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Urban Planning and Land Use

701 North 7th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning To: City Planning Commission From: City Staff Date: January 14, 2019 Re: Change of Zone Petition #3161

Master Plan Amendment #MP-2019-2 Vacation Petition #A-2018-7

NOTE: If the Board of Zoning Appeals Case (#2301) is denied, this application will not be heard as revisions would be necessary. GENERAL INFORMATION Applicant: Wil Anderson Status of Applicant: Representative BHC Rhodes 712 State Ave Kansas City, Kansas 66101 Requested Actions: Change of Zone from R-1(B) District to CP-0 Planned Nonretail Business District Date of Application: April 3, 2018 Purpose:

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Rezone existing school and school yard for offices and parking. Property Location: 813 Barnett Avenue Existing Zoning: R-1(B) Single Family District Surrounding Zoning: North: CP-0 Planned Nonretail Business District

South: R-1(B) Single Family District East: R-1(B) Single Family District West: R-1(B) Single Family District

Existing Uses: North: Single Family Houses and 8th Street Park South: Single Family Houses East: Proposed Unified Government Parking Lot West: Single Family Houses Total Tract Size: 1.1 acres Master Plan Designation: The Downtown Master Plan designates this property as Public/Semi Public and Urban Residential Major Street Plan: The City-Wide Master Plan designates Barnett Avenue as a Collector Street. 8th Street is a local street. Advertisement: The Wyandotte Echo – April 19, 2018

Letters to Property Owners – April 17, 2018, April 23, 2018, June 1, 2018, July 3, 2018, August 8, 2018, November 1, 2018 and December 2, 2018

Public Hearing: January 14, 2019 Public Opposition: None to Date PROPOSAL Detailed Outline of Requested Action: The Applicant, Wil Anderson, has submitted a change of zone application, master plan amendment, and vacation application in order to redevelop the former Central Elementary School building as offices and to redevelop the existing school yard as a parking lot. The vacation application is for a 20 foot wide alley that appears to be vacated in the Unified Government’s parcel map, but research by the surveyor indicated that this action is necessary to ensure that the alley is actually vacated. City Ordinance Requirements: Article VIII Sections 27-340 – 27-765 and Article VII Sections 27-245 – 27-339

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FACTORS TO BE CONSIDERED

1. Neighborhood character.

This property is located in the downtown area adjacent to the Municipal campus.

2. The zoning and uses of properties nearby and the proposed use’s expected compatibility with them.

An office use may compatible with the zoning and uses of properties nearby if appropriately buffered from residential uses. However, introducing a commercial use in a residential use may create compatibility issues if not carefully designed to meet the commercial design guidelines.

3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property? The property is suitable for an office use. Removal of the restrictions will may detrimentally affect nearby property by introducing a commercial use into a residential area.

4. The length of time the property has remained vacant as zoned.

The building was formally the Central Elementary School, but it has been vacant for some time.

5. The extent to which the proposed use is reasonably necessary for the

convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality or marketability of nearby property.

The proposed use will provide office space near the municipal campus and will not substantially or permanently injure the appropriate use, visual quality, or marketability of nearby property.

6. The extent to which the proposed use would increase the traffic or parking demand in ways that would adversely affect road capacity, safety, or create parking problems.

The proposed use will increase traffic and parking demand, but not to the extent that it would adversely affect road capacity, safety, or create parking problems.

7. The degree of conformance of the proposed use to the Master Plan.

The proposed use does not conform with the Downtown Master Plan. A Master Plan Amendment will be necessary.

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8. The extent to which the proposed use could cause environmental harm or enhance the environment.

The proposed use is not foreseen to cause any environmental harm.

9. Development of such character that it can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise or other adversity.

The development is of such a character that it can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise, or other adversity.

10. The extent to which utilities and public services are available and adequate to serve the proposed use.

a. Water service

Existing

b. Sanitary sewer service

Existing

c. Storm water control

To be designed to city code.

d. Police

Police service is provided by East Patrol, District #115

e. Fire

Fire service is provided by Station #1

f. Transit

This area is well served by transit with the 7th and Minnesota transit center within 4 blocks

g. Schools

Kansas City, Kansas USD 500

h. Streets

See item #6 above

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11. Streets are designed so as to provide a safe, convenient and functional system for vehicular traffic, and having such width, gradient, location and structural quality as to accommodate prospective traffic as determined by existing and probable future land and building uses.

12. The streets in the area provide a safe, convenient, and functional system for vehicular traffic, and having such width, gradient, location, and structural quality as to accommodate prospective traffic as determined by existing and probable future and use building uses.

13. The economic impact of the proposed use on the community.

Redeveloping this property as an office building could be an economic benefit to the community.

14. Assurance that buildings, lots, blocks, parcels and streets are so arranged as to afford adequate light, open space or air, to facilitate fire protection, and to provide for long-term sustained real estate values. The buildings, lots, blocks, parcels, and streets are arranged as to afford adequate light, open space, or air, to facilitate fire protection, and to provide for long-term sustained real estate values.

15. Development patterns are designed with due regard to topography, so that the natural features of the land and vegetation shall be protected and enhanced. The development patter is designed with due regard to topography.

16. Adequate sites are provided for schools, parks, playgrounds, and other community services so that residents of all neighborhoods shall have convenient access to such facilities. Adequate sites are provided for schools, parks, playgrounds, and other community services.

17. Vacation will not create utility conflicts. The vacation will not create utility conflicts.

18. The capability of the proposed use to meet applicable ordinance requirements.

The building is capable of meeting applicable ordinance requirements.

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19. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners.

Redeveloping this property as an office building could be a gain to the public welfare, but it also could pose a hardship to neighboring property owners by introducing a commercial use into a residential area.

NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on April 25, 2018. Meeting Minutes and a sign in sheet are attached to this report. KEY ISSUES Conformance with Master Plan Zoning Variance for Parking Complete Site Plan Parking lot design, landscaping, and setbacks Sidewalks Landscaping STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments:

1. Conformance with Master Plan The proposed use does not conform to the Downtown Master Plan. A Master Plan Amendment petition will be submitted in conjunction with this application. Applicant Response: Agree with the need to request a Master Plan Amendment as part of the Rezoning Application.

Staff Response: This change of zone petition #MP-2019-2

2. Zoning Variance for Parking

The proposed parking lot is providing fewer spaces than required by code. Please submit a zoning variance application for the number of parking spaces. Applicant Response: BOZA Application for Variance for parking will be submitted in September. Staff Response: There is zoning variance petition #2301

3. Complete Site Plan and Elevations

A complete site plan showing the proposed condition of the entire property is required for change of zone applications. The submitted site plan only shows existing conditions for the entire property and the proposed changes for the parking lot. Are any changes proposed on the site beyond the parking lot?

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Please also submit building elevations showing any proposed changes to the building.

Applicant Response: We have put together the complete site plan and this was discussed at the meeting with Martin Ntonjira and Zach Flanders on Friday September 21st. We are making changes to those plans as a result of that meeting.

4. Parking Setback The C-0 zoning district requires a parking setback of 25 feet from any street right-of-way line and 6 feet from any property line. The setbacks of the existing pavement can be considered a legal nonconforming condition of the property; however, this nonconforming condition cannot be expanded. The site plan shows the proposed parking setback closer to the property line than the existing conditions on the east and south sides, please revise to match existing conditions. Applicant Response: Understood and this creates the need for the BOZA Variance application in Item 2.

5. Parking Dimensions Parking spaces must be at least 9 by 18 feet. Ninety-degree pattern, single loaded aisles require a cross dimension of 44 feet. Please revise to ensure all parking spaces and aisles conform to this standard. Applicant Response: We have addressed the 9 x 18 on the complete site plan.

6. Parking Lot Landscaping Groups of parking of between 40 and 50 spaces must be separated by a ten-foot wide landscaped median or berm, or pedestrian walkway within a landscaped median. Please provide a landscape median with trees in the interior of the parking lot. Applicant Response: Note Item 4. Further reduces the number of spaces and we are looking at the final number of compliant spaces that may impact the need for a landscaped median or berm in the middle of the area.

7. Sidewalks Sidewalks are identified in the Sidewalk and Trail Master Plan for replacement. Sidewalks shall be replaced with 6 feet minimum width sidewalks. Applicant Response: Sidewalks will be replaced where necessary. Staff Response: Replacing all the sidewalks on Barnett and 8th is necessary because they do not meet the 6 feet minimum width standard. (The initial draft report mistakenly listed the standard as 5 feet minimum width).

8. Landscaping Please provide a landscape plan that meets the following:

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a. Landscape berms and/or continuous rows of shrubs are required to screen parking from adjacent development or public streets. Shrubs used in this area must not exceed a maximum height of 30 inches at maturity.

b. In general, formal, stand-alone trees are encouraged to be planted in landscape zones along major streets and medians. These trees should be planted as follows:

i. One tree with a minimum caliper of two inches (ornamental) evergreen trees must be at least six feet tall when planted provided for every 30 feet of street easement or frontage.

ii. Street trees should be planted no closer than 55 feet and no more than 65 feet apart. Groupings of ornamental trees and shrubs should be placed between the street trees.

c. All landscaping shall be irrigated d. All shade trees shall be at least 2” caliper. All evergreens shall be at least

6’ in height. All shrubs shall be 5 gallons, external to the site and 3 gallons internal to the development when planted.

Applicant Response: We will include a Landscape Plan with the Final Development Plan Staff Response: The preliminary site plan includes four site trees and shrubs screening the parking lot. It does not include any street trees or screening and buffer plants along the property lines in common with residentially zoned property. The C-0 District and Commercial Design Guidelines require a minimum of 14 area trees and 17 street trees. In addition, screening or buffer plants are to be provided along all side and rear property lines in common to or across an alley from single family or two-family zoned property (the entire west and south property lines).

9. Final Plan required A final development plan must be submitted, reviewed, and approved by the Planning Commission prior to any permits being issued.

Applicant Response: Understood.

10. Please explain how the owner intents to follow Building codes as it has been an issue on another project by this owner.

Applicant Response: We will agree to the stipulation of following the building codes. Staff Response: Applicant will follow all building codes and maintain the site and building in excellent condition at all times. This includes but is not limited to making sure brick and stone is in good condition, windows and doors are operational, and landscape is maintained.

11. Alley vacation

Although this alley is shown as vacated already on the UG parcel map, property research indicates that this action is necessary to ensure this alley is vacated.

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Public Works Comments: A) Items that require plan revision or additional documentation before engineering can

recommend approval: 1) Detailed engineering comments are made by separate technical review of the

plans and submitted directly to the applicant. Provide revised plans and responses in accordance with the engineering comments.

2) Construction plans shall meet UG standards and criteria and shall be reviewed and approved by UG prior to construction permit acquisition.

B) Items that are conditions of approval (stipulations): 1) None

C) Comments that are not critical to engineering’s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None

Staff Conclusion: The proposed development does not meet the commercial design guidelines in terms of buffering, landscaping and quality of development. The proposed parking lot does not include any internal landscaping, and the number of area and street trees proposed is below the 14 area trees and 17 street trees required by code. The proposed plan does not include any of the required screening or buffer plants adjacent to the residentially zoned properties to the west and south. This plan does not meet the commercial design guidelines and introduces a commercial use into a residential area without providing the required landscaping and screening. Introducing a commercial building will like increase neighborhood parking. The only hardship for the applicant if this application is denied is that he would need to find an alternate use for the property. For all the reasons listed above and the fact that this could impact already tight neighborhood parking, staff recommends denial of the change of zone and master plan amendment. STAFF RECOMMENDATION

Staff recommends that the City Planning Commission concur with the findings contained within the staff report related to Factors to be Considered and Key Issues and recommends DENIAL of Petition #MP-2019-2 and #3161 subject to all comments and suggestions outlined in this staff report. Staff recommends that the City Planning Commission concur with the findings contained within the staff report related to Factors to be Considered and Key Issues and recommends APPROVAL of Petition #A-2018-7 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Site Plan Neighborhood Meeting Materials Alley Vacation Exhibit Site Photos

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REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Board of Commissioners Public Hearing January 14, 2019 January 31, 2019 Rezoning Vacation January 14, 2019 January 31, 2019 MP-2019-2 January 14, 2019 January 31, 2019 STAFF CONTACT: Zach Flanders zflanders@wycokck.org MOTIONS #MP-2019-2 I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #MP-2019-2, to the Unified Government Board of Commissioners as it is not in compliance with the City Ordinances and as it will not promote the health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. OR I move the Kansas City, City Planning Commission RECOMMEND APPROVAL of Petition #MP-2019-2 to the Unified Government Board of Commissioners as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________. Change of Zone #3163 I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #3161, to the Unified Government Board of Commissioners as it is not in compliance with the City Ordinances and as it will not promote the health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned.

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OR I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #3161 to the Unified Government Board of Commissioners as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________. #A-2018-7 I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #A-2018-7 to the Unified Government Board of Commissioners as meeting all the requirements of the City code and being in the interest of the public health, safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________. OR I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #A-2018-7, to the Unified Government Board of Commissioners as it is not in compliance with the City Ordinances and as it will not promote the health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned.

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