METROPOLITAN AREA PLANNING COMMISSION MINUTES December 9, 2004 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, December 9, 2004, at 12:30 P.M., in the Planning Department Conference Room, 10th floor, City Hall, 455 North Main, Wichita Kansas. The following members were present: Morris K. Dunlap, Chair (in @ 1:24); Harold Warner Jr. Vice-Chair; James Barfield; Darrell Downing (out @ 5:07); John W. McKay Jr.; Bill Johnson (in @ 12:39); Bud Hentzen; Ronald Marnell; Bob Hernandez; Elizabeth Bishop (in @ 12:55); M.S. Mitchell; Denise Sherman (in @ 12:35); and Frank Garofalo. Gary K. Gibbs was not present. Staff members present were: John L. Schlegel, Secretary; Dale Miller, Current Plans Supervisor; Donna Goltry, Principal Planner; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Scott Knebel, Senior Planner; Jess McNeely, Associate Planner; Jamsheed Mehta, Transportation Supervisor; David Barber, Land Use Supervisor; and Rose Simmering, Recording Secretary. -------------------------------------------------- ? MPO ITEMS 1. FY2005 Unified Planning Work Program (UPWP) – Adoption, and approving a Resolution and authorizing staff to implement the annual program. JAMSHEED MEHTA Planning Staff presented the unified Planning Work Program. The (UPWP) is the MPO's document identifying projects, programs and initiatives for the fiscal year. The document is required by federal law, and is the basis for receiving and expending federal transportation planning funds. Transportation Planning funds from the US DOT provide for the salary of nine (full-time equivalent) staff positions, and all other expenses of the Transportation Division, including transportation studies, contractuals, commodities and capital outlays. The UPWP has been presented to the MPO on November 18, 2004 for review and comment. At that time an official comment and review period began to assure public involvement in the development of the document. Comments will be received through December 3, 2004. The Technical Advisory Committee (TAC) also reviewed the draft UPWP on November 22, 2004 and recommended adoption. Resolutions have been presented/scheduled for the Board of Sedgwick County Commission and the City of Wichita City Council, which provide for an inter-local agreement authoring the MAPD to execute the UPWP. Regarding the Long Range Transportation Plan, the update process has begun but it will not completed by March 15, 2005. This date is important because after this date, the Plan will be over five years old and federal law require that it be updated within the five year time frame. Once the Plan lapses, the MPO can not revise or amend the Transportation Improvement Program. Based on our understandings of the law, and after consultation with the federal officials, we feel that the lapsing of the plan will not affect active projects. We expect the Plan to be adopted by August 2005, and then the TIP can be amended without restrictions. Recommendation: With this second presentation of the UPWP, the MPO is requested to: 1. Adopt the FY 2005 UPWP; 2. Approve the Joint Resolution providing the authority to execute the UPWP; and 3. Authorize the Chairman to sign the Record of MPO Action. JAMSHEED MEHTA, The FY2005 UPWP is available on the Planning Department website. WARNER Is there anyone in the audience here to speak today on this iteim? Seeing no public here to speak. GAROFALO Are there any significant changes in this final document and the previous one that you should us? MEHTA Probably some word changes but nothing substantial that changes the program or our work product. MOTION 1) To Adopt the FY 2005 UPWP; 2) Approve the Joint Resolution providing the authority to execute the UPWP; 3) Authorize the Chairman to sign the Record of MPO Action. MITCHELL moved, DOWNING seconded the motion, and it carried (11-0). --------------------------------------------------- 2. Public Involvement Policy (PIP) – Review, and declare a public comment/review period for 45 days. JAMSHEED MEHTA Planning Staff present MPO Public Involvement Policy. Federal regulations require that the MPO meet certain standards of public involvement in the preparation of the Long Range Transportation Plan, the Transportation Improvement Plan, the Unified Planning Work Program, and a range of special studies/programs. Included in the requirement are document such as; transit studies, corridor studies, Congestion Management System programs, and Major Investment Studies. The PIP is the MPO's guide describing how citizens, neighborhood associations, agencies, and transportation providers within the Wichita area can become involved in the transportation planning process. This includes transit users, freight transportation providers and major freight shippers, minority, elderly, disabled, and low to moderate-income groups, and any private citizen or agency representative. The MPO's goal is to provide citizens complete information, timely notification, and full public access to key decisions. The PIP identifies the activities and processes intended to produce an effective, proactive public involvement program for the metropolitan transportation planning process, and for the development of the plans identified above. The Tool Box is the document that outlines specific minimum activities necessary to implement the Policy. The PIP requires a 45 day comment and review period prior to adoption. This allows an opportunity for the public to provide meaningful input on the proposed policy. A public comment/review period is proposed to run from December 14, 2004 through January 30, 2005, and the final public hearing with proposed adoption of the PIP on February 10, 2005. Recommendation: It is recommended that the MPO: 1. Review the draft Public Involvement Policy and provide comments to staff. 2. Establish December 14, 2004 through January 30, 2005 as the public comment and review period. 3. Set February 10, 2005 as the final public hearing date with proposed adoption of the PIP that same day. GAROFALO On page 12, of the PIP Tool Box, it talks about the Citizen's Advisory Committees, is there a reason why the DAB's wouldn't satisfy that instead of having more committees? MEHTA The DAB's is a committee of the City of Wichita and the Citizen's Advisory Committee is simply a suggestion here or a way to tap into certain topics that might have some more regional issues to discuss. If it was an MPO Item it is obviously regional and would involve Sedgwick County and 19 other cities so DAB's don't quite fit that format that we are hoping to get. GAROFALO Would these committees be for a short period of time or will they be standing committee or just to discuss a particular item? MEHTA On page 11, 12, and 13 is simply a listing of various formats and techniques to have public involvement done. Citizens Advisory Committees were mentioned in some of our discussions as possibly a way to take all your products, before it comes to you, and ask that Citizens Advisory Committee to review it. WARNER Any other questions of comments? This is not a public hearing Item? MEHTA Correct, the public hearing will be February 10, 2005. MOTION 1) Review the draft Public Involvement Policy and provide comments to staff. 2) Establish December 14, 2004 through January 30, 2005, as the public comment and review period. 3) Set February 10, 2005 as the final public hearing date with proposed adoption of the PIP that same day. MITCHELL moved, GAROFALO seconded the motion, and it carried (11-0). --------------------------------------------------- 3. Congestion Management System (CMS) – Review, and declare a comment period before final MPO action in January. JAMSHEED MEHTA Planning staff present MPO Congestion Management System (CMS). A Congestion Management System (CMS) identifies major areas of congestion and evaluates potential actions that can effectively reduce congestion. An MPO is required by federal law to have a CMS Policy that identifies methods of monitoring and evaluation of traffic flow, and provide a systematic method of seeking alternatives that best resolves the type of congestion. The Wichita area CMS Policy was prepared with the assistance of the Federal Highway Administration and with input from the TAC. The proposed CMS Policy will provide the framework to make informed decisions resulting in the most effective and efficient use of limited resources that address congestion. The CMS Policy allows these decisions to be analyzed on a "network" level rather than a project-by-project level. The information from the CMS can also be used to support the project selection processes of future Long Range Transportation Plans and short-range Transportation Improvement Programs. A CMS "Tool Box," that provides alternative strategies instead of the traditional method of street capacity expansion, will be developed separately in 2005. The CMS Policy requires a 30-day comment and review period prior to adoption. This allows an opportunity for the public to provide meaningful input on the proposed policy. A public comment/review period is proposed to run from December 14, 2004 through January 14, 2005, and the final public hearing with proposed adoption of the CMS on February 10, 2005. Recommendation: It is recommended that the MPO: 1. Review the draft Congestion Management System document and provide comments to staff. 2. Establish December 14, 2004 through January 14, 2005 as the public comment and review period. 3. Set February 10, 2005 as the final public hearing date with proposed adoption of the Congestion Management System that same day. GAROFALO Are there funds identified to support this and to implement this? MEHTA The only thing where there is any real work outside of our office being done is by those who are already collecting traffic data. We have funds to do the Travel Time Surveys and the Travel Speed Studies, and we will hire an Intern to do that probably year around for the first year just to get the base information. The cost is in the UPWP already. GAROFALO When do you expect the Consultants? MEHTA Anytime in 2005, but it will probably be in the middle of the year. BISHOP I note that in the cover memo it said that CMS Policy allows these decisions to be analyzed on a "network" level rather than a project-by-project level, and then in the CMS Coverage Area I don't see any reference to Greenwich Road. MEHTA Every street designated as an arterial will be monitored which means traffic counts will be taken. The CMS Network is attachment #2 you see only a few streets identified, those are a higher volume. BISHOP Greenwich Road does not show up. MEHTA Yes, you are right because it doesn't have congestion right now. 111th is the same as Greenwich Road. MOTION 1) Review the draft Congestion Management System document and provide comments to staff. 2) Establish December 14, 2004 through January 14, 2005 as the pubic comment and review period. 3) Set February 10, 2005 as the final public hearing date with proposed adoption of the Congestion Management System that same day. MITCHELL moved, DOWNING seconded the motion, and it carried (12-0). --------------------------------------------------- 4. Transportation Improvement Program (TIP) – Consider inclusion of Woodlawn Project in the current TIP for program year 2008. JAMSHEED MEHTA Planning staff T.I.P. Reconsideration - Request by the City of Bel Aire. The MPO Chairman has received a letter dated November 4, 2004 from the Mayor of Bel Aire, Gary O'Neil, requesting the MPO to reconsider its October 21, 2004 decision (see Attachment 1). The MPO amended the Transportation Improvement Program (TIP) at that public meeting that included several new projects, additional funding for some existing projects, and withdrawing of federal funds from two existing projects. One of the projects withdrawn from the current TIP is the reconstruction of Woodlawn Road from 37th to 45th Street. Background: The 2030 Transportation Plan identifies Woodlawn Road as a four-lane arterial facility. This project was first considered in 2000 for federal funding, with construction programmed in 2005. At Bel Aire's request, this project has previously been reprogrammed to 2007. In a letter dated August 30, 2004, (see Attachment 2) Bel Aire's City Administrator requested that funding from the Woodlawn project be applied to a new project on 45th Street (from Oliver to Woodlawn). The letter also states that Bel Aire has rescheduled the original Woodlawn project to year 2013. Federal law does not allow transferring federal funds between projects, and this issue was communicated to Bel Aire's representatives at the TAC meetings in July and August 2004. Further, as the TIP covers the period of 2004 through 2008, Bel Aire's revised date of 2013 places the Woodlawn project beyond the current TIP's five-year timeframe. Therefore the TAC recommendation to the MPO was to consider Woodlawn as a withdrawn project. At the October 21, 2004 MPO meeting, Bel Aire requested that the TIP changes as recommended by TAC be tabled pending new selection criteria and reorganization of the TAC membership, and to reprogram Woodlawn from 2007 to 2008. However, the MPO voted to approve the TIP Amendment based on TAC's recommendations. Mayor Gary O'Neal's request to reconsider the Woodlawn project was discussed at the TAC meeting on November 22, 2004. The Bel Aire City Administrator, Mr. Richard Gale, stated that it was not his intent to have the Woodlawn project removed from the five-year program, and that Bel Aire would want to continue designing the project as a minimum four-lane facility as originally planned. The TAC voted to accept Woodlawn (37th to 45th) in the current TIP for year 2008 based on the fact that the four-lane facility will conform to the 2030 Transportation Plan. The TAC did not consider the effect this reprogramming would have on the distribution of federal funds in 2008. On October 21, 2004, the MPO officially amended the TIP (2004-2008) with a federal fund deficit of $8 million at the end of 2008 (see Attachment 3). If the MPO approves Bel Aire's request to place the Woodlawn project back into the TIP, then the projected deficit of federal funds will increase by an additional $2.7 million. Staff continues to advise the MPO that the TIP must be financially constrained for the initial three years. In next year's TIP, projects in 2006, 2007 and 2008 will be in the initial three-year period. At that time, if some projects are not withdrawn/ moved back or cancelled voluntarily by the sponsoring cities, then the MPO may have to move back projects to ensure that the TIP is financially constrained. GAROFALO Why was this moved down to 2005 originally? MEHTA It was initially identified for 2005 construction, a couple years later Bel Aire notified us that they would like to push it back to 2007 while they explore other options. GAROFALO What is the estimated cost? MEHTA The federal share was $2.7 million and the total cost was $3.7 million. GAROFALO So if this were to be put back in, you're saying that we would have to remove something that would be equivalent in cost? MEHTA This time next year we have to approve a new T.I.P. we will have done the new Long Range Plan and the current T.I.P. must be updated every two years. We do amendments but the update is every two years. GAROFALO If we were to go along with the request of Bel Aire and put it back in 2008 we would have to remove something that is about equivalent in the cost? MEHTA Not only something that is equivalent to $2.7 million of their federal share but also the other $8 million that you already got shown as over program, so it is nearly $10.7 million of over programming if you went along with this additional project. BARFIELD When we took this out of 2005 can you identify a project that was put in it place? MEHTA It wasn't a one to one substitution, a project is withdrawn, or is changed on its own merits and other projects are introduced on their own merits. We would have to look at that year in which you did other changes, that wouldn't have been the only change when you made that amendment in the T.I.P. to shift projects. There were many projects that were added but we can't say that this substitutes just the other one. BARFIELD Can you identify the traffic count on Woodlawn between 37th and 45th Street? MEHTA On the south end it used to be in the range of 12,000. In the more residential area north of the railroad tracks it is less probably 7,000. BARFIELD So we are going from 12,000 at 37th to about 7,000 on 45th either way isn't that abnormal amount of traffic for a two-lane street? MEHTA It is a very high volume for the two-lane section where you have the 12,000 range traffic. BARFIELD Earlier on the Agenda we talked about traffic congestion, certainly at 37th Street this would have to be considered a congested intersection and it is only going to get worse, I don't see it getting any better. At the time that we approved this for 2005 we were also considering a request to widen 37th Street and we choose to inject the 45th Street project as being more importance then the 37th Street project, I don't think anything has changed. The decision to withdraw Woodlawn, was that made at the request of Bel Aire, or was that a decision that was made by staff? MEHTA We read attachment #2 and recognized it as Bel Aires request to move the project outside of the five-year program period. I have underlined for you on attachment two a couple lines. Which reads "The 45th Street North application is requesting funding from the Woodlawn project currently slated for bid in 2007. The Woodlawn project as originally submitted has been rescheduled for improvement in 2013 in accordance with the adopted Bel Aire Transportation Plan." So we took that to mean 2013. BARFIELD The traffic count for Pawnee from 119th to Maize? MEHTA I don't have it off hand. BARFIELD I am just looking at the cost of that project and it is $3,675,000 would supercede the cost of the Woodlawn project and my personal view is depending on your response on the traffic count the Woodlawn project could be inserted and this project could be set back. MEHTA It depends on what else is being done with the construction. With the Woodlawn project you have railroad to be taken care of some culverts, bridge situations. Also the Pawnee project is a widening of an existing four-lane to something even wider than that and may not require the same amount of utility relocation and other features in it. BISHOP If we were to decide to leave the T.I.P. as it is today, at what point could Bel Aire come back and ask for inclusion of the Woodlawn project for another year? MEHTA The earliest would be as soon as the Long Range Transportation Plan is approved we are then okay to proceed with amendments or updating the T.I.P. and that has to be approved by December next year. RICHARD D. GALE City Administrator for The City of Bel Aire. I am here to request that the project be put back into the program. The City of Bel Aire has prepared a Bel Aire Transportation Plan and has placed projects into various priorities based upon the approximate 2500 acres of land that has been added to the City of Bel Aire over the last two years as it has annexed additional properties. We knew that we had to prepare and put together a Transportation Plan that made sense for our City. We have submitted that Bel Aire Transportation Plan to the MPO and to the Planning Department and we have not had the opportunity nor the time to sit down and discuss that but it should happen over the next year as you are putting together your T.I.P. for adoption next December. We will be discussing not only the Woodlawn project but three other project that have been submitted this year that did not make the grade according to your criteria. Those projects and possibly others will be coming back again in the future. We will be discussing with you not only the future Transportation Plan but also the criteria by which you judge your projects. We in Bel Aire have an aggressively growing community and we have transportation needs and we will be here before you on many occasions in order to discuss the priority of those projects. I believe that the letter that was sent was interpreted as us requesting that the project be removed and that was not the letters intent. If you look at the letter in full context it basically states that in the Bel Aire Transportation Plan the project would be a 2013 plan and not a 2007 Plan. Previously when the City of Bel Aire began to expand its boundaries we moved the project from 2005 to 2007, and there was a specific letter sent to the MPO requesting that change to 2007, so that we could address and prepare our Transportation Plan to ensure that the money and the transportation needs of the City are being met properly so we put our money were the most appropriate needs are as well as met the transportation projection needs. What has not been done, as you will be doing over the next year, the City of Bel Aire is expanding, and we have new developments that have been going on that is going to change the transportation flow in Bel Aire and that is what we have been looking at internally. Your plan calls for Woodlawn as a four-lane and our plan calls for Woodlawn as a three-lane and we need to get with our staff and Jamsheed's staff and sit down and decide what is the most logical solution to that expansion based upon the other roads that we have annexed into the City as well as our Land Use Plan that will determine what future transportation needs we will have in the City. MITCHELL Mr. Gale do you recognize that in 2008 there may not be funds for this project? GALE Yes. We participate in the TAC and we are aware of that. That is not unusual in the transportation planning process you will find that next year you will determine what projects in 2008 will actually be selected. Bel Aire could come back and say we are ready for this, or that, and the MPO may decide it is not ready. Somebody else may pull their project out and move it back. The MPO may have to decide that there is enough money to do so many projects and the MPO will move somebody back. MITCHELL If I remember correctly your Engineer indicated that Rock Road would be your main north/south thoroughfare, do you think that there is a chance that before we get the Woodlawn project that you will change and want Rock Road to be financed? GALE Well Rock Road will need to be financed. Bel Aire has moved from a central part and probably be more focused at the 45th Street area as well as 37th to 45th where right now there is a new development been Woodlawn and Rock Road. The Bel Aire City Hall which is an anchor to the new 400 acre development that is under construction now. Also planned at the corner of Rock Road and 53rd Street a new downtown Bel Aire. As you know Bel Aire has no downtown but there is a 27 acre parcel that has preliminary design and engineering for utilities that have already been put in place for the future construction of a commercial center which will eventually become the Bel Aire downtown. MITCHELL Are you indicating that you are looking at a new standard? GALE Not a new standard, it is just the STP program that provides a relatively broad range of availability for projects to be improved. Let's say that we wanted to do a major overlay of an existing road you mentioned Rock Road. Rock Road needs to be mproved and I would tell you that todays improvement would be improving shoulders on the road because it is still a narrow county style road and putting a new road base on it and then it would be good for another 10 years. We know that kind of project qualifies under the federal STP program, however the MPO criteria has focused on capacity enhancement. What you will hear from Bel Aire is that we would like the MPO to consider those projects as well in your review and planning because most small cities are not going to run out there and build a four lane road. SCHLEGEL The TAC recommendation was to put this project back into the TIP in the year 2008. BARFIELD That is as a four-lane project? SCHLEGEL That is a four/five lane project, yes. MOTION: To concur with the TAC recommendation and put the Woodlawn project back into the TIP for the eyar 2008. BARFIELD moved, MITCHELL seconded the motion, and it carried (11-1-1). BISHOP opposed, DUNLAP abstains because of his late arrival at today's meeting. --------------------------------------------------- 5. Status of MPO Certification Review Findings – Presentation by Byron Low, FHWA. JAMSHEED MEHTA Planning staff - MPO Certification Review. Officials from the US Department of Transportation will provide a status report on the MPO's efforts to meet the federal requirements and recommendations. Background: The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) conducted the Wichita Certification review on September 17-19, 2003. The final report was issued January 29, 2004, and presentation of the findings was made to the MPO Policy Board on April 8, 2004. There were seven findings from this review; 1 with a corrective action, 5 with recommendations, and 1 commendation. The 2003 federal review generated concerns that were primarily due to several staff vacancies. In the last few months, we have filled three planning positions, and significant progress has been made in the transportation planning work program. Recommendation: Receive input from US DOT officials. BYRON LOW, Federal Highway Administration (FHA) Back on April 8, 2004, myself, and Joan Roeseler of FTA made a presentation of the results of our Certification Review Finding. At that time there was several recommendation and corrective action. CORRECTION ACTION: Timely Completion of Work Products/Staffing RECOMMENDATION: Technical Advisory Committee (TAC) Meetings Action Needed: None. The recommendation is considered resolved. RECOMMENDATION: MPO Board Representation and Boundary Designation. Action Needed: The Policy Board needs to take appropriate action on the planning boundary and board structure by March 15, 2005. As the Governor's designee, KDOT must also approve the boundary revision and committee structure. The other items can be worked on later but should be completed by the end of 2005. RECOMMENDATION: TIP Project Selection Process. Action Needed: the Long Range Plan needs to be updated. Final project selection criteria must be adopted and used in the next major TIP update, which is December 2005. RECOMMENDATION: Advancement of TIP Projects. Action Needed: Although we consider this recommendation resolved, KDOT Local Projects and the MPO need to continue to ensure the timely obligation of federal funds. RECOMMENDATION: 2000 Certification Recommendation. Action Needed: Status of Public Involvement. The final draft PIP needs to be brought to the Policy Board for approval to allow it to go out for a 45-day comment period followed by formal adoption. This recommendation will be resolved once the MPO Policy Board adopts the PIP. Target date for adoption is February 2005. Action Needed: Status of Congestion Management System. Adoption of CMS Plan by Policy Board. JOAN ROESELER of Federal Transit Administration (FTA) – I want to mention the importance of the March 15th, and March 16th date for the Long Range Transportation Plan. Many MPO's go through a lot of effort to try to avoid having a lapse in the plan because that does mean that no changes can be made to the T.I.P. during that time frame. If you met your schedule and the lapse is only from March to August that wouldn't have as big an impact as if it went on for like a year. Also the adjustment you will be making to the official committees. Many MPO's that we have worked with that sometimes when they have a mixture of appointed and elected officials on the Boards that it helps with the effectiveness. --------------------------------------------------- ? PLANNING COMMISSION ITEMS 6. Approval of November 18, 2004 meeting minutes. MOTION: To approve the November 18, 2004 meeting minutes. GAROFALO moved, MITCHELL seconded the motion, and it carried (13-0). --------------------------------------------------- ? SUBDIVISION ITEMS 7. Consideration of Subdivision Committee recommendations from the meeting of November 19, 2004. 7-1. SUB2004-118 – One-Step Final Plat – SOUTH HIGH SCHOOL THIRD ADDITION, located north of MacArthur and on the east side of Seneca. Subdivision Approved on 9-16-04, vote (2-1) MAPC deferred 9-17-04; NOTE: This is an unplatted site located within the City. The site is located within the 100-year floodplain. STAFF COMMENTS: A. Municipal services are available to serve the site. City Engineering needs to comment on the need for guarantees or easements. No guarantees or additional easements are needed. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. As drainage will be directed onto I-235, a letter shall be provided from KDOT indicating their agreement to accept such drainage. D. Traffic Engineering needs to comment on the access controls. The plat proposes complete access control along Seneca. Complete access control should be denoted along I-235. Access controls are approved. E. The applicant shall guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings. F. 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. G. The Park and Pathways Plan indicates a bike path along the south line of the plat. A public access easement (20-ft minimum width) should be platted at this location. Subdivision Committee approved this condition along with a Hold Harmless Agreement. The Applicant and City staff should meet to discuss feasibility of this easement. The Applicant and City staff have agreed not to include a Hold Harmless Agreement. H. The Applicant has platted a 5-ft building setback, which represents an adjustment of the Zoning Code standard of 25 feet for the SF-5, Single-Family Residential District. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission. The setback modification has been approved. 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 stormwater. 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. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. Neil Strahl Planning staff – At the Subdivision Committee meeting one of the major issues that was originally discussed was Item (G) regarding a bike path along the south property line. The applicant originally requested a Hold Harmless Agreement from the City regarding that bike path and subsequent to that meeting the applicant has retracted their request for that and decided not to pursue the Hold Harmless Agreement. However, they have platted the 15-ft access easement along the south property line in accordance with staff's request. BISHOP Item (G) says a 20-foot access easement. STRAHL It will be a 15-foot access easement. TERRY SMYTHE – We are in agreement with staff comments and the 15-foot access easement. MOTION: To approve, with the correction to Item (G) to a 15-foot access easement along the southern property line of the plat. HENTZEN moved, JOHNSON seconded the motion, and it carried (13-0). --------------------------------------------------- 7-2. SUB2004-138 – Final Portion of Overall Preliminary Plat – SOUTHERN RIDGE THIRD ADDITION, located south of Pawnee and on the west side of Maize Road. NOTE: An overall preliminary plat was approved for this site in October 2002. This plat consists of the south portion of the overall preliminary plat and represents the third phase of development. This plat is consistent with the overall preliminary plat in regards to street configuration, although several lot widths have increased. STAFF COMMENTS: A. The applicant shall guarantee the extension of sanitary sewer (main and laterals) and City water to serve the lots being platted. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. D. The Applicant shall guarantee the paving of the proposed streets. The guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac (64-ft) streets. E. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. F. For those reserves being platted for drainage purposes, the required covenant, which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. G. The applicant shall submit a covenant, which provides for four (4) off-street parking spaces per dwelling unit on each lot, which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. H. GIS needs to comment on the plat's street names. Street names need to be revised. I. The right-of-way width for Dallas St. is incorrectly depicted. J. Prescott Ct. should be denoted as a 58' right-of-way. K. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. L. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. M. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) N. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. O. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. P. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Q. The owner of the subdivision should 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. R. Perimeter closure computations shall be submitted with the final plat tracing. S. Recording of the plat within 30 days after approval by the City Council and/or County Commission. T. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. U. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 7-3. SUB2004-127 – One-Step Final Plat – MAY FIELD FIRST ADDITION, located west of West Street and south of Harry. NOTE: This is an unplatted site located within the City. STAFF COMMENTS: A. Municipal services are available to serve the site. Fees in lieu of assessment regarding water and sewer lateral connections are required. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering needs to comment on the status of the applicant's drainage plan. An off-site drainage agreement is needed. D. The plat proposes one emergency access opening along Anna Street. Complete access control should be dedicated along the remainder of the frontage. E. The turnaround should be dedicated as street right-of-way for May. A Temporary street dedication may be platted for the north and south portions of the turnaround. F. The applicant shall guarantee the installation of the turnaround for May Street. G. A petition shall be provided for future half-street paving. H. A Block and Lot shall be denoted on the face of the plat. I. This property is within a zone identified by the City Engineers' office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers' office. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities 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.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should 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. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within 30 days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. NEIL STRAHL Planning staff at our Subdivision meeting the applicant was required per Item (G) to submit a No Protest Agreement for the future paving of Anna. Originally they told me they would be appealing that condition today, however just prior to the meeting today they have reached an agreement with City Engineering and they will be providing a petition for their share of that paving, that would be a half-street right-of-way along the frontage on Anna. BISHOP Instead of a No Protest Agreement they are providing a Petition? STRAHL That is correct. We would hold that for the future paving until that would be activated. TIM AUSTIN, POE & ASSOCIATES Agent We are in agreement with staff comments as presented today. MOTION: To approve, subject to staff comments and a change to Item (G) for a Petition. BISHOP moved, GAROFALO seconded the motion, and it carried (13-0). --------------------------------------------------- 7-4. SUB2004-130 – One-Step Final Plat – SOONERS ADDITION, located on the north side of 47th Street South and east of Hydraulic. NOTE: This is an unplatted site located within the City. STAFF COMMENTS: A. Municipal services are available to serve the site. Fees in lieu of assessment regarding water and sewer lateral connections are required. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering needs to comment on the status of the applicant's drainage plan. An off-site drainage agreement is needed. D. The plat proposes one emergency access opening along Anna Street. Complete access control should be dedicated along the remainder of the frontage. E. The turnaround should be dedicated as street right-of-way for May. A Temporary street dedication may be platted for the north and south portions of the turnaround. F. The applicant shall guarantee the installation of the turnaround for May Street. G. A No Protest Agreement for the future paving of Anna is needed. H. A Block and Lot shall be denoted on the face of the plat. I. This property is within a zone identified by the City Engineers' office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers' office. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities 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.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should 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. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within 30 days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 7-5. SUB2004-131 – One-Step Final Plat – WILSON MEADOW ADDITION, located south of 53rd Street North and east of Seneca. NOTE: This is an unplatted site located within the City. STAFF COMMENTS: A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact City Environmental Health Department to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. Due to groundwater contamination in the area, any water wells approved for permits by City Environmental Health Department shall be limited to irrigation purposes only. B. City water services are available. City Water and Sewer Department requests a petition for future extension of sanitary sewer services. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan shall be provided prior to MAPC meeting. E. Access controls need to be platted along Arkansas. Traffic Engineering has approved one access opening for Lot 2. The final plat shall reference the dedication of access controls in the plattor's text. F. Traffic Engineering has requested 10-ft additional right-of-way along Arkansas, which is classified as an arterial. The Access Management Regulations requires a 60-ft half-street right-of-way width along urban arterials. G. The signature line for the City Clerk needs to be revised to reference "Karen Sublett". H. The MAPC signature block needs to reference "Morris K. Dunlap, Chair". I. County Surveying has advised that Lot 1 does not close. J. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. K. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. L. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) M. 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. N. 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. O. 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. P. 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. Q. Perimeter closure computations shall be submitted with the final plat tracing. R. Recording of the plat within 30 days after approval by the City Council and/or County Commission. S. 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. T. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 7-6. SUB2004-137 – One-Step Final Plat – DOWN WIND ESTATES ADDITION, located on the west side of 143rd Street East and on the north side of 71st Street South. NOTE: This is unplatted property located in the County. It is in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. The site has been approved for a Conditional Use (CON 2004-14) to permit an airport use. STAFF COMMENTS: A. Since sanitary sewer is unavailable 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 facilities. A memorandum shall be obtained specifying approval. County Code Enforcement needs to comment on the feasibility of buildable lots for lots 4, 5 and 6 with floodway constraints. B. The site is currently located within the Sedgwick County Rural Water District No. 3. If service is available, feasible and the property is eligible for service, County Code Enforcement recommends connection. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. County Engineering needs to comment on the status of the applicant's drainage plan. A flood study and drainage plan are needed. Minimum pads may be required based on the drainage plans. The Applicant shall obtain appropriate permits from DWR for channel obstruction. Additional drainage easements are needed across Lots 7 & 8 in the northwest corner of the plat. E. Sedgwick County Public Works requests the Applicant provide bridge-sizing data for private drives and runways crossing the drainage ways. F. Propane tanks and signage along 143rd St. East shall be removed from public right-of-way. G. The existing structures located within the southwest corner of the site encroach within the proposed 30' ingress/egress easement. H. County Engineering needs to comment on the access controls. The plat denotes eight openings along 143rd St. East and one opening along 71st St. South. Four openings along 143rd St. East are approved – a shared opening for Lots 1,2 and 3, one opening for Lot 4, a shared opening for Lots 5 & 6, and one opening for Lot 8 the location of which shall be determined by County Engineering. The access opening on 71st St. South shall be located between 150' and 400' from the west line of plat. I. Private drives and ingress/egress easements shall be in accordance with Sedgwick County Service Drive Code. J. Per Sedgwick County Fire Department, access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) To meet fire department specifications, the surface will need to be an all-weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed). K. County Engineering has requested a major intersection right-of-way at 143rd St. East and 71st St. South along with a triangular corner clip in accordance with Access Management Regulations. L. The location of the arterial right-of-way lines needs to be corrected. M. A Block shall be designated on the face of the plat as referenced in the plattor's text. N. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA-NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed." O. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for Lots 1-7. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. P. The owners noted in the platting binder need to be signatories to the plat, or a revision to the binder showing that the site's ownership is in the party now shown on the final plat. Q. For any lots with existing tree rows that may be impacted by the installation of utilities, it is recommended that 30-ft utility easements be platted in order to allow for the installation of the utilities without damage to such tree rows. R. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. S. 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.) T. 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. U. 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. V. 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. W. 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. X. Perimeter closure computations shall be submitted with the final plat tracing. Y. Recording of the plat within 30 days after approval by the City Council and/or County Commission. Z. 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. AA. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 7-7. SUB2004-134 – One-Step Final Plat – E.R. & C.M. ADDITION, located on the north side of 21st Street North and east of 135th Street West. NOTE: This is unplatted property located in the County within three miles of the City of Wichita. It is in an area designated as "2010 Urban Service Area" by the Wichita-Sedgwick County Comprehensive Plan. The site has been approved for a zone change (ZON 2004-09) from SF-20, Single-Family Residential to NR, Neighborhood Retail subject to platting. A Protective Overlay #137 was also approved for this site addressing permitted uses. STAFF COMMENTS: A. Since sanitary sewer is unavailable 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 facilities. A memorandum shall be obtained specifying approval. B. Municipal water services are available. Fees in lieu of assessment regarding water connections are required. C. City Water and Sewer Department requests a petition for future extension of sanitary sewer main and laterals. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage plan and grading plan are needed. All portions of property below elevation 1346 should be shown in a floodway reserve. A minimum pad on Lot 1 will be 1348. F. A benchmark is needed on the final plat. G. County Engineering needs to comment on the access controls. County Engineering requests alignment of the proposed opening with the driveway across 21st St. North. H. Per Sedgwick County Fire Department, access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) To meet fire department specifications, the surface will need to be an all-weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed). I. A PO Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved PO and its special conditions for development on this property. J. The MAPC signature block needs to reference "Morris K. Dunlap, Chair". K. The Applicant is advised that if platted, the building setback may be reduced to 20 feet in accordance with the Zoning setback standard for the NR, Neighborhood Retail District. 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 stormwater. 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. V. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. NEIL STRAHL Planning staff presented the staff report. BISHOP Are we platting this prior to the zoning being approved? STRAHL The zoning to "NR" Neighborhood Retail was approved subject to platting. DUNLAP What is the difference between the elevations from the southeast corner to the northwest corner? It looks pretty hilly. STRAHL Perhaps the applicant could address that. DUNLAP They explained it to me. It is one-foot increments. MARK SAVOY This was approved by the Subdivision Committee, and the only change that I am willing to make voluntarily is that I am willing to put that floodway reserve easement on there unless we happened to get a removal prior to completion of platting. RAY BOESE, 13414 W 23rd North The Commissioner asked a question about zoning and on May 19th 2004, the BOCC approved this for a Neighborhood Retail photography shop only. We have a flood problem, and I own the property to the north. My question was what are your going to do with this property with all this water, and the comment was that we will send it to the neighbor on the east though there is a county floodplain and I am right on the edge of it, and I don't want that to be happening on my property. MITCHELL If an application is made to fill in that mapped floodplain, it will have to go to the State for approval and all adjacent landowners will be given an opportunity to comment. BISHOP I note that Condition (E) says that a drainage plan and grading plan are needed. Are those still needed? STRAHL No, my understanding is that those have been received. BISHOP The drainage plan has been received. Can anyone report what the County Engineer's opinion was of drainage plan was? STRAHL I know that it has been received. I don't know that it has been approved by County Engineering. BISHOP I have a problem approving a plat if drainage is the central issue and we don't have a report from County Engineering. MCKAY It is subject to that. MOTION: To approve, subject to staff comments and Subdivision's recommendation. MITCHELL moved, DOWNING seconded, the motion, and it carried. (12-1-0). BISHOP opposed. --------------------------------------------------- 7-8. SUB2004-135 – One-Step Final Plat – SIGWING ADDITION, located east of 391st Street West and north of 47th Street South. NOTE: This is unplatted property located in the County. It is in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. It is located in the Cheney Area of Influence. 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. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage plan is needed. D. The 50-ft offsite ingress/egress easement shall be established by separate instrument and shall be in accordance with Sedgwick County Service Drive Code. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument. In the event this easement has been recorded, the plat shall denote recording data and a copy of the easement shall be provided to MAPD. E. A covenant shall be submitted regarding the private ingress/egress easement, which sets forth ownership and maintenance responsibilities and limits the private drive to servicing no more than three residential lots. F. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA- NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed." G. The MAPC signature block needs to reference "Morris K. Dunlap, Chair". H. The pipeline easement needs to be located. I. The Applicant shall receive agreement with Aquila Gas for crossing the pipeline easement. J. The applicant shall submit a copy of the instrument, which establishes the pipeline easements on the property, which verifies that the easements shown are sufficient and that utilities may be located adjacent to and within the easements. Any relocation, lowering or encasement of the pipeline, required by this development, will not be at the expense of the County. K. The applicant's agent shall determine any setback requirements for the pipelines by researching the text of the pipeline agreements. If a setback from the pipeline easements is provided for in the pipeline easement agreements, it shall be indicated on the face of the plat. L. The recording information for all pipeline easements shall be indicated on the face of the plat. M. 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. N. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. O. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) P. The 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. Q. 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. R. 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. S. 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. T. Perimeter closure computations shall be submitted with the final plat tracing. U. Recording of the plat within 30 days after approval by the City Council and/or County Commission. V. 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. X. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 7-9. SUB2004-136 – One-Step Final Plat – CLEMONS ACRES ADDITION, located on the west side of Meridian and north of 101st Street North NOTE: This is unplatted property located in the County. It is in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. It is located in the Valley Center Area of Influence. 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. The Applicant shall meet with Sedgwick County Code Enforcement concerning use of onsite sewers. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage plan is needed. D. County Engineering needs to comment on the access controls. The plat denotes two openings along Meridian. County Engineering requests access control except one opening to Lot 1. An ingress/egress easement shall be established across the panhandle of Lot 1 to provide a shared drive. E. GIS requests that "Meridian" be spelled correctly. F. All access drives shall be in accordance with Sedgwick County Service Drive Code. G. The MAPC signature block needs to reference "Morris K. Dunlap, Chair". H. If platted, the building setback for Lot 1 should be measured from the interior lot line between Lot 1 and Lot 2. I. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities 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.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should 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. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within 30 days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. S. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- ? SUBDIVISION ITEMS 8. Consideration of Subdivision Committee recommendations. 8-1. SUB2004-143 – One-Step Final Plat – PRAIRIE CROSSING SECOND ADDITION, located on the south side of Central and west of 151st Street West. NOTE: This is a replat of the Prairie Crossing Addition – a Lot Bundling development. This replat eliminates 11 of the 13 bundles and vacates contingent street dedications. The plat is in an area designated as "2030 Urban Service Area" by the Wichita-Sedgwick County Comprehensive Plan. It is located in the Goddard Area of Influence. Since this plat is located in an area where public services are planned to be available for higher density development, "lot bundling" has been provided for the northern portion of the plat so that two building sites may be readily converted to urban-scale lots without replatting. STAFF COMMENTS: A. Since sanitary sewer is unavailable 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 facilities. A memorandum shall be obtained specifying approval. The Applicant proposes alternative on-site sewer systems. B. The site is currently located within the Rural Water District No. 4. If service is available, feasible and the property is eligible for service, County Code Enforcement recommends connection. C. Petitions have been provided with Prairie Crossing Addition for future sewer and water improvements. City Water and Sewer Department has requested new guarantees. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. County Engineering needs to comment on the status of the applicant's drainage plan. A revised drainage plan shall be provided that reflects new lots and ownership. F. A benchmark is needed. G. County Engineering recommends an access easement be provided between Lots 3 and 4, Block 2 to Reserve A for use by Lots 1, 2, 5, and 6, Block 2. H. The contingent street dedication for Shade St. should be included within the lot boundary of Lot 11, Block 2 and Lot 14, Block 1. I. Per Sedgwick County Fire Department, applicant needs to meet standards for Sedgwick County Service Drive Code. J. The Applicant shall submit a restrictive covenant tying together Lots 1-8, Block 1 and Lots 1-6, Block 2 limiting both building sites to one dwelling unit until the property is annexed by the City of Wichita and municipal water and sanitary sewer services become available. The covenant shall also restrict the location of structures on this plat to avoid interference with the possible future streets, easements and setbacks and limit future development until submittal of a paving petition. K. A petition was submitted for the installation of Reece Road with the Prairie Crossing Addition. County Public Works has requested a new petition to reflect the revised lot configuration. 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 stormwater. N. The applicant shall install or guarantee the installation of all utilities and facilities, which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) O. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. P. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) 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 be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. U. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. V. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. JOHNSON moved, DOWNING seconded the motion, and it carried (13-0). --------------------------------------------------- 8-2. SUB2004-139 – One-Step Final Plat – NORTH RIDGE VILLAGE ADDITION, located north of 37th Street North and on the west side of Ridge Road. NOTE: This site is located in the County adjoining Wichita's city limits and annexation is required. A zone change (ZON 2004-59) has been requested from SF-20, Single-Family Residential to GO, General Office and LC, Limited Commercial. The North Ridge Village CUP (DP-280, CUP 2004-50) is also proposed for the site. The site is located within the 100-year floodplain. STAFF COMMENTS: A. Prior to this plat being scheduled for City Council review, annexation of the property will need to be completed. Upon annexation, the portion of the property not contained within the zone change will be zoned SF-5, Single-Family Residential. 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 considered by MAPC, the zone change will need to be approved. C. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. Fees in lieu of assessment are needed for the sewer main connection. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. A guarantee shall be provided. F. Traffic Engineering needs to comment on the access controls. The plat denotes one opening along Ridge Road along the south property line in addition to a street opening. The access controls are approved. G. County Engineering and City Fire Department requests relocation of the cul-de-sac to the west end of Village Parkway or in the alternative a reconfiguration of Lots 5 and 6. The applicant will be platting a "square-end" turnaround in accordance with the Subdivision regulations. H. An on-site benchmark is needed. I. Reserves A and C need north/south dimensions. J. The Applicant will provide a guarantee for a northbound left turn lane on Ridge Road, a southbound continuous right turn lane on Ridge Road, and a traffic signal at the intersection contingent upon meeting required warrants. K. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP and its special conditions for development on this property. L. In accordance with the CUP, a cross-lot circulation agreement is needed to assure internal vehicular movement between the lots and between the abutting lots to the south. M. The Applicant shall guarantee the paving of the proposed street. N. The 20-ft utility easement along the north property line should be labeled as a "drainage and utility easement" and extended to Reserve D. O. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA-NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed." P. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. Q. For those reserves being platted for drainage purposes, the required covenant, which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. R. 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. S. GIS needs to comment on the plat's street names. Village Pky needs to be replaced with "Village Cir". T. 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. U. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. V. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) W. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. X. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Y. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Z. The owner of the subdivision should 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. AA. Perimeter closure computations shall be submitted with the final plat tracing. BB. Recording of the plat within 30 days after approval by the City Council and/or County Commission. CC. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. DD. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. MCKAY moved, WARNER seconded the motion, and it carried (12-0). --------------------------------------------------- 8-3. SUB2004-140 – One-Step Final Plat – WATERWALK PHASE 1 ADDITION, located north of Kellogg and west of Broadway. NOTE: This is a replat of the Eastbank 1st Addition. This replat includes the vacation of Wichita Street. STAFF COMMENTS: A. Municipal services are available to serve the site. 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. A drainage easement is needed to correspond with the storm sewer denoted on the drainage plan. D. The final plat tracing shall denote complete access control along Kellogg and reference the access control in the plattor's text. E. A Block shall be designated on the face of the plat as referenced in the plattor's text. F. County Surveying advises that the legal description does not match the plat boundary. G. County Surveying advises that according to the City of Wichita Resurvey of 1962 the East line of this plat will have a deflection angle at the centerline of Dewey. H. County Surveying advises that this plat does not meet the Kansas Minimum Standards for a Boundary Survey. I. The public access easement needs to be referenced in the plattor's text. J. The street and utility easement shall be dedicated as street right-of-way for Wichita Street. The plattor's text shall note the dedication of the street to and for the use of the public. The property boundaries shall be adjusted accordingly. K. An off-site dedication of street right-of-way shall be established by separate instrument for the remaining portion of Wichita Street. L. The Applicant is advised of the need for potential KDOT approval for off-site parking to the south as denoted on the site plan. M. The plattor's text shall include the language "Existing public easements and dedications being vacated by virtue of K.S.A. 12-512(b)." N. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. O. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) P. The 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. Q. 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. R. 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. S. 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. T. Perimeter closure computations shall be submitted with the final plat tracing. U. Recording of the plat within 30 days after approval by the City Council and/or County Commission. V. 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. W. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. JOHNSON moved, DOWNING seconded the motion, and it carried (13-0). --------------------------------------------------- 8-4. SUB2004-141 – One-Step Final Plat – KRUMSICK & BARRETT ADDITION, located south of Pawnee and on the west side of Oliver. NOTE: This is an unplatted site located within the City. The Applicant proposes a zone change from SF-5, Single-Family Residential to LC, Limited Commercial for the northern portion of the site. The site is located within the 100-year floodplain. STAFF COMMENTS: A. This plat will be subject to approval of the associated zone change and any related conditions of such a change. B. The applicant shall guarantee the extension of sanitary sewer to serve Lot 2. Fees in lieu of assessment regarding water connections are also required for Lot 2. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. The plat proposes three street openings to George Washington Blvd and two openings to Oliver. The access controls are approved. E. The plat denotes a 10-ft contingent street dedication. The Access Management Regulations requires a major intersection right-of-way and 60-ft half-street right-of-way width along urban arterials. The contingent street dedications proposed along both Oliver and George Washington Blvd are approved. F. Lot 2 should be relabeled as Lot 1, Block 2. G. 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. H. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. 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 stormwater. 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. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. S. Dimensions are needed for Lot 1. MOTION: To approve, subject to staff comments and citing the findings in their report. JOHNSON moved, DOWNING seconded the motion, and it carried (13-0). --------------------------------------------------- 8-5. SUB2004-142 – One-Step Final Plat – TURKEY CREEK SECOND ADDITION, located on the north side of Pawnee and the west side of 119th Street West. NOTE: This is a replat of Turkey Creek 2nd Addition which involves multiple boundary shifts. The number of lots has not changed. The site is located within the 100-year floodplain. STAFF COMMENTS: A. Petitions have been provided with Turkey Creek Addition for sewer, water, drainage and paving improvements. New petitions are needed for future improvements. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. 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. D. Minimum building pad elevations should be denoted in NGVD. E. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA- NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed." F. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. G. For those reserves being platted for drainage purposes, the required covenant, which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. H. The applicant shall submit a covenant, which provides for four (4) off-street parking spaces per dwelling unit on each lot, which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. 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 stormwater. J. The applicant shall install or guarantee the installation of all utilities and facilities, which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) 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 thirty (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. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov) . This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. JOHNSON moved, DOWNING seconded the motion, and it carried (13-0). --------------------------------------------------- 8-6. DED2004-31 and DED2004-32 – Dedication of Utility Easements, for property located south of Kellogg and Dugan and east of Ridge Road. (A) DED 2004-31 and (B) DED 2004-32: Dedication of Utility Easements from Stephen D. Button and Bill Bradshaw, Managers, Dialand, LLC, for property located south side of Kellogg and Dugan, east of Ridge Road. LEGAL DESCRIPTION: A) A 2-foot utility easement for the west two feet of the east 10 feet of the following described tract of land: Lot 1, Thrifty Second Addition to Wichita, Sedgwick County, Kansas, except the east 58 feet of the north 125 feet of Lot 1. B) A 2-foot utility easement for the following described tract of land: The east 2 feet of the west 10 feet of the north 125 and the east 2 feet of the west 10 feet of the south 100 feet of Lot 1, Thrifty Second Addition to Wichita, Sedgwick County, Kansas. PURPOSE OF DEDICATION: These dedications are associated with Lot Split Case No. SUB 2004-100 and are being dedicated for construction and maintenance of public utilities. AGENT/SURVEYOR: Tim Austin, Poe and Associates, 5940 E. Central, Ste. 200, Wichita, KS 67208-4242 RECOMMENDATION: Accept the Dedication. NEIL STRAHL Planning staff presented the staff report. MITCHELL I understand that the Lot Split was approved with this as a condition, and that the applicant has complied with that condition. I am opposing the incremental 3-ft dedication. TIM AUSTIN, POE AND ASSOCIATES Agent I don't have anything to add. MOTION: To approve to dedication. DOWNING moved, BARFIELD seconded the motion, and it carried (10-3). DUNLAP, MITCHELL and MARNELL opposed. --------------------------------------------------- ? PUBLIC HEARINGS – VACATION ITEMS 9-1. VAC2004-00051 - Request to Vacate a Portion of a Platted Utility Easement. OWNER/APPLICANT: Philip and Shelley Davis LEGAL DESCRIPTION: The west 55-feet of the platted 20-foot utility easement located along the north property line of Lot 3, Block A, the Bay Country 2nd Addition, as recorded Wichita, Sedgwick County, Kansas LOCATION: Generally located southwest of 119th Street West and Central Avenue, more specifically located northwest of Hardtner Circle and Jaax Street, 12610 West Hardtner Circle REASON FOR REQUEST: Build below ground swimming pool CURRENT ZONING: Subject property and all abutting and adjacent properties are zoned "SF-5" Single- family Residential The applicant proposes vacation of the west 55-feet of the platted 20-foot utility easement located along the north property line of Lot 3, Block A, the Bay Country 2nd Addition. There is sewer and a manhole in the eastern portion of the platted utility easement. Water is in the ROW. There is 20-feet of a 40-foot Philips Pipeline easement (dedicated by separate instrument and shown on the plat) also in the north side of the lot. The platted utility easement begins where the pipeline easement begins, which puts a total of 40-feet of easement in the applicant's backyard. The Bay Country 2nd Addition was recorded with the Register of Deeds was recorded August 5, 1999. 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 a portion of the platted easement 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 October 14, 2004 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 a platted utility easement 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 a portion of the platted utility easement described in the petition should be approved with conditions; (1) Retain 20-feet of easement around the manhole. (2) Retain the south 8-feet of the platted 20-foot easement, per the recommendation Westar, which has equipment in the easement. (3) Any relocation or reconstruction of franchised or public utilities, including sewer, made necessary by this vacation shall be the responsibility of the applicant and must be reviewed and approved as needed by the franchised utilities or Public Works prior to relocation or reconstruction. (4) All improvements shall be according to City Standards. (5) All conditions to be completed within 6 months of approval by the MAPC or the vacation application request will be considered null and void SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions; (1) Retain 20-feet of easement around the manhole. (2) Retain the south 8-feet of the platted 20-foot easement, per the recommendation of Westar, which has equipment in the easement. (3) Any relocation or reconstruction of franchised or public utilities, including sewer, made necessary by this vacation shall be the responsibility of the applicant and must be reviewed and approved as needed by the franchised utilities or Public Works prior to relocation or reconstruction. (4) All improvements shall be according to City Standards. (5) All conditions to be completed within 6 months of approval by the MAPC or the vacation application request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. BISHOP moved, GAROFALO seconded the motion, and it carried (13-0). --------------------------------------------------- 9-2. VAC2004-00053 - Request to Vacate a Platting Utility Easement. OWNER/APPLICANT: Scott and Stephanie Knebel LEGAL DESCRIPTION: See attached legal; generally described as that portion of the platted 16-foot utility easement as originally recorded on Lots 8 & 2, the Scenic Heights Addition, as recorded Wichita, Sedgwick County, Kansas LOCATION: Generally located ¼ mile east of West Street and south of 21st Street North, more specifically located on the northeast corner of Westridge Drive and Westridge Court, 2098 Westridge Court REASON FOR REQUEST: Remove existing encroachment of principal structure and allow additional area for proposed room addition CURRENT ZONING: Subject property and all abutting and adjacent properties are zoned "SF-5" Single- family Residential The applicants propose vacation of that portion of the platted 16-foot utility easement that was originally recorded along the north side of Lot 8 and the south side of Lot 2, the Scenic Heights Addition. The south 35-feet of Lot 2 was subsequently purchased and joined onto the north portion of Lot 8, which gives the site its current configuration. There are no manholes or water or sewer lines in the easement. The Scenic Heights Addition was recorded with the Register of Deeds was recorded June 2, 1965. 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 platted easement 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 November 18, 2004 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 a platted utility easement 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 a portion of the platted utility easement described in the petition should be approved with conditions; 1. Dedicate by separate instrument an additional 2-foot along the length of the platted 8-foot utility easement that runs parallel to a portion of the west property line of Lot 8, the Scenic Heights Addition. There is a manhole and sewer line in this easement on the abutting property. 2. There is phone equipment in the north portion of the subject site. Dedicate by separate instrument easement to cover this utility, per the recommendation of the phone company. 3. Any relocation or reconstruction of public or franchised utilities made necessary by this vacation shall be the responsibility of the applicant and must be reviewed and approved as needed by the franchised utilities and/or Public Works prior to relocation or reconstruction. 4. All improvements shall be according to City Standards. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation application request will be considered null and void SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions; 1. Dedicate by separate instrument an additional 2-foot along the length of the platted 8-foot utility easement that runs parallel to a portion of the west property line of Lot 8, the Scenic Heights Addition. There is a manhole and sewer line in this easement on the abutting property. 2. There is phone equipment in the north portion of the subject site. Dedicate by separate instrument easement to cover this utility, per the recommendation of the phone company. 3. Any relocation or reconstruction of public or franchised utilities made necessary by this vacation shall be the responsibility of the applicant and must be reviewed and approved as needed by the franchised utilities and/or Public Works prior to relocation or reconstruction. 4. All improvements shall be according to City Standards. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation application request will be considered null and void. MITCHELL I intend to oppose because of Item 1 recommendation of the dedication. MOTION: To approve, subject to staff comments and citing the findings in their report. WARNER moved, BISHOP seconded the motion, and it carried (10-3). DUNLAP, MITCHELL and MARNELL opposed. --------------------------------------------------- 9-3. VAC2004-00054 - Request to Vacate a Platted Utility Easement. OWNER/APPLICANT: Glenville Baptist Church c/o Bruce Thomas AGENT: Mark Savoy LEGAL DESCRIPTION: The platted easement located on the south 8-feet of Lot 1, except the east 20-feet thereof, Glenville Addition, as recorded Wichita, Sedgwick County, Kansas And The easement dedicated by separate instrument (Film 853, Page 567), located on the north 8-feet of Lots 1 & 2, except the east 20-feet of said Lot 2, Heath Heights Addition, as recorded Wichita, Sedgwick County, Kansas. LOCATION: Generally located on the southeast corner of Seneca Street and 45th Street South, more specifically 4604 South Seneca Street. REASON FOR REQUEST: Expansion of church CURRENT ZONING: Subject property and all abutting and adjacent eastern, southern and northern (across 45th Street South) properties are zoned "SF-5" Single-family Residential. Property west of the site and across Seneca Street is zoned "LC" Limited Commercial The applicant proposes vacating all but the east 20-feet of the 16-foot easement as described and located on the south 8- feet of Lot 1, Glenville Baptist Church Addition and on the north 8-feet of Lots 1 & 2, the Heath Heights Addition. There is a sewer line, manholes and franchised utilities in the platted utility easement. Water is in the Seneca Street and 45th Street ROWs. The Glenville Baptist Addition was recorded with the Register of Deeds November 21, 1966. The Heath Heights Addition was recorded with the Register of Deeds August 4, 1949. 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 portions of the platted easement and the easement dedicated by separate instrument 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 November 18, 2004 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 portions of platted utility easement and the easement dedicated by separate instrument 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 portions of the platted utility easement and the easement dedicated by separate instrument described in the petition should be approved with conditions; 1. Relocation of the utilities will be, per City Standards and at the applicant's expense. Provide Public Works and the franchised utilities with plans for review and approval, prior to the relocation of public utilities. Obtain all necessary permits and inspections and if necessary provide a guarantee for the relocation of public utilities, including the