Urban Planning and Land Use

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Dwayne Merritt
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Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email:

ERAL INFORMATION Applicant: Brian Hill, P.E. Status of Applicant: Representative MKEC Engineering 11827 West 112 th Street, Suite 200 Overland Park, KS

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: Board of Zoning Appeals City Staff Date: November 13, 2018 Re: Petition #2302 GENERAL INFORMATION Applicant: Brian Hill, P.E. Status of Applicant: Representative MKEC Engineering West 112 th Street, Suite 200 Overland Park, KS Requested Action: Approval of Variance Date of Application: September 28, 2018 Purpose: A variance is requested to plant fewer trees than is required by the Unified Development Code, Section (a) for R-1 zoned site areas not used as a residence. The current and proposed use for the site is for a public school. A new school building will replace two existing school buildings and a temporary classroom structure on the site. Property Location: 2600 North 44 th Street #2302 November 13,

2 Commission Districts: 1. Commissioner At Large: Melissa Bynum 2. District Commissioner: Gayle E. Townsend Existing Zoning: R-1 Single Family District Existing Surrounding Zoning: North: South: East: West: R-1 Single Family District R-1 Single Family District R-1 Single Family District R-1 Single Family District Existing Uses: North: South: East: West: Single family homes Single family homes Single family homes Single family homes Neighborhood Characteristics: The school is located within a primarily residential area. The location falls under the vicinity of the Neighbors Who Care neighborhood group. Total Tract Size: 19.4 acres Master Plan Designation: The City-Wide Master Plan designates the property as Public/Semi-Public Major Street Plan: The Major Street Plan classifies Georgia Avenue as a collector street and North 43 rd Street, North 44 th Street, North 44 th Terrace, and North 45 th Street as local streets. Advertisement: Property Owners Letters October 18, 2018 Wyandotte Echo October 17, 2018 Public Hearing: November 13, 2018 Public Opposition: None to date STATUTORY REQUIREMENTS/FACTORS TO BE CONSIDERED 1. The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and which is not created by an action or actions of the property owner or the applicant. School properties often contain significantly more area than typical commercial and residential developments to accommodate recreation area, buffer space, and future improvements. The landscaping requirement of 121 trees would create a site condition where portions of the property necessary for school operation and #2302 November 13,

3 recreation would not be possible. We have strategically located trees to offer benefits to the school s neighbors and provide a well landscaped site. Current plans show 59 new trees with an additional 20 existing trees to remain, for a total of 79 trees. Schools often fall within residential districts but are unique within the zoning designation. The ordinance as applied in this case takes into account the entire property. With over 10 acres of the site not being developed, the district is burdened with an excessive number of trees. The plan calls for a disturbed area of approximately 9.0 acres, the planned improvements will affect approximately half of the 19.4-acre site. Applying the 1 tree per 7,000 square feet criteria to the construction area (392,000 / 7,000 = 56), the 59 new trees and 20 existing trees would satisfy the landscaping requirement. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. The proposed site for the new elementary school is currently occupied by two existing school buildings, William Allen White Elementary and West Middle School. These schools have been at this location for more than 55 years. The proposed building and site infrastructure will enhance the appearance and function of the site eliminating the out-of-date buildings and removing a temporary classroom structure from the property, while adding 59 additional trees. The proposed landscaping is strategically placed to enhance points of entry to the site and building entrances, while maintaining the recreational use of the hard and soft play fields, and future development. 3. The strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application. Due to the overall acreage of the site, the majority of which will be grassed area for play or underutilized space, the landscaping requirement for one tree per 7,000 square feet of site area would put an undue burden and expense on the school district to provide the quantity of trees prescribed by municipal code. The entirety of the school property is not being impacted by the proposed construction of the elementary school. The District is providing trees in the best locations that account for the proposed development of the school. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. A reduction in the number of trees required by ordinance is necessary to provide a balance between recreational use for the students and community, and the desire for landscaping enhancements. In addition, sight lines and visibility are important elements to incorporate into school design in order to insure the safety of the students. Excessive landscaping would potentially create too much screening and affect the safety of the school site. #2302 November 13,

4 The proposed landscaping is strategically placed to enhance points of entry to the site and building entrances, and screening of elements such as trash enclosures and utilities. The additional trees required to meet zoning requirements would either affect the recreational areas, or, as shown on the attached layout, it will be placed adjacent to a drainage swale along the eastern and northern edges of the property, which could adversely affect storm drainage on the site and adjacent properties. In summary, it is our assessment that a reduction in the number of trees planted on the site will not have an adverse effect on public health, safety, morals, order, convenience, prosperity, or general welfare. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance. The goal of the proposed landscape plan is to balance the need for an aesthetically pleasing site with the recreational requirements for an elementary school, while maximizing the available budget to provide a first-class facility for learning and child development. PREVIOUS ACTIONS #PR , Preliminary Plan Review (Approved) NEIGHBORHOOD MEETING The applicant held a meeting on October 28, A copy of the meeting minutes are attached to this report. STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. If granted the site will still have high quality landscape and screening. 2. Provide a legend on the landscape plan. Applicant Response: Comment acknowledged. Legend will be provided on final plans. 3. The majority of the trees in the proposed landscape plan are concentrated near the entrance into the school, along North 43 rd Terrace. There are two small cluster of trees that on the west property line, effectively screening two residence s rear yards. #2302 November 13,

5 The code compliant landscape plan provides a substantial buffer between the residences to the north and east on the school grounds. Even though the singlefamily homes are closer to North 43 rd Street and Georgia Avenue, respectively, their rear yards are screened by natural vegetation rather than a privacy fence. Applicant Response: Comment acknowledged. 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 RECOMMENDATION Staff recommends that the Board of Zoning Appeals APPROVE Case #2302 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Zoning Map Aerial Map Landscape Plan (Code Compliant) Landscape Plan (Proposed) Landscape Plan with Legend Neighborhood Meeting Minutes Landscape Material Schedule REVIEW OF INFORMATION AND SCHEDULE Action Board of Zoning Appeals Public Hearing November 13, 2018 Appeal STAFF CONTACT: Hannah Kroll hkroll@wycokck.org MOTIONS I move the Board of Zoning Appeals APPROVE Case #2302 as meeting all the requirements of the City code and being in the interest of the public health, safety and #2302 November 13,

6 general 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: OR 1. ; 2. ; And 3.. I move the Board of Zoning Appeals DENY Case #2302, as it is not in compliance with the City Ordinances as it will not promote the public health, safety and general welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #2302 November 13,

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Urban Planning and Land Use

Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning To: From: City Planning