METROPOLITAN AREA PLANNING COMMISSION MINUTES December 8, 2005 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on December 8, 2005, at 1:30 P.M., in the Planning Department Conference Room, 10th floor, City Hall, 455 North Main, Wichita Kansas. The following members were present: Harold Warner Jr., Chair; Darrell Downing Vice-Chair; John W. McKay Jr.; Bill Johnson; Bob Aldrich; M.S. Mitchell; Don Anderson (Out @ 4:30); Denise Sherman; Bud Hentzen (Out @ 2:00); Ronald Marnell; Hoyt Hillman and Morris K. Dunlap. Staff members present were: John L. Schlegel, Secretary; Dale Miller, Current Plans Manager; Donna Goltry, Principal Planner; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Jess McNeely, Senior Planner; David Barber, Advanced Plans Manager and Rose Simmering, Recording Secretary. -------------------------------------------------- 1. Approval of November 17, 2005 meeting minutes. MOTION: To approve the November 17, 2005 meeting minutes. HILLMAN moved, JOHNSON seconded the motion, and it carried (11-0-1) MCKAY abstains. --------------------------------------------------- SCHLEGEL There are two items, CUP2005-64 and DP292 ZON2005-51 The Waterwalk Community Unit Plan that will not be heard today. That item has been withdrawn and it was advertised to be heard today but will not be heard, and it has been withdrawn. Also, CUP2005-63 ZON2005-74 The Cedar Creek Marketplace CUP, Item 15 on our Agenda today, that item has been deferred to December 22, 2005, and if you are here for that Item today it has been deferred. --------------------------------------------------- ? SUBDIVISION ITEMS 2. Consideration of Subdivision Committee. 2-1. SUB 2005-121: Final Plat -- REED'S COVE 4th ADDITION, located on the east side of 127th Street East and south of 21st Street North. NOTE: This is a replat of Lots 39 and 40, Block 1, Reed's Cove Addition. STAFF COMMENTS: A. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. The applicant shall contact Debt Management regarding the need for submission of a respread agreement for existing improvements. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering has requested a lot-grading plan. Revisions to the drainage plan are requested. D. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. E. Since this is a replat of a previous Addition involved with the ownership and maintenance of reserves for that Addition, but not being replatted by this Addition, the above covenants and/or other legal documents shall be provided which provides for this Addition to continue to share in the ownership and maintenance responsibilities of any such previously platted reserves. F. For those reserves being platted for drainage purposes, the required covenant, which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. G. The Applicant shall guarantee the paving of the proposed streets. H. The applicant shall submit a covenant, which provides for four (4) off-street parking spaces per dwelling unit on each lot, which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. I. At the terminus of Shadybrook Ct, the Applicant has platted a 20-ft building setback, which represents an adjustment of the Zoning Code standard of 25 feet for the SF-5, Single-Family Residential District. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission. J. GIS needs to comment on the plat's street names. The street names are approved. K. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. L. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. M. The applicant shall install or guarantee the installation of all utilities and facilities, 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.) N. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. O. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. P. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Q. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. R. Perimeter closure computations shall be submitted with the final plat tracing. S. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. T. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. U. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. MOTION: To approve subject to Staff and Subdivision Recommendations. DUNLAP moved, JOHNSON seconded the motion, and it carried (12-0). --------------------------------------------------- 2-2. SUB 2005-87: Final Plat -- CENTRAL DEVELOPMENT ADDITION, located on the north side of Central and west of 127th Street East. A. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering needs to comment on the status of the applicant's drainage plan. Revisions to the drainage plan are needed. D. Complete access control has been platted along Central frontage. The location of the street openings has been approved. E. The Subdivision Committee has approved the preliminary plat with Reserve C for an emergency access easement for connection to the north. The applicant shall guarantee the paving of the emergency access easement to fire department standards. F. The Applicant shall guarantee the paving of the proposed streets. The guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac streets. G. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA- NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed. H. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. I. This covenant shall also provide for the Homeowners' Association to maintain the "parking strip" located between this site's south property line and driving surface for Central. J. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the 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. K. The applicant shall submit a covenant, which provides for four (4) off-street parking spaces per dwelling unit on each lot, which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. L. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for Lots 6-8, Block 1. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. A modification has been approved. M. GIS needs to comment on the plat's street names. Plymouth shall be replaced with Troon or Stratford Row. Plymouth Ct shall be replaced with Stratford Ct. N. Street right-of-way dimensions need to be shown. O The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. P. 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. Q. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) R. 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. S. 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. T. 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. U. 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. V. Perimeter closure computations shall be submitted with the final plat tracing. W. Recording of the plat within 30 days after approval by the City Council and/or County Commission. X. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. Westar Energy has requested additional easements. Y. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. STRAHL The major issue last week at Subdivision Committee was a street connection from the proposed site to the Balthrop 4th Addition to the north. When Balthrop 4th Addition was approved, a plat condition was for a future connection through that site to Central to provide a secondary access in addition to the major access, which is over here to the west. The Subdivision Regulations do require the connection of existing streets to the surrounding area, and we do encourage these linkages between subdivisions. As explained in Item E, of the staff report, the Subdivision Committee did require a connection between these two subdivisions, however the connection was an emergency access easement with a gate to be within Reserve C. Traffic Engineering requested that the connection be an outright dedication of right-of-way instead of an emergency access easement, and Traffic Engineering wishes that to be a public street. Traffic Engineering is here today to appeal the decision of the Subdivision Committee, and Paul Gunzelman is here to address the Commission in that regard. WARNER Does that mean that if it is a public street it can't be gated? STRAHL That is correct. HILLMAN Did you receive under Item C, the drainage plan? STRAHL I have not been informed that has been resolved as of yet, but normally we would take care of that before we proceed to City Council. MCKAY What is the size of the lots on either side of this area? STRAHL I think they appear to be in the 8,000 square feet range. MCKAY I mean the width of the lots. STRAHL It appears to be about 85 feet. ALDRICH Could you repeat what you just said about Item E of the staff report, where Traffic Engineering and staff want that open as a street, is that correct? STRAHL That is correct. HENTZEN Was the Traffic Engineer available at the Subdivision Committee meeting? STRAHL Yes, they were available and voiced their opposition, and they are back here today to appeal. PAUL GUNZELMAN Traffic Engineer, As Neil said that when Balthrop 4th was platted in 1995 they did provide for a connection to the south, and that is what I would like, and I would like the plat approved with that public connection and not be gated. To my knowledge we haven't gated any public streets, and since these are both public I would like to keep that open. We did have one gate in southeast Wichita with two public streets, and that was removed in 2001. I would like to do as we have done in the past, connecting the two subdivision together with a public street. WARNER Is the opposition from the developer or from the neighbors to the north? GUNZELMAN From the developer, I believe. DUNLAP Where we are talking about this going up to the north joins with a street that is already up there right? GUNZELMAN Yes, it does. DUNLAP That street that is already up there is a standard width? GUNZELMAN It is a little narrower than a standard width. DUNLAP Will we be requiring some reduction in the property owned by the people up there in order to make it standard width? GUNZELMAN I would be okay with connecting this up to match the existing standard width. DUNLAP If it is narrower than standard width to the north, this is going to be wider? GUNZELMAN I would match this pavement to the north. MARNELL As far as what street would be constructed would it still meet the Wichita Street Standards, the street itself not the right-of-way? GUNZELMAN It would be, I believe, that is it would be narrow pavement and we would not allow parking. CHRIS BOHM, RUGGLES AND BOHM, 924 N. Main, Wichita, KS 67203 We submitted this plat as a sketch plat probably 5-6 months ago, and what we had done before we submitted that was to talk to Fire Department, Traffic and everyone, first of all, to eliminate that connection completely. Through the course of those discussions it was very clear that we needed the connection, and we are fully in agreement to connect the roads. We submitted the sketch plat with the express purpose of dealing with this issue of dealing with the Reserve and the gate at that time, and the developer has moved forward through preliminary plat and final plat in good faith that this would be the case. Whitetail Street to the north, in Balthrop, is platted as a 32-foot right-of-way. It was a backdoor right-of-way, and this subject property had been proposed as a commercial development back at the time of the platting of Balthrop Addition. So accommodations could have been made for some traffic control as we approach Central with that development, and over the time that ground sold, and we have before you the plat that we are asking for today. If you look at the Balthrop 4th and Preston Trails they have three points of access, two out to Greenwich Road, and one to the south down to Central. Each of those three entrances are single fronted, very long entrances with a Reserve on the opposite side. The entrance south on Central is about a 1,000 feet long, and restricted to three entrances, and has a terrific way of stacking traffic that would approach Central. We feel we have met every item of this plat, and we ask you approve the plat as a Reserve crossing between the two Whitetail Streets. TIM BUCHANAN, RRT, LLC, 7303 E. 21st Street North, Suite 110, Wichita, KS 67206 I would like to correct one piece of information that was stated. The gate was proposed as a result of a request of the people that live to the north. There were homeowners at our previous meetings, and this street design was created with the assumption with the approval of the gate was going to continue. The homeowners would have been here today had they thought the decision from before was going to be reversed. The gate is there partially as a result of the request from the homeowners to the north that don't want all this traffic coming past their houses, particularly the ones that live right on the connecting street. MCKAY Could we hear from somebody that is on the Subdivision Committee that heard this in detail? DOWNING I can give you a little information. We discussed this last week and the request was made by the Traffic Engineer to open that to a full street, and we also had discussion with the Fire Department and with the Police Department, and they were comfortable with the locked gate, and so we chose to go with the gate as was requested. MARNELL I saw the vote on this was approved (4-0), and the number of members had shown to be more. Did someone abstain from voting? DOWNING No one abstained. I don't recall if it was early or not but I think 4 or 5 was all that were in attendance. MITCHELL I agree with the applicant. I was here on the sketch plat hearing, and the neighbors did appear and did not want that connection made partially on the basis that they had been there all these years without it, and there didn't appear to be any traffic problems, and for the two owners of the adjacent lots they felt that they had been somewhat promised this condition that they had of having that narrow connection for their side load garages without it being a street. One other thing that we learned last week was that the pavement that comes from the north doesn't extend clear to the property line. There is also a box culvert going under this area so it is a very unusual situation. I for one supported the recommendation, and would do so again today. MOTION: To approve subject to the Subdivision Committee Recommendation. MITCHELL moved, MCKAY seconded the motion, and it carried (12-0). --------------------------------------------------- 2-3. SUB 2005-109: Final Portion of Overall Preliminary Plat -- EMERALD BAY ESTATES ADDITION, located on the west side of West Street and north of 21st Street North. NOTE: This site is located in the County adjoining Wichita's city limits and annexation is required. The site is currently zoned SF-20, Single-Family residential and will be converted to SF-5, Single-Family Residential upon annexation. An overall preliminary plat was approved for the site in October 2005. This first phase – which covers the northern portion of the overall preliminary plat – is consistent with the preliminary plat in regards to number and size of lots, and street layout. STAFF COMMENTS: A. Prior to this plat being scheduled for City Council review, annexation of the property will need to be completed. Upon annexation, the property will be zoned SF-5, Single-Family Residential and allow for the lot sizes being platted. B. The applicant shall guarantee the extension of sanitary sewer (main and laterals) and City water (main and laterals) to serve the lots being platted. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. E. Traffic Engineering has requested a petition for future decel lane. F. Traffic Engineering needs to comment on the access controls. The plat proposes one street opening to West Street. Complete access control is platted along the perimeter street frontage. The plat should be redesigned to develop storage for traffic at West Street access off Emerald Bay. The street opening along West Street has been relocated southward in accordance with the request of Traffic Engineering. G. City Fire Department has required a second point of access from West Street. The applicant has agreed on an emergency access in accordance with Fire Department standards. An emergency access easement shall be established by separate instrument. The text of the instrument shall indicate the type of driving surface to be installed and address installation and maintenance. Standard gating and signing are required per City/County Fire Department standards. H. The Applicant shall guarantee the paving of the proposed streets. The guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac streets. I. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. J. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the 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. K. Since Reserve D includes a swimming pool, a site plan shall be submitted with the final plat, for review and approval by the Planning Director. The site plan shall include the information indicated in the Subdivision Regulations. Otherwise a conditional use and public hearing will be needed in the future. The design for the pool must be submitted to Environmental Services for review prior to issuing a building permit for the pool. L. This property is within a zone identified by the City Engineers' office as likely to have groundwater at some or all times within 10 feet of the ground surface elevation. Building with specially engineered foundations or with the lowest floor opening above groundwater is recommended, and owners seeking building permits on this property will be similarly advised. More detailed information on recorded groundwater elevations in the vicinity of this property is available in the City Engineers' office. M. GIS needs to comment on the plat's street names. Paradise Cir shall be denoted as Paradise Ct. Bayside Cir shall be denoted as Bayside Ct. N. The applicant shall submit a copy of the instrument, which establishes the pipeline easements on the property, which verifies that the easements shown are sufficient and that utilities may be located adjacent to and within the easements. Any relocation, lowering or encasement of the pipeline, required by this development, will not be at the expense of the City of Wichita. O. The applicant's agent shall determine any setback requirements for the pipelines by researching the text of the pipeline agreements. If a setback from the pipeline easements is provided for in the pipeline easement agreements, it shall be indicated on the face of the plat. P. The recording information for all pipeline easements shall be indicated on the face of the plat. Q. The applicant should acquire permission from the gas company for the public street crossing. R. The applicant is advised that the plat for the second phase of development should include the right-of-way for the diagonal road adjacent to the flood control project. The existing diagonal street is located on flood control right-of-way and may need to be located off the right-of-way. S. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. T. For any lots with existing tree rows that may be impacted by the installation of utilities, it is recommended that 30-ft utility easements be platted in order to allow for the installation of the utilities without damage to such tree rows. U. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. V. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) W. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. X. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Y. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Z. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. AA. Perimeter closure computations shall be submitted with the final plat tracing. BB. Recording of the plat within 30 days after approval by the City Council and/or County Commission. CC. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. DD. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. MOTION: To approve subject to the Staff and Subdivision Recommendation. DUNLAP moved, MCKAY seconded the motion, and it carried (12-0). --------------------------------------------------- 2-4. SUB 2005-118: Final Plat -- BLACKSTONE ADDITION, located east of 151st Street West and on the north side of 13th Street North. NOTE: This site is located in the County adjoining Wichita's city limits and annexation is required. The site is currently zoned SF-20, Single-Family Residential and will be converted to SF-5, Single-Family Residential upon annexation. STAFF COMMENTS: A. Prior to this plat being scheduled for City Council review, annexation of the property will need to be completed. Upon annexation, the property will be zoned SF-5, Single-Family Residential and allow for the lot sizes being platted. B. The applicant shall guarantee the extension of sanitary sewer (main and laterals) and City water to serve the lots being platted. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. City Engineering has requested an offsite drainage easement. The drainage plan has been approved. E. County Public Works requests the annexation of 13th St. North. F. County Engineering requests the applicant verify that the floodplain to the west does not encroach into the plat. G. Traffic/County Engineering has requested a petition for paving of 13th St. North to the west line of the plat. Traffic Engineering has requested left turn lanes. H. The plat proposes one street opening to 13th St. North. Complete access control is platted along the perimeter street frontage. Access controls are approved. I. The Applicant shall guarantee the paving of the proposed streets. The guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac streets. J. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA-NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed. K. County Engineering has requested that the plattor's text should include language that protects the public from cost of reconstructing improvements in Reserve A. L. Since Reserve C includes a swimming pool, a site plan shall be submitted with the final plat, for review and approval by the Planning Director. The site plan shall include the information indicated in the Subdivision Regulations. Otherwise a conditional use and public hearing will be needed in the future. Department of Environmental Health also advises of the need for plan review prior to licensing of the pool. M. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. N. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves 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. O. The applicant shall submit a covenant, which provides for four (4) off-street parking spaces per dwelling unit on each lot, which abuts a 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. P. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for Lot 10, Block B. The modification has been approved. Q. GIS needs to comment on the plat's street names. The street names are approved. R. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. S. For any lots with existing tree rows that may be impacted by the installation of utilities, it is recommended that 30-ft utility easements be platted in order to allow for the installation of the utilities without damage to such tree rows. T. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. U. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) V. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. W. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. X. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Y. The owner of the subdivision should 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. Z. Perimeter closure computations shall be submitted with the final plat tracing. AA. Recording of the plat within 30 days after approval by the City Council and/or County Commission. BB. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. SBC has requested additional easements. CC. A compact disc (CD), which will be used by the City and County GIS Departments, detailing the final plat in digital format in AutoCAD. If a disc is not provided, please send via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov. Please include the name of the plat on the disc. STRAHL This is the Blackstone Addition. The site adjoins the City of Wichita to the east, and it will need to be annexed. 13th Street North to the south is still a county road. At last weeks Subdivision meeting, County Engineering requested a paving petition for 13th Street North to the west line of the plat. The paving would need to begin from the nearest paved segment, which would be from the Cheryl's Hollow Addition to the east, extending to the site, and the applicant last week objected stating his desire to pave only from the east segment to the entrance of the plat which is at this location right here. The Subdivision Committee agreed with the County Engineering recommendation and paving was required to the west line of the plat. The applicant is here today to appeal that issue, and we also have Jim Weber, Deputy Director of Public Works, in attendance. PHIL MEYER, BAUGHMAN COMPANY, 315 ELLIS, WICHITA, KS 67211 We are appealing the decision on this plat that we pave to the west line of the plat. It is more of a principal issue from our point of view. The present policy that has been in affect for 4-6 years that anytime there is a subdivision that is adjacent to an unpaved arterial road the developer is responsible, at his expense, to bring a two-lane asphalt road to the entrance of the subdivision. The reason that policy is written to the entrance is because you never know how far off-site you have to go to get pavement. Sometimes you go a 1/8 or 1/2 mile. This particular developer when he did another plat to the east of this went about 3/4 a mile and put down asphalt pavement. The deal is the developer brings two lanes of asphalt to his entrance, and we are concerned about requiring a developer to go to the west line of the plat, or the east line of the plat, or to the other end of the plat, when the policy states that you are to go to the entrance. We are requesting the Planning Commission to follow the policy and support our request that we pave to the entrance of the plat. JIM WEBER, DEPUTY DIRECTOR COUNTY PUBLIC WORKS What we have is a situation where the City has a policy that requires them to pave it only to the entrance. The street is still in the county. The recently approved Arterial Paving Policy is part of the Urban Fringe Development package, and would have required if this plat was separated from the city limits by 10 feet, would have required them to participate and bring pavement all the way across the pavement. So we brought it up as an issue for consideration by the Subdivision Committee just because they are in conflict, and we at Subdivision Committee needed to make a decision to use the City standard or adopt a higher standard. WARNER When this is completed will this subdivision be annexed into the City? WEBER They will have to annex it to get their zoning. WARNER Will the street be in the city at that time? WEBER We have also requested that they annex the street as part of the platting requirements. There is a statue on the books that requires them to annex the adjacent street. HILLMAN At this time the property is in the County? WEBER The property is in the County until they apply for and get their annexation. MITCHELL Part of the recommendation that I made to the Subdivision Committee that it be paved to the west end of the plat is not so much based on the conflict of the two policies as, it was my position, that because the west edge of the plat is the floodway line of Dry Creek, and my memory was that floodway line would extend generally south and southeast thereby making it difficult to get another area to be developed to the south that would then trigger the pavement of the rest of that section line road. When I went back and looked at the flood map, I was wrong. The floodplain line turns and runs parallel to 13th Street so almost all of the land south of this plat is available for development. I would assume, at some reasonable time, would be developed and pavement would be extended on the basis of that. I withdraw my recommendation to the Subdivision Committee that it be extended to the west line of the plat based on an erroneous assumption that the floodway would affect the development. MCKAY I would like to ask some members of the Subdivision Committee if their decision was made based upon Mitch's information. DOWNING I think I can speak, and yes, I do think that did influence us to some degree. We were concerned about not being able to extend that pavement out to the west edge of the plat, and along with Mr. Mitchell had I known the location and direction of the creek, I would not have voted to extend the concrete past the entrance into the subdivision. MOTION: To approve subject to the City of Wichita policy and require pavement to entrance of the plat. MITCHELL moved, DOWNING seconded the motion, and it carried (12-0). --------------------------------------------------- 2-5. DED 2005-27: Partial Dedication of Abutter's Access Rights (Access Control), located on the southwest corner of Maple and Maize Road. APPLICANT: Thomas R. Morris, President of Downing-Lahey, Inc., 6555 E. Central, Wichita, KS 67206 AGENT/SURVEYOR: Baughman Company, P.A. 315 Ellis, Wichita, KS 67211 LEGAL DESCRIPTION: A portion of Lot 1, Block 1, Summerfield III Commercial Addition, Wichita, Sedgwick County, Kansas, described as beginning at the eastern most northeast corner of Lot 1; thence S08° 17'12" E, along the east line of Lot 1, 101.12 feet to a deflection point in the east line of Lot 1; thence S 00°14'39" W, along the east line of Lot 1, 119.94 feet to a point in the north line of Lot 6, Block 1, Lexington Addition, Wichita, Sedgwick County, Kansas; thence S90° 00'00"W, along the north line of Block 1, in Lexington Addition, 231.40 feet; thence 00°14'39"E, parallel with the east line of Lot 1, 112.40 feet; thence N90°00'00"E, parallel with the north line of Lot 1, 20.00 feet; thence N00°14'39"E, parallel with the east line of Lot 1, 22.50 feet; thence N90°00'00" E, parallel with the north line of Lot 1, 15.00 feet; thence N00°14'39"E, parallel with the east line of Lot 1, 85.10 feet, to a point on the eastern most north line of Lot 1, as extended west; thence N90°00'00" E, along the eastern most north line of Lot 1, 181.40 feet to the point of beginning. PURPOSE OF DEDICATION: This dedication is associated with a lot split case (SUB 2005-99), and is being dedicated for complete access control, except for one opening along Maize Road. STAFF RECOMMENDATION: Accept the Dedication. MOTION: To approve subject to Staff and Subdivision Recommendation. DUNLAP moved, JOHNSON seconded the motion, and it carried (12-0). --------------------------------------------------- 2-6. A) DED 2005-28: Dedication of a 20-Foot Utility Easement; and B) DED 2005-29: Dedication of a Drainage Easement, located north of Kellogg and west of Ridge Road. A) DED 2005-28: Dedication of a Utility Easement and B) DED 2005-29: Dedication of a Drainage Easement for property located north of Kellogg and west of Ridge Road. APPLICANT: Larry Cook, Cook Construction, LLC, a Kansas Limited Liability Company, 1206 E. Waterman, Ste. 216, Wichita, KS 67211 AGENT/SURVEYOR: Baughman Company, P.A. 315 Ellis, Wichita, KS 67211 LEGAL DESCRIPTIONS: A) That part of Lot 7, Block B, Ridge Plaza Eighth Addition, Wichita, Sedgwick County, Kansas, described as commencing at the southeast corner of Lot 7; thence N03°'58' E along the easterly line of Lot 7, 91.65 feet for a point of beginning; thence continuing N03°58' E along the easterly line of Lot 7, 18.80 feet to a deflection point in the easterly line of Lot 7; thence N14°50' E along said easterly line, 211.52 feet; thence N75°10'W, 231.48 feet; thence S49°49'19" E, 23.59 feet to the point of beginning. B) That part of Lot 7, Block B, Ridge Plaza Eighth Addition, Wichita, Sedgwick County, Kansas, described as beginning at the southeast corner of Lot 7; thence S82°49'45"W along the south line of Lot 7, 144.87 feet to a deflection point in the south line of Lot 7; thence S83°26'46"W along the south line of Lot 7, 25.17 feet; thence N04°27'52W, 129.87 feet; thence S89°39'07"E, 101.86 feet; thence N00°00'E, 104.18 feet; thence N82°44'34"E, 84.07 feet; thence N14°50'E, 238.11 feet; thence N26°50'45"E, 83.14 feet to a point on the northerly line of Lot 7; thence S63°45'E, 30 feet to the easterly most NE corner of Lot 7; thence S26°50'45"W along the east line of Lot 7, 80.30 feet to a deflection point in the east line of Lot 7; thence S14°50'W along the east line of Lot 7, 343.4 feet to a deflection point in the east line of Lot 7; thence S03°58' W along the east line of Lot 7, 110.45 feet to the point of beginning. PURPOSE OF DEDICATIONS: These dedications are associated with a lot split case (SUB 2005-91), and are being dedicated for construction and maintenance of public utilities and for drainage purposes. STAFF RECOMMENDATION: Accept the Dedications. MOTION: To approve subject to Staff and Subdivision Recommendation. DUNLAP moved, JOHNSON seconded the motion, and it carried (12-0). --------------------------------------------------- 2-5. DED 2005-27: Partial Dedication of Abutter's Access Rights (Access Control), located on the southwest corner of Maple and Maize Road. APPLICANT: Thomas R. Morris, President of Downing-Lahey, Inc., 6555 E. Central, Wichita, KS 67206 AGENT/SURVEYOR: Baughman Company, P.A. 315 Ellis, Wichita, KS 67211 LEGAL DESCRIPTION: A portion of Lot 1, Block 1, Summerfield III Commercial Addition, Wichita, Sedgwick County, Kansas, described as beginning at the eastern most northeast corner of Lot 1; thence S08° 17'12" E, along the east line of Lot 1, 101.12 feet to a deflection point in the east line of Lot 1; thence S 00°14'39" W, along the east line of Lot 1, 119.94 feet to a point in the north line of Lot 6, Block 1, Lexington Addition, Wichita, Sedgwick County, Kansas; thence S90° 00'00"W, along the north line of Block 1, in Lexington Addition, 231.40 feet; thence 00°14'39"E, parallel with the east line of Lot 1, 112.40 feet; thence N90°00'00"E, parallel with the north line of Lot 1, 20.00 feet; thence N00°14'39"E, parallel with the east line of Lot 1, 22.50 feet; thence N90°00'00" E, parallel with the north line of Lot 1, 15.00 feet; thence N00°14'39"E, parallel with the east line of Lot 1, 85.10 feet, to a point on the eastern most north line of Lot 1, as extended west; thence N90°00'00" E, along the eastern most north line of Lot 1, 181.40 feet to the point of beginning. PURPOSE OF DEDICATION: This dedication is associated with a lot split case (SUB 2005-99), and is being dedicated for complete access control, except for one opening along Maize Road. STAFF RECOMMENDATION: Accept the Dedication. MOTION: To approve subject to Staff and Subdivision Recommendation. DUNLAP moved, JOHNSON seconded the motion, and it carried (12-0). --------------------------------------------------- 2-6. A) DED 2005-28: Dedication of a 20-Foot Utility Easement; and B) DED 2005-29: Dedication of a Drainage Easement, located north of Kellogg and west of Ridge Road. A) DED 2005-28: Dedication of a Utility Easement and B) DED 2005-29: Dedication of a Drainage Easement for property located north of Kellogg and west of Ridge Road. APPLICANT: Larry Cook, Cook Construction, LLC, a Kansas Limited Liability Company, 1206 E. Waterman, Ste. 216, Wichita, KS 67211 AGENT/SURVEYOR: Baughman Company, P.A. 315 Ellis, Wichita, KS 67211 LEGAL DESCRIPTIONS: A) That part of Lot 7, Block B, Ridge Plaza Eighth Addition, Wichita, Sedgwick County, Kansas, described as commencing at the southeast corner of Lot 7; thence N03°'58' E along the easterly line of Lot 7, 91.65 feet for a point of beginning; thence continuing N03°58' E along the easterly line of Lot 7, 18.80 feet to a deflection point in the easterly line of Lot 7; thence N14°50' E along said easterly line, 211.52 feet; thence N75°10'W, 231.48 feet; thence S49°49'19" E, 23.59 feet to the point of beginning. B) That part of Lot 7, Block B, Ridge Plaza Eighth Addition, Wichita, Sedgwick County, Kansas, described as beginning at the southeast corner of Lot 7; thence S82°49'45"W along the south line of Lot 7, 144.87 feet to a deflection point in the south line of Lot 7; thence S83°26'46"W along the south line of Lot 7, 25.17 feet; thence N04°27'52W, 129.87 feet; thence S89°39'07"E, 101.86 feet; thence N00°00'E, 104.18 feet; thence N82°44'34"E, 84.07 feet; thence N14°50'E, 238.11 feet; thence N26°50'45"E, 83.14 feet to a point on the northerly line of Lot 7; thence S63°45'E, 30 feet to the easterly most NE corner of Lot 7; thence S26°50'45"W along the east line of Lot 7, 80.30 feet to a deflection point in the east line of Lot 7; thence S14°50'W along the east line of Lot 7, 343.4 feet to a deflection point in the east line of Lot 7; thence S03°58' W along the east line of Lot 7, 110.45 feet to the point of beginning. PURPOSE OF DEDICATIONS: These dedications are associated with a lot split case (SUB 2005-91), and are being dedicated for construction and maintenance of public utilities and for drainage purposes. STAFF RECOMMENDATION: Accept the Dedications. MOTION: To approve subject to Staff and Subdivision Recommendation. DUNLAP moved, JOHNSON seconded the motion, and it carried (12-0). --------------------------------------------------- 2-7. DR 2005-15: Street Name Change (From 31st Street North to Toben), located west of Webb Road and north of 31st Street North. APPLICANT: Christian Ablah, c/o Restaurant Webb, LLC, 8200 E. 32nd Street No., Ste. 150, Wichita, KS 67226 LOCATION: West side of Webb Road and South of 37th Street North. LEGAL DESCRIPTION: 31st Street North, beginning at the west right-of-way line of Webb Road extending to Toben (located between Blocks 3 and 4, Mediterranean Plaza Addition REASON FOR REQUEST: Renaming of 31st Street North to Toben for easier identification purposes. CURRENT ZONING: LI, Limited Industrial MOTION: To approve subject to Staff and Subdivision Recommendation. DUNLAP moved, JOHNSON seconded the motion, and it carried (12-0). --------------------------------------------------- ? PUBLIC HEARINGS – VACATION ITEM 3-1. VAC 2005-40: Request to Vacate a Portion of Platted Complete Access Control. APPLICANTS/OWNERS: James & Cheryl Roach AGENT: Terra Tech Land Surveying, c/o Michele Webster LEGAL DESCRIPTION: Generally described as allowing one opening/drive along that portion of Lot 1, Block 3, the First Addition to Bentley Farms, Sedgwick County, Kansas, running parallel to 103rd Street West, that will be redefined by a lot split LOCATION: Generally located south of 101st Street North, at the southwest corner of 103rd Street West and Mariah Street (BoCC District #4) REASON FOR REQUEST: Associated with a lot split, will allow a driveway onto 103rd Street West CURRENT ZONING: The site, all abutting and all adjacent properties are zoned "RR" Rural Residential The applicant has applied for the vacation of a portion of the complete access control along the site's south 29.97-feet of its 103rd Street West frontage, to allow a driveway. An associated lot split, SUB2005-122, will divide Lot 1, Block 3, the First Addition to Bentley Farms, into Parcel 1 and Parcel 2, which is the subject site. This is a County case and there are no water or sewer lines located in the right-of-way. Comments from franchised utilities have not been received and are needed to determine if they have utilities in the ROW. The First Addition to Bentley Farms was recorded with the Register of Deeds June 2, 2000. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate a portion of the platted access control, per the approval of the County Engineer, 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 November 17, 2005 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of platted complete access control 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 complete access control described in the petition should be approved with conditions; 1. Vacate that portion of platted access control along the site's 103rd Street West frontage, as approved by the County Engineer to allow one drive onto 103rd Street West. 2. The lot split, SUB2005-122, associated with the vacation request must be completed and recorded with the Register of Deeds prior to the vacation case going to the BoCC for final action. Provide Planning Staff with a revised legal reflecting the recorded lot split. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 4. All improvements shall be according to County Standards, including any driveways from private property onto public ROW. 5. Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Vacate that portion of platted access control along the site's 103rd Street West frontage, as approved by the County Engineer to allow one drive onto 103rd Street West. (2) The lot split, SUB2005-131, associated with the vacation request must be completed and recorded with the Register of Deeds prior to the vacation case going to the BoCC for final action. Provide Planning Staff with a revised legal reflecting the recorded lot split. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. (4) All improvements shall be according to County Standards, including any driveways from private property onto public ROW. (5) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. MOTION: To approve subject to Staff and Subdivision Recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (12-0). --------------------------------------------------- 3-2. VAC 2005-41: Request to Vacate a Portion of a Platted Utility Easement and the Restriction of Uses in a Platted Reserve. OWNER/APPLICANT: Richard D. Smith AGENT: MKEC Engineering Consultants, c/o Brian Lindebak LEGAL DESCRIPTION: Vacate a portion of a Reserve F & the plat text's restriction of uses in regards to uses allowed in Reserve F, Autumn Chase Addition, Wichita, Sedgwick County, Kansas Vacate the platted 10-foot utility easement located along the south (rear) property line of Lot 4, Autumn Chase Addition, Wichita, Sedgwick County, Kansas LOCATION: Generally located midway between Central Avenue & 13th Street North, west of Webb Road, more specifically southeast of Gatewood and Autumn Chase Streets REASON FOR REQUEST: To allow an addition to single-family residence CURRENT ZONING: Subject property and all abutting and adjacent properties are zoned "SF-5" Single- family Residential. The applicant is requesting consideration for the vacation of a portion of Reserve F that abuts the rear lot line of Lot 4, Autumn Chase Addition and the restriction of uses in the plat's text for platted Reserve F, Autumn Chase Addition, to allow only "SF-5" uses and an easement in that vacated portion of the platted reserve. The uses that Reserve F has been set aside for include drainage purposes, landscaping, sidewalks, gazebos, pools and related recreational facilities, tennis courts, lights, benches, exercise trails, lakes and a floodway. There are already some utilities in the reserve, which, per the plat's text are not allowed. The applicant is also requesting that the platted 10-foot utility easement located along the rear lot line of Lot 4, Autumn Chase Addition, be vacated. The applicant requests the vacations to allow an addition to the single-family residence on the site. The rear yard setback is per the UZC for the SF-5: zoning district, any encroachments into the rear yard setback, as established by the Vacation Order will seek remedy by either an administrative adjustment or a variance. The Autumn Chase Addition was recorded with the Register of Deeds April 15, 1987. 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 a portion of the platted Reserve F, the uses of that portion of the platted Reserve F, and a portion of the platted utility easement as described in the legal description to allow a portion of the platted reserve to revert into private property, allow additional uses in that portion of the vacated reserve and to vacate the platted utility easement with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time November 17, 2005 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 reserve, the uses allowed in vacated portion of the platted reserve and a portion of a 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 a portion of the platted reserve, the uses allowed in the vacated portion of the platted reserve and a portion of the platted utility easement described in the petition should be approved subject to the following conditions: (1) Vacate that portion of the Reserve F that abuts only the rear lot line of Lot 4, all in the Autumn Chase Addition and that will entirely contain a 10-foot replacement utility easement. Provide Planning Staff and Public Works with a revised site plan showing the proposed vacated portion of Reserve F. Provide Storm Water with any plans needed for the vacated portion of Reserve F in regards to the changing of the grade within that portion of the vacated reserve and to confirm that the proposed size and configuration of the vacated portion of Reserve F does not adversely affect the Reserve and the neighboring properties. The revised site plan and any plans needed by Public Works/Storm Water must be received and reviewed by staff prior any dedications and prior to the VAC2005-41 going to the WCC for final action and prior to the issuance of building permits. Provide Planning Staff with a metes and bound description (legal description) on a word document, via e-mail, of the vacated portion of Reserve F, as approved by Public Works/Storm Water. (2) Provide Staff with an affidavit from the Home Owners Association that certifies their approval of the sale of the vacated portion of Reserve F to the owner of Lot 4, all in the Autumn Chase Addition. (3) Vacate the use restrictions as listed in the vacated portion of Reserve F to allow only "SF-5" zoning district uses and utilities confined to easements, in this case easements dedicated by separate instrument that will be placed in the vacated portion of Reserve F. (4) Provide Planning Staff with a restrictive covenant binding and tying the vacated portion of Reserve F to Lot 4, all in the Autumn Chase Addition, to be sent with the Vacation Order to be recorded wit the Register of Deeds. (5) Dedicate by separate instrument a utility easement, located in the approved area within the vacated portion of Reserve F, joined to Lot 4, all in the Autumn Chase Addition, by a restrictive covenant for placement of utilities. The easement must be a minimum of 10-foot in width; the applicant has recorded a 5-foot easement and an additional 5-foot wide easement joined and running parallel the length of this recorded easement will meet that requirement. Provide planning Staff with the dedication of easement to be sent to the Register of Deeds with the Vacation Order. (6) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. There are utilities in the platted easement. The platted easement will remain in effect until all utilities have been removed from it and placed in the appropriate easement. Per the plat's text no utilities or utility easements are allowed in the Reserve F, the Autumn Chase Addition. Provide Planning Staff with confirmation from the Utility Companies that all utilities have been relocated. (7) All improvements shall be according to City Standards. (8) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Vacate that portion of the Reserve F that abuts only the rear lot line of Lot 4, all in the Autumn Chase Addition and that will entirely contain a 10-foot replacement utility easement. Provide Planning Staff and Public Works with a revised site plan showing the proposed vacated portion of Reserve F. Provide Storm Water with any plans needed for the vacated portion of Reserve F in regards to the changing of the grade within that portion of the vacated reserve and to confirm that the proposed size and configuration of the vacated portion of Reserve F does not adversely affect the Reserve and the neighboring properties. The revised site plan and any plans needed by Public Works/Storm Water must be received and reviewed by staff prior any dedications and prior to the VAC2005-41 going to the WCC for final action and prior to the issuance of building permits. Provide Planning Staff with a metes and bound description (legal description) on a word document, via e-mail, of the vacated portion of Reserve F, as approved by Public Works/Storm Water. (2) Provide Staff with an affidavit from the Home Owners Association that certifies their approval of the sale of the vacated portion of Reserve F to the owner of Lot 4, all in the Autumn Chase Addition. (3) Vacate the use restrictions as listed in the vacated portion of Reserve F to allow only "SF-5" zoning district uses and utilities confined to easements, in this case easements dedicated by separate instrument that will be placed in the vacated portion of Reserve F. (4) Provide Planning Staff with a restrictive covenant binding and tying the vacated portion of Reserve F to Lot 4, all in the Autumn Chase Addition, to be sent with the Vacation Order to be recorded wit the Register of Deeds. (5) Dedicate by separate instrument a utility easement, located in the approved area within the vacated portion of Reserve F, joined to Lot 4, all in the Autumn Chase Addition, by a restrictive covenant for placement of utilities. The easement must be a minimum of 10-foot in width; the applicant has recorded a 5-foot easement and an additional 5-foot wide easement joined and running parallel the length of this recorded easement will meet that requirement. Provide planning Staff with the dedication of easement to be sent to the Register of Deeds with the Vacation Order. (6) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. There are utilities in the platted easement. The platted easement will remain in effect until all utilities have been removed from it and placed in the appropriate easement. Per the plat's text no utilities or utility easements are allowed in the Reserve F, the Autumn Chase Addition. Provide Planning Staff with confirmation from the Utility Companies that all utilities have been relocated. (7) All improvements shall be according to City Standards. (8) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: To approve subject to Staff and Subdivision Recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (12-0). --------------------------------------------------- 3-3. VAC 2005-42: Request to Vacate a Portion of a Platted Setback. OWNER/APPLICANT: Mennonite Housing, c/o Lou Confessori LEGAL DESCRIPTION: The east 22-feet of the platted 28-foot setback on the west side of Lot 1, Heather Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located west of Arkansas Avenue, on the southwest corner of 29th Street North and Woodland Avenue (WCC District VI) REASON FOR REQUEST: Associated with a lot split to allow single-family residence to be built CURRENT ZONING: Subject property and abutting south and west properties are zoned SF-5" Single-family Residential. Abutting eastern and adjacent northern properties are zoned "LC" limited Commercial and "SF-5" The applicant proposes to vacate the east 22-feet of the platted 28-foot setback, as described, to make more room on the site to build a single-family residence. There is a lot split, SUB2005-131, associated with this case. The lot split will make the western half of Lot 1, Heather Addition, the subject site, into Parcel A, Heather Addition. The lot split will reconfigure the site and make its western side the interior side yard. The UZC's interior side yard setback for the "SF-5" zoning district is 6-feet, which is what the applicant is requesting. There is a platted 10-foot utility and drainage easement that will remain in effect along the subject site's west side. Water lines are in the right-of-way and sewer lines are protected by the platted utility and drainage easement on the north side off the subject site. Comments from franchised utilities have not been received and are needed to determine if they have utilities in the platted setback. The Heather Addition was recorded with the Register of Deeds on September 23, 1998. 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 interior side yard setback 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 November 17, 2005, 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 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 setback described in the petition should be approved with conditions: 1. Vacate the east 22-feet of platted setback. The platted easement will remain in effect. 2. The lot split, SUB2005-131, associated with the vacation request must be completed and recorded with the Register of Deeds prior to the vacation case going to City Council for final action. Provide Planning Staff with a revised legal reflecting the recorded lot split. 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. Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1) Vacate the east 22-feet of platted setback. The platted easement will remain in effect. 2) The lot split, SUB2005-131, associated with the vacation request must be completed and recorded with the Register of Deeds prior to the vacation case going to City Council for final action. Provide Planning Staff with a revised legal reflecting the recorded lot split. 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) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. MOTION: To approve subject to Staff and Subdivision Recommendation. ALDRICH moved, DOWNING seconded the motion, and it carried (12-0). --------------------------------------------------- ? PUBLIC HEARINGS 4. Case No.: DR2005-24 – Request Zone change from "LI" Limited Industrial and "GC" General Commercial to "CBD" Central Business District General Location: Within an area bounded by a line beginning at the intersection of Washington Ave. and 2nd Street North, thence east along 2nd Street North to I-135, thence south along the west right of way of I-135 to Douglas Ave., thence continuing south along said right of way to the southern boundary Kansas Food Bank Warehouse Add., thence west on said boundary to Minneapolis St., thence north to east/west alley, thence west along said alley to Kansas Ave. thence south to east/west alley, thence west to Hydraulic, thence south along Hydraulic Ave. to Waterman St., thence west along Waterman to the BNSF railroad right-of- way, thence north to Douglas Ave., thence east to Washington Ave., and thence north to the point of beginning Background: On September 13, 2005, Wichita City Council voted (7-0) to initiate a rezoning from "LI" Limited Industrial and "GC" General Commercial to "CBD" Central Business District for an area described as: Beginning at the SW/corner of the NE/4 of sec 21 Twp27 R1E; thence North along the west line of said qtr sec on a bearing of N 1degrees 19"0.12' W a distance of 1300.00'; to the center line of 2nd St N; thence along the said center line, N 88degrees 49"22.77' E a distance of 2665.49'; thence N 83degrees 17"31.59' E a distance of 215.10'; thence N 89degrees16"35.14' E a distance of 438.38'; to the west right-of-way line of Interstate Hwy I- 135; thence southeasterly on the said right-of-way to the Southeast corner of the Kansas Food Bank Warehouse Add.; thence S 89degrees 40"32' W along the south line of said addition; thence N 21degrees55"18.32"w a distance of 182.99' to the SE corner of Lot 47, Black's Addition; thence S 88degrees 57"50.99' w a distance of 300.36' to the Southwest corner of Lot 25, Black's Addition; thence S 53degrees9"51.39' W a distance of 87.18' to the Southeast corner of Lot 4 Buchanan's Addition to Wichita; thence S 88degrees 45"8.34' W a distance of 300.81', to the Southwest corner of Res A, Buchanan's Addition to Wichita; thence N 75degrees 11"23.61 W a distance of 73.63' to the NE corner of Lot 1, on Hydraulic Street, Hyde's Addition; thence S 0degrees 56" 42.09' E a distance of 400.77' to the SE corner of Lot 31,on Hydraulic Street, Hyde's Addition; thence S 1degrees 39"11.71" E a distance of 75.56': thence S 0degrees 51" 42.23 E a distance of 585.10' to the center line of Waterman Street; thence S 88degrees 23" 16.95' W a distance of 2582.14' along the center line of Waterman Street; thence continuing west along Waterman Street, S 86degrees 51" 15.79' W a distance of 359.91'; thence S87degrees 12" 14.90' W a distance of 386.96'; thence S 85degrees 57" 54.87' W a distance of 299.51'; thence N 15degrees 17"53.79' W a distance of 38.77' to the SW corner of Lot 2, Union Station Addition, said point being the intersection of the north right-of-way line of Waterman Street and the east line of the railroad right-of-way; thence north along said railroad right-of-way to the intersection of the south right-of-way line of Douglas Ave.; thence N 0degrees 8" 49.43 W a distance of 53.25' to the center line of Douglas Ave.; thence n 88 degrees 41" 21.70' E along said center line a distance of 1052.05' to the west line of the NE/4 of sec 21 Twp27 R1E; thence N 2degrees 35" 57.33 W along the west line of said qtr sec to the point of beginning. The City Council initiated the rezoning action pursuant to the Unified Zoning Code provision that the "Governing Body may initiate a zone change request with or without an application from the property owners" (Unified Zoning Code Art. V, Sec. V- A.1). Analysis: The area proposed for rezoning to "CBD" is roughly fifty city blocks in size and includes a rich diversity of residential, institutional, commercial and industrial uses. Industrial uses include manufacturing firms such as the Wichita Eagle, Big Dog Motorcycles, McCormick Armstrong plus many smaller firms. Many construction sales and service uses dot the area, including at least two lumberyards and a number of contractor office and warehouse sites. Another large cluster of uses include auto sales lots, auto repair, and auto parts. The variety of commercial and retail uses spans a large new furniture store (Abode) recently constructed on a new zero-lot setback site along Douglas to small independent merchants along Douglas storefronts that help maintain the area as a walkable urban downtown shopping area. Several office and institutional uses have invested in the area, including the new Red Cross headquarters redeveloped on an old car dealership facility, Wichita Children's Theatre and Dance Center, United Methodist Urban Ministries; Kansas Foodbank, Inc. has plans to construct a new facility southwest of Douglas and I-135. Perhaps the most surprising use is residential. Around 20 percent of the existing land still is occupied by residential use, although the current "LI" zoning makes this type of use nonconforming. The proposed rezoning area borders the Old Town Overlay district, which has emerged as a destination for commercial and residential reuse. Some property owners on the fringe of the Old Town district have sought to expand the redevelopment into the area proposed for "CBD" zoning. Constraints with Existing Zoning: The prohibition of residential use is the most significant disadvantage with the current "LI" zoning. "LI" allows incompatible uses (by right or by Conditional Use) with the urban core such as asphalt plant (general), gas and fuel storage, freight terminal, landfill, transfer station, and wrecking/salvage yard. Approximately four properties are zoned "GC" General Commercial, and rezoning to "CBD" would represent an increase in intensity of permitted uses for these properties. Proposed Zoning: "CBD" zoning would allow residential use, bed and breakfast inn and group homes. It will prohibit future establishment of kennels, tattoo parlors, day reporting centers, asphalt plant (general), gas and fuel storage, freight terminal, landfill, transfer station and wrecking/salvage yard. Other "CBD" advantages include the following: (1) removes the off-site parking requirements to allow flexibility in developing shared parking facilities to serve multiple parking needs, (2) eliminates building setbacks to allow zero-lot setbacks in character with traditional downtown development and that is compatible with the trends in loft/apartment uses, and (3) eliminates height restrictions to allow higher intensity use that reinforces the viability and liveliness of the urban area. The proposed rezoning area perhaps has languished in terms of desirability over the past 30 years as the suburban expansion of industrial, auto and commercial uses took its toll on the commercial viability of the properties. In the recent past, the trend perhaps is changing. The Old Town overlay district located to the northwest of this area has had a renewed development activity, including addition of restaurants, sports bars, the Old Town Theater and museums. Recently, it has experienced a burst of residential redevelopment. (The property is zoned "LI" Limited Industrial but the area is subject to an overlay, "OT-O" that specifically permits residential use.) At least five existing warehouses or commercial buildings have been converted to residential lofts or mixed residential and commercial uses, and more are under construction or are in the planning stages. One hotel has been redeveloped from an old warehouse and a second is in the planning stages. Also, the area to the west of this proposed rezoning area is the East Douglas Historic District. The East Douglas area includes a park, the Eaton Place, the largest single residential conversion in the urban core, and adjoins the proposed Sedgwick County arena. These trends in adjoining districts have spilled over to the area under consideration for "CBD" zoning and we see renewed interest in redevelopment. In addition to the development uses discussed previously, several owners have sought to expand the "OT-O" district in order to redevelop their properties. In one case, it was to permit a building to be converted to residential lofts; in another is was to participate in the Old Town Parking District since on-site parking was not available for a site south of Douglas. A third site on Douglas was rezoned to "GC" General Commercial to enable mixed commercial and residential use. Recommended Action: The "CBD" zoning district offers the largest range of uses to accommodate the continued use of the area for industrial and commercial type uses, but to encourage urban mixed use redevelopment with an increasing component of retail catering to the public and residential use. Based on these factors and the information available prior to the public hearing, staff recommends approval of "CBD" zoning for the proposed area. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The area has a very diverse mix of residential uses, commercial and industrial uses including retail, auto-related commercial use such as vehicle sales and vehicle repair, office use, institutional use, construction sales and service business, wholesale and office business, warehousing and manufacturing. The zoning is "LI" except for a few isolated "GC" tracts. The surrounding area to the northwest is within both the Old Town Overlay district and Wichita Warehouse and Jobbers National Historic District. The downtown area to the west is zoned "CBD", and most of the adjacent property is within the East Douglas Ave. National Historic District. A portion of the proposed rezoning is within the 500-foot environs of these national historic districts. Two properties within the proposed rezoning area are listed separately, the Rock Island Depot (state/national listing) and St. Anthony's Church (local listing). The property to the southeast of Douglas and Hydraulic is zoned "GC" along Hydraulic and "B" Multi-family Residential for the rest of the property between Hydraulic and I-135. This area still is predominately mixed low to moderate density residential use and includes the McKnight Addition residential neighborhood. The area to the south of Waterman between Hydraulic and Lulu is zoned mostly "GC" and the area between Lulu and Washington is zoned "LI". The area to the north of 2nd Street North between Washington and Cleveland is zoned "LI" and the area between Cleveland and I-135 is a patchy mix of "GC" and "B". These areas north and south of the proposed rezoning area are occupied by a variety of residential, office, commercial service and industrial uses, but they are less proximate to Douglas so lack the walkable urban shopping district character of the area within the proposed rezoning tract. 2. The suitability of the subject property for the uses to which it has been restricted: The desire for reusing a portion of the area for residential use is prohibited by the current zoning. Several property owners have sought to convert their property to "OT-O" (ZON2000-00042) or "GC" (ZON2004-00032; ZON2004-00054) zoning to circumvent this prohibition; at least three other properties previously were zoned "GC" rather than "LI" to continue residential use as a legal conforming use (SE corner of Douglas and Washington, SW corner of Douglas and Rock Island and NE corner of 1st Street North and Victor). If the whole area were rezoned, probably more uses would seek to mix residential/commercial use with industrial type uses. 3. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: The relative gain is to both the property owners who seek to redevelop their property and to the city from redevelopment of a part of the urban core. Perhaps a hand-full of businesses would become nonconforming but a far greater number of residential uses would become conforming uses again. 4. Extent to which removal of the restrictions will detrimentally affect nearby property: Certain industrial and manufacturing uses would no longer be permitted and would become nonconforming. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed amendments support the following Comprehensive Plan's Goals/Objectives/Strategies: Goal II Land Use Residential/Objective A: Encourage residential redevelopment…that maximizes the public investment in existing and planned facilities and services/Strategy A1. Use…zoning as tool to promote mixed-use development, higher density residential environments and appropriate buffering. AND A6. Encourage the concentration of multi-family residential and mixed-use commercial development to activity centers within the central Wichita area…locations can be priority areas for financial incentives, beautification and amenity initiatives,…based on opportunities for new residential/commercial development. The rezoning enables this to occur. 6. Impact of the proposed development on community facilities: Since "CBD" does not require on-site parking, there could be pressure to develop shared surface parking lots or parking structures. CRAIG GRABLE, 641 S. Pattie, WICHITA KS I own three four-plex's in the area, and I would like to know how this will affect our property taxes now that everything is rezoned or if will? This is nice but it does not address these issues. SCHLEGEL I doubt that it will have any impact at all on your appraisal values. My knowledge of the appraisal process is that they do it more based on the use of the property than they do based on the zoning. GRABLE All my properties are zoned multi-family, from multi-family to something similar to general commercial is a big change. GOLTRY If you are within this area, then they are zoned Limited Industrial. Multi-family is not a permitted use today, and your use would be considered a legal non-conforming use. However, if they were destroyed by a fire or other similar activity you would not be able to rebuild them as apartments unless this change occurs. GRABLE Every time I have contacted the Planning Department they have said it is multi-family. GOLTRY Maybe you should point the properties out on the map. (Asking Mr. Grable to identify his properties) SCHLEGEL That is Limited Industrial. ALDRICH This rezoning would not include the authorization of SOBs in the area? GOLTRY If the sexually oriented business case moves forward and is adopted at City Council, then SOBs will not longer be allowed in "CBD". SCHLEGEL Those proposed changes will be up for second reading at the WCC meeting next Tuesday. MOTION: To approve subject to staff recommendation. WARNER moved, JOHNSON seconded. MOTION CARRIED 9-0-1. (MCKAY abstains conflict of interest). --------------------------------------------------- 5. Case No.: DR2005-23 – Request Zone change from "LI" Limited Industrial to "CBD" Central Business District General Location Between St. Francis Avenue, William Street, BNSF railroad right-of-way (one-half block east of Commerce Street) and Kellogg Background: On September 13, 2005, Wichita City Council voted (7-0) to initiate a rezoning from "LI" Limited Industrial to "CBD" Central Business District for an area described as: Odd lots 29-75 on Fourth Street, now St Francis Ave., in N.A. English Addition; Even lots 38-76 on Fifth St, now Santa Fe Ave, in N.A. English Addition; Odd lots 77-107 on Fourth Street, now St Francis Ave, in N.A. English 3rd Addition; Even lots 78-108 on Fifth St, now Santa Fe Ave., in N.A. English Addition; Lots 1-29 on Fourth Street now St Francis Ave. in Fletchers Addition; Lots 31-39 on Fifth St, now Santa Fe Ave., in Fletchers Addition; Lots 1-15 on Fifth St, now Santa Fe Ave., in Fletchers 2nd Addition; Together with a unplatted tract described as BEG SW COR LOT 39 FLETCHERS ADD S 50 FT E 140 FT N 50 FT W TO BEG EXC ST. SW1/4 SEC 21-27-1E Together with a unplatted tract described as BEG 50 FT S SW COR LOT 39 FLETCHERS ADD S 100 FT E 100 FT NE ALG ROW TO PT E OF BEG W TO BEG EXC S 49.9 FT TO CITY CCA-33119 Together with vacated English St from the east line of Fourth Street, now St Francis Ave to the west line of Fifth St, now Santa Fe Ave., in N.A. English Addition: Together with vacated Lewis St from the east line of Fourth Street, now St Francis Ave to the west line of Fifth St, now Santa Fe Ave., in N.A. English 3rd Addition: Generally described as being located between St. Francis Ave., William St., BNSF railroad right-of-way one-half block east of Commerce St. and Kellogg. The City Council initiated the rezoning action pursuant to the Unified Zoning Code provision that the "Governing Body may initiate a zone change request with or without an application from the property owners" (Unified Zoning Code Art. V, Sec. V- A.1). Analysis: The area proposed for rezoning to "CBD" is a three-block stretch flanking both sides of Commerce Street south of William Street to Kellogg. The BNSF railroad forms the eastern edge and St. Francis Street forms the western edge. The area is spontaneously undergoing a transition from industrial/manufacturing uses to a broader mix of uses with residential, commercial, and institutional uses being added. In the past five years, several retail shops have opened such as Dock 410 and Fiber Studio. Fiber Studio is unique because the owners of this site requested rezoning of the property to "CBD" in 2000 in order to locate the studio and gallery for artists on the main floor and a residence on the second floor. Just recently several other owners on the same block of Commerce also were approved for "CBD" zoning in order to combine studios with loft apartments. A larger loft conversion is underway on a "CBD" zoned tract across St. Francis Street (201 S. St. Francis, known as the Lofts at St. Francis) from the proposed rezoning area. The area north of Waterman, except for two properties, was selected as the site for the Sedgwick County arena. The area site constitutes roughly 40 percent of this proposed rezoning initiative. These properties fall within the area shown for the arena building and the adjoining VIP parking lot. The most likely impact of this site selection will be intensified demand on the remainder of the area for more retail and restaurant types of commercial use, mixed with residential use. These uses would be added to or replace the existing mix of industrial, contractor sales and service (heating, electrical, etc) and auto repair uses. Constraints with Existing Zoning: The prohibition of residential use is the most significant disadvantage with the current "LI" zoning. "LI" allows uses incompatible with the urban core, by right or by Conditional Use, including: asphalt plant (general), gas and fuel storage, freight terminal, landfill, transfer station, and wrecking/salvage yard. Proposed Zoning: "CBD" zoning would allow residential use, bed and breakfast inn and group homes. It will prohibit future establishment of kennels, tattoo parlors, day reporting centers, asphalt plant (general), gas and fuel storage, freight terminal, landfill, transfer station and wrecking/salvage yard. Other "CBD" advantages include the following: (1) removes the off-site parking requirements to allow flexibility in developing shared parking facilities to serve multiple parking needs, (2) eliminates building setbacks to allow zero-lot setbacks in character with traditional downtown development and that is compatible with the trends in loft/apartment uses, and (3) eliminates height restrictions to allow higher intensity use that reinforces the viability and liveliness of the downtown area. Recommended Action: Based on information available prior to the public hearing, staff recommends approval of "CBD" zoning for the proposed area. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The area is spontaneously undergoing a transition from industrial/manufacturing uses to a broader mix of uses with residential, commercial, and institutional uses being added, although many traditional industrial, construction sales and service and auto-repair types of uses remain and some tracts are devoted to surface parking lots to support other more intensive urban-type development in the vicinity. All the property to the west of St. Francis, the western boundary of the proposed rezoning area, is zoned "CBD" already. 2. The suitability of the subject property for the uses to which it has been restricted: The desire for reusing a portion of the area for residential use is prohibited by the current zoning. Several property owners south of Waterman have sought to convert their property to "CBD" zoning (one property in 2000 and four properties in 2005) to circumvent this prohibition. If the whole area were rezoned, probably more properties would seek to mix residential and commercial uses, particularly since the Sedgwick County arena site includes the northern portion of the site. The arena is a permitted use in the current "LI" and proposed "CBD" zoning district. 3. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: The relative gain is both to the property owners who seek to redevelop their property and to the city from redevelopment of a part of the urban core. 4. Extent to which removal of the restrictions will detrimentally affect nearby property: Certain industrial and manufacturing uses would no longer be permitted and would become nonconforming. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed amendments support the following Comprehensive Plan Goals/Objectives/Strategies – Goal II Land Use Residential/Objective A: Encourage residential redevelopment…that maximizes the public investment in existing and planned facilities and services/Strategy A1. Use…zoning as tool to promote mixed-use development, higher density residential environments and appropriate buffering. AND A6. Encourage the concentration of multi-family residential and mixed-use commercial development to activity centers within the central Wichita area…locations can be priority areas for financial incentives, beautification and amenity initiatives,…based on opportunities for new residential/commercial development. The rezoning enables this to occur and the arena redevelopment plan may spur additional activity. 6. Impact of the proposed development on community facilities: Since "CBD" does not require on-site parking, there could be pressure to develop shared surface parking lots or parking structures if development intensifies to create parking demand beyond the availability from provided by the new development. HENTZEN I have a question about the "CBD" Central Business District. Is what we are doing is expanding it? DUNLAP I have asked Donna to explain "CBD" Central Business District to us all because I think there are some questions. HENTZEN Does the "TIF" financing of the area close to it affect our change to "CBD"? SCHLEGEL No, it is to a different action. HENTZEN That is all I am asking, the financing of the original "TIF" district. MOTION: To approve subject to Staff Recommendation. MITCHELL moved, DOWNING seconded the motion, and it carried (11-0-1). MCKAY abstains. --------------------------------------------------- 6. Case No.: DR2005-33 – Request Zone change from "LI" Limited Industrial to "CBD" Central Business District General Location Within the area beginning at the intersection of Waterman St. and Washington Ave., thence south of Washington Ave. to Kellogg, thence west of Kellogg approx. 750 feet to the boundary of the BNSF railroad right- of-way/terminal, thence north to Waterman St., and thence east to Washington Ave. Background: On October 20, 2005, MAPC voted (7-0) to initiate a rezoning from "LI" Limited Industrial and "GC" General Commercial to "CBD" Central Business District for an area generally described as between the BNSF railroad yard, Kellogg, Washington Avenue and Waterman Street. MAPC initiated the rezoning action pursuant to the Unified Zoning Code provision that the "Planning Commission or the Governing Body may initiate a zone change request with or without an application from the property owners" (Unified Zoning Code Art. V, Sec. V-A.1). Analysis: The area proposed for rezoning to "CBD" is zoned "LI" Limited Industrial. Warehousing, manufacturing, construction sales and service businesses, outdoor storage, some retail, a fuel outlet, a parking lot for an office north of Waterman, and the City of Wichita Transit Operations Center currently occupy the area. The proposed rezoning area is located to the south and east of two other "CBD" cases being considered by MAPC (DR2005- 00023 and DR2005-00024). If this area is approved, and the other two cases also are approved, "CBD" zoning would blanket all properties west of Washington between Kellogg and Douglas. Constraints with Existing Zoning: The prohibition of residential use is the most significant disadvantage with the current "LI" zoning. "LI" allows incompatible uses (by right or by Conditional Use) with the urban core such as asphalt plant (general), gas and fuel storage, freight terminal, landfill, transfer station, and wrecking/salvage yard. Proposed Zoning: "CBD" zoning would allow residential use, bed and breakfast inn and group homes. It will prohibit future establishment of kennels, tattoo parlors, day reporting centers, asphalt plant (general), gas and fuel storage, freight terminal, landfill, transfer station and wrecking/salvage yard. Other "CBD" advantages include the following: (1) removes the off-site parking requirements to allow flexibility in developing shared parking facilities to serve multiple parking needs, (2) eliminates building setbacks to allow zero-lot setbacks in character with traditional downtown development and that is compatible with the trends in loft/apartment uses, and (3) eliminates height restrictions to allow higher intensity use that reinforces the viability and liveliness of the urban area. The Wichita Transit Operations Center, the fuel outlet, and the parking lot for the office building north of Waterman have been developed within the past 5 to 10 years. The rest of this area consists of older structures. Some are fully utilized by existing businesses, but some appear to have vacancies. New and redevelopment trends in the vicinity include the Old Town area to the north, the residential loft and arts district activity to the west of the railroad tracks, and the proposed Sedgwick County area site to the northwest. Recommended Action: The "CBD" zoning district offers the largest range of uses to accommodate the continued use of the area for industrial and commercial type uses, but to encourage urban mixed use redevelopment with an increasing component of retail catering to the public and residential use. Based on these factors and the information available prior to the public hearing, staff recommends approval of "CBD" zoning for the proposed area. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The area is zoned "LI" Limited Industrial and includes warehousing, manufacturing, construction sales and service businesses, outdoor storage, some retail, a fuel outlet, and a parking lot for an office. A small portion of the proposed rezoning is within the 500-foot environs of the national historic district for the Rock Island Depot. The property to the west of the railroad right-of-way (included within the DR2005-00023 case under review for "CBD") is zoned "LI" and "CBD" and is a row of historic warehouses with retail, construction sales and service, manufacturing uses and with some recent conversions to art studios and residential lofts. The property north of Waterman (included within the DR2005-00024 case under review for "CBD") is zoned "LI" and includes the Cox Communications office complex, the old Rock Island Depot with restaurant use, and a variety of other uses similar to the proposed rezoning area included within DR2005- 00033. The area to the east of Washington is zoned "LI" and is occupied by a variety of residential, office, commercial service and industrial uses. Kellogg borders the tract on the south. The property south of Kellogg is used in manufacturing or other industrial type uses. 2. The suitability of the subject property for the uses to which it has been restricted: The current zoning prohibits residential use. If the whole area were rezoned, probably more uses would seek to mix residential/commercial use with the existing mix of uses in a manner similar to that occurring on the property to the west of the railroad right- of-way. 3. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: The relative gain is to both the property owners who seek to redevelop their property and to the city from redevelopment of a part of the urban core. Some businesses might become nonconforming. 4. Extent to which removal of the restrictions will detrimentally affect nearby property: Certain industrial and manufacturing uses would no longer be permitted and would become nonconforming. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The proposed amendments support the following Comprehensive Plan's Goals/Objectives/Strategies: Goal II Land Use Residential/Objective A: Encourage residential redevelopment…that maximizes the public investment in existing and planned facilities and services/Strategy A1. Use…zoning as tool to promote mixed-use development, higher density residential environments and appropriate buffering. AND A6. Encourage the concentration of multi-family residential and mixed-use commercial development to activity centers within the central Wichita area…locations can be priority areas for financial incentives, beautification and amenity initiatives,…based on opportunities for new residential/commercial development. The rezoning enables this to occur. The property is within the Downtown Regional Center of the 2030 Wichita Functional Land Use Guide. 6. Impact of the proposed development on community facilities: Since "CBD" does not require on-site parking, there could be pressure to develop shared surface parking lots or parking structures. DR2005-00033 MOTION: To approve subject to staff recommendation. WARNER moved, JOHNSON seconded. MOTION CARRIED 9-0-1. (DUNLAP abstains conflict of interest). --------------------------------------------------- 7. Case No.: CON2005-50 – City of Wichita c/o John Philbrick (applicant); Benchmark Land surveying c/o Chad Abbott (agent)Request Conditional Use for a Utility, Major on property zoned "GC" General Commercial on property described as; Part of Lot 1, East Substation Addition, Wichita, Sedgwick County, Kansas, described as follows: Commencing at the Northwest Corner of said Lot 1 (the North line of NW 1/4 of Section 31, Township 27 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas, having an assumed bearing of N 90 degrees 00'00" E); thence S 00 degrees 20'38" W (measured), S 00 degrees 21'00" W (platted), along the West line of said Lot 1, for a distance of 453.22 feet to a point on the North line of a 30' Sanitary Sewer Easement; thence N 68 degrees 23'55" E, along said North line for a distance of 581.32 feet to the point of beginning; thence N 29 degrees 33'55" W, a distance of 138.00 feet; thence N 00 degrees 00'00" E, a distance of 150.00 feet to a point of the North line of said Lot 1; thence N 90 degrees 00'00" E, along said North line, a distance of 188.23 feet to a point on a curve to the left, said curve having a radius of 75.00 feet, a chord distance of 131.73 feet and a chord bearing of S 34 degrees 02'15"E; thence S 05 degrees 27'36"E, a distance of 68.29 feet to a point on the North line of said 30' Sanitary Sewer Easement; thence S 68 degrees 23'55" W, along the North line of said Easement, a distance of 222.25 feet to the Point of Beginning. Generally located On Osie Circle, south of Harry and west Governeour. BACKGROUND: The applicant is requesting a Conditional Use to permit a "utility, major" which would allow the installation of a pump station on 1.13 acres, generally located south of Harry and Governeour, on the dead end of Osie. The application area is zoned GC, and is surrounded to the south, east, and west by other city owned land also zoned GC and currently vacant. North of the site are GC zoned properties used for self-storage, warehousing, and various retail/commercial uses. The pump station site will include a 107 by 44-foot building (see the attached site plan). The Wichita-Sedgwick County Unified Zoning Code defines a "utility, major" as a service similar to services and facilities of agencies that provide the general public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar services that exceed 150 cubic feet in size and six feet in height that might generate discernable noise, odor or vibration in a residential district. The code permits a major utility as a Conditional Use in the GC district. CASE HISTORY: None ADJACENT ZONING AND LAND USE: NORTH: GC Self-storage, warehousing, retail SOUTH: GC Vacant, I-35 EAST: GC Vacant WEST: GC Vacant PUBLIC SERVICES: The site is located at the cul-de-sac termination of Osie, a currently unpaved portion with an 80-foot right-of-way. All normal services are available at the site. CONFORMANCE TO PLANS/POLICIES: The Wichita Functional Land Use Guide identifies this site as appropriate for Major Institutional development. The Comprehensive Plan contains location criterion recommending that utility facilities with significant noise, odor and other nuisance elements should be located away from residential areas. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to development of the site in substantial compliance with the approved site plan. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: GC zoning surrounds the application area. Nearby uses include self-storage, warehousing, and retail/commercial uses. 2. The suitability of the subject property for the uses to which it has been restricted: The site could be developed as zoned without the Conditional Use. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The installation should not detrimentally impact nearby properties. 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 would force the applicant to find another location. The water booster pump station is necessary to provide infrastructure support to the local community. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The Comprehensive Plan contains location criterion recommending that utility facilities with significant noise, odor and other nuisance elements should be located away from residential areas. This site is reasonably remote from residences. 6. Impact of the proposed development on community facilities: None identified. MITCHELL Will Governeour and Osie paved as a condition of the approval of this Conditional Use? MCNEELY That was not listed a condition of approval, and paving will generally be a part of platting. MOTION: To approve subject to staff recommendation and add the paving requirement. MITCHELL moved, DUNLAP seconded. MOTION CARRIED 9-0-1. (DUNLAP abstains conflict of interest). --------------------------------------------------- 8. Case No.: CON2005-51 – Madeline Akers-Woods (property owner/;applicant), Youth Horizons (Earnest Alexander) / Baughman Company P.A. (Russ Ewy) Request Sedgwick County Conditional Use for Group Residence, Limited on property zoned "RR" Rural Residential on property described as; The North 1/2 of the SE 1/4 of Section 12, Township 25 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, except that part taken for road. Generally located West of Woodlawn and 1/2 mile north of 109th Street North. BACKGROUND: The application area is 20 acres zoned RR Rural Residential located west of 63rd Street East (Woodlawn), approximately 2,300 feet north of 109th Street North. The applicant is seeking a Conditional Use to permit a "group residence" for up to eight boys who meet the definition of "children in need of care." Children in need of care are children who have been removed from their homes due to circumstances not of their own making. These children are not delinquents, and have not been placed in another residential setting by the courts due to violations they have committed. For whatever reason, the intended residents of this project have been removed from the care of their parents or guardians, and they cannot be quickly returned to their original residence. Therefore the request is not for a "correctional placement residence" but is for a "group residence, limited." Youth Horizons is the entity that will operate the home. They expect to purchase the 20 acres and construct a new home for up to eight boys at this location. The age range of children expected to be cared for at a residence like this is typically eight to 18. The "Unified Zoning Code" permits up to five unrelated individuals to live in a single residence as a "family." Individuals living together in numbers greater than five are classified as "group residence, limited" six to 15 unrelated individuals to reside in a single home. The site plan submitted with the application depicts a house, barn, a lagoon and three unidentified structures. Access is to 63rd Street East (Woodlawn), which is a sand and gravel road. Surrounding properties are zoned RR Rural Residential and are mainly farmsteads and large agricultural or residential tracts. CASE HISTORY: None ADJACENT ZONING AND LAND USE: NORTH: RR Rural Residential; farmstead SOUTH: RR Rural Residential; agricultural EAST: RR Rural Residential; agricultural WEST: RR Rural Residential; agricultural PUBLIC SERVICES: On-site services will be used, as publicly supplied sewer and water are not available. CONFORMANCE TO PLANS/POLICIES: The Comprehensive Plan's "2030 Urban Growth Areas Map" depicts this site as appropriate for "rural" uses. Rural areas are primarily intended for agricultural uses, resource based uses and other non- agricultural uses having no impact greater than typical agricultural uses, and do not require publicly supplied services. This site is outside of any projected urban growth boundaries. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions: 1. In addition to uses permitted by right in the RR Rural Residential district, the application area shall be approved for a "group residence, limited" use for up to eight children plus seven staff members. At least one supervisor employed by the agency operating the residence must be present at the home at all times when children are present at the home. 2. The site shall be developed in substantial conformance with the approved site plan, and in conformance with applicable Wichita-Sedgwick County Unified Zoning Code requirements dealing with "group residence, limited" uses, except the number of resident children shall be limited to eight. 3. The applicant shall obtain all applicable permits required to legally operate the requested use prior to commencing "group residence" activities. 4. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Surrounding properties are all zoned RR Rural Residential and used for agriculture and farmsteads. This is a rural area. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned RR Rural Residential which permits a rather limited range of uses which are primarily residential, agricultural and institutional uses typically found in low density residential settings. The site could be used as currently zoned. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Approval of the request subject to the recommended conditions should limit anticipated negative affects to nearby properties. 4. Relative gain to the public health, safety and welfare as compared to the loss in value or the hardship imposed upon the applicant: Approval would permit another location for placement of children in need of care. Denial would force the applicant to find another location and delay the project. The limitation on the number of children should protect the public's health, safety and welfare. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The plan does not contain policies specific to this request however, the proposed 20-acre site is consistent with the property's "rural" designation, and large lot residential uses found in rural areas. 6. Impact of the proposed development on community facilities: The proposed use should not impact community facilities to any greater degree than individual residences located on 5-acre lots would. The 20-acre site could be platted into at least four five-acre home sites, which could generate up to 40 daily vehicle trips. RUSS EWY, BAUGHMAN COMPANY, 315 ELLIS, WICHITA, KS 67211 While this slide is up, Dale had mentioned that the purchase was for the 20 acres. The 20 acres is simply the application area. This is where we are looking to limit this Conditional Use Permit. The purchase of the property is this entire 80 acres. However there will be no substantial alterations of the use of the remaining 60 acres. We have a PowerPoint to present, and the handout is a hard copy of the PowerPoint. Any person driving up and down Woodlawn would see this home and not be able to distinguish it from any other residential use out here. I have seen many of the e-mails you have at your stations, talking about zoning, juvenile delinquency and talking about rehabilitation services. I would strongly state for the record that is not what we are discussing here today. This is a facility that will act more to dissuade those community needs, juvenile delinquency, truancy, drug and alcohol dependency, things of that nature but offering a service to the community that is sorely needed. There are people here that will speak to that much more eloquently then I can. One of the only things of concerns that seemed relevant talking with staff was: who are these people; who is doing this thing; who is running this; who is building this? Youth Horizons has been serving the Wichita area for over 30 years. Youth Horizons is dedicated to serving the needs of at-risk young people and their families. All of Youth Horizons' programs seek to give young people the skills they need to become productive members of our community. Youth Horizons emphasizes healthy decision-making, academics and social skills. Youth Horizons was taken over by Jeff Wenzel and internationally renowned gospel singer Earnest Alexander in 1986. This is an existing farmstead that is very dilapidated. This project will redevelop this farm site and clean it up. As you drive by this property there is a considerable amount of hedge and vegetation preventing a lot with what is a very beautiful home from being exposed to Woodlawn. It is a very isolated site, and it is a site that makes so much sense in so many different ways. ERNEST ALEXANDER, YOUTH HORIZONS, 1601 E. DOUGLAS, WICHITA, KS 67211 When I was growing up in the state of Connecticut one of the things I always dreamed about was the privilege of living on a farm. I am very much like the kids that we serve. Most of them are fatherless; live below the poverty level with single-parent homes. I grew up in a situation like that. After opening this group home that we have run for the last nine years in the City I think one of the worse things is the fact that the kids have too much time on their hands, and not enough to do. We do not take sexual offenders, physically aggressive kids, or children who do drugs. The children we take are children that people throw away. One family has offered to help us buy land, and another family has offered to build the house because they believe in what we are talking about. ALDRICH The age range of the children will be between the ages of 8 and 18, and some of them will have drivers license. Is there going to be adequate parking and will you have any type of curfews set up? ALEXANDER It is 24-7 supervision. Everybody gets up at a certain time and goes to bed at a certain time. ALDRICH So they will not have free rein? ALEXANDER All of their time is supervised, unless they go home with their parents. One of the letters addressed worrying about parents. Unfortunately most of the kids we serve don't have parents who care so worrying about them littering property is not an issue. As far as drivers' licenses are concerned, we are committed to try and equip the kids to leave our facility and go out into the world, and take care of themselves and break the cycle of living in the welfare system. We take them as young as 8, but coming into the house as old as 16 but they can stay until 18. DUNLAP Where will they attend school? ALEXANDER We were sending them to Love Box Company because they had a small school, but as you know, they have sold recently. So we may have to educate them there or send them to Valley Center. KAPLAN I represent a number of residences both in the notice area and some and some outside the notice area. I do not represent all of the folks that are here today but I do have a number of them. The people I have chosen to represent are responsible, rationale and sympathize with the cause that this gentlemen presents. We know nothing about the youths. I spoke with Mr. Ewy and asked for a meeting with the gentlemen so that we could get some questions answered; so we could propose conditions, or additional criteria that we might like to see in a Conditional Use. The request was declined. I was told that certainly they would host a meeting, and they would meet with my folks but only after this meeting. After the Conditional Use is approved, it does me very little good to suggest conditions. Basically I am asking for a two-week deferral. I think we can come to accommodation. I do not think that this application is one that at least a number of people out here that have come to me for representation are necessarily going to oppose. Mr. Miller was not given a lot of information, and consequently his staff report could only reflect that which he was told. But statements that these children for one reason or another have been temporarily removed from their homes, that does not convey anything to anybody. Where is the oversight? Is this SRS? Are these children placed here by the County? Are they voluntarily put there by parents or guardians? Who places the children in the facility? Who has the oversight for the facility? We will not have access to juvenile records, and we are not going to be able to determine, we assume this gentlemen says, "I take them a face value." We are not going to be able to verify anything without appropriate conditions. We want to come back in two weeks and suggest conditions that will arise if they do from our meeting. We do have questions about the parents and persons in the neighborhood. CHRIS BOHM, 6201 Briar Rose Lane I did meet with Bob and some other residences there. On these 20 acres, is that the only one planned for the 80 acres total or would it come in pieces later? Could a facility be moved further back from the road or would there be a reason for that? Will it be gated and have security fencing and is there a need for that? Is there going to be a limitation on livestock? I think there were 7 staff members proposed for 8 boys, we didn't know if that was rotational or 7 on site all of the time. To whom do we report if we feel there is a violation of the Conditional Use? DUNLAP Your address is it out in this neighborhood? BOHM I am 2 ½ miles south of this facility. So I am not in the notification district. JOHN BENEKE, 11152 N. WOODLAWN, VALLEY CENTER, KS 67147 I live across the road from the proposed rezoning. I talked with a number of people in the area adjoining the property, people along the bus routes, neighbors within 1-2 miles and some outside of the notification area. Everyone feels they are affected by this decision. Basically what we feel is the proposed zoning change at this property will have a negative affect on the neighbors and the surrounding area. Affected and concerned citizens reach beyond the few that were required to receive the hearing letter. This type of zoning change will have a negative affect financially to property owners. We have spent millions of dollars to purchase this land, and build houses in a rural area away from the City and its problems. Many people seek this quite life, and that is what maintains our property values. The zoning change would reduce the marketability and the value of our property possibly by one-half. If a buyer had a chose to look at two identical properties but one has to disclose this zoning, they won't even consider it. We consider the potential of this type of housing to increase criminal activity in the area. We know every vehicle that drives down this road and alert each other when someone is around that we don't recognize. This is how they found the meth lab on the proposed property a few months back. We protect each other by watching out for each other. By allowing people to move in that don't have the financial or personal interest in the area opens the door for problems. There may be people that may move into this property that are not criminals but they may become that way. In general, I don't believe a rural area is a good place for a displaced kid to live. We will file the required protest petitions within the 14-day time frame if MAPC allows this rezoning. JOLENE HOLLOWAY, 10400 N. Oliver, VALLEY CENTER, KS 67147 We don't want to see the "RR" Rural Residential that has always been there to have the zone change or have the Conditional Use out here. My entire family has farmed this property, and we worry that if it is changed then it might trickle down, and we want to see this land stay the way it is. Youth Horizons is a good program and I admire what Mr. Alexander does. LOYCE MAY, 11411 N. WOODLAWN, VALLEY CENTER, KS 67147 I will be sitting directly north of this facility. I do admire what this gentleman is doing for these kids, and we are a long ways from town. I have three children under 10, and they all walk to Woodlawn for the bus. I worry about a facility like this because I don't know who they are, and there is nobody out there, and there are no other neighbors out there to call. It will be going in right in next to my house and they say they will build one residence for 8 children. Eighty acres is huge. They could help more kids than that, and they should be closer to town. I will be wondering all the time if there is somebody there and it is dark out there. These children whom I don't know will be riding the bus with my children and we don't know who they are. If our property is damaged who will be responsible for that? This area is a good spot for hunting. They hunt deer and other animals, and at least my kids understand the danger in that. We enjoy the seclusion and privacy that is why we moved out there. EDDY MAY, 11411 N. WOODLAWN, VALLEY CENTER, KS 67147 I would like to talk about the security factors out there. I am retired from the Sedgwick County Police Department. Help can be 45 minutes away at any given time in the County. Not because it is their faul