PLANNING COMMISSION
GLADSTONE, MISSOURI
July 21, 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
Ms. Alexander David Ramsay, City Counselor
Mr. Davis Mayor
Pro-Tem Wayne Beer
Mr. Dillingham Councilman Carol Rudi
Chairman Hill
Ms. Newsom
Mr. Revenaugh
Absent: Mr. Kiser
Ms. Lowe
Mr. Steffens
Ms. Wild
Item 2 on the
Agenda: Pledge of Allegiance.
Chairman Hill led the group in reciting the Pledge of Allegiance.
Item 3 on the
Agenda: Approval of July 7, 2003
Minutes.
Ms. Alexander noted
that on page six, Mr. Kelaher was mis-spelled.
Mr. Dillingham added that on page ten, it should read “Vice-Chairman
Dillingham” rather than “Chairman Hill”.
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 7513 N. Highland. Applicant: Gladys Morrison (#1193)
Mr. Wingerson stated that
in the Commissioner’s packets was a letter from Ms. Morrison. A part of this letter refers to the Trip
Generation rate which states that an average rate for a single detached family
unit is 10 trips per day or 5 round trips. It adds that assuming she had 4 appointments scheduled in one day
that would only be 4 round trips. The
letter also explains the landscaping plan that she intends on implementing. Mr. Wingerson stated them for the record:
1. Remove volunteer trees growing at the immediate
front of the home.
2. Install storm door on entrance at South side of home
entering massage room.
3. Remove grass from driveway.
4. Trim trees as needed or remove if needed.
5. Clean grass area at back of lot.
6. Remove all lawn and leaf bags from back area.
7. Spray for weeds in lawn
8. Edge all grass.
9. Fertilize and water lawn and shrubs/flowers.
10. Clean/remove grass and weeds from flower beds.
11. Stain or cover cedar installed where they are
enclosed single car garage to be used for massage area.
Mr.
Wingerson said that a revised draft ordinance was placed at their seat this
evening with condition #10 added which will not allow any outside signage to be
allowed on the property.
Mr.
Wingerson reported that a site visit was conducted on Wednesday, July 9, 2003 at
5:30pm in referenced to an application for a special use permit at 7513 N.
Highland to allow for a massage therapy business. Those attending the site visit were the owner, Jan Parrish, City
Councilman Carol Rudi, Assistant City Manager Scott Wingerson and
representatives from the Planning Commission.
The
group toured the area of the home that the massage therapy business will be
conducted from, a converted one-car garage with separate entrance.
It
was the consensus of the Planning Commission members that were there would be
no adverse affect on the surrounding neighborhood but recommend that a maximum
number of clients be fourteen per week and that the permit would be approved
for 1 year beginning October 1, 2003.
Mr. Revenaugh said he
thought the Commission had spoke about a 5-year extension after satisfactory
performance of the first year.
Mr. Wingerson answered
that he had thought that the group mentioned a 1-year permit with a possible
extension if everything works out.
Ms. Abbott said that it
was her understanding that there had been a permit issued for the beauty shop
at that address in the past. She asked
if there had actually been a special use permit issued.
Mr. Wingerson answered
that there was no special use permit issued for that address in the City’s
records.
Ms. Newsom clarified that
the beauty shop had been a non-compliant business. She also asked Mr. Wingerson if he knew how long it had been a
beauty shop.
Mr. Wingerson answered
yes it was non-compliant and the only time frame he had was what the neighbors
said, which was “years”.
Motion: By Allen Dillingham, second by Mark Revenaugh to approve the Special Use Permit for 7513 N. Highland, file #1193 with the recommended conditions listed in the draft ordinance.
Discussion:
Mr. Davis stated that he
has concerns about the motion and plans to vote against it. The reason he will vote against it is
because he is of the opinion that a special use permit is granted to a
single-family property under the assumption that the property will operate in
manner that will not be adverse from a single-family use. The burden of proof is on the owner to prove
that the operation of this business will not negatively impact the property. All of the testimony heard at the public
hearing speaks to what he believes is fact.
That is the fact that this would be a high quality business that would
meet all the conditions that you would normally meet all the conditions that
would normally be associated with a C-0 zoning, not a single-family
zoning. It is quite obvious that his
property has been used as a business in the past and that is the reason that it
is being considered for purchase today is for the continued use as a
business. Mr. Davis stated that he might
vote in favor of it if someone had purchased it, tried to refurbish the
building and then applied for a permit, which might gain the approval of the
neighbors. He added that he thinks it
would be a mistake to grant the permit.
Ms. Newsom stated that
when this notification first reached her, her first reaction was that with
30-minute appointments it would make quite a large number of trips in and out
of the neighborhood in which case she wanted nothing to do with it. However, after the public hearing Ms.
Morrison gave the Commission further insight into what it is she does, which is
more of a medical treatment situation with a maximum of 14 clients per
week. Ms. Newsom is pleased with the
letter from Ms. Morrison listing things she is going to do to improve the
property should the purchase of the property be complete. She concurs that those improvements are well
needed and she would encourage Ms. Morrison to look at other ways to improve
the home to make it fit better in the neighborhood. Having an owner-occupied home and conducting a very minimal
business like this could be an improvement to the neighborhood. Ms. Newsom stated that she belives that more
and more people are going to be working from their homes and the more the City
can get people to come forward and apply for special use permit, the more it
can be controlled and notified. The
proposals that Ms. Morrison has made thus far, and she would encourage her to
do more, will not impact the neighborhood any more than some of the other
businesses that take place in the neighborhood with special use permits. Ms. Newsom said she will be voting for the
special use permit.
Mr. Davis said that he
still intends to vote against the application; but for those that are
supporting it, feel as though the eleven landscaping points Ms. Morrison made
may change the vote, the motions should be amended to include those
points. At least then her promise
becomes a guarantee.
Chairman Hill stated that
he would leave that amendment up to Mr. Dillingham, since he made the motion.
Chairman Hill said that
he was not present at the last meeting, but he has read the minutes and
educated himself on the application. It
appears that we have a short term permit, a list of promises by the applicant
to upgrade the property, and a limited number of clients, which will cause him
to vote in favor of it. At the end of
the one-year term, the Commission can re-visit the landscaping promises and if
the business has had a negative impact on the neighborhood.
Ms. Newsom said that it
may be a little cumbersome for staff to regulate the list of landscaping
promises. Ms. Newsom feels as though
most of the things listed are going to be done by an owner as maintenance
anyway. If these items are not done, it
will be obvious after the one-year permit is complete.
Ms. Alexander said that
she doesn’t think that this can do anything but improve the area. She will be voting for it because it will be
an improvement.
Vote: Ms. Abbott NO
Mr. Bone NO
Ms. Alexander YES
Mr. Davis NO
Mr. Dillingham YES
Ms. Newsom YES
Mr. Revenaugh YES
5- Yes, 3-No
The motion was carried.
Item 6 on the Agenda: Other Business.
None.
Item 7 on the
Agenda: Communications from the
City Council and City Staff.
Mr. Wingerson said
that Mr. Bone had asked about the trees by Osco along Antioch and Brooktree
Lane that are blocking visibility; the Engineering Department has not had a
chance to complete that review, but as soon as they do he will report back.
Also, Ms. Abbott
asked about the Senior Housing project and the Bell’s driveway; both those
issues are being dealt with and hopefully some progress is being made.
Mr. Wingerson also
announced that there are no agenda items for August 4, 2003, therefore the
Planning Commission meeting for August 4 is cancelled.
Item 8 on the
Agenda: Communications from the
Planning Commission Members.
Ms. Newsom thanked
staff for the updated Planning Commission roster.
Ms. Alexander said
that the Amphitheater dedication was very well done. There was a donation from Martin City Melodrama, which shows the
community interest. She then asked how
many cars Larry Whitton can have in his lot.
He has to move cars to get other cars in.
Mr. Wingerson said
that he will get a copy of the ordinance approve his site plan and provide it
to the Commission in their next packet.
Ms. Alexander said
that she did a ride-a-long with Vince Lowe; she highly recommends that people
do one. Ms. Alexander said that
Gladstone residents are well protected.
She also added that she went to Gladstone Flower and they could not have
been nicer to work with. They will be
coming back to the Planning Commission to renew their special use permit in
September.
Ms. Abbott told Mr.
Wingerson that the wire in the Bell’s yard disappeared the day after she told
him about it.
Mr. Dillingham asked
if Mr. Wingerson found out anything about the light pole that was down in the
front of Lighthouse Custard.
Mr. Wingerson
apologized for not checking into that and will have an answer at the next
meeting.
Chairman Hill
thanked Mr. Dillingham for filling in for him at the last meeting. He then asked Mr. Wingerson if MoDot would
be able to fill any of the potholes around 65th and 72nd
Streets and Prospect.
Discussion ensued
regarding the new fire station groundbreaking on Tuesday, July 29, 2003 at
10:00 a.m. There will be a bus at City
Hall available to ride over on.
Mr. Bone asked if
the City could pick up some carpet that had been dumped on Prospect near the
Gladstone/Kansas City border.
Mr. Wingerson said
he would check into it.
Item 9 on the
Agenda: Adjournment.
Chairman Hill adjourned the meeting at 7:56 P.M.
Respectfully submitted:
______________________________________ Approved as submitted _____
Becky Jarrett, Recording Secretary
______________________________________ Approved as corrected _____
Brian Hill, Chairman