urban planning and land use -...

Change of Zone Petition #3174, KC Foodie Park Preliminary and Final Plat and #PR-2018-36 December 10, 2018

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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: [email protected] www.wycokck.org/planning To: City Planning Commission From: City Staff Date: December 10, 2018 Re: Change of Zone Petition #3174, KC Foodie Park Preliminary

and Final Plat and PR-2018-36 GENERAL INFORMATION Applicant: Curtis Petersen Status of Applicant: Representative Polsinelli PC 6201 College Boulevard, Suite 500 Overland Park, KS 66211 Requested Actions: Change of Zone from BP Planned Business Park, CP-1 Planned Limited Business District and CP-3 Planned Commercial Districts to CP-0 Planned Nonretail Business, CP-2 Planned General Business and MP-1 Planed Light Industrial and Industrial Park Districts Preliminary and Final Plat for KC Foodie Park Final Plan Review for a distribution/food service center Date of Application: October 26, 2018

mailto:[email protected]

http://www.wycokck.org/planning


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Purpose: To plat eight (8) commercial lots and rezone to build a 234,716 square foot

distribution/food service center and office and retail buildings Property Location: 4600 Orville Avenue, 4602 Orville Avenue and 4601 State

Avenue Commission Districts: 1. Commissioner At-Large: Melissa Bynum

2. District Commissioner: Jane W. Philbrook

Existing Zoning: BP Planned Business Park, CP-1 Planned Limited Business and CP-3 Planned Commercial Districts Surrounding Zoning: North: C-1 Limited Business, CP-1 Planned Limited

Business and C-3 Commercial Districts South: M-3 Heavy Industrial District

East: None (Interstate 635) West: C-1 Limited Business, CP-2 Planned General

Business, R-1 Single Family and MP-1 Planned Light Industrial and Industrial Park Districts

Existing Uses: North: Behavior health center and undeveloped land South: Undeveloped land East: Interstate 635

West: Undeveloped land, gas station, single family homes and road sign manufacturer

Total Tract Size: 49.2 acres Master Plan Designation: The City-Wide Master Plan designates these properties as Mixed Use. Major Street Plan: The Major Street Plan classifies State Avenue, 47th Street and Orville Avenue as Class A Thoroughfares. Advertisement: The Wyandotte Echo – Change of Zone - November 15, 2018

Letters to Property Owners – Change of Zone – November 14, 2018; Plat – November 14, 2018; Plan Review – November 14, 2018

Public Hearing: December 10, 2018 Public Opposition: None to date PROPOSAL


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Detailed Outline of Requested Action: The applicant, Curtis Petersen with Polsinelli has filed a change of zone, preliminary and final plat, and final plan review to subdivide the properties into eight (8) lots to build a distribution/food service center and out parcels that are future commercial pad sites for office and retail businesses located on 49.2 acres. City Ordinance Requirements: Article VIII Sections 27-340 – 27-765, Article VII Sections 27-245 – 27-339 and Article XXI Sections 27-502 – 27-709 FACTORS TO BE CONSIDERED

1. Neighborhood character

The character of the neighborhood is primary commercial in nature as State Avenue is the major commercial corridor in the city.

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

compatibility with them.

The zoning and their uses are set out above. The proposed uses are compatible with them.

3. The suitability of the property for the uses to which it has been restricted.

Will removal of the restrictions detrimentally affect nearby property? Removal of the restrictions should not detrimentally affect nearby property.

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

The property has been vacant since 2012.

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 is not reasonably necessary for the convenience and welfare of the public. If designed to comply with the guidelines, the proposed uses will not substantially 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.

With coordination with the Public Works Department, traffic and parking demand will be reviewed to determine if the proposed uses will adversely affect road capacity, safety or create parking problems.


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

The proposed use does not entirely comply with the Master Plan as drive-through restaurants, industrial uses and business parks are discouraged uses.

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

enhance the environment.

The proposed use should not cause environmental harm.

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

a. Water service

Available

b. Sanitary sewer service

Available

c. Storm water control

To be designed to meet City Code

d. Police

Police service is provided by Midtown Patrol, District #442

e. Fire

Fire service is provided by Fire Station #11

f. Transit

Kansas City ATA provides service along State Avenue, Route #101.

g. Schools Kansas City, Kansas USD 500

h. Streets

See item #6 above

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

The proposed use will have an economic impact on the community.


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

With revisions, the proposed uses are capable of meeting applicable ordinance requirements.

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

The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the landowners is minimal.

13. 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.

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

14. 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.

With coordination with the Public Works Department, streets will be 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.

15. 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.

Lots and building will be arranged as to afford adequate light, open space or air, to facilitate fire protection and to provide for long-term sustained real estate values.

16. Development patterns are designed with due regard to topography, so that

the natural features of the land and vegetation shall be protected and enhanced.

Development will be designed with due regard to topography, so that any remaining natural features of the land are protected and enhanced.

17. 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.

This is not applicable.


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PREVIOUS ACTIONS None

NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on November 28, 2018. According to the applicant, 75 individuals were in attendance and expressed concern existing vacant pad sites on the former Indian Springs Mall site in addition to other businesses who may relocate to this site and leave their previous site vacant elsewhere in the city. KEY ISSUES Compliance with the Master Plan Mixed Use Designation Compliance with the Commercial Design Guidelines

STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: General Planning:

1. Submit a design criteria manual for the overall center.

Applicant Response: The applicant would appreciate further discussion with City staff prior to addressing this comment.

2. Submit retaining wall elevations and calculations as required for a final plan review.

Applicant Response: Retaining wall elevations and calculations will be submitted by 12/5/18, per conversation with City staff.

3. Per the Mixed-Use Design Guidelines: a. Streets within these areas will be designed to be low-speed and bicycle

and pedestrian friendly through provision of wide sidewalks and pedestrian amenities such as street trees, landscaping, benches, trash receptacles, etc.

b. Auto-oriented uses such as drive-through restaurants and banks will be discouraged.

c. Where buildings are set back from the right-of-way, the open areas should be enhanced and used as public spaces such as a plaza or courtyard.

Applicant Response: The applicant agrees that the non-industrial buildings should meet the Mixed-Use and/or Commercial Design Guidelines.

4. Any proposed wind turbines must comply with the wind turbine ordinance.


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Applicant Response: Acknowledged.

5. Per Sec. 27-314. Within the boundaries of a subdivision, sidewalks shall be installed by the subdivider on one side of all new local residential streets, and all streets that are segments of the major street system shall have sidewalks on both sides except in industrial areas and except in subdivisions zoned R Rural Residential. Sidewalks shall be not less than four feet wide and be of Portland cement concrete and shall comply with the specifications of the Unified Government. Sidewalks shall be located in the platted street right-of-way abutting the property line. Walks shall be installed in any pedestrian easements as may be required by the Planning Commission. The Unified Government Board of Commissioners may approve exceptions to these requirements after having made a determination that provision of a sidewalk on one or both sides is unnecessary, not feasible, or that a superior alternative is to be provided. North 47th Street and Orville Avenue are classified as Class A Thoroughfares, so sidewalks shall be installed on both sides of the street. Applicant Response: The applicant agrees to construct a sidewalk along the east side of North 47th Street and the north side of Orville Avenue.

6. Over the road trucks shall not be parked on the property overnight.

Applicant Response: Over the road trucks are an essential component of the Scavuzzo operations and will be parked on the property overnight.

7. Minimum 8-foot sidewalk/trail is required to be installed around the perimeter of the property. Please revise and resubmit.

Applicant Response: A 5-foot sidewalk will be constructed along the east side of North 47th Street and the north side of Orville Avenue. The applicant will also be re-striping 47th Street/Orville Avenue to include bike lanes.

8. Minimum 4-foot pedestrian path with landscape buffer and pedestrian lighting from parking areas to buildings. Please revise and resubmit.

Applicant Response: The applicant would appreciate further discussion with City staff prior to addressing this comment.

Building Architecture:

1. While this is being rezoned to M-1, it is part of an office and commercial development and should be designed as such. The buildings’ appearance does not seem to meet the standards set in the Commercial Design Guidelines. Staff requests that the applicant submits an illustrated percentage breakdown of each material used on each elevation.


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Applicant Response: See Sheets A2.4 and A2.5 for building elevations with breakdown of materials.

2. Please provide building elevations for all the buildings within the development.

Only the food storage/distribution center was included in the initial submittal. A change of zone petition, which incorporates the preliminary plan review requires building elevations for all proposed buildings.

Applicant Response: Per discussion with City staff, building elevations for only the industrial food service building are being provided at this time.

3. Per the Mixed-Use Design Guidelines: a. A minimum of 75% of buildings should have a zero-foot setback. b. Primary building façades should be parallel to the sidewalk. c. High quality masonry building materials approved for this district are

stone, brick, cast stone and stucco. Synthetic stone, such as pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete is permitted, provided that it is identical in appearance and of equal or greater durability to natural stone. These masonry materials shall be required on 65% of the sum total of all building façades, except single-family houses, which shall have 25% of the sum total of all façades.

d. Stucco in a mixed-use development shall mean traditional stucco or gypsum concrete/plaster materials with a smooth sand finish. Cement board siding may be used to fulfill the masonry requirement, but the percentage of masonry becomes 100% excluding trim. Exterior Insulation and Finish Systems (EIFS) or pre-manufactured panels are not permitted.

The building elevations proposed distribution/food storage center do not meet the City-Wide Master Plan Mixed-Use Design Guidelines or the Commercial Design Guidelines. The material palette does not include any masonry materials. Please revise and resubmit elevations that comply with these two sets of guidelines. Applicant Response: Please see enclosed building design narrative. Staff Response: The main entrance and office area on the south elevation depicts gray concrete panels. They are not integrally-colored and there is no masonry on that portion of the building. Considering the exterior building materials of distribution area are insulated panels, the area where concrete panels are proposed must incorporate stone, brick or cast stone that complies with the Mixed-Use Design and the Commercial Design Guidelines.

4. Please provide four-sided color renderings of the food distribution center for the final plan review. Applicant Response: See attached four-sided color renderings, along with the building design narrative.

5. All roof mounted units must be screened by the parapet of the building.


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Applicant Response: Combination of parapet and unit-specification screening will be utilized for the food service building.

6. All utility connections must be screened with landscaping or an architecturally designed screen wall. All utilities mounted on the wall must be painted to match the building.


7. Since the buildings have high visibility from every angle, scupper and downspouts can become an eyesore. All scuppers shall be designed so they are reasonably screened, and all downspouts shall be internalized. Overflow drains shall be at grade and hidden by vegetation.

Applicant Response: See enclosed building design narrative.

8. All concrete shall be integrally colored – no paint.

Applicant Response: See enclosed building design narrative. 9. The material palette is very bland and should be updated to provide a high-

quality and interesting appearance.

Applicant Response: See enclosed building design narrative.

10. While it has site design impacts, the truck loading docks should not face I-635. Applicant Response: The applicant would appreciate further discussion with City staff prior to addressing this comment.

Landscaping and Screening:

1. Based on the landscaping requirements in the CP-0 Planned Nonretail Business, CP-1 Planned Limited Business, CP-2 Planned General Business Districts (one tree per 7,000 square feet of site area) and the Commercial Design Guidelines (at least 75 percent greater than the district requirement), the number of trees are required for the following lots:

a. Lot 2 – 106 trees b. Lot 3 – 26 trees c. Lot 4 – 22 trees d. Lot 5 – 32 trees e. Lot 6 – 16 trees f. Lot 7 – 17 trees g. Lot 8 – 23 trees

In summary, 242 trees are required to be planted for the commercial zoned lots based upon staff’s calculations. Please revise the landscape plan accordingly. This total does not include trees required for street trees planted along a major street or within parking lot islands.


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Lot 1 requires 117 trees, which does not include the requirement for street trees and parking lot islands. Applicant Response: Acknowledged.

2. Per the Mixed-Use Design Guidelines: a. On site-parking will be located behind the buildings. b. Landscape is required to screen all parking areas and service entries. c. Trees are required in the public right-of-way along street, at a minimum of

one (1) shade tree every forty (40) feet.

Applicant Response: The applicant agrees that the non-industrial buildings should follow the Mixed-Use and/or Commercial Design Guidelines.

3. All landscaping must be irrigated.

Applicant Response: Some landscaping will be zero-scape to account for LEED accreditation and cannot be irrigated. All non-irrigated plantings will be of native type and irrigation will be used until the plantings are established. See enclosed Landscape Established Management Plan.

4. 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.


5. All disturbed areas within the development shall be brought to finished grade and seeded or sodded. There shall not be any exposed, bare ground unless the lot has an active building permit for building construction.


6. Staff is requesting clarification on the height and type of lights used in the parking

lot.

Applicant Response: See attached cut-sheet for site lighting. Light poles are currently designed to be 30’ in height.

7. All lighting, whether mounted on the exterior of parking deck or within the structure shall have 90-degree cutoff fixtures. Light cannot exceed one footcandle as measured from said property line. Please provide a lighting plan.

Applicant Response: See enclosed lighting plan.

8. Only decorative lighting can be used on the exterior of the building(s). No pack lights or flood lights are allowed.


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9. The dumpster will need to be screened with an architectural wall that matches the building and heavily landscaped.


10. Sec. 27-468(c)(2) All storage of materials, products or equipment shall be within

a fully enclosed building or in an open yard so screened that the contents are not visible at eye level within 100 feet of the property line. Outside storage areas for other than operable vehicles shall be limited to an area no greater than ten percent of the enclosed floor area of the use and shall not include storage, junk or salvage. Semitrailers not coupled with tractors shall be included in this area limitation.

Applicant Response: The applicant would appreciate further discussion with City staff prior to addressing this comment. Staff Response: This is a district requirement of MP-1 Planned Light Industrial and Industrial Park District.

11. The BPU transformer pad and generator depicted on sheet Z01 shall be

completely screened on three sides with 6-foot junipers setback 3 feet from the pad. Additionally, the transformer doors shall face east, interior to the site towards the building façade.

Signage:

1. Shall comply with the sign ordinance.

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

recommend approval: 1) Engineering comments are listed as stipulations below.

B) Items that are conditions of approval (stipulations): 1) As discussed with UG staff, retaining wall designs, construction plans and

calculations are required and shall be reviewed and approved prior to proceeding to Planning Commission for final approvals. The retaining walls shall be designed not to have any tiebacks with the existing right of way of North 47th Street.

2) Extend the median on the southwest drive to provide adequate Right-In, Right-Out, Left-In entrance, and with left turns out of the driveway restricted. In this regard, provide the dimensions and construction details as applicable.

3) Coordination shall be required with UG Public Works on the design plans for restriping North 47th street. and Orville Avenue. Public Works anticipates improving North 47th Street and Orville Avenue in the near future. Therefore,


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restriping plans shall be prepared and forwarded to UG Public Works for review and approval. Further discussion may be required with the County Engineer – Troy Shaw (913-573-5416) on the timing of the restriping plans.

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

5) The County Surveyor makes separate technical review of the plat documents and submits comments directly to the preparer of the plat. Provide revised plat documents in accordance with County Surveyor comments.

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 applicant has responded to Planning and Planning Engineering staffs’ comments; however, staff would like to continue to work with the applicant on the remaining issues:

(1) Retaining wall calculations need to be approved. (2) A 4-foot sidewalk and landscape buffer with pedestrian lighting must be

depicted on the site plan. (3) Building elevations for the parcels along State Avenue need to be

submitted as part of the preliminary plan review submittal requirements. (4) Incorporate masonry materials (i.e. stone, brick and/or cast stone) on the

entry, office and mezzanine area of the south façade.

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 recommend APRPOVAL of Petition #3174, KC Foodie Park Preliminary and Final Plat, #PR-2018-36 subject to all comments and suggestions outlined in this staff report.

ATTACHMENTS Applicant Response Letter Building Design Narrative Neighborhood Meeting Minutes GeoSpatial Services Department Comment Letter Master Plan Mixed-Use Land Use Designation Master Plan Mixed-Use Design Guidelines Preliminary Plat Final Plat Site Plan Utility Plan Landscape Plan


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Photometric Plan Floor Plan Building Elevations

REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Board of Commissioners Public Hearing December 10, 2018 January 11, 2019 Rezoning Public Hearing December 10, 2018 TBD Preliminary/ Final Plat Public Hearing December 10, 2018 Not required Plan Review STAFF CONTACT: Byron Toy, AICP [email protected] MOTIONS Change of Zone Petition I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #3174 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 #3174 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. Plat I move the Kansas City, Kansas City Planning Commission APPROVE KC Foodie Park Preliminary/Final Plat, 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

mailto:[email protected]


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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 DENY KC Foodie Park Preliminary/Final Plat, 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. Plan Review Petition I move the Kansas City, Kansas City Planning Commission APPROVE Petition #PR-2018-36, 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 DENY Petition #PR-2018-36 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. Proposed rendering of Scavuzzo distribution/cold storage facility (provided by the applicant).

Figure 2. Proposed rendering of Scavuzzo distribution/cold storage facility (provided by the applicant).

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