Board of Adjustment

Board of Adjustment Agenda Wednesday November 11, 2015 6:30 p.m. MUNICIPAL ANNEX 1304 W Main Street City of Blue Springs, Missouri  BOARD OF ADJUSTMENT MEMBERS Term of Office is 5 years The Board of Adjustment consists of 4 citizens plus 1 member representative from the Planning Commission, and 3 alternate members. Regular Members Are: 1. DeWayne Duhon, Chairman 2. Laurie Hatfield, Vice Chairman 3. John Dunn 4. Frederick Manning 5. Brian Ross Alternate Members Are:  Ron Amos  Planning Commission Representative – Ginger Duhon  Alternate P.C. Representative – Travis Graham  GENERAL PROCEDURE FOR PUBLIC HEARING TESTIMONY  The Chairman will open the public hearing, and call for exhibits from the City Attorney.  Staff Comments will be given.  The applicant or his representative will give testimony.  Witnesses in favor of the petition will be called to speak.  Witnesses opposed to the petition will be called to speak. If you wish to testify, please raise your hand to be recognized. When you are called upon by the Chairman, please come forward to the microphone at the podium to be sworn in by the Court Reporter. State your name and address, then make your comments to the Board. Please refrain from repeating points made by others.  General Discussion - Questions  After all testimony has been made, the hearing will be closed.  The Board will consider the facts and either approve or deny the request.  A concurring vote of 4 members is required for approval.  The decision of the Board is the final determination. Appeals may be made only to the Circuit Court. # # #  BOARD OF ADJUSTMENT Municipal Annex 1304 W Main Street Blue Springs, Missouri 64015 Wednesday, November 11, 2015 6:30 p.m. AGENDA Board Members: To ensure a quorum, please call Karen Findora at 228-0207 to advise of attendance. 1. CALL TO ORDER/MINUTE APPROVAL  Minutes of the last meeting, October 14, 2015 2. PUBLIC HEARING – VARIANCE – VAR-10-15-5018 – “QuikTrip No. 217R” / NW Corner of 40 & 7 Highway Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner, October 24, 2015 3. Application with attachments 4. Letter of Uniqueness dated, October 15, 2015 5. 185 Ft. Notification Map 6. Names/addresses of property owners w/n 185 ft. of site 7. Copy of letter sent to said property owners 8. UDC (By Reference) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, December 9, 2015. 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 11.11.2015 kf  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, October 14, 2015 A meeting of the Board of Adjustment of the City of Blue Springs was held in the Municipal Annex located at 1304 W. Main Street on Wednesday, October 14, 2015 with the following members and guests in attendance. MEMBERS Frederick Manning (6:45 p.m.) Brian Ross PRESENT DeWayne Duhon, Chairman John Dunn STAFF / OTHERS Michael Peterman, Principal Planner Jim Holley, Community Development Assistant Director Ben McCabe, City Engineer Nancy Yendes, City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer ABSENT Board Member Laurie Hatfield CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:41 p.m. with a request APPROVAL OF that everyone stand for the Pledge of Allegiance. With a motion by Board Member MINUTES John Dunn, a second from Board Member Brian Ross, and a unanimous vote, the Minutes of Wednesday, June 10, 2015, were approved. Chairman Duhon advised the audience of the manner in which the Public Hearing would be conducted, and noted that as the Board consists of five (5) voting members; a concurring vote of four (4) would be required to pass any motion. Due to the fact that we were waiting on Board Members to arrive and we didn’t have a full Board just yet Chairman Duhon gave the applicant the option to continue the hearing to the November 11th meeting. The applicant stated that they would like to be heard this evening. Board Member Frederick Manning arrived at 6:45 p.m. 10.14.2015 Page 1 of 3 kf PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:45 p.m. with a request for exhibits AGENDA ITEM 2 from the City Attorney. Ms. Nancy Yendes entered Exhibits 1 thru 8 into the public VARIANCE / VAR- record on behalf of the applicant. 09-15-4982 / “GPI” / 2925 N 7 Highway 1) Staff Report with attachments 2) Affidavit of Publication in B.S. Examiner, September 26, 2015 3) Application with attachments 4) Letter of Uniqueness dated, September 21, 2015 5) 185 Ft. Notification Map 6) Names/addresses of property owners w/n 185 ft. of site 7) Copy of letter sent to said property owners 8) UDC (By Reference) STAFF COMMENTS Michael Peterman, Principal Planner, stated that the applicant is requesting a 5 foot reduction of the required 15 foot setback and landscape buffer for off-street parking along North 7 Highway to allow the expansion of the current parking lot. The facility is located along the SW corner of 7 Highway and Pink Hill Road with an address of 2925 NW 7 Highway. The applicant intends to expand their current building site. The topographic challenges on the site have dictated the new addition to be constructed as far east as possible requiring the additional parking to be shifted east as well. QUESTIONS Board Member Manning asked if it would affect traffic flow. Mr. Peterman stated that it would not. APPLICANT Dana Bowles, KAW Engineering 840 North Oak Traffic Way Kansas City, MO 64118 And Mike Fluty, Plant Manager, GPI 2925 NW 7 Highway Blue Springs, MO 64015 Mr. Fluty stated that they would add roughly around 30 additional employees. Jim Holley, Assistant Director of Community Development, stated that the 30 additional employees would not affect the traffic flow. QUESTIONS None. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. 10.14.2015 Page 2 of 3 kf HEARING CLOSED With no further testimony to be taken, Chairman Duhon, closed the public hearing at 6:54 p.m. with a request for action on the petition. MOTION Board Member John Dunn made a motion to approve Variance / VAR-09-15-4982 / PUBLIC HEARING “GPI” / 2925 N 7 Highway. AGENDA ITEM 2 VARIANCE / VAR- 09-15-4982 / “GPI” / 2925 N 7 Highway SECOND Board Member Brian Ross. VOTE Laurie Hatfield – Absent Frederick Manning - Aye Brian Ross – Aye John Dunn - Aye DeWayne Duhon, Chairman – Aye (APPROVED 4-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, November 11, 2015. MEETING With no further items to come before the Board, a motion was made by Board ADJOURNED Member John Dunn, and seconded by Board Member Frederick Manning, to adjourn at 6:56 p.m. Motion carried Unanimously. _______________________________ Karen Findora, Recording Secretary ________________________ ______________________ DeWayne Duhon, Chairman Date 10.14.2015 Page 3 of 3 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: November 11, 2015 Agenda Item: 2 Case File Number: VAR-10-15-5018 Project Name: QuikTrip #217R Type of Application: Non-Use Variance Request: The applicant is requesting to exceed the maximum number of parking spaces allowed, to allow parking in front of the front building line, to exceed the maximum lot width for Pad Site buildings, and a reduction of the required landscape buffer between properties. Applicant: QuikTrip Corporation – Andrew Smith Property Owner: Various (All under contract to QuikTrip Corporation) Location (Address): 725 SW 7 Highway, NW corner of 7 Hwy and US 40 Hwy. Area: 2.67 acres +/- Lots: 3 Existing Zoning: “GB” – General Business Existing Land Use: Retail and Vacant Commercial Comprehensive Plan Mixed use – Employment Dominant Designation: Attachments:  Site location/zoning map  Site Plan  Variance Application  Public Notice Ad  Letter of Uniqueness from Applicant Meeting Date: November 11, 2015 Planner: Michael Peterman, Principal Planner Reviewed By: Scott Allen, Community Development Director Page 1 of 4  Project: QT #217R – 725 SW 7 Hwy Plan Case Number: VAR-10-15-5018 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) Page 2 of 4  Project: QT #217R – 725 SW 7 Hwy Plan Case Number: VAR-10-15-5018 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a Variance to Section 407.010.E.1 Parking Design Standards and Section 405.030 Commercial Building Type Standards of the Unified Development Code of the City of Blue Springs. The applicant is requesting to exceed the maximum number of parking spaces allowed, to allow parking in front of the front building line, to exceed the maximum lot width for Pad Site buildings, and a reduction of the required landscape buffer between properties. The applicant is proposing to build a new convenience store at the corner of 7 Hwy and 40 Hwy. The proposal includes acquiring multiple lots and consolidating them into 3 lots at this location. The convenience store would be located on the corner lot. The request to exceed the maximum lot width stems from MoDOT requirements that do not allow an access point less than 250 ft. from the intersection. The request to allow parking in front of the building line and to exceed the allowed number of parking spaces are a product of the type of business that QuikTrip is. This fuel and convenience store model requires additional parking for the increased number of employees and convenience to the front door. The request to reduce the required 12 ft. buffer by 2 feet to 10 ft. is dictated by the location of the entrance drive. The additional 2 ft. will cause a conflict between vehicles entering the site and a drive aisle in the parking lot. A request for a non-use variance may be granted upon a finding of the Board that the following conditions are present: 1. The variance requested arises from such condition which is unique to the subject property, that are not ordinarily found in the same zoning district and that are not the result of the owner’s intentional actions. Staff Response: The location of the access point as required by MODOT dictates multiple design features on this lot including the lot width and size of the buffer yard. The applicant is requesting a total of 75 parking spaces, 35 more than what is allowed, to accommodate for extra employees and increase safety reasons. Locating any parking behind the building is not feasible due to the drastic elevation change to the north. 2. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. Staff Response: Granting this variance will not likely adversely affect adjacent properties. The applicant owns both lots to the north and west of the proposed QuikTrip. 3. The strict application of the provisions of the zoning regulations of which the variance is requested will constitute practical difficulty because the property cannot be used for an otherwise permitted use without coming into conflict with the applicable site development standards. Page 3 of 4  Project: QT #217R – 725 SW 7 Hwy Plan Case Number: VAR-10-15-5018 Staff Response: The strict application of the zoning regulations may create a practical difficulty for the applicant. The proposed variances for the lot width and buffer yard are dictated by the location of the access points required by MoDOT. The request to allow parking in front of the building line is a generally accepted practice for that building type. The requested number of parking spaces exceeds the allowed number by 47% (35 spaces) but is a result of a proven store model that QT has developed. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Staff response: The public health, safety, morals, order, convenience, prosperity, or general welfare will be not be adversely affected if this variance is granted. 5. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. Staff response: The granting of the variance is not in opposition with the general intent and/or spirit of the UDC in that the UDC was not intended to stifle desirable business practices. SUMMARY: The Board of Zoning Adjustment must determine if strict application of the provisions of the Unified Development Code, of which the variance is requested, will constitute a practical difficulty upon the property owner represented in the application. The Board must also find the spirit and intent of the regulations are maintained by determining that the variance will not result in adversely affecting the rights of adjoining property owners, or be detrimental to the character and quality of the surrounding properties. Page 4 of 4  NW 6th Stree NW 4th St NW 3rd St GB W Walnut St T4 T5 CS SW 9th St SW Moore SW SW 7th Street Ter SW Moore St St SW h e 6t SW Moor St SW Chicago St 11th St T3 St re e SW 13th St SW 4th St SW er tT SW 5th St Chicago SW Moore Ct St SW 12th St T3 SW Chicago St SW 6th St SW 6th SW South Ave SW South Ave GB Street SW 5th St SW 4th St Ter SW 8th St LI SW 10th St SW Eugene SF-7 LI GB GB £ ¤ 40 SW Jaguar Ln SITE SW Kings Cross Rd SW Sunset Ave SW W in SW ds or SW Luttrell Rd M SW Skyline Dr ni C or t indsor ng SW Consumer SE W e s id Dr SW Azure St SF-7 ¬ « 7 SE Vi ct or ard Dr SW SW SW Earl's wy SW Ct Pk th SW 14th Ter 13 Rainbow SW Victor Dr Te r Ln Ln n's ee SF-7 Qu SW r d SW SW SW Speas Dr SW Wa Tw Ct i lig SW m ht Ha SW Horizon Dr L n Es le t SW Sunrise Dr xC Dr se ir RC/R-O VAR-10-15-5018 ± QUIK TRIP #217R SITE LOCATION MAP 0 300 600 1,200 Feet  NW 6th Street Te SW 12th St NW 5th St NW 4th St NW 3rd St NW 2nd St W Walnut St SW 14th St SW 9th St SW 8th St SW 12th St SW 13th St SW 10th St ¬ « 7 SW South Ave SW SW 5th St 4th St 36-930-11-20-00-0-00-000 SW Eugene 36-930-11-01-00-0-00-000 36-930-10-21-00-0-00-000 36-930-11-17-01-0-00-000 £ ¤ 40 41-320-09-17-00-0-00-000 36-930-10-19-02-0-00-000 SW Jaguar Ln SW Kings Cross Rd SW Sunset Ave 41-320-09-16-00-0-00-000 SW 41-320-09-15-00-0-00-000 W in ds SW or M SW Skyline Dr C Ct orni t indsor 41-320-09-18-00-0-00-000 SW Consumer SE W ng e s id Dr SW Azure St Dr ct or Vi SE ard SW SW wy SW Pk th SW Victor Dr 13 Rainbow Te r Ln Ln n's SW Luttrell Rd ee Qu SW r d SW SW SW Speas Dr Wa Tw SW Ct i lig ht SW SW Horizon Dr L n Es m Ha SW Sunrise Dr xC le t se ir Dr VAR-10-15-5018 QUIK TRIP #217R 185' NOTIFICATION MAP 0 300 ± 600 1,200 Feet