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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: May 10, 2021 Re: Petition SP2021-015 GENERAL INFORMATION Applicant: Daniel Castillo Status of Applicant: Representative The Mockingbird Lounge 204 Orchard Street Kansas City, Kansas 66101 Requested Action: Renewal of Special Use Permit SP-2019-21, which expired on 3/28/2021. Date of Application: February 26, 2021 Purpose: For the continued use of a drinking establishment with live entertainment. Property Location: 204 Orchard Street Kansas City, Kansas 66101 Commission Districts: Commissioner At SP2021-015 May 10, 2021 1
Large: Tom Burroughs
District #2 Commissioner: Brian McKiernan
Existing Zoning: C-1 Limited Business District
Adjacent Zoning: North: R-1(B) Single Family and R-2(B) Two Family
Districts
South: R-1(B) Single Family District
East: R-1(B) Single Family District
West: R-1(B) Single Family District
Adjacent Uses: North: Single Family and Two-Family Homes
South: Single Family Homes
East: Single Family Homes, a Vacant Lot, and
Interstate I-35
West: Single Family Homes
Total Tract Size: 0.06 Acre
Master Plan Area: Central Area Master Plan
Master Plan Designation: The Central Area Master Plan designates this area as
Urban Density. This allows for a mix of detached and
attached residential such as single-family homes, town
homes, duplexes, triplexes, fourplexes, etc., and institutional
uses such as schools, churches, and libraries.
Major Street Plan: The Major Street Plan classifies Orchard Street as a Local
Street.
Parking Requirement: Section 27-464 states that uses in this district require paved,
off-street parking spaces at a ratio of not less than four (4)
spaces per 1,000 square feet of floor area in the building.
The required parking spaces is 44; 38 are for the bar and
patio area, four (4) are for the storage
spaces/bathrooms/etc. and two (2) are for the residence
upstairs. BOZA #2228 was granted on 12/12/2016 which
allowed for zero off-street parking spaces.
Advertisement: The Wyandotte Echo – April 15, 2021
Letters to Property Owner – April 16, 2021
Public Hearing: May 10, 2021
Public Support: None to date.
Public Opposition: None to date.
SP2021-015 May 10, 2021 2
PROPOSAL
Detailed Outline of Requested Action: The applicant, Daniel Castillo, is seeking the
renewal of SP-2019-21 to operate The Mockingbird Lounge drinking establishment and
live entertainment. The establishment was originally granted Special Use Permit SP-
2016-100 to operate a drinking establishment in 2017. Live entertainment was added
with the renewal, SP-2019-21. The required parking spaces is 44; 38 are for the bar and
patio area, four (4) are for the storage spaces/bathrooms/etc. and two (2) are for the
residence upstairs. BOZA #2228 was granted on 12/12/2016 which allowed for zero off-
street parking spaces.
City Ordinance Requirements: 27-592 through 27-606
Code Enforcement History: There have been four (4) Notices of Violation issued on this
property. One (1) for weeds and grass in 2014, one (1) for weeds and grass in 2015,
one (1) for junk and excessive trash in 2015, and one (1) in 2019 for live entertainment
without the required Special Use Permit.
FACTORS TO BE CONSIDERED
1. The Character of the Neighborhood.
The property is located in the Strawberry Hill Neighborhood. The area is primarily
residential in nature, however, there are several small commercial businesses
throughout the neighborhood at small-scale nodes.
2. The zoning and uses of properties nearby and the proposed use’s expected
compatibility with them.
Most nearby properties are residential in nature, but there are several
commercial businesses within a block of this location at 6th Street. The proposed
use is compatible with nearby residential and commercial uses if managed
properly.
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 small commercial business or mixed-use
building. The property could be suitable for the proposed use if properly
managed. The business has had no noise complaints during its time operating as
The Mockingbird Lounge. 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.
SP2021-015 May 10, 2021 3
This property is not vacant. It has been occupied by The Mockingbird Lounge
since 2017.
5. The degree of conformance of the proposed use to the Master Plan.
The Central Area Master Plan designates this area as Urban Density. This allows
for a mix of detached and attached residential such as single-family homes, town
homes, duplexes, triplexes, fourplexes, etc., and institutional uses such as
schools, churches, and libraries. The proposed use does not conform to the
Central Area Master Plan as it is for a small commercial business rather than a
residence.
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 inherently increase traffic in the area; however, the
business has been in operation since 2017 and has not exceeded the capacity of
the street network to accommodate it. It is not expected that traffic will increase
beyond what it has been since 2017. There have been no reported parking
issues in the immediate vicinity.
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.
If managed properly, this establishment will be an amenity to the neighborhood
and provide a gathering space for the public. The proposed use will not
substantially or permanently injure the appropriate use, 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.
The proposed use has the potential to cause issues related to noise, vibration,
and illumination if not managed properly. The Mockingbird Lounge has been in
operation since 2017 and has not had any neighborhood complaints thus far.
Dust is not expected to be an issue.
9. Whether the proposed use will pollute the air, land or water.
The proposed use is not expected to pollute the air, land, or water as it is an
existing commercial business in a built-out neighborhood.
10. Whether the use would damage or destroy an irreplaceable natural
resource.
SP2021-015 May 10, 2021 4
The proposed use will not damage or destroy an irreplaceable natural resource
because it is an existing building 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 entertainment with some
economic benefit. If denied, the landowner could not use the property as a
drinking establishment with live entertainment but may use the property as a
small commercial business or sell the property.
12. Whether the proposed use would result in overcrowding of land or cause
undue concentrations of population.
Adding live entertainment does increase the likelihood and frequency of potential
overcrowding as it relates to parking and concentrations of population with live
entertainment. The proposed use may create issues of overcrowding of land or
undue concentrations of population if not managed properly. There have been no
issues reported during the time that this business has been in operation.
PREVIOUS ACTIONS
SP-2016-100
BOZA #2228
SP-2019-21
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting via Zoom on March 29, 2021. Attached is
the letter sent to the neighbors. The applicant states that no one came. They were
unable to submit additional documentation due to technical issues.
KEY ISSUES
Illumination
Noise
Traffic
Parking
STAFF COMMENTS AND SUGGESTIONS
Planning and Urban Design Comments:
SP2021-015 May 10, 2021 5
1) Provide updated photographs of the site.
Staff Response: The applicant provided updated photographs of the site. They
are attached below.
2) Have there been any issues with neighborhood complaints such as parking or
noise?
Applicant Response: We have not had any complaints about noise or parking.
Everyone has been very nice and understanding.
3) What are The Mockingbird Lounge’s hours of operation?
Applicant Response: We typically operate from 11:00 a.m. until 12:00 a.m. or
2:00 a.m.
4) How often does the Mockingbird Lounge plan to host live entertainment?
Applicant Response: We host live events once or twice a week.
5) Describe the live entertainment events you host at this location. Include
frequency of events, typical number of attendees and noise level.
Applicant Response: We have weekly Comedy open mics and a Karaoke night
which both bring in about 30 people or less.
6) Are amplified speakers used outside on the patio? If so, what hours and days are
they used?
Applicant Response: We have not used speakers outside yet, but due to
COVID we will be having the events outdoors and also plan to keep the events
two (2) or three (3) hours long from 8:00 p.m. until 10:00 p.m. or 11:00 p.m.
Staff Response: The property is located within a residential area. While outdoor
events help to decrease the spread of Covid-19, noise may negatively affect
neighboring residents. Staff recommends that live entertainment be conducted
wholly within the building.
7) What is the maximum number of guests you allow at one time?
Applicant Response: We allow 49 guests per our fire rating.
8) Provide an updated security plan.
Applicant Response: We are using ADT as our security and have 8 working
cameras on the premises. We also hire security guards for larger events.
SP2021-015 May 10, 2021 6
9) Must comply with Unified Government Security Ordinance:
a. Must have at least one (1) security guard stationed at the door at all times
that is able to monitor any required parking area. Additional security
guards may be required depending on the building capacity;
b. Patrons are not allowed to loiter in their vehicles. If so determined, they
will be asked to leave;
c. An I.D. scanner will be used at all times;
d. Patrons will be subject to search upon entry of the facility;
e. One (1) security personnel will be stationed inside the facility and one (1)
monitoring all other areas; and,
f. At closing time, all security members will begin from a designated area to
move patrons towards the exit and then to their vehicles.
g. At least three (3) or more security personnel are required to fill the roles as
described above.
10) Have you been in compliance with all conditions of approval outlined in SP-2019-
21, which are:
a. The windows and doors shall remain closed during any live entertainment
events that increase the noise volume above normal bar operations;
b. An I.D. card reader shall be used while live entertainment events are
occurring;
c. The second-floor residential use must remain up to code and be properly
licensed if used for rental property; and,
d. Must comply with Unified Government security ordinances.
Applicant Response: Yes, we have been in compliance with SP-2019-21.
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:
All Occupation Tax applications and Licenses must be kept current.
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 SP2021-015 subject to all comments and
suggestions outlined in this staff report.
SP2021-015 May 10, 2021 7
1) Live entertainment shall stop by 11:00 p.m.
2) No live entertainment is allowed on the patio;
3) The windows and doors shall remain closed during any live entertainment
events that increase the noise volume above normal bar operations;
4) The second-floor residential use must remain up to code and be properly
licensed if used for rental property;
5) Must comply with Unified Government Security Ordinance:
a. Patrons are not allowed to loiter in their vehicles. If so determined,
they will be asked to leave;
b. An I.D. scanner will be used at all times;
6) This property is within the historic environs of the Mathias Splitlog
Residence. Due to this, any exterior additions or façade work would need
to go through the Historic Environs review process. Contact the Planning
and Urban Design department to begin this process if any exterior changes
to the building are to be done;
7) Any illumination that results from a live entertainment event shall not be
seen or otherwise impact adjacent residential uses;
8) If any additions or modifications are made to the building, a Building
Permit is required. Contact the Building Inspection Department at 913-573-
8620 to begin that process;
9) If issues arise with adjacent property owners and are brought to staff’s
attention during the term, this Special Use Permit can be submitted to the
Unified Government Board of Commissioners for revocation;
10) According to Sec. 27-723(a), no sign (including the structure or sign
surface) shall be erected, installed, altered, relocated, rebuilt, or refaced
until the unified government issues a sign permit. Only those signs
permitted in this division shall be granted a sign permit. Contact the
Department of Planning and Urban Design to begin this process;
11) 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;
12) The Special Use Permit shall be valid for five (5) years 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; and,
13) Subject to approval, a $125.00 ordinance publication fee must be submitted
to the Planning and Urban Design Department (checks made payable to the
SP2021-015 May 10, 2021 8
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.
ATTACHMENTS
Zoning Map
Aerial Map
Land Use Map
Floor Plans
Site Photographs Provided by Staff, Dated March 24, 2021
Neighborhood Meeting Documentation
Photographs Provided by Applicant
REVIEW OF INFORMATION AND SCHEDULE
Action Planning Commission Unified Government Commission
Public Hearing May 10, 2021 May 27, 2021
Special Use
STAFF CONTACT: Shana Kelly
skelly@wycokck.org
MOTIONS
I move the Kansas City, Kansas City Planning Commission RECOMMEND APPROVAL
of Petition SP2021-015 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, City Planning Commission:
1._________________________________________________________;
2. _____________________________________________________; And
3. ________________________________________________________.
OR
I move the Kansas City, Kansas City Planning Commission RECOMMEND DENIAL of
Petition SP2021-015 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.
SP2021-015 May 10, 2021 9
SP2021-015 May 10, 2021 10
Zoning Map: Aerial Map: SP2021-015 May 10, 2021 11
SP2021-015 May 10, 2021 12
Land Use Map:
Urban Density
Urban Density
Urban Density
SP2021-015 May 10, 2021 13Floor Plans SP2021-015 May 10, 2021 14
SP2021-015 May 10, 2021 15
SP2021-015 May 10, 2021 16
Site Photographs Provided by Staff, Dated March 24, 2021: SP2021-015 May 10, 2021 17
Nei SP2021-015 May 10, 2021 18
ghborhood Meeting Documentation: SP2021-015 May 10, 2021 19
Photographs Provided by Applicant: SP2021-015 May 10, 2021 20
SP2021-015 May 10, 2021 21
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