METROPOLITAN AREA PLANNING COMMISSION MINUTES January 13, 2000 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held Thursday, January 13, 2000 at 12:45 p.m. in the Planning Department Conference Room, 10th Floor, City Hall, 455 North Main, Wichita, Kansas. The following members were present: Frank Garofalo, Chair; James Barfield (late arrival); Chris Carraher; Bud Hentzen; Bill Johnson; Ron Marnell (late arrival); Susan Osborne-Howes; George Platt; Ray Warren; and Deanna Wheeler. Richard Lopez; John W. McKay, Jr.; Jerry Michaelis; and Harold Warner were not present. Staff members present were: Marvin Krout, Secretary, Dale Miller, Assistant Secretary; Donna Goltry, Principal Planner, Lisa Verts, Senior Planner, Barry Carroll, Associate Planner, and Karen Wolf, Recording Secretary. 1. Public hearing to consider adopting the Center City Neighborhood Development Plan. GAROFALO “This is a public hearing to consider adopting the Center City Neighborhood Development Plan as an element of the Comprehensive Plan. Ray Ontiveros is here to present this.” RAY ONTIVEROS, Planning staff “Thank you so much for your attendance. It is important that the neighborhood plans receive attention and the care and review that they deserve. It is a growing wave of activity regarding communities across the Country, as well as the groups that have been behind these. In our case, we have a good combination of individuals and groups and there are a few members and pastors here from the Center City Organization Revitalization effort to discuss this. To begin with, this is to take a neighborhood plan to adoption. This is really the first one, although we have had a couple of other neighborhood plans done a few years back, including the Northeast Neighborhood Plan and the Plainview Plan. These plans can be very useful, as they do carry a lot more weight with funding agencies once they are adopted. What we are hoping to do is to present a string of neighborhood plans, developed with the community, the local businesses, the local governments, and now, as I mentioned, a growing body of interfaith participants, congregations, etc. Adoption is needed so that these organizations can start working at the grass roots level and pick up funding, pick up support from foundations, charitable organizations, from the Federal Government, from State government perhaps, if they should have the funds. This is the first one, and I just have a very simple ‘who,what,when,where’ type of a presentation here, and then I will let some of the members who have been active say a few words if they are interested. Then we will turn it over to questions or if anyone from the audience wants to speak.” This is a Wichita project. It is done in concert with the Center City Organized Revitalization Effort (C.O.R.E.), a committee led by ten ministers right now, for the current way it is organized. That group, C.O.R.E., is looking at incorporation itself as a not- for-profit community development corporation. The plan was done with funding provided by the State. The State was able to help us last year, we did receive money last year or so, $15,000, and that helped be the catalyst to get this plan done. It was prepared by a firm called Development Concepts of Indianapolis, Indiana. They were here about two months ago and discussed it with the Planning Commission. They have also presented the initial findings before the County Commissioners and the City Council. Their contract is up on this plan. They are not here now; the C.O.R.E. group is taking over. That is the acronym for the group I mentioned. The plan is a guide, just like the Comprehensive Plan is a guide to development for the City and County. It is a guide to a much more narrowly defined neighborhood. In this case, it was the church groups (that will be talking more about this later) that really came up with the vision. So we just put some boundaries to it, the Development Concepts people really worked with this organization to make the plan become a reality in having the guide to the physical development of the area. The consulting group, Development Concepts, really appreciated working here in Wichita. It was their first time in this area and they enjoyed working with the level of interest that folks had in doing some things like this, planning at the neighborhood level. They were appreciative of getting a chance to speak before the County, the City Council and you. So I will relate that to them later. They will still be forwarding us three more plans. This plan is for the area just immediately to the north of the downtown area, roughly Second Street on the south, Ninth Street on the north, although it doesn’t cover the Via Christi campus, Main Street on the west down to the Santa Fe Railroad tracks on the east. The plan boundaries, were to be a little bigger than the area they initially discussed because we tried to do as much planning with these consultants as we could. Obviously, if you have the opportunity, we try to get some more blocks covered. But, it probably was as much as they could handle for that contract amount. As I said, they enjoyed it, and produced a document that is an initial step here because there is a lot of implementation, that I will talk about later, that still needs to be done. It is not a plan for rezoning, it is not a plan for a precise site development plan, like a CUP. It doesn’t identify every parcel and say what it is going to be used for. It does identify uses by block with a lot of flexibility in terms of being able to put commercial offices, medical offices and housing in certain areas, etc. So it is trying to become more detailed than the Comprehensive Plan, but yet maintain some flexibility to allow the neighborhood to breath. It is trying to have some room to bring in new ideas and fit those places without being so precise and dictating exactly what should be there. Obviously, rezoning is an implementation tool that will be playing a part in this or other plans later. It may or may not require areas to be rezoned, but when we get to this stage, if this plan were to be adopted, the next stages are actually dealing with property owners about needed changes, about developments on vacant parcels, etc. A lot of negotiation, in the traditional development process, goes on before the developer has a vacant piece of land and is are able to come up with ideas and concepts. In this case, we need that land assembly and we have to work with people to get that to become a reality. That is what one of the difficulties will be. The ‘when’ part of this, (when these things happen), depends on when this plan is adopted. We will be able to take it to business groups, local lenders; to foundations; charitable organizations; corporations. These groups need two things. They would like to see a physical plan of what this group, this Neighborhood Association, or this church group, have in mind in case of future loans, future grants, and assistance, and also a business plan to make sure that that plan has a financial basis and backing that is reasonable. So this is the physical plan that you have here. The second thing is a business plan which will be more of their business. That doesn’t have to be adopted, of course, by the Planning Commission. Work began, as I mentioned, last Spring, in April of 1999 when the consulting firm was hired, and this is the last stage here. After this, we go to the City for adoption to complete the process. The dream really began for this project a couple of years ago when these churches first organized in 1997, maybe in late 1996, before I was involved with them. I have, in my notes, why and how this is going to come about, but I want to leave some room here for others to discuss. Basically, why we need the adoption is to meet the goals of revitalizing the older parts of the City. These neighborhood groups and church groups know that there needs to be something done to avoid the issues faced and the problems faced by the larger cities across the Country, and the depths to which we could sink in terms of blight. We certainly have a great opportunity to get a handle on these conditions early and try to make some changes. We know that everything won’t be 100% reversed and that these changes take time, but it is a good chance here to really get started and work with upcoming groups, including state and federal organizations that are aiming at revitalization. The plan relates to the Comprehensive Plan update that we have been talking about, the trends and the conservation option. This neighborhood plan helps to meet some of the conservation and redevelopment objectives that the Planning Commission is promoting. The ‘how’ we will talk about later, probably as questions come up. Implementation it will really require a concerted effort, a dedicated focused effort by the group to keep on top of things with the local lending community; with interested developers and builders; with the federal government and their funding sources; with state government with local fund raising here in the community; and with the city and county and state governments as far as regulations and changes that would need to be made to revitalize this neighborhood or others. Some of that is already in the works with incentives being proposed and discussed by the City. Hopefully, the County will be on board, too, because the County has seen some of this work and is very supportive of what is happening. So, at this point, this ends the presentation that I wanted to make. We had some slides of the earlier maps the consultants had, and I didn’t want to show those because it would be confusing. Also, I do apologize, (and we have extra copies) if you did not receive a copy. I will get one in your hands. The copy is a little bit tinted here because of the paper that they used to make the copies. I have a couple of cleaner ones. The copies I wanted to use were not ready today. But these are just the same material. That is my discussion for now. Are there any questions?” GAROFALO “Do we need to hear from anyone else now, Ray?” ONTIVEROS “I don’t know how many are here to speak, but it is open to the public.” GAROFALO “That’s right, this is a public hearing. Is there anyone else who wants to speak on this?” KELLY BENDER “I will be brief. I am the senior pastor of the First United Methodist Church here in downtown Wichita and chairperson of C.O.R.E. Our Council of directors is represented here today by Hannah McCann, who is the executive director of Habitat for Humanity and a member of our Council of Directors. Next to her is Rick Cline, who is the pastor of the Central Church of Christ and Rene Minshew, who is the pastor of the First Presbyterian Church. Those are three of the ten downtown congregations that have been participant and have been founding members of C.O.R.E. and who first began the conversations around the vision to foster community through residential projects in the Center City, projects that would seek to be inclusive, diverse, and cosmopolitan. As a pastor whose ministries are based on volunteers, I appreciate the volunteer efforts that you give on behalf of our community. As a pastor, I also know how difficult it can be to get a quorum of volunteers, so I am grateful that you are here today. Just let me say that as downtown congregations, we know that in order for us to be vital, we must be attentive to our immediate neighborhood, and that is a particular challenge for us because as downtown congregations, the vast majority of our members come in from the suburbs. We also know that in order for our neighborhood to ‘be all that it can be’, more people need to live in it. And we also believe that a city is only as strong as its center; as its heart; its core. There is knowledge based on all kinds of data across the Country, that if a city doesn’t stay vital, if it isn’t revitalized at its heart, then it will fall far short of the city that its inhabitants and citizens would long for it to be. So we urge your support that our C.O.R.E. project; that our development project be included in your Metropolitan Comprehensive Plan. I will stop there. If there are any questions, if I can’t answer them, I am sure that Ray can. But thank you for your time and for your consideration today.” GAROFALO “Thank you, Reverend. We will hold up on questions until we have heard from everyone. Is there anyone else who would like to speak?” RICK CLINE “I work at the Central Church of Christ downtown. You give a preacher an open microphone and that can be pretty dangerous. The next thing, we will be passing the hat, I suppose. I will just take a moment and reaffirm what Kelly has said as the leader of a downtown church. About two years ago, we went through a process of determining whether to stay or move as most of the downtown churches have, in recent years. We had that kind of a discussion, and we believe it is important that there still be a vital presence of churches downtown. But at the same time, we also recognize that we have some responsibility to this downtown community if we are going to be good citizens and good members of that community. So we made that commitment and we stand behind that commitment and we are very interested in working with this project and our members being part of this project as it continues to develop. So we really do appreciate your consideration of it and really hope that you will pass this and give it an adoption so we can move on to the next stages. We have some very exciting discussions going on about what could be. Thank you very much for your time.” GAROFALO “Thank you. Is there anyone else who would like to speak?” RENE MINSHEW “I am the pastor of the First Presbyterian Church. As was stated earlier, preachers never turn down a chance to speak. I spent 45 years of my life on the east coast, but all of my pastoring years have been in downtown congregations because I believe that the downtown area is the life’s blood of any community. I don’t lend my support to very many things because I could be very thin in my time commitments. Yet, when I was discussing issues with other pastors in this community about revitalizing the downtown area I thought that this was a project that I need to lend my support and my church’s support to. And yes, the First Presbyterian Church has gone through the discussion of should we stay or leave, and the vast majority of the people said ‘no, we are going to stay, and we would like to have the community itself grow with us in the downtown area’. So I would appreciate your support of this project as well.” GAROFALO “Is there anyone else who would like to speak?” HANNAH MC CANN “I am the Executive Director for Wichita Habitat for Humanity, and I guess I was instructed on my way up here to tell you of my connection to a church. My husband is a pastor in this community, so I get to have the microphone today instead of him. As Habitat for Humanity, many of you know us as that organization that is Jimmy Carter’s organization, or the organization that builds houses. But Habitat has a far higher call in that we are not only building houses, we build communities. Our work throughout the nation, as well as here in Wichita, our outcome would be that we would help to build community, even when we are building one house, we are hoping that by building that one house in that community, we will further the growth of the community and make that community better. That is where Wichita Habitat sees its role with C.O.R.E., to help as the process develops to bring community back to that area of the town, which is very important. We still have many families that call and are asking for our assistance. They want to live in that area, so we feel that it is a good investment of our time and resources to help with this project and revitalize that area. Thank you.” GAROFALO “Is there anyone else to speak? Okay. Seeing none, we will bring it back to the Commission for questions or comments.” PLATT “I would like to ask all of the speakers, or maybe they have just one answer and that would be fine, but if you could accomplish in terms of this plan, one thing in the next twelve months, what would you like to come back and report to us a year from now that has been accomplished?” BENDER “I would like to be able to come back a year from now and report to you that we have the dollars in hand from a broad coalition of private and public funding, city and county support so that we are well under way and purchasing property options. That we have received enough dollars that we actually have a person who is acting on our behalf, that is staff hired by C.O.R.E. We are engaged in full-time ministries and jobs and we are volunteering as you do, but we are reaching the point where we are going to have to have someone giving undivided attention to this. And with the dollars beginning to roll in that would allow us to actually purchase properties, hopefully it would be a developer that would catch a sense of our vision for the center city. We are realists. We know what the opportunities and challenges are going to be, but we are also excited about a base of support that continues to grow and continues to be ever more broad.” WARREN “As you see, and I am sure you are realizing and acknowledging that the government is probably going to be have to be involved, the City and County, but as you thought about this, do you see that effort being focused, maybe, into a common area or a single area where you would start at that area and maybe have a land acquisition to an amount that then would be attractive to a developer as yet?” BENDER “You will understand when I say that we have tried to be non-descript in terms of where the first phase might be because of implications around property values, but we have identified three different phases. The first phase we anticipate would total in the neighborhood of some $12 million. Once we can put together the timing with the funds in hand to purchase the property options, we will begin to show our hand further in terms of where that first phase would be, but yes, we have identified that. I would also want to say to you that another key player in this is Via Christi, the Regional Medical Center. And they recognize that it is not only an opportunity for them to make an impact in the community, but that it will benefit them as well because we are talking about their immediate neighborhood.” WARREN “So you speak of $12 million or a figure that you are hoping for, then you are looking as the first priority that that would go towards land acquisition?” BENDER “Land acquisition, purchase of property, the staffing that we need and then, I think, in terms of development.” ONTIVEROS “Development is the bulk of that $12 million. The land acquisition is more like $1.2 million. But the $12 million is private and public dollars. It is for constructions costs, sidewalks, other improvements, etc.” WARREN “Are you in a position that if you got this block of land that it would not be attractive to a developer, therefore you would have to have public money to develop it? Is that what I am hearing, Ray?” ONTIVEROS “There may be a need for public dollars in sidewalks or street improvements or closing of streets or landscaping. We do think that, depending on the level of incentives that are offered by the City, or by C.O.R.E., that for some developers that may be enough, just some land. Others may need a little bit more. It depends on who we get.” BENDER “We think, though, that it will require added incentives for it to happen, yes, given the neighborhood. Just like it takes added incentive for folks to hang in with our downtown congregations because they drive by two or three or four different churches of their own denomination, our denomination, to get to us. It is a challenge being in the center city. We know that, you know that, and developers are engaged elsewhere primarily right now. At least that is my perception. So, yeah, we are going to need help.” GAROFALO “Reverend, I have a question. The financing of this project or projects, in your discussions and your studies and the consultants, what is the break down on monies? Do you really look for any private money at all? I am thinking about land acquisition.” BENDER “We have both city and county represented at the table, in terms of our Council of Directors. As members of the Council of Directors, we have visited key personnel in each of lending institutions, banks, here in the community. The congregations will be stepping up. I am in conversation with my folk that we will actually purchase the property as a part of the C.O.R.E. project and move a pastor in there. Hannah has indicated that Habitat for Humanity is interested in what we are doing, so public and private, city and county, banks, wherever we can find it, but it will have to be broad based and creative.” GAROFALO “But do you envision most of it being public money?” BENDER “When you talk about most of it, I think the response would be no. Ray?” ONTIVEROS “On Page 52 of the Plan, there is a little table that talks about the leveraging of private and public dollars. For development, Frank, that would be more like $1 public, $4 private, but for land acquisition, that is under predevelopment costs and is more like $2 public, $3 private. That wasn’t seen quite as 50-50, but there is still probably a lot of public effort to get the ball rolling. That is the consultant’s estimate on that. We are kind of working with that.” GAROFALO “Thank you. Are there any other questions?” OSBORNE-HOWES “I just had a quick question about the surveys that were at the end. Who is the best person to address this to? Ray, would that be you? How did you go about deciding who you would survey? Did the consultant do that? Just identify two of the largest employers and some of the churches?” ONTIVEROS “Yes, the consultant had some ideas on who should be surveyed. For part of that surveying, we had some of the membership in C.O.R.E. involved, for example. Bank of America had a representative who took some of the surveys to give to their employees and it was more to get a quick appraisal of what the interest was. Not so much a survey to be so scientific to give a proof of something, but to gauge interest.” OSBORNE-HOWES “I just noticed that the First United Methodist Church wasn’t in here. I am a member of St. Mary’s Cathederal, and it looked like the survey was just done in Spanish, so I am going to assume that that was probably done after the afternoon Sunday mass.” ONTIVEROS “Right. In that case, there was some discussion about the Hispanic community being interested because of all of the people that come into that church on Sunday, and that was seen as ‘let’s try to get some feedback from those folks to see if they would be interested in participating’.” OSBORNE-HOWES “I noticed that it was a slightly different survey, too.” ONTIVEROS “Very simplified, too. We had to because the translators wanted that.” BENDER “I would make the response that I was in Poland when that survey was taken and there was a small window and because I wasn’t at the table, it didn’t happen, but we have been in conversation. You will notice that a piece of our vision includes an assisted living center. We have folk in our congregation who have centered their lives in the congregational life and I know who, without question would value the opportunity to remain in the center city in an assisted living center if there was a community that was perceived to be safe and secure. And they would have greater access to their congregations than they now have in the centers that are out in the suburbs. We have done an informal survey and have discovered that there is interest, but again, those are self-report kinds of surveys and the proof will come when there is opportunity for persons to step up and relocate.” WARREN “It would seem to me that our most successful effort over the last 25 years of redevelopment downtown has been where a large block of land was made available. I am talking about from Murdock down to First Street, the river area there where we have seen tremendous redevelopment efforts. I would wonder why most of that money wouldn’t be used for land acquisition. If you get open land, you will get a developer.” ONTIVEROS “That is certainly part of the goal to get enough parcels together to make an attractive piece because of the diverse ownership. Also the group, C.O.R.E., is very interested in protecting some of the low and middle income residents. That is also going to be a part of this, but trying to find those sites on a somewhat private approach without Urban Renewal, for example, takes a little longer. That is why we need the City and the Federal Government, perhaps to provide some incentives or some kind of tools, like a redevelopment agency that the state could have or the City could have. If we had the ability to do some things that some other states do.” WARREN “I guess I am concerned about the numbers I was hearing you quote of around $1-1/2 million for land acquisition and the balance for some kind of development, which would indicate to me that land acquisition is a big part of what you are looking at in that first budget.” ONTIVEROS “That land acquisition is not, did you say?” WARREN “I thought I heard you say $1-1/2 or $2 million for land acquisition out of the $12 million, which means that you are not going to put a lot of priority on land acquisition.” ONTIVEROS “Well, again, there are going to be a number of buildings in the areas where we have been looking at that probably will need to stay because of excessive prices that they want and the condition of the building and who they are serving, so that amount doesn’t mean every parcel within this boundary that has been identified would be purchased. ” BENDER “We are talking infill as a major part of our strategy, so as much of it as we can, particularly in the area that we have identified, would be our first phase.” GAROFALO “I just want to make a comment. On Page 26 of the report, at the top I kind of question what it says there. It says ‘because the Wichita Metropolitan market has not shown a demand for significant multi-family housing construction, in part due to the volume of construction in the early 1980s’. I am not sure that is valid anymore. There is a lot of multi-family construction that has been going on in the last few years.” ONTIVEROS “Yes, a lot of it did happen just two years ago.” GAROFALO “By the time anything gets started down here, I don’t know, we may be overbuilt in multi-family. We probably are.” KROUT “It usually goes in cycles. Maybe two years from now, the market will be better. This is a special niche, too.” ONTIVEROS “Exactly. Marvin is right about that.” WHEELER “And by the time we get this project to actually occur….” GAROFALO “Are there any other questions? Any other comments? Okay. We will take it back to the Commission. I think the action we have to take is on a resolution.” MOTION: That the Metropolitan Area Planning Commission recommend that the Center City Neighborhood Plan be adopted as a part of the Wichita-Sedgwick County Comprehensive Plan. GAROFALO moved, OSBORNE-HOWES seconded the motion, and it carried unanimously (9-0). KROUT “We will forward this recommendation on to the City Council and County Commission for their adoption.” OSBORNE-HOWES “Just a comment. I think this is real exciting and I really liked the report. Good for you all.” -------------------------------------------------------------------------------- 2. Approval of MAPC minutes October 28, 1999 GAROFALO “Are there any corrections, changes or addition?” MOTION: That the minutes be approved as submitted. WHEELER moved, PLATT seconded the motion, and it carried unanimously. (9-0). ---------------------------------------------------------- FRANK GAROFALO, Chair, read the following zoning procedural statement which is applicable to all City of Wichita zoning cases: Before we begin the agenda, I would like to take this opportunity to welcome members of the public to this meeting of the Metropolitan Area Planning Commission. Copies of the agenda for today's meeting, the public hearing procedure, and copies of staff reports on zoning items are available at the table nearest to the audience. The Commission's bylaws limit the applicant on a zoning or subdivision application and his or her representative(s) to a total of ten minutes of speaking time at the start of the hearing on that item, plus up to two minutes at the conclusion of that hearing. All other persons wishing to speak on agenda items are limited to five minutes per person. However, if they feel that it is needed and justified, the Commission may extend these times by a majority vote. All speakers are requested to state your name and address for the record when beginning to speak. When you are done speaking, please write your name and address, and the case number, on the sheet provided at the table nearest to the audience. This will enable staff to notify you if there are any additional proceedings concerning that item. Please note that all written and visual materials you present to the Commission will be retained by the Secretary as part of the official record. If you are not speaking, but you wish to be notified about future proceedings on a particular case, please sign in on that same sheet. The Planning Commission is interested in hearing the views of all persons who wish to express themselves on our agenda items. However, we ask all speakers to please be as concise as possible, and to please avoid long repetitions of facts or opinions which have already been stated. For your information, the Wichita City Council has adopted a policy for all City zoning items, which is also available at the table with the other materials. They rely on the written record of the Planning Commission hearings and do not conduct their own additional public hearings on these items. ------------------------------------------------------------------------------------ 3. Subdivision Committee items 3/1, 3/2, 3/3, 3/4, 3/6, 3/7 and 3/8 were approved subject to the Subdivision Committee recommendations. PLATT moved, OSBORNE-HOWES seconded the motion, and it carried unanimously (9-0). 3/1. S/D 95-56 – Final Plat of BALTHROP 4TH ADDITION (Formerly CLARK ADDITION)), located north of Central, on the west side of K-96 Expressway. A. As this site is adjacent to Wichita’s city limits, the applicant shall submit a request for annexation. If the Applicant chooses to complete the plat prior to annexation, both City and County consideration is needed and the County Commissioner signature block will be required. B. The applicant shall guarantee the extension of sanitary sewer to serve the lots being platted. This guarantee shall be with the County for service through the Four Mile Creek sanitary sewer system. On the final plat tracing, appropriate wording shall be added to the Mayor’s signature block indicating the City’s agreement to allow a County sewer district to be formed within the City. County Engineering requests a sanitary sewer layout. C. The applicant shall guarantee the extension of City water to serve the lots being platted. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. City Engineering needs to comment on the status of the applicant’s drainage plan. City Engineering has approved the drainage plan. A drainage guarantee and an off-site drainage agreement is required. F. The applicant shall provide a guarantee for the paving of the interior streets. This guarantee shall also provide for a sidewalk along one side of the looped street (Tipperary/White Tail/Bracken) and the related street connections (Woodridge and Tipperary). G. City Fire Department needs to comment on the need for an emergency access easement to provide for two points of access to this site. City Fire Department has limited development to 1600 feet from the closest intersection in the Balthrop Addition until an emergency access easement is installed. H. City Fire Department needs to indicate if the street names being platted are appropriate. The street names are acceptable. I. Lots 21-24 exceed the maximum depth to width ratio of 2.5 to 1 and a modification will need to be granted. The Subdivision Committee has approved the modification. J. To allow for County Surveyor approval, the appropriate signature block needs to be added. K. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. L. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. M. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) N. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. O. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. P. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147] for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. Q. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. R. Perimeter closure computations shall be submitted with the final plat tracing. S. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. T. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. U. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in Release 13 version of AutoCAD. This will be used by the City and County GIS Department. --------------------------------------------------------------- 3/2. S/D 99-54 – One-Step Final Plat of HOSKINSON 2ND ADDITION, located on the southwest corner of 37th Street North and Ridge Road. A. Since this property is adjacent to the City of Wichita, the Applicant shall request annexation into the City. B. Since sanitary sewer is not currently available to serve this property, the applicant has contacted the Health Department regarding the possibility of a temporary on-site sewerage facility. A memorandum shall be obtained specifying approval. Health Department has approved the temporary on-site facility contingent upon the site’s connection to future City sewer. C. The site is currently located outside of the Northwest Wichita Sanitary Sewer growth limits. The Applicant shall guarantee the extension of City water and sanitary sewer to serve the lots being platted. An additional utility easement is needed along the north line of Lot 4 or along the south line of Lot 2, for the sewer extension to Lot 9. . D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. E. City Engineering needs to comment on the status of the drainage plan. The drainage plan is approved. A cross-lot drainage agreement is required. F. To allow for City Council approval of this plat, the City Council signature block shall be included on the final plat tracing. G. The owner noted on the platting binder needs to be a signatory to this plat. H. The plat is in compliance with the CUP which limited the plat to two openings along 37th St. North and three openings along Ridge Road. The five joint access openings shall be established by separate instrument. Any openings located within 250 feet of the intersection are limited to right turns only which should be denoted on the face of the plat. I. In accordance with the CUP, cross-lot access and circulation agreements shall be provided. J. This property is within a zone identified by the City Engineers’ office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers’ office. K. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP (referenced as DP-242) and its special conditions for development on this property. L. The final tracing shall include a note that this plat is subject to the conditions of DP-242. M. In accordance with the CUP, the following traffic improvements are required: right turn lanes for the access points on Ridge Road and 37th Street North, a left turn lane on 37th Street North to Ridge Road, left turn lanes for all major access openings on Ridge and 37th St. North, and 12.5% of the signalization cost at the 37th Street North and Ridge Road intersections. N. Dimensions need to be added for the west lines of Lots 1, 2, 3, 4, and 9; the north line of Lot 1, the south line of Lot 9 and the sewer easement on Lot 8. O. The location of all found and set monuments needs to be denoted. P. The plattor’s text shall reference the minimum building elevations and wall easements and shall also reference access controls as being dedicated to the “appropriate governing body”. Q. The plattor’s text shall note the platting of “Lots and a Block”. R. The legal description needs to be revised to accurately denote the bearings for the north and east line of the section. S. The location and elevation of on-site and off-site benchmarks should be provided. T. County Fire Department has requested an increase in width of the 30-ft access openings to 40 feet. U. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. V. The applicant shall install or guarantee the installation of all utilities and facilities which 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 applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. X. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Y. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 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 be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. AA. Perimeter closure computations shall be submitted with the final plat tracing. BB. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. CC. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Southwestern Bell has requested additional easements. DD. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in Release 13 version of AutoCAD. This will be used by the City and County GIS Department. -------------------------------------------------------------- 3/3. S/D 99-83 – Final Plat of HARVEST CHAPEL 2ND ADDITION, located on the southeast corner of Seneca and 55th Street South. A. City water is available to serve this site. City Engineering needs to comment on the need for any guarantees or easements. A petition for sewer extension to the south line of the plat is required. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. C. City Engineering needs to comment on the status of the applicant’s drainage plan. The drainage plan is approved. No guarantees are required. Drainage improvements will be required at time of the site development. D. Traffic Engineering needs to comment on the access controls. The plat proposes two access openings along 55th St. South and one access opening along Seneca. Distances should be shown for all segments of access control. The final plat shall reference the access controls in the plattor’s text. The applicant shall guarantee the closure of any openings located in areas of complete access control. Traffic Engineering requests an access opening to be located on 55th South along the plat’s east line and on Seneca along the plat’s south line. The requested access controls have been denoted on the final plat. E. Traffic Engineering should comment on the need for improvements to perimeter streets. No improvements are required. F. The platting binder indicates that a mortgage is being held in this site. This party shall be shown as a signatory on the final plat tracing or proof provided that the mortgage has been released. G. This property is within a zone identified by the City Engineers’ office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers’ office. H. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. I. The applicant shall install or guarantee the installation of all utilities and facilities which 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.) J. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. K. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. L. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 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. M. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. N. Perimeter closure computations shall be submitted with the final plat tracing. O. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. P. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Q. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in Release 13 version of AutoCAD. This will be used by the City and County GIS Department. R. The Subdivision Committee approved a modification to the Subdivision regulations to waive the required right turns only at access openings located within 250 feet of the intersection. --------------------------------------------------------------------- 3/4. S/D 99-93 – One-Step Final Plat of RIDGE PORT 4TH ADDITION, located on the east side of Ridge Road, north of 29th Street North. A. Petitions have previously been submitted for paving, drainage, sewer and water improvements for the Ridge Port Addition. City Engineering requests a respread agreement for special assessments due to the lot reconfiguration. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. C. City Engineering needs to comment on the status of the applicant’s drainage plan. The drainage plan is approved. D. 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 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. E. The plat has indicated complete access control along the site’s frontage to Ridge Road. The access controls shall be referenced in the plattor’s text. F. Since this is a replat of a previous Addition involved with the ownership and maintenance of reserves which are not being replatted by this Addition, a restrictive covenant shall be submitted which provides for this Addition to continue to share in the ownership and maintenance responsibilities of any such previously platted reserves. G. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. H. This property is within a zone identified by the City Engineers’ office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers’ office. I. The year “1999” shall be replaced with “2000” on the plattor’s text. J. Distances from the tie points to the property shall be denoted. K. 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. L. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. M. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) N. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. O. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. P. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147] for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. Q. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. R. Perimeter closure computations shall be submitted with the final plat tracing. S. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. T. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. KGE has requested additional easements. U. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in Release 13 version of AutoCAD. This will be used by the City and County GIS Department. ------------------------------------------------------------------- 3/6. S/D 99-91 – One-Step Final Plat of OAK RIDGE 3rd ADDITION, located on the north side of 29th Street North, east side of Tyler. A. Petitions have previously been submitted for paving, drainage, sewer and water improvements for the Oak Ridge 2nd Addition. City Engineering has requested a respread agreement for special assessments due to the lot reconfiguration. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. D. City Engineering needs to comment on the status of the applicant’s drainage plan. The drainage plan is approved. D. 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 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. E. Since this is a replat of a previous Addition involved with the ownership and maintenance of reserves which are not being replatted by this Addition, a restrictive covenant shall be submitted which provides for this Addition to continue to share in the ownership and maintenance responsibilities of any such previously platted reserves. F. The County Surveyor requests the closure of all of the lots. G. The tie point at the northwest corner of the plat should read “SW ¼”. H. The legal description appears to be incomplete. I. The street right-of-way dimensions need to be added at the taper to the section lines. J. The distance from the tie points to the property needs to be denoted. K. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. L. The platting binder indicates a party holding a mortgage on the site. This party’s name must be included as a signatory on the plat, or else documentation provided indicating that such mortgage has been released. M. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. N. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) O. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. P. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Q. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147] for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. R. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. U. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. KGE has requested additional easements. V. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in Release 13 version of AutoCAD. This will be used by the City and County GIS Department. -------------------------------------------------------------------- 3/7. S/D 99-92 – One-Step Final Plat of PHAT AN TEMPLE ADDITION, located north of MacArthur on the east side of West Street. A. Since sanitary sewer is not available to serve this property, the applicant shall contact the Environmental Health Division of the Health 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. Municipal water is available to serve this site. City Engineering has requested a petition for future extension of sewer services. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. D. City/County Engineering needs to comment on the status of the applicant’s drainage plan. A floodway reserve is needed in Lot 2 covering the existing ditch. E. County Engineering needs to comment on the access controls. The plat proposes one access opening per lot. County Engineering has required access control except for one opening. F. County Fire Department has requested the site be in conformance with Fire Department regulations. G. The Applicant is advised that if under separate ownership, the accessory structure on Lot 2 would not be allowed without a principal structure also being located on the same lot. H. 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. I. This property is within a zone identified by the City Engineers’ office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers’ office. J. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) L. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147] for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. ------------------------------------------------------------------ 3/8. D-1780 – Dedication of a Utility Easement from B.G. Products, Inc. for property generally located between Orme Street and Kellogg, and Water and Wichita Streets. LEGAL DESCRIPTION: Lots 11-21 (odd) Fechheimer’s Addition. PURPOSE OF DEDICATION: As a requirement of a vacation case (V-2196) this Easement is being dedicated to allow construction and maintenance of public utilities. Planning Staff recommends the granting of this dedication be accepted. ------------------------------------------------------------------- 3/5. S/D 99-89 – One-Step Final Plat of CESSNA ADDITION, located on the southeast corner of Ridge Road and K-42 Highway, located on the southeast corner of Ridge Road and K-42 Highway. A. As this site is adjacent to Wichita’s City limits, the Applicant shall submit a request for annexation. In the alternative, Cessna may request the site be included within their special Industrial District, which is exempt from annexation. B. The Applicant shall guarantee the extension of sanitary sewer and municipal water. These improvements will be with the City of Wichita and consequently an outside-the-city water agreement shall be provided. City Engineering needs to indicate the need for any additional guarantees. An off-site drainage easement is needed. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. D. City Engineering needs to comment on the status of the applicant’s drainage plan. The drainage plan is approved. E. County Engineering needs to comment on the access controls. The site is limited to access from Ridge and 31st St. South, and the final plat shall denote complete access control along K-42 as required by KDOT. The plat denotes three proposed access openings along Ridge Road. The final plat shall reference the access controls in the plattor’s text. F. County Engineering shall comment on the need for any additional right-of-way along perimeter streets. County Engineering requests additional right-of-way along Ridge Road - 75-feet to the center of the south two lanes at the K- 42 intersection, tapering to 60-feet. G. County Engineering shall comment on the need for any street improvements. County Engineering has required a guarantee for a center left-turn lane along the frontage to Ridge Road. H. The applicant shall submit an avigational easement covering all of the subject plat and a restrictive covenant assuring that adequate construction methods will be used to minimize the effects of noise pollution in the habitable structures constructed on subject property. I. 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. J. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) L. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147] for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in Release 13 version of AutoCAD. This will be used by the City and County GIS Department. OSBORNE-HOWES “I need to abstain on this item. I have a conflict of interest.” NEIL STRAHL, Planning Staff “Is there a question on this item?” JOHNSON “I noticed that Cessna has built quite a retention pond directly east of this, which I would assume is part of the drainage plan for this area. I know here a while back, we had a plat that was in front of us that was on the other side of K-42 and they ended up digging a retention pond just north of the one they just did and there was quite a bit of flooding in that area this last time we had that 6 or 7 inches of rain that retention pond worked. I noticed when they started digging this one south of K-42, they moved some of that dirt back into that retention pond that they dug north, and I am curious as to why.” STRAHL “Well, the City Engineering did approve the drainage plan. I didn’t see it. Unfortunately, I don’t know the specifics. Perhaps the applicant can clarify things for us. “ GAROFALO “Is the applicant here?” STRAHL “The agent is here.” GARY WILEY “I am here on behalf of the applicant. Bill, you are talking about the detention pond north of K-42? Off of Hoover?” JOHNSON “Yeah.” WILEY “Yeah, there is an expansion going on up there. It will end up going to a detention pond finally pretty close to half a mile, as I recall.” JOHNSON “Do you know why they started filling some of that back?” WILEY “They were filling in the back side.” JOHNSON “It looked to me like they were raising the bottom of it. To me, the capacity is going to be less.” WILEY “I do know that that pond will extend to the north further on the airport property. In fact, we are platting the airport property through there right this minute. That will be part of the drainage plan to extend that on to the north. That area that you are talking about is actually airport property leased by Cessna. “ JOHNSON “I knew they had dug it and we had a pretty good test on it and it worked and I see them now raising it. They are filling it back in.” WILEY “I am not sure what that is about, but I do know that that pond does go north almost another half a mile. All along Hoover frontage. And this particular plat will also have detention systems with it.” GAROFALO “Are there any other questions? Thank you, guys.” MOTION: That the Planning Commission recommend to the governing body that the request be approved, subject to recommendations. WHEELER moved, CARRAHER seconded the motion, and it carried with 8 votes in favor. There was no opposition. Osborne-Howes abstained. ---------------------------------------------------------- 3/9. V-2211 – Robert Battaglear requests the vacation of a portion of a platted utility easement described as: The southerly 4 feet of the 10-foot platted utility easement along the northwest property line of Lot 1, Block 1, Huntington Place 6th Addition, Wichita, Sedgwick County, Kansas EXCEPT the westerly 10 feet, located on the north side of 29th Street North, east side of Tyler. 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, by publication in the Daily Reporter of notice of this vacation proceeding one time December 21, 1999, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described drainage easement, and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner(s), the prayer of the petition ought to be granted. B. Therefore, the vacation of a portion of a utility easement described in the petition should be approved, subject to the following condition: 1. The applicant shall dedicate, by separate instrument, a substitute utility easement to cover a sewer line along the northerly corner of the lot. The Subdivision Committee recommends approval, subject to the following condition: 1. The applicant shall dedicate, by separate instrument, a substitute utility easement to cover a sewer line along the northerly corner of the lot. GAROFALO “Is there anyone here to speak on this item? This is at 13th Street North and Maize Road. Sir, are you here to speak on this?” MAN FROM THE AUDIENCE “I don’t know if I need to speak on it or not. I think I have met all of the requirements you required at the last meeting.” LISA VERTS, Planning staff “He is the applicant. I have nothing to add since the Subdivision Committee meeting. All of the comments from that meeting were placed in the staff report that was sent to you.” GAROFALO “Does the applicant want to speak?” VERTS “I think the applicant is just here to answer questions if there are any.” GAROFALO “Okay. Do we have any questions of the applicant?” MOTION: That the Planning Commission recommend to the governing body that the request be approved. GAROFALO moved, WHEELER seconded the motion, and it carried unanimously (9-0). ---------------------------------------------------------------- 3/10. V-2212 –Gerald Snodgrass requests the vacation of a street right-of-way described as: That part of Irving Street as dedicated in Verda Vista, Sedgwick County, Kansas, lying north of and adjacent to Lot 1, in said addition. Generally located east of Maize Road and 1/2 mile north of Kansas. LISA VERTS, Planning Staff, “I have nothing to add since the Subdivision Committee meeting. All of the comments from that meeting were placed in the staff report that was sent to you.” GAROFALO “Is there anyone here who would like to speak on this agenda item?” PHIL MEYER “I am here only if you have questions.” MOTION: That the Planning Commission recommend to the governing body that the request be approved. WHEELER moved, OSBORNE-HOWES seconded the motion, and it carried unanimously (9-0). ------------------------------------------------------------- Barfield arrived at the meeting at 1:40 p.m. 4a. Case No. SCZ-0798 – Derby Recycling and Transfer Station, LLC, (applicant) H.D.Mills/H.D. Mills, (agent) request zone change from “RR” Rural Residential and “GI” General Industrial to “LI” Limited Industrial; and 4b. Case No. CU-556 – Derby Recycling and Transfer Station, LLC, (applicant) H.D. Mills/H.D. Mills, (agent) request a conditional Use Permit to permit a transfer Station/Recycling and Processing Center on property described as: Government Lots 3 and 4 and that part of the Southeast Quarter, all in Section 13, Township 29 South, Range 1 East of the 6th P.M., lying West of the Westerly right-of-way line of the Atchison, Topeka, and Santa Fe Railroad, excepting therefrom the tracts heretofore deeded by deeds recorded in Book 1230 of Deeds at Page 91, and in Book 1467 of Deeds at Page 489 in the Office of the Register of Deeds of Sedgwick County, Kansas, and except that part condemned for highway purposes in Case A-46833 in the District Court of Sedgwick County, Kansas, and excepting therefrom that part platted as Lot 1, Block 1, in Lusk Industrial Addition, and Addition to the City of Derby, Sedgwick County, Kansas, and except that part condemned in District Court Case C-26941. Generally located at 91st Street South and Buckner. DALE MILLER, Planning Staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: The applicant is seeking to rezone 56 acres from the “RR”, Rural Residential district to the “LI”, Limited Industrial district to permit a “Recycling Processing Center” and obtain a Conditional Use permit to operate a solid waste “transfer station” on 70 acres (including the previously mentioned 56 acres) located at 91st Street South and Buckner (1401 south Buckner). Currently, 14 acres of the 70 acres for which the Conditional Use is being sought are already zoned “GI” General Industrial and is being used for landfill, compost or recycling activities. A portion of the site has a permit from KDHE for construction-demolition debris disposal and composting operations, and is being used for those purposes today. Other portions of the site are currently unused. Access to the site is provided by both 91st and Buckner Streets, which are unpaved near the application area. The applicant’s site plan depicts two possible sites for the location of the transfer station. The northern site is the applicant’s preferred site. A more detailed site plan for the northern site depicts a 12,500 square foot building which would house the tipping floor and office. The scales would be located nearby to the northwest. This building is oriented with its longest axis north to south. Ten visitor-parking spaces are shown on the north side of the building. (County Code Enforcement indicates that approximately 13 spaces will be required for a building the size shown on the detailed site plan.) The remainder of the tract would be used for landfilling, recycling and processing operations. The applicant indicates that the maximum volume he could hope for is 500 tons per day. He does not expect to receive that volume due to competition and the scale of his operation. If the site did receive 500 tons per day, The applicant anticipates that volume would result in an increase in an average daily volume of 35 to 40 vehicles. (It should be noted that the eastern most portion of the applicant’s ownership is not included within the area covered by the applicant’s site plan.) Hours of operation are 8:00 a.m. to 5:00 p.m. Monday through Friday, 8:00 a.m. to 3:00 p.m. on Saturday. Derby’s wastewater treatment plant is located to the east, within the city limits of Derby, on residentially zoned land with a special permit for the treatment plant. There is an industrial use to the north, within Derby, which includes scales and office buildings for the landfill and transfer station that the applicant currently operates. The applicant has lost the lease for that property so those improvements will be moved south onto the applicant’s new site. CASE HISTORY: In 1985 a request for a Special Use Permit to establish a demolition construction landfill (DR 86-4), and a request to rezone land from “RR”, Rural Residential to “GI”, General Industrial (SCZ-0542) were withdrawn. In 1986 a Special Use Permit to establish a demolition construction landfill (DR 86-4), and a request to rezone 14 acres from “RR”, Rural Residential to “GI”, General Industrial were approved by MAPC, denied by the County Commission and then approved by District Court. This case was originally scheduled to be heard by the MAPC on December 16th. However, the Derby Planning Commission were unable make a recommendation at their December 2nd meeting, and requested the MAPC to defer the case until they had a change to obtain additional information. At the December 16th meeting, the MAPC deferred the case to their January 13, 2000 meeting. At the Derby hearing on December 16th, they recommended: Approval of the request for “LI” zoning subject to the conditions referenced in the MAPD staff report and the following conditions: no trees providing screening for nearby or adjacent properties can be removed; no composting is permitted in the 100-year floodplain; no correctional facilities are permitted on the property; testing of groundwater and soil shall be conducted by the appropriate agency. Approval of the “Conditional Use” request for the transfer station subject to the conditions referenced in the MAPD report and the following conditions: the size of the property authorized for the transfer station is limited to 12 acres; an enclosed storage tank is to be used to contain runoff and monitored by the appropriate agency. ADJACENT ZONING AND LAND USE: NORTH: "RR”, Rural Residential and “M-1”, Industrial (Derby); vacant and solid waste landfill / transfer and composting activities, agricultural SOUTH: "RR”, Rural Residential; vacant and residential EAST: "Derby residential zoning with a special permit; waste water treatment plant WEST: "RR”, Rural Residential; Arkansas River PUBLIC SERVICES: 91st Street and Buckner Street are two-lane unpaved roads near the application site. K-15, a divided four-lane facility is less than one-quarter mile to the east, via 91st Street. Traffic volumes are not available. City of Derby sewer and water lines exist in Buckner. Staff is contacting appropriate officials regarding any concerns they may have with north bound left turns on K-15 from 91st Street. CONFORMANCE TO PLANS/POLICIES: The Wichita/Sedgwick County Development Guide identifies this area as appropriate for agricultural and related uses. The Derby Comprehensive Plan also depicts this area as appropriate for agricultural uses. In 1996, the Unified Zoning Code established solid waste transfer stations as uses conditionally permitted in the Rural Residential and the two industrial districts. Recycling processing centers are permitted in the General Commercial, Central Business, Office Warehouse, Industrial Park, Limited Industrial and General Industrial districts. Facilities built in the Limited Commercial district have 10 conditions to comply with. When recycling facilities are located in the other zoning districts, they have only one condition to comply with: Prior to establishing a public recycling collection station, the operator shall obtain a location or building permit, as applicable, from the Zoning Administrator. Operation of the station shall be subject to approval of the health officer. Sedgwick County has specific regulations regarding the site design for facilities of this type: access roads are to be paved; on- site roads shall be maintained in good condition; a minimum size of 15 acres is required for a facility designed to receive more than 500 tons per day; transfer stations are to be located 100 feet away from public roads and other property boundaries; 500 feet between transfer station and any building not on-site unless written permission is granted by the nearest property owner, but no less than 300 feet between the transfer station and waste storage areas and the nearest residence or school; the site is to be reasonably screened from adjacent roadways; 80 percent of the surface area not used for parking, ingress/egress or transfer station shall be covered by vegetation or organic groundcover; transfer operations are to occur in an enclosed building (excluding white goods and yard waste); yard waste is not to be accepted at the transfer station; each facility shall have one common gate for all customers; the facility shall be open to all customers for the same hours of operation; an enclosed area available for public education and capable of seating 40 people is required; and provisions for handling banned waste must be made. Attached is a letter from the Director of Sedgwick County Resources outlining the county’s policy towards transfer stations. It indicates that the Board of County Commissioners supports the private ownership of transfer stations, that the number of stations that can be built will be determined by market demand and that there is a need for facilities of this kind throughout the county. Finally, the Comprehensive Plan suggests that industrial development may be appropriate in rural areas if it is an expansion of an existing industrial area, and should be located where there is good access and away from existing or planned residential areas. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to platting within 1 year and the following conditions: A. The Conditional Use Permit for the transfer station shall apply to the northernmost location and that a legal description describing that location be provided prior to hearing by the governing body. Prior to this request being forwarded to the governing body, the applicant shall submit: a revised site plan that depicts the location of the transfer station and provides more building detail (e.g. size and location of openings on the tipping floor enclosure, public education area), screening plan, general location for each activity and clarification of what is to happen on the eastern portion of the property not included in the site plan. B. The Conditional Use for the establishment of a solid waste transfer station shall be subject to all applicable local, state and federal regulations and laws, and prior to beginning operations, all applicable local, state and federal permits shall be acquired. C. The use of the site as a solid waste transfer station shall proceed and be maintained in general conformance with the site plan required by this Conditional Use and made a part of this permit. The tipping floor area shall be completely enclosed except for openings with operable doors for loading / unloading and pedestrian / emergency doors. D. At the time of platting, the applicant shall submit a drainage plan to the Health Department and to the Sedgwick County Department of Public Works (Derby) for approval. All runoff within the tipping facility shall drain to a holding facility. All outside runoff shall be properly confined, filtered, and/or treated to prevent contamination, as deemed appropriate by the County (Derby). E. A landscape plan shall be submitted to the Planning Director for approval prior to issuance of a building permit, indicating the number, location, size and type of plantings and method of watering. Landscaping shall be installed in conformance with this plan prior to operation of the facility and maintained in conformance with the plan. F. Temporary outside waste storage of materials shall be stored or confined in a manner that prevents waste from being blown beyond the site. G. Outside building walls and roof surfaces shall be predominantly muted in color intensity, with bright white colors limited to a maximum of 10 percent of the total surface area. H. No off-site signs are permitted on the property. Building signs shall be limited to a maximum of 10 percent of any wall surface. I. Violation of any of the conditions of approval shall render the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Land on all sides is zoned Rural Residential, residential (Derby) with a special use permit for a waste water treatment plant, or industrial (Derby). There are agricultural, landscape nursery, wastewater treatment plant, the Arkansas River and vacant land uses surrounding the site. The character of the area is a combination of undeveloped, agricultural and industrial uses. 2. The suitability of the subject property for the uses to which it has been restricted. The property is zoned “RR”, Rural Residential, and “GI”, General Industrial with a Conditional Use permit for a landfill. The site is not suitable for residential for residential use given the fact that landfill operations have occurred on the site and due to it proximity to the wastewater treatment plant. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The site is buffered by the river, creeks and other industrial or agricultural operations. The conditions attached to the approval of this request and the licensing minimize any detrimental effects. 4. Length of time the property has remained vacant as zoned. The Rural Residential zoned property is currently vacant. The General Industrial zoned property has been used for landfill since 1986. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The Comprehensive Plan identifies this area as appropriate for agricultural and related uses. However the Comprehensive Plan suggests that industrial development may be appropriate in rural areas if it is an expansion of an existing industrial area, and should be located where there is good access and away from existing or planned residential areas. This site meets these requirements. 6. Impact of the proposed development on community facilities: The site will generate little if any increased traffic over current operations and the demand for municipal services (sewer / water) should be minimal if those services are required. MILLER “An issue that you probably should be aware of is, and at your places there should be a flood plain map. As you may recall, this case was originally before you, a couple of weeks ago, but the Derby Planning Commission was not able to come to a decision on the night this was originally presented to them, so they deferred it and asked you to defer it, and you did so. Derby did hear this on the 16th and on Page 3 of the staff report, midway through, is a summary of their recommendations. You should have received a full set of the minutes of the Derby Planning Commission. The summary of those is that they did recommend approval of the request for the ‘LI’ zoning, subject to conditions contained in this staff report. We do have some additional comments to make as well, but primarily what they were after, as you can see, there is quite a bit of tree cover, and then this is the creek that runs through here and partially forms the southern and eastern boundaries of the application area. On the picture sheet map you can kind of see how, on that eastern boundary, it kind of meanders through there. That is Spring Creek. What they have recommended is that no trees providing screen for nearby or adjacent properties can be removed. There are at least two homes that we have identified, one in this (indicating) location, and another one in this general location where these trees in this area provide screening for the offsite improvements. They have recommended no trees providing screening for nearby or adjacent properties can be removed. They also said no composting is permitted in the 100-year flood plain. The white area that is listed as the 100 year floodway is the area where if there was a flood of 100 year magnitude, that is where the water would be flowing, and then to the right of that, in the darker area is the 100 year flood plain that Derby is referencing, saying that there shouldn’t be any composting activity in there. Then there are a couple of areas that have 500 year flood plain on them and then a little bit that is out of the flood plain completely. So, if you were to follow their recommendation, there will be very little of this site that is left that could be used the way they have made those recommendations. They also wanted to make sure, since there was ‘LI’ zoning involved in this that at some point in the future, no correctional facilities could be permitted on the property, so that was specifically prohibited. They are also requesting the testing of groundwater and soil being conducted by an appropriate agencies. With reference to the Conditional Use for the transfer station, they also referenced the conditions in this report and restricted the size to 12 acres. The reason for that was that under the County’s guidelines, you are not supposed to accept more than 500 tons a day for a facility that has less than 15 acres. If you have more than 15 acres, you can go over that 500 ton per day cap. So they were particularly concerned about making sure that there was some maximum amount that could be received and in their opinion, at least based on the way I saw their discussions, that 500 tons per day was the number they were after to be putting a cap on. They also wanted an enclosed storage tank to contain run-off, and for that run-off to be monitored by an appropriate agency. As you can see, there is a pond area. I think the applicant was initially proposing that any run-off that would come from the transfer station could then be channeled to that pond and retained there, but they wanted it to be put into a container. Are there any questions?” GAROFALO “Dale, what 23 acres are they talking about?” MILLER “On this site plan, the 12 acres would be an area right up in this area (indicating).” GAROFALO “Point out the total area that the applicant is asking for.” MILLER “The application, at the time that he filed it, because it was a total of 70 acres, we listed all 70 acres because we didn’t know for sure exactly where it was going to go, and we knew that as we went through this process, there could be difference of opinions on where it should belong, so we advertised the whole acreage, but never intended for the CU to cover the whole acreage for the Transfer Station.” WHEELER “I would just like to make sure that the 12 and 15 acres issue is for the Transfer Station site only and does not have to include the landfill composting area or the construction area. These are two separate things?” MILLER “Correct. The recycling processing, which would include the composting is a permitted use by right in the ‘LI’ district, so if he does get the ‘LI’ zoning, then he would be approved for that in terms of the Zoning Code. Now, one of the amendments that we are proposing because of the sensitivity to the Flood Plain area and to the folks that live along the south and east side, what staff is going to recommend is that there be a buffer established along this south and east line where there couldn’t be any composting activity, say within 200 or 300 feet of that south and east line to protect those folks along the creek. And then, depending on your opinion, in terms of whether you support the Derby recommendation that there be no composting in the 100 year flood plain, then he would have very little room to do any composting. We have talked this proposal over with Jim Weber and Susan Erlenwein, and staff is recommending that he be allowed to compost in the 100-year floodplain, not in the 100-year floodway. So that that would open it up a little bit and he would have room to do composting activity and recycling processing in the 100 year flood plain as long as it is only wood and demolition- type debris that would be appropriate for that kind of activity. We certainly want to exclude garbage and solid waste kinds of things that wouldn’t be appropriate in the floodway or the floodplain.” WARREN “Dale, on his existing operation, would you say that he does have composting now. Could the Conditional Use permit allow it without the benefit ‘LI’ zoning?” MILLER “It is a little hard for me to say exactly where everything is on the site. This aerial is really not good for seeing it, but you can kind of see, right in this area here, that there are some wind rows of what looked like shredded trees and maybe lumber and that sort of thing. I would say it was in the “GI” area today, but we didn’t have it surveyed to determine that, but just eyeballing it, it looked like it was probably in the appropriate zoning. The other things I would point out is that there is also a letter there that was placed at your seats, indicating the County Commission’s position regarding transfer stations. It basically says that the County Commission has determined that private ownership of transfer stations is appropriate and that there should be multiple transfer stations throughout the County. I wanted to point that out to you. Susan Erlenwein and Jim Weber are here if you have particular questions about any activities they would have in reviewing this application if it goes further.“ GAROFALO “Dale, on the Derby recommendations, going back to Page 3, the only thing staff is disagreeing with is the composting?” MILLER “Yes. Based on our discussions with both Susan and Jim, if the site is to be used for recycling reprocessing, there really is no room if you don’t let them do it in the 100 year flood plain.” GAROFALO “But the rest of those conditions that they pointed out you go along with?” MILLER “Yes, I believe we were okay with those.” GAROFALO “Then on the second phase, the 12 acres, what is the position of staff on that?” MILLER “We were comfortable with that because the applicant had indicated to me that based on his review of the competition and what he thought he could take in, that at least the discussions I had with him early, it seemed like if he ever got 500 tons per day, he would be doing more than he thought he would ever get.” GAROFALO “The BFI one up north at 37th that we approved a while back, how many acres was that, do you recall?” MILLER “No, I don’t remember.” GAROFALO “We were talking about a thousand tons per day.” MILLER “Susan tells me it was just under 17 acres.” GAROFALO “Okay. I thought it was around 15 or so.” MILLER “Are there any other questions?” WARREN “In the Solid Waste Management plan that we have, is there any provision in that that these transfer stations would have to be made available to the individual user as well as to the commercial users, or is that up to the individual?” MILLER “No. As I understand it, under the regulations, the hours would have to be the same for everybody. There could be no preferential treatment.” WARREN “You couldn’t close it to a consumer or an individual user.” MILLER “That is my understanding. Susan may be able to speak more directly to that.” KROUT “On the 500 tons per day at 12 acres, it is my understanding that the County could waive the guidelines and permit more than 500 tons per day on a site that is under 15 acres. I had a discussion with the Derby planner and he just wanted to make sure that it was clear that the intention was to limit it to 500 tons per day, not just to 12 acres. Also, our discussions with the County Public Works about traffic were also based on limiting it to the facility that wasn’t generating more than 500 tons per day. So my suggestion to you is to follow the intent more clearly of the Derby Planning Commission’s recommendation is to limit the extent of the operation, not just the acreage.” WARREN “Are you suggesting, then, to eliminate the language of the 12 acres?” KROUT “The 12 acres will be automatically set by the establishment of this Conditional Use, which is 12 acres, but I guess that we are suggesting that you also indicate the limitation on the extent of the operation, the 500 tons per day.” WARREN “Except that it could be a little more than 12 acres if you limit it to 500. If that would be of any advantage to the user.” KROUT “Yes, if they could find something that is more than 12 acres, that is not a problem for anyone. I think that is what the Derby Planning Commission was more interested in, the scale of the operation, than with the size of the Conditional Use. They thought that the acreage was the best tool to control the scale. I am suggesting to you that the best way to do it is to say 500 tons per day, whatever the applicant thinks is the area he needs for the Conditional Use. If it is more than 12 acres, that is fine.” WARREN “Right. Then not put a limit on the acreage.” KROUT “Right.” MILLER “And then just for the sake, since this ‘LI’ zoning does permit this by right in terms of the restrictions in ‘LI’, we would be handling this as a Protective Overlay. Just to clarify that.” OSBORNE-HOWES “For the record, what is the difference between the floodway and the floodplain?” MILLER “The floodway is where you would expect the water to be flowing, whereas the 100 year floodplain is the fringe area where you could have a flooding event, but the water would not ever be up there. It depends on the magnitude of the event.” OSBORNE-HOWES “The reason I asked that question is that I am trying to refresh my memory, but it seems like they are going to be cleaning out the Cowskin Creek area, and I thought they said in the 100 year floodplain to get rid of limbs and trees and that sort of thing. So if we are allowing collecting in one and we are cleaning out in another part of town, I am just confused. Am I making myself clear on that?” MILLER “Jim is here. Maybe he can help with that.” JIM WEBER “I am with the County Public Works. Dale does a fine job here, but he didn’t quite get that one right. The floodplain, as things exist anywhere in the floodplain, if the 100 year flood comes, the entire floodplain will be flooded. In this case, that will include the composting, if you allow that to happen in the floodplain, it would include the composting area. The computer model then actually sits there and starts moving that floodplain limit incrementally in until it reaches a point somewhere, in this case, on the Arkansas River, where the floodwater for the 100 year flood goes up by one foot and stops. So the real meaning of it is that the whole floodplain gets flooded. You can fill it in up until the floodway line, coming to that white space and then you have to stop because you have exceeded the rise on the river that is allowed. That place in between, we call the flood fringe. If it floods down there, the whole floodplain will get wet. If we get the 100 year flood. We would allow development to occur in the flood fringe only out to the floodway line because that will then cause an unacceptable increase on the flooding in the river system as a whole.” OSBORNE-HOWES “So in other parts of town, are you cleaning out the floodplain? I hear about clean-up efforts along the Cowskin after the flood because they said so much debris and such has collected, so they are sending out people to clean up.” WEBER “Generally, you are working with the entire flood plain because that is the conveyance that exists.” OSBORNE-HOWES “I guess I am confused why you would allow collection in one area in the flood plain, whereas in another part you don’t. The flood in October was partly blamed on all of the debris and such that collected in the flood plain, so in one part of the community you are cleaning it out and in the other you are collecting it. Am I the only one that sees that confusion?” GAROFALO “No, I am confused, too.” WEBER “In most places, there is not such a wide difference between where the floodplain line and the floodway line are. So if you are on the Cowskin and a lot of those places, they are right on top of each other. If you had to prioritize ‘where am I going to spend most of my time cleaning?’, I am going to be in the regulatory floodway, the main conveyance. “ OSBORNE-HOWES “I guess I am still confused. I hear what you are saying, the poor applicants can’t build what they want to build in this area if they couldn’t build in the 100 year floodplain, but…” WEBER “I think, from our point of view, we couldn’t care less what they are doing, but the way the regulations are, they could come in and fill that up with sand or dirt and create a fill and do development on it right now, so the regulations indicate that you could store materials out there in the flood fringe, as long as they are not hazardous or dangerous. That means if we tried to put a bunch of tanks out there that would get up, float away and end up in a bridge somewhere, that is dangerous. We wouldn’t want to have that happen. I might be concerned if it was actually brush piles that would float and come down to a bridge, but we have a composting operation where it is ground up material.” OSBORNE-HOWES “So it won’t be any kind of brush or tree limbs or anything like that?” WEBER “That is my understanding of it that it would not be. I think the regulations require that they would get a permit from the County for floodplain development, and they will need a permit from the State for floodplain development, and in that permit, we would be specifying, since it is stored materials, what specifically they would be requesting to put in and we would allow it or not allow it.” GAROFALO “But there probably would be brush and stuff sitting around there ready to be ground up.” WEBER “And we would probably want that outside of the floodplain. They might have to handle it fairly quickly to get it ground up and then be able to wind row it over in the floodplain.” KROUT “According to this map that we have from Dale, it looks like the wind rows are in the 100 year floodway.” WEBER “The windrows in the floodway don’t bother us. It is ground up material. They will get up and float away and go down the river and end up in somebody’s wheat field, but they are not large chunks. If we had truckloads of brush coming in and that was piled up in the flood plain, that would be bothersome. Those get up and float and end up in bridges somewhere. I am talking entire trees or something like that.” GAROFALO “What was the Derby Planning Commission’s concern about the flood plain? Why did they put that condition there?” MILLER “There seemed to be a lot of discussion centered on whether or not any of this material would ever be a pollutant in the flood plain and flood way, and that is what they seemed to talk a lot about. There may be other reasons, but they spent a lot of time talking about monitoring wells that either were supposed to be there or were not there, and had they ever been monitored and those sorts of issues. And how effective of a screening process there would be on this material in terms of how could he guarantee that things that were being wind rowed wouldn’t have things that weren’t supposed to be in there. That kind of discussion.” JOHNSON “Marvin, this is probably a planning question. The 500-ton,…I guess I can see that if you limited it to 500 ton, we are going to end up with more of these throughout the County. Is this then going to become like communication towers so we will be hearing this type of cases all of the time, because this one can only have 500 tons?” KROUT “The best person to address that to is probably Susan (Erlenwein). I think it becomes policy to promote more than one for the purpose of competition and convenience. There is a calculated tons-per-day that we think we are going to generate to the County. Susan, why don’t you try to answer that?” ERLENWEIN “I am with the Sedgwick County Environmental Department. Currently, the tonnage going into Brooks Landfill is around 1400 tons per day, just over that. BFI has a location at 37th Street North and West Street. They have planned their facility to take 1500 tons per day. Everything that we could produce in the community, in case there was not competition. The County would like competition, having more than one chance for a station facility. BFI has half of the collection in our community, so you would estimate that they would have at least 750 tons per day going to their facility if only their own trucks went to the facility and no one else used it. Mr. Mills is wanting to get other material. Waste Management is currently looking at locations in the County as well, so there could be a third transfer station. I assume Waste Management trucks would go to their facility. Then the independent haulers would probably use Mr. Mills’s facility. So I would imagine that he would have less than 500 tons per day.” WARREN “I think the consideration here, from what I have talked to people out there in those meetings, is if they go by their tons, they want to come back and make another application. I don’t know that they are saying they will never take over 500 ton, but this is a new experiment with the City and they are saying that this is all they want to deal with at this time. If somebody can justify coming back later, well, then we can take a look at that.” ERLENWEIN “In fact, the discussion at the Derby zoning meeting was such that if he wanted to expand, he could always come back and approach them. And the County regulation was such on the 500 cut-off that if someone started receiving more material, they could come back to the County if they had less acreage and they could judge upon the request at that time.” GAROFALO “Is the 12 acres enough at this point?” ERLENWEIN “That would be sufficient for a facility to take less than 500 tons per day to have the scale house and the staging area for the vehicles. That is sufficient for that. I have visited transfer stations that were on only 5 acres, but they were very compact and did not operate that well. That is why we determined our acreage break-offs.” GAROFALO “So if he has 12 acres, he has the option of coming back and asking for more if he goes over the 500?” ERLENWEIN “For instance, if Waste Management never did site a transfer station in our community and it turned out he was receiving more material, he would have that opportunity.” GAROFALO “Are there any other questions? Okay, then we will hear from the applicant.” RUSSELL MILLS “I am an attorney, representing Derby Recycling and Transfer Station, LLC, who is the applicant. I brought some photographs with me I thought I would pass around if I can. This shows a panoramic view of the view from the street of this property. It is the applicant’s position that we can certainly live with the recommendations of the City of Derby as far as it goes to the transfer station site. Obviously, it is our preference not to be limited. BFI wasn’t limited in their transfer station, but we can certainly understand why the City of Derby may want us to be limited. If it is your decision that that 12 acres be all that we can have permitted as a Conditional Use, we can certainly live with that. As to the other recommendations that were made, either by staff or by the City of Derby’s Planning Commission, as far as it goes to the transfer station, we really don’t have any opposition to any of those recommendations. As to the recommendations regarding the ‘LI’ property, I think you have these maps in front of you. These are the floodway maps. The area that is in the gray is the area wherein we could do composting, and we would ask that we would be allowed to do composting in the floodway fringe, and I believe staff has recommended that as well. If we are not allowed to do composting in the floodway fringe, we are essentially out of business. We presently have a permit for composting, and we were composting in the floodway fringe. We were somehow given that by mistake because we believed that we could compost in the ‘RR’ zoning. As it turns out, we couldn’t compost in the ‘RR’ zone. It had to be in ‘LI’ zone, and when we found out about this, that is why we came in to request this change. This site is one of only two large-scale commercial composting facilities in Sedgwick County right now. When the landfill closes in October 2001, all of the yard waste and wood waste, and things of that nature are going to have to go to one or hopefully two sites if you folks will recommend that we be allowed to continue in operation. If we are not allowed, then at present, that would leave the County with only one location to take yard waste and wood waste to be composted. What happens when brush, for instance one of the ladies asked about brush? This might help a little. The area in gray is the area that we are talking about. The white is the floodway. Now, I think at the Derby Planning Commission meeting, we probably were not hitting on the same cylinder. I think we were a little bit confused about what is flood way, what is flood plain, and I think that is why we came away with the recommendation of no composting in the flood plain. My belief was that when the gentleman who made the motion was referring to the flood way, not the flood plain because it simply makes no sense to agree to an ‘LI’ zone change on all of this property down here when the only reason we made the application for the ‘LI’ zone change was so that we could compost. So to make a recommendation to approve the ‘LI’ zone change and then effectively say ‘well, we are doing away with the practical effect of the ‘LI’ by putting in a condition that you might be able to compost in the flood plain or flood way fringe, which is the gray area. It would just be a nonsensical decision; nothing would have been accomplished. You would just have an ‘LI’ zone change, you would have absolutely no use that you could use that property for, at least for our purposes. So, that is why I believe that there was just a little bit of confusion as to what was flood plain and what was flood way and what the affect of that one term flood plain is as opposed to flood way. So what we are wanting to do is a compost in this area. What happens when we compost is brush comes in, yard waste comes in, it is ground up into small particles and put then put in long, long wind rows of these ground up particles. I think you have all seen sawdust. We try to grind it as small as we can get it so that it helps with the compost. The smaller the particles, the better it is to compost. When you have a finished product to compost, it is very similar to a topsoil and it looks like a topsoil, like a dirt. That is what we are wanting to do at that location. The bottom line is that this is a land use issue. We have a C and D landfill to the east, and now the sewer treatment plant to the east and a little bit to the north. This property is called the Lusk Industrial Division in the City of Derby, so this is industrial property already, and then down here we have the Arkansas River. This whole area, at one time, in different spots, even down in the flood way, at one time, was the City of Derby Municipal Solid Waste landfill. So this property really cannot ever be used for rural residential purposes. KDHE would have to agree to allow a break in the cover and it is highly unlikely that KDHE would ever allow that. We are not wanting to build anything…nothing in this area, in the area that we are wanting zoned ‘LI’ so we can compost. We are not even wanting to change the level of ground. All we want to do is put rows of compostable material on the ground. That is it. So, the recommendations that were made by the City of Derby to the ‘LI’ zone change, we can live with not taking out any trees. The trees, and you can kind of see the ‘U’ shape, this area is just filled with trees. When you see the photographs, you can tell that all of the way back across here and down this way are not in the trees. You cannot see through there, even in the wintertime when there are no leaves, you still can’t see our site from the road. Most people don’t even know that we are there. I also would like to point out that we have been operating these different activities, and I believe there are some copies of permits that I provided to staff, hopefully they were provided to you, but we have been doing C & D landfill operations, composting, transfer stations, and a lot of solid waste recycling or processing activities at this location already, and we have only one complaint in the whole time we have been there and we have been operating since 1992. So, as to the other restrictions, as to the ‘LI’ district, the testing of groundwater and soil, I am not really sure what they were getting at. We would want some clarification as to exactly what it was that they were wanting tested.” GAROFALO “Sir, your time is up. Will you need much more time to finish up?” MILLS “No. I would ask that you follow the recommendations of staff and allow our 12 acres to be permitted as a transfer station, and the balance of the 56 acres to be in the ‘LI’ zone, and that the restriction of ‘no composting in the flood plain’ be modified so that we can do composting in the flood plain, as opposed to the floodway.” GAROFALO “Are there any questions? I have one. When you get this brush coming in, where would it be stored, or placed, or whatever?” MILLS (Indicating) If you could look at the floodway map, right in this area, and then over in here, it is not in either the floodway or the floodplain, so we have an area where people come in to drop. There are three containers right here, big metal boxes that you saw in the picture. For instance, we have tires in one metal box, we have white goods, which are stoves, refrigerators and things like that that go in another metal box. We have used furniture or junk furniture in another metal box, and then in this area, we have an area where people come in and kick their brush off into a pile. There was also a photograph of our grinder that you saw. That grinder is moved over and it grinds up all of this brush, this big pile of brush that several individuals, as well as businesses come in and drop off. It is ground up and moved into the wind rows.” GAROFALO “Are there any other questions?” OSBORNE-HOWES “Are the wind rows permanent?” MILLS “No. See, what happens is that the windrows,…we have another piece of equipment called a windrow turner. You kind of cook this mixture of yard waste, leaves, limbs, ground up wood and you start off with a pile, a 6 foot pile, and it cooks down to where it is a 3 foot pile. So the volume reduces itself and it changes in structure into this compost.” OSBORNE-HOWES “Is it permanent then, or do you then move that burned-up stuff, or whatever it is, what do you do with that?” MILLS “What we do then is we use that. We also have a sand plant in this area, and what we are doing and what we intend to continue to do, if you folks allow us to, is to take this compost when it is in its final form, mix it with the sand that we take out of the sand plant, and it will be used as a soil amendment. The company that I represent is also the preferred demolition contractor for the City of Wichita, so when they knock down a building that has a basement in it, they knock out the basement and you have a big whole there. We believe it is better to put in a product that has a soil amendment in it rather than just sand. Grass will grow better.” GAROFALO “Are there any other questions? Okay. So you are in agreement with the 12 acres?” MILLS “Yes. For now, we can get by, but I will tell you that it is going to make it kind of tight in here. But if that is what we have to do, that is what we will have to do. We would prefer to have the 15 acres, but the City of Derby wanted to make sure that they limited us to only bringing in 500 tons per day. Now, it is our hope that one day, we can get more than 500 tons per day. Is it realistic right now? No. Unless Waste Management, for instance, would not get their transfer station. And they are having trouble in Park City right now, as I understand it. So, if we only had two transfer stations, we will have BFI and us, and if we are limited to 500 tons per day, people in the south part of the County may have to haul their trash all the way up to the north part of the County, even though we are there. To give you an example of that, the City of Derby itself is projecting a growth, by 2015, where they will have at least 35,000 people. If they have 35,000 people, the City of Derby, by itself, with have 140 tons per day. So there may be a bigger demand down in that area.” GAROFALO “Are there any other questions? Okay, thank you. Is there anyone else to speak in support of this application? Is there anyone here to speak in opposition?” NORMA MOORE “I live at 9339 South K-15 in Derby. I am here today to speak on behalf of myself and my husband. We live on Spring Creek. Also for my parents, Roscoe and Carol Warren of 9529 South K-15, who are the others who live in this vicinity. Also, my son Brock Moore lives down the creek at 5721 East 95th Street South. He will also be affected by this. There is also a housing district across K-15 and they will be impacted by this. I will try not to waste too much of your time today, but I feel certain, from the last time I was here that some of you may have already made up your mind about this. I am here because it may be my last opportunity to voice my opposition and that of my neighbors concerning this operation. Don’t misunderstand. It is not that I have any false hopes that what I say today will have a strong impact on your decision. I don’t believe it will, but I can’t stand idly by and see something happen that I think is wrong. A mistake which directly affects my quality of life and those of my neighbors, my family, and my neighborhood south of Derby. We are a working class neighborhood. We pay our taxes, support our communities and churches. In short, we have chosen to make our homes here in Sedgwick County. My parents bought the piece of ground that we live on in the mid 60s. At that time, this was a rural area, and the landfill area was also a rural area. I tell you this because I was told, at one point, that this had always been a landfill, that it was an investment and they needed to make money on this investment. I do understand that. In short, my answer to that was ‘why not turn that property around and do something positive with it instead of continuing down the landfill path’? Something which would improve the property values and the neighborhood, and not continue to desecrate it. Get funding and turn it into a park or a nature center. This can, and has been done by forward thinking people and governments. I believe it is time to stop considering just short-term profits for a few and cow towing to applicant’s rights and consider the rights of other taxpayers and homeowners’ who have made this area their home. I am not against free enterprise. We all work to make improvements to our property and our community, and some of us are businessmen as well. When we return home at the end of the day to enjoy our homes, this peace is shattered by an onslaught of air, water, and noise pollution, which is an inevitable by-product of an operation of this type, not to mention the mental strain and the constant fear of what will be the next project that we will be subjected to, usually involving trash. How can we continually defend ourselves against this onslaught? How will it continue to devalue our property and degrade our quality of life? What do we have to look forward to? We have been told by the applicant that some residents may experience a decrease in the price of their trash service as a result of this transfer station, but as neighbors, what can we look forward to? We can look forward to hearing a continual line of trash trucks cycling in and out of the facility every day and on the weekends. It will add a certain ambience to sitting on our decks in the summer to be able to hear, see and smell this addition to our neighborhood. We can also look forward to the time when our rivers and streams which surround this area could be totally polluted, not to mention our groundwater, and unable to support our needs. I realize every community is currently addressing the issue of solid waste. My view is, and I feel that my view is just as valid as anyone’s in this room, that continuing down this same path of trash management that we are on, there is a very good chance that we will continue to get the same results. This is not acceptable. I know recycling is important and I agree that we have a lot of intelligent people looking at this issue, but this particular site, I don’t feel should be included, for many reasons. I am just going to list a couple. Resolution No. R 170.148.1 of April of 1997, Sedgwick County when they were issuing the Conditional Use Permit for the construction demolition landfill for this area, there were a couple of conditions of approval that I particularly noticed. There was to be an 8-foot high fence installed on the east property line and along the north side of the floodway on the south. I don’t know that this was ever done. There was to be installation and monitoring of at least four wells on site to monitor groundwater up slope and down slope from the site and it should remain in operation for 15 years from the date of the landfill closure. Was this done?” GAROFALO “Ma’am, your time is up. Do you need more time?” MOORE “May I have at least one more minute?” MOTION: That the speaker’s time be extended for one minute. CARRAHER moved, WHEELER seconded the motion, and it carried unanimously. MOORE “Thank you. The applicant indicated that he was not aware if these wells were in place, and that doesn’t give me a feeling of confidence. State and County agencies were often ineffective in keeping the previous operation in compliance. This is not necessarily a condemnation of them; the system just doesn’t always work. But when that happens, the landowners’ and homeowners’ are left to pay the price. I was told that if this did happen this time, one of my options was to sue. I don’t believe that that should be my only recourse. I offer that since this is going to be such a clean and efficient operation and will be of such benefit to the community, that perhaps the owners should consider converting land in their neighborhood to an operation of this sort or place it within the city limits of any city. It would be more convenient to residents. I was told ‘these are residential neighborhoods’, and my response is ‘so is mine’. It may not be your neighborhood, but it is as important to me as yours is to you. This is a land use issue, and this proposal directly and adversely affects my rights as a landowner and this is personal. I oppose this project and I ask you to give this very careful consideration before you vote. The right thing to do is to vote no on this project.” GAROFALO “Thank you, ma’am. Are there any questions of the speaker?” BARFIELD “Ma’am, can you tell me approximately what the distance is between your property and this property?” MOORE “The two houses that they showed you, I am the one closest on the north and then my parents live around the bend of the creek and I am on the south. So we are very close.” BARFIELD “And did I understand you to say that when you purchased your property, the landfill was in place at that time?” MOORE “No.” BARFIELD “It was not.” MOORE “No, it was a maize field, I believe. We rode our horses over there when we first bought our property.” GAROFALO “Is there anyone else to speak in opposition? Will you state your name and address, please?” KEN MULANAX “I live at 100 Crooked Creek Court in Derby. I am a member of the Derby City Council. I guess opposition is not exactly the terminology to use. Because this did not come as an actionable item before the Derby City Council because it is a County case, the majority of the members of the Council just asked me to speak to you for just a second, recommending that you do accept the conditions that were placed upon this by the Derby Planning Commission, especially the one with the limit of 500 tons per day. We are not saying ‘no’ to the trash transfer station. We just want to have some control, at least in the beginning, on traffic control. Remember there is 500 tons coming in and 500 tons has to go out. So we have that many trash trucks coming in and then the 40-foot trailers taking it out. We would just like to have some time to judge how this is working and just have a handle on it, especially with enforcement working with the County and KDHE to make sure that this facility is not polluting. Our water wells are just right across the river from there. So we do have some concerns. That is one of the recommendations on the groundwater testing. On the compost; to make sure that if there is any drainage that isn’t stopped inside the building, if it would happen to get out and leak into the ground. So, we are just recommending that you do adopt the recommendations of the Derby Planning Commission. I believe Councilmember Avello would like to speak