CITY OF WARRENSBURG COMMUNITY DEVELOPMENT

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1 CITY OF WARRENSBURG COMMUNITY DEVELOPMENT July 3, 2018 Honorable Mayor and Members of the City Council City of Warrensburg, Missouri Dear Mayor and Council Members: SUBJECT: A Public Hearing on an Ordinance Approving a Conditional Use Permit for Land Use Multi-Family Townhouse, Rowhouses; Land Use Multi-Family Apartments, Street Level; and Land Use Multi-Family Attached Units, Street Level in a CB: Central Business District Located at 146 W. Pine Street in the City of Warrensburg, Missouri BACKGROUND: The applicant, Fish & Putt, LLC, is requesting a Conditional Use Permit (CUP) to be allowed to convert an existing building into three (3) multi-family dwelling units in the CB: Central Business District. Section of the Code of City Ordinances requires a Conditional Use Permit for Land Use Multi-family townhouse, rowhouses, Land Use Multi-family apartments, street level, and Land Use Multi-family Attached units, street level in the Central Business District. The applicant s proposal is that the building will contain three residential units with each unit occupying a portion of the street-level and second floor of the building with balconies on the west elevation. A site plan has not been provided. Off-street parking is not required for three or less dwelling units in the CB District (Sec (b) (1)). The Magnolia Opera House Apartments north of the property in question were permitted in 2006 because the ordinances at that time allowed apartments as principal uses on lots by right. No Conditional Use Permit was required. Following public discussion and input during both the 2007 Comprehensive City Plan and the 2008 DREAM Initiative, the city code was changed in 2011 to require a Conditional Use Permit for street level residential uses in the Central Business District (see Ordinance #4668). The intent of the code change was to preserve street level spaces in the Central Business District for commerce and make them available for a diverse range of businesses. Adjacent Zoning The areas on all sides of the property in question are zoned CB: Central Business District. The surrounding area includes Magnolia Opera House Apartments and All Starz barber shop to the north; Those Were the Days antique mall to the east; the former grain elevator, storage buildings and parking lots to the west; and the Union Pacific Railroad and a parking lot to the south. Site Plan Conditional use permits require preliminary and final site plans be prepared and submitted to the Planning & Zoning Commission for review and approval. No site plans or building plans have been provided at the time of this writing. Without further information, staff is unable to determine if it will be able to meet all code requirements. Items of concern to staff include placement of a trash dumpster, the balconies on the west side that are proposed to extend over the sidewalk and the possibility of new heating or cooling units.

2 Public Comments Received As a land use issue that can have an impact on surrounding property owners, CUP s are required to receive input from adjacent property owners. The attached list of property owners within 300 feet of the site were notified of the meeting before the City Council on July 9, At the time of this writing, the following public comment has been received: Tim Cornell, 212 W. Culton, contacted City Hall on June 26, 2018 for general information about the CUP. Criteria for Considering a Conditional Use Permit Section (c) (2) outlines the criteria to be considered by the City Council when making considering a Conditional Use Permit. a. The statement of intent for the CB district, Sec (b), states The CB district is designed to allow major business services and a broad range of retail merchandising to co-exist with high-density residential developments. Principal commercial uses include financial, service and office businesses; department stores, variety stores and general and specialty retail stores. Residential uses are permitted under conditional use permits as principal uses on individual lots and at street level of mixed-use occupancies. Residential uses are zoned by right in basements and on the second and higher floors of mixed-use occupancies. Generally, first floor occupancies should be nonresidential in this district, especially when surrounding uses include commercial activity. Because this is a major area within the community for employment and commerce, relatively large building volumes and high residential densities can be permitted. b. The 2017 Comprehensive City Plan Update shows the property as mixed use and defines mixed use as land that is developed at a higher, urban density with multi-story buildings including a combination of residential, retail, and office uses. Retail and office uses are typically located on the first floor (street level) with multifamily residential dwelling units located on the upper floors equating to approximately 14 to 18 dwelling units per acre. Buildings should be 2-4 stories in height with parking shared among uses and provided onstreet and in-structure parking located within, under, or to the rear of the building. Planning and Zoning Commission Action The Planning and Zoning Commission will consider this item at a meeting on July 9, 2018 at 5:30 p.m. Staff will bring the written findings and recommendation from the Commission meeting to the City Council meeting on July 9, 2018 at 7:00 p.m. ISSUE: To hold a hearing and consider an ordinance approving a CUP for Land Use Multi-family townhouse, rowhouses; Land Use Multi-family apartments, street level; and Land Use Multi-family Attached units, street level in a CB: Central Business District Located at 146 W. Pine Street. STRATEGIC PLAN: N/A FISCAL IMPACT: N/A

3 ECONOMIC BENEFITS/IMPACT: N/A RECOMMENDATION: Staff does not recommend approval of the ordinance. Staff has recommended denial of the CUP to the Planning and Zoning Commission for the following reasons: 1. The proposal is not in keeping with the intent of the CB district regulations to have residential uses in basements and on second and higher floors of mixed-use occupancies. The applicant has not proposed a mixed-use occupancy. 2. The proposal is not in keeping with the general trend of development in that area for commercial, restaurant, service, and professional office uses. 3. The request is not keeping with the 2017 Future Land Use Map for Mixed Use. 4. The 2007 Comprehensive Plan recommendation states that downtown remains the heart of the City by encouraging a wide mix of retail, office, and commercial businesses. The majority of housing in the area is situated above retail and office storefronts. 5. The applicant has not provided a site plan or building plans. Sincerely, Barbara Carroll, AICP Director or Community Development CC: City Manager Attachments: 1. Ordinance 2. Ordinance Zoning information 4. Aerial photograph of site 5. Future Land Use Map from 2017 Comprehensive Plan Update Comprehensive City Plan excerpt 7. Section (c) (2) of the Code of City Ordinances 8. List of property owners within 300 ft 9. Letter to property owners within 300 ft. 10. Publisher s Affidavit 11. Application documents and letters submitted by the applicant

4 BILL NO. ORDINANCE NO. AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR LAND USE MULTI- FAMILY TOWNHOUSE, ROWHOUSES; LAND USE MULTI-FAMILY APARTMENTS, STREET LEVEL; AND LAND USE MULTI-FAMILY ATTACHED UNITS, STREET LEVEL IN A CB: CENTRAL BUSINESS DISTRICT LOCATED AT 146 W. PINE STREET IN THE CITY OF WARRENSBURG, MISSOURI WHEREAS, Fish & Putt, LLC filed a request for a Conditional Use Permit for Land Use Multi-Family Townhouse, Rowhouses; Land Use Multi-Family Apartments, Street Level; and Land Use Multi-Family Attached Units, Street Level in a CB: Central Business District Located at 146 W. Pine Street, also described as LOT 229 IN HOLDEN S SECOND ADDITION TO THE CITY OF WARRENSBURG, EXCEPT THE EAST 15.5 FEET THEREOF; IN JOHNSON COUNTY, MISSOURI; and WHEREAS, public notice of the Planning and Zoning Commission s open public meeting to consider the request was given by letter to property owners within 300 feet of the subject tract on June 22, 2018; and WHEREAS, the Planning and Zoning Commission considered the request at its meeting on July 9, 2018; and WHEREAS, public notice of the City Council s public hearing to consider the request for a Conditional Use Permit was given by publication in the Daily Star Journal on June 22, 2018; and WHEREAS, the public hearing was held on July 9, 2018 by the City Council. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WARRENSBURG AS FOLLOWS: Section 1. Section 2. Following the consideration of the public comments received on the proposed Conditional Use Permit and upon careful consideration of the evidence before the City Council, it is found and determined that the Conditional Use Permit requested would promote the health, safety, and general welfare of the citizens of the City. That a Conditional Use Permit for Land Use Multi-Family Townhouse, Rowhouses; Land Use Multi-Family Apartments, Street Level; and Land Use Multi-Family Attached Units, Street Level in a CB: Central Business District Located at 146 W. Pine Street and described as above, is hereby granted with the following condition: A. Staff is granted the authority to approve the final site plan as part of the building permit process. Section 3: This ordinance shall be in full force and effect after passage by the City Council. Read two times and passed by the City Council for the City of Warrensburg, Missouri, this day of July, Attest: Danielle Johnston, Mayor Cindy Gabel, City Clerk

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7 Current Zoning Designation 146 W. Pine St. W CULTON ST I R4 N WASHINGTON ST W PINE ST HI CB Legend Zoning Property of Interest Parcel Lines CB: Central Business HI: Heavy Industrial LI: Light Industrial R3 LI MADISON ST R3: Low-Density Multi-Family Residential R4: Medium-Density Multi-Family Residential S WASHINGTON ST MARSHALL ST MADISON ST

8 Aerial Map 146 W. Pine St. I N WASHINGTON ST W CULTON ST W PINE ST S WASHINGTON ST MARSHALL ST Legend Property of Interest Parcel Lines MADISON ST MADISON ST

9 CUP 146 W Pine St

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16 Request for Conditional Use Permit Three (3) multi-family dwelling units, street level in CB District 146 W. Pine St. The following property owners own land within 300 ft. of the property in question. AARON & HEATHER ROOTS 7 NW 730TH RD WARRENSBURG MO KCP&L E 350 HWY KANSAS CITY MO CATHERINE ANNE SCULLY 111 POST OAK CT WARRENSBURG MO FISH & PUTT LLC C/O GEORGE TAYLOR 146 W PINE ST WARRENSBURG MO FITKO INC 131 W PINE ST WARRENSBURG MO GREEN TRUCK PROPERTY LLC 61 NE 231ST RD WARRENSBURG MO HSKC LEASING INC 4120 NE PORT DR LEES SUMMIT MO JAMES L YATES 72 NW 780TH RD WARRENSBURG MO JOHN M BROOKS 110 MARSHALL ST WARRENSBURG MO L & D PROPERTY LLC 138 W PINE ST WARRENSBURG MO LAWRENCE W PURCELL PO BOX 28 WARRENSBURG MO MICHAEL R & DONNA CLAIRE BODENHAMER 221 W GAY ST WARRENSBURG MO N JOHN & TERESA A COLLINS 275 NE 35TH RD WARRENSBURG MO PSO SAFETY LLC PO BOX 973 WARRENSBURG MO QPO REALTY LLC PO BOX 434 WARRENSBURG MO RESTORATION CAMPUS MINISTRIES INC C/O CHARLES PETENTLER 207 JOHNSON AVE WARRENSBURG MO 64093

17 TAMMY LYNN SMITH 130 W CULTON ST WARRENSBURG MO TNT RENTALS LLC 102 HOUT ST WARRENSBURG MO WILLIE TAYLOR 426 POPLAR ST WARRENSBURG MO 64093

18 CITY OF WARRENSBURG, MISSOURI NOTICE TO PROPERTY OWNERS WITHIN 300 FEET June 22, 2018 «NAME» «IN_CARE_NAME» «ADDRESS» «CITY_STATE_ZIP_CODE» Dear Property Owners (s): The City of Warrensburg has received an application from Fish & Putt, LLC for a Conditional Use Permit to convert an existing commercial building to three (3) multifamily dwelling units in the CB: Central Business District. Specifically, the request involves allowing Land Use Multi-family townhouses, rowhouses, Land Use Multi-family apartments, street level, and Land Use Multi-family Attached units, street level in the Central Business District. The property is located at 146 West Pine Street. The property in question is legally described as follows: LOT 229 IN HOLDEN S SECOND ADDITION TO THE CITY OF WARRENSBURG, EXCEPT THE EAST 15.5 FEET THEREOF; IN JOHNSON COUNTY, MISSOURI. The Planning and Zoning Commission will consider the request at an open public meeting on Monday, July , at 5:30 p.m. at the Warrensburg Municipal Center, 200 S. Holden Street, Warrensburg, Missouri. At this meeting and after receiving public comments, the Planning & Zoning Commission will vote to make a recommendation to the City Council. The City Council will consider the request at a public hearing on Monday, July 9, 2018, at 7:00 p.m. at the Warrensburg Municipal Center, 200 S. Holden Street, Warrensburg, Missouri. At one or both of these meetings, you may submit your views in person, by writing, or by representative. For further information, please contact Kristin Jo Pack, City Planner, at Sincerely, CITY OF WARRENSBURG BY: Kristin Jo Pack, City Planner

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29 June 26, 2018 Dear Members of the Planning and Zoning Commission and Warrensburg City Council, I am writing to you to introduce myself and my partner and why we have submitted a Conditional Use Permit to remodel the entire building at 146 W. Pine. We have spent several months and a lot of money getting this building ready to properly remodel and try and figure out what is the best use for it in both a positive improvement for the downtown and a wise financial decision for our company. This building, like many of the other buildings in the downtown business district are very old and need a lot of repairs, both structural and cosmetic. We have hired both architects and different types of engineers to help us in selecting the most efficient ways to repair and remodel all of our buildings along with bringing in designers to give us suggestions on how to make them appealing to the general public. I have asked my attorney and accountant to help provide some information to you that gives you some examples of my past contributions. In over the past 20 years, being involved both directly and indirectly in purchasing, remodeling, and operating, my buildings have produced the following: 1. Spent over $5 million dollars in purchasing and renovating buildings in the central business district 2. Paid over $500,000 in property taxes 3. Paid over $1.5 million in sales tax 4. Employed over 1,500 students and members of the community 5. Housed over 1,000 tenants that have spent money in the downtown business district because of how close they live We show you these numbers because we have greatly contributed to this community in many ways in the past and have many projects that are currently in motion. These include the following: 1. Full renovation of the Star Theater that will become a theater with living room settings, variety of foods and drinks, and the large capacity to rent out to community groups. Approximate renovation costs- $150, Tear down and remodel of both the inside and addition of a rooftop patio and food truck style kitchen and menu within the existing business known as The District at 115 and 117 W. Pine. Approximate renovation costs- $500, Remodeled over the past two years what is known as the Opera House Lofts. Approximate remodel costs- $200, Complete renovation of 146 W. Pine into 3, Very Modern, Upstairs/downstairs condos with New Orleans style balconies. Approximate Renovation Costs- $600, Cross-Eyed Cricket and building next to it- Our plan is to build out an entire Family Entertainment Center complex both indoor/outdoor. This will include sand volleyball,

30 batting cages, laser tag fields, zip lines, amphitheater, pickle ball courts, video games, miniature golf, skeeball, and lots of other attractions on the full 4 acres. It was suggested to us to include all of these projects to assure these committees that we are fully committed to investing our time and money into these properties and businesses to improve areas in Warrensburg. We believe in bringing modern designs and new trends in both entertainments and foods and drinks that give both the community, UCM student body, Whiteman Air Force base and outside visitors a variety of reasons to visit Warrensburg. We have met and spoken with the Historic Preservation department in Jefferson City. They have done a scope of work for the City of Warrensburg. I hope I do not translate what we have been told incorrectly, but I will share with you how we understood it. Our property at 146 W. Pine did not qualify for state or national historic tax credits due to the blighted condition of the half block it is located. From the alley where the business known as Bodee s to the corner where our building is located is the area they are referring. This half block, if I understood correctly, was stated as Blighted and in need of great repair to ever qualify for any tax credits. We believe this is the only half block in the entire business district that was cited as this. We have completely gutted this building down to trusses and brick walls and plan on remodeling both the interior and the exterior to some type of Period Correct design. We believe the outdoor balconies will be a very enticing addition to anyone wishing to purchase these units. We currently have military personnel wishing to work with us in designing their unit and allowing them to purchase this from us once completed. This would give at least 3 full-time family units in the business district to purchase any goods available from all of the establishments. The best example of residential being granted on the ground level is directly across the street in the Opera House lofts. They have consistently been rented for the past 13 years, which has added at least 45 full-time tenants in the business district. I have spoken to many of the business owners from carpet stores to furniture stores to bars and restaurants. They have consistently benefitted from having these full-time tenants in the area and have also employed many of these tenants. We believe the addition of the 3 units we are proposing at 146 W. Pine will produce the same. We have also discussed with local real estate agents the amount of available buildings today in the business district. There are many available buildings with many thousands of square feet in the business district that are currently available for sale or lease. Unlike some of our other buildings which produce sales tax dollars, there are also a great number of buildings in the central business district that house attorneys, accountants and many other non-sales tax paying businesses. There is ample room for any new business who wishes to come to Warrensburg and find a retail space.

31 We are asking you to approve our request and allow us to improve this building at 146 W. Pine. When done correctly, which we will do, all parties involved will benefit from this renovation of this building. Sincerely, Chris Smith and Harry Singer