Department: Public Works, Planning Division
Staff Contact: Aimee Nassif, Chief Planning and Development Officer
Subject: RZ19-0006: Rezoning from CTY PEC-3 and M-2 to C-3 Applicant: Brandon Becker, Builders Stone
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Item Description:
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Consideration of Ordinance No. 19-50, RZ19-0006, requesting approval for a rezoning from CTY PEC-3 and M-2 to C-3 and preliminary development plan for Builders Stone on 17.35± acres; located west of Kansas City Road and north of 119th Street.
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Summary:
This rezoning petition was originally before the City Council on October 15, 2019. During that meeting, discussion was held regarding the potential for this 17 acre tract to be zoned C-3 district as an alternative to the original request for M-2 zoning on Lot 2, and C-3 zoning on the remaining site. After hearing from both the applicant and staff, City Council directed staff to complete a full review of the preliminary plan under both M-2 and C-3 zoning for Lot 2 and to continue discussions with the applicant to confirm that the applicant’s business, Builders Stone, can operate in C-3 zoning.
Staff has completed this collaborative effort and finds that C-3 zoning is appropriate for this area. The associated preliminary plan has been revised by the applicant and with the associated stipulations, meets all Unified Development Ordinance (UDO) requirements and goals for development. Builders Stone can operate fully at this location if approved under a C-3 district zoning with the ordinance and plan presented.
M-2 and C-3 ZONING:
Both the M-2 district and C-3 district have their own distinctive set of permitted land uses and regulations for items such as setbacks and landscape buffers. However, site design standards for amenity areas, building design, and composite standards are determined by the location of the site as identified in the Comprehensive Plan, not the zoning district. Staff met with the applicant and had ongoing collaboration on plan revisions and updates to meet all code requirements, since the last meeting. The plan presented this evening with associated stipulations now meets all UDO standards. These stipulations have been drafted in the same manner as with all zoning cases and shared with the applicant.
The applicant has advised staff that they are amenable to the prepared zoning and development plan stipulations, except for zoning stipulation number 2 pertaining to screening of the outdoor area on Lot 2. Staff has prepared the stipulation for screening on all three (3) sides with a masonry wall and mix of landscaping which meets the City requirement for screening of outdoor storage areas per UDO 18.30.130. The applicant is requesting this stipulation be amended to allow a wrought iron fence to be used instead of a masonry wall on the north and south sides of the storage area.
Land uses were also thoroughly reviewed with the applicant, and the Builder’s Stone business is categorized as “Building Materials Sales and Storage” in the C-3 District. This land use allows full operation of Builders Stone as it currently operates today.
PRELIMINARY PLAN ANALYSIS:
As requested, below is an analysis of the plan review performed by staff.
The subject property is located in the Urban Mixed-Use Center designation on the future land use map and is therefore subject to the standards of Building Design Category C, the highest quality standards for architecture in the City. Architectural elevations have only been submitted for Lot 2 at this time. As the applicant does not have tenants secured for Lots 1, 3, or 4, staff has added a stipulation that at the time of final development plan for those lots, architecture elevations will be submitted for review before the Planning Commission and City Council. This is the same process afforded to other developers who have not had concept drawings prepared for all lots during zoning or those who will be developing in phases.
Full architectural drawings have been submitted for Lot 2 of the development, and a complete review of this building’s architecture can be found below. On this building, the east and south façades are primary façades and the north and west façades are secondary façades.
The following building design requirements apply to all development in accordance with Building Design Category C. The revised plan meets all the following requirements:
1. Horizontal articulation is provided with the use of wall offsets and projections.
2. Vertical articulation is achieved on primary façades of the building with variations in height of greater than 4 feet at a greater frequency than required by the UDO.
3. A focal point element is included on the southeastern portion of the building.
4. Façade expression is provided with the inclusion of canopies, awnings and other vertical expression.
5. An entry element is provided at the ground floor of the primary façades.
The proposed building exceeds the minimum building material requirements for the primary and secondary façades. For primary façades of buildings subject to Building Design Category C, Category 1 materials are required on a minimum of 80% of the façade, while secondary façades require a minimum of 60% Category 1 materials. Category 1 materials proposed for the building include architectural masonry units, face brick, cultured stone, and transparent glass, while Category 2 materials are EIFS and architectural metal. The table below depicts the amount of each material that is proposed to be used on each façade.
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MINIMUM UDO REQUIREMENTS |
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Primary Façades |
Category 1 Materials (80% min.) |
Category 2 Materials (20% max.) |
Glass (30% min.) |
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East Façade |
85% |
15% |
35% |
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South Façade |
80% |
20% |
30% |
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Secondary Façades |
Category 1 Materials (60% min.) |
Category 2 Materials (40% max.) |
Glass (no minimum requirement) |
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North Façade |
61% |
39% |
20% |
|
West Façade |
60% |
40% |
5% |
Landscaping and Amenity Space
The subject property is located in the Urban Mixed-Use Center designation on the future land use map, and is therefore subject to the standards of Site Design Category 3, the highest quality standards for site layout in the City. For development greater than 4 acres in size subject to Site Design Category 3, outdoor amenity spaces are required on 10% of the total site area, which is the same requirement as other developments subject to Site Design Category 3. As the overall site is 17.35± acres, a total of 1.73± acres of amenity space is required throughout the development. Throughout the development, the revised plans show locations for common greens, natural areas, walking paths, and picnic areas totaling 1.82± acres, exceeding the minimum requirement.
The revised plans also show buffers meeting UDO requirements between lots within the development, as well as foundation landscaping, parking lot landscaping, and plantings adjacent to sidewalks meeting UDO requirements. Existing vegetation will remain along the west side and south side of Lot 2, adjacent to the Kansas City Road and 119th Street ramp.
Pedestrian connections are required in development subject to Site Design Category 3, and the revised plans show connections meeting UDO requirements. Cross-property connections are provided between each lot, and the internal sidewalk network connects to a new sidewalk that will be provided along E. Kansas City Road, along the frontage of the property. A pedestrian walking path has also been provided throughout the development and ties into the common green areas as part of the amenities.
Attached is a copy of the preliminary plan and ordinance for this site to change the zoning to C-3 District. Zoning to a C-3 District is amenable to the applicant, adheres to the vision and guidelines established in the City’s Comprehensive Plan (PlanOlathe) as well as meeting the zoning analysis criteria (which includes those known as the Golden Criteria) established in the UDO. A link to the previous City Council meeting packet from October 15, 2019 is provided here for you: <https://bit.ly/33kdGe0>
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Financial Impact:
None.
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Action Needed:
1. Approve Ordinance 19-50, rezoning the subject property from CTY PEC-3 and M-2 Districts to C-3 District (5 positive votes required to overturn a recommendation of denial by the Planning Commission); or
2. Concur with the Planning Commission and deny the request for rezoning from CTY PEC-3 and M-2 to C-3 and M-2 Districts as recommended by the Planning Commission (majority vote of the Councilmembers present required); or
3. Return the rezoning application to the Planning Commission for further consideration with a statement specifying the basis for the Governing Body’s failure to approve or disapprove (majority vote of the Councilmembers present required).
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Attachment(s):
A. Revised Preliminary Plan
B. Ordinance No 19-50