The Joplin Globe, Joplin, MO

January 5, 2009

Plan for convenience store fails


By Debby Woodin

dwoodin@joplinglobe.com

A convenience-store chain lost a zoning request that would have allowed it to build a store at 32nd Street and Indiana Avenue after a contested hearing Monday night before the Joplin City Council.

The council voted 6-2 to deny the zoning change after several residents and owners of property next to the site voiced concerns about traffic congestion, lighting, and the sale of gasoline and liquor near homes.

The request was made by representatives of Kum & Go, which operates three other convenience stores in Joplin, two of them on Range Line Road.

Representatives of the Iowa-based chain, as well as the Bentonville, Ark., engineering firm that would design the store, the real-estate agent brokering the land and a neighboring shopping center owner, testified about the benefits of allowing the store at the location currently occupied by the Independent Living Center, 1001 E. 32nd St. The center would relocate.

But, the amount of traffic that uses the intersection, particularly on school days because of its proximity to Joplin High School a mile north on Indiana Avenue, and the potential for convenience-store traffic to further snarl the flow became the obstacle to the development.

Proponents said the store would generate sales-tax revenue for the city, and be handy for the neighborhood and passers-by. Only one other convenience store is in place on the north side of 32nd Street between Main Street and Range Line Road, developers told the council. There are two on the south side of 32nd Street.

Real-estate agent Hal Buttram told the council that it would be a small neighborhood market that could supply grocery items. He said it would be in the best interest of the city to allow professionals, like the city staff, to decide what’s best at the site and advance the project.

The proposal came to the council without a recommendation from the Planning and Zoning Commission because not enough commissioners were at the meeting when the proposal was presented to conduct a binding vote on whether to recommend the zoning change, the council was told.

Neighbors, though, spoke against the project.

Kyle Denham, an architect who frequently works on projects for the city and lives next to the property in question, said the noise of the 24-hour operation, the depth of the building project into the neighborhood and the potential for leaking gasoline storage tanks would adversely affect the quality of life along Indiana Avenue, Illinois Avenue and adjoining streets.

Residents said it would not be safe for traffic to exit onto 32nd Street, and that much of the store’s traffic would be funneled onto Indiana Avenue.

Diana Fleischaker, 2402 S. Indiana Ave., the wife of a local attorney, said traffic is so heavy on Indiana Avenue that there are some times of day when she cannot get in or out of her driveway. “Indiana is extremely busy,” she said. “There’s so much traffic, it’s not really the best place for it. I think it’s a danger.”

Project representatives told the council that they would work with the city staff in placing driveways to be the least disruptive to traffic.

Jerry Black, a Newton County commissioner, told the council that he owns a duplex near the intersection. He, too, objected to the traffic, lights and 24-hour operation.

Kervyn Smith and his wife, Diane, 3020 S. Illinois Ave., expressed concern about the sale of liquor next to the neighboring residential area and the risks that a steady flow of people could pose to children playing in the neighborhood. The potential for gas leaks and explosions also was cited.

Company representatives said the store’s lights would be downcast and would not reflect onto the neighboring homes. Also, they said, store employees would not allow liquor to be opened or consumed on the store property.

Engineers with CEI Engineering, Bentonville, said the tanks that would be used for gas storage are designed with sensors so that leaks are immediately detected and repaired. Also, they said, equipment used by the delivery trucks does not permit gas fumes to escape and pose the risk of explosion.

A motion by Councilman Jim West to return the issue to the Planning and Zoning Commission for a recommendation failed on a vote of 2-6, with Mayor Pro Tem Mike Woolston abstaining. Woolston abstained from all votes on the issue, saying his realty company had a stake in the outcome.

Another council member, Benjamin Rosenberg, proposed a motion to amend the zoning to a planned district so that the developer would have to get council approval of its final building plan. That motion failed 4-4.

Councilman Phil Stinnett made a motion to deny the zoning. He said he does not believe the project is the best use of that corner with the heavy traffic that exists there. He also said he does not believe the intersection is wide enough to accommodate traffic entering and leaving the store.

Stinnett’s motion passed on a 6-2 vote.





Golf course repairs



The Joplin City Council on Monday approved a project for $115,000 to repair tee boxes at Schifferdecker Municipal Golf Course as part of a plan to do $400,000 worth of repairs and renovations to the course and equipment.