METROPOLITAN AREA PLANNING COMMISSION MINUTES April 14, 2005 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held on Thursday, April 14, 2005, at 2:00 P.M., in the Planning Department Conference Room, 10th floor, City Hall, 455 North Main, Wichita Kansas. The following members were present: Morris K. Dunlap, Chair; Harold Warner Jr. Vice-Chair; James Barfield; Bill Johnson; Bud Hentzen; Elizabeth Bishop; Denise Sherman and Frank Garofalo. Darrell Downing; John W. McKay Jr.; Ronald Marnell; Gary K. Gibbs and M.S. Mitchell not present. Staff members present were: John L. Schlegel, Secretary; Dale Miller, Current Plans Manager; Donna Goltry, Principal Planner; Neil Strahl, Senior Planner; Bill Longnecker, Senior Planner; Scott Knebel, Senior Planner; Jess McNeely, Associate Planner; David Barber, Advanced Plans Manager and Rose Simmering, Recording Secretary. -------------------------------------------------- 1. Approval of March 24, 2005 meeting minutes. MOTION: Approval of March 24, 2005 meeting minutes BARFIELD moved, MARNELL seconded the motion, and it carried (7-0-2) GAROFALO and DUNLAP abstain. --------------------------------------------------- ? SUBDIVISION ITEMS 2. Consideration of Subdivision Committee recommendations 2-1. SUB2004-140 – Revised Final Plat – WATERWALK PHASE 1 ADDITION, located north of Kellogg and west of Broadway. NOTE: The revised final plat is a replat of the Eastbank 1st Addition. This replat includes the vacation and relocation of portions of Wichita Street, Water, Dewey, Lewis and Waterman. STAFF COMMENTS: A. Municipal services are available to serve the site. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering needs to comment on the status of the applicant's drainage plan. A drainage easement is needed to correspond with the storm sewer denoted on the drainage plan. D. "Utility easements" need to be denoted on final plat as proposed on preliminary plat. E. Block numbers or letters shall be designated on the face of both the overall preliminary and final plats. Blocks shall encompass property bounded by streets. F. The owner's certificate shall reference "lots, blocks and streets". G. Benchmarks need added. H. Recording data for U.S. 54 needs added. I. The plattor's text needs to reference access control and minimum pad. J. A solid line is needed between Lots 1 and 2. K. C16 and C17 need to be combined to make one curve. L. The utility easements need located. M. The plat shall denote reference ties to previously platted lot corners (including city re-survey). N. The plat shall denote distance and direction to the monuments used to locate the land described in the certificate of survey. O. The plattor's text shall note the dedication of the streets to and for the use of the public. P. On the overall preliminary plat, Traffic Engineering has requested access controls be denoted along the Main Street frontage. The Dewey Street opening along Main is limited to rights-in/out movements, which should be denoted on the face of the plat. Distances should be shown for all segments of access control. The final plats in subsequent phases shall reference the dedication of access controls in the plattor's text. Access controls along Main will be reviewed by Traffic Engineering at final plat stage. Q. The Applicant has denoted building footprints on the overall preliminary plat, which represent adjustments of the Zoning Code standards for the LI, Limited Industrial and GC, General Commercial Districts. The applicant is advised to include proposed setbacks on the Waterwalk Phase One Addition and subsequent final plats. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission. The Applicant will be requesting a zone change to CBD, which will negate the need for setback adjustments. R. The applicant shall meet with Traffic Engineering regarding adjustment of the angle of the intersection of Waterman and Lewis on the overall preliminary plat. S. The right-of-way width for Main Street needs to be denoted on the overall preliminary plat and the final plat. T. The Applicant is advised of the need for potential KDOT approval for off-site parking to the south as denoted on the overall preliminary plat. U. A temporary road easement for the existing Dewey, Water and Wichita rights-of-way will need to be established by separate instrument until the new street alignments are completed. V. The plattor's text shall include the language "Existing public easements and dedications being vacated by virtue of K.S.A. 12-512(b)." W. The language "public roadway and utility easement" denoted within the street right-of-way should be deleted. X. The signature line for the Deputy within the Register of Deeds certificate needs to be revised to reference "Tonya Buckingham". Y. The platting binder indicates a party holding a mortgage on the site. This party's name must be included as a signatory on the plat, or else documentation provided indicating that such mortgage has been released. Z. Due to the portion of the site zoned LI, Limited Industrial the applicant should meet with MAPD Current Plans to discuss the need for a zone change to allow for proposed uses. The Applicant will be requesting a zone change to CBD. AA. GIS has requested that the overall preliminary plat include a label for the portion of Wichita St abutting the west property line of Lot 7. BB. Traffic Engineering has requested additional right-of-way for Waterman. CC. 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.) DD. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. EE. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. FF. 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. GG. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. HH. Perimeter closure computations shall be submitted with the final plat tracing. II. Recording of the plat within 30 days after approval by the City Council and/or County Commission. JJ. 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. KK. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-2. SUB2005-30 – One-Step Final Plat – SHADOW WOODS RESERVE, located east of 151st Street West and on the north side of Maple Street. NOTE: This site is located in the County adjoining Wichita's city limits and annexation is required. The Applicant will be submitting the final plat tracing with the name "The Woods Reserve". STAFF COMMENTS: A. Prior to this plat being scheduled for City Council review, annexation of the property will need to be completed. B. The applicant is advised that a Conditional Use is required for a Major Utility for a water pumping station in Reserve A. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. E. The Applicant shall guarantee the paving of the proposed streets. F. Since Reserve B includes a swimming pool, a site plan shall be submitted with the final plat, for review and approval by the Planning Director. The site plan shall include the information indicated in the Subdivision Regulations. Otherwise a conditional use and public hearing will be needed in the future. Department of Environmental Health also advises of the need for plan review prior to licensing of the pool. G. A cross-lot circulation agreement is needed to assure internal vehicular movement between the lots. A temporary opening along Maple has been approved by Traffic Engineering, which will be removed upon construction of a parking lot for the swimming pool on the lot to the north. H. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. I. For those reserves being platted for drainage purposes, the required covenant, which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. J. The Applicant has platted a 20-ft front building setback along Maple, and 10-ft street side setback along Country View Lane, which represents an adjustment of the Zoning Code standards of 25 feet and 15 feet respectively for the SF-5, Single-Family District. The Subdivision Regulations permit the setback provisions to be modified by the plat upon the approval of the Planning Commission. A modification has been approved. K. The new plat name shall be referenced in the plattor's text. L. GIS needs to comment on the plat's street names. The street names are approved. M. A block number or letter shall be denoted on the face of the plat. N. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. O. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. P. The applicant shall install or guarantee the installation of all utilities and facilities 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.) Q. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. R. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. S. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. T. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. U. Perimeter closure computations shall be submitted with the final plat tracing. V. Recording of the plat within 30 days after approval by the City Council and/or County Commission. W. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. X. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: Approve subject to staff recommendation. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-3. SUB2005-26 – One-Step Final Plat – GODDARD SCHOOL ADDITION, located south of Maple and on the east side of 167th Street West. NOTE: This is an unplatted site located within the City. STAFF COMMENTS: A. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. C. City Engineering requests a revised drainage plan. D. County Engineering needs to comment on the access controls. The plat denotes four openings along 167th St. West. Access control and traffic improvements will be determined by County Engineering based upon review of the traffic study. E. The waterline easement needs to be located. F. In accordance with the KS Wetland Mapping Conventions under the Memorandum of Understanding between the USDA-NRCS; USEPA; USACE; and USF&WS, this site has been identified as one with potential wetland hydrology. The US Army Corps of Engineers (USACE) should be contacted (316-322-8247) to have a wetland determination completed." G. The Applicant needs to verify the location of the pipeline easement indicated in the platting binder. The easement shall be shown if encumbering this plat, or verification provided that it is off-site or has been released. The pipeline easement is off-site. H. Provisions shall be made for ownership and maintenance of the proposed reserves. A covenant shall be submitted regarding ownership and maintenance responsibilities. I. For those reserves being platted for drainage purposes, the required covenant, which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities 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.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within 30 days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-4. SUB2005-31 – One-Step Final Plat – WOODED ACRES ADDITION, located west of Greenwich Road and north of 31st Street South. NOTE: This unplatted site is located in the County within three miles of Wichita's boundary. It is located in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. STAFF COMMENTS: A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. B. City Water and Sewer Department requests a petition for future extension of sanitary sewer and City water services. C. In conformance with the Urban Fringe Development Standards, for individual domestic wells that are proposed, a water availability evaluation must be provided to Sedgwick County Code Enforcement to assure the availability of an adequate, safe supply of water that does not impair existing water rights. Easements shall be dedicated for potential future extension of public water. D. The site is currently located within the Sedgwick County Rural Water District No. 3. If service is available, feasible and the property is eligible for service, County Code Enforcement recommends connection. E. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. F. County Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. G. Language for vacation of public dedications should be added. This issue will need to be reviewed by County Engineering prior to City Council consideration. H. On the final plat, the right-of-way width needs to be denoted for 107th St. East. I. Sedgwick County Fire Department has required all access drives to be in accordance with Sedgwick County Service Drive Code. J. 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. K. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. L. The applicant shall install or guarantee the installation of all utilities and facilities that are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) M. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. N. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. O. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. P. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. Q. Perimeter closure computations shall be submitted with the final plat tracing. R. Recording of the plat within 30 days after approval by the City Council and/or County Commission. S. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. T. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-5. SUB2005-32 – One-Step Final Plat – GORGES' TIMBER RIDGE ADDITION, located east of 247th Street West and south of 53rd Street North. NOTE: This site is located in the County in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. It is located in the Andale Area of Influence. STAFF COMMENTS: A. Since neither sanitary sewer nor municipal water is available to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage and water wells. A memorandum shall be obtained specifying approval. B. In conformance with the Urban Fringe Development Standards, for individual domestic wells that are proposed, a water availability evaluation must be provided to Sedgwick County Code Enforcement to assure the availability of an adequate, safe supply of water that does not impair existing water rights. Easements shall be dedicated for potential future extension of public water. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage plan is needed. The applicant will be platting a floodway reserve. E. County Engineering recommends the plat be reconfigured to include all the property between these lots and 247th West and public access provided to all properties. The Subdivision Committee required the ingress- egress easement to be located within a 70-ft contingent dedication of street right-of-way to allow for future conversion to a public right-of-way. F. A restrictive covenant shall be submitted regarding the private ingress/egress easement, which sets forth ownership and maintenance responsibilities and limits the private drive to servicing no more than three residential lots. G Sedgwick County Fire Department requires that all access drives be in accordance with Sedgwick County Service Drive Code. H. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for the three lots. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. The modification has been approved. I. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. J. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. K. The applicant shall install or guarantee the installation of all utilities and facilities 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.) L. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. M. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. N. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. O. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. P. Perimeter closure computations shall be submitted with the final plat tracing. Q. Recording of the plat within 30 days after approval by the City Council and/or County Commission. R. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. S. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-6. SUB2005-33 – One-Step Final Plat – PAULY-RAUSCH–RICHARDSON ACRES ADDITION, located north of 55th Street South and west of 279th Street West. NOTE: This site is located in the County in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. STAFF COMMENTS: A. Since sanitary sewer is unavailable to serve this property, the applicant shall contact County Code Enforcement to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities. A memorandum shall be obtained specifying approval. B. In conformance with the Urban Fringe Development Standards, for individual domestic wells that are proposed, a water availability evaluation must be provided to Sedgwick County Code Enforcement to assure the availability of an adequate, safe supply of water that does not impair existing water rights. Easements shall be dedicated for potential future extension of public water. C. The site is currently located within the Sedgwick County Rural Water District No. 4. If service is available, feasible and the property is eligible for service, County Code Enforcement recommends connection. D. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. E. County Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. F. The preliminary plat does not show adjacent owners. G. This lot contains less than the required 2-acre minimum lot size. A zoning adjustment will need to be approved for this lot. This adjustment should be submitted after the MAPC approval and prior to release of the plat for recording. H. The face of the plat does not correspond with the legal description, which includes the ingress/egress easement within the plat boundaries. The applicant is advised that the legal description currently included in the plattor's text would require signature of the plat by the owner of the ingress/egress easement. The Applicant will remove reference to the ingress/egress easement from the legal description. I. Sedgwick County Fire Department advises that all access drives shall be in accordance with Sedgwick County Service Drive Code. J. Sedgwick County Public Works recommends access to the site be obtained from adjacent property to the east. The Subdivision Committee approved the plat with the proposed ingress-egress easement. K. A restrictive covenant shall be submitted regarding the proposed ingress/egress easement, which sets forth ownership and maintenance responsibilities and limits the private drive to servicing no more than three residential lots. L. The signature line for the Deputy within the Register of Deeds certificate needs to be revised to reference "Tonya Buckingham". M. The MAPC signature block needs to reference "Morris K. Dunlap, Chair". N. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. O. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. P. The applicant shall install or guarantee the installation of all utilities and facilities 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.) Q. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. R. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. S. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. T. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. U. Perimeter closure computations shall be submitted with the final plat tracing. V. Recording of the plat within 30 days after approval by the City Council and/or County Commission. W. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. X. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. DUNLAP Everyone should have a revised addition of the staff recommendation that was not in your original packet. STRAHL This is a county plat and the revised staff report addresses Item J, which is in regards to access. The applicant has proposed an off-site ingress/egress easement extending from 55th Street south to their property. County Engineering originally had requested that they use an existing private drive to minimize driveways along the section line road. The applicant explained that it was not owned by the owner and would have difficulty obtaining access from the adjoining private drive. After discussion by the Subdivision Committee it was approved that the owner should be able to utilize his proposed ingress/egress drive. MOTION: Approve subject to staff recommendations. WARNER moved, MARNELL seconded the motion, and it carried (9-0). --------------------------------------------------- 2-7. SUB2005-34 – One-Step Final Plat – THE ROYAL MAGNOLIA ADDITION, located on the south side of 37th Street North and west of Maize Road. NOTE: This is an unplatted site located within the City. The applicant requests a zone change (PUD 2005-01) from SF-5, Single-Family Residential to PUD, Planned Unit Development. STAFF COMMENTS: A. This plat will be subject to approval of the associated zone change and any related conditions of such a change. Prior to this plat being considered by MAPC, the zone change will need to be approved. B. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning Department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. A revised drainage plan is needed. Drainage easement is needed for Lots 1 and 3. A cross-lot drainage agreement between Lots 1 and 3. E. The applicant shall participate in the paving petition for 37th Street North. F. The diagonal portions of the drainage and utility easements need to be located. G. The dimension of 1015.12 in legal description needs to be checked. H. Traffic Engineering has requested the access openings be defined as denoted on the PUD site plan. The plat proposes two openings along 37th St. North. Distances should be shown for all segments of access control. A restrictive covenant shall be submitted that requires the closure of the east opening on Lot 2 upon the establishment of a commercial use. I. The applicant shall guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings. A Driveway Closure Certificate in lieu of a guarantee may be provided. J. A cross-lot access agreement shall be submitted that permits cross-lot access through Lot 2 for the benefit of Lot 3. The southwestern adjoiner should also be contacted regarding this access agreement. K. A Block shall be designated on the face of the plat as referenced in the plattor's text on the final plat. L. The signature line for the Deputy within the Register of Deeds certificate needs to be revised to reference "Tonya Buckingham". M. Approval of this plat will require a waiver of the lot depth to width ratio of the Subdivision Regulations for Lot 1. The Subdivision Regulations state that the maximum depth of all residential lots shall not exceed 2.5 times the width. N. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. O. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. P. The applicant shall install or guarantee the installation of all utilities and facilities 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.) Q. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. R. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone: 316-946-4556) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. S. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. T. The owner of the subdivision should note that any construction that results in earthwork activities that will disturb one (1) acre or more of ground cover requires a Federal/State NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Also, for projects located within the City of Wichita, erosion and sediment control devices must be used on ALL projects. For projects outside of the City of Wichita, but within the Wichita Metropolitan area, the owner should contact the appropriate governmental jurisdiction concerning erosion and sediment control device requirements. U. Perimeter closure computations shall be submitted with the final plat tracing. V. Recording of the plat within 30 days after approval by the City Council and/or County Commission. W. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. X. The applicant is reminded that a compact disc (CD) shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD, or sent via e-mail to MAPD (cholloway@wichita.gov). This will be used by the City and County GIS Department. MOTION: Approve subject to staff recommendations. WARNER moved, MARNELL seconded the motion BISHOP I was wondering about the comments, 12:30 a.m. would be the end time. MCNEELY That is noted on the PUD document. Look at Parcel C, the bottom right hand corner; down towards the bottom. It addresses the hours of operation and the location of the music. DUNLAP We already passed that case and now we are looking at the final plat. MOTION CARRIED: 9-0 --------------------------------------------------- 2-8. DED2005-07 – Dedication of Street Right-of-Way and DED2005-08 – Dedication of a Utility Easement, for property located south of Central and on the east side of Ridge Road. APPLICANT: R.D. Woods, Ridge Plaza, LLC, P.O. Box 75264, Wichita, KS 67275-0264 AGENT/SURVEYOR: Baughman Company, 315 Ellis, Wichita, KS 67212 LEGAL DESCRIPTION: A) The west 10 feet of Lot 1, Woodland Heights Second Addition, Wichita, Sedgwick County, Kansas; and B) The east 20 feet of Lot 1, Woodland Heights Second Addition, Wichita, Sedgwick County Kansas, except the north 205.00 feet thereof. PURPOSE OF DEDICATION: These dedications are associated with a lot split case (SUB 2005-09), and are being dedicated for street right-of-way along Ridge Road, and construction and maintenance of public utilities. STAFF RECOMMENDATION: Accept the Dedications. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-9. DED2005-09 – Dedication of a Water Easement, for property located south of 21st Street North and on the east side of Tyler Road. APPLICANT: L.D.Carney, DAC, LLC, 2118 N. Tyler Road, Bldg. B, Ste. 101, Wichita, KS 67212 AGENT/SURVEYOR: Baughman Company, 315 Ellis, Wichita, KS 67212 LEGAL DESCRIPTION: Part of Lot 3, Westwind Fifth Addition, Wichita, Sedgwick County, Kansas. PURPOSE OF DEDICATION: This dedication is associated with a lot split case (SUB 2004-149), and Is being dedicated for and construction and maintenance of public utilities. STAFF RECOMMENDATION: Accept the Dedication. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-10. DED2005-10 – Dedication of Access Control, for property located on the north side of Maple and west of Maize Road. APPLICANT: Mark Gross, 211 S. Tyler Road, Wichita, KS 67209 AGENT/SURVEYOR: Tim Austin, Poe and Associates, 5940 E. Central Ste. 200, Wichita, KS 67208- 4242 LEGAL DESCRIPTION: The east 101.75 feet of the south 225.5 feet of the east 111.75 feet of the west 289.75 feet of Lot 3, Block 20, Oak Cliff Estates Addition, Wichita, Sedgwick County, Kansas. PURPOSE OF DEDICATION: This dedication is associated with a lot-split case (SUB 2004-70), and is being dedicated for complete access control along Maple Street. STAFF RECOMMENDATION: Accept the Dedication. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- 2-11. DED2005-12 – Dedication of Street Right-of-Way; and DED2005-13 – Dedication of Street Right-of-Way, for property located on the northwest corner of Douglas and Tyler Road. A) DED 2005-12: Dedication of Street Right-of-Way; and B) DED 2005-13: Dedication of Street Right-of-Way, for property located south of Central and on the east side of Tyler Road. APPLICANTS: A) John M. and Cathy M. Torres, 1372 Pine Grove Ct., Wichita, KS 67212; and B) Ronald R. and Janice C. Franks, 249 N. Woodchuck, Wichita, KS 67212 AGENT/SURVEYOR: Mark Savoy, Savoy Company, P.A. 535 S. Emporia, Ste. 104, Wichita, KS 67202 *(Address Corrected) LEGAL DESCRIPTION: A) The east 10 feet of Lot 3, R. Beard Addition, Wichita, Sedgwick County Kansas; and B) The east 10 feet of Lots 1 and 2, R. Beard Addition, Wichita, Sedgwick County, Kansas. PURPOSE OF DEDICATION: These dedications are associated with a zoning case (ZON 2004-58), and are being dedicated for street right-of-way along Tyler Road, and for construction and maintenance of public utilities. STAFF RECOMMENDATION: Accept the Dedications. MOTION: Approve subject to staff recommendations. MARNELL moved, JOHNSON seconded the motion, and it carried (9-0). --------------------------------------------------- ? PUBLIC HEARINGS – VACATION ITEMS 3-1. VAC2005-06 – Request to Vacate a platted Utility Easement, located midway between 29th Street and 21st Street North, west of Maize Road and on the north side of Central Park Street. APPLICANT/OWNER: Socora Village Company New Market Square LTD AGENT: PEC c/o Rob Hartman LEGAL DESCRIPTION: The platted 10-foot utility easement running parallel to the south lot of Lot 26, Block 7, the Evergreen Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located generally located midway between 29th Street North and 21st Street North, west of Maize Road and on the south side of Central Park Street (Council District V) REASON FOR REQUEST: Replace with 10-foot water line easement CURRENT ZONING: Subject property and properties south and north of it are zoned "LC" Limited Commercial. Properties to the east and the west are zoned "SF-5" Single-family Residential The applicant is requesting consideration to vacate a platted 10-ft utility easement located parallel to the south lot line of Lot 26, Block 7, the Evergreen Addition. There is a water line located in the east approximately 200-feet of the platted utility easement. There are no manholes or sewer lines in the easement. Westar utilities have equipment in the platted easement. There is a platted 5-foot wall easement that is south and running parallel to the proposed vacated easement, on Lot 1, the New Market Square Addition. Abutting the south end of the platted wall easement, running its entire length, there is a platted 20-foot utility easement on Lot 1, the New Market Square Addition. The Evergreen Addition was recorded with the Register of Deeds August 31, 1998. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the platted utility easement, as described with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2005, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described platted 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 utility easement described in the petition should be approved subject to the following conditions: 1) Per the recommendation of the City's Public Works, Water & Sewer Departments and the franchised utilities, provide any additional easement(s) needed for public and franchised utilities. In particular address the issue of Westar having a future need for the easement for their equipment. Retain the easement until the Westar issue has been resolved. 2) Retain that eastern portion of the platted 10-foot utility easement where the existing water line is located on Lot 26, Block 7, the Evergreen Addition, until such time that the water line is relocated. 3) Provide Public Works/Water and Sewer with any necessary plans and guarantees needed for the relocation of the water line in the platted 10-foot utility easement. 4) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 5) All improvements shall be according to City Standards. 6) Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Per the recommendation of the City's Public Works, Water & Sewer Departments and the franchised utilities, provide any additional easement(s) needed for public and franchised utilities. In particular address the issue of Westar having a future need for the easement for their equipment. Retain the easement until the Westar issue has been resolved. (2) Retain that eastern portion of the platted 10-foot utility easement where the existing water line is located on Lot 26, Block 7, the Evergreen Addition, until such time that the water line is relocated. In particular address the issue of Westar equipment being in the platted easement; retain the easement until the Westar equipment has been relocated, at the applicant's expense, and provide any needed easement(s) to cover the Westar equipment either where it is currently located or in a new location as approved by Westar. (3) Provide Public Works/Water and Sewer with any necessary plans and guarantees needed for the relocation of the water line in the platted 10-foot utility easement. (4) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. (5) All improvements shall be according to City Standards. (6) Per MAPC Policy Statement #7,all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 3-2. VAC2005-07 – Request to Vacate platted Complete Access Control, located north of 21st Street North and on the east side of Webb Road. APPLICANTS/OWNERS: Slawson Investment Corporation AGENT: PEC, c/o Rob Hartman LEGAL DESCRIPTION: Generally described as the south 50-feet of the north 60-feet of that portion of Lot 4, Block 1, the Tallgrass East Commercial Addition, Wichita, Sedgwick County, Kansas, running parallel to Webb Road LOCATION: Generally located approximately 700-feet north of 21st Street North, on the east side of Webb Road (District II) REASON FOR REQUEST: To allow a right-in right-out driveway onto Webb Road CURRENT ZONING: The site and abutting southern and adjacent western properties are zoned "LC" Limited Commercial. Abutting northern and eastern properties are zoned "SF-5" Single-family Residential The applicant has applied for the vacation of the complete access control along the site's south 50-feet of the north 60-feet of its Webb Road frontage, to allow one right-in right-out driveway from Lot 4, Block 1, the Tallgrass East Commercial Addition. The subject site is on the northeast corner of the 21st Street North – Webb Road intersection. The subject site is part of CUP DP-168, which has integrated access, circulation and parking, including two existing platted access/drives onto 21st Street North and another one onto Webb Road. The current platted access/drive is 176.32-feet south of the proposed access/drive. At this location Webb Road is a four-lane arterial with a turn lane on its east side abutting the subject site. West, across Webb Road from the subject site, the platted Webb Road Booster Pumping Station Addition has one allowed drive/access along its 600-feet of Webb Road frontage. This existing drive lines up just south of the subject site's current platted drive/access and is approximately 200-feet south of the proposed drive. The other nearest (north of the proposed drive) street or drive intersection onto Webb Road is approximately 1200-feet north of the proposed drive. With the proposed drive there would be three drives on the east side of Webb Road within the first 700-feet north of the 21st Street North – Webb Road intersection. There are no water or sewer lines located in this side of the Webb Road right-of-way. The Tallgrass East Commercial Addition was recorded with the Register of Deeds February 22, 1989. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate a portion of the platted access control, per the approval of the Traffic Engineer, with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2005 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of platted complete access control and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of a portion of the platted complete access control described in the petition should be approved with conditions; 1. Vacate that portion of platted access control along the site's Webb Road frontage, as approved by the Traffic Engineer to allow one right-in right-out drive onto Webb Road. Provide Staff with a metes and bounds description of the location of the new drive. 2. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 3. All improvements shall be according to City Standards, including any driveways from private property onto public ROW. 4. Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Vacate that portion of platted access control along the site's Webb Road frontage, as approved by the Traffic Engineer to allow one right-in right-out drive onto Webb Road. Provide Staff with a metes and bounds description of the location of the new drive. (2) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. (3) All improvements shall be according to City Standards, including any driveways from private property onto public ROW. (4) Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 3-3. VAC2005-08 – Request to Vacate platted Access Control, located south of 29th Street North, approximately ¼ mile east of Ridge Road. APPLICANTS/OWNERS: Stephan & Carolyn Langhofer Mark & Susan Eaton AGENT: Baughman Co. PA., c/o Phil Meyer Randy Ketzner LEGAL DESCRIPTION: Generally described as the west 14.00-feet of complete access control over the east 89.98-feet of that north portion of Lot 2 running parallel to the 29th Street North and the east 30-feet of the west 87.02-feet of that north portion of Lot 3 running parallel to the 29th Street North, all in Block A, the Barefoot Bay Estates Addition, Wichita, Sedgwick County, Kansas LOCATION: Generally located on the south of 29th Street North approximately 1/4 mile east of Ridge Road. REASON FOR REQUEST: To realign driveways to match up with existing driveways and proposed driveways CURRENT ZONING: The site and all abutting eastern and adjacent northern parts of the southern properties are zoned "SF-5" Single-family Residential. Adjacent western and a portion of the northern and southern properties are zoned "LI" Limited Industrial. The applicant has applied for the vacation of the complete access control along the subject site's 29th Street North frontage. The vacation will allow the one 30-foot drive on Lot 2 to shift itself 14-feet east and allow the one 30-foot drive onto Lot 3 to shift itself 123-feet east; all lots are in Barefoot Bay Estates Addition. There will be 133-feet of access control between the new drives, if the vacation is approved, instead of the current 300-feet. It is not clear what the realigned drives will be matching up with north, across 29th Street North. There is a large sand pit north, across 29th Street North from the site. The drives provide the only access onto two large single-family lots that abut a sand pit on their south sides. 29th Street North is a paved two-lane arterial that has primarily single-family development on either side of it at this location and some undeveloped "LI" property around sand pits. There are manholes and sewer lines located in portions of the 29th Street North ROW at his location. The Barefoot Bay Estates Addition was recorded with the Register of Deeds February 24, 2004. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate a portion of the platted access control, per the approval of the Traffic Engineer, with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2005 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of platted complete access control and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of a portion of the platted complete access control described in the petition should be approved with conditions; 1. Vacate that portion of platted access control along the site's 29th Street North frontage, as approved by the Traffic Engineer to allow the shifting of the 30-foot access onto Lot 2 & 3, the Barefoot Bay Estates Addition. Provide Staff with a metes and bounds description of the location of the realigned drives. 2. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 3. All improvements shall be according to City Standards, including any driveways from private property onto public ROW and if necessary provide a guarantee to close the existing drives. 4. Per the MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Vacate that portion of platted access control along the site's 29th Street North frontage, as approved by the Traffic Engineer to allow the shifting of the 30-foot access onto Lots 2 & 3, the Barefoot Bay Estates Addition. 2. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 3. All improvements shall be according to City Standards, including any driveways from private property onto public ROW and if necessary provide a guarantee to close the existing drives. 4. Per the MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 3-4. VAC2005-09 – Request to Vacate platted Right-of-Way, located east of Hoover Road, approximately 0.6 mile north of State Highway K-42. APPLICANTS: B&E Investments c/o Matt Eck Brand Plumbing c/o Mike Brand AGENT: Baughman Company PA c/o Phil Meyer LEGAL DESCRIPTION: Generally described as that portion of Hoover Court abutting the north side of Lot 1, the WB Carter Addition and as platted on the WB Carter Addition, Wichita, Sedgwick County, Kansas And Generally described as that portion of Pawnee Avenue established per Misc. Book 354, Page 529, that abuts the south side of the unplatted tract D-432-UP LOCATION: Generally located between Hoover Road, on its west side, and the Cowskin Floodway, on its east side, approximately 3,000-feet north of State Highway K-42 (WCC District IV) REASON FOR REQUEST: Revert to private use CURRENT ZONING: The site is unimproved public right-of-way. The abutting north and south properties and the adjacent western properties are zoned "LI" Limited Industrial. The abutting eastern property is the Cowskin Floodway The applicant is requesting vacation of the unimproved portion of right-of-way (ROW) as previously described. The 60-foot (x) approximately 475-feet of ROW intersects Hoover Road on its west side and ends at the Cowskin Floodway on its east side. Interstate Highway-235 ROW is east of the Floodway and the Cessna Aircraft facility is west of Hoover Road. The proximity of the proposed vacated ROW to the Floodway, Interstate Highway -235 and the Cessna facility make it unlikely that the ROW will ever be extended beyond its current location. The applicants own the abutting northern and southern properties. Both abutting properties have access onto Hoover Road that they are currently using, so the vacation of the ROW would not affected their access to Hoover Road. There are no manholes, sewer or water lines in the ROW. There is a storm drain line in the ROW. Westar has equipment in the ROW. The WB Carter Addition was recorded with the Register of Deeds April 7, 1970. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the 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, of notice of this vacation proceeding one time March 24, 2005 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of platted street ROW 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 ROW described in the petition should be approved with conditions; 1. Retain the vacated ROW as an access – utility – drainage easement. 2. Dedicate 10-foot of ROW along the northern and southern properties' Hoover frontage. Retain the west 10-foot of the vacated ROW. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 4. All improvements shall be according to City Standards, including any driveways from private property onto public ROW. 5. Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Retain the vacated ROW as an access – utility – drainage easement. 2. Retain the west 10-foot of the vacated ROW. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 4. All improvements shall be according to City Standards, including any driveways from private property onto public ROW. 5. Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 3-5. VAC2005-10 – Request to Vacate a platted Utility Easement and Setback, located ¼ mile west of Rock Road, midway between 21st Street North and 13th Street North. OWNER/APPLICANT: Security Portfolio VII, LLC AGENT: Baughman Company, PA, c/o Phil Meyer LEGAL DESCRIPTION: All of the platted 10-foot utility easement, located 5-foot east of the west lot line and all of the platted 35-foot setback that both run parallel to the west lot line all on Lot 3, CCR 3rd Addition, Wichita, Sedgwick County, Kansas, except the north 111.50-feet thereof LOCATION: Generally located approximately ¼ mile west of Rock Road, midway between 21st Street North and 13th Street North and abutting the south side of the Railroad right-of- way (WCC District II) REASON FOR REQUEST: Allow more area to build CURRENT ZONING: Subject property is zoned "LI" Limited Industrial. South abutting property is zoned "GO" General Office. West abutting property is zoned "SF-5" Single-Family Residential. East abutting property is zoned "LC" Limited Commercial. North abutting property is Railroad right-of-way. The applicant is requesting consideration for the vacation of all of the platted 10-foot utility easement and the platted 35-foot setback as described. The applicant proposes the vacation to allow more area to build more storage units. The Unified Zoning Code (UZC) provides no interior side yard setback for the "LI" zoning district. The UZC's Compatibility Standards for an interior side yard setback when property is zoned "MF-18" Multi-family Residential or has a less restrictive zoning when adjacent to property zoned "TF-3" Two-family Residential or a more restrictive zoning, is a minimum of 15-feet, plus 1-foot for each 5-feet of lot width over 50-feet. The maximum interior side yard setback, per the Compatibility Standards, is 25- feet. The self storage facility (zoned "GO" General Office) south of the site, Lot 1, Security Storage Properties Addition, was required to have a 15-foot landscape buffer along the west side of their site, per condition #2 of BZA 35-84. The western abutting property is zoned "SF-5" and is developed as USD 259 Coleman Middle School. The school's playing fields abut the site. Placing the back of a storage facility against the USD/subject site's common property line basically provides solid screening at that location. There are no manholes, sewer or water lines in the platted easement. The CCR 3rd Addition was recorded with the Register of Deeds May 23, 1995. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the platted 10-foot easement and the platted 35-foot setback as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2004, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described platted easement and the platted setback and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the platted easement and the platted setback described in the petition should be approved with conditions; 1. Vacate the platted 35-foot setback, as described in the legal description. Waive the UZC's Compatibility Standards. 2. Vacate the platted 10-foot utility easement, as described in the legal description, contingent upon approval by Public Works and the franchised utility companies. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 4. All improvements shall be according to City Standards. 5. Per the MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: (1) Vacate the platted 35-foot setback, as described in the legal description. Waive the UZC's Compatibility Standards. (2) Vacate the platted 10-foot utility easement, as described in the legal description, contingent upon approval by Public Works and the franchised utility companies. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. (4) All improvements shall be according to City Standards. (5) Per the MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 3-6. VAC2005-11 – Request to Vacate platted Complete Access Control, located north of Harry Street and east of Meridian Avenue on the east side of Saint Clair Avenue. APPLICANTS/OWNER: Schrander Brothers Construction, Inc Chris Ruffin AGENT: Poe & Associates, Inc., c/o Tim Austin LEGAL DESCRIPTION: Generally described as allowing one drive onto Saint Claire Avenue and one drive onto Dooley Street all off of Lot 2, Block A, the Santa Fe Orient Industrial District 3rd Addition, Wichita, Sedgwick County, Kansas LOCATION: Generally located north of Harry Street and east of Meridian Avenue, more specifically northeast of the Harry Street – Saint Claire Avenue intersection. (WCC District IV) REASON FOR REQUEST: Additional access for employees and customers CURRENT ZONING: The site and the abutting southern and eastern properties are zoned "LI" Limited Industrial. The adjacent northern and western properties are zoned "TF-3" Two- family Residential The applicant has applied for the vacation of the complete access control to allow one drive onto Saint Clair Avenue and one drive onto Dooley Street from Lot 2, Block A, the Santa Fe Orient Industrial District 3rd Addition. The applicant has requested the additional access for employee and customer parking lots. The site currently has access onto Harry Street, a two-lane arterial, off of Harry Court. Saint Clair Avenue is a paved residential street. Dooley Street is an unimproved dirt/sand residential street. There are single –family residences across these streets west and north of the subject site. There is a water line located in the Saint Clair Avenue right-of-way (ROW). A sewer line crosses the Dooley Street ROW onto the site. The applicant has provided Staff with a site plan. The Santa Fe Orient Industrial District 3rd Addition was recorded with the Register of Deeds December 27, 1978. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate a portion of the platted access control, per the approval of the Traffic Engineer, with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2005 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of platted complete access control and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of a portion of the platted complete access control described in the petition should be approved with conditions; 1. Vacate that portion of platted access control, as approved by the Traffic Engineer to allow one drive onto Saint Clair Avenue and one drive onto Dooley Street. The drive onto Saint Clair Avenue must line up with the open side yards between Lots 52 & 54, or the open side yard between Lots 56 & 54, whichever is the larger open side yard, all in the Stiles and Smith Addition. The drive onto Dooley Street must line up with South Everett Avenue. Provide Staff with a metes and bounds description of the location of the drives. 2. No truck traffic onto the access/drives onto Saint Clair Avenue and Dooley Street. Provide a covenant to be file with the Register of Deeds, which allows no truck and trailer or any other industrial vehicular traffic to use the drives onto Dooley Street and Saint Clair Avenue. Contact Public Works for signs to be posted advertising no truck and trailer or any other industrial vehicular traffic to use the drives onto Dooley Street and Saint Clair Avenue 3. Provide a petition for the paving of Dooley Street along the subject site's frontage. 4. Provided a site plan showing the proposed development's location and orientation of all buildings, employee/customer parking, truck/trailer parking, circulation and another features on the site. Employee and customer parking will be located along the north and west sides of the site, no truck or trailer parking allowed along the north and west sides of the site, where the employee/customer parking and circulation is located. The site plan will be reviewed and approved by Planning. 5. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 6. All improvements shall be according to City Standards, including any driveways from private property onto public ROW. 7. Per the MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Vacate that portion of platted access control, as approved by the Traffic Engineer to allow one drive onto Saint Clair Avenue and one drive onto Dooley Street. The drive onto Saint Clair Avenue must line up with the open side yards between Lots 52 & 54, or the open side yard between Lots 56 & 54, whichever is the larger open side yard, all in the Stiles and Smith Addition. The drive onto Dooley Street must line up with South Everett Avenue. Provide Staff with a metes and bounds description of the location of the drives. 2. No truck traffic onto the access/drives onto Saint Clair Avenue and Dooley Street. Provide a covenant to be file with the Register of Deeds, which allows no truck and trailer or any other industrial vehicular traffic to use the drives onto Dooley Street and Saint Clair Avenue. Contact Public Works for signs to be posted advertising no truck and trailer or any other industrial vehicular traffic to use the drives onto Dooley Street and Saint Clair Avenue. 3. Provide a petition for the paving of Dooley Street along the subject site's frontage. 4. Provided a site plan showing the proposed development's location and orientation of all buildings, employee/customer parking, truck/trailer parking, circulation and another features on the site. Employee and customer parking will be located along the north and west sides of the site, no truck or trailer parking allowed along the north and west sides of the site, where the employee/customer parking and circulation is located. The site plan will be reviewed and approved by Planning. 5. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. 6. All improvements shall be according to City Standards, including any driveways from private property onto public ROW. 7. Per the MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. BILL LONGNECKER The applicant has modified their request. They are dropping their request to have access control onto Dooley, with that being dropped, the Traffic Engineer has agreed to drop the condition of providing a petition for paving of Dooley Street along that subject site's frontage. The MAPD staff and the applicant are in agreement. MOTION: Approve subject to staff recommendations and the modifications noted by staff and the applicant. MARNELL moved, GAROFALO seconded the motion, and it carried (9-0). --------------------------------------------------- 3-7. VAC2005-12 – Request to Vacate a Portion of a Platted Front Setback, located west of Meridian Avenue and south of 53rd Street North, more specifically southwest of the Sandkey Street – Sandkey Court intersection. OWNER/APPLICANT: Kurt Bachman Building Inc, c/o Kurt Bachman LEGAL DESCRIPTION: The south 5-feet of the platted 25-foot front setback on Lot 9, Block 4, The Moorings North Addition, Wichita, Sedgwick County, Kansas. LOCATION: Generally located west of Meridian Avenue and south of the 53rd Street North, more specifically southwest of the Sandkey Street – Sandkey Court intersection (WCC District VI) REASON FOR REQUEST: Existing encroachment CURRENT ZONING: Subject property and all abutting and adjacent properties are zoned SF-5" Single-family Residential. The applicant proposes to vacate the south 5-feet of the platted 25-foot front setback to remove an encroachment of a bay window into the setback. This is also being done to satisfy a mortgage title inspection. The UZC's front setback for the "SF-5" zoning district is 25-feet. If the front setback was not platted the applicant could have applied for an Administrative Adjustment that would allow the setback to be reduced by 20%, i.e. reducing it to 20-feet. Water lines are in the right-of- way and sewer lines are in the platted 20-foot easement on the north side off the subject site. The Moorings North Addition was recorded with the Register of Deeds on December 9, 1997. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives and other interested parties, Planning Staff recommends approval to vacate the portion of the platted front setback as described in the legal description with the following conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2004, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described portion of the platted setback and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the portion of the platted setback described in the petition should be approved with conditions; (1) Vacate only that portion of the platted setback where there is an encroachment. (2) Provide staff with accurate legal descriptions of the proposed portion of the vacated setback. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (4) All improvements shall be according to City Standards. (5) Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Vacate only that portion of the platted setback where there is an encroachment. 2. Provide staff with accurate legal descriptions of the proposed portion of the vacated setback. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 4. All improvements shall be according to City Standards. 5. Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds. MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 3-8. VAC2005-13 – Request to Vacate Restriction of Uses in Plattors' Text, located east of Tyler Road and south of 29th Street North, off of the Pepper Ridge and Meadow Park Streets -intersection. OWNER/APPLICANT: Fouts Geller Development Co, LLC, c/o Jim Fouts AGENT: Baughman Company, PA, c/o Phil Meyer Baughman Company, PA, c/o Phil Meyer LEGAL DESCRIPTION: Vacate the plat text's restriction of uses in regards to uses allowed in Reserve E, Fossil Rim Estates Addition, Wichita, Sedgwick County, Kansas LOCATION: Generally located east of Tyler Road and south of 29th Street North, more specifically northeast of Pepper Ridge and Meadow Park Streets REASON FOR REQUEST: To allow a neighborhood swimming pool CURRENT ZONING: Subject property and all abutting and adjacent properties are zoned "SF-5" Single- family Residential. The applicant is requesting consideration for the vacation of the restriction of uses in the plat's text for platted Reserve E, Fossil Rim Estates Addition. The uses that Reserve E has been set aside for include drainage purposes, landscaping, sidewalks, lakes, open spaces, berms and utilities confined to easements. The applicant requests the vacation to allow the additional uses of a neighborhood pool, parking and a pool house while retaining the existing allowed uses in Reserve E. There are no manholes or sewer and water lines in the reserve. The Fossil Rim Estates Addition was recorded with the Register of Deeds May 31, 2002. Based upon information available prior to the public hearings and reserving the right to make recommendations based on subsequent comments from City Public Works, franchised utility representatives, and other interested parties, Planning Staff recommends approval to vacate the uses of that portion of Reserve E as described in the legal description to allow additional uses with conditions. A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Wichita Eagle of notice of this vacation proceeding one time March 24, 2005 which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described uses of the platted reserve and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner, the prayer of the petition ought to be granted. B. Therefore, the vacation of the uses of the platted reserve described in the petition should be approved subject to the following conditions: (1) Vacate the use restrictions as listed in Reserve E to allow the additional uses of a swimming pool and related facilities, a parking lot, a club house and recreational uses. Retain the original uses allowed in Reserve E of drainage purposes, landscaping, sidewalks, lakes, open spaces, berms and utilities confined to easements. (2) Drainage and site plans must be provided to the Public Works Engineer for review and approval prior to the VAC2005-13 going to the WCC for final action and prior to the issuance of building permits. (3) Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. (4) All improvements shall be according to City Standards. (5) Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Vacate the use restrictions as listed in Reserve E to allow the additional uses of a swimming pool and related facilities, a parking lot, a club house and recreational uses. Retain the original uses allowed in Reserve E of drainage purposes, landscaping, sidewalks, lakes, open spaces, berms and utilities confined to easements. 2. Drainage and site plans must be provided to the Public Works Engineer for review and approval prior to the VAC2005-13 going to the WCC for final action and prior to the issuance of building permits. 3. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. 4. All improvements shall be according to City Standards. 5. Per MAPC Policy Statement #7, all conditions to be completed within one year of approval by the MAPC or the vacation request will be considered null and void. All vacation request are not complete until the Wichita City Council or the Sedgwick County Board of County Commissioners have taken final action on the request and the vacation order and all required documents have been provided to the City, County and/or franchised utilities and the necessary documents have been recorded with the Register of Deeds MOTION: Approve subject to staff recommendations. MARNELL moved, BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- ? PUBLIC HEARINGS – ZONING ITEMS 4. Case No.: ZON2005-03 – Michael Mollett Trust No. 2, John C. Mollett Trust No. 2, Kathryn Mollett Small Trust No. 2, and Jane Mollett Whitlow Trust No. 2 c/o Mike Higgins, and Ritchie Development (owner), Greg Allison c/o MKEC (agent) Request Sedgwick County Zone change from "SF-20" Single-family Residential and "RR" Rural Residential to "LI" Limited Industrial on property described as; The West Half of the Northeast Quarter of Section 3, Township 27 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas. Generally located South of 29th Street North, one-fourth mile west of 127th Street East. MAPC deferrals March 10, 2005 and March 24, 2005 BACKGROUND: The applicant is requesting to rezone an 81-acre tract from "RR" Rural Residential and "SF-20" Single-family Residential to "LI" Limited Industrial for development of industrial/warehousing types of uses. No specific users are identified for the tract. The property comprises the western half of the northeast quarter section of land located southwest of 29th Street North and 127th Street East. The surrounding property to the east and most of the north is zoned "RR" and is in agricultural use except for several large estates. A high-voltage Westar transmission line is located within the subject tract, paralleling the western edge of the tract. The property west of the transmission line is zoned "SF-20" but was approved for "LI" Limited Industrial in 2000; establishment of the "LI" zoning is pending until platting is completed. The property to the south is zoned "SF-5" Single- family Residential and is being developed with urban-scale single-family homes. Because of the presence of single-family homes to the south and potential to the north, the proposed industrial use should meet site development standards designed to mitigate conflicts with nearby residential uses. CASE HISTORY: The property is unplatted. ADJACENT ZONING AND LAND USE: NORTH: "RR" Agricultural, suburban estate SOUTH: "SF-5" Single-family Residential subdivision under development EAST: "RR" Agricultural, large estate WEST: "SF-20" Vacant PUBLIC SERVICES: The site has access to 29th Street North, an unpaved two-lane county line road designated as a major collector and maintained by the township. No traffic counts or projections are available. No transportation improvements are programmed on capital improvements programs. The developer would be required to pave 29th Street North to county road standards prior to development of any of the property. The water line to serve the property is approximately one-half mile to the west on Greenwich and would require a water supply line project to the east edge of the property with a 16" line, responsible for the " equivalent. A sewer main line project would be required going north from the one-half mile line at Woodridge Street (in Fairmont Addition) to the north line of the property. Other normal services are available. CONFORMANCE TO PLANS/POLICIES: The "Wichita Land Use Guide" of the 1999 Update to the Wichita/Sedgwick County Comprehensive Plan, amended in January 2002, identifies the property as "low density residential". The Industrial Locational Guidelines of the 1999 Update to the Comprehensive Plan recommend that industrial uses: (1) should be located in close proximity to support services and provide good access to major arterials, truck routes, belt highways, utility trunk lines, rail spurs, airports and as extensions of existing industrial uses; (2) should not feed directly into local streets in residential areas; and (3) should be located away from existing or planned residential areas, and sited so as not to generate industrial traffic through less intensive land use areas. The proposed site potentially would constitute an extension of other industrial uses if the property to the west, which is approved for "LI" zoning, develops with industrial uses. Traveling one-half mile westward from the site to Greenwich and one-half mile southward to K-96 keeps traffic away from existing residential neighborhoods to the east and south along 127th Street East. The presence of a residential neighborhood on the southern property boundary poses conflicts that would need mitigation to avoid violating the third industrial locational guideline. RECOMMENDATION: Although the Comprehensive Plan recommends this tract for low-density residential use rather than industrial use, the Comprehensive Plan does recommend the abutting property to the east as industrial; furthermore, this abutting tract is approved for "LI" zoning subject to a protective overlay and platting. Also, the 150-acre tract west of Greenwich is being developed as Regency Park, an industrial park with a protective overlay. Another 130-acre tract located on the northwest corner of Greenwich and 37th Street North about one and one-half mile northwest of this request was approved subject to platting in 2003. When combined, these tracts represent an industrial/employment center developing in the vicinity, based on proximity to K-96 and Jabara Airport. The subject tract already has a Westar high voltage transmission line along its western edge, which is less compatible with residential use in close proximity. Impacts of industrial uses on the property to the south and industrial traffic on 127th Street East can be mitigated to a certain extent by a protective overlay. To mitigate industrial uses, the protective overlay incorporates provisions like those in effect for Regency Park Industrial Park. The initial staff report included the use restrictions of Regency Park Industrial Park plus wider buffer and enhanced screening for this development along the corridors shown for residential development on the Comprehensive Plan. The case was deferred prior to MAPC considering the initial recommendations. After the deferral, the applicant met with some of the surrounding property owners and with staff to discuss modifications to the recommendations. The modifications had more use restrictions. Additional landscape buffering along 29th Street North would consist of a three-foot tall berm with evergreen trees planted on/along the berm except within platted reserves for detention. A 75-foot setback along the south and 25 feet on the east was suggested instead of 100 feet. A provision was added to allow ground signage on 29th Street North for uses within the tract without street frontage on 29th Street North. Based on the additional discussions and information available, planning staff recommends that the request for "LI" Limited Industrial zoning be APPROVED, subject to platting the property within one year and subject to the following REVISED protective overlay conditions: 1. All uses permitted by right in the "LI" zoning district except the following uses: correctional facility; correctional placement residence, limited and general; day reporting center; recycling collection station, private and public; recycling processing center; kennel, boarding/breeding/training; night club in the city; night club in the county; pawn shop; secondhand store; sexually oriented business in the county; tattooing and body piercing facility (city); tavern and drinking establishment; asphalt or concrete plant, limited and general; transfer station; and grain storage. For any use with 100,000 square feet of floor area, a traffic study shall be prepared. The City Traffic Engineer may require that additional traffic improvements be guaranteed to support this traffic volume. The total average daily traffic generated by the uses within this property shall not exceed 8,000 ADT. 2. Screening shall be per Unified Zoning Code; however, any fences or walls shall be constructed of a consistent pattern and color. Along 29th Street North, a berm three feet tall planted with evergreen trees spaced no more than 30 feet apart shall be provided, with these trees located outside sight clearance zones of streets and drive openings, and except in platted reserves containing detention facilities. 3. Landscaping shall be as follows unless the site is annexed by the City of Wichita; if annexed, the Wichita Landscape Ordinance shall apply; otherwise the following requirements shall apply: (1) landscape buffer of one (1) shade tree or two (2) ornamental trees shall be provided along the screening fence or wall. (2) A landscaped street yard shall be provided along 29th Street North with an average depth of 20 square feet per lineal foot of frontage and one (1) shade tree or equivalent (two (2) ornamental trees or 10 shrubs per shade tree, but with a limit of no more than one-third of tree requirement being met by shrubbery) and (3) parking lot landscaping of one (1) tree per 20 parking spaces and allowing a credit for up to one-half the shade or ornamental trees in the landscaped street yard toward meeting this requirement and (4) continuous parking lot screening (minimum height of three (3) feet of shrubbery within the third growing season) of any parking lot within 150 feet of 29th Street North. A landscape plan prepared by a Kansas Landscape Architect for each lot indicating the location, type, and specification of plant materials shall be submitted to the Planning Department for its review and approval prior to the issuance of any building permits(s) on this land. 4. Storage of merchandise shall be allowed outside an enclosed building only in compliance with the general screening standards of the Unified Zoning Code and the following additional standards: (1) no outdoor storage or work areas shall be permitted in the front setback; (2) no required off-street parking space or loading area shall be utilized for storage; and (3) items stored outdoors shall be screened from view from 29th Street North or any residentially zoned property. 5. Roof-mounted equipment and loading docks, trash receptacles, ground level heating, air conditioning and mechanical equipment, free-standing coolers or refrigeration units, outdoor storage including portable storage containers, outdoor work areas or similar uses shall be screened from ground level view along 29th Street North and any residentially zoned property. 6. Minimum setback requirements shall be 35 feet along 29th Street North, 25 feet along nonresidential local streets, and 25 feet along residentially zoned property along the east side of the tract. Along the south line of this property the setback shall be 75 feet unless a buffer is platted, in which case for every foot of platted buffer the setback can be reduced by that number of feet but in no case with the setback be less than 25 feet. 7. Maximum height of 55 feet for all structures. 8. All signs shall be limited to signs that would be allowed in the "LC" Limited Commercial zoning district; no off-site, billboard or portable signs shall be permitted except for off-site signs advertising uses located within this tract that shall be allowed to have signage placed on signs fronting 29th Street North. 9. No building permits shall be issued for any development without municipal water and sewer service. Prior to any development, the developer shall be responsible for providing county standard paving to and across the site from the nearest paved arterial. County standard paving means six (6) inches of stabilized sub grade with six (6) inches of hot mix asphalt and includes proper ditches, side slopes and shoulders. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The surrounding property to the east and most of the north is zone "RR" and is in agricultural use except for several large estates. A high-voltage Westar transmission line is located within the subject tract, paralleling the western edge of the tract. The property west of the transmission line is zoned "SF-20" but was approved for "LI" Limited Industrial in 2000; establishment of the "LI" zoning is pending until platting is completed. The property to the south is zoned "SF-5" Single-family Residential and is being developed with urban-scale single-family homes. 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 and "RR" Rural Residential. A high voltage transmission line occupies the western strip of the property. Low-density residential use is less desirable near the transmission line without an appropriately wide buffer. The tract is on the edge of urbanizing low-density neighborhoods (the Fairmont and the Hawthorne), thus urban scale residential use like "SF-5", the automatic zoning district unless another district is requested, would be more compatible than the suburban density ("RR" and "SF-20") currently in place. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The main impact would be the potential for industrial traffic between residential neighborhoods and industrial uses in close proximity to residential uses to the south. The protective overlay is designed to mitigate the impacts. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: The "Wichita Land Use Guide" of the 1999 Update to the Wichita/Sedgwick County Comprehensive Plan, amended in January 2002, identifies the property as "low density residential". The Industrial Locational Guidelines of the 1999 Update to the Comprehensive Plan recommend that industrial uses: (1) should be located in close proximity to support services and provide good access to major arterials, truck routes, belt highways, utility trunk lines, rail spurs, airports and as extensions of existing industrial uses; (2) should not feed directly into local streets in residential areas; and (3) should be located away from existing or planned residential areas, and sited so as not to generate industrial traffic through less intensive land use areas. The proposed site potentially would constitute an extension of other industrial uses if the property to the west, which is approved for "LI" zoning, develops with industrial uses. Property to the west, which is approved for "LI" zoning, develops with industrial uses. Traveling one-half mile westward from the site to Greenwich and one-half mile southward to K-96 keeps traffic away from existing residential neighborhoods to the east and south along 127th Street East. The presence of a residential neighborhood on the southern property boundary poses conflicts that would need mitigation to avoid violating the third industrial locational guideline. The protective overlay is designed to mitigate these impacts. 5. Impact of the proposed development on community facilities: The development would require extension of water and sewer services. Any use will require paving to county road standards prior to development, and depending on the types of industrial uses, it will most likely generate the need for widening the roads or adding accel or decel lanes. DONNA GOLTRY The main concern for staff was protecting the integrity of the surrounding areas for future residential use, because, as we see it, this is pretty much the edge of where the industrial use ought to be going. We do have a set of Protective Overlay conditions. BARFIELD On page 4, condition #4, does that mean outside storage will be allowed to be higher than the screening? GOLTRY No, it should not be visible from 29th Street North and any residentially zoned property. That is basically the Office Warehouse screening standards. GENE RATH, MKEC Ritchie Development is developing Regency Park, and I believe that next week there is a replat for the Subdivision Committee to review to reconfigure a couple of lots there (Regency Park), and that area is continuing to develop. The Big Dog Motorcycle business is the site immediately adjacent to the southwest of this site. Ritchie also has the 80 acres along 29th Street at the southeast corner of 29th and Greenwich and plan to begin the platting development there. The applicant and a member of the MKEC staff meet with two of the property owners in the area who had made contact with the City staff. One lives immediately north of the development and is within the notification area that could protest, and the other property owner lives over a 1/4 of a mile away and is outside of the legal protest area. They had concerns over potential uses of the development and Ritchie has agreed to eliminate a number of the uses that are at least possible, and has written a letter to each of those owners indicating what they proposed to do. Ritchie also is the developer of the Fairmount Addition just south of this area, and certainly does not want to do anything to jeopardize the buffer there. There is an existing hedgerow along the 1/2 mile line and we certainly intend to keep that, and intend to keep at least the 75-foot setback between the property line and any buildings along the south of the property. GAROFALO Are you in agreement with the conditions? RATH Yes, we are in agreement. MICHAEL YOUNG, 2754 N. 127th, Wichita, KS 67226 I am east of the property 1/4 of a mile. We are outside of the protest area and we have a few concerns. I have two homes and my brother who is with me here is located in this area as well. Do we know anything more about what they are going to put there specifically? What is planned for this development? What is the time frame that we are looking at to develop the site? I am not sure about procedurally how things are done. Is it customary not to have a site plan at the time that you are asking for rezoning? What road paving, if any, is going to be done over and above the minimum that is required? I had a question about why the buffering was going to be reduced on the eastern side. On the 21st Street side, they will have more of a buffer but on our side, being the side a 1/4 mile in (from 127th Street East), I wasn't sure why that was going to be reduced. Is there any assurance at all that can be given at this point that the adjoining quarter section, the one right in front of us, just to the right of the red squared area, will not come back and be asked that will be zoned industrial as well? If we knew that buffer was going to stay there as opposed to creeping towards us even further, that would make a big difference to us. ROB RAMSEYER, VICE PRESIDENT, RITCHIE DEVELOPMENT I will be answering some of these questions. We have worked with the neighbors and staff to try and work through most of the issues. As far as what we are planning to put there, we have no specific plans at this time. However, we anticipate the uses to be the same that are currently in the Greenwich Business Park Regency plat; they are lighter uses in these business parks that seem to be the demand at this point. DUNLAP This is "LI" zoned? RAMSMEYER Yes, it is "LI" zoned, there are lighter uses in these building parks, which seems to be the demand. It is the same zoning we are putting here, with the same or fewer restrictions on it. At this time we have no customers and we don't know what is going in there, but we are anticipating the same type of thing that is in Regency Park. As far as a time frame, we are about done with Regency Park. You all will be seeing a plat on the 80 acres on the southeast corner of 29th and Greenwich probably within a month. I would say that it is 2-4 years away, but that is depending on the marketplace at this point and time. As far as the site plan, no, we are too early in the stage to provide a site plan but I would anticipate that it would be something similar in size lots, primarily in the 2-3 acres size lots similar to Regency Park. As far as the use of the east 80, in that quarter section, at this time, we do not know. If we had a plan for it, we would certainly share that, but we do not know. Our plan for paving would be to pave those roads in the normal course of platting. I would say that I would be surprised if any kind of truck traffic would utilize unpaved portions of 127th or 29th to get there. I think they would get there much quicker going down to Greenwich and then on up, I think with the wear and tear on their vehicles and time, it would be very surprising if that would happen. So that road would be paved in the normal course of platting and development. DUNLAP How about the buffering on the east side of the 80? RAMSEYER On "LI" my understanding is that there really are no setback requirements, but the buffering would be per zoning code. We have agreed to a 25-foot setback, and the screening would be a six-foot fence or wall or a solid evergreen buffer or a 6-foot berm or some combination thereof. MARNELL My concern would be the south portion, where not only is it possible to be developed by residential but it is being developed by residential now. I saw in the report that the building height restriction was 55 feet and it would seem to me that would be an awfully high building stuck up against residential properties. Assuming that residential gets developed first and then later the industrial gets developed behind it, then you have conflicting interests there. The property owners now own it, but it is not Ritchie owning it anymore, and Ritchie would be developing the industrial with whatever best fits their interest. I think it would be a good idea to lower that height or add some distance away from that property on that south side. RAMSMEYER We are the developer of the Fairmount residential in the south, and that is one reason why we'd have this zoning in place. The streets and so forth are not in that portion of the Fairmount yet, and that is another reason we want to get the zoning, because we want to get ahead of it and disclose it appropriately. We plan on platting some form of a buffer in there, and something to keep that hedgerow in there, to mitigate that--we are sensitive to that. MARNELL Will we address that issue again at platting? DUNLAP For the building height in the adjacent area? SCHLEGEL This is the time to address that issue. MARNELL I would like to see a reduction for the first 250-300 feet, because we don't know the time on development on this, and this might be 20 years from now before that last lot at the bottom end (south) goes in. And, the people who had the interest in the residential will be long gone. And, it will be whoever has the responsibility it is, to get that last land leased or sold or whatever the process maybe, particularly if it is sold the underlying land is no longer Ritchie (land) anyway. RAMSMEYER Something to the effect of the southernmost buildings, if they are within X feet of the property, would be something less than that 55 feet? MARNELL Yes, I would like to see them maybe 35 feet for the last 300 feet, and I wouldn't think with a parcel that size that it would be very restrictive. RAMSMEYER Let me think about that question and come back to it in a little bit. BISHOP It looks to me as if there is a drainage swale along the west side, a little bit, and then it curves to the south end of the property, and that seems to me a good place to leave some open space. RAMSMEYER I do not know, that may be a terrace, because there is drainage, I know, and there is some here and we have some detention. BISHOP I realize that is an issue that is left to platting, but along with the concern of the height of buildings, if there are drainage issues that may be an area to address--detention. RAMSMEYER We do not have a site plan yet, but up here on 29th is a buffer…(away from podium) it is to early to tell at this time. JOHNSON Between this and the industrial park that you have about full, are there covenants that you review every project that goes in, and you either approve or disapprove? RAMSMEYER Yes, we have retained architectural control on every building. JOHNSON That is the reason I wanted to bring that up, and that is why I would not be opposed to leaving the heights the way they are, because I know you go thoroughly over what you let in there. YOUNG There is no question that people will take that shorter way. DUNLAP Donna, I am concerned about paving and utilities, but let's look at 29th Street, are there any utilities there? TAPE CHANGE GOLTRY That is one of the requirements; that they extend them prior to development. DUNLAP The paving is going to be done and the utilities are going to be on the applicant and not shared by the north side? I mean, we are not changing the zoning to cause those people on the north side to pay for something that they would not have to normally pay for are we? GOLTRY It says, the developer shall be responsible for providing paving to county standard to and across the site from the nearest paved arterial. And Jim Weber specified the standard, which is listed in the staff report. DUNLAP We are not talking about a 1/2 of a road? GOLTRY We are talking about the whole road. This is actually an arterial type road. Now these are still township type roads, but when this is developed then it becomes a county/city road and then it would put the cost on the public at–large; this is what happens. MOTION: Approve the zone change but restrict the building height to 35 feet on the southern 300 feet property. MARNELL moved, BISHOP seconded the motion. SUBSTITUTE MOTION: Approve the zone change per staff comments with the agreement that has been made with staff and the applicant. JOHNSON moved, HENTZEN seconded the motion. MARNELL If the same property was owned and being developed at the same time by a common owner I would have no problem at all with that because it would still be a common interest. But if the residential area develops first and part of that parcel gets a transfer of ownership, then we would have cross-purpose interests and the 55 feet could be right against the property line at the south end, and I don't think that is appropriate. JOHNSON Presently the residential zoning and this parcel are owned by the same people. I guess I am glad that they are bringing it in here so before someone goes to buy a residential lot they understand what will be north of them. Secondly, there is quite a hedgerow between the two parcels and with the landscaping it is not unusual and, again being familiar with the way that they screen, what they do personally let into this industrial area, I feel comfortable with it. DUNLAP I have a question for MKEC. We are going to vote on the substitute motion pretty soon, but the original motion, is that a problem for the applicant or the development? GENE RATH I think that we prefer the 55; they are willing to compromise. Thirty-five feet is typically for residential or retail type of development and I don't think that we would like to go down as low as 35. Maybe 45 for that first 250-300 feet would be acceptable. BARFIELD I think I am hearing a conflict between what the developer said. Sir, could you come back to the podium. RAMSMEYER We would accept 45 feet on the first 250-300 feet of buildings on the southernmost buildings. Thirty-five feet is the residential height, and I think 45 feet is reasonable. There is a hedgerow that is 25 feet high itself and would cover the sight lines very well. MARNELL I would like it to be 55 feet right against there. If we don't approve the substitute motion of just the staff report as it is, I would be willing to modify my original motion when it comes back to it--to 45 feet instead of 35 feet. BISHOP I would agree to that modification as the second to the motion. SUBSTITUTE MOTION: Approve the zone change per staff comments with the agreement that has been made with staff and the applicant. JOHNSON moved, HENTZEN seconded the motion, and it FAILED (2-7) JOHNSON, HENTZEN in favor. ORIGINAL MOTION, AS MODIFIED: Approve the zone change but restrict the building height to 45 feet on the southern 250 feet property. MARNELL moved BISHOP seconded the motion, and it carried (9-0). --------------------------------------------------- 5. Case No.: ZON2005-09 Associated with CON2005-09 – Dennis Niedens (applicant) Request Zone change from "SF-5" Single-family Residential to "TF-3" Two-family Residential and Conditional Use to permit more than one duplex on one lot on property zoned "TF-3" Two-family Residential on property described as; Lot Thirty-Eight (38), Davis Gardens Addition, Wichita, Sedgwick County, Kansas. Generally located at the southwest corner of North Sheridan and Elm BACKGROUND: The applicant requests TF-3 Two-family zoning on a .34-acre site, currently zoned SF-5 Single-family. The site was developed with a single-family dwelling, which burned recently. The applicant also requests a Conditional Use for two duplexes on the one existing lot. The applicant proposes one duplex with access from Elm Street, and the other with access from Sheridan. North of the application area, across Elm are SF-5 zoned single-family residences, further north is a B Multi-family zoned apartment complex. South of the site are MF-29 Multi-family zoned multi-family units. East of the application area are SF-5 zoned single-family residences, and to the west is a vacant SF-5 zoned lot and railroad tracks. CASE HISTORY: The application area is platted as lot 38 of the Davis Gardens Addition. ADJACENT ZONING AND LAND USE: NORTH: "SF-5" Single-family residential Single–family residential "B" Multi-family residential Apartment complex SOUTH: "MF-29" Multi-family residential Multi–family residential EAST: "SF-5" Single-family residential Single–family residential WEST: "SF-5" Single-family residential Vacant PUBLIC SERVICES: No traffic counts or future plans are available for either Elm or Sheridan, as they are both local residential streets. Sheridan is a two-lane, paved, local street with a 65-foot right-of-way (ROW). Elm is a two-lane unpaved local street with a 60-foot ROW. All other normal public services are available at the site. CONFORMANCE TO PLANS/POLICIES: The "Wichita Land Use Guide, as amended 1/02" of the 1999 Update to the Wichita- Sedgwick County Comprehensive Plan identifies the application area as appropriate for "low density residential. The Unified Zoning Code (UZC) permits multiple duplexes on one lot in TF-3 zoning with the approval of a Conditional Use. The UZC limits multiple dwellings