LEE’S SUMMIT PLANNING COMMISSION

Minutes of Tuesday, November 9, 2010

The Tuesday, November 9, 2010, Lee’s Summit Planning Commission meeting was called to order by Chairperson Fristoe at 5:00 p.m., at City Council Chambers, 220 SE Green Street, Lee’s Summit, Missouri.

OPENING ROLL CALL:

Chairperson Daren Fristoe Present Mr. Kurt Pycior Absent

Mr. Fred Delibero Present Mr. John Reece Present

Mr. Steven Hilger Absent Ms. Colene Roberts Present

Mr. Jason Norbury Present Ms. Kathy Smith Present

Ms. Cecily Pickering Present

Also present were Linda Tyrrel, Deputy Director, Planning and Development Department; Hector Soto, Senior Planner; John Mautino, Deputy City Attorney; Kent Monter, Development Engineering Manager; Michael Park, City Traffic Engineer; Jim Eden, Assistant Fire Chief I, Greg Foss, Director of Development; and Kim Brennan, Administrative Assistant.

APPROVAL OF AGENDA:

Chairperson Fristoe announced that there were no changes to the agenda, and asked for a motion to approve. On the motion of Mr. Reece, seconded by Ms. Smith, the Planning Commission voted unanimously by voice vote to APPROVE the agenda as published.

1.  APPROVAL OF CONSENT AGENDA

No Consent Items

2.  Application #2010-066 – REZONING from R-1 to PMIX and Appl. #2010-067 – CONCEPTUAL DEVELOPMENT PLAN – for Cornerstone Church and residential mixed use, 501 NE Missouri Rd; Garrison Community Development, LLC, applicant

Mr. Chuck Arney of Cornerstone Baptist Church thanked the Commission and staff for their professionalism and help in this application. He stated that over the past several years his church has become aware of the lack of affordable housing for the elderly and special needs adults. There have been many citizens who would like to help out for these particular people but don’t know how. There are currently only six apartment complexes in the City of Lee’s Summit for special needs adults, while the school graduates over 20 people per year that fit into this category.

There is a not-for-profit organization that was formed called Coldwater that has been successfully serving the elderly, children and families with food and clothing, Christmas adoptions and partnering with Harvesters food network to bring food to chronically hungry children in Lee’s Summit.

It is Cornerstone’s desire and passion to provide land and affordable housing for the elderly and special needs adults. The consolidated plan for Lee’s Summit Community Development Block Grants has identified housing of this kind as a high priority in our City. Cornerstone would provide the land and would ensure high quality housing for the residents and Garrison properties would develop, own and maintain the structures. Garrison has over 17 properties in the Kansas City area and throughout the Midwest.

Cornerstone is requesting a zoning change from R-1 to PMIX that would allow them to build facilities for special needs adults and the elderly. The first phase would be a 36 unit complex with 30 one-bedroom apartments and 6 two-bedroom apartments. The first phase of the development would be constructed through tax credits issued through the State of Missouri.

The larger vision for the property includes a community center for adult day rehabilitation and sheltered workshops for the elderly and special needs adults. There will also be additional structures to house different levels of special needs adults from independent living to assisted living. An example of a typical special needs adult would be a down’s syndrome adult.

The plans before the Planning Commission tonight are conceptual plans. It is not an application to build any buildings but simply to determine density and approval of the rezoning. One of the concerns from the citizens was the unit on the back side of the property that is adjacent to Cambridge Heights. They suggested moving that unit to the front of the property on the Missouri side so that there would be more green space and transition from the residences of Coldwater Village to the residences of Cambridge Heights. Each of the phases of construction would come before the Planning Commission for final site plan approval, and therefore, they were just asking for a rezoning of the property from R-1 to PMIX.

Mr. Hector Soto entered into the record, Exhibit A, list of exhibits 1-15. Mr. Soto explained that the application is for a rezoning and conceptual plan for the proposed Coldwater Village on the existing Cornerstone Church property. The UDO required, with the submittal of a rezoning application, either a preliminary development plan application or a conceptual plan application. Mr. Soto stated that a conceptual plan is a pre-curser to a preliminary development plan down the line. At this point, Cornerstone is at the early stages of laying out a framework for the future development to show the general layout of the proposed development which may occur later. As stated in staff’s report, this conceptual development plan is a plan in which a building permit could not be pulled for construction of any buildings. He reiterated that there will be a preliminary development plan that will have to come back through the process before the Planning Commission and City Council. This application tonight is for a rezoning application for the 13 acre site to accommodate the five buildings with a total of 144 dwelling units. This will be a multi phase development and each phase will be required to come back through the preliminary development plan process. Mr. Soto stated that the applicant will have to notify property owners within 185 of the subject site and there will be signs posted on the property when the proposed development comes through. The neighbors will be given plenty of opportunity to be made aware of the public hearings as well as given the opportunity to speak for or against the proposed application at the Planning Commission and City Council meetings. Staff recommends approval of the rezoning and conceptual development plan, subject to conditions 1 and 2.

Mr. Dave Torsch of 1804 NE Abbey Lane commented that the applicant told him that there was going to be only one building. It was clear that there was much more involved. He said after talking to the pastor, the property will not be held or maintained by the church and will be turned over to a construction firm. He also stated that a property similar to this was built up by the airport and it is now a drug infested area today. He did not want a similar development built in his neighborhood. Mr. Torsch was concerned that there could possibly be additional family members living in these units as well. He was also concerned about his property value going down due to this development.

Mr. Max Steward of 1805 Abbey Lane asked how much of this development the church would control and how much would be controlled by private contractors. He also wanted to know how much government would be involved.

Mr. Arney answered that the properties are tax credit properties so they would have government funding. It is very difficult to provide housing for special needs adults and low income elderly because they do not have the income to pay market rate. To privately develop the property, the rent would have to be set at market rate and when they are on SSI they can’t afford to live in market rate complexes. He stated that the housing is governed and structured so tightly that you could not have an overnight guest without permission from the landlord. You also can not have other people or family members move into the property. It is restricted to two populations - 55 and older and special needs adults.

Mr. Arney stated that the first phase will be sold to a developer who is also a property manager who has a long history of managing properties in the Kansas City area and throughout the Midwest.

Mr. Reece asked Mr. Arney if he would re-emphasize that there is a restriction on the number of people per unit and that it is strictly enforced.

Mr. Arney introduced the developer to answer the question. Mr. Garrison Hassenflu of 416 E. 3rd Street, Kansas City, Missouri stated that he is the owner of Garrison Companies and that he is with a group of companies that own, develop and manage properties. Regarding the occupancy, they do make sure that there is a certain number of occupants per unit so they will not have any kind of overcrowding situation. There are strict guidelines which allow a maximum of 2 people per one-bedroom apartment and a maximum of 4 people per two-bedroom. Mr. Reece asked how the occupancy would be enforced. Mr. Hassenflu stated that they do have on-site management who are employees of Garrison Companies.

Mr. Fristoe asked if there was a time frame for their conceptual plan. Mr. Garrison explained that right now they just have phase one for independent living for the elderly for ages 55 plus and 4 units for the developmentally disabled population, of the 36 unites that are planned in that area. This building is the only thing planned right now and it is undetermined when the next phases would begin. It would depend on demand and availability of financing.

Ms. Smith stated that she is in property management and has managed both market rate and subsidized housing. Tax credit properties are typically better managed than most HUD properties. She said it is very restricted on who qualifies to live there and it was all in the management skills. Ms. Smith gave examples of properties that are subsidized that fit well into neighborhoods, including John Calvin Manor, Le Grande, and Hillcrest off of Langsford Road. She stated that there is a huge need for this type of housing in Lee’s Summit.

Chairperson Fristoe reiterated that this is purely a rezoning and conceptual plan and any and all development opportunities here will be brought before the Planning Commission again.

Chairperson Fristoe asked if there were further questions for the applicant or staff. Hearing none, he closed the public hearing at 5:25 p.m. and asked for discussion among the Commission members or for a motion.

Ms. Smith made a motion to recommend approval of Application 2010-066 – rezoning from R-1 to PMIX and Appl. #2010-067 – conceptual development plan for Cornerstone Church and residential mixed use, 501 NE Missouri Road, Garrison Community, LLC, subject to staff’s letter of November 5, 2010, specifically Recommendation Items 1and 2. Mr. Delibero seconded.

Chairperson Fristoe asked if there was any discussion of the motion. Hearing none, he called for a vote.

On the motion of Ms. Smith, seconded by Mr. Delibero, the Planning Commission members voted unanimously by voice vote to recommend APPROVAL of Application #2010-066 – rezoning from R-1 to PMIX and Appl. #2010 067 – conceptual development plan for Cornerstone Church and residential mixed use, 501 NE Missouri Road, Garrison Community, LLC; subject to staff’s letter of November 5, 2010, specifically Recommendation Items 1 and 2.

(The foregoing is a digest of the secretary’s notes of the public hearing. The transcript may be obtained.)

PUBLIC COMMENTS

Mr. Torsch questioned if the rezoning was just passed. He asked if the citizens involved in this project had any vote regarding the application. Chairperson Fristoe answered that the Planning Commission’s job is to recommend land use, with the support of City staff, to the City Council for review and/or approval. He stated to Mr. Torsch that this was the last step in the process. Mr. Torsch asked why Ms. Smith could make a motion to approve the application but he couldn’t make a motion to deny the application. Chairperson Fristoe answered that his opportunity to argue this would be in front of the City Council. Mr. Torsch then asked what the Planning Commission was there for then. He stated that he had a carpet cleaning business for 23 years and he has been in more properties than Ms. Smith has seen in her life. He said that most of these properties turn out to be low income properties.

Mr. Reece added that their action tonight was not approval of the project. The only thing the Planning Commission did was approve the rezoning. It does not mean that one building will be built on this property. The Planning Commission just changed the rezoning from R-1 to PMIX. Mr. Reece also stated that if there was going to be any development of any kind on this property that it would have to come back in front of the Planning Commission again and move on to Council for approval. No decisions have been made tonight that allows any development to take place. He encouraged the concerned citizens to appear in front of the City Council and let it be known of their dissatisfaction with the project.

Ms. Tyrrel clarified for the residents that the process is set up by state statutes. The residents do not vote but do vote for their elected representatives, which is the Mayor and City Council and they are the ones who make the final decision on such matters. The residents have the right to come to these public hearings and that is why applicants are required to advertise and to notify all the residents so that they can come and express their opinion. Ms. Tyrrel stated that the Planning Commission is appointed by the Mayor and City Council.

ROUNDTABLE

Ms. Smith reported that the downtown shops are now decorated beautifully for Christmas. On December 4, 2010 Downtown Main Street will have an area called the Gingerbread Land where kids can go in and decorate gingerbread cookies. The cost for this is $5.00 per child.

ADJOURNMENT

There being no further business, Chairperson Fristoe adjourned the meeting at 5:35 p.m.

PLANNING COMMISSION 3 SEPTEMBER 28, 2010