Board of Adjustment

Board of Adjustment Agenda Wednesday January 11, 2017 6:30 p.m. HOWARD L. BROWN PUBLIC SAFETY BUILDING 1100 SW Smith Street City of Blue Springs, Missouri  BOARD OF ADJUSTMENT MEMBERS Term of Office is 5 years Members are appointed by the Mayor with approval by the City Council The Board of Adjustment consists of 5 citizens plus 2 alternate members, 1 liaison from the Planning Commission, and 1 Planning Commission alt. liaison Regular Members Are: 1. DeWayne Duhon, Chairman 2. Laurie Hatfield, Vice Chairman 3. Evelyn Ericson 4. Frederick Manning 5. Brian Ross Alternate Members Are:  Ron Amos, Alt. Member 1  William Washington III, Alt. Member 2 Planning Commission Liaisons Are:  Ginger Duhon, Planning Commission Liaison  Travis Graham, Alt. Planning Commission Liaison  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 Howard L. Brown Public Safety Building 1100 SW Smith Street Blue Springs, Missouri 64015 Wednesday, January 11, 2017 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 12, 2016 2. PUBLIC HEARING – VARIANCE – VAR-11-16-5585 – “1928 NW Woods Chapel Road” – Sports and Luxury Auto, LLC Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, December 17, 2016 3. Application with attachments 4. Photos of site characteristics 5. Letter of Uniqueness dated, November 23, 2016 6. 185 Ft. Notification Map 7. Names/addresses of property owners w/n 185 ft. of site 8. Copy of letter sent to said property owners 9. Unified Development Code “UDC” (By Reference) 3. OTHER BUSINESS – The next scheduled meeting is Wednesday, February 8, 2017 4. ADJOURN If special accommodations are required for citizen participation Please call 228-0207 (voice) or 228-0250 (TDD) BA – 01.11.2017  City of Blue Springs 903 Main Street Blue Springs, Missouri 64015 BOARD OF ADJUSTMENT MINUTES Wednesday, October 12, 2016 A meeting of the Board of Adjustment of the City of Blue Springs was held in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street on Wednesday, October 12, 2016 with the following members and guests in attendance. MEMBERS PRESENT William Washington III Brian Ross Frederick Manning Evelyn Ericson DeWayne Duhon, Chairman STAFF / OTHERS Jim Holley, Community Development Assistant Director Jeff Sell, City Public Works Assistant Director Nancy Yendes, City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer ABSENT Board Member Laurie Hatfield PLAQUE PRESENTED DeWayne Duhon, Chairman presented Board Member John Dunn with a plaque TO BOARD MEMBER for his 6 years of service with the City of Blue Springs serving on the Board of JOHN DUNN Adjustment. CALL TO ORDER DeWayne Duhon, Chairman, called the meeting to order at 6:30 p.m. with a APPROVAL OF request that everyone stand for the Pledge of Allegiance. With a motion by Board MINUTES Member Frederick Manning, a second from Board Member Brian Ross, and a unanimous vote, the Minutes of March 9, 2016, 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 10.12.2016 Page 1 of 3 kf  members; a concurring vote of four (4) would be required to pass any motion. PUBLIC HEARING Chairman Duhon, opened the public hearing at 6:35 p.m. with a request for AGENDA ITEM 2 exhibits from the City Attorney. Ms. Nancy Yendes entered Exhibits 1 thru 12 VARIANCE / VAR-09-16- into the public record on behalf of the applicant. 5497 / “Coronado Place Lot 1” / 605-651 NE Coronado 1) Staff Report with attachments Place 2) Affidavit of Publication in The Examiner, September 24, 2016 3) Application with attachments 4) Letter of Uniqueness dated, September 15, 2016 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) 9) Ordinance Number 4067 10) PUD Concept Plan for Coronado Plaza 11) Final Plat for Coronado Place 12) E-mail dated September 12, 2016 from Steve Holloway, MoDOT STAFF COMMENTS Jim Holley, Assistant Director, Community Development, stated that the applicant is requesting to approve a variance that will allow a drive aisle to encroach into the 10-foot building and parking lot setback area resulting in a 5-foot setback in the northeast corner of the northern required setback along the I-70 right-of-way. The site is located on the north side of NE Coronado Drive, east of NE Adams Dairy Road with an address of 605-651 NE Coronado Drive. Mr. Holley informed the Board that the area of encroachment is 285 sq. ft. or 2% of the total setback/landscape easement area. The applicant is requesting this variance in order to maintain an uninterrupted cross access along the north boundary and add a single drive-thru lane for Panera Bread. QUESTIONS Board Member Frederick Manning expressed his concern with the traffic congestion for that area. Mr. Holley stated that in order to alleviate some of the traffic congestion the applicant needs the outside lane to move traffic along. Board Member William Washington asked if that extra lane would be wide enough for big trucks to make that turn. Mr. Holley stated that the lane would be wide enough. Chairman Duhon asked if the Restricted Overlay wasn’t attached to this development would the lane be allowed. Mr. Holley stated that it would. APPLICANT David Chinnery, President of Adams Dairy Bank & Manager of Lucky Dog Holdings, LLC 5705 NW Moonlight Meadow Ct. Lee’s Summit, MO Mr. Chinnery stated that they would like to provide Panera Bread with a drive- 10.12.2016 Page 2 of 3 kf  thru, however they will not jeopardize their customer’s safety with adding the lane. They do plan on doubling the lanes, and Mr. Chinnery stated that he felt this may increase the traffic 20%. He stated that parking will get better because you will reduce the parking that’s currently in the parking lot. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. HEARING CLOSED With no further testimony to be taken, Chairman Duhon closed the public hearing at 6:50 p.m. with a request for action on the petition. MOTION Board Member Evelyn Ericson made a motion to approve Variance / VAR-09-16- PUBLIC HEARING 5497 / “Coronado Place Lot 1.” AGENDA ITEM 2 VARIANCE / VAR-09-16- 5497 / “Coronado Place Lot 1” / 605-651 NE Coronado Drive SECOND Board Member Frederick Manning. VOTE Laurie Hatfield – Absent Frederick Manning - Aye Brian Ross – Aye William Washington III - Aye Evelyn Ericson - Aye DeWayne Duhon, Chairman – Aye (APPROVED 5-Aye, 0-No) OTHER BUSINESS The next meeting is scheduled for Wednesday, November 9, 2016. MEETING ADJOURNED With no further items to come before the Board, a motion was made by Board Member Evelyn Ericson, and seconded by Board Member William Washington, to adjourn at 7:00 p.m. Motion carried Unanimously. ____________________________ Karen Findora, Recording Secretary ________________________ ______________________ DeWayne Duhon, Chairman Date 10.12.2016 Page 3 of 3 kf  BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: January 11, 2017 Agenda Item: 2 Case File Number: VAR-11-16-5585 Project Name: Sports and Luxury Autos Type of Application: Non-Use Variance Request: A Variance to Section 405.050.A.23, Vehicle and Equipment Sales, requesting a 0-foot paving area setback in lieu of 25-feet required along the street right-of-ways and to allow paving within the 10-foot required paving area setback along the north property boundary, and to Section 407.040.D, Buffer, Screens and Fencing and Tables 407.040-1, Landscaping Requirements, and Table 407.040-5, Buffer Types, providing no buffers in lieu of the 15 feet required on all sides of the lot. Applicant: Sports and Luxury Autos, LLC / Kyle Wine Property Owner: Sports and Luxury Autos, LLC / Kyle Wine Location (Address): 1928 NW Woods Chapel Road Location Description: Located on the east side of NW Woods Chapel Road, north of I-70 Area: 0.74 acres +/- (approx. 32,101 sq. ft.) Lots: 1 Existing Zoning: “LI” (Light Industrial) Existing Land Use: Vacant Comprehensive Plan Corridor Reinvestment / Neighborhood Center Designation: Attachments:  Site location/zoning map  Site Plan  Variance Application  Public Notice Ad  Letter of Uniqueness from Applicant Meeting Date: January 11, 2017 Planner: James Holley, Asst. Dir. of Community Development Page 1 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 Figure 1. Vicinity Map / General Location Map Page 2 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 Figure 2. Project Site (Aerial Photo) Page 3 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting to Section 405.050.A.23, Vehicle and Equipment Sales, a 0- foot paving area setback in lieu of 25-feet required along the street right-of-ways and to allow paving within the 10-foot required paving area setback along the north property boundary, and to Section 407.040.D, Buffer, Screens and Fencing and Tables 407.040-1, Landscaping Requirements, and Table 407.040-5, Buffer Types, providing no buffers in lieu of the 15-feet required on all sides of the lot. SECTION 405.050, Special Use Standards Subsection 23: Vehicle/equipment sales. The following standards shall apply to vehicle and equipment sales. a. Paving area setback. There shall be a minimum of twenty-five (25) feet from the street right-of-way, thirty (30) feet from MF-14 or less intensive use, and ten (10) feet from GB, LI, HI. b. Parking. All parking areas must meet the City's design requirements for parking facilities as specified within Section 407.010. A site plan delineating parking spaces for employees, customers, storage, display and vehicles being serviced on-site shall be submitted to the Director of Community Development prior to site plan approval. The site plan shall show an adequate off-street unloading area. c. Driveways. The total maximum summation of the widths of all driveway approaches upon the property shall not exceed twenty percent (20%) of the length of the real property that fronts the abutting street right-of-way. d. Noise. The use of loud speakers or other exterior amplification devices shall be prohibited. e. Screening. (1) All repair and service facilities shall be conducted within an enclosed building. Such repair and service facilities or bays shall be oriented so the access doors for vehicles do not face any public right-of-way nor do they face any residential uses unless there is an intervening building located between the use and the residential or public right-of-way. Such intervening building shall be located on site. (2) The use of landscaped berms shall be incorporated whenever possible. SECTION 404.040, Site and Landscape Design Subsection D, Buffers, Screens and Fencing. 1. Buffers. Landscape buffers are required when certain land uses are adjacent to one another or when adjacent to certain roadway types. The standards are intended to help ease the land use transition between areas of varying development intensity; to ensure land use compatibility; and preserve the appearance of roadway areas. Each Type (A-D) identified in Table 407.040-5[2] shall be designed according to the landscape requirements in Subsection(C) above, and may be modified to meet the frontage designs in Section 407.030. a. Location of buffers. Buffers shall be located adjacent to public rights-of- way and along adjoining lots with a different zoning classification. In the case of modifications or additions to an existing building or site, buffers shall only be required along those portions of the site that are directly affected by the proposed improvements as determined by the City. Page 4 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 b. Use of buffers. Required buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking area or any other type of physical land improvement shall be located in a required buffer, provided that driveways or roads may cross required buffers if necessary to provide access to the building site. Sidewalks, paths and project identification signs may also be located within required buffers. c. Waiver for small sites. The area of required buffers shall not be required to exceed ten percent (10%) of the site proposed for development. In cases where buffer requirements would consume more than ten percent (10%) of the site, the Planning Commission may allow the width or location of buffers to be reduced or eliminated. The property owner shall be required to add plant material within remaining buffers or elsewhere on the site and any combination of plants, screening walls and fences or other solutions appropriate to the site and context may be required to meet the intent of this Section. d. Responsibility for installing buffers. The owner of the developing property shall always be responsible for providing required buffers. In those cases, where a landscape buffer that complies with the buffer standards of this Section is already in place — whether on the site of the developing property or on the site of the adjacent property — the property owner shall not be required to install another landscape buffer. The property owner of a subdivision or other developing site shall only be responsible for ensuring that the intervening landscape buffer complies with the standards of this Section. Landscape buffers required for subdivisions shall be placed in easements. e. Berms and fences required. Anytime NB/SO, GB, RC, LI or HI Districts abut a residential district, an undulating four (4) to six (6) foot (or as high as practical) earth berm or six (6) foot fence shall be required in the setback area. Along with the fence or berm, a twenty-five percent (25%) reduction of plant units will be allowed in that particular setback area. Exceptions may be approved where terrain cancels out or removes the benefit of a fence or berm or, in the opinion of the Community Development Director, a fence or berm would not create the desired effect. Where it is determined a fence or berm is not appropriate, a buffer of one hundred twenty-five percent (125%) shall be required. 2. Screening. All of the following shall be screened from streets or adjacent property with dense evergreen plants, a fence or wall meeting the standards of Subsection(D)(3), or a combination of both. a. Electrical and mechanical equipment such as transformers, air conditioners, of communication equipment and antennas; b. Permanent or temporary outdoor storage areas, which shall further be subject to all setback standards for the lot, and require at least a Type A buffer; c. Trash enclosures; d. Utility stations; e. Delivery and vehicle service bays, except that bays do not need to be screened from adjacent property with the same or more intense zoning; f. Any parking areas larger than ten (10) spaces and adjacent to property zoned MF-14 or less; and g. Any parking permitted within thirty (30) feet of a public right-of-way shall be screened between two and five tenths (2.5) feet and three and Page 5 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 five tenths (3.5) feet high, limited to a combination of plants and/or ornamental fences and walls with architectural details and materials that complement those of the principle building. 3. Fences. All fences for screening, security, or privacy shall meet the following standards. a. Front fences. All fences in front of the front building line shall: (1) Be no higher than four (4) feet; (2) Be limited to ornamental or decorative materials that complement the materials and design of the principal building; and (3) Except for screens for parking, have a transparency or voids of at least thirty-three percent (33%). b. Rear and side fences. All rear and side fences located behind the front building line shall: (1) Be limited to no higher than six (6) feet in residential districts and eight (8) feet in all other districts; (2) On corner lots, fences within eight (8) feet the right-of-way shall meet the standards in Subsection (D)(3)(a) for front fences and not create a sight distance obstruction as described in Section 407.020(D)(3). c. Other fence design standards. (1) Any fences that could potentially create a sight obstruction for vehicles crossing pedestrian areas or entering the street may require greater transparency or additional location restrictions to allow for safe sight distances. (2) All fences in or abutting residential districts shall be constructed so that the finished side faces adjacent property and the support posts are inside the fence and screened from view. (3) Fences may be located so that the fence face is at or near the property line; otherwise the fence shall be setback at least three (3) feet from the property line absent more specific standards in these regulations. Any areas set back three (3) feet or more from the property line, which could become enclosed by other similarly located fences, may be required to have at least one (1) gate for access and maintenance equipment. (4) Fences shall be constructed out of any of the following materials: (a) Wood or vinyl simulating wood; (b) Wrought iron or aluminum simulating wrought iron; (c) Stone, brick, concrete with stone or brick veneer, or precast concrete simulated stone or brick; or (d) Chain link or vinyl clad chain link in the rear or side yard only, provided all exposed steel shall have a color finished coat or be galvanized. (5) Fences for security in non-residential districts or fences around recreation amenities such as tennis courts or pools may be exempt from the height and material standards. (6) Any fence proposed across a drainage way or drainage easement shall require review and approval by the Director of Public Works. TABLE 407.040-1 (See attached Exhibit A) TABLE 407.040-5 (See attached Exhibit B) Page 6 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 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: This particular property has an odd shape and at 32,101 sq. ft. (approximately ¾ of an acre) is somewhat small for an industrially zoned property. The existing buildings do have a bearing on the reuse potential of this site. The applicant is proposing a commercial automobile sales use on the site and in so doing is asking for relief of all landscaping and buffering standards. Staff does not agree that this is a reasonable request even with the somewhat unusual configuration and size of the site. Staff believes that the use is dictating the request, not the site. 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 may adversely affect adjacent properties in that it will not meet minimum landscape appearance standards required by the City and as such may continue to be a blighted appearing property. 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. Staff Response: It is staff’s opinion that the strict application of the zoning regulations creates a practical difficulty for the applicant. However, it is unreasonable to argue that because you cannot meet all of the landscape and buffering requirements of the ordinance, you should be allowed to waive the requirements completely. For instance, Section 407.040.1.c allows a waiver for small sites. This code section allows the Planning Commission to limit the area of landscape buffers to 10% of the site area. In this case, if a variable 10-foot buffer were to be provided along Woods Chapel Road and a similar buffer was to be provided along the south property boundary this could fulfill the 10% requirement assuming approval by the Planning Commission. The Planning Commission has acted favorably on such requests in the past. Staff also believes it is reasonable to require a minimum five-foot buffer/paving setback in lieu of a 15-foot landscape buffer and a 10-foot paving setback required along the north property boundary. The site to the north is zoned “GB” (General Business) requiring a 15- foot buffer from properties zoned “LI” (Light Industrial). The site to the north is also a relatively small site and will likely need to request an exception to the landscape requirements. If the City hopes to have any buffer between the two properties it would make sense to “split” the buffering requirements between the two properties. 4. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Page 7 of 8  Project: 1928 NW Woods Chapel Road Plan Case Number: VAR-11-16-5585 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 as requested is in opposition with the general intent and/or spirit of the UDC in that the UDC generally requires all properties to have landscape buffers either through yards common for residentially zoned properties or frontage strips common to commercially zoned properties. Further, and as noted above, the UDC has provisions that are specifically intended to aid smaller properties in providing some landscaping without overburdening development/use of the site by the full landscape requirements. STAFF RECOMMENDATION: Staff recommends that the Board approve the variance to Section 405.050.A.23.a (paving area setback) and e.2 (use of landscape berms), and to both Table 407.040-1 and 5, and to deny the variance request for elimination of landscape buffers (Section 407.040) referring this issue to the Planning Commission for consideration of a reduction based on 407.040.D.1.c, “Waiver for small sites.” SUMMARY: The Board of 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 8 of 8  en or dd ch Hi Ct An General Zoning Downtown NW inte NW inte District Zoning District Po Po NW Anchor Ct RE CS SF-12 T3 SF-7 SF-7 T4 NW Harbor Pl Ct TF T5 u se MF-10 Ho ht MF-14 Overlay Districts L ig MF-20 ADP-O NW NW NB H-O RD Ct SO PR-O er R-O M iz e Pi Jackson County GB CB Conservation District Rd NW RC PUD Concept Plan Planned Development LI NW HI COUNTY Ha MF-14 RE-C rbor Ct GB-C k e Pl HI-C r eD Jackson County stbroo SF-7 oo k tbr NW W es e W NW Duncan Rd NW Independence GB LI LI TF/R-O SITE LI RC/ R-O NW Je ffe rso n S LI RC GB GB t NW Danbury Pl § ¨ ¦70 RC Ct hl an d GB As NW TF NW Jeff e rson S NW S ou w th Outer R NW NW inslo d Wins W NW Carl Ct low Pl Felt Dr Dr RC RC nD r rdif f GB RC An NW ng to s do Dr ver NW Ca GB NW South O uter Rd Ki NW GB e Dr tr e nterbu le nd ds ry Rd Woo Ca NW NW NW NW Delwood Dr MF-14 Winsto NW 36th St n Cir NW C a C hap NW K in gsridg e Dr NW GB NW Arl ington Pl NW el Rd Ol NW Delw d y ood lle Ct NW yV Va ll e Kings Jackson Va View ridge County iew Rd NW Ct Rd Arlin RE NB rb Ct gton NW Rosaceae Dr NW Valley View Pl NW nte r Ca ood D Ct ur y ringw VAR-11-16-5585 NW S p 1928 NW WOODS CHAPEL RD SITE LOCATION MAP 0 300 ± 600 1,200 Feet  NW Harbor Pl Ct se Hou h t Lig NW Ct er Jackson County Pi NW NW NW RD M Ct ize or rb NW W Rd Ha estbro oke P l NW Duncan Rd Independence SITE NW Je fferson St § ¦ ¨ 70 ow NW insl NW Sou th Outer R W NW Carl d Pl Felt Dr Dr Ca rd iff NW Dr NW e tre y Rd 36t le nd hS NW Ca NW C NW NW t ds C anterb NW Delwood Dr Winsto n Wo o Cir NW K ingsrid ur hape g e Dr NW NW Arlington Pl N W Delw ood l Rd d lle Ct NW iew Va yV y ew Kings lle Vi ridge Va R d Ct Rd VAR-11-16-5585 1928 NW WOODS CHAPEL RD SITE LOCATION AERIAL MAP 0 250 ± 500 1,000 Feet  NW Harbor Pl Ct e ous t H h L ig NW C t P ier Jackson County NW NW NW Ha RD rb o Independence M rC t ize Rd NW Duncan Rd 35-520-03-03-00-0-00-000 35-520-02-03-00-0-00-000 35-520-03-04-00-0-00-000 35-520-08-01-00-0-00-000 35-510-05-14-00-0-00-000 35-520-02-04-00-0-00-000 35-510-05-15-00-0-00-000 § ¦ ¨ 70 NW S ou NW Woods C th Outer Rd hapel Rd VAR-11-16-5585 1928 NW WOODS CHAPEL RD 185' NOTIFICATION MAP 0 205 ± 410 820 Feet