Metropolitan Area Planning Commission - Wichita-Sedgwick County Board of Zoning Appeals Meeting

Documenter name: Linda Shriver

Agency: Wichita-Sedgwick County Board of Zoning Appeals

Date: July 25, 2024

See more about this meeting at Documenters.org

The meeting was called to order at 1:30 p.m. by Chairman Bob Dool, with a PowerPoint presentation and audio stating the rules of conduct for the meeting.  Roll call was conducted with 12 commissioners present and 2 absent. In attendance were: Dool, Joe Johnson, Hugh Nicks, Taylor Zimbelman, John Williams-Bey, Chuck Warren, Leon Moeder, Bill Johnson, Bryan Frye, John McKay, Jr., Bob Aldrich and Curt Clonts.  Absent were: Cindy Miles and Joshua Blick.  Also in attendance were the Planning Director Scott Wadle, Current Plans Manager Phillip Zevenbergen, the zoning administrator, assistant district attorney, and deputy city counselor.  Members of the public numbered about 38, plus two documenters were in attendance.

There was a motion and second to approve the Metropolitan Area Planning Commission MAPC minutes of the June 27, 2024 meeting.  Motion carried.  There was a motion and second to approve the minutes of the MAPC meeting held July 11, 2024.  Motion carried.

CONSIDERATION OF SUBDIVISION COMMITTEE RECOMMENDATIONS

2.1. SUB2002-0045   Committee recommended to approve - taken on consent

2.2 SUB2024-00003  Committee recommended to approve - taken on consent

2.3 SUB2024-00035  Committee recommended to approve -taken on consent

2.4 SUB2024-00036  Committee recommended to approve -taken on consent

2.5 SUB2024-00037  Committee recommended to approve - taken on consent

Motion and second to approve all 5.  Motion carried.

Agenda switched to Board of Zoning Appeals

Motion and second to approve minutes of June 27, 2024 meeting. Motion carried.  

The first appeal on the agenda was BZA2024-00040. The presenting Planner was Philip Zevenbergen. The applicant wanted to change the size lot requirements for a residential property located at 516 N. Tracy, 67212, in order to build a duplex on half the lot. The staff recommended denial of request because the request did not meet all five requirements, one being water line placement. Motion and second to deny request. Motion carried.

A second appeal on the agenda was BZA2024-00042. The presenting Planner was Brad Eatherly. Applicant requests the city to allow a reduced lot size to build a duplex on the empty lot at 1215 N. Jackson Avenue,  67203. Staff stated that the request meets the five criteria, and recommends approval.  Teresa Roman, who lives across the street from the vacant lot, provided public comment. She stated that neighborhood children play on this lot, and that building a duplex would remove their play area and cause the children to play in the street. The applicant rebutted that the neighborhood is composed of duplexes, along with single family houses, and that another duplex fits in the flavor of the neighborhood. There was a motion and second to approve the variance. Motion carried.

The board switched back to the Metropolitan Area Planning Commission agenda, which would begin with consideration and approval of several subdivision committee recommendations.

One of the items concerned the Miller-Degraffenreid Addition which is on the west side of north 135th Street North, 2000 north of 117th Street North.  Evergy has a transmission line on this property and wanted information on the drainage. Evergy has since approved the drainage plan.

The board also conducted a series of public hearings.

It approved a conditional use permit in the county to allow accessory dwelling on property zoned RR Rural Residential Wichita at. 15911 W. 95th St South.  

The board also approved, on an 11-1 vote, a zoning change request from a TF3 Two-Family Residential to a MF-18 Multi-Family Residential in order to allow for a duplex to be built.

The property was located at the NW corner of East Lincoln Street and South Clifton St. Public comments included concerns about the traffic at that corner. Two residents of the neighborhood described the numerous car crashes that occur at that corner. They are concerned about children playing in an area where drivers frequently speed. The agent responded that entrance and exit to the duplexes would be off the alley, not off Clifton or Lincoln. Staff questioned the agent about paving the alley, and ascertained that the cost of paving would be on the developer. The board approval came with the inclusion of a protective overlay district, or additional requirements above and beyond basic zoning limits, addressing the entrance and exit restriction to be via the alley.  

On another 11-1 vote, with one abstention, the board also approved a request, 4.3 ZON2024-0003, to amend the protective overlay district for a property located at 5130 N. Meridian Avenue.

The barn-like structure there is used for children’s parties, such as bouncy castles. The board was asked to amend the protective overlay to allow alcohol and entertainment on the property. Outdoor usage hours would be between 10 a.m. to 8 p.m.

Neighborhood residents expressed concerns about the lighting at night, increased parking and increased traffic on Meridian. An agent representing the applicant said the lighting is turned to point down,  there’s plenty of space for parking, and they currently host children’s parties and increased traffic is not a problem. They will also make sure more trees are planted to buffer noise. Gregory Chin, resident, expressed concern it will become a bar. The agent said the alcohol regulation was for adults accompanying the children and the protective overlay will stay in place.

An owner also came before the board to seek a zoning change for a piece of property located north of east Central and on the east side of North 127th Street East. It was formerly owned by Crestview Country Club. The request, 4.4 ZON2024-00033, was to change the zoning designation from SF-20 Single Family Residential to LC Limited Commercial, which allows land to be used for retail or offices with limited outside display or storage. The applicant contended that the change would match the surrounding properties, which are duplexes.

The owner did not have specific plans but envisioned high-end dwellings that would fit in with those who use the country club. One possible example might  be “barndominiums”, which would have over-sized garages that could house the residents’ golf carts, or golf simulators,  with attached living quarters. Staff recommended denying the LC zoning but approving Multi-Family B zoning.

During a public comment session, residents expressed a variety of concerns. Some suggested that traffic would be a problem, with one worrying about no sidewalks on 127th Street, and another wanting an environmental impact assessment since there are mature trees on the property, wildlife habitats, and possible wetlands. Another commenter said it seemed like they were being “asked to vote on smoke” since the request is not specific. A resident also objected to the limited commercial zoning because nothing would stop the owner from selling it to someone who wants to put in “a car wash” or a strip mall.

The agent said the owner was okay with changing the request to Multi Family B zoning.  He also downplayed the need for an environmental impact assessment.

The board voted 8-2, with one abstention, to deny both the limited commercial and the multi-family B designation, which would have permitted very high density residential development.

A final item concerned the city’s request, 4.5 ZON2024-00036, of a zone change for the former Park Elementary School from TF-3 Two-Family Residential to LC Limited Commercial with Protective Overlay #437, located at 1025 North Main Street. The plan is for a Multi Agency Center (MAC) to address the needs of the unhoused in Wichita. Services will include housing for the unhoused; medical services; case management service; general office services; mental health services.

During public comment, a resident expressed concerns that more unhoused people would wander the streets during the day and there was the potential for more crime.

Sally Stang, the city’s director of housing and community services, responded that the MAC would be a facility that operates 24/7 and 365 days a year, with all services on site. Thus, there would be no need for the homeless to leave during the day.

Board members approved the zoning change on a unanimous vote.

Non-Public Hearing Items

Lynn Parker of Sedgwick County Capitol Improvement Program,  presented a PowerPoint presentation showing the County’s improvement plan for the next five years. These projects included flood control, bridge maintenance, improvements to jail facilities, replacing equipment at EMS, police, fire facilities, paving of gravel roads, and a multitude of other projects. The stated purpose of this presentation was to inform the Commission of the 5-year plan.

Motion and second to accept the presentation of the Capitol Improvement Plan. Motion carried unanimously.

Summary

Summarize the 3 most important outcomes or takeaways from your notes....

• a lot of the work of this commission takes place in subcommittees, and the commission follows staff recommendations
• the public’s opinions are valued and listened to
• this commission deals with a lot of zoning requests

Follow-Up Questions

What are you left wondering? Ask up to 3 of your own follow-up questions...

• What will keep the unhoused from leaving the MAC facility?
• What will be the next steps for those citizens who have serious concerns about safety issues that may result from these zoning changes?

If you believe anything in these notes is inaccurate, please email us at documenters@citybureau.org with "Correction Request" in the subject line.