AGENDA METROPOLITAN AREA PLANNING COMMISSION

Thursday, September 10, 2020 1:30 PM

The virtual meeting of the Metropolitan Area Planning Commission will be held on

September 10, 2020 at 1:30 PM in the City Hall Building, 1st floor - City Council Chambers, 455 N. Main, Wichita, Kansas

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

Please see the end of this agenda for instructions on Public Virtual participation. 1. ELECTION OF OFFICERS 2. Approval of the prior MAPC meeting minutes

August 20, 2020 (Next Meeting)

3. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS Items may be taken in one motion unless there are questions or comments. Description will go here. 3.1 SUB2020-00036: One-Step Final Plat – CHENEY ANIMAL CLINIC ADDITION;

located on the west side of South 391st Street West, one-half mile south of West 15th Street South. COUNTY RECOMMENDED ACTION: Approved 4-0

3.2 SUB2020-00037: One-Step Final Plat – SCHMEIDLER 2ND ADDITION; located on the south side of East 39th Street South, one-half mile east of South 127th Street East. COUNTY 3-MILE RING RECOMMENDED ACTION: Approved 4-0

4. 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. 4.1 VAC2020-00021: City vacation of the east 15 feet of a 35-foot building setback to

allow new Wendy's footprint on site for longer drive thru queue; generally located southeast of the intersection of Douglas Avenue and Rock Road (160 S. Rock Road). RECOMMENDED ACTION: Approved 4-0

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4.2 VAC2020-00022: (first heard SubD 07 16 20) City vacation of public utility easement to allow for a privately owned service; generally located 1/4 mile west of Meridian on Portwest Circle, south of 53rd Street N (4921 N. Portwest Circle). RECOMMENDED ACTION: Approved 4-0

4.3 VAC2020-00031: City vacation of a portion of a platted rear setback on SF-5 zoned property; generally located east of I-35 on the north side of East 63rd Street South (1100 E 63rd St S). RECOMMENDED ACTION: Approved 4-0

5. PUBLIC HEARINGS

ADVERTISED TO BE HEARD NO EARLIER THAN 1:30 PM 5.1 CON2020-00024: City Conditional Use for Vehicle Sales, Outdoor, on property

zoned LC generally located on the south side of West Central Avenue and west of North West Street (4231 West Central Avenue). PRESENTING PLANNER: Kathy Morgan

5.2 PUD2020-00005: County Zone Change from Rural Residential (RR) to Planned Unit Development (PUD) for a Group Residence, General, Generally located on the South side of East 101st Street North and within one half mile East of North Hydraulic Avenue (2221 E 101st Street N). PRESENTING PLANNER: Philip Zevenbergen

5.3 ZON2020-00027: City zone change from SF-5 to TF-3 on property located 1600 feet west of South Seneca Street, 1475 feet south of West Pawnee Avenue (1602 West Dallas) PRESENTING PLANNER: Kathy Morgan

5.4 ZON2020-00028: City zone change from SF-5 to TF-3 Two-Family Residential on property located 885 feet south of West Central Avenue, 3000 feet east of I-235 Highway (538 North Anna) PRESENTING PLANNER: Kathy Morgan

5.5 ZON2020-00029: County Zone Change from LI Limited Industrial with PO-75 to RR Rural Residential; generally located southeast of West 95th Street South and South 71st Street West (6701 West 95th Street South). PRESENTING PLANNNER: Matthew Williams

5.6 ZON2020-00030: City Zone Change from Single-Family Residential (SF-5) to General Commercial (GC) for development, Generally located on the East side of South Broadway Avenue and within one half mile south of East 47th Street South (5136 S Broadway). PRESENTING PLANNER: Philip Zevenbergen

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6. NON-PUBLIC HEARING ITEMS NONE

7. 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 a virtual connection site in-person (see below).

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

Attn: David Yearout 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/751333133 You can also dial in using your phone. United States: +1 (224) 501-3412 Access Code: 751-333-133 Attend a Virtual Connection Site In-Person You may also participate in the hearing by going to meeting room 101B at Century II (225 West Douglas) to participate in the Planning Commission meeting by “virtual” connection. Planning Department staff members will be available to assist in your participation at this location. This option is intended for those without other technology options, and who have not previously submitted recorded audio or video comments. If you have any written or visual materials you wish to present, please contact Planning Department Graphics staff (268-4464) by 5pm, 3 days prior to the meeting.

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

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AGENDA ITEM NO. 5.1 STAFF REPORT MAPC: September 10, 2020 DAB VI: July 15, 2020

CASE NUMBER: CON2020-00024 (rehearing) OWNER/APPLICANT: Antoine WaKim (Owner) / Jeremiah Leathers (Applicant) REQUEST: Conditional Use for Outdoor Vehicle Sales CURRENT ZONING: LC Limited Commercial SITE SIZE: 0.62 acre LOCATION: South side of West Central Avenue, 900 feet west of North West Street

(4231 W. Central Avenue) PROPOSED USE: Outdoor Vehicle Sales

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BACKGROUND: This case is being heard again because of an error in the legal notices. There are no changes is what is being requested by the applicant. We have modified the original staff recommendation, which was to deny with an alternate recommendation of approval with conditions, and the staff recommendation now reflects what the MAPC decided at the hearing held on July 23, 2020. The applicant is requesting a “conditional use” to allow outdoor vehicle sales on property zoned Limited Commercial (LC). The site is located on the south side of West Central Avenue, 900 feet west of North West Street (4231 W. Central Avenue). The subject site is developed with a one-story masonry service repair building with two garage door openings on the north elevation. The building site has been operating as an automotive repair business for several years. 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 with customer and vehicle sales parking spaces marked. South of the building is a paved area approximately 50 feet deep by 80 wide with parking for employees. The lot dimensions are approximately 74 feet wide and 215 feet deep. The site has one drive access onto West Central Avenue in the middle of the property. The parking for the outdoor vehicle sales will use the east access drive and exit through the access drive on the property west of the site. There is a cross lot access agreement with the property owner to the east. West Central Avenue is a five-lane arterial corridor. The north and south sides of the street are zoned LC developed with auto service businesses, retail and fast food restaurants. South of the project site is property zoned GO General Office and is developed with a dental laboratory. There is no residential zoning district that abuts the property. There are used car lots on West Central Avenue located at 5601 W. Central Avenue and 6000 W. Central Avenue. There are no used car lots from the subject site east to North McLean Boulevard. Outdoor vehicle and equipment sales uses are subject to the following supplementary use regulations control 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.

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(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. CASE HISTORY: The Westex Addition was in 1971 and the West City Addition was platted in 1976. As noted above, this case was originally heard by the MAPC on July 23, 2020; however, due to an error in the legal publication it is being reheard. ADJACENT ZONING AND LAND USE: NORTH: LC Fast Food Restaurant and an Auto Parts Store SOUTH: GO Dental Laboratory EAST: LC Retail strip center WEST: LC General Retail PUBLIC SERVICES: West Central is currently a five-lane arterial carrying 22,884 vehicles on an average day between West Street and Anna. By 2030 the traffic volume is projected to increase to 24,019 average daily trips. Municipal sewer and water services are available to the site. CONFORMANCE TO PLANS/POLICIES: The adopted Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three-mile radius. The Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The Future Growth Concept Map identifies the area “New Employment.” The Wichita: Places for People Plan identifies the intersection of Central and West Streets as a “Community Core” which emphasize greater access for those commuting by car, but are also accessible by foot, bicycle, and transit. The proposed use is within the spirit and intent of the Comprehensive Plan. RECOMMENDATION: Based upon information available prior to the public hearings, and recognizing the position of the MAPC from the July 23, 2020, meeting, staff is recommending the request be APPROVED; subject to the following 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. No more than five (5) cars for sale will be allowed on the lot at one time.

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,

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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 at all time to allow access, required screening along the south property line, parking barriers along the north property and west property lines, 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.

This recommendation of denial is based on the following findings: 1. The zoning, uses and character of the neighborhood: West Central Avenue is a five-lane arterial

corridor. The north and south sides of the street are zoned LC developed with auto service businesses, retail and fast food restaurants. South of the project site is property zoned GO General Office and is developed with a dental laboratory. There is no residential zoning district that abuts the property.

There are used car lots on West Central Avenue located at 5601 W. Central Avenue and 6000 W.

Central Avenue. There are no used car lots from the subject site east to North McLean Boulevard. 2. The suitability of the subject property for the uses to which it has been restricted: The property

is zoned LC and has an operating auto repair shop, and could continue as such a use as well as broad range of other permitted commercial uses.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Vehicle

sales on this site will introduce a new use not allowed by right in the arterial corridor at this location. The limitations outlined in the conditional use are intended to mitigate all potential detrimental impacts on surrounding properties.

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

used but the proposed use enhances the value of the property 5. Conformance of the requested change to adopted or recognized Plans/Policies: The adopted

Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the site as within the Established Central Area - the downtown core and mature neighborhoods surrounding it in a roughly three-mile radius. The Plan encourages infill development within the Established Central Area that maximizes public investment in existing and planned infrastructure and services. The

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Future Growth Concept Map identifies the area “New Employment.” The Wichita: Places for People Plan identifies the intersection of Central and West Streets as a “Community Core” which emphasize greater access for those commuting by car, but are also accessible by foot, bicycle, and transit. The proposed use is within the spirit and intent of the Comprehensive Plan.

6. Relative gain to the public health, safety and welfare as compared to the loss in value or the

hardship imposed upon the applicant: Approval would expand the uses available to allow the location to remain economically viable. Denial would presumably be an economic loss to the owners.

7. Impact of the proposed development on community facilities: There will be no negative impacts

on community facilities.

Staff Report Attachments: a. Site Plan Submitted by Applicant b. Aerial Map c. Zoning Map d. Land Use Map e. Wichita: Places for People Community Core

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AGENDA ITEM NO. 5.2

STAFF REPORT MAPC: September 10, 2020

Kechi Planning Commission: September 8, 2020 CAB 4: September 14, 2020

CASE NUMBER: PUD2020-00005 APPLICANT/AGENT: Youth Horizons, Inc. (owner/applicant)/ Baughman Company c/o Russ

Ewy (agent) REQUEST: Create the Youth Horizons – 101st Street Campus Planned Unit

Development (PUD #75) CURRENT ZONING: RR Rural Residential SITE SIZE: 38.8 acres LOCATION: On the south side of East 101st Street North and one-half mile east of

North Hydraulic (2221 East 101st Street North). PROPOSED USE: To permit “group residence, general” for at risk girls within the subject

property.

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BACKGROUND: The applicant is seeking to establish the Youth Horizons—101st Street Campus Planned Unit Development (PUD #75) to permit “Group Residence, General” for at risks girls. The subject property is presently zoned RR Rural Residential. It is located on the south side of East 101st Street North and one-half mile east of North Hydraulic Avenue (2221 East 101st Street North). The subject property is unplatted and is located within the Kechi Urban Area of Influence. Group Residence, General is defined by the Unified Zoning Code (UZC) in Section II-B.5.j as “a ‘Group Residence’ that is occupied by more than 15 persons, including staff members who reside in the facility.” A “Group Residence” is defined as “a residential facility providing cooking, sleeping, and sanitary accommodations for a group of people, not defined as a Family, on a weekly or longer basis. Typical uses include fraternity or sorority houses, dormitories, residence halls, boarding or lodging houses, children’s homes, and emergency shelters for the homeless and for victims of crime, abuse or neglect. This does not include Group Homes or Correctional Placement Residences.” The site currently consists of one single family dwelling with several accessory structures. The dwelling is setback considerably from 101st Street North. There is a pond on the east side of the site and agricultural land on the west. The proposed PUD states that the site shall be treated as if zoned RR Rural Residential except for the provision of permitting Group Residence, General. Any use permitted by Conditional Use in RR would require a formal amendment to the PUD. The text also states that it shall permit up to six residential buildings with a total maximum capacity on-site of 48 persons. This includes any family members of those who care for the girls as well as any additional staff that should come to work at the facility. The PUD drawing indicates a 50-foot setback along the entire perimeter of the property. Signage shall be in accordance with the Sedgwick County Sign Code in addition to the allowance of one free standing, 12-foot sign with a maximum square footage of 96 square feet along 101st Street. The text also contains standard language regarding architectural design and other standard development standards. The PUD language regarding access to the property describes a maximum of two openings. The site currently has one opening for the access drive to the dwelling unit. The applicant indicates they wish to provide access to the west portion of the site for the purposes of allowing farm equipment on-site to work the field. County Public Works commented that they required a minimum of 600 feet between driveways. They also want consideration taken regarding the location of the driveways across the street. The PUD text also has a statement requesting a platting exemption for this particular use on the property to allow one additional residence to be built without being required to plat. Planning staff recommends that platting shall be required upon any future issuance of building permits as is the standard within the County. The property is surrounded on the west, south, and east sides by property located within the city limits of Kechi. These properties are large lot, single family residential properties of at least 5 acres in size. Property to the north is zoned RR and is a bingo club. CASE HISTORY: There is no case history on this property. It is unplatted. ADJACENT ZONING AND LAND USE: NORTH: RR Bingo Club SOUTH: City of Kechi Single Family Residential EAST: City of Kechi Single Family Residential WEST: City of Kechi Single Family Residential PUBLIC SERVICES: The subject property currently has access to East 101st Street North only. The property is part of Rural Water District 2. Sewer is dealt with by an on-site wastewater system.

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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 property agricultural or vacant. It is also identified to be within “Other Urban Growth Areas.” Specifically, the property is within the Kechi Urban Area of Influence. RECOMMENDATION: Based on the information available at the time of the public hearing, staff recommends APPROVAL of the application subject to the platting exemption being removed from the PUD text. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The property is surrounded on the west,

south, and east sides by property located within the city limits of Kechi. These properties are large lot, single family residential properties of at least 5 acres in size. Property to the north is zoned RR and is a bingo club.

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

property is currently zoned RR and has a single family dwelling. It is suitable to continue in such a fashion.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: The

proposed Planned Unit Development for this project will provide a service to a vulnerable population in the community. The development concepts and guidelines established within the PUD as recommended will provide appropriate mitigation of any potential detrimental effect on nearby properties. The subject property is zoned RR and Group Residence, General is permitted by Conditional Use.

4. Length of time the property has been vacant as currently zoned: The subject property is not

vacant. The single family dwelling was constructed in 1955. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan:

The adopted 2035 Wichita Future Growth Concept Map of the Wichita-Sedgwick County Comprehensive Plan, the Community Investments Plan, identifies the subject property as property agricultural or vacant. It is also identified to be within “Other Urban Growth Areas.” Specifically, the property is within the Kechi Urban Area of Influence.

6. Relative gain to the public health, safety, and welfare by the destruction of the value of

plaintiff's property as compared to the hardship imposed upon the individual landowner: The proposed changes will create should create no issues to the public health, safety or welfare with the governing language of the proposed PUD text.

7. Impact of the proposed development on community facilities: There will be no impacts on

community facilities. Attachments: 1) Aerial Map, 2) Zoning Map, 3) Land use Map, 4) Recommended PUD Text,

5) Proposed PUD Drawing

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PUD2020-00005 RECOMMENDED TEXT

PROJECT DESCRIPTION:

The intent of this Planned Unit Development is to facilitate a new Youth Horizons residential campus providing services for at-risk girls.

Youth Horizons is a 501(c)(3) non-profit organization with a stated mission to empower children and their families to become healthy, productive members of the community and to create an awareness for the needs of at-risk youth.

Youth Horizons' primary commitment is to serve children and families from Sedgwick and surrounding counties. Children are referred by social service agencies, private agencies like churches and counseling centers, as well as parents or other legal guardians.

Youth Horizons' residential services provide medium- to long-term residential care at its existing facility, Kinloch Price Boys Ranch, for boys between the ages of 10-22. Youth are provided with age-appropriate responsibilities, freedoms and opportunities in an open, family-style and non-restrictive environment. Kinloch Price Boys Ranch operates four family-style group homes that have the capacity to care for up to 28 boys. This proposed residential facility will provide similar care and facilities for at-risk girls.

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 38.8 acres, more or less.

2. There shall be a minimum of two parking spaces per residential unit, and may be surfaced with an all-weather material comprised of asphalt millings, sand, gravel, or similar dust-suppressing material.

3. Setbacks are as indicated on the P.U.D. drawing.

4. A Drainage Plan shall be submitted to Sedgwick County Public Works Department for approval. Required guarantees for drainage shall be provided at the time of platting improvements.

5. Signs shall be in accordance with the Sedgwick County Sign Code, with the following additional requirements:

A. Parcel 1 is permitted one free-standing sign with a maximum of 96 sq. ft. of sign area along 101st Street North.

B. The free-standing sign shall be limited to a maximum height of 12 feet.

6. Access shall be limited to a maximum of two openings to 101st Street North. The primary access opening is as indicated on the Plan. Access drives may be surfaced with an all-weather material comprised of asphalt millings, sand, gravel, or similar dust-suppressing material, and the existing drive shall be permitted to remain in its current condition.

7. Uses in Parcel 1 shall be limited to those permitted by-right in the "RR" Rural Residential district and Group Residence (General). Any other use that requires Conditional Use approval in the "RR" Rural Residential district shall only be permitted by separate P.U.D. Amendment approval.

8. Group Residences shall be designed with a residential architectural character, including roofs that are mansard, gable or hip in style. Building elevation drawings shall be required for review and approval by the Planning Director prior to the issuance of any building permits to ensure compliance with these provisions.

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9. The subject property shall be permitted one additional residence to be built without the requirement of platting.

10. Amendments, adjustments or interpretations to this P.U.D. shall be done in accordance with the Unified Zoning Code.

11. 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.

12. 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 Director of Planning, shall constitute a violation of the building permit authorizing construction of the proposed development.

13. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration.

14. Prior to publishing the resolution establishing the zone change, the applicant shall record a document with the Register of Deeds indicating this tract (referenced as PUD #75) includes special conditions for development on this property.

PARCEL 1:

A. Net Area: 1,690,128 sq.ft.± or 38.8 acres ± B. Maximum Building Coverage: 84,500 sq.ft. or 5 percent C. Maximum Gross Floor Area: 84,500 sq.ft. D. Floor Area Ratio: 5 percent E. Maximum Number of residential buildings: Six (6) F. Maximum group residence capacity: 48 persons

G. Maximum building height to conform to Chapter 28.08 Code of the City of Wichita, but shall be not greater than 35 feet.

H. Setbacks: See Drawing I. Access Points: See Drawing J. Permitted Uses: See General Provision #7.

315 Ellis St. Wichita, KS 67211 P 316-262-7271 F 316-262-0149

ENGINEERING | SURVEYING | PLANNING | LANDSCAPE ARCHITECTURE

Baughman Company , P.A.

Baughman

YOUTH HORIZONS - 101ST STREET CAMPUSPLANNED UNIT DEVELOPMENT - P.U.D.#75

PARCEL 1

101ST STREET CAMPUSPLANNED UNIT DEVELOPMENT

PUD #75

SCALE: 1" = 100'

REVISIONS

GENERAL PROVISIONS:

YOUTH HORIZONS

LEGAL DESCRIPTION:

PARCEL 1

PROJECT DESCRIPTION:

VICINITY MAP

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AGENDA ITEM NO. 5.3

STAFF REPORT MAPC September 10, 2020

DAB IV September 14, 2020

CASE NUMBER: ZON2020-00027

APPLICANT/AGENT: LAF, LLC / Kirk Apex (owner/applicant)

REQUEST: TF-3 Two-Family Residential

CURRENT ZONING: SF-5 Single-Family Residential

SITE SIZE: 0.19 acre (+ 8,425 sq. ft.)

LOCATION: Generally located 1,600 feet west of South Seneca Street and 1,500 feet south of West Pawnee Avenue (1602 W. Dallas Street)

PROPOSED USE: Duplex

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BACKGROUND: The applicant/owner is requesting the rezoning of a vacant lot located at 1602 West Dallas from Single-Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). The applicant desires to construct a duplex on this lot in the manner depicted on the site plan drawing attached to the application. There is also an elevation rendering of the proposed duplex attached. Both documents are attached to this staff report. The subject property is approximately 8,425 square feet, (62-feet wide by 135-feet deep). The proposed site plan shows only a 20 front setback, which will not be permitted for a building permit. There is also a platted easement covering the east 5 feet of the subject property which will need to be addressed in the final citing of any building on the property. The original single-family residence was destroyed by fire in February 2020. TF-3 zoning district requires a 25-foot front setback and a 20-foot rear setback. The surrounding properties are zoned SF-5 and are developed with single-family residences. Woodman Elementary School and Truesdell Middle School are located one-and-one-half blocks west and one block north of the subject site. Westway Plaza Shopping Center is located three blocks northeast of the subject property at the southwest corner of South Seneca Street and West Pawnee Avenue. CASE HISTORY: The subject site is located in the Replat of Sowers Gardens Addition to the City of Wichita, which was recorded with the Sedgwick County Register of Deeds on April 21, 1954. No other zoning cases are associated with this property. ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family residences SOUTH: SF-5 Single-family residences EAST: SF-5 Single-family residences WEST: SF-5 Single-family residences PUBLIC SERVICES: West Dallas is a local, paved residential street with a 60-foot right-of-way. The property has access to West Pawnee Avenue and South Seneca Street by other local residential streets. Water and sewer utilities are available to the site. CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, identifies the area in which the site is located Established Central Area. The site is located within the urban infill strategy area Wichita: Places for People plan, where residential development is encouraged. The uses envisioned for redevelopment in this area include duplexes. The Community Investments Plan identifies the property as appropriate for residential and defines residential as a variety of housing types including duplexes. RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, with a Protective Overlay #353 as follows:

1. The following conditions shall apply to ZON2020-00027: a. Garages. The garage face shall occupy no more than 50 percent of the ground-level façade facing

the street and may not project more than five feet in front of the main facade. b. Entrances. Pedestrian scaled entry shall be a prominent feature of the front elevation. Front doors

shall be oriented to the street in front of the units. c. Architectural Variety. Developments shall achieve architectural variety by accommodating a

variety of architectural styles that are compatible or consistent with the surrounding neighborhood, variation of the same architectural style, and through the use of multiple design elements. Duplicative house designs adjacent to each other are highly discouraged. Simple reverse configurations of the same house design on adjacent lots are not sufficient to meet this standard.

d. Windows and Transparency. Transparent windows and/or doors facing the street are required. To meet this requirement, at least 10 percent of the façade must be transparent. The façade is measured from the base of the house to the start of the roofline and any other vertical walls facing

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the street, except for gabled portions of the facade not containing livable floor area. Garages facing the street shall count as part of the façade.

e. Roof Design. Roofs shall have variation in roof planes in order to break up the large roof mass through dormers, gables, or changes in elevation. Roof forms and roof pitches of porches, dormers and garages shall be consistent and complement the building style within the neighborhood.

f. Siding materials. Siding materials shall be appropriate to the architectural style of the structure. Traditional materials consistent with the neighborhood architectural styles are encouraged such as wood, masonry and brick. Siding materials and window trim should be consistent on all sides of the structures.

g. HVAC. HVAC units shall be located away from the front of the buildings and screened from public view through landscaping and/or screen walls.

2. The parking area shall not cover more than 50% of the front yard and trash dumpsters shall not be permitted in front of the duplex building.

3. A site plan shall be approved by the Director of Planning before any building permits are issued. 4. Prior to publishing the ordinance establishing the zone change, the applicants shall record a document with

the Register of Deeds indicating that this tract includes special conditions for development on this property. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Properties north, south, east and west of the subject

site are zoned SF-5 and are developed with single-family residences. There are no TF-3 zoned properties within approximately a 1,000-foot radius of the property. Westway Plaza Shopping Center is located three blocks northeast of the subject property at the southwest corner of South Seneca Street and West Pawnee Avenue.

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

presently zoned SF-5 Single Family Residential and the property could be developed with a new single-family dwelling.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Most platted

subdivisions that were platted prior to 1950s are predominantly single-family residences and duplexes. Because of the similarity of residential use, the UZC does not require screening between SF-5 and TF-3 zoning districts. The standards proposed in the Protective Overlay are intended to mitigate any impacts associated with the establishment of the proposed duplex.

4. Length of time the property has been vacant as currently zoned: This lot has been vacant for

approximately two years. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies:

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

6. Impact of the proposed development on community facilities: Development of the property would not

have any impact on community facilities or resources. On-site parking will be required for the new development. All public improvements are available to serve the property.

Attachments: Zoning Map Land Use Map Aerial Map Applicant Site Drawing and Elevation Proposal

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ZON2020-00028 Metropolitan Area Planning Commission Page 1

AGENDA ITEM NO. 5.4

STAFF REPORT

MAPC September 10, 2020 DAB IV September 14, 2020

CASE NUMBER: ZON2020-00028 APPLICANT/AGENT: K2 Properties, LLC / Kirk Apex (owner/applicant) REQUEST: TF-3 Two-Family Residential CURRENT ZONING: SF-5 Single-Family Residential SITE SIZE: 0.154 acre (+ 6,706 sq. ft.) LOCATION: Generally located four blocks west of South West Street and one-and-one-half

block south of West Central Avenue PROPOSED USE: Duplex

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BACKGROUND: The applicant/owner is requesting the rezoning of a lot located at 538 North Anna Street from Single-Family Residential (SF-5) to TF-3 Two Family Residential (TF-3). TF-3 zoning district requires a 25-foot front setback and a 20-foot rear setback. The subject property is approximately 6,706 square feet. The existing structures on the lot will be demolished. The surrounding properties are zoned SF-5 and are developed with single-family residences. There are TF-3 zoned lots within a 1,000 feet radius of the property. There is LC Limited Commercial zoned lots located one-half block south of the subject property at all four corners of the intersection of West St. Louis Avenue and North Anna Street. CASE HISTORY: The subject site is located in the Orchard Park Addition perfected in May, 1929. No other zoning cases are associated with this property. ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family residences SOUTH: SF-5 Single-family residences EAST: SF-5 Single-family residences WEST: SF-5 Single-family residences PUBLIC SERVICES: North Anna Street is a local, paved collector street with a 70-foot right-of-way with on-street parking on both sides of the street. The property has access to West Central Avenue and west 2nd Street by other local connector streets. Water and Sewer Utilities are available to the site and can accommodate any additional demand created by the zone change. CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, identifies the area in which the site is located Established Central Area. The site is located within the urban infill strategy area Wichita: Places for People plan, where residential development is encouraged. The uses envisioned for redevelopment in this area include duplexes. The Community Investments Plan identifies the property as appropriate for residential and defines residential as a variety of housing types including duplexes. RECOMMENDATION: Based upon the information available at the time the staff report was completed, staff recommends APPROVAL of the request, with a Protective Overlay #354 as follows:

1. The following conditions shall apply to ZON2020-00028: a. Garages. The garage face shall occupy no more than 50 percent of the ground-level façade facing

the street and may not project more than five feet in front of the main facade. b. Entrances. Pedestrian scaled entry shall be a prominent feature of the front elevation. Front doors

shall be oriented to the street in front of the units. c. Architectural Variety. Developments shall achieve architectural variety by accommodating a

variety of architectural styles that are compatible or consistent with the surrounding neighborhood, variation of the same architectural style, and through the use of multiple design elements. Duplicative house designs adjacent to each other are highly discouraged. Simple reverse configurations of the same house design on adjacent lots are not sufficient to meet this standard.

d. Windows and Transparency. Transparent windows and/or doors facing the street are required. To meet this requirement, at least 10 percent of the façade must be transparent. The façade is measured from the base of the house to the start of the roofline and any other vertical walls facing the street, except for gabled portions of the facade not containing livable floor area. Garages facing the street shall count as part of the façade.

e. Roof Design. Roofs shall have variation in roof planes in order to break up the large roof mass through dormers, gables, or changes in elevation. Roof forms and roof pitches of porches, dormers and garages shall be consistent and complement the building style within the neighborhood.

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f. Siding materials. Siding materials shall be appropriate to the architectural style of the structure. Traditional materials consistent with the neighborhood architectural styles are encouraged such as wood, masonry and brick. Siding materials and window trim should be consistent on all sides of the structures.

g. HVAC. HVAC units shall be located away from the front of the buildings and screened from public view through landscaping and/or screen walls.

2. The parking area shall not cover more than 50% of the front yard and trash dumpsters shall not be permitted in front of the duplex building.

3. A site plan shall be approved by the Director of Planning before any building permits are issued. 4. Prior to publishing the ordinance establishing the zone change, the applicants shall record a document with

the Register of Deeds indicating that this tract includes special conditions for development on this property. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The surrounding properties are zoned SF-5

and are developed with single-family residences. There are TF-3 zoned lots within a 1,000 feet radius of the property. There is LC Limited Commercial zoned lots located one-half block south of the subject property at all four corners of the intersection of West St. Louis Avenue and North Anna Street.

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

is presently zoned SF-5 Single Family Residential and the property could be developed with a new single-family dwelling.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Most

platted subdivisions that were platted prior to 1950s are predominantly single-family residences and duplexes. Because of the similarity of residential use, the UZC does not require screening between SF-5 and TF-3 zoning districts.

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

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

5. Impact of the proposed development on community facilities: Development of the property would

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

Attachments: Zoning Map, Land Use Map, Aerial Map, Site Plan and Elevation

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ZON2020-00029 Metropolitan Area Planning Commission Page 1

AGENDA ITEM NO. 5.5

STAFF REPORT

MAPC September 10, 2020

CASE NUMBER: ZON2020-00029 APPLICANT/AGENT: Kirk & Holly Ives (owner) REQUEST: RR Rural Residential CURRENT ZONING: LI Limited Industrial with Protective Overlay PO-75 SITE SIZE: 6.74 acres LOCATION: Generally located southeast of West 95th Street South and South 71st Street

West (6701 West 95th Street South). PROPOSED USE: Single-Family Residence

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BACKGROUND: The applicant/owner is requesting the rezoning of the subject property from LI Limited Industrial to RR Rural Residential in order to build a personal residence on the acreage they purchased. The property is located east of South 71st Street West and south of West 95th Street South. The subject property is developed with a single-family home, and a site plan provided by the applicant indicates that a home with attached garage and a shop will eventually be built on site, apparently to replace the existing home. The subject property is approximately 6.74 acres, with 525 linear feet of frontage along West 95th Street South. The RR zoning district requires a 30-foot front setback, a 25-foot rear setback, and a minimum lot area of 2 acres for a single-family residence. There is adequate land area to meet the develop requirements under the Unified Zoning Code (UZC). Platting may be required to obtain a building permit for the house. In 2000, the site was rezoned from RR Rural Residential to LI Limited Industrial with Protective Overlay #75, (ZON2000-00025) to allow the establishment of a vocational school for heavy equipment operators. Operating Engineers 101 was the applicant of the request to rezone the 80-acre property for the apprentice training program on this site. Protective Overlay #75 limits the uses on site to agriculture; vocational school; vehicle repair, limited; storage, outdoor; and any use determined by the Zoning Administrator to be necessary for or accessory to the operation of a heavy equipment apprenticeship program. It is staff’s understanding the vocational school operation has been discontinued and all the land has been sold to other people. The subject property was acquired by the applicant in order to construct a new home. North of the subject property, across 95th Street, is property zoned RR Rural Residential and developed as agricultural. East and south of the subject property is property zoned LI Limited Industrial, and used for agricultural purposes. West of the subject property is property zoned RR Rural Residential and developed as residential and agricultural. CASE HISTORY: The subject site has not been platted. In 2000, the site was rezoned from RR Rural Residential to LI Limited Industrial with Protective Overlay #75, (ZON2000-00025), as noted above. ADJACENT ZONING AND LAND USE: NORTH: RR Agricultural SOUTH: LI Industrial EAST: LI Industrial WEST: RR Residential/Agricultural PUBLIC SERVICES: West 95th Street South is an un-paved, two-lane rural road. Municipal services are not available near the property. Development will require on-site water and wastewater services, complying with the Sedgwick County Sanitation Code. CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map identifies the area in which the site exists as Rural Growth. This category is described as follows: “Encompasses land outside the 2035 urban growth areas for Wichita and the small cities. Agricultural uses, rural-based businesses, and larger lot residential exurban subdivisions likely will be developed in this area.” As such, this request is consistent with the adopted 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:

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1. The zoning, uses and character of the neighborhood: North of the subject property, across 95th Street, is property zoned RR Rural Residential and developed as agricultural. East and south of the subject property is property zoned LI Limited Industrial, and used for agricultural purposes. West of the subject property is property zoned RR Rural Residential and developed as residential and agricultural.

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

property is presently zoned LI Limited Industrial, which will not allow the proposed use. RR Rural Residential is a less intensive land use and would allow fewer and less intense uses on the site.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: RR

Rural Residential is a less intensive land use and would allow fewer and less intense uses on the site. The rezoning of the parcel to RR Rural Residential will not detrimentally affect nearby properties.

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

includes a single-family home, but is mostly undeveloped. The length of time the property has been developed in this manner is unknown.

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

policies: The Wichita-Sedgwick County Community Investments Plan, 2035 Future Growth Map identifies the area in which the site exists as Rural Growth. This category is described as follows: “Encompasses land outside the 2035 urban growth areas for Wichita and the small cities. Agricultural uses, rural-based businesses, and larger lot residential exurban subdivisions likely will be developed in this area.” As such, this request is consistent with the adopted Comprehensive Plan.

6. Impact of the proposed development on community facilities: West 95th Street South is an un-

paved, two-lane rural road. Municipal services are not available near the property. Staff Report Attachments:

1. Aerial Map 2. Zoning Map 3. Land Use Map 4. Site Plan 5. Protective Overlay #75 6. Photos

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Protective Overlay #75

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Site Looking Southwest

Site Looking South

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North of Site

East of Site

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Property East of Site

ZON2020-00030 Metropolitan Area Planning Commission Page 1

AGENDA ITEM NO. 5.6

STAFF REPORT MAPC – September 10, 2020 DAB III – September 2, 2020

CASE NUMBER: ZON2020-00030 APPLICANT/AGENT GJG, LLC—Gary Vandebruinhorst (Owner)

Kaw Valley Engineering—Levi Bond (Agent) REQUEST: GC General Commercial CURRENT ZONING: SF-5 Single-family Residential SITE SIZE: 3.61 acres LOCATION: Generally located on the east side of South Broadway Avenue and one-half mile

south of East 47th Street South. PROPOSED USE: For the highest and best use

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BACKGROUND: The applicant is requesting the rezoning the subject property from SF-5 Single Family Residential (SF-5) to GC General Commercial (LC) in order to permit development of the property to its highest and best use. The site is located on the east side of South Broadway Avenue approximately one-half mile south of East 47th Street South (5136 South Broadway Avenue). Abutting and adjacent properties on all sides of the subject property are zoned SF-5. Rezoning this property will require compliance with all applicable screening, lighting, and compatibility setback standards as outline in Section IV of the Unified Zoning Code (UZC). Rezoning the site to GC allows for a mixture of residential, public/civic, and commercial uses as outlines in the UZC. The 3.61 acre site has a single family dwelling unit and several accessory structures. The existing building is listed on the Sedgwick County Appraiser’s Office records as being a single-family detached dwelling and farming/ranching operation. No information was submitted by the applicant or agent of the proposed uses of the property. The neighborhood is mixed in uses. Property abutting to the north is zoned SF-5 and is a plant nursery. Properties further north on Broadway are zoned GC and include a car wash, a tire repair shop, a bank, a second hand clothing store a pawn shop, and a restaurant. Property to the east is zoned SF-5 and is undeveloped land. Property to the south is zoned SF-5 and is a church. Properties further south are zoned LC Limited Commercial and GC. They include an auto parts store and bank. Property to the west, across South Broadway is zoned SF-5, which is a church, and GC, which is undeveloped land. CASE HISTORY: The property was platted as Lot 14, Nolan Gardens Addition, Wichita, Sedgwick County, Kansas, on December, 21, 1925. There is no other history of zoning activity on this site since 2000. ADJACENT ZONING AND LAND USE: North: SF-5 Plant Nursery South: SF-5 Church East: SF-5 Undeveloped land West: SF-5 Church PUBLIC SERVICES: South Broadway Avenue is a paved, four lane arterial street. East Custy Street is a gravel, single lane, local street. All municipal services are available near the property, but may need to be extended. 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 area in which the site as New Employment. This category is described as follows: “Encompasses areas that likely will be developed or redeveloped by 2035 with uses that constitute centers of concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices. Major shopping centers and office parks likely will be developed in the area as well, based upon market driven location factors.” The area is also located in the South Wichita/Haysville Plan which promotes future residential and commercial development. This area is located outside of the Wichita: Places for People Plan. RECOMMENDATION: Based upon the information available at the time the staff report was prepared it is recommended that the request for GC General Commercial zoning be APPROVED, based on the following findings: 1. The zoning, uses and character of the neighborhood: Property abutting to the north is zoned SF-5 and is

a plant nursery. Properties further north on Broadway are zoned GC and include a car wash, a tire repair shop, a bank, a second hand clothing store a pawn shop, and a restaurant. Property to the east is zoned SF-5 and is undeveloped land. Property to the south is zoned SF-5 and is a church. Properties further south are zoned LC Limited Commercial and GC. They include an auto parts store and bank. Property to the west,

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across South Broadway is zoned SF-5, which is a church, and GC, which is undeveloped land. 2. The suitability of the subject property for the uses to which it has been restricted: The lot has an

existing single-family home with accessory structures. This use could continue on the lot. GC zoning exists to the north and south and the site could be granted GC zoning without being out of context with the surrounding area.

3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of GC

zoning would allow a wider range of uses to be constructed on the property. Because the property abuts residential zoning, the applicable screening, lighting, and compatibility setbacks outline in Section IV of the Unified zoning code will mitigate any negative impacts.

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

single family residence and agricultural use for many years. 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 presumably expand commercial opportunities for the neighborhood which is generally considered a gain to the public welfare. 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 area in which the site as New Employment. This category is described as follows: “Encompasses areas that likely will be developed or redeveloped by 2035 with uses that constitute centers of concentrations of employment primarily in manufacturing, warehousing, distribution, construction, research, technology, business services, or corporate offices. Major shopping centers and office parks likely will be developed in the area as well, based upon market driven location factors.” The area is also located in the South Wichita/Haysville Plan which promotes future residential and commercial development. This area is located outside of the Wichita: Places for People Plan.

7. Impact of the proposed development on community facilities: Existing municipal facilities are already

available to the property, but may need to be extended. Attachments:

1. Area Map 2. Zoning Map 3. Land Use Map

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