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
Absent: Mr. Kiser
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.
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.
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.
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.
______________________________________ Approved as submitted _____
Becky Jarrett, Recording Secretary
______________________________________ Approved as corrected _____
Brian Hill, Chairman