PLANNING COMMISSION
January 3, 2006
7:30 pm
Present: Council & Staff Present:
Ms. Newsom Mayor
Carol Rudi
Ms. Alexander Councilman
Mr. Boor Scott
Wingerson, Assist. City Manager
Mr. Stanley Melinda Mehaffy,
Econ. Dev. Admin.
Mr. Shevling David Ramsay, City
Counselor
Ms. Suter Becky Jarrett,
Admin. Assist
Mr. Whitton
Mr. Revenaugh
Ms. Abbott
Mr. Steffens
Chairman Hill
Absent: Mr. Reynolds
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 the December 5,
2005 minutes.
MOTION: By Ms. Newsom, second by Mr. Whitton to
approve the December 5, 2005 minutes as submitted. The minutes were approved as submitted.
Item 4 on the
Agenda: Communications from the Audience.
None.
Item 5 on the Agenda: PUBLIC HEARING: On a request for a Special Use Permit and
Site Plan Revision at 7514 N. Oak Trafficway.
Applicant: Ron Goens. (File #1266).
Mr. Wingerson reported
that this request contains two actions.
One is a site plan revision which would allow construction of a 9,400 sf
retail building. The other is a special use
permit which would allow use of the property in a way that is more intense that
the existing zoning allows. The property
is generally located at the southwest corner of
Mr. Goens is proposing to
move parts of his existing businesses into this location which includes a
rental business and offices for a painting contractor. Mr. Goens will explain more in his
presentation. On the site plan there is
an enclosure shown which will be a masonry wall with wrought iron gates. There will be outdoor storage in this area
along with a propane refilling station.
The construction of the retail building is not expected to be
constructed immediately; however, staff did include a condition that states that
the building will be constructed and occupied prior to the expiration of the
special use permit (5 years).
Mr. Wingerson explained
that there are approximately fourteen conditions to each of the requests. He highlighted two of them. One is the construction of the retail
building. The second is the dedication
of right-of-way on N. Oak for planned improvements by the City. Overall, staff is recommending approval of
the special use permit for five years and conditional approval of the site
plan.
Ms. Newsom asked about
the parking in the staff report which states that 275 spaces are required and
133 are provided.
Mr. Wingerson thought the
275 was a mistake and he would refigure the amount of spaces needed during the
meeting.
Ms. Newsom asked what type
of zoning this business needs.
Mr. Wingerson answered
C-3 or CP-3.
Ms. Newsom asked why it
would need C-3 rather than C-2.
Mr. Wingerson said it
would be because of the outdoor component of the business.
Mr. Revenaugh asked for
clarification on the last paragraph of the analysis which states that: “Clearly
the equipment rental business alone would not be the highest and best use for
this facility. However, combined with
the retail expansion which utilizes existing parking, the project more closely
maximizes land use.”
Mr. Wingerson answered
that a typical Ryan’s Steakhouse is a large building with a massive field of
parking, much more than is required by most cities. In more modern times the parking at the
Ryan’s Steakhouse would be allowed to construct would be less because it takes
up so much land. In re-use of a facility
like this you want to try and more closely match the needs of the business to
the parking requirements. By itself, the
rental portion would be a moderate to low volume; however, combined with the
retail building, which would be a moderate to high use, it will fill the
parking lot and result in better land use.
Mr. Revenaugh asked what
type of business is going to utilize the future retail building.
Mr. Wingerson said it is
being built as a spec building, so we won’t know what type of tenant will be
there.
Ms. Abbott asked if there
will be a water run-off study done with the construction of the retail
building.
Mr. Wingerson answered
that there is a stormwater detention basin that exists on the north side of the
property. Staff would assume that
because the entire area is asphalt now that the demand on the stormwater basin
wouldn’t increase, but when the building permit is applied for it will be
looked at again.
Mr. Boor asked what the
intention is for the retail building.
Mr. Wingerson said he
does not know at this time.
Mr. Boor asked if that
would have to be approved at the time it is constructed.
Mr. Wingerson answered
that the specific use wouldn’t have to be. It could contain anything allowed in this
zoning district, which is CP-2.
Chairman Hill had
questions about the recommended conditions.
What is meant by outdoor? Number
thirteen refers to outdoor storage of trucks and number five (spr) refers to
the outdoor storage of goods.
Mr. Wingerson said that
how he was defining outdoor in those conditions was if it was outside of the
brick enclosure.
Chairman Hill questioned
number thirteen which talks about outdoor storage of trucks in excess of one
ton or heavy equipment in excess of 2.5 tons being prohibited. He felt that stating no trucks in excess of
one ton would cover both instances.
Mr. Wingerson said that
the thought process behind that condition was to make sure that, if approved,
the business could still function.
Chairman Hill asked if
the brick enclosure could be extended a few spaces to the west and then make it
required that any trucks or heavy equipment be stored behind the brick
enclosure.
Mr. Wingerson said there
would be no physical reason why that couldn’t be done.
Chairman Hill said that
his concern with this project is having bulldozers and trucks sitting in the
parking lot, when it could be screen and be more appropriate for the zoning
classification.
Ms. Abbott commented on
number five of the site plan revision conditions. (No outdoor storage and/or sale of goods and
merchandise is allowed on the premises.)
She said if they are going to sell propane tanks they can’t sell them
inside the building.
Mr. Wingerson said what
he tried to do is take two ordinances, the site plan revision and the special
use permit, and combine them making them as consistent as possible. In writing this, he was assuming enclosed
meant behind the masonry wall which is where the propane tanks would be.
Mr. Goens said that the
tanks are stored outside where they are going to be filling them. The customer pays inside and then goes
outside to get the tank.
Mr. Boor asked what type
of painting Mr. Goens business does.
Mr. Wingerson said Mr.
Goens could probably answer that in more detail, but he believes it is painting
contracting, not on-site painting.
Ms. Newsom said that
number seven (sup) and number ten (spr) regarding signage seem to be in
conflict with each other.
Mr. Wingerson replied
that is just the difference between the very specific special use permit
ordinance and the more general site plan ordinance. In this case, the freestanding sign that is
proposed refers back to the special use permit condition.
Ms. Newsom also asked
about hours of operation in condition number eight (sup), 6:00 am to 10:00
pm. In number two (spr) it refers to
trash pickup being limited to 8:00 am to 6:00 pm, which conflicts with number
eleven (sup) which states that all business deliveries and trash deliveries
shall occur during allowed business hours only.
Mr. Wingerson suggested
taking “trash pick up” out of number eleven of the special use permit
conditions.
Mr. Stanley asked how
tall the enclosure will be.
Mr. Wingerson answered
that it has to be a minimum of 6’, maximum of 8’.
Chairman Hill asked the
applicant to come forward.
Ron Goens, 6114 NW 101st
Terrace,
Ms. Newsom asked if Mr.
Goens plans to continue to occupy the
Mr. Goens answered that
he will occupy part of it and rent out the remainder.
Mr. Boor asked Mr. Goens
what the spec building will be suitable for.
Mr. Goens said he has
interest from a few people. Sherwin
Williams had shown interest in it as their outlet store, but no one particular
is in mind.
Chairman Hill asked Mr.
Goens if he had read the recommended conditions and if they were acceptable to
him.
Mr. Goens said he has
reviewed them and he believes they are acceptable to him.
Chairman Hill asked if he
is agreeable to expanding the brick enclosure as he had mentioned earlier to
include vehicles and heavy equipment.
Mr. Goens answered that
the only time they have a truck there is when it is loading and unloading.
Chairman Hill spoke of
condition number twelve (sup), “All materials, products, or other items offered
for sale or lease shall not be displayed in any parking area or parkway.” In addition, number thirteen (sup) also
speaks of heavy equipment storage. He
thought that if there was something for lease, it would probably be displayed
in the parking area, such as trucks for rent.
Mr. Goens said that he
does not rent trucks such as U-hauls.
Chairman Hill asked if
those two conditions would be okay with him.
Mr. Goens replied that he
has no problem with those conditions. If
for some reason, he had a big truck he would just take it over to his
Mr. Whitton said that
this type of exposure should probably triple or quadruple his business, which
will bring in a considerable more amount of sales tax money for the City. He said he thinks it is a nice project and a
good use for the property. He asked Mr.
Wingerson if it fits the plan for the North Oak Corridor.
Mr. Wingerson replied
that both the North Oak Corridor Study and the Comprehensive Plan indicate this
property for general commercial. It’s
probably not ideal, but with the addition of the retail space it comes a lot
closer to center.
Mr. Whitton remarked that
it is a nice brick building and he thinks it would be an asset to the
City.
Mr. Steffens asked if the
bobcats and the snorkel trucks that he rents out would be kept at the N. Oak
location.
Mr. Goens said that some
of them would, but they would be behind the fence; what equipment can’t go
behind the fence will go back to the
Chairman Hill asked for
those in favor to come forward.
Tom Sims, 1904 NE 76th
Street, addressed the Commission. Mr.
Sims said that he owns the warehouses next to Mr. Goens current business. He said Mr. Goens is a very good
neighbor. He has been in Gladstone for
thirty-five years and he would like to keep him in the City. He is neat and clean. He never has stuff out in front of his
building now, all the rental equipment stays in the back of the building. He pays his bills, he treats people
good. He has one of his trailers on
Kansas City property to advertise and he has tried to buy that property in the
past. If he buys that property and
moves, he’ll be out of Gladstone. We
need to try and keep some small businesses.
He has good credibility and that is important to the community.
Chairman Hill asked for
those opposed to come forward. There was
no response. He asked for further
discussion from the Commission. The
public hearing was closed.
Chairman Hill asked Mr.
Wingerson about the additional right-of-way that was being dedicated to the
City. He wanted to make sure that with
that dedication, the property would still conform to the N. Oak streetscape.
Mr. Wingerson replied
that approximately a 10.3’ right-of-way is requested along with a 5’ temporary
construction easement. One tree is
planned to be removed, which the City is required to replace.
Chairman Hill asked if a
condition could be added regarding the tree.
Mr. Wingerson asked if
that would be added to the site plan or the special use permit.
Chairman Hill said that
probably he would add it to the site plan.
Chairman Hill asked what
control the City has in regards to the appearance of the spec building.
Mr. Wingerson answered
that the City has site and design standards that would govern that as well as
the building permit that is approved by the City Council.
Ms. Newsom asked if Mr.
Wingerson recalculated the parking requirements.
Mr. Wingerson said the
correct calculations are 75 required and 133 are provided.
Mr. Wingerson suggested a
condition number fifteen (spr), “Required streetscape trees and landscaping
shall be maintained in perpetuity.”
Chairman Hill said that
would be fine. He also noted that number
ten (sup) is missing.
Mr. Wingerson said he
would also clarify the language to differentiate the outdoor storage from the
screened area.
MOTION: By Mr. Revenaugh, second by Mr. Whitton to
approve the Special Use Permit
and Site Plan Revision at 7514 N. Oak Trafficway.
Ms. Newsom said that she has concerns over the site plan as it stands now. She really appreciates Mr. Goens and his business and the good community neighbor that he has always been, but her concern is passing out a special use permit for a business that should be a C-3 business and not a C-2 business…the ambiguity of the parcel to come later and how it fits into the plan and the traffic flow in general...the five-year leeway to build the building. She will not be able to vote in favor of this application as it stands now.
Mr. Revenaugh said he would like Ms. Newsom to explain in greater detail what her objection is to leaving the five-year window open to the building. He would like to try and understand.
Ms. Newsom said that not knowing the type of business that’s going to go in there and the traffic flow that would come in and out of it and how it would mesh with everything else is what causes her concern. The intersection at 76th & Oak is horrid. She doesn’t feel it is a good fit for this property.
Mr. Revenaugh asked if isn’t it true that the type of business is regulated by the zoning.
Ms. Newsom said the type is regulated by the zoning, but as far as the site plan and the traffic flow, it’s the site plan that they are approving tonight. She asked Mr. Wingerson if that was correct.
Mr. Wingerson replied that the use is regulated; however, the specific tenant to determine further issues that Ms. Newsom speaks of cannot be determined yet.
Mr. Revenaugh asked isn’t that true with just about anything that the Commission approves, such as 64th & Prospect. There were no specific tenants there, but they went ahead and approved it.
Ms. Newsom said she voted against it too because of the ambiguity.
VOTE: Ms. Newsom No
Mr. Boor Yes
Mr. Stanley Yes
Mr. Shevling Yes
Ms. Suter Yes
Mr. Whitton Yes
Mr. Revenaugh Yes
Ms. Abbott Yes
Mr. Steffens Yes
Chairman Hill Yes
The motion passed. (10-Yes, 1-No)
Item 6 on the Agenda: Communications from the City
Council and the City Staff.
Mayor Rudi welcomed everyone back from the Holidays. She thanked the Commission for all their discussion on this hard application. She said that there is some training coming up for Planning Commission members and she hoped that everyone would be able to make time in their schedules to attend it.
Councilman Beer reminded the Commission of some important upcoming dates at the City: January 12- Community Center preliminary planning open house (5:30-7:00). January 24- Gladstone on the Move update meeting (still preliminary). February 2- Downtown visioning session at Antioch Bible Baptist Church, 7:00 pm.
Mr. Wingerson welcomed Ms. Suter to the Planning Commission. Ms. Newsom and Chairman Hill had requested City Council minutes be provided in the packets at previous meetings. Mr. Wingerson asked the Commission to be patient while staff is getting on the correct timing schedule for providing those.
Item 7 on the
Agenda: Communications from the Planning Commission Members.
All the
Commissioners welcomed the new member, Ms. Suter.
Ms. Suter said she
was looking forward to serving on the Commission.
Ms. Alexander
thanked staff for their help in making decisions.
Item 8 on the
Agenda: Other Business
A. Election of Officers
Ms. Alexander nominated
Mr. Hill for Chairman. Ms. Newsom
nominated Mr. Revenaugh for Chairman.
Mr. Revenaugh made a motion to close the nominations. The Commissioner’s recorded their votes on
paper. The votes were read by Mr.
Wingerson. Mr. Hill- 6 votes, Mr.
Revenaugh- 5 votes. Mr. Hill would
remain Chairman.
Mr.
Whitton nominated Mr. Revenaugh as Vice-Chairman, Mr. Boor made the
second.
Ms.
Alexander made a motion to cease all nominations and Mr. Revenaugh be elected
by acclimation. All said “Aye”.
Ms.
Alexander nominated Ms. Newsom as Secretary.
Mr. Boor made a
motion to cease all nominations and Ms. Newsom be elected by acclimation. All said “Aye”.
Item 9 on the
Agenda: Adjournment
Chairman Hill adjourned the meeting at 8:30 P.M.
Respectfully submitted:
______________________________________ Approved as submitted _____
Becky Jarrett, Recording Secretary
______________________________________ Approved as corrected _____
Brian Hill, Chairman