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Planning Commission Agendas

Regular Meeting

Blue Springs, MO · June 8, 2015

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Agenda

Planning Commission AGENDA Monday June 8, 2015 6:30 p.m. MUNICIPAL ANNEX 1304 MAIN STREET City of Blue Springs Wallace Travis Graham Bartolotta Chairman Sanders Peil 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, June 8, 2015 - 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 May 27, 2015 2 FINAL PLAT / PF-1-15-4735 / “TOYO Motors” / 1708 SW US 40 Highway 3 OTHER BUSINESS – The next scheduled meeting is Monday, June 22, 2015. 4 ADJOURN If special accommodations are required for citizen participation in this meeting, PLEASE CALL 228-0207 (VOICE) OR 228-0250 (TDD) 06.08.2015 Page 1 of 1 Kf City of Blue Springs 903 Main Blue Springs, Missouri 64015 Planning Commission MINUTES Wednesday, May 27, 2015 A regular meeting of the Planning Commission of the City of Blue Springs was held in the Municipal Annex located at 1304 W Main Street on Wednesday, May 27, 2015 with the following members, guests and staff in attendance: ATTENDANCE James Wallace Joe Haney Lynn Banks Ken Billups Jason Sanders George Abbott Travis Graham, Vice Chairman Scott Allen, Community Development Director Jim Holley, Community Development Assistant Director Ben McCabe, City Engineer Bob McDonald, Acting City Attorney Kent Edmondson, Councilman – District 2 (Mayor Pro-Tem) Jim Leacock, Public Stenographer Karen Findora, Recording Secretary ABSENT Planning Commissioner LaTasha McCall Planning Commissioner Phi Bartolotta Planning Commissioner Ginger Duhon Nancy Yendes, City Attorney CALL TO ORDER Vice Chairman Travis Graham called the meeting to order at 6:30 p.m. with a request that everyone stand for the Pledge of Allegiance. CONSENT AGENDA Vice Chairman Graham requested action on the Consent Agenda with a APPROVAL motion by Commissioner Ken Billups, a second from Commissioner James Wallace, and a unanimous vote, the Minutes of May 11, 2015, were approved as submitted. AGENDA ITEM 2 The public hearing for Agenda Item 2 was opened at 6:32 p.m. with a PUBLIC HEARING / request for exhibits from the Intern City Attorney. Mr. Bob McDonald CONDITIONAL USE entered Exhibits 1 thru 8 for Agenda Item 2 into the public record on PERMIT / CUP-1-15-4734 / behalf of the applicant. “TOYO Motors” / 1708 SW Exhibits: 40 Highway 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner on February 7, P.C. Minutes – 05.27.2015 Page 1 of 7 kf 2015 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) STAFF COMMENTS Jim Holley, Assistant Director Community Development, stated that before the Commission is a request to approve a Conditional Use Permit to allow vehicle sales at 1708 SW US 40 Highway. The property is currently zoned “RC” (Regional Commercial). A Variance was approved by the Board of Adjustment on July 9, 2014 to allow the minimum lot size in the “RC” zoning district to be reduced. The second Variance request that was approved was on May 13, 2015 for Section 405.020.Y. Vehicle/Equipment Sales, Driveways, and Section 407.040.F Right-of-way and Transition Buffers of the UDC of the City of Blue Springs. The applicant has also submitted a Final Plat and it is tentatively scheduled for the June 8th Planning Commission meeting and would proceed to the City Council on June 15th. The proposed vehicle display and parking area is paved with asphalt as per the UDC. Any defects in the asphalt will be repaired with normal maintenance provided prior to the use being initiated. The current proposal shows two parking spaces that will encroach into the 25-foot street right-of-way setback. As the site is currently configured the paving extends to both the east and west property boundaries. The Variance noted above (VAR-4-15-4812) provided relief to the paving setbacks provided in Section 405.020.Y. Vehicle/Equipment Sales, Driveways, requesting to maintain the existing paved areas in lieu of providing the setbacks as required by Section 405.020.Y.1, Paving Area Setback, requesting a 15 foot paving setback along the right-of-way in lieu of 25 feet required, a 0 foot paving setback along the east and west property boundaries in lieu of 10 feet required and a 20 foot paving setback along the south property boundary in lieu of 30 feet required. The applicant has provided 22 parking spaces of which 10 spaces will need to be dedicated to customer and employee parking. (1 parking space is required for each 2,000 sq. ft. of lot area; 19,602 sq. ft. / 2000 = 9.801 or 10 spaces) A loading space can be provided (though not currently designated on the plan) along the rear drive of the property. The applicant received approval of the above noted variance (VAR-4-15- 4812) to the UDC, Section 405.020.Y. Vehicle/Equipment Sales, Driveways, requesting to maintain the two existing 20 foot driveways in lieu of one 20 foot driveway allowed. P.C. Minutes – 05.27.2015 Page 2 of 7 kf Noise. The use of loud speakers or other exterior amplification devices shall be prohibited. The applicant understands this and is willing to comply. The applicant is proposing an overhead garage door on the southern end of the east elevation. This will not be facing the public right-of-way or residential property. There is existing landscaping along Eastbound US 40 Highway and the southern property boundary, and there will need to be landscaping added along the both the east and west property lines. Staff does not recommend that berms be installed because of the limited size of the landscape area. The applicant will be required to submit a sealed Landscape Plan before final occupancy. The existing parking area may need to be resurfaced and/or restriped in order to provide for easy identification of the parking spaces. A minimum of four (4) spaces shall be provided for the auto sales office, one of which shall be handicap accessible, and 10 spaces provided for the outdoor vehicle sales use. The applicant’s submittal included drawing for the reuse of the non- conforming pole sign. Signs are not approved with this Conditional Use Permit. However, Section 409.040.D.4 states that “Any non-conforming sign that pertains to a business or institution that ceases operation for a period of six (6) months or more shall not be reused for sign purposes until it is brought into full compliance with the standards of Chapter 501.” Since this property has been vacant for well over 6 months the pole sign must be removed. Signage may be approved under a separate application with a standard sign permit. The Conditional Use Permit does allow Vehicle Sales on this property, with that the use will run with the land if there would be other future owners of this property. None. Greg Ground, Attorney, Grounds & Emke QUESTIONS 992 Oak Street Kansas City, MO 64106 APPLICANT Mr. Grounds stated that his client intends to meet all staff recommendations. One item Mr. Grounds wanted to clarify was the mention of the garage door as how they have said before there will not be any vehicle repairs on the property only cleaning and detailing of cars. QUESTIONS None. WITNESSES IN FAVOR None. WITNESSES OPPOSED None. P.C. Minutes – 05.27.2015 Page 3 of 7 kf HEARING CLOSED With no further discussion, Vice Chairman Graham closed the public hearing at 6:42 p.m. Commissioner James Wallace moved to approve the Conditional Use MOTION Permit / CUP-1-15-4734 / “TOYO Motors” with eight (8) staff AGENDA ITEM 2 recommendations. PUBLIC HEARING / CONDITIONAL USE PERMIT / CUP-1-15-4734 / “TOYO Motors” / 1708 SW 40 Highway Seconded by Commissioner Joe Haney. SECOND Ken Billups – Aye LaTasha McCall - Absent VOTE Joseph Haney – Aye George Abbott – Aye Ginger Duhon – Absent James Wallace – Aye Lynn Banks – Aye Phil Bartolotta – Absent Jason Sanders - Aye VACANT - Travis Graham, Chairman - Aye (APPROVED 7-Aye, 0-No) STAFF RECOMMENDATIONS Staff recommends approval of the Conditional Use Permit based on the criteria provided above and subject to the following conditions: 1. The Conditional Use Permit is to allow vehicle sales along with uses accessory thereto on the property. 2. The applicant is required to submit the Landscape Plan in accordance with Section 403.180 and the applicable provisions of Section 407.040 and said plan is to be approved by the Community Development Director prior to occupancy of the property. Failure to perform shall be grounds for revocation of this Conditional Use Permit. 3. The existing parking area may need to be restriped in order to provide for easy identification of the parking spaces. A minimum of four (4) spaces shall be provided for the auto sales office, one of which shall be handicap accessible, and 10 spaces provided for the outdoor vehicle sales use. 4. The applicant shall provide one loading space which shall be designated on the Site Plan prior to occupancy. 5. The applicant will be required to install sidewalk along SW Eastbound US 40 Highway or provide a performance escrow prior to Final Plat approval. 6. A 6-foot wooden fence along the south buffer shall be installed. P.C. Minutes – 05.27.2015 Page 4 of 7 kf 7. A loading space shall be provided (though not currently designated on the plan) along the rear drive of the property. 8. The applicant shall remove the existing non-conforming pylon sign located along Eastbound US 40 Highway prior to occupancy. AGENDA ITEM 3 The public hearing for Agenda Items 3 and 4 was opened at 6:43 p.m. with REZONE / RZ-5-15-4823 / a request from the Intern City Attorney. Mr. McDonald entered Exhibits 1 “North Ridge Cottages” W of thru 8 for Agenda Items 3 & 4 into the public record on behalf of the NW North Ridge Dr. & NW applicant. Jefferson Street Exhibits: 1. Staff Report with attachments AND 2. Affidavit of Publication in B.S. Examiner on May 9, 2015 3. Application with attachments AGENDA ITEM 4 4. 185 ft. Notification Map PLANNED RESIDENTIAL 5. Names/addresses of property owners within 185 ft. of site OVERLAY DISTRICT 6. Copy of letter sent to said property owners CONCEPT PLAN / PROC- 7. Title IV, Land Use Section – B.S. Code of Ordinances (by 5-15-4824 / “North Ridge reference) Cottages” W of NW North 8. 2003 Comprehensive Plan (by reference) Ridge Dr. & NW Jefferson Street Vice Chairman Graham announced that the applicant is requesting to be continued to the Monday, June 22, 2015 Planning Commission meeting. MOTION Commissioner Ken Billups recommended the continuance for the AGENDA ITEM 3 Rezoning / RZ-5-15-4823 and for the PR-O Concept Plan / PROC-5-15- REZONE / RZ-5-15-4823 / 4824 / “North Ridge Cottages” to the Monday, June 22, 2015 Planning “North Ridge Cottages” W of Commission meeting. NW North Ridge Dr. & NW Jefferson Street AND MOTION AGENDA ITEM 4 PLANNED RESIDENTIAL OVERLAY DISTRICT CONCEPT PLAN / PROC- 5-15-4824 / “North Ridge Cottages” W of NW North Ridge Dr. & NW Jefferson Street SECOND Seconded by Commissioner Lynn Banks. VOTE Ken Billups – Aye LaTasha McCall - Absent Joseph Haney – Aye George Abbott – Aye Ginger Duhon – Absent James Wallace – Aye Lynn Banks – Aye Phil Bartolotta – Absent Jason Sanders - Aye VACANT - Travis Graham, Chairman - Aye P.C. Minutes – 05.27.2015 Page 5 of 7 kf AGENDA ITEM 5 (APPROVED 9-Aye, 0-No) MASTER/ALTERNATIVE Scott Allen, Director of Community Development, stated that before the SIGN PLAN / ASP-5-15- Planning Commission is the request for an approval for a new freestanding 4826 / “Dillingham-Lewis sign in the Blue Springs Historic district. House Museum” / 101 SW 15th Street The Blue Springs Historical Society would like to post a permanent sign at the Museum. The sign is proposed to be 7 feet wide and 5 feet tall. The sign does not meet City Monument Sign Standards due to the open base and removable event board suspended from the bottom of the main sign. The City received input from the Historic Preservation Commission and the Downtown Review Board regarding the merits of allowing this sign in the historic district and downtown area. Both groups found that the sign was appropriate and recommended that it be approved. Previous approvals took place on November 13, 2014, the Historic Preservation Commission recommended approval and on April 29, 2015, the Downtown Review Board recommended approval of the sign. The proposed sign does not meet current standards for a monument sign. It is proposed to have an open base with a removable placard that can advertise multiple events at the museum. This sign is designed to be more in character with the time period and historical standards of the museum. The applicant is requesting this Alternative Sign Plan to allow the deviation from the standard monument sign allowed by code. APPLICANT Ken Billups, Blue Springs Historical Society Representative Mr. Billups stated that the Historical Society is trying to match the historical character of the building. This sign matches the fences that are located along the back of the museum. The sign will be 5 feet high 7 feet wide. The placard at the bottom of the sign will be changed out every time there is an event such as the garden tour, the homes tour or whatever happens to come up. The reason for the sign is that there are times when there is some confusion as to whether this location is a home or a museum. MOTION AGENDA ITEM 5 Commissioner Lynn Banks moved to approve the Master/Alternative Sign MASTER/ALTERNATIVE Plan / ASP-5-15-4826 / “Dillingham-Lewis House Museum.” SIGN PLAN / ASP-5-15- 4826 / “Dillingham-Lewis House Museum / 101 SW 15th Street SECOND VOTE Seconded by Jason Sanders. Ken Billups – Abstain LaTasha McCall - Absent Joseph Haney – Aye George Abbott – Aye Ginger Duhon – Absent James Wallace – Aye Lynn Banks – Aye Phil Bartolotta – Absent Jason Sanders - Aye VACANT - Travis Graham, Chairman - Aye P.C. Minutes – 05.27.2015 Page 6 of 7 kf (APPROVED 6-Aye, 0-No, 1-Abstain) OTHER BUSINESS Mr. Allen introduced Mitchell Peil as the newest Planning Commissioner. Mr. Piel will be sworn in at the Monday, June 1, 2015, City Council meeting. Vice Chairman Graham thanked Mr. Bob McDonald for sitting in for Nancy Yendes, City Attorney. The next Planning Commission meeting is scheduled for Monday, June 8, 2015. MEETING ADJOURN With no further discussion, a motion was made by Commissioner Ken Billups to adjourn at 6:53 p.m. Seconded by Commissioner Lynn Banks. _______________________________ Respectfully Submitted by, Karen Findora, Recording Secretary ____________________________________ __________________________ Travis Graham, Vice Chairman Date P.C. Minutes – 05.27.2015 Page 7 of 7 kf PLANNING COMMISSION STAFF REPORT Meeting Date: June 8, 2015 Agenda Item: 2 Case File Number: PF-1-15-4735 Project Name: TOYO Motors Type of Application: Final Plat Request: Recommendation for approval of the Final Plat for Toyo Motors Applicant: TOYO Motors Property Owner: Bill Wrisinger Engineer: Powell and Associates / Jeremy Powell Architect: N/A Attorney: Greg Grounds Location (Address): 1708 Eastbound U.S. 40 Highway General Location: South side of Eastbound U.S. 40 Highway, east of SW 19th Street Area: Approximately 0.45 +/- acres Lots: 1 (Proposed) Existing Zoning: “RC” (Regional Commercial) Existing Land Use: Vacant Drive-up Restaurant Comprehensive Plan General Commercial Designation: Attachments: Final Plat Planning Commission: June 8, 2015 City Council: June 15, 2015 Planner: James Holley, Asst. Dir. Of Community Development Reviewed By: Scott Allen, Community Development Director Page 1 of 5 Project: TOYO Motors 1st Plat Plan Case Numbers: PF-1-15-4735 Figure 1. Vicinity Map / General Location Map Figure 2. Project Site (Aerial Photo) Page 2 of 5 Project: TOYO Motors 1st Plat Plan Case Numbers: PF-1-15-4735 BACKGROUND INFORMATION/SUMMARY: The applicant wishes to allow a vehicle sales lot to occupy this particular lot. In order for this to occur the applicant must Plat the property in accordance with Section 403.050 of the Unified development Code (UDC) because of the change of use. The Planning Commission reviewed and approved the Preliminary Plat on October 13, 2014. The applicant is now requesting a recommendation for approval of the Final Plat. PREVIOUS ACTIONS/APPROVALS:  A Variance was approved by the Board of Adjustment on July 9, 2014 to allow the minimum lot size in the RC (Regional Commercial) zoning district to be reduced (VAR-5-14-4397).  The Planning Commission approved a Preliminary Plat (PP-9-14-4586) for this property on October 13, 2014.  The Planning Commission recommended approval of a zoning map amendment (RZ-9-14-4585) on October 13, 2014 and the City Council approved the zoning map amendment on October 20, 2014 changing the zoning from GB (General Business) to RC (Regional Commercial).  A second Variance (VAR-4-15-4812) was approved by the board of Adjustment on May 13, 2015 to Section 405.020.Y. Vehicle/Equipment Sales, Driveways and Section 407.040.F Right-of-way and Transition Buffers of the Unified Development Code of the City of Blue Springs.  The Planning Commission approved the Conditional Use Permit (CUP-01-15-4735) for vehicle sales on May 27, 2015. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: Any future signs will require a standard sign permit and building permits may be needed prior to occupying of the property. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: U.S. 40 Hwy Arterial South: Two-Family Residential East: General Business Commercial West: General Business Commercial RECOMMENDATION: Staff recommends approval of the Final Plat with two conditions (2). FINAL PLAT Minimum Setbacks: The proposed configuration meets setback requirements noted in Section 404.140.C.3 and 4 as follows: Page 3 of 5 Project: TOYO Motors 1st Plat Plan Case Numbers: PF-1-15-4735 Exterior setbacks. The minimum exterior setback shall be fifteen (15) feet when adjacent to local streets and twenty-five (25) feet when adjacent to any other type of street. Interior setbacks. No minimum interior setback shall be required, provided that when the interior setback area is adjacent to lots zoned TF, SF-7, SF-12 or less intensive, the minimum interior setback shall be twenty (20) feet. When adjacent to lots zoned MF-14, MF-20, NB or SO the minimum interior setback shall be fifteen (15) feet. Access / Parking: Access to the lot is provided from U.S. 40 Highway. The site currently has two driveways that allow for a drive-thru configuration. The Board of Adjustment and Planning Commission approved this configuration in order to allow for uninterrupted circulation throughout the lot. The applicant has provided 22 parking spaces of which 4 spaces will need to be dedicated to customer and employee parking and a minimum of 10 spaces must be provided for vehicle sales A loading space can be provided (though not currently designated on the plan) along the rear drive of the property. This meets the minimum UDC requirement for parking. Public Utilities: All public utilities are provided to the site. Sidewalk / Path Improvements: Sidewalk is not yet available along US 40 Highway but is a requirement of the Preliminary Plat and will be installed or an escrow posted prior to approval of the Final Plat. Landscape Buffers: Section 407.040.F., Right of way and Transition buffers, requires that a minimum 15-foot buffer be provided along the north and south property boundary. This buffer is provided through a Landscape Easement shown on the plat. Stormwater Detention: Because this site is fully developed as noted above there will not be any stormwater detention improvements required. Street Improvements: Street improvements in this location are not necessary at this time. Page 4 of 5 Project: TOYO Motors 1st Plat Plan Case Numbers: PF-1-15-4735 Utility Easements: Utility easements are shown on the plat. Plat Approval: The Final Plat must be approved prior to occupancy of the accessory building for the proposed vehicle repair use. In addition, as has been noted above, building permits may also be necessary prior to occupancy. ACTION BY PLANNING COMMISSION: The Commission is being asked to provide a recommendation on the Final Plat. The plat is reviewed at this time to determine if it conforms to the requirements of the City’s development codes; and there are appropriate assurances that the proposed improvements will be completed, should the developer fail to perform. The Planning Commission may recommend approval, modify approval or, if the plat does not meet the requirements of the City, recommend denial. Approval of the Final Plat by the City constitutes an acceptance of the easements shown on the plat. Endorsement of the Final Plat by the City confers on the owner the right to record the plat, and to use the plat as an instrument to transfer lot ownership. STAFF RECOMMENDATION: Staff recommends approval of the Final Plat with the following condition: 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. The sidewalk required along Eastbound US 40 Highway shall be installed or an escrow posted prior to approval of the Final Plat. Page 5 of 5 SW 19th Street Te CS SW SW 18th Street Ter SW Moore St Moore SW 22nd St SW 21st St St SW SW 24th St SW 17th St SW Chicago St SW 18th St 11th SW 25th St St SW 13th St SW SW 15th St Chicago SW 23rd St St SW 12th St T3 SW Mcarthur St SW South Ave SF-7 SW South Ave SW South Ct SF-7 SW McDaniels St SW 16th St SW 10th St SW Eugene SW Jackson Ct SW Jackson St SW Jackson St SF-7 LI TF SW Leonard St GB RC GB RC GB SITE £ ¤ 40 GB SW 22 GB MF-14 RC TF nd S t SW Sunset Ave SW Skyline Dr SW SW Luttrell Rd SW 19th Street Ter M SW Skyline Dr ni SW 19th St or ng e s id Dr SW Azure St SW SW 18th St SW 17th St SW 16th St th 20 St SW SF-7 rd SF-7 23 St SW th SW SW 14th Ter SW 13 Rainbow SW Morningside Dr r Ln h Te 24t SW 22nd St SW 21st St St SW Tw i lig ht SW Horizon Dr L n SW Sunrise Dr GB SW Clark Rd SW TF SW 11th St West View Cir SF-7 PF-01-15-4735 TOYO MOTORS 1708 SW EASTBOUND US 40 HWY SITE LOCATION MAP 0 300 ± 600 1,200 Feet

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