Urban Planning and Land Use

Transcription

1 Urban Planning and Land Use 701 North 7 th Street, Room 423 Phone: (913) Kansas City, Kansas Fax: (913) planninginfo@wycokck.org To: From: City Planning Commission City Staff Date: December 10, 2018 Re: Petition #SP GENERAL INFORMATION Applicant: Adrian Bermudez Status of Applicant: Owner 347 North 8 th Street Kansas City, KS Requested Action: Renewal of Special Use Permit Date of Application October 26, 2018 Purpose: Renew special use permit to keep food truck at their residence Property Location: 347 North 8 th Street Existing Zoning: R-2(B) Two Family District #SP December 10,

2 Existing Surrounding Zoning: North: R-2(B) Two Family District South: R-1(B) Single Family District East: R-1(B) Single Family District West: R-1(B) Single Family District Existing Uses: North: South: East: West: Single Family Home Single Family Home Vacant Land Single Family Home Total Tract Size:.10 acre Master Plan Designation: The City-Wide Master Plan designates this property as Urban Density Major Street Plan: The City-Wide Master Plan designates North 8 th Street and Ella Avenue as local roads Advertisement: The Wyandotte Echo November 15, 2018 Letters to Property Owner November 14, 2018 Public Hearing: December 10, 2018 Public Opposition: None to date PROPOSAL Detailed Outline of Requested Action: The applicant, Adrian Bermudez, is requesting a renewal of their special use permit to park their food truck at their residence. They have an existing business for which the vehicle is used. City Ordinance Requirements: through FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. The neighborhood is entirely a residential area. The majority of the homes within the area are single family with a few duplexes throughout. 2. The zoning and uses of properties nearby and the proposed use s expected compatibility with them. The zoning and uses of nearby properties are set out above. The truck isn t particularly compatible, but it is also not a massive piece of machinery that would be considered out of the ordinary. #SP December 10,

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 removal of the restrictions should not detrimentally affect nearby property. 4. The length of time the property has remained vacant as zoned. The property is not vacant 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 result in an increase of traffic. The applicant will be traveling throughout Kansas City as he does business, therefore not creating any more on-street parking or increasing the amount of vehicles along 8 th street. 7. Whether the proposed use is reasonably necessary for the convenience and welfare of the public and will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. The purpose of the food truck is to cook and sell food to the general public, but this business is not necessary for the convenience and welfare of the public. It will not permanently injure adjoining property, but it may impact visual quality of the property where it is parked during business hours. 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. If the applicant operates within normal business hours, this should not create any excess noise, vibration, dust or illumination for nearby properties 9. Whether the proposed use will pollute the air, land or water. This would not be an issue 10. Whether the use would damage or destroy an irreplaceable natural resource. This would not be an issue 11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners. #SP December 10,

4 The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner is minimal. 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. This would not be an issue PREVIOUS ACTIONS Special Use Permit #SP , for two years for the temporary use of land to keep their food truck at the residence. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on November 26, A copy of the signin sheet, neighborhood meeting minutes and neighborhood meeting affidavit are attached. KEY ISSUES None STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use comments: 1. Subject to approval, this special use permit shall be valid for two (2) years Applicant Response: May be valid for two years 2. What are your normal hours of operation? Do these hours change throughout the year based on season? Applicant Response: Normal hours depends on when I have an event, but should be no earlier than 8 am or later than 9 pm on weekdays. Sometimes we have a late event but would only be driving in so noise level should be at a minimum. Yes, normally I do most of my business during the spring and summer months. Winter gets less and less as it gets colder. 3. How many staff do you have? Applicant Response: No staff, just myself and my boys help sometimes, but that isn t until we actually get to our location, otherwise it is only myself #SP December 10,

5 4. Have you had any complaints from any businesses that you park the truck outside of? Applicant Response: I have never had any complaints from companies or people 5. Please provide a current picture of the truck as well as where the truck is parked when it is at your residence. Applicant Response: Truck is parked on the side of the house on the end of Ella Avenue that has been closed off since at least 2010 if I recall. I will send a separate with the picture showing where it is at exactly. I have submitted pictures before, but am happy to oblige Business Licensing Comments: 1. Adrian Bermudez (Indios Carbonsitos) has filed and maintained a current occupation tax and regulatory license, for mobile food vending since Public Works Comments: A) Items that require plan revision or additional documentation before engineering can recommend approval: 1) None. B) Items that are conditions of approval (stipulations): 1) None C) Comments that are not critical to engineering s recommendations for this specific submittal, but may be helpful in preparing future documents: 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 Aerial Image (google maps) Zoning Map Letter Neighborhood Meeting Minutes #SP December 10,

6 Pictures of truck REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing December 10, 2018 January 10, 2019 Special Use STAFF CONTACT: Alex Hufft MOTIONS I move the Kansas City, Kansas 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, Kansas City Planning Commission: OR 1. ; 2. ; And 3.. I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP , to the Unified Government Board of Commissioners as it is not in compliance with the City Ordinances and as it will not promote the public health, safety and welfare of the City of Kansas City, Kansas; and other such reasons that have been mentioned. #SP December 10,

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