PLANNING COMMISSION
GLADSTONE, MISSOURI
July 7, 2003
Item 1 on the
Agenda: Meeting called to order –
Roll Call.
Present: Ms. Abbott
Council & Staff Present:
Mr. Bone Scott
Wingerson, Assist. City Manager
Mr. Davis David
Ramsay, City Counselor
Mr. Dillingham Mayor Pro-Tem Wayne Beer
Ms. Newsom Councilman Carol Rudi
Mr. Revenaugh
Mr. Steffens
Ms. Wild
Absent: Ms. Alexander
Chairman Hill
Mr. Kiser
Ms. Lowe
Item 2 on the
Agenda: Pledge of Allegiance.
Vice-Chairman Dillingham led the group in reciting the Pledge of Allegiance.
Item 3 on the
Agenda: Approval of June 16, 2003
Minutes.
The minutes were
approved as corrected.
Item 4 on the
Agenda: Communications from the
Audience.
None.
Item 5 on the Agenda: Consideration of a Special Use Permit at 203 NE 73rd
Street. Applicant: Amanda Ratcliffe. (#1192) City
Council Public Hearing July 14, 2003.
Vice-Chairman Dillingham
asked Ms. Newsom for the site visit report.
Ms. Newsom referred to
her memorandum dated June 26, 2003 which was included in the Commissioner’s
packets. She reported that the
Ratcliffe’s have done a lot of work in order to make their home acceptable for
a daycare. The only request she would
make is that Ms. Ratcliffe install child-proof locks on all three of the gates
in the back yard. There doesn’t seem to
be much traffic in the neighborhood.
With that, Ms. Newsom made a motion.
Ms. Newsom made a motion to approve a Special Use Permit at 203 NE 73rd Street, Mr. Revenaugh made the second to the motion.
Discussion:
Mr. Davis asked if the
motion included the recommendation of adding the child-proof locks.
Ms. Newsom said that it
was not included in the motion, but if the Commission would like add it as an
amendment to the draft ordinance that would be fine with her.
Roll Vote: Ms.
Abbott
Mr. Bone
Mr. Davis
Mr. Dillingham
Ms. Newsom
Mr. Revenaugh
Mr. Steffens
Ms. Wild
(Yes-8, No-0)
The motion was carried.
Item 6 on the Agenda: FINAL PLAT: Consideration of a Final Plat, Lots 1,2 and 3 of Carriage Hill 9th Plat. (#1197)
Vice-Chairman Dillingham
called on Mr. Wingerson for the staff report.
Mr. Wingerson stated that
the applicant is requesting final plat approval of lots 1,2 and 3 of Carriage
Hill 9th Plat. This area was
effected by the May tornado and the homes on those three lots have been
substantially damaged or destroyed. The
applicants are requesting a final plat which will change the plat from three
existing lots, to two lots, eliminating one lot. The property owners and their representative are present tonight
if the Commission has any questions for them.
Johnathan Watson, 6000 NW
Valley Drive addressed the Commission.
Mr. Watson explained the request of desiring to combine the three lots
into just two lots to allow for two larger homes to be re-built. The interior lot, which was the smallest
lot, will not have a house built on it.
It will be divided up between the two outside lots. Mr. Watson commented that the two larger
homes that will be built will make a nice transition between the adjoining
neighborhood.
Mr. Steffens asked if the
lots have already been purchased.
Mr. Watson said the
contract is pending approval of this plat.
Mr. Revenaugh asked if
the houses to be built will be larger than the surrounding homes and if there
was any neighbor opposition.
Mr. Watson answered that
they will be slightly larger because it will allow the homes to have 3-car
garages. Regarding the opposition, the
neighborhood association issued a letter of approval to the perspective owners.
Ms. Newsom made a motion to approve Final Plat, Lots 1,2 and 3 of Carriage Hill 9th Plat, Ms. Abbott made the second to the motion.
Roll Vote: Ms.
Abbott
Mr. Bone
Mr. Davis
Mr. Dillingham
Ms. Newsom
Mr. Revenaugh
Mr. Steffens
Ms. Wild
(Yes-8, No-0)
Item 7 on the Agenda: PUBLIC HEARING: Consideration of a Special Use Permit at 7513 N. Highland. Applicant: Gladys Morrison (#1193)
Vice-Chairman Dillingham
called on Mr. Wingerson for the staff report.
Mr. Wingerson reported
that the applicant is requesting a Special Use Permit to allow the operation of
an in-home appointment based massage business.
Ms. Morrison is the applicant.
The property is currently zoned R1.
He referenced a set of recommended conditions in the staff report, such
as the hours of operation. There are a
couple of issues for the Commission to consider. One being that the business would be in operation approximately
27 hours per week and how many clients that would translate to. Mr. Wingerson commented that possibly Ms.
Morrison or her representative will address that in her presentation.
Mike Keleher, 403 NW
Englewood Road addressed the Commission.
Mr. Keleher stated that he is here this evening to represent Ms.
Morrison. Ms. Morrison choose this
neighborhood because of its beauty and stability. Before Ms. Morrison speaks, he would like to distribute a few
exhibits. Exhibit 1 is a collection of
letters from associates and clients of Ms. Morrison. In addition, Mr. Keleher said that the Commission will also hear
from Mr. Rodney Holland, an area appraiser who will speak on the impact the
business will have on the surrounding neighborhood. Ms. Morrison has accepted all the conditions set forth by
staff. As far as traffic generated,
each client will spend approximately 1 ˝ hours per appointment, in a 27-hour
week that would bring about 14 or 15 clients a week or approximately three a day. Ms. Morrison is a single individual and is
living there by herself, therefore, this use will generate less traffic than
most families would have and certainly less traffic than a day-care
facility. Another major issue to
address is a petition that was signed by area residents. Mr. Keleher said that in speaking with two
of the residents who signed the petition, they told him that the person
obtaining the signatures had referred to Ms. Morrison’s special use as a
massage parlor. Everyone knows the negative
connotation that carries and that is clearly not what Ms. Morrison is
proposing. There are very strict
guidelines, which Kevin Smedin with the Missouri State License Board, will
address.
James Rodney Holland, 6
NE 53rd Terrace addressed the Commission. Mr. Holland distributed a report to the Commission and explained
that a few days ago Ms. Morrison asked him to examine the property for the
purpose of ascertaining if there would be any demeanuation in value to either
that property or to any of the adjacent property as a result of the property
being used for not only a residence but also for massage therapy. Mr. Holland reported that he likened Ms.
Morrison’s contingent usage to that of child care, beauty shops and other
similar uses that are prevalent in every community. He examined the records of Gladstone for homes that had been
granted Special Use Permits, which are sited in his report. He picked five homes that were in the same
neighborhood or adjacent neighborhoods and photographed them for his
report. Mr.Holland stated that in his
opinion there is no demeanuation in value of the homes near the ones he sited
in his report. In most of those cases,
those operations may entail more noise, traffic, fumes or light. He likened Ms. Morrison’s facility to that
of a music teacher. He referred to
Alan Zimmerman, whose wife taught piano out of their home in Carriage
Hill. She had fifteen to twenty
students coming to the home and it didn’t demean the value of their home or any
of their adjacent property owners. It
wasn’t a disturbance to anyone. As for
Ms. Morrison’s case, he cannot find any reason for her business to cause
demeanuation of the property.
Ms. Newsom noted to Mr.
Holland that Debbie Romel’s property, which is noted on his report, is a
photography studio, not a day care.
Kevin Smeden, 16311 Oxbow
Drive, Kearney, Missouri addressed the Commission. Mr. Smeden stated that he serves as Vice-Chairman of the Missouri
State Board of Theauroputic Massage.
Massage therapy has been regulated since 1998. As it was eluded to earlier, massage therapy has had a less than
favorable reputation. The Board’s
number one job is to see that improper elements are not posing as ethical
therapeutic massage facilities. For an
individual to become licensed in Missouri, they have to meet educational
requirements, go through a complete criminal background check and pass a
national certification exam. It is
legal to own and operate a massage therapy business out of your home. That also requires that the property itself
be inspected on the State level and that certain strict guidelines before that
individual is issued a license. He has
been a massage therapist for thirteen years and the Board has not had any
complaints or problems from people running businesses in their homes.
The question was asked
regarding how often inspections of the home are performed.
Mr. Smeden said that
whenever that person gets their massage therapy license, it is good for two
years, their business license is renewed annually. If there has been an individual complaint, the Board would send
an investigator out undercover, or an inspector could be sent out to inspect
the property. After the initial
inspection, the Board would not send anyone out unless their was a complaint.
Vice-Chairman Dillingham
asked what percentage of the licensees have home-based businesses.
Mr. Smeden said he is not
sure. Currently there are about 1500
licenses in Missouri, and about 500 licensed businesses.
Ms. Newsom asked about
the flow of events regarding the Board.
Mr. Smeden said that once
the business is cleared through the City and she notifies the Board, then the
Board will send an inspector to the property using a checklist of things they
go through with her. After all those
things are met, she will be issued a business license. Mr. Smeden distributed a copy of a booklet
stating the rules and regulations set by the Board.
Gladys Morrison, 1007 NW
Jones Drive Apt. A, Parkville, Missouri addressed the Commission. Ms. Morrison said that she has agreed to
purchase the property at 7513 N. Highland contingent upon receiving this
Special Use Permit. This particular
home, which she looked at several times, happens to be set up where the one-car
garage is enclosed and has a separate entrance; this meets the qualifications
that the State requires without any major construction. The property is currently leased until the
first of September. She stated that
since she only has one client at a time there is ample off-street parking. She will have an investment in the home,
therefore, she looked into whether or not the business will bring the property
values down. At this point, she has no
reason to believe it will. The Missouri
State Massage Board currently licensed her and she has approximately 2000 hours
of practical experience and training.
She currently works in North Kansas City in the back of the Thyme
Capsule Nutrition building at 2627 Burlington.
There are two chiropractors there, another massage therapist and a
naturopathic doctor. Ms. Morrison
stated that she has been working as a therapist for 5 ˝ years and she applied
for the State license as soon as she was eligible. She has well-established clientele and therefore she does not
need to advertise and place signs.
Currently her work hours at Monday 9-12 and 1-6, Tuesday 1-6, closed
Wednesday, Thursday 1-6, Friday 9-12 and 1-4, Saturday 9-12 and closed on
Sunday. This makes for approximately 27
hours per week. Her proposal is not to
work any more hours than that since her clients are used to those hours. Approximately 95% of her clients are
scheduled for at least 1 ˝ hours per session.
A portion of the remainder of those clients are children, whose parents
have the option of being present. Ms.
Morrison said that although she is available for appointments 27 hours per
week, doesn’t mean that she schedules that full. She has preparation work to do between clients and she also has
records that have to be kept just like chriropractors and doctors do. Her maximum massages during the week would
be fourteen. For the past year, she has
averaged ten per week. Her purpose is
to provide comfort and reduce pain. She
has worked on people with cancer, MS, fibermialgia, migraine headaches,
arthritis and pains caused from accidents, falls and other injuries. Ms. Morrison said she would be glad to
answer any questions and thanked the Commission for their time and
consideration.
Mr. Steffens asked Ms.
Morrison if she would be the only one doing massage in the house.
Ms. Morrison answered
yes, and added that the State would not approve the home for more than one
massage therapist to work there.
Mr. Steffens asked if
there would only be one client there at a time.
Ms. Morrison said that is
correct.
Mr. Davis asked if she
will be the only one living at the residence.
Ms. Morrison answered yes
at this time she would be the only one unless in the future she should marry.
Mr. Revenaugh asked if
she is planning on doing any improvements to the house.
Ms. Morrison said that
there is landscaping work to be done.
She has always prided herself in having a nice yard. Inside, there may be a few cosmetic things
to be done.
Ms. Newsom asked if Ms.
Morrison had any plans for the “dead” driveway which used to lead to a
garage.
Ms. Morrison said that
she planned on leaving it there to use for parking; however, if that were a
contingency of getting the Special Use Permit she could change that.
Mr. Davis stated that he
has looked at the property and he realizes that the home was once used as an
unapproved beauty salon. In looking at
it, his interpretation is that someone stretched the limits of what can be done
in an R1 zone. He asked Ms. Morrison if
she would be doing anything to “downsize” the use of the lot.
Ms. Morrison said that
she didn’t have any intention of tearing down a garage or anything like
that. There is only about six or eight
feet from the parking beside the garage to the back fence. It pretty much covers the whole back of the
lot. Ms. Morrison said that working
from her home will allow her to keep her overhead down and be able to keep the
prices of her massages affordable.
Mr. Keleher introduced
one of Ms. Morrison’s clients to speak.
A client of Ms.
Morrison’s, 8008 Forest Park Drive, Parkville addressed the Commission and said
that Ms. Morrison has been treating both her and her son for the last few
months and it has helped them considerably.
Her son had terrible migraine headaches that caused him to be sick and
after his treatments his headaches have been reduced to about one every two
weeks. The service Ms. Morrison has
provided has been a great benefit to her.
Vice-Chairman Dillingham
asked for anyone in favor of the application to please step forward.
Beth McKern addressed the
Commission. Ms. McKern said that she
has a lot of arthritis and Ms. Morrison has helped her in relieving pain and
has come highly recommended.
Kathleen Piper, 5018 N.
Park Lane, Kansas City, Missouri addressed the Commission. Ms. Piper agreed with Ms. McKern that Ms.
Morrison is a good person and has helped her in relieving her pain as well.
Patti King, 7625 NW
Stoddard, Kansas City, Missouri addressed the Commission. Ms. King said that she is a chiropractor in
North Kansas City. Massage therapy is a
good form of rehabilitation because is touches all acupuncture points; people
get relief from pain and see results.
Debbie Page, 145 NW Point
Drive addressed the Commission. Debbie
said that she is a massage therapist and currently practices massage at a
facility in Gladstone. Gladys is very
professional and her clients are very fortunate to have her.
Newton, 11301 NW Crooked
Road, addressed the Commission. He
explained that he does sports massage where Ms. Morrison practices now. They exchange clients frequently. He believes her facility would be an asset
to the community.
Vice-Chairman Dillingham
asked if there was anyone in the audience who would like to speak in opposition
of the application.
Jean Furgeson, 7515 N.
Highland addressed the Commission. Ms.
Furgeson stated that she is not really opposed to massage therapy, but she just
doesn’t want it next door to her. This
poor house has gone through a lot. The
guy who first built it, built that big garage and Ms. Furgeson said she didn’t
come up and oppose that but she is opposing this.
Mary Ann Albin, 1602 NE
76th Street stated that she is not questioning Ms. Morrison’s
abilities or her expertise. She doesn’t
feel that this is going to add anything to her neighborhood. She would prefer Ms. Morrison find another
area for her business.
Barbara Taylor, 7503 N.
Highland addressed the Commission. She
noted that Ms. Morrison said she will be working 27 hours per week, but asked
if she would increase those hours.
Also, would she be allowed to change the entire building into a massage
facility in the future? Is she asking
for a change in the zoning? She asked
about signage, will it be allowed?
Vice-Chairman Dillingham
answered that this request is for a Special Use Permit, not a zoning
change. It will only allow Ms. Morrison
to work as a licensed therapist at this residence. There will not be any signs allowed.
Ms. Taylor asked about
deliveries and trash.
Ms. Morrison said that
the only delivery she has now is linens.
They are delivered once a week.
Ms. Morrison said her trash would be average household trash, especially
since she is the only one who lives at the house. She said she would not increase her hours and knows that if she
wanted to she would have to come back to the Commission. The Board of Massage Therapy would not allow
her to have employees.
Ms. Taylor asked her if
she was doing this to save money.
Ms. Morrison answered
that it does save her money and it is also convenient. Each year she leases her space it is
possible that her rent will increase, this way she knows the price will not
increase and she can keep her prices down.
Arlene Bongiovanni, 1600
NE 76th Street stated that her and her husband have lived in their
house for 40 years and worked very hard to take care of it. She does not feel that it’s a good
idea. This is just the start. Before long, it will not be a nice area
anymore. Her husband passed away 20
months ago of cancer and she has about killed herself trying to keep things
up. She just doesn’t want it, she
doesn’t care what her business is. Ms.
Morrison needs to keep her business in a public place.
Joe Lindhorst, 7506 N.
Highland addressed the Commission. Mr.
Lindhorst said that as far as he knows this is a single-family zoning and he
doesn’t see any need for any businesses in the area. At this point, it is a relatively stable neighborhood. He does not feel like this would be
compatible with the area.
Clara Mulnix, 7512 N.
Highland addressed the Commission. Ms.
Mulnix said that she has been in her house for thirty years. She is very opposed to a business being in
the neighborhood. It will bring
strangers into their neighborhood. Her
grandchildren come over and play outside and she wants them to be safe.
Jean Soligo, 7502 N.
Highland addressed the Commission. Ms.
Soligo said that she has been in her home for 33 years. Everyone appreciates what Ms. Morrison does
and wishes her well, but the neighborhood is stable and adding this business is
not a good idea. There should not be
any businesses in their neighborhood.
Perhaps if Ms. Morrison had been in the neighborhood for while, it might
be different. Ms. Soligo believes that
a business should remain in a business environment.
Vice-Chairman Dillingham
asked if there were any more comments from the public. Hearing none, he closed the Public Hearing.
Discussion:
Ms. Newsom said she did
not see anything in the draft ordinance stating that there will not be any
signs on the property.
Mr. Wingerson said he
believes it was left out, but he will add it.
Vice-Chairman Dillingham
asked staff if there are any other Special Use Permits in the neighborhood.
Mr. Wingerson answered
that staff looked at many other Special Use Permits in researching this
application, but he did not look at them by area. Staff would need to do some more research.
Ms. Wild suggested the
Commission perform a site visit and she would chair it.
It was decided that a
site visit would take place on Wednesday, July 9, 2003 at 5:30 pm.
Item 8 on the Agenda: Other Business.
None.
Item 9 on the
Agenda: Communications from the
City Council and City Staff.
Councilman Rudi
thanked the Commission for their time here tonight and thinks that a site visit
is a good idea for this application.
She also congratulated the City on a great Fourth of July celebration.
Councilman Beer
noted that the Bluesfest was a great success.
Mr. Wingerson
invited the Commission to attend the Amphitheater re-dedication on Friday, July
11, 2003 at 7:30. The dedication will
be prior to the production of Peter Pan.
Item 10 on the
Agenda: Communications from the
Planning Commission Members.
Ms. Abbott said that
she had two things. One is the Bell’s
residence where there are some wires there that are still down from the
tornado. Also, what is the status of
the Senior Apartments?
Mr. Wingerson
answered that KCPL was contacted and they just haven’t made it back there. He said he would follow up with them
again. As for the Senior Apartments,
they have been cleared for about a dozen individual units in the front
building. They have a lot more work to
do in the entire facility; specifically there are several things that need to
be resolved and probably the biggest one at this point is construction of North
Central.
Mr. Bone asked when
the creek upgrade project in Brooktree is supposed to start.
Mr. Wingerson answered
that would be the 59th Terrace drainage improvements project which
is an overflow storm sewer system that will impact a good number of Brooktree
residents. Another project is the lower
Rock Creek project that may be divided into two phases and could start as early
as this Fall. The 59th
Terrace project will probably be a Fall/Winter project.
Mr. Revenaugh had a
long-time resident of Gladstone tell him that the City had a great Fourth of
July display and hopes they keep up the good work.
Ms. Newsom asked for
a copy of the letter the appraiser gave in his presentation.
Mr. Wingerson said
he will have copies made and will bring them to the site visit.
Vice-Chairman
Dillingham asked about the light pole on the ground at Lighthouse Custard.
Mr. Wingerson said
he would look into it.
Mr. Steffens asked
what is going on with Tommy’s.
Mr. Wingerson said
he does not know anything new.
Mr. Bone said there
are some small trees that need trimming along Brooktree Lane at Shady Lane in
front of Osco.
Mr. Wingerson said
he would look at it.
Item 11 on the
Agenda: Adjournment.
Vice-Chairman Dillingham adjourned the meeting at 8:48 P.M.
Respectfully submitted:
______________________________________ Approved as submitted _____
Becky Jarrett, Recording Secretary
______________________________________ Approved as corrected _____
Brian Hill, Chairman