METROPOLITAN AREA PLANNING COMMISSION MINUTES June 10, 2004 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, June 10, 2004 at 12:30 P.M., in the Planning Department Conference Room, 10th floor, City Hall, 455 North Main, Wichita Kansas. The following members were present: Ronald Marnell, Chair; Morris K. Dunlap, Vice-Chair; James Barfield; Darrell Downing; John W. McKay Jr. (In @ 1:04); Gary K. Gibbs; Bud Hentzen; M.S. Mitchell; Harold Warner Jr.; Denise Sherman and Frank Garofalo. Bob Hernandez, Elizabeth Bishop and Bill Johnson were not present. Staff members present were: Dale Miller, Current Plans Supervisor; Donna Goltry, Principal Planner; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Scott Knebel, Senior Planner; Jamsheed Mehta, Transportation Supervisor; and Rose Simmering, Recording Secretary. -------------------------------------------------- ? PLANNING COMMISSION ITEMS 1. Briefing on the moratorium on off-site signs, presentation by Kurt Schroeder. Recommendations: Provide the City Council with input on off-site billboard regulation. Background: Recently, several large off-site billboard signs have been legally permitted and erected in locations that have generated a significant number of citizen and neighborhood association complaints and concerns. These signs were near residential areas and surrounded by commercial and office development that was also controlled by zoning protective overlays such as Community Unit Plans and/or Planned Unit Developments (further restricting underlying zoning for both allowed uses and aesthetics). Permit approvals were granted based on compliance with all Sign and Zoning Code requirements controlling the placement and location of off-site billboard signs. Due to the number of complaints received about the above-referenced billboard signs, the City Council passed a four-month "MORATORIUM ON THE PROCESSING OF CERTAIN OFF-SITE SIGN PERMITS" (see attached) at its May 4, 2004 Council meeting. The 4-month moratorium allows time to conduct a study of billboard sign regulations, to obtain public comment on current or proposed billboard sign regulations, and to develop and adopt any appropriate Sign or Zoning Code amendments relating to off- site billboard signs. On May 4, Council also directed staff to: (1) prepare a workshop agenda item for May 25, 2004; (2) present the issues to DABs as soon as possible to receive their input; and (3) return to City Council in a subsequent workshop prior to drafting proposed new Sign and/or Zoning Code regulations for formal Metropolitan Area Planning Commission review/recommendation and final City Council approval. Analysis: There are approximately 300 existing off-site billboard signs located within Wichita. A significant number of these signs are 25-30+ years old. Many of these signs were on lots annexed into the City over the past 30 years, and were installed in the County when there were no County off-site sign regulations. Many existing billboard signs are therefore "legally non-conforming" to current City standards/regulations. On May 25, 2004, staff presented a summary of billboard regulation/issues and current billboard status/locations to the City Council in a Council workshop. During the workshop presentation, the Council directed staff to present similar information to the DABs, and to obtain input about off-site billboard regulation, along with any general suggestions for amendments to current Sign Code or Zoning Code requirements. A "Summary of Off-Site Billboard Regulations" is attached for DAB review. Recommendation/Actions: It is recommended that the MAPC provide input about off-site billboard regulation for City Council review. June 4, 2004 Summary of Off-Site Billboard Regulations Zoning Classification Requirements Zoning classification where allowed: "LC" Limited Commercial, "GC" General Commercial, "LI Limited Industrial" or "GI General Industrial". Zoning overlay restrictions per UZC: - Not allowed by UZC in approved CUPs. - May be allowed in zoning POs associated with a rezoning request, depending on approved conditions or general requirements. - May be allowed in approved PUDs depending on approved conditions or general requirements. - Allowed in Delano Overlay District with design review approval. - Allowed in Old Town Overlay to advertise overlay district businesses/events. - Airport Overlay Hazard Areas may restrict certain locations near airports. Other potential overlay restrictions: - Since these signs are considered structures, flood hazard zones may also restrict certain locations. - Historic districts and required historic environs reviews may also restrict certain locations. Sign Code - Allowed Size and Height Maximum sign face size: 825 square ft. including allowed extensions outside rectangular sign face. Max. sign face rectangular dimension: 48' wide by 14' high (672 square ft.). Max. sign height above grade: 30 ft. Exceptions to height: Top of sign may be 14' above rail/barrier of an adjacent elevated roadway/highway (or up to 20' with zoning administrative adjustment). Bottom of sign may be 8' above a roof or roof parapet of single story building when the sign is located within three ft. of a building, or if the sign is cantilevered over the building (top of sign may not be higher than 26' above the roof or parapet). Sign Code - Prohibited Locations ? No closer than 660' from the sign to the bank lines of the Big or Little Arkansas Rivers. ? No closer than 660' K-96 Highway right-of-way from I-135 to the east City limits. Sign Code Prohibited Locations – Continued ? No closer than 660' from the sign to any park or recreation area under the jurisdiction of any public body including the Board of Park Commissioners of the City of Wichita. ? No closer than 330' from any other off-site billboard sign facing the same direction of travel along the same street frontage (measured from points at street that are perpendicular to the center of each sign). ? Within required minimum building zoning district classification or platted setbacks for the zoning lot on which the sign is located (whichever is greater). ? Mounted on the roof of a building. ? If erected on "GC", "LI" or "GI" zoning lot, no closer than 50' from the sign to a residential structure (primary or accessory structure). If erected on an "LC" zoning lot, no closer 150' (measured perpendicular to the sign face) or no closer than 75' (measured parallel to the sign face) to a residential structure (primary of accessory structure; the perpendicular measurement shall extend forty-five degrees to either side of the perpendicular line. ? No off-site sign shall be located on any "LC" zoning lot that is not part of at least 300' continuous linear feet of commercial or industrial zoning ("continuous" is measured with lot zoning extended to street centerline). Sign Code – Maximum Number in Mile Notes: A mile section is the approximate mile between arterial mile line roads. For purposes of measurement and maximum number of of-site signs allowed within a given mile, only those signs that face the direction of travel are counted. LC zoning shall not be considered for linear measurement purposes unless the LC zoning is adjacent to an arterial street or expressway. When located on LC lots: At least 1,500 linear feet of commercial or industrial zoning within the mile to get the first off-site sign on an "LC" zoned lot (NOTE: While off-site signs are NOT allowed in CUPs, underlying zoning within CUP is counted in the minimum linear zoning calculation). When at least 3,000 linear feet of commercial or industrial zoning within the mile, a second off-site sign on an "LC" zoned lot may be approved (NOTE: While off-site signs are NOT allowed in CUPs, underlying zoning within CUP is counted in the minimum linear zoning calculation). When at least 4,500 linear feet of commercial or industrial zoning within the mile, a third off-site sign on an "LC" zoned lot may be approved (NOTE: While off-site signs are NOT allowed in CUPs, underlying zoning within CUP is counted in the minimum linear zoning calculation). When located on GC, LI or GI lots: No more than one off-site sign facing a direction of travel for each 500 linear feet of street having GC, LI or GI zoning adjacent thereto. No more than five in a mile for adjacent GC or LI zoning, and no more than eight in a mile for GI zoning. KURT A. SCHROEDER, SUPERINTENDENT OF CENTRAL INSPECTION presented a report. WARNER Is there any notice requirement now for a new sign? For example, the one that is at 21st and Webb, did they have to notify anybody or do you just come in and get the permit and put the sign up? SCHROEDER That is right. There is no notification provided they meet all the Sign Code requirements and the zoning requirements. They come get a permit and get approved, and it can be erected. GAROFALO The complaint out there on Tyler Road and 21st Street; is that the complaint that precipitated this moratorium? SCHROEDER Yes, 21st and Tyler Road was significant. GAROFALO Is that zoned "LC" Limited Commercial? SCHROEDER Yes, that is on a "LC" Limited Commercial lot, but it is not in an overlay of any kind, no Community Unit Plan or Protective Overlay. GAROFALO How close is that to residential? SCHROEDER A few 100 feet I think. That is near that Reflection Ridge office park development there. KNEBEL It is probably only 200-300 feet. The residential zoning is a golf course. As far as residences, probably the closest would be the apartment on the south side of the street. BARFIELD How particular is it to limit the number of signs to 300 square feet when we are annexing areas into the City that might already have existing signs? SCHROEDER I think the way that would be, if we annexed it, that would be considered legally non-conforming. So that is probably the only way in the scenario that the number would increase. GIBBS Are these legally non-conforming older signs? Are they exempt or grandfathered from the current regulations? SCHROEDER Yes they are unless they are totally removed to be replaced or damaged from a storm that blows them off of their base; then they would have to be rebuilt to the new standard. If they were not in the right zoning or something, then they would have to go through a process to get zoning and all those things. SHERMAN Are the majority of the new signs the larger signs or smaller signs? SCHROEDER Most of the new signs are the standard bigger billboards. SHERMAN That is the one that can be up to the 800? SCHROEDER But the panel basically is the 14X48. SHERMAN When you say they can have extension, what is the extension? SCHROEDER You might see like someone draws a cowboy with a lasso and maybe that is projected above that rectangle or out to the side a couple of feet, we measure all that in. SHERMAN Are the majority of the new signs that are larger, are they within residential areas or are they mainly highway, or closer to a main artery or similar to what is on 21st and Tyler? SCHROEDER On this map, all these yellows dots are the existing locations of billboard signs, and probably about a 1/3 of those are junior to smaller size. Along north Broadway, there are a lot of them there in the heavy industrial. On Kellogg there are a whole bunch of them there, downtown, I-235, etc. Probably what generated a lot of the complaint is because this was kind of an unusual location at 21st and Tyler, and 21st and Webb. There aren't a lot like that. DUNLAP I owned a sign company, and I was deeply involved in writing the current Sign Code. Joe Lang, do we run into a potential challenge on the first amendment rights on a moratorium on signage? JOE LANG, LAW DEPARTMENT No, as long as we are not doing the moratorium or making a designation based upon the content on the signs. All signs are being treated the same regardless what they say. DUNLAP The rewrite of the code, this is not the proper venue for doing that. I don't think the City Council has given proper direction to you. You can't get a code rewrite of this magnitude from an organization like this that knows nothing about the Sign Code or from a District Advisory Board because there are so many varieties and incremental areas in it, such as a lasso that might be above, and how do you calculate that. Then we look at the Board of Zoning Appeals, and what they used to do in terms of allowing these boards. You have an economic development element that is pretty major because, for example, at the time that it started there was a 3 foot X 3 foot piece of ground leased for a sign that drew $16,000 a month just for that 3 foot X 3 foot piece of ground. That happens to be at Rock Road and Kellogg. These 14 X 48 signs cannot be automatically reduced to the junior billboard signs because Winston cigarettes won't pay for that. They just won't be in our market. You can't just automatically say we won't allow a big sign because what you are saying is we won't allow that business to continue at that point. In the future, I don't think you are going to find an eager body of sign people willing to take one down for every one they put up. But I would say that during the last rewrite of the code one of our sign companies here in town evolved into another company called Clear Channel. They elected to, and offered to, and did take down a large number signs along the river. You mentioned another organization that might look at signs on an individual basis, and that does work. One city is Tulsa. They have a Sign Board and then the argument becomes who is on the board. It is a method that does work, and that might be implied as a separate element in our code for billboards. Their responsibility is not to look at the zoning code, but look at what is reasonable. A lighted billboard that shines on somebody's backyard at 9:00 p.m. in January…but our current Code says they can leave it on at 11:00 p.m. That is not reasonable, and a Sign Board should be able to look at things like that. My recommendation to the City Council is that it is probably time for a review of the Sign Code in total. MARNELL The one for one idea, I think is a bad business idea because it goes against competition, and it protects incumbents, and I think that is the wrong posture that the City should be in. HENTZEN Does this apply to the County or just the City? SCHROEDER This is just the City. HENTZEN In traveling, some of these signs on the highway need some pretty good size signs before you get right downtown. When looking for an Applebee's or Cracker Barrel we would like to know where it is before we slow down or not, because you go out of your way. I believe the City is trying to figure out how to get travelers to come through Wichita but if they can't find there way around, and we don't let the entrepreneur put up the right information, we are just working against the visitors, and I don't think we should do that. I would concur with Commissioner Dunlap to the entire Sign Code being reviewed. DUNLAP There are three codes that you are looking at; the City Code and it is overlaid by the Federal Highway Code, and then another code that was adopted by the County which is kind of a general code, and not nearly as restrictive in some areas, and in some areas it is more restrictive. GAROFALO I think what Mr. Dunlap said makes a lot of sense to me, that you can't piecemeal the changes. I don't think you probably need to look at the entire Sign Code, but see what appropriate changes could be made. -------------------------------------------------- 2. Approval of April 22, 2004, May 6, 2004 and May 20, 2004 meeting minutes. MOTION: To approve April 22, 2004, May 6, 2004 and May 20, 2004 meeting minutes with one minor correction to May 20, 2004 minutes on page 31, and noted to Recording Secretary prior to meeting. MARNELL moved, WARNER seconded the motion, and it carried (11-0). -------------------------------------------------- ? TRANSPORTATION ITEMS Metropolitan Planning Organization (MPO) 3. Amendment to the 2004-2008 Transportation Improvement Program (TIP). JAMSHEED MEHTA, TRANSPORTATION SUPERVISOR presented report. Planning Staff is requesting an update to the 2004 Transportation Improvement Program (TIP) to reflect changes to the attached projects. KDOT is requesting revisions to certain projects and we are amending the TIP to facilitate KDOT and the FHWA/FTA in their programming. There is a new bridge project that needs to be amended into the TIP and changes to existing projects are mainly in budget or funding year. The Transportation Improvement Program (TIP) is the MPO's document identifying all significant transportation projects for the next five years throughout Sedgwick County. Federal regulations require that projects using federal funds must be prioritized and programmed in this TIP document by the MPO. The MPO is required to update and submit the five-year transportation program to the Kansas Department of Transportation (KDOT) when there are changes to the program. The timing of this submittal is essential in order to obligate federal funds to the Wichita area projects. Recommendation: Amend the Transportation Improvement Program 2004-2008 as presented and authorize the Chairman to sign on behalf of the MPO. DUNLAP Under the FFY-2005 the three projects Central Street: Oliver to Woodlawn, Woodlawn to Rock and Brookside, am I understanding you right that we will be working on those streets in 2005? MEHTA Correct, the physical year 2005 actually begins in October this year into September next year. DUNLAP These were not in the program before? MEHTA Oliver to Woodlawn was last year and it didn't happen, they held it back. Woodlawn to Rock was supposed to be a year or two later, it was in 2006, and they brought it to match up the other Central projects so they can do the two project in the intervening year instead of being two years apart. DUNLAP You are aware what they just did down on Kellogg and now we are going to tear up Central at the same time, I don't think that is good. It seems reasonable to delay this for one more year, in this same area until they get Kellogg fixed. MEHTA I wouldn't be surprised if that happens. MITCHELL On Item 3, which is project B20, the Brookside location the description is to rehabilitate, do you know why it is rehabilitate rather than reconstruct? It was my understanding that structure would be made larger. MEHTA Yes it is part of the street project but the kind of funding we are probably using in the bridge section only pays for the rehab portion of it so it is a combination of Bridge Funds, STP Funds, and General funds. I know this could be misleading, it is a significant rebuilding of that project. MITCHELL Also, that is east branch of Dry Creek, west branch of Gypsum Creek is the one over between Woodlawn and Rock. METHA That was half our problem trying to figure which Creek it was. BARFIELD On the last one on that page, you said there was $1 million grant that was provided for a study, is that all federal money? MEHTA Yes, that is all federal funds. MOTION: To amend the Transportation Improvement Program 2004-2008 as presented and authorize the Chairman to sign on behalf of the MPO. MARNELL moved, GAROFALO seconded the motion, and it carried (11-0). --------------------------------------------------- 4. Amendment to the 2004 Unified Planning Work Program (UPWP). JAMSHEED MEHTA TRANSPORTATION SUPERVISOR presented report. The Unified Planning Work Program (UPWP) is an MPO document that identifies work activities and projects that meet the local/ regional transportation planning needs. The UPWP also identifies funding sources, including federal and state funds available for planning purposes. As per KDOT directive, planning staff is requesting a minor amendment to the FY 2004 UPWP to acknowledge the $1 million congressional grant awarded with the 2004 federal transportation authorization bill. The congressional earmark of $1 million has been approved for the City of Wichita and the Kansas World Trade Center to jointly conduct a feasibility study and work plan for implementing an International Trade Processing Center in the Wichita area. This effort would compliment other cooperative work efforts between the City, Sedgwick County, the North America International Trade Corridor Partnership (NAITCP-USA), the Regional Economic Area Partnership (REAP), and the Kansas World Trade Center to further the State and local efforts to promote economic development and expanded international trade opportunities that would translate into significant jobs for the region and for the State of Kansas. Recommendation: Amend the FY 2004 Unified Planning Work Program as presented and authorize the Chairman to sign on behalf of the MPO. MOTION: Amend the FY2004 Unified Planning Work Program as presented and authorize the Chairman to sign on behalf of the MPO. MARNELL moved, GAROFALO seconded the motion, and it carried (11-0). --------------------------------------------------- 5. Agreement between MPO and KDOT regarding financial participation in the South Area Transportation Study. JAMSHEED MEHTA, TRANSPORTATION SUPERVISOR presented report. The attached agreement is between the Kansas Department of Transportation (KDOT) and the Wichita-Sedgwick County MPO identifying the funding sources, roles and responsibilities in implementing the South Area Transportation Study (SATS). Background: The 2030 Transportation Plan recommended a transportation mobility needs study for the southeast quadrant of the metropolitan region. In 2000, Sedgwick County Commissioner Sciortino held a special meeting of stakeholders from the MPO, KDOT, KTA, Sedgwick County, and the Cities of Wichita, Derby, Haysville, and Mulvane to discuss the scope of the project and to explore funding options. The participants decided at that time to expand the study area to include both southeast and southwest quadrants of the metropolitan area. Following the meeting, both KDOT and KTA each pledged $100,000 toward the study. Efforts to solicit contributions from the local entities ceased after the MAPD secured a $1 million federal grant for the South Area Transportation Study in 2002. This amount is considered adequate for a planning study that will include a needs analysis, identification of infrastructure options, evaluating benefits and impacts, and route selection. KDOT has agreed to provide the 20 percent soft match in the form of Kansas toll credits. This agreement provides the MPO with the authority to administer the South Area Transportation Study, and the City of Wichita, as the budget custodian of the MPO, to be reimbursed for eligible expenses not to exceed $971,000. Recommendation: Approve the KDOT-MPO agreement on the Wichita South Area Transportation Study, and authorize the Chairman to sign on behalf of the MPO. MARNELL What does the term "Toll Credits" mean? MEHTA Because the Kansas Turnpike, I-35 and part of I-70 through this State is a toll-way system, they are not recipients of federal highway funds from the highway trust funds. However, every State receives so much mileage of credits from the federal government to the State, and whatever the mileage is for the Kansas Turnpike within the State of Kansas, KDOT accumulates credits for use towards other projects. They have in the past allowed us to tap into those, not for your regular kind of program, but something like this that comes along, and you don't really need to add real cash value to it, that is the best time to take advantage of their soft match, and that is acceptable to federal highway. MOTION: Approve the KDOT-MPO agreement to the Wichita South Area Transportation Study and authorize the Chairman to sign on behalf of the MPO. MARNELL moved, DOWNING seconded the motion, and it carried (11-0). --------------------------------------------------- ? SUBDIVISION ITEMS Items 6-1 to 6-2 may be taken in one motion unless there are questions or comments. 6. Consideration of Subdivision Committee recommendations from the meeting of 6-1. SUB2004-57 – One-Step Final Plat – KENNY ROGERS ADDITION, located on the east side of Hillside and south of 53rd Street North. NOTE: The applicant requests a zone change (ZON 2004-23) from SF-20, Single-Family Residential to LC, Limited Commercial. This site is located in the County adjoining Wichita's city limits and annexation is required. A Community Unit Plan (CUP 2004-14, DP-275) has also been proposed. STAFF COMMENTS: A. Prior to this plat being scheduled for City Council review, annexation of the property will need to be completed. B. This plat will be subject to approval of the associated zone change and any related conditions of such a change. Prior to this plat being considered by City Council, the zone change will need to be approved. C. City water services are available to serve the site. The applicant shall guarantee the extension of sanitary sewer to serve the lot being platted. An off-site sewer easement is needed. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. City/County Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. An off-site drainage easement is needed. F. County Surveying advises that bearings on the preliminary plat do not match bearings on the final plat. G. The plat denotes one opening along Hillside. Traffic and County Engineering requests the alignment of the proposed opening with the northernmost opening for the school across Hillside. H. A note shall be placed on the final plat, indicating that this Addition is subject to the conditions of Kenny Rogers Commercial CUP (CUP 2004-14, DP-275). I. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP and its special conditions for development on this property. J. The signature line for the City Clerk needs to be revised to reference "Karen Sublett". K. The MAPC signature block needs to reference "Ronald L. Marnell, Chair". L. As required by the CUP, a wall easement needs to be platted around perimeter property lines. The easement shall be platted separately from the 20-ft utility easement. 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 note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. U. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. V. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, MCKAY seconded the motion, and it carried (11-0). --------------------------------------------------- 6-2. SUB2004-42 – Final Plat – YODER AIRPORT THIRD ADDITION, located west of 247th Street West, on the south side of U.S. Highway NOTE: This unplatted site is located in the County in an area designated as "rural" by the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan. It is located in the Garden Plain Area of Influence. STAFF COMMENTS: A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. County Engineering has approved the drainage plan. A drainage easement is needed across the northwest portion of Lot 1. D. The Applicant is advised that the building setback must be 150 feet from the centerline of U.S. 54 to conform with the Zoning setback standards. E. Per Sedgwick County Fire Department, access drives to any structure in excess of 150 feet from the edge of the roadway will need to be installed prior to final framing inspection, preferably before the start of any above grade construction work. Such drive to be installed according to fire department specifications: (1) Twenty feet of drivable surface is provided the entire length of the access drive designed to withstand the weight of fire apparatus in inclement weather with provisions for turning fire apparatus around. (2) To meet fire department specifications, the surface will need to be an all-weather material consisting of rock or gravel, ground asphalt, laid asphalt or concrete. It is to be applied a minimum of 4 inches in depth consistently over the entire width and length of the driving surface (gravel is prone to problems during extended periods of rain or snow and should be used with caution unless a good solid compacted base has been installed). F. The width should be denoted of the unplatted strip on the south side of Lot 8. G. The north line of Reserve A needs to be a solid line. H. The northeast corner of the section is labeled as northwest corner. I. The applicant shall guarantee the installation of the private street to the 36-ft rock suburban street standard. As private improvements, such guarantee shall not be provided through the use of a petition. J. A covenant shall be submitted regarding the private street, which sets forth ownership and maintenance responsibilities. The plattor's text shall reference the platting of the reserve for private street purposes and shall state which specific lots are to be accessed by the reserve. K. GIS needs to comment on the street name. Bonanza Ct needs to be revised to Bonanza Cir. L. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserve shall grant, to the appropriate governing body, 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. 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 note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. U. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. V. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, MCKAY seconded the motion, and it carried (11-0). --------------------------------------------------- ? PUBLIC HEARING — VACATION ITEMS Items 7-1 to 7-10 may be taken in one motion, unless there are questions or comments. 7-1. VAC2004-18 – Request to Vacate 24th Street North Right-of-Way. APPLICANTS: Victor Staatz, Chester & Teresa Majors, Rosie DeFoor, Gloria Contreras, Charles & Edith Dvorak, Michael & Linda Kracke Michael & Laura Pivonka, Fayburn & Florence Parish LEGAL DESCRIPTION: (A) The undeveloped portion of 24th Street North (created by condemnation ordinance #22-783) abutting the south sides of Lots 12 & 13, Block A, Community Addition, the north sides of Lots 1 & 12, Block C, Community Addition, abutting the Salina Avenue ROW on its west side and the Burns Avenue ROW on its east side, as recorded with Wichita, Sedgwick County, Kansas (B) The undeveloped portion of 24th Street North (created by condemnation ordinance #22-783) abutting the south sides of Lots 12 & 13, Block B, Community Addition, the north sides of Lots 1 & 21, Block D, Community Addition, abutting the Burns Avenue ROW on its west side and the Woodland Avenue ROW on east side, as recorded with Wichita, Sedgwick County, Kansas LOCATION: Generally southwest of the 25th Street North & Arkansas Street intersection, more specifically southwest of Schell Park at 24th Street North & Woodland. REASON FOR REQUEST: Undeveloped ROW, revert to private use CURRENT ZONING: Site and surrounding properties are zoned "SF-5" Single-family residential The applicants are requesting consideration to vacate two undeveloped sections of the 24th Street North ROW. That approximately 47-foot wide (x) 270-foot long section between, west to east, Salina Avenue and Burns Avenue and that approximately 47-foot wide (x) 270-foot long section between, west to east, Burns Avenue and Woodland Avenue. Between Salina, Burns and Woodland Avenues, 24th Street North abuts four residential lots on its north side and four residential lots on its south side. All of the abutting property owners have signed the application and petition to vacate the sections of 24th Street North as previously described. The sections of 24th Street North proposed to be vacated were originally shown as an "Exception" on the Community Addition plat, which was recorded January 25, 1954. The plat's text does not mention any of the "Exceptions" shown on the plat. The City of Wichita's Board of Commissioners adopted condemnation ordinance #22-783, on April 3, 1957; this created the described portion of the 24th Street North ROW. This portion of 24th Street North was never developed, except for a curb cut and drive entrance (paved) onto Woodland. The ROW is currently grass and trees with the abutting property owners using it as access to garages or for vehicle parking/storage. 24th Street North is classified as a residential road. The portion of ROW proposed to be vacated does not match the abutting and platted 24th Street's 60-foot width. There are sewer lines crossing, north to south, the 24th Street North ROW, but no water. Water & Sewer has requested that 20-foot of the ROW, 10-foot on either side of the sewer lines, be retained as a sewer easement. There are utility poles in the ROW; retention of a portion of the ROW as easement or relocation of the utilities would be per the franchised utilities recommendation. Setbacks are per the current UZC for the "SF-5" zoning district, but would become interior side yard setbacks, per the current UZC (6-foot), and would move with the new property lines created by the vacated ROW, if it is approved and the recommended conditions are met. Reversion rights of the vacated 24th Street ROW would go to the applicants. NOTE: At the May 27, 2004 Subdivision Committee meeting one of the applicants withdrew their support of the vacation request; the withdrawing applicants' lot (Lot 21, Block D, Community Addition) is located between the Woodland – Burns portion of 24th Street North. By withdrawing their support, the portion of 24th Street North between Woodland and Burns (per the legal description; (B) on the front page of the Staff report) cannot be vacated. The portion of 24th Street North between Burns and Salina (per the legal description; (A) on the front page of the Staff report) can still be vacated, with conditions, as long as no one protests. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the 24th Street ROW, created by condemnation ordinance #22-783, as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time May 20, 2004 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portions of the street ROW created by condemnation ordinance and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the street ROW created by condemnation ordinance #22-783, described in the petition should be approved with conditions; (1) The vacation of the portion of 24th Street North between Woodland and Burns, abutting Lots 12 & 13, Block B (north) and Lots 1 & 21 (south), Block D, all in the Community Addition will not proceed to the WCC until all abutting property owners agree to vacate and all conditions are met. (2) The portion of 24th Street North between Salina and Burns, abutting Lots 12 & 13, Block A (north) and Lots 1 & 12 (south), Block C, all in the Community Addition may proceed to the WCC for final action when all conditions are met. (3) Retain 10-foot on either side of the existing sewer lines as 20-foot sewer easements, within the vacated ROW. (4) Per the recommendation of the franchised utilities, retain a 20-foot portion of the vacated ROW as utility easements, where franchised utilities are located. (5) Provide a survey for the location of the public and franchised utilities (6) Dedicate by separate instrument an additional 2-feet, per abutting lot to the vacated 24th Street North ROW, to the platted 16-foot utility easement, north-south, located between Lots 1 & 12, Block C, of Lots 12 & 13, Block A, Lots 1 & 21, Block D and Lots 12 & 13, Block B, all in the Community Addition. (7) Reversion rights of vacated ROW are with the abutting property owners; the applicants. (8) Setbacks will be the current UZC's interior side yard setbacks. (9) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. (10) All improvements shall be according to City Standards, including any driveways from private property onto public ROW. (11) All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) The vacation of the portion of 24th Street North between Woodland and Burns, abutting Lots 12 & 13, Block B (north) and Lots 1 & 21 (south), Block D, all in the Community Addition will not proceed to the WCC until all abutting property owners agree to vacate and all conditions are met. (2) The portion of 24th Street North between Salina and Burns, abutting Lots 12 & 13, Block A (north) and Lots 1 & 12 (south), Block C, all in the Community Addition may proceed to the WCC for final action when all conditions are met. (3) Retain 10-foot on either side of the existing sewer lines as 20-foot sewer easements, within the vacated ROW. (4) Per the recommendation of the franchised utilities, retain a 20-foot portion of the vacated ROW as utility easements, where franchised utilities are located. (5) Provide a survey for the location of the public and franchised utilities (6) Dedicate by separate instrument an additional 2-feet, per abutting lot to the vacated 24th Street North ROW, to the platted 16-foot utility easement, north-south, located between Lots 1 & 12, Block C, of Lots 12 & 13, Block A, Lots 1 & 21, Block D and Lots 12 & 13, Block B, all in the Community Addition. (7) Reversion rights of vacated ROW are with the abutting property owners; the applicants. (8) Setbacks will be the current UZC's interior side yard setbacks. (9) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. (10) All improvements shall be according to City Standards, including any driveways from private property onto public ROW. (11) All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. GAROFALO I am curious about the note on page three of the staff report that states that one of the applicants withdrew their support of the vacation request. BILL LONGNECKER, Planning Staff That has changed. This morning the applicant that had withdrew his support came in and presented to Staff a short letter stating that they would, again, like to participate in the vacation. Now we have full participation from all the property owners abutting the Burns right-of-way. MOTION: To approve, subject to staff comments and citing the findings in their report. HENTZEN moved, DOWNING seconded the motion, and it carried (11-0). --------------------------------------------------- 7-2. VAC2004-19 – Request to Vacate Platted Easements. OWNER/APPLICANT: Jason & Jodi Wenzel LEGAL DESCRIPTION: Platted 20-foot easement, located on the north 10-feet of Lots 4, 5 & 6 and the south 10- feet of Lots 3 & 7, all in Block 7, Prairie Crossing Addition, (from "Bundle L" of the "Bundling Overlay"), Wichita, Sedgwick County, Kansas. Platted 20-foot easement, located on the west 10-feet of Lot 3, except the north 10-feet thereof and the east 10-feet of Lot 7, except the north 10-feet thereof, all in Block 7 Prairie Crossing Addition, (from "Bundle L" of the "Bundling Overlay"), Wichita, Sedgwick County, Kansas LOCATION: Generally located southwest of Central Avenue and 151st Street West, specifically on the northeast corner of Caroline and Reece Streets. REASON FOR REQUEST: Build house. CURRENT ZONING: Subject property and all adjacent or abutting properties are zoned "RR" Rural Residential The applicant proposes vacation of the platted 20-foot utility easements located the north 10-feet of Lots 4, 5, & 6, the south 10-feet of Lots 3 & 7, the west 10-feet of Lot 3 and the east 10-feet of Lot 7, all in Block 7, Prairie Crossing Addition (see legal). The applicant's proposed house will cross over the described lot lines and utility easements. The applicant has received comments from City and County Public Works, City Water and Sewer and franchised utilities, which indicate no current or future need for the described utility easements in reference to the ability to service the applicant's site, Lots 3-7, and Lots 1 & 2, all in Block 7, Prairie Crossing Addition. The applicant has provided copies of a proposed substitute easement to meet comments from utility interest. The Prairie Crossing Addition is a "Bundled" Subdivision, which was intended to provide urban size lots in the County when water and sewer are available. The applicant's lots are in "Bundle L" and the applicant owns all of "Bundle L". Attached to the Subdivision are a Restrictive Covenant and a Developer's Covenant, which require both the City and County to approve waiving, modification or termination of them. The proposed vacation removes encumbrances (e.g. the easements), which control the placement of dwellings (Developer's Covenant paragraph #5), which controls the density of residential development. Both City and County Law are reviewing the applicant's request in regards to any possible action needed in reference to the covenants. The Prairie Crossing Addition was recorded May 15, 2003. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works and other utility representatives, Planning Staff recommends approval to vacate the platted easement as shown on the exhibit with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Derby Reporter of notice of this vacation proceeding one time May 20, 2004 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted easement and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted easement described in the petition should be approved with conditions; (1) Provide Staff with a copy of the easements dedicated by separate instrument, as approved by County & City Public Works/Water & Sewer to be recorded with the Register of Deeds. (2) If either the Developer's Covenant or/and the Restrictive Covenant are waive, modified or terminated, the action approved by both the City and County that affects either one or both of the covenants will be recorded with the Register of Deeds. (3) Obtain approval from the County for placement of an alternative sewer system to serve the site. (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/County Standards. (6) All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Provide Staff with a copy of the easements dedicated by separate instrument, as approved by County & City Public Works/Water & Sewer to be recorded with the Register of Deeds. 2. If either the Developer's Covenant or/and the Restrictive Covenant are waive, modified or terminated, the action approved by both the City and County that affects either one or both of the covenants will be recorded with the Register of Deeds. 3. Obtain approval from the County for placement of an alternative sewer system to serve the site. 4. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. All improvements shall be according to City/County Standards. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-3. VAC2004-20 – Request to Vacate Platted Setbacks and Access Control. OWNER/APPLICANT: 37th LLC c/o Walter Morris and Sons – Mike Boyd AGENT: Baughman Company c/o Terry Smythe LEGAL DESCRIPTION: See Attached Legal LOCATION: Generally located on the southeast corner of the 37th Street North – Ridge Road interchange. REASON FOR REQUEST: Reconfiguration of lots CURRENT ZONING: Subject property and adjacent properties to its north and west are zoned "LC" Limited Commercial. Properties abutting the subject sites south and east side are zoned "GO" General Office. The applicant proposes vacation of the current joint access between Lots 2 & 4, Ridge Port North Addition onto Ridge Road and the current joint access between Lots 2 & 3, Ridge Port North Addition, onto 37th Street North. The applicant is also proposing the vacation of a portion of the 100-foot setback along Lots 2's, Ridge Port North Addition, north property line. There is a proposed lot split associated with this request, which will break Lot 2 into four parcels and reconfigure Lot 4. The applicant has proposed new access for Staff review. The applicant has proposed a 35-foot setback to replace the 100-foot setback along Lot 2's north side. The proposed 35-foot setback is aligned with the existing 35-foot setback on the smaller Lots 3 & 4, Ridge Port North Addition. The subject site is part of CUP DP 237. The Ridge Port North Addition was recorded June 9, 1999. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works and other utility representatives, Planning Staff recommends approval to vacate the platted joint access control and a portion of the 100-foot platted setback, as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time May 20, 2004 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted access control and a portion of the platted setback and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted access control described in the petition should be approved with conditions; 1. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant, per the comments of Public Works and franchised utilities. 2. All improvements shall be according to City Standards. 3. Review and approval by staff and subsequent completion of the proposed Lot Split, by the applicant, including proposed 35-foot setback as described in the legal, proposed new joint access and access control, prior to the vacation case proceeding to WCC for final action. 4. Provide Staff with approval of an Adjust or Amendment to CUP DP 237, which reflects the reconfiguration of Lot 2 and approved joint access, access control and proposed 35-foot setback. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void 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, per the comments of Public Works and franchised utilities. 2. All improvements shall be according to City Standards. 3. Review and approval by staff and subsequent completion of the proposed Lot Split, by the applicant, including proposed 35-foot setback as described in the legal, proposed new joint access and access control, prior to the vacation case proceeding to WCC for final action. 4. Provide Staff with approval of an Adjust or Amendment to CUP DP 237, which reflects the reconfiguration of Lot 2 and approved joint access, access control and proposed 35-foot setback. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-4. VAC2004-21 – Request to Vacate a Portion of a Platted Setback. OWNER/APPLICANT: Zach's Car Wash, LLC c/o Grant Wood AGENT: Baughman Company PA c/o Terry Smythe LEGAL DESCRIPTION: A portion of the 40-foot platted setback as shown on the exhibit, generally located on southeast side and running parallel to the Meridian Avenue frontage of Lot 2, Block 1, Leewood Heights 3rd Addition, as recorded, Wichita, Sedgwick County, Kansas. LOCATION: Generally located northeast of the 53rd Street North – Meridian Avenue intersection. REASON FOR REQUEST: Conditional Use for a Car Wash CURRENT ZONING: Subject property and properties north and south are zoned "LC" Limited Commercial. Property west of the site, across Meridian Avenue, is zoned "LC" & "SF-20" Single-family Residential. Property east of the site is zoned SF-5" Single-family Residential. The applicant proposes to vacate apportion of a platted 40-foot setback to place three vacuum and trash islands. Per CON2003- 00046, as approved by the MAPC at their January 22, 2004 meeting; "Section III-E.2.e. of the UZC does not permit the proposed vacuum/trash receptacles to be located within the required setback. The subject property has a 40-foot platted setback, which is 20 feet greater than required by the "LC" zoning district. Therefore, the applicant proposes to vacate the platted setback so that the vacuum/trash receptacles will not be located within the required setback. Planning staff will recommend approval of vacating the platted setback at the time such application is submitted." The Leewood Heights 3rd Addition was recorded with the Register of Deeds on August 14, 1979 Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portions of the platted setbacks as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time May 20, 2004, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted setbacks and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the easement dedicated by separate instrument and the portions of the platted setbacks described in the petition should be approved with conditions; (1) Vacate only that portion of the platted setback where the vacuum islands encroach. The only structures allowed in the portion of the vacated platted setback are the vacuum islands. (2) Provide staff with accurate legal descriptions of the proposed portion of the vacated setback. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (4) All improvements shall be according to City Standards. (5) All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Vacate only that portion of the platted setback where the vacuum islands encroach. The only structures allowed in the portion of the vacated platted setback are the vacuum islands. 2. Provide staff with accurate legal descriptions of the proposed portion of the vacated setback. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 4. All improvements shall be according to City Standards. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-5. VAC2004-22 – Request to Vacate a Drainage Easement. OWNER/APPLICANT: Adrian & K Martin AGENT: Certified Engineering Design PA c/o Harlan Foraker LEGAL DESCRIPTION: That portion of the platted 35-foot temporary drainage easement lying in parts of, from northeast to southwest, the 157th Circle West ROW, Lots 14, 13, 12, 17 & 18, Block 2, "Bundle B" of the Martin Estates Addition, as recorded Wichita, Sedgwick County, Kansas. LOCATION: Generally located southwest of the 151st Street West – Central Avenue intersection, more specifically southeast of the Shade Street – Reece Road intersection REASON FOR REQUEST: Single-family development of the site CURRENT ZONING: Subject property and all adjoining properties are zoned "RR" Rural Residential The applicant is requesting consideration for the vacation of the 35-foot temporary platted drainage as described in the Legal Description. The applicant proposes the vacation of the easement to allow more room for development on Lots 14, 13, 12, 17 & 18, Block 2, "Bundle B", Martin Estates Addition. The applicant has provided an exhibit that shows the location of a proposed replacement easement. As stated on the plat's text "temporary drainage easements shall expire when an urban scale drainage plan has been approved by the City Engineer and the existing terraces have been removed." The County Public Works Engineer considers the vacation necessary, because the applicant is replacing only a portion of the entire easement. There are no sewer or water lines in the platted temporary drainage easement. The Martin Estates Addition is a "Bundled" Subdivision, which was intended to provide urban size lots in the County when water and sewer are available. The Martin Estates Addition was recorded with the Register of Deeds October 7, 2003. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the platted temporary drainage easement as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Derby Reporter of notice of this vacation proceeding one time May 20, 2004, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted temporary drainage easement and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted easement described in the petition should be approved with conditions; 1. The applicant shall submit urban scale drainage plans for review and approval by City/County Public Works/Storm Water. These plans must be approved prior to the Vacation Case proceeding to the WCC 2. If required by City/County Public Works/Storm Water, provide Planning Staff with a dedication of a drainage easement by separate instrument, which has been approved by City/County Public Works/Strom Water to be recorded with the Register of Deeds. This dedication(s) must be provided prior to the vacation case proceeding to the WCC. 3. Upon approval of the urban scale drainage plan, remove the existing terraces, per the plat's text. 4. Provide franchised utilities with any required easements made necessary by the proposed vacation. 5. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 6. All improvements shall be according to City/County Standards. 7. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. The applicant shall submit plans for review and approval by City/County Public Works/Storm Water. These plans must be approved prior to the vacation case proceeding to the WCC. 2. If required by City/County Public Works/Storm Water, provide Planning Staff with a dedication of a drainage easement by separate instrument, which has been approved by City/County Public Works/Strom Water, to be recorded with the Register of Deeds. This dedication(s) must be provided prior to the vacation case proceeding to the WCC. 3. Provide franchised utilities with any required easements made necessary by the proposed vacation. 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/County Standards. 6. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-6. VAC2004-23 – Request to Vacate a 20-Foot Drainage and Utility Easement. OWNER/APPLICANT: Wilson Residential Company LLC, c/o Cathy Erickson AGENT: PEC, PE c/o Rob Hartman LEGAL DESCRIPTION: The platted 20-foot drainage & utility easement running parallel to the 100-foot KG&E easement (dedicated by separate instrument, Misc Book 594, Page 596)), as shown on the exhibit, on Lot 1, Block 1, Wilson Estates Medical Park Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located southwest of the 21st Street North – Webb Road intersection, north of the Railroad ROW REASON FOR REQUEST: Align easement with abutting easement to the west CURRENT ZONING: Subject property and adjoining properties north and west are zoned "GO" General Office. Properties south and east of the subject property are zoned "SF-5" Single-Family Residential The applicant is requesting consideration for the vacation of the platted 20-foot drainage & utility easement that runs parallel to the north side of a 100-foot KG&E easement (dedicated by separate instrument, Misc Book 594, Page 596) on Lot 1, Block 1, Wilson Estates Medical Park Addition. The applicant proposes to align a proposed easement with an existing drainage and utility easement on the abutting west property; Wilson Estates Medical Park 2nd Addition. The proposed replacement easement will be partially in the KG&E easement. There are no sewer or water lines in the platted easement. The Wilson Estates Medical Park Addition was recorded with the Register of Deeds January 8, 2003. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the platted drainage & utility easement as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time May 20, 2004, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted drainage & utility easement and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted easement described in the petition should be approved with conditions; 1. The applicant shall submit plans, as needed, for review and approval by City Public Works/Storm Water. These plans must be approved prior to the Vacation Case proceeding to the WCC. 2. If required by City Public Works/Storm Water, provide Planning Staff with a dedication of a drainage easement by separate instrument, which has been approved by City Public Works/Storm Water to be recorded with the Register of Deeds. This dedication(s) must be provided prior to the vacation case proceeding to the WCC. 3. The applicant shall submit plans, as needed, for review and approval by the franchised utilities, including Westar. If required provide franchised utilities with any required easements made necessary by the proposed vacation. These plans must be approved prior to the Vacation Case proceeding to the WCC. 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. 6. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. The applicant shall submit plans for review and approval by City Public Works/Strom Water. These plans must be approved prior to the vacation case proceeding to the WCC. 2. If required by City Public Works/Storm Water, provide Planning Staff with a dedication of a drainage easement by separate instrument, which has been approved by City Public Works/Strom Water, to be recorded with the Register of Deeds. This dedication(s) must be provided prior to the vacation case proceeding to the WCC. 3. Provide franchised utilities with any required easements made necessary by the proposed vacation. 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. 6. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-7. VAC2004-24 – Request to Vacate and Relocate a 20-Foot Utility Easement. OWNER/APPLICANT: Laham Holding Company, LLC c/o Cathy Erickson AGENT: PEC c/o Rob Hartman LEGAL DESCRIPTION: Platted 20-foot utility easement located between Lots 4 & 5, stopping at its point of intersection with the platted 30-foot drainage & utility easement on its south side and the platted 15-foot drainage & utility easement located on its north side, all in Block 1,the Wilson Estates Medical Park 2nd Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located southwest of the 21st Street North – Webb Road intersection, more specifically southwest of the East Wilson Estates Parkway – Webb Road intersection. REASON FOR REQUEST: Proposed boundary shift. CURRENT ZONING: Subject property and all adjacent or abutting properties are zoned "GO" General Office The applicant proposes vacation of the platted 20-foot utility easement located between Lots 4 & 5, Block 1, the Wilson Estates Medical Park 2nd Addition. A proposed boundary shift will reconfigure Lots 4 & 5. The easement will move with the new property/lot line. There is no water or sewer in the easement. The site is in CUP DP 260. The Wilson Estates Medical Park 2nd Addition was recorded January 8, 2004. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the platted easement as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time May 20, 2004 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described platted easement and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the platted easement described in the petition should be approved with conditions; 1. Provide Staff with a replacement easements dedicated by separate instrument that will replace the vacated easement, as approved by Public Works/Water & Sewer, to go with the Vacation Order to WCC for final action and to be recorded with the Register of Deeds. 2. Provide Staff with a copy of the recorded Boundary Shift. If needed, provide Staff with a letter of approval for either an Adjustment or Amendment to CUP DP 260, which reflects the reconfiguration of the lots 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 4. All improvements shall be according to City Standards. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Provide Staff with a replacement easements dedicated by separate instrument that will replace the vacated easement, as approved by Public Works/Water & Sewer, to go with the Vacation Order to WCC for final action and to be recorded with the Register of Deeds. 2. Provide Staff with a copy of the recorded Boundary Shift. If needed, provide Staff with a letter of approval for either an Adjustment or Amendment to CUP DP 260, which reflects the reconfiguration of the lots 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 4. All improvements shall be according to City Standards. 5. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). ------------------------------------------------ 7-8. VAC2004-25 – Request to Vacate a Portion of a Platted 50-Foot Front Building Setback. OWNER/APPLICANT: Next Generation Investments, LLC c/o William Smith AGENT: Mark Savoy LEGAL DESCRIPTION: 15-feet of the platted 50-foot setback that runs parallel to the Eisenhower Avenue ROW on the east side of Lot 9, Block 1, the Airport Industrial Park addition, as recorded, Wichita, Sedgwick County, Kansas. 15-feet of the platted 50-foot setback that runs parallel to the Eisenhower Avenue ROW on the east side Lot 10, 15-feet of the platted 50-foot setback that runs parallel to the Eisenhower Court ROW on the north side of Lot 10, Block 1, the Airport Industrial Park addition, as recorded, Wichita, Sedgwick County, Kansas. 15-feet of the platted 50-foot setback that runs parallel to the Eisenhower Court ROW on the northeast side Lot 5, Block 1, the Airport Industrial Park addition, as recorded, Wichita, Sedgwick County, Kansas. 15-feet of the platted 50-foot setback that runs parallel to the Eisenhower Court on southeast side of Lot 4, Block 1, the Airport Industrial Park addition, as recorded, Wichita, Sedgwick County, Kansas. LOCATION: Generally located south of Harry Street and west of Hoover Road. REASON FOR REQUEST: 35-foot setback on all properties, more specifically off the Eisenhower Avenue – Eisenhower Court(s) intersection(s) CURRENT ZONING: Subject property and all abutting/adjacent properties are zoned "LI" Limited Industrial The applicant is requesting vacation of 15-feet of the platted 50-foot setbacks, as described, on Lots 4, 5, 9, & 10, Block 1, the Airport Industrial Park Addition. All the setbacks run parallel to street ROW. There was a previous case, VAC2000-30, on Lot 9, which vacated 15-feet of the 50-foot ROW on the Lot 9's south side, running parallel to Eisenhower Court. The applicant's proposal would replace the remaining 50-foot setback on Lot 9, with a consistent 35-foot setback. The applicant's proposal would give all his properties a 35-foot setback. The UZC's standard for a front yard setback for the "LI" zoning district is 20-feet, with no minimum street side setback. If approved 24 of the 28 lots in the Airport Industrial Park Addition would still retain their platted 50-foot street side setbacks; approximately 62% of the subdivision is developed. Two of the applicant's four lots are not developed. It is not unreasonable to assume future vacation request of the platted setbacks. The Airport Industrial Addition was recorded December 16, 1964. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives, and other interested parties Planning Staff recommends approval to vacate 15-feet of the platted 50-foot setbacks as described in a legal description. 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 May 20, 2004 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted setbacks and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of a portion of the platted setbacks described in the petition should be approved with conditions; (1) Vacate 15-feet of the platted 50-foot setbacks, per the legal description, on Lots 4, 5, 9, & 10, Block 1, the Airport Industrial Park Addition, stopping at their point of intersection with the platted easements on the sites. (2) Dedicate an additional 2-foot of easement, by separate instrument, to the platted 16-foot easement on Lots 4, 5, 9 & 10, Block 1, the Airport Industrial Park Addition. Provide to Staff to be recorded with the Register of Deeds along with the Vacation Order. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (4) Provide staff with a petition to pave Eisenhower Court, prior to the Vacation Order proceeding to WCC for final action. (5) All improvements shall be according to City Standards. (6) All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Vacate 15-feet of the platted 50-foot setbacks, per the legal description, on Lots 4, 5, 9, & 10, Block 1, the Airport Industrial Park Addition, stopping at their point of intersection with the platted easements on the sites. 2. Dedicate an additional 2-foot of easement to the platted 16-foot easement on Lots 4, 5, 9 & 10, Block 1, the Airport Industrial Park Addition. Provide to Staff to be recorded with the Register of Deeds along with the Vacation Order. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 4. Provide staff with a petition to pave Eisenhower Court, prior to the Vacation Order proceeding to the WCC for final action. 5. All improvements shall be according to City Standards. 6. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-9. VAC2004-26 – Request to Vacate Flood Control Right-of-Way. APPLICANT: Larry's Trailer Sales and Service, LLC c/o Sherry Hamilton AGENT: Baughman Company PA c/o Russ Ewy LEGAL DESCRIPTION: Condemnation Case #A-71454 as described in the attached legal description. LOCATION: Generally located northwest of the IH-235 – Broadway Avenue interchange REASON FOR REQUEST: Use of the site CURRENT ZONING: Subject property and abutting/adjacent properties north, south and west of the site are zoned "LI" Limited Industrial. Property west of the site is not zoned, but is part of the Wichita – Valley Center Floodway Control The applicant is requesting consideration for the vacation of the approximately 6,750-square foot floodway reserve that abuts the northwest side of the applicant's property; Lot 2, Kratzke's Addition. The applicant proposes the vacation of the easement for private use. There are no sewer or water lines in the floodway reserve. The Kratzke's Addition was recorded with the Register of Deeds December 20, 1989. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the floodway reserve as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time May 20, 2004, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described floodway reserve and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the floodway reserve described in the petition should be approved with conditions; 1. The applicant shall submit plans, as needed, for review and approval by City Public Works/Storm Water. These plans must be approved prior to the Vacation Case proceeding to the WCC 2. If required by City Public Works/Storm Water, provide Planning Staff with a dedication of a drainage easement by separate instrument, which has been approved by City Public Works/Storm Water to be recorded with the Register of Deeds. This dedication(s) must be provided prior to the vacation case proceeding to the WCC. 3. Provide franchised utilities with any required easements made necessary by the proposed vacation. 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. 6. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. The applicant shall submit plans for review and approval by City Public Works/Storm Water. These plans must be approved prior to the vacation case proceeding to the WCC. 2. If required by City Public Works/Storm Water, provide Planning Staff with a dedication of a drainage easement by separate instrument, which has been approved by City Public Works/Storm Water, to be recorded with the Register of Deeds. This dedication(s) must be provided prior to the vacation case proceeding to the WCC. 3. Provide franchised utilities with any required easements made necessary by the proposed vacation. 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. 6. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- 7-10. VAC2004-27 – Request to Vacate a Pedestrian Access and Utility Easement. APPLICANTS/OWNER: Legacy Banks c/o Brad Yeager AGENT: Baughman Co, PA c/o Phil Myer LEGAL DESCRIPTION: A 10-foot wide portion of the pedestrian access portion of the platted 20-foot drainage, utility and pedestrian access easement, that abuts the west side of Lot 10, Block B, the Willowbend North Estates 2nd Addition, as recorded with Wichita, Sedgwick County, Kansas LOCATION: Generally located south of 45th Street North and west of Rock Road, at the end of Burton Creek Circle REASON FOR REQUEST: Remove the half of the pedestrian access use from a multipurpose easement an abutting single-family residential lot CURRENT ZONING: Site and surrounding properties are zoned "SF-5" Single-family residential The applicant is requesting consideration to vacate a 10-foot wide portion of 20-feet of pedestrian access, that abuts the west side of Lot 10, Block B, the Willowbend North Estates 2nd Addition. The applicant wishes to remove abutting pedestrian access from this lot. The 20-feet of pedestrian access is part of a platted 20-foot drainage, utility and pedestrian access easement. There is sewer in the easement. The pedestrian access links Blocks A & B, to Reserve "A", all in the Willowbend North Estates 2nd Addition. Per the plat text 'Reserve "A" is reserved for open space, lakes, landscapes, berms, sidewalks, drainage purposes and utilities…' 'Reserve "A" "shall be owned and maintained by the homeowners association for the addition.' Reserve "A" abuts a railroad ROW on its south side and a golf course on its east side. The railroad ROW is part of a proposed bike path; rails to trails. The railroad ROW is currently an active line, used in part to connecting activity between Wichita and El Dorado in Butler County. The proposed vacation would leave 10-feet of pedestrian access (abutting Lot 9, Block B, the Willowbend North Estates 2nd Addition) onto Reserve "A". The Willowbend North Estates 2nd Addition was recorded with the Register of Deeds January 8, 2004. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the 10--foot pedestrian access portion of a platted 20-foot drainage, utility and pedestrian access easement, that abuts the west side of Lot 10, Block B, the Willowbend North Estates 2nd Addition, with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time May 20, 2004 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described pedestrian access portions of the platted street ROW and the platted setbacks and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted street ROW and the platted setbacks described in the petition should be approved with 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) Vacate only the10-foot pedestrian access use portion of a platted 20-foot drainage, utility and pedestrian access easement, that abuts the west side of Lot 10, Block B, the Willowbend North Estates 2nd Addition. (4) All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. 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. Vacate only the10-foot pedestrian access portion of a platted 20-foot drainage, utility and pedestrian access easement, that abuts the west side of Lot 10, Block B, the Willowbend North Estates 2nd Addition. 4. All conditions to be completed within 6 months of approval by the MAPC or the vacation request will be considered null and void. MOTION: To approve, subject to staff comments and citing the findings in their report. DUNLAP moved, WARNER seconded the motion, and it carried (11-0). --------------------------------------------------- ? PUBLIC HEARING — ZONING ITEMS 8. Case No.: ZON2004-27 - Transtecs Corporation Request Zone change from "LC" Limited Commercial to "GC" General Commercial on property described as; Lots 21, 22, 23 and 24, Block 6, Wilber's Addition to Wichita, Kansas, Sedgwick County, Kansas. Generally located Northeast of Piatt and 21st Street (2101 E. 21st Street). BACKGROUND: The application area is located at the northeast corner of 21st Street and Piatt, and is currently zoned "LC" Limited Commercial. The site is developed with a commercial building that contains manufacturing equipment, a C N C milling machine, which was previously used in association with a vocational school. Use of that manufacturing equipment in the teaching environment was a legal activity in the "LC" district, per the Unified Zoning Code. The facility has converted from a teaching facility to a manufacturing establishment that is now making parts for government contracts. With that conversion from a teaching facility to a manufacturing entity, the land use is now classified as "manufacturing, general" which requires "GC" General Commercial zoning, instead of "LC" zoning. Surrounding property is zoned a variety of districts: "MF-29" Multi-family Residential, "GO" General Office, "GC" General Commercial, and "LC" Limited Commercial. Surrounding uses include: two duplexes, manufacturing/training facility, vacant commercial and office buildings. CASE HISTORY: The application area is platted as part of the Wilber's Addition, Lots 21-22 and the north 40 feet of Lot 23. ADJACENT ZONING AND LAND USE: NORTH: "MF-29" Multi-family Residential; residential SOUTH: "GO" General Office & "LC" Limited Commercial; office/commercial EAST: "GC" General Commercial; commercial/manufacturing WEST: "LC" Limited Commercial; commercial PUBLIC SERVICES: All public services are available to the site. 21st Street is a paved five lane arterial with approximately 16,500 average daily trips. Piatt is a local residential street. CONFORMANCE TO PLANS/POLICIES: The "Wichita Land Use Guide" depicts this site as appropriate for "commercial" uses. This segment of 21st Street, from I-135 and Hillside, has long been used for commercial or office uses. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Surrounding property is zoned a variety of districts: "MF-29" Multi- family Residential, "GO" General Office, "GC" General Commercial, and "LC" Limited Commercial. This segment of 21st Street, from I-135 and Hillside, has long been used for commercial or office uses. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned "LC" Limited Commercial. The "LC" district permits a wide range of retail and office uses that would be appropriate at this location. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The land located immediately to the east is already zoned "GC" General Commercial. Approval of this request will not introduce zoning or potential uses into the area that do not already exist. The machine triggering the need for the rezoning is located inside a building, minimizing any potentially detrimental affects. 4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Denial of the request would cause the applicant economic loss in that he has contracts to fulfill that require the use of this machine. Approval of the request will allow this business to grow and compete more successfully in the future without introducing a new zoning district into the area. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The "Wichita Land Use Guide" depicts this site as appropriate for "commercial" uses. 6. Impact of the proposed development on community facilities: No negative impacts on community facilities have been identified. MOTION: To approve, subject to staff comments and citing the findings in their report. MARNELL moved, MCKAY seconded the motion, and it carried (11-0). --------------------------------------------------- 9. Case No.: CON2004-18 – Family Centered Services, Inc. c/o Douglas L. Watson (owner/applicant) Request Sedgwick County Conditional Use to permit a cemetery on property zoned "SF-20" Single-family Residential on property described as; The West 61.55 feet of Webb-31 Addition, Sedgwick County, Kansas TOGETHER WITH the South 145.08 feet of Webb- 31 Addition, Sedgwick County, Kansas. Generally located at the southwest corner of 31st Street South and Webb Road. BACKGROUND: The applicant proposes to develop a cemetery at the southwest corner of 31st Street South and Webb Road (see attached site plan). The applicant owns a total 9.24 acres, of which 6.56 acres are zoned "LC" Limited Commercial and 2.78 acres are zoned "SF-20" Single Family Residential. A portion the applicant's property that is zoned "LC" is developed with a funeral home. The remainder of the applicant's property that is zoned "LC" is proposed to be used as a cemetery, a use that is permitted by right in the "LC" district. Cemeteries may be permitted with a Conditional Use in the "SF-20" district; therefore, the applicant has requested a Conditional Use for a cemetery on the portion of the applicant's property that is zoned "SF-20". The surrounding properties are primarily developed with suburban residential and agricultural uses. Much of the surrounding property is zoned "SF-20" Single Family Residential. All corners of the 31st Street South and Webb Road intersection are zoned "LC" Limited Commercial, as is typical for arterial intersections in the community, and are undeveloped except for the applicant's funeral home. CASE HISTORY: The applicant's property is platted as the Webb-31 Addition, which was recorded on July 15, 1999. In 2000, the applicant submitted a Conditional Use request (CON2000-00008) for a cemetery. The Conditional Use was approved by the MAPC but was appealed to the County Commission due to protest petitions representing 43% of the land area within the notification area. The applicant withdrew the request prior to the County Commission making a final decision on the request. ADJACENT ZONING AND LAND USE: NORTH: "SF-20" & "LC" Agriculture SOUTH: "SF-20" Agriculture, Single Family EAST: "SF-20" & "LC" Agriculture, Single Family WEST: "SF-20" Agriculture, Church PUBLIC SERVICES: The site has frontage to 31st Street South and Webb Road, both two-lane paved arterial streets. 31st Street South has traffic volumes of approximately 2,000 vehicles per day. The 2030 Transportation Plan estimates the volume for 31st Street South will increase to approximately 5,400 vehicles per day and recommends that 31st Street South remain a two lane arterial. Webb Road has traffic volumes of approximately 3,900 vehicles per day. The 2030 Transportation Plan estimates the volume for Webb Road will increase to approximately 5,300 vehicles per day and recommends that Webb Road be widened to a four-lane arterial. Municipal water and sewer services are not required for the proposed cemetery. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the Comprehensive Plan indicates that the subject property is appropriate for "Commercial" development. The proposed cemetery is consistent with the "Commercial" designation. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions: 1. The site shall be developed in general conformance with the approved site plan. 2. Development and use of the subject property shall be in accordance with all applicable federal, state, and local rules and regulations, including building and construction codes, health codes, and operational standards. 3. 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 the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The surrounding properties are primarily developed with suburban residential and agricultural uses. Much of the surrounding property is zoned "SF-20" Single Family Residential. All corners of the 31st Street South and Webb Road intersection are zoned "LC" Limited Commercial, as is typical for arterial intersections in the community, and are undeveloped except for the applicant's funeral home. The proposed cemetery 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 "SF-20" Single Family Residential. With a Conditional Use, a cemetery is permitted in the "SF-20" district. The "L-shaped" configuration of the portion of the applicant's property that is zoned "SF-20" is such that the most suitable development of this portion of the property is in conjunction with the reminder of the applicant's "LC"-zoned property. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The development standards of the Unified Zoning Code should limit any detrimental affects of the proposed cemetery on nearby property. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Land Use Guide of the Comprehensive Plan indicates that the subject property is appropriate for "Commercial" development. The proposed cemetery is consistent with the "Commercial" designation. 5. Impact of the proposed development on community facilities: The proposed cemetery will have significantly less impact on community facilities than other uses permitted by right on the applicant's property. SCOTT KNEBEL, Planning Staff presented the staff report. DOUG WATSON Family Centered Services, 3201 S. Webb Road, Wichita, KS 67210, applicant. Four years ago we built the funeral home there. We had about 10 acres there, and we have taken about 2 acres of that to establish a funeral home and crematory. Since we have been open, we've had a lot of interest in people that would like to have a cemetery established in that area. There are not other cemeteries in the southeast area of Wichita that are currently available. They are all filled to capacity. We have come up with a very nice plan to put in a cemetery that will have a beautiful look to it with a lot of landscaping, and I think it will be a great asset to that particular corner of the property. BARFIELD I notice that this was approved in 2000; however, you withdrew your request before it went to the County Commission. Was that due to the 43% of the landowners disagreeing with this request? WATSON No, when we originally did this the title company had an error and put a wrong address down and that person was not notified. So at that time, they told me I had to start all over again and go through the process. At that time, I wasn't willing to go through that again, but now we have everything in order, and we're ready to move forward. BARFIELD Are there still 43% of the landowners against this? WATSON I guess we will find out. DUNLAP You said all of the cemeteries in the area are filled, what about the one at 47th & Greenwich? WATSON The Branson Cemetery; you can only be buried there at this point if you currently own property, and it is a very small cemetery, maybe 1/2 acre. The Seltzer Cemetery at 143rd and Harry is completely filled unless you already own property. Those are the two that I was referring to. Unless you go into Derby at El Paso, which is almost filled, and they are getting ready to build a cemetery at 95th Street South and Webb Road. DONNA CASTANEDA, 1823 S. Red Oaks, joint property owner of 3333 S. Webb Road, Wichita, KS 67210 I have e-mailed my concerns, and I have my own hand drawn map. This is the first time he put money in the undeveloped acreage. He has put a well in, and put grass in there. There are not enough parking spaces. I have seen flowers in the field. I can hear the crematory working. I have wondered if those that had been cremated, if their family members wishing to put them in a country setting had not already placed ashes there. How will this effect groundwater, because most people have well water. All the land that is adjacent to my property at 3333 S. Webb Road is farmland, except for Mr. Watson's that is commercial, then single-family, then commercial -- a church, then single-family home. It was divided up strange 10 years ago. How many times is this allowed to have this zoning change or conditional use to be requested? JIM HARDEN, 3300 S. Webb Rd., Wichita, KS 67210 I live directly across the street from the proposed cemetery. I have talked to Mr. Watson before, and he seems like a pretty nice guy. I am not sure why we can't come to some sort of agreement with this thing. He does not live on the property. He does not live in the area. We do. I feel the proposed cemetery does not fit within a residential area, and it would be detrimental. Proposed buyers would not want to be next to or live close to a cemetery, as we do not. Not many restaurants, day cares, grocery stores for example would want to be next to a cemetery either. We had not planned on or had in mind a cemetery as a view looking out of our front door. We knew the corner was zoned "LC" Limited Commercial, and thought some day a restaurant, gas station, or Wal Mart or Quik Trip would go in there. Traffic will be a problem. It already is a problem on Webb Road because of all the people moving to the suburban area. My next door neighbor does not have rural water. It costs about $2,900 just to get the line across the street, so he still has well water. The way the water runs from the west to the east, from the cemetery to our properties. STEPHEN A. FLEMONS, 2327 Brandon Circle, Wichita KS 67226/grandmother address Clarissa L. Flemons, 1322 N. Minnesota, Wichita, KS 67214 My grandmother purchased this property several years ago. She is in the audience today, but because of a stroke, she will not be standing up here today. My name is also on the property. I think a cemetery would bring down the property values in the surrounding area. We own the 10 acres directly west of the funeral home. I don't think this is a good idea, and it might not bring other business out here. DUNLAP Do you have a plan for your 10 acres? Are you living on it now? FLEMONS No, last year I had the land disked by a local farmer, and we were going to put hay on the property and sell the hay. I don't live there, and there is not a house there. It is just a 10-acre plot right now. BARFIELD I think the last time this came up your Aunt spoke and said that your grandmother had plans to build on that property. FLEMONS We are still thinking these over and may develop, but I don't want to live across from a cemetery. ROBERT LUPTON, 3835 S. Webb, Wichita, KS 67210 I have 15 acres there. Part is residential, and the other part is agriculture. My concern is the groundwater. They got away with putting a septic system in there, and I wasn't able to. I don't understand that. I had to get a lagoon. DOUGLAS WATSON First of all, I don't live there, but I do have three-quarter million-dollar investments there, and I spend a lot of time out there, and my vehicle is there almost every night. The septic system was approved because the ground passed the percolation test, but it is only for the restrooms. The embalming room is pumped into a tank, and then it is pretreated and taken to a sanitation facility. The Flemons to the west, I know that you disked it once for hay, but as of this year you haven't done anything to your property. I want to provide something that will increase the value. If you look at housing development such as White Tail, which is right across from Lake View Cemetery, Kensington Gardens is right at 21st and Greenwich, Rest Haven, etc. I want to be a good neighbor, but I also want to provide something that will increase the value of that corner. It is already zoned "LC" Limited Commercial except for this little bit, and I would like to get that cleaned up so we can move ahead. SHERMAN There seems to be concern about the view and the landscaping. Can you address that more specifically? WATSON As you can see, the funeral home is on the northeast corner, and all along Webb Road we are thinking about instead of doing the small waterfall and pond, actually putting a pond across the front with fountains. We also have a lot of trees that we will put along 31st Street. SHERMAN In looking at your landscaping plan, all three of the persons who were concerned about the landscaping, what will they first see when they look out? Are they going to see the trees or are they going to see burial plots and headstones when you get done landscaping? WATSON You will see the trees. SHERMAN Are they going to be a low hedge or a high hedge? WATSON Obviously we are not going to put a wall of trees so that you can't see anything. You are going to be able to see through the trees, and yes you will see headstones. It is a cemetery. We will have a gazebo, a lake, a circular park like situation, and a waterfall. Our business is growing, and I have a major investment in it, and I will be proud to put my name on this. WARNER Are you going to do this landscape in stages, or what is your time schedule? WATSON The first stage will be the perimeter, because that is what will be what catches peoples eye the most as they drive by. BARFIELD The statement that is attributed to you that as you put in burial plots the land that Mrs. Flemons owns will be worth little or nothing, would that be an admission then that your development would have a detrimental effect on neighboring properties? WATSON I don't think so. Again, I reference Whitetail, which is an upscale community directly across from Lake View, and Lake View is a wide-open cemetery. Some of those homes are approaching $500,000 to $1,000,000. The problem with the property to the south of me that is owned by Linda and the Flemons is there is a floodway through there, so this floodway will be a problem with building. So if a floodway that cuts through your property, you are limited to what you can build because you can't build in a floodway. MITCHELL What is the width of the west strip that you are asking for the change in zoning on? KNEBEL The west strip is about 62 feet. The south strip is about 145 feet. MITCHELL How much of west strip would be occupied by your landscaping plan? WATSON At least 20-30 feet away from the property line, because of the trees and the shrubs that we are going to put there. You can't butt up right next to the property line, so we will come back from that. GAROFALO Would you show on the map the application area for the Conditional Use? WATSON Points to the map showing a narrow strip around the west and south edge of the overall property. GAROFALO Whether your Conditional Use is approved or not, do you plan on going ahead with the cemetery on the property already zoned "LC"? WATSON Yes. MOTION: To approve, subject to staff comments and citing the findings in their report. WARNER moved, MITCHELL seconded the motion, and it carried (11-0). --------------------------------------------------- 10a. Case No.: CUP2004-17 DP276 (Associated with ZON2004-30) – Young Men's Christian Association of Wichita, c/o Dennis Schoenebeck (owner); MKEC Engineering Consultants Inc, c/o Greg Allison (agent) Request Creation of The Northwest YMCA Community Unit Plan; and 10b. Case No.: ZON2004-30 (Associated with CUP2004-17 DP276) - Young Men's Christian Association of Wichita, c/o Dennis Schoenebeck (owner); MKEC Engineering Consultants Inc, c/o Greg Allison (agent) Request Sedgwick County Zone Change from "SF-20" Single-family Residential to "LC" Limited on property described as; A tract of land in the South Half of the Southeast Quarter of Section 2, Township 27 South, Range 2 West of the 6th P.M., Sedgwick County, Kansas, described as follows: Beginning a the Southeast corner of said Southeast Quarter; thence S 88 degrees 37'28" W on a Kansas South Zone Grid Bearing along the South line of said Southeast Quarter, 1610.93 feet; thence N 00 degrees 43'52" W, parallel with the East line of said section, 609.35 feet; thence S 88 degrees 37'28" W, parallel with the South line of said section, 308.47 feet; thence N 00 degrees 43'52" W, parallel with the East line of said section, 704.11 feet; thence N 88 degrees 33'52" E, along the North line of the South Half of said Southeast Quarter, 1919.42 feet to the sixteenth corner on the East line of said Southeast Quarter; thence S 00 degrees 43'52" E, along the East line of said Southeast Quarter, 1315.46 feet to the point of beginning. Generally located at the northwest corner of 21st Street North and 135th Street West. BACKGROUND: The applicant is requesting to create a 49-acre C.U.P with seven parcels located at the northwest corner of 21st Street North and 135th Street West. Parcel 1 (40 acres) is proposed for "LC" Limited Commercial for indoor and outdoor recreational use (excluding golf driving range, pitch and putt, outdoor theater and amusement rides), personal improvement service such as instructional services and hobby classes and day care. Parcel 4 (1.56 acres), 5 (1.99 acres) and 6 (1.39 acres) also are proposed for "LC" and would permit indoor and outdoor recreation activities like those permitted in Parcel 1. Parcel 4 abuts 21st Street North but is adjacent to Parcel 1 intended to be the main YMCA site. Parcels 5 and 6 also are adjacent to Parcel 1. Recreational uses are requested for these parcels as potential expansion of the YMCA facility or for similar compatible uses. The remaining three parcels are Parcel 2 (1.50 acres), 3 (1.47 acres) and 7 (1.26 acres). Recreational uses are not requested for these parcels. Parcels 2-7 would prohibit all residential uses except assisted living. Other prohibited uses would be: adult entertainment; asphalt and concrete plant, correctional placement residence; group home; private club; recreational vehicle campground; tavern and drinking establishment; vehicle and equipment sales, outdoor; vehicle repair, limited; vehicle storage yard. Drive-through windows would be prohibited within 150 feet of residential zoning districts and facing the arterial streets. The C.U.P. provides landscaping requirements for a landscaped street yard, parking lot landscaping and buffering. It requires screening and setbacks per the Unified Zoning Code requirements. Cross-lot and pedestrian circulation is required. Maximum building coverage is requested as 30 percent; maximum gross floor area as 35 percent. The presence of a large drainage requirement and anticipated use of the majority of the property for outdoor recreation spaces makes it unlikely to achieve this level of development. Maximum building height is requested as 80 feet for Parcels1 and 5, with Parcel 1 being allowed to be more if setbacks exceed minimum requirements. Building heights for other parcels would be 35 feet. Parcels 2 through 7 would have architectural compatibility. Parcels 2 and 7 located across from the residential areas to the east would have additional requirements to avoid visibility of rear service areas, parking lots, drive-through windows, and overhead doors from the residences. Freestanding signs would be limited to 20 feet in height on 21st Street North and 12 feet in height on 135th Street West and 100 square feet in size, spaced a minimum of 150 feet apart. Billboards and portable signs would be prohibited. Lighting for outdoor activities would have to be turned off by 10:00 p.m. Window signage would be limited to 25 percent. The site is currently in agricultural use and is traversed by Dry Creek. A major part of the property is in the floodway and/or floodplain. Many of the sports fields would be located in the floodplain and a large drainage detention facility/pond is proposed for the northeast part of the C.U.P. The property to the north and west is in suburban estates or agricultural use. Forest View Addition is located to the east of 135th Street West. The residential lots in this subdivision are about two-third to three-fourth of an acre in size. The property south of 21st Street North is in similar sized residential lots. Also, a church is located south of the main parcel and the property to the west of the existing church is held as another church site. All of these properties are zoned "SF-20". The property to the southeast of the intersection is zoned "LC" and "SF-5" and is developed by the city of Wichita for utility purposes. CASE HISTORY: The property is unplatted. ADJACENT ZONING AND LAND USE: NORTH: "SF-20" Agriculture, suburban residential SOUTH: "SF-20"; "LC"; "SF-5" Church, suburban residential, utility EAST: "SF-20" Single-family residential WEST: "SF-20" Agriculture, suburban residential PUBLIC SERVICES: Currently, 21st Street North is improved as a two-lane arterial street. The C.U.P. proposes four openings on 21st Street North (three full movement and one right-in/right-out), and two openings on 135th Street West (one full movement and one right-in/right-out). Other normal public services are not yet extended to the site. The C.U.P. states that occupancy permits shall not be issued until municipal water sewer services are available. 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 this area as appropriate for "low density residential". Commercial Objective III.B encourages future commercial areas to "minimize detrimental impacts to other adjacent land uses", with Strategy III.B.1 seeking to channel new strip commercial uses to areas identified on the "Wichita Land Use Guide", and Strategy III.B.2 seeking to integrate out parcels to planned centers through shared internal circulation, combined signage, similar landscaping and building materials, and combined ingress/egress locations. The Commercial Locational Guideline #3 of the Comprehensive Plan recommends that commercial sites should be located adjacent to arterials and should have site design features that limit noise, lighting, and other activity from adversely impacting surrounding residential areas. The proposed C.U.P. is in conformance with the Comprehensive Plan commercial objective/strategies and land use locational guidelines for minimizing detrimental impacts and planned development, but expands the limits of commercial use beyond that shown on the Land Use Guide. RECOMMENDATION: The proposed C.U.P. represents a big step forward in pushing commercial development to the edge of the existing urbanized area. Major drainage issues related to Dry Creek encumber the property. In terms of C.U.P. development provisions, this C.U.P. is unusual in orienting the development pattern around a proposed major recreation facility with indoor and outdoor uses. The C.U.P. softens the impact of the C.U.P. on the eastern edge through building design, buffering and use restrictions. Based on these factors, plus the information available prior to the public hearing, staff recommends the request be APPROVED subject to platting within one year and subject to the following conditions: A. APPROVE the zone change (ZON2004-00030), subject to platting of the entire property within one year; B. APPROVE the Community Unit Plan (DP-276), subject to the following conditions: 1. General Provision #3: Clarify that the uses permitted by the C.U.P. are only those uses permitted by right and not by Conditional Use unless specifically identified. 2. Add General Provision #3.e. Prohibit convenience store and service station except on Parcels 3 and 4. 3. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 4. The transfer of title of all or any portion of the land included within the Community Unit Plan does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land for commercial development and be binding upon the present owners, their successors and assigns, unless amended. 5. All property included within this C.U.P. and zone case shall be platted within one year after approval of this C.U.P. by the Governing Body, or the cases shall be considered denied and closed. The resolution establishing the zone change shall not be published until the plat has been recorded with the Register of Deeds. 6. Prior to publishing the resolution establishing the zone change, the applicant(s) shall record a document with the Register of Deeds indicating that this tract (referenced as DP-2746) includes special conditions for development on this property. 7. The applicant shall submit 4 revised copies of the C.U.P. to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The property to the north and west is in suburban estates or agricultural use. Forest View Addition is located to the east of 135th Street West. The residential lots in this subdivision are about two-third to three-fourth of an acre in size. The property south of 21st Street North is in similar sized residential lots. Also, a church is located south of the main parcel and the property to the west of the existing church is held as another church site. All of these properties are zoned "SF-20". The property to the southeast of the intersection is zoned "LC" and "SF-5" and is developed by the city of Wichita for utility purposes. 2. The suitability of the subject property for the uses to which it has been restricted: "SF-20" Single-family Residential remains a realistic use for part of the property. The northern half of the site that is in the floodway is not suitable for any development and the portion in the floodplain is not suitable for residential use. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The development will change the complexion of use along the western edge of Wichita. This could become a major activity node. The presence of commercial use across 135th Street West could affect the residential development in Forest View Addition, but many of the C.U.P. provisions (buffer, lowered sign heights, some restrictions on building orientation and materials, use restrictions) are designed to mitigate the impact. Drainage issues have already received scrutiny and will continue to need intense scrutiny in the platting phase to prevent flooding impacts both downstream and upstream. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The "Wichita Land Use Guide, as amended 1/02" of the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for "low density residential". Commercial Objective III.B encourages future commercial areas to "minimize detrimental impacts to other adjacent land uses", with Strategy III.B.1 seeking to channel new strip commercial uses to areas identified on the "Wichita Land Use Guide", and Strategy III.B.2 seeking to integrate out parcels to planned centers through shared internal circulation, combined signage, similar landscaping and building materials, and combined ingress/egress locations. The Commercial Locational Guideline #3 of the Comprehensive Plan recommends that commercial sites should be located adjacent to arterials and should have site design features that limit noise, lighting, and other activity from adversely impacting surrounding residential areas. The proposed C.U.P. is in conformance with the Comprehensive Plan commercial objective/strategies and land use locational guidelines for minimizing detrimental impacts and planned development, although it conflicts with the Comprehensive Plan designation for "low density residential" use. 5. Impact of the proposed development on community facilities: Traffic increases from the development should be addressed by accel/decel, possible left-turn lane and possible signalization, but the dramatic change in traffic will still be highly visible. The development will increase pressure to make permanent improvements to 21st Street North in particular. MILLER The folks that are here that are not part of the application have asked if the applicant would agree to a deferral. KEN KALLENBACH, MKEC, 411 N. Webb Rd., Wichita, KS 67206 We want to go ahead and proceed. DONNA GOLTRY Planning staff I want to call attention to the fact that you have a handout. It is some proposed changes to General Provision #9E & #9J and both of these changes are in regard to signage. Also, there is an error in the staff report in terms of public services. There is only one opening shown on 135th Street West and that would be the opening that would be located between Parcel 2 and Parcel 7. Based on the research that we have done on the case, the issues that have come to the forefront, there is a signific