METROPOLITAN AREA PLANNING COMMISSION MINUTES June 29, 2000 The regular meeting of the Metropolitan Area Planning Commission was held Thursday, June 29, 2000 at 1:15 p.m., in the Planning Department Conference Room, 10th Floor, City Hall, 455 North Main Street, Wichita, Kansas. The following members were present: Frank Garofalo, Chair; James Barfield; Bud Hentzen; Bill Johnson; Richard Lopez; Ron Marnell; John W. McKay, Jr., (late arrival); Jerry Michaelis (late arrival); Susan Osborne-Howes; George Platt; Harold Warner; and Ray Warren. Chris Carraher was not present. Staff members present were: Marvin S. Krout, Secretary; Dale Miller, Assistant Secretary; Donna Goltry, Principal Planner; Scott Knebel, Senior Planner, Lisa Van de Water, Senior Planner; Barry Carroll, Associate Planner, and Karen Wolf, Recording Secretary. 1. Approval of May 25, 2000 minutes GAROFALO “I have some corrections on these minutes, but to conserve time, I will give them to the secretary. I would consider a motion to approve the minutes as amended.” MOTION: That the Metropolitan Area Planning Commission approve the May 25, 2000 minutes as amended. WARREN moved, LOPEZ seconded the motion, and it carried unanimously. (8- 0). -------------------------------------------------------------------------- 2. Consideration of Subdivision Committee recommendations. GAROFALO “Is there anyone who wants to pull any cases or have any questions on any? Is there anyone in the audience who wants to speak on any of the Subdivision items?” McKay arrived at the meeting at 1:30 p.m. Subdivision Committee items 2/1,2/2, 2/3, 2/4, 2/5,2/6, 2/7, 2/8, 2/9 and 2/10 were approved, subject to the Subdivision Committee recommendations (MARNELL moved, LOPEZ seconded the motion, and it carried unanimously (9-0-1) McKay abstained. 2/1. SUB2000-19 - One-step Final Plat of POWERS ACRES ADDITION, located on the west side of 143rd street East, north of MacArthur. A. Since neither municipal water nor sanitary sewer is available to serve this property, the applicant shall contact the Environmental Health Division of the Health Department to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities and water wells. A memorandum shall be obtained specifying approval. Health Department needs to comment on the feasibility of buildable lots due to the floodway reserve constraints. A restrictive covenant will be required regarding the twin lagoon system. 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. The drainage plan is approved. D. County Engineering needs to comment on the access controls. The plat proposes two access openings along 143rd St. East. The access controls are approved. E. The size of both lots (4.461 acres) does not meet the minimum lot size requirement of 4.5 acres for lots in the RR district serviced by sewage lagoons. A modification by the Subdivision Committee and an administrative adjustment from the Zoning regulations will need to be approved. A modification has been approved by the Subdivision Committee. F. The lot width to depth ratio (5.73) exceeds the maximum 2.5 to 1 standard and a modification by the Subdivision Committee will need to be approved. A modification has been approved by the Subdivision Committee. G. The lot width of both lots (184 ft) does not meet the minimum 200-ft standard and a modification by the Subdivision Committee and an administrative adjustment from the Zoning regulations will need to be approved. A modification has been approved by the Subdivision Committee. H. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. I. 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 316-729-0102) 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 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. 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 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. ------------------------------------------------------------ 2/2. S/D 00-17 - Final Plat of STRUTHERS CREEK ADDITION, located on the south side of 103rd Street South, West of 247th Street West. A. Since neither municipal water nor sanitary sewer is available to serve this property, the applicant shall contact the Environmental Health Division of the Health Department to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities and water wells. A memorandum shall be obtained specifying approval. A lot layout is required to be submitted for Lot 4. Additional soil testing is required. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. C. County Engineering needs to comment on the status of the applicant’s drainage plan. The drainage plan is approved. Minimum pad elevations have been determined based on the HEC-2 Run – 1298 (Lot 1), 1298 (Lot 2), 1299 (Lot 3), and 1305 (Lot 4). A Letter of Map Amendment (LOMA) needs to be provided before release of the plat for recording. D. The Applicant has platted one opening along 103rd St. South, and two openings along K-42. County Engineering and KDOT need to comment on the access controls. KDOT has approved two openings along K- 42. County Engineering has required complete access control along the east 200 feet of the plat’s frontage to 103rd St. South and one opening along the remaining frontage. E. The joint access opening between Lots 2 and 3 needs to be established by separate instrument. F. County Surveying has advised that the plat boundary does not close. G. 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. H. If platted, the building setback may be a minimum of 30 feet to conform with the RR District zoning standards. I. Thomas G. Winters shall be indicated as the Chairman of the County Commissioners. J. “Tricia L. Robello, LS #1246” shall be indicated as the Deputy County Surveyor. K. Francis S. Garofalo shall be indicated as the Chairman of the Planning Commission. L. Marvin S. Krout shall be indicated as the Secretary of the Planning Commission. M. The plattor’s text shall delete the language referencing the dedication to the appropriate governing body of the access easement between Lots 2 and 3. 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 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.) 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 316-729-0102) 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 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. T. Perimeter closure computations shall be submitted with the final plat tracing. U. Recording of the plat within thirty (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 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. -------------------------------------------------------------------- 2/3. SUB2000-28 - Final Plat of WESTBROOK MANOR ADDITION, located on the north side of 63rd Street South, east side of 151st Street West. A. Since neither municipal water nor sanitary sewer is available to serve this property, the applicant shall contact the Environmental Health Division of the Health Department to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities and water wells. A memorandum shall be obtained specifying approval. The size of Lot 1 necessitates the use of a septic system. A restrictive covenant is required addressing the buildable area in Lot 2. . 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. The drainage plan is approved. The floodway reserve should be extended to include the south boundary of Lot 1. The minimum pad elevation shall be indicated for Lot 1. D. County Engineering needs to comment on the need for access controls. The plat shall dedicate access control except for two openings along 63rd St. South and one opening along 151st St. West. The dedication of access controls shall be referenced in the plattor’s text. E. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. F. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. G. 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.) H. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. I. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. K. The owner of the subdivision should 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. L. Perimeter closure computations shall be submitted with the final plat tracing. M. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. N. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. O. 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. ------------------------------------------------------------------------ 2/4. SUB2000-44 - One-step final plat of CARCO ADDITION, located south of Pawnee, west of West Street. A. Municipal water is available to serve the site. The Applicant shall guarantee the extension of sanitary sewer. 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. A guarantee will be required at time of site development. D. Traffic Engineering needs to comment on the access controls. The plat proposes one access opening along West Street. Access controls are approved. E. The distance from the property to the north tie point shall be indicated. F. The tie point to the south shall be revised to reference the “E ¼ cor of NE ¼”. G. The tie point of the north needs to be revised to reference Township 28 South. H. In the surveyor’s certificate, “R2W” needs to be revised to “R1W”. I. On the east line of the plat, the dimension of 433.75 needs to be changed to 398.75. J. On the east line of vacated 27th Street, the dimension and bearing need to be added. K. The centerline of the railroad tracks should be indicated. L. Measurements between monuments need to be shown on the west line of vacated 27th Street and near the north end of the plat. M. The Missouri Pacific Railroad needs to be labeled with the current owner. N. The plat name needs to be labeled in the surveyor’s certificate and in the plat’s title as “to Wichita”. O. In the owner’s certificate, "Lots” needs to be changed to “Lot”, and “a Block” needs to be removed. P. The owner’s names “Jim Wood” and “Freda Wood” need to be changed to “James L. Wood” and “Freda L. Wood”. Q. The recording data for the vacated 27th Street needs to be shown. R. If platted, the building setback may be 20 feet to conform with Zoning regulations. Any enlargement of the existing structure must conform with the setback. S. 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. T. 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. U. 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.) V 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. W To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. X 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. Y 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. Z Perimeter closure computations shall be submitted with the final plat tracing. AA. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. BB. 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. CC. 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. ---------------------------------------------------------- 2/5. SUB2000-45 - One-step final plat of MID-CONTINENT AIRPORT 2ND ADDITION, located on the northwest corner of Harry and Ridge Road. A. City water is available to serve the site. A petition for the extension of sanitary sewer will be required at time of site development. 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. A drainage guarantee is required at time of site development. D. Traffic Engineering needs to comment on the need for access controls to Harry and Ridge Road. Distances should be shown for all segments of access control. Two points of access are permitted along Ridge Road. One point of access is permitted along Harry. E. 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. F. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. G. 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.) H. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. I. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. K. The owner of the subdivision should 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. L. Perimeter closure computations shall be submitted with the final plat tracing. M. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. N. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. O. 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. ----------------------------------------------------------------- 2/6. SUB2000-46 - One-step final plat of MID CONTINENT AIRPORT 3rd Addition, located on the west side of Hoover, North and south sides of Pawnee. A. Municipal services are available to serve the site. No guarantees 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. The drainage plan is approved. D. Traffic Engineering needs to comment on the need for access controls. Distances should be shown for all segments of access control. Four openings have been approved north of Pawnee, one opening south of Pawnee. E. The Applicant shall attempt to obtain a vacation for the north half of May Street. 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 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. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. I. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) J. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. K. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. L. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. M. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. N. Perimeter closure computations shall be submitted with the final plat tracing. O. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. P. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Q. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. ---------------------------------------------------------------------- 2/7. SUB2000-47 - One -Step Final Plat of MID CONTINENT AIRPORT 4TH ADDITION, located on the north side of K-42 Highway, East and West sides of Ridge Road (extended). A. The Applicant shall guarantee the extension of City water and sanitary sewer at the time of development. 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. KDOT needs to comment on the access controls. The plat indicates one opening along K-42 Highway. KDOT has approved the opening. E. 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. F. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. G. 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.) H. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. I. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. K. The owner of the subdivision should 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. L. Perimeter closure computations shall be submitted with the final plat tracing. M. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. N. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. O. 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. -------------------------------------------------------------------- 2/8. SUB2000-48 - One-Step Final Plat of MID CONTINENT AIRPORT 5TH ADDITION, located west of Ridge Road, on the north side of K-42 Highway. A. City Engineering needs to comment on the need for any other guarantees or easements. No guarantees 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. The drainage plan is approved. D. The plat shall be revised to include the vacation of Eitel Road and this lot tied together by restrictive covenant with the adjoining lot to the east. E. 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. F. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. G. 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.) H. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. I. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. K. The owner of the subdivision should 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. L. Perimeter closure computations shall be submitted with the final plat tracing. M. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. N. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. O. 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. -------------------------------------------------------------------- 2/9. SUB2000-50 - MID CONTINENT AIRPORT 7TH ADDITION, located on the south side of Kellogg, west of Mid- Continent Airport Road. A. Sanitary sewer services are available to serve the site. The Applicant shall guarantee the extension of City water to serve the lot at the time of site development. 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 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. E. The recording information in the plattor’s text for the access easement needs to be corrected. F. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. G. 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.) H. The applicant’s engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary’s signature. I. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. K. The owner of the subdivision should 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. L. Perimeter closure computations shall be submitted with the final plat tracing. M. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. N. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. O. 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. ------------------------------------------------------ 2/10. DED2000-14 - Dedication of a Utility Easement from American Postal Workers Union LOC 735 (Thelbert O. and Linda J. Matney, and Ronald D. and Gina D. Barkley), for property located east of Ridge Road, north of Harry. OWNER/APPLICANT: Ron Barkley, 657 N. Karen, Wichita, KS 67212 LEGAL DESCRIPTION: Part of Lot 3, Block A, Airport Industrial Addition. PURPOSE OF DEDICATION: This Dedication is a requirement of Lot Split No. L/S 1034, and is being dedicated for the extension of a sewer line. Planning Staff recommends that the Dedication be accepted. ------------------------------------------------------------------ GAROFALO “Is there anyone in the audience who wishes to speak on agenda items 3/1 and 3/2?” LISA VAN DE WATER, Planning staff “I just want to make one clarification on Item 3/2. The Subdivision approved both of these items, 3/1 and 3/2, but there has been a clarification on the legal description for 3/2 to make it coincide with the site plan that was submitted. So it is ‘access control except the north 70 feet and the south 75 feet’. That was what was shown on the site plan that was shown at Subdivision Committee.” GAROFALO “Say again the change.” VAN DE WATER “The change was an editing of the legal description. Originally, the legal description had said ‘access control along the west line of this Reserve D’, but the site plan showed only one opening along that western edge of the western boundary line, so we adjusted the legal description to fit the site description. So it is the access control except the north 70 feet and the southern 75 feet. It just gives them one opening into that area that was approved for a pool.” GAROFALO “Any questions on that?” MCKAY “I will abstain on Item 3/2.” WARREN “Are we going to vote on these separately?” GAROFALO “I think we can take them together. I asked if there was anyone to speak on these vacation items.” MOTION: That the Planning Commission recommend to the governing body that the requests be approved. WARREN moved, HENTZEN seconded the motion, and it carried with 8 votes in favor. There was no opposition. McKay abstained. --------------------------------------------------------------- Michaelis arrived at the meeting at 1:27 p.m. FRANK GAROFALO, Chair, read the following zoning procedural statement which is applicable to all City of Wichita zoning cases: Before we begin the agenda, I would like to take this opportunity to welcome members of the public to this meeting of the Metropolitan Area Planning Commission. Copies of the agenda for today's meeting, the public hearing procedure, and copies of staff reports on zoning items are available at the table nearest to the audience. The Commission's bylaws limit the applicant on a zoning or subdivision application and his or her representative(s) to a total of ten minutes of speaking time at the start of the hearing on that item, plus up to two minutes at the conclusion of that hearing. All other persons wishing to speak on agenda items are limited to five minutes per person. However, if they feel that it is needed and justified, the Commission may extend these times by a majority vote. All speakers are requested to state your name and address for the record when beginning to speak. When you are done speaking, please write your name and address, and the case number, on the sheet provided at the table nearest to the audience. This will enable staff to notify you if there are any additional proceedings concerning that item. Please note that all written and visual materials you present to the Commission will be retained by the Secretary as part of the official record. If you are not speaking, but you wish to be notified about future proceedings on a particular case, please sign in on that same sheet. The Planning Commission is interested in hearing the views of all persons who wish to express themselves on our agenda items. However, we ask all speakers to please be as concise as possible, and to please avoid long repetitions of facts or opinions which have already been stated. For your information, the Wichita City Council has adopted a policy for all City zoning items, which is also available at the table with the other materials. They rely on the written record of the Planning Commission hearings and do not conduct their own additional public hearings on these items. ------------------------------------------------------------------------------------ ZONING: 4. Case No. ZON2000-00010 - Allen’s Concrete, Inc. (owner) & Harper’s Inc. (applicant) Mark Chappelle/Gary Goodson (agents) request a zone change from “SF-6” Single-Family Residential to “LI” Limited Industrial on property described as: Beginning at the Southwest Corner of the Southeast quarter of Section 29, Township 27 South, Range 1 West of the 6th P.M. Sedgwick County, Kansas; thence East of the South line of the said Southeast Quarter, 875.5 feet; thence North parallel to the line of said Southeast Quarter, 593 feet more or less, to the South line of the A.T. & S.F. Railroad Right of Way, thence Westerly On said South Line 897.5 feet, more or less, to the West line of Said Southeast Quarter, thence South 402.5 feet to the point of beginning. Generally located on the corner of Harry Street and Seville Streets. BARRY CARROLL, Planning staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: The applicant, Harper’s, Inc., is requesting approval of “LI” Limited Industrial zoning on 10 acres of unplatted property currently zoned “SF-6” Single-Family Residential. The application area is a trapezoid shaped parcel and is located at the corner of Harry and Seville Streets (see site plan). Seville Street is located on the west, Harry Street is located to the south and the AT&SF Railroad is located on the northern edge of the property. Starting in 1948, the site served as the Walt Keeler Concrete Plant. The plant ceased operation in 1996 and was subsequently purchased by Allen’s Concrete, Inc. (parcel owner). Access to the site is currently from one entrance on the west via Seville Street (unpaved) and one on the south from Harry Street (unpaved). The applicant would like two additional entrances, or a total of three, along Harry Street. The applicant has submitted a site plan for review (see attachment). There are plans to plat the property into two parcels. The largest parcel (7.1 acres) will be primarily for a freight business and a smaller “out parcel” (2.9 acres) is planned for the eastern area. There are plans to remodel an existing concrete structure located in the northwest corner of the larger parcel. Truck parking is planned for the center of the property; personal storage units are planned along the northern edge and bulk storage in the eastern part of the largest parcel. There are no identified uses for the smaller parcel at this time. The smaller parcel may be sold at a later time. The majority of the 10-acre site consists of concrete slab paving. Per the zoning code, a screening fence, landscaping or berming will be required along the east property line, which is adjacent to “SF-6” zoned land. Mechanical equipment and outdoor work and storage areas must also be screened on all non-residential developments, except those located along local or collector streets founded on both sides by “OW,” “IP,” “LI,” or “GI” zoning. Screening to reasonably hide from ground level view all loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, outdoor storage, outdoor work areas or similar uses from any residential zoning district or public street right-of-way located within 150 feet of such uses (see UZC pages 159-160 for compatibility standards). The applicant will need to submit a Landscaping Plan for review which is consistent with the Landscaping Code – landscaped street yards and buffer landscaping by the property line plus parking with screening of any parking along Harry and Seville, and buffer landscaping along the east property line. There are three businesses on the properties north of the application area and they are zoned “GC” General Commercial. The golf course south of the application area is zoned “SF-6” Single-Family Residential, the property east is a single family residence and zoned “SF-6,” and the property to the west is also “SF-6” and developed as a park. CASE HISTORY: None. [A concrete plant was on the site from 1948 until1996 as a non-conforming use.] ADJACENT ZONING AND LAND USE: NORTH: “GC” General Commercial Three Retail Businesses EAST: “SF-6” & “LI” Limited Industrial Single-Family Residence SOUTH: “SF-6” Single-Family Residential Municipal Golf Course WEST: “SF-6” Single-Family Residential Municipal Park PUBLIC SERVICES: Harry Street is an unpaved two-lane street. The 10-acre site has one entrance from Harry Street and one from Seville Street, an unpaved two-lane street. Traffic volumes are not rated. There is no City water on site. The closest City water is located east of the site and along Harry Street. Sewer services are available. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan identifies the application area as being appropriate for industrial uses. The Plan contains an objective stating: “Promote industrial activities and development in a manner that is compatible with the built and natural environment.” The primary location determinants are the characteristics of the individual use, nature of any emissions, the surrounding uses and zoning districts and the degree of compatibility with adjacent uses. At the time of platting, the applicant may consider the following three options: 1) If the 10-acre parcel is platted into one large parcel, the applicant shall be required to pave Seville Street, from Kellogg Drive to the northwest entrance along Seville Street near the railroad tracks; 2) If the 10-acre parcel is platted into two parcels, the applicant would need to pave Seville Street, from Kellogg Drive to the northwest entrance along Seville Street near the railroad tracks for Parcel #1and pave Harry Street from Tyler Street to the entrance at the southeast corner of Parcel #2; or 3) The applicant may circulate and attempt to secure a majority-paving petition for either Seville or Harry Streets in an effort to reduce paving costs. RECOMMENDATION: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED, subject to platting within a period of one year. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Most of the adjacent properties are zoned “SF-6” Single- Family Residential and the adjacent businesses to the north are zoned “GC” General Commercial. The character of the neighborhood is one of mixed uses with commercial uses located to the north, a single-family home to the east, a municipal golf course to the south and a public park to the west. 2. The suitability of the subject property for the uses to which it has been restricted: The property is currently zoned “SF-6” and has been used in a non-conforming manner from the 40’s through 90’s. The site is also located adjacent to railroad tracks. The property is not suitably zoned today. 3. Extent to which removal of the restrictions will detrimentally affect nearby property. A variety of uses surround the site. There are retail businesses to the north, a public golf course to the south, a park to the west and a signal family residence to the east. There should be minimal detrimental impacts on the nearby properties for the proposed “LI” Limited Industrial recommended for this request. The purpose of the “LI” Limited Industrial district is to “promote industrial activities and development in a manner that is compatible with the built and natural environment.” The primary location determinants are the characteristics of the individual use, nature of any emissions, the surrounding uses and zoning districts and the degree of compatibility with adjacent uses. Starting in the late 40’s, the site served as the Walt Keeler Concrete Plant. The plant ceased operation in the late 90’s and was subsequently purchased by Allen’s Concrete, Inc. The site appears appropriate for a tractor- trailer truck freight terminal. The site could be developed with uses permitted in the “LI” Limited Industrial District. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The request is consistent with the Land Use Guide and with an objective stating: “Promote industrial activities and development in a manner that is compatible with the built and natural environment.” The primary location determinants are the characteristics of the individual use, nature of any emissions, the surrounding uses and zoning districts and the degree of compatibility with adjacent uses. 5. Impact of the proposed development on community facilities: The projected impact on community facilities could be considerable. The proposed truck freight business will likely generate increased traffic. CARROLL “This case came to you earlier and was sent back to you by the City Council. I think we have addressed some concerns they may have had. Earlier this Commission voted unanimously to recommend approval when it came before you. This is the old Walt Keeler’s concrete plant. It was zoned ‘SF-6’ single-family residential, and we were recommending ‘LI’ Limited Industrial. In the interim, between MAPC and this case going to the City Council, there were some neighborhood concerns. There were concerns that perhaps a concrete plant could go back in this location, so Councilmember Martz referred it back to you. In the interim we have talked to the applicant and with Marvin Krout’s input, it has been agreed that the applicant will ask for Industrial Park zoning designation instead of Limited Industrial. I will explain the reasons why. The applicant has no desire to put a concrete plant in there. Having the Industrial Park designation would mean that if he were to want a concrete plant in the future, he would need to secure a zone change request to ‘LI’ and in addition, secure a Conditional Use. This would give, I think, the neighbors some assurances that there would be no concrete plant and Bob Martz is comfortable with this Industrial Park designation, as I understand. I think the applicant and Mr. Martz have had conversation about this. I would answer any questions you might have.” PLATT “Is the application for ‘LI’ or for ‘IP’?” CARROLL “It is for ‘IP’. The applicant and agents are here today to answer any questions you might have.” LOPEZ “As far as you are aware, they are in concurrence?” CARROLL “Yes.” MARNELL “I need to mention that I was contacted on this by my appointer, Councilmember Martz, and it was relaying the same information that Barry has just related.” GAROFALO “Okay. Does anyone else want to divulge any contacts on this item? Okay, then we will hear from the applicant.” ROYCE HARPER “I live at 1729 South Sabin. I am making myself available this afternoon for any questions, doubts, or inhibitions about our intent and purposes of this project.” GAROFALO “The only question I can think of is are you in agreement with the ‘IP’ zoning?” HARPER “Absolutely. I have had several conversations with Mr. Martz and Mr. Carroll, and of course, Marvin Krout. I think that we can easily comply with the zoning that is recommended to us.” GAROFALO “Are there any other questions of the applicant?” BARFIELD “It is my understanding that this property is owned by Allen’s Concrete?” HARPER “That’s correct.” BARFIELD “And you can give us an assurance that in the future there will not be any changes in plans or request for a concrete plant?” HARPER “Should there be a concrete plant, it would be a substantial financial loss to me personally, and also from a corporate ownership standpoint. I would be substantially penalized if I were to allow that to happen. They have no intentions of maintaining the property under those conditions of a pour plant of any sort.” MICHAELIS “Just for clarification, you are buying the property from Allen’s Concrete, is that correct?” HARPER “Correct.” GAROFALO “Are there any other questions? Thank you. Is there anyone else to speak in favor of this application besides the applicant? Is there anyone here to speak in opposition? Okay, thank you.” HARPER “Thank you.” GAROFALO “We will bring it back to the Commission then.” MOTION: Having considered the factors as contained in Policy Statement No. 10; taking into consideration the staff findings (The zoning, uses and character of the neighborhood: Most of the adjacent properties are zoned “SF- 6” Single-Family Residential and the adjacent businesses to the north are zoned “GC” General Commercial. The character of the neighborhood is one of mixed uses with commercial uses located to the north, a single-family home to the east, a municipal golf course to the south and a public park to the west. The suitability of the subject property for the uses to which it has been restricted: The property is currently zoned “SF-6” and has been used in a non-conforming manner from the 40’s through 90’s. The site is also located adjacent to railroad tracks. The property is not suitably zoned today. Extent to which removal of the restrictions will detrimentally affect nearby property. A variety of uses surround the site. There are retail businesses to the north, a public golf course to the south, a park to the west and a signal family residence to the east. There should be minimal detrimental impacts on the nearby properties for the proposed “LI” Limited Industrial recommended for this request. The purpose of the “LI” Limited Industrial district is to “promote industrial activities and development in a manner that is compatible with the built and natural environment.” The primary location determinants are the characteristics of the individual use, nature of any emissions, the surrounding uses and zoning districts and the degree of compatibility with adjacent uses. Starting in the late 40’s, the site served as the Walt Keeler Concrete Plant. The plant ceased operation in the late 90’s and was subsequently purchased by Allen’s Concrete, Inc. The site appears appropriate for a tractor-trailer truck freight terminal. The site could be developed with uses permitted in the “LI” Limited Industrial District. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The request is consistent with the Land Use Guide and with an objective stating: “Promote industrial activities and development in a manner that is compatible with the built and natural environment.” The primary location determinants are the characteristics of the individual use, nature of any emissions, the surrounding uses and zoning districts and the degree of compatibility with adjacent uses. Impact of the proposed development on community facilities: The projected impact on community facilities could be considerable. The proposed truck freight business will likely generate increased traffic.) I move that we recommend to the governing body that the “IP” Industrial Park zoning be approved, subject to platting within 1 year. MCKAY moved, MARNELL seconded the motion, and it carried unanimously (11- 0). ------------------------------------------------------------------------- 5. Case No. CON2000-00012 - Scott Hoskinson (Contract Purchaser/Applicant); Tom Holmes and George Holmes (Owners); Baughman Company, PA c/o Russ Ewy (Agent) request a Conditional Use to allow sand and gravel extraction on property described as: The West Half of the Southwest Quarter of Section 15, Township 26 South, Range 1 West of the Sixth Principal Meridian, Sedgwick County, Kansas EXCEPT the South 735 feet thereof TOGETHER WITH the East 110 feet of the South 735 feet of said West Half except that part taken for the road. Generally located north of 53rd Street North. SCOTT KNEBEL, Planning Staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: At the June 15, 2000 MAPC hearing, the MAPC voted to defer this case for two weeks to allow time to address issues regarding drainage, access, and redevelopment. At the time this report was prepared, the drainage issue has been resolved between planning staff and the applicant, and revised conditions of approval regarding drainage are reflected in the “Recommendation” section. The issues regarding access and redevelopment were not resolved at the time this report was prepared; therefore, they will need to be discussed at the MAPC hearing. The applicant is requesting a Conditional Use to allow sand and gravel extraction on a 58.3-acre unplatted tract located north of 53rd Street North and east of Ridge Road. The subject property is zoned “RR” Rural Residential. The attached site plan shows that the proposed sand and gravel extraction operation would create a 40-acre lake. The operational plan shows a fence around the perimeter of the entire property. Storage of equipment and material would not be permitted within 100 feet of the west property line and 50 feet of the north, south, and east property lines. The redevelopment plan shows that two single-family residences are proposed for the site, with one located east of the lake and the other located west of the lake. The character of the surrounding area is agricultural with several existing sand and gravel extraction uses in the vicinity. The subject property is within a zone likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Also, information pertaining to wetlands from the Sedgwick County Soil Conservation District and Soil Survey of Sedgwick County indicates that the site does not contain soil commonly associated with wetlands. The property east, west, and north of the site is zoned “RR” Rural Residential, and the property south of the site is zoned “SF-20” Single Family Residential. The properties to the east and west are used for sand and gravel extraction. The properties to the north and south are used for agriculture and are developed with farm-related single family residences. Since the proposed lake uses most of the site and leaves little opportunity to develop the site with residential uses, the proposed use erodes the property’s future tax base for Sedgwick County. Therefore, planning staff recommends conditions of approval which reduce the size of the extraction area and require a development plan showing one acre lots around the lake to be served by on-site water wells and septic systems. CASE HISTORY: The site is unplatted. ADJACENT ZONING AND LAND USE: NORTH: “RR" Agriculture; Single Family SOUTH: “SF-20" Agriculture; Single Family EAST: “ “RR" Sand and Gravel Extraction WEST: “RR" Sand and Gravel Extraction PUBLIC SERVICES: This site has access to 53rd Street North and Ridge Road, both two-lane paved section line roads. Primary access to the site will be from 53rd Street North, with emergency access only from Ridge Road. 53rd Street North has current traffic volumes of approximately 2,500 average daily trips, and Ridge Road has current traffic volumes of approximately 3,800 average daily trips. The 2030 Transportation Plan estimates that these volumes will increase to approximately 8,500 and 6,200 average daily trips, respectively. Municipal water and sewer services are not currently available to serve this site, and the site is located outside the 30-year urban service area. Use of the site for sand and gravel extraction and, subsequently, single-family residences can be supported by on-site water and sewer service. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the recently adopted update to the Wichita/Sedgwick County Comprehensive Plan identifies this area as appropriate for “Rural” development, which accommodates agricultural uses as well as other uses common in rural areas, such as sand and gravel extraction, that are no more offensive than normal agricultural uses. In the “Rural” category, large lot residential uses, as proposed in the redevelopment plan, should be developed with provisions for future water and sewer services. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions: 1. The applicant shall submit an operational plan for the area to be excavated. The area to be excavated shall be limited to a size that leaves sufficient land for future development of the site with one-acre lots around the lake. The extraction of sand and gravel on the site shall proceed in accordance with the revised operational plan approved by the MAPC. The perimeter of the lake excavation shall conform to the approximate size and shape indicated on the approved plan. 2. In order to assist in the enforcement of the operational plan, the applicant shall post a copy of the approved operational plan in the sand and gravel extraction office. 3. The applicant shall submit a revised development plan showing how the site could be subdivided into approximately one acre lots around the lake to be served by on-site water wells and septic systems. 4. Adjacent to the north, south, and west property lines of the application area, as indicated on the approved operational plan, a minimum 60-inch-high fence shall be constructed prior to the beginning of any extraction operation. A minimum 60-inch-high fence shall be constructed adjacent to the east property line at such time as the existing fence on the adjacent property to the east is removed. The fence and existing hedgerows shall be maintained at the locations depicted on the approved operational plan. Said fence shall be placed on steel posts, which are not less than 7 feet tall. The posts shall not be set more than 16 feet apart. The fence shall be a minimum height of 60 inches and shall be of the following types of construction: A. A 48-inch-high or higher chain link fence with 3 or more strands of barbed wire; or B. A 48-inch-high or higher solid metal or solid masonry fence with 3 or more strands of barbed wire; or C. A 48-inch-high or higher wood fence which may have cracks or openings not in excess of 5% of the area of such fence, with 3 or more strands of barbed wire. The term “barbed wire” shall mean any twisted wire with barbs spaced a minimum of 4 inches apart and placed at the top of the fence and gate at an angle not to exceed 1600 facing away from the excavation. 5. The sand and gravel shall be extracted to at least a minimum depth of 6 feet below the normal water table, as determined by the Wichita-Sedgwick County Health Department. 6. To provide for bank stabilization and safety of future uses, the side slopes of the extraction shall be no more steep than five horizontal to one vertical. 7. Sufficient overburden material shall be retained in the area of extraction to grade and construct the banks so they are formed with overburden material rather than sand. 8. The applicant shall submit a restrictive covenant to the Planning Department in a form satisfactory to the County’s legal counsel, prior to the commencement of any sand and gravel extraction operation, providing that no foreign matter, such as rubbish, trees, car bodies, etc., shall be deposited on the application area or within the extraction area. 9. No commercial recreational activities, such as boating, fishing, skiing, etc., shall be permitted in the area, unless duly authorized under provisions of the Unified Zoning Code and amendments thereto. 10. All slopes shall have vegetative covering consisting of a perennial drought-resistant grass or combination of grasses which will permit the establishment of sod cover to help prevent erosion. 11. To minimize blowing soil in this area, overburden shall not be removed more than six months in advance of the lake being expanded into an area, unless the ground is covered within the next planting season with a perennial drought-resistant grass or combination of which will permit the establishment of sod cover to help prevent erosion. As part of the required operational plan, the applicant shall divide the site into 2 distinct areas for the purpose of showing phased excavation over time. The plan would show which area was to be excavated and at what time. 12. The storage of equipment or stockpiling of sand is not permitted closer than within 50 feet of the north, south, and east property lines and 100 feet of west property line. 13. Nothing in the approval of this request shall be construed to permit a contractor’s material and equipment storage yard. Within 60 days after completion of the sand extraction operation, the land surrounding the lake shall be properly graded and planted with a vegetative cover. Also, all stockpiled sand, sand pumping and related equipment shall be removed from the subject site. 14. The approval of the Conditional Use is for a period not to exceed five years from the date of approval by the MAPC and/or the Board of County Commissioners and subject operation is to cease after that period of time with all equipment and materials associated with the operation removed from the premises. 15. Hours of operation for the sand extracting business shall be limited to 6:00 a.m. to sunset. 16. All on-site water and sewerage facilities shall be approved by and constructed to the standards of the Wichita- Sedgwick County Health Department. 17. Any water wells needed to operate the facility must comply with the Water Well Construction Standards contained in Article 30 of the Kansas Department of health and Environment rules and regulations. 18. The applicant shall make the site available to the Wichita-Sedgwick County Health Department for the installation and management of groundwater monitoring wells. 19. Any on-site storage of fuels or chemicals must be approved by the Wichita Sedgwick County Health Department. 20. A drainage plan shall be submitted to and approved by the Sedgwick County Bureau of Public Works prior to starting the sand and gravel extraction. All of the area included within the fenced sand extraction operation shall be graded in accordance with the approved drainage plan. Additional requirements, such as a public drainage easement, a floodway reserve, or a covenant authorizing the site for use as a detention storage facility for public drainage purposes, may be required as a condition of approval for the drainage plan. 21. The applicant shall be responsible for maintaining all operational roads in a sand or graveled condition and shall apply water or other acceptable dust retardant to minimize blowing dust. The owner of the property shall be responsible for minimizing blowing dust from the site. 22. The applicant shall obtain and maintain all applicable local, state, and federal permits necessary for the sand and gravel extraction operation. 23. The applicant shall dedicate by separate instrument right-of-way for 53rd Street North and Ridge Road pursuant to Article 7-201(H) of the Wichita-Sedgwick County Subdivision Regulations. 24. Any violation of the conditions of approval shall declare the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The character of the surrounding area is agricultural with several existing sand and gravel extraction uses in the vicinity. The subject property is within a zone likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Also, information pertaining to wetlands from the Sedgwick County Soil Conservation District and Soil Survey of Sedgwick County indicates that the site does not contain soil commonly associated with wetlands. 2. The suitability of the subject property for the uses to which it has been restricted: The site is currently used for agriculture and this use could continue given the agricultural character of the area. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Any detrimental affects should be minimized by the various setback requirements and operational restrictions required as conditions of approval. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Land Use Guide of the recently adopted update to the Wichita/Sedgwick County Comprehensive Plan identifies this area as appropriate for “Rural” development, which accommodates agricultural uses as well as other uses common in rural areas, such as sand and gravel extraction, that are no more offensive than normal agricultural uses. In the “Rural” category, large lot residential uses, as proposed in the redevelopment plan, should be developed with provisions for future water and sewer services. 5. Impact of the proposed development on community facilities: The development of this property as a sand and gravel extraction operation should not have a significant impact on community facilities. On-site water and sewer services will be required to serve this site. KNEBEL “The Planning Commission heard this case two weeks ago and deferred it regarding issues of drainage, access, and redevelopment of the site. The staff report that you have before you indicates that the issues regarding drainage have been resolved between the applicant and staff of the Planning Commission and the Sedgwick County Public Works Department. If you will look at Condition No. 20, that is the language that we have developed, which I think we intend to use in the future for these types of applications regarding drainage and it basically indicates that the County Engineer has several options regarding how to address off-site drainage, whether it be an easement or a covenant, or even the designation of the site as a floodway. I don’t see the applicant here, but they indicated to me that they were in agreement with that on the phone. The other issues regarding redevelopment of the site and access to the site, I understand that there is a site plan that the applicant has which I have not seen yet, but I will allow him to address those issues and hopefully you will be able to work your concerns regarding those.” GAROFALO “Have any Commissioners been contacted on this?” OSBORNE-HOWES “I was contacted by Tom. We discussed the issues. It was just a brief conversation. None of that information would change my mind.” WARNER “I was also contacted by Tom. We discussed the entrance and the exit on Ridge Road. The requirement for the lots around there.” MICHAELIS “The same for me.” GAROFALO “Does anyone else want to declare contact? Does anyone have any questions of Scott before we hear from the applicant? Okay, then we will hear from the applicant.” RUSS EWY “I am with the Baughman Company, agent for the applicant. To be brief, we are passing around the revised site plan, which will take into account several of the items we discussed last time. We have agreed to abide by Condition No. 1, which showed a revised redevelopment plan, showing how we can lot the property. Johnson arrived at 1:40 p.m. As well, we have resolved the drainage with both the Bureau of Public Services and the Planning staff. The only two items that we have to discuss today from our standpoint would be Condition No. 14, which we talked about during the last meeting. We are asking for a time period of 10 years instead of 5 years. We explained the reasoning for that. The only other item that we are here to discuss from our standpoint is the access road serving the plant site. As you will recall, the last meeting, we had the most affected property-owner speak in opposition to the proposed access point onto 53rd Street North. The revised operational plan shows what we would consider somewhat of a compromise position. We understand that there is the potential of having truck-traffic that will be using Ridge Road, although we feel that most truck traffic will utilize 53rd Street, heading east. So what we show are two driveways that would allow truck traffic to either gain access to the plant site via Ridge Road as well as 53rd Street North. We feel that although we would be building two separate roads that this would at least have the effect of diluting whatever truck traffic may be imposing on the property owners around 53rd Street North. Also, if you recall from the original site plan, we have relocated the 30-foot access drive along 53rd Street North to a point of approximately 70 feet west of our east property line, maximizing the distance between that and the property owner to the east. In addition, we are in agreement to pave this stretch, this 705 feet with a crushed asphalt type of surface in an effort, obviously, to avoid having any type of dust or blowing dirt impacting these neighbors. I believe that is it. I will answer any questions that I may.” GAROFALO “Russ, where is the access mentioned here?” EWY “I am not sure the access is specifically addressed in the list of conditions. The condition is that we have to abide by the operational plan as graphically presented. The only other condition that we are asking for a modification to would be item No. 14, dealing with the time period of operation.” GAROFALO “Okay. Maybe you need to tell us why you think you need 10 years.” EWY “Again, as I mentioned last time, this is a moderately large area of excavation, depending on the state of development throughout the county. Pumping sand is going to be related to that type of construction activity. These types of conditional uses have typically had about a 10-year time period and we feel that in an effort to avoid, in our opinion, needlessly coming back for an amendment to allow an extension of time, we feel that we could simply have a 10-year time frame and operate within that time frame.” GAROFALO “What about accesses? Show us where you want access?” EWY “The original proposal has always been to have a plant site located in the back, in the east mid-point of the property. Obviously, this is an attempt to keep it as far away from the public, as well as surrounding property owners. It also is placed in that location due to the soil’s testing that we have done on the site. This is the least available area in order to extract sand. We originally proposed an access road coming down the east property line, straight to 53rd Street North. In this revised plan, we showed the same access point, except it is moved over to the western portion of this panhandle and we show a secondary access point out to Ridge Road.” WARREN “Russ, that doesn’t show up on this site plan. Do you have another site plan?” EWY “It shows up on the operational plan, not the redevelopment plan.” MARNELL “Russ, we had a similar request for 10 years a couple of weeks ago and it was expressed around the table, because it states 10 years from the start of extraction because it is pretty open-ended. What terms on outside time would you be willing to accept on this?” EWY “A few weeks ago, we discussed not only the extension of time from 5 years to 10 years, but also perhaps, as the other Conditional Use heard later that afternoon, perhaps the option of beginning when the clock begins. The 10 years starting from the point that we actually began excavation versus 10 years from the approval of the County Commission.” MARNELL “It seems like what we ended up with in that discussion was this 10 years from the start of extraction, but extraction starts within 3 years.” EWY “That was the other case. I have Scott Hoskinson here from Central Sand Company, who would be able to better indicate a rough time when excavation will be begin on this site. Scott, when do you think you would be able to move to this site?” GAROFALO “Why don’t we have him come up to podium?” EWY “Okay.” GAROFALO “State your name, please.” SCOTT HOSKINSON “Hello. I am thinking in a year and a half to 2 years tops before excavation would begin.” MARNELL “So you wouldn’t have difficulty with putting on a requirement so that this entire permit would end in 13 years under any condition?” HOSKINSON “Correct.” MARNELL “Okay, thanks.” PLATT “Russ, I have to be a little concerned that you are putting the gate on one drive along Ridge Road and the gate on the other one is up in the property. It seems to me that this might be telling us that you are really going to use a 53rd Street entrance.” EWY “That is a good question. We would be more than happy to place that gate closer to, or at least in an adequate throat length to store the adequate number of trucks. You’re right, we didn’t take into account any type of queuing that would occur. We will definitely entertain making that change on the operational plan.” GAROFALO “Are there any other questions?” KROUT “Would you go over again, on the access, either one of you, why Ridge Road exclusively does not work? And also, I think there was some discussion at the last meeting about the fact that the owner has additional property with 53rd Street frontage and couldn’t they move it closer to Ridge Road, away from the house that is adjacent to the east?” EWY “I think we originally began by taking a look at where we were putting the plant site. As I explained, the reasons for locating our plant site where it is, that creates a situation where the closest shot to a public road is obviously 53rd Street North. In addition to the fact that Ridge Road has approximately 50 percent more traffic per day, and that fact that our truck traffic will not necessarily be going south, as we discussed last time, on Ridge Road. So you are looking at more of a direct routing of our truck traffic. I will let Scott explain the reason for requiring whatever property he was able to acquire from the property owner to the south.” HOSKINSON “It is my feeling, and for a safety factor, I am also contracted to do the Conditional Use permit across the road that was approved here two weeks ago. That factor, being able to transfer equipment or whatever is needed from site to site instead of having to come clear out around Ridge Road, down back to 53rd Street and back, is quite a bit quicker. And you don’t have the large equipment on the road as long or anything, for a hindrance or traffic block.” KROUT “What about the issue of moving it further to the west on 53rd Street?” HOSKINSON “The road? Let’s see…” (Did some discussing with Ewy). EWY “Scott had originally attempted to purchase 200 feet of width along that line before the property owner re-negotiated down to 110 feet that he was willing to sell. So we have a property owner that would not be willing to agree to that.” HOSKINSON “He just let me have the bare essentials, I guess.” GAROFALO “Are there any other questions of the applicant? Okay, thank you. Is there anyone else to speak in favor of this zoning change? Is there anyone to speak in opposition?” JANET HOSKINS “I live at 1780 3100th Avenue in Chapman, Kansas. I spoke to this board two weeks ago and expressed concern about the location of the road and the way the operation was presented. To refresh your memories, I own the house directly east of the proposed driveway. My lot is 300 feet wide with the house sitting on the east central part of the lot. If the company placed that road where they plan on it, even if it was in the west part of the corridor, it would still be less than a football field length from my house. I don’t feel this is right. Large trucks are noisy. They vibrate the ground and should not be that close to a resident’s house. I understand and all the neighbors I have talked to are upset and concerned about this road dumping another sandpit out onto 53rd Street. They are living with three sandpits now and do not want to deal with the traffic from a fourth. Ridge Road is the most logical choice for the road. It gives direct access to the bypass. The bypass is 1-1/2 miles down Ridge Road, but it is nearly 5 miles going to the east on 53rd and then south on Meridian. Heavy trucks should take the shortest route to a main road. Ridge Road is the way the truck traffic should exit our community. I see no problem with using 53rd Street for equipment or an emergency exit, but I do see a problem of running sand trucks, and topsoil trucks back and forth from one site on one side of 53rd to the other. That just doubles the traffic by my house. The decision today really comes down to what is right. Is it right for the sandpit to place their road in a location that is most convenient for them and ignore the wishes of the community, or is it right for the community to request that a road be placed in a safer location, which produces the least disturbance for them? The community and I urge you to request that the road be moved to Ridge Road, at least the main entrance, and use the 53rd Street entrance as an emergency only or just to move equipment back and forth, but not sand trucks and not top soil trucks. Regardless of where the roads are, they should be covered with asphalt to reduce the blowing dirt and sand for the surrounding neighbors. Thank you.” GAROFALO “Are there any questions?” MICHAELIS “Ma’am, for a point of clarification, you gave your address as Chapman, Kansas, so you don’t live there?” HOSKINS “I don’t live there currently, no. I am planning on coming back to there.” MICHAELIS “Okay, thank you.” GAROFALO “Is there anyone else to speak in opposition? Okay, then you have two minutes rebuttal, Russ.” EWY “I will be brief. One thing that I didn’t mention during my presentation was another reason why we placed access onto to 53rd Street. As you know, we received approval for a sand extraction operation south of this property. That is also run by Mr. Hoskinson. Obviously, we want to, from an operational standpoint, have those access points as close as possible to one another. We feel that the approximate 70 trips that this site will generate in any given day will be spread out over the time period set by this Conditional Use and will not have an appreciable impact on local traffic. Again, we would ask that the operational plan that we show here today, showing the two access points will even defuse that 70 trips per day from this stretch of 53rd Street North. I would be more than happy to answer any other questions.” WARREN “Did you suggest that the road surface would either be gravel or reground asphalt?” EWY “Re-ground asphalt is what we are proposing along that south 705 feet, up to the gate. And I might add that we build these roads with more of a rock and clay base, which, by its own nature, will not blow. But we will agree to this additional step.” MICHAELIS “Russ, are these trees that are shown here, are they there now?” EWY “Yes.” MICHAELIS “I apologize for not having been out there, but is this a pretty significant hedgerow barrier?” EWY “Scott brought along some pictures for your reference. It is a pretty mature stand of trees. There are gaps, as you will be able to see from these pictures. I spoke with the property owners last Friday in an effort to see whether or not asphalt milling paving on this property, as well as the re-location of the drive would have any impact on their opinion of this location of the driveway. They clearly expressed that although we proposed doing these modifications, that it did not change, as you heard Janet say, their opinion of the location of that drive. We also felt that we could plug those gaps in the trees with additional plantings, if necessary.” KROUT “Russ, you know on the case on the south side of 53rd Street a couple of weeks ago, Commissioner McGinn asked for a revision of the hours of operation to 7:00 p.m. instead of sunset. I suspect if this goes forward, I think she will be discussing it again. Is your applicant prepared to maybe make that accommodation today, also?” EWY “We discussed that the last time, I think, and I will sure let Scott correct me if I am wrong. We discussed that and there is an obvious difference between the two applications. The south application site is obviously associated with this sand operation; however, it is not a public sand extraction operation. We won’t be running additional commercial carriers out of that site. That is simply for Central Sand Company. So it is very much a secondary type of use. So we had no problems limiting the hours of operation from 6:00 a.m. to 7:00 p.m. I believe that is what the Commission approved. Obviously, there is a substantial number of people that live around that particular sand plant. We felt that this being our primary plant site that we would be desiring to maintain the standard condition of hours operation to 6:00 a.m. to sunset. So we would be discussing that. I am not sure that we would be as willing to agree to that as we were on the last site, for those reasons.” GAROFALO “Are there any other questions? Okay, thanks, Russ. Okay, what is the pleasure?” MOTION: Having considered the factors as contained in Policy Statement No. 10; taking into consideration the staff findings (The zoning, uses and character of the neighborhood: The character of the surrounding area is agricultural with several existing sand and gravel extraction uses in the vicinity. The subject property is within a zone likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Also, information pertaining to wetlands from the Sedgwick County Soil Conservation District and Soil Survey of Sedgwick County indicates that the site does not contain soil commonly associated with wetlands. The suitability of the subject property for the uses to which it has been restricted: The site is currently used for agriculture and this use could continue given the agricultural character of the area. Extent to which removal of the restrictions will detrimentally affect nearby property: Any detrimental affects should be minimized by the various setback requirements and operational restrictions required as conditions of approval. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Land Use Guide of the recently adopted update to the Wichita/Sedgwick County Comprehensive Plan identifies this area as appropriate for “Rural” development, which accommodates agricultural uses as well as other uses common in rural areas, such as sand and gravel extraction, that are no more offensive than normal agricultural uses. In the “Rural” category, large lot residential uses, as proposed in the redevelopment plan, should be developed with provisions for future water and sewer services. Impact of the proposed development on community facilities: The development of this property as a sand and gravel extraction operation should not have a significant impact on community facilities. On-site water and sewer services will be required to serve this site.) I move that we recommend to the governing body that the application be approved as presented subject to these three conditions: 1. Item No. 14 be amended to 10 years from the date of commencement of operations, provided however that said commencement started in not to exceed two years. 2. That the modification be accepted on the opening to Ridge Road as a secondary inlet/outlet. 3. That the 705-foot of road going to 53rd Street North be surfaced with re-ground asphalt. WARREN moved. MICHAELIS “I would like to ask the maker of the motion if you would be willing to amend that to three years. I would like to see us, as a Commission, have some consistency when we do these, and if we are approving three years for one, I think we ought to approve three years for this.” WARREN “Are you talking about the date of commencement?” MICHAELIS “Well, the way you described it, only instead of saying two years, say three years.” WARREN ‘Well, I said that his tenure would begin at the commencement of operations. Then what else are you suggesting?” MICHAELIS “I am saying that he has to commence operations within three years from the date of approval.” WARREN “Oh, okay. I don’t have any problem with that.” MICHAELIS seconded the motion. JOHNSON “Marvin, I guess I am curious about where the road actually is on this 705 feet. They made the option of moving it to the west. That is not in the notes. Should that be part of the motion?” KROUT “I think it is per the operation of the plan, so the plan ties them down.” JOHNSON “Okay.” OSBORNE-HOWES “Just a question for Marvin. Part of this operational plan that they submitted looked like they allowed for more lots, maybe. Is this enough to satisfy your request on that?” KROUT “We didn’t see this until just at the same time you did, and we haven’t developed a policy on what percentage of land ought to be left as high ground for future development, but I think off hand I would say that we will be looking for at least another 10 acres to be left as high ground.” GAROFALO “Are there any other questions?” WARNER “I have a question of the motion maker. Does your motion include the redevelopment plan?” WARREN “Well, yeah, the motion includes the operational plan.” WARNER “No, I mean the redevelopment plan. It’s Item No. 1 in the recommendations. It is different than the operational plan.” WARREN “Yeah, I don’t have any problem with that. Does that satisfy what we asked for?” WARNER “Marvin, explain that to him.” KROUT “I am saying that we would recommend more land be reserved and not mined for a lake area, but that is a decision that you need to discuss as a commission is whether or not the lake surface is now redevelopment area.” WARREN “With this application, we have no criteria, though, to insist upon that. It may be what we want, but what do we use as grounds to make this a condition of approval?” KROUT “Well, for example, there was a 60-acre parcel across the street that you approved with a 20-acre lake and here you are approving a 60-acre parcel with a 40-acre lake.” WARREN “I understand that, but I don’t know that that 20-acre lake is particularly our demand. I think that is the way it was.” KROUT “That’s right. Commissioner Warren, the applicant’s agent said they would agree to preserve the existing trees and the tree row and to plant additional trees where there are not trees, and a tree row along that east property line.” WARREN “Did you say 705 feet?” KROUT “Yes.” WARREN “So what you are asking for is additional screening on that 705 feet on the east side?” KROUT “Yes. And some additional plantings per the landscape plan approved by the Planning Department.” WARREN “All right, I will amend my motion.” OSBORNE-HOWES “The applicant also, I think, given the question that was asked over here earlier, they said that they would move the gate. Was that part of the motion?” EWY “Commissioner Platt made a good point. Having an access gate where it is located would not allow for appropriate queuing of vehicles, so we would be more than willing to adjust the gate location for that entrance to a location acceptable to staff.” OSBORNE-HOWES “Would the maker of the motion add that?” WARREN “I would amend my motion to affect that change and any other agreements that the applicant has made with staff.” (Laughter here) KROUT “Or may make in the future. That’s pretty funny.” AMENDED MOTION: I move that we recommend to the governing body that the application be approved, subject to the following: 1. The applicant shall submit a revised operational plan for the area to be excavated that locates the gate along Ridge an appropriate distance to the east from the Ridge right-of-way to permit queuing of vehicles on the applicant’s property rather than the right-of-way. The extraction of sand and gravel on the site shall proceed in accordance with the revised operational plan approved by the MAPC. The perimeter of the lake excavation shall conform to the approximate size and shape indicated on the approved plan. 2. In order to assist in the enforcement of the operational plan, the applicant shall post a copy of the approved operational plan in the sand and gravel extraction office. 3. The gaps in the existing hedgerow along the east side of the access road to 53rd Street North shall be filled with trees planted according to a landscape plan approved by the Director of Planning. 4. Adjacent to the north, south, and west property lines of the application area, as indicated on the approved operational plan, a minimum 60-inch-high fence shall be constructed prior to the beginning of any extraction operation. A minimum 60-inch-high fence shall be constructed adjacent to the east property line at such time as the existing fence on the adjacent property to the east is removed. The fence and existing hedge rows shall be maintained at the locations depicted on the approved operational plan. Said fence shall be placed on steel posts which are not less than 7 feet tall. The posts shall not be set more than 16 feet apart. The fence shall be a minimum height of 60 inches and shall be of the following types of construction: A. A 48-inch-high or higher chain link fence with 3 or more strands of barbed wire; or B. A 48-inch-high or higher solid metal or solid masonry fence with 3 or more strands of barbed wire; or C. A 48-inch-high or higher wood fence which may have cracks or openings not in excess of 5% of the area of such fence, with 3 or more strands of barbed wire. The term “barbed wire” shall mean any twisted wire with barbs spaced a minimum of 4 inches apart and placed at the top of the fence and gate at an angle not to exceed 1600 facing away from the excavation. 5. The sand and gravel shall be extracted to at least a minimum depth of 6 feet below the normal water table, as determined by the Wichita-Sedgwick County Health Department. 6. To provide for bank stabilization and safety of future uses, the side slopes of the extraction shall be no more steep than five horizontal to one vertical. 7. Sufficient overburden material shall be retained in the area of extraction to grade and construct the banks so they are formed with overburden material rather than sand. 8. The applicant shall submit a restrictive covenant to the Planning Department in a form satisfactory to the County’s legal counsel, prior to the commencement of any sand and gravel extraction operation, providing that no foreign matter, such as rubbish, trees, car bodies, etc., shall be deposited on the application area or within the extraction area. 9. No commercial recreational activities, such as boating, fishing, skiing, etc., shall be permitted in the area, unless duly authorized under provisions of the Unified Zoning Code and amendments thereto. 10. All slopes shall have vegetative covering consisting of a perennial drought-resistant grass or combination of grasses which will permit the establishment of sod cover to help prevent erosion. 11. To minimize blowing soil in this area, overburden shall not be removed more than six months in advance of the lake being expanded into an area, unless the ground is covered within the next planting season with a perennial drought-resistant grass or combination of which will permit the establishment of sod cover to help prevent erosion. As part of the required operational plan, the applicant shall divide the site into 2 distinct areas for the purpose of showing phased excavation over time. The plan would show which area was to be excavated and at what time. 12. The storage of equipment or stockpiling of sand is not permitted closer than within 50 feet of the north, south, and east property lines and 100 feet of west property line. 13. Nothing in the approval of this request shall be construed to permit a contractor’s material and equipment storage yard. Within 60 days after completion of the sand extraction operation, the land surrounding the lake shall be properly graded and planted with a vegetative cover. Also, all stockpiled sand, sand pumping and related equipment shall be removed from the subject site. 14. The approval of the Conditional Use is for a period not to exceed 10 years from the beginning of operation, which shall not exceed 3 years from the date of approval by the MAPC and/or the Board of County Commissioners. Subject operation is to cease after that period of time with all equipment and materials associated with the operation removed from the premises. 15. Hours of operation for the sand extracting business shall be limited to 6:00 a.m. to sunset. 16. All on-site water and sewerage facilities shall be approved by and constructed to the standards of the Wichita- Sedgwick County Health Department. 17. Any water wells needed to operate the facility must comply with the Water Well Construction Standards contained in Article 30 of the Kansas Department of health and Environment rules and regulations. 18. The applicant shall make the site available to the Wichita-Sedgwick County Health Department for the installation and management of groundwater monitoring wells. 19. Any on-site storage of fuels or chemicals must be approved by the Wichita Sedgwick County Health Department. 20. A drainage plan shall be submitted to and approved by the Sedgwick County Bureau of Public Works prior to starting the sand and gravel extraction. All of the area included within the fenced sand extraction operation shall be graded in accordance with the approved drainage plan. Additional requirements, such as a public drainage easement, a floodway reserve, or a covenant authorizing the site for use as a detention storage facility for public drainage purposes, may be required as a condition of approval for the drainage plan. 21. The applicant shall be responsible for maintaining all operational roads in a sand or graveled condition and shall apply water or other acceptable dust retardant to minimize blowing dust. The owner of the property shall be responsible for minimizing blowing dust from the site. 22. The applicant shall obtain and maintain all applicable local, state, and federal permits necessary for the sand and gravel extraction operation. 23. The applicant shall dedicate by separate instrument right-of-way for 53rd Street North and Ridge Road pursuant to Article 7-201(H) of the Wichita-Sedgwick County Subdivision Regulations. 24. The south 705 feet of the access road to 53rd Street North shall be surfaced with ground asphalt. 25. Any violation of the conditions of approval shall declare the Conditional Use null and void. WARREN moved, MICHAELIS seconded the motion. HENTZEN “Now, what have we agreed to on the gate? Where is it going to be?” GAROFALO “Are we talking about the original gate?” HENTZEN “Yeah. It shows on here (indicating) right there,…” KROUT “He is talking about the Ridge Road gate.” HENTZEN “Oh, the Ridge Road gate, okay, I’m sorry.” GAROFALO “Is there any other discussion? Okay, we have a motion to approve, with several amendments.” VOTE ON THE MOTION: The motion carried unanimously with 12 votes in favor. KROUT “Commissioners, that decision is final unless there is a valid, written protest that is filed within 14 days of this decision, in which case it goes on to the County Commission.” --------------------------------------------------------------------------- 6. Case No. CON2000-00018 - Bay Le (Owner), Alma Rivas and Pedro Banuelos (Applicants) request a Conditional Use to allow the sale of used cars on property described as: Lots 118 and 120, Block 4, Orme & Phillips Addition. Generally located at Broadway and Morris (1017 South Broadway). BARRY CARROLL, Planning staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: The applicants are requesting a Conditional Use to permit used car sales on a platted ¼-acre tract of land. They indicate a desire to offer up to 15 vehicles for sale. This property is zoned “LC” Limited Commercial and is located north of Morris, on the westside of South Broadway (see map). Woven wire fencing surrounds the application area. Access to the site is from South Broadway and from an alley located to the west. Currently the site is developed with a two-story building. A jewelry repair shop is located on the first floor with an apartment on the second floor. The jeweler operating the first floor business resides in the upstairs apartment. The occupant will vacate the site should the Conditional Use be approved. The property north of the application is a vacant lot and zoned “LC” Limited Commercial, the property to the south is a residence and it is zoned “LC” Limited Commercial; to the east is a vacant lot and is zoned “LC” Limited Commercial; to the west are residential houses and zoned “MF-18” Multi-Family. Outdoor vehicle and equipment sales in the “LC”, Limited Commercial, district is permitted if: the location is contiguous to a major street; visual screening of areas contiguous to residential zoning is provided; storage and display areas shall be paved with concrete, asphalt or other comparable material; outdoor lighting shall employ cut-off luminaries and shall be mounted at a height not exceeding one-half the distance from the neighboring lot unless evidence is shown that the light source is not visible from the neighboring lot; no noise amplification system projecting human voices or music shall be permitted if the music or voices can be heard within any residential zoning district located within 500 feet of the site; no repair work shall be conducted except in an enclosed building; and no body or fender work is permitted. Code required parking is at the rate of one space per 500 square feet of building area, plus two spaces for the first 10,000 square feet of area used for sales, display and storage, plus one space per 10,000 square feet thereafter. This site contains approximately 4,250 square feet of sales, display and storage area and approximately 900 square feet of building area. Four parking spaces would be required. The applicants are showing four spaces (see site plan). It also appears that there is not much room for landscaping due to existing paving. CASE HISTORY: The current site was platted as the Lee’s Addition in 1882. ADJACENT ZONING AND LAND USE: NORTH: “LC” Limited Commercial Vacant lot EAST: “LC” Limited Commercial Vacant lot SOUTH: “LC” Limited Commercial Residential House WEST: “MF-18” Multi-Family Residential Residential House PUBLIC SERVICES: South Broadway is a four-lane arterial street with estimated traffic volumes of 10,878 trips per day. Water/sewer and other municipal services are provided to the site. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan identifies this property as “commercial.” The plan contains an objective which states: “Confine highway-oriented, auto-related and non-retail commercial uses to a limited number of urban areas, such as portions of Kellogg, Broadway, the CBD fringe, and other similar areas.” There are two car sales lots in the two blocks north and one lot in the same block of the application area. RECOMMENDATION: Based on the information available prior to the public hearing, MAPD staff recommends the application be APPROVED, subject to the following conditions: 1. In addition to uses permitted in the “LC” Limited Commercial district, the site shall be limited to sales of used cars. 2. The vehicle sales lot shall be developed in accordance with the site plan, which shows the location for all spaces that will be used for customer parking and the storage or display of vehicles. The required customer and employee parking shall not be used for the display of vehicles. The applicants shall comply with the Landscape Ordinance. 3. All parking, storage and display areas shall be paved with concrete, asphalt or similar surface. Parking barriers shall be installed along all perimeter boundaries adjacent to streets, except at driveway entrances or where fences are erected, to ensure that parked vehicles so not encroach onto public right-of-way. 4. No portable signs, and no temporary display signs are permitted, including the use of commercial flags, banners, pennants, streamers, pinwheels, string lights, search lights, bunting and balloons. 5. There shall be no use of elevated platforms for the display of vehicles. 6. No noise amplification system projecting human voices or music shall be permitted if the music or voices can be heard within any residential zoning district located within 500 feet of the site. 7. No outside storage of salvaged vehicles or parts shall be permitted in association with this use. 8. Per City Engineering standards, contingent dedication of additional right-of-way shall be granted by separate instrument. The contingency shall be a determination made by the City Engineer that the additional right-of-way is necessary for improvements to Broadway. 9. Any violation of the conditions approved, as a part of this request, shall render the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Most of the area is zoned “LC” Limited Commercial and the adjacent neighborhood to the east is zoned ”MF-29” Multi-Family Residential. The character of the neighborhood is one of mixed zoning, vacant lots, business and residential uses. 2. The suitability of the subject property for the uses to which it has been restricted: This site is currently zoned “LC”, Limited Commercial and is used as jewelry repair shop and residence. Both are permitted uses. Vehicle sales are permitted only by Conditional Use in the “LC” district. The site will retain its zoning whether the request is approved or not. It is possible to continue to use the site as zoned or other retail sales uses permitted by the current zoning would be allowed. 3. Extent to which removal of the restrictions will detrimentally affect nearby property. The adjacent properties to the north, south and east are zoned “LC” Limited Commercial. The property to the west is residential and is zoned “MF-29.” A variety of uses are already permitted on the properties zoned “LC” and “MF-29.” Minimal detrimental effects are anticipated from the proposed Conditional Use recommended for this request. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The Land Use Guide of the Comprehensive Plan identifies this property as “commercial. ”The plan contains an objective which states: “Confine highway-oriented, auto-related and non-retail commercial uses to a limited number of urban areas, such as portions of Kellogg, Broadway, the CBD fringe, and other similar areas.” 5. Impact of the proposed development on community facilities: With approval of this project, the projected impact on community facilities is minimal. CARROLL “This case came before you on June 15. There was considerable discussion about the size of the lot at that time. The case was deferred and the applicant and agent were directed to revise the site plan. The applicant and the agent are both present. The applicant has revised the site plan, and you were given a copy of that. I think it is pretty self- explanatory. If you have any questions, I would be glad to respond.” GAROFALO “Are there any questions of Barry?” LOPEZ “Is there an access point on the west or the south end there? The last time, on the videos, the access was up here (indicating).” CARROLL “There is an alley to the west. This would be the ingress off of Broadway.” LOPEZ “Yeah. Is there one there currently?” CARROLL “Yes, there is a fence, but they are taking out the old fence, so they would come in (indicating) and then exit.” GAROFALO “Are there any other questions of Barry? All right, then we will hear from the applicant.” ALMA RIVAS “Like Barry said, it is pretty self-explanatory. I made a revised site plan so that you could see it and it would be a lot easier. I know that one of the main concerns two weeks ago was parking. Probably the customers would park on the north side of this lot. As you can see, there is more than enough parking for customer parking. Again, we want this to be a really small car lot, so I don’t think parking would be a problem. As you can see here, there is more than enough parking. Earlier, I had said that we are planning on having 10-15 cars in the lot. If you have any questions, I will be glad to answer them.” GAROFALO “Are there any questions of the applicant?” BARFIELD “This address is about halfway down the block; right in the middle of the block?” RIVAS “Yes.” BARFIELD “Isn’t that going to bring quite a bit of traffic through the alley?” RIVAS “No.” BARFIELD “You don’t think so? It says here that it is a one-way. All of the people going in off Broadway will exit through the alley.” RIVAS “Right. Entrance would be through Broadway and exit through the alley. We have gone there several times and I don’t think there is a problem with traffic.” BARFIELD “If your neighbors don’t disagree.” LOPEZ “The used cars that you are going to display, are they going to be in the back part of the lot or up front?” RIVAS “They are going to be along the lot.” LOPEZ “Yeah, behind it, to the back?” RIVAS “Right. Toward the back.” GAROFALO “Are there any other questions of the applicant? Thank you, ma’am. Is there anyone else to speak in favor of this application? Is there anyone to speak in opposition?” GARY HOWARD “I a partner in the law firm of Slape and Howard, which owns the property immediately to the north of the proposed site. The site is from this point (indicating) to this point. As you can see, there is no driveway. The original site plan that was proposed to this Commission two weeks ago said that there would be no ingress off of Broadway whatsoever, other than maybe some parking places. You can see that now there is no driveway, really, in there, other than is blocked to the building. The distance between this sidewalk and this building is so minimal that they are going to have to, in order to get this driveway in, which is now proposed to the south of this building, they are going to have to have street repairs, obviously. I guess that come up under another Commission. I’m not sure. Our position is that this simply is too small of a site. This is a 50-foot wide lot, which is approximately not more than 2 or 3 feet bigger than this room. The proposed now is for ingress only through Broadway and then egress out the alleyway. That alleyway is a buffer between the residential district and the Broadway businesses along that west side of Broadway. There isn’t anything on the site plan letting you know how wide that alley is. That alleyway is a minimal width. I don’t believe that two vehicles could pass each other safely in that alleyway. There are children who play in that alleyway all of the time, ride or whatever. So what we have is a drive-through car lot, I guess, where the only way to get in is to drive in, and you are not supposed to come in from the alley, and obviously you shouldn’t back up onto Broadway. So the only way is to drive all the way through and exit through the alley. I wish somebody would do some studies on the width of the alley and how cars are going to go back and forth across that. I have heard of shade-tree mechanics, but I haven’t heard of shade-tree car lots. That is what this thing is. This thing is no bigger than that. If it is determined that this Conditional Use be granted, two things we very much ask for. One is that originally, at the last hearing, the proponent indicated that they were considering paving that. As you can see from the location of where that fence is and behind the building to the west, none of that is paved at all. It is all vacant ground right now. The plan had indicated that it should be used as asphalt or gravel, or some comparable mixture. The applicant had indicated that she was going to perhaps use some crushed rock. Please don’t let her use crushed rock there. Make it a hard substance where we are not going to have a lot of dust and other items. Also, the application does say no banners. We would also request no banners. Our position is that it is simply way too small to fit a car lot into this location and if the car lot don’t fit, don’t Conditional Use it, is our position. Thank you.” GAROFALO “Are there any questions of the speaker?” PLATT “Sir, where do you park for your office?” HOWARD (Indicating) “This vacant lot here is ours. Behind this building there is parking for us.” PLATT “How do you get to that parking?” HOWARD “Through the alleyway. We also have parking to the north that is a parking lot.” GAROFALO “Is there anyone else to speak in opposition?” CONNER LINDSAY “I live at 1002 South Broadway, which would be across the street from this and down to the corner. I live at the corner of Gilbert and Broadway. We use this residence. We understand that this is a commercial street, but our view is that we have car lots all up and down Broadway. You just let one go in in the next block. This lot is awful small to consider putting in a car lot. You can see that the cars all have to be put in the back. They are not visible from Broadway. We are just concerned if another car lot goes in in our area. Thank you.” GAROFALO “Are there any questions of the speaker? Okay, thank you sir. Next speaker.” DALE SLAPE “I am Gary Howard’s partner. You heard from me last week. I just wanted to clarify one thing. You asked about the parking lot for our building. It was indicated that that is behind our building. That is for our staff. They come in and they leave once or twice a day. When they come in, they come in off of Gilbert to the north and just drive a few feet into the alley and then boom, there they are parked for hours. That is not where our clients park. Our clients park to the north of our building. There is ample parking; there are two driveways there for our clients and for people who come and go constantly all day long to park. So we do have a concern about the alley because it is constantly filled with children. That is a residential area behind us. Whether that is good or bad, we can’t control it. There is where the kids go out to play, running up and down the alley with their trikes. The other concern we have about this car lot is not only that but that the cars are all displayed behind the customer parking. Now the cars will be completely hidden off of Broadway. As I discussed last week with you, the only logical reason to put this thing on Broadway is to make it known that you have cars for sale. To display your product. The only display of the product is going to be through the alley. So you are not just going to have egress through that alley, you are not going to have people pulling in to Broadway, neatly driving through and exiting on the alley, you are going to have them driving up and down this alley from all over Wichita, parking in that alley to see the cars that are exhibited because they sure as heck can’t park on Broadway. That is just going to be a fact of life no matter how many drawings we examine. When people drive up and look at cars, they usually like to drive along and see what is available and park their cars and get out and look. This is just too small for the space, so there will be an infringement upon the property around it, including the alley.” HENTZEN “Is the alley sand or pavement?” SLAPE “It is pavement.” HENTZEN “Is it a one-way or two-way alley?” SLAPE “It is not labeled at all. There is traffic going both directions.” GAROFALO “Are there any other questions of the speaker? Thank you, sir. Next speaker. Lois.” LOIS ANN NEWMAN “Good afternoon Mr. President and members of the Commission. I am the President of the South Central Progressive Association, which is a neighborhood association that covers the area between the Kellogg flyover, Pawnee, Hydraulic, and the river. I can tell you that the neighborhood association agrees with the previous speakers. We are against this car lot. I want to thank you for hearing this Conditional Use for 1017 South Broadway. We in south central Wichita have worked hard to clean up our neighborhood, make it better and safer for our families, businesses, schools and churches. A little over a year ago, former CPO Council III heard a similar case in the 1700 block of South Broadway, across the street from Commerce Bank. The Council was informed that the neighborhood association did not wish south Broadway used as a used car lot street, and the Council voted unanimously with the neighborhood association. However, the MAPC has allowed the car lot. They now place ‘for sale’ signs out on the parking, which is illegal. Today, believe it or not, coming down here was the first time that I missed seeing the parking sign out there. In the past few months, you approved the empty Town and Country building and parking as a used car lot. That is the 900 block on south Broadway. This request for 1017 South Broadway appears to be too small for even a small business and it will need an alley approved to do property care for cars, the lot and the parking space for customers. There is no street parking on South Broadway and none is allowed in the alleys. So let’s be careful what we call progress and not create an item with the decision that creates constant observation and notification to Central Inspection and law enforcement that needs extra enforcement visits. Please deny the Conditional Use. Thank you.” GAROFALO “So are you representing the association?” NEWMAN “Yes. And Conner lives in what is an historic approved house for the City only. If it was a national historic, it would be within 500 feet of this, but it isn’t. Sorry about that.” GAROFALO “Are there any other questions of Lois? Thank you, Lois. Is there anyone else to speak in opposition? Okay, then the applicant has two minutes of rebuttal.” RIVAS “Again, two weeks ago, it seemed that the concern was the parking. I have explained with this other site plan how parking would be taken care of and now it seems that the alley is a problem. That alley can be used. It is public and can be used for the public. Another concern was that people don’t have any room to park to look at the cars. I am hoping that people don’t drive by looking at the cars. We know that is not very safe. That is why the parking will be right here so that they can come in and park their cars and look at the cars that they want. I think you mentioned something about the neighborhood being cleaned up. I don’t see how a car lot is going to mess it up. I think business is a great opportunity. One of the reasons we chose this place is because all of the car lots are right there on Broadway. I can’t have a car lot at my house. I just hope that you take into consideration that all of the parking is there. It is available and I really don’t see how this is going to mess up the community. I read the letter written by somebody that was opposed to it. It is a really nice neighborhood and I truly believe that. We drive by there all of the time, my husband and I, but I don’t see how a car lot is going to mess up the community.” WARREN “You had suggested a limited number of cars that you propose or anticipate. What was that number?” RIVAS “Fifteen to twenty. There is more than enough parking.” WARREN “Would you be agreeable, as a condition of this Conditional Use Permit to limit the number of cars to 15, say?” RIVAS “That would not be a problem.” MICHAELIS “I would just like to ask, for your understanding, because I don’t know if you realize or not that cars don’t turn at right angles like you have shown here. We will say, hypothetically, that you have a car displayed on the north side and one displayed on the south side and you have taken up almost 40 feet of the 50 feet, which gives you a 10 foot lane down there.” RIVAS “They could be lined up diagonally.” MICHAELIS “Okay. What I am getting at is that the way this is presented, and it might have behooved you to have somebody professional to do this to take that in to account. If somebody comes down in the middle here and parks, all of a sudden you’ve got no way out for anybody. I just wanted to note that.” KROUT “I guess I should say that I haven’t seen this drawing before today either, but the Traffic Engineer did review it and work with the applicant on this plan. One of the problems seems to be that this is kind of tight and kind of congested and it does put the traffic onto the alley. When I was sitting here a couple of weeks ago, I was drawing up a plan that would basically have only a drive along the office area. It would have your customer parking instead of two spaces in back of the customer parking, you would have four spaces and then you would draw a line at that point and everything behind that would be display cars. That would allow you to have two ways in and out on Broadway, and it would open up the site. It would push your display cars back so that you would lose about three of the spaces, or five of the spaces, but it would allow for much more typical circulation and open up the area and provide some opportunity for landscaping around the building and the edge of the property on the other side. Is that something that you talked about or considered?” RIVAS “I was actually advised to do it a one-way.” KROUT “You were advised by the Traffic Engineer?” CARROLL “It was suggested, let’s put it that way.” KROUT “Okay.” WARREN “Mr. Chair, I think what Marvin is looking at, and looking at this plan, if you were to take out Site Nos. 16,17 and 18, which if you limited it to 15 you could do, then I think you would have the potential, at least, for egress and ingress off of Broadway.” KROUT “Right.” WARREN “You might still have a secondary opening on the alley. It is unfortunate that we don’t have a professional drawing here, but I am like Marvin, I can see a workable solution to ingress and egress off of Broadway, subject to limiting the number of cars on the lot.” KROUT “I will pass the drawing around that I was talking about.” RIVAS “If I may, just a comment on that. When I first applied for this, I asked if I needed to have a professional do this and I was told that I did not have to. That is why I did not have a professional do it.” OSBORNE-HOWES “Will there be a fence on the west side of the property?” RIVAS “Yes, there is a fence.” OSBORNE-HOWES “Is there a fence there now?” RIVAS “Yes.” BARFIELD “The more I look at this, the more problems I have with it. Let’s face the facts. We won’t be doing the City, the residents in that neighborhood, nor the applicant a favor if we approve this. It simply won’t fit. Now the last question that was asked and answered really raises my concern. If there is a fence on the back of that property, then how in the world is somebody going to see who is coming out if someone is driving through that alley way and someone is wanting