Planning Commission - Regular Meeting

All right. I just want to welcome everyone to the Planning Commission meeting tonight. We'll go ahead and get started at 6 p.m. If you would please rise and join me for the Pledge of Allegiance. All right, it is October 27th, and this is the City of Independence Planning Commission meeting. I will ask for the roll call.

Here. All right. As we get started tonight, I would just ask if anyone would like to speak tonight. So you think you might speak, then go ahead and please stand at this time. That would be you on online as well. You're going to go ahead and stand if you're going to speak. And raise your right hand. Do you promise to tell the truth to this commission tonight? If so, say I will. I will.

All right. Thank you. You can be seated. All right. I'm ready for the first. Yes.

Yes. I make a motion to approve the consent agenda.

Okay. Second. We have a motion for the consent agenda.

Yes, and the motion passes six, excuse me, seven to zero. All right, let's move on with our first case of the evening. I do believe we have a motion?

Okay, can you explain why we need to consider this?

So we have three addresses that need to be removed. We will need a motion in order to change the case number. Madam Chair? Yes.

I make a motion to do just that, to remove the addresses on Case 26-100-13, Correctory Zoning. 10,001, 10,007, and 10,019. All the rest shall stay as they are. Second.

Okay, we have a first and a second. Any discussion? Okay, is there any particular reason the owner did not want to be a part of their rezoning?

Okay. All right. So we have a motion. Any further discussion?

Could we go ahead and rezone them if we pass it? I mean, even though he does not want it on here?

My question is going to be, without looking at pictures here, I'm trying to figure out, so they're the vacant lots is what they are, all three of them?

And they're on Wilson Road, correct? Yes. And there's no other intentions to plan on, if somebody wanted to build commercial there, would they be able to because of the size of the lots?

Because, I mean, if the city brought this forward, I'm saying this is probably the best for the city to have it rezoned to R6, even though it is industrial. I just can't see why this owner is abstaining to it. Because, I mean, then he could go ahead and put a house on there or something. And that's what we're wanting in this area, correct?

Can you bring up the picture of that? Do you have those pictures handy real quick of those two lots?

I'm trying to figure this out here. Where are we at here again? So it's all the blue lots is what we're doing?

You know, my understanding of the purpose of this commission is to make sure that that property is zoned most appropriate for what it's being used for. And what we're doing here is we're zoning part of this group of properties as one, and then we're splitting up in the middle of it. So what is to keep us from winding up like suburbs in Chicago? So these people that own the properties that we're actually going to change the zoning on may not like having an industrial complex next door to them. So I'm not going to be voting in favor of this amendment.

Commissioner young chair so Would there be anything? So as an example if the decision was made to leave them as part of this group like I was originally presented to us Would there be anything that would preclude the owner from petitioning since they didn't show up tonight to have the discussion? In the first place would there be anything that would preclude them from coming back to the city and asking the city to consider rezoning it back if they had a valid reason. You know what I'm saying?

Yes. I think clarification, too, is that if we exclude it tonight, he can always come in the future and ask for rezoning the other way as well. Rick, I would probably like you to, can you kind of jump in here? Because we talked a little bit about a staffing initiative rezoning versus an individual and just why we would not want to tell an owner what they have to do.

Yeah, I think our attorney, is there any liability here of keeping it included in this staffing zoning change?

Of the owner not wanting the zoning change, and we don't take those three addresses out.

All right, we do have a motion on the table to remove these three addresses. Any additional conversation before we vote?

Just really quickly, because I haven't had time to actually look this up. This is another Google map thing. So are these addresses correct as far as the Jackson County?

Well, the gentleman on, I'm guessing it's 1001, on the far northwest, I would believe, if maps, far northwest corner, do you know what type of land, what's he doing with the land? Is it just vacant?

I'm thinking, I'm thinking this is 10,000.

Can we postpone this vote until we have the presentation? Would that be unreasonable?

If I withdraw the motion. Are we going to be able to proceed with the report? Is everybody upset about that? Or do you want to go ahead and vote on it? Yeah, he made the motion.

Would you like to withdraw your motion at this point?

I would like to withdraw my previous motion. Thank you very much.

All right. All right, the motion has been withdrawn and we will now continue with the staff report. Thank you, Brian.

All right. Thank you very much. Open it up for discussion.

Brian, the next house that's on there, what's the address of it? I have to pass the vacant lot. Because Google's coming up with a different address than I'm thinking what you're coming up with.

I mean, they're showing 10,000, I mean, yeah, 10,025. And you're saying that address is 10,021?

Did you verify the address or anything? When you're out there looking, do you guys verify the addresses of the houses? You mean the numbers on the houses? Yes.

Okay. So according to whatever you guys have gotten, the house numbers start with 10,000, 21, 27, and let's see, 21, 23, 25, 29. So I mean... I'd like to make sure we got the right things, because like I say, according to what we're seeing, it's not correct.

That's what I was kind of wondering. Would you be able to put the map that you had showing those three properties that you wanted to exclude again?

Maybe I'm wrong. It's happened before. But 98 on Jackson County, it looks like the very top one that I was asking about, that's like the northwest corner, like the corner of Overton Avenue and Wilson. Right. The county is saying that's 9803.

Which ones are you wanting to exclude? Because I think that's where we got tripped up here. You were showing a map with two of them and you wanted to exclude certain ones.

When you said three, that's what I was looking at, so I stand corrected. Those are separate lots. I stand corrected. Thank you.

My only worry is that I'm hoping that, I mean, the counties are correct because, I mean, Google Maps is all wrong on their addresses. So without us verifying them on homes, I mean, I just hope that that's correct.

I've got it on Google Maps where the addresses are correct.

Okay. Okay. Maybe, I don't know. It depends what version, I guess. Okay.

Well, Madam Chair, I'd like to renew my original motion. Okay.

Property owners not here and the one thing it seems to me that's been one consistent in this is the property owners seem to have a lot of rights and if he doesn't want to do it he doesn't have to do it but that doesn't mean that he gets the right to do whatever he wants later on so

You don't have to make a motion. We can just go with the motion.

We had to make a motion because we had to cross some of them out.

Just based upon the fact that if the owner had gotten to us before these went out of the mail, you would have taken them off anyways. So I think it's the right thing to do is if an owner owns the property, pay taxes on the property, and they want us to remain, that's their prerogative.

All right, so for clarity, we have a motion, and it's been seconded to remove and amend the current case, case number 26113, to not include numbers 10,001, 10,007, and 10,019. Correct. All right, so any further discussion? All right, I will call a vote on the motion to amend the case.

Votes, yes. Okay. So that's a vote of five to two in favor of the case. Now I will open up for a motion on the case.

I make a motion to approve case 25113, correct the rezoning of all addresses excluding the 1, 7, and 19.

All right, we have case number 26113. Second. That has now been amended, and I have a first and a second. Any final discussion? All right, I will go ahead and call for the vote. Commissioner Suffolk.

Yes, and the motion passes 7 to 0 to approve case number 2610013, corrective rezoning of 9809, 1015, 1021, 1023, 1025, 1029, 1031, 1,033, 1,035, excuse me, that's 10,000, and 10,037 East Wilson Road. All right. Is our next applicant here? Okay. So we'll go ahead and move on to our next case. Case number 26114. I welcome the staff report.

All right. Thank you very much. Any questions for our staff? Yes, Commissioner Nesbitt.

Can you go back to your picture with the yellow? So you're saying the yellow is all, the bright yellow, is all R30?

It's two-family. So everything to the east is R30 then? So basically, almost all them duplexes need to be redone.

OK. That's why I was just checking. Thank you.

All right. Any additional questions for staff? All right. At this time, I invite the applicant forward. And sir, I know you were not sworn in. So once you stand, you would raise your right hand. Do you promise to tell the truth to this commission tonight? If so, say I will. I will. All right. And, Jen, state your name and your address, and we'll need to get the mic on. There you go.

All right. What would you like us to know about this rezoning application?

Okay, great. Commissioners, any questions for our applicant? Okay, you can be seated for now. Thank you. Is there anyone present who would like to speak in favor of this case? Anyone to speak in favor? Seeing none, is there anyone present who would like to speak in opposition of this case? Anyone to speak in opposition? Seeing none, any final comments, questions? All right, I'm going to go ahead and close the public hearing. And, yes, Commissioner O'Neill.

I would move that we approve case number 26100-14, corrective rezoning, for address 15010 East 46th Street South.

And I have a second. Any discussion? All right. I will go ahead and call for the vote. The public hearing has been closed. After the vote. Yes, I'm sure you can.

Yes. And the motion passes 7-0 for case number... 26-100-14, corrective rezoning 15010 East 46th Street South has been approved. I don't think I want that in the official transcript.

Thank you for bringing that to my attention. I'm pulling my paper out. All right, for the record, case number 26113, corrective rezoning from staff. I do wanna open the public hearing in case there was anyone present who wanted to speak in either opposition or in favor of this corrective rezoning. Anybody present to speak in favor or in opposition of corrective rezoning? Seeing none, I'm going to go ahead and close the public hearing. All right, we are on to our short-term rental.

All right, thank you very much. All right, I do know that our applicants are online, so if you'd like to please introduce, state your names, and then your address of where you reside.

Could you also state your... Could you also state your address, please, of where you reside?

All right. All right. Excellent. Now, please, we'd love to hear about your short term role.

All right. Commissioners, what questions do you have? All right, I just have one. Could you kind of talk about what the plan is if there's an incident and it's not a time when you're living close? Do you have an agent or somebody that's readily available?

Okay. Thank you very much. Just one more question. How would you get your renters? Are you using a particular platform?

Okay. Thank you very much. We'll call you back. If we need to. Okay. So just hang on. All right. Anyone in the audience or online that would like to speak in favor of this case? Anyone to speak in favor? All right. Anyone in the audience or online who'd like to speak in opposition of this case? Anyone? All right. I'm seeing none. Any final comments? Anyone? Questions? All right. I'm going to go ahead and close the up. We do have one commissioner.

I want to ask it now, but I would like to ask it right after we're done.

Okay. All right. I'm going to go ahead and close the public hearing then.

Chair. Yes. I make a motion to approve case 26490, short-term rental, 16417 East 28th Street South.

All right, I have a first. Second. And I have a second. All right. I'm going to go ahead and call for the vote.

Yes. And the motion passes for case number 26490, short-term rental, 16417 East 28th Street South. Congratulations.

All right. Commissioner Ashfa, you had a question.

My question is for staff. So they have to reapply every year, correct?

Well, my observation is then... Or my I guess maybe you could call the please answer my question When we talk here and we approve these we ask certain questions and some of that approval kind of relies on if they have folks Just in case something happens that they can rely on to come and you know be there when they're unable to so And I'm responding to this because, you know, you may be relying on somebody who is your parent, and if they pass or if that family passes, you don't – we ask if they have somebody, but if that somebody passes, then how do we – what do we do? We just wait until somet

Okay. So it's just a punitive thing. And then once that all happens, if it happens enough, then it's revoked. So if they apply again and they say, we fixed this, then we have to say, okay, you fixed it and give them a – I just don't – maybe it's just because we don't want more paperwork or whatever it is. So I don't understand why they don't have to –

So there's this periodic. Yep. thing that we do. That's awesome. Glad to hear it. Chair. All right. Chair, may I ask staff a question?

All right. Any additional questions? All right. I will just remind everyone to get out and vote next week. And at this point, I will adjourn our meeting.