COUNCIL ACTION FORM Meeting Date: June 11, 2015 Staff Contact: Fred Sherman, City Clerk

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1 COUNCIL ACTION FORM Meeting Date: June 11, 2015 Staff Contact: Fred Sherman, City Clerk Agenda Item: Consider passing an ordinance to approve a special use permit request (SUP to allow for the temporary use of the existing parking lot located at 2809 W. 47th Street Background / Description of Item: The Westwood Municipal Code lists Temporary use of land for commercial or industrial purposes ( ) and off-street parking lots or structures of a temporary or permanent nature ( ) as a special use. Special Use Permits may apply to any district and may be governed with regard to operations, site development, signs, and time limit, as the Planning Commission deems necessary in order to ensure that such use will not seriously interfere with the current or approved uses of neighboring properties. In 2014, staff from Midwest Transplant utilized up to 40 of the existing parking spaces at the 2809 W. 47th property during weekday business hours for temporary off-site parking while the Westwood Towers office building and parking area, located at 1900 W. 47th Place at the northwest corner of 47th Place and State Line Road was under construction being renovated. An initial Special Use Permit was granted for this temporary use of the existing parking lot. No concerns or issues was documented as a result of Midwest Transplant Network staff parking at this subject property in Offices for Google Fiber staff are located directly north across the street of this subject property at 2812 W. 47th Avenue in Kansas City, Kansas. This request is to allow a continuation of Food Industry Services, Inc., the property owner, to lease-out the use of several on-site parking spaces but now for Google Fiber staff. Information on the number of on-site spaces to be utilized by Google Fiber has not been provided. Planning Commission Recommendation / Action: The Westwood Planning Commission considered this item at a public hearing on May 4, No one from the public addressed the commission. Several commission member noted that they believed this was a new application, not renewal of an existing SUP, as the user of the parking was different, and that the old SUP had expired. The Planning Commission voted 4 to 2 to recommend approval of this Special Use Permit request for a one (1) year period of time. Staff Recommendation: Staff recommends that the City Council accept the Planning Commission s recommendation for approval and pass Ordinance No. approving Special Use Permit No. SUP for Retail Grocer s Association temporary parking for Google Fiber, located at 2809 W. 47th Street for a one-year period of time with no stipulations.

2 ORDINANCE NO. AN ORDINANCE RELATING TO ZONING: AUTHORIZING A SPECIAL USE PERMIT FOR CERTAIN PROPERTY, UNDER THE AUTHORITY GRANTED BY THE WESTWOOD, KANSAS ZONING ORDINANCE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WESTWOOD, KANSAS: SECTION ONE: That having received a recommendation from the Planning Commission, and proper notice having been given and public hearing held on November 4, 2013 as provided by law and under the authority of and subject to the provisions of the Westwood, Kansas Zoning Ordinance, a Special Use Permit is issued on lands legally described as follows: The West two (2) acres of the following described five-acre tract: Beginning at the Northeast corner of the West Half of the Northeast Quarter of Section 3, Township 12, Range 25, in the City of Westwood, Johnson County, Kansas, thence South along the East line of said half quarter section feet to a point, thence West feet to a point which is feet North of the South line of said quarter section, thence North feet to a point on the North line and feet West of the Northeast corner of West one half of said quarter section, thence East feet to the beginning, EXCEPT the north 35 feet thereof in 47 th Street. SPECIAL USE PERMIT NO Retail Grocer s Association temporary parking for Google, located at 2809 W. 47th Street for a one-year period of time with no stipulations. SECTION TWO: That upon taking effect of this Ordinance, the above special use permit shall be incorporated as part of the Zoning Ordinance as amended. SECTION THREE: This Ordinance shall take effect and be in force for one year from and after its passage, approval, and publication in the official city newspaper. PASSED and APPROVED on this 11th day of June, 2015 ATTEST: John M. Yé, Mayor Frederick L. Sherman, City Clerk APPROVED AS TO FORM: Ryan B. Denk, City Attorney

3 MINUTES OF THE WESTWOOD PLANNING COMMISSION MAY 4, :00 p.m. The meeting was called to order and roll was taken with the following Commissioners present: Rob Junk, Chris Ross, Ken Low, David Waters, Kevin Breer, and Tony Atchity. Fred Sherman was absent. The City attorney arrived at 7:15 p.m. Staff member John Sullivan attended. SUP Retail Grocers Chairman Junk summarized the staff report, which recommended approval of the matter. Commissioner Waters stated that he believed this was a new application, not renewal of an existing SUP, as the user of the parking was different. Commissioner Breer agreed that the old application had expired. The consensus was that the application could not be renewed on an expired SUP. Commissioner Ross spoke on the impact this SUP would have on the 47 th Street Corridor, stating that the highest and best use needs to be considered, also stating that temporary parking does not benefit development of the City. Commissioner Ross also stated that he has a problem with the application on its merits. Public hearing was opened on the matter, but there were no comments. The public hearing was closed. Commissioner Low noted that the property is already a parking lot. Discussion was held on the number of spaces that would be used. Commissioner Atchity moved to approve the application for 1 year; Commissioner Waters seconded; the motioned passed by a vote of 4-2, with Commissioners Low, Waters, Breer and Atchity for and Commissioners Junk and Ross against. Proposed Planned Multi Family Residential (PMFR) Zoning District Classification Chairman Junk stated that the City Clerk is looking for more direction from the Planning Commission on this matter. The Commissioners reviewed Fred Sherman s memorandum on the matter. Chairman Junk stated that he believed design guidelines are a better direction than specific zoning standards. Thereafter the matter was opened to the Commissioners for discussion. Commissioner Atchity stated that he had looked at Commissioner Ross s proposed revisions and thought they looked good. Chairman Junk proposed forming a small subcommittee to review the matter. Chairman Junk stated that he believes that the staff has had difficulty interpreting public and Planning Commission comments, and that Planning Commission members did not return notes like they should have. He requested that the Commissioners v1 1

4 collect their notes. Chairman Junk asked for volunteers to serve on a committee. Commissioners Waters, Ross, and Breer volunteered and will serve on the PMFR Committee. The Urban Land Institute will present a workshop on Thursday, May 7. There will be a public presentation from 5:30-6:30, and the public is encouraged to attend. There were handouts from the ULI Panel provided to the Committee members. Chairman Junk read off the names of the participating stakeholders. The Subcommittee was advised that the next Planning Commission meeting will be moved to June 22; therefore the Subcommittee should try to have a draft back by June 1. Public Comment: Tim Thompson stated that proposed setbacks in the PMFR draft were too short a distance; he says the Planning Commission agreed with that. He was asked what he thought would be fair. He thinks it is about 60 feet from the back of his house to the Entercom property line and thinks that should be the rule. He believes the berm should be kept in place; it is critical to properties on 49 th Terrace. Mr. Thompson wants a firm, set amount of space. Commissioner Ross stated he believes that is what the plan review process is for. Kent Peterson hopes we develop a complete set of guidelines, so the public can participate, and not just use a text amendment. 22. The meeting adjourned with the reminder that the next meeting has been moved to June v1 2

5 SUP Temp Parking - Google May 2015

6 WESTWOOD PLANNING COMMISSION Staff Report Meeting Date: May 4, 2015 Special Use Permit: SUP Retail Grocer s Association temporary parking for Google. APPLICANT: The application is filed by Jon McCormick, Food Industry Services, Inc. REQUESTED ACTION: The applicant requests renewal of a special use permit to allow for the temporary use of the existing parking lot. LOCATION: The property is located at 2809 W. 47th Street. EXISTING ZONING: C-1; Commercial District, and within the COD-1 47 th & Mission Road Overlay District. A Special Use Permit was approved on December 12, 2013 (Ord. 941) to allow temporary parking for Midwest Transplant Network employees for a one-year period of time. EXISTING CONDITIONS: The subject property contains an existing 12,185 sq. ft office structure that was built circa 1978 with 60 surface parking spaces. CHARACTER OF THE NEIGHBORHOOD: The property is located within a commercially zoned area along the south side of 47 th Street, east of Mission Road within the City of Westwood. A Walmart Neighborhood Center store is located to the immediate east, and to the west are several smaller commercial retail buildings fronting 47 th Street with open surface parking lots to the rear or south side of the adjacent properties. Along the north side of 47 th Street, the subject property is located across 47 th Street from an area in Kansas City, Kansas, where the land uses transition from a commercial retail businesses, to an office building, then to residential uses along the north side 47 th Street moving west to east. To the immediate south are existing single-family residences located along the north side of 47 th Ter that back up to the subject property. STAFF ANALYSIS OF THE APPLICATION: The Westwood Municipal Code lists Temporary use of land for commercial or industrial purposes ( ) and off-street parking lots or structures of a temporary or permanent nature ( ) as a special use. Special Use Permits may apply to any district and may be governed with regard to operations, site development, signs, and time limit, as the Planning Commission deems necessary in order to ensure that such use will not seriously interfere with the current or approved uses of subject or neighboring properties.

7 Planning Commission Staff Report SUP Temp parking for Google at 2904 W. 47 th Street May 4, 2015 Page 2 Background In 2014, staff from Midwest Transplant utilized up to 40 of the existing parking spaces at the 2809 W. 47 th property during weekday business hours for temporary off-site parking while the Westwood Towers office building and parking area, located at 1900 W. 47 th Place at the northwest corner of 47 th Place and State Line Road was under construction being renovated. An initial Special Use Permit was granted for this temporary use of the existing parking lot. No concerns or issues was documented as a result of Midwest Transplant Network staff parking at this subject property in Offices for Google Fiber staff are located directly north across the street of this subject property at 2812 W. 47 th Avenue in Kansas City, Kansas. This request is to allow a continuation of Food Industry Services, Inc., the property owner, to lease-out the use of several on-site parking spaces but now for Google Fiber staff. Information on the number of on-site spaces to be utilized by Google Fiber has not been provided W. 47th Street Property The existing Food Industry Services building is used primarily as a low-intensity office building. Based on the gross 12,185 sq. ft size of the existing building, 41 parking spaces is required for an office use based on the 1 space per 300 sq. ft. of building area Westwood zoning parking requirement. The existing lot is striped and painted with 60 on-site parking spaces, 19 more than the minimum required. A more efficient parking layout design utilizing parking spaces along the western extent of the property could yield additional parking space, though no modifications or expansions to the existing parking lot at the 2809 W. 47 th Street property is proposed with this SUP request. Time Limit Section Duration of Permit of the Westwood code states that the initial Special Use Permit may be granted for a period of up to two years with renewals granted for maximum period of up to five years. The SUP to allow the temporary parking by Midwest Transplant Network staff was granted for only one year period of time based on the anticipated construction schedule of their office building on State Line Road. STAFF RECOMMENDATION: Staff recommends that the Planning Commission forward the special use permit for Food Industry Services, Inc. temporary parking for Google (SUP ) located at 2809 W. 47th Street to the City Council with a recommendation for approval for a five-year period of time with no stipulations.