Urban Planning and Land Use

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: City Staff

Date: June 12, 2017

Re: Petition #SP-2017-35

GENERAL INFORMATION Applicant: Carmen Cabia Garcia

Status of Applicant: Representative El Tenedor KC, LLC

Requested Action: Special Use Permit

Date of Application: April 26, 2017

Purpose: To park food truck at residence

Property Location: 8130 Kaw Drive

Existing Zoning: R-1 Single Family District

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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: Single Family homes South: Single Family homes East: Single Family homes West: Single Family homes

Total Tract Size: 0.29 acre

Master Plan Designation: The City-Wide Master Plan classifies this property for low density residential use.

Major Street Plan: The City-Wide Master Plan classifies 8th Terrace as a local street.

Advertisement: The Wyandotte Echo – May 18, 2017

Letters to Property Owner – May 18, 2017 Public Hearing: June 12, 2017

Public Opposition: One neighbor has expressed opposition to the applicant.

PROPOSAL Detailed Outline of Requested Action: The applicant, Carmen Cabia Garcia, of El Tenedor KC, LLC, is requesting a Special Use Permit to park a food truck at her residence at 2932 South 8th Terrace.

City Ordinance Requirements: 27-592 through 27-606

FACTORS TO BE CONSIDERED

1. The Character of the Neighborhood.

The neighborhood is entirely of small lot single-family residences.

2. The zoning and uses of properties nearby and the proposed use’s expected compatibility with them.

The zoning and their uses are set out above. While a commercial operation and food truck are not technically allowed in R-1 districts, as this is a converted RV, the storage of the vehicle could be seen as temporarily compatible.

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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 property is suitable for the proposed use and 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 will not result in increasing the amount of vehicular traffic to the point where it exceeds the capacity of the street network 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 only necessary for the applicant while she grows her business and finds a more permanent storage solution.

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 is not expected to cause excessive noise, vibration, dust, or illumination that would be problematic for near-by property owners.

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.

This is not applicable.

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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.

This is not applicable.

PREVIOUS ACTIONS None NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on May 25. Three people were in attendance; no opposition was recorded.

KEY ISSUES Length of Use

STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments:

1. If approved, special use permit shall be valid for a period of two (2) years

2. If approved, no signage is permitted on the property advertising the business

3. If you operate the food truck in Kansas City, Kansas, you must submit a Mobile Vending Agreement (attached) and obtain a KCK business license

Public Works Comments:

None

STAFF RECOMMENDATION

Staff recommends that the Board of Commissioners make the findings contained within the staff report related to Factors to be Considered, and Key Issues and recommends APPROVAL of Petition #SP-2017-35 subject to all comments and suggestions outlined in this staff report.

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ATTACHMENTS

Zoning map Aerial image of property Letter from applicant Photos submitted by applicant Petition in support Mobile Vending Agreement form

REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing June 12, 2017 June 29, 2017 Special Use STAFF CONTACT: Jamie Hickey jhickey@wycokck.org

MOTIONS

I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL of Petition #SP-2017-35 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: 1. ; 2. ; And 3. _. OR I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP-2017-35, 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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