September 2, 2003
Item 1 on the Agenda: Meeting called to order – Roll Call.
Present: Ms. Abbott Council & Staff Present:
Ms. Alexander Scott Wingerson, Assist. City Manager
Chairman Hill David Ramsay, City Counselor
Mr. Kiser Mayor Pro-Tem Wayne Beer
Ms. Newsom Councilman Carol Rudi
Absent: Mr. Bone
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 21, 2003 Minutes.
Ms. Alexander noted that on page five “Gladstone Flower” should be “N. Oak Florist”.
The minutes were approved as corrected.
Item 4 on the Agenda: Communications from the Audience.
Item 5 on the Agenda: Consideration of a Site Plan Revision, 4901 Old Pike Road. Applicant: Suter-Sambol, LLC. (#1200)
Mr. Wingerson stated that the applicant requests a site plan revision to allow construction of a convenience store with fuel islands. On June 9, 2003 the City Council approved the original application. The applicant is now seeking to revise that plan to include an automatic car wash on the back of the building. Staff recommends approval of the request. The recommended conditions remain the same as the original request. Staff is currently negotiating with the City of Kansas City to perform all the development and construction inspections, since part of the building will be within the Kansas City city limits. Generally it works better when one entity does all the inspections.
Chairman Hill asked if anyone was in the audience to represent the applicant. There was no response. There was also no one to speak in favor or opposition of the application. He called for the discussion.
Ms. Newsom asked what kind of buffer the car wash addition will leave between Steak N’ Shake.
Mr. Wingerson said the required setback would be zero, but there is about 10’ at the closest corner.
Ms. Newsom asked if the southern tip of their property was in Gladstone.
Mr. Wingerson answered yes.
Ms. Newsom confirmed that the City had required a monument sign.
Mr. Wingerson said that was correct.
Ms. Newsom continued by asking if the applicant elected to move their sign a few feet over into Kansas City, they could put up a huge pole sign up. Would the City have anything to say about that?
Mr. Wingerson explained that the City wouldn’t have a lot to say about it, however, from what he understands it would not be possible on the Kansas City side unless it were combined with the Home Depot sign. The applicant does have some desire to have a sign in the air for highway visibility and they are continuing to work with Home Depot to see if they can work it out.
Mr. Revenaugh asked if the addition of the car wash would significantly increase the traffic in that area.
Mr. Wingerson said it shouldn’t cause any more traffic than Steak N’ Shake and Home Depot already creates.
Mr. Steffens asked if the City has use for the triangle-shaped lot in front of the proposed convenience store.
Mr. Wingerson said that it is really too small for anything. It is owned by the company that owns Home Depot specifically for their sign. The City is working with Home Depot in regards to the off-premise sign and the legality of it.
Motion: By Ms. Newsom, second by Mr. Revenaugh to approve the Site Plan Revision as presented.
Vote: Ms. Abbott Yes
Ms. Alexander Yes
Chairman Hill Yes
Ms. Newsom Yes
Mr. Revenaugh Yes
Mr. Steffens Yes
Ms. Wild Yes
8- Yes, 0-No
The motion was carried. Chairman Hill announced that the application would go to the City Council on Monday, September 8, 2003. That is a correction from the agenda, which read September 15, 2003.
Item 6 on the Agenda: PUBLIC HEARING: Consideration of a Special Use Permit, 6212 NE Antioch Road. Applicant: Jo Marie Armilio. (#1198)
Mr. Wingerson reported that the applicant is requesting a Special Use Permit to operate a real estate office. One thing that is different on this application is that the applicant is not proposing to occupy the home as a residence. The property is generally located at the corner of N. Antioch and Wabash. The proposal is to operate a real estate administrative support office to house a support staff of approximately five to accomplish mailing, filing and do telephone work associated with that business. It is not intended, by application, to be used as a sales office.
Mr. Wingerson noted that there are several issues for the Planning Commission to consider. First, being located on N. Antioch Road it is on an arterial highway which will provide some additional impact to the neighborhood. If the application is approved, staff would suggest the term be limited to allow other things to happen there in the future as redevelopment presents itself.
Chairman Hill asked if anyone had any questions for Mr. Wingerson at this time.
Ms. Alexander asked if there would be any clients using the office to sign papers.
Mr. Wingerson said that the applicant’s representative is here tonight and will probably address that in his presentation, however in the letter from Ms. Armilio provided it states that she does not intend on using the property as a sales office.
Michael Helt, 6220 N. Askew is representing Jo Marie Armilio. Mr. Helt began by stating that Jo Marie Armilio is a licensed real estate agent, not a broker. She is affiliated with Keller Williams Northland. He stated that she is sick tonight and that is why he is here tonight. He would be glad to answer any questions the Commission has.
Chairman Hill commented that he is assuming there will not be any clients going to the home.
Mr. Helt answered that he can’t tell him that there won’t be any clients coming to the house for sure. What Ms. Armilio does from the home is send mailings, answer phones and order title reports; however from time to time there may be a client that needs to go there.
Chairman Hill noted that one of the recommended conditions (#10) states that no real estates sales may take place on the property. He assumes this means that no closings will take place there.
Mr. Helt answered that there will not be any closings that occur there. All closings will take place at the title company.
Chairman Hill asked Mr. Helt if his client has had time to review the recommended conditions.
Mr. Helt said that he has not seen them and he doesn’t think that she has seen them.
Mr. Wingerson stated that basically the conditions are the typical recommended conditions for a Special Use Permit. He stated them for the record:
1. Jo Marie Armilio shall maintain all real estate licenses as required by the State of
Missouri. If, for any reason, the State of Missouri revokes or suspends the license
this Special Use Permit shall also be revoked or suspended.
2. This Special Use Permit is issued to Jo Marie Armilio to be used at this address only.
This Special Use Permit shall be non-transferable to another person, company, or any
other location. Any change in operation of the business by Jo Marie Armilio or
change in ownership shall render this Special Use Permit null and void.
3. The maximum number of employees at any one time shall be limited to 2 . Mr. Wingerson
said that the application indicates that there will be 5 employees, but the driveway indicates
there will be 2; however the applicant proposes to add additional width to the driveway.
4. Hours of operation shall be limited to 6:30 AM to 9:00 PM, Monday through Friday.
5. Jo Marie Armilio shall apply for and maintain all applicable State and City business
and occupational licenses.
6. Compliance with all adopted building codes and all fire safety requirements made by
the City of Gladstone.
7. This permit is to be issued in accordance with the submitted site plan along with any
additional conditions established by the City upon passage of this permit.
8. The property shall be maintained in accordance with applicable property maintenance
9. All required fencing and landscaping shall be maintained in good condition.
10. The property shall be used for administrative support only. No real estate sales shall
occur at the property.
11. Signage shall be prohibited.
Mr. Helt said that he doesn’t think that they have any problem with that except for the employees. Ms. Armilio has two full-time people and two part-time people and she is also there at times. What she intended to do with the driveway was to put in a third driveway on the west side of the property. She does use the garage for two of the employee’s cars.
Mr. Wingerson confirmed that with the improvements to the driveway, there would be three in the driveway and two in the garage.
Mr. Helt said that is correct.
Ms. Newsom asked if the addition to the driveway was going to be eight feet wide.
Mr. Helt said that Ms. Armilio has had a contractor out to mark the area. He is not sure if it was marked for eight feet or not.
Ms. Newsom was curious as to how that driveway addition would encroach on the adjoining neighbor’s property.
Mr. Wingerson said he did not have anything on that.
Ms. Newsom also asked about the recommended condition regarding the hours of operation, 6:30 am to 9:00 pm. She commented that these hours seem rather early and rather late for a residential area.
Mr. Helt said that he didn’t think that Jo Marie would have a problem with changing those hours. He doesn’t believe anyone gets there before 9:00 am.
Ms. Abbott said that she drove over there today and it looks to her like the parking is going to be a big problem. She asked if people coming in and out are going to have to park on the street.
Mr. Helt said that he has personally parked on the street when he has gone over there to drop things off. The intention is not to have parking on the street. The third drive would eliminate some of the street parking. One of the people that work for Jo Marie is her licensed assistant who will be coming and going from the property. As far as customers coming to the building, that is not the primary intention.
Ms. Abbott said she has no problem with the business, however she is concerned that since it is a residential area she is afraid they are going to have problems with parking. If people park on the street, it is a hazard. She doesn’t think there is enough room in the driveway.
Ms. Newsom said she had one more question. She noted that apparently the business is up and operating at this time without the benefits of a compliant Special Use Permit. She asked Mr. Helt how that happened.
Mr. Helt said that Jo Marie purchased the building in May and started operation before he knew what was going on. When he found out, they applied for a Special Use Permit.
Chairman Hill asked Mr. Helt how many trips per day he would estimate this property to generate.
Mr. Helt answered that there is traffic. Jo Marie and her employees are going out and looking at property with her clients. They are coming and going all day. As for the numbers, it varies from day to day depending what’s going on.
Chairman Hill asked that anyone in favor of the application come forward.
Bonnie Mitchum, 6300 N. Antioch addressed the Commission. Ms. Mitchum said she lives right across the street from 6212 N. Antioch. She is there in and out all day long and she has no objections to this property being turned over to commercial. The cars coming in and out of there have never been a problem for her getting in and out of her driveway or anybody else around there. She said that she has yet to see anyone come in at 6:30 am. Ms. Mitchum said that she has spoke to some of the neighbors in the area and they don’t object to it, in fact they say it is fine and they would like to see their properties rezoned. On the block where she lives there are five pieces of property and two of those area already commercial. There is the dance studio and the accounting firm. The other three residents in that area would love for the Commission to change their zoning also. She stated that she has waited long, long years for this to happen. As for the property across the street (6212 N. Antioch) that’s no problem. They have fixed the property up, they have put up new guttering, new posts and have kept the lawn mowed. Ms. Mitchum said they are good neighbors.
Ms. Alexander commented on the letter from Norm Guetterman that was in their packets. She noted that Mr. Guetterman is not a property owner, he is a renter.
Chairman Hill asked if anyone in the audience would like to speak in opposition of the application.
Terry Hoppenthaler, 2706 NE 57th Terrace addressed the Commission. Ms. Hoppenthaler said that she is against this Special Use Permit. She stated that first of all this is not a rezoning, this is a Special Use Permit. She confirmed this with Chairman Hill. He agreed. Ms. Hoppenthaler explained that the reason she is against it is because there was a business being run out of their for some time, so she called the Planning & Zoning department. There was a sign in front of the home and a commercial mailbox. She travels N. Antioch Road often and has witnessed cars parked on the driveway, on the street and several people walking into the house at the same time. After reading the staff report she said she is a little confused between the five employees and the two at the same time because she has seen more than that go in and out of there. When cars park on the street they obstruct the vision of trying to get out on to N. Antioch Road. Ms. Hoppenthaler said that she feels that if she (Jo Marie) is a real estate agent she knew when she bought the property that it was zoned residential. She had called Planning & Zoning at least twice and was told that no one had applied for a Special Use Permit and that they (the City) had finally gone out there and talked to them. That is why she is against it. The City just turned down a massage therapy business where a lady came in and applied for a Special Use Permit before she bought the property, did everything she was supposed to and she was turned down.
Kathleen Henry, 6212 N. Antioch addressed the Commission. She had a few questions before deciding if she was in favor or in opposition of the application. She asked if a sign would be in the yard. Chairman Hill said that the terms of the ordinance would not allow any signs. Ms. Henry asked what the Commission considers a short-term permit.
Chairman Hill answered that it varies but usually on an initial Special Use Permit it would probably be for one year. That would give the neighbors and the City time to evaluate the use further and deal with a problem if there is one.
Ms. Henry said that she lives on the right-hand side of the property. She said that she hasn’t really noticed any traffic herself. Quite frankly, she thought it was a residential home until about a month ago, although she isn’t at home that much.
Ms. Abbott mentioned that several people have requested rezoning that area and asked Mr. Wingerson why it had never been done.
Mr. Wingerson answered that the main reason is because the covenants of that neighborhood prohibit commercial zones. The bigger reason is because the pressure to do something commercial at that location hasn’t, so far, existed. When he envisions a zoning change, he sees several of the residential homes being redeveloped into a strip center or another large type of development, not moving into existing homes and having them serve as office buildings.
Ms. Newsom added that in the past when this was looked at some developers said that the lots along N. Antioch were not deep enough to make into a commercial area.
Mr. Revenaugh asked about a handyman sign that is up at the property next to 6212 N. Antioch and wondered if they too were running a business out of their home with a Special Use Permit.
Ms. Mitchum said that sign was just put up by people doing work at the home.
Chairman Hill closed the public hearing. He announced that Ms. Newsom has agreed to chair a site visit. Discussion ensued regarding the times available. It was decided that the site visit would take place on Tuesday, September 9, 2003 at 5:30 pm. Chairman Hill said that the application would go to the City Council on September 8, 2003; however it will be announced that it is continued until September 15, 2003.
Item 7 on the Agenda: Other Business.
Mr. Wingerson said that the Commissioners had received a notice on a workshop for Planning Commissioners that MARC is sponsoring at the Doubletree Hotel on September 26 from 8:30 am to 4:30 pm. He asked that they please let Becky know by Friday, September 5 if they would like to attend and she will pre-register them.
Item 8 on the Agenda: Communications from the City Council and City Staff.
Mr. Wingerson said he had follow-up on a few items from the last meeting. The Osco trees that Mr. Bone asked about were evaluated and determined not to be a traffic concern. The manager of Osco did say that he would have their landscaper trim them the next time they are out.
Mr. Wingerson reported that the light pole at the custard shop that Mr. Dillingham had asked about is now gone. Regarding Chairman Hill’s question on the potholes at M1 Highway and 64th Street, Mr. Wingerson continues to talk with MoDot.
Item 9 on the Agenda: Communications from the Planning Commission Members.
Ms. Alexander said she is going to continue to ask about Larry Whitton and how many cars he has in his lot. She also mentioned the Art Magazine which featured Sheila Lillis and what great publicity it was.
Mr. Wingerson said he will remind Mr. Whitton of the ordinance.
Ms. Abbott told Mr. Wingerson she was itching. Mr. Wingerson said he would have the creek by her house treated by mosquitoes. She also noted that the developers of Sr. Housing have stalled again.
Mr. Wingerson said he spoke to the owner today and it appears that the retaining wall issue has been solved. He can’t understand why it is not finished yet.
Mr. Steffens asked what happened on Antioch Road this past weekend.
Mr. Wingerson said that Andy Noll, Director of Public Works gave an explanation today at staff meeting. Apparently, the pressure from the ground water made the road rise up and then fall back down. It is being watched.
Chairman Hill told everyone to drive by the Wal-Mart fountain. He asked about the landscaping at the dance studio and when they might plant some grass, etc now that the excessive heat is over. He also asked what happened to the detached building ordinance.
Mr. Wingerson said that the City Council has been briefed on the ordinance and the City Attorney is now looking at it. The Commission may be seeing a public hearing for it in October.
Item 10 on the Agenda: Adjournment.
Chairman Hill adjourned the meeting at 8:16 P.M.
______________________________________ Approved as submitted _____
Becky Jarrett, Recording Secretary
______________________________________ Approved as corrected _____
Brian Hill, Chairman