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: July 10, 2017 Re: Petition #SP-2017-38 GENERAL INFORMATION Applicant: Russell Pile Status of Applicant: Owner 2911 North 81 st Street Kansas City, KS 66109 Requested Action: Approval of Special Use Permit Date of Application: April 28, 2017 Purpose: To sell produce cultivated on the property and temporarily keep a storage container while repairing the garage Property Location: 2911 North 81 st Street Existing Zoning: R-1 Single Family District #SP-2017-38 July 10, 2017 1
Existing Surrounding Zoning: North: C-1 Limited Business and R-1 Single Family Districts 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 and vacant land Bethel Presbyterian Church Single family homes Single family homes Total Tract Size: 2.70 acres 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 and Roswell Avenue as local roads Advertisement: The Wyandotte Echo May 18, 2017 and June 18, 2017 Letters to Property Owner May 18, 2017 and June 6, 2017 Public Hearing: July 10, 2017 Public Opposition: Staff has received a phone call and letter in opposition to the keeping of the storage container on the property, which is located in the attachments. PROPOSAL Detailed Outline of Requested Action: The applicant, Russell Pile wants to sell produce cultivated on this property located at 2911 North 81 st Street on 2.70 acres in addition to temporarily keep a storage container on the property to store equipment while repairing the garage. City Ordinance Requirements: 27-592 through 27-606 Code Enforcement Action: Code Enforcement has issued two citations: May 5, 2017 Inspector Robert Morgan found that the residents are operating an auto body shop. Inspector Morgan is investigating the matter further. March 28, 2017 Cited for having a storage container on the property. Notice of violation sent to applicant on March 29, 2017. #SP-2017-38 July 10, 2017 2
FACTORS TO BE CONSIDERED 1. The Character of the Neighborhood. The character of the neighborhood is comprised of single family homes. There is a vacant commercial building and undeveloped land in the rear directly north of the property in question. Bethel Presbyterian Church is across the street, south of Roswell Avenue. 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 container to the property line and adjacent residences, the temporary nature of the structure should not cause an issue for nearby properties. 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 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 of adjoining property because the keeping of the storage container is temporary while the applicant is repairing the garage. There are serious concerns about the auto repair operation that is occurring on the property. #SP-2017-38 July 10, 2017 3
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. Additionally, the keeping of the storage container will not cause problems for nearby property related to noise, vibration, dust, or illumination. 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. 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 27, 2017. According to the applicant, those who attended the meeting were not in opposition. KEY ISSUES Duration of the storage container kept on the property #SP-2017-38 July 10, 2017 4
STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments: 1. Auto body repair is not permitted on residential property. A special use permit is required. This application must to be held over in order to republish the notice to include vehicle repair. Staff will not support such operations in residential districts. Applicant Response: There is no auto body repair being done on site. My tenant had two vehicles that had been wrecked on site. Those vehicles are no longer on the property. 2. Per Business Licensing Department: a. Is this for storage of work related equipment? Our office does not have any business filed as operating from this address. We do have on file, a Tree Trimming business owned by Russell Pile/R&R Enterprises, though they are delinquent and have not filed their occupation tax for this year. Applicant Response: The storage container is to store all of my gardening equipment (tractor, tiller, weed eaters, log splitter). My company will not be using this property to store equipment. 3. The purpose of the storage container is to keep equipment and items secure while you are repairing your garage. How long do you intend to keep the container on the property and how long will it take to complete your repairs? Applicant Response: I am completely remodeling the garage area. I am expecting it to take approximately one year. 4. The application states that it is your intent to sell produce, primarily to get locally grown, organic vegetables in the community. Are you planning on selling at farmer s markets, at your residence, and/or roadside stands? Applicant Response: I intend to sell the produce on the property. 5. Please describe the day-to-day operation of your garden operation? Once the produce to picked, how will you sell them within the community? Applicant Response: Once the produce is picked, I plan on washing the produce then placing it in a basket to sell on the property. 6. Based on the site plan, twenty-five (25) trees are proposed to be planted. What species are you going to plant? Applicant Response: I have planted 5 pear trees, 5 apple trees, 5 cherry trees, 5 peach trees, and 5 plumcot trees. #SP-2017-38 July 10, 2017 5
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 Conclusion: The applicant has indicated to staff that the storage container will be permanently removed from the property on July 7, 2017 by A-1 Rentals, however after this staff report will be distributed to the City Planning Commission. Staff does not support the continued presence of storage containers on residentially zoned property. Additionally, the applicant stated on the phone to staff that they will sell produce during the weekends, Saturdays and Sundays for 5-6 hours. There is simply not enough time during the week. Mr. Pile will erect a 10 x 10 tent and place a temporary sign on the tent to indicate the vegetable stand is open. The tent will be promptly removed when he is not selling produce. If Mr. Russell Pile does indeed remove the containers, the special use permit for shipping container will be withdrawn yet because the applicant wants customers to buy produce on-site, he must have the special use permit because the property is not residentially zoned. Staff supports the applicant s operation of selling produce grown on the property. 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 DENIAL of Petition #SP-2017-38 subject to all comments and suggestions outlined in this staff report. ATTACHMENTS Applicant Response Letter Neighborhood Meeting Minutes Aerial Photograph Site Photograph Letter of Opposition #SP-2017-38 July 10, 2017 6
REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing July 10, 2017 July 27, 2017 Special Use STAFF CONTACT: Byron Toy, AICP btoy@wycokck.org MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP-2017-38, 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. OR I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #SP-2017-38 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 3.. #SP-2017-38 July 10, 2017 7
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Figure 1. Aerial photograph of 2911 North 81st Street (provided by the applicant). #SP-2017-38 July 10, 2017 12
Figure 2. Aerial photograph of 2911 North 81st Street with lateral field shown (provided by the applicant). #SP-2017-38 July 10, 2017 13
Figure 3. Site photograph of the 2911 North 81st Street looking southeast (provided by the applicant). #SP-2017-38 July 10, 2017 14
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