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 Commission City Staff Date: January 14, 2019 Re: Petition #SP-2019-2 GENERAL INFORMATION Applicant: Linda Siemens Status of Applicant: Applicant Cultivate KC 4223 Gibbs Rd Kansas City, KS 66106 Requested Action: Renewal of Special Use Permit Date of Application: November 20, 2018 Purpose: To keep six storage containers and a moveable high tunnel on the property for an urban farming program. Property Location: 1900 North 1 st Street Existing Zoning: RP-5 Planned Apartment District Existing Surrounding Zoning: North: RP-5 Planned Apartment District #SP-2019-2 January 14, 2019 1
South: RP-5 Planned Apartment District East: M-3 Heavy Industrial District West: RP-5 Planned Apartment District Existing Uses: North: South: East: West: Multi-family housing Multi-family housing Vacant land Vacant land Total Tract Size: 29.58 acres Master Plan Designation: The City-Wide Master Plan designates this property as Medium Density Residential. Major Street Plan: The City-Wide Master Plan classifies 1 st Street and Richmond Avenue as local roads. Advertisement: The Wyandotte Echo December 20, 2018 Letters to Property Owner December 14, 2018 Public Hearing: January 14, 2019 Public Opposition: None to date PROPOSAL Detailed Outline of Requested Action: The applicant, Linda Siemens of Cultivate Kansas City, is requesting renewal of a special use permit to continue the placement of two shipping containers along with four additional containers and a moveable high tunnel on the property to be used as a cooler and storage as part of Cultivate KC s urban farming and farmers market program. City Ordinance Requirements: 27-592 through 27-606 FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. The neighborhood is comprised primarily of vacant lots and multi-family housing. To the east of the site are several vacant industrial zoned lots. 2. The zoning and uses of properties nearby and the proposed use s expected compatibility with them. The zoning and uses are set out above. There are no compatibility issues with nearby properties. #SP-2019-2 January 14, 2019 2
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 will 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 is not expected to increase vehicular traffic. 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 is not necessary for the convenience and welfare of the public however it will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property. 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. This is not an issue. 9. Whether the proposed use will pollute the air, land or water. This is not an issue. 10. Whether the use would damage or destroy an irreplaceable natural resource. This is not 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. The containers are used as part of the Cultivate KC urban farming program, which offers a benefit to the community by teaching farming skills and providing income for low-income members of the community. A hardship would be created #SP-2019-2 January 14, 2019 3
for those who participate in the program. There would be no loss of public health, safety or welfare if approved. 12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population. This is not an issue. PREVIOUS ACTIONS This is a renewal of #SP-2016-97, which was approved for two (2) years. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on December 20, 2018. No one other than Cultivate KC staff was in attendance. KEY ISSUES None STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Approval for 2 (two) years. 2. When were the four additional storage containers, mentioned in the update letter, placed on site? When do you anticipate having them removed? Applicant Response: One of the containers was placed there in 2013, and another one placed right beside it, in 2016. There are no immediate plans to remove these, as they are providing secure storage for necessary program equipment. (Other storage attempts have resulted in loss by theft.) They were considered non-permanent since they are not anchored down. If Juniper Gardens Training Farm ceases programming, they will be removed. The others were placed there in the Spring of 2018, moved from our previous Gibbs Road Farm location. They are there temporarily until the completion of a Scaling Up Farm at another currently undetermined location, at which time they will be moved. We anticipate approximately one to two years. Staff Note: The approval of this special use permit application would be for all six (6) temporary storage containers on site. NOTE TO APPLICANT: Additional containers may not be placed without an additional special use permit. #SP-2019-2 January 14, 2019 4
3. Please provide photographs from 3 rd Street. Applicant Response: These photographs were taken on 1/2/19 from two different areas of 3 rd Street. Although much of 3 rd Street is residential housing, these were taken from two of the more open areas in between the housing. 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 #SP-2019-2 January 14, 2019 5
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-2019-2 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Zoning Map Aerial Image Update Letter Conservation District Comments Neighborhood Meeting Affidavit, Sign-in and Minutes REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing January 14, 2019 January 31, 2019 Special Use STAFF CONTACT: Kimberly Portillo kportillo@wycokck.org MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #SP-2019-2 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-2019-2, 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-2019-2 January 14, 2019 6
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