
Welcome back to “This Week at City Hall”, a blog committed to bringing you important updates on the decision being made at City Hall. Each week, the various boards, commissions, and committees of City Hall make decisions that affect the many communities of Kansas City. If you have a tip about an upcoming agenda item – please email gojgbt@umsystem.edu with “This Week at City Hall” in the subject.
The Center for Neighborhoods hopes you had an enjoyable July 4th! Because of the holiday, there were no committee meetings or a city council meeting the past two weeks. This edition will cover the City Planning Commision and Board of Zoning Adjustment meeting that happened these past two weeks, as well as an update on an ongoing issue involving KC’s Single-Family building codes.
The following neighborhoods will be directly affected items covered in this edition:
- Oak Park
- Broadway Gillham
- Hyde Park
- Glenhaven
- Shoal Creek
- Scarritt Renaissance
- Ivanhoe
- Volker
City Planning Commission
Wednesday, July 3rd at 9am
The City Planning Commission (CPC) was attended this week by Chairperson Coby Crowl, Commissioner Tyler Enders, Commissioner Forestine Beasley, Commissioner Matt Hasek, Commissioner Sean Arkin, and Commissioner Betsy Lynch, who attended this meeting via zoom.
CLD-FnPlat-2023-00010 was a case approving the final plans for 12 lots of single family homes, located on the west side of Oak St, between 31st St and Linwood Blvd, in the Broadway Gillham neighborhood. As it was on the consent docket, the commision recommended approval on this ordinance with little discussion.
CD-CPC-2024-00067 was a case approving the final plan for Redwood on N Ambassador, located at 9799 NW Skyview Ave, near KCI. As it was on the consent docket, the commision recommended approval on this ordinance with little discussion.
CD-CPC-2024-00049 was a case requesting the approval of a historic designation on the Carmen building, located at 101 W Linwood Boulevard. Applicant Nadja Karpilow is the president of the Old Hyde Park Historic District organization, and made this request because of concerns about the building’s current owner. This case was covered in a previous edition of This Week at City Hall.
After City planning staff Larisa Chambi gave a quick recap of the case, the commission asked if the building owner was in attendance. As this case had been previously continued to allow the building owner to respond, the commission had no problem recommending approval of this case without input from the building owner.
CD-ROW-2023-00053 was a case requesting the vacation of an informal road created by Urbavore Urban Farms in order to access the main road. Urban Urbavore Farms, located at 5500 Bennington Ave, frequently use E 55th Terrace, a residential neighborhood, to conduct their business. This case was filed by homeowners along E 55th Terrace, who are concerned with the safety of their neighborhood. This case was covered in a previous edition of This Week at City Hall.
As this case had been previously put before the commission, there was only a short recap, given by City planning staff Matthew Barnes, and applicants Debra Neighbors and others. Debra reminded the commission of the safety and wellness concerns her community had, telling of the increased traffic created by Urbavore Urban Farms’ use of their residential street to conduct business. Throughout the meeting, two more neighbors testified, asking for the commission to approve the vacation. This included Bernish Norwood, who stated “This is a predominantly Black neighborhood, and I’ve seen our neighborhoods be taken”, hoping the commission would be sympathetic to the neighborhood. Three other neighbors testified to support the farm and its use of 55th terrace, including Sharon Moore and Donna Morales. The commission also heard from the applicant’s lawyer, as well as Urbavore Urban Farms’ lawyer. The farm’s lawyer presented the commission with a plan to eventually build alternative routes to access the property, but could not commit to a timeline because of a lack of funding. Additionally, several customers and organizations involved with Urbavore Urban Farms spoke against the vacation, including Cultivate KC and Compost KC.
After hearing many testimonies, the commissioners debated the merits of the case, wanting to make a decision that day. Commissioner Enders stated he felt the cost estimates for creating a new access road for the farm were inflated, citing that the road didn’t have to be entirely paved. Commission Chair Crowl made a final statement, saying the original decision was postponed to allow the farm to reach an alternative solution, which Crowl felt had not been met with urgency. The commission’s final decision was to recommend approval of the vacation.
CD-CPC-2024-00058 requested an amendment to the final plan of new apartments, located at 1818 Main St.
City planning staff Genevieve Kohn presented the small updates to the plan, including the addition of 2 floors, bringing the planned building height to 16 stories. Kohn noted the applicants were exempt from the city’s normal parking totals, as the building will be along the new streetcar extension. Applicant Gretchen Blain told the commission of her firm’s practice of working with local artists to fill blank walls on their buildings, and the plans for doing so on this development. With no concerns, the commission unanimously recommended approval of this case.
CD-CPC-2024-00070 and CD-CPC-2024-00069 requested a small change to the City’s zoning and downtown plan, to allow a mixed use building at 521 Campbell St.
City planning staff Genevieve Kohn recapped the history of this site, which was considered legally non-conforming to the City’s zoning code until the building became abandoned. Because of this, the new owners needed to get approval from the CPC in order to use the building as intended. Commissioner Enders asked staff if the new code would permit this building to be used for short term rentals, but the applicant Thong Tai told the commission he had no intention of using the building as such. The commission unanimously recommended approval of this case.
CD-CPC-2024-00060 was a case requesting a small change to the City’s zoning between NW Milrey Dr and NW 83rd St, from R2.5 to R1.5, increasing the density of the empty lot. CD-CPC-2024-00061 was a case for the approval of a residential development plan on the same plot.
As City planning staff Andy Clarke presented this case, the commission saw its unusual placement. This site is completely landlocked, with no direct access to public streets or amenities. Clarke said this hardship justified the site use of a parking lot as an entrance to the eventual residential units. The applicant’s lawyer Patrica Jenson recapped their struggle in finding an orientation that fit the site’s unusual constraints. After hearing both presentations, the commission recommended approval of the case.
CD-CPC-2024-00064 and CD-CPC-2024-00063 were cases requesting a small change to the City’s Heart of the City plan and zoning, to allow a residential development of about 300 units at 4520 Benton Blvd.
Currently, this site contains acres of wooded vegetation with moderate to severe topographic variation. Applicant Aaron Thomas told the commission of his companies’ goals, Standing Communities, in creating affordable, safe, and uplifting communities. He also explained the site plan, including 8 separate buildings containing a total of almost 300 units. Thomas proactively addressed concerns about the character of the neighborhood surrounding the site by showing how the landscaping and significant tree coverage would eliminate concerns.
During public testimony, neighborhood leader Pat Clark came forward to voice his community’s apprehension about this development. Clark told the commission that his community works hard to address high crime rates, which they feel would be negatively affected by another low-income development in their neighborhood. Additionally, Alicia Kennedy, resident of the neighborhood, testified on zoom as to her concerns with the development. Kennedy stated “you’re putting a high density, low-income development in the middle of a predominantly Black neighborhood with high crime”.
After hearing several residents’ concerns, the commission questioned what the applicant team felt they could do better to work with residents. The applicant requested the commission approve their plan despite the residents’ concerns, promising to continue engaging the community. Commissioner Crowl stated he was concerned about approving a case before their c0nditions were satisfied, worrying that it would make the CPC obsolete if they bypassed their own authority. Despite this concern, Commissioner Enders made a motion to approve the case, with the condition that the team meet with the neighborhood again. Following this, the commission recommended approval of this case, 5-1.
CD-SPU-2024- 00022 requested the extension of a special use permit (SPU) to allow the site at 11206 E MO 150 Hwy to continue being used as a landfill. Landfills are regulated uses by the city, to ensure they don’t end up in undesirable locations. As this site was in the very southernmost part of the city, and away from other uses, the commission recommended approval of this case.
CD-CPC-2024-00068 was a case requesting the approval of a development plan to allow indoor and outdoor sports, located at Interstate 35 and NE Oak Ridge Dr. City planning staff Andy Clarke introduced this simple case to the commission, telling them it was only necessary to go before the CPC because the site was larger than 10 acres.
Applicant Jacob Dobbs explained the plan for this site, including an outdoor soccer field, as well as a building with an indoor field. Dobbs stated his intention to work with the Army Corps of Engineers to insure there were no complications with the site, as much of it exists in a flood plain. After hearing Dobbs’ plan, the commission recommended approval of the case.
Board of Zoning Adjustments
Wednesday, July 10th at 9am
The Board of Zoning Adjustments (BZA) was attended this week by Chairperson Mark Ebbitts, Board member Maggie Moran, Board member Emerson “Jaz” Hays, Board member Rani Mixdorf, Board member Tom Gorenc, and Board member Michael Meier, who attended this meeting on Zoom.
CD-BZA-2024-00045 was a case requesting a special exception, allowing a fence greater than 4ft high, in the front yard of a home along Troost Avenue in the Hyde Park neighborhood. This case was covered in a previous edition of This Week at City Hall.
When this case was heard on June 12th, the BZA gave a continuance to allow applicant Wedoff and Koch to meet and discuss possible solutions. At this week’s meeting, Wedoff told the board he had applied for a grant to fund the construction of a new fence. During public testimony, Koch testified that he and Wedoff had met and come to an agreement. The board granted Wedoff a six-month continuance to allow him to fund and construct the fence to the specifications he and Koch had agreed to.
CD-BZA-2024-00052 was a case involving Trinity Christian Church, located at 5005 N Brighton Ave in the Glenhaven neighborhood, and a food truck they host semi-permanently in their parking lot. As permanent food truck operations are not allowed within non-commercial zoning, applicant Randall Brack was requesting the board grant the food truck a Temporary Use Permit. This permit would bring the truck, called Taqueria Ibarra into compliance, and allow them to operate on a semi-permanent basis.
The food truck was brought to the City’s attention when neighbor William Hodapp reported the truck. Hodapp told the board of his dislike of the noise and traffic created by the truck, which operates just across the street from his home. When the board questioned applicant Brack about these complaints, he explained the various steps Taqueria Ibarra had taken to satisfy Mr. Hodapp. These included buying a new generator and switching power sources. After hearing these efforts, the board granted the applicants a continuance to allow them to explore more permanent solutions.
CD-SUP-2024-00013 was a request for a special use permit (SUP) to allow a bed and breakfast within a residential district, located at 511 Gladstone Blvd, within the Scarritt Renaissance neighborhood. Normally, bed and breakfasts are not allowed within residential zoning. Applicant Megan Duma was able to work around this because the home at 511 Gladstone is designated as a historic site. This designation means the owner of the property can do things with the site that are not normally allowed, as long as she obtains a special use permit. In addition to the SUP, Duma was requesting she be exempt from certain rules required of a bed and breakfast, such as the requirement of a permanent on-site manager.
City planning staff Ahnna Nanoski summarized her process in working with Duma, and presented staff’s final recommendation of denial for this case. Nanoski justified this due to the exemptions Duma was seeking, as staff believes they fundamentally alter the definition of bed and breakfast, according to the code. Duma argued the exemption did not alter the definition, and also explained her need for these special exceptions. Duma stated her wish to only rent the house to one group as a whole, allowing for smaller gatherings in a historic venue. Due to the complex nature of the request, the board briefly went into a closed session with their legal council. After this, the board requested Duma return with a more detailed legal briefing on the merits of her request.
CD-BZA-2024-00082 requested a variance to the infill standards to allow for a front facing garage. Normally, the infill standards prevent front facing garages unless at least 51% of homes in the neighborhood have front facing garages. The proposed home will be located at 4121 Brooklyn Ave, in the Ivanhoe neighborhood.
Applicant Stacy Landers said his goals were to create attractive and affordable homes which bring families into the neighborhood. While the board agreed with his cause, they wanted to explore other options. During City planning staff’s presentation, board member Mixdorf noticed an alley which runs behind the homes on the block Landers was trying to build on. Mixdorf suggested Landers instead use this alley for access to the garage. After City planning staff confirmed this alley’s functionality, the board continued this case to allow Landers to redesign the garage.
CD-BZA-2024-00063 was an appeal to the City’s notice to vacate a billboard at 8912 East US 40 Highway. The sign was deemed abandoned by a Community Engagement Officer because it had been blank for 45 days. Applicant Martin Haley was then notified of his responsibility to take down the sign on March 13th. Per normal procedure, Haley had 15 days to appeal the decision with the city or 30 days to take down the sign. However, the appeal was not filed until April 22nd (25 days after the deadline). At this meeting, the board was to decide whether to hear the appeal or not, despite the late filing date.
After City planning staff summarized the case, Haley described his frustration with the situation. Haley stated that his only means of communication was a flip phone and mail, which is why he didn’t receive the notice of violation until the 23rd. Haley testified that he attempted to call the City on the following Monday, and did not receive an answer. Due to Haley’s confusion with the process, he did not know who to contact to file an appeal until past the 15 day deadline. The board requested that Haley return with phone records showing his attempts to call the City, at which point they would hear the merits of the case.
CD-BZA-2024-00078 was a request for a variance to the maximum size of a wall sign. The proposed sign will be located on an apartment building, at 3927 Stateline Road, within the Volker neighborhood.
Applicant Devon Coffey detailed the reason for the variance, stating the building’s position behind KU Medical Center prevented easy view of the building. Additionally, she stated her wish to fit in with a nearby building, which also has a sign of similar size. Board member Mixdorf stated her reluctance to approve large sign variances within Kansas City, as it sets a bad precedent. After deliberation, the board recommended approval of the variance, 4-1.
CD-BZA-2024-00064 was a case requesting a variance to rear setback standards, which would allow a home at 8255 Paseo to be constructed to universally acceptable standards.
Applicants Carri Duke and Dan Martin are from the Center for the Developmentally Disabled, and have been working on a project to build homes for members of their organization. To keep costs down, Duke and Martin have created one design to build in many places within Kansas City. While the plans require variances in some neighborhoods, after construction, the home will be fully accessible to all disabilities. The board unanimously recommended approval on this case.
CD-BZA-2024-00028 was a case requesting a variance to maximum width allowed for a driveway, at 8900 N Marsh Ave, within the Shoal Creek neighborhood. In the recent past, the BZA has heard 3 identical cases from the same neighborhood.
Applicant Linda Hendrix explained the reason for the violation, saying the contractor pouring concrete for their pool offered to extend their driveway. Since then, Hendrix stated many of her neighbors have requested similar additions, hence why the BZA has seen many similar cases. The board decided to grant Hendrix the variance, but asked her to warn her neighbors they would not receive similar considerations.
KC’s current Building Code, and a recent proposal for deregulation
Ongoing topic
Adjusting to and planning for climate change is perhaps the most daunting task that we face today. As the window of opportunity to mitigate the effects of climate change is quickly closing, our nation needs to approach this problem head on, at every level of government. KC’s history of addressing climate change reaches back to May 24th, 2020, when the City Council adopted Resolution 200005, which stated “the City reaffirms that climate protection and greenhouse gas reduction should be key factors in all decisions and actions by the City.” The City of Kansas City also stated its goal to address these issues in KC Spirit Playbook, with two of its vision statements being “Healthy Environmental Systems” and “Sustainable Growth and Resilient City”. Kansas City was also recently named a sustainable city by Bloomberg Philanthropies, qualifying the city for over $400 billion in federal funding.
Kansas City adopts greener building standards. KC took a step towards sustainability in 2021, when the City Council passed Ordinance 220364, which adopted new standards for the construction and renovation of homes within KC. As Director of Planning and Development Jeffery Williams stated in his summary of the change, these new standards meet the 2021 International Energy Conservation Code (IECC), which ensures that updated buildings will improve efficiency, decrease emissions and be adaptable for further energy improvements in the future. During the City Council meeting on October 13,2022, many residents and organizations came forward to support the Council’s adoption of the improved standards, including Health Commision of Kansas City. The ordinance was passed 9-4.
Councilmember Wes Rodgers and Nathan Willett propose deregulation. Recently, Councilmember Wes Rodgers and Nathan Willett have questioned the building standards that were adopted three years ago. Willett stated on X (formerly Twitter) “We are losing our growth because of the new code”, and provided a graph comparing single family home construction in the state of Kansas and the city of Kansas City. Rodgers and Willett argue the rapid construction of new homes is more important than those homes meeting the sustainable standards of the IECC. Councilmember Rodgers introduced Ordinance 240434, which allows developers to bypass the IECC if they follow an alternate route, titled the HERS Index.
Is there a difference between IECC regulations and the HERS Index? While both our current code procedure and the proposed HERS Index have similar goals, their implementation is different. Currently, all homes must be approved by City inspectors, who know the specifics of the city’s code and regulations. Under the proposed HERS Index, homes are evaluated under a rating system instead. The rating system accounts for different features throughout the home (i.e. insulation, solar panels, efficient cooling) and creates a score for that home. If Ordinance 240434 were adopted, homes could instead be measured on a scale of 0 to 100, and need a score of 68 to pass, whether or not they meet any IECC regulations. In the HERS scale, a score of 100 represents an average home from 2006, while 0 represents a net-zero home.
The HERS Index does not use City inspectors to certify homes. It simply allows any “HERS Certified” inspectors to do various parts of the HERS scoring. This process decreases public oversight, and creates a situation where HERS inspectors are paid consultants for the builder, and potentially susceptible to their influence in rendering decisions. Even when ignoring the concerns of outsourcing inspection, the HERS Index does not evaluate the efficiency and quality of the entire home. For example, a home with poor insulation and inefficient water heating, but 100 solar panels in the backyard could score well enough to pass on the HERS Index. While the home might be powered by renewable energy, the benefits a resident might enjoy may be lost due to a leaky building envelope.
While the HERS Index may decrease the amount of time it takes to complete housing projects, it sacrifices the City’s guarantee of safety and sustainability for new construction.
This ordinance will next be heard by the Neighborhood Planning + Development Committee of the City Council on 07.23.24 at 1:30 PM at City Hall. If you have an opinion on the merits of this ordinance change you should be prepared to offer testimony on that date.
Grayson Johnston is the author of This Week at City Hall, but also an Urban Planning and Design Student at UMKC. He moved to Kansas City two years ago and has loved it ever since. Grayson became interested in community and neighborhoods while still in high school, when he discovered the field of Urban Planning. As he learned about the theory of walkability, transit, and strong communities, Grayson became committed to going to planning school and starting a career growing his community.
Pingback: This Week at City Hall (July 22-26, 2024) - Center for Neighborhoods- KC
Pingback: THIS WEEK AT CITY HALL (SEPTEMBER 9-13, 2024) - Center for Neighborhoods- KC