Item Coversheet
City of Independence
BILL NO. 21-060Ord.No:          19255

Agenda Title:

  1. 21-060 - 2R.  An ordinance approving a Special Use Permit to operate a body art shop at 10701 E. Winner Road, Suite 220, in Independence, Missouri.

Commissioner Preston made a motion to recommend approval of the application with the following conditions:

1.  This special use permit is restricted to Suite 220, 10701 E. Winner Road, only.

2.  The applicant will obtain and maintain all applicable City and State licenses and comply with all health requirements. 

3.  The ADA parking spaces on the east side of the building need to be updated to current standards.

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


Commissioner Dreher



Commissioner McClain



Commissioner Michell



Commissioner Preston



Commissioner Wiley



Commissioner Ferguson



Commissioner Young







The motion passed and such application is forwarded to the City Council for its consideration. Staff recommends approval of this application.

Executive Summary:

Donte Goodwin requests approval to operate a body art shop 10701 E. Winner Road, Suite 220 in the Englewood Arts district.


Donte Goodwin has been a tattoo artist for five years either as an apprentice or licensed artist; he is not licensed for body piercing, however. Recently he decided to open his own business, ‘The Penmanship’ in this two-story building at the intersection of E. Winner Road and E. 18th Street on the west end of the Englewood ARTS District.  Initially he will be the sole proprietor business but plans to employ other artists to perform both tattooing and body piercings.  The Penmanship will operate from Suite 220, a roughly 400 SF space on the upper level of this Spanish-style building which faces E. Winner Road.


In addition to the proposed body art shop, this 20,000 SF+ ‘L’ shaped building has multiple rental suites which are, or recently were, occupied by a certified public accountant, a chiropractor, and a foot doctor. 


Consistency with Independence for All, Strategic Plan:

This proposed use could help support the economic prosperity of this segment of the ARTS District corridor by the occupation of a unit in an existing commercial building.


Comprehensive Plan Guiding Land Use Principles:

The City Comprehensive Plan recommends Mixed Use for this site. This segment of E. Winner Road has had commercial zoning and uses for decades and is expected to remain here for the foreseeable future.


Historic and Archeological Sites: There are no apparent historic/archeological issues with this property.


Public Utilities:  All utilities are present on the site and operational. However, the City Water Department states that the building needs to be brought up to code with the City’s backflow/cross connection requirements, which is not part of this application.


Recommendations and decisions on special use permit applications must be based on consideration of all of the following criteria:


1.       Compatibility of the proposed use with the character of the neighborhood.

The ARTS District contains a mix of small businesses such as restaurants, art galleries, offices, small retail stores, a banquet hall, and a hair salon. The building where the applicant seeks to locate has primarily been leased for office uses. The rental of one of the units in this building should not have an effect on the character of the neighborhood.


2.       The extent to which the proposed use is compatible with the adjacent zoning and uses.

As mentioned previously, there is an assortment of businesses in this district and this proposed use should have minimal impact on the area.


3.       The impact of the proposed use on public facilities.

All public facilities are in place here and this proposed business is not a significant consumer of water, sanitary sewer, and electricity services.


4.       The suitability of the property for the permitted uses to which it has been restricted under the applicable zoning district regulations.

This special use permit would allow an additional land use not already permitted by right in this C-2 district.


5.       The extent to which the proposed use may injure or detrimentally affect the use of enjoyment of property in the area.

Based upon the site’s zoning and long use as a commercial property, it is not expected to affect any of these issues.


6.       The extent to which the proposed use will create excessive stormwater runoff, air pollution, noise pollution or other environmental harm.

As this is a developed site, virtually covered with impervious surfaces, there will be no change in stormwater drainage.  This small shop in the existing building will not create any more extensive noise, air or environmental pollution than other uses that don’t require a special use permit.


7.       The extent to which there is a need for the use in the community.

The maximum number of body art shop locations in the city is restricted to seven.  As a few shops have shuttered recently, the total number of active shops now stands at five; this proposed business would be the sixth location. 


8.       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.


9.       The extent to which public facility and services are available and adequate to meet the demand for facilities and services generated by the proposed use.

This is an long existing commercial property, all public facilities in place and operational.


10.   Conformance of the proposed use to the comprehensive plan and other adopted plans and polices.

The City’s updated Comprehensive Plan envisions Mixed Use for this site. 


11.   The extent to which the use will impact sustainability or revitalization of a given area.

This special use permit would allow this business to utilize a vacant rental space in an existing commercial property helping to sustain the commercial base of the area.


Draft Planning Commission minutes:

"Case 21-200-04 – Special Use Permit – 10701 E. Winner Rd., Suite 220

Staff Presentation

Stuart Borders presented the case.  Mr. Borders presented the Commission with a vicinity map, noting the area and surrounding zoning.  He presented the Commission with an aerial map indicating the project area and explained the surrounding land uses. Mr. Borders recommended the approval of the application with following conditions:

1.       Special Use Permit is restricted to Suite 220 only at 10701 E. Winner Rd.

2.       Applicant will obtain and maintain all applicable City and State licenses and comply with all health regulations

3.       ADA parking spaces on east side of building must be updated to current standards. Signage is not proper, and spaces need painting.

Mr. Borders advised there are seven (7) possible positions for body art shops for the City. If this is approved this would make five (5) tattoo shops operating.


Applicant Comments

Donte Goodwin, 9508 Freemont Ave., Kansas City, MO, has a business named The Penmanship, LLC. He is an artist; besides tattooing, he is a painter, draws, and customizes clothes with his art. He stated that he has a vision for a successful tattoo shop in this location and wants to bring revenue to the City of Independence.


Public Comments

Scott Cauger, 10912 ½ E. Winner Rd., feels a tattoo shop is incompatible with the character of the neighborhood and adjoining zoning uses referring to residential areas with vintage homes as well as two churches near the proposed location.  Mr. Cauger stated that a tattoo shop is not part of the comprehensive plan of the Englewood Arts District.  He also added that he is a representative of the Stonehouse Bed & Breakfast, and as an establishment they, too, are against this application.  He added that a tattoo shop does not conform to the statutory ordinance that created the special arts district.  Mr. Cauger also has a concern about signage and the tattoo shop sign being able to be seen from the churches and other spots in the art district.


In response to Mr. Cauger’s comments Mr. Goodwin feels that Mr. Cauger is simply against tattoo shops.  He explained that the tattoo shop will be near the end of the arts district and the vision for the district would not be affected.


Commissioner Comments

In response to Commissioner Preston’s question, Mr. Borders explained that a tattoo shop would be an allowed business for this Special Use Permit and location. City ordinance allows for seven (7) tattoo shops to operate in the City. If approved there would be room for two (2) more.


In response to Commissioner Young’s question, Mr. Goodwin advised his signage would not be large and would be located right outside the door of the suite.



Commissioner Preston made a motion to approve Case 21-200-04 – Special Use Permit – 10701 E. Winner Rd., Suite 220 with the conditions made by Staff.  Commissioner Wiley seconded the motion.  The motion passed with six affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell

Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

Draft OrdinanceOrdinance
Staff ReportBackup Material
Letter from ApplicantBackup Material
Notification AffidavitBackup Material
Notification LetterBackup Material
Notification InformationBackup Material
Aerial ImageBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material