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Wichita City - District Advisory Board 2 - District 2 Advisory Board Meeting 03/10/2025
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District 2 Advisory Board Meeting

Documenter name: Jeanette Harding

Agency: Wichita City - District Advisory Board 2

Date: March 10, 2025

See more about this meeting at Documenters.org

 

 

Notes

 Present at the start of the meeting were:

The meeting was called to order by Tim Johnson at 6:00 pm. Councilperson Becky Tuttle was in Washington DC at the League of Cities Conference. There was a welcome to new member Thanh Nguyen. Johnson asked members to introduce themselves and name their favorite thing about Wichita.

The agenda was approved. The minutes of the February 10th meeting were approved as presented.

No scheduled or off-agenda items were presented under Public Agenda.

Staff Reports

The Wichita Police Department, Wichita Fire Department and Parks and Recreation Department had no representation and therefore, reports were not given.

Wichita Public Library

The Public Library Report was given by John Cleary, Rockwell Branch Library Manager on Zoom. Two remodeled branches are set to open this month. Angelou Branch opens March 17 and Westlink Branch opens March 24. Grand reopening celebrations will occur later in the spring.

The Rockwell Branch will be closing to the public March 16 for the interior remodel phase. The new addition is 75% complete. It is expected to remain closed through Fall 2025. Angelou Branch will have updated, extended hours in order to manage the traffic from the Rockwell Branch. The Big Read program launches with a kickoff this Friday at the Advanced Learning Library with events from March 14-April 26. The Amplify 365 keynote speaker was postponed to March 12 due to weather. Spring Break next week will have opportunities for kids and teens. These events can be found through the Wichita Library website. 

Wichita Public Works and Utilities

The Public Works & Utilities Department drought update was given by Gary Janzen. Wichita is still in Stage 2 of the drought response plan which includes watering restrictions. There was record rain in November and hopefully spring rains will impact the level of water at Cheney Reservoir. The majority of our raw water source, approximately 55-65%, comes from surface water at Cheney, while the remaining portion is supplied by groundwater from the Equus Beds Wellfield, which is in good shape. The current treatment plant is limited in the amount of groundwater that can be used. El Dorado is not a viable water source due to the limited number of water rights and smaller watershed area that feeds El Dorado.

Wichita water serves 500,000 residents including Wichita residents, neighboring cities and rural water districts with the current water treatment plant built in 1939. In the future, Derby is looking into a treatment plant to use their untapped water rights. This will help supply water during peak summer times. Valley Center is building a new water plant that can fully supply themselves. Twenty percent of annual water use is outdoor water use.

Inflow at Cheney is the lowest it has been in 57 years. Watershed protection has kept sediment out of Cheney and dredging is very expensive for little gain. Due to the low water, repairs to the dam are currently being done by contractors. A Governor’s Drought Declaration of Emergency status in Sedgwick and two surrounding counties will hopefully lead to state and federal funding in the future.

The Drought Response Plan put in place in 2013 as a city ordinance includes four stages. Stage One was activated in January 2023. Stage Two was activated on August 5, 2024 and is expected to continue for the remainder of 2025. Stage Two restricts water usage outdoors to one day a week and prohibits all customers from using outdoor water from 10:00 am to 8:00 pm. There was a 35% water savings in the first week. There is a public portal on the website to report water use, however the restrictions do not apply to the use of well water. There have been a few fines issued and warnings. If Cheney fills up, the city will not immediately lift the restrictions as the plan accounts for a 12 month average. We need to change our culture and look for long term conservation.

The Aquifer Storage and Recovery (ASR) project is keeping the groundwater source healthy for future use. The new Wichita Water Works treatment plant will be able to use 100% groundwater which is something the old plant cannot do. The city is expected to take ownership in the next 60 days. On March 18th they will take a plan to the City Council to keep the old plant for emergency use. They are still working through the details.

A consultant has been chosen to conduct a reuse feasibility study for a new community water supply, focusing on a direct potable reuse system with a five-part filtration process between wastewater and usable water. Communication between KDHE (Kansas Department of Health and Environment) and the City Council will need to occur.

The WATER Center has a million gallons a day of available water that is currently used by the Parks Department. The KDHE revised the permit to allow for public use which allows landscapers and home builders to use the water as well.

There are discussions with WABA (Wichita Area Home Builders Association) to move new development away from fescue grass to grass that is more drought tolerant. There is a review of the city landscape ordinance to encourage or mandate xeriscape landscaping. They are looking at what other cities are doing with ordinances and watering.

There were some clarification questions from the board about website resources. The public asked questions which included answers about car washes being exempt from the water restrictions. Janzen provided information about how much of the water is recycled at car washes and that there is case law about water restrictions impacting business. Janzen also replied that Buffalo grass is the grass the city uses now when questioned about alternatives to fescue. Board member Johnson announced that Janzen will present at the District 2 Breakfast this Saturday.

Wichita Fire Department

Chief Gresham arrived and gave the fire update. He shared some safety tips including checking smoke detectors and cleaning up yard material. There was a house fire on Quentin due to grilling on a deck. Chief Gresham encouraged people to be aware when you are grilling. There were 21 fires investigated last month. There was a fatality fire last month where the cause is still under determination. Firefighters pulled the person out within 1.5 minutes of arriving on scene but the person died later. He recommended some measures to take that will help the responders if you have to call in a fire. If you cannot get out, close the doors between you and the fire and go to a place with a window to try and signal where you are located. If you are able to leave the house, close the exterior door when you leave.

Board member Martin asked about fire and police response at a property on Cottonwood. He did not have information on that location but did say that the fire department will call in Wichita Police when they find squatters to clear them and board the house back up.

New Business

Johnson outlined the process of reports and public comment tonight and stated this board does not have binding authority. The cases will be heard by the Planning Commission this Thursday with public comment time available then as well.

CON2024-00278 - This request is for conditional use to allow for a short term rental at the Brookhollow addition. Brad Etherly, Senior Planner outlined the staff report. The property is currently in use as a short term rental and is zoned SF-5 Single-Family Residence. The owner applied for an administrative permit on December 10,2024 and was denied the permit based on 100% of the eligible properties protesting the permit. On January 22, 2025 the owner submitted for a conditional use permit. In the 1970’s the property was platted as part of the Brookhollow edition. The residential designation includes a full gamut of residential types. This request complies with the Communities Investment Plan and the staff recommends approval with conditions. The Golden Factors were considered. There were seven public protest letters received.

A staff member replied to a question from Bruce Gass that a short term rental is considered residential, not commercial. Martin noted that the short term rental ordinance was given lots of opportunity for public comment. Johnson noted that staff from the planning department are impartial and follow rules and regulations when making recommendations.

Michael Le and Jennie Dao, the applicants, gave information about the safety measures they use and their five star rating on Airbnb. Safety measures include a two step qualification for guests, security cameras, and a noise monitoring system. They fully remodeled the house to make it look like part of the neighborhood.

In response to board members' questions, Dao described how they manage their own properties and have had zero complaints with their other locations. Le said they have zero tolerance for parties and implement quiet hours at their properties. They include a maximum of four cars in the driveway. There are a maximum number of 10 guests with a surcharge after six guests. They check feedback and communicate with renters prior to approving renters.

There were 15 public comments including one comment on Zoom. The public applauded after each comment.

The first public comment noted bright lights that deterred animals such as deer, possums and skunks coming to the area. They were concerned about street parking, disturbances and declining property values.

Monty Shaw, the Brookhollow Neighborhood Association President provided general information on studies about crime rates associated with short term rentals. He gave information on the covenant as part of the purchase of properties within the Brookhollow neighborhood. He provided a recent history of the ownership of the property. He noted the neighborhood universally opposes the short term rental.

Dwayne Koszalka questioned the process if 100% of the residents don’t want this. Staff and board members answered that there are other factors to consider including the Community Investment Plan. They described that if neighbors were in favor that it would have been handled administratively and now the applicant must go through a public comment process. They reiterated that the board holds a non-binding vote. The owners answered his question that they personally monitor and address security.

Ann Grosholski noted they have a nice and well established neighborhood and they don’t want money making enterprises coming into the neighborhood. They want their children and grandchildren to be safe. Catherine Janzen noted the covenant and they don’t want this house taken out of their neighborhood.

Fong, who is not a native English speaker, noted she is scared.

Jim Groshoski stated that crime rates go up and they don’t need short term rentals.

There was a public comment on Zoom. Steve Zuiss who lives directly behind the property says he has never seen the owners at the home and trash and damage occurred during the remodeling process. The neighbors are unanimously against it.

Mike Snyder said that staff have been helpful answering questions and described the protest process as he understands it. There was discussion with Snyder, the board and staff on needing 20% of the affected neighbors to file a petition after the planning commission meeting in order for the city council to need a super majority for an approval vote. Staff noted only two other cases have gone to city council and one was approved and one was denied.

Snyder reiterated they have to renew our protests if neighbors want a chance to defeat this. Staff noted comments need to be into the planning office before 5:00 pm on Wednesday, March 12 to be presented to the planning commission.

Paul O’Neil noted he has a similar address which could lead to confusion by guests.

Amy Koszalka said that the country is in a housing crisis and can’t afford to let this one go.

Another comment noted this is about destroying the social fabric of the neighborhood and this is an important decision.

Mark Morrison has lived in Brookhollow for 27 years and added he had not heard anything about how this would help Brookhollow. It’s a fantastic neighborhood and he is trying to preserve the neighborhood.

Joe Tiggert asked for clarification of who can file protests. Staff used the white board to display how the 20% of properties is determined for protest purposes after the planning commission meeting that would trigger the super majority requirement at the city council.

Board members Gass and Johnson discussed that the city does not recognize a covenant in their decision because that is a contract that would be litigated through a civil lawsuit. City and state laws trump covenants. Staff further explained the process. If the DAB and planning commission recommend to approve the request then it would  go to City Council through a consent agenda. The protest forces the governing body to hear the case with public comment.

Groff asked the applicant if, prior to buying the property, they had checked the zoning. The applicant answered yes. Martin discussed the 9 factors of the Golden Rules the board uses to make a recommendation. She thanked everyone for coming and promised to do their duty.

Gass moved to deny the staff recommendation based on its not in the character of the neighborhood, the suitability of the subject property and support of the neighborhood residents. Martin noted that only three of the nine factors are mentioned and will abstain from voting or oppose the vote. Five members voted in favor and two voted to oppose the motion to not approve the staff recommendation.

Johnson stated next Thursday afternoon is your next chance to have a say. He also thanked everybody who had shown up. He shared that he had been through a similar situation himself. Gass thanked the owners of the home as well.

ZON2025-00003/CON2025-00024

City staff member Eatherly presented the next case that included a zone change from General Office to Limited Commercial with a conditional car wash use within 200 feet of residential zoning at the southwest corner of Kellogg and 143rd Street East. The land is currently undeveloped. This would increase the allowable building height and would need to follow the landscape ordinance for buffers abutting residential areas. Eatherly stated that car noise generating activities are usually buffered. Screening shall be implemented where the property is abutting residential homes. This was originally platted as Springdale Lakes office park using zoning districts that are no longer in use. This conforms with the Communities Investment Plan for residential and employment mix on the map. Site pictures were difficult to get due to the traffic. Staff recommends approval of both zoning and conditional use. Five written public comments against the change were received.

The board's discussion covered clarifications on the building and its exits, along with noise standards, sign height, and lighting. Eatherly noted that noise complaints can be given to zoning enforcement and WPD (police) for enforcement. He said he is not a signage expert but shared some legal codes. The board discussed a broader context of the planned Kellogg expansion in regards to traffic, lighting, signage, and the schedule for the highway improvement. Staff were not aware of the highway improvement until three weeks ago. There was discussion of car stacking at car washes and vehicle stacking within the site. The question was posed if it would spill out onto 143rd street. There was discussion about storm water and the floodplain which would be part of the building permitting process after rezoning. They discussed other uses allowed under limited commercial zoning, with examples such as restaurants and general retail mentioned as potential future options if the car wash is not viable. A protective overlay could be recommended to restrict car wash use. Hours of operation were also considered, though staff did not see a need for restrictions. However, the board could impose specific operating hours as a condition.

Kurt Daniels of Cochran Engineering represented the applicant to build a Club Car Wash. There are 68 spaces provided for stacking which he has never seen before. Hours for Club Car Wash are 7:00 am - 8:00 pm Monday through Saturday with Sunday hours of 8:00 am to 8:00 pm. The blowers will be facing 143rd Street and noise would be absorbed by the car and traffic noise. All stormwater retention and landscaping codes would be met.

Ten members of the public came for public comment and received applause when each concluded.

Kristen Bogner presented a PowerPoint that 30 residents contributed to. She provided information about car washes usually exceeding the decibel level of the noise ordinance. They also presented pollution concerns. She showed photographs of the view from the neighborhood and pictures the neighbors have taken of native plants and animals such as bald eagles and a bobcat family. She told about neighbors planting 100 trees and caring for the neighborhood wildlife. They have concerns about increased traffic. None of the other Club Car Washes butt up against a neighborhood.

Jeff Quinn presented further context of the traffic concern with a description of the lanes and additional traffic due to Southeast High School. He noted the cottonwood trees and stated he is totally against it.

Ben Shortino is 83 years old and enjoys sitting on his deck and watching the egrets. He does not want the view taken away nor his property value to decrease.

Ben Foster added the concern of car radios while customers vacuum their cars as well as exhaust fumes from the line of cars.

A member of the public asked why people were not notified about this. Staff replied that letters are sent to a certain perimeter of neighbors as well as a notification published in the newspaper and signage on the property.

Cheryl Alaya noted her mom lives in the area and she thinks it’s a terrible idea due to traffic. She loves Club Car Wash.

Eric Werkhimmer and his wife Cheryl Werkimmer noted the wildlife and views in the neighborhood. They noted the sidewalk and safety issue for cars and residents trying to go north.

Darrell Howard had them project the photograph from the PowerPoint presentation again and added some context of the views the neighbors have of the site. He noted the 24/7 lighting and bright lights from the property. He also noted that sound travels better over water.

Dianne Howard brought a map from KDOT (Kansas Department of Transportation) of the 2026 expansion plans. She added concern for traffic during the Kellogg expansion construction process. Another neighbor described waiting and waiting to get out of the neighborhood.

Daniels, representing the developer, noted they will not cut down any trees that are not on the property and that in his view most were Red Cedars which is an invasive species. He discussed wildlife and water quality. He stated the owner of Club Car wash is an impeccable individual and has well maintained sites. He said traffic concerns seemed to be during peak travel hours and mostly traffic at car washes occur during off-peak hours. He said this seems to be a “not in my back yard” situation and requested a favorable recommendation.

Discussion went back to the board and Martin moved to deny the zone change and deny the conditional use due to it being detrimental to local property, detrimental to the community and not suitable for that area noting Golden rules 1, 2, and 5. Board members expressed noise and traffic as a concern. The motion was approved to deny the zoning change recommendation.

The board thanked everyone for coming and having a civil discussion. Motion to adjourn was approved at 9:22 pm.

Summary

Follow-Up Questions

 

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