METROPOLITAN AREA PLANNING COMMISSION MINUTES FEBRUARY 8, 2001 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held Thursday, February 8, 2001 at 1:00 p.m. in the Planning Department Conference Room, 10th Floor, City Hall, 455 North Main, Wichita, Kansas. The following members were present: Jerry Michaelis, Chair; James Barfield; Frank Garofalo; Bud Hentzen; Bill Johnson; Richard Lopez; Ron Marnell; Susan Osborne-Howes (late arrival); George Platt; and Ray Warren. Chris Anderson, John W. McKay, Jr.; Chris Carraher; and Harold Warner were not present. Staff members present were Marvin Krout, Secretary; Dale Miller, Assistant Secretary; Donna Goltry, Principal Planner; Scott Knebel, Senior Planner; and Karen Wolf, Recording Secretary. Jerry Michaelis chaired the meeting in Chris Carraher's absence. 1. Approval of MAPC meeting minutes for December 7, 2000 and December 21, 2000. MOTION: That the Metropolitan Area Planning Commission approve the minutes of December 7, 2000. GAROFALO moved, MARNELL seconded the motion, and it carried unanimously (9-0). WARREN "I have one little correction on Page 44 of the December 21 minutes, but I will give it to the secretary." MICHAELIS "Okay." MOTION: That the Metropolitan Area Planning Commission approve the minutes of December 21, 2000 as amended. GAROFALO moved, HENTZEN seconded the motion, and it carried unanimously (9-0). ---------------------------------------------------------------------- 1. Consideration of Subdivision Committee recommendations MICHAELIS "We need to pull Item No. 2/6 for discussion. Are there any other ones that anybody wants to pull?" Subdivision Committee items 2/1, 2/2, 2/3, 2/4 and 2/5 were approved subject to the Subdivision Committee recommendations. JOHNSON moved, LOPEZ seconded the motion, and it carried unanimously (9- 0). 2/1. SUB2000-121 – One-step Final Plat of TOBEN 5TH ADDITION, located on the north side of 39th Street North, west of Webb Road. A. The Applicant shall guarantee the extension of City water and sanitary sewer to serve the lots being platted. B. City Engineering needs to comment on the need for additional guarantees, easements, or drainage reserves. The drainage easements within Lots 4, 5 and 6 shall be platted as reserves. 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. If any of this site's drainage is directed onto the adjacent railroad right-of-way, a letter shall be provided from that railroad indicating the willingness to accept such drainage. The drainage plan is approved. Additional calculations are required. E. Traffic Engineering has approved a joint access opening between Lots 11 and 12, Block 1 and also one opening for Lot 1, Block 1. Seventy-five feet of complete access control is required along Lot 1 from the internal street. A joint access easement needs to be established by separate instrument. Distances should be shown for all segments of access control. The final plat shall reference the access controls in the plattor's text. F. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. G. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the appropriate governing body, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. H. The Fire Department needs to comment on the plat's street names. The street names are acceptable. I. The 25-ft building setback platted for Lot 1, Block 1 is incorrectly labeled as 35-ft. J. If platted, the building setbacks may be a minimum of 20 feet to conform with the LI District zoning standards. K. The north half of 41st Street, adjacent to the north line of the plat, is not open and should be vacated. The Applicant shall contact the property owners to the north to attempt to have this right-of-way vacated. A portion of this street right-of-way will need to be retained as a hammerhead turnaround for Linden Drive. L. A guarantee for the future construction of a turnaround for Linden Drive is required. M. The applicant shall guarantee the paving of the proposed interior streets to the urban industrial street standard. N. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. 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 which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) 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 316-729-0102) 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 be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. U. Perimeter closure computations shall be submitted with the final plat tracing. V. Recording of the plat within thirty (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. KGE has requested additional easements. X. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. ------------------------------------------------- 2/2. SUB 2000-85 – Final Plat of THE FAIRMONT ADDITION, located north of 21st Street, west side of 127th Street East. A. As this site is adjacent to Wichita's City limits, the Applicant shall submit a request for annexation. Prior to this plat being scheduled for City Council review, annexation of the site will need to be completed. Upon annexation, the property will be zoned SF-6, Single-Family Residential and thereby permit the lot sizes 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. The Applicant shall guarantee the extension of City water and sanitary sewer to serve the lots being platted. D. City/County Engineering needs to comment on the status of the applicant's drainage plan. County Engineering needs a drainage plan for review. City Engineering has approved the drainage plan. A guarantee is required for improvements. Off-site drainage easements will be needed. E. City Fire Department needs to comment on the plat's street names. The street names shall be revised in accordance with Fire Department's request. F. The applicant shall submit a copy of the instrument which establishes the pipeline easements on the property, which verifies that the easements shown are sufficient and that utilities may be located adjacent to and within the easements. G. The applicant's agent shall determine any setback requirements for the pipelines by researching the text of the pipeline agreements. If a setback from the pipeline easements is provided for in the pipeline easement agreements, it shall be indicated on the face of the plat. H. Since this plat proposes the platting of narrow street right-of-way with adjacent "15-foot street drainage and utility easements", a restrictive covenant shall be submitted which calls out restrictions for lot-owner use of these easements. Retaining walls and change of grade shall be prohibited within these easements as well as fences, earth berms and mass plantings. I. Various lots in this plat exceed the maximum lot width to lot depth ratio of 2.5 to 1. A modification has been approved by the Subdivision Committee. J. County Engineering needs to comment on the need for improvements to 127th St. East. County Engineering requires a petition to guarantee paving improvements to 127th St. East from the nearest paved segment and the southernmost entrance to the plat. Project estimate shall include costs for relocation of pipeline if required and parallel pipeline(s) in road right-of-way. K. The Applicant shall guarantee the paving of the interior streets. The paving guarantee shall also provide for sidewalks on at least one side of all through, non cul-de-sac streets. L. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 32-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. M. An off-site cul-de-sac dedication shall be provided by separate instrument for the terminus of Boxthorn Court. N. 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. This covenant shall also provide for the Homeowners' Association to maintain the "parking strip" located between Reserve B and the driving surface for 127th St. East. O. 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. P. The pedestrian access and drainage easement being platted in the southwest corner of the plat to Reserve M, should be relabeled as a maintenance and drainage easement and referenced in the plattor's text. Q. The signature line for the County Clerk needs to be revised to reference "Don Brace". R. The signature line for the MAPC Chairman needs to be revised to reference "Christopher S. Carraher". S. The blocks will need to be redesignated as two blocks are labeled "E". T. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. U. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) V. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. W. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. X. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Y. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. Z. Perimeter closure computations shall be submitted with the final plat tracing. AA. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. BB. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. KGE has requested additional easements. CC. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. DD. Traffic Engineering has requested that Reserve D be increased at the intersection of Boxthorn and Davin Lane to allow for sufficient site distance. ---------------------------------------------------- 2/3. SUB20001-04 – One-Step Final of REMINGTON PLACE ADDITION, located east of Webb, on the south side of 21st Street North. A. The applicant shall guarantee the extension of sanitary sewer and City water to serve the lots being platted. B. City Engineering needs to comment on the need for any additional guarantees or easements. An additional 5-ft utility easement is required along the west line of Lot 12, Block 4. A sanitary sewer layout is requested. 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. The drainage easement located within Lot 1, Block 1, needs to be platted as a Reserve. Off-site drainage easements need to be established by separate instrument. A drainage guarantee is required. Minimum pad elevations need to be platted for the lots abutting detention ponds. E. Traffic Engineering needs to comment on the access controls. The plat proposes one access opening along 21st St. North. Access controls are approved. F. The off-site utility and drainage easement will need to be established by separate instrument. G. The off site wall easement will need to be established by separate instrument. 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 appropriate governing body, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. J. The wall easements should be referenced in the plattor's text. K. The parking easements shall be referenced in the plattor's text specifying that the easements are granted for residential parking only and that no obstructions shall be constructed or placed within the easements. L. The pipeline easements should be denoted on the final plat tracing. M. The Subdivision Regulations discourage the inclusion of pipeline easements within the perimeter of urban scale lots. The pipeline easement in Lot 22, Block 3 shall be included within a Reserve. The pipeline easement located in Lot 1, Block 6 shall be referenced in a restrictive covenant. N. The Applicant shall guarantee the paving of the proposed interior streets to the urban street standard. Sidewalks shall also be provided along one side of the 64-ft through street. O. The applicant shall submit an avigational easement covering all of the subject plat and a restrictive covenant assuring that adequate construction methods will be used to minimize the effects of noise pollution in the habitable structures constructed on subject property. P. Since this plat proposes the platting of narrow street right-of-way with adjacent "15-foot street drainage and utility easements", a restrictive covenant shall be submitted which calls out restrictions for lot-owner use of these easements. Retaining walls and change of grade shall be prohibited within these easements as well as fences, earth berms and mass plantings. Q. The street names need to be approved by the City Fire Department. R. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 32 or 58-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. S. 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. T. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) U. 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. V. 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 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. W. 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. X. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. Y. Perimeter closure computations shall be submitted with the final plat tracing. Z. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. AA. 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. KGE has requested additional easements. BB. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. ------------------------------------------------------------------ 2/4. SUB2001-01 – One-Step final Plat of THE LOCHS AT ABERDEEN, located on the north side of 21st Street North, east of 119th Street West. A. The applicant shall guarantee the extension of sanitary sewer and municipal water to serve the lots being platted. City Engineering needs to comment on the need for additional guarantees or easements for the site. A respread agreement is required. 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. The drainage plan is approved. A drainage guarantee is required. Minimum pad elevations need to be platted. D. Provisions shall be made for ownership and maintenance of the proposed reserves. The applicant shall either form a lot owners' association prior to recording the plat or shall submit a covenant stating when the association will be formed, when the reserves will be deeded to the association and who is to own and maintain the reserves prior to the association taking over those responsibilities. E. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the appropriate governing body, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. F. The parking areas intended for Reserves A and B shall be shown on the plat as "parking easements". The easements need to be at least 20-feet deep and no wider than 50 feet. The plattor's text shall also reference the platting of these easements. G. Because of the landlocked nature of Reserves A and B, a means of access should be provided. H. The applicant shall submit a covenant which provides for four (4) off-street parking spaces per dwelling unit on each lot which abuts a 32-foot street. The covenant shall inventory the affected lots by lot and block number and shall state that the covenant runs with the land and is binding on future owners and assigns. I. Since this plat proposes the platting of narrow street right-of-way with adjacent 15-foot street, drainage and utility easements, a restrictive covenant shall be submitted which calls out restrictions for lot owner use of these easements. Retaining walls and change of grade shall be prohibited within these easements as well as fences, earth berms and mass plantings. J. City Fire Department needs to comment on the plat's street names. The street names are approved. K. The plat consists of lots that contain under 6,000 sq. ft., the minimum lot standard of the SF-6 district. The Cluster Development option in the Subdivision Regulations require that any reduction in lot size is offset by the provision of permanent open space. The Applicant has indicated that the amount of open space provided in the Reserve A (42,088 sq. ft.) exceeds the cumulative total reduction in lot area (13,684 sq. ft.). In accordance with the Subdivision Regulations, the Applicant shall submit specific area calculations for each such lot. L. The MAPC Policy Statement regarding Cluster Development states that each open space area shall be a minimum of 10,000 square feet and that no lot reduced in area shall be more than 500 feet from the nearest open space area. Lots 24, 43 and 44, Block 1 are not located within the required 500 feet from Reserve A. A modification from this design standard has been approved by the Subdivision Committee. M. In addition to the standard restrictive covenant required per Item D above, the Subdivision Regulations require the submittal of a restrictive covenant addressing the Reserves associated with the clustering development. The covenant shall ensure that the open space will not be further subdivided in the future, that the use of open space will continue in perpetuity, and that the common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee. N. The applicant is advised that the side yard setback may be reduced to 10 feet through cluster development. O. In accordance with the Subdivision Regulations, maintenance/emergency access easements shall be platted for development of the zero lot line dwellings. The easements shall be a minimum of five feet in width and referenced in the plattor's text with the language as specified in the Subdivision Regulations. P. The applicant shall guarantee the paving of the proposed interior streets. The guarantee shall also provide for sidewalks along one side of continuous non-cul-de-sac streets. Q. Lot 7, Block 1 exceeds the maximum lot width to lot depth ratio of 2.5 to 1. A modification has been approved by the Subdivision Committee. R. The plat does not meet the minimum standards adopted by the Kansas State Board of Technical Professions (Regulation #66-12-1, K.S.A. 74-7037): Plat or Certificate of Survey, item #3, #4, #5, #6, and #10. S. The applicant proposes to tie together Lot 45, Block 1 by restrictive covenant with the adjoining Evangel Assembly of God Addition. This covenant will need to be provided since the lot is currently landlocked. T. The 15-ft drainage and utility easements adjacent to the 32-ft rights-of-way need to also be labeled as street easements. U. Lots 19, 24, and 44, Block 1 have missing dimensions. V. The easements on Reserves A and B need to be labeled. W. The legal description needs to be revised as follows: Line 2, (N89',44"W) needs changed to (S89°59'44"E). Line 10 (N44°23'18" E) needs changed to (N44°23'18"W). Line 16 (being north of) needs changed to (being west of). X. Based upon the platting binder, property taxes are still outstanding. Before the plat is scheduled for City Council consideration, proof shall be provided indicating that all applicable property taxes have been paid. Y. 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. Z. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) AA. 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. BB. 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 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. CC. 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. DD. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. EE. Perimeter closure computations shall be submitted with the final plat tracing. FF. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. GG. 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. KGE has requested additional easements. HH. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. ------------------------------------------------ 2/5. DED2001-01 – Dedication of a Utility Easement for property located on the south side of Central, west of Ridge Road. LEGAL DESCRIPTION: A 20-wide sewer easement being 10' left and right of the following described centerline: That part of Lot 4, Block K, Meadowview Estates, an Addition in Sedgwick County, Kansas, described as commencing at the SE corner of said Lot 4; thence west along the south line of said Lot 4, 235.51' to the P.C. of a curve to the left, having a radius of 1080'; thence westerly along said curve and through a central angle of 3° 58' 52", an arc distance of 75.04' for a place of beginning; thence northerly along a line radial to said curve, 10' for a point of termination. PURPOSE OF DEDICATION: This Dedication is a requirement of Lot Split No. SUB 2000-125 and is being dedicated for construction and maintenance of public utilities. Planning Staff recommends that the Dedication be accepted. ----------------------------------------------------------------- 2/6. SUB2001-02 - Preliminary Plat of SILVERCREEK ADDITION, located on the northwest corner of 23rd Street South and 231re Street West. A. Since neither municipal water nor sanitary sewer is available to serve this property, the applicant shall contact the Environmental Health Division of the Health Department to find out what tests may be necessary and what standards are to be met for approval of on-site sewerage facilities and water wells. A memorandum shall be obtained specifying approval. B. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. C. County Engineering needs to comment on the status of the applicant's drainage concept. A drainage plan is required to be submitted which includes terraces. Cross-road culverts should be shown. The applicant shall coordinate the removal or modification of terraces with NRCS. D. County Engineering needs to comment on the access controls. The plat proposes two joint access openings along 23rd St. South, and two joint access openings along 231st St. West. The complete access control proposed along 231st St. West needs to be labeled. E. It is recommended that the applicant plat a 70-ft right-of-way along the south line of Lot 5, in order to provide internal access to Lots 1 through 4 in addition to creating a street connection between this plat and the adjoining property. Complete access control would be required along 23rd St. South. A guarantee for the installation of the internal street to the suburban street standard would also be required. F. In lieu of Item E, the applicant shall provide a 70-ft contingent dedication of street right-of-way between Lots 5 and 6 or Lots 7 and 8 in order to provide potential street connection between this plat and adjoining property. The contingent dedication shall be referenced in the plattor's text. G. The dedication of street right-of-way shall be referenced in the plattor's text. H. The joint access openings shall be established by separate instrument. Initial construction responsibilities and future maintenance of the driveway within the easement should also be addressed by the text of the instrument. I. The lots exceed the maximum lot width to lot depth ratio of 2.5 to 1. A modification will need to be approved by the Subdivision Committee. K. The legal description has not been provided. L. 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. M. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. N. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) O. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. P. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (Phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. Q. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. R. The owner of the subdivision should be aware of the fact that the development of any subdivision greater than five (5) acres in size may require an NPDES Storm Water Discharge Permit from the Kansas Department of Health and Environment in Topeka. Further, on all construction sites, the City of Wichita requires that best management practices be used to reduce pollutant loadings in storm water runoffs. S. Perimeter closure computations shall be submitted with the final plat tracing. T. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. U. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. V. The applicant is reminded that a disk shall be submitted with the final plat tracing to the Planning Department detailing this plat in digital format in AutoCAD. This will be used by the City and County GIS Department. Osborne-Howes arrived at the meeting at 1:20 p.m. NEIL STRAHL, Planning staff "This is an appeal, up to now, of the preliminary plat of the Silvercreek Addition. The preliminary plat was reviewed by the Subdivision Committee. The plat is located in the County in the northwestern corner of 23rd Street South and 231st Street West. It is a 40-acre site zoned 'RR' Rural Residential. The applicant proposes 8 lots, 4 lots on the east side of the plat along 231st Street West and 4 lots on the south side of 23rd Street South. Each lot contains approximately 5 acres. At the Subdivision Committee meeting staff had recommended eliminating these multiple openings onto the section line road in accordance with both our Comprehensive Plan and our subdivision regulations. A development of an internal street system with a right-of-way, located right here (indicating) along the northern line of the southern lots would be recommended to promote an orderly pattern of development. The applicant objected to providing such an internal road and also objected to providing contingent right-of-ways that staff suggested could be located either here or here (indicating) for connections to the west where there is currently is undeveloped land. So, due to the applicant's objections, in addition to the excessively narrow lots, which violate our Subdivision regulations, the Subdivision Committee voted unanimously to deny the plat. The applicant is here today and has appealed the decision. That concludes staff's comments." MICHAELIS "Are there any questions for staff?" JOHNSON "So there is no additional information since the Subdivision Committee meeting? Has there been any other discussion with the applicant?" STRAHL "The applicant has briefly met with me today and suggested that he would like to have the denial reversed to a deferral to allow him to redesign the plat. My understanding is that at this point, he may be receptive to installing the requested street." MICHAELIS "Okay, thank you. Are there any further questions of staff? Thank you, Mr. Strahl. Could we hear from the applicant?" RAY HODGE "I am an attorney here in town. For the last 30 plus years, my wife and I have owned 240 acres at that location, and we lived on it. Early last year, I developed severe health problems that mandated that we move into the city where the property would be taken care of from the outside of the home outward, which meant lawn mowing and taking care if it. We elected then to sell the land. Most all of the land has been sold off with the exception of the original home site. This was originally two 20-acre plots. There were 40 acres there and I planned to sell it in 20-acre plats. The church asked for a grant of land for a contribution and I gave them a 20-acre tract of land, but it didn't come out of this here. People came to me and asked for the opportunity to buy 5 acres so that they could have a horse and be out in the country. So reluctantly, I asked Mr. Bishop to assist me in drawing these. At the time I was under the impression that you had to have a full 5 acres and I resisted the road. I resisted the road because of another problem that I think. You know gasoline and diesel fuel is extremely high. What I had planned was that each lot would be served by one entrance. There is already an entrance to the field down here, so we would only be gaining one entrance to 231st Street. On 231st Street, there are only 6 residence openings in a full mile, so we are talking about adding one more drive in an entire mile. It is a country setting, it lies between Goddard and Garden Plain. I have talked to the Chairman of the Goddard Planning Commission and they find no objections to the plan at all. There are already two entrances here on 231st Street. So my plan was to utilize the two entrances that are there. I would oppose developing land, which would be inverse condemnation, to come back here to a land that I just sold. I don't think they want to develop the land, but I certainly don't want to be compelled to give land that I own to someone else to develop and use. This is only 700 feet because it is only $5,000 or $6,000 to put the road in, which is trivial. It is not the cost of it, gentlemen; what I am telling you is that I think that the cost to maintain this road when I build it to county standards for a millennium when gas is so high, is outrageous. What do we gain? You gain the lack of one entrance over here (indicating). That is all you gain. Now why the narrow lots? I checked and your regulations have not been enforced equally. In other words, you have approved lots similar to this. You have approved lots that measure 200 feet. This measures 272 feet. The reason for the narrow lots is because it fits the land. But there is another reason for that. If a person wants to raise horses, what do they do with them--and you are permitted on 5 acres way out in the country—they put them on the back of the lot. A narrow lot is desired. I took exception to the denial and I will continue to take exception to any denials. I am asking you to approve the plan the way we submitted it. If you can't do that, then the alternative is to remand it back for us to attempt some re- design. But folks, if we look at the cost of gasoline and oil to maintain 700 foot of road and put it on the county, I don't know why the county doesn't throw a fit. Now, I assume that some of these other restrictions in here have been bypassed, like putting in a fire hydrant. There is no water out there. When I was a kid, my uncle wanted everybody to think he had some money so he took a pipe and drove it into the ground and put a faucet on it so everybody would think he had running water. He didn't. That is what I would have to do with your fire hydrant. I would just simply have to drive it in the ground because there is no water there. The only water they can get is through a drilled well. Are there any questions? You are gaining no entrances or exits. There is already two here, so there are no additions or subtractions to my original plat. There is an entrance on the corner that I have locked up because the people would drive down it and make a lovers' lane out of it. So we would just be putting one less strip on 23rd Street South. Again, that would make 7 entrances in an entire mile. It is an unpaved road. Do you have any questions?" MICHAELIS "Are there any questions for Mr. Hodge?" GAROFALO "Mr. Hodge, would you point out exactly where the openings are, and are there dirt roads or something going in? You just said something about openings." HODGE "On 231st Street, I had an opening here (indicating), an opening up here and an opening approximately right in here. Mr. Bishop, is that about right, to the field?" BISHOP "To the best of my knowledge." HODGE "These already have driveways in them. What I would do is I would use one driveway through here (indicating) and the other driveway for here. So you would be adding no new driveways. In fact, I think you would technically be creating three. You would have two that were already there, plus one, and then down here, of course, you would have none (indicating), but there is already one here. Since that is already one, that is there. I would be moving this over to here for one driveway that serves two lots. You see, both lots are served as this driveway and both lots are served as this driveway. So on 23rd Street South, we would be adding one additional roadway because there is already one there. We would be adding one additional roadway to 23rd Street South." JOHNSON "How do you propose to get to that second lot from the top there?" HODGE "There will be a driveway serving this lot and this lot (indicating)." JOHNSON "I thought you said the driveway was at the top." HODGE "I will just move it down one." JOHNSON "Okay." HODGE "I will take it out and move it down one. The City's original plan is to have this entrance here, (indicating) this entrance here, and this entrance here. So the City's plan would add another driveway into 231st Street West. I took exception to it because of the cost of maintaining the road predominately. I also took a little bit of exception to it because I thought you had to have 5 acres to put it in. Mr. Bishop told me that it was 4-1/2 acres to meet the requirements. This would take 4-1/2 acres." MICHAELIS "Are there any further questions for Mr. Hodge? Thank you. Is there anyone else in the audience that would like to speak in favor of this? Is there anyone who would like to speak in opposition to it? Seeing none, we will bring it back to the Commission." LOPEZ "Marvin, what is your opinion to what you have just heard?" KROUT "Neil, you were at the Subdivision Committee meeting. I know that if you built that street, I would assume that you would be removing one of the access points, the one that is immediately to the north, so I don't think that there would be 3 access points along 231st Street, would you want to chime in on this?" STRAHL "The biggest advantage to our scheme is that you would be eliminating all of the access points along the street to the south with access from the new internal street. You would have these 4 lots accessing and also a lot to the north. It is true, you would actually be adding an additional opening with a new street because the proposal was for a joint access for these two lots and another joint access right here. So actually, there would be an additional opening for the new street which you are gaining by having no access at all to the south." KROUT "I guess the other point is that you are providing access to the interior of the section and I think that someday that interior is going to subdivide, and so even though the street looks like it is not going anywhere today, it will probably be, at some point, the fastest and easiest way to get out from the interior of the section line out to a mile line road. So eventually, there is going to have to be a road and access that is going to have to be built to allow the subdivision a further lot to the interior." MICHAELIS "Are there any other questions of staff?" GAROFALO "I have a question of Mr. Hodge." MICHAELIS "Mr. Hodge, can you come back up?" GAROFALO "Neil mentioned that you were asking for a deferral so that you could work something out on the road. On which road?" HODGE "I gave him a plan that was drawn up that would put the road in here (indicating). I showed him to see if that would help comply with what the Subdivision Committee wanted. I just sold some land. That is this land back in here. They have a roadway north of my land back to their land. So I see no need of this and this (indicating) because there is already an existing road up there." MICHAELIS "Does that answer your question, Mr. Garofalo?" GAROFALO "I guess, but I am not clear if you are asking for a deferral or not." HODGE "Well, I am asking for one of two things, sir. I am asking that you approve my plan the way I submitted it, and if you can't approve my plan, then defer it so that we can try to work something out." HENTZEN "Talking about that road, the cul-de-sac there. That would be a township road and not a county road, wouldn't it?" KROUT "Township road." HENTZEN "And the township roads don't have to have blacktop on them, right?" KROUT "That is right. It can be gravel." WARREN "We have spent a lot of time here talking about roads, road systems, access from the main roads versus an interior road, but actually what I heard from the Subdivision Committee was an objection to this 272 x 800. I would agree with Mr. Hodges that those kind of plats have been approved in the past. Several of them. And I would agree that for the most part, they are a mistake. Once we recognize this type of error in platting and planning, I see no reason why we have to continue on with it. He is right, there are a few people that would like to have a long, narrow lot for horses, but there are a lot of other people that get a long, narrow lot only because they need 5 acres and they don't take care of the back end of it, and it becomes an eyesore to the whole community. What I heard in that meeting was a lack of support to approve the 2-1/2 to 1 ratio for these lots and advise you to go back and redesign these lots so they don't have this long, narrow concept. That is what I heard more objection to than I did egress/ingress, access, or road system. In fact, I made the motion to that effect." MICHAELIS "Are there any other comments?" PLATT "We have heard the comment about the importance of providing roads to serve these lots, which I think are terribly important because certainly in 30 or 40 years, I can anticipate that the area in the center of this quarter section is going to be developed. And not to start to create an orderly system of streets to service it is going to produce a mess in the future. I would simply add to that that I think we can also anticipate that these lots, also at some time in the future, will be subdivided and so we have to be thinking about how we are going to provide a street system to service them. On that basis, I think that the plat is not at all envisioning an orderly development of agricultural land into urban land. That is what we must insist on." MICHAELIS "Are there any further comments?" HENTZEN "I would like to ask, how far is this from Garden Plain and how far is it from Goddard? How many miles." HODGE "It is about equal distance between Goddard and Garden Plain." HENTZEN "About how many miles?" HODGE "I would say about 2-1/2 miles from Goddard and 2-1/2 miles from Garden Plain. I am in the Goddard zone of influence. They have no objection. This is all rural." MICHAELIS "Okay. If there are no further comments, what is the pleasure of the Commission." MOTION: That the item be deferred back to Subdivision to give the applicant and staff a change to work out the differences. MARNELL moved, HENTZEN seconded the motion, and it carried unanimously (10-0). ----------------------------------------------------------------------- 3. Public Agenda: James Mendenhall presentation regarding future highways linking Wichita to other National and International regions. MICHAELIS "Mr. Mendenhall, you may address the Commission." Mr. Mendenhall presented a concept to create a new highway in Kansas. His proposal involves a route that would provide a half circle bypass west of Wichita, linking the Turnpike with K-96 north of town. Next, K-96 would be upgraded to Hutchinson with a similar bypass there. Finally a green-field 6-lane highway would be constructed to reach Big Springs, Nebraska and access I-80. Further, new rail and pipelines (oil, gas, water, fiber optic and electricity) would be run adjacent to the large pathway. Special consideration will be given to truck traffic and the wireless nature of communications that will be state-of-the art. According to Mr. Mendenhall, this highway concept would build upon the unique geography of Kansas to join the rapidly growing regions of the Gulf Coast with the Pacific Northwest. The trip would save 100 miles between Dallas and Cheyenne. Many Kansas counties will have new economic development opportunities directly, and others will benefit from increased freight traffic north of Oklahoma City to Kansas City and the nations' Northwest. He stated that a plan may be studied by KDOT if a bill can be supported and funded by the legislature this term. With a good study, the next Federal Highway bill will come in two years, and funding might be considered then. It is important that the future value to Kansas of this National route be expressed to the Senate and House of Representatives. As a result of this intermodal arrangement, a National air cargo hub could become more likely at Wichita requiring a large building effort in the near future. Mr. Mendenhall encouraged the Planning Commission to support this plan in the interest of jobs and economic growth of the region. ----------------------------------------------------------- JERRY MICHAELIS, Vice-chair, read the following zoning procedural statement which is applicable to all City of Wichita zoning cases: Before we begin the agenda, I would like to take this opportunity to welcome members of the public to this meeting of the Metropolitan Area Planning Commission. Copies of the agenda for today's meeting, the public hearing procedure, and copies of staff reports on zoning items are available at the table nearest to the audience. The Commission's bylaws limit the applicant on a zoning or subdivision application and his or her representative(s) to a total of ten minutes of speaking time at the start of the hearing on that item, plus up to two minutes at the conclusion of that hearing. All other persons wishing to speak on agenda items are limited to five minutes per person. However, if they feel that it is needed and justified, the Commission may extend these times by a majority vote. All speakers are requested to state your name and address for the record when beginning to speak. When you are done speaking, please write your name and address, and the case number, on the sheet provided at the table nearest to the audience. This will enable staff to notify you if there are any additional proceedings concerning that item. Please note that all written and visual materials you present to the Commission will be retained by the Secretary as part of the official record. If you are not speaking, but you wish to be notified about future proceedings on a particular case, please sign in on that same sheet. The Planning Commission is interested in hearing the views of all persons who wish to express themselves on our agenda items. However, we ask all speakers to please be as concise as possible, and to please avoid long repetitions of facts or opinions which have already been stated. For your information, the Wichita City Council has adopted a policy for all City zoning and vacation items, which is also available at the table with the other materials. They rely on the written record of the Planning Commission hearings and do not conduct their own additional public hearings on these items. ------------------------------------------------------------------------------------ 4. PUD2001-00001 PUD #4- Envision Amendment #1 - Envision c/o Linda Merrill, CEO and Bob Faris, Secretary (Owner); Evans Building Company, Inc., c/o Bill Johnson (agent); Baughman Company, P. A. c/o Russ Ewy (agent) request to amend PUD #4 Envision to combine development into one parcel, eliminate residential uses, increase non-residential building area and adjust manufacturing uses on property described as: Lots 1 and 2, Block A, Envision Addition, Wichita, Sedgwick County, Kansas. Generally located on the northwest corner of Pawnee and Water. DONNA GOLTRY, Planning staff, pointed out land use and zoning; and showed slides of the general area. She reviewed the following staff report: The applicant is proposing to amend PUD #4 Envision to allow expansion of its current rehabilitation and training center for persons with low-vision and who are blind and other persons with physical or mental handicaps that are unable to drive. This center is located on the northwest corner of Pawnee and Water Street. The PUD was originally approved for the rehabilitation/training center on Parcel 1 and associated residential uses on Parcel 2. There is an existing 78,000 square foot building on Parcel 1, but the residential uses on Parcel 2 have not been developed. The proposed amendment would combine Parcels 1 and 2 into a single parcel and eliminate residential uses. Total building area for the rehab/training center would be increased to 126,215 square feet, for a 30% building coverage. The proposed addition would be situated along the western portion of the existing building and extend southward toward Pawnee. As shown on the proposed PUD development plan, the expansion would maintain a generous setback of approximately 190 feet, significantly more than the required 100-foot setback. The building would be approximately 30 feet from the western property line, which complies with the existing setback on the west of 25 feet. The applicant proposes to expand the types of uses associated with the rehabilitation and training center. Specifically, the amendment would allow a retail center within the building for the sale of specialty products for persons with low-vision or who are blind. Also, it would expand the permitted types of to include "limited metal fabrication", plus allow that additional uses similar in nature and intensity to these existing uses could be added by administrative adjustment. Several minor changes also have been incorporated into the revised PUD development plan. Emergency access to Wichita Street is eliminated since the site already has two points of access on Water Street. Public Works had previously approved the removal of this emergency access on Wichita Street. The screening requirement on the north property line was shifted from a wrought iron fence to a six-foot masonry wall, which is the type of screening already installed by Envision. A gazebo is planned for the southwest corner of the property, as a part of a sensory nature trail for the clients working and training at the center. No additional parking is proposed. Parking needs are low since the clients do not drive. During a recent site inspection, approximately 25 % of the parking spaces were vacant. The surrounding area is developed with single-family dwellings on the north, east, and northwest. The Greenway Park Apartments, an apartment complex, are located directly west of the proposed building expansion area. Herman Hill Park is located to the south of Pawnee. CASE HISTORY: The Wichita City Council approved Envision Planned Unit Development #4 on November 24, 1998. MAPC approved the exterior building materials on August 26, 1999. The property is platted as Envision Addition, recorded June 24, 1999. ADJACENT ZONING AND LAND USE: NORTH: "TF-3" Single-family residences EAST: "TF-3" Single-family residences SOUTH: "TF-3" Herman Hill Park WEST: "MF-29" and "TF-3" Apartments and single-family residences PUBLIC SERVICES: Transportation access is via Pawnee, a four-lane arterial street. In 1997, average daily trips on Pawnee were 21,361. Traffic is projected to increase modestly to 23,255 daily trips in 2030. Most clients traveling to the site use bus service. Other municipal services are available. CONFORMANCE TO PLANS/POLICIES: The Wichita Land Use Guide in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan shows the site as "public/institutional". The expansion of the building would be in conformance with the land use guide. The area is designated as a "revitalization" area on the Wichita Residential Area Enhancement Strategy Map of the Comprehensive Plan. RECOMMENDATION: Based on the information available prior to the public hearing, Staff recommends the application be APPROVED subject to the following conditions: 1. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 2. The transfer of title of all or any portion of the land included within the Planned Unit Development does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon the present owners, their successors and assigns, unless amended. 3. The applicant shall submit 4 revised copies of the PUD. to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The property is already approved as a Planned Unit Development for a rehabilitation and training facility with similar manufacturing activities allowed within the center, but also for associated residential use. The surrounding property is zoned "TF-3" Two-Family Residential and developed with single-family homes on the east, north and northwest. Apartments, zoned "MF- 29", are located to the west. Herman Hill Park, zoned "TF-3" is to the south. 2. The suitability of the subject property for the uses to which it has been restricted: The property could be developed as approved by the existing PUD. This would limit the expansion of the main rehabilitation and training center, therefore limiting the expansion of training and employment opportunities to persons with low- vision or who are blind or with other physical or mental disabilities but who do not drive. Unless the amendment is approved, the northeast parcel (Parcel 2) of the existing PUD would be restricted to residential use. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The location of the expansion on the west and south of the existing structure is nearest the apartments on the west and Herman Hill Park. The western property line already is screened and buffered by a six-foot masonry wall and landscaping. The expansion should not significantly impact the single-family residential areas to the northwest, north and east other than by a slight increase the number of potential clients traveling to the site, primarily by bus transportation. 4. Length of time the property has remained vacant as zoned: The property has been developed during the past two years with a rehabilitation and training center that includes manufacturing (limited to certain types) and warehousing activities. Parcel 2, the residential parcel, has remained vacant. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The Comprehensive Plan shows the property for public/institutional use, which is in conformance to the requested amendment. The development of this property provides an institutional use across Pawnee from a parks and recreation use, Herman Hill Park. While residential uses are in close proximity to the property on the north, east and west, the limitations of the PUD reduce conflicts with the adjacent residential areas. 6. Impact of the proposed development on community facilities: The site will have a limited impact of increased traffic, primarily buses, bringing clients to the site. Other municipal services already are extended to the site. JOHNSON "I will be abstaining on this item, as I have a conflict of interest." DONNA GOLTRY, Planning staff "This case is a request to amend the Envision Planned Unit Development (PUD). Envision is a Planned Unit Development to serve clients primarily with low vision, or who are blind with rehabilitation and training services. It is located on the northwest corner of Pawnee and Water Streets. The application is to expand the existing training facility that is located on the site. They currently have about a 78,000 square foot building and originally it was platted as two lots. The lot where the building is located was Lot 1 and there was a second lot, Lot 2, which was originally envisioned as being for residential units. The nature of this application is to eliminate the residential component and instead to allow expansion of the existing building to the west and to the south, toward Pawnee. In addition to that request, they have a few other minor changes that they would like to incorporate within the Planned Unit Development. One is to allow a retail center within the building for the sale of specialty products to persons of low vision or who are blind. A second is a clean-up type item; that is that originally they were required to have emergency access from Wichita Street. The need for that has been eliminated. It has already been agreed to by Public Works previously, so that has been incorporated into the revised PUD drawing. Thirdly, the screening requirement was originally for a wrought-iron fence along the north and now they would like to have it be a screening wall, which is what they have in place. Fourth, they would like to be able to have a gazebo south of the building, between the building and Pawnee. This gazebo will be incorporated within a sensory walking path that they would used for the people with low vision. Also, I would note that there is no additional parking that is incorporated within the request because due to the nature of the clientele, they have a fairly low parking demand. Most of the clients travel to the site by bus. When I did a site inspection and counted parking spaces, I found at least a 25% vacancy rate the day I was there, so it did appear that there was ample parking. We find it to be in conformance with the Comprehensive Plan for public institutional uses and recommend approval of the PUD, subject to the PUD drawing you have attached with one slight correction that I will point out to you, and subject to findings in the staff report. I would like to also point out that there is one part of the development plan that would be General Provision No. 14, which still incorporates some language, talking about Parcel 2. That sentence should be stricken since there would no longer be a Parcel 2. The surrounding area is zoned 'MF-29' to the west of the site. To the west are the Greenway Apartments, and then to the northwest there are single-family homes that are on the other side of the existing screening wall. Directly to the north are some more single-family homes. To the northeast is single-family housing. There is quite a berm between this building and Pawnee. It is pretty well sheltered. On the south façade are the dock areas, and there are houses across the street. I did omit one other change that they have requested, and that is that when the PUD was originally approved, it allowed a few types of limited manufacturing activities. They have asked for the addition of one more type of limited manufacturing activity and that would be limited metal fabrication. I will stand for any questions." MICHAELIS "Are there any questions of staff?" GAROFALO "Ms. Goltry, the expansion won't eliminate a bunch of trees or anything, will it?" GOLTRY "No. The very first slide I showed you where there is a grassy area, that is where the majority of the expansion is going to be. They are still required to have a 20-foot buffer of trees, according to their landscape plans, and according to the PUD. They are going to be set back about 33 feet from the property line on the west." MICHAELIS "Are there any further questions? Thank you, Ms. Goltry. Could we hear from the applicant, please?" RUSS EWY "I am with the Baughman Company, the agent for the applicant. Also in attendance is Linda Merrill, and Bob Faris of Envision, if you have any questions to direct to them. Donna did a pretty thorough job in the staff report and in her discussion of what we are trying to accomplish here with this expansion. The expansion will bring the total site building area to just over 110,000 square feet. As proposed, I think we are not trying to increase the use to anything that would be out of the ordinary or not in keeping with the intensity of the existing operations. I think it is a nice expansion of a very good use for the City. I think if you have ever had the opportunity to drive out and look at the property that you understand that it is developed in a first-class manner. Not to take up too much of your time being that the staff report was pretty thorough, I will stand for any questions that you may have." WARREN "Maybe this is more for Marvin. When you do this, do we modify an existing PUD or do we just file a new PUD?" KROUT "It is modifying the existing PUD. And just like an amendment to the CUP, it stops at this point unless a new ordinance is required. Isn't that right Dale, it doesn't have to go to the City Council?" MILLER "This is a zoning issue. It would have to go to the City Council." KROUT "Okay, so it is a new ordinance." WARREN "So the major modification is increasing the building size to 126,000 feet to include the metal fabrication." KROUT "To widen the uses that are permitted." BARFIELD "I am just curious. Why are we eliminating the residential portion of this?" EWY "I think that was something that had been planned, and if I am wrong, perhaps Ms. Merrill can correct me. I think when we worked on this in the fall of 1998 that there had been preliminary plans on perhaps having some of their clientele living on site, just to make their trip to work or trip for therapy a little more convenient. Due to the size of the property at that time, and really without knowing how well this was going to be received, I think that they had just worked on an idea that they would use the northern portion, at that time, the unused northern portion for perhaps this residential component. As it turned out, that never came to fruition, and I think as you are seeing here through this amendment, they are needing that tract of land to be expanded for the rehabilitation and training services. So, I think it was just an idea that never came to see the light." LOPEZ "Can you define limited metal fabrication? What does that entail?" EWY "I probably can't define it as well as Marvin and Kurt can in the future, but again, we felt that the predominant manufacturing uses with plastics-type products, they had seen perhaps a potential to expand their limited manufacturing to used materials that are not simply plastic materials. So they had a concern that at some point that they were going to expand their operations to involve manufacturing or the assembling of something as simple as requiring nuts and bolts perhaps. There will be no type of metal fabrication as we have seen with the aircraft industry or anything like that. It would be metal fabrication in support of or as a part of a larger plastic manufacturing type of operation." MICHAELIS "Are there any further questions? Thank you, Mr. Ewy. Is there anyone in the audience who would like to speak on this issue? Seeing none, we will bring it back to the Commission. " MOTION: Having considered the factors as contained in Policy Statement No. 10; taking into consideration the staff findings (The zoning, uses and character of the neighborhood: The property is already approved as a Planned Unit Development for a rehabilitation and training facility with similar manufacturing activities allowed within the center, but also for associated residential use. The surrounding property is zoned "TF-3" Two-Family Residential and developed with single-family homes on the east, north and northwest. Apartments, zoned "MF-29", are located to the west. Herman Hill Park, zoned "TF-3" is to the south. The suitability of the subject property for the uses to which it has been restricted: The property could be developed as approved by the existing PUD. This would limit the expansion of the main rehabilitation and training center, therefore limiting the expansion of training and employment opportunities to persons with low-vision or who are blind or with other physical or mental disabilities but who do not drive. Unless the amendment is approved, the northeast parcel (Parcel 2) of the existing PUD would be restricted to residential use. Extent to which removal of the restrictions will detrimentally affect nearby property: The location of the expansion on the west and south of the existing structure is nearest the apartments on the west and Herman Hill Park. The western property line already is screened and buffered by a six-foot masonry wall and landscaping. The expansion should not significantly impact the single-family residential areas to the northwest, north and east other than by a slight increase the number of potential clients traveling to the site, primarily by bus transportation. Length of time the property has remained vacant as zoned: The property has been developed during the past two years with a rehabilitation and training center that includes manufacturing (limited to certain types) and warehousing activities. Parcel 2, the residential parcel, has remained vacant. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The Comprehensive Plan shows the property for public/institutional use, which is in conformance to the requested amendment. The development of this property provides an institutional use across Pawnee from a parks and recreation use, Herman Hill Park. While residential uses are in close proximity to the property on the north, east and west, the limitations of the PUD reduce conflicts with the adjacent residential areas. Impact of the proposed development on community facilities: The site will have a limited impact of increased traffic, primarily buses, bringing clients to the site. Other municipal services already are extended to the site.) I move that we recommend to the governing body that the request be approved, subject to the following: 1. Any major changes in this development plan shall be submitted to the Planning Commission and to the Governing Body for their consideration. 2. The transfer of title of all or any portion of the land included within the Planned Unit Development does not constitute a termination of the plan or any portion thereof, but said plan shall run with the land and be binding upon the present owners, their successors and assigns, unless amended. 3. The applicant shall submit 4 revised copies of the PUD. to the Metropolitan Area Planning Department within 60 days after approval of this case by the Governing Body, or the request shall be considered denied and closed. HENTZEN moved, GAROFALO seconded the motion, and it carried unanimously (9-0). Johnson abstained. Anderson, Carraher, McKay and Warner were not present. ----------------------------------------------------------------- 5. CON2001-00001 - Ascension Lutheran Church (Owner/Applicant) Baughman Company, PA, Phil Meyer (Agent) request a Conditional Use to allow for a day care center and preschool, on property described as: The East 400 feet of the North 1089 feet of the Northwest Quarter, Section 25, Township 27 South, Range 2 West of the 6th P.M., Sedgwick County, Kansas, except the North 30 feet for road. Generally located on the south side of Maple between 119th Street West and 135th Street West. DALE MILLER, Planning staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: The applicant, Ascension Lutheran Church, is requesting a Conditional Use to operate a "daycare, general" program on a platted [Ascension Lutheran Church 2nd Addition] 9.56-acre tract of land. The tract is currently undeveloped although there has been some grading on the site. The applicant plans to construct a new building (see attachment). This property is zoned "SF-6" Single-Family Residential and is located on the south side of Maple between 119th Street West and 135th Street West. There is one access point along the south side of West Maple to the application area. According to the applicant, 125 parking slots are required by the Unified Zoning Code (UZC). There are, however, 142 parking slots depicted on the site plan (see site plan). The Unified Zoning Code (UZC) defines "daycare, general" as "an establishment that provides care, protection, and supervision for more than 10 individuals at any one time, including those under the supervision or custody of the day care provider and those under the supervision or custody of employees." The Ascension Lutheran Church is seeking to operate a daycare program that would serve approximately 60 infants and children up to age six. Additionally, a half-day preschool program (a.m. & p.m.) would operate with four classrooms with a maximum of 80 children. The hours of operation will be from 7 a.m. until 6 p.m. The daycare program will be housed in the eastern portion of the building. The office and gymnasium will be in the center of the building. The preschool, with the four classrooms, will be in the western portion of the building. The playground will unlighted and located to the rear and southwest of the building. The site plan depicts two baseball diamonds at the southern end of the application area. In the surrounding area, there are residential houses to the east, south, west and north, across West Maple. The applicant will need to screen and provide landscape buffers in order to comply with licensing regulations for daycare and the screening requirements in the Uniform Zoning Code. The Church's Reverend and Pastor have met with the following Home Owners Associations: a) Rainbow Lakes; b) Auburn Hills; and c) Maple Valley. The informational meetings were held in order to describe the project and respond to questions or concerns. CASE HISTORY: The property was platted as the Ascension Lutheran Church 2nd Addition on August 9, 1977. ADJACENT ZONING AND LAND USE: NORTH: "SF-6" Single-Family Residential Single-Family Residences EAST: "SF-6" Single-Family Residential Single-Family Residences SOUTH: "SF-6" Single-Family Residential Single-Family Residences WEST: "SF-6" Single-Family Residential Single-Family Residences PUBLIC SERVICES: West Maple, a two-lane arterial street, between 119th & 135th Streets West, had estimated traffic volumes in 2000 of 4,806 average trips per day (ADT's). The 2030 projections estimate 12,450 ADTs. Water and sewer services will be made available to the site. According to the City's 2000-2009 Adopted Capital Improvement Plan (CIP), West Maple, between 119th and 135th Streets West, will be reconstructed in 2001 to provide a four/five lane roadway. This area is experiencing rapid growth and development which is expected to continue at an even faster pace with the development of the new municipal golf course in this area. CONFORMANCE TO PLANS/POLICIES: The "Wichita Land Use Guide" in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for low-density residential use and parkland/open space. The application area is within the 10-Year Urban Service Area and also within the 30-Year Urban Service Area. The Plan considers schools, churches, and other similar uses as appropriate in low-density areas. RECOMMENDATION: The property will be developed in general conformance with the site plan approved by the MAPC or City Council. Based on the information available prior to the public hearing, and a site plan showing the location of the proposal daycare, general, MAPD staff recommends the application be APPROVED, subject to the following conditions: 1. The daycare, general, facility shall be developed in general conformance with the site plan, attached hereto and made a part of this application. 2. The daycare shall comply with all applicable building codes of the City of Wichita and with all licensing requirements of the Wichita-Sedgwick County Health Department. 3. The maximum number of children to be accommodated at any one time shall not exceed the licensed capacity, as determined by the appropriate licensing agencies. 4. A fenced playground shall be provided as required by the Health Department licensing regulations. Outdoor play by children under the supervision of the daycare facility shall be limited to the hours between 7 a.m. and 6 p.m. 5. The applicant shall submit a Landscape Plan that meets the requirements of the City's Landscape Ordinance for review by the Director of Planning. 6. On-site parking shall be provided for the daycare as required by the UZC, which currently is one space for each teacher and employee, plus one space for each vehicle used in the operation of the center, plus one space for each ten children beyond the first twelve. 7. Signs for the daycare shall be limited to those permitted in the "SF-6" Single-Family Residential District. 8. A loading area for the daycare facility shall be provided on-site as required by code. 9. Any violation of the conditions approved, as a part of this request, shall render the Conditional Use null and void. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: There are single-family houses located to the east, south, west and north, across West Maple, that are zoned "SF-6" Single-Family Residential. 2. The suitability of the subject property for the uses to which it has been restricted: The application area is undeveloped and zoned "SF-6." According to the UZC, single-family residential housing can be built on-site by right. A "Conditional Use" would allow operation of a daycare/preschool facility during the weekdays plus offer needed services to the neighborhood. 3. Extent to which removal of the restrictions will detrimentally affect nearby property. The only potential detrimental effect might be the outdoor play close to the residences to the east, south and west. The effect should be mitigated by screening and buffering, and by the depth of the residential lots. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The "Wichita Land Use Guide" in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for low-density residential use and parkland/open space. The application area is within the 10-Year Urban Service Area and also within the 30-Year Urban Service Area. The Plan considers schools, churches, and other similar uses as appropriate in low-density areas. 5. Impact of the proposed development on community facilities: The projected impact on traffic is minimal due to the low volume of potential traffic. According to the City's 2000-2009 Adopted Capital Improvement Plan (CIP), West Maple, between 119th and 135th Streets West, will be reconstructed in 2001 to provide a four/five lane roadway. This area is experiencing rapid growth and development which is expected to continue at an even faster pace with the development of the new municipal golf course in this area. Water and sewer service is adequate to handle the small demand generated by the "Conditional Use. MILLER "Good afternoon, Commissioners. This is a request for a Conditional Use to operate a day care general, which, under the Code is defined as an operation that would have 10 or more individuals in the day care facility. The application area is located sough of Maple, approximately half a mile east of 135th Street. It is a vacant tract today that is pretty much surrounded by platted and developing residential uses. The applicants indicate that they anticipate that they may have as many as 60 children there when they are fully operative. The size is 9.56 acres in size and they indicate that their hours of operation are expected to be 7:00 a.m. to 6:00 p.m. There is a site plan that is attached at the back of your staff report that shows how this is in association with a church. The day care would be located inside the church building that is shown in the shaded area on the site plan. There is also a rendering that is on the next expanded page that will give you some idea of how they anticipate that this church and facility would look. The day care is to be located inside the church, as I said. The Comprehensive Plan indicates that this area is appropriate for low density residential uses and park and open space areas. It is also located within the 10 year urban service area and the 30 year urban service area. Based on the number of residential lots platted in the area, obviously there are public services in the area. There shouldn't be an issue with respect to that. Staff is recommending approval, subject to the conditions found on Pages 3 and 4. They included these other things just to show you what could happen in the future at this point, at least how they anticipate the entire site might be used. I would be happy to answer any questions if I can." MICHAELIS "Are there any questions of staff? Thank you, Mr. Miller. May we hear from the applicant, please?" PHIL MEYER "I am with the Baughman Company, agent for the applicant. With me here today is the Reverend Scott Goltl with the Ascension Lutheran Church facility. They are the applicant on this particular case. The Ascension Lutheran Church is looking to expand its existing facility, or congregation to a second campus--kind of a western campus. They presently have a facility at Central and Tyler road. They plan on keeping that operation in tact and opening this facility here. This is going to be a church facility, it is going to operate as a church facility from Day No. 1. They are going to use the gymnasium for holding services until such time as they do a future expansion. We are here in front of you today to ask for a Conditional Use to allow a day care facility in conjunction with the rest of their development. That is the only use they are doing that is not allowed in the single-family zoning district and we would like the Conditional Use to allow that. We are in agreement with all 9 of the staff comments. We have no problem there. The Reverend will be here to ask any specific questions you guys might have. Other than that, we will both stand for questions." MICHAELIS "Are there any questions of Mr. Meyer? Thank you, Mr. Meyer. Is there anyone in the audience who wishes to speak in favor of this item? Is there anyone that wishes to speak in opposition? Seeing none, we will bring it back to the Commission." MOTION: Having considered the factors as contained in Policy Statement No. 10; taking into consideration the staff findings (The zoning, uses and character of the neighborhood: There are single-family houses located to the east, south, west and north, across West Maple, that are zoned "SF-6" Single- Family Residential. The suitability of the subject property for the uses to which it has been restricted: The application area is undeveloped and zoned "SF-6." According to the UZC, single-family residential housing can be built on-site by right. A "Conditional Use" would allow operation of a daycare/preschool facility during the weekdays plus offer needed services to the neighborhood. Extent to which removal of the restrictions will detrimentally affect nearby property. The only potential detrimental effect might be the outdoor play close to the residences to the east, south and west. The effect should be mitigated by screening and buffering, and by the depth of the residential lots. Conformance of the requested change to the adopted or recognized Comprehensive Plan and Policies: The "Wichita Land Use Guide" in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for low-density residential use and parkland/open space. The application area is within the 10-Year Urban Service Area and also within the 30-Year Urban Service Area. The Plan considers schools, churches, and other similar uses as appropriate in low-density areas. Impact of the proposed development on community facilities: The projected impact on traffic is minimal due to the low volume of potential traffic. According to the City's 2000-2009 Adopted Capital Improvement Plan (CIP), West Maple, between 119th and 135th Streets West, will be reconstructed in 2001 to provide a four/five lane roadway. This area is experiencing rapid growth and development which is expected to continue at an even faster pace with the development of the new municipal golf course in this area. Water and sewer service is adequate to handle the small demand generated by the "Conditional Use.) I move that we recommend to the governing body that the request be approved, subject to the following: 1. The daycare, general, facility shall be developed in general conformance with the site plan, attached hereto and made a part of this application. 2. The daycare shall comply with all applicable building codes of the City of Wichita and with all licensing requirements of the Wichita-Sedgwick County Health Department. 3. The maximum number of children to be accommodated at any one time shall not exceed the licensed capacity, as determined by the appropriate licensing agencies. 4. A fenced playground shall be provided as required by the Health Department licensing regulations. Outdoor play by children under the supervision of the daycare facility shall be limited to the hours between 7 a.m. and 6 p.m. 5. The applicant shall submit a Landscape Plan that meets the requirements of the City's Landscape Ordinance for review by the Director of Planning. 6. On-site parking shall be provided for the daycare as required by the UZC, which currently is one space for each teacher and employee, plus one space for each vehicle used in the operation of the center, plus one space for each ten children beyond the first twelve. 7. Signs for the daycare shall be limited to those permitted in the "SF-6" Single-Family Residential District. 8. A loading area for the daycare facility shall be provided on-site as required by code. 9. Any violation of the conditions approved, as a part of this request, shall render the Conditional Use null and void. BARFIELD moved, WARNER seconded the motion, and it carried unanimously (10-0). -------------------------------------------------------- 6a. ZON2001-00002 - L&D Real Estate (Owner); Dan Claassen (Agent/Lessee/option to purchase) request zone change from "RR" Rural Residential to "GC" General Commercial; and 6b. CON2001-00002 - L&D Real Estate (Owner); Dan Claassen (Agent/Lessee/Option to purchase) request a Conditional Use for agricultural sales and service on property described as: That part of the SE 1/4 of Sec. 11, Twp. 26S, R2E of the 6th P.M., Sedgwick County, Kansas, described as commencing at the S.E. Corner of said SE 1/4; thence with an assumed bearing of N 01 degrees 07' 48" W, along the east line of said SE 1/4, 495.14 feet; thence S 88 degrees 52'12"W, 30 feet to a point on the west line of 143rd Street East as established by Condemnation Case No. 95C-1132 for a place of beginning; thence S 18 degrees 09' 36"W, along said right-of-way, 105.95 feet; thence S 01 degrees 07'48"E, 280 feet to the north line of State Highway 254 as established by Condemnation Case No. 95C-1132; thence S 78 degrees 46'04"W, along said right-of-way, 138.30 feet; thence S 89 degrees 07' 11"W, along said right-of-way, 410 feet; thence N 70 degrees 24'29"W, along said right-of-way, 132.41 feet; thence N 01 degrees 07'48" W, 355.62 feet; thence N 88 degrees 52'12"E, 705 feet to the place of beginning. Generally located on the northwest corner of 143rd Street East and Highway 254. DALE MILLER, Planning staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: The applicant is leasing with option to buy 6.14 acres located at the northwest corner of 143rd Street North and Highway 254. The site was originally developed as a gasoline service station prior to adoption of countywide zoning. With the adoption of countywide zoning in 1985, the site was zoned "RR" Rural Residential and remains so zoned today. After countywide zoning went into effect, the service station was identified as a legal non-conforming use in the "RR" Rural Residential district. The applicant is owner of the "Fuel Outlet", a discount gasoline sales concern. The applicant fabricates the support structures and canopies utilized at each of the Fuel Outlet sites. The fabrication activities (cutting and welding of metal components) have been determined by the County Zoning Administrator to be "limited manufacturing" activities requiring "GC" General Commercial zoning. The applicant is seeking "GC" General Commercial in order to conduct "limited manufacturing" activities on this location. According to the "Unified Zoning Code", limited manufacturing is defined as an establishment engaged in the onsite production of goods by hand manufacturing which generally involves only the use of hand tools or other equipment not exceeding two horsepower. The closest residence is approximately 1200 feet to the northwest. Another residence is located to the north approximately 1400 feet away. All of the surrounding property is zoned "RR" Rural Residential and is either used for large lot residential or agricultural uses. CASE HISTORY: The site has legal non-conforming status for a gasoline service station. ADJACENT ZONING AND LAND USE: NORTH: "RR" Rural Residential; large lot residential, agriculture SOUTH: "RR" Rural Residential; agriculture EAST: "RR" Rural Residential; agricultural and large-lot residential WEST: "RR" Rural Residential; agricultural and large-lot residential PUBLIC SERVICES: Municipal sewer and water services are not available. The site is currently served by on-site services. The Health Department will have to approve the continued use of on-site services at the time of platting. CONFORMANCE TO PLANS/POLICIES: The "Comprehensive Plan" depicts this site as "rural". Rural areas consist of land outside the 30 year Wichita urban service boundary and small city growth areas. This category of use is intended to accommodate agricultural uses, rural based uses that are no more offensive than normal agricultural uses, and large lot residential subdivisions with provisions for future water and sewer services. Strategy III.B4 states that in those portions of rural unincorporated Sedgwick County located outside the projected urban growth area, commercial development should be limited to those activities that are agriculturally oriented or provide necessary convenience services to residents in the immediate area, or provide highway-oriented services at interchange areas. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be DENIED. This recommendation of denial is based upon fact that the intended use is not consistent with Comprehensive Plan policy and strategy listed above. The requested use is not agriculturally oriented and it does not provide necessary convenience services to residents in the immediate area. The use provides support services for the applicant's "Fuel Outlet" business that has no relationship to agricultural operations, site-based resources, and highway users or for the convenience of nearby residents. According to Comprehensive Plan recommendations, this use should be located in an area that is urbanized or where urban services (municipal water with hydrants, close by fire stations, municipal sewer with monitoring of waste disposal, paved roads, etc.) are scheduled to be extended. However if the Planning Commission feels the request is appropriate, the application should be subject to the following Protective Overlay conditions: A. The uses permitted on this site shall be restricted to those permitted by the "RR" Rural Residential zoning district plus "limited manufacturing" uses as defined in the Unified Zoning Code. B. The area covered by the "GC" General Commercial zoning shall be limited to area shown on the attached site plan. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood. Surrounding land is zoned "RR" Rural Residential and is used for large lot residential uses or agricultural pursuits. This area is rural in character. 2. The suitability of the subject property for the uses to which it has been restricted. The site is zoned "RR" Rural Residential which restricts the site to low intensity uses. Only two commercial and industrial uses are permitted by right in the "RR" district, those being a hobby kennel and an asphalt plant, limited. The site also has a legal nonconforming right to a gasoline service station. Given the lack of public services and its distance from any other urban uses or urban population density, the subject property is suitably restricted. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Granting of "GC" General Commercial zoning will set a precedence for this type of zoning at this rural location. The "GC" district permits a wide variety of intense commercial and industrial uses that would not be appropriate at this location. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The intended use is not consistent with Comprehensive Plan policy and strategy guidelines as state above. The requested use is not agriculturally oriented and it does not provide necessary convenience services to rural residents in the immediate area. The use provides support services for the applicant's "Fuel Outlet" business that has no relationship to agricultural operations, site-based resources, and highway travel or for the convenience of nearby residents. According to Comprehensive Plan recommendations, this use should be located inside one of the cities within the county. 5. Impact of the proposed development on community facilities: None identified. MILLER "Commissioners, there are two items here. They are applications for the same piece of property by the same applicant; however, they are different and there is a reason why they are being handled as two separate items as opposed to companion items like you normally see with a zone change and a Conditional Use. The reason for that is that the Conditional Use really has nothing to do with the request for the 'GC' Commercial. Let me try to clarify that. On 6a, it is the request for the 'GC' General Commercial zoning; and what we have here is out on Highway K-254, just west of 143rd Street at the northwest corner of 143rd and K-254, is an old gas station that has been there for a number of years. It is currently considered to be a legal non-conforming use with respect to gasoline sales. The service station was there, went out of business and the County Zoning Administrator has determined that in his opinion, they still have the rights to open a gasoline sales/service station as a non-conforming use because it is still zoned 'RR' Rural Residential. However, what the applicant's intended use for it is he is the owner and operator of the fuel outlets that you have seen around town where they sell discount gasoline. He uses this location, or intends to use this location for his offices. He also fabricates the awnings and the support structures for the fuel outlet facilities, if you have seen those. There is a canopy and a support structure that hold that canopy over the pump stations. It is my understanding, and he will be able to explain this in more detail, but they take metal components, weld and fabricate those at this location. In the opinion of the Zoning Administrator, that requires 'GC' General Commercial because that is limited manufacturing. So he is asking for the 'GC' zoning in order to do his manufacturing for the fuel outlet facilities at this location. To the northwest is the closest residence, it is about 1200 feet. To the east is Leffler Trailer Sales, half a mile to the east, give or take. The Comprehensive Plan depicts this site as being rural and the rural area consists of land outside the 30- year Wichita Urban Service boundary and any of the small city growth areas. This category is intended to accommodate agricultural uses, rural based uses that are no more offensive than normal agricultural uses, and large-lot residential subdivisions. There is also a strategy in the Comprehensive Plan, Strategy 3-B IV, which states that in these portions of rural unincorporated Sedgwick County that are located outside the projected urban growth area, commercial development should be limited to those activities that are agriculturally oriented, or provide necessary convenience services to residents in the immediate area, or that provide highway oriented services at interchange areas. Because of that, those policies and that strategy, staff is not recommending approval for this particular request for 'GC' General Commercial at this location. We don't feel that introducing 'GC' zoning in Limited Manufacturing in an area that is clearly a rural area at this point in time to be consistent with the plans policies or the strategies listed in support of those policies. However, if the Planning Commission disagrees with staff's recommendation, we are recommending that the 'GC' zoning, if you should decide to approve it, to be approved subject to a Protective Overlay that contains 2 conditions. 1. That the site is restricted to those uses permitted in the 'RR' district as well as Limited Manufacturing only. 2. That the area covered by the 'GC' General Commercial zoning be limited to the area shown on the site plan. On the last page of the staff report there is a site plan attached that shows the existing office shop and the canopy that is there today that used to be where the gas pumps were when it was a gas station. I guess I will ask for some guidance at this point, whether you want to take these separately or whether you want to hear the second request and then talk about them separately. It probably makes the most sense to do that, in my mind, to let me go ahead and do the second request." MICHAELIS "I would agree with that." MILLER "All right, this next request is the same piece of property, same acreage, etc., however, the reason for this particular request is that the applicant is also wanting to sell propane fuel at this location. As you noticed on that one slide there was a rather large propane tank that is out in front of the facility today. The applicant has a contract currently in place to sell the propane. The reason for the two requests is that if, for some reason, he doesn't get the 'GC' approved, he needs this Conditional Use for ag sales and service in order to continue the propane sales because the County Zoning Administrator has determined that this type of sales activity is more intensive than what would have been permitted by just the gasoline sales that it currently is permitted as a non-conforming use. So he is asking for a Conditional Use to permit Ag sales and service and propane sales in particular. In the definition of agricultural sales and service, propane sales is specifically listed as a permitted use. So we don't have a problem with interpretation as far as the use and what kind of category it should fall under. He has bulk sales here (indicating on a slide) and then smaller, residential-sized tanks here that would be available for lease or sale to property owners. There are also delivery trucks so that they can deliver the fuel to the residences. To kind of make a long story short, we feel like this is a true agricultural sales use and should be approved, subject to the conditions listed on Page 3, A,B,C and D. The same site plan is attached to this particular request. To kind of wrap this up, the reason for the two requests was that if the 'GC' zoning is not approved, then he still needs the Conditional Use for ag sales and service if you think that is an appropriate use there as well. If it turns out that he gets the 'GC' approved, he doesn't necessarily need the Conditional Use, but given the situation that he was in, he needed a 'fail- safe' approach to this. With that, I will try and answer any questions." JOHNSON "Will you go back to the slide where the large tank was that was in front of that canopy? When this service station was put in here, it was in 'Rural Residential' zoning, so it was non-complying?" MILLER "The service station would have been there probably before zoning was there, so it wasn't zoned anything until…." JOHNSON "Okay. When that was done, surely there was some kind of a permit or something taken out for that facility, and for the canopy." MILLER "Do you mean for the building?" JOHNSON "Right." MILLER "Well, I don't know." JOHNSON "I guess what I am leading up to, it looks like to me that the canopy is awfully close to the right-of-way of K- 254. And now, there is a propane tank that is even closer. I didn't know if there was any kind of problems where this tank is sitting if we grant that zoning. Then would this have to be platted and there would be setback requirements and the tank would be in that setback, or what?" MILLER "I don't know. I am guessing it is somewhere around 20-foot off of the property line, based on the site plan. They are showing a 26-foot distance to the edge of the canopy." KROUT "They do permit canopies to be an exception to the building setback. I think that if this was proposed for zoning that you are also recommending that it be subject to platting." MILLER "Correct." JOHNSON "Well, do you see that tank staying there?" KROUT "Well, it is 'GC' zoning, and a 'GC' zoning permits outside storage and I think that is basically what you have out there. So yes, it would be, technically. They may have to screen it from view of K-254 to comply with the screening requirements for outside storage, I'm not sure. We will have to look at that. But I think that it would be permitted." MILLER "I have been advised by County Code Enforcement that all of the appropriate fire officials have reviewed this particular tank in this particular location and they have all signed off on it." MICHAELIS "Are there any further questions of staff? Thank you, Mr. Miller. At this time, could we hear from the applicant, please?" DAN CLAASSEN "I am the owner of the facility. If I could just regress and answer the question more specifically--we did meet with KDOT on the setback of the tank. In fact, there is a 10-foot setback requirement off of the property line, but KDOT has no setback requirement whatsoever. In fact, as far as they are concerned, it could be right up against the fence. Let me give you a little history on this facility. This was owned by a gentleman by the name of Coy Burge many, many years ago. He operated a restaurant there; had his corporate offices there, had a convenience store there with outside gas sales. Had a bulk gas storage facility there that he operated bulk deliveries on gasoline, and I imagine diesel-- I don't know that for a fact--at that facility, and then he had an area for storage and for light maintenance. In fact, that is what I really want to do, in like manner. I don't want to have a restaurant there, but do want to have my corporate offices for Fuel Outlet at that facility, where the customers call in and we address their concerns. There is not a lot of drive in or out traffic associated with that. The former restaurant building is used just internally for light storage for office supplies and the like. The former convenience store area is where we do what we call out light assembly area. The products are brought in, it is an air conditioned area, and we do our electronic testing, etc., there. And then in the former maintenance facility is where the shop area is. For the most part, we bring components into that area and we assemble them. In the way of actually doing fabrication, probably a fraction of 1% of our time is actually spent with a welder touching it to a piece of metal. Everything you see at a Fuel Outlet, if you are familiar with one of those unattended gas stations, we do. We farm out a lot of it. Like the canopy, for example, we don't do that on-site, we farm that out to a fabricator here in town. But we do assemble the dispensers in the facility. In regards to the propane sales, I would like to announce to you that we have gotten the stamp of approval from the State Fire Marshall of having the highest quality bulk farm for propane in the State of Kansas. So we do bring a little bit of happiness to the table today. For the most part, I want to continue the tradition of what has been done at that facility in the past. It is somewhat of an anomaly because it was out there and it was operating before there were zoning restrictions and laws associated with that. We have taken this facility that was out of service for some time--it went out of service because it lost access to K- 254 highway for drive in traffic. We don't have a direct relationship with the customer where they drive in and buy a product from us and leave, such as a convenience store would. So the access was not an issue for us. But for the most part, I want to continue the tradition of that facility that was taken out of service and really was left in a dilapidated state of repair. We came in and have cleaned it up and fixed it up and are wanting to operate it." MICHAELIS "Are there any questions of Mr. Claassen?" GAROFALO "Mr. Claassen, are you telling us that you already have all of this activity going on there?" CLAASSEN "Yes. There was a major misunderstanding with this facility. It was represented to me as being a legal non- conforming use activity out there. So, in fact, yes, we did move in and start, in a limited form, some of the activity. Then we found out, through Code Enforcement, that it was not as we believed." GAROFALO "The propane sales…people don't come in for that?" CLAASSEN "No. We do bulk delivery to residences. They can bring a bottle in for filling, like a 20-pound barbeque grill and we would be happy to service that, but for the most part it is all bulk delivery." BARFIELD "What kind of inventory do you envision in terms of your awnings?" CLAASSEN "You will see very little on the outside, for the most part. All of the components of a fuel outlet are the smaller type. We are a big jigsaw puzzle, if you will. When we go out to the construction site, we put all of the pieces together ahead of schedule in the facility, then we take it out and put these components together. So for the most part, it is all stored inside. What you would see outside, out of fairness, is there are storage trailers that we take out, like on a construction site where you see the job trailer. We bring that in, we fill it up and then we take it out to the site. But we do a very good job of keeping things neat. I don't know if you have ever driven up to a Fuel Outlet, but it is clean when you go there. We take that same mentality and bring it to our facilities out there. We think that we are a very good neighbor. We have cleaned it up, we have taken out all of the trash--dumpster-load after dumpster-load has been taken to the landfill. I hope that we are a good neighbor." BARFIELD "But there would be some outside storage there." CLAASSEN "There would be." WARREN "As I relate to a Fuel Outlet, of course, the biggest thing you have is that canopy, and you are saying that you don't fabricate there." CLAASSEN "No, sir." WARREN "So, when you talk about this dispensary unit, it is a gas pump?" CLAASSEN "Yep." WARREN "So it is a little gas pump that you are going to fabricate, assemble and etc." CLAASSEN "Now, don't belittle it. It is a really important piece of merchandise to me." (Laughter here) WARREN "I understand, but it is not like that canopy." CLAASSEN "Yeah, yeah. That is done on a store that is on South Broadway, by a subcontractor." WARREN "So most of your work would be in the size of that gas pump?" CLAASSEN "Yeah, or even smaller. For example, the gas dispensers, by regulation, have a secondary containment box that sits in the concrete under that. We bring that box in, we cut the holes in the side of it, we mount the connectors there and then we dispatch to the side, and then they simply hook the hoses up to that." OSBORNE-HOWES "I don't know whether I should ask you this or staff, but you have talked to staff, so, if you sell this propane gas to residences, how does this qualify as agricultural sales and service?" CLAASSEN "It is rural America." OSBORNE-HOWES "Rural Residential then." CLAASSEN "Yeah." GAROFALO "I have one other question. This outside storage, what do you think it would involve? What does it involve, and could you eliminate that by building and putting the stuff inside so you don't have a bunch of junky looking stuff maybe." CLAASSEN "Don't let me over emphasize what outside storage is. The job trailer that we bring in and fill up. That has to be outside wile we are filling it up and then it is dispatched out. But beyond that, I don't have any need for outside storage whatsoever." GAROFALO "You won't have a bunch of these old pumps that you have to replace or something? Pumps that go bad or whatever." CLAASSEN "One dispenser costs $32,374.00. I will not leave it outside." GAROFALO "Well, I mean if you had to replace them they wouldn't be laying around rusting away?" CLAASSEN "No, sir. We would disassemble it and remove it. I wish you could have seen a 'before and after' shot of this. Is anybody familiar with this prior to Fuel Outlet? Okay, what was it like before we got there?" HENTZEN "I knew Cory Burge, and I can tell you it was not the best looking place." CLAASSEN "You are too kind. However today it is swept, it is neat, it is mowed and it is trimmed, and it will stay that way." GAROFALO "Do you anticipate an expansion of this activity?" CLAASSEN "No, I don't. But I would rather not be restricted to that. I want to grow." GAROFALO "I guess we can understand that." MARNELL "I have a question for Dale. Dale, when you were talking about limiting the zoning to the portion that has the shop with a canopy already on there, what portion of that lot that was shown on the tract, what portion is that. " MILLER "The application area indicates that they have contracted for a little over 6 acres, but if you look at the site plan, that is not 6 acres. So what we were suggesting was that if it is approved that it be restricted to the area covered by the site plan. I haven't calculated what that is, but if you look at the dimensions on there, that is not 6 acres. Approximately 2 acres." BARFIELD "I have a question for Marvin. Will 'GC' allow for the type of outside storage that he is referring to?" KROUT "Yes, unless he is specifically prohibited in a Protective Overlay." WARREN "I take it that an approval of this would probably dictate that we have a plat within a year. So at that time, then, we could restrict that 6 acres that we are talking about." KROUT "This is the time to decide what the dimensions of the zoning district should be." WARREN "You say dimensions. I don't have any way of the meets and bounds. We could say 6 acres and I am not sure where it would be. But we could determine that in a plat." KROUT "Yes, the plat will give you a legal description, but I mean based on the site plan." WARREN "You would say more or less 6 acres then, to be subject to description in plat?" KROUT "That is the whole property. The tract that is developed and used now is approximately 2 acres, Dale?" MILLER "About 3-1/4 acres, he says, total. If you look at the site plan and look at the area that is outlined there, that is not 6 acres. So he has indicated that it is about 3-1/4 acres." WARREN "But you are of the opinion that this is what he is asking for for 'GC' then, on the site plan?" MILLER "Yes, unless he indicates that he needs more. But based on the way his operation is today, that more than covers what he is doing out there." WARREN "Has he indicated to you an agreement to a Protective Overlay that would pretty much restrict him to doing what he is doing now?" MILLER "We can ask him. He is indicating that he is okay with that." WARREN "His answer is yes. Okay." MICHAELIS "Are there any further questions of Mr. Miller? Okay. We need to back up here a little bit and go to the audience. Is there anyone in the audience that wishes to speak in favor of this? Is there anyone who wishes to speak in opposition to it? Seeing none, we will bring it back to the Commission." BARFIELD "I'm sorry. I would like to ask the applicant another question. If this were to be approved, are you in agreement with staff's comments?" CLAASSEN "Yes." MICHAELIS "Shall we take these one at a time? KROUT "Let's take a motion on each one." MICHAELIS "If we approve 6a, you don't need 6b." KROUT "Well, potentially, the County Commission….this could go forward and one might drop out." MICHAELIS "Okay. We are ready for a motion on Item 6a." MOTION: Having considered the factors as contained in Policy Statement No. 10; taking into consideration the staff findings (The zoning, uses and character of the neighborhood. Surrounding land is zoned "RR" Rural Residential and is used for large lot residential uses or agricultural pursuits. This area is rural in character. The suitability of the subject property for the uses to which it has been restricted. The site is zoned "RR" Rural Residential which restricts the site to low intensity uses. Only two commercial and industrial uses are permitted by right in the "RR" district, those being a hobby kennel and an asphalt plant, limited. The site also has a legal nonconforming right to a gasoline service station. Given the lack of public services and its distance from any other urban uses or urban population density, the subject property is suitably restricted. Extent to which removal of the restrictions will detrimentally affect nearby property: Granting of "GC" General Commercial zoning will set a precedence for this type of zoning at this rural location. The "GC" district permits a wide variety of intense commercial and industrial uses that would not be appropriate at this location. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The intended use is not consistent with Comprehensive Plan policy and strategy guidelines as state above. The requested use is not agriculturally oriented and it does not provide necessary convenience services to rural residents in the immediate area. The use provides support services for the applicant's "Fuel Outlet" business that has no relationship to agricultural operations, site-based resources, and highway travel or for the convenience of nearby residents. According to Comprehensive Plan recommendations, this use should be located inside one of the cities within the county. Impact of the proposed development on community facilities: None identified.) I move that we recommend to the governing body that the request be approved, subject to the following Protective Overlay conditions: A. The uses permitted on this site shall be restricted to those permitted by the "RR" Rural Residential zoning district plus "limited manufacturing" uses as defined in the Unified Zoning Code. B. The area covered by the "GC" General Commercial zoning shall be limited to area shown on the attached site plan. BARFIELD moved, MARNELL seconded the motion. MARNELL "Did the motion include only the portions currently used for the operation, something less than 3-1/2 acres as opposed to the whole site." BARFIELD "Yes." KROUT "You need to make findings to justify approval of this. The staff comments are findings to justify a vote for denial because it is not in character with the area and not consistent with the Comprehensive Plan. So I think someone needs to turn to the page where the findings of fact are identified and provide the County Commission with your reasoning for approving this." WARREN "I would like to speak to that. 'GC' is 'GC' based on this book (indicating) and this Code, but 'GC' with a Protective Overlay is not 'GC'. So, that, I think, is justification. We are not approving 'GC' unabated. We are not approving 'GC' to go do what you want to do, based on this building, we are approving 'GC' very restrictively. I think we can do that. When we put that Protective Overlay on it, then we have changed the dimensions and the definition of 'GC' altogether." MARNELL "I would like to add to that that this is an existing facility and it would be a shame to have that abandoned. On the other hand, if this was a better piece of land, I don't think we would be saying that this was the place to go locate something that would go in 'GC' unless it would be the kind of structure that is already there. It would seem to be a tremendous waste to tear it down." GAROFALO "It is not clear to me, at this point, if we approve the 'GC', what area we are approving. I think it is supposed to be the area covered by the site plan?" MILLER "It is the area covered by the site plan." GAROFALO "Okay, but earlier, it was mentioned that it was 3-1/2 acres, but I thought the applicant said 3/4 of an acre." MILLER "Three and a quarter acres." MICHAELIS "I suppose if you wanted to put a specific area on it, you could." GAROFALO "I just wanted to make sure." KROUT "It is 3-1/2, plus or minus an acre." GAROFALO "Okay. So we are talking about the site plan." MILLER "Yes. Just for clarification. What he indicated was 3-1/4 acres, not 3/4 of an acre. That's 3.25." KROUT "The dimensions don't indicate if there is anything that size." PLATT "Do we have a motion on the floor to discuss?" MICHAELIS "Yes." PLATT "I am going to vote against the motion. I think to put 'GC' zoning in this location is a very, very bad precedent. I also do not like the concept of granting zoning because we like a particular activity and don't like something else. I think we need to begin with saying 'all right, is this an appropriate place for 'GC' zoning or not. If it is not, then I don't think we should try to start bending the rules to make exceptions. I think to end up doing 'GC' zoning only for the site plan might create a real gerrymandered situation where we have a snip of non 'GC' zoning surrounding this area which is not usable for anything. Here we are going to be faced with someone coming back in a couple of years wanting to change that zoning, saying 'I can't use this land for anything else'. Then we will end up with the whole six acres, I think, very, very soon. This is just not a place for 'GC' zoning, and I won't support it." HENTZEN "I am going to vote for the motion. I want to say that the adjacent zoning and land use in the report shows 'RR' Rural Residential on all sides. The fact is that there isn't any residences near that place. Just because, through some resolution of the County when we put in the zoning ordinance some years ago, we classified everything out there Rural Residential if it wasn't already there for something else, so that to say 'this is not the place for that kind of an operation, I think is baloney. It is already there, and it is the right place for this kind of operation. I will vote for it." WARREN "I am also going to support the motion. But I am going to question what Dr. Platt has said, and that is that he is still referring back and condemning a project predicated on the fact that we are going to give it a 'GC' zoning and we are not. We are going to give it a modified 'GC' zoning. Every zoning district in that book almost has got some way to modify it. That is what we are doing here. So we are not giving this thing much, turning it loose for 'GC' as he has indicated." MICHAELIS "Is there any other discussion? We have a motion on the floor to approve item 6a and restrict the 'GC' zoning to the site plan." KROUT "Subject to platting and subject to the conditions in the Protective Overlay." VOTE ON THE MOTION: The motion carried with 9 votes in favor (Hentzen, Warren, Michaelis, Johnson, Marnell, Garofalo, Osborne-Howes, Barfield and Lopez) and 1 in opposition (Platt). MICHAELLIS "Now we need a motion on 6b." MOTION: Having considered the factors as contained in Policy Statement No. 10; taking into consideration the staff findings (The zoning, uses and character of the neighborhood. All land surrounding the site is zoned "RR" Rural Residential and used for agricultural or large lot residential uses. The suitability of the subject property for the uses to which it has been restricted. The site is zoned "RR" Rural Residential, but has nonconforming use rights for a gasoline service station. The applicant could operate the site as a gasoline service station as a nonconforming use. The "RR" district restricts uses to agriculture, other very low intensity non-residential uses and large lot residences. Those uses could also be developed here. However, since the site is already developed for gasoline sales, and the "RR" district limits the opportunity for many other nonresidential uses, this site is difficult to reuse. "Agricultural sales and services" is a use that is permitted in the "RR" district with a Conditional Use, and sale of propane is specifically listed in the agricultural sales and services definition. Extent to which removal of the restrictions will detrimentally affect nearby property: Compared to a gasoline service station, the proposed use will not detrimentally affect nearby properties to a greater degree. Conformance of the requested change to the adopted or recognized Comprehensive Plan: Strategy III.B4 states that in those portions of rural unincorporated Sedgwick County located outside the projected urban growth area, commercial development should be limited to those activities that are agriculturally oriented or provide necessary convenience services to residents in the immediate area, or provide highway-oriented services at interchange areas. Propane fuel is a product used primarily by rural residents. Impact of the proposed development on community facilities: None identified.) I move that we recommend to the governing body that the request be approved, subject to the following: A. The site shall be developed, maintained and utilized in general conformance with the approved site plan, and shall apply only to the area depicted on the site plan. B. The Health Department must approve the on-site sewage system, and all other applicable permits shall be obtained prior to the commencement of operations. C. Permitted uses shall be restricted to those permitted by the base zoning district plus agricultural sales and services as defined in the Unified Zoning Code. D. Any violation of these conditions shall render this Conditional Use Permit null and void. MARNELL moved, JOHNSON seconded the motion, and it carried unanimously (10-0). ------------------------------------------------------------------------ 7a. ZON2000-00066 - Horst K. Hiller (Owner/Applicant); Lowen Architects, Inc., c/o Ray E. Lowen (Agent) request zone change from "