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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: planninginfo@wycokck.org www.wycokck.org/planning To: From: City Planning Commission City Staff Date: Re: Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 GENERAL INFORMATION Applicant: Bryan Ruoff Status of Applicant: Representative 3F30 Architects 7501 Northwest Tiffany Springs Parkway Kansas City, MO 64153 Requested Actions: Change of Zone from C-1 Limited Business District to CP- 2 Planned General Business District Final Plat for one (1) commercial lot Plan Review for a convenience store and fueling station Date of Application(s): January 26, 2018 Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 1

Purpose: To build and operate a convenience store and eight (8) pump gas station Property Location: 3801 Leavenworth Road Commission Districts: Commissioner At-Large: Melissa Bynum District Commissioner: Gayle Townsend Existing Zoning: C-1 Limited Business and CP-2 Planned General Business Districts Surrounding Zoning: North: C-1 Limited Business District South: R-1(B) Single Family District East: CP-2 Planned General Business District West: C-1 Limited Business District Existing Uses: North: South: East: West: Restaurant Single family home Undeveloped land Convenience store Total Tract Size: 1.54 acres Master Plan Designation: The City-Wide Master Plan designates this property as Community Commercial. Major Street Plan: The Major Street Plan classifies Leavenworth Road as a Parkway and 38 th Street as a Collector street. Advertisement: The Wyandotte Echo Change of Zone - February 15, 2018 and July 19, 2018 Letters to Property Owners Change of Zone February 14, 2018, March 2, 2018, March 29, 2018, May 7, 2018, July 2, 2018, August 6, 2018, August 28, 2018, October 3, 2018, November 6, 2018 and December 3, 2018; Plat February 14, 2018, March 2, 2018, March 29, 2018, May 7, 2018, July 2, 2018, August 6, 2018, August 28, 2018, October 3, 2018, November 6, 2018 and December 3, 2018 Public Hearing: Public Opposition: Opposition has been expressed to staff by John Cameron, property owner of parcels east of 38 th Street, across the street. Mr. Cameron opposes development of the gas station and convenience store because the applicant has shifted the overall development further south towards 3034 North 38 th Street. PROPOSAL Detailed Outline of Requested Action: The applicant, Bryan Ruoff with 3F30 Architects on behalf of the owner has filed a change of zone from C-1 Limited Business District to CP-2 Planned General Business District, a plat to create one (1) commercial lot and a Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 2

final plan review to build a 4,000 square foot convenience store, eight (8) pump gas station and two retail tenant spaces totaling 2,346 square foot at 3801 Leavenworth Road on 1.54 acres. City Ordinance Requirements: Article VIII Sections 27-340 27-765 and Article VII Sections 27-245 27-339 FACTORS TO BE CONSIDERED 1. Neighborhood character The character of the neighborhood is comprised of a mixture of commercial and residential zoning. There is a restaurant across the street, north of Leavenworth Road, two single family homes to the south and a convenience store / food mart to the west. 2. The zoning and uses of properties nearby and the proposed use s expected compatibility with them. The zoning and the uses of properties nearby are set out above and the proposed use is relatively compatible with them. This is an undeveloped site that will potential be an anchor on the corner. 3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property? The removal of the restrictions could affect nearby property as the current zoning district, C-1 Limited Business District does not permit 24-hour operations. Within C-1, all store operations must cease at 1:00 AM. 4. The length of time the property has remained vacant as zoned. The property has been vacant since 2008. 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 necessary for those who live in the area west of 38 th and Leavenworth Road. The proposed use will not permanently injure the appropriate use, visual quality, or marketability of nearby property if properly landscaped and screened and the property owner maintains the property as their other convenience stores located at 1800 Steele Road and 3317 Brown Avenue. 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. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 3

The proposed use will increase traffic to the site, but not in ways that would adversely affect road capacity, safety, or create parking problems. 7. The degree of conformance of the proposed use to the Master Plan. The proposed use conforms to the Master Plan. 8. The extent to which the proposed use could cause environmental harm or enhance the environment. The proposed use will 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 #443 e. Fire Fire service is provided by Fire Station #18 f. Transit Kansas City ATA provides service along Leavenworth Road, Route #113. g. Schools Kansas City, Kansas USD 500 h. Streets See item #6 above Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 4

10. The economic impact of the proposed use on the community. The proposed use will have a minimal economic impact on the community. 11. The capability of the proposed use to meet applicable ordinance requirements. To meet applicable ordinance requirements revisions are required. 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. If this application is denied, the applicant may open a gas station and convenience store with eight (8) pumps, but the business must close by 1:00 AM because the building sits in the C-1 Limited Business District and the canopy and pumps sit in the CP-2 Planned General Business District. 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 is 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. 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. 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. Buildings and lot 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. 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. This is not applicable. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 5

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. PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held two neighborhood meetings, February 26, 2018 and October 29, 2018, respectively. Leavenworth Road Association (LRA) was supportive of the project. Mr. Cameron expressed concern about moving the building and canopy further south on the site and value of properties area comps and residential comps. KEY ISSUES Landscaping and Screening STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: General Planning: 1. Subject to approval, a $50.00 ordinance publication fee must be submitted to the Urban Planning and Land Use Department following the Unified Government Board of Commissioners meeting. Applicant Response: Acknowledged. 2. Based on the floor plan, the contents in the retail store indicate a proposed liquor store. A special use permit is required and must be approved prior to opening that specific component of the store. Applicant Response: The use of the speculative spaces(s) is not determined at this time. Building Architecture: 1. Sec. 27-576(c)(2) In order to break up the monotonous appearance of long facades, a building wall no more than 45 feet in length should be divided into increments of no more than 45 feet through articulation of the facade. This can be achieved through combinations of at least three of the following techniques: a. Divisions or breaks in materials; b. Building offsets (projections, recesses, niches); c. Window bays; d. Separate entrances and entry treatment; or Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 6

e. Variation in rooflines. There appears to be no building articulation in the building; there is a significant lack of depth. Faux windows or inset window displays can be added on the façade to promote products for sale, without being considered signage on the side and rear façades, which will aid in breaking up the building. The building needs greater architectural detail. The façade needs to have projections, variation in materials and integral colors. Different building materials and architectural elements shall be included in revisions and subsequently incorporated into the final development plans. Please look at the other gas stations in the city that meet our Commercial Design Guidelines such as the Sinclair in Prescott Plaza (18 th Street and Interstate 70), Phillips 66 at 103 rd Street and Leavenworth Road, and QuikTrip at 78 th Street and Interstate 70. While you do not need to match theses stores, elements and materials used in their construction need to be integrated into these plans. Applicant Response: See Elevations, Sheets A102.0 and A102.1, 3-D Renderings. Note this is similar to the Xpress Mart Store at 1800 Steele Road. However, with the larger scale and newer project an added masonry color has been added and the roof line has been enhanced. There is also space on this project to add some reasonable wall insets to the front and back elevations. 2. Sec. 27-576(e)(2) Exterior building materials shall not include the following: f. EIFS at the ground level or comprising more than 15 percent of any façade. Applicant Response: Acknowledged. The elevations reflect traditional stucco with the exception of the option for an EIFS at the Cornice Detail. 3. Masonry columns shall wrap the entire column underneath the gas canopy. Applicant Response: Acknowledged. The plans show the columns wrapped in masonry. 4. Downspouts shall be internalized. Applicant Response: Acknowledged. None are shown in the elevations or at the canopy. Landscaping and Screening: 1. Sec. 27-577(a)(5) - Landscaping shall exceed the typical code requirements by at least 75 percent. a. The district requirement is one tree per 7,000 square feet of site area. The property is.922 acre, so 10 trees are required per code. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 7

b. All deciduous trees shall be at least 2½ caliper when planted. All evergreens must be at least 6 in height when planted. All shrubs must be planted at a minimum of 5 gallons. c. Landscaping shall be irrigated. Applicant Response: Acknowledged. Current Landscape Plan is believed to meet the ordinance. The design team will continue to work with staff if there are minor changed required. 2. Sec. 27-577(b)(2) Landscape berms and/or continuous rows of shrubs are required to screen parking from adjacent developments or public streets. Shrubs used in this area must not exceed a maximum height of 30 inches at maturity. Please add note on landscape plan and revise as necessary. Applicant Response: Acknowledged. 3. Sec. 27-577(b)(3) In general, formal, stand-alone trees are encouraged to be planted in landscape zones along major streets and medians. These trees should be planted as follows: a. One tree with a minimum caliper of two inches (ornamental) evergreen trees must be planted at least six feet tall (when planted) provided for every 30 feet of street easement or frontage. b. Street trees should be planted no closer than 55 feet and no more than 65 feet apart. Groupings of ornamental trees and shrubs should be placed in between the street trees. Applicant Response: Acknowledged. See Landscape Plan. 4. Sec. 27-577(d)(1) At least 75 percent of the length of building foundations facing public streets, the exterior of the development or common spaces must be planted with ornamental plant material such as ornamental trees, flowering shrubs, perennials, and groundcovers. Applicant Response: Acknowledged. 5. Utility connections (including transformer boxes) shall be screened with landscaping or an architecturally designed screen wall. All utilities mounted on the wall shall be painted to match the building. All rooftop mechanical equipment shall be screened from public view on all sides by a parapet. Applicant Response: Acknowledged. Parapet is 6 high. Landscaping will be integrated at electrical service entrance. 6. The BPU transformer pad shall be completely screened on all sides with 6-foot junipers setback 10 feet from the door opening and 3 feet from the remaining three sides of the pad. Additionally, the transformer doors shall face away from the public street. Applicant Response: Acknowledged. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 8

7. Sec. 27-575(g)(3) All trash receptacles shall be enclosed with a screening wall or fence constructed of the same materials as the primary structure. The screen must be a minimum of six feet in height on all sides and designed with the gate facing away from streets or adjacent land uses. All screening materials must be well maintained at all times. Applicant Response: See site plan and renderings. 8. All lighting shall have 90-degree cutoff fixtures. Any lighting that is physically mounted to the building shall be decorative and have 90-degree cutoffs, as not to cast light on adjacent properties and public right-of-way. Light shall not exceed one footcandle as measured from said property line. Wall pack lighting is not permitted. Signage: The photometric plan does not comply with our code, as the proposed lighting exceeds to one (1) footcandle maximum at the property line along the north, south and east property lines. Please revise accordingly. Applicant Response: Acknowledged. A photometrics plan has been provided. Staff Response: The applicant provided a photometric (lighting) plan, however along portions of the south property line the lighting exceeds one (1) footcandle. During the building permit review process, the photometric plan shall be revised, which may require changing the location of lights on the canopy and/or building to ensure that the exterior light does not exceed one (1) footcandle at the property line. 1. Shall comply with the sign code. 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) In future, if the adjacent property to the south on North 38 th Street is developed to a commercial property, it may be necessary to have a shared access drive between the XPress Mart convenience store and the new development. There is no room for additional driveway entrances south of the existing driveway entrance on the residential property and the undeveloped lot south of the existing residential property. Further discussion with staff may be required. 2) The drainage easement for the proposed public storm sewer within the site shall be in accordance with UG standards and criteria. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 9

3) The drainage easements documents shall be approved by UG staff, then recorded with the Wyandotte County Register of Deeds. A copy of the recorded easements with book and page number shall be submitted to staff prior to final engineering approval and construction permit acquisition 4) This project includes public sanitary sewer improvements for the proposed force main. The public sanitary sewer improvement plans shall meet the UG standards and criteria and shall be a separate plan set with a separate cover sheet with applicable information, i.e., vicinity map, sheet index, benchmark, utility contacts, floodplain note, etc. The public sanitary sewer improvement plans shall include erosion control. This set of plans is required and shall be reviewed and approved by UG staff prior to construction permit acquisition. 5) Please coordinate with Dave Clark - (913-573-5721), UG Public Works regarding crossing of Leavenworth Road for the proposed public sewer extension. 6) The proposed grinder pump for the project shall be privately owned and maintained as it is being used for a commercial property. The UG warranty program in place for grinder pumps connected to low pressure sewer systems is strictly for residential businesses. 7) 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 Conclusion: The applicant has revised the landscape plan to screen the site from the residence bordering the south property line adjacent to North 38 th Street. The operator has two other gas station/convenience stores in the Kansas City, Kansas located at 1800 Steele Road and 3317 Brown Avenue. Both are clean, well-maintained and screened from residences that border the development. The Traffic Impact Study (TIS) approved by the Kansas Department of Transportation (KDOT) finds that no additional improvements to 38 th Street or Leavenworth Road are required to accommodate the proposed development. In addition to the aforementioned comments, subject to approval, staff stipulates the following: 1) Trash pick-up shall be restricted between the hours of 7:00 AM to 7:00 PM. 2) Prior to the issuance of a Temporary Certificate of Occupancy (TCO), a certified light engineer shall provide a report to the Urban Planning and Land Use Department verifying that the site lighting does not exceed one (1) footcandle in the air at the property line around the perimeter of the property, more specifically along the south property line, abutting the single-family home. a. All building and canopy lighting shall have 90-degree cutoff fixtures and possibly a shield underneath the canopy to not cast light horizontally away from the fixture. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 10

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 APPROVAL of Petition #3159, 38Leavenworth Plat, #PR-2018-8 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Applicant Response Letter Neighborhood Meeting Minutes Traffic Study Summary Final Plat Site Plan Grading Plan Utility Plan Landscape Plan Floor Plan Photometric (Lighting) Plan Building Elevations Canopy Elevations Color Renderings Letter of Support by the Leavenworth Road Association (LRA) Letter of Opposition by John Cameron REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Board of Commissioners Public Hearing January 31, 2019 Rezoning Public Hearing Preliminary Plat Public Hearing Plan Review TBD Not required STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org MOTIONS Change of Zone Petition I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #3159 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 Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 11

City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: OR 1. ; 2. ; And 3.. I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #3159 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 38Leavenworth 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 Report; and the following additional requirements of the Kansas City, Kansas City Planning Commission: OR 1. ; 2. ; And 3.. I move the Kansas City, Kansas City Planning Commission DENY 38Leavenworth 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- 2018-8, 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: Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 12

1. ; 2. ; And 3.. OR I move the Kansas City, Kansas City Planning Commission DENY Petition #PR-2018-8 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. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 13

Figure 1. Landscaping along south property line, abutting 3034 North 38th Street residence. Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 27

Figure 2. Rendering of development looking from the northeast corner of 38th Street and Leavenworth Road (provided by the applicant). Figure 3. Rendering of development looking from the northeast corner of 38th and Leavenworth (provided by the applicant). Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 34

Figure 4. Rendering of development looking from North 38th Street (provided by the applicant). Figure 5. Rendering of development looking from the southeast corner of North 38 th Street (provided by the applicant). Figure 6. Rendering of building looking from the west (provided by the applicant). Change of Zone Petition #3159, 38Leavenworth Final Plat and #PR-2018-8 35