Planning Commission Agendas

Planning Commission AGENDA Monday May 14, 2018 6:30 p.m. HOWARD L. BROWN PUBLIC SAFETY BUILDING 1100 SW SMITH STREET City of Blue Springs  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. ###  Howard L. Brown Public Safety Building – 1100 SW Smith Street PLANNING COMMISSION MEETING AGENDA Monday, May 14, 2018 - 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 April 23, 2018 2 PUBLIC HEARING / DE-ANNEXATION / DEAX-04-18-6359 / “William & Linda Herbert” / 1750 E Pink Hill Road Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner on April 28, 2018 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 – Blue Springs Code of Ordinances (by reference) 8. 2014 Comprehensive Plan (by reference) 3 MASTER/ALTERNATIVE SIGN PLAN / ASP-03-186308 / “Sports & Luxury Auto, LLC” / 1928 NW Woods Chapel Road 4 ELECTION OF OFFICERS – Planning Commission Chairman, Lynn Banks Appointed:_______________________ Planning Commission Vice-Chairman, Joe Haney Appointed:_______________________ Board of Adjustment Liaison, Ginger Duhon Appointed:_______________________ Board of Adjustment Alt Liaison, Travis Graham Appointed:_______________________ Dev. Advisory Commission Rep. & Chairman, Mitchell Peil Appointed:_______________________ Downtown Review Board Rep.1, Joe Haney Appointed:_ Ken Billups Jr._________ Downtown Review Board Rep. 2, Vacant Appointed:_ Joe Haney_____________ 05.14.2018 Page 1 of 2 kf  Downtown Review Board Alt. Rep., Jackie Fairbanks Appointed:__Jackie Fairbanks_______ Historic Preservation Commission Rep., Ken Billups Jr. Appointed:______________________ Solid Waste Management Comm. Liaison, Byron Craddolph Appointed: ______________________ Technical Review Committee Rep., Ken Billups Jr. Appointed: ______________________ 5 OTHER BUSINESS – The next scheduled meeting is Tuesday, May 29, 2018. 6 ADJOURN If special accommodations are required for citizen participation in this meeting, PLEASE CALL 228-0207 (VOICE) OR 228-0250 (TDD) Posted at the Municipal Annex Building located at 1304 W Main Street and on the City’s website. http://www.bluespringsgov.com/AgendaCenter May 9, 2018 Karen Findora, Administrative Assistant Community Development 05.14.2018 Page 2 of 2 kf  City of Blue Springs 903 Main Blue Springs, Missouri 64015 Planning Commission MINUTES Monday, April 23, 2018 A regular meeting of the Planning Commission of the City of Blue Springs was held in the Howard L. Brown Public Safety Building located at 1100 SW Smith Street on Monday, April 23, 2018 with the following members, guests and staff in attendance: ATTENDANCE Ken Billups Jr. Chad Sanderson Jackie Fairbanks Scott Casey Ginger Duhon Travis Graham Joe Haney, Vice-Chairman Vacant Mike Mallon, Acting Community Development Director Matt Wright, Senior Planner Tom Degenhardt, City Engineer Jackie Sommer, City Attorney Susan Culpepper, Councilman – District 3 (Mayor Pro-Tem) Karen Findora, Planning Commission Liaison Jim Leacock, Public Stenographer ABSENT Planning Commissioner Lynn Banks Planning Commissioner Byron Craddolph Planning Commissioner Mitchell Peil CALL TO ORDER Vice-Chairman Joe Haney 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 Haney requested action on the Consent Agenda with a APPROVAL motion by Commissioner Ken Billups Jr., a second from Commissioner Ginger Duhon, and a unanimous vote, the Minutes of April 9, 2018, were approved as submitted. P.C. Minutes – 04.23.2018 Page 1 of 9 kf/mk AGENDA ITEM 2 The public hearing for Agenda Item 2 was opened at 6:32 p.m. with a request PUBLIC HEARING for exhibits from the City Attorney. Ms. Jackie Sommer introduced UNIFIED Exhibits 1 through 5 for Agenda Item 2 into the public record on behalf of DEVELOPMENT CODE the applicant. TEXT AMENDMENT / UDCT-04-18-6342 / “An Exhibits: Ordinance Amending Section 1. Staff Report with attachments 405.060: Accessory Uses; 2. Affidavit of Publication in The Examiner on April 7, 2018 Section 411.030 Use Groups 3. Application with attachments and Definitions; with regards 4. Title IV, Land Use Section – Blue Springs Code of Ordinances (by to the above ground storage of reference) flammable liquids; and 5. 2014 Comprehensive Plan (by reference) Section 500.140: Storage of Flammable Liquids.” Mike Mallon, Acting Community Development Director, stated that before the Planning Commission is a request for approval of a Unified Development Code Text Amendment regarding the above-ground storage of flammable liquids; Sections 405.060 and 411.030; City Council desires to loosen these regulations going forward. The above-ground storage of Class 1, 2, and 3 liquids are expressly prohibited in the City by Section 500.140. This section is of the Municipal Code, but is in conjunction with Section 405.060 and 411.030 of the Unified Development Code, which is vying for Commission approval during this meeting. The Development Advisory Commission met on April 13th to review staff’s proposed language for these UDC Text Amendments, and voted in favor of them and recommended approval from the Planning Commission, with additional Staff research to be completed between this DAC meeting and this Planning Commission meeting. The additional research desired by the DAC has been included with the staff Recommendations for this item. Under the assumption City Council votes to lift the prohibition of above-ground storage tanks, Staff is proposing to create a new non-residential accessory use, and amend Section 405.060 “Accessory Uses” for the storage of flammable liquids. A new section will be added: 405.060.A.7, that will provide the regulations for above-ground storage tanks. The amendment states that these tanks will only be allowed as an accessory use, only to principal industrial uses listed in Section 411.030.H “Industrial Use Groups”. Section 500.140 of the Municipal Code presently allows for temporary tanks primarily associated with construction activity. The prohibition of above- ground storage tanks will be removed entirely from this section. The temporary provisions will be relocated to a new section to self-contain the regulations. Currently, tanks not exceeding 250 gallons are permitted on premises zoned industrial or agricultural, and construction sites for 90 days, even though staff proposes to increase the limit to 180 days. Staff notes that all above-ground storage tanks shall be in accordance with all applicable building and fire codes as adopted by the City. The International Fire Code provides the standards for minimum separation requirements between multiple tanks, tanks and buildings, etc. Staff research involved reaching out to multiple companies in this industry to inquire the size of tanks that are most commonly used for temporary P.C. Minutes – 04.23.2018 Page 2 of 9 kf/mk  construction sites. Staff found that 500-gallon tanks were the most common, with some multi-acre operations requesting larger tanks. The Community Development Director will be able to approve of a tank exceeding 500 gallons of capacity. There was discussion during the DAC to consider adding the agriculture land use to the allowed principal uses for the tanks of large scale farming operations. Staff looks to add building/construction contractor land use as a principal land use, as well. Coordination is still taking place between staff and the Central Jackson County Fire Department regarding how to permit and conduct inspections of these tanks. Overall, staff feels that lifting the prohibition of and regulating these storage tanks will benefit businesses in the City. QUESTIONS Commissioner Billups inquired as to why City Council is looking to amend this part of the code, and expressed concern with this item. Mr. Mallon noted that there was a developer that was interested in using an above-ground storage tank at their place of business. City Council in response, wanted staff to look at amending the code for limited allowance of these storage tanks, as the prohibition was created in 1994. The DAC meeting in April led Staff to recommend extending the timeframe and potential size of temporary tanks. The regulations in place were found to be out-of-date, and loosening these would pose little risk, as they are held to the International Fire Code. Commissioner Jackie Fairbanks asked if automobile dealers, or gas stations would be able to take advantage of the changes to these regulations. Mr. Mallon indicated that this would not be the case, as above-ground storage tanks would be accessories to industrial uses and automobile dealers and gas stations are not principal industrial uses. Commissioner Fairbanks asked how many extensions staff would grant for these tanks. Mr. Mallon stated that this would be a “self-policing” matter, where construction would have to be ongoing for a tank and permit to be needed or approved. If construction delays for an extended period of time, there is a provision included in the amendments to prohibit these tanks in the event the principal industrial use ceases. Commissioner Chad Sanderson inquired about this topic and how other communities around Blue Springs have handled it. Mr. Mallon noted that staff reached out directly to Independence and Lee’s Summit, which are two cities with their own fire departments, who have both adopted the International Fire Code and implemented local amendments. These local amendments prohibit above-ground storage tanks, except for construction projects in non-residential areas. WITNESSES Tory Schwope, Colonial Gardens IN FAVOR 2404 Lake Breeze Dr. Lee’s Summit, MO Mr. Schwope spoke in favor of the amendments, and offered his experience in the construction industry to explain to the Commission the need for the above-ground tanks, as well as to address the safety concerns of some of the Commissioners. P.C. Minutes – 04.23.2018 Page 3 of 9 kf/mk WITNESSES None. OPPOSED HEARING CLOSED With no further discussion, Vice-Chairman Haney closed the public hearing at 7:12 p.m. MOTION Commissioner Travis Graham recommended the approval of Unified AGENDA ITEM 2 Development Code Text Amendments / UDCT-04-18-6342 / “An Ordinance PUBLIC HEARING Amending Section 405.060: Accessory Uses; Section 411.030 Use Groups UNIFIED and Definitions; with regards to the above ground storage of flammable DEVELOPMENT CODE liquids; and Section 500.140: Storage of Flammable Liquids” with staff TEXT AMENDMENT / comments as written. UDCT-04-18-6342 / “An Ordinance Amending Section 405.060: Accessory Uses; Section 411.030 Use Groups and Definitions; with regards to the above ground storage of flammable liquids; and Section 500.140: Storage of Flammable Liquids” SECOND Seconded by Commissioner Ginger Duhon. VOTE Ken Billups Jr. – No Jackie Fairbanks – No Chad Sanderson - Aye Mitchell Peil - Absent Ginger Duhon – Aye Byron Craddolph – Absent Travis Graham – Aye Scott Casey – No Joe Haney, Vice Chairman - Aye Vacant Lynn Banks, Chairman – Absent (APPROVED 4-Aye, 3-No) AGENDA ITEM 3 The public hearing for Agenda Item 3 was opened at 7:14 p.m. with a request PUBLIC HEARING for exhibits from the City Attorney. Ms. Jackie Sommer introduced Exhibits VACATION / VAC-04-18- 1 through 8 for Agenda Item 3 into the public record on behalf of the 6336 / “Hannah Place 2nd Plat, applicant. Lots 10-14” / 811-827 SW Walnut St. Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner on April 7, 2018 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 – Blue Springs Code of Ordinances (by reference) 8. 2014 Comprehensive Plan (by reference) Matt Wright, Senior Planner, Community Development, stated that before the Planning Commission is a request for approval of a Vacation of a portion of a platted drainage & utility easement and a 20ft. build line along the Walnut Street frontage of Lots 10-14 of Hannah’s Place 2nd Plat. Dwellings P.C. Minutes – 04.23.2018 Page 4 of 9 kf/mk  by Design KC, the applicant, is currently developing the second plat of Hannah’s Place, and has been faced with the challenge of accommodating their standard building footprint depths and driveway lengths. Having a minimum 20ft. building setback limits the rear driveway to be unable to accommodate extended cab vehicles. The Downtown Development Code only requires a 10ft. front setback along Walnut St., but a 20ft. drainage and utility easement was platted, but ultimately was moved to the rear of the lots. Staff finds that the proposed vacation will not impact any adjacent properties, and has received consent letters from all of the public utilities running through these lots. Staff and the Downtown Review Board recommend approval of the Vacation request. APPLICANT Mike Yancik, Dwellings by Design KC 1909 NW 75th St Kansas City, MO 64051 QUESTIONS Commissioner Billups inquired if the houses would be moved up the full 10ft. Mr. Yancik stated that he would like to move the houses up 5ft. each. WITNESSES None. IN FAVOR WITNESSES Andrea Goebel, Homeowner OPPOSED 803 W. Walnut Blue Springs, MO Ms. Goebel spoke against the request, expressing disproval of construction near her house. Damage to her privacy tree, water entering her crawl space, and her sight-line when backing out of her front-access driveway were her primary concerns with development in the immediate area. HEARING CLOSED With no further discussion, Vice-Chairman Haney closed the public hearing at 7:24 p.m. MOTION Commissioner Travis Graham recommended the approval of Vacation / AGENDA ITEM 3 VAC-04-18-6336 / “Hannah Place 2nd Plat, Lots 10-14” with two (2) staff PUBLIC HEARING conditions. VACATION / VAC-04-18- 6336 / “Hannah Place 2nd Plat, Lots 10-14” / 811-827 SW Walnut St. SECOND Seconded by Commissioner Chad Sanderson. VOTE Ken Billups Jr. – Aye Jackie Fairbanks – Abstain Chad Sanderson - Aye Mitchell Peil - Absent Ginger Duhon – Aye Byron Craddolph – Absent Travis Graham – Aye Scott Casey – Aye Joe Haney, Vice Chairman - Aye Vacant Lynn Banks, Chairman – Absent (APPROVED 6-Aye, 0-No, 1-Abstain) P.C. Minutes – 04.23.2018 Page 5 of 9 kf/mk STAFF 1. Approval by the City Council based on the representations of any RECOMMENDATIONS drawings presented as part of this application does not waive any requirement or development standard contained in the UDC. 2. Prior to building permit issuance, the Vacation must be recorded with Jackson County Recorder of Deeds and a recorded copy must be returned to the City of Blue Springs. AGENDA ITEM 4 The public hearing for Agenda Item 4 was opened at 7:29 p.m. with a request PUBLIC HEARING for exhibits from the City Attorney. Ms. Jackie Sommer introduced Exhibits VACATION / VAC-04-18- 1 through 8 for Agenda Item 4 into the public record on behalf of the applicant. 6338 / “Colonial Gardens 1st Plat” / 27610 SE Wyatt Rd. Exhibits: (Related to Agenda Item 5) 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner on April 7, 2018 & 3. Application with attachments 4. 185 ft. Notification Map AGENDA ITEM 5 5. Names/addresses of property owners within 185 ft. of site PLANNED 6. Copy of letter sent to said property owners DEVELOPMENT FINAL 7. Title IV, Land Use Section – Blue Springs Code of Ordinances (by PLAN & SITE PLAN / reference) DESIGN REVIEW / PDFS- 8. 2014 Comprehensive Plan (by reference) 04-18-6339 / “27610 SE Wyatt Rd.” (Related to Agenda Item 4) Matt Wright, Senior Planner, Community Development, stated that before the Planning Commission, first, is a request for approval of a Vacation of all dedicated landscape easements on Lot 1 of Colonial Gardens 1st Plat. Staff has found through additional review, that landscape easements are only required along street frontages where a limit of no access is required. This limit of no access is required along SE Wyatt Rd.; therefore, a landscape easement is not necessary. A minimum 15ft. buffer is required along SE Wyatt Rd., as the property is zoned “GB” (General Business). Through the 2016 Site Plan/Design Review process of Colonial Gardens, a 25ft. wide terrace frontage design was selected and approved as the required landscape buffer and frontage type. Details of the landscape buffers are reviewed and approved through the Site Plan/Design Review process, and not the platting process; therefore, staff supports the Vacation request. The second request is for approval of a Planned Development Final Plan & Site Plan/Design Review. The 2016 Site Plan/Design Review has shown the existing lath house, located between the site’s two access drives, to be removed out of the 25ft. landscape easement. The removal of this portion of the lath house was conditioned with the Site Plan/Design Review, and was to be removed before the issuance of a certificate of occupancy for the remodeled garden center. As construction has progressed on the site, the Applicant has determined that they would like to keep a portion of the lath house, which would extend 11.5ft. from the property line, within the 25ft. setback area. The lath house is a legal, non-conforming structure that previously was built up to the property line, but has been cut back to remove any sight triangle issues. The portion of the lath house that will remain in the P.C. Minutes – 04.23.2018 Page 6 of 9 kf/mk  25ft. landscape buffer, will contain landscape features and still contain the necessary plant units for the site. The lath house contains similar architectural design with that of other gardens and nurseries, so there is minimal concern with the structure itself. This request is solely for the lath house and the landscape buffer along SE Wyatt Rd., which staff approves of; the remainder of the site is to remain the same and has been previously approved. APPLICANT Tory Schwope, Colonial Gardens 2404 Lake Breeze Dr. Lee’s Summit, MO QUESTIONS None. WITNESSES None. IN FAVOR WITNESSES None. OPPOSED HEARING CLOSED With no further discussion, Vice-Chairman Haney closed the public hearing at 7:38 p.m. MOTION Commissioner Ken Billups Jr. recommended the approval of Vacation / AGENDA ITEM 4 VAC-04-18-6338 / “Colonial Gardens 1st Plat” with two (2) staff conditions. VACATION / VAC-04-18- 6338 / “Colonial Gardens 1st Plat” / 27610 SE Wyatt Rd. (Related to Agenda Item 5) SECOND Seconded by Commissioner Scott Casey. VOTE Ken Billups Jr. – Aye Jackie Fairbanks – Aye Chad Sanderson - Aye Mitchell Peil - Absent Ginger Duhon – Aye Byron Craddolph – Absent Travis Graham – Aye Scott Casey – Aye Joe Haney, Vice Chairman - Aye Vacant Lynn Banks, Chairman – Absent (APPROVED 7-Aye, 0-No) STAFF RECOMMENDATIONS 1. Approval by the City Council based on the representations of any drawings presented as part of this application does not waive any requirement or development standard contained in the UDC. 2. Prior to building permit issuance, the Vacation must be recorded with Jackson County Recorder of Deeds and a recorded copy must be returned to the City of Blue Springs. MOTION Commissioner Ken Billups Jr. moved to approve the Planned Development AGENDA ITEM 5 Final Plan & Site Plan/Design Review / PDFS-04-18-6339 / “Colonial PLANNED Gardens” with six (6) staff conditions. DEVELOPMENT FINAL PLAN & SITE PLAN / P.C. Minutes – 04.23.2018 Page 7 of 9 kf/mk DESIGN REVIEW / PDFS- 04-18-6339 / “Colonial Gardens 1st Plat” / 27610 SE Wyatt Rd (Related to Agenda Item 4) SECOND Seconded by Commissioner Jackie Fairbanks. VOTE Ken Billups Jr. – Aye Jackie Fairbanks – Aye Chad Sanderson - Aye Mitchell Peil - Absent Ginger Duhon – Aye Byron Craddolph – Absent Travis Graham – Aye Scott Casey – Aye Joe Haney, Vice Chairman - Aye Vacant Lynn Banks, Chairman – Absent (APPROVED 7-Aye, 0-No) STAFF RECOMMENDATIONS 1. Approval by the Planning Commission is based on the representations of any drawings presented as part of this application and does not waive any requirement or development standard contained in the UDC nor any condition required by the Planning Commission as part of this approval. 2. All requirements and conditions approved through the PD Final Plan/Site Plan Design Review in November 2016 shall still apply unless specifically revised through this approval. 3. Landscaping around the garden center entrance, in the courtyard, and between the west lath house and SE Wyatt Road shall be installed prior to the issuance of a Certificate of Occupancy for the garden center remodel and addition. 4. A building permit shall be approved prior to any further modifications to the lath house. 5. All screening must be installed prior to the issuance of a Certificate of Occupancy for the approved sub-phase. 6. A revised stormwater study and plans are required, so that the necessary stormwater improvements can be completed to receive issuance of a Certificate of Occupancy for the bulk storage facility. OTHER BUSINESS The next scheduled meeting is Monday, May 14, 2018. MEETING ADJOURN With no further discussion, a motion was made by Commissioner Ginger Duhon to adjourn at 7:42 p.m. Seconded by Commissioner Ken Billups Jr. MEDIA LINK https://www.youtube.com/watch?v=SDJMxEFsFE4&feature=youtu.be P.C. Minutes – 04.23.2018 Page 8 of 9 kf/mk  ____________________________________ Respectfully Submitted by Karen Findora, Recording Secretary ____________________________________ __________________________ Joe Haney, Vice-Chairman Date P.C. Minutes – 04.23.2018 Page 9 of 9 kf/mk  PLANNING COMMISSION STAFF REPORT Meeting Date: May 14, 2018 Agenda Item: 2 Case File Number: DEAX-04-18-6359 Project Name: 1750 E. Pink Hill Rd. Type of Application: De-Annexation Request: De-Annexation of 1.0 +/- acres out of the corporate limits of the City of Blue Springs Applicant: William H. Dunning, Linda S. Dunning, Herbert L. Dunning Property Owner: William H. Dunning, Linda S. Dunning, Herbert L. Dunning Engineer: N/A Attorney: N/A Address: 1750 E. Pink Hill Rd. General Location: Approximately 600 feet east of NE Jellison Rd. and 400 feet south of East Pink Hill Road Area: 1.0 +/- acres No. of Lots: N/A (Not Platted) Existing Zoning: “RE” (Residential Estate) Existing Land Use: Single Family Residential Comprehensive Plan Detached Housing Designation: Attachments: o Site location maps o Legal description of de-annexation area o Public notice documents o Application with attachments Planning Commission: May 14, 2018 City Council: May 21, 2018 Planner: Mike Mallon, Assistant Director Community Development Page 1 of 4  Project: 1750 E. Pink Hill Rd. Deannexation Plan Case: DEAX-04-18-6359 BACKGROUND INFORMATION/SUMMARY: The applicants, William H. Dunning, Linda S. Dunning, and Herbert L. Dunning, are requesting to de-annex an 1.0 +/- acre property from the corporate limits of the City of Blue Springs. The subject property was approved by the City Council to be annexed into the City of Blue Springs on July 16, 1973 (Ordinance No. 698) and subsequently proceeded through the formal annexation procedures, election and approval by district court. The applicants own both the subject property which is within the corporate limits of the City, as well the parcel directly adjacent to the north that is unincorporated and contains the primary residence of the property owners. The applicants are desiring to construct a large accessory barn or outbuilding on their unincorporated property; however, they are limited by the county regulated setbacks for the outbuilding adjacent to the property within the City limits and are consequently unable to construct the outbuilding as they are intending due to having a separate parcel in the City limits. Therefore, the applicants are requesting to de-annex the parcel from the City limits. PREVIOUS ACTIONS/APPROVALS:  The property was approved to be annexed into the City of Blue Springs in 1973 by Ord. 698, as part of a City-initiated annexation and subsequent election and court declaration. FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: There are no additional applications anticipated for the subject property at this time. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: Unincorporated Jackson County Single Family homes South: RE Single Family homes East: RE Single Family homes West: RE Single Family homes RECOMMENDATION: Staff recommends approval of the de-annexation request. SPECIAL INFORMATION Section 100.065 of the Blue Springs Municipal Code provides that detachment of territory (de- annexation) of any portion of land within the corporate limits of the City of Blue Springs can be considered after the following has been provided: A. Application Submittal. A complete application for the detachment of territory (de- annexation) shall be submitted to the Community Development Director in a form established by the City (De-Annexation application), along with a non-refundable fee that has been established by the City to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. The application shall be made and shall be signed by all owners of lands that the owners seek to have detached (de-annex). If the application is not submitted by all Page 2 of 4  Project: 1750 E. Pink Hill Rd. Deannexation Plan Case: DEAX-04-18-6359 such owners, that fact shall be noted on the application along with the names and addresses of all owners who are not a party to the application. The following shall be submitted in support of a detachment (de-annexation) application: 1. A written explanation of why the detachment of territory (de-annexation) is being requested. 2. Names and addresses of all owners of property abutting the proposed territory to be detached (de-annexed). 3. Notarized affidavit(s) from each owner(s) of land that is proposed to be detached (de- annexed), who are not listed as an applicant, indicating their consent to the detachment of territory (de-annexation). 4. A survey or such other drawing acceptable to the Community Development Director depicting the proposed territory to be detached (de-annexed), any utilities contained therein, and the properties and each property’s ownership surrounding the proposed territory to be detached (de-annexed). 5. A legal description to be detached (de-annexed). Notice Of Public Hearing 1. Newspaper notice. Notice of the time and place of the scheduled public hearing before the Planning Commission shall be published in a newspaper of general circulation at least two (2) weeks prior to the public hearing, said notice to include the legal description of the property to be detached (de-annexed). 2. Written notice. The City will attempt to notify, by mail, all owners of property abutting the proposed territory to be detached (de-annexed). Further, The Director of Community Development shall prepare a staff report that reviews the proposed detachment (de-annexation) request in light of the Comprehensive Plan and the general needs of the City to include the proposed detachment's effect on surrounding land within the City. The proposed de-annexation does not have a negative impact on the goals and policies of the Comprehensive Plan. The subject property is a rural, land locked parcel that does not front any public streets or right-of-way. The property is located adjacent to unincorporated property owned by the same property owner and does not contain any buildings or other primary structures. The location of the property adjacent to the northern outer boundary of the City limits would not create any enclaves or gaps within the overall City boundary, should the deannexation be approved. The property is currently served by City of Independence water and has a septic system. The City has no capital improvement projects to extend city water and sewer lines to serve the subject property and there are no development proposals in process or known at this time that would be required to extend utilities to serve the property. The primary reason the applicant is requesting to de-annex is the desire to construct a large outbuilding on his properties. The fact that one property is within the City of Blue Springs and the other is unincorporated creates issues related to the setbacks required for the new building. In Page 3 of 4  Project: 1750 E. Pink Hill Rd. Deannexation Plan Case: DEAX-04-18-6359 addition, there are no plans to extend and make available city utilities to serve the property. The deannexation of the subject property to be within the same jurisdictional control as the other property, which contains the primary residence, is appropriate. REVIEW CRITERIA: The Planning Commission shall consider the detachment (de-annexation) request at a regular meeting and in light of the Comprehensive Plan, the public hearing and the general needs of the City to include the proposed detachment's effect on surrounding land within the City. After such consideration, the Planning Commission shall make a recommendation to approve or disapprove the detachment (de-annexation). The Planning Commission recommendation shall be provided to the City Council and the applicant at least five (5) days before the meeting at which the City Council considers the detachment (de-annexation). STAFF RECOMMENDATION: Staff recommends approval of the proposed de-annexation application. If de-annexed, the site would be limited to minimum 3-acre single family residential lots on septic systems. This use of the property is appropriate given the location on the fringe of the City limits and the surrounding large lot residential development. Page 4 of 4  General Zoning Downtown District Zoning District RE CS SF-12 T3 SF-7 T4 TF T5 MF-10 MF-14 Overlay Districts MF-18 ADP-O MF-20 H-O NB PR-O R-O SO Conservation District PLOS PUD Concept Plan GB Planned Development CB RC LI HI Jackson County COUNTY AG RE-C GB-C LI-C HI-C NE P AG i nk H ill Rd SF-7 RE NE Jellison Rd Jackson SITE County RE SF-12 NE Tara Cir NE Gyr Falcon Dr ral NE st Ke t C NE Kestral Dr NE Prairie Falcon Dr NE SF-7 Hunters NE Glen Dr Ct N N G E Qu E W ail NE SF-12 o Ct sh aw SF-7 Ct alk k NE Falcon Wood Dr Tara Ct NE NE Peregrin Peregrin Dr Cir NE RE Glenfield Ct AG NE Roanoke Dr NE Qu NE RE onset C Greenwich Ct DEAX-04-18-6359 t WILLIAM & LINDA HERBERT 1750 E PINK HILL RD SITE LOCATION MAP 0 250 ± 500 1,000 Feet  Jackson County NE P ink H ill Rd NE Jellison Rd Jackson SITE County NE Tara Cir NE Gyr Falcon Dr l NE s tra Ke t C NE Kestral Dr NE Prairie Falcon Dr NE Hunters NE Glen Dr Ct N G E Ct osh NE aw k NE Falcon Wood Dr Tara Ct NE Peregrin DEAX-04-18-6359 Dr WILLIAM & LINDA HERBERT 1750 E PINK HILL RD SITE LOCATION AERIAL MAP 0 200 ± 400 800 Feet  PLANNING COMMISSION STAFF REPORT Meeting Date: May 14, 2018 Agenda Item: 3 Case File Number: ASP-03-18-6308 Project Name: Sports & Luxury Auto, LLC Type of Application: Master/Alternative Sign Plan Request: Approval of a Master/Alternative Sign Plan to remove an existing pole sign and install a new pole sign for Sports & Luxury Auto. Applicant: Sports & Luxury Auto, LLC / Ellis Gorden Property Owner: Sports & Luxury Auto, LLC / Ellis Gorden Developer: N/A Engineer: N/A Architect: N/A Attorney: N/A Location (Address): 1928 NW Woods Chapel Road General Location: Northeast corner of Interstate 70 and Woods Chapel Road interchange Area: 0.71 +/- Acres Lot: 1 Existing Zoning: “LI” (Light Industrial) Existing Land Use: Outdoor Sales & Storage – Equipment Comprehensive Plan Designation: Corridor Reinvestment & Neighborhood Retail Attachments:  Proposed Master/Alternative Sign Plan  Site Location Map Planning Commission: May 14, 2018 City Council: N/A Planner: Matt Wright, Senior Planner Page 1 of 4  Project: Sports & Luxury Auto, LLC Plan Case Number: ASP-03-18-6308 BACKGROUND INFORMATION/SUMMARY: The applicant is requesting approval of a Master/Alternative Sign Plan to allow the new property owner and business (Sports & Luxury Auto) to remove an existing pole sign and install a new pole sign on the property adjacent to Interstate 70. The existing pole sign current overhangs into the I-70 right-of-way and will be removed. A new pole sign will be constructed to the northwest of the current sign to meet the required setbacks. In addition to a pole sign, a wall sign will be installed on the building façade facing NW Woods Chapel Road. PREVIOUS ACTIONS/APPROVALS:  The Board of Adjustment approved a Variance (VAR-11-16-5585) for paving setbacks and landscape buffers on January 11, 2017.  The Planning Commission approved a Conditional Use Permit (CUP-01-17-5648) to allow “outdoor sales and service – equipment” and “vehicle repair, limited” on February 13, 2017.  The Planning Commission approved a Preliminary Plat (PP-05-17-5833) for Sports and Luxury Auto 1st Plat on June 12, 2017.  The Planning Commission approved a Site Plan Design Review (SPDR-05-17- 5835) for Sports and Luxury Auto on June 12, 2017.  The Planning Commission recommended approval of a Final Plat (PF-05-17- 5834) for Sports and Luxury Auto 1st Plat on June 12, 2017. The City Council approved the Final Plat on June 19, 2017 (Ordinance No. 4666). FUTURE APPLICATIONS/REVIEWS ANTICIPATED OR REQUIRED: If approved by the Planning Commission, the proposed signage will need to be permitted separately through the standard administrative sign permitting process. ABUTTING ZONING AND LAND USES: Direction Current Zoning Surrounding Land Uses North: “GB” (General Business) Gas Station/Convenience Store South: Right-of-Way Interstate 70 East: “RC” (Regional Commercial) Hotel West: Right-of-Way NW Woods Chapel Road (Arterial) RECOMMENDATION: Staff recommends approval of the Master/Alternative Sign Plan. MASTER / ALTERNATIVE SIGN PLAN DESIGN CRITERIA Sign Types: The applicant is requesting to remove the existing pole sign on the property adjacent to Interstate 70 and replace with a new pole sign. While pole signs are prohibited in many parts of the city, this location is Page 2 of 4  Project: Sports & Luxury Auto, LLC Plan Case Number: ASP-03-18-6308 within the Interstate 70 corridor, where pole signs may be allowed as part of a Master/Alternative Sign Plan. The applicant is also requesting to install a wall sign along the front building façade facing NW Woods Chapel Road. This is a permitted sign type. Sign Location: The proposed pole sign will be 35-feet in height, which is the maximum height allowed for a pole sign. The new pole sign location (at the base of the pole) will be setback 30-feet from Interstate 70 right-of-way. Based on the width of the sign, the southernmost edge of the sign will be setback approximately 20-feet from the right-of-way. Staff believes that this is a more appropriate location compared to the existing sign location, which overhangs into the Interstate 70 right-of-way. The proposed wall sign will be located on the front building façade facing NW Woods Chapel Road. Wall signs are permitted to be on building facades facing public right-of-way and/or facades where the main building entrance is located. Sign Measurements: Size allowance is measured by three criteria with whichever criterion providing the lowest square feet (sf.) being the criterion used. Those criteria are: two (2) sf. of signage allowed per linear foot of right-of-way frontage and ten percent (10%) of the building façade. The applicant meets each of the three criteria. The site has 357.12-ft. of linear right-of-way frontage, which would permit up to 714.24-ft. of sign area. The proposed pole sign measures 8-ft. by 20-ft. (160-sf.). The proposed wall sign measures 4-ft. by 8-ft. (32-sf.). The total proposed sign area for the site is 192-sf., well below the maximum permitted sign area. Sign Colors: The proposed signs are white, black, and gold. Sign Illumination: Proposed signage will be internally illuminated with LEDs, as allowed by Code. A building permit is required for all electrical improvements. Landscaping: The applicant provided a site plan showing the required 3-ft. of landscaping around the proposed pole sign. ACTION BY PLANNING COMMISSION The Planning Commission has the responsibility to determine if the proposed signage is appropriate for the proposed use, activity, or building, and may approve or deny an application for the Master/Alternative Sign Plan. Action of the Planning Commission may be appealed to the City Council. Page 3 of 4  Project: Sports & Luxury Auto, LLC Plan Case Number: ASP-03-18-6308 REVIEW CRITERIA In order to approve the Master/Alternative Sign Plan the Planning Commission should either agree that the sign meets the criteria defined in the Sign Code or approve an alternative sign program based on the following: 1. The applicant has submitted a complete application; 2. The development site contains unique or unusual physical conditions such as topography, proportion, size or relations to a public street that would limit or restrict normal sign visibility; 3. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest or other distinguishing features that represent clear variation from conventional development; or 4. The proposed signage incorporates special design features such as logos, emblems murals or statuaries that are integrated with building architecture. STAFF RECOMMENDATION: Staff recommends approval of the proposed Master/Alternative Sign Plan subject to the following conditions: 1. Upon approval of this Master/Alternative Sign Plan, all sign permits and building permits must be obtained prior to installation of signage, electrical, and lighting improvements. Page 4 of 4  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 se H ou MF-10 ht MF-14 Overlay Districts L ig MF-18 ADP-O NW NW MF-20 H-O RD PR-O t NB rC R-O M iz e Pi e Jackson County SO PLOS Conservation District Rd NW GB PUD Concept Plan Planned Development CB NW RC LI Ha MF-14 HI Ct or NW W COUNTY AG rb RE-C Dr estbro SF-7 Jackson County GB-C LI-C roo ke oke P HI-C es l tb W NW Duncan Rd NW Independence GB LI LI TF/R-O SITE LI RC/ R-O NW J e ffe LI RC GB GB rson S t NW Danbury nd hla Pl § ¨ ¦70 RC GB Ct As NW TF NW Jeff e rson S NW Sou w th Outer R NW NW inslo d Wi ns W NW Carl Ct low Pl Felt Dr fD RC RC s to rd if r GB RC An NW nD ng rdo Dr ver NW Ca GB NW South Outer Rd Ki NW GB e Dr tre ds nterbu e dl Woo n ry Rd Ca NW NW NW Delwood Dr NW Winsto MF-14 NW 36th St n Cir e NW C Chap a NW K in gsridg e Dr NW NW GB NW Arlington Pl Ol NW Delw l Rd d y ood ll lle Ct NW Va Va ey Kings Jackson Vi View ridge ew NW Ct County Rd Arlin Rd RE NB y Ct gton NW Rosaceae Dr NW Valley View Pl ur rb NW nte ringw Ca Ct ood D ASP-03-18-6308 r NW S SPORTS & LUXURY AUTO, LLC p 1928 NW WOODS CHAPEL RD SITE LOCATION MAP 0 300 ± 600 1,200 Feet  RD C M or ize rb Ha Rd t NW Duncan Rd Independence SITE NW Je ffe rson S t § ¨ ¦ 70 NW Sou th Outer R pe d NW Woods Cha NW Carl Felt Dr l Rd Dr NW e t re ASP-03-18-6308 36t dl e n SPORTS & LUXURY AUTO, LLC hS Ca 1928 NW WOODS CHAPEL RD t SITE LOCATION AERIAL MAP 0 NW 150 ±300 600 Feet