Contentious approval of a drive through, transit oriented development, and a special presentation by the Reparations Commission.
- Broadway Gillham
- Blue Valley
- Brown Estates
- Downtown
- Westside
- Southmoreland
- Key Coalition
Special public listening session held by the Mayor’s Reparations Commission. On Saturday, November 16th, the Mayor’s Commission on Reparations is hosting two guest speakers to discuss the topic of African Centered Schooling. Queen Mother Audrey Bullard and Dr. Kevin Bullard (Dr. Heru Kheper Ra) will be guest speaking at the Paseo Academy for the Arts from 1-3pm. Audrey and Kevin Bullard are longtime advocates of the African-Centered College Preparatory Academy. Join them on Saturday for their second annual talk, hosted by the Mayor’s Reparations Commission. For more information, see the city’s website.
Board of Zoning Adjustments
Wednesday, November 13th at 9am
The Board of Zoning Adjustments (BZA) was attended this week by Chairperson Mark Ebbitts, Maggie Moran, Emerson “Jaz” Hays, Myeisha Wright, RanDi Mixdorf, and Tom Gorenc.
CD-SUP-2023-00010 approved a Special Use Permit (SUP) for a drive through permit within the Main Street Corridor Overlay District, specifically at the McDonald’s at 3255 Main Street, within the Broadway Gillham neighborhood.
The applicants for this project, Adam Branenburg and Doug Evans, with Phelps Engineering, have attempted several different methods to get approval for this drive through, including an amendment to the Main Street Corridor Overlay District which would specifically allow a drive through on this site. That amendment fell through due to lack of support from the City Council. Afterwards, the applicants sought a Special Use Permit, knowing that it would be denied, but in an attempt to establish a case for further court proceedings. After the original SUP was denied, the Circuit Court of Jackson County reversed the decision, sending the case back to the BZA on Wednesday.
Despite the Circuit Court’s reversal, city planner Ahnna Nanoski told the board why staff were still recommending denial of the SUP. Nanoski gave a comprehensive presentation on all of her review criteria, justifying her denial through city code. Specifically Ordinance 171037, which prohibits drive throughs unless they were an accessory use to a bank or other financial service. Additionally, Nanoksi showed that this site exists within the Transit Node zone of the Main Street Corridor Overlay District. This means the site should be developed with transit centered uses, not car oriented uses like a drive through. Nanoski’s full list of review criteria are available within her staff report (Exhibit 7).
Mark Bryant, the applicant’s legal representation, gave his presentation on why the BZA should approve his case, despite all of city staff’s evidence against approval. Bryant stated that the reason that McDonald’s had not been granted legal nonconforming status in 2017, just before the Main Street Corridor Overlay District went into effect, was because of an error made by city staff. Bryant claimed that if city staff had not errored in 2017, that this site would have been granted legal nonconforming status, and would be able to put in their drive through without going through the BZA process. Bryant also claimed that their current design proposal was not their preferred design, and that they had made many compromises.
Doug Evans, the local McDonald’s franchisee, also spoke on behalf of the case, saying that the BZA had two options. They would keep the current McDonald’s at 3255 Main Street, which is outdated and “doesn’t serve the community very well”, according to Evans, or, they would get a new McDonald’s that is “better for the public than that existing restaurant is ever going to be”. Evans’ strategy was to simply ignore Nanoski’s professional review, and instead appeal to the board’s emotions.
Board member Randi Mixdorf responded to the testimony given by the applicants, asking them if they had explored the option of renovating the current restaurant, which is allowed under the code, instead of completely demolishing and rebuilding the restaurant. The applicants were unable to answer, as they had not explored the feasibility of this option, instead choosing the variance route. Mixdorf was disappointed with the lack of effort by the applicants to meet the city’s code, and proposed that they reimagine their plan instead of proposing to rebuild the same building.
During public testimony, Laura Burkhalter, a midtown resident and President Midtown KC Now, stated her support for the staff’s recommendation of denial, as she felt that McDonald’s plan lacked imagination and went against the city’s investment in Main Street via the streetcar.
Board member Tom Gorenc made the motion to approve the plan despite staff recommendation, and the rest of the board voted to recommend approval of the project, 4-1. Board member Mixdorf voted in opposition to the project. Before this project can move forward, it must get approval from the full City Council. If you or your neighborhood support or oppose this project, message your Council person to let them know. Contact information for the full City Council is available on the city’s website.
CD-SUP-2024-00026 approved a Special Use Permit (SUP) for two apartments on the second floor at 1203 Woodswether Road.
CD-BZA-2023-00049 was a request for an appeal of a previously determined decision made by city staff. The applicants, Daniel Heryer and Brooke Salvaggio, are the owners of Urbanvore Urban Farms. This case has been the subject of much debate at City Hall within the past year, and has been covered in previous editions of This Week at City Hall.
On Wednesday, Urbavore’s Lawyer, Christen Ellis Johnson, requested that the Board of Zoning Adjustments (BZA), continue this case, again, to allow their master plan to be approved by City Council. City Council is set to consider this case next Thursday, November 21st; if approved, the conditions of CD-BZA-2023-00049 would change, potentially altering the nature of the applicants’ request. City staff, represented in the case by Ahnna Nanoski, recommended that the BZA not continue this case, as they believe this case was before the BZA before being heard by City Council primarily so that the BZA could make a decision about the original zoning violations at the farm.
Johnson gave her presentation outlining why each violation that was previously issued by the city were issued in error, and reminded the BZA of the case’s complexity, hence why it has been continued so many times. After hearing this presentation, Chairman Ebbits asked those in the audience who opposed the continuance to give their testimony. Debra Nabors Felicia George, and Leah Suttington, neighbors of the farm, both opposed the continuance due to the traffic. Rabbi Micheal Zedek gave testimony in support of the farm generally.
After some argument between boardmembers over whether or not the decision should be made by the City Council or the BZA, the board voted to continue the case to December 11th.
CD-BZA-2024-00081 approved a variance to allow a digital sign on a residential lot at 1801 White Ave, for the Blue Valley Recreation Center. Applicant Douglas Day presented the case with city planner Connor Tomlin, and explained why the center should be granted the variance. Day stated the need for the sign, saying that it would provide an easy method of communication between the community and the center, without causing distractions for the neighborhood. Even with a website, Day believed this sign would be a better method of communication due to the diverse nature of the Blue Valley neighborhood. With many residents not having access to the internet or not speaking English, an easily visible sign gets rid of traditional barriers.
After going into closed session to get legal advice, Board member Moran stated her hesitance to approve a digital sign in a residential zoning district, which had never been done before. The BZA voted to recommend denial of the case.
CD-BZA-2024-00145 was a request to rehear case CD-SUP-2024-00012, which has been previously covered in an edition of This Week at City Hall. City planner Andy Clarke presented the updates on the case. The applicant’s lawyer, David Waters, and city staff worked together, in the weeks prior to the meeting, to come to an agreement.
The applicants’, Prefix Coffee, original request was for the approval of a drive through at 1125 Grand Blvd, within the Downtown neighborhood. In August, the BZA denied this request due to the safety concerns of city staff. In efforts to get the drive through approved, the applicants added a speed bump, narrowing the drive through lane, a Special Use Permit which expires after five years, and a condition which prevents Prefix from selling their property to a national chain. One main concern of city staff was that the property (with the drive through) would be sold to a company like Starbucks, then used as precedent to build more drive throughs in the downtown area. The board voted to recommend approval of this case 4-1.
CD-BZA-2024-00130 was a request for a variance for the maximum allowable size for a monument sign for the Liberty Memorial, located at 2700 Main St. Applicants Robert Whitman and Chris Weich presented this case with city planner Alex Gustafson.
The sign will be positioned along the drive located along the monument’s perimeter, and include lights to illuminate the sign. The sign has already been approved by the Park Department, but still needs the BZA approval, as the site is zoned residential, despite it being a park. The BZA unanimously recommended approval of the case.
CD-BZA-2024-00132 approved a variance to setbacks requirements for 1805 Washington Street, within the Westside neighborhood, to allow the construction of several townhomes. City planner Connor Tomlin presented this case with applicant Lance Scott. This site has previously requested a variance, but it lapsed before the applicants were able to move forward with construction.
Applicant Lance Scott urged the board to approve this case, as it supported the city’s desired type of development, especially within the city’s core. There was no neighborhood opposition to the proposed development. The BZA unanimously recommended approval of the variances.
CD-BZA-2024-00136 approved a variance to the required building standards to allow apartment units at 3930 Warwick Boulevard, within the Southmoreland neighborhood. City planner Stephanie Saldari presented this case with applicants Aaron Clemons and John Rowe, the applicant’s legal representation. Saldari presented the site’s history, including how the building’s previous owner had added an additional unit to the building without building permits.
Applicant Aaron Clemons currently wants to add another, so is requesting this variance to add two apartments, the illegally constructed one and another. Clemons also answered the board’s questions about the lack of parking, stating that many residents did not use a car, and that the need for parking would decrease “hopefully, transit expands”. The Southmoreland neighborhood association submitted a letter in support of Clemon’s project, explicitly stating that parking was not a concern. The board recommended approval of the case.
CD-BZA-2024-00147 approved a variance to setback standards at 2327 Jarboe Street, also within the Westside neighborhood. Applicant Dante Passantino presented this case with city planner Stephanie Saldari. This variance would bring Passantino’s front balcony and back deck into compliance with the current code, as they presently were too close to the property line. The board unanimously voted to recommend approval of the case.
CD-SUP-2024-00032 approved a Special Use Permit for True Value Motor, a car oriented use, at 2920 Prospect Avenue, within the Key Coalition neighborhood. Applicant Robert Lewis presented this case with city planner Olofu Agbaji. This case has been covered in a previous edition of This Week at City Hall. The BZA recommended approval of this case.
Grayson Johnston is the author of This Week at City Hall, and 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.
Leave a Reply