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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 PR2021-020 August 9, 2021 1
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. PR2021-020 August 9, 2021 2
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. PR2021-020 August 9, 2021 3
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 PR2021-020 August 9, 2021 4
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 PR2021-020 August 9, 2021 5
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. PR2021-020 August 9, 2021 6
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 PR2021-020 August 9, 2021 7
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; PR2021-020 August 9, 2021 8
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 PR2021-020 August 9, 2021 9
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. PR2021-020 August 9, 2021 11
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). PR2021-020 August 9, 2021 13
Figure 3. City-Wide Master Plan Land Use Map (provided by ArcMap). PR2021-020 August 9, 2021 14
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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). PR2021-020 August 9, 2021 29
Figure 3. Photograph of 4605 Shearer Road (provided by Staff). Figure 4. Site Photograph of 4605 Shearer Road (provided by Staff). PR2021-020 August 9, 2021 30
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