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Planning and Urban Design

701 North 7th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning

To: Board of Zoning Appeals From: Planning and Urban Design Staff Date: August 10, 2020 Re: Petition #2382 GENERAL INFORMATION Applicant: Ryan Denk Status of Applicant: Representative MVP Law 10 East Cambridge Circle Drive, Suite 300 Kansas City, KS 66103 Requested Action: Approval of a variance to build a small retail development as proposed. Date of Application: May 26, 2020 Purpose: This petition has been filed to appeal the determination of the Director of Planning’s interpretation that compliance with the K-7 Corridor Study and Access Management Plan cannot be eliminated when seeking a Master Plan Amendment.

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Property Location: 13742 Polfer Road Commission Districts: Commissioner At Large: Melissa Bynum

District Commissioner: Michael (Mike) Kane Existing Zoning: A-G Agriculture District (WYCO) Adjacent Zoning: North: A-G Agriculture District (WYCO)

South: CP-2 Planned General Business District (WYCO) East: R Rural Residential District (WYCO) West: None (K-7 Highway)

Adjacent Uses: North: Wyandotte County Fairgrounds South: Gas station East: Undeveloped land

West: K-7 Highway right-of-way Neighborhood Characteristics: The character of the neighborhood is comprised of a gas station to the south, Wyandotte County Fairgrounds to the north and single-family homes to the southeast of this property. Total Tract Size: 3.11 Acres Master Plan Designation: The Prairie Delaware Piper Master Plan designates this

property as Small Planned Commercial District. Major Street Plan: The Major Street Plan classifies K-7 Highway as a Freeway

and Expressway and Polfer Road as a Class C Thoroughfare.

Required Parking: Not applicable. Advertisement: Property Owners Letters – July 16, 2020 Wyandotte Echo – July 16, 2020 Public Hearing: August 10, 2020 Public Opposition: None to date. Public Support: None to date. STATUTORY REQUIREMENTS/FACTORS TO BE CONSIDERED

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1. The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and which is not created by an action or actions of the property owner or the applicant.

The variance arises from such condition that is not unique to the as there have been two (2) development projects along the K-7 Corridor that had to incorporate the K-7 Corridor Study and Access Management Plan into their plans. The Acres at Piper, a four (4) lot residential subdivision at K-7 and Marxen Road dedicated right-of-way along Marxen Road and a proposed Collector Road (named North 137th Street). Family Tree Nursery, a commercial greenhouse at K-7 and Donahoo Road dedicated right-of-way along K-7 as stated in the Management Plan.

2. The granting of the permit for the variance will not adversely affect the

rights of adjacent property owners or residents.

Approving this interpretation will not adversely affect the rights of adjacent property owners as there is a gas station across the street, south of the property in question.

3. The strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

If the request is denied, the applicant will have to alter his development plans to fit within the boundaries of the site. This is a self-imposed hardship as the applicant does not want to build in accordance with the Corridor Study and Access Management Plan.

4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

The variance desired will not adversely affect the safety, morals, order, convenience, prosperity, or general welfare because there is an existing gas station south of this property on Polfer Road; however, the public health could be affected because the original proposal for an on-site wastewater treatment system was unacceptable to the Health Department.

5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning ordinance.

The granting of the variance desired is opposed to the general spirit and intent of the zoning ordinance as the Prairie Delaware Piper Master Plan specifically references the K-7 Corridor Access Management Plan as an ongoing study that was in development even though it was approved after the Prairie Delaware

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Piper Master Plan adoption in 2004. It states property owners along K-7 should review the Corridor Management Plan to understand how future improvements may impact future development. Because the Corridor Plan is referenced in the Master Plan, the proposed site plan must include right-of-way that is proposed in the plan.

PREVIOUS ACTIONS The applicant previously applied for a Change of Zone in January 2020 from A-G Agriculture District (WYCO) to CP-2 Planned General Business District to build a 4,000 square foot convenience store, 1,500 square foot liquor store, 8 gas pumps and a car wash. NEIGHBORHOOD MEETING Not required for a Director’s interpretation STAFF COMMENTS AND SUGGESTIONS Planning and Urban Design Comments:

1. The 2004 Prairie Delaware Piper Master Plan states that KDOT completed a major study for the K-7 Corridor through Leavenworth, Wyandotte and Johnson Counties. A major recommendation of this study is to transform K-7 into a limited-access high-mobility corridor. The plan recommends interchanges every two miles. These interchanges will occur at Parallel Parkway, Donahoo Road and Polfer Road. These recommendations will have profound impacts upon the transportation network and future land use within the Prairie Delaware Piper area. A new frontage road should be constructed to provide properties access to K-7 in between the interchange areas. The 2008 City-Wide Master Plan specifically references the 2006 K-7 Corridor Access Management Plan because it was approved after the adoption of the 2004 Prairie Delaware Piper Master Plan. The City-Wide Master Plan states property owners along K-7 should review the Corridor Management Plan (“Corridor Plan”) to understand how future improvements may impact future development. Because the Corridor Plan is referenced in the both Master Plans, the proposed site plan must include right-of-way that in proposed therein.

2. Planning Staff denied the hearing of the Master Plan Amendment application as it requested to effectively remove one parcel from the Prairie Delaware Piper Master Plan area, specifically its adherence/consideration to the access easements in the K-7 Corridor Plan.

Planning Engineering Comments:

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A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None.

B) Items that are conditions of approval: 1) None.

C) Comments that are not critical to engineering’s recommendations for this specific submittal, but may be helpful in preparing future documents: 1) None.

STAFF RECOMMENDATION

Staff recommends that the Board of Zoning Appeals DENY Case #2382 subject to all comments and suggestions outlined in this staff report, including the below summary:

1) Both the 2004 Prairie Delaware Piper and the 2008 City-Wide Master Plans makes specific reference to the 2006 K-7 Corridor Access Management Plan. Incorporating the Corridor Plan into the development plans is not a unique request as two (2) development proposals along the K-7 Highway dedicated right-of-way in their site plans and plats. The two projects were Family Tree Nursery at K-7 Highway and Donahoo Road and The Acres at Piper, four (4) large residential lots at K-7 Highway and Marxen Road.

When a Master Plan Amendment is sought by an applicant, it is a request change to the future land use designation, not the use of the property itself. Any proposed use must fit within a fixed land use designation category of the approved Master Plan.

ATTACHMENTS Statement for Basis of Appeal Planning Director Hand’s Letter of Interpretation Boundary Survey K-7 Corridor Study and Access Management Plan between Donahoo Road and Polfer Road Exhibit K-7 Corridor Study and Access Management Plan Donahoo Road Exhibit Site Photographs dated July 14, 2020 taken by Planning Staff REVIEW OF INFORMATION AND SCHEDULE Action Board of Zoning Appeals Public Hearing August 10, 2020 Appeal STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org

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MOTIONS I move the Board of Zoning Appeals DENY Case #2382, as it is not in compliance with the City Ordinances as it will not promote the public health, safety and general welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. OR I move the Board of Zoning Appeals APPROVE Case #2382 as meeting all the requirements of the City code and being in the interest of the public health, safety and general 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: 1._________________________________________________________; 2. _____________________________________________________; And 3. ________________________________________________________.

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Figure 1. Site photograph of 13742 Polfer Road looking northeast from K-7 & Polfer Road intersection (provided by Planning Staff).

Figure 2. Site photograph of 13742 Polfer Road looking northwest (provided by Planning Staff).

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Figure 3. Site photograph of 13742 Polfer Road looking north (provided by Planning Staff).