ࡱ> #` ebjbj n]w\\\\$x+x+x+P+L,ROd,-(---!/!/!/NNNNNNN$PhSN=."!/==N\\--3 O.C.C.C=\8--N.C=N.C.CJK-, PLTx+>=K%L"O0ROSK^S?4S,KSKt!/38.C6o99!/!/!/NNBj!/!/!/RO====$$**\\\\\\  COMMUNITY PROJECT/ZONING Ordinance Fact Sheet Ordinance Number Case No. 13747-URD Brief Title Approval Deadline Reason To consider rezoning the site from District C-3b (Intermediate business transitional district) to District URD (Urban redevelopment district) and the approval of a development plan for an office building and parking garage. Details Positions / Recommendations Specific Address About 2.4 acres located on the block bordered by 10th Street on the north, Cherry Street on the east, 11th Street on the south and Locust Street on the west SponsorCouncilperson Cooper Reason for Project To allow for the construction of the new J E Dunn headquarters and a public parking garage Programs, Departments, or Groups Affected Council District(s) 2nd Councilpersons Ford, Johnson Other districts (school, etc) Kansas City Mo School District Discussion PREVIOUS CASES: Ordinance No. 060455, passed by the City Council on May 4, 2006, approved the East Village TIF plan, with the subject site listed as Project No. 1. TIF Resolution 4-30-06, passed by the TIF Commission on April 5, 2006. Case SD 1339-- Final Plat, East Village, Block 81, has been filed as a final plat for this site and is expected to be heard by the City Plan Commission immediately following the approval of the URD development plan. REPORT: Background: The request is to rezone one block within the nine-block East Village Tax Increment Financing plan to allow for the JE Dunn office building and a public parking garage. This block is the first to be rezoned and developed within the East Village TIF district. The proposed zoning is District URD (Urban redevelopment district). District URD is a planned district which is typically used for tax incentive areas. The remainder of the East Village TIF area extends to the east, northeast and southeast of the subject site. Applicants/ ProponentsGary Carter Tax Increment Financing Commission (TIF) 1100 Walnut, Suite 1700 Kansas City, MO 64106 Opponents Groups or individuals None known Basis of Opposition: Staff Recommendation  FORMCHECKBOX  For with conditions  FORMCHECKBOX  Against Reason Against: Board or Commission RecommendationBy: City Plan Commission with conditions 06/19/07  FORMCHECKBOX  Approval  FORMCHECKBOX  Approval, with conditions  FORMCHECKBOX  DenialCouncil Committee Actions FORMCHECKBOX  Do pass  FORMCHECKBOX  Do pass (as amended)  FORMCHECKBOX  Committee Sub.  FORMCHECKBOX  Without Recommendation  FORMCHECKBOX  Hold  FORMCHECKBOX  Do not pass  Discussion Policy / Program Impact The East Village TIF project is a $360 million redevelopment project which will extend from 8th Street on the north to 12th Street on the south. The East Village TIF plan was formed as the JE Dunn Company began planning for a new national headquarters. In an agreement between the City, JE Dunn and the TIF Commission, JE Dunn agreed to locate their headquarters in Block 81 (subject site) in exchange for the city acquiring and remediating this and other blighted properties within the remainder of the TIF district. In addition to the Block 81 development, the balance of the East Village TIF area is expected to eventually be developed with nearly 600 housing units, 750,000 square feet of office space, 12,000 square feet of retail space, 45,000 square feet of office/condo space and 2,740 parking spaces. Nearly the entire site is currently used as on-surface parking with associated bollards, wires and signage. A billboard was recently installed at the northwest corner of the block. There is an existing 10 foot wide alleyway, extending north/south in mid-block. According to the site survey, the site elevation extends from a high of 945 in the northwest corner to 929 in the southeast corner. The block is about 270 feet E/W and 385 feet N/S. The block has sidewalk in various states of condition on all four blocks. Tenth Street is one-way eastbound with two driving lanes and one parking lane. Policy or Program Change  FORMCHECKBOX  No  FORMCHECKBOX  YesOperational Impact Assessment  FinancesCost & Revenue Projections Including Indirect Costs Financial Impact Fund Source and Appropriation Account Costs Is it good for the children  FORMCHECKBOX  Yes  FORMCHECKBOX  No Project Start Date Application Submitted: March 16, 2007 City Plan Commission Hearing: June 19, 2007 Revised Plans submitted: July 23, 2007 Project Completion or Occupancy Date Fact Sheet Prepared by: Date: July 23, 2007 John Eckardt Planner Reviewed by: Date: July 23, 2007 Virginia L. Walsh, Manager Development Management Division Reference or Case Numbers: Case No. 13747-URD Cherry Street is a two-way street with one lane in each direction and a parking lane on the east side. Eleventh Street is one-way westbound, with three driving lanes and one parking lane on the south side. Locust Street is one-way northbound with two driving lanes and one parking lane on the east side. There are some street trees on Cherry and Locust. There is an ATA bus stop shelter at the northeast corner of 11th Street and Locust Street. Request: The site plan shows two lots, Lot 1 and Lot 2. Lot 1 is a public parking garage. Lot 2 is an office building. The two buildings are not physically connected and are separated by a 15 foot wide maintenance easement. The easement will be on Lot 2. The parking garage will contain six stories, with four stories below grade and between two and three stories above depending on the elevation at the structure. The proposed parking structure extends nearly to the existing right of way on the north, east and south and to within about three feet of the lot line between the two proposed lots on the west. The garage will contain nearly 274,000 SF and accommodate 781 parking spaces. Of the 781 parking spaces, 580 spaces are earmarked for JE Dunn use and 201 spaces will be for public parking. The garage has two entries, one on the south (11th Street) and one on the north (10th Street). According to current negotiations, the 11th Street access will be primarily for public access and the north entry for JE Dunn business access. The 11th Street access is near the lot line. The north access is actually on the west side of the garage, near the northern edge. Access to this northern entrance will be via 10th Street, through an auto court of the JE Dunn offices. The auto court will require an access easement because although this access appears to be private, the public will have access through this entrance/exit at agreed upon times. The parking garage building materials will be gray pre-cast concrete panels, glass, screens and flexible cable mesh. The plan shows proposed streetscaping on all sides. Since the proposed zoning is URD, a site plan will be required prior to the issuance of a building permit. The site plan will have details of the streetscaping such as the size of the tree grates, width of the sidewalk, types of street trees and other landscaping. The JE Dunn offices will have 203,000 SF within six stories. The building extends nearly to the property lines on all four sides. The primary entrance to the building will be on the north side adjacent to the interior auto court. The west side of the building extends gradually into the site with an exterior patio. The patio extends into the site at the widest point, about 20 feet. The patio also varies in height about the sidewalk grade to a point nearly seven (7) feet. This wall will be concrete and extend for most of the N/S dimension of the block. The patio shows extensive circles, interpreted by staff to be landscapingbut not identified. In the center of the patio is a below grade, 36,000 gallon storm detention tank. This tank will store water from both lots (building and parking) and be used for on-site irrigation. As mentioned earlier, the north side will contain an auto court, used as the north vehicular entry to the garage on Lot 1. There will be about 16 feet between the parking garage on Lot 1 and the JE Dunn offices on Lot 2. The parking garage will be about 3 feet from the property line and the JE Dunn offices will therefore be about 13 feet from the property line. This 16 foot area will contain plantings, a generator vault and easements for building maintenance and access. The plan shows a staggered walking path with various plantings along the 240 foot long easement. The building materials for the JE Dunn building will be insulated, precast architectural concrete curtain wall panels, low-E insulting glass and an aluminum curtain wall system. As with the streetscaping along the parking garage, streetscaping along the rights of way for JE Dunn will be designed and approved during the site plan submittal with city staff. Maneuvering in the Right of Way: The plan shows building service dock on the JE Dunn site on 11th Street which will require truck backing into the building (maneuvering). According to sections 80-173(b) and 80-444/5, truck maneuvering is not allowed in the right of way. This describes a situation where trucks used for the purpose of loading or unloading must use the right of way for their backing movements. The purpose of this requirement is to prevent the blockage of other traffic within the public roadway. The project is proposing a 40 foot wide truck loading dock on the south side of the JE Dunn building on 11th Street. When fully backed, the trucks will be completely within the building. According to Section 80-173 (b) (2), "parking and loading facilities must be provided at a ratio in accordance with sections 80-444 and 80-445 unless, in the opinion of the city council, after recommendation of the city plan commission . . . " This section therefore gives the City Council authority to review and approve parking and loading proposals which are not in compliance with the standards as set forth within the sections. This conclusion is arrived at from input of City traffic engineers from the Streets and Traffic Division of Public Works. During discussions within the Plats Review Committee, Engineering staff stated that they objected to trucks backing into the building and potentially holding up vehicles using 11th Street. Leadership in Energy and Environmental Design, US Green Building Council (LEED) According to Resolution No. 041222, passed November 18, 2004, all City-owned or operated building or facility as identified by LEED Standards Committee, are required to be constructed with a Silver Standard LEED rating. Ratings vary with a Certified rating being 26 to 32 points, a Silver rating being 33 to 38 points, a Gold rating being 39 to 51 points and a Platinum rating being 52 or more points. The development architects, BNIM 360, are keeping a running LEED scorecard which they will submit for certification. As of May 18, 2007, the consultants believed the buildings had a rating of 41 or Gold. LEED ratings are broken down into six categories: Sustainable Sites, Water Efficiency, Energy &Atmosphere, Materials and Resources, Indoor Environmental Quality and Innovation & Design Process. Sustainable Sites reward the applicant with points if locations are chosen in areas such as a downtown or historical site, if the site is a brownfield site, if the stormwater system has sand/oil separators, if the roof is not a heat-island and if there is minimum exterior light spillage. Water Efficiency deals with such aspects as using drought resistant grasses on the site and hand-free water fixtures. Energy and Atmosphere points are rewarded with efficient windows, office lights and building location in relation to sun angles. The Materials and Resources category rewards points when products for the building are manufactured nearby and when carpets and paints have minimal toxic fumes. Indoor Environmental Quality rewards points which lead to office worker comfort, such as proper ventilation, lighting on sensors and the use of natural lighting. Analysis: City staff has been working on the details of this project with the applicant since summer of 2006. The agreement between JE Dunn and the City allows for a standard URD review, including typical conditions that any other zoning request would receive. The design of the JE Dunn building has been underway for the past few months, but city staff has only recently seen the design result. Based upon this review, city staff is disappointed that the building design has a diminished respect for the view of the west faade by those using the Ilus Davis Park. These comments however are made with the understanding that the plans submitted are still not very detailed and difficult to read. This site is directly across the street from one of the downtowns largest parks. The Ilus Davis Civic Mall Master Plan provides design recommendations to guide project design in a manner that supports and compliments the park. This proposed building design does not adequately address these recommendations or explain why the recommendations have not been addressed. The blank wall along Locust St. appears to be over 5 high along much of the length and does not support the Citys goal of creating a more walkable downtown. The wall from the plan appears to be holding a wide and long planting area which is at times seven feet high. From the plan, it appears that the plantings will be easily seen by those in the building. However, from the park, one sees a continuous blank concrete wall. Staff recommends that this design be revised to soften this negative view. Perhaps moving the wall back (east) and planting shrubs in the open space would help. The building lacks a primary entrance to the building from Locust St. as access appears to primarily designed for use by vehicle. The proximity to City Hall, Oak Tower and other downtown businesses and destinations within easy walking distance is one important reason to offer easy access to the major street it fronts. Also, as a major development facing the Ilus David Civic Mall, more openness and better relationship between the building and the Mall are important. City staff recommends that the building design include a significant entrance or entry feature to the Locust St. faade, e.g. towards the north end of the building to share with the auto-court entry. The Kansas City Downtown Streetscape Master Plan focuses on the public r-o-w and improvements the City can control, but staff and others involved in creating the Master Plan envisioned pedestrians having many views into buildings to see interior activities, e.g. retail, restaurants, or in the case of offices, lobbies and similar public/semi-public spaces. These types of views are critical to enliven the street life and enhance the urban setting. Streetscape is an important element and offers consistency to create a stronger, more cohesive image for downtown. But street trees and other enhancements alongside a wall with minimal views to interior activities are a weak design strategy for an urban building, and they alone do not support the Citys goals of creating more active, inviting pedestrian-friendly streets in downtown. Given the above, city staff applauds the effort to reach the Silver, and perhaps Gold LEED standard. It is likely that a combination of the two buildings will be used to meet the requirements within CS Ord. No. 041222. City staff is reviewing this issue. The plan does a good job of implementing proposed streetscaping on all four sides, and especially the east side (Cherry). The east faade, against the city parking garage, will contain a layering of landscaping, including street trees, understory trees and shrubs against the parking garage. RECOMMENDATION: At its regularly scheduled meeting on June 19, 2007, the City Plan Commission recommended APPROVAL of Case No. 13747-URD, subject to the following conditions: Note additions in bold and deletions in strikethrough: That six copies and an acetate of the revised development plan set be submitted showing the following: Date of the preparation of the plan and the revision dates. A redesign of the west faade of the JE Dunn building to include a pedestrian entrance, a redesign of the retaining wall and landscaping to include a more interesting view on the ground floor. Plat sheet: Place the dimension of the alleyway on the plat. Sheet A1: Change Private Access Easement to Public. Sheet A1: Give a key or identify all symbols such as landscaping and walkway material. Sheet A1: Identify the Storm Detention Tank as a BMP Easement. Show the existing 10 foot wide alleyway and state that it is to be vacated. Sheet A1: Show the width of all driveways. Sheet A1: Redesign the plan so that there is no maneuvering in the public right of way on 11th Street. Place a note on the plan that a maneuvering in the public right of way on 11th Street is hereby allowed. Sheet A1: Change Private BMP Easement to Private Storm Easement. Sheet A1: Show the proposed setback for all buildings on all streets. Sheet A1: The elevators look like air shafts, identify which is which. m Show full extents of the plat and adjacent infrastructure important to this development (200 feet minimum). (See 66-43 (d) (6, 7 and 10). n. Show Developer Contact Information, including phone number and/or e-mail. o. Show and label existing conditions including width of all R/W's, roadways, etc. Show and label center lines. p. Show, label, and dimension all proposed R/W's and easements. Show and label center lines. Distinguish public versus private utilities on the plan. (See 66-43 (d) (11)) q. Show and label sidewalks, curbs, and gutters as they exist adjacent to project frontage, and correctly within the R/W. Show and label proposed sidewalks, curbs, and gutters. r. Depict concept for storm water detention, volume controls, or treatment areas as appropriate and show how project is to be managed by storm water facilities (including public systems, detention areas/tracts, approximate grading,etc.) showing that the project can be feasibly designed in accordance with APWA 5600 adopted Standards. Off-site systems (natural, proposed, or existing) should be shown for purposes of conveying conceptually how systems will be connected, and 100-year conveyance paths. Identify the private and public portions of the storm water management system. s. Depict existing right-of-ways to be vacated. t. Depict typical sections for Cherry Street, 11th Street, Locust Street, and 10th Street showing elements of standard street section improvement, including sidewalks, curb and gutters, pavement widths, street grades, etc. in relation to proposed r/w widths. u. Show any P.O.S. medians areas, storm water detention, public BMP's, islands, or monumentation Tracts labeled A, B, C, etc., along with their intended purpose. v. Show any private BMP's used as storm water management features as easements labeled BMP easement, surface drainage easement, or other intended purpose. BMP and surface drainage easements require stand alone easement documents. w. Identify the private and public portions of the stormwater management system. 2. That the developer shall cause the area to be platted and processed in accordance with Chapter 66, Code of Ordinances of the City of Kansas City, Missouri, as amended, commonly known as the Subdivision Regulations. 3. That the developer submit a detailed Micro storm drainage study, consisting at a minimum of a letter from a Missouri Licensed Civil Engineer stating that the proposed improvements will not alter or increase historical runoff conditions for the site, to Development Services prior to review and issuance of any building permits, and that the developer construct any improvements as required by Development Services. 4. That the developer dedicate additional right of way for a collector street as required by Development Services so as to provide a minimum of 30 feet of right of way as measured from the centerline of Locust Street. 5. That the developer vacate the north - south alley, as required by Development Services, and the vacation precede the final plat application. 6. That the developer improve the eastern one-half of Locust Street to collector street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, street lights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities. 7. That the developer improve the northern and southern one-half respectively of 11th Street and 10th Street to arterial street standards as required by Development Services, including curbs, gutters, storm sewers, sidewalks, street lights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities. 8. That the developer improve the western one-half of Cherry Street to local street standards as required by Development Services, including curbs, gutters, sidewalks, street lights, existing roadway section transitions to meet vertical and horizontal alignment standards, and relocation of utilities. 9. That a 6 foot variance to the minimum required right-of-way width of 36 feet as measured from centerline of 11th Street for a collector street so as to permit 30 feet of right-of-way as measured from centerline and as shown on the development plan is hereby granted. 10. That the developer shall subordinate to the City all private interest in the area of any right-of-way dedication as required by Development Services, and that the developer shall be responsible for all costs associated with subordination activities. 11. That any relocated street lights be integrated into existing street light system as required by Development Services. 12. That the developer submit plans for grading, siltation, and erosion control to Development Services for approval and permitting prior to beginning any construction activities. 13. That the developer secure a Land Disturbance Permit from Development Services prior to beginning any construction, grading, clearing, or grubbing activities, if the disturbed area equals one acre or more. 14. That the developer submit a streetscape plan for acceptance by City Planning and Development and permitting by Development Services prior to beginning work in the public right of way. 15. That the developer grant a BMP easement to the City as required by Development Services. 16. That the developer grant an ingress/egress and cross access easement to the City, as required by Development Services, and show the easement on the final plat. 17. That the developer submit covenants, conditions and restrictions to Development Services for review by the Law Department for approval for the maintenance of private open space and enter into a covenant agreement for the maintenance of any stormwater detention area tracts. 18. That the developer comply with the Kansas City Downtown Airport Height Zoning restrictions and that this language be included on the final plat. 19. That the developer submit a site plan to the Director of the Department of City Development for approval prior to the issuance of a building permit. The site plan shall include information regarding: property uses, setback distances, lighting, landscaping and architectural characteristics, berms, trees and plantings around and within the parking lots; show proposed pedestrian circulation; and include elevation drawings of buildings and signage. 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