Urban Planning and Land Use

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1 Urban Planning and Land Use 701 North 7th Street, Room 423 Kansas City, Kansas Phone: (913) Fax: (913) To: City Planning Commission From: City Staff Date: October 13, 2014 Re: Petition #SP GENERAL INFORMATION Applicant: Yvonne Rhodes Status of Applicant: Owners 8525 Dehn Lane Kansas City, KS Requested Action: Special Use Permit for a small dog daycare and short-term dog boarding. Date of Application: August 21, 2014 Purpose: To operate a small dog daycare and short-term boarding operation out of the residence Property Location: 8525 Dehn Lane #SP October 13,

2 Existing Zoning: R-1 Single Family District Existing Surrounding Zoning: North: R-1 Single Family District South: R-1 Single Family District East: R-1 Single Family District West: R-1 Single Family District Existing Uses: North: South: East: West: Single family homes Single family homes Single family homes Single family homes Total Tract Size: 1.38 acres Master Plan Designation: The City-Wide Master Plan designates this property as Low- Density Residential Major Street Plan: 86 th Street is a residential street. Advertisement: Property Owner Letters September 17, 2014 Wyandotte Echo September 18, 2014 Public Hearing: October 13, 2014 Public Opposition: Staff is not aware of public opposition at this time. PROPOSAL Outline of Requested Action: Yvonne Rhodes is requesting a Special Use Permit for a small dog daycare and boarding house operation to run out the property. City Ordinance Requirements: Article XXII Sections FINDINGS OF FACT 1. The Character of the Neighborhood. The neighborhood is predominantly residential uses. About a half-mile north there is some commercial along Parallel. 2. The zoning and uses of properties nearby and the proposed uses expected compatibility with them. The zoning of nearby properties is R-1 Single Family District. A dog daycare is not extremely incompatible with nearby land uses. #SP October 13,

3 3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property. The property in question is zoned R-1 Single Family District. Staff believes that the removal of restrictions will not affect nearby property. 4. The length of time the property has remained vacant as zoned. The property has not been vacant as zoned in the immediate past. 5. The degree of conformance of the proposed use to the Master Plan. Special Use Permits are not addressed in the Master Plan. 6. Whether the proposed use will result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network to accommodate it. The proposed use will not significantly increase the amount of vehicular traffic. 7. Whether the proposed use is reasonably necessary for the convenience and welfare of the public ad will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. The proposed use is reasonably necessary for the convenience of those that would use the service. The dog daycare will not substantially injure the visual quality or marketability of adjoining property because of the seclusion of the lot. 8. Whether the noise, vibration, dust, or illumination that would normally be associated with such use is of such duration and intensity as to create problems for near-by property. There may be a problem with noise, but because the homes are not abutting, and there are heavily wooded lots buffering them, the intensity of the barking should be minimized. 9. Whether the proposed use will pollute the air, land or water. The applicant will have to dispose of the dog waste in a timely manner; otherwise an odor will pollute the air of near-by property. 10. Whether the use would damage or destroy an irreplaceable natural resource. Not applicable 11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners. #SP October 13,

4 There is a minimal gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowners. 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. Overcrowding is not an issue with this application. PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on September 19, There were ten (10) persons present, including the applicants, and no one expressed any opposition. KEY ISSUES 1. Size of the operation 2. Hours of operation 3. Noise buffering from street and neighbors. 4. Business License STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Does the fence on the property fully enclose the backyard, ensuring that all dogs will remain on the premise? Applicant Response: Yes the yard is fully enclosed. 2. What will be the hours of operation? Applicant Response: 8:00 a.m. to 5:30 p.m. 3. How many clients are you expecting in the short and long-term? What is the maximum capacity of dogs on the property without being too hazardous? Applicant Response: I expect this to be a permanent business opportunity, all of the dogs I will be watching will be with me while the owners are away, most people board for a week to ten days at a time. Will very seldom be a dog staying long term. Fifteen small dogs could easily be here at one time, it would take a lot more than that before it hit the hazardous point. I don't plan on having more than 6 to eight at any given time. #SP October 13,

5 4. Will there be a parking issue for clients dropping off dogs? Applicant Response: No. 5. Will there be dogs on the property before and after established hours? Applicant Response: Yes! The dogs that are boarding will be here. 6. Noise is the biggest issue when it comes to dogs in residential areas. Is there proper screening/buffering for noise for the nearby neighbors, especially to the abutting property to the west along 86 th St.? Applicant Response: Please see answer to question #3 in the answers for Key Issue Question's at top of the page. 7. If approved, you will need to register and file for an occupation tax with Business License. Applicant Response: I understand, and will comply. 8. Waste must be cleaned every day. Applicant Response: Not a problem will be taken care of. 9. If approved, the permit will be for two (2) years. Applicant Response: I understand Public Works Comments 1) None STAFF RECOMMENDATION Staff recommends that the City Planning Commission make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommend APPROVAL of Petition #SP subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Vicinity Map Zoning Map Neighborhood Meeting Information #SP October 13,

6 REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing October 13, 2014 October 30, 2014 Special Use STAFF CONTACT: Trey Maevers MOTIONS I move the Kansas City, City Planning Commission RECOMMEND APPROVAL of Petition #SP to the Unified Government Board of Commissioners as meeting all the requirements of the City code and being in the interest of the public, health safety and welfare subject to such modifications as are necessary to resolve to the satisfaction of City Staff all comments contained in the Staff Report; and the following additional requirements of the Kansas City, City Planning Commission: OR 1. ; 2. ; And 3.. I move the Kansas City, City Planning Commission RECOMMEND DENIAL of Petition #SP , as it is not in compliance with the City Ordinances and as it will not promote the health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #SP October 13,

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Urban Planning and Land Use Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning To: From: City Planning

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