METROPOLITAN AREA PLANNING COMMISSION MINUTES April 20, 2006 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, April 20, 2006, at 1:30 P.M., in the Planning Department Conference Room, 10th floor, City Hall, 455 North Main, Wichita Kansas. The following members were present: Harold Warner Jr., Chair; Darrell Downing Vice-Chair; Bill Johnson; Bob Aldrich; Elizabeth Bishop; Don Anderson; Denise Sherman (In @ 1:40); Ronald Marnell; Hoyt Hillman; Morris K. Dunlap and Michael Gisick. John W. McKay Jr.; M.S. Mitchell and Bud Hentzen were not present. Staff members present were: John L. Schlegel, Secretary; Dale Miller, Current Plans Manager; Donna Goltry, Principal Planner; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Jess McNeely, Senior Planner; Scott Dunakey, Associate Planner; David Barber, Advanced Plans Manager and Rose Simmering, Recording Secretary. -------------------------------------------------- 1. Approval of March 16, 2006 and April 6, 2006 meeting minutes. MOTION: Approve meeting 3-16-06 minutes. DUNLAP moved, ANDERSON seconded the motion, and it carried (10-0). MOTION: Approve meeting 4-6-06 minutes. DUNLAP moved, ANDERSON seconded the motion, and it carried (10-0). --------------------------------------------------- ? SUBDIVISION ITEMS 2. Consideration of Subdivision Committee recommendations from the meeting of April 13, 2006. 2-1. SUB 2006-28: One-Step Final Plat -- NEWMAN UNIVERSITY 3RD ADDITION, located south of Kellogg and west of Meridian. NOTE: This is an unplatted site located within the City. STAFF COMMENTS: A. City water is available to serve the site. Either the west line of the plat needs to be moved further west or an off-site private easement needs to be obtained for sewer connection. If a private easement is done, a copy of the recorded easement needs to be provided to Central Inspection prior to issuance of a new sewer permit. 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 has been approved with conditions. D. 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. E. 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. F. 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 storm water. G. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) H. 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. I. 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: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. 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. K. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. L. Perimeter closure computations shall be submitted with the final plat tracing. M. Recording of the plat within 30 days after approval by the City Council and/or County Commission. N. 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. O. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. MOTION: Approved subject to staff recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (10-0). --------------------------------------------------- 2-2. SUB 2006-23: One-Step Final Plat -- EVANS 1ST ADDITION, located on the southeast corner of 85th Street North and 103rd Street West. NOTE: This site is located in the County in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. STAFF COMMENTS: A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. B. In conformance with the Urban Fringe Development Standards, for individual domestic wells that are proposed, a water availability evaluation must be provided to Sedgwick County Code Enforcement to assure the availability of an adequate, safe supply of water that does not impair existing water rights. Easements shall be dedicated for potential future extension of public water. C. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage plan has been provided. Drainage easements need to be shown on the plat to coincide with the drainage plan. An off-site agreement is needed. Minimum pads need to be platted. D. County Engineering needs to comment on the access controls. The plat denotes four openings along 103rd St. West and two openings along 85th St. North. County Engineering requests a single combined entrance for Lots 1 & 2 on 85th St. North. A single combined entrance for Lots 3 & 4 is requested on 103rd St. West. E. Sedgwick County Fire Department advises that all access drives shall be in accordance with Sedgwick County Service Drive Code. F. County Engineering has requested a standard right-of-way intersection. The Access Management Regulations requires a major street intersection to include a 75-foot half-street right-of-way measured 250 feet from the centerline of the intersecting arterials and a tapered length of 100 feet. An additional 25-foot x 25-foot corner clip is needed at the intersection. G. A contingent building setback should be platted through the existing building on Lot 5. The plattor's text should specify that the contingent setback is effective upon all subsequent reconstruction. H. The language "lots and a blocks" shall be referenced in the plattor's text. I. 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 storm water. J. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) K. 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. L. 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: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. M. 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. N. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. O. Perimeter closure computations shall be submitted with the final plat tracing. P. Recording of the plat within 30 days after approval by the City Council and/or County Commission. Q. 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. R. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. MOTION: Approved subject to staff recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (10-0). --------------------------------------------------- 2-3. SUB 2006-24: One-Step Final Plat -- OLIVIA'S 1ST ADDITION, located on the west side of Hoover and north of Central. NOTE: This is an unplatted site located within the City. A zone change request (ZON 2006-10) from SF-5, Single-Family Residential to TF-3, Two-Family Residential has been requested. STAFF COMMENTS: A. Existing sanitary sewer and related easements need to be corrected on the plat, which will affect availability of sanitary sewer to Lot 4. Applicant needs to address serving Lot 4 with water or else a water extension is required in 8th St with drivable surface or street paving. The dimension for the utility easement needs to be revised. B. This plat will be subject to approval of the associated zone change and any related conditions of such a change. Prior to this plat being scheduled for City Council, the zone change will need to be approved by City Council. 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. A drainage plan needs to be submitted and approved prior to MAPC meeting. E. If any drainage will be directed onto I-235, a letter shall be provided from KDOT indicating their agreement to accept such drainage. F. Traffic Engineering needs to comment on the access controls. The plat proposes four openings along Hoover. The access controls are approved. G. 8th Street adjoining the south line of the plat should be labeled as "Vacated". 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 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. J. The signature line for the City Clerk needs to be revised to reference "Karen Sublett". K. The ingress and egress easement shall be established by separate instrument. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument. L. 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. 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 storm water. N. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) O. The 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: 316-946-4556) 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 note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within 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. Westar Energy has requested additional easements. V. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. MOTION: Defer the item for three weeks since a drainage plan has not been submitted. DUNLAP moved, ANDERSON seconded the motion, and it carried (10-0). --------------------------------------------------- ? PUBLIC HEARINGS – VACATION ITEMS 3-1. VAC 2006-15: Request to Vacate a Portion of a Platted Easement, generally located west of Rock Road, on the north side of Kellogg Avenue and east of Armour Drive. OWNER/APPLICANT: Simon Property Group, LP City of Wichita AGENT: Ruggles & Bohm, c/o Tom Ruggles LEGAL DESCRIPTION: The east 8-feet of the south 350-feet of the north 787-feet of Lot 2, Rockwood South Third Addition and the west 10-feet of the south 350-feet of the north 787-feet of the south 881-feet of Lot 1, Kellogg Mall Addition, all in Wichita, Sedgwick County, Kansas. LOCATION: Generally located west of Rock Road on the northeast corner of the Armour Drive – Kellogg Drive intersection (WCC #II) REASON FOR REQUEST: Relocation of business due to improvements on Kellogg Avenue CURRENT ZONING: The subject property, abutting northern and eastern properties and adjacent southern properties are zoned "LC" Limited Commercial. Adjacent eastern properties are zoned "PUD" Planned Unit Development and "LC". The eastern portion of the subject site is part of CUP DP-12 The applicant proposes to vacate the described portions of the platted utility easements, as shown on the applicant's exhibit. The easements do not have utilities, manholes, sewer or water lines in them. The applicant's exhibit also shows a proposed a 20-foot utility easement for relocated utilities. The Rockwood South Third Addition was recorded with the Register of Deeds October 19, 1966. The Kellogg Mall Addition was recorded with the Register of Deeds June 18, 1973. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portions of the platted easements, as described, with conditions. 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 Wichita Eagle of notice of this vacation proceeding one time March 30, 2006 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 platted easements and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the easement dedicated by separate instrument described in the petition should be approved with conditions: (1) Provide Staff with a copy of any required additional easements (with original signatures) dedicated by separate instrument, as needed and approved by Public Works, Water & Sewer, Storm Water and franchised utilities. Replacement easements will be the City standard of 20-feet in width. These easements will go with the Vacation Order to City Council for final action and recording with the Register of Deeds. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant: Public Works has noted that relocation of public utilities on this site is a private project. (3) Retain the easements until all utilities have been relocated (or provide a guarantee for relocation of the utilities that has been accepted by the City) and the new easements for the relocated utilities have been recorded with the Register of Deeds. (4) All improvements shall be according to City Standards and at the applicant's expense. (5) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Provide Staff with a copy of any required additional easements (with original signatures) dedicated by separate instrument, as needed and approved by Public Works, Water & Sewer, Storm Water and franchised utilities. Replacement easements will be the City standard of 20-feet in width. These easements will go with the Vacation Order to City Council for final action and recording with the Register of Deeds. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant: Public Works has noted that relocation of public utilities on this site is a private project. (3) Retain the easements until all utilities have been relocated (or provide a guarantee for relocation of the utilities that has been accepted by the City) and the new easements for the relocated utilities have been recorded with the Register of Deeds. (4) All improvements shall be according to City Standards and at the applicant's expense. (5) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: Approve subject to staff recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (10-0). --------------------------------------------------- 3-2. VAC 2006-16: Request to Vacate a Portion of a Platted Alley, generally located between Cleveland and Matthewson Avenues, & Douglas Avenue and 1st Street. APPLICANTS/AGENT: William R Jackson Mark Savoy LEGAL DESCRIPTION: The platted 15-foot wide platted alley ROW located between odd numbered Lots 1-23 and even numbered Lots 2-24 all in the Mathewson and Hoff's Subdivision in Mathewson's Addition, and the 15.8-foot wide platted alley located between odd numbered Lots 1-11and along the west 59-feet of Lot 23, all in the Mathewson's Addition and Lot 21, Pinkam's Subdivision, all in Wichita, Sedgwick County, Kansas. LOCATION: Generally located between 1st Street and Douglas Avenue and Mathewson and Cleveland Avenues (WCC #I). REASON FOR REQUEST: Revert to private property for additional parking. CURRENT ZONING: The site is a platted, developed alley. All abutting and adjacent properties are zoned "CBD" Central Business District The applicant is requesting vacation of the described north to south platted alley. There is a sewer line and manholes in the alley; the sewer line was installed in 1903. The subject site is located within the Gilbert Mosley Redevelopment District. Westar has equipment in the alley. The applicant owns all the abutting property. The Mathewson and Hoff's Subdivision of the Mathewson Addition was recorded with the Register of Deeds April 14, 1887. The Pinkham's Subdivision of the Mathewson Addition was recorded with the Register of Deeds March 5, 1886. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the platted alley ROW, as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time March 30, 2006 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 portion of platted alley ROW and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted alley ROW described in the petition should be approved with conditions; (1) Retain the alley as an easement. (2) Dedicate, by separate instrument, an additional 5-feet of easement, the length of the vacated alley. This must be provided to Staff prior to the case going to WCC for final action. (3) No improvements over the alley until Water & Sewer have evaluated the condition of the 103-year sewer line located in the sewer and made any necessary maintenance, repair or replacement of the line. (4) The alley is located in the Gilbert Mosley Redevelopment District; the applicant shall contact the District in regards to the location of any of the District's equipment in the alley. (5) If needed, provide any required drainage plans for review and approval. (6) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants and at the applicant's expense. (7) All improvements shall be according to City Standards. If the drive onto 1st Street is to remain open it must be constructed to City Standards and at the owner's expense. If the alley is to be closed, the continuation of the curbing and reconstruction of the sidewalk must be to City Standards and at the owner's expense. Provide the City with a guarantee for these improvements. These must be provided to Staff prior to the case going to WCC for final action. (8) Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Retain the alley as an easement. 2. Dedicate, by separate instrument, an additional 5-feet to 4.2-feet, as needed, of easement, the length of the vacated alley. This must be provided to Staff prior to the case going to WCC for final action. 3. No improvements over the alley until Water & Sewer have evaluated the condition of the 103-year sewer line located in the sewer and made any necessary maintenance, repair or replacement of the line. 4. The alley is located in the Gilbert Mosley Redevelopment District; the applicant shall contact the District in regards to the location of any of the District's equipment in the alley. 5. If needed, provide any required drainage plans for review and approval. 6. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants and at the applicant's expense. 7. All improvements shall be according to City Standards. If the drive onto 1st Street is to remain open it must be constructed to City Standards and at the owner's expense. If the alley is to be closed, the continuation of the curbing and reconstruction of the sidewalk must be to City Standards and at the owner's expense. Provide the City with a guarantee for these improvements. These must be provided to Staff prior to the case going to WCC for final action. 8. Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: Approve subject to staff recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (10-0). --------------------------------------------------- 3-3. VAC 2006-17: Request to Vacate a Portion of Platted Half Street Right-of-Way, generally located east of 151st Street West, south of Maple Street and between Taft Avenue and Valley Hi Road. APPLICANTS: Albert A & Joy F Madero Michael D & Chrissy L Cluck AGENT: Baughman Company, P.A. c/o Phil Myer LEGAL DESCRIPTION: Generally described as that portion of the 40-foot wide, unimproved, City View Street half-street ROW, that abuts Taft Avenue/Street on its north side, Valley HI Road on its south side, the east lot lines of Lots 1, 8, & 9, Block G and Reserve "C", all in the Auburn Hills 16th Addition and the west lot lines of Lot 1, Block A, O'Dell – White Addition and Lot 1, Block 3, Maple Hill 5th Addition, all in Wichita, Sedgwick County, Kansas. LOCATION: Generally located south of Maple Street, east of 151st Street West, and between Taft Avenue and Valley HI Road (WCC #V) REASON FOR REQUEST: No dedication of western matching half-street ROW CURRENT ZONING: The site is platted half-street street ROW. All abutting properties are zoned "SF-5" Single-family Residential. The described portion of the 40-foot wide, unimproved half-street City View Street ROW was recorded on the (the north 202-feet) Maple Hill Fifth Addition, January 31, 1969 and the (the south 291.02-feet) O'Dell - White Addition, June 18, 1975. The properties abutting the west side of the half-street ROW are located in the Auburn Hills 16th Addition, recorded October 7, 2005. This plat did not dedicated the needed half-street ROW to complete City View at this location, thus this portion of City View will not met the Subdivision Standards for residential street ROW width. City View continues north of Taft, but there is no dedicated ROW for City View south of the subject portion. The Goddard School District's buses use this portion of City View to turn off of Valley HI Road, as Valley HI, although platted to continue west of the City View – Valley HI intersection, has not been improved. There appears to be no manholes, sewer or water line in this portion of the ROW. Westar has utilities in the portion of the ROW that abuts the west side of Lot 1, Block 3, Maple Hill 5th Addition. There are considerations for drainage in the ROW. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the platted half-street street ROW, as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time March 30, 2006 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 portion of platted half- street right-of-way and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted City View half-street ROW as described in the petition should be approved with conditions; 1) The vacated ROW will revert to private property. Lot 1, Block A, O'Dell – White Addition and Lot 1, Block 3, Maple Hill 5th Addition are the abutting properties located within the plats where the 40-foot City View half-street ROW was dedicated. 2) There are platted 30-foot setbacks on the west sides of Lot 1, Block A, O'Dell – White Addition and Lot 1, Block 3, Maple Hill 5th Addition. Vacate those setbacks and replace them with the interior side yard setbacks, per the UZC for the "SF-5" zoning district to run parallel to the new property lines established by the vacated half-street ROW. 3) Retain the east 10 to –20-feet, as needed by Westar, of the vacated ROW, that runs parallel to the west lot line of Lot 1, Block 3, Maple Hill 5th Addition as easement. Retain the east 10-feet, as needed by SBC, of the vacated ROW, that runs parallel to the west lot line of Lot 1, Block A, O'Dell - White Addition as easement. 4) Retain a portion or the entire vacated ROW as a drainage easement as determined by the Storm Water Engineer. 5) Provide the Goddard School District with a temporary, paved cul-de-sac/turn around at the vacated portion of City View Street at its intersection with Valley HI Road: Public Works has noted that this is a construction project and thus guaranteed. 6) Extend the platted 30-foot front yard setback, located on Lot 1, Block A, O'Dell – White Addition, into the vacated ROW. Extend the platted 40-foot front yard setback, located on Lot 1, Block 3, the Maple Hill 5th Addition, into the vacated ROW: done by vacation order. 7) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicants. 8) All improvements shall be according to City Standards and at the applicant's expense, including continuation of curbing along Taft Avenue or Valley HI Road, or construction of private drives onto Taft or Valley HI Road. Provide a guarantee for either of these improvements. 9) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1) The vacated ROW will revert to private property. Lot 1, Block A, O'Dell – White Addition and Lot 1, Block 3, Maple Hill 5th Addition are the abutting properties located within the plats where the 40-foot City View half-street ROW was dedicated. 2) There are platted 30-foot setbacks on the west sides of Lot 1, Block A, O'Dell – White Addition and Lot 1, Block 3, Maple Hill 5th Addition. Vacate those setbacks and replace them with the interior side yard setbacks, per the UZC for the "SF-5" zoning district to run parallel to the new property lines established by the vacated half-street ROW. 3) Retain the east 10 to –20-feet, as needed by Westar, of the vacated ROW, that runs parallel to the west lot line of Lot 1, Block 3, Maple Hill 5th Addition as easement. Retain the east 10-feet, as needed by SBC, of the vacated ROW, that runs parallel to the west lot line of Lot 1, Block A, O'Dell – White Addition as easement. 4) Retain a portion or the entire vacated ROW as a drainage easement as determined by the Storm Water Engineer. 5) Provide the Goddard School District with a temporary, paved cul-de-sac/turn around at the vacated portion of City View Street at its intersection with Valley HI Road: Public Works has noted that this is a construction project and thus guaranteed. 6) Extend the platted 30-foot front yard setback, located on Lot 1, Block A, O'Dell – White Addition, into the vacated ROW. Extend the platted 40-foot front yard setback, located on Lot 1, Block 3, the Maple Hill 5th Addition, into the vacated ROW: done by vacation order 7) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicants. 8) All improvements shall be according to City Standards and at the applicant's expense, including continuation of curbing along Taft Avenue or Valley HI Road, or construction of private drives onto Taft or Valley HI Road. Provide a guarantee for either of these improvements. 9) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: Approve subject to staff recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (10-0). --------------------------------------------------- ? PUBLIC HEARINGS 4. Case No.: DR2005-18 - Request Adoption of the South Central Neighborhood Plan Area Boundaries: Kellogg on the north, the Arkansas River on the south and west, and Washington and the railroad tracks, from Pawnee to the Arkansas River, on the east. Background: On March 16, 2006, the Metropolitan Area Planning Commission received a briefing on the proposed South Central Neighborhood Plan. Following the briefing, the MAPC passed a motion to set a public hearing date of April 20, 2006, to hear formal public feedback on the proposed Plan. At the hearing, the MAPC asked that additional information be provided regarding the future cost of infrastructure projects recommended by the Plan's implementation initiatives. The Plan provides general policy direction and lays out the processes by which future policy decisions should be made. While the plan identifies infrastructure projects that are desired, adopting the plan does not necessarily indicate that these projects will be implemented. Each individual infrastructure project will receive separate approval, and the decision will be based, in part, on a detailed cost-benefit analysis of the project. To provide the additional information requested by the MAPC, the attached South Central Neighborhood Plan, May 2006, has been revised to add cost information for those implementation initiatives that recommend infrastructure projects. The cost information provided is an estimate based on the cost of similar projects. The cost estimates are in today's dollars, even though the project may not be completed for 15-20 years or more. Future decisions to implement each individual infrastructure project will be made based on a policy review, as outlined by the Plan's implementation initiatives. Recommended Action: That the MAPC pass a resolution adopting the South Central Neighborhood Plan, May 2006, as an element of The Wichita-Sedgwick County Comprehensive Plan. Attachments: South Central Neighborhood Plan, May 2006, Draft 4-20-06 South Central Neighborhood Plan Summary Report, Draft 4-20-06 DALE CHURCHMAN, 1357 S. Broadway, Wichita, KS 67211 This plan has been in the works for a number of years, in 1979, US-81 was moved to I-135 and many small hotels and businesses that were dependent on the highway were without customers. The neighborhood deteriorated. Thus the neighborhood conducted surveys and studies to identify good and bad characteristics of the neighborhood. The South Central Improvement Alliance and the South Central Neighborhood Association were revamped and selected new leadership. BILL DAVIS, 1818 S. Main, Wichita KS 67213 I am the President of the South Central Neighborhood Association. I represent about 20,000 + people in this area and they are looking for a chance to improve and build a better neighborhood. ANDY SOLTER, 703 S. Main, Wichita, KS 67202 Today, I am representing the South Central Improvement Alliance. As part of this plan, there are a group of neighborhood businesses, the local churches, as well as the local schools, and residences that have worked on this plan the last 5 years, and the plan will be funded in large part from them. ALDRICH We have a couple of these Neighborhood Plans presented to us and this is one of the best ones that I have reviewed and seen. MOTION: Adopt the South Central Neighborhood Plan, May 2006, as an element of The Wichita- Sedgwick County Comprehensive Plan. ALDRICH moved, HILLMAN seconded the motion, and it carried (11-0). --------------------------------------------------- 5. Case No.: CON2006-09 – Snook Trust Agreement (James K. Snook); Milo M. Unruh, Jr. and Catherine Rocky (agents) Request Sedgwick County Conditional Use for C & D landfill and extension of CU-403 for rock crusher and continuation of CON2002-12 for sand and gravel extraction, property zoned "LI" Limited Industrial on property described as; TRACT A: Lot 1, Block 1, The Broad Street Addition to Sedgwick County, Kansas. TRACT B: A tract of land in the Northeast Quarter of Section 14, Township 28 South, Range 1 West of the Sixth Principal, Meridian, Sedgwick County, Kansas, Described as follows: that part of the Northeast Quarter of said Section 14, lying West of the Missouri Pacific Railroad Right-of-Way (as Established in Deed Book 964, page 39 and in Deed Book 1230, page 340), EXCEPT the North 933.00 feet thereof, and EXCEPT that part taken for the Wichita-Valley Center Floodway Condemned by Case A-30410 and EXCEPT that part Platted as The Broad Street Addition to Sedgwick County, Kansas. TRACT C: That part of the West half of the Southeast Quarter of Section 14, Township 28 South, Range 1 West of the 6th P.M. Sedgwick County, Kansas lying east of the Wichita-Valley Center Flood Control Right-of-Way per Condemnation Case A-30410 and west of the Missouri Pacific Railroad Right-of-Way as established by the Deed filed in Book 1230, page 344, TOGETHER with that part of the East half of the Southeast Quarter of Section 14, Township 28 South, Range 1 West of the 6th P.M., Sedgwick County, Kansas lying west of the Missouri Pacific Railroad Right-of-Way as established by the Deed filed in Book 1230, page 342. TRACT A: Lot 1, Block 1, The Broad Street Addition to Sedgwick County, Kansas. TRACT B: A tract of land in the Northeast Quarter of Section 14, Township 28 South, Range 1 West of the Sixth Principal, Meridian, Sedgwick County, Kansas, Described as follows: that part of the Northeast Quarter of said Section 14, lying West of the Missouri Pacific Railroad Right-of-Way (as Established in Deed Book 964, page 39 and in Deed Book 1230, page 340), EXCEPT the North 933.00 feet thereof, and EXCEPT that part taken for the Wichita-Valley Center Floodway Condemned by Case A-30410 and EXCEPT that part Platted as The Broad Street Addition to Sedgwick County, Kansas. TRACT C: That part of the West half of the Southeast Quarter of Section 14, Township 28 South, Range 1 West of the 6th P.M. Sedgwick County, Kansas lying east of the Wichita-Valley Center Flood Control Right-of-Way per Condemnation Case A-30410 and west of the Missouri Pacific Railroad Right-of-Way as established by the Deed filed in Book 1230, page 344, TOGETHER with that part of the East half of the Southeast Quarter of Section 14, Township 28 South, Range 1 West of the 6th P.M., Sedgwick County, Kansas lying west of the Missouri Pacific Railroad Right-of-Way as established by the Deed filed in Book 1230, page 342. TRACT A: Lot 1, Block 1, The Broad Street Addition to Sedgwick County, Kansas. TRACT B: A tract of land in the Northeast Quarter of Section 14, Township 28 South, Range 1 West of the Sixth Principal, Meridian, Sedgwick County, Kansas, Described as follows: that part of the Northeast Quarter of said Section 14, lying West of the Missouri Pacific Railroad Right-of-Way (as Established in Deed Book 964, page 39 and in Deed Book 1230, page 340), EXCEPT the North 933.00 feet thereof, and EXCEPT that part taken for the Wichita-Valley Center Floodway Condemned by Case A-30410 and EXCEPT that part Platted as The Broad Street Addition to Sedgwick County, Kansas. TRACT C: That part of the West half of the Southeast Quarter of Section 14, Township 28 South, Range 1 West of the 6th P.M. Sedgwick County, Kansas lying east of the Wichita-Valley Center Flood Control Right-of-Way per Condemnation Case A-30410 and west of the Missouri Pacific Railroad Right-of-Way as established by the Deed filed in Book 1230, page 344, TOGETHER with that part of the East half of the Southeast Quarter of Section 14, Township 28 South, Range 1 West of the 6th P.M., Sedgwick County, Kansas lying west of the Missouri Pacific Railroad Right-of-Way as established by the Deed filed in Book 1230, page 342. Generally located East of Wichita-Valley Center Floodway and approximately 1,000 feet south of MacArthur Road (south of Broad Street/Oak Street intersection). BACKGROUND: The application area is 82.35 acres of "LI" Limited Industrial zoned land, subject to Conditional Uses 403 and 2002-12, located south of MacArthur, east of the Wichita-Valley Center Floodway and west of West Street. Per Conditional Use 403, the northern 57.61 acres (the northern 1,660 feet of the 82.35-acre site, as measured along the east property line) of the application area permits rock crushing and borrow excavations until August 28, 2006. CON2002-12 covers the southern 24.74 acres (the southern approximately 1,600 of the 82.35 acre application area) and permits mining and quarrying operations through May 15, 2012. (See Exhibit A.) CON2002-12 will continue to May 15, 2012 regardless of the outcome of this request. CU-403 uses would cease on August 28, 2006, unless the time period is extended by this application, as discussed below. To summarize the range of existing permitted uses on the entire 82.35-acre site: all LI Limited Industrial uses permitted by-right (entire application area), soil extraction (entire site) and rock crushing and concrete and rock recycling (northern 57.61 acres only). Currently the southern half of the area covered by CU-403 has been excavated while the northern half has the crushing operation, material stockpiles and a metal building that appears to be a contractor's yard. The southern 24.74 acres covered by CON2002-12 appears to be un-mined. (See Exhibit A.) The applicant is seeking an extension of the rock crushing and borrow excavation activities permitted by CU-403 from August 28, 2006, to August 28, 2016, and approval of a construction and demolition (C&D) landfill on the southern 58.80 acres of the application area, as depicted on Exhibit D – the southern approximately 2,650 feet of the application area. The northern boundary of the C&D application area is located approximately 660 feet south of the applicant's northern property line, located on the south side of Oak Street. (Oak Street is platted but not installed.) The northern limit of the fill area is to be setback from the C&D application area a minimum of 80 feet, or 740 feet south of Oak Street. The setback along the eastern property line varies from 30 to 50 feet. (Thirty to 50-foot setbacks from the applicant's property line will require County Commission approval as this distance does not comply with adopted site design setbacks described in B of the Conformance to Plans and Policies section below.) The setback along the western property line varies from 150 to 185 feet. (All distances are approximate.) For the area covered by the C&D application, the setback distances established by this request will replace any setbacks established by CU-403 and CON2002-12. C&D activities will occur in three phases as depicted on Figure 2. The height of the fill area is projected to be 40 feet. (CU-403 limits the height of both raw and finished materials piles to 25 feet. The LI Limited Industrial district permits heights up to 80 feet, plus two feet of additional height for every one foot of additional setback above the minimum required.) A ten-year time period is requested, commencing upon final state and local regulatory approval. Access to the proposed C&D landfill is to be off of Broad Street, as it is today for the existing Conditional Uses. The applicant proposes to plant native shrubs in clusters on all sides of each phase as final cover is being applied. Areas not planted with shrubs would be planted with native grasses. If the request is approved the applicant will need to vacate a utility and drainage easement and dedicate same in other locations, as depicted on Figures 1A and 2, and in the applicant's letter of request. All properties immediately adjacent to the north, east and south are zoned "LI" Limited Industrial. Immediately west of the application area is the Wichita-Valley Center Floodway, which is not zoned and is approximately 1,180 feet wide at this location. The land west of the floodway is zoned a mix of residential, "SF-5" Single-family Residential and SF-20 Single- family Residential, with part of the land preliminarily platted as Gray's 5th Addition and final platted as the Trinity Point Subdivision. Trinity Point is partially built out, but there are a number of remaining vacant lots. Land to the north of the applicant's ownership is zoned LI Limited Industrial, and is mostly vacant or agricultural use with a residence, but part of the area is platted as the Diamond Addition to Oatville. Immediately east of the application area is the Kansas and Oklahoma Railroad line, which is active. Beyond the railroad is a mix of farm ground, industrial, commercial and government uses, all zoned LI, Limited Industrial. In a larger context, there are several existing and newer residential subdivisions located in the general area. Besides Trinity Point Addition to the west, Wheatland Addition, a residential subdivision, is located west of Hoover. The land located west of the floodway and north of Trinity Point Addition is zoned for residential use. An elementary school and a church also are present. To the north of MacArthur is Oatville, an existing residential neighborhood. West and north of Oatville is the recently approved residential subdivision, Blue Lakes. The area east of West Street is predominately zoned and used for residential purposes with some smaller tracts zoned for commercial and industrial uses. Residences and a manufactured home park already exist, and a newer residential subdivision, Angle Fire, has been approved. Based upon information provided by the applicant, the proposed C&D landfill would become a prominent highly visible landmark within the neighborhood, much to the detriment of these neighbors. Trinity Point Addition, located west of the floodway, has an elevation that ranges between 1284 and 1297 (approximate). The tops of the high banks of the Wichita- Valley Center Floodway are an elevation of 1298. With 40 feet of fill from existing grade, the top of the proposed landfill is projected to be at an elevation of 1326, resulting in at least 28 feet of the fill area being visible, across the floodway, from the subdivision. The closest residence is located approximately 400 feet north of the application area and 900 feet to the northeast. The railroad is at an elevation of 1294, resulting in at least of 32 feet of the fill area visible from the east if the fill were to be 40 feet above grade. CASE HISTORY: CU-403, which permits rock crushing, storage and recycling of concrete and asphalt and soil excavation, was approved in 1996. CU-403 contained 19 conditions of approval, among which was a 25-foot height limitation on stockpiles of raw and finished materials. CON2002-12, which permits mining and quarrying was approved in 2002. A portion (42.83 acres) of the area covered by CU-403 is platted as the Broad Street Addition, which was recorded in 2002. The remainder of the site is unplatted. ADJACENT ZONING AND LAND USE: NORTH: "LI" Limited Industrial; vacant, farmstead SOUTH: "LI" Limited Industrial; county maintenance yard EAST: "LI" Limited Industrial; vacant, commercial, industrial WEST: "SF-5" Single-family Residential, SF-20 Single-family Residential, RR Rural Residential; flood control structure; residential, agriculture PUBLIC SERVICES: Sewer and water services are not available, but are not needed for the proposed use. MacArthur carries an average daily traffic volume of 7,651 vehicles. CONFORMANCE TO PLANS/POLICIES: The Board of Sedgwick County Commissioners, on November 10, 2000, approved the following regulations for C&D landfills. Pertinent site design requirements include: A. No operations shall be located closer than 500 feet of an occupied dwelling, school, or hospital that was occupied on the date when the owner first applied for a permit, unless the owner of such dwelling, school or hospital consents in writing. (There is a dwelling located north across 37th Street. Staff cannot verify if it is occupied; however the applicant's agent indicates that it is not occupied. If it is occupied, a waiver will be required.) B. Newly permitted C&D facilities shall maintain a minimum 150-foot buffer from the edge of the C&D landfill's property line. The County Commissioner may grant a reduction in the size of buffer required. C. Surface water drainage and control systems shall divert surface water away from areas where waste is present or from operational areas. D. Discharge of pollutants is prohibited. E. C&D facilities shall be reasonably screened from adjacent roads, streets, and commercial or residential properties except at points of ingress and egress, to a minimum height of 8 feet by the use of berms, walls, fences or plantings. F. Landscaping shall be maintained in proper order. G. Facility property and property within one-half mile from the facility shall be kept reasonably free of debris, litter or vectors resulting from the C&D facility. H. Access roads to the facility shall be all weather and negotiable at all times. Load limits on bridges and access roads shall be sufficient to support traffic generated by the facility. Pertinent location restrictions include: A. C&D facilities shall not be located within the 100-year floodplain unless protected by flood control levees. B. C&D facilities will not cause significant degradation of wetlands. C. C&D facilities will not result in the destruction of critical habitat of endangered or threatened species nor contribute to the taking of same. D. The vertical separation between the lowest point of the lowest cell and the predicted maximum water table elevation shall be sufficient to maintain a five foot vertical distance between deposited material and the water table elevation. E. No permit for a C&D facility shall be issued on or after the effective date of this resolution if such area is located within 1 mile of an intake point for any public water supply system. The owner may petition the County Commissioners for an exception based upon proof of protection of the public water supply. The Wichita-Sedgwick County Comprehensive Plan contains an objective that indicates it is appropriate to minimize the potential for environmental contamination while maintaining cost efficiency by proper management of the solid waste generated or disposed of in Wichita-Sedgwick County. Strategies that are appropriate include: reductions in the volume of waste generated by implementing educational programs and the establishment of community goals for recycling and composting, and encourage alternative waste management practices that are economically viable, cutting edge and environmentally sensitive. The "2030 Wichita Functional Land Use Guide" depicts this site as appropriate for "processing industry." Processing industry encompasses industrial uses associated with primary extraction, impacts associated with noise, hazardous emissions, visual blight and odor. The range of uses includes: aggregate and concrete plants, refineries, slaughterhouses, rendering and primary agricultural processing plants, salvage and recycling yards. RECOMMENDATION: Not all land zoned LI Limited Industrial is appropriate for use as a construction and demolition landfill. In this case, the application area is sufficiently buffered for its current uses from other less intense uses in the area. However, the introduction of a C&D landfill, especially one 40 feet above grade, would not be appropriate for an area that has as much existing and proposed residential use in the general area. The larger area surrounding the application area has, in the past, been viewed as a somewhat older isolated residential area, but in recent years the area has begun to be viewed as an emerging residential area due to the increase the number of new residential subdivisions being platted. While the immediately adjacent area is primarily industrial, a larger perspective of its vicinity shows a substantial amount of residential development. The emerging residential character of the larger neighborhood would be adversely impacted by this proposal. Based upon information available prior to the public hearings, planning staff recommends: Denial for the request for an extension of time for CU-403 to August 28, 2016, and Denial of the request for the C&D landfill. However, if in the opinion of the planning commission the landfill request is appropriate at this location, approval should be subject to the following conditions: 1. Demolition and construction solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities as further defined in K.S.A. 65-3402(u) shall be the only landfill material permitted. Household solid waste, hazardous or toxic wastes, as defined by K.S.A. 65-3430 et. seq. shall not be permitted for disposal at this site. 2. The landfill operation shall obtain all applicable permits or licenses. Operations shall proceed in accordance with all conditions established by, but not limited to: the Kansas Department of Health and Environment (KDHE), Sedgwick County Public Works, Sedgwick County Environmental Resources, Sedgwick County Code Enforcement or any other agency having jurisdiction or oversight authority for the activities conducted on the application area. 3. The landfill shall not be open to the general public, however the landfill shall be open to solid waste collection vehicles licensed to collect C&D material. A landfill operator shall be on site during all hours of operations for the purpose of screening incoming loads for authorization, inventory of the type, size and quantity of loads, and direction of loads to the appropriate cells. Access to the site shall be prohibited except during the hours of operations. 4. A minimum six-foot high fence shall be installed around the perimeter of the site to minimize the blowing of any materials onto adjacent properties. The fence shall be either chain link or welded or woven wire with openings no larger than two inches. 5. A detailed grading/drainage plan shall be submitted to Sedgwick County Public Works for review and approval prior to commencement of operations. A copy of the approved grading and drainage plan shall be submitted to the Planning Department for filing with other case materials. The operation of the landfill shall be in conformance with the approved grading plan and drainage plan, and with the Site Plan. Landfill operations shall be staged as indicated on the site plan with only one phase in operation at one time. Prior to the opening of any new phase, the previous area shall be graded and seeded in accordance with approved plans and with at least 18 inches of clean cover material. 6. Material shall be piled no higher than elevation 1294 (height of the railroad tracks) or eight feet above existing grade as shown on Figure 5, Section A-A "Looking North." Setbacks shall be those established on the approved site plan. 7. Water and other forms of dust retardant shall be used as needed to control blowing dust from the site, especially from working areas and other areas where there is truck traffic. 8. The landfill shall be developed and operated in compliance with all conditions of approval. After a determination that a violation has occurred the Director of Planning and the Director of County Code Enforcement may declare this Conditional Use null and void. If the Planning Commission finds that the request to extend the time period for CU-403 to August 28, 2016 is appropriate, then it is recommended that it be approved subject to all the original conditions of approval except for the date operations must cease. The recommendations for denial are based on the following findings: 1. The zoning, uses and character of the neighborhood: The land immediately north, east and south of the application area is zoned LI, Limited Industrial. The land immediately west of the site is not zoned as it is developed as the Wichita-Valley Center Floodway. West of the floodway, land is zoned SF-5 Single-family Residential, SF-20 Single- family Residential and RR Rural Residential. The SF-5 zoned land has been platted as Gray's 5th Addition and Trinity Point Addition. Uses to the: north are residential, commercial and agricultural; east are railroad tracks, agricultural, commercial and industrial; south are the floodway and a Sedgwick County maintenance yard and west are the floodway, residential, school, church and vacant. The area east of the application area, south of MacArthur and west of West Street is a mix of residential, commercial and industrial uses. The existing commercial and industrial uses are generally clean, low impact uses that appear to generate little if any noise, dust or visual blight. Uses further to the north, east and west are a mix of residential and commercial uses. Another new residential subdivision has been platted north of MacArthur, just east of the floodway – Blue Lake Addition, while Angel Falls Addition was platted east of West Street, south of MacArthur. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned LI, Limited Industrial which permits a wide range of economically viable uses by-right. The base LI permitted uses are suitable for the site given the existing and proposed uses and zoning surrounding the site. The site also permits rock crushing, concrete and rock recycling and soil extraction on a portion of the application area until August 28, 2006, and soil extraction until 2012 on another portion. A variety of LI permitted uses are possible with the site's current zoning. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of this request will introduce a use that can significantly negatively impact existing and proposed nearby uses. While in use, C&D landfills can significantly increase the number and or frequency of truck trips that can significantly increase noise and dust generated from the site. Existing C&D landfills in other parts of the city have created significant increases in the amount of fugitive trash and debris. Finally, the stacking of waste building materials to a height of 40 feet above grade will be intrusive to an area that is essentially flat except for the levies of the floodway and the railroad right-of-way. A landfill in this location will negatively impact the sale of existing residential lots and the creation of new residential lots in the surrounding area. 4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval of the request would provide a fourth C&D landfill in the Wichita area, which should provide increased convenience for customers and competition for other landfill operators. However, approval would likely negatively impact the emerging residential area located north (Blue Lake Addition), east (Angel Fire) and west of the floodway (Gray's 5th and Trinity Point additions). The positive gain that the emerging residential uses represent to the public far outweighs the limited gains approval of this request represents. Denial presumably would be a loss of economic opportunity for the applicant, and to a limited universe of C&D customers in terms of convenience and competitive advantage. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The "2030 Wichita Functional Land Use Guide" depicts this site as appropriate for "processing industry." Processing industry encompasses industrial uses associated with primary extraction, impacts associated with noise, hazardous emissions, visual blight and odor. The range of uses includes: aggregate and concrete plants, refineries, slaughterhouses, rendering and primary agricultural processing plants, salvage and recycling yards. 6. Impact of the proposed development on community facilities: Truck traffic could increase along MacArthur. MOTION: To reduce time for the public here today to provide testimony to three minutes instead of five minutes. WARNER moved, DOWNING seconded the motion, and it carried (11-0). All Planning Commissioners stated they have been contacted prior to the public hearing today. DALE MILLER, MANAGER CURRENT PLANS DIVISIONS I am going to go through the slides because it will display what they are proposing rather then me trying to verbally describe it. There are some modifications that the applicant is requesting that I need to go over as we go through this. There are two older cases, CU-403 and CON2002-12 that already exist, and the applicant is requesting for an extension of time. There is a Conditional Use (Case #CU-403) for rocking crushing and soil mining. A portion of that area was platted, but not all of it. The stockpiles are limited to a height of 25 feet and the applicant is allowed to continue that use until August 28, 2006, and the applicant is requesting to extend that time to August 28, 2016. The Conditional Use (Case #2002-12) for soil extraction is allowed to continue until May 15, 2012, and the applicant has indicated that if this is approved they would like to get all three of these application lined up so the deadlines are all the same, the proposed date for all three would be May 15, 2012, which is different from what is written in the staff report. Exhibit B basically shows the plat and how it sits on that original Conditional Use (CU-403). The CU is much larger and they platted this portion (pointing to a map). There is an existing building that is on the property and you can see the excavated areas clearly on this aerial. Exhibit C shows a proposed lot split, if approved. This line (pointing to the map) would be the northern limits of the landfill. This area would remain, assuming the extension is granted, and would be the rock crusher, but from this area south would be the area that would contain the C & D Landfill. The following slides are showing the proposed landfill layout, existing site plan and existing survey. If this is approved they will need to relocate a floodway reserve and a utility easement, and those are things that can be accomplished outside this application. They will have to vacate and re-dedicate easements to make that work. The applicant originally proposed fill that would be as high as 40 feet. They have since amended the request and they are willing to stop at 25 feet. That is different from what is in the staff report. They do have a landscape plan, that is Figure 3, that shows once it is completed, and the final cover is on, they will plant it with native type shrubs, trees and grasses, and it would look like a hillside once completed. Figure 4 is a little blurry but it does give a better view of the larger area and it gives individual calculations for how large each phase would be. Figure 5 shows the existing floodway with the high banks. (Pointing to the figure) This was the 40-foot tall landfill area. That would be the railroad tracks and the bed that it sets on. To the west would be the land and the subdivision to the west of the Big Ditch, and over here would be the Limited Industrial zoning that goes out to West Street. In the staff report, originally at the 40 foot height level, basically if you were at the high point to the west of the Big Ditch, I don't know any other way to described it, but if you lay on the ground and look straight across the top of the high bank of the Ditch, what you would see above is approximately 28 feet of fill area that would be exposed above the high bank. Obviously, if you were in a house or on the second floor you would see more because of the angle. With the reduction of height they are proposing, I am estimating that would drop it down to the 14-foot level that would be visible above the high bank of the Ditch. On page 4, under conformance to plans/policies, condition (a) states, "There is a dwelling located north across 37th Street." That is an error, and should be changed to Oak Street." Because I was describing the house south of MacArthur that would be the closest home to the northern boundary and it is over a 1,000 feet away, and somewhere else in this report it says it is only 400 feet away which is incorrect." Staff is recommending denial for the request for an extension of time for CU-403 to August 28, 2016, and Denial of the request for the C & D landfill. HILLMAN What is the height of that concrete building? MILLER I am not sure. I am being told (by someone in the audience) 20 feet. ALDRICH On the floodway right there even lowering the height from 40 foot to 25 foot and then building up the floodway bank right there, what effect would that have on the floodway area? Would that create a problem? MILLER They are required to stay 150 feet away from their property and the high bank would even be beyond that, so it could be as much as 190 feet from the east high bank to where the landfill would actually start. They will have to submit a drainage plan. DUNLAP Is this "LI" Limited Industrial zoning there because it was requested to be industrial zoning? If so, how long ago was that? That area that has been platted on the north side there, do we know why it was platted the way it is? MILLER That is an old plat from 1950's. DUNLAP Was it industrial zoning at the time that it was platted? MILLER As far as I know that area has always been Industrial. DUNLAP It is similar in nature in what we have been facing along the railroad tracks down here? MARNELL In the recommendation for denial, CU-403, in addition for the C & D landfill, would you elaborate a little more on that? MILLER That is the rock crushing permit and it is scheduled to expire on August 28, 2006, and based on the premise, in staff's opinion, this is an emerging residential area, then it probably makes sense for uses to be less intensive; those that require Conditional Uses to be allowed in the "LI" Limited Industrial zoning to minimize their visibility and try an transcend to less noisy or potentially noxious uses. JOHNSON Have there been any complaints about the rock crushing activity in the past? MILLER We have not received any in our department but the appropriate place would be to call County Code Enforcement. JOHNSON Did anyone check with them? MILLER I did not think to ask them that specific question. MILO M. UNRUH, Jr., Attorney at Law, 300 W. Douglas, Ste 300, Wichita, KS 67202 I represent the applicant, Mr. Snook, who is part owner of Bergkamp Construction, and they have been in business for over 50 years, and he is very familiar with the operation and area, the current uses, and proposed uses. Also here today is Katheryn Rocky from Terracon, she is the person who is responsible to the applicant to ensure the permitting processes are faithful followed. In response to the question if Mr. Snook has received any complaints, we are unaware of any complaints over the past 10 years of our rock crushing operation. We are not aware of any complaints to MAPD or Sedgwick County Code Enforcement. In an effort to address the concerns that were expressed by the members of the Planning Department we are willing to reduce the height level by over 1/3 from the 40-foot above elevation to the 25-foot. That would be consistent with the current height limitation that this Planning Commission granted on the materials under the rock crushing operation. We have also are willing to make all three deadlines to be the same day for the rocking crushing and the C & D landfill to May 15, 2012, which is the current date that CON2002-12 is set to expire, so all three operation would expire on the same day. There has been a substantial amount of work that has already taken place to make sure that this operation would be viable. We will comply with all state, local, county and city regulations that would be enforced with regards to the operation in question. Mr. Snook believes that given the current situation, and the locations of the C & D landfills that have been approved by this Planning Commission that there is a niche in the particular area which he has been involved in for over 30 years. He believes this landfill will provide more competition to the existing three C & D landfills, convenience for the people that would come to the landfill in this particular landfill. This area has been zoned "LI" Limited Industrial for many, many, years. It has not been altered, modified. The land on the north, east and the south surrounding the site is all "LI" Limited Industrial. The floodway is not zoned but you can see that is roughly a 1,400 foot wide buffer on the west of the site, and on the east we have the railroad which form a boundary and buffer. Access will not be changed. Access will be on Broad Street to the area. Most traffic will come down West Street, going north or south, turning to the west on MacArthur and using Broad Street in the facility and for operations. The permitted uses, per the staff report, of rock crushing, recycling and soil extraction are suitable for this site. The C & D landfill, as proposed, is a logical extension of both permitted uses because we get concrete, asphalt, and it is suitable with the "LI" Limited Industrial zoning. What is very important, in our view, is the "2030 Wichita Functional Land Use Guide" that was presented by MAPD specifically said this site as appropriate for "processing industry." The "processing industry" that we are speaking of indicates that it encompasses industrial uses associated with primary extraction, impacts associated with noise, hazardous emissions, visual blight and odor. The range of uses includes: aggregate and concrete plants, refineries, slaughterhouses, rendering and primary agricultural processing plants, salvage and recycling yards. We are of the opinion that the proposed use that we have in mind will be less intrusive than the "processing industries" that are specifically cited by the Planning Department all the way to 2030, keeping in mind that in that same document they also recognize a residential development that will be taking place to the west and some to the north. So when the 2030 document was prepared these types of situations were taken into consideration and the specific site was noted suitable for processing industry. It is our best estimate at this time that if we are able to proceed with the C & D landfill, we would hope to capture about 20% of the market, given the location, and situation of the other (3) permitted C & D landfills. On an average daily basis there would be an additional 10-12 trips. Access to a major arterial street is already there. The noise will not increase from the current operations that we now have in place. Trash has been addressed with the fencing proposed by the MAPD staff. I also want to make specific note as Mr. Miller indicated, the operations will be in (3) phases. We are not doing covering the entire acreage. We have Phase 1, which covers 4.8 acres, when we are finished with that it will be filled, covered, and planted with native grass and shrubs. Then we move to Phase (2), which is the application that is 15.8 acres and we go through the same process. Phase (3) will be 20.6 acres so the total area will be about 40 acres. Concluding I would like to address the concerns expressed by the MAPD staff as to the residential development. Whatever we propose we will probably never satisfy the concerns of the residences, particularly those west of the floodway. It does not mean that we are not mindful to their concerns, because we are, and one of the matters that concerned the staff in which we attempted to address was reducing the elevations by over 1/3 to the 25-foot. It is clear that currently this is a mix of industrial, commercial, rural residential, residential, farm ground and industrial uses. In this area we have DeBruce Grain, the trash transfer station, the Sedgwick County Maintenance Yards and Mr. Snook's operation. It is a mix and it is going to be a mix for a long, long, time. When the residential development occurred those operations were there, and we believe the fact that right now with those operations in place, people are buying, developing and platting, knowing full well what that current mixture is. Just to the north of the site there is a new development of Blue Lake. These homes are advertised in the $150,000 range, right next to an asphalt plant. They have to drive past the asphalt plant. Those people are not hesitant to develop. ALDRICH What measures will your client take to ensure that there is not debris blowing around. UNRUH The fencing requirement is satisfactory as it is in the staff report. We also discussed a bullpen approach. JIM K. SNOOK, 14800 W. Maple, Wichita, KS 67235-8747 The bullpen approach is when we bring our trucks to stop there are several different handling procedures that have to go on with a C & D landfill, with sorting, and inspection. If you have, say a driving range next to residential places, we will build a bullpen with a hard surface thing as we sort different types of items that are allowed. There are some items that are not allowed in a C & D landfill that we will have to physically sort through, and put in a thing like short telephone poles and use netting inside of it like you would at a golf course, like out there at Sports World next to a residential area. We will build that up and have it where trucks can go in and out of there and help maintain traffic. HILLMAN You already have done some digging and some soil removal in this area, correct? SNOOK Correct. HILLMAN Your down to the water table as I noted in the picture, correct? SNOOK That is incorrect, that is not ground water. HILLMAN How far down have you gone? SNOOK I think we are down to 8 feet. HILLMAN Are you into sand? SNOOK No, that is an amazing structure of soil there. When we covered up Chapman down on Hydraulic and MacArthur, years ago we actually went into the floodway, and they wanted some work down for the City of Wichita, and there is a heavy seam of clay up at our offices and north of MacArthur Road the soil changes. There is some sandy soil but most of it is very tight clay soil. We have had groundwater monitoring wells in there for a little over (1) year, and we are at least 5 feet above the water table. HILLMAN That is great as long as you are taking things out of the area. I think we are here looking at the future, things that you might be putting into the area. Does Terracon or whomever you work with plan on putting in a liner or a double liner, monitors? What is your plan? SNOOK The monitoring wells are there already and we have wells that are there. HILLMAN I understand that, but quite often they put in monitors between the double layers of a collection container so that they can detect leaks prior to getting whatever you put in there into the ground. SNOOK That is not required in a C & D landfill; that is more of a sanitary landfill application. BISHOP Are you currently doing C & D land filling in that area? SNOOK No. BISHOP How about tires? I am referring to the Department of Environmental Services memo. It says there appears to be a C & D landfill operation in place on the parcel of land for the proposed conditional use. There are numerous piles of what appears to be C & D waste. There appears to be additional waste, including a great pile of waste tires, being land filled. SNOOK I save all my old scraper tires. We have a lot of tires; a lot of them are still good, and old scraper tire we keep around. A lot of those have been sectioned. BISHOP So they would not be land filled? SNOOK No, they are not allowed in a C & D. We recycle concrete and asphalt, and we extract earth from that area. On different types of soil from different jobs all through the City we will have some rubble that will not go right into our first pile of processing material, and as we have time throughout the year we use shaker buckets and backhoes and we clean the soil out of it when we have time. We don't do it on a continual basis because we are not working in there 100% of the time. Most of our product is a tar material that all the paving companies use and we use it for road base for the City of Wichita. BISHOP To clarify, your attorney stated there has not been any Code Enforcement activity on the part of the County, is that correct? SNOOK I have not been aware of a Code Enforcement problem. ALDRICH What about the standing water, but given all the rain that we have had lately where did the water come from? SNOOK Most of that water has come from the runoff. That clay soil down there is so tight. You can see how it has receded. It was 3-4 months ago; we pump that down periodically, that pit on the west the material that came out of there was material for the Cessna CT Citation project, the big Service Center, and we got some rains after that. It doesn't evaporate out of that pond. MARNELL Have you seen a copy of this memo from the Department of Environmental Services? SNOOK No. MARNELL Why wouldn't this have been provided to the applicant? MILLER We got that memo this morning to distribute to the Planning Commission. They are on the table in the hallway. Robert W. Kaplan, Attorney at Law, 430 N. Market, Wichita, KS 67202, I am representing Gray Construction. We believe this is going to be a serious impairment to his existing and his future development of residential housing in the area. We have reviewed the area to determine the advisability of a C & D at this site, and the continuation of the operation approved many years ago before this site became predominately residential. These areas are platted preliminary or final platted and slated for "SF-5" Single-family development, in the price range of $150,000+. This proposal of a landfill is the wrong project, the wrong place, and at the wrong time. Certainly there is some potential loss to the applicant. He will have to look elsewhere if he wants to do a C & D landfill. He has however had many uninterrupted years, assumed profitability with the crusher. The "LI" Limited Industrial zoning district provides him many opportunities for alternative uses. He can relocate. These homeowners and developers cannot relocate. The area that was talked about 10 years when the rock crusher was approved is not the area that we have today. In order to balance the equities you are going to consider the hardship, which is imposed on the applicant, in contrast to the detriment to my client who also operates a business, Gray Construction and to the many existing and future residences of the area. The rock crusher and C & D landfill can be relocated. This is not the area that it was when that obligation commenced. We request this application be denied. BILLY GRAY, Gray Construction, 204 N. WoodChuck, Wichita, KS 67212 (Set-up large demographic boards/display for the Planning Commission to review while he spoke). I have been developing property in this area since 1985. I started out with Wheatland Place 5th Addition. Since 1985, there has been lots of activity to this area. I have done about 750 homes, and another 400 homes done by others in the area, there is probably another 60-70 homes here in Angel Fire, and another development of about 300 homes. I am currently working on Trinity Pointe Subdivision. We are in the preliminary phase at this point. We are developing a 25-acre park here, so there will be park all along there. When I started Trinity Pointe, sewer capacity was questionable. The City of Wichita didn't have the sewer capacity to allow these areas. We gave the City of Wichita this parcel here beside the park so they could build a massive lift station and put it across the Big Ditch, which we shared in cost in order to provide sewer system for all these homes here. I do not believe my developments will be as successful if this C & D landfill is approved. Right here is a picture in the center of my subdivision Trinity Pointe taken from the center of my subdivision looking at my houses and looking at the applicant's area in the background. You see this gray area right here, we took this picture of a C & D landfill to show you the kind of material that will be put into a C & D landfill. This is at Brook's Landfill. This right here is based on his 20-foot level, and is architectural drawn to scale depiction of what his mounds will look like. We are up on a hill and you can see all of Downtown Wichita and Boeing, you can see a great distance. I don't think this C & D Landfill will be very accommodating to these homeowners. JIM WOOD, New Home Marketing, 9103 W. Central, Wichita, KS 67212 I have been in this business for about 30 years, and I represent about 21 subdivisions all over the City of Wichita, about 8-9 developers, and about 35 builders. I am representing today a subdivision that is opposed to the C & D Landfill, and is located approximately one mile from the proposed landfill. This subdivision is a water community. There are 266 lots, "SF-5" single-family homes. About 100 homes will be on the water and the balance off the water. Currently we have sold about 43 lots. There are 17 houses going up. The C & D Landfill will be very detrimental to the newer developments out there, and several homeowners that are living there. PATRICIA YORKINSON, PRINCIPAL OATVILLE SCHOOL, 4335 S. Hoover, Wichita, KS 67215 I am also a homeowner in the area. The Oatville School is located within 1/2 mile, directly west of the proposal of the rock crushing plant and landfill. Our school is in the middle of a bond project. We are building over a $1 million project. I have been the principal since 1990, and we have seen the enrollment increase from 150 students to currently 380. I feel this application will be very detrimental to our school, and the community around there. We already see dust and debris flying from the rock crushing plant and we have outdoor playground time that we are already experiencing a lot of problems with that. MARNELL Would you point on the map where the school is located. YORKINSON The school is about ½ mile away from the landfill. Our school has really benefited from the Trinity Pointe Subdivision and the growth to the area there. RANDY MCCARTY, 5924 W. KEMPER, WICHITA KS 67215 I own property here in the Trinity Pointe Subdivision. We are homeowners. When I get my newspaper in the morning I look over there and see the crusher every morning, and I have watched it develop. The school has grown, and the entire area has grown and the area is a real asset to the community. I oppose any more industrial operations in our area. PATRICIA HELMUTH, 4552 W. MACARTHUR, WICHITA KS 67215 I live directly across from the rock crusher, and I built a screened in porch towards the south before the rock crusher came in. I can't bring my mother from the nursing home to sit out on the porch and have some fresh air because it is just dirt. The wind blows from the south, and it comes right into my house and that is what we breathe. The sample of dirt in the jar I brought today for the record is from my sweeper, and that is just powder. I oppose the rock crusher and I opposed it from the beginning. MIKE SHETLAR, 4522 DORIS CT., WICHITA KS 67215 My house is right here. My backyard will be directly across from where this is going to take place. I would not have bought this home a year ago and spent $200,000 if I would have known there was going to be a dump in my backyard. I am strongly opposed to the landfill. He can located somewhere else. ERNEST WEBB, 5501 W. 44TH ST. S., WICHITA KS 67215 If this application is approved it will cost millions of dollars to the residences circling the project that they propose. Mr. Gray will not be able to complete his addition as he started it if they put this C & D here. JENNY MORRIS, 338 W. 35TH S, WICHITA KS 67217 My husband and I plan to build a house in about 3-4 years. We have looked at a lot of other developments, and I can tell you that for this price range Mr. Gray builds a better house then just about anybody. The lots are a nice size, and we have friends that live in the area and they were very pleased with Mr. Gray. There will be a lot of trucks and debris on the road. Currently we live in a mixed-use area. Frankly if you put the landfill in I am not going to tell you that we will not buy there, we will re-evaluate because these house are priced at $150-$200,000 price range, and I have misgivings about buying a home that overlooks a landfill. FRANCIS WHITE, 4528 W. MACARTHUR, WICHITA KS 67215 Currently I live across the street from this rock crusher. Everything in my house is dusty. I have vents for my attic fan and I have to keep them blocked off because of the concrete dust. I am opposed to the landfill. MELODIE MCDONALD, 4448 DORIS CT., WICHITA KS 67215 I have one window in the front of my house and I have 10 windows and a deck. I don't' really want to look outside and see the beautiful mountain of trash. When we bought there we knew about the light industrial operations, but if we knew about a possible dump in our backyard there would have been no way that we would have built our dream house there. This landfill will eliminate revenue from the City of Wichita in taxes alone. KATHY PERRY, (no address, did not sign in or state behind the podium) My husband is an Environmental Engineer. We have been living here less than six months. We would not have moved there. I have four children with me today and they are our children and we like to have our windows open and they would be breathing the air. Please deny this application. PHIL BRESSLER, 5314 W. 44TH CT. S., WICHITA KS 67215 I live north and west from this blue house, and from my back deck I can see over that back deck so that mountain of trash looks pretty small until you stand on my deck and you can see most of it. We did not move here to see a dump located in the same area. I am an Assistant Principal of Campus High School. Our school district has passed a huge bond issue to build schools based on projected growth and a landfill will reduce the growth of our community and Haysville. I don't want this in my backyard. DAN HEDLINCOLN I just bought a house in the older part of the development. If I had know there was going to be a landfill or even knew more about the rock crusher I would not have bought there. VICTOR LEIS, 4601 S. WEST STREET, WICHITA KS 67217 I live close to the rock crusher. I am concerned about the debris and the trash trucks and stuff that comes off their trucks and blow in our yards. Even though the trash trucks have nets on them stuff blows out. MILO UNRUH I would like to state for the record that this Environmental Service memo is not signed, and does not say who the staff person is that wrote it, and we were not aware of this memo until 30 minutes ago. I think it is unfair and untrue. It contains misstatement of facts, it is dated April 17th, three days ago, and we are just now informed of it and I think it is unfair to my client. We have presented our facts, and we presented that people have moved into this area with that current mix. We believe this use is appropriate. The zoning says it is appropriate. The MAPD when they were looking into the future, specifically, they could have picked 100 sites, but they didn't, they picked my client's site. If you will look at that map the only site selected is my client's. There must have been a reason for it. It was not picked out of the clear blue sky, and that was with knowledge in their own map for the next 25 years of the contemplated residential development around that site that is the planners, and we ask you to take that into consideration. MOTION: To deny the C and D Landfill and extension of time for CU-403 to operate a rock crusher and to conduct sand and gravel extraction. ALDRICH moved, BISHOP seconded the motion. JOHNSON Does that include the extension of the rock crusher operation? I want to give my opinion of the rock crusher. I have been on the MAPC long enough, and I can still remember the case, and there were quite a few limitations put on that and that is why I asked if there had been any formal complaints about any conditions that we put on that. I have not heard any testimony from staff or the public that there have been official complaints. That is not a landfill, it is a recycling operation, and has been there. There has been tremendous development of new homes in the area with it setting there. I am curious if the applicant is willing to give up all that as well as the landfill? I am open for discussion on that issue. MARNELL I am not going to base any of my decisions today on a memo that didn't go to the applicant, and showed up here unsigned, and was dated three days ago. I don't care for that kind of tactic. It looks to my like something may have been approved and appropriate at one point in time. But, I look at those pictures of the dust from the rock crusher, and the nature of this area has changed, it was primarily industrial but it looks to me like the prevailing south winds those folks to the north are getting an extreme amount of dust. I still did not hear the answer to Commissioner Johnson question about the extensions. ALDRICH Yes, I would include denial of the rock crusher, and sand and gravel extraction extension's, CU-403 and CON2002- 12. BISHOP Approve the amended motion. DUNLAP We have seen significant development in this area, which is something that, we, the Planning Commission who established that 2030 plan, one of the problems that we have had is a problem we refer to as site-built housing. We have had a stigma to the southwest area of manufactured housing or mobile homes, or mobile home parks and there are some more restrictions they are proposing on those parks. I will support the motion to deny both the extension and the C & D Landfill. Because I think this is an upgrade for the community, and the total area. MARNELL This is kind of a three-part thing with the C & D Landfill, extension of time for the rock crusher, and then an extension of time for the sand and gravel extraction. I have a problem with the third one of those three, but the sand and gravel extraction is a separate issue. MILLER The soil extraction is not part of your consideration; that will go forward because that was not asked to be amended. The only issue is whether or not you are going to extend the time frame for the rock crusher and whether you will approve the C & D Landfill. WARNER Was it the request of the applicant to extend the time? The proposal is to extend the time for the rock crusher? MILLER Yes, for CU-403, that is the one that allows the rock crusher. The CON2002-12 to conduct sand and gravel extraction, is separate, it has a time frame to allow it to go to 2012 currently. MARNELL But you have it on the staff report asking for an extension of time for that one as well, is that incorrect? MILLER The only request is for extension of the rock crusher (CU-403), they were trying to line up the deadlines, that if it was approved they wanted them to end at the same time. JOHNSON How did staff look at extending the rock crusher time? MILLER We felt if the Commission felt that this was an emerging residential area, that it is probably appropriate to start winding down on some of the uses that require additional approvals like a rock crusher or landfill, that is why we felt it was not appropriate to extend the time frame. MOTION carried 11-0. --------------------------------------------------- 6. Case No.: ZON2006-11 - Richard and Mary Jo Hill Request Sedgwick County Zone change from "RR" Rural Residential to "GC" General Commercial on property described as; The West three acres of a tract beginning at a point on the North line of the Northeast Quarter of Section 35, Township 28 South, Range 1 East of the sixth principal meridian, Sedgwick County, Kansas, said point being 776.52 feet West of the Northeast corner of said Northeast Quarter; thence South 330 feet; thence East 718.82 feet to the West line of A.T & S.F. Railroad right of way; thence Northerly along said right of way line 337.5 feet to the North line of said Northeast Quarter; thence West 648.07 feet to the point of beginning. Generally located on the southeast corner of 63rd Street South and Oliver, approximately 400 feet west of K- 15 BACKGROUND: The applicant requests a zone change for the subject property from "RR" Rural Residential to "GC" General Commercial. The subject property is located at the Southwest corner of K-15 and 63rd Street South, approximately 280 feet west of the K-15 right-of-way and is developed with a single-family residence. Also, the subject property lies within the "A-O III-S" Airport Overlay District. The applicant has offered a Protective Overlay limiting the range of allowable "GC" uses, which has been incorporated into the staff recommendation. The surrounding area is characterized by commercial and residential uses. The property to the north, across 63rd Street, is zoned "GC" Limited Commercial and developed with self-service storage and outdoor vehicle and equipment sales. The subject property is bounded by the new Oliver Street extension along its west and south boundaries. Just east of the subject property is a set of Burlington Northern Santa Fe (BNSF) railroad tracks. The properties to the west and south are zoned "RR" Rural Residential and are developed with single-family residences and agricultural uses. The property to the east, across K-15, is within City of Derby municipal boundaries and is developed with a variety of commercial and industrial uses, including a Lowe's Home Improvement Center. There is an issue here with the proximity of the property to the BNSF railroad tracks. Eastbound vehicles that are stopped for the railroad crossing could block westbound drivers from turning south into this property. With the traffic volumes here, westbound vehicles could be stacked back through the railroad crossing and crossing gates. Forcing the left turns to the new Oliver Street will increase this stacking distance and provide maximum safety. At the request of County Engineering, this requirement is incorporated into the Protective Overlay as a condition of platting. The Derby Planning commission heard this case on April 6, 2006 and unanimously approved per staff recommendations with two minor modifications. First, they recommended that Item #8 of the Protective Overlay be revised to require compliance to the City of Derby Sign Code. Second, they recommended striking Item #9 of the Protective Overlay. The subject property lies within the City of Derby platting area, so the plat will be required to comply with their Subdivision Regulations. CASE HISTORY: The subject property is unplatted ADJACENT ZONING AND LAND USE: NORTH: LC Office, general SOUTH: RR Oliver Street right-of-way; agricultural EAST: RR Single-family residence WEST: RR Oliver Street right-of-way; single-family residence; agricultural PUBLIC SERVICES: The subject property currently has access only to 63rd Street, a four-lane principal arterial with traffic volume of approximately 7,400 vehicles per day. Current traffic volume on K-15 is approximately 26,000 vehicles per day. Traffic counts are unavailable for the applicable portion of Oliver Street. The subject property is not served by municipal water or sewer utilities. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan identifies the general location as appropriate for "Local Commercial" development. The Commercial Locational Guidelines of the Comprehensive Plan recommend that commercial sites should be located adjacent to arterials and should have site design features that limit noise, lighting, and other activity from adversely impacting surrounding residential areas. As recommended for approval, the request conforms to the Land Use Guide and Commercial Locational Guidelines of the Comprehensive Plan. This site is identified by the McConnell AFB Joint Land Use Study (JLUS) as being within the 80 dB noise contour of the "Maximum Mission Area" and as such, recommends strict adherence to "A-O" Airport Overlay District provisions. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the rezoning to "GC" General Commercial be APPROVED, subject to platting within one year and the following Protective Overlay: 1. Allowable uses shall be limited to those allowed by right in the "LC" Limited Commercial zoning district, plus the following uses allowed by right in the "GC" General Commercial zoning district: vehicle and equipment sales, outdoor; storage, outdoor; warehouse, self-service storage. 2. Proposed uses other than those specified in Item #1 shall be allowed only by way of Conditional Use Permit or Protective Overlay Amendment, as specified in the Unified Zoning Code. 3. All development shall comply with Art. III, Sec. III-C.5 ("A-O, McConnell AFB Airport Overlay District" standards). 4. The applicant shall dedicate access controls at platting limiting the subject property to one right-in/right-out access onto 63rd Street, which shall be located a minimum of 75 feet east of the new Oliver Street. 5. The applicant shall dedicate access controls at platting limiting the subject property to two access points onto the new Oliver Street, the north of which shall be located a minimum of 75 feet from 63rd Street. 6. No structures shall be permitted that exceed two stories and/or 25 feet in height. 7. All proposed lighting shall comply with Art. IV, Sec. IV-B.4 of the Unified Zoning Code. No proposed pole lights (including base, standard, and fixtures) shall be taller than 14 feet. No pole lights shall be located within any of the building setback areas. 8. All signage shall comply with Sedgwick County Sign Code, except: a. No rotating signs or signs with flashing lights shall be allowed. b. No portable signs, off-site signs or billboards shall be allowed. c. Only one freestanding sign shall be allowed, which shall be allowed on 63rd Street, and shall not exceed 30 feet in height and 128 square feet of sign area. 9. The site shall comply with all applicable landscape/screening provisions and Compatibility Standards of the Unified Zoning Code. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The "GC" zoning request is located across the street from approximately 35 acres of existing "GC" zoning to the north, which contains a retail store, trailer sales, self-storage units and outdoor storage of vehicles. Single-family residential and agricultural uses zoned "RR" Rural Residential make up the balance of the surrounding properties. However, uses to the east are considerably more intensive: railroad tracks, K-15 Expressway (a divided four-lane facility), a Lowe's Home Improvement Center and a mini-storage. 2. The suitability of the subject property for the uses to which it has been restricted: This site is located beneath the southern take-off and landing approach of McConnell AFB's runways. Because of the height of aircraft above this site when taking off or landing, uses located on this site experience considerable noise and vibration. Therefore, the County included this area in the Airport Overlay District III South. The "A-O III" designation places use limits on nonresidential uses and limits residential uses to a density no greater than one dwelling per 40,000 square feet. Furthermore, this site is identified by the JLUS as being within the 80 dB noise contour of the "Maximum Mission Area." As such, the JLUS recommends strict adherence to "A-O" Airport Overlay District provisions. With the restrictions placed on the site by the Protective Overlay, the proposed "GC" zoning would allow nonresidential uses that comply with "A-O" District restrictions and JLUS recommendations. Also, the site location at the corner of an arterial and an expressway is an ideal location for commercial uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The subject property is just west of railroad tracks and the K-15 Expressway and just south of other commercial uses. The Protective Overlay, in combination with screening and landscaping requirements should eliminate any potentially negative impacts to adjacent property owners. The applicant has submitted a letter (attached) from the adjacent property owners to the east stating that they have no objections to the proposal. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Land Use Guide of the Comprehensive Plan identifies the general location as appropriate for "Local Commercial" development. The Commercial Locational Guidelines of the Comprehensive Plan recommend that commercial sites should be located adjacent to arterials and should have site design features that limit noise, lighting, and other activity from adversely impacting surrounding residential areas. As recommended for approval, the request conforms to the Land Use Guide and Commercial Locational Guidelines of the Comprehensive Plan. 5. Impact of the proposed development on community facilities: No detrimental impacts on community facilities are anticipated as recommended for approval. Infrastructure concerns will be addressed at platting. DOWNING There was recognition in the staff report and a letter from the Derby Planning Commission requesting recommendations #8, & #9 be changed since this is this application is located within the Derby Zoning Area of Influence, I would like to make a motion with the changes Derby Planning Commission requested. SCOTT DUNAKEY I have spoken with Bob Parnacott with County Law Department about the Derby recommendations, Mr. Parnacott has suggested to not reference or attach the Derby Planning Commission/Department because of the possibility of an enforcement issue. DUNLAP I would like to hear the Derby recommendation. DUNAKEY Basically, adding to Condition #8, a Letter (c) to state: No pole signs shall be permitted. Also adding to Condition #8, a Letter (d) to state: Only one (1) monument sign shall be allowed, which shall be allowed on 63rd Street, and shall not exceed six (6) feet in height and 15 feet in width. Condition #9 would have several changes these requirements will be significantly more burdensome to the applicant. The site shall comply with all applicable landscape/screening provisions and Compatibility standards of the Unified Zoning Code, except: a. The applicant shall provide an irrigated street yard at least 10 feet in width adjacent to all street frontages. b. The street yard shall be landscaped with one (1) shade tree or two (2) ornamental trees per 500 square feet of street yard area. c. Parking areas in front of the primary structure shall be screened with a solid shrub row or hedgerow with a minimum height of three (3) feet. d. All abutting residential uses shall be screened with a solid screening fence or wall of six (6) feet in height. WARNER Does the applicant agree to the recommended changes? MARY JO HILL, 6701 Maple, Wichita, KS 67209 Approximately two years ago there were street improvement by Sedgwick County that took a good portion of our land. At the current time our land is "pie-shaped" meaning we have roadway on three sides of four. The City of Derby would like to impose their landscaping provisions, and it would be very expensive to landscape a lot that is 1.72 acres of totally exposed roadway. This may also impose a hindrance on any purchaser that would like to put commercial zoning on that lot. WARNER Therefore, you are not in agreement with the recommendations? HILL I understand that is what they are requesting. I would like to have the "GC" General Commercial zoning approved, and we will comply with whatever needs to happen but it will create a hardship for us because we have already lost 1/3 of our property, and this additional cost will be burdensome. ALDRICH Were you compensated for the 1/3 loss of your property? HILL Yes, we did. We planned to use the compensation in our retirement years and not spend it on the lot. DOWNING I will agree or admit that the City of Derby landscaping requirements in the Derby area is probably more strict then Wichita or some other places, in fact some of our Commissioners have done work there and can attest to this, but I think in an effort to make our community as nice as we can. MOTION : I would change the recommendation to add Condition #8 and Condition #9 to that which has been provided and has been read from the podium. DOWNING moved, ANDERSON seconded. MARNELL I am not going to support the motion. MOTION carried (6-5). (MARNELL, SHERMAN, JOHNSON, DUNLAP, HILLMAN opposed) JOHNSON Having the opportunity to do some work in Derby, I am all in favor of the landscaping plan but dealing with them and the way that they approach what they require I think they need to make a change in what they do and look at a plan rather then putting a tree every 20 foot on a right-of-way. I have expressed that opinion to the Derby Planning Commission in the past. DUNLAP I am opposed because of the Protective Overlay regarding the signage. When we do what we just did and restrict the signage to the level that is proposed here it eliminates a lot of potential commercial customers for that property who require signage as an element of their site selection. MARNELL I would appreciate if Planning Commissioners have these opinions would express them before we actually vote on the item because it might influence how I might vote on an Item. --------------------------------------------------- 7. Case No.: CON2006-10 – Lyndell Shoemaker, Brian Westerfield Request Sedgwick County Conditional Use for accessory apartment, on property zoned "RR" Rural Residential on property described as; Lot 10, Wildwood Acres an Addition to Sedgwick County, Kansas. Generally located On terminus of 73rd Circle North, approximately 800 feet east of Hillside and /2 mile north of 69th Street North BACKGROUND: The applicant seeks a Conditional Use to permit an "accessory apartment" at 3504 East 73rd Circle North, a platted lot containing 5.33 acres. The site is developed with a residence served by a lagoon. The applicant proposes to install a 24 by 24-foot accessory apartment that will be attached to a 24 by 24-foot garage. The accessory structure is to be located to the rear of the principal structure, and complies with applicable setbacks. See the attached site plan for more details. The application area is located in a smaller residential subdivision that is still being built out. All adjoining property is zoned "RR" Rural Residential. CASE HISTORY: Willow Acres Addition was recorded in 1999. ADJACENT ZONING AND LAND USE: NORTH: "RR" Rural Residential; residences or land platted for residences SOUTH: "RR" Rural Residential; residences or land platted for residences EAST: "RR" Rural Residential; agriculture WEST: "RR" Rural Residential; residences or land platted for residences PUBLIC SERVICES: The property is located on 73rd Circle North, a two-lane local road with 35 feet of half-width right of way. 73rd Circle North connects to Hillside, which is a paved section line road. The property utilizes an existing lagoon for sewage. CONFORMANCE TO PLANS/POLICIES: The Wichita-Sedgwick County Unified Zoning Code Section III-D.6.a states that accessory apartments are required to be under the same ownership as the primary residence, compatible in appearance with the primary residence, and utilize the same water and sewer service as the primary residence. The Comprehensive Plan depicts this site within Kechi's urban growth area and their Zoning Area of Influence. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions: 1. The applicants shall obtain all applicable permits including, but not limited to: building, health and zoning. 2. Development and maintenance of the site shall be in conformance with the approved site plan. 3. If operations have not begun within one year of approval, or if the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator may, with the concurrence of the Planning Director, declare the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: All property surrounding the application area is zoned RR and intended or developed for single-family residential use. The area is rural in character with large-lot residential uses. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned RR, which primarily permits agriculture and large lot residential uses. The site could continue to be used without the Conditional Use. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Provided that the proposed accessory apartment meets all applicable codes, the proposed accessory use should have no affect on the surrounding properties. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested conditional use is in conformance with Wichita-Sedgwick County Comprehensive Plan goals of efficiently using land and providing affordable housing options, and the Wichita-Sedgwick County Unified Zoning Code Supplementary Use Regulations 5. Impact of the proposed development on community facilities: Approval will not impact community facilities to any significant degree. MOTION: Approve subject to staff recommendations. DUNLAP moved, ANDERSON seconded the motion, and it carried (11-0). --------------------------------------------------- 8. Case No.: CUP2006-06 and ZON2006-07 – WN Enterprises, LLC, c/o Evan LaRue (owner); MKEC, c/o Greg Allison (agent) Request The creation of Stonebridge Community Unit Plan; and zone change from "SF-5" Single-family Residential to "LC" Limited Commercial on property described as; The North Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 26 South, Range 1 West of the 6th P.M., Sedgwick County, Kansas, EXCEPT, road right-of-way on the West and North TOGETHER WITH The South Half of the Northwest Quarter of the Northwest Quarter of Section 32, Township 26 South, Range 1 West of the 6th P.M., Sedgwick County, Kansas, EXCEPT, road right-of-way on the West. Generally located on the southeast corner of 37th Street North and Maize Road BACKGROUND: The applicant proposes to create a commercial Community Unit Plan containing approximately 36 acres with 11 parcels zoned "LC" Limited Commercial for commercial development on the southeast corner of Maize Road and 37th Street North. Currently the property is zoned "SF-5" Single-family Residential. Parcels 1-10 are parcels located along Maize Road and 37th Street North. They range in size from 0.9 acre to 2.23 acres (Parcel 1 - 1.55 acre, Parcel 2 – 1.27 acre, Parcel 3 – 1.39 acre, Parcel 4 – 1.38 acre, Parcel 5 – 2.23 acres, Parcel 6 through 9 – 0.97 acre each, Parcel 10 – 0.90 acre). Parcel 11 is the main parcel. It has 23.27 acres and is connected to Maize Road and 37th Street North with a main entrance off each street frontage. A portion of this parcel will be used for drainage/detention purposes. Most likely this will be in the area directly east of the Parcels 1-4 and along the southern edge of the tract. Allowed uses would be those permitted by right in the LC district except: adult entertainment establishment, correctional placement residence, asphalt/concrete plant, pawnshop and storage-outdoor as a separate use. Additionally, convenience stores, service stations, auto repair, car washes, restaurants with drive-in or drive-through windows, and taverns and drinking establishments would be prohibited within the south 200 feet of Parcels 1 and 11 and within the east 150 feet of Parcels 10 and 11. Overhead doors would be prohibited within 200 feet of residential zoning and overhead doors could not be facing residential zoning. Car washes would be prohibited within 200 feet of residential zoning, and, in those areas where not prohibited, would be subject to the additional requirements of the supplementary use regulations of Sec. III-D.6.f of the Unified Zoning Code. Outdoor storage and display is permitted on Parcel 11 as an accessory use. Screening of outdoor storage and display would be per standards for the LC Limited Commercial district, except that outdoor storage would be allowed to increase from 10 percent to 20 percent, which is the amount allowed in LC subject to a conditional use approval. The approval of this use in the CUP would be considered granting the conditional use for additional outdoor storage area, but would be subject to site plan review by the Director of Planning, with concurrence of the Zoning Administrator and Traffic Engineer, to ensure compliance with LC site design standards for outdoor storage. Maximum building coverage and gross floor area is shown as 35 percent for Parcels 1-8, 30 percent for Parcels 9 and 10, and 27 percent for the area of Parcel 11 (not including the area used for detention). Total maximum building coverage and gross floor area for the CUP would be 30 percent. Building height is shown as 45 feet for Parcel 11 and 35 feet for Parcels 1-10. The total number of buildings is proposed as 16, with one building on each of the smaller parcels and five on Parcel 11. Building setbacks are shown as 35 feet on along Maize Road, 37th Street South and exterior property lines. Internal building setbacks on parcels are shown as 15 feet. If a parcel is developed with a building of more than 100,000 square feet of gross floor area, the building setback increases to 100 feet on the south and west property lines and 35 feet on the interior parcel boundaries. Buildings would have uniform architectural compatibility of character, color, texture and same materials (further defined as similar to surrounding residential areas), and would use earth-tone colors predominately. Parking lots would have similar or consistent lighting elements, limited to 25 feet in height, and reduced to 15 feet in height within 100 feet of residential zoning with residential use. Parking would be per code, but allows for use of Parcels 6-10 as parking areas for Parcel 11 if needed by future development, particularly if the CUP is developed with a shopping center type of building rather than a big box type of use on the main parcel. A six-foot masonry wall would be constructed along property abutting residential zoning. The Sedgwick County bike path is shown on the CUP as a 10-foot asphalt sidewalk. The CUP requires a site plan to provide for smooth internal flow of vehicular and for pedestrian connections between buildings and with the arterial sidewalk system. Monument signage requested slightly exceeds the amount allowed by the Wichita Sign Code, and it is recommended the overall limit on sign face area of 0.8 times linear frontage be added. The number of signs requested is 14 monument signs, 11 signs with a maximum height of 20 feet and an maximum sign face area of 150 square feet, plus three signs with a maximum height of 30 feet and maximum sign face area of 200 square feet. This is equivalent to 17 signs (signs that are 30 feet in height are counted as occupying two sign locations by the Wichita Sign Code), which is the number of signs allowable based on the linear frontage of the CUP. Spacing of 100 feet is requested only between the 30' signs and 20' signs, rather than 150 feet apart. Otherwise, the signs would be spaced 150 feet apart. Portable and off-site signs are prohibited. Window displays would be limited to 25 percent of window area and signs on the rear would be prohibited. The property currently is zoned SF-5 and is in agricultural use. The property to the east and south is owned by USD#266 Maize School District. A portion of the 280 acres is developed with Maize South Middle School and the remaining land is being held for future school development. The property to the west of Maize Road is in large lot residential use or agricultural use but has been platted and is being zoned for commercial use. A 25-acre tract on the northwest corner of Maize and 37th Street North is zoned LC and approved for commercial development (DP-262 37th & Maize Commercial CUP) but currently undeveloped. The property to the north of 37th Street is located in the city of Maize. An eight-acre tract is being developed with an institutional use (Wichita State University) and approximately 25 acres is available for commercial use. CASE HISTORY: The property is unplatted. ADJACENT ZONING AND LAND USE: NORTH: City of Maize Institutional (university) SOUTH: SF-5 Vacant EAST: SF-5 Institutional (school) WEST: LC, City of Maize Agricultural, large lot residential PUBLIC SERVICES: Maize is a four-lane arterial road, and 37th Street North currently is a two lane arterial road. Two full movement openings are shown on Maize Road and positioned opposite the approaches platted on the west side of Maize Road. The first full movement opening onto 37th Street North is only 260 feet from the intersection. Normally, the Access Management Policy would require this to be right-in/right-out opening. However, it is directly opposite of a street located within the city of Maize and so will be allowed full movement. Other openings would be required to conform to the Access Management Policy, with full movements openings separated by a minimum of 400 feet and only right-in/right-out openings separated by 200 feet. No traffic study was submitted to demonstrate impact of up to approximately 430,000 square feet of gross floor area requested by the CUP. Using average trip generation rates of 40 vehicles per day per 1,000 GLA (not including trip modifications for pass-by, multi-stop trips, and other modifications generally included in a traffic study), if fully developed, a rough estimate of potential traffic generated would be 17,000 vehicles per day. Other normal public services are available to the site. CONFORMANCE TO PLANS/POLICIES: The "Wichita Land Use Guide, as amended May 2005" of the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for "institutional" use. The proposed CUP does not conform to the Land Use Guide. Commercial Objective III.B encourages future commercial areas to "minimize detrimental impacts to other adjacent land uses", with Strategy III.B.2 seeking to integrate out parcels to planned centers through shared internal circulation, combined signage, similar landscaping and building materials, and combined ingress/egress locations. The CUP requires a site circulation plan and architectural compatibility to address these policies. As requested (and recommended), signage is in conformance to the Wichita Sign Code and provides for shared signage for development identification/tenant signs. Commercial Locational Guideline #1 of the Comprehensive Plan recommends that commercial sites should be located adjacent to arterial streets. The proposed development complies with this guideline. Commercial Locational Guideline #3 recommends site design features that limit noise, lighting and other aspects that may adversely affect residential use, and #4 recommends compact clusters versus extended strip development. The proposed CUP includes restrictions on uses, height of parking lot lighting and wider building setbacks for large (over 100,000 square feet) buildings in proximity to residential zoning. The total length of frontage for commercial parcels is long (one-fourth mile on both arterials) but the overall shape is square due to the large size of the interior tract proposed for big box use or for a shopping center. RECOMMENDATION: The Comprehensive Plan did not anticipate commercial or residential use on this tract and designated it for