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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: September 9, 2021 Re: Petition SP2021-065 GENERAL INFORMATION Applicant: Adrienne & Randy Bortz DBA Bortz Property Investment, LLC Status of Applicant: Property Owner 9832 Outlook Drive Overland Park, KS 66207 Requested Action: Application for a Special Use Permit for a Short- Term Rental Date of Application: August 10, 2021 Purpose: To begin operating a short-term Rental. This is not the applicant’s primary residence. Property Location: 4138 Lloyd Avenue Kansas City, Kansas 66103 SP2021-65 September 13, 2021 1
Commission Districts: Commissioner At Large: Melissa Bynum
District Commissioner: Christian Ramirez
Existing Zoning: R-1(B) Single Family District
Adjacent Zoning: North: R-1 Single Family District
South: R-1 Single Family District
RP-5 Planned Apartment
East: R-1 Single Family District
West: R-1 Single Family District
Adjacent Uses: North: Single Family Homes (Vacant Lot)
South: Single Family Homes
Planned Apartment
East: Single Family Homes
West: Single Family Homes
Total Tract Size: 0.16 Acre
Master Plan Area: Rosedale Area Plan
Master Plan Designation: The City-Wide Master Plan designates this area as
Residential Low-Density.
Major Street Plan: The Major Street Plan classifies Lloyd Street as a
Local Street.
Parking Requirements: Section 27-454(e) requires two (2) off-street parking
spaces shall be provided on the premises for each
single-family dwelling, one (1) of which must be in a
carport or garage.
Advertisement: The Wyandotte Echo – August 19, 2021
Letters to Property Owner – August 19, 2021
Public Hearing: September 13, 2021
Public Support: None to date.
Public Opposition: None to date
PROPOSAL
Detailed Outline of Requested Action: The applicant, Adrienne & Randy Bortz DBA
Bortz Property Investment, LLC, is seeking approval for the operation of a short-term
rental at 4138 Lloyd Avenue. This is not the applicant’s primary residence. The
applicant owns the LLC in which the property is titled and has been in business since
2019. The applicant and her husband will co-manage the property. The applicant will
not be living at the property and will operate the property through an off-site office. The
SP2021-65 September 13, 2021 2
owner has registered the property with the rental office and obtained an inspection at
the time of purchase.
City Ordinance Requirements: 27-592 through 27-606
Code Enforcement History: There was one violation in 2016 for weeds and vegetation
and one similar violation in 2019. Both were with previous owners and not the applicant.
FACTORS TO BE CONSIDERED
1. The Character of the Neighborhood.
The neighborhood is residential in nature, comprised of single-family homes,
duplexes, and three-story apartment complexes. There are a few vacant lots
near the property
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 compatible if
properly managed. Operating this property as a short-term rental has the
potential to create issues related to noise, parking, and other concerns related to
overcrowding. There are no apparent short-term rentals within 200 feet. There
are three (3) rentals but appear to be for long term use.
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. The property could be
suitable for use as a short-term rental if properly managed. Removal of the
restrictions that require a Special Use Permit for such activities has the potential
to create issues such as parking, excessive noise, and overcrowding.
4. The length of time the property has remained vacant as zoned.
This property is currently vacant. It is an existing single-family residence, and the
applicant is making general property repairs while waiting on approval of the SUP
application. The applicant purchased the property on July 8, 2021.
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 a single-family home. Single-family homes are
allowed but require a Special Use Permit to function as a business for a short-
term rental.
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.
SP2021-65 September 13, 2021 3
The proposed use has the potential to increase vehicular traffic but should not
exceed the capacity of the current conditions to accommodate it if managed
properly, while it functions as a short-term rental. Guests of short-term rentals
tend to travel more throughout the area, as they are typically visitors or tourists.
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 provides a convenience to the public in the form of temporary
lodging. If managed properly, the continued use of the property will not
substantially nor permanently injure the appropriate use, visual quality, or
marketability of adjoining property as it the proposed use operates entirely within
an existing single-family residence.
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.
Noise is an issue that is related to short-term rentals. There have not been
any noise complaints as of date with the current applicant, as this is a new
application.
9. Whether the proposed use will pollute the air, land, or water.
The proposed use will not pollute the air, land, or water as it is an existing,
permitted single family residence.
10. Whether the use would damage or destroy an irreplaceable natural
resource.
The proposed use will not damage or destroy an irreplaceable natural resource
as it is an exiting single-family residence in a built-out neighborhood.
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 it only provides the convenience of lodging with some economic
benefit. If denied, the landowner could not use the property as a short-term
rental but may still use the property as a long-term rental, their primary
residence, or sell the property.
12. Whether the proposed use would result in overcrowding of land or cause
undue concentrations of population.
The proposed use will not create issues of overcrowding as it operates within an
existing structure on the site. The maximum number of guests allowed at one
SP2021-65 September 13, 2021 4
time is four (4). If the applicant abides by the outlined conditions, undue
concentrations of population should not be an issue.
PREVIOUS ACTIONS
None as this is a new application. A rental inspection has been requested by the
applicant, CMP21-1969.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting on via mailed response with a letter mailed
on August 16, 2021 wit responses due on or before September 1, 2021.
KEY ISSUES
Noise
Parking
Occupant Safety
Neighborhood Character
STAFF COMMENTS AND SUGGESTIONS
Planning and Urban Design Comments:
1. Provide a detailed description of the areas rented for short-term rental.
Applicant Response: Full home to be rented
2. How many rooms are rented? Provide a scaled floor plan of the unit.
Applicant Response: Two bedrooms with two occupants (max) each. Floor
plan in attachments.
3. Provide updated site pictures of the property and a scaled site plan.
Applicant Response: Floor and Site Plan in attachments, pictures in
attachments
4. What is the maximum number of vehicles allowed and where will they
park? Indicate guest parking on the site plan.
Applicant Response: Two vehicles in the off-street parking drive
5. What is the maximum number of people that will be staying at any one
time?
Applicant Response: Four
SP2021-65 September 13, 2021 5
6. What is the projected annual occupancy rate for this listing?
Applicant Response: 70-80%. Owners will visit and inspect the property
during periods of vacancy
7. Who will be the designated property manager? Explain the details of this
arrangement. What is their contact information? Provide the contact
information to the neighbors within the notice area.
Staff Summary: Adrienne and Randy will co-operate the property under
Adrienne’s LLC, with AirBnB hosting the listing and providing additional
business/operational support. Their information is provided above and is
on the distribution letter for neighborhood comment.
8. How will you communicate with the neighbors if there are any issues?
Staff Summary: The applicant has the communication list from preliminary
notice and indicated residents are welcome to communicate with them by
any means, via email/text/in person/phone.
9. Do you have a Business License/Occupational Tax Receipt from the Unified
Government?
Applicant Response: Yes.
10. How will you pay appropriate Kansas State Lodging Taxes? Does AirBNB
or other short-term rental company deduct and pay these taxes?
Applicant Response: Air BnB will manage the property’s taxes as part of
their brokerage and contracting fees
11. Indicate how you will maintain the property in a safe and sanitary manner,
including:
a. Working smoke detectors in each bedroom plus each level of the
unit/house
Applicant Response: Annual testing as part of rental inspection,
general maintenance, and property supervision
Staff Response: Staff requested additional smoke detection in the
kitchen as well as CO2 detection in the mechanical/basement area.
Applicant agreed to provide and provided pictures indicating its
installation.
SP2021-65 September 13, 2021 6
b. GFCI outlets required in bathrooms
Applicant Response Annual testing as part of rental inspection,
general maintenance and property supervision. Applicant indicated
that there are currently acceptable GFCI outlets in the kitchen and
bathrooms; the GFCI in the basement as noted in the inspection
will be repaired to satisfactory condition prior to occupancy.
Staff Response: Applicant provided photos indicating that the outlet
direct-wired to the electrical panel had been corrected and that the
GFCI outlets in other areas were present.
c. Double keyed locks are not allowed
Applicant Response: We will use a smart lock in lieu of double-key
lock
d. Copper cannot be used for gas supply lines
Staff Response: Some copper appears to exist in conjunction with
CSST per inspection report, however the general intent is to
provide that the gas service is safe, serviceable, and not a danger
to habitants. The presence of copper gas lines does not necessarily
indicate a hazard. In lieu of completely renovating the property to
remove any copper gas lines, the applicant has agreed to address
the items listed in the inspection report pertaining to existing gas
service/CSST by a licensed plumbing professional. Upon
completion of the gas service line repair, the applicant provided a
receipt from the mechanical & plumbing contractor indicating the
repair is completed to a safe mannerism.
e. Windows must be operable, not blocked or boarded
Applicant Response: Windows are operational.
f. Handrails are required at sets of 4 or more stairs/ risers
Staff Response: Applicant agreed to make the repairs for the
stairwell leading to the basement due to concerns of fall hazard.
Applicant provided a photo indicating that adequate handrail
support has been provided. Stairs from the main level to the
upstairs appear to be in a general safe condition.
SP2021-65 September 13, 2021 7
g. Hot water tank and furnace must be vented properly and operational
Staff Response: The applicant’s hot water tank is electric (no
ventilation needed)
Staff Response: The applicant’s furnace was indicated to have an
improperly vented connection. The violation on the report relates to
the positioning of the vent being directly under a window. Given that
the furnace unit is a high efficiency unit with minimal exhaust fumes
and that the occupants are staying only short term, this should be a
very minimal impact on the occupants’ safety.
h. Electric panel and circuits must be safe; and
Staff Response: No major violations were indicated on the
inspection report apart from the GFCI outlet which has been
corrected as indicated.
i. Facility cleaned and sanitized after each guest check-out.
Applicant Response: This will be completed as part of normal
operations.
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) 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
Business License Comments:
None at this time.
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 SP2021-065 subject to all comments and
suggestions outlined in this staff report, and summarized by the following conditions:
a. The maximum number of guests, which has been deemed
appropriate for the available accommodations shall be four (4);
SP2021-65 September 13, 2021 8
b. Guest parking must be provided off-street. Maximum number of
guest parking shall be two (2);
c. Parking must take place off-street. If this is not feasible, the applicant
must prove why it is not. Maximum number of guest vehicles shall be
two (2);
d. 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;
e. Applicant must keep a current annual Business License/Occupation
Tax Receipt and Kansas State Lodging Tax;
f. Applicant must post a copy of the Ordinance granting permission to
operate the short-term rental, the expiration date of the Special Use
Permit, a copy of the Occupational Tax Receipt, and the property
manager’s contact information within the entrance of the area that is
rented;
g. Must provide a manual/welcome packet that lists all rules, including
“No Parties, etc.” This manual must inform guests that the Unified
Government enforces this policy. Include the contact information for
Host Compliance:
913-246-5133 www.hostcompliance.com/tips ;
h. 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,
i. 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.
SP2021-65 September 13, 2021 9
ATTACHMENTS
Google Map Frontage Photo
Floor & Site Plan Provided by Applicant
Realtor.com Photos from Home Purchase
Neighborhood Zoning Map
Neighborhood Rental Map
Home Inspection from purchase (snippets provided here, full report available if
necessary)
Applicant supplied photos of repairs
Receipt for Repairs – Anthony Plumbing - Electrical and Gas
REVIEW OF INFORMATION AND SCHEDULE
Action Planning Commission Unified Government Commission
Public Hearing September 13, 2020 September 30, 2021
Special Use
STAFF CONTACT: Kallie McLaughlin, Planner
kdmclaughlin@wycokck.org
MOTIONS
I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL
of Petition #SP-2021-65, 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. ________________________________________________________.
OR
I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of
Petition #SP-2021-65, 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.
SP2021-65 September 13, 2021 10GOOGLE MAP FRONTAGE PHOTO SP2021-65 September 13, 2021 11
FLOOR & SITE PLAN PROVIDED BY APPLICANT REALTOR.COM PHOTOS FROM HOME PURCHASE SP2021-65 September 13, 2021 12
SP2021-65 September 13, 2021 13
SP2021-65 September 13, 2021 14
HOME INSPECTION REPORT FROM PURCHASE SP2021-65 September 13, 2021 15
NEIGHBORHOOD ZONING MAP NEIGHBORHOOD RENTAL MAP SP2021-65 September 13, 2021 16
PHOTOS OF REPAIRS PROVIDED BY APPLICANT SP2021-65 September 13, 2021 17
PHOTOS OF REPAIRS PROVIDED BY APPLICANT (CONT’D) SP2021-65 September 13, 2021 18
PHOTOS OF REPAIRS PROVIDED BY APPLICANT (CONT’D) SP2021-65 September 13, 2021 19
PHOTOS OF REPAIRS PROVIDED BY APPLICANT (CONT’D) SP2021-65 September 13, 2021 20
PHOTOS OF REPAIRS PROVIDED BY APPLICANT (CONT’D) SP2021-65 September 13, 2021 21
RECEIPT FOR REPAIRS – ANTHONY PLUMBING – ELECTRIC AND GAS SP2021-65 September 13, 2021 22
RECEIPT FOR REPAIRS – ANTHONY PLUMBING – ELECTRIC AND GAS (CONT’D) SP2021-65 September 13, 2021 23
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