Item Coversheet
City of Independence
AGENDA ITEM COVER SHEET
BILL NO. 21-0691R.

Agenda Title:

21-069 - 1R. An ordinance approving a Special Use Permit to operate a Bed and Breakfast at 1 Hawthorne Place, in Independence, Missouri.
Recommendations:

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

1.  The Bed and Breakfast shall obtain a business license in accordance with all City Code and comply with Section 5.01.004 (Article 1, Chapter 5) of the City Code.  The business license number shall be listed on all advertisements and online platforms.

2.  The business must comply with all safety and other standards required by Section 14-420 of the City Code.

3.  All outdoor activities shall cease at 9:00 pm on weekdays and 10:00 pm on weekends.

4.  The pertinent items listed on the fire inspection report must be resolved prior to the business license being issued.

 

5.  All backflow preventers on site must be tested by a MODNR Certified Backflow Tester and a copy of the report must be sent to the Water Dept.'s Engineering Division. A list of approved testers can be found on the Department's website at http://www.ci.independence.mo.us/Water/BackflowPrev. These tests must be completed prior to the business license being issued.

 

6.  The drive/parking lot on the east side of the building must be cleaned, re-sealed and restriped with proper striping and signage, with at least one ADA space provided.  This work must be completed prior to the business license being issued.

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

 

Commissioner Nesbitt

-

Absent

Commissioner McClain

-

Yes

Commissioner Michell

-

Absent

Commissioner Preston

-

Yes

Commissioner Wiley

-

Yes

Commissioner Ferguson

-

Yes

Commissioner Young

-

Yes

 

 

 

 

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

Executive Summary:

Ken and Pamela Wells seeks approval to operate a operate a bed and breakfast at 1 Hawthorne Place off of Winner Road, west of the ARTS District. 

Background:

Until it closed a couple of years ago, the ‘Hawthorn Bed & Breakfast’ operated on this stately 1.60 estate.  At the time, it operated as a home business, receiving Planning Commission approval in July 2006.  The Wells recently purchased the property and seek to re-establish the business.

 

Business operations - Unlike a traditional bed and breakfast, the Wells’ business model will function differently in two ways.  First, instead of the owner/manager living on-site at all times, the Wells’ will reside on the property only part-time and will hire a local company to manage the property when they are not on-site.  Secondly, they plan to only rent out the entire facility to large families, groups, and organizations in lieu of renting out individual rooms to guests.  Like the previous business, they will also promote the facility to be used for family reunions, anniversaries, receptions, group retreats, birthdays, and so forth.

Security will be managed by the Wells when they are on-site, and by the local management company, or local family members, when they are not.  Outdoor security cameras, noise detection monitors, and a Ring doorbell will also be installed.

Site improvements – The site contains a large, three-story, fieldstone house containing roughly 7,000 SF was built in the early 1900’s.  The house faces east and has a drive connecting the property to the street Hawthorne Place on the east and south.  The nine-bedroom home features one bedroom on the first floor; four on the second floor; three on the top floor; and finally, a single room above the attached garage on the west side of the house.  The first floor also contains the kitchen, living room, and dining room.

Parking – On-site parking for six to seven vehicles is provided via a driveway on the south side of the house with another 10+ spaces in a lot on the east side of the building.  However, this east parking lot is in poor condition and requires resealing, proper striping, and signage for ADA parking.  This number of spaces were provided by the previous owners (and will be used by the Wells) for special events (weddings, birthdays, anniversaries) scheduled from time to time.

The City Fire Department recently inspected the premises and found that the sprinkler system, fire alarm system and fire extinguishers are all past due for their annual inspections.  These items must be resolved prior to the business license being issued.

Consistency with Independence for All, Strategic Plan:

This proposed use could help support the economic prosperity of the nearby ARTS District by giving tourists a place to reside while close to the district.

 

Comprehensive Plan Guiding Land Use Principles:

The City Comprehensive Plan recommends Residential Established Neighborhood use for this site. This segment of E. Winner Road has had residential zoning and uses for decades and is expected to remain as such for the foreseeable future.

 

Historic and Archeological Sites:  While this is an older home, it is not in a city or national historic district nor does it have a historic landmark designation.

 

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.

 

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.

This is a residential comprised primarily of single-family dwellings albeit with a few duplexes and civic uses (churches, Hope House).  The re-use of this house as planned by the applicant, should be compatible with these less intensive uses in the this established neighborhood.

 

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

A bed and breakfast operated here for years without incident 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 R-12 residential 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 previous use as a bed and breakfast, 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 and there will be no change of site or the business operations, these concerns should not be an issue.

 

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

With over 25 applications for short term rentals in the past three years (with 17 of those approved or are under review) along with multiple traditional bed and breakfast establishments, there seems to be a need for this type of business in the city.

 

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 facilite and services are avaliable and adequate to meet the demand for facilities and services generated by the proposed use.

This is an long existing 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 Residential Established Neighborhood use for this site.

 

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

As mentioned previously, this special use permit would allow the utilize a now vacant home that will help to sustain the historic character of the neighborhood.

 

 

Draft Planning Commission meeting minutes:

"Case 21-200-05 – Special Use Permit – 1 Hawthorne Place

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 reviewed several conditions including:

1.       The bed & breakfast shall obtain a business license and comply with all code requirements

2.       Business license number should be listed on all advertisements and online platforms

3.       Bed & breakfast must comply with all safety and other standards as outlined in the City Code

4.       All outdoor activities shall cease at 9:00 pm on weekdays and 10:00 pm on weekends

5.       The items listed on the fire inspection report must be resolved prior to business license being issued

6.       Backflow preventers on site must be tested by MoDNR certified testers and copies of report(s) must be sent to Water Department Engineering staff

7.       Drive parking lot on east side of building must be cleaned, resealed, and restriped with proper striping and signage with at least one ADA space provided.  This must be completed prior to business license being issued.

 

In response to Commissioner Preston’s question, Mr. Borders explained the difference between a Short-Term Rental and a Bed & Breakfast. 

 

Applicant Comments

Pamela and Ken Wells, 1624 N Gatewood St, Wichita, KS, stated they would like to see this house utilized and make sure it does not sit vacant.  She stated they plan to add amenities and keep up the property.  Mrs. Wells stated there are 9 bedrooms and they plan to rent it out to large families.  She stated they will have a property management company and a security system. 

 

In response to Commissioner Preston’s question, Mrs. Wells stated they are willing to abide by all the conditions as stated by staff.

 

In response to Commissioner Young’s question, Mrs. Wells stated the guests will be vetted to make sure they are not there to throw a party. 

 

In response to Chairwoman McClain’s question, Mrs. Wells stated they will use Airbnb, VRBO, and through management company to list the house available to rent.

 

Public Comments

Sally Thompson, 5 Hawthorne Place, stated she has lived in their house for 20 years.  She stated they are excited that it will stay a Bed & Breakfast.  Mrs. Thompson stated she is concerned it may become a party house.  She stated she is concerned about the proposed lighting and fencing. 

 

Mrs. Wells stated the wooden fence would only be in the back yard and would provide additional amenities like a swing set.  She said they’d like to add landscape lighting, not parking lot or intrusive lighting. Mrs. Wells further states the backyard will be the only place for a wooden privacy fence for safety of children and adding privacy.

 

Kim Glaser, 5300 NE Northgate Crossing, Lee’s Summit, stated she was the listing agent for this property.  She stated she has seen the work Mr. and Mrs. Wells have put into other properties they have purchased and has made them look beautiful and immaculate.   

 

Commissioner Comments

In response to Chairwoman McClain’s question, Mr. Borders stated the applicant mentioned they may have wedding parties, receptions, and family reunions at the house, so the time restriction was added for outdoor activities. 

 

Motion

Commissioner Preston made a motion to approve Case 21-200-05 – Special Use Permit – 1 Hawthorne Place, with conditions as stated by staff.  Commissioner Wiley seconded the motion.  The motion passed with five affirmative votes."

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
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City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Staff ReportBackup Material
Draft OrdinanceOrdinance
Application PacketBackup Material
Notification LetterBackup Material
Notification AffidavitBackup Material
Notification InformationBackup Material
Aerial MapBackup Material
Site PlanBackup Material
Fire InspectionBackup Material
Comp Plan MapBackup Material
Zoning MapBackup Material