METROPOLITAN AREA PLANNING COMMISSION MINUTES November 9, 2000 The regular meeting of the Wichita-Sedgwick County Metropolitan Area Planning Commission was held Thursday November 9, 2000 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. Chris Carraher, Chair; James Barfield (late arrival); Frank Garofalo; Bud Hentzen; Bill Johnson (late arrival)); Ron Marnell; John W. McKay, Jr.; Jerry Michaelis; Susan Osborne- Howes; George Platt; Ray Warren and Harold Warner. Richard Lopez was not present. Staff members present were: Marvin S. Krout, Secretary; Dale Miller, Assistant Secretary; Donna Goltry, Principal Planner; Scott Knebel, Senior Planner; Barry Carroll, Associate Planner; and Karen Wolf, Recording Secretary. 1. Approval of minutes for October 5, 2000 and October 19, 2000. MOTION: That the Planning Commission approve the minutes of October 5, 2000 as submitted. MCKAY moved, WARREN seconded the motion, and it carried unanimously (10-0). MOTION: That the Planning Commission approve the minutes of October 19, 2000 as submitted. GAROFALO moved, MARNELL seconded the motion, and it carried unanimously (10-0). ------------------------------------------------------------ 2. Consideration of Subdivision Committee recommendations from November 2, 2000 meeting. CARRAHER "I have been notified by staff that we need to pull Item No. 2/6 for discussion. Are there any other that need to be pulled for discussions? Seeing none, I will open the floor for a motion." Subdivision Items 2/1, 2/2, 2/3, 2/4, 2/5, 2/7, 2/8 and 2/9 were approved subject to the Subdivision Committee recommendations (OSBORNE-HOWES moved MCKAY seconded the motion). 2/1. SUB2000-49 - One-step final Plat of Mid-Continent Airport Sixth Addition, located on the northwest and south sides of Tyler Road, on the north side of K-42 Highway. A. The applicant shall guarantee the extension of City water and sanitary sewer at the time of development. 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 and the need for minimum pad elevations or drainage reserves. The drainage plan is approved. E. KDOT needs to comment on the access controls. The plat indicates access control except for one opening along K- 42 Highway. Traffic Engineering needs to comment on the need for access controls along Tyler. Distances should be shown for all segments of access control. KDOT has approved one opening along K-42. Traffic Engineering has permitted one opening along the east side of Tyler for Lot 1, Block 1; one opening north of Yosemite for Lot 1, Block 2; and one opening south of Yosemite for Lot 1, Block 3. F. 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. G. 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. H. 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.) I. 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. J. 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. K. 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. L. 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. M. Perimeter closure computations shall be submitted with the final plat tracing. N. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. O. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. P. 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. SUB2000-37 - Final Plat of Heimerman Meadows Addition, located west of 343rd Street West, north side of 4th Street North. Note: This site is located in the County in an area designated as "rural" by the Wichita-Sedgwick County Comprehensive Plan. STAFF COMMENTS: A. Since neither 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. Standard soil testing 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. County Engineering needs to comment on the status of the applicant's drainage concept. The removal or modification of terraces should be coordinated with NRCS. The Floodway reserve shall cover the waterway(s) after the terraces are removed. A Floodway Reserve shall be denoted in accordance with a Letter of Map Amendment obtained from FEMA. D. The Applicant should provide a 35-ft contingent dedication of half-street right-of-way adjoining the western property line to improve access to future lots to the north. The requested contingent right-of-way has been provided; however it needs to be referenced in the plattor's text. E. The final plat shall dedicate access control except for one opening per lot. The plat shall dedicate 100 feet of complete access control from the east line of the contingent dedication. The requested access controls have been dedicated. F. Since this is plat is located in the County, the City Council signature block may be deleted. G. The County Commissioners' signature block need only include the signature of the Chairman. H. A dimension on the east line of Lot 3 needs to be added. I. The Deputy County Surveyor has advised that 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 of Certificate of Survey, item #1. J. If a building setback is platted, the Zoning regulations permit a 35-ft setback from a County section line road. K. The Applicant is reminded that a platting binder is required with the final plat. Approval of this plat will be subject to submittal of this binder and any relevant conditions found by such a review. L. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. M. The applicant shall install or guarantee the installation of all utilities and facilities which are applicable and described in Article 8 of the MAPC Subdivision Regulations. (Water service and fire hydrants required by Article 8 for fire protection shall be as per the direction and approval of the Chief of the Fire Department.) N. The applicant's engineer is advised that the Register of Deeds is requiring the name(s) of the notary public, who acknowledges the signatures on this plat, to be printed beneath the notary's signature. O. To receive mail delivery without delay, and to avoid unnecessary expense, the applicant is advised of the necessity to meet with the U.S. Postal Service Growth Management Coordinator (phone 316-729-0102) prior to development of the plat so that the type of delivery, and the tentative mailbox locations can be determined. P. The applicant is advised that various State and Federal requirements [specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147] for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. Q. The owner of the subdivision should 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. R. Perimeter closure computations shall be submitted with the final plat tracing. S. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. T. The representatives from the utility companies should be prepared to comment on the need for any additional utility easements to be platted on this property. U. 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. ---------------------------------------------------------- 2/3. SUB2000-56 - Revised one-step Final Plat of ELLSON COURT ADDITION, located south of Central, east of Greenwich. A. The lots will be served by the Four Mile Creek sanitary sewer system. On the final plat tracing, appropriate wording shall be added to the Mayor's signature block indicating the City's agreement to allow a County sewer district to be formed within the City. County Engineering advises that the Sedgwick County Sewer District Impact Fee for development of each lot in this Addition is $12,050.07. This amount is not amortized by special assessment and is due and payable in full when initial permits are pulled. Lots 1-4 are subject to the above impact fees unless removed from the Sewer District by the Board of the County Commissioners. B. The Applicant shall guarantee the extension of City water to serve the site. C. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. D. City Engineering needs to comment on the status of the applicant's drainage plan. The drainage plan is approved. E. 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. F. For those reserves being platted for drainage purposes, the required covenant which provides for ownership and maintenance of the reserves shall grant, to the City, the authority to maintain the drainage reserves in the event the owner(s) fail to do so. The covenant shall provide for the cost of such maintenance to be charged back to the owner(s) by the governing body. G. The Applicant shall guarantee the paving of the proposed interior street. The Subdivision Committee has recommended a modification of paving width to the 21-ft standard. In accordance with the Subdivision Regulations, City Council will need to approve this modification of a street improvement standard. H. Complete access control shall be platted for the plat's frontage along Ellson and referenced in the plattor's text. I. 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. J. 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. K. The 15-ft utility easement on Lots 1, 2, 3, and 4, Block 1, is recommended to be relabeled as a street drainage and utility easement. L. The Deputy County Surveyor has advised that 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 of Certificate of Survey, item #3, #4, #5 and #10. M. The MAPC Chairman shall be revised to reference "Christopher S. Carraher". N. 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. O. 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.) P. 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. Q. 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. R. 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. S. 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. T. Perimeter closure computations shall be submitted with the final plat tracing. U. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. V. 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. W. 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. SUB2000-89 - Security Storage Hillside Addition, located o the northwest corner of Hillside and Kellogg. A. Municipal services are available to serve the site. City Engineering needs to comment on the need for any guarantees or easements. A temporary utility easement is needed to cover a water line proposed to be relocated. 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. Due to drainage onto Kellogg, a letter shall be provided from KDOT indicating their agreement to accept such drainage. D. As indicated on the P.U.D. site plan, the plat proposes complete access control along Chautauqua, Hillside and Kellogg. One access opening is proposed for Lewis near the Hillside intersection. Distances should be shown for all segments of access control. E. The applicant shall guarantee the closure of any driveway openings located in areas of complete access control or that exceed the number of allowed openings. F. A P.U.D. Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved P.U.D. (referenced as P.U.D. 2000-00002) and its special conditions for development on this property. G. The width of Chautauqua from the centerline to the property should be labeled. H. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. I. The applicant shall install or guarantee the installation of all utilities and facilities 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.) J. 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. K. 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. L. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. M. The owner of the subdivision should 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. N. Perimeter closure computations shall be submitted with the final plat tracing. O. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. P. 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. Q. 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. SUB2000-91 -One-Step REFLECTION RIDGE WEST ADDITION, located north of 21st Street, east side of Tyler. A. City water services are available to serve the site. City Engineering needs to comment on the need for any guarantees or easements. A guarantee for the extension of sanitary sewer shall be provided. 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 and the need for a Reserve for the proposed lake between the two lots. The drainage plan is approved. A guarantee is required. The final plat tracing shall denote a Reserve between the lots for the lake denoted on the CUP site plan. D. In accordance with the CUP, the plat proposes one access opening per lot along Tyler. The CUP also required a 300-ft minimum separation between the openings which should be denoted on the face of the plat. The final plat tracing shall reference the access controls in the plattor's text. E. In accordance with the CUP, a decel lane shall be provided taking into consideration the drive openings on the property to the south. F. A CUP Certificate shall be submitted to MAPD prior to City Council consideration, identifying the approved CUP (referenced as CUP 2000-00028) and its special conditions for development on this property. G. The applicant's agent shall determine any setback requirements for the pipelines adjoining the property 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. 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. The plattor's text shall include language that a drainage plan has been developed for the plat and that all drainage easements, rights-of-way, or reserves shall remain at established grades or as modified with the approval of the applicable City or County Engineer, and unobstructed to allow for the conveyance of stormwater. J. The applicant shall install or guarantee the installation of all utilities and facilities 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.) K. 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. L. 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. M. The applicant is advised that various State and Federal requirements (specifically but not limited to the Army Corps of Engineers, Kanopolis Project Office, Rt. 1, Box 317, Valley Center, KS 67147) for the control of soil and wind erosion and the protection of wetlands may impact how this site can be developed. It is the applicant's responsibility to contact all appropriate agencies to determine any such requirements. N. The owner of the subdivision should 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. O. Perimeter closure computations shall be submitted with the final plat tracing. P. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. Q 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. R. 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. -------------------------------------------- 2/7. DED 2000-30 - Dedication of Access Control from Robert and Tressa Myers, for property located south of Central, on the east side of West Street. OWNER/APPLICANT: Robert and Tressa Myers, 34 Huntington, Augusta, KS 67010-2319 LEGAL DESCRIPTION: The west 170 feet of the south 110 feet of Lot 13, Knight Acres Addition. PURPOSE OF DEDICATION: This Dedication is a requirement of Lot Split No. SUB 2000-70 and is being dedicated for access control except for one opening along West Street. Planning Staff recommends that the Dedication be accepted. --------------------------------------------------------- 2/8. DED 2000-31- Dedication of Drainage Easements from Wallace Carp, Manager, Carp Brothers, LLC., and H.T. Ritchie, Ritchie Corporation, for property located on the southest corner of 29th Street North and Hoover. OWNER/APPLICANT: Wallace Carp, Manager, Carp Brothers, LLC., 2714 N. Hoover, Wichita, KS 67202; and H.T. Ritchie, Ritchie Corporation, Box 7717, Wichita, KS 67277 LEGAL DESCRIPTION: Two Drainage Easements located in the NW 1/4, Sec. 2, T27, R1W of the 6th P.M., Sedgwick County, Kansas. 1) The centerline of a 30-foot drainage easement described as: Commencing at a point on the north line and 1300 feet west of the northeast corner of said northwest 1/4; thence south 400 feet to the point of ending; and, 2) The centerline of a 30-foot drainage easement described as: Commencing at a point on the west line and 900 feet south of the northwest corner of said northwest 1/4; thence east 250 feet to the point of ending. PURPOSE OF DEDICATION: This Dedication is a requirement of CON 2000-17 being dedicated for drainage purposes. Planning Staff recommends that the Dedication be accepted. ----------------------------------------------------------- 2/9. DED2000-32 - Dedication of Street Right-of-Way from Wallace Carp, Manager, Carp Brothers, LLC., and H.T. Ritchie, Ritchie Corporation, for property located on the southest corner of 29th Street North and Hoover. OWNER/APPLICANT: Wallace Carp, Manager, Carp Brothers, LLC., 2714 N. Hoover, Wichita, KS 67202; and H.T. Ritchie, Ritchie Corporation, Box 7717, Wichita, KS 67277 LEGAL DESCRIPTION: Tract 1: The east 20 feet of the west 50 feet of the south 520.72 feet of the NW 1/4, Sec. 2, T27, R1W of the 6th P.M., Sedgwick County, Kansas; and, Tract 2: Beginning at a point 30 feet south and 30 feet west of the northwest corner, NW1/4, Sec. 2, T27, R1W, of the 6th P.M., Sedgwick County, Kansas; thence south, parallel with and 30 feet east of the west line of said NW1/4, 1138 feet; thence east parallel with the north line of said NW1/4, 20 feet; thence north, parallel with and 50 feet east of the west line of said NW1/4, 818 feet; thence northeasterly to a point 75 feet west and 250 feet south of the northwest corner of said NW1/4; thence north, parallel with and 75 feet east of the west line of said NW1/4, 175 feet; thence east, parallel with and 75 feet south of the north line of said 1/4 Section, 175 feet; thence northeasterly to a point 50 feet south and 350 feet east of the northwest corner of said 1/4 Section; thence east parallel with and 50 feet south of the north line of said 1/4 Sectio to the east line of said 1/4 Section; thence north along the east line of said 1/4 section 20 feet; thence west, parallel with and 30 feet south of the north line of said 1/4 Section, 2612.44 feet; thence south, parallel with and 30 feet west of the west line of said 1/4 Section, 1138 feet to the point of beginning. PURPOSE OF DEDICATION: This Dedication is a requirement of CON 2000-17 being dedicated for street right-of-way for Hoover. Planning Staff recommends that the Dedication be accepted. ------------------------------------------------------------ Item taken out of order: 2/6. SUB2000-90 - One-Step Final Plat of SPURRIER"S SUNSWEPT ACRES 2nd ADDITION, located on the east side of Greenwich, north of Pawnee. A. MAPD requests a concept plan indicating a resubdivision of this lot in the future to urban-scale lots. The final plat shall contain contingent street dedications and special building setbacks in accordance with the concept plan to facilitate subdivision into smaller lots in the future. The plattors text shall indicate that the contingent street dedication shall be effective upon the replatting of an adjoining lot. The Subdivision Committee has not required the concept plan and associated street dedications and setbacks. B. A restrictive covenant shall be provided restricting the location of structures on this lot to avoid interference with the possible future streets and setbacks. The Subdivision Committee has not required this restrictive covenant. C. City water is available to serve the site. An Outside-the-City Water Agreement shall be provided. D. County Engineering needs to comment on the need for any additional guarantees at this time. No additional guarantees are required. E. This site is located within the Four Mile Creek sanitary sewer service area. system. The Applicant shall guarantee the extension of sanitary sewer if the building location is on the Crest St. side of the lot. F. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. G. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage easement and guarantee is needed for improvement from the cross-road culvert on Crest Street, west to the pond. H. Distances should be shown for all segments of access control. The final plat tracing shall reference the access controls in the plattor's text. Complete access control needs to be dedicated along Greenwich. I. The MAPC Chairman should be revised to reference "Christopher S. Carraher". J. County Engineering needs to comment on the need for additional right-of-way along Greenwich or Crest Street. An additional 10 feet of right-of-way is needed along Crest Street. An additional 20 feet of right-of-way is needed along Greenwich (60-ft half street right-of-way). K. The plat should be revised by replacing Mt. Vernon with Clark Street. L. A benchmark elevation needs to be added on the final plat tracing. M. 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. N. 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. O. 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.) P. 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. Q. 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. R. 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. S. 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. T. Perimeter closure computations shall be submitted with the final plat tracing. U. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. V. 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. W. 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. STRAHL "This is a 7-1/2 acre site that consists of one lot. It is located on the east side of Greenwich, north of Pawnee. The site was approved by the Subdivision Committee last week with one access opening along Greenwich on the west. Pursuant to the meeting last week, staff discovered the applicant will be building a home site on the eastern portion of the site with access from Crest Street over on the east. Therefore, staff recommends no openings along Greenwich and would recommend that Item H on the staff report be revised to reference a dedication of complete access control along Greenwich. Are there any questions for staff?" MCKAY "Was the Subdivision Committee aware of this last week when they approved it?" STRAHL "No." MCKAY "Okay. Thank you." CARRAHER "Are there any other questions for staff regarding this matter? Thank you. What is the pleasure of the Commission?" KROUT "See if there is anyone in the audience to speak." CARRAHER "Is there anyone in the audience to speak to this issue, Item No. 2/6? Seeing none, I will bring it back to the Commission?" MOTION: That the Planning Commission recommend to the governing body that the request be approved, subject to the following: A. MAPD requests a concept plan indicating a resubdivision of this lot in the future to urban-scale lots. The final plat shall contain contingent street dedications and special building setbacks in accordance with the concept plan to facilitate subdivision into smaller lots in the future. The plattors text shall indicate that the contingent street dedication shall be effective upon the replatting of an adjoining lot. The Subdivision Committee has not required the concept plan and associated street dedications and setbacks. B. A restrictive covenant shall be provided restricting the location of structures on this lot to avoid interference with the possible future streets and setbacks. The Subdivision Committee has not required this restrictive covenant. C. City water is available to serve the site. An Outside-the-City Water Agreement shall be provided. D. County Engineering needs to comment on the need for any additional guarantees at this time. No additional guarantees are required. E. This site is located within the Four Mile Creek sanitary sewer service area. system. The Applicant shall guarantee the extension of sanitary sewer if the building location is on the Crest St. side of the lot. F. If improvements are guaranteed by petition, a notarized certificate listing the petitions shall be submitted to the Planning department for recording. G. County Engineering needs to comment on the status of the applicant's drainage plan. A drainage easement and guarantee is needed for improvement from the cross-road culvert on Crest Street, west to the pond. H. County Engineering needs to comment on the need for access controls. Distances should be shown for all segments of access control. The final plat tracing shall reference the access controls in the plattor's text. Access control except for one opening needs to be dedicated along Greenwich. I. The MAPC Chairman should be revised to reference "Christopher S. Carraher". J. County Engineering needs to comment on the need for additional right-of-way along Greenwich or Crest Street. An additional 10 feet of right-of-way is needed along Crest Street. An additional 20 feet of right-of-way is needed along Greenwich (60-ft half street right-of-way). K. The plat should be revised by replacing Mt. Vernon with Clark Street. L. A benchmark elevation needs to be added on the final plat tracing. M. 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. N. 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. O. 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.) P. 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. Q. 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. R. 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. S. 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. T. Perimeter closure computations shall be submitted with the final plat tracing. U. Recording of the plat within thirty (30) days after approval by the City Council and/or County Commission. V. 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. W. 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. MARNELL moved, GAROFALO seconded the motion. MCKAY "I would just like to have some input from the Subdivision Committee that heard the whole thing." PLATT "What about the applicant? Is the applicant here?" KROUT "The agent is here." PHIL MEYER "I have talked to the applicant and they are fine with the complete access control requirement." MCKAY "Okay." CARRAHER "Are there any questions for the applicant? Thank you. Okay, we will move it back to the Commission. We have a motion on the floor that has been seconded." VOTE ON THE MOTION: The motion carried unanimously (10-0). ----------------------------------------------------------------------- CHRIS CARRAHER, 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. ------------------------------------------------------------------------------------ OSBORNE-HOWES "I would like to ask a question on Item 3/2, so could we pull it?" CARRAHER "We will pull that. Are there any other vacation items that should be pulled?" KROUT "Barry, there are no other items that staff needs to be pulled?" CARROLL "No." CARRAHER "Is there anyone here to speak on Items 3/1, 3/3, 3/4 or 3/5?" 3/1. VAC2000-07 - Faith Christian Church, Inc., c/o Robert L. Wilson, Trustee & Southwest Boys club, Inc., c/o Tom Borrego; (Applicants) request the vacation of a street right-of-way described as: That part of Bennet (Bennett) Avenue as dedicated in Orindgreff 2nd Addition, Wichita, Sedgwick County, Kansas, TOGETHER with that part of Bennett Avenue as dedicated in Silver Spur Second Addition to Wichita Kansas, TOGETHER with that part of Bennett Avenue as dedicated in Mobile Manor South, Wichita, Sedgwick County, Kansas, TOGETHER with the east 30.00 feet of Lot 1, Enterprise Christian Church Addition to Wichita, Kansas as dedicated in Deed Book 1462 at Page 222, and TOGETHER with the west 30.00 feet of Lot 1, Southwest Boys Club Addition, Wichita, Kansas as dedicated in Deed Book 1462 at Page 223. Generally located on Bennett Avenue north of 45th Street South and east of Meridian Avenue. REASON FOR REQUEST: To vacate unused street right-of-way. CURRENT ZONING: Street right-of-way surrounded by "MH" "SF-6" "B" & "NO" The applicants are requesting to vacate an undeveloped street right-of-way for all of Bennett Avenue north of 45th Street South. According to the applicants, this right-of-way is unused and the applicant would like to develop along portions of this dedicated property. Based upon the information available prior to the public hearing, staff recommends the MAPC make the following findings and recommendation to the City Council: A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Daily Reporter of notice of this vacation proceeding one time October 20, 2000, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described street right-of-way, and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioners, the prayer of the petition ought to be granted. Therefore, the vacation of a portion of street right-of-way described in the petition should be approved subject to the following condition: 1. The applicants shall provide an emergency access easement, by separate instrument, between the two manufactured home parks. 2. The applicants shall provide a survey of the existing utilities in order to determine sufficient portion of the easement to be retained and/or to determine any need for a substitute easement. 3. The applicants will supply, by separate instrument, adequate easement to cover the existing utilities. 4. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following: 1. The applicants shall provide an emergency access easement, by separate instrument, between the two manufactured home parks. 2. The applicants shall provide a survey of the existing utilities in order to determine a sufficient portion of the easement to be retained and/or to determine any need for a substitute easement. 3. The applicants will supply, by separate instrument, adequate easement to cover the existing utilities. 4. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicants. ------------------------------------------------------- Barfield arrived at the meeting at 1:15 p.m. 3/3. VAC2000-47 - Candlewood Hotel Company requests to vacate a utility easement described as: Lot 4; South Main Plaza Addition, Wichita, Sedgwick County, Kansas. The East 10' of the West 20' of the North 40' of said Lot 4. Generally located at the northwest corner of Main and Orme. REASON FOR REQUEST: To vacate a utility easement for future construction The applicant is requesting to vacate a utility easement for future construction. Based upon the information available prior to the public hearing, staff recommends the MAPC make the following findings and recommendation to the City Council: A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Daily Reporter of notice of this vacation proceeding one time October 20, 2000, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described utility easement, and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner(s), the prayer of the petition ought to be granted. B. Therefore, the vacation of the utility described in the petition should be approved subject to the following conditions: 1. The applicant shall grant a temporary easement by separate instrument until relocation of utility lines is complete. 2. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. The applicant shall grant a temporary easement by separate instrument until relocation of utility lines is complete. 2. Any relocation or reconstruction of utilities made necessary by this vacation shall be the responsibility of the applicant. ----------------------------------------------------------------------- 3/4. VAC2000-48 - Michael G. Loveland requests complete access control over a portion of the 127th Retail Addition and a portion of the utility easements within Lots 1, 5, 6, and 127th Retail Addition, described as: Easement Vacation – That part of a utility easement in Lots 1, 5, and 6, 127th Retail Addition, Wichita, Sedgwick County, Kansas described as follows: Commencing at the NW corner of said Lot 5; thence S00048'50"E along the west line of said Lot 5, 10.00 feet for a point of beginning; thence N890 02'54"E parallel with the north line of said Lot 5, 108.59 feet to a corner in said utility easement; thence S00048'50"E along a line a line of said utility easement, 20.00 feet to a corner in said utility easement; thence S89002'54"W along a line of said utility easement, 98.59 feet to a corner of said utility easement, said corner being 10.00 feet normally distant east of the west line of said Lot 5; thence S00048'50"E along a line of said utility easement, 365.84 feet to a point on the south line of said Lot 6; thence S89001 28"W along the south line of said Lots 6 and 1,73.14 feet to the intersection with a line of said utility easement; thence N00048'50"W along a line of said utility easement, 385.87 feet to a corner of said utility easement, said corner being 10.00 feet normally distant south of a north line of said Lot 6; thence N89002'54"E parallel with a north line of said Lot 6, 63.14 feet to the point of beginning, EXCEPT that part of said Lot 1 described as follows: Commencing at the most southerly SE corner of said Lot 1: thence S89001'28"W along the south line of said Lot 1, 10.00 feet; thence N00048'50"W parallel with an east line of said Lot 1k 20.00 feet to a corner of said utility easement and for a point of beginning; thence continuing N00048'50"W along a line of said utility easement, 345.85 feet to a corner of said utility easement, said corner being 30.00 feet normally distant south of a north line of said Lot 1: thence S89002'54"W along a line of said utility easement, 33.14 feet to a corner of said utility easement; thence S00048'50"E along a line of said utility easement, 345.86 feet to a corner of said utility easement, said corner being 20.00 feet normally distant north of the south line of said Lot 1; thence N89001'28"E along a line of said utility easement, 33.14 feet to the point of beginning. Complete Access Control Vacation - The 40.00 foot major opening to Lot 1 on 127th Street East as granted in 127th Retail Addition, Wichita, Sedgwick County, Kansas. The north 31.50 feet of the north line of Lot 6, 127th Retail Addition, Wichita, Sedgwick County, Kansas. The east 2.00 feet of the north line of Lot 2, 127th Retail Addition, Wichita, Sedgwick County, Kansas. The west 5.00 feet of the north line of Lot 3, 127th Retail Addition, Wichita, Sedgwick County, Kansas. Generally located at the southwest corner of 127th Street East and Central Avenue. REASON FOR REQUEST: To relocate the complete access control along 127th Street East and Central Avenue as platted in 127th Retail Addition and vacate utility easements for future development of the site. The applicant is requesting to relocate the complete access control along 127th Street East and Central Avenue as platted in 127th Retail Addition and vacate utility easements for future development of the site Based upon the information available prior to the public hearing, staff recommends the MAPC make the following findings and recommendation to the City Council: A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Daily Reporter of notice of this vacation proceeding one time October 20, 2000, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described access control and utility easement, and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner(s), the prayer of the petition ought to be granted. B. Therefore, the vacation of access control and utility easement as described in the petition should be approved subject to the following conditions: 1. The applicant shall dedicate access controls along Central and 127th Street East to reflect the relocated openings as denoted on the site plan. 2. The applicant shall establish a joint access easement by separate instrument between Lots 1 & 6 and Lots 1, 2 & 3. 3. A guarantee shall be submitted for the abandonment and construction of the relocated sanitary sewer line. 4. A temporary easement shall be dedicated by separate instrument until relocation of the sanitary sewer line is complete. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. The applicant shall dedicate access controls along Central and 127th Street East to reflect the relocated openings as denoted on the site plan. 1. The applicant shall establish a joint access easement by separate instrument between Lots 1 & 6 and Lots 1, 2 & 3. 2. A guarantee shall be submitted for the abandonment and construction of the relocated sanitary sewer line. 3. A temporary easement shall be dedicated by separate instrument until relocation of the sanitary sewer line is complete. ---------------------------------------------- 3/5. VAC2000-49 - West Wichita Development, Inc., c/o Jay Russell requests to amend the plattor's text on property described as: Reserve "H" Auburn Hills 5th Addition, Wichita, Sedgwick County, Kansas. Generally located north of Kellogg, east of 151st Street West. The applicant is requesting to amend the dedicated usages of Reserve "H," Auburn Hills 5th Addition, to include golf course and golf course-related facilities. Based upon the information available prior to the public hearing, staff recommends the MAPC make the following findings and recommendation to the City Council: A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Daily Reporter of notice of this vacation proceeding one time October 20, 2000, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described dedicated usages, and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner(s), the prayer of the petition ought to be granted. B. Therefore, the vacation and amendment of the existing plat text to allow golf course-related facilities to be built on Reserve "H", Auburn Hills 5th Addition, described in the petition should be approved subject to the following condition: 1. Structures on Reserve "H" Auburn Hills 5th Addition, shall be limited to golf course and golf course- related facilities. SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 1. Structures on Reserve "H" Auburn Hills 5th Addition, shall be limited to golf course and golf course-related facilities. ------------------------------------------------------ 3/2. VAC2000-00046 - W. June Poston requests the vacation of the maintenance easement and side yard setback, described as: Maintenance Easement: The west 5 feet of Lot 4, Block 1, Crestview Country Club Estates, Overbrook 4th Addition to Wichita, Sedgwick County, Kansas, except the north 10 feet and the south 20 feet thereof. Side Yard Setback: The west 12 feet of Lot 4, Block 1, Wichita, Sedgwick, County, Kansas. Generally located east of 143rd Street, north of Central. Maintenance Easement: The west 5 feet of Lot 4, Block 1, Crestview Country Club Estates, Overbrook 4th Addition to Wichita, Sedgwick County, Kansas, except the north 10 feet and the south 20 feet thereof. Side Yard Setback: The west 12 feet of Lot 4, Block 1, Wichita, Sedgwick, County, Kansas. Generally located east of 143rd Street, north of Central (14417 Killarney). REASON FOR REQUEST: Construction of a house addition CURRENT ZONING: "SF-6" Single-Family Residential The maintenance easement and side yard setback use are established for development of a zero lot line dwelling on Lot 5. Lots 4 and 5 are in common ownership and no dwelling is intended for Lot 4. Based upon the information available prior to the public hearing, staff recommends the MAPC make the following findings and recommendation to the City Council: A. That after being duly and fully informed as to fully understand the true nature of this petition and the propriety of granting the same, the MAPC makes the following findings: 1. That due and legal notice has been given by publication as required by law, by publication in the Daily Reporter of notice of this vacation proceeding one time October 20, 2000, which was at least 20 days prior to this public hearing. 2. That no private rights will be injured or endangered by the vacation of the above-described maintenance easement and side yard setback and the public will suffer no loss or inconvenience thereby. 3. In justice to the petitioner(s), the prayer of the petition ought to be granted. B. Therefore, the vacation of the maintenance easement and side yard setback described in the petition should be approved subject to the following conditions: SUBDIVISION COMMITTEE'S RECOMMENDED ACTION: The Subdivision Committee recommends approval subject to the following conditions: 4. The applicant shall submit a restrictive covenant that ties together Lots 4 & 5. BARRY CARROLL, Planning staff, "This is a request to vacate a maintenance easement and side yard at 14417 Killarney Court." OSBORNE-HOWES "I noticed that this was not a unanimous decision and I just wanted to hear from the person who voted against it." WARREN "I was that person. The reason I voted against it wasn't because I was against it. I was against a condition. One of the conditions we placed on that was that we require her to follow restrictive covenants, and I would assume that that was to protect somebody down the road. More I think the protective covenants were maybe being filed as a point of disclosure. A notice to the public, I guess. I don't know why. The reason I opposed it was this. The folks that were making this application own two lots. They want to build over a property line, which could be approved normally by Glen Wiltse in Inspection. We wouldn't even get into it. But in this case, there was an easement that crossed it. So, No. 1, what she was asking for was very normal and natural. Something that normally she could do. Because of this easement, then it came before us. My feeling was this. The easement is not used, it has no planned use and we probably had no choice but to grant removal of that easement upon that request. So I didn't feel it was necessary that we have that restrictive covenant to foul up the title. That is the reason I voted against the motion. I didn't like the condition we put across it to make her file a restrictive covenant." OSBORNE-HOWES "But you are not against it?" WARREN "Oh, no. I am not against what she is doing, but I am against the condition that she file a restrictive covenant. That is the reason I voted against it. I think it is a very legitimate request she is asking for and I think we ought to approve it as she has applied for it without the condition of a Restrictive Covenant." CARROLL "I just wanted to say that the applicant has secured an attorney and is putting together a restrictive covenant, maybe you already have that." POSTON (From the audience) "We ought to have it today or tomorrow." CARRAHER "Are there any other questions of staff?" KROUT "I may have asked about this myself, but I just don't remember at the time. There is no change in access. There would be access to both of these lots, Neil?"" POSTON (From the audience) "The lots have been combined into one." KROUT "Yeah, but I think that what Commissioner Warren is saying is that if you decided tomorrow that you wanted to build a separate house on each of these lots, why shouldn't you be permitted to do that? Why should you have to tie these lots together as long as the access remains the same. The reason we usually tie lots together is because we are trying to prevent a land-locking situation where one lot doesn't have access that is behind another lot, but in this case, I just don't remember the facts. I may have asked the question about this earlier, but I am not sure that I see the reason for tying the lots together myself." CARRAHER "Ma'am, I will give you an opportunity to speak in a moment, but since you have responded to a question, could I get your name and address for the record?" Barfield arrived at the meeting at 1:15 p.m. JUNE POSTON "Yes. I live at 14417 Killarney Court." CARRAHER "Are there any questions of staff at this time?" MICHAELIS "I was jut going to help answer Mr. Krout's question. The main reason is because that was the request of the applicant. They own both the lots and request to tie them into one. They want to add on an addition to the house that would extend over onto the other one, and they want to restrict any possible future building. So it was their request to turn them into one lot." KROUT "It seems to me that that is something they could do privately." CARRAHER "Does staff have anything to add?" CARROLL "All I would state is that is the setbacks are going to be used for development of a zero lot line dwelling on Lot 5. Lots 4 and 5 are in common ownership and no dwelling is intended for Lot 4." MILLER "She is building a patio or an addition that will cross over the lot line." KROUT "Okay. I remember. Was this platted with side yard setbacks? Yes? Okay. Then we are removing the side yard setbacks now. So what we are trying to prevent is a house that is 5 feet away from another by tying the lots together, which we would otherwise do. Okay. I remember asking the question, but didn't know the response. I think it does make sense to tie the lots together in this case." CARRAHER "Mr. Carroll, is there anything else you want to add? Are there any other questions of staff? Thank you. Would the applicant like to state something for the record. Please approach the podium." POSTON "Thank you. Sometime this past summer, I decided that I wanted to add onto my house. My builder informed me that in order to do that, I would have to legally combine the two lots as the addition would be extending over to that side. So I combined those two lots. They came down for the building permit and they couldn't get one because all of this stuff is going on. Now, all I want is just a building permit. That is all I want. I think it is all settled. My builder is standing by and if I don't get him pretty soon, I am going to lose him. Thank you." CARRAHER "Are there any questions for Ms. Poston?" WARNER "What did you do to combine the two lots?" POSTON "I simply went to the County Court house and requested a combination of the two lots. It took about 10 minutes. I have the little card to prove that it has now been done. The Restrictive Covenant thing you were talking about is in the works. I have it ready. All I have to do is to take it to a notary and get it back to her to make sure it gets on my deed, although I thought that was very unnecessary. But I will do it." CARRAHER "Are there any further questions of the applicant? Thank you, Ms. Poston. I will move this back tot he Commission." WARREN "I would just like to clarify one thing, and that is that the Restrictive Covenants I don't think carry much of a request on behalf of the applicant." MICHAELIS "I am not saying the Restrictive Covenants. I said the combination of the two lots. She wanted to combine them." WARREN "But we are not doing anything here that I see that is really going to join the two lots. What I think she says she has done is to go to the County Clerk and they have joined them as tax lots, but I don't think there has been anything done that is going to legally join them. In other words there is going to have to be a replat or something to join those lots. We can talk about joining the lots." CARRAHER "Before we move on, if we could have the members of the Commission speak up. I want to make sure we get everything for the record." WARNER "Unless I misunderstand, the covenants were done as a requirement as a matter so that she would not have to replat this thing and take whatever time involved to require her to replat. This seemed to be the simplest, easiest way to do it so she could proceed to build onto her home." WARREN "I would just like to comment, for the record, that we build across lot lines all of the time without having to replat. That is not unusual. " Johnson arrived at 1:25 p.m. PLATT "We are vacating the only way to bring the utilities into the one lot. So if you attempt to prevent someone in the future from having a lot that is not served by utilities to prevent her from having to go through the replat, we are." CARRAHER "Is there any further commentary or questions by the Commission? I will open the floor for a motion." MOTION: That the request be approved. HENTZEN moved, WARNER seconded the motion. VOTE ON THE MOTION: The motion carried with 11 votes in favor. There was no opposition. --------------------------------- CHRIS CARRAHER, 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. ------------------------------------------------------------------------------------ ZONING: 4. Case No. ZON2000-00036 - Ernest A. and Doris Irene Jordan (Owner/Applicant); Stephen M. Jordan (Agent), request a zone change from "SF-6" Single-Family Residential to "LC" Limited Commercial on property described as: Lots 1-10, inclusive, Block D, West Maple Gardens Addition, Wichita, Sedgwick County, Kansas. Generally located at the northwest corner of Taft and Julia. SCOTT KNEBEL, Planning staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: The applicant requests a zone change from "SF-6" Single-Family Residential to "LC" Limited Commercial on a 3.7 acre platted tract located at the northwest corner of Taft and Julia. The applicant proposes to develop the site with commercial uses. The surrounding area is characterized by large-scale commercial development south of Taft and single-family residential development north of Taft. The property west of the site across Brummet is zoned "SF-6" Single-Family Residential and is developed with single-family residences. The property north of the site across University right-of-way (street not constructed) is zoned "SF-6" Single-Family Residential and is undeveloped. The property east of the site across Julia is zoned "SF-6" Single Family Residential and is developed with two single-family residences and three vacant residential lots. The property south of the site across Taft is zoned "GC" General Commercial and is developed with a Wal-Mart. The surrounding area also is characterized by its proximity to the Mid-Continent Airport. The subject property is located under the approach to Mid-Continent Airport approximately one mile north of the end of the runway. Due to its location, the site is subjected to significant noise from aircraft. CASE HISTORY: The site is in the West Maple Gardens Addition, which was recorded February 1, 1956. An application for "LC" Limited Commercial zoning (Z-3317) on the entire subject property was submitted by the applicant on February 22, 1999 and was subsequently withdrawn prior to hearing by the MAPC. On September 11, 2000, the MAPC heard a request by the applicant for "NR" Neighborhood Retail and "TF-3" Two-Family Residential zoning on the subject property. At that hearing, the applicant indicated that neighboring property owners had expressed opposition to the proposed duplexes and instead preferred the site to be developed with entirely commercial properties. Therefore, the applicant requested, and the MAPC approved, that the site be re-advertised for a zone change "LC" Limited Commercial on the entire subject property. ADJACENT ZONING AND LAND USE: NORTH: "SF-6" Undeveloped SOUTH: "GC" Retail, General EAST: "SF-6" Single-Family WEST: "SF-6" Single-Family PUBLIC SERVICES: The site has access to Taft, Julia, Brummet, and University. University is right-of-way only, and the street has not been constructed. Brummet is an unpaved local street. Taft is a four-lane collector street with traffic volumes of approximately 10,500 vehicles per day. Julia is a two-lane collector street with traffic volumes of approximately 8,500 vehicles per day. The 2030 Transportation Plan does not estimate future traffic volumes for Taft or Julia. If the property were developed entirely with high-traffic generating uses permitted in the "LC" Limited Commercial district such as convenience stores or drive-thru restaurants, the subject property could generate up to 3,600-4,500 additional vehicles per day. If the property were developed with a small strip shopping center containing specialty retail, service businesses, and small sit-down restaurants, the subject property would generate up to 1,250-1,500 additional vehicles per day. Given the already high traffic volumes on Taft and Julia, any commercial development on the subject property will impact the ability of the surrounding collector streets to carry through traffic to the regional commercial center to the south. Therefore, planning staff recommends replatting of the property to address traffic issues. Depending upon the type of development approved for the site, planning staff will recommend conditions of replatting that may include: dedication of additional right-of-way, additional access control, and traffic improvements such as turn lanes, through lanes, and/or traffic signals. CONFORMANCE TO PLANS/POLICIES: The Land Use Guide of the 1999 Update to the Comprehensive Plan identifies this area as appropriate for "Low Density Residential" development. The Commercial Locational Guidelines indicate that commercial convenience centers ranging in size from 2-4 acres are typically expected to develop at one or more corners of arterial intersections and may be appropriately located at the intersection of an arterial and a collector street, where proper turn lanes are in place or planned. The subject property is located at the intersection of two collector streets with traffic volumes approaching those of an arterial street. The Commercial Locational Guidelines also indicate that commercial development should have require site design features that limit noise, lighting, and other aspects of commercial activity that may adversely impact surrounding residential land uses. RECOMMENDATION: Planning staff finds the subject property appropriate for commercial development for a number of reasons. First, the high traffic on Taft and Julia and the site's proximity to a regional commercial center make it unlikely that it would be developed as single-family. Second, the site is significantly impacted by noise from Mid-Continent Airport, which further reduces the likelihood that the site will develop with single-family residences. Third, the owners of the nearby properties along Julia are actively marketing their properties as commercial properties even though they are zoned residential, thus indicating a perception by neighbors that the Julia corridor between Taft and Maple is appropriate for commercial development. Fourth, the Comprehensive Plan indicates that commercial convenience centers are appropriate for high traffic intersections if proper turn lanes are provided. While planning staff finds the subject property appropriate for commercial development, the types of uses permitted by the "LC" Limited Commercial zoning district (i.e., drive through restaurants, convenience stores, auto-related uses) are too intense for the site and would likely lead to congestion on the surrounding collector streets and adverse impacts from lighting, noise, and trash on surrounding residential land uses. Planning staff finds the subject property to be suitable for commercial development consisting of specialty retail, service businesses, and small, sit-down restaurants. These types of uses are permitted by the "NR" Neighborhood Retail zoning district. In addition, planning staff recommends site design features to limit the impact of commercial development on surrounding residential uses. Based upon these factors and information available prior to the public hearings, planning staff recommends that the request for "LC" Limited Commercial zoning be DENIED and instead that "NR" Neighborhood Retail zoning be APPROVED, subject to replatting within one year and the following provisions of a Protective Overlay: 1. A 6 foot high masonry wall shall be constructed parallel to the west property line. A 15 foot deep landscaped buffer shall be provided along the entire length of the west property line on the west side of the masonry wall. The landscaped buffer shall be planted with 1 shade tree or 2 ornamental trees per 30 lineal feet of frontage along Brummet. 2. If the vacant property north of the site develops with residential uses, a 6 foot high masonry wall shall be constructed along the north property line. 3. Light poles shall be limited to a maximum height of 14 feet. 4. Building exteriors shall share uniform architectural character and shall be predominantly earth-tone colors with vivid colors limited to incidental accent. Extensive use of backlit canopies and neon or fluorescent tube lighting on buildings shall not be permitted. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood: The surrounding area is characterized by large-scale commercial development south of Taft and single-family residential development north of Taft. The zoning north, west, and east of the site is "SF-6" Single Family Residential. The zoning south of the site is "GC" General Commercial. The properties fronting Julia between Maple and Taft are mostly vacant and are being marketed as commercial properties despite their residential zoning. The surrounding area also is characterized by its proximity to the Mid-Continent Airport. The subject property is located under the approach to Mid- Continent Airport approximately one mile north of the end of the runway. Due to its location, the site is subjected to significant noise from aircraft. 2. The suitability of the subject property for the uses to which it has been restricted: The site is zoned "SF-6" Single-Family Residential, which accommodates moderate-density single-family residential development and complementary land uses. Given the site's location along high-traffic streets, near a regional commercial center, and under the approach to an airport, it is unlikely that the site will develop with single-family residential uses. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: Detrimental affects should be minimized by securing traffic improvements through replatting and by the recommended site design features. 4. Length of time the subject property has remained vacant as zoned: The subject property was platted into single-family residential lots in 1956 and has yet to develop with single-family residential units. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan and policies: Although the Land Use Guide of the 1999 Update to the Comprehensive Plan identifies this area as appropriate for "Low Density Residential" development, the Commercial Locational Guidelines indicated that commercial convenience centers ranging in size from 2-4 acres may be appropriately located at the intersection of an arterial and a collector street, where proper turn lanes are in place or planned. The subject property meets these criteria since it is located at the intersection of two collector streets with traffic volumes approaching those of an arterial street. 6. Impact of the proposed development on community facilities: Community facilities should not be adversely impacted as long as sufficient right-of-way, access controls, and traffic improvements are provided for through the replatting process. KNEBEL "The surrounding area to this application is characterized by residential properties in three directions and commercial properties to the south. The property is vacant at this time. The residential property to the north is primarily vacant. There is a very low density development on it at this point. There is more vacant residential property to the northeast and partially developed residential property to the east. There is residential property to the west. The area is also near Mid-Continent Airport and is basically directly under the approach to one of the runways. This case may be familiar to most of you as you heard it on September 11 as a request for Neighborhood Retail and Two-Family zoning. It is basically Neighborhood Retail along Julia and Two-Family along Brummet. At that hearing, the applicant indicated that he had received some comments at the District Advisory Board from neighboring property owners speaking against the duplex zoning and he requested that you direct the re-advertising of this case for Limited Commercial zoning for the entire tract, which was done. The site has access to four streets or four-street right-of-way. University is here (indicating); the street is not constructed. You also have Brummet running north/south, then Julia and then Taft. Julia and Taft are both collector streets. Taft has over 10,000 vehicles per day; Julia has over 8,000 vehicles per day currently. Since they are not arterials, they are not projected as far as future traffic volumes in the Transportation Plan. We did do a little bit of projecting, as you can see in the staff report, regarding the impact of commercial development on this property on those two streets. What we came up with was an estimate of 3,600 to 4,500 vehicles per day if the property were developed with high traffic generating uses, such as convenience stores, drive-through restaurants, other auto related uses, or a lower increase in traffic, around 1,200 to 1,500 if the property were developed with more retail and specialty services and smaller sit-down restaurants. Given the fact that you already have high traffic volumes on both Taft and Julia and that their purpose is to serve as a collector street to bring regional traffic to the larger commercial areas located to the south along Kellogg. Planning staff is recommending that the property be re-platted; if the zoning change is to be approved and that the purpose of that re- platting would be to establish access controls and off-site traffic improvements that would be necessary to ensure that the impact of the commercial development on this particular property would not impact the ability of those two streets to carry traffic to the larger commercial areas to the south. The recommendation section indicates that the Planning staff finds the subject property appropriate for commercial development. There are a number of reasons including high traffic; the impact of the airport on the property, the marketing of nearby properties that are zoned residential as commercial properties, which indicates a perception that the area is appropriate for commercial development by property owners in the area. Also, the location adjacent to two heavily trafficked collector streets. While we do recognize that the property is appropriate for commercial development, we don't think the property is appropriate for the types of uses permitted in the Limited Commercial district. Those types of uses that we think would have a very negative impact on the ability of these two streets to carry through traffic, such as drive- through restaurants and convenience stores or the things that we see would be a detriment by approving Limited Commercial zoning. Instead, we think the property would more appropriately be developed with retail, or smaller scaled businesses, and those types of businesses are permitted in the Neighborhood Retail district. Therefore, we have recommended that the request for Limited Commercial be denied and instead that Neighborhood Retail be approved, subject to platting and to some conditions that would limit the impact of the development on the neighboring property. Those conditions are: a masonry wall, landscaping, limiting the height of the light poles and some architectural and design features for the buildings that would be constructed on this. This case was heard by the District Advisory Board, and I will let Dale explain the findings they had to you." MILLER "The D.A.B. recommended approval, but what they wanted was to recommend 'LC', subject to the applicant and staff getting together and coming up with a Protective Overlay that would restrict out certain 'LC' uses that we could agree on. The applicant was at the meeting and indicated that he saw the sight as being something like Towne West. He wanted an anchor store and then smaller stores that would then be attracted to an anchor store. I tried to explain to the D.A.B. that the difference 'NR' and 'LC' was basically some of the more intense uses, like restaurants with drive-throughs, convenience stores, restaurants and things, but that the 'NR' district also had a maximum size on any individual business of 8,000 square feet and that restaurants were restricted to 2,000 square feet. It also had a prohibition against outside storage, which 'LC' doesn't and some other things like that. But they felt like 'LC' was the appropriate district, but that there ought to be some use limitations included. We are supposed to get together with the applicant and work that out. So I guess we are kind of waiting to see what happens here before we meet with them. That was their recommendation." KNEBEL "That includes the staff's remarks on this case." CARRAHER "Are there any questions of staff?" HENTZEN "Scott, when we had this up here before, did the applicant apply for 'NR' or 'LC'?" KNEBEL "Well, and I kind of skipped though that, actually the applicant originally, back in 1999 had applied for Limited Commercial zoning. A couple of weeks ago, he did apply for Neighborhood Retail and 'TF-3'." HENTZEN "Neighborhood Retail. And we didn't grant it?" KNEBEL "That is correct." HENTZEN "As I remember, we suggested, due to what he said about the neighbors opposing triplexes, that he would get 'LC'. What did you recommend when he was up here a couple of weeks ago?" KNEBEL "We recommended approval of Neighborhood Retail and 'TF-3'." HENTZEN "And now he has applied for 'LC' and the D.A.B. said yes, except for a few itemized uses." KNEBEL "I wasn't there, but yeah, that is what I understood Mr. Miller to say." MILLER "They are recommending 'LC' subject to us working on a list of prohibited uses, yes." KNEBEL "I don't believe they did indicate the specific uses, did they?" MILLER "Other than a restaurant with a drive-through and a convenience store. Those are the only two they identified." HENTZEN "Okay." KROUT "Dale, besides use limitations, the Neighborhood Retail district also has stricter sign regulations because it is supposed to be more compatible with nearby residential areas. Did they talk about sign regulations and feel that that wasn't an issue in this case?" MILLER "They didn't discuss that." WARREN "Are we going to have an applicant speak to this, do you know?" CARRAHER "Yes, in just a moment. Are there any further questions of Mr. Knebel?" BARFIELD "It appears to me that basically what we are suggesting or recommending today is the very thing we turned down the last time he was here. I assume that the only deviation here is the duplexes." KNEBEL "Actually there was no decision to deny the request last time. The decision of the Planning Commission was to re-advertise the case for Limited Commercial zoning as the request for the entire subject property." BARFIELD "Well, wouldn't we have to deny his original application before we get to that point?" KNEBEL "No. You could direct staff to re-advertise it again today for yet another zoning classification if you so chose." BARIFELD "I guess that is my point. That is exactly what we did. He agreed and we agreed to re-advertise it. Now it is back and we are denying the 'LC' and recommending 'NR', which is what he applied for originally, the way I read it." KNEBEL "That is correct. Staff has not changed our position on this particular application." CARRAHER "Are there any other questions for staff? Thank you, Mr. Knebel. Has anyone had any ex parte contact disclosures that need to be made regarding this item? Okay. Is the applicant in attendance for this item? No? Okay, that is unusual. I guess we will move it to the audience. Is there anybody in the audience who is here to speak either in favor of or in opposition to Item No. 4. Seeing none, we will move it back to the Commission." WARREN "I have a question of staff, whoever worked with these people. Somehow would it foul them up if we were to defer this and take a look at maybe what they have asked for and what apparently D.A.B. has approved to create the 'LC' zoning with a Protective Overlay as opposed to 'NR'? Either one of them could work, but I think the Protective Overlay on the 'LC', if it was agreeable to the community members." KNEBEL "It doesn't matter to me one way or the other." WARREN "You don't think that a two-week delay is going to make any difference?" KNEBEL "I don't know. I can't speak for the applicant." JOHNSON "Dale, or Marvin, if the motion was made the same as D.A.B., then basically you guys are going to work with them and come up with some kind of an overlay? Let me ask, was the applicant at the D.A.B. meeting?" MILLER "Yes." JOHNSON "It makes it a little bit awkward with him not being here." KROUT "My recommendation to you is that you defer it for two weeks. That will give us time to talk to the applicant; identify for you and for him all of the differences between Neighborhood Retail and 'LC" and find out what he is and isn't agreeable to. I think right now, we would be in a quandary to try to get something together for the City Council." CARRAHER "Mr. Johnson, would you care to make such a motion?" JOHNSON "Unless there is some other discussion." MOTION: That the item be deferred for 4 weeks and that staff get with the applicant and get this overlay worked out. JOHNSON moved, WARNER seconded the motion. CARRAHER "Did anyone have a question regarding the motion?" MARNELL "I have a question for Scott. On condition No. 1, you required a landscaped buffer, and on Item No. 2, it says 'if the vacant property north develops with residential uses'. Is there a reason that those weren't identical?" KNEBEL "I think the only reason I didn't put it in there is that I have spoken with the gentleman that owns the property to the north who has indicated that he is watching this application and has said he intends to apply for commercial zoning if it is approved. It was just kind of an oversight. It probably does make sense to have them be consistent." HENTZEN "Fellas and ladies, we have already had public hearing on this a couple of weeks ago, now we have had another one. I think we ought to vote on granting the application, subject to the Protective Overlay that the D.A.B. suggested. It sounds like the vote we have had in Florida. We are going to delay and delay and delay. There is nobody here in opposition. There really wasn't anybody here in opposition the last time. Why are we delaying?" PLATT "I certainly can't vote for a Protective Overlay when we don't know what is in it. Since the D.A.B. didn't suggest what ought to be in it and the applicant didn't make any suggestions, I don't see how we can possibly vote to approve it subject to a Protective Overlay when we don't know what it protects. I don't see any choice but to delay it." MARNELL "I agree with Dr. Platt on that that either we approve the application for the original 'LC' zoning, or we defer it. One of the two, but not something half-baked in between." HENTZEN "Well, we had staff there at the D.A.B. meeting. If we needed to have that as a recommendation, surely the D.A.B. should have been told that and they could have told us what they wanted in the overlay." MILLER "I attempted to get them to clarify what they wanted and they were not able to do so." HENTZEN "So they adjourned the meeting and you went home, huh?" MILLER "Well, I was there until 10:43." GAROFALO "Dale, the applicant was there at the D.A.B. meeting?" MILLER "Correct." GAROFALO "Did he say anything about the Protective Overlay?" MILLER "He just said he wanted to be as flexible as possible and was agreeable to eliminating the convenience store and the drive-through restaurant." GAROFALO "So apparently, he wouldn't be opposed to some sort of overlay?" MILLER "That was the impression I had, but it is just a question of what it is." OSBORNE-HOWES "Another choice would be if we needed to vote on something today, we could just vote on the Neighborhood Retail." MOTION: That the question be called. WARNER moved, WARREN seconded the motion, and it carried with 11 votes in favor. Marnell opposed. VOTE ON THE MOTION: The motion carried with 8 votes in favor (Warren, Johnson, Osborne-Howes, Warner, Platt, Carraher, Garofalo, and Barfield), and 4 in opposition (McKay, Marnell, Michaelis, Hentzen). ------------------------------------------------------ 5. Case No. CON2000-00041 - Bill L. Bailey (Owner/Applicant) request a Sedgwick County Conditional Use to allow a rural home occupation on property described as: A tract of land described as beginning 166.5 feet north of southeast corner of northeast quarter of section 33, township 25 south, range 1 west of the 6th p.m.; thence north 166.5 feet; thence west parallel with the south line 11318.3 feet; thence south parallel with east line 166.5 feet; thence east parallel with south line to point of beginning, Sedgwick County, Kansas. Generally located west of Ridge Road, 1/2 mile south of 85th street and 1/2 mile north of 77th Street North. BARRY CARROLL, Planning staff, pointed out land use and zoning; and showed slides of the general area. He reviewed the following staff report: BACKGROUND: In July 2000, County Code Enforcement staff received an anonymous complaint regarding the applicant's property. County Code Enforcement staff made an inspection and found "manufactured homes, other than a residence, and stored and inoperable vehicles plus parts" on site. A letter was forwarded to the applicant on August 8, 2000 with instructions to remove the items or face citations. In the interim, the applicant applied for a "Legal Non- Conforming Use for the storage of construction equipment, materials and trailers." On August 22, 2000 a letter was forwarded from the Director of County Code Enforcement that denied the request. At this point, County staff suggested that the applicant could apply for a Rural Home Occupation that would require approval of a Conditional Use. County staff is taking no further enforcement action until a decision is reached regarding the pending Conditional Use request. Consequently, the applicant is requesting a Conditional Use for a Rural Home Occupation on a 5.038-acre tract located on the west side of Ridge Road, ½ mile south of 85th and ½ mile north of 77th. The property is narrow in width (north to south) and long in depth (east to west). There are some trees that screen the north and south property lines at the eastern end of the property (near Ridge Road). Although the property is zoned for rural residential use, it is currently being used as a residence, an office and storage for the applicant's construction business. The applicant has no full time and only part-time seasonal employees. There are no sales conducted on the property. The applicant has owned the property since 1989. In 1990, the applicant's manufactured home and storage buildings were destroyed in a tornado. He currently lives in a manufactured home on-site (see site plan). The application area has one large metal storage shed and an assortment of small sheds and chicken coups. The applicant, a Navy WWII veteran, has chickens, ducks, geese, dogs and other wildlife on the property. The west end of the property is set aside as a wildlife refuge and has no storage materials or sheds. There are several small ponds on the property as well. There is a backhoe, a dump truck and trailer and pick-up truck on-site. There is construction-related material stored on the grounds as well. There are two small, non-residential, manufactured homes on site. One has been refurbished and the other is in the process of being refurbished. The applicant leases the small mobile homes to construction companies on an as-needed basis. These small manufactured homes are routinely returned, refurbished, leased, and stored on-site until needed again. Construction sales and service is first permitted in the "GC" General Commercial zoning district per UZC unless the business is primarily a retail business and not a wholesale or service business. In that situation, it is a permitted use in the "LC" Limited Commercial zone. The applicant wants to continue to use his property, as he has since 1989, as a residence and for storage of construction equipment and materials. The application area is located in an agricultural area that has "RR" Rural Residential zoning surrounding it on all sides. There are residences to the north and south of the property. The areas east, west and southwest are used for agricultural purposes. The applicant has submitted a site plan drawn to scale for review (see attached Site Plan). Additionally, the applicant has secured a petition, signed by ten of his neighbors, in support of his request for a Rural Home Occupation (see attached petition). ADJACENT ZONING AND LAND USE: NORTH: "RR" Rural Residential Residential/Agriculture EAST : "RR" Rural Residential Agriculture SOUTH: "RR" Rural Residential Residential/Agriculture WEST: "RR" Rural Residential Agriculture PUBLIC SERVICES: Access to the property is via Ridge Road, a two-lane arterial paved to county standard. Traffic volumes in 1997 were rated as 3,220 ADTs for the segment of Ridge Road between 77th and 85th. Volumes are predicted to increase to approximately 5,548 by 2030. The 1998-2003 Sedgwick County Capital Improvement Program does not include any improvements, at this time, for Ridge Road between 77th and 85th. The applicant has well water and a septic tank/lateral sewer system. Rural water is not available at the current time. 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 "rural residential" use. Rural Home Occupations may be allowed with a Conditional Use on sites in the "RR" and "SF-20" zoning districts under the following conditions: a) "Rural home occupations as specified in Sec. IV-E.7 that do not meet one or more of the stated conditions, but are limited to no less than five acres and no more than four non-residents employed in the home occupation, may be approved as Conditional Uses in accordance with the requirements and procedures for Conditional Uses in this code." RECOMMENDATION: The property will be developed in general conformance with the site plan approved by the MAPC or County Commission. Based on the information available prior to the public hearing, and a site plan showing the location of the construction office and storage, MAPD staff recommends the application be APPROVED, subject to the following conditions: 1. The Conditional Use shall only be permitted for a Rural Home Occupation involving a construction office and storage of construction equipment and materials. 2. The applicant shall consolidate all of his construction vehicles and materials into a storage yard that does not exceed 10,000 square feet, in the area generally indicated on the submitted site plan. 3. 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: The application area and adjacent properties are zoned "RR" Rural Residential. The land in the immediate vicinity of the property is used either for large-lot residential and/or agricultural purposes. The character of the application area is low-density rural residential. To the north and south are large-lot residential uses. The properties to the east, west and southwest have agricultural uses with a few large-lot residential uses. 2. The suitability of the subject property for the uses to which it has been restricted: The property could be used agriculturally or as a large-lot, low-density, residential use as it is today. The zoning code does, however, provide for certain non-residential uses to be permitted as a "home occupation" with an approved Conditional Use. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed Conditional Use introduces non-residential uses into an area that is reserved for low-density residential use area. Construction yards do not always blend well with residential or agricultural uses. The applicant has, however, met with his neighbors who have signed a petition in support of his request for a Rural Home Occupation (see petition). 4. The length of time the subject property has remained vacant as zoned: The property has been used as the applicant's residence, office and construction business site since 1989. 5. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The "Wichita Land Use Guide" in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for "rural residential" use. Rural Home Occupations may be allowed with a Conditional Use on sites in the "RR" and "SF-20" zoning districts under the following conditions: Rural home occupations as specified in Sec. IV-E.7 that do not meet one or more of the stated conditions, but are limited to no less than five acres and no more than four non-residents employed in the home occupation, may be approved as Conditional Uses in accordance with the requirements and procedures for Conditional Uses in this code." 6. Impact of the proposed development on community facilities: Traffic impact should be minimal. Currently, the applicant has well water and a septic/lateral sewage system. Granting this Conditional Use permit should have no negative impact on the general area. CARROLL "Mr. Bill Bailey, who is the owner-applicant, is here this afternoon. This is located west of Ridge Road, half a mile south of 85th Street and half a mile north of 77th Street. It is a little over 5 acres, a long narrow lot to the west. The proposed use is a rural home occupation. The site plan that you were given shows the long lot to the west. This area is surrounded by rural agricultural uses. This case was brought to our attention by the County Code Enforcement. In July, they received a complaint regarding Mr. Bailey's property. A letter was forwarded to him citing problems with inoperable vehicle parts and stored items. He attempted to get a legal non-conforming use and was denied that. The County staff then suggested that the applicant apply for a rural home occupation. The applicant has lived at this site since 1989 and just simply wants to continue doing what he has done over the years. He has no full-time and only part-time seasonal employees; there are no sales conducted on the property. I would note that he has a petition signed by his neighbors that are supporting of his request. The Wichita Comprehensive Plan permits a rural home occupation with the Rural Residential 'RR' zoning, so to summarize, we are recommending that it be approved, subject to the following three conditions: (1) That it only will be a rural home occupation regarding construction office and storage of construction equipment; (2) That the applicant consolidate all of his vehicles and materials into a storage yard that does not exceed 10,000 square feet and that any violation of this would render the Conditional Use null and void. I might add that I have not received any phone calls about this particular case." CARRAHER "Are there any questions for staff regarding the item?" PLATT "The staff comments say that the 10,000 square feet will be an area generally indicated on the submitted site plan. Where is that? I couldn't find it." CARROLL "It is in the back. Well, look on the second page where it says P and S. It is for parking and storage." PLATT "That P and S covers most of the site." CARROLL "The far west part of the site is not used. It is actually set aside as a wildlife preserve. Just the east part is used for storage." JOHNSON "I'm curious as to how the 10,000 square foot was arrived at?" CARROLL "That is in our Code." CARRAHER "Are there any further questions for staff regarding the item?" PLATT "I am still confused as to how much of the site is used just for storage. And my second question is, can it be enforced? Is there any way to make sure that the storage is where it is supposed to be?" CARROLL "The storage is on this end (indicating) and there are considerable trees on the eastern edge of the property on both sides. I think the County Code Enforcement people are aware of this case and will be monitoring it." KROUT "This was not one of the better site plans that have been submitted and you can see that it is in three pieces. It is a very long, narrow lot. If you were to put those three pieces together, you would see that the area that is identified as open storage is in the middle of the middle page. It is really an area of about 120 x 80 feet or something like that. Your xerox copies aren't quite as easy to read as the original, but does have some color outlines and the color outlines show that area as designated for outside storage. When we send this to County Code Enforcement, I think what we will do is piece those maps together and outline the outside storage area so it will be clear to them." CARRAHER "Are there any further questions of staff regarding this item? Thank you, Mr. Carroll. Would the applicant like to speak to the item?" BILL BAILEY "I have lived at this address for approximately 14 to 15 years, but I took possession in 1989. At the time which I have been in the City and the County as a contractor, as Bill Bailey Construction, I have lost a trailer in 1990 and had to replace that. Since then, I have been trying to build up my place and work outside at the same time. All I am asking for is a place, and all I have left in my construction agenda is a backhoe, a dump truck, a trailer and various supplies that I use for storage to move in and out. I have two trailers out there that we use for construction offices. I repair them and lease them out. They are on the place maybe 30 to 40% of the time. The rest of the time is gone. The rest of the time, all I am asking you is a place to park my equipment. The place he was referring to is way back to the middle part of the property. It is hardly noticeable from the road, or from either side, where I park my equipment. All I am asking is just permission to continue with my business like I have been doing it in the past years. Thank you." CARRAHER "Are there any questions for the applicant? Now, we will move it to the gallery. Is there anybody in the audience here to speak either in favor of or in opposition to the item? Seeing none, we will move it back to the Commission. What is the pleasure of 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 application area and adjacent properties are zoned "RR" Rural Residential. The land in the immediate vicinity of the property is used either for large-lot residential and/or agricultural purposes. The character of the application area is low-density rural residential. To the north and south are large-lot residential uses. The properties to the east, west and southwest have agricultural uses with a few large-lot residential uses. The suitability of the subject property for the uses to which it has been restricted: The property could be used agriculturally or as a large-lot, low-density, residential use as it is today. The zoning code does, however, provide for certain non-residential uses to be permitted as a "home occupation" with an approved Conditional Use. Extent to which removal of the restrictions will detrimentally affect nearby property: The proposed Conditional Use introduces non-residential uses into an area that is reserved for low-density residential use area. Construction yards do not always blend well with residential or agricultural uses. The applicant has, however, met with his neighbors who have signed a petition in support of his request for a Rural Home Occupation (see petition). The length of time the subject property has remained vacant as zoned: The property has been used as the applicant's residence, office and construction business site since 1989. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The "Wichita Land Use Guide" in the 1999 Update to the Wichita-Sedgwick County Comprehensive Plan identifies this area as appropriate for "rural residential" use. Rural Home Occupations may be allowed with a Conditional Use on sites in the "RR" and "SF-20" zoning districts under the following conditions: Rural home occupations as specified in Sec. IV-E.7 that do not meet one or more of the stated conditions, but are limited to no less than five acres and no more than four non-residents employed in the home occupation, may be approved as Conditional Uses in accordance with the requirements and procedures for Conditional Uses in this code." Impact of the proposed development on community facilities: Traffic impact should be minimal. Currently, the applicant has well water and a septic/lateral sewage system. Granting this Conditional Use permit should have no negative impact on the general area.) I move that we recommend to the governing body that the request be approved, subject to staff comments. HENTZEN moved, MCKAY seconded the motion, and it carried unanimously (12-0). ------------------------------------------------------------------- 6a. Case No. CON2000-00040 - City of Wichita Professional Engineering Corporation (Rob Hartman) and City of Wichita Sewer and Water Department (David Warren) request a Conditional Use to permit a treatment plant pump station and Government Service (fire station); and 6b. Case No. ZON2000-00046 - City of Wichita Professional Engineering Corporation (Rob Hartman) and City of Wichita Sewer and Water Department (David Warren) request a zone change from "SF-6" single-family residential to "LC" Limited Commercial on property described as: A tract of land in the Northwest Quarter of Section 12, Township 27 South, Range 2 West of the 6th P.M. described as beginning 30 feet South and 25 feet East of the Northwest corner of the Northwest Quarter of said Section 12, thence East 457.1 feet; thence South 15 feet; thence East 9.75 feet; thence South 451.85 feet; thence West 466.85 feet; thence North 466.85 feet to the beginning. EXCEPT A tract of land described as beginning on the West line, 450 feet South of the Northwest corner of the Northwest Quarter of Section 12, Township 27 South, Range 2 West; thence North along the West line of the Northwest Quarter a distance of 450 feet to the Northwest corner of the Northwest Quarter; thence East along the North line of the Northwest Quarter a distance of 482.10 feet; thence South 45 feet; thence East 9.75 feet; thence South 20 feet to a point 491.85 feet East and 65 feet South of the Northwest corner of the Northwest Quarter; thence West parallel to the North line of the Northwest Quarter, to a point 65 feet South and 50.59 feet East of the Northwest corner of the Northwest Quarter of Section 12; thence Southerly to a point 400 feet South and 40 feet East of the Northwest corner of the Northwest Quarter; thence Southerly to a point 450 feet South and 25 feet East of the Northwest corner of the Northwest Quarter of Section 12, thence West 25 feet to the point of beginning, as deeded to the Board of County Commissioners of Sedgwick County, Kansas, all in Sedgwick County, Kansas. Generally located on the southeast corner of 135th Street West and 21st Street North. 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 City of Wichita is currently developing a new wastewater treatment plant at 37th Street North and 135th Street West. In order for the new plant to effectively serve its designated service area, a pumping station is needed to pump sewage from the collection lines to the wastewater treatment plant. The collection lines feeding the pump station operate on gravity flow so the potential location of the pump station is strongly influenced by the station's elevation relative to the service area's collection system. The City has acquired 2.19 acres of "SF-6" Single-family Residential zoned land located at the southeast corner of 21st Street and 135th Street West. The City would like to develop the pump station, a fire station and two retail pad sites at this location. This location was selected after a lengthy analysis of possible sites by both city staff and a consultant. To accomplish this project, a Conditional Use permit to allow a "major utility" is necessary for the pump station. A Conditional Use to permit a "government service" is required for the fire station (if the parcel on which the fire station is proposed is not zoned "LC") and "LC" Limited Commercial is needed for the two-retail pad sites. The application area is currently developed with a home and outbuildings. A significant tree row exists along most of the east and south property lines. The proposed site plan indicates that the pump station is to occupy Parcel 4, located in the southeast corner of sites. Parcel 4 is 36,371 square feet in size. The pump station would be enclosed within a 40 by 60-foot building that is to be constructed of either brick or split-face block. Height of the building is expected to be 20 to 25 feet. No noise should be discernable from the pump station during normal operations as the pumps are driven by electric motors, except during emergency situations. A back-up generator will be on-site and may make some noise when it is utilized or test run. The latest odor control equipment will also be installed. A 50-foot building setback line is shown along the south and east property line. Access to Parcel 4 is via an access easement across Parcel 3 connecting to 135th Street or by an access drive located between Parcels 1 and 2 that leads to 21st Street. A 20-foot wide landscape buffer is depicted along the east and south property line. The only use proposed for Parcel 4 is a pump station. The pump station is scheduled to go in use in June 2002. Parcel 4 would remain zoned "SF-6" Single-family Residential even with the approval of the Conditional Use request. Parcel 3 is 45,400 square feet in size and is located in the southwest corner of the application area. A fire station may be located on Parcel 3. Adopted plans depict the need for a fire station in the 13th Street and 135th Street to 37th Street and 119th Street area. Construction for this station is scheduled for 2007. This parcel will have direct access to 135th Street. This parcel would also have access to 21st Street via an access drive that is centered on the lot line between Parcels 1 and 2. A 20-foot landscape buffer is depicted along the south property line. A 35-foot building setback is shown along 135th Street. In addition to the fire station, proposed uses are: all uses allowed in the "LC" zoning district except adult entertainment, group houses, group residential half-way houses, correctional placement residences, private clubs, taverns, drinking establishments, drive in or drive through restaurants, convenience stores, service stations, car wash or auto repair or supply store with overhead doors. Parcel 3 would be rezoned from SF-6 to "LC" Limited Commercial if this request is approved. If the "LC" rezoning is not approved, a Conditional Use to permit a "government service" is needed, as "government services" are permitted uses in the "LC" district, but require a "CU" in the "SF-6" district. Parcels 1 and 2 both front 21st Street. Parcel 1 also has frontage along 135th Street. Parcel 1contains approximately 49,720 square feet while Parcel 2 contains approximately 45,276 square feet. A 35-foot building setback is shown along the north side of Parcel 2 and along the north and west side of Parcel 1. Both parcels would take access from a single joint access drive off of 21st Street. Proposed uses for these two parcels are: all uses allowed in the "LC" zoning district except adult entertainment, group houses, group residential half-way houses, correctional placement residences, private clubs, taverns, and drinking establishments. Signage is proposed to be limited by the Sign Code. Landscape screening along the south property lines of Parcels 3 and 4 and along the east property line of Parcel 4 will be provided at 11/2 times minimum code standards. Lighting will be shielded to reflect away from residential areas. Trash receptacles will be screened to reasonably hide them from ground view. All neighboring land is zoned "SF-20" Single-family Residential, and developed with single-family residential or agricultural uses or is vacant. The Unified Zoning Code requires screening by fencing, evergreen vegetation or landscaped berms along the side and rear lot lines of nonresidential uses when those uses are adjacent to residential zoning. CASE HISTORY: The site was annexed by the City of Wichita in 2000. ADJACENT ZONING AND LAND USE: NORTH: "SF-20" Single-family Residential; single-family residences, church SOUTH: "SF-20" Single-family Residential; single-family residences EAST: "SF-20" Single-family Residential; vacant, Eberly Farms WEST: "SF-20" Single-family Residential; single-family residences PUBLIC SERVICES: 135th Street is currently a sand and gravel two lane arterial roadway. 21st Street is designated as a 4-lane arterial and is a paved road. Current traffic volumes are not available. No road improvement projects, other than those that will be required at the time of platting, appear to be planned for 135th Street. Neither public sewer nor water is currently available at this location. Capital Improvement Projects are scheduled in 2003 to extend water west ½ mile along 21st Street, and in 2005 to extend water two miles north, along 135th Street. Sewer service is expected to become available in June 2002. A lift station is required to extend and improve sanitary sewer service to northwest Wichita. Studies have indicated the need for a fire station in this general area. Locating a fire station in this location would improve service to northwest Wichita and near northwest Sedgwick County. CONFORMANCE TO PLANS/POLICIES: The "1999 Update to the Wichita-Sedgwick County Comprehensive Plan" contains an objective that states that the community is to "promote the development of a comprehensive set of sanitary sewer systems that provide the most economic and efficient service possible." Convenience commercial centers (2-4 acres in size) are encouraged to locate at the corner of arterial intersections. Retail commercial uses should be located in a manner which provides convenient access to the public and which minimizes detrimental impact to other adjacent land uses. Public safety services are to be developed in a manner that provides residents with the highest quality and most efficient public services. RECOMMENDATION: Based upon information available prior to the public hearings, planning staff recommends that the request be APPROVED, subject to the following conditions and Protective Overlay: Conditional Use A. Those parcels requiring a Conditional Use shall be developed and maintained in compliance with approved site plans and permitted uses listed on the approved site plan. B. Buildings on Parcel 4 shall be developed with an exterior of split face block or brick. If Parcel 3 is developed with a government service, it shall use exterior building materials similar to those used on Parcel 4. C. Prior to the issuance of a building permit, the applicant shall submit a landscape plan prepared by a Landscape Architect for approval by the Planning Director. D. Any violation of the conditions of approval shall declare the Conditional Use null and void. Protective Overlay for the "LC" Zoned Parcels A. Development shall occur on these parcels that is consistent with the approved site plan. B. Building coverage shall be limited to 30% of parcel size (Parcel 1: 14, 916 sq. ft.; Parcel 2: 13,582 sq. ft.; Parcel 3: 15,360 sq. ft.) and a floor area ratio of 35%. C. Signage shall be monument type signs that are a maximum of 20 feet in height and 100 square feet in area. No temporary display signs are permitted, including the use of commercial flags, portable signs, pennants, streamers, pinwheels, string lights, search lights, bunting, off-site signs and balloons. Banners are also prohibited except they may be permitted during the grand opening D. Lighting standards shall be architecturally similar and be a similar color and be limited to a maximum height of 14 feet. E. Buildings on Parcels 1 and 2 shall be developed with exterior building materials and colors that are consistent. If Parcel 3 is not developed with a government service, and is zoned "LC", then buildings built on Parcel 3 shall be developed with exterior architectural materials consistent with those on Parcels 1 and 2. Use of metal as an exterior facade is prohibited on all parcels. Exterior use of backlit canopies and neon or fluorescent tube lighting on buildings shall not be permitted. F. Prior to the issuance of a building permit, the applicant shall submit for approval by the Planning Director a landscape plan for all required landscaping prepared by a Landscape Architect that supercedes minimum code requirements by 1-1/2 times. G. If Parcel 3 is not developed with a government service, access along 135th Street should be limited to one drive shared by Parcels 1, 3 and 4. This recommendation is based on the following findings: 1. The zoning, uses and character of the neighborhood. Surrounding property is zoned "SF-20" Single-family Residential. Many of the lots are developed with large-lot residential uses, some are vacant and some are used for agricultural uses. The character of this area is that of semi-rural large-lot residential uses that will soon abut urban scale development and experience transition development pressures that accompany new construction, increased density and intensity of uses. 2. The suitability of the subject property for the uses to which it has been restricted. The site is currently zoned "SF-6" Single-family Residential, which is one of the most restrictive zoning districts in the code. It would be atypical for "SF-6" zoning to remain very long at the corner of the intersection of two arterial streets once the corner has been annexed and urban services become available. More intense zoning is typically seen on property located at the corner of two arterials. The size of the lots to be zoned "LC" are well under the six acres that are typically zoned for retail commercial uses. The pump station and fire station would be acceptable buffer uses for the adjoining lots located to south. These two uses can also be approved without a zone change. 3. Extent to which removal of the restrictions will detrimentally affect nearby property: The setbacks, fencing, landscaping and development controls applied to the application area should minimize any detrimental impacts to adjoining property. 4. Conformance of the requested change to the adopted or recognized Comprehensive Plan: The "Plan" contains an objective that states that the community is to "promote the development of a comprehensive set of sanitary sewer systems that provide the most economic and efficient service possible." Convenience commercial centers (2-4 acres in size) are encouraged to locate at the corner of arterial intersections. Retail commercial uses should be located in a manner which provides convenient access to the public and which minimizes detrimental impact to other adjacent land uses. Public safety services are to be developed in a manner that provides residents with the highest quality and most efficient public services. This proposal is consistent with those goals. 5. Impact of the proposed development on community facilities: Traffic generation will increase on those sites zoned "LC" when contrasted with "SF-6" zoning. The fire station and pump station will enhance and provide service in areas under served or lacking in service which will result in a positive impact. MILLER "The City of Wichita has purchased the application area, located on the southeast corner of 21st and 135th Street West. There are basically residential uses to the north and the northeast. There is a church further over; homes to the south and southwest and then ag uses there to the northwest and west. There should be a copy of the site plan in your packet that would be easier to follow. They have split this basically square tract into four parcels. The first two parcels that have frontage on 21st Street are proposed to be rezoned for 'LC' uses and they have proposed a Protective Overlay, or at least restricted the uses to 'LC' uses except adult entertainment, group houses, group residential, halfway houses, correctional placement residences, private clubs, taverns, and drinking establishments. They are also requesting 'LC' zoning on this parcel (indi