METROPOLITAN AREA PLANNING COMMISSION MINUTES August 21, 2008 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, August 21, 2008, 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: M.S. Mitchell, Chair; Don Anderson, Vice Chair; David Dennis; Darrell Downing; David Foster; Bud Hentzen; Hoyt Hillman; Bill Johnson; Ronald Marnell; John W. McKay; Jr. ; Debra Miller Stevens; Don Sherman; and G. Nelson Van Fleet (out @4:03 P.M.). Michael Gisick was absent. Staff members present were: John Schlegel, Director; Donna Goltry, Principal Planner; Bill Longnecker, Senior Planner; Derrick Slocum, Associate Planner; Neil Strahl, Senior Planner; and Maryann Crockett, Recording Secretary. -------------------------------------------------- 1. Approval of the August 7, 20078 MAPC meeting minutes: MOTION: To approve the August 7, 2008 Minutes, as amended. HILLMAN moved, VAN FLEET seconded the motion, and it carried (13-0). --------------------------------------------------- 2. CONSIDERATON OF SUBDIVISION COMMITTEE RECOMMENDATIONS SUBDIVISION CASE DETAILS 2-1. SUB 2008-60: One-Step Final Plat FALCON FALLS 4TH ADDITION, located north of 45th Street North and west of Hillside. NOTE: This is a replat of Lots 1-3 in Falcon Falls 3rd Addition in addition to a portion of a Reserve. STAFF COMMENTS: A. Water and sewer services are available to serve the site. 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. City Engineering has approved the drainage plan subject to an expansion of the drainage easement. D. 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. E. Since Reserve A includes a swimming pool, a site plan has been 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. The design for the pool must be submitted to Environmental Services for review prior to issuing a building permit for the pool. F. 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. G. For those reserves being platted for drainage purposes, the required covenant that 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. H. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. I. The plattor’s text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. J. The applicant shall install or guarantee the installation of all utilities and facilities 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.) K. The Register of Deeds requires all names to be printed beneath the signatures on the plat and any associated documents. L. 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. M. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant’s responsibility to contact all appropriate agencies to determine any such requirements. N. The owner of the subdivision should 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. O. Perimeter closure computations shall be submitted with the final plat tracing. P. Westar Energy has advised that any reconstruction or relocation of existing facilities will be at applicant’s expense. Q. 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 recommendation. JOHNSON moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 2-2. SUB 2008-61: One-Step Final Plat GARY GARRETT ADDITION, located east of Meridian and north of 45th Street North. NOTE: This is an unplatted site located within the City. STAFF COMMENTS: A. Wichita Water Utilities Department has advised that water services are available. The applicant shall guarantee the extension of future sanitary sewer (main and lateral) to serve the lots being platted. B. Since sanitary sewer is unavailable to serve this property, the applicant shall contact City Environmental Services 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 must obtain a permit from City Environmental Services prior to construction. 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. City Engineering has approved the drainage plan subject to the establishment of a minimum pad elevation. The applicant shall verify that there is no encroachment into the Flood Control right- of-way. E. County Surveying advises that the plat needs a bearing on the east line of the section. F. County Surveying advises that the dimension 294.44 in the legal description should be 290.44. G. County Surveying advises that dimensions to offset the iron on the west property line need to be corrected. 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. 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. P. 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 recommendation. JOHNSON moved, MCKAY seconded the motion, and it carried (13-0). --------------------------------------------------- 3. PUBLIC HEARING – VACATION ITEMS 3-1. VAC2008-18: City vacation of a portion of platted street right-of-way, generally located northeast of the Oliver and Central Avenues intersection APPLICANTS/OWNERS: Central & Oliver Holdings, LLC c/o Clint Miller AGENTS: Poe & Associates, c/o Tim Austin LEGAL DESCRIPTION: Generally described as remaining portion of Elm Street right-of-way (ROW) between the Glendale Avenue and the Oliver & Central Avenues intersection, as recorded in the East Highlands Addition, Wichita, Sedgwick County, Kansas. (see the attached legal & exhibit). LOCATION: Generally located northeast of the Oliver & Central Avenues intersection (WCC #I). REASON FOR REQUEST: Expansion of site(s) for redevelopment CURRENT ZONING: The site is a platted, developed public street ROW. Abutting northern and adjacent western and southwestern properties (across Central & Oliver Avenues) are zoned LC Limited Commercial (“LC”). Abutting southern property is zoned LC and B Multi-family Residential (“B”). Adjacent eastern property (across Glendale Avenue) is zoned TF-3 Two-family Residential (“TF-3”). The applicant is requesting the vacation of the described/remaining portion of the platted Elm Street public street ROW. The half of Elm Street that intersected the Central – Oliver Avenues intersection has already been vacated; V-1250, Film 679, Page 797. This previous vacation made Elm a dead end street. There are water and sewer lines within the proposed vacated ROW. The site is within a FEMA flood zone. Comments from Storm Water have not been received and are needed to determine if they have utilities located within the described easement. Westar has utilities within the proposed vacated ROW. Fire has a hydrant located within the proposed vacated ROW. The East Highlands Addition was recorded with the Register of Deeds August 5, 1924. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works/Storm Water, the Traffic Engineer, Fire, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the platted street ROW, as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle and the Derby Reporter, of notice of this vacation proceeding one time July 31, 2008 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above- described platted street right-of-way and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the platted street right-of-way described in the petition should be approved with conditions; (1) Retain those portions of the vacated street ROW as utility and drainage easements as determined by City Public Works/Storm Water and franchised utilities. Provide Planning staff with a legal description of the approved vacated ROW on a word document via e-mail. Provide Planning staff with a legal description of the portions of the vacated ROW utility and drainage easements as on a word document via e-mail. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicants. Retain all public ROW until all utilities have been relocated, as needed. Provide Planning staff with confirmation of this requirement being completed or suitable guarantees have been provided. (3) All improvements shall be according to City Standards and at the applicant’s expense, including any new driveways from private property onto public ROW, the continuation or providing new curb and gutter and drainage lines. Any new drives onto public ROW must be approved by the Traffic Engineer. Provide Public Works with all needed guarantee to ensure that those improvements will be made, prior to this vacation case going to City Council for final action. (4) 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) Retain those portions of the vacated street ROW as utility and drainage easements as determined by City Public Works/Storm Water and franchised utilities. Provide Planning staff with a legal description of the approved vacated ROW on a word document via e-mail. Provide Planning staff with a legal description of the portions of the vacated ROW utility and drainage easements as on a word document via e-mail. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility and at the expense of the applicants. Retain all public ROW until all utilities have been relocated, as needed. Provide Planning staff with conformation of this requirement being completed or suitable guarantees have been provided. (3) All improvements shall be according to City Standards and at the applicant’s expense, including any new driveways from private property onto public ROW, the continuation or providing new curb and gutter and drainage lines. Any new drives onto public ROW must be approved by the Traffic Engineer. Provide Public Works with all needed guarantee to ensure that those improvements will be made, prior to this vacation case going to City Council for final action. (4) 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. BILL LONGNECKER, Planning Staff presented the Staff Report. FOSTER mentioned the requirement for solid screening and that pedestrian access may be an issue. He said since they are trying to develop the corner as a neighborhood with a commercial retail center, pedestrian access from the neighborhood was important. He recommended that an access point through the solid screening be added as one of the conditions. LONGNECKER clarified FOSTER wanted an opening in the solid screen. MOTION: To approve subject to staff recommendation, plus require a pedestrian access from the residential area through the screening wall. FOSTER moved, HILLMAN seconded the motion. SUBSTITUTE MOTION: To use the language “allow” an access in the solid screening, instead of “require” an access. MARNELL moved, DENNIS seconded the motion, and it carried (13-0). --------------------------------------------------------- 3-2. VAC2008-22: City request to vacate a platted contingent dedication of alley and utility easement, generally located north of 10th Street and west of Minneapolis Avenue. OWNER/APPLICANT: Sedgwick County c/o Paula Downs LEGAL DESCRIPTION: The platted contingent dedication for a 20-foot alley and utility easement, as recorded on Lot 1, Block 2, the KUMC Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located east of Hydraulic Avenue, north of 10th Street, on the west side of Minneapolis Avenue (WCC #I). REASON FOR REQUEST: Additional space for development CURRENT ZONING: Subject property and all adjacent and abutting properties are zoned are zoned B Multi-family Residential (“B”) The applicant is requesting consideration for the vacation of the described portion of the platted contingent alley and utility easement. The described alley/easement currently runs west to east and connects the platted north – south alley to Minneapolis Avenue. There are manholes and sewer line in the platted north – south alley. Westar has utilities in the described alley/easement. The applicant will need to provide a dedication by separate instrument of a contingent 20-foot alley and utility easement from the north – south alley, going east – west to Kansas Avenue, to prevent a dead end alley. The KUMC Addition was recorded with the Register of Deeds April 3, 1995. 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/Storm Water, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the platted contingent alley and utility easement as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, in the Wichita Eagle and the Derby Reporter, of notice of this vacation proceeding one time July 31, 2008, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above- described platted contingent alley and utility easement and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the platted contingent alley and utility easement described in the petition should be approved with conditions; (1) Vacate only that portion of the platted contingent alley and utility easement as described in an approved legal description, as approved by City Water & Sewer, Public Works, Storm Water and franchised utilities. Provide Planning Staff the approved legal description of the vacated portion of platted utility easement, via e- mail on a Word document. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility, at the expense of the applicant and per City Standards. To abandon the sewer line provide Public Works with a certification from an engineer attesting that the sewer line has been abandoned per City Standards or provide a guarantee for the abandoning of the sewer line and a temporary easement, all to occur prior to the vacation case proceeding to City Council for final action. (3) Provide Planning Staff with a dedication by separate instrument of a contingent 20- foot alley and utility easement that will connected the platted north – south alley with Kansas Avenue. Provide the original to Planning prior to the vacation case proceeding to City Council for final action. (4) Per MAPC Policy Statement #7, all conditions shall 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) Vacate only that portion of the platted contingent alley and utility easement as described in an approved legal description, as approved by City Water & Sewer, Public Works, Storm Water and franchised utilities. Provide Planning Staff the approved legal description of the vacated portion of platted utility easement, via e-mail on a Word document. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility, at the expense of the applicant and per City Standards. To abandon the sewer line provide Public Works with a certification from an engineer attesting that the sewer line has been abandoned per City Standards or provide a guarantee for the abandoning of the sewer line and a temporary easement, all to occur prior to the vacation case proceeding to City Council for final action. (3) Provide Planning Staff with a dedication by separate instrument of a contingent 20-foot alley and utility easement that will connected the platted north – south alley with Kansas Avenue. Provide the original to Planning prior to the vacation case proceeding to City Council for final action. (4) Per MAPC Policy Statement #7, all conditions shall 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 staff recommendation. JOHNSON moved, DENNIS seconded the motion, and it carried (13-0). --------------------------------------------------- 3-3. VAC2008-23: City vacation request to vacate multiple easements and a portion of alley right-of-way, generally located on the northwest corner of Seneca Street and Douglas Avenue. OWNER/APPLICANT: Jack Pearce c/o Quick Trip West Inc, McNamara Los Osos (owners/applicants), Crafton Tull Sparks, c/o John Mohler LEGAL DESCRIPTION: The vacated platted 15-foot alleys retained as utility easements (V- 1730, Film 1236-Page 974), a 5-foot utility easement dedicated by separate instrument (Film 1236-Page 970), and a portion of platted alley as recorded on the Martinson’s Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located on the northwest corner of Seneca Street and Douglas Avenue (WCC #IV). REASON FOR REQUEST: Additional space for redevelopment CURRENT ZONING: Subject property is zoned LI Limited Industrial (“LI”), GC General Commercial (“GC”), and LC Limited Commercial (“LC”). Adjacent eastern (across Seneca) and northern properties (across Pearl Street) are zoned GC & LC. Adjacent western properties (across Dodge Avenue) are zoned LC & GC. Adjacent southern properties (across Douglas) are zoned LC. The applicant is requesting consideration for the vacation of the described vacated platted 15-foot alleys retained as utility easements, a 5-foot utility easement dedicated by separate instrument and a remnant portion of a platted alley. The described easements and portion of alley run west - east and north – south. There are manholes and sewer line in the east – west easement. Comments from Storm Water and franchised utilities have not been received and are needed to determine if they have utilities located within the described easements and alley. Because the proposed redevelopment of the Quick Trip site includes expanding the size of the site, including the demolition of the abutting fast food restaurant, there may be access control issues that need to be addressed; the Traffic Engineer must approve any and all changes in access to and from the proposed Quick Trip site. The Martinson’s Addition was recorded with the Register of Deeds March 3, 1886. 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/Storm Water, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the easements and alley 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, in the Wichita Eagle and the Derby Reporter, of notice of this vacation proceeding one time July 31, 2008, 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 alley and utility easements and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the platted contingent alley and utility easement described in the petition should be approved with conditions; (1) Vacate only those portions of the alley and utility easements as described in an approved legal description, as approved by City Water & Sewer, Public Works, Storm Water and franchised utilities. Provide Planning Staff the approved legal description of the vacated portion of platted utility easement, via e-mail on a Word document. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility, and at the expense of the applicant and per City Standards. To abandon the sewer line provide Public Works with a certification from an engineer attesting that the sewer line has been abandoned per City Standards or provide a guarantee for the abandoning of the sewer line and a temporary easement, all to occur prior to the vacation case proceeding to City Council for final action. (3) Provide Planning Staff with all required dedications by separate instruments for utility easements. Provide the original to planning prior to the vacation case proceeding to City Council for final action. (4) All improvements shall be according to City Standards and at the applicant’s expense including any new driveways from private property onto public ROW, the continuation or providing new curb and gutter and drainage lines. Any new drives onto public ROW must be approved by the Traffic Engineer. Provide Public Works with all needed guarantee to ensure that those improvements will be made, prior to this vacation case going to City Council for final action. Provided all needed dedications for complete access control as determined by the Traffic Engineer. Provide the original to planning prior to the vacation case proceeding to City Council for final action. (5) Retain the remnant portion of a platted alley that intersects Seneca, until the Traffic Engineer makes a determination in regards to its need or lack thereof in reference to Seneca ROW. (6) Per MAPC Policy Statement #7, all conditions shall 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. SUBDIVISION COMMITTEE’S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Vacate only those portions of the alley and utility easements as described in an approved legal description, as approved by City Water & Sewer, Public Works, Storm Water and franchised utilities. Provide Planning Staff the approved legal description of the vacated portion of platted utility easement, via e-mail on a Word document. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility, and at the expense of the applicant and per City Standards. To abandon the sewer line provide Public Works with a certification from an engineer attesting that the sewer line has been abandoned per City Standards or provide a guarantee for the abandoning of the sewer line and a temporary easement, all to occur prior to the vacation case proceeding to City Council for final action. (3) Provide Planning Staff with all required dedications by separate instruments for utility easements. Provide the original to planning prior to the vacation case proceeding to City Council for final action. (4) All improvements shall be according to City Standards and at the applicant’s expense including any new driveways from private property onto public ROW, the continuation or providing new curb and gutter and drainage lines. Any new drives onto public ROW must be approved by the Traffic Engineer. Provide Public Works with all needed guarantee to ensure that those improvements will be made, prior to this vacation case going to City Council for final action. Provided all needed dedications for complete access control as determined by the Traffic Engineer. Provide the original to planning prior to the vacation case proceeding to City Council for final action. (5) Retain the remnant portion of a platted alley, that intersects Seneca, until the Traffic Engineer makes a determination in regards to its need or lack thereof in reference to Seneca ROW. (6) Per MAPC Policy Statement #7, all conditions shall 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. MOTION: To approve subject to staff recommendation. JOHNSON moved, DENNIS seconded the motion, and it carried (13-0). --------------------------------------------------- PUBLIC HEARINGS 4. Case No.: CON2008-33 Deferred from August 7, 2008 – Robert and Sherri Gerety (owner); Carla and Michael Hobbs (contract purchaser); Coldwell Banker c/o Tony Utter (agent) Request City Conditional Use for Group Residence, Limited in NO Neighborhood Office zoning on property described as; All of Lots 1 and 3 and the North 10 feet of Lot 5, Topeka Avenue, Stone’s Addition to the City of Wichita, Kansas, Sedgwick County, Kansas, together with the East Half of the vacated alley adjoining on the West. Generally located on the southwest corner of Topeka Avenue and 10th Street North (1065 North Topeka). BACKGROUND: The applicant is requesting a Conditional Use for Group Residence, Limited, to operate a group residential center for girls on property zoned NO Neighborhood Office (“NO”) and located west of Topeka Avenue and south of 10th Street North (1065 North Topeka Avenue). Group Residence is defined in the Unified Zoning Code (“UZC”) as: “a residential facility providing cooking, sleeping and sanitary accommodations for a group of people, not defined as a family, on a weekly or longer basis.” Children’s homes are cited as a typical group residence by the UZC. Group Residence, Limited is further defined as: “occupied by six to 15 persons, including the staff members who reside at the facility.” This request is seeking to establish a youth residential center for six to eight girls ages 6 to 17 year of age. See attached information from the contract purchaser/operator of the facility. Placement at the residence would be for up to 90 days, with possible 60-day extensions. Two staff members would be onsite at all times. The property is listed on the National, State and Local Historic Register as a contributing structure to the North Topeka Avenue/10th Street Historic District. The structure is a three story house built in the 1800s, with living room/dining/kitchen on the main level, bedrooms on the second floor and a finished third floor, possibly acceptable as living quarters. The applicant has stated that the structure would be used without any significant modifications. Most recently, it was occupied as a single-family residence. Prior to that, it was converted from multi-family residential use to office use. A concrete parking area with at least five parking spaces is located on the rear of the lot, which provides off-street parking for the structure. The parking requirements for a group residence are one space per house parent/staff, plus one for each resident who is permitted to drive. This parking area would be sufficient, so long as most of the residents (girls) are too young or not allowed to drive. The property to the north and northeast is a mix of residential, medical office clinics, and office uses and a community center, on property zoned NO, GO General Office (“GO”) and B Multi- Family (“B”). Via Christi Saint Francis Campus, located on property zoned GO, is to the east. A parking lot and more medical facilities are located to the south and a fast-food restaurant is located to the southwest. A vacant office is located to the west and another fast-food restaurant is located to the northwest. The properties to the south and west are located on property zoned B or LC Limited Commercial (“LC”). CASE HISTORY: The property is platted as Stone’s Addition, recorded May 7, 1884. BZA 40-83 granted two variances to this property in combination with two structures north of 10th Street North. It eliminated the screening requirement and restricted signage on the 1109 North Topeka (the same sign restrictions were placed on 1103 by a previous variance, BZA6-83). BZA40-83 also reduced parking requirements for the three properties (1065, 1103 and 1109 North Topeka) but only so long as they were held in the same ownership and kept in general office use. While these variances remain valid, the condition of “same ownership” is no longer met; presumably each use should now meet its own parking needs. An earlier variance, BZA51-82, eliminated the screening requirement between 1065 North Topeka (the application area) and its adjoining B-zoned parking lot. The property is located in the North Topeka Avenue/10th Street Historic District. ADJACENT ZONING AND LAND USE: NORTH: NO, GO, B Office, residential, medical clinics SOUTH: B, NO, LC Parking lot EAST: GO Via Christi Saint Francis Hospital campus WEST: LC Restaurants, vacant office PUBLIC SERVICES: The property has access onto 10th Street North, a local street. The property abuts Topeka Avenue but does not have a driveway on this frontage. Topeka Avenue is classified as a collector street. It carries two-way traffic between Murdock and 10th Street North, and has four through lanes and one left-turn center lane. Topeka Avenue splits at 10th Street North, with the two northbound lanes bending and jogging a block eastward to Emporia Avenue. Topeka Avenue becomes a one-way, three lane southbound street north of 10th Street North. In 2007, the traffic volume (Average Daily Traffic) on Topeka between 10th and 13th Street North was 2,124 vehicles per day, and the volumes increased south of 10th to Murdock to 4,953 vehicles per day. All normal utility services serve the site. CONFORMANCE TO PLANS/POLICIES: The “2030 Wichita Functional Land Use Guide”, 2005 amendments to the Wichita-Sedgwick County Comprehensive Plan identifies the site as “local commercial”. The Midtown Neighborhood Plan, adopted by the City and County in 2004, identifies halfway houses, correctional facilities and group homes (group residence as technically defined in the UZC was considered in the same category as these other uses) as future uses of concern to the neighborhood (see pgs 21, 46 and 64-65). Retaining existing residential uses and encouraging home ownership is also a priority (pg 39). The Historic Midtown 2020 Future Land Use Concept Map identifies the property as for “Mixed Use-Multi-Unit/Commercial.” The plan supports commercial use or residential use, but not institutional types of residential housing arrangements like group residences. The historic landmark designation of the property does not regulate land use, but affects the types of changes made to the physical structure to maintain its historic integrity. Alterations would require review by the Historic Preservation Board. RECOMMENDATION: The proposed use for Group Residential, Limited, conflicts with the neighborhood policies and proposed land use contained in the Midtown Neighborhood Plan. Group Residence is regulated more stringently than all other residential uses except perhaps Assisted Living by the UZC. In terms of intensity based on being allowed by right or by Conditional Use, Group Residence is on par with institutional uses such as Cemetery and Community Assembly, and considered of higher intensity than Group Homes, Limited and General. Group Residence is seen as creating more potential impacts on surrounding properties because of the greater activity level associated with it compared to conventional dwelling units. More people tend to reside in it than conventional dwellings, more people other than residents (staff, visitors, etc.) tend to be coming and going from it, individuals live shorter lengths of time, which leads to a sense of flux of the occupants, more cars tend to be parked at it compared to a conventional dwelling unit, etc. Finally, the historic designation of the property does not eliminate its use as a group residence, but it highlights the importance of maintaining its historic integrity. Based on these factors, a staff recommendation of denial was presented to the District VI Advisory Board on August 4, 2008. After consideration of the applicant’s intent to operate a more restrictive type of group residence, limited with fewer residents and only young girls, and from testimony received at the DAB meeting, the DAB recommended that staff, the applicant and representatives of Midtown meet to develop conditions that would allow the Conditional Use, but would incorporate language to ensure that the structure’s integrity would be maintained and that a future owner of the property would be restricted to a Group Residence, Limited that would be compatible with the Midtown Neighborhood Plan. The following conditions incorporate the recommendation of the District Advisory Board. Based on these factors, staff recommends CON2008-00033 be approved subject to the following conditions: 1. The Group Residence, Limited, shall be required to be licensed by KDHE as a Group Boarding Home under K.A.R. 28-4-268 to 28-4-280 (or equivalent requirements if amended at a future time). 2. The Group Residence, Limited, shall meet all conditions of K.A.R. 28-4-268 to 28-4-280 as contained therein; any exceptions or modifications resulting in less stringent conditions than otherwise specified herein or as stated in attached Exhibit shall be considered as violating this Conditional Use. 3. The maximum number of residents shall be limited to the number and age permitted by licensure as a Group Boarding Home under KDHE regulations or a maximum of ten (10) youth, aged six to 17 years of age, whichever is more stringent. 4. All residents shall be under protection of SRS as Children In Need of Care and meeting standards and procedures of SRS/KDHE for care of these children. 5. Children shall be supervised at all times by minimum of two (2) staff persons. 6. On-site parking must be available for everyone functioning in a staff position (paid and/or volunteer) at the site. 7. Signs for the Group Residence, Limited, shall be limited to signs permitted in the SF-5 district. 8. All changes to the interior of the residence must be approved in conformance with KSA 75-2714-2729. 9. The site plan shall be revised to indicate parking and other site development regulations per the Unified Zoning Code or conditions of this Conditional Use. 10. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The property to the north and northeast is a mix of residential, medical office clinics, and office uses and a community center, on property zoned NO, GO and B. Via Christi Saint Francis Campus, located on property zoned GO, is to the east. A parking lot and more medical facilities are located to the south and a fast-food restaurant is located to the southwest, a vacant office is located to the west and another fast-food restaurant is located to the northwest. These uses are located on property zoned B or LC. The property is located on the edge of one of the oldest neighborhoods in the city, with a number of properties and several historic districts located within the neighborhood. 2. The suitability of the subject property for the uses to which it has been restricted: The site is suited for low intensity types of office use, which is similar to the use of the other structures in the North Topeka Avenue/10th Street Historic District. Most recently, the property was occupied as a single-family dwelling. Before this, it was an office facility. Both previous uses are uses encouraged by the Midtown plan. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Group Residence is seen as creating more potential impacts on surrounding properties because of the greater activity level associated with it compared to conventional dwelling units. More people tend to reside in it than conventional dwellings, more people other than residents (staff, visitors, etc.) tend to be coming and going from it, individuals live shorter lengths of time, which leads to a sense of flux of the occupants, more cars tend to be parked at it compared to a conventional dwelling unit, etc. Allowing a group residence could increase traffic, noise and activity compared with a low intensity office use or conventional residential use. The recommended conditions are tailored to reduce the scope and impact of the Group Residence, Limited, to reduce these potential impacts on the surrounding properties. 4. The length of time the subject property has remained vacant as zoned: Most recently, the property was occupied as a single-family dwelling. It has been on the real estate market for a few months. Prior to this occupant, it was a small-scale office facility. Both previous uses are encouraged by the Midtown plan. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The “2030 Wichita Functional Land Use Guide”, 2005 amendments to the Wichita-Sedgwick County Comprehensive Plan identifies the site as “local commercial”. The Midtown Neighborhood Plan, adopted by the City and County in 2004, identifies halfway houses, correctional facilities and group homes (group residence as technically defined in the UZC was considered in the same category as these other uses) as future uses of concern to the neighborhood (see pgs 21, 46 and 64-65). Retaining existing residential uses and encouraging home ownership is also a priority (pg 39). The Historic Midtown 2020 Future Land Use Concept Map identifies the property as for “Mixed Use-Multi- Unit/Commercial.” The plan supports commercial use or residential use, but not institutional types of residential housing arrangements like group residences. The historic landmark designation of the property does not regulate land use, but affects the types of changes made to the physical structure to maintain its historic integrity. Alterations would require review by the Historic Preservation Board. The recommended conditions are tailored to reduce the scope and impact of the Group Residence, Limited, to make it in better conformance with the plans and policies of the Midtown Neighborhood Plan. 6. Impact of the proposed development on community facilities: The site will have minimal impact on traffic. 7. Opposition or support of neighborhood residents: This cannot be fully known prior to the public input, but input from the Midtown Plan tends to point to opposition of the neighborhood, as expressed by the needs analysis at Midtown Community Resource Center Park-It (May 9, 2002) to keep out additional halfway houses, correctional facilities and group homes. In contrast, the testimony received at the District VI Advisory Board tended to support the placement of a modified and less intensive group residence. DONNA GOLTRY, Planning Staff presented the revised Staff Report. She said changes included the number of children allowed and supervision requirements both on and off-site. ERIC COMMER, AGENT ON BEHALF OF CARLA HOBBS said they agree with the changes proposed by staff. MOTION: To approve subject to staff recommendation. HENTZEN moved, MILLER seconded the motion, and it carried (13-0). --------------------------------------------------- 5. Case No.: ZON2008-27/CON2008-24 Deferred from June 19, 2008 – Resource Recovery Management, LLC/Robert W. Kaplan Request County zone change from SF-20 Single- Family Residential to RR Rural Residential and County Conditional Use permit for a construction and demolition landfill in RR Rural Residential zoning on property described as; The Southeast Quarter, except roads on East and South, Section 21, Township 28 South, Range 1 W of the 6th P.M., Sedgwick County, Kansas. Generally located West of Ridge Road and north of 55th Street South. BACKGROUND: The applicant is seeking RR Rural Residential (“RR”) zoning and Conditional Use (“CU”) approval to permit a “construction and demolition” (“C&D”) landfill on approximately 160.8 acres located northwest of the intersection of Ridge Road and West 55th Street South. The 160-acre application area is zoned SF-20 Single-family Residential (“SF-20”), is currently used as cropland and has approximately one-half mile of road frontage along both Ridge Road and 55th Street South. The SF-20 zoning district does not permit landfills; however the RR district does permit landfills with conditional use approval. Near the center of the site there are two 50-foot wide utility easements running east-west through the site. The applicant’s site plan depicts three major landfill areas or phases, a composting area and a drainage detention/retention. Approximately 94 acres of the site will be used for C&D landfill operations, with a storage capacity of 6.4 million cubic yards. Phase I is proposed to be located in the northeastern quadrant of the quarter-section. The entrance to the site is to be located approximately 450 feet south of the northeast corner of the application area, using Ridge Road to enter Phase I. The Ridge Road entrance is to be the project’s only entry point. Roadways located internally to the site will provide interior traffic circulation to the other fill areas. Also located in Phase I, located south of the entrance, is to be a building housing the: scale, office, training room and storage. Ten parking spaces are shown nearby the multi-use building. On average, there will be six employees operating the facility. The Phase I fill area is designed to extend to the west, creating a Phase II fill area that would occupy most of the northwestern quadrant of the site. The toe of the fill area for Phases I and II is to be setback from Ridge Road 175 feet; 150 feet from the north and west property lines and 50 feet from the south, adjacent to a fifty-foot wide Kansas Gas and Electric Company easement. Approximately the southern 1,060 feet of the site is proposed to contain the Phase III fill area. Again, the toe of the fill area would be setback 175 feet from Ridge Road; 150 feet from 55th Street South and from the western property line. The northern toe of the Phase III fill area would be setback 50 feet from a Kansas Gas Supply pipeline easement. In the center portion of the site, located between the two utility easements, the applicant proposes to locate a detention/retention pond and an area for composting. On the east-center portion of the site, the applicant indicates six acres of the site will be dedicated to the composting of construction/demolition waste and other inert waste. On the west-center portion of the site, there will be a detention/retention pond. At the time that filling begins, each fill area will be fenced with a six to eight-foot chain-link fence. Landscaping and berms are to be installed as depicted on the site plan. The fill areas may be excavated prior to depositing fill material in order to increase capacity and to provide soil for the proposed berms. The applicant proposes to fill up to 80 feet above existing grade, and is requesting a 33-year life span. Staff is advised the site is currently free of groundwater contamination. The applicant indicates they expect approximately 400 tons of waste to be delivered daily. The applicant proposes hours of operation of 6:00 A.M. to 6:00 P.M., Monday through Friday; 6:00 A.M. to 4:00 P.M. on Saturday and closed on Sunday. Open space with an option to continue recycling is the site’s proposed post-closure use. Recycling will require an amendment to the proposed conditional use or a new application. Surrounding properties are zoned SF-20, except the southeast corner that is zoned GI General (“GI”) Industrial, and used for crop production. There are at least three single-family residences located to the west of the site, approximately 667 feet, 927 feet and 2,650 feet away. Except for Air Products, all of the land located west of Ridge Road near the application area is used for agricultural activities. The closest other residence is located approximately 2,133 feet to the north, east of Ridge Road, and is zoned SF-20. There are some other residences located one-half mile to the north, north of 47th Street South and one-half mile line west of Ridge Road; also zoned SF-20. An electric utility station is located one-half mile east of the site, and is zoned LI Limited Industrial (“LI”). One-half mile south of the site, east of Ridge Road, is the Occidental Chemical plant, zoned GI. Northeast of the Occidental chemical plant, southeast of the site, is a grain elevator, zoned LI. Air Products is located approximately 1.25 miles south of the application area, and is also zoned GI. RR zoned land is located ˝ mile south of the application, west of Ridge, and is located one mile west of the application area, just south of 55th Street. The border between the SF-20 and RR zoning districts was likely established in 1958 when land located approximately within three miles of the then city limits of Wichita were zoned SF-20 and land beyond that three mile distance was zoned RR. The site is located approximately 2.5 miles south of Mid-Continent Airport. The recommended conditions of approval require compliance with applicable local, state and federal regulations. The applicant supplied a page from their licensing application indicating that Federal Aviation Administration Office (FAA) Advisory Circulars AC150/5200-33B titled Hazardous Wildlife Attractants on or near Airports and AC150/5200-34A titled Construction or Establishment of Landfills [MSWLF] near Public Airports do not apply to C&D landfills. Staff contacted Mid- Continent staff regarding the application, and was advised to contact the FAA. The program manager for the regional FAA office replied to staff’s inquiry stating: “My understanding is that this is a construction and demolition landfill that will not accept putrescible waste and will not be co-located with other waste disposal operations. Such landfills generally do not attract wildlife and are compatible with airport operations.” The greater Wichita area currently has three C&D landfills in operation: the City of Wichita’s at Brooks Landfill and C&D Recyclers operate a facility at 4250 West 37th Street North and at 3299 Southeast Boulevard; none of which are located in the southwest quadrant of the county. The facility at 4250 West 37th Street is permitted up to 70 feet in height on their fill areas. However long it takes for the fill area to reach 70 is the time frame for that conditional use. The 3299 Southeast Boulevard facility is to cease operations in December 2010, and the height of fill was limited to five feet above the grade of the Santa Fe Railroad tracks. With respect to recycling, staff from the FAA has advised planning staff that composting is not allowed on airport property, but is allowed off of airports so long as the fill material does not contain putrescible materials. With respect to drainage, the site plan depicts a detention/retention pond in the left center of the site. The plan also depicts that drainage will flow south to the center of the southern property line where an existing drainage structure exists underneath 55th Street South. By code, the applicant is to design a drainage plan that limits the amount of runoff that occurs after development to the amount of runoff that existed prior to development. Due to the expense involved in developing a detailed drainage plan, detailed drainage plans are typically developed when the property is platted, not during the conditional use hearings. Staff has been advised by at least two interested neighbors that due to the very level topography of the area, drainage is a concern as it does not take very much rain before the water ponds, and it takes a few days for the land to finally drain. There have also been expressions of concern if the height of the fill material will speed up the rate of runoff, thereby increasing the volume and the potential that stormwater could inundate Ridge Road. Any improvements needed to address drainage issues would be guaranteed at the time of platting. (See recommended condition of approval G below.) With respect to groundwater, “location restriction D” listed below requires a five-foot separation from the predicted maximum water table elevation to the bottom of the landfill cell. Also, it is planning staff’s understanding that local regulations require the applicant to insure that an impermeable barrier is either present in walls and bottom of each cell or is installed, or monitoring wells are installed. Staff has been advised that Occidental Chemical has water wells located within a mile of the site to the north and within 1.5 miles to the south. Occidental Chemical also has a 14 inch water line running along the west side of Ridge Road, adjacent to the application area that serves their plant located south of the application area. Occidental Chemical also has many monitoring wells in the area and is concerned that they may have to install additional wells to protect their interests if the request is approved without further study. Another concern expressed by at least one resident has to do with the potential for a vapor release from Occidental chemical or any of the other industrial uses in the area that may deal in materials that are “heavier than air”; will the mounds created by the fill impede or delay the dispersal of heavier than air material to a degree that the presence of the landfill increases the hazard to nearby residences? Per the Sedgwick County Sign Code, the site will be limited to an eight square-foot sign unless modified by the conditions of approval listed below. CASE HISTORY: None ADJACENT ZONING AND LAND USE: NORTH: SF-20 Single-family Residential; farmland SOUTH: SF-20 Single-family Residential; farmland EAST: SF-20 Single-family Residential; farmland WEST: SF-20 Single-family Residential; farmland PUBLIC SERVICES: Publicly supplied sewer and water service is not available at this location. Ridge Road is a paved two-lane section line road with 50 feet of half-street right-of-way. 55th Street South is a sand and gravel two-lane section line road with 30 feet of half-street right-of-way. At the time of platting, the applicant may be asked to install a south-bound right-turn lane and a north-bound left-turn lane on Ridge Road at the entrance to the landfill. The closest City of Wichita supplied sewer and water service is approximately 1.5 to 1.75 miles away (following current street right-of-way lines) at 47th Street South and Hoover. 47th Street and 63rd Street east of Ridge Road do not connect with Hoover. The main paved routes to the site from Wichita or Haysville would be coming west on 55th Street or south from K-42 on Ridge Road or west on MacArthur and then south on Ridge Road. Sedgwick County Fire Station No. 34 is located at 71st Street South and West Street, and would likely be the first responder to any fires or medical emergencies at this location. CONFORMANCE TO PLANS/POLICIES: The application area is located within the City of Wichita’s 2030 Urban Growth Area. Land located within a city’s urban growth area is currently undeveloped, but has the potential to be developed by the year of 2030. “Landfills” are categorized by the Comprehensive Plan as a “major utility/transportation” use. Location guidelines contained in the Comprehensive Plan indicate that major utilities should be located near support services and be provided with good access to major arterials and should be extensions of existing industrial uses. The plan also recognizes the need to minimize the potential for environmental contamination while maintaining cost efficiency by proper management of construction debris generated within the county. The County’s Comprehensive Plan also contains an objective that states an intention to enhance and encourage agricultural activities within Sedgwick County, recognizing that viable agricultural land exists within the County. The proposed site has been reviewed by Sedgwick County’s Solid Waste Management Committee and has received their approval (May 5, 2008). Licensing by the County is required as is conformance with the County’s C & D landfill design and operation requirements. Pertinent site design requirements include: A. No operations shall be located closer than 500 feet of an occupied dwelling, school, or hospital that was occupied on the date when the owner first applied for a permit, unless the owner of such dwelling, school or hospital consents in writing. (The nearest occupied residences are located approximately 780 feet southwest and 980 feet west of the site.) B. Newly permitted C&D facilities shall maintain a minimum 150-foot buffer from the edge of the C&D landfill’s property line. (The proposed site plan meets this standard.) C. Surface water drainage and control systems shall divert surface water away from areas where waste is present or from operational areas. (Item G in the conditions of approval addresses this requirement.) D. Discharge of pollutants is prohibited. E. C&D facilities shall be reasonably screened from adjacent roads, streets, and commercial or residential properties except at points of ingress and egress, to a minimum height of 8 feet by the use of berms, walls, fences or plantings. (The proposed site plan depicts plant materials to be located along the eastern, southern and the southern 1/3 of the western side of the site. Berms are depicted along the southern 1/3 of the western side of the site and along the northern and southern 1/3 of the eastern side of the site, and along the southwest and southeast corners of the site. Plant materials and berms are absent along the western side of the Phase II fill area.) F. Landscaping shall be maintained in proper order. G. Facility property and property within one-half mile from the facility shall be kept reasonably free of debris, litter or vectors resulting from the C&D facility. (See item E in the conditions of approval.) H. Access roads to the facility shall be all weather and negotiable at all times. Load limits on bridges and access roads shall be sufficient to support traffic generated by the facility. (Access to the site is proposed to be off of Ridge Road, and see Item D in the conditions of approval.) Location restrictions include: A. C&D facilities shall not be located within the 100-year floodplain unless protected by flood control levees. (Site appears to be out of 100-year flood plain) B. C&D facilities will not cause significant degradation of wetlands. (Applicant must provide documentation that this is not a wetland area.) C. C&D facilities will not result in the destruction of critical habitat of endangered or threatened species nor contribute to the taking of same. (No evidence has been presented which would suggest that this is an issue.) D. The vertical separation between the lowest point of the lowest cell and the predicted maximum water table elevation shall be sufficient to maintain a five foot vertical distance between deposited material and the water table elevation. E. No permit for a C&D facility shall be issued on or after the effective date of this resolution if such area is located within one mile of an intake point for any public water supply system. The owner may petition the County Commissioners for an exception based upon proof of protection of the public water supply. RECOMMENDATION: An industrial use such as a landfill could be a compatible land use to many of the area’s existing industrial uses since a landfill typically has a low number of employees when compared to a residential subdivision or other industrial use, and the existing industrial uses in the area have the potential to represent a hazard to residential uses. Agricultural activities are also compatible with industrial uses. Because of the existing industrial uses in the area, it is likely there is already a significant amount of truck traffic. Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to platting within one year, and subject to the following conditions: A. Demolition and construction solid waste resulting from the construction, remodeling, repair, repair and demolition of structures, roads, sidewalks and utilities as further defined in K.S.A. 65-3402(u) shall be the only landfill material permitted. Household solid waste, hazardous or toxic wastes, as defined by K.S.A. 65-3430 et. seq. shall not be permitted for disposal at this site. B. The landfill operation shall obtain all applicable permits or licenses prior to depositing landfill material on the site. Operations shall proceed in accordance with all regulations and conditions established by the Kansas Department of Health and Environment (KDHE), Wichita-Sedgwick County Health Department, FEMA, the Corps of Engineers, the Department of Wildlife and Parks or any other agency having jurisdiction or oversight authority for the activities conducted on the application area. C. A landfill operator shall be on the site during all hours of operations for the purpose of screening incoming loads for authorization, inventory of the type, size and quantity of loads, and direction of loads to the appropriate cells. Access to the subject property shall be prohibited except during the hours of operation. D. The delivery of construction and demolition waste to the site shall be only by way of paved roads. E. A minimum 8-foot high fence shall be installed around the perimeter of the site to minimize the blowing of any materials onto adjacent properties. The fence shall be either chain link or welded or woven wire with openings no larger than two inches. The fence shall be installed prior to the beginning of filling operations. F. Upon written notice of any violation by the appropriate zoning administrator or any agency authorized to permit, review or evaluate operations, operations shall cease and the violation shall be corrected within 48 hours. G. A detailed grading/drainage plan shall be submitted to the Sedgwick County Department of Public Works for review and approval prior to commencement of operations. As part of that review, the Department may require that easements be dedicated for drainage purposes. A copy of the approved grading and drainage plan shall be submitted to the Planning Department for filing with other case materials. The operation of the landfill shall be in conformance with the approved grading and drainage plan, and with the approved “Site Plan.” Landfill operations shall be conducted so as to minimize the area that could blow. In order to minimize the potential for blowing material, a maximum of 3 acres at any one time may be utilized as fill area. Prior to the opening of any new area, the previous area shall be graded and seeded with at least 18 inches of clean cover material. All fill, work or drive areas shall be maintained in a manner that minimizes blowing dust or fugitive material. H. The maximum height of fill material shall not exceed 80 feet in height; and landfill and composting operations shall cease 33 years from the date of final approval. It shall be the responsibility of the applicant to notify the planning staff and the Director of County Code Enforcement of the date when filling began; otherwise the time period shall run from the date of MAPC or BoCC approval, whichever is latest. I. A landscape plan shall be submitted for review and approval by the Director of Planning. All plant materials shall be maintained in good condition and shall be replaced as necessary and immediately within the context of the growing season. Evergreens, a minimum of 5-feet in height shall be installed between the fill areas and the property lines at a rate of at least one tree per 15-feet. The landscaping is to be installed prior to beginning fill operations on the site. J. Right-of-way dedications commensurate with those required by the Subdivision Regulations shall be required if existing rights-of-way are substandard. K. If required, a revised site plan shall be submitted for review and approval. L. The C&D landfill shall be developed and operated in compliance with all conditions of approval or the Conditional Use shall be considered null and void. Operations shall commence within one year of the date of final approval or the Conditional Use shall be declared null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: Most properties immediately surrounding the application area are zoned SF-20, and used for crop land. The southeast corner of the intersection of 55th Street South and Ridge Road is zoned GI General Industrial, and used for crop production. There are single-family residences located to the west of the site. An electric utility is located one-half mile east of the site, and zoned LI Limited Industrial. One-half mile south of the site, on Ridge Road, is the Occidental Chemical plant, zoned GI General Industrial. Northeast of the Occidental Chemical plant, southeast of the site, is a grain elevator, zoned LI. One mile to the east is a solid waste transfer station, zoned LI Limited Industrial. In general, the area east of Ridge Road is a mix of industrial and agricultural uses while the area west of Ridge Road is agricultural. RR zoning exists anywhere from immediately south of 55th Street, one mile west of the application area to 1.5 miles south of the application area. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned SF-20 Single-family Residential, which permits low density residential and a few other residentially compatible uses, as well as agricultural activities. The site is currently farmed and could continue to provide an economic return as currently used (cropland) and zoned. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Rezoning the site to RR allows the applicant to request the conditional use for the landfill. The SF-20 district does not permit a conditional use application for a landfill. Therefore, the request for RR zoning opens the door for the conditional use request for the landfill. The majority of Sedgwick County is zoned RR, and approval of RR zoning would not in and of itself permit the requested landfill. In fact, the RR district is a more restrictive district from the standpoint that the RR district requires a two-acre minimum lot size while the SF-20 district permits lots as small as 20,000 square feet. The recommended conditions of approval contained in the conditional use are designed to minimize foreseeable detrimental impacts of a C&D landfill. Truck traffic will probably increase; however there probably already is substantial truck traffic in the area due to the grain elevator and Occidental Chemical, and the applicant will be required to provide any needed traffic improvements at the time of platting. Fencing, berms and landscaping are required to limit fugitive debris and to screen at-grade work areas. The recommended hours of operation are more restrictive than what typically occurs with agricultural activities. A drainage plan is required at the time of platting to address stormwater issues. Sedgwick County’s and the Kansas Department of Health and Environment’s standards are designed to address other foreseeable impacts. 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 benefit the community at large by providing an additional C&D landfill site in a quadrant of the city that currently does not have such services; and will increase competition for such services. The only other C & D landfill located in the southern part of the Wichita metro area is scheduled to close in 2010. Approval could negatively impact adjacent property owners by introducing a use that is not currently in the area, and whose potential collateral impacts may be seen as disruptive to a farming lifestyle. Presumably denial would be an economic loss to the property owner. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The application area is located within the City of Wichita’s 2030 Urban Growth Area. Land located within a city’s urban growth area is currently undeveloped but has the potential to be developed by the year of 2030. “Landfills” are categorized by the Comprehensive Plan’s as a “major utility/transportation” use. The site has access to a paved arterial road, Ridge Road, and can be viewed as an extension of the existing industrial uses in the larger area: Occidental Chemical, Air Products, grain elevator, utility substation and a municipal solid waste transfer station. The plan also recognizes the need to minimize the potential for environmental contamination while maintaining cost efficiency by proper management of construction debris generated within the county. The site is located in reasonable proximity to sites expected to generate the majority of the waste. The County’s Comprehensive Plan also contains an objective that states an intention to enhance and encourage agricultural activities within Sedgwick County, recognizing that viable agricultural land exists within the County. 6. Impact of the proposed development on community facilities: The site does not require municipally supplied sewer or water service. Truck traffic on Ridge Road will increase and may requirement improvements, and if needed, will be identified at the time of platting. Sedgwick County Fire Station No. 34 is located at 71st Street South and West Street, and would likely be the first responder to any fires or other emergencies at this location. Due to the change in use, additional traffic and code enforcement and road maintenance will likely be required. FOSTER recused himself and left the bench. SHERMAN recused himself and left the bench. MCKAY suggested that since public input was taken on this item at the June 19, 2008, MAPC meeting, that public input be limited to three minutes per person. MOTION: To limit public input to three minutes per person on this item. MCKAY moved, DOWNING seconded the motion and it carried (11-0). JOHNSON clarified that the property owner was John Dugan Jr. and not John Dugan Sr. BOB PARNACOTT, COUNTY COUNSELOR, said that was correct, John Dugan Sr. was not involved in the application. DENNIS reported that he had received ex-parte communication on this item. CHAIRMAN MITCHELL asked if anyone on the Planning Commission had not received ex- parte communication on the item. No one responded (everyone had received ex-parte communication). DONNA GOLTRY, Planning Staff presented the Staff Report and mentioned that a revised site plan had been included in the information provided in advance to commissioners, and that a drainage concept plan is being provided today. JIM WEBER, DEPUTY DIRECTOR, PUBLIC WORKS, SEDGWICK COUNTY briefly reviewed County involvement in drainage issues as follows: Received Technical Memorandum by Golder Associates on 8/13/08; met with Baughman Company to discuss drainage on 8/14/08; suggested revisions to site plan to clarify flow patterns on 8/14/08; received new drainage drawing and revised site plan on 8/20/08. He said during operation in the north half of the site, natural ponding will continue in the south half of the site and engineered detention storage would not be required. He said operation of the south half of the site will require an engineered detention storage system. He reviewed the drainage evaluation as follows: * Evaluated existing conditions and estimated pre-development flow at 55th St. of 652 cfs for 100 year event (overtops the road). * Evaluated post-development conditions for the site and the property to the north and estimated flow at 55th of 445 cfs for 100 year event. * Evaluated drainage from the west and determined that 490 cfs would flow into the pond from the west. * Pond was preliminarily sized at 100 acre-feet to hold water from the west until it can be pumped out over time. * When added together, discharge from the pond and discharge from the site would not exceed 652 cfs after development. He said Sedgwick County’s general standard was that you need to match the post development runoff rate to the predevelopment runoff rate so as not to impact someone downstream or impound water on land upstream. He said Public Works was in agreement with Golder’s evaluation of the drainage. He added that the applicant understands the need to submit additional detail in a drainage plan for platting such as ditch grades, culvert sizing and pump sizing. He said the major issues to be resolved were a guarantee that the pond and pump system will be installed prior to operation on the south half of the site and a guarantee that the pond and pump system will be operated and maintained privately in perpetuity. He said during platting, staff and the applicant need to resolve how those items get guaranteed. He said staff does not see this as something the public needs to take over, but this should happen privately. He said another issue was Bergkamp’s farm property to the south. He said Mr. Bergkamp will want to speak to the Commission about that later in the meeting. He reviewed photos including an aerial view of the quarter section, looking west from the tailwater pit pond, looking north from the tailwater pit pond, and ditch plug (westward view). He said in order to make the system work; they install a small berm when it is dry to allow water coming from the west to enter the pit pond, instead of continuing south. He commented that County staff did not have an opinion about that and added that it was one-half mile off-site. He concluded by saying that the proposed drainage plan will insure that the maximum discharge rate will never be higher, after the development is completed, than it is today. MITCHELL stated that there will be a difference in the sequence of runoff from a pump discharge system and natural runoff. He said that may have some kind of effect on Mr. Bergkamp’s irrigation system and he felt that needed to be considered. WEBER conceded that was correct. He said the short version was the pond will store 100 acre feet of water and that it will be discharged over a longer period of time. He said they do not have calculation for what the discharge time would be. He said with normal rainfall, the field may drain within 4-5 days and what the applicant is proposing may interfere with Mr. Bergkamp’s irrigation. BOB KAPLAN, AGENT FOR THE APPLICANT said the two issues which were the drainage issue and Westar easement issue they believe have been resolved. He introduced MARK ADAMS, WASTE CONNECTIONS, who he said could answer questions concerning the drainage plan. He said they will concur and meet County Public Works requirements on the drainage issues. MARK ADAMS, WASTE CONNECTIONS, REGION ENGINEERING MANAGER, 6855 SOUTH HAVANNA, CENTENNIEL, CO referred to the updated drainage analysis and said it was more of an area-wide analysis and more of a comprehensive review. He mentioned the benefits of the pond pumping station constructed in preparation of any development of the landfill on the south portion of the site. He said this pond and pumping system enables Waste Connections to regulate the discharge of storm water off the site. He said by doing that, they believe they improve the current situation by having more of a predictable discharge from the three culverts along 55th Street South, as opposed to the current situation where when there is a major event, there is overtopping of the street itself. He said the pond/pump system in the southwest corner will actually provide an improved regulated discharge of flow downstream. He said the analysis shows that post-development rates of discharge would not exceed pre-development rates. He said with reference to the items MR. WEBER referred to that would be addressed at platting, he suggested a condition to the permit with regard to the timing and development of the pond pump system that requires that the system is constructed, put in place, and is demonstratively operational before any development occurs on the south side of utility lines. EUGENE ZELLER, 4316 SOUTH RIDGE COURT said there are five new houses and a vacant lot that he owns. He said in the area north of the proposed site, there are at least 10-11 $300,000 new homes which will be in the path of the compost smell with a south or southwest wind. He said Prospect Park was located within the next mile and then Cessna. He said he was concerned about the compost smell and the truck traffic. MARNELL asked MR. ZELLER to indicate the location of his residence on the map. JOLENE TOMAN, 1340 PECANWOOD GODDARD, KS said she was a member of the Thome family that owns the land directly west of the proposed C&D landfill. She said at the last hearing they heard from Occidental Chemical and their concerns about drainage of the waters from this area. She said with a proposed staff of only six to run the landfill and monitor the materials to be deposited, the type of chemical makeup of the landfill contents will be left largely to chance. She said rainwater will cascade over 80 foot piles of debris to be retained on ponds. She asked what contaminates will enter the water and where will they ultimately come to rest. She said an answer to this question is available in the recent scheduled early closure of a C&D landfill in Overland Park, Kansas. Because of flooding from storm water and surface flooding, the APAC, KS Landfill will be closed 10 years early. She said a revised operating permit requires that the water level in the landfill be brought down to a maximum depth of 12” to reduce the production of hydrogen sulfide and methane gases that have plagued the surrounding area for years. She said the floodwater and all of the contaminants it now contains are being slowly pumped from the site into area creeks and eventually into larger river systems. She said the reduction of poisonous gas release was determined to be more urgent than the release of contaminants contained in the outflow waters. She said heavy residential development in the area since the landfill was approved makes continued operation impossible. She asked if it is fair that only rural areas qualify as suitable locations for this type of facility. She said it is also fair that those who have been appointed as decision-makers and representatives for all of the people be held to a very high standard of certainty about the environmental and quality of life issues that come with such a facility. She said the MAPC may guarantee the continued existence of proven and productive land use by denying the changes placed before them today. She said those who live in this area do not want to become a second generation of people who lost their homes and farms to the uncertain plans and special interests of others. She said she was referring to past problems when the property was owned by Frontier Chemicals, Vulcan, and Occidental Chemical. She said they had experts back then trying to figure out the problem and they didn’t. TAPE 1, SIDE 2 GREG SEILER, 3920 215th STREET WEST, GODDARD, KS said he would like to make a short statement concerning technology. He said he was a large animal Veterinarian, primarily food producing animals, thus he is responsible for helping make sure the meat and milk we consume is not contaminated by the drugs we use to treat animal disease. He said these are Food and Drug Administration (FDA) approved drugs. He said he was sure our waste disposal companies use the most current technologies available today in managing their waste disposal operations, in an effort to insure there is no underground nor above ground contamination of our environment. He said there is a list of drugs today that were FDA approved based on safety technology at the time of approval. He said he used lots of the drugs to treat food animal diseases legally over twenty-seven years of practice. He said today they are illegal and his use of some of them could put him in federal prison. He said improved current technology forbids the use of these drugs. He said they have hazardous side effects, some of which are cancer causing. He said his point is that the best technology at the time is what we based our decisions on. He said he was concerned that the technology for handling the growing amount of Chromated Copper Arsenic (CCA) treated lumber (pressure treated lumber) that is going into our landfills especially C&D landfills is inadequate, because municipalities especially in populated areas of the country are just starting to deal with the arsenic leached from these landfills into their drinking water supplies. He referenced the four articles provided as handouts of the many reference articles about this growing problem other cities are already dealing with. He said in the articles it appears that the original pressure treated (CCA) lumber is reaching its lifespan and the rate at which it arrives at landfills will be increasing substantially. He said at the same time the Environmental Protective Agency (EPA) is reviewing CCA, and proposed tougher limits for the amount of arsenic in drinking water. He said it also appears that for now the safest place to dispose of it is only in Class 1 lined landfills in hopes that this technology can contain the arsenic and chromium and we won’t have the very long term environmental problems that could result. He said some waste disposal companies are sorting the CCA lumber off and sending it to Class 1 lined landfills. He said this growing problem belongs to all of us. He said burning the lumber for energy is an option but only with scrubbers because the trivalent chromium is converted to hexavalent chromium, a toxic chemical made infamous by the story of Erin Brockovich. RON KETCHNER said he was a concerned citizen and that he felt three minutes was not enough time to speak on the issue. He asked the MAPC to give people a few more minutes to speak on an issue this important. MOTION: To give MR. SEILER another three minutes to speak. JOHNSON moved, DOWNING seconded the motion, and it carried (11-0). GREG SEILER summarized by saying that he had two hopes. First, that this Commission and the County Commissioners take the time to check with other cities that are already dealing with this potential long term arsenic problem, also check with the EPA and KDHE before approving this or any other landfill. Secondly, he said if the City of Wichita must have another landfill, consider seeking a location far enough away from our city and surrounding populated area that the growing CCA problem would have little or no effect on such a large number of people. MEGAN EICKHOLT, 213 SW SUNSET DR., LEE’S SUMMIT, MO said she was strongly opposed to Resource Recovery Management’s request for rezoning for several interdisciplinary reasons. She said from a civic perspective, there is no valid need. Wichita already had three sites currently that together will provide for the city’s needs for the next 50-75 years according to local industry expert Ron Cornejo. She said there was no need to rape this piece of land for a mere 25 years of use and leave it unwanted and unusable for the next 2,000 years. She said from a historical perspective, this site runs on the Chisholm Trail, which should be preserved and protected as a state treasure. She added that according to Excel Water Technologies, mercury and benzene are found in landfill runoff, which causes kidney damage and leukemia, respectively. She said the EPA recognizes that PCBs (polychlorinated biphenyls), a chemical found in many industrial applications, does indeed cause cancer. She said PCBs can be found in landfill run off and discharge of waste. She added that undisclosed asbestos particles, cement and concrete dust will be carried by those fantastic Kansas winds, causing lung damage, and the Center for Disease Control sites asphalt as a cancer hazard. She asked what happens when asphalt particles leach into your water? Or in the water for livestock that will end up being the steak you pick up at Dillon’s for tonight’s dinner? She said she had hoped to return to this area to live with her husband and children. She said should the MAPC proceed with this site, why would she or any other family or any business want to be near here? Furthermore, she said she has reviewed the recording of the last meeting, and because this issue involves business ethics, the Commission may be tempted to conveniently and abrasively chalk this up to the “not in my backyard” argument. She said if the Commission does not care whose backyard this dump is in, then may she suggest that this whole matter be resolved by moving the site to the Commissioner’s backyards. TIM LAUER, 3205 Wild Thicket said he was the son of the adjacent property owner to the north of the proposed zoning change. He referred the Commissioners to copies of his material handed out at the meeting. He referred to an aerial and several maps of the area. He said his training and education background as a professional geologist has been instrumental in the following arguments. He said he was strongly opposed to the requested zoning change. He said the purpose of his visit to today’s meeting was to enter into the public record, specific documents, supporting maps and plates, which demonstrate irreparable harms which would arise from this proposed zoning changes should the MAPC grant the zoning modification. He said the documents and supporting plates are provided to the MAPC for their files in the event the motion was passed. He said the same documents will be retained by him should the need arise to petition the courts for protection against the detrimental effects caused by the MAPC approval. He said while land use is the primary concern of the MAPC, the applicant opened the “ultimate use” issue when he expressed the reason of this zoning change is specific to the need for what the applicant can provide. He said Mr. Kaplan is well aware, as is he, that the MAPC is not to be in the business of denying zoning changes due to the actual future use. He said the MAPC is to be guided by an impartial decision process regardless of the ultimate use allowed under the zoning change. He said on August 20, 2008, he contacted the Kansas Department of Health and Environment (KDHE), the Soil Conservation Service, and the Army Corps of Engineers. He said these agencies were the “front line” agencies that deal with water flow, storm water runoff, and clean water standards. He said as of August 20th, he could not confirm that permit applications had even been applied for by the applicant. He said he could confirm that those persons responsible for those approvals have a keen interest in the project and look forward to learning more about it. He said increased water volume and flow rate are known to be a byproduct of changing the surface landforms. He said the direct correlation between surface area and slope of the landform immediately and directly impact adjacent areas. He said because of the detrimental effects which can result from changes in surface topography, there exist several government agencies whose primary purpose is to guarantee control and regulation of any changes to surface topography. LAUER said there are four reasons the MAPC should deny this request as follows: 1. The project location currently falls within the City’s projected expansion plan for the next twenty-two years; 2. Property devaluation and direct damage of adjacent and surrounding properties (a.) water flow away from landfill will create opposing water flow and increased turbidity; (b.) turbidity causes sediment movement and displacement (erosion); (c.) erosion will occur west of the property as new erosion channels and cultivated land loss will occur; (d.) erosion and increased water runoff which will occur south of the property will threaten existing drainage structures currently insufficient to handle normal water runoff; (e.) erosion and increased water runoff will occur east of the site threatening Ridge Road, Westar plant facilities, and potential runoff directly into the Cowskin Creek; (f.) erosion and increased water runoff will occur north of the property and is the most bothersome as this will directly feed storm waters into Dry Creek and threaten household structures in the known floodway. MOTION: To give the applicant an additional two and one-half minutes. HILLLMAN moved, DENNIS seconded the motion, and it carried (11-0). LAUER added that 3. Degradation of water quality and source was also an issue and said the State has an interest in water issues and gathers information regarding hydrology from the Kansas Geological Survey and 4. Contamination of surface waters (jurisdiction of the Corps of Engineers) was also an issue. LAUER concluded by saying that five minutes to present opposition to the plan was not sufficient to go into the full details of the problems with this request for zoning change. He said he did appreciate the MAPC entering his information into the public record and looked forward to the opportunity to further support this information. LAUER said he strongly disagreed that the north will not require a retention pond. He said any berm construction will require a retention pond immediately. He said he was also not in agreement with the Golder’s evaluation because as a geologist he understood drainage patterns. He said in his business “regulated discharge” is called disaster recovery management. He referred to what he called the most important map, which showed the current drainage which is right in the middle of the property. He said his grandfather helped dig ditches to drain land so it could be farmed. He said there are three features that are all high. He said drainage will be diverted north into the dry creek and threaten homes. He said it will threaten the east to the Cowskin Creek and it will overwhelm the flow to the south. He mentioned sewage disposal and property to the south. He concluded by saying that when the surface area and the rate of slope is increased, there is a problem. He also mentioned erosion on the west side. He said should the applicant feel irreparable harm by the denial of the zone change request, he was open to negotiate the possible purchase of the land the applicant has acquired to reduce the financial damage caused by the purchase of the property. KAREN DREILING, 3700 151st STREET WEST,GODDARD, KS requested that the MAPC disapprove the requested zoning change and asked the following questions, which she also provided to the Commission as a handout. She asked why this application for a zoning change is even being considered in our present climate of saving our planet from further pollution and waste. Where are the visionaries among the leaders of Wichita and Sedgwick County that would seek out innovative and earth friendly alternatives to our trash problems? Where are those who would place Wichita and Sedgwick County in the forefront of environmental safety? Would not the expense, man-hours and expertise used by the seller of the property and the potential buyer of this site been better spent in furthering the research and development of ways to recycle, reuse, and reprocess our trash into a safe, useable and economic energy for the good of all the people of Wichita and Sedgwick County? How many of the members of this Planning Commission would welcome a C&D landfill as their neighbor? Would you allow your children’s and grandchildren’s birthright to be devalued by an un-mandated and unnecessary landfill? And, she also asked if “spot zoning” was legal? She concluded by suggesting that the zone change be considered in a separate vote from the conditional use application. WAYNE KOCH, 3725 FAIRLAWN, PROSPECT PARK SUBDIVISION, said he lives in the western half of Prospect Park subdivision and of the thirty-three homes, all but two people signed the petition to protest this rezoning request. He said living in the area for 20 years, they have had annexation forced down their throats, asphalt forced down their throats, transfer stations forced down their throats and now this landfill. He said even in a C&D landfill trash and other debris are going to find their way into the landfill. He mentioned condemned homes demolished by commercial companies and said it is not just construction and demolition materials that end up in the dumpster and added they do not separate materials. He said it is all dumped in one big dumpster. He said this will also generate more traffic down Ridge Road, which will include roofers, and loose material on the road, including roofing nails. He also mentioned the dust this was going to cause in the area. He concluded by asking MR. DOWNING as far as “not in my backyard” was concerned, how would MR. DOWNING feel if this was put in his backyard. DOWNING said he was not going to answer any questions today thank you. TOM STUCHLIK, WESTAR ENERGY, 818 TOPEKA AVENUE, TOPEKA, KS said at the last Commission meeting Westar did not object to the landfill; however, they had concerns about the operation of their 138 kV line which essentially runs through the center of the site. He said since that time they have had discussion with the applicant and land owner and found out more information about the operation of the landfill. He said subsequent to that, they spoke with three other utilities with similar transmission lines located next to similar landfills in the Midwest. He said based on that discussion, they reviewed regulations and requirements for the landfill as far as containment. He said based on their review and discussion with the other utilities, they have negotiated an agreement with the applicant and landowner for a 200 foot easement directly underneath this line at the time of platting. ELLIE SKOKAN, 5825 MEMPHIS, BELAIRE, KS said she was speaking on behalf of the Sierra Club Southwind group in Wichita. She briefly summarized some of their concerns about the application. She said there remains inadequate accommodation for the increased rate of runoff from the site. She said while the applicant will not be permitted to change the amount of runoff, the rate of runoff will increase due to the elevation change. She said no distinction is made in the materials between how waters considered contact water versus storm water (KDHE regulation terms) will be kept separate and how each will be handled. She said the applicant states that this is the best available site. She said they wonder if any consideration was given to the use of a “brown field” location. She said they are in favor of the reuse of already contaminated properties for facilities such as this C&D landfill. She said this proposal will remove160 acres of agricultural land from production. She said the applicant has not shown how the denial of this permit would negatively impact his current use of the land. She asked why the applicant did not include a recycling operation at this site, since much material could be recycled and reused. She also asked what materials are to be composted at the site. She said the proposed six acres seems small to accommodate much composting. She said members of the Sierra Club have been working with Occidental Chemical (formerly Vulcan) through community involvement to reduce the impact of that facility on residents of this area. She said they are also concerned that the height of the cells will have an impact on the dispersion of any possible releases from the Occidental Chemical facility and thus impact residents. She said this will force Occidental Chemical to revise their Risk Management Plan which projected the “worst case scenario” in case of an accidental release. She concluded by saying that the location of the C&D landfill at this site did not seem to be in keeping with the 2030 projected use of this land as urban development mix, nor does it meet the planning objective to preserve agricultural land. BILL MCKIBBAN, 8026 WEST 47th STREET SOUTH said he lived one-half mile straight north of the proposed site. He said they moved there about twenty years ago because they like the farm environment and farming community. He said there is not a lot of traffic, weird smells, maybe a little farming dust, but just a pleasant, quiet place to live and raise your kids. He said if this goes through he is going to step out his front door to see a humongous hill, with atrocious smells, and dust coming from the south wind. He said this will totally change all the reasons they moved out there in the first place. He said he didn’t understand how someone could come in and just disrupt everything that way. He mentioned the runoff and said when they get much rain; the drainage off the field south of 47th Street goes over the road. He said he can’t imagine what it will be like when the landfill is up and running. He said he didn’t know who projected what, but that a little common sense goes a long way. He concluded by asking who would want to live in his house when this goes up with the huge hill of trash and a lot of dirt. TOM BERGKAMP, 8231 WEST 55th STREET SOUTH, CLEARWATER, KS said his home was located about one-quarter of a mile from the west border of the proposed site. He said putting a C&D landfill on this property was not the highest use for the area and it would detrimentally affect the land he leases and owns south of the site. He said he had the legal right to protect his property from surface water. He referred to a site map on a PowerPoint presentation that showed a detention/retention pond west of Phase III with a pump to collect runoff water and pump out at a later date. He showed the effect this would have on his farming operations. He said they flood irrigate the entire one-half section from their home straight south and east to Ridge Road in ditches that are gravity fed. He said they usually irrigate May through September and they construct a temporary dirt berm that stops the water from continuing through the ditch to the south. He said if and when this retention/detention pond is put in, it won’t be pumped out until the water flow over and underneath 55th Street South subsides or quits. He said at some point that it will be pumped out down to their tailwater pit pond. He said that is not going to work with the temporary dirt berm he uses to water his farm. He said under normal conditions, the pit can supply enough water to irrigate 80 acres but if the berm is not there, the water will drain down south. He said he did not know how the Division of Water Resources in Topeka would like that, since it is not good use of irrigation water. CHARLES BECKER, 5741 SOUTH MAIZE ROAD OR 103rd STREET WEST, CLEARWATER, KS said he spoke at the last meeting and supplied a lot of information with maps and pictures and slides. He said he was present to speak in opposition of this proposed project and appeal to the Commissioner’s good judgment and plain good old common sense that this is just not a good site. He said all the so-called negotiations that have taken place since the June 19 hearing are nothing more than an art form of deception practiced by lawyers and politicians to gain the objective for their client for choice words and innuendos. He said the materials and views submitted at the prior hearing speak for themselves. He said people cannot easily attend these kinds of meetings and their presence at the previous meeting should speak a great deal. He said this project is not wanted by the surrounding suburban population, it is not warranted, it is not needed and it will be an undue burden for the Township and an eyesore in a pristine agricultural environment. He said he had a list 75 people who live in the neighborhood who are totally opposed to this project and it will only benefit the owner of the property without regard to those who live around it. KAPLAN said he did not have time to respond to the comments individually; however, he said number one, they cannot go through the permitting process until the land use is approved. He said the permitting process starts after the MAPC has made a recommendation. He said number two; KDHE strictly regulates these facilities and almost all of the comments concerned items regulated by KDHE. He said their engineering study is both professional and accurate. He invited Tom Bergkamp to join them in the platting process for the project. MARK ADAMS said in terms of erosion control MR. LAUER failed to mention the detailed engineering analysis they will provide to KDHE which details best management practices and procedures to eliminate erosion issues. He invited MR. LAUER to work with them in that process. DENNIS commented once this project is no longer economically feasible, how the applicant is going to guarantee that the pump continues in operation. KAPLAN said he could go on record that they guarantee the matter in perpetuity. He said they can do it with financial documents or covenants that run with the land. He said they will be required to provide that documentation prior to platting, both for the drainage plan and the financial guarantees. DENNIS said since the water runs off the facility, how are they going to guarantee no contaminants from the facility get into the water or soil. MARK ADAMS he said they institute controls and engineering for both C&D and municipal solid waste landfills they operate that separates contact water that has come into contact with certain waste materials. He said that is a part of their submittal to KDHE and that they are required to provide documentation on how that situation will be handled. He said the short version was they are required to divert contact water and store it separately from non-contact water that will be re- circulated through water erosion, detentions ponds and sediment systems before going off site. HILLMAN mentioned the public’s concern regarding the content of the materials that may show up within the site. He asked how Waste Connections was going to insure that those items are either cleaned or recycled, that the facility will have a lining and that the facility will be monitored. He also asked how they would address dust control. MARK ADAMS said they have a water truck that will dispense water both inside the facility and along the dirt roads in the area that require dust suppression. He said that is a standard operating procedure. He said as far as a liner and monitoring system, once they get past this phase, in the next phase they will complete a hydro geologic investigation of the site to help them establish the extent and nature of any linings or monitoring systems as part of this particular project. He said that review and analysis is part of their decision making process in order to protect human health and the environment. He said that will all be part of their submission to KDHE. He said Waste Connections has a very rigorous waste screening process that begins at the point of generation all the way through to the ultimate point of disposal. He said they are looking at other locations for additional recycling of C&D waste. TAPE 2, SIDE 1 HILLMAN asked if Waste Connections had a process for en-capturing the heavy metals that might come from the materials that go into the site. MARK ADAMS said the sorts of materials that are permitted to be disposed of at this site are construction and demolition wastes and inert wastes so any concentrations of constituents are incidental to the total volume of waste. He said, obviously, those play a part in the KDHE’s review of the site, the geologic conditions, and the lining and monitoring systems that would be put in place; but for a site of this nature, they don’t believe that there is a significant issue with arsenic and chromium. He said they would not see biodegradation occurring in wastes like this, unlike solid waste where there is significant biological and chemical reaction within the waste mass. This is not the kind of waste mix where that type of activity would occur. JOHNSON asked how many locations Waste Connections has throughout the country. MARK ADAMS said they currently operate thirty-seven landfills across twenty-three states in the United States. He said in the Midwest area they have C&D facilities in Garden City, KS; David City, NE; and Sedalia, CO. He said they have a great deal of experience within the region but also company-wide on the proper operation and management of these kinds of facilities. JOHNSON referenced to MR. SEILER’S question concerning the problem of something that was buried in a “non-lined” pit. MARK ADAMS said he was not specifically familiar with that case but he understands from the testimony that it was hydrogen sulfides presumably coming from sheetrock or some other waste materials. He said there is the potential for gases to be generated from certain waste types that are disposed of in construction/demolition facilities; however, he said that is not a typical occurrence but an isolated one and something that they would need to manage should that issue occur. He said they have not had the issue, but there are remedial actions that can be taken to manage that. JOHNSON asked how many C&D sites were located here in Wichita. KAPLAN said Cornejo operates one at 37th and West Street; there is a C&D at K-15 and 31st Street which expires in 2010; and a small C&D at Brooks Landfill which is owned by the City of Wichita. He said the need is there and certainly in the southwest part of the City and County. JOHNSON said part of the property was zoned LI, which means it is open to a lot of activity the way it is zoned today. He said since this is a special use permit, there will be a number of restrictions and requirements which must be met. He asked for clarification that if any one of those restrictions or requirements was not met, then the permit could be taken away? GOLTRY asked if he was referring to condition #L. in the Staff Report which states “The C&D landfill shall be developed and operated in compliance with all conditions of approval or the Conditional Use shall be considered null and void. Operations shall commence within one year of the date of final approval or the Conditional Use shall be declared null and void.” She said there was a process involved to declare the conditional use “null and void”. She said it was possible, but that it was a difficult operation. She said during today’s testimony there were at least three conditions recommended; two by MR. WEBER and one a request from Westar which would constitute additional conditions of the conditional use. She said the Commission may want to discuss whether or not it is appropriate to include them in the list of conditions recommended by staff. MOTION: To approve subject to staff recommendation, and the three additional conditions mentioned by Planning Staff. MCKAY moved, ANDERSON seconded the motion, and it carried (6-5-2). MILLER STEVENS, HENTZEN, HILLMAN, DENNIS, VAN FLEET – No. FOSTER and SHERMAN – Abstained. DENNIS said he does not support the motion because he does not believe the requested zoning is in character with the neighborhood. He said the restrictions will definitely affect nearby property owners and the local community. HENTZEN said he would not support the motion. He said if he had the exclusive right to decide or to pick where to put a landfill, even a construction and demolition landfill, he would not pick this site. He said this area has been a problem forever, regardless that the experts claim they can do this and they can do that. He said he cannot support the motion. HILLMAN said he would not support the motion for a variety of reasons. He said this area has been referred to as a swamp and has always had water issues. He said it is a great area but lack of coordination among homeowners and between farms and not establishing a water district has caused problems which he believes have been partially brought on by the owners themselves. He said this is a poor location for this particular use, but added that responsibility for the water issues needs to be shared all the way around. --------------------------------------------------- 6. Case No.: ZON2008-40 - Apex Engineering International LLC, c/o Jeff Landreth (ownership/applicant), MKEC Engineering Consultants, c/o Brian Lindebak Request City zone change from B Multi-Family Residential to LI Limited Industrial on property described as; Lots 13, 25, 27, 29, 31, 35, 37, 39, the East 100 feet of Lot 41 and the South 10 feet of the East 100 feet of Lot 43, all in Allen's Resurvey of Turner's Addition to the City of Wichita, Kansas, Sedgwick County, Kansas. Generally located West of Main Street and south of 12th Street North. BACKGROUND: The applicant is requesting consideration for LI Limited Industrial (“LI”) zoning for an existing, unimproved parking lot and property used for the outdoor storage of industrial materials located all on property zoned B Multi-family Residential (“B”). The sites are described as Lot 13 (outdoor storage), Lots 25-39 (odd), the east 100 feet of Lot 4, and the south 10 feet of the east 100 feet of Lot 43 (parking lot), all in Allen’s Resurvey of Turner’s Addition. The sites are located between Wellington Place (east), State Street (west), 11th (south) and 12th Streets (north). Currently both uses are nonconforming for the B zoning district. The requested LI zoning would match the LI zoning of the Apex (applicant) manufacturing facility, (built 1990) which is located almost entirely east of the subject parking lot, across Wellington Place. A small portion of the manufacturing facility is a warehouse (1981) and the outdoor storage located on Lots 9, 11 and the B zoned 13, all in the Allen’s Resurvey of the Turner’s Addition. This portion of Apex is located approximately 125 feet south of the subject parking lot. The sites/lots of the requested zoning are separated by another LI zoned warehouse/office (1975 and 1985), Winding Specialist Company Inc. Information from a previous cases, filed by the applicant, on the B zoned parking lot (CON2001-07, ancillary parking) state that the Apex complex of buildings house approximately 6,400 square feet of office, 15,850 square feet of warehouse and 43,652 square feet of manufacturing. The subject unimproved parking lot has two drives onto Wellington Place, which is a paved, 60- foot, two lane local street. The parking lot has uninterrupted access onto State Street, an unimproved, 30-foot local street, which more closely resembles an alley. There have been complaints of trailers and trailers of industrial scrap in the parking lot. The Unified Zoning Code (UZC) defines “parking” as “the temporary location for not more than 72 consecutive hours of motor vehicles (except for inoperable vehicles), boats trailers, and unoccupied recreational storage vehicles.”; Art II, Sec II-B, 10a. Parking of trailers and trailers of industrial scrap would be considered “outdoor storage” as defined by the UZC, Art II, Sec II-B, 12r; “the keeping, storing, placing, or locating outside of an enclosed structure for more than 72 consecutive hours any property, goods, products, equipment, trailers, portable storage containers, or other similar items not considered accessory uses, as listed in this code.” The lot being used for outdoor storage (part of the previously mentioned warehouse) has a drive onto Wellington Place. A chain link fence prevents access from this lot onto State Street. If the requested zoning is approved both sites would have to come into compliance with current development standards, which would include the paving of the parking lot and outside storage area, solid screening, landscaping and compatibility standards, including no dumpsters or reuse receptacles located closer than 20 feet from any property zoned TF-3 Two-family Residential (“TF- 3”) or more restrictive. The properties located west and north of the sites are zoned B and TF-3. These properties are developed as single-family residences, mostly built in the 1920s, but extending back to 1890 and as recently as 2004. There is also an apartment building that was built in 1977. The single-family residences, located west of the site, across State Street, have their backyards facing State and the subject sites. The single-family residences abutting the north side of the subject parking lot also have their backyards facing the subject sites. There is no screening or landscaping on the subject sites that would provide a buffer for the single-family residences. In fact none of the block’s three manufacturing businesses are in compliance with the current screening and landscaping standards. In regards to the applicant’s sites, screening and landscaping had been issues that were discussed and resolved in the Conditional Use requests for ancillary parking , CON2001-06 and CON2001- 07, with -07 being the current parking lot site. Both of these cases were approved by DAB VI and the MAPC, in February of 2001, but the conditions of the Conditional Uses never were completed and the cases were denied and closed. There have been complaints about the applicant blocking other businesses’ drives in the area, congestion on Wellington and the lack of screening around the areas used by Apex for outdoor storage. CASE HISTORY: The property is part of Allen’s Resurvey of the Turner Addition, which was entered on transfer record October 29, 1885. The alley running between Lots 50 & 56 (east side) and 24 – 48 (inclusive, west side), Allen’s Resurvey of the Turner Addition was vacated in 1912. IN 2001 the current applicant, Apex Engineering, requested consideration for Conditional Uses (CON2001-06 and CON2001-07, current parking lot) for ancillary parking on the B zoned site and on its B zoned property sandwiched between the applicant’s manufacturing complex and the abandoned Union Pacific railroad right-of-way, located east of the site, across Wellington Place. As already noted both of these cases were approved by DAB VI and the MAPC, in February of 2001, but the conditions of the Conditional Uses never were completed and the cases were denied and closed. ADJACENT ZONING AND LAND USE: NORTH: TF-3 Single-family residences SOUTH: LI Paved parking lot, office/warehouse and manufacturing EAST: LI Manufacturing/ warehouse/office complex WEST: TF-3, B Single-family residences, a small apartment PUBLIC SERVICES: Municipal water and sewer services are available to this site. Wellington Place is a local two lane paved street, as are 11th and 12th Streets, which Wellington intersects. State Street is an unimproved 30-foot half street ROW. These streets provide the access to the Apex facility and the other two manufacturing facilities within this block/area. The nearest streets that are not classified as local streets are 13th Street North, a minor arterial, and (east of the site) Main Street a one way, south urban collector. Current traffic at the 13th and Main intersection are between 14,248 – 15,222 north to south trips and 1,931 to 2,633 east to west trips.. CONFORMANCE TO PLANS/POLICIES: The “2030 Wichita Functional Land Use Guide” classifies this property as “Employment/Industry Center.” This category encompasses areas with uses that constitute centers or concentrations of employment of an industrial, manufacturing, service or non-institutional nature. The range of uses includes manufacturing and fabrication facilities, warehousing and shipping centers, call centers and corporate offices. The proposed LI zoning is not at odds with this classification, although the current uses on the B zoned subject sites are a parking lot and the isolated B zoned lot that has outside storage associated with an abutting warehouse. The proposed LI zoning is not being promoted for any future expansion of the Apex site, which, based on the applicant’s previous Conditional Use (CON2001-06 and CON2001-07) request for ancillary parking would trigger the need for additional parking. Industrial locational guidelines state that: (a) Industrial areas should be located in close proximity to support services and be provided good access to major arterials, city truck routes, belt highways, utility truck lines, rail spurs, airports and as extensions of existing industrial uses; (b) Industrial traffic should not feed directly into local streets in residential areas; (c) Industrial uses should be generally located away from existing or planned residential areas and sited so as not to generate industrial traffic through less intensive land use areas. The Apex site, which the B zoned subject lots/sites are a part of, has no direct access to any major arterials, city truck routes, belt highways, utility truck lines, rail spurs, or airports. Direct access to the Apex site and the subject lots/sites are off of local streets, with one of them, State Street, being an unimproved 30-foot half street ROW. The site does not currently (see following “Midtown” criteria) meet the locational criteria for an industrial development. The site is located in the “Midtown Neighborhood Plan,” which was adopted in 2004. Midtown contains the original town site of Wichita (platted 1865), the site of the first house in Wichita, the first school site, the first jail site and the first neighborhood. Subsequent development waves can be seen in the different housing types of the area and the remnants of industrial sites that developed along the now abandoned UP railroad ROW. The Plan recognizes that these few remaining industrial uses employ a significant portion of the neighborhood and are therefore encouraged to remain, while helping to contribute to improving the neighborhood for the residents that live in it. The Plan calls for these industrial uses to have buffers around them to provide a transition between them and the predominate residential uses around them. The Plan also notes in 1976 trucks of 1.5 tons or more were banned from circulating down certain streets in Midtown, including Main Street. The Plan shows a clear preference towards maintaining the residential character of the neighborhood. The Apex site is one of the remaining industrial sites between 9th Street and 12th Street, that abut the now abandoned UP rail ROW, which as an active railroad track was the catalyst for the area’s past industrial zoning and development. The location of these remnant industrial sites and the abutting residential neighborhoods are a juxtaposition of incompatible uses. The Apex property is identified as being in a Revitalization Area and a Local Investment Area. By definition this area has issues of building improvements, infrastructure improvements, economic development, and neighborhood development that need strategy and investment. The subject sites are also in historical environs, which call for review of any future development. RECOMMENDATION: Based on the subject sites’ conformance to plans and policies it would seem the applicant’s 2001 Conditional Use request for ancillary parking on the B zoned parking lot is a more suitable than the current proposed LI zoning. A Conditional Use for ancillary parking on the B zone parking lot would bring the parking lot into compliance and provide the Midtown Plan’s desired transitional buffer. Rezoning the isolated B zoned lot to LI fits into its abutting zoning, while bringing it into compliance. Staff recommends approval of; (1) Conditional Use for ancillary parking on Lots 25-39 (odd), the east 100 feet of Lot 4, and the south 10 feet of the east 100 feet of Lot 43 (parking lot), all in Allen’s Resurvey of Turner’s Addition. The parking lot will be paved with concrete or asphalt and will have solid screening and a landscape buffer where it is abutting or adjacent to residential zoning. Paving, solid screening and landscaping will be in place within 6 months of approval by the appropriate governing body. (2) Approve LI zoning for Lot 13, Allen’s Resurvey of Turner’s Addition. Solid screening will be provided along the west side of Lots 9, 11 and 13, Allen’s Resurvey of Turner’s Addition within 6 months of approval by the appropriate governing body. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The properties located west and north of the sites are zoned B and TF-3. These properties are developed as single-family residences, mostly built in the 1920s, but extending back to 1890 and as recently as 2004. There is also an apartment building that was built in 1977. Horace Mann Elementary school is located two blocks east of the subjects sites, separated from the applicant’s, Apex, manufacturing complex by the abandoned UP railroad ROW and Main Street. The Apex site (and the two other manufacturing businesses in the block) is one of the remaining industrial sites between 9th Street and 12th Street, that abut the now abandoned UP rail ROW, which as an active railroad track was the catalyst for the area’s industrial zoning and development. The location of these remnant industrial sites and the abutting residential neighborhoods are a juxtaposition of incompatible uses. 2. The suitability of the subject property for the uses to which it has been restricted: Because of the industrial type of development established on Wellington Place Drive between 11th and 12th streets, the development of Multi-Family/Residential on this site is unlikely, as long as the current manufacturing facilities remain active. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Any detrimental effects would be mitigated by the recommended conditions of approval and code required development standards. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The “2030 Wichita Functional Land Use Guide” classifies this property as “Employment/Industry Center.” This category encompasses areas with uses that constitute centers or concentrations of employment of an industrial, manufacturing, service or non- institutional nature. The range of uses includes manufacturing and fabrication facilities, warehousing and shipping centers, call centers and corporate offices. The proposed LI zoning is not at odds with this classification, although the current uses on the B zoned subject sites are a parking lot and the isolated B zoned lot that has outside storage associated with an abutting warehouse. The proposed LI zoning is not being promoted for any future expansion of the Apex site, which, based on the applicant’s previous Conditional Use (CON2001-06 and CON2001-07) request for ancillary parking would trigger the need for additional parking. Industrial locational guidelines state that: (a) Industrial areas should be located in close proximity to support services and be provided good access to major arterials, city truck routes, belt highways, utility truck lines, rail spurs, airports and as extensions of existing industrial uses; (b) Industrial traffic should not feed directly into local streets in residential areas; (c) Industrial uses should be generally located away from existing or planned residential areas and sited so as not to generate industrial traffic through less intensive land use areas. The Apex site, which the B zoned subject lots/sites are a part of, has no direct access to any major arterials, city truck routes, belt highways, utility truck lines, rail spurs, or airports. Direct access to the Apex site and the subject lots/sites are off of local streets, with one of them, State Street, being an unimproved 30-foot half street ROW. The site does not currently (see following “Midtown” criteria) meet the locational criteria for an industrial development. The site is located in the “Midtown Neighborhood Plan,” which was adopted in 2004. Midtown contains the original town site of Wichita (platted 1865), the site of the first house in Wichita, the first school site, the first jail site and the first neighborhood. Subsequent development waves can be seen in the different housing types of the area and the remnants of industrial sites that developed along the now abandoned UP railroad ROW. The Plan recognizes that these few remaining industrial uses employ a significant portion of the neighborhood and are therefore encouraged to remain, while helping to contribute to improving the neighborhood for the residents that live in it. The Plan calls for these industrial uses to have buffers around them to provide a transition between them and the predominate residential uses around them. The Plan also notes in 1976 trucks of 1.5 tons or more were banned from circulating down certain streets in Midtown, including Main Street. The Plan shows a clear preference towards maintaining the residential character of the neighborhood. The Apex site is one of the remaining industrial sites between 9th Street and 12th Street, that abut the now abandoned UP rail ROW, which as an active railroad track was the catalyst for the area’s industrial zoning and development. The location of these remnant industrial sites and the abutting residential neighborhoods are a juxtaposition of incompatible uses. 4. Impact of the proposed development on community facilities: The parking lot has been in operation since before 2001, as dated form the applicant’s previous Conditional Use request (CON2001-07) for ancillary parking on the B zoning parking lot. It is reasonable to presume that the isolated B zoned lot being used for outdoor storage associated with the abutting warehouse has been in use since 2001. The recommended Conditional Use for ancillary parking on the B zoned parking lot and the recommended LI zoning on the B zoned lot being used for outdoor storage would bring them into current compliance with the development standards of the UZC. Their current uses would not change or intensify due to the recommended Conditional Use or zone change. However if the MAPC finds the requested LI zoning appropriate, staff recommends the following Protective Overlay: (1) Parking only allowed on Lots 25-39 (odd), the east 100 feet of Lot 4, and the south 10 feet of the east 100 feet of Lot 43 (parking lot), all in Allen’s Resurvey of Turner’s Addition. The parking lot will be paved with concrete or asphalt and will have solid screening and a landscape buffer where it is abutting or adjacent to residential zoning. Paving, solid screening and landscaping will be in place within 6 months of approval by the appropriate governing body. (2) Approve LI zoning for Lot 13, Allen’s Resurvey of Turner’s Addition. Solid screening will be provided along the west side of Lots 9, 11 and 13, Allen’s Resurvey of Turner’s Addition within 6 months of approval by the appropriate governing body. BILL LONGNECKER, Planning Staff presented the Staff Report. He said DAB VI expressed concerns regarding more industrial types of traffic that this may cause in the area. JOHNSON asked for clarification of exactly what property Apex owned. GENE RATH, MKEC ENGINEERING, AGENT FOR THE APPLICANT said JEFF LANDRETH, PRESIDENT OF APEX ENGINEERING was also present to answer questions. He referred to a larger aerial view of the area and reviewed the Apex facility. He commented that staff was supportive of the LI zoning request with a Protective Overlay limiting use to parking, warehouse and office space, but no manufacturing. He said Apex is happy with that recommendation and they are in agreement with staff’s recommendation. He referred to a conceptual parking plan of the property which included paving and screening of the site. He said they would also meet the landscaping code by providing trees and landscaping and additional trees along Wellington Place. He said they would also screen and completely block access to State Street. He said the only ingress and egress from the parking lot would be from Wellington Place. He mentioned concerns brought up at DAB VI regarding truck traffic in the area and Winding Specialist’s concerns about delivery trucks blocking their entrance. He said MR. LANDRETH has invited Winding Specialist’s personnel to meet with him to try to work out their concerns. He said Apex plans to make the south building the primary shipping and receiving area and limit truck traffic that stops in the street. He concluded by saying that they are in agreement with staff recommendation for LI with a PO limiting use to parking, warehouse and office use only. HILLMAN asked about Apex’s hours of operation; lighting; and if they have had complaints regarding lighting from the neighbors. JEFF LANDRETH, APEX ENGINEERING, responded that normal operation is one shift from 7:00 A.M. -3:30 P.M. with office personnel that stay until 5:00 P.M. He said as business goes up and down in the aircraft industry, sometimes they put on a second shift limited to ten to twenty employees. He mentioned that has happened twice in the last four years. JEFF LANDRETH explained that they already have lighting and cameras on the building for employee protection. He said they monitor all of Wellington Place. He said the lights were normal street lights and the lights in the front of the building were twenty-five to thirty feet high. He said neighbors have not complained about the lights. FOSTER asked why the applicant felt LI zoning was preferable to a conditional use. JEFF LANDRETH said rezoning was an arduous task. He commented that they bought the company in 2003 out of foreclosure. He said at that time the building was in horrible shape and looked like crap. He said they have put a lot of time and money into making the facility look nice including replacement of approximately $50,000 worth of sheet metal in the front of building and repainting the entire structure so it is not an eyesore in the community. He said they are only the third business in Wichita to be a part of KDHE’s Sharps Program, which means they are as highly certified as you can get as far as safety is concerned. He said they feel strongly about protecting their employees. He said they are making a significant investment, long-term. He said they are getting ready to spend approximately $90,000 on concrete parking and landscaping. He said chances they may put office space at the location in the future are slim, but they would like to preserve that right at this time. He said if they convert the parking area to office space, it would eliminate the traffic problem on the street so it should not be a concern. MOTION: To approve subject to staff recommendation, as revised. HILLMAN moved, ANDERSON seconded the motion, and it carried (13-0). FOSTER asked if the motion included no access to State Street mentioned by the applicant. HILLMAN said that is correct. LONGNECKER said that would also include that uses are limited to office, parking and warehouse. --------------------------------------------------- 7. Case No.: ZON2008-41 – Key South LLC, Attn: Jim Ashcraft (owner/applicant); Baughman Company, P.A., Attn: Phil Meyer (Agent) Request Zone change from GO General Office to LC Limited Commercial with a Protective Overlay on property described as; Lot 1, Block A, Kansas State Bank Addition, Sedgwick County, Kansas. Generally located on the east side of Maize Road, north of Kellogg/US 54. BACKGROUND: The applicant requests a zone change from GO General Office (“GO”) to LC Limited Commercial (“LC”) for a bank or financial institution on 1.3 acres. The site is located east of Maize Road and north of Kellogg. The platted site was originally developed with two single- family residential units. Currently the site is developed with a financial institution. The applicant has also proposed a Protective Overlay that states: “The subject property shall be limited to the following uses: Banks and Financial Institution, as permitted by the LC Limited Commercial (“LC”) District, and all uses permitted by right in the GO General Office (“GO”) District.” The only significant difference between what is there now and what this case is proposing will be the increased signage that LC zoning allows in respect to signage allowed in the GO zone. The site has SF-5 Single-family Residential (“SF-5”) zoned single-family residences to the north and west across Maize. East of the site is vacant SF-5 zoned property containing the Cowskin Creek Floodway. South of the site is vacant LC zoned property. Further south, at the Maize/Kellogg intersection, is an LC zoned convenience store and car wash. CASE HISTORY: The subject property was originally platted as Lots 9, 10, and the north 60 feet of lot 11 of the Vera Vista Addition in 1955. The property was then replatted as Lot 1, Block A of the Kansas State Bank Addition in 2007. The site was rezoned in 2007 from SF-5 to GO (ZON2007-00007) with a Conditional Use for a bank and financial institution (CON2007-00009). ADJACENT ZONING AND LAND USE: NORTH: SF-5 Single-family Residence SOUTH: LC Vacant Commercial Land EAST: SF-5 Agricultural Land WEST: SF-5 Single-family Residence PUBLIC SERVICES: The site has frontage along Maize Road. Maple is a principal arterial, improved with four lanes, at this location. Current average daily trips (ADT) on Maize Road at the intersection with Maple, to the north of the subject site, are 30,441 ADT. The current ADT for US highway 54 (Kellogg), just south of the subject site is 74,700 ADT. Water and sewer are available. CONFORMANCE TO PLANS/POLICIES: The 2030 Wichita Functional Land Use Guide of the Comprehensive Plan identifies the site as appropriate for “Urban Residential” use. It is located immediately north of an area designated for “Regional Commercial” use. The Office Locational Guidelines of the Comprehensive Plan recommend that office sites be located adjacent to arterial streets. The guidelines also indicate that low-density offices can serve as a transitional land use between residential uses and higher intensity uses. The Commercial Locational Guidelines of the Comprehensive Plan recommends that commercial sites should be located adjacent to arterials and should have site design features, which limit noise, lighting, signage and other activity from adversely impacting surrounding residential areas. The Unified Zoning Code (UZC) would require screening between single-family residential development and proposed development on this site, and would require setbacks from all property lines. The Landscape Ordinance would require a landscape plan for the proposed development. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to a Protective Overlay that states: “The subject property shall be limited to the following uses: Banks and Financial Institution, as permitted by the LC Limited Commercial (“LC”) District, and all uses permitted by right in the GO General Office (“GO”) District” This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The surrounding area is characterized by commercial zoning and uses south of the site, near the Maize/Kellogg intersection, and residential zoning and uses north and west of the site. Property east of the site is zoned SF- 5, and is currently undeveloped floodplain. 2. The suitability of the subject property for the uses to which it has been restricted: The subject property is zoned GO and could continue to be used for office and residential type uses. The site may not be desirable for residences due to arterial street frontage near an expressway. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed Protective Overlay permitting bank and financial institutions will be the same as what is currently on the site. The standards of the Unified Zoning Code and the Landscape Ordinance should limit noise, lighting, and other activity from adversely impacting the nearby single-family residential areas. If the site is developed in conformance with current drainage and traffic access policies, the proposed development should have little to no Effect on nearby property. However, with the zoning proposed to be increased to LC zoning, the greatest impact for this particular case will be the additional signage that is allowed under the LC zoning. 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 of the request will allow bank and financial institutions by right and all uses allowed in the GO zone district. Denial of the request would have little impact on the applicant since they are allowed by right what is currently on the site. The approval of LC zoning with the proposed Protective Overlay will impact the nearby residential properties due to the increased signage that is allowed in the LC zone district. 5. Conformance of the requested change to adopted or recognized Plans/Policies: The 2030 Wichita Functional Land Use Guide of the Comprehensive Plan identifies the site as appropriate for “Urban Residential” use, immediately north of an area designated for “Regional Commercial” use. The Office Locational Guidelines of the Comprehensive Plan recommend that office sites be located adjacent to arterial streets. The guidelines also indicate that low-density offices can serve as a transitional land use between residential uses and higher intensity uses. The Commercial Locational Guidelines of the Comprehensive Plan recommends that commercial sites should be located adjacent to arterials and should have site design features, which limit noise, lighting, and other activity from adversely impacting surrounding residential areas. The Unified Zoning Code (UZC) would require screening between single-family residential development and proposed development on this site, and would require setbacks from all property lines. The Landscape Ordinance would require a landscape plan for the proposed development. 6. Impact of the proposed development on community facilities: Provided that drainage and traffic access policies are met, community facilities should not be impacted by the proposed development. FOSTER commented that since there was residential zoning west of the site would it be appropriate to add a provision that the signage not face residential zoning. SLOCUM stated that was addressed in the Protective Overlay. PHIL MEYER, BAUGHMAN CO., AGENT FOR THE APPLICANT said the sign was along Maize Road and would read to traffic traveling north and south. MITCHELL asked if they were agreeable to adding the provision to the PO? MEYER responded yes. DERRICK SLOCUM, Planning Staff presented the Staff Report. MOTION: To approve subject to staff recommendation and the addition of a provision to the Protective Overlay to include that signage not face to the west toward residential zoning. MCKAY moved, HILLMAN seconded the motion, and it carried (13-0). --------------------------------------------------- 8. Case No.: CUP2008-28 – Eastminster Presbyterian Church (owner); TriMark Signworks c/o Michael Bankston (agent) Request DP 154 Amendment #4 to allow an electronic message board and increase the size of the freestanding sign up to approximately 138 square feet on Parcel 4, on property zoned SF-5 Single-Family Residential on property described as; Lot 1, Block 2, Eastminster, an Addition to Wichita, Sedgwick County, Kansas. Generally located on the southeast corner of Webb Road and 19th Street North. BACKGROUND: The applicant proposes to amend DP-154 to permit a monument sign with an electronic message center on Parcel 4, zoned SF-5 Single-Family Residential (“SF-5”) and developed with Eastminster Presbyterian Church. The property is located on the southeast corner of Webb Road and 19th Street North. The proposed sign is 16 feet 6 inches tall and 138 square feet in size (see the attached sign elevation) and would replace the existing monument sign for the church. The CUP currently permits signs consistent with the Sign Code, except that flashing signs are prohibited. Within the SF-5 zone district, institutional uses may request an administrative adjustment for electronic message board signs. However, the maximum size is limited to 100 square feet and the rate of change of the message cannot be more rapid than once per second, including the ability to scroll so long as the scrolled message does not change quicker than once per second. The CUP amendment is being sought to exceed the 100 square foot limitation. DP-154 is a 47-acre CUP with a total of seven parcels. Parcel 5 is located north of 19th Street North and is zoned TF-3 Two-Family Residential (“TF-3”) and is an undeveloped parcel owned by Eastminster Presbyterian Church. Parcel 6, adjoining Parcel 5, is being developed with an assisted living complex on property zoned GO General Office (“GO”). Other uses in the CUP include a bank on Parcel 7, zoned LC Limited Commercial (“LC”), and an apartment complex (Quarters at Cambridge) on Parcels 1-3, zoned B Multi-Family Residential (“B”). Also, an office development zoned GO is located east of Webb Road between Parcel 5 and Parcel 6, but it is not included within the CUP. A large medical office complex (DP-260) is located on property zoned GO directly west of the church. Clubhouse Villa Condominiums on property zoned SF-5 (DP-201) are located to the northwest, and large single-family residences on property zoned SF-5 (The Foliage) are located to the southwest. A commercial strip center is located on property zoned LI Limited Industrial (“LI”) to the south of the church site. To the east, the church owns a large vacant tract of unplatted land zoned SF-5. CASE HISTORY: The property is platted as a Eastminster Addition, recorded March 25, 1986. The CUP was originally approved in 1986. Amendment #1 was filed in 1994 and withdrawn. Amendment #2 was approved in 1995 and allowed multi-family development on Parcels 1-3. Amendment #3 was approved in 2000 and accompanied the zone change of Parcel 6 to GO and Parcel 7 to LC. ADJACENT ZONING AND LAND USE: NORTH: TF-3, GO, NO, B Office, bank, commercial, apartment complex, assisted living, vacant SOUTH: LI Commercial development EAST: SF-5 Vacant WEST: SF-5 Single-family residential, condominiums, medical office PUBLIC SERVICES: This portion of Webb Road is a four-lane paved arterial with a center left- turn lane and with a 60-foot half-width right-of-way, meeting the Access Management standards. Other 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 ”major institutional.” RECOMMENDATION: The Wichita Sign Code allows bulletin board signs up to 100 square feet for institutional uses such as churches if the institution has more than 200 square feet of frontage along an arterial street. Any larger sign requires a variance. Community Unit Plan overlay requirements can and have been used to tailor signage to the specific sign needs of planned commercial developments within CUPs, including adjusting size, number and spacing of signs. However, few CUP amendments for noncommercial signage have been processed. The exception would be the pending amendment request to DP-166, located one-half mile south of this case, which is seeking an animated sign. Fully animated signs are prohibited in residential zoning districts, although electronic signs with copy changes (including scrolling changes) no more frequent than once per second are allowed by administrative approval. The animated sign requested for DP-166 is well within the size limitations for bulletin board signs (48 square feet). In contrast, this applicant is requesting to exceed the 100-square foot limitation. Granting this request would set a precedent for other institutional uses such as schools and churches to request similar treatment. Perhaps a better venue to evaluate the request is through the variance process, where the applicant could demonstrate how this site differs from similarly situated properties and that the deviation is not a self-imposed hardship (some of the considerations for variance approval). It should be noted that the commercial development on DP-154 limits signs for the GO zoned Parcel 6 to no larger than 96 square feet (with a second sign up to 128 square feet but located 112 feet east of the property line) and for the LC zoned Parcel 7 to 0.8 times linear frontage, which is 102 square feet. Also, the monument signs on the GO zoned parcels in DP-260 are limited to 44 square feet. Based on these factors, plus the information available prior to the public hearing, staff recommends the request be APPROVED subject to the following conditions: 1. General Provision 8e shall be added to DP-154 and state: One electronic message board monument style sign shall be permitted on Parcel 4 adjacent to Webb Road. The sign shall have a maximum height of 16 feet six inches and a maximum sign area of 100 square feet. The sign shall be a minimum of 150 feet from the south property line. 2. The applicant shall submit four revised copies of the CUP to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The application area is a large church facility located within DP-154, is a 47-acre CUP with a total of seven parcels. Parcel 5 is located north of 19th Street North and is zoned TF-3 Two-Family Residential (“TF-3”) and is an undeveloped parcel owned by Eastminster Presbyterian Church. Parcel 6, adjoining Parcel 5, is being developed with an assisted living complex on property zoned GO General Office (“GO”). Other uses in the CUP include a bank on Parcel 7, zoned LC Limited Commercial (“LC”) and an apartment complex on Parcels 1-3, zoned B Multi-Family Residential (“B”). Also, an office development zoned GO is located east of Webb Road between Parcel 5 and Parcel 6, but it is not included within the CUP. West of Webb Road, a large medical office complex (DP-260) is located on property zoned GO directly west of the church. Condominiums on property zoned SF-5 (DP-201) are located to the northwest, and large single-family residences on property zoned SF-5 are located to the southwest. A commercial strip center is located on property zoned LI Limited Industrial (“LI”) to the south of the church site. To the east, the church owns a large vacant tract of unplatted land zoned SF-5. 2. The suitability of the subject property for the uses to which it has been restricted: The area is suitable for the uses permitted under SF-5 zoning and DP-154. The property could be used without the requested CUP amendment. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed electronic message board sign could be visible from residences, but the nearest residences are approximately 700 feet away. Recent Wichita Sign Code updates regulate the brightness of electronic message board signs, which should mitigate any visual affect on residential neighbors. There is some concern that these signs could be distracting to drivers and therefore a traffic safety hazard. 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 ”major institutional.” The Wichita Sign Code regulations limit the size of bulletin board signs for institutional uses to 100 square feet, and this request is for a larger, 138 square foot sign. Approval of this increase by CUP amendment could set a precedent for other similarly situated churches or institutional uses located within CUPs and allow them a greater ability to obtain signage than other institutional uses similarly situated except for not being located within CUPs. Impact of the proposed development on community facilities: The requested electronic message board sign should have no negative effect on community facilities such as roads, water, DONNA GOLTRY, Planning Staff presented the Staff Report. She commented that on August 4 DAB II agreed with staff’s recommendation of for a maximum of 100 square feet. Responding to a question from HILLMAN concerning whether the interactive portion of the sign was sixty feet, GOLTRY said she would let the applicant answer any questions regarding the electronic message board, which means it is not defined as a moving sign. MCKAY clarified that the church owned the property to the east and asked if that be used for how square footage is calculated. GOLTRY said the amount of square footage of signage is just an upper limit of 100 square feet for an institutional use along a major arterial; it doesn’t have anything to do with the size of the property. In addition, she added that part of the Eastminster property to the east was not part of the CUP. SANDY PARR, 6816 EAST 27th STREET said as a community member and Deacon of the church she wanted to explain why the church was requesting that the MAPC grant an amendment for the signage. She said the signage is used to advertise community events and communicate various activities (Boy Scouts, preschool, and community service projects) and to make the public aware. She said the sign is not used for promotion. She said it is a means to communicate to the congregation along Webb Road. She said the significant part of the signage is not the display portion; it is the Eastminster logo and brick that surrounds the message, not electronic signage itself. She said the sign is amber and can be dimmed at night so effects are very limited. She said this was a communication factor for church attendees and the surrounding community. She said compared to the face of the property, the sign is limited. She requested that the MAPC consider the proposed amendment. STEVEN MARSH, SENIOR PASTOR AT EASTMINSTER PRESBYTERIAN CHURCH, 424 N. LONGFORD COURT said Eastminster has been a member of the east community for over fifty years and they take their relationship with the neighbors and local commercial businesses very seriously. He said the planning involved in this sign has designed a sign that is the appropriate square footage for the size of the property, which includes 1,046 feet of frontage on Webb Road. He said they believe the sign has been done tastefully and appropriately in relationship to the property as well as the other buildings on site. He said they took serious consideration to the size of the electronic message board in relationship to the sign. He said they want to be a part of the community that is not offensive but helpful and encouraging. HILLMAN asked what part of the138 feet was considered sign. He said if the brick base is not included, they are well within the 100 square foot. GOLTRY briefly explained how the sign was measured and added that when the applicant applied for a sign permit, the Office of Central Inspection referred the applicant to the Planning office for a CUP amendment. MICHAEL BANKSTON, TRIMARK SIGNWORKS, 319 SOUTH OAK stated that they have worked with the Church to create a sign that was respectful of the community itself. He said the top portion of the sign is 6’ 4”, the bottom is 5’ in height, the bottom portion is 60’ square feet, and the top portion is 7’ square feet. He commented that Central Community Church has a larger message board, which was 74’ square feet. He said the Code does not require them to count the brick base, but he said there was a precedent set by Central Community Church’s sign that if you measure all the embellishments they are in the neighborhood of about 170 square feet. He said the area Central Community Church is located in is also zoned SF-5. He said if they went too small with the message center, they would totally defeat the communication purpose. He said this is a five line message center that will accommodate a proposed 9” high letter. He said that can be read from 450 feet away for about 6-7 seconds at approximately 40 M.P.H, which was the posted speed limit along Webb Road. He said most churches they work with use multiple lines of copy to outline services and community events. HILLMAN commented that Eastminster was in letters 3’ high. He said the top and bottom of the sign could be adjusted to be within the guidelines, so he didn’t see any reason for the requested exception. MOTION: To approve the applicant’s requested sign design. MARNELL moved, ANDERSON seconded the motion, and it carried (10-3). HILLMAN, MILLER STEVENS, MCKAY - No MILLER SEVENS stated she would be voting in opposition to the motion. She said the on-going disregard for sign regulations is becoming excessive, in her opinion. She said the 100 feet is a sufficient size for a sign so she will be voting in opposition to the motion. HILLMAN commented that he would also be voting in opposition to the motion. --------------------------------------------------- 9. Case No.: CON2008-31 – Prairie Polo, Inc., c/o Jack L. Shelton (owner), Great Plains Equestrain Training (applicant), Mike Dirck (agent) Request Amend County Conditional Use CU-486 to expand outdoor recreation, adding stables and playing field arena on property described as; The West Half of the Northeast Quarter of the Southwest Quarter of Section 16, Township 29 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, except the North 330 feet thereof. AND The East Half of the Northeast Quarter of the Southwest Quarter of Section 16, Township 29 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, except the North 330 feet thereof. AND The South Half of the Southwest Quarter of Section 16, Township 29 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas; except that portion taken for Protection Drainage District of Sedgwick County, Kansas, in District Court Case No. 73915; and except that portion taken by the Kansas Turnpike Authority, in District Court Case No. A-54472; and except a tract beginning 20 feet North and 30 feet East of the Southwest corner of the Southwest Quarter of Section 16, Township 29 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas; thence East parallel with the Section line, 420 feet; thence North 50 feet; thence in a Northwesterly direction to a point 290 feet due North of the point of beginning; thence South 290 feet to the place of beginning. AND The Northwest Quarter of the Southwest Quarter of Section 16, Township 29 South, Range 1 East of the 6th P.M., Sedgwick County, Kansas, except the North 330 feet thereof. Generally located at the northeast corner of 95th Street South and Broadway Avenue. BACKGROUND: The applicant is proposing to amend CU-486, which allowed “Outdoor Recreation and Entertainment,” for polo fields, with conditions for an approximately 23-acre RR Rural Residential (“RR”) zoned site. The applicant’s proposed amendment to CU-486 includes increasing the size of the site to approximately 124.80-acres and amending conditions: (A) Revising the site plan to allow three 40-foot (x) 60-foot storage and maintenance buildings, 16 paddocks for horses, three barns/stables for horses and an additional polo field; (B) and (C) Removing limiting access onto Broadway Avenue for emergencies or when no scheduled matches are occurring by allowing it to have full time access; (E) Allow pole lights for matches that may extend into the evening, for packing up and cleaning up after matches, with the lights to be no taller than 35-foot tall (including the base) to be on no later than 10 PM and to allow portable concessions for nonprofit groups or special events; and (F) Allow portable bleachers. The applicant is also proposing to add the following: (1) Allow the teaching of polo on the site and the boarding of polo horses for teaching, either renting the applicants’ polo horses or boarding the student’s horse (“Riding Academy or Stable”); (2) Allow a maximum number of 21 units (combination of RVs, tents, or living/sleeping quarters in horse trailers) for overnight camping on the site during polo matches (“Recreational Vehicle Campground”). This is intended for stockman that would be staying overnight with any polo horses staying on the site after matches; (3) Add a condition to permit portable toilets; (4) Allow two (2) 4-foot (x) 8-foot signs, to be located at the 95th Street entrance and the other at the proposed Broadway entrance; (4) Be allowed to have a ‘modest’ speaker system to call matches. The rest of the original resolution will remain, which includes the full time entrance onto 95th Street South, a required drainage plan, no night time play, and no more than 150 people in attendance at any event on the site except one time per season with conditions. The applicant has stated that generally the game of polo can be played year round except for the months of December, January and February and when it is raining or muddy. Per the Unified Zoning Code (UZC) “Outdoor Recreation and Entertainment,” “Riding Academy or Stable” and “Recreational Vehicle Campground” may be considered as Conditional Uses in the RR zoning district, on a site by site consideration. The area is located within the City of Haysville’s zoning influence and as such will be considered by their Planning Commission prior to the MAPC’s public hearing meeting. The applicant has provided an area overview of their property that shows the location of all the original CU-486’s features including: two polo fields, a 35-foot (x) 65-foot pavilion, a 16-foot (x) 20-foot garage, a 32.5-foot (x) 65-foot barn, a silo, entrances, pasture, a pond, and a group of trees. The applicant has an updated site plan which shows the location of those original features, plus the above listed additional features spread out over the proposed site’s 124.80-acres. The southwest corner of the proposed site has the most of the new features and seems to be the focal point of activities on the site. The original Conditional Use had no parking requirements, nor did it show parking areas. The proposed amended Conditional Use does not show parking. The area around the site is developed with large tract and single-family residential subdivisions, zoned RR, SF-20 Single-family Residential (“SF-20”). There are some LC Limited Commercial (“LC”) zoned residential properties around the 95th Street South and Broadway Avenue intersection. There are agricultural fields surrounding the area’s residences and part of the site. The Kansas Turnpike abuts the east side of the site and 95th Street South and Broadway/US 81abut its south and east sides. There is no exit off of the Turnpike onto 95th. The nearest exits to the site off of the Turnpike are the Mulvane exit, located approximately 3 miles south of the site at 119th Street South, and the Derby and Haysville exit, located approximately 3 miles north of the site, at the 71st Street South. The Mulvane exit would be the exit used for land currently under consideration for the location of the Sumner County casino and resort. These three roads separate the site from residential development (the Hancock 4th, 7-13-1979 and Oella, 1-18-1956, Additions) located west, east and south of the site. There are two large tract single-family residences/farmsteads abutting the north side of the site, with the Polo residential subdivision (4-13- 1995) located north of them. CASE HISTORY: The property is unplatted. CU-486 was approved by the Haysville Planning Commission, with conditions, July 9, 1998. CU-486 was approved (9-0) by the MAPC, with conditions, July 16, 1998. The Haysville Planning Commission considered the request at their July 24 meeting. The Commission requested more information from the applicant and asked if they would return to their August 14 meeting, which the applicant agreed to do. ADJACENT ZONING AND LAND USE: NORTH: RR, SF-20 large tract & platted single-family residences SOUTH: RR, LC, SF-20 large tract & platted single-family residences EAST: RR Kansas Turnpike, single-family residences, manufactured homes WEST: LC, SF-20, RR large tract & platted single-family residences, construction services, agricultural fields PUBLIC SERVICES: There is no public water or sewer available and the site is outside of all Rural Water Districts. Access onto Broadway/US 81 must be approved by K-DOT and the County Engineer. A portion of the site is located in an area that is the FEMA flood zone, which means developement within it must be addressed with an approved drainage plan and must meet all standards for construction of buildings/structures on the site, per the County Engineer and Code Enforcement. CONFORMANCE TO PLANS/POLICIES: The “2030 Wichita Functional Land Use Guide” of the Wichita-Sedgwick County Comprehensive Plan identifies this area as “rural” and outside of the Haysville growth area. The rural classification is outside of any city’s growth area and is intended to accommodate agricultural uses, rural based uses that are no more offensive than those agricultural uses commonly found in Sedgwick County and predominately large lot residential development. The UZC provides for Outdoor Recreation and Entertainment as a Conditional Use limited to tennis courts, miniature golf, and similar uses that the Planning Commission has determined will not produce undue noise or attract large numbers of spectators. The UZC goes on to apply standards for the Outdoor Recreation Conditional Use to include lighting, noise, driveway surfacing, the option to establish operating hours, maintenance requirements, and a standard stating that street access shall be contiguous to an arterial or expressway. A 23-acre portion of the site had been approved for Conditional Use for Outdoor Recreation; CU-486 which allowed polo fields with conditions, including no more than 150 people allowed on the site at any one time. The applicant now wishes to amend CU-486, to expand the size of the site to 124.8-acres, allow additional structures (for polo horses and equipment), an additional playing field, allow pole lights, speakers to call matches, portable concessions, portable bleachers, portable toilets, signage and another full time point of access onto an arterial; all as described on page two, paragraphs one and two. The proposed amendment still allows no more than 150 people on the site at any one time, but the site now is over 100-acres larger, which does allow the possibility of putting the new playing field deeper inside the site: a critical consideration in regards to the requested speaker system used to call matches and the proposed 35-foot tall lights. The applicant is also asking for a Riding Academy or Stable and Recreational Vehicle Campground, as described page two, paragraph two. Both a Riding Academy or Stable and Recreational Vehicle Campground may be considered as Conditional Uses in the RR zoning district on a site by site consideration; see attached definitions. Polo appears to be a sport/game with a small number of participants and fans, as compared to other sports involving horses/livestock, such as rodeos or horse racing. With this observation it may be reasonable to speculate that the number of people wanting to learn the game would be small and that the polo horses needed to teach boarded on the site would be correspondingly small. The net result meaning that the impact on the neighborhood could be minimal, in regards to introducing a Riding Academy or Stable. The RR zoning district allows stock, including horses, year round, without a restriction in their numbers, if they are properly managed. Limiting the Recreational Vehicle Campground participants to stockmen and/or owners staying with polo horses left on the site only after polo matches and having no more than 21 units (any combination of RVs, tents and trailers with living accommodations) allowed on the site, could minimize the impact on the neighborhood. Location of the camp site is another consideration that could minimize this impact. The rest of the original resolution will remain, which includes the full time entrance onto 95th Street South, a required drainage plan, no night time matches, and no more than 150 people in attendance at any event on the site except one time per season (with conditions). Full time access onto Broadway will have to be approved by K-DOT and the County Engineer. A new drainage plan will have to be submitted to the County Engineer for review and approval. All permits and inspections for structures and portable toilets will have to be approved by the County Code Enforcement. Access onto and through the site will have to approved by County Fire. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the proposed amendment to CU-486 be APPROVED, subject to the original conditions and the following amended and additional conditions: 1. The size of the site will be 124.80-acres. Submit a revised site plan, which shows the new Conditional Use area, all approved additions, setbacks, and dimension control. 2. Amend condition (A), by revising the site plan to allow three 40-foot (x) 60-foot storage and maintenance buildings, 16 paddocks for horses, three barns/stables for horses and an additional polo field. The maintenance and storage buildings will not be used for community assembly, parties, group activities or as residences. All structures must obtain all permits and inspections, including issues associated with location within FEMA flood areas. There must be 100 yards of separation between the property lines of adjacent or abutting properties and proposed additional playing field and the proposed paddocks and stalls. 3. Provide a new drainage plan to be reviewed and approved by the County Engineer. 4. If approved by K-DOT and the County Engineer allow one full time drive/access onto Broadway/US 81, which would amend conditions (B) and (C) of CU-486. 5. Amend condition (E) of CU-486 to allow pole lights for matches that may extend into the evening, for packing up and cleaning up after matches, with the lights to be no taller than 35-foot tall (including the base) to be on no later than 9 PM and to allow portable concessions for nonprofit groups or special events 6. Amend condition (F) to allow portable bleachers. 7. Allow portable toilets, as approved and inspected on a schedule approved by County Code Enforcement. Provide ADA compliant portable toilets, as approved by the County Code Enforcement. 8. Allow a 4-foot (x) 8-foot sign, located at the 95th Street entrance. If the proposed Broadway entrance is approved, allow a 4-foot (x) 8-foot sign its entrance. All to be reviewed and approved by County Code Enforcement. 9. The compatibility noise standards of Sec. IV-C.6 shall be complied with. Outdoor speakers and sound amplification systems shall not be permitted except as approved by County Code Enforcement. 10. All drives and access through the site will be surfaced as directed by County Fire. 11. Allow the teaching of polo on the site and the boarding of polo horses for teaching, either renting the applicants’ polo horses or boarding the students’ horses. 12. Allow overnight camping on the site, but limit it to stockmen and/or owners staying with polo horses left on the site after polo matches and having no more than 21 units (any combination of RVs, tents and trailers with living accommodations) allowed on the site, at any one time. The camping area will be located in the area shown on the site plan that has a grouping of trees. No open fires allowed, but fires in containers approved by County Fire are permitted. No parties in the camping area. 13. Horses used for the polo matches or for teaching polo shall be maintained per County Code in regards to handling, penning, veterinarian care, feed, and water, waste collection, storage and disposal. Waste shall be collected often enough to minimize odor and fly infestation. Waste may be spread in areas approved by County Code Enforcement. Grain shall be stored in enclosed containers to minimize fly and rodent infestation. 14. If operations have not begun within one year of approval, or if the Zoning Administrator finds that there is a violation of any of the conditions of this Conditional Use, the Zoning Administrator 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 surrounding area: The area around the site is developed with large tract and single-family residential subdivisions, zoned RR and SF-20. There are some LC Limited Commercial LC zoned residential properties around the 95th Street South and Broadway Avenue intersection. There are agricultural fields surrounding the area’s residences and part of the site. The Kansas Turnpike abuts the east side of the site and 95th Street South and Broadway/US 81abut its south and east sides. There is no exit off of the Turnpike onto 95th. The nearest exits to the site off of the Turnpike are the Mulvane exit, located approximately 3 miles south of the site at 119th Street South, and the Derby and Haysville exit, located approximately 3 miles north of the site, at the 71st Street South. The Mulvane exit would be the exit used for land currently under consideration for the location of the Sumner County casino and resort. These three roads separate the site from residential development (the Hancock 4th, 7-13-1979 and Oella, 1-18-1956, Additions) located west, east and south of the site. There are two large tract single-family residences/farmsteads abutting the north side of the site, with the Polo residential subdivision (4-13-1995) located north of them. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned RR, which primarily permits agriculture uses and large lot residential uses. The site could be used for a single-family residence or agriculture without the Conditional Use. The proposed amendment expands the size of the original Conditional Use (CU-486), and increases the activity on the site. The proposed buildings and structures are what would be found on a farm are to be used of the maintenance of the property and the care of the horses used in the polo matches. The abutting arterials, Broadway Avenue/US 81 and 95th Street South, the expressway, the Kansas Turnpike, offer some buffer to adjacent residential properties. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The site is going to expand by approximately 100-acres and the proposed amendment does increase the activity on the site. Both a Riding Academy or Stable and Recreational Vehicle Campground may be considered as Conditional Uses in the RR zoning district on a site by site consideration. Polo appears to be a sport/game with a small number of participants and fans, as compared to other sports involving horses/livestock, such as rodeos or horse racing. With this observation it may be reasonable to speculate that the number of people wanting to learn the game would be small and that the polo horses needed to teach boarded on the site would be correspondingly small. The net result meaning that the impact on the neighborhood could be minimal, in regards to introducing a Riding Academy or Stable. The RR zoning district allows stock, including horses, year round, without a restriction in their numbers, if they are properly managed. Limiting the Recreational Vehicle Campground participants to stockmen and/or owners staying with polo horses left on the site only after polo matches and having no more than 21 units (any combination of RVs, tents and trailers with living accommodations) allowed on the site, could minimize the impact on the neighborhood. Location of the camp site is another consideration that could minimize this impact. The conditions attached to the Conditional Use should minimize negative impact of the development. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The requested amended Conditional Use is in general conformance with the Wichita-Sedgwick County Comprehensive Plan. Per the UZC “Outdoor Recreation and Entertainment,” “Riding Academy or Stable” and “Recreational Vehicle Campground” may be considered as Conditional Uses in the RR zoning district, on a site by site consideration. The polo fields and the proposed accessory structures/buildings have an agricultural character except when the actual matches are being played. A riding academy or stable and camping are not uncommon uses in the county. The proposed conditions of the amended Conditional Use limit the participants in both of these activities. The RR zoning district allows stock, including horses, year round, without a restriction in their numbers, if they are properly managed. 5. Impact of the proposed development on community facilities: Impact should be minimal. BILL LONGNECKER, Planning Staff presented the Staff Report. He stated that the Haysville Planning Commission made several changes to the conditions and that the applicant has agreed to the changes. LONGNECKER briefly reviewed the changes as follows: Item #2 originally worded as 100 yards of separation, changed to 100 feet of separation; Item #5 – lights, change time from 9:00 p.m. to 10:00 p.m.; Item #9 outdoor speakers Sedgwick county 500 foot radius of playing fields; and Item #12 – stay no more than 10 consecutive days on the property. MOTION: To approve subject to staff recommendation. DENNIS moved, MARNELL seconded the motion, and it carried (13-0). --------------------------------------------------- 10. Case No.: CON2008-34 – Lucy Brawell (owner); Dale Kuhn, Riverside Township Trustee (applicant) Request County Conditional Use for a Government Service (Township Maintenance Facility) in SF-20 Single-Family Residential zoning. Lot 1, Prairie Estates Addition to Sedgwick County, Kansas. Generally located west of Woodlawn and one quarter mile north of 55th Street South. BACKGROUND: The applicant is requesting consideration for a Conditional Use to allow a “Government Service” Township Maintenance Facility on property zoned SF-20 Single Family Residential (“SF-20”). The Unified Zoning Code (“UZC”) defines Government Services as “buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and recreational services.” The UZC requires a Conditional Use for “Government Services” in all residential zoning districts. The site, Lot 1 of the Prairie Estates Addition, is 5.23 acres in size and is generally located northwest of the intersection of South Woodlawn Avenue and East 55th Street South (5355 S. Woodlawn Ave). The applicant proposes to use the subject site for a road and street maintenance facility for the Riverside Township. The equipment is used to repair roads, plow streets and generally maintain the infrastructure that is under the township’s control. Currently, the site contains an abandoned single-family residence and seven other accessory structures. The abandoned single-family residence existing on the site will be removed from the site. Along with the house, five other structures on the site will be removed. The applicant proposes to construct one new structure on the subject site and keep two of the existing structures. Although the entire property is covered by this Conditional Use application, the applicant is proposing to utilize the north central and northeastern part, approximately 1.9 acres, of the 5.32 acre site for this operation. The operations vehicles will be parked inside the two remaining structures on the site. The applicant has submitted a site plan showing the current uses, the proposed expansion and improvements. According to the attached site plan, all equipment is to be stored in Building A which will shelter the road equipment from the elements. Building B would be used for office space and for the parking of other vehicles. The applicant is also proposing to construct another structure on the property, Building C on the attached site plan, with a concrete floor for use as the repair and maintenance area for the equipment. Also included on the site plan is a location for a sand pile for ice control. Typical operation would occur during the day throughout the year, with possible 24- hour operation during the winter when street plowing and sanding could be required. The applicant will have to revise the site plan to account for employee parking, the location of the proposed fence, the location of possible additional material piles and the screening and landscaping that will be required for this application. The properties to the east, west, south and north are zoned SF-20 and are developed with single- family residences. The site is separated from residences on the south by Idlewild Circle and residences to the east by South Woodlawn Avenue. Both streets are paved with Woodlawn being a minor arterial and Idlewild being a local residential road. CASE HISTORY: The subject site was platted as Lot 1 of the Prairie Estates Addition in 1979. In 2007, this property was included in the Air Force Base Protection Overlay District (“AFBP-O”). This overlay is intended to provide protection to McConnell Air Force Base through site development regulations for the properties included in this overlay district. The main standard that will affect the development of the properties and other properties within this overlay is that all structures shall be limited to a maximum height of 25 feet. ADJACENT ZONING AND LAND USE: NORTH: SF-20 Residence SOUTH: SF-20 Residence EAST: SF-20 Residence WEST: SF-20 Residence PUBLIC SERVICES: The subject site is located on the northwest corner of South Woodlawn Avenue and East Idlewild Circle. Access to the site will be from South Woodlawn Avenue, which runs along the east property line. South Woodlawn Avenue is classified as a minor arterial at this location while Idlewild Circle is classified as a local road. There are no traffic counts near this location for either street. The closest traffic count of 2,700 Average Daily Trips (ADTs) is along East 55th Street South between South Rock Road and South Woodlawn Avenue. The site will need to utilize a well and septic or lagoon system for wastewater service. Septic and/or lagoon may be located off the proposed 1.9 acres delineated on the site plan, but maintenance and repairs will be the responsibility of the applicant per the procedures and standards of the Sedgwick County Code Enforcement. CONFORMANCE TO PLANS/POLICIES: The Comprehensive Plan identifies this property as Employment/Industry Center within the Wichita 2030 Urban Growth Area. Employment/Industry Center includes uses that constitute centers or concentrations of employment of an industrial, manufacturing, service or non-institutional nature. The range of uses includes manufacturing and fabrication facilities, warehousing and shipping centers, call centers and corporate offices. The Wichita 2030 Urban Growth Area is a category that identifies Wichita’s urban fringe areas that are presently undeveloped but have the potential to be developed by 2030, based upon Wichita population growth projections and current market trends. This is the area in which City limits expansion and extension of municipal services and infrastructure should be focused during the period from 2005 to 2030. Determination of growth direction and amount is based upon municipal political considerations, anticipated municipal population growth, efficient patterns of municipal growth, current infrastructure limitations, cost effective delivery of future municipal services and environmental factors. This property was included in the Air Force Base Protection Overlay District (“AFBP-O”). This overlay is intended to provide protection to McConnell Air Force Base through site development regulations for the properties included in this overlay district. The main standard that will affect the development of the properties and other properties within this overlay is that all structures shall be limited to a maximum height of 25 feet. RECOMMENDATION: Based on the information available prior to the public hearing, staff recommends the application be APPROVED, with the following conditions: 1. A 15-ft landscape buffer/screening of approved evergreen trees will be planted behind all existing and new chain linked fence along the boundary outlined in the site plan. The evergreens will be spaced at 15-ft centers and be a minimum of 5-ft in height at the time of planting. Suggested evergreens include Austrian Pine, Southwestern Pine, or Pinyon Pine. All landscaping shall be in place within a year of the approval of this Conditional Use. 2. Complete access control along Woodlawn will need to be vacated to allow access off of Woodlawn. Complete access control along Idlewild to be provided as attached to the Conditional Use resolution. County public works will need to be consulted in determining the proper access to the site from Woodlawn. 3. All materials stored outside shall be behind the evergreen buffer/screening and behind the current setback lines for SF-20 Single-family Residential. Setbacks for the north property line is 10 feet, 100 feet from the center line of S. Woodlawn Avenue on the east property line, 65 feet from the center line of Idlewild Circle on the south property line and 25 feet setback from the west property line. Material stockpiles will be no taller than 7 feet and will be located the maximum distance from abutting property lines. 4. Septic and/or lagoon may be located off the proposed 1.9-acres delineated on the site plan, but maintenance and repairs will be the responsibility of the applicant per the procedures and standards of the Sedgwick County Code Enforcement. 5. All repairs of vehicles will be on concrete floors and inside the proposed new structure; 6. The proposed structure will have to be constructed by a licensed contractor and the existing building to be used for the storage of the road equipment will have to be inspected by a licensed structural engineer. 7. Any outdoor lighting on the site shall be restricted to 12 feet in height, including the base, and shall be shielded away from residential zoning. All pole lights shall be located outside of all setbacks and landscape buffers. 8. Submit a revised site plan showing the locations of material piles and the area to be surfaced with an all-weather surface to be used as a driveway and parking area within 45 days. Development of the site shall be in conformance with the approved Site Plan. 9. Consult county fire department in regards to accessibility to the site for fire protection. 10. The site shall be developed and operated in compliance with all federal, state, and local rules and regulations. 11. The applicants shall obtain all applicable permits including, but not limited to: building, health and zoning. 12. If the Zoning Administrator finds that there is a violation of any of the conditions of the Conditional Use, the Zoning Administrator, in addition to enforcing the other remedies set forth in Article VIII of the Unified Zoning Code, may, with the concurrence of the Planning Director, declare that the Conditional Use is null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The properties to the east, west, south and north are zoned SF-20 and are developed with single family residences. The site is separated from the residence on the south by Idlewild Circle and the residences to the east are separated by South Woodlawn Avenue. Both streets are paved with Woodlawn being a minor arterial and Idlewild being a local residential road. 2. The suitability of the subject property for the uses to which it has been restricted: Residential development on the site is still likely on the subject site, but at a large expense. The existing single-family house was used at one time to produce methamphetamine, so the site will have to be demolished and decontaminated. The applicants are proposing demolish the existing house and to use the other existing structures for the operation. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Any detrimental effects should be mitigated by the recommended conditions of approval and code required development standards. In particular, landscaping will put into place much needed screening and buffering between the Townships’ operations and the residential development on the north and west sides of the site. 4. Conformance of the requested change to adopted or recognized Plans/Policies: The Comprehensive Plan identifies this property as Employment/Industry Center within the Wichita 2030 Urban Growth Area. Employment/Industry Center includes uses that constitute centers or concentrations of employment of an industrial, manufacturing, service or non-institutional nature. The range of uses includes manufacturing and fabrication facilities, warehousing and shipping centers, call centers and corporate offices. 5. Impact of the proposed development on community facilities: There may be some impacts in regards to vehicle headlights and noise, but the conditions proposed with this case should mitigate those impacts on nearby residences. DERRICK SLOCUM, Planning Staff presented the Staff Report. DALE KUHN, RIVERSIDE TOWNSHIP BOARD OF TRUSTEES said the Township has always leased a place to keep their equipment and yard and it was time they owned a yard and controlled some of the expenses. He said they border Riverside and Gypsum Townships and maintain Woodlawn. He said there was no opposition at the Derby meeting to their proposed purchase of the property. He mentioned various improvements they plan on making to the property including the tearing down of some of the out buildings, keeping the barn and construction of another building with a concrete floor and general clean up of the property. He said the only thing that will be stored outside will be sand for winter street care. He mentioned the trees that were recommended, three different types of pine trees and commented that his experience with pine trees is that every other year you have to spray for soft flies. He also mentioned that nematodes are affecting pine trees all over the Wichita area. He said he does not feel like that is a good use of taxpayers money to plant that many pine trees around the area and be mowing and trimming around them because it is an on-going expensive operation. He said he would like to put green slates in a six-foot chain link fence. He mentioned hooligans and said with trees or slates in the fence, no one can see what is going on inside the township yard. He said he thought it would be better to have visibility. He said they are agreeable to the other proposed changes including changing some legal on the driveway so it can be accessed from Woodlawn. VAN FLEET out @4:03 P.M. DENNIS verified that the applicant agreed to the changes in Condition #3 that were proposed. DALE KUHN said they agree with everything but the tree requirement. Responding to a question from HILLMAN concerning storing road salt outside at the site, KUHN said they use bag salt and store it inside out of the weather to be mixed in with the sand as it is put into the trucks. DOWNING said he agreed that pine trees may not be the best because of some diseases and mentioned that they lost three or four trees that were between 25 – 30 years old. He said the recommendation included a 15-foot landscape buffer/screening and asked if KUHN was suggesting that be changed to something less, and if so, what? KUHN said they would put in a 6-foot chain link fence, but he would like the facility to be visible from all directions. He said that way if someone is prowling around the facility, someone may see them. FOSTER said he would like to weigh in on the tree issue based on many years of experience as a registered Landscape Architect and many years of discussions with people in the Kansas Forestry Service, and Extension Office including other professionals such as arborists. He said people are still planting Austrian Pine trees and he would agree with the other species talked about not being used. He said he would like to add Keteleeri Juniper to the list, which is a tough Chinese juniper. He added that he would like the buffer to remain as recommended by staff and just a change to the tree selections. MOTION: To approve subject to staff recommendation, with the substitution of other trees as suggested by FOSTER. HILLMAN moved, MCKAY seconded the motion, and it carried (12-0). --------------------------------------------------- CHAIRMAN MTICHELL mentioned that the next meeting is the first meeting in September, so the Commission will be electing a new Chairman and Vice Chairman. He said since he is a County Appointee, the new Chairman should be a City Appointee. Meeting adjourned at 4:12 P.M. The Metropolitan Area Planning Department informally adjourned at >>> 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 ____________________, 2008. __________________________________ John L. Schlegel, Secretary Wichita-Sedgwick County Metropolitan Area Planning Commission (SEAL) August 21, 2008 Page 2