Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 18-1211st R

Agenda Title:

18-121 - 1R. An ordinance approving a Special Use Permit to operate a body art service at 10418 E. Truman Road in Independence, Jackson County, Missouri.
Recommendations:

Commissioner Cindy McClain motioned and Commissioner John Goldesberry seconded to recommend approval of the application with the following conditions:

  1. The existing paved surface must be resealed and properly restriped;
  2. Provide landscaping as indicated on the site/landscaping plan;
  3. The ADA parking space shall be updated to reflect the current City and national standards for markings, ramp and signage.  Only one ADA parking space is required;
  4. All improvements shall be completed prior to a City license being approved for the business;
  5. The necessary permits shall be obtained to establish the new occupancy.

A second to the motion was made by Commissioner Goldesberry. The Independence Planning Commission voted as follows:

Commissioner Goldesberry

 

-

Yes

Commissioner McClain

-

Yes

Commissioner Ashbaugh

 

-

Yes

Commissioner Preston

-

Yes

Commissioner Ferguson

Commissioner Wiley

 

-

Yes

 

Absent

Commissioner Read

-

Absent

 

 

 

 

 

 

 

The motion was approved 5-0 and such application is forwarded to the City Council for its consideration.  Staff concurs with the recommendation of the Planning Commission.

Executive Summary:

The applicant, Veronica Villalobos, requests approval for a Special Use Permit to open a tattoo shop at 10418 E. Truman Road.  The roughly ½-acre property features a small two-story office building (approximately 1,300-square feet in area) with an accompanying parking lot.  The applicant will have three employees, including himself, and thus will have three chairs.  The applicant indicates he does not intend to do any body piercing at this time and will not tattoo anyone under the age of eighteen (even with a parent’s consent).  The operation will be open from noon until five o’clock Tuesdays through Saturdays.

Planned improvements to the tattoo shop property will include restriping and resealing the parking lot and providing a properly signed and marked handicapped parking space.  Further improvements will include; repainting the building’s exterior, minor remodeling the building’s interior and general maintenance to the premises.

A previous applicant sought approval of a Special Use Permit to sell used vehicles on this same property.  This application was heard by the Planning Commission on August 14, 2018.  The Planning Commission had recommended denial of the application.  The applicant later withdrew the case prior to review by the City Council.

Background:

The City’s Comprehensive Plan envisions Mixed Use for this segment of E. Truman Road, being part of the Maywood District.

 

The segment of E. Truman Road from S. Sterling Avenue west to S. Arlington Avenue is zoned primarily zoned C-2 or I-1 along its frontage.  It contains an eclectic mix including a convenience store, a trash hauler, used car lots, grocery store, auto repair, medical/dental offices, and a carwash.

 

The site/landscaping plan indicates four street trees and twenty-one shrubs.

There are no known historic or archaeological concerns associated with the site.

 

Special Use Permit Standards:  The following analysis is based on the review criteria in Section 14-704-09 of the Unified Development Ordinance.

A.     The character of the neighborhood – This site has various commercial uses nearby including an auto repair next door and a carwash across Truman Road.  To the west, are various underutilized retail and service spaces;

B.      The extent to which the proposed use is compatible with the adjacent zoning and uses – As mentioned previously, there’s numerous retail and service businesses in the area, so this proposed use should have minimal impact;

C.      The impact of the proposed use on public facilities – As this is an established commercial site, all public facilities are in place and operational;

D.     The suitability of the property for the uses to which it has been restricted under the applicable zoning district regulations – This Special Use Permit will allow only one additional land use not already permitted by right by the C-2 zoning classification;

E.      The extent to which the proposed use may injure or detrimentally affect the uses or enjoyment of property in the area – Based upon the site’s zoning and use as a service business, it is not expected to affect any of these issues;

F.      The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm – As this is an existing commercial property, with no site improvements planned, these items are not an issue;

G.     The extent to which there is a need for the use in the community – As there are currently five Special Use Permits for tattoo shops and seven are allowed at any one time, there are two available positions in the tattoo shop que;

H.     The ability of the applicant to satisfy any requirements applicable to the specific use imposed pursuant to this Article – If approved with a Special Use Permit, the application appears to satisfy the requirements Section 14-416 of the Unified Development Ordinance;

I.        The extent to which public facilities and services are available and adequate to meet the demand for facilities and services generated by the proposed use – This is an existing commercial building with all public facilities in place;

J.        The conformance of the proposed use to the Comprehensive Plan and other adopted plans and policies – This site is on the eastern end of the Maywood business district.  The City’s Comprehensive Plan envisions Mixed Use for this district.  There are no special plans for this site;

K.     The extent to which the use will promote and encourage sustainability or revitalization of a given area – This Special Use Permit will allow this business to locate to a site and utilize a vacant rental space helping to sustain the commercial base of the area.

Planning Commission Action - At its November 20, 2018 meeting, the Planning Commission voted 5-0 to recommend approval of this application with the conditions listed above, after consideration of the following facts:

  1. That, this request is consistent with the review criteria listed in Section 14-704-09 of the City Code.
  2. That, a public hearing was held pursuant to a notice duly published according to law, at which time all interested parties were given the full opportunity to be heard.
  3. That, the C-2 zoning classification allows for retail sales, services, banks, restaurants, offices, churches, childcare, hospitals, libraries, parks, lodging, agriculture and other similar uses by right.
  4. That, at the Planning Commission hearing, no one spoke in opposition to this Special Use Permit application.
  5. That, the applicant indicates he does not intend to do anybody piercing at this time and will not tattoo anyone under the age of eighteen.

 

Draft Planning Commission minutes are attached to this Council agenda item.


Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
Law DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:          Accepted

ATTACHMENTS:
DescriptionType
Draft OrdinanceOrdinance
ApplicationBackup Material
Staff ReportBackup Material
Draft PC MinutesBackup Material