will be limited to the hours of 7:00 a.m. to 6:00 p.m. and shall be limited to a maximum of five (5) weeks per year. An administrative adjustment will have to be approved to increase the maximum number of weeks of operation. B. The site shall be developed and operated in conformance with the approved site plan and all applicable codes to include but not limited to zoning, building, fire and environmental regulations. All rock crushing operations and material storage shall take place within the designated site plan area, unless an adjusted site plan is approved by the Director of Planning. C. Prior to rock crushing operations, the applicant (or applicant’s hired rock crushing company) shall get an air permit from KDHE to operate in the State of Kansas and that the equipment will be subject to EPA Regulation 40 CFR 60, Subpart 000 NSPS for Nonmetallic Mineral Processing Plants. D. Rock crushing operations on the site shall not create dust which travels on to surrounding properties. E. All vehicular drives on the site, work and parking areas shall be surfaced with an all-weather material, which may include crushed rock, to minimize dust on the site. A water truck will be kept onsite to be used to control dust. F. Access to the site will be from South Hydraulic Avenue to the drive access on East 68th Street South. G. All conditions shall be met or the Conditional Use shall be null and void. H. If the Zoning Administrator finds that there is a violation of any of the provisions or conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare the Conditional Use null and void.

Attachments:  Zoning Map,  Aerial Map  Site Plan2035 Wichita Future Growth Concept Map  South Wichita/Haysville Area Plan – Future Land Use Map

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AGENDA ITEM NO. 4.2

STAFF REPORT MAPC June 3, 2021 DAB VI May 19, 2021

CASE NUMBER: CON2021-00021 (City)

APPLICANT/OWNER: Marsha M. Haag & Billy Graf

REQUEST: Conditional Use request for an accessory apartment

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 0.29 acres

LOCATION: Generally located a quarter–mile west of North West Street, a quarter-mile north of West 13th Street North and northeast of the West Ott Street & North West Lynn Avenue intersection (1612 North West Lynn Avenue)

PROPOSED USE: Accessory Apartment with an attached car port

BACKGROUND: The applicant is requesting a Conditional Use for an accessory apartment on the SF-5 Single family residential zoned subject site located at 1612 North West Lynn Avenue. The accessory apartment is currently under construction and an approval of the Conditional Use would bring it into compliance with the UZC Wichita-Sedgwick County Unified Zoning Code. The applicant has a building permit and has had multiple inspections, which alerted the applicant of the need for the Conditional Use.

The approximately 600-square foot accessory apartment has an attached car port and is located behind the two story 2,060-sqaure foot single family residence with an attached garage; built 1966. The residence is finished with brick and lap siding and a gable roof. The accessory apartment and the attached car port have low pitched gable roofs. The accessory apartment has lap siding and a bay window. Properties in all directions around this site are zoned SF-5 and are developed with single family homes. A random sample of the homes in the area shows construction of them happening anywhere from 1956 to 1977 with most them being one-story and finished with a mix of masonry and lap siding. The site is located in an established urban scale single-family residential neighborhood. It appears that the proposed accessory apartment would be the first and only one in this neighborhood.

An attached, very recent, 2021 aerial of the subject site shows the primary residence, the accessory apartment, and a recently poured driveway coming off the original driveway back to the accessory apartment’s attached carport.

CASE HISTORY: The subject site is Lot 6, Block 2, Womers West Lynn 2nd Addition. The Womers West Lynn 2nd Addition was recorded with the Register of Deeds May 14, 1964. No other planning cases are associated with this 0.29 acre subject site. Staff has received numerous phone calls objecting to the accessory apartment and the fact that construction on has been almost completed. The ongoing construction is occurring prior to the applicant going through the Conditional Use process, which should have happened prior to construction. If denied the accessory apartment could not be used for habitation. Any habitation in it would be cause for action by the City against the property owner. Neighbors have commented that this is well maintained single-family residential neighborhood with no other accessory apartments in it and in their opinion approving the request could set a precedent for other accessory apartments which would change the character of the neighborhood for the worst. They have expressed concerns about an increase in traffic and the patterns of traffic that would be generated in what they feel is ultimately a rental unit, which could have multiple tenants over a shorter time frame than a single family home occupied by the property owner.

CON2021-00021 was considered at the May 19, 2021, DAB VI meeting. Several neighbors objected to the partially finished accessory apartment. Letters objecting to the accessory apartment were also presented to the members of DAB VI. These letters presented objections similar to those voiced at the DAB and those objections that staff had received. DAB VI voted 9-0 to approve the requested accessory apartment.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-Family residences SOUTH: SF-5 Single-Family residences WEST: SF-5 Single-Family residences EAST: SF-5 Single-Family Residences

PUBLIC SERVICES: North West Lynn Avenue is a local, paved residential street, with full curb and 60 feet of right-of-way. All municipal services are available.

CONFORMANCE TO PLANS/POLICIES: The 2015 – 2035 Wichita – Sedgwick County Community Investment Plan’s Future Growth Concept map indicates the area as designated for “residential.” These areas are described as encompassing the full diversity of residential development intensities and types typically found in a large urban municipality. This subject site’s SF-5 zoning and the proposed accessory

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apartment conform to this designation.

This site is located within the Wichita’s Established Central Area. This area is comprised of the downtown core and the mature neighborhoods surrounding it in a roughly three mile radius, the Established Central Area is the focus area for the Wichita Urban Infill Strategy. The proposed accessory apartment conforms to this strategy.

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

At the time of this report the proposed accessory apartment conforms to supplementary regulations one and two and must conform to supplementary regulations three and four.

RECOMMENDATION: Staff has noted that the proposed accessory apartment appears to be the first and only one in the neighborhood. Staff has also noted that the proposed accessory apartment conforms to the 2015 – 2035 Wichita – Sedgwick County Community Investment Plan, conforms to the Wichita’s Established Central Area designation, and the UZC’s supplementary use regulations; Art. III.Sec.III-D.6.a.

The choice is to deny and prevent the accessory apartment from being used for habitation or to approve based on conditions recommended by staff for consideration by the neighborhood, DAB VI, the MAPC and, if protests are received, the City Council. If denied enforcement of not allowing habitation would depend largely on the neighbors reporting the habitation violation to the City. Any habitation in it would be cause for action by the City against the property owner. Approval of the request for the accessory apartment would be based on this use being in conformance with the 2015 – 2035 Wichita – Sedgwick County Community Investment Plan’s Future Growth Concept’s residential designation and the infill strategy of the Wichita’s Established Central Area. At the time of this report the proposed accessory apartment conforms supplementary regulations one and two and must conform to supplementary regulations three and four of Art. III.Sec.III-D.6.a. of the UZC. Staff uses these adopted plans and the UZC in considering Conditional Use request for accessory apartments. Frequently these applications are approved if in conformance with the noted plans and policies. Participation in the public hearing process allows the public to consider supporting or protesting, in this case, a Conditional Use request for an accessory apartment. Having to consider this request with the accessory apartment under construction is an unnecessary complication. Neighbors have expressed cynicism about the public hearing process and its outcome. The applicant has put his building at risk.

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

(1) The applicant shall provide a new site plan with dimensions that better depicts the size and location of the accessory apartment.

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(2) The accessory apartment shall comply with The Wichita-Sedgwick County Unified Zoning Code, specifically Art. III.Sec.III-D.6.a.

(3) The accessory apartment shall not be rented out to a person or persons who would occupy it for a period of less than one week at a time.

(4) The applicant shall provide proof of proper building permits and an inspection. Modifications must comply with all State, County, and any other applicable standards.

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

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

This recommendation is based on the following findings:

(1) The zoning, uses and character of the neighborhood: The site and properties in all directions around this site are zoned SF-5 and are developed with single family homes. The site is located in an established urban scale single-family residential neighborhood

(2) The suitability of the subject property for the uses to which it has been restricted: The subject site is currently zoned SF-5 which permits the existing single-family residence. The property could continue to be used for one single-family residence. The property may be able to accommodate an accessory apartment; a site plan would confirm that. The property could accommodate the additional off-street parking space with additional required parking space with the additional driveway and the attached car port. The UZC parking standards are one parking space per single- family residence and one parking space per accessory apartment.

(3) Extent to which removal of the restrictions will detrimentally affect nearby property: The conditions of approval should minimize any anticipated detrimental impacts.

(4) Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The 2015 – 2035 Wichita – Sedgwick County Community Investment Plan’s Future Growth Concept map indicates the area as designated for “residential.” These areas are described as encompassing the full diversity of residential development intensities and types typically found in a large urban municipality. This subject site’s SF-5 zoning and the proposed accessory apartment conform to this designation.

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an accessory apartment. (2) The appearance of an accessory apartment shall be compatible with the main dwelling unit and with the character of the neighborhood. (3) The accessory apartment shall remain accessory to and under the same ownership as the principal single-family dwelling unit, and the ownership shall not be divided or sold as a condominium. (4) The water and sewer service provided to the accessory apartment shall not be provided as separate service from the main dwelling. Electric, gas, telephone and cable television utility service may be provided as separate utility services.

At the time of this report the proposed accessory apartment conforms to supplementary regulations one and two and must conform to supplementary regulations three and four.

(5) Impact of the proposed development on community facilities: Community facilities will not be noticeably impacted by this approval. All utilities and other municipal services are available to the subject site.

Attachments: 1. Zoning Map 2. Land Use Map 3. Aerial Map/Site Plan 4. Protest letters

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To: Metropolitan Area Planning Commission 271 W. 3rd Street, 2nd Floor, Ste #203

Attn: DAB VI agenda

Case: CON2021-00021

From: Mr. Jason & Mrs. Jessica Haecker 1622 N West Lynn Wichita, Kansas 67212

Ana Lopez / Metro Area Planning Commission,

I am officially disputing any attempt(s) to “Re-Zone” the property located at 1612 N West Lynn which is right beside my Single Family home. Our home used to be (prior to their passing) the home of both father and grandfather of my wife. She grew up with fond memories of playing with the Haag family when she a child and we really like Marsha and family. That being said, I do not want an “Apartment” style dwelling to be used as a rental, half-way house, or some sort of a flop house right next to my property. When the repairs/upgrades were being performed on said out building, I was under the assumption that it was just that, a remodel of an existing structure so Marsha could have some peace and quiet, and not to be turned into a Multi-Family Property and/or apartment. This would create an unwanted precedence throughout my neighborhood. Keep the property zone to Single-Family Residency (SF-5) Also, what’s with the shady build permit that was posted after the majority of the structure was complete? Was the new poured driveway “graded” to ensure that the water run-off does not compromise my homes foundation and basement with potential flood water? My wife and I do not want the said property to go beyond the scope of the current residency zone of a Single- Family Residency (SF-5) as described to my spouse and I in the formal “Notice of Public Hearing” letter that was mailed to us. I do NOT want potential increase of traffic, crime, noise, and cluttered parking near my house that is already very difficult to ingress and egress my own driveway. I do NOT want my property value to potentially go down while my property taxes would likely go up. These are the concerns my spouse and I have to this proposed re-zone to multi-family. I fear this would be disservice by Metro Planning Commission to incorporate these zone changes.

Regards, Jason & Jessica Haecker

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AGENDA ITEM NO. 4.3

STAFF REPORT MAPC June 3, 2021 DAB IV June 7, 2021

CASE NUMBER: CON2021-00022 (City)

APPLICANT/OWNER: Emily and Bryce Morgan (owner/applicant)

REQUEST: Conditional Use request for an Accessory Apartment

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 0.59 acre

LOCATION: Generally located southwest of West Maple Street and South Tyler Road (318 S. Herschel Ave).

PROPOSED USE: Accessory Apartment

BACKGROUND: The applicant is requesting a Conditional Use to build an accessory apartment in the SF-5 Single-Family Residential zoning district. The site is currently developed with a single-family home and an outbuilding. The accessory apartment will be located in a new detached accessory structure (440 square feet) at the northeast corner of the site.

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

Properties on the north, east, south, and west are all zoned SF-5 Single-Family Residential and developed with single-family residences on approximately one-half acre lots. All of the lots in the addition are developed. GIS does not indicate any other accessory apartments in the Callahan Addition.

CASE HISTORY: In 1954, the site was platted as part of the Callahan Addition. There are no zoning cases associated with this site.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-Family residences SOUTH: SF-5 Single-Family residences WEST: SF-5 Single-Family residences EAST: SF-5 Single-Family residences

PUBLIC SERVICES: South Herschel Avenue is a local, paved street with a 60-foot right-of-way with access to West Maple Street to the north. West Maple Street is a four-lane arterial street with an 80-foot right-of-way. The property is served by municipal water and sewer.

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 and is 1.25 miles west of the Established Central Area boundary. This category “Encompasses areas that reflect the full diversity of residential development densities and types typically found in a large urban municipality.” This requested conditional use is in conformance with the Community Investments Plan.

RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that proposed project is in conformance with the Community Investment Plan and the request be APPROVED, with the following conditions:

(1) The accessory apartment shall remain accessory to and under the same ownership as the principal single- family residence (located at 318 South Herschel Avenue) and the ownership shall not be divided or sold as a condominium. There shall be no home occupation located within the ADU.

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

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

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

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utility services.

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties on the north, east, south, and west are all zoned SF-5 Single-Family Residential and developed with single-family residences on approximately one-half acre lots. All of the lots in the addition are developed. GIS does not indicate any other accessory apartments in the Callahan Addition. unit will not be out of character with the area.

2. The suitability of the subject property for the uses to which it has been restricted: The subject site is currently zoned SF-5 which allows the development of single-family residences. The property will continue to be used for one single-family residence; the size of the property can accommodates an accessory apartment and any additional required parking spaces that may be needed.

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

4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as “Residential” on the Future Growth Map Concept Map and is 1.25 miles west of the Established Central Area boundary. This category “Encompasses areas that reflect the full diversity of residential development densities and types typically found in a large urban municipality.” This requested conditional use is in conformance with the Community Investments Plan.

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

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

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Aerial Map

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Zoning Map

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Site Plan

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AGENDA ITEM NO 4.4 STAFF REPORT MAPC June 3, 2021 DAB III June 2, 2021

CASE NUMBER: CON2021-00023

APPLICANT/OWNER: Angel Wings Learning Center, LLC, c/o Marissa Harris

REQUEST: Conditional Use to allow Daycare, General

CURRENT ZONING: SF-5 Single-Family Residential & B Multi-Family Residential

SITE SIZE: 3.67-acres

LOCATION: Generally located midway between South Edgemoor Drive and South Woodlawn Boulevard on the northeast corner of South Waverly Road and East Harry Street (6000 East Harry Street)

PROPOSED USE: Licensed child care center

______Metropolitan Area Planning Commission Page 1 CON2021-00023 BACKGROUND: The applicant is requesting a Conditional Use to allow a Daycare, General as a use on property addressed 6000 East Harry Street; Lots 1 and 2, Pilgrim Congregational Church Addition. The 3.67-acre SF-5 Single-Family Residential and B Multi-Family Residential zoned property is located midway between South Edgemoor Drive and South Woodlawn Boulevard on the northeast corner of South Waverly Road and East Harry Street. A Daycare, General may be permitted with a Conditional Use in the SF-5 and B zoning districts subjected to supplemental use regulations found is Section III-D.6.1 of the UZC Unified Zoning Code. The day care will operate out of the existing church buildings. Church activities will continue on weekends and evenings but not during daycare hours.

The UZC defines Daycare, General as “a Day Care center that provide care, protection and supervision for more than ten individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees, or a Day Care center for ten or fewer individuals at any one time that is not operated as a Home Occupation.” Section III-D.6.i, supplemental use regulations of the UZC states the following conditions:

1. Compliance with state regulations: Day Care Centers shall comply with all applicable state regulations. 2. Compliance with Home Occupation standards: When located in the residence of the care provider, in a residential zoning District, Day Care Centers shall comply with the general Home Occupation standards of Sec. IV-E.3 of the UZC. 3. Outdoor play in residential areas: Outdoor play shall be limited to the hours of 7:30 a.m. to 6:30 p.m. if located within 100 feet of a Lot containing a Dwelling Unit. 4. Parking and loading: Provisions of Parking Spaces in Sec. IV-A.4 may be provided by shared Parking when the Day Care is located within an existing Church or Place of Worship, however, the Day Care shall provide convenient off-street loading facilities as required in Sec. IV-A.14.

The parking requirements set forth in Sec. IV-A.4 state that a daycare shall have one space per teacher/employee, plus one space per vehicle used by the day care, plus one per 10 children based on enrollment above 12. This particular day care will ultimately have 20 employees (20 parking spaces) and 116 children enrolled (12 parking spaces). The applicant does not propose to provide vehicles to be used by the day care. Therefore, the required parking is 32 parking spaces. The site plan shows 62 parking spaces on site. This site has a large parking lot with access off of South Waverly Street, which intersects the arterial East Harry Street. The outdoor play area for this center is located to the east and northeast of two of the day care center’s buildings. The closest single-family or any residential dwelling units are located between approximately 225-feet to 365-feet from the outdoor play area, which exceeds the above supplemental use regulation #3.

Properties located to the north and west (across South Waverly Road) of the site are zoned SF-5 and are developed as urban scale single-family residences. Properties located to south of the site, across East Harry Street, are zoned SF-5 and TF-3 Duplex and are developed as urban scale single-family residences and fewer duplexes. An abutting east property is zoned MF-29 Multi-family residential is being used as an office for the church. Other properties located east of the site, across South Fabrique Drive and a drainage channel, are zoned SF-5 and TF-3 and are developed as urban scale single-family residences and fewer duplexes.

CASE HISTORY: The site is located on Lots 1 and 2, Pilgrim Congregational Church Addition, which was recorded with the Register of Deeds April 5, 1984.

______Metropolitan Area Planning Commission Page 2 CON2021-00023 ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family residences SOUTH: SF-5, TF-3 Single-family residences, duplexes EAST: SF-5, TF-3 Single-family residences, duplexes WEST: SF-5 Single-family residences

PUBLIC SERVICES: South Waverly Road is paved, two-lane, local streets. East Harry Street is a paved four-lane arterial with a center turn lane at its intersection with this portion of South Waverly Road. Normal municipal services are available.

CONFORMANCE TO PLANS/POLICIES: The Future Land Use Map of the adopted Wichita- Sedgwick County Comprehensive Plan identifies this site as appropriate for “commercial”. These areas are described as encompassing the full diversity of commercial development intensities and types typically found in a large urban municipality. This site conforms to this designation.

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

1. All requirements of Article III, Section III.D.6.i of the Unified Zoning Code shall be met.

2. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations.

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties located to the north and west (across South Waverly Road) of the site are zoned SF-5 and are developed as urban scale single- family residences. Properties located to south of the site, across East Harry Street, are zoned SF-5 and TF-3 and are developed as urban scale single-family residences and fewer duplexes. Properties located east of the site, across South Fabrique Drive and a drainage channel, are zoned SF-5 and TF-3 and are developed as urban scale single-family residences and fewer duplexes.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 and B and is used as a church and church offices. The property is suitable for the residential and civic uses to which it has been restricted, including its proposed use of a daycare.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed Conditional Use will allow a daycare to operate out of the church buildings when not in use by the church. This use is fairly common in the community, and with the restrictions placed on the use from Section III-D.6.i, negative impacts to the surrounding residential neighborhood should be minimal.

4. Conformance of the requested change to adopted or recognized Plans/Policies: The Future Land Use Map of the adopted Wichita-Sedgwick County Comprehensive Plan identifies this site as appropriate for “commercial”. These areas are described as encompassing the full diversity of ______Metropolitan Area Planning Commission Page 3 CON2021-00023 commercial development intensities and types typically found in a large urban municipality. This site conforms to this designation.

5. Impact of the proposed development on community facilities: The use of this property should have limited impact on community facilities.

Attachments:  Current zoning  2035 Wichita Future Growth Map Concept  Aerial – Site Plan

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______Metropolitan Area Planning Commission Page 7 CON2021-00023 AGENDA ITEM NO. 4.5

STAFF REPORT MAPC: June 3, 2021 DAB I: June 7, 2021

CASE NUMBER: CON2021-00024 (City)

OWNER/AGENT: David & Palmer Properties (Owner) / K.E. Miller Engineering, Kirk Miller (Agent)

REQUEST: Conditional Use for Outdoor Vehicle Sales

CURRENT ZONING: LC Limited Commercial

SITE SIZE: 0.345 acre

LOCATION: Two blocks west of North Oliver Avenue on the south side of East Central Avenue (4525 E. Central)

PROPOSED USE: Outdoor Vehicle Sales

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BACKGROUND: The applicant is requesting a “conditional use” to allow outdoor vehicle sales on property zoned Limited Commercial (LC). The site is located two blocks west of North Oliver Avenue on the south side of East Central Avenue (4525 E. Central). Originally developed with a service/gas station, the subject site is currently developed with a one-story commercial building and a canopy in front (north) of the building. The building site has been used for several different commercial uses, and is currently vacant. Per the Unified Zoning Code (UZC), outdoor vehicle and equipment sales may be permitted with a conditional use in the LC zoning district. The applicant’s site plan shows the existing commercial structure and canopy; diagram of parking spaces; and the existing location of lighting standards.

Outdoor vehicle and equipment sales uses are subject to the following supplementary use regulations in UZC Article III, Section III-D.6.x. when located within the LC zoning district as follows:

(1) Location shall be contiguous to a major Street as designated in the Transportation Plan adopted by the Governing Bodies, and as amended from time to time.

(2) Visual Screening of areas Adjacent to residential zoning districts shall be provided to protect adjacent properties from light, debris and noise and to preserve adjacent property values even when the change in use to Vehicle and Equipment Sales replaces a previous use that is of equal or greater intensity. In no case shall the screening be less than that required by Sec. IV- B.1-3.

(3) All Parking, Outdoor Storage and display areas shall be paved with concrete, asphalt or asphaltic concrete or any comparable hard surfacing material. Parking barriers shall be installed along all perimeter boundaries Abutting streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles do not encroach onto public street right-of-way.

(4) The lighting shall be in compliance with the lighting requirements of Sec.IV-B.4. No string-type or search lighting shall be permitted.

(5) The noise levels shall be in compliance with the compatibility noise standards of Sec. IV-C.6. Outdoor speakers and sound amplification systems shall not be permitted.

(6) No repair work shall be conducted on site, except in an enclosed building, and further provided that no body or fender work is done.

(7) Only those signs permitted in the LC District shall be permitted on this site, except that no portable, flashing, moving or off-site signs shall be permitted and no streamers, banners, pennants, pinwheels, commercial flags, bunting or similar devices shall be permitted.

(8) There shall be no use of elevated platforms for the display of vehicles.

Properties on the north are zoned NO Neighborhood Office and GO General Office and are developed with offices and a duplex. Northeast of the subject site is zoned LC and is developed with a strip center that has vehicle repair, restaurant and dry cleaning services. East of the property is zoned LC and is developed with a restaurant. South and west of the subject site is zoned NO and is developed with a physical therapy clinic and on-site parking for the clinic.

CASE HISTORY: In January 1888, the Central Avenue Sub of Prospect Place Addition was platted. In 1978, a variance (BZA21-78) was granted to allow the construction of the canopy and shall not be construed to permit an enclosed building any closer than 20 feet from the north property line.

CON2021-00024 Metropolitan Area Planning Commission Page 2 ADJACENT ZONING AND LAND USE: NORTH: NO, GO Offices, duplex SOUTH: NO Parking for Physical Therapy Clinic EAST: LC Restaurant WEST: NO Physical Therapy Clinic

PUBLIC SERVICES: East Central Avenue is a four-lane arterial corridor with a 70 foot right-of way at the entrance to the lot. Municipal sewer and water services are available to the site. There is a Wichita Transit stop at the southwest corner of East Central and North Pershing Avenue.

CONFORMANCE TO PLANS/POLICIES: The proposed conditional use is not in conformance with the adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan. This Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Plan’s Future Growth Concept Map identifies the use as commercial. However, the Locational Guidelines, Development Pattern 1.f. recommends that “primary outdoor sales uses should be located along highway corridors or in areas where the uses have already been established.

The proposed conditional use is not in conformance with the Wichita: Places for People Urban Infill Plan. The Plan identifies this area as a Neighborhood Hub. A Neighborhood Hub provides a range of goods and services that can satisfy the daily needs of the surrounding neighborhoods. The Plan also recommends that infill be encouraged that is contextual to the environment in which it is occurring.

RECOMMENDATION: Based upon information available prior to the public hearings and evaluating the conditions and uses of the surrounding neighborhood, staff is recommending the request be DENIED, based on the following findings:

1. The zoning, uses and character of the neighborhood: East Central Avenue is a four lane arterial corridor with 70 feet of right-of-way and sidewalks located on the north and south sides of the street providing walkable access to the adjacent neighborhoods. There are no used vehicle sales on East Central Avenue between Grove and Rock Road. There is a used vehicle sales lot at North 13th Street and used vehicle sales lots around the Oliver Avenue and Kellogg Drive area. The proposed project would introduce a new use in this commercial corridor immediately adjacent to established residential neighborhoods

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned LC and could be developed with other permitted uses: Residential, Office, General; Convenience Store; Personal Care Service; Personal Improvement Service; Restaurant; Retail, General; and Vehicle repair, Limited are a few of the uses permitted by right in the LC zoning district.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle sales on this site would introduce a new use into the area, which is not supported by planning staff. There are no used vehicle sales lots between Grove to the west and Rock Road to the east of the proposed site. The nearest used vehicle sales lots are located at East 13th Street North and Oliver Avenue and Kellogg Drive and Edgemoor/Oliver area.

4. Conformance of the requested change to adopted or recognized Plans/Policies: The proposed conditional use is not in conformance with the adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan. This Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Plan’s Future Growth Concept Map identifies the use as commercial. However, the Locational Guidelines, Development Pattern 1.f. recommends that “primary outdoor sales uses should be located along highway corridors or in areas where the uses have already been established. CON2021-00024 Metropolitan Area Planning Commission Page 3

The proposed conditional use is not in conformance with the Wichita: Places for People Plan. The Plan identifies this area as a Neighborhood Hub. A Neighborhood Hub provides a range of goods and services that can satisfy the daily needs of the surrounding neighborhoods. The Plan also recommends that infill be encouraged that is contextual to the environment in which it is occurring.

If the Planning Commission determines the request is appropriate and should be approved, then staff have identified the following findings supporting approval and conditions:

1) The Conditional Use shall be limited to the sales of cars and pick-up (light) trucks. No sale or rental of trailers, boats, motorcycles/scooters, recreational vehicles or trucks larger than pick-ups are permitted. All conditions of the Unified Zoning Code, Section III-D.6.x, outdoor vehicle and equipment sales shall be in effect.

A variance must be obtained for the canopy to remain in the front building setback before any building permits are issued or the canopy may be removed.

2) Because the UZC’s definition of “vehicle repair limited” does not allow the outside repair or maintenance services of vehicles none shall be conducted on the site, unless a building is provided for this activity; UZC. Art. II, Sec.II-B.14.i. No outside storage of salvaged vehicles or vehicles waiting for repair shall be permitted in association with this use. No outside storage of parts, including tires, oil containers or any similar type of receptacles for new or used petroleum products.

3) All improvements to the property must be finished before car sales is permitted. Those improvements shall include, but not limited to, clearly marked customer and employee parking and the display area, proposed lighting and a solid fenced trash receptacle area.

4) The applicant shall submit a scaled revised site plan for review and approval by the Planning Director, prior to the selling of any cars or light trucks. The site plan will include, but not be limited to, internal circulation that will remain open during hours of operation to allow access, screening along the south property line as required by the Landscape Ordinance, area designated for display of cars, customer and employee parking, any existing or proposed signs, existing or proposed lighting, landscaping plan along the south property line and location of a fenced trash receptacle. The site will be developed according to the revised site plan.

5) The selling of vehicles is subject to the supplemental use regulations of UZC Section III D. 6. X. pertaining to vehicle and equipment sales in the LC zoning district.

6) A conditional use amendment shall be required for any changes to these conditions.

7) Off-street parking spaces shall be provided in accordance with Article IV, Sec. IV-A of the UZC. No vehicles for sale shall be displayed in required off-street parking spaces. No parking is allowed on unpaved surfaces on the lot.

8) The site shall be developed and operated in compliance with all federal, state, and local rules and regulations.

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

Staff Report Attachments: Aerial Map, Zoning Map, Land Use Map, Site Plan Submitted by Applicant CON2021-00024 Metropolitan Area Planning Commission Page 4

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CON2021-00024 Metropolitan Area Planning Commission Page 8

AGENDA ITEM NO. 4.6 STAFF REPORT MAPC: June 3, 2021 DAB V: June 7, 2021

CASE NUMBER: CUP2021-00018 (City)

APPLICANT/AGENT: Club Carwash Operating, LLC, Tier 1, LLC (Applicants)/ Cochran Engineering (Agent)

REQUEST: Amendment to Community Unit Plan DP-295

CURRENT ZONING: LC Limited Commercial

SITE SIZE: 2.12 acres

LOCATION: Generally located on the east side of North Maize Road and within one-quarter mile south of West 37th Street North.

PROPOSED USE: Carwash within 200 feet of Residential Zoning

Metropolitan Area Planning Commission Page 1 CUP2021-00018 BACKGROUND: The applicant is requesting an amendment to the Stonebridge Community Unit Plan CUP DP- 295 to permit a carwash on Parcels 1a and 1b. The property is zoned LC Limited Commercial, and is generally located on the east side of North Maize Road and within one-quarter mile south of West 37th Street North. The application area consists of all of Lot 1, Block 1, Stonebridge Commercial Addition as changed by a lot split (LSP2012-00009). The site is currently undeveloped. The site plan shows the carwash oriented east/west on the site. Access to the site from Maize Road is via a shared drive on the south property line and two access points off of North Reed Avenue east of the site.

If the subject property was not in a CUP, the applicant would have had to submit a Conditional Use application to permit the use because the Supplementary Use Regulations in Section III-D.6.f of the Unified Zoning Code require a Conditional Use if the site is located within 200 feet of a residential zoning district. The subject site is adjacent to SF-5 Single Family Residential zoned property, which is located to the west of the subject site and in the City of Maize. Amending the CUP can be done in lieu of a Conditional Use, as the public hearing process is the same. The Supplementary Use Regulations also contain regulations regarding setbacks, fencing, paving, lighting, signs, noise, circulation, parking, drainage, and maintenance. Attached is the full list of regulations for carwashes set forth in Section III-D.6.f. If this application is approved, each of the items will be reviewed for compliance prior to the issuance of building permits.

The property abuts an arterial street, which requires certain landscaping standards per the Wichita Landscape Ordinance. The site plan shows a landscaped street yard along North Maize Road in addition to parking lot screening, which are required elements based on the Wichita Landscape Ordinance. The parcel boundaries indicated on the site plan and the proposed CUP drawing are different than what is shown on the current CUP. The proposed development boundary is ten feet less than the actual north boundary line of Parcel 1b. Therefore, this development will make Parcel 1b smaller and Parcel 2a larger. The revised drawings of the CUP shall include revised parcel boundaries with updated site development calculations to match the proposed development.

The character of the surrounding area is commercial—retail stores, fast-food restaurants and other commercial uses— multi-family development, and SF-5 Single-Family zoning. Property to the north is zoned LC Limited Commercial (CUP DP-295) and is a fast food restaurant. Property to the south is zoned LC and is developed with retail. Property to the east is zoned LC (CUP DP-295) and is developed with big box retail and a detention pond. Property to the west is zoned SF-5 Single-Family Residential in the City of Maize and is undeveloped/agricultural land.

CASE HISTORY: In 2006, the property was rezoned (ZON2006-00007 with CUP2006-00006) from SF-5 Single-Family Residential to LC Limited Commercial and created the Stonebridge CUP DP-295. In 2009 the property was platted as part of the Stonebridge Commercial Addition. In 2012, a lot split (LSP2012-00009) was approved changing the boundary between Lots 1 and 2, making Lot 1 larger.

ADJACENT ZONING AND LAND USE:

NORTH: LC Fast food restaurant, other commercial uses (CUP DP-295) SOUTH: LC Retail and multi-family (CUP DP-330) EAST: LC Bix box retail and stormwater detention (CUP DP-295) WEST: SF-5 (Maize) Undeveloped/agricultural land.

PUBLIC SERVICES: North Maize Road is a paved, five-lane arterial with a ten-foot shared-use path on the east side. North Reed Avenue is a paved private drive within the CUP that provides north/south movement from West 37th Street to West Silver Fox Street. Municipal water and sewer are available on-site.

Metropolitan Area Planning Commission Page 2 CUP2021-00018

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

1. The amendment shall apply only to Parcels 1a and 1b. All other requirements of the CUP remain in effect unless or until a separate zoning action is filed. 2. The revised CUP document shall also include adjusted parcel boundaries with updated site development calculations to match the proposed development. 3. The applicant shall submit four revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed.

1. The zoning, uses and character of the neighborhood: The character of the surrounding area is commercial— retail stores, fast-food restaurants and other commercial uses— multi-family development, and SF-5 Single-Family zoning. Property to the north is zoned LC Limited Commercial (CUP DP-295) and is a fast food restaurant. Property to the south is zoned LC and is developed with retail. Property to the east is zoned LC (CUP DP-295) and is developed with big box retail and a detention pond. Property to the west is zoned SF-5 Single-Family Residential in the City of Maize and is undeveloped/agricultural land. Though the property is adjacent to residential zoning, the land is not developed residentially and it is undetermined if it will develop as such in the future. Therefore, Planning staff sees this site as appropriate for a car wash use.

2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LC with CUP DP-295 which contains provisions to guide development on this property. The site could be developed commercially within the guidelines of the Community Unit Plan.

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

Metropolitan Area Planning Commission Page 3 CUP2021-00018 based on market demands in the area. The proposed development is in conformance to the adopted Comprehensive Plan.

7. Impact of the proposed development on community facilities: Negative impacts are not anticipated.

Attachments: 1. Supplementary Use Regulations, Section III-D.6.f 2. Aerial Map 3. Zoning Map 4. City of Maize Zoning Map 5. Land Use Map 6. Landscape Plan 7. Site Rendering 8. CUP DP-35 Drawing 9. Site Photos

Metropolitan Area Planning Commission Page 4 CUP2021-00018

SUPPLEMENTARY USE REGULATION SECTION III-D.6.F f. Car Wash. The following standards shall apply to Car Wash facilities in all zoning Districts, whether the Car Wash facilities are Principal Uses or Accessory Uses: (1) Conditional Use when near residential zoning. Although listed as permitted Uses in some zoning Districts, Car Washes shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 200 feet of residential zoning Districts. This distance shall be measured from the nearest Lot Line of a zoning Lot with residential zoning to the nearest Lot Line of the zoning Lot containing the Car Wash.

(2) Setbacks from major Streets. All Buildings shall be set back at least 35 feet from all arterials, expressways or freeways.

(3) Setbacks from other Streets. For all Streets other than arterial Streets, expressways or freeways, the minimum Street Setback shall be the lesser of the following: (a) 20 feet from the Street Right-of-Way Line; (b) the Setback described on the recorded subdivision plat; or (c) the average Setback calculated pursuant to Sec. III-E.2.e(5)(b).

(4) Setbacks from residential. All Structures shall be set back at least 60 feet (excluding any Street, Alley or intervening public way) from the Lot Line of any Lot located within a residential zoning District. This Setback shall not apply where the Abutting property is being used for a nonresidential Use permitted by-right in the Underlying District or where the Governing Body has formally adopted a policy of looking with favor on the establishment of LC or higher intensity zoning for the Contiguous area.

(5) Fences. A Fence with a minimum height of six feet shall be provided along the interior side and rear property line, when Adjacent to a Dwelling Unit, to protect the Dwelling Unit from light and noise and eliminate blowing debris, and to protect Adjacent property values. Whenever a Fence shall be located in the required Front Setback, such Fence shall not be higher than three feet. The Fence shall be constructed of masonry, concrete, wood or other similar materials.

(6) Paving. All of the area to be utilized by the washing and drying operations, including all ingress and egress areas, shall be paved with concrete, asphalt or asphaltic concrete or similar hard surfacing material.

(7) Lighting. The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string- type lighting shall be permitted.

(8) Signs. Signs are limited to those permitted in the Underlying District.

(9) Noise. The noise levels shall be in compliance with the noise standards of Sec. IV-C.6

(10) Circulation plan. A plot plan showing points of ingress and egress, width of driveways, off-street Parking and holding spaces and interior traffic circulation shall be submitted to the County Engineer for the County or the Traffic Engineer for the City for approval prior to the filing of the application. There shall be no ingress or egress from unpaved public ways.

Metropolitan Area Planning Commission Page 5 CUP2021-00018

(11) Parking. All Parking Areas shall have adequate guards to prevent the extension or overhanging of Vehicles beyond property lines or Parking Spaces.

(12) Street access. There shall be no ingress or egress from minor or residential Streets having 60 feet of right-of-way or less, unless there are two free-moving lanes at all times. (Example: A 30-foot paved Street with Parking permitted on one side would provide two free-moving lanes.)

(13) Drainage. All drainage, both natural and that created by the operation, shall be handled in a manner satisfactory to the Department of Public Works.

(14) Maintenance. The area shall be properly policed through inspections by the owner or operator for proper maintenance and removal of trash.

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Metropolitan Area Planning Commission Page 7 CUP2021-00018

Metropolitan Area Planning Commission Page 8 CUP2021-00018

Metropolitan Area Planning Commission Page 9 CUP2021-00018

Metropolitan Area Planning Commission Page 10 CUP2021-00018

Metropolitan Area Planning Commission Page 11 CUP2021-00018

Metropolitan Area Planning Commission Page 12 CUP2021-00018

Metropolitan Area Planning Commission Page 13 CUP2021-00018 Looking west at site

Looking southwest away from site

Metropolitan Area Planning Commission Page 14 CUP2021-00018 Looking southeast away from site

Looking northeast away from site

Metropolitan Area Planning Commission Page 15 CUP2021-00018 Looking northwest away from site

Metropolitan Area Planning Commission Page 16 CUP2021-00018 AGENDA ITEM NO. 4.7

STAFF REPORT MAPC: June 3, 2021 DAB VI: May 19, 2021

CASE NUMBER: PUD2021-00006 (City)

APPLICANT/AGENT: Red Foxx Rentals, LLC (Owner/Applicant) Baughman Company, Phil Meyer (Agent)

REQUEST: Rezone to create the Northgate 4th Addition PUD #86

CURRENT ZONING: TF-3 Two-Family Residential

SITE SIZE: 1.85 acres

LOCATION: Generally located on the northwest corner of North Meridian Avenue and West 55th Street North.

PROPOSED USE: To create a custom zoning single-family and duplex development.

PUD2021-00006 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting a zone change from TF-3 Two-Family Residential and TF- 3 Two-Family Residential to PUD Planned Unit Development to create the Northgate 4th Addition Planned Unit Development (PUD #86). The site is 1.85 acres in size and is generally located on the northwest corner of North Meridian Avenue and West 55th Street North. The purpose of the PUD is to create a custom zoning classification to permit a mix of single family and duplex development. The PUD affords the ability for one lot to have two single-family dwellings built as long as they maintain a minimum separation of five feet between the dwellings. Under the proposed plan, the area will offer similar densities as permitted under the current zoning, but with a varied visual design. This application is associated with VAC2021-00021 to vacate platted interior side yard setbacks on the subject lots of this PUD application. The two applications are being heard concurrently.

The PUD restricts uses to only those permitted by-right in the TF-3 zoning district. The PUD drawing shows a conceptual plan where with lots developed with a duplex and other with two, single-family dwellings with a five-foot separation between them on what would be the common wall if they were a duplex. The PUD does not stipulate which lots shall be developed with duplexes and which one shall be developed with the single-family concept. Other than the interior side setback reduction, all other development standards shall adhere to the TF-3 zoning district. General Provision 4 permits the division of lots in order to divide individual dwelling units into separate ownerships. Should the lots be divided as such, the minimum lot size and lot width standards of TF-3 shall not apply. The PUD text states that a 5-foot interior side yard setback shall be provided along the west property line of the PUD since it abuts residential property outside of the PUD boundaries.

Parking standards are per Section IV of the Unified Zoning Code. Signage shall adhere to those permitted in TF-3 zoning. The Unified Zoning Code does not require screening or landscaping because the property is being developed as if it were TF-3 zoning. Property to the east, across North Meridian, is zoned SF-5 with single family dwellings. Property to the west is zoned TF-3 and is undeveloped land.

Property to the north is zoned SF-5 with a single-family dwelling and accessory structures. Property to the south is zoned TF-3 and is undeveloped land. Further south is zoned TF-3 with newly constructed duplexes. Property to the east is zoned SF-5 with single-family dwellings. Property to the west is zoned TF-3 and is undeveloped land.

CASE HISTORY: In 2020, the property was rezoned from SF-5 Single Family Residential to TF-3 Two- Family Residential (ZON2020-00019). Also in 2020, the property was platted as the Northgate 4th Addition.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single family dwelling SOUTH: TF-3 Undeveloped EAST: SF-5 Single family dwellings WEST: TF-3 Undeveloped

PUBLIC SERVICES: North Meridian Avenue is a paved, four-lane arterial with a sidewalk on the east side of the street. West 55th Street North is a paved, two-way, local street with a sidewalk on one side of the street. Municipal water and sewer are available and may need to be extended as development occurs.

PUD2021-00006 Metropolitan Area Planning Commission Page 2 RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to provisions of the Northgate 4th Addition PUD #86, and subject to the following conditions:

1. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #86 Northgate 4th Addition Planned Unit Development) has special conditions for development on the property. 2. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. 3. All other federal, state, and local laws and ordinances must be observed.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property to the north is zoned SF-5 with a single-family dwelling and accessory structures. Property to the south is zoned TF-3 and is undeveloped land. Further south is zoned TF-3 with newly constructed duplexes. Property to the east is zoned SF-5 with single-family dwellings. Property to the west is zoned TF-3 and is undeveloped land. The PUD is not increasing the density of the property as it is currently zoned. Therefore, it fits with the uses and character of the surrounding area.

2. The suitability of the subject property for the uses to which it has been restricted: The site is zone TF-3 and can be developed with duplexes. The PUD is not increasing the density of the site more than what can be developed as it is presently zoned.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The site is zone TF-3 and can be developed with duplexes. The PUD is not increasing the density of the site more than what can be developed as it is presently zoned. The provisions of the PUD should mitigate any negative impacts on surrounding properties.

4. Length of time the property has been vacant as currently zoned: The property has never been developed. Historically it has been used as agricultural land.

5. Relative gain to the public health, safety, and welfare, compared to the loss in value or the hardship imposed upon the applicant: The proposed changes should create no significant issues related to the public health, safety or welfare given the governing language of the recommended PUD text.

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

Attachments: 1) Recommended PUD Text, 2) PUD Drawing, 3) Aerial Map, 4) Zoning Map, 5) Land use Map

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PUD2021-00006: Northgate 4th Addition PUD #86 Recommended Text

GENERAL PROVISIONS – NORTHGATE 4TH ADDITION PUD – PUD2021-06

PROJECT DESCRIPTION: The intent of this Planned Unit Development is to permit a new approach to providing increased density in a manner otherwise constrained by the traditional development standards of the Unified Zoning Code and Subdivision Regulations. The site is currently being developed with duplex units and under this proposed plan the area will offer similar densities with a varied visual design. The PUD allows a certain level of flexibility with site development regulations which would otherwise not be permitted under the existing zoning.

GENERAL PROVISIONS: 1. This development contains a gross area of 1.86 acres, or 81,038 square feet, more or less. 2. Parking shall be per the standards of the Unified Zoning Code. 3. Uses in Parcel 1 shall be limited to those permitted by-right in the "TF-3" Two-Family Residential zoning district. 4. Parcel 1 shall permit the future division of platted lots without the approval of individual lot splits in order to divide dwelling units into separate ownerships. Surveyed legal descriptions of divided lots shall be recorded with the Sedgwick County Register of Deeds office to establish a new zoning lot. 5. The property development standards of the "TF-3" Two-Family Residential zoning district shall apply to Parcel 1 with the following exceptions: A. There shall be no required interior side yard setback, provided units either share a common wall or maintain a minimum interior separation between buildings of five (5) feet, except there shall be a minimum 5-foot building setback along the west property line of the PUD. B. Divided lots, as permitted by General Provision #4, shall not be required to maintain a minimum lot area. C. Divided lots, as permitted by General Provision #4, shall not be required to maintain a minimum lot width. 6. Signs shall be in accordance with the "TF-3" Two-Family Residential zoning district. 7. The layout of dwelling units shown on this plan is conceptual and may change, provided the site is developed in accordance with the provisions of this P.U.D. 8. Amendments, adjustments or interpretations to this P.U.D. shall be done in accordance with the Unified Zoning Code. 9. The Transfer of title of all or any portion of land included within the Planned Unit Development (or any amendments thereto) does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon present owners, their successors and assigns. 10. The development of this property shall proceed in accordance with the development plan as recommended for approval by the Planning Commission and approved by the Governing Body, and any substantial deviation of the plan, as determined by the Zoning Administrator or the PUD2021-00006 Metropolitan Area Planning Commission Page 4 Director of Planning, shall constitute a violation of the building permit authorizing construction of the proposed development. 11. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 12. Prior to publishing the ordinance establishing the zone change, the applicant(s) shall record a document with the Register of Deeds indicating this tract (referenced as PUD #??) includes special conditions for development on this property.

PARCEL 1: A. Net Area: 81,038 sq. ft. ± or 1.86 acres ± B. Maximum Dwelling Units: 16 C. Maximum building height to conform to the "TF-3" Two-Family Residential zoning district. D. Setbacks: See drawing and General Provision #5 E. Permitted Uses: See General Provision #3.

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AGENDA ITEM NO. 4.8 STAFF REPORT MAPC June 3, 2021 DAB IV June 7, 2021

CASE NUMBER: PUD2021-00008

APPLICANT/AGENT: City of Wichita (owner); PEC (agent)

REQUEST: Amendment to Ballpark Village Planned Unit Development (PUD #61) to allow for increased building height on two parcels.

CURRENT ZONING: PUD Planned Unit Development (PUD #61 – Ballpark Village PUD)

SITE SIZE: 1.66 acres

LOCATION: The northeast and northwest corners of West Maple Street and South McLean Boulevard

PROPOSED USE: Commercial Mixed Use

Parcel 6

Parcel 5

BACKGROUND: The applicant is seeking to amend the Ballpark Village Planned Unit Development (PUD #61) located at the northeast and northwest corners of West Maple Street and South McLean Boulevard. The intent of the amendment is to allow for increased building heights on two parcels within the PUD. Parcel 5 is located on the northwest corner of Maple and McLean and Parcel 6 is located on the northeast corner. The applicant is requesting to:

• Increase the maximum height of Parcel 5 from 50 feet to 85 feet. • Increase the maximum height of Parcel 6 from 50 feet to 95 feet. • Adjust the floor area ratios for both parcels as well as the PUD’s total permitted floor area to align with the increased height allowances.

The Ballpark Village PUD was established to provide for a signature destination on Wichita’s Delano/Downtown Riverfront. The PUD allows a certain level of flexibility with site development regulations which would otherwise not be permitted under traditional zoning. The site is being developed through city partnership with the Wichita Wind Surge Minor League Baseball team and is guided by the Ballpark Village Master Plan, a component to the Delano Neighborhood Plan.

As seen in the attached Height Restriction map, Parcels 5 and 6 of the Ballpark Village PUD are surrounded by properties with a height limit of 80 feet or no height limit. Properties to the north of Ballpark Village are part of the Riverfront Village PUD and have no height limit. Properties to the south have a height limit of 80 feet. Properties on the east bank of the river have no height limit and include the 16-story Hyatt Hotel. Properties to the west of Ballpark Village have a height limit of 80 feet.

Approval of the requested increase in height restrictions would continue to allow the property to be in conformance with existing plans and policies including the Delano Neighborhood Plan and Ballpark Village Master Plan. These plans do not recommend height restrictions for these parcels.

Properties to the north of the subject PUD have a mix of PUD Planned Unit Development, LC Limited Commercial, GC General Commercial, CBD Central Business District, and DO Delano Overlay Zoning. The properties have various commercial uses including restaurants, shops, offices, and a church. Properties to the south of the subject PUD have a mix of LC Limited Commercial, PUD Planned Unit Development, LI Limited Industrial, and DO Delano Overlay Zoning. The properties have various uses including an ice rink, apartments, a hotel, and an office. Properties to the east of the subject PUD have a mix of CBD Central Business District, PUD Planned Unit Development, and DO Delano Overlay Zoning. The properties include the Arkansas River immediately to the east, with Century II to the east of the river. Properties to the west of the subject PUD have a mix of GC General Commercial, and DO Delano Overlay Zoning. The properties have a mix of single family homes and commercial uses including a temporary parking area for the baseball stadium.

CASE HISTORY: In February of 2019 the subject property was re-platted as Ballpark Village Addition and rezoned to PUD Planned Unit Development. The site is being developed through city partnership with the Wichita Wind Surge Minor League Baseball team and is guided by the Ballpark Village Master Plan, a component to the Delano Neighborhood Plan.

ADJACENT ZONING AND LAND USE: NORTH: PUD; LC; GC; CBD; DO Commercial uses SOUTH: PUD; LC; LI; DO Commercial uses; Multi-family EAST: CBD; PUD; DO Arkansas River; Century II; Hotel WEST: GC; DO Residential; Commercial uses

PUD2021-00008 Metropolitan Area Planning Commission Page 2 PUBLIC SERVICES: The subject property currently has access to all utilities and paved local streets.

CONFORMANCE TO PLANS/POLICIES: The requested PUD amendment would continue to allow the property to be in conformance with existing plans and policies.

The requested PUD is in conformance with the goals of the Community Investment Plan. The 2035 Wichita Future Growth Concept Map from the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the area in which the site is located as appropriate for Residential and Employment Mix within the established Central Area.

The requested PUD amendment is in conformance with the goals of the Delano Neighborhood Plan. The Future Land Use Concept Map from the Delano Neighborhood Plan identifies the area in which the site is located as Ballpark Village. The Ballpark Village Master Plan, an appendix to the Delano Neighborhood Plan, includes detailed recommendations for development with the area designated Ballpark Village.

The requested PUD amendment is in conformance with the goals of the Ballpark Village Master Plan. Both Parcels 5 and 6, located at the northwest and northeast corners of Maple and McLean, are located within the context of the Arkansas River Connection as depicted in the Plan. The Plan states that “essential to the Ballpark Village concept is a strong orientation to the Arkansas River Connection along its east side.” Ballpark Village’s layout responds to the river by utilizing a reconfigured McLean Boulevard to make space for new riverside development. The Plan depicts both parcels as appropriate for retail/commercial.

The Ballpark Village Master Plan includes a section on View Corridors, Building Placement and Height and the attached Priority View Corridors diagram. Parcel 5 is related to the Waterman Bridge to southeast stadium entrance view corridor. The Plan states that “eye-level views should be maintained from pedestrians and vehicles at the midpoint of the bridge to commercial/stadium building frontage lining the west side of McLean Boulevard.” The Plan does not include a height recommendation and the requested increase in height for this parcel aligns with the goals of the Plan. Parcel 6 is related to the McLean Boulevard to the Arkansas River view corridor. The Plan states that “Commercial development between McLean Boulevard should be configured to maximize eye-level views from McLean to the river corridor. Views through the commercial development at windows, gaps between buildings, and/or open outdoor seating decks are encouraged at intervals of up to 150-200 feet.” The plan does not include a height recommendation and the requested increase in height for this parcel aligns with the goals of the Plan.

RECOMMENDATION: Based upon the information available at the time the staff report was prepared, staff recommends APPROVAL of the application as requested.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties to the north of the subject PUD have a mix of PUD Planned Unit Development, LC Limited Commercial, GC General Commercial, CBD Central Business District, and DO Delano Overlay Zoning. The properties have various commercial uses including restaurants, shops, offices, and a church. Properties to the south of the subject PUD have a mix of LC Limited Commercial, PUD Planned Unit Development, LI Limited Industrial, and DO Delano Overlay Zoning. The properties have various uses including an ice rink, apartments, a hotel, and an office. Properties to the east of the subject PUD have a mix of CBD Central Business District, PUD Planned Unit Development, and DO Delano Overlay Zoning. The properties include the Arkansas River immediately to the east, with Century II to the east of the river. Properties to the west of the subject PUD have a mix of GC General Commercial, and DO Delano Overlay Zoning. The properties have a mix of single family homes and commercial uses

PUD2021-00008 Metropolitan Area Planning Commission Page 3 including a temporary parking area for the baseball stadium.

2. The suitability of the subject property for the uses to which it has been restricted: As seen in the attached Height Restriction map, Parcels 5 and 6 of the Ballpark Village PUD are surrounded by properties with a height limit of 80 feet or no height limit. Properties to the north of Ballpark Village are part of the Riverfront Village PUD and have no height limit. Properties to the south have a height limit of 80 feet. Properties on the east bank of the river have no height limit and include the 16-story Hyatt Hotel. Properties to the west of Ballpark Village have a height limit of 80 feet. Approval of the requested increase in height restrictions would have no detrimental effects on nearby properties.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The requirements of the PUD should mitigate significant detrimental effects on nearby properties.

4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested PUD amendment would continue to allow the property to be in conformance with existing plans and policies.

PUD2021-00008 Metropolitan Area Planning Commission Page 4 5. Impact of the proposed development on community facilities: The subject property currently has access to all utilities and paved local streets.

Attachments Aerial Map Zoning Map Land Use Map Height Restriction Map Delano Future Land Use Concept Map Priority View Corridors Diagram Photos PUD Language PUD Drawing

PUD2021-00008 Metropolitan Area Planning Commission Page 5 PUD2021-00008 Metropolitan Area Planning Commission Page 6

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PUD2021-00008 Metropolitan Area Planning Commission Page 11 PROFESSIONAL ENGINEERING CONSULTANTS, P.A. 303 SOUTH TOPEKA WICHITA, KS 67202 316-262-2691 www.pec1.com PURPOSE A SIGNATURE DESTINATION ON WICHITA'S DELANO/DOWNTOWN RIVERFRONT, BALLPARK VILLAGE WILL BE A LIVELY DESTINATION FOR PEOPLE FROM THROUGHOUT THE WICHITA REGION TO ENJOY WATCHING A VARIETY OF SPORTS CONTESTS AND YEAR-ROUND PROGRAMMING, OVERLOOKING THE ARKANSAS RIVER AND DOWNTOWN. IT IS BEING DEVELOPED THROUGH CITY PARTNERSHIP WITH A NEW TRIPLE-A MINOR LEAGUE BASEBALL TEAM FRANCHISE BASED IN WICHITA AND IS LOCATED ON EXISTING CITY PROPERTY INCLUDING THE FORMER LAWRENCE DUMONT STADIUM SITE, ADJACENT STREET RIGHT OF WAY, AND PUBLIC LAND ALONG THE ARKANSAS RIVER. BALLPARK VILLAGE WILL INCLUDE A NEW STATE-OF-THE-ART STADIUM SERVING MULTIPLE SPORTS, WITH CAPACITY FOR 10,000 SPECTATORS, AS WELL AS AN ADJACENT BASEBALL MUSEUM, RETAIL, AND PUBLIC OPEN SPACE IMPROVEMENTS. BALLPARK VILLAGE WILL BENEFIT THE CITY OF WICHITA AND ITS REGION AS A COMMUNITY DESTINATION AND AS AN ECONOMIC DEVELOPMENT STIMULUS, INVITING USE OF EXISTING AND NEW BUSINESSES AND REAL ESTATE DEVELOPMENT. IT WILL CELEBRATE AND ENHANCE THE UNIQUE SENSE OF PLACE PRESENT ALONG THE ARKANSAS RIVER IN THE HEART OF WICHITA.

GENERAL PROVISIONS UNLESS MODIFIED BELOW, THE ZONING DISTRICT REGULATIONS, SITE DEVELOPMENT AND SIGN STANDARDS OF THE CENTRAL BUSINESS DISTRICT (CBD) SHALL APPLY.

1. TOTAL GROSS AREA = 19.17 AC (835,011 SQ.FT.) TOTAL PERMITTED FLOOR AREA = 1,563,344 SQ.FT. SEE PLAN FOR PARCEL AND RESERVE INDIVIDUAL ACREAGES.

2. PARCEL DESCRIPTIONS: NOTE: UNLESS OTHERWISE SPECIFIED, MAXIMUM GROSS FLOOR AREA AND MAXIMUM FLOOR AREA RATIO ARE THE SAME.

PARCEL 1 = LOT 1, BLOCK 1 PROPOSED USES: SEE G.P. #3 GROSS AREA= 1.85 ACRES (80,504 SQ.FT.) FLOOR AREA RATIO= 400% (322,016 SQ.FT.) MAXIMUM BUILDING HEIGHT= 60 FEET

PARCEL 2 = LOT 1, BLOCK 2 PROPOSED USES: ALLOWED PER CBD GROSS AREA= 12.7 ACRES (554,066 SQ.FT.) FLOOR AREA RATIO= 100% (554,066 SQ.FT.) MAXIMUM BUILDING HEIGHT= NO RESTRICTION

PARCEL 3 = LOT 2, BLOCK 2 PROPOSED USES: SEE G.P. #3 GROSS AREA= 0.17 ACRES (7,264 SQ.FT.) FLOOR AREA RATIO= 200% (14,528 SQ.FT.) MAXIMUM BUILDING HEIGHT= 35 FEET

PARCEL 4 = LOT 3, BLOCK 2 PROPOSED USES: SEE G.P. #3 GROSS AREA= 0.31 ACRES (13,616 SQ.FT.) FLOOR AREA RATIO= 300% (40,848 SQ.FT.) MAXIMUM BUILDING HEIGHT= 50 FEET

PARCEL 5 = LOT 4, BLOCK 2 PROPOSED USES: SEE G.P. #3 GROSS AREA= 0.62 ACRES (27,057 SQ.FT.) FLOOR AREA RATIO= 800% (212,384 SQ.FT.) MAXIMUM BUILDING HEIGHT= 85 FEET

PARCEL 6 = LOT 1, BLOCK 3 PROPOSED USES: SEE G.P. #3 GROSS AREA= 1.04 ACRES (45,080 SQ.FT.) FLOOR AREA RATIO= 300% (422,982 SQ.FT.) MAXIMUM BUILDING HEIGHT= 95 FEET

RESERVE A PROPOSED USES: OPEN SPACE, DRAINAGE, LANDSCAPING, BICYCLE PARKING, RECREATIONAL USES, UTILITIES CONFINED TO EASEMENTS AND SIDEWALKS. GROSS AREA= 2.50 ACRES (108,717 SQ.FT.)

3. ALL USES ALLOWED IN CBD SHALL BE PERMITTED EXCEPT: ADULT BOOK AND VIDEO STORE OR OTHER SEXUALLY ORIENTED BUSINESS, COMMUNITY CORRECTIONAL FACILITIES, HALF-WAY HOUSES, DRUG OR ALCOHOL REHABILITATION FACILITIES, NEW OR USED CAR SALES LOT, MULTI-GAME CASINO-STYLE GAMBLING FACILITIES, PAY-DAY LOAN INSTITUTIONS, COMMERCIAL BILLBOARDS, STAND-ALONE CAR RENTAL AGENCIES, WAREHOUSES, DRIVE-THRU WINDOWS FOR COMMERCIAL OR RETAIL BUSINESS, GAS STATIONS OR AUTO REPAIR FACILITIES, RESIDENTIAL USES INVOLVING FEWER THAN TEN UNITS PER ACRE.

4. LANDSCAPING FOR THIS SITE SHALL BE REQUIRED AS FOLLOWS: A. A SHARED PALETTE OF LANDSCAPE MATERIALS SHALL BE USED AMONG ALL PARCELS. B. STREETS TREES SHALL BE PLANTED IN THE RIGHT-OF-WAY ABUTTING ALL PARCELS. A MINIMUM OF ONE STREET TREE PER 40 LINEAR FEET OF FRONTAGE SHALL BE REQUIRED. STREET TREES MAY BE PLANTED WITHIN THE LANDSCAPED AREA BETWEEN THE SIDEWALK AND SURFACE PARKING AREAS. C. PARCEL 2 SHALL CONTAIN A MINIMUM OF 20,000 SQUARE FEET OF LANDSCAPED AREA LOCATED BETWEEN BUILDINGS AND THE STREET RIGHT- OF-WAY. SAID LANDSCAPING IS IN ADDITION TO REQUIRED LANDSCAPING FOR SURFACE PARKING AREAS. D. OTHER PARCELS IN THE PUD SHALL NOT BE REQUIRED TO PROVIDE ON- SITE LANDSCAPING IF THE BUILDINGS ARE BUILT TO THE STREET RIGHT-OF- WAY LINE. IF BUILDINGS ARE SET BACK FROM THE STREET RIGHT-OF-WAY LINE, A LANDSCAPE AREA CONTAINING ONE TREE AND FIVE SHRUBS PER 30 LINEAR FEET OF FRONTAGE SHALL BE REQUIRED BETWEEN THE BUILDING AND STREET RIGHT-OF-WAY. E. SURFACE PARKING AREAS SHALL PROVIDE AT LEAST 5 FEET OF LANDSCAPED AREA BETWEEN THE SIDEWALK AND THE PARKING AREA AND SHALL BE PLANTED WITH SHRUBS A MINIMUM OF 18 INCHES TALL AT THE TIME OF PLANTING AND REACHING A MINIMUM OF 3 FEET TALL AFTER 3 YEARS OF GROWTH. SURFACE PARKING AREAS SHALL CONTAIN LANDSCAPED ISLANDS PLANTED WITH A MINIMUM OF ONE SHADE TREE FOR EVERY 20 PARKING SPACES. TREES PLANTED BETWEEN THE SIDEWALK AND THE SURFACE PARKING AREA MAY COUNT TOWARDS THE NUMBER OF TREES REQUIRED TO BE PLANTED IN LANDSCAPED ISLANDS. F. A LANDSCAPE PLAN SHALL BE PREPARED BY A LICENSED KANSAS LANDSCAPE ARCHITECT, INDICATING THE TYPES, LOCATION, CARE AND SPECIFICATIONS OF ALL PLANT MATERIAL. THIS PLAN SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT. G. A FINANCIAL GUARANTEE FOR THE PLANT MATERIAL APPROVED ON THE LANDSCAPE PLAN FOR THE PARCELS BEING DEVELOPED SHALL BE REQUIRED PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT, IF THE REQUIRED LANDSCAPE HAS NOT BEEN PLANTED. FAILURE TO MAINTAIN THE REQUIRED LANDSCAPING SHALL BE CONSIDERED A VIOLATION OF THE PUD AFTER A JOINT DETERMINATION OF THE PLANNING DIRECTOR AND THE ZONING ADMINISTRATOR. ANY LANDSCAPING NEEDED TO BE REPLACED SHALL BE REPLACED WITHIN 60-DAYS OF THE RECEIPT OF THE VIOLATION NOTICE OR THE NEAREST GROWING SEASON, AS DESCRIBED IN THE VIOLATION NOTICE.

5. UNLESS DEPICTED OTHERWISE ON THE PLAT OR PUD, ALL SETBACKS SHALL BE IN ACCORDANCE WITH THE CBD, CENTRAL BUSINESS DISTRICT ZONING DISTRICT.

6. SIGNS SHALL BE CONSTRUCTED AS ALLOWED BY THE SIGN CODE, CITY CODE OF THE CITY OF WICHITA, FOR THE CBD CENTRAL BUSINESS ZONING DISTRICT WITH THE FOLLOWING PROVISIONS: A. THERE SHALL BE NO RESTRICTIONS ON SIGNS INTERNAL TO THE STADIUM ON PARCEL 2. B. OFF-SITE, PORTABLE, AND TEMPORARY SIGNS ARE PROHIBITED. C. WALL SIGNS SHALL BE LIMITED TO A MAXIMUM OF 20% OF THE AREA OF THE FACADE. WALL SIGNS ARE NOT RESTRICTED TO AN OVERALL MAXIMUM SIZE BUT SHALL NOT OBSCURE ARCHITECTURAL DETAILS OF THE BUILDING. D. ROOF-SIGNS ARE PERMITTED. E. GROUNDS SIGNS ARE PERMITTED ONLY IN CONFORMANCE WITH THE BALLPARK VILLAGE MASTER AND ARE LIMITED TO A MAXIMUM SIZE OF ONE SQUARE FOOT OF SIGN AREA PER LINEAR FOOT OF FRONTAGE. GROUND SIGNS SHALL BE SPACED A MINIMUM OF 150 APART. GROUND SIGNS SHALL BE LIMITED TO 35 FEET IN HEIGHT; HOWEVER, TALLER SIGNS MAY BE PERMITTED BY ADMINISTRATIVE ADJUSTMENT BASED ON A SIGN STUDY INCLUDING A LINE-OF-SITE ANALYSIS FOR SIGN. F. WINDOW SIGNS SHALL NOT OCCUPY MORE THAN 25% OF THE WINDOW AREA. G. AWNING SIGNS SHALL NOT EXCEED 75% OF THE AWNING LENGTH AND 50% OF THE AWNING HEIGHT AND SHALL NOT BE INTERNALLY ILLUMINATED. H. ALL SIGNS SHALL CONFORM TO THE DESIGN GUIDELINES OF THE BALLPARK VILLAGE MASTER PLAN. COLOR RENDERINGS OF A SIGN PLAN SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A SIGN PERMIT.

7. PARKING SHALL BE ACCOMMODATED IN CONFORMANCE WITH THE BALLPARK VILLAGE MASTER PLAN PARKING PLAN. NO USE WITHIN THE PUD SHALL BE REQUIRED TO PROVIDE ON-SITE VEHICULAR PARKING; HOWEVER, BICYCLE PARKING SHALL BE PROVIDED ON-SITE OR WITHIN THE ABUTTING RIGHT-OF-WAY WITH PERMISSION OF THE CITY ENGINEER AT A RATE OF ONE BICYCLE PARKING SPACE PER 50 LINEAR FEET OF FRONTAGE.

8. ALL BUILDINGS WITHIN THE PUD SHALL HAVE COORDINATED ARCHITECTURAL CHARACTER, COLOR, TEXTURE, PREDOMINATE EXTERIOR BUILDING MATERIALS, AND FOUR-SIDED ARCHITECTURE CONSISTENT WITH THE DEVELOPMENT AND DESIGN GUIDELINES OF THE BALLPARK VILLAGE MASTER PLAN. COLOR RENDERINGS OF ALL BUILDING ELEVATIONS SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.

9. APPROVAL OF A SITE CIRCULATION AND PEDESTRIAN WALK SYSTEM PLAN BY THE PLANNING DEPARTMENT IS REQUIRED FOR EACH PHASE OF CONSTRUCTION PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. SAID PLAN SHALL CONFORM TO THE BALLPARK VILLAGE MASTER PLAN.

10. NO OCCUPANCY PERMITS SHALL BE ISSUED FOR ANY DEVELOPMENT WITHOUT DIRECT AVAILABILITY OF MUNICIPAL WATER AND SEWER SERVICES. ALL NEW UTILITIES SHALL BE INSTALLED UNDERGROUND.

11. A DRAINAGE PLAN SHALL BE SUBMITTED TO THE CITY'S PUBLIC WORKS STORMWATER MANAGER/ENGINEER FOR REVIEW AND APPROVAL WITH THE PLAT. REQUIRED GUARANTEES FOR DRAINAGE SHALL BE PROVIDED AT THE TIME OF APPROVAL OF THE PLAT. A LOT GRADING PLAN, IN CONFORMANCE WITH THE DRAINAGE PLAN, SHALL BE PREPARED FOR REVIEW AND APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.

12. ROOFTOP MECHANICAL EQUIPMENT AND HEATING AND AIR CONDITIONING SHALL BE SCREENED FROM GROUND LEVEL VIEW ALONG PUBLIC RIGHT-OF-WAY AND ADJACENT PROPERTIES. SAID SCREENING SHALL BE PROVIDED WITH SIMILAR MATERIALS TO THE PRIMARY STRUCTURE AND SHALL CONFORM WITH THE BALLPARK VILLAGE MASTER PLAN. COLOR RENDERINGS OF A SCREENING PLAN SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.

13. TRASH RECEPTACLES, LOADING DOCKS, OUTDOOR STORAGE, LOADING AREAS, COMPACTORS, PORTABLE STORAGE UNITS AND SIMILAR AREAS/USES SHALL HAVE SOLID SCREENING WITH SIMILAR MATERIALS TO THE PRIMARY STRUCTURE. SAID SCREENING SHALL BE A MINIMUM OF 8 FEET TALL AND SHALL CONFORM TO THE BALLPARK VILLAGE MASTER PLAN. COLOR RENDERINGS OF A SCREENING PLAN SHALL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.

South of the site

The site facing west

PUD2021-00008 Metropolitan Area Planning Commission Page 12

The site facing north

The site facing east

PUD2021-00008 Metropolitan Area Planning Commission Page 13

North of the site

PUD2021-00008 Metropolitan Area Planning Commission Page 14 AGENDA ITEM NO. 4.9

STAFF REPORT MAPC: June 3, 2021 DAB VI: May 19, 2021

CASE NUMBER: PUD2021-00009 (City)

APPLICANT/AGENT: ICT Airbenders, LLC (Owner/Applicant) MKEC Engineering, Brian Lindebak (Agent)

REQUEST: Rezone to create the ICT Airbenders PUD #87

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

SITE SIZE: 1.18 acres

LOCATION: Generally located northeast of North Meridian Avenue and West 2nd Street (2207 West McCoy Street).

PROPOSED USE: To create a custom zoning for duplex/multi-family development.

PUD2021-00009 Metropolitan Area Planning Commission Page 1

BACKGROUND: The applicant is requesting a zone change from SF-5 Single Family Residential and TF-3 Two-Family Residential to PUD Planned Unit Development to create the ICT Airbenders Planned Unit Development (PUD #87). The site is 1.18 acres in size and is generally located northeast of North Meridian Avenue and West 2nd Street North (2207 West McCoy). The purpose of the PUD is to create a custom zoning classification to permit a duplex/multi-family development. The PUD provides flexibility, including the size of various setbacks in order to accommodate infill development on this unique remnant property in the Delano Neighborhood. The site currently has one single-family dwelling that fronts McCoy Street. This home will be demolished to facilitate redevelopment.

The PUD states a development density of up to 14.5 dwelling units per acres, as permitted by conditional use in the TF-3 zoning district. Given the size of the site, this would permit a maximum of 17 dwelling units. The PUD drawing shows a conceptual development of 16 residential dwelling units, as eight duplexes. The applicant is proposing to rent a small number of the properties as short term rentals (for less than one week) through Airbnb, Vrbo, and similar systems.

In order for the property’s zoning to accommodate this, the PUD language submitted by the applicant allows Bed and Breakfast Inn as a permitted use. Wichita-Sedgwick County Unified Zoning Code (UZC) defines Bed and Breakfast Inn as “the use of an owner-occupied or manager-occupied residential structure to provide rooms for temporary lodging or lodging and meals for not more than 15 Transient Guests on a paying basis.” A Transient Guest is defined as “a person who occupies a room for a period of less than one week at a time.” Bed and Breakfast Inn is permitted in most UZC residential zoning districts by conditional use.

If the short term rentals are rented for less than a week, then the property must have on-site owner or management present at all times in order to fit the Bed and Breakfast Inn definition. The intent of the PUD is to have all dwelling units under common ownership and management to be rented out. Therefore, in order for applicant-owned short term rentals to be in compliance with the zoning code, there are two options: 1) a dwelling unit on-site will have to be designated for a resident manager – who resides there at all times- -in order to meet the requirement for Bed and Breakfast; or 2) the PUD language will have to change to permit Hotel/Motel as a use, which does not required on-site management. Planning staff does not support the latter option.

The site is accessible from West McCoy Street to the north and West Martha Street on the west. There are platted alleys on the west side of the property that have never been constructed. The north/south alley is 10 feet. The east/west alley is 20 feet. The PUD would permit reductions to setbacks in order to develop the multi-family concept desired. The proposed setbacks vary depending on if the lot abuts an alley, street or residential property. The proposed setbacks are as follows:

Minimum Setbacks surrounding the site: PUD#87 TF-3 District 20-foot setback abutting McCoy if the TF-3 requires a 25-foot front setback and a 15- dwelling unit fronts McCoy. Otherwise a 15- foot side-street setback. foot side street setback. 5-foot setback abutting platted alleys— TF-3 requires a 20-foot rear setback and 6-foot effectively being 10-foot and 25-foot setbacks interior side setbacks. respectively. 10-foot setback abutting residential property. TF-3 requires a 20-foot rear setback

The PUD text also contains provision for architectural controls, signage, lighting, landscaping, screening, and parking. The architectural controls require that all building within the PUD shall share a consistent architectural PUD2021-00009 Metropolitan Area Planning Commission Page 2 design. The site is also located within the Delano Neighborhood Overly District. This requires that all building elevations be reviewed and approved by the Delano Design Review Committee prior to the issuance of a building permit. Signs are required to comply with the provision of TF-3 zoning in the Wichita Sign Code. Lighting shall comply with Section IV of the Unified Zoning Code.

General Provision 5 requires landscaping per the Wichita Landscape Ordinance. Because this is multi-family development abutting SF-5 and TF-3 zoning, a 15-foot landscape buffer is required along all abutting property lines and a landscaped street yard is required along McCoy Street, One shade tree, or two ornamental trees per 40 linear feet a required for the landscape buffer, and the landscape street yard shall be approximately 1,400 square feet with a minimum of three shade trees. The provisions regarding landscaping states that a landscape plan shall be developed for review and approval by the Planning Department. Regarding screening, General Provision 8 states that all trash receptacles shall be reasonably screened from view of streets and alleys. In addition, a six-foot screening fence is required to screen parking and drive ways from view of abutting residential properties. This would be along the south property line as well as the west property line along the driveway off of McCoy Street. General Provision 9 states that there shall be a minimum of 1.5 parking stalls per dwelling unit. This ratio is less than the minimum parking standards for a two-bedroom or greater unit (1.75 stalls per unit), but greater than the parking standard for one-bedroom units (1.25 stalls per unit). In addition, the PUD requires that each residence shall provide for bicycle storage and/or bicycle racks.

Property to the north, across McCoy is zoned SF-5 and is the railroad right-of-way. Property to the south is zoned SF-5 with single family dwellings. Property to the east is zoned SF-5 and TF-3 with single family dwellings. Property to the west is zoned SF-5 with single family dwellings. The property is within the Delano Neighborhood Overlay district which requires approval of architectural standards that shall be adhered to.

Properties within the Delano Overlay must also comply with the Delano Neighborhood Design Guidelines. The guideline are meant to ensure that “alterations shall be respectful of the character of one of Wichita’s earliest commercial and residential districts.” The site plan and elevations provided are not detailed enough to thoroughly review the project for compliance with the design guidelines, however the documents do indicate that the following guidelines have not been met:

• Architectural features shall be retained and building designs shall be compatible with the district’s historical architectural character by coordinating style, architectural detailing, materials and scale with the original buildings in the district (UZC, A-5, Section 3-a.1). • All remodeling or rehabilitation of exteriors shall ensure the visual integrity of the building and be compatible with the overall architectural character of the district (UZC, A-5, Section 3-a.2). • Detached garages, carports and other accessory structures shall be subordinate (smaller) to the primary structure with regard to height, scale and mass, and shall be situated in a manner that is typical of the neighborhood (UZC, A-5, Section 3-a.4).

CASE HISTORY: The property is platted within two subdivisions. In 1887 the western portion was platted as Lots 2, 4, 6, and 8, on Martha Ave, Kirkpatricks 2nd Addition. In 1930, the eastern portion is platted as Lot 27, Athenian Avenue Addition.

ADJACENT ZONING AND LAND USE: NORTH: SF-5 Railroad right-of-way SOUTH: SF-5 Single family dwellings EAST: SF-5 & TF-3 Single family dwellings WEST: SF-5 Single family dwellings

PUBLIC SERVICES: West McCoy Street is a gravel, two-way, local street with no sidewalks and approximately 12 feet of road width. West Martha Street is a gravel, two-way, local street with no sidewalks. It has 20-feet of right-of-way and approximately 12 feet of road width. During development review it was discussed that McCoy PUD2021-00009 Metropolitan Area Planning Commission Page 3 Street shall be paved to Athenian Avenue to the urban standard with curb and gutter, underground storm sewer with a width of 24 feet (back-of-curb to back-of-curb) with a six-foot sidewalk on the south side. Martha Street shall be paved to the alley standard with a width of 20 feet. A guarantee of paving shall be required with the PUD. Municipal water and sewer are available, but may need to be extended and for development.

CONFORMANCE TO PLANS/POLICIES: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for Residential. This category is described as follows: “Encompasses areas that reflect the full diversity of residential development densities and types typically found in a large urban municipality.” In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area (ECA) and recommends an Urban Infill Strategy for the ECA. The Locational Guidelines for the ECA encourage infill development that maximizes public investment in existing and planned infrastructure and services.

The Wichita: Places for People Plan provides recommendations for urban infill development in the ECA. The subject site is located within the ECA in an area outside of the Neighborhood Hub located at North Meridian Avenue and West 2nd Street by the Places for People Plan. In addition, this site is also located within an identified “area of opportunity.” The Places for People Plan defines Areas of Opportunity as those “areas that generally exhibit economic challenges, a disconnected development pattern and a lack of walkable places and facilities. These areas need strategic investment, both public and private, to assist in redefining and reinvigorating the area.” A development such as this aligns with the goals of the Plan for strategic investment.

The revised Delano Neighborhood Plan was adopted in 2019. The Future Land Use Map of this Plan identifies this site as appropriate for “Residential”. This residential development conforms to this plan.

RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to provisions of the ICT Airbenders PUD #87, and subject to the following conditions:

1. The PUD shall be amended to indicate a dwelling unit that shall be reserved for an on-site manager for the Bed and Breakfast use. 2. The PUD drawing shall indicate screening along the boundaries of the parking lot and drive aisles where they abut the boundaries of the PUD. 3. A paving guarantee for the described portion of West McCoy Street and West Martha Street shall be required upon application for a building permit. Paving shall be to the following standards: a. McCoy Street shall be paved to Athenian Avenue to the urban standard with curb and gutter with a width of 24 feet (back-of-curb to back-of-curb) and a six-foot sidewalk on the south side. b. Martha Street shall be paved to the alley standard with a width of 20 feet. 4. The applicant shall record a PUD certificate with the Register of Deeds indicating that this tract (referenced as PUD #87 ICT Airbenders Planned Unit Development) has special conditions for development on the property. 5. A copy of the recorded certificate along with four copies of the approved PUD shall be submitted to the Metropolitan Area Planning Department within 60 days of governing body approval, or the request shall be considered denied and closed. 6. All other federal, state, and local laws and ordinances must be observed.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property to the north, across McCoy is zoned SF-5 and is the railroad right-of-way. Property to the south is zoned SF-5 with single family dwellings. Property to the east is zoned SF-5 and TF-3 with single family dwellings. Property to the west is zoned SF-5 with single family dwellings. The property is within the Delano Neighborhood Overlay district PUD2021-00009 Metropolitan Area Planning Commission Page 4 which requires approval of architectural standards that shall be adhered to.

The proposed PUD will provide an opportunity to redevelop a unique and challenging piece of land within the Delano Neighborhood, providing an investment in housing opportunities. Conformance to the standards of the Delano Neighborhood Overlay shall guarantee a development that shares the same architectural character as the surrounding neighborhood.

2. The suitability of the subject property for the uses to which it has been restricted: The site is currently zoned SF-5 Single-Family Residential and TF-3 Two Family residential. The base zoning of the PUD restricts development to TF-3 standards with the ability for multi-family residential development as permitted in TF-3 by conditional use. Multi-family density is restricted to 14.5 dwelling units per acre. The site is zoned D-O and the Delano Overlay is intended to preserve, enhance, and promote the character of the Delano neighborhood as prescribed in the Delano Neighborhood Plan.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The base zoning of the PUD restricts development to TF-3 standards with the ability for multi-family residential development as permitted in TF-3 by conditional use. Multi-family density is restricted to 14.5 dwelling units per acre. The provisions of the PUD for screening and landscaping in addition to the standards of the Delano Neighborhood Overlay Distract will help mitigate potential negative impacts to surrounding properties.

4. Length of time the property has been vacant as currently zoned: Portions of the property that are vacant have been vacant since the time of platting. The single-family dwelling located at 2207 W. McCoy was constructed in 1870.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Community Investments Plan (the Wichita-Sedgwick County Comprehensive Plan) includes the 2035 Wichita Future Growth Concept Map. The Map identifies the area in which the site is located to be appropriate for Residential. This category is described as follows: “Encompasses areas that reflect the full diversity of residential development densities and types typically found in a large urban municipality.” In addition, the Wichita-Sedgwick County Comprehensive plan identifies the Established Central Area (ECA) and recommends an Urban Infill Strategy for the ECA. The Locational Guidelines for the ECA encourage infill development that maximizes public investment in existing and planned infrastructure and services.

PUD2021-00009 Metropolitan Area Planning Commission Page 5 7. Impact of the proposed development on community facilities: There are no anticipated significant adverse impacts on community facilities.

Attachments: 1. Recommended PUD Text 2. PUD Drawing 3. Aerial Map 4. Zoning Map 5. Land use Map 6. Delano Plan Future Land Use Map 7. Opposition Letter

PUD2021-00009 Metropolitan Area Planning Commission Page 6 PUD2021-00009 ICT AIRBENDERS PUD #87 RECOMMENDED TEXT

Planned Unit Development No. 87 Case Number: PUD2021-00009 Development Guidelines General Provisions

PUD Background: This property is located in the Delano neighborhood, lying north of 2nd Street, south of McCoy Street and the Kansas-Oklahoma Railroad, east of St. Clair Avenue, and west of Athenian Avenue. The subject property is situated in an area with a mix of SF-5 Single-Family Residential and TF-3 Two-Family Residential zoning districts. The property was platted and developed in the early days of Wichita. Nearby on the east side of Athenian are commercial and industrial zoned properties. Half a block south of the PUD on 2nd Street and Athenian Avenue is a MF-18 Multi-Family Residential property. The surrounding neighborhood and subject property are within the D-O Delano Neighborhood Overlay District providing additional provisions that protect and shape the development activities within the historic Delano neighborhood preserving the history and character of the neighborhood. The property has access to St.Clair Avenue via a platted Alley and to McCoy Street.

PUD Purpose Statement: This PUD provides additional residential housing to an area of high demand using TF-3 Two-Family Residential Zoning District as a base zoning classification with the allowance of Multi-Family residential by right. The proposed dwelling units are primarily duplexes on one zoning parcel (Multi-Family duplex and/or townhouse). The PUD also allows for Bed and Breakfast. This PUD meets the goal of the Delano Overlay by increasing the amount of residential land uses and with an emphasis on diversified housing choices. This PUD will add value to Delano from an existing undervalued property while enhancing the quality of life.

1. The subject property shall conform to the recitals of the D-O Delano Neighborhood Overlay District.

2. Parcel Description: Parcel 1 Gross Area = 1.18 Ac. or 51,382 sq. ft. Maximum Dwelling Units per Acre = As per TF-3 Two-Family Residential Zoning District 14.5 (D.U.A.) Maximum Building Coverage = 35% or 20,553 sq. ft. Max. Gross Floor Area = 80% or 41,106 sq. ft. Minimum Setbacks (as shown hereon) Abutting McCoy Street: Twenty Feet (Front) Fifteen Feet (Side) Abutting Alleys: Five Feet Abutting Residential: Ten Feet Maximum Height = 35 feet as per TF-3 Two-Family Residential Zoning

3. Land Uses and Development Standards: The following uses are permitted for Parcel 1: A. All allowed uses permitted by right within the TF-3 Two-Family Residential Zoning District, including conditional provisions for Multi-Family at a maximum density of 14.5 dwelling units per acre, and Bed and Breakfast land use. B. One dwelling unit shall be designated for on-site property management at all times. C. The land uses permitted by the PUD are only those uses permitted by right and not by conditional use unless specifically identified herein. 4. Architectural Controls: All buildings within the PUD shall share a consistent architectural design with similar building materials including roofing materials. The units shall provide bicycle storage and/or racks in PUD2021-00009 Metropolitan Area Planning Commission Page 7 their design. 5. Landscaping: A. Landscape screening shall be in accordance with the City of Wichita Landscape Ordinance. B. A landscape plan shall be prepared by a Kansas Landscape Architect for the above-referenced landscaping, indicating the type, location, and specifications of all plant material. This plan shall be submitted to the Metropolitan Area Planning Department (MAPD) for its review and approval prior to issuance of any occupancy permit(s). 6. Lighting: A. Lighting shall be in accordance with the Wichita-Sedgwick County Unified Zoning Code, Section IV; and the amendments thereto, and as provided herein. 8. Screening: A. Trash receptacles shall be appropriately screened to reasonably hide them from street/alley view with fencing and/or landscaping. B. Screening fences will not be required on the boundary of the PUD, provided, however, parking and/or drive isles shall be screened from adjoining residential as shown hereon. 9. Parking: A. Each dwelling unit shall provide a minimum of 1.5 parking stalls per unit. B. Each residence shall provide bicycle storage and/or racks in their design. 10. Utilities: A. All new utilities shall be installed underground. 11. Signs: A. Signs are permitted under the current Sign Code of the City of Wichita as per TF-3 Two-Family Residential Zoning District. 12. Title: The transfer of the title on all or any portion of the land included in the Planned Unit Development does not constitute a termination of the plan or any portion thereof; but said plan shall run with the land for commercial development and be binding upon the present owners, their successors and assigns and amended. However, the Director of Planning, with the concurrence of the Zoning Administrator, may approve minor adjustments to the conditions in this overlay, consistent with the approved development plan, without filing a formal ordinance amendment. 13. The development of this property shall proceed in accordance with the development plan as recommended for approval by the Planning Commission and approved by the Governing Body, and any substantial deviation of the plan, as determined by the Zoning Administrator and the Director of Planning, shall constitute a violation of the building permit authorizing construction of the proposed development. 14. Any major changes within this Planned Unit Development shall be submitted to the Planning Commission and the Governing Body for their consideration. Amendments, adjustments, or interpretations of the PUD shall be done in accordance with the Unified Zoning Code. 15. Amendments, adjustments, or interpretations to this PUD shall be done in accordance with the Unified Zoning Code. 16. A certificate or Notice of PUD is required to be recorded with the Sedgwick County Register of Deeds Office upon approval of the PUD.

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PUD2021-00009 Metropolitan Area Planning Commission Page 13 Neighbor Opposition Letter

May 18, 2021

From: Connie Lickey and Luanna Capps of 361 N. Athenian, Wichita 67203

To: The District VI Advisory Board and the Metropolitan Area Planning Commission Re: Case

No. PUD2021-00009

Dear Board and Commission members,

We are writing to express our strong opposition to PUD2021-00009, the proposed rezoning of property at 2207 West McCoy. The addition of multi-family housing will cause many changes to the neighborhood that, at this point in time, do not seem to be positive changes. We are sending you this letter to advise you of our concerns.

We are long time residents of this area, having owned and lived at the Athenian address since the early 1950’s. We have seen many changes and understand that the property on McCoy needs to be useful to someone. The property being vacant has been a problem in and of itself. That being said, here are some of our concerns for you to consider regarding the zoning request allowing the owner to build eight buildings that would consist of 16 duplexes.

The property at 2207 West McCoy as it sits right now is a 1870 era house, garage and cellar. We have heard from others who have attempted to remodel the house that the cost of dealing with the environmental issues prohibit them from making it habitable. The issues include asbestos siding, lead paint and lead piping. Assuming the project on the table includes tearing down the current structures, we are concerned about the adjoining properties being contaminated with dust and runoff of these health and environmentally hazardous chemicals.

During construction the quiet enjoyment of our property will be impossible. The access to the property is limited and the amount of heavy equipment traffic will be all day every day for months.

Property values are likely to go down in the area if multi-family apartments or condominiums are built. Multi family dwellings are inconsistent with the neighborhoods developed in the area. The proposal mentions “the style of Delano”. What does that mean? Is there any other block of single family homes in Delano where eight duplexes have been inserted into the middle of the block? Will these duplexes be rental properties? Will they be Section 88? It is not uncommon for people who rent to be less caring of the property and neighborhood. That also makes the property values around these duplexes decrease.

We understand that the current plan shows partial paving of McCoy. This shows us that the entity putting this plan together has only cost in mind with no concern for the wellbeing of the neighborhood. McCoy street is only one block long. Not paving the entire street shows no concern for the neighbor that lives on McCoy and the other neighbors that often use McCoy.

PUD2021-00009 Metropolitan Area Planning Commission Page 14 Proof of this uncaring attitude came about five months ago when two street lights were installed on the part of McCoy that is in the plan to be paved. This leaves the neighbor at 2211 McCoy literally in the dark.

Traffic in the area will be highly impacted. Factoring in the additional neighborhood traffic, the addition of school buses, trash trucks, package delivery vehicles, and the occasional train, morning and evening rush hours will be very different than current conditions.

About ten years ago, the city came through and tore up Athenian during the project to stop the West street flooding issue (which by the way was not solved). There were no storm drains added between West street and the river. The corner of Second and Athenian still floods with any good rain storm. The addition of these duplexes will only increase the runoff and therefore, the flooding. Is there any consideration in the plan for adding storm drains to the area for alleviating this issue?

Second street is very heavily traveled as a main access to downtown from west Wichita. The street is only two lanes and the street surface is very rough. The additional traffic will increase the wear on Second street. Is there any plan to widen and/or repave Second street?

We urge you to disapprove the proposed rezoning, and from recent meetings and discussions with neighbors, we know our opinions and concerns are shared by many who may not have managed to attend meetings.

Thank you for your consideration of these concerns and we look forward to your response. Best regards,

Connie Lickey Luanna Capps

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AGENDA ITEM NO. 4.10

STAFF REPORT MAPC: June 3, 2021 DAB III: June 2, 2021

CASE NUMBER: ZON2021-00023 (City)

APPLICANT/AGENT: Patrick Phillips, Jason Phillips, and Lyndsey Phillips (Applicants), Young and Associates (Agent)

REQUEST: LI Limited Industrial

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 9.73 acres

LOCATION: Generally located approximately 900 feet south of East 55th Street South and on the west side of South Hydraulic Avenue (5727 South Hydraulic Avenue).

PROPOSED USE: Manufacturing and warehousing. BACKGROUND: The applicant is requesting a zone change from SF-5 Single-Family Residential to LI Limited Industrial for a 9.73-acre parcel located approximately 900 feet south of East 55th Street South and on the west side of South Hydraulic Avenue (5727 South Hydraulic Avenue). A portion of the property that fronts Hydraulic is already zoned LI. The applicant is seeking to rezone the remainder of the property for manufacturing and warehousing. The property is currently vacant.

The property owner owns Phillips-Southern Electric. They have experienced increments of growth in their history in Wichita. They purchased this property with the intension of moving all or a portion of their current operation to this location if/when growth occurs. This would include the storing of equipment (both indoors and outdoors) as well as their manufacturing/machine shop that repairs their equipment. The timeline and extent of what all would relocate to this location is unknown. The proposed activities are possible in GC General Commercial zoning. However, a welding/machine shop or any manufacturing would have to comply with supplementary use regulation III-D.6.n, which states that the portion of ground floor area fronting the main street would have to be used for office space, display, or wholesale or retail sales. At this time, it is unknown if the office component would be relocated in the future. Therefore, a zone change to GC would not meet the applicant’s needs.

Property to the north is zoned SF-5 Single Family Residential, except the immediate corner of East 55th and Hydraulic is zoned LC Limited Commercial. One parcel is developed with single family uses. The parcel on the corner is undeveloped. Property south is zoned SF-5 and LI Limited Industrial with single family uses and an appliance retail store fronting Hydraulic. Property to the east is zoned SF-5, LC Limited Commercial, GC General Commercial, and LI Limited Industrial. A portion of the LC and SF-5-zoned property is developed with a single family dwelling. The remainder of the LC and GC properties are governed by CUP DP-120. A portion of this LC- zoned property is developed as a Peachtree Park right at the corner of East 55th and Hydraulic. The GC and the LI properties are undeveloped. Farther west is zoned SF-5 but is developed as the City of Wichita Water Resource Recovery Facility. Property to the west is zoned SF-5 with single family dwellings.

Compatibility setback and height standards shall apply to this site since it abuts SF-5 zoning on the north, west, and south sides. In accordance with Section IV-C.4 of the UZC, the compatibility building setback shall be 25 feet. In addition, staff is recommending no industrial use shall be within 200 feet of the west property line. In accordance with Section IV.C.5 of the UZC, the compatibility height standards shall be in effect. This section states that a building cannot exceed 35 feet in height within 50 feet of the lot line of a property zoned TF-3 or more restrictive. For every three feet greater than 50 feet from the lot line, the building can gain one-foot in height.

With property surrounding the subject site zoned residentially, the Unified Zoning Code (UZC) and Wichita Landscape Ordinance requires that this site comply with screening, lighting, and landscaping standards. Section IV-B of the UZC addresses screening and lighting standards. It requires a minimum of a six-foot solid screening fence where abutting residential zoning. However, the UZC does afford the option to achieve solid screening through the use of landscaped earth berms. Landscape screening must achieve the same effect as a six-foot solid screening fence. The site must also comply with screening of mechanical equipment as described in Section IV- B-3.e. Lighting standards require that all light sources employ cut-off luminaries to minimize light trespass and glare. The light poles cannot exceed a height of one-half the distance from the neighboring Lot. However, all light poles cannot exceed a height of 15 feet if they are within 200 feet of residential zoning.

The site must also comply with the Wichita Landscape Ordinance for landscape buffering along property lines abutting residentially zoned property, a landscaped street yard along Hydraulic, and parking lot screening. The standards for the size of the landscaped street yard is based on the depth of the lot. The subject site has a significant lot depth considering its width. Any changes to the standards of the Landscape Ordinance must be done through the submittal of a variance application. Regarding the landscape buffering along the north, west, and south property lines: the minimum requirement is one shade tree per 40-linear feet. Considering the proximity of established residential uses along the west property line, staff recommends the buffer requirement be increased to 1.5 times the Landscape Ordinance. The length of the west property line would be required to have 13 shade trees plated instead of nine. Existing vegetation can be counted toward the number of trees required by the Ordinance. ZON2021-00023 Metropolitan Area Planning Commission Page 2

CASE HISTORY: The property is unplatted. In order to obtain a building permit, platting is required.

ADJACENT ZONING AND LAND USE: North: SF-5 & LC Single family dwelling, undeveloped South: SF-5 & LI Single family uses and retail East: SF-5, LC, GC, & LI Single-family dwelling, park, undeveloped. West: SF-5 Single-family dwellings

PUBLIC SERVICES: The site has access to South Hydraulic Avenue, a paved, four-lane arterial street with a sidewalk on the east side. Municipal water and sewer are available near the site, but will have to be extended for development at the applicant’s expense. On the west side of the property, South Pattie Street/East 57th Street South are platted rights-of-way in the Kuehn Addition. They are paved, two way local roads with no sidewalks. This could provide access to the west side of the property. Because the Kuehn Addition is a residential subdivision, staff is recommending a dedication of complete access control along this property line so that there is no access to the property from East 57th Street except for emergency purposes.

CONFORMANCE TO PLANS/POLICIES: The rezoning request is in conformance with the Wichita- Sedgwick County Comprehensive Plan, titled the Community Investments Plan. The plan identifies the site as “Industrial”, “Residential”, and “Agricultural or Vacant” on the Future Growth Concept Map. Industrial uses encompass areas that reflect the full diversity of industrial development intensities and types typically found in a large urban municipality. Centers or concentrations of manufacturing, warehousing, distribution, construction research, and technology are located in close proximity to highways and airports and may have rail service.

In addition, the recommended protective overlay will preserve the west portion of the subject site as buffer between the residential properties to the west and the proposed industrial uses on the subject site. In this way, the provisions of the Protective Overlay uphold the spirit and intent of the adopted policies and plans.

The rezoning request is not in conformance with the South Wichita/Haysville Area Plan, which was adopted in 2002. The plan was developed to provide guidance for redevelopment after a tornado went through the area in 1999 and provides guidance for future development in the area. Chapter Four of the plan discusses the desire for new commercial development in the area. The future land use map identifies this property as appropriate for residential development. However, the immediate area has established commercial and industrial zoning fronting the arterial roadway.

RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, subject to Protective Overlay #372:

Protective Overlay #372

1. Allowed uses permitted by-right in the LI Limited Industrial zoning district except the following uses: Correctional Facility; Correctional Placement Residence, Limited and General; Recycling Collection Station, Public and Private; Recycling Processing Center; Reverse Vending Machine; Day Reporting Center; Nightclub in the City; Rodeo in the City; Sexually Oriented Business; Asphalt or Concrete Plant, Limited; Freight Terminal; and Gas and Fuel Storage and Sales.

2. At the time of platting, the applicant shall dedicate complete access control along the west property line for the full length of East 57th Street South except for emergency purposes only. The applicant shall erect a gate which shall remain closed and locked at all times, except for emergency purposed, and shall comply with Fired Department standards for emergency access.

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3. Screening shall be per the Unified Zoning Code Section IV-B.1-3; however, any fences or walls shall be constructed of a consistent pattern and color.

4. Compatibility height and setbacks shall adhere to Section IV-C of the Unified Zoning Code.

5. The landscape buffer along the west property line shall be 1.5 times the standard in the Wichita Landscape Ordinance.

6. No portion of any building or outdoor storage may occupy the west 200 feet of the site. This area can be used for off-street parking.

7. Storage of equipment or merchandise shall be allowed outside an enclosed building only in compliance with the screening standards in Section IV-B of the Unified Zoning Code and the following additional standards: no outdoor storage or work areas shall be permitted within the compatibility setback, or the west 200 feet of the site. No required off-street parking space or loading area shall be utilized for storage; and items stored outdoors shall be screened from view from South Hydraulic Avenue and from ground level view of any residential uses or any adjacent residential zoning.

8. Roof-mounted equipment and loading docks; trash receptacles; ground-level heating, air conditioning, and mechanical equipment; free standing coolers or refrigeration units; outdoor storage including portable storage containers; outdoor work areas or similar uses shall be screened from ground level view along South Hydraulic Avenue and from any residential uses or adjacent residential zoning.

9. All signs shall be limited to signs that would be allowed in the LC Limited Commercial zoning district.

10. The applicant shall submit a site/landscape plan to the Planning Department for review and approval prior to the issuance of building permits.

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Property to the north is zoned SF-5 Single Family Residential, except the immediate corner of East 55th and Hydraulic is zoned LC Limited Commercial. One parcel is developed with single family uses. The parcel on the corner is undeveloped. Property south is zoned SF-5 and LI Limited Industrial with single family uses and an appliance retail store fronting Hydraulic. Property to the east is zoned SF-5, LC Limited Commercial, GC General Commercial, and LI Limited Industrial. A portion of the LC and SF-5-zoned property is developed with a single family dwelling. The remainder of the LC and GC properties are governed by CUP DP-120. A portion of this LC-zoned property is developed as a Peachtree Park right at the corner of East 55th and Hydraulic. The GC and the LI properties are undeveloped. Farther west is zoned SF-5 but is developed as the City of Wichita Water Resource Recovery Facility. Property to the west is zoned SF-5 with single family dwellings.

Across South Hydraulic to the east is unrestricted LI Limited industrial zoning. By restricting the subject site with Protective Overlay #372, it provides a buffer between the more intensive zoning and the residential uses.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 Single-Family Residential with a portion fronting Hydraulic zoned LI Limited Industrial. The current industrial zoning has no Protective Overlay which could cause compatibility issues with the

ZON2021-00023 Metropolitan Area Planning Commission Page 4 abutting SF-5 zoning on the rear-portion of the site. Additionally, the LI zoning does not permit any residential uses.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request would allow the re-development of the site for uses in LI as restricted by PO #372. The applicant intends to develop the entire subject site with manufacturing, machine shop, and warehousing. The restrictions of the Protective Overlay will minimize and mitigate potential negative impacts to surrounding property.

4. Length of time subject property has remained vacant as zoned: The property has historically been used for single family and agricultural uses. It is unknown how long the site has been vacant.

5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval will allow the re-development of the site to provide an opportunity for a local business to continue to expand in the future and provide services to the local community. Denial would represent a loss of economic opportunity to the applicant or property owner.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The rezoning request is in conformance with the Wichita-Sedgwick County Comprehensive Plan, titled the Community Investments Plan. The plan identifies the site as “Industrial”, “Residential”, and “Agricultural or Vacant” on the Future Growth Concept Map. Industrial uses encompass areas that reflect the full diversity of industrial development intensities and types typically found in a large urban municipality. Centers or concentrations of manufacturing, warehousing, distribution, construction research, and technology are located in close proximity to highways and airports and may have rail service.

Attachments: Aerial Map, Zoning Map, Land Use Map, South Wichita/ Haysville Area Plan Future Development Concept Map, Site Pictures

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ZON2021-00023 Metropolitan Area Planning Commission Page 9 Looking west at site

Looking west at lot south of site

ZON2021-00023 Metropolitan Area Planning Commission Page 10 Looking southeast away from site

Looking northeast away from site

ZON2021-00023 Metropolitan Area Planning Commission Page 11 Looking northwest away from site

Looking east at site from South 57th Street

ZON2021-00023 Metropolitan Area Planning Commission Page 12 Looking north away from site at South 57th Street

Looking west away from site at South 57th Street

ZON2021-00023 Metropolitan Area Planning Commission Page 13 Looking south away from site at South 57th Street

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AGENDA ITEM NO. 4.11

STAFF REPORT MAPC June 3, 2021 DAB IV June 7, 2021

CASE NUMBER: ZON2021-00024 (City)

APPLICANT/AGENT: Superior Homes, LP (owner); K.E. Miller Engineering, P.A. (agent)

REQUEST: TF-3 Two-Family Residential

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 7.37 acre

LOCATION: Generally located 1,600 feet south of West 47th Street South and 1,650 feet west of South Meridian Avenue

PROPOSED USE: To allow phase two of the addition to be developed with duplexes

ZON2021-00024 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant/owner is requesting the rezoning of a 7.37 acre tract of land from SF-5 Single-Family Residential to TF-3 Two Family Residential. The subject property is generally located 1,600 feet south of West 47th Street South and 1,650 feet west of South Meridian Avenue. The tract of land is intended to be phase two of an adjacent addition that will allow for duplexes. Property to the northeast, also owned by this developer, is platted as Fox Run Addition. The subject property is currently undeveloped.

Properties to the north and west of the subject site are zoned SF-5 and are developed with single-family residences. Properties to the east of the subject site are zoned TF-3 and undeveloped. Property to the south is zoned MH Manufactured Housing and is undeveloped.

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

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

PUBLIC SERVICES: The subject property has access via the platted South Chase Avenue, a future local street with a 60-foot right-of-way. All municipal services are available to the property.

CONFORMANCE TO PLANS/POLICIES: The requested TF-3 zoning would continue to allow the property to be in conformance with existing plans and policies.

The requested TF-3 zoning is in conformance with the goals of the Community Investment Plan.

The Community Investment Plan (the Wichita-Sedgwick County Comprehensive Plan) depicts the subject site with a current land use of “Agricultural or Vacant.” This category “Encompasses areas that are undeveloped or used for agricultural production.” The Plan states that “pockets of low-density residential uses without the full range of municipal services likely will be developed in areas of the urban fringe that primarily are used for agriculture. Such development should occur in accordance with the Urban Fringe Development Standards for Wichita and Sedgwick County and should be developed in a manner that facilitates future connection to municipal services when they become available.”

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

This recommendation is based on the following findings:

1. The zoning, uses and character of the neighborhood: Properties to the north and west of the subject site are zoned SF-5 and are developed with single-family residences. Properties to the east of the subject site are zoned TF-3 and undeveloped. Property to the south is zoned MH Manufactured Housing and is undeveloped.

2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned SF-5 Single-Family Residential and is undeveloped. The site is adjacent to residential neighborhoods on the north and west and is suitable for residential use. The site has economic value as currently zoned. Approval of TF-3 Two-Family Residential zoning would allow for more units to be constructed on the site.

ZON2021-00024 Metropolitan Area Planning Commission Page 2 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request should have little if any significant adverse impact to nearby property owners. Because of the similarity of residential use, the UZC does not require screening between SF-5 and TF-3 zoning districts.

4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested TF-3 zoning would continue to allow the property to be in conformance with existing plans and policies.

The requested TF-3 zoning is in conformance with the goals of the Community Investment Plan.

5. Impact of the proposed development on community facilities: Development of the property with the requested zoning is not anticipated to have significant adverse impacts on community facilities or resources. All public improvements are available to serve the property.

Attachments: • Zoning Map • Land Use • Aerial Map • Site Photos

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Site looking east

West of site

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Site looking south

North of site

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AGENDA ITEM NO. 4.13

STAFF REPORT MAPC: June 3, 2021 DAB IV: June 7, 2021

CASE NUMBER: ZON2021-00031

APPLICANT/AGENT: Albert M. & Coralie J. Andrew (owner/applicant) Iron Horse Development, c/o Levi Bond

REQUEST: LI Limited Industrial

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: Approximately 4.11-acres

LOCATION: Generally located a quarter-mile west of South Broadway Avenue on the south side of West 47th Street South

PROPOSED USE: To match the abutting and adjacent LI zoned properties for future development

ZON2021-00031 Metropolitan Area Planning Commission Page 1 BACKGROUND: The applicant is requesting the rezoning of the undeveloped, unplatted approximately 4.11-acre subject property from SF-5 Single-Family Residential to LI Limited Industrial. The subject property is located approximately a quarter-mile west of South Broadway Avenue on the south side of West 47th Street South.

Undeveloped LI zoned property abut the east side of the subject property. East adjacent properties, across South Water Street, are zoned LC Limited Commercial and are mostly undeveloped with the exception of a Dollar General retail store; built 1999. The LI zoned Pepsi Cola bottling plant (built1980 - 1981) is located southeast of the subject property, across South Water Street. Undeveloped LI zoned property abut the south side of the subject property with an LI zoned warehouse – office (built 1980) located south of the just noted undeveloped land. LI zoned light manufacturing and warehouse (built 1980) are adjacent to the west side of the subject property, across railroad right- of-way. SF-5 zoned urban scale single-family residences (Sheplers Addition, recorded May 18, 1950) are located north of the site across West 478th Street South as are some LI zoned warehouse – offices and office (built 1998, 1974). These LI zoned offices –warehouses, offices are separated from the SF-5 single-family residences by railroad right-of-way. Properties located south of West 47th Street South in this area between the railroad right-of- way on the west and South Broadway Avenue on the east are zoned LI, LC or GC General Commercial.

CASE HISTORY: The subject property is not platted. No other zoning cases are associated with this site.

ADJACENT ZONING AND LAND USE:

NORTH: LI, SF-5 Warehouse – office, office SOUTH: LI Undeveloped land, warehouse – office, bottling plant EAST: LI, LC Undeveloped land, retail building WEST: LI Warehouse – office, light manufacturing

PUBLIC SERVICES: West 47th Street South Street is a paved, four-lane arterial street at this location. All municipal services are to the site.

CONFORMANCE TO PLANS/POLICIES: The requested zoning is in conformance with the Wichita-Sedgwick County Comprehensive Plan. The Plan’s Future Growth Concept map depicts the subject site as “new employment.” This 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. The area the site is located in matches this designation. The requested LI zoning allows manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices

The subject site is located within the South Wichita – Haysville Plan and is in conformance with the Plan. The Plan’s future land use designates the subject property and the area around it as suitable for industrial development. The requested LI zoning would allow the subject property to be in conformance with existing plans and policies. The undeveloped SF-5 zoned subject property is out of character with this area and single-family residential development on it is questionable.

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

1. The zoning, uses and character of the neighborhood: The area where the subject property is located is mostly zoned LI or LC. Development includes warehouses – offices, office, a bottling plant, light manufacturing and a retail building. Undeveloped LI and LC land is also located in this area. The subject property’s SF-5 zoning is out of character with the area’s LI and LC zoned properties that abut or are adjacent to its west, south and east sides. The SF-5 zoned urban scale Sheplers Addition, located north of the site across West 47th Street South, is the only single-family residential zoning in the immediate area and its development occurred in the 1950s as opposed to the more recent (1970s – 1990s) warehouses – offices, office, bottling plant, light manufacturing and a retail development.

ZON2021-00031 Metropolitan Area Planning Commission Page 2 2. The suitability of the subject property for the uses to which it has been restricted: The undeveloped SF-5 zoned subject property is located in an area of industrial uses and it is questionable if it would develop as single-family residential. Development of the subject property is more likely by rezoning it to the requested LI zoning.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The surrounding properties are all zoned LI or LC (with the exception of the already mention SF-5 zoned Sheplers Addition) and the rezoning of the subject site to LI will not detrimentally affect nearby properties.

4. Length of time the property has been vacant as currently zoned: The unplatted subject site currently is undeveloped.

5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested zoning is in conformance with the Wichita-Sedgwick County Comprehensive Plan. The Plan’s Future Growth Concept map depicts the subject site as “new employment.” This 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. The area the site is located in matches this designation. The requested LI zoning allows manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices

6. Impact of the proposed development on community facilities: All municipal services are available to the site.

Staff Report Attachments: 1. Zoning Map 2. Aerial Map 3. 2035 Wichita Future Growth Concept map

ZON2021-00031 Metropolitan Area Planning Commission Page 3

ZON2021-00031 Metropolitan Area Planning Commission Page 4

ZON2021-00031 Metropolitan Area Planning Commission Page 5

ZON2021-00031 Metropolitan Area Planning Commission Page 6

AGENDA ITEM NO. 4.14 STAFF REPORT MAPC June 3, 2021 DAB VI June 23, 2021

CASE NUMBER: CON2021-00015 (City)

APPLICANT/AGENT: Brunch Ranch & Investment, Robert Brunch (Owner) Club Carwash, (Applicant)/ Cochran Engineering, Eric Kirchner (Agent)

REQUEST: Conditional Use

CURRENT ZONING: LC Limited Commercial

SITE SIZE: 2.6 acres

LOCATION: Generally located 900 feet west of North Amidon Avenue on the north side of West 21st Street North (1716 W. 21st Street North

PROPOSED USE: Carwash within 200 feet of Residential Zoning

BACKGROUND: The applicant is requesting a Conditional Use to permit an automated carwash with vacuum bays on property zoned LC Limited Commercial. The application area only applies to the west portion of the subject property that at is zoned LC. The site is generally located on the north side of West 21st Street North at North Coolidge Avenue (1716 West 21st Street North). The four (4) existing buildings on the site will be demolished.

A Conditional Use is required per Supplemental Use Regulation of Section III-D.6.f of the Unified Zoning Code because the subject site is located within 200 feet of a residential zoning district. The property abutting to the north is zoned LC and SF-5 Single-Family Residential; property to the west, is zoned Community Unit Plan CUP DP-76 with LC underlying zoning and B Multi-Family; property south of the site is zoned CUP DP-3 with LC underlying zoning and LC; properties to the east and northeast is zoned GO General Office and B. Attached is the full list of regulations for carwashes set forth in Section III-D.6.f.

The site plan shows that access to the carwash will be from an ingress/egress access point (approximately 90 feet) north of 21st Street on the west property line – which is within 30 feet + from the south drive of the fire station abutting the subject site to the north. Staff had concerns regarding traffic safety at this off-set intersection of Coolidge, Woodrow and West 21st Street. The applicant was requested to provide a traffic study to address those concerns. The traffic study is attached.

The character of the surrounding area is commercial along the West 21st Street North corridor and with significant commercial development at the arterial intersection of North Amidon Avenue and West 21st Street North; and residential to north and east of the subject property. City of Wichita Fire Station #7 is located on the north boundary of the subject property and is zoned LC, GO and SF-5. The Little Arkansas River is located along the east property line and has a 35-foot building setback that includes a flood control easement and a public utility easement. Property west of the subject site is zoned CUP DP-76 with LC zoning and includes the Dillon’s Grocery Store, service station, restaurants, beauty salon and tire store . Property to the south, across West 21st Street North, is zoned LC (CUP DP-3) and is developed with Twin Lakes Shopping Center and a bank at the southeast corner of North Woodrow Avenue and West 21st Street North. An established residential area abuts the commercial development on the south side of West 21st Street North.

CASE HISTORY: In 1957, the subject property was platted as the Brunch Addition. There have been no cases associated with this property since 2000.

Planning staff has received approximately 40 e-mail letters in opposition to the proposed conditional use.

ADJACENT ZONING AND LAND USE:

Direction Zoning Description North LC, SF-5 Fire Station #7, Little Arkansas River private access South LC Twin Lakes Shopping Center East GO, B Church, Twin Lakes Apartments West LC, B Dillon’s, Neighborhood Shopping Center, Service Repair Garage, parking

PUBLIC SERVICES: West 21st Street North is a paved, four-lane arterial with concrete medians to control access to eastbound and westbound traffic. There are two storm water drainage collection sites that empty into the sewer system. All other water runoff from the proposed carwash is collected on-site and the system is approved by Public Works Storm Water Division. There are sidewalks on both sides of West 21st Street with a traffic/pedestrian signal at the intersection of North Woodrow Avenue and West 21st Street.

Metropolitan Area Planning Commission Page 2 CON2021-00015 North Coolidge Avenue, located along the west boundary of the subject site, is a paved, local street with a 60-foot right-of-way and sidewalks on both sides. North Coolidge Avenue is not aligned with North Woodrow and only has access to eastbound lanes via a median break. Coolidge does not have a signalized intersection; however, the intersection does have a pre-emption traffic signal that is currently being made operable. According to GIS traffic accident data, the number of accidents at this off-set intersection of Coolidge, Woodrow and West 21st Street were: • 2018 – 4 • 2019 – 4 • 2020 – 5 • 2021 – none recorded as of April 15, 2021

Traffic accident information can be found at the URL listed here: https://ict-opendata-cityofwichita.hub.arcgis.com/search?tags=transportation

CONFORMANCE TO PLANS/POLICIES: The adopted 2035 Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as being located within the Established Central Area, a three-mile buffer of mature neighborhoods surrounding the downtown core area. The Wichita Future Growth Concept Map identifies the area for “Commercial” and “New Employment” development. Locational guidelines for commercial development state: “small, neighborhood-serving retail and offices uses and high-density residential uses not located at arterial intersections should be limited to the intersection of an arterial and a collector street.” Staff recommends that the proposed carwash is in conformance to the Community Investments Plan.

The Wichita: Places for People Plan identifies this location as an area of stability in which positive things are happening and on the edge of a node. This plan recommends infill and redevelopment that is contextual to the environment in which it is occurring. The proposed conditional use is in a commercial corridor.

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

1. The site plan shall be submitted to the City of Wichita Public Works and Utilities – Engineering Division for approval of access points in consultation with the Wichita Fire Department. 2. An emergency pre-emption control shall be installed and operational for the traffic signal at Woodrow Avenue and West 21st Street North 3. The use shall comply with supplementary use regulations set forth in Section III-D.6.f of the Unified Zoning Code. 4. The site shall comply with all screening standards of Section IV-B.1-3 of the UZC and the landscaping standards of the Wichita Landscape Ordinance. In general there shall be a screening fence on the north property line with a 10-foot landscape buffer where it abuts to residential zoning and a landscaped street yard along West 21st Street North. The mature tree line along the west bank of the Little Arkansas River (east property line) is determined to meet the landscaping requirement. The owner(s) shall maintain the landscape buffer and replace materials if necessary. 5. A site plan shall be submitted for review and approval by the Planning Director and Zoning Administrator prior to the issuance of building permits. 6. The site shall be developed in conformance to the approved site plan. 7. The site shall be developed in conformance with all applicable federal, state, and local regulations. 8. Signs: Freestanding signage is limited to one monument type sign no taller than 12 feet with a maximum of 60 square feet of signage. No off-site signs, free standing flag signs or portable signs shall be permitted.

Metropolitan Area Planning Commission Page 3 CON2021-00015 9. Architectural Control: All buildings on the site shall be constructed of brick, brick and E.F.S. Stucco System, or decorative split-faced block. Building walls and roofs must have predominately earth-tone colors, with vivid colors limited to incidental accent. All building elevations shall share the same architectural finish. 10. Lighting: Light poles shall be of the same color and design, and shall have cut-off fixtures, which direct light onto the subject property. Light poles must be limited to a maximum height of 14 feet. Extensive use of backlit canopies and neon or fluorescent tube lighting on buildings, as determined by the Director of Planning, is not permitted. 11. Drainage: A drainage plan will be submitted to the Wichita Public Works and Utilities, Stormwater Engineer for review and approval. 12. Screening: Screening of all dumpsters, outside storage, and utilities, such as AC units, will be constructed of material to match and preferably be connected to the buildings they support. No dumpsters, outside storage and utilities, such as AC units, will be visible from street view. 13. No buildings shall exceed one (1) story in height with a maximum height of 25 feet. 14. No parking shall be allowed on either side of Coolidge Avenue in order to accommodate overflow queuing. 15. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use; the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII hereof, 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 character of the surrounding area is commercial along the West 21st Street North corridor and with significant commercial development at the arterial intersection of North Amidon and West 21st Street North residential to north and east of the subject property. Fire Station #7 is located on the north boundary of the subject property and is zoned LC, GO and SF-5. The Little Arkansas River is located along the east property line and has a 35-foot building setback that includes a flood control easement and a public utility easement. Property west of the subject site is zoned CUP DP-76 with LC zoning and includes the Dillon’s Grocery Store, service station, restaurants, beauty salon and tire store . Property to the south, across West 21st Street North, is zoned LC (CUP DP-3) and is developed with Twin Lakes Shopping Center and a bank at the southeast corner of North Woodrow Avenue and West 21st Street North and a bank at the southeast corner of North Woodrow Avenue and West 21st Street North. An established residential area abuts the commercial development on the south side of West 21st Street North. It is staff’s opinion that this use will not have significant impact to the neighborhood.

2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LC and could be redeveloped with permitted uses allowed in the LC zoning district. A carwash is allowed through approval of a Conditional Use in LC zoning district.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: There is no change to the base zoning districts on the subject site. Section III-D.6.f should minimize and mitigate potential negative impacts the car wash use may have on the site. No parking shall be allowed on either side of Coolidge Avenue in order to accommodate overflow queuing

4. Length of time the subject property has remained vacant as zoned: two of the four buildings on this parcel have operating businesses. Leases for these businesses were not renewed in advance of the sale of the property.

Metropolitan Area Planning Commission Page 4 CON2021-00015

5. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: An independent traffic study has been completed for this location and submitted to Wichita Fire Department, and the Department of Public Works and Utilities – Traffic Engineering. With the conditions recommended for approval of the Conditional Use for the automated carwash, both departments find that traffic and safety at the intersections of West 21st Street North at North Coolidge Avenue and Woodrow Avenue will be sufficiently managed to ensure adequate a. There are sidewalks on both sides of West 21st Street with a traffic/pedestrian signal at the intersection of North Woodrow Avenue and West 21st Street. North Coolidge Avenue, located along the west boundary of the subject site, is a paved, local street with a 60-foot right-of- way and sidewalks on both sides.

6. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as appropriate for “Commercial.” This designation allows for a wide range of commercial intensities as would be found in a large urban municipality. Locational guidelines for commercial development state: “small, neighborhood-serving retail and offices uses and high-density residential uses not located at arterial intersections should be limited to the intersection of an arterial and a collector street.” The Zoning Administration has made an interpretation that automatic carwashes do not meet the definition of neighborhood-serving retail.

7. Impact of the proposed development on community facilities: Negative impacts are not anticipated as they pertain to water and sewerage capacity. Negative impacts are not anticipated to traffic flow and pedestrian safety at the proposed location.

Attachments: 1. Supplemental Use Regulations, Section III-D.6.f 2. Aerial Map 3. 350-foot Buffer 4. Zoning Map 5. Land Use Map 6. Site Plan 7. Elevation Perspective 8. Traffic Study 9. Site Photos

Metropolitan Area Planning Commission Page 5 CON2021-00015 SUPPLEMENTAL USE REGULATIONS, SECTION III-D.6.f

f. Car Wash. The following standards shall apply to Car Wash facilities in all zoning Districts, whether the Car Wash facilities are Principal Uses or Accessory Uses:

(1) Conditional Use when near residential zoning. Although listed as permitted Uses in some zoning Districts, Car Washes shall always be considered Conditional Uses and subject to Sec. V-D (Conditional Use review procedures) when located within 200 feet of residential zoning Districts. This distance shall be measured from the nearest Lot Line of a zoning Lot with residential zoning to the nearest Lot Line of the zoning Lot containing the Car Wash.

(2) Setbacks from major Streets. All Buildings shall be set back at least 35 feet from all arterials, expressways or freeways.

(4) Setbacks from residential. All Structures shall be set back at least 60 feet (excluding any Street, Alley or intervening public way) from the Lot Line of any Lot located within a residential zoning District. This Setback shall not apply where the Abutting property is being used for a nonresidential Use permitted by- right in the Underlying District or where the Governing Body has formally adopted a policy of looking with favor on the establishment of LC or higher intensity zoning for the Contiguous area.

(7) Lighting. The lighting shall be in compliance with the lighting requirements of Sec. IV-B.4. No string- type lighting shall be permitted.

(8) Signs. Signs are limited to those permitted in the Underlying District.

(9) Noise. The noise levels shall be in compliance with the noise standards of Sec. IV-C.6

(11) Parking. All Parking Areas shall have adequate guards to prevent the extension or overhanging of Vehicles beyond property lines or Parking Spaces.

Metropolitan Area Planning Commission Page 6 CON2021-00015

(13) Drainage. All drainage, both natural and that created by the operation, shall be handled in a manner satisfactory to the Department of Public Works.

(14) Maintenance. The area shall be properly policed through inspections by the owner or operator for proper maintenance and removal of trash.

Metropolitan Area Planning Commission Page 7 CON2021-00015

Aerial Map

Metropolitan Area Planning Commission Page 8 CON2021-00015 350-foot Notification Area

Metropolitan Area Planning Commission Page 9 CON2021-00015 Zoning Map

Metropolitan Area Planning Commission Page 10 CON2021-00015

Metropolitan Area Planning Commission Page 11 CON2021-00015

Site Plan

Metropolitan Area Planning Commission Page 12 CON2021-00015 Elevation Perspective

Metropolitan Area Planning Commission Page 13 CON2021-00015

Metropolitan Area Planning Commission Page 14 CON2021-00015 Begin forwarded message:

From: andrew mcmillin Date: May 25, 2021 at 2:22:34 PM CDT To: Planning Subject: REJECT Club Car Wash Proposed Location at 21st & Amidon

Dear Planning Commission,

I write to express my concerns for the proposed Club Car Wash conditional use permit that will be proposed on June 3 MAPC meeting for the area near 21st & Amidon.

The City has directed much attention to redeveloping the river corridor in Downtown Wichita, which lies down river from this proposed car wash. The Arkansas River already has a terrible reputation for it's odor, it's Yangtze color, and it's seemingly limitless trash and debris. Please don't add more insult to injury by allowing a corporation to build a chemically and water dependent business this close to the Arkansas River, which belongs to all of us Wichitans. This isn't a good use of the property, doesn't create jobs of any significance, and sets a terrible precedence for how Wichita values it's river, values access to "clean" water, and what we're willing to do, or not do, to protect our Arkansas River from over-development, misuse, and pollution.

I do not think it is good policy to put a car wash that close to the river due to potential chemical run off and potential for contamination which would result in significant damage and further degradation to the environment and wildlife within and around the river.

I urge the planning committee to reject Club Car Wash's proposal to put this at the current location of Taco's Raymundo and Penny's Caravan based on the above.

Further, it is disappointing to see 3 locally owned family businesses have to relocate, consolidate, or shut down due to an out-of-state car wash chain, but, of course, there are always limits to what the government can do, especially when private property and profit are concerned.

However, please don't let our river further degrade by allowing this car wash to be constructed so close to what should be our precious waterway. It would be a disgrace to us all that call this city our home.

Finally, land is plentiful here in Wichita; there has to be another suitable location in the area for a chain car-wash to build and profit.

Thank you,

Andrew McMillin Wichita Resident 316-305-9060 (m)

Dr. Brian A. Coon, PhD, JD, PE, PTOE, ACTAR 2440 N. Coolidge Ave. Wichita, Kansas 67204 (402) 770-3569

May 19, 2021

Mr. Eric Kircher, P.E. Cochran Engineering 8 East Main Street Wentzville, Missouri 63385

RE: Traffic Impact Analysis Proposed Club Car Wash – 21st and Coolidge Wichita, Kansas

Dear Mr. Kircher:

You have asked for a traffic impact study for a proposed Club Car Wash at the northeast corner of W. 21st St. N. and N. Coolidge Ave. in Wichita, Kansas. Your specific question answered by this report is: what is the proposed Club Car Wash use and development effect on: (1) traffic access for the fire station, (2) traffic flow along Coolidge, and (3) traffic on 21st Street?

The area of the study is shown in Figure 1.

Fire Station Coolidge Amidon Club Car Wash 21st St.

Woodrow

Figure 1. Area of Study. 1. CAR WASH SITE CONFIGURATION AND ZONING

Club Car Wash would acquire ownership of the land shown in Figure 2, remove all four existing structures, remove all three 21st Street access drives, remove the South access drive onto Coolidge. A new facility would then be constructed on the west part of the property, leaving the remaining East part of the property unused. Figure 3 shows the Club Car Wash development site plan for the part of the property that would be used (the “car wash site”). The current configuration of the intersections of Coolidge and Woodrow with 21st Street as shown in Figure 1 has existed for decades and prior to 2002. The car wash site has been zoned Limited Commercial (LC) (or its predecessor) since 1953. LC zoning allows by right (without further use approval) the current and historic uses of the property – including fast food restaurants and other drive-through businesses, and LC zoning also allows by right a convenience store, a service station, and some vehicle repair.

Figure 2. 21st and Coolidge, Current Configuration.

Figure 3. Club Car Wash Site Plan.

2. CURRENT/HISTORIC/PERMITTED USE - TRAFFIC ANALYSIS

Prior to 2002, the fire station shown in Figure 1 did not exist. In 2002, a conditional use permit was approved by MAPC for Fire Station 7 to relocate to its current site directly North of the car wash site (MAPC Case CON2002-00008). As part of that City approval to add a new fire station use near to this intersection, the City did not identify a concern with (a) the fire station use of this intersection configuration, (2) the potential traffic of the range of permitted uses on the car wash site zoned LC, or (3) the predicted future 2030 volumes of 23,250 vehicles per day on 21st Street, up from 2002 volumes of 21,500 vehicles per day. By 2016, 21st Street traffic volumes had decreased to 19,768, and today range around 19,690 vehicles per day. a. CURRENT USES

The current (or historic, as to vacant buildings) property uses are shown in Figure 2. Those uses are: 1. Vacant Commercial Space (strip store center) 2,688 ft2 2. Penny’s Caravan (tavern or drinking establishment) ~2,000 ft2 3. Vacant Bank (branch bank with drive-up facility) 1,856 ft2 4. Raymundo’s Restaurant (full-service restaurant) 1,040 ft2

Penny’s Caravan

Raymundo’s

Figure 2. Current Property Uses.

i. VACANT RETAIL STRIP CENTER

The vacant retail strip center has been used as a hair salon and other retail purposes. Currently, there is retail space on the east portion of the building.

Figure 3. Coolidge Village. The usage for the hair salon is an ITE 918 Hair Salon, with approximately 1.5 trips per the 1,000 ft2. The remaining 1,688 ft2 are retail space, for which the trip generation varies greatly. Based on location and surrounding use, the lowest generation rate for an 820 Shopping Center was used, 7.42 trips per 1,000 ft2. This yields a total of approximately 14 trips ends generated.

ii. PENNY’S CARAVAN

Penny’s Caravan is a 925 Drinking Place. The range for Drinking Places is significant, varying between 3.74 and 30.09 vehicle trip ends per 1,000 ft2. The median of 17 trips ends per 1,000 ft2 is the median value, generating 34 trip ends for the approximate 2,000 ft2 of Penny’s Caravan. Based on the capacity of the building, this value appears reasonable.

Figure 4. Penny’s Caravan (obscured sign).

Figure 5. Penny’s Caravan, View towards Northwest. 7

iii. DRIVE-IN BANK

A 912 Drive-In Bank provides banking facilities for motorists who conduct financial transactions from their vehicles and serves patrons who walk into the building. As the bank has been closed for many years, surrounding residents have likely forgotten the volume of business required for a bank branch to stay in operation. A 912 Drive-In Bank has an average daily trip generation of 100.03 per 1,000 ft2 with a range of 32.67 – 408.42. The weekday peak hour range for a 912 Drive-in Bank is 3.04 – 109.91 trips/hour which is also an extremely large range. The average of approximately 20 trips / 1,000 ft2 (37 trips total) will be used for analysis.

Figure 6. Drive-Through Branch Bank.

iv. RAYMUNDO’S (FULL-SERVICE RESTAURANT)

Raymundo Mexican Restaurant is a 932 High-Turnover (Sit-Down) Restaurant. With an average trip generation of 9.94 trips / 1,000 ft2 with a range of 0.76 – 102.39 trips, the 932 High- Turnover (Sit-Down) Restaurant has great variation in its trip generations. However, the average appears to be in the correct range for they number of vehicles typically present at the restaurant, for 10 trip generations per hour.

Figure 7. Raymundo Mexican Restaurant.

b. TRAFFIC GENERATION OF CURRENT/HISTORIC USE

ITE predicts peak traffic volumes of 95 trips/hour for the existing land uses: 1. Vacant Commercial Space (when used for strip store center) 14 trips 2. Penny’s Caravan (tavern or drinking establishment) 34 trips 3. Vacant Bank (when used for branch bank with drive-up) 37 trips 4. Raymundo’s Restaurant (full-service restaurant) 10 trips But this 95 ITE prediction is on the low end of the range of reasonable predictions for two reasons: (1) The above specific trip numbers for existing/prior uses are my conservative estimate since the site for some time has not operated at full commercial business capacity. If the property owner fully leased or sold all four existing commercial buildings for current or historic uses (fast-food restaurant with a drive-through, banking drive-through, tavern, personal services, and other retail), and those businesses operated full time successful businesses, that would generate more traffic and the ITE trip count for current/historic uses would be 9

higher than 95. For example, a 2,000-ft2 934 Fast Food Restaurant alone would generate 134 peak trips/hr. (2) The site’s LC zoning allows other uses to occur that would generate more traffic and have an ITE trip count higher than 95.

I understand the City might be obtaining its own traffic counts of existing traffic. Those counts or a level-of-service analysis might be interesting, but will be unnecessary and should not be compared to the Club Car Wash trips because as discussed above and below, the LC-zoned allowed uses currently and historically made of the site when the site is operated at full capacity, plus new uses, generate more traffic than Club Car Wash. c. TRAFFIC GENERATION OF OTHER USES PERMITTED BY LC ZONING

If the property is transferred to a new owner other than Club Car Wash, instead of fully leasing the site for existing/historic uses as discussed above, the new owner might redevelop the property for a different use permitted under LC zoning. Two property-use changes that are likely to occur and allowed by right in LC zoning are a convenience store or a vehicle service station. ITE predicts 762 trips/day per 1,000 ft2 GFA for a Convenience Market, which results in a 2,000- ft2 851 Convenience Market would generate 125 peak trips/hr. Plus, convenience store traffic could be in addition to traffic generated from another on-site use since the site could accommodate more than one business.

3. TRAFFIC GENERATION OF PROPOSED CLUB CAR WASH USE

The proposed development will be a 948 Automated Car Wash. A 948 Automated Car Wash has an average 11.66 trips / 1,000 ft2 with a range of 8.35 – 16.63 trips. Club Car Wash (CCW) has approximately 5,583 ft2. The ITE prediction for a 948 Automated Car Wash is 78 trip generations per hour. In contrast, a CCW operating in the Wichita area generates 50 peak trips per hour. CCW provided the actual trip counts for their locations in the Wichita market as shown in the below table comparing CCW to ITE:

Peak Hour Source Volume ITE 948 Car Wash 78 Wichita Area CCW - 2401 N Rock Road Derby KS 67037 (April 2021) 28 Wichita Area CCW - 2171 N 127th St Wichita KS 67228 (April 2021) 35 Wichita Area CCW - 4826 S Broadway Wichita KS 67216 (April 2021) 42

It is noted that the ITE manual can significantly overestimate trip generation. This is primarily due to the sites that have been extensively studied were sites of considerable concern. Additionally, trip generation data is often considered confidential business information, as it can be valuable to competing businesses, so, we are fortunate for CCW to share its actual Wichita-area trip data. Using either ITE data or Club Car Wash data, the proposed car wash will generate fewer trips than the existing strip center and other properties if they were fully occupied and in good condition. Accordingly, the proposed car wash use generates fewer trips than the site’s current/historic uses, and fewer trips than other uses allowed under the existing LC zoning. Because the traffic volumes of the proposed Club Car Wash will be less than the traffic volumes for the existing land uses allowed as a matter of right, analysis of turning movements and volumes is not required. It is also notable that the development of the Club Car Wash without any other improvements remaining on the property eliminates any other use traffic burdens from additional commercial uses.

4. QUEUE DEVELOPMENT AND TRAFFIC SAFETY a. CAR WASH CUSTOMER VEHICLE QUEUE

The entrance and the exit to the car wash will be located at the North end of the car wash site off Coolidge Ave. Car wash customer traffic backing up onto Coolidge should never or rarely happen based on the site size, design, and duration each vehicle is on site before exiting (see Figure 3), plus the Club Car Wash estimate traffic volume. It is preferable to access the Club Car Wash from Coolidge Avenue, as shown in Figure 3. Onsite queuing provides capacity for 26 vehicles. Queue development onto similar streets has not been a problem at other Club Car Washes. Situated on 1.29 acres, this will be one of the larger sites for Club Car Wash, providing more on-site vehicle stacking and queue area to keep vehicles on Coolidge or 21st Street while waiting. 11

Because of the car wash site design’s driveway placement, even if traffic were backed onto Coolidge significantly, it does not block fire access, and already today the same risk exists of vehicle traffic in the Northbound lanes of Coolidge when accessing or leaving the property. As shown in Figure 11, the Fire Department will still be able to access 21st Street. Fire apparatuses can use their current method of taking southbound Coolidge to the westbound lanes of 21st Street to go east into the signal at Woodrow and 21st, then into the eastbound lanes. Wichita Fire has used this method for years. The only time Fire would be affected would be upon returning to the fire station, not when departing to a call. -

Case Queue Imaginary Worst

Case Queue - Imaginary Worst

Figure 11. “Imaginary” Worst Case Queue.

b. EXISTING TRAFFIC QUEUING ON 21ST STREET

Currently, because of the existing lane and intersection configurations, Eastbound traffic on 21st St routinely blocks fire access to Eastbound 21st St, requiring fire to enter Westbound lanes going Eastbound, as shown in Figure 12. Fire can use preemption at the intersection but has found it does not have significant benefit. This blockage risk is not increased by the car wash site.

Eastbound Vehicle Queue

Figure 12. Existing 21st Street Traffic Queues Requiring Fire to Drive Against Traffic. Queue development by the car wash will not adversely affect either 21st Street or Amidon. This is due to the unusually long distances between Coolidge Avenue and the closest streets of Amidon Avenue and Somerset Street. As shown in Figure 8, there is approximately 1,140' available for westbound vehicles to turn onto Coolidge without blocking any traffic. With two westbound lanes, there is storage capacity for 57 vehicles, or a more than a full hour’s worth of capacity of the car wash. Accordingly, the queue westbound traffic can be determined to not to be of concern. 13

Coolidge Somerset Amidon Club Car Wash 1,140' 840' 21st St.

360'

Figure 8. Turning Vehicle Storage. Eastbound traffic has queuing available to Amidon of 840', or 42 vehicles. There is a turn bay for eastbound traffic to turn into Dillion’s; without blocking this turn bay, a minimum of 18 vehicles can still be stored on 21st Street with the south through lane clear. Accordingly, because of the long distances with sufficient storage, there are no queuing concerns compared to the allowed and existing uses. c. BENEFITS OF CLOSING ALL THREE APPROACH DRIVES ONTO 21ST STREET

Closing the three approaches to N. 21st Street. The car wash site will remove all three existing approach drives onto 21st Street (See Figure 3). In contrast, if the site continues to be used for its current/historic uses or is redeveloped for a use different than a car wash, these three existing access points would remain in place. The car wash site’s removal of all three approaches will provide multiple benefits, most importantly it will eliminate westbound traffic exiting the parcel which would conflict with Fire Department access as fire apparatuses are driven eastbound in the westbound lanes prior to the Woodrow signal. Additionally, it combines four approaches, two of which are prior to the traffic signal, into one existing City street. This will reduce rear-end impacts due to turning, as well.

Figure 9. Fire Department Conflict Points with Vehicles Exiting Site.

Eliminating MUTCD Non-Compliance. Vehicles exiting the existing eastern-most approach to go south do not have a traffic signal with which to cross 21st Street. This is a violation of the Manual on Uniform Traffic Control Devices (MUTCD), as essentially an approach into the intersection, there is no traffic signal visible to control southbound vehicles. If the approaches were to remain, the City—at its cost—should add traffic signals and a mast arm to safely allow traffic to cross 21st. Improved Access for Fire Apparatuses. Vehicles can currently exit the property southbound through the signal towards Woodrow. This is an unsafe condition for Fire Apparatuses, as if the signal preemption is used, all vehicles would have red indications except for vehicles attempting to access Woodrow from the center approach. The existing preemption at the Fire Station allows a button to be pressed in the Station to turn the Woodrow and 21st traffic signal red in all directions to allow better fire apparatus access to the intersection. Specific Hazards for Fire Access are Mitigated. The three approaches onto 21st require drivers to look to the left for westbound traffic. However, the Fire Department uses westbound lanes to go east. Drivers are often not aware or are inattentive and fail to look the “wrong way” for a fire apparatus accessing eastbound 21st Street through the westbound lanes, as is commonly done. Removing the approaches removes three conflict points, making Fire Department access much safer. Potential Crashes on 21st Street are Mitigated. The removal of the three approaches also reduces the potential for crashes on 21st Street, primarily due to rear-end crashes cause by vehicles turning into the existing site. This not only reduces the chances of crashes for the 15

motoring public, but those crashes would be in the area the Fire Department needs to traverse to access eastbound 21st Street. Additionally, improved traffic safety reduces the number of calls the Fire Department would have responding to a crash in that location.

5. CONCLUSIONS

What is the proposed Club Car Wash use and development effect on: (1) traffic access for the fire station, (2) traffic flow along Coolidge, and (3) traffic on 21st Street? My professional conclusion is that the use and development: • Will generate less traffic (50 peak volume trips/hour) than the current traffic volumes of existing ITE Land Uses (95 peak volume trips/hour). • Will generate less traffic than if the property is fully used for its existing and historic ITE Land Uses, which could include renovating existing buildings, and fast-food drive- through restaurants (a fast-food restaurant has an ITE of 134 peak volume trips/hour). • Will generate less traffic than if the property is used as a convenience store, vehicle service station, or many other uses allowed by the property’s current LC Zoning (a convenience store has an ITE of 125 peak volume trips/hour). • Will generate less traffic than the uses allowed by right when the City decided that Fire Station #7 could be relocated to its current location. Further, the City’s 2002 approval to relocate the fire station was made with the existing 21st, Coolidge and Woodrow traffic signalization and configurations already in place. • Will not increase Coolidge traffic conflicts with Fire Apparatuses. • Will improve 21st Street safety, and Fire access -- queuing and traffic conflicts with Fire Apparatuses, reduce accidents, and eliminate a current MUTCD violation, all because of eliminating all three car wash site approaches to 21st Street. Fire Department access will not be reduced, and conflict points will be removed making access for fire apparatuses safer. Frankly, the alternatives to the car wash use will likely have higher traffic volume, be less desirable to the fire station, and not improve 21st Street safety. To provide full disclosure, I live seven houses north of the fire station on Coolidge. I want to assure you that my opinions are not biased and that, given that I would be directly and personally affected by the development, I believe it will be a significant improvement in every aspect.

Please do not hesitate to contact me if you have any questions regarding this matter. I can be reached at (402) 770-3569 or at [email protected].

Very truly yours,

Brian A. Coon, PhD, JD, PE, PTOE, ACTAR, ACTCP Professional Traffic Operations Engineer

AGENDA ITEM: 5.1____ WICHITA-SEDGWICK COUNTY METROPOLITAN AREA PLANNING DEPARTMENT

DATE: June 3, 2021

TO: Wichita-Sedgwick County Metropolitan Area Planning Commission

FROM: Matthew Williams, Associate Planner

RE: DER 2021-00003: THE CITY OF DERBY SEEKS UNILATERAL ANNEXATION OF TRACTS OF LAND ON THE SOUTH SIDE OF EAST 79TH STREET SOUTH AND WITHIN ONE-HALF MILE WEST OF SOUTH WEBB ROAD. – Resolution No. 02-2021.

Background: On April 13, 2021, the City of Derby passed Resolution No. 02-2021 authorizing a public hearing on June 22, 2021 for the purpose of considering the unilateral annexation of properties on the south side of East 79th Street South and within one-half mile west of South Webb Road, eligible for annexation under KSA 12-520(a) and situated immediately adjacent to the City of Derby.

Prior to unilaterally annexing property, Kansas statutes require that a plan be prepared indicating the means by which city services will be extended to the area proposed for annexation. The City of Derby has submitted to the MAPD, a copy of the service plan that describes the extension of services to the annexation area.

Analysis: Kansas statutes governing unilateral annexations provide for official notification to certain local officials, including planning commissions having jurisdiction in the area. Additionally, Kansas statutes require that the planning commission review the proposal and make a finding of compatibility or incompatibility with any adopted land use or comprehensive plans related to the area and the annexing city.

After review by staff, it has been determined that all tracts proposed for unilateral annexation fall within the City of Derby 2035 Urban Growth Area as designated in the Community Investments Plan 2015-2035, adopted by the MAPC on November 19, 2015. All annexation properties fall within Derby’s Future Land Use Map as identified in the City of Derby Comprehensive Plan.

Recommended Action: That the Metropolitan Area Planning Commission pass a motion finding the unilateral annexation proposed by the City of Derby Resolution No. 02-2021 to be consistent with the adopted Wichita-Sedgwick County Comprehensive Plan.

Attachments: Annexation Area Map Resolution No. 02-2021 Service Extension Report 2035 Urban Growth Areas Map

(Published in The Derby Informer April 21, 2021)

Resolution No.02-2021

A RESOLUTION SETTING FORTH THE INTENTION OF THE CITY OF DERBY, KANSAS, TO CONSIDER ANNEXATION OF CERTAIN LANDS, ALL PURSUANT TO K.S.A. 12-519 ET SEQ.

WHEREAS, the City of Derby, Kansas (the “City”), seeks to plan for incorporation of certain unincorporated lands into the City and for extension of municipal services to such lands; and

WHEREAS, K.S.A. 12-519 et seq. provides a process by which unincorporated areas may be annexed;

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF DERBY, KANSAS:

SECTION 1. A public hearing shall be conducted to consider annexation and incorporation of certain lands, hereinafter described, into the City of Derby, Kansas. Such public hearing shall be held in the Council Room at City Hall, 611 N. Mulberry, Derby, Kansas 67037, and shall commence at 6:30 p.m., Tuesday, June 22, 2021.

SECTION 2. The Governing Body finds and determines that the place designated for such hearing is the most convenient place reasonably available to accommodate all persons who may be interested in the proposed annexation, and that adequate facilities for the conduct of such hearing are not available within the lands to be considered for annexation. The Governing Body further finds and determines that the time and date of the hearing, being a regular meeting date for the City Council, is most convenient for the greatest number of interested persons.

SECTION 3. At such public hearing, the Governing Body will consider annexation of the following described lands:

The West 90 feet of the North 484 feet of the Northwest Quarter of the Northeast Quarter, EXCEPT the North 40 feet for road, of Section 8, Township 29 South, Range 2 East of the Sixth Principal Meridian, Sedgwick County, Kansas;

AND,

The West 180 feet of the NW1/4 of the NE1/4 of Section 8, Township 29 South, Range 2 East of the Sixth Principal Meridian, Sedgwick County, Kansas, EXCEPT the North 484 feet of the West 90 feet thereof;

AND,

A tract in the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the 6th P.M., in Sedgwick County, Kansas described as follows: Commencing at the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence East along the North line of said Northwest Quarter of the Northeast Quarter, 758 feet; thence with an angle to the right of 90º25’, a distance of 493.76 feet for place of beginning; thence continuing South on last described line, 827.65 feet more or less to the South line of said Northwest Quarter of the Northeast Quarter; thence West along said South line, 585.83 feet more or less to a point 180 feet East of the Southwest corner of said Northwest Quarter of the Northeast Quarter; thence North parallel with the West line of said Northwest Quarter of the Northeast Quarter, 1320.4 feet more or less to the North line of said Northwest Quarter of the Northeast Quarter; thence East along said North line 203 feet; thence South parallel with said West line 484 feet; thence East parallel with said North line 279 feet; thence South parallel with said West line 9.76 feet; thence East parallel with said North line 98.65 feet more or less to the place of beginning, except that part lying East of a line beginning at a point 758 feet East of said Northwest corner of the Northwest Quarter of the Northeast Quarter and extending thence South to a point lying East of the Southwest corner of said Northwest Quarter of said Northeast Quarter of said Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, being the West line of a 33 foot wide roadway as conveyed in Deed Book 766, Page 571;

AND,

The East 90 feet of the West 482 feet of the North 484 feet of the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4) of Section Eight (8), Township Twenty-nine (29) South, Range Two (2) East of the 6th P.M., Sedgwick County, Kansas, Subject to road easement on the North 40 feet AND The East 9 feet of the West 392 feet of the North 484 feet of the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4) of Section Eight (8), Township Twenty-Nine (29) South, Range Two (2) East, of the 6th P.M., Sedgwick County, Kansas ALSO DESCRIBED as the East 99 feet of the West 482 feet of the North 484 feet of the Northwest Quarter (NW/4) of the Northeast Quarter (NE/4) of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas;

AND,

The East 180 feet of the West 662 feet of the North 484 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas;

AND,

Beginning 758 feet East of the Northwest corner of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, thence with an angle to the right of 90º25’ a distance of 493.76 feet, thence West 98.65 feet more or less to a point 662 feet East of the West line

of said Northwest Quarter of the Northeast Quarter, thence North 493.76 feet, thence East 96 feet to beginning;

AND,

A tract in the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, described as beginning at the Northeast corner thereof; thence West 523.57 feet, more or less, to a point 791 feet East of the Northwest corner of said Northwest Quarter of the Northeast Quarter; thence with an angle to the left of 89º35’, a distance of 1321.47 feet, more or less, to the South line of said Northwest Quarter of the Northeast Quarter; thence East along said South line, 518.9 feet, more or less, to the Southeast corner of said Northwest Quarter of the Northeast Quarter; thence North 1323.38 feet, more or less, to the beginning, EXCEPT therefrom the following: Beginning at the Northeast corner of said Northwest Quarter of the Northeast Quarter; thence West 505 feet; thence, with an angle to the left of 89º35’, a distance of 475.6 feet; thence East parallel with the North line of said Northwest Quarter of the Northeast Quarter, 503.8 feet, more or less, to the East line of said Northwest Quarter of the Northeast Quarter; thence North 475.6 feet to the beginning;

AND,

Tract beginning 505 feet West of the Northeast corner of the NW/4 of NE/4 of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas; thence with an angle to the left of 89º35’, 475.60 feet; thence East 102.5 feet; thence North 475.60 feet; thence West 105 feet to the point of beginning;

AND,

Beginning 300 feet West of the Northeast Corner of the Northwest Quarter of the Northeast Quarter; thence South 475.6 feet, thence West 100 feet, thence North 475.6 feet, thence East 100 feet to place of beginning, all in Section 8, Township 29 South, Range 2 East of the 6th P.M., in Sedgwick County, Kansas;

AND,

All that certain parcel of land in Sedgwick County, Kansas being known and designated as the West 100 feet of the East 300 feet of the North 475.6 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the Sixth Principal Meridian, Sedgwick County, Kansas, EXCEPT for the North 40 feet thereof for road;

AND,

The East 200 feet of the North 475.6 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, except the North 40 feet for road 3

CITY OF DERBY, KANSAS

SERVICE EXTENSION PLAN FOR PROPOSED ANNEXATION

EAST MADISON PROPERTIES

Area generally located south of East Madison Rd./79th St. South 1/2 mile east of the intersection of Rock Rd. and Madison Ave. (E. 79th St. South)

April 2021

Contents I. Introduction ...... 1 II. Description of Proposed Annexation Area ...... 2 III. Location of Proposed Annexation Area ...... 6 IV. Land Use and Zoning ...... 8 A. Land Use ...... 8 B. Zoning...... 8 V. Extension of Major Municipal Services ...... 10 A. Public Streets ...... 10 B. Water ...... 12 C. Sanitary Sewer ...... 14 D. Flood Protection and Stormwater Management ...... 18 E. Fire Protection and Medical First Response ...... 20 F. Police Protection ...... 22 G. Parks ...... 24 H. Trash and Recycling Services...... 26 I. Library ...... 27 J. Code Enforcement and Building Trades...... 29 VI. Ad Valorem Taxes ...... 30 VII. Timetable for Services ...... 34

List of Tables Table 1: Properties Proposed to be Annexed ...... 6 Table 2: Address Changes ...... 10 Table 3: Sanitary Sewer Extension Estimate ...... 17 Table 4: Total Appraised Values and Assessed Valuations ...... 30 Table 5: Sample Tax Scenario #1 ...... 31 Table 6: Sample Tax Scenario #2 ...... 32 Table 7: Sample Tax Scenario #3 ...... 33 Table 8: Timing and Financing of Services ...... 34

List of Maps Map 1: Vicinity Map ...... 7 Map 2: Land Use ...... 9 Map 3: Existing Water System ...... 13 Map 4: Existing Sanitary Sewer System Layout ...... 15 Map 5: Future Sanitary Sewer System Layout ...... 16 Map 6: FEMA Flood Insurance Rate Map ...... 19 Map 7: Derby Fire Stations...... 21 Map 8: Derby Police Beats ...... 23 Map 9: Park Locations ...... 25 Map 10: Public Library ...... 28

I. Introduction

The City of Derby is proposing to annex properties by unilateral annexation pursuant to its authority under Kansas Statutes Annotated (K.S.A.) 12-519 et. seq. The land identified in this report is contiguous with the municipal boundary of the City of Derby and is eligible for annexation pursuant to K.S.A 12- 520a6 as each of the tracts have a minimum of one boundary that is contiguous with the existing corporate boundaries of Derby and are under 21 acres in size.

The subject properties consist of 11 tracts of land located south of Madison Ave./79th St. South and east of the existing corporate boundary of properties within the Springcreek Addition.

Rockford Township currently does not provide any services to the subject properties. The City currently provides street maintenance and has provided emergency response services through mutual aid agreements to the properties. Sanitary sewer service is provided to two of the properties. In other instances, the proposed annexation area already benefits from services provided by the City of Derby. Annexation is advisable to provide for equitable sharing of the costs for major municipal services and to create a uniform pattern of growth. Furthermore, the proposed annexation area is within the City’s growth area as identified in the City of Derby’s Comprehensive Plan, as well as the 2035 Urban Growth Areas Map adopted by Sedgwick County.

The following sections detail the description and location of the proposed annexation area, current land use and zoning, the City’s proposals to extend municipal services to the properties, alterations to property taxes, and a general timetable for services.

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East Madison Properties Service Extension Plan 1 II. Description of Proposed Annexation Area

The area proposed to be annexed is described as:

AND,

East Madison Properties Service Extension Plan 2 AND,

The East 180 feet of the West 662 feet of the North 484 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas;

AND,

East Madison Properties Service Extension Plan 3 All that certain parcel of land in Sedgwick County, Kansas being known and designated as the West 100 feet of the East 300 feet of the North 475.6 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 29 South, Range 2 East of the Sixth Principal Meridian, Sedgwick County, Kansas, EXCEPT for the North 40 feet thereof for road;

AND,

The proposed annexation area consists of 11 unplatted tracts of land ranging in size from one acre to just over 13 acres. Table 1 lists the addresses (if assigned), property owners, legal descriptions, and acreage of the 11 tracts proposed to be annexed. There is no platted land within the proposed annexation area.

The Madison Ave. road right-of-way immediately adjacent to the subject tracts was previously annexed in 2007. All of the properties take access from Madison Ave./79th St. South and immediately abut the right-of-way, with the north properties lines contiguous with the right-of-way.

Table 1: Properties Proposed to be Annexed

Tract Size Tract Address Owner(s) Legal Description (Acres)

GILES MICHAEL A & W 90 FT N 484 FT NW1/4 NE1/4 EXC N 1 8729 E 79th ST S 1.019 BAILEY 40 FT FOR RD. SEC 8-29-2E MICHAEL R

GILES MICHAEL A & W 180 FT NW1/4 NE1/4 EXC N 484 FT 2 4.381 BAILEY W 90 FT THEREOF SEC 8-29-2E MICHAEL R

BEG 758 FT E & 493.76 FT S NW COR GONZALEZ NE1/4 S 827.65 FT W 585.83 FT N 3 9001 E 79TH ST S 13.145 STEVEN R & 1320.4 FT E 203 FT S 484 FT E 279 FT S CHARLENE K 9.76 FT E 98.65 FT TO BEG SEC 8-29-2E

E 99 FT W 482 FT N 484 FT NW1/4 4 9005 E 79TH ST S MORROW 1.009 JEFFREY NE1/4 SEC 8-29-2E E 180 FT W 662 FT N 484 FT NW1/4 5 8917 E 79TH ST S SHIBLOM 1.834 JAMES J NE1/4 EXC N 40 FT FOR ST. SEC 8-29-2E

East Madison Properties Service Extension Plan 4 Tract Size Tract Address Owner(s) Legal Description (Acres)

WILLIS BEG 758 FT E NW COR NW1/4 NE1/4 S 6 9015 E 79TH ST S CLAUDIA A & 493.76 FT W 98.65 FT N 493.76 FT E 96 1.014 LOVETT FT TO BEG. SEC 8-29-2E MARIA C. BEG NE COR NW 1/4 NE 1/4 W 523.57 FT S 1321.47 FT E 518.9 FT TO SE COR 7 9019 E 79TH ST S JOHNSON NW 1/4 NE 1/4 N 1323.38 FT TO BEG. 10.444 SAM A EXC E 505 FT OF N 475.6 FT SEC 8-29- 2E

BEG 505 FT W NE COR NW1/4 NE1/4 S 8 9025 E 79TH ST S LARSEN 475.6 FT E 102.5 FT N 475.6 FT W TO 1.037 NICOLE L BEG EXC N 40 FT FOR RD. SEC 8-29-2E

BEG 300 FT W NE COR NW1/4 NE1/4 S 9 JONES JASON 475.6 FT W 100 FT N 475.6 FT E TO 1.000 M & LAURA K BEG SEC 8-29-2E

W 100 FT E 300 FT N 475.6 FT NW1/4 10 9029 E 79TH ST S JONES JASON 1.000 M & LAURA K NE1/4 EXC RD ON N SEC 8-29-2E TREASE FAMILY TRUST E 200 FT N 475.6 FT NW1/4 NE1/4 SEC 11 9121 E 79TH ST S 2.000 RICHARD LEE 8-29-2E TREASE, JR. CARMEN TREASE

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East Madison Properties Service Extension Plan 5 III. Location of Proposed Annexation Area

The proposed annexation area is generally located south of Madison Ave. (E. 79th Street South), approximately 1/2 mile east of the intersection of Rock Rd. and Madison Ave. (E. 79th Street South).

Map 1 illustrates the general location of the proposed annexation area and the relationship to the existing corporate boundary of the City of Derby.

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East Madison Properties Service Extension Plan 6 Sommerhauser Cir Bel Arbor Ct

Som m erhauser St Timberleaf Cir Scale: 1" = 400'

Klein St Timberleaf Ct

Klein C ir BelR ueSt

TimberleafDr Madison Ave BelArbor St

4 6 9 11 1 5 8 10

Meadowbrook St WillowcreekSt 2 3 7

ValleyStream Dr Valley Stream Ct

WalnutCreek Dr

Brookstone St BrookstoneSt

Country View Dr Legend Derby City Limits Proposed Annexation Area

Map 1 - Vicinity Map East Madison Properties Service Extension Plan 7 IV. Land Use and Zoning

A. Land Use

Two of the 11 tracts are classified as agricultural uses, with the remaining nine tracts classified as single- family residentials uses. The subject properties range in size from one acre to 13.15 acres. Properties to the north and west within the corporate limits of Derby are single-family and multiple-family residential. Properties to the east and south within unincorporated Sedgwick County are residential of a rural nature. The current land uses are visible on Map 2.

The estimated population of the area is approximately 23 people (9 residential tracts x 2.53 average persons per household).

B. Zoning

All tracts within the proposed annexation area are presently zoned RR “Rural Residential” in accordance with the Wichita-Sedgwick County Unified Zoning Code. The RR district permits single-family residential and agricultural uses by-right.

City of Derby zoning regulations provide that upon annexation into the City, tracts are assigned a City zoning designation of R-1 “Single-Family Residential” district. The R-1 district permits single-family residential uses by-right. Agricultural uses are allowed to continue on the properties until such uses cease, after which the properties must conform with the applicable standards of the R-1 district. The property owner, the Planning Commission or the City Council may also submit an application to initiate the process to rezone the property to another appropriate zoning district.

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East Madison Properties Service Extension Plan 8 East Madison Properties Service Extension Plan East Madison

SFR AG

Map 2 - Land Use - Land 2 Map AG SFR SFR SFR SFR SFR SFR SFR Zoning - Sedgwick County Sedgwick - Zoning Zone Derby of City -Zoning SFR = Single Family Residential Use Residential Family Single = SFR

AG - Agricultural Use - AG Agricultural SFR Legend RR Development Unit Planned Non-Residential "NR-PUD" Development Unit Planned "PUD" Industrial "M-1" Manufacturing Limited Warehousing, Commercial, Restricted "B-5" Shopping Central "B-4" Business General "B-3" District Business Buckner "B-2A" Business Neighborhood "B-2" Business Office "B-1" Institutional "I-1" Park Home Manufactured/Mobile "MH-1" du/acre) (25 - Residential Multi-Family "R-4" du/acre) (15 - Residential Multi-Family "R-3" Residential Two-Family "R-2" Residential Single-Family Suburban "R-1C" Residential Single-Family Low-Density "R-1B" Line Lot Single-Family/Zero "R-1A" Residential Single-Family "R-1" Proposed Annexation Area Annexation Proposed Limits City Derby Scale: 1" = 600' = 1" Scale: 9 V. Extension of Major Municipal Services

A. Public Streets

The tracts are immediately adjacent to Madison Ave./79th St. South. All of the subject tracts take access from Madison Ave. which is within the corporate limits of Derby, annexed in 2007.

Madison Ave. was upgraded from a two-lane rural standard asphalt road with open ditches on both sides to a three-lane urban standard road in 2017-2018. As part of this improvement project, the open ditches were removed and replaced by an enclosed stormwater sewer system. A pedestrian sidewalk and street lights along the south side of the right-of-way were also installed. New driveway approaches were constructed for each of the properties which had existing driveway approaches onto Madison Ave. The project was funded through the City’s Capital Improvement Program and from federal funds through the Wichita Area Metropolitan Planning Organization.

Madison Avenue is included in the City’s extensive street maintenance program, and will be periodically evaluated and given a numeric rating based on pavement condition. Streets are then selected each year to receive various pavement maintenance treatments or improvements based on their condition. Typical maintenance of city streets includes the following: crack sealing and repair, pavement sealing, patching, grading of unimproved streets, mill & overlay, partial or complete reconstruction, and street signage. If the properties are proposed to be subdivided in the future, property owners could petition the City for extension of local streets.

All lots proposed for annexation are currently addressed on the Sedgwick County grid system. In order to maintain an addressing system within the City that provides for simple recognition by the public and emergency responders, property addresses will be changed to reflect inclusion of the property into the City. Upon annexation, City staff will notify approximately 20 governmental entities and utilities of the address changes. Table 2 identifies the anticipated address changes.

Table 2: Address Changes

Tract Existing Address Proposed New Address 1 8729 79th Street South 2301 E Madison Ave. 2 Addressed Not Currently Assigned 2319 E Madison Ave. 3 9001 E. 79th Street South 2331 E Madison Ave. 4 9005 E. 79th Street South 2343 E Madison Ave. 5 8917 E. 79th Street South 2355 E Madison Ave. 6 9015 E. 79th Street South 2367 E Madison Ave. 7 9019 E. 79th Street South 2401 E Madison Ave. 8 9025 E. 79th Street South 2419 E Madison Ave. 9 Address Not Currently Assigned 2431 E Madison Ave. 10 9029 E. 79th Street South 2449 E Madison Ave.

East Madison Properties Service Extension Plan 10 Tract Existing Address Proposed New Address 11 9121 E. 79th Street South 2543 E Madison Ave.

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East Madison Properties Service Extension Plan 11 B. Water

The proposed annexation area is within the Sedgwick County Rural Water District #3 (RWD3) service area, and RWD3 service is currently available to the properties. Following annexation, the City proposes that RWD3 continue to provide water service to properties within the proposed annexation area. If city water service to the properties is requested, the City will coordinate provisions for extension of service with RWD3 as required by state statutes and established City policy.

The City of Derby’s water distribution system has been expanded to provide water service and fire protection to developments east of the subject area along 79th St. South. The system improvements include a 16-inch water main within the Madison Ave./79th St. South right-of-way. The water line is on the south side of the right-of-way immediately adjacent to the subject properties. Three fire hydrants are also within the subject area. Map 3 depicts a layout of the existing City of Derby water system.

The existing 16-inch water main was constructed in 2001 and extended in 2017 to serve adjacent developments within city limits. The subject properties were not assessed the costs of these improvements.

The cost of installation of the private service lines to connect to the municipal water distribution system will be the responsibility of the property owners. The current water connection fees, as of February 2021 are as follows:

• Water Service Connection Permit 1” Meter Set: $1,700 + $136 Tax = $1,836 Total • Water Service Inspection: $50 • Water Territory Transfer Fee: $625 • Estimated Total: $2,511

Applicable connection and service fees, as established by City resolution, are subject to change and may vary per property.

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East Madison Properties Service Extension Plan 12 Bel Arbor St Arbor Bel Timber Creek St

Wisteria Cir Wisteria Timber Creek St

ADDITION Beau Jardin St TIMBERLEAF 2ND Timber Creek St

Scale: 1" = 500'

Linden Ln Bel Arbor Ct Sommerhauser Cir SommerhauserTIMBERLEAF St ADDITION

Bel Arbor St Klein St Timberleaf Cir

MADISON GARDEN

Bel Rue St Rue Bel VILLAS ADDITION DERBY MEDICAL Timberleaf Ct CAMPUS ADDITION

Bel Arbor St

Klein Cir Timberleaf Dr Timberleaf

BEL ARBORESTATES

Madison Ave

Madison Ave Willowcreek St

Stonegate Cir Stonegate Walnut Creek Dr

Osage Rd Meadowbrook St Valley Stream Dr

SPRINGCREEK Valley Stream Ct Zachary4TH Dr ADDITION

Brookstone St SPRINGCREEK ADD. SPRINGCREEK 6THQuail ADDITIONHollow St

Brookstone St

SPRINGCREEK 2ND ADDITION

Country View Dr

Legend Existing City of Derby Water Dist. System Proposed Annexation Area Derby City Limits

Map 3 - Existing Water System Layout

East Madison Properties Service Extension Plan 13 C. Sanitary Sewer

The properties within the proposed annexation area lie within the area served by the City’s southeast sewer interceptor (see Map 4). This interceptor sewer is a 36-inch line and is generally located east and south of the subject properties. The existing interceptor sewer line has sufficient capacity to handle future wastewater flows from all properties within the proposed annexation area.

Two of the properties are currently connected to the City’s sanitary sewer system. The remaining properties within the proposed annexation area are currently served by private sanitary sewer systems. Following annexation and receipt of a valid petition, an 8-inch line with appropriate appurtenances may be extended to serve all of the subject properties, as depicted on Map 5.

The cost of installing required improvements will be assessed to the benefitting properties. An estimate of the cost to extend sewer to the annexation area is provided on Table 3. The cost estimate for extension of sewer is based on current construction costs; actual cost at the time of installation may vary significantly from current estimates. The cost of installation of the private service lines to connect to the sewer system will be the responsibility of the respective property owners. The sanitary sewer connection fee for single-family residences in the city as of February 2021 is $1,000. Applicable connection and service fees, as established by City resolution, are subject to change and may vary per property.

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East Madison Properties Service Extension Plan 14 Bel Arbor St Arbor Bel

Wisteria Cir Wisteria Timber Creek St

ADDITION Beau Jardin St TIMBERLEAF 2ND Timber Creek St

Linden Ln Bel Arbor Ct Scale: 1" = 500' Sommerhauser Cir SommerhauserTIMBERLEAF St ADDITION

Bel Arbor St Klein St Timberleaf Cir

MADISON GARDEN

Bel Rue St Rue Bel VILLAS ADDITION DERBY MEDICAL Timberleaf Ct CAMPUS ADDITION

Bel Arbor St

Klein Cir Timberleaf Dr Timberleaf

BEL ARBORESTATES

Madison Ave

Madison Ave Willowcreek St

Stonegate Cir Stonegate Walnut Creek Dr

Osage Rd Meadowbrook St Valley Stream Dr

SPRINGCREEK Valley Stream Ct Zachary4TH Dr ADDITION

Webb Rd

Brookstone St SPRINGCREEK ADD. SPRINGCREEK 6THQuail ADDITIONHollow St

Brookstone St

SPRINGCREEK 2ND ADDITION

Country View Dr

Legend Derby City Limits Existing City of Derby Sanitary Sewer Collection System Proposed Annexation Area

Map 4 - Existing Sanitary System Layout

East Madison Properties Service Extension Plan 15

WalnutCreek Dove Hollow Dove Bel Arbor St Arbor Bel

Wisteria Cir Wisteria Timber Creek St

ADDITION Beau Jardin St TIMBERLEAF 2ND Timber Creek St

Linden Ln Bel Arbor Ct Sommerhauser Cir Scale: 1" = 500' SommerhauserTIMBERLEAF St ADDITION

Bel Arbor St Klein St Timberleaf Cir

MADISON GARDEN

Bel Rue St Rue Bel VILLAS ADDITION DERBY MEDICAL Timberleaf Ct CAMPUS ADDITION

Bel Arbor St

Klein Cir Timberleaf Dr Timberleaf

BEL ARBORESTATES

Madison Ave

Madison Ave Willowcreek St

Stonegate Cir Stonegate Walnut Creek Dr

Osage Rd Meadowbrook St Valley Stream Dr

SPRINGCREEK Valley Stream Ct Zachary Dr Quail Hollow St 4TH ADDITION

Brookstone St SPRINGCREEK ADD. SPRINGCREEK 6THQuail ADDITIONHollow St

Brookstone St

SPRINGCREEK 2ND ADDITION

Country View Dr

Legend Derby City Limits Existing City of Derby Sanitary Sewer Collection System Proposed Sanitary Sewer Extension Upon Petition Proposed Annexation Area

Map 5 - Future Sanitary System Layout (Concept Plan)

East Madison Properties Service Extension Plan 16

WalnutCreek Dove Hollow Dove Table 3: Sanitary Sewer Extension Estimate

East Madison Properties Prepared 02/2021*

Expense Units Unit Cost Total 8-inch Sanitary Sewer Line 1230 LF $ 45.00 $ 55,350.00 4-ft. Diameter Manhole 4 EA $ 5,000.00 $ 20,000.00 4-inch Stub with Riser 6 EA $ 1,200.00 $ 7,200.00 8” x 4” Service Tee and Riser 4 EA $ 1,500.00 $ 6,000.00 Connect to Existing Manhole (deep) 1 EA $ 5,000.00 $ 5,000.00 Tree Trimming and Removal 1 LS $ 10,000.00 $ 10,000.00 Seeding and Erosion Control 1 LS $ 5,000.00 $ 5,000.00 Site Clearing and Restoration 1 LS $ 25,000.00 $ 25,000.00 SUBTOTAL $ 133,550.00 Design, Inspection & Administration (35%) $ 46,742.50 TOTAL $ 180,292.50

* This cost estimate is based on construction costs available at the time prepared; actual cost at the time of installation may vary significantly.

† The cost of construction of public improvements may be financed by the City in accordance with the City’s adopted policy for Municipal Financing of Certain Public Improvements. Payments are paid by the property owner and appear as special assessments on the County property tax bill.

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East Madison Properties Service Extension Plan 17 D. Flood Protection and Stormwater Management

The City of Derby created a stormwater utility in 2013, with residential properties currently charged a $3 per month stormwater utility fee which is paid concurrent with the monthly utility bill. Properties that are not connected to city water or sewer are billed semi-annually, with each billing reflecting the stormwater fee for a six-month period. Revenue collected from the stormwater fee is used to maintain and improve the City's stormwater system and to help meet stormwater regulatory requirements.

The City of Derby is a member of the National Flood Insurance Program's Community Rating System (CRS). The CRS is a voluntary incentive program which recognizes and promotes community floodplain management activities. On April 1, 2019, Derby was recognized as a Class 7 rated community in the CRS program (ratings are Class 1 to Class 10, with Class 1 being the highest rating). Currently, the Class 7 rating allows flood insurance policyholders within Zone AE – the 1.0% recurrence interval flood hazard area (100-year flood) – to be eligible for up to a 15% discount on insurance premiums. Properties outside the 1.0% recurrence interval flood hazard area are also eligible for discounted flood insurance rates. In addition to reduced insurance rates, CRS floodplain management activities enhance public safety, reduce damage to property and public infrastructure, protect the environment and improve quality of life for the community.

The annexation area lies within the Spring Creek watershed, with runoff currently draining into Spring Creek which ultimately drains into the Arkansas River. According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map for Sedgwick County dated December 22, 2016, a portion of one property is encumbered by the 1% and 0.2% flood zones. No structures on this property are within a floodplain. Map 6 depicts the Flood Insurance Rate Map in and adjacent to the proposed annexation area.

Madison Ave. was upgraded to an urban standard with curb and gutter and an enclosed stormwater sewer system in 2017. The original ditches adjacent to the subject tracts were removed and replaced with an enclosed stormwater sewer system, maintained by the City’s Department of Public Works.

Upon annexation, the City’s Department of Public Works will provide management and maintenance of public facilities including inspection and maintenance of enclosed stormwater systems, and enforcement of applicable stormwater and flood protection regulations. The City will also provide stream inspection and remove blockages on an as-needed basis. Maintenance and improvement projects are scheduled and programmed by the Director of Public Works commensurate with the resources of the department.

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East Madison Properties Service Extension Plan 18 1280 1280

Not to Scale

1279

1285 1283

1278

1277 1281 Panel

1279 1277

1278 0536

1277 1276 1275

1273

1272

1274

1272

1275 Legend

1 2 S_BFE_Clip 7 3 S_FLD_HAZ_LN_Clip 1274 S_FIRM_Pan_clip

S_FLD_HAZ_AR_Clip1272 FLD_ZONE, ZONE_SUBTY 0.2 PCT ANNUAL CHANCE FLOOD HAZARD, A, AE, AE, FLOODWAY AREA NOT INCLUDED, Proposed Annexation Area Derby City Limits

Map 6 - FEMA Flood Insurance Rate Map Dec. 22, 2016

1272 East Madison Properties Service Extension Plan 19

Pa ne l 0540 E. Fire Protection and Medical First Response

Fire protection and medical first response are currently provided by Sedgwick County Fire District #1 and Derby Fire and Rescue Department through an automatic aid agreement for response in the proposed annexation area, which is anticipated to continue after annexation. Since 2012, Derby Fire and Rescue has responded to 16 calls within the annexation area.

Fire protection and emergency first response will be provided from Derby Fire Station #81 at 715 E. Madison Ave. and Derby Fire Station #82 at 1401 N. Rock Rd. Derby Fire and Rescue provides an average response time of 4 minutes or less within the city limits.

Derby city-at-large ad valorem property tax, sales tax, and other general revenues pay for fire protection. Residents of the area should not see any change in the quality of fire or medical first response service as a result of annexation. The ISO (Insurance Service Organization) provides ratings classifying the ability of local jurisdictions to provide fire protection. The current Sedgwick County rating is Class 4, and the City of Derby rating is Class 2 (on a scale of 1 to 10, with 1 being the best).

Map 7 shows the location of existing fire stations in relationship to the proposed annexation area.

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East Madison Properties Service Extension Plan 20 Libe rty L n Winding Lane Cir Lost Hills St

Rough Creek Rd WhittierSt

Ramblewood St RoughCreek Pl Buc kn er S t Triple C reek Dr M aurine D r Independence Ave

Stone Creek St RockBridge St Rough CreekRock CirBridge Ct

Em e rson St

JacksonBlvd Commerce Dr Fieldstone Ct Fieldstone S t Lost Hills Ct DestinationDr

Thorn Apple St NancL y n Stone Path St Rough Creek Rd Moss Wood Ct

M idw ay St Moss Wood St Emerson Cir

ButtonBush St ForestPark St

Stone Path St Roc kR d WoodlawnBlvd Patriot Ave Patriot Ave Patriot Ave Not To Scale Wild Plum Rd Rough Creek Ct W ild P lum C ir

Catalpa Ct Catalpa S t NewberrySt Ta m arisk S t

W ah oo S t Rough Creek Loop

ForestPark St

Buckthorn Rd Triple Creek Dr AmberRidge St Cambridge St Oak Meadows Rd W ah oo C ir Fairway Cir Cambridge St

Buc kn erS t NewberrySt

SandhillCt Forest Park Ct

ButtonBush Cir San dhill Rd

San dhill Rd RoughCreek Rd Sandhill Rd

TamariskSt Dogw ood Ct SawgrassCt

Persim monSt

Fa irw ay Ln

San dhill Rd Ta ll Tree R d DuckcreekLn Fa irw ay Ct

SawgrassCir AmberRidge St

WoodlawnBlvd Tall Tree Rd

WhiteO akRd

FallenTree Ct ForestPark St

HorseshoeCir Tall Tree Rd

BasswoodCt Ironwood Ct Tall Tree Rd Ta ll Tree C ir Rosewood Ln Pec an L n Clearlake St Waters Edge Cir CrossCreek Cir Tall Tree Rd Hunter S t Lookout Cir Burning Tree Rd Cros s C reek Pl Waters Edge St Look out P l NewberrySt W oo dardS t

WoodlawnBlvd Waters Edge Ct Te al D r BurrHill Rd Tw isted O ak Rd Triple reekC Dr

RosewoodCt WalnutCreek Dr M allard D r Twisted Oak Rd Newberry Pl. Birchw ood Rd CrossCreek St

DuckcreekLn Pepper Corn Rd W aters E dg e Ln Birchw ood Ct Burning Tree Rd Forest Park St Cros s C reek Ct Look out S t John sonD r Red Powell Dr Birchwood Rd Red Powell Dr North P oin t Dr NewberrySt Bry ant St Look out S t Newberry Cir. Bry ant Ct Derb y H ills Dr Ridge C t Look out C t Valley V ie w S t Arro whe ad D r Nelson Dr K-1 5 yHw W aters E dg e S t Amber Ridge Pl Ridge R d

M ilton C t Overlook Dr AmberRidge St W alnut Cree k C t Curtis Ct Village Lake Dr NewberryCt. Am b er Ridge Cir Curtis St Baltimore Ct Sum merchase Pl Am b er Ridge Ct Overlook Dr Sum merchase St lo rilton M D Sum merchase Cir Baltim ore P l Derby Hills Ct RocR k d Lee C t Sum merchase Ct WalnutCreek Dr Meadowlark Blvd Community Dr Meadowlark Blvd Sum merset St

WoodlawnMeadowlarkBlvd Blvd BaltimoreAve Meadowlark Blvd Meadowlark Pl Longh orn C t Key s P l O ld Sp ring Rd Windmill Ct Raw hide S t Meadowlark Blvd Com m u nity D r Dry Creek Ct M onta na S t Key s D r O ld Sp ring Ct Sun set Dr Fire Station O ld Sp ring Cir Maryland St Dry Creek Cir W indm ill Rd

Nixon A v e El P aso Dr W ag on W heel Ct HamiltonDr

Harra l S t Pra irieLn Community Ct

Buc kn erS t Kok om oA v e Briarwood Pl W es tv iew Dr Dry Stream Ct Key s C t Sho rt S t Morningview St No. 82 Key s C ir M ahoneConyers y D r Ave Split Rail Ct M ason Ridge D r I ohtosh cIn M Rd

Fe rnell S t GeorgieAve Longhorn St Mason Ridge Dr

Lake vie w D r Dry Brook Ct Briarwood Rd Broadmoor St MasonRidge Ct BaltimoreAve Pleasantview Dr Linc oln S t Jay Ct Windmill Rd

O hio S t TimberleafDr G le n Hills D r Lake Ridge C ir Lincoln St. Buckboard Ct G le n Hills D r Linc oln S t G le n Hills D r G le n Hills C t Sun ris e S t Arm s tron g Ct Briarw ood C t W arren A ve W arren St Trail Ridge Dr Songbird St Ham ilton irC Spring Meadows Ct Mason Ridge Dr Raintre e Dr Greenway Ct Cy St Armstrong Ct McClelland Dr Fo nten elle D r Surrey L n

DryCreek Dr College Park St New Spring Ct RainbowD r

Sun setDr Spring Ridge Dr Greenway St PatrickHenry St Lake Ridge Dr Greenway St Arm s tron g Ct Horizon Dr Carriage Dr BeauJardin St Spring Ridge C t SongbirdCir White Tail St New Spring Cir Nelson Dr ArmstrongAve Lake Ridge Ct

W arren C t HighPark Dr G oeldner Ln RidgecrestRd Jam es S t Jam es S t BriarwoodRd Jam es S t White Tail St Valley S t

K-1 5 Hw y Jam es S t Jam es S t Tim be r Lane St Woodland Dr Cresthill Rd Cresthill Rd Tim be r Lane Cir M argue rite Pk wy O akw ood Ct

Myrtlewood Ct Bea u Ja rdinBeauJardin StCt Brendonwood Rd Brendonwood Rd Myrtlewood Cir Crestway Ave BeauJardin Cir

Frontag e R d WisteriaSt ElP aso Dr BelArbor Cir PinO a kR d BriarwoodRd Pinion R d Timber Creek St WestviewDr Pinion R d TanglewoodRd Crestway Ave Crestway Ave Kristen R d Bro ok Forest R d Timber Creek St Kristen C t BrookfieldB Ln e Crestway Ave a Pine Tre e Rd v M orris on D r e r K-1 5 Hw y T WisteriaCir r Morrison Ct a Evergreen Ct Lind enLn Som merhauser Cir Bel Arbor Ct Ril

GeorgieAve LakeviewDr Kok om oA v e Wedgewood Dr Evergreen Ln

WestviewDr DerbA y ve W ed gew ood D r

BaltimoreAve d RidgecrestRd

Sum acR d Nelson Dr Som m erhau ser S t Timberleaf Cir Wedgewood Dr W ed gew ood D r Bod ine Dr Wedgewood Ct Hickory Branch St Briarw ood dR Walnut Grove Rd Klein S t

PinO aC k t Timberleaf Ct Britain S t Brook Forest Ct

Buc kn erS t O ak Ct

ElP aso Dr Bod ine Ct

RiverS t Klein Cir

BelR ueS t

MulberryRd

Oak ForestLn RocR k d

TimberleafDr Madison Ave W alnut St BelArbor St

TanglewoodRd W alnut St RockfordSt Madison Ave Madison Ave McIntoshRd FarmingtonDr Tanglewood Ct

W illowD r

M adison D r MargueritePkwy Madison Ave. WoodlawnBlvd Oak Forest Rd

Cherry S t M adison A v e W illowD r M aple S t

StonegateCir ie t S River Em m a S t Fire Za cha ryD r

O sag eRd

Pos t O ak R d As penR d Kok om oA v e Kok om oA v e O sag e Rd Louisa S t O ak Forest Rd

Virginia St Meadowbrook St WillowcreekSt

BaltimoreBaltimoreAveAve M ain St ValleyStream Dr W aterS t Station Cottonw ood Rd Za cha ry D r Caro lyn S t O sag e Rd Q uail H ollow S t Valley Stream Ct

WalnutCreek Dr

M arke t S t Bro oks tone St W eb bRd No. 81 As hS t Blue Spruce Cir M arke t S t Blue Spruce Rd Q uail H ollow S t Chestnut Rd M axine C t Washington Ave

Redb ud C t

LaubeLaubeLnLn r r

W illowD r

LakeviewDr CircleDr

CircleDr Hac kbe rry R d

SpringwoodDr MaryMaryEttaEtta StSt BrookwoodDr

Pittm a n D r CrosswoodLn BrookstoneSt

Redw ood Rd BrookForest Rd Country View Dr Kok om oA v e Kok om oA v e Laube r Ln Deer Trail St Kay S t Tiara Pines Pl Kay S t Kay S t G rac e S t BaltimoreAve Tiara Pines Cir

Sunny-Dell St ThurstonLn Tiara Pines St Kay S t Tiara Pines Ct

atmoeDr D ore Baltim

TimberTimberRidgeRidge CirCir

- wy Hw 5 K-1 Belm on t S t Mary Etta St Phe asa nt R un S t

WestviewDr LakeviewLakeviewDrDr

Circle Dr Partridge Cir Sha ron C t CreeksideCt

Belm on t S t Partridge Ln Kay S t

DoveHollow

TimberTimberRidgeRidge StSt

Cardinal Ct

DerbA y ve DerbA y ve Spring Creek Dr WalnutCreek

Card inal Ln WalnutCreek Kay

KokKok om om o oAA v v e e

GeorgieGeorgieAveAve

RiverviewRiverviewAveAve

BentTree Ct W alnut Cree k C t M ock ing bird Ct

Windwood Ct KayC t Sha ronD r Eng lish S t Eng lish S t Sha ronD r Edgemoor St Eng lish C t Dove Hollow Pl

Springd ale St WindwoodSon Cir tag S t Pine G rove Ct LakeviewDr LakeviewDr Q uail C t O xford C t O xford C ir

u ne t S er kn Buc Springdale St Park Lane Ct

Riverview Ave Walnut Creek W eb bRd WoodlawnBlvd Dove Hollow Ct

Kok om oA v e Sou thridge C t Southridge Cir

HoneybrookHoneybrookLnLn HilaS t

HilaS t DoveHollow

William s St WhippoorwillRd 87th S t S Park Lane St MockingbirdLn

Juniper C t Roc kR d Sha ronD r Chet Smith Ave Park Lane St Chet Smith Ave 87th S t S Son tag C t Park Place Ct

Box Elder Ct

PointerPointerLnLn Son tagD r

atmoeDr D ore Baltim MeadowhavenLn MeadowhavenLn M eadow R idg e Ct Park Place Ct WoodlawnHeights Ct

Arbor Meadows Ct Son tag C ir HilltopR d Legend W oo dla wn H eights Rd HilltopR d Parkwood Ct

Crooked Creek Ct M eadow hav en L n Ivy Hill Ct

ArborArborMeadowsMeadows StSt Roc kR d Fire Department Park H ill SHiddenridge t Ct Roc kR d

G asa way Dr Sum m it Cir Rushwood Dr Sum m it Cir - wy 5 Hw K-1 G asa way Ct Shady Brook Ln Woodbrook St HiddenridgeRavenwood Cir Ct Rushwood Ct Hawthorne Ct Derby City Limits Hilltop dR

Hawthorne Dr Pem brook Ct

u ne t S er kn Buc ArborMeadows St ArborMeadows St Woodbrook St

Sum m it Rd Cedarbrook Rd Rockhill Ct Pem brook Rd Woodbrook Ct Southcrest Dr Map 7 - Fire StationsRavenwoodSt Sou thc rest CtCyp ress CtTe rrace Ct Southcrest Cir Sum merlyn Dr 91st St S Rov er C t 91st St S Madapalla Ct ArborMeadows Cir Watervale Ct East Madison Properties Service Extension Plan 21 Hacienda Ct F. Police Protection

The subject properties are served by Sedgwick County Sheriff and assistance is sometimes provided by Derby police, when requested. Upon annexation, the subject properties will be served by the Derby Police Department headquartered at 229 N. Baltimore. Areas of police protection in the City of Derby are divided into 4 beats for patrol purposes. Map 8 shows the relationship between the proposed annexation area and Derby police beats.

Upon annexation, the subject properties will be within Beat No. 4. The addition of 9 households to Beat No. 4 resulting from this proposed annexation will not have a significant impact on the ability to provide police protection. The City of Derby will provide police services with existing resources. Derby city-at- large ad valorem property tax, sales tax, and other general revenues pay for police protection.

Animal Control services are also provided through the Derby Police Department. If annexed, residents of the proposed annexation areas may contact 911 to report animal control concerns.

Community partnerships, proactive intervention and open dialogue between police and citizens will be critical to successful protection of these areas.

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East Madison Properties Service Extension Plan 22 55th St. S.

63rd St. S.

71st St. S.

79th St. S.

Webb Rd. Webb 87th St. S.

Legend Derby City Limits Proposed Annexation Area

K15 Hwy. Police Beats Beat 1 Rock Rd.Rock Woodlawn Blvd. Woodlawn 95th St. S. Beat 2 Beat 3 Beat 4 Map 8 - Derby Police Beats East Madison Properties Service Extension Plan 23 G. Parks

Currently, there are no Sedgwick County parks in the southeastern portion of the County. The city park in closest proximity to the subject properties is High Park. High Park is the largest park in the city, consisting of approximately 105 acres. Amenities at High Park include a 10-acre stocked lake, playgrounds, shelters, picnic areas, walking trails, soccer fields, ball fields and open space. Other Derby parks are located throughout the city and provide open space and recreation amenities for Derby residents. Overall, Derby has 381.5 acres of parks which are open to the public, all of which are located within three miles of the proposed annexation area.

The City of Derby also has an extensive network (more than 25 miles) of hike and bike paths throughout the city. The path system connects many of the City’s parks, schools and other destinations. A 5 ft. sidewalk was constructed immediately adjacent to the subject properties with the 2017-18 Madison Ave. improvements providing a pedestrian connection from the subject properties to Derby’s extensive park and path network. A crosswalk approximately 225 ft. west of Tract 1 provides a crossing point to the hike and bike path along the north side of Madison Ave. Annexation of the proposed area will have no significant effect on the Derby park and path system.

Derby city-at-large ad valorem property tax, sales tax, other general revenues, and park facility rental fees finance Derby’s city parks and path system.

Map 9 shows the locations of existing city parks and hike & bike paths.

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East Madison Properties Service Extension Plan 24 Scale: 1" = 2500'

High Park

Legend Derby City Limits Proposed Annexation Area Hike & Bike Paths (Exist.) Park Sites Map 9 - Park Locations East Madison Properties Service Extension Plan 25 H. Trash and Recycling Services

In 2009, the Derby City Council approved a contract for city-wide trash and recycling collection services with Waste Connections, Inc. Trash service since 2009 has resulted in lower costs for most residents while providing more services for all residents. Trash pickup is on a weekly basis and provides options on cart size, free bulky waste pickup such as appliances, and free cart roll-out service for disabled and elderly residents. This city-wide contract results in a more efficient system (thus reducing cost), reduces truck traffic which is good for street maintenance, reduces noise and air pollution, and improves general tidiness of the neighborhoods.

Upon annexation, each residential household will be required to enroll for trash service with Waste Connections. Some exemptions are possible; contact City Hall for details. Each customer is responsible for the cost of their trash service. Three trash cart sizes are currently available – 35, 65 or 95 gallons. Current quarterly rates are $37.96, $45.02 or $52.10 respectively. These rates include both trash and recycling service and are subject to change each year.

Biweekly recycling services are included but not mandatory. Recyclables such as cardboard, chipboard, plastics #1 -#7, steel and aluminum cans, glass, newspaper, magazines, junk mail, phone books, etc. are collected curbside in a single-stream (no sorting required) recycling cart.

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East Madison Properties Service Extension Plan 26 I. Library

The Derby Public Library is a member of the South-Central Kansas Regional Library System. Property owners of the proposed annexation areas are presently served by the Derby Public Library, paid for in small part by grants from the regional library system and primarily by City of Derby taxes. Upon annexation, property owners will continue to have library service equal to or better than the level of service currently provided. As of February 2021, 14 people within the annexation area are members of the Derby Pubic Library.

A new public library building was constructed and opened to serve the area in November 2009. The facility is located on Walnut Grove Rd., one block west of Rock Rd. (approximately one mile from the proposed annexation area). The facility includes more than 37,000 square feet of space and functions as a regional library and community meeting facility. The library is open to the public and serves patrons from both within and outside of the corporate limits of the city. The library is funded through a combination of property and sales taxes. Annexation of the proposed annexation area will not affect the library’s operation.

Map 10 shows the location of the Derby Public Library in relationship to the proposed annexation area.

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East Madison Properties Service Extension Plan 27 Corporate Park Ct Laughlin Ct RockRd

PershingSt

56th St S WoodlawnBlvd

BucknerSt Bellows St

57th St S WhittierSt

OliverSt Corporate Park Dr

JoelLn HickamCt

Exposition St LaughlinSt

Hickman St TyndallSt Tyndall Ct

CorporatePark Cir 58th St S Freedom St Freedom St

Freedom St Freedom St Splitwood Way St Splitwood Way Ct Splitwood Way St

t S Alise St Scale: 1" = 2500'

S WhittierSt

6 0 th Winding Lane St Emerson St Liberty Ln WindingLane Ct Lost Hills St Winding Lane Cir

OliverSt Rough Creek Rd WhittierSt

61st St S Ramblewood St RoughCreek Pl Buckner St Triple Creek Dr Maurine Dr Independence Ave

Stone Creek St RockBridge St Rough CreekRock Cir Bridge Ct

EmersonSt Commerce Dr Jackson Blvd Fieldstone Ct Fieldstone St Lost Hills Ct DestinationDr

Thorn Apple St NancyLn Stone Path St Rough Creek Rd Moss Wood Ct

MidwaySt Moss Wood St EmersonCir 63rd St S

ButtonBush St ForestPark St

Stone Path St RockRd WoodlawnBlvd Patriot Ave Patriot Ave 63rd St S Patriot Ave Wild Plum Rd Rough Creek Ct Wild Plum Cir

Catalpa Ct Catalpa St NewberrySt Tamarisk S t

Wahoo St Rough Creek Loop

ForestPark St

Nelson Dr Buckthorn Rd TripleCreek Dr AmberRidge St Cambridge St Oak Meadows Rd Wahoo Cir Fairway Cir Cambridge St

BucknerSt

K-15 Hwy NewberrySt

SandhillCt Forest Park Ct

ButtonBush Cir

Oliver ( 47thOliverE) ( St Sandhill Rd

Sandhill Rd RoughCreek Rd Sandhill Rd

TamariskSt Dogwood Ct SawgrassCt

PersimmonSt

FairwayLn

Sandhill Rd Tall Tree Rd DuckcreekLn Fairway Ct

SawgrassCir AmberRidge St

WoodlawnBlvd Tall Tree Rd

FallenTree Ct WhiteOak Rd

ForestPark St

HorseshoeCir Tall Tree Rd

BasswoodCt IronwoodCt

Tall Tree Rd Tall Tree Cir Rosewood Ln Pecan Ln Clearlake St Waters Edge Cir CrossCreek Cir Tall Tree Rd Huckleberry Cir Hunter St Lookout Cir Burning Tree Rd Cross Creek Pl Waters Edge St Lookout Pl NewberrySt WoodardSt

Wild Plum Rd WoodlawnBlvd Waters Edge Ct Oliver St Teal Dr

BurrHillRd Triple Creek Dr

RosewoodCt Twisted O ak Rd WalnutCreek Dr Mallard Dr Twisted Oak Rd Newberry Pl. Birchwood Rd CrossCreek St

DuckcreekLn Pepper Corn Rd Forest Park St Waters Edge Ln Birchwood Ct Burning TreeRd Finn Ln Cross Creek Ct Lookout St JohnsonDr Red Powell Dr Birchwood Rd Red Powell Dr North Point Dr NewberrySt Bryant St Lookout St Newberry Cir. Bryant Ct Derby Hills Dr Ridge Ct Lookout Ct Valley View St Arrowhead Dr Nelson Dr K-15 Hwy Waters Edge St Amber Ridge Pl Ridge Rd

Milton Ct Overlook Dr AmberRidge St Walnut Creek Ct HuckleberryDr Curtis Ct Village Lake Dr NewberryCt. Amber Ridge Cir Curtis St Baltimore Ct Summerchase Pl Amber Ridge Ct BlueberryLn Overlook Dr SummerchaseSt Milton Dr Summerchase Cir Baltimore Pl RockRd 71st St S Lee Ct Derby Hills Ct Summerchase Ct WalnutCreek Dr Meadowlark Blvd Community Dr Meadowlark Blvd Summerset St

WoodlawnBlvd Meadowlark Blvd

BaltimoreAve Meadowlark Pl

MiltonDr Meadowlark Blvd Longhorn Ct Keys Pl Old Spring Rd Windmill Ct Rawhide St Meadowlark Blvd Community Dr Dry Creek Ct Montana St Keys Dr Old Spring Ct Sunset Dr Old Spring Cir Maryland St Dry Creek Cir Windmill Rd MiltonAve Nixon Ave El Paso Dr Wagon Wheel Ct HamiltonDr

Harral St PrairieLn Community Ct

BucknerSt KokomoAve Briarwood Pl Westview Dr Dry Stream Ct Keys Ct Short St Morningview St Keys Cir MahoneyConyers Dr Ave Split Rail Ct Mason Ridge Dr McIntosh Rd

Fernell St GeorgieAve Longhorn St Mason Ridge Dr

Lakeview Dr Dry Brook Ct Briarwood Rd Broadmoor St MasonRidge Ct BaltimoreAve Pleasantview Dr Lincoln St Jay Ct Windmill Rd Lincoln St. Ohio St Buckboard Ct TimberleafDr Glen Hills Dr Lake Ridge Cir Conyers Ave Glen Hills Dr Lincoln St Glen Hills Dr Glen Hills Ct Sunrise St Armstrong Ct Briarwood Ct Warren Ave Warren St Trail Ridge Dr Songbird St Hamilton Cir Spring Meadows Ct Mason Ridge Dr Raintree Dr Greenway Ct Cy St Armstrong Ct McClelland Dr Fontenelle Dr Surrey Ln

DryCreek Dr College Park St New Spring Ct RainbowDr

SunsetDr Spring Ridge Dr Greenway St PatrickHenry St Lake RidgeDr SongbirdCt Greenway St Armstrong Ct Horizon Dr Carriage Dr BeauJardin St Spring Ridge Ct SongbirdCir White Tail St New Spring Cir Nelson Dr Armstrong Ave WildTurkey Dr Lake Ridge Ct

Warren Ct HighPark Dr Goeldner Ln RidgecrestRd James St James St White Tail St Valley St BriarwoodRd James St Wild Turkey Ct K-15 Hwy James St James St Timber Lane St Woodland Dr Cresthill Rd Cresthill Rd Timber Lane Cir Marguerite Pkwy Oakwood Ct

Myrtlewood Ct Beau JardinBeauJardin Ct St Brendonwood Rd Brendonwood Rd Myrtlewood Cir Crestway Ave BeauJardin Cir

Frontage Rd WisteriaSt El PasoEl Dr PinOak Rd BelArbor Cir BriarwoodRd Pinion Rd Timber Creek St TanglewoodRd WestviewDr Pinion Rd Crestway Ave Crestway Ave Kristen Rd Brook Forest Rd Timber Creek St Kristen Ct BrookfieldB Ln e Crestway Ave a Pine Tree Rd v Morrison Dr e r K-15 Hwy T WisteriaCir

Morrison Ct r LindenLn a Evergreen Ct Sommerhauser Cir Bel Arbor Ct il

GeorgieAve LakeviewDr

KokomoAve WestviewDr DerbyAve Wedgewood Dr Wedgewood Dr R Evergreen Ln

BaltimoreAve d Ridgecrest Rd

SumacRd Nelson Dr Sommerhauser St Timberleaf Cir Wedgewood Dr Wedgewood Dr Bodine Dr Wedgewood Ct Hickory Branch St Briarwood Rd Walnut Grove Rd Klein St Pin OakPin Ct Timberleaf Ct Britain St Brook Forest Ct

BucknerSt Oak Ct

El PasoEl Dr Bodine Ct

RiverSt Klein Cir

Bel RueBel St

MulberryRd OakForestLn

RockRd 79th St S TimberleafDr Madison Ave Walnut St BelArbor St

TanglewoodRd Walnut St RockfordSt Madison Ave Madison Ave Cedar Point Cir McIntoshRd FarmingtonDr Tanglewood Ct

WillowDr

Madison Dr MargueritePkwy Madison Ave. WoodlawnBlvd Oak Forest Rd

Cherry St Madison Ave WillowDr Maple St

StonegateCir River St Emma St ZacharyDr

OsageRd

Post Oak Rd AspenRd Osage Rd KokomoAve KokomoAve Oak Forest Rd

Louisa St WillowcreekSt

Virginia St Meadowbrook St

BaltimoreBaltimoreAveAve Main St ValleyStream Dr

WaterSt Cottonwood Rd Zachary Dr Carolyn St Osage Rd Quail Hollow St Valley Stream Ct

WalnutCreek Dr Brookstone St

SarahCt

Market St CedarRanch St WebbRd

AshSt Blue Spruce Cir Market St Blue Spruce Rd Quail Hollow St Chestnut Rd Maxine Ct Washington Ave

Redbud Ct

LauberLauberLnLn

WillowDr

LakeviewDr CircleDr

CircleDr Hackberry Rd

SpringwoodDr MaryMaryEttaEttaStSt CrosswoodLn

Pittman Dr BrookwoodDr BrookstoneSt BrookForest Rd Country View Dr Kay St

Redwood Rd CedarRanch Ct KokomoAve KokomoAve Lauber Ln Deer Trail St Kay St Tiara Pines Pl Kay St Kay St Grace St BaltimoreAve Tiara Pines Cir

Sunny-Dell St ThurstonLn Tiara Pines St BluemontSt Kay St Tiara Pines Ct Bluemont Ct

Baltimore Dr Baltimore Kay Cir

TimberTimberRidgeRidge CirCir

K-15 Hwy K-15 Belmont St Mary Etta St Pheasant Run St CedarRanch St

WestviewDr LakeviewDr LakeviewDr Hampdon Woods St

Circle Dr Partridge Cir Sharon Ct CreeksideCt

Belmont St PartridgeLn Kay St

DoveHollow

TimberTimberRidgeRidge StSt DerbyAve

DerbyAve Spring Creek Dr Cardinal Ct WalnutCreek Cardinal Ln WalnutCreek

Kay CedarRanch St

KokomoKokomoAveAve

GeorgieGeorgieAveAve

RiverviewRiverviewAveAve

BentTree Ct Walnut Creek Ct Mockingbird Ct

Windwood Ct KayCt SharonDr English St English St English Ct SharonDr Edgemoor St Dove Hollow Pl

Springdale St WindwoodSontag Cir St Pine Grove Ct LakeviewDr LakeviewDr Quail Ct Oxford Ct Oxford Cir

Buckner St Buckner Springdale St Park Lane Ct

Riverview Ave WalnutCreek WebbRd WoodlawnBlvd Dove Hollow Ct

KokomoAve Southridge Ct Southridge Cir HoneybrookLn

HoneybrookLn DoveHollow

HilaHilaStSt

Williams St WhippoorwillRd 87th St S Park Lane St MockingbirdLn Juniper Ct RockRd SharonDr Chet Smith Ave Park Lane St Chet Smith Ave 87th St S Sontag Ct Park Place Ct FawnTrl

Box Elder Ct

PointerPointerLnLn SontagDr

Baltimore Dr Baltimore

GlenaDr MeadowhavenLn MeadowhavenLn Meadow Ridge Ct Park Place Ct WoodlawnHeights Ct

ArborMeadows Ct Sontag Cir HilltopRd Woodlawn Heights Rd HilltopRd Parkwood Ct Meadowhaven Ln

Crooked Creek Ct Ivy Hill Ct

ArborArborMeadowsMeadows StSt RockRd Park Hill StHiddenridge Ct RockRd

Gasaway Dr SummitCir Rushwood Dr SummitCir K-15 K-15 Hwy Gasaway Ct Shady Brook Ln Woodbrook St HiddenridgeRavenwood Cir Ct Rushwood Ct Hawthorne Ct Hilltop Rd

Hawthorne Dr Pembrook Ct PoseyCt June Ct

Buckner St Buckner ArborMeadows St ArborMeadows St Woodbrook St

SummitRd Cedarbrook Rd Rockhill Ct Pembrook Rd WoodbrookCt Southcrest Dr

RavenwoodSt Southcrest CypressCt CtTerrace Ct Southcrest Cir Summerlyn Dr 91st St S Rover Ct Legend 91st St S Madapalla Ct ArborMeadows Cir Watervale Ct Rio Verde Blvd Hacienda Ct Black Dog Trl Cloverbrook Ct Public Library

RoverLn

KristaKristaLnLn

AlamedaSt Decarsky Ct

LagunaCt VerdeCt Madapalla Ct Line Dr La Mesa St La Mesa Ct Proposed Annexation Area

Chaparral St Pecos Dr Derby City Limits

K-15 Hwy Chaparral Ct

WebbRd WoodlawnBlvd Map 10 - Public RockRd Library 95th St S 95th St S ChaparralSt 95th St S

East Madison Properties Service Extension Plan 95thE St 28 J. Code Enforcement and Building Trades

Currently, code enforcement for the subject properties is administered by the Sedgwick County Department of Code Enforcement, and building codes and inspections are administered by the Metropolitan Area Building and Construction Department.

Following annexation, the subject properties shall be subject to Derby municipal, zoning, and building codes. Derby Code Enforcement shall be responsible for enforcing applicable municipal and zoning codes, and Derby Building Trades will be responsible for enforcing applicable building codes and performing necessary building inspections. Property owners are responsible for obtaining all necessary and applicable building and zoning permits for new construction, remodels, electrical, mechanical, plumbing, utility, and demolition projects. Property owners are required to pay necessary permit fees. Permit fees vary as established by City resolution.

Derby city-at-large ad valorem property tax, sales tax, other general revenues, and permit fees pay for Code Enforcement and Building Trades. Residents may contact Code Enforcement within the Department of Public Works to report code violations and may contact Building Trades within the Department of Planning & Engineering for building code inquiries.

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East Madison Properties Service Extension Plan 29 VI. Ad Valorem Taxes

The current total appraised value and assessed valuation of the proposed annexation area is shown in Table 4 below:

Table 4: Total Appraised Values and Assessed Valuations

2020 Apprai sed Value * 2020 Assessed Valuation $ 1,741,780 $ 201,918

* Current year valuation as of 2/2/2021 – Source: Sedgwick County

Currently, the subject properties have a total mill levy of 131.704 mills. A mill is one dollar taxed per $1,000 of assessed valuation. Upon annexation, County Fire District (17.891 mills), South Central Kansas Library (1.229 mills), and Rockford Township (14.832 mills) taxes will no longer be assessed (33.952 total mills), and property owners will begin to pay the City of Derby’s levy of 48.040 mills (2020 mill Levy), a difference of 14.088 additional mills. The proposed total mill levy is 145.792 mills, or a 10.7% increase in property taxes.

In order to determine how annexation will affect property owners within the proposed annexation areas, three (3) sample detailed breakdowns of ad valorem taxes, before and after annexation, are included on the following pages. Samples are provided based on the 2020 appraised values assigned by the Sedgwick County Appraiser’s Office.

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East Madison Properties Service Extension Plan 30 Table 5: Sample Tax Scenario #1

"Example" Appraised Value According to Sedgwick County = $150,000

"Example" Assessed Value (Total Taxable Value) = $17,250 Tax = Assessed Value x Mill Levy / 1,000

Mill Current Taxes Upon Estimated Taxing Entity Levy Taxes Annexation Net Change State of Kansas 1.500 $25.88 $25.88 $0.00 Sedgwick County 29.376 $506.74 $506.74 $0.00 Rockford Township 14.832 $255.85 $0.00 -$255.85 USD 260 13.700 $236.33 $236.33 $0.00 USD 260 SC 8.000 $138.00 $138.00 $0.00 USD 260 SG 20.000 $345.00 $345.00 $0.00 USD 260 Bond 16.681 $287.75 $287.75 $0.00 County Fire District 17.891 $308.62 $0.00 -$308.62 South Central Kansas Library 1.229 $21.20 $0.00 -$21.20 El Paso Cemetery 0.988 $17.04 $17.04 $0.00 Recreation Commission 7.507 $129.50 $129.50 $0.00 City of Derby 48.040 $0.00 $828.69 $828.69 Property Tax Total $2,271.91 $2,514.93 $243.02

* All costs are annual unless otherwise noted. A mill is one dollar per $1,000 of assessed valuation.

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East Madison Properties Service Extension Plan 31 Table 6: Sample Tax Scenario #2

"Example" Appraised Value According to Sedgwick County = $200,000

"Example" Assessed Value (Total Taxable Value) = $23,000 Tax = Assessed Value x Mill Levy / 1,000

Mill Current Taxes Upon Estimated Taxing Entity Levy Taxes Annexation Net Change State of Kansas 1.500 $34.50 $34.50 $0.00 Sedgwick County 29.376 $675.65 $675.65 $0.00 Rockford Township 14.832 $341.14 $0.00 -$341.14 USD 260 13.700 $315.10 $315.10 $0.00 USD 260 SC 8.000 $184.00 $184.00 $0.00 USD 260 SG 20.000 $460.00 $460.00 $0.00 USD 260 Bond 16.681 $383.66 $383.66 $0.00 County Fire District 17.891 $411.49 $0.00 -$411.49 South Central Kansas Library 1.229 $28.27 $0.00 -$28.27 El Paso Cemetery 0.988 $22.72 $22.72 $0.00 Recreation Commission 7.507 $172.66 $172.66 $0.00 City of Derby 48.040 $0.00 $1,104.92 $1,104.92 Property Tax Total $3,029.19 $3,353.21 $324.02

* All costs are annual unless otherwise noted. A mill is one dollar per $1,000 of assessed valuation.

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East Madison Properties Service Extension Plan 32 Table 7: Sample Tax Scenario #3

"Example" Appraised Value According to Sedgwick County = $250,000

"Example" Assessed Value (Total Taxable Value) = $28,750 Tax = Assessed Value x Mill Levy / 1,000

Mill Current Taxes Upon Estimated Taxing Entity Levy Taxes Annexation Net Change State of Kansas 1.500 $43.13 $43.13 $0.00 Sedgwick County 29.376 $844.56 $844.56 $0.00 Rockford Township 14.832 $426.42 $0.00 -$426.42 USD 260 13.700 $393.88 $393.88 $0.00 USD 260 SC 8.000 $230.00 $230.00 $0.00 USD 260 SG 20.000 $575.00 $575.00 $0.00 USD 260 Bond 16.681 $479.58 $479.58 $0.00 County Fire District 17.891 $514.37 $0.00 -$514.37 South Central Kansas Library 1.229 $35.33 $0.00 -$35.33 El Paso Cemetery 0.988 $28.41 $28.41 $0.00 Recreation Commission 7.507 $215.83 $215.83 $0.00 City of Derby 48.040 $0.00 $1,381.15 $1,381.15 Property Tax Total $3,786.51 $4,191.54 $405.03

* All costs are annual unless otherwise noted. A mill is one dollar per $1,000 of assessed valuation.

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East Madison Properties Service Extension Plan 33 VII. Timetable for Services

The proposed financing and timetable for extension of major municipal services to the proposed annexation area are shown in Table 8. Most citywide municipal services such as fire and police protection, parks, library, building inspection and other general government services will be extended to the area immediately upon annexation.

Table 8: Timing and Financing of Services

Proposed for Service Timing Financing the Area Street Maintenance Yes Existing City at Large Local Street Improvements As Required Upon Petition Per City Policy Street Signage Yes Existing City at Large Ditch Cleaning Not Applicable Not Applicable Not Applicable Culvert Cleaning Not Applicable Not Applicable Not Applicable Stream Maintenance Yes Upon Annexation City at Large Per City Policy/Rural Water Water Service As Required Upon Petition District/City Fees Fire Hydrants Yes Existing City at Large

Sewer Laterals As Required Upon Petition Per City Policy Fire Protection Provided by City Upon Annexation City at Large Medical First Response Provided by City Upon Annexation City at Large Police Protection Provided by City Upon Annexation City at Large Parks Yes Existing City at Large/Sales Tax/Fees Library Yes Existing City at Large/Sales Tax/Fees Trash & Recycling Yes Upon Annexation Owner or Tenant City Building Code Enforcement Yes Upon Annexation City at Large and City Fees City Health & Nuisance Code Enforcement Yes Upon Annexation City at Large and City Fees Minimum Housing Code & Zoning Code Enforcement Yes Upon Annexation City at Large and User Fees

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East Madison Properties Service Extension Plan 34 125TH 125TH 1ST SEDGWICK

295TH 117TH

231ST 247TH 117TH

263RD 117TH 151ST 2035 Urban Growth Areas Map 47TH

(This map does reflect the Urban Areas of Influence in Sedgwick County) 199TH

215TH

183RD

HILLSIDE

I135

87TH

55TH 39TH 167TH 109TH Little Arkansas River

279TH 109TH

109TH BENTLEY 24TH

10TH

HYDRAULIC 127TH

119TH 101ST 101ST 101ST 101ST MOUNT HOPE 159TH

135TH 97TH

63RD

95TH 143RD 93RD 93RD 93RD

311TH 93RD

295TH 93RD 79TH

K96 71ST ¹ 85TH 231ST 5TH 5TH 263RD 85TH 85TH

Legend 103RD 81ST VALLEY CENTER 77TH

199TH Wichita Growth Areas 183RD FORD 77TH 77TH

Small City Urban Growth Areas MERIDIAN 69TH

69TH 79TH

Small City Urban Growth Areas 55TH 63RD

69TH 95TH 247TH Small City Urban Growth Areas 111TH K96 K254 K254 61ST 61ST 61ST KECHI Rural Growth Areas 61ST 61ST 167TH PARK CITY KECHI Established Central Area 183RD ANDALE231ST 53RD

Industrial, Improvement, Sedgwick 263RD 53RD 53RD COLWICH1ST Co. Park & McConnell AFB Districts BEL AIRE

151ST 45TH Small City Limits 143RD 45TH Small City Limits MAIZE

39TH WOODLAWN 279TH 37TH 37TH Wichita City Limits 127TH Little Arkansas River 37TH K96

K-96 Special Uses Corridor WEST K96 29TH 29TH 29TH Northwest Bypass Right-of-Way 29TH 25TH

AMIDON 21ST

21ST RIDGE 17TH

13TH ZOO 13TH 375TH

13TH MOSLEY ANDOVER MARKET 9TH 8TH ROCK

CENTRAL 359TH N Fork Ninnescah R 2ND

4TH 295TH

407TH 151ST

247TH DOUGLAS

167TH

199TH 159TH 391ST MAPLE KELLOGGEASTBOROUGH

6TH WICHITA I35 BROADWAY WEST MCCORMICK

6TH 327TH LINCOLN LINCOLN

WASHINGTON

383RD EDGEMOOR

TYLER HARRY MAIZE HARRY GODDARDUS54 127TH 311TH US54 15TH 15TH

MCLEAN MOUNT VERNON I235 GARDEN PLAIN MID CONTINENT

MERIDIAN PAWNEE PAWNEE 375TH 23RD K 42 31ST 31ST 31ST 31ST

31ST 6TH 279TH

LAKE MAIN CHENEY MACARTHUR 39TH

407TH 39TH 295TH 47TH 47TH

S Fork Ninnescah R 47TH GREENWICH

47TH WEBB

CLIFTON HYDRAULIC

119TH 55TH 55TH HOOVER SENECA 55TH

55TH 135TH

159TH

RIDGE 199TH

WEST 63RD 63RD PATRIOT 63RD

63RD 143RD K15

63RD 151ST

247TH 99TH

GRAND MEADOWLARK 71ST 215TH HAYSVILLE GREENWICH K42 39TH DERBY

Ninnescah River 79TH GROVE

343RD 79TH MADISON 79TH 79TH 79TH 79TH 83RD

159TH

87TH WOODLAWN 87TH

87TH 87TH 199TH

95TH GREENWICH 95TH

BLUFF

247TH 327TH

407TH 95TH HILLSIDE 95TH 71ST K15

279TH Arkansas River

Future Land Use 311TH 375TH 391ST K15 103RD 103RD 103RD 103RD ROSS WEBB 103RD 103RD 159TH 175TH CLEARWATER

SENECA

239TH

4TH 295TH 111TH 111TH 111TH

by 2.5 Acre Grid 111TH 111TH 231ST

199TH MULVANE OLIVER

359TH 7TH 119TH

MAIN 119TH

55TH 183RD VIOLA 215TH Adopted by Sedgwick County Commission on 12/16/2020 (Resolution 177-2020) 247TH 119TH 119TH 135TH within Wichita's and Adopted by Wichita City Council on 4/13/2021 (Ordinance 51-430) 2030 Urban Growth Area