METROPOLITAN AREA PLANNING COMMISSION MINUTES August 20, 2009 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, August 20, 2009, 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: Darrell Downing, Chair; G. Nelson Van Fleet, Vice Chair; Shawn Farney; David Foster; Bud Hentzen; Hoyt Hillman; Bill Johnson; Joe Johnson; Ronald Marnell; John W. McKay Jr.; Debra Miller Stevens and M.S. Mitchell. David Dennis and Don Sherman were absent. Staff members present were: John Schlegel, Director; Dale Miller, Current Plans Manager; Donna Goltry, Principal Planner; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Derrick Slocum, Associate Planner; Joe Lang , Chief Deputy City Attorney; Bob Parnacott, Assistant County Counselor and Maryann Crockett, Recording Secretary. -------------------------------------------------- 1. Approval of the July 23, 2009 and August 6, 2009 MAPC meeting minutes: Approval of the July 23, 2009 MAPC meeting minutes. MOTION: To approve the July 23, 2009 Minutes as amended. MCKAY moved, FOSTER seconded the motion, and it carried (12-0). Approval of the August 6, 2009 MAPC meeting minutes. MOTION: To approve the August 6, 2009 Minutes as amended. J. JOHNSON moved, FARNEY seconded the motion, and it carried (9-0-3). FOSTER, MCKAY, MITCHELL - Abstained --------------------------------------------------- 2. Election of Officers: Chairman and Vice Chairman CHAIRMAN DOWNING commented that Item #2 Election of Officers was placed on the agenda erroneously and would be moved to the September 10, 2009, meeting as required by the Bylaws. --------------------------------------------------- 3. CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS SUBDIVISION CASE DETAILS 2-1. SUB 2009-50: One-Step Final Plat -- STUHLSATZ ESTATE ADDITION, located on the east side of 279th Street West, north of 21st Street North. NOTE: This site is located in the County in an area designated as “rural” by the Wichita- Sedgwick County Comprehensive Plan. STAFF COMMENTS: A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. B. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording. C. County Engineering has approved the applicant’s drainage plan. D. The plat denotes one access opening along 279th St. West. The final plat tracing shall reference the dedication of access controls in the plattor’s text. E. Sedgwick County Fire Department advises that the plat should comply with the Sedgwick County Service Drive Code. F. The spelling of “setback” shall be corrected on the face of the plat and in the plattor’s text. G. The dedication clause of the plattor’s text shall be corrected to say “known as.” H. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. I. The applicant shall install or guarantee the installation of all utilities and facilities 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.) J. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. K. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the United States 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. L. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. M. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System 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. N. Perimeter closure computations shall be submitted with the final plat tracing. O. A compact disc (CD) should be provided, 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 the information 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 recommendation of the Subdivision Committee and staff recommendation. B. JOHNSON moved, HILLMAN seconded the motion, and it carried (12-0). --------------------------------------------------- 2-2. SUB 2009-33: Final Plat -- CEDAR HILLS ESTATES ADDITION, located south of Central and on the west side of 151st Street West. NOTE: This is unplatted property located in the County within three miles of the City of Wichita. It is in an area designated as “2030 Urban Growth Area” by the Wichita-Sedgwick County Comprehensive Plan. It is located in the Goddard Area of Influence. STAFF COMMENTS: A. City of Wichita Water Utilities Department requests a petition for future sewer (mains and laterals). B. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. The applicant shall contact Sedgwick County Code Enforcement regarding a site plan for Lot 3. C. The site is currently located within the Sedgwick County Rural Water District No. 4. If service is available, feasible and the property is eligible for service, County Code Enforcement recommends connection. D. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording. E. County Engineering has approved the drainage plan. The drainage note shall omit “County” on the third line of the text. City Stormwater Engineering has approved the drainage plan. F. The plat denotes one street opening along 151st St. West. In accordance with Access Management Regulations for County plats, complete access control is required for arterials intersecting with local streets and the plat has denoted complete access control of 75 feet along Talopa from 151st St. West. G. Sedgwick County Fire Department advises that the plat should meet the requirements of the Sedgwick County Service Drive Code. H. A pavement fee of $950/acre is needed under the Urban Fringe Development Standards. A guarantee is needed for construction of the internal street to the 36-foot rock suburban street standard. I. Lots 3 and 4 do not conform to the 200-foot lot width standard which is measured at the building setback line. The Subdivision Committee recommends a modification be granted by MAPC. J. A blanket easement exists for the area involved in this plat. The Applicant shall either obtain a release of this easement or provide proof that the easement has been confined. If confined, any portion of this easement impacting this site shall be denoted on the plat and shall be properly referenced. A recorded copy of the release/confinement of the easement shall be submitted. K. GIS has approved the street name. L. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. M. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) N. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. O. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the United States 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 National Pollutant Discharge Elimination System 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. A compact disc (CD) should be provided, 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 the information 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 recommendation of the Subdivision Committee and staff recommendation. B. JOHNSON moved, HILLMAN seconded the motion, and it carried (12-0). --------------------------------------------------- 2-3. SUB 2003-02: Final Plat -- HEARTLAND PREPAREDNESS CENTER ADDITION, located on the east side of Hydraulic and south of 29th Street North. NOTE: This is an unplatted site located within the City. The applicant will be requesting a Conditional Use for safety services. This revised plat includes the vacation of 29th St along the plat’s north line. STAFF COMMENTS: A. City of Wichita Water Utilities Department has required the applicant to guarantee the extension of water (transmission and distribution mains) and sewer (mains and laterals) to serve the lot 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 Stormwater Engineering has requested revisions to the drainage plan. D. A guarantee shall be provided for a turnaround for the terminus of New York Avenue. E. The adopted 2008 Wichita Park, Recreation, and Open Space Plan (PROS Plan) identifies the need for a pathway to connect the existing I-135 and K-96 bike paths. The Subdivision Committee has approved a contingent public access easement along the west line of the plat, extending south from Hydraulic. F. Complete access control has been denoted along the south portion of Lot 1. Access control needs to be defined along the remainder of the frontage. G. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. H. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. I. The applicant shall install or guarantee the installation of all utilities and facilities 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.) J. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. K. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the United States 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. L. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. M. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System 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. N. Perimeter closure computations shall be submitted with the final plat tracing. O. Westar Energy has requested additional easements. An existing KGE easement shown on the preliminary plat along the east property line also needs to be denoted on the final tracing. P. A compact disc (CD) should be provided, 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 the information via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov). Please include the name of the plat on the disc. MOTION: To defer the item for three weeks. MCKAY moved, FARNEY seconded the motion, and it carried (12-0). --------------------------------------------------- 2-4. SUB 2009-53: One-Step Final Plat -- ASR INTAKE SITE ADDITION, located on the southeast corner of 117th Street North (extended) and 87th Street West. NOTE: This site is located in the County in an area designated as “rural” by the Wichita- Sedgwick County Comprehensive Plan. It is located in the Sedgwick Area of Influence. A Conditional Use (CON 2009-11) was approved for a Major Utility for a City of Wichita water treatment plant. STAFF COMMENTS: A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. B. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording. C. County Engineering has approved the applicant’s drainage plan. The standard floodplain language needs to be included in the plattor’s text. A base flood elevation is needed. The floodway reserve needs to be denoted with a solid line on the plat. Residential structures should meet a lowest floor elevation of base flood elevation plus two feet. Non-residential structures should either meet the lowest floor requirement or provide a flood proofing certificate. D. County Surveying advises that an onsite benchmark is needed. E. County Surveying advises that a benchmark elevation is needed. F. County Surveying advises that a better benchmark description is needed. G. County Engineering has approved the access controls. The plat denotes one opening along 87th St. West. H. Sedgwick County Fire Department advises that the plat should meet the requirements of the Sedgwick County Service Drive Code. I. The recording information for all pipeline easements shall be indicated on the face of the plat. J. For the pipeline easement on the property, the final plat shall include in the labeling of the easement the name of the company benefiting from the easement agreement. K. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. L. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) M. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. N. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the United States Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. O. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. P. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. Q. Perimeter closure computations shall be submitted with the final plat tracing. R. A compact disc (CD) should be provided, 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 the information 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 recommendation of the Subdivision Committee and staff recommendation. B. JOHNSON moved, HILLMAN seconded the motion, and it carried (12-0). --------------------------------------------------- 2-5. SUB 2009-54: One-Step Final Plat -- ASR TREATMENT PLANT ADDITION, located south 117th Street North and on the west side of 119th Street West. NOTE: This site is located in the County in an area designated as “rural” by the Wichita- Sedgwick County Comprehensive Plan. It is located in the Bentley Area of Influence. A Conditional Use (CON 2009-11) was approved for a Major Utility for a City of Wichita water treatment plant on Lot 2. STAFF COMMENTS: A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. B. In conformance with the Urban Fringe Development Standards, for individual domestic wells that are proposed, a Safe Yield Analysis must be provided to Sedgwick County Code Enforcement to assure the availability of an adequate, safe supply of water that does not impair existing water rights. Easements shall be dedicated for potential future extension of public water and sewer. C. If improvements are guaranteed by petition(s), a notarized certificate listing the petition(s) shall be submitted to the Planning Department for recording. D. County Engineering has approved the applicant’s drainage plan. E. County Surveying advises that the dimension on the north line of Lot 2 needs to be corrected. F. County Surveying advises that the benchmark needs an elevation. G. The plat denotes four openings along 119th St. West and two openings along 117th St. North with a minimum 600-foot separation. Subdivision Committee has required complete access control along 117th St. North. One opening is permitted for Lot 1 along 119th St. West and also two openings to Lot 2 along 119th St. West. H. County Engineering has required the paving of 119th St. W. from 117th N to 109th N per County standards. I. Sedgwick County Fire Department advises that the plat should meet the requirements of the Sedgwick County Service Drive Code. J. The plattor’s text shall note the dedication of the streets to and for the use of the public. K. The recording information for all pipeline easements shall be indicated on the face of the plat. L. The final plat tracing needs to be submitted on a maximum page size of 24” x 36.” M. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. N. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) O. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. P. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the United States Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Q. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. R. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State National Pollutant Discharge Elimination System Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. S. Perimeter closure computations shall be submitted with the final plat tracing. T. A compact disc (CD) should be provided, 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 the information via e-mail to Cheryl Holloway (E-Mail address: cholloway@wichita.gov). Please include the name of the plat on the disc. NEIL STRAHL, Planning Staff presented the Staff Report. He reported that at the Subdivision Meeting there was a major issue regarding the paving. He said originally County Engineering required paving of both the east/west and north/south arterials. However, he said the County has agreed to waive paving of the east/west arterial since the applicant will provide complete access control. He said paving is required along the north/south arterial. HILLMAN briefly reviewed his understanding of the treatment facility which was to pump the water to a filtering system and filter the sludge out to make it available for local farmers to fill in low areas and to take the clean water and put it into the ground. He said he understands that the new facility will take the sludge and put it back into the river which will require a special permit. He said he is very concerned since the Little Arkansas is already considered an over-sedimented and polluted river by both the Kansas Department of Health and Environment (KDHE) and the Environmental Protection Agency (EPA). He said he doesn’t understand the concept for the facility and he questions the entire long-term process for this area, particularly if the goal is to try to clean up the river. STRAHL commented that although a representative from County Engineering was not present to respond, the applicant was present to answer any questions. LYNN MOORE, PEC, PA, 303 SOUTH TOPEKA said the treatment system at this site goes hand-in-hand with the intake site. He said this concept has been under development for the past several months. He said the treatment for this phase of the project is primarily physical and not chemical. He said what they have learned from the demonstration project and the Phase I Project, which is located in Harvey County, is that a lot of time and money goes into processing solids after a flow event in which the water is treated for recharge. He said at the intake base there will be a large separator and clarifier so that when water is taken from the river (only during high flow when the City has rights appropriated to take the water which also means during high sediment load) the permit will allow return of the solids separated by gravity into the river. He said tests have been performed by KDHE on the effect of returning the solids to the river during those times of high flow. He said the City has applied for a Federal/State National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit to allow this process and KDHE is still considering that application. He said he has not seen where they have issued a draft permit for public comment yet. He concluded by saying that the City wishes that it would make economic and community sense to store the solids for public use, but at the Phase I plant the pile of dirt available for public use just stayed there. He said that is where they are with the treatment process. HILLMAN said if they advertised that dirt is available, he thought that would solve the problem. MITCHELL said he has an issue with contamination of the river. He said it has been demonstrated on several occasions that the high velocity necessary to produce the flows from which the water can be taken also increases the bacteria count of the water in the river. He said he felt that issue was something that needed to be considered. HILLMAN clarified then the City is waiting for approval from KDHE. MOORE said yes, and further clarified that the dirt will be stored at the Aquifer Storage and Recovery (ASR) intake site. MOTION: To approve subject to the recommendation of the Subdivision Committee and staff recommendation. HILLMAN moved, MCKAY seconded the motion, and it carried (12-0). --------------------------------------------------- 3. PUBLIC HEARING – VACATION ITEMS 3-1. VAC2009-29: City request to vacate a platted easement and a temporary easement dedicated by separate instrument OWNER/AGENT: Star Lumber & Supply, c/o Steve Briggs, CEO Baughman Co., PA, c/o Phil Meyer LEGAL DESCRIPTION: The platted 20-foot utility easement, located along the southwest and south side of Lot 1, and the 30-foot temporary easement (Film 1472, Page 1163), dedicated by separate instrument, roughly located in the middle of Lot 1, all in Block A, the Timber Grove Lakes 2nd Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located west of Maize Road and north of Central Avenue (WCC #V) REASON FOR REQUEST: Provide permanent easement and remove an easement not in use CURRENT ZONING: The subject property and properties located south and east are zoned LC Limited Commercial (“LC”). Properties located north and west are zoned GO General Office (“GO”) and SF-5 Single-family Residential (“SF-5”). The site is part of DP-134. The applicant proposes to vacate the described easements. GeoZone shows a sewer line (north- south) and manholes in the described temporary easement. The applicant has provided a copy of the recorded temporary easement, which states that it “…shall expire upon completion of sanitary sewer system and relocation of the gas supply line.” The applicant proposes to dedicate/revert the temporary easement into a permanent easement and keep the sewer line in this location. There are no utilities, manholes, sewer, or water lines in the described platted easement. The Timber Grove Lakes 2nd Addition was recorded with the Register of Deeds August 29, 1994. Based upon information available prior to the public hearing and reserving the right to make recommendations based on subsequent comments from City Public Works/Water & Sewer, franchised utility representatives and other interested parties, Planning Staff has listed the following considerations (but not limited to) associated with the request to vacate the described platted easement and temporary easement dedicated by separate instrument. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle, of notice of this vacation proceeding one time July 30, 2009, 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 described platted easement and temporary easement dedicated by separate instrument and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. Considerations (but not limited to) associated with the request to vacate the described platted easement and temporary easement dedicated by separate instrument have been identified, therefore, the vacation of the platted easement and temporary easement dedicated by separate instrument described in the petition should be approved with conditions; (1) If needed, provide Staff with all required additional easement(s) (with original signatures) dedicated by separate instrument, as needed and approved by Public Works/Water & Sewer/Storm Water. These easements will go with the Vacation Order to City Council for final action and recording with the Register of Deeds. If needed, provide all franchise utilities with all needed easements and notify Planning when these easements have been approved by the franchise utilities. (2) Provide Planning staff with the approved legal description of the vacated easement(s) on a Word document, via e-mail, to be used on the Vacation Petition and the Vacation Order. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. As needed provided Public Works with any needed plans and guarantees for relocation of public utilities. If necessary provide franchised utilities with any needed plans for review for location of utilities and retain the easement(s) until utilities are relocated. (4) All improvements shall be according to City Standards and at the applicants’ expense. (5) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests 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) If needed, provide Staff with all required additional easement(s) (with original signatures) dedicated by separate instrument, as needed and approved by Public Works/Water & Sewer/Storm Water. These easements will go with the Vacation Order to City Council for final action and recording with the Register of Deeds. If needed, provide all franchise utilities with all needed easements and notify Planning when these easements have been approved by the franchise utilities. (2) Provide Planning staff with the approved legal description of the vacated easement(s) on a Word document, via e-mail, to be used on the Vacation Petition and the Vacation Order. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicant. As needed provided Public Works with any needed plans and guarantees for relocation of public utilities. If necessary provide franchised utilities with any needed plans for review for location of utilities and retain the easement(s) until utilities are relocated. (4) All improvements shall be according to City Standards and at the applicants’ expense. (5) Per MAPC Policy Statement #7, all conditions are to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation requests 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 the recommendation of the Subdivision Committee and staff recommendation. B. JOHNSON moved, HENTZEN seconded the motion, and it carried (12-0). --------------------------------------------------- PUBLIC HEARINGS 4. Case No.: ZON2009-14 - Slawson Commercial Properties, LLC, Masterpiece Homes, Inc., Craig Sharp Homes, Inc., Daniel J. Alefs and Paula J. Feist-Alefs, Robert and Jennifer Babst, Albert and Treva Brensing, Eric C. and Rebecca L. Bunting, William R. and Linda K. Cary, Bruce and Nancy Cochener, Elizabeth Henderson King, Living Trust, Carolyn S. Hummon Living Trust, Barbara L. Mann Revocable Trust, Gregory J. and Janalee Seiwert, Jeffrey R. Walker and Stephanie R. Berland, Youngboo and Ivy Yang; PEC, PA c/o Rob Hartman (agent) Request City zone change from LC Limited Commercial and GO General Office to SF-5 Single-family Residential on property described as: OAK CREEK LEGAL FOR G.O. TO SF-5 ZONING A TRACT OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 9 TOWNSHIP 27S, RANGE 2E OF THE 6TH P.M., WHICH IS A PORTION OF OAK CREEK 2ND AND OAK CREEK 3RD ADDITIONS TO WICHITA, SEDGWICK COUNTY, KANSAS; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF THE N.E. 1/4 SECTION 9, TOWNSHIP 27S, RANGE 2E OF THE 6TH P.M., SAID POINT BEING ON THE WEST LINE OF SAID OAK CREEK 2ND ADDITION; THENCE N88º57’55”E, ALONG THE NORTH LINE OF THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION 9, TOWNSHIP 27S, RANGE 2E, A DISTANCE OF 806.90 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1200.00 FEET AND A CHORD BEARING OF N08º50’45”W; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32º57’19”, AN ARC DISTANCE OF 690.21 FEET, TO THE NORTH LINE OF OAK CREEK 3RD ADDITION; THENCE BEARING N89º13’29”E, ALONG THE SAID NORTH LINE A DISTANCE OF 614.84 FEET TO THE EAST LINE OF THE WEST HALF OF THE N.E. 1/4 OF SECTION 9, TOWNSHIP 27S, RANGE 2E; THENCE BEARING S00º41’52”E, ALONG SAID EAST LINE A DISTANCE OF 2001.72 FEET TO THE SOUTH LINE OF SAID WEST HALF OF THE N.E. 1/4 SAID POINT ALSO BEING THE SOUTH LINE OF OAK CREEK 2ND ADDITION; THENCE S88º54’47”W, ALONG SAID SOUTH LINE A DISTANCE OF 1326.86 FEET, TO THE S.W. CORNER OF SAID WEST HALF, SAID POINT ALSO BEING THE S.W. CORNER OF OAK CREEK 2ND ADDITION; THENCE N00º37’46”W, ALONG THE WEST LINE OF SAID WEST HALF AND OAK CREEK 2ND ADDITION A DISTANCE OF 1331.29 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 2,123,342 S.F. OR 48.75 ACRES MORE OR LESS. OAK CREEK LEGAL FOR L.C. TO SF-5 ZONING A TRACT OF LAND IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 27S, RANGE 2E OF THE 6TH P.M., SAID TRACT ALSO BEING A PORTION OF OAK CREEK 2ND, OAK CREEK 3RD, AND OAK CREEK 4TH ADDITIONS TO WICHITA, SEDGWICK COUNTY, KANSAS; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF THE N.E. 1/4 OF SECTION 9, TOWNSHIP 27S, RANGE 2E, SAID POINT ALSO BEING THE SOUTH LINE OF SAID OAK CREEK 2ND ADDITION; THENCE N00º41’52”W, ALONG THE WEST LINE OF THE EAST HALF OF SAID N.E. 1/4 A DISTANCE OF 2001.72 FEET TO THE NORTH LINE OF SAID OAK CREEK 3RD ADDITION; THENCE BEARING N89º13’29”E, ALONG THE NORTH LINE OF OAK CREEK 3RD ADDITION, A DISTANCE OF 635.49 FEET, TO THE N.E. CORNER OF OAK CREEK 3RD ADDITION; THENCE BEARING S00º46’41”E, ALONG THE EAST LINE OF OAK CREEK 3RD ADDITION, A DISTANCE OF 95.10 FEET; THENCE BEARING S16º42’22”E, A DISTANCE OF 272.68 FEET; THENCE BEARING S00º00’09”E, A DISTANCE OF 265.67 FEET TO THE S.E. CORNER OF LOT 3, BLOCK 2, OAK CREEK 3RD ADDITION, SAID POINT ALSO BEING THE N.E. CORNER OF RESERVE “C”, OAK CREEK 4TH ADDITION; THENCE BEARING S20º19’07”E, ALONG THE N.E. LINE OF OAK CREEK 4TH ADDITION, A DISTANCE OF 142.07 FEET; THENCE BEARING S49º12’55”E, A DISTANCE OF 203.62 FEET; THENCE BEARING S58º32’09”E, A DISTANCE OF 204.11 FEET TO THE N.E. CORNER OF RESERVE “D” OF OAK CREEK 4TH ADDITION; THENCE BEARING S00º45’57”E, A DISTANCE OF 166.01 FEET TO THE NORTH LINE OF LOT 5, BLOCK 1, OAK CREEK 4TH ADDITION; THENCE S89º14’03”W, ALONG THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 9.0 FEET TO THE N.W. CORNER OF SAID LOT 5; THENCE BEARING S00º45’57”E, ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 205.90 FEET TO THE S.W. CORNER OF LOT 5, SAID POINT ALSO BEING THE NORTH LINE OF OAK CREEK PARKWAY; THENCE BEARING S89º14’03”W, ALONG THE SAID NORTH LINE OF OAK CREEK PARKWAY A DISTANCE OF 35.00 FEET; THENCE BEARING S00º45’57”E, A DISTANCE OF 623.36 FEET TO THE SOUTH LINE OF THE EAST HALF OF THE N.E. 1/4 OF SECTION 9, TOWNSHIP 27S, RANGE 2E, SAID POINT ALSO BEING THE SOUTH LINE OF OAK CREEK 2ND ADDITION; THENCE BEARING S88º54’47”W, ALONG THE SAID SOUTH LINE A DISTANCE OF 1,037.86 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 1,793,656.13 S.F. OR 41.18 ACRES MORE OR LESS. Generally located southwest of Greenwich Road and 21st Street North. BACKGROUND: This is a request for a zone change from GO General Office (“GO”) and LC Limited Commercial (“LC”) to SF-5 Single-Family Residential (“SF-5”) for a 90-acre tract of land located approximately 750 feet south of 21st Street North and 400 feet west of Greenwich Road. It is requested to bring the zoning of the land into conformance to the current pattern of low density residential development underway on the property. The land is part of a 160-acre Community Unit Plan (“CUP”), DP-274 Oak Creek. The original intent of the CUP was to encourage a retail, office and residential mixed use development. The actual development pattern has followed a more traditional single-family residential character. The area to be rezoned as SF-5 consists of the eastern half of Parcel 2 and all of Parcels 5, 10 and 19. The adjacent land to the west and northwest (Parcel 4 and the western half of Parcel 2) already is zoned SF-5. That portion of the CUP bordering 21st Street North would remain zoned LC and NR Neighborhood Retail (“NR”) and that part of the CUP bordering Greenwich Road would remain zoned LC. Parcels 5 and 10 would be restricted to single-family homes. Parcel 2 also would allow patio homes and Parcel 19 would add the flexibility of zero-lot setback homes and duplexes. All parcels would be developed below the density of 8.7 dwelling units per acre allowed by SF-5 zoning and remain subject to applicable site development requirements of the CUP. The Unified Zoning Code (“UZC”) allows this type of flexibility in housing styles within a residential CUP so long as housing density remains below the density permitted in the underlying zoning district. To date 12 homes are built or underway. Glengate Villas (east half of Parcel 2) is 2/3rds complete with eight residences. One home is located on The Manors at Oak Creek (the Parcel 10) and three are located in Forestgate Estates (Parcel 5). The density of dwellings varies from roughly half-acre lots on Parcel 2 to two-acre lots on Parcels 5 and 10. Other land within the CUP to the west and northwest is zoned SF-5 and is vacant. The development to the west, The Remington, also is zoned SF-5. The portion of the CUP bordering Greenwich Road and 21st Street North is zoned LC except for the extreme northwest corner, which is zoned NR Neighborhood Retail (“NR”). Commercial use is anticipated as being appropriate along these major arterial corridors. Abutting southern border of the CUP, the east half is zoned GI General Industrial (“GI”) and is the site of an asphalt batch plant. The west half is in process of being rezoned from LI Limited Industrial (“LI”) to SF-5 and being developed as Waterfront Residential. CASE HISTORY: The property is platted as Oak Creek 2nd Addition, recorded October 6, 2006, Oak Creek 3rd Addition, recorded January 5, 2007 and Oak Creek 4th Addition, recorded July 27, 2007. A requested replat as Carriage Oaks Addition for Parcel 19 has been filed. The land in this application was originally approved as DP-266 Woodlands CUP on October 29, 2003, then merged into DP-274 on November 3, 2004. The application area has been restricted by the developer to less intensive (residential) uses through administrative adjustments dated May 10, 2006 and June 9, 2009 (as modified August 13, 2009). ADJACENT ZONING AND LAND USE: NORTH: LC, NR, SF-5 Vacant, shopping center SOUTH: SF-5, LI, GI Low density residential, concrete plant EAST: LC Vacant WEST: SF-5 Single-family residential, vacant PUBLIC SERVICES: The subject property has frontage along local public streets, Oak Creek Parkway and Chateau Parkway. These streets feed onto 21st Street North Road, a four-lane arterial street with dual center turn lanes. Similarly access is provided by 19th Street North to Greenwich Road. All normal public services are available. CONFORMANCE TO PLANS/POLICIES: The “2030 Wichita Functional Land Use Guide, as amended May 2005” of the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for ”regional commercial,” which does not conform to the zoning request. All four corners of the intersection of 21st Street North and Greenwich Road were designated for regional commercial, primarily due to the commercial corridor that was being developed along Greenwich Road coupled with the land’s proximity to the K-96 bypass. However, the commercial development pattern that is emerging is to confine the commercial uses to a shallower depth along the west side of Greenwich Road and south side of 21st Street North. A better designation for the emerging character of the Oak Creek development would be “urban development mix.” RECOMMENDATION: Based upon this information available prior to the public hearings, planning staff recommends that the request be APPROVED. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: To date 12 homes are built or underway. Glengate Villas (east half of Parcel 2) is 2/3rds complete with eight residences. One home is located on The Manors at Oak Creek (the Parcel 10) and three are located in Forestgate Estates (Parcel 5). The density of dwellings varies from roughly half-acre lots on Parcel 2 to two-acre lots on Parcels 5 and 10. Other land within the CUP to the west and northwest is zoned SF-5 and is vacant. The development to the west, The Remington, also is zoned SF-5. The portion of the CUP bordering Greenwich Road and 21st Street North is zoned LC except for the extreme northwest corner, which is zoned NR Neighborhood Retail (“NR”). Commercial use is anticipated as being appropriate along these major arterial corridors. Abutting the southern border of the CUP, the east half is zoned GI General Industrial (“GI”) and is the site of an asphalt batch plant. The west half is in process of being rezoned from LI Limited Industrial (“LI”) to SF-5 and being developed as Waterfront Residential. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property is less suited for commercial uses allowed by LC and GO zoning than as low-density residential use, as indicated by the actual development pattern. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The rezoning will enhance nearby residential property to the west and southwest that is developing similarly. It will create the need for effective buffering of the parcels from the remaining commercial zoned areas of DP-274, which is already addressed by the CUP. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The “2030 Wichita Functional Land Use Guide, as amended May 2005” of the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for “regional commercial.” This designation does not conform to the zoning request. A better designation for the emerging character of the Oak Creek development would be “urban development mix.” This would complement the Comprehensive Plan designation of the property to the west of DP-274 of ‘urban residential.” 5. Impact of the proposed development on community facilities: The impact would be unchanged as it validates the development pattern already allowed by the CUP and underway. DONNA GOLTRY, Planning Staff presented the staff report. MOTION: To approve subject to staff recommendation. J. JOHNSON moved, MITCHELL seconded the motion, and it carried (12-0). --------------------------------------------------- NON-PUBLIC HEARING ITEMS 5. Other Matters/Adjournment DIRECTOR SCHLEGEL referred Commission members to a draft pamphlet on the zoning process. He commented that staff had worked with a group of citizens regarding amendments to the Unified Zoning Code and that this pamphlet had been one of their suggestions. He requested that Commission members let staff know their comments, suggestions, etc., on the pamphlet by mid-September. --------------------------------------------------- MITCHELL referred to The Commissioner, publication by the American Planning Association provided with the agenda. He clarified that he understood from the Planning Retreat that the Comprehensive Plan would not be renewed or updated because there didn’t seem to be any interest by the electorate. DIRECTOR SCHLEGEL commented that staff had been working with Visioneering Wichita on updating the Comprehensive Plan; however, those resources have been diverted to the Downtown Master Plan. MITCHELL asked about a timetable for completion of the Downtown Master Plan. DIRECTOR SCHLEGEL said there is no firm timetable; however, they anticipate it will include 2010 and 2011. He said four design firms have been selected for review and that one should be selected in September or October. MITCHELL clarified then it will be between 2½ - 3 years before work can start on updating the Comprehensive Plan? DIRECTOR SCHLEGEL commented that his goal was go get resources allocated in the 2011 budget. He said there were a couple of different options to accomplish the update, including outsourcing the project to consultants or adding staff for that specific purpose. FARNEY commented that he has met with staff and Commissioner Norton regarding this issue. He suggested MAPC members start discussing this with elected officials to get money appropriated in next year’s budget. He agreed that everyone is focused on downtown right now. He concluded that the Comprehensive Plan is outdated. --------------------------------------------------- MCKAY asked about the status of the Identification Badges. MILLER STEVENS said she has no update. --------------------------------------------------- The Metropolitan Area Planning Department informally adjourned at 2:55 p.m. State of Kansas ) Sedgwick County ) SS I, John L. Schlegel, Secretary of the Wichita-Sedgwick County Metropolitan Area Planning Commission, do hereby certify that the foregoing copy of the minutes of the meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission, held on _______________________, is a true and correct copy of the minutes officially approved by such Commission. Given under my hand and official seal this ___________ day of ____________________, 2009. __________________________________ John L. Schlegel, Secretary Wichita-Sedgwick County Metropolitan Area Planning Commission (SEAL) August 20, 2009 Page 17