CITY OF LEAVENWORTH PRESERVATION COMMISSION
COMMISSION CHAMBERS, CITY HALL
100 N 5th Street, Leavenworth, Kansas 66048
Wednesday, April 2, 2014 5:00 PM
The Leavenworth Preservation Commission met Wednesday, April 2, 2014. Acting Chairman Jane Gies called the meeting
to order. Other commissioners present were: Rebecca Stewart, Ed Otto and Felix Derezinski. Commissioners absent:
Ken Bower, Joshua Dunn and John Karrasch. City Staff present: City Planner Ralph Moore and Cheryl Bogner.
It was determined a quorum was present.
On motion made by Mr. Derezinski and seconded by Mr. Otto, minutes from the September 4, 2013 meeting were
unanimously approved.
As there was no old business for discussion, the chairman called for the next item on the agenda.
NEW BUSINESS:
1. 2014-03 - Conduct a Public Hearing for Major Certificate of Appropriateness for 1100 3RD Avenue
According to Article XI, Section 11.17 A and D of the Leavenworth Development Regulations, the Leavenworth
Preservation Commission (LPC) is required to make a determination to the appropriateness of the proposed alteration
or modification of the building interior and alternative use of a landmark structure.
Acting Chairwoman Gies called for the staff report. City Planner Ralph Moore stated the board has a request before
them seeking approval of a Major Certificate of Appropriateness for the former Ben Day School. He went on to say the
primary reason for the request is that when this historic district was created, Ben Day School was made a part of the
district. The school has since undergone a transition through the sale of the property by the school district. Mr. Moore
referred to the staff report and noted the City has designated the future use of the property as multi-family (R-MF) with
the intent for it to develop at multi-family. The request ensures that the appropriateness of the proposed use still
satisfies the intent of the historic character of the area.
Ms. Gies called for questions from the board. Mr. Derezinski asked if the zoning had been changed to multi-family. Mr.
Moore replied a change in zoning has been requested, but it has not gone before the Planning Board yet. He stated this
is just the first step in the process to change the use to multi-family. He confirmed it would be going to the Planning
Commission. Mr. Derezinski asked if this was a case of “spot zoning”. Mr. Moore stated he would not refer to this as
spot zoning as the applicant is attempting to readapt a property. Mr. Derezinski commented there had been a number
of large old homes in the neighborhood that had reverted back to single family dwellings from multi-family. He stated
numerous people, including him, had invested a lot of money in the homes in that process. Mr. Moore indicated the
zoning issue rests with the Planning Commission. Mr. Derezinski asked if approval by the Preservation Board would give
the Planning Commission an opening to approve the rezoning request. Mr. Moore advised the two boards are
independent of each other and the decision of the Planning Commission does not depend on what the LPC decides
today. He also noted the Planning Commission makes a recommendation to the City Commission.
Mr. Otto requested confirmation that no other departments or boards had made any decisions on the subject. Mr.
Moore indicated LPC was the first to deliberate on this property.
Chairwoman Gies stated the board’s charge today was to determine whether or not the proposal would change the
historic nature of the neighborhood. With no further questions, Ms. Gies opened the public hearing.
Leavenworth Preservation Commission Minutes
April 2, 2014
Mr. Jim Beil of 1032 2nd Avenue addressed the board requesting information on the plan; i.e. number of families, income
level of families, etc. Mr. Moore noted the developer was present and could respond to the questions, however, he
cautioned those present to refrain from discussion relating to income as such discussion violates Fair Housing laws.
Mr. Caleb Buland addressed the board stating he is the architect for the project. He indicated the project will comply
with the National Park Service (NPS) requirements regarding rehabilitation for historic buildings. He noted the exterior
will not change with the exception of updates to the windows (non-historical windows replaced with thermally broken
aluminum windows with NPS approved sightlines). Repairs are planned for the leaking roof and the exterior grounds
would be cleaned-up thus restoring the appearance of a historic school. Mr. Buland stated interior features such as
wide corridors, classroom lighting and walls, as well as the fireplace in the library will all be rehabilitated. He noted the
project is about a $4 million investment in the community. The project use type is categorized as market rate housing
of a higher design which will utilize granite counter tops and restore existing hardwood and concrete floors. Mr. Buland
noted from an architecture perspective looking at life safety, the building was initially designed for about a thousand
users (possibly seen on a game night). This project will offer about 24 apartments with a maximum of 50-60 users. The
parking load for proposed use will look much like the parking load for teachers, therefore giving it the feel of a school
day. He noted they wouldn't be able to comply with all accessible requirements but stated the entire ground floor
would be accessible.
Mr. Buland advised he has worked on several other projects and won four Kansas Preservation Awards for work on
projects such as this one. He stated this is the best and most compatible use for this property as the load is very similar
to a teacher "in-service" day load. Also, he stated based on the lot size, this is a compatible density use based on the
neighborhood. Mr. Buland indicated the group he is representing just acquired the building this year. He noted the
property had seen a tremendous fall in the last 36 months from the lack of occupants and vandals. In closing he stated
they want to stabilize the property, but will require approval from this board to move forward, adding this was the only
viable option for this school.
Chairwoman Gies requested details on the number of bedrooms offered and what size family the project would attract.
Mr. Buland noted the targeted rents would be upwards of $1,000 per month (more than most mortgages for homes in
the area) with one and two bedroom apartments ranging from 1,000 sq. ft. up to 2,200 sq. ft.
Mr. Mark Gerges, 503 Marshall Street, addressed the board. He asked if there would be on-street parking and was
concerned about congestion in the neighborhood. Mr. Buland responded by saying there is no on-street parking
planned. The playground will be used for additional parking which will provide more parking than required.
Mr. Otto requested details on the investment group. Mr. Buland advised the group is a local Kansas investment group
and stated this is a sizable private capital investment with multiple players. He stated the project is backed, in part, by
the Kansas Historic Rehabilitation Corporation.
Mr. Gerges addressed the board again asking for details on the project timeline and construction vehicle access. Mr.
Buland stated once all approvals are granted (approx. 120 days) and banks and business owners are in place,
construction can begin. The work will take about eight months. He stated since the structure is already in place, they
anticipate only tradesmen traffic in the neighborhood; such as kitchen installers, electricians, plumbers, etc.
Mr. Derezinski spoke again referencing a project from some years ago where problems were experienced with site
development parking. He stated he has seen project plans change once approvals were made. He specifically cited an
underground garage that was initially planned for a new clinic but was never built due to budget issues. He noted the
change created parking issues for the area that still exist today. Mr. Derezinski expressed concern that changes to
parking could happen with this project and asked if the LPC board could approve the request based on the plans
presented. City Planner Moore reminded the board they were not voting on the design or the function of the project,
but rather whether or not this project maintains the integrity of the historic district. He stated off-street parking is
mandated and would be decided upon by the Planning Commission and City Commission.
Leavenworth Preservation Commission Minutes
April 2, 2014
The last individual to speak asked if federal funding would be involved in the project and questioned if there were any
requirements for low-income limits. Mr. Buland advised they were only utilizing tax credit incentives. Again,
Chairwoman Gies reminded participants there could be no discussion about income limits relating to housing and added
the housing tax credits are strictly for the historic aspect of the property.
Ms. Gies called for any other comments or questions from board members. Ms. Stewart requested clarification on
replacement of windows. Mr. Buland responded by saying the school underwent a poorly executed window
replacement project sometime in the 1970's which has caused damage to the structure. They have requested approval
on thermally broken aluminum replica windows which will meet the standards of the Interior Secretary and be reviewed
and administered by the NPS. Ms. Stewart asked if windows would be replaced on all sides of the building or just the
front facade. Mr. Buland said the intent is to replace windows on all sides and noted there are three primary building
facades.
Mr. Moore addressed the board. He advised Chairman Bower, who was absent this evening, provided his comments
and asked that they be read and entered into the public record. Mr. Moore proceeded to read his comments. Mr.
Bower wrote that he spoke with Mr. Buland about the number of units to be added, the parking situation and the
proposed financing. Mr. Buland assured him no low income tax credits would be used for financing this project and that
they will meet all of the historic guidelines for renovation. Additionally, Mr. Buland stated construction would start as
soon as possible. Mr. Bower concluded his comments by stating this is a great repurpose of this structure and
recommended approval by this commission.
Board member John Karrasch, who also was absent this evening, provided his comments on the project. Mr. Moore
read his comments aloud. Mr. Karrasch wrote that he was in agreement with Mr. Bower and also stated the project
would add more to the vibrancy of downtown and to the quality of life.
At this time, Ms. Gies stated the (LPC) board has had some rather negative experiences in the last year or so with
demolition of historic buildings. She went on to say when they are gone, they are gone, and the city if left with vacant
lots. Ms. Gies recognized that vacant lots turn into big lawns or parking lots as not many people are willing to go into
the central part of the city and develop anything. She added these types of results are painful to anyone who supports
historic preservation, but noted this project is a perfect example of what they have tried to accomplish with historic
preservation. Ms. Geis stated she would strongly support this project and is very grateful to the developers for their
willingness to invest in our community and would encourage other readapted/reuse in the city.
With no further comments, Chairwoman Gies called for a motion. Ms. Stewart made motion that the Preservation
Commission accept the Major Certificate of Appropriateness by finding that the proposed alteration or modification to
the building does not negatively effect the historic nature of the structure. The motion was seconded by Mr. Otto and
passed by a vote of 3-1 (Mr. Derezinski abstained).
OTHER BUSINESS:
It was noted that the board had received a copy of an approved Minor Certificate of Appropriateness for 743 Shawnee.
There being no further business to discuss, the meeting was adjourned at 5:32 pm.
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Leavenworth Preservation Commission Minutes
April 2, 2014