COMMISSION CHAMBERS, CITY HALL
100 N 5 th Street, Leavenworth, Kansas 66048
REGULAR SESSION
Monday, April 7, 2014
7:00 PM
CALL TO ORDER:
A.
Roll Call
Commissioners Present:
Mike Bogner
Linda Bohnsack
Randy Larkin
Commissioners Absent:
Jay Bryne
John Karrasch
City Staff Present:
Frank Wenzel
Steve Wood
Ralph Moore
Cheryl Bogner
Chairman Bogner called the meeting to order; noting three commissioners (Bohnsack, Byrne and Karrasch) were not present; however they did have a quorum.
B.
Approval of Minutes – March 3, 2014
Mr. Wenzel made motion to approve the March 3, 2014 minutes as presented; second by Mr. Larkin and were approved by a vote of 4-0.
Ms. Bohnsack joined the meeting at 7:02 pm.
OLD BUSINESS:
None
NEW BUSINESS:
1.
2014-02 REZ – REQUEST FOR REZONING OF PROPERTY LOCATED AT 1100 3 RD AVENUE a.
Conduct Public Hearing on the Rezoning Request
The applicant, Mr. Caleb Buland, has applied for the rezoning of a parcel commonly known as 1100 3rd Avenue (formerly Ben Day School) in the City of Leavenworth,
Kansas from High Density Single-Family Residential (R1-6) to Multiple-Family
District (R-MF).
Chairman Bogner called for the staff report. City Planner Ralph Moore stated a request was made for rezoning of the property commonly referred to as the Ben Day School (1100 3 rd Avenue) from Single Family
Residential (R1-6) to Multiple-Family Residential (R-MF) District. Mr. Moore provided slides of the general location of the property and the surrounding area. He noted the general area is developed as single family residential, with institutional classification assigned to the former school and the current office/educational use by the school board in the next block. It was noted there a few instances of multi-family zoning in the area. Mr. Moore provided a graphic overview of the area which shows the intensity of development in the area. Photographs were displayed of the outside facades from all directions. He noted the general

characteristics of the neighborhood are single family homes in stable condition. The predominant zoning of single family homes is R1-6 which is high-density residential zoning.
Next, Mr. Moore talked about the City’s 2011 Comprehensive Plan and Land Use Plan noting that the project area is generally viewed as single family, but there was a very specific attempt in the Plan to bring a readaptive use to the Ben Day School by designating the parcel as Multi Family Residential. Additionally,
Mr. Moore stated the area is on the National Historic Register and includes Ben Day School. He advised the
Preservation Commission approved a Major Certificate of Appropriateness last week for the school to be used as multi-family. The commission found it to be an appropriate use for the district; noting the district would not lose its essence as a historic district.
Chairman Bogner asked to see the last slide again and requested clarification on the other large structure shown in the slide. Mr. Moore pointed out the building was another structure owned by the Board of
Education and is used for office space and support services. It was noted the slide depicted the current zoning of the two properties but the board was only deciding on Ben Day. Mr. Bogner requested an explanation of how R1-6 and Multi-family zoning designation compare. Mr. Moore stated there is not much difference between these two and other single family zones except for the square footage of the parcel/lot. The density is determined by the size of the lot; for example R1-6 requires a 6,000 square feet lot, R1-9 requires 9,000 square feet, etc. Mr. Bogner asked how many apartments were proposed. Mr.
Moore responded saying approximately 21 apartments were in the initial proposal but advised the developer could address that question.
Mr. Wenzel asked the city planner if he knew why the two school structures were singled out specifically for multi-family when the Comprehensive Plan and Land Use Plan were adopted. Mr. Moore indicated he provided the board an excerpt from the Comprehensive Plan which referenced readaptive uses and noted this was the only way the existing structure could be placed back into use. It was also noted that if the structure had not been on the property, it would have remained single family residential.
Chairman Bogner asked whether or not a Special Use Permit (SUP) would be required based on the language in the Zoning District Chart Standards (included in the board’s packets). Mr. Moore advised multifamily is a permitted use by right; no SUP to support multi-family zoning would be required.
The chairman opened the public hearing. Mr. Felix Derezinski, owner of property at 1129 5 th Avenue and
663 Marshall Street, was the first to speak. Mr. Derezinski asked if the project could move forward by operating under a SUP without it being rezoned. He expressed concern that if rezoned and the property was damaged or destroyed by 80% or more, the neighborhood would be left with a commercially zoned piece of property in the middle of a historic district. He cautioned the board to take a hard look at rezoning the property and possibly consider adding a caveat to the rezoning of the property, i.e. “as long as this building remains there it can be used for that”. In addition, Mr. Derezinski cited an instance when development plans were approved to include an underground parking garage, yet the developer changed the plans in the end due to budget issues and did not build the garage. He stated the change causes parking problems for his tenants and neighborhood today. He stated, if the property is rezoned, an increase in parking on Marshall and Middle Streets would be realized. Mr. Derezinski requested the developer follow through with the plan, as approved, for parking.
Mr. Derezinski stated he also had concerns for the alleyway between Marshall and Middle that meets at the parking lot. He stated young children play in the area and suggested people may go through the alley in
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an effort to avoid one-way streets. Mr. Derezinski stated he would like to have the alley signed as “oneway” to avoid cut-through traffic. He closed by saying his biggest concern is what would happen to the property if the building was destroyed and requested provisions be made for the reversal of the zoning.
Mr. Mark Gerges, 503 Marshall, addressed the board. He stated he attended the Preservation Commission meeting and supports the reuse of this building based on the plans that were provided. He commented it is much better to do something with the building than allow it to remain vacant. He stated he had one concern which was related to parking. He noted plans show the current playground being incorporated into the parking area and asked that the developer follow through with their plans. He added that changing the parking could have an effect on the entire environment of the historic district.
Chairman Bogner pointed out to the audience that a drawing of the parking area was available for review.
Mr. Moore took this time to state the project would have to go through a review process by staff and would be required to adhere to all the parking standards for multi-family residential. Mr. Moore stated there are safe guards in place and referenced the city’s Development Regulations. He added it was not necessary to include any parking concerns in a motion.
Next to speak was Lon May, 1029 4th Avenue, stating he has one of the few houses left between Nettie
Hartnett and Ben Day schools. He attended Ben Day School as a child and has witnessed a transformation in the neighborhood over the last 26 years. Mr. May commented he would like for the one-way streets to remain for the safety of the children that play in the area and encouraged the developer to comply with parking requirements.
Chairman Bogner pointed out that the board does not have much influence on the direction of the streets, signage or other concerns outside of the rezoning request. Mr. Bogner encouraged individuals present to attend the city commission meeting where the final decision on rezoning would be made.
Mr. Matt Burgin, Shawnee, Ks addressed the board stating he works as a government contractor at Fort
Leavenworth and employs as many local workers as possible. His employees specialize in cabinetry, drywall, painting, etc. and stated they often have difficulty finding good housing. He commented this project has great potential to provide good housing and would be an asset to the community.
Mr. Russ Wood, also from Shawnee, introduced himself as a general contractor that has worked on repurposing projects. He stated projects, such as this one, have the ability to make a positive impact on communities and employ local people. He noted the project was a great repurpose for a building that still had a lot of life left in it.
Next to speak was Brad Richards of 1212 Spruce Street, a representative for Energy and Quality Company and noted he works with others that spoke this evening. He commented he thought the work on the building would help preserve the building.
The chairman called for any other comments. Mr. Caleb Buland, architect for the project, addressed the board. He began by saying Ben Day School is a one hundred year old structure that is on the National
Register of Historic Places. He indicated they did a fairly exhaustive market study on how to save this structure and found that the multi-family use is its only chance for a future life. They have proposed 24 high-end finished apartments. He went on to say the proposed zoning is just one step up from current zoning of high-density single family residential. He noted the parking plan and counts, required by zoning
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and building codes have been submitted, and he recognized they would not be issued a building permit without satisfying those requirements. Mr. Buland stated the masonry and concrete building will be fully sprinkled. Lastly, he noted the market study did look at the impact on the neighborhood. He stated what makes the project so attractive is the neighborhood which they do not want to damage. The project is approximately a $4 million investment in the community. They reviewed activity the former school would have realized in relationship to traffic; i.e. game night events, teachers going to/leaving work, children dropped off and picked up throughout the day, etc. and feels the proposed project is very compatible for the neighborhood.
Mr. Larkin asked for a construction timeline. Mr. Buland indicated the architectural and engineering work is complete with the final construction estimates being prepared. They anticipate construction to begin this summer and apartments could be ready for leasing next spring. He added this project will be administered by the National Park Service to make sure the work complies with guidelines for properties listed on the Register. Mr. Larkin asked if the price range for rent had been decided. Mr. Buland noted the price range is actually more than what most people in the neighborhood pay for mortgages - $850 - $1,350 per month.
Mr. Wenzel inquired about the alley and noted it does not appear to tie into the parking lot. He asked how they would address concerns relating to the safety of children and traffic. Mr. Buland responded by saying it was up to the city planner in reviewing the master plan, but thought the streets work well now. He added the proposed demand would only be one-fiftieth (1/50 th ) of what it has been over the last one hundred years as a school. He believes individuals will be more aware of their surroundings and the neighborhood will experience less traffic than on a school day.
Mr. Derezinski addressed the board once again stating he keeps hearing the phrase “less traffic”, but pointed out many children in the area walked to school. He stated he lived in the area 35 years ago and there were no traffic issues. Also, he noted individuals rented his property because their children could walk to school. Lastly, Mr. Derezinski noted property owners have experienced a financial crunch as their homes are not as marketable as they were eight years ago because they are no longer located within walking distance of a school. He supports the project but disagreed with the comment that the neighborhood would experience less traffic.
Last to speak was Rebekah May of 1029 4 th Avenue who has lived at her residence for 14 years. She stated she has a few concerns and agreed that traffic would be increased, not decreased. She also expressed concern over who the target group of renters may be and what they bring to the neighborhood, i.e. activities, traffic, safety of the neighborhood, etc.
With no one else wishing to speak, the public hearing was closed. Mr. Bogner commented the investors have just as much of a vested interest in making sure they have the right tenants that are compatible with the neighborhood in order to protect their interests.
Ms. Bohnsack commented not much was provided in the way of a landscaping plan, however, it was noted that was not a subject for the rezoning request. Mr. Moore advised landscape plans would be reviewed when they apply for building permits. Ms. Bohnsack noted this site offered sidewalks on both sides of the street.
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Mr. Larkin stated he attend 3 rd Avenue School (Ben Day School) and was a walker. He never realized any traffic issues then and did not think the project would contribute to traffic issues in the future.
With no further comments, Chairman Bogner called for a motion. Mr. Wenzel moved that Rezoning
Request 2014-02 for the parcel commonly known as 1100 W 3 rd Avenue in Leavenworth Kansas from highdensity single family to multi-family district be approved as submitted and referred to the City Commission.
The motion was second by Ms. Bohnsack and was unanimously approved by a vote of 5-0.
OTHER:
None.
The meeting adjourned at 7:32 pm.
Leavenworth Planning Commission 5 April 7, 2014