Planning and Urban Design - Unified Government of ...

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Planning and Urban Design - Unified Government of ...
Planning and Urban Design

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:                Planning and Urban Design Staff

Date:                August 9, 2021

Re:                  Petition PR2021-020

GENERAL INFORMATION

Applicant:
Mike Sanders

Status of Applicant:
Representative
Lance Scott with CFS Engineers
1421 East 104th Street
Kansas City, MO 64131

Requested Action:
Approval of a Preliminary and Final
                                                                           N
Development Plan.

Date of Application:
May 28, 2021

Purpose:
To build a 30,000 square foot office and
warehouse with an initial laydown area.

Property Location:
4605 Shearer Road
Kansas City, KS 66109                                                          N

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Commission District:       Commissioner At Large: Tom Burroughs
                           District #6 Commissioner: Angela Markley

Existing Zoning:           MP-2 Planned General Industrial District

Adjacent Zoning:           North:       MP-2 Planned General Business District
                           South:       R-1 Single Family District
                           East:        M-2 General Industrial District
                           West:        R-1 Single Family District

Adjacent Uses:             North:       Undeveloped land (approved for
                                        contractor storage yard)
                           South:       Single family homes
                           East:        Office and warehousing
                           West:        Single family homes

Total Tract Size:          4.79 Acres

Master Plan Area:          City-Wide Master Plan

Master Plan Designation:   The Prairie Delaware Piper Master Plan designates
                           this property as Business Park, which allows
                           warehouse (non-hazardous materials), distribution
                           (non-hazardous materials), Business/research parks,
                           related commercial and service uses such as
                           wholesale stores, outlet stores, office supply stores,
                           service stations, convenience stores, hotels, motels,
                           supporting restaurants, etc., and medical facilities.

Major Street Plan:         The Major Street Plan classifies Shearer Road as a
                           Local Street.

Parking Requirement:       Sec. 27-469(e) states in no case, however, shall less
                           than one (1) spaces for each 500 square feet of
                           building floor area be provided. For buildings larger
                           than 20,000 square feet, only one (1) space for each
                           1,000 square feet needs to be provided for
                           increments between 20,000 and 50,000 square feet.

Advertisement:             Property Owner Letters – June 18, 2021 and July 6,
                           2021
                           Wyandotte Echo – Not Required

Public Hearing:            August 9, 2021

Public Support:            None to date.

Public Opposition:         None to date.

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PROPOSAL

Detailed Outline of Requested Action: The applicant, Mike Sanders with Nampara
Properties, LLC filed a Preliminary Development Plan to build a 30,000 square foot
office and industrial warehouse with the initial use of the property being a laydown area
for materials and supplies on 4.79 acres at 4605 Shearer Road.

City Ordinance Requirements: Article VIII Sections 27-340 – 27-765

Zoning Enforcement Action: None to date.

FACTORS TO BE CONSIDERED

   1. Neighborhood character.

      The property is situated within an industrial business park, known as Melrose
      Business Park Phase 2. There are a few remaining vacant lots that are
      industrially zoned. This property borders single family homes to the south and
      west.

   2. 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 along Shearer Road, however not to the
      point that will adversely affect road capacity, safety or create parking problems
      because this area is designated as a business park.

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

      The proposed use conforms to the Master Plan as this is an industrial use.

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

          a. Water service

             Water service is provided by BPU.

          b. Sanitary sewer service

             Sanitary sewer service is provided by the UG.

          c. Storm water control

             Designed to meet City Code.

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d. Police

             Police service is provided by the South Patrol, District #223.

          e. Fire

             Fire service is provided by Station #17, located at South 51st Street and
             Matney Avenue.

          f. Transit

             Kansas City ATA does not provide transit service near this property. The
             closest transit stop is at 42nd and Metropolitan Avenue, approximately
             northeast 1.07 miles, Route #104.

          g. Schools

             Public education is provided by Turner USD 202.

   5. The capability of the proposed use to meet applicable ordinance and other
      requirements.

       With revisions, the proposed use is capable of meeting applicable ordinance and
       other requirements.

PREVIOUS ACTIONS

None

NEIGHBORHOOD MEETING

The applicant held a neighborhood meeting by phone and email (allowing comment up
to June 30, 2021).

Attached is the list of persons who attended the meeting, minutes, affidavit and/or
submitted comments to the applicant.

KEY ISSUES

Screening from residences
Noise
Lighting

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STAFF COMMENTS AND SUGGESTIONS

Planning and Urban Design Comments:

   1. Submit building elevations for the 30,000 square foot building. Building elevations
      are a submittal requirement for the Preliminary Development Plan.

      Applicant Response: Building elevations are included in the submittal.

   2. The 30,000 square foot office and warehouse building will require its own Final
      Development Plan.

      Applicant Response: Noted.

   3. The exterior portion of the building where the office is located shall comply with
      the Commercial Design Guidelines.

      Applicant Response: Noted.

   4. What is the anticipated timeline for the laydown area to be used before the
      30,000 square foot building is constructed? Sec. 27-211(j) In the event that a
      plan or section thereof is given final approval and thereafter the landowner shall
      abandon said plan or a section thereof and shall so notify the Unified
      Government in writing, or in the event the landowner shall fail to commence, as
      evidenced by receipt of building permits and start of construction, the planned
      development within eighteen (18) months after final approval has been granted
      or in the case of subsequent phases each shall be initiated within twenty-four
      (24) months of issuance of a certificate of occupancy on the entire preceding
      phase or the plan will be considered abandoned, then in either event such a final
      approval shall terminate and shall be deemed null and void unless such time
      period is extended by the Planning Commission upon written application by the
      landowner. Wherever a final plan or section thereof has been abandoned as
      provided in this section, no development shall take place on the property until a
      new development plan has been approved.

      Applicant Response: Timeline for building construction has not been determined.
      UG timelines are noted.

   5. Sec. 27-469(c)(2) No equipment, material or vehicles, other than operable
      motor passenger cars, may be kept, parked, stored or displayed closer than 25
      feet to a street line unless such area is screened from the street by a solid
      fence or other obstruction, set back not less than six feet from the street line
      and not less than three feet in height.

      Applicant Response: Noted.

   6. Sec. 27-469(c)(3) All accessory materials and products that have been
      previously used, such as lumber, steel and other metals and concrete products

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shall be totally screened from view from off the premises. Yards for junk,
      inoperable vehicles, or salvage storage are not permitted in this district.

      Applicant Response: Noted.

   7. The existing slope and vegetation on the western and south property lines shall
      be preserved and enhanced as the residences will be in plain view of the
      laydown yard and future building site. This tree line effectively screens the
      laydown area and future building site from the single-family homes to the west.

      Applicant Response: Existing slope and vegetation (trees) along the south and
      west lines have been left in place above the proposed retaining walls. Ground
      cover will be enhanced with native grasses as shown on the landscape plan.

   8. Sec. 27-700(b)(3) A buffer area shall be provided along side and rear property
      lines common to or across an alley from residentially zoned property and shall
      consist of an area 15 feet in width improved with a six (6) foot architectural
      screen (wood or metal privacy fence with masonry columns every 32 feet on
      center) adjacent to the property line and one (1) row of shade trees not spaces
      more than 40 feet on center and one row of large shrubs spaced not more than
      eight feet on center. The landscaping on the south and west property line shall
      be enhanced to meet this code.

      Applicant Response: A six (6) foot masonry fence is shown on Sheet C4, FDP
      Site Plan. A masonry fence meets the definition of architectural screen per Sec.
      27-696.

      Staff Response: To ensure that the residences are protected from having to look
      down on the storage yard and industrial building (future), the privacy fence with
      masonry columns every 32 feet on center shall be installed between the retaining
      wall and the existing vegetation (abutting the property lines) on the south and
      west slopes.

   9. Significant landscaping shall be installed behind the residences on the western
      property line that currently have overgrown vegetation against the fence line.

      Applicant Response: See Landscape Plan.

   10. Provide a cross section of the sight lines from the residences to the west and
       south?

      Applicant Response: Sheet C6 has been added to the submittal.

   11. What is the noise level?
         a. Sec. 27-469(c)(1)d. No use shall be permitted or so operated as to
             produce or emit: Noise greater than 80 decibels at repeated intervals for a
             sustained length of time at any point on the property line or noise which
             causes the day-night level average to exceed 65 decibels for any
             residence for a sustained period.

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Applicant Response: Noise level will not exceed 80 decibels at repeated
      intervals for a sustained length of time at any point on the property line or noise
      which causes the day-night level average to exceed 65 decibels for any
      residence for a sustained period.

   12. What are the hours of operation?

      Applicant Response: To be determined.

   13. How will lighting be mitigated?
         a. Sec. 27-700(b)(9) Any lighting used to illuminate an off-street parking
            area, sign or other structure shall be arranged as to deflect light away
            from any adjoining residentially zoned property or from public streets.
            Direct or sky-reflected glare, from floodlights or commercial operations,
            shall not be directed into any adjoining property. The source of lights
            shall be hooded or controlled. Bare incandescent light bulbs shall not be
            permitted in view of adjacent property or public right-of-way. Any light or
            combination of lights that cast light on adjacent residentially zoned
            property shall not exceed one foot candle as measured from said
            property line.

      Applicant Response: Lighting shall meet the requirements of Sec. 27-700(b)(9).
      See Sheet E1, Lighting Plan.

      Staff Response: All lighting, whether mounted on the building or installed in the
      parking lot shall be hooded or controlled to direct light 90-degrees downward. No
      light may cast light or glare off the property or onto the public street. In addition to
      vertical glare, lighting may not cast horizontally on adjacent properties.

   14. The laydown area may be asphalt millings, however the drive aisles to get to
       the storage pads must be paved with concrete or asphalt. The entire parcel, not
       including ground cover and storm water detention cannot be wholly covered
       with asphalt millings.

      Applicant Response: The owner requests that the laydown area is wholly
      covered with asphalt millings, tenants do not want paved drive aisles. Paved
      drive aisles at laydown areas do not last very long and will rarely be used.
      Laydown areas need to be flexible.

      Staff Response: Sec. 27-675(a) All parking, loading and maneuvering areas
      except those serving single-family dwellings or agricultural uses shall be graded
      and surfaced with a permanent bituminous or concrete pavement. The minimum
      such surface shall be two (2) inches of asphalt over six (6) inches of compacted
      gravel. The Unified Government Engineer shall determine acceptable
      alternatives. All parking spaces shall be clearly marked. All improvements shall
      be designed and constructed as necessary to prevent dust, erosion, excessive
      water flow across streets or adjoining property, and to control traffic. A less but
      dust-free standard of improvement may be permitted by the Unified Government

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Engineer for industrial storage yards used exclusively for inoperable vehicles,
      parts, building materials, supplies and equipment of heavy construction
      equipment and not for parking, loading or maneuvering.

      The accepted and approved alternative by the Planning and Urban Design and
      Public Works Departments is asphalt millings for storage laydown pads for the
      placement of equipment and materials, but the drive aisles that lead to these
      pads shall be paved with either asphalt or concrete. This standard precedes the
      current Director of Planning and Urban Design and Public Works County
      Engineer dating back to the late 2000s.

Planning Engineering Comments:

A) Items that require plan revision or additional documentation before engineering can
   recommend approval:
   1) None
B) Items that are conditions of approval:
   1) Construction plans shall meet UG standards and criteria, and shall be reviewed
      and approved by UG prior to construction permit acquisition.
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 RECOMMENDATION

Staff recommends that the City Planning Commission make the findings contained
within the staff report related to Factors to be Considered, and Key Issues and
APPROVE Petition PR2021-020 subject to all comments and suggestions outlined in
this staff report, and summarized in the following conditions:

   1. The 30,000 square foot office and warehouse building will require its own
      Final Development Plan;
   2. The exterior portion of the building where the office is located shall comply
      with the Commercial Design Guidelines;
   3. Sec. 27-211(j) In the event that a plan or section thereof is given final
      approval and thereafter the landowner shall abandon said plan or a section
      thereof and shall so notify the Unified Government in writing, or in the
      event the landowner shall fail to commence, as evidenced by receipt of
      building permits and start of construction, the planned development within
      eighteen (18) months after final approval has been granted or in the case of
      subsequent phases each shall be initiated within twenty-four (24) months
      of issuance of a certificate of occupancy on the entire preceding phase or
      the plan will be considered abandoned, then in either event such a final
      approval shall terminate and shall be deemed null and void unless such
      time period is extended by the Planning Commission upon written
      application by the landowner. Wherever a final plan or section thereof has
      been abandoned as provided in this section, no development shall take
      place on the property until a new development plan has been approved;

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4. Sec. 27-469(c)(2) No equipment, material or vehicles, other than operable
      motor passenger cars, may be kept, parked, stored or displayed closer
      than twenty-five (25) feet to a street line unless such area is screened
      from the street by a solid fence or other obstruction, set back not less
      than six feet from the street line and not less than three feet in height;
   5. Sec. 27-469(c)(3) All accessory materials and products that have been
      previously used, such as lumber, steel and other metals and concrete
      products shall be totally screened from view from off the premises. Yards
      for junk, inoperable vehicles, or salvage storage are not permitted in this
      district;
   6. The existing slope and vegetation on the western and south property lines
      shall be preserved and enhanced as the residences will be in plain view of
      the laydown yard and future building site. This tree line effectively screens
      the laydown area and future building site from the single-family homes to
      the west. The applicant has stated that the existing slope and trees along
      the south and west lines have been left in place above the proposed
      retaining walls;
   7. Sec. 27-700(b)(3) A buffer area shall be provided along side and rear
      property lines common to or across an alley from residentially zoned
      property and shall consist of an area fifteen (15) feet in width improved with
      a six (6) foot architectural screen (wood or metal privacy fence with
      masonry columns every 32 feet running) adjacent to the property line and
      one (1) row of shade trees not spaces more than forty (40) feet on center
      and one row of large shrubs spaced not more than eight feet on center. The
      landscaping on the south and west property line shall be enhanced to meet
      this code.

       In order to ensure that the residences are protected from having to look
       down on the storage yard and industrial building (future), the privacy fence
       with masonry columns every thirty-two (32) feet running shall be installed
       between the retaining wall and the existing vegetation (abutting the
       property lines) on the south and west slopes;
   8. Significant landscaping shall be installed behind the residences on the
       western property line that currently have overgrown vegetation against the
       fence line;
   9. Street trees along Shearer Road shall be installed during construction of
       the laydown storage area;
   10. Sec. 27-469(c)(1)d. No use shall be permitted or so operated as to produce
       or emit: Noise greater than 80 decibels at repeated intervals for a sustained
       length of time at any point on the property line or noise which causes the
       day-night level average to exceed 65 decibels for any residence for a
       sustained period;
   11. All lighting, whether mounted on the building or installed in the parking lot
       shall be hooded or controlled to direct light 90-degrees downward. No light
       may cast light or glare off the property or onto the public street. In addition
       to vertical glare, lighting may not cast horizontally on adjacent properties;
       and,
   12. The laydown area may be asphalt millings, however the drive aisles to get
       to the storage pads must be paved with concrete or asphalt. The entire

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parcel, not including ground cover and storm water detention cannot be
       wholly covered with asphalt millings.

       Sec. 27-675(a) All parking, loading and maneuvering areas except those
       serving single-family dwellings or agricultural uses shall be graded and
       surfaced with a permanent bituminous or concrete pavement. The
       minimum such surface shall be two (2) inches of asphalt over six (6) inches
       of compacted gravel. The Unified Government Engineer shall determine
       acceptable alternatives. All parking spaces shall be clearly marked. All
       improvements shall be designed and constructed as necessary to prevent
       dust, erosion, excessive water flow across streets or adjoining property,
       and to control traffic. A less but dust-free standard of improvement may be
       permitted by the Unified Government Engineer for industrial storage yards
       used exclusively for inoperable vehicles, parts, building materials, supplies
       and equipment of heavy construction equipment and not for parking,
       loading or maneuvering.

       The accepted and approved alternative by the Planning and Urban Design
       and Public Works Departments is asphalt millings for storage laydown
       pads for the explicit placement of equipment and materials, whereas the
       drive aisles that lead to these pads shall be paved with either concrete or
       asphalt. This standard precedes the current Director of Planning and Urban
       Design and Public Works County Engineer dating back to the late 2000s.

ATTACHMENTS

Aerial Map
Zoning Map
Land Use Map
Applicant Response Letter
Neighborhood Meeting Minutes
Site Plan for Building Site
Site Plan for Laydown Yard
Grading Plan
Landscape Plan
Landscaping Cross Section
Site Lighting
Building Elevations
Site Photographs provided by Staff dated June 17, 2021.

REVIEW OF INFORMATION AND SCHEDULE
Action          Planning Commission         Unified Government Board of Commissioners
Public Hearing August 9, 2021               August 26, 2021
Preliminary and
Final Plan

STAFF CONTACT:               Byron Toy, AICP

PR2021-020                            August 9, 2021                                    10
MOTIONS

I move the Kansas City, Kansas City Planning Commission recommend APPROVAL of
Petition PR2021-020 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 PR2021-020, to the Unified Government Board of Commissioners, as it is not in
compliance with the City Ordinances and as it will not promote the public health, safety
and welfare of the City of Kansas City, Kansas; and other such reasons that have been
mentioned.

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Figure 1. Aerial Photograph for 4605 Shearer Road (provided by UG Maps).

PR2021-020                          August 9, 2021                         12
Figure 2. Zoning Map of 4605 Shearer Road (provided by UG Maps).

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Figure 3. City-Wide Master Plan Land Use Map (provided by ArcMap).

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Figure 1. Site Photograph of 4605 Shearer Road (provided by Staff).

Figure 2. Site Photograph of 4605 Shearer Road (provided by Staff).

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Figure 3. Photograph of 4605 Shearer Road (provided by Staff).

Figure 4. Site Photograph of 4605 Shearer Road (provided by Staff).

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