District 6 Advisory Board Meeting
Documenter name: Cecilia Rogers
Agency: Wichita City - District Advisory Board 6
Date: Nov. 4, 2024
See more about this meeting at Documenters.org
Notes
Present: Maggie Ballard, Ana Lopez, Lisa Tatum, Bill Washburn, Zack Gingrich-Gaylord, Tom James, Brian Irwin, Sergio Devora Najera, and Scott Lucas
Also present were 21 presenters and members of the public.
The meeting started on time at 6:30 pm. Vice Mayor Maggie Ballard postponed the vote to approve the meeting agenda and minutes from the previous meeting until more board members arrived.
Wichita Fire Department Update
The representative from the Fire Department gave an update on Narcan administration in Sedgwick County. Narcan is administered by EMS staff during a drug overdose. This is most commonly happening with Fentanyl. In 2019 Sedgwick County EMS gave 335 doses of Narcan, in 2020 there were 592 doses administered and in 2021 923 doses were administered. Since then it has trended down from 886 in 2022, 841 in 2023 and 647 doses year to date in 2024. These numbers don't take into account private use, because Narcan is available to the public. Statistics show that sometimes EMS will have 7 or more instances grouped close together and this is because there was a bad batch of Fentanyl sold. A question was asked about the cost per vial and who was responsible for paying for the supply. Sedgwick County EMS is the budgeting agency but the cost per vial was unknown by the representative. A board member shared that nasal inhalers at Dillons are $44.99. Vice Mayor Ballard commented that during Safe Streets a Narcan kit cost a little over a dollar.
Thanksgiving is the leading day of the year for cooking fires. Unattended cooking causes 83% of home fires. Deep frying turkeys in a vat of oil is also especially dangerous.
Wichita Police Department update
Officer Soto had no up to date statistics to report. A software update has prevented departments from receiving the updated weekly information. A board member asked about break ins around Sim Golf Course and whether the gating around Sim Park has been effective. Officer Soto said that no incident has stood out to him recently.
Public Library Report
Sierra Kelly, Branch Manager of Evergreen and Maya Angelou Northeast branches presented. She had just attended the library’s DIY Day. There were different types of robots going around, local artisans with their fiber, nature and paper crafts, and an egg drop event for kids. It was a great turn out. It looks to become a yearly event.
The library is closed November 11 for Veteran’s Day. The library closes at 5:00 pm on Thanksgiving eve and they are closed Thanksgiving and the Friday after Thanksgiving. Incidentally this period is the longest the library is ever closed all year long. November is Kansas Reads to Preschoolers Month. The featured book this year is “How do you Hug a Porcupine” by Laurie Isop. All Story Walk in the park locations are now featuring “How do you Hug a Porcupine”. There are several events planned around the book such as Make and Take Prickly Porcupine craft, an animal event with Tanganyika and a pajama storytime.
Thursday morning is a bilingual storytime for ages 3-5 with stories, songs and activities, in both English and Spanish. There is an Adult Spelling Bee happening at the Advanced Learning Library. Sign up by yourself or with a team.
Craig John, the author of the Longmire books will be at the Advanced Learning Library on Nov 23, 2024.
Surveys are currently being given regarding adult programs at Evergreen library. Print surveys are available in English and Spanish. A digital survey is also available, signage with a QR code can be found throughout the library.
Public Works and Utilities Report
The Delano path from Sycamore to Exposition is complete. Landscaping is suspended because of drought restrictions.
K-9 Rooster Dog Park is still closed after seeding to give the best chance for germination before allowing pets back into the park. The park could open mid-November at the earliest.
The Dirt Streets Program is in its first phase starting this month. Existing dirt streets are getting paved. Phase 1 includes 8 different projects, 2 of which are in District 6. Streets that are in close proximity to schools get priority. Public Works has looked into making minor improvements to drainage in certain locations where needed.
The Pavement Preservation Program is in progress with several repair and surfacing projects in District 6.
The project in design on Douglas, from Seneca to Meridian, is currently in the process of getting temporary construction easements. Federal funding for this project requires temporary easements at points where sidewalks or driveways meet property lines, meaning workers may occasionally access these areas.
The project to improve 29th Street North has had meetings with the railroad. The next step is figuring out what’s going on with the railroad tracks before thinking about utility relocation.
The Hoover improvement project is currently in Right-Of-Way Acquisition. Letters have been sent out in the last month to initiate the negotiation process.
Second Street from Main to St. Francis is evaluating slight lane configurations that could include protected bike lanes and concrete blocks to stop people from parking too close to the intersection, which will make it easier and safer to cross the street.
The 29th and Broadway intersection is in design concept development to make it safer and better. A board member asked if anything was being done to address train traffic jams. The city received a Reconnecting Communities grant a couple years ago and this issue could possibly be addressed through the grant. A consultant has been hired at this time.
The rain was much needed but didn’t make a big difference in Cheney Reservoir water levels.
No members of the public spoke on any scheduled or off-agenda items.
Maggie Ballard called for a motion to approve the meeting agenda, it was seconded, and unanimously approved A motion to approve the minutes of the October 14, 2024, meeting was made, seconded, and unanimously approved.
New business
Scott Wadle with the Metropolitan Area Planning Department (MAPD), presented this case for consideration by the District 6 Advisory Board. The applicant is requesting a Conditional Use to permit a Short Term Rental (STR) on property zoned (TF-3) Two-Family Residential District. The property is generally located on the northeast corner of North Perry Avenue and West Briggs Avenue (1102 North Perry Avenue).
Eleven citizens as well as the agent and applicant were in attendance for this case.
The zoning code says that if a residence is owner occupied, no permit or zoning action is required. If a residence is not owner occupied then short term rental owners can come in and apply for an administrative permit to allow an STR on the property. Letters are sent out to the neighboring or adjoining property owners. If more than 50% of the owners of the neighboring properties protest the application, it is denied. The owner can then apply to the District Advisory Board. The city plans and policies don’t really address short term rentals all that well. Approval is recommended by the city if there’s no significant protest. According to Kansas case law, just having opposition isn’t enough to deny, there has to be another factor. This is the first time a District Advisory Board has heard a conditional use case.
In this case, MAPD recommends approval, subject to the following conditions: acquiring a residential business license, conformance to the approved site plan and compliance with all rules and regulations.
A question was asked regarding if there was anything in the code about the number of rentals allowed in an area?
The MAPD representative responded that there is no requirement. If a neighborhood or area believes there should be a requirement, they could go through the neighborhood planning process.
This application is not owner occupied, otherwise they would not need to apply for a conditional use permit.
The notification area was 200 feet around this property. The conditional use protest period begins after the planning commission meeting. Each notification letter sent details of the protest periods.
Applicant Jennifer Perry petitioned in support of a conditional use permit. She cited her rigorous screening for AirBNB guests and how the AirBNB property benefits the Riverside community.
A neighbor of the property, Janet Janzen, spoke in opposition to the case. She noted problems with non-owner-occupied businesses in the neighborhood and the limited options available for neighbors to address related issues.
Cory Robinson, neighbor, spoke in support.
Molly Thompson, spoke in support noting the well kept condition of the home and the lack of issues with guests.
Another neighbor spoke in support of the case citing lack of issues with guests.
Scott Wadle shared the city’s informational website and phone number to report any issues with a short term rental. A motion was called to approve the recommendation with the conditions stated. The vote was 6- 1 in favor of approval.
Scott Wadle with the Metropolitan Area Planning Department, presented this case for consideration by the District 6 Advisory Board.
The applicant is requesting an amendment for the Millwood & Douglas Junction Planned Unit Development.
Kim Edgington, Agent for the Applicant, was present on Zoom. A Planned Unit Development (PUD) was established in 2022 in this location for Central Standard Brewery (CSB). Zoning is mixed in the area. Prior, it was zoned as an industrial district. The PUD text says primary use will be a microbrewery and marketplace. There is a list of prohibited uses in the text and the applicant is requesting an amendment to remove several of the prohibited uses. They would like to remove the prohibitions on vehicle repair, self service storage warehouses and warehousing.
There is no requirement for off-street parking in the Central Business District. There are provisions that say no off-site billboard signs, no building signs facing any residentially zoned property and exterior lighting cannot trespass the property. Use as a marketplace will not be permitted after 10 pm. Any new construction will have to go through the design review process of Delano Overlay. MAPD recommendation is approval.
The new owner of the property is the applicant. CSB sold the property and no longer has any interest. The amendment would allow for use of the existing building in a more industrial manner. The prohibitions were allowed before the PUD was put into place. The Board found the language in the PUD text confusing because it stated the primary use is a microbrewery. The agent stated that they had just adopted the language from the 2022 PUD on microbrewery and marketplace usage, and would like to leave the option open in the future. There was concern specifically with striking the vehicle repair prohibition. Vehicle repair would only be allowed inside a building and would be closed. No residential uses would be allowed if it were to revert back to limited industrial zoning. The property has been vacant. In the zoning code, there’s two different definitions for vehicle repair, vehicle repair general and vehicle repair limited. Applicant was amenable to limit the request to the second vehicle repair option. The board members voiced that PUD was an improvement on the zone and this would be a setback. Right now the applicant’s primary use will be renting space out to a company, for instance plumbing, who needs office space but also requires equipment storage. Their goal is to make the property profitable instead of vacant. The applicant would commit to providing on site parking instead of street parking.
Vincent Hancock from the Delano Neighborhood Association spoke. The new owners name is Wichita Investments LLC, and this is the same agent that brought this proposal forward two years ago. Hancock doesn’t believe the neighborhood can trust developers to follow through with promises as shown in recent Delano history.
There have been no designs or plans submitted and unclear language in the PUD text could merit a denial. The applicant could resubmit with a new plan.
A motion was made to deny the application. The motion carries 7 - 0 to deny amendment for the Millwood & Douglas Junction Planned Unit Development.
Updates
River Clean up is Sunday, 11/10/24. LIEAP applications are currently available, a workshop will be held on 11/20/24 at the Evergreen Library.
Historic Midtown house tours are back and will occur on 11/9-11/10/24. There are 5 houses on the tour, parking is available at Gracemed and St. Paul’s.
The motion was made and seconded to adjourn the meeting at 8:52 PM.
Takeaways
- This was the first case of a short term rental conditional use permit being brought before a DAB. It will be interesting to see if this serves as a precedent in following cases. The city may need to revise and clarify their regulations around short term rentals.
If you believe anything in these notes is inaccurate, please email us at documenters@kansasleadershipcenter..org with "Correction Request" in the subject line.