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Council overrides planning commission, approves neighborhood-office zoning for 37th Street site after traffic, density debate
Summary
After more than an hour of debate about traffic, neighborhood buffering and resident outreach, the Wichita City Council voted 6-1 on Feb. 3 to override the planning commission and rezone a roughly 7.5-acre parcel on West 37th Street from single-family to neighborhood office (NO), a change that limits multifamily intensity and requires a supermajority because protests exceeded the 20% threshold.
The Wichita City Council voted 6-1 on Feb. 3 to rezone a parcel on the south side of West 37th Street from SF-5 (single-family) to NO (neighborhood office), overriding the Metropolitan Area Planning Commission’s earlier recommendation for GO (General Office).
Scott Bridal of the planning department told the council the request to change SF-5 to GO would allow medical office and multifamily uses; MAPC had approved GO 8-1 while the District Advisory Board recommended NO 5-3. Bridal said 29 protests were received, totaling about 21% of the protest area, which under state law requires a supermajority of six of seven votes to approve any zone change.
Council member Johnston, who represents the district, moved to override MAPC and approve NO, arguing that NO would reduce the potential intensity of development and serve as a buffer for the adjacent single-family neighborhood. Johnston said neighbors suggested NO as a compromise because it would allow duplexes without the broader multifamily intensity that could come under GO.
Opponents on the council voiced concerns about outreach and physical impacts. Council member Glasscock said she favored GO and saw no reason to deny it, noting similar uses nearby; other council members emphasized traffic safety on 37th Street and the need for buffering between the proposed development and existing homes.
Developer representative Mr. King (identified on the record) told the council his initial concept was to develop the southern portion of the site with multifamily apartments and the north portion with possible professional or medical office use; he said conceptual plans could include a three-story building and that the parcel could potentially accommodate about 150 units on the site. Bridal and the developer said on-site stormwater detention and landscape buffers were expected to be required by code.
City Attorney Jennifer and planning staff reminded the council that because protests exceeded the 20% threshold, the decision required six votes to pass; if the override motion failed, the council could either take no action or move to deny to clean up the record.
After a substitute motion to approve the MAPC recommendation for GO failed 4-3, the council returned to Johnston’s motion to approve NO. The roll call on the override to NO resulted in a 6-1 vote in favor.
The council’s action changes the zoning designation to NO; planning staff said the applicant may proceed according to the new zoning or pursue appeals as allowed by law. If denied, staff noted applicants must wait a year to bring a similar application but may submit a different application after six months. The council did not specify additional conditions beyond adopting the alternative findings to support the rezoning.
Next steps: planning staff will publish the ordinance and resolution as directed by the council.
