COZ2021-014 July 1, 2021 1

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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: Unified Government Board of Commissioners

From: Planning and Urban Design Staff

Date: July 1, 2021

Re: COZ2021-014

GENERAL INFORMATION

Applicant:Mayra Elizando

Status of Applicant: RepresentativePNP Investments16102 West 156th TerraceOlathe, KS 66062

Requested Actions:Approval of a Change of Zone.

Date of Application:April 16, 2021

Purpose:To change the zoning district from R-1(B) Single Family District to R-2(B) Two Family District.

Property Location:88 South 7th Street TrafficwayKansas City, Kansas 66101

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Commission Districts: Commissioner At Large: Tom BurroughsDistrict #2 Commissioner: Brian McKiernan

Existing Zoning: R-1(B) Single-Family District

Adjacent Zoning: North: R-1(B) Single Family DistrictSouth: R-1(B) Single Family DistrictEast: C-3 Commercial DistrictWest: R-1(B) Single Family District

Adjacent Uses: North: Single-family residence South: Single-family residence East: Single-family residence

West: Single-family residence

Total Tract Size: 0.90 Acre

Master Plan Area: The subject property is within the Central Area Master Plan.

Master Plan Designation: The Central Master Plan designates this property as Urban Density. The Urban Density land use designation allows a mix of detached and attached residences, including single-family houses, townhomes, duplexes, triplexes, and fourplexes. Allowed non-residential uses includes schools, places of worship, and libraries.

Major Street Plan: The Major Street Plan designates South 7th Street Trafficway as a Class B Thoroughfare.

Required Parking: R-1(B) District (current zoning): Section 27-455(d) requires two (2) off-street parking spaces on the premises for each single-family dwelling.

R-2(B) District (proposed zoning): Section 27-457(d) requires one (1) parking space for each dwelling unit on the premises. There is no on-site parking available on the property.

Advertisement: The Wyandotte Echo – May 20, 2021Letters to Property Owners – May 21, 2021 and June 25, 2021

Public Hearings: June 14, 2021 and July 1, 2021

Public Support: None to date.

Public Opposition: None to date.

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PROPOSAL

Detailed Outline of Requested Action: The applicant, Mayra Elizondo with PNP Investments, is requesting a Change of Zone at 88 South 7th Street Trafficway from R-1(B) Single Family District to R-2(B) Two Family District. The Change of Zone is being requested in order to reflect the current, legally non-conforming use of the property.

City Ordinance Requirements: Article VI, Sections 27-196 – 27-216

Code Enforcement History: There are no outstanding Notices of Violation attached to this property. The subject property has not been previously cited by Property Maintenance Compliance.

FACTORS TO BE CONSIDERED

1. The character of the neighborhood.

The subject property is within the Riverview Statistical Neighborhood and is within the St. Joseph Watchdogs Neighborhood Group. The properties along South 7th Street Trafficway are a mix of commercial businesses and residences on small lots, typically one-tenth (0.1)-acre or less. Small residential lots are characteristic of the neighborhood to the west of the subject property. This neighborhood is one of the oldest in Kansas City—the residence on the subject property itself was constructed in 1890. Legal non-conforming uses are more common in older neighborhoods, due to the greater timeframe over which uses, building codes, and setbacks can change.

2. The zoning and uses of properties nearby and the proposed use’s expected compatibility with them.

The subject property is surrounded by parcels zoned in the R-1(B) District. The proposed use—a two-family residence—is still likewise residential. The subject property has legal non-conforming use status, which has allowed the property to operate as a two-family residence for years. In fact, the design of the building indicates that it was built to be a duplex 131 years ago. Although Staff has not yet confirmed that the property has been used as a duplex for its entire history, it has proven compatible with the surrounding properties so far.

3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property?

The subject property has likely always existed as a two-family residence. Therefore, the restrictions of the R-1(B) District may have never applied, and therefore have effectively already been removed. There are no signs of previous or current incompatibility between the subject property and the single-family residences around it.

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4. The length of time the property has remained vacant as zoned.

It is unclear if the property is currently occupied.

5. The extent to which the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality or marketability of nearby property.

Permitting the subject property’s current use, which is allowed by the property’s legal non-conforming use status, will have a positive effect on the housing situation within Kansas City and Wyandotte County. While it may not be reasonably necessary to select this particular property or neighborhood for two-family residences, it is certainly reasonable to allow a use to continue as it was built to be and has been for years, provided that use itself is similar to the surrounding uses and has not caused issues with the surrounding allowed uses. Staff would like to note that any potential or previous problem with renters is not an issue of compatible use with the neighboring properties, as rental units are already allowed to operate in single-family districts, so long as there is a current rental license for the property.

6. The extent to which the proposed use would increase the traffic or parking demand in ways that would adversely affect road capacity, safety, or create parking problems.

The subject property is currently being used as a two-family residence. There will be no increase in use or number of units, so therefore no increase in the traffic or parking demand in ways that would adversely affect road capacity, safety, or create parking problems. There is currently no off-street parking provided on the property and a parking variance must be applied for in conjunction with this change of zone request.

7. The degree of conformance of the proposed use to the Master Plan.

The Central Area Master Plan designates this property as Urban Residential. The Urban Density land use designation allows a mix of detached and attached residences, including single-family houses, townhomes, duplexes, triplexes, and fourplexes. A Change of Zone to the R-2(B) Two Family District allows for a multi-family residence to continue legally operating in the neighborhood. A duplex is anticipated and allowed by the Central Area Master Plan to exist under the Urban Density land use designation. Therefore, the proposed use conforms with the Central Area Master Plan.

8. The extent to which the proposed use could cause environmental harm or enhance the environment.

The residence is pre-existing; the applicant is not purposing any more development at this time. Therefore, the proposed use will not cause any

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increased environmental harm. In fact, allowing the property to continue to be used as a duplex may prevent further environmental harm elsewhere by providing another housing unit that would otherwise be built on previously undeveloped land.

9. The extent to which utilities and public services are available and adequate to serve the proposed use.

a. Water service

Water service is provided by BPU.

b. Sanitary sewer service

Sanitary sewer mains are in front of the subject property on South 7th Street Trafficway and in the rear of the subject in the alley.

c. Storm water control

Storm water mains are located across the South 7th Street Trafficway, on a public right-of-way.

d. Police

Police service is provided by East District, #115.

e. Fire

Fire service is provided by Fire Station #3.

f. Transit

The property is approximately one (1) block north of the 7th & Pacific stops along the 7th Street/Parallel (107) bus route.

g. Schools

Public education is provided by Whittier Elementary School, Central Middle School, and Wyandotte High School, under Kansas City USD 500.

h. Streets

The property is accessible by South 7th Street Trafficway, as well as alley access directly to the west and south.

10.The economic impact of the proposed use on the community.

While the Change of Zone will not increase the housing supply within Kansas City and Wyandotte County, it will not have the effect of decreasing the housing

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supply either, which would be the end result if the property were to lose its legal non-conforming use status. A reduction in housing choice, especially housing choice other than detached, single-family structures, is vital to attracting and keeping residents in Kansas City and Wyandotte County. Rezoning a property to allow for a legally existing use will maintain the number of housing units available, which will avoid a potential detrimental economic impact if a housing unit is lost.

11.The capability of the proposed use to meet applicable ordinance requirements.

The property appears to not be in compliance with the R-2(B) District parking requirements, which requires at least one (1) parking spaces for each dwelling unit be provided. Section 27-456(d), parking regulations for the R-2 District, provides specifications for on-site parking spaces. The applicant must provide a parking plan demonstrating two (2) on-site parking spaces in compliance with Section 27-456(d). Presently the subject property does not meet the parking standards for the current or proposed zoning district.

12.The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners.

Allowing for a Change or Zone will prevent any potential future loss of the legal non-conforming use of the subject property, which in turn would result in hardship on the property owner by reducing one (1) unit in the residence, and a cause a reduction in the local housing stock. Furthermore, even under the legal non-conforming use status, the current property owner has been prevented by the Rental Licensing Division from renewing the rental license for the property due to the incongruity between the district zoning and the property’s use. The historic and ongoing use of this property as a duplex shows that no additional hardships will be imposed on the neighboring landowners, and in fact loss of the two-family unit use would be detrimental to the public welfare as it would reduce the local housing stock.

PREVIOUS ACTIONS

N/A

NEIGHBORHOOD MEETING

The applicant received comments via emails and phone calls through June 1, 2021. Attached is the list of persons who attended the meeting, minutes, affidavit and/or submitted comments to the applicant (see the “Attachments” section of this report).

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KEY ISSUES

Land Use CompatibilityParking SpacesSpot ZoningUtility Hookups

PLANNING COMMISSION RECOMMENDATION

The Planning Commission voted 7 to 0 to recommend APPROVAL of Change of Zone Application COZ2021-014, subject to:

1) The designated parking area in the rear yard must be paved. Parking plan has been received and can be found in the “Attachments” section of this report. The applicant must provide a revised parking plan demonstrating the dimensions of the parking spaces and the distance of the parking spaces from the rear property boundary line;

2) Per Section 27-609(a), the applicant and the subject property must comply with the following requirements:

a. All parking and maneuvering areas on the property shall be graded and surfaced with a permanent bituminous or concrete pavement. The minimum such surface shall be two inches of asphalt over six inches of compacted gravel. The unified government engineer shall determine acceptable alternatives;

b. All parking spaces shall be clearly marked.;c. All improvements shall be designed and constructed as necessary to

prevent dust, erosion, excessive water flow across streets or adjoining property, and to control traffic; and,

d. Failure to keep such areas in satisfactory condition that is free from holes, clearly delineated, etc. shall constitute a violation of this article;

3) Per Section 27-609(b)(1), parking, loading and maneuvering areas for new single-family residences or for replacement or expansion of existing asphalt or concrete areas shall be improved with a permanent asphalt or concrete pavement to the standards set out in subsection (a) of this section;

4) Per Section 27-609(b)(3), existing single-family dwellings may have a driveway ten feet in width or less extending directly from the street or alley to the house if there is no garage, or to the rear yard, can be paved in its entirety, or as continuous concrete wheel paths, or improved in its entirety with a minimum four-inch depth of gravel or its equivalent. Any other parking, loading, or maneuvering areas must be paved with a minimum of two inches of asphalt over six inches of compacted gravel or its equivalent, as subject to the provisions of subsection (a) of this section. If the parking, loading or maneuvering area is in the rear yard it may be improved with a minimum four-inch depth of gravel so long as it includes less than 40 percent of the rear yard and less than 1,000 square feet in area;

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5) If continued to be used as a rental property, the applicant must keep a current annual Business License/Occupation Tax Receipt and Kansas State Lodging Tax;

6) The applicant will complete all improvements within six (6) months; and,7) Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper.

STAFF COMMENTS AND SUGGESTIONS

Staff concurs with the recommendation of the City Planning Commission,

STAFF RECOMMENDATION

Staff recommends that the Board of Commissioners make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommends APPROVAL of COZ2021-014, subject to all comments and suggestions outlined in this staff report, and the conditions of the City Planning Commission.

ATTACHMENTS

June 14, 2021 City Planning Commission MinutesLand Use MapAerial MapZoning MapPhotos of the Property Provided by Staff, Dated May 23, 2021Photos of the Property Submitted by the ApplicantFloor Plan Provided by the ApplicantParking Plan Submitted by the ApplicantAdditional Information Provided by the ApplicantNeighborhood Meeting Materials, Dated June 1, 2021

REVIEW OF INFORMATION AND SCHEDULE

Action Planning Commission Board of Commissioners Public HearingChange of Zone June 14, 2021 July 1, 2021

Approval

STAFF CONTACT: Michael Farleymfarley@wycokck.org

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MOTIONS

I move the Unified Government Board of Commissioners APPROVE Petition COZ2021-014 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:

1._________________________________________________________;

2. _____________________________________________________; And

3. ________________________________________________________.

OR

I move the Unified Government Board of Commissioners DENY Petition COZ2021-014, as it is not in compliance with the City Ordinances and as it will not promote the health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned.

June 14, 2021 City Planning Commission Minutes:

Hearing starts at 2:02:58:

CHANGE OF ZONE APPLICATION COZ2021-014 – MAYRA ELIZONDO WITH PNP INVESTMENT - SYNOPSIS: Change of Zone from R-1(B) Single Family District to R-2(B) Two Family District for an existing duplex at 88 South 7th Street.

Detailed Outline of Requested Action: The applicant, Mayra Elizondo with PNP Investments, is requesting a Change of Zone at 88 South 7th Street Trafficway from R-1(B) Single Family District to R-2(B) Two Family District. The Change of Zone is being requested in order to reflect the current, legally non-conforming use of the property.City Ordinance Requirements: Article VI, Sections 27-196 – 27-216

Code Enforcement History: There are no outstanding Notices of Violation attached to this property. The subject property has not been previously cited by Property Maintenance Compliance.

The following items were included as part of the record for this case:1. The City’s currently adopted zoning and subdivision regulations; 2. The official zoning map for the area in question; 3. The City’s currently adopted Master Plan for the area in question; 4. The staff report and attachments dated June 14, 2021; 5. The application and other documents, plans, pictures and maps submitted by the

applicant in furtherance of the case and contained in the official file; 6. The Notice in the Wyandotte Echo; and

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7. The Notices to property owners.

Recording Secretary Parker asked if the Commission had any contact to disclose on this application. No one responded in the affirmative.

Present in Support:

Mayra Elizando, applicant, PNP Investments, 6730 Goodman Drive, Merriam, Kansas

Florency Winslow, owner of 88 South 7th Street Trafficway, Kansas City, Kansas

Present in Opposition:

No one appeared

Staff Recommendation starts at 2:08:03: Planning Director Hand stated that this is a legal non-conforming duplex, and the applicant is requesting rezoning from R-1(B) Single Family District to R-2(B) Two Family District. It is located in the Central Area Master Plan and is at the corner of a “T” alley. There is a significant grade change from east to west, so the alley is higher than 7th Street. The applicant has stated they can and will comply with the requirement for two (2) off-street parking spaces. Staff usually recommends giving the applicant six (6) months to make the improvements, which is not in the staff report. Based on the testimony this evening, and as there are no Notices of Violation, Staff recommends approval subject to the conditions in the staff report and the improvements are made within six (6) months.

Motion and Vote starts at 2:10:20:

On motion by Ms. Armstrong, seconded by Mrs. Jones, the Planning Commission voted as follows to recommend APPROVAL of Change of Zone Application COZ2021-014 Carson ChairmanArmstrong AyeCho Not PresentConnelly Aye Ernst AyeHuey Not PresentJones Aye Miller Aye Mohler Aye Pauley Not Present Reasons Aye Motion to RECOMMEND APPROVAL Passed: 7 to 0Subject to:

1) The designated parking area in the rear yard must be paved. Parking plan has been received and can be found in the “Attachments” section of this report. The applicant must provide a revised parking plan demonstrating the dimensions of the parking spaces and the distance of the parking spaces from the rear property boundary line;

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2) Per Section 27-609(a), the applicant and the subject property must comply with the following requirements:

a. All parking and maneuvering areas on the property shall be graded and surfaced with a permanent bituminous or concrete pavement. The minimum such surface shall be two inches of asphalt over six inches of compacted gravel. The unified government engineer shall determine acceptable alternatives;

b. All parking spaces shall be clearly marked.;c. All improvements shall be designed and constructed as necessary to

prevent dust, erosion, excessive water flow across streets or adjoining property, and to control traffic; and,

d. Failure to keep such areas in satisfactory condition that is free from holes, clearly delineated, etc. shall constitute a violation of this article;

3) Per Section 27-609(b)(1), parking, loading and maneuvering areas for new single-family residences or for replacement or expansion of existing asphalt or concrete areas shall be improved with a permanent asphalt or concrete pavement to the standards set out in subsection (a) of this section;

4) Per Section 27-609(b)(3), existing single-family dwellings may have a driveway ten feet in width or less extending directly from the street or alley to the house if there is no garage, or to the rear yard, can be paved in its entirety, or as continuous concrete wheel paths, or improved in its entirety with a minimum four-inch depth of gravel or its equivalent. Any other parking, loading, or maneuvering areas must be paved with a minimum of two inches of asphalt over six inches of compacted gravel or its equivalent, as subject to the provisions of subsection (a) of this section. If the parking, loading or maneuvering area is in the rear yard it may be improved with a minimum four-inch depth of gravel so long as it includes less than 40 percent of the rear yard and less than 1,000 square feet in area;

5) If continued to be used as a rental property, the applicant must keep a current annual Business License/Occupation Tax Receipt and Kansas State Lodging Tax;

6) The applicant will complete all improvements within six (6) months; and,7) Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper.

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LAND USE MAP

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AERIAL MAP

ZONING MAP

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PHOTOS OF THE PROPERTY PROVIDED BY STAFF, DATED MAY 23, 2021

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PHOTOS OF THE PROPERTY PROVIDED BY STAFF, DATED MAY 23, 2021, CONT.

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PHOTOS OF THE PROPERTY SUBMITTED BY THE APPLICANT

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PHOTOS OF THE PROPERTY SUBMITTED BY THE APPLICANT, CONT.

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FLOOR PLAN PROVIDED BY THE APPLICANT

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FLOOR PLAN PROVIDED BY THE APPLICANT, CONT.

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PARKING PLAN SUBMITTED BY THE APPLICANT

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ADDITIONAL INFORMATION PROVIDED BY THE APPLICANT

NEIGHBORHOOD MEETING MATERIALS, DATED JUNE 1, 2021