PLANNING COMMISSION
November 19, 2007
7:30 pm
Present: Council & Staff Present:
Ms. Abbott Carol
Rudi, Councilman
Ms. Alexander Wayne
Beer, Councilman
Ms. Babich Scott Wingerson,
Assistant City Manager
Mr. Boor Chris Helmer,
Planning Specialist
Mr. Horton Melinda Mehaffy,
Economic Dev. Admin.
Mr. Shevling Becky
Jarrett, Administrative Assistant
Mr. Whitton
Ms. Newsom
Mr. Steffens
Chairman Hill
Absent: Mr. Garnos
Mr. West
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 September
17, 2007 minutes.
MOTION: By Mr. Steffens, second by Mr. Horton to
approve the September 17, 2007, minutes as submitted. Ms. Newsom abstained from the vote as she was
not present at the September 17th meeting. 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 Rezoning at 1900 NE 72nd Street. Applicant/Owner: JA Peterson Enterprises, Inc. File #1306.
Item 6 on the Agenda: PUBLIC HEARING: On a Site Plan Revision at 1900 NE 72nd Street. Applicant: Family Video Movie Club, Inc. Owner: JA Peterson Enterprises, Inc. File #1307.
Item 7 on the Agenda: CONSIDERATION: Of a Final Plat at 1900 NE 72nd Street. Applicant: Family Video Movie Club. Owner: JA Peterson Enterprises, Inc. File #1298.
Chairman Hill announced
that since the issues are so similar, the Commission will hear them all at once
then at the conclusion of the public hearing and the Commissions consideration
the Commission will then likely have three separate motions and votes. First, Chairman Hill said, he will hear from
staff.
Planning Specialist Chris
Helmer thanked the Commission and those in attendance from the community
tonight. He began by explaining some
documents that were given to the Commission this evening. One is a memo from Kaw Valley Engineering,
written by Leon Osbourn, Project Manager, dated November 15, 2007. This memo came about from the preliminary
stages of staff working with the applicant as well as after having comment and
feedback from the community. The three
pertinent issues involved are: traffic
safety, storm drainage and parking spaces/green space. Mr. Helmer referred to the second document
which was a rendering of what the proposed Family Video store is to look like
along with the three additional leasing spots.
Mr. Helmer began with the
staff report. He reported that the
applicant is Family Video. The owner is
Peterson Company. On this particular
application, staff has been working with Kaw Valley Engineering. The new address that is proposed for the site
is 1900 NE 72nd Street. The
current zoning is R-3, Garden Apartment Residential and C-1, Local Business
District.
Mr. Helmer said that some
of the additional information that has been on the forefront of moving this
application forward is the proposed entrances.
There are two proposed entrances.
One is fronting NE 72nd Street and one is off N. Euclid. Staff has asked the applicant to address the
parking in more detail; however, would like to point out that for this
particular site plan the minimum required parking is thirty-five(35) spaces and
the total provided spaces is seventy-seven (77).
The recommended
conditions found in the staff report are very typical of what the Commission is
accustomed to seeing. Mr. Helmer said he
would anticipate some clarification on those from the Planning Commission members
prior to moving this application to City Council.
Mr. Helmer explained that
the reason the Commission was not provided with a rendering of the proposed
building prior to the meeting was because the Family Video company has
undergone some changes in the building design and the look of the façade so
there is some new work being done.
Mr. Helmer read from the
staff report, The applicant requests a zoning change and site plan approval to
allow construction of a 5,000 square foot retail center with three separate
leasing spaces at 1,200 sq. ft. each with associated parking. Currently, the proposed development area
consists of a vacant lot and is zoned R-3 and C-1. The development site is generally described
as being located at the northeast corner of N. Euclid and 72nd
Street. Access to the site is proposed
via both 72nd Street and N. Euclid Street. The commercial portion of the development is
intended to consist of a video rental store, a small retail area, and a
possible restaurant or coffee shop with a drive thru window. The 1993 Comprehensive Plan indicates that
this site is appropriate for general commercial development and residential
garden apartments. Specifically, the
applicant is requesting a zoning change for the small parcel that is zoned R-3
to CP-1.
Mr. Helmer referred to
the staff report under Landscaping and explained that there is a breakdown
listing of types of trees and shrubs.
He then addressed the
next issue of the traffic study. Mr.
Helmer said that he would ask that the applicant clarify and elaborate on
anything that would seem necessary. He
stated that it is pretty evident that the traffic is most intense from east to
west, as opposed to north/south. The
traffic volumes are illustrated in a handout which was included in the
Commissioners packets. In the
preliminary stages of this application safety issues were in the
forefront. The City Engineer, Tim
Nebergall, had some concerns and the applicant was receptive to those changes
and is currently working on additional measures that they can take prior to
moving forward to City Council.
Mr. Helmer said that the
applicant is exploring the opportunity of combining the entrance to the north
that is used for the Kindercare Learning Center as well as the entrance for the
salon/insurance company to the east.
The recommendations that specifically came out of the traffic report is
as follows:
1)
Efforts should
be made to combine Entrance 2 with the driveway on the adjacent property to the
north.
2)
Efforts should
be made to combine Entrance 1 with the driveway on the adjacent property to the
east. The combined driveway should align
with North Euclid Court.
The report also concludes
that there is the potential for increased conflict points by not combining
these. He would appreciate the applicant
briefing the Commission with more detail on this subject.
The neighborhood
engagement aspect of this application is one that is extremely important and
Mr. Helmer said that it is safe to say from this Planning Commission, City
Council and staff, that is something that we take very seriously and he thanked
everyone for attending this evening. The
staff recommendation to further pursue this topic of public engagement came in
response to receiving some phone calls from area residents.
Stormwater management
follows the neighborhood topic because that was really a hot topic for the
surrounding development. Mr. Helmer said
that staff would like to see the applicant maximize some certainty in the area
of stormwater detention. As stated in
the memo from Kaw Valley he would expect to have those issues mentioned fully
resolved prior to City Council.
The next issue is
platting. (Mr. Helmer made reference
to the PowerPoint) He explained that
the map shows an abandoned old Euclid Street.
At one time Euclid ran the alignment shown, but was later changed into
what is now aligned with Woodland Avenue.
Staff will work with the applicant on this issue to ensure that the old
Euclid Street is abandoned and replaced with any necessary utility
easements.
Mr. Helmer moved on to
parking. He would ask the Planning
Commission to have a discussion as to how this ties into landscaping. When reviewing this application there was
some comment internally from staff on this issue and it has been recommended
that the applicant look into maximizing more landscaping frontage on NE 72nd
Street. He would again ask that the
applicant to address this issue with the Commission.
Finally, there is a
recommendation in the ordinance that mentions the relocation of the dumpster
that was originally proposed to be along Euclid Avenue. The recommendation asked that the dumpster be
relocated to the eastern side of the property.
In conclusion, Mr. Helmer
said he would once again like to reiterate that the applicant has done a lot of
preliminary work with staff. There are
obviously many issues that need clarification this evening, such as traffic
safety, parking and stormwater management.
Ms. Newsom asked where
the proposed drive-thru would be.
Mr. Helmer answered that
it is being proposed for the eastern side of the building. Originally the applicant stated that it would
be for a coffee-shop type restaurant.
Ms. Newsom asked if the
proposed sidewalk along 72nd Street would remain abutting the
roadway and wondered if there would be no green space between it and 72nd
Street.
Mr. Helmer said that is
correct. That is where staff initially
had some concern and started to look into possibly increasing the landscaping
in the area.
Chairman Hill asked the
applicant to come forward.
Leon Osbourn, Kaw Valley
Engineering, 2319 N. Jackson, Junction City, Kansas, addressed the
Commission. Mr. Osbourn stated that he
is here on behalf of Family Video. He
said that Mr. Helmer has went through a laundry list of items, so he asked them
to feel free to ask him questions as he goes through his presentation. He introduced Levi Dinkla of Family Video and
Brian Christenson of Lutjen and Associates.
Mr. Osbourn began with
the rezoning. He referred to a map and
said that they are primarily talking about the pie shaped piece; its a fairly
straightforward rezoning request. He
pointed to the site plan and pointed to where the monument sign would go. He said they are looking at meeting with City
staff to discuss some of those issues.
Mr. Osbourn said he didnt want to get redundant and keep repeating
everything Mr. Helmer said, but they have reviewed the staff report and are in
concurrence with a lot of staffs requirements.
He thinks the two big issues this evening are the access, which they are
in the process of evaluating. He said he
hadnt a chance to review the traffic study and look at some of the conflicts
that they discussed in that report, but prior to going to City Council, he said
they will have that resolved to City staff.
Mr. Osbourn said the
other big issue tonight is the storm drainage.
Currently, all the water drains towards the intersection of 72nd
and Euclid and back to the north towards Kindercare. They are proposing putting in some storm
inlets and revamping some of the current storm drains to direct the water
towards the intersection. There is a
small amount of water that will go out into 72nd Street, but they
are trying to capture most of it on site.
With this site, he understands they are probably going to have to do
some detention. It is existing grass
right now and they are going to asphalt and concrete. He said they will evaluate that in their
storm drainage study.
Mr. Osbourn continued by
stating that they are more or less in compliance with the other items. Again, he said, City staff has done an
excellent job on making his presentation this evening. He asked for questions from the Commission.
Mr. Whitton asked about
the drainage study. He said most of the
water is going to go down to the intersection of Euclid and 72nd
Street.
Mr. Osbourn answered
yes. He replied that it is currently is
going in that direction. Their practice
is that they will not discharge any more water off their site than is going
right now. He has not reviewed the Citys
storm drainage ordinance; he needs to get that from City staff. Generally, what they will look at is
underground detention in pipe structures.
Mr. Whitton said there is
a lot of problems down by John Woodys house where the creek comes out. There have always been a lot of drainage
problems there.
Mr. Osbourn said that
fortunately, for them, they are just dealing with this site (pointing to map)
and the aspects of it and they will contain what their site is contributing to
that drainage area.
Mr. Whitton said that
what he is saying is that the City doesnt need any more water in that creek
over there.
Mr. Osbourn replied that
they will have to still discharge to where it is running right now. They cant divert it to any other drainage
channel. Theyll slow it down and let it
go off what it is right now; the waters got to go that direction.
Ms. Babich asked what the
controls are for uniformity, lighting and the other parts of the signs for
these businesses.
Mr. Osbourn said he will
have Mr. Dinkla address that question.
Levi Dinkla, 3029 SW
Arvonia Place, Topeka, Kansas, Regional Director for Family Video, addressed
the Commission. Mr. Dinkla answered that
all the signage is uniformly backlit.
The color is going to be green and orange. The other retail stores will depend on the
Citys zoning ordinance and who the tenant is.
He said the other thing to take into account is that they are only
allowed so much store front signage.
There will be one monument sign for the property that will inclusive of
all tenants and then each tenant will have a small sign above their business.
Ms. Newsom asked if there
was a Starbucks and a Sheridans they would use their standard logo.
Mr. Dinkla answered yes;
he feels it is very important to the name branding.
Ms. Abbott asked how many
feet there is from the retaining wall to the property line.
Mr. Osbourn said that on
the north side it is approximately 4-5 from the property line and on the east
side it is probably 20-30 off of the property line.
Ms. Abbott said it looks
to her like the building is only 17 from the retaining wall on the east
corner. She asked if that is correct.
Mr. Osbourn said that is
correct.
Ms. Abbott asked staff if
that is allowable.
Assistant City Manager
Wingerson said he would check the City Code and get clarification.
Mr. Osbourn referred to
his City Zoning Code and quoted that the rear yard setback is 15 feet, side
yard- none required except for buffer zone is required next to residential.
Ms. Babich asked if the awning
is metal.
Mr. Dinkla replied that
yes, it is metal soffit material. He
handed her a pamphlet depicting the building in a photograph.
Ms. Newsom asked what the
tower structure was made of.
Mr. Dinkla said it is
made of glass block with a steel frame and is interiorly lit.
Mr. Boor inquired about
the sign at the corner. He asked if it
would have bright, dazzling letters that would be moving.
Mr. Dinkla answered that
no, it would not be a digital sign.
Chairman Hill asked if
the proposed zoning change of CP-1 would allow for a drive-thru.
Mr. Wingerson answered
yes.
Chairman Hill asked if in
addition to consideration of a reconfiguration of the sidewalk if there had
been any consideration to adding a dedicated left turn lane on 72nd
Street.
Mr. Helmer replied that
he did have recommendation from City Engineer Nebergall that at some point and
time in the future that there is the possibility that the City would need to
look into that. It was mentioned, but
there was no additional comments as far as the impacts with this particular
development site.
Chairman Hill noted that
with the signage and parking there wouldnt be room to add an additional 15 or
so to the right-of-way in the future and that concerns him.
Mr. Horton asked how the
traffic from the drive-thru window would be handled.
Mr. Dinkla said that the
cars would head north and then back to the west.
Mr. Horton asked if
relocating the dumpster was going to interfere with the drive-thru area.
Mr. Dinkla said that it
would not. He also added that he would
like to address some of the other issues that Chris had brought up. First, to introduce Family Video, they are
new to northern Kansas City. He has one
in Lees Summit, but they have been around since 1978; they currently have 535
stores of which they own the real estate on 530 of those stores. Mr. Dinkla explained that when he goes
through this process and he is meeting with the City and the community, they
are serious about being a long-term property owner here in the City so they are
more than welcome to any thoughts of how they can make this very good for
everyone involved. One of the things
that came up was the parking and he said he always gets the question, Why so
many parking stalls? The reason is
because Family Video does about 70% of their business in six hours a week on
Friday and Saturday evening. The
difference between a store with 70 parking stalls and a store with 35 parking
stalls is nearly double the revenue on monthly basis. That can be the difference between a $1.2
million store and a $500,00 store.
Mr. Dinkla continued by
saying that in listening to staffs response he is open to doing some more
green space there. They would love to
keep all those parking stalls, but they would like to work with staff on how
they are displaying that green space.
One of the things they would like to avoid is moving the sidewalk, as
the Commission can probably understand, but that doesnt mean they cant
enhance the current green space thats there.
Another issue that came
up was the driveway entrances. Mr.
Dinkla said that previous to tonights meeting, he had tried to be in contact
with both owners to the north and to the east and was unsuccessful on multiple
attempts. Finally, tonight he got to
meet the owner to the east of them and they began discussions on the
possibility of sharing an entrance between the two properties. That is something that they would be more
than willing to do if they could work out.
Unfortunately, the corporation that owns the property to the north have
been absolutely unresponsive towards any type of talk of sharing a driveway
there.
Mr. Dinkla said he would
like to clarify that whether or not they develop the property or not, the water
situation going into that creek will not get one bit better or worse. If anything, it can only get better with the
development. As they know, Family Video
is responsible for retaining the water that is on them and only putting out
what is going out right now. He just
wanted to make sure that everyone attending from the public this evening
understood that. That is something that
they are committed to and he knows that the surrounding neighbors are
passionate about it.
Ms. Abbott said that when
he is talking about that he is not going to make any more water
hes talking
about a lot that is grass right now that is going to be concrete? She asked if he knew how many gallons of
water comes with one inch of rain on a concrete surface-27,152 gallons. She asked where that water is going to go.
Mr. Dinkla said that
eventually its going to go the same place its going right now.
Ms. Abbott said yes, but
the ground absorbs the water considerably more than on a concrete surface.
Mr. Dinkla said that all
he can say is that they are going to be obligated to make sure that they are
not putting off more water that is there right now.
Mr. Osbourn approached
the podium and added that there are other methods that they are seeing now that
Kansas City, Missouri are requiring them to do where they put storm chambers
under the ground with a gravel base and try and let some of that water filtrate
back into the ground. He feels that
being so close to that channel that its going to end up in the same place. Again, theyre not going to release any more
water than is running out there now.
Yes, they are going to increase the run-off, but they are going to
detain that water.
Mr. Whitton said that the
City has passed many bond issues and they have spent millions of dollars on
that creek so there cant be any more water in there because hes tired of
passing these things and then later on all of the residents have to pay their
tax dollars to fix the problems you [developers] create. He said it doesnt matter if R-3 goes there
or C-1, theres still going to be run-off; this isnt worse than anything else,
but he just wants staff to make sure that is taken care of properly because
that is a heck of a problem on that creek bed.
Hes got no problem with anything else, but that water situation is
bad.
Mr. Osbourn asked what
regulations the City has adopted.
Mr. Wingerson answered
that APWAs regulations have been adopted and locally amended and that in cases
like this if they go forward from Planning to Council, then the real stormwater
work starts. He believes what the
applicant is committing to is to comply with all of the City regulations and
that staff hears Mr. Whitton very clearly and agree whole-heartedly.
Ms. Alexander agreed with
Mr. Whitton that we need to take care of these water problems before they get
any worse.
Ms. Babich asked the
applicant if they have built any facilities that look like this in Johnson
County. To her, this façade is not the
attractive level that she would want to see in the neighborhood. When she goes down to Johnson County she sees
exactly the same stores built there as built here and they look so much better
there. They are being a lot more
stringent on the aesthetics on what goes into place and when she looks at this
she thinks it looks like it is being built for a blue-collar community as
opposed to something that would be long lasting and pleasing in Gladstone.
Mr. Dinkla explained that
the handout that shows the stores canned sign and the soffit was only to
show what the color is. That is their
old building. This building is the first
building of its type of 530-some stores being built. The video industry is transitioning. They are still doing really well, but their
real estate has started doing better than their video. Mr. Dinkla said his goal with this new
building design is to make a move more into the property management
industry. He said he has been building
the old building for $54-$56 a square foot; this one is costing him close to
$80.00 a square foot. This is going to
be a very nice looking building. As far as
do they have anything similar, they have a prototype that was built in
Illinois; however, it was only 5,000 square feet. It looks nothing like this one. The materials would be somewhat consistent,
but its not really going to have the same look as a building this large. Mr. Dinkla said that no, it will not look
cheap. It is something that they are
about to spend a considerable amount of money on so they want to build something
that is going attract the type of tenants that are going to pay the money to
help them pay it off.
Mr. Steffens asked if a
new driveway is going to built or is the drive going to be shared with the
insurance company.
Mr. Dinkla answered that
is something he would have to work with City staff on. He believes that is more than likely the
recommendation but that is something they would work with us on.
Mr. Steffens said that
his other concern was brought up earlier was the left turn lane. It really bothers him that we would do all of
this and then come back and want to put the left turn lane in.
Chairman Hill asked for
those in favor of the application to come forward. There was no response. He then asked for those in opposition.
Harold Bryant, 7215 N.
Woodland addressed the Commission. Mr.
Bryant said he is not against businesses coming into Gladstone; he has been a
businessman most of his life. He does
have some thoughts he would like to run by them. First, how much traffic is this going to
generate? Second, is the safety issue of
the traffic going in and out of the facility.
One of the things that concerns him is that when youre looking at
traffic moving west to east on 72nd Street, you have a turn signal
there going into Euclid which is fine, but to have another access point, more
traffic, hes wondering if they couldnt say lets only allow the entrance from
the west from Euclid. He just thinks it
would be more practical because of the congested nature of the corner. Children are walking; theres a daycare right
next to it. We need to have those access
points defined. Another issue is
drainage. Within the last year or year
and a half the residents along Woodland have lost 3-4 feet of the backyards to
erosion. Any more water going into
there
Right now people have had to move their fence lines back without losing
the entire fence line. This has been a
problem going on and he knows it has been brought to the attention of the City
Council before and yet nothing has been done with that. Mr. Bryant said that another thing is the
electrical area along there. They are
constantly having the power companies come out because of the water in the
system. They lose phone services. They get shorts. Its a major issue along there. Mr. Bryant asked how tall the monument sign
is.
Chairman Hill answered
that his understanding is that the monument sign would be in accordance with
the Sign Code.
Planning Specialist
Helmer added that originally when staff had asked for a sign rendering it was
shown at eight feet; however, that exceeded the Citys requirement of seven
feet. The applicant was more than
willing to reduce the sign to meet those requirements. For a C-1 classification the maximum square
footage cannot exceed fifty square feet.
Ms. Alexander asked what
category the lighted tower falls into.
Mr. Helmer answered that
the tower is an element of the building structure and does not include any
signage on it and would not be classified as a sign.
Mr. Bryant asked about
obstruction of view from the tower when trying to enter and exit the site.
Mr. Helmer said that as
far as the recommendations of what staff had seen within the traffic safety
study that site distance was never an issue.
If the Planning Commission feels that needs to be looked into in further
detail, staff can certainly work with the applicant on that.
Carol Trivino, 7216 N.
Woodland, addressed the Commission. Ms.
Trivino said that her concerns would be the water flow in the creek as well as
building a video store right next to a daycare center really bothers her. Because of the traffic it will generate and
other things that video stores generate.
Mike Trivino, 7216 N.
Woodland, addressed the Commission. Mr.
Trivino asked if the video business is that good. What is the attraction for putting a video
store in that neighborhood? He doesnt
play the stock market, but Blockbuster seems to be hurting pretty bad and hes
never even heard of these guys. Mr.
Trivino stated that hes a creature of convenience and hes been living in that
house since 1982 and obviously theres twice as many cars as there used to
be. Traffic is the main concern for
him. Just coming down to the bottom of
N. Woodland, depending on the hour, its kind of torturous getting into the
intersection. He doesnt know whose idea
it was who put in the turning lanes into Antioch Bible Baptist and N. Holmes,
but hed like to buy them dinner, he sees that as a possible solution for
putting a retail outlet
He wasnt real taken with the idea to begin with but
the drive-thru window kind of turns him off because of the obvious. Mr. Trivino continued by stating that quite
honestly hed be against retail or traffic entity that would want to show up
anywhere between the N. Oak corridor and Highway 1. There is enough traffic through there. He loves the N. Oak Traffic corridor for all
of its amenities and convenience of travel and traverse. He just doesnt want to see 72nd
Street become a part of that.
Oriana Hensel, 7217 N.
Woodland, addressed the Commission. Ms.
Hensel stated that she has lived on N. Woodland for 38 years so obviously she
does have concerns. Most of those
concerns have been addressed by others members that live in her area. She has seen North Oak development, and so
another concern she has is regarding pawnshops, payday loans and all those
wonderful businesses. She asked what
there is to stop the other spaces adjoining the video store from becoming those
types of businesses.
Dave Hensel, 7217 N.
Woodland, addressed the Commission. Mr.
Hensel stated that he is with his neighbor Mick, he thinks they have a really
nice residential neighborhood and hed like it to stay residential. He was around when 72nd Street was
a two way street and then they tore it up and improved it and made it nice and
wide, which was a nice improvement. But
it didnt let the water go underneath it when it rained. He remembers calling his neighbor Bob Los and
he was in Wichita and said Bob, come home your cars floating around the
basement, and he said Hensel, go back to bed youre drunk! He said I may be drunk, but your cars
floating around in the basement. That
same morning, he also moved Mr. Woodys washer and dryer to a higher point of
view. He was in Marshall, Missouri
.and
of course, they fixed it. Mr. Hensel
said then they tore up 72nd Street and put a wider culvert through
there. Then they did some work down at
the end of the block and some how or another they managed to carry that whole
creek instead of under 72nd, they made a 90 degree elbow and shot it
through the north side of 72nd Street into the main creek bed. Then just this last Summer they improved
their drainage north on N. Woodland, but here theyve got water down a straight
line from the north and its an open ditch and then theyve got a culvert going
into a T into that creek and he said to his self, dont they usually put a
Y in your house draining system instead of a T where water meets. It hasnt gotten any better since they worked
on it last year; its actually gotten worse.
Mr. Hensel wondered about the rest of the Peterson property. On the west side of Euclid theres a little
area that another gentleman was speaking about but its got to go into that
drain plane. And then north and east of
the daycare center theres a lot more property and it sits higher than that creek
so he doesnt see where it can go except into the creek. Water is his main concern.
Cathy Bryant, 7215 N.
Woodland, addressed the Commission. Ms.
Bryant stated that her parents actually bought her house when it was new and
she has purchased it from her mom. So
she has seen it for 37-some years, since 1971.
She would just like to reiterate the problem with the creek back there
and let them know that pictures by appraisers show the land was way out before
and how its eroded back through the years.
Two houses down is where they have a telephone pole and at one time the
pole actually fell into the creek because there was no earth around it left
anymore to hold it up. Her mom has been
ill, but with the rains in the summer she tried to use her phone at home and
there was so much static, if she would get a call, she could not hear the other
end. It was all because of all the
moisture that travels down through there and then the phone lines are buried
along there and they either get wet or it all erodes away and those wires fall
into the creek. She told the Commission
that they can check, if theyre interested, with AT&T as to how many
trouble calls get sent and they have to call all the time about their
telephones not working. Its been going
on forever. Shes probably got a picture
or two at home if anybody needs to know how much land has washed away from
there.
Ms. Alexander asked if
any part of the creek in the flood control plan that theyre working on from
the south to the north.
Chairman Hill said he
couldnt answer that and hes not sure thats something to deal with at this
public hearing. That would be a topic
more suited for the Council or Capital Improvements Committee.
John Woody, 7201 N.
Woodland, addressed the Commission. Mr.
Woody stated that he has been there for thirty-seven years. Larry and him go back a few years. At one point they wanted to put a filling
station behind his house. Thank goodness
the City was helpful to the residents and hes always appreciate of the
response of the City to the residents and their needs. He said they were here last week
not last
week
when the meeting was scheduled, two weeks ago and they came in mass and
they were ready to participate in a meeting, but apparently it had been
cancelled. Mr. Woody said that he fully
recognizes that any piece of property
the property owner has a right and
responsibility to develop that property to the maximum, but he would hope that
they would be a good citizen and work with the residents in the area. There have been a number of
things
issues
that have been raised at the meeting, and primary of that is the
water retention plan and some other things that will be need to be changed as
far as engineering is concerned. He
would ask that any action be deferred until the applicant can produce actual
changes in the plan
in the written plan
and had a chance for the City and also
for the neighborhood to evaluate those changes because they are very
significant and have a great bearing on them and their quality of life and the
value of their property. He would hope
that the Commission would hold off until it is very clear as to what the action
is. There are two property owners who
are not here today because they are educators.
One is a coach in the North Kansas City
he has a game tonight. Another one, as he understands it, works at
Park University. Mr. Woody said that in
particular they are concerned that the
understanding what the applicant has
said and has committed to verbally that water retention is their biggest problem
because as the thing is drawn right now all the water from the entire thing
goes to the southwest corner and feeds into a drain that goes under 72nd
and then runs parallel to his property to the ditch
the culvert ditch
across
from him that goes under 72nd Street. He doesnt know what size tube that is,
whether its a ten-year tube or a twenty-five year tube. All he knows is his neighborhood has
experienced a 100-year flood, so twenty-five years ought to be coming up. Mr. Woody said that this is just an estimate,
they are not professionals so they have no idea, but a guesstimate is that at
the present time 1.34 cubic feet per second is coming off that piece of
property because of the grass that is located there. If it is all concrete and building, they
estimate that it would be 4.28 cubic feet per second coming off that, which is
approximately three and a quarter times the water that is coming off. He feels that is so important, so key, so
important to the neighborhood that it should be addressed and it the question
resolved before going forward any further.
Other items that the neighborhood is concerned about is crowd
control. You have a business there where
people are coming for videos. He
understands they also sell video games also.
So, hes not sure
but he thinks thats the case, so you can see that it
would be a point where people congregate and maybe get a video but then hang
out on the corner. So, the neighborhood
is concerned about crowd control on that particular corner. He said theyve already discussed traffic;
the questions about traffic. Some
questions have been raised about signage and particularly this pylon that
stands up. Will it be lit? How will it be lit? How bright will it be lit? Those are some of the questions that he would
like to see answered. There are going to
be other businesses on that property so theres going to be monument sign out
front for the video store. The question
then comes up, What other signs are going to be out there on the corner? If you have a business in that location
youre going to want a sign outside on the street. So they are interested in knowing what
signage would be put out on the street.
Other things that have already been discussed
relocating the dumpster
and the potential right-of-way problem.
Mr. Woody said that he also made a note that there was a question about
this drive-thru
he needs a little bit more information about the drive-thru and
how it would be handled and how many coupons they would be handing out in the
neighborhood where you get a free coffee.
He thanked Chris for his assistance in providing information. He thanked the Commission for their
services. This takes a lot of
time
[they] listen to a lot of things, but they do have an impact.
Dale Anderson, 1801 NE 72nd
Street, addressed the Commission. Mr.
Anderson stated that he wanted to speak to a couple of things
traffic. Right now the traffic, quite a few times a
day, backs up past his driveway. There
arent a lot of polite people in Gladstone because people will pull up and park
right in front of his driveway when he is sitting on his driveway with his left
turn signal on to go west. He can see
with people trying to go through the intersection and make left turns off of 72nd
Street into this video store
this is going to back traffic farther along his street
because the traffic going west on 72nd Street backs up not quite to
that insurance agency driveway, but pretty close. There are going to be people trying to make
left turns into the traffic light going east, which isnt going to clear
until
you get the picture. Mr. Anderson
said that secondly, drainage. They have
talked a lot about it. This is going to
affect drainage to the north more than him.
His house has been flooded already with water coming in. It sounds to him, listening to the conversations,
youre talking about putting in detention but it looks to him like this
drainage ditch over here doesnt need any more water. Another thing that disturbed him was once the
zoning is changed the testimony he has heard from staff
their treating this like
its commercial property on N. Oak
and this is commercial property if its
rezoned in a residential neighborhood.
He said you do things different on N. Oak than you do on N. Euclid. There is a difference there. Lighting shining in peoples back windows,
traffic problems, theres a lot of different things. He would hope that if this goes proposal goes
through that there could be some consideration for the residents that are there
now and maybe not treat this like this was in a commercial development, but
treat it like its a commercial pocket in a residential neighborhood.
Larry Strange, 2000 NE 72nd
Street, addressed the Commission. Mr.
Strange said he owns the insurance agency next to the proposed video
store. He said he was unaware of
anything going on until he received a letter on November 5th. He had heard about it; the secretary in his
office said that theres apartments going in the back and theres going to be
video store next door to him. Hes a
little disappointed that a City Councilman or somebody for not informing a next
door neighbor about whats transpiring.
Mr. Strange said that they have talked about driveway sharing
he doesnt
know, tonight is the first time he has heard about it. Someone did call him last week and say
something about sharing a driveway and he was thinking What in the world is
going on? He feels like someone should
have sent some better notifications to the neighbors. A gentleman here just talked about traffic on
72nd Street. He comes out of
his insurance agency and turns left to go home.
Theres lots of nights he has to wait two traffic light changes to even
get out. Whats going to keep the kids
from cutting through there...going from 72nd to N. Euclid? Itll happen.
Hes also concerned about the safety of his patrons that come into his insurance agency. Hes been an agent for over forty years. He has a lot of older clientele that dont back
up like they should sometimes, so hes concerned about fender benders and stuff
like that too. Mr. Strange commented
that hes not saying no to the shared to the driveway and hes not saying yes
because he has to think about it.
Chairman Hill said he would like to go back and talk about some of the issues that have been raised. Obviously, drainage is an issue and is something he would think would be addressed by City staff and by City ordinance. He said there really hasnt been much said about the traffic. He asked if the applicant had someone to speak about the traffic and trips into the development.
Kristen Skinner, 31720 S. McClain Road, Harrisonville, Missouri, addressed the Commission. Ms. Skinner stated that she is with Lutjen and she did the traffic impact study for this development. She said that what they did was went out and took existing traffic counts at Euclid and 72nd Street during the AM and the PM peak hours for two hours at each time. Then they used an industry manual to calculate the number of trips that would be generated by a video store, a fast food restaurant and retail stores and then laid those on top of the existing trips and then used a modeling program to help calculate the additional delays and some of the things that would be happening with the traffic out there and see how that would affect the signal. Ms. Skinner continued by stating that she heard the question earlier regarding how many trips this development would generate. She answered that for this site (speaking mainly about the PM peak hours) there would be 130 additional trips. How she thinks those would be spread out is that on the 72nd Street entrance there would be about 40 cars entering and 40 cars exiting during that peak hour. On the Euclid entrance there would be about 30 cars leaving and about 20 cars entering. On 72nd Street that would be a car, on average, entering every minute and a half or leaving every minute and a half. One of the things that was considered when placing the driveway at this end of the property was the signal and the delay and how many vehicles would be stacking and how far back they would go. What was found was that in the PM peak hour, 95% of the time the stacking wont go past the proposed entrance. (Ms. Skinner illustrated this on the rendering)
Ms. Abbott said she was concerned about the site distance being impaired from the seven-foot monument sign.
Mr. Horton said that it would seem that the City Code has regulations on setbacks for the sign, so that should resolve that issue. He also heard someone comment about additional signs going in and if he heard correctly, he believes there will just be one monument sign with all the tenants on it.
Mr. Helmer replied that is correct and that one example that the Commission has seen on that very issue is the monument sign for CVS at Antioch and Brooktree Lane that was recently installed. The topic of discussion for that sign from an engineering standpoint was the line of sight that was in that area, so there is a standard equation that is used for that issue to deal with safety.
Ms. Abbott said that with the ingress and egress on Euclid to make a left hand turn into the traffic. Would that not cause a problem?
Ms. Skinner answered that what they looked at was called level of service which analyzes delays. She referred to her manual and said that on average someone leaving the development would wait 11.2 seconds for a gap before they could turn left. Again, they looked at how far cars waiting at the signal would stack back onto Euclid and its much shorter, it wouldnt be a problem.
Mr. Boor commented that it seems like they are hearing one story from the residents and one story from the applicant; he is confused and hes not sure if they can get some kind of commitment here or not.
Chairman Hill asked if Mr. Helmer would like to address Mr. Boors question.
Mr. Helmer referred to the memo the Commission received which outlined the issues that are resurfacing time and time again on the traffic safety, stormwater management and parking. Specifically, with the stormwater issue prior to moving forward to Council staff would require the applicant to have all those issues taken care of and could add on any other conditions that the Commission could ultimately decide on this evening. As the conversations that staff has had with Mr. Woody and has consistently heard tonight is that staff, with marching orders, is going to ask the applicant to not increase the water problem anymore and whatever ways they can do to mitigate that is what they are asking of the applicant. If the Planning Commission feels comfortable with the written language staff has received from Kaw Valley and Mr. Osbourn they can go that route; however, that is up to the Commission.
MOTION: By Ms. Alexander, second by Ms. Abbott to table the application until more information is received from the application on the water retention.
Chairman Hill said that the public hearing is not closed at this point so he is unable to entertain a motion at this time. He asked for agreement from Ms. Alexander and Ms. Abbott that they gather a little bit more information and then they can deal with that. Ms. Alexander and Ms. Abbott agreed to wait on their motion.
Chairman Hill asked what kinds of businesses would be permissible at this location. He heard people ask if pawnshops or check cashing businesses would be allowed. He asked for clarification on that issue.
Mr. Helmer answered that currently with the Citys payday loan ordinance there is the land use aspect that the distance requirement from another freestanding building would be 5,280 feet. Any new payday loan business would have to be occupied in a multi-tenant facility housing not less than four separate leasing spaces.
Chairman Hill asked if that means that this building could be used for a pawnshop.
Mr. Helmer replied that staff would have to look further into that distance requirement is. Ideally, he would need to look at the closest location on N. Oak, so he wouldnt be able to give an exact answer right now.
Ms. Newsom asked if there was a current payday loan operation within the permitted distance and it went out of business, wouldnt that open the opportunity for one to take place at this location. As long as the CP-1 allows it, there would not be a guarantee that theres never going to be one there.
Mr. Shevling asked if there was a residential requirement to that ordinance.
Mr. Helmer said there is and it is 200 feet.
Mr. Dinkla said that he was sorry to butt in, but that he could save the Commission a lot of time. In the purchase of the property the company signed a covenant stating that they would not put in any bank, savings, loan or financial institution; cigar or cigarette shop; liquor store; automobile sales; body repair facilities; mortuary; store selling pornographic material; noxious, toxic, or caustic or corrosive fuel or gas.
Chairman Hill said he would also like to ask City staff about the turn lane on 72nd Street. He said he is uncomfortable proceeding without having more information on it because he knows that the long-term projections are that 72nd Street is going to project with Brighton in an improved roadway that is going to increase the traffic on 72nd Street. From his familiarity with long-term city planning there is supposed to be a left-turn lane put in there at some point, may none of us still be alive at that point, but he thinks that is somewhere in the Citys sights.
Chairman Hill closed the public hearing. He said he would now take discussion on Ms. Alexanders motion to table the application for more information.
Mr. Shevling said he has the same issues with it as it stands now with not knowing about the future of the turn lane. He drives by there everyday and he thinks that is something that needs to be addressed. He is not a fan of having a drive-thru in there. He does like the plan. He thinks it might be a bit too much for the space though, a lot of square foot of building; a lot of square foot of parking and of course there is the concern for the water that should be addressed. As it sits now, he thinks more issues need to be fixed first.
Ms. Newsom said that she concurs. Stormwater has been a huge issue with this community since before she was elected to the Council, so she thinks those issues should be addressed. She also said the driveway issue is critical for the traffic flow. Without having those things firmed up she would be uncomfortable in moving forward. This is not the type of development she had really hoped to see on this corner. She was hoping for some type of mixed-use, like a residential and some sort of maybe support retail. This seems to be pretty intense. To quote a former Planning Commissioner, It looks like were putting ten pounds of potatoes in a five pound sack. Shes not sure its going to fit and flow and be profitable for everyone concerned including the neighborhood. She is uncomfortable in moving forward the way it stands right now. If she were forced to vote on it tonight, it wouldnt be a positive vote.
Chairman Hill said that they have treated this as one public hearing when they really have three matters here. He agrees with Ms. Newsom and Mr. Shevling; he thinks this is an attractive development, he just concerned about going forward until they have site plan issues resolved. He would be comfortable going ahead with the rezoning to have the entire tract rezoned CP-1, but as far as a site plan revision and the final plat, theres just a lot of issues that need to be resolved. Its not all things that need to come from the applicant; some of it needs to come from City staff before the Commission proceeds on this. Like Ms. Newsom, he feels as though he would be forced to vote against the site plan revision and the final plat, when he really may not want to its just because he doesnt have all the information. He asked the applicant if they would like to go ahead with the rezoning and have a vote on just it tonight, or have them all tabled together.
Ms. Newsom asked how they can vote on a planned district without a site plan.
Chairman Hill replied that is correct, they would need to go together.
Mr. Whitton said he likes the project and he would be for it as soon as he sees how they are going to handle the water because something is going to go there. Its been vacant too long; we need it. No matter what you put there, theres going to be run-off.
Chairman Hill asked the applicant if he would like the Commission to proceed with the final plat or table the entire thing.
Mr. Dinkla said he would prefer they all be tabled together.
Discussion ensued as to the timeline of the next Planning Commission and City Council Meeting.
VOTE: Ms. Abbott Yes
Ms. Alexander Yes
Ms. Babich Yes
Mr. Boor Yes
Mr. Horton Yes
Mr. Shevling Yes
Mr. Whitton Yes
Ms. Newsom Yes
Mr. Steffens Yes
Chairman Hill Yes
The motion carried. (10-0)
Item 8 on the Agenda: Communications from the City Council and City Staff.
Councilman Rudi reminded
the Commission of the Mayors Holiday Christmas Tree lighting tomorrow evening
at 6:00 pm at the First Bank of Missouri on Antioch Road. She hoped to see everyone there. She also wished them all a safe and happy
Thanksgiving.
Ms. Mehaffy announced
that on December 11, 2007, from 4:00 to 6:00 pm City staff will be giving
hardhat tours of the community center to the business community. She invited them to attend.
Mr. Wingerson
congratulated the Commission on a good hearing tonight. They hit the issues clearly in support of the
neighborhood while still being supportive of the applicant. He did want them to know that Chris hit those
four issues, stormwater, traffic, signage and landscaping during the very first
meeting with the applicant so those issues have been on the table for some
time. He thanked Chris for that and the
Planning Commission for standing firm on the things that they need to know
before they make a decision.
Mr. Helmer reminded the
Commission of the Comprehensive Plan Steering Committee meeting on November 27th
from 5:00 to 7:00 pm. The next public
meeting is December 4th at Antioch Bible Baptist.
Item 9 on the Agenda: Communications from the Planning Commission Members.
Ms. Alexander said that
the November 6th edition of the Kansas City Star had an article
about Planning Commissioner Bill Garnos.
Ms. Babich commented that
this development is very unattractive in contrast to what some other people
thought. She thinks it looks kind of
cheap. She especially doesnt like that
glass tower and it will look very out of place on 72nd Street. The final thing she has to say is that
because she travels all over the country including Kansas City and even
Gladstone
she sees new construction going up to pave over green grass at the
same time there is abandoned developments all over the place. She would like the City to have a policy that
says that no more grass will be paved over until we use all the existing concreted-over
area that the City has.
Ms. Abbott said that as
she was driving up N. Oak tonight she thought she saw three new electronic
signs that are enormous: Churchs
Chicken, Artic Air, and Conoco.
Gladstone is beginning to look like Las Vegas.
Ms. Newsom said that once
she took the time to read the new formatted staff report she liked the level of
detail. She appreciates it. She also added that the City needs some
weekend code enforcement. She realizes
its Winter and there are no weeds growing up, but Burnetts Custard is turning
into a used car lot. Also, she asked if
code enforcement can address the residents who are blowing leaves in the
street. It is a safety issue as well as
an aesthetic issue.
Item 10 on the Agenda: Adjournment.
Chairman Hill adjourned the meeting at 9:29 pm.
Respectfully submitted:
______________________________________ Approved as submitted _____
Becky Jarrett, Recording Secretary
______________________________________ Approved as corrected _____
Brian Hill, Chairman