#SP-2018-87 November 13, 2018 1

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: November 13, 2018 Re: Petition #SP-2018-87 GENERAL INFORMATION Applicant: Clifford Dale Status of Applicant: Representative Tom Irish PO Box 12541 Kansas City, Kansas Requested Action: Approve renewal and combine two previous special use permits Date of Application: September 28, 2018 Purpose: To continue to bring earthen fill to and regrade the site for future development Property Location: 5700, 5737, 5831, 5831R, 5832, 5841 and 5900 State Avenue. 1007 North 57th Street 1204 and 1215 North 59th Street Existing Zoning: RP-5 Planned Apartment District and R-1 Single Family District

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Existing Surrounding Zoning: North: CP-0 Planned Nonretail Business and RP-5

Planned apartment Districts South: R-1 Single Family District East: CP-1 Planned Limited Business, CP-2 Planned

General Business and R-1 Single Family Districts

West: CP-3 Planned Commercial, AG Agricultural and R-1 Single Family District

Existing Uses: North: Kansas City High School South: Undeveloped residential area East: Lightly developed residential West: A Mosque and mobile home park Total Tract Size: 39.2 acres Master Plan Designation: The City-Wide Master Plan designates this property as Mixed Use and Floodway Major Street Plan: The City-Wide Master Plan classifies 57th Street and State Avenue as Class A thoroughfares Advertisement: The Wyandotte Echo – October 18, 2018

Letters to Property Owner – October 17, 2018

Public Hearing: November 13, 2018 Public Opposition: Email received opposing on 10/22/2018 (see attached below) PROPOSAL Detailed Outline of Requested Action: The applicant, Clifford Dale, is looking to renew two special use permits and combine them into one. They are hoping to continue operating out of their current earthen fill site to meet the grades at State Avenue and potentially attract future development to the properties. City Ordinance Requirements: 27-592 through 27-606 FACTORS TO BE CONSIDERED

1. The Character of the Neighborhood.

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This area of the city is mostly undeveloped. There are residential neighborhoods to the west and to the North. Kansas City Kansas High School football stadium is directly to the north. To the east is undeveloped land and beyond that are more residential neighborhoods.

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

The zoning of properties and their uses are set out above. The proposed land use is not relatively compatible with surrounding zoning and 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.

The removal of the restrictions could detrimentally affect nearby property, but to bring the grades down to State Avenue, earthen material must be removed

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

The properties have been vacant since at least 1997 based on aerial photography.

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 result in an increase in truck traffic along State Avenue and 57th and 59th Streets

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. If erosion control measures are not continued to be taken, this could injure the 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.

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Noise, dust and mud are typically associated with dirt fills and site grading. This could pose problems for surrounding property. However, this fill site has had a special use permit since 2013 and there haven’t been any issues as of late.

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

The proposed use should 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 individual 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 populations

PREVIOUS ACTIONS Approval of SP-2015-72 Approval of SP-2015-74 NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on October 29, 2018; attached are the minutes and sign-in sheet from the meeting. KEY ISSUES Erosion Control (see Conservation District attachment, SP-2015-72 plan attachment) Rubble exceeding 1 cubic foot (SUP-2013-5 stipulation stating it WILL NOT exceed 1 cubic foot) STAFF COMMENTS AND SUGGESTIONS Urban Planning and Land Use Comments:

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1. At the time of your 2015 approval, you stated you needed 5 more years from that date to complete the project. Are you still in line with completing the project within the next 2 years?

Applicant Response: While we have made significant progress, we will probably not be complete in the next two years. The speed at which we get done is dependent on:

i. Earth moving projects being done by others in the area. When they have excess clean material and need a place to take we make progress.

ii. Projects of our own that generate clean fill. My best guess is that it will take another 5 years depending on work available.

2. You stated in your letter you have received complaints from your neighbors to the west, what were these complaints? How have you approached resolving these complaints?

Applicant Response: Our neighbor to the west does not want our project to move forward. He has made many complaints that we are operating outside of our allowed hours. This site includes an ongoing equipment repair business, so there are trucks and equipment coming and going all hours of the day, as has been the case since the 1980’s. We do not work on the fill outside of our permitted hours. All of our employees know the limits and observe them. We haven’t had complaints for some time.

3. What are peak hours of operation throughout the day?

Applicant Response: We are limited in our present hours of operation by the standing special use permit. We have missed many opportunities to receive material because the construction and excavation industry starts early in the morning and many times works on Saturday. We are forced to turn away good clean fill because we can’t receive when the supplier is ready to deliver. We are not asking for sweeping changes. Our request is for hours of 7:00 am to 6:00 pm, Monday through Saturday. We have demonstrated over the last 4 years, that we don’t create traffic problems and we keep the street clean. If you compare our operations to others in the country, we are, by far, the cleanest and least disruptive.

4. Please provide updated plans showing progress in grading.

Applicant Response: Please refer to page 13 of your document. You have full sized versions of these plans. The drawing on the top of page 13 is the north side of State Avenue. The area outlined in blue by our engineer has been raised to the level of State Avenue and has been seeded.

Public Works Comments: A) Items that require plan revision or additional documentation before engineering can

recommend approval: 1) None

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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 Following complaints by neighbors, staff visited the site and found violations of the previous approvals. Applicant has failed to comply with the standards that were set before them for acquiring their special use permit; specifically, the maintaining of a perimeter silt fence, construction entrance and other erosion control measures. Due to this failure of compliance, staff recommends the denial of this petition. 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-2018-87 subject to all comments and suggestions outlined in this staff report.

ATTACHMENTS Aerial photo Zoning photo Letter Site Photos Site Plans Site Plan from SP-2015-72 Site Inspection Photos (11/1/2018) Meeting Minutes Public Opposition E-Mail Applicant response to public opposition Conservation District Comments REVIEW OF INFORMATION AND SCHEDULE Action Planning Commission Unified Government Commission Public Hearing November 13,2018 November 29,2018 Special Use

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STAFF CONTACT: Alex Hufft AHufft@wycokck.org

MOTIONS I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of Petition #SP-2018-87, 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-2018-87 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. ________________________________________________________.

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