Lee's Summit

Misc

APPLICATION DETERMINATION. After further investigation regarding the nature of the existing land uses, in addition to the zoning, of the abutting land uses to the east of the proposed food truck location on the Fringe Beerworks property (110 SE 4th St), staff's determination is the application cannot be approved and is therefore denied due to nuisance-related concerns stemming from a lack of separation between the food truck and abutting residences. In drawing a parallel between the proposed food truck (and the associated outdoor activity inherent to them, e.g. walk-up ordering/pick-up, possible on-site dining, etc.) and the regulations for brick and mortar drive-through/drive-up/drive-in restaurants with similar outdoor activity, the City’s Unified Development Ordinance (UDO) requires a minimum 100’ separation from order boxes, pick-up windows, drive-through lanes and the like from any residential district or use (UDO Sections 6.460, 6.470 and 6.480). Similarly, outdoor decks/patios that are accessory to commercial buildings require a minimum 100’ separation from residential (UDO Section 6.1360). The intent of the 100’ minimum separation requirement between outdoor establishments and residential zoning districts or residential uses is to mitigate the impacts of the outdoor activities (e.g. traffic, noise, trash, lights, etc.) on adjacent residential uses. The Fringe Beerworks property directly abuts four (4) existing residences and therefore the food truck cannot meet a 100’ setback from a residential property given that the lot is only 40’ wide. Staff can consider an alternate location(s) to operate the food truck, subject to compliance with the performance standards under UDO Section 6.1650 and maintaining a minimum 100’ separation from a property with residential zoning or a residential use.

Miscellaneous Correction

This alley is currently gated and this is the way that delivery trucks get to the brewery. It's also not where they sell the beer, making it an odd choice for a food truck. Is this just going to be operating as a delivery only restaurant and not allowing for walk-ups?

Misc

HOURS OF OPERATION. Staff is in receipt of the clarification on the proposed hours and days of operation. Said information has been forwarded to the Deputy Director of Development Services for consideration of approval.

Miscellaneous Correction

SITE PLAN. Staff is in receipt of the information from the applicant regarding the relatively recent construction of a concrete pad on the Fringe Beerworks property as part of the adjacent alley improvements. Staff has confirmed construction of a concrete pad on the subject proerty by the City's Public Works Department. However, the concrete pad was constructed directly in front of the gated alley access point as a driveway/transition between the alley and subject property. The concrete pad matches the approximate width of the gated access point and does not further extend past this point up to the property boundary per the Public Works Department. The site plan provided with the original application submittal shows the food truck parked adjacent to the new concrete pad. As shown on the original site plan, the food truck will not sit on the concrete pad, but rather will sit on a gravel or deteriorated asphalt portion of the lot. In response to the City ordinance (UDO Section 6.1650.I.1) that requires all off-street parking surfaces used for mobile food vending to be improved with a concrete or asphalt surface that is in good repair, it is stated on the response from Mr. Connor Branson that the gravel currently covering the concrete pad will be removed so the truck can be parked on the pad. That is fine, but that statement conflicts with the information provided in the following paragraph stating that the adjacent gated access will be open during hours of operation so as to allow delivery traffic to continue to access the site. If the food truck is sitting on the concrete pad during its hours of operation, it will block all vehicular access onto the site from the alley side. Access to the site will still be open from SE 4th Street, but not the alley. Revise and clarify the written response and the site plan to accurately reflect where the food truck will sit. If the intent is not to locate the food truck on the concrete pad directly in front of the gated access, then a new concrete pad will need to be constructed on which to situate the food truck. FYI--the subject property has two points of vehicular access, one being from the alley and one being from SE 4th St. The site needs to maintain just one point of access during the food truck's hours of operation. The SE 4th Street access will remain available for customers/employees and emergency response if the alley access is closed while the food truck is in operation. So there is no need to keep the alley access open unless needed since it is a secondary access point to the site.

Miscellaneous Correction

Provide proof of, or schedule an inspection to obtain a current 2024 or 2025 Heart of America Fire Chiefs Council Food Truck inspection sticker along with documentation of a Jackson County Health Department inspection. Schedule a food truck inspection by calling 816.969.1300.

Miscellaneous Correction

This alley is currently gated and this is the way that delivery trucks get to the brewery. It's also not where they sell the beer, making it an odd choice for a food truck. Is this just going to be operating as a delivery only restaurant and not allowing for walk-ups?

Misc

HOURS OF OPERATION. The subject property is located within the Central Business District (CBD). City Ordinance (UDO Section 6.1650.D) limits the hours of operation for mobile food trucks located in the CBD to 9p-2a any night of the week, unless otherwise approved by the Director of Development Services Department. Please clarify the proposed hours of operation in order for them to be considered for approval. The narrative states that ideal lunch hours are 11a-2p Monday through Saturday (no Sundays indicated for lunch) and 5p-10p on evenings (no days of the week specified). Do the 5p-10p evening hours of operation only cover Monday through Saturday, meaning that the food truck will not operate on Sundays at all?

Miscellaneous Correction

SITE PLAN. The site plan provided shows the food truck being located at the far north end of the Fringe Beerworks property, adjacent to the alley that abuts the site. The site plans calls out a concrete pad adjacent to the food truck staging location, but does not call out a concrete pad under the food truck on which to be staged. Said area around the proposed food truck location is currently gravel. City ordinance (UDO Section 6.1650.I.1) requires all off-street parking surfaces used for mobile food vending to be improved with a concrete or asphalt surface. No approval and issuance of a special event permit may be given until such time as the required asphalt or concrete surface on which the food truck will be staged is constructed and verified by staff.

Miscellaneous Correction

Provide proof of, or schedule an inspection to obtain a current 2024 or 2025 Heart of America Fire Chiefs Council Food Truck inspection sticker along with documentation of a Jackson County Health Department inspection. Schedule a food truck inspection by calling 816.969.1300.