September 2, 2008

7:30 pm

Present: Council & Staff Present:

Ms. Newsom Mayor Pro-Tem Carol Rudi

Mr. McCullough Scott Wingerson, Assistant City Manager

Mr. Shevling Melinda Mehaffy, Econ. Dev. Admin.

Ms. Smith David Ramsay, City Counselor

Mr. Whitton Chris Helmer, Planning Specialist

Ms. Abbott Becky Jarrett, Admin. Assist.

Ms. Alexander

Mr. Garnos

Mr. Steffens

Chairman Hill

Absent: Ms. Babich

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 August 18, 2008 minutes.

MOTION: By Ms. Newsom, second by Mr. Steffens to approve the August 18, 2008, minutes as submitted. The minutes were approved as submitted.

Item 4 on the Agenda: Communications from the Audience.


Item 5 on the Agenda: CONSIDERATION: on a Rezoning and Site Plan Revision at 2412 NE 72nd Street. Applicant: QuikTrip. Owner: Harriet Chesterton. File #1320.

Chairman Hill announced that this evening the Commission will first hear from City staff, then discuss the pending application and then may make a decision. The public will have another opportunity to comment at the City Council public hearing on September 22, 2008.

Mr. Helmer reported gave a summary of the August 18th Planning Commission meeting. He explained that the applicant is specifically requesting approval of a rezoning to the west of the current QuikTrip store which is currently zoned R-1. The original application came before staff not only for a rezoning, but for a site plan revision. After hearing the discussion by the Planning Commission, as well as the input and feedback that was heard from the public, staff perceived direction as follows. The Phase I proposal would specifically be for the construction of the proposed drive on what is currently the residential property. Other issues that were raised by the public, as well as the Commission, were to further clarify trash service times, this being general times that the City has recommended for similar types of applications of being from 7:00 am to 7:00 pm, as well as the enhancement as overall landscaping on the site, as well as retaining as much of the vegetative buffer that would be abutting the proposed drive fronting NE 72nd Street.

Mr. Helmer explained that staff is suggesting the following for Phase II. The site plan be preliminary in nature. In the event that the applicant would come forward with a development proposal, the public hearing processes would have to be continued similar in nature of what they are doing this evening before the Planning Commission and then ultimately through the City Council. Additional conditions that have been suggested by staff, and as a result of the previous meeting, were a more detailed analysis of a stormwater study as well as to further look at any traffic safety issues. There was concern by area residents of potential adverse or negative impacts on their neighborhoods as well as continuing with the scheduled trash services that have been recommended in Phase I as well as the prohibiting of any tractor trailers or delivery type vehicles being stored on site overnight as well as to mitigate or reduce any adverse effects from exterior lighting that would be a result of the new development. Mr. Helmer stated that there has been some supplemental information supplied to the Commission regarding the Comprehensive Plan in regards to some questions raised at the last meeting. He offered to answer any questions at this time.

Ms. Newsom asked for clarification on the Phases. She asked if they were to approve the proposal in front of them tonight, would it allow for a safer ingress/egress to the current site.

Mr. Helmer answered that is correct.

Ms. Newsom asked if it would not approve the construction of the new facility.

Mr. Helmer stated that the direction that staff felt they were hearing from the Commission at the previous meeting was that the ingress/egress was a better attempt to alleviate any traffic issues; however, felt that the Commission was not as comfortable with the overall development plan- parking in the rear, site layout. Therefore, what staff is suggesting to the Commission this evening is that the direction of Phase I be for the drive and in the event that they want to develop a new store they would have to come before the Commission again with a little different site plan than what they are seeing.

Ms. Newsom said they are not approving the construction of the new QuikTrip should they approve this tonight.

Mr. Helmer said that is what staff is suggesting.

Mr. Whitton said it was his understanding that there was something said (at the last meeting) about putting the entrance to the building on the west side and maybe some pumps on that side as well.

Mr. Helmer said as far as that level of detail…what they would need to see from the applicant is simply a new layout of some of the stores that they have proposed or have been working in other places. He didn’t recall the specifics of the pump islands.

Mr. Whitton asked if there was any thought to putting the entrance on the west side.

Jeremy Crosby, Real Estate Manager for QuikTrip, 5725 Foxridge Drive, Mission, Kansas, 66202, answered that was in their original proposal.

Mr. Whitton remarked he could never go for that- putting all that traffic on the west side. If anything, he would hope they would zone the property and move the building back and keep everything on Prospect. He asked if there was really any reason for the Commission to vote for this site plan.

Mr. Helmer said that what staff is recommending is that the overall concept of redevelopment is a topic of discussion they are willing to have at a later date; however, what they are seeing or what they felt the direction of the Commission is that this simply isn’t the best site plan they can have with respect to surrounding property owners.

Mr. Whitton said that personally he could go for the zoning because he believes that no one would want to build a nice house there, but he doesn’t want to encroach anymore back upon those people.

Ms. Abbott asked if they are going to wait to submit Phase II when they get ingress/egress from MoDot off of M-1 Highway.

Mr. Helmer said that as staff mentioned at the last meeting it was always in staff’s interest to be working a little closer with MoDot than they are currently working with the City. He can’t speak for QuikTrip on their level of comfort on what they want to do, but staff did try and get conversations with MoDot to work concurrently, but it’s just not moving at the time frame they would like.

Ms. Alexander said she agrees with Mr. Whitton. If the building does get built in the future, they need to keep the entrance and the traffic closer to the existing building and not intrude on the neighbors any more than they absolutely have to.

Chairman Hill said that as he understands it, what Mr. Helmer is saying and what the currently application is for is a rezoning of the site to the west of the existing store and approval of a plat which merely allows for a new driveway and that before any future store could be built or the current store expanded then QuikTrip would come back before the Commission and it would require a full site plan approval process. The Commission is not being asked to approve a new store, per say, with any certain configuration or entrances to the west or anything like that. He said that all that is before them at this time is the rezoning of the additional tract to allow the driveway and a revised site plan to allow the driveway.

MOTION: By Mr. Garnos, second by Ms. Newsom to approve the Rezoning from R-1, to CP-2 and the Phase I Site Plan Revision.

Mr. Whitton wondered about voting on those two actions separately.

Mr. Wingerson said that would be fine.

AMENDED MOTION: By Mr. Garnos, second by Ms. Newsom to approve the Rezoning from R-1 to CP-2.


Ms. Newsom Yes

Ms. Alexander Yes

Mr. McCullough Yes

Mr. Garnos Yes

Ms. Smith Yes

Mr. Shevling Yes

Mr. Whitton Yes

Ms. Abbott Yes

Mr. Steffens Yes

Chairman Hill Yes

The motion carried. (10-yes, 0-No)

AMENDED MOTION: By Mr. Garnos, second by Ms. Newsom to approve Phase I, Site Plan Revision.


Ms. Newsom Yes

Ms. Alexander Yes

Mr. McCullough Yes

Mr. Garnos Yes

Ms. Smith Yes

Mr. Shevling Yes

Mr. Whitton Yes

Ms. Abbott Yes

Mr. Steffens Yes

Chairman Hill Yes

The motion carried. (10-yes, 0-No)

MOTION: By Mr. Garnos, second by Ms. Newsom to approve Phase II, Site Plan Revision.

Ms. Newsom asked if Phase II does not receive an affirmative vote this evening, would the things like the parking of trailer trucks and maintaining the natural tree buffer fall off the radar as something the developer would be held to.

Mr. Helmer answered that if they are not in the Site Plan Ordinance, staff can sure make sure they are in there.

Mr. Wingerson said that this is still planned zoning and would still require a site plan and public hearing.

Ms. Newsom asked if no other grading would be able to take place other than what was necessary than what was necessary for the drive.

Mr. Wingerson said that they are limited in Phase I to not disturb vegetation beyond 110’ north of the south property line.

Mr. Garnos said that approval of Phase I did include the provisions regarding trash services, landscaping, irrigation and no disturbance of the vegetation as outlined in the staff memo.

Mr. Wingerson replied that is correct.

Ms. Newsom said that the only benefit of passing Phase II at this point would be the stormwater study, the traffic study, a new monument sign, fire hydrant…

Ms. Alexander said that goes back to her deep concern about any water run-off. She asked if that would be any part of putting the drive in.

Mr. Wingerson answered that there would be engineered plans for the driveway that will have some stormwater component to it, but he would imagine that the existing system will certainly satisfy the new driveway. The study is for the larger development of a new QuikTrip facility.

Ms. Alexander asked if they are able to stop some of the water now that is going across the street.

Mr. Wingerson said staff could take a look at it as part of the permitting process, but he thinks it is unlikely.

Chairman Hill said his only comment would be that he doesn’t know what approval of Phase II gives QuikTrip or the City. He doesn’t see the benefit either way.


Ms. Newsom No

Ms. Alexander No

Mr. McCullough No

Mr. Garnos No

Ms. Smith No

Mr. Shevling No

Mr. Whitton No

Ms. Abbott No

Mr. Steffens No

Chairman Hill No

The motion failed. (0-yes, 10-No)

Item 5 on the Agenda: Communications from the City Council and City Staff.

Mayor Pro-Tem Rudi thanked the Commission for the hard work on this application. She was glad to see them break it down and express their opinion. She also said that Gladfest is coming. She has several openings in the Information Booth. The Atkins-Johnson Farm is also going to have a booth and will need help. The All American Cities Celebration will be on Sunday afternoon at 2:00 pm.

Mr. Wingerson thanked the Commission for coming on a Tuesday this week. He said the Commission had a busy October coming up. He reported that some of the temporary signs have been addressed and some are still being worked on.

Item 6 on the Agenda: Communications from the Planning Commission Members.

Ms. Abbott asked what the status of the Leimhuehler damn is.

Mr. Wingerson said he has been talking with the property owner, but there hasn’t been any progress yet.

Ms. Abbott showed Mr. Wingerson pictures of the pond at the base of the damn which showed a red algae that has formed.

Mr. Wingerson said that a letter was sent to the property owner, Englewood Vista, informing them that they need to clean up the pond.

Ms. Newsom encouraged everyone to volunteer for Gladfest. She said there is an opportunity for everyone no matter the physical level. It’s a great way to be a part of the community and a good way to get out and see everyone.

Item 7 on the Agenda: Adjournment.

Chairman Hill adjourned the meeting at 7:59 pm.

Respectfully submitted:

______________________________________ Approved as submitted _____

Becky Jarrett, Recording Secretary

______________________________________ Approved as corrected _____

Brian Hill, Chairman