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Last Published: 10/20/2017 8:24:16 AM
KANSAS CITY COUNCIL RECORD
 
Upon Roll Call the following members were present:
Present:5 - SCOTT TAYLOR, LEE BARNES JR., HEATHER HALL, QUINTON LUCAS, KATHERYN SHIELDS
 

170810
COMMUNICATION - Notice to the City Clerk from Port KC regarding the submission of the Annual Report for Port Improvement District No. 1 for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170811
COMMUNICATION - Notice to the City Clerk from Port KC regarding the submission of the Annual Report for Port Improvement District No. 2 for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170812
COMMUNICATION - Notice to the City Clerk from Port KC regarding the submission of the Annual Report for Port Improvement District No. 3 for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170813
COMMUNICATION - Notice to the City Clerk from Port KC regarding the submission of the Annual Report for Port Improvement District No. 4 for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170814
COMMUNICATION - Notice to the City Clerk from the Shoal Creek Valley Community Improvement District regarding the submission of their Annual Report for fiscal year ending April 30, 2017.


RECEIVED AND FILED

Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170831
(Sub.)
RESOLUTION - Amending the Midtown/Plaza Area Plan for an approximate 2.5 acre tract of land generally located at the southwest corner of 44th Street and Washington Street by changing the Recommended Land Use Map from residential low, residential medium and residential high all to residential urban land use. (727-S-5)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "IMMEDIATE ADOPTION"
Ashley Winchell, City Planning and Development, gave the staff report on the Ordinance. It was noted that this is a companion to Ordinance 170832. There are three application requests, the first, a) 727-S-5, is to amend the Midtown Plaza Area Plan by changing the Recommended Land Use Map from Residential Low, Residential Medium and Residential High all to Residential Urban land use for the subject site. The second request is b) to consider rezoning the site from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development) and the approval of a Development Plan for a four-story apartment project containing 188 units. The third request is c) to approve a final plat of the site. A similar project was proposed in 2016. That project proposed a four-story 188 unit multi-unit residential building with a four-story parking garage. Recommendations for that project were as follows: Staff made a recommendation of denial based on the recommendations of the area plan, City Plan Commission made a recommendation of approval (5-2), City Council denied the request (5-7). A comparison of the two projects is provided within the body of this report. The amendment to the area plan is required because the request is denser than the recommendations of the Midtown Plaza Area Plan. More discussion regarding the area plan amendment is below in the report. The proposed density of the project, 191 units, equates to the density allowed by the R-0.5 district. The building proposes 37 units on the first floor, 41 on the second floor, 44 on the third and 45 units on the fourth floor, and 24 units on the fifth floor—for the 191 unit total. The gross density is listed as 82 units per acre. The proposed development is one structure. The overall massing of the structure is broken down by using a variety of materials, changes in façade setbacks, and changes in overall building height. The plans show a neutral color palate with two variations of brick, a light cast stone, stucco in three different colors, wood panels, metal panels and glass windows. Low black metal fencing is shown throughout the development. The structure borrows elements from the classic colonnade apartments found throughout older parts of Kansas City. Balconies are enclosed with large architecturally integrated posts (similar to those used by colonnades with square brick column porches) and glass railings. Balcony elements are capped with a simple cornice. Changes in setback and height are further emphasized with the change in building materials. High quality materials, such as brick and cast stone, are exclusively used on the first story, and extend to the top stories throughout the development. Stucco is shown as an accent material on some ground floor elevations with the majority of the proposed stucco focused on the second story and above. The tallest portion of the building is at the north side of the site. On the north side of the site the building is five stories (64 feet tall). The building stays five stories on the east side until it transitions to three stories at the southernmost end. On the west side, the building then steps down to four stories in the middle. The southern portion of the building is three stories (38 feet tall). The proposal steps down from five stories on the north to three stories on the south end in order to be context sensitive to the one- and two-story single family residential buildings to the immediate south. The east façade will be the tallest due to the change in grade along Washington Street. Retaining walls and raised entrances line the east elevation.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170832
(Sub.)
Rezoning approximately 2.5 acres generally located at the southwest corner of 44th Street and Washington Street from Districts R-1.5 and R-6 to District MPD, and approving a development plan for a five-story apartment project containing 188 units (14707-MPD-1)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS AS A COMMITTEE SUBSTITUTE, DEBATE"
Ashley Winchell, City Planning and Development, gave the staff report on the Ordinance. It was noted that this is a companion to Resolution 170831. There are three application requests, the first, a) 727-S-5, is to amend the Midtown Plaza Area Plan by changing the Recommended Land Use Map from Residential Low, Residential Medium and Residential High all to Residential Urban land use for the subject site. The second request is b) to consider rezoning the site from Districts R 1.5 (Residential 1.5) and R-6 (Residential 6) to District MPD (Master Planned Development) and the approval of a Development Plan for a four-story apartment project containing 188 units. The third request is c) to approve a final plat of the site. A similar project was proposed in 2016. That project proposed a four-story 188 unit multi-unit residential building with a four-story parking garage. Recommendations for that project were as follows: Staff made a recommendation of denial based on the recommendations of the area plan, City Plan Commission made a recommendation of approval (5-2), City Council denied the request (5-7). A comparison of the two projects is provided within the body of this report. The amendment to the area plan is required because the request is denser than the recommendations of the Midtown Plaza Area Plan. More discussion regarding the area plan amendment is below in the report. The proposed density of the project, 191 units, equates to the density allowed by the R-0.5 district. The building proposes 37 units on the first floor, 41 on the second floor, 44 on the third and 45 units on the fourth floor, and 24 units on the fifth floor—for the 191 unit total. The gross density is listed as 82 units per acre. The proposed development is one structure. The overall massing of the structure is broken down by using a variety of materials, changes in façade setbacks, and changes in overall building height. The plans show a neutral color palate with two variations of brick, a light cast stone, stucco in three different colors, wood panels, metal panels and glass windows. Low black metal fencing is shown throughout the development. The structure borrows elements from the classic colonnade apartments found throughout older parts of Kansas City. Balconies are enclosed with large architecturally integrated posts (similar to those used by colonnades with square brick column porches) and glass railings. Balcony elements are capped with a simple cornice. Changes in setback and height are further emphasized with the change in building materials. High quality materials, such as brick and cast stone, are exclusively used on the first story, and extend to the top stories throughout the development. Stucco is shown as an accent material on some ground floor elevations with the majority of the proposed stucco focused on the second story and above. The tallest portion of the building is at the north side of the site. On the north side of the site the building is five stories (64 feet tall). The building stays five stories on the east side until it transitions to three stories at the southernmost end. On the west side, the building then steps down to four stories in the middle. The southern portion of the building is three stories (38 feet tall). The proposal steps down from five stories on the north to three stories on the south end in order to be context sensitive to the one- and two-story single family residential buildings to the immediate south. The east façade will be the tallest due to the change in grade along Washington Street. Retaining walls and raised entrances line the east elevation.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170833
Vacating the east/west alley next south of E. 8th Street from the west right-of-way line of Highland Avenue to the east right-of-way line of Paseo Boulevard and directing the City Clerk to record certain documents. (1747-V)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Ashley Winchell, City Planning and Development, gave the staff report on the Ordinance. The alley proposed for vacation is an east/west alley located between E 8th Street to the north and E 9th Street to the south and Paseo to the west and Highland to the east. The alley is unconstructed and overgrown. Access to the alley is blocked on the east side by a fence and vegetation. A plan approving three multi-unit buildings with a total of 57 units was recently approved. They plan contemplates the vacation of this alley. An apartment building and surface parking lot will be constructed on the existing alley alignment. The applicant has received consents from 67 percent of the adjacent property owners which includes the owners of the properties to be developed and the owners of the Scimeca property. The applicant is continuing to seek consent of the other property owners adjacent to the alley.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170834
Approving a development plan in District M1-5 on about 43 acres generally located at 4231 Clary Boulevard. (14847-P)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "ADVANCE AND DO PASS, DEBATE"
Joe Rexwinkle, City Planning and Development, gave the staff report on the Ordinance. The building is occupied by Aspen Product which manufactures paper plates, cups, bowls and lunch bags. The company is expanding and adding hundreds of employees for a total of up to 900 employees. The proposed building expansion will be to the east of the existing building and will be about 312,000 square feet in area for a total floor area of 608,198 square feet. The remainder of the site will consist of a limited amount of open space, drives, parking and loading areas. Loading areas will occur on the east and south sides of the building with employee parking to the north of the new addition. 225 parking spaces are required, however the plan proposes 495 which is based upon the expected largest shift. Both the existing and proposed building are constructed of insulated metal wall panels. Given the lack of visibility of the site from adjacent properties and street, staff is supportive of the proposed building materials and design. Sidewalks should be providing connecting the employee and visitor parking with the employee/public entrances. It appears that this will result in sidewalks needed in the parking lot north of the expansion. The existing hillside and extensive vegetation north of the drive and parking area will remain and serves to satisfy screening requirements on this side of the property. Street trees are not required since the property lacks frontage along a street. Other landscaping requirements include 1 tree per 5000 square feet of building coverage (63 trees for the proposed expansion), interior parking lot landscaping consisting of 35 square feet of interior landscape area per parking space (17,325 sf) planted with 1 tree per 5 parking spaces (99 trees) and 1 shrub per parking space (495 shrubs). The landscape plan does not appear to fully comply with these standards and should be revised to do so, however, the general landscape requirements can be satisfied with the interior parking lot landscaping requirements.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170835
(Sub.)
Approving a preliminary plat of Presidential Park with waivers from the subdivision design and improvement standards in District R-5 on about 29 acres generally located southeast of N.E. 80th Street and N. Spruce Avenue. (SD-1254B)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "DO PASS AS A COMMITTEE SUBSTITUTE"
Joe Rexwinkle, City Planning and Development, gave the staff report on the Ordinance. The applicant is proposing a preliminary plat to create 29 lots; 13 of which surround an extension of NE 79th Ter ending in a cul-de-sac in the northwestern corner of the property. These lots are standard-sized lots comparable to surrounding residential areas; however the remainder are large estate-style lots along N Spruce (future Maplewoods). Each of these lots will take access from Maplewoods with homes facing toward the parkway conforming to parkway standards. While this is the intent, it is not clearly stated on the plat and staff is recommending a plan revision related to this.
Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170600
Imposing a moratorium until April 13, 2018, on the approval of development plans, rezonings, project plans, right-of-way vacations, and the issuance of demolition permits in the Westport area, as outlined in red on the attached map.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD OFF AGENDA"

Ayes: 5 - Taylor, Barnes Jr., Hall, Lucas, Shields
Nays: 0

170771
Amending Chapter 88, Zoning and Development Code, to regulate provision of short term rental. (254-S-316)


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (11/8/2017)"
Diane Binckley, Patty Noll, and Greg Franzen, City Planning and Development, gave the staff report on the Ordinance. It was noted that this is a companion to Ordinance 170772. The short term rental (STR) ordinance allows for two types of permits. The first is owner occupied short term rental (Type 1). This is for homeowners who seek to put their full-time residence on a platform for the purpose of renting it out to guests for a time less than thirty days per stay. Full time residence means the host inhabits the property for a minimum of 270 nights per year. The second type of STR is non-owner occupied short term rental (Type 2) which are for property owners who do not live on the property full time and rent out the property up to 365 days a year to guests for a time less than thirty days per stay. Type 1 is allowed via a registration program and will be $100 the first year and $50 in following years. The first year, the property owner is required to notify adjacent residential properties of the proposed use. They are not required to get approval of the neighbors. Type 2 is allowed via an administrative approval ($259 first year and $50 registration each year following) and the supportive signatures of 55% of adjacent residential property owners and tenants in the case of an apartment building. If the property owner is unable to obtain the 55% approval then they may pursue a special use permit ($595 application fee) through the standard process. If an SUP is granted then each following year the property owner must register and pay the $50 registration fee. Accessory dwelling units (ADU) are currently not allowed for rental to non-family members and therefore, this ordinance does not allow for short term rentals either. Staff has committed to reviewing all ADU rentals in the coming year. Short term rentals are allowed in all residential zones with limited allowances for multi-family residential in R zones. Multi-family dwelling units are allowed to be used for Type 1 rentals in residential zones, and are limited for Type 2 rentals. The Type 2 rentals are limited to 1 or 25% of the building in residentially zoned multi-family dwellings if signatures are obtained. Multifamily units are allowed to be used for Type 1 and Type 2 in B, D and M1 zones as well, but without the 25% limitation as described in the residentially zoned multi-family. To ensure the multi-family buildings do not become a hotel, each entity may have a maximum of four STRs per building. Hosts will be required to obtain a business license. STR’s will not be required to capture transient taxes. Taxing STR’s would require two steps: an enabling statute from the state legislature, and a vote by the people of Kansas City. It would be an extension of the Convention & Tourism tax, a 7.5% tax on the total stay that the guest would pay, and the host (or platform on behalf of the host) would collect.
Ayes: 4 - Taylor, Barnes Jr., Hall, Shields
Nays: 0

170772
Amending Chapter 18, “Buildings and Building Regulations,” Article II, Section 18-40, to enact provisions for regulation of short term rental.


PLANNING, ZONING & ECONOMIC DEVELOPMENT COMMITTEE recommends "HOLD ON AGENDA (11/8/2017)"
Diane Binckley, Patty Noll, and Greg Franzen, City Planning and Development, gave the staff report on the Ordinance. It was noted that this is a companion to Ordinance 170771. The short term rental (STR) ordinance allows for two types of permits. The first is owner occupied short term rental (Type 1). This is for homeowners who seek to put their full-time residence on a platform for the purpose of renting it out to guests for a time less than thirty days per stay. Full time residence means the host inhabits the property for a minimum of 270 nights per year. The second type of STR is non-owner occupied short term rental (Type 2) which are for property owners who do not live on the property full time and rent out the property up to 365 days a year to guests for a time less than thirty days per stay. Type 1 is allowed via a registration program and will be $100 the first year and $50 in following years. The first year, the property owner is required to notify adjacent residential properties of the proposed use. They are not required to get approval of the neighbors. Type 2 is allowed via an administrative approval ($259 first year and $50 registration each year following) and the supportive signatures of 55% of adjacent residential property owners and tenants in the case of an apartment building. If the property owner is unable to obtain the 55% approval then they may pursue a special use permit ($595 application fee) through the standard process. If an SUP is granted then each following year the property owner must register and pay the $50 registration fee. Accessory dwelling units (ADU) are currently not allowed for rental to non-family members and therefore, this ordinance does not allow for short term rentals either. Staff has committed to reviewing all ADU rentals in the coming year. Short term rentals are allowed in all residential zones with limited allowances for multi-family residential in R zones. Multi-family dwelling units are allowed to be used for Type 1 rentals in residential zones, and are limited for Type 2 rentals. The Type 2 rentals are limited to 1 or 25% of the building in residentially zoned multi-family dwellings if signatures are obtained. Multifamily units are allowed to be used for Type 1 and Type 2 in B, D and M1 zones as well, but without the 25% limitation as described in the residentially zoned multi-family. To ensure the multi-family buildings do not become a hotel, each entity may have a maximum of four STRs per building. Hosts will be required to obtain a business license. STR’s will not be required to capture transient taxes. Taxing STR’s would require two steps: an enabling statute from the state legislature, and a vote by the people of Kansas City. It would be an extension of the Convention & Tourism tax, a 7.5% tax on the total stay that the guest would pay, and the host (or platform on behalf of the host) would collect.
Ayes: 4 - Taylor, Barnes Jr., Hall, Shields
Nays: 0
 
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