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Planning and Urban Design

701 North 7th Street, Room 423 Phone: (913) 573-5750 Kansas City, Kansas 66101 Fax: (913) 573-5796 Email: planninginfo@wycokck.org www.wycokck.org/planning To: City Planning Commission From: Planning and Urban Design Staff Date: October 12, 2020 Re: Petition #SP-2020-85 GENERAL INFORMATION Applicant: Jason Hussey Status of Applicant: Property Owner: 732 N 57th Street Kansas City, Kansas 66102 Requested Action: The approval of a Special Use Permit. Date of Application: August 28, 2020 Purpose: To grade and fill the property. Property Location: 732 N 57th Street Kansas City, Kansas 66102 Commission Districts: Commissioner At Large: Melissa Bynum

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District Commissioner: Dr. Jane Winkler Philbrook Existing Zoning: A-G Agriculture District Adjacent Zoning: North: R-1 Single Family District

South: R-1 Single Family District East: R-1 Single Family District

West: A-G Agriculture District Adjacent Uses: North: Single Family Homes South: Single Family Homes East: Single Family Homes West: Single Family Homes Total Tract Size: 8.13 Acres Master Plan Designation: The City-Wide Master Plan designates this area as

Low Density Residential. Major Street Plan: The Major Street Plan classifies 57th Street as a Class

A Thoroughfare. Parking Requirements: Sec. 27-454 states that two (2) off-street parking

spaces shall be provided on the premises for each single-family dwelling.

Advertisement: The Wyandotte Echo – September 17, 2020

Letters to Property Owner – September 16, 2020

Public Hearing: October 12, 2020 Public Support: None to date. Public Opposition: None to date. PROPOSAL Detailed Outline of Requested Action: The applicant, Jason Hussey, is seeking the approval of a Special Use Permit for earthen fill at 732 North 57th Street in order to make the land more useable. The plans indicate a fill volume of approximately 3,800 cubic yards of material that will disturb a total area of approximately 1.2 acres. There have been no Notices of Violation issued on this property. City Ordinance Requirements: 27-592 through 27-606 FACTORS TO BE CONSIDERED

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1. The Character of the Neighborhood.

The neighborhood is rural in nature, comprised of single-family homes on large lots and undeveloped land.

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. The proposed use is to grade the property. It would not be compatible with the uses of nearby properties if it was done incorrectly or if the future development conflicted with the nearby land uses.

3. The suitability of the property for the uses to which it has been restricted. Will removal of the restrictions detrimentally affect nearby property?

This property is suitable for use as a single-family home or for agricultural purposes. Removal of the restrictions that require a Special Use Permit for such activities has the potential to create issues such as erosion and runoff.

4. The length of time the property has remained vacant as zoned.

This property is not vacant. It is an existing single-family residence that is currently occupied by the applicant.

5. The degree of conformance of the proposed use to the Master Plan.

Special Use Permits are not addressed in the Master Plan. The City-Wide Master Plan designates this property as Low-Density Residential. The proposed use would conform to the Master Plan if the land was used for gardening, recreational purposes, or to build an accessory unit. It would not conform if it was being developed for a future subdivision.

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 temporarily increase vehicular traffic during the time that the work is being done but should not exceed the capacity of the Class A Thoroughfare to accommodate it.

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 reasonably necessary for the convenience and welfare of the public. It will not substantially or permanently injure the appropriate use, visual quality, or marketability of adjoining property if properly designed, constructed, and maintained.

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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 proposed use will create issues of noise, vibration, and dust during the time that the work is being done. The proposed use will not create issues of illumination if work is performed during daylight hours only. These issues will not be caused permanently.

9. Whether the proposed use will pollute the air, land or water.

The proposed earth fill will not pollute the air, land, or water if it is designed, constructed, and maintained properly and if the applicant adheres to the Planning Engineering comments and conditions.

10. Whether the use would damage or destroy an irreplaceable natural resource.

The proposed use could damage or destroy an irreplaceable natural resource if it is buried during the process of the land fill.

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 or loss to the public health, safety, and welfare is likely to be minimal as the proposal is to add earth and regrade the property. If denied, the landowner could not add the earth, but may still use the property as a single-family home with agricultural uses or may sell the property.

12. Whether the proposed use would result in overcrowding of land or cause undue concentrations of population.

The proposed use will bring in machinery and workers who will park on-site. This may cause issues of overcrowding based on where they park and may cause undue concentrations of population if there are too many workers. These conditions will only be temporary.

PREVIOUS ACTIONS None

NEIGHBORHOOD MEETING In lieu of an in-person neighborhood meeting, the applicant sent a letter to neighboring property owners on September 20, 2020 which included his contact information. One (1) neighbor responded and asked questions. No support or objection was given.

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KEY ISSUES Runoff Noise Dust Vibration Erosion STAFF COMMENTS AND SUGGESTIONS Planning and Urban Design Comments:

1. Provide updated photos of the site and the areas intended for the proposed earth fill.

Staff Comment: Applicant has provided a current photo of the site.

2. Read and respond to the Planning Engineering Comments. Staff Comment: Applicant has reviewed and responded to Planning Engineering Comments.

3. What type of equipment/machinery will be used to conduct the grading? Applicant Response: Dump trucks will unload the material in the project site. When enough material has been stockpiled an earthwork contractor will be hired to grade the site. I anticipate their equipment will be a bulldozer.

4. What is the schedule for the grading operation? Applicant Response: The schedule of the grading operation would be within the time period of the Special Use Permit and when the ground is not frozen or contain excessive moisture.

5. How will you communicate with the neighbors if there are any issues?

Applicant Response: We will communicate with neighbors by phone call, in-person, or regular mail, depending on the issue.

6. Subject to approval, a $125.00 ordinance publication fee must be submitted to

the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper.

Applicant Response: Acknowledged.

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7. The Special Use Permit is not valid for the approved use to be in operation until

all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations.

Applicant Response: Acknowledged.

Planning Engineering Comments: A) Items that require plan revision or additional documentation before engineering can

recommend approval: 1) None.

B) Items that are conditions of approval: 1) Construction plans shall meet UG standards and criteria and shall be reviewed

and approved by UG prior to construction permit acquisition. C) Comments that are not critical to engineering’s recommendations for this specific

submittal, but may be helpful in preparing future documents: 1) None.

Business License Comments: Contractors involved in this fill will need to file and maintain a current business occupation tax application with this office. Conservation District Comments: See Attached. 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-2020-85 subject to all comments and suggestions outlined in this staff report, summarized by the following conditions:

1. The Special Use Permit is not valid for the approved use to be in operation until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations;

2. Any contractor must have a valid business license before operation begins;

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3. Subject to approval, a $125.00 ordinance publication fee must be submitted to the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper; and,

4. The Special Use Permit shall be valid for one (1) year from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

ATTACHMENTS Zoning Map Aerial Map Site/Grading Plans Conservation District Comments Planning Engineering Comments Neighborhood Meeting Documentation Photograph of Property Submitted by Applicant REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing October 12, 2020 October 29, 2020 Special Use STAFF CONTACT: Shana Shanteau sshanteau@wycokck.org MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #SP-2020-85 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:

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1._________________________________________________________;

2. _____________________________________________________; And

3. ________________________________________________________. OR I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP-2020-85 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.

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Zoning Map:

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Aerial Map:

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Neighborhood Meeting:

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Photograph of Property Submitted by Applicant:

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