Planning Commission - Regular Meeting

Good evening. It's 6 pm and we're going to go ahead and start tonight's planning commission. At this time, would you please stand um for the pledge of allegiance?

I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation, indivisible, with liberty and justice for all. All right, welcome to tonight's City of Independence Planning Commission for Tuesday, February the 24th. For those who wish to speak tonight, please remember to address all comments and questions to the chair and keep your comments brief and on point. If you agree with a previous comment, simply indicate your agreement and move on. In order for us to expedite tonight's meeting, I'm going to ask at this time that anyone who thinks they will testify uh believes they might want to speak to go ahead and please stand. If you think you're going to speak tonight,

please stand. All right. Do you solemnly swear? Do I Please stand up there. Oh, yes. Um, do you solemnly swear to tell the whole truth before this commission tonight? If so, raise your right hand and say, "I do." Okay. Thank you very much.

All right, let's um have a roll call. Commissioner Nesbet here. Commissioner Ferguson here. Commissioner Ashba present. Commissioner O'Neal present. Commissioner Torres present. Chairman Wy present. All right. Has anyone had a chance to look at the consent agenda? Chair, I make a motion that we approve the consent agenda. All right. Great. First and I have a second from Commissioner Ferguson. Any questions about it? Discussion. All right, I will call for the vote.

Commissioner Nesbet, yes. Commissioner uh Ferguson, yes. Commissioner Ashb, yes. Commissioner O'Neal, yes. Commissioner Torres, yes. Chairman Wy, yes. And the motion passes six to zero. All right. Our first uh agenda item tonight is public hearing for case number 261000 two uh resoning staff love to have your report.

This is a um resoning initiated by uh the city uh a request by the city to reszone. Oh, there we go. Um, here's the vicinity map for um the city of Independence. This is a uh request for a reasonzoning of a portion of or city-owned properties that lie just east of the square adjacent to the square here, including city hall where we're now sitting. uh properties from C2 general commercial and then some farther east um from uh I1 industrial to the new uh HSQ historic square zoning. So this is the notification area map of the areas of 185 feet within u the the perimeter of the properties in question. Um you can see um uh the parking lot on Lind Street and um the main uh city buildings here um in this vicinity, the police station uh city hall and plus the sermon center and adjacent properties further to the east. So um this area is largely on this side of Nolan Road is a zone C2 and then there are portions by the sermon center which is zoned industrial. Um properties to the norththeast of this area have residential uses and residential zonings. have commercial zonings

immediately to the north across Truman Road. Of course, the square commercial areas to the west are uh zone C2 as well, as well as um actually um some homes to the south of us along uh Kansas Avenue are also zoned um C2. And then um we have a lot of residential that lies to the southeast of the railroad spur adjacent to this area of the resoning as well. So the comprehensive plan um envisions the square area around here and including the sermon area sermon center as well across Nolan Road as being mixed use. um the imagine independence uh 2040 plan um it's tools and policies portion um envisions this area to be encouraged for mixeduse development and self-sufficient neighborhoods which u pretty much ex uh reflects what actually is the use here with residential to the south and and more commercial here on the main part of the square area. The lots are portions of plats for the independence old town which was platted in 1827 as well as portions of the Waldo subdivision which was plaid in 1859 and 1866 and the Waldo and Norris plats that were done in 1858. So, um,

in 1965, of course, is when the city got its zoning. Um, the area, um, around the railroad spur was zoned M1 as well as on this this side of what is now Nolan Road. Um the only portions that were actually C2 were some uh uh little bits of parking lot at the time. Then in 1980 when we did the the mass reszoning uh city initiate across the city, we basically um made everything that was on the west side of Nolan Road C2 and M1 remained um east of Nolan. 2009 when the UDO of course was adopted u we reabeled M1 to I1. Um, so the city seeks to reszone the the tracks to what is now the new uh historic square zoning that was established um by the city a few months ago in a change to the city code. So it will better perform with and with the reshaping the square plan that has been implemented by the city and is consistent with the character as I said of this area. So, the physical characteristics of this area, um, the properties included basically are where we are right here, city hall, uh, the adjacent parking lots, the parking lot south of Lexington, that's along Lynn, um, the property, um, where the police station is and

where the police cars are parked with the exclusion of the church that's located here on the corner and then across um Nolan Road the Sermon Center and the properties adjacent to the sermon center to the east running down Truman for about a block. So again, the characteristics of this area, we've got residential more uh flanking um areas on the east where um and also the south and south of Lexington along Lexington. And then of course uh the main part of the square here being uh commercial in nature buildings, zero lot lines up to the sidewalk. Um that kind of thing. So, Reshaping the Square. The Reshaping the Square master plan envisions a long-term revitalization of the historic downtown Independence centered around the Truman Courthouse and the surrounding uh National Landmark District. Uh the study area spans from uh Pleasant Street on the west all the way uh to Walnut on the south and Truman Road on the north and of course the tracks and Nolan Road on the east. um the district that we are um the city's requesting um the area be reszoned to this historic square district. Um the reshaping the square plan calls for the establishment of this downtown district that creates a set of development and redevelopment standards designed to closely align with the object objectives that are outlined in that plan.

So the district basically establishes distinct subd districts and the core of uh the downtown area is the historic square. Um, the area of our reszoning, the city-owned properties on the east would all be part of that transition zone, which is a more flexible area that will accommodate a broader range of uses. And then we do have some downtown neighborhood area along Lexington and other places that could not only have uh the current older single family homes that we have, but um other compact town home and other types of housing as types as well. So this is uh that master plan um that was uh recently approved uh by the city and we're in the eastern section of that east of the square and here are those subd districts. So, um the blue areas or I guess that's green teal teal colored areas um is the transition zone and that's what um most of the area of the resoning um occupies. um the recommendation of staff. Well, staff recommends approval of this uh reszoning and I'm ready to take any questions you may have.

All right, Brian, can you go over one more time what we're adding um buildingwise that are just familiar as landmarks? So we know police city hall. Um

so it would be starting on the over here at Lynn. We're talking about the parking lot around the Napa building if you know where that is. Um excluding that little white um building that's on the corner of Lynn and and uh Maple. Um, and then of course all the parking lot for this building on the north, this building itself, it's southeast parking lot. And then south of Lexington, that lot that's on the east side of Lynn going all the way down to Kansas, those that concrete those concrete lots down there. That would be that's part of it. And then it would be all the property that the police station occupies, the the police star uh police car storage occupies um excluding the church here on the corner. And then um uh the Surman property east of Nolan Road and um three or four uh vacant parcels along Truman um just east of the Sermon Center in its adjacent parking lots.

Okay. So you said it again. So now I'm going to question why the church is not included. Well, we're just reszoning properties that are actually city-owned properties. So, we're the only applicant, so that's why it's excluded. Okay. If it's called a historic square, how does that affect the church or does it in any way? Um, I mean, the the plan of course I'm not sure.

Okay. I'm not sure I can answer exactly about the plan as far as any preservation or anything about the exterior of the church or anything, but um as far as the zoning portion goes, um I mean, first of all, a church use could be zoned resident or um a number of different zonings anyway. But the the the hope is that the whole area as different private users do their construction or whatever. Then we will encourage the reszoning of these individual pieces of property by these private property owners to HSQ just like the city's doing in this first step. So the reasoning So since churches are allowed in almost any zoning or they are allowed in any zoning then it's really not

it's not as relevant. The the the big the big positive about this zoning as opposed to the previous C2 is the setbacks that that we we won't we we aren't held to those 15 foot setbacks. uh that are required in C2 right now that make basically everything that's on the square legal non-conforming and pretty much every building around us in legal non-conforming right now and this is this is a fix for that. So okay, thank you for that clarification. All right, commissioners

chair. All right, Commissioner Nesbet. Um, so we're saying the parking lots on Lynn and Kansas, city owns those two parking lots. Yeah. Which lot are you talking about? The parking lots there off of L on Lynn Street. Yes. Between Lexon. Okay. Then the line kind of is it why is it going through the middle of that building? Did you say that building's not included or is it included on land in between Lexington and Truman? You might be calling it the Napa building. I don't know.

Are you talking about Maple? Okay. Yeah. There's that that little white building is is not city-owned property. That's right at the corner of Lynn and Maple. So, [clears throat] are we saying our line is not drawn correctly up there on the map or what I'm looking at on my map? Because it looks like it goes through the middle of the building to me. Okay. I mean, the the aerial imagery we hear is from have is from the county. So, Okay. So, we're saying the parking lot on the back side is owned by the city because that's where we park cars, but the building is not. Correct.

Well, I I think it's I think it's excluded. If you look, I mean, that's a very narrow building. And you notice how it is a little bit farther in than the parking lot that's up there on Truman. So it's it's actually it actually is excluded. Okay. So it is excluded. Okay. I was just trying to figure out why would we exclude that? I mean did you guys not ask the owners or I mean just because it's all city. I mean that's same thing as the church. Our request is just was just our properties.

Okay. Then what I'm going to have a problem with if we go ahead with this HQ ACSQ is it going to give them like imminent domain to go in and take some property to to bring it to bring that property in with it or is it no no legal I mean the only they may want to if they want to rebuild at some point let's say they they have that little property on the corner um comes in with a building permit and the and the value of the property, you know, exceeds um or the value of the construction exceeds the value of the property, right?

And they have to meet code. Well, now they can do that because we have the zoning that has the zero lot line that okay and they can get rid of their C2. Okay. So, the city is bringing this forward to help reszone all this property, even though some of it's still not going to be HSQ around the areas that they're still trying to incorporate into the historic square. Correct. Right. I mean, the idea is the whole square will be HSQ, you know, around the the the build around the courthouse

around the courthouse old courthouse would eventually be. So the other picture zoning, the other picture you show with the teal, none of that is HSQ right now at all. Right. The none of none of the none of this zoning has been enact has been acted yet. We're the first We're the first to do the first properties that will have this new zoning designation. Okay. So none of the other properties have this yet? No. Does it give Well, I guess you probably don't know. Does it give special tax incentives then at the HSQ? Do we know?

No. No. I mean, this is just the the zoning classification that accompanies that's in line with the plan. Okay. That has been passed. Okay. So, it looks like to me what we're trying to exclude is warehouses, wholesale. Is that what is that why we're trying to take it from the C2 to this HQ to exclude that type of Yeah. I I mean it I mean the reason that why it was I1 to begin with you know two to three decades ago the sermon you know before the sermon serum was redeveloped it was an industrial use right I mean and along the railroad track and that's how why that existed.

Okay. Well what I'm trying to get to because we're going from the other one's from C2. So we're trying to get rid of auto repairs. I mean, I guess would restaurants still follow on it says nightclubs and bars and restaurants. Okay, let's try and figure out why. It's just you're saying it's better for them because they don't have to meet the 15 ft boundaries. What you're saying? Well, we're doing it mainly for the setback reasons. Setback.

Um, and but I mean the the it it's largely similar to the C2, mostly similar to the C2. So, it's a basically the setback the 15t setback because right now most of them are built what 8 ft from the prop from the street right and and it's of course west of Lynn you've every building is legal non-conforming because they're all on the sidewalk right and that's why they would have the incentive to do something about that later on

so the HSQ still lets them be able to build with on that 8 foot or four foot away from property the the street, right? So, it lets a we they don't have to get any kind of variance. In other words, I mean, we will have they will have the zoning in place that lets them build or rebuild in the manner that the buildings set on the square right now. So, that's why it's better that we go with the HSQ. That's what we're trying to trying to figure out why this is better for people and try to explain to people why this is better for if they want to rebuild that you don't have to have that variance. That's what we're trying to get to, right?

That's what we're trying to get to across the whole square. Okay. Well, that my question that might help people out in the public also wonder why we're doing this. This is the reason why. Yep. Okay. Thank you. Thank you, Commissioner. Commissioner O'Neal. No, he asked the questions that I was interested. Okay. Any other commissioners? All right. I'm going to Well, I guess the applicant is the city. So, any additional information we need to know, city, I think we've covered everything.

Okay. Uh at this point, um is there anyone who would like to speak in opposition of this case? I was trying to figure out what anyone who would like to speak in opposition of this case. If you'd like to speak, you stand. Anyone who'd like to speak in opposition. Okay. Yes, ma'am. [snorts] Okay. I can't hear you. Um, no. Hold on for a moment. Do you want to speak about this case?

Okay, go ahead and stand up and come up to the mic. I need you to introduce your name and your home address.

Good evening, uh, Madame Chair and vice chair and commissioners. Uh my name is Nina Falls and uh I've lived here 30 plus years and I go to St. Paul Amy Church and uh my address is 18955 East Geronimo Court Independence. All right. What would you like us to know?

Just probably for my clarification too. So in the resoning, the way I understand it, it's usually city property is what's in the resoning. This gentleman was very gracious to be able to kind of explain that before we started. And it's a reshaping uh of the square. So being a person that is in this community and I love it just like it is, but I know changes are coming. I wanted to know two things. So, a church is private property the way I understand it. Just making sure. So, this doesn't affect any church that's in that area. Am I correct?

I'm going to let the city answer your questions. [laughter] What What's your second question?

And uh another one is Hyram Young Park seems to be in that section. I believe in green space. I think it's always an asset. And so I would like to always know that's a secure place that will always be there cuz it's beautiful when you go down Nolan Road and it's just a nice peaceful place to meditate and be in the city. So, I I would like to know if that's going to change because I would be against that. And I'm thinking that is and also if anything was to change, everyone would come back to this table and start all over or is this like written in stone already?

All right, good questions. Thank you. I will let this city address those. Okay, I'll I'll start with the last part first about u the park. Yes.

Um so our master plan of course call as you can see from the drawing here um calls for that to remain. Um of course city property so the city would have to make a decision if they ever in the future wanted to use that property for something else. There's no plans to eliminate the park and of course our plan here um shows improvements landscaping to the park. Um yes, a church just like any other private property um um would could request a resoning in the future at some point if it was in their interest. And it would be in their interests probably if they had uh a major construction project at some point that that would um push them to the point where the they would need to deal with some nonconformities. And the nice thing about the the HSQ is that it eliminates a number of those legal nonconformities that are here now. Um, and so that that there would be no reasonzoning it to their property unless they had they were the applicant to request it. Okay. All right. Ma'am, did that answer your questions?

Yes. I was have to be on the mic if you respond.

Yes, that does answer uh a lot of the questions that you know naturally people will be worried about. It sounds as if churches are almost sort of like private properties that will never be eminent domained. Is that what we were saying? Unless we decided we need reszoning ourselves. Is that the way I understand it? There's there's no this is this again this is just about enacting um reszoning or zonings that are within the envision master plan. There's no plans for taking anyone's property or for any kind of intimate domain. That that that is not part of this discussion. it. But it's um the purpose of the this new zoning district is just to give the flexibility so that things that happen on the square can be continue to be built in a way within their historic context that they have been in the past. Our current zoning is more the C2 zoning for instance is more conducive to like Nolan Road and your major commercial strip corridors and really is not conducive to a downtown area. So, this is a zoning that fits the nature of what the square is.

All right. Thank you very much. Thank you. Any additional comments? Uh, no. It's just I love living here. We are the center of uh the universe and I don't want it to change too much because that's the character of independence is important to me and I think many others. So, I thank you for your time. All right. Thank you very much. Anyone else present who'd like to speak in opposition or has a comment? Okay. Do do you want to speak? Yes.

Okay. I'll go ahead and have you raise your hand before you speak. Um, just do you promise uh solemnly swear to tell the truth to the best of your ability to this commission tonight? If so, say I do. I do. All right. Go ahead and state your name and your address first.

My name is Alver Versia Brown Pettiggrew. My address is 811 North Delaware. I've lived in Independence 81 years. When you're talking about imminent domain, I've experienced that growing up in the neck. I know some of you may know I wrote a book about memories of a neck child. Um, another lady here, Nancy Harris and I grew up in that neighborhood that is now the McCoy Park. And because of the Truman Library, you know, we had to move out of there to make room for uh, McCoy Park in the mid50s when we first built our church across the street. I mean, it's been there. When Nolan Road, Memorial Drive was called Nolan Road, and it was a two-lane road in front of us that went straight across. Our address changed from 100 North Nolan to 200 East Lexington. And I know you're saying that the church will not be included in this. I want to speak for the park that's across the street. Mrs. Harris and her group uh the concerned citizens were very instrumental in getting that park across the street with the wagon wheel and and uh the block named just that block Hyram Young. Hyram Young was a great pioneer and one of the richest men in Jackson County here. So I think the recognition for him across the street would be a disservice to the historic square. By the way, our church is named Historic St. Paul African Methodist Episcopal Church. One of the founders of our

church was Hyram Young who also appropriated the funds for the school which Commissioner O'Neal is quite familiar with Young School. So this whole area is kind of a historic area. Emily Fiser was one that had a hotel on the historic Independent Square. A black lady. I'm concerned that maybe if the church is not going to be involved, if that historic part, the park, Mrs. Falls said something about she likes the green area. I like the green area also, as well as I'm sure a lot of residents of Independence, but that park speaks a lot to the historic square. So, I question if that's going to be uh reszoned and uh the wagon wheel of Hyram Young, the great wagon maker. if all of that's going to be reszoned. I'd hate to see that happen because uh like you say, black history is American history and it's a black man that has really made his mark both to the church and to the school and independence and I hope those him historic landmarks can remain. Thank you very much. I appreciate it. Any other comments before Okay. Anyone else in the galley like to speak in opposition or have a comment? Anyone who'd like to speak in favor of the case. Okay. Not seeing any commissioners. Anything else? I'm going to go ahead and close this public hearing.

So, Brian, I don't want to put you on the spot anymore than we have. Um, can you Hyram Young is owned by who? The park.

My understanding is it is a city owned park. I'm um as far as I know it's city-owned property and it it is not intended to be included it's not included in the legal description for this reasonzoning that we're not going to reszone the park. It's not necessary to reszone the park. Um the master plan calls for the park to be preserved. Um I I don't know about the details of the of the plantings on here and the landscaping whether it's what's there reiteration of what there is there now or whether additional uh landscaping is is intended but the intention is uh to keep this as a is a a landscaped area green space um for the perimeter of the square area. Um there's no um this is again this resoning is just about reszoning city properties that we own. Um so there's nothing about taking properties. There's not any kind of intimate domain envisioned. there's not uh or any kind of forced um reasonzoning on other actors besides the city itself. So um but um again the the intention of this um request is just to reszone these city properties so um they better um can adhere to as they change and evolve.

um stick with the historic pattern of the square and allow for that to occur.

Okay. Thank you very much. Um there was one other question that I don't know that we addressed and that is to change the zoning zoning today um or recommend that it change to the historic square Somebody asked, "Is that it?" Um, so what would be an occasion that would require something to come back to the zoning in regards to the square area? Someone could around the courthouse possibly at some point in the future uh propose a um a redevelopment of a lot um you know fixing up a existing structure and getting it out or putting a new one up. But um the way our code exists now as C2 you it sort of doesn't allow to the square to be rebuilt as it currently exists. our our current zoning sort of imposes like a Nolan Road type standard on our square. And the purpose of this reszoning or the creation of this district that could be used by other lots like we are now in the future is a way that people could develop and redevelop properties and preserve properties in a manner that is consistent with how the square has historically been.

Okay. I think that's the best clarification that we've needed to kind of make sure it's in the minutes there. So, thank you very much for that saying that again and and kind of expanding on it. Commissioners, any additional questions for staff chair? Yes, commissioner. Uh way I see it's like what they're trying to to do is that if say something happened to the square, something burnt down there and took half the square out, they couldn't rebuild it like it is without [clears throat] reszoning it. So that's the biggest thing why they're trying to do this. Chair, I'll make a motion we approve case 26100-02 reszoning city owned properties

located near Truman and Nolan, Lexington and Memorial and Lexington and Lynn. All right, I have a first second. And I have a second. Thank you, Commissioner Torres. Any final discussion? All right, I'm going to call for the vote. Commissioner Nesbet, yes. Commissioner Ferguson, yes. Commissioner Ashbaw, yes. Commissioner O'Neal, yes. Commissioner Torres, yes. Chairman Wy,

yes. And the motion passes six to zero. for case number 2610002 of resoning um creating the historic HSQ. All right, we will now move on to uh short-term rental cases. Um, I have case number 400, excuse me, 2640001, short-term rental on East 47 Terrace.

This is a request by the applicant, Adam Austin, for a short-term rental at 12115 East 47 Terrace South. Um, as you can see from this vicinity map, it's in that far southeastern or southwestern peninsula of the city there near uh North Fleet and 47th Street area. So, you can see from the notification map, it's uh just up the street from Chrysler. Um, and you can see all the surrounding uh single family residential lots that are within 185 ft in that notification zone. And like I just said, the zoning around there is single family residential and that's the use and the zoning of all the surrounding properties in the area. As far as the property characteristics go, this is lot um 103 of the Blue View edition. Um it's a lot that's 13,68 square ft in area. Uh the dwelling was uh constructed 1963. It contains a house that is uh 950 square ft of living area, consists of a main story and a garage and a basement. Uh, as far as the characteristics of the area, again, it's um actually I said Phelps Road. That that should say North Fleet probably, but it's two blocks um southwest of the intersection of uh 47th Street and and the North Fleet area. Uh the neighborhood consists of residences,

like I said, that were similar age and character in design. Uh they are mostly small ranch houses on large lots. Like I said, that's 13,000 square feet. Uh built in the 1950s and uh the 1960s. As far as the property history, it was annexed in the city in 1956. Uh it was platted though even though the house was built in 1963 it was plat platted in uh 1955. County records indicate that the applicant tain ownership of the property um in last year um around June 4th. Uh the parking has a singlecar driveway with a single car garage providing parking for three vehicles. A street parking is available um in front of the residents. As far as um their security plans for as far as what to do with unruly guests and security, the applicant will use an A entitled uh minute noise monitoring system. Uh the applicant will post quiet hours and uh penalties for violating the city's no noise ordinance as well. So, as far as the uh short-term rental requirements, um something to point out, um I I mentioned the minute noise monitoring. They will be using Ted's trash service um on a weekly basis. Uh on Mondays um property will be listed on three platforms uh the Airbnb, the VBO and uh Booking.com.

So this is a uh picture of the main level um floor plan. You can see um bedrooms there and then the basement floor plan with the uh bedroom below. And uh it there is a a fire rated u uh window exit as well off that lower bedroom. Uh then evacuation plan which is missing off of here. But here's how to um um leave from the basement area. As far as the nearest uh short-term rentals, um let's see. Uh there's one to the south just south of 49 Terrace. Um but well outside of the 500 ft that is required. Some of these pictures somehow have disappeared. I apologize for that. So, um, this is eastward up the street and westward down the street. And uh

as far as the staff recommendation goes, um couple of things I need to highlight. Uh maximum occupancy of the premises would be limited to six adults. Uh given it has three bedrooms. So staff recommends approval of the short-term rental with those seven conditions that are on the board there. All right. Thank you very much. Um, so Brian, I'm assuming that our cases tonight have not been operating without the proper um

approval approval before tonight. They they had they had quit. Okay. Yeah. Um All right. Commissioners, any questions for staff? All right. I'd like to invite the applicant to go ahead and come up then.

Sir, were you sworn in uh earlier? Like at first? Yes. Okay. All right. No. You came in late, so you didn't No. No. I was I was here at the very beginning. Okay. Yeah. You stood. Yeah. Everybody did the pledge of allegiance or whatever. Yeah. Not to pledge allegiance. It was a swearing in to speak. Oh, well, no. Okay. I just need you to raise your right hand and do you solemnly swear to tell the truth to the best of your ability to this planning commission? If so, say I do. I do. All right. Now, go ahead. Share your name and your address, please. First,

uh, my name is Adam Austin, and my address is the, uh, address in question, 12115 East 47 Terror South. Okay. Yeah. And what do you want us to know about your short-term rental? Um um this is my second one. I came before you uh last year. Uh there's one and did the one off of uh Circle Drive. So that was probably about year and a half ago now. So yeah. All right. How's that going?

It's going good. It's uh it's a lot more work um than I first anticipated it do being uh but it's uh it's going well overall. All right. So, I noticed your address is adjacent to this. No, I we live there. We live there now. Oh, you live there now? Yeah, we're currently trying to find a new place to live. Okay. So, yeah. All right. So, you will not start until you're no longer living there. Unless they want to come sleep in my bedroom. No. Okay. All right. Good to know. Good to know. Anything else you can think of we should know? Um, no, I don't know.

Okay. All right. Thank you very much. We'll call you back up if we need Oh, yes. Has he make sure he knows it's only six people, not eight? Yeah, I I did notice that. Um, yeah, six because you put on your application eight, but it can only be six. That's fine. Okay. [clears throat] Less people is actually easier. So, And I will just remind you it's up to a maximum of 10 including children. Correct. Yeah. All right. All right. We'll call you back if we need to. Thank you very much.

Is there anyone present who'd like to speak in opposition of this case? Anyone present that'd like to speak in opposition? Okay. Seeing none, is there anyone who'd like to speak for this case? Anyone who'd like to speak for this case? Okay, I'm not seeing any before I close it. Anything else for staff? All right, I'm going to go ahead and close the public hearing. Madam Chair.

Yes, Commissioner O'Neal. I move that we approve case number 26400-01, a short-term rental at 12115 East 47th D South. Second. Okay, I have a first and a [clears throat] second from Commissioner Ashwa. All right, I will call for the vote. Commissioner Nesbet, yes. Commissioner Ferguson, yes. Commissioner Ashbot, yes. Commissioner O'Neal, yes. Commissioner Torres. Yes. And Chairman Wy.

Yes. And the case passes 6 to zero for case number 2640001 short-term rental at 12115 East 47th Terasel. All right, we are on for our next case. Also a short-term rental case number 2540007. Short-term rental on West Waldo. Alrighty. [clears throat] Yes. This is an application for short-term rental approval of a property located at 1425 West Waldo Avenue. That's a property uh just north of Truman Road. Um let's see here. Notification area map of the subject site as required by city code shows that property on the east side of Forest Avenue. So uh again just north of Truman Road on the east side of Forest Avenue uh on Waldo. A zoning map of the subject site and the surrounding area shows that the area is predominantly characterized by R12 or duplex zoning district classification. Uh directly abuing the subject site to the south is a retirement home zoned R30PUD or multif family housing. the characteristics of the subject site and I apologize but it does appear that there is uh an error on this slide so there's no picture showing the aerial imagery the parcel is approximately 16,000 square feet in size county records indicate the dwelling was constructed in

the 70s and encloses approximately 1,400 square ft of living area. The dwelling does share a driveway with the neighboring property to the east. The shared driveway wraps around to the rear of the duplex and the garage is available to guests. Here's a picture of the front facade of the duplex. It's characterized by hipped roof and features brick siding. Excuse me, a bricks facade. Street level im imagery of the surrounding neighborhood looking eastbound down Waldo Avenue and westbound towards Forest. And unfortunately that floor plan is is not populating on the screen. It is a part of your packets. There are two bedrooms uh in the main level for guests to occupy. A floor plan of the basement uh does show the garage available for guest access and and no other dwelling or common areas uh available for guests. Uh parking plan of the subject site shows a shared driveway between uh the duplex to the be uh excuse me east and the nearest short-term rental is greater than a th00and square uh feet away. So, the site does not meet the city's density limitations for short-term rentals. Staff does recommend approval of the short-term rental with the standard conditions. In this case, the premises shall be limited to four persons. The occupancy and then maximum number of bedrooms shall be two. That concludes the presentation and I'm available for

any questions. All right. Thank you very much. Any questions for staff member? Okay, I'm going to go ahead and call the applicant up and sir, were you sworn in? No. Okay. Um, and you can go ahead and raise that mic up to the top shelf there. There you go. We'll be able to hear you a little more. Um, just raise your right hand. Do you solemnly swear to tell the truth to the best of your ability tonight to this commission? If so, say I do. I do. All right. And state your name and your address.

Uh my name is Eric Benz. I live on the other side of the state line, 12114 West 72nd Terrace in Shaunie, Kansas. What do you want us to know about this duplex and turning aside into a short-term rental?

Sure. Um it's currently a long-term rental. Uh it's my only rental that I own and manage. Uh we try to be very fair to the renters. Um I don't charge any extra fees. It's it's just rent. We take care of the renters as well. I think a lot of that comes from us being small. Um and uh yeah, I would like to change it into a short-term rental. All right. So, will one side be a long-term rental and then the other side's a short-term rental? That's our current plan. Yes.

Okay. All right. Commissioners, any questions for our applicant? All right. Seeing none, we'll call you back up if we need to. Thank you. All right. Is there anyone present who would like to speak in opposition of this case? Anyone who'd like to speak in opposition? All right, seeing none, anyone who'd like to speak in favor of this case? Anyone to speak in favor? All right. Seeing none, I'm going to go ahead and close the public hearing. All right. Final comments for staff. Questions?

Chair? Yes, Commissioner. I make a motion we approve case 2640007 short-term rental 1425 West Waldo Avenue. All right, I have a first. Second and a second from Commissioner Torres. All right, I will call for the vote. Commissioner Nesbbit, yes. Commissioner Ferguson, yes. Commissioner Ashb, yes. Commissioner O'Neal, yes. Commissioner Torres, yes. Chair Wy,

yes. And the motion passes 6 to zero for case number 2640007, short-term rental at 1425 West Waldo Avenue. Right. Congratulations and thank you very much. Staff, thank you so much for all your comments and work tonight. I greatly appreciate it. All right, Rick. Anything good for the order since we have some big nights coming up?

So, we are You didn't get a copy of the CIP packet. Um that'll be for the March 10th meeting. That's what we're planning and anticipating. It'll be here in this um this location. Uh that is expected to be our last location here. We do have, I believe, is it five or six short-term rental cases at night. Um, you know, we don't know how quickly those will go, but, um, we'll obviously have representatives from each department here to talk about their projects. So, hopefully those will go through quickly and, um, we can get to the CIP conversation. Um, so it might be a little bit of a longer night, just FYI.

All right. Thank you for the heads up on that. And uh Commissioner Ashva, you had a question. Yes, I do. Hopefully, it's an easy question, Rick. Do we have any companies uh working in independence right now or or seeking to come into independence right now that are build to rent home builders? Build to rent home builders. Build to rent. They come in and build new homes, but they're all to rent. They're not for

I mean I can't necessarily say specifically on each project. I mean it isn't uncommon that we have developers that will build um like a duplex development that they intend to to rent out. Um uh forplex or multiplex developments that they intend to build out. I guess that fits your definition of a build to rent. They don't necessarily label themselves that way, but most of them are build to rent. They build single family type homes. They look that way in every respect, but they're all for rent. They're not for for

I'm not familiar of any here. [snorts] I mean, I know the ones that we are building here for single family residential, I think they're intended to be owner occupied. Um, yes, that doesn't mean that sometimes a developer who's also a builder could potentially rent one of those homes. Well, it's kind of like everything else in this industry. Everything starts out east and comes our way. Yeah.

So, I didn't know if we had any guardrails or anything. Uh, typically it's only going to be, you know, if we end up getting a new plaid or a new subdivision, those are the types of questions we would ask when when they submit that. I don't think there's any any of the existing developments that we have going or any of the existing developments that we've approved. That hasn't been the intent uh for any of the single family home subdivisions. Um, but [clears throat] I can do I can say we do have um some developments that are actually being developed by the developer who's also building the houses. And does that mean that they can rent some of those? Yes. But that that wasn't the intent. And I don't think that was ever before us as a PUB for just building single family homes to rent. Right.

So, you know, they're usually sold as single [clears throat] family homes. And then as you go down the the road, sometimes they need to sell and they rent them out, but uh a lot of times if the neighbors, depending on how cohesive the neighborhood is, sometimes they find out, they get very upset and then there's really nothing they can do. But these developments are just for that purpose. So, it's like a corporation is building a bunch of rental units. I'm familiar with the practice um not here, not at Independence of developers taking single family developments that are basically being sold to um entities for rent. I'm I'm a I'm familiar with that process, but none of the ones that I know of that were approved here in Independence or from my knowledge, their intentions are not to do that. Well, that's fine. I'm I'm looking down the road a little ways because I'm sure someone sometime, especially if they're from the east, our land is relatively cheap and that, you know, looks like dollar signs to them. And I just don't know that that's a a good, you know, good option to do. It might be on a limited basis. I don't want to see someone come in and build 500 homes in a subdivision and they're all for rent and there's no organization. There's no homeowners association. There's nothing. There's no, you know, it's like the wild west. Everybody all a sudden rent and the place is run down in 10 years. That kind of scenario. So that's why I was asking if there's anything that people are talking about or planning on or looking into or not or you got so much trouble right now you

Yeah, I mean I have not none of us have been you know in discussions with anybody who's planning to do anything like that. Um in terms of you know some guard rails, let's say for example somebody does choose to do that. I don't know um of a mechanism other than when this development becomes new or during construction. I mean we would notice that with a building permit. Um well you know what happens all the time is like the used car lots they just keep coming all a sudden say we're we got to do something about this but we should have done something before it even start.

Yeah. Rick, where he's getting at is can we get something out there on the books in the PUB so that we cannot manage a rental something like that because that probably is true coming down the line. I mean, we can certainly look into that. I mean, I don't there there's nothing particular in the code for something like that other than the PUD process. Um because if you don't have a PED, if you're meeting uh the code per se for a development, if it's zoned for single family R six residential and they submit construction plans to build that development, um then there's no PUD actions that we can put conditions on. So,

well, how about a zoning for single family rentals? Would that be? Yeah. I mean, we can certainly look into those types of things and maybe see what other communities have done to try to stave off that type of behavior. Yeah, that's what I was wondering. Maybe if you know some guys in St. Louis, ask them if they're, you know, Yeah, we can certainly do that. Yeah. Yeah. I just Why not? I mean, yeah, it's going to happen. No, I Yeah, I agree. the uh from what I've read, this type of building has been increasing a minimum of 15 to 20% every year. Okay.

More than what it was last year. So, I'd like us to kind of be ahead of the game. The way I see it's probably something like our the communities that they already approved for older people, they're almost like single family rooms. But it's all then it's all rental, wasn't it? Or what do they sell in those? Uh yeah, typically those like what you're talking about with the um I won't name names, but yeah, for the particular um senior developments, those are intended for rent. Yes. Right. And that's what he's getting at. But that's what I'm saying. We need to have something on the books so that we can control those when it comes down the line.

Understand those though. I think we're all Well, yeah, I think those are all pretty much PUB. Those are all all the R18s are PUD U developments. So that you could potentially put conditions on some of those. Yeah. Because like sometimes there's, you know, there's subdivisions that start and then there's holes and there's infill that wants to come in. And if something came in like that, that could, you know, that that could be a bad situation. And I don't I'm not saying don't build any, but there has to be some type of conditions they have to meet. long term?

No. [clears throat] Yeah. Like, you know, like seems like uh for example, uh a lot of these apartments and rental places are built like a right abuing C2, you know, and then it starts to go into single family homes, but this one could go right into single family homes without, [laughter] you know, right in the middle of something. So, I'm sorry. I didn't want to drag it out. No, you're fine. I wanted to know. [clears throat] Good discussion. I think Would you I we can certainly do some research in in regards to those types of developments now or something like that.

Yeah, we can certainly do, you know, give you something about that type of development. Um like I said, right now R six is not a PUD zoning unless somebody's doing something that does cause it to be a PUD. Uh in which case you can put those conditions in. But um really I think at at for this point per our code um that would have to be something this body and the council would have to take into consideration if somebody's looking to reszone a piece of property to R six. What's your intentions for it? I mean because R six is single family. If they don't meet the contextual code then it would have to be a PUD and then the PUD process could allow conditions on those types of things. And that's where you could either recommend or not recommend uh that project moving forward. Um I don't know how you could prevent somebody, for example, going into any subdivision and buying 20 houses on a street at this point and then renting those out. I mean, you would still have a rental ready program. We would still be doing those inspections and licensing for those. Um, but I don't know if there is a mechanism to prevent somebody from being able to do that now.

Well, maybe you don't prevent, but there's got to be some way to regulate it. I would think there's got to be some kind of discussion. Yeah. Like I said, we can certainly look into that and I Okay. Yeah. For further discussion. Yeah. All right. All right. Thank you. Any additional questions or discussion for staff? All righty. I will adjourn this meeting at 7:10 p.m.