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Planning Commission Agendas

Regular Meeting

Blue Springs, MO · December 8, 2014

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Agenda

Planning Commission AGENDA Monday December 8, 2014 6:30 p.m. MUNICIPAL ANNEX 1304 MAIN STREET City of Blue Springs Wallace Mark Trosen Graham Chairman Sanders Bartolotta McCall Duhon Billups Haney Abbott Banks PROCEDURE FOR PUBLIC HEARING TESTIMONY If you will require special accommodations to allow your participation in this meeting, please call 228-0207 (voice) or 228-0250 (TDD) 1. The Chairman will open the public hearing and call for exhibits from the City Attorney. 2. Staff comments 3. Applicant will make a presentation (See time limits on next page) 4. Witnesses in favor of the petition will be called to speak. (See time limits on next page) 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 Public Stenographer. State your name and your address clearly, and make your comments to the Commission. Please refrain from repeating points made by others. 5. Witnesses opposed to the petition will be called to speak. (See time limits on next page) 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 Public Stenographer. State your name and your address clearly, and make your comments to the Commission. Please refrain from repeating points made by others. 6. Questions and General Discussion 7. The Chairman will close the public hearing, and the Commission will consider the facts and approve or deny the request.  A recommendation will be forwarded to the City Council for their review and action. City of Blue Springs PLANNING COMMISSION MEETING MANAGEMENT CRITERIA  Introduction – Open Public Hearing - Introduce Items – Call for Exhibits  Staff Presentation – No more than 10 minutes  Questions from Commission – No time limit  Applicant (petitioner) presentation – No more than 15 minutes  Questions from Commission – No time limit  Proponents – each – No more than 5 minutes (No Redundancy)  Questions from Commission – No time limit  Opponents (if using a spokesperson) – No more than 15 minutes  Questions from the Commission – No time limit  Opponents (each) – No more than 5 minutes (No Redundancy)  Questions from Commission – No time limit  Commission discussion  Close Public Hearing  New items will not be started after 10:00 p.m. unless decided by the Planning Commission. Special Meetings will be called when necessary with the recommendation of Staff and the Chairperson. ### Municipal Annex – 1304 W Main Street PLANNING COMMISSION MEETING AGENDA Monday, December 8, 2014 - 6:30 p.m. Planning Commissioners please call 228-0207 if unable to attend 1 CALL TO ORDER – PLEDGE OF ALLEGIANCE - CONSENT AGENDA (All items under Consent Agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately.) a) MINUTES – October 27, 2014 2 PUBLIC HEARING / REZONING / RZ-11-14-4664 / “Blue Springs Chiropractic Health” / 800 W Main Street Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner on November 22, 2014 3. Application with attachments 4. 185 ft. Notification Map 5. Names/addresses of property owners within 185 ft. of site 6. Copy of letter sent to said property owners 7. Title IV, Land Use Section – B.S. Code of Ordinances (by reference) 8. 2003 Comprehensive Plan (by reference) 3 OTHER BUSINESS – The next scheduled meeting is Monday, December 22, 2014. 4 ADJOURN 5 PUBLIC OFFICIALS LIABILITY TRAINING – Presented by Nancy Yendes, City Attorney If special accommodations are required for citizen participation in this meeting, PLEASE CALL 228-0207 (VOICE) OR 228-0250 (TDD) 12.08.2014 Page 1 of 1 kf NOT APPROVED City of Blue Springs 903 Main Blue Springs, Missouri 64015 Planning Commission MINUTES Monday, October 27, 2014 A regular meeting of the Planning Commission of the City of Blue Springs was held in the City Hall East Conference Room located at 903 W Main Street on Monday, October 27, 2014 with the following members, guests and staff in attendance: ATTENDANCE Ginger Duhon Joe Haney Phil Bartolotta Travis Graham Lynn Banks Ken Billups Jason Sanders George Abbott LaTasha McCall James Wallace Mark Trosen, Chairman Scott Allen, Community Development Director Jim Holley, Community Development Assistant Director Ben McCabe, City Engineer Nancy Yendes, City Attorney Karen Findora, Recording Secretary ABSENT Susan Culpepper, Councilman – District 3 (Mayor Pro-Tem) CALL TO ORDER Chairman Mark Trosen called the meeting to order at 6:30 p.m. with a request that everyone stand for the Pledge of Allegiance. CONSENT AGENDA Chairman Trosen requested action on the Consent Agenda. The meeting APPROVAL minutes were amended with the following changes to pages 6 and 7, “Recommendation number 10 & 11 were removed and struck through” for M & M Properties Site Plan/Design Review / SPDR-09-14-4557. With a motion by Commissioner Ken Billups, a second from Commissioner Travis Graham, and a unanimous vote, the Minutes of October 13, 2014, were approved as revised. AGENDA ITEM 2 PRELIMINARY PLAT / Jim Holley, Assistant Director of Community Development, stated that PP-09-14-4556 / “Lone before the Commission is a request for approval of a Preliminary Plat of 2 Pines Acres Lots 1 & 2” / lots located on the northeast corner of SE Adams Diary Parkway, and US Russell Moore / 1500 SE US 40 Highway. The lots are zoned “LI/ADP-O” (Light Industrial / Adams 40 Hwy. Dairy Pkwy. Overlay). Mr. Holley stated that prior to Final Plat submission, public sanitary sewer P.C. Minutes – 10.27.2014 Page 1 of 3 kf NOT APPROVED construction shall be completed and all sanitary sewer easements shall be recorded with Jackson County. The required sidewalk has been shown on the Preliminary Plat and it must be installed, or a financial guarantee submitted, prior to City Council approval of the Final Plat. The existing north-south drive will serve Lots 1 and 2 as the current drive serving Lot 1 will be removed with the sidewalk construction. A thirty (30) foot cross access easement is proposed on the westernmost property line of Lot 1 to connect between Lot 1 and Lot 2. APPLICANT Robert Walquist, Quist Engineering, Inc. QUESTIONS Commissioner James Wallace asked what business is located in this area. Mr. Walquist stated that Direct TV is located at this site. Chairman Trosen asked if Lot 2 was landlocked. Mr. Holley stated that it is but the applicant is conducting a cross access easement for the lots. There will be one entrance instead of two coming in from 40 Highway. MOTION AGENDA ITEM 2 Commissioner Ken Billups moved to approve the Preliminary Plat / PP-09- PRELIMINARY PLAT / 14-4556 / “Lone Pine Acres Lots 1 & 2” with ten (10) staff PP-09-14-4556 / “Lone recommendations. Pines Acres Lots 1 & 2” / Russell Moore / 1500 SE US 40 Hwy. SECOND Seconded by Commissioner Ginger Duhon. VOTE Ken Billups – Aye LaTasha McCall – Aye Joseph Haney – Aye Travis Graham – Aye Ginger Duhon – Aye George Abbott – Aye Lynn Banks – Aye James Wallace – Aye Jason Sanders – Aye Phil Bartolotta – Aye Mark Trosen, Chairman - Aye STAFF (APPROVED 11-Aye, 0-No) RECOMMENDATIONS 1. The Final Plat shall be recorded with Jackson County and all required documents must be returned to the Community Development Department once the plat has been recorded prior to the issuance of building permits. 2. All required sidewalks will need to be shown on the Final Plat. The sidewalks must be installed, or a financial guarantee submitted, prior to City Council approval of the Final Plat. 3. The proposed sidewalk must extend to the west property line of Lot 1. 4. An ADA compliant cross slope is required across the existing drive. 5. Prior to Final Plat submission, public sanitary sewer construction shall be completed and all sanitary sewer easements shall be P.C. Minutes – 10.27.2014 Page 2 of 3 kf NOT APPROVED recorded with Jackson County. 6. A permit from the Missouri Department of Transportation will be required to construct all proposed sidewalk infrastructure. 7. A construction permit for public infrastructure is required prior to commencing construction activities and can be acquired from the Engineering Division of Public Works. 8. As-Built Drawings (also known as Record Drawings) marked up to reflect changes made during the construction process to public infrastructure shall be prepared and submitted to the Public Works Department in both electronic and hard copy versions. 9. Maintenance bonding is required for public infrastructure improvements – water, sanitary sewer, and roadway. Per City Code, no construction shall be accomplished and the construction permit shall not be issued until a maintenance bond in an amount equal to one half (½) the cost of construction and satisfactory to the City Attorney shall be posted with the City Engineer or his/her designate, guaranteeing against defects in construction for a period of one (1) year. 10. Fire protection in the project area is provided by the Central Jackson County Fire Protection District (CJCFPD). The City of Blue Springs Community Development and Public Works Departments require conformance with CJCFPD requirements and confirmation of their approval with the development plans, including fire hydrant spacing and locations. A CJCFPD review is typically completed with the construction permit plan set. ANNOUNCEMENTS Downtown Alive Chili Fundraiser, November 17, 2014 at Pizza Shoppe from 11:00 am – 1:00 pm. America’s Community Bank Open House, October 30, 2014 from 4:00 pm – 6:00 pm. OTHER BUSINESS The next scheduled meeting for Monday, November 10, 2014 has been cancelled due to lack of agenda items. The following meeting is scheduled for Monday, November 24, 2014. MEETING ADJOURN With no further discussion, a motion was made by Commissioner Lynn Banks to adjourn at 6:40 p.m. Seconded by Commissioner Travis Graham. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________ __________________________ Mark Trosen, Chairman Date P.C. Minutes – 10.27.2014 Page 3 of 3 kf PLANNING COMMISSION STAFF REPORT Meeting Date: December 8, 2014 Agenda Item: 2 Case File Number: RZ-11-14-4664 Project Name: Blue Springs Chiropractic Health Center Type of Application: Rezoning Request: Approval to change the property zoning from “T4” (General Urban) to “T5” (Urban Center) Applicant: HJM Architects / Richard Hu Property Owner: Dr. Aston Goldsworthy Engineer: N/A Architect: HJM Architects / Richard Hu Attorney: N/A General Location: Southwest corner of SW 8th Street and West Main Street Area: 0.82 +/- acres Proposed Lots: 1 Existing Zoning: “T4” (General Urban) Existing Land Use: Vacant Comprehensive Plan Designation: Central Business District Attachments: Applicant request to Rezone TYPE IV Small Commercial Building Detail Downtown Zoning Map Overlay Main Street Approach from Downtown Master Plan Downtown Review Board December 3, 2014 Planning Commission: December 8, 2014 City Council: December 15, 2014 Planner: Michael Peterman, Principal Planner Reviewed By: Scott Allen, Community Development Director Page 1 of 5 Project: Blue Springs Chiropractic Health Center Plan Case Number: RZ-11-14-4664 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) Page 2 of 5 Project: Blue Springs Chiropractic Health Center Plan Case Number: RZ-11-14-4664 BACKGROUND INFORMATION/SUMMARY: The applicant is proposing to change the zoning on this property from “T4” (General Urban) to “T5” (Urban Center). The applicant proposes to build a chiropractic health center on this property. The 2006 Downtown Master Plan identifies this area as the “Main Street Approach”. The Plan states “as the properties redevelop, they should do so in primarily a residential manner, but could have designs that could transition to other uses.” The approval of the Downtown Development Code (DDC) in 2007 identified this property as suitable for live/work type buildings on the Downtown Zoning Map Overlay (pg. 46 attached). The applicant is proposing to build a “Type IV: Small Commercial Building” as identified in the DDC on page 13 (attached). (This type of building is not allowed in the T4 zone, and only with a Conditional Use Permit in the T5 zone.) The DDC defines the T4 zone as having a denser and primarily residential urban fabric. Mixed-use is usually confined to certain corner locations. This zone has a wide range of building types: singles, rowhouses, apartment buildings and more. Setbacks and street tree settings are variable. Streets typically define medium-sized blocks. The DDC defines the T5 zone as the equivalent of the main street area. This zone includes mixed-use building types that will accommodate retail, office and dwellings, including rowhouses and apartments. This zone is a tight network of streets and blocks with wide sidewalks, steady street tree plantings and buildings set close to the frontages. PREVIOUS ACTIONS/APPROVALS: The project was reviewed by the Downtown Review Board (DRB) on December 3, 2014. The board voted 5-0 to recommend denial of the application. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: The City Council will review the recommendation of the Planning Commission on the Rezoning request. The applicant will then present a site plan that will include all related building elevations to the Downtown Review Board. The DRB will make a recommendation to the Planning Commission. The Planning Commission will review the project in a hearing for the Conditional Use Permit and Site Plan/Design Review. Attached are recommendations from the Public Works Department to be considered for future applications. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: T4 Main St/small commercial businesses South: T3/T4 Residential East: T4 8th St./ small commercial businesses West: T3/T4 Vacant Page 3 of 5 Project: Blue Springs Chiropractic Health Center Plan Case Number: RZ-11-14-4664 RECOMMENDATION: Staff does not recommend approval of the Rezoning as it is in stark contradiction to the Downtown Master Plan direction for this block of Main Street. REVIEW CRITERIA: In reviewing any application for an amendment to the official Zoning Map (zoning change), the Planning Commission and City Council shall review the proposed amendment in light of the Comprehensive Plan, the general requirements of the Unified Development Code and the following considerations: 1. Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance; The approved Downtown Master Plan is the guiding document for development in Downtown Blue Springs. The conditions that existed at this location when the Plan was approved still exist today. The vision of this portion of Main Street is to be primarily residential in nature. Achieving a higher residential density in Downtown Blue Springs is essential for future economic growth. 2. The precedents, and the possible effects of such precedents, that might result from approval or denial of the petition; An approval of this rezoning request at this time would devalue the goals of the Downtown Master Plan. Allowing the conversion of primarily residential space to allow a single use commercial building with no residential component would diminish the amount of available area critical to achieve the higher density goals of the Plan. 3. The ability of the City or other government agencies to provide any services, facilities or programs that might be required if the petition were approved; All City services are in place at this location. 4. The effect of approval on the condition or value of property in the City or in the vicinity; The use of this property for a small commercial building does not provide the maximum benefit that could be derived if the current zoning is in place and it is developed to the maximum potential that would be allowed. 5. The consistency of the application with adopted policies of the City; The City of Blue Springs and other groups invested in Downtown Blue Springs are in agreement with the goals of the Downtown Master Plan. As stated the current plan is not consistent with the adopted policies of the Downtown Master Plan. Page 4 of 5 Project: Blue Springs Chiropractic Health Center Plan Case Number: RZ-11-14-4664 6. The zoning and land use recommended by the Comprehensive Plan. The Downtown Master Plan is the guiding document for development in the core of the City of Blue Springs. The visions and goals of this plan were established by the hard work and dedication of many residents, land owners, business owners and public officials of Blue Springs. A significant alteration in that vision would be significant deviation from the established goals. Page 5 of 5 NW 1 NW 13th NW 6th St NW 18th St NW 16th St ¬ « 7 Br Dr SF-7 oo k NW Hearnes Ave SF-7 SO W ill o NW Range w GB NW 12th St NW 10th St NW SF-7 GB TF St NW St Mary's Dr 5th w t NW illo k C NW W roo B NW 11th NW RD Mize Rd MF-14 TF NW A St NE RD Mize Rd NW 10th St St NW A St SO SO NW Va GB lle Brook D y NW Durango r Ct T3/ NW 3rd St NW B St NW B St NW Durango St H-O T3 GB NW NW 5th St Wimbleton NW NW 17th St NW Vesper Dr Ct NW Zau n Ave MF-14 Vail T5 GB NW Ct NW NW Knox St Augusta NW un Ct Vesper Za e NW 16th St Ct Av GB NW Vesper St SO MF-14 NW 12th St LI GB NW 11th St NW Vesper St T3 NW Nor th GB NW 17th St Summit Cir N NW 14th St NW NW Summit St St W 4 2nd N Stre et NW Summit St T3 NW Summit St re th et Stre et Ct Ct GB NW South C t NW Summit Dr Summit Cir NW Oak St T5 SF-7 T4 W Main St T4 NW Lakevie w Ct SW 8th St T5 SW 12th St SW 17th St SW Smith St SW 14th St SW Smith SW 11th St ¬ « 7 NW 6th St NW 6th Street Ter NW Lakeview Rd NW 5th St St SITE SW Jones St NW 4th St NW 3rd St T3/ H-O GB NW 2nd St N 1st St W Walnut St T4 T5 CS SW 9th St SW SW Moore St Moore SW SW 7th Street Ter SW Moore St St SW h S 1st St e 6t SW Moo r SW 17th St re SW Chicago St 11th St T3 St St r SW 13th St SW 4th St SW Te SW 15th St et SW 5th St Chicago SW Moore Ct St SW 12th St T3 GB TF SW Chicago St SW Mcarthur St SW 6th St TF SW 6th SW South Ave SW South Ave GB Street SW 5th St SW 4th St Ter SW 8th St iels St LI SW 16th St LI SW 10th St SW Eugene SF-7 LI LI GB RC GB GB £ ¤ 40 RZ-11-14-4664 £ ¤ 40 SW Jaguar Ln GB BLUE SPRINGS CHIROPRACTIC HEALTH CENTER 800 W MAIN ST 0 350 700 ± 1,400 Feet SITE LOCATION MAP PUBLIC NOTICE Rezoning RZ-11-14-4664 “Blue Springs Chiropractic Health Center” 800 W Main Street Notice is hereby given that a public hearing will be held by the Planning Commission of the City of Blue Springs on Monday, December 8, 2014 at 6:30 p.m. in the Municipal Annex located at 1304 W Main Street for the purpose of hearing parties in interest and citizens on a request by HJM Architects to approve a Rezoning for 800 W Main Street. The applicant is requesting a zoning change from, “T-4” (General Urban Zone) to “T-5” (Urban Center Zone) zoning district for the redevelopment of the site for commercial purposes. Interested parties may view the application materials on file in the Community Development Department located at 903 W. Main Street, Blue Springs, MO. The site is legally described as follows: KABEL'S ADDITION, REPLAT, LOT 1A, LOT 1A, Blue Springs, Jackson County, Missouri. CITY OF BLUE SPRINGS Planning Commission By: Karen Findora, Recording Secretary The City Council of the City of Blue Springs will also hold a public hearing on the above noted Rezoning / RZ-11-14-4664 on Monday, December 15, 2014 at 6:30 p.m. in the Municipal Annex Facility to consider the application and the recommendation of the Planning Commission. CITY OF BLUE SPRINGS City Council PUBLISH: Saturday, November 22, 2014 E-MAIL TO THE EXAMINER: Attn. Kathy Jones, Kathy.jones@examiner.net 11/20/2014 Page 1 of 1

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