PLANNING & ZONING COMMISSION
MINUTES OF SPECIAL MEETING JUNE 27, 2007
PRESENT:
Randy Hagerty, Chairman
Glen Novinger, Jr.
John Buckwalter
Dean West
Carolyn Chrisman
Paul Frazier, Code Administrator
Brad Selby, Code Staff
ABSENT:
Jill McCord, Councilmember
Charles Giovannini
Doug Kollar
Danny McDowell
CALL TO ORDER
Chairman Hagerty called the special meeting of the Planning & Zoning Commission in the City Council Chamber to order at 7:00 p.m.
APPROVAL OF AGENDA
Chairman Hagerty asked for changes to the agenda. With no changes, Chairman Hagerty declared the agenda adopted.
APPROVAL OF MINUTES
Chairman Hagerty asked for changes to the minutes of June 13, 2007. With no changes either, Chairman Hagerty declared the minutes adopted as published.
OLD BUSINESS
A. Continuation of public meeting to consider re-zoning of 901 S. Baltimore for retail business use by Laci Cook for Pawsitive Animalworks.
Mr. Selby reported that more detailed measurements had been taken and there would be enough parking space to accommodate five vehicles, excluding the garage, and room for two additional parking spaces if needed in the future. He recapped that overnight stays of dogs would be limited to five and they would be housed indoors to limit noise. Mr. Selby recommended placing no parking on street signs in front of the business to assure people did not park on the actual street. Mr. Selby stated that Baltimore was more suited for business and the property had met and exceeded the point requirement for rezoning to low density corridor zoning.
Mr. Frazier stated that as a city planner, he had heard much discussion regarding Baltimore and other streets with heavy traffic patterns, so the Point System Corridor Zoning was developed, and the point system works. It has allowed rezoning for businesses that have met the requirements and has kept some out that have not. Mr. Frazier pointed out that the proposal meets and exceeds the point requirement. He cautioned the Commission that action taken could set a precedent that might negate some of the work done by planners.
Chairman Hagerty asked why staff was requesting a land use restriction for the property when it would be limited by the Low Density Corridor Zoning and site plan? Mr. Selby responded that City staff believes the property should not be limited to only a dog grooming business, but could be used for a similar service type business. Mr. Frazier stated that the ordinance was structured whereby you could label, identify or recommend certain conditions. In the Low Density Corridor Zoning, other uses such as apartments are allowed so this will restrict it to a service type business. Chairman Hagerty stated that at the last Commission meeting, they mentioned selling pet items. Would that go beyond a service type business and make it commercial which would restrict them from selling items? Mr. Frazier responded that he did not believe so based on the home occupation clause that allowed accessory or incidental sales.
PROPONENTS
Laci Cook, 923 Sundown, Kirksville, MO – Ms. Cook stated that as owner of Pawsitive Animalworks she had met and exceeded any conditions and requests required by the city. Ms. Cook read excerpts from letters of support. She stated that dogs housed overnight would be housed in individual containers with no sight to each other or outside. Ms. Cook stated that her current business location does not have extensive parking and that she only has two spaces on any given day.
Jean Varnold, 2106 E. McPherson, Kirksville, MO – Ms. Varnold stated she was a current customer. Her work parking space is directly across from Ms. Cook’s current location and she noticed no noise. Ms. Cook runs a very nice business. She would welcome Ms. Cook to open a business in her neighborhood.
Jason White, 2103 N. New St., Kirksville, MO – Mr. White stated he had worked at a dog kennel and Ms. Cook’s business would not be a dog kennel. He pointed out that he hears more dogs barking where he lives than any other noise.
OPPONENTS
Julie Relford, 1101 E. Park Ave., Kirksville, MO – Ms. Relford stated concern regarding the increase of traffic congestion, accidents, and how the dogs would respond to traffic noises at night.
Chairman Hagerty asked staff if they had conducted any traffic studies or looked at the turning ratio. Mr. Selby said that no study had been done, but they did not see any problem with the turning ratio.
Joann Sutton, 1110 Park Ave., Kirksville, MO – Ms. Sutton asked to whom residents would bring any complaints? Mr. Frazier replied they could contact the Code Department. Ms. Sutton asked how parking for the business would be contained to their five spots? Chairman Hagerty stated that if off street parking became a problem, she could come back to the city and ask for no off street parking for the block. Ms. Sutton asked who she would call if Ms. Cook should have more than five dogs and the barking noise became a problem? Mr. Frazier replied she could call the police and follow up with the Code Department.
Ms. Cook responded that she had absolutely no intention of housing more than five dogs at any given time. Chairman Hagerty asked if Ms. Cook would object if language were written into the ordinance stating there could be no more than five dogs staying overnight. Ms. Cook responded she would not.
Mr. Buckwalter asked Ms. Cook what her normal client load was on any given day. Ms. Cook answered they normally had five to twelve dogs.
With no further input, Chairman Hagerty entertained a motion. Mr. West made a motion to approve the rezoning request with the provisions that parking include five spaces; that a no parking sign be posted at the northeast corner of the property stating no parking on street from here to back of corner; include a land use restriction that the property could only be used for a service type business of a similar nature; and that no more than five dogs could be housed overnight at this operation. Ms. Chrisman seconded the motion. The motion was approved with the following vote: Chrisman, aye; West, aye; Novinger, aye; Hagerty, aye. Buckwalter, nay. Absent: McCord, Kollar, Giovannini, McDowell.
B. Review report from nomination committee
Mr. Novinger presented the report from the nomination committee. The committee recommended Randy Hagerty for Chairman, and Charles Giovannini for Vice Chairman.
With no other nominations, Ms. Chrisman made a motion to accept and approve the nominations. Mr. Buckwalter seconded the motion. The motion passed with the following vote: Chrisman, aye; West, aye; Novinger, aye; Buckwalter, aye. Abstain: Hagerty. Absent: McCord, Kollar, Giovannini, McDowell.
COMMISSION INPUT
Mr. Novinger thanked staff for the Comprehensive Plan update, and thanked Chairman Hagerty for his service.
ADJOURNMENT
With no further input, Chairman Hagerty declared the meeting adjourned at 7:53 p.m.
Teresa Dorris
Recording Secretary