minutes of the meeting of the city plan … · materials onto the site. (ifc2000:§1412.4; nfpa...
TRANSCRIPT
MINUTES OF THE MEETING
OF THE
CITY PLAN COMMISSION
TUESDAY, March 17, 2015
The City Plan Commission held its regular meeting on Tuesday, March 17, 2015 in the Council
Chambers on the 26th
Floor of City Hall. The following members were:
PRESENT
Ms. Babette Macy Chairwoman
Rev. Stan Archie Vice Chair
Ms. Margaret J. May Member
Ms. Bobbi Baker-Hughes Member
Ms. Trish Martin Member
Mr. Coby Crowl Member
ABSENT
Mr. Enrique Gutierrez Member
ALSO PRESENT
Ms. Diane Binckley Assistant Secretary
Mr. John Eckardt Staff
Mr. Olofu Agbaji Staff
Mr. Joseph Rexwinkle Staff
Ms. Marty Campbell Recording Secretary
Ms. Maggie Moran Legal Counsel
Mr. Wei Sun Public Works
Mr. Brett Cox Land Development
Chairwoman Macy called the meeting to order at 9:05 A.M.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 2 March 17, 2015
RE: SD 1502 – Final Plat, Berkley Riverfront Park
APPLICANT/ OWNER: Port Authority of Kansas City
300 Wyandotte Street, Suite 100
Kansas City, MO 64105
AGENT: Rick Gard
Taliaferro & Browne
1020 E. 8th
Street
Kansas City, MO 64106
LOCATION: Generally located in an area bordered by E. Riverfront Drive on the
north, Front Street on the west, I-29/ I-35 to the east and railroad tracks
(KCS/ I&MRL/ UP & BNSF) to the south.
AREA: Approximately 20 acres
REQUESTS: SD 1502 – Final Plat, Berkley Riverfront Park - To consider
approval of a final plat in District MPD on about 20 acres, creating
one (1) lot and three (3) tracts.
Ms. Diane Binckley, Assistant Secretary entered the staff report into the record and stated that
Mr. Ryan Adams, 300 Wyandotte, Kansas City Missouri, had signed the consent agenda and
agreed to all the conditions in the staff report with the removal of Conditions #6, #10 and #13.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
Vice Chair Archie moved and Commissioner May seconded the motion to APPROVE SD 1502
SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the plat be revised to show:
a. All corrections identified in the Land Development Division final plat checklist.
b. The ordinance or document recording number dedicating Grand Avenue to the west and Front
Street to the east connecting to Berkley Parkway on the face of the plat.
c. The City Plan Commission approved date once the plat has been recommended for approval
by the City Plan Commission.
d. Show lot line between the Tract for the Private Road and Right-of-Way for Berkley Parkway.
e. Provide centerline information for all public Right-of-Way.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 3 March 17, 2015
f. Fill in all missing information on the parkland dedication language on face of plat reflecting
all the lands dedicated by this plat.
g. Use leader lines to distinguish where Berkley Parkway ends and where Lydia Avenue begins.
h. Label the private roads as tracts.
i. Label the use of Tract D within the tract on the plat drawing
Condition 2. Through 4. per City Planning & Development, Development Management Division (Olofu
Agbaji, [email protected])
2. That the developer provide evidence ensuring that the proposed east and west limits of the plat
connect to legally dedicated rights of way connecting Berkley Parkway to Front Street on the east
and to Grand Avenue on the west.
3. That the developer submit a street tree planting plan showing existing and trees to be replaced to
the Development Management Division. The developer shall also secure the approval of the City
Forester for street trees to be planted in the right of way prior to Mylar approval of this final plat.
4. The developer shall work with MoDOT and the City of Kansas City to convey a portion of Grand
Blvd. to the city of Kansas City so that the intersection of Grand Blvd and Lydia Ave. is
completely within city jurisdiction.
Conditions 5. through 10. per City Planning & Development, Land Development Division (Brett Cox,
5. Further revisions and/or corrections by Land Development Division.
6. The developer must subordinate to the City all private interest in the area of any right-of-way
dedication, in accordance with Chapter 88 and as required by the Land Development Division,
and that the owner/developer shall be responsible for all costs associated with subordination
activities now and in the future.
7. After the City Plan Commission enters its disposition for the development plan, the developer
shall not enter into any agreement that would encumber or otherwise have any impact on the
proposed right-of-way dedications for the planned project without the prior written consent of the
Land Development Division.
8. The developer must design and construct all interior public streets to City Standards, as required
by the Land Development Division, including curb and gutter, storm sewers, street lights, and
sidewalks.
9. The developer shall submit an analysis to verify adequate capacity of the existing sewer system as
required by the Land Development Division prior to issuance of a building permit to connect
private system to the public sewer main and depending on adequacy of the receiving system,
make other improvements may be required.
10. The developer must show the limits of the 100-year floodplain on the final plat and show the
Minimum Low Opening Elevation (MLOE) of any structure on each lot that abuts a 100-year
flood prone area on any plat and plan, as required by the Land Development Division.
Condition 11. per Water Services Department (Heather Massey, [email protected])
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 4 March 17, 2015
11. That the developer extend water main and provide easement as required by the Water Services
Department.
Conditions 12. - 16. per Fire Marshal’s Office (John Hastings, [email protected])
12. The expectation is the project will meet the fire flow requirements as set forth in Appendix B of
the International Fire Code 2000. (IFC2000: § 508.1)
13. Fire hydrant(s) are required within 400 feet on a fire access road following an approved route
established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a building. The
use of existing fire hydrant(s) may be used to satisfy this requirement otherwise a private fire
hydrant(s) or hydrant system may be required. This distance may be increased to 600 feet for R-3
occupancy(s) or the building(s) is fully protected by an approved automatic fire sprinkler
system(s). (IFC2000:§508.5.1)
14. Fire hydrants shall be installed and operable prior to the arrival of any combustible building
materials onto the site. (IFC2000:§1412.4; NFPA 241§ 8.7.2)
15. Shall meet the minimum fire hydrant requirements of KCMO Water Services applicable to a
water main extension which is every 300 feet commercial or 600 feet residentially zoned area.
16. Recommendation only at this time: Buildings equipped with a fire standpipe system shall have
an operable fire hydrant within 100 feet of the Fire Department Connection (FDC). (IFC2012: §
507.5.1.1)
Condition 17. per Parks and Recreation Department (Richard Allen, [email protected])
17. The developer shall either dedicate 4.07 acres of parkland or contribute $68,439.09 in lieu of
parkland dedication for the 410 multi-family units in satisfaction of Chapter 88-405-17 of the
Zoning and Development Code.
410 multi-family units x 2 x 0.006 = 4.92 acre – 0.85 acres POS
4.07 acre x $16,815.50 = $68,439.09
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
RE: SD 0934V, Final Plat, Benson Place Fieldstone, Sixth Plat
APPLICANT: Brenner Holland
Hunt Midwest Real Estate Development, Inc.
8300 NE. Underground Drive
Kansas City, MO 64116
PROPERTY OWNER: Hunt Midwest Real Estate Development, Inc.
8300 NE. Underground Drive
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 5 March 17, 2015
Kansas City, MO 64116
AGENT: Shannon Buster, P.E.
Lutjen, Inc.
1301 Burlington Street, #100
N. Kansas City, MO 64116
LOCATION: Generally located on the north side of NE 98th
Terrace, between N.
Eastern Avenue and N. Smalley Avenue.
AREA: Approximately 29 acres
REQUESTS: To consider approval of a final plat in District R-7.5 on
approximately 29 acres, creating 61 single family lots and three (3)
tracts.
Ms. Diane Binckley, Assistant Secretary entered the staff report into the record and stated that
Ms. Shannon Buster, Lutjen, Inc., 1301 Burlington, #100, North Kansas City, Missouri, had
signed the consent agenda and agreed to all the conditions in the staff report.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
Vice Chair Archie moved and Commissioner Baker-Hughes seconded the motion to APPROVE
SD 0934V SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the plat be revised to show:
a. Label the existing Right-of-Way for N. Eastern Ave.
b. Show how stormwater management will be provided for this phase of the
development.
c. Add the City Plan Commission approved date once the plat has been
recommended for approval by the City Plan Commission.
d. Label and identify the centerlines of all streets, including abutting streets.
e. Label all street names per the approved street naming plan.
Condition 2. Through 6. per City Planning & Development, Development Management
Division (Olofu Agbaji, [email protected])
2. That the developer submit an updated overall development plan that addresses the revised
lot configuration and lot numbering to Development Management Division prior to
ordinance request of this final plat.
3. That the developer provide a street connection from NE 101st Street or N. Oakland
Avenue for the parcel to the south.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 6 March 17, 2015
4. That the developer submit Street Naming Plan to Development Management Division
prior to ordinance request of this final plat. Street naming plan shall be approved prior to
issuance of address for this plat.
5. That the developer submit a street tree planting plan to the Development Management
Division as required by the CUP prior to ordinance request. The developer shall also
secure the approval of the City Forester for street trees to be planted in the right of way in
front of residential lots prior to Mylar approval of this final plat.
6. That the developer submit a final plan to the City Plan Commission for approval,
including detailed information on landscaping, grading, screening, berming, fencing and
signage (including elevations) for Tracts A, B & C prior to Mylar approval.
Conditions 7. through 18. per City Planning & Development, Land Development Division
(Brett Cox, [email protected])
7. Further revisions and/or corrections of Development Services.
8. The developer shall submit a detailed Micro storm drainage analysis from a Missouri-
licensed civil engineer to the Land Development Division showing compliance with the
current, approved Macro study on file with the City and with current adopted standards in
effect at the time of submission, including Water Quality BMP's, prior to approval and
issuance of any building permits to construct improvements on the site or prior to
recording the plat, whichever occurs first. The developer shall verify and/or improve
downstream conveyance systems or address solutions for impacted properties due to flow
contributions from the site; and that the developer construct any other improvements as
required by Land Development Division as necessary to mitigate impacts from rate,
volume, and quality of runoff from each proposed phase.
9. The developer must dedicate additional right of way for N Eastern as required by the
adopted Major Street Plan and Chapter 88 so as to provide a minimum of 40 feet of right
of way as measured from the centerline, and ensure right of way dedication is adequate
for any proposed road improvements as required by Public Works Department adjacent to
this project.
10. The developer must subordinate to the City all private interest in the area of any right-of-
way dedication, in accordance with Chapter 88 and as required by the Land Development
Division, and that the owner/developer shall be responsible for all costs associated with
subordination activities now and in the future.
11. After the City Plan Commission enters its disposition for the development plan, the
developer shall not enter into any agreement that would encumber or otherwise have any
impact on the proposed right-of-way dedications for the planned project without the prior
written consent of the Land Development Division.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 7 March 17, 2015
12. The developer must design and construct all interior public streets to City Standards, as
required by the Land Development Division, including curb and gutter, storm sewers,
street lights, and sidewalks.
13. The developer must construct temporary off-site cul-de-sacs and grant a city approved
temporary cul-de-sac easement, for that portion outside of the dedicated street right-of-
way, to the City as required by the Land Development Division, prior to recording the
plat.
14. The developer must pay impact fees as required by Chapter 39 of the City's Code of
ordinances as required by the Land Development Division.
15. The developer must obtain the executed and recorded city approved grading, temporary
construction, drainage/sewer, or any other necessary easements from the abutting
property owner(s) that may be required prior to submitting any public improvements
crossing properties not controlled by the developer and include said document(s) within
the public improvement applications submitted for permitting.
16. The owner/developer must submit plans for grading, siltation, and erosion control to
Land Development Division for review and acceptance, and secure a Site Disturbance
permit for any proposed disturbance area equal to one acre or more prior to beginning
any construction activities.
17. The developer must secure permits to extend sanitary and storm water conveyance
systems to serve all proposed lots within the development and determine adequacy of
receiving systems as required by the Land Development Division, prior to recording the
plat or issuance of a building permit whichever occurs first.
18. The developer must submit covenants, conditions and restrictions to the Land
Development Division for review by the Law Department for approval for the
maintenance of private open space and enter into a covenant agreement for the
maintenance of any stormwater detention area tracts, prior to recording the plat.
Condition 19. per Water Services Department (Heather Massey, [email protected])
19. That the developer extend water main and provide easement as required by the Water
Services Department.
Conditions 20. per Fire Marshal’s Office (John Hastings, [email protected])
20. That the developer provide for fire protection as required by the Fire Department.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 8 March 17, 2015
ABSENT: Gutierrez
RE: SD 1501 – Final Plat, Menards
APPLICANT: Steve M. Warger
Warger Associates
1617 Swift Avenue
North Kansas City, MO 64116
OWNER: Menards, Inc.
5101 Menards Drive
Eau Claire, WI 54703
AGENT: Rob Young
R. L. Buford & Associate, LLC
P. O. Box 14069
Parkville, MO 64152
LOCATION: Generally located at northeast corner of MO. Route 152 and N.
Green Hills Road.
AREA: Approximately 52 acres.
REQUESTS: To consider approval of a final plat in District B3-3 (Community
Business – 3) on approximately 52 acres, creating two (2)
commercial lots and one (1) tract.
Ms. Diane Binckley, Assistant Secretary entered the staff report into the record and stated that
Mr. Steve Warger, had signed the consent agenda and agreed to all the conditions in the staff
report.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
Vice Chair Archie moved and Commissioner Baker-Hughes seconded the motion to APPROVE
SD 1501 SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the plat be revised to show:
a. All corrections identified in the Land Development Division final plat checklist.
b. The City Plan Commission approved date once the plat has been recommended
for approval by the City Plan Commission.
c. A statement on the final plat prohibiting vehicular access onto MO. Route 152
from Lots 1 and 2.
d. Show all proposed lots for the development.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 9 March 17, 2015
e. Label all Tracts with specific designations for Stormwater Detention.
f. Use the city’s standard ‘Cross Access’ language for the ingress/egress easement.
2. Condition 2. Through 4. per City Planning & Development, Development Management
Division (Olofu Agbaji, [email protected])
3. That the developer submit the revised Major Site Plan with the corrections outlined in the
April 17, 2012 City Plan Commission disposition letter prior to ordinance request.
4. That the developer submit a street tree planting plan as required by the Zoning and
Development code to the Development Management Division. The developer shall also
secure the approval of the City Forester for street trees to be planted in the right of way
prior to Mylar approval of this final plat.
5. The developer submit a Street Naming Plan to Development Management Division.
Street naming plan shall be approved prior to Mylar approval and issuance of address for
this development.
6. Conditions 5. through 17. per City Planning & Development, Land Development
Division (Brett Cox, [email protected])
7. Further revisions and/or corrections by Land Development Division.
8. The developer shall submit a Macro "Overall" storm drainage analysis from a Missouri-
licensed civil engineer for the entire development in accordance with adopted standards
to the Land Development Division for review and acceptance at the time the first plat is
submitted, with a Micro "detailed" storm drainage study, including a BMP level of
service analysis, in accordance with current adopted standards to be submitted for each
phase at the time of final platting, and the developer secure permits to construct any
improvements required by the Land Development Division prior to recording the plat.
9. The developer must subordinate to the City all private interest in the area of any right-of-
way dedication, in accordance with Chapter 88 and as required by the Land Development
Division, and that the owner/developer shall be responsible for all costs associated with
subordination activities now and in the future.
10. After the City Plan Commission enters its disposition for the development plan, the
developer shall not enter into any agreement that would encumber or otherwise have any
impact on the proposed right-of-way dedications for the planned project without the prior
written consent of the Land Development Division.
11. The developer must design and construct all interior public streets to City Standards, as
required by the Land Development Division, including curb and gutter, storm sewers,
street lights, and sidewalks.
12. The developer must construct temporary off-site cul-de-sacs and grant a city approved
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 10 March 17, 2015
temporary cul-de-sac easement, for that portion outside of the dedicated street right-of-
way, to the City as required by the Land Development Division, prior to recording the
plat.
13. The developer shall verify vertical and horizontal sight distance for the drive connection
to N Green Hills Road and NE 90th Street and make improvements to ensure local
jurisdiction and/or minimum AASHTO adequate sight distance standards are met.
14. The developer must pay impact fees as required by Chapter 39 of the City's Code of
ordinances as required by the Land Development Division.
15. The developer must obtain the executed and recorded city approved grading, temporary
construction, drainage/sewer, or any other necessary easements from the abutting
property owner(s) that may be required prior to submitting any public improvements
crossing properties not controlled by the developer and include said document(s) within
the public improvement applications submitted for permitting.
16. The owner/developer must submit plans for grading, siltation, and erosion control to
Land Development Division for review and acceptance, and secure a Site Disturbance
permit for any proposed disturbance area equal to one acre or more prior to beginning
any construction activities.
17. The developer must secure permits to extend sanitary and storm water conveyance
systems to serve all proposed lots within the development and determine adequacy of
receiving systems as required by the Land Development Division, prior to recording the
plat or issuance of a building permit whichever occurs first.
18. The developer must enter into a covenant agreement for the maintenance of any
stormwater detention area tracts as required by the Land Development Division, prior to
recording the plat.
19. The developer grant a Noise and Aviation Easement to the City as required by the Land
Development Division, prior to recording the plat.
20. Condition 18. per Water Services Department (Heather Massey,
21. That the developer extend water main and provide easement as required by the Water
Services Department.
22. Conditions 19. - 23. per Fire Marshal’s Office (John Hastings,
23. The expectation is the project will meet the fire flow requirements as set forth in
Appendix B of the International Fire Code 2000. (IFC2000: § 508.1)
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 11 March 17, 2015
24. Fire hydrant(s) are required within 400 feet on a fire access road following an approved
route established by the Authority Having Jurisdiction (AHJ) of any exterior portion of a
building. The use of existing fire hydrant(s) may be used to satisfy this requirement
otherwise a private fire hydrant(s) or hydrant system may be required. This distance may
be increased to 600 feet for R-3 occupancy(s) or the building(s) is fully protected by an
approved automatic fire sprinkler system(s). (IFC2000:§508.5.1)
25. Fire hydrants shall be installed and operable prior to the arrival of any combustible
building materials onto the site. (IFC2000:§1412.4; NFPA 241§ 8.7.2)
26. Shall meet the minimum fire hydrant requirements of KCMO Water Services applicable
to a water main extension which is every 300 feet commercial or 600 feet residentially
zoned area.
27. Recommendation only at this time: Buildings equipped with a fire standpipe system shall
have an operable fire hydrant within 100 feet of the Fire Department Connection (FDC).
(IFC2012: § 507.5.1.1)
28. Conditions 24. - 26. per Public Works Department, Transportation Planning Section,
(Gnani Mahalingam, [email protected])
29. That the developer add a note to the development plan indicating that the traffic
movements at the south driveway on N. Green Hills Road and the west driveway on the
proposed NW 90th are to be restricted to right-in and right-out maneuvers only by a
raised median or a channelizing traffic island, as required by Public Works Department
and MODOT.
30. That the developer construct the intersection of proposed NW 90th Street and N. Green
Hills Road with one northbound through-lane, one 50 feet long northbound right-turn
lane plus appropriate taper, one southbound through-lane, one 50 feet long southbound
left-turn lane plus appropriate taper, 250 feet long westbound dual-left-turn lanes plus
appropriate taper, and one 250 feet long westbound right-turn lane. One westbound left-
turn lane shall be striped out until such time as the Public Works Department determines
that it is needed to service traffic demand.
31. That the developer enter into a cooperative agreement to contribute the full cost of
signalizing the intersection of N Green Hills Road with the north development driveway
and coordinating said signals with the traffic signals at the MO-152 ramp intersections on
N Green Hills Road, as required by the Public Works Department and MODOT. The
signalization and coordination shall be installed at such time that the Public Works
Department determines that traffic signals are warranted and needed at the intersection of
N Green Hills Road with the north development driveway. The traffic signals shall meet
the City’s design standards and policies that are current at the time of installation.
Motion carried 6-0
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 12 March 17, 2015
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
RE: Case No. 3154-P-5
APPLICANT: Matthew L. Murphy, Treanor Architects, P.A.
1040 Vermont Street
Lawrence, KS 66044
OWNER/S: AutoZone Development Corporation
123 South Front Street, 3rd
Floor
Memphis, TN 38103
L B Holdings LLC
14125 Broadmoor Street, Apt 203
Overland Park, KS 66223
AGENT: Same as Applicant
AREA: About 0.65 acres
Overall development, 3.3 acres
LOCATION: Generally located at the northeast corner of E. Truman
Road and Hardesty Avenue
REQUEST: About 0.65 acres generally located at the northeast corner
of E. Truman Road and Hardesty Avenue, to consider the
approval of a final CP District Plan in District CP-1
(Planned Business Center -1) (also, currently zoned B 1-1)
(Neighborhood Business 1, (dash 1)), to allow for a new
AutoZone retail store containing 6,500 sf.
b) Case No. SD 1497: To approve a final plat creating two
(2) lots in District CP-1 (Planned Business Center -1) but
currently zoned B 1-1 (Neighborhood Business 1, (dash 1))
and R 2.5 (Residential 2.5).
Ms. Diane Binckley, Assistant Secretary entered the staff report into the record and stated that
Mr. Matthew L. Murphy, Treanor Architects, had signed the consent agenda and agreed to all the
conditions in the staff report.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 13 March 17, 2015
Vice Chair Archie moved and Commissioner Baker-Hughes seconded the motion to APPROVE
Case No. 3154-P-5 SUBJECT TO THE FOLLOWING CONDITIONS:
1. That three copies, collated, stapled and folded and an acetate of the revised plans be
submitted to the City Development Department prior to the ordinance request showing:
a. Add a copy or photo of the pylon sign providing location, height, and size of sign
dimensioning.
b. Show a detail of the short term bicycle parking rack.
c. Show the right of way to be dedicated with the companion final plat and how this
new right of way affects proposed dimensioning.
d. Enclose the west downspouts, if they are still proposed for the side.
e. Sheet 3 of 3, show all building lighting with shade covers and lighting in a
downward pattern. No night watchmen. Add a detail of the site’s proposed
lighting.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
RE: Case No. 5631-P-4
APPLICANT: Tom Nolte
Nolte and Associates
9400 Reeds Road, Suite 200
Overland Park, KS 66207
OWNER: ELKO Real Estate Development
1873 S. Bellaire Street, Suite 1105
Denver, CO 80222
AGENT: Roger Cassity
Renaissance Infrastructure Consulting
11490 Strang Line Road
Overland Park, KS 66215
LOCATION: Generally located at the southeast corner of Mo. Hwy. 152 and
North Oak Trafficway.
AREA: Approximately 70 acres
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 14 March 17, 2015
REQUESTS: To consider approval of an amendment to a previously approved
Community Unit Project (CUP) plan in District R-1a (one family
dwellings), to allow for 70 additional multi-family units within 8
buildings for a total of 358 units.
Quorum: Archie, Baker-Hughes, May, Martin and Macy
Commissioner Crowl recused.
Mr. Olofu Agbaji, Staff Planner, presented the staff report and stated that staff recommended approval for
reasons presented in the staff report.
Chairwoman Macy asked to hear from the applicant.
Mr. Thomas Nolte, Nolte Associates and Mr. Roger Cassidy were in agreement with the staff
report and all conditions; there had been a lot of issues and got it down to two final issues in that
they needed to get some off-site improvements and they required a release from HUD so they
could build the additional roadway that was requested for safety reasons.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
Vice Chair Archie moved and Commissioner Martin seconded the motion to CASE NO. 5631-
P-4 SUBJECT TO THE FOLLOWING CONDITIONS:
1. That three (3) collated, stapled, and folded (to 8.5 by 11 in. size) hardcopies and one (1)
digital copy (CD containing a pdf file, a georeferenced monochromatic TIF file, and
CAD/GIS compatible layer of the site plan boundary referenced to the Missouri state
plane coordinate system) of the plans, revised as noted below, be submitted to
Development Management staff (15th
Floor, City Hall), prior to ordinance request
showing:
a. Developer address, email and fax number.
b. Provide and show a 60’ wide trail easement for the 152 trail from N. Oak
Trafficway to the easterly property boundary per approval of Public Works
Department.
c. Complete the checklist on sheet C-2 and provide pertinent information required
for #25.
d. Removal of the billboard on the north side of the drive along Hwy 152 prior to
issuance of building permit.
e. Noise contours on the face of the preliminary plat.
f. All trees to be removed for utilities, grading and/or street improvements denoted
as an area labeled "trees to be removed". Tree removal may be shown as
individual trees for linear construction or by the acres for large areas of site
disturbance.
g. All individual trees or areas of trees to be preserved within the limits of the plan
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 15 March 17, 2015
labeled "trees to remain".
h. A signage plan that meets the requirement of Chapter 88-445.
i. A lighting plan that meets the requirement of 88-430.
j. A revised landscaping plan that meets the requirements of Chapter 88-425 per
staff approval.
Condition 2. Through 5. per City Planning & Development, Development Management
Division (Olofu Agbaji, [email protected])
2. That the developer submit final community unit project plans to the City Plan
Commission for approval including building elevations showing material for
construction, plans for landscaping, grading, screening, berming, fencing; including plans
for private open space tracts containing detention areas, pedestrian pathways,
pool/clubhouse, fencing, playground equipment, etc, prior to issuance of building permit.
3. That the developer provide a 60’ wide trail easement for the 152 trail from N. Oak
Trafficway to the easterly property boundary per approval of Public Works Department.
4. That the developer submit an application to the Street Naming Committee (Development
Management Division) and receive approval prior to issuance of Building Permit.
5. That developer remove the existing billboard on the north side of the NE Windrose Drive
along Hwy 152 prior to issuance of building permit.
Conditions 6. through 10. per City Planning & Development, Land Development Division
(Brett Cox, [email protected])
6. That the owner/developer submit plans for grading, siltation, and erosion control to Land
Development Division for review, acceptance, and permitting for any proposed
disturbance area equal to one acre or more, prior to beginning any construction activities.
7. That the owner/developer secure a site disturbance permit from the Land Development
Division prior to beginning any construction, grading, clearing, or grubbing activities, if
the disturbed area equals one acre or more during the life of the construction activity.
8. That the developer grant, on City approved forms, BMP Easements to the City, as
required by Chapter 88 and Land Development Division, prior to issuance of any
building permits or bmp permits, whichever occurs first.
9. That the developer secure a land disturbance permit from the Missouri Department of
Natural Resources if the disturbed area of the entire development exceeds one acre.
10. That the developer obtain a floodplain certificate from the Plans Review Division prior to
beginning any construction activities in the floodplain.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 16 March 17, 2015
Condition 11. & 12. per Water Services Department (Heather Massey,
11. That the developer revise drawings to show proposed water mains as required by Water
Services Department. And that the developer extend private water mains as required by
Water Services Department.
12. That the developer contact Water Services Department to verify any need to relocate,
upgrade or provide additional easements for the existing sanitary sewer mains.
Condition 13. per Fire Marshal’s Office (John Hastings, [email protected])
13. That the developer install hard surface roads and provide for fire protection as required
by the Fire Department prior to construction beyond foundations. Kansas City Fire
Department has the following requirements:
1) The expectation is the project will meet the fire flow requirements as set forth in
Appendix B of the International Fire Code 2000. (IFC2000: § 508.1)
2) Fire hydrant(s) are required within 400 feet on a fire access road following an
approved route established by the Authority Having Jurisdiction (AHJ) of any
exterior portion of a building. The use of existing fire hydrant(s) may be used to
satisfy this requirement otherwise a private fire hydrant(s) or hydrant system may
be required. This distance may be increased to 600 feet for R-3 occupancy(s) or
the building(s) is fully protected by an approved automatic fire sprinkler
system(s). (IFC2000:§508.5.1)
3) Fire hydrants shall be installed and operable prior to the arrival of any
combustible building materials onto the site. (IFC2000:§1412.4; NFPA 241§
8.7.2)
Condition 14. per Parks and Recreation Department ( Richard Allen,
14. That the developer contribute $14,202.66 in lieu of parkland dedication in satisfaction of
Section 88-405-17 of the Zoning and Development Code. Calculation is based on:
70 multi-family units x 2.0 x 0.006 = 0.84 acres
0.84 acres x $16,907.93 = $14,202.66
Motion carried 5-0
VOTING AYE: Archie, Baker-Hughes, Martin, May, and Macy
VOTING NAY: None
RECUSED: Crowl
ABSENT: Gutierrez
RE: Case No. 717-S
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 17 March 17, 2015
APPLICANT: Robert D. Long
Land Clearance for Redevelopment Authority
1100 Walnut Street, Suite 1700
Kansas City, MO 64106
OWNER: Switzer Apartments LLC
8201 NW 97th
Terrace
Kansas City, MO 64153
LOCATION: Generally located south of W 18th
Street, west of Summit Street, north of
W 20th
Street and east of Belleview Avenue.
REQUESTS: Declaring an area generally bounded by West 18th
on the north, Summit
Street on the east, W 20th
Street on the south and West Pennway on the
west to be a blighted and insanitary area in need of redevelopment and
rehabilitation pursuant to the Land Clearance for Redevelopment
Authority law and approving the Urban Renewal Plan for the same, said
plan to be known as the Switzer and West Schools Urban Renewal Plan.
(717-S)
Mr. John Eckardt, Staff Planner, presented the staff report and stated that staff recommended
approval for reasons presented in the staff report.
Chairwoman Macy asked to hear from the applicant.
Mr. Robert Long, Land Clearance for Redevelopment Authority; the proponent was Switzer
Apartments LLC; the Switzer and West Schools were located in Kansas City’s west side
neighborhood and the west side neighborhood had served as an entry point for many of the
waves of ethnic groups arriving in the Kansas City area during the past 70-years or more and had
most commonly been known as a Hispanic neighborhood.
The developers were planning a 15.6 million dollar restoration of the 5 buildings into
approximately 95 market rate apartments and some community spaces and approximately 204
parking spaces. EDC staff prepared the blight analysis for the planning area; there were 5
existing buildings within the plan; the parking areas did not comply with any City department
code; playground areas had cracks and settling and deteriorating pavement and would not meet
any standard for play grounds; each of the school buildings had damaged or leaking roofs,
gutters and downspouts; damage or deteriorating masonry, extensive deterioration of windows,
doors, fascia and soffits; each of the buildings had repeatedly been vandalized and had served as
impromptu shelters for homeless people and there recently was a fire in the library of the West
High building. The LCRA had determined that blighting conditions existed.
Vice Chair Archie asked about the relationship of the length of time and the degree of blight for
the taxes.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 18 March 17, 2015
Mr. Long answered there really wasn’t a direct relationship between the length of time of the
proposed tax abatement and the level of blight it had to be established that blighting and
insanitary conditions existed and that the proposed activities would remediate the blight.
Vice Chair Archie stated that considering the degree of blight if they could fix the blight for
200,000 dollars they could still ask for 10-years tax abatement.
Mr. Long stated then it became a function of the financial analysis then; it looked at all the
financial costs and revenues and expenses and determined that up to 10-years tax abatement or
longer was appropriate it usually was used to help guide the decision on which tool was most
appropriate.
Vice Chair Archie asked if that consideration gave some value to the cost to the consumer at the
end or was it just considered based on the calculations.
Mr. Long answered there was some consideration given to how much of the expense on the
project was directed to blight but it was very often difficult to specifically identify what was
blight and what was part of the historic rehab. The historic rehab was the blight remediation in
the case. If the developer couldn’t achieve ta reasonable rate of return without the public
assistance then that developer wouldn’t be likely making that investment.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
Vice Chair Archie moved and Commissioner Baker-Hughes seconded the motion to APPROVE
Case No. 717-S WITH ONE CONDITION and MADE A RECOMMENDATION OF A
FINDING OF BLIGHT.
1. That three (3) revised copies of the plan be resubmitted showing the following
changes:
a. State the size/area of the plan.
b. After consultation with either federal or city staff, state information in the plan as to
the how the site is historic and when the site became historic.
c. After researching the status and confirming their current existence, state that there are
two existing alleyways in the plan. State that these are contributing to the sites
blighting aspect if this is the case and further state that the applicant will apply for the
vacation of the alleyways, if this is needed for the development of the site and if the
city agrees.
d. Include under Section IV Land Use Plan that all site improvements will be completed
according to Section 52 and 88 standards through the site plan review process.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 19 March 17, 2015
ABSENT: Gutierrez
RE: a) 14538-P
b) 14538-P-1
APPLICANT: James Peterson
J.A. Peterson Enterprises, Inc.
1000 W 75th
Street, Suite 100
Shawnee Mission, KS 66204
AGENT: Brian P. Forquer
Lutjen, Inc.
1301 Burlington, #100
North Kansas City, MO 64116
LOCATION: Generally located east of N Flintlock Road and south of NE 89th
Street
AREA: About 80.31 acres
REQUEST: a) Case No. 14538-P: To consider rezoning from District R-
80 (residential dash 80) to District R-7.5 (residential dash 7.5); and
b) Case No. 14538-P-1: Approval of a preliminary
development plan that also serves as a preliminary plat for 82
single family residential lots and 8 private open space tracts.
Vice Chair Archie recused.
Ms. Diane Binckley stated the applicant had requested a continuance on this matter to the April
7, 2015 meeting date with one $130.00 continuance fee.
Chairwoman Macy opened up the discussion to the audience.
No one appeared in opposition.
Commissioner May moved and Commissioner Crowl seconded the motion to continue these
matters to the April 7, 2015 meeting date with one $130.00 fee (No Testimony – No Set
Quorum).
Motion carried 5-0
VOTING AYE: Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
RECUSED: Archie
ABSENT: Gutierrez
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 20 March 17, 2015
RE: Case No. 7300-P-6
APPLICANT: Sheila Jones
Jones Iron and Metal
114 W Harlem Road
Kansas City, Mo 64116
AGENT: Dudley Koch
Dudley Koch Steel Buildings
10822 Cody
Overland Park, Ks 66210
LOCATION: generally located at the northwest corner of NW Harlem Road and
N Main Street
AREA: approximately 3.36 acres
REQUESTS: To consider approval to amend a previously approved preliminary
development plan in District M1-5, to allow for the construction of
a single story warehouse.
Ms. Ashley Winchell, Staff Planner, presented the staff report and stated that staff recommended
approval for reasons presented in the staff report.
Chairwoman Macy asked to hear from the applicant.
Mr. Dudley Koch, Gardner City, Missouri; no objections to the staff report in full agreement.
Chairwoman Macy opened discussion to the public.
No one appeared in opposition.
Vice Chair Archie moved and Commissioner Baker-Hughes seconded the motion to APPROVE
Case No. 7300-P-6 SUBJECT TO THE FOLLOWING CONDITIONS:
That two (2) collated, stapled and folded copies (and a CD containing a pdf file, a georeferenced
monochromatic TIF file, and CAD/GIS compatible layer of the site plan boundary referenced to
the Missouri state plane coordinate system) of the full plan set, revised as noted below, be
approved by the Development Management staff (15th
Floor, City Hall) prior to City Council
consideration:
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 21 March 17, 2015
Plan corrections a-i per City Planning & Development, Development Management Division
(Ashley Winchell, [email protected])
a. Correct address to 114 NW Harlem Road.
b. Label plan as Preliminary Plan Amendment at either the top of the page or above the title
on the sidebar.
c. Show existing conditions on lots to the west that are currently used by Jones Iron and
Metal.
d. Buildings labeled as Johns Iron and Metal. Correct to Jones Iron and Metal.
e. Correct “Man Entrance” to “Main Entrance.”
f. Remove buildings to be demolished from plan.
g. Update the legal description to include entire property.
h. Property line and row of existing trees at northeast corner does not match up with City’s
aerial images. Verify location of existing trees.
i. Provide vacation ordinance number for north/south alley east of Vacated N Baltimore
Avenue.
j. Correct N Main Street (south of NW Harlem Road) to N Baltimore Avenue on the
vicinity map.
Plan corrections k-m per City Planning & Development, Land Development Division (Brett
Cox, [email protected])
k. Show the existing fence along N Harlem crossing the alley west of Lots 1 through 8.
Show removal of fence from alley Right-of-Way.
l. Revise Existing Gravel Entrance to meet current City Standards for paved entrance.
m. Revise the drive entrance on N Main St to meet current City Standards for paved
entrance.
Plan correction n per Water Services Department (Heather Massey,
n. Show location of existing sanitary sewer and water transmission main and easements.
Conditions 1-4 per City Planning & Development, Land Development Division (Ashley
Winchell, [email protected])
1. Provide landscaping in compliance with Section 88-425 “Landscaping and Screening.”
2. Parking and drive aisles must meet the requirements of Chapter 52.
3. Remove fencing from north/south alley next west of vacated N Baltimore Avenue or
vacate alley and provide easement to landlocked property owner.
4. Submit a Chapter 80 Final Plan for approval.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 22 March 17, 2015
Conditions 5-8 per City Planning & Development, Land Development Division (Brett Cox,
5. The developer shall submit a storm drainage analysis from a Missouri-licensed civil engineer to
the Land Development Division, in accordance with adopted standards, including a BMP level of
service analysis prior to approval and issuance of any building permits, and that the developer
secure permits to construct any improvements as required by the Land Development Division
prior to issuance of any certificate of occupancy.
6. The owner/developer must submit plans for grading, siltation, and erosion control to Land
Development Division for review and acceptance, and secure a Site Disturbance permit for any
proposed disturbance area equal to one acre or more prior to beginning any construction
activities.
7. The developer shall submit an analysis to verify adequate capacity of the existing sewer system
as required by the Land Development Division prior to issuance of a building permit to connect
private system to the public sewer main and depending on adequacy of the receiving system,
make other improvements may be required.
8. The developer must grant a BMP Easement to the City as required by the Land Development
Division, prior to recording the plat or issuance of any building permits.
Conditions 9-11 per City Planning & Development, Land Development Division (Jade Liska,
9. The proposed development is located in an area where the Charles B. Wheeler
Downtown Airport height zoning restrictions apply. No structure in this area should be
constructed which exceeds these restrictions.
10. The proposed project location is in proximity to the Charles B. Wheeler Downtown
Airport Part 77 Horizontal Surface with an approximate elevation of 908 feet.
11. This proposed development needs to review the City’s Airport height Zoning Ordinance
No. 040342 and associated maps.
Motion carried 7-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Gutierrez, Martin, May, and Macy
VOTING NAY: None
ABSENT: None
RE: Case No. 12202-SU-2
APPLICANT: Dan Braik
Braik Brothers Tree Care
8378 Interstate 70 Drive, SE
Columbia, MO 65201
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 23 March 17, 2015
AGENT: Matthew Hunt
Braik Brothers Tree Care
8378 Interstate 70 Drive, SE
Columbia, MO 65201
OWNER: Kevin J. Slyester
1609 Crystal Ave
Kansas City, MO 64126
LOCATION: Generally located at the northwest corner of Highway 40 and
Manchester Trfy.
REQUESTS: To consider approval of a special use permit in District M1-5
(Manufacturing 1 (dash 5)) to allow for a general recycling service
use and any necessary variances.
Applicant wasn’t present; Chairwoman Macy put it on hold until they could be contacted.
RE: a. Case No. 132-S-41
b.
c.
Case No. 14008-P-3
Case No. 14008-P-4
APPLICANT/OWNER: Gary L. Marvine
RJM Property, LLC
3939 Wyandotte St
Kansas City, MO 64111
AGENT: James C. Bowers, Jr.
White Goss
4510 Belleview Ave, Suite 300
Kansas City, MO 64111
LOCATION: Generally located at 3939 Wyandotte St.
REQUESTS: a. To consider amending the Westport Planning Area Plan by
changing the recommended land use from one/two family
residential to multi-family residential high-density.
b. To consider rezoning from District R-6 (Residential 6) to District
R-1.5 (Residential 1.5).
c. To consider approval of a development plan in lieu of a special
use permit in District R-1.5 (Residential 1.5) to allow the
continued operation of an administrative, professional, or general
office use.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 24 March 17, 2015
Mr. Joseph Rexwinkle, Staff Planner, presented the staff report and stated that staff
recommended approval for reasons presented in the staff report.
Chairwoman Macy asked to hear from the applicant.
Mr. Jim Bowers, White Goss Law Firm there on behalf of the applicant; Mr. and Mrs. Marvin
operated a nursing home and their administrative offices were located here; they had owned the
property since 1976 and had occupied it as administrative offices since that time. They were not
aware they were in violation of zoning ordinance until 2013; there was a dispute in the
neighborhood about parking; and one of the unattended consequences was a citation for the
Marvins for operating a business in a residential zoning district. They met with Councilman
Glover and Councilwoman Markenson in the neighborhood to discuss the issue at some length.
They believed that the neighborhood was 100% in support of the Marvins in fact the letter that
was delivered as part of the packet indicated that the neighborhood was thrilled that the Marvins
owned property in the neighborhood and they had been an excellent neighbor since they had
been there.
Chairwoman Macy opened up the discussion to the public.
Mr. Vern Barnett, 3948 Wyandotte; across the street from the property and he wanted to support
the proposed adjustment in the zoning; the owner of the property was exemplary; the
Neighborhood Association fully supported the use of the property.
Mr. James Groff; represented the neighborhood association; supported the application; and the
owner had stated if they ever did sell it would revert back to a residential property.
Mr. Bowers stated that at the time discussions were held they were planning to rezone the
property from R-6 residential to O which was an office designation; since that time, after
consultation with the staff, they had decided to rezone the property from R-6 to R1.5 which was
a residential classification which allowed by special use permit administrative offices; so they
would in fact had done what Mr. Groff had wanted them to do; there was no commercial
designation on the property; strictly residential. The business was generational; Mr. and Mrs.
Markenson had been there 40 years and their children were becoming involved and would be
there another 40 years; he didn’t know how much more stable than that it could get.
Ms. Binckley stated it was identified as Administrative Office to be its use; just adding the fact
that residential was an allowed use on there as well would cover what the neighbors were
wanting and allowing for that usage.
Vice Chair Archie moved and Commissioner May seconded the motion to APPROVE Case No.
132-S-41 WITHOUT CONDITIONS.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 25 March 17, 2015
ABSENT: Gutierrez
Vice Chair Archie moved and Commissioner May seconded the motion to APPROVE Case No.
14008-P-3 WITHOUT CONDITIONS.
Vice Chair Archie moved and Commiss-P-4ioner May seconded the motion to APPROVE Case
No. 14008-P-4 WITH THE FOLLOWING ONE CONDITION:
1. That two (2) collated, stapled and folded copies (and a CD containing a pdf file, a
georeferenced monochromatic TIF file, and CAD/GIS compatible layer of the site plan
boundary referenced to the Missouri state plane coordinate system) of the plans, revised
as noted below, be submitted to Development Management staff (15th
Floor, City Hall),
prior to ordinance request showing:
a. That a title be added to the plan stating “A Development Plan in lieu of a Special Use
Permit for Office, Administrative, Professional or General use”.
b. Provide the dimensions of the parking area in the rear yard.
c. Add a note stating no exterior lighting is proposed.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
RE: SD 1502 – Final Plat, Berkley Riverfront Park
APPLICANT/ OWNER: Port Authority of Kansas City
300 Wyandotte Street, Suite 100
Kansas City, MO 64105
AGENT: Rick Gard
Taliaferro & Browne
1020 E. 8th
Street
Kansas City, MO 64106
LOCATION: Generally located in an area bordered by E. Riverfront Drive on the
north, Front Street on the west, I-29/ I-35 to the east and railroad tracks
(KCS/ I&MRL/ UP & BNSF) to the south.
AREA: Approximately 20 acres
REQUESTS: SD 1502 – Final Plat, Berkley Riverfront Park - To consider
approval of a final plat in District MPD on about 20 acres, creating
one (1) lot and three (3) tracts.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 26 March 17, 2015
Mr. Joseph Rexwinkle, Staff Planner, presented the staff report and stated that staff
recommended approval for reasons presented in the staff report.
Chairwoman Macy asked about the setback; the property goes up to the sidewalks.
Mr. Rexwinkle answered that many plans recommended that buildings be to the street like on the
Troost Corridor to be better served by transit and it created a better pedestrian atmosphere; that
was an area of high pedestrian activity being between two university campuses so they felt it was
appropriate for a 0 setback.
Chairwoman Macy asked about the western side of the parking lot and if he was satisfied with
the landscaping to shield the houses on the west of the project site.
Mr. Rexwinkle said that the applicant had agreed to comply with the zoning and development
code requirements which required a solid fence or wall along the west side in addition to
landscaping.
Chairwoman Macy asked if they would see the final plan.
Ms. Binckley stated they could request it to come back to them.
Chairwoman Macy stated that the neighborhood had been involved with them on many issues
regarding the parking and she wanted to understand the parking. If St. Francis Church was built
today, what kind of parking requirements would it need?
Mr. Rexwinkle stated he thought it would need 1 per 7 seats; but he didn’t know how many seats
were in the church.
Chairwoman Macy asked if part of their church parking was for the project’s parking as well.
Mr. Rexwinkle answered yes; the plans stated there were a total of 254 spaces being provided
which would be parking for the church as well.
Chairwoman Macy stated that it was more of a student facility so there would be parking in that
parking lot when they were going to church as well.
Mr. Rexwinkle answered that both the residents and the church use which would be the two
principle uses on the property would be allowed to park on either of the lots that had not been
segregated by specific use type; the church would have different peak hours for parking than the
residents would and the students who would be going to church would walk.
Chairwoman Macy stated they lived there and would park their cars there but he had stated in in
his presentation the church right now was not required to have any parking because they were
exempt; if they were to have parking it would be 1 space per 7 seats but right now that number
was not figured into the parking requirement.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 27 March 17, 2015
Mr. Rexwinkle stated right, because it was not required; if they were expanding the church then
it would be recommended with the expansion.
Vice Chair Archie asked about the setback there now there was a setback with the church and
school the building line itself; bringing that all the way up to the curb he was saying it made it
more pedestrian friendly and created a more walkable environment; so the building would be 4-
stories high at the curb?
Mr. Rexwinkle stated there would be space within the right of way for a sidewalk; it wasn’t built
to the street it was built to the property line.
Chairwoman Macy asked if they recommended anything on the height; 4-stories going up to the
sidewalk.
Mr. Rexwinkle stated he wasn’t sure if there was a specific recommendation on height.
Vice Chair Archie asked on Volker & Troost where the townhomes were, was there a setback
there.
Ms. Binckley stated there was a setback there.
Chairwoman Macy asked to hear from the applicant.
Mr. Michael White, attorney for the Diocese, 4510 Belleview, Kansas City, Missouri; they
wanted to lead off with Father Ken Riley who was the judicial vicar for the Diocese to talk about
the background and the reasons for the request; he would handle the land use issues, Patricia
Jensen would go into the site plan; Mark Bryant would go into the parking issue; Michael Knight
of Stroud Construction was there to talk about the condition of the existing building; he had Mr.
Eric Osborn present on the issue of the feasibility of the project which they did not believe was
truly germane to the charge of the Commission today.
As staff had pointed out in their report, they did agree with all of the conditions they had
recommended; but they judged the application on the 8 standards set forth; and Mr. Osborn was
there to answer any operational questions they had.
Father Ken Riley’s position with the Diocese was Judicial Vicar but also Chancellor and
Moderator Cur ad; the location they were talking about today had become the subject of much
soul searching of the Diocese for several years. It was a Catholic Grade School Ministry from
1910 to 2003; it closed due to declining enrollment and lack of finances to keep maintaining that
ministry. In 2004 to 2009 St. Francis Xavier Parish decided to lease the building to a charter
school and since then the building had been vacant. The Diocese took over the expense of
maintaining and operating the building from August 2009; because of their Mission leaving the
building empty for such a long time was basically not an acceptable option; in looking at all the
options for that property approved the use that was being presented today as one they found most
financially sound and the one most clearly and appropriately situated in keeping with the Mission
of the Diocese. Early on the alternative uses that had been suggested by some of the neighbors
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 28 March 17, 2015
including an early childhood center, a culinary center, business incubator, kitchen center. No
one had approached them with a use that furthers their Mission and was financial feasible for the
source of funding.
Mr. White stated the request before the Commission today was to rezone 5.2 acres to a district
MPD and to approve the associated plan that they had filed with that. They would submit to
them that the land use was ultimately reasonable because it was basically student housing located
between two college campuses; it conformed to the Troost Corridor Plan and that was why City
staff was supportive of it.
Ms. Patricia Jensen, White Goss law firm; before them was similar to what they had already seen
before which was a colored rendering of what the site plan would like from an aerial point of
view on what they were proposing to construct; Joe had already gone through with that the
building was a U-shaped building at the corner of 53rd
& Troost; the middle building was labeled
as the “existing commons” was not actually used by the Parish right now; it was part of the
existing school site which had the gym; and they were proposing to preserve that gym building
and provide for both a common use of that property including much needed Parish Hall space as
well as student space for those students who would reside there. Those details weren’t worked
out yet with the Parish, those would have to be worked out as they moved forward, but that was
what the site plan was showing.
The next slide was the rendering of what the building would look like; Joe had stated it was his
preference to go back to the original rendering and they certainly were not opposed to that; they
felt like the new rendering would address some original comments that they had heard. As they
knew, the building was basically a private, residential function and it should project a residential
feel to relate to its surroundings; it was surround by two universities and primarily the materials
surrounding was an institutional style with various stones and greyish brick colors. It was also
adjacent to the Parish which was primarily Indiana Limestone.
The next slide showed the apartment model; showing private bedrooms, kitchen, washer/dryers
in each of the units as well as them being fully furnished; there would be a resident assistant on
each floor with programs and social activities to connect the community, the Parish and the
universities. It was a primary opportunity to engage the students in the life of the community
and in helping neighboring areas in doing outreach and service projects, etc.
The next slide was to emphasize they had a number of neighborhood meetings since February
2014 when they recommended denial of the rezoning; there had been 4 separate meetings with
neighborhood representatives to discuss the project. Prior to February 2014 there were at least 8
meetings with various neighborhood groups as the Diocese proceeded to engage the community
in the process. Prior to filing the plan on January 30th
they had a neighborhood meeting at the
church on January 28th
; pursuant to some of those neighborhood meetings and trying to work at
increasing the parking, originally when she set the letter up for an initial meeting, they had 156
spaces now they were up to 176 spaces.
As their discussions occurred with the neighborhoods they heard a number of things; one had
been the density of “too much” at that corner; they could see on the slide that the original MPD
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 29 March 17, 2015
submitted had116 units; and there today was 85 units. Another thing was increased parking;
parking was an issue and Mark Bryant would speak to the parking issue; the parking issue was
really a daytime issue because of the UMKC campuses; they had gone from 127 spaces to 176;
those were new parking spaces. They were not decreasing the Parish’s use of their existing
parking lot; they had 69 spaces and they didn’t propose to do anything there to decrease their
parking and the students/residents would not be parking in the existing Parish parking lot.
Chairwoman Macy, but they were using those spaces in the overall count?
Ms. Jensen answered they had emphasized their overall count of 176 was the new parking
spaces; that represented twice the number that was required; yes their plan totaled 254 but that
was because of the plan requirement to show and count all of the parking that was shown in the
plan. The number of new parking spaces being added was 176.
There was a concern about the site line for the existing Parish; they had moved the building
south as one of the original submissions to the site line as well as providing green space on the
north side of the site in between the Parish and the building. They were working on retaining the
existing gym building to make it a commons building and additional Parish Hall space.
Finally, it was said that one of the buildings was too high; originally, it was submitted with a 5-
story elevation on the east, 4-stories on the west; they were now at 4-stories on the east and 3-
stories on the west.
Mr. Mark Bryant, White Goss Law firm; the zoning and development code adopted by the City
required that the project had 85 parking spaces; what was provided in the plan was substantially
more than double. The other point, what they were proposing would relieve the pressure on the
surrounding area for more students coming into the area. The pressure was coming from the
existing uses not from the proposed use.
Mr. White stated they had received a lot of comments from the neighborhood about use of the
building and if they would like to hear more on rebuttal they could do that. The building would
be financed by tax-exempt bonds and ruled surrounding those bonds was that the residents could
be students only with the exception of perhaps some faculty members or some resident advisors;
it could not be opened to the general public. There would be bond covenants that would be
recorded with the Jackson County recorder of deeds to that effect; and were the covenants to be
violated the bond would lose their tax exempt status and that would make the bond holders very
unhappy.
The City had a desire for residential developments along Troost; it was consistent with the
Troost Corridor Plan; it was supported by staff; building size was consistent with surrounding
structures; the land use was eminently reasonable, it was student housing between two colleges
and without the rezoning there was no real viable option for the existing school building.
Chairwoman Macy stated that Father Riley had mentioned they had some consultants that
consulted with the Diocese who developed the proposal and came up to the conclusion that
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 30 March 17, 2015
student housing would be the best fit for the property and she was curious to know if their
consultants had met with UMKC, Rockhurst or the neighborhood.
Father Riley stated the two he had mentioned were the Diocese and Plans Council, both advisory
bodies to the Bishop so they took what was presented to them from the developer; those two
bodies did not meet with outside consultants or bodies; they did have their information presented
to them.
Chairwoman Macy stated then the decision to make it student housing did not involve the
neighborhood to come to that conclusion. In the previous cases, one of the things that they asked
was that the Diocese get involved with the neighborhood and have conversations; and in his
testimony he had stated that their consultant or board that the best use for the property would be
student housing; and she wanted to know that if in that decision if the neighborhood had been
involved to come to that conclusion.
Chairwoman Macy asked about the land use; when looking at the land use for it and engaging as
a student housing project, they received a letter from UMKC stating they didn’t feel like it was
appropriate; they didn’t receive anything from Rockhurst saying it was appropriate; she was a
little curious that not having the support of the two universities for the project raised a red flag
for her.
Mr. White stated the letter they had received recently from UMKC only raised the issue of
parking; because UMKC on their newer building certainly not on the older ones, used a standard
of .80 per bed parking spaces; they had .72 it was a pretty small difference. The other issue they
raised they were complaining of the quality of their engagement with the neighborhood; but they
never raised an issue about land use.
Chairwoman Macy stated that the neighborhood meetings and Ms. Jensen stated they had
numerous meetings; what was the notice time for those meetings, how many days in advance did
they notify UMKC and the neighborhood of those meetings. There had multiple times where
people have said it was very short notice.
Mr. Colby Crowl stated they had a meeting on the 28th
and the submittal went in on the 30th
of
January; what were the concerns at the 28th
meeting and were they addressed in the submittal on
the 30ths.
Ms. Jensen answered on the notices that went out at the end of January; they had originally
scheduled that meeting for January 16th
on January 6th
and that meeting was postponed and sent
notice to the four neighborhood representatives on January 13th
of the postponement. The last
meeting was scheduled on the 28th
that again was scheduled after talking with the representative
and formal notice, via email was sent on January 22nd
. She said the meeting on January 28th
was
attended by over 100 people.
Commissioner Archie stated that it sounded like the intended use was there would be some
restrictions or whatever was laid out in the covenants would open the door to students from
UMKC and Rockhurst or students in general to occupy the properties. How they would use the
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 31 March 17, 2015
property he didn’t know if it was his roll to say “this is what you should do with the property.
He was listening to more or whether or not on how the property was laid out fits the décor; it was
an invasion into that area if it integrated and fit well was part of their responsibility; there were
other issues and he appreciated the neighbors’ voices on its recommended use was a negotiation
that should take place between them and the neighborhood. He would be concerned, for his role
and responsibility, it fits in the neighborhood and the community as it was laid out now.
Chairwoman Macy opened up the discussion to the public.
Mr. Les Kline, 5431 Charlotte; President of the Rockhill Association; also the President of
UMKC/Volker’s Neighborhood Council and also President of the 49/63 Neighborhood
Coalition; the 4963 Neighborhood Coalition enthusiastically supported the values and inherent of
the MPD process because they clearly reflected community values prescribed for projects for
benefit of their local neighborhoods and the City at large. Those values included flexibility,
public benefit, stewardship of resources, compatibility of design and social equity. There was
much to support in those principles, they were written by their fellow community members.
There was one value inherent in the MPD process that perhaps they held above all others; to
them it was the embodiment and foundation of all the others and that value was community
engagement; it was the one thing that neighborhoods respected the most because it showed a
willingness to meet them where they lived. In the three year history of the project their
community had not been sufficiently engaged by the Diocese of Kansas City/St. Joseph in any
way that they recognized as authentic. The first time they were there in 2012 community
engagement was so deficient that the Body of the CPC unanimously denied approval of the
project and supported the community needs assessment surrounding the existing St. Francis
School. That needs assessment was completed by BNI and published in June of 2013. It
included Diocesan representation and showed clear broad-based support for repurposing the
existing building for purposes of education, health care and connecting neighbors. They had
hoped the Diocese would have recognized the connection between those community needs and
the Catholic Mission; particularly the Mission of St. Francis Church a community of faith in the
heart of their neighborhoods. The second time the community faced this project was in February
2014; they were notified only a few days before a hearing date through a second-hand source,
not the Diocese that the project was again on the docket before the CPC and there was even less
community engagement and communication than before; again the CPC denied approval citing
the lack of community engagement. As a result a group of neighborhood and Parish leadership
requested to meet with Diocesan representatives about implementing the findings of their needs
assessment with the hopes of finding a win-win; what became clear from several meetings with
the Diocese was the unflinching commitment to the original project; they were told that the ideas
expressed in the needs assessment were not viable and not on the table for discussion. To their
concerns that it did not meet community needs and had virtually no community support among
their local area residents, they had to agree to disagree. In short, from their perspective the
community engagement offered by the Diocese amounted to offering them less of what they had
never said they wanted in the first place. They didn’t feel it was responsiveness to community
needs and concerns.
He asked for the audience to please stand (full audience) that lived in the community and
attending St. Francis Xavier Church; please stay standing who opposed the project and the same
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 32 March 17, 2015
still remained standing. There were those in their community who supported the project, but
there was a vast majority that had concerns and had more questions than answers.
Mr. Bill Shift (sic), 5400 Cherry; member of St. Francis Xavier parish; wanted to talk about two
areas: (1) the church had been without a parish hall for 3 years; it was located in the old school
building; it was closed by the Bishop with 5 days’ notice which undermined the aspects of the
functioning of a church; it was difficult to have educational presentations, children’s programs,
boy scout meetings, social gatherings, etc. They were offered a space for their parish hall in the
new building; however, the determination of that parish hall had been an excruciating process.
They were told that the old gym would be provided for use and would get that information about
how it was divided and it never came. At the next meeting, they asked the same questions about
the parish hall; they wanted to know the dimensions, kitchen and how it could be used, etc. but
the answers were promised later, always later. At the last meeting there was still no answers
provided but were given another surprise; the control of the parish hall would become the
domain of the administration of the proposed dorm. They were told a tax exempted bond
requirement necessitated 50% control of the hall. The control of the parish hall had always been
promised to St. Francis Xavier Parish and now they would now be required to seek permission to
use it. Yet, they know from testimony at a St. Francis hearing that the gym would likely be used
only once or twice a month by student housing. That was another example of a promise not kept.
They had been lied to and kept at arm’s length with negotiations despite being invited to enter
into a process that would determine the outcome of the building.
Secondly, the Diocesan planning process had been disappointing; the MPD provided the dorm
would provide housing for all ages, sizes, incomes and lifestyles. He didn’t see that happening.
He was disappointed in the Diocese and hoped they denied their request.
Mr. Kenneth Spear, 5310 Holmes; had been involved with the process of trying to come up with
a solution that the community would appreciate. First, he felt the Commission deserved an
apology from everyone that was there because there was really no reason they should be back
there. If the Diocese and the Bishop, which was the first time he had come to a public meeting
on it had met them where they said they would, in the middle, and they were back looking at a
nonviable use. He knew that if city staff would have known the truth about what had been
presented at public meetings, they would not have supported it. The project had gotten smaller,
but it was still too big for the site. He also felt that parking would be a big problem.
Dr. Eric Wasmall (sic), 446 E. Meyer Blvd.; went to UMKC, he lived in the Brookside area; and
he supported the project. When taking into consideration trying to bring college students
together was a wonderful idea. He read an article from a psychology magazine; “Research
consistently shows that engagement in religious activities is directly related to positive psycho-
social, educational and behavior” development.
Mr. Keith Speaker, President of the South Plaza Neighborhood Association; everyone had talked
about parking; he would like to talk about the effects of putting 200 students in little bitty
cubicles where there was almost no space for anyone to live comfortably. If you wanted to do
something nice for students, give them a facility where they had room to move; where they could
congregate and talk; those rooms do not sound like they had room for a computer. What would
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 33 March 17, 2015
happen if there would be conflict; sex eventually, people fall in love; if people were not
adequately cared for the community would be negatively impacted. That was really important;
mental health cannot be sustained in that kind of density and if you were not welcomed by the
neighborhood it would be worse.
Mr. Bruce Palmer, 215 E. 79th
Street; the existing school building was what could be called a
“low road building”; they survived because they were sturdy, flexible and adaptable; because of
those things they were “loved”. The dormitory that was proposed was neither sturdy, flexible or
adaptable and then the neighborhood would be stuck with a structure where there was no history
and consequently no affection. Would the project, if built, attract the 226 students it needed to
be financial sustainable; who would sign their consent to a code of conduct regardless of their
faith a code that the developer on January 28th
said it would be enforced if necessary by the use
of security cameras. He wanted to emphasis he supported Bishop Finn’s intention to rekindle the
diocese ministries to Catholic students at UMKC; but those students’ needs were genuine; the
question was whether those needs were best met by the construction of the proposed structure or
by the imaginative repurposing of the existing school building to accommodate a smaller number
of UMKC students who were interested in living in a Christian community together with a large
number of simply those who wanted a “go to” place not a dwelling, i.e. a Newman Center, a
meeting center, a chapel and a priest which the feasibility study conducted came up with 80%
were more in preference to that than a dorm.
Mr. Bob Jenkins, 601 Lydia; and listening to what had taken place today and that was that the
viability of the proposal was seriously in question; and being in the business of rental to students
none of them wanted to pay more than $350.00 per student, $500.00 all utilities included and
parking; with the new proposal parking would be additional to the rent which might also explain
why Rockhurst parking was empty; students did not like to pay additional for parking; not only
was the problem of parking in the neighborhood not resolved, it had expanded. The second was
the amount of money the project was asking per student and that was totally not viable with the
students he had talked with and he had talked with 25 within the last week.
Ms. Jane Lawson, UMKC student; supported the project as a student at UMKC and as a
Catholic; would like to have a community of support and a high number of people fall away
from their faith in college and she believed it would be a place where students could go to and
worship and have that faith-based family that was needed for support.
Mr. Austin Volora (sic), UMKC student; they would like a place to gather and grow in their
faith; they needed a bigger space to do that. Please support the project.
A lady dressed in black and addressing the audience made a statement (inaudible) “Mere”;
founder of the Society of Jesus;
Mr. Daniel Bonderer (sic); 5736 Harrison; he thought everybody wanted something that was
good for the community; one thought, 65 years old, went to 1st grade at St. Francis; Parish
recognized the need for a new school; over 3 to 4 years they evolved from the old structure to the
new structure now. The structure now was part and parcel responsible for thousands of Catholics
in the City, students, alumni who had been educated by the Sisters of the Blessed Virgin Mary
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 34 March 17, 2015
and the Jesuits who were in Kansas City living in other parishes who sent their kids to Catholic
colleges and continue to attending Catholic school and they were all educated at St. Francis
Xavier.
Ms. Lois Culverson, 2801 W. 62nd
Terrace, Mission Hills Kansas; member of the parish for 17
years; they had been given a lot of misinformation and the Bishop did send a letter asking them
to attend the meeting in support of his project; they brought the photos of the project and only
brought two sides of the building; the back of the building would be a mess because there would
be underground and above ground parking which she thought it would detract from the building.
They were not seen the entire project and there had been a lot of misinformation.
Sister Connie Balt; Superior General of the Sisters of St. Francis; alumnus of UMKC and
Rockhurst; she was in support for the following reasons: First, it was location was so important;
right where the students are and that was what was needed. The most important thing about the
project had to do with the students; not with the buildings and what they looked like. The project
would provide opportunities for the students to build and support their faith-life through
educational and spiritual offerings; it would allow them to live in an environment where Catholic
values were encouraged and lived by others of their own age and their own interests. It meant
building relationships; relationships with other students who were like-minded which was
important in keeping their young people on a track of morality, of conscientious life –style.
Ms. Bria Roger, 10755 NW Hillsborough Rd.; not involved with the project but shehad been
involved with education, catholic ministry and the many benefits of residential living; she had
experience around the country with projects like it and it was thriving along with others; she
wanted to share that with them; she was 100% confidendt with her past experience it would be
successful.
Ms. Carolyn McDonald, 5412 Locust; she wasn’t a member of St. Francis and as a member of
the area she had gone to meetings that would be held there; her concern was the viability of the
Church; one of the things was necessary was a Parish Hall and with the problems with the
parking. A concern she felt there had been was “half-truths”; they weren’t privy to the plans.
Kathy Baily, 709 N 87th
Street; they were strong believers in the Catholic Church; she thought a
strong Newman center/area for gatherers of like-minded, like-faith students; they didn’t need to
close in an area of restrictive settings of housing for their faith to be preserved. It seemed it had
limits the Mission of the church.
Ms. Mary Earnst Murphy, 411 W. 57th
Street; if the parish stays viable; and she opposed the
project because she thought it challenged the viability of that Church; one thing she came back to
was the use of that community space; she didn’t see how residences/dormitories would help to
continue the Church to be viable.
Ms. Amelia Ernsman, UMKC student; and she supported the project she agreed with the
previous speakers that were in support of the project.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 35 March 17, 2015
Mr. John Gail, 635 E. 70th
Street; attends St. Francis; wanted to address “the fit”; the project
cannot meet the Church’s needs on the scale that was proposed. The dual nature of the facility
was not just a residence hall it was also to be something like a Newman Center; there was no
accommodation for parking. The parking was for the residents only; if the residents had visitors
there would be a problem.
Mr. Dave Denutzo, Director of Campus Ministry for the Diocese; he believed that all were
understanding was that there were two sides; he didn’t think they were concentrating on the
facts. It was the property of the Diocese, they were working to accommodate, although they
disagreed, but more importantly from his office for the specific and needed use for campus
ministry within the City. They sorely needed space to serve their Catholic students, specifically
UMKC but also Rockhurst, which was private, was why they did not serve them technically.
Mr. Thomas Lynn, 10000 Woodson; wanted them to read the last 3 lines inscribed on the wall
behind them “let honor, truth and justice rule within these walls”; they had heard person after
person say they had asked questions and more questions and the response “will we get to that
later”. He didn’t have a problem with what they wanted to do with the building, but the truth
hadn’t been told. The people that lived there, worked there had not been told the truth. For
example, he didn’t understand, he was making a sacrifice as a lot of people were, to pay off the
Parish debt, the debt was to the Diocese because Parish’s can’t borrow money they had to
borrow it from the Diocese; they paid it off, what do they have for it? Nothing; the Diocese came
in and said “they wanted the building”; he would like to know if any other building in the
Diocese was renting or leasing to a Charter school or private school and it was income.
Mr. Dominican Winn; supported the project to promote the Catholic community.
Mr. Jack Copley, 631 W. 58th
Terrace; his concern was that he had no confidence in the financial
viability of the project; especially with the property attached to Bonds; and he was afraid of what
might happen to his Parish.
Ms. Carol Train (sic); 5324 Locust Street; she could speak for most of the residents that lived in
the area and said they would support that students would get housing; but that really was not the
role of the Diocese; that was the role of the universities to provide housing for students. At the
January 28th
meeting she was surprised that the project represented the Mission for the Church;
very expensive tight quarters and not addressing the needs of the Parish or the wishes of the
community. The excitement one year ago was where the Church, the community and the
neighborhood could address the real needs of the “community” from there across Troost; in some
way it was a very different mission that the neighborhood and residents understood; she would
encourage the Diocese to go back and work with the group of energetic residents.
Mr. Vincent Goteay (sic), 5720 Rockhill Rd., Kansas City; representing of the neighborhood St.
Francis Xavier Parish and a long time adjunct professor at UMKC who generally understood the
conditions that existed in the subject property. He and his wife were actively involved in the
area and the Troost Corridor Action Plan as well as St. Xavier Church and school which had
been there over 100 years; he wanted to focus on the facts and the context related to the specific
site.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 36 March 17, 2015
They were not getting a fully accurate assessment of the property by jumping from the first
project to this project to make it seem there was a significant reduction in size. In fact, the last
time this Body saw the project in 2014 it was 283 beds and now it had 237; that was exactly
equivalent from going from 850 lb. pig to a 710 lb. pig; it was still a big pig.
First it showed that parking had been cut into the Church’s lawn on the north side of the drive;
that was inaccurate; second, it had been shown that the existing building was a large block
building; when in fact, it was a “C” shaped building with a substantial playground/greenspace;
this was important.
His main objective was the issues of context in the staff report and it was critical in 3 particular
areas; (1) the immediate institutional surrounding with their setbacks; (2) the neighborhood
which has some of the worst parking issues in the City; and (3) the institutional history in this
area in doing true community engagement.
1. The immediate institutional surroundings with their setbacks. He had been involved
with the Parish Building Committee for 15-years; please visualize the immediate area of
Rockhurst University and St. Francis Xavier with their green wall and stone work and
appropriate setbacks for these institutions. As noted, every institution, even the housing,
immediately north had setbacks; green buffers between the large buildings and the
sidewalks; the improper setbacks on this project were an affront to the neighborhood.
The plan was not compatible with other improvements around. There would be a
continuous 430 feet of mass wall with no access to the building; 6 inches between
building and sidewalk and you couldn’t grow bushes in six inches.
2. Parking. On Sunday he had counted 20 cars parked in the area being removed by the
project that they would lose at St. Francis Xavier and that was during spring break when
the demand was even less than normal. Where would the majority of the kids and their
cars be on Sunday, early mid-morning; very likely in their dorm? When would they have
their meetings and gatherings; he was a staunch supporter of shared parking; but
understand the real contest and the staff report was void of the real contest. For example,
parking could be shared with the church and staff agreed with the proposed amount of
parking; frankly, the church was going to lose all of the upper lot, 75 spaces as well as a
refigured drive and no required new parking for potential tenants or visitors to the
building and they think that it was going to work.
3. The institutional history in the area in doing true community engagement. Both of the
universities which it was purported to serve had vastly improved their community
engagement processes over the years. Why is this institution not being held to the same
standard? As part of what they had heard today, there were 3 examples; first, they hadn’t
seen a legal description of what part of the St. Francis Xavier property was being
transferred to the shell 501(C)(3) to do the project; secondly, at the one single public
meeting, the developer committed to specifically providing an updated market space and
they never have; thirdly, the actual owner of the school was not the shell 501(C)(3), but it
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 37 March 17, 2015
was the Parishioners who were the ones who spent the money to build that Church--$1
million.
The Church could lose the property; and then reduced green space; over 26,000 sq. ft. of the
current school was now basically green pervial area; the proposal generally had 12,000 sq. ft. of
such pervial space; 38% of the site was now green compared to only 16% going ahead with the
plan; more than double; it did not preserve natural resources; in fact, it was being negative to it.
They believed the denial of the application would not cause a hardship on the owner, please deny
the request and protect the neighborhood community.
Mr. White responded that a lot of people believed they could save that building; they wished
they could agree with that; they didn’t make the decision lightly; they relied on the experts who
knew about construction to tell them it was not a viable option. That was very important there
today because if the zoning for the project was turned down, what was left to do with that
building; they sincerely believed and he didn’t denigrate the people who disagreed with them,
but based on the experts they heard they just didn’t think it would work.
Again, they agreed with the staff report; the 8 standards which the Commission was charged to
judge the case; staff had found that the project met and had recommended approval.
Commissioner May asked about the parking; she had heard reference to underground parking
was there going to be underground parking, and if so, how many; secondly, there was reference
to the occupants to the building they were going to construct, would there be a parking fee for
the people who lived there?
Mr. Bryant answered there were 13 spaces that were under the building the others were surface
parking; any student who attended UMKC or Rockhurst had to pay a separate parking fee; visit
their website and they advertised that in no uncertain terms.
Commissioner May what were the costs to rent the units and what were they?
White Goss representative answered 799.00 per dollars for a 4 bedroom up to a one bedroom
would be 1200 (mostly for resident advisors) with utilities.
Commissioner May asked if there was going to be common space within the building they were
constructing and if so, could he describe that.
Ms. Jensen answered there was a fitness space for those students as well as the administrative
office buildings and chapel space for the students to be able to go to worship; just for the
residents of the building.
DISCUSSION:
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 38 March 17, 2015
Commissioner Archie said his greatest concern was the design and setback and its fit,
architecturally; he didn’t think it was a fit for that particular community; all of the other issues,
some might be debatable, but he was concerned that the process was not a process that they
endorsed and it was not a process that they had tolerated in the past in other cases. Even if the
process was well done with much involvement and community support, he would still have a
concern for that building having no setbacks off of Troost in that space.
Commissioner May agreed with his concerns; today’s planners felt that they didn’t have to have
setbacks, but with the setbacks within that area seemed appropriate that there be setbacks; there
was beauty in a setback and one of the things that concerned her was that the center part of the
city was making sure they didn’t forget about how things look. Increasing the pride that people
had in the area and being able to refer to it as a place of beauty.
Commissioner Crowl stated it was a wrestle between the criteria put forth in order to develop the
project before them and how to go about the process; having two pieces to him. As far as the
project itself, the criterion was being met. The process of getting there to the particular project in
what had been presented was one that was not supported from even the Parish itself as well as
the residents around it and it was hard for those members to get on board and support it by those
would use it and pay for it really.
Commissioner Baker-Hughes stated she believed the setbacks drove the entire conversation; the
setbacks drove the number of parking spaces available; drove the look within the community;
drove where the master plan went; and she was opposed to the process.
Commissioner Martin agreed; the community engagement had been less than nil from the
beginning and the Church had stated its Mission was having community involvement and
engagement and she didn’t see where they had fulfilled that Mission with the surrounding
neighbors, in her opinion; she didn’t like the setback or the design; if she would vote on a design
it would be the first one that was presented. She wasn’t in favor of it because of lack of
community engagement with the surrounding neighbors.
Chairwoman Macy stated she was concerned with the setbacks; but she stated that creating the
facility for Catholic students which UMKC and Rockhurst were not supportive was a red flag for
her; also the facilities would just be used for the people that lived there; she understood that was
what had to be done for the financing of the project, but the testimony they heard from the
people that were for the project asked for them to provide space for which they could have,
serve, study and be together and if they didn’t live there, there wasn’t going to be an opportunity
for that; to her, the Mission which was stated by the people that wanted it, it didn’t meet what the
people who were for stated that they needed. Parking was another issue; she felt like if they did
approve the plan it would be difficult for the people that attended the Church to have parking for
funerals, for anything other than Saturday and Sunday services with the students that would be
parked there; she thought it would be intruding on the neighborhood and she felt she would be
remiss by adding that burden on the neighborhood. Lastly, the engagement that had taken place,
she specifically asked certain questions, because the previous two times that the Diocese had
come before them, the Commission had specifically asked that they go back out into the
community and engage the community; she realized it was a new case and they had to look at it
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 39 March 17, 2015
objectively, but she didn’t feel like they had engaged the community; for that she would have to
vote on denial of the project.
Vice Chair Archie moved and Commissioner May seconded the motion to DENY Case No. 249-
S-13.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
Vice Chair Archie moved and Commissioner May seconded the motion to DENY Case No.
14296-MPD-2.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
RE: Case No. 12202-SU-2
APPLICANT: Dan Braik
Braik Brothers Tree Care
8378 Interstate 70 Drive, SE
Columbia, MO 65201
AGENT: Matthew Hunt
Braik Brothers Tree Care
8378 Interstate 70 Drive, SE
Columbia, MO 65201
OWNER: Kevin J. Slyester
1609 Crystal Ave
Kansas City, MO 64126
LOCATION: Generally located at the northwest corner of Highway 40 and
Manchester Trfy.
REQUESTS: To consider approval of a special use permit in District M1-5
(Manufacturing 1 (dash 5)) to allow for a general recycling service
use and any necessary variances.
MINUTES OF THE MEETING OF TUESDAY THE CITY PLAN COMMISSION 40 March 17, 2015
Ms. Binckley, Assistant Secretary stated the applicant had been there earlier and was willing to
come back but would agree to a continuance to the April 7, 2015 meeting date without fee.
Chairwoman Macy asked if there was any one in the audience; there was no one to oppose this
matter.
Vice Chair Archie moved and Commissioner May seconded the motion to CONTINUE Case
No. 12202-SU-2 to April 7, 2015 without fee (No Testimony – No Set Quorum).
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
OTHER MATTERS:
Approval of minutes from the February 17, 2015 meeting date; Vice Chair Archie moved and
Commissioner Martin seconded the motion to approve the minutes from these meetings.
Motion carried 6-0
VOTING AYE: Archie, Baker-Hughes, Crowl, Martin, May, and Macy
VOTING NAY: None
ABSENT: Gutierrez
There being no further business, Chairwoman Macy adjourned the meeting at 1:50 p.m.
Respectfully submitted,
Diane M. Binckley, AICP
Assistant Secretary
APPROVED:
______________________
Babette Macy, Chairwoman