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: July 9, 2018 Re: Vacation Petition #A-2018-3 GENERAL INFORMATION Applicant: Rezek Muslet Status of Applicant: Representative Wil Anderson of BHC Rhodes 710 State Avenue Kansas City, KS 66101 Requested Action: Approval to vacate alley Date of Application: April 27, 2018 Purpose: To combine two parcels together for development Property Location: 609 Central Avenue #A-2018-3 July 9, 2018 1
Commission Districts: 1. Commissioner At Large: Tom Burroughs 2. District Commissioner: Brian McKiernan Existing Zoning: C-3 Commercial District Existing Surrounding Zoning: North: C-3 Commercial District South: R-1(B) Single Family District East: C-3 Commercial District West: C-3 Commercial District Existing Uses: North: South: East: West: Vacant land Single family home Vacant land Restaurant (under construction) Neighborhood Characteristics: The character of the neighborhood is comprised of commercial businesses and vacant land along Central Avenue, east of 7 th Street Trafficway and single-family homes behind the east-west alley between 7 th Street and Tremont Street. Total Tract Size:.023 acre Master Plan Designation: The City-Wide Master Plan designates this property as Community Commercial. Major Street Plan: The Major Street Plan classifies Central Avenue as a Class B Thoroughfare Advertisement: Wyandotte Echo May 17, 2018 Letters to Property Owners May 17, 2018 and June 13, 2018 Public Hearing: July 9, 2018 Public Opposition: One (1) neighbor was present at the March 14, 2016 and May 9, 2016 City Planning Commission meetings. PROPOSAL Detailed Outline of Requested Action: The representative, Wil Anderson of BHC Rhodes on behalf of the applicant, Rezek Muslet wants to vacate a portion of the alley in between 609 Central Avenue and 631 Central Avenue to connect adjoining properties to continue construction of two (2) commercial retail buildings. City Ordinance Requirements: Article XXI Sections 27-502 27-709 and K.S.A. 12-504 to 12-506 and 12-512b. #A-2018-3 July 9, 2018 2
FACTORS TO BE CONSIDERED 1. 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. Any future development can be used safely without danger to health, or peril from fire, flood, erosion, excessive noise or other adversity. 2. 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 d. Police e. Fire To be designed to meet City Code Police service provided by the East Patrol, District #115 Fire service provided by Station #9 located at 11 th and Central Avenue f. Transit Kansas City ATA provides transit service at the intersection of 7 th Street Trafficway and Central Avenue, Route #102 as well as the intersection of 6 th Street and Central Avenue, Route #107. g. Schools Kansas City, Kansas USD 500 3. 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 already designed as to provide a safe, convenient and #A-2018-3 July 9, 2018 3
functional system for vehicular traffic and having such width, gradient, location and structural quality as to accommodate prospective traffic as determined by existing and probably future land and building uses. 4. 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. Any proposed buildings, lots and streets will be so arranged as to afford adequate light, open space or air, to facilitate fire protection, and to provide for long-term real estate values. 5. Development patterns are designed with due regard to topography, so that the natural features of the land and vegetation shall be protected and enhanced. Not applicable. 6. 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. Not applicable. 7. Vacation will not create utility conflicts. KEY ISSUES None PREVIOUS ACTIONS The proposed vacation will not create utility conflicts. #A-2012-4 went before the City Planning Commission on May 14, 2012 and was voted for denial 6 to 1. The abutting property owner, Mr. Chris Kuzila objected to the application and as an abutting property owner, his opinion on the matter was heavily weighted. That proposal involved a vacation of the entire alley. The current proposal only involves a portion of the alley. #A-2016-7 went before the City Planning Commission on July 11, 2016 and was voted for denial 5 to 1. The Unified Government Board of Commissioners denied the petition on July 28, 2018. #A-2018-3 July 9, 2018 4
STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Subject to approval, a $50.00 ordinance publication fee is due immediately following the Board of Commissioners meeting. The alley will not be officially vacated until the ordinance is published in the Wyandotte Echo. Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None B) Items that are conditions of approval (stipulations): 1) The related commercial development project is currently in review with the UG s DRC process, i.e., project number DRC 17300-00534. After the alley vacation approval by UG staff and Planning Commission, all engineering drawings of the DRC project shall be updated to address all previously issued comments. 2) The County Surveyor makes separate technical review of the vacation and survey exhibit documents and submits comments directly to the preparer of the survey. Provide revised vacation and survey exhibit documents in accordance with County Surveyor comments. 3) 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 UPDATE July 9, 2018: On June 11, 2018, the applicant s representative, Wil Anderson with BHC Rhodes asked for the petition to be held over to receive a legal opinion regarding the alley vacation and adjacent property ownership. STAFF RECOMMENDATIONS 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 recommends APPROVAL of Vacation Petition #A-2018-3 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Vacation Exhibit #A-2018-3 July 9, 2018 5
REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing June 11, 2018 July 26, 2018 Vacation Held Over STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org MOTIONS I move the Kansas City, Kansas City Planning Commission recommend APPROVAL of Petition #A-2018-3 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 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 #A-2018-3, to the Unified Government Board of Commissioners as they are 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. #A-2018-3 July 9, 2018 6
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