ࡱ> SUR` 'bjbj ,"$, ''(LLLLp p p dp p p p p p \ \ \ \ \ \   STAFF REPORT January 4, 2005 (30, 31)PRIVATE  RE: a. Case No. 219-S-14 b. Case No. 120-S-10 APPLICANT: Stan Counts Land Clearance for Redevelopment Authority 10 Petticoat Lane, Suite 250 Kansas City, Missouri 64106 AGENT: same LOCATION: a. the southeast corner of 39th Street and Wayne Avenue b. both sides of Wayne Avenue between 39th Street and 40th Street AREA: a. about .41 acres b. about 1.26 acres REQUEST: a. to amend the Oak Park South Area Plan by changing the recommended land use from low density residential and retail commercial to low density residential. b. to consider approval of the 9th Modification to the Oak Park Urban Renewal Plan for selected areas on the to allow for development of single-family residential units. SURROUNDING LAND USE: Predominantly single-family residential and vacant, zoned R-2b (two-family dwellings) MAJOR STREET PLAN: 39th Street is classified as a secondary arterial by the Citys Major Street Plan, with a minimum right of way width of 80 feet. LAND USE PLAN: The Oak Park South Area Plan recommends predominantly low density residential uses for this area, except for a retail commercial recommendation at the southeast corner of 39th Street and Wayne Avenue. ARTERIAL STREET IMPACT FEE: This site is located within an exempt area and will not be assessed. PREVIOUS CASES: The Oak Park Urban Renewal Plan was originally approved by Ordinance 36287, passed in 1969. The most recent amendment was approved by Case No. 120-S-9 (Ordinance 031331, passed January 8, 2004) A finding of blight has been established with the original plan approval, and need not be reestablished. PLAN REVIEW: These requests are related to the proposed development of eight single-family homes as part of Phase III of the Wayne Estates Project, which currently has 14 additional single-family homes under construction in the area. Two each of the eight new homes will located on the southwest and southeast corners of 39th Street and Wayne Avenue, and on the northwest and northeast corners of 40th Street and Wayne Avenue. The urban renewal plan already offers abatement for single-family uses, and a number of properties on which the new homes would be located are already under the control of the prospective developer. The modification to the currently approved urban renewal plan is only to place 11 additional properties into the acquisition category, making them subject to eminent domain. Four properties are on the south side of 39th Street west of Wayne Avenue. Parcels 1 and 2 contain renter-occupied single-family homes. Parcels 3 and 4, directly at the southwest corner of 39th Street and Wayne Avenue, are vacant lots. Parcels 5, 6 and 7 are vacant lots that wrap around a vacant property directly at the southeast corner of 39th Street and Wayne Avenue that is already controlled by the developer. The entire southeast corner is now recommended for retail commercial uses by the Oak Park South Area Plan, the amendment of which is the purpose of Case No. 219-S-14. The proposed recommendation of low density residential uses will be in conformance with the urban renewal plan. Parcels 8 through 11 lie at the northeast corner of 40th Street and Wayne Avenue. Lot 8, fronting on Wayne Avenue, contains an owner-occupied residence. Lots 9 though 11 are vacant lots directly at the corner. The northwest corner of 40th Street and Wayne Avenue is the site of two of the eight new houses, but is already controlled by the developer and is not part of this modification. The plan shows a fiscal analysis in which costs total $1,376,500, including $100,000 for acquisition and demolition and $860,000 for construction. Sources of funds include $300,000 from CDBG/HOME/CHDO grants, $56,500 in PIAC funds and $1,020,000 from the sale of the new homes, also totaling $1,376,500. The plan requires the installation of street trees and repair of curb, gutter and sidewalk as needed. The plan as submitted proposes rezoning to District R-2a. ANALYSIS: The plan should clarify that the parcels in the modification area are being placed in the acquisition category, subject to eminent domain. The plan states that no relocation of residents will be necessary. While staff understands that eminent domain is used as a last resort, it is recommended that the plan explain why no relocation is anticipated. The current zoning of the modification area is R-2b, which allows single-family homes on lots of at least 5,000 square feet and duplexes on lots of at least 6,000 square feet. The proposed zoning of R-2a requires lot area of at least 10,000 square feet for a duplex. The proposed homes will likely be located on lots of between 8,000 and 13,000 square feet. Rezoning is typically recommended in areas of multifamily zoning, to insure that single-family structures that receive abatement will not convert to duplex or multifamily structures. Given the lot sizes and probable building style, conversion from single-family is unlikely, however staff concurs with the plans recommendation for rezoning to R-2a to insure continued single-family uses, at least on lots smaller than 10,000 square feet. Staff has often recommended design guidelines requiring setback of garages and prohibiting chain link fencing. The central portion of the 3900 block of Wayne Avenue has been developed with new single-family homes that do not observe those guidelines, so staff does not feel those guidelines should apply to the bordering areas within this modification. 39th Street is classified as a secondary arterial by the Citys Major Street Plan, with a minimum right of way width of 80 feet. The current width at this location is 60 feet. Staff recommends dedication of ten feet of right of way, for a total of 40 feet south of centerline, for those parcels abutting 39th Street. That could be accomplished at the time of platting, or by separate document if lots are created by deed or by lot split. RECOMMENDATIONS: Staff recommends approval of Case No. 219-S-14 without conditions. Case No. 120-S-10 was reviewed by the Redevelopment Coordinating Committee on December 13, 2004. The Committee recommended approval of the plan subject to text revisions, itemized in the following condition: 1. That six copies of a revised plan be submitted to staff prior to the ordinance request, with the following revisions: Page 1 (Cover): fill in the dates of approval as applicable Page 3: Correct City Plan Commission membership Page 4: At the end of the paragraph beginning This Plan summary, add a sentence reading This modification consists of the addition of eleven parcels to the acquisition category, subject to eminent domain, as identified by the plan. Page 9: Under C Zoning, correct the existing zoning to reference R-2b. Add a Section D. Platting/Lot Split, with text reading The developer shall cause the area of the eight new homes to be platted, or receive approval of a lot split as required by the Department of Public Works. Right of way sufficient to provide 40 feet of right of way south of the centerline of 39th Street shall be dedicated by plat, or by separate document in the case of lot split. Under I - Proposed Financing Plan, correct home sales to (8) and correct the total Uses to $1,376,500. Page 10: Under A Land Acquisition/Eminent Domain, clarify the use of eminent domain is authorized for the area of the modification. Under VII. Relocation, explain further why no relocation of residents is anticipated. Page 11: Under IX. Duration of Controls, change Twenty (20) to Fifteen (15) Exhibit B Current Land Use: modify the legend and map to show actual land use instead of recommended land use. Add an Exhibit C-1 - Proposed Zoning, showing R-2a zoning for the properties to be used for development of the eight new units. Label the pro forma as Exhibit E per the table of contents Respectfully submitted, Larry H. 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