Urban Planning and Land Use

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1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: City Planning Commission City Staff Date: May 14, 2018 Re: Petition #PR GENERAL INFORMATION Applicant: Jose Escarsega Status of Applicant: Representative George Niewrzel with George Niewrzel, Architect, P.C Bell Street Kansas City, MO Requested Action: Approval of Preliminary and Final Plan Review Date of Application: March 29, 2018 Purpose: To convert a retail storefront to a church Property Location: 4835 State Avenue Commission Districts: #PR May 14,

2 Commissioner At-Large: Melissa Bynum District Commissioner: Jane Philbrook Existing Zoning: C-1 Limited Business District Surrounding Zoning: North: C-1 Limited Business District South: R-1 Single Family District East: CP-2 Planned General Business District West: C-1 Limited Business and CP-2 Planned General Business Districts Existing Uses: North: South: East: West: Restaurant Earthen fill site Grocery store Neighborhood Resource Center and retail businesses Total Tract Size: 9.36 acres Master Plan Designation: as Mixed Use. The City-Wide Master Plan designates this property Major Street Plan: Thoroughfare. The Major Street Plan classifies State Avenue as a Class A Advertisement: Property Owner Letters April 17, 2018 Wyandotte Echo Not Required Public Hearing: May 14, 2018 Public Opposition: None to date PROPOSAL Detailed Outline of Requested Action: The applicant, Jose Escarsega with Templo de Alabanza wants to convert a 4,671 square feet vacant retail storefront to a church, as a change of occupancy at 4835 State Avenue. City Ordinance Requirements: Article VIII Sections FACTORS TO BE CONSIDERED 1. Neighborhood character. State Avenue is a major commercial corridor in the city. There are a mixture of commercial businesses and vacant pad sites along State Avenue and the building is within a commercial strip center that includes the Neighborhood Resource Center, Family Dollar and GenX. #PR May 14,

3 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 parking demand during evenings and weekends, but most of the business conducted at the Neighborhood Resource Center occurs during the weekday, 8:00 AM to 5:00 PM, but not in ways that would adversely affect road capacity, safety, or create parking problems. 3. The degree of conformance of the proposed use to the Master Plan. The proposed use is permitted within any land use designation in the Master Plan. 4. 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 Designed to meet City Code d. Police Police service is provided by the Midtown Patrol, District #441 e. Fire Fire service is provided by Station #11 f. Transit Kansas City ATA provides transit service along State Avenue, Route #101. g. Schools Kansas City Kansas USD The capability of the proposed use to meet applicable ordinance and other requirements. #PR May 14,

4 The proposed use is capable of meeting applicable ordinance and other requirements. PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on April 26, According to the applicant, no one attended the meeting. KEY ISSUES Parking Agreement STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Because the Neighborhood Resource Center (NRC) closes at 5:00 PM, Monday through Friday, there is a significant amount of parking that is not being utilized. On occasion, there are meetings held at the NRC after 5:00 PM and on weekends. A parking agreement between the applicant, Jose Swarfega of Templo de Alabanza and the owner, Kwon-State Avenue LLC has been recorded with the Register of Deeds, however it must be approved by the City Planning Commission for the total number of parking spaces needed for its congregation that are not allocated specifically for 4835 State Avenue. If the Templo de Alabanza is still operating after February 28, 2020, the parking agreement shall be renewed prior its expiration with the Register of Deeds. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None 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: #PR May 14,

5 The applicant has submitted a recorded parking agreement with the property owner of the strip center development, KWON State Ave, LLC. This parking agreement allows parishioners to park in spaces not allocated specifically for 4835 State Avenue. There will not be a parking conflict between the church and the users of the Neighborhood Resource Center, GenX or Family Dollar. 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 recommends APPROVAL of Petition #PR subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Neighborhood Meeting Minutes Parking Analysis Parking Agreement Site Plan Floor Plan REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Board of Commissioners Public Hearing May 14, 2018 May 31, 2018 Preliminary and Final Plan STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #PR 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.. #PR May 14,

6 OR I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #PR , 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. #PR May 14,

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