METROPOLITAN AREA PLANNING COMMISSION MINUTES January 23, 2003 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, January 23, 2003, at 1:30 P.M., in the Planning Department Conference Room, 10th floor, City Hall, 455 North Main, Wichita Kansas. The following members were present: Bud Hentzen, Chair; Kerry Coulter, Vice-Chair; Jerry Michaelis; Ron Marnell; Bill Johnson; Frank Garofalo; Ray Warren; James Barfield (late arrival); Don Anderson; David Wells and Elizabeth Bishop. John McKay, Jr.; Harold Warner; and Dorman Blake were not present. Staff members present were: Dale Miller, Secretary; Donna Goltry, Assistant Secretary; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Scott Knebel, Senior Planner; Jess McNeely Associate Planner; Dave Barber, Land Use Supervisor and Rose Simmering, Recording Secretary. -------------------------------------------------------- 1. Approval of MAPC meeting minutes of January 9, 2003. MOTION: Deferred until February 6, 2003. ----------------------------------------------------- 2. Consideration of Subdivision Committee Recommendations 2-1. SUB2002-131 – Final Plat –NORTHRIDGE ADDITION (FORMERLY SAND CREEK ADDITION), located north of 37th Street North and west of Ridge Road. A. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering has approved the drainage plan. City Stormwater Management advises of a possible need for a FEMA Map Revision in addition to permit approval by DWR and the Corps of Engineers. D. The Applicant shall provide for paved access of 37th St. North between the nearest paved segment and the entrance to the subdivision. E. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. F. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. G. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. H. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. I. This property is within a zone identified by the City Engineers' office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers' office. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. S. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-2. SUB2002-133 – Final Plat – WALKER ESTATES ADDITION, located on the southwest corner of 183rd Street West and 29th Street North. A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on- site sewerage facilities. A memorandum shall be obtained specifying approval. Existing lagoons on Lot 5 currently serve homes on Lots 2 and 3. A restrictive covenant will need to be provided that requires removal of the lagoons upon development of Lot 5. B. The site is currently located within the Rural Water District No. 4. The applicant shall contact this water district to determine the ability of this property being platted to connect to their water line and submit a letter to MAPD and County Code Enforcement from the water district to that effect. C. The Subdivision Committee has determined that this access shall be considered as a private drive. The applicant proposes to submit a restrictive covenant limiting the private drive to three lots. County Fire Department has approved the width of the drive and has required an all-weather surface. D. A covenant shall be submitted regarding the private drive which sets forth ownership and maintenance of the private drive, and future reversionary rights to the lots benefiting from the private drive. The plattor's text shall reference the platting of the private drive and shall state which specific lots are to accessed by the private drive. E. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. F. County Engineering requests the expansion of the drainage reserve from sec 0+25 to sec 3+50 (Lot 1) to include all of the property below elevation of 1401.5, to agree with the water surface elevations. From the water surface for sec 9+74 a spillway exists on the east side of the dam up to elevation 1408.9. The drainage reserve needs expanded, from sec 3+50 to sec 10+50, on the north side of the access easement (Lots 1 and 2) to include all of the property below elevation 1409. The drainage reserve needs expanded from sec 13+00 to sec 15+50 to include all property below elevation 1410.0 (Lots 2 and 3). G. The plattor's text shall denote the creation of the floodway reserves in addition to including the standard floodway language. H. The language in the plattor's text regarding the contingent street dedication needs to be revised to replace reference to Lot 5, Block A with Lot 1, Block A. I. The joint access opening shall be established by separate instrument. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument. J. County Engineering requests the contingent dedication of a major intersection right of way along with a 25 x 25-ft corner clip. The contingent dedication shall be referenced in the plattor's text as becoming effective in the event that the appropriate governing body determines a need for the right-of-way for any street-related purposes. The contingent street dedication has been platted as requested. K. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. L. The applicant shall install or guarantee the installation of all utilities and facilities 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.) M. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. N. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. O. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. P. The owner of the subdivision should 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. Q. Perimeter closure computations shall be submitted with the final plat tracing. R. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. S. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. T. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-3. SUB2000-88– Final Plat – RIO VISTA ESTATES FOURTH ADDITION, located on the northwest corner of 61st Street North and Meridian Avenue. A. Prior to this plat being scheduled for City Council review, annexation of the property will need to be completed. Upon annexation, the property will be zoned SF-5, Single-Family Residential and allow for the lot sizes being platted. B. The Applicant shall guarantee the extension of City water and sanitary sewer to serve the lots being platted. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. E. The Applicant shall guarantee the paving of the proposed interior streets. F. The Applicant will submit a petition for the half-street paving of 61st St. North. G. Traffic Engineering has requested a guarantee for a left turn lane on Meridian. H. City Fire Department/GIS needs to comment on the street names. The street names are approved. I. The paving guarantee shall include the installation of a temporary turnaround at the terminus of Richmond at the plat's north line. The plattor's text should be revised to reference Richmond and indicate that the vacation of the temporary turnaround area will be effective upon the extension of the street northward. J. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. K. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. L. The Applicant needs to verify the location of the pipeline easement indicated in the platting binder. The easement shall be shown if encumbering this plat, or verification provided that it is off-site or has been released. M. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. 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. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-4. SUB2002-124– Final Plat – GOD'S COUNTRY ADDITION, located on the northeast corner of 247th Street West and 45th Street North. A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. An approval memorandum has been issued. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. The north/south drainage easements on Lots 5,6,7,and 8 need to be realigned to accommodate driveway locations. A guarantee is needed for drainage improvements. A final drainage plan is needed. D. Two joint openings are proposed along both 45th St. North and 247th St. West. Access controls are approved. E. The applicant shall guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings. F. The Access Management Regulations require a 25-ft x 25-ft corner clip street dedication at the intersection corner. G. Access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) The surface will need to be an all weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed) H. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for the lots fronting on 247th St. West. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. A modification has been approved. I. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-5. SUB2002-129– Final Plat – VAUGHNS' TWO OAKS ADDITION, located north of 79th Street South and on the east side of 119th Street West. A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. Based on the lot sizes being platted, this approval must be for the use of septic systems. B. The site is currently located within the Rural Water District No. 4. The applicant shall contact this water district to determine the ability of this property being platted to connect to their water line and submit a letter to MAPD and County Code Enforcement from the water district to that effect. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. A drainage plan is needed. Terraces on site need to be reflected on the drainage plan. E. Two openings along 119th St. West are proposed, including one joint opening. Access controls are approved. F. The applicant shall guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings. 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. Access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) The surface will need to be an all-weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed). I. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. J. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) K. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. L. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. M. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. N. The owner of the subdivision should 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. S. The applicant will be relocating the utility easement from between Lots 1 and 2, to the south line of Lot 2. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-6. SUB2002-68– Final Plat – PRAIRIE CROSSING ADDITION, located on the south side of Central and west of 151st Street West. A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. Due to the size of the platted lots, approval will be needed for the use of septic systems. B. The site is currently located within the Rural Water District No. 4. The applicant shall contact this water district to determine the ability of this property being platted to connect to their water line and submit a letter to MAPD and County Code Enforcement from the water district to that effect. C. City Water and Sewer Department requests a petition for future extension of sanitary sewer and City water services. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. County Engineering requests that temporary easements shown on the drainage plan be reflected on the plat. F. The Applicant shall submit a restrictive covenant tieing the lots together and limiting each building site to one dwelling unit until the property is annexed by the City of Wichita and municipal water and sanitary sewer services become available. The covenant shall also restrict the location of structures on this plat to avoid interference with the possible future streets, easements and setbacks and limit future development until submittal of a paving petition. G. The plat needs to indicate contingent dedications of street right-of-way for all streets other than Reece Road. On the final plat, the contingent dedications of right-of-way need to be referenced in the plattor's text. H. County Engineering requests complete access control to Reece Rd. from Lot 1, Block 1 and Lot 1, Block 5. I. The applicant shall guarantee the installation of Reece Road. County Public Works has advised that Reece Rd. needs to be installed prior to development of the individual lots. J. The street guarantee shall include the installation of a temporary turnaround at the terminus of Reece Road at the plat's south line. K. The applicant is reminded that this site is located within three miles of the City Limits of Wichita and will be heard by City Council. Therefore, the City Council certification needs to be included on the final plat. L. The County Fire Department/CountyGIS needs to comment on the plat's street names. Jennie Cir and Taylor Cir need revised to Reece Ct. M. The plat shall be revised to reference R2W instead of R1E on the face of the plat. N. Access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) The surface will need to be an all-weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed) O. 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. P. 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.) Q. 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. R. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. S. 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. T. 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. U. Perimeter closure computations shall be submitted with the final plat tracing. V. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. W. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. X. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-7. S/D 98-122– REVISED FINAL Plat – IVY CHRISTINE SECOND ADDITION, located west of Hoover and south of Maple. A. Sanitary sewer is available to serve this site. The Applicant shall guarantee the extension of City water to serve the lots being platted. City Engineering shall comment on the need for any additional guarantees. 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 has approved the drainage plan. 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. 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. F. The applicant shall obtain the northern half of right-of-way for University Circle. G. The applicant shall participate in a petition for the paving of University Circle extending west from Arapaho. H. The joint access opening shall be established by separate instrument. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument. I. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for Lots 2 and 3. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. The waiver is approved. J. The plattor's text needs to be corrected to reference the correct year. K. The signature line for the City Clerk needs to be revised to reference "Pat Graves". L. On the final plat tracing, the MAPC signature block needs to reference "Dale Miller, Secretary". M. On the final plat tracing, the MAPC signature block needs to reference "Bernard A. Hentzen, Chair". N. 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. O. 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. P. 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.) Q. 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. R. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. S. 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. T. 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. U. Perimeter closure computations shall be submitted with the final plat tracing. V. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. W. 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. X. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-8. SUB2002-136– One-Step Final Plat -- FRIENDS UNIVERSITY THIRD ADDITION, located on the north side of Kellogg and east of Meridian. A. Municipal services are available to serve the site. City Engineering needs to comment on the need for guarantees or easements. B. A temporary easement by separate instrument should be submitted to cover the existing water line, sanitary sewer and storm sewer to be relocated unless the utilities are relocated before the plat is recorded. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. A reserve for the pond should be platted. The drainage plan is approved. E. 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. F. The applicant shall guarantee the closure of the street returns for the vacated streets. G. The plattor's text shall note the dedication of the street to and for the use of the public. H. County Surveying requests that the easements be located. I. Provisions shall be made for ownership and maintenance of the proposed reserves. A covenant shall be submitted regarding ownership and maintenance responsibilities. J. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. K. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. L. The 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.) M. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. N. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. O. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. P. The owner of the subdivision should 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. Q. Perimeter closure computations shall be submitted with the final plat tracing. R. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. S. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. T. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-9. SUB2002-139– One-Step Final Plat – WIENS TRACTS ADDITION, located west of Greenwich and on the north side of 109th Street North. A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. B. The site is currently located within the Rural Water District No. 1 which requires a 10-acre minimum lot size. The applicant shall contact this water district to determine the ability of this property being platted to connect to their water line and submit a letter to MAPD and County Code Enforcement from the water district to that effect. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. County Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan needs to address the effect of terraces on development. Terrace arrows show flow to the south rather than to the north. E. Access controls need to be platted along 109th St. North. The opening for Lot 2 shall be located along the east property line. The final plat shall reference the dedication of access controls in the plattor's text. F. The west line of Lot 1 needs to be a solid line. G. Dimensions are needed on the south line of Lots 1 and 2. H. On the final plat, the MAPC signature block needs to reference "Dale Miller, Secretary". I. On the final plat, the MAPC signature block needs to reference "Bernard A. Hentzen, Chair". J. The year "2003" needs to replace "2002" within the signature blocks. K. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. L. Access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) The surface will need to be an all-weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed) M. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. N. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) O. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. P. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Q. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. R. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. U. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Southwestern Bell has requested additional easements. V. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- 2-10. SUB2002-141– One-Step Final Plat – CESSNA ELEMENTARY SCHOOL ADDITION, located south of 45th Street South and east of Meridian. A. Municipal services are available to serve the site. City Engineering needs to comment on the need for guarantees or easements. 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. The applicant will need to connect to the stormwater sewer in Clarence as part of site development. D. This property is within a zone identified by the City Engineers' office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers' office. E. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. 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 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. J. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. K. The owner of the subdivision should 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. MOTION: To approve, subject to staff comments and citing the findings in their report. GAROFALO moved, BISHOP seconded the motion, and it carried (10-0). ---------------------------------------------------------- BARFIELD in at 1:40 p.m. Item 3-1 through 3-3 may be taken in one motion, unless there are questions or comments. 3-1. VAC2002-41 Request to Vacate a Platted Setback, OWNER/APPLICANT: Kevin & Tamara Keen LEGAL DESCRIPTION: The 75-foot platted setback shown the north property line of Lot 1, Block A, Quail Creek Estates Addition . LOCATION: Generally located southwest of the 47th Street South – Greenwich Road intersection, 11005 E 47th Street South. REASON FOR REQUEST: The applicant proposes to build a garage. CURRENT ZONING: Subject property and properties all around are zoned RR Rural Residential. The applicant is requesting consideration for the vacation of the south 15-feet of the platted 75-foot setback, located on the north side of the property (47th Street South frontage) as recorded on Lot 1, Block A, Quail Creek Estates Addition. The request is a 20% reduction of the platted setback that would make the setback 60-feet. This setback ends at its points of intersection with platted 75-foot setbacks on its east and west sides. The applicant proposes to build a garage/barn. The UZC does not allow setbacks to be closer than 100-feet from the centerline of arterial streets; Art III, Sec.III-E. The reduction of the setback to 60-feet does not violate this development standard. The USC allows accessory structures nearer to the front property line than the principal structure when the lot is 5 acres or more in size where the front setback line for accessory structures shall be the same as required for principal structures; Art III, Sec III-E. The applicant's lot is 5 acres. The Quail Creek Estates Addition was recorded with the Register of Deeds 09-08-1994. Based upon information available prior to the public hearings, planning staff recommends approval to vacate the platted setback. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time January 3, 2003, which was at least 20 days prior to this public hearing. 2. That private rights will not be injured or endangered by the vacation of the above-described portion of the platted setback, and the public will not suffer loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be approved. B. Therefore, the vacation of the portion of the platted setback described in the petition should be approved subject to the following conditions: (1) Vacate the south 15-feet of the platted 75-foot setback, located on the north side of the property (47th Street South frontage) as recorded on Lot 1, Block A, Quail Creek Estates Addition. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (3) All improvements shall be according to City Standards. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Vacate the south 15-feet of the platted 75-foot setback, located on the north side of the property (47th Street South frontage) as recorded on Lot 1, Block A, Quail Creek Estates Addition. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (3) All improvements shall be according to City Standards. BILL LONGNECKER, Planning staff presented staff report. KEVIN KEEN, Applicant 11005 E 47th Street South: I built this house two years ago. I want to put a barn/workshop to give my front yard more space. I want to maximize my space with the five acres that I have. GAROFALO Go to the map and point out your house. KEEN Points on the map. GAROFALO Can you give an approximate distance if the setback is left the way that it is? KEEN 15-feet. GAROFALO If we left the setback as is, what would be the distance between the barn/workshop and your house? KEEN It is about 100 feet or more. PATRICIA BERAN, 11700 E. 51st S., DERBY, KS 67037: I oppose this because of the rural atmosphere and the openness of the area that I think will be ruined by moving this building. This is nothing personal. Their yard is beautiful and always well tended. My problem is that in the future the 140 acres that we own east of them, should our children decide to build, in the future, moving this building this much closer to the road--it will give this a less rural look. Most people want an uncluttered look out there. This setting is very nice looking. HENTZEN Is your property on that map? BERAN Shows on map. We are not in view of this property from our home right now. It is strictly what will this look like in the future. JOHNSON What is the setback on Greenwich? LONGNECKER Greenwich and 47th it would be 100-foot from the centerline. JOHNSON The one on the north is 75 foot from the property line? LONGNECKER Yes. JOHNSON So there is actually less setback on Greenwich then there is on 47th Street. LONGNECKER No, there is actually a platted 75-foot setback on the Greenwich Road side also. Three sides of this property have a platted 75-foot setback, only the south side does not have one. JOHNSON Could they build the barn farther east from the house and would it be legal? LONGNECKER As long as they didn't encroach into the platted 75-foot setback. MOTION: To approve as presented. COULTER moved, ANDERSON seconded the motion, and it carried (11-0). -------------------------------------------------- 3-2. VAC2002-42 Request to Vacate a Platted Easement. OWNER/APPLICANT: Walmart Stores Inc. Royal Associates Wichita Inn West Joint Ventures AGENT: Robert Kaplan LEGAL DESCRIPTION: That portion of the platted 20-foot utility easement, as located on the west side of Lot 1, The Landing 2nd Addition. That portion of the platted 10-foot utility easement, as located on the west side of Lot 1, Air Park 3rd Addition. LOCATION: Generally located northwest of the West Kellogg Drive – Julia interchange, 6110 W Kellogg Drive. REASON FOR REQUEST: The applicant proposes to demolish some existing buildings and to expand off of an existing building for a Super Walmart. CURRENT ZONING: Subject property and properties to the west and south are zoned GC General Commercial. Property to the east is zoned LC Limited Commercial and GC General Commercial. Property to the north is zoned SF-5 Single Family Residential. The applicants are requesting consideration for the vacation of the platted 20-foot utility easement as recorded on Lot 1, The Landing 2nd Addition and the platted 10-foot utility easement as recorded on Lot 1, Air Park 3rd Addition. The applicants propose to demolish the existing motel and bar on Lot 1, Air Park 3rd Addition and to expand on the existing Walmart to make it a Super Walmart. This site has CUP overlay on it. A request for an amendment to CUP has been filed. Based upon information available prior to the public hearings, planning staff recommends approval of this request to vacate the platted easements. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time January 2, 2002, which was at least 20 days prior to this public hearing. 2. That private rights will not be injured or endangered by the vacation of the above-described platted easements and the public will not suffer loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be approved. B. Therefore, the vacation of the portion of the easement described in the petition should be approved subject to the following conditions: (1) The applicants provide a guarantee of the abandonment of the sewer in the easement, per the standards of the City of Wichita Public Works Department. (2) The applicants provide Staff with temporary easement(s) to cover the existing sewer/utilities until it/they've been relocated or retain the current easements until the sewer they cover is abandon. (3) Provide Staff with replacement easements to be recorded with the Register of Deeds to cover all the relocated utilities, which must be approved by the Public Works Engineer or the Utility Companies. (4) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (5) All improvements shall be according to City Standards. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) The applicants provide a guarantee of the abandonment of the sewer in the easement, per the standards of the City of Wichita Public Works Department. (2) The applicants provide Staff with temporary easement(s) to cover the existing sewer/utilities until it/they've been relocated or retain the current easements until the sewer they cover is abandon. (3) Provide Staff with replacement easements to be recorded with the Register of Deeds to cover all the relocated utilities, which must be approved by the Public Works Engineer or the Utility Companies. (4) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (5) All improvements shall be according to City Standards. MOTION: To approve, subject to staff comments and citing the findings in their report. WARREN moved, BISHOP seconded the motion, and it carried (11-0). ---------------------------------------------------------- 3-3. VAC2002-43 Request to Vacate Platted Floodways. APPLICANT/OWNER: West Evangelical Free Church c/o Donald Shoesmith LEGAL DESCRIPTION: Two floodway areas as recorded on the plat for Lot 1, Maranatha Addition. LOCATION: Generally located southwest of the 13th Street North– Maize Road intersection, 1161 N Maize Road. REASON FOR REQUEST: To allow for expansion of the church CURRENT ZONING: Subject property and properties to the west, east and south are zoned SF- 5 Single Family. Property to the north is zoned LC Limited Commercial & SF-5 Single Family Residential. The applicant is requesting consideration to vacate the platted floodways located on the southwestern and south central areas of Lot 1, Maranatha Addition. The Maranatha Addition was recorded November 10, 1980. The applicant has met with the City of Wichita Storm Water Management and secured their recommendation for approval of the vacation request. Based upon information available prior to the public hearings, Planning Staff recommends approval to vacate a portion of the platted floodways located on the southwestern and south central areas of Lot 1, Maranatha Addition. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time January 2, 2003, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described platted floodway and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the platted floodway described in the petition should be approved subject to the following conditions: 1. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 2. All improvements shall be according to City Standards. 3. Dedicate joint access between Lot 1, Maranatha Addition and Lot 2, Huntington Park Addition. 4. Dedicate 10-foot of ROW on the east side of Lot 1, Maranatha Addition, to be added to Maize Road. 5. Retain a triangular portion of the southwest corner of the southwest platted floodway, as determined by the Public Works Department. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 2. All improvements shall be according to City Standards. 3. Dedicate joint access between Lot 1, Maranatha Addition and Lot 2, Huntington Park Addition. 4. Dedicate 10-foot of ROW on the east side of Lot 1, Maranatha Addition, to be added to Maize Road. 5. Retain a triangular portion of the southwest corner of the southwest platted floodway, as determined by the Public Works Department. BISHOP I would like to ask for clarification of the action taken at the Subdivision Committee meeting. I had misunderstood the recommendation by the Subdivision Committee, and was under the impression that what the Subdivision Committee decided, was to vacate what is basically the right triangle shaped floodway and retain the left triangle shaped floodway. When I reviewed the material in the staff report in my packet, I see that I was somewhat mistaken. LONGNECKER This vacation request was to vacate the two floodways. Staff recommended that this vacation be approved. The condition that Commissioner Bishop is referring to is No. 5 of the staff report, which states that a triangular portion of the southwest corner of the southwest platted floodway, as determined by Public Works Department, will possibly be retained. The Public Work Department's Vicky Huang and Storm Water Management have agreed that these floodways are no longer needed for the purpose of flood control. However, they both agreed that a portion of the southwestern platted floodway should be retained. That portion to be retained has not yet been determined. It will be determined when the applicant's engineering firm meets with the City and presents a drainage study, which will show, basically, how this site will be built out and how that will effect the runoff. The southwestern platted floodway and the channel in the platted reserve are very close together, and until the drainage study is done, that portion of the floodway to be retained cannot be determined. The applicant has spoken to an engineering firm about the drainage study. BISHOP If the drainage study that is conducted pursuant to our action today should determine that there is a problem with the other floodway would we have any recourse to ask them to retain a portion of that as well? LONGNECKER The procedure on all vacation requests is that after they have been reviewed and a recommendation has been made by the MAPC, they then precede to the Wichita City Council or the Sedgwick County Board of County Commissioners for final approval. If conditions are attached to the vacation case, these conditions must be met before they go to WCC or the BOCC. In this particular vacation case, one of the conditions that must be completed, before final approval by the WCC and subsequent recording of the vacation order, is the drainage study. The drainage study will determine what portion, if any, of the platted floodways will be retained. It could be some time before it goes to WCC because of the drainage study. WARREN Subdivision Committee looked at this and it was all a slam-dunk. We did not see any problem with this plan as we were advised by those with the expertise on the subject about what was needed to be done for the vacation to be completed. MOTION: To approve the request, subject to retaining of the corner of western floodway area. JOHNSON moved, COULTER seconded the motion, and it carried (10-1) BISHOP opposed. ------------------------------------------------------ HENTZEN Anyone here on the Grace Park Addition case? It is not on the Agenda I just want to make sure nobody is here to speak today. WARREN The one on Lincoln? HENTZEN We will just forget about that item for this meeting because there is nobody here today on that Item. HENTZEN Anyone to speak on Items 4, 5, 7, 8, 9? AUDIENCE No. 7, and No. 4 will be pulled for the public to speak. ---------------------------------------------------------- 4. Case No.: ZON2002-66 – Mohammed Agahkhani request a zone change from "SF-5" Single-family Residential to "LI" Limited Industrial on property described as: A tract in the Northeast Quarter of Section 29, Township 26 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, described as beginning 1323.75 feet south of the Northeast corner of Lot 1, in said Northeast Quarter; thence South 330.24 feet; thence West parallel to the north line of said Northeast Quarter 1319.62 feet more or less to the west line of the East Half of said Northeast Quarter; thence North 330.24 feet; thence East 1318.5 feet more or less to the point of beginning. Generally located Northwest of the intersection of 43rd Street North and Webb Road. BACKGROUND: The applicants request a zone change from "SF-5" Single-Family Residential to "LI" Limited Industrial on the approximate 8.5-acre site located southwest of the 45th Street North – Webb Road intersection. The site has frontage on Webb Road. The site is part of approximately 10 unplatted acres, of which the northeast 1.7 acres (465-feet x 160-feet) is zoned "LI". The "LI" property contains a small accessory building. The zoning was granted in 1967 to bring a non-conforming use into compliance. The applicant proposes to develop the subject property, plus the already zoned "LI" 1.7-acres, as an office – manufacturing – warehouse complex for "Ancient Formulas Incorporated", a dietary supplement business. "SF-5" zoning abuts the site on its south, west and north sides. The Webb Acres Addition and the Sun-Air Estates Addition to the south are developed with single- family homes on 9 lots, Ύ - 1½ acres in size. South of these lots are 3 tracts, zoned "SF-5" each over 4 acres, with houses on two of the lots. The rest of the Sun-Air Estates Addition to the west of the site contains 49 lots, 1 Ό - 1 ½ acres in size and developed as single family residential. North of the site are 13 tracts, Ύ acres to 10 acres in size, and developed as single family residential. The property to the east is zoned "RR" Rural Residential on the north half and "LI" on the south half. The "RR" zoned property is actively used for agriculture. The "LI" zoned property is the beginning of Jabara Airport. The Jabara Airport development is the northern edge of an extensive section of land zoned "LI" and developed as an airport, manufacturing, warehouse and office complexes. This development begins on the south side of 43rd Street North, continues south to the 29th Street North – K-96 – Webb Road interchange, goes east to Rock Road south of 37th Street North and east to a point roughly half way between Webb Road and Greenwich. This large, active industrial area is not completely developed. Since the properties to the north, south, west and east have residential zoning, screening and buffer landscaping will be required around the site. The compatibility setback standards will be required around property line unless a Zoning Adjustment is granted by the Planning Director and Zoning Administrator to reduce or waive the compatibility setback. CASE HISTORY: The property is not platted. In the mid-1960's this property and the area around it had its zoning changed because of the extension of the 3-mile Wichita area of zoning influence. As a result of this and the subsequent re-zoning of the property to "R-1" Suburban Residential, a boarding kennel on the property became a non-conforming use. The owners of the property applied for a zoning change of "E" Light Industrial from "R-1" for the area containing the kennel: the 465-feet x 160-feet area on the northeast corner of the site. This change to "E" zoning was to bring the kennel area into compliance, while keeping the rest of the property zoned "R-1". The MAPC recommended denial of the request on 1-26-1967. The BOCC approved the request on 2-15-1967. ADJACENT ZONING AND LAND USE: NORTH: "SF-5" Large lot single family residential SOUTH: "SF-5" Large lot single family residential EAST: "RR" & "LI" Agricultural & Jabara Airport WEST: "SF-5" Large lot single family residential PUBLIC SERVICES: The site has frontage along Webb Road, a paved 2-lane arterial at this location. Public water and sewer service is not available and will have to be extended to the property. Department of Environmental Health does not approve of on site sewage systems in industrial zoning districts. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan identifies this area as appropriate for "Low Density Residential" development. The Comprehensive Plan recommends that "Low Density Residential" development be located away from adverse surrounding land uses, such as major industrial and commercial areas. The site is abutted on its west, north and south sides by large lot single-family residential development, which is conformance to the Comprehensive Plan and likely to remain single-family residential. The industrial zoning and development to the east is across Webb Road and is likely to remain the Jabara Airport's landing and take-off area/air-strips. RECOMMENDATION: Based upon the information available prior to the public hearings, planning staff recommends that the request be DENIED, The Comprehensive Plan does not indicate that an expansion of a small, 17-acre, isolated area zoned "LI" would be appropriate for this area, which is recommended for low-density residential. The 1.7-acre site was to bring a pre-existing use into compliance; that use is no longer on the site and it would be an example of "spot" zoning to expand the existing "LI" zoning. "Spot" zoning singles out a parcel of land for special treatment or privileges not in harmony with the other use classifications in the area and without any apparent circumstances that call for different treatment. "Spot" zoning also departs from the Comprehensive Plan. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The site is abutted by large lot single-family residential development on its north, south and west sides. There is more single-family residential development west of the area and undeveloped "RR" and developed "SF-5" zoning north of the site. All industrial zoning is either approximately Ό mile south of the site, or southeast of the site and on the east side of Webb Road. The exception is the 1.7-acre section of the 10-acre site that was zoned in 1967 to bring a kennel (that was there prior to the re-zoning in the mid-1960's) into conformance. The immediate area is overwhelmingly residential. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property is zoned "SF-5" Single-Family Residential and developed residential. The site's best use is residential. The kennel on the site is gone and so is the reason for the 1967 light industrial zoning. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The zoning change request is totally out of character with the area. An expansion of the existing 1.7-acre "LI" zoning would allow uses that should be located away from residential development. The requested change would thrust an isolated spot of zoning that would allow some of the least restricted activities into an area that is the under zoning subject to the most restrictive 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 area as appropriate for low-density residential development. The request for the "LI" zoning change on the remaining 8.5 acres of the site would introduce uses that should be (but wouldn't be) separated from the existing residential development by open space, water spaces or abrupt changes in topography. The request amounts to an expansion of spot zoning. 4. Impact of the proposed development on community facilities: Impact would be significant. There is no water or sewer available on the site and it would have to be extended to the site. The traffic would go from what is generated by a large single-family lot to a manufacturing facility. This would mean an increase in automobile traffic, as represented by the employees of the proposed business and introduce truck traffic that is not characteristic of low-density residential zoning and development. If, however, the Planning Commission believes this is an appropriate use, staff recommends approval subject to a platting within a year and a Protective Overlay, to minimize the effect of the proposed "LI" zoning. (1) The following uses shall not be permitted: (a) Adult entertainment; microbrewery; liquor store; nightclub; tavern and drinking establishment; multi-game, casino-style gambling facility; pawnshop; tattooing and body piercing. (b) Group residence, limited and general; correctional placement residence, limited and general; correctional facility; day reporting center and drug & alcohol rehabilitation center; Group home, commercial, limited and general; funeral home; personal care service; personal improvement service (c) Asphalt or concrete plant, limited and general; mining or quarrying; oil or gas drilling; rock crushing; solid waste incinerator; gas and fuel storage and sales; wreaking or salvage yard; recycling process center; recycling station private and public; manufacturing general; transfer station; welding or machine shop; agricultural processing and landfill. (d) Vehicle and equipment sales, outdoors; car wash; vehicle repair, limited and general; vehicle storage yard; billboards; wireless communication facility; second hand store; construction sales and service; convenience store; hotel - motel; nurseries and garden center; printing and coping, general and limited; recreation & entertainment, indoor and outdoor; fast food restaurant and restaurant; service station; bank or financial institution; broadcast radio station; funeral home; medical service; hospital; retail general; wholesale or business service; and outdoor storage and self-storage (e) Animal care limited and general and kennel hobby, boarding, breeding and training. (2) Compatibility setback standards shall be implemented as well as screening and landscape buffering, per the Unified Zoning Code and the Landscape Code. (3) No outdoor work, outdoor storage or outdoor display shall be permitted. (4) All buildings shall be designed and built of materials that compliment the residential character of the single-family residential area. (5) No outside amplification systems (6) All outside lighting shall be directed onto the site and be no taller than 15-feet. (7) No structure shall be higher than 35-feet. (8) Private on site sewage system would have to be approved by Environmental Health. A restrictive covenant would be required limiting disposal of waste. No hazardous material or waste would be allowed to be disposed of on site. BILL LONGNECKER, Planning staff. The applicant wants to defer this case until February, 6, 2003. HENTZEN The applicant said they would like to say something. KIM EDGINGTON, AM Consulting Incorporated, agent. We did notify all the people in this entire quarter section that we would be asking for a deferral today and we are asking for a deferral until February 6, 2003. We met on Jan 4, 2003 with the neighbors and we want to continue those meetings. HENTZEN Anyone to speak on this application? MOTION: To defer until February 6, 2003. JOHNSON moved, WARREN seconded the motion, and it carried (11-0). ---------------------------------------------------------- 5. Case No.: ZON2002-71 – Maize Road LLC, Jay Russell, Randy Johnson (development manager) request a zone change from "LC" Limited Commercial to "SF-5" Single-Family Residential SOUTHERN RIDGE DOWN ZONING UNPLATTED TRACT That part of the NE 1/4 of Sec. 6, Twp. 28-S, R-1-W of the 6 th P.M., Sedgwick County, Kansas described as follows: Commencing at the NE corner of said NE 1/4; thence S 89 degrees 57'56"W along the north line of said NE 1/4, 475.00 feet for a point of beginning; thence S 00 degrees 18'18"E parallel with the east line of said NE 1/4, 600.00 feet; thence S 89 degrees 57'56"W parallel with the north line of said NE 1/4, 125.00 feet; thence N 00 degrees 18'18"W parallel with the east line of said NE 1/4, 600.00 feet to a point on the north line of said NE 1/4; thence N 89 degrees 57'56"E along the north line of said NE 1/4, 125.00 feet to the point of beginning. SOUTHERN RIDGE DOWN ZONING LEGAL AS PART OF RECORDED PLAT That part of Lots 11, 12, 13, 14, 29, 30, 31 and 32, Block A, and that part of Atlanta Cir., Westgate Ct., and Pawnee Ave. in Southern Ridge Addition, Wichita, Sedgwick County, Kansas lying east and north of the following described line: Commencing at the NE corner of the NE 1/4 of Sec. 6, Twp. 28-S, R-1-W of the 6 th P.M., Sedgwick County, Kansas; thence S 89 degrees 57'56"W along the north line of said NE 1/4, 600.00 feet for a point of beginning; thence S 00 degrees 18'18"E parallel with the east line of said Block A, 600.00 feet; thence N 89 degrees 57'56"E parallel with the north line of said Block A, 125.00 feet to a point on the east line of said Block A, and there ending. Generally located South of Pawnee and west of Maize Road. BACKGROUND: The applicant requests "SF-5" (Single-Family) zoning on a 1.72-acre site for single-family residential development. The site is part of a larger residential plat, the Southern Ridge Addition, approved by the Wichita City Council on December 17th, 2002. The application area is currently developed with agricultural uses. The site is on the south side of Pawnee, east of the Maize and Pawnee intersection. Property north of the application area is zoned "SF-5" and developed with single-family residences; south and west of the application area is property zoned "SF-5" and platted for single-family residences; east of the application area is the "LC" (Limited Commercial) zoned arterial intersection, also under agricultural use. The proposed zone change, from "LC" to "SF-5," and the proposed development, would require conformance to all property development standards in the Wichita-Sedgwick County Unified Zoning Code (UZC). CASE HISTORY: The application area was recently platted as the Southern Ridge Addition, under subdivision case SUB2002-00055. ADJACENT ZONING AND LAND USE: NORTH: "SF-5" single-family homes SOUTH: "SF-5" agriculture, platted for single-family homes EAST: "LC" agriculture, single-family home WEST: "SF-5" agriculture, platted for single-family homes PUBLIC SERVICES: The site is on the south side of Pawnee, east of the Maize and Pawnee intersection. Pawnee is an unpaved, two-lane section line road at this location. This request is to downzone the application area; traffic generated by "SF-5" uses should be significantly lower than traffic that could be generated by uses permitted under the current "LC" zoning. Improvements to Pawnee have been determined through the platting process. City water and sewer are available at the application area. CONFORMANCE TO PLANS/POLICIES: The "Wichita Land Use Guide, as amended 1/02" of the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies the application area as "commercial", bordering "low density residential". RECOMMENDATION: The applicant wishes to downzone this site for the purpose of single-family residential development, in conformance with an approved plat. The remaining "LC" zoned corner will allow for future commercial development. The requested down zoning is in character with the surrounding area, and consistent with the comprehensive plan for this general area. As this property develops, the Unified Zoning Code property development standards will apply. Based upon information available prior to the public hearings, planning staff recommends that the zone change request be APPROVED. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: All property north, south, and west of the application area is zoned "SF-5" and platted for low-density residential development. The requested zone change and proposed residential development are in character with the surrounding uses. 2. The suitability of the subject property for the uses to which it has been restricted: As the application area has been platted for single-family residential development, the current "LC" zoning would permit single- family use but also allow the possibility of commercial uses in the Southern Ridge residential development, which is not desired by the developer. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed zone change, from "LC" to "SF-5", and the proposed development, would require conformance to all property development standards in the Unified Zoning Code. This zone change, and proposed development, should have no detrimental affect on nearby property. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Comprehensive Plan "Wichita Land Use Guide" designates the application area as "commercial". However, this 125-foot wide site borders land designated for low-density residential development. 5. Impact of the proposed development on community facilities: The requested re-zoning should have no negative impact on community facilities. MOTION: To approve, subject to staff comments and citing the findings in their report. MICHAELIS moved, JOHNSON seconded the motion, and it carried (11-0). ---------------------------------------------------------- 6. Case No.: CON2002-54 – Ernie Doyan (owner/applicant); Ferris Consulting c/o Greg Ferris (agent) request a conditional use to permit vehicle sales on property zoned "LC" Limited Commercial on property described as; Lots 98, 100, 102, 104, 106, and 108 on Lawrence Avenue (now Broadway Avenue), English's 7th Addition to Wichita, Sedgwick County, Kansas. Generally located at the southwest corner of Funston and Broadway. BACKGROUND: The applicant is requesting a Conditional Use to allow outdoor vehicle and equipment sales on a 0.48 acre platted tract located south of Funston and west of Broadway (1801 S. Broadway). The subject property is zoned "LC" Limited Commercial. The northern portion of the subject property is developed with a vacant restaurant building. The southern portion of the subject property is vacant and formerly was developed with two single-family residences that recently have been razed. Outdoor vehicle and equipment sales may be permitted with a Conditional Use in the "LC" Limited Commercial zoning district. The character of the neighborhood is that of mixed-use development consisting of single-family and multi-family residential development and various commercial uses, including numerous vehicle sales lots along the Broadway corridor. The zoning of the properties to the north, south, and east is "LC" Limited Commercial, and the zoning of the properties to the west is "TF-3" Two-Family. The property across Funston to the north is developed with a single-family residence. The property to the south is developed with a restaurant. The properties to the east across Broadway are developed with single-family residences. The properties to the west across the alley also are developed with single-family residences. The applicant has submitted a site plan showing the proposed use of the subject property as a vehicle sales lot. The site plan shows a 900 square foot sales/office building and 13,850 square feet of vehicle display area. The site plan shows eight employee/customer parking spaces, which exceeds the Unified Zoning Code parking requirement by three spaces. The site plan shows a landscaped street yard along Broadway that conforms to size requirements of the Landscape Ordinance; however, due to the substandard setback for the building on the site, a portion of the landscaped street yard must be behind the wall line of the building, which will require a partial landscape waiver by the Planning Director. Also, the two trees shown in the landscape street yard are ornamental trees, which does not meet the two shade trees or four ornamental trees required by the Landscape Ordinance. The site plan shows landscape buffering along the east property line that meets the requirements of the Landscape Ordinance. Since the properties across the alley to the west already have screening fences, the site plan proposes to defer the screening requirement for the vehicle sales lot along the west property line. The site plan shows 30 feet of half-street right-of-way for Broadway, which is 30 feet less than the 60-feet of half-street right-of-way required by the Subdivision Regulations for arterial streets. The site plan shows that the southern-most drive on Broadway will be permanently closed and the northern-most drive on Broadway will be closed with a barrier. The site plan shows that the existing drive on Funston will be closed and replaced with a new two-way approach. No vehicular access will be provided from the site to the unpaved alley. The site plan does not show the proposed location or height of light poles, nor does it show the proposed location and screening method for a trash receptacle. CASE HISTORY: The subject property is platted as part of English's 7th Addition, which was recorded on November 25, 1885. ADJACENT ZONING AND LAND USE: NORTH: "LC" Single-family SOUTH: "LC" Restaurant EAST: "LC" Single family WEST: "TF-3" Single-family PUBLIC SERVICES: This subject property has access to Broadway, a four-lane arterial with current traffic volumes of approximately 11,000 vehicles per day, and Funston, a local street. The 2030 Transportation Plan estimates that traffic volumes on Broadway will remain approximately 11,000 vehicles per day. The proposed development would generate less than 100 trips in the peak hour; therefore, the City's Access Management Policy indicates that the applicant does not need to prepare a traffic impact analysis. Municipal water and sewer services are currently provided to this site. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan identifies the general location as appropriate for "Commercial" development. The Commercial Locational Guidelines of the Comprehensive Plan recommend that commercial sites should be located adjacent to arterials and should have site design features which limit noise, lighting, and other activity from adversely impacting surrounding residential areas. The Commercial Locational Guidelines also recommend that auto-related commercial uses should be guided to cluster in areas such as CBD fringe, segments of Kellogg, and other appropriate areas and streets where these uses may already exist or to locations where traffic patterns, surrounding land uses, and utilities can support these activities. RECOMMENDATION: Based upon information available prior to the public hearing, planning staff recommends that the request be APPROVED, subject to the following conditions: 1. All requirements of Section III.D.6.x. (attached) of the Unified Zoning Code shall be met. 2. The applicant shall submit by separate instrument a contingent dedication of 30 additional feet of street right-of-way along the property's Broadway frontage within 60 days of approval of the Conditional Use by the MAPC or governing body, as applicable. 3. The southern-most access drive to Broadway and the existing access drive to Funston shall be permanently closed, and the applicant shall provide a guarantee for closure of these drives in a form suitable to the City Engineer within 60 days of approval of the Conditional Use by the MAPC or governing body, as applicable. The northern-most drive to Broadway shall be closed with a barrier or gate as long as the property is operated as a vehicle sale lot. The applicant shall dedicate by separate instrument complete access control except for two openings along the property's Broadway frontage within 60 days of approval of the Conditional Use by the MAPC or governing body, as applicable. 4. Parking spaces for employees and customers shall be marked and designated for employees and customers and shall not be used for display of vehicles for sale, unless the vehicle is driven by an employee. The vehicle sales lot shall not be used in conjunction with any use not directly related to such a business unless sufficient parking spaces for such business(es) are provided per a site plan approved by the Planning Director. 5. A landscaped street yard and landscape buffer shall be provided and maintained on the property that shall comply with all requirements of the Landscape Ordinance except that a partial waiver of the landscape requirements to permit the landscaped street yard to be located behind the building wall line may be permitted by the Planning Director. 6. A revised site plan reflecting the conditions of approval (including Section III.D.6.x. of the Unified Zoning Code) and illustrating the location of light poles, including height not to exceed 14 feet, and trash receptacle, including screening method, shall be submitted for approval by the Planning Director within 60 days of approval of the Conditional Use by the MAPC or governing body, as applicable. 7. The site shall be developed in general conformance with the approved site plan and landscape plan. All improvements shown on the approved site plan and landscape plan shall be completed within one year of approval of the Conditional Use by the MAPC or governing body, as applicable. 8. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 9. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. The staff's recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The character of the neighborhood is that of mixed- use development consisting of single-family and multi-family residential development and various commercial uses including vehicle sales. Most of the property along Broadway is zoned "LC" Limited Commercial, with residential zoning limited to areas along the streets east and west of Broadway. The proposed vehicle sales lot is consistent with the zoning, uses, and character of the area. 2. The suitability of the subject property for the uses to which it has been restricted: The property is zoned "LC" Limited Commercial. The property is apparently suitable for commercial uses to which it has been restricted; however, vehicle sales is an established use in the area and can be suitable for the subject property if developed according to the recommended conditions of approval. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Detrimental affects should be minimized by the recommended conditions of approval that would limit lighting, noise, and display area practices from adversely impacting nearby property. 4. Conformance of the requested change to adopted or recognized Plans/Policies: The Land Use Guide of the Comprehensive Plan identifies the general location as appropriate for "Commercial" development. The Commercial Locational Guidelines of the Comprehensive Plan recommend that commercial sites should be located adjacent to arterials and should have site design features which limit noise, lighting, and other activity from adversely impacting surrounding residential areas. This site is located along Broadway, and the recommended conditions of approval have provisions which limit noise, lighting, and other adverse impacts. The Commercial Locational Guidelines also recommend that auto-related commercial uses should be guided to cluster in areas such as CBD fringe, segments of Kellogg, and other appropriate areas and streets where these uses may already exist or to locations where traffic patterns, surrounding land uses, and utilities can support these activities. This site is located along Broadway in an area where auto- related commercial uses already exist. 5. Impact of the proposed development on community facilities: The use of this property should have limited impact on community facilities if the recommended additional street right-of-way and access controls are provided along Broadway. Not providing the recommended additional street right-of-way and access controls may hinder the City's ability to provide a roadway that is of sufficient capacity for future traffic volumes. SCOTT KNEBEL, Planning staff recommends approval subject to conditions. The applicant has indicated to staff that that are in agreement with all conditions except Condition #2 regarding the dedication of additional right-of- way for Broadway. There is a letter from a couple of the neighbors who request several additional conditions. One is requiring a six-foot fence to be installed along the west property line. The applicant indicated to staff that they are agreeable to this additional condition; therefore, staff recommends that the requirement for a fence be added as a condition. The neighbors also request that the site drain to Broadway instead of to the alley. The applicant will be required to do a drainage plan in order to get a paving permit, and this issue will be addressed at that time. There was a request that the lot be well lit, and there is a condition in staff's recommendation to address this. The neighbors also request that the lot not be used for the storage of vehicles by an adjacent pawn shop. Staff did not add a condition to address this because the zoning of the property does not permit vehicle storage. HENTZEN On page 3, under "Public Services" it says that the 2030 Transportation Plan estimates that traffic volumes on Broadway will remain approximately 11,000 vehicles per day. Are you kidding? KNEBEL No. That is what the Transportation Plan calls out. I don't disagree with you, though, that there is a good possibility for a traffic increase, but that is not reflected in the Transportation Plan that the MAPC adopted. GAROFALO If in reference to the storage of vehicles, if that were done on this site after the Conditional Use Permit was issued--and there was some storage of vehicles not for sale--would that be a violation of the Conditional Use Permit? KNEBEL I don't think it would be a violation of the Conditional Use, but it would be a violation of the underlying zoning, because the zoning for a vehicle storage yard is a minimum of General Commercial. GAROFALO Could the Conditional Use Permit be revoked if the owner allowed that happen? KNEBEL I don't think so unless it was a violation of one of the conditions. GAROFALO If it was included as a condition? KNEBEL You could put in a condition that they not have any outdoor storage, and then if they did, it would be a violation of the Conditional Use. BARFIELD Is the pawnshop owned by the applicant? KNEBEL Yes, that is my understanding. GREG FERRIS Mr. Doyan, the applicant, owns the pawnshop. If you would like to add the condition of no outdoor storage you can. We are not allowed to do it anyway. We don't have any problems with any of the conditions except #2 regarding the dedication of the right-of-way. The Public Works Department has no plans to widen this street. Part of the property that we would be dedicating is where the building is located. We just don't think that the Conditional Use process is the appropriate time to require us to dedicate 30 feet of street right-of-way. If the City determines in the future that they need this land, they can offer us a fair price for the land, but to make us give it to you before you allow us to use the land, we believe that it is not appropriate. If we give you that, that much space on this smaller lot, we believe it will limit our use of this property. We agree to add a six-foot fence along the west property line. We want to be good neighbors. The lights are a part of the conditions already. Condition #3 states that the northern-most drive to Broadway shall be closed with a barrier or gate as long as the property is operated as a vehicle sales lot. If you look at the site plan--we have left that open because it provides access our office. We have agreed to close the southern drive. We have agreed to close the Funston Drive and move it away from the alley. So we do not think that it is not necessary for us to put a barrier there. We may do that, but we don't want it to be a condition. We are already giving up an access on Broadway, which is an improvement, and we have torn down some horrible looking buildings. We are going to landscape it, and we will put up a fence. It will look better than it was six months ago. WARREN You want to keep two driveways open on Broadway? FERRIS Yes. WARREN How much right-of-way is now on Broadway? Thirty feet either side of the line? FERRIS I believe they have 30 feet, and they want another 30 feet. GAROFALO I am confused on the driveways. Your site plan shows two on Broadway but now you want to close them? FERRIS (Indicating on the site plan.) We are agreeing to close this driveway and move it away from the alley. We don't have any problem with that. We are agreeing to close one driveway. We are not agreeing to barricade this driveway. BARFIELD How far is that drive from the intersection? FERRIS About 25 feet. It is the drive, however, that would be used if someone wanted to use this later--if this was sold as a separate lot. I thought we could do what staff said regarding barricading the drive, but the applicant did not want to do that. WARREN I think this Access Management policy is working a hardship on many of the older areas, and I think that is wrong in some of these areas. I agree with the applicant. MOTION: Adopt the findings of fact as set out in the staff report and approve the request subject to the conditions recommended by staff, except that Condition #2 regarding the dedication of an additional 30 feet of street right-of-way be deleted, the sentence in Condition #3 regarding closing the northern-most drive to Broadway with a barrier be deleted, a requirement for the six-foot fence on the west property line be added, and a prohibition on the lot being used as a vehicle storage yard be added. WARREN moved, WELLS seconded the motion. KNEBEL The supplementary use regulations of the Zoning Code require vehicle display areas to have a barrier where adjacent to right-of-way, so if the barrier is not provided across that drive adjacent to Broadway then the display area that is shown there cannot be used as a display area. It will have to be left open as a driveway. BISHOP I have several questions. What is the reason for the request for the 30-foot dedication? Is that based on the Access Management policy or was it Public Works that requested it? KNEBEL The Access Management policy and being consistent with the other properties that developed along Broadway. There are no public projects planned. BISHOP Is there room in the policy for perhaps a 20 foot contingent dedication? KNEBEL Certainly. BISHOP Would anything more than ten feet entail going up to the building? KNEBEL A portion of the building is set back less than five feet from the street. BISHOP Is the barrier meant to be in existence all the time and not just when the business is closed? KNEBEL Yes the barrier would be there all the time. VOTE ON MOTION: and it carried (11-0). ---------------------------------------------------------- 7. Case No.: CON2002-52 – John G. Wylie Goshen Christian Center c/o Pastor Larry Barber (contract purchaser) request a Sedgwick County Conditional Use for church on property zoned "RR" Rural Residential on property described as; Commencing at the Northwest corner of said Southwest One-Quarter; thence South 00 degrees 00'00" West (assumed) along the west line of said Southwest One-Quarter for 1989.16 feet to the point of beginning; thence North 89 degrees 38'06" East for 1327.73 feet to the East line of the West one-half of said Southwest One-Quarter; thence South 00 degrees 01'47" East along the East line of said West One- half for 331.03 feet; thence South 89 degrees 36'49" West for 1327.91 feet to the West line of said Southwest One-Quarter; thence North 00 degrees 00'00" East for 331.52 feet to the point of beginning. Subject to existing Road Right of Way. AND A tract of land located in the Southwest Quarter of Section 9, Township 26 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, described as follows: Beginning 1989.16 feet South of the Northwest corner of the Southwest Quarter; thence East 1327.73 feet; thence South 331.03 feet; thence West 1327.91 feet; thence North 331.52 feet to the point of beginning, EXCEPT the West 50 feet for road and except that part deeded to the State for Highway. Generally located at the northeast intersection of K-254 (61st Street North) and Webb Road. BACKGROUND: The applicant is requesting consideration for a Conditional Use to allow a church on property zoned "RR" Rural Residential. The unplatted 11-acre site is located northeast of the 61st Street North and the Webb Road intersection. The applicant proposes to develop the church in three phases and has provided site plans showing these three phases of development. Churches are permitted by right in all residential zoning districts, except the "RR" zoning district where a Conditional Use is required. The site plans' three phases of development for the church shows the initial development of a 13,000-square foot church building with a proposed 500 seats, the proposed parking layout with 81 parking stalls, access to the church and the location of a proposed lagoon. The existing house and garage with its access is also shown. The applicant proposes to use the house and garage for storage and possibly a parsonage. The second phase shows the addition of two 320-square foot wings on the west and east sides and additional parking. The third and final phase shows the addition of a 10,400-square foot extension, located towards the north side of the site and additional parking. The additional parking wraps around the east and west sides of the church and goes towards the north end of the site; towards an existing residence. A landscape area is called out on the site plan, but no details are given. No signage, lights or elevation of the church are shown. The subject property is in Sedgwick County, is outside the 2030 urban service area and outside two small city's zoning area of influence. The site's current use is agricultural and is mixture of wild grasses. The site and the surrounding area is zoned "RR" Rural Residential. There is a 10-acre tract with a residence on it abutting the north end of the site. There are five more 10-acre tracts with residences on them north of the abutting site. The areas to the east and west are being used for crops (west) and cattle (east). South of the site, across 61st Street North/K-254 there is some scattered large lot single-family residences and more agricultural land. CASE HISTORY: The unplatted tract currently has a garage/house on it. ADJACENT ZONING AND LAND USE: NORTH: "RR" Rural Residential Large lot residential & Agriculture EAST: "RR" Rural Residential Agriculture - cattle SOUTH: "RR" Rural Residential Large lot residential & Agriculture WEST: "RR" Rural Residential Agriculture PUBLIC SERVICES: Webb Road north of the 61st Street North/K-254 intersection is an unpaved Payne Township road. Webb Road/K-254 is a 4-lane expressway. The 2030 Transportation Plan shows no change in status for these roads. The traffic count at this intersection is 10,500 average trips per day on 61st Street North/K-254, east and west of the intersection. There is no sewer available for the site. Water available would be well water or a rural water district. Electricity is available for the site. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan identifies this area as Rural. This category encompasses land outside the 30-year Wichita urban service boundary and the small city growth areas. This category is intended to accommodate agricultural uses, rural based uses that are no more offensive than normal agricultural uses and large lot residential uses. The Unified Zoning Code requires a Conditional Use for churches in the "RR" Rural Residential zoning district. RECOMMENDATION: Based on the information available prior to the public hearing, staff recommends the application be APPROVED subject to a platting within a year and with the following conditions. 1. The church will comply with the Sedgwick County standards for water service for the church's use. 2. The surface required for the roads used by the church for access to the site will be asphalt, concrete or a surface approved by Sedgwick Count Code Enforcement Department prior to operations commencing on the site. 3. The surface of the parking lots shall be concrete, asphalt, or an all weather surface as recommended and approved by the Sedgwick County Code Enforcement Department prior to operations commencing on the site. 4. The church will comply with the Sedgwick County and KDHE standards for a lagoon for the church's use prior to operations commencing on the site. 5. Signage shall be one monument type sign, with indirect lighting, no electrical message boards, no taller than 15-feet from the ground level to the top of the sign, shall be no more than 12-square feet in area and made of similar materials as the church. Signage on the church confined to one on the principal south wall of the church, with indirect lighting, no electrical message boards, with individual letters no larger than 2-feet (x) 2-feet. Signage shall be shown on the revised site plan. 6. Landscaping will consist of a 30-foot wide landscape buffer along the north side of the site with evergreen trees, a minimum of 5-feet tall planted every 30-feet. Along the 61st Street North frontage, where the parking lot is located there shall be a 10-foot landscape buffer with trees every 50-feet. Along the east and west side parking lots, running parallel to their west and east sides trees will be planted every 50-feet within a 10-foot landscape buffer. 7. Development shall be substantially in conformance with a revised Site Plan and Landscape Plan. 8. The drive to the garage & house off of Webb Road will be closed when the access to the church is developed. One point of access onto the frontage road on the south side of the church site, full access control on the Webb Road frontage, both to shown on the plat. 9. Pole lighting shall be no taller than 15-feet in height and shall be directed onto the church property and away form the residence on the site's north side. 10. The church shall agree to hook up to water and sewer when these services become available. 11. After a review of the development and upon appropriate findings, any violation of the conditions of approval will allow the Conditional Use to be declared null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood. The applicant's site and the surrounding area is zoned "RR' Rural Residential. The immediate surrounding area is developed as agricultural with scattered single-family residence. 2. The suitability of the subject property for the uses to which it has been restricted: The site is agricultural in character with the approximately 11-acres in wild grasses and/or crops. The site could continue to be used as it is or developed as residential with well and a lagoon. Because there are no plans for water and sewer service to be provided to this area large lot residential subdivisions are unlikely at this time or in the future. 3. Extent to which removal of the restrictions will detrimentally affect nearby property. Any detrimental affects would be mitigated by the recommended condition of approval and code required development standards. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The Comprehensive Plan identifies the best use for this area as agricultural or similar compatible land use, which a church could be with the conditions required for this request. The request for a church on "RR" Rural Residential zoning is a Conditional Use per the Unified Zoning Code. 5. Impact of the proposed development on community facilities: The impact of this development on the community facilities will be significant. There will be increase in traffic on the site that will require paving of the frontage road up to the entrance into the church and that portion of Webb where it comes off of 61st Street North and intersects the frontage road. BILL LONGNECKER, Planning staff presented the staff report. There has been a protest petition received and this application will go to the County Commission. DON FOLGER J. & ASSOCIATES, 234 S Topeka, Wichita, KS 67202, Agent. What I wanted to do was explain what this church is doing now at their current site and what they propose to do at this site. This church is averaging around 100 to 150 people where they are currently located in Wichita. They don't know how big they are going to grow to, but they needed to present a proposed development plan to apply for the Conditional Use. The first phase has a building that will house 300 people and could eventually grow to a building size of around 10,000 square feet. They don't know how long it will take for them to grow to the point before they need the 10,000 square-foot building. The other issue is the house and garage, which is where they will probably have the Associate Pastor live, when the church is completed. Until then, they will possibly rent the building out. Condition #8 talks about the drive to the garage and house off of Webb Road being closed when the access to the church is developed. There is, as proposed, one point of access onto the frontage road on the south side of the church site with full access control on the Webb Road frontage, both requirements to be shown on the plat. This is an inconvenience. We would like to use the access onto Webb for the house and garage until the church site is developed. At that time we would close the access onto Webb for the house and have its access off the south frontage road and through the church site. The only other issues are the related to being in conformance with this current design, which could change due to location of the lagoon and design changes. There could be issues during the platting in placing where the proposed lagoon would be. This whole building could move to the west where the lagoon is probably going to be. Because of these uncertainties, we could possibly need to be able to modify this site plan. WARREN Likely the final site plan will be later with the preliminary plat. FOLGER Yes, at platting we should have a better site plan. WARREN If we deleted this requirement of the site plan you would have it at the time of platting. FOLGER Yes. BISHOP What is the source of water for the church? LONGNECKER Well water. FOLGER They will not be able to sprinkle the building. VICKI CHRISTIANSEN, 6400 N. Webb Rd, Wichita KS 67226. I am right next to the building that is suppose to be out there. I have lived here 18 years. When Mr. Wiley bought the 20 acres, he built this current building, which was supposed to be for his business. Mr. Wiley sold the house and tried to sell the property. Everybody out there wants to be in the country. There are churches all over the place. So everybody has been living out there for 18 or more years. We have enough churches out there. It is peaceful and quiet, and we don't want the traffic out there. It is just country living out there. I have two lots out there. MICHAELIS Are you on well water? CHRISTIANSEN No, it is rural water. BARFIELD Is farming taking place out there. CHRISTIANSEN I know Butch farms out there all summer long. It is busy out there with the tractors and hay trucks. RAY MATTICKS, 6320 N. Webb Road, Wichita, KS 67226 My property is just north of the church. I am concerned about the traffic that will be crossing Webb Road. I am also concerned about the smell of the lagoons, and the privacy that we have out there. My wife and I bought the Wiley's house about a year ago because we wanted to live in a rural sitting. That is rural water right now we have good pressure, but we probably will not have it if the church is built and uses the rural water lines. This is not very good place for this church. DON FOLGER I just wanted to touch why this site was chosen. The site was on the market. K-254 is expanding, and being right here on the corner of Webb and K-254 will be a good location. In terms of the residential versus the use of farming--the ten-acre lots on the north will abut the church. The cattle farming to the east would abut the west side of the church property. The farming would face 254 and it would have more farm land to its back to the north. Landscaping on the church's north property line should help buffer the residential on that side. We didn't want to help with the paving of the road, but we understand how that improvement is needed for the activity on the site. Most of the issues are being address and we are willing to work with the staff. MOTION: To deny based on the land use being extremely rural in nature at this time and the lack of public services available at this time. BISHOP moved. MOTION dies no second. MOTION: To approve subject to the staff comments with the following modification on Item #8 that that as long as that portion of the property where the house and garage is located is operated as a residence and not as part of the church itself or some facility associated with the church that the drive would remain open, but if it shifts from being single family residential property the drive would be closed. MARNELL moved, BARFIELD seconded the motion. WARREN I have a question of the motion maker. On Item #7 it says development shall be substantially in conformance with the Site Plan and Landscape Plan. The agent did state that the site plan may change and that we delete that requirement and then make it resurface at the final plat stage. MARNELL I have no problem modifying Condition #7 since it is going to come up at plat anyway. LONGNECKER The language in the Condition #7 refers to a revised site and landscape plan, which would allow the applicant to make any necessary changes. I don't think we need to modify or deleted Condition #7, because its language does not tie the applicant to this site plan, but allows for modification. WARREN Ok, I agree Condition #7 does not tie the applicant to this site plan and allows for changes, so Condition #7 stays. VOTE ON MOTION: and it carried (10-1) BISHOP opposed. ---------------------------------------------------------- 8a. Case No.: CUP2002-53 DP95 Amendment #3 (Associated with ZON2002-64) New Song Academy (owner); Baughman Company P.A., (Terry Smythe), John T. Arnold Associates (Don Arnold Jr.) (agents) request an Amendment to The Fantasea Community Unit Plan on property described as; AND 8b. Case No.: ZON2002-64 (Associated with CUP2002-53 DP95 Amendment #3) - New Song Academy (owner); Baughman Company P.A., (Terry Smythe), John T. Arnold Associates (Don Arnold Jr.) (agents) request a zone change from "MF-18" Multi-family Residential to "GO" General Office on property described as; Lot 2, Block 1, Fantasea II, an Addition to Wichita, Sedgwick County, Kansas. Generally located North of 32nd Street North and east of Rushwood. BACKGROUND: The applicant requests a zone change from "MF-18" to "GO" on a 2.75 acre platted site located north of 32nd Street North and east of Rushwood. The zone change application area is Tract 2 of Parcel C, DP 95. The applicant proposes to develop the subject property with general office uses, subject to restrictions within the existing DP 95 (see attached). The existing CUP limits the application area to a maximum of 33 multi-family dwelling units, 30% maximum building coverage, and 35-foot building height. The applicant also requests an amendment to DP 95 Parcel C (4.48 acres - Tract 1 and 2) to allow for General Office uses on Tract 2, with the exception of 28 uses that may be considered more intense than those allowed by the current CUP, or may be considered out of character with the surrounding area. See attached exhibits for existing text and the applicant's proposed changes for Parcel C. The surrounding area is characterized by nearby public and private schools, single and multi-family residential development, and some vacant property, all near K96. The application areas, and the properties to the north and east, are a part of DP 95. North of the site is "GC" zoned property, owned by the YMCA, and developed with a large detention pond; further north is K96. South of the application area, across 32nd Street North, is an "SF-5" zoned elementary school and single-family development. The properties east of the site are zoned "MF-18"; immediately east of the site is an undeveloped property, further east are multi-family developments. West of the application area is the "MF-18" zoned New Song Academy. Further west lies the "GC" zoned YMCA, and the Home Depot store at the Woodlawn intersection. CASE HISTORY: The application area was platted as Parcel C, Tracts 1 and 2, of the Fantasea II Addition in 1986. The application area is under DP 95 (Fantasea Community Unit Plan). ADJACENT ZONING AND LAND USE: NORTH: "GC" detention pond SOUTH: "SF-5" elementary school EAST: "MF-18" vacant, multi-family housing WEST: "MF-18", "GC" private school, YMCA, Home Depot PUBLIC SERVICES: 32nd Street North is a two-lane, paved collector with a 70-foot right of way at the application area; however, the paving width is currently only 20 feet. DP 95 grants two points of access onto 32nd from Parcel C (Tracts 1 and 2). Tract One, developed with a private school, already has two points of access. The school has a total of four points of access; two more exist on Parcel B with complete cross-lot circulation. The applicant is not requesting an amendment to the CUP access controls. Therefore, the private school will be required to give up one access point on Tract 1 of Parcel C in order to grant one opening to the application area - Tract 2 of Parcel C. This section of 32nd Street North had a March 2002 traffic count of 1,540 ADTs, which is low for a designated collector. 32nd Street North is not signalized at Woodlawn or Rock, and these intersections experience congestion. Be