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: June 12, 2017 Re: Petition #SP GENERAL INFORMATION Applicant: Kerry Hokanson Status of Applicant: Owner 419 South 81 st Street Kansas City, KS Requested Action: Approve Special Use Permit Date of Application: April 28, 2017 Purpose: To cultivate and sell produce, bees and crickets Property Location: 419 South 81 st Street Existing Zoning: R-1 Single Family District #SP June 12,

2 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 home Single family home Single family home Total Tract Size: 1 acre Master Plan Designation: The City-Wide Master Plan designates this property as Low Density Residential. Major Street Plan: The City-Wide Master Plan classifies 81 st Street as a local road. Advertisement: The Wyandotte Echo May 19, 2017 Letters to Property Owner May 19, 2017 Public Hearing: June 12, 2017 Public Opposition: None to date PROPOSAL Detailed Outline of Requested Action: The applicant, Kerry Hokanson wants to cultivate mushrooms and other crops, keep bee hives, raise crickets and sell plants, fungus (mushrooms), insects and insect products, specifically bee honey and crickets on one (1) acre at 419 South 81 st Street. City Ordinance Requirements: through FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. The character of the neighborhood is comprised of single family homes. There is a mixture of ½ acre to one (1) acre size lots in the area. While the area is not rural, there is quite a bit of separation between residences. 2. The zoning and uses of properties nearby and the proposed use s expected compatibility with them. The zoning and uses of properties nearby is set out above. Growing crops is relatively compatible with the surrounding neighbors. Depending on the proximity of the garden plots to the property line and adjacent residences, the bee hives should not cause an issue for nearby properties. #SP June 12,

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 if the applicant follows the stipulations set forth in this staff report. 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. If the applicant decides to sell produce and products on the property, there will be an increase in the amount of vehicular traffic to the property, but not to the point where it exceeds the capacity of the street network to accommodate it. If the applicant intends to sell produce at farmer s markets, there will not be an increase in the amount of vehicular traffic to the site. 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 proposed use will not substantially injure the visual quality or marketability or adjoining property because the growing crops on small plots is relatively low maintenance. Determining where the bee hives and crickets will be kept on the property in proximity to adjoining property lines will have an impact on this petition. 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. The noise normally associated with growing crops will not create problems for nearby property. 9. Whether the proposed use will pollute the air, land or water. The proposed use will not pollute the air, land or water. 10. Whether the use would damage or destroy an irreplaceable natural resource. #SP June 12,

4 The proposed use will not damage or destroy an irreplaceable natural resource. 11. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the individual landowner or landowners. The relative gain to the public health, safety, and welfare as compared to the hardship imposed on the landowner is minimal. 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. The proposed use will not result in overcrowding of land or cause undue concentrations of population. PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on May 28, According to the applicant, no one attended the meeting. KEY ISSUES Location of bee hives Processing of honey and insect products STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Per Business Licensing: a. If approved, applicant would be required to file with our office but would be exempt from paying an occupation tax, so long as all products grown were sold within the state and not been converted to some other product (e.g. tomatoes to salsa, fruit into jellies, etc.) i. Sec Exemptions. (5) Any producer or grower or any agent or employee of a producer or grower engaged in the sale of farm or garden products or fruits grown within the state, for that occupation, pursuant to K.S.A Please provide an operational business plan. What is the day-to-day operation? Applicant Response: It would be hard to give a very specific description of day to day operations on the farm because its creation is an emergent process. As I progress, I learn and have to adapt based on new information collected, #SP June 12,

5 observation, and practicality. Because my business in its infancy, it will go through stages of growth and changes that are hard to predict. However, I can provide a general idea of business operations. I have some crops planted now, but this year I am primarily focused on building the infrastructure I will need in the future (chicken fence, awning to start seeds, irrigation system). Because I am focused now on getting things set up, which involved one time projects, there is not yet a well-defined pattern of operation. When I am operational, these are roughly the processes I would want to have happen. Daily harvest and storage of produce (plants, eggs, mushrooms), sale of produce to the local community on the premises, on the weekends, sale of produce at farmers markets, sale of crickets to pet stores, periodical harvest of honey. 3. Will customers come to the property to purchase produce and/or will you sell produce at farmer s markets? Applicant Response: Ideally, both. 4. When you pick the produce, what will you do with the excess that is not sold? Applicant Response: The excess produce can be fed to chickens, fed to crickets, composted in piles, or with worms. Each option provides benefit in the form of another product, added fertility, and waste elimination/nutrient recycling. 5. Will you process and package honey produced by the bees or process crickets into feed? Applicant Response: If I can legally sell honey, I would like to do so. If not, they will help with pollination of my crops and reduce the chances of their extinction. As of right now, I do not plan on processing the crickets into feed, but selling them to pet stores whole. 6. The letter indicates 10 x 10 plots for gardening, will mushrooms be the only crop cultivated on the property? Applicant Response: Initially, mushrooms will be cultivated on logs on the south side of the property under the shade of a large hackberry tree. Eventually, I would like to grow them in a structure where the climate can be controlled. 7. Do you plan on building any accessory buildings, such as greenhouses or hoop houses? Applicant Response: The business could operate without any additional structures. However, in the future I may look into building dedicated structures for growing crickets and mushrooms. Staff Response: If you plan on building more than one detached accessory structure, you will need to obtain a variance from the Board of Zoning Appeals prior to obtaining a building permit for construction. #SP June 12,

6 8. Do you intend to keep livestock on the property, if so, specify the animal(s) and quantity? Depending on the animal, a special use permit may be required. a. If you are keeping livestock, what shelter(s) will you provide? Applicant Response: At the moment, the only livestock we intend to keep on the property are chickens. If at some point in the future I decided more would be beneficial, I will go through the necessary legal steps. 9. Where will you raise the crickets, in the house or in another shelter to be constructed on the property? Applicant Response: As of right now, crickets can be raised in portable bins that can be outside for more of the season. I do not plan on having crickets in the house. In the future, I may consider erecting an additional building for that purpose. Staff Response: If you plan on building more than one detached accessory structure, you will need to obtain a variance from the Board of Zoning Appeals prior to obtaining a building permit for construction. 10. Where will the bee hives be kept on the property? Applicant Response: The current plan is to keep the beehives in the southeast corner of the property, spaced the appropriate distance away from the property line. 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) Provide a site plan showing existing septic tank and lateral field location(s), and proposed garden location(s) prior to operation. 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 Conclusion: The applicant has addressed staff s questions. Staff recommends approval of this petition subject to the following stipulations: (1) The special use permit is valid for two (2) years. (2) Grown produce (mushroom and honey) shall be sold at farmers markets. If you intend on selling produce on-site, then you will need to revise your special use permit and conduct another neighborhood meeting so your neighbors know that you will have customers coming to your property to purchase produce. #SP June 12,

7 (3) Obtain a business license with the Business Licensing Department at 4953 State Avenue, Kansas City, KS or (913) (4) Only one detached accessory building is permitted to be constructed within the R-1 Single Family District. The maximum size is 1,000 square feet or cover more than 30 percent of the rear yard. (5) If any signage is to be erected, obtain a sign permit(s) from the Urban Planning and Land Use Department. (6) Ensure that your garden plots are not sitting on top of or are in close proximity to your leach fields for your septic system. 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 Applicant Letter Applicant Response Letter Neighborhood Meeting Minutes Letter of Support from Steven Hoesch Site Plan Site Photographs REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing June 12, 2017 June 29, 2017 Special Use STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org 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: 1. ; 2. ; And #SP June 12,

8 3.. OR 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 June 12,

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13 Figure 1. Aerial photograph of 419 South 81st Street, as indicated by the green dot (provided by ArcView GIS). #SP June 12,

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15 Figure 2. Photograph of 419 South 81st Street (provided by the applicant). Figure 3. Photograph of 419 South 81st Street (provided by the applicant). #SP June 12,

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